2011 Bar Examination Questionnaires
1. Filipino citizenship may be acquired through judicialnaturalization only by an alienA. born, raised, and educated in the Philippines who hasall the qualifications and none of the disqualifications tobecome a Filipino citizen.B. who has all the qualifications and none of thedisqualifications to become a Filipino citizen.C. born and raised in the Philippines who has all thequalifications and none of the disqualifications tobecome a Filipino citizen.D. whose mother or father is a naturalized Filipino andwho himself is qualified to be naturalized.2. Jax Liner applied for a public utility bus service from Bacolodto Dumaguete from the Land Transportation Franchising andRegulatory Board (LTFRB). BB Express opposed. LTFRB ruledin favor of Jax. BB appealed to the Secretary of the Departmentof Transportation and Communication (DOTC), who reversedthe LTFRB decision. Jax appealed to the Office of the Presidentwhich reinstated the
LTFRB’s ruling. BB Express went to the
Court of Appeals on certiorari questioning the decision of theOffice of the President on the ground that Office of the Presidenthas no jurisdiction over the case in the absence of any lawproviding an appeal from DOTC to the Office of the President.Will the petition prosper?A. No, exhaustion of administrative remedies up to thelevel of the President is a pre-requisite to judicialrecourse.B. No, the action of the DOTC Secretary bears only theimplied approval of the President who is not precludedfrom reviewing the decision of the former.C. Yes, when there is no law providing an appeal to theOffice of the President, no such appeal may bepursued.D. Yes, the doctrine of qualified political agency rendersunnecessary a further appeal to the Office of thePresident.3. Where A is set for promotion to Administrative Assistant IIIand B to the post of Administrative Assistant II vacated by A, theappointing authority mustA. submit to the CSC the two promotional appointmentstogether for approval.B.
not appoint B until the CSC has approved A’s
appointment.C. submit to the Civil Service Commission (CSC) thesecond appointment after its approval of the first.D. simultaneously issue the appointments of A and B.4. When a witness is granted transactional immunity inexchange for his testimony on how his immediate superiorinduced him to destroy public records to cover up the latter's actof malversation of public funds, the witness may NOT beprosecuted forA. 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, wa
s administrativelycharged with grave misconduct and preventively suspendedpending investigation. The head of office found him guilty ascharged and ordered his dismissal. The decision against himwas executed pending appeal. The Civil Service Commission(CSC) subsequently found him guilty and after considering anumber of mitigating circumstances, reduced his penalty to onlyone month suspension. Is Mario entitled to back salaries?A. Yes, the reduction of the penalty means restoration ofhis right to back salaries.B. No, the penalty of one month suspension carries with itthe forfeiture of back salaries.C. No, he is still guilty of grave misconduct, only thepenalty was reduced.D. Yes, corresponding to the period of his suspensionpending appeal less one month.6. Althea, a Filipino citizen, bought a lot in the Philippines in1975. Her predecessors-in-interest have been in open,continuous, exclusive and notorious possession of the lot since1940, in the concept of owner. In 1988, Althea became anaturalized Australian citizen. Is she qualified to apply forregistration of the lot in her name?A. Yes, provided she acquires back her Filipinocitizenship.B. No, except when it can be proved that Australia has acounterpart domestic law that also favors formerFilipino citizens residing there.C. Yes, the lot is already private in character and as aformer natural-born Filipino, she can buy the lot andapply for its registration in her name.D. No, foreigners are not allowed to own lands in thePhilippines.7. The privacy of communication and correspondence shall beinviolable except upon lawful order of the court or whenA. public safety or public health requires otherwise asprescribed by law.B. dictated by the need to maintain public peace andorder.C. public safety or order requires otherwise as prescribedby law.D. public safety or order requires otherwise as determinedby the President.