2006 bar questions

- I -

1. What do you mean by the "Calling-out Power" of the President under Section 18, Article VII of the Constitution? 5%
2. On February 24, 2006, President Gloria Macapagal-Arroyo issued Proclamation No.1017 declaring a state of national emergency. Is this Proclamation constitutional? Explain. 2.5%
3. During the effectivity of this Proclamation, Gener, Lito, and Bong were arrested by the police for acts of terrorism. Is the arrest legal? Explain. 2.5%

- II -

The Samahan Ng Mga Mahihirap (SM) filed with the Office of the City Mayor" of Manila an application for a permit to hold a rally on Mendiola Street on September 5, 2006 from 10:00 a.m. to 3:00 p.m. to protest the political killings of journalists. However, the City Mayor denied their application on the ground that a rally at the time and place applied for will block the traffic in the San Miguel and Quiapo Districts. He suggested the Liwasang Bonifacio, which has been designated a Freedom Park, as venue for the rally.

1. Does the SM have a remedy to contest the denial of its application for a permit? 2.5%
2. How should a wage distortion be settled?
3. Does the availability of a Freedom Park justify the denial of SM's application for a permit? 2.5%
4. Assuming that despite the denial of SM's application for a permit, its members hold a rally, prompting the police to arrest them. '- Are the arrests without judicial warrants lawful? 2.5%

- III -

The President issued Proclamation No.1018 placing the Philippines under Martial Law on the ground that a rebellion staged by lawless elements is endangering the public safety .Pursuant to the Proclamation, suspected rebels were arrested and detained and military tribunals were set up to try them. Robert dela Cruz, a citizen, filed with the Supreme Court a petition questioning the validity of Proclamation No.1018.

1. Does Robert have a standing to challenge Proclamation No.1018? Explain. 2.5%
2. In the same suit, the Solicitor General contends that under the Constitution, the President as Commander-in-Chief, determines whether the exigency has arisen requiring the exercise of his power to declare Martial Law and that his determination is conclusive upon the courts. How should the Supreme Court rule? 2.5%
3. The Solicitor General argues that, in any event, the determination of whether the rebellion poses dangers to public safety involves a question of fact and the Supreme Court is not a trier of facts. What should be the ruling of the Court? 2.5%
4. Finally, the Solicitor General maintains that the President reported to Congress such proclamation of Martial Law, but Congress did not revoke the proclamation. What is the effect of the inaction of Congress on the suit brought by Robert to the Supreme Court? 2.5%

- IV -

State whether or not the following laws are constitutional. Explain briefly.

1. A law prohibiting Chinese citizens from engaging in retail trade. 2%
2. A law denying persons charged with crimes punishable by reclusion perpetua or death the right to bail. 2%
3. A law fixing the terms of local elective officials, other than barangay officials, to 6 years. 2%
4. A law changing the design of the Philippine flag. 2%
5. A law creating a state corporation to exploit, develop, and utilize compressed natural gas. 2%

- V -

1. What is the function of the Senate Electoral Tribunal and the House of Representatives Electoral Tribunal? 2.5%
2. What is the composition of each? 2.5%
3. Differentiate an election protest from an action for quo warranto. 2.5%
4. What is a quasi-judicial body or agency? 2.5%

- VI -

1. a) What is the principal identifying feature of a presidential form of government? Explain. 2.5%
   
   b) What are the essential characteristics of a parliamentary form of government? 2.5%
2. What Constitutional provisions institutionalize the principle of civilian supremacy? 2.5%
3. Does a Permit to Carry Firearm Outside Residence (PTCFOR) constitute a property right protected by the Constitution? 2.5%

- VII -

Select the best answer and explain.

1. An accused's right against self-incrimination is violated in the following cases: 5%
1. When he is ordered by the trial court to undergo a paraffin test to prove he is guilty of murder;
2. When he is compelled to produce his bankbooks to be used as evidence against his father charged with plunder;
3. When he is ordered to produce a sample of his handwriting to be used as evidence that he is the author of a letter wherein he agreed to kill the victim;
4. When the president of a corporation is subpoenaed to produce certain documents as proofs he is guilty of illegal recruitment.
2. The legislature may abolish this body: 5%
1. Commission on Appointments
2. Ombudsman
3. Judicial and Bar Council
4. Court of Tax Appeals
5. Commission on Audit

- VIII -

1. Atty. Emily Go, a legitimate daughter of a Chinese father and a Filipino mother, was born in 1945. At 21, she elected Philippine citizenship and studied law. She passed the bar examinations and engaged in private practice for many years. The Judicial and Bar Council nominated her as a candidate for the position of Associate Justice of the Supreme Court. But her nomination is being contested by Atty .Juris Castillo, also an aspirant to the position. She claims that Atty. Emily Go is not a natural-born citizen, hence, not qualified to be appointed to the Supreme Court. Is this contention correct? 5%
2. Atty. Richard Chua was born in 1964. He is a legitimate son of a Chinese father and a Filipino mother. His father became a naturalized Filipino citizen when Atty .Chua was still a minor . Eventually, he studied law and was allowed by the Supreme Court to take the bar examinations, subject to his submission to the Supreme Court proof of his Philippine citizenship. Although he never complied with such requirement, Atty. Chua practiced law for many years until one Noel Eugenio filed with the Supreme Court a complaint for disbarment against him on the ground that he is not a Filipino citizen. He then filed with the Bureau of Immigration an affidavit electing Philippine citizenship. Noel contested it claiming it was filed many years after Atty. Chua reached the age of majority. Will Atty. Chua be disbarred? Explain. 5%

- IX -

1. Where is the seat of the International Court of Justice? 1%
2. How many are its members? 1 %
3. What is the term of their office? 1 %
4. Who is its incumbent president? 1 %
5. What is his/her nationality? 1 %
6. In 1980, the United States filed with the International Court of Justice a complaint against Iran alleging that the latter is detaining American diplomats in violation of International Law. Explain how the International Court of Justice can acquire jurisdiction over these contending countries. 5%

- X -

1. How is state sovereignty defined in International Law? 2.5%
2. Is state sovereignty absolute? 2.5%
3. What is the principle of auto-limitation? 2.5%
4. What is the relationship between reciprocity and the principle of auto-limitation? 2.5%

NOTHING FOLLOWS.

2007 bar questions

INSTRUCTION: YOU WILL BE GIVEN CREDIT FOR YOUR KNOWLEDGE OF LEGAL DOCTRINE AND FOR THE QUALITY OF YOUR LEGAL REASONING.

- I -
(10 POINTS)

True or False. Briefly explain your answer.

1. For purposes of communication and instruction! the official languages of the Philippines, until otherwise provided by law, are Filipino and English.
2. The 1987 Constitution has increased the scope of academic freedom recognized under the previous Constitution.

- II -
(10 POINTS)

The City Mayor issues an Executive Order declaring that the city promotes responsible parenthood and upholds natural family planning. He prohibits all hospitals operated by the city from prescribing the use of artificial methods of contraception, including condoms, pills, intrauterine devices and surgical sterilization. As a result, poor women in his city lost their access to affordable family planning programs. Private clinics! however, continue to render family planning counsel and devices to paying clients.

1. Is the Executive Order in any way constitutionally infirm? Explain.
2. Is the Philippines in breach of any obligation under international law? Explain.
3. May the Commission on Human Rights order the Mayor to stop the implementation of the Executive Order? Explain.

- III -
(10 POINTS)

Lawrence is a Filipino computer expert based in Manila who invented a virus that destroys all the files stored in a computer. Assume that in May 2005, this virus spread all over the world and caused $50 million in damage to property in the United States, and that in June 2005, he was criminally charged before United States courts under their anti-hacker law. Assume that in July 2005, the Philippines adopted its own anti-hacker law, to strengthen existing sanctions already provided against damage to property. The United States has requested the Philippines to extradite him to US courts under the RP-US Extradition Treaty.

1. Is the Philippines under an obligation to extradite Lawrence? State the applicable rule and its rationale.
2. Assume that the extradition request was made after the Philippines adopted its anti-hacker legislation. Will that change your answer?

- IV -
(10 POINTS)

In 1993, historians confirmed that during World War II, "comfort women" were forced into serving the Japanese military. These women were either abducted or lured by false promises of jobs as cooks or waitresses, and eventually forced against their will to have sex with Japanese soldiers on a daily basis during the course of the war, and often suffered from severe beatings and venereal diseases. The Japanese government contends that the "comfort stations" were run as "onsite military brothels" (or prostitution houses) by private operators, and not by the Japanese military. There were many Filipina "comfort women."

1. Name at least one basic principle or norm of international humanitarian law that was violated by the Japanese military in the treatment of the "comfort women."
2. The surviving Filipina "comfort women" demand that the Japanese government apologize and pay them compensation. However, under the 1951 San Francisco Peace Agreement -the legal instrument that ended the state of war between Japan and the Allied Forces -all the injured states, including the Philippines, received war reparations and, in return, waived all claims against Japan arising from the war. Is that a valid defense?
3. The surviving Filipina "comfort women" sue the Japanese government for damages before Philippine courts. Will that case prosper?

- V -
(10 POINTS)

The Destilleria Felipe Segundo is famous for its 15-year old rum, which it has produced and marketed successfully for the past 70 years. Its latest commercial advertisement uses the line: "Nakalikim ka na ba ng kinse anyos?" Very soon, activist groups promoting women's and children's rights were up in arms against the advertisement.

1. All advertising companies in the Philippines have formed an association, the Philippine Advertising Council, and have agreed to abide by all the ethicalguidelines and decisions by the Council. In response to the protests, the Council orders the pull-out of the "kinse anyos" advertising campaign. Can Destilleria Felipe Segundo claim that its constitutional rights are thus infringed?
2. One of the militant groups, the Amazing Amazonas, call on all government-owned and controlled corporations (GOCC) to boycott any newspaper, radio or TV station that carries the "kinse anyos" advertisements. They call on all government nominees in sequestered corporations to block any advertising funds allocated for any such newspaper, radio or TV station. Can the GOCCs and sequestered corporations validly comply?

- VI -
(10 POINTS)

True or False. Briefly explain your answer.

1. An amendment to the Constitution shall be valid upon a vote of three-fourths of all the Members of the Congress.
2. All public officers and employees shall take an oath to uphold and defend the Constitution .

- VII -
(10 POINTS)

Batas Pambansa 880, the Public Assembly Law of 1985, regulates the conduct of all protest rallies in the Philippines.

1. Salakay, Bayan! held a protest rally and planned to march from Quezon City to Luneta in Manila. They received a permit from the Mayor of Quezon City, but not from the Mayor of Manila. They were able to march in Quezon City and up to the boundary separating it from the City of Manila. Three meters after crossing the boundary, the Manila Police stopped them for posing a danger to pubHc safety. Was this a valid exercise of police power?
2. The security police of the Southern Luzon Expressway spotted a caravan of 20 vehicles, with paper banners taped on their sides and protesting graft and corruption in government. They were driving at 50 kilometers per hour in a 40-90 kilometers per hour zone. Some banners had been blown off by the wind, and posed a hazard to other motorists. They were stopped by the security police. The protesters then proceeded to march instead, sandwiched between the caravan vehicles. They were also stopped by the security force. May the security police validly stop the vehicles and the marchers?

- VIII -
(10 POINTS)

The Provincial Governor of Bataan requested the Department of Budget and Management (DBM) to release its Internal Revenue Allocation (IRA) of P100 million for the current budget year. However, the General Appropriations Act provided that the IRA may be released on Iy if the province meets certain conditions as determined by an Oversight Council created by the President.

1. Is this requirement valid?
2. The Provincial Governor is a party-mate of the President. May the Bataan Representative instead file a petition to compel the DBM to release the funds?

- IX -
(10 POINTS)

The Department of Education (DepEd) requires that any school applying for a tuition fee increase must, as a condition for the increase, offer full tuition scholarships to students from low-income families. The Sagrada Familia Elementary School is a Catholic school and has applied for a tuition fee increase. Under this regulation by the DepEd, it will end up giving tuition scholarships to a total of 21 students next year. At a cost of P50,OOO per student, the school will lose a total of P1.05 million for next year.

1. Is this DepEd requirement valid?
2. If instead the DepEd requires a full tuition scholarship for the highest ranking students in each grade, determined solely on the basis of academic grades and rank, will the DepEd requirement be valid?

- X -
(10 POINTS)

The Supreme Court has provided a formula for allocating seats for party-list representatives.

1. The twenty percent allocation - the combined number of all party-Iist congressmen shall not exceed twenty percent of the total membership of the House of Representatives, including those elected under the party list;
2. The two percent threshold - only those parties garnering a minimum of two percent of the total valid votes cast for the party-list system are "qualified" to have a seat in the House of Representatives;
3. The three-seat limit - each qualified party, regardless of the number of votes it actually obtained, is entitled to a maximum of three seats; that is, one "qualifying" and two additional seats; and
4. The first-party rule - additional seats which a qualified party is entitled to shall be determined in relation to the total number of votes garnered by the party with the highest number of votes.

For each of these rules, state the constitutional or legal basis, if any, and the purpose.

NOTHING FOLLOWS.

2008 bar questions

1. The legal yardstick in determining whether usage has become customary international law is expressed in the maxim opinio juris sive necessitatis or opinio juris for short. What does the maxim mean? (3%)
2. Under international law, differentiate "hard law" from "soft law".(3%)

- II -

May a treaty violate international law? If your answer is in the affirmative, explain when such may happen. If your answer is in the negative, explain why. (5%)

- III -

The President alone without the concurrence of the Senate abrogated a treaty. Assume that the other country-party to the treaty is agreeable to the abrogation provided it complies with the Philippine Constitution. If a case involving the validity of the treaty abrogation is brought to the Supreme Court, how should it be resolved? (6%)

- IV -

Congress passed a law authorizing the National Housing Authority (NHA) to expropriate or acquire private property for the redevelopment of slum areas, as well as to lease or resell the property to private developers to carry out the redevelopment plan. Pursuant to the law, the NHA acquired all properties within a targeted badly blighted area in San Nicolas, Manila except a well-maintained drug and convenience store that poses no blight or health problem itself. Thereafter, NHA sold all the properties it has thus far acquired to a private realty company for redevelopment. Thus, the NHA initiated expropriation proceedings against the store owner who protested that his property could not be taken because it is not residential or slum housing. He also contended that his property is being condemned for a private purpose, not a public one, noting the NHA`s sale of the entire area except his property to a private party. If you were the judge, how would you decide the case? (6%)

- V -

Having received tips the accused was selling narcotics, two police officers forced open the door of his room. Finding him sitting partly dressed on the side of the bed, the officers spied two capsules on a night stand beside the bed. When asked, " Are these yours?", the accused seized the capsules and put them in his mouth. A struggle ensued, in the course of which the officer pounced on the accused, took him to a hospital where at their direction, a doctor forced an emetic solution though a tube into the accused's stomach against his will. This process induced vomiting. In the vomited matter were found two capsules which proved to contain heroin. In the criminal case, the chief evidence against the accused was the two capsules.

1. As counsel for the accused, what constitutional rights will you invoke in his defense? (4%)
2. How should the court decide the case? (3%)

- VI -

The Philippine National Police (PNP) issued a circular to all its members directed at the style and length of male police officers' hair, sideburns and moustaches, as well as the size of their waistlines. It prohibits beards, goatees and waistlines over 38 inches, except for medical reason. Some police officers questioned the validity of the circular, claiming that it violated their right to liberty under the Constitution. Resolve the controversy. (6%)

- VII -

JC, a major in the Armed Forces of t\he Philippine, is facing prosecution before the Regional Trial Court of Quezon City for the murder of his neighbor whom he suspected to have molested his (JC's) 15-year old daughter.

1. Is JC entitled to bail? Why or why not? (3%)
2. Assume that upon being arraigned, JC entered a plea of guilty and was allowed to present evidence to prove mitigating circumstances. JC then testified to the effect that he stabbled the deceased in self-defense beacause the latter was strangling him and that he voluntarily surrendered to the authorities. Subsequently, the trial court rendered a decision acquittal violate JC's right against double jeopardy? Why or why noy? (3%)

- VIII -

ST, a Regional Trial Court judge who falsified his Certificate of Service, was found liable by the Supreme Court for serious misconduct and inefficiency, and meted the penalty of suspension form office for 6 months. Subsequently, ST filed a petition for executive clemency with the Office of the President. The Executive Secretary, acting on said petition issued a resolution granting ST executive clemency. Is the grant of executive clemency valid? Why or why not? (6%)

- IX -

Abdul ran and won in the May 2001, 2004 and 2007 elections for Vice-Governor of Tawi-Tawi. After being proclaimed Vice-Governor in the 2004 elections, his opponent, Khalil, filed an election protest before the Commission on Election. Ruling with finalty on the protest, the COMELEC declared Khalil as the duly elected Vice-Governor though the decision was promulgated only in 2007, when Abdul had fully served his 2004-2007 term and was in fact already on his 2007-2010 term as Vice Governor.

1. Abdul now consults you if the can still run for Vice-Governor of Tawi-Tawi in the forthcoming May 2010 election on the premise that he could not be considered as having served as Vice-Governor from 2004-2007 because he was not duly elected to the post, as he assumed office merely as a presumptive winner and that presumption was later overturned when COMELEC decided with finality that had lost in the May 2004 elections. What will be your advice? (3%)
2. Abdul also consults you whether his political party can validly nominate his wife as subtitute candidate for Vice-Mayor of Tawi-Tawi in May 2010 elections in case the COMELEC disqualifies him and denies due course to or cancels his certificate of candidacy in view of a false material representation therein.What will be your advice? (3%)

- X -

The 1st Legislative District of South Cotabato is composed of General Santos and three municipalities including Polomolok. During the canvassing proceedings before the District Board of Canvassers in connection with the 2007 congressional election, candidate MP objected to the certificate pf canvass for Polomolok on the ground that it was obviously manufactured, submitting as evidence the affidavit of a mayoralty candidate of Polomolok. The certificate of canvass for General Santos was likewise objected to by MP on the basis of the confirmed report of the local NAMFREL that 10 election returns from non-existent precincts were included in the certificate. MP moved that the certificate of canvass for General Santos be corrected to exclude the the result from the non-existent precincts. The District Board of Canvassers denied both objections and ruled to include the certificate of canvass. May MP appeal the rulings to the COMELEC? Explain. (6%)

- XI -

On August 8, 2008 the Governor of Bohol died and Vice-Governor Cesar succeeded him by operation of law. Accordingly, Benito, the highest ranking member of the Sangguniang Panlalawigan was elevated to the position of Vice-Governor. By the elevation of Benito to the office of Vice-Governor, a vacancy in the Sangguniang Panlalawigan was created.

How should the vacancy be filed? (3%)

- XII -

The Mayor of San Jose City appointed his wife, Amelia, as City Treasurer from among tree (3) employees pf the city considered for the said position. Prior to said promotion, Amelia had been an Assistant City Treasurer for ten (10) years, that is, even before she married the City Mayor. Should the Civil Service Commission approve the promotional appointment of Amelia? Why or why not? (6%)

- XIII -

Congress enacted a law establishing the right to trial by jury of an accused charged with a felony or offense punishable with reclusion perpetua or life imprisonment. The law provides for the qualification of prospective jury member, the guidelines to be observed by the judge and the lawyers in jury selection including the grounds for challenging the selection of jury member, and t\he methodology for jury deliberations. Is the law constitutional? Explain fully. (7%)

- XIV -

In 1963, congress passed a law creating a government-owned corporation named Manila War Memorial Commission (MWMC), with the primary function of overseeing the construction of a massive memorial in the heart of Manila to commemorate victim of the 1945 Battle of Manila

The MWMC charter provided an initial appropriation of P1,000,000, empowered the corporation to raise funds in its own name, and set aside a parcel of land in Malate for the memorial site. The charter set the corporate life of MWMC at 50 years with a proviso that Congress may not abolish MWMC until after the completion of the memorial.

Forty-five (45) years later, the memorial was only 1/3 complete and the memorial site itself had long been overrun by quatters. Congress enacted a law abolishing the MWMC and requiring that the funds raised by it be remitted to the National Treasury. The MWMC challenged the validity of the law, arguing that under its charter its mandate is to complete the memorial no matter how long it takes. Decide with reason. (6%)

- XV -

The principal of Jaena High School, a public school wrote a letter to the parents and guardians of all the school's pupils, informing them that the school was willing to provide religious instruction to its Catholic students during class hours, through a Catholic priest. However, students who wished to avail of such religious instruction needed to secure the consent of their parents and guardians in writing.

1. Does the offer violate the constitutional prohibition againts the establishment of religion? (3%)
2. the parents of evangelical Christian students, upon learning of the offer, demanded that they too be entitled to have their children instructed in their own religious faith during class hours. The principal, a devout Catholic, rejected the request. As counsel for the parents of the evangelical students, how would you argue in support of their position? (3%)

- XVI -

Nationwide protest have erupted over rising gas prices, including disruptive demonstrations in many universities throughout the country. The Metro Manila State University, a public university, adopted a university-wide circular prohibiting public mass demonstrations and rallies within the campus. Offended by the circular,militant students spread word that on the following Friday, all students were to wear black T-shirt as a symbols of their protest both against high gas prices and the university ban on demonstrations. The effort was only moderately successful, with around 30% of the students heeding the call. Nonetheless, university officials were outraged and compelled the students leaders to explain why they should not be expelled for violating the circular against demonstrations.

The student leaders approached you for legal advice. They contended that they should not be expelled since they did not violate the circular, their protest action being neither a demonstrator nor a rally since all they did was wear black T-shirts. What would you advise the students? (6%)

- XVII -

As a reaction to the rice shortage and the dearth of mining engineers. Congress passed a law requiring graduates of public science high school henceforth to take up agriculture or mining engineering as their college course. Several students protested, invoking their freedom to choose their profession. Is the law constitutional? (6%)

NOTHING FOLLOWS.

2009 bar questions

PART I

I

TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences.   (5%)

1. A law making "Bayan Ko" the new national anthem of the Philippines, in lieu of "Lupang Hinirang," is constitutional.
2. Under the archipelago doctrine, the waters around, between, and connecting the islands of the archipelago form part of the territorial sea of the archipelagic state.
3. A law that makes military service for women merely voluntary is constitutional.
4. A law fixing the passing grade in the Bar examinations at 70%, with no grade lower than 40% in any subject, is constitutional.
5. An educational institution 100% foreign-owned may be validly established in the Philippines.

II

Despite lingering questions about his Filipino citizenship and his one-year residence in the district, Gabriel filed his certificate of candidacy for congressman before the deadline set by law. His opponent, Vito, hires you as lawyer to contest Gabriel's candidacy.

1. Before election day, what action or actions will you institute against Gabriel, and before which court, commission or tribunal will you file such action/s? Reasons.   (2%)
2. If, during the pendency of such action/s but before election day, Gabriel withdraws his certificate of candidacy, can he be substituted as candidate? If so, by whom and why? If not, why not?   (2%)
3. If the action/s instituted should be dismissed with finality before the election, and Gabriel assumes office after being proclaimed the winner in the election, can the issue of his candidacy and/or citizenship and residence still be questioned? If so, what action or actions may be filed and where? If not, why not?   (2%)

III

The Municipality of Bulalakaw, Leyte, passed Ordinance No. 1234, authorizing the expropriation of two parcels of land situated in the poblacion as the site of a freedom park, and appropriating the funds needed therefor. Upon review, the |Sangguniang Panlalawigan of Leyte disapproved the ordinance because the municipality has an existing freedom park which, though smaller in size, is still suitable for the purpose, and to pursue expropriation would be needless expenditure of the people's money. Is the disapproval of the ordinance correct? Explain your answer.   (2%)

IV

The Municipality of Pinatukdao is sued for damages arising from injuries sustained by a pedestrian who was hit by a glass pane that fell from a dilapidated window frame of the municipal hall. The municipality files a motion to dismiss the complaint, invoking state immunity from suit. Resolve the motion with reasons.   (3%)

V

To address the pervasive problem of gambling, Congress is considering the following options: (1) prohibit all forms of gambling; (2) allow gambling only on Sundays; (3) allow gambling only in government-owned casinos; and (4) remove all prohibitions against gambling but impose a tax equivalent to 30% on all winnings.

1. If Congress chooses the first option and passes the corresponding law absolutely prohibiting all forms of gambling, can the law be validly attacked on the ground that it is an invalid exercise of police power? Explain your answer.   (2%)
2. If Congress chooses the last option and passes the corresponding law imposing a 30% tax on all winnings and prizes won from gambling, would the law comply with the constitutional limitations on the exercise of the power of taxation? Explain your answer.   (2%)

VI

In a criminal prosecution for murder, the prosecution presented, as witness, an employee of the Manila Hotel who produced in court a videotape recording showing the heated exchange between the accused and the victim that took place at the lobby of the hotel barely 30 minutes before the killing. The accused objects to the admission of the videotape recording on the ground that it was taken without his knowledge or consent, in violation of his right to privacy and the Anti-Wire Tapping law. Resolve the objection with reasons.   (3%)

VII

Crack agents of the Manila Police Anti-Narcotics Unit were on surveillance of a cemetery where the sale and use of prohibited drugs were rumored to be rampant. The team saw a man with reddish and glassy eyes walking unsteadily towards them, but he immediately veered away upon seeing the policemen. The team approached the man, introduced themselves as peace officers, then asked what he had in his clenched fist. Because the man refused to answer, a policeman pried the fist open and saw a plastic sachet filled with crystalline substance. The team then took the man into custody and submitted the contents of the sachet to forensic examination. The crystalline substance in the sachet turned out to be shabu. The man was accordingly charged in court.

During the trial, the accused:

1. challenged the validity of his arrest;   (2%) and
2. objected to the admission in evidence of the prohibited drug, claiming that it was obtained in an illegal search and seizure.   (2%)

Decide with reasons.

VIII

Congressman Nonoy delivered a privilege speech charging the Intercontinental Universal Bank (IUB) with the sale of unregistered foreign securities, in violation of R.A. 8799. He then filed, and the House of Representatives unanimously approved, a Resolution directing the House Committee on Good Government (HCGG) to conduct an inquiry on the matter, in aid of legislation, in order to prevent the recurrence of any similar fraudulent activity.

The HCGG immediately scheduled a hearing and invited the responsible officials of IUB, the Chairman and Commissioners of the Securities and Exchange Commission (SEC), and the Governor of the Bangko Sentral ng Pilipinas (BSP). On the date set for the hearing, only the SEC Commissioners appeared, prompting Congressman Nonoy to move for the issuance of the appropriate subpoena ad testificandum to compel the attendance of the invited resource persons.

The IUB officials filed suit to prohibit HCGG from proceeding with the inquiry and to quash the subpoena, raising the following arguments:

1. The subject of the legislative investigation is also the subject of criminal and civil actions pending before the courts and the prosecutor's office; thus, the legislative inquiry would preempt judicial action;   (3%) and
2. Compelling the IUB officials, who are also respondents in the criminal and civil cases in court, to testify at the inquiry would violate their constitutional right against self-incrimination.   (3%)
   Are the foregoing arguments tenable? Reasons.
3. May the Governor of the BSP validly invoke executive privilege and, thus, refuse to attend the legislative inquiry? Why or why not?   (3%)

IX

Warlito, a natural-born Filipino, took up permanent residence in the United States, and eventually acquired American citizenship. He then married Shirley, an American, and sired three children. In August 2009, Warlito decided to visit the Philippines with his wife and children: Johnny, 23 years of age; Warlito, Jr., 20; and Luisa, 17.

While in the Philippines, a friend informed him that he could reacquire Philippine citizenship without necessarily losing U.S. nationality. Thus, he took the oath of allegiance required under R.A. 9225.

1. Having reacquired Philippine citizenship, is Warlito a natural-born or a naturalized Filipino citizen today? Explain your answer.   (3%)
2. With Warlito having regained Philippine citizenship, will Shirley also become a Filipino citizen? If so, why? If not, what would be the most speedy procedure for Shirley to acquire Philippine citizenship? Explain. (3%)
3. Do the children --- Johnny, Warlito Jr., and Luisa --- become Filipino citizens with their father's reacquisition of Philippine citizenship? Explain your answer.   (3%)

X

Maximino, an employee of the Department of Education, is administratively charged with dishonesty and gross misconduct. During the formal investigation of the charges, the Secretary of Education preventively suspended him for a period of sixty (60) days. On the 60th day of the preventive suspension, the Secretary rendered a verdict, finding Maximino guilty, and ordered his immediate dismissal from the service.

Maximino appealed to the Civil Service Commission (CSC), which affirmed the Secretary's decision. Maximino then elevated the matter to the Court of Appeals (CA). The CA reversed the CSC decision, exonerating Maximino. The Secretary of Education then petitions the Supreme Court (SC) for the review of the CA decision.

1. Is the Secretary of Education a proper party to seek the review of the CA decision exonerating Maximino? Reasons.   (2%)
2. If the SC affirms the CA decision, is Maximino entitled to recover back salaries corresponding to the entire period he was out of the service? Explain your answer.   (3%)

PART II

XI

TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences.   (5%)

1. Aliens are absolutely prohibited from owning private lands in the Philippines.
2. A de facto public officer is, by right, entitled to receive the salaries and emoluments attached to the public office he holds.
3. The President exercises the power of control over all executive departments and agencies, including government-owned or controlled corporations.
4. Decisions of the Ombudsman imposing penalties in administrative disciplinary cases are merely recommendatory.
5. Dual citizenship is not the same as dual allegiance.

XII

William, a private American citizen, a university graduate and frequent visitor to the Philippines, was inside the U.S. embassy when he got into a heated argument with a private Filipino citizen. Then, in front of many shocked witnesses, he killed the person he was arguing with. The police came, and brought him to the nearest police station. Upon reaching the station, the police investigator, in halting English, informed William of his Miranda rights, and assigned him an independent local counsel. William refused the services of the lawyer, and insisted that he be assisted by a Filipino lawyer currently based in the U.S. The request was denied, and the counsel assigned by the police stayed for the duration of the investigation.

William protested his arrest.

1. He argued that since the incident took place inside the U.S. embassy, Philippine courts have no jurisdiction because the U.S. embassy grounds are not part of Philippine territory; thus, technically, no crime under Philippine law was committed. Is William correct? Explain your answer.   (3%)
2. He also claimed that his Miranda rights were violated because he was not given the lawyer of his choice; that being an American, he should have been informed of his rights in proper English; and that he should have been informed of his rights as soon as he was taken into custody, not when he was already at the police station. Was William denied his Miranda rights? Why or why not?   (3%)
3. If William applies for bail, claiming that he is entitled thereto under the "international standard of justice" and that he comes from a U.S. State that has outlawed capital punishment, should William be granted bail as a matter of right? Reasons.   (3%)

XIII

A terrorist group called the Emerald Brigade is based in the State of Asyaland. The government of Asyaland does not support the terrorist group, but being a poor country, is powerless to stop it.

The Emerald Brigade launched an attack on the Philippines, firing two missiles that killed thousands of Filipinos. It then warned that more attacks were forthcoming. Through diplomatic channels, the Philippines demanded that Asyaland stop the Emerald Brigade; otherwise, it will do whatever is necessary to defend itself.

Receiving reliable intelligence reports of another imminent attack by the Emerald Brigade, and it appearing that Asyaland was incapable of preventing the assault, the Philippines sent a crack commando team to Asyaland. The team stayed only for a few hours in Asyaland, succeeded in killing the leaders and most of the members of the Emerald Brigade, then immediately returned to the Philippines.

1. Was the Philippine action justified under the international law principle of "self-defense"? Explain your answer.   (3%)
2. As a consequence of the foregoing incident, Asyaland charges the Philippines with violation of Article 2.4 of the United Nations Charter that prohibits "the threat or use of force against the territorial integrity or political independence of any State." The Philippines counters that its commando team neither took any territory nor interfered in the political processes of Asyaland. Which contention is correct? Reasons.   (3%)
3. Assume that the commando team captured a member of the Emerald Brigade and brought him back to the Philippines. The Philippine Government insists that a special international tribunal should try the terrorist. On the other hand, the terrorist argues that terrorism is not an international crime and, therefore, the municipal laws of the Philippines, which recognize access of the accused to constitutional rights, should apply. Decide with reasons.   (3%)

XIV

The Philippine Government is negotiating a new security treaty with the United States which could involve engagement in joint military operations of the two countries' armed forces. A loose organization of Filipinos, the Kabataan at Matatandang Makabansa (KMM) wrote the Department of Foreign Affairs (DFA) and the Department of National Defense (DND) demanding disclosure of the details of the negotiations, as well as copies of the minutes of the meetings. The DFA and the DND refused, contending that premature disclosure of the offers and counter-offers between the parties could jeopardize on-going negotiations with another country. KMM filed suit to compel disclosure of the negotiation details, and be granted access to the records of the meetings, invoking the constitutional right of the people to information on matters of public concern.

1. Decide with reasons.    (3%)
2. Will your answer be the same if the information sought by KMM pertains to contracts entered into by the Government in its proprietary or commercial capacity? Why or why not?   (3%)

XV

The KKK Television Network (KKK-TV) aired the documentary, "Case Law: How the Supreme Court Decides," without obtaining the necessary permit required by P.D. 1986. Consequently, the Movie and Television Review and Classification Board (MTRCB) suspended the airing of KKK-TV programs. MTRCB declared that under P.D. 1986, it has the power of prior review over all television programs, except "newsreels" and programs "by the Government", and the subject documentary does not fall under either of these two classes. The suspension order was ostensibly based on Memorandum Circular No. 98-17 which grants MTRCB the authority to issue such an order.

KKK-TV filed a certiorari petition in court, raising the following issues:

1. The act of MTRCB constitutes "prior restraint" and violates the constitutionally guaranteed freedom of expression;   (3%) and
2. While Memorandum Circular No. 98-17 was issued and published in a newspaper of general circulation, a copy thereof was never filed with the Office of the National Register of the University of the Philippines Law Center.   (2%)

Resolve the foregoing issues, with reasons.

XVI

1. Angelina, a married woman, is a Division Chief in the Department of Science and Technology. She had been living with a married man, not her husband, for the last fifteen (15) years. Administratively charged with immorality and conduct prejudicial to the best interest of the service, she admits her live-in arrangement, but maintains that this conjugal understanding is in conformity with their religious beliefs. As members of the religious sect, Yahweh's Observers, they had executed a Declaration of Pledging Faithfulness which has been confirmed and blessed by their Council of Elders. At the formal investigation of the administrative case, the Grand Elder of the sect affirmed Angelina's testimony and attested to the sincerity of Angelina and her partner in the profession of their faith. If you were to judge this case, will you exonerate Angelina? Reasons.   (3%)
2. Meanwhile, Jenny, also a member of Yahweh's Observers, was severely disappointed at the manner the Grand Elder validated what she considered was an obviously immoral conjugal arrangement between Angelina and her partner. Jenny filed suit in court, seeking the removal of the Grand Elder from the religious sect on the ground that his act in supporting Angelina not only ruined the reputation of their religion, but also violated the constitutional policy upholding the sanctity of marriage and the solidarity of the family. Will Jenny's case prosper? Explain your answer.   (2%)

XVII

Filipinas Computer Corporation (FCC), a local manufacturer of computers and computer parts, owns a sprawling plant in a 5,000-square meter lot in Pasig City. To remedy the city's acute housing shortage, compounded by a burgeoning population, the Sangguniang Panglungsod authorized the City Mayor to negotiate for the purchase of the lot. The Sanggunian intends to subdivide the property into small residential lots to be distributed at cost to qualified city residents. But FCC refused to sell the lot. Hard pressed to find a suitable property to house its homeless residents, the City filed a complaint for eminent domain against FCC.

1. If FCC hires you as lawyer, what defense or defenses would you set up in order to resist the expropriation of the property? Explain.   (5%)
2. If the Court grants the City's prayer for expropriation, but the City delays payment of the amount determined by the court as just compensation, can FCC recover the property from Pasig City? Explain.   (2%)
3. Suppose the expropriation succeeds, but the City decides to abandon its plan to subdivide the property for residential purposes having found a much bigger lot, can FCC legally demand that it be allowed to repurchase the property from the City of Pasig? Why or why not?   (2%)

XVIII

What are the essential elements of a valid petition for a people's initiative to amend the 1987 Constitution? Discuss. (2%)

2o10 bar questions

PART I

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.

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

1. must ensure that all states consent to its act.
2. cannot curtail migration from the offending state.
3. can expel the nationals of the offending state.
4. should apply proportionate response within appreciable limit.
5. None of the above.

Explain your answer. (2%)

V

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.

1. Does Mang Pandoy have legal standing to question the law?(2%)
2. Is the grant of authority to the Oversight Committee to screen beneficiaries constitutional? (3%)

Decide with reasons.

VII

True or False.

1. A proclamation of a state of emergency is sufficient to allow the President to take over any public utility. (0.5%)
2. 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%)

X

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

1. subject to derogation when national security is threatened.”
2. confined only during custodial investigation.”
3. which is non-derogable both during peacetime and in a situation of armed conflict.”
4. both (a) and (b)
5. 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.

1. A valid and definite offer to buy a property is a pre-requisite to expropriation initiated by a local government unit. (0.5%)
2. Re-classification of land by a local government unit may be done through a resolution. (0.5%)
3. Boundary disputes between and among municipalities in the same province may be filed immediately with the Regional Trial Court. (0.5%)
4. 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.

1. A person who occupies an office that is defectively created is a de facto officer. (0.5%)
2. The rule on nepotism does not apply to designations made in favor of a relative of the authority making a designation. (0.5%)
3. A discretionary duty of a public officer is never delegable. (0.5%)
4. 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.

1. May X be compelled to appear and testify? If yes, what sanction may be imposed on him? (2%)
2. 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:

1. Doctrine of operative facts (1%)
2. De facto municipal corporation (1%)
3. Municipal corporation by estoppel (1%)
4. Doctrine of necessary implication (1%)
5. 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.

1. Who shall succeed Governor Diy in his office as Governor? (1%)
2. Can Governor Diy run again as governor in the next election? (2%)
3. 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

1. What is the rotational scheme of appointments in the COMELEC? (2%)
2. What are the two conditions for its workability? (2%)
3. 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 bar questions

(1) Filipino citizenship may be acquired through judicial naturalization only by an alien

(A) born, raised, and educated in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen.

(B) who has all the qualifications and none of the disqualifications to become a Filipino citizen.

(C) born and raised in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen.

(D) whose mother or father is a naturalized Filipino and who himself is qualified to be naturalized.

(2) Jax Liner applied for a public utility bus service from Bacolod to Dumaguete from the Land Transportation Franchising and Regulatory Board (LTFRB). BB Express opposed. LTFRB ruled in favor of Jax. BB appealed to the Secretary of the Department of Transportation and Communication (DOTC), who reversed the LTFRB decision. Jax appealed to the Office of the President which reinstated the LTFRB’s ruling. BB Express went to the Court of Appeals on certiorari questioning the decision of the Office of the President on the ground that Office of the President has no jurisdiction over the case in the absence of any law providing an appeal from DOTC to the Office of the President. Will the petition prosper?

(A) No, exhaustion of administrative remedies up to the level of the President is a pre-requisite to judicial recourse.

(B) No, the action of the DOTC Secretary bears only the implied approval of the President who is not precluded from reviewing the decision of the former.

(C) Yes, when there is no law providing an appeal to the Office of the President, no such appeal may be pursued.

(D) Yes, the doctrine of qualified political agency renders unnecessary a further appeal to the Office of the President.

(3) Where A is set for promotion to Administrative Assistant III and B to the post of Administrative Assistant II vacated by A, the appointing authority must

(A) submit to the CSC the two promotional appointments together for approval.

(B) not appoint B until the CSC has approved A’s appointment.

(C) submit to the Civil Service Commission (CSC) the second appointment after its approval of the first.

(D) simultaneously issue the appointments of A and B.

(4) When a witness is granted transactional immunity in exchange for his testimony on how his immediate superior induced him to destroy public records to cover up the latter's act of malversation of public funds, the witness may NOT be prosecuted for

(A) direct contempt.

(B) infidelity in the custody of public records.

(C) falsification of public documents.

(D) false testimony.

(5) Mario, a Bureau of Customs’ examiner, was administratively charged with grave misconduct and preventively suspended pending investigation. The head of office found him guilty as charged and ordered his dismissal. The decision against him was executed pending appeal. The Civil Service Commission (CSC) subsequently found him guilty and after considering a number of mitigating circumstances, reduced his penalty to only one month suspension. Is Mario entitled to back salaries?

(A) Yes, the reduction of the penalty means restoration of his right to back salaries.

(B) No, the penalty of one month suspension carries with it the forfeiture of back salaries.

(C) No, he is still guilty of grave misconduct, only the penalty was reduced.

(D) Yes, corresponding to the period of his suspension pending appeal less one month.

(6) Althea, a Filipino citizen, bought a lot in the Philippines in 1975. Her predecessors-in-interest have been in open, continuous, exclusive and notorious possession of the lot since 1940, in the concept of owner. In 1988, Althea became a naturalized Australian citizen. Is she qualified to apply for registration of the lot in her name?

(A) Yes, provided she acquires back her Filipino citizenship.

(B) No, except when it can be proved that Australia has a counterpart domestic law that also favors former Filipino citizens residing there.

(C) Yes, the lot is already private in character and as a former natural-born Filipino, she can buy the lot and apply for its registration in her name.

(D) No, foreigners are not allowed to own lands in the Philippines.

(7) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court or when

(A) public safety or public health requires otherwise as prescribed by law.

(B) dictated by the need to maintain public peace and order.

(C) public safety or order requires otherwise as prescribed by law.

(D) public safety or order requires otherwise as determined by the President.

(8) One advantage of a written Constitution is its

(A) reliability.

(B) permanence.

(C) flexibility.

(D) expediency.

(9) An appointment held at the pleasure of the appointing power

(A) essentially temporary in nature.

(B) requires special qualifications of the appointee.

(C) requires justifiable reason for its termination.

(D) is co-extensive with the term of the public officer who appointed him.

(10) The city government filed a complaint for expropriation of 10 lots to build a recreational complex for the members of the homeowners' association of Sitio Sto. Tomas, the most populated residential compound in the city. The lot owners challenged the purpose of the expropriation. Does the expropriation have a valid purpose?

(A) No, because not everybody uses a recreational complex.

(B) No, because it intends to benefit a private organization.

(C) Yes, it is in accord with the general welfare clause.

(D) Yes, it serves the well-being of the local residents.

(11) An example of a content based restraint on free speech is a regulation prescribing

(A) maximum tolerance of pro-government demonstrations.

(B) a no rally-no permit policy.

(C) when, where, and how lawful assemblies are to be conducted.

(D) calibrated response to rallies that have become violent.

(12) The President forged an executive agreement with Vietnam for a year supply of animal feeds to the Philippines not to exceed 40,000 tons. 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?

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

(B) No, the President is the sole organ of the government in external relations and all his actions as such form part of the law of the land.

(C) No, international agreements are sui generis which must 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.

(13) Jose Cruz and 20 others filed a petition with the COMELEC to hold a plebiscite on their petition for initiative to amend the Constitution by shifting to a unicameral parliamentary form of government. Assuming that the petition has been signed by the required number of registered voters, will it prosper?

(A) No, only Congress can exercise the power to amend the Constitution.

(B) Yes, the people can substantially amend the Constitution by direct action.

(C) Yes, provided Congress concurs in the amendment.

(D) No, since they seek, not an amendment, but a revision.

(14) The Comelec en banc cannot hear and decide a case at first instance EXCEPT when

(A) a Division refers the case to it for direct action.

(B) the case involves a purely administrative matter.

(C) the inhibition of all the members of a Division is sought.

(D) a related case is pending before the Supreme Court en banc.

(15) Each of the Constitutional Commissions is expressly described as "independent," exemplified by its

(A) immunity from suit.

(B) fiscal autonomy.

(C) finality of action.

(D) collegiality.

(16) There is double jeopardy when the dismissal of the first case is

(A) made at the instance of the accused invoking his right to fair trial.

(B) made upon motion of the accused without objection from the prosecution.

(C) made provisionally without objection from the accused.

(D) based on the objection of the accused to the prosecution's motion to postpone trial.

(17) The new Commissioner of Immigration, Mr. Suarez, issued an Office Order directing the top immigration officials to tender courtesy resignation to give him a free hand in reorganizing the agency. In compliance, Director Sison of the Administrative Department tendered his resignation in writing which Mr. Suarez immediately accepted. Director Sison went to court, assailing the validity of his courtesy resignation and Mr. Suarez’s acceptance of the same. Will the action prosper?

(A) No, Director Sison tendered his resignation and it was accepted.

(B) No, estoppel precludes Director Sison from disclaiming the resignation he freely tendered.

(C) Yes,for so long as no one has yet been appointed to replace him, Director Sison may still withdraw his resignation.

(D) Yes, Director Sison merely complied with the order of the head of office; the element of clear intention to relinguish office is lacking.

(18) An administrative rule that fixes rates is valid only when the proposed rates are

(A) published and filed with the UP Law Center.

(B) published and hearings are conducted.

(C) published and posted in three public places.

(D) published and all stakeholders are personally notified.

(19) The government sought to expropriate a parcel of land belonging to Y. The law provides that, to get immediate possession of the land, the government must deposit the equivalent of the land's zonal value. The government insisted, however, that what apply are the rules of court which require an initial deposit only of the assessed value of the property. Which should prevail on this matter, the law or the rules of court?

(A) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is higher.

(B) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is lower.

(C) The law should prevail since the right to just compensation is a substantive right that Congress has the power to define.

(D) The rules of court should prevail since just compensation is a procedural matter subject to the rule making power of the Supreme Court.

(20) After X, a rape suspect, was apprised of his right to silence and to counsel, he told the investigators that he was waiving his right to have his own counsel or to be provided one. He made his waiver in the presence of a retired Judge who was assigned to assist and explain to him the consequences of such waiver. Is the waiver valid?

(A) No, the waiver was not reduced in writing.

(B) Yes, the mere fact that the lawyer was a retired judge does not cast doubt on his competence and independence.

(C) Yes, the waiver was made voluntarily, expressly, and with assistance of counsel.

(D) No, a retired Judge is not a competent and independent counsel.

(21) Governor Paloma was administratively charged with abuse of authority before the Office of the President. Pending hearing, he ran for reelection and won a second term. He then moved to dismiss the charge against him based on this supervening event. Should the motion be granted?

(A) Yes, Governor Paloma's reelection is an expression of the electorate's obedience to his will.

(B) No, Governor Paloma's reelection cannot extinguish his liability for malfeasance in office.

(C) No, Governor Paloma's reelection does not render moot the administrative case already pending when he filed his certificate of candidacy for his reelection bid.

(D) Yes, Governor Paloma's reelection is an expression of the electorate's restored trust.

(22) The decision of the Regional Trial Court on appeals pertaining to inclusions or exclusions from the list of voters

(A) is inappealable.

(B) is subject to an action for annulment.

(C) may be brought straight to the Supreme Court.

(D) is appealable to the Commission on Elections.

(23) The equal protection clause allows valid classification of subjects that applies

(A) only to present conditions.

(B) so long as it remains relevant to the government.

(C) for a limited period only.

(D) for as long as the problem to be corrected exists.

(24) The President wants to appoint A to the vacant post of Associate Justice of the Supreme Court because of his qualifications, competence, honesty, and efficiency. But A’s name is not on the list of nominees that the Judicial and Bar Council (JBC) submitted to the President. What should the President do?

(A) Request the JBC to consider adding A to the list.

(B) Decline to appoint from the list.

(C) Appoint from the list.

(D) Return the list to JBC.

(25) Courts may still decide cases that have otherwise become academic when they involve

(A) the basic interest of people.

(B) petitions for habeas corpus.

(C) acts of the Chief Executive.

(D) Presidential election protests.

(26) The right of the State to prosecute crimes by available evidence must yield to the right of

(A) the accused against self-incrimination.

(B) another State to extradite a fugitive from justice.

(C) the State to deport undesirable aliens.

(D) the complainant to drop the case against the accused.

(27) A temporary appointee to a public office who becomes a civil service eligible during his tenure

(A) loses his temporary appointment without prejudice to his re-appointment as permanent.

(B) has the right to demand conversion of his appointment to permanent.

(C) automatically becomes a permanent appointee.

(D) retains his temporary appointment.

(28) Upon endorsement from the Senate where it was first mistakenly filed, the House of Representatives Committee on Justice found the verified complaint for impeachment against the President sufficient in form but insufficient in substance. Within the same year, another impeachment suit was filed against the President who questioned the same for being violative of the Constitution. Is the President correct?

(A) No, "initiated" means the Articles of Impeachment have been actually filed with the Senate for trial; this did not yet happen.

(B) No, the first complaint was not deemed initiated because it was originally filed with the Senate.

(C) Yes, the dismissal of the first impeachment proceeding bars the initiation of another during the same term of the President.

(D) Yes, no impeachment proceeding can be filed against the President more than once within a year.

(29) The Solicitor General declines to institute a civil action on behalf of a government agency due to his strained relation with its head, insisting that the agency’s lawyers can file the action. Is the Solicitor General correct?

(A) Yes, when he deems he cannot harmoniously and effectively work with the requesting agency.

(B) No, he must, in choosing whether to prosecute an action, exercise his discretion according to law and the best interest of the State.

(C) Yes, as in any lawyer-client relationship, he has the right to choose whom to serve and represent.

(D) No, the Solicitor General's duty to represent the government, its offices and officers is mandatory and absolute.

(30) A department secretary may, with the President's consent, initiate his appearance before the Senate or the House of Representatives which

(A) must seek the concurrence of the other House before acting.

(B) must hold an executive session to hear the department secretary.

(C) may altogether reject the initiative.

(D) must accept such initiated appearance.

(31) The Metro Manila Development Authority (MMDA) passed a rule authorizing traffic enforcers to impound illegally parked vehicles, for the first offense, and confiscate their registration plates for the second. The MMDA issued this rule to implement a law that authorized it to suspend the licenses of drivers who violate traffic rules. Is the MMDA rule valid?

(A) No, since the MMDA does not have rule-making power.

(B) Yes, it is a valid exercise of the power of subordinate legislation.

(C) Yes, it is an implicit consequence of the law upon which it acted.

(D) No, the rule goes beyond the sphere of the law.

(32) Senator Bondoc was charged with murder and detained at the Quezon City Jail. He invoked, in seeking leave from the court to attend the session of the Senate, his immunity from arrest as a Senator. How should the court rule on his motion?

(A) Deny the motion unless the Senate issues a resolution certifying to the urgency of his attendance at its sessions.

(B) Grant the motion provided he posts bail since he is not a flight risk.

(C) Grant the motion so as not to deprive the people who elected him their right to be represented in the Senate.

(D) Deny the motion since immunity from arrest does not apply to a charge of murder.

(33) X, an administrative officer in the Department of Justice, was charged with grave misconduct and preventively suspended for 90 days pending investigation. Based on the evidence, the Secretary of Justice found X guilty as charged and dismissed him from the service. Pending appeal, X's dismissal was executed. Subsequently, the Civil Service Commission (CSC) reversed the Secretary’s decision and the reversal became final and executory. What is the effect of X's exoneration?

(A) X is entitled to reinstatement and back salaries both during his 90 day preventive suspension and his 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.

(C) X is entitled to reinstatement but not to back salaries on ground of "damnum absque injuria."

(D) X is entitled to reinstatement and back salaries during his suspension pending appeal.

(34) Courts may dismiss a case on ground of mootness when

(A) the case is premature.

(B) petitioner lacks legal standing.

(C) the questioned law has been repealed.

(D) the issue of validity of law was not timely raised.

(35) Alfredo was elected municipal mayor for 3 consecutive terms. During his third term, the municipality became a city. Alfredo ran for city mayor during the next immediately succeeding election. Voltaire sought his disqualification citing the 3 term limit for elective officials. Will Voltaire's action prosper?

(A) No, the 3 term limit should not apply to a person who is running for a new position title.

(B) Yes, the 3 term limit applies regardless of any voluntary or involuntary interruption in the service of the local elective official.

(C) Yes, the 3 term limit uniformly applies to the office of mayor, whether for city or municipality.

(D) No, the 3 term limit should not apply to a local government unit that has assumed a different corporate existence.

(36) In what scenario is an extensive search of moving vehicles without warrant valid?

(A) The police became suspicious on seeing something on the car’s back seat covered with blanket.

(B) The police suspected an unfenced lot covered by rocks and bushes was planted to marijuana.

(C) The police became suspicious when they saw a car believed to be of the same model used by the killers of a city mayor.

(D) The driver sped away in his car when the police flagged him down at a checkpoint.

(37) Pre-proclamation controversies shall be heard

(A) summarily without need of trial.

(B) through trial by commissioner.

(C) ex parte.

(D) through speedy arbitration.

(38) When the President orders the Chief of the Philippine National Police to suspend the issuance of permits to carry firearms outside the residence, the President exercises

(A) the power of control.

(B) the Commander-in-Chief power.

(C) the power of supervision.

(D) the calling out power.

(39) Carlos, a foreign national was charged with and convicted of a serious crime in State X and sentenced to life imprisonment. His country applied for relief with the International 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 assistance by his government. State X, as signatory to the Vienna Convention, agreed to ICJ's compulsory jurisdiction over all disputes regarding the interpretation or application of the Vienna Convention. ICJ ruled that State X violated its obligation to provide consular notification to the foreign national's country. ICJ also required State X to review and reconsider the life sentence imposed on the foreign national. State X then wrote the United Nations informing that it was withdrawing from the Optional Protocol on Vienna Convention and was not bound by the ICJ decision. What principle of international law did State X violate?

(A) Pacta Sunt Servanda

(B) Act of State Doctrine

(C) Protective Principle

(D) Jus Cogens

(40) An informer told the police that a Toyota Car with plate ABC 134 would deliver an unspecified quantity of ecstacy in Forbes Park, Makati City. The officers whom the police sent to watch the Forbes Park gates saw the described car and flagged it down. When the driver stopped and lowered his window, an officer saw a gun tucked on the driver's waist. The officer asked the driver to step out and he did. When an officer looked inside the car, he saw many tablets strewn on the driver's seat. The driver admitted they were ecstacy. Is the search valid?

(A) No, the rule on warrantless search of moving vehicle does not allow arbitrariness on the part of the police.

(B) Yes, the police officers had the duty to verify the truth of the information they got and pursue it to the end.

(C) Yes, the police acted based on reliable information and the fact that an officer saw the driver carrying a gun.

(D) No, police officers do not have unbridled discretion to conduct a warrantless search of moving vehicles.

(41) The Commission on Elections is an independent body tasked to enforce all laws relative to the conduct of elections. Hence, it may

(A) conduct two kinds of electoral count: a slow but official count; and a quick but unofficial count.

(B) make an advance and unofficial canvass of election returns through electronic transmission.

(C) undertake a separate and unofficial tabulation of the results of the election manually.

(D) authorize the citizens arm to use election returns for unofficial count.

(42)The President may proclaim martial law over a particular province subject to revocation or extension

(A) by Congress,subject to ratification by the Supreme Court.

(B) by the Supreme Court.

(C) by Congress alone

(D) by Congress, upon recommendation of the respective Sangguniang Panlalawigan.

(43) During his incumbency, President Carlos shot to death one of his advisers during a heated argument over a game of golf that they were playing. The deceased adviser’s family filed a case of homicide against President Carlos before the city prosecutor’s office. He moved to dismiss the case, invoking presidential immunity from suit. Should the case be dismissed?

(A) Yes, his immunity covers his interactions with his official family, including the deceased adviser.

(B) No, his immunity covers only work-related crimes.

(C) Yes, his immunity holds for the whole duration of his tenure.

(D) No, his immunity does not cover crimes involving moral turpitude.

(44) The School Principal of Ramon Magsaysay High School designated Maria, her daughter, as public school teacher in her school. The designation was assailed on ground of nepotism. Is such designation valid?

(A) No, because the law prohibits relatives from working within the same government unit.

(B) Yes, because Maria’s position does not fall within the prohibition.

(C) No, because her mother is not the designating authority.

(D) No, because Maria is related to the supervising authority within the prohibited degree of consanguinity.

(45) The President's appointment of an acting secretary although Congress is in session is

(A) voidable.

(B) valid.

(C) invalid.

(D) unenforceable.

(46) Congress passed a bill appropriating P50 million in assistance to locally based television stations subject to the condition that the 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 veto valid?

(A) Yes, since the vetoed condition may be separated from the item.

(B) Yes, the President's veto power is absolute.

(C) No, since the veto amounted to a suppression of the freedom to communicate through television.

(D) No, since the approval of the item carried with it the approval of the condition attached to it.

(47) In the exercise of its power of legislative inquiries and oversight functions, the House of Representatives or the Senate may only ask questions

(A) that the official called is willing to answer.

(B) that are relevant to the proposed legislation.

(C) to which the witness gave his prior consent.

(D) material to the subject of inquiry.

(48) An ordinance prohibits "notorious street gang members" from loitering in public places. The police are to disperse them or, if they refuse, place them under arrest. The ordinance enumerates which police officers can make arrest and defines street gangs, membership in them, and public areas. The ordinance was challenged for being vague regarding the meaning of "notorious street gang members." Is the ordinance valid?

(A) No, it leaves the public uncertain as to what conduct it prohibits.

(B) No, since it discriminates between loitering in public places and loitering in private places.

(C) Yes, it provides fair warning to gang members prior to arrest regarding their unlawful conduct.

(D) Yes, it is sufficiently clear for the public to know what acts it prohibits.

(49) The people may approve or reject a proposal to allow foreign investors to own lands in the Philippines through an electoral process called

(A) referendum.

(B) plebiscite.

(C) initiative.

(D) certification.

(50) Where a candidate for the Senate stated in his certificate of candidacy that he is single, when he is very much married, though separated, his certificate of candidacy

(A) may be canceled.

(B) will subject him to a quo warranto action.

(C) remains valid.

(D) may be denied due course.

(51) A candidate who commits vote buying on Election Day itself shall be prosecuted by the

(A) COMELEC.

(B) Secretary of Justice.

(C) police and other law enforcement agencies.

(D) City or Provincial Prosecutor.

(52) A law authorized the Secretary of Agriculture to require the quarantine of animals that suffer from dangerous communicable diseases at such place and for such time he deems necessary to prevent their spread. The Secretary of Agriculture issued a regulation, imposing a penalty of imprisonment for 10 days on persons transporting quarantined animals without his permission. The regulation is

(A) a valid exercise of the power of subordinate legislation.

(B) invalid for being ultra vires.

(C) a valid exercise of police power.

(D) invalid for being discriminatory.

(53) Small-scale utilization of natural resources by Filipino citizens may be allowed by

(A) Congress.

(B) either the Senate or the House of Representatives.

(C) the President.

(D) the President with the consent of Congress.

(54) When the Civil Service Commission (CSC) approves the appointment of the Executive Director of the Land Transportation Franchising and Regulatory Board who possesses all the prescribed qualifications, the CSC performs

(A) a discretionary duty.

(B) a mix discretionary and ministerial duty.

(C) a ministerial duty.

(D) a rule-making duty.

(55) Xian and Yani ran for Congressman in the same district. During the canvassing, Yani objected to several returns which he said were tampered with. The board of canvassers did not entertain Yani's objections for lack of authority to do so. Yani questions the law prohibiting the filing of pre-proclamation cases involving the election of Congressmen since the Constitution grants COMELEC jurisdiction over all pre-proclamation cases, without distinction. Is Yani correct?

(A) Yes, the Constitution grants jurisdiction to COMELEC on all pre-proclamation cases, without exception.

(B) No, COMELEC’s jurisdiction over pre-proclamation cases pertains only to elections for regional, provincial, and city officials.

(C) No, COMELEC’s jurisdiction over pre-proclamation cases does not include those that must be brought directly to the courts.

(D) Yes, any conflict between the law and the Constitution relative to COMELEC's jurisdiction must be resolved in favor of the Constitution.

(56) When the Supreme Court nullified the decisions of the military tribunal for lack of jurisdiction, it excluded from their coverage decisions of acquittal where the defendants were deemed to have acquired a vested right. In so doing, the Supreme Court applied

(A) the operative fact doctrine.

(B) the rule against double jeopardy.

(C) the doctrine of supervening event.

(D) the orthodox doctrine.

(57) Accused X pleaded not guilty to the charge of homicide against him. Since he was admitted to bail, they sent him notices to attend the hearings of his case. But he did not show up, despite notice, in four successive hearings without offering any justification. The prosecution moved to present evidence in absentia but the court denied the motion on the ground that the accused has a right to be present at his trial. Is the court correct?

(A) No, the court is mandated to hold trial in absentia when the accused had been arraigned, had notice, and his absence was unjustified.

(B) Yes, it remains discretionary on the court whether to conduct trial in absentia even if the accused had been arraigned and had notice and did not justify his absence.

(C) Yes, it is within the court's discretion to determine how many postponements it will grant the accused before trying him in absentia.

(D) No, the court may reject trial in absentia only on grounds of fraud, accident, mistake, or excusable negligence.

(58) Following COMELEC Chairman Bocay's conviction for acts of corruption in the impeachment proceedings, he was indicted for plunder before the Sandiganbayan and found guilty, as charged. Can he get Presidential pardon on the plunder case?

(A) No, plunder is not a pardonable offense.

(B) No, conviction in a criminal case for the same acts charged in the impeachment proceedings is not pardonable.

(C) Yes, convictions in two different fora for the same acts, are too harsh that they are not beyond the reach of the President’s pardoning power.

(D) Yes, conviction in court in a criminal action is subject to the President's pardoning power.

(59) A private person constituted by the court as custodian of property attached to secure a debt sought to be recovered in a civil proceeding is

(A) a private sheriff.

(B) a public officer.

(C) a private warehouseman.

(D) an agent of the party to whom the property will ultimately be awarded.

(60) The COMELEC en banc shall decide a motion for reconsideration of

(A) the House or Representatives and the Senate electoral tribunals.

(B) the decision of the election registrar.

(C) the decision of the COMELEC division involving an election protest.

(D) its own decision involving an election protest.

(61) Adela served as Mayor of Kasim for 2 consecutive terms. On her third term, COMELEC ousted her in an election protest that Gudi, her opponent, filed against her. Two years later, Gudi faced recall proceedings and Adela ran in the recall election against him. Adela won and served as Mayor for Gudi's remaining term. Can Adela run again for Mayor in the next succeeding election without violating the 3 term limit?

(A) No, she won the regular mayoralty election for two consecutive terms and the recall election constitutes her third term.

(B) A. No, she already won the mayoralty election for 3 consecutive terms.

(C) Yes, her ouster from office in her third term interrupted the continuity of her service as mayor.

(D) Yes, the fresh mandate given her during the recall election erased her disqualification for a third term.

(62) A child born in the United States to a Filipino mother and an American father is

(A) a Filipino citizen by election.

(B) a repatriated Filipino citizen.

(C) a dual citizen.

(D) a natural born Filipino citizen.

(63) Involuntary servitude may be required as

(A) part of rehabilitation of one duly charged with a crime.

(B) substitute penalty for one who has been duly tried for a crime.

(C) punishment for a crime where one has been duly convicted.

(D) condition precedent to one's valid arraignment.

(64) Van sought to disqualify Manresa as congresswoman of the third district of Manila on the ground that the latter is a greencard holder. By the time the case was decided against Manresa, she had already served her full term as congresswoman. What was Manresa's status during her incumbency as congresswoman?

(A) She was a de jure officer, having been duly elected.

(B) She was not a public officer because she had no valid existing public office.

(C) She was a de jure officer since she completed her term before she was disqualified.

(D) She was a de facto officer since she was elected, served, and her disqualification only came later.

(65) Whose appointment is NOT subject to confirmation by the Commission on Appointments?

(A) Chairman of the Civil Service Commission

(B) Chief Justice of the Supreme Court

(C) Chief of Staff of the Armed Forces of the Philippines

(D) Executive Secretary

(66) The system of checks and balances operates when

(A) the President nullifies a conviction in a criminal case by pardoning the offender.

(B) Congress increases the budget proposal of the President.

(C) the President does not release the countryside development funds to members of Congress.

(D) Congress expands the appellate jurisdiction of the Supreme Court, as defined by the Constitution.

(67) The price of staple goods like rice may be regulated for the protection of the consuming public through the exercise of

(A) power of subordinate legislation.

(B) emergency power.

(C) police power.

(D) residual power.

(68) Associate Justice A retires from the Supreme Court 90 days before the forthcoming Presidential election. May the incumbent President still appoint Justice A's successor?

(A) No, it will violate the Constitutional prohibition against midnight appointments.

(B) Yes, vacancies in the Supreme Court should be filled within 90 days from occurrence of the vacancy.

(C) Yes, vacancies in the Supreme Court should be filled within 90 days from submission of JBC nominees to the President.

(D) No, the incumbent President must yield to the choice of the next President

(69) The President may set a limit on the country's import quota in the exercise of his

(A) delegated power.

(B) concurring power.

(C) residual power.

(D) inherent power.

(70) Amor sued for annulment of a deed of sale of Lot 1. While the case was ongoing, Baltazar, an interested buyer, got a Certification from Atty. Crispin, the Clerk of Court, that Lot 1 was not involved in any pending case before the court. Acting on the certification, the Register of Deeds canceled the notice of lis pendens annotated on Lot 1’s title. Amor filed a damage suit against Atty. Crispin but the latter invoked good faith and immunity from suit for acts relating to his official duty, claiming he was not yet the Clerk of Court when Amor filed his action. Decide.

(A) Atty. Crispin is immune from suit since he enjoys the presumption of regularity of performance of public duty.

(B) Atty. Crispin's defense is invalid since he issued his certification recklessly without checking the facts.

(C) Atty. Crispin's defense is valid since he was unaware of the pendency of the case.

(D) As Clerk of Court, Atty. Crispin enjoys absolute immunity from suit for acts relating to his work.

(71) The Housing and Land Use Regulatory Board (HLURB) found Atlantic Homes, Inc. liable in damages arising from its delayed release of the title to the house and lot that it sold to Josephine. Atlantic appealed to the Office of the President which rendered a one page decision, affirming the attached HLURB judgment. Atlantic challenges the validity of the decision of the Office of the President for not stating the facts and the law on which it is based. Is the challenge correct?

(A) No, the Office of the President is governed by its own rules respecting review of cases appealed to it.

(B) Yes, the decision of the Office of the President must contain its own crafted factual findings and legal conclusions.

(C) Yes, administrative due process demands that the Office of the President make findings and conclusions independent of its subordinate.

(D) No, the Office of the President is not precluded from adopting the factual findings and legal conclusions contained in the HLURB decision.

(72) A collision occurred involving a passenger jeepney driven by Leonardo, a cargo truck driven by Joseph, and a dump truck driven by Lauro but owned by the City of Cebu. Lauro was on his way to get a load of sand for the repair of the road along Fuente Street, Cebu City. As a result of the collision, 3 passengers of the jeepney died. Their families filed a complaint for damages against Joseph who in turn filed a third party complaint against the City 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 because its employee was engaged in the discharge of a governmental function.

(B) The City of Cebu is liable for the tort committed by its employee while in the discharge of a non-governmental function.

(C) The City of Cebu is liable in accord with the precept of respondeat superior.

(D) The City of Cebu is not liable as a consequence of its non-suitability.

(73) During promulgation of sentence, the presence of the accused is mandatory but he may appear by counsel or representative when

(A) he is charged with a light offense.

(B) he was able to cross-examine the prosecution’s witnesses.

(C) he waives his right to be present.

(D) he is convicted of a bailable offense.

(74) An information for murder was filed against X. After examining the case records forwarded to him by the prosecution, the trial judge granted bail to X based on the prosecution's manifestation that it was not objecting to the grant of bail. Is the trial judge correct?

(A) Yes, the trial judge may evaluate the strength or weakness of the evidence based on the case records forwarded to him.

(B) No, the trial judge should have held a hearing to ascertain the quality of the evidence of guilt that the prosecution had against X.

(C) No, the trial judge should have conducted a hearing to ascertain first whether or not X was validly arrested.

(D) Yes, the trial judge may reasonably rely on the prosecution's manifestation that he had no objection to the grant of bail.

(75) The President CANNOT call out the military

(A) to enforce customs laws.

(B) to secure shopping malls against terrorists.

(C) to arrest persons committing rebellion.

(D) to raid a suspected haven of lawless elements.

(76) Mass media in the Philippines may be owned and managed by

(A) corporations wholly owned and managed by Filipinos.

(B) corporations 60% owned by Filipinos.

(C) corporations wholly owned by Filipinos.

(D) corporations 60% owned and managed by Filipinos.

(77) Procedural due process in administrative proceedings

(A) requires the tribunal to consider the evidence presented.

(B) allows the losing party to file a motion for reconsideration.

(C) requires hearing the parties on oral argument.

(D) permits the parties to file memoranda.

(78) The Constitution prohibits cruel and inhuman punishments which involve

(A) torture or lingering suffering.

(B) primitive and gross penalties.

(C) unusual penal methods.

(D) degrading and queer penalties.

(79) Judge Lloyd was charged with serious misconduct before the Supreme Court. The Court found him guilty and ordered him dismissed. Believing that the decision was not immediately executory, he decided a case that had been submitted for resolution. The decision became final and executory. But the losing party filed a certiorari action with the Court of Appeals seeking to annul the writ of execution issued in the case and bar Judge Lloyd from further acting as judge. Can the relief against Judge Lloyd be granted?

(A) No, Judge Lloyd's right to stay as judge may be challenged only by direct proceeding, not collaterally.

(B) Yes, the action against Judge Lloyd may be consolidated with the case before the Court of Appeals and decided by it.

(C) Yes, Judge Lloyd 's right to stay as judge may be challenged as a necessary incident of the certiorari action.

(D) No, the losing party has no standing to challenge Judge Lloyd's right to stay as judge.

(80) Executive Secretary Chua issued an order prohibiting the holding of rallies along Mendiola because it hampers the traffic flow to Malacanang. A group of militants questioned the order for being unconstitutional and filed a case against Secretary Chua to restrain him 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?

(A) No, public officers may be sued to restrain him from enforcing an act claimed to be unconstitutional.

(B) Yes, the order was not a proprietary act of the government.

(C) No, only the president may raise the defense of immunity from suit.

(D) Yes, Secretary Chua cannot be sued for acts done in pursuance to his public office.

(81) Anton was the duly elected Mayor of Tunawi in the local elections of 2004. He got 51% of all the votes cast. Fourteen months later, Victoria, who also ran for mayor, filed with the Local Election Registrar, a petition for recall against Anton. The COMELEC approved the petition and set a date for its signing by other qualified voters in order to garner at least 25% of the total number of Bar Examination Questionnaire for Political Law Set A registered voters or total number of those who actually voted during the local election in 2005, whichever is lower. Anton attacked the COMELEC resolution for being invalid. Do you agree with Anton?

(A) No, the petition, though initiated by just one person, may be ratified by at least 25% of the total number of registered voters.

(B) No, the petition, though initiated by just one person may be ratified by at least 25% of those who actually voted during the 2004 local elections.

(C) Yes, the petition should be initiated by at least 25% of the total number of registered voters who actually voted during the 2004 local elections.

(D) Yes,the petition should be initiated by at least 25% of the total number of registered voters of Tunawi.

(82) Using the description of the supplier of shabu given by persons who had been arrested earlier for selling it, the police conducted a surveillance of the area indicated. When they saw a man who fitted the description walking from the apartment to his car, they approached and frisked him and he did not object. The search yielded an unlicensed gun tucked on his waist and shabu in his car. Is the search valid?

(A) No, the man did not manifest any suspicious behavior that would give the police sufficient reason to search him.

(B) Yes, the police acted on reliable information which proved correct when they searched the man and his car.

(C) Yes, the man should be deemed to have waived his right to challenge the search when he failed to object to the frisking.

(D) No, reliable information alone, absent any proof beyond reasonable doubt that the man was actually committing an offense, will not validate the search.

(83) A law interfering with the rights of the person meets the requirements of substantive due process when

(A) the means employed is not against public policy.

(B) it is in accord with the prescribed manner of enforcement as to time, place, and person.

(C) all affected parties are given the chance to be heard.

(D) the interest of the general public, as distinguished from those of a particular case, requires such interference.

(84) A judge of the Regional Trial Court derives his powers and duties from

(A) statute.

(B) the President, the appointing power.

(C) Supreme Court issuances.

(D) the rules of court.

(85) When an elective official's preventive suspension will result in depriving his constituents of his services or representation, the court may

(A) require the investigating body to expedite the investigation.

(B) hold in abeyance the period of such suspension.

(C) direct the holding of an election to fill up the temporary vacancy.

(D) shorten the period of such suspension.

(86) When the State requires private cemeteries to reserve 10% of their lots for burial of the poor, it exercises its

(A) eminent domain power.

(B) zoning power.

(C) police power.

(D) taxing power.

(87) In the valid exercise of management prerogative consistent with the company's right to protect its economic interest, it may prohibit its employees from

(A) joining rallies during their work shift.

(B) marrying employees of competitor companies.

(C) publicly converging with patrons of competitor companies.

(D) patronizing the product of competitor companies.

(88) The President issued an executive order directing all department heads to secure his consent before agreeing to appear during question hour before Congress on matters pertaining to their departments. Is the executive order unconstitutional for suppressing information of public concern?

(A) No, because those department heads are his alter egos and he is but exercising his right against self-incrimination.

(B) Yes, the President cannot control the initiative of the department heads to conform with the oversight function of Congress.

(C) Yes, the President cannot withhold consent to the initiative of his department heads as it will violate the principle of check and balance.

(D) No, the President has the power to withhold consent to appearance by his department heads during question hour.

(89) When the President contracted a personal loan during his incumbency, he may be sued for sum of money

(A) during his term of office.

(B) during his tenure of office.

(C) after his term of office.

(D) after his tenure of office.

(90) The Senate Blue Ribbon Committee summoned X, a former department secretary, to shed light on his alleged illicit acquisition of properties claimed by the Presidential Commission on Good Government. X sought to restrain the Committee from proceeding with its investigation because of a pending criminal case against him before the Sandiganbayan for ill-gotten wealth involving the same properties. Decide. The investigation may

(A) not be restrained on ground of separation of powers.

(B) be restrained on ground of prejudicial question.

(C) not be restrained on ground of presumed validity of legislative action.

(D) be restrained for being sub judice.

(91) A government that actually exercises power and control as opposed to the true and lawful government is in terms of legitimacy

(A) a government of force.

(B) an interim government.

(C) a de facto government.

(D) an illegitimate government.

(92) The Special Committee on Naturalization is headed by

(A) the Secretary of Justice.

(B) the Secretary of Foreign Affairs.

(C) the National Security Adviser.

(D) the Solicitor General.

(93) The President issued Proclamation 9517 declaring a state of emergency and calling the armed forces to immediately carry out necessary measures to suppress terrorism and lawless violence. In the same proclamation, he directed the government's temporary takeover of the operations of all privately owned communication utilities, prescribing reasonable terms for the takeover. Is the takeover valid?

(A) Yes, it is an implied power flowing from the President's exercise of emergency power.

(B) No, it is a power reserved for Congress alone.

(C) Yes, subject to ratification by Congress.

(D) No, it is a power exclusively reserved for the People's direct action.

(94) A candidate for Senator must be at least 35 years old on

(A) the day he is duly proclaimed.

(B) the day the election is held.

(C) the day he files his certificate of candidacy.

(D) the day he takes his oath of office.

(95) The Office of the Special Prosecutor may file an information against a public officer for graft

(A) on its own initiative subject to withdrawal of the information by the Ombudsman.

(B) independently of the Ombudsman, except in plunder cases.

(C) only when authorized by the Ombudsman.

(D) independently of the Ombudsman.

(96) Since the Constitution is silent as to who can appoint the Chairman of the Commission on Human Rights, the President appointed W to that position without submitting his appointment to the Commission on Appointments for confirmation. Is W’s appointment by the President valid?

(A) No, since the position of Chairman of the Commission was created by statute, the appointment of its holder requires the consent of Congress.

(B) Yes, since the power to appoint in the government, if not lodged elsewhere, belongs to the President as Chief Executive.

(C) Yes, since the power to fill up all government positions mentioned in the Constitution has been lodged in the President.

(D) No, because absent any express authority under the Constitution, the power to appoint does not exist.

(97) The Chief Justice appointed X, the President’s sister, as Assistant Court Administrator in the Supreme Court during the President's tenure. Claiming that the Constitution prohibits the appointment in government of a President’s relative, a taxpayer asks for its nullification. Will the challenge prosper?

(A) Yes, since the appointment essentially violates the law against nepotism.

(B) Yes, because relatives of the President within the fourth civil degree cannot be appointed as heads of offices in any department of government.

(C) No, X's appointment, although in the government, is not in the Executive Department that the President heads.

(D) No, the position to which X was appointed is not among those prohibited under the Constitution.

(98)May an incumbent Justice of the Supreme Court be disbarred as a lawyer?

(A) No, it will amount to removal.

(B) No, his membership in the bar is secure.

(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.