Thursday, October 18, 2012

bar 2012 questions


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 Jssential parts of a Constitution are:
a)  the bill of rights,  governmental organization and functions,  and
method of  amendment;
b)  the preamble, t~e 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 selfexecutory. This is so because it requires:
a)  an implementing resolution from the COMELEC ;
b)  an  implementing resolution from the Supreme Court;
c)  an  implem¢nting legislation;
d)  an  implementing resolution from the party-list representatives 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 where the proposal
emanates;
b)  at least 3% of the registered voters of each province and  12°/o of the
total number of registered voters nationwide;
c)  at least 3°/o  of the registered voters of each district and  12°/o  of the
total number of registered voters nationwide; IPolitical Law  Page 3 of23
d)  more than 3°/o  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:
1
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 judicially 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. I Political Law  Page 4 of23  J
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 ~hall 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 ~he 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 a 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 I Political Law  Page 5 of23
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 1of 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 controls;
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)  gerrymand~ring;
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; lPolitical Law  Page 6 of23
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 Senate~ 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 cou~;
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 a 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 ensuing fiscal  year,  the
general appropriations law for the preceding fiscal year shall  be
deemed:
a)  referred;
b)  unacted; IPolitical Law  Page 7 of23  I
c)  refilled;
d)  re-enacted.
23.  Provisions unrelated to an  appropriation bill are considered
prohibited. These are called:
1
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 vetb;
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  bane,  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 therepn;
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 (Political Law  Page 8 of23
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 tb challenge the governmental act.
30.  Congressman Sugar 011  authored a bill called House Bill No.  0056
which legalizes jueteng. When the Bill became law (RA 1 0156),  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 citizenship 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  re$olution  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
potentiality  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. IPolitical Law  Page 9 of23  I
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 ~ower;
d)  power to declare martial law.
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 th~ 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. I Political Law  Page 10 of23
Dismissal granted;
d)  Pot is accused before the RTC of qualified theft. After innumerable
postponements against Pot's wish1es,  the prosecutor moves for
dismissal over the objections of Pot. Granted.
37.  Under Article Ill, 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 lib~rty.
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.  M~yor 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 a 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;
1 ~fo_liti_cai_La_w ______ :~-~=-~-===  ---~------P~a~_e_1_1o_f2~3
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 recogn1zed  limitation to the right to information
on  matters 1of 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.  Wh1ch  one of the followmg 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 oust the owner of all  beneficial ownership.
43.  Market value for purposes of determining just compensation in
eminent ddmain has been described as the fair value of property:
a)  between one who desires to purchase and one who 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  Ill,  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 ir,Jvestigation;
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 I Political Law  Page 12 of23
strong;
c)  offenses punish.able 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.
I
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 unqualifiedly 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: IPolitical Law  Page 13 of23
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
constitutior,al 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:
I
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: I Political Law  Page 14 of 23  J
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 Constitution, local government can only be:
a)  an  imperuim in  imperio;
b)  an infra-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 one is NOT an impeachable public officer:
a)
b)
c)
d)
60.
a)
b)
c)
d)
61.
a justice of the Supreme Court;
a commissioner of the Comelec;
the administrator of the Supreme Court;
the Ombudsman.
Which has the exclusive power to initiate all cases of impeachment:
the Senate;
the House of Representatives;
the Senate President;
the Speaker of the House of Representatives.
At  least  ,one-third  of  all  the  members  of  the  House  of IPolitical Law  Page 15 of23
Representatives may file articles of impeachment by:
a)  verified bill and resolution;
b)  verified complaint and resolution;
c)  verified notke 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)  neverthele~s be immune 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 acc.ording 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 meahs:
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: IPolitical Law  Page 16 of23
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 Repre.sentatives;
b)  Senate;
c)  Central Bank;
d)  Monetary Board.
69.  Bona  fide  associations  of  citizens  which  demonstrate  capacity  to
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 I Political Law  Page 17 of23  I
72.  Academic freedom shall be enjoyed:
a)  in  all  public institutions;
b)  in  all elementary and high schools;
c)  in  all  schoo'ls;
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 jurisj
c)  JUS  cogens;
d)  jus cogentus.
75.  In  international law,  the status of an  entity as a State is accepted by
other States th~ough this  act.  !t  is  the "act  by  which  another State
acknowledges  that  the  political  entity  recognized  possesses  the
attributes of statehood."
a)  access1on;
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 orljer 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  part of municipal  law and  are to  be enforced  as I Political Law  Page 18 of23
such,  without regard  as to whether they are enacted  as statutory or
legislative rules or not:
a)  access1on;
b)  incorporation;
c)  accretion;
d)  adoption.
78.  Under the United Nations Conference of the Law of the Sea
(UNCLOS), the extent of the contiguos zone is:
a)  3 nautical miles from the lowest water mark;
b)  12 miles frdm 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 ordinanc.e 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 (RPC).  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 Ill
only contemplates conviction or acquittal which could terminate a I Political Law  Page 19 of23  J
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 I Political Law  Page 20 of23
interested  parti.es 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 aff;xd  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:
1
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 the 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, $hall be final. I Political Law  Page 21  of 23  I
90.
a)
b)
c)
d)
91.
a)
b)
c)
d)
92.
a)
b)
c)
d)
93.
a)
b)
c)
d)
94.
a)
b)
c)
d)
The right of the accused to be informed is violated if:
he was accused of killing his wife by strangulation but it was proven
that his wife died of poisoning;
it was proven that he killed somebody on a date different from the
one alleged in the information;
he was charged with parricide but was convicted of murder,  because
it turned out that he and the victim were not married;
the accused was charged with commission of acts of lasciviousness
and was convicted of unjust vexation.
A criminal statute that "fails to give a person of  ordinary intelligence
fair notice that his contemplated conduct is forbidden by statute" is:
void for fair notice;
void for arbitrariness;
void for vagueness;
void conclusively.
"_~hilli_ng ef(ect'_'  is a concept used in the area of constitutional
llt1gatron affectmg:  ·
protected speech;
protected executive privilege;
protected legislative discretion;
protected judicial discretion.
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:
public figure;
celebrity;
public official;
de facto public officer.
I
Which one of the following is not a proper test in cases of challenges
to governmental acts that may violate protected speech:
clear and present danger;
balancing of interests;
reasonable relation;
dangerous tendency. ._(Po_litic_al L_aw_=--~ =-=~ ::~~~=--~  =, ==~ .  Page 22 of23
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 cornpar·ed to ot:··1er  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 1t  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  a 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 ne~d 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; J Political Law  Page 23 of23
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:
"Court: --to the accused:  Q:  "Do you have an attorney or are you
going to plead 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 ~he witness;
c)  be informed of the charge;
d)  be heard.
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THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO THE
HEAD WATCHER. 2012 BAR EXAMINATIONS
POLITICAL AND INTERNATIONAL LAW
7 October 2012
ESSAY-TYPE QUESTIONS
INSTRUCTIONS
10 A.M. -12 NN.
The  following  questionnaire  consists  of  ten  ( 1 0)  questions
(numbered I to X) contained in  FIVE (5) pages.
Begin your answer to  each numbered question on a separate page;
an  answer  to  a  sub-question/s  under  the  same  number  may  be
written  continuously on the same page and succeeding pages until
completed.
Answer  the  question  directly  and  concisely.  Do  not  repeat  the
question.  Write legibly.
HAND IN YOUR NOTEBOOK.  THERE IS NO NEED TO
RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.
GOOD LUCK!!!
Chairperson --
2012 Bar Examinations Committee
PLEASE  CHECK  THAT  THIS  SET  CONTAINS  SIX  (6)  PAGES
(INCLUDING THIS PAGE).
WARNING:  NOT FOR SALE OR UNAUTHORIZED USE I Political Law
-
Page 2 of 61
I.
Mr.  Violet was convicted by the RTC of Estafa. On appeal,  he filed with the
Court  of Appeals  a  Motion  to  Fix  Bail  for  Provisional  Liberty  Pending  Appeal.
The  Court  of Appeals  granted  the  motion  and  set  a  bail  amount  in  the  sum  of
Five  (5)  Million  Pesos,  subject  to  the  conditions  that  he  secure  "a
certification/guaranty from  the  Mayor of the  place  of his  residence  that  he  is  a
resident  of the  area  and  that  he will  remain  to  be  a  resident  therein  until  final
judgment  is  rendered 'Or  in  case  he  transfers  residence,  it  must  be  with  prior
notice to  the  court".  Further,  he  was  ordered  to  surrender  his  passport to  the
Division Clerk of Court for safekeeping until the court orders its return.
a.  Mr. Violet challenges the conditions imposed by the Court of Appeals
as violative of his liberty of abode and right to travel.  Decide with
reasons.  (5°/o)
b.  Are "liberty of abode" and "the right to travel" absolute rights?
Explain.  What are the respective exception/s to each right if any?
(5°/o)
II.
A  verified  impeachment  complaint  was  filed  by  two  hundred  (200)
Members  of the  House  of Representatives  against Madam  Chief Justice  Blue.
The complaint was imrhediately transmitted to the Senate for trial.
a.  Madam Chief Justice Blue challenges such immediate transmittal to
the Senate because the verified complaint was  1) not included in the
order of business of the House,  2) was not referred to the House
Committee on Justice for hearing and consideration for sufficiency in
form and substance, and  3) was not submitted to the House Plenary
for consideration as enumerated in Paragraph (2),  Section 3, Article
XI  of the 1987 Constitution.  Decide with reasons. (5°/o)
b.  What is the purpose of Impeachment?  Does conviction
prevent further prosecution and punishment?  Explain. (3°/o)
c.  Enumerate the grounds for impeachment.  Is graft and corruption a
ground for impeachment? (2°/o)
Ill.
Mr.  Brown,  a  cigarette  vendor,  was  invited  by  P01  White  to  a  nearby
police  station.  Upon  arriving  at  the  police  station,  Brown  was  asked  to  stand
side-by-side with  five (5) other cigarette vendors  in  a police line-up.  P01  White Page 3 of61
informed  them  that  ~hey  were  looking  for  a  certain  cigarette  vendor  who
snatched  the  purse  of a  passer-by  and  the  line-up  was  to  allow  the  victim  to
point  at  the  vendor who  snatched  her  purse.  No  questions  were  to  be  asked
from the vendors.
a.  Brown, afraid of a
11
Set up" against him,  demanded that he be
allowed to secure his lawyer and for him to be present during the
police line-up.  Is Brown entitled to counsel?  Explain (5°/o)
b.  Would the answer in (a.) be the same if Brown was specifically
invited by White  because an  eyewitness to the crime identified him
as the perpetrator?  Explain.  (3°/o)
c.  Briefly enumerate the so-called "Miranda Rights". (2°/o)
IV
Mr.  Yellow  and  Mr.  Orange  were  the  leading  candidates  in  the  vicepresidential  elections.  After the  elections,  Yellow emerged  as the winner by  a
slim  margin  of  100,000  votes.  Undaunted,  Orange  filed  a  protest  with  the
Presidential  Electoral  Tribunal  (PET).  After due  consideration  of the  facts  and
the  issues,  the  PET ruled  that Orange was the  real  winner of the elections and
ordered his immediate proclamation.
a.  Aggrieved, Yellow filed with the Supreme Court a Petition for
Certiorari challenging the decision of the PET alleging grave abuse
of discretion.  Does the Supreme Court have jurisdiction? Explain.
(3°/o)
b.  Would the answer in (a.) be the same if Yellow and Orange were
contending for a senatorial slot and it was the Senate Electoral
Tribunal (SET) who issued the challenged ruling? (3°/o)
c.  What is the composition of the PET? (2.%)
d.  What is judicial power? Explain Briefly. (2°/o)
v
Judge  Red  is the  Executive  Judge  of Green  City.  Red  is  known  to  have
corrupt tendencies and  has a reputation widely known among practicing lawyers
for accepting  bribes.  Ombudsman  Grey,  wishing  to "clean  up" the government
from  errant public officials,  initiated  an  investigation  on  the alleged  irregularities
in the performance of duties of Judge Red.
a.  Judge Red refused to recognize the authority of the Office of the IPolitical Law  Page 4 of61
Ombudsman over him because according to him,  any administrative
action against him or any court official or employee falls under the
exclusive jurisdiction of the Supreme Court.  Decide with reasons.
(5%)'
b.  Does the Ombudsman have authority to conduct investigation over
crimes or offenses committed by public officials that are NOT in
connection or related at all to the official's discharge of his duties and
functions? j::xplain.  (3°/o)
c.  Who are required  by the Constitution to submit a declaration under
oath of his assets,  liabilities,  and net worth? (2°/o)
VI.
President  Black  of  the  Republic  of  Pasensya  (RP)  had  a  telephone
conversation with President Blue of the People's Republic of Conquerors (PRC).
In  that  conversation,  both  leaders  agreed  that  they  will  both  pull-out  all  their
vessels,  civilian  or otherwise,  sea crafts and  other ships from the hotly disputed
Kalmado  Shoal  area  within  eight (8)  days  in  order to  de-escalate the  situation.
After eight days,  all  RP  ships and  vessels have left the area.  However,  several
military and  civilian  ships carrying the PRC flag  remained  in  the area and  began
construction  of  a  dock  that  could  provide  fuel  and  other  supplies  to  vessels
passing by.
a.  Assuming that President Black and President Blue both had full
capacity to represent their states and negotiate with each other
under their respective systems of government, and further assuming
that both  leaders acknowledge the existence of the conversation,  is
the verbal agreement via telephone binding under international law?
Explain. (5°/o)
b.  Assuming the answer to (a.) is in the affirmative, does that
agreement constitute a Treaty under the  1969 Vienna Convention on
the Law on Treaties? (2°/o)
c.  What are the sources of International Law? (2%)
d.  What is opinio juris in  International Law? (1 °/o)
VII.
Mayor  Pink  is  eyeing  re-election  in  the  next  mayoralty  race.  It  was
common  knowledge  in  the  town  that  Mayor Pink  will  run  for re-election  in  the
coming  elections.  The  deadline  for filing  of Certificate  of Cadidacy  (CoC)  is  on
March  23 and  the  campaign  period  commences the following  day.  One month I Political Law  Page 5 of61
before the deadline, Pink has yet to file her CoC,  but she has been going around
town  giving  away  sacks  of  rice  with  the  words  "Mahal  Tayo  ni  Mayor  Pink"
printed  on  them,  holding  public  gatherings  and  speaking  about  how  good  the
town  is  dping,  giving  away  pink  t-shirts  with  ;'Kay  Mayor Pink Ako"  printed  on
them.
a.  Mr.  Green is the political opponent of Mayor Pink.  In April,  noticing
that Mayor Pink had gained advantage over him because of her
activities  before the campaign period,  he filed a petition to
disqualify Mayor Pink for engaging in an election campaign outside
the designated period.
a.1. Which is the correct body to rule on the matter? Comelec
en bane,  or Co melee division? Answer with reasons.  (2°/o)
a.2. Rule on the petition. (5°/o)
I
b.  Distinguish briefly between Quo Warranto in elective office and
Quo Warranto in appointive office. (3°/o)
VIII.
a.  What is the doctrine of "overbreath"?  In what context can it be
correctly applied?  Not correctly applied? Explain (5°/o)
b.  What is the doctrine of "void for vagueness"? In what context
. can it be correctly applied?  Not correctly applied? Explain
(5o/o)
IX.
In  a  protest rally'along  Padre Faura Street,  Manila,  Pedrong  Pula took up
the stage and began shouting "kayong mga kurakot kayo!  Magsi-resign na kayo!
Kung hindi, manggugulo kami dito!" ("you corrupt officials,  you better resign now,
or else we  will  cause trouble  here!")  simultaneously,  he  brought out a  rock the
size  of  a· fist  and  pretended  to  hurl  it  at  the  flagpole  area  of  a  government
building.  He did not actually throw the rock.
a.  Police officers who were monitoring the situation immediately
approached Pedrong Pula and arrested him.  He was prosecuted for
seditious speech and was convicted.  On appeal, Pedrong Pula
argued he was merely exercising his freedom of speech and
freedom of expression guaranteed by the Bill of Rights.  Decide with
reasons.  (So/o)
b.  What is "commercial speech"?  Is it entitled to constitutional I Political Law  Page 6 of 61
protection?  What must be shown in  order for government to curtail
"commercial speech"?  Explain.  (3%)
c.  What are the two (2) basic prohibitions of the freedom of speech and
of the press clause? Explain. (2%)
X.
a.  What do you  understand by the term "heirarchy of civil liberties"?
Explain. (5%)
b.  ·  Distinguish fully between the "free exercise of religion clause" and
the "non-establishment of religion clause".  (3%)
c.  When can  evidence "in  plain view" be seized without need of a
search warrant? Explain. (2%)
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