Monday, January 6, 2020

NOTICE: PRELIM EXAM TOMORROW AT 5:30 PM

GUIDE QUESTIONS:

1. What is executive power? Where is it vested? Give at least five examples of executive power as enumerated in the 1987 constitution?
2. Explain the three military powers of the president. What are the grounds for the president to declare martial law? State the limitations of president's power to declare martial law.
3. What is the dual function of a municipal corporation? In what capacity will it be liable for torts?
(Read: San Fernando v. Firme)
4. Can the Republic of Indonesia be sued if it violates a contract of services which is signed in the Philippines? Explain.
5. How did the Supreme Court remove Justice Sereno as chief justice?
6. President Estrada was also removed as President of the Philippines, on what ground?
7. What is an ad interim appointment? Is it a permanent appointment? Who makes an ad interim appointment?
8. What is " Restrictive Application of State Immunity"? Explain the two functions of a state? IN what function is it immune and not immune from suit?
9. Is judicial power defined under the 1987 constitution? What is that power in the Supreme Court which is uniquely found in the 1987 constitution but not found in our previous constitutions?
10.Define executive privilege? Who exercises it? What are the exceptions to the rule on executive privilege?
11. Is the Department of Agriculture liable when it did not pay the security guards which it hired in a contract with a private agency? Explain. (Read Dept of Agriculture v. NLRC)
12.On 31 March 2009, Governor Tan issued Proclamation No. 1, Series of 2009 (Proclamation 1-09), declaring a state of emergency in the province of Sulu.13 It cited the kidnapping incident as a ground for the said declaration, describing it as a terrorist act pursuant to the Human Security Act (R.A. 9372). It also invoked Section 465 of the Local Government Code of 1991 (R.A. 7160), which bestows on the Provincial Governor the power to carry out emergency measures during man-made and natural disasters and calamities, and to call upon the appropriate national law enforcement agencies to suppress disorder and lawless violence. In the same Proclamation, respondent Tan called upon the PNP and the CEF to set up checkpoints and chokepoints, conduct general search and seizures including arrests, and other actions necessary to ensure public safety. QUESTION: IS THIS ACT VALID

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IN THE MATTER OF THE ALLEGATIONS CONTAINED IN THE COLUMNS OF MR. AMADO P. MACASAET PUBLISHED IN MALAYA DATED SEPTEMBER 18, 19, 20 AND 21, 2007. D E C I S I O N

  Republic of the Philippines SUPREME COURT Manila EN BANC A.M. No. 07-09-13-SC             August 8, 2008 IN THE MATTER OF THE ALLEGATIONS ...