POLIREV Bar Questions

8/10/2019 POLIREV Bar Questions

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11. What are the elements of state?

As held in COLLECTOR VS. CAMPOS RUEDA, 42 SCRA 23, the elements of a state are.1. people2. territory3. sovereignty4. government

12. Are the two-fold function of government as enumerated by the Sureme !ourt in"A!A#$ %S. #A!&!&' 1(( )hil. *+, inistrant /merely directory0 and !onstituent

/andatory0 unctions still alicable today?

No more as held i ACC!A VS. CU"CO, 3# SCRA $4%. This is due to complexities of the

changing society, the two-fold function of the government as classied y !resident "ilson is no longer

relevant as a result of the changing society wherein what are considered merely ministrant functions of

the #tate efore are now considered constituent , or vice versa.

13. What 4ind of government was the A5uino 6overnment after former )resident arcos

left ala5canang for 7awaii due to the 89SA :evolution in ebruary 1;,+.

As held i & Re' SATURNINO BERMUDEZ, 145 SCRA 160, the same is de $ure.A government

formed as a result of a people%s revolution, is considered de $ure if it is already accepted y the family

of nations or other countries li&e the 'nited #tates, (reat )ritain, (ermany, *apan, and others.

14. What are the three (3) !"#$ %& #e &a't% %er"*e"t+

As held in CO IM C-AM S. A/DEZ TAN E-, 5 h!2. 113, the three +3 &inds of de facto

governments are

a. he rst, or government de facto in a proper legal sense, is that government that gets possession

and control of, or usurps, y force or y the voice of the ma$ority, the rightful legal governments and

maintains itself against the will of the latter, such as the government of /ngland under the

0ommonwealth, rst y !arliament and later y 0romwell as !rotector.

. he second is that which is estalished and maintained y military forces who invade and occupy

a territory of the enemy in the course of war, and which is denominated a government of paramount

force, as the cases of 0astine, in aine, which was reduced to )ritish possession in the war of 112,and ampico, exico, occupied during the war with exico, y the troops of the 'nited #tates.

c. And the third is that estalished as an independent government y the inhaitants of a country

who rise in insurrection against the parent state of such as the government of the #outhern

0onfederacy in revolt not concerned in the present case with the rst &ind, ut only with the second

and third &inds of de facto governments.

)ut there is another description of government, called also y pulicists a government de facto, ut

which might, perhaps, e more aptly denominated a government of paramount force. ts distinguishing

characteristics are

+1, that its existence is maintained y active military power with the territories, and against the

rightful authority of an estalished and lawful government5 and

+2, that while it exists it necessarily e oeyed in civil matters y private citi6ens who, y acts of

oedience rendered in sumission to such force, do not ecome responsile, or wrongdoers, for those

acts, though not warranted y the laws of the rightful government.

1


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"hen a foreign power occupies a state and exercises the powers of government, the political laws of

the said state are deemed automatically suspended ut the former government automatically comes

to life and will e in force and in e7ect again upon the re-estalishment of the former government.

+aylor, nternational 8aw, p. 91:.

1+. What is the doctrine of sovereignty as auto limitation?

n the succinct language of *elline&, it is the property of a state-force due to which it has the exclusive

capacity of legal self-determination and self-restriction. A $tate the", !& !t 'h%%$e$ t%, *a

re&ra!" &r%* the eer'!$e %& hat %ther!$e !$ !22!*!ta72e '%*8ete"'e. he opinion was at

pains to point out though that even then, there is at the most diminution of $urisdictional rights, not its

disappearance. +0ited in ;eagan vs. 0ommissioner, PEOPLE VS. "O(O, )3 SCRA 4*$ ad

COMM&SS&ONER VS. RO+ERTSON, 43 SCRA 3%*-

1>. What is the incororation theory or the $ncororation !lause of the !onstitution?

t is the principle emodied in #ection 2, Article of the 0onstitution which states that The

h!2!88!"e$ a#%8t$ the e"era22 a''e8te# 8r!"'!82e$ %& !"ter"at!%"a2 2a a$ 8art %& the

2a %& the 2a"#. +ME9O:: S. DIRECTOR O: RISONS, ;0 h!2. 0, URODA S. 9A/ANDONI,


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:. ART. @I, Se'. 3(3. At the option in writing y parents, religion shall e allowed to e taught to

their children in elementary and high schools within the regular class hours y instructors designated

or approved y religious authorities to which said children elong, without additional cost to the

government.

1HI 0@#'@ D B/ !B8!!@/# !hil 0on I5 @ew Deatures +1HH1

@o 1 Bow is the )ill of ;ights strengthened in the 1HI 0onstitutionJ

#'((/#/= A@#"/; here are several ways in which the )ill of ;ights is strengthened in the 1HI

0onstitution.

1 @ew rights are given explicit recognition such as, the prohiition against detention y reason of

political eliefs and aspirations. he waiver of iranda rights is now reFuired to e made in writing

with the assistance of counsel. he use of solitary, incommunicado and secret detention places is

prohiited, while the existence of sustandard and inadeFuate penal facilities is made the concern of

legislation.

2 here is also recognition of the right of expression, an express prohiition against the use of torture,

a mandate to the #tate to provide compensation and rehailitation for victims of torture and their

families.

3 #ome rights have een expanded. Dor instance, free access to courts now includes access to Fuasi-

$udicial odies and to adeFuate legal assistance.

4 he reFuirements for interfering with some rights have een made more strict. Dor instance, only

$udges can now issue search warrants or warrants of arrest. here must e a law authori6ing the

/xecutive =epartment to interfere with the privacy of communication, the lierty of aode, and the

right to travel efore these rights may e impaired or curtailed.

: he 0onstitution now provides that the suspension of the privilege of the writ of haeas corpus does

not suspend the right to ail, thus resolving a doctrinal dispute of long standing.

9 he suspension of the privilege of the writ of haeas corpus and the proclamation of martial law

have een limited to sixty +9> days and are now su$ect to the power of 0ongress to revo&e. n

addition, the #upreme 0ourt is given the $urisdiction, upon the petition of any citi6en to determine the

suKciency of the factual asis of the suspension of the privilege of the writ of haeas corpus and the

proclamation of martial law.

I. he #upreme 0ourt is empowered to adopt rules for the protection and enforcement of

constitutional rights.

. Art. . #ec. 11 commits the #tate to a policy which places value on the dignity of every human

person and guarantees full respect for human rights.

H. A 0ommission on Buman ;ights is created.

1>. 'nder Article E


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!hil 0on I5 !eople !ower +1HI

@o. E


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@o -s Ppeople powerP recogni6ed y the 1HI 0onstitutionJ /xplain fully.

#'((/#/= A@#"/; P!eople powerP is recogni6ed in the 0onstitution. Article , #ection 4 of the

1HI 0onstitution guarantees the right of the people peaceale to assemle and petition the

government for redress of grievances. Article 4

+1>-a )@@ ;epulic has a defense treaty with />9

1. a "hat is the principal identifying feature of a presidential form of governmentJ /xplain. +2.:N

#'((/#/= A@#"/; he principal identifying feature of a presidential form of government is

emodied in the separation of powers doctrine. /ach department of government exercises powers

granted to it y the 0onstitution and may not control, interfere with or encroach upon the acts done

within the constitutional competence of the others. Bowever, the 0onstitution also gives each

department certain powers y which itmay denitely restrain the others from improvident action,therey maintaining a system of chec&s and alances among them, thus, preserving the will of the

sovereign expressed in the 0onstitution.

"hat are the essential characteristics of a parliamentary form of governmentJ +2.:N

#'((/#/= A@#"/; he essential characteristics of a parliamentary form of government are the

fusion of the legislative and executive ranches in parliament5 the prime minister, who is the head of


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government, and the memers of the cainet, are chosen from among the memers of parliament and

as such are accountale to the latter5 and the prime minister may e removed from oKce y a vote of

loss of condence of parliament. here may e a head of state who may or may not e elected.

A;08/ @ational erritoryArchipelagic =octrine +1HH

@o. 2> "hat do you understand y the archipelagic doctrineJ s this reMected in the 1HI

0onstitutionJ

#'((/#/= A@#"/; he A;0B!/8A(0 =0;@/ emphasi6es the unity of land and waters y

dening an archipelago either as a group of islands surrounded y waters or a ody of waters studded

with islands. Dor this purpose, it reFuires that aselines e drawn y connecting the appropriate points

of the Poutermost islands to encircle the islands within the archipelago. he waters on the landward

side of the aselines regardless of readth or dimensions are merely internal waters.

Oes, the archipelagic doctrine is reMected in the 1HI 0onstitution. Article , #ection 1 provides that

the national territory of the !hilippines includes the !hilippine archipelago, with all the islands and

waters emraced therein5 and the waters around, etween, and connecting the islands of thearchipelago, regardless of their readth and dimensions, form part of the internal waters of the

!hilippines.

0ontiguous Sone vs. /xclusive /conomic Sone +2>>4

+2-a-2 =istinguish he contiguous 6one and the exclusive economic 6one.

#'((/#/= A@#"/; 0@(''# S@/ is a 6one contiguous to the territorial sea and extends up to

12 nautical miles from the territorial sea and over which the coastal state may exercise control

necessary to prevent infringement of its customs, scal, immigration or sanitary laws and regulations

within its territory or territorial sea. +Article 33 of the 0onvention on the 8aw of the #ea.

he /E08'#> nautical miles from the aselines of a

state over which the coastal state has sovereign rights for the purpose of exploring and exploiting,

conserving and managing the natural resources, whether living or nonliving, of the waters super$acent

to the seaed and of the seaed and susoil, and with regard to other activities for the economic

exploitation and exploration of the 6one. +Articles :9 and :I of the 0onvention on the 8aw of the #ea.

/xclusive /conomic Sone5 ;ights of the 0oastal #tate +1HH4

@o. 11 n the desire to improve the shing methods of the shermen, the )ureau of Disheries, with the

approval of the !resident, entered into a memorandum of agreement to allow hai shermen to sh

within 2>> miles from the !hilippine sea coasts on the condition that Dilipino shermen e allowed touse hai shing eFuipment and vessels, and to learn modern technology in shing and canning.

1 s the agreement validJ

#'((/#/= A@#"/; 1 @o. the !resident cannot authori6e the )ureau of Disheries to enter into a

memorandum of agreement allowing hai shermen to sh within the exclusive economic 6one of the

!hilippines, ecause the 0onstitution reserves to Dilipino citi6ens the use and en$oyment of the

exclusive economic 6one of the !hilippines.


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#ection 2. Article E of the 0onstitution provides he #tate shall protect the nationLs marine part in

its archipelagic waters, territorial sea, and exclusive economic 6one, and reserve its use and

en$oyment to Dilipino citi6ens.P

#ection I, Article E of the 0onstitution provides Phe #tate shall protect the rights of susistence

shermen, especially of local communities, to the preferential use of the communal marine and shing

resources, oth inland and o7shore. t shall provide support to such shermen through appropriate

technology and research, adeFuate nancial, production, and mar&eting assistance, and other

services. he #tate shall also protect, develop, and conserve such resources. he protection shall

extend to o7shore shing grounds of susistence shermen against foreign intrusion. Dishwor&ers shall

receive a $ust share from their laor in the utili6ation of marine and shing resources.

/xclusive /conomic Sone5 ;ights of the 0oastal #tate +C1-2>>:

+c /numerate the rights of the coastal state in the exclusive economic 6one. +3N

A8/;@A nautical miles eyond the aseline from which the territorial

sea is measured. +#ee Art. :9, '@08# *urisdiction, inter alia, with regard to

+1 the estalishment and use of articial islands, installations and structures5 +2 marine scientic

research5 +3 and the protection and preservation of the marine environment.

Dlag #tate vs. Dlag of 0onvenience +2>>4

+2-a-3 =istinguish he Mag state and the Mag of convenience.

#'((/#/= A@#"/; D8A( #A/ means a ship has the nationality of the Mag of the state it Mies, ut

there must e a genuine lin& etween the state and the ship. +Article H1 of the 0onvention on the 8aw

of the #ea. D8A( D 0@


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aterials on nternational 8aw, :th ed., 1HH, p. 42:. erritory U (overnment +1HH9

@o. A law was passed dividing the !hilippines into three regions +8u6on, I. nternal waters are the waters on the landward side of

aselines from which the readth of the territorial sea is calculated. +)rownlie, !rinciples of !ulic

nternational 8aw, 4th ed., 1HH>, p. 12>.

A;08/ =eclaration of

!rinciples and #tate !olicies

Armed Dorces5 #ervant of the !eople +2>>3

@o - Article . #ection 3, of the 1HI


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1 *une 1HH1, the ;epulic of ndonesia led an action efore the ;egional rial 0ourt

of !asig. ;i6al, to compel ari&ina #hoe 0orporation to perform the alance of its

oligations under thecontract and for damages. n its Answer, ari&ina #hoe

0orporation sets up a counterclaim for '.#. W3,>>>,>>>.>> representing the

payment for the 1>>,>>> pairs of comat oots already delivered ut unpaid.

ndonesia moved to dismiss the counterclaim, asserting that it is entitled tosovereign mmunity from suit. he trial court denied the motion to dismiss and

issued two writs of garnishment upon ndonesian (overnment funds deposited in

the !hilippine @ational )an& and Dar /ast )an&. ndonesia went to the 0ourt of

Appeals on a petition for certiorari under ;ule 9: of the ;ules of 0ourt. Bow would

the 0ourt of Appeals decide the caseJ

#'((/#/= A@#"/; he 0ourt of Appeals should dismiss the petition insofar as it

see&s to annul the order denying the motion of the (overnment of ndonesia to

dismiss the counterclaim. he counterclaim in this case is a compulsory

counterclaim since it arises from the same contract involved in the complaint. As

such it must e set up otherwise it will e arred. Aove all, as held in Droilan vs.

!an riental #hipping 0o., H: !hil. H>:, y ling a complaint, the state of ndonesia

waived its immunity from suit. t is not right that it can sue in the courts ut it

cannot e sued. he defendant therefore acFuires the right to set up a compulsory

counterclaim against it. Bowever, the 0ourt of Appeals should grant the petition of

the ndonesian government insofar as it sought to annul the garnishment of the

funds of ndonesia which were deposited in the !hilippine @ational )an& and Dar

/ast )an&.

0onsent to the exercise of $urisdiction of a foreign court does not include waiver of

the separate immunity from execution. +)rownlie, !rinciples of !ulic nternational

8aw, 4th ed., p. 344. hus, in =exter vs. 0arpenter vs. Xunglig *arnvagsstyrelsen,

43 Ded I>:, it was held the consent to e sued does not give consent to the

attachment of the property of a sovereign government.

#tate mmunity from #uit +1HH9

@o. 95 he ;epulic of the )alau +formerly !alau slands opened and operated in

anila an oKce engaged in trading )alau products with !hilippine products. n one

transaction, the local uyer complained that the )alau goods delivered to him were

sustandard and he sued the ;epulic of )alau, efore the ;egional rial 0ourt of

!asig, for damages. a Bow can the ;epulic of )alau invo&e its sovereign

immunityJ /xplain.

"ill such defense of sovereign immunity prosperJ /xplain.

#'((/#/= A@#"/; A he ;epulic of )alau can invo&e its sovereign mmunity

y ling a motion to dismiss in accordance with #ection l+a, ;ule 19 of the ;ules of

0ourt on the ground that the court has no $urisdiction over its person.


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According to the Boly #ee vs. ;osario, 23 #0;A :24, in !ulic nternational 8aw,

when a #tate wishes to plead sovereign immunity in a foreign court, it reFuests the

Doreign Kce of the #tate where it is eing sued to convey to the court that it is

entitled to immunity. n the !hilippines, the practice is for the foreign government to

rst secure an executive endorsement of its claim of sovereign immunity. n some

cases, the defense of sovereign immunity is sumitted directly to the local court ythe foreign government through counsel y ling a motion to dismiss on the ground

that the court has no *urisdiction over its person.

@o, the defense of sovereign mmunity will not prosper. he sale of )alau

products is a contract involving a commercial activity. n 'nited #tates vs. ;ui6,

139#0;A4I and 'nited #tates vs. (uinto, 12 #0;A 944, it was stated that a

foreign #tate cannot invo&e mmunity from suit if it enters into a commercial

contract. he !hilippines adheres to ;/#;0


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2 essential pulic services will e impaired if funds of the government were su$ect

to execution, +0ommissioner of !ulic Bighways vs. #an =iego, 31 #0;A 919

+1HI>. he remedy of the prevailing party is to have the $udgment credit in his

favor included in the general appropriations law for the next year.


@o. 95 *ohnny was employed as a driver y the unicipality of 0alumpit, )ulacan.

"hile driving rec&lessly a municipal dump truc& with its load of sand for the repair

of municipal streets, *ohnny hit a $eepney. wo passengers of the $eepney were

&illed. he #angguniang )ayan passed an ordinance appropriating !3>>,>>> as

compensation for the heirs of the victims. 1 s the municipality liale for the

negligence of *ohnnyJ 2 s the municipal ordinance validJ

#'((/#/= A@#"/;

1 Oes, the unicipality of 0alumpit is liale for the negligence of its driver *ohnny.

'nder #ection 24 of the 8ocal (overnment 0ode, local government units are not

exempt from liaility for death or in$ury to persons or damage to property.

A8/;@A


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incident and his parents now le suit against he @8A for damages. ay the @8A

validly invo&e the immunity of the #tate from suitJ =iscuss thoroughly.

#'((/#/= A@#"/; @o, the @orthern 8u6on rrigation Authority may not invo&e

the immunity of the #tate from suit, ecause, as held in Dontanilla vs. aliaman,

1IH #0;A 9: and 1H4 #0;A 49, irrigation is a proprietary function. )esides, the@orthern 8u6on rrigation Authority has a $uridical personality separate and distinct

from the government, a suit against it is not a suit against the #tate. #ince the

waiver of the immunity from suit is without Fualication, as held in ;ayo vs. 0ourt of

Dirst nstance of )ulacan, 11> #0;A 4:9, the waiver includes an action ased on a

Fuasi-delict.

#tate mmunity from #uit +1HHH

A. 1. "hat do you understand y state immunity from suitJ /xplain. +2N

2. Bow may consent of the state to e sued e givenJ /xplain. +2N

#'((/#/= A@#"/;

1.#A/ '@O D; #' means that the #tate cannot e sued without its

consent. A corollary of such principle is that properties used y the #tate in the

performance of its governmental functions cannot e su$ect to $udicial execution.

2. 0onsent of the #tate to e sued may e made expressly as in the case of a

specic, express provision of law as waiver of #tate immunity from suit is not

inferred lightly +e.g. 0.A. 32I as amended y != 144:Y or impliedly as when the

#tate engages in proprietary functions +'.#. v. ;ui6, '.#. v. (uinto or when it les a

suit in which case the adverse party may le a counterclaim +Droilan v. !an riental#hipping or when the doctrine would in e7ect e used to perpetuate an in$ustice

+Amigale v. 0uenca, 43 #0;A 39>.

#tate mmunity from #uit +1HHH

@o


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+a PEP led a case against the ;epulic of the !hilippines for damages caused his

yacht, which was rammed y a navy vessel.

+ PEP also sued in another case the #ecretary of !ulic "or&s and the ;epulic of

the !hilippines for payment of the compensation of the value of his land, which was

used as part of the tarmac of the 0eu nternational Airport, without priorexpropriation proceedings. he #olicitor (eneral moved to dismiss the two cases

invo&ing state immunity from suit =ecide.

#'((/#/= A@#"/;

a.he government cannot e sued for damages considering that the agency which

caused the damages was the !hilippine @avy. 'nder Art. 21> of the 0ivil 0ode, the

state consents to e sued for a Fuasi-delict only when the damage is caused y its

special agents. Bence, the #olicitor (eneralLs motion should e granted and the suit

rought y PEP e dismissed.

+ )ut the government 0A@@ @ #0;A 494 +1HI1, which also involved the

ta&ing of private property without the enet of expropriation proceeding, Phe

doctrine of governmental immunity from suit cannot serve as an instrument for

perpetrating an in$ustice on a citi6en. . . . "hen the government ta&es any property

for pulic use, which is conditional upon the payment of $ust compensation, to e

$udicially ascertained, it ma&es manifest that it sumits to the $urisdiction of the

court.P he #olicitor (eneralLs motion to dismiss should, therefore, e denied.

#tate mmunity vs. "aiver of mmunity +1HHI

@o, 9 t is said that Pwaiver of immunity y the #tate does not mean a concession

of its liailityP. "hat are the implications of this phraseJ

#'((/#/= A@#"/; he phrase that waiver of immunity y the #tate does not

mean a concession of liaility means that y consenting to e sued, the #tate does

not necessarily admit it is liale. As stated in !hilippine ;oc& ndustries, nc. vs.

)oard of 8iFuidators, 1> #0;A 1I1, in such a case the #tate is merely giving the

plainti7 a chance toprove that the #tate is liale ut the #tate retains the right to

raise all lawful defenses.


@o 1H =evi is the owner of a piece of land. "ithout prior expropriation or

negotiated sale, the national government used a portion thereof for the widening of

the national highway. =evi led a money claim with the 0ommission on Audit which

was denied. 8eft with no other recourse, =evi led a complaint for recovery of

property andVor damages against the #ecretary of !ulic "or&s and Bighways and

the ;epulic of the !hilippines, he defendant moved for dismissal of the complaint


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contending that the government cannot e sued without its consent. he ;0

dismissed the complaint. n appeal, how would you decide the case.

#'((/#/= A@#"/;

he order dismissing the complaint should e reversed. n inisterio v. 0ourt of Dirst

nstance of 0eu, 4> #0;A 494, it was held that when the government ta&es

property from a private landowner without prior expropriation or negotiated sale,

the landowner may maintain a suit against the government without violating the

doctrine of government mmunity from suit. he government should e deemed to

have waived impliedly its immunity from suit. therwise, the constitutional

guarantee that private property shall not e ta&en for pulic use without $ust

compensation will e rendered nugatory.

#tate !rinciples U !olicies +1HH4

@o. 15 "hat is the state policy on a wor&ing womenJ ecologyJ c the symols of

statehoodJ d cultural minoritiesJ e science and technologyJ

#'((/#/= A@#"/;

a #ection 14, Article E of the 0onstitution provides Phe #tate shall protect

";X@( "/@ y providing safe and healthful wor&ing conditions, ta&ing into

account their maternal functions, and such facilities and opportunities that will

enhance their welfare and enale them to reali6e their full potential in the service of

the nation.P

#ection 19, Article of the 0onstitution provides he #tate shall protect and

advance the right of the people and their posterity to a alanced and healthful/08(O in accord with the rhythm and harmony of nature.P

c #ection 1, Article E


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he 0ongress may provide for the applicaility of customary laws governing

property rights or relations in determining the ownership and extent of the ancestral

domains.P #ection 9, Art. E of the 0onstitution provides he #tate shall apply the

principles of A(;A;A@ ;/D; or stewardship, whenever applicale in

accordance with law, in the disposition or utili6ation of other natural resources,

including lands of the pulic domain under lease or concession suitale toagriculture, su$ect to prior rights, homestead rights of small settlers, and the rights

of indigenous communities to their ancestral lands. he #tate may resettle landless

farmers and farm wor&ers in its own agricultural estates which shall e distriuted

to them in the manner provided y law.P

#ection 1I. Article E< of the 0onstitution states Phe #tate shall recogni6e, respect

and protect the rights of indigenous cultural communities to preserve and develop

their cultures, traditions, and institutions. t shall consider these rights in the

formulation of national plans and policies.P

e #ection 1I, Article of the 0onstitution provides Phe #tate shall give priority to/='0A@, #0/@0/ and /0B@8(O, A;#, 0'8';/, and #!;# to foster

patriotism and nationalism, accelerate social progress, and promote total human

lieration and development.P

#ection 14, Article E of the 0onstitution reads in part Phe sustained development

of a reservoir of

@A@A8 A8/@# consisting of Dilipino scientists, entrepreneurs, professionals,

managers, high-level technical manpower and s&illed wor&ers and craftsmen shall

e promoted y the #tate, he #tate shall encourage appropriate technology and

regulate ts transfer for the national enet.

#u-section 2, #ection 3. Article E< of the 0onstitution states Phey +/='0A@A8

@#'@# shall inculcate patriotism and nationalism, foster love of humanity,

respect for human rights, appreciation of the role of national heroes in the historical

development of the country, teach the rights and duties of citi6enship, strengthen

ethical and spiritual values, develop moral character and personal discipline,

encourage critical and creative thin&ing, roaden scientic and technological

&nowledge, and promote vocational eKciency.P

#ection 1>. Article E< of the 0onstitution declares P#0/@0/ and /0B@8(O are

essential for national development and progress. he #tate shall give priority toresearch and development, invention, innovation, and their utili6ation5 and to

science and technology education, training, services. t shall support indigenous,

appropriate, and self-reliant scientic and cultural capailities, and their application

to the countryLs productive systems and national life.P

#ection 11, Article E< of the 0onstitution provides Phe 0ongress may provide for

incentives, including AE =/='0@#, to encourage private participation in


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programs of asic and applied scientic research. #cholarships, grants-in-aid or

other forms of ncentives shall e provided to deserving science students,

researchers, scientists, investors, technologists, and specially gifted citi6ens.P

#ection 12, Article E< of the 0onstitution reads he #tate shall regulate the

transfer and promote the adaptation of technology from all sources for the nationalenet. t shall encourage widest participation of private groups, local governments,

and community-ased organi6ations in the generation and utili6ation of science and

technology.P

ransparency5 atters of !ulic nterest +1HH

@o. 3 =oes the 1HI 0onstitution provide for a policy of transparency in matters of

pulic interestJ /xplain.

#'((/#/= A@#"/; Oes, the 1HI 0onstitution provides for a policy of

transparency in matters of pulic interest. #ection 2, Article of the 1HI

0onstitution provides

1 P#u$ect to reasonale conditions prescried y law, the #tate adopts and

implements a policy of full disclosure of all its transactions involving pulic interest,P

2 #ection I, Article of the 1HI 0onstitution states Phe right of the people to

information on matters of pulic concern shall e recogni6ed, Access to oKcial

records, and to documents, and papers pertaining to oKcial acts, transactions, or

decisions, as well as to government research data used as asis for policy

development, shall e a7orded the citi6en, su$ect to such limitations as may e

provided y law.P

3 #ection 2>, Article


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2 As held in , De. 13, 1HH, these provisions

on pulic disclosures are intended to enhance the role of the citi6enry in

governmental decision-ma&ing as well as in chec&ing ause in government.

ransparency5 atters of !ulic nterest +2>>>

@o . Article


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Z@ote he examinee should e given full credit if he gives any three of the aove-

mentioned provisions.Y

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