Professional Documents
Culture Documents
Read and answer each question carefully. Begin your answer to each numbered
question on a separate page; an answer to a sub-question under the same number may
be written continuously on the same page and succeeding pages until completed. A
mere “Yes” or “No” without further explanation will not be given any credit.
1. President Masangcay transmits to the Senate President and the Speaker of the
House of Representatives that he is unable to discharge the functions of his
office. Thereafter, Vice-President Mauro assumed the Office of the President as
Acting President. The majority of the members of the Cabinet transmit to the
Senate President and the Speaker of the House of Representatives that
President Masangcay is able to discharge the functions of his office and that
Vice-President Mauro is unable to discharge his functions as Acting President.
Who shall assume the Office of the President? (5points)
2. Due to irreconcilable conflicts in the versions of bill, the two houses of Congress
formed a joint bicameral committee. Thereafter, the bicameral committee
eliminated the conflicts and submitted the bill for approval. Congressman Villamor
introduced some modifications and amendments to the bill. Some members of
the House of Representatives doubt the constitutionality of the said amendments
because under Section 26 (2) of Article VI of the Constitution, no further
amendments can be made after the third reading of the bill. The Secretariat of the
House of Representatives consults you as to the constitutionality of the
amendments proposed by Congressman Villamor. What will be your legal
advice? (5points)
3. Rustrom Petilla, a self-confessed gay, wants to join the Boy Scouts of the
Philippines as a Head Master thereof. However, it is the policy of the Boy Scouts
of the Philippines not to accept any gay, transgender, or homosexual as its
member. Petilla is questioning the said policy as being violative of his freedom of
association under the Constitution. According to him, the Boy Scouts of the
Philippines should not deny him membership thereof solely on account of his
being gay. Is the constitutional right of Petilla violated?(5points)
5. Wilson
1 San Jose isSERVICE
being prosecuted for the crime
* EXCELLENCE of falsification of document.
* INTEGRITY
He is allowed to testify on his behalf to prove that the handwriting as well as the
signature appearing on the questioned document was not his. On his cross-
examination, the prosecution asked him to furnish the court with a specimen of
2009-2010
ALLIANCE FOR ALTERNATIVE ACTION, INC.
his handwriting to compare it with the handwriting in the document in dispute. He
is also asked by the prosecution to give information about an estafa case in
which he is likewise involved and pending in the same court. Wilson objected on
the ground that it violates his right against self-incrimination. If you were the
judge, how will you rule on Wilson’s objection? (5points)
14.Aldrin
3 Abrego has been appointed by the President with the confirmation of the
SERVICE * EXCELLENCE * INTEGRITY
Commission on Appointments as member of the Commission on Audit for a term
of seven years. However, it was found out that Aldrin never practiced law upon
passing the Bar examinations nor engaged himself in any activity requiring the
2009-2010
ALLIANCE FOR ALTERNATIVE ACTION, INC.
application of legal skills, knowledge, training and experience, but concentrated
only in his business. Aldrin admitted that he is not engaged in any work either as
a lawyer-entrepreneur of an industry or as a lawyer-manager. However, he
contended that since he has already been appointed by the President to his
position as member of the Commission on Audit, he can only be removed
therefrom through the process of impeachment. Is Aldrin Abrego correct?
(5points)
17. Enumerate/Discuss:
1. The cases which are required to be heard by the Supreme Court en banc.
(5points)