The most important consideration here is you In this case, the Senate argued that as a
should be able to justify your answers and to offer continuing body, it can detain Strongwill
indefinitely. There is no dispute on the first
plausible arguments and legal bases for your
part of the argument (Senate as continuing
responses. body). However, the second part (indefinite
detention) is not correct as this amounts to
deprivation of liberty without due process of
law. In other words, the Senate, although a
1. No, the argument of Beauty is not continuing body, would be violating the Bill of
meritorious. Rights, especially the due process clause, if it
detains Strongwill indefinitely.
The House of Representatives Electoral
Tribunal is the sole judge of all contests Thus, the claim of the Senate is only partially
relating to the election, returns and correct.
qualifications of the members of the Lower
House (§17, Art. VI). To be considered a
member of the Lower House, a Congressman- 3. No, Rosebud is not disqualified to run by
elect must have been validly proclaimed, has reason of citizenship.
taken oath and has assumed office (Reyes v.
Comelec). Her assumption of office coincides No person shall be a member of the House of
with the beginning of her term at noon on the Representatives unless he/she is a natural-born
30th day of June next following the election Filipino citizen. Meanwhile, a woman that
(§4, Art. VI). marries a foreigner, whose national law
automatically deems her as its own citizen,
In this case, the actions of the COMELEC in does not thereby lose her natural-born Filipino
the disqualification case – from the decision to citizenship. Her being considered a citizen of
the declaration that the decision had become the country of her husband is by operation of
final – were done prior to noon of June 30, law and not because of her renunciation of her
2013, the beginning of the 2013-2016 term. Filipino citizenship.
During this period, it was the COMELEC and
not the HRET that had jurisdiction over the In this case, there is no indication that
case. Rosebud renounced her Filipino citizenship.
From the point of view of Philippine law, she
Thus, the argument of Beauty is not is still considered a natural-born Filipino
meritorious. citizen.
In this case, §32 of R.A. 4670 is incomplete The bill will then be presented to the
because it gives the judiciary absolute President. If he approves the bill, he shall sign
discretion to determine the duration of the it; otherwise, he shall veto it and return it with
penalty of imprisonment. In other words, the his objections to the House where it originated.
Congress vested in the judiciary the power to
determine what the law is, i.e., the duration of The House shall enter the objections in its
the applicable imprisonment. Journal and proceed to reconsider the bill. If
2/3 of all the Members of such House shall
Thus, the grant of authority to impose the agree to pass the bill, it shall be sent, together
alternative penalty (of imprisonment) in the with the objections, to the other House where
discretion of the court is an undue delegation it shall also be reconsidered. If approved by
of legislative power. 2/3 of all the Members of that House, the bill
shall become a law.
14. No, I will not dismiss the counterclaim.
The President shall communicate his veto to
the House where the bill originated within 30
State immunity from suits may be waived
days after the date of receipt thereof,
either expressly or impliedly. There is implied
otherwise, it shall become (lapse into) a law as
waiver for instance when the state commences
if he had signed it.
litigation and prays for the grant of an
affirmative relief from the court.
Generally, laws shall take effect after 15 days
following the completion of their publication
In this case, the Republic of Indonesia filed an
either in the Official Gazette, or in a
action for specific performance (i.e., to
newspaper of general circulation in the
perform the balance of its obligations under
Philippines, unless it is otherwise provided.
the contract) and for damages. It is asking the
Publication is a condition sine qua non to the
court for affirmative reliefs; thus, it impliedly
effectivity of laws.
waived its sovereign immunity from suits.