bar questions - poli

7/25/2019 Bar Questions - Poli

http://slidepdf.com/reader/full/bar-questions-poli 1/105

POLITICAL AND PUBLIC INTERNATIONAL LAW

BAR EXAMINATION 2006

- I -

1. What do you mean by the "Calling-out Power" of the President under Section 18, rticle !II

of the Constitution #$

%. &n 'ebruary %(, %))*, President +loria acaagal-rroyo issued Proclamation o.1)1/

declaring a state of national emergency. Is this Proclamation constitutional 0lain. %.#$

2. 3uring the effecti4ity of this Proclamation, +ener, 5ito, and 6ong were arrested by the olice

for acts of terrorism. Is the arrest legal 0lain. %.#$

- II -

7he Samahan g ga ahihira S9 filed with the &ffice of the City ayor" of anila an

alication for a ermit to hold a rally on endiola Street on Setember #, %))* from 1):)) a.m. to

2:)) .m. to rotest the olitical ;illings of <ournalists. =owe4er, the City ayor denied their

alication on the ground that a rally at the time and lace alied for will bloc; the traffic in the San

iguel and >uiao 3istricts. =e suggested the 5iwasang 6onifacio, which has been designated a

'reedom Par;, as 4enue for the rally.

1. 3oes the S ha4e a remedy to contest the denial of its alication for a ermit %.#$

%. =ow should a wage distortion be settled

2. 3oes the a4ailability of a 'reedom Par; <ustify the denial of S?s alication for a ermit

%.#$

(. ssuming that desite the denial of S?s alication for a ermit, its members hold a rally,

romting the olice to arrest them. ?- re the arrests without <udicial warrants lawful %.#$

- III -

7he President issued Proclamation o.1)18 lacing the Philiines under artial 5aw on the ground

that a rebellion staged by lawless elements is endangering the ublic safety .Pursuant to the

Proclamation, susected rebels were arrested and detained and military tribunals were set u to trythem. @obert dela CruA, a citiAen, filed with the Sureme Court a etition Buestioning the 4alidity of

Proclamation o.1)18.

1. 3oes @obert ha4e a standing to challenge Proclamation o.1)18 0lain. %.#$

%. In the same suit, the Solicitor +eneral contends that under the Constitution, the President as

Commander-in-Chief, determines whether the eigency has arisen reBuiring the eercise of



his ower to declare artial 5aw and that his determination is conclusi4e uon the courts.

=ow should the Sureme Court rule %.#$

2. 7he Solicitor +eneral argues that, in any e4ent, the determination of whether the rebellion

oses dangers to ublic safety in4ol4es a Buestion of fact and the Sureme Court is not a

trier of facts. What should be the ruling of the Court %.#$

(. 'inally, the Solicitor +eneral maintains that the President reorted to Congress such

roclamation of artial 5aw, but Congress did not re4o;e the roclamation. What is the

effect of the inaction of Congress on the suit brought by @obert to the Sureme Court %.#$

- I! -

State whether or not the following laws are constitutional. 0lain briefly.

1. law rohibiting Chinese citiAens from engaging in retail trade. %$

%. law denying ersons charged with crimes unishable by reclusion perpetua or death the

right to bail. %$

2. law fiing the terms of local electi4e officials, other than barangay officials, to * years. %$

(. law changing the design of the Philiine flag. %$

#. law creating a state cororation to eloit, de4elo, and utiliAe comressed natural gas. %$

- ! -

1. What is the function of the Senate 0lectoral 7ribunal and the =ouse of @eresentati4es

0lectoral 7ribunal %.#$

%. What is the comosition of each %.#$

2. 3ifferentiate an election rotest from an action for Buo warranto. %.#$

(. What is a Buasi-<udicial body or agency %.#$

- !I -

1. a9 What is the rincial identifying feature of a residential form of go4ernment 0lain.

%.#$

b9 What are the essential characteristics of a arliamentary form of go4ernment %.#$

%. What Constitutional ro4isions institutionaliAe the rincile of ci4ilian suremacy %.#$



2. 3oes a Permit to Carry 'irearm &utside @esidence P7C'&@9 constitute a roerty right

rotected by the Constitution %.#$

- !II -

Select the best answer and elain.

1. n accused?s right against self-incrimination is 4iolated in the following cases: #$

a. When he is ordered by the trial court to undergo a araffin test to ro4e he is guilty of

murder

b. When he is comelled to roduce his ban;boo;s to be used as e4idence against his

father charged with lunder

c. When he is ordered to roduce a samle of his handwriting to be used as e4idence

that he is the author of a letter wherein he agreed to ;ill the 4ictim

d. When the resident of a cororation is suboenaed to roduce certain documents as

roofs he is guilty of illegal recruitment.

%. 7he legislature may abolish this body: #$

a. Commission on ointments

b. &mbudsman

c. Dudicial and 6ar Council

d. Court of 7a eals

e. Commission on udit

- !III -

1. tty. 0mily +o, a legitimate daughter of a Chinese father and a 'iliino mother, was born in

1E(#. t %1, she elected Philiine citiAenshi and studied law. She assed the bar

eaminations and engaged in ri4ate ractice for many years. 7he Dudicial and 6ar Council

nominated her as a candidate for the osition of ssociate Dustice of the Sureme Court. 6uther nomination is being contested by tty .Duris Castillo, also an asirant to the osition. She

claims that tty. 0mily +o is not a natural-born citiAen, hence, not Bualified to be aointed to

the Sureme Court. Is this contention correct #$

%. tty. @ichard Chua was born in 1E*(. =e is a legitimate son of a Chinese father and a

'iliino mother. =is father became a naturaliAed 'iliino citiAen when tty .Chua was still a

minor . 04entually, he studied law and was allowed by the Sureme Court to ta;e the bar



eaminations, sub<ect to his submission to the Sureme Court roof of his Philiine

citiAenshi. lthough he ne4er comlied with such reBuirement, tty. Chua racticed law for

many years until one oel 0ugenio filed with the Sureme Court a comlaint for disbarment

against him on the ground that he is not a 'iliino citiAen. =e then filed with the 6ureau of

Immigration an affida4it electing Philiine citiAenshi. oel contested it claiming it was filed

many years after tty. Chua reached the age of ma<ority. Will tty. Chua be disbarred0lain. #$

- IF -

1. Where is the seat of the International Court of Dustice 1$

%. =ow many are its members 1 $

2. What is the term of their office 1 $

(. Who is its incumbent resident 1 $

#. What is hisGher nationality 1 $

*. In 1E8), the Hnited States filed with the International Court of Dustice a comlaint against

Iran alleging that the latter is detaining merican dilomats in 4iolation of International 5aw.

0lain how the International Court of Dustice can acBuire <urisdiction o4er these contending

countries. #$

- F -

1. =ow is state so4ereignty defined in International 5aw %.#$

%. Is state so4ereignty absolute %.#$

2. What is the rincile of auto-limitation %.#$

(. What is the relationshi between recirocity and the rincile of auto-limitation %.#$


- I -1) P&I7S9

7rue or 'alse. 6riefly elain your answer.

a. 'or uroses of communication and instruction the official languages of the Philiines, until

otherwise ro4ided by law, are 'iliino and 0nglish.



b. 7he 1E8/ Constitution has increased the scoe of academic freedom recogniAed under the

re4ious Constitution.

- II -

1) P&I7S9

7he City ayor issues an 0ecuti4e &rder declaring that the city romotes resonsible arenthood

and uholds natural family lanning. =e rohibits all hositals oerated by the city from rescribing

the use of artificial methods of contracetion, including condoms, ills, intrauterine de4ices and

surgical steriliAation. s a result, oor women in his city lost their access to affordable family

lanning rograms. Pri4ate clinics howe4er, continue to render family lanning counsel and de4ices

to aying clients.

a. Is the 0ecuti4e &rder in any way constitutionally infirm 0lain.

b. Is the Philiines in breach of any obligation under international law 0lain.

c. ay the Commission on =uman @ights order the ayor to sto the imlementation of the

0ecuti4e &rder 0lain.

- III -

1) P&I7S9

5awrence is a 'iliino comuter eert based in anila who in4ented a 4irus that destroys all the

files stored in a comuter. ssume that in ay %))#, this 4irus sread all o4er the world and caused

J#) million in damage to roerty in the Hnited States, and that in Dune %))#, he was criminally

charged before Hnited States courts under their anti-hac;er law. ssume that in Duly %))#, the

Philiines adoted its own anti-hac;er law, to strengthen eisting sanctions already ro4idedagainst damage to roerty. 7he Hnited States has reBuested the Philiines to etradite him to HS

courts under the @P-HS 0tradition 7reaty.

a. Is the Philiines under an obligation to etradite 5awrence State the alicable rule and its

rationale.

b. ssume that the etradition reBuest was made after the Philiines adoted its anti-hac;er

legislation. Will that change your answer

- I! -

1) P&I7S9

In 1EE2, historians confirmed that during World War II, "comfort women" were forced into ser4ing the

Daanese military. 7hese women were either abducted or lured by false romises of <obs as coo;s or

waitresses, and e4entually forced against their will to ha4e se with Daanese soldiers on a daily

basis during the course of the war, and often suffered from se4ere beatings and 4enereal diseases.

7he Daanese go4ernment contends that the "comfort stations" were run as "onsite military brothels"



or rostitution houses9 by ri4ate oerators, and not by the Daanese military. 7here were many

'iliina "comfort women."

a. ame at least one basic rincile or norm of international humanitarian law that was 4iolated

by the Daanese military in the treatment of the "comfort women."

b. 7he sur4i4ing 'iliina "comfort women" demand that the Daanese go4ernment aologiAe

and ay them comensation. =owe4er, under the 1E#1 San 'rancisco Peace greement

-the legal instrument that ended the state of war between Daan and the llied 'orces -all

the in<ured states, including the Philiines, recei4ed war rearations and, in return, wai4ed

all claims against Daan arising from the war. Is that a 4alid defense

c. 7he sur4i4ing 'iliina "comfort women" sue the Daanese go4ernment for damages before

Philiine courts. Will that case roser

- ! -

1) P&I7S9

7he 3estilleria 'elie Segundo is famous for its 1#-year old rum, which it has roduced and

mar;eted successfully for the ast /) years. Its latest commercial ad4ertisement uses the line:

"a;ali;im ;a na ba ng ;inse anyos" !ery soon, acti4ist grous romoting women?s and children?s

rights were u in arms against the ad4ertisement.

a. ll ad4ertising comanies in the Philiines ha4e formed an association, the Philiine

d4ertising Council, and ha4e agreed to abide by all the ethicalguidelines and decisions by

the Council. In resonse to the rotests, the Council orders the ull-out of the ";inse anyos"

ad4ertising camaign. Can 3estilleria 'elie Segundo claim that its constitutional rights are

thus infringed

b. &ne of the militant grous, the maAing maAonas, call on all go4ernment-owned and

controlled cororations +&CC9 to boycott any newsaer, radio or 7! station that carries

the ";inse anyos" ad4ertisements. 7hey call on all go4ernment nominees in seBuestered

cororations to bloc; any ad4ertising funds allocated for any such newsaer, radio or 7!

station. Can the +&CCs and seBuestered cororations 4alidly comly

- !I -

1) P&I7S9

7rue or 'alse. 6riefly elain your answer.

a. n amendment to the Constitution shall be 4alid uon a 4ote of three-fourths of all the

embers of the Congress.

b. ll ublic officers and emloyees shall ta;e an oath to uhold and defend the Constitution .



- !II -

1) P&I7S9

6atas Pambansa 88), the Public ssembly 5aw of 1E8#, regulates the conduct of all rotest rallies

in the Philiines.

a. Sala;ay, 6ayan held a rotest rally and lanned to march from >ueAon City to 5uneta in

anila. 7hey recei4ed a ermit from the ayor of >ueAon City, but not from the ayor of

anila. 7hey were able to march in >ueAon City and u to the boundary searating it from

the City of anila. 7hree meters after crossing the boundary, the anila Police stoed them

for osing a danger to ub=c safety. Was this a 4alid eercise of olice ower

b. 7he security olice of the Southern 5uAon 0ressway sotted a cara4an of %) 4ehicles, with

aer banners taed on their sides and rotesting graft and corrution in go4ernment. 7hey

were dri4ing at #) ;ilometers er hour in a ()-E) ;ilometers er hour Aone. Some banners

had been blown off by the wind, and osed a haAard to other motorists. 7hey were stoed

by the security olice. 7he rotesters then roceeded to march instead, sandwiched betweenthe cara4an 4ehicles. 7hey were also stoed by the security force. ay the security olice

4alidly sto the 4ehicles and the marchers

- !III -

1) P&I7S9

7he Pro4incial +o4ernor of 6ataan reBuested the 3eartment of 6udget and anagement 369 to

release its Internal @e4enue llocation I@9 of P1)) million for the current budget year. =owe4er,

the +eneral roriations ct ro4ided that the I@ may be released on Iy if the ro4ince meets

certain conditions as determined by an &4ersight Council created by the President.

a. Is this reBuirement 4alid

b. 7he Pro4incial +o4ernor is a arty-mate of the President. ay the 6ataan @eresentati4e

instead file a etition to comel the 36 to release the funds

- IF -

1) P&I7S9

7he 3eartment of 0ducation 3e0d9 reBuires that any school alying for a tuition fee increase

must, as a condition for the increase, offer full tuition scholarshis to students from low-income

families. 7he Sagrada 'amilia 0lementary School is a Catholic school and has alied for a tuitionfee increase. Hnder this regulation by the 3e0d, it will end u gi4ing tuition scholarshis to a total of

%1 students net year. t a cost of P#),&&& er student, the school will lose a total of P1.)# million

for net year.

a. Is this 3e0d reBuirement 4alid



b. If instead the 3e0d reBuires a full tuition scholarshi for the highest ran;ing students in

each grade, determined solely on the basis of academic grades and ran;, will the 3e0d

reBuirement be 4alid

- F -

1) P&I7S9

7he Sureme Court has ro4ided a formula for allocating seats for arty-list reresentati4es.

a. 7he twenty percent allocation - the combined number of all arty-Iist congressmen shall not

eceed twenty ercent of the total membershi of the =ouse of @eresentati4es, including

those elected under the arty list

b. 7he two percent threshold - only those arties garnering a minimum of two ercent of the

total 4alid 4otes cast for the arty-list system are "Bualified" to ha4e a seat in the =ouse of

@eresentati4es

c. 7he three-seat limit - each Bualified arty, regardless of the number of 4otes it actually

obtained, is entitled to a maimum of three seats that is, one "Bualifying" and two additional

seats and

d. 7he first-party rule - additional seats which a Bualified arty is entitled to shall be determined

in relation to the total number of 4otes garnered by the arty with the highest number of

4otes.

'or each of these rules, state the constitutional or legal basis, if any, and the urose.


- I -

a. 7he legal yardstic; in determining whether usage has become customary international law is

eressed in the maim opinio juris sive necessitatis or oinio juris for short. What does the

maim mean 2$9

b. Hnder international law, differentiate "hard law" from "soft law".2$9

- II -

ay a treaty 4iolate international law If your answer is in the affirmati4e, elain when such may

haen. If your answer is in the negati4e, elain why. #$9

- III -



7he President alone without the concurrence of the Senate abrogated a treaty. ssume that the

other country-arty to the treaty is agreeable to the abrogation ro4ided it comlies with the

Philiine Constitution. If a case in4ol4ing the 4alidity of the treaty abrogation is brought to the

Sureme Court, how should it be resol4ed *$9

- I! -

Congress assed a law authoriAing the ational =ousing uthority =9 to eroriate or acBuire

ri4ate roerty for the rede4eloment of slum areas, as well as to lease or resell the roerty to

ri4ate de4eloers to carry out the rede4eloment lan. Pursuant to the law, the = acBuired all

roerties within a targeted badly blighted area in San icolas, anila ecet a well-maintained drug

and con4enience store that oses no blight or health roblem itself. 7hereafter, = sold all the

roerties it has thus far acBuired to a ri4ate realty comany for rede4eloment. 7hus, the =

initiated eroriation roceedings against the store owner who rotested that his roerty could not

be ta;en because it is not residential or slum housing. =e also contended that his roerty is being

condemned for a ri4ate urose, not a ublic one, noting the =Ks sale of the entire area ecet

his roerty to a ri4ate arty. If you were the <udge, how would you decide the case *$9

- ! -

=a4ing recei4ed tis the accused was selling narcotics, two olice officers forced oen the door of

his room. 'inding him sitting artly dressed on the side of the bed, the officers sied two casules on

a night stand beside the bed. When as;ed, " re these yours", the accused seiAed the casules

and ut them in his mouth. struggle ensued, in the course of which the officer ounced on the

accused, too; him to a hosital where at their direction, a doctor forced an emetic solution though a

tube into the accused?s stomach against his will. 7his rocess induced 4omiting. In the 4omited

matter were found two casules which ro4ed to contain heroin. In the criminal case, the chief

e4idence against the accused was the two casules.

a. s counsel for the accused, what constitutional rights will you in4o;e in his defense ($9

b. =ow should the court decide the case 2$9

- !I -

7he Philiine ational Police PP9 issued a circular to all its members directed at the style and

length of male olice officers? hair, sideburns and moustaches, as well as the siAe of their waistlines.

It rohibits beards, goatees and waistlines o4er 28 inches, ecet for medical reason. Some olice

officers Buestioned the 4alidity of the circular, claiming that it 4iolated their right to liberty under theConstitution. @esol4e the contro4ersy. *$9

- !II -

DC, a ma<or in the rmed 'orces of tLhe Philiine, is facing rosecution before the @egional 7rial

Court of >ueAon City for the murder of his neighbor whom he susected to ha4e molested his DC?s9

1#-year old daughter.



a. Is DC entitled to bail Why or why not 2$9

b. ssume that uon being arraigned, DC entered a lea of guilty and was allowed to resent

e4idence to ro4e mitigating circumstances. DC then testified to the effect that he stabbled

the deceased in self-defense beacause the latter was strangling him and that he 4oluntarily

surrendered to the authorities. SubseBuently, the trial court rendered a decision acBuittal4iolate DC?s right against double <eoardy Why or why noy 2$9

- !III -

S7, a @egional 7rial Court <udge who falsified his Certificate of Ser4ice, was found liable by the

Sureme Court for serious misconduct and inefficiency, and meted the enalty of susension form

office for * months. SubseBuently, S7 filed a etition for eecuti4e clemency with the &ffice of the

President. 7he 0ecuti4e Secretary, acting on said etition issued a resolution granting S7 eecuti4e

clemency. Is the grant of eecuti4e clemency 4alid Why or why not *$9

- IF -

bdul ran and won in the ay %))1, %))( and %))/ elections for !ice-+o4ernor of 7awi-7awi. fter

being roclaimed !ice-+o4ernor in the %))( elections, his oonent, Mhalil, filed an election rotest

before the Commission on 0lection. @uling with finalty on the rotest, the C&050C declared Mhalil

as the duly elected !ice-+o4ernor though the decision was romulgated only in %))/, when bdul

had fully ser4ed his %))(-%))/ term and was in fact already on his %))/-%)1) term as !ice

+o4ernor.

a. bdul now consults you if the can still run for !ice-+o4ernor of 7awi-7awi in the forthcoming

ay %)1) election on the remise that he could not be considered as ha4ing ser4ed as !ice-

+o4ernor from %))(-%))/ because he was not duly elected to the ost, as he assumedoffice merely as a resumti4e winner and that resumtion was later o4erturned when

C&050C decided with finality that had lost in the ay %))( elections. What will be your

ad4ice 2$9

b. bdul also consults you whether his olitical arty can 4alidly nominate his wife as subtitute

candidate for !ice-ayor of 7awi-7awi in ay %)1) elections in case the C&050C

disBualifies him and denies due course to or cancels his certificate of candidacy in 4iew of a

false material reresentation therein.What will be your ad4ice 2$9

- F -

7he 1st 5egislati4e 3istrict of South Cotabato is comosed of +eneral Santos and three

municialities including Polomolo;. 3uring the can4assing roceedings before the 3istrict 6oard of

Can4assers in connection with the %))/ congressional election, candidate P ob<ected to the

certificate f can4ass for Polomolo; on the ground that it was ob4iously manufactured, submitting as

e4idence the affida4it of a mayoralty candidate of Polomolo;. 7he certificate of can4ass for +eneral

Santos was li;ewise ob<ected to by P on the basis of the confirmed reort of the local '@05

that 1) election returns from non-eistent recincts were included in the certificate. P mo4ed that



the certificate of can4ass for +eneral Santos be corrected to eclude the the result from the non-

eistent recincts. 7he 3istrict 6oard of Can4assers denied both ob<ections and ruled to include the

certificate of can4ass. ay P aeal the rulings to the C&050C 0lain. *$9

- FI -

&n ugust 8, %))8 the +o4ernor of 6ohol died and !ice-+o4ernor Cesar succeeded him by

oeration of law. ccordingly, 6enito, the highest ran;ing member of the Sangguniang Panlalawigan

was ele4ated to the osition of !ice-+o4ernor. 6y the ele4ation of 6enito to the office of !ice-

+o4ernor, a 4acancy in the Sangguniang Panlalawigan was created.

=ow should the 4acancy be filed 2$9

- FII -

7he ayor of San Dose City aointed his wife, melia, as City 7reasurer from among tree 29

emloyees f the city considered for the said osition. Prior to said romotion, melia had been an ssistant City 7reasurer for ten 1)9 years, that is, e4en before she married the City ayor. Should

the Ci4il Ser4ice Commission aro4e the romotional aointment of melia Why or why not

*$9

- FIII -

Congress enacted a law establishing the right to trial by <ury of an accused charged with a felony or

offense unishable with reclusion eretua or life imrisonment. 7he law ro4ides for the

Bualification of rosecti4e <ury member, the guidelines to be obser4ed by the <udge and the lawyers

in <ury selection including the grounds for challenging the selection of <ury member, and tLhe

methodology for <ury deliberations. Is the law constitutional 0lain fully. /$9

- FI! -

In 1E*2, congress assed a law creating a go4ernment-owned cororation named anila War

emorial Commission WC9, with the rimary function of o4erseeing the construction of a

massi4e memorial in the heart of anila to commemorate 4ictim of the 1E(# 6attle of anila

7he WC charter ro4ided an initial aroriation of P1,))),))), emowered the cororation to

raise funds in its own name, and set aside a arcel of land in alate for the memorial site. 7he

charter set the cororate life of WC at #) years with a ro4iso that Congress may not abolish

WC until after the comletion of the memorial.

'orty-fi4e (#9 years later, the memorial was only 1G2 comlete and the memorial site itself had long

been o4errun by Buatters. Congress enacted a law abolishing the WC and reBuiring that the

funds raised by it be remitted to the ational 7reasury. 7he WC challenged the 4alidity of the law,

arguing that under its charter its mandate is to comlete the memorial no matter how long it ta;es.

3ecide with reason. *$9



- F! -

7he rincial of Daena =igh School, a ublic school wrote a letter to the arents and guardians of all

the school?s uils, informing them that the school was willing to ro4ide religious instruction to its

Catholic students during class hours, through a Catholic riest. =owe4er, students who wished to

a4ail of such religious instruction needed to secure the consent of their arents and guardians inwriting.

a. 3oes the offer 4iolate the constitutional rohibition againts the establishment of religion

2$9

b. the arents of e4angelical Christian students, uon learning of the offer, demanded that they

too be entitled to ha4e their children instructed in their own religious faith during class hours.

7he rincial, a de4out Catholic, re<ected the reBuest. s counsel for the arents of the

e4angelical students, how would you argue in suort of their osition 2$9

- F!I -

ationwide rotest ha4e eruted o4er rising gas rices, including disruti4e demonstrations in many

uni4ersities throughout the country. 7he etro anila State Hni4ersity, a ublic uni4ersity, adoted a

uni4ersity-wide circular rohibiting ublic mass demonstrations and rallies within the camus.

&ffended by the circular,militant students sread word that on the following 'riday, all students were

to wear blac; 7-shirt as a symbols of their rotest both against high gas rices and the uni4ersity ban

on demonstrations. 7he effort was only moderately successful, with around 2)$ of the students

heeding the call. onetheless, uni4ersity officials were outraged and comelled the students leaders

to elain why they should not be eelled for 4iolating the circular against demonstrations.

7he student leaders aroached you for legal ad4ice. 7hey contended that they should not beeelled since they did not 4iolate the circular, their rotest action being neither a demonstrator nor a

rally since all they did was wear blac; 7-shirts. What would you ad4ise the students *$9

- F!II -

s a reaction to the rice shortage and the dearth of mining engineers. Congress assed a law

reBuiring graduates of ublic science high school henceforth to ta;e u agriculture or mining

engineering as their college course. Se4eral students rotested, in4o;ing their freedom to choose

their rofession. Is the law constitutional *$9


PART I

I



TRUE or FALSE. nswer 7@H0 if the statement is true, or '5S0 if the statement is false. 0lainyour answer in not more than two %9 sentences. #$9

a. law ma;ing "6ayan Mo" the new national anthem of the Philiines, in lieu of "5uang=inirang," is constitutional.

b. Hnder the archipelago doctrine, the waters around, between, and connecting the islands ofthe archielago form art of the territorial sea of the archielagic state.

c. law that ma;es military ser4ice for women merely 4oluntary is constitutional.

d. law fiing the assing grade in the 6ar eaminations at /)$, with no grade lower than ()$in any sub<ect, is constitutional.

e. n educational institution 1))$ foreign-owned may be 4alidly established in the Philiines.

II

3esite lingering Buestions about his 'iliino citiAenshi and his one-year residence in the district,+abriel filed his certificate of candidacy for congressman before the deadline set by law. =isoonent, !ito, hires you as lawyer to contest +abriel?s candidacy.

a. 6efore election day, what action or actions will you institute against +abriel, and beforewhich court, commission or tribunal will you file such actionGs @easons. %$9

b. If, during the endency of such actionGs but before election day, +abriel withdraws hiscertificate of candidacy, can he be substituted as candidate If so, by whom and why If not,why not %$9

c. If the actionGs instituted should be dismissed with finality before the election, and +abriel

assumes office after being roclaimed the winner in the election, can the issue of hiscandidacy andGor citiAenshi and residence still be Buestioned If so, what action or actionsmay be filed and where If not, why not %$9

III

7he uniciality of 6ulala;aw, 5eyte, assed &rdinance o. 1%2(, authoriAing the eroriation oftwo arcels of land situated in the oblacion as the site of a freedom ar;, and aroriating thefunds needed therefor. Hon re4iew, the NSangguniang Panlalawigan of 5eyte disaro4ed theordinance because the municiality has an eisting freedom ar; which, though smaller in siAe, isstill suitable for the urose, and to ursue eroriation would be needless eenditure of theeole?s money. Is the disaro4al of the ordinance correct 0lain your answer. %$9

IV

7he uniciality of Pinatu;dao is sued for damages arising from in<uries sustained by a edestrianwho was hit by a glass ane that fell from a dilaidated window frame of the municial hall. 7hemuniciality files a motion to dismiss the comlaint, in4o;ing state immunity from suit. @esol4e themotion with reasons. 2$9

V



7o address the er4asi4e roblem of gambling, Congress is considering the following otions: 19rohibit all forms of gambling %9 allow gambling only on Sundays 29 allow gambling only ingo4ernment-owned casinos and (9 remo4e all rohibitions against gambling but imose a taeBui4alent to 2)$ on all winnings.

a. If Congress chooses the first otion and asses the corresonding law absolutely rohibiting

all forms of gambling, can the law be 4alidly attac;ed on the ground that it is an in4alideercise of olice ower 0lain your answer. %$9

b. If Congress chooses the last otion and asses the corresonding law imosing a 2)$ taon all winnings and riAes won from gambling, would the law comly with the constitutionallimitations on the eercise of the ower of taation 0lain your answer. %$9

VI

In a criminal rosecution for murder, the rosecution resented, as witness, an emloyee of theanila =otel who roduced in court a 4ideotae recording showing the heated echange betweenthe accused and the 4ictim that too; lace at the lobby of the hotel barely 2) minutes before the

;illing. 7he accused ob<ects to the admission of the 4ideotae recording on the ground that it wasta;en without his ;nowledge or consent, in 4iolation of his right to ri4acy and the nti-Wire 7ainglaw. @esol4e the ob<ection with reasons. 2$9

VII

Crac; agents of the anila Police nti-arcotics Hnit were on sur4eillance of a cemetery where thesale and use of rohibited drugs were rumored to be ramant. 7he team saw a man with reddishand glassy eyes wal;ing unsteadily towards them, but he immediately 4eered away uon seeing theolicemen. 7he team aroached the man, introduced themsel4es as eace officers, then as;edwhat he had in his clenched fist. 6ecause the man refused to answer, a oliceman ried the fistoen and saw a lastic sachet filled with crystalline substance. 7he team then too; the man into

custody and submitted the contents of the sachet to forensic eamination. 7he crystalline substancein the sachet turned out to be shabu. 7he man was accordingly charged in court.

3uring the trial, the accused:

a. challenged the 4alidity of his arrest %$9 and

b. ob<ected to the admission in e4idence of the rohibited drug, claiming that it was obtained inan illegal search and seiAure. %$9

3ecide with reasons.

VIII

Congressman onoy deli4ered a ri4ilege seech charging the Intercontinental Hni4ersal 6an;IH69 with the sale of unregistered foreign securities, in 4iolation of @.. 8/EE. =e then filed, and the=ouse of @eresentati4es unanimously aro4ed, a @esolution directing the =ouse Committee on+ood +o4ernment =C++9 to conduct an inBuiry on the matter, in aid of legislation, in order tore4ent the recurrence of any similar fraudulent acti4ity.



7he =C++ immediately scheduled a hearing and in4ited the resonsible officials of IH6, theChairman and Commissioners of the Securities and 0change Commission S0C9, and the+o4ernor of the 6ang;o Sentral ng Piliinas 6SP9. &n the date set for the hearing, only the S0CCommissioners aeared, romting Congressman onoy to mo4e for the issuance of thearoriate subpoena ad testificandum to comel the attendance of the in4ited resource ersons.

7he IH6 officials filed suit to rohibit =C++ from roceeding with the inBuiry and to Buashthe subpoena, raising the following arguments:

a. 7he sub<ect of the legislati4e in4estigation is also the sub<ect of criminal and ci4il actionsending before the courts and the rosecutor?s office thus, the legislati4e inBuiry wouldreemt <udicial action 2$9 and

b. Comelling the IH6 officials, who are also resondents in the criminal and ci4il cases incourt, to testify at the inBuiry would 4iolate their constitutional right against self-incrimination. 2$9

re the foregoing arguments tenable @easons.

c. ay the +o4ernor of the 6SP 4alidly in4o;e eecuti4e ri4ilege and, thus, refuse to attendthe legislati4e inBuiry Why or why not 2$9

IX

Warlito, a natural-born 'iliino, too; u ermanent residence in the Hnited States, and e4entuallyacBuired merican citiAenshi. =e then married Shirley, an merican, and sired three children. In

ugust %))E, Warlito decided to 4isit the Philiines with his wife and children: Dohnny, %2 years ofage Warlito, Dr., %) and 5uisa, 1/.

While in the Philiines, a friend informed him that he could reacBuire Philiine citiAenshi without

necessarily losing H.S. nationality. 7hus, he too; the oath of allegiance reBuired under @.. E%%#.

a. =a4ing reacBuired Philiine citiAenshi, is Warlito a natural-born or a naturaliAed 'iliinocitiAen today 0lain your answer. 2$9

b. With Warlito ha4ing regained Philiine citiAenshi, will Shirley also become a 'iliinocitiAen If so, why If not, what would be the most seedy rocedure for Shirley to acBuirePhiliine citiAenshi 0lain. 2$9

c. 3o the children --- Dohnny, Warlito Dr., and 5uisa --- become 'iliino citiAens with theirfather?s reacBuisition of Philiine citiAenshi 0lain your answer. 2$9

X

aimino, an emloyee of the 3eartment of 0ducation, is administrati4ely charged with dishonestyand gross misconduct. 3uring the formal in4estigation of the charges, the Secretary of 0ducationre4enti4ely susended him for a eriod of sity *)9 days. &n the *)th day of the re4enti4esusension, the Secretary rendered a 4erdict, finding aimino guilty, and ordered his immediatedismissal from the ser4ice.



aimino aealed to the Ci4il Ser4ice Commission CSC9, which affirmed the Secretary?s decision.aimino then ele4ated the matter to the Court of eals C9. 7he C re4ersed the CSC decision,eonerating aimino. 7he Secretary of 0ducation then etitions the Sureme Court SC9 for there4iew of the C decision.

a. Is the Secretary of 0ducation a roer arty to see; the re4iew of the C decision

eonerating aimino @easons. %$9

b. If the SC affirms the C decision, is aimino entitled to reco4er bac; salariescorresonding to the entire eriod he was out of the ser4ice 0lain your answer. 2$9

PART II

XI

TRUE or FALSE. nswer 7@H0 if the statement is true, or '5S0 if the statement is false. 0lainyour answer in not more than two %9 sentences. #$9

a. liens are absolutely rohibited from owning ri4ate lands in the Philiines.

b. de facto ublic officer is, by right, entitled to recei4e the salaries and emoluments attachedto the ublic office he holds.

c. 7he President eercises the ower of control o4er all eecuti4e deartments and agencies,including go4ernment-owned or controlled cororations.

d. 3ecisions of the &mbudsman imosing enalties in administrati4e discilinary cases aremerely recommendatory.

e. 3ual citiAenshi is not the same as dual allegiance.

XII

William, a ri4ate merican citiAen, a uni4ersity graduate and freBuent 4isitor to the Philiines, wasinside the H.S. embassy when he got into a heated argument with a ri4ate 'iliino citiAen. 7hen, infront of many shoc;ed witnesses, he ;illed the erson he was arguing with. 7he olice came, andbrought him to the nearest olice station. Hon reaching the station, the olice in4estigator, in halting0nglish, informed William of his iranda rights, and assigned him an indeendent local counsel.

William refused the ser4ices of the lawyer, and insisted that he be assisted by a 'iliino lawyercurrently based in the H.S. 7he reBuest was denied, and the counsel assigned by the olice stayedfor the duration of the in4estigation.

William rotested his arrest.

a. =e argued that since the incident too; lace inside the H.S. embassy, Philiine courts ha4eno <urisdiction because the H.S. embassy grounds are not art of Philiine territory thus,



technically, no crime under Philiine law was committed. Is William correct 0lain youranswer. 2$9

b. =e also claimed that his iranda rights were 4iolated because he was not gi4en the lawyerof his choice that being an merican, he should ha4e been informed of his rights in roer0nglish and that he should ha4e been informed of his rights as soon as he was ta;en into

custody, not when he was already at the olice station. Was William denied his irandarights Why or why not 2$9

c. If William alies for bail, claiming that he is entitled thereto under the "international standardof <ustice" and that he comes from a H.S. State that has outlawed caital unishment, shouldWilliam be granted bail as a matter of right @easons. 2$9

XIII

terrorist grou called the 0merald 6rigade is based in the State of syaland. 7he go4ernment of syaland does not suort the terrorist grou, but being a oor country, is owerless to sto it.

7he 0merald 6rigade launched an attac; on the Philiines, firing two missiles that ;illed thousandsof 'iliinos. It then warned that more attac;s were forthcoming. 7hrough dilomatic channels, thePhiliines demanded that syaland sto the 0merald 6rigade otherwise, it will do whate4er isnecessary to defend itself.

@ecei4ing reliable intelligence reorts of another imminent attac; by the 0merald 6rigade, and itaearing that syaland was incaable of re4enting the assault, the Philiines sent a crac;commando team to syaland. 7he team stayed only for a few hours in syaland, succeeded in ;illingthe leaders and most of the members of the 0merald 6rigade, then immediately returned to thePhiliines.

a. Was the Philiine action <ustified under the international law rincile of "self-defense"

0lain your answer. 2$9

b. s a conseBuence of the foregoing incident, syaland charges the Philiines with 4iolationof rticle %.( of the Hnited ations Charter that rohibits "the threat or use of force againstthe territorial integrity or olitical indeendence of any State." 7he Philiines counters thatits commando team neither too; any territory nor interfered in the olitical rocesses of

syaland. Which contention is correct @easons. 2$9

c. ssume that the commando team catured a member of the 0merald 6rigade and broughthim bac; to the Philiines. 7he Philiine +o4ernment insists that a secial internationaltribunal should try the terrorist. &n the other hand, the terrorist argues that terrorism is not aninternational crime and, therefore, the municial laws of the Philiines, which recogniAeaccess of the accused to constitutional rights, should aly. 3ecide with reasons. 2$9

XIV

7he Philiine +o4ernment is negotiating a new security treaty with the Hnited States which couldin4ol4e engagement in <oint military oerations of the two countries? armed forces. looseorganiAation of 'iliinos, the Mabataan at atatandang a;abansa M9 wrote the 3eartment of'oreign ffairs 3'9 and the 3eartment of ational 3efense 339 demanding disclosure of thedetails of the negotiations, as well as coies of the minutes of the meetings. 7he 3' and the 33



refused, contending that remature disclosure of the offers and counter-offers between the artiescould <eoardiAe on-going negotiations with another country. M filed suit to comel disclosure ofthe negotiation details, and be granted access to the records of the meetings, in4o;ing theconstitutional right of the eole to information on matters of ublic concern.

a. 3ecide with reasons. 2$9

b. Will your answer be the same if the information sought by M ertains to contracts enteredinto by the +o4ernment in its rorietary or commercial caacity Why or why not 2$9

XV

7he MMM 7ele4ision etwor; MMM-7!9 aired the documentary, "Case 5aw: =ow the Sureme Court3ecides," without obtaining the necessary ermit reBuired by P.3. 1E8*. ConseBuently, the o4ieand 7ele4ision @e4iew and Classification 6oard 7@C69 susended the airing of MMM-7!rograms. 7@C6 declared that under P.3. 1E8*, it has the ower of rior re4iew o4er all tele4isionrograms, ecet "newsreels" and rograms "by the +o4ernment", and the sub<ect documentarydoes not fall under either of these two classes. 7he susension order was ostensibly based on

emorandum Circular o. E8-1/ which grants 7@C6 the authority to issue such an order.

MMM-7! filed a certiorari etition in court, raising the following issues:

a. 7he act of 7@C6 constitutes "rior restraint" and 4iolates the constitutionally guaranteedfreedom of eression 2$9 and

b. While emorandum Circular o. E8-1/ was issued and ublished in a newsaer of generalcirculation, a coy thereof was ne4er filed with the &ffice of the ational @egister of theHni4ersity of the Philiines 5aw Center. %$9

@esol4e the foregoing issues, with reasons.

XVI

a. ngelina, a married woman, is a 3i4ision Chief in the 3eartment of Science and7echnology. She had been li4ing with a married man, not her husband, for the last fifteen1#9 years. dministrati4ely charged with immorality and conduct re<udicial to the bestinterest of the ser4ice, she admits her li4e-in arrangement, but maintains that this con<ugalunderstanding is in conformity with their religious beliefs. s members of the religioussect, Yahweh's Observers, they had eecuted a 3eclaration of Pledging 'aithfulness whichhas been confirmed and blessed by their Council of 0lders. t the formal in4estigation of theadministrati4e case, the +rand 0lder of the sect affirmed ngelina?s testimony and attestedto the sincerity of ngelina and her artner in the rofession of their faith. If you were to

<udge this case, will you eonerate ngelina @easons. 2$9

b. eanwhile, Denny, also a member of Yahweh's Observers, was se4erely disaointed at themanner the +rand 0lder 4alidated what she considered was an ob4iously immoral con<ugalarrangement between ngelina and her artner. Denny filed suit in court, see;ing theremo4al of the +rand 0lder from the religious sect on the ground that his act in suorting

ngelina not only ruined the reutation of their religion, but also 4iolated the constitutionalolicy uholding the sanctity of marriage and the solidarity of the family. Will Denny?s caseroser 0lain your answer. %$9



XVII

'iliinas Comuter Cororation 'CC9, a local manufacturer of comuters and comuter arts, ownsa srawling lant in a #,)))-sBuare meter lot in Pasig City. 7o remedy the city?s acute housingshortage, comounded by a burgeoning oulation, the Sangguniang Panglungsod authoriAed theCity ayor to negotiate for the urchase of the lot. 7he Sanggunian intends to subdi4ide the roerty

into small residential lots to be distributed at cost to Bualified city residents. 6ut 'CC refused to sellthe lot. =ard ressed to find a suitable roerty to house its homeless residents, the City filed acomlaint for eminent domain against 'CC.

a. If 'CC hires you as lawyer, what defense or defenses would you set u in order to resist theeroriation of the roerty 0lain. #$9

b. If the Court grants the City?s rayer for eroriation, but the City delays ayment of theamount determined by the court as <ust comensation, can 'CC reco4er the roerty fromPasig City 0lain. %$9

c. Suose the eroriation succeeds, but the City decides to abandon its lan to subdi4ide

the roerty for residential uroses ha4ing found a much bigger lot, can 'CC legallydemand that it be allowed to reurchase the roerty from the City of Pasig Why or whynot %$9

XVIII

What are the essential elements of a 4alid etition for a eole?s initiati4e to amend the 1E8/Constitution 3iscuss. %$9


PART I

I

7he dictatorial regime of President of the @eublic of +ordon was toled by a combined force led

by +en. be, former royal guards and the secessionist +ordon PeoleOs rmy. 7he new go4ernment

constituted a 7ruth and @econciliation Commission to loo; into the serious crimes committed under

President Os regime. fter the hearings, the Commission recommended that an amnesty law be

assed to co4er e4en those in4ol4ed in mass ;illings of members of indigenous grous who oosed

President . International human rights grous argued that the roosed amnesty law is contrary to

international law. 3ecide with reasons. ($9

II

Comare and contrast the <urisdiction of the International Criminal Court and International Court of

Dustice. 2$9

III



, a 6ritish hoto<ournalist, was co4ering the 4iolent rotests of the 7hai @ed-Shirts o4ement in

6ang;o;. 3esite warnings gi4en by the 7hai Prime inister to foreigners, secially <ournalists,

mo4ed around the 7hai caital. In the course of his co4erage, he was ;illed with a stray bullet which

was later identified as ha4ing come from the ran;s of the @ed-Shirts. 7he wife of sought relief from

7hai authorities but was refused assistance.

a. Is there state resonsibility on the art of 7hailand %$9

b. What is the aroriate remedy a4ailable to the 4ictimOs family under international law 2$9

IV

Choose the statement which aroriately comletes the oening hrase:

State which resorts to retorsion in international law

a. must ensure that all states consent to its act.

b. cannot curtail migration from the offending state.

c. can eel the nationals of the offending state.

d. should aly roortionate resonse within areciable limit.

e. one of the abo4e.

0lain your answer. %$9

V

Congresswoman is a co-owner of an industrial estate in Sta. @osa, 5aguna which she had

declared in her Statement of ssets and 5iabilities. member of her olitical arty authored a bill

which would ro4ide a #-year de4eloment lan for all industrial estates in the Southern 7agalog

@egion to attract in4estors. 7he lan included an aroriation of % billion esos for construction of

roads around the estates. When the bill finally became law, a ci4il society watchdog Buestioned the

constitutionality of the law as it ob4iously benefitted Congresswoman Os industrial estate. 3ecide

with reasons. 2$9

VI

7he Po4erty lle4iation and ssistance ctQ was assed to enhance the caacity of the most

marginaliAed families nationwide. financial assistance scheme called conditional cash transfersQ

was initially funded #)) million esos by Congress. &ne of the ro4isions of the law ga4e the Doint-

Congressional &4ersight Committee authority to screen the list of beneficiary families initially

determined by the Secretary of 3eartment of Social Welfare and 3e4eloment ursuant to the



3eartment imlementing rules. ang Pandoy, a resident of Smo;ey ountain in 7ondo, Buestioned

the authority of the Committee.

a. 3oes ang Pandoy ha4e legal standing to Buestion the law%$9

b. Is the grant of authority to the &4ersight Committee to screen beneficiaries constitutional2$9

3ecide with reasons.

VII

Tru or F!"#.

a. roclamation of a state of emergency is sufficient to allow the President to ta;e o4er any

ublic utility. ).#$9

b. treaty which ro4ides ta eemtion needs no concurrence by a ma<ority of all the

embers of the Congress. ).#$9

VIII

3istinguish residential communications ri4ilegeQ from deliberati4e rocess ri4ilege.Q 2$9

IX

7he 5eague of 'iliino Political Scientists 5'PS9 organiAed an international conference on the

human rights situation in yanmar at the Central 5uAon State Hni4ersity C5SH9. n eiled yanmar rofessor Sung Mui, critical of the military go4ernment in yanmar, was in4ited as ;eynote sea;er.

7he Secretary of 'oreign ffairs informed the President of the regional and national security

imlications of ha4ing Prof. Mui address the conference. 7he President thereuon instructed the

immigration authorities to re4ent the entry of Prof. Mui into Philiine territory. 7he chancellor of

C5SH argued that the instruction 4iolates the Constitution. 3ecide with reasons. ($9

X

, the wife of an alleged 4ictim of enforced disaearance, alied for the issuance of a Writ of

maro before a @egional 7rial Court in 7arlac. Hon motion of , the court issued insection and

roduction orders addressed to the 'P Chief of Staff to allow entry at Cam Buino and ermit thecoying of rele4ant documents, including the list of detainees, if any. ccomanied by court-

designated Commission on =uman @ights C=@9 lawyers, too; hotograhs of a susected

isolation cell where her husband was allegedly seen being held for three days and tortured before he

finally disaeared. 7he C=@ lawyers reBuested one 5t. !aldeA for a hotocoy of the master lan

of Cam Buino and to confirm in writing that he had custody of the master lan. 5t. !aldeA ob<ected

on the ground that it may 4iolate his right against self-incrimination. 3ecide with reasons. ($9



XI

Which statement best comletes the following hrase: 1$9

'reedom from torture is a right

a. sub<ect to derogation when national security is threatened.Q

b. confined only during custodial in4estigation.Q

c. which is non-derogable both during eacetime and in a situation of armed conflict.Q

d. both a9 and b9

e. none of the abo4e.

XII

witnessed two hooded men with baseball bats enter the house of their net door neighbor 6. fter

a few seconds, he heard 6 shouting, =uwag Pilo babayaran ;ita agad.Q 7hen saw the two hooded

men hitting 6 until the latter fell lifeless. 7he assailants escaed using a yellow motorcycle with a

fireball stic;er on it toward the direction of an eclusi4e 4illage nearby. reorted the incident to P&1

u4al. 7he following day, P&1 u4al saw the motorcycle ar;ed in the garage of a house at Sta.

Ines Street inside the eclusi4e 4illage. =e inBuired with the careta;er as to who owned the

motorcycle. 7he careta;er named the brothers Pilo and @amon aradona who were then outside

the country. P&1 u4al insisted on getting inside the garage. &ut of fear, the careta;er allowed him.

P&1 u4al too; % s;i mas;s and % bats beside the motorcycle. Was the search 4alid What about

the seiAure 3ecide with reasons. ($9

XIII

Tru or F!"#.

a. 4alid and definite offer to buy a roerty is a re-reBuisite to eroriation initiated by a

local go4ernment unit. ).#$9

b. @e-classification of land by a local go4ernment unit may be done through a resolution.

).#$9

c. 6oundary disutes between and among municialities in the same ro4ince may be filed

immediately with the @egional 7rial Court. ).#$9

d. 7he etroolitan anila 3e4eloment uthority is authoriAed to confiscate a dri4erOs license

in the enforcement of traffic regulations. ).#$9

XIV



6C oerates an industrial waste rocessing lant within 5aoag City. &ccasionally, whene4er fluid

substances are released through a nearby cree;, obnoious odor is emitted causing diAAiness

among residents in 6arangay 5a PaA. &n comlaint of the Punong 6arangay, the City ayor wrote

6C demanding that it abate the nuisance. 7his was ignored. n in4itation to attend a hearing called

by the Sangguniang Panlungsod was also declined by the resident of 6C. 7he city go4ernment

thereuon issued a cease and desist order to sto the oerations of the lant, romting 6C to filea etition for in<unction before the @egional 7rial Court, arguing that the city go4ernment did not ha4e

any ower to abate the alleged nuisance. 3ecide with reasons. 2$9

XV

Tru or F!"#.

a. erson who occuies an office that is defecti4ely created is a de facto officer. ).#$9

b. 7he rule on neotism does not aly to designations made in fa4or of a relati4e of the

authority ma;ing a designation. ).#$9

c. discretionary duty of a ublic officer is ne4er delegable. ).#$9

d. cBuisition of ci4il ser4ice eligibility during tenure of a temorary aointee does not

automatically translate to a ermanent aointment. ).#$9

XVI

@udy 3omingo, 28 years old, natural-born 'iliino and a resident of the Philiines since birth, is a

anila-based entrereneur who runs M6M, a coalition of eolesO organiAations from fisherfol;

communities. M6MOs oerations consist of emowering fisherfol; leaders through li4elihoodro<ects and trainings on good go4ernance. 7he 3utch 'oundation for +lobal Initiati4es, a ri4ate

organiAation registered in 7he etherlands, recei4es a huge subsidy from the 3utch 'oreign

inistry, which, in turn is allocated worldwide to the 'oundationOs artners li;e M6M. @udy see;s

to register M6M as a arty-list with himself as a nominee of the coalition. Will M6M and @udy

be Bualified as a arty-list and a nominee, resecti4ely 3ecide with reasons. ($9

PART II

XVII

3uring his camaign sortie in 6arangay Salamanca, ayor +alicia was arrested at a PPchec;oint for carrying highowered firearms in his car. =e was charged and con4icted for 4iolation

of the C&050C gun ban. =e did not aeal his con4iction and instead alied for eecuti4e

clemency. cting on the fa4orable recommendation of the 6oard of Pardons and Parole, the

President granted him ardon. Is he eligible to run again for an electi4e osition 0lain briefly.

#$9

XVIII



7he =ouse Committee on roriations conducted an inBuiry in aid of legislation into alleged

irregular and anomalous disbursements of the Countrywide 3e4eloment 'und C3'9 and

Congressional Initiati4e llocation CI9 of Congressmen as eosed by F, a 3i4ision Chief of the

3eartment of 6udget and anagement 369. Imlicated in the Buestionable disbursements are

high officials of the Palace. 7he =ouse Committee summoned F and the 36 Secretary to aear

and testify. F refused to aear, while the Secretary aeared but refused to testify in4o;ingeecuti4e ri4ilege.

a. ay F be comelled to aear and testify If yes, what sanction may be imosed on him

%$9

b. Is the 6udget Secretary shielded by eecuti4e ri4ilege from resonding to the inBuiries of

the =ouse Committee 0lain briefly. If the answer is no, is there any sanction that may be

imosed uon him 2$9

XIX

7o instill religious awareness in the students of 3oRa 7rinidad =igh School, a ublic school in

6ulacan, the Parent- 7eacherOs ssociation of the school contributed funds for the construction of a

grotto and a chael where ecumenical religious ser4ices and seminars are being held after school

hours. 7he use of the school grounds for these uroses was Buestioned by a arent who does not

belong to any religious grou. s his comlaint was not addressed by the school officials, he filed an

administrati4e comlaint against the rincial before the 30CS. Is the rincial liable 0lain

briefly. #$9

XX

3efineGelain the following:

a. 3octrine of oerati4e facts 1$9

b. 3e facto municial cororation 1$9

c. unicial cororation by estoel 1$9

d. 3octrine of necessary imlication 1$9

e. Princile of holdo4er 1$9

XXI

7he Sangguniang Panlungsod of Pasay City assed an ordinance reBuiring all disco ub owners to

ha4e all their hositality girls tested for the I3S 4irus. 6oth disco ub owners and the hositality

girls assailed the 4alidity of the ordinance for being 4iolati4e of their constitutional rights to ri4acy

and to freely choose a calling or business. Is the ordinance 4alid 0lain. #$9



XXII

+o4ernor 3iy was ser4ing his third term when he lost his go4ernorshi in a recall election.

a. Who shall succeed +o4ernor 3iy in his office as +o4ernor 1$9

b. Can +o4ernor 3iy run again as go4ernor in the net election %$9

c. Can +o4ernor 3iy refuse to run in the recall election and instead resign from his osition as

go4ernor %$9

XXIII

was a career mbassador when he acceted an ad interim aointment as Cabinet ember. 7he

Commission on ointments byassed his ad interim aointment, howe4er, and he was not re-

aointed. Can he re-assume his osition as career mbassador #$9

XXIV

Comare and contrast o4erbreadth doctrineQ from 4oid-for4aguenessQ doctrine. #$9

XXV

a. What is the rotational scheme of aointments in the C&050C %$9

b. What are the two conditions for its wor;ability %$9

c. 7o what other constitutional offices does the rotational scheme of aointments aly %$9

XXVI

3istinguish between oc;et 4etoQ and item 4eto.Q %$9

XXVII

What is the concet of association under international law %$9


S$ A

19 'iliino citiAenshi may be acBuired through <udicial naturaliAation only by an alien

9 born, raised, and educated in the Philiines who has all the Bualifications and none ofthe disBualifications to become a 'iliino citiAen.



69 who has all the Bualifications and none of the disBualifications to become a 'iliinocitiAen.

C9 born and raised in the Philiines who has all the Bualifications and none of thedisBualifications to become a 'iliino citiAen.

39 whose mother or father is a naturaliAed 'iliino and who himself is Bualified to benaturaliAed.

%9 Da 5iner alied for a ublic utility bus ser4ice from 6acolod to 3umaguete from the 5and7ransortation 'ranchising and @egulatory 6oard 57'@69. 66 0ress oosed. 57'@6 ruled infa4or of Da. 66 aealed to the Secretary of the 3eartment of 7ransortation and Communication3&7C9, who re4ersed the 57'@6 decision. Da aealed to the &ffice of the President whichreinstated the 57'@6Os ruling. 66 0ress went to the Court of eals on certiorari Buestioning thedecision of the &ffice of the President on the ground that &ffice of the President has no <urisdictiono4er the case in the absence of any law ro4iding an aeal from 3&7C to the &ffice of thePresident. Will the etition roser

9 o, ehaustion of administrati4e remedies u to the le4el of the President is a re-reBuisite to <udicial recourse.

69 o, the action of the 3&7C Secretary bears only the imlied aro4al of the Presidentwho is not recluded from re4iewing the decision of the former.

C9 es, when there is no law ro4iding an aeal to the &ffice of the President, no suchaeal may be ursued.

39 es, the doctrine of Bualified olitical agency renders unnecessary a further aeal to the&ffice of the President.

29 Where is set for romotion to dministrati4e ssistant III and 6 to the ost of dministrati4e ssistant II 4acated by , the aointing authority must

9 submit to the CSC the two romotional aointments together for aro4al.

69 not aoint 6 until the CSC has aro4ed Os aointment.

C9 submit to the Ci4il Ser4ice Commission CSC9 the second aointment after its aro4alof the first.

39 simultaneously issue the aointments of and 6.

(9 When a witness is granted transactional immunity in echange for his testimony on how hisimmediate suerior induced him to destroy ublic records to co4er u the latter?s act of mal4ersationof ublic funds, the witness may &7 be rosecuted for

9 direct contemt.

69 infidelity in the custody of ublic records.

C9 falsification of ublic documents.



39 false testimony.

#9 ario, a 6ureau of CustomsO eaminer, was administrati4ely charged with gra4e misconduct andre4enti4ely susended ending in4estigation. 7he head of office found him guilty as charged andordered his dismissal. 7he decision against him was eecuted ending aeal. 7he Ci4il Ser4iceCommission CSC9 subseBuently found him guilty and after considering a number of mitigating

circumstances, reduced his enalty to only one month susension. Is ario entitled to bac;salaries

9 es, the reduction of the enalty means restoration of his right to bac; salaries.

69 o, the enalty of one month susension carries with it the forfeiture of bac; salaries.

C9 o, he is still guilty of gra4e misconduct, only the enalty was reduced.

39 es, corresonding to the eriod of his susension ending aeal less one month.

*9 lthea, a 'iliino citiAen, bought a lot in the Philiines in 1E/#. =er redecessors-in-interest

ha4e been in oen, continuous, eclusi4e and notorious ossession of the lot since 1E(), in theconcet of owner. In 1E88, lthea became a naturaliAed ustralian citiAen. Is she Bualified to alyfor registration of the lot in her name

9 es, ro4ided she acBuires bac; her 'iliino citiAenshi.

69 o, ecet when it can be ro4ed that ustralia has a counterart domestic law that alsofa4ors former 'iliino citiAens residing there.

C9 es, the lot is already ri4ate in character and as a former natural-born 'iliino, she canbuy the lot and aly for its registration in her name.

39 o, foreigners are not allowed to own lands in the Philiines.

/9 7he ri4acy of communication and corresondence shall be in4iolable ecet uon lawful orderof the court or when

9 ublic safety or ublic health reBuires otherwise as rescribed by law.

69 dictated by the need to maintain ublic eace and order.

C9 ublic safety or order reBuires otherwise as rescribed by law.

39 ublic safety or order reBuires otherwise as determined by the President.

89 &ne ad4antage of a written Constitution is its

9 reliability.

69 ermanence.

C9 fleibility.



39 eediency.

E9 n aointment held at the leasure of the aointing ower

9 essentially temorary in nature.

69 reBuires secial Bualifications of the aointee.

C9 reBuires <ustifiable reason for its termination.

39 is co-etensi4e with the term of the ublic officer who aointed him.

1)9 7he city go4ernment filed a comlaint for eroriation of 1) lots to build a recreational comlefor the members of the homeowners? association of Sitio Sto. 7omas, the most oulated residentialcomound in the city. 7he lot owners challenged the urose of the eroriation. 3oes theeroriation ha4e a 4alid urose

9 o, because not e4erybody uses a recreational comle.

69 o, because it intends to benefit a ri4ate organiAation.

C9 es, it is in accord with the general welfare clause.

39 es, it ser4es the well-being of the local residents.

119 n eamle of a content based restraint on free seech is a regulation rescribing

9 maimum tolerance of ro-go4ernment demonstrations.

69 a no rally-no ermit olicy.

C9 when, where, and how lawful assemblies are to be conducted.

39 calibrated resonse to rallies that ha4e become 4iolent.

1%9 7he President forged an eecuti4e agreement with !ietnam for a year suly of animal feeds tothe Philiines not to eceed (),))) tons. 7he ssociation of nimal 'eed Sellers of the PhiliinesBuestioned the eecuti4e agreement for being contrary to @.. (*% which rohibits the imortation of animal feeds from sian countries. Is the challenge correct

9 es, the eecuti4e agreement is contrary to our eisting domestic law.

69 o, the President is the sole organ of the go4ernment in eternal relations and all hisactions as such form art of the law of the land.

C9 o, international agreements are sui generis which must stand indeendently of ourdomestic laws.

39 es, the eecuti4e agreement is actually a treaty which does not ta;e effect withoutratification by the Senate.



129 Dose CruA and %) others filed a etition with the C&050C to hold a lebiscite on their etitionfor initiati4e to amend the Constitution by shifting to a unicameral arliamentary form of go4ernment.

ssuming that the etition has been signed by the reBuired number of registered 4oters, will itroser

9 o, only Congress can eercise the ower to amend the Constitution.

69 es, the eole can substantially amend the Constitution by direct action.

C9 es, ro4ided Congress concurs in the amendment.

39 o, since they see;, not an amendment, but a re4ision.

1(9 7he Comelec en banc cannot hear and decide a case at first instance 0FC0P7 when

9 a 3i4ision refers the case to it for direct action.

69 the case in4ol4es a urely administrati4e matter.

C9 the inhibition of all the members of a 3i4ision is sought.

39 a related case is ending before the Sureme Court en banc.

1#9 0ach of the Constitutional Commissions is eressly described as "indeendent," eemlifiedby its

9 immunity from suit.

69 fiscal autonomy.

C9 finality of action.

39 collegiality.

1*9 7here is double <eoardy when the dismissal of the first case is

9 made at the instance of the accused in4o;ing his right to fair trial.

69 made uon motion of the accused without ob<ection from the rosecution.

C9 made ro4isionally without ob<ection from the accused.

39 based on the ob<ection of the accused to the rosecution?s motion to ostone trial.

1/9 7he new Commissioner of Immigration, r. SuareA, issued an &ffice &rder directing the toimmigration officials to tender courtesy resignation to gi4e him a free hand in reorganiAing theagency. In comliance, 3irector Sison of the dministrati4e 3eartment tendered his resignation inwriting which r. SuareA immediately acceted. 3irector Sison went to court, assailing the 4alidity ofhis courtesy resignation and r. SuareAOs accetance of the same. Will the action roser



9 o, 3irector Sison tendered his resignation and it was acceted.

69 o, estoel recludes 3irector Sison from disclaiming the resignation he freelytendered.

C9 es,for so long as no one has yet been aointed to relace him, 3irector Sison may still

withdraw his resignation.

39 es, 3irector Sison merely comlied with the order of the head of office the element ofclear intention to relinguish office is lac;ing.

189 n administrati4e rule that fies rates is 4alid only when the roosed rates are

9 ublished and filed with the HP 5aw Center.

69 ublished and hearings are conducted.

C9 ublished and osted in three ublic laces.

39 ublished and all sta;eholders are ersonally notified.

1E9 7he go4ernment sought to eroriate a arcel of land belonging to . 7he law ro4ides that, toget immediate ossession of the land, the go4ernment must deosit the eBui4alent of the land?sAonal 4alue. 7he go4ernment insisted, howe4er, that what aly are the rules of court which reBuirean initial deosit only of the assessed 4alue of the roerty. Which should re4ail on this matter, thelaw or the rules of court

9 6oth law and rules aly because <ust comensation should be fied based on its Aonalor assessed 4alue, whiche4er is higher.

69 6oth law and rules aly because <ust comensation should be fied based on its Aonalor assessed 4alue, whiche4er is lower.

C9 7he law should re4ail since the right to <ust comensation is a substanti4e right thatCongress has the ower to define.

39 7he rules of court should re4ail since <ust comensation is a rocedural matter sub<ectto the rule ma;ing ower of the Sureme Court.

%)9 fter F, a rae susect, was arised of his right to silence and to counsel, he told thein4estigators that he was wai4ing his right to ha4e his own counsel or to be ro4ided one. =e madehis wai4er in the resence of a retired Dudge who was assigned to assist and elain to him the

conseBuences of such wai4er. Is the wai4er 4alid

9 o, the wai4er was not reduced in writing.

69 es, the mere fact that the lawyer was a retired <udge does not cast doubt on hiscometence and indeendence.

C9 es, the wai4er was made 4oluntarily, eressly, and with assistance of counsel.



39 o, a retired Dudge is not a cometent and indeendent counsel.

%19 +o4ernor Paloma was administrati4ely charged with abuse of authority before the &ffice of thePresident. Pending hearing, he ran for reelection and won a second term. =e then mo4ed to dismissthe charge against him based on this suer4ening e4ent. Should the motion be granted

9 es, +o4ernor Paloma?s reelection is an eression of the electorate?s obedience to hiswill.

69 o, +o4ernor Paloma?s reelection cannot etinguish his liability for malfeasance in office.

C9 o, +o4ernor Paloma?s reelection does not render moot the administrati4e case alreadyending when he filed his certificate of candidacy for his reelection bid.

39 es, +o4ernor Paloma?s reelection is an eression of the electorate?s restored trust.

%%9 7he decision of the @egional 7rial Court on aeals ertaining to inclusions or eclusions fromthe list of 4oters

9 is inaealable.

69 is sub<ect to an action for annulment.

C9 may be brought straight to the Sureme Court.

39 is aealable to the Commission on 0lections.

%29 7he eBual rotection clause allows 4alid classification of sub<ects that alies

9 only to resent conditions.

69 so long as it remains rele4ant to the go4ernment.

C9 for a limited eriod only.

39 for as long as the roblem to be corrected eists.

%(9 7he President wants to aoint to the 4acant ost of ssociate Dustice of the Sureme Courtbecause of his Bualifications, cometence, honesty, and efficiency. 6ut Os name is not on the list ofnominees that the Dudicial and 6ar Council D6C9 submitted to the President. What should thePresident do

9 @eBuest the D6C to consider adding to the list.

69 3ecline to aoint from the list.

C9 oint from the list.

39 @eturn the list to D6C.



%#9 Courts may still decide cases that ha4e otherwise become academic when they in4ol4e

9 the basic interest of eole.

69 etitions for habeas corus.

C9 acts of the Chief 0ecuti4e.

39 Presidential election rotests.

%*9 7he right of the State to rosecute crimes by a4ailable e4idence must yield to the right of

9 the accused against self-incrimination.

69 another State to etradite a fugiti4e from <ustice.

C9 the State to deort undesirable aliens.

39 the comlainant to dro the case against the accused.

%/9 temorary aointee to a ublic office who becomes a ci4il ser4ice eligible during his tenure

9 loses his temorary aointment without re<udice to his re-aointment as ermanent.

69 has the right to demand con4ersion of his aointment to ermanent.

C9 automatically becomes a ermanent aointee.

39 retains his temorary aointment.

%89 Hon endorsement from the Senate where it was first mista;enly filed, the =ouse of@eresentati4es Committee on Dustice found the 4erified comlaint for imeachment against thePresident sufficient in form but insufficient in substance. Within the same year, another imeachmentsuit was filed against the President who Buestioned the same for being 4iolati4e of the Constitution.Is the President correct

9 o, "initiated" means the rticles of Imeachment ha4e been actually filed with theSenate for trial this did not yet haen.

69 o, the first comlaint was not deemed initiated because it was originally filed with theSenate.

C9 es, the dismissal of the first imeachment roceeding bars the initiation of anotherduring the same term of the President.

39 es, no imeachment roceeding can be filed against the President more than oncewithin a year.



%E9 7he Solicitor +eneral declines to institute a ci4il action on behalf of a go4ernment agency due tohis strained relation with its head, insisting that the agencyOs lawyers can file the action. Is theSolicitor +eneral correct

9 es, when he deems he cannot harmoniously and effecti4ely wor; with the reBuestingagency.

69 o, he must, in choosing whether to rosecute an action, eercise his discretionaccording to law and the best interest of the State.

C9 es, as in any lawyer-client relationshi, he has the right to choose whom to ser4e andreresent.

39 o, the Solicitor +eneral?s duty to reresent the go4ernment, its offices and officers ismandatory and absolute.

2)9 deartment secretary may, with the President?s consent, initiate his aearance before theSenate or the =ouse of @eresentati4es which

9 must see; the concurrence of the other =ouse before acting.

69 must hold an eecuti4e session to hear the deartment secretary.

C9 may altogether re<ect the initiati4e.

39 must accet such initiated aearance.

219 7he etro anila 3e4eloment uthority 39 assed a rule authoriAing traffic enforcers toimound illegally ar;ed 4ehicles, for the first offense, and confiscate their registration lates for thesecond. 7he 3 issued this rule to imlement a law that authoriAed it to susend the licenses of

dri4ers who 4iolate traffic rules. Is the 3 rule 4alid

9 o, since the 3 does not ha4e rule-ma;ing ower.

69 es, it is a 4alid eercise of the ower of subordinate legislation.

C9 es, it is an imlicit conseBuence of the law uon which it acted.

39 o, the rule goes beyond the shere of the law.

2%9 Senator 6ondoc was charged with murder and detained at the >ueAon City Dail. =e in4o;ed, insee;ing lea4e from the court to attend the session of the Senate, his immunity from arrest as aSenator. =ow should the court rule on his motion

9 3eny the motion unless the Senate issues a resolution certifying to the urgency of hisattendance at its sessions.

69 +rant the motion ro4ided he osts bail since he is not a flight ris;.



C9 +rant the motion so as not to deri4e the eole who elected him their right to bereresented in the Senate.

39 3eny the motion since immunity from arrest does not aly to a charge of murder.

229 F, an administrati4e officer in the 3eartment of Dustice, was charged with gra4e misconduct

and re4enti4ely susended for E) days ending in4estigation. 6ased on the e4idence, theSecretary of Dustice found F guilty as charged and dismissed him from the ser4ice. Pending aeal,F?s dismissal was eecuted. SubseBuently, the Ci4il Ser4ice Commission CSC9 re4ersed theSecretaryOs decision and the re4ersal became final and eecutory. What is the effect of F?seoneration

9 F is entitled to reinstatement and bac; salaries both during his E) day re4enti4esusension and his susension ending aeal.

69 F is entitled to reinstatement and bac; salaries corresonding only to the eriod of delaycaused by those rosecuting the case against him.

C9 F is entitled to reinstatement but not to bac; salaries on ground of "damnum absBuein<uria."

39 F is entitled to reinstatement and bac; salaries during his susension ending aeal.

2(9 Courts may dismiss a case on ground of mootness when

9 the case is remature.

69 etitioner lac;s legal standing.

C9 the Buestioned law has been reealed.

39 the issue of 4alidity of law was not timely raised.

2#9 lfredo was elected municial mayor for 2 consecuti4e terms. 3uring his third term, themuniciality became a city. lfredo ran for city mayor during the net immediately succeedingelection. !oltaire sought his disBualification citing the 2 term limit for electi4e officials. Will !oltaire?saction roser

9 o, the 2 term limit should not aly to a erson who is running for a new osition title.

69 es, the 2 term limit alies regardless of any 4oluntary or in4oluntary interrution in theser4ice of the local electi4e official.

C9 es, the 2 term limit uniformly alies to the office of mayor, whether for city ormuniciality.

39 o, the 2 term limit should not aly to a local go4ernment unit that has assumed adifferent cororate eistence.

2*9 In what scenario is an etensi4e search of mo4ing 4ehicles without warrant 4alid



9 7he olice became susicious on seeing something on the carOs bac; seat co4ered withblan;et.

69 7he olice susected an unfenced lot co4ered by roc;s and bushes was lanted tomari<uana.

C9 7he olice became susicious when they saw a car belie4ed to be of the same modelused by the ;illers of a city mayor.

39 7he dri4er sed away in his car when the olice flagged him down at a chec;oint.

2/9 Pre-roclamation contro4ersies shall be heard

9 summarily without need of trial.

69 through trial by commissioner.

C9 e arte.

39 through seedy arbitration.

289 When the President orders the Chief of the Philiine ational Police to susend the issuanceof ermits to carry firearms outside the residence, the President eercises

9 the ower of control.

69 the Commander-in-Chief ower.

C9 the ower of suer4ision.

39 the calling out ower.

2E9 Carlos, a foreign national was charged with and con4icted of a serious crime in State F andsentenced to life imrisonment. =is country alied for relief with the International Court of DusticeICD9, arguing that State F did not inform Carlos of his right under rticle 2* of the !iennaCon4ention to be accorded legal assistance by his go4ernment. State F, as signatory to the !iennaCon4ention, agreed to ICD?s comulsory <urisdiction o4er all disutes regarding the interretation oralication of the !ienna Con4ention. ICD ruled that State F 4iolated its obligation to ro4ideconsular notification to the foreign national?s country. ICD also reBuired State F to re4iew andreconsider the life sentence imosed on the foreign national. State F then wrote the Hnited ationsinforming that it was withdrawing from the &tional Protocol on !ienna Con4ention and was notbound by the ICD decision. What rincile of international law did State F 4iolate

9 Pacta Sunt Ser4anda

69 ct of State 3octrine

C9 Protecti4e Princile

39 Dus Cogens



()9 n informer told the olice that a 7oyota Car with late 6C 12( would deli4er an unsecifiedBuantity of ecstacy in 'orbes Par;, a;ati City. 7he officers whom the olice sent to watch the'orbes Par; gates saw the described car and flagged it down. When the dri4er stoed and loweredhis window, an officer saw a gun tuc;ed on the dri4er?s waist. 7he officer as;ed the dri4er to ste outand he did. When an officer loo;ed inside the car, he saw many tablets strewn on the dri4er?s seat.7he dri4er admitted they were ecstacy. Is the search 4alid

9 o, the rule on warrantless search of mo4ing 4ehicle does not allow arbitrariness on theart of the olice.

69 es, the olice officers had the duty to 4erify the truth of the information they got andursue it to the end.

C9 es, the olice acted based on reliable information and the fact that an officer saw thedri4er carrying a gun.

39 o, olice officers do not ha4e unbridled discretion to conduct a warrantless search ofmo4ing 4ehicles.

(19 7he Commission on 0lections is an indeendent body tas;ed to enforce all laws relati4e to theconduct of elections. =ence, it may

9 conduct two ;inds of electoral count: a slow but official count and a Buic; but unofficialcount.

69 ma;e an ad4ance and unofficial can4ass of election returns through electronictransmission.

C9 underta;e a searate and unofficial tabulation of the results of the election manually.

39 authoriAe the citiAens arm to use election returns for unofficial count.

(%97he President may roclaim martial law o4er a articular ro4ince sub<ect to re4ocation oretension

9 by Congress,sub<ect to ratification by the Sureme Court.

69 by the Sureme Court.

C9 by Congress alone

39 by Congress, uon recommendation of the resecti4e Sangguniang Panlalawigan.

(29 3uring his incumbency, President Carlos shot to death one of his ad4isers during a heatedargument o4er a game of golf that they were laying. 7he deceased ad4iserOs family filed a case ofhomicide against President Carlos before the city rosecutorOs office. =e mo4ed to dismiss the case,in4o;ing residential immunity from suit. Should the case be dismissed

9 es, his immunity co4ers his interactions with his official family, including the deceasedad4iser.



69 o, his immunity co4ers only wor;-related crimes.

C9 es, his immunity holds for the whole duration of his tenure.

39 o, his immunity does not co4er crimes in4ol4ing moral turitude.

((9 7he School Princial of @amon agsaysay =igh School designated aria, her daughter, asublic school teacher in her school. 7he designation was assailed on ground of neotism. Is suchdesignation 4alid

9 o, because the law rohibits relati4es from wor;ing within the same go4ernment unit.

69 es, because ariaOs osition does not fall within the rohibition.

C9 o, because her mother is not the designating authority.

39 o, because aria is related to the suer4ising authority within the rohibited degree ofconsanguinity.

(#9 7he President?s aointment of an acting secretary although Congress is in session is

9 4oidable.

69 4alid.

C9 in4alid.

39 unenforceable.

(*9 Congress assed a bill aroriating P#) million in assistance to locally based tele4isionstations sub<ect to the condition that the amount would be a4ailable only in laces where commercialnational tele4ision stations do not oerate. 7he President aro4ed the aroriation but 4etoed thecondition. Was the 4eto 4alid

9 es, since the 4etoed condition may be searated from the item.

69 es, the President?s 4eto ower is absolute.

C9 o, since the 4eto amounted to a suression of the freedom to communicate throughtele4ision.

39 o, since the aro4al of the item carried with it the aro4al of the condition attached toit.

(/9 In the eercise of its ower of legislati4e inBuiries and o4ersight functions, the =ouse of@eresentati4es or the Senate may only as; Buestions

9 that the official called is willing to answer.

69 that are rele4ant to the roosed legislation.



C9 to which the witness ga4e his rior consent.

39 material to the sub<ect of inBuiry.

(89 n ordinance rohibits "notorious street gang members" from loitering in ublic laces. 7heolice are to diserse them or, if they refuse, lace them under arrest. 7he ordinance enumerates

which olice officers can ma;e arrest and defines street gangs, membershi in them, and ublicareas. 7he ordinance was challenged for being 4ague regarding the meaning of "notorious streetgang members." Is the ordinance 4alid

9 o, it lea4es the ublic uncertain as to what conduct it rohibits.

69 o, since it discriminates between loitering in ublic laces and loitering in ri4ate laces.

C9 es, it ro4ides fair warning to gang members rior to arrest regarding their unlawfulconduct.

39 es, it is sufficiently clear for the ublic to ;now what acts it rohibits.

(E9 7he eole may aro4e or re<ect a roosal to allow foreign in4estors to own lands in thePhiliines through an electoral rocess called

9 referendum.

69 lebiscite.

C9 initiati4e.

39 certification.

#)9 Where a candidate for the Senate stated in his certificate of candidacy that he is single, whenhe is 4ery much married, though searated, his certificate of candidacy

9 may be canceled.

69 will sub<ect him to a Buo warranto action.

C9 remains 4alid.

39 may be denied due course.

#19 candidate who commits 4ote buying on 0lection 3ay itself shall be rosecuted by the

9 C&050C.

69 Secretary of Dustice.

C9 olice and other law enforcement agencies.

39 City or Pro4incial Prosecutor.



#%9 law authoriAed the Secretary of griculture to reBuire the Buarantine of animals that sufferfrom dangerous communicable diseases at such lace and for such time he deems necessary tore4ent their sread. 7he Secretary of griculture issued a regulation, imosing a enalty ofimrisonment for 1) days on ersons transorting Buarantined animals without his ermission. 7heregulation is

9 a 4alid eercise of the ower of subordinate legislation.

69 in4alid for being ultra 4ires.

C9 a 4alid eercise of olice ower.

39 in4alid for being discriminatory.

#29 Small-scale utiliAation of natural resources by 'iliino citiAens may be allowed by

9 Congress.

69 either the Senate or the =ouse of @eresentati4es.

C9 the President.

39 the President with the consent of Congress.

#(9 When the Ci4il Ser4ice Commission CSC9 aro4es the aointment of the 0ecuti4e 3irectorof the 5and 7ransortation 'ranchising and @egulatory 6oard who ossesses all the rescribedBualifications, the CSC erforms

9 a discretionary duty.

69 a mi discretionary and ministerial duty.

C9 a ministerial duty.

39 a rule-ma;ing duty.

##9 Fian and ani ran for Congressman in the same district. 3uring the can4assing, ani ob<ected tose4eral returns which he said were tamered with. 7he board of can4assers did not entertain ani?sob<ections for lac; of authority to do so. ani Buestions the law rohibiting the filing of re-roclamation cases in4ol4ing the election of Congressmen since the Constitution grants C&050C

<urisdiction o4er all re-roclamation cases, without distinction. Is ani correct

9 es, the Constitution grants <urisdiction to C&050C on all re-roclamation cases,without ecetion.

69 o, C&050COs <urisdiction o4er re-roclamation cases ertains only to elections forregional, ro4incial, and city officials.

C9 o, C&050COs <urisdiction o4er re-roclamation cases does not include those thatmust be brought directly to the courts.



39 es, any conflict between the law and the Constitution relati4e to C&050C?s <urisdictionmust be resol4ed in fa4or of the Constitution.

#*9 When the Sureme Court nullified the decisions of the military tribunal for lac; of <urisdiction, itecluded from their co4erage decisions of acBuittal where the defendants were deemed to ha4eacBuired a 4ested right. In so doing, the Sureme Court alied

9 the oerati4e fact doctrine.

69 the rule against double <eoardy.

C9 the doctrine of suer4ening e4ent.

39 the orthodo doctrine.

#/9 ccused F leaded not guilty to the charge of homicide against him. Since he was admitted tobail, they sent him notices to attend the hearings of his case. 6ut he did not show u, desite notice,in four successi4e hearings without offering any <ustification. 7he rosecution mo4ed to resent

e4idence in absentia but the court denied the motion on the ground that the accused has a right tobe resent at his trial. Is the court correct

9 o, the court is mandated to hold trial in absentia when the accused had been arraigned,had notice, and his absence was un<ustified.

69 es, it remains discretionary on the court whether to conduct trial in absentia e4en if theaccused had been arraigned and had notice and did not <ustify his absence.

C9 es, it is within the court?s discretion to determine how many ostonements it will grantthe accused before trying him in absentia.

39 o, the court may re<ect trial in absentia only on grounds of fraud, accident, mista;e, orecusable negligence.

#89 'ollowing C&050C Chairman 6ocay?s con4iction for acts of corrution in the imeachmentroceedings, he was indicted for lunder before the Sandiganbayan and found guilty, as charged.Can he get Presidential ardon on the lunder case

9 o, lunder is not a ardonable offense.

69 o, con4iction in a criminal case for the same acts charged in the imeachmentroceedings is not ardonable.

C9 es, con4ictions in two different fora for the same acts, are too harsh that they are notbeyond the reach of the PresidentOs ardoning ower.

39 es, con4iction in court in a criminal action is sub<ect to the President?s ardoning ower.

#E9 ri4ate erson constituted by the court as custodian of roerty attached to secure a debtsought to be reco4ered in a ci4il roceeding is



9 a ri4ate sheriff.

69 a ublic officer.

C9 a ri4ate warehouseman.

39 an agent of the arty to whom the roerty will ultimately be awarded.

*)9 7he C&050C en banc shall decide a motion for reconsideration of

9 the =ouse or @eresentati4es and the Senate electoral tribunals.

69 the decision of the election registrar.

C9 the decision of the C&050C di4ision in4ol4ing an election rotest.

39 its own decision in4ol4ing an election rotest.

*19 dela ser4ed as ayor of Masim for % consecuti4e terms. &n her third term, C&050C oustedher in an election rotest that +udi, her oonent, filed against her. 7wo years later, +udi facedrecall roceedings and dela ran in the recall election against him. dela won and ser4ed as ayorfor +udi?s remaining term. Can dela run again for ayor in the net succeeding election without4iolating the 2 term limit

9 o, she won the regular mayoralty election for two consecuti4e terms and the recallelection constitutes her third term.

69 . o, she already won the mayoralty election for 2 consecuti4e terms.

C9 es, her ouster from office in her third term interruted the continuity of her ser4ice asmayor.

39 es, the fresh mandate gi4en her during the recall election erased her disBualification fora third term.

*%9 child born in the Hnited States to a 'iliino mother and an merican father is

9 a 'iliino citiAen by election.

69 a reatriated 'iliino citiAen.

C9 a dual citiAen.

39 a natural born 'iliino citiAen.

*29 In4oluntary ser4itude may be reBuired as

9 art of rehabilitation of one duly charged with a crime.

69 substitute enalty for one who has been duly tried for a crime.



C9 unishment for a crime where one has been duly con4icted.

39 condition recedent to one?s 4alid arraignment.

*(9 !an sought to disBualify anresa as congresswoman of the third district of anila on theground that the latter is a greencard holder. 6y the time the case was decided against anresa, she

had already ser4ed her full term as congresswoman. What was anresa?s status during herincumbency as congresswoman

9 She was a de <ure officer, ha4ing been duly elected.

69 She was not a ublic officer because she had no 4alid eisting ublic office.

C9 She was a de <ure officer since she comleted her term before she was disBualified.

39 She was a de facto officer since she was elected, ser4ed, and her disBualification onlycame later.

*#9 Whose aointment is &7 sub<ect to confirmation by the Commission on ointments

9 Chairman of the Ci4il Ser4ice Commission

69 Chief Dustice of the Sureme Court

C9 Chief of Staff of the rmed 'orces of the Philiines

39 0ecuti4e Secretary

**9 7he system of chec;s and balances oerates when

9 the President nullifies a con4iction in a criminal case by ardoning the offender.

69 Congress increases the budget roosal of the President.

C9 the President does not release the countryside de4eloment funds to members ofCongress.

39 Congress eands the aellate <urisdiction of the Sureme Court, as defined by theConstitution.

*/9 7he rice of stale goods li;e rice may be regulated for the rotection of the consuming ublic

through the eercise of

9 ower of subordinate legislation.

69 emergency ower.

C9 olice ower.

39 residual ower.



*89 ssociate Dustice retires from the Sureme Court E) days before the forthcoming Presidentialelection. ay the incumbent President still aoint Dustice ?s successor

9 o, it will 4iolate the Constitutional rohibition against midnight aointments.

69 es, 4acancies in the Sureme Court should be filled within E) days from occurrence of

the 4acancy.

C9 es, 4acancies in the Sureme Court should be filled within E) days from submission ofD6C nominees to the President.

39 o, the incumbent President must yield to the choice of the net President

*E9 7he President may set a limit on the country?s imort Buota in the eercise of his

9 delegated ower.

69 concurring ower.

C9 residual ower.

39 inherent ower.

/)9 mor sued for annulment of a deed of sale of 5ot 1. While the case was ongoing, 6altaAar, aninterested buyer, got a Certification from tty. Crisin, the Cler; of Court, that 5ot 1 was not in4ol4edin any ending case before the court. cting on the certification, the @egister of 3eeds canceled thenotice of lis endens annotated on 5ot 1Os title. mor filed a damage suit against tty. Crisin but thelatter in4o;ed good faith and immunity from suit for acts relating to his official duty, claiming he wasnot yet the Cler; of Court when mor filed his action. 3ecide.

9 tty. Crisin is immune from suit since he en<oys the resumtion of regularity oferformance of ublic duty.

69 tty. Crisin?s defense is in4alid since he issued his certification rec;lessly withoutchec;ing the facts.

C9 tty. Crisin?s defense is 4alid since he was unaware of the endency of the case.

39 s Cler; of Court, tty. Crisin en<oys absolute immunity from suit for acts relating to hiswor;.

/19 7he =ousing and 5and Hse @egulatory 6oard =5H@69 found tlantic =omes, Inc. liable indamages arising from its delayed release of the title to the house and lot that it sold to Dosehine.

tlantic aealed to the &ffice of the President which rendered a one age decision, affirming theattached =5H@6 <udgment. tlantic challenges the 4alidity of the decision of the &ffice of thePresident for not stating the facts and the law on which it is based. Is the challenge correct

9 o, the &ffice of the President is go4erned by its own rules resecting re4iew of casesaealed to it.



69 es, the decision of the &ffice of the President must contain its own crafted factualfindings and legal conclusions.

C9 es, administrati4e due rocess demands that the &ffice of the President ma;e findingsand conclusions indeendent of its subordinate.

39 o, the &ffice of the President is not recluded from adoting the factual findings andlegal conclusions contained in the =5H@6 decision.

/%9 collision occurred in4ol4ing a assenger <eeney dri4en by 5eonardo, a cargo truc; dri4en byDoseh, and a dum truc; dri4en by 5auro but owned by the City of Cebu. 5auro was on his way toget a load of sand for the reair of the road along 'uente Street, Cebu City. s a result of thecollision, 2 assengers of the <eeney died. 7heir families filed a comlaint for damages againstDoseh who in turn filed a third arty comlaint against the City of Cebu and 5auro. Is the City ofCebu liable for the tort committed by its emloyee

9 7he City of Cebu is not liable because its emloyee was engaged in the discharge of ago4ernmental function.

69 7he City of Cebu is liable for the tort committed by its emloyee while in the discharge ofa non-go4ernmental function.

C9 7he City of Cebu is liable in accord with the recet of resondeat suerior.

39 7he City of Cebu is not liable as a conseBuence of its non-suitability.

/29 3uring romulgation of sentence, the resence of the accused is mandatory but he may aearby counsel or reresentati4e when

9 he is charged with a light offense.

69 he was able to cross-eamine the rosecutionOs witnesses.

C9 he wai4es his right to be resent.

39 he is con4icted of a bailable offense.

/(9 n information for murder was filed against F. fter eamining the case records forwarded tohim by the rosecution, the trial <udge granted bail to F based on the rosecution?s manifestation thatit was not ob<ecting to the grant of bail. Is the trial <udge correct

9 es, the trial <udge may e4aluate the strength or wea;ness of the e4idence based on the

case records forwarded to him.

69 o, the trial <udge should ha4e held a hearing to ascertain the Buality of the e4idence ofguilt that the rosecution had against F.

C9 o, the trial <udge should ha4e conducted a hearing to ascertain first whether or not Fwas 4alidly arrested.



39 es, the trial <udge may reasonably rely on the rosecution?s manifestation that he hadno ob<ection to the grant of bail.

/#9 7he President C&7 call out the military

9 to enforce customs laws.

69 to secure shoing malls against terrorists.

C9 to arrest ersons committing rebellion.

39 to raid a susected ha4en of lawless elements.

/*9 ass media in the Philiines may be owned and managed by

9 cororations wholly owned and managed by 'iliinos.

69 cororations *)$ owned by 'iliinos.

C9 cororations wholly owned by 'iliinos.

39 cororations *)$ owned and managed by 'iliinos.

//9 Procedural due rocess in administrati4e roceedings

9 reBuires the tribunal to consider the e4idence resented.

69 allows the losing arty to file a motion for reconsideration.

C9 reBuires hearing the arties on oral argument.

39 ermits the arties to file memoranda.

/89 7he Constitution rohibits cruel and inhuman unishments which in4ol4e

9 torture or lingering suffering.

69 rimiti4e and gross enalties.

C9 unusual enal methods.

39 degrading and Bueer enalties.

/E9 Dudge 5loyd was charged with serious misconduct before the Sureme Court. 7he Court foundhim guilty and ordered him dismissed. 6elie4ing that the decision was not immediately eecutory, hedecided a case that had been submitted for resolution. 7he decision became final and eecutory. 6utthe losing arty filed a certiorari action with the Court of eals see;ing to annul the writ ofeecution issued in the case and bar Dudge 5loyd from further acting as <udge. Can the relief againstDudge 5loyd be granted



9 o, Dudge 5loyd?s right to stay as <udge may be challenged only by direct roceeding, notcollaterally.

69 es, the action against Dudge 5loyd may be consolidated with the case before the Courtof eals and decided by it.

C9 es, Dudge 5loyd ?s right to stay as <udge may be challenged as a necessary incident ofthe certiorari action.

39 o, the losing arty has no standing to challenge Dudge 5loyd?s right to stay as <udge.

8)9 0ecuti4e Secretary Chua issued an order rohibiting the holding of rallies along endiolabecause it hamers the traffic flow to alacanang. grou of militants Buestioned the order forbeing unconstitutional and filed a case against Secretary Chua to restrain him from enforcing theorder. Secretary Chua raised state immunity from suit claiming that the state cannot be sued withoutits consent. Is the claim correct

9 o, ublic officers may be sued to restrain him from enforcing an act claimed to be

unconstitutional.

69 es, the order was not a rorietary act of the go4ernment.

C9 o, only the resident may raise the defense of immunity from suit.

39 es, Secretary Chua cannot be sued for acts done in ursuance to his ublic office.

819 nton was the duly elected ayor of 7unawi in the local elections of %))(. =e got #1$ of all the4otes cast. 'ourteen months later, !ictoria, who also ran for mayor, filed with the 5ocal 0lection@egistrar, a etition for recall against nton. 7he C&050C aro4ed the etition and set a date forits signing by other Bualified 4oters in order to garner at least %#$ of the total number of 6ar

0amination >uestionnaire for Political 5aw Set registered 4oters or total number of those whoactually 4oted during the local election in %))#, whiche4er is lower. nton attac;ed the C&050Cresolution for being in4alid. 3o you agree with nton

9 o, the etition, though initiated by <ust one erson, may be ratified by at least %#$ ofthe total number of registered 4oters.

69 o, the etition, though initiated by <ust one erson may be ratified by at least %#$ ofthose who actually 4oted during the %))( local elections.

C9 es, the etition should be initiated by at least %#$ of the total number of registered4oters who actually 4oted during the %))( local elections.

39 es,the etition should be initiated by at least %#$ of the total number of registered4oters of 7unawi.

8%9 Hsing the descrition of the sulier of shabu gi4en by ersons who had been arrested earlierfor selling it, the olice conducted a sur4eillance of the area indicated. When they saw a man whofitted the descrition wal;ing from the aartment to his car, they aroached and fris;ed him and hedid not ob<ect. 7he search yielded an unlicensed gun tuc;ed on his waist and shabu in his car. Is thesearch 4alid



9 o, the man did not manifest any susicious beha4ior that would gi4e the olice sufficientreason to search him.

69 es, the olice acted on reliable information which ro4ed correct when they searchedthe man and his car.

C9 es, the man should be deemed to ha4e wai4ed his right to challenge the search whenhe failed to ob<ect to the fris;ing.

39 o, reliable information alone, absent any roof beyond reasonable doubt that the manwas actually committing an offense, will not 4alidate the search.

829 law interfering with the rights of the erson meets the reBuirements of substanti4e duerocess when

9 the means emloyed is not against ublic olicy.

69 it is in accord with the rescribed manner of enforcement as to time, lace, and erson.

C9 all affected arties are gi4en the chance to be heard.

39 the interest of the general ublic, as distinguished from those of a articular case,reBuires such interference.

8(9 <udge of the @egional 7rial Court deri4es his owers and duties from

9 statute.

69 the President, the aointing ower.

C9 Sureme Court issuances.

39 the rules of court.

8#9 When an electi4e official?s re4enti4e susension will result in deri4ing his constituents of hisser4ices or reresentation, the court may

9 reBuire the in4estigating body to eedite the in4estigation.

69 hold in abeyance the eriod of such susension.

C9 direct the holding of an election to fill u the temorary 4acancy.

39 shorten the eriod of such susension.

8*9 When the State reBuires ri4ate cemeteries to reser4e 1)$ of their lots for burial of the oor, iteercises its

9 eminent domain ower.



69 Aoning ower.

C9 olice ower.

39 taing ower.

8/9 In the 4alid eercise of management rerogati4e consistent with the comany?s right to rotectits economic interest, it may rohibit its emloyees from

9 <oining rallies during their wor; shift.

69 marrying emloyees of cometitor comanies.

C9 ublicly con4erging with atrons of cometitor comanies.

39 atroniAing the roduct of cometitor comanies.

889 7he President issued an eecuti4e order directing all deartment heads to secure his consentbefore agreeing to aear during Buestion hour before Congress on matters ertaining to theirdeartments. Is the eecuti4e order unconstitutional for suressing information of ublic concern

9 o, because those deartment heads are his alter egos and he is but eercising his rightagainst self-incrimination.

69 es, the President cannot control the initiati4e of the deartment heads to conform withthe o4ersight function of Congress.

C9 es, the President cannot withhold consent to the initiati4e of his deartment heads as itwill 4iolate the rincile of chec; and balance.

39 o, the President has the ower to withhold consent to aearance by his deartmentheads during Buestion hour.

8E9 When the President contracted a ersonal loan during his incumbency, he may be sued for sumof money

9 during his term of office.

69 during his tenure of office.

C9 after his term of office.

39 after his tenure of office.

E)9 7he Senate 6lue @ibbon Committee summoned F, a former deartment secretary, to shed lighton his alleged illicit acBuisition of roerties claimed by the Presidential Commission on +ood+o4ernment. F sought to restrain the Committee from roceeding with its in4estigation because of aending criminal case against him before the Sandiganbayan for ill-gotten wealth in4ol4ing the sameroerties. 3ecide. 7he in4estigation may



9 not be restrained on ground of searation of owers.

69 be restrained on ground of re<udicial Buestion.

C9 not be restrained on ground of resumed 4alidity of legislati4e action.

39 be restrained for being sub <udice.

E19 go4ernment that actually eercises ower and control as oosed to the true and lawfulgo4ernment is in terms of legitimacy

9 a go4ernment of force.

69 an interim go4ernment.

C9 a de facto go4ernment.

39 an illegitimate go4ernment.

E%9 7he Secial Committee on aturaliAation is headed by

9 the Secretary of Dustice.

69 the Secretary of 'oreign ffairs.

C9 the ational Security d4iser.

39 the Solicitor +eneral.

E29 7he President issued Proclamation E#1/ declaring a state of emergency and calling the armedforces to immediately carry out necessary measures to suress terrorism and lawless 4iolence. Inthe same roclamation, he directed the go4ernment?s temorary ta;eo4er of the oerations of allri4ately owned communication utilities, rescribing reasonable terms for the ta;eo4er. Is theta;eo4er 4alid

9 es, it is an imlied ower flowing from the President?s eercise of emergency ower.

69 o, it is a ower reser4ed for Congress alone.

C9 es, sub<ect to ratification by Congress.

39 o, it is a ower eclusi4ely reser4ed for the Peole?s direct action.

E(9 candidate for Senator must be at least 2# years old on

9 the day he is duly roclaimed.

69 the day the election is held.

C9 the day he files his certificate of candidacy.



39 the day he ta;es his oath of office.

E#9 7he &ffice of the Secial Prosecutor may file an information against a ublic officer for graft

9 on its own initiati4e sub<ect to withdrawal of the information by the &mbudsman.

69 indeendently of the &mbudsman, ecet in lunder cases.

C9 only when authoriAed by the &mbudsman.

39 indeendently of the &mbudsman.

E*9 Since the Constitution is silent as to who can aoint the Chairman of the Commission on=uman @ights, the President aointed W to that osition without submitting his aointment to theCommission on ointments for confirmation. Is WOs aointment by the President 4alid

9 o, since the osition of Chairman of the Commission was created by statute, theaointment of its holder reBuires the consent of Congress.

69 es, since the ower to aoint in the go4ernment, if not lodged elsewhere, belongs tothe President as Chief 0ecuti4e.

C9 es, since the ower to fill u all go4ernment ositions mentioned in the Constitution hasbeen lodged in the President.

39 o, because absent any eress authority under the Constitution, the ower to aointdoes not eist.

E/9 7he Chief Dustice aointed F, the PresidentOs sister, as ssistant Court dministrator in theSureme Court during the President?s tenure. Claiming that the Constitution rohibits theaointment in go4ernment of a PresidentOs relati4e, a taayer as;s for its nullification. Will thechallenge roser

9 es, since the aointment essentially 4iolates the law against neotism.

69 es, because relati4es of the President within the fourth ci4il degree cannot be aointedas heads of offices in any deartment of go4ernment.

C9 o, F?s aointment, although in the go4ernment, is not in the 0ecuti4e 3eartment thatthe President heads.

39 o, the osition to which F was aointed is not among those rohibited under theConstitution.

E89ay an incumbent Dustice of the Sureme Court be disbarred as a lawyer

9 o, it will amount to remo4al.

69 o, his membershi in the bar is secure.



C9 es, by the Sureme Court itself.

39 es, by Congress in <oint session.

EE9 ayor 5ucia of Casidsid filed her certificate of candidacy for congresswoman of the districtco4ering Casidsid. Still, she continued to act as mayor of Casidsid without collecting her salaries as

such. When she lost the election and a new mayor assumed office, she filed an action to collect thesalaries she did not get while ser4ing as mayor e4en when she ran for congresswoman. Is her actioncorrect

9 o, salaries can be wai4ed and she wai4ed them.

69 o, because her acts as de facto officer are 4oid insofar as she is concerned.

C9 es, ublic olicy demands that a de facto officer en<oy the same rights of a de <ureofficer.

39 . es, it is but <ust that she be aid for the ser4ice she rendered.

1))9 F, a 'iliino and , an merican, both teach at the International Institute in anila. 7he institutega4e F a salary rate of P1,))) er hour and , P1,%#) er hour lus housing, transortation,shiing costs, and lea4e tra4el allowance. 7he school cited the dislocation factor and limited tenureof to <ustify his high salary rate and additional benefits. 7he same ac;age was gi4en to the otherforeign teachers. 7he 'iliino teachers assailed such differential treatment, claiming it isdiscriminatory and 4iolates the eBual rotection clause. 3ecide.

9 7he classification is based on suerficial differences.

69 7he classification undermines the "'iliino 'irst" olicy.

C9 7he distinction is fair considering the burden of teaching abroad.

39 7he distinction is substantial and uniformly alied to each class.


S$ A

MULTIPLE C%OICE &UESTIONS 'MC&#(INSTRUCTIONS

7he following Buestionnaire consists of one hundred 1))9 C>s numbered 1 u to 1)) contained in7W07 7W& %%9 ages.

nswer each Buestion on the C> nswer Sheet by shading comletely the aroriate circlecorresonding to the letter you ha4e chosen. @ead the ar;ing Instructions on the nswer Sheet9



4oid erasures on the nswer Sheet. If you need to ma;e corrections, erase comletely the answeryou want to change.

3o not elain your answers in the C> ortion of the eam. ou will not earn any credit for that.

Mee the nswer Sheet clean. 3o not ma;e unnecessary mar;s on it. 3o not fold, roll, scratch,

crumle or tear it.

ou may write on the Buestionnaire and use it as scratch aer but ma;e sure to transfer youranswer to the nswer Sheet. Pro4ide amle time to transfer the answers if you choose to do this.

nswer first the C>s comletely before going to the essay-tye Buestions.

=3 I &H@ SW0@ S=007. 7=0@0 IS & 003 7& @07H@ 7=IS >H0S7I&I@0 7&7=0 =03 W7C=0@.

+&&35HCM

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT MARTIN S. VILLARAMA) *R.

Chairperson!" #ar $%aminations Committee

PLEASE C%EC+ T%AT T%IS SET CONTAINS TWENT, T%REE '2-( PAES 'INCLUDIN T%ISPAE(.

WARNIN/ NOT FOR SALE OR UNAUT%ORIED USE

POLITICAL AND INTERNATIONAL LAW

1. Constitution is defined by Cooley as:

a. a body of statutory, administrati4e and olitical ro4isions by which the threebranches of go4ernment are defined

b. a body of rules and maims in accordance with which the owers of so4ereignty arehabitually eercised

c. a body of rules and edicts emanating from the rulings of courts and written guidelinesof the eecuti4e and the legislature by which go4ernment is go4erned

d. a body of interretations and rules by which the three branches of go4ernment are <udged for uroses of so4ereign comliance with good cororate go4ernance.

%. 7he three essential arts of a Constitution are:

a. the bill of rights, go4ernmental organiAation and functions, and method ofamendment



b. the reamble, the bill of rights, and ro4isions on chec;s and balances

c. the national territory, the declaration of rinciles and state olicies, and thetransitory ro4isions

d. the eecuti4e deartment, the legislati4e deartment and the <udiciary.

2. 7he constitutional ro4ision on initiati4e and referendum is not self-eecutory. 7his is sobecause it reBuires:

a. an imlementing resolution from the C&050C

b. an imlementing resolution from the Sureme Court

c. an imlementing legislation

d. an imlementing resolution from the arty-list reresentati4e of the =ouse of@eresentati4es.

(. In an amendment to the constitution by "initiati4e and referendum", the "initiati4e" hase ismeant that the eole roose the amendments. 7here is a 4alid roosal when aroosition has recei4ed the aro4al of:

a. at least 2$ of the ersons of ma<ority age of each district, and 1%$ of the registered4oters of the region from roosal emanates

b. at least 2$ of the registered 4oters of each ro4ince and 1%$ of the total number ofregistered 4oters nationwide

c. at least 2$ of the registered 4oters of each district and 1%$ of the total number ofregistered 4oters nationwide

d. more than 2$ of the 2$ of the registered 4oters of each district but less than 1%$ ofthe total number of registered 4oters nationwide.

#. 7he Constitution declares that the Philiines is a reublican state. @eublicanism means:

a. the form of go4ernment must be residential

b. the reresentati4es of the go4ernment are elected by the eole

c. so4ereignty resides in the elected reresentati4es of the go4ernment

d. the form of go4ernment cannot be changed by the eole.

*. chief characteristic of the residential form of go4ernment is:

a. concentration of ower in the <udiciary thru the ower of eanded <udicial re4iew

b. suremacy of the residency comared to the totality of owers of the legislati4e



c. regular eriodic election of the President for a fied term

d. unlimited term for the President for as long as elected by the eole in free andhonest elections.

/. Which of the following best eemlifies how the system of chec;s and balances is carried

out:

a. the legislature asses a law that rohibits the resident from commuting a <udiciaryimosed sentence, as a chec; of the resident

b. the President ardons a con4ict as a way to set aside or modify a <udgment of the <udiciary

c. the <udiciary o4erturns a ardon granted by the President as a chec; on eecutions

d. the President ardons an accused after arraignment in the interest of <ustice.

8. Which hrase best comletes the statement U 7he starting oint of the rincile of searationof owers is the assumtion of the di4ision of the functions of go4ernment into three distinctclasses:

a. the bill of rights, state olicies, and social <ustice and human rights

b. the accountability of ublic officers, the constitutional commissions, and the nationaleconomy and atrimony

c. the self-eecuting ro4isions, the non-self-eecuting ro4isions, and the self-e4identsocial <ustice ro4isions

d. the eecuti4e, the legislati4e, and the <udicial.

E. 7he Constitution ro4ides that the "searation of church and state shall be in4iolable." 7his isimlemented most by the constitutional rinciles embodied in:

a. the free eercise clause

b. the non-establishment clause

c. the freedom of religious belief clause

d. the freedom of religion clause.

1). Which one of the following is a non-self-eecuting ro4ision of the Constitution:

a. no law shall be assed abridging the freedom of seech

b. no law shall be made resecting an establishment of religion

c. no erson shall be held to answer for a criminal offense without due rocess of law



d. the state shall encourage and suort researches and studies on the arts andculture.

11. 6asic Philiine law, in resect of the modes of acBuiring citiAenshi, follows the rules9 of:

a. <us soli and <us sanguinis

b. naturaliAation and ro4ides for <us soli

c. <us sanguinis and ro4ides for naturaliAation

d. none of the abo4e.

1%. 3ual allegiance by citiAen is:

a. inimical to the national interest and is therefore roscribed by law

b. inimical to the national interest and is therefore rescribed by law

c. inimical to the national interest and therefore shall be dealt with by law

d. inimical to the national interest and is therefore outside of co4erage of law.

12. argarita was born in 1E8* to a 'iliino mother and Swedish father. She has been li4ing andcontinues to li4e in the HS for the last %) years and has also been naturaliAed as a HScitiAen. She recently reacBuired Philiine citiAenshi under @ E%%#, the CitiAenshi@etention and @eacBuisition ct of %))2. Can argarita 4ote in the net national elections

a. es. 3ual citiAens who are not residents may register under the &4erseas bsentee!oting 5aw.

b. es. argarita is a 'iliino citiAen and thus may en<oy the right to suffrage li;ee4eryone else without registering as an o4erseas absentee 4oter.

c. o. argarita fails the residency reBuirement under Section 1, rticle ! of theConstitution for 'iliinos.

d. o. 3ual citiAens uon renunciation of their 'iliino citiAenshi and acBuisition offoreign citiAenshi, ha4e ractically and legally abandoned their domicile andse4ered their legal ties to their homeland as a conseBuence.

1(. Identify which one is an in4alid eercise of the legislati4e ower:

a. legislation by local go4ernment on urely local matters

b. law granting an administrati4e agency the ower to define olicy and fi standards onrice control



c. law authoriAing the President, in times of war or other national emergency, for alimited eriod, sub<ect to rescribed restrictions, to eercise owers necessary androer to carry out a declared national olicy

d. law authoriAing the President to fi, within secific limits, tariff rates, imort andeort Buotas, and other duties, within the framewor; of the national de4eloment

rogram of the go4ernment.

1#. Which one of the following theories does not suort the 4alid delegation of authority by theCongress to an administrati4e agency:

a. an administrati4e agency may "fill u the details" of a statute

b. the legislature may lea4e to another body the ascertainment of facts necessary tobring the law into actual oeration

c. an administrati4e agency has eBual eertise with the legislature in crafting andimlementing laws

d. contingent legislation.

1*. 7he rule in rticle !1, Section # 29 of the Constitution that "0ach legislati4e district shallcomrise, as far as racticable, contiguous, comact and ad<acent territory" is a rohibitionagainst:

a. re-aortionment

b. commandeering of 4otes

c. gerrymandering

d. re-districting.

1/. rticle !1, Section #29 of the Constitution reBuires that for a city to be entitled to ha4e atleast one reresentati4e, its oulation shall be at least:

a. %#),)))

b. 1#),)))

c. 1)),)))

d. 1/#,))).

18. Senator or ember of the =ouse of @eresentati4es shall be ri4ileged from arrest whileCongress is in session for all offenses unishable by imrisonment of not more than:

a. life imrisonment

b. reclusion eretua



c. si years imrisonment

d. four years imrisonment.

1E. o Senator or member of the =ouse of @eresentati4es may ersonally aear as counselbefore:

a. any regional court

b. any court of <ustice

c. any inferior court

d. any aellate court.

%). Which of the following can be changed by an ordinary law enacted by Congress

a. Commencement of the term of office of Senators

b. 3ate of regular election for President and !ice Presidential

c. uthority to transfer aroriation

d. @egular election of the members of Congress.

%1. Congress shall ha4e the sole ower to declare the eistence of a state of war by 4ote of:

a. three-fourths of both =ouses in <oint session assembled, 4oting <ointly

b. two-thirds of both =ouses in <oint session assembled, 4oting <ointly

c. two-thirds of both =ouses in searate session assembled, 4oting <ointly

d. two-thirds of both =ouses in <oint session, 4oting searately.

%%. If by the end of any fiscal year, the Congress shall ha4e failed to ass the generalaroriations bill for the ensuring fiscal year, the general aroriations law for thereceding fiscal year shall be deemed:

a. referred

b. unacted

c. refilled

d. re-enacted.

%2. Pro4isions unrelated to an aroriation bill are considered rohibited. 7hese are called:



a. interloers

b. riders

c. outriggers

d. add-ons.

%(. 7he reBuirement that "04ery bill shall embrace only one sub<ect which shall be eressed inthe title thereof" re4ents:

a. rollercoaster legislation

b. log-rolling legislation

c. rolling fields legislation

d. loggerhead legislation.

%#. 7he ower of the President to 4eto any articular art in an aroriation re4enue, or tariffbill, is called the:

a. secific 4eto

b. re4enue 4eto

c. item 4eto

d. monetary 4eto.

%*. ta is rogressi4e when:

a. the rate fluctuates as the ta base decreases

b. the rate increases as the ta base remains the same

c. the rate increases as the ta base increases

d. the rate decreases as the ta base increases.

%/. When the Sureme Court sits en banc, cases are decided by the concurrence of a ma<ority

of the members who:

a. actually sent in memos on matters for deliberation and called in their 4otes thereon

b. actually articiated in the oral arguments and 4oted thereon

c. actually too; art in the deliberations on the issues in the case and 4oted thereon



d. actually too; art in the 4oting thereon and too; notes on the actual deliberations.

%8. When the Sureme Court sits in di4ision, cases can be decided by as few as a minimum of:

a. three 4otes

b. four 4otes

c. fi4e 4otes

d. si 4otes.

%E. erson who has a ersonal and substantial interest in the case, such that he hassustained, or will sustain, direct in<ury as a result of its enforcement is considered to ha4e:

a. understanding to challenge the go4ernmental act

b. standing to challenge the go4ernmental act

c. oortunity to challenge the go4ernmental act

d. familiarity to challenge the go4ernmental act.

2). Congressman Sugar &ll authored a bill called =ouse 6ill o, ))#* which legaliAes <ueteng.When the 6ill became law @ 1)1#*9, 'r. osu +al, a riest, filed a etition see;ing for thenullification of @ 1)1#* on the ground that it is unconstitutional as it 4iolates Section 12,

rticle II, of the 1E8/ Constitution which states that "7he state recogniAes the 4ital role of theyouth in nation-building and shall romote and rotect their hysical, moral, siritual,intellectual, and social well-being". 'r. +al filed the etition as a concerned citiAen and astaayer. 3oes 'r. +al ha4e locus standi

a. o, because 'r. +al has no ersonal and substantial interest that will be re<udicedby the imlementation of the law

b. o, the law concerns neither citiAens nor eenditure of ublic funds

c. es, because the issue is of transcendental imortance

d. es, because as riest, 'r. +al has secial interest in the well-being of the youth.

21. Where there is "the imossibility of a courtOs underta;ing indeendent resolution withouteressing lac; of the resect due coordinate branches of go4ernment or an unusual needfor unBuestioning adherence to a olitical decision already made or the otentially ofembarrassment from multifarious ronouncement by 4arious deartments on a Buestion,"describes what ;ind of olitical Buestion:

a. adherence ;ind

b. rudential ;ind



c. resectful ;ind

d. deference ;ind.

2%. 7he "oerati4e fact" doctrine of constitutional law is alied when a law is declared:

a. oerati4e

b. factual

c. constitutional

d. unconstitutional.

22. 7he totality of go4ernmental ower is contained in three great owers:

a. olice ower, ower of seBuestration, ower of foreign olicy

b. ower of immigration, municial ower, legislati4e ower

c. eecuti4e ower, legislati4e ower, <udicial ower

d. olice ower, ower of eminent domain, ower of taation.

2(. 7he most essential, insistent and the least limitable of go4ernment9 owers, etending as itdoes to all the great ublic needs, is:

a. emergency ower

b. olice ower

c. legislati4e ower

d. ower to declare martial law.

2#. 2#. In the hierarchy of ci4il liberties, which right occuies the highest referred osition:

a. right to academic freedom

b. right to a balanced and healthful ecology

c. right to freedom of eression and of assembly

d. right to eBual health.

2*. In which of the following would there be no double <eoardy e4en if a subseBuent case isfiled



a. Pot is accused before the @7C of Bualified theft. fter innumerable ostonementsagainst PotOs wishes, he mo4es for dismissal for denial of the right to a seedy trial.Prosecutor ob<ected. 3ismissal granted

b. Pot is accused before the @7C of Bualified theft. fter innumerable ostonementsagainst PotOs wishes, the rosecutor mo4es for dismissal with the consent of Pot.

+ranted

c. Pot is accused before the @7C of Bualified theft. fter innumerable ostonementsagainst PotOs wishes, he mo4es for dismissal for denial of the right to a seedy trial.Prosecutor osts no ob<ections. 3ismissal granted

d. Pot is accused before the @7C of Bualified theft. fter innumerable ostonementsagainst PotOs wishes, the rosecutor mo4es for dismissal o4er the ob<ections of Pot.+ranted.

2/. Hnder rticle III, Section % of the 6ill of @ights, which ro4ides for the eclusion of e4idencethat 4iolate the right to ri4acy of communication and corresondence, to come under the

eclusionary rule, the e4idence must be obtained by:

a. ri4ate indi4iduals acting on their own

b. go4ernment agents

c. ri4ate indi4iduals acting on orders of sueriors

d. former high go4ernment officials.

28. 7he comlementing regime that best characteriAes the guarantees of freedom of seech andof the ress are:

a. rior unishment and moderate unishment

b. rior censorshi and subseBuent remedies

c. no rior restraint and subseBuent unishment

d. no rior restraint and no subseBuent unishment.

2E. 7he free eercise and non-establishment clauses ertain to which right under the 6ill of@ights:

a. liberty of mo4ement

b. liberty of abode

c. religion

d. life and liberty.



(). 7he +angnam StyleOs Witnesses whose tenets are derogatory to the Catholic Church9,alied for a ermit to use the ublic laAa and ;ios; to hold their religious meeting on theoccasion of their founding anni4ersary. ayor 5ebron allowed them to use the northwesternart of the laAa but not the ;ios; which is a few meters away from the Catholic church9.embers of the +angnam Style Witnesses claim that the act of ayor 5ebron is a 4iolationof their freedom of assembly and religion. Is this correct

a. o, because this is 4alid eercise of olice ower

b. es, because the laAa being of ublic use can be used by anybody regardless ofreligious belief

c. o, because historical eerience shows that eace and order may be disturbedwhene4er two oosing religious grous or beliefs eound their dogmas

d. es, because there is no clear and resent danger in holding a religious meeting byanother religious grou near a catholic church.

(1. Which one is &7 a recogniAed limitation to the right to information on matters of ublicconcern:

a. national security matters

b. trade secrets and ban;ing transactions

c. criminal matters or classified law enforcement matters

d. go4ernment research data used as a basis for olicy de4eloment.

(%. Which one of the following circumstances is &7 an element of ta;ing under eminent

domain:

a. entering uon ublic roerty for a momentary eriod

b. under color of legal authority

c. de4oting it to ublic use

d. as substantially to cust the owner of all beneficial ownershi.

(2. ar;et 4alue for uroses of determining <ust comensation in eminent domain has beendescribed as the fair 4alue of roerty:

a. between one who desires to urchase and one does not desire to sell

b. between one who desires to urchase and one who wants to delay selling

c. between one who desires to urchase and one who desires to sell



d. between one who desires to urchase on terms and one who desires to sell after aeriod of time.

((. Hnder rticle III, Section 1% of the Constitution, any erson under in4estigation for thecommission of an offense shall ha4e the right to be informed of his right to remain silent, etc.7he in4estigation referred to is called:

a. reliminary in4estigation

b. summary in4estigation

c. criminal in4estigation

d. custodial in4estigation.

(#. ll ersons charged shall, before con4iction, be bailable by sufficient sureties, ecet thosecharged with:

a. offenses unishable by death when e4idence of guilt is strong

b. offenses unishable by life imrisonment when e4idence of guilt is strong

c. offenses unishable by death when e4idence of guilt is wea;

d. offenses unishable by reclusion eretua when e4idence of guilt is strong.

(*. Criminal trial may roceed, notwithstanding the absence of the accused ro4ided that he hasbeen duly notified, and his failure to aear is un<ustifiable, after:

a. reliminary in4estigation

b. arraignment

c. sentencing

d. rosecution has rested its case.

(/. 7he reBuisites of a 4alid trial in absentia eclude:

a. Wherein hisGher failure to aear is un<ustifiable

b. Wherein heGshe allows himselfGherself to be identified by the witness in hisGherabsence, without further unBualified admitting that e4ery time a witness mentions aname by which heGshe is ;nown, it shall be understood to refer to himGher

c. Wherein heGshe has been duly notified of the trial

d. Wherein the accused has already been arraigned.

(8. 7he ri4ilege of the writ of habeas corus shall not be susended ecet in cases of:



a. imminent danger of in4asion or rebellion when the ublic safety reBuires it

b. gra4e danger of in4asion or rebellion when the ublic safety reBuires it

c. clear and resent danger of in4asion or rebellion when the ublic safety reBuires it

d. in4asion or rebellion when the ublic safety reBuires it.

(E. 7he right of the accused against self-incrimination will be 4iolated if:

a. he is charged with 4iolation of the nti-oney 5aundering ct and he was reBuired toroduce his ban; assboo;

b. he is a ublic officer charged with amassing ill-gotten wealth and his statement ofassets and liabilities will be resented as e4idence

c. his gun was sub<ected to a ballistics test

d. a samle of his blood was ta;en if his blood tye matches the blood tye found at thescene of the crime.

#). 7he death enalty shall not be imosed:

a. unless for comelling reasons in4ol4ing death enalty crimes and the eecuti4ehereafter ro4ides for it

b. unless for comelling reasons in4ol4ing heinous crimes and a constitutionalamendment ro4ides for it

c. unless for comelling reasons in4ol4ing heinous crimes and Congress hereafterro4ides for it

d. unless for comelling reasons in4ol4ing heinous crimes and the Sureme Courthereafter uholds it.

#1. n e ost facto law has been defined as one:

a. which aggra4ates a crime or ma;es it lesser than when it was committed

b. which mitigates a crime or ma;es it lesser than when it was committed

c. which aggra4ates a crime or ma;es it greater than when it was committed

d. which aggra4ates a crime or ma;es it non-criminal after it was committed.

#%. bill of attainder is:

a. an eecuti4e act which inflicts unishment without tender

b. a <udicial act which inflicts unishment without tender



c. a legislati4e act which inflicts unishment without trial

d. a legislati4e act which ardons unishment after tender.

#2. Which one of the following is &7 an indeendent Constitutional Commission under rticleIF, Section 1 of the Constitution:

a. Commission on 0lections

b. Commission on =uman @ights

c. Ci4il Ser4ice Commission

d. Commission on udit.

#(. 7he indeendent Constitutional Commissions en<oy:

a. decisional autonomy

b. organiAational autonomy

c. fiscal autonomy

d. Buasi-<udicial autonomy.

##. 7he Ci4il Ser4ice shall be administered by the Ci4il Ser4ice Commission comosed of a:

a. Chairman and a Commissioner

b. Chairman and two %9 Commissioners

c. Chairman and three 29 Commissioners

d. Chairman and four (9 Commissioners.

#*. In &osa 4s. 'actoran, Dr., +.@. o. 1)1)82, Duly 2), 1EE2, the Sureme Court held that theersonality of the etitioners to sue is based on the concet of:

a. ecological resonsibility

b. en4ironmental accountability

c. intergenerational resonsibility

d. interdiscilinary resonsibility.

#/. In a unitary system of go4ernment, such as the go4ernment under the Philiine Constitutor,local go4ernment can only be:



a. an imeruim in imerio

b. an infa-so4ereign subdi4ision

c. a so4ereign nation

d. a so4ereign entity.

#8. Which one is &7 among the Constitutionally mandated grounds for imeachment ofimeachable officials:

a. culable 4iolation of the Constitution

b. treason, bribery, graft and corrution and other high crimes

c. betrayal of ublic trust

d. culable 4iolation of the duty to be at all times accountable to the eole.

#E. Which is &7 an imeachable ublic officer:

a. a <ustice of the Sureme Court

b. a commissioner of the Comelec

c. the administrator of the Sureme Court

d. the &mbudsman.

*). Which has the eclusi4e ower to initiate all cases of imeachment:

a. the Senate

b. the =ouse of @eresentati4es

c. the Senate President

d. the Sea;er of the =ouse of @eresentati4es.

*1. t least one-third of all the members of the =ouse of @eresentati4es may file articles ofimeachment by:

a. 4erified bill and resolution

b. 4erified comlaint and resolution

c. 4erified notice and resolution

d. 4erified comlaint and notice.



*%. 7he President cannot grant ardon in cases of imeachment. =e may howe4er eercisesuch ower when:

a. erson con4icted in an imeachment roceeding is sub<ect to rosecution, trial andunishment in an ordinary criminal action

b. erson con4icted in an imeachment roceeding is granted an absolute ardon

c. erson con4icted in an imeachment roceeding files his aeal before theSureme Court

d. one of the abo4e.

*2. ublic officer imeached and remo4ed from office shall:

a. ne4ertheless be immure from rosecution, trial and unishment according to law

b. ne4ertheless be liable and sub<ect to rosecution, trial and unishment under the nti-+raft and Corrut Practices ct

c. ne4ertheless be liable and sub<ect to rosecution, trial and unishment according tolaw

d. ne4ertheless be liable and sub<ect to rosecution, trial and unishment only forcriminal acts under the law.

*(. 7he &mbudsman and his deuties are aointed by the President from a list reared by:

a. the Integrated 6ar of the Philiines

b. the Commission on ointments

c. the Dudicial and 6ar Council

d. the Sureme Court.

*#. S5 means:

a. Summary of assets, liabilities and net worth

b. Statement of assets in ban;s, liabilities and net worth

c. Statement of assets, liabilities and net worth

d. Statement of ersonal assets, liabilities and net worth.

**. 7he indeendent economic lanning agency of the +o4ernment as ro4ided for by theConstitution is the:

a. ational Pri4atiAation &ffice



b. ational Producti4ity Commission

c. ational 0conomic 3e4eloment uthority

d. ational 0conomic Council.

*/. 7he Indeendent Central onetary uthority of the +o4ernment is the:

a. 6an;ers ssociation of the Philiines

b. Philiine ission of the International onetary 'und

c. Central 6an; of the Philiines

d. World 6an;, Philiine ffiliate.

*8. 7he President may contract or guarantee foreign loans on behalf of the @eublic of thePhiliines only uon rior concurrence of the:

a. =ouse of @eresentati4es

b. Senate

c. Central 6an;

d. onetary 6oard.

*E. 6ona fide associations of citiAens which demonstrate caacity of romote the ublic interestand with identifiable leadershi, membershi, and structure are:

a. indeendent arty-list organiAations

b. indeendent sectoral organiAations

c. indeendent indigenous organiAations

d. indeendent eoleOs organiAations.

/). 7he rincial function of the Commission on =uman @ights is:

a. issue writs of in<unctionG restraining orders

b. in4estigatory

c. Buasi-<udicial

d. rule-ma;ing.

/1. &tional religious instruction in ublic elementary and high schools is allowed ro4ided it be:



a. without additional o4ertime cost to +o4ernment

b. without additional cost to +o4ernment

c. without additional cost for religious boo;s to +o4ernment

d. without additional ower consumtion costs to +o4ernment.

/%. cademic freedom shall be en<oyed:

a. in all ublic institutions

b. in all elementary and high schools

c. in all schools

d. in all institutions of higher learning.

/2. Hnder rticle 2819 of the Statute of the International Court of Dustice, which one of thefollowing is &7 considered a source of international law:

a. international con4entions

b. international custom

c. international humanitarian law

d. general rinciles of law.

/(. In international law, it is a norm which States cannot derogate or de4iate from theiragreements:

a. terra nullius

b. oinio <uris

c. <us cogens

d. <us cogentus.

/#. In international law, the status of an entity as a State is acceted by other States through this

act. It is the "act by which another State ac;nowledges that the olitical entity recogniAedossesses the attributes of statehood."

a. accession

b. recognition

c. ac;nowledgment



d. attribution.

/*. n act or rocess by which a State, in comliance with a formal demand or reBuest,surrenders to another State an alleged offender or fugiti4e criminal who has sought refuge inthe territory of the first State, in order to stand trial or comlete his rison term:

a. etramediation

b. eterrertioriality

c. etradition

d. etraterritoriality.

//. 7his doctrine considers the general or customary norms of international law as a art ofmunicial law and are to be enforced as such, without regard as to whether they are enactedas statutory or legislati4e rules or not:

a. accession

b. incororation

c. accretion

d. adotion.

/8. Hnder the Hnited ations Conference of the 5aw of the Sea HC5&S9, the etent of thecontiguous Aone is:

a. 2 nautical miles from the lowest water mar;

b. 1% miles from the outer limits

c. 1% miles from the lowest water mar;

d. %)) miles from the outer limits.

/E. It is a line from which the breadth of the territorial sea and other maritime Aones is measured:

a. contiguous line

b. economic line

c. baseline

d. archielagic line.

8). It is a maritime Aone ad<acent to the territorial seas where the coastal state may eercisecertain rotecti4e <urisdiction:



a. baseline Aone

b. contiguous Aone

c. transit Aone

d. aurtenant Aone.

81. 6utchoy installed a <umer cable. =e was rosecuted under a a;ati ordinance enaliAingsuch act. =e mo4ed for its dismissal on the ground that the <umer cable was within theterritorial <urisdiction of andaluyong and not a;ati. 7he case was dismissed. 7he City ofandaluyong thereafter filed a case against him for theft under the @e4ised Penal Code@CP9. Is there double <eoardy

a. o. 7he first <eoardy was terminated with his eress consent

b. es. 7his is double <eoardy of the second ;ind U rosecution for the same act underan ordinance and a law

c. es. =e is rosecuted for the same offense which has already been dismissed by theCity of a;ati

d. o. 7he second ;ind of double <eoardy under Section %1, rticle III onlycontemlates con4iction or acBuittal which could terminate a first <eoardy.

8%. &ne of the cardinal rimary due rocess rights in administrati4e roceedings is that e4idencemust be "substantial." "Substantial e4idence" is:

a. less than a mere scintilla

b. less than reonderant scintilla

c. more than a glint of scintilla

d. more than a mere scintilla.

82. statutory ro4ision reBuiring the President or an administrati4e agency to resent theroosed imlementing rules and regulations of a law to Congress which by itself or througha committee formed by it, retains a "right" or "ower" to aro4e or disaro4e suchregulations before they may ta;e effect, is a:

a. legislati4e encroachment

b. legislati4e 4eto

c. legislati4e o4ersight

d. legislati4e scrutiny.



8(. Which one of the enumeration below does not come under the dministrati4e Code definitionof a "rule":

a. agency statement of general alicability that imlements or interrets a law

b. fies and describes the rocedures in or ractice reBuirements of, an agency

c. includes memoranda and statements concerning internal administration

d. an agency rocess for the formulation of a final order.

8#. Hnder the dministrati4e Code, "ad<udication" means:

a. whole or any art of any agency ermit, certificate, or other form of ermission, orregulation of the eercise of a right or ri4ilege

b. an agency rocess for the formulation of a final order

c. agency rocess for the formulation, amendment, or reeal of a rule

d. agency rocess in4ol4ing the grant, renewal, denial, re4ocation or conditioning of alicense.

8*. 7he reBuirement of the dministrati4e Code on "ublic articiation" is that, if not otherwisereBuired by law, an agency shall:

a. in all cases, ublish or circulate notices of roosed rules and afford interestedarties the oortunity to submit their 4iews rior to the adotion of any rule

b. in all clear and roer cases, ublish or circulate notices of roosed rules and affordinterested arties the oortunity to submit their 4iews rior to the adotion of anyrule

c. as far as racticable, ublish or circulate notices of roosed rules and afford thearty-list arties the oortunity to submit their 4iews rior to the adotion of any rule

d. as far as racticable, ublish or circulate notices of roosed rules and affordinterested arties the oortunity to submit their 4iews rior to the adotion of anyrule.

8/. Hnder the dministrati4e Code, in the fiing of rates, no rules or final order shall be 4alidunless:

a. the roosed rates shall ha4e been submitted to the H.P. 5aw Center for ublicationat least two wee;s before the first hearing thereon

b. the roosed rates shall ha4e been ublished in the &fficial +aAette at least twowee;s before the final hearing thereon



c. the roosed rates shall ha4e been ublished in a newsaer of general circulationat least two wee;s before the first hearing thereon

d. the roosed rates shall ha4e been ublished in a newsaer of general circulationat least two wee;s before the final hearing thereon.

88. In the <udicial re4iew of decisions of administrati4e agencies, the dministrati4e CodereBuires that the re4iew shall be made:

a. on the basis of the leadings ta;en as a whole

b. on the basis of the record ta;en as a whole

c. on the basis of the e4idence ta;en as a whole

d. on the basis of the memoranda ta;en as a whole.

8E. In the <udicial re4iew of decisions of administrati4e agencies, the dministrati4e CodereBuires that, ecet when secifically ro4ided otherwise by law:

a. the findings of law of agency when suorted by substantial e4idence, shall be final

b. the findings of fact of the agency when suorted by reonderant e4idence, shall befinal

c. the findings of fact of the agency when suorted by substantial e4idence, shall befinal

d. the findings of law of the agency when suorted by credible e4idence, shall be final.

E). 7he right of the accused to be informed is 4iolated if:

a. he was accused of ;illing his wife by strangulation but it was ro4en that his wife diedof oisoning

b. it was ro4en that he ;illed somebody on a date different from the one alleged in theinformation

c. he was charged with arricide but was con4icted of murder, because it turned outthat he and the 4ictim were not married

d. the accused was charged with commission of acts of lasci4iousness and wascon4icted of un<ust 4eation.

E1. criminal statute that "fails to gi4e a erson of ordinary intelligence fair notice that hiscontemlated conduct is forbidden by statute" is:

a. 4oid for fair notice

b. 4oid for arbitrariness



c. 4oid for 4agueness

d. 4oid conclusi4ely.

E%. "Chilling effect" is a concet used in the area of constitutional litigation affecting:

a. rotected seech

b. rotected eecuti4e ri4ilege

c. rotected legislati4e discretion

d. rotected <udicial discretion.

E2. In the law of libel and rotected seech, a erson who, by his accomlishments, fame, ormode of li4ing, or by adoting a rofession or calling which gi4es the ublic a legitimateinterest in his doings, his affairs, and his character, has become a:

a. ublic figure

b. celebrity

c. ublic official

d. de facto ublic officer.

E(. Which one of the following is not a roer test in cases of challenges to go4ernmental actsthat may 4iolate rotected seech:

a. clear and resent danger

b. balancing of interests

c. reasonable relation

d. dangerous tendency.

E#. Commercial seech is entitled to:

a. more rotection comared to other constitutionally guaranteed eression

b. eBual rotection comared to other constitutionally guaranteed eression

c. lesser rotection comared to other constitutionally guaranteed eression

d. none of the abo4e.

E*. o liability can attach to a false, defamatory statement if it relates to official conduct, unlessthe ublic official concerned ro4es that the statement was with ;nowledge that it was falseor with rec;less disregard of whether it was false or not. 7his is ;nown as what rule



a. libel malice rule

b. actual malice rule

c. malice in fact rule

d. legal malice rule.

E/. It is form of entrament. 7he method is for an officer to ose as a buyer. =e, howe4er,neither instigates nor induces the accused to commit a crime because in these cases, the"seller" has already decided to commit a crime. 7he offense haens right before the eyes of the officer. Hnder these circumstances:

a. there is a need for an administrati4e but not a <udicial warrant for seiAure of goodsand arrest of the offender

b. there is need for a warrant for the seiAure of the goods and for the arrest of theoffender

c. there is no need for a warrant either for the seiAure of the goods or for the arrest ofthe offender

d. the offender can be arrested but there is a need for a searate warrant for theseiAure of the goods.

E8. Where a olice officer obser4es unusual conduct which leads him reasonably to conclude inlight of his eerience that criminal acti4ity may be afoot and that the ersons with whom heis dealing may be armed and dangerous and he identifies himself and ma;es reasonableinBuiries, but nothing ser4es to disel his reasonable fear for his own or otherOs safety, he isentitled to conduct a carefully limited search of the outer clothing of such ersons for

weaons. Such search is constitutionally ermissible and is ;nown as a:

a. sto and search

b. sto and fris;

c. sto and interrogate

d. sto and detain.

EE. ccused was charged with slight illegal detention. &n the day set for the trial, the trial courtroceeded as follows:

"Court: to the accused:>: "3o you ha4e an attorney or are you going to leadguilty"

: "I ha4e no lawyer and i will lead guilty."

ccused was then arraigned, leaded guilty, was found guilty and sentenced. &n aeal, theSureme Court re4ersed. 7he accused was deri4ed of his:



a. right to cross-eamination

b. right to be resumed innocent

c. right to counsel

d. right to roduction of e4idence.

1)). 7he constitutional right of an accused "to meet the witnesses face to face" isrimarily for the urose of affording the accused an oortunity to:

a. identify the witness

b. cross-eamine the witness

c. be informed of the witness

d. be heard.

NOT%IN FOLLOWS

%AND IN ,OUR ANSWER S%EET.

T%ERE IS NO NEED TO RETURN T%IS &UESTIONNAIRE TO %EAD WATC%ER.

2012 BAR EXAMINATIONSPOLITICAL AND INTERNATIONAL LAW

/ &ctober %)1% 1) ..-1% .

S$ B

ESSA, T,PE &UESTIONSINSTRUCTIONS

7he following Buestionnaire consists of ten 1)9 Buestions numbered I to F9 contained in 'I!0 #9ages.

6egin your answer to each numbered Buestion on a searate age an answer to a sub-BuestionGs

under the same number may be written continuously on the same age and succeeding ages untilcomleted.

nswer the Buestion directly and concisely. 3o ot reeat the Buestion. Write legibly.

=3 I &H@ &706&&M. 7=0@0 IS & 003 7& @07H@ 7=IS >H0S7I&I@0 7& 7=0=03 W7C=0@.

+&&3 5HCM



TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT MARTIN S. VILLARAMA) *R.

Chairperson!" #ar $%aminations Committee

PLEASE C%EC+ T%AT T%IS SET CONTAINS SIX '6( PAES 'INCLUDIN T%IS PAE(.

WARNIN/ NOT FOR SALE OR UNAUT%ORIED USE

POLITICAL AND INTERNATIONAL LAW

I.

r. !iolet was con4icted by the @7C of 0stafa. &n aeal, he filed with the Court of eals aotion to 'i 6ail for Pro4isional 5iberty Pending eal. 7he Court of eals granted the motionand set a bail amount in the sum of 'i4e #9 illion Pesos, sub<ect to the conditions that he secure "acertificationGguaranty from the ayor of the lace of his residence that he is a resident of the area

and that he will remain to be a resident therein until final <udgment is rendered or in case hetransfers residence, it must be with rior notice to the court". 'urther, he was ordered to surrenderhis assort to the 3i4ision Cler; of Court for safe;eeing until the court orders its return.

a. r. !iolet challenges the conditions imosed by the Court of eals as 4iolati4e of hisliberty of abode and right to tra4el. 3ecide with reasons. #$9

b. re "liberty of abode" and "the right to tra4el" absolute rights0lain. What are the resecti4e ecetionGs to each right if any #$9

II.

4erified imeachment comlaint was filed by two hundred %))9 embers of the =ouse of@eresentati4es against adam Chief Dustice 6lue. 7he comlaint was immediately transmitted tothe Senate for trial.

a. adam Chief Dustice 6lue challenges such immediate transmittal to the Senate because the4erified comlaint 19 not included in the order of business of the =ouse, %9 was not referredto the =ouse Committee on Dustice for hearing and consideration for sufficiency in form andsubstance, and 29 was not submitted to the =ouse Plenary for consideration as enumeratedin Paragrah %9, Section 2, rticle FI of the 1E8/ Constitution. 3ecide with reasons. #$9

b. What is the urose of Imeachment 3oes con4iction re4ent further rosecution andunishment 0lain. 2$9

c. 0numerate the grounds for imeachment. Is graft and corrution a ground for imeachment%$9

III.

r. 6rown, a cigarette 4endor, was in4ited by P&1 White to a nearby olice station. Hon arri4ing atthe olice station, 6rown was as;ed to stand side-by-side with fi4e #9 other cigarette 4endors in aolice line-u. P&1 White informed them that they were loo;ing for a certain cigarette 4endor who



snatched the urse of a asser-by and the line-u was to allow the 4ictim to oint at the 4endor whosnatched her urse. o Buestions were to be as;ed from the 4endors.

a. 6rown, afraid of a "set u" against him, demanded that he be allowed to secure his lawyerand for him to be resent during the olice line-u. Is 6rown entitled to counsel 0lain#$9

b. Would the answer in a.9 be the same if 6rown was secifically in4ited by White because aneyewitness to the crime identified him as the eretrator 0lain. 2$9

c. 6riefly enumerate the so-called "iranda @ights". %$9

IV.

r. ellow and r. &range were the leading candidates in the 4ice-residential elections. fterelections, ellow emerged as the winner by a slim margin of 1)),))) 4otes. Hndaunted, &range fileda rotest with the Presidential 0lectoral 7ribunal P079. fter due consideration of the facts and theissues, the P07 ruled that &range was the real winner of the elections and ordered his immediate

roclamation.

a. ggrie4ed, ellow filed with the Sureme Court a Petition for Certiorari challenging thedecision of the P07 alleging gra4e abuse of discretion. 3oes the Sureme Court ha4e

<urisdiction 0lain. 2$9

b. Would the answer in a.9 be the same if ellow and &range were contending for a senatorialslot and it was the Senate 0lectoral 7ribunal S079 who issued the challenged ruling 2$9

c. What is the comosition of the P07 %$9

d. What is <udicial ower 0lain 6riefly. %$9

V.

Dudge @ed is the 0ecuti4e Dudge of +reen City. @ed is ;nown to ha4e corrut tendencies and has areutation widely ;nown among racticing lawyers for acceting bribes. &mbudsman +rey, wishingto "clean u" the go4ernment from errant ublic officials, initiated an in4estigation on the allegedirregularities in the erformance of duties of Dudge @ed.

a. Dudge @ed refused to recogniAe the authority of the &ffice of the &mbudsman o4er himbecause according to him, any administrati4e action against him or any court official oremloyee falls under the eclusi4e <urisdiction of the Sureme Court. 3ecide with reasons.#$9

b. 3oes the &mbudsman ha4e authority to conduct in4estigation o4er crimes or offensescommitted by ublic officials that are &7 in connection or related at all to the officialOsdischarge of his duties and functions 0lain. 2$9

c. Who are reBuired by the Constitution to submit a declaration under oath of his assets,liabilities, and net worth %$9

VI.



President 6lac; of the @eublic of Pasensya @P9 had a telehone con4ersation with President 6lueof the PeoleOs @eublic of ConBuerors P@C9. In that con4ersation, both leaders agreed that theywill both ull-out all their 4essels, ci4ilian or otherwise, sea crafts and other shis from the hotlydisuted Malmado Shoal area within eight 89 days in order to de-escalate the situation. fter eightdays, all @P shis and 4essels ha4e left the area. =owe4er, se4eral military and ci4ilian shiscarrying the P@C flag remained in the area and began construction of a doc; that could ro4ide fuel

and other sulies to 4essels assing by.

a. ssuming that President 6lac; and President 6lue both had full caacity to reresent theirstates and negotiate with each other under their resecti4e systems of go4ernment, andfurther assuming that both leaders ac;nowledge the eistence of the con4ersation, is the4erbal agreement 4ia telehone binding under international law 0lain. #$9

b. ssuming the answer to a.9 is in affirmati4e, does that agreement constitute a 7reaty underthe 1E*E !ienna Con4ention on the 5aw on 7reaties %$9

c. What are the sources of International 5aw %$9

d. What is opinio juris in International 5aw 1$9

VII.

ayor Pin; is eyeing re-election in the net mayoralty race. It was common ;nowledge in the townthat ayor Pin; will run for re-election in the coming elections. 7he deadline for filing of Certificate ofCandidacy CoC9 is on arch %2 and the camaign eriod commences the following day. &nemonth before the deadline, Pin; has yet to file her CoC, but she has been going around town gi4ingaway sac;s of rice with the words "ahal 7ayo ni ayor Pin;" rinted on them, holding ublicgatherings and sea;ing about how good the town is doing, gi4ing away in; t-shirts with "Mayayor Pin; ;o" rinted on them.

a. r. +reen is the olitical oonent of ayor Pin;. In ril, noticing that ayor Pin; hadgained ad4antage o4er him because of her acti4ities before the camaign eriod, he filed aetition to disBualify ayor Pin; for engaging in an election camaign outside the designatederiod.

a.1. Which is the correct body to rule on the matter Comelec en banc, or Comelec di4ision nswer with reasons. %$9

a.%. @ule on the etition. #$9

b. 3istinguish briefly between >uo Warranto in electi4e office and >uo Warranto in aointi4eoffice. 2$9

VIII.

a. What is the doctrine of "o4erbreath" In what contet can it be correctly alied otcorrectly alied 0lain #$9

b. What is the doctrine of "4oid for 4agueness" In what contet can it be correctly alied otcorrectly alied 0lain #$9



IX.

In a rotest rally? along Padre 'aura Street, anila, Pedrong Pula too; u the stage and beganshouting ";ayong mga ;ura;ot ;ayo agsi-resign na ;ayo Mung hindi, manggugulo ;ami dito""you corrut officials, you better resign now, or else we will cause trouble here"9 simultaneously, hebrought out a roc; the siAe of aV fist and retended to hurl it at the flagole area of a go4ernment

building. =e did not actually throw the roc;.

a. Police officers who were monitoring the situation immediately aroached Pedrong Pula andarrested him. =e was rosecuted for seditious seech and was con4icted. &n aeal,Pedrong Pula argued he was merely eercising his freedom of seech and freedom oferession guaranteed by the 6ill of @ights. 3ecide with reasons. #$9

b. What is "commercial seech" Is it entitled to constitutional rotection What must be shownin order for go4ernment to curtail "commercial seech" 0lain. 2$9

c. What are the two %9 basic rohibitions of the freedom of seech and of the ress clause0lain. %$9

X.

a. What do you understand by the term "heirarchy of ci4il liberties" 0lain. #$9

b. 3istinguish fully between the "free eercise of religion clause" and the "non-establishment ofreligion clause". 2$9

c. When can e4idence "in lain 4iew" be seiAed without need of a search warrant 0lain.%$9

BAR EXAMINATION 201-

ESSA, &UESTIONS

I.

In the last Buarter of %)1%, about #,))) container 4ans of imorted goods intended for the ChristmasSeason were seiAed by agents of the 6ureau of Customs. 7he imorted goods were released onlyon Danuary 1),%)12. grou of imorters got together and filed an action for damages before the@egional 7rial Court of anila against the 3eartment of 'inance and the 6ureau of Customs.

7he 6ureau of Customs raised the defense of immunity from suit and, alternati4ely, that liabilityshould lie with F Cor. which the 6ureau had contracted for the lease of ten 1)9 high owered4an cranes but deli4ered only fi4e #9 of these cranes, thus causing the delay in its cargo-handlingoerations. It aears that the 6ureau, desite demand, did not ay F Cor. the Ph 1.) illiondeosit and ad4ance rental reBuired under their contract.

9 Will the action by the grou of imorters roser #$9



69 Can F Cor. sue the 6ureau of Customs to collect rentals for the deli4ered cranes#?$9

II.

While Congress was in session, the President aointed eight acting Secretaries. grou of

Senators from the minority bloc Buestioned the 4alidity of the aointments in a etition before theSureme Court on the ground that while Congress is in session, no aointment that reBuiresconfirmation by the Commission on ointments, can be made without the latter?s consent, and thatan undersecretary should instead be designated as cting Secretary.

Should the etition be granted #$9

III.

robbery with homicide had ta;en lace and 5ito, 6adong and @olliewere in4ited for Buestioningbased on the information furnished by a neighbor that he saw them come out of the 4ictim?s house atabout the time of the robberyG;illing. 7he olice confronted the three with this and other information

they had gathered, and ointedly accused them of committing the crime.

5ito initially resisted, but e4entually bro;e down and admitted his articiation in the crime. 0lated bythis brea; and desirous of securing a written confession soonest, the olice called City ttorney Duan6uan to ser4e as the trio?s counsel and to ad4ise them about their rights during the in4estigation.

6adong and @ollie, wea;ened in sirit by 5ito?s early admission, li;ewise admitted their articiation.7he trio thus signed a <oint etra-<udicial confession which ser4ed as the main e4idence against themat their trial. 7hey were con4icted based on their confession.

Should the <udgment of con4iction be affirmed or re4ersed on aeal #$9

I!.

Congress enacted a law ro4iding for trial by <ury for those charged with crimes or offensesunishable by reclusion eretua or life imrisonment. 7he law ro4ides for the Bualifications ofmembers of the <ury, the guidelines for the bar and bench for their selection, the manner a trial by

<ury shall oerate, and the rocedures to be followed.

Is the law constitutional *$9

!.

s a leading member of the 5aiang andirigma in the =ouse of @eresentati4es, you were tas;ed

by the arty to initiate the mo4es to imeach the President because he entered into an eecuti4eagreement with the HS mbassador for the use of the former Subic a4al 6ase by the HS a4y, forfree, i.e., without need to ay rent nor any ;ind of fees as a show of goodwill to the H.S. because ofthe continuing harmonious @P-HS relations.

Cite at least two %9 grounds for imeachment and elain why you chose them. *$9

!I.



Congress assed @eublic ct o. //11 to comly with the Hnited ations Con4ention on the 5awof the Sea.

In a etition filed with the Sureme Court, na; 7i Ilocos, an association of Ilocano rofessionals,argued that @eublic ct o. //11discarded the definition of the Philiine territory under the 7reatyof Paris and in related treaties ecluded the Malayaan Islands and the Scarborough Shoals from the

Philiine rchielagic baselines and con4erted internal waters into archielagic waters.

Is the etition meritorious *$9

!II.

s he was entering a bar, rnold -who was holding an unlit cigarette in his right hand -was handed amatch bo by someone standing near the doorway. rnold unthin;ingly oened the matchbo to lighthis cigarette and as he did so, a srin;le of dried lea4es fell out, which the guard noticed. 7he guardimmediately fris;ed rnold, grabbed the matchbo, and sniffed its contents. fter confirming that thematchbo contained mari<uana, he immediately arrested rnold and called in the olice.

t the olice station, the guard narrated to the olice that he ersonally caught rnold in ossessionof dried mari<uana lea4es. rnold did not contest the guard?s statement he steadfastly remainedsilent and refused to gi4e any written statement. 5ater in court, the guard testified and narrated thestatements he ga4e the olice o4er rnold?s counsel?s ob<ections. While rnold resented his ownwitnesses to ro4e that his ossession and arehension had been set-u, he himself did not testify.

7he court con4icted rnold, relying largely on his admission of the charge by silence at the olicein4estigation and during trial.

'rom the constitutional law ersecti4e, was the court correct in its ruling *$9

!III.

6obby, an incoming third year college student, was denied admission by his uni4ersity, a remiereeducational institution in anila, after he failed in three 29 ma<or sub<ects in his sohomore year.7he denial of admission was based on the uni4ersity?s rules and admission olicies.

Hnable to coe with the deression that his non-admission triggered, 6obby committed suicide. =isfamily sued the school for damages, citing the school?s grossly unreasonable rules that resulted inthe denial of admission. 7hey argued that these rules 4iolated 6obby?s human rights and the riorityconsideration that the Constitution gi4es to the education of the youth.

ou are counsel for the uni4ersity. 0lain your arguments in suort of the uni4ersity?s case. *$9

IF.

Conrad is widely ;nown in the neighborhood as a drug addict. =e is also susected of being amember of the notorious ";yat-Condo +ang" that has re4iously bro;en into and lootedcondominium units in the area.

@etired rmy Colonel Sangre U who is ;nown as an anti-terrorism fighter who disdained human andconstitutional rights and has been nic;named "terror of indanao" Uis now the =ead of Security of



Caricorn 5and Cororation, the owner and de4eloer of Sagittarius 0states where a series ofrobberies has recently ta;en lace.

&n arch l, %)12, Conrad informed his mother, !annie, that uniformed security guards had in4itedhim for a tal; in their office but he refused to come. 5ater that day, howe4er, Conrad aeared toha4e relented he was seen wal;ing into the security office flan;ed by two security guards. obody

saw him lea4e the office afterwards.

Conrad did not go home that night and was ne4er seen again. 7he following wee; and after a wee;-long search, !annie feared the worst because of Col. Sangre?s reutation. She thus reortedConrad?s disaearance to the olice. When nothing concrete resulted from the olice in4estigation,!annie U at the ad4ice of counsel - f1led a etition for a writ of amaro to comel Col. Sangre andthe Sagittarius Security &ffice to roduce Conrad and to hold them liable and resonsible forConrad?s disaearance.

9 3id !annie?s counsel gi4e the correct legal ad4ice *$9

69 If the etition would roser, can Col. Sangre be held liable andGor resonsible for

Conrad?s disaearance *$9

F.

7he mbassador of the @eublic of Mafiristan referred to you for handling, the case of the 0mbassy?saintenance greement with C6, a ri4ate domestic comany engaged in maintenance wor;. 7he

greement binds C6, for a defined fee, to maintain the 0mbassy?s ele4ators, air-conditioning unitsand electrical facilities. Section 1) of the greement ro4ides that the greement shall be go4ernedby Philiine laws and that any legal action shall be brought before the roer court of a;ati.Mafiristan terminated the greement because C6 allegedly did not comly with their agreedmaintenance standards.

C6 contested the tennination and filed a comlaint againstMafiristan before the @egional 7rialCourt of a;ati. 7he mbassador wants you to file a motion to dismiss on the ground of stateimmunity from suit and to oose the osition that under Section 1) of the greement, Mafiristaneressly wai4es its immunity from suit.

Hnder these facts, can the 0mbassy successfully in4o;e immunity from suit *$9

FI.

In her inter4iew before the Dudicial and 6ar Council D6C9,Commissioner nnie morsolo of theational 5abor @elations Commission claims that she should be gi4en credit for <udicial ser4icebecause as 5@C Commissioner, she has the ran; of a Dustice of the Court of eals she

ad<udicates cases that are aealable to the Court of eals she is assigned car late o. 1) andshe is, by law, entitled to the ran;, benefits and ri4ileges of a Court of eals Dustice.

If you are a member of the D6C, would you gi4e credit to this elanation *$9

FII.



In the ay %)12 elections, the llied Wor;ers? +rou of the Philiines W+P9, reresenting land-based and sea-based wor;ers in the Philiines and o4erseas, won in the arty list congressionalelections. tty. bling, a labor lawyer, is its nominee.

s art of the arty?s ad4ocacy and ser4ices, Congressman bling engages in labor counseling,articularly for local wor;ers with claims against their emloyers and for those who need

reresentation in collecti4e bargaining negotiations with emloyers. When labor cases arise, W+Penters its aearance in reresentation of the wor;ers and the Congressman ma;es it a oint to bethere to accomany the wor;ers, although a retained counsel also formally enters his aearanceand is in4ariably there. Congressman bling largely ta;es a assi4e role in the roceedings althoughhe occasionally sea;s to sulement the retained counsel?s statements. It is otherwise in C6negotiations where he acti4ely articiates.

anagement lawyers, feeling that a congressman should not acti4ely articiate in cases beforelabor tribunals and before emloyers because of the influence a congressman can wield, filed adisbarment case against the Congressman before the Sureme Court for his 4iolation of the Code of Professional @esonsibility and for breach of trust, in relation articularly with the rohibitions onlegislators under the Constitution.

Is the cited ground for disbarment meritorious *$9

MULTIPLE C%OICE &UESTIONS

I. 7he eBual rotection clause is 4iolated by TTTTTTTTTT. 1$9

9 a law rohibiting motorcycles from lying on limited access highways.

69 a law granting !alue dded 7a eemtion to electric cooerati4es that sells electricity tothe "homeless oor."

C9 a law ro4iding that a oliceman shall be re4enti4ely susended until the termination ofa criminal case against him.

39 a law ro4iding higher salaries to teachers in ublic schools who are "foreign hires."

09 a law that grants rights to local 'iliino wor;ers but denies the same rights to o4erseas'iliino wor;ers.

II. &ffended by the President?s remar;s that the 6ureau of Customs is a it of misfits and the corrut,the 6ureau of Customs 0mloyees ssociation comosed of 2,))) wor;ers see;s your legal ad4iceon how best to rotest what it 4iews to be the President?s baseless remar;s.

rudent legal ad4ice is that TTTTTTTTTT. 1$9

9 emloyees can go on mass lea4e of absence for one wee;

69 emloyees can march and rally at endiola e4ery onday

C9 emloyees can barricade the gates of the Port of anila at South =arbor and call for theresignation of the incumbent Commissioner of Customs



39 emloyees can wear blac; arm bands and ins with the word "H'I@" inscribed

09 one of the abo4e can legally be done.

III. Congress enacted @eublic ct o. 1%2( reBuiring all candidates for ublic offices to ost anelection bond eBui4alent to the one 19 year salary for the osition for which they are candidates.

7he bond shall be forfeited if the candidates fail to obtain at least 1)$ of the 4otes cast.

Is @eublic ct o. 1%2( 4alid 1$9

9 It is 4alid as the bond is a means of ensuring fair, honest, eaceful and orderly elections.

69 It is 4alid as the bond reBuirement ensures that only candidates with sufficient means andwho cannot be corruted, can runfor ublic office.

C9 It is in4alid as the reBuirement effecti4ely imoses a roerty Bualification to run forublic office.

39 It is in4alid as the amount of the surety bond is ecessi4e and unconscionable.

09 It is 4alid because it is a reasonable reBuirement the Constitution itself eresslysuorts the accountability of ublic officers.

I!. What is the legal effect of decisions of the International Court of Dustice in cases submitted to itfor resolution 1$9

9 7he decision is binding on other countries in similar situations.

69 7he decision is not binding on any country, e4en the countries that are arties to thecase.

C9 7he decision is binding only on the arties but only with resect to that articular case.

39 7he decision is not binding on the arties and is only ad4isory.

09 7he binding effect on the arties deends on their submission agreement.

!. Hnder the H Con4ention on the 5aw of the Sea, the eclusi4e economic Aone refers to an area.1$9

9 that is at least 1)) miles from the baselines from which the outer limit of the territorial seais measured

69 that is at least %)) miles but not to eceed 2)) miles from the baselines from which theouter limit of the territorial sea is measured

C9 beyond and ad<acent to a country?s territorial sea which cannot go beyond %)) nauticalmiles from the baselines from which the outer limit of the territorial sea is measured



39 that can go beyond 2 nautical miles but cannot etend 2)) nautical miles from thebaselines from which the outer limit of the territorial sea is measured

09 one of the abo4e.

!I. child born under either the 1E/2 or the 1E8/ Constitution, whose father or mother is a 'iliino

citiAen at the time of his birth, is TTTTTTTTTT. 1$9

9 not a 'iliino citiAen as his father and mother must both be 'iliino citiAens at the time ofhis birth

69 not a 'iliino citiAen if his mother is a 'iliino citiAen but his father is not, at the time of hisbirth

C9 a 'iliino citiAen no matter where he or she may be born

39 a 'iliino citiAen ro4ided the child is born in the Philiines

09 a 'iliino citiAen if he or she so elects uon reaching the age of %1

!II. Who has control of the eenditure of ublic funds 1$9

9 7he &ffice of the President through the 3eartment of 6udget and anagement.

69 7he =ouse of @eresentati4es from where all aroriation bills emanate.

C9 7he Senate through its Committee on 'inance.

39 7he Congress of the @eublic of the Philiines.

09 6oth the members of Congress and the President acting <ointly, if so ro4ided by the+eneral roriations ct.

!III. ay the ower of cities to raise re4enues be limited by an eecuti4e order of the President1$9

9 es, because local go4ernment units are under the administrati4e control of the Presidentthrough the 3eartment of Interior and 5ocal +o4ernment.

69 o, because local go4ernment units now en<oy full local fiscal autonomy.

C9 o, because only limitations established by Congress can define and limit the owers oflocal go4ernments.

39 es, because the President has the ower and authority to imose reasonablerestrictions on the ower of cities to raise re4enues.

09 es, if so ro4ided in a city?s charter.



IF. 7he ro4ision under the Constitution -that any member who too; no art, dissented, or inhibitedfrom a decision or resolution must state the reason for his dissent or non-articiation - alies

TTTTTTTTTT. 1$9

9 only to the Sureme Court

69 to both the Sureme Court and the Court of eals

C9 to the Sureme Court, Court of eals and the Sandiganbayan

39 to the Sureme Court, the Court of eals, the Sandiganbayan and the Court of 7a eals

09 to all collegial <udicial and Buasi-<udicial ad<udicatory bodies

F. Choose the least accurate statement about the indeendence guaranteed by the 1E8/Constitution to the following constitutional bodies: 1$9

9 7he Constitution guarantees the C&050C decisional and institutional indeendencesimilar to that granted to theDudiciary.

69 ll bodies labeled as "indeendent" by the Constitution en<oyfiscal autonomy as anattribute of their indeendence.

C9 ot all bodies labeled as "indeendent" by the Constitution were intended to beindeendent from the 0ecuti4e branch of go4ernment.

39 7he Constitution guarantees 4arious degrees of indeendence from the other branchesof go4ernment when it labels bodies as "indeendent".

09 7he C&050C, the C&, and the CSC en<oy the same degree of indeendence.

FI. t the Senate imeachment trial of Dustice Pablo P. San >uintin, =on. 0milio . 7an,Congressman and Imeachment Panel anager, wrote the Sureme Court reBuesting that therosecutors be allowed to eamine thecourt records of Stewards ssociation of the Philiines, Inc.SP9 4. 'iliinas ir, et al., +.@. o. E8/*#(, a case that is still ending. 7he =igh Court

TTTTTTTTTT. 1$9

9 may grant the reBuest by reason of inter-deartmental courtesy

69 may grant the reBuest as the records of the 'iliinas ir case are ublic records

C9 should deny the reBuest since records of cases that are ending for decision areri4ileged ecet only for leadings, orders and resolutions that are a4ailable to the ublic

39 should deny the reBuest because it 4iolates the Court?s indeendence and the doctrine of searation of owers

09 should grant the reBuest because of the sui generis nature of the ower of imeachment,ro4ided that the 6ill of @ights is not 4iolated



FII. r. Sinco sued the go4ernment for damages. fter trial, the court ruled in his fa4or and awardeddamages amounting to P#) million against the go4ernment. 7o satisfy the <udgment against thego4ernment, which 4alid otion is a4ailable to r. Sinco 1$9

9 +arnish the go4ernment funds deosited at the 5and 6an;.

69 'ile a claim with the Commission on udit C&9 ursuant to Commonwealth ct 2%/, asamended by Presidential 3ecree1((#.

C9 a;e reresentations with the Congress to aroriate the amount to satisfy the <udgment.

39 'ile a etition for mandamus in court to comel Congress to aroriate P#) million tosatisfy the <udgment.

09 Proceed to eecute the <udgment as ro4ided by the @ules of Court because the Stateallowed itself to be sued.

FIII. Which of the following ro4isions of the Constitution does not confer rights that can be enforcedin the courts but only ro4ides guidelines for legislati4e or eecuti4e action l$9

9 7he maintenance of eace and order, the rotection of life, liberty, and roerty, andromotion of the general welfare are essential for the en<oyment by all the eole of theblessings of democracy.

69 7he State shall gi4e riority to education, science and technology, arts, culture, andsorts to foster atriotism and nationalism, accelerate social rogress, and romote totalhuman liberation and de4eloment.

C9 7he natural and rimary right and duty of arents in the rearing of the youth for ci4ic

efficiency and the de4eloment of moral character shall recei4e the suort of the+o4ernment.

39 7he right of the eole to information on matters. of ublic concern shall be recogniAed. ccess to official records, and to documents and aers ertaining to official acts,transactions, or decisions, as well as to go4ernment research data used as basis for olicyde4eloment, shall be afforded the citiAen, sub<ect to such limitations as may be ro4ided bylaw.

09 ll the abo4e only ro4ide guidelines and are not self-eecuting.

FI!. 7he President entered into an eecuti4e agreement with !ietnam for the suly to the

Philiines of animal feeds not to eceed (),))) tons in any one year. 7he ssociation of nimal'eed Sellers of the Philiines Buestioned the eecuti4e agreement for being contrary to @.. (*%which rohibits the imortation of animal feeds from sian countries. Is the challenge correct 1$9

9 es, the eecuti4e agreement is contrary to an eisting domestic law.

69 o, the President is solely in charge of foreign relations and all his actions in this roleform art of the law of the land.



C9 o, international agreements are sui generis and stand indeendently of our domesticlaws.

39 es, the eecuti4e agreement is actually a treaty which does not ta;e effect withoutratification by the Senate.

09 es, the challenge is correct because there is no law emowering the President tounderta;e the imortation.

F!. 7he searation of Church and State is most clearly 4iolated when TTTTTTTTTT. 1$9

9 the State funds a road ro<ect whose effect is to ma;e a church more accessible to itsadherents

69 the State declares the birthlace of a founder of a religious sect as a national historicalsite

C9 the State eroriates church roerty in order to construct an eressway that, among

others, ro4ides easy access to the Church?s main cathedral

39 the State gi4es 4ehicles to bishos to assist them in church-related charitable ro<ects

09 the State allows rayers in schools for minor children without securing the rior consentof their arents

F!I. Patricio was elected member of the =ouse of @eresentati4e in the ay %)1) 0lections. =isoonent Dose Buestioned Patricio?s 4ictory before the =ouse of @eresentati4es 0lectoral 7ribunaland later with the Sureme Court.

In a decision romulgated in o4ember %)11, the Court ruled in Dose?s fa4or thus, Patricio was

ousted from his seat in Congress. Within a year from that decision, the President can aointPatricio TTTTTTTTTT. 1$9

9 only as a member of the board of directors of any go4ernment owned and controlledcororation

69 only as a deuty &mbudsman

C9 only as a Commissioner of the Ci4il Ser4ice Commission

39 only as Chairman of the Commission on 0lections

09 to any osition as no rohibition alies to Patricio

F!II. Senator +SC roosed a bill increasing ecise taes on tobacco and alcohol roducts. 7hegenerated incremental re4enues shall be used for the uni4ersal health care rogram for all 'iliinosand for tobacco farmers? li4elihood. fter the Senate assed the bill on third reading, it wastransmitted to the =ouse of @eresentati4es which aro4ed the bill in toto. 7he President e4entuallysigned it into law. tty. D'C filed a etition before the Sureme Court, Buestioning theconstitutionality of the new law.



Is the law constitutional 1$9

9 7he law is constitutional because it is for a ublic urose and has duly satisfied thethree-readings-on-searate-days rule in both =ouses.

69 7he law is unconstitutional because it 4iolates the eBual rotection clause of the

Constitution it is limited only to alcohol and liBuor roducts.

C9 It is constitutional because of the 0nrolled 6ill 7heory.

39 It is constitutional because it is 4alid in form and substance and comlied with thereBuired lawma;ing rocedures.09 one of the abo4e is correct.

F!III. Which of the following statements is correct 1$9

9 7he President, with the concurrence of the onetary 6oard, can guarantee a foreign loanon behalf of the @eublic of the Philiines.

69 Congress may, by law, ro4ide limitations on the President?s ower to contract orguarantee foreign loans on behalf of the @eublic of the Philiines.

C9 In order to be 4alid and effecti4e, treaties and eecuti4e agreements must be concurredin by at least two-thirds of all the embers of the Senate.

39 7he President shall, at the end of e4ery Buarter of the calendar year, submit to Congressa comlete reort of the loans contracted or guaranteed by the +o4ernment or go4ernment-owned and controlled cororations.

09 ll the abo4e choices are defecti4e in some resects.

FIF. Candida has been administrati4ely charged of immorality for oenly li4ing with anuel, amarried man. Candida argues that her con<ugal arrangement with anuel fully conforms with theirreligious beliefs and with the teachings of their church.

In resol4ing whether Candida should be administrati4ely enaliAed, which is the best test to aly1$9

9 Clear and Present 3anger 7est

69 Comelling State Interest 7est

C9 6alancing of interests 7est

39 Conscientious &b<ector 7est

09 3angerous 7endency 7est

FF. @afael Buestioned the Bualifications of Carlos as congressman of the 7hird 3istrict of anila onthe ground that Carlos is a citiAen of the HS. 7he decision disBualifying Carlos for being a HS



citiAen came only in arch %)1), i.e., after the ad<ournment of the session of Congress on the 2?dyear of the osition?s three-year term.

What was Carlos? status during his incumbency as congressman 1$9

9 =e was a de <ure officer, ha4ing been duly elected and roclaimed.

69 =e was not a ublic officer because he effecti4ely was not entitled to be a congressman.

C9 =e was a de <ure officer since he comleted the ser4ice of his term before he wasdisBualified.

39 =e was a de facto officer since he had ser4ed and was only disBualified later.

09 =e neither ossesses de <ure nor de facto status as such determination is ointless.


I.

With the assage of time, the members of the =ouse of @eresentati4es increased with the creationof new legislati4e districts and the corresonding ad<ustments in the number of arty-listreresentati4es. t a time when the =ouse membershi was already %E), a great number of themembers decided that it was time to roose amendments to the Constitution. 7he Senators,howe4er, were cool to the idea. 6ut the members of the =ouse insisted. 7hey accordingly con4enedCongress into a constituent assembly in site of the oosition of the ma<ority of the members of theSenate. When the 4otes were counted, %/# members of the =ouse of @eresentati4es aro4ed theroosed amendments. &nly 1) Senators suorted such roosals. 7he roonents now claim that

the roosals were 4alidly made, since more than the reBuired three-fourths 4ote of Congress hasbeen obtained. 7he 1( Senators who 4oted against the roosals claim that the roosals needednot three-fourths 4ote of the entire Congress but each house. Since the reBuired number of 4otes inthe Senate was not obtained, then there could be no 4alid roosals, so argued the Senators. Werethe roosals 4alidly adoted by Congress #$9

II.

Se4eral citiAens, unhay with the roliferation of families dominating the olitical landscae,decided to ta;e matters into their own hands. 7hey roosed to come u with a eoleOs initiati4edefining olitical dynasties. 7hey started a signature camaign for the urose of coming u with aetition for that urose. Some others eressed misgi4ings about a eoleOs initiati4e for the

urose of roosing amendments to the Constitution, howe4er. 7hey cited the CourtOs decision inSantiago 4. Commission on 0lections, %/) SC@ 1)* 1EE/9, as authority for their osition that thereis yet no enabling law for s uch urose. &n the other hand, there are also those who claim that theindi4idual 4otes of the <ustices in 5ambino 4. Commission on 0lections, #)# SC@ 1*) %))*9, meanthat SantiagoOs ronouncement has effecti4ely been abandoned. If you were consulted by thosebehind the new attemt at a eoleOs initiati4e, how would you ad4ise them ($9

III.



In Serrano 4. +allant aritime Ser4ices, Inc., #8% SC@ %#( %))E9, the Sureme Court declared as4iolati4e of the 0Bual Protection Clause the #th aragrah of X1) @.. o. 8)(% igrant Wor;ersand &4erseas 'iliinos ct of 1EE#9 for discriminating against illegally dismissed &'Ws who still hadmo re than a year to their contract comared to those who only had less than a year remaining. 7henet year, Congress enacted @.. o 1)%%%, an amendment to the igrant Wor;ers and &4erseas'iliinos ct, which ractically reinstated the ro4ision struc; down in Serrano.

Seamacho, an o4erseas seafarer who still had two years remaining on his contract when he wasillegally terminated, and who would only be entitled to a maimum of si-monthOs ay under thereinstated ro4ision, engages you as his counsel. =ow are you to argue that the new law is in4alidinsofar as it brings bac; to the statute boo;s a ro4ision that has already been struc; down by theCourt #$9

I!.

6eauty was roclaimed as the winning candidate for the osition of @eresentati4e in the =ouse of@eresentati4es three 29 days after the elections in ay. She then immediately too; her oath ofoffice. =owe4er, there was a ending disBualification case against her, which case was e4entually

decided by the C&050C against her 1) days after the election. Since she has already beenroclaimed, she ignored that decision and did not bother aealing it. 7he C&050C then declaredin the first wee; of Dune that its decision holding that 6eauty was not 4alidly elected had becomefinal. 6eauty then went to the Sureme Court Buestioning the <urisdiction of the C&050C claimingthat since she had already been roclaimed and had ta;en her oath of office, such election body hadno more right to come u with a decision U that the <urisdiction had already been transferred to the=ouse of @eresentati4es 0lectoral 7ribunal. =ow defensible is the argument of 6eauty ($9

!.

+reeneas is an ideology-based olitical arty fighting for en4ironmental causes. It decided toarticiate under the arty-list system. When the election results came in, it only obtained 1.EEercent of the 4otes cast under the arty -list system. 6luebean, a olitical obser4er, claimed that+reeneas is not entitled to any seat since it failed to obtain at least %$ of the 4otes. oreo4er,since it does not reresent any of the marginaliAed and underreresented sectors of society,+reeneas is not entitled to articiate under the arty-list system. =ow 4alid are the obser4ations of 6luebean ($9

!I.

few months before the end of the resent Congress, Strongwill was in4ited by the Senate to shedlight in an inBuiry relati4e to the alleged sihoning and di4erting of the or; barrel of members ofCongress to non-eistent or fictitious ro<ects. Strongwill has been identified in the news as therincial actor resonsible for the scandal, the leader of a non-go4ernmental organiAation whichostensibly funnelled the funds to certain local go4ernment ro<ects which eisted only on aer. t

the start of the hearings before the Senate, Strongwill refused at once to cooerate. 7he Senatecited him in contemt and sent him to <ail until he would ha4e seen the light. 7he Congress,thereafter, ad<ourned sine die rearatory to the assumtion to office of the newly-elected members.In the meantime, Strongwill languished behind bars and the remaining senators refused to ha4e himreleased, claiming that the Senate is a continuing body and , therefore, he can be detainedindefinitely. re the senators right ($9

!II.



argie has been in the <udiciary for a long time, starting from the lowest court. 7wenty %)9 yearsfrom her first year in the <udiciary, she was nominated as a Dustice in the Court of eals. argiealso haens to be a first-degree cousin of the President. 7he Dudicial and 6ar Council included herin the short-list submitted to the President whose term of office was about to end U it was a monthbefore the net residential elections. Can the President still ma;e aointments to the <udiciaryduring the so-called midnight aointment ban eriod ssuming that he can still ma;e

aointments, could he aoint argie, his cousin ($9

!III.

7he President, concerned about ersistent reorts of widesread irregularities and shenanigansrelated to the alleged ghost ro<ects with which the or; barrel funds of members of Congress hadbeen associated, decided not to release the funds authoriAed under a Secial roriations ct forthe construction of a new bridge. 7he Chief 0ecuti4e elained that, to ro erly conser4e andreser4e the limited funds of the go4ernment, as well as to a4oid further mistrust by the eole, sucha ro<ect U which he considered as unnecessary since there was an old bridge near the roosedbridge which was still functional U should be scraed. 3oes the President ha4e such authority($9

IF.

+errymandering refers to the ractice of: 1$9

9 creating or di4iding congressional districts in a manner intended to fa4or a articulararty or candidate

69 truancy as alied to embers of Congress

C9 loafing among members of Congress

39 coming u with guessing game when it comes to legislation

09 commandeering large chun;s of the budget for fa4oured congressional districts

F.

7he 4oid-for-4agueness doctrine is a concet which means that: 1$9

9 if a law is 4ague, then it must be 4oid

69 any law which could not be understood by laymen is a nullity

C9 if a law is incomrehensible to ordinary eole such that they do not really ;now what isreBuired or rohibited, then the law must be struc; down

39 a go4ernment regulation that lac;s clear standards is nonsensical and useless as aguide for human conduct

09 clarity in legal language is a mandate of due rocess.



FI.

In ;eeing with the modern age of instant and incessant information and transformation, Congressassed Cybercrime Pre4ention ct to regulate access to and use of the amenities of the cybersace.While ostensibly the law is intended to rotect the interests of society, some of its ro4isions werealso seen as imermissibly in4ading and imairing widely cherished liberties of the eole

articularly the freedom of eression. 6efore the law could e4en be imlemented, etitions werefiled in the Sureme Court Buestioning said ro4isions by eole who felt threatened, for themsel4esas well as for the benefit of others who may be similarly affected but not minded enough to challengethe law. 7he Solicitor +eneral countered that there is no basis for the eercise of the ower of

<udicial re4iew since there has yet been no 4iolation of the law, and therefore, there is no actual caseor contro4ersy to sea; of, aside from the fact that the etitioners ha4e no locus standi since they donot claim to be in imminent danger of being rosecuted under the law. Can the Court roceed todecide the case e4en if the law has not yet become effecti4e ($9

FII.

7he Court had adoted the ractice of announcing its decision in imortant, contro4ersial or

interesting cases the moment the 4otes had been ta;en among the <ustices, e4en as the final rinteddecision and searate oinions are not yet a4ailable to the ublic. In a greatly anticiated decision ina case of wide-ranging ramifications, the 4oting was close U 8 for the ma<ority, while / were for theother side. fter the Court had thus 4oted, it issued a ress release announcing the result, with thead4ice that the rinted coy of the decision, together with the searate oinions, were to be issuedsubseBuently. 7he following day, howe4er, one of the members of the Court died. 7he Court thenannounced that it would deliberate anew on the case since aarently the one who died belonged tothe ma<ority. CitiAens for 7ransarency, a grou of ci4ic-sirited rofessionals and ordinary citiAensdedicated to transarency and accountability in the go4ernment, Buestioned the act of the Court.7he etitioners claimed the decision had already been 4alidly adoted and romulgated. 7herefore,it could no longer be recalled by the Court. t the same time, the grou also as;ed the Court todisclose to the ublic the original decision and the searate oinions of the magistrates, togetherwith what they had deliberated on <ust before they came u with the ress release about the 8-/

decision. *$9

9 Was the announced 8-/ decision already 4alidly romulgated and thus not sub<ect torecall

69 If the decision was not yet finaliAed at the time when the <ustice died, could it still beromulgated

C9 If the decision was still being finaliAed, should the Court release to the ublic the ma<oritydecision and the searate oinions as originally announced, together with their deliberationson the issues

FIII.

Congress may increase the aellate <urisdiction of the Sureme Court: 1$9

9 anytime it wants

69 if reBuested by the Sureme Court



C9 uon recommendation of the President

39 only with the ad4ice and concurrence of the Sureme Court

09 whene4er it deems it aroriate, ad4isable or necessary

FI!.

7he guarantee of freedom of eression signifies: 1$9

9 absolute freedom to eress oneself

69 freedom from rior restraint

C9 right to freely sea; on anything without limitations

39 the right of the go4ernment to regulate seech

09 the right of broadcast stations to air any rogram

F!.

llmighty ostles is a relati4ely new religious grou and mo4ement with fast-growing membershi.&ne time, 3ee7hroat, an in4estigati4e reorter, made a research and study as to what the grouOsleader, as;eraid was actually doing. 3ee7hroat e4entually came u with the conclusion thatas;eraid was a hony who is <ust fooling the simle-minded eole to art with their money inechange for the romise of eternal hainess in some far -away hea4en. 7his was ublished in anewsaer which caused much agitation among the followers of as;eraid. Some threatened4iolence against 3ee7hroat, while some others already started destroying roerties while hurtingthose selling the newsaer. 7he local authorities, afraid of the ublic disorder that such followersmight do, decided to ban the distribution of the newsaer containing the article. 3ee7hroat went tocourt comlaining about the rohibition laced on the dissemination of his article. =e claims that theact of the authorities arta;es of the nature of hec;lerOs 4eto, thus a 4iolation of the guaranty of ressfreedom. &n th e other hand, the authorities counter that the act was necessary to rotect the ublicorder and the greater interest of the community. If you were the <udge, how would you resol4e theissue ($9

F!I.

7he o4erbreadth doctrine osits that the go4ernment: 1$9

9 must ;now the etent of its ower

69 when it eercises too much ower it is li;e someone with bad breath U it is not healthy tosociety

C9 can enact laws which can reach outside its borders, li;e long -arm statues

39 the go4ernment is rohibited in banning unrotected seech if a substantial amount ofrotected seech is restrained or chilled in the rocess



F!II.

7owards the end of the year, the Commission on udit C&9 sought the remainder of itsaroriation from the 3eartment of 6udge t and anagement 369. =owe4er, the 36 refusedbecause the C& had not yet submitted a reort on the eenditures relati4e to the earlier amountreleased to it. nd, ursuant to the "no reort, no release" olicy of the 36, C& is not entitled to

any further releases in the meantime. C& counters that such a olicy contra4enes the guaranty offiscal autonomy granted by the Constitution. Is C& entitled to recei4e the rest of its aroriationse4en without comlying with the 36 olicy ($9

F!III.

7he ational 6uilding Code and its imlementing rules ro4ide, inter alia, that oerators of shoingcenters and malls should ro4ide ar;ing and loading saces, in accordance with a rescribed ratio.7he Solicitor +eneral, heeding the call of the ublic for the ro4ision of free ar;ing saces in malls,filed a case to comel said business concerns to discontinue their ractice of collecting ar;ing fees.7he mall owners and oerators oose, saying that this is an in4alid ta;ing of their roerty, thus a4iolation of due rocess. 7he Solicitor +eneral <ustifies it, howe4er, claiming that it is a 4alid eercise

of olice ower. Could the mall owners and oerators be 4alidly comelled to ro4ide free ar;ing totheir customers ($9

FIF.

Sur4eys +alore is an outfit in4ol4ed in conducting nationwide sur4eys. In one such sur4ey, it as;edthe eole about the degree of trust and confidence they had in se4eral institutions of thego4ernment. When the results came in, the <udiciary was shown to be less trusted than most of thego4ernment offices. 7he results were then ublished by the mass media. ssension, a trial court

<udge, felt articularly offended by the news. =e then issued a show-cause order against Sur4eys+alore directing the sur4ey entity to elain why it should not be cited in contemt for coming u withsuch a sur4ey and ublishing the results which were so unflattering and degrading to the dignity ofthe <udiciary. Sur4eys +alore immediately assailed the show-cause order of Dudge ssension,arguing that it is 4iolati4e of the constitutional guaranty of freedom of eression. Is Sur4eys +aloreOsetition meritorious ($9

FF.

Hnder the so-called doctrine of Bualified olitical agency, 1$9

9 ci4il ser4ants must first Bualify before they could be aointed to office

69 all emloyees in the go4ernment are merely agents of the eole

C9 the acts of subordinates resumti4ely of those of the heads of offices disaro4es them

39 members of the Cabinet must ha4e the absolute trust and confidence of the President

FFI.

Constituent ower refers to the authority 1$9

9 of ublic officials to command resect



69 gi4en to Congress to enact olice ower measures

C9 to roose constitutional amendments or re4isions

39 of the eole to ta;e bac; the ower entrusted to those in go4ernment

09 of the President to call out the armed forces to suress lawless 4iolence

FFII.

7he ational Power and +rid Cororation P+C9, a go4ernment entity in4ol4ed in owergeneration distribution, had its transmissi on lines tra4erse some fields belonging to 'armer<oe.P+C did so without instituting any eroriation roceedings. 'armer<oe, not ;nowing any better,did not immediately ress his claim for ayment until after ten years later when a son of his too; u5aw and told him that he had a right to claim comensation. 7hat was then the only time that'armer<oe earnestly demanded ayment. When the P+C ignored him, he instituted a case forayment of <ust comensation. In defense, P+C ointed out that the claim had already rescribedsince under its Charter it is clearly ro4ided that "actions for damages must be filed within fi4e years

after the rights of way, transmission lines, substations, lants or other facilities shall ha4e beenestablished and that after said eriod, no suit shall be brought to Buestion the said rights of way,transmission lines, substations, lants or other facilities." If you were the lawyer of 'armer<oe, howwould you rotect and 4indicate the rights of your client ($9

FFIII.

7he olice got a reort about a shooting incident during a town fiesta. &ne erson was ;illed. 7heolice immediately went to the scene and started as;ing the eole about what they witnessed. Indue time, they were ointed to 0dward +unman, a security guard, as the ossible malefactor.0dward was then ha4ing refreshment in one of the eateries when the olice aroached him. 7heyas;ed him if he had a gun to which Buestion he answered yes. 7hen they as;ed if he had seen

anybody shot in the 4icinity <ust a few minutes earlier and this time he said he did not ;now about it. fter a few more Buestions, one of the olicemen as;ed 0dward if he was the shooter. =e said no,but then the oliceman who as;ed him told him that se4eral witnesses ointed to hi m as theshooter. Whereuon 0dward bro;e down and started elaining that it was a matter of self-defense.0dwardwas e4entually charged with murder. 3uring his trial, the statements he made to the olicewere introduced as e4idence against him. =e ob< ected claiming that they were inadmissible sincehe was not gi4en his iranda rights. &n the other hand, the rosecution countered that there was noneed for such rights to be gi4en since he was not yet arrested at the time of the Buestioning. If youwer e the <udge, how would you rule on the issue ($9

FFI!.

lienmae is a foreign tourist. She was as;ed certain Buestions in regard to a comlaint that was filedagainst her by someone who claimed to ha4e been defrauded by her. lienmae answered all theBuestions as;ed, ecet in regard to some matters in which she in4o;ed her right against self-incrimination. When she was ressed to elucidate, she said that the Buestions being as;ed mighttend to elicit incriminating answers insofar as her home state is concerned. Could lienmae in4o;ethe right against self-incrimination if the fear of incrimination is in regard to her foreign law ($9

FF!.



@osebud is a natural-born 'iliino woman who got married to @oc;cold, a citiAen of State 'roAen. 6y4irtue of the laws of 'roAen, any erson who marries its citiAens would automatically be deemed itsown citiAen. fter ten years of marriage, @osebud, who has slit her time between the Philiinesand 'roAen, decided to run for Congress. =er oonent sought her disBualification, howe4er,claiming that she is no longer a natural-born citiAen. In any e4ent, she could not see; electi4eosition since she ne4er renounced her foreign citiAenshi ursuant to the CitiAenshi @etention and

@eacBuisition ct @.. o. E%%#9. Is @osebuddisBualified to run by reason of citiAenshi ($9

FF!I.

7he one-year-bar rule in imeachment roceedings is to be rec;oned from the time the 1$9

9 first imeachment comlaint is filed

69 imeachment comlaint is referred to the Committee on Dustice

C9 =ouse of @eresentati4es 4ote on the imeachment comlaint

39 =ouse of @eresentati4es endorses the rticles of Imeachment to the Senate

FF!II.

Congress enacted a law eemting certain go4ernment institutions ro4iding social ser4ices from theayment of court fees. tty. Mristoher 7imoteo challenged the constitutionality of the said law on theground that only the Sureme Court has the ower to fi and eemt said entities from the aymentof court fees.

Congress, on the other hand, argues that the law is constitutional as it has the ower to enact saidlaw for it was through legislati4e fiat that the Dudiciary 3e4eloment 'und D3'9 and the Secial

llowance for Dudges and Dustices SDD9, the funding of which are sourced from the fees collected

by the courts, were created. 7hus, Congress further argues that if it can enact a law utiliAing courtfees to fund the D3' and SDD, a fortiori it can enact a law eemting the ayment of court fees.

3iscuss the constitutionality of the said law, ta;ing into account the arguments of both arties ($9

FF!III.

'rom an eisting ro4ince, Wideland, Congress created a new ro4ince, =undred Isles, consisting of se4eral islands, with an aggregate area of #)) sBuare ;ilometres. 7he law creating =undred Isleswas duly aro4ed in a lebiscite called for that urose. Duan, a taayer and a resident ofWideland, assailed the creation of =undred Isles claiming that it did not comly with the areareBuirement as set out in the 5ocal +o4ernment Code, i.e., an area of at least %,))) sBuare

;ilometres. 7he roonents <ustified the creation, howe4er, ointing out that the @ules and@egulations Imlementing the 5ocal +o4ernment Code states that "the land area reBuirement shallnot aly where the r oosed ro4ince is comosed of one 19 or more islands." ccordingly, sincethe new ro4ince consists of se4eral islands, the area reBuirement need not be satisfied. =owtenable is the osition of the roonents ($9

FFIF.



mbassador +aylor is State Du4enusO dilomatic reresentati4e to State =interlands. 3uring one ofhis 4acations, mbassador +aylor decided to eerience for himself the sights and sounds of StateParadise, a country ;nown for its beauty and other attractions. While in State Paradise, mbassador+aylor was caught in the comany of children under susicious circumstances. =e was arrested for4iolation of the strict anti-edohilia statute of State Paradise. =e claims that he is immune fromarrest and incarceration by 4irtue of his dilomatic immunity. 3oes the claim of mbassador +aylor

hold water ($9

FFF.

Congress assed a law, @.. o. 1#))#, creating an administrati4e 6oard rincially tas;ed with thesuer4ision and regulation of legal education. 7he 6oard was attached to the 3eartment of0ducation. It was emowered, among others, to rescribe minimum standards for law admission andminimum Bualifications of faculty members, the basic curricula for the course of study aligned to thereBuirements for admission to the 6ar, law ractice and social consciousness, as well as to establisha law ractice internshi as a reBuirement for ta;ing the 6ar which a law student shall undergoanytime during the law course, and to adot a system of continuing legal education. Professor6oombastic;, a long-time law ractitioner and lecturer in se4eral restigious law schools, assails the

constitutionality of the law arguing that it encroached on the rerogati4es of the Sureme Court toromulgate rules relati4e to admission to the ra ctice of law, the Integrated 6ar, and legalassistance to the underri4ileged. If you were Professor 6oombastic;Os understudy, how may youhel him de4elo clear, concise and cogent arguments in suort of his osition based on theresent Constitution and the decisions of the Sureme Court on <udicial indeendence and fiscalautonomy ($9


I. 7he Philiines and the @eublic of Mroi Sha established dilomatic relations andimmediately their resecti4e Presidents signed the following: 19 0ecuti4e greement

allowing the @eublic of Mroi Sha to establish its embassy and consular offices within etro

anila and %9 0ecuti4e greement allowing the @eublic of Mroi Sha to bring to the

Philiines its military comlement, warshis, and armaments from time to time for a eriod

not eceeding one month for the urose of training eercises with the Philiine military

forces and eemting from Philiine criminal <urisdiction acts committed in the line of duty

by foreign military ersonnel, and from aying custom duties on all the goods brought by

said foreign forces into Philiine territory in connection with the holding of the acti4ities

authoriAed under the said 0ecuti4e greement.

Senator aaga Buestioned the constitutionality of the said 0ecuti4e greements anddemanded that the 0ecuti4e greements be submitted to the Senate for ratification

ursuant to the Philiine Constitution. Is Senator aaga correct 0lain. ($9

II. 19 bill was introduced in the =ouse of @eresentati4es in order to imlement faithfully the

ro4isions of the Hnited ations Con4ention on the 5aw of the Sea HC5&S9 to which the

Philiines is a signatory. Congressman Pat @io 7e; Buestioned the constitutionality of the

bill on the ground that the ro4isions of H C5&S are 4iolati4e of the ro4isions of the



Constitution defining the Philiine internal waters and territorial sea. 3o you agree or not

with the said ob<ection 0lain. 2$9

%9 3escribe the following maritime regimes under HC5&S ($9

a9 7erritorial sea

b9 Contiguous Aone

c9 0clusi4e economic Aone

d9 Continental shelf

III. Professor asiag who holds a lantilla or regular item in the Hni4ersity of the Philiines

HP9 is aointed as an 0ecuti4e ssistant in the Court of eals C9. 7he rofessor is

considered only on lea4e of absence in HP while he reorts for wor; at the C which shall

ay him the salary of the 0ecuti4e ssistant. 7he aointment to the C osition wasBuestioned, but Professor asiag countered that he will not collect the salary for both

ositions hence, he can not be accused of recei4ing double comensation. Is the argument

of the rofessor 4alid 0lain. ($9

I!. When is a facial challenge to the constitutionality of a law on the ground of 4iolation of the

6ill of @ights traditionally allowed 0lain your answer. 2$9

!. 63 7elecommunications, Inc. 637I9, a 'iliino-owned cororation, sold its 1,))) common

shares of stoc; in the Philiine 7elecommunications Comany P7C9, a ublic utility, to

ustralian 7elecommunications 79, another stoc;holder of the P7C which also owns 1,)))

common shares. 'iliino stoc;holder of P7C Buestions the sale on the ground that it willincrease the common shares of 7, a foreign comany, to more than ()$ of the caital

stoc;9 of P7C in 4iolation of the ()$ limitation of foreign ownershi of a ublic utility. 7

argues that the sale does not 4iolate the *)-() ownershi reBuirement in fa4or of 'iliino

citiAens decreed in Section II, rticle FII of the 1E8/ Constitution because 'iliinos still own

/)$ of the caital of the P7C. 7 oints to the fact that it owns only %,))) common 4oting

shares and 1,))) non-4oting referred shares while 'iliino stoc;holders own 1,)))

common shares and *,))) referred shares, therefore, 'iliino stoc;holders still own a

ma<ority of the outstanding caital stoc; of the cororation, and both classes of shares ha4e

a ar 4alue of Ph %).)) er share. 3ecide. #$9

!I. 19 3istinguish the President?s authority to declare a state of rebellion from the authority toroclaim a state of national emergency. %$9

%9 What are the limitations, if any, to the ardoning ower of the President 2$9

!II. Senator 'leur 3e 5is is charged with lunder before the Sandiganbayan. fter finding the

eistence of robable cause, the court issues a warrant for the Senator?s arrest. 7he

rosecution files a motion to susend the Senator relying on Section # of the Plunder 5aw.



ccording to the rosecution, the susension should last until the termination of the case.

Senator 5is 4igorously ooses the motion contending that only the Senate can disciline its

members and that to allow his susension by the Court would 4iolate the rincile of

searation of owers. Is Senator 5is?s contention tenable 0lain. ($9

!III. law ro4ides that the Secretaries of the 3eartments of 'inance and 7rade and Industry,the +o4ernor of the Central 6an;, the 3irector +eneral of the ational 0conomic

3e4eloment uthority, and the Chairerson of the Philiine &4erseas Construction 6oard

shall sit as e-officio members of the 6oard of 3irectors 6&39 of a go4ernment owned and

controlled cororation +&CC9. 7he other four (9 members shall come from the ri4ate

sector. 7he 6&3 issues a resolution to imlement a new organiAational structure, staffing

attern, a osition classification system, and a new set of Bualification standards. fter the

imlementation of the @esolution, tty. 3iasuil Buestioned the legality of the @esolution

alleging that the 6&3 has no authority to do so. 7he 6&3 claims otherwise arguing that the

doctrine of Bualified olitical agency alies to the case. It contends that since its agency is

attached to the 3eartment of 'inance, whose head, the Secretary of 'inance, is an alter

ego of the President, the 6&3?s acts were also the acts of the President. Is the in4ocation ofthe doctrine by the 6&3 roer 0lain. ($9

IF. Se4eral senior officers of the rmed 'orces of the Philiines recei4ed in4itations from the

Chairerson of the Senate Committees on ational 3efense and Security for them to aear

as resource ersons in scheduled ublic hearings regarding a wide range of sub<ects. 7he

in4itations state that these ublic hearings were triggered by the ri4ilege seeches of the

Senators that there was massi4e electoral fraud during the last national elections. 7he

in4itees 6rigadier +eneral ataang and 5ieutenant Coronel a;atuwiran, who were among

those tas;ed to maintain eace and order during the last election, refused to attend because

of an 0ecuti4e &rder banning all ublic officials enumerated in aragrah 2 thereof from

aearing before either house of Congress without rior aro4al of the President to ensureadherence to the rule of eecuti4e ri4ilege. mong those included in the enumeration are

"senior officials of eecuti4e deartments who, in the <udgment of the deartment heads, are

co4ered by eecuti4e ri4ilege." Se4eral indi4iduals and grous challenge the

constitutionality of the sub<ect eecuti4e order because it frustrates the ower of the

Congress to conduct inBuiries in aid of legislation under Section %1, rticle !I of the 1E8/

Constitution. 3ecide the case. #$9

F. 7he Secretary of the 3eartment of 0n4ironment and atural @esources 30@9 issued

emorandum Circular o. 1%2-1# rescribing the administrati4e reBuirements for the

con4ersion of a timber license agreement 759 into an Integrated 'orestry anagement

greement I'9. 6C Cororation, a holder of a 75 which is about to eire, claims thatthe conditions for con4ersion imosed by the said circular are unreasonable and arbitrary

and a atent nullity because it 4iolates the non-imairment clause under the 6ill of @ights of

the 1E8/ Constitution. 6C Cororation goes to court see;ing the nullification of the sub<ect

circular. 7he 30@ mo4es to dismiss the case on the ground that 6C Cororation has

failed to ehaust administrati4e remedies which is fatal to its cause of action. If you were the

<udge, will you grant the motion 0lain. ($9



FI. 19 What is the concet of eanded <udicial re4iew under the 1E8/ Constitution 2$9

%9 3ifferentiate the rule-ma;ing ower or the ower of the Sureme Court to romulgate

rules under Section #, rticle !III of the 1E8/ Constitution and <udicial legislation. %$9

FII. 3iscuss the e4olution of the rincile of jus sanguinis as basis of 'iliino citiAenshi underthe 1E2#, 1E/2, and 1E8/ Constitutions. 2$9

FIII. &n ugust 1#, %)1#, Congresswoman 3ina 7atalo filed and sonsored =ouse 6ill o. #(2%,

entitled "n ct Pro4iding for the ortionment of the 5one 3istrict of the City of Pangara."

7he bill e4entually became a law, @.. o. 1%2(. It mandated that the lone legislati4e district

of the City of Pangara would now consist of two %9 districts. 'or the %)1* elections, the

4oters of the City of Pangara would be classified as belonging to either the first or second

district, deending on their lace of residence. 7he constituents of each district would elect

their own reresentati4e to Congress as well as eight 89 members of the Sangguniang

Panglungsod. @.. o. 1%2( aortioned the City?s barangays. 7he C&050C thereafter

romulgated @esolution o. %1/) imlementing @.. o. 1%2(.

Piolo CruA assails the C&050C @esolution as unconstitutional. ccording to him, @.. o.

1%2( cannot be imlemented without conducting a lebiscite because the aortionment

under the law falls within the meaning of creation, di4ision, merger, abolition or substantial

alteration of boundaries of cities under Section 1), rticle F of the 1E8/ Constitution. Is the

claim correct 0lain. ($9

FI!. Congress enacted @.. o. 1(2(( creating the City of asuwerte which too; effect on

Setember %#, %)1(. Section %2 of the law secifically eemts the City of asuwerte from

the ayment of legal fees in the cases that it would file andGor rosecute in the courts of law.

In two %9 cases that it filed, the City of asuwerte was assessed legal fees by the cler; ofcourt ursuant to @ule 1(1 5egal 'ees9 of the @ules of Court. 7he City of asuwerte

Buestions the assessment claiming that it is eemt from aying legal fees under Section %2

of its charter. Is the claim of eemtion tenable 0lain. ($9

F!. 7he President aointed 3eter I. 7y as Chairerson of the C&050C on Dune 1(, %)11 for

a term of se4en /9 years ursuant to the 1E8/ Constitution. =is term of office started on

Dune %, %)11 to end on Dune %, %)18. SubseBuently, the President aointed s. ari;it as

the third member of the C&050C for a term of se4en /9 years starting Dune %, %)1( until

Dune %, %)%1. &n Dune %, %)1#, Chairerson 7y retired otionally after ha4ing ser4ed the

go4ernment for thirty 2)9 years. 7he President then aointed Commissioner ari;it as

C&050C Chairerson. 7he Commission on ointments confirmed her aointment. 7heaointment aers eressly indicate that ari;it will ser4e as C&050C Chairerson

"until the eiration of the original term of her office as C&050C Commissioner or on Dune

%, %)%1." atalino, a ta ayer, files a etition for certiorari before the Sureme Court

asserting that the aointment of ari;it as C&050C Chairerson is unconstitutional for

the following reasons: 19 7he aointment of ari;it as C&050C Chairerson constituted

a reaointment which is roscribed by Section 1 %9, rticle IF of the 1E8/ Constitution and

%9 the term of office eressly stated in the aointment aers of ari;it li;ewise



contra4enes the aforementioned constitutional ro4ision. Will the constitutional challenge

succeed 0lain. ($9

F!I. 19 +andang 6ai filed her certificate of candidacy C&C9 for municial mayor stating that she

is eligible to run for the said osition. Pasyo aaga, who also filed his C&C for the same

osition, filed a etition to deny due course or cancel 6ai?s C&C under Section /8 of the&mnibus 0lection Code for material misreresentation as before 6ai filed her C&C, she had

already been con4icted of a crime in4ol4ing moral turitude. =ence, she is disBualified

eretually from holding any ublic office or from being elected to any ublic office. 6efore

the election, the C&050C cancelled 6ai? s C&C but her motion for reconsideration @9

remained ending e4en after the election. 6ai garnered the highest number of 4otes followed

by Pasyo aaga, who too; his oath as cting ayor. 7hereafter, the C&050C denied

6ai?s @ and declared her disBualified for running for ayor. P. aaga as;ed the

3eartment of Interior and 5ocal +o4ernment Secretary to be allowed to ta;e his oath as

ermanent municial mayor. 7his reBuest was oosed by !ice ayor Hmaasa, in4o;ing the

rule on succession to the ermanent 4acancy in the ayor?s office. Who between Pasyo

aaga and !ice ayor Hmaasa has the right to occuy the osition of ayor 0lain your answer. #$9

%9 =ow do you differentiate the etition filed under Section *8 from the etition filed under

Section /8, both of the &mnibus 0lection Code 2$9

F!II. 7he +ay, 6iseual and 7ransgender outh ssociation +679, an organiAation of gay,

biseual, and transgender ersons, filed for accreditation with the C&050C to <oin the

forthcoming arty-list elections. 7he C&050C denied the alication for accreditation on

the ground that +67 esouses immorality which offends religious dogmas. +67

challenges the denial of its alication based on moral grounds because it 4iolates its right to

eBual rotection of the law.

19 What are the three 29 le4els of test that are alied in eBual rotection cases

0lain. 2$9

%9 Which of the three 29 le4els of test should be alied to the resent case

0lain. 2$9

F!III. round 1%:)) midnight, a team of olice officers was on routine atrol in 6arangay

a;atarungan when it noticed an oen deli4ery 4an neatly co4ered with banana lea4es.

6elie4ing that the 4an was loaded with contraband, the team leader flagged down the 4ehicle

which was dri4en by =ades. =e inBuired from =ades what was loaded on the 4an. =ades <ust ga4e the olice officer a blan; stare and started to ersire rofusely. 7he olice officers

then told =ades that they will loo; inside the 4ehicle. =ades did not ma;e any rely. 7he

olice officers then lifted the banana lea4es and saw se4eral boes. 7hey oened the boes

and disco4ered se4eral ;ilos of shabu inside. =ades was charged with illegal ossession of

illegal drugs. fter due roceedings, he was con4icted by the trial court. &n aeal, the Court

of eals affirmed his con4iction.



In his final bid for eoneration, =ades went to the Sureme Court claiming that his

constitutional right against unreasonable searches and seiAures was 4iolated when the

olice officers searched his 4ehicle without a warrant that the shabu confiscated from him is

thus inadmissible in e4idence and that there being no e4idence against him, he is entitled to

an acBuittal.

'or its art, the Peole of the Philiines maintains that the case of =ades in4ol4ed a

consented warrantless search which is legally recogniAed. 7he Peole ad4erts to the fact

that =ades did not offer any rotest when the olice officers as;ed him if they could loo;

inside the 4ehicle. 7hus, any e4idence obtained in the course thereof is admissible in

e4idence.

Whose claim is correct 0lain. #$9

FIF. Pursuant to its mandate to manage the orderly sale, disosition and ri4atiAation of the

ational Power Cororation?s PC9 generation assets, real estate and other disosable

assets, the Power Sector ssets and 5iabilities anagement PS59 started the biddingrocess for the ri4atiAation of ngat =ydro 0lectric Power Plant =0PP9. fter e4aluation

of the bids, M-Po 0nergy Cororation, a South Morean Comany, was the highest bidder.

ConseBuently, a notice of award was issued to M-Po. 7he CitiAens? Party Buestioned the

sale arguing that it 4iolates the constitutional ro4isions on the aroriation and utiliAation of

a natural resource which should be limited to 'iliino citiAens and cororations which are at

least *)$ 'iliino-owned. 7he PS5 countered that only the hydroelectric facility is being

sold and not the ngat 3am and that the utiliAation of water by a hydroelectric ower lant

does not constitute aroriation of water from its natural source of water that enters the

inta;e gate of the ower lant which is an artificial structure. Whose claim is correct

0lain. ($9

FF. 7yhoon 6angis de4astated the Pro4ince of Sinagtala. @oads and bridges were destroyed

which imeded the entry of 4ehicles into the area. 7his caused food shortage resulting in

massi4e looting of grocery stores and malls. 7here is ower outage also in the area. 'or

these reasons, the go4ernor of the ro4ince declares a state of emergency in their ro4ince

through Proclamation o. 1. =e also in4o;ed Section (*# of the 5ocal +o4ernment Code of

1EE1 @.. o. /1*)9 which 4ests on the ro4incial go4ernor the ower to carryout

emergency measures during man-made and natural disasters and calamities, and to call

uon the aroriate national law enforcement agencies to suress disorder and lawless

4iolence. In the same roclamation, the go4ernor called uon the members of the Philiine

ational Police, with the assistance of the rmed 'orces of the Philiines, to set u

chec;oints and cho;eoints, conduct general searches and seiAures including arrests, andother actions necessary to ensure ublic safety. Was the action of the ro4incial go4ernor

roer 0lain. ($9

FFI. 7he Partido ng aag;a;atiwalaang Piliino PP9 is a ma<or olitical arty which has

articiated in e4ery election since the enactment of the 1E8/ Constitution. It has fielded

candidates mostly for legislati4e district elections. In fact, a number of its members were



elected, and are actually ser4ing, in the =ouse of @eresentati4es. In the coming %)1*

elections, the PP leadershi intends to <oin the arty-list system.

Can PP <oin the arty-list system without 4iolating the Constitution and @eublic ct @..9

o. /E(1 ($9

FFII. 7he President aoints 0milio elchor as Chairerson of the Ci4il Ser4ice Commission.

Hon confirmation of elchor?s aointment, the President issues an eecuti4e order

including him as 0-&fficio member of the 6oard of 7rustees of the +o4ernment Ser4ice

Insurance System +SIS9, 0mloyees Comensation Commission 0CC9, and the 6oard of

3irectors of the Philiine =ealth Insurance Cororation P=I5=057=9. llegedly, this is

based on the dministrati4e Code of 1EE/ 0.&. o. %E%9, articularly Section 1(, Chater 2,

7itle I-, 6oo; !. 7his ro4ision reads: "7he chairman of the CSC shall be a member of the

6oard of 3irectors of other go4erning bodies of go4ernment entities whose functions affect

the career de4eloment, emloyment, status, rights, ri4ileges, and welfare of go4ernment

officials and emloyees... " taayer Buestions the designation of elchor as e-officio

member of the said cororations before the Sureme Court based on two %9 grounds, to wit:19 it 4iolates the constitutional rohibition on members of the Constitutional Commissions to

hold any other office or emloyment during his tenure and %9 it imairs the indeendence of

the CSC. Will the etition roser 0lain. ($9

bar questions - poli

Documents