2012 BAR EXAMINATIONS POLITICAL AND INTERNATIONAL LAW 7 October 2012 Set A MULTIPLE CHOICE QUESTIONS (MCQs) INSTRUCTIONS

The following questionnaire consists of one hundred 100! M"#s nu$bered 1 u% to 100 contained in T&'(T) T&O 22! %ages. Answer each question on the M"# Answer *heet b+ shading co$%letel+ the a%%ro%riate circle corres%onding to the letter +ou ha,e chosen. -ead the Mar.ing /nstructions on the Answer *heet! A,oid erasures on the Answer *heet. /f +ou need to $a.e corrections0 erase co$%letel+ the answer +ou want to change. 1o not e2%lain +our answers in the M"# %ortion of the e2a$. )ou will not earn an+ credit for that. 3ee% the Answer *heet clean. 1o not $a.e unnecessar+ $ar.s on it. 1o not fold0 roll0 scratch0 cru$%le or tear it. )ou $a+ write on the questionnaire and use it as scratch %a%er but $a.e sure to transfer +our answer to the Answer *heet. 4ro,ide a$%le ti$e to transfer the answers if +ou choose to do this. Answer first the M"#s co$%letel+ before going to the essa+-t+%e questions. 5A(1 /( )O6- A(*&'- *5''T. T5'-' /* (O (''1 TO -'T6-( T5/* #6'*T/O((A/-' TO T5' 5'A1 &AT"5'-. 7OO186"3999 ::::::::::::::::::::::::::::::::::::: MARTIN S. VILLARAMA, R. Chairperson 2012 Bar Examinations Committee PLEASE CHEC! THAT THIS SET CONTAINS TWENT" THREE (2#) PA$ES (INCLUDIN$ THIS PA$E). WARNIN$% NOT &OR SALE OR UNAUTHORI'ED USE 8:00 A.M. - 10 A.M.

POLITICAL AND INTERNATIONAL LAW 1. "onstitution is defined b+ "oole+ as: a. a bod+ of statutor+0 ad$inistrati,e and %olitical %ro,isions b+ which the three branches of go,ern$ent are defined; b. a bod+ of rules and $a2i$s in accordance with which the %owers of so,ereignt+ are habituall+ e2ercised; c. a bod+ of rules and edicts e$anating fro$ the rulings of courts and written guidelines of the e2ecuti,e and the legislature b+ which go,ern$ent is go,erned; d. a bod+ of inter%retations and rules b+ which the three branches of go,ern$ent are <udged for %ur%oses of so,ereign co$%liance with good cor%orate go,ernance. 2. The three essential %arts of a "onstitution are: a. the bill of rights0 go,ern$ental organi=ation and functions0 and $ethod of a$end$ent; b. the %rea$ble0 the bill of rights0 and %ro,isions on chec.s and balances; c. the national territor+0 the declaration of %rinci%les and state %olicies0 and the transitor+ %ro,isions; d. the e2ecuti,e de%art$ent0 the legislati,e de%art$ent and the <udiciar+. >. The constitutional %ro,ision on initiati,e and referendu$ is not self-e2ecutor+. This is so because it requires: a. an i$%le$enting resolution fro$ the "OM'8'"; b. an i$%le$enting resolution fro$ the *u%re$e "ourt; c. an i$%le$enting legislation; d. an i$%le$enting resolution fro$ the %art+-list re%resentati,e of the 5ouse of -e%resentati,es. ?. /n an a$end$ent to the constitution b+ @initiati,e and referendu$@0 the @initiati,e@ %hase is $eant that the %eo%le %ro%ose the a$end$ents. There is a ,alid %ro%osal when a %ro%osition has recei,ed the a%%ro,al of: a. at least >A of the %ersons of $a<orit+ age of each district0 and 12A of the registered ,oters of the region fro$ %ro%osal e$anates; b. at least >A of the registered ,oters of each %ro,ince and 12A of the total nu$ber of registered ,oters nationwide;

c. at least >A of the registered ,oters of each district and 12A of the total nu$ber of registered ,oters nationwide; d. $ore than >A of the >A of the registered ,oters of each district but less than 12A of the total nu$ber of registered ,oters nationwide. B. The "onstitution declares that the 4hili%%ines is a re%ublican state. -e%ublicanis$ $eans: a. the for$ of go,ern$ent $ust be %residential; b. the re%resentati,es of the go,ern$ent are elected b+ the %eo%le; c. so,ereignt+ resides in the elected re%resentati,es of the go,ern$ent; d. the for$ of go,ern$ent cannot be changed b+ the %eo%le. C. A chief characteristic of the %residential for$ of go,ern$ent is: a. concentration of %ower in the <udiciar+ thru the %ower of e2%anded <udicial re,iew; b. su%re$ac+ of the %residenc+ co$%ared to the totalit+ of %owers of the legislati,e; c. regular %eriodic election of the 4resident for a fi2ed ter$; d. unli$ited ter$ for the 4resident for as long as elected b+ the %eo%le in free and honest elections. 7. &hich of the following best e2e$%lifies how the s+ste$ of chec.s and balances is carried out: a. the legislature %asses a law that %rohibits the %resident fro$ co$$uting a <udiciar+ i$%osed sentence0 as a chec. of the %resident; b. the 4resident %ardons a con,ict as a wa+ to set aside or $odif+ a <udg$ent of the <udiciar+; c. the <udiciar+ o,erturns a %ardon granted b+ the 4resident as a chec. on e2ecutions; d. the 4resident %ardons an accused after arraign$ent in the interest of <ustice. 8. &hich %hrase best co$%letes the state$ent D The starting %oint of the %rinci%le of se%aration of %owers is the assu$%tion of the di,ision of the functions of go,ern$ent into three distinct classes: a. the bill of rights0 state %olicies0 and social <ustice and hu$an rights; b. the accountabilit+ of %ublic officers0 the constitutional co$$issions0 and the national econo$+ and %atri$on+;

c. the self-e2ecuting %ro,isions0 the non-self-e2ecuting %ro,isions0 and the self-e,ident social <ustice %ro,isions; d. the e2ecuti,e0 the legislati,e0 and the <udicial. E. The "onstitution %ro,ides that the @se%aration of church and state shall be in,iolable.@ This is i$%le$ented $ost b+ the constitutional %rinci%les e$bodied in: a. the free e2ercise clause; b. the non-establish$ent clause; c. the freedo$ of religious belief clause; d. the freedo$ of religion clause. 10. &hich one of the following is a non-self-e2ecuting %ro,ision of the "onstitution: a. no law shall be %assed abridging the freedo$ of s%eech; b. no law shall be $ade res%ecting an establish$ent of religion; c. no %erson shall be held to answer for a cri$inal offense without due %rocess of law; d. the state shall encourage and su%%ort researches and studies on the arts and culture. 11. Fasic 4hili%%ine law0 in res%ect of the $odes of acquiring citi=enshi%0 follows the rule s! of: a. <us soli and <us sanguinis; b. naturali=ation and %ro,ides for <us soli; c. <us sanguinis and %ro,ides for naturali=ation; d. none of the abo,e. 12. 1ual allegiance b+ citi=en is: a. ini$ical to the national interest and is therefore %roscribed b+ law; b. ini$ical to the national interest and is therefore %rescribed b+ law; c. ini$ical to the national interest and therefore shall be dealt with b+ law; d. ini$ical to the national interest and is therefore outside of co,erage of law. 1>. Margarita was born in 1E8C to a Gili%ino $other and *wedish father. *he has been li,ing and continues to li,e in the 6* for the last 20 +ears and has also

been naturali=ed as a 6* citi=en. *he recentl+ reacquired 4hili%%ine citi=enshi% under -A E22B0 the "iti=enshi% -etention and -eacquisition Act of 200>. "an Margarita ,ote in the ne2t national electionsH a. )es. 1ual citi=ens who are not residents $a+ register under the O,erseas Absentee Ioting 8aw. b. )es. Margarita is a Gili%ino citi=en and thus $a+ en<o+ the right to suffrage li.e e,er+one else without registering as an o,erseas absentee ,oter. c. (o. Margarita fails the residenc+ require$ent under *ection 10 Article I of the "onstitution for Gili%inos. d. (o. 1ual citi=ens u%on renunciation of their Gili%ino citi=enshi% and acquisition of foreign citi=enshi%0 ha,e %racticall+ and legall+ abandoned their do$icile and se,ered their legal ties to their ho$eland as a consequence. 1?. /dentif+ which one is an in,alid e2ercise of the legislati,e %ower: a. legislation b+ local go,ern$ent on %urel+ local $atters; b. law granting an ad$inistrati,e agenc+ the %ower to define %olic+ and fi2 standards on %rice control; c. law authori=ing the 4resident0 in ti$es of war or other national e$ergenc+0 for a li$ited %eriod0 sub<ect to %rescribed restrictions0 to e2ercise %owers necessar+ and %ro%er to carr+ out a declared national %olic+; d. law authori=ing the 4resident to fi20 within s%ecific li$its0 tariff rates0 i$%ort and e2%ort quotas0 and other duties0 within the fra$ewor. of the national de,elo%$ent %rogra$ of the go,ern$ent. 1B. &hich one of the following theories does not su%%ort the ,alid delegation of authorit+ b+ the "ongress to an ad$inistrati,e agenc+: a. an ad$inistrati,e agenc+ $a+ @fill u% the details@ of a statute; b. the legislature $a+ lea,e to another bod+ the ascertain$ent of facts necessar+ to bring the law into actual o%eration; c. an ad$inistrati,e agenc+ has equal e2%ertise with the legislature in crafting and i$%le$enting laws; d. contingent legislation. 1C. The rule in Article I10 *ection B >! of the "onstitution that @'ach legislati,e district shall co$%rise0 as far as %racticable0 contiguous0 co$%act and ad<acent territor+@ is a %rohibition against:

a. re-a%%ortion$ent; b. co$$andeering of ,otes; c. gerr+$andering; d. re-districting. 17. Article I10 *ection B >! of the "onstitution requires that for a cit+ to be entitled to ha,e at least one re%resentati,e0 its %o%ulation shall be at least: a. 2B00000; b. 1B00000; c. 1000000; d. 17B0000. 18. A *enator or Me$ber of the 5ouse of -e%resentati,es shall be %ri,ileged fro$ arrest while "ongress is in session for all offenses %unishable b+ i$%rison$ent of not $ore than: a. life i$%rison$ent; b. reclusion %er%etua; c. si2 +ears i$%rison$ent; d. four +ears i$%rison$ent. 1E. (o *enator or $e$ber of the 5ouse of -e%resentati,es $a+ %ersonall+ a%%ear as counsel before: a. an+ regional court; b. an+ court of <ustice; c. an+ inferior court; d. an+ a%%ellate court. 20. &hich of the following can be changed b+ an ordinar+ law enacted b+ "ongressH a. "o$$ence$ent of the ter$ of office of *enators; b. 1ate of regular election for 4resident and Iice 4residential; c. Authorit+ to transfer a%%ro%riation; d. -egular election of the $e$bers of "ongress.

21. "ongress shall ha,e the sole %ower to declare the e2istence of a state of war b+ ,ote of: a. three-fourths of both 5ouses in <oint session asse$bled0 ,oting <ointl+; b. two-thirds of both 5ouses in <oint session asse$bled0 ,oting <ointl+; c. two-thirds of both 5ouses in se%arate session asse$bled0 ,oting <ointl+; d. two-thirds of both 5ouses in <oint session0 ,oting se%aratel+. 22. /f b+ the end of an+ fiscal +ear0 the "ongress shall ha,e failed to %ass the general a%%ro%riations bill for the ensuring fiscal +ear0 the general a%%ro%riations law for the %receding fiscal +ear shall be dee$ed: a. referred; b. unacted; c. refilled; d. re-enacted. 2>. 4ro,isions unrelated to an a%%ro%riation bill are considered %rohibited. These are called: a. interlo%ers; b. riders; c. outriggers; d. add-ons. 2?. The require$ent that @',er+ bill shall e$brace onl+ one sub<ect which shall be e2%ressed in the title thereof@ %re,ents: a. rollercoaster legislation; b. log-rolling legislation; c. rolling fields legislation; d. loggerhead legislation. 2B. The %ower of the 4resident to ,eto an+ %articular %art in an a%%ro%riation re,enue0 or tariff bill0 is called the: a. s%ecific ,eto; b. re,enue ,eto; c. ite$ ,eto;

d. $onetar+ ,eto. 2C. A ta2 is %rogressi,e when: a. the rate fluctuates as the ta2 base decreases; b. the rate increases as the ta2 base re$ains the sa$e; c. the rate increases as the ta2 base increases; d. the rate decreases as the ta2 base increases. 27. &hen the *u%re$e "ourt sits en banc0 cases are decided b+ the concurrence of a $a<orit+ of the $e$bers who: a. actuall+ sent in $e$os on $atters for deliberation and called in their ,otes thereon; b. actuall+ %artici%ated in the oral argu$ents and ,oted thereon; c. actuall+ too. %art in the deliberations on the issues in the case and ,oted thereon; d. actuall+ too. %art in the ,oting thereon and too. notes on the actual deliberations. 28. &hen the *u%re$e "ourt sits in di,ision0 cases can be decided b+ as few as a $ini$u$ of: a. three ,otes; b. four ,otes; c. fi,e ,otes; d. si2 ,otes. 2E. A %erson who has a %ersonal and substantial interest in the case0 such that he has sustained0 or will sustain0 direct in<ur+ as a result of its enforce$ent is considered to ha,e: a. understanding to challenge the go,ern$ental act; b. standing to challenge the go,ern$ental act; c. o%%ortunit+ to challenge the go,ern$ental act; d. fa$iliarit+ to challenge the go,ern$ental act. >0. "ongress$an *ugar Oll authored a bill called 5ouse Fill (o0 00BC which legali=es <ueteng. &hen the Fill beca$e law -A 101BC!0 Gr. (osu 7al0 a %riest0 filed a %etition see.ing for the nullification of -A 101BC on the ground that it is unconstitutional as it ,iolates *ection 1>0 Article //0 of the 1E87 "onstitution which states that @The state recogni=es the ,ital role of the +outh

in nation-building and shall %ro$ote and %rotect their %h+sical0 $oral0 s%iritual0 intellectual0 and social well-being@. Gr. 7al filed the %etition as a concerned citi=en and as ta2%a+er. 1oes Gr. 7al ha,e locus standiH a. (o0 because Gr. 7al has no %ersonal and substantial interest that will be %re<udiced b+ the i$%le$entation of the law; b. (o0 the law concerns neither citi=ens nor e2%enditure of %ublic funds; c. )es0 because the issue is of transcendental i$%ortance; d. )es0 because as %riest0 Gr. 7al has s%ecial interest in the well-being of the +outh. >1. &here there is @the i$%ossibilit+ of a courtJs underta.ing inde%endent resolution without e2%ressing lac. of the res%ect due coordinate branches of go,ern$ent; or an unusual need for unquestioning adherence to a %olitical decision alread+ $ade; or the %otentiall+ of e$barrass$ent fro$ $ultifarious %ronounce$ent b+ ,arious de%art$ents on a question0@ describes what .ind of %olitical question: a. adherence .ind; b. %rudential .ind; c. res%ectful .ind; d. deference .ind. >2. The @o%erati,e fact@ doctrine of constitutional law is a%%lied when a law is declared: a. o%erati,e; b. factual; c. constitutional; d. unconstitutional. >>. The totalit+ of go,ern$ental %ower is contained in three great %owers: a. %olice %ower0 %ower of sequestration0 %ower of foreign %olic+; b. %ower of i$$igration0 $unici%al %ower0 legislati,e %ower; c. e2ecuti,e %ower0 legislati,e %ower0 <udicial %ower; d. %olice %ower0 %ower of e$inent do$ain0 %ower of ta2ation. >?. The $ost essential0 insistent and the least li$itable of go,ern$ent! %owers0 e2tending as it does to all the great %ublic needs0 is: a. e$ergenc+ %ower;

b. %olice %ower; c. legislati,e %ower; d. %ower to declare $artial law. >B. >B. /n the hierarch+ of ci,il liberties0 which right occu%ies the highest %referred %osition: a. right to acade$ic freedo$; b. right to a balanced and healthful ecolog+; c. right to freedo$ of e2%ression and of asse$bl+; d. right to equal health. >C. /n which of the following would there be no double <eo%ard+ e,en if a subsequent case is filedH a. 4ot is accused before the -T" of qualified theft. After innu$erable %ost%one$ents against 4otJs wishes0 he $o,es for dis$issal for denial of the right to a s%eed+ trial. 4rosecutor ob<ected. 1is$issal granted; b. 4ot is accused before the -T" of qualified theft. After innu$erable %ost%one$ents against 4otJs wishes0 the %rosecutor $o,es for dis$issal with the consent of 4ot. 7ranted; c. 4ot is accused before the -T" of qualified theft. After innu$erable %ost%one$ents against 4otJs wishes0 he $o,es for dis$issal for denial of the right to a s%eed+ trial. 4rosecutor %osts no ob<ections. 1is$issal granted; d. 4ot is accused before the -T" of qualified theft. After innu$erable %ost%one$ents against 4otJs wishes0 the %rosecutor $o,es for dis$issal o,er the ob<ections of 4ot. 7ranted. >7. 6nder Article ///0 *ection 2 of the Fill of -ights0 which %ro,ides for the e2clusion of e,idence that ,iolate the right to %ri,ac+ of co$$unication and corres%ondence0 to co$e under the e2clusionar+ rule0 the e,idence $ust be obtained b+: a. %ri,ate indi,iduals acting on their own; b. go,ern$ent agents; c. %ri,ate indi,iduals acting on orders of su%eriors; d. for$er high go,ern$ent officials. >8. The co$%le$enting regi$e that best characteri=es the guarantees of freedo$ of s%eech and of the %ress are:

a. %rior %unish$ent and $oderate %unish$ent; b. %rior censorshi% and subsequent re$edies; c. no %rior restraint and subsequent %unish$ent; d. no %rior restraint and no subsequent %unish$ent. >E. The free e2ercise and non-establish$ent clauses %ertain to which right under the Fill of -ights: a. libert+ of $o,e$ent; b. libert+ of abode; c. religion; d. life and libert+. ?0. The 7angna$ *t+leJs &itnesses whose tenets are derogator+ to the "atholic "hurch!0 a%%lied for a %er$it to use the %ublic %la=a and .ios. to hold their religious $eeting on the occasion of their founding anni,ersar+. Ma+or 8ebron allowed the$ to use the northwestern %art of the %la=a but not the .ios. which is a few $eters awa+ fro$ the "atholic church!. Me$bers of the 7angna$ *t+le &itnesses clai$ that the act of Ma+or 8ebron is a ,iolation of their freedo$ of asse$bl+ and religion. /s this correctH a. (o0 because this is ,alid e2ercise of %olice %ower; b. )es0 because the %la=a being of %ublic use can be used b+ an+bod+ regardless of religious belief; c. (o0 because historical e2%erience shows that %eace and order $a+ be disturbed whene,er two o%%osing religious grou%s or beliefs e2%ound their dog$as; d. )es0 because there is no clear and %resent danger in holding a religious $eeting b+ another religious grou% near a catholic church. ?1. &hich one is (OT a recogni=ed li$itation to the right to infor$ation on $atters of %ublic concern: a. national securit+ $atters; b. trade secrets and ban.ing transactions; c. cri$inal $atters or classified law enforce$ent $atters; d. go,ern$ent research data used as a basis for %olic+ de,elo%$ent. ?2. &hich one of the following circu$stances is (OT an ele$ent of ta.ing under e$inent do$ain:

a. entering u%on %ublic %ro%ert+ for a $o$entar+ %eriod; b. under color of legal authorit+; c. de,oting it to %ublic use; d. as substantiall+ to cust the owner of all beneficial ownershi%. ?>. Mar.et ,alue for %ur%oses of deter$ining <ust co$%ensation in e$inent do$ain has been described as the fair ,alue of %ro%ert+: a. between one who desires to %urchase and one does not desire to sell; b. between one who desires to %urchase and one who wants to dela+ selling; c. between one who desires to %urchase and one who desires to sell; d. between one who desires to %urchase on ter$s and one who desires to sell after a %eriod of ti$e. ??. 6nder Article ///0 *ection 12 of the "onstitution0 an+ %erson under in,estigation for the co$$ission of an offense shall ha,e the right to be infor$ed of his right to re$ain silent0 etc. The in,estigation referred to is called: a. %reli$inar+ in,estigation; b. su$$ar+ in,estigation; c. cri$inal in,estigation; d. custodial in,estigation. ?B. All %ersons charged shall0 before con,iction0 be bailable b+ sufficient sureties0 e2ce%t those charged with: a. offenses %unishable b+ death when e,idence of guilt is strong; b. offenses %unishable b+ life i$%rison$ent when e,idence of guilt is strong; c. offenses %unishable b+ death when e,idence of guilt is wea.; d. offenses %unishable b+ reclusion %er%etua when e,idence of guilt is strong. ?C. "ri$inal trial $a+ %roceed0 notwithstanding the absence of the accused %ro,ided that he has been dul+ notified0 and his failure to a%%ear is un<ustifiable0 after: a. %reli$inar+ in,estigation; b. arraign$ent;

c. sentencing; d. %rosecution has rested its case. ?7. The requisites of a ,alid trial in absentia e2clude: a. &herein hisKher failure to a%%ear is un<ustifiable; b. &herein heKshe allows hi$selfKherself to be identified b+ the witness in hisKher absence0 without further unqualified ad$itting that e,er+ ti$e a witness $entions a na$e b+ which heKshe is .nown0 it shall be understood to refer to hi$Kher; c. &herein heKshe has been dul+ notified of the trial; d. &herein the accused has alread+ been arraigned. ?8. The %ri,ilege of the writ of habeas cor%us shall not be sus%ended e2ce%t in cases of: a. i$$inent danger of in,asion or rebellion when the %ublic safet+ requires it; b. gra,e danger of in,asion or rebellion when the %ublic safet+ requires it; c. clear and %resent danger of in,asion or rebellion when the %ublic safet+ requires it; d. in,asion or rebellion when the %ublic safet+ requires it. ?E. The right of the accused against self-incri$ination will be ,iolated if: a. he is charged with ,iolation of the Anti-Mone+ 8aundering Act and he was required to %roduce his ban. %assboo.; b. he is a %ublic officer charged with a$assing ill-gotten wealth and his state$ent of assets and liabilities will be %resented as e,idence; c. his gun was sub<ected to a ballistics test; d. a sa$%le of his blood was ta.en if his blood t+%e $atches the blood t+%e found at the scene of the cri$e. B0. The death %enalt+ shall not be i$%osed: a. unless for co$%elling reasons in,ol,ing death %enalt+ cri$es and the e2ecuti,e hereafter %ro,ides for it; b. unless for co$%elling reasons in,ol,ing heinous cri$es and a constitutional a$end$ent %ro,ides for it; c. unless for co$%elling reasons in,ol,ing heinous cri$es and "ongress hereafter %ro,ides for it;

d. unless for co$%elling reasons in,ol,ing heinous cri$es and the *u%re$e "ourt hereafter u%holds it. B1. An e2 %ost facto law has been defined as one: a. which aggra,ates a cri$e or $a.es it lesser than when it was co$$itted; b. which $itigates a cri$e or $a.es it lesser than when it was co$$itted; c. which aggra,ates a cri$e or $a.es it greater than when it was co$$itted; d. which aggra,ates a cri$e or $a.es it non-cri$inal after it was co$$itted. B2. A bill of attainder is: a. an e2ecuti,e act which inflicts %unish$ent without tender; b. a <udicial act which inflicts %unish$ent without tender; c. a legislati,e act which inflicts %unish$ent without trial; d. a legislati,e act which %ardons %unish$ent after tender. B>. &hich one of the following is (OT an inde%endent "onstitutional "o$$ission under Article /L0 *ection 1 of the "onstitution: a. "o$$ission on 'lections; b. "o$$ission on 5u$an -ights; c. "i,il *er,ice "o$$ission; d. "o$$ission on Audit. B?. The inde%endent "onstitutional "o$$issions en<o+: a. decisional autono$+; b. organi=ational autono$+; c. fiscal autono$+; d. quasi-<udicial autono$+. BB. The "i,il *er,ice shall be ad$inistered b+ the "i,il *er,ice "o$$ission co$%osed of a: a. "hair$an and a "o$$issioner; b. "hair$an and two 2! "o$$issioners;

c. "hair$an and three >! "o$$issioners; d. "hair$an and four ?! "o$$issioners. BC. /n O%osa ,s. Gactoran0 Mr.0 7.-. (o. 10108>0 Mul+ >00 1EE>0 the *u%re$e "ourt held that the %ersonalit+ of the %etitioners to sue is based on the conce%t of: a. ecological res%onsibilit+; b. en,iron$ental accountabilit+; c. intergenerational res%onsibilit+; d. interdisci%linar+ res%onsibilit+. B7. /n a unitar+ s+ste$ of go,ern$ent0 such as the go,ern$ent under the 4hili%%ine "onstitutor0 local go,ern$ent can onl+ be: a. an i$%erui$ in i$%erio; b. an infa-so,ereign subdi,ision; c. a so,ereign nation; d. a so,ereign entit+. B8. &hich one is (OT a$ong the "onstitutionall+ $andated grounds for i$%each$ent of i$%eachable officials: a. cul%able ,iolation of the "onstitution; b. treason0 briber+0 graft and corru%tion and other high cri$es; c. betra+al of %ublic trust; d. cul%able ,iolation of the dut+ to be at all ti$es accountable to the %eo%le. BE. &hich is (OT an i$%eachable %ublic officer: a. a <ustice of the *u%re$e "ourt; b. a co$$issioner of the "o$elec; c. the ad$inistrator of the *u%re$e "ourt; d. the O$buds$an. C0. &hich has the e2clusi,e %ower to initiate all cases of i$%each$ent: a. the *enate; b. the 5ouse of -e%resentati,es;

c. the *enate 4resident; d. the *%ea.er of the 5ouse of -e%resentati,es. C1. At least one-third of all the $e$bers of the 5ouse of -e%resentati,es $a+ file articles of i$%each$ent b+: a. ,erified bill and resolution; b. ,erified co$%laint and resolution; c. ,erified notice and resolution; d. ,erified co$%laint and notice. C2. The 4resident cannot grant %ardon in cases of i$%each$ent. 5e $a+ howe,er e2ercise such %ower when: a. A %erson con,icted in an i$%each$ent %roceeding is sub<ect to %rosecution0 trial and %unish$ent in an ordinar+ cri$inal action; b. A %erson con,icted in an i$%each$ent %roceeding is granted an absolute %ardon; c. A %erson con,icted in an i$%each$ent %roceeding files his a%%eal before the *u%re$e "ourt; d. (one of the abo,e. C>. A %ublic officer i$%eached and re$o,ed fro$ office shall: a. ne,ertheless be i$$ure fro$ %rosecution0 trial and %unish$ent according to law; b. ne,ertheless be liable and sub<ect to %rosecution0 trial and %unish$ent under the Anti-7raft and "orru%t 4ractices Act; c. ne,ertheless be liable and sub<ect to %rosecution0 trial and %unish$ent according to law; d. ne,ertheless be liable and sub<ect to %rosecution0 trial and %unish$ent onl+ for cri$inal acts under the law. C?. The O$buds$an and his de%uties are a%%ointed b+ the 4resident fro$ a list %re%ared b+: a. the /ntegrated Far of the 4hili%%ines; b. the "o$$ission on A%%oint$ents; c. the Mudicial and Far "ouncil; d. the *u%re$e "ourt.

CB. *A8( $eans: a. *u$$ar+ of assets0 liabilities and net worth; b. *tate$ent of assets in ban.s0 liabilities and net worth; c. *tate$ent of assets0 liabilities and net worth; d. *tate$ent of %ersonal assets0 liabilities and net worth. CC. The inde%endent econo$ic %lanning agenc+ of the 7o,ern$ent as %ro,ided for b+ the "onstitution is the: a. (ational 4ri,ati=ation Office; b. (ational 4roducti,it+ "o$$ission; c. (ational 'cono$ic 1e,elo%$ent Authorit+; d. (ational 'cono$ic "ouncil. C7. The /nde%endent "entral Monetar+ Authorit+ of the 7o,ern$ent is the: a. Fan.ers Association of the 4hili%%ines; b. 4hili%%ine Mission of the /nternational Monetar+ Gund; c. "entral Fan. of the 4hili%%ines; d. &orld Fan.0 4hili%%ine Affiliate. C8. The 4resident $a+ contract or guarantee foreign loans on behalf of the -e%ublic of the 4hili%%ines onl+ u%on %rior concurrence of the: a. 5ouse of -e%resentati,es; b. *enate; c. "entral Fan.; d. Monetar+ Foard. CE. Fona fide associations of citi=ens which de$onstrate ca%acit+ of %ro$ote the %ublic interest and with identifiable leadershi%0 $e$bershi%0 and structure are: a. inde%endent %art+-list organi=ations; b. inde%endent sectoral organi=ations; c. inde%endent indigenous organi=ations; d. inde%endent %eo%leJs organi=ations. 70. The %rinci%al function of the "o$$ission on 5u$an -ights is:

a. issue writs of in<unctionK restraining orders; b. in,estigator+; c. quasi-<udicial; d. rule-$a.ing. 71. O%tional religious instruction in %ublic ele$entar+ and high schools is allowed %ro,ided it be: a. without additional o,erti$e cost to 7o,ern$ent; b. without additional cost to 7o,ern$ent; c. without additional cost for religious boo.s to 7o,ern$ent; d. without additional %ower consu$%tion costs to 7o,ern$ent. 72. Acade$ic freedo$ shall be en<o+ed: a. in all %ublic institutions; b. in all ele$entar+ and high schools; c. in all schools; d. in all institutions of higher learning. 7>. 6nder Article >8 1! of the *tatute of the /nternational "ourt of Mustice0 which one of the following is (OT considered a source of international law: a. international con,entions; b. international custo$; c. international hu$anitarian law; d. general %rinci%les of law. 7?. /n international law0 it is a nor$ which *tates cannot derogate or de,iate fro$ their agree$ents: a. terra nullius; b. o%inio <uris; c. <us cogens; d. <us cogentus. 7B. /n international law0 the status of an entit+ as a *tate is acce%ted b+ other *tates through this act. /t is the @act b+ which another *tate ac.nowledges that the %olitical entit+ recogni=ed %ossesses the attributes of statehood.@

a. accession; b. recognition; c. ac.nowledg$ent; d. attribution. 7C. An act or %rocess b+ which a *tate0 in co$%liance with a for$al de$and or request0 surrenders to another *tate an alleged offender or fugiti,e cri$inal who has sought refuge in the territor+ of the first *tate0 in order to stand trial or co$%lete his %rison ter$: a. e2tra$ediation; b. e2terrertiorialit+; c. e2tradition; d. e2traterritorialit+. 77. This doctrine considers the general or custo$ar+ nor$s of international law as a %art of $unici%al law and are to be enforced as such0 without regard as to whether the+ are enacted as statutor+ or legislati,e rules or not: a. accession; b. incor%oration; c. accretion; d. ado%tion. 78. 6nder the 6nited (ations "onference of the 8aw of the *ea 6("8O*!0 the e2tent of the contiguous =one is: a. > nautical $iles fro$ the lowest water $ar.; b. 12 $iles fro$ the outer li$its; c. 12 $iles fro$ the lowest water $ar.; d. 200 $iles fro$ the outer li$its. 7E. /t is a line fro$ which the breadth of the territorial sea and other $ariti$e =ones is $easured: a. contiguous line; b. econo$ic line; c. baseline; d. archi%elagic line.

80. /t is a $ariti$e =one ad<acent to the territorial seas where the coastal state $a+ e2ercise certain %rotecti,e <urisdiction: a. baseline =one; b. contiguous =one; c. transit =one; d. a%%urtenant =one. 81. Futcho+ installed a <u$%er cable. 5e was %rosecuted under a Ma.ati ordinance %enali=ing such act. 5e $o,ed for its dis$issal on the ground that the <u$%er cable was within the territorial <urisdiction of Mandalu+ong and not Ma.ati. The case was dis$issed. The "it+ of Mandalu+ong thereafter filed a case against hi$ for theft under the -e,ised 4enal "ode -"4!. /s there double <eo%ard+H a. (o. The first <eo%ard+ was ter$inated with his e2%ress consent; b. )es. This is double <eo%ard+ of the second .ind D %rosecution for the sa$e act under an ordinance and a law; c. )es. 5e is %rosecuted for the sa$e offense which has alread+ been dis$issed b+ the "it+ of Ma.ati; d. (o. The second .ind of double <eo%ard+ under *ection 210 Article /// onl+ conte$%lates con,iction or acquittal which could ter$inate a first <eo%ard+. 82. One of the cardinal %ri$ar+ due %rocess rights in ad$inistrati,e %roceedings is that e,idence $ust be @substantial.@ @*ubstantial e,idence@ is: a. less than a $ere scintilla; b. less than %re%onderant scintilla; c. $ore than a glint of scintilla; d. $ore than a $ere scintilla. 8>. A statutor+ %ro,ision requiring the 4resident or an ad$inistrati,e agenc+ to %resent the %ro%osed i$%le$enting rules and regulations of a law to "ongress which b+ itself or through a co$$ittee for$ed b+ it0 retains a @right@ or @%ower@ to a%%ro,e or disa%%ro,e such regulations before the+ $a+ ta.e effect0 is a: a. legislati,e encroach$ent; b. legislati,e ,eto; c. legislati,e o,ersight;

d. legislati,e scrutin+. 8?. &hich one of the enu$eration below does not co$e under the Ad$inistrati,e "ode definition of a @rule@: a. agenc+ state$ent of general a%%licabilit+ that i$%le$ents or inter%rets a law; b. fi2es and describes the %rocedures in or %ractice require$ents of0 an agenc+; c. includes $e$oranda and state$ents concerning internal ad$inistration; d. an agenc+ %rocess for the for$ulation of a final order. 8B. 6nder the Ad$inistrati,e "ode0 @ad<udication@ $eans: a. whole or an+ %art of an+ agenc+ %er$it0 certificate0 or other for$ of %er$ission0 or regulation of the e2ercise of a right or %ri,ilege; b. an agenc+ %rocess for the for$ulation of a final order; c. agenc+ %rocess for the for$ulation0 a$end$ent0 or re%eal of a rule; d. agenc+ %rocess in,ol,ing the grant0 renewal0 denial0 re,ocation or conditioning of a license. 8C. The require$ent of the Ad$inistrati,e "ode on @%ublic %artici%ation@ is that0 if not otherwise required b+ law0 an agenc+ shall: a. in all cases0 %ublish or circulate notices of %ro%osed rules and afford interested %arties the o%%ortunit+ to sub$it their ,iews %rior to the ado%tion of an+ rule; b. in all clear and %ro%er cases0 %ublish or circulate notices of %ro%osed rules and afford interested %arties the o%%ortunit+ to sub$it their ,iews %rior to the ado%tion of an+ rule; c. as far as %racticable0 %ublish or circulate notices of %ro%osed rules and afford the %art+-list %arties the o%%ortunit+ to sub$it their ,iews %rior to the ado%tion of an+ rule; d. as far as %racticable0 %ublish or circulate notices of %ro%osed rules and afford interested %arties the o%%ortunit+ to sub$it their ,iews %rior to the ado%tion of an+ rule. 87. 6nder the Ad$inistrati,e "ode0 in the fi2ing of rates0 no rules or final order shall be ,alid unless: a. the %ro%osed rates shall ha,e been sub$itted to the 6.4. 8aw "enter for %ublication at least two wee.s before the first hearing thereon;

b. the %ro%osed rates shall ha,e been %ublished in the Official 7a=ette at least two wee.s before the final hearing thereon; c. the %ro%osed rates shall ha,e been %ublished in a news%a%er of general circulation at least two wee.s before the first hearing thereon; d. the %ro%osed rates shall ha,e been %ublished in a news%a%er of general circulation at least two wee.s before the final hearing thereon. 88. /n the <udicial re,iew of decisions of ad$inistrati,e agencies0 the Ad$inistrati,e "ode requires that the re,iew shall be $ade: a. on the basis of the %leadings ta.en as a whole; b. on the basis of the record ta.en as a whole; c. on the basis of the e,idence ta.en as a whole; d. on the basis of the $e$oranda ta.en as a whole. 8E. /n the <udicial re,iew of decisions of ad$inistrati,e agencies0 the Ad$inistrati,e "ode requires that0 e2ce%t when s%ecificall+ %ro,ided otherwise b+ law: a. the findings of law of agenc+ when su%%orted b+ substantial e,idence0 shall be final; b. the findings of fact of the agenc+ when su%%orted b+ %re%onderant e,idence0 shall be final; c. the findings of fact of the agenc+ when su%%orted b+ substantial e,idence0 shall be final; d. the findings of law of the agenc+ when su%%orted b+ credible e,idence0 shall be final. E0. The right of the accused to be infor$ed is ,iolated if: a. he was accused of .illing his wife b+ strangulation but it was %ro,en that his wife died of %oisoning; b. it was %ro,en that he .illed so$ebod+ on a date different fro$ the one alleged in the infor$ation; c. he was charged with %arricide but was con,icted of $urder0 because it turned out that he and the ,icti$ were not $arried; d. the accused was charged with co$$ission of acts of lasci,iousness and was con,icted of un<ust ,e2ation. E1. A cri$inal statute that @fails to gi,e a %erson of ordinar+ intelligence fair notice that his conte$%lated conduct is forbidden b+ statute@ is:

a. ,oid for fair notice; b. ,oid for arbitrariness; c. ,oid for ,agueness; d. ,oid conclusi,el+. E2. @"hilling effect@ is a conce%t used in the area of constitutional litigation affecting: a. %rotected s%eech; b. %rotected e2ecuti,e %ri,ilege; c. %rotected legislati,e discretion; d. %rotected <udicial discretion. E>. /n the law of libel and %rotected s%eech0 a %erson who0 b+ his acco$%lish$ents0 fa$e0 or $ode of li,ing0 or b+ ado%ting a %rofession or calling which gi,es the %ublic a legiti$ate interest in his doings0 his affairs0 and his character0 has beco$e a: a. %ublic figure; b. celebrit+; c. %ublic official; d. de facto %ublic officer. E?. &hich one of the following is not a %ro%er test in cases of challenges to go,ern$ental acts that $a+ ,iolate %rotected s%eech: a. clear and %resent danger; b. balancing of interests; c. reasonable relation; d. dangerous tendenc+. EB. "o$$ercial s%eech is entitled to: a. $ore %rotection co$%ared to other constitutionall+ guaranteed e2%ression; b. equal %rotection co$%ared to other constitutionall+ guaranteed e2%ression; c. lesser %rotection co$%ared to other constitutionall+ guaranteed e2%ression;

d. none of the abo,e. EC. (o liabilit+ can attach to a false0 defa$ator+ state$ent if it relates to official conduct0 unless the %ublic official concerned %ro,es that the state$ent was with .nowledge that it was false or with rec.less disregard of whether it was false or not. This is .nown as what ruleH a. libel $alice rule; b. actual $alice rule; c. $alice in fact rule; d. legal $alice rule. E7. /t is for$ of entra%$ent. The $ethod is for an officer to %ose as a bu+er. 5e0 howe,er0 neither instigates nor induces the accused to co$$it a cri$e because in these cases0 the @seller@ has alread+ decided to co$$it a cri$e. The offense ha%%ens right before the e+es of the officer. 6nder these circu$stances: a. there is a need for an ad$inistrati,e but not a <udicial warrant for sei=ure of goods and arrest of the offender; b. there is need for a warrant for the sei=ure of the goods and for the arrest of the offender; c. there is no need for a warrant either for the sei=ure of the goods or for the arrest of the offender; d. the offender can be arrested but there is a need for a se%arate warrant for the sei=ure of the goods. E8. &here a %olice officer obser,es unusual conduct which leads hi$ reasonabl+ to conclude in light of his e2%erience that cri$inal acti,it+ $a+ be afoot and that the %ersons with who$ he is dealing $a+ be ar$ed and dangerous and he identifies hi$self and $a.es reasonable inquiries0 but nothing ser,es to dis%el his reasonable fear for his own or otherJs safet+0 he is entitled to conduct a carefull+ li$ited search of the outer clothing of such %ersons for wea%ons. *uch search is constitutionall+ %er$issible and is .nown as a: a. sto% and search; b. sto% and fris.; c. sto% and interrogate; d. sto% and detain. EE. Accused was charged with slight illegal detention. On the da+ set for the trial0 the trial court %roceeded as follows:

@"ourt: to the accused:

#: @1o +ou ha,e an attorne+ or are +ou going to %lead guilt+H@ A: @/ ha,e no law+er and i will %lead guilt+.@

Accused was then arraigned0 %leaded guilt+0 was found guilt+ and sentenced. On a%%eal0 the *u%re$e "ourt re,ersed. The accused was de%ri,ed of his: a. right to cross-e2a$ination; b. right to be %resu$ed innocent; c. right to counsel; d. right to %roduction of e,idence. 100. The constitutional right of an accused @to $eet the witnesses face to face@ is %ri$aril+ for the %ur%ose of affording the accused an o%%ortunit+ to: a. identif+ the witness; b. cross-e2a$ine the witness; c. be infor$ed of the witness; d. be heard. ( NOTHIN$ &OLLOWS ( HAND IN "OUR ANSWER SHEET. THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO HEAD WATCHER.

2012 BAR EXAMINATIONS POLITICAL AND INTERNATIONAL LAW 7 October 2012 Set B ESSA" ) T"PE QUESTIONS INSTRUCTIONS The following questionnaire consists of ten 10! questions nu$bered / to L! contained in G/I' B! %ages. Fegin +our answer to each nu$bered question on a se%arate %age; an answer to a sub-questionKs under the sa$e nu$ber $a+ be written continuousl+ on the sa$e %age and succeeding %ages until co$%leted. 10 A.M.-12 ((.

Answer the question directl+ and concisel+. 1o (ot re%eat the question. &rite legibl+. 5A(1 /( )O6- (OT'FOO3. T5'-' /* (O (''1 TO -'T6-( T5/* #6'*T/O((A/-' TO T5' 5'A1 &AT"5'-. 7OO1 86"3999 ::::::::::::::::::::::::::::::::::::: MARTIN S. VILLARAMA, R. Chairperson 2012 Bar Examinations Committee PLEASE CHEC! THAT THIS SET CONTAINS SIX (*) PA$ES (INCLUDIN$ THIS PA$E). WARNIN$% NOT &OR SALE OR UNAUTHORI'ED USE POLITICAL AND INTERNATIONAL LAW I. Mr. Iiolet was con,icted b+ the -T" of 'stafa. On a%%eal0 he filed with the "ourt of A%%eals a Motion to Gi2 Fail for 4ro,isional 8ibert+ 4ending A%%eal. The "ourt of A%%eals granted the $otion and set a bail a$ount in the su$ of Gi,e B! Million 4esos0 sub<ect to the conditions that he secure @a certificationKguarant+ fro$ the Ma+or of the %lace of his residence that he is a resident of the area and that he will re$ain to be a resident therein until final <udg$ent is rendered or in case he transfers residence0 it $ust be with %rior notice to the court@. Gurther0 he was ordered to surrender his %ass%ort to the 1i,ision "ler. of "ourt for safe.ee%ing until the court orders its return. a. Mr. Iiolet challenges the conditions i$%osed b+ the "ourt of A%%eals as ,iolati,e of his libert+ of abode and right to tra,el. 1ecide with reasons. BA! b. Are @libert+ of abode@ and @the right to tra,el@ absolute rightsH '2%lain. &hat are the res%ecti,e e2ce%tionKs to each right if an+H BA! II. A ,erified i$%each$ent co$%laint was filed b+ two hundred 200! Me$bers of the 5ouse of -e%resentati,es against Mada$ "hief Mustice Flue. The co$%laint was i$$ediatel+ trans$itted to the *enate for trial. a. Mada$ "hief Mustice Flue challenges such i$$ediate trans$ittal to the *enate because the ,erified co$%laint 1! not included in the order of business of the 5ouse0 2! was not referred to the 5ouse "o$$ittee on Mustice for hearing and consideration for sufficienc+ in for$ and substance0

and >! was not sub$itted to the 5ouse 4lenar+ for consideration as enu$erated in 4aragra%h 2!0 *ection >0 Article L/ of the 1E87 "onstitution. 1ecide with reasons. BA! b. &hat is the %ur%ose of /$%each$entH 1oes con,iction %re,ent further %rosecution and %unish$entH '2%lain. >A! c. 'nu$erate the grounds for i$%each$ent. /s graft and corru%tion a ground for i$%each$entH 2A! III. Mr. Frown0 a cigarette ,endor0 was in,ited b+ 4O1 &hite to a nearb+ %olice station. 6%on arri,ing at the %olice station0 Frown was as.ed to stand side-b+-side with fi,e B! other cigarette ,endors in a %olice line-u%. 4O1 &hite infor$ed the$ that the+ were loo.ing for a certain cigarette ,endor who snatched the %urse of a %asser-b+ and the line-u% was to allow the ,icti$ to %oint at the ,endor who snatched her %urse. (o questions were to be as.ed fro$ the ,endors. a. Frown0 afraid of a @set u%@ against hi$0 de$anded that he be allowed to secure his law+er and for hi$ to be %resent during the %olice line-u%. /s Frown entitled to counselH '2%lain BA! b. &ould the answer in a.! be the sa$e if Frown was s%ecificall+ in,ited b+ &hite because an e+ewitness to the cri$e identified hi$ as the %er%etratorH '2%lain. >A! c. Friefl+ enu$erate the so-called @Miranda -ights@. 2A! IV. Mr. )ellow and Mr. Orange were the leading candidates in the ,ice-%residential elections. After elections0 )ellow e$erged as the winner b+ a sli$ $argin of 1000000 ,otes. 6ndaunted0 Orange filed a %rotest with the 4residential 'lectoral Tribunal 4'T!. After due consideration of the facts and the issues0 the 4'T ruled that Orange was the real winner of the elections and ordered his i$$ediate %rocla$ation. a. Aggrie,ed0 )ellow filed with the *u%re$e "ourt a 4etition for "ertiorari challenging the decision of the 4'T alleging gra,e abuse of discretion. 1oes the *u%re$e "ourt ha,e <urisdictionH '2%lain. >A! b. &ould the answer in a.! be the sa$e if )ellow and Orange were contending for a senatorial slot and it was the *enate 'lectoral Tribunal *'T! who issued the challenged rulingH >A! c. &hat is the co$%osition of the 4'TH 2A! d. &hat is <udicial %owerH '2%lain Friefl+. 2A! V.

Mudge -ed is the '2ecuti,e Mudge of 7reen "it+. -ed is .nown to ha,e corru%t tendencies and has a re%utation widel+ .nown a$ong %racticing law+ers for acce%ting bribes. O$buds$an 7re+0 wishing to @clean u%@ the go,ern$ent fro$ errant %ublic officials0 initiated an in,estigation on the alleged irregularities in the %erfor$ance of duties of Mudge -ed. a. Mudge -ed refused to recogni=e the authorit+ of the Office of the O$buds$an o,er hi$ because according to hi$0 an+ ad$inistrati,e action against hi$ or an+ court official or e$%lo+ee falls under the e2clusi,e <urisdiction of the *u%re$e "ourt. 1ecide with reasons. BA! b. 1oes the O$buds$an ha,e authorit+ to conduct in,estigation o,er cri$es or offenses co$$itted b+ %ublic officials that are (OT in connection or related at all to the officialJs discharge of his duties and functionsH '2%lain. >A! c. &ho are required b+ the "onstitution to sub$it a declaration under oath of his assets0 liabilities0 and net worthH 2A! VI. 4resident Flac. of the -e%ublic of 4asens+a -4! had a tele%hone con,ersation with 4resident Flue of the 4eo%leJs -e%ublic of "onquerors 4-"!. /n that con,ersation0 both leaders agreed that the+ will both %ull-out all their ,essels0 ci,ilian or otherwise0 sea crafts and other shi%s fro$ the hotl+ dis%uted 3al$ado *hoal area within eight 8! da+s in order to de-escalate the situation. After eight da+s0 all -4 shi%s and ,essels ha,e left the area. 5owe,er0 se,eral $ilitar+ and ci,ilian shi%s carr+ing the 4-" flag re$ained in the area and began construction of a doc. that could %ro,ide fuel and other su%%lies to ,essels %assing b+. a. Assu$ing that 4resident Flac. and 4resident Flue both had full ca%acit+ to re%resent their states and negotiate with each other under their res%ecti,e s+ste$s of go,ern$ent0 and further assu$ing that both leaders ac.nowledge the e2istence of the con,ersation0 is the ,erbal agree$ent ,ia tele%hone binding under international lawH '2%lain. BA! b. Assu$ing the answer to a.! is in affir$ati,e0 does that agree$ent constitute a Treat+ under the 1ECE Iienna "on,ention on the 8aw on TreatiesH 2A! c. &hat are the sources of /nternational 8awH 2A! d. &hat is opinio juris in /nternational 8awH 1A! VII. Ma+or 4in. is e+eing re-election in the ne2t $a+oralt+ race. /t was co$$on .nowledge in the town that Ma+or 4in. will run for re-election in the co$ing elections. The deadline for filing of "ertificate of "andidac+ "o"! is on March 2> and the ca$%aign %eriod co$$ences the following da+. One $onth before the deadline0 4in. has +et to file her "o"0 but she has been going around town gi,ing awa+ sac.s of rice with the words @Mahal Ta+o ni Ma+or 4in.@ %rinted on the$0

holding %ublic gatherings and s%ea.ing about how good the town is doing0 gi,ing awa+ %in. t-shirts with @3a+ Ma+or 4in. A.o@ %rinted on the$. a. Mr. 7reen is the %olitical o%%onent of Ma+or 4in.. /n A%ril0 noticing that Ma+or 4in. had gained ad,antage o,er hi$ because of her acti,ities before the ca$%aign %eriod0 he filed a %etition to disqualif+ Ma+or 4in. for engaging in an election ca$%aign outside the designated %eriod. a.1. &hich is the correct bod+ to rule on the $atterH "o$elec en banc0 or "o$elec di,isionH Answer with reasons. 2A! a.2. -ule on the %etition. BA! b. 1istinguish briefl+ between #uo &arranto in electi,e office and #uo &arranto in a%%ointi,e office. >A! VIII. a. &hat is the doctrine of @o,erbreath@H /n what conte2t can it be correctl+ a%%liedH (ot correctl+ a%%liedH '2%lain BA! b. &hat is the doctrine of @,oid for ,agueness@H /n what conte2t can it be correctl+ a%%liedH (ot correctl+ a%%liedH '2%lain BA! IX. /n a %rotest rall+N along 4adre Gaura *treet0 Manila0 4edrong 4ula too. u% the stage and began shouting @.a+ong $ga .ura.ot .a+o9 Magsi-resign na .a+o9 3ung hindi0 $anggugulo .a$i dito9@ @+ou corru%t officials0 +ou better resign now0 or else we will cause trouble here9@! si$ultaneousl+0 he brought out a roc. the si=e of aO fist and %retended to hurl it at the flag%ole area of a go,ern$ent building. 5e did not actuall+ throw the roc.. a. 4olice officers who were $onitoring the situation i$$ediatel+ a%%roached 4edrong 4ula and arrested hi$. 5e was %rosecuted for seditious s%eech and was con,icted. On a%%eal0 4edrong 4ula argued he was $erel+ e2ercising his freedo$ of s%eech and freedo$ of e2%ression guaranteed b+ the Fill of -ights. 1ecide with reasons. BA! b. &hat is @co$$ercial s%eech@H /s it entitled to constitutional %rotectionH &hat $ust be shown in order for go,ern$ent to curtail @co$$ercial s%eech@H '2%lain. >A! c. &hat are the two 2! basic %rohibitions of the freedo$ of s%eech and of the %ress clauseH '2%lain. 2A! X. a. &hat do +ou understand b+ the ter$ @heirarch+ of ci,il liberties@H '2%lain. BA!

b. 1istinguish full+ between the @free e2ercise of religion clause@ and the @nonestablish$ent of religion clause@. >A! c. &hen can e,idence @in %lain ,iew@ be sei=ed without need of a search warrantH '2%lain. 2A! ( NOTHIN$ &OLLOWS ( HAND IN "OUR ANSWER SHEET. THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.