15-item quiz in political law

[1] M.J.D. Angangan School (AS) a private high school paid the National Printing Office (NPO) to print 2,000 copies of a certain book, which should be delivered at least a week before school opens. This, NPO failed to do. Due to injuries suffered, AS sued NPO in the Regional Trial Court (RTC) of Ilagan, Isabela for damages.

NPO invoked the state immunity from suit, saying that it performs functions essential to sovereignty such as the printing of print forms, official ballots, public documents, and public information materials. However, AS argues that, by entering into a contract, NPO waived its immunity from suit.

Who is correct and why?

[2] Executive Secretary Chua issued an order prohibiting the holding of rallies along Mendiola because it hampers the traffic flow to Malacanang. A group of militants questioned the order for being unconstitutional and filed a case against Secretary Chua to restrain him from enforcing the order. Secretary Chua raised state immunity from suit claiming that the state cannot be sued without its consent. Is the claim correct? Why or why not?

[3] What is the remedy of an aggrieved individual in case of a valid and effective invocation of state immunity? Does this mean that the monetary claims can no longer be pursued? Explain.

[4] Last year, Congress, by a vote of three-fourths of all its members, proposed a change in the Constitution. The change involves renaming the President as "Leader" and the Vice-President as "Sub-Leader." This was submitted to the people and was ratified. This year, again, Congress called for a constitutional convention which proposed an amendment which increases the number of Senators to 48 from 24 and the number of Justices in the Supreme Court to 21 from 15. This change was submitted to the people and was ratified.

A petition was filed in the Supreme Court, contesting the validity of these changes. Rule on the petition.

[5] Via people's initiative, a change to the Constitution was proposed. It was an addition to the Bill of Rights and it says, "The right of the people to reasonable Internet speed as may be set by law shall not be impaired." A petition in the Supreme Court was filed, questioning this proposal and saying that this is a revision, not an amendment. Should the proposal proceed?

[6] What is the role of the COMELEC in case of proposal to amend or revise the Constitution?

[7] Explain the rule on piecemeal proposals to amend or revise.

[8] The Philippines entered into a multilateral treaty allowing innocent passage of foreign merchant vessels through waters around, between and connecting islands of the Philippines. Is this treaty constitutional?
[9] Are all provisions of Article II on State Polices and Principles not self-executing? Explain.

[10] Explain the concept of auto-limitation.

[11] Within the US military base, LYREM, an American soldier, sold her watch to JAN for 1,000 dollars. The BIR assessed LYREM for taxes on said sale. However, she argues that the sale was done within the US military base and, as a consequence, not subject to taxes under Philippines laws. Is the argument valid? Why or why not?

[12] What cases does the Philippine government have jurisdiction within the territorial sea, the contiguous zone and the exclusive economic zone? Enumerate cases falling under each zone.

[13] Is suability the same as liability? Explain.

[14] In case a private individual wins against the DPWH in a suit for 10,000,000 pesos, can the courts issue an order of garnishment or order of attachment against the DPWH for said amount to be earmarked or collected in favor of the judgment creditor? Why or why not? Explain.

[15] The Department of Transportation and Communication (DOTC) encroached on Merjan's properties when it constructed a local telephone exchange. Merjan sued DOTC for payment for the area of land encroached. DOTC, however, invokes its immunity from suit, saying it was carrying sovereign functions in constructing the encroaching structures. Should the case filed by Merjan fail under the doctrine of state immunity from suit?

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