POLITICAL LAW BAR EXAM QUESTIONS 2010-2019

2010

PART I

The dictatorial regime of President A of the Republic of Gordon was toppled by a combined force led
by Gen. Abe, former royal guards and the secessionist Gordon People’s Army. The new government
constituted a Truth and Reconciliation Commission to look into the serious crimes committed under
President A’s regime. After the hearings, the Commission recommended that an amnesty law be
passed to cover even those involved in mass killings of members of indigenous groups who opposed
President A. International human rights groups argued that the proposed amnesty law is contrary to
international law. Decide with reasons. (4%)

II

Compare and contrast the jurisdiction of the International Criminal Court and International Court of
Justice. (3%)

III

A, a British photojournalist, was covering the violent protests of the Thai Red-Shirts Movement in
Bangkok. Despite warnings given by the Thai Prime Minister to foreigners, specially journalists, A
moved around the Thai capital. In the course of his coverage, he was killed with a stray bullet which
was later identified as having come from the ranks of the Red-Shirts. The wife of A sought relief from
Thai authorities but was refused assistance.

a. Is there state responsibility on the part of Thailand? (2%)

b. What is the appropriate remedy available to the victim’s family under international law? (3%)

IV

Choose the statement which appropriately completes the opening phrase:

“A 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 expel the nationals of the offending state.
d. should apply proportionate response within appreciable limit.
e. None of the above.

Explain your answer. (2%)

Congresswoman A is a co-owner of an industrial estate in Sta. Rosa, Laguna which she had declared
in her Statement of Assets and Liabilities. A member of her political party authored a bill which would
provide a 5-year development plan for all industrial estates in the Southern Tagalog Region to attract
investors. The plan included an appropriation of 2 billion pesos for construction of roads around the
estates. When the bill finally became law, a civil society watchdog questioned the constitutionality of
the law as it obviously benefitted Congresswoman A’s industrial estate. Decide with reasons. (3%)

VI

The “Poverty Alleviation and Assistance Act” was passed to enhance the capacity of the most
marginalized families nationwide. A financial assistance scheme called “conditional cash transfers”
was initially funded 500 million pesos by Congress. One of the provisions of the law gave the Joint-
Congressional Oversight Committee authority to screen the list of beneficiary families initially
determined by the Secretary of Department of Social Welfare and Development pursuant to the
Department implementing rules. Mang Pandoy, a resident of Smokey Mountain in Tondo, questioned
the authority of the Committee.

a. Does Mang Pandoy have legal standing to question the law?(2%)

b. Is the grant of authority to the Oversight Committee to screen beneficiaries constitutional?
(3%)

Decide with reasons.

VII

True or False.

a. A proclamation of a state of emergency is sufficient to allow the President to take over any
public utility. (0.5%)
b. A treaty which provides tax exemption needs no concurrence by a majority of all the
Members of the Congress. (0.5%)

VIII

Distinguish “presidential communications privilege” from “deliberative process privilege.” (3%)

IX

The League of Filipino Political Scientists (LFPS) organized an international conference on the human
rights situation in Myanmar at the Central Luzon State University (CLSU). An exiled Myanmar
professor Sung Kui, critical of the military government in Myanmar, was invited as keynote speaker.
The Secretary of Foreign Affairs informed the President of the regional and national security
implications of having Prof. Kui address the conference. The President thereupon instructed the
immigration authorities to prevent the entry of Prof. Kui into Philippine territory. The chancellor of CLSU
argued that the instruction violates the Constitution. Decide with reasons. (4%)

A, the wife of an alleged victim of enforced disappearance, applied for the issuance of a Writ of Amparo
before a Regional Trial Court in Tarlac. Upon motion of A, the court issued inspection and production
orders addressed to the AFP Chief of Staff to allow entry at Camp Aquino and permit the copying of
relevant documents, including the list of detainees, if any. Accompanied by court-designated
Commission on Human Rights (CHR) lawyers, A took photographs of a suspected isolation cell where
her husband was allegedly seen being held for three days and tortured before he finally disappeared.
The CHR lawyers requested one Lt. Valdez for a photocopy of the master plan of Camp Aquino and
to confirm in writing that he had custody of the master plan. Lt. Valdez objected on the ground that it
may violate his right against self-incrimination. Decide with reasons. (4%)

XI

Which statement best completes the following phrase: (1%)

“Freedom from torture is a right

a. subject to derogation when national security is threatened.”

b. confined only during custodial investigation.”
c. which is non-derogable both during peacetime and in a situation of armed conflict.”
d. both (a) and (b)
e. none of the above.

XII

A witnessed two hooded men with baseball bats enter the house of their next door neighbor B. After
a few seconds, he heard B shouting, “Huwag Pilo babayaran kita agad.” Then A saw the two hooded
men hitting B until the latter fell lifeless. The assailants escaped using a yellow motorcycle with a
fireball sticker on it toward the direction of an exclusive village nearby. A reported the incident to PO1
Nuval. The following day, PO1 Nuval saw the motorcycle parked in the garage of a house at Sta. Ines
Street inside the exclusive village. He inquired with the caretaker as to who owned the motorcycle.
The caretaker named the brothers Pilo and Ramon Maradona who were then outside the country. PO1
Nuval insisted on getting inside the garage. Out of fear, the caretaker allowed him. PO1 Nuval took 2
ski masks and 2 bats beside the motorcycle. Was the search valid? What about the seizure? Decide
with reasons. (4%)

XIII

True or False.

a. A valid and definite offer to buy a property is a pre-requisite to expropriation initiated by a

local government unit. (0.5%)
b. Re-classification of land by a local government unit may be done through a resolution.
(0.5%)
c. Boundary disputes between and among municipalities in the same province may be filed
immediately with the Regional Trial Court. (0.5%)
d. The Metropolitan Manila Development Authority is authorized to confiscate a driver’s license
in the enforcement of traffic regulations. (0.5%)

XIV

ABC operates an industrial waste processing plant within Laoag City. Occasionally, whenever fluid
substances are released through a nearby creek, obnoxious odor is emitted causing dizziness among
residents in Barangay La Paz. On complaint of the Punong Barangay, the City Mayor wrote ABC
demanding that it abate the nuisance. This was ignored. An invitation to attend a hearing called by the
Sangguniang Panlungsod was also declined by the president of ABC. The city government thereupon
issued a cease and desist order to stop the operations of the plant, prompting ABC to file a petition for
injunction before the Regional Trial Court, arguing that the city government did not have any power to
abate the alleged nuisance. Decide with reasons. (3%)

XV

True or False.

a. A person who occupies an office that is defectively created is a de facto officer. (0.5%)
b. The rule on nepotism does not apply to designations made in favor of a relative of the
authority making a designation. (0.5%)
c. A discretionary duty of a public officer is never delegable. (0.5%)
d. Acquisition of civil service eligibility during tenure of a temporary appointee does not
automatically translate to a permanent appointment. (0.5%)

XVI

Rudy Domingo, 38 years old, natural-born Filipino and a resident of the Philippines since birth, is a
Manila-based entrepreneur who runs KABAKA, a coalition of peoples’ organizations from fisherfolk
communities. KABAKA’s operations consist of empowering fisherfolk leaders through livelihood
projects and trainings on good governance. The Dutch Foundation for Global Initiatives, a private
organization registered in The Netherlands, receives a huge subsidy from the Dutch Foreign Ministry,
which, in turn is allocated worldwide to the Foundation’s partners like KABAKA. Rudy seeks to register
KABAKA as a party-list with himself as a nominee of the coalition. Will KABAKA and Rudy be qualified
as a party-list and a nominee, respectively? Decide with reasons. (4%)

PART II

XVII

During his campaign sortie in Barangay Salamanca, Mayor Galicia was arrested at a PNP checkpoint
for carrying highpowered firearms in his car. He was charged and convicted for violation of the
COMELEC gun ban. He did not appeal his conviction and instead applied for executive clemency.
Acting on the favorable recommendation of the Board of Pardons and Parole, the President granted
him pardon. Is he eligible to run again for an elective position? Explain briefly. (5%)

XVIII

The House Committee on Appropriations conducted an inquiry in aid of legislation into alleged irregular
and anomalous disbursements of the Countrywide Development Fund (CDF) and Congressional
Initiative Allocation (CIA) of Congressmen as exposed by X, a Division Chief of the Department of
Budget and Management (DBM). Implicated in the questionable disbursements are high officials of
the Palace. The House Committee summoned X and the DBM Secretary to appear and testify. X
refused to appear, while the Secretary appeared but refused to testify invoking executive privilege.

a. May X be compelled to appear and testify? If yes, what sanction may be imposed on him?
(2%)
b. Is the Budget Secretary shielded by executive privilege from responding to the inquiries of
the House Committee? Explain briefly. If the answer is no, is there any sanction that may be
imposed upon him? (3%)
 XIX

To instill religious awareness in the students of Doña Trinidad High School, a public school in Bulacan,
the Parent- Teacher’s Association of the school contributed funds for the construction of a grotto and
a chapel where ecumenical religious services and seminars are being held after school hours. The
use of the school grounds for these purposes was questioned by a parent who does not belong to any
religious group. As his complaint was not addressed by the school officials, he filed an administrative
complaint against the principal before the DECS. Is the principal liable? Explain briefly. (5%)

XX

Define/explain the following:

a. Doctrine of operative facts (1%)

b. De facto municipal corporation (1%)
c. Municipal corporation by estoppel (1%)
d. Doctrine of necessary implication (1%)
e. Principle of holdover (1%)

XXI

The Sangguniang Panlungsod of Pasay City passed an ordinance requiring all disco pub owners to
have all their hospitality girls tested for the AIDS virus. Both disco pub owners and the hospitality girls
assailed the validity of the ordinance for being violative of their constitutional rights to privacy and to
freely choose a calling or business. Is the ordinance valid? Explain. (5%)

XXII

Governor Diy was serving his third term when he lost his governorship in a recall election.

a. Who shall succeed Governor Diy in his office as Governor? (1%)

b. Can Governor Diy run again as governor in the next election? (2%)
c. Can Governor Diy refuse to run in the recall election and instead resign from his position as
governor? (2%)

XXIII

A was a career Ambassador when he accepted an ad interim appointment as Cabinet Member. The
Commission on Appointments bypassed his ad interim appointment, however, and he was not re-
appointed. Can he re-assume his position as career Ambassador? (5%)

XXIV

Compare and contrast “overbreadth doctrine” from “void-forvagueness” doctrine. (5%)

XXV

a. What is the rotational scheme of appointments in the COMELEC? (2%)

b. What are the two conditions for its workability? (2%)
c. To what other constitutional offices does the rotational scheme of appointments apply? (2%)
 XXVI

Distinguish between “pocket veto” and “item veto.” (2%)

XXVII

What is the concept of association under international law? (2%)

 2011 (C) Yes, when there is no law providing
an appeal to the Office of the President,
(1) Filipino citizenship may be acquired through no such appeal may be pursued.
judicial naturalization only by an alien
(D) Yes, the doctrine of qualified
(A) born, raised, and educated in the political agency renders unnecessary a
Philippines who has all the further appeal to the Office of the
qualifications and none of the President.
disqualifications to become a Filipino
citizen. (3) Where A is set for promotion to
Administrative Assistant III and B to the post of
(B) who has all the qualifications and Administrative Assistant II vacated by A, the
none of the disqualifications to become appointing authority must
a Filipino citizen.
(A) submit to the CSC the two
(C) born and raised in the Philippines promotional appointments together for
who has all the qualifications and none approval.
of the disqualifications to become a
Filipino citizen. (B) not appoint B until the CSC has
approved A’s appointment.
(D) whose mother or father is a
naturalized Filipino and who himself is (C) submit to the Civil Service
qualified to be naturalized. Commission (CSC) the second
appointment after its approval of the
(2) Jax Liner applied for a public utility bus first.
service from Bacolod to Dumaguete from the
Land Transportation Franchising and (D) simultaneously issue the
Regulatory Board (LTFRB). BB Express appointments of A and B.
opposed. LTFRB ruled in favor of Jax. BB
appealed to the Secretary of the Department of (4) When a witness is granted transactional
Transportation and Communication (DOTC), immunity in exchange for his testimony on how
who reversed the LTFRB decision. Jax his immediate superior induced him to destroy
appealed to the Office of the President which public records to cover up the latter's act of
reinstated the LTFRB’s ruling. BB Express malversation of public funds, the witness may
went to the Court of Appeals on certiorari NOT be prosecuted for
questioning the decision of the Office of the
President on the ground that Office of the (A) direct contempt.
President has no jurisdiction over the case in
the absence of any law providing an appeal
(B) infidelity in the custody of public
from DOTC to the Office of the President. Will
records.
the petition prosper?
(C) falsification of public documents.
(A) No, exhaustion of administrative
remedies up to the level of the
President is a pre-requisite to judicial (D) false testimony.
recourse.
(5) Mario, a Bureau of Customs’ examiner, was
(B) No, the action of the DOTC administratively charged with grave
Secretary bears only the implied misconduct and preventively suspended
approval of the President who is not pending investigation. The head of office found
precluded from reviewing the decision him guilty as charged and ordered his
of the former. dismissal. The decision against him was
executed pending appeal. The Civil Service (A) public safety or public health
Commission (CSC) subsequently found him requires otherwise as prescribed by
guilty and after considering a number of law.
mitigating circumstances, reduced his penalty
to only one month suspension. Is Mario entitled (B) dictated by the need to maintain
to back salaries? public peace and order.

(A) Yes, the reduction of the penalty (C) public safety or order requires
means restoration of his right to back otherwise as prescribed by law.
salaries.
(D) public safety or order requires
(B) No, the penalty of one month otherwise as determined by the
suspension carries with it the forfeiture President.
of back salaries.
(8) One advantage of a written Constitution is
(C) No, he is still guilty of grave its
misconduct, only the penalty was
reduced. (A) reliability.

(D) Yes, corresponding to the period of (B) permanence.

his suspension pending appeal less
one month.
(C) flexibility.
(6) Althea, a Filipino citizen, bought a lot in the
(D) expediency.
Philippines in 1975. Her predecessors-in-
interest have been in open, continuous,
exclusive and notorious possession of the lot (9) An appointment held at the pleasure of the
since 1940, in the concept of owner. In 1988, appointing power
Althea became a naturalized Australian citizen.
Is she qualified to apply for registration of the (A) essentially temporary in nature.
lot in her name?
(B) requires special qualifications of the
(A) Yes, provided she acquires back appointee.
her Filipino citizenship.
(C) requires justifiable reason for its
(B) No, except when it can be proved termination.
that Australia has a counterpart
domestic law that also favors former (D) is co-extensive with the term of the
Filipino citizens residing there. public officer who appointed him.

(C) Yes, the lot is already private in (10) The city government filed a complaint for
character and as a former natural-born expropriation of 10 lots to build a recreational
Filipino, she can buy the lot and apply complex for the members of the homeowners'
for its registration in her name. association of Sitio Sto. Tomas, the most
populated residential compound in the city. The
(D) No, foreigners are not allowed to lot owners challenged the purpose of the
own lands in the Philippines. expropriation. Does the expropriation have a
valid purpose?
(7) The privacy of communication and
correspondence shall be inviolable except (A) No, because not everybody uses a
upon lawful order of the court or when recreational complex.
 (B) No, because it intends to benefit a petition for initiative to amend the Constitution
private organization. by shifting to a unicameral parliamentary form
of government. Assuming that the petition has
(C) Yes, it is in accord with the general been signed by the required number of
welfare clause. registered voters, will it prosper?

(D) Yes, it serves the well-being of the (A) No, only Congress can exercise the
local residents. power to amend the Constitution.

(11) An example of a content based restraint (B) Yes, the people can substantially
on free speech is a regulation prescribing amend the Constitution by direct
action.
(A) maximum tolerance of pro-
government demonstrations. (C) Yes, provided Congress concurs in
the amendment.
(B) a no rally-no permit policy.
(D) No, since they seek, not an
(C) when, where, and how lawful amendment, but a revision.
assemblies are to be conducted.
(14) The Comelec en banc cannot hear and
(D) calibrated response to rallies that decide a case at first instance EXCEPT when
have become violent.
(A) a Division refers the case to it for
(12) The President forged an executive direct action.
agreement with Vietnam for a year supply of
animal feeds to the Philippines not to exceed (B) the case involves a purely
40,000 tons. The Association of Animal Feed administrative matter.
Sellers of the Philippines questioned the
executive agreement for being contrary to R.A. (C) the inhibition of all the members of
462 which prohibits the importation of animal a Division is sought.
feeds from Asian countries. Is the challenge
correct? (D) a related case is pending before the
Supreme Court en banc.
(A) Yes, the executive agreement is
contrary to our existing domestic law. (15) Each of the Constitutional Commissions is
expressly described as "independent,"
(B) No, the President is the sole organ exemplified by its
of the government in external relations
and all his actions as such form part of (A) immunity from suit.
the law of the land.
(B) fiscal autonomy.
(C) No, international agreements are
sui generis which must stand (C) finality of action.
independently of our domestic laws.
(D) collegiality.
(D) Yes, the executive agreement is
actually a treaty which does not take (16) There is double jeopardy when the
effect without ratification by the Senate. dismissal of the first case is
(13) Jose Cruz and 20 others filed a petition (A) made at the instance of the
with the COMELEC to hold a plebiscite on their
accused invoking his right to fair trial.
 (B) made upon motion of the accused (D) published and all stakeholders are
without objection from the prosecution. personally notified.

(C) made provisionally without (19) The government sought to expropriate a

objection from the accused. parcel of land belonging to Y. The law provides
that, to get immediate possession of the land,
(D) based on the objection of the the government must deposit the equivalent of
accused to the prosecution's motion to the land's zonal value. The government
postpone trial. insisted, however, that what apply are the rules
of court which require an initial deposit only of
(17) The new Commissioner of Immigration, the assessed value of the property. Which
Mr. Suarez, issued an Office Order directing should prevail on this matter, the law or the
the top immigration officials to tender courtesy rules of court?
resignation to give him a free hand in
reorganizing the agency. In compliance, (A) Both law and rules apply because
Director Sison of the Administrative just compensation should be fixed
Department tendered his resignation in writing based on its zonal or assessed value,
which Mr. Suarez immediately accepted. whichever is higher.
Director Sison went to court, assailing the
validity of his courtesy resignation and Mr. (B) Both law and rules apply because
Suarez’s acceptance of the same. Will the just compensation should be fixed
action prosper? based on its zonal or assessed value,
whichever is lower.
(A) No, Director Sison tendered his
resignation and it was accepted. (C) The law should prevail since the
right to just compensation is a
(B) No, estoppel precludes Director substantive right that Congress has the
Sison from disclaiming the resignation power to define.
he freely tendered.
(D) The rules of court should prevail
(C) Yes,for so long as no one has yet since just compensation is a procedural
been appointed to replace him, Director matter subject to the rule making power
Sison may still withdraw his of the Supreme Court.
resignation.
(20) After X, a rape suspect, was apprised of
(D) Yes, Director Sison merely his right to silence and to counsel, he told the
complied with the order of the head of investigators that he was waiving his right to
office; the element of clear intention to have his own counsel or to be provided one. He
relinguish office is lacking. made his waiver in the presence of a retired
Judge who was assigned to assist and explain
(18) An administrative rule that fixes rates is to him the consequences of such waiver. Is the
valid only when the proposed rates are waiver valid?

(A) published and filed with the UP Law (A) No, the waiver was not reduced in
Center. writing.

(B) published and hearings are (B) Yes, the mere fact that the lawyer
conducted. was a retired judge does not cast doubt
on his competence and independence.
(C) published and posted in three
public places.
 (C) Yes, the waiver was made (A) only to present conditions.
voluntarily, expressly, and with
assistance of counsel. (B) so long as it remains relevant to the
government.
(D) No, a retired Judge is not a
competent and independent counsel. (C) for a limited period only.

(21) Governor Paloma was administratively (D) for as long as the problem to be
charged with abuse of authority before the corrected exists.
Office of the President. Pending hearing, he
ran for reelection and won a second term. He (24) The President wants to appoint A to the
then moved to dismiss the charge against him vacant post of Associate Justice of the
based on this supervening event. Should the Supreme Court because of his qualifications,
motion be granted? competence, honesty, and efficiency. But A’s
name is not on the list of nominees that the
(A) Yes, Governor Paloma's reelection Judicial and Bar Council (JBC) submitted to the
is an expression of the electorate's President. What should the President do?
obedience to his will.
(A) Request the JBC to consider
(B) No, Governor Paloma's reelection adding A to the list.
cannot extinguish his liability for
malfeasance in office. (B) Decline to appoint from the list.

(C) No, Governor Paloma's reelection (C) Appoint from the list.
does not render moot the
administrative case already pending
(D) Return the list to JBC.
when he filed his certificate of
candidacy for his reelection bid.
(25) Courts may still decide cases that have
otherwise become academic when they involve
(D) Yes, Governor Paloma's reelection
is an expression of the electorate's
restored trust. (A) the basic interest of people.

(22) The decision of the Regional Trial Court on (B) petitions for habeas corpus.
appeals pertaining to inclusions or exclusions
from the list of voters (C) acts of the Chief Executive.

(A) is inappealable. (D) Presidential election protests.

(B) is subject to an action for (26) The right of the State to prosecute crimes
annulment. by available evidence must yield to the right of

(C) may be brought straight to the (A) the accused against self-
Supreme Court. incrimination.

(D) is appealable to the Commission on (B) another State to extradite a fugitive

Elections. from justice.

(23) The equal protection clause allows valid (C) the State to deport undesirable
classification of subjects that applies aliens.
 (D) the complainant to drop the case insisting that the agency’s lawyers can file the
against the accused. action. Is the Solicitor General correct?

(27) A temporary appointee to a public office (A) Yes, when he deems he cannot
who becomes a civil service eligible during his harmoniously and effectively work with
tenure the requesting agency.

(A) loses his temporary appointment (B) No, he must, in choosing whether to
without prejudice to his re-appointment prosecute an action, exercise his
as permanent. discretion according to law and the best
interest of the State.
(B) has the right to demand conversion
of his appointment to permanent. (C) Yes, as in any lawyer-client
relationship, he has the right to choose
(C) automatically becomes a whom to serve and represent.
permanent appointee.
(D) No, the Solicitor General's duty to
(D) retains his temporary appointment. represent the government, its offices
and officers is mandatory and absolute.
(28) Upon endorsement from the Senate where
it was first mistakenly filed, the House of (30) A department secretary may, with the
Representatives Committee on Justice found President's consent, initiate his appearance
the verified complaint for impeachment against before the Senate or the House of
the President sufficient in form but insufficient Representatives which
in substance. Within the same year, another
impeachment suit was filed against the (A) must seek the concurrence of the
President who questioned the same for being other House before acting.
violative of the Constitution. Is the President
correct? (B) must hold an executive session to
hear the department secretary.
(A) No, "initiated" means the Articles of
Impeachment have been actually filed (C) may altogether reject the initiative.
with the Senate for trial; this did not yet
happen. (D) must accept such initiated
appearance.
(B) No, the first complaint was not
deemed initiated because it was (31) The Metro Manila Development Authority
originally filed with the Senate. (MMDA) passed a rule authorizing traffic
enforcers to impound illegally parked vehicles,
(C) Yes, the dismissal of the first for the first offense, and confiscate their
impeachment proceeding bars the registration plates for the second. The MMDA
initiation of another during the same issued this rule to implement a law that
term of the President. authorized it to suspend the licenses of drivers
who violate traffic rules. Is the MMDA rule
(D) Yes, no impeachment proceeding valid?
can be filed against the President more
than once within a year. (A) No, since the MMDA does not have
rule-making power.
(29) The Solicitor General declines to institute
a civil action on behalf of a government agency (B) Yes, it is a valid exercise of the
due to his strained relation with its head, power of subordinate legislation.
 (C) Yes, it is an implicit consequence of (C) X is entitled to reinstatement but not
the law upon which it acted. to back salaries on ground of "damnum
absque injuria."
(D) No, the rule goes beyond the
sphere of the law. (D) X is entitled to reinstatement and
back salaries during his suspension
(32) Senator Bondoc was charged with murder pending appeal.
and detained at the Quezon City Jail. He
invoked, in seeking leave from the court to (34) Courts may dismiss a case on ground of
attend the session of the Senate, his immunity mootness when
from arrest as a Senator. How should the court
rule on his motion? (A) the case is premature.

(A) Deny the motion unless the Senate (B) petitioner lacks legal standing.
issues a resolution certifying to the
urgency of his attendance at its (C) the questioned law has been
sessions. repealed.

(B) Grant the motion provided he posts (D) the issue of validity of law was not
bail since he is not a flight risk. timely raised.

(C) Grant the motion so as not to (35) Alfredo was elected municipal mayor for 3
deprive the people who elected him consecutive terms. During his third term, the
their right to be represented in the municipality became a city. Alfredo ran for city
Senate. mayor during the next immediately succeeding
election. Voltaire sought his disqualification
(D) Deny the motion since immunity citing the 3 term limit for elective officials. Will
from arrest does not apply to a charge Voltaire's action prosper?
of murder.
(A) No, the 3 term limit should not apply
(33) X, an administrative officer in the to a person who is running for a new
Department of Justice, was charged with grave position title.
misconduct and preventively suspended for 90
days pending investigation. Based on the (B) Yes, the 3 term limit applies
evidence, the Secretary of Justice found X regardless of any voluntary or
guilty as charged and dismissed him from the involuntary interruption in the service of
service. Pending appeal, X's dismissal was the local elective official.
executed. Subsequently, the Civil Service
Commission (CSC) reversed the Secretary’s
(C) Yes, the 3 term limit uniformly
decision and the reversal became final and
applies to the office of mayor, whether
executory. What is the effect of X's
for city or municipality.
exoneration?
(D) No, the 3 term limit should not apply
(A) X is entitled to reinstatement and to a local government unit that has
back salaries both during his 90 day assumed a different corporate
preventive suspension and his
existence.
suspension pending appeal.

(B) X is entitled to reinstatement and

back salaries corresponding only to the
period of delay caused by those
prosecuting the case against him.
(36) In what scenario is an extensive search of assistance by his government. State X, as
moving vehicles without warrant valid? signatory to the Vienna Convention, agreed to
ICJ's compulsory jurisdiction over all disputes
(A) The police became suspicious on regarding the interpretation or application of the
seeing something on the car’s back Vienna Convention. ICJ ruled that State X
seat covered with blanket. violated its obligation to provide consular
notification to the foreign national's country. ICJ
(B) The police suspected an unfenced also required State X to review and reconsider
lot covered by rocks and bushes was the life sentence imposed on the foreign
planted to marijuana. national. State X then wrote the United Nations
informing that it was withdrawing from the
Optional Protocol on Vienna Convention and
(C) The police became suspicious
was not bound by the ICJ decision. What
when they saw a car believed to be of
principle of international law did State X
the same model used by the killers of a
violate?
city mayor.
(A) Pacta Sunt Servanda
(D) The driver sped away in his car
when the police flagged him down at a
checkpoint. (B) Act of State Doctrine

(37) Pre-proclamation controversies shall be (C) Protective Principle

heard
(D) Jus Cogens
(A) summarily without need of trial.
(40) An informer told the police that a Toyota
(B) through trial by commissioner. Car with plate ABC 134 would deliver an
unspecified quantity of ecstacy in Forbes Park,
(C) ex parte. Makati City. The officers whom the police sent
to watch the Forbes Park gates saw the
described car and flagged it down. When the
(D) through speedy arbitration. driver stopped and lowered his window, an
officer saw a gun tucked on the driver's waist.
(38) When the President orders the Chief of the The officer asked the driver to step out and he
Philippine National Police to suspend the did. When an officer looked inside the car, he
issuance of permits to carry firearms outside saw many tablets strewn on the driver's seat.
the residence, the President exercises The driver admitted they were ecstacy. Is the
search valid?
(A) the power of control.
(A) No, the rule on warrantless search
(B) the Commander-in-Chief power. of moving vehicle does not allow
arbitrariness on the part of the police.
(C) the power of supervision.
(B) Yes, the police officers had the duty
(D) the calling out power. to verify the truth of the information they
got and pursue it to the end.
(39) Carlos, a foreign national was charged
with and convicted of a serious crime in State (C) Yes, the police acted based on
X and sentenced to life imprisonment. His reliable information and the fact that an
country applied for relief with the International officer saw the driver carrying a gun.
Court of Justice (ICJ), arguing that State X did
not inform Carlos of his right under Article 36 of
the Vienna Convention to be accorded legal
 (D) No, police officers do not have (A) Yes, his immunity covers his
unbridled discretion to conduct a interactions with his official family,
warrantless search of moving vehicles. including the deceased adviser.

(41) The Commission on Elections is an (B) No, his immunity covers only work-
independent body tasked to enforce all laws related crimes.
relative to the conduct of elections. Hence, it
may (C) Yes, his immunity holds for the
whole duration of his tenure.
(A) conduct two kinds of electoral
count: a slow but official count; and a (D) No, his immunity does not cover
quick but unofficial count. crimes involving moral turpitude.

(B) make an advance and unofficial (44) The School Principal of Ramon
canvass of election returns through Magsaysay High School designated Maria, her
electronic transmission. daughter, as public school teacher in her
school. The designation was assailed on
(C) undertake a separate and unofficial ground of nepotism. Is such designation valid?
tabulation of the results of the election
manually. (A) No, because the law prohibits
relatives from working within the same
(D) authorize the citizens arm to use government unit.
election returns for unofficial count.
(B) Yes, because Maria’s position does
(42)The President may proclaim martial law not fall within the prohibition.
over a particular province subject to revocation
or extension (C) No, because her mother is not the
designating authority.
(A) by Congress,subject to ratification
by the Supreme Court. (D) No, because Maria is related to the
supervising authority within the
(B) by the Supreme Court. prohibited degree of consanguinity.

(C) by Congress alone (45) The President's appointment of an acting

secretary although Congress is in session is
(D) by Congress, upon
recommendation of the respective (A) voidable.
Sangguniang Panlalawigan.
(B) valid.
(43) During his incumbency, President Carlos
shot to death one of his advisers during a (C) invalid.
heated argument over a game of golf that they
were playing. The deceased adviser’s family (D) unenforceable.
filed a case of homicide against President
Carlos before the city prosecutor’s office. He
(46) Congress passed a bill appropriating P50
moved to dismiss the case, invoking million in assistance to locally based television
presidential immunity from suit. Should the stations subject to the condition that the
case be dismissed? amount would be available only in places
where commercial national television stations
do not operate. The President approved the
appropriation but vetoed the condition. Was the (C) Yes, it provides fair warning to gang
veto valid? members prior to arrest regarding their
unlawful conduct.
(A) Yes, since the vetoed condition
may be separated from the item. (D) Yes, it is sufficiently clear for the
public to know what acts it prohibits.
(B) Yes, the President's veto power is
absolute. (49) The people may approve or reject a
proposal to allow foreign investors to own lands
(C) No, since the veto amounted to a in the Philippines through an electoral process
suppression of the freedom to called
communicate through television.
(A) referendum.
(D) No, since the approval of the item
carried with it the approval of the (B) plebiscite.
condition attached to it.
(C) initiative.
(47) In the exercise of its power of legislative
inquiries and oversight functions, the House of (D) certification.
Representatives or the Senate may only ask
questions (50) Where a candidate for the Senate stated
in his certificate of candidacy that he is single,
(A) that the official called is willing to when he is very much married, though
answer. separated, his certificate of candidacy

(B) that are relevant to the proposed (A) may be canceled.

legislation.
(B) will subject him to a quo warranto
(C) to which the witness gave his prior action.
consent.
(C) remains valid.
(D) material to the subject of inquiry.
(D) may be denied due course.
(48) An ordinance prohibits "notorious street
gang members" from loitering in public places. (51) A candidate who commits vote buying on
The police are to disperse them or, if they Election Day itself shall be prosecuted by the
refuse, place them under arrest. The ordinance
enumerates which police officers can make
(A) COMELEC.
arrest and defines street gangs, membership in
them, and public areas. The ordinance was
challenged for being vague regarding the (B) Secretary of Justice.
meaning of "notorious street gang members."
Is the ordinance valid? (C) police and other law enforcement
agencies.
(A) No, it leaves the public uncertain as
to what conduct it prohibits. (D) City or Provincial Prosecutor.

(B) No, since it discriminates between (52) A law authorized the Secretary of
loitering in public places and loitering in Agriculture to require the quarantine of animals
private places. that suffer from dangerous communicable
diseases at such place and for such time he
deems necessary to prevent their spread. The involving the election of Congressmen since
Secretary of Agriculture issued a regulation, the Constitution grants COMELEC jurisdiction
imposing a penalty of imprisonment for 10 days over all pre-proclamation cases, without
on persons transporting quarantined animals distinction. Is Yani correct?
without his permission. The regulation is
(A) Yes, the Constitution grants
(A) a valid exercise of the power of jurisdiction to COMELEC on all pre-
subordinate legislation. proclamation cases, without exception.

(B) invalid for being ultra vires. (B) No, COMELEC’s jurisdiction over
pre-proclamation cases pertains only
(C) a valid exercise of police power. to elections for regional, provincial, and
city officials.
(D) invalid for being discriminatory.
(C) No, COMELEC’s jurisdiction over
(53) Small-scale utilization of natural resources pre-proclamation cases does not
by Filipino citizens may be allowed by include those that must be brought
directly to the courts.
(A) Congress.
(D) Yes, any conflict between the law
and the Constitution relative to
(B) either the Senate or the House of
COMELEC's jurisdiction must be
Representatives.
resolved in favor of the Constitution.
(C) the President.
(56) When the Supreme Court nullified the
decisions of the military tribunal for lack of
(D) the President with the consent of jurisdiction, it excluded from their coverage
Congress. decisions of acquittal where the defendants
were deemed to have acquired a vested right.
(54) When the Civil Service Commission (CSC) In so doing, the Supreme Court applied
approves the appointment of the Executive
Director of the Land Transportation (A) the operative fact doctrine.
Franchising and Regulatory Board who
possesses all the prescribed qualifications, the
(B) the rule against double jeopardy.
CSC performs
(C) the doctrine of supervening event.
(A) a discretionary duty.
(D) the orthodox doctrine.
(B) a mix discretionary and ministerial
duty.
(57) Accused X pleaded not guilty to the charge
of homicide against him. Since he was
(C) a ministerial duty.
admitted to bail, they sent him notices to attend
the hearings of his case. But he did not show
(D) a rule-making duty. up, despite notice, in four successive hearings
without offering any justification. The
(55) Xian and Yani ran for Congressman in the prosecution moved to present evidence in
same district. During the canvassing, Yani absentia but the court denied the motion on the
objected to several returns which he said were ground that the accused has a right to be
tampered with. The board of canvassers did present at his trial. Is the court correct?
not entertain Yani's objections for lack of
authority to do so. Yani questions the law
prohibiting the filing of pre-proclamation cases
 (A) No, the court is mandated to hold (B) a public officer.
trial in absentia when the accused had
been arraigned, had notice, and his (C) a private warehouseman.
absence was unjustified.
(D) an agent of the party to whom the
(B) Yes, it remains discretionary on the property will ultimately be awarded.
court whether to conduct trial in
absentia even if the accused had been (60) The COMELEC en banc shall decide a
arraigned and had notice and did not motion for reconsideration of
justify his absence.
(A) the House or Representatives and
(C) Yes, it is within the court's the Senate electoral tribunals.
discretion to determine how many
postponements it will grant the accused
(B) the decision of the election
before trying him in absentia.
registrar.
(D) No, the court may reject trial in
(C) the decision of the COMELEC
absentia only on grounds of fraud,
division involving an election protest.
accident, mistake, or excusable
negligence.
(D) its own decision involving an
election protest.
(58) Following COMELEC Chairman Bocay's
conviction for acts of corruption in the
impeachment proceedings, he was indicted for (61) Adela served as Mayor of Kasim for 2
plunder before the Sandiganbayan and found consecutive terms. On her third term,
guilty, as charged. Can he get Presidential COMELEC ousted her in an election protest
pardon on the plunder case? that Gudi, her opponent, filed against her. Two
years later, Gudi faced recall proceedings and
Adela ran in the recall election against him.
(A) No, plunder is not a pardonable Adela won and served as Mayor for Gudi's
offense.
remaining term. Can Adela run again for Mayor
in the next succeeding election without
(B) No, conviction in a criminal case for violating the 3 term limit?
the same acts charged in the
impeachment proceedings is not
(A) No, she won the regular mayoralty
pardonable.
election for two consecutive terms and
the recall election constitutes her third
(C) Yes, convictions in two different term.
fora for the same acts, are too harsh
that they are not beyond the reach of
(B) A. No, she already won the
the President’s pardoning power.
mayoralty election for 3 consecutive
terms.
(D) Yes, conviction in court in a criminal
action is subject to the President's (C) Yes, her ouster from office in her
pardoning power. third term interrupted the continuity of
her service as mayor.
(59) A private person constituted by the court
as custodian of property attached to secure a
(D) Yes, the fresh mandate given her
debt sought to be recovered in a civil
during the recall election erased her
proceeding is
disqualification for a third term.
(A) a private sheriff.
(62) A child born in the United States to a (65) Whose appointment is NOT subject to
Filipino mother and an American father is confirmation by the Commission on
Appointments?
(A) a Filipino citizen by election.
(A) Chairman of the Civil Service
(B) a repatriated Filipino citizen. Commission

(C) a dual citizen. (B) Chief Justice of the Supreme Court

(D) a natural born Filipino citizen. (C) Chief of Staff of the Armed Forces
of the Philippines
(63) Involuntary servitude may be required as
(D) Executive Secretary
(A) part of rehabilitation of one duly
charged with a crime. (66) The system of checks and balances
operates when
(B) substitute penalty for one who has
been duly tried for a crime. (A) the President nullifies a conviction
in a criminal case by pardoning the
(C) punishment for a crime where one offender.
has been duly convicted.
(B) Congress increases the budget
(D) condition precedent to one's valid proposal of the President.
arraignment.
(C) the President does not release the
(64) Van sought to disqualify Manresa as countryside development funds to
congresswoman of the third district of Manila members of Congress.
on the ground that the latter is a greencard
holder. By the time the case was decided (D) Congress expands the appellate
against Manresa, she had already served her jurisdiction of the Supreme Court, as
full term as congresswoman. What was defined by the Constitution.
Manresa's status during her incumbency as
congresswoman? (67) The price of staple goods like rice may be
regulated for the protection of the consuming
(A) She was a de jure officer, having public through the exercise of
been duly elected.
(A) power of subordinate legislation.
(B) She was not a public officer
because she had no valid existing (B) emergency power.
public office.
(C) police power.
(C) She was a de jure officer since she
completed her term before she was (D) residual power.
disqualified.
(68) Associate Justice A retires from the
(D) She was a de facto officer since Supreme Court 90 days before the forthcoming
she was elected, served, and her Presidential election. May the incumbent
disqualification only came later. President still appoint Justice A's successor?
 (A) No, it will violate the Constitutional (C) Atty. Crispin's defense is valid since
prohibition against midnight he was unaware of the pendency of the
appointments. case.

(B) Yes, vacancies in the Supreme (D) As Clerk of Court, Atty. Crispin
Court should be filled within 90 days enjoys absolute immunity from suit for
from occurrence of the vacancy. acts relating to his work.

(C) Yes, vacancies in the Supreme (71) The Housing and Land Use Regulatory
Court should be filled within 90 days Board (HLURB) found Atlantic Homes, Inc.
from submission of JBC nominees to liable in damages arising from its delayed
the President. release of the title to the house and lot that it
sold to Josephine. Atlantic appealed to the
(D) No, the incumbent President must Office of the President which rendered a one
yield to the choice of the next President page decision, affirming the attached HLURB
judgment. Atlantic challenges the validity of the
(69) The President may set a limit on the decision of the Office of the President for not
country's import quota in the exercise of his stating the facts and the law on which it is
based. Is the challenge correct?
(A) delegated power.
(A) No, the Office of the President is
governed by its own rules respecting
(B) concurring power.
review of cases appealed to it.
(C) residual power.
(B) Yes, the decision of the Office of the
President must contain its own crafted
(D) inherent power. factual findings and legal conclusions.
(70) Amor sued for annulment of a deed of sale (C) Yes, administrative due process
of Lot 1. While the case was ongoing, Baltazar, demands that the Office of the
an interested buyer, got a Certification from President make findings and
Atty. Crispin, the Clerk of Court, that Lot 1 was conclusions independent of its
not involved in any pending case before the subordinate.
court. Acting on the certification, the Register
of Deeds canceled the notice of lis pendens
(D) No, the Office of the President is
annotated on Lot 1’s title. Amor filed a damage
not precluded from adopting the factual
suit against Atty. Crispin but the latter invoked
findings and legal conclusions
good faith and immunity from suit for acts
contained in the HLURB decision.
relating to his official duty, claiming he was not
yet the Clerk of Court when Amor filed his
action. Decide. (72) A collision occurred involving a passenger
jeepney driven by Leonardo, a cargo truck
(A) Atty. Crispin is immune from suit driven by Joseph, and a dump truck driven by
since he enjoys the presumption of Lauro but owned by the City of Cebu. Lauro
regularity of performance of public was on his way to get a load of sand for the
repair of the road along Fuente Street, Cebu
duty.
City. As a result of the collision, 3 passengers
of the jeepney died. Their families filed a
(B) Atty. Crispin's defense is invalid complaint for damages against Joseph who in
since he issued his certification turn filed a third party complaint against the City
recklessly without checking the facts. of Cebu and Lauro. Is the City of Cebu liable
for the tort committed by its employee?
 (A) The City of Cebu is not liable (D) Yes, the trial judge may reasonably
because its employee was engaged in rely on the prosecution's manifestation
the discharge of a governmental that he had no objection to the grant of
function. bail.

(B) The City of Cebu is liable for the tort (75) The President CANNOT call out the
committed by its employee while in the military
discharge of a non-governmental
function. (A) to enforce customs laws.

(C) The City of Cebu is liable in accord (B) to secure shopping malls against
with the precept of respondeat terrorists.
superior.
(C) to arrest persons committing
(D) The City of Cebu is not liable as a rebellion.
consequence of its non-suitability.
(D) to raid a suspected haven of
(73) During promulgation of sentence, the lawless elements.
presence of the accused is mandatory but he
may appear by counsel or representative when (76) Mass media in the Philippines may be
owned and managed by
(A) he is charged with a light offense.
(A) corporations wholly owned and
(B) he was able to cross-examine the managed by Filipinos.
prosecution’s witnesses.
(B) corporations 60% owned by
(C) he waives his right to be present. Filipinos.

(D) he is convicted of a bailable (C) corporations wholly owned by

offense. Filipinos.

(74) An information for murder was filed against (D) corporations 60% owned and
X. After examining the case records forwarded managed by Filipinos.
to him by the prosecution, the trial judge
granted bail to X based on the prosecution's (77) Procedural due process in administrative
manifestation that it was not objecting to the proceedings
grant of bail. Is the trial judge correct?
(A) requires the tribunal to consider the
(A) Yes, the trial judge may evaluate evidence presented.
the strength or weakness of the
evidence based on the case records
(B) allows the losing party to file a
forwarded to him.
motion for reconsideration.
(B) No, the trial judge should have held
(C) requires hearing the parties on oral
a hearing to ascertain the quality of the
argument.
evidence of guilt that the prosecution
had against X.
(D) permits the parties to file
memoranda.
(C) No, the trial judge should have
conducted a hearing to ascertain first
whether or not X was validly arrested.
(78) The Constitution prohibits cruel and (A) No, public officers may be sued to
inhuman punishments which involve restrain him from enforcing an act
claimed to be unconstitutional.
(A) torture or lingering suffering.
(B) Yes, the order was not a proprietary
(B) primitive and gross penalties. act of the government.

(C) unusual penal methods. (C) No, only the president may raise
the defense of immunity from suit.
(D) degrading and queer penalties.
(D) Yes, Secretary Chua cannot be
(79) Judge Lloyd was charged with serious sued for acts done in pursuance to his
misconduct before the Supreme Court. The public office.
Court found him guilty and ordered him
dismissed. Believing that the decision was not (81) Anton was the duly elected Mayor of
immediately executory, he decided a case that Tunawi in the local elections of 2004. He got
had been submitted for resolution. The 51% of all the votes cast. Fourteen months
decision became final and executory. But the later, Victoria, who also ran for mayor, filed with
losing party filed a certiorari action with the the Local Election Registrar, a petition for recall
Court of Appeals seeking to annul the writ of against Anton. The COMELEC approved the
execution issued in the case and bar Judge petition and set a date for its signing by other
Lloyd from further acting as judge. Can the qualified voters in order to garner at least 25%
relief against Judge Lloyd be granted? of the total number of Bar Examination
Questionnaire for Political Law Set A registered
(A) No, Judge Lloyd's right to stay as voters or total number of those who actually
judge may be challenged only by direct voted during the local election in 2005,
proceeding, not collaterally. whichever is lower. Anton attacked the
COMELEC resolution for being invalid. Do you
agree with Anton?
(B) Yes, the action against Judge Lloyd
may be consolidated with the case
before the Court of Appeals and (A) No, the petition, though initiated by
decided by it. just one person, may be ratified by at
least 25% of the total number of
registered voters.
(C) Yes, Judge Lloyd 's right to stay as
judge may be challenged as a
necessary incident of the certiorari (B) No, the petition, though initiated by
action. just one person may be ratified by at
least 25% of those who actually voted
during the 2004 local elections.
(D) No, the losing party has no standing
to challenge Judge Lloyd's right to stay
as judge. (C) Yes, the petition should be initiated
by at least 25% of the total number of
(80) Executive Secretary Chua issued an order registered voters who actually voted
prohibiting the holding of rallies along Mendiola during the 2004 local elections.
because it hampers the traffic flow to
Malacanang. A group of militants questioned (D) Yes,the petition should be initiated
the order for being unconstitutional and filed a by at least 25% of the total number of
case against Secretary Chua to restrain him registered voters of Tunawi.
from enforcing the order. Secretary Chua
raised state immunity from suit claiming that
the state cannot be sued without its consent. Is
the claim correct?
(82) Using the description of the supplier of (B) the President, the appointing
shabu given by persons who had been arrested power.
earlier for selling it, the police conducted a
surveillance of the area indicated. When they (C) Supreme Court issuances.
saw a man who fitted the description walking
from the apartment to his car, they approached (D) the rules of court.
and frisked him and he did not object. The
search yielded an unlicensed gun tucked on his (85) When an elective official's preventive
waist and shabu in his car. Is the search valid? suspension will result in depriving his
constituents of his services or representation,
(A) No, the man did not manifest any the court may
suspicious behavior that would give the
police sufficient reason to search him.
(A) require the investigating body to
expedite the investigation.
(B) Yes, the police acted on reliable
information which proved correct when
(B) hold in abeyance the period of such
they searched the man and his car.
suspension.
(C) Yes, the man should be deemed to
(C) direct the holding of an election to
have waived his right to challenge the
fill up the temporary vacancy.
search when he failed to object to the
frisking.
(D) shorten the period of such
suspension.
(D) No, reliable information alone,
absent any proof beyond reasonable
doubt that the man was actually (86) When the State requires private
committing an offense, will not validate cemeteries to reserve 10% of their lots for
the search. burial of the poor, it exercises its

(83) A law interfering with the rights of the (A) eminent domain power.
person meets the requirements of substantive
due process when (B) zoning power.

(A) the means employed is not against (C) police power.

public policy.
(D) taxing power.
(B) it is in accord with the prescribed
manner of enforcement as to time, (87) In the valid exercise of management
place, and person. prerogative consistent with the company's right
to protect its economic interest, it may prohibit
(C) all affected parties are given the its employees from
chance to be heard.
(A) joining rallies during their work shift.
(D) the interest of the general public, as
distinguished from those of a particular (B) marrying employees of competitor
case, requires such interference. companies.

(84) A judge of the Regional Trial Court derives (C) publicly converging with patrons of
his powers and duties from competitor companies.

(A) statute.
 (D) patronizing the product of ill-gotten wealth involving the same properties.
competitor companies. Decide. The investigation may

(88) The President issued an executive order (A) not be restrained on ground of
directing all department heads to secure his separation of powers.
consent before agreeing to appear during
question hour before Congress on matters (B) be restrained on ground of
pertaining to their departments. Is the prejudicial question.
executive order unconstitutional for
suppressing information of public concern? (C) not be restrained on ground of
presumed validity of legislative action.
(A) No, because those department
heads are his alter egos and he is but (D) be restrained for being sub judice.
exercising his right against self-
incrimination.
(91) A government that actually exercises
power and control as opposed to the true and
(B) Yes, the President cannot control lawful government is in terms of legitimacy
the initiative of the department heads to
conform with the oversight function of
(A) a government of force.
Congress.
(B) an interim government.
(C) Yes, the President cannot withhold
consent to the initiative of his
department heads as it will violate the (C) a de facto government.
principle of check and balance.
(D) an illegitimate government.
(D) No, the President has the power to
withhold consent to appearance by his (92) The Special Committee on Naturalization
department heads during question is headed by
hour.
(A) the Secretary of Justice.
(89) When the President contracted a personal
loan during his incumbency, he may be sued (B) the Secretary of Foreign Affairs.
for sum of money
(C) the National Security Adviser.
(A) during his term of office.
(D) the Solicitor General.
(B) during his tenure of office.
(93) The President issued Proclamation 9517
(C) after his term of office. declaring a state of emergency and calling the
armed forces to immediately carry out
(D) after his tenure of office. necessary measures to suppress terrorism and
lawless violence. In the same proclamation, he
(90) The Senate Blue Ribbon Committee directed the government's temporary takeover
summoned X, a former department secretary, of the operations of all privately owned
to shed light on his alleged illicit acquisition of communication utilities, prescribing reasonable
properties claimed by the Presidential terms for the takeover. Is the takeover valid?
Commission on Good Government. X sought to
restrain the Committee from proceeding with its (A) Yes, it is an implied power flowing
investigation because of a pending criminal from the President's exercise of
case against him before the Sandiganbayan for emergency power.
 (B) No, it is a power reserved for (B) Yes, since the power to appoint in
Congress alone. the government, if not lodged
elsewhere, belongs to the President as
(C) Yes, subject to ratification by Chief Executive.
Congress.
(C) Yes, since the power to fill up all
(D) No, it is a power exclusively government positions mentioned in the
reserved for the People's direct action. Constitution has been lodged in the
President.
(94) A candidate for Senator must be at least
35 years old on (D) No, because absent any express
authority under the Constitution, the
(A) the day he is duly proclaimed. power to appoint does not exist.

(B) the day the election is held. (97) The Chief Justice appointed X, the
President’s sister, as Assistant Court
Administrator in the Supreme Court during the
(C) the day he files his certificate of
President's tenure. Claiming that the
candidacy.
Constitution prohibits the appointment in
government of a President’s relative, a
(D) the day he takes his oath of office. taxpayer asks for its nullification. Will the
challenge prosper?
(95) The Office of the Special Prosecutor may
file an information against a public officer for (A) Yes, since the appointment
graft essentially violates the law against
nepotism.
(A) on its own initiative subject to
withdrawal of the information by the (B) Yes, because relatives of the
Ombudsman. President within the fourth civil degree
cannot be appointed as heads of
(B) independently of the Ombudsman, offices in any department of
except in plunder cases. government.

(C) only when authorized by the (C) No, X's appointment, although in
Ombudsman. the government, is not in the Executive
Department that the President heads.
(D) independently of the Ombudsman.
(D) No, the position to which X was
(96) Since the Constitution is silent as to who appointed is not among those
can appoint the Chairman of the Commission prohibited under the Constitution.
on Human Rights, the President appointed W
to that position without submitting his (98)May an incumbent Justice of the Supreme
appointment to the Commission on Court be disbarred as a lawyer?
Appointments for confirmation. Is W’s
appointment by the President valid? (A) No, it will amount to removal.
(A) No, since the position of Chairman (B) No, his membership in the bar is
of the Commission was created by secure.
statute, the appointment of its holder
requires the consent of Congress.
(C) Yes, by the Supreme Court itself.
 (D) Yes, by Congress in joint session.

(99) Mayor Lucia of Casidsid filed her

certificate of candidacy for congresswoman of
the district covering 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 the salaries she did
not get while serving as mayor even when she
ran for congresswoman. Is her action correct?

(A) No, salaries can be waived and she

waived them.

(B) No, because her acts as de facto

officer are void insofar as she is
concerned.

(C) Yes, public policy demands that a

de facto officer enjoy the same rights of
a de jure officer.

(D) A. Yes, it is but just that she be paid

for the service she rendered.

(100) X, a Filipino and Y, an American, both

teach at the International Institute in Manila.
The institute gave X a salary rate of P1,000 per
hour and Y, P1,250 per hour plus housing,
transportation, shipping costs, and leave travel
allowance. The school cited the dislocation
factor and limited tenure of Y to justify his high
salary rate and additional benefits. The same
package was given to the other foreign
teachers. The Filipino teachers assailed such
differential treatment, claiming it is
discriminatory and violates the equal protection
clause. Decide.

(A) The classification is based on

superficial differences.

(B) The classification undermines the

"Filipino First" policy.

(C) The distinction is fair considering

the burden of teaching abroad.

(D) The distinction is substantial and

uniformly applied to each class.
 2012

1. Constitution is defined by Cooley as:

a. a body of statutory, administrative and political provisions by which the three branches
of government are defined;
b. a body of rules and maxims in accordance with which the powers of sovereignty are
habitually exercised;
c. a body of rules and edicts emanating from the rulings of courts and written guidelines
of the executive and the legislature by which government is governed;
d. a body of interpretations and rules by which the three branches of government are
judged for purposes of sovereign compliance with good corporate governance.

2. The three essential parts of a Constitution are:

a. the bill of rights, governmental organization and functions, and method of amendment;
b. the preamble, the bill of rights, and provisions on checks and balances;
c. the national territory, the declaration of principles and state policies, and the transitory
provisions;
d. the executive department, the legislative department and the judiciary.

3. The constitutional provision on initiative and referendum is not self-executory. This is so

because it requires:
a. an implementing resolution from the COMELEC;
b. an implementing resolution from the Supreme Court;
c. an implementing legislation;
d. an implementing resolution from the party-list representative of the House of
Representatives.

4. In an amendment to the constitution by "initiative and referendum", the "initiative" phase is

meant that the people propose the amendments. There is a valid proposal when a proposition
has received the approval of:
a. at least 3% of the persons of majority age of each district, and 12% of the registered
voters of the region from proposal emanates;
b. at least 3% of the registered voters of each province and 12% of the total number of
registered voters nationwide;
c. at least 3% of the registered voters of each district and 12% of the total number of
registered voters nationwide;
d. more than 3% of the 3% of the registered voters of each district but less than 12% of
the total number of registered voters nationwide.

5. The Constitution declares that the Philippines is a republican state. Republicanism means:
a. the form of government must be presidential;
b. the representatives of the government are elected by the people;
c. sovereignty resides in the elected representatives of the government;
d. the form of government cannot be changed by the people.
6. A chief characteristic of the presidential form of government is:
a. concentration of power in the judiciary thru the power of expanded judicial review;
b. supremacy of the presidency compared to the totality of powers of the legislative;
c. regular periodic election of the President for a fixed term;
d. unlimited term for the President for as long as elected by the people in free and honest
elections.

7. Which of the following best exemplifies how the system of checks and balances is carried out:
a. the legislature passes a law that prohibits the president from commuting a judiciary
imposed sentence, as a check of the president;
b. the President pardons a convict as a way to set aside or modify a judgment of the
judiciary;
c. the judiciary overturns a pardon granted by the President as a check on executions;
d. the President pardons an accused after arraignment in the interest of justice.

8. Which phrase best completes the statement – The starting point of the principle of separation
of powers is the assumption of the division of the functions of government into three distinct
classes:
a. the bill of rights, state policies, and social justice and human rights;
b. the accountability of public officers, the constitutional commissions, and the national
economy and patrimony;
c. the self-executing provisions, the non-self-executing provisions, and the self-evident
social justice provisions;
d. the executive, the legislative, and the judicial.

9. The Constitution provides that the "separation of church and state shall be inviolable." This is
implemented most by the constitutional principles embodied in:
a. the free exercise clause;
b. the non-establishment clause;
c. the freedom of religious belief clause;
d. the freedom of religion clause.

10. Which one of the following is a non-self-executing provision of the Constitution:

a. no law shall be passed abridging the freedom of speech;
b. no law shall be made respecting an establishment of religion;
c. no person shall be held to answer for a criminal offense without due process of law;
d. the state shall encourage and support researches and studies on the arts and culture.
11. Basic Philippine law, in respect of the modes of acquiring citizenship, follows the rule(s) of:
a. jus soli and jus sanguinis;
b. naturalization and provides for jus soli;
c. jus sanguinis and provides for naturalization;
d. none of the above.

12. Dual allegiance by citizen is:

a. inimical to the national interest and is therefore proscribed by law;
b. inimical to the national interest and is therefore prescribed 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 coverage of law.

13. Margarita was born in 1986 to a Filipino mother and Swedish father. She has been living and
continues to live in the US for the last 20 years and has also been naturalized as a US citizen.
She recently reacquired Philippine citizenship under RA 9225, the Citizenship Retention and
Reacquisition Act of 2003. Can Margarita vote in the next national elections?
a. Yes. Dual citizens who are not residents may register under the Overseas Absentee
Voting Law.
b. Yes. Margarita is a Filipino citizen and thus may enjoy the right to suffrage like
everyone else without registering as an overseas absentee voter.
c. No. Margarita fails the residency requirement under Section 1, Article V of the
Constitution for Filipinos.
d. No. Dual citizens upon renunciation of their Filipino citizenship and acquisition of
foreign citizenship, have practically and legally abandoned their domicile and severed
their legal ties to their homeland as a consequence.

14. Identify which one is an invalid exercise of the legislative power:

a. legislation by local government on purely local matters;
b. law granting an administrative agency the power to define policy and fix standards on
price control;
c. law authorizing the President, in times of war or other national emergency, for a limited
period, subject to prescribed restrictions, to exercise powers necessary and proper to
carry out a declared national policy;
d. law authorizing the President to fix, within specific limits, tariff rates, import and export
quotas, and other duties, within the framework of the national development program
of the government.
15. Which one of the following theories does not support the valid delegation of authority by the
Congress to an administrative agency:
a. an administrative agency may "fill up the details" of a statute;
b. the legislature may leave to another body the ascertainment of facts necessary to bring
the law into actual operation;
c. an administrative agency has equal expertise with the legislature in crafting and
implementing laws;
d. contingent legislation.

16. The rule in Article V1, Section 5 (3) of the Constitution that "Each legislative district shall
comprise, as far as practicable, contiguous, compact and adjacent territory" is a prohibition
against:
a. re-apportionment;
b. commandeering of votes;
c. gerrymandering;
d. re-districting.

17. Article V1, Section 5(3) of the Constitution requires that for a city to be entitled to have at least
one representative, its population shall be at least:
a. 250,000;
b. 150,000;
c. 100,000;
d. 175,000.

18. A Senator or Member of the House of Representatives shall be privileged from arrest while
Congress is in session for all offenses punishable by imprisonment of not more than:
a. life imprisonment;
b. reclusion perpetua;
c. six years imprisonment;
d. four years imprisonment.

19. No Senator or member of the House of Representatives may personally appear as counsel
before:
a. any regional court;
b. any court of justice;
c. any inferior court;
d. any appellate court.
20. Which of the following can be changed by an ordinary law enacted by Congress?
a. Commencement of the term of office of Senators;
b. Date of regular election for President and Vice Presidential;
c. Authority to transfer appropriation;
d. Regular election of the members of Congress.

21. Congress shall have the sole power to declare the existence of a state of war by vote of:
a. three-fourths of both Houses in joint session assembled, voting jointly;
b. two-thirds of both Houses in joint session assembled, voting jointly;
c. two-thirds of both Houses in separate session assembled, voting jointly;
d. two-thirds of both Houses in joint session, voting separately.

22. If by the end of any fiscal year, the Congress shall have failed to pass the general
appropriations bill for the ensuring fiscal year, the general appropriations law for the preceding
fiscal year shall be deemed:
a. referred;
b. unacted;
c. refilled;
d. re-enacted.

23. Provisions unrelated to an appropriation bill are considered prohibited. These are called:
a. interlopers;
b. riders;
c. outriggers;
d. add-ons.

24. The requirement that "Every bill shall embrace only one subject which shall be expressed in
the title thereof" prevents:
a. rollercoaster legislation;
b. log-rolling legislation;
c. rolling fields legislation;
d. loggerhead legislation.

25. The power of the President to veto any particular part in an appropriation revenue, or tariff bill,
is called the:
a. specific veto;
b. revenue veto;
c. item veto;
d. monetary veto.
26. A tax is progressive when:
a. the rate fluctuates as the tax base decreases;
b. the rate increases as the tax base remains the same;
c. the rate increases as the tax base increases;
d. the rate decreases as the tax base increases.

27. When the Supreme Court sits en banc, cases are decided by the concurrence of a majority of
the members who:
a. actually sent in memos on matters for deliberation and called in their votes thereon;
b. actually participated in the oral arguments and voted thereon;
c. actually took part in the deliberations on the issues in the case and voted thereon;
d. actually took part in the voting thereon and took notes on the actual deliberations.

28. When the Supreme Court sits in division, cases can be decided by as few as a minimum of:
a. three votes;
b. four votes;
c. five votes;
d. six votes.

29. A person who has a personal and substantial interest in the case, such that he has sustained,
or will sustain, direct injury as a result of its enforcement is considered to have:
a. understanding to challenge the governmental act;
b. standing to challenge the governmental act;
c. opportunity to challenge the governmental act;
d. familiarity to challenge the governmental act.

30. Congressman Sugar Oll authored a bill called House Bill No, 0056 which legalizes jueteng.
When the Bill became law (RA 10156), Fr. Nosu Gal, a priest, filed a petition seeking for the
nullification of RA 10156 on the ground that it is unconstitutional as it violates Section 13,
Article II, of the 1987 Constitution which states that "The state recognizes the vital role of the
youth in nation-building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being". Fr. Gal filed the petition as a concerned citizen and as
taxpayer. Does Fr. Gal have locus standi?
a. No, because Fr. Gal has no personal and substantial interest that will be prejudiced by
the implementation of the law;
b. No, the law concerns neither citizens nor expenditure of public funds;
c. Yes, because the issue is of transcendental importance;
d. Yes, because as priest, Fr. Gal has special interest in the well-being of the youth.
31. Where there is "the impossibility of a court’s undertaking independent resolution without
expressing lack of the respect due coordinate branches of government; or an unusual need
for unquestioning adherence to a political decision already made; or the potentially of
embarrassment from multifarious pronouncement by various departments on a question,"
describes what kind of political question:
a. adherence kind;
b. prudential kind;
c. respectful kind;
d. deference kind.

32. The "operative fact" doctrine of constitutional law is applied when a law is declared:
a. operative;
b. factual;
c. constitutional;
d. unconstitutional.

33. The totality of governmental power is contained in three great powers:

a. police power, power of sequestration, power of foreign policy;
b. power of immigration, municipal power, legislative power;
c. executive power, legislative power, judicial power;
d. police power, power of eminent domain, power of taxation.

34. The most essential, insistent and the least limitable of (government) powers, extending as it
does to all the great public needs, is:
a. emergency power;
b. police power;
c. legislative power;
d. power to declare martial law.

35. 35. In the hierarchy of civil liberties, which right occupies the highest preferred position:
a. right to academic freedom;
b. right to a balanced and healthful ecology;
c. right to freedom of expression and of assembly;
d. right to equal health.
36. In which of the following would there be no double jeopardy even if a subsequent case is filed?
a. Pot is accused before the RTC of qualified theft. After innumerable postponements
against Pot’s wishes, he moves for dismissal for denial of the right to a speedy trial.
Prosecutor objected. Dismissal granted;
b. Pot is accused before the RTC of qualified theft. After innumerable postponements
against Pot’s wishes, the prosecutor moves for dismissal with the consent of Pot.
Granted;
c. Pot is accused before the RTC of qualified theft. After innumerable postponements
against Pot’s wishes, he moves for dismissal for denial of the right to a speedy trial.
Prosecutor posts no objections. Dismissal granted;
d. Pot is accused before the RTC of qualified theft. After innumerable postponements
against Pot’s wishes, the prosecutor moves for dismissal over the objections of Pot.
Granted.

37. Under Article III, Section 2 of the Bill of Rights, which provides for the exclusion of evidence
that violate the right to privacy of communication and correspondence, to come under the
exclusionary rule, the evidence must be obtained by:
a. private individuals acting on their own;
b. government agents;
c. private individuals acting on orders of superiors;
d. former high government officials.

38. The complementing regime that best characterizes the guarantees of freedom of speech and
of the press are:
a. prior punishment and moderate punishment;
b. prior censorship and subsequent remedies;
c. no prior restraint and subsequent punishment;
d. no prior restraint and no subsequent punishment.

39. The free exercise and non-establishment clauses pertain to which right under the Bill of Rights:
a. liberty of movement;
b. liberty of abode;
c. religion;
d. life and liberty.
40. The Gangnam Style’s Witnesses (whose tenets are derogatory to the Catholic Church),
applied for a permit to use the public plaza and kiosk to hold their religious meeting on the
occasion of their founding anniversary. Mayor Lebron allowed them to use the northwestern
part of the plaza but not the kiosk (which is a few meters away from the Catholic church).
Members of the Gangnam Style Witnesses claim that the act of Mayor Lebron is a violation of
their freedom of assembly and religion. Is this correct?
a. No, because this is valid exercise of police power;
b. Yes, because the plaza being of public use can be used by anybody regardless of
religious belief;
c. No, because historical experience shows that peace and order may be disturbed
whenever two opposing religious groups or beliefs expound their dogmas;
d. Yes, because there is no clear and present danger in holding a religious meeting by
another religious group near a catholic church.

41. Which one is NOT a recognized limitation to the right to information on matters of public
concern:
a. national security matters;
b. trade secrets and banking transactions;
c. criminal matters or classified law enforcement matters;
d. government research data used as a basis for policy development.

42. Which one of the following circumstances is NOT an element of taking under eminent domain
a. entering upon public property for a momentary period;
b. under color of legal authority;
c. devoting it to public use;
d. as substantially to cust the owner of all beneficial ownership.

43. Market value for purposes of determining just compensation in eminent domain has been
described as the fair value of property:
a. between one who desires to purchase and one does not desire to sell;
b. between one who desires to purchase and one who wants to delay selling;
c. between one who desires to purchase and one who desires to sell;
d. between one who desires to purchase on terms and one who desires to sell after a
period of time.

44. Under Article III, Section 12 of the Constitution, any person under investigation for the
commission of an offense shall have the right to be informed of his right to remain silent, etc.
The investigation referred to is called:
a. preliminary investigation;
b. summary investigation;
c. criminal investigation;
d. custodial investigation.
45. All persons charged shall, before conviction, be bailable by sufficient sureties, except those
charged with:
a. offenses punishable by death when evidence of guilt is strong;
b. offenses punishable by life imprisonment when evidence of guilt is strong;
c. offenses punishable by death when evidence of guilt is weak;
d. offenses punishable by reclusion perpetua when evidence of guilt is strong.

46. Criminal trial may proceed, notwithstanding the absence of the accused provided that he has
been duly notified, and his failure to appear is unjustifiable, after:
a. preliminary investigation;
b. arraignment;
c. sentencing;
d. prosecution has rested its case.

47. The requisites of a valid trial in absentia exclude:

a. Wherein his/her failure to appear is unjustifiable;
b. Wherein he/she allows himself/herself to be identified by the witness in his/her
absence, without further unqualified admitting that every time a witness mentions a
name by which he/she is known, it shall be understood to refer to him/her;
c. Wherein he/she has been duly notified of the trial;
d. Wherein the accused has already been arraigned.

48. The privilege of the writ of habeas corpus shall not be suspended except in cases of:
a. imminent danger of invasion or rebellion when the public safety requires it;
b. grave danger of invasion or rebellion when the public safety requires it;
c. clear and present danger of invasion or rebellion when the public safety requires it;
d. invasion or rebellion when the public safety requires it.

49. The right of the accused against self-incrimination will be violated if:
a. he is charged with violation of the Anti-Money Laundering Act and he was required to
produce his bank passbook;
b. he is a public officer charged with amassing ill-gotten wealth and his statement of
assets and liabilities will be presented as evidence;
c. his gun was subjected to a ballistics test;
d. a sample of his blood was taken if his blood type matches the blood type found at the
scene of the crime.
50. The death penalty shall not be imposed:
a. unless for compelling reasons involving death penalty crimes and the executive
hereafter provides for it;
b. unless for compelling reasons involving heinous crimes and a constitutional
amendment provides for it;
c. unless for compelling reasons involving heinous crimes and Congress hereafter
provides for it;
d. unless for compelling reasons involving heinous crimes and the Supreme Court
hereafter upholds it.

51. An ex post facto law has been defined as one:

a. which aggravates a crime or makes it lesser than when it was committed;
b. which mitigates a crime or makes it lesser than when it was committed;
c. which aggravates a crime or makes it greater than when it was committed;
d. which aggravates a crime or makes it non-criminal after it was committed.

52. A bill of attainder is:

a. an executive act which inflicts punishment without tender;
b. a judicial act which inflicts punishment without tender;
c. a legislative act which inflicts punishment without trial;
d. a legislative act which pardons punishment after tender.

53. Which one of the following is NOT an independent Constitutional Commission under Article
IX, Section 1 of the Constitution:
a. Commission on Elections;
b. Commission on Human Rights;
c. Civil Service Commission;
d. Commission on Audit.

54. The independent Constitutional Commissions enjoy:

a. decisional autonomy;
b. organizational autonomy;
c. fiscal autonomy;
d. quasi-judicial autonomy.

55. The Civil Service shall be administered by the Civil Service Commission composed of a:
a. Chairman and a Commissioner;
b. Chairman and two (2) Commissioners;
c. Chairman and three (3) Commissioners;
d. Chairman and four (4) Commissioners.
56. In Oposa vs. Factoran, Jr., G.R. No. 101083, July 30, 1993, the Supreme Court held that the
personality of the petitioners to sue is based on the concept of:
a. ecological responsibility;
b. environmental accountability;
c. intergenerational responsibility;
d. interdisciplinary responsibility.

57. In a unitary system of government, such as the government under the Philippine Constitutor,
local government can only be:
a. an imperuim in imperio;
b. an infa-sovereign subdivision;
c. a sovereign nation;
d. a sovereign entity.

58. Which one is NOT among the Constitutionally mandated grounds for impeachment of
impeachable officials:
a. culpable violation of the Constitution;
b. treason, bribery, graft and corruption and other high crimes;
c. betrayal of public trust;
d. culpable violation of the duty to be at all times accountable to the people.

59. Which is NOT an impeachable public officer:

a. a justice of the Supreme Court;
b. a commissioner of the Comelec;
c. the administrator of the Supreme Court;
d. the Ombudsman.

60. Which has the exclusive power to initiate all cases of impeachment:
a. the Senate;
b. the House of Representatives;
c. the Senate President;
d. the Speaker of the House of Representatives.

61. At least one-third of all the members of the House of Representatives may file articles of
impeachment by:
a. verified bill and resolution;
b. verified complaint and resolution;
c. verified notice and resolution;
d. verified complaint and notice.
62. The President cannot grant pardon in cases of impeachment. He may however exercise such
power when:
a. A person convicted in an impeachment proceeding is subject to prosecution, trial and
punishment in an ordinary criminal action;
b. A person convicted in an impeachment proceeding is granted an absolute pardon;
c. A person convicted in an impeachment proceeding files his appeal before the Supreme
Court;
d. None of the above.

63. A public officer impeached and removed from office shall:

a. nevertheless be immure from prosecution, trial and punishment according to law;
b. nevertheless be liable and subject to prosecution, trial and punishment under the Anti-
Graft and Corrupt Practices Act;
c. nevertheless be liable and subject to prosecution, trial and punishment according to
law;
d. nevertheless be liable and subject to prosecution, trial and punishment only for criminal
acts under the law.

64. The Ombudsman and his deputies are appointed by the President from a list prepared by:
a. the Integrated Bar of the Philippines;
b. the Commission on Appointments;
c. the Judicial and Bar Council;
d. the Supreme Court.

65. SALN means:

a. Summary of assets, liabilities and net worth;
b. Statement of assets in banks, liabilities and net worth;
c. Statement of assets, liabilities and net worth;
d. Statement of personal assets, liabilities and net worth.

66. The independent economic planning agency of the Government as provided for by the
Constitution is the:
a. National Privatization Office;
b. National Productivity Commission;
c. National Economic Development Authority;
d. National Economic Council.
67. The Independent Central Monetary Authority of the Government is the:
a. Bankers Association of the Philippines;
b. Philippine Mission of the International Monetary Fund;
c. Central Bank of the Philippines;
d. World Bank, Philippine Affiliate.

68. The President may contract or guarantee foreign loans on behalf of the Republic of the
Philippines only upon prior concurrence of the:
a. House of Representatives;
b. Senate;
c. Central Bank;
d. Monetary Board.

69. Bona fide associations of citizens which demonstrate capacity of promote the public interest
and with identifiable leadership, membership, and structure are:
a. independent party-list organizations;
b. independent sectoral organizations;
c. independent indigenous organizations;
d. independent people’s organizations.

70. The principal function of the Commission on Human Rights is:

a. issue writs of injunction/ restraining orders;
b. investigatory;
c. quasi-judicial;
d. rule-making.

71. Optional religious instruction in public elementary and high schools is allowed provided it be:
a. without additional overtime cost to Government;
b. without additional cost to Government;
c. without additional cost for religious books to Government;
d. without additional power consumption costs to Government.

72. Academic freedom shall be enjoyed:

a. in all public institutions;
b. in all elementary and high schools;
c. in all schools;
d. in all institutions of higher learning.
73. Under Article 38(1) of the Statute of the International Court of Justice, which one of the
following is NOT considered a source of international law:
a. international conventions;
b. international custom;
c. international humanitarian law;
d. general principles of law.

74. In international law, it is a norm which States cannot derogate or deviate from their
agreements:
a. terra nullius;
b. opinio juris;
c. jus cogens;
d. jus cogentus.

75. In international law, the status of an entity as a State is accepted by other States through this
act. It is the "act by which another State acknowledges that the political entity recognized
possesses the attributes of statehood."
a. accession;
b. recognition;
c. acknowledgment;
d. attribution.

76. An act or process by which a State, in compliance with a formal demand or request, surrenders
to another State an alleged offender or fugitive criminal who has sought refuge in the territory
of the first State, in order to stand trial or complete his prison term:
a. extramediation;
b. exterrertioriality;
c. extradition;
d. extraterritoriality.

77. This doctrine considers the general or customary norms of international law as a part of
municipal law and are to be enforced as such, without regard as to whether they are enacted
as statutory or legislative rules or not:
a. accession;
b. incorporation;
c. accretion;
d. adoption.
78. Under the United Nations Conference of the Law of the Sea (UNCLOS), the extent of the
contiguous zone is:
a. 3 nautical miles from the lowest water mark;
b. 12 miles from the outer limits;
c. 12 miles from the lowest water mark;
d. 200 miles from the outer limits.

79. It is a line from which the breadth of the territorial sea and other maritime zones is measured:
a. contiguous line;
b. economic line;
c. baseline;
d. archipelagic line.

80. It is a maritime zone adjacent to the territorial seas where the coastal state may exercise
certain protective jurisdiction:
a. baseline zone;
b. contiguous zone;
c. transit zone;
d. appurtenant zone.

81. Butchoy installed a jumper cable. He was prosecuted under a Makati ordinance penalizing
such act. He moved for its dismissal on the ground that the jumper cable was within the
territorial jurisdiction of Mandaluyong and not Makati. The case was dismissed. The City of
Mandaluyong thereafter filed a case against him for theft under the Revised Penal Code
(RCP). Is there double jeopardy?
a. No. The first jeopardy was terminated with his express consent;
b. Yes. This is double jeopardy of the second kind – prosecution for the same act under
an ordinance and a law;
c. Yes. He is prosecuted for the same offense which has already been dismissed by the
City of Makati;
d. No. The second kind of double jeopardy under Section 21, Article III only contemplates
conviction or acquittal which could terminate a first jeopardy.

82. One of the cardinal primary due process rights in administrative proceedings is that evidence
must be "substantial." "Substantial evidence" is:
a. less than a mere scintilla;
b. less than preponderant scintilla;
c. more than a glint of scintilla;
d. more than a mere scintilla.
83. A statutory provision requiring the President or an administrative agency to present the
proposed implementing rules and regulations of a law to Congress which by itself or through
a committee formed by it, retains a "right" or "power" to approve or disapprove such regulations
before they may take effect, is a:
a. legislative encroachment;
b. legislative veto;
c. legislative oversight;
d. legislative scrutiny.

84. Which one of the enumeration below does not come under the Administrative Code definition
of a "rule":
a. agency statement of general applicability that implements or interprets a law;
b. fixes and describes the procedures in or practice requirements of, an agency;
c. includes memoranda and statements concerning internal administration;
d. an agency process for the formulation of a final order.

85. Under the Administrative Code, "adjudication" means:

a. whole or any part of any agency permit, certificate, or other form of permission, or
regulation of the exercise of a right or privilege;
b. an agency process for the formulation of a final order;
c. agency process for the formulation, amendment, or repeal of a rule;
d. agency process involving the grant, renewal, denial, revocation or conditioning of a
license.

86. The requirement of the Administrative Code on "public participation" is that, if not otherwise
required by law, an agency shall:
a. in all cases, publish or circulate notices of proposed rules and afford interested parties
the opportunity to submit their views prior to the adoption of any rule;
b. in all clear and proper cases, publish or circulate notices of proposed rules and afford
interested parties the opportunity to submit their views prior to the adoption of any rule;
c. as far as practicable, publish or circulate notices of proposed rules and afford the party-
list parties the opportunity to submit their views prior to the adoption of any rule;
d. as far as practicable, publish or circulate notices of proposed rules and afford
interested parties the opportunity to submit their views prior to the adoption of any rule.
87. Under the Administrative Code, in the fixing of rates, no rules or final order shall be valid
unless:
a. the proposed rates shall have been submitted to the U.P. Law Center for publication
at least two weeks before the first hearing thereon;
b. the proposed rates shall have been published in the Official Gazette at least two weeks
before the final hearing thereon;
c. the proposed rates shall have been published in a newspaper of general circulation at
least two weeks before the first hearing thereon;
d. the proposed rates shall have been published in a newspaper of general circulation at
least two weeks before the final hearing thereon.

88. In the judicial review of decisions of administrative agencies, the Administrative Code requires
that the review shall be made:
a. on the basis of the pleadings taken as a whole;
b. on the basis of the record taken as a whole;
c. on the basis of the evidence taken as a whole;
d. on the basis of the memoranda taken as a whole.

89. In the judicial review of decisions of administrative agencies, the Administrative Code requires
that, except when specifically provided otherwise by law:
a. the findings of law of agency when supported by substantial evidence, shall be final;
b. the findings of fact of the agency when supported by preponderant evidence, shall be
final;
c. the findings of fact of the agency when supported by substantial evidence, shall be
final;
d. the findings of law of the agency when supported by credible evidence, shall be final.

90. The right of the accused to be informed is violated if:

a. he was accused of killing his wife by strangulation but it was proven that his wife died
of poisoning;
b. it was proven that he killed somebody on a date different from the one alleged in the
information;
c. he was charged with parricide but was convicted of murder, because it turned out that
he and the victim were not married;
d. the accused was charged with commission of acts of lasciviousness and was convicted
of unjust vexation.

91. A criminal statute that "fails to give a person of ordinary intelligence fair notice that his
contemplated conduct is forbidden by statute" is:
a. void for fair notice;
b. void for arbitrariness;
c. void for vagueness;
d. void conclusively.
92. "Chilling effect" is a concept used in the area of constitutional litigation affecting:
a. protected speech;
b. protected executive privilege;
c. protected legislative discretion;
d. protected judicial discretion.

93. In the law of libel and protected speech, a person who, by his accomplishments, fame, or mode
of living, or by adopting a profession or calling which gives the public a legitimate interest in
his doings, his affairs, and his character, has become a:
a. public figure;
b. celebrity;
c. public official;
d. de facto public officer.

94. Which one of the following is not a proper test in cases of challenges to governmental acts
that may violate protected speech:
a. clear and present danger;
b. balancing of interests;
c. reasonable relation;
d. dangerous tendency.

95. Commercial speech is entitled to:

a. more protection compared to other constitutionally guaranteed expression;
b. equal protection compared to other constitutionally guaranteed expression;
c. lesser protection compared to other constitutionally guaranteed expression;
d. none of the above.

96. No liability can attach to a false, defamatory statement if it relates to official conduct, unless
the public official concerned proves that the statement was with knowledge that it was false or
with reckless disregard of whether it was false or not. This is known as what rule?
a. libel malice rule;
b. actual malice rule;
c. malice in fact rule;
d. legal malice rule.
97. It is form of entrapment. The method is for an officer to pose as a buyer. He, however, neither
instigates nor induces the accused to commit a crime because in these cases, the "seller" has
already decided to commit a crime. The offense happens right before the eyes of the officer.
Under these circumstances:
a. there is a need for an administrative but not a judicial warrant for seizure of goods and
arrest of the offender;
b. there is need for a warrant for the seizure of the goods and for the arrest of the
offender;
c. there is no need for a warrant either for the seizure of the goods or for the arrest of the
offender;
d. the offender can be arrested but there is a need for a separate warrant for the seizure
of the goods.

98. Where a police officer observes unusual conduct which leads him reasonably to conclude in
light of his experience that criminal activity may be afoot and that the persons with whom he
is dealing may be armed and dangerous and he identifies himself and makes reasonable
inquiries, but nothing serves to dispel his reasonable fear for his own or other’s safety, he is
entitled to conduct a carefully limited search of the outer clothing of such persons for weapons.
Such search is constitutionally permissible and is known as a:
a. stop and search;
b. stop and frisk;
c. stop and interrogate;
d. stop and detain.

99. Accused was charged with slight illegal detention. On the day set for the trial, the trial court
proceeded as follows:

Q: "Do you have an attorney or are you going to plead

"Court: to the accused:
guilty?"
A: "I have no lawyer and i will plead guilty."

Accused was then arraigned, pleaded guilty, was found guilty and sentenced. On appeal, the
Supreme Court reversed. The accused was deprived of his:

a. right to cross-examination;
b. right to be presumed innocent;
c. right to counsel;
d. right to production of evidence.

100. The constitutional right of an accused "to meet the witnesses face to face" is primarily
for the purpose of affording the accused an opportunity to:
a. identify the witness;
b. cross-examine the witness;
c. be informed of the witness;
d. be heard
 2013

I.

In the last quarter of 2012, about 5,000 container vans of imported goods intended for the Christmas
Season were seized by agents of the Bureau of Customs. The imported goods were released only on
January 10,2013. A group of importers got together and filed an action for damages before the
Regional Trial Court of Manila against the Department of Finance and the Bureau of Customs.

The Bureau of Customs raised the defense of immunity from suit and, alternatively, that liability should
lie with XYZ Corp. which the Bureau had contracted for the lease of ten (10) high powered van cranes
but delivered only five (5) of these cranes, thus causing the delay in its cargo-handling operations. It
appears that the Bureau, despite demand, did not pay XYZ Corp. the Php 1.0 Million deposit and
advance rental required under their contract.

(A) Will the action by the group of importers prosper? (5%)

(B) Can XYZ Corp. sue the Bureau of Customs to collect rentals for the delivered cranes?
(5'%)

II.

While Congress was in session, the President appointed eight acting Secretaries. A group of Senators
from the minority bloc questioned the validity of the appointments in a petition before the Supreme
Court on the ground that while Congress is in session, no appointment that requires confirmation by
the Commission on Appointments, can be made without the latter's consent, and that an
undersecretary should instead be designated as Acting Secretary.

Should the petition be granted? (5%)

III.

A robbery with homicide had taken place and Lito, Badong and Rolliewere invited for questioning
based on the information furnished by a neighbor that he saw them come out of the victim's house at
about the time of the robbery/killing. The police confronted the three with this and other information
they had gathered, and pointedly accused them of committing the crime.

Lito initially resisted, but eventually broke down and admitted his participation in the crime. Elated by
this break and desirous of securing a written confession soonest, the police called City Attorney Juan
Buan to serve as the trio's counsel and to advise them about their rights during the investigation.

Badong and Rollie, weakened in spirit by Lito's early admission, likewise admitted their participation.
The trio thus signed a joint extra-judicial confession which served as the main evidence against them
at their trial. They were convicted based on their confession.

Should the judgment of conviction be affirmed or reversed on appeal? (5%)

 IV.

Congress enacted a law providing for trial by jury for those charged with crimes or offenses punishable
by reclusion perpetua or life imprisonment. The law provides for the qualifications of members of the
jury, the guidelines for the bar and bench for their selection, the manner a trial by jury shall operate,
and the procedures to be followed.

Is the law constitutional? (6%)

V.

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

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

VI.

Congress passed Republic Act No. 7711 to comply with the United Nations Convention on the Law
of the Sea.

In a petition filed with the Supreme Court, Anak Ti Ilocos, an association of Ilocano professionals,
argued that Republic Act No. 7711discarded the definition of the Philippine territory under the Treaty
of Paris and in related treaties; excluded the Kalayaan Islands and the Scarborough Shoals from the
Philippine Archipelagic baselines; and converted internal waters into archipelagic waters.

Is the petition meritorious? (6%)

VII.

As he was entering a bar, Arnold -who was holding an unlit cigarette in his right hand -was handed a
match box by someone standing near the doorway. Arnold unthinkingly opened the matchbox to light
his cigarette and as he did so, a sprinkle of dried leaves fell out, which the guard noticed. The guard
immediately frisked Arnold, grabbed the matchbox, and sniffed its contents. After confirming that the
matchbox contained marijuana, he immediately arrested Arnold and called in the police.

At the police station, the guard narrated to the police that he personally caught Arnold in possession
of dried marijuana leaves. Arnold did not contest the guard's statement; he steadfastly remained silent
and refused to give any written statement. Later in court, the guard testified and narrated the
statements he gave the police over Arnold's counsel's objections. While Arnold presented his own
witnesses to prove that his possession and apprehension had been set-up, he himself did not testify.

The court convicted Arnold, relying largely on his admission of the charge by silence at the police
investigation and during trial.

From the constitutional law perspective, was the court correct in its ruling? (6%)
 VIII.

Bobby, an incoming third year college student, was denied admission by his university, a premiere
educational institution in Manila, after he failed in three (3) major subjects in his sophomore year. The
denial of admission was based on the university's rules and admission policies.

Unable to cope with the depression that his non-admission triggered, Bobby committed suicide. His
family sued the school for damages, citing the school's grossly unreasonable rules that resulted in the
denial of admission. They argued that these rules violated Bobby's human rights and the priority
consideration that the Constitution gives to the education of the youth.

You are counsel for the university. Explain your arguments in support of the university's case. (6%)

IX.

Conrad is widely known in the neighborhood as a drug addict. He is also suspected of being a member
of the notorious "Akyat-Condo Gang" that has previously broken into and looted condominium units in
the area.

Retired Army Colonel Sangre – who is known as an anti-terrorism fighter who disdained human and
constitutional rights and has been nicknamed "terror of Mindanao" –is now the Head of Security of
Capricorn Land Corporation, the owner and developer of Sagittarius Estates where a series of
robberies has recently taken place.

On March l, 2013, Conrad informed his mother, Vannie, that uniformed security guards had invited
him for a talk in their office but he refused to come. Later that day, however, Conrad appeared to have
relented; he was seen walking into the security office flanked by two security guards. Nobody saw him
leave the office afterwards.

Conrad did not go home that night and was never seen again. The following week and after a week-
long search, Vannie feared the worst because of Col. Sangre's reputation. She thus reported Conrad's
disappearance to the police. When nothing concrete resulted from the police investigation, Vannie –
at the advice of counsel - f1led a petition for a writ of amparo to compel Col. Sangre and the Sagittarius
Security Office to produce Conrad and to hold them liable and responsible for Conrad's
disappearance.

(A) Did Vannie's counsel give the correct legal advice? (6%)

(B) If the petition would prosper, can Col. Sangre be held liable and/or responsible for Conrad's
disappearance? (6%)

X.

The Ambassador of the Republic of Kafiristan referred to you for handling, the case of the Embassy's
Maintenance Agreement with CBM, a private domestic company engaged in maintenance work. The
Agreement binds CBM, for a defined fee, to maintain the Embassy's elevators, air-conditioning units
and electrical facilities. Section 10 of the Agreement provides that the Agreement shall be governed
by Philippine laws and that any legal action shall be brought before the proper court of Makati.
Kafiristan terminated the Agreement because CBM allegedly did not comply with their agreed
maintenance standards.
CBM contested the tennination and filed a complaint againstKafiristan before the Regional Trial Court
of Makati. The Ambassador wants you to file a motion to dismiss on the ground of state immunity from
suit and to oppose the position that under Section 10 of the Agreement, Kafiristan expressly waives
its immunity from suit.

Under these facts, can the Embassy successfully invoke immunity from suit? (6%)

XI.

In her interview before the Judicial and Bar Council (JBC),Commissioner Annie Amorsolo of the
National Labor Relations Commission claims that she should be given credit for judicial service
because as NLRC Commissioner, she has the rank of a Justice of the Court of Appeals; she
adjudicates cases that are appealable to the Court of Appeals; she is assigned car plate No. 10; and
she is, by law, entitled to the rank, benefits and privileges of a Court of Appeals Justice.

If you are a member of the JBC, would you give credit to this explanation? (6%)

XII.

In the May 2013 elections, the Allied Workers' Group of the Philippines (AWGP), representing land-
based and sea-based workers in the Philippines and overseas, won in the party list congressional
elections. Atty. Abling, a labor lawyer, is its nominee.

As part of the party's advocacy and services, Congressman Abling engages in labor counseling,
particularly for local workers with claims against their employers and for those who need
representation in collective bargaining negotiations with employers. When labor cases arise, AWGP
enters its appearance in representation of the workers and the Congressman makes it a point to be
there to accompany the workers, although a retained counsel also formally enters his appearance and
is invariably there. Congressman Abling largely takes a passive role in the proceedings although he
occasionally speaks to supplement the retained counsel's statements. It is otherwise in CBA
negotiations where he actively participates.

Management lawyers, feeling that a congressman should not actively participate in cases before labor
tribunals and before employers because of the influence a congressman can wield, filed a disbarment
case against the Congressman before the Supreme Court for his violation of the Code of Professional
Responsibility and for breach of trust, in relation particularly with the prohibitions on legislators under
the Constitution.

Is the cited ground for disbarment meritorious? (6%)

 MULTIPLE CHOICE QUESTIONS

I. The equal protection clause is violated by __________. (1%)

(A) a law prohibiting motorcycles from plying on limited access highways.

(B) a law granting Value Added Tax exemption to electric cooperatives that sells electricity to
the "homeless poor."

(C) a law providing that a policeman shall be preventively suspended until the termination of
a criminal case against him.

(D) a law providing higher salaries to teachers in public schools who are "foreign hires."

(E) a law that grants rights to local Filipino workers but denies the same rights to overseas
Filipino workers.

II. Offended by the President's remarks that the Bureau of Customs is a pit of misfits and the corrupt,
the Bureau of Customs Employees Association composed of 3,000 workers seeks your legal advice
on how best to protest what it views to be the President's baseless remarks.

A prudent legal advice is that __________. (1%)

(A) employees can go on mass leave of absence for one week

(B) employees can march and rally at Mendiola every Monday

(C) employees can barricade the gates of the Port of Manila at South Harbor and call for the
resignation of the incumbent Commissioner of Customs

(D) employees can wear black arm bands and pins with the word "UNFAIR" inscribed

(E) None of the above can legally be done.

III. Congress enacted Republic Act No. 1234 requiring all candidates for public offices to post an
election bond equivalent to the one (1) year salary for the position for which they are candidates.
The bond shall be forfeited if the candidates fail to obtain at least 10% of the votes cast.

Is Republic Act No. 1234 valid? (1%)

(A) It is valid as the bond is a means of ensuring fair, honest, peaceful and orderly elections.

(B) It is valid as the bond requirement ensures that only candidates with sufficient means and
who cannot be corrupted, can runfor public office.

(C) It is invalid as the requirement effectively imposes a property qualification to run for
public office.

(D) It is invalid as the amount of the surety bond is excessive and unconscionable.
 (E) It is valid because it is a reasonable requirement; the Constitution itself expressly
supports the accountability of public officers.

IV. What is the legal effect of decisions of the International Court of Justice in cases submitted to it
for resolution? (1%)

(A) The decision is binding on other countries in similar situations.

(B) The decision is not binding on any country, even the countries that are parties to the
case.

(C) The decision is binding only on the parties but only with respect to that particular case.

(D) The decision is not binding on the parties and is only advisory.

(E) The binding effect on the parties depends on their submission agreement.

V. Under the UN Convention on the Law of the Sea, the exclusive economic zone refers to an area.
(1%)

(A) that is at least 100 miles from the baselines from which the outer limit of the territorial sea
is measured

(B) that is at least 200 miles but not to exceed 300 miles from the baselines from which the
outer limit of the territorial sea is measured

(C) beyond and adjacent to a country's territorial sea which cannot go beyond 200 nautical
miles from the baselines from which the outer limit of the territorial sea is measured

(D) that can go beyond 3 nautical miles but cannot extend 300 nautical miles from the
baselines from which the outer limit of the territorial sea is measured

(E) None of the above.

VI. A child born under either the 1973 or the 1987 Constitution, whose father or mother is a Filipino
citizen at the time of his birth, is __________. (1%)

(A) not a Filipino citizen as his father and mother must both be Filipino citizens at the time of
his birth

(B) not a Filipino citizen if his mother is a Filipino citizen but his father is not, at the time of his
birth

(C) a Filipino citizen no matter where he or she may be born

(D) a Filipino citizen provided the child is born in the Philippines

(E) a Filipino citizen if he or she so elects upon reaching the age of 21

VII. Who has control of the expenditure of public funds? (1%)

(A) The Office of the President through the Department of Budget and Management.

(B) The House of Representatives from where all appropriation bills emanate.

(C) The Senate through its Committee on Finance.

(D) The Congress of the Republic of the Philippines.

(E) Both the members of Congress and the President acting jointly, if so provided by the
General Appropriations Act.

VIII. May the power of cities to raise revenues be limited by an executive order of the President?
(1%)

(A) Yes, because local government units are under the administrative control of the
President through the Department of Interior and Local Government.

(B) No, because local government units now enjoy full local fiscal autonomy.

(C) No, because only limitations established by Congress can define and limit the powers of
local governments.

(D) Yes, because the President has the power and authority to impose reasonable
restrictions on the power of cities to raise revenues.

(E) Yes, if so provided in a city's charter.

IX. The provision under the Constitution -that any member who took no part, dissented, or inhibited
from a decision or resolution must state the reason for his dissent or non-participation - applies
__________. (1%)

(A) only to the Supreme Court

(B) to both the Supreme Court and the Court of Appeals

(C) to the Supreme Court, Court of Appeals and the Sandiganbayan

(D) to the Supreme Court, the Court of Appeals, the Sandiganbayan and the Court of Tax
Appeals

(E) to all collegial judicial and quasi-judicial adjudicatory bodies

X. Choose the least accurate statement about the independence guaranteed by the 1987
Constitution to the following constitutional bodies: (1%)

(A) The Constitution guarantees the COMELEC decisional and institutional independence
similar to that granted to theJudiciary.

(B) All bodies labeled as "independent" by the Constitution enjoyfiscal autonomy as an

attribute of their independence.

(C) Not all bodies labeled as "independent" by the Constitution were intended to be
independent from the Executive branch of government.

(D) The Constitution guarantees various degrees of independence from the other branches
of government when it labels bodies as "independent".

(E) The COMELEC, the COA, and the CSC enjoy the same degree of independence.

XI. At the Senate impeachment trial of Justice Pablo P. San Quintin, Hon. Emilio A. Tan,
Congressman and Impeachment Panel Manager, wrote the Supreme Court requesting that the
prosecutors be allowed to examine thecourt records of Stewards Association of the Philippines, Inc.
(SAP!) v. Filipinas Air, et al., G.R. No. 987654, a case that is still pending. The High Court
__________. (1%)

(A) may grant the request by reason of inter-departmental courtesy

(B) may grant the request as the records of the Filipinas Air case are public records

(C) should deny the request since records of cases that are pending for decision are
privileged except only for pleadings, orders and resolutions that are available to the public

(D) should deny the request because it violates the Court's independence and the doctrine of
separation of powers

(E) should grant the request because of the sui generis nature of the power of impeachment,
provided that the Bill of Rights is not violated

XII. Mr. Sinco sued the government for damages. After trial, the court ruled in his favor and awarded
damages amounting to P50 million against the government. To satisfy the judgment against the
government, which valid option is available to Mr. Sinco? ( 1%)

(A) Garnish the government funds deposited at the Land Bank.

(B) File a claim with the Commission on Audit (COA) pursuant to Commonwealth Act 327, as
amended by Presidential Decree1445.

(C) Make representations with the Congress to appropriate the amount to satisfy the
judgment.

(D) File a petition for mandamus in court to compel Congress to appropriate P50 million to
satisfy the judgment.
 (E) Proceed to execute the judgment as provided by the Rules of Court because the State
allowed itself to be sued.

XIII. Which of the following provisions of the Constitution does not confer rights that can be enforced
in the courts but only provides guidelines for legislative or executive action? (l%)

(A) The maintenance of peace and order, the protection of life, liberty, and property, and
promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.

(B) The State shall give priority to education, science and technology, arts, culture, and
sports to foster patriotism and nationalism, accelerate social progress, and promote total
human liberation and development.

(C) The natural and primary right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the support of the
Government.

(D) The right of the people to information on matters. of public concern shall be recognized.
Access to official records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided by
law.

(E) All the above only provide guidelines and are not self-executing.

XIV. The President entered into an executive agreement with Vietnam for the supply to the
Philippines of animal feeds not to exceed 40,000 tons in any one year. The Association of Animal
Feed Sellers of the Philippines questioned the executive agreement for being contrary to R.A. 462
which prohibits the importation of animal feeds from Asian countries. Is the challenge correct? (1%)

(A) Yes, the executive agreement is contrary to an existing domestic law.

(B) No, the President is solely in charge of foreign relations and all his actions in this role
form part of the law of the land.

(C) No, international agreements are sui generis and stand independently of our domestic
laws.

(D) Yes, the executive agreement is actually a treaty which does not take effect without
ratification by the Senate.

(E) Yes, the challenge is correct because there is no law empowering the President to
undertake the importation.
XV. The separation of Church and State is most clearly violated when __________. (1%)

(A) the State funds a road project whose effect is to make a church more accessible to its
adherents

(B) the State declares the birthplace of a founder of a religious sect as a national historical
site

(C) the State expropriates church property in order to construct an expressway that, among
others, provides easy access to the Church's main cathedral

(D) the State gives vehicles to bishops to assist them in church-related charitable projects

(E) the State allows prayers in schools for minor children without securing the prior consent
of their parents

XVI. Patricio was elected member of the House of Representative in the May 2010 Elections. His
opponent Jose questioned Patricio's victory before the House of Representatives Electoral Tribunal
and later with the Supreme Court.

In a decision promulgated in November 2011, the Court ruled in Jose's favor; thus, Patricio was
ousted from his seat in Congress. Within a year from that decision, the President can appoint
Patricio __________. (1%)

(A) only as a member of the board of directors of any government owned and controlled
corporation

(B) only as a deputy Ombudsman

(C) only as a Commissioner of the Civil Service Commission

(D) only as Chairman of the Commission on Elections

(E) to any position as no prohibition applies to Patricio

XVII. Senator GSC proposed a bill increasing excise taxes on tobacco and alcohol products. The
generated incremental revenues shall be used for the universal health care program for all Filipinos
and for tobacco farmers' livelihood. After the Senate passed the bill on third reading, it was
transmitted to the House of Representatives which approved the bill in toto. The President eventually
signed it into law. Atty. JFC filed a petition before the Supreme Court, questioning the
constitutionality of the new law.

Is the law constitutional? (1%)

(A) The law is constitutional because it is for a public purpose and has duly satisfied the
three-readings-on-separate-days rule in both Houses.

(B) The law is unconstitutional because it violates the equal protection clause of the
Constitution; it is limited only to alcohol and liquor products.
 (C) It is constitutional because of the Enrolled Bill Theory.

(D) It is constitutional because it is valid in form and substance and complied with the
required lawmaking procedures.(E) None of the above is correct.

XVIII. Which of the following statements is correct? (1%)

(A) The President, with the concurrence of the Monetary Board, can guarantee a foreign loan
on behalf of the Republic of the Philippines.

(B) Congress may, by law, provide limitations on the President's power to contract or
guarantee foreign loans on behalf of the Republic of the Philippines.

(C) In order to be valid and effective, treaties and executive agreements must be concurred
in by at least two-thirds of all the Members of the Senate.

(D) The President shall, at the end of every quarter of the calendar year, submit to Congress
a complete report of the loans contracted or guaranteed by the Government or government-
owned and controlled corporations.

(E) All the above choices are defective in some respects.

XIX. Candida has been administratively charged of immorality for openly living with Manuel, a
married man. Candida argues that her conjugal arrangement with Manuel fully conforms with their
religious beliefs and with the teachings of their church.

In resolving whether Candida should be administratively penalized, which is the best test to apply?
(1%)

(A) Clear and Present Danger Test

(B) Compelling State Interest Test

(C) Balancing of interests Test

(D) Conscientious Objector Test

(E) Dangerous Tendency Test

XX. Rafael questioned the qualifications of Carlos as congressman of the Third District of Manila on
the ground that Carlos is a citizen of the USA. The decision disqualifying Carlos for being a US
citizen came only in March 2010, i.e., after the adjournment of the session of Congress on the 3'd
year of the position's three-year term.

What was Carlos' status during his incumbency as congressman? (1%)

(A) He was a de jure officer, having been duly elected and proclaimed.

(B) He was not a public officer because he effectively was not entitled to be a congressman.
(C) He was a de jure officer since he completed the service of his term before he was
disqualified.

(D) He was a de facto officer since he had served and was only disqualified later.

(E) He neither possesses de jure nor de facto status as such determination is pointless.
 2014

I.

With the passage of time, the members of the House of Representatives increased with the creation
of new legislative districts and the corresponding adjustments in the number of party-list
representatives. At a time when the House membership was already 290, a great number of the
members decided that it was time to propose amendments to the Constitution. The Senators, however,
were cool to the idea. But the members of the House insisted. They accordingly convened Congress
into a constituent assembly in spite of the opposition of the majority of the members of the Senate.
When the votes were counted, 275 members of the House of Representatives approved the proposed
amendments. Only 10 Senators supported such proposals. The proponents now claim that the
proposals were validly made, since more than the required three-fourths vote of Congress has been
obtained. The 14 Senators who voted against the proposals claim that the proposals needed not three-
fourths vote of the entire Congress but each house. Since the required number of votes in the Senate
was not obtained, then there could be no valid proposals, so argued the Senators. Were the proposals
validly adopted by Congress? (5%)

II.

Several citizens, unhappy with the proliferation of families dominating the political landscape, decided
to take matters into their own hands. They proposed to come up with a people’s initiative defining
political dynasties. They started a signature campaign for the purpose of coming up with a petition for
that purpose. Some others expressed misgivings about a people’s initiative for the purpose of
proposing amendments to the Constitution, however. They cited the Court’s decision in Santiago v.
Commission on Elections, 270 SCRA 106 (1997), as authority for their position that there is yet no
enabling law for s uch purpose. On the other hand, there are also those who claim that the individual
votes of the justices in Lambino v. Commission on Elections, 505 SCRA 160 (2006), mean that
Santiago’s pronouncement has effectively been abandoned. If you were consulted by those behind
the new attempt at a people’s initiative, how would you advise them? (4%)

III.

In Serrano v. Gallant Maritime Services, Inc., 582 SCRA 254 (2009), the Supreme Court declared as
violative of the Equal Protection Clause the 5th paragraph of §10 R.A. No. 8042 (Migrant Workers and
Overseas Filipinos Act of 1995) for discriminating against illegally dismissed OFWs who still had mo
re than a year to their contract compared to those who only had less than a year remaining. The next
year, Congress enacted R.A. No 10222, an amendment to the Migrant Workers and Overseas Filipinos
Act, which practically reinstated the provision struck down in Serrano.

Seamacho, an overseas seafarer who still had two years remaining on his contract when he was
illegally terminated, and who would only be entitled to a maximum of six-month’s pay under the
reinstated provision, engages you as his counsel. How are you to argue that the new law is invalid
insofar as it brings back to the statute books a provision that has already been struck down by the
Court? (5%)

IV.

Beauty was proclaimed as the winning candidate for the position of Representative in the House of
Representatives three (3) days after the elections in May. She then immediately took her oath of office.
However, there was a pending disqualification case against her, which case was eventually decided
by the COMELEC against her 10 days after the election. Since she has already been proclaimed, she
ignored that decision and did not bother appealing it. The COMELEC then declared in the first week
of June that its decision holding that Beauty was not validly elected had become final. Beauty then
went to the Supreme Court questioning the jurisdiction of the COMELEC claiming that since she had
already been proclaimed and had taken her oath of office, such election body had no more right to
come up with a decision – that the jurisdiction had already been transferred to the House of
Representatives Electoral Tribunal. How defensible is the argument of Beauty? (4%)

V.

Greenpeas is an ideology-based political party fighting for environmental causes. It decided to

participate under the party-list system. When the election results came in, it only obtained 1.99 percent
of the votes cast under the party -list system. Bluebean, a political observer, claimed that Greenpeas
is not entitled to any seat since it failed to obtain at least 2% of the votes. Moreover, since it does not
represent any of the marginalized and underrepresented sectors of society, Greenpeas is not entitled
to participate under the party-list system. How valid are the observations of Bluebean? (4%)

VI.

A few months before the end of the present Congress, Strongwill was invited by the Senate to shed
light in an inquiry relative to the alleged siphoning and diverting of the pork barrel of members of
Congress to non-existent or fictitious projects. Strongwill has been identified in the news as the
principal actor responsible for the scandal, the leader of a non-governmental organization which
ostensibly funnelled the funds to certain local government projects which existed only on paper. At the
start of the hearings before the Senate, Strongwill refused at once to cooperate. The Senate cited him
in contempt and sent him to jail until he would have seen the light. The Congress, thereafter, adjourned
sine die preparatory to the assumption to office of the newly-elected members. In the meantime,
Strongwill languished behind bars and the remaining senators refused to have him released, claiming
that the Senate is a continuing body and , therefore, he can be detained indefinitely. Are the senators
right? (4%)

VII.

Margie has been in the judiciary for a long time, starting from the lowest court. Twenty (20) years from
her first year in the judiciary, she was nominated as a Justice in the Court of Appeals. Margie also
happens to be a first-degree cousin of the President. The Judicial and Bar Council included her in the
short-list submitted to the President whose term of office was about to end – it was a month before the
next presidential elections. Can the President still make appointments to the judiciary during the so-
called midnight appointment ban period? Assuming that he can still make appointments, could he
appoint Margie, his cousin? (4%)

VIII.

The President, concerned about persistent reports of widespread irregularities and shenanigans
related to the alleged ghost projects with which the pork barrel funds of members of Congress had
been associated, decided not to release the funds authorized under a Special Appropriations Act for
the construction of a new bridge. The Chief Executive explained that, to pro perly conserve and
preserve the limited funds of the government, as well as to avoid further mistrust by the people, such
a project – which he considered as unnecessary since there was an old bridge near the proposed
bridge which was still functional – should be scrapped. Does the President have such authority? (4%)
 IX.

Gerrymandering refers to the practice of: (1%)

(A) creating or dividing congressional districts in a manner intended to favor a particular party
or candidate

(B) truancy as applied to Members of Congress

(C) loafing among members of Congress

(D) coming up with guessing game when it comes to legislation

(E) commandeering large chunks of the budget for favoured congressional districts

X.

The void-for-vagueness doctrine is a concept which means that: (1%)

(A) if a law is vague, then it must be void

(B) any law which could not be understood by laymen is a nullity

(C) if a law is incomprehensible to ordinary people such that they do not really know what is
required or prohibited, then the law must be struck down

(D) a government regulation that lacks clear standards is nonsensical and useless as a guide
for human conduct

(E) clarity in legal language is a mandate of due process.

XI.

In keeping with the modern age of instant and incessant information and transformation, Congress
passed Cybercrime Prevention Act to regulate access to and use of the amenities of the cyberspace.
While ostensibly the law is intended to protect the interests of society, some of its provisions were also
seen as impermissibly invading and impairing widely cherished liberties of the people particularly the
freedom of expression. Before the law could even be implemented, petitions were filed in the Supreme
Court questioning said provisions by people who felt threatened, for themselves as well as for the
benefit of others who may be similarly affected but not minded enough to challenge the law. The
Solicitor General countered that there is no basis for the exercise of the power of judicial review since
there has yet been no violation of the law, and therefore, there is no actual case or controversy to
speak of, aside from the fact that the petitioners have no locus standi since they do not claim to be in
imminent danger of being prosecuted under the law. Can the Court proceed to decide the case even
if the law has not yet become effective? (4%)
 XII.

The Court had adopted the practice of announcing its decision in important, controversial or interesting
cases the moment the votes had been taken among the justices, even as the final printed decision
and separate opinions are not yet available to the public. In a greatly anticipated decision in a case of
wide-ranging ramifications, the voting was close – 8 for the majority, while 7 were for the other side.
After the Court had thus voted, it issued a press release announcing the result, with the advice that
the printed copy of the decision, together with the separate opinions, were to be issued subsequently.
The following day, however, one of the members of the Court died. The Court then announced that it
would deliberate anew on the case since apparently the one who died belonged to the majority.
Citizens for Transparency, a group of civic-spirited professionals and ordinary citizens dedicated to
transparency and accountability in the government, questioned the act of the Court. The petitioners
claimed the decision had already been validly adopted and promulgated. Therefore, it could no longer
be recalled by the Court. At the same time, the group also asked the Court to disclose to the public
the original decision and the separate opinions of the magistrates, together with what they had
deliberated on just before they came up with the press release about the 8-7 decision. (6%)

(A) Was the announced 8-7 decision already validly promulgated and thus not subject to
recall?

(B) If the decision was not yet finalized at the time when the justice died, could it still be
promulgated?

(C) If the decision was still being finalized, should the Court release to the public the majority
decision and the separate opinions as originally announced, together with their deliberations
on the issues?

XIII.

Congress may increase the appellate jurisdiction of the Supreme Court: (1%)

(A) anytime it wants

(B) if requested by the Supreme Court

(C) upon recommendation of the President

(D) only with the advice and concurrence of the Supreme Court

(E) whenever it deems it appropriate, advisable or necessary

XIV.

The guarantee of freedom of expression signifies: (1%)

(A) absolute freedom to express oneself

(B) freedom from prior restraint

(C) right to freely speak on anything without limitations

 (D) the right of the government to regulate speech

(E) the right of broadcast stations to air any program

XV.

Allmighty Apostles is a relatively new religious group and movement with fast-growing membership.
One time, DeepThroat, an investigative reporter, made a research and study as to what the group’s
leader, Maskeraid was actually doing. DeepThroat eventually came up with the conclusion that
Maskeraid was a phony who is just fooling the simple-minded people to part with their money in
exchange for the promise of eternal happiness in some far -away heaven. This was published in a
newspaper which caused much agitation among the followers of Maskeraid. Some threatened
violence against DeepThroat, while some others already started destroying properties while hurting
those selling the newspaper. The local authorities, afraid of the public disorder that such followers
might do, decided to ban the distribution of the newspaper containing the article. DeepThroat went to
court complaining about the prohibition placed on the dissemination of his article. He claims that the
act of the authorities partakes of the nature of heckler’s veto, thus a violation of the guaranty of press
freedom. On th e other hand, the authorities counter that the act was necessary to protect the public
order and the greater interest of the community. If you were the judge, how would you resolve the
issue? (4%)

XVI.

The overbreadth doctrine posits that the government: (1%)

(A) must know the extent of its power

(B) when it exercises too much power it is like someone with bad breath – it is not healthy to
society

(C) can enact laws which can reach outside its borders, like long -arm statues

(D) the government is prohibited in banning unprotected speech if a substantial amount of

protected speech is restrained or chilled in the process

XVII.

Towards the end of the year, the Commission on Audit (COA) sought the remainder of its appropriation
from the Department of Budge t and Management (DBM). However, the DBM refused because the
COA had not yet submitted a report on the expenditures relative to the earlier amount released to it.
And, pursuant to the "no report, no release" policy of the DBM, COA is not entitled to any further
releases in the meantime. COA counters that such a policy contravenes the guaranty of fiscal
autonomy granted by the Constitution. Is COA entitled to receive the rest of its appropriations even
without complying with the DBM policy? (4%)

XVIII.

The National Building Code and its implementing rules provide, inter alia, that operators of shopping
centers and malls should provide parking and loading spaces, in accordance with a prescribed ratio.
The Solicitor General, heeding the call of the public for the provision of free parking spaces in malls,
filed a case to compel said business concerns to discontinue their practice of collecting parking fees.
The mall owners and operators oppose, saying that this is an invalid taking of their property, thus a
violation of due process. The Solicitor General justifies it, however, claiming that it is a valid exercise
of police power. Could the mall owners and operators be validly compelled to provide free parking to
their customers? (4%)

XIX.

Surveys Galore is an outfit involved in conducting nationwide surveys. In one such survey, it asked
the people about the degree of trust and confidence they had in several institutions of the government.
When the results came in, the judiciary was shown to be less trusted than most of the government
offices. The results were then published by the mass media. Assension, a trial court judge, felt
particularly offended by the news. He then issued a show-cause order against Surveys Galore
directing the survey entity to explain why it should not be cited in contempt for coming up with such a
survey and publishing the results which were so unflattering and degrading to the dignity of the
judiciary. Surveys Galore immediately assailed the show-cause order of Judge Assension, arguing
that it is violative of the constitutional guaranty of freedom of expression. Is Surveys Galore’s petition
meritorious? (4%)

XX.

Under the so-called doctrine of qualified political agency, (1%)

(A) civil servants must first qualify before they could be appointed to office

(B) all employees in the government are merely agents of the people

(C) the acts of subordinates presumptively of those of the heads of offices disapproves them

(D) members of the Cabinet must have the absolute trust and confidence of the President

XXI.

Constituent power refers to the authority (1%)

(A) of public officials to command respect

(B) given to Congress to enact police power measures

(C) to propose constitutional amendments or revisions

(D) of the people to take back the power entrusted to those in government

(E) of the President to call out the armed forces to suppress lawless violence

XXII.

The National Power and Grid Corporation (NPGC), a government entity involved in power generation
distribution, had its transmissi on lines traverse some fields belonging to Farmerjoe. NPGC did so
without instituting any expropriation proceedings. Farmerjoe, not knowing any better, did not
immediately press his claim for payment until after ten years later when a son of his took up Law and
told him that he had a right to claim compensation. That was then the only time that Farmerjoe
earnestly demanded payment. When the NPGC ignored him, he instituted a case for payment of just
compensation. In defense, NPGC pointed out that the claim had already prescribed since under its
Charter it is clearly provided that "actions for damages must be filed within five years after the rights
of way, transmission lines, substations, plants or other facilities shall have been established and that
after said period, no suit shall be brought to question the said rights of way, transmission lines,
substations, plants or other facilities." If you were the lawyer of Farmerjoe, how would you protect and
vindicate the rights of your client? (4%)

XXIII.

The police got a report about a shooting incident during a town fiesta. One person was killed. The
police immediately went to the scene and started asking the people about what they witnessed. In due
time, they were pointed to Edward Gunman, a security guard, as the possible malefactor. Edward was
then having refreshment in one of the eateries when the police approached him. They asked him if he
had a gun to which question he answered yes. Then they asked if he had seen anybody shot in the
vicinity just a few minutes earlier and this time he said he did not know about it. After a few more
questions, one of the policemen asked Edward if he was the shooter. He said no, but then the
policeman who asked him told him that several witnesses pointed to hi m as the shooter. Whereupon
Edward broke down and started explaining that it was a matter of self-defense. Edwardwas eventually
charged with murder. During his trial, the statements he made to the police were introduced as
evidence against him. He obj ected claiming that they were inadmissible since he was not given his
Miranda rights. On the other hand, the prosecution countered that there was no need for such rights
to be given since he was not yet arrested at the time of the questioning. If you wer e the judge, how
would you rule on the issue? (4%)

XXIV.

Alienmae is a foreign tourist. She was asked certain questions in regard to a complaint that was filed
against her by someone who claimed to have been defrauded by her. Alienmae answered all the
questions asked, except in regard to some matters in which she invoked her right against self-
incrimination. When she was pressed to elucidate, she said that the questions being asked might tend
to elicit incriminating answers insofar as her home state is concerned. Could Alienmae invoke the right
against self-incrimination if the fear of incrimination is in regard to her foreign law? (4%)

XXV.

Rosebud is a natural-born Filipino woman who got married to Rockcold, a citizen of State Frozen. By
virtue of the laws of Frozen, any person who marries its citizens would automatically be deemed its
own citizen. After ten years of marriage, Rosebud, who has split her time between the Philippines and
Frozen, decided to run for Congress. Her opponent sought her disqualification, however, claiming that
she is no longer a natural-born citizen. In any event, she could not seek elective position since she
never renounced her foreign citizenship pursuant to the Citizenship Retention and Reacquisition Act
(R.A. No. 9225). Is Rosebuddisqualified to run by reason of citizenship? (4%)

XXVI.

The one-year-bar rule in impeachment proceedings is to be reckoned from the time the (1%)

(A) first impeachment complaint is filed

(B) impeachment complaint is referred to the Committee on Justice

 (C) House of Representatives vote on the impeachment complaint

(D) House of Representatives endorses the Articles of Impeachment to the Senate

XXVII.

Congress enacted a law exempting certain government institutions providing social services from the
payment of court fees. Atty. Kristopher Timoteo challenged the constitutionality of the said law on the
ground that only the Supreme Court has the power to fix and exempt said entities from the payment
of court fees.

Congress, on the other hand, argues that the law is constitutional as it has the power to enact said
law for it was through legislative fiat that the Judiciary Development Fund (JDF) and the Special
Allowance for Judges and Justices (SAJJ), the funding of which are sourced from the fees collected
by the courts, were created. Thus, Congress further argues that if it can enact a law utilizing court fees
to fund the JDF and SAJJ, a fortiori it can enact a law exempting the payment of court fees.

Discuss the constitutionality of the said law, taking into account the arguments of both parties? (4%)

XXVIII.

From an existing province, Wideland, Congress created a new province, Hundred Isles, consisting of
several islands, with an aggregate area of 500 square kilometres. The law creating Hundred Isles was
duly approved in a plebiscite called for that purpose. Juan, a taxpayer and a resident of Wideland,
assailed the creation of Hundred Isles claiming that it did not comply with the area requirement as set
out in the Local Government Code, i.e., an area of at least 2,000 square kilometres. The proponents
justified the creation, however, pointing out that the Rules and Regulations Implementing the Local
Government Code states that "the land area requirement shall not apply where the pr oposed province
is composed of one (1) or more islands." Accordingly, since the new province consists of several
islands, the area requirement need not be satisfied. How tenable is the position of the proponents?
(4%)

XXIX.

Ambassador Gaylor is State Juvenus’ diplomatic representative to State Hinterlands. During one of
his vacations, Ambassador Gaylor decided to experience for himself the sights and sounds of State
Paradise, a country known for its beauty and other attractions. While in State Paradise, Ambassador
Gaylor was caught in the company of children under suspicious circumstances. He was arrested for
violation of the strict anti-pedophilia statute of State Paradise. He claims that he is immune from arrest
and incarceration by virtue of his diplomatic immunity. Does the claim of Ambassador Gaylor hold
water? (4%)

XXX.

Congress passed a law, R.A. No. 15005, creating an administrative Board principally tasked with the
supervision and regulation of legal education. The Board was attached to the Department of
Education. It was empowered, among others, to prescribe minimum standards for law admission and
minimum qualifications of faculty members, the basic curricula for the course of study aligned to the
requirements for admission to the Bar, law practice and social consciousness, as well as to establish
a law practice internship as a requirement for taking the Bar which a law student shall undergo anytime
during the law course, and to adopt a system of continuing legal education. Professor Boombastick, a
long-time law practitioner and lecturer in several prestigious law schools, assails the constitutionality
of the law arguing; that it encroached on the prerogatives of the Supreme Court to promulgate rules
relative to admission to the pra ctice of law, the Integrated Bar, and legal assistance to the
underprivileged. If you were Professor Boombastick’s understudy, how may you help him develop
clear, concise and cogent arguments in support of his position based on the present Constitution and
the decisions of the Supreme Court on judicial independence and fiscal autonomy? (4%)
 2015

I. The Philippines and the Republic of Kroi Sha established diplomatic relations and immediately
their respective Presidents signed the following: (1) Executive Agreement allowing the
Republic of Kroi Sha to establish its embassy and consular offices within Metro Manila; and
(2) Executive Agreement allowing the Republic of Kroi Sha to bring to the Philippines its
military complement, warships, and armaments from time to time for a period not exceeding
one month for the purpose of training exercises with the Philippine military forces and
exempting from Philippine criminal jurisdiction acts committed in the line of duty by foreign
military personnel, and from paying custom duties on all the goods brought by said foreign
forces into Philippine territory in connection with the holding of the activities authorized under
the said Executive Agreement.

Senator Maagap questioned the constitutionality of the said Executive Agreements and
demanded that the Executive Agreements be submitted to the Senate for ratification pursuant
to the Philippine Constitution. Is Senator Maagap correct? Explain. (4%)

II. (1) A bill was introduced in the House of Representatives in order to implement faithfully the
provisions of the United Nations Convention on the Law of the Sea (UNCLOS) to which the
Philippines is a signatory. Congressman Pat Rio Tek questioned the constitutionality of the bill
on the ground that the provisions of UN CLOS are violative of the provisions of the Constitution
defining the Philippine internal waters and territorial sea. Do you agree or not with the said
objection? Explain. (3%)

(2) Describe the following maritime regimes under UNCLOS (4%)

(a) Territorial sea

(b) Contiguous zone

(c) Exclusive economic zone

(d) Continental shelf

III. Professor Masipag who holds a plantilla or regular item in the University of the Philippines
(UP) is appointed as an Executive Assistant in the Court of Appeals (CA). The professor is
considered only on leave of absence in UP while he reports for work at the CA which shall pay
him the salary of the Executive Assistant. The appointment to the CA position was questioned,
but Professor Masipag countered that he will not collect the salary for both positions; hence,
he can not be accused of receiving double compensation. Is the argument of the professor
valid? Explain. (4%)

IV. When is a facial challenge to the constitutionality of a law on the ground of violation of the Bill
of Rights traditionally allowed? Explain your answer. (3%)
 V. BD Telecommunications, Inc. (BDTI), a Filipino-owned corporation, sold its 1,000 common
shares of stock in the Philippine Telecommunications Company (PTC), a public utility, to
Australian Telecommunications (AT), another stockholder of the PTC which also owns 1,000
common shares. A Filipino stockholder of PTC questions the sale on the ground that it will
increase the common shares of AT, a foreign company, to more than 40% of the capital (stock)
of PTC in violation of the 40% limitation of foreign ownership of a public utility. AT argues that
the sale does not violate the 60-40 ownership requirement in favor of Filipino citizens decreed
in Section II, Article XII of the 1987 Constitution because Filipinos still own 70% of the capital
of the PTC. AT points to the fact that it owns only 2,000 common voting shares and 1,000 non-
voting preferred shares while Filipino stockholders own 1,000 common shares and 6,000
preferred shares, therefore, Filipino stockholders still own a majority of the outstanding capital
stock of the corporation, and both classes of shares have a par value of Php 20.00 per share.
Decide. (5%)

VI. (1) Distinguish the President's authority to declare a state of rebellion from the authority to
proclaim a state of national emergency. (2%)

(2) What are the limitations, if any, to the pardoning power of the President? (3%)

VII. Senator Fleur De Lis is charged with plunder before the Sandiganbayan. After finding the
existence of probable cause, the court issues a warrant for the Senator's arrest. The
prosecution files a motion to suspend the Senator relying on Section 5 of the Plunder Law.
According to the prosecution, the suspension should last until the termination of the case.
Senator Lis vigorously opposes the motion contending that only the Senate can discipline its
members; and that to allow his suspension by the Court would violate the principle of
separation of powers. Is Senator Lis's contention tenable? Explain. (4%)

VIII. A law provides that the Secretaries of the Departments of Finance and Trade and Industry,
the Governor of the Central Bank, the Director General of the National Economic Development
Authority, and the Chairperson of the Philippine Overseas Construction Board shall sit as ex-
officio members of the Board of Directors (BOD) of a government owned and controlled
corporation (GOCC). The other four (4) members shall come from the private sector. The BOD
issues a resolution to implement a new organizational structure, staffing pattern, a position
classification system, and a new set of qualification standards. After the implementation of the
Resolution, Atty. Dipasupil questioned the legality of the Resolution alleging that the BOD has
no authority to do so. The BOD claims otherwise arguing that the doctrine of qualified political
agency applies to the case. It contends that since its agency is attached to the Department of
Finance, whose head, the Secretary of Finance, is an alter ego of the President, the BOD's
acts were also the acts of the President. Is the invocation of the doctrine by the BOD proper?
Explain. (4%)

IX. Several senior officers of the Armed Forces of the Philippines received invitations from the
Chairperson of the Senate Committees on National Defense and Security for them to appear
as resource persons in scheduled public hearings regarding a wide range of subjects. The
invitations state that these public hearings were triggered by the privilege speeches of the
Senators that there was massive electoral fraud during the last national elections. The invitees
 Brigadier General Matapang and Lieutenant Coronel Makatuwiran, who were among those
tasked to maintain peace and order during the last election, refused to attend because of an
Executive Order banning all public officials enumerated in paragraph 3 thereof from appearing
before either house of Congress without prior approval of the President to ensure adherence
to the rule of executive privilege. Among those included in the enumeration are "senior officials
of executive departments who, in the judgment of the department heads, are covered by
executive privilege." Several individuals and groups challenge the constitutionality of the
subject executive order because it frustrates the power of the Congress to conduct inquiries
in aid of legislation under Section 21, Article VI of the 1987 Constitution. Decide the case. (5%)

X. The Secretary of the Department of Environment and Natural Resources (DENR) issued
Memorandum Circular No. 123-15 prescribing the administrative requirements for the
conversion of a timber license agreement (TLA) into an Integrated Forestry Management
Agreement (IFMA). ABC Corporation, a holder of a TLA which is about to expire, claims that
the conditions for conversion imposed by the said circular are unreasonable and arbitrary and
a patent nullity because it violates the non-impairment clause under the Bill of Rights of the
1987 Constitution. ABC Corporation goes to court seeking the nullification of the subject
circular. The DENR moves to dismiss the case on the ground that ABC Corporation has failed
to exhaust administrative remedies which is fatal to its cause of action. If you were the judge,
will you grant the motion? Explain. (4%)

XI. (1) What is the concept of expanded judicial review under the 1987 Constitution? (3%)

(2) Differentiate the rule-making power or the power of the Supreme Court to promulgate rules
under Section 5, Article VIII of the 1987 Constitution and judicial legislation. (2%)

XII. Discuss the evolution of the principle of jus sanguinis as basis of Filipino citizenship under the
1935, 1973, and 1987 Constitutions. (3%)

XIII. On August 15, 2015, Congresswoman Dina Tatalo filed and sponsored House Bill No. 5432,
entitled "An Act Providing for the Apportionment of the Lone District of the City of Pangarap."
The bill eventually became a law, R.A. No. 1234. It mandated that the lone legislative district
of the City of Pangarap would now consist of two (2) districts. For the 2016 elections, the voters
of the City of Pangarap would be classified as belonging to either the first or second district,
depending on their place of residence. The constituents of each district would elect their own
representative to Congress as well as eight (8) members of the Sangguniang Panglungsod.
R.A. No. 1234 apportioned the City's barangays. The COMELEC thereafter promulgated
Resolution No. 2170 implementing R.A. No. 1234.

Piolo Cruz assails the COMELEC Resolution as unconstitutional. According to him, R.A. No.
1234 cannot be implemented without conducting a plebiscite because the apportionment
under the law falls within the meaning of creation, division, merger, abolition or substantial
alteration of boundaries of cities under Section 10, Article X of the 1987 Constitution. Is the
claim correct? Explain. (4%)
XIV. Congress enacted R.A. No. 14344 creating the City of Masuwerte which took effect on
September 25, 2014. Section 23 of the law specifically exempts the City of Masuwerte from
the payment of legal fees in the cases that it would file and/or prosecute in the courts of law.
In two (2) cases that it filed, the City of Masuwerte was assessed legal fees by the clerk of
court pursuant to Rule 141 (Legal Fees) of the Rules of Court. The City of Masuwerte questions
the assessment claiming that it is exempt from paying legal fees under Section 23 of its charter.
Is the claim of exemption tenable? Explain. (4%)

XV. The President appointed Dexter I. Ty as Chairperson of the COMELEC on June 14, 2011 for
a term of seven (7) years pursuant to the 1987 Constitution. His term of office started on June
2, 2011 to end on June 2, 2018. Subsequently, the President appointed Ms. Marikit as the third
member of the COMELEC for a term of seven (7) years starting June 2, 2014 until June 2,
2021. On June 2, 2015, Chairperson Ty retired optionally after having served the government
for thirty (30) years. The President then appointed Commissioner Marikit as COMELEC
Chairperson. The Commission on Appointments confirmed her appointment. The appointment
papers expressly indicate that Marikit will serve as COMELEC Chairperson "until the expiration
of the original term of her office as COMELEC Commissioner or on June 2, 2021." Matalino, a
tax payer, files a petition for certiorari before the Supreme Court asserting that the appointment
of Marikit as COMELEC Chairperson is unconstitutional for the following reasons: (1) The
appointment of Marikit as COMELEC Chairperson constituted a reappointment which is
proscribed by Section 1 (2), Article IX of the 1987 Constitution; and (2) the term of office
expressly stated in the appointment papers of Marikit likewise contravenes the aforementioned
constitutional provision. Will the constitutional challenge succeed? Explain. (4%)

XVI. (1) Gandang Bai filed her certificate of candidacy (COC) for municipal mayor stating that she
is eligible to run for the said position. Pasyo Maagap, who also filed his COC for the same
position, filed a petition to deny due course or cancel Bai's COC under Section 78 of the
Omnibus Election Code for material misrepresentation as before Bai filed her COC, she had
already been convicted of a crime involving moral turpitude. Hence, she is disqualified
perpetually from holding any public office or from being elected to any public office. Before the
election, the COMELEC cancelled Bai' s COC but her motion for reconsideration (MR)
remained pending even after the election. Bai garnered the highest number of votes followed
by Pasyo Maagap, who took his oath as Acting Mayor. Thereafter, the COMELEC denied Bai's
MR and declared her disqualified for running for Mayor. P. Maagap asked the Department of
Interior and Local Government Secretary to be allowed to take his oath as permanent
municipal mayor. This request was opposed by Vice Mayor Umaasa, invoking the rule on
succession to the permanent vacancy in the Mayor's office. Who between Pasyo Maagap and
Vice Mayor Umaasa has the right to occupy the position of Mayor? Explain your answer. (5%)

(2) How do you differentiate the petition filed under Section 68 from the petition filed under
Section 78, both of the Omnibus Election Code? (3%)

XVII. The Gay, Bisexual and Transgender Youth Association (GBTYA), an organization of gay,
bisexual, and transgender persons, filed for accreditation with the COMELEC to join the
forthcoming party-list elections. The COMELEC denied the application for accreditation on the
ground that GBTY A espouses immorality which offends religious dogmas. GBTY A challenges
the denial of its application based on moral grounds because it violates its right to equal
protection of the law.
 (1) What are the three (3) levels of test that are applied in equal protection cases?
Explain. (3%)

(2) Which of the three (3) levels of test should be applied to the present case? Explain.
(3%)

XVIII. Around 12:00 midnight, a team of police officers was on routine patrol in Barangay
Makatarungan when it noticed an open delivery van neatly covered with banana leaves.
Believing that the van was loaded with contraband, the team leader flagged down the vehicle
which was driven by Hades. He inquired from Hades what was loaded on the van. Hades just
gave the police officer a blank stare and started to perspire profusely. The police officers then
told Hades that they will look inside the vehicle. Hades did not make any reply. The police
officers then lifted the banana leaves and saw several boxes. They opened the boxes and
discovered several kilos of shabu inside. Hades was charged with illegal possession of illegal
drugs. After due proceedings, he was convicted by the trial court. On appeal, the Court of
Appeals affirmed his conviction.

In his final bid for exoneration, Hades went to the Supreme Court claiming that his
constitutional right against unreasonable searches and seizures was violated when the police
officers searched his vehicle without a warrant; that the shabu confiscated from him is thus
inadmissible in evidence; and that there being no evidence against him, he is entitled to an
acquittal.

For its part, the People of the Philippines maintains that the case of Hades involved a
consented warrantless search which is legally recognized. The People adverts to the fact that
Hades did not offer any protest when the police officers asked him if they could look inside the
vehicle. Thus, any evidence obtained in the course thereof is admissible in evidence.

Whose claim is correct? Explain. (5%)

XIX. Pursuant to its mandate to manage the orderly sale, disposition and privatization of the
National Power Corporation's (NPC) generation assets, real estate and other disposable
assets, the Power Sector Assets and Liabilities Management (PSALM) started the bidding
process for the privatization of Angat Hydro Electric Power Plant ( AHEPP). After evaluation
of the bids, K-Pop Energy Corporation, a South Korean Company, was the highest bidder.
Consequently, a notice of award was issued to K-Pop. The Citizens' Party questioned the sale
arguing that it violates the constitutional provisions on the appropriation and utilization of a
natural resource which should be limited to Filipino citizens and corporations which are at least
60% Filipino-owned. The PSALM countered that only the hydroelectric facility is being sold
and not the Angat Dam; and that the utilization of water by a hydroelectric power plant does
not constitute appropriation of water from its natural source of water that enters the intake gate
of the power plant which is an artificial structure. Whose claim is correct? Explain. (4%)

XX. Typhoon Bangis devastated the Province of Sinagtala. Roads and bridges were destroyed
which impeded the entry of vehicles into the area. This caused food shortage resulting in
massive looting of grocery stores and malls. There is power outage also in the area. For these
reasons, the governor of the province declares a state of emergency in their province through
Proclamation No. 1. He also invoked Section 465 of the Local Government Code of 1991 (R.A.
No. 7160) which vests on the provincial governor the power to carryout emergency measures
during man-made and natural disasters and calamities, and to call upon the appropriate
 national law enforcement agencies to suppress disorder and lawless violence. In the same
proclamation, the governor called upon the members of the Philippine National Police, with
the assistance of the Armed Forces of the Philippines, to set up checkpoints and chokepoints,
conduct general searches and seizures including arrests, and other actions necessary to
ensure public safety. Was the action of the provincial governor proper? Explain. (4%)

XXI. The Partido ng Mapagkakatiwalaang Pilipino (PMP) is a major political party which has
participated in every election since the enactment of the 1987 Constitution. It has fielded
candidates mostly for legislative district elections. In fact, a number of its members were
elected, and are actually serving, in the House of Representatives. In the coming 2016
elections, the PMP leadership intends to join the party-list system.

Can PMP join the party-list system without violating the Constitution and Republic Act (R.A.)
No. 7941? (4%)

XXII. The President appoints Emilio Melchor as Chairperson of the Civil Service Commission. Upon
confirmation of Melchor's appointment, the President issues an executive order including him
as Ex-Officio member of the Board of Trustees of the Government Service Insurance System
(GSIS), Employees Compensation Commission (ECC), and the Board of Directors of the
Philippine Health Insurance Corporation (PHILHEALTH). Allegedly, this is based on the
Administrative Code of 1997 (E.O. No. 292), particularly Section 14, Chapter 3, Title I-A, Book
V. This provision reads: "The chairman of the CSC shall be a member of the Board of Directors
of other governing bodies of government entities whose functions affect the career
development, employment, status, rights, privileges, and welfare of government officials and
employees... " A taxpayer questions the designation of Melchor as ex-officio member of the
said corporations before the Supreme Court based on two (2) grounds, to wit: (1) it violates
the constitutional prohibition on members of the Constitutional Commissions to hold any other
office or employment during his tenure; and (2) it impairs the independence of the CSC. Will
the petition prosper? Explain. (4%)
 2016

I. The contents of the vault of ABC company consisting of cash and documents were stolen.
Paulyn, the treasurer of ABC, was invited by the Makati City Police Department to shed light
on the amount of cash stolen and the details of the missing documents. Paulyn obliged and
volunteered the information asked. Later, Paulyn was charged with qualified theft together with
other suspects. Paulyn claims her rights under the Constitution and pertinent laws were
blatantly violated. The police explained that they were just gathering evidence when Paulyn
was invited for a conference and she was not a suspect at that time. Rule on her defense.
(5%)

II. Sec. 11, Art. XII of the Constitution, provides: "No franchise, certificate or any other form of
authorization for the operation of a public utility shall be granted except to citizens of the
Philippines or to corporations or associations organized under the laws of the Philippines at
least sixty per centum of whose capital is owned by such citizens xx x." Does the term "capital"
mentioned in the cited section refer to the total common shares only, or to the total outstanding
capital stock, or to both or "separately to each class of shares, whether common, preferred
non-voting, preferred voting or any class of shares?" Explain your answer. (5%)

III. A law converted the component city of Malumanay, Laguna into a highly urbanized city. The
Local Government Code (LGC) provides that the conversion "shall take effect only after it is
approved by the majority of votes cast in a plebiscite to be held in the political units directly
affected.

"Before the COMELEC, Mayor Xenon of Malumanay City insists that only the registered voters
of the city should vote in the plebiscite because the city is the only political unit directly affected
by the conversion. Governor Yuri asserts that all the registered voters of the entire province of
Laguna should participate in the plebiscite, because when the LGC speaks of the "qualified
voters therein," it means all the voters of all the political units affected by such conversion, and
that includes all the voters of the entire province. He argues that the income, population and
area of Laguna will be reduced. Who, between Mayor Xenon and Governor Yuri, is correct?
Explain your answer. (5%)

IV. Several concerned residents of the areas fronting Manila Bay, among them a group of students
who are minors, filed a suit against the Metro Manila Development · Authority (MMDA), the
Department of Environment and Natural Resources (DENR), the Department of Health (DOH),
the Department of Agriculture (DA), the Department of Education (DepEd), the Department of
Interior and Local Government (DILG), and a number of other executive agencies, asking the
court to order them to perform their duties relating to the cleanup, rehabilitation and protection
of Manila Bay. The complaint alleges that the continued neglect by defendants and their failure
to prevent and abate pollution in Manila Bay constitute a violation of the petitioners'
constitutional right to life, health and a balanced ecology.

[a] If the defendants assert that the students/petitioners who are minors do not have locus
standi to file the action, is the assertion correct? Explain your answer. (2.5%)

[b] In its decision which attained finality, the Court ordered the defendants to clean up,
rehabilitate and sanitize Manila Bay within eighteen (18) months, and to submit to the Court
periodic reports of their accomplishment, so that the Court can monitor and oversee the
activities undertaken by the agencies in compliance with the Court's directives. Subsequently,
a resolution was issued extending the time periods within which the agencies should comply
 with the directives covered by the final decision. A view was raised that the Court's continued
intervention after the case has been decided violates the doctrine of separation of powers
considering that the government agencies all belong to the Executive Department and are
under the control of the President. Is this contention correct? Why or why not? (2.5%)

V. Section 8 of P.D. No. 910, entitled "Creating an Energy Development Board, defining its
powers and functions, providing funds therefor and for other purposes," provides that: "All fees,
revenues and receipts of the Board from any and all sources x x x shall form part of a Special
Fund to be used to finance energy resource development and exploitation programs and
projects of the government and for such other purposes as may be hereafter directed by the
President.

"The Malampaya NGO contends that the provision constitutes an undue delegation of
legislative power since the phrase "and for such other purposes as may be hereafter directed
by the President" gives the President unbridled discretion to determine the purpose for which
the funds will be used. On the other hand, the government urges the application of ejusdem
generis.

[a] Explain the "completeness test" and "sufficient standard test." (2.5%)

[b] Does the assailed portion of section 8 of PD 910 hurdle the two (2) tests? (2.5%)

VI. Pornographic materials in the form of tabloids, magazines and other printed materials,
proliferate and are being sold openly in the streets of Masaya City. The City Mayor organized
a task force which confiscated these materials. He then ordered that the materials be burned
in public. Dominador, publisher of the magazine, "Plaything", filed a suit, raising the following
constitutional issues: (a) the confiscation of the materials constituted an illegal search and
seizure, because the same was done without a valid search warrant; and (b) the confiscation,
as well as the proposed destruction of the materials, is a denial of the right to disseminate
information, and thus, violates the constitutional right to freedom of expression. Is either or
both contentions proper? Explain your answer. (5%)

VII. Ernesto, a minor, while driving a motor vehicle, was stopped at a mobile checkpoint. Noticing
that Ernesto is a minor, SPOl Jojo asked Ernesto to exhibit his driver's license but Ernesto
failed to produce it. SPOI Jojo requested Ernesto to alight from the vehicle and the latter
acceded. Upon observing a bulge in the pants of Ernesto, the policeman frisked him and found
an unlicensed .22-caliber pistol inside Ernesto's right pocket. Ernesto was arrested, detained
and charged. At the trial, Ernesto, through his lawyer, argued that, policemen at mobile
checkpoints are empowered to conduct nothing more than a ''visual search". They cannot
order the persons riding the vehicle to alight. They cannot frisk, or conduct a body search of
the driver or the passengers of the vehicle.

Ernesto's lawyer thus posited that:

[a] The search conducted in violation of the Constitution and established jurisprudence was
an illegal search; thus, the gun which was seized in the course of an illegal search is the "fruit
of the poisonous tree" and is inadmissible in evidence. (2.5%)

[b] The arrest made as a consequence of the invalid search was likewise illegal, because an
unlawful act (the search) cannot be made the basis of a lawful arrest. (2.5%)

Rule on the correctness of the foregoing arguments, with reasons.

VIII. A law is passed intended to protect women and children from all forms of violence. When a woman
perceives an act to be an act of violence or a threat of violence against her, she may apply for a
Barangay Protection Order (BPO) to be issued by the Barangay Chairman, which shall have the force
and effect of law. Conrado, against whom a BPO had been issued on petition of his wife, went to court
to challenge the constitutionality of the law. He raises the following grounds:

[a] The law violates the equal protection clause, because while it extends protection to women
who may be victims of violence by their husbands, it does not extend the same protection to
husbands who may be battered by their wives. (2.5%)

[b] The grant of authority to the Barangay Chairman to issue a Barangay Protection Order
(BPO) constitutes an undue delegation of judicial power, because obviously, the issuance of
the BPO entails the exercise of judicial power. (2.5%)

Rule on the validity of the grounds raised by Conrado, with reasons.

IX. The Government, through Secretary Toogoody of the Department of · Transportation (DOTr), filed
a complaint for eminent domain to acquire a 1,000- hectare property in Bulacan, owned by Baldomero.
The court granted the expropriation, fixed the amount of just compensation, and installed the
Government in full possession of the property.

[a] If the Government does not immediately pay the amount fixed by the court as just
compensation, can Baldomero successfully demand the return of the property to him? Explain
your answer. (2.5%)

[b] If the Government paid full compensation but after two years it abandoned its plan to build
an airport on the property, can Baldomero compel the Government to re-sell the property back
to him? Explain your answer. (2.5%)

X. The Philippines entered into an international agreement with members of the international
community creating the International Economic Organization (IEO) which will serve as a forum to
address economic issues between States, create standards, encourage greater volume of trade
between its members, and settle economic disputes. After the Philippine President signed the
agreement, the Philippine Senate demanded that the international agreement be submitted to it for its
ratification. The President refused, arguing that it is an executive agreement that merely created an
international organization and it dwells mainly on addressing economic issues among States.

Is the international agreement creating the IEO a treaty or an executive agreement? Explain. (5%)

XI. The USS Liberty, a warship of the United States (U.S.), entered Philippine archipelagic waters on
its way to Australia. Because of the negligence of the naval officials on board, the vessel ran aground
off the island of Pala wan, damaging coral reefs and other marine resources in the area. Officials of
Palawan filed a suit for damages against the naval officials for their negligence, and against the U.S.,
based on Articles 30 and 31 of the United Nations Convention on the Law of the Sea (UNCLOS).
Article 31 provides that the Flag State shall bear international responsibility for any loss or damage to
the Coastal State resulting from noncompliance by a warship with the laws and regulations of the
coastal State concerning passage through the territorial sea. The U. S. Government raised the
defenses that:
 [a] The Philippine courts cannot exercise jurisdiction over another sovereign State, including
its warship and naval officials. (2.5%)

[b] The United States is not a signatory to UN CLOS and thus cannot be bound by its
provisions. (2.5%)

Rule on the validity of the defenses raised by the U.S., with reasons.

XII. Paragraphs c, d and f of Section 36 of Republic Act No. 9165 provide:

"Sec. 36. Authorized drug testing. xx x The following shall be subjected to undergo drug testing: xx x

c. Students of secondary and tertiary schools x x x;

d. Officers and employees of public and private offices x x x;

f. All persons charged before the prosecutor's office with a criminal offense having an
imposable imprisonment of not less than 6 years and 1 day;"

Petitioners contend that the assailed portions of Sec. 36 are unconstitutional for violating the right to
privacy, the right against unreasonable searches and seizures and the equal protection clause. Decide
if the assailed provisions are unconstitutional. (5%)

XIII. While Congress was not in session, the President appointed Antero as Secretary of the
Department of Tourism (DOT), Benito as Commissioner of the Bureau of Immigration (BI), Clodualdo
as Chairman of the Civil Service Commission (CSC), Dexter as Chairman of the Commission on
Human Rights (CHR), and Emmanuel as Philippine Ambassador to Cameroon. The following day, all
the appointees took their oath before the President, and commenced to perform the functions of their
respective offices.

[a] Characterize the appointments, whether permanent or temporary; and whether regular or
interim, with reasons. (2.5%)

[b] A civil society group, the Volunteers Against Misguided Politics (VAMP), files suit,
contesting the legality of the acts of the appointees and claiming that the appointees should
not have entered into the performance of the functions of their respective offices, because their
appointments had not yet been confirmed by the Commission on Appointments. Is this claim
of VAMP correct? Why or why not? (2.5%)

XIV. Onofre, a natural born Filipino citizen, arrived in the United States in 1985. In 1990, he married
Salvacion, a Mexican, and together they applied for and obtained American citizenship in 2001. In
2015, the couple and their children --Alfred, 21 years of age, Robert, 16, and Marie, 14, who were all
born in the U.S. -- returned to the Philippines on June 1, 2015. On June 15, 2015, informed that he
could reacquire Philippine citizenship without losing his American citizenship, Onofre went home to
the Philippines and took the oath of allegiance prescribed under R.A. No. 9225. On October 28, 2015,
he filed a Certificate of Candidacy to run in the May 9, 2016 elections for the position of Congressman
in his home province of Pala wan, running against re-electionist Congressman Profundo.
 [a] Did Onofre's reacquisition of Philippine citizenship benefit his wife, Salvacion, and their
minor children and confer upon them Filipino citizenship? Explain your answer. (2.5%)

[b] Before the May 9, 2016 elections, Profundo's lawyer filed a Petition to Deny Due Course or
to Cancel the Certificate of Candidacy against Onofre. What grounds can he raise in his
Petition to support it? Explain your answer. (2.5%)

XV. Congress passed a bill appropriating PlOO-billion. Part of the money is to be used for the purchase
of a 200-hectare property in Antipolo. The rest shall be spent for the development of the area and the
construction of the Universal Temple for All the World's Faiths (UTAW-F). When completed, the site
will be open, free of charge, to all religions, beliefs, and faiths, where each devotee or believer shall
be accommodated and treated in a fair and equal manner, without distinction, favor, or prejudice.
There will also be individual segments or zones in the area which can be used for the conduct of
whatever rituals, services, sacraments, or ceremonials that may be required by the customs or
practices of each particular religion. The President approved the bill, happy in the thought that this
could start the healing process of our wounded country and encourage people of varied and
oftenconflicting faiths to live together in harmony and in peace.

If the law is questioned on the ground that it violates Sec. 5, Article III of the Constitution that "no law
shall be made respecting an establishment of religion or prohibiting the free exercise thereof," how will
you resolve the challenge? Explain. (5%)

XVI. Jojo filed a criminal complaint against Art for theft of a backpack worth P150.00 with the Office of
the City Prosecutor of Manila. The crime is punishable with arresto mayor to prision correccional in its
minimum period, or not to exceed 4 years and 2 months. The case was assigned to Prosecutor Tristan
and he applied Sec. 8(a) of Rule 112 which reads: "(a) If filed with the prosecutor. - If the complaint is
filed directly with the prosecutor involving an offense punishable by imprisonment of less than four (4)
years, two (2) months and one (1) day, the procedure outlined in Sec. 3(a) of this Rule shall be
observed. The Prosecutor shall act on the complaint within ten (10) days from its filing."

On the other hand, Sec. 3(a) of Rule 112 provides: "(a) The complaint shall state the address of the
respondent and shall be accompanied by affidavits of the complainant and his witnesses as well as
other supporting documents to establish probable cause. x x x"

Since Sec. 8(a) authorizes the Prosecutor to decide the complaint on the basis of the affidavits and
other supporting documents submitted by the complainant, Prosecutor Tristan did not notify Art nor
require him to submit a counter-affidavit. He proceeded to file the Information against Art with the
Metropolitan Trial Court. Art vehemently assails Sec. 8(a) of Rule 112 as unconstitutional and violative
of due process and his rights as an accused under the Constitution for he was not informed of the
complaint nor was he given the opportunity to raise his defenses thereto before the Information was
filed. Rule on the constitutionality of Sec. 8(a) of Rule 112. Explain. (5%)

XVII. [a] Define the archipelagic doctrine of national territory, state its rationale; and explain how it is
implemented through the straight baseline method. (2.5%)

[b] Section 2 of RA 9522 declared the Kalayaan Island Group (KIG) and Scarborough Shoal
as "Regimes of Islands." Professor Agaton contends that since the law did not enclose said
islands, then the Philippines lost its sovereignty and jurisdiction over them. Is his contention
correct? Explain. (2.5%)
XVIII. Sec. 8, Article X of the 1987 Constitution provides that no elective official shall serve for more
than three (3) consecutive terms. Rule and explain briefly the reason if the official is prohibited to run
for another term in each of the following situations: (a) ifthe official is a Vice-Mayor who assumed the
position of Mayor for the unexpired term under the Local Government Code; (b) if the official has
served for three consecutive terms and did not seek a 4th term but who won in a recall election; (c) if
the position of Mayor of a town is abolished due to conversion of the town to a city; (d) if the official is
preventively suspended during his term but was exonerated; and (e) if the official is proclaimed as
winner and assumes office but loses in an election protest. (5%)

XIX. Fernando filed an administrative complaint against his co-teacher, Amelia, claiming that the latter
is living with a married man who is not her husband. Fernando charged Amelia with committing
"disgraceful and immoral conduct" in violation of the Revised Administrative Code and, thus, should
not be allowed to remain employed in the government. Amelia, on the other hand, claims that she and
her partner are members of a religious sect that allows members of the congregation who have been
abandoned by their respective spouses to enter marital relations under a "Declaration of Pledging
Faithfulness." Having made such Declaration, she argues that she cannot be charged with committing
immoral conduct for she is entitled to free exercise of religion under the Constitution.

[a] Is Amelia administratively liable? State your reasons briefly. (2.5%)

[b] Briefly explain the concept of"benevolent neutrality." (2.5%)

XX. Under Sec. 5, Article VIII of the Constitution, the Supreme Court shall have the power to
"promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice and procedure in all courts xxx." Section 23 of R.A. No. 9165 or the Comprehensive
Dangerous Drugs Act of 2002 provides that "any person charged under any provision of this Act
regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining."
Patricio, a user who was charged with alleged sale of shabu but who wants to enter a plea of guilt to
a charge of possession, questions the constitutionality of Sec. 23 on the ground that Congress
encroached on the rule-making power of the Supreme Court under Sec. 5, Article VIII. He argues that
plea-bargaining is procedural in nature and is within the exclusive constitutional power of the Court. Is
Patricio correct? Explain your answer. (5%)
 2017

I.

A priority thrust of the Administration is the change of the form of government from unitary to federal.
The change can be effected only through constitutional amendment or revision.

(a) What are the methods of amending the Constitution? Explain briefly each method. (3%)

(b) Cite at least three provisions of the Constitution that need to be amended or revised to
effect the change from unitary to federal, and briefly explain why? (3%)

II.

A.

Under the doctrine of immunity from suit, the State cannot be sued without its consent. How may the
consent be given by the State? Explain your answer. (3%)

B.

The doctrine of immunity from suit in favor of the State extends to public officials in the performance
of their official duties. May such officials be sued nonetheless to prevent or to undo their oppressive
or illegal acts, or to compel them to act? Explain your answer. (3%)

C.

Do government-owned or -controlled corporations also enjoy the immunity of the State from suit?
Explain your answer. (3%)

III.

State A and State B, two sovereign states, enter into a 10-year mutual defense treaty. After five years,
State A finds that the more progressive State B did not go to the aid of State A when it was threatened
by its strong neighbor State C. State B reasoned that it had to be prudent and deliberate in reacting to
State C because of their existing trade treaties.

(a) May State A now unilaterally withdraw from its mutual defense treaty with State B? Explain
your answer. (2.5%)

(b) What is the difference between the principles of pacta sunt servanda and rebus sic
stantibus in international law? (2.5%)

(c) Are the principles of pacta sunt servanda and rebus sic stantibus relevant in the treaty
relations between State A and State B? What about in the treaty relations between State B
and State C? Explain your answer. (2.5%)
 IV.

A.

What is the pardoning power of the President under Art. VIII, Sec. 19 of the Constitution?

Is the exercise of the power absolute? (4%)

B.

Distinguish pardon from amnesty. (4%)

V.

(a) What is the right of legation, and how is it undertaken between states? Explain your answer.
(2%)

(b) Under this right, may a country like Malaysia insist that the Philippines establishes a
consulate in Sabah to look after the welfare of the Filipino migrants in the area? Explain your
answer. (2%)

VI.

A.

The President appoints the Vice President as his Administration's Housing Czar, a position that
requires the appointee to sit in the Cabinet. Although the appointment of the members of the Cabinet
requires confirmation by the Commission on Appointment (CA), the Office of the President does not
submit the appointment to the CA. May the Vice President validly sit in the Cabinet? (2.5%)

B.

The Executive Department has accumulated substantial savings from its appropriations. Needing
₱3,000,000.00 for the conduct of a plebiscite for the creation of a new city but has no funds
appropriated soon by the Congress for the purpose, the COMELEC requests the President to transfer
funds from the savings of the Executive Department in order to avoid a delay in the holding of the
plebiscite.

May the President validly exercise his power under the 1987 Constitution to transfer funds from the
savings of the Executive Department, and make a cross-border transfer of ₱3,000,000.00 to the
COMELEC by way of augmentation? Is your answer the same if the transfer is treated as aid to the
COMELEC? Explain your answer. (4%)

VII.

Give the limitations on the power of the Congress to enact the General Appropriations Act? Explain
your answer. (5%)
 VIII.

A bank acquired a large tract of land as the highest bidder in the foreclosure sale of the mortgaged
assets of its borrower. It appears that the land has been originally registered under the Torrens system
in 1922 pursuant to the provisions of the Philippine Bill of 1902, the organic act of the Philippine Islands
as a colony of the USA. Sec. 21 of the Philippine Bill of 1902 provided that "all valuable mineral
deposits in public lands in the Philippine Islands, both surveyed and unsurveyed, are hereby declared
to be free and open to exploration, occupation and purchase, and the land in which they are found to
occupation and purchase, by citizens of the United States, or of said Islands." Sec. 27 of the law
declared that a holder of the mineral claim so located was entitled to all the minerals that lie within his
claim, but he could not mine outside the boundary lines of his claim.

The 1935 Constitution expressly prohibited the alienation of natural resources except agricultural
lands. Sec. 2, Art. XII of the 1987 Constitution contains a similar prohibition, and proclaims that all
lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of
potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are
owned by the State. This provision enunciates the Regalian Doctrine.

May the Government, on the basis of the Regalian Doctrine enunciated in the constitutional provisions,
deny the bank its right as owner to the mineral resources underneath the surface of its property as
recognized under the Philippine Bill of 1902? Explain your answer. (5%)

IX.

A.

Ambassador Robert of State Alpha committed a very serious crime while he headed his foreign
mission in the Philippines. Is he subject to arrest by Philippine authorities? Explain your answer. (3%)

B.

Extradition is the process pursuant to a treaty between two State parties for the surrender by the
requested State to the custody of the requesting State of a fugitive criminal residing in the former.
However, extradition depends on the application of two principles - the principle of specialty and
the dual criminality principle. Explain these principles. (4%)

C.

The President signs an agreement with his counterpart in another country involving reciprocity in the
treatment of each country's nationals residing in the other's territory. However, he does not submit the
agreement to the Senate for concurrence.

Sec. 21, Art. VII of the Constitution provides that no treaty or international agreement shall be valid
and effective without such concurrence.

Is the agreement signed by the President effective despite the lack of Senate concurrence? Explain
your answer. (4%)
 X.

A.

Under the enrolled bill doctrine, the signing of a bill by both the Speaker of the House of
Representatives and the President of the Senate and the certification by the secretaries of both
Houses of Congress that the bill was passed on a certain date are conclusive on the bill's due
enactment. Assuming there is a conflict between the enrolled bill and the legislative journal, to the
effect that the enrolled bill signed by the Senate President and eventually approved by the President
turned out to be different from what the Senate actually passed as reflected in the legislative journal.

(a) May the Senate President disregard the enrolled bill doctrine and consider his signature as
invalid and of no effect? (2.5%)

(b) May the President thereafter withdraw his signature? Explain your answer. (2.5%)

B.

Sec. 26(2), Art. VI of the Constitution provides that no bill passed by either House of Congress shall
become a law unless it has passed three readings on separate days and printed copies of it in its final
form have been distributed to the Members of the House three days before its passage.

Is there an exception to the provision? Explain your answer. (3%)

XI.

Sec. 17, Art. VI of the Constitution establishes an Electoral Tribunal for each of the Houses of
Congress, and makes each Electoral Tribunal "the sole judge of all contests relating to the election,
returns, and qualifications of their respective Members." On the other hand, Sec. 2(1), C (Commission
on Elections), Art. IX of the Constitution grants to the COMELEC the power to enforce and administer
all laws and regulations "relative to the conduct of an election, plebiscite, initiative, referendum, and
recall."

Considering that there is no concurrence of jurisdiction between the Electoral Tribunals and the
COMELEC, state when the jurisdiction of the Electoral Tribunals begins, and the COMELEC's
jurisdiction ends. Explain your answer. (4%)

XII.

The Congress establishes by law Philippine Funds, Inc., a private corporation, to receive foreign
donations coming from abroad during national and local calamities and disasters, and to enable the
unhampered and speedy disbursements of the donations through the mere action of its Board of
Directors. Thereby, delays in the release of the donated funds occasioned by the stringent rules of
procurement would be avoided. Also, the releases would not come under the jurisdiction of the
Commission on Audit (COA).

(a) Is the law establishing Philippine Funds, Inc. constitutional? Explain your answer. (3%)

(b) Can the Congress pass the law that would exempt the foreign grants from the jurisdiction
of the COA? Explain your answer. (3%)
 XIII.

Command responsibility pertains to the responsibility of commanders for crimes committed by

subordinate members of the armed forces or other persons subject to their control in international wars
or domestic conflicts. The doctrine has now found application in civil actions for human rights abuses,
and in proceedings seeking the privilege of the writ of amparo.

(a) What are the elements to be established in order to hold the superior or commander liable
under the doctrine of command responsibility? (4%)

(b) May the doctrine of command responsibility apply to the President for the abuses of the
armed forces (AFP and PNP) given his unique role as the commander-in-chief of all the armed
forces? Explain your answer. (4%)

XIV.

To fulfill a campaign promise to the poor folk in a far-flung area in Mindanao, the President requested
his friend, Pastor Roy, to devote his ministry to them. The President would pay Pastor Roy a monthly
stipend of ₱50,000.00 from his discretionary fund, and would also erect a modest house of worship in
the locality in an area of the latter's choice.

Does the President thereby violate any provisions of the Constitution? Explain your answer. (3%)

XV.

A.

According to Sec. 3, Art. VIII of the Constitution, the Judiciary shall enjoy fiscal autonomy. What does
the term fiscal autonomy signify? Explain your answer. (3%)

B.

May a complaint for disbarment against the Ombudsman prosper during her incumbency? Explain
your answer. (3%)

C.

Sec. 3, Art. XI of the Constitution states that "[n]o impeachment proceedings shall be initiated against
the same official more than once within a period of one year."

What constitutes initiation of impeachment proceedings under the provision? (3%)

 2018

I.

Congress enacted a law to provide Filipinos, especially the poor and the marginalized, access and
information to a full range of modern family planning methods, including contraceptives, intrauterine
devices, injectibles, non- abortifacient hormonal contraceptives, and family planning products and
supplies, but expressly prohibited abortion. To ensure its objectives, the law made it mandatory for
health providers to provide information on the full range of modern family planning methods, supplies
and services, for schools to provide reproductive health education, for non-governmental medical
practitioners to render mandatory 48 hours pro bono reproductive health services as a condition to
Philhealth accreditation, and for couples desiring to marry to attend a family planning seminar prior to
the issuance of a marriage license. It also punishes certain acts of refusals to carry out its mandates.
The spouses Aguiluz, both Roman Catholics, filed a petition to declare the law as unconstitutional
based on, among others, the following grounds:

(a) It violates the right to life, since it practically sanctions abortion. Despite express terms
prohibiting abortion, petitioners claim that the family planning products and supplies oppose
the initiation of life, which is a fundamental human right, and the sanction of contraceptive use
contravenes natural law and is an affront to the dignity of man.

(b) It violates the constitutional prohibition against involuntary servitude because it requires
medical practitioners to render 48 hours of pro bono reproductive health services which may
be against their will.

(c) It violates the Freedom of Religion, since petitioners' religious beliefs prevent them from
using contraceptives, and that any State- sponsored procurement of contraceptives, funded
by taxes, violates the guarantee of religious freedom.

Rule on each of the above objections. (2.5% each)

II

Agnes was allegedly picked up by a group of military men headed by Gen. Altamirano, and was
brought to several military camps where she was interrogated, beaten, mauled, tortured, and
threatened with death if she would not confess her membership in the New People's Army (NPA) and
point to the location of NPA camps. She suffered for several days until she was released after she
signed a document saying that she was a surenderee, and was not abducted or harmed by the military.
After she was released, and alleging that her rights to life, liberty and security had been violated and
continued to be threatened by violation of such rights, she filed with the Supreme Court (the Court) a
Petition for the Writs of Amparo and Habeas Data with prayers for Temporary Protection Orders,
Inspection of Place, and Production of Documents and Personal Properties. The case was filed against
President Amoyo (who was the President of the Philippines when the abduction, beating, mauling and
life threats were committed), General Altamirano, and several military men whom Agnes was able to
recognize during her ordeal. The Court, after finding the petition to be in order, issued the writ
of amparo and the writ of habeas data and directed the respondents to file a verified return on the
writs, and directed the Court of Appeals (CA) to hear the petition. The respondents duly filed their
return on the writs and produced the documents in their possession. After hearing, the CA ruled that
there was no more need to issue the temporary protection orders since the writ of amparo had already
been issued, and dismissed the petition against President Amoyo on the ground that he was immune
from suit during his incumbency as President. Agnes appealed the CA ruling to the Court. The appeal
was lodged after President Amoyo's term had ended.
 (a) Was the CA correct in saying that the writ of amparo rendered unnecessary the issuance
of the temporary protection order? (2.5%)

(b) Will the President's immunity from suit continue even after his term has ended, considering
that the events covered by the Petition took place during his term? (2.5%)

III

What and whose vote is required for the following acts: (2% each)

(a) the repeal of a tax exemption law;

(b) a declaration of the existence of a state of war;

(c) the amendment of a constitutional provision through a constituent assembly;

(d) the resolution of a tie in a presidential election; and

(e) the extension of the period for the suspension of the privilege of the writ of habeas
corpus?

IV

The Province of Amaya is one of the smallest provinces in the Philippines with only one legislative
district composed of four municipalities: Uno, Dos, Tres, and Cuatro.

Andres, a resident and registered voter of Cuatro municipality, ran and was elected as member of the
Sangguniang Panlalawigan (SP) of Amaya in the 2010 and 2013 local elections.

While Andres was serving his second term as ·sp member, a law was enacted re-apportioning the four
towns of Amaya into two legislative districts: Uno and Dos comprising the First District, and Tres and
Cuatro comprising the Second District.

In the 2016 local elections, Andres ran and was elected as member of the SP of Amaya representing
the Second District.

Andres seeks your legal advice regarding his intention to run as a member of the SP of Amaya for the
Second District in the next local elections in 2019. What will you advise Andres? (2.5%)

State whether or not the following acts are constitutional: (2% each)

(a) A law prescribing as qualifications for appointment to any court lower than the Supreme
Court, Philippine citizenship, whether natural-born or naturalized, 35 years of age on the date
of appointment, and at least eight years as a member of the Philippine Bar;

(b) A law requiring all candidates for national or local elective offices to be college degree
holders;
 (c) The designation by the President of an acting Associate Commissioner of the Civil Service
Commission;

(d) The appointment by the President as Deputy Ombudsman of a lawyer who has been
engaged in the practice of law for five years; and

(e) The nomination by a national party-list of a person who is not one of its bona fide members.

VI

Ang Araw, a multi-sectoral party-list organization duly registered as such with the Commission on
Elections (Comelec), was proclaimed as one of the winning party-list groups in the last national
elections. Its first nominee, Alejandro, assumed office as the party-list representative.

About one year after Alejandro assumed office, the Interim Central Committee of Ang Araw expelled
Alejandro from the party for disloyalty and replaced him with Andoy, its second nominee. Alejandro
questioned before the Comelec his expulsion and replacement by Andoy.

The Comelec considered Alejandro's petition as an intra-party dispute which it could resolve as an
incident of its power to register political parties; it proceeded to uphold the expulsion.

Is the Comelec's ruling correct? (5%)

VII

The 2016 mayoralty race in the City of Ardania included Arnaldo and Anacleto as contenders.

Arnaldo filed a petition with the Comelec to cancel Anacleto's Certificate of Candidacy (CoC) for
misrepresenting himself as a Filipino citizen. Arnaldo presented as evidence a copy of Anacleto's
Spanish passport and a certification from the Bureau of Immigration (Bl) showing that Anacleto used
the same passport several times to travel to and from Manila and Madrid or Barcelona.

In his Comment, Anacleto claimed that, a year prior to filing his CoC, he had complied with all the
requirements of R.A. No. 9225 (Citizenship Retention and Re-acquisition Act of 2003) to reacquire his
Philippine citizenship by taking an oath of allegiance and executing a sworn renunciation of his
Spanish citizenship. He defended the use of his Spanish passport subsequent to taking his oath of
allegiance to the Philippines as a practical necessity since he had yet to obtain his Philippine passport
despite reacquiring his Philippine citizenship. Even after he secured his Philippine passport, he said
he had to wait for the issuance of a Schengen visa to allow him to travel to Spain to visit his wife and
minor children.

(a) Based on the allegations of the parties, is there sufficient ground to cancel Anacleto's CoC?
(2.5%)

(b) In case Anacleto's CoC is properly cancelled, who should serve as mayor of Ardania City:
Arnaldo, who obtained the second highest number votes, or Andrea, the duly-elected Vice
Mayor of the City? (2.5%)
 VIII

Two petitions for the cancellation of Certificate of Candidacy (CoC)/Denial of Due Course were filed
with the Comelec against two candidates running as municipal mayors of different towns.

The first petition was against Anselmo. Years ago, Anselmo was charged and convicted of the crime
of rape by final judgment, and was sentenced to suffer the principal penalty of reclusion perpetua
which carried the accessory penalty of perpetual absolute disqualification. While Anselmo was in
prison, the President commuted his sentence and he was discharged from prison.

The second petition was against Ambrosio. Ambrosio's residency was questioned because he was
allegedly a "green card holder," i.e., a permanent resident of the US, as evidenced by a certification
to this effect from the US Embassy.

Acting on the recommendations of its Law Department, the Comelec en banc motu proprio issued two
resolutions granting the petitions against Anselmo and Ambrosio.

Both Anselmo and Ambrosio filed separate petitions with the Supreme Court assailing the resolutions
cancelling their respective CoCs. Both claimed that the Comelec en bane acted with grave abuse of
discretion amounting to lack or excess of jurisdiction because the petitions should have first been
heard and resolved by one of the Comelec's Divisions.

Are Anselmo and Ambrosio correct? (5%)

IX

In 1990, Agripina migrated to Canada and acquired Canadian citizenship.

In 2008, Agripina retired and returned to the Philippines to permanently reside in her hometown of
Angeles, Pampanga. A month after returning to the Philippines, Agripina took her oath of allegiance
and executed a sworn renunciation of her Canadian citizenship in accordance with R.A. No. 9225.

In 2009, Agripina filed her certificate of candidacy for Congress for the 2010 elections. Agripina's
political rivals lost no time in causing the filing of various actions to question her candidacy. They
questioned her eligibility to run as member of Congress. Since Agripina had to take an oath under
R.A. No. 9225, it meant that she needed to perform an act to perfect her Philippine citizenship.

Hence, they claimed that Agripina could not be considered a natural-born citizen. Agripina raised the
defense that, having complied with the requirements of R.A. No. 9225, she had reacquired, and was
deemed never to have lost, her Philippine citizenship.

Is Agripina disqualified to run for Congress for failing to meet the citizenship requirement? (2.5%)
 X

Ascertain the constitutionality of the following acts: (2.5% each)

(a) An investigation conducted by the Ombudsman against a Commissioner of the

Commission on Audit for serious misconduct.

(b) A law prohibiting any court, other than the Supreme Court, from issuing a writ of injunction
against an investigation being conducted by the Ombudsman.

(c) A law prohibiting any appeal from the decision or final order of the Ombudsman in an
administrative proceeding, except through a petition for review on certiorari filed before the
Supreme Court.

XI

Under Section 6 of Article V (on Criminal Jurisdiction) of the Visiting Forces Agreement (VFA), the
custody of a United States (US) personnel who becomes subject to criminal prosecution before a
Philippine court shall be with the US military authorities, if the latter so requests. The custody shall
begin from the commission of the offense until the completion of all judicial proceedings. However,
when requested, the US military authorities shall make the US personnel available to Philippine
authorities for any investigative or judicial proceeding relating to the offense with which the person has
been charged. In the event that the Philippine judicial proceedings are not completed within one year,
the US shall be relieved of any obligation under Section 6.

The constitutionality of Section 6, Article V of the VFA is challenged on two grounds: (1) it nullifies the
exclusive power of the Supreme Court to adopt rules of procedure for all courts in the Philippines; and
(2) it violates the equal protection clause to the extent that it allows the transfer of the custody of an
accused to a foreign power as providing a different rule of procedure for that accused.

Rule on the challenge. (5%)

XII

Section 9 of P.O. No. 1606, as amended, provides that the Sandiganbayan may adopt internal rules
governing the allotment of cases among its divisions, the rotation of justices among them, and other
matters relating to the internal operations of the court.

Section 6 of Article IX-A of the Constitution allows each of the Constitutional Commissions "en bane
[to] promulgate its own rules concerning pleadings and practice before it or before any of its offices.
Such rules however shall not diminish, increase, or modify substantive rights."

Section 16(3) of Article VI of the Constitution states that "Each House may determine the rules of its
proceedings." Section 21, Article VI of the Constitution further provides that "The Senate or the House
of Representatives or any of its respective committees may conduct inquiries... in accordance with its
duly published rules of procedure."

Finally, Section 3(8) of Article XI of the Constitution declares that "The Congress shall promulgate its
rules on impeachment to effectively carry out the purposes of this section."
Are the rules promulgated pursuant to these provisions subject to review and disapproval by the
Supreme Court? (5%)

XIII

PO1 Adrian Andal is known to have taken bribes from apprehended motorists who have violated traffic
rules. The National Bureau of Investigation conducted an entrapment operation where P01 Adrian was
caught red-handed demanding and taking PhP500.00 from a motorist who supposedly beat a red light.

After he was apprehended, PO1 Adrian was required to submit a sample of his urine. The drug test
showed that he was positive for dangerous drugs. Hence, PO1 Adrian was charged with violation of
Section 15, Article II of R.A. No. 9165 or the Comprehensive Dangerous Drugs Act of 2002.

PO1 Adrian argues against the admissibility of the urine test results and seeks its exclusion. He claims
that the mandatory drug test under R.A. No. 9165 is a violation of the accused's right to privacy and
right against self-incrimination.

Are PO1 Adrian's contentions correct? (2.5%)

XIV

Amoroso was· charged with treason before a military court martial. He was acquitted.

He was later charged with the same offense before a Regional Trial Court. He asks that the information
be quashed on the ground of double jeopardy.

The prosecution objects, contending that for purposes of double jeopardy, the military court martial
cannot be considered as a "competent court."

Should the Regional Trial Court grant Amoroso's motion to quash on the ground of double jeopardy?
(2.5%)

XV

Annika sued the Republic of the Philippines, represented by the Director of the Bureau of Plant
Industry, and asked for the revocation of a deed of donation executed by her in favor of said Bureau.
She alleged that, contrary to the terms of the donation, the donee failed to install lighting facilities and
a water system on the property donated, and to build an office building and parking lot thereon, which
should have been constructed and made ready for occupancy on or before the date fixed in the deed
of donation.

The Republic invoked state immunity and moved for the dismissal of the case on the ground that it
had not consented to be sued. Should the Republic's motion be granted? (2.5%)

XVI

Five foreign nationals arrived at the NAIA from Hong Kong. After retrieving their checked-in luggage,
they placed all their bags in one pushcart and proceeded to Express Lane 5. They were instructed to
place their luggage on the examiner's table for inspection.
The examiner found brown-colored boxes, similar in size to powdered milk boxes, underneath the
clothes inside the foreigners' bags. The examiner discovered white crystalline substances inside the
boxes that he inspected and proceeded to bundle all of the boxes by putting masking tape around
them. He thereafter handed the boxes over to Bureau of Customs agents. The agents called out the
names of the foreigners one by one and ordered them to sign their names on the masking tape placed
on the boxes recovered from their respective bags. The contents of the boxes were thereafter
subjected to tests which confirmed that the substance was shabu.

Can the shabu found inside the boxes be admitted in evidence against the five foreigners for the
charge of illegal possession of drugs in violation of the Comprehensive Dangerous Drugs Act of 2002?
(2.5%)

XVII

The police served a warrant of arrest on Ariston who was suspected of raping and killing a female high
school student. While on the way to the police station, one of the police officers who served the warrant
asked Ariston in the local dialect if he really raped and killed the student, and Ariston nodded and said,
"Opo." Upon arriving at the police station, Ariston saw the City Mayor, whom he approached and asked
if they could talk privately. The Mayor led Ariston to his office and, while there in conversation with the
Mayor, Ariston broke down and admitted that he raped and killed the student. The Mayor thereafter
opened the door of the room to let the public and media representatives witness Ariston's confession.
In the presence of the Mayor, the police and the media, and in response to questions asked by some
members of the media, Ariston sorrowfully confessed his guilt and sought forgiveness for his actions.

Which of these extrajudicial confessions, if any, would you consider as admissible in evidence against
Ariston? (5%)

XVIII

Two police teams monitored the payment of ransom in a kidnapping case.

The bag containing the ransom money was placed inside an unlocked trunk of a car which was parked
at the Angola Commercial Center in Mandaluyong City.

The first police team, stationed in an area near where the car was parked, witnessed the retrieval by
the kidnappers of the bag from the unlocked trunk. The kidnappers thereafter boarded their car and
proceeded towards the direction of Amorsolo St. in Makati City where the second police team was
waiting.

Upon confirmation by radio report from the first police team that the kidnappers were heading towards
their direction, the second police team proceeded to conduct surveillance on the car of the kidnappers,
eventually saw it enter Ayala Commercial Center in Makati City, and the police team finally blocked it
when it slowed down. The members of the second police team approached the vehicle and proceeded
to arrest the kidnappers.

Is the warrantless arrest of the kidnappers by the second police team lawful? (5%)
 XIX

President Alfredo died during his third year in office. In accordance with the Constitution, Vice
President Anastasia succeeded him. President Anastasia then nominated the late President Alfredo's
Executive Secretary, Anna Maria, as her replacement as Vice President. The nomination was
confirmed by a majority of all the Members of the House of Representatives and the Senate, voting
separately.

(a) Is Anna Maria's assumption as Vice President valid? (2.5%)

(b) Can Anastasia run as President in the next election? (2.5%)

XX

Andreas and Aristotle are foreign nationals working with the Asian Development Bank (ADS) in its
headquarters in Manila. Both were charged with criminal acts before the local trial courts.

Andreas was caught importing illegal drugs into the country as part of his "personal effects" and was
thus charged with violation of Comprehensive Dangerous Drugs Act of 2002. Before the criminal
proceedings could commence, the President had him deported as an undesirable alien. Aristotle was
charged with grave oral defamation for uttering defamatory words against a colleague at work. In his
defense, Aristotle claimed diplomatic immunity. He presented as proof a communication from the
Department of Foreign Affairs stating that, pursuant to the Agreement between the Philippine
Government and the ADS, the bank's officers and staff are immune from legal processes with respect
to acts performed by them in their official capacity.

(a) Can the President's act of deporting an undesirable alien be subject to judicial review?
(2.5%)

(b) Is Aristotle's claim of diplomatic immunity proper? (2.5%)

 2019

PART I

Note: As stated in the Instructions, Part I covers problem sets labelled A.1. to A.10. All answers to
these questions should be written in Booklet I.

A.1.

Define the following terms:

(a) Jus cogens (2%)

(b) Principle of double criminality (2%)

(c) Act of State doctrine (2%)

(d) Precautionary principle (2%)

A.2.

Under the United Nations Convention on the Law of the Sea (UNCLOS), what are the rights of
the Philippines within the following areas:

(a) Contiguous zone (2%)

(b) Exclusive economic zone (2%)

A.3.

The Humanitarian Services Society (HSS), an international non-government organization, assisted

the displaced families of Tribe X who had to flee their home country in order to escape the
systematic persecution conducted against them by their country’s ruling regime based on their
cultural and religious beliefs. Fearing for their lives, some of these displaced families, with the help of
HSS, were able to sail out into the sea on a boat which eventually landed in Palawan. The Philippine
Coast Guard intended to push back the boat with 15 passengers.

An affiliate of HSS in the Philippines intervened on behalf these displaced families, claiming that they
are refugees under international law and hence, should not be expelled from our territory.

May the displaced families of Tribe X be considered "refugees" under international

law? Explain. (3%)

A.4.

Mrs. W supplies the Philippine National Police (PNP) with uniforms every year. Last month, he and
two (2) other officers of the PNP conspired to execute a "ghost purchase", covered by five (5) checks
amounting to ₱200,000.00 each, or a total of ₱1,000,000.00. An investigating committee within the
PNP, which was constituted to look into it, invited Mrs. W, among others, for an inquiry regarding the
anomalous transaction. Mrs. W accepted the invitation but during the committee hearing, she stated
that she will not answer any question unless she be provided with the assistance of a counsel. The
PNP officials denied her request; hence, she no longer participated in the investigation.

(a) What is a custodial investigation? Under the 1987 Constitution, what are the rights
of a person during custodial investigation? (3%)

(b) Was the PNP’s denial of Mrs. W’s request violative of her right to counsel in the
proceedings conducted before the PNP? Explain.(2%)

A.5.

At about 5:30 A.M. of September 15, 2019 Police Senior Inspector Officer A of the Manila Police
District Station received a text message from an unidentified civilian informer that one Mr. Z would
be meeting up later that morning with two (2) potential sellers of drugs at a nearby restaurant. As
such, Officer A decided to hang around the said place immediately.

At about 9:15 A.M., two (2) male passengers. Named A and Y, who were each carrying a traveling
bag, alighted from a bus in front of the restaurant. A transport barker, serving as a lookout for Officer
A, signaled to the latter that X and Y were "suspicious-looking."

As the two were about to enter the restaurant, Officer A stopped them and asked about the contents
of their bags. Dissatisfied with their response that the bags contained only clothes, Officer A
proceeded to search the bags and found packs of shabu therein. Thus, X and Y were arrested, and
the drugs were seized from them. According to Officer A, a warrantless search was validly made
pursuant to the stop and frisk rule; hence, the consequent seizure of the drugs was likewise valid.

(a) What is the stop and frisk rule? (2.5%)

(b) Was the stop and frisk rule validly invoked by Officer A? If not, what is the effect
on the drugs seized as evidence? Explain. (2.5%)

A.6.

A committee of the Senate invited Mr. X and Mr. Y, the Secretary of Foreign Affairs and Secretary of
Energy, respectively, as resource speakers for an inquiry in aid legislation. Mr. X refused to attend,
arguing that the Senate, not its committee, has the power to compel attendance. Meanwhile, Mr. Y
attended the committee hearing but upon being asked about discussions made during a closed-door
cabinet meeting, he refused to answer invoking executive privilege. The committee members
insisted that Mr. Y answer the question pursuant to the right of Congress to information from the
executive branch.

(a) Based on his argument, is Mr. X’s non-appearance permissible? Explain. (2.5%)

(b) Is Mr. Y’s refusal to answer based on executive privilege valid? Explain. (2.5%)

A.7.
The continuing threat to the security of the State in various parts of the country prompted the
National Security Adviser of the President to adopt a "Comprehensive National Security Strategy
(CNSS)" with the following components:

Component 1: During a state of emergency, the President, in the exercise of his power of general
supervision, may delegate to the heads of local government units (LGUs), through an administrative
issuance, the power to call-out the Armed Forces of the Philippines (AFP) for a more effective and
immediate response to the ground situation; and Component 2: In declaring Martial Law, the
President, in a preemptive action and without waiting for the recommendation of the Secretary of
National Defense and the AFP, may rely upon any intelligence information he may have gathered
through other sources.

Disturbed by the strategy’s supposed infirmities, a concerned citizens’ organization raised the
constitutionality of the two (2) components of the CNSS before the Supreme Court.

(a) Is component 1 of the CNSS constitutional? Explain. (2.5%)

(b) Is component 2 of the CNSS constitutional? Explain. (2.5%)

A.8.

Mayor X and his City Administrator, Y, are political buddies who assumed their respective offices in
2010. Sometime in January 2012, Y proposed to Mayor X the entry into a ₱5,000,000.00 loan
agreement with ABC Foundation, a non-stock and non-profit organization in which the two had a
long-standing personal involvement. The loan agreement was duly executed in the same year but
was never authorized and approved by the Sangguniang Panlungsod. It was further found that the
same constituted a fraudulent scheme to defraud the City Government.

Meanwhile. Mayor X won another term during the May 2013 Elections and Y continued on as his
City Administrator. A year after, or in May 2014, administrative charges for grave misconduct,
serious dishonesty, and conduct prejudicial to the best interest of the service were filed against them
before the Office of the Ombudsman. In defense, Mayor X argued that his subsequent reelection in
May 2013 absolved him from any administrative liability for any alleged anomalous activity during his
first term in office.

Y raised the same defense of condonation, having been retained by Mayor X as City Administrator
for a second term. On December 10, 2015, the Ombudsman rendered its ruling in the case, finding
both Mayor X and Y administratively liable. Citing the Supreme Court’s Decision in Carpio-Morales v.
Court of Appeals (G.R. Nos. 217126-27), which was initially promulgated on November 10, 2015, the
Ombudsman rejected their defense of condonation. With the motions for reconsideration of Mayor X
and Y having been denied by the Ombudsman on March 10, 2016, they elevated thee matter to the
Court of Appeals.

(a) Did the Ombudsman err in not giving credence to the defense of condonation as
raised by Mayor X? explain. (2%)

(b) How about Y? Can he validly invoke the condonation doctrine to absolve him of
the charge? Explain. (3%)

A.9.
The unabated rise of criminality and the reported identification of delinquent children loitering in the
wee hours of the night prompted City Z to implement a curfew ordinance. Minors unaccompanied or
unsupervised on the streets by their parents or guardians between 10:00 P.M. to 5:00 A.M. may be
apprehended by law enforcers subject to certain exclusive exceptions. These exceptions are: 1.
minors running lawful errands, such as buying of medicines, using of telecommunications facilities
for emergency purposes and the like; 2. night school students; and 3. Minors working at night.

Minors apprehended for violation of the curfew ordinance shall be required to undergo counseling,
accompanied by their parents/guardians.

(a) Does the curfew ordinance violative the primary right and duty of parents to rear
their children? Explain. (2.5%)

(b) Does the curfew ordinance infringe any of the minors’ fundamental rights?
Explain. (2.5%)

A.10.

An Information for Estafa was filed against the accused, Mr. D. During the course of the trial, Mr. D
filed a motion to dismiss for failure to prosecute the case for a reasonable length of time. Opposing
the motion, the prosecution argued that its failure to present its witnesses was due to circumstances
beyond its control. Eventually, the trial court dismissed the case with finality on the ground that Mr.
D’s right to speedy trial was violated.

A month after, the same criminal case for Estafa was refilled against Mr. D, prompting him to file a
motion to dismiss invoking his right against double jeopardy. The prosecution opposed the motion,
arguing that the first criminal case for Estafa was dismissed with the express consent of the accused
as it was, in fact, upon his own motion. Moreover, it was already able to secure the commitments of
its witnesses to appear; hence, it would be prejudicial for the State if the case were to be dismissed
without trial.

(a) For double jeopardy to attach, what requisites must exist? (2%)

(b) Rule on Mr. D’s present motion. (3%)

- END OF PART I-

Note: This marks the end of Part I. The forthcoming problem sets will fall under Part II and the
answers therefor should be written in Booklet II.
 PART II

Note: As stated in the Instructions, Part II covers problem sets labelled B.11. to B.20. All answers to
these questions should be written in Booklet II.

B.11.

Atty. G ran for Governor of the Province of Pampanga, while his close friend, Atty. M, ran for Mayor
of the Municipality of Guagua, Pampanga. They both won convincingly. Eventually, the losing
candidates timely filed election protests. The losing gubernatorial candidate, Mr. A, filed his protest
before the Regional Trial Court of Pampanga (RTC), whereas the losing mayoralty candidate, Mr. B,
filed his protest before the Municipal Trial Court of Guagua, Pampanga (MTC).

(a) What are the term limits for the positions of Atty. G and Atty. M? (1%)

(b) Does the RTC have jurisdiction over the case filed by Mr. A? Explain. (2%)

(c) Does the MTC have jurisdiction over the case filed by Mr. B? Explain. (2%)

B.12.

W, the incumbent Congressman of the Province of Albay, decided to run for Governor. He filed his
certificate of candidacy (CoC) for Governor without resigning from his post and continued exercising
his duties as Congressman, such as attending plenary sessions and committee hearings in the
House of Representatives.

One of W’s fiercest critics, X, claimed that W should not be dispensing the functions of a
Congressman since he is deemed ipso facto resigned as such upon his filing of a CoC for Governor
of Albay.

(a) Is X’s argument correct? Explain. (2.5%)

(b) Assuming that W is instead, an incumbent Undersecretary of the Department of

National Defense, what is the effect of the filing of his CoC for the position of
Governor of Albay to said post? Explain. (2.5%)

B.13.

Who are the impeachable officers under the 1987 Constitution? Briefly explain the
process of impeaching them thereunder. (5%)

B.14.

A proposal to change a provision of the 1987 Constitution has been put forth as follows:

Original Text: "The Philippines is a democratic and republican State. Sovereignty resides in
the people and all government authority emanates from them"
 Proposed text: "The Philippines is a democratic and socialist State. Sovereignty resides in
the party and all government authority emanates from it."

(a) Is this an amendment or revision? Explain. (2.5%)

(b) Briefly explain the process to revise the 1987 Constitution. (2.5%)

B.15.

R was elected as Municipal Councilor for three (3) consecutive terms. Before the end of the third
term, Vice Mayor S died, rendering his post vacant. Since R was the highest-ranking Municipal
Councilor, he assumed the office of the Vice Mayor. One of his constituents, T, assailed R’s
assumption of office, arguing that elections should have been conducted to fill in the vacancy
following the death of Vice Mayor S.

(a) Is T’s contention correct? Explain. (2.5%)

(b) Assuming that R validly assumed S’s post, at the end of R’s term as Vice Mayor,
may he run, once more, for the position of Municipal Councilor? Or, is he prescribed
to do so under the Local Government Code? Explain. (2.5%)

B.16.

Under the 1987 Constitution, to whom does each

duty/power/privilege/prohibition/disqualification apply:

(a) The authority to keep the general accounts of the Government and for such period
provided by law, preserve the vouchers and other supporting documents pertaining
thereto. (1%)

(b) The power to allow small-scale utilization of natural resources by Filipino citizens,
as well as cooperative fish farming, with priority to subsistence fishermen and
fishworkers in rivers, lakes, bays, and lagoons. (1%)

(c) The authority to provide for the standardization of compensation of government

officials and employees. (1%)

(d) The sole power to declare the existence of state of war. (1%)

(e) The power to ratify treaties and international agreements. (1%)

B.17.

In 2014, Congress enacted an appropriation law containing a provision that gives individual
legislators the discretion to determine, post-enactment, how much funds would go to a specific
project or beneficiary which they themselves also determine. Consequently, disbursements were
made in the interim pursuant thereto.

Eventually, Mr. Z filed a petition questioning the constitutionality of the statutory provision on the
grounds that it violates the separation of powers principle.
On the other hand, certain Congressman argued that there was nothing wrong with the provision
because, after all, the power to appropriate belongs to Congress.

(a) Rule on the arguments of the parties. (2.5%)

(b) Assuming that the provision is declared unconstitutional, should the

disbursements made pursuant thereto be returned in light of the doctrine of operative
fact? Explain. (2.5%)

B.18.

A was appointed by the President as a Commissioner of the Commission on Election (COMELEC)

while Congress was not in session. Pending confirmation of his appointment by the Commission on
Appointments, A started to perform his official functions in the COMELEC, such as attending en
banc sessions, hearing election protests, signing Resolutions, issuing Orders, and appearing before
Congress during budget hearings.

Atty. B questioned before the Supreme Court the exercise of official functions by A, stating that
his ad interimappointment is not a permanent appointment but a temporary one pending
confirmation by the Commission on Appointments, and thus, prohibited under Article IX-C of the
1987 Constitution which states that "[i]n no case shall any Member [of the COMELEC] be appointed
or designated in a temporary or acting capacity."

(a) Is Atty. B’s contention correct? Explain. (2.5%)

(b) If the Commission on Appointments by-passed the confirmation of A, can he still

be reappointed by the President? Explain. (2.5%)

B.19.

Candidate X, a naturalized Filipino citizen, ran for Congressman for the Lone District of Batanes.
After a close electoral contest, he won by a slim margin of 500 votes. His sole opponent, Y, filed an
election protest before the Commission on Election (COMELEC), claiming that X should be
disqualified to run for said position because he is not a natural-born citizen. While the case was
pending, X was proclaimed by the Provincial Election Supervisor of Batanes as the duly elected
Congressman of the province.

(a) Distinguish between natural-born and naturalized citizen under the 1987
Constitution, (2%)

(b) Is X qualified to run for Congress? Explain. (1%)

(c) Did X’s proclamation divest the COMELEC of its jurisdiction to decide the case and
vest the House of Representatives Electoral Tribunal (HRET) jurisdiction to hear the
case? Explain. (2%)

B.20.

H, a naturalized American citizen who later became a dual citizen under Republic Act No. 9225 (the
Citizenship Retention and Re-acquisition Act), decided to run for Congress and thus, filed a
certificate of candidacy (CoC). A citizen argued that H is ineligible for the position because of his
status as a dual citizen. H responded that his act of filing a CoC amounted to his renunciation of
foreign citizenship, rendering him eligible for the position.

(a) Was H’s filing of a CoC sufficient to renounce foreign citizenship? Explain. (2.5%)

(b) Assuming that H is a dual citizen because his parents are Filipino citizens and he
was born in California, USA, was filing of a CoC sufficient to renounce his foreign
citizenship? Explain. (2.5%)