1.
) Can a charismatic and effective 30-year-old former mayor of a
chartered city in Metro Manila legally run for president of the Republic
of the Philippines in the 2025 elections? Explain briefly. (POLITICAL
LAW)
Answer:
No, a charismatic and effective 30-year old former mayor of a
chartered city in Manila cannot legally run for president.
Under the 1987 Constitution, a person intending to run for presidency
must possess the following qualifications:
a. Must be a natural born Filipino citizen;
b. Must be a registered voter;
c. must be at least forty years of age at the day of the election; and
d. must be a resident of the Philippines for the past 10 years immediately
preceding the day of the election.
In the case at bar, the charismatic and effective mayor is 30 years old
while the law requires that he must be at least forty years old at the day of
the election. Hence, he may not be able to run for presidenct of the Republic
of the Philippines in the 2025 elections.
2.) The Senate approved on third reading the Divorce Law of 2023. The
Couples for Forever, a Christian-based organization, filed a Petition for
Certiorari before the Supreme Court. It challenged the constitutionality
of the proposed Divorce Law of 2023. Will the petition prosper? Why?
(POLITICAL LAW)
Answer:
No, the petition will not prosper.
It is a well-settled principle that a bill, having no force and effect,
cannot be questioned by any person unless it will be passed into law.
Furthermore, a petition for certiorari filed before the Supreme Court will be
dismissed under the principle of Separation of Powers. The judiciary cannot
interfere with the legislative act of the congress.
Here, the Couples for Forever, a Christian-based organization filed
before the Supreme Court a Petition for Certiorari for the alleged
constitutionality of the proposed Divorced Law of 2023. The bill being not yet
passed by Congress and signed by the President do not have any force and
effect. It’s existence cannot yet be questioned since it is not a law.
Hence, the Petition for Certiorari filed before the Supreme Court will
not prosper for lack of cause of action.
3.) The articles of incorporation of Dakila Incorporated (DI) provides for a
seven-member Board of Directors. Florante, the chairperson of the Board,
resigned barely two months into office while Laura, another director, died in
a vehicular accident on her sixth month in office, thereby leaving only five
members in the Board. The one-year term of office of the remaining directors
had just ended without an annual stockholders’ meeting being held since
Laura was actually the majority stockholder of DI and her estate was still
being settled. May the remaining five directors, acting as the Board, fill in the
vacancies in the Board? Explain your answer. (COMMERCIAL LAW)
Answer:
Yes, the remaining five directors, acting as the Board, may fill in the
vacancies in the Board.
Section 29 of the Corporsation Code provides that a vacancy occurring
in the board of directors other than removal by the stockholders or members
or by expiration of term, may be filled by the votes of at least a majority of
the remaining directors or trustees, if still constituting a quorum.
In the present case, two of the seven board of directors died and
resigned, leaving their position in the board vacant. Applying Article 29 of
the Corporation Code, the remaining five directors, acting as a board, may fill
in the vacancies since they constitute a quorum.
Therefore, the remaining five directors, acting as the Board, may fill in
the vacancies in the Board.
