XIII. B.
Command responsibility pertains to the May a complaint for disbarment against the
responsibility of commanders for crimes Ombudsman prosper during her incumbency?
committed by subordinate members of the Explain your answer. (3%)
armed forces or other persons subject to their
control in international wars or domestic C.
conflicts. The doctrine has now found
application in civil actions for human rights Sec. 3, Art. XI of the Constitution states that
abuses, and in proceedings seeking the "[n]o impeachment proceedings shall be
privilege of the writ of amparo. initiated against the same official more than
once within a period of one year."
(a) What are the elements to be
established in order to hold the What constitutes initiation of impeachment
superior or commander liable under proceedings under the provision? (3%)
the doctrine of command
responsibility? (4%)
-XX-
(b) May the doctrine of command
Under Sec. 5, Article VIII of the Constitution,
responsibility apply to the President
the Supreme Court shall have the power to
for the abuses of the armed forces
"promulgate rules concerning the protection
(AFP and PNP) given his unique role
and enforcement of constitutional rights,
as the commander-in-chief of all the
pleading, practice and procedure in all courts
armed forces? Explain your answer.
xxx." Section 23 of R.A. No. 9165 or the
(4%)
Comprehensive Dangerous Drugs Act of 2002
provides that "any person charged under any
XIV. provision of this Act regardless of the
imposable penalty shall not be allowed to
To fulfill a campaign promise to the poor folk in avail of the provision on plea-bargaining."
a far-flung area in Mindanao, the President Patricio, a user who was charged with alleged
requested his friend, Pastor Roy, to devote his sale of shabu but who wants to enter a plea of
ministry to them. The President would pay guilt to a charge of possession, questions the
Pastor Roy a monthly stipend of ₱50,000.00 constitutionality of Sec. 23 on the ground that
from his discretionary fund, and would also Congress encroached on the rule-making
erect a modest house of worship in the locality power of the Supreme Court under Sec. 5,
in an area of the latter's choice. Article VIII. He argues that plea-bargaining is
procedural in nature and is within the
Does the President thereby violate any exclusive constitutional power of the Court. Is
provisions of the Constitution? Explain your Patricio correct? Explain your answer. (5%)
answer. (3%)
XV.
A.