Question B.15, 2019 Political Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

B.15.

(Question B.15, Political Law, 2019 Bar Exam)

R was elected as Municipal Councilor for three (3) consecutive terms. Before the end of the third term, Vice Mayor S died, rendering his post vacant. Since R was the highest-ranking Municipal Councilor, he assumed the office of the Vice Mayor. One of his constituents, T, assailed R’s assumption of office, arguing that elections should have been conducted to fill in the vacancy following the death of Vice Mayor S.

(a) Is T’s contention correct? Explain. (2.5%)

(b) Assuming that R validly assumed S’s post, at the end of R’s term as Vice Mayor, may he run, once more, for the position of Municipal Councilor? Or, is he prescribed to do so under the Local Government Code? Explain. (2.5%)

Suggested Answer:

(a) No. Answer

Under the Local Government Code, if a permanent vacancy occurs in the office of vice-mayor, the highest ranking sanggunian member shall become vice-mayor, Rule

In the case at bar, the death of Vice Mayor S resulted in a permanent vacancy. Accordingly, R as the highest-ranking Municipal Councilor becomes the vice-mayor succeeding Vice Mayor S. Apply

Thus, T’s contention is not correct. Conclusion

(b) Yes. Answer

Under the jurisprudence, succession in local government offices is by operation of law. Hence, a lower local elective official succeeding to a higher position does not count in the application of any term limit for the lower post. Succession in local government offices is by operation of law. Rule

In the case at bar, the assumption R as the highest-ranking Municipal Council to the position of S as vice-mayor is by operation of law. Accordingly, the term office that R rendered as vice-mayor does not count to the term limit for his previous post as Municipal Councilor. Apply

Thus, R may still run again for the position of Municipal Councilor. Conclusion

..

(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

D. Quorum and voting majorities

Frequency: ★☆☆☆☆ 1. Sessions REGULAR SESSIONS: The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a

G. Fundamental powers of the State

Frequency: ★★★★★ The State has three fundamental powers: 1) Police power; 2) Eminent domain; and 3) Taxation. (Planters Products, Inc. v. Fertiphil Corporation, G.R. No.

F. Military powers

Frequency: ★★★★☆ | Probability: ★★★☆☆ 1. Calling out powers President – power to call out the armed forces. The President shall be the Commander-in-Chief of

E. Crimes against public morals

Frequency: ★★★☆☆ CHAPTER 1: GAMBLING AND BETTING 1. Gambling a. CONCEPT Article 195. What acts are punishable in gambling. – (a) The penalty of arresto

N. Cybercrime Prevention Act of 2012

Frequency: ★★★★☆ “Access” – refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a

B. Anti-Fencing Law of 1979

Frequency: ★★☆☆☆ “Fencing” – is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep,

J. Crimes against chastity

Frequency: ★★★★★ COMMON PROVISIONS 1) Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness The crimes of adultery and concubinage

I. Support

1. WHAT IT COMPRISES Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the

error: Content is protected.