2013 (Political Law) Bar Exam Questions: Essay Question 5

[Answer/discuss the question below. Or see Political Law Instructions; Political Law Essay Questions: 1, 2, 3, 46, 7, 8, 9, 10, 11 and 12; Political Law Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20. See also 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]

V.

As a leading member of the Lapiang Mandirigma in the House of Representatives, you were tasked by the party to initiate the moves to impeeach the President because he entered into an executive agreement with the US Ambassador for the use of the former Subic Naval Base by the US Navy, for free, i.e., without need to pay rent nor any kind of fees as a show of goodwill to the U.S. because of the continuing harmonious RP-US relations.

Cite at least two (2) grounds for impeachment and explain why you chose them. (6%)

5 comments

  1. hmmm culpable violation of the constitution and betrayal of public trust na lang ang sinagot ko dito. hindi ko matandaan kung paano ko in-apply sa given facts pero it was one exhaustive discussion.

  2. Same, yung lang din maisip ko Culpable Violation – saying na cannot set aside treaty stipulations (US-RP Bases etc.), some provision on inalienable lands etc. hahaha. Tapos sa Betrayal of Public Trust, cited the doctrine in a case (without naming the case kasi di ko maalala) stating that any violation of the Constitution is in effect a betrayal of public trust.

    Oh Poli, how you shocked me! :p

  3. Same Answer.
    (1) Culpable Violation of the Constitution.
    Sec. 25, Art. XVIII provides: ” After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning military bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.
    (2) Betrayal of Public Trust.
    ……………

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