Question B.12, 2019 Political Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

B.12.

(Question B.12, Political Law, 2019 Bar Exam)

W, the incumbent Congressman of the Province of Albay, decided to run for Governor. He filed his certificate of candidacy (CoC) for Governor without resigning from his post and continued exercising his duties as Congressman, such as attending plenary sessions and committee hearings in the House of Representatives.

One of W’s fiercest critics, X, claimed that W should not be dispensing the functions of a Congressman since he is deemed ipso facto resigned as such upon his filing of a CoC for Governor of Albay.

(a) Is X’s argument correct? Explain. (2.5%)

(b) Assuming that W is instead, an incumbent Undersecretary of the Department of National Defense, what is the effect of the filing of his CoC for the position of Governor of Albay to said post? Explain. (2.5%)

Suggested Answer:

(a) No. Answer

Under election laws and jurisprudence, an elected official is not deemed to have resigned from his office upon the filing of his certificate of candidacy for the same or any other elected office or position. In effect, an elected official may run for another position without forfeiting his seat. Rule

In the case at bar, W is an elective official. Accordingly, his filing of his certificate of candidacy did not affect his position as Congressman and hence he may continue performing his duties and functions. Apply

Thus, the argument of Mr. X is not correct. Conclusion

(b) If W was an Undersecretary of the Department of National Defense, he will be deemed to have resigned his position if he files a certificate of candidacy since it is an appointive position. Under jurisprudence, any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees in government-owned or-controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

Share:

WhatsApp
Telegram
Facebook
Twitter
Subjects

Political Law, Labor Law

B. Judicial Review

Frequency: ★★★★☆ 1. Requisites Requisites for the exercise of the power of judicial review: 1) There must be an actual case or justiciable controversy before

3. Interpretation of penal laws

Frequency: ★★★★☆ PRESUMPTION OF INNOCENCE: In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved. (Section 14[2], Article III, 1987

K. Anti-Wire Tapping Act

1. Crimes a. Illegal wire-tapping It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken

1. Criminal liabilities and felonies

Frequency: ★★★★★ FELONIES: Acts and omissions punishable by law are felonies (delitos). (Article 3, Act No. 3815, Revised Penal Code) DOLO; CULPA: Felonies are committed

I. Anti-Trafficking in Persons Act of 2003

Frequency: ★★★★☆ “Trafficking in Persons” – refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without

A. General provisions

1. DEFINTIONS Succession. Succession – is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value

error: Content is protected.