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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