Administrative Law, Election Law and Law on Public Corporations - Finals

Far Eastern University
Institute of Law
Manila 

Administrative Law, Election Law, and Law on Public Corporations

First Semester, October 2008                         Atty. BMGJr.

FINAL EXAMINATION

I

 With the objectives of protecting the environment and pursuing sustainable development, the sangguniang bayan of Sariaya, Quezon approved an ordinance absolutely prohibiting the cutting of coconut trees within its entire territorial jurisdiction for a period of seven (7) years. This was based on scientific findings that ‘a certain hybrid of coconut, if planted to replace cut old trees, will fully mature in only seven years. The local legislation was questioned for being unconstitutional as it allegedly deprives coconut farmers and businessmen of their lawful means of livelihood.

 Resolve the case.

II

 The provincial board of Bohol promulgated. a resolution “expressing the province’s policy of objecting. to all forms of gambling, including: lotto, Within its territorial, jurisdiction. This is in line, with the LGU’s thrust of promoting, itself as a “character community” that is free from all kinds of vices. A private individual applied for permit to operate a lotto outlet in Dauis, Bohol, but the municipal mayor refused to grant the  permit, citing the resolution of the provincial board.

 Is the decision of the mayor legally sustainable?

III

 The local government of Batac, Ilocos Norte authorized some 200 destitute residents to use the town plaza as a tiangge so that they can have a decent means of livelihood. The local officials justified the action by arguing that the LGU has a duty to protect its inhabitants and promote their welfare by providing them with effective ways to lawfully earn a living.

 Discuss the legal merits of the local government’s action.

IV

 The sangguniang panlungsod of Davao City enacted. an ordinance ‘prohibiting the establishment or operation of businesses providing, certain forms of amusement, entertainment, service, and facilities in the downtown area and prescribing penalties for the violation thereof.” Invoking the police power, the city council sought the protection of the community’s morals by arresting the social ills allegedly nurtured by deceptively legitimate bars, girlie houses, cocktail lounges, and motels, which provide an  atmosphere cOnducive to prostitution, adultery, and fornication.

 Rule on the validity of the ordinance.

V

 The MMDA issued an. order to dismantle all commercial billboards, indiscriminate displays, signage, and other forms of advertisement at the MRT-3 along EDSA. Invoking public interest, the metropolitan body ratiocinated that the random instaflation of commercial billboards, banners and signage in the MRT's stations, railway structures, carriageway, and in its 73 train coaches was illegal and improper. This was assailed by a private advertising company which had an existing contract for advertising services with the MRT Corporation, on the grounds that: (a) the MMDA cannot exercise police power; and (b) public interest cannot be invoked to defeat due process and violate vested rights of private parties under a valid contract.

 Whose contention is correct?

VI

 Explain fully the concept and nature of suffrage, including the different schools of thought on the right of suffrage.

VII

 Dimas and Eistas are both members of the Partido Lahing Pilipino (PLP) and both vying for the position of mayor of Bonifacio City. Since neither would give way to the other, the party was divided into two factions. The party president declared.,Dimas as official candidate while the party secretary general proclaimed Eistas as PLP standard-bearer. Dimas questioned the nomination of Eistas before the RTC while Eistas filed a similar case With the COMELEC.

 Which case will prosper?

VIII

 Distinguish “residence” and “domicile”.

IX

 Gelvezon was the frontrunner among the candidates for vice mayor of Angeles City, Pampanga. He was proclaimed by the board ofcanvassers in spite of a pending petition filed by the board of election inspectors for the correction of inadvertent clerical errors in the election returns. The other candidates filed a case of annulment of proclamation before the COMELEC; but Gelvezon argued that the commission’s powers do not include the authority to annul elections.

 Decide the case.

X

 What are the issues that may be raised in a pre-proclamation controversy?