Sunday, March 15, 2020


1.Accused-appellant Jose Patriarca, Jr., with the aliases of "Ka Django," "Carlos Narra" and "Ka Jessie," appeals the decision of the Regional Trial Court at Sorsogon, Sorsogon, Branch 52, in Criminal Case No. 2773 entitled "People of the Philippines versus Jose Patriarca, Jr. alias 'Ka Django,' 'Carlos Narra,' 'Ka Jessie,' and 21 John Does" convicting him of murder and sentencing him to reclusion perpetua. Accused-appellant applied for amnesty under Proclamation No. 724 amending Proclamation No. 347, dated March 25, 1994, entitled "Granting Amnesty to Rebels, Insurgents, and All Other Persons Who Have or May Have Committed Crimes Against Public Order, Other Crimes Committed in Furtherance of Political Ends, and Violations of the Article of War, and Creating a National Amnesty Commission."
Question: (1) Based on the above-mentioned facts, is it within the power of the President to grant him amnesty despite the fact that there is still a pending appeal of his conviction? Explain.

2. During the public hearings conducted by the Senate Blue Ribbon Committee (hereafter called the Committee), it appeared that the AFP-RSBS purchased a lot in General Santos City, designated as Lot X, MR-1160, for P10,500.00 per square meter from private respondent Atty. Nilo J. Flaviano.  However, the deed of sale filed with the Register of Deeds indicated that the purchase price of the lot was only P3,000.00 per square meter.
The Committee thereafter caused the service of a subpoena to respondent Atty. Flaviano, directing him to appear and testify before it.  Respondent refused to appear at the hearing.  Instead, he filed a petition for prohibition and preliminary injunction with prayer for temporary restraining order with the Regional Trial Court of General Santos City, Branch 23, which was docketed as SP Civil Case No. 496.
Question: If you were the Judge concerned, will you grant the Temporary Restraining Order, or eventually the petition for Prohibition? Explain.

3.  (a) Where is executive power vested? (b) Is executive power defined under the 1987 Constitution? (c) Is it accurate to say that executive power is the power to enforce the laws? Explain.

4. When an international law is made part of the law of the land, pursuant to the doctrine of incorporation, what then is the standing of international  law vis-à-vis our national law in the municipal sphere? How did the Supreme Court rule on this matter in the case of Ichong v. Hernandez and Gonzales v. Hechanova? Explain your answer.
5. .Distinguish pardon from amnesty: (a) grantor (b) kind of act (c) judicial notice (d) conviction (e) forward


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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 ...