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2023 BAR EXAMINATIONS
POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

My Suggested Answer:

I will advise her that the search was constitutional.

In a case (Pollo v. Constantino-David, G.R. No. 181881, 18 October 2011, 675 Phil. 225), the Supreme Court held that "[o]ne of the factors stated in O'Connor [v. Ortega (480 U.S. 709 [1987])] which are relevant in determining whether an employee's expectation of privacy in the workplace is reasonable is the existence of a workplace privacy policy."

The Civil Service Commission (CSC), in its Computer Use Policy (Office Memorandum No. 10, s. 2002), "had implemented a policy that put its employees on notice that they have no expectation of privacy in anything they create, store, send or receive on the office computers, and that the CSC may monitor the use of the computer resources using both automated or human means. This implies that on-the-spot inspections may be done to ensure that the computer resources were used only for such legitimate business purposes."

Moreover, "[a] search by a government employer of an employee's office is justified at inception when there are reasonable grounds for suspecting that it will turn up evidence that the employee is guilty of work-related misconduct."

In this case, Zenaida, being a government employee, has no expectation of privacy in anything she create, store, send or receive on her office computer. Moreover, the purpose of the search conducted upon Zenaida's office computer was to investigate work-related misconduct.

Therefore, the search conducted upon Zenaida's office computer is not violative of her right to privacy and right against unreasonable searches and seizures, and hence, constitutional.

2023 BAR EXAMINATIONS
POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

My Suggested Answer:

No. In the coming 2028 elections, President Teodoro and Vice-President Angel may not legally run for President of the Philippines.

Under the Constitution (Sec. 4, Art. VII), "[t]he President shall not be eligible for any reelection." Moreover, "[n]o person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time."

In this case, Vice-President Angel already served as the President of the Philippines from 2010 to 2016. Moreover, when former President Priscilla resigned due to health conditions as President of the Philippines, she was only on her fifteenth (15th) month in office. As such, when President Teodoro succeeded former President Priscilla as President of the Philippines, he served as such for four (4) years and nine (9) months.

Therefore, President Teodoro and Vice-President Angel are no longer qualified to run for President of the Philippines.

2023 BAR EXAMINATIONS
POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

My Suggested Answer:

No. The petition will not prosper.

In a case (Hagedorn v. House of Representatives, G.R. No. 275800, 22 April 2025), the Supreme Court held that "[i]n the event of vacancy in the House of Representatives that occurs at least one year before the expiration of the term of such seat, it is incumbent upon the Commission on Elections (COMELEC) to call for and hold a special election to fill such vacancy not earlier that 60 days nor longer than 90 days after the occurrence of the vacancy. This is mandatory and ministerial duty of the COMELEC to call and hold the special election emanates from Republic Act No. 6645, as amended by Republic Act No. 7166, and is no longer conditioned upon any certification or call from the House of Representatives."

It is settled that mandamus is a remedy to compel the performance of purely ministerial acts, and upon a clear legal imposition of a duty upon the office or officer sought to be compelled to act.

In this case, the power and duty to call for and hold a special election in case of a vacancy in the House of Representatives resides with the COMELEC.

Therefore, the petition for the issuance of a writ of mandamus filed by the members of the party of Alfonso to compel House Speaker Rodil to call for a special election in their district will not prosper.

KAPAG BA IN-ACQUIT O PINAWALANG-SALA NG ISANG HUKUMAN ANG ISANG AKUSADO, IBIG SABIHIN BA NITO WALA TALAGA ITONG KASALANAN?

Hindi sa lahat ng pagkakataon.

Ayon sa Korte Suprema, mayroong dalawang (2) uri ng pagpapawalang-sala.

Una, ang pagpapawalang-sala dahil napag-alaman na hindi ang akusado ang gumawa ng krimen.

Sa sitwasyong ito, masasabing ang akusado ay talagang walang pagkakasala.

Pangalawa, ang pagpapawalang-sala sa kadahilanang may makatwirang pagdududa sa pagkakasala ng akusado.

Ang hatol ng hukuman ay nakabase lamang sa mga ebidensya na nai-presenta ng prosekusyon na tinanggap ng korte.

Sa sitwasyong ito, marahil ay hindi sapat ang mga ebidensya ng prosekusyon upang mapatunayan ang pagkakasala ng isang akusado, ngunit hindi ibigsabihin ay hindi talaga nito nagawa ang krimen. Sa madaling salita, maaaring ginawa ng akusado ang krimen, ngunit hindi ito nagawang mapatunayan ng prosekusyon sa hukuman.

Sabi nga ng Korte Suprema, mas mabuti nang magpawalang-sala ng isang maysala kaysa humatol at magkulong ng isang inosente.

(Photos by Jesse Bustos/The Philippine STAR)