Professional Documents
Culture Documents
ALTERNATIVE ANSWER:
CBM contested the termiination and filed a expressly waived its immunity from suit.
Regional Trial Court of Makati. The Section 3, Article XVI of the 1987
Ambassador wants you to file a motion to Constitution, which says that the State
dismiss on the ground of state immunity may not be sued without its consent.
from suit and to oppose the position that Since consent was expressly given from
Kafiristan expressly waives its immunity cannot invoke immunity from suit.
from suit.
Yes, the Embassy can invoke immunity The imported goods were released only on
from suit. Section 10 of the Maintenance January 10,2013. A group of importers got
Agreement is not necessarily a waiver of together and filed an action for damages
sovereign immunity from suit. It was before the Regional Trial Court of Manila
meant to apply in case the Republic of against the Department of Finance and the
No. IV. The Municipality of Pinatukdao is invited for questioning based on the
sued for damages arising from injuries information furnished by a neighbor that he
saw them come out of the victim's house at which include the maintenance of peace
about the time of the robbery/killing. The and order (People vs. Sunga, 399 SCRA
police confronted the three with this and 624).
other information they had gathered, and
pointedly accused them of committing the ALTERNATIVE ANSWER:
crime.
The judgment of conviction should be
Lito initially resisted, but eventually broke reversed. The police officers committed
down and admitted his participation in the an offense by confronting the three
crime. Elated by this break and desirous of accused. This is a violation to Section
securing a written confession soonest, the 12, Article III of the 1987 Constitution,
police called City Attorney Juan Buan to which states that any person under
serve as the trio's counsel and to advise investigation for the commission of an
them about their rights during the offense shall have the right to be
SUGGESTED ANSWER:
Pedrong Pula should be acquitted. His
The case will not prosper. The freedom of speech should not be limited
expulsion/excommunication of members in the absence of a clear and present
of a religious institution/organization is danger of a substantive evil that the
a matter best left to the discretion of the state had the right to prevent. He
officials, and the laws and canons, of pretended to hurl a rock but did not
said institution/organization. (Taruc v. actually throw it. He did not commit any
Bishop dela Cruz, et al. Mar. 10, 2005). act of lawless violence. (David vs.
Macapagal-Arroyo, 489 SCRA 160).
SUGGESTED ANSWER:
The wearing of black shirts is an exercise Freedom of the Press; Prior Restraint
of freedom of expression and not (2009)
necessarily freedom of assembly.
No.XV. The KKK Television Network (KKK-
Regardless of the distinction, in both
TV) aired the documentary, "Case Law: How
cases, the Constitutional guaranty
the Supreme Court Decides," without
includes freedom from prior restraint
obtaining the necessary permit required by prior restraint has against it a heavy
P.D. 1986. Consequently, the Movie and presumption against its validity. Prior
Television Review and Classification Board restraint is an abridgment of the
(MTRCB) suspended the airing of KKK-TV freedom of expression. There is no
programs. MTRCB declared that under P.D. showing that the airing of the programs
1986, it has the power of prior review over would constitute a clear and present
all television programs, except "newsreels" danger (New York Times vs. United
and programs "by the Government", and States, 403 U.S. 713 [1971]).
the subject documentary does not fall
(b) While Memorandum Circular No. 98-17
under either of these two classes. The
was issued and published in a newspaper
suspension order was ostensibly based on
of general circulation, a copy thereof was
Memorandum Circular No. 98-17 which
never filed with the Office of the National
grants MTRCB the authority to issue such
Register of the University of the Philippines
an order.
Law Center. (2%)
KKK-TV filed a certiorari petition in court,
SUGGESTED ANSWER:
raising the following issues:
In accordance with Chapter 2, Book VII
(a) The act of MTRCB constitutes "prior
of the Administrative Code of 1987,
restraint" and violates the constitutionally
Memorandum Circular No. 98-17 must be
guaranteed freedom of expression; (3%)
filled with the University of the
SUGGESTED ANSWER: Philippines Law Center. It cannot be
enforced until it has been filed with the
The contention of KKK-TV is not
University of the Philippines Law Center
tenable. The prior restraint is a valid
(Pilipinas Shell Petroleum Corporation vs
exercise of police power. Television is a
Commissioner of Internal Revenue, 541
medium which reaches even the eyes
SCRA 316 [2007]).
and ears of children (Iglesia ni Cristo vs.
Court of Appeals, 259 SCRA 529 [1996]).
(b) Distinguish fully between the "free without need of search warrant if the
exercise of religion clause" and the "non- following elements are present:
belief, which is subject to regulation. As discovered by the police who had the
a person to go to or remain away from of Estafa. On appeal, he filed with the Court
church against his will, or force him to of Appeals a Motion to Fix Bail for
Mayor of the place of his residence that he travel are not absolute. The liberty of
is a resident of the area and that he will abode and changing it can be imposed
remain to be a resident therein until final within the limits prescribed by law upon
transfers residence, it must be with prior travel may be unpaired in the interest of
notice to the court". Further, he was national security, public safety, or public
Division Clerk of Court for safekeeping until (Section 6, Article III of the
the court orders its return. Constitution.) in addition, the court has
the inherent power to restrict the right
(a) Mr. Violet challenges the conditions of an accused who has pending criminal
imposed by the Court of Appeals as case to travel abroad to maintain its
violative of his liberty of abode and right to jurisdiction over him. (Santiago vs.
travel. Decide with reasons. (5%) Vasquez, 217 SCRA 633.)
SUGGESTED ANSWER
ALTERNATIVE ANSWER:
SUGGESTED ANSWER
(a) Is JC entitled to bail? Why or why not? jeopardy was absent. Consequently, the
and that he has been convicted or demanded that he be allowed to secure his
acquitted or that the case against him lawyer and for him to be present during the
has been terminated without his express police line-up. Is Brown entitled to counsel?
SUGGESTED ANSWER
In the present case, JC validly entered
his plea of guilty but during the
Brown is not entitled to counsel during
presentation of evidence he submits
the police line-up. He was not yet being
evidence of self-defense. the
asked to answer for a criminal offense.
consequence thereof is for the court to
(Gamboa vs. Cruz, 162 SCRA 642.)
withdraw the plea of guilty and enter a
plea of not guilty. The validity of (b) Would the answer in (a.) be the same if
entering his plea is not affected. Brown was specifically invited by White
because an eyewitness to the crime
Therefore, his acquittal shall bar any identified him as the perpetrator? Explain.
similar indictment that may be filed (3%)
against him because of double jeopardy.
SUGGESTED ANSWER
Silent (2013)
The court was wrong in relying on the
No.VII. As he was entering a bar, Arnold - silence of Arnold during the police
who was holding an unlit cigarette in his investigation and during the trial. Under
right hand -was handed a match box by Article III, Section 12 of the 1987
someone standing near the doorway. Arnold Constitution, he had the right to remain
unthinkingly opened the matchbox to light silent. His silence cannot be taken as a
his cigarette and as he did so, a sprinkle of tacit admission, otherwise, his right to
dried leaves fell out, which the guard remain silent would be rendered
noticed. The guard immediately frisked nugatory. Considering that his right
Arnold, grabbed the matchbox, and sniffed against self-incrimination protects his
its contents. After confirming that the right to remain silent, he cannot be
the police.
ALTERNATIVE ANSWER:
At the police station, the guard narrated to No, the court has erred in its ruling of
the police that he personally caught Arnold convicting Arnold relying solely on his
The court correctly convicted Arnold. The objection of Lt. Valdez is not valid.
There is no showing that the evidence The right against self-incrimination
for the prosecution was insufficient. refers to testimonial evidence and does
When Arnold remained silent, he run the not apply to the production of a
risk of an inference of guilt from non- photocopy of the master plan of Camp
production of evidence in his behalf Aquino, because it is a public record. He
(People vs. Solis, 128 SCRA 217). cannot object to the request for him to
confirm his custody of the master plan,
because he is the public officer who had
Rights of the Accused; Self- custody of it. (Almonte vs. Vasquez, 244
workers with claims against their employers appearing as counsel before quasi-
and for those who need representation in judicial and other administrative bodies
collective bargaining negotiations with handling labor cases constitutes
employers. When labor cases arise, AWGP personal appearance before them (Puyat
enters its appearance in representation of vs. De Guzman, 135 SCRA 33). His
formally enters his appearance and is knowledge for the benefit of others
invariably there. Congressman Abling (Cayetano vs. Monsod, 201 SCRA 210).
largely takes a passive role in the The Bureau of Labor Relations is
DOCTRINE OF NECESSARY
Doctrine of Operative Fact (2010) IMPLICATION
SUGGESTED ANSWER
Electoral Tribunal; SET; PET
Jurisdiction (2012)
The Supreme Court would have
jurisdiction if it were the Senate
No. IV. Mr. Yellow and Mr. Orange were the
Electoral Tribunal who issued the
leading candidates in the vice-presidential
challenged ruling. The Supreme Court
elections. After elections, Yellow emerged as
can review its decision if it acted with
the winner by a slim margin of 100,000
grave abuse of discretion. (Lerias vs.
votes. Undaunted, Orange filed a protest
House of Representatives Electoral
with the Presidential Electoral Tribunal
Tribunal, 202 SCRA 808.)
(PET). After due consideration of the facts
and the issues, the PET ruled that Orange
was the real winner of the elections and
ordered his immediate proclamation. Investigations in Aid of Legislation
(2009)
(a) Aggrieved, Yellow filed with the Supreme
No. VIII. Congressman Nonoy delivered a
Court a Petition for Certiorari challenging
privilege speech charging the
the decision of the PET alleging grave abuse
Intercontinental Universal Bank (IUB) with
of discretion. Does the Supreme Court have
the sale of unregistered foreign securities,
jurisdiction? Explain. (3%)
in violation of RA no. 8799. He then filed,
and the House of Representatives provided that there is an explicit subject
unanimously approved, a resolution and nature of the inquiry. Since
directing the House Committee on Good legislative inquiry is an essential part of
Government (HCGG) to conduct an inquiry legislative power, it cannot be made
on the matter, in aid of legislation, in order subordinate to criminal and civil actions.
to prevent the recurrence of any similar Otherwise, it would be very easy to
fraudulent activity. subvert any investigation in aid of
legislation through the convenient ploy
HCGG immediately scheduled a hearing
of instituting civil and criminal actions
and invited the responsible officials of IUB,
(Standard Chartered Bank [Philippine
the chairman and Commissioners of the
Branch] vs, Senate Committee on banks,
SEC and the Governor of the BSP. On the
Financial Institutions and Currencies,
date set for the hearing, only the SEC
541 SCRA 456 [2007]).
commissioners appeared, prompting
Congressman Nonoy to move for the ALTERNATIVE ANSWER:
issuance of the appropriate subpoena ad
Yes, legislative inquiry would preempt
testificandum to compel the attendance of
judicial action. In one case, the Supreme
the invited resource persons.
Court did not allow the Committee to
The IUB officials filed suit to prohibit HCGG continue with the legislative inquiry
from proceeding with the inquiry and to because it was not in aid of legislation
quash the subpoena, raising the following but in aid of prosecution. It holds that
arguments: there will be a violation of separation of
powers and the possibility of conflicting
(a) The subject of the legislative
judgment.
investigation is also the subject of the
criminal and civil actions pending before The Subjudice rule restricts comments
the courts and the prosecutor’s office; thus, and disclosures pertaining to judicial
the legislative inquiry would preempt proceedings to avoid prejudicing the
judicial action; issue, influencing the court, or
SUGGESTED ANSWER: obstructing the administrations of
justice.
The argument is untenable, the mere
filing of a criminal or an administrative (b) Compelling the IUB officials, who are
complaint before the court of quasi- also respondents in the criminal and civil
judicial body should not automatically cases in court, to testify at the inquiry
bar the conduct of legislative inquiry
would violate their constitutional right Investigations in Aid of Legislation;
against self-incrimination. (3%) Executive Privilege (2010)
Citation for contempt can be imposed. The law abolishing the MWMC is valid.
Within the plenary powers of the
Congress, it can create as well as destroy
Law-Making; Abolish; Destroy (2008) what is created after determination its
purpose could no longer be attained by
No.XIV. In 1963, Congress passed a law
subsequent circumstances. The power to
creating a government-owned corporation
create also carries with it the power to
named Manila War Memorial Commission
destroy so long as it was done in good
(MWMC), with the primary function of
faith and consistent with the purpose of
overseeing the construction of a massive
promoting the general welfare.
memorial in the heart of Manila to
commemorate victims of the 1945 Battle of
Manila.
Law-Making; Admission to the Bar (2009)
The MWMC charter provided an initial
No.I.d. A law fixing the passing grade in the
appropriation of P1,000,000 empowered the
Bar examinations at 70%, with no grade
corporation to raise funds in its own name,
and set aside a parcel of land in Malate for
lower than 40% in any subject is industrial estates in the southern Tagalog
constitutional. Region to attract investors. The plan
SUGGESTED ANSWER: included an appropriation of 2 billion pesos
for construction of roads around the
FALSE. Congress cannot enact a law
estates. When the bill finally became law, a
regulating the admission to the legal
civil society watchdog questioned the
profession. It is within the power of the
constitutionality of the law as it obviously
Supreme Court to promulgate rules
benefited Congresswoman A’s industrial
concerning the admission to the legal
estate. Decide with reasons (3%)
profession. The present Constitution has
taken away the power of Congress to SUGGESTED ANSWER:
alter the Rules of Court (Echegaray vs.
The law is a valid exercise of police
Secretary of Justice, 301 SCRA 96
power although it may indirectly
[1999]). The law will violate the principle
benefited a Congresswoman but the
of separation of powers.
purpose of the law to provide a 5-year
ALTERNATIVE ANSWER: plant for all industrial estates is
reasonable thus, it conform to the twin
TRUE. Deliberations in ConCon reveal
requisite of lawful subject and lawful
that Congress retains the power to
means for a valid exercise police power.
amend or alter the rules because the
power to promulgate rules is essentially However, the congresswoman could be
legislative even though the power has sanctioned by the House of
been deleted in the 1987 Constitution. If Representative for failure to notify the
the law, however, is retroactive, it is House of a potential conflict of interest
unconstitutional because it is in the filing of the proposed legislation
prejudicial. of which they author.
ALTERNATIVE ANSWER:
Law-Making; Item vs. Pocket Veto (2010) committee authority to screen the list of
beneficiary families initially determined by
No. XXVI. Distinguish between pocket veto
the Secretary of Department of Social
and item veto
Welfare and Development pursuant to the
Assistance Act was passed to enhance the secure authority to screen beneficiaries
1. It is a religious sect or
Party-List; Foreign Funding (2010)
denomination, organization or
No. XVI. Rudy Domingo, 38 years old, association organized for religious
natural-born Filipino and a resident of the purposes;
Philippines since birth, is a Manila-based 2. It advocates violence or unlawful
entrepreneur who runs KABAKA, a coalition means to seek its goal;
of people’s organizations from fisherfolk 3. It is a foreign party or
communities. KABAKA’s operations consist organization;
of empowering fisherfolk leaders through 4. It is receiving support from any
livelihood projects and trainings on good foreign government, foreign
governance. The Dutch Foundation for political party, foundation,
Global Initiatives, a private organization organization, whether directly or
registered in the Netherlands, receives a through any of its officers or
huge subsidy from the Dutch Foreign members or indirectly through
Ministry, which, in turn is allocated
worldwide to the Foundation’s partners like
third parties for partisan election Should the petition be granted? (5%)
purposes;
5. It violates or fails to comply with SUGGESTED ANSWER:
Department Appointments.
The Supreme Court should sustain the (Sec. 21, Art. VII of the Constitution).
validity of the abrogation of the treaty.
ALTERNATIVE ANSWER:
There is no constitutional provision
governing the termination of a treaty. FALSE. Granting tax exemptions
What the constitution provides is only requires concurrence by a majority of all
the concurrence of the Senate in order the Members of the Congress.
that a treaty be valid and binding and
under recent jurisprudence, the
ratification of the treaty is left to the Pardoning Power: Executive Clemency
sound discretion of the President. (2008)
Therefore, the President as the No. VIII. ST, a Regional Trial Court judge
representative of the State in treaty who falsified his Certificate of Service, was
negotiation can abrogate a treaty by found liable by the Supreme Court for
himself. serious misconduct and inefficiency, and
meted the penalty of suspension from office
for 6 months. Subsequently, ST filed a
Enter into Treaty (2010) petition for executive clemency with the
Office of the President. The Executive
No.VII.b. A treaty which provides tax
Secretary, acting on said petition issued a
exemption needs no concurrence by a
resolution granting ST executive clemency.
majority of all the Members of the Congress
Is the grant of executive clemency valid?
SUGGESTED ANSWER:
Why or why not? (6%)
The statement that a treaty which
SUGGESTED ANSWER:
provides tax exemption needs no
concurrence by a majority of all the No. the grant of executive clemency is
Members of Congress is true. It is only a invalid because it violates the separation
law, not a treaty, granting a tax of powers. The Supreme Court has the
exemption which requires the power of administrative supervision over
all courts and its personnel and with this reflect presidential decision-making and
power the Supreme Court can discipline deliberations and that the President
erring Judges. believes should remain confidential. It
applies to decision-making of the
The grant of an executive clemency has
President. It is based on separation of
the effect of removing the penalty
powers. It is always subject to a greater
imposed by the competent authority.
scrutiny.
The Supreme Court has the authority to
discipline judges of lower court. In so Deliberative Process Privilege: includes
doing, the constitution guaranteed its advisory opinions, recommendations and
independence from the other political deliberations comprising part of a
bodies. If the executive department were process by which governmental
to grant executive clemency, it would be decisions and policies are formulated.
an encroachment of a prerogative thus Based on common law privileged it
violation of the separation of powers. applies to decision-making of executive
officials and not subject to greater
scrutiny.
SUGGESTED ANSWER:
Judicial Department; Writ of Amparo
and responsible for Conrad's Sangre be held liable and/or responsible for
Since the complaint refers to the All public officers and employees are
performance of the duties of Judge Red, required to submit a declaration under
Ombudsman Grey should not act on it oath of their assets, liabilities and net
and should refer it to the Supreme worth. (Section 17, Article XI of the
Court. His investigation will encroach Constitution.)
upon the exclusive power of
administrative supervision of the
Supreme Court over all courts. (Maceda
vs. Vasquez, 221 SCRA 464.) ARTICLE IX Constitutional
Commissions
members not simultaneously but by Treasurer from among three (3) employees
intervals of every after 2 years upon of the city considered for the said position.
expiration of their term of office. Prior to said promotion, Amelia had been
an Assistant City Treasurer for ten (10)
(b) What are the two conditions for its years, that is, even before she married the
workability? City Mayor. Should the Civil Service
SUGGESTED ANSWER: Commission approve the promotional
appointment of Amelia? Why or why not?
The two conditions for its workability
are: SUGGESTED ANSWER:
(a) The first Chairman and The Civil Service Commission should
Commissioners should start on a disapproved the promotional
common date and appointment if at the time of
appointment Amelia is already married
(b) Any vacancy before the expiration of
to the appointing authority, the Mayor,
the term should be filled only for the
because it violates the rule on nepotism
unexpired balance of the term
which prohibits the appointment of
(c) To what other constitutional offices does relatives by consanguinity or affinity
the rational scheme of appointments apply? within the third degree of the appointing
SUGGESTED ANSWER: authority in public office. This is to
ensure that entrance to public office
The rational scheme of appointments
should be based on merits and fitness.
applies to:
The rule on nepotism also extends to
COA, CSC, COMELEC, JBC (Section 9(2), promotional appointment.
Article VIII, Section 1(2), Article IX-B
However, if at the time of appoint the
and Section 1(2), Article IX-D of the
Mayor and Amelia is not yet married and
Constitution).
thereafter married each other, the The statement that a person who
promotional appointment should remain occupies in office that is defectively
as valid appointment. created is a de facto officer is TRUE. The
person appointed or elected pursuant to
an unconstitutional law is a de facto
a.1. Which is the correct body to rule on the Procedure in Election Cases.) If he is
matter? Comelec en banc, or Comelec ineligible, the candidate who got the
division? Answer with reasons. (2%) second highest number of votes cannot
be proclaimed elected. (Sinsuat vs.
SUGGESTED ANSWER: Commission on Elections, 492 SCRA
264.) A voter may file a petition for quo
It is the Commission on elections en warranto against an elected candidate.
banc which should decide the petition. The petition should be filed within ten
Since it involves the exercise of the days after the proclamation of the
administrative powers of the elected candidate.
Commission on Elections, Section 3,
Article IX-C of the Constitution is not In quo warranto in appointive office, the
applicable. (Baytan vs. Commission on issue is the legality of the appointment.
Elections, 396 SCRA 703.) The court will decide who between
the parties has the legal title to the
a.2. Rule on the petition. (5%) office. (Nachura, Outline Reviewer in
Political Law, p.567.)
SUGGESTED ANSWER:
high-powered firearms in his car. He was may grant executive clemency for
charged and convicted for violation of the offenses violating election laws.
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
Election Laws
and Parole, the President granted him
Election Protest; Substitution; Quo
pardon. Is he eligible to run against for an
Warranto (2009)
elective position?. Explain Briefly. (5%)
No. II. Despite lingering questions about his
SUGGESTED ANSWER:
Filipino citizenship and his one-year
Mayor Galicia can run again for an residence in the district, Gabriel filed his
Under Section 40 of the Local before the deadline set by law. His
Government Code, he cannot run for an opponent, Vito, hires you as lawyer to
elective office within two (2) years after contest Gabriel’s candidacy.
No. when the candidate who withdraws is A quo warranto proceeding may be filed
an independent candidate, he cannot be by any citizen of the Philippine
substituted. Under the law, if after the questioning the eligibility of an elective
last day for the filing of certificates of officer with respect to his continued
candidacy, an official candidate of a possession of the qualifications of age,
registered or accredited political party citizenship, and residency, as the case
dies, withdraws or is disqualified for any may be. Should the action prosper and a
cause, only a person belonging to, and
decision be rendered against the elective District Board of Canvassers denied both
official, the latter shall be removed from objections and ruled to include the
office leaving the position vacant. certificate of canvass. May MP appeal the
rulings to the COMELEC? Explain. (6%)
Moreover, the Sole judge to hear and
decide concerning the election, returns SUGGESTED ANSWER:
and qualification of the members of the
NO. COMELEC’s Jurisdiction over pre-
House of Representative is the HRET.
proclamation cases pertains only to
The HRET shall have jurisdiction over
elections of regional, provincial and city
the election contest when the candidate
officials.
has been proclaimed, taken his oath and
assumed to office. (Sec. 15, RA 7166) – No pre-proclamation
cases in election of national officials. For
purposes of the elections for President,
Pre-Proclamation Contest (2008) V-President, Senator and Member of the
House of Representatives, no pre-
No.X. The 1st Legislative District of South
proclamation cases shall be allowed on
Cotabato is composed of General Santos
matters relating to the preparation,
and three municipalities including
transmission, receipt, custody and
Polomolok. During the canvassing
appreciation of the election returns or
proceedings before the District Board of
the certificates of canvass, as the case
Canvassers in connection with the 2007
may be.
congressional elections, candidate MP
objected to the certificate of canvass for ALTERNATIVE ANSWER:
Polomolok on the ground that it was
(sec. 20, RA 7166)
obviously manufactured, submitting as
evidence the affidavit of mayoralty Yes. a party adversely affected by the
candidate of Polomolok. The Certificate of ruling of the board shall immediately
canvass for General Santos was likewise inform the board if he intends to appeal
objected to by MP on the basis of the said ruling to the COMELEC. The party
confirmed report of the local NAMFREL that adversely affected by the ruling may file
10 elections returns from non-existent a verified notice of appeal with the board
precincts were included in the certificate. within a non-extendible period of 5 days.
MP moved that the certificate of canvass for
General Santos be corrected to exclude the
results from the non-existent precincts. The
Three Term Limit; Contest; Substitution consecutiveness of his term of office.
(2008) (Ong v. Alegre, Jan. 23, 2006).
the term of office it cannot be counted. Governor. By the elevation of Benito to the
A recall election is a mid-way election Office of Vice-Governor, a vacancy in the
and the term is not completed when one Sangguniang Panlalawigan was created.
is conducted. The third term of Governor How should the vacancy be filled?
Diy should not be included in computing
SUGGESTED ANSWER:
the the=ree-term limit. (Lonzanida vs.
Commission on Elections, 311 SCRA 602 (sec. 44-46, RA 7160)
[1999]).
The vacancy shall be filled in the
(c) Can Governor Diy refuse to run in the following manner:
recall election and instead resign from his
1. If Benito is affiliated with a
position as governor?
political party, the vacancy in the
SUGGESTED ANSWER:
Sangguiniang Panlalawigan shall
Governor Diy cannot refuse to run in the be filled by a nomination and
recall election. He is automatically certificate of membership of the
considered as a duly registered appointee from the highest
candidate. (Section 71, Local official of the political party.
Government Code). (must be filled with someone who
belongs to the political party to
ALTERNATIVE ANSWER:
maintain the party representation
YES, Governor Diy is not compelled to as willed by the people in the
run in a recall election. Recall election is election).
called because the electorate has lost
confidence to the elective official. He 2. If Benito is not affiliated with a
may instead resign from his position. political party, the vacancy shall
be filled by the PRESIDENT without the need of any other law is an
through the executive secretary. authorized exercise
ALTERNATIVE ANSWER:
As a general rule, Maximo is not entitled Naval Base by the US Navy, for free, i.e.,
to recover back salaries corresponding to without need to pay rent nor any kind of
the entire period he was out of the fees as a show of goodwill to the U.S.
service because of the NO WORK NO PAY because of the continuing harmonious RP-
ALTERNATIVE ANSWER:
The President can be impeached for
Maximo cannot recover back salaries culpable violation of the Constitution
during his preventive suspension. The and betrayal of public trust. The
law does not provide for it. Preventive Supreme Court has already ruled that
suspension is not a penalty. During the the provision in Article XVIII, Section 25
of the Constitution requires a treaty Act), that one corrupt practice of a
even for the mere temporary presence of public officer includes knowingly
foreign troops in the Philippines (Bayan approving or granting any license,
vs. Zamora, 342 SCRA 499). The permit, privilege or benefit in favor of
President cannot claim, therefore, that any person not qualified for or not
he acted in good faith. (Report of the legally entitled to such license, permit,
Special Committee in the Impeachment privilege or advantage, or of a mere
of President Quirino, Congressional representative or dummy of one who is
Record of the House of Representatives, not so qualified or entitled. Since the
Vol. IV, p. 1553). Betrayal of public trust President gave the U.S. Navy the
includes violation of the oath of the privilege to use the former Subic Naval
office of the President (Record of the Base for free without need to pay rent
Constitutional Commission, Vol. II, nor any kind of fees.
p.272). In his oath of office, the
President swore to preserve and defend (2) Culpable Violation of the
the Constitution (Article VII, Section 5 Constitution. The president knowingly
of the 1987 Constitution). violated the provision stated in Section
11, Article XII of the Constitution which
ALTERNATIVE ANSWER: provides that no franchise, certificate, or
any other form of authorization for the
The President can be impeached for
operation of a public utility shall be
culpable violation of the Constitution
granted except to citizens of the
and graft and corruption (Article XI,
Philippines or to corporations or
Section2). By entering into the executive
associations organized under the laws of
agreement, the President violated
the Philippines at least sixty per centum
Section 3(d) of the Anti-Graft and
of whose capital is owned by such
Corrupt Practices Act because of the
citizens, nor shall such franchise,
injury to the Republic of the Philippines.
certificate, or authorization be exclusive
ALTERNATIVE ANSWER: in character or for a longer period than
50 years.
The two grounds for impeachment
suitable to the case of the president are:
Impeachment; Purpose; Grounds (2012)
(1) Graft and Corruption. It is stated
under Section 3(j) of Republic Act No. No. II.A verified impeachment complaint
3019 (Anti-Graft and Corrupt Practices was filed by two hundred (200) Members of
the House of Representatives against The purpose of impeachment is not to
Madam Chief Justice Blue. The complaint punish but only to remove a public
was immediately transmitted to the Senate officer to secure the people against gross
for trial. political misdemeanors. (Bernas, The
1987 Constitution of the Philippines, A
(a) Madam Chief Justice Blue challenges Commentary, 2009 ed., p. 1150.)
such immediate transmittal to the Senate Conviction does not prevent further
because the verified complaint 1) not prosecution and punishment. The person
included in the order of business of the convicted is subject to prosecution and
House, 2) was not referred to the House punishment according to law. (Section
Committee on Justice for hearing and 3(7), Article XI of the Constitution.)
consideration for sufficiency in form and
substance, and 3) was not submitted to the (c) Enumerate the grounds for
House Plenary for consideration as impeachment. Is graft and corruption a
enumerated in Paragraph (2), Section 3, ground for impeachment? (2%)
Article XI of the 1987 Constitution. Decide
with reasons. (5%) SUGGESTED ANSWER
FALSE. Under Section 15(3) of the No.VIII. Bobby, an incoming third year
Ombudsman Act, the Ombudsman has college student, was denied admission by
the power to ensure compliance with the his university, a premiere educational
imposition of penalty on public officers institution in Manila, after he failed in three
it finds at fault by virtue of its (3) major subjects in his sophomore year.
disciplinary authority (Office of the The denial of admission was based on the
Ombudsman vs. Madriaga, 503 SCRA 631 university's rules and admission policies.
[2006]).
Unable to cope with the depression that his
non-admission triggered, Bobby committed
suicide. His family sued the school for
ARTICLE XII National
damages, citing the school's grossly
Economy and Patrimony unreasonable rules that resulted in the
denial of admission. They argued that these
Acquisition of Lands (2009)
rules violated Bobby's human rights and
No.XI. a. Aliens are absolutely prohibited the priority consideration that the
from owning private lands in the Constitution gives to the education of the
Philippines. youth.
SUGGESTED ANSWER:
You are counsel for the university. Explain
FALSE. Aliens can acquire private lands your arguments in support of the
in the Philippines through hereditary university's case. (6%)
succession (intestate succession only
[Sec. 7, Art. XII]) and former natural-born SUGGESTED ANSWER:
citizens can also be a transferee but with
limitations. 5,000 square meters for I shall argue that under Article XIV,
urban and 3 hectares for rural (Sec.8 Art. Section 5(2) of the 1987 Constitution,
No.XVIII. What are the essential elements of Basic Principles; Reparation (2007)
Vienna Convention. They are sometimes Philippine law shall prohibit any
referred to as “non-treaty agreements” discrimination and shall guarantee to all
or emerging law. In addition “Soft Law” persons equal and effective protection
also refers to administrative rules which against discrimination on any ground
guide the practice of states in relation to such as social origin, birth or other
Human Rights; Civil and Political Rights obligations under the Convention on the
Int’l Court of Justice vs. Int’l Criminal (b) any question of international law;
Court (2010) (c) the existence of any fact which, if
established, would constitute a
No. II. Compare and contrast the breach of an international
jurisdiction of the International obligation; and
Criminal Court (ICC) and International (d) the nature or extent of the
Court of Justice (ICJ). (3%) reparation to be made for the breach
of an international obligation.
SUGGESTED ANSWER: (Article 36, ICJ Statute)
No.II. May a treaty violate international claims against other over these rules.
law? if your answer is in the affirmative,
explain when such may happen. If you
answer is in the negative, explain why? (5%) Opinio Juris (2012)
a university graduate and frequent visitor of the Ambassador or the head of the
to the Philippines, was inside the US mission, it does not alter the fact,
embassy when he got into a heated however, that such premises are still
argument with a private Filipino citizen. part of Philippine territory. The concept
Then, in front of many shocked witnesses, of “exterritoriality,” under which
he killed the person he was arguing with. diplomatic premises are deemed to be
The police came, and brought him to the part of the sovereign territory of the
nearest police station. Upon reaching the sending State, has not been adopted in
station, the police investigator, in halting the Vienna Convention. Hence, a crime
English, informed William of his Miranda committed on or within such premises
rights, and assigned him an independent by a private person like Williams who
local counsel. William refused the services enjoys no diplomatic immunity falls
of the lawyer, and insisted that he be within the jurisdiction of Philippine
assisted by a Filipino lawyer currently courts.
based in the US. The request was denied,
ALTERNATIVE ANSWER:
and the counsel assigned by the police
stayed for the duration of the investigation. William is not correct. The premises
occupied by the United States Embassy
William protested his arrest.
do not constitute territory of the United
(a) He argued that since the incident took States but of the Philippines. Crimes
place inside the US embassy, Philippine committed within them are subject to
courts have no jurisdiction because the US the territorial jurisdiction of the
embassy grounds are not part of the Philippines. Since William has no
Philippine Territory; thus, technically, no diplomatic immunity, the Philippines
can prosecute him if it acquires custody
over him (Reagan vs. Commissioner of To be valid in international law, acts of
Internal Revenue, 30 SCRA 968 [1969]). retorsion should not be excessive when
compared to the unfriendly acts
committed by the offending State.
a. Must ensure that all states consent international peace and security and
Yes, the Philippine action was justified. the Charter of the United Nations, which
Article 51 of the U.N. Charter affirms the prohibits States from the threat or use of
inherent right of States to individual or force against territorial integrity of any
collective self-defense. The terrorist State.
group Emerald Brigade had already
ALTERNATIVE ANSWER:
launched actual armed attacks on the
Philippines which killed thousands of The contention of the Philippines is the
Filipinos with a warning that more correct one. State practice and the U.N.
Security Council's actions after 9/11 citizens where their citizenship was a
indicate a trend towards recognizing factor in the commission of the crime.
that a State that suffers large-scale
violence perpetrated by non-State actors
located in another State has a right to Verbal Agreement; Source of Int’l Law
use force when (1) that other State (2012)
proves unwilling or unable to reduce or
eliminate the source of the violence, (2) No. VI. President Black of the Republic of
the use of force is proportional to the Pasensya (RP) had a telephone conversation
threat posed by the non-State actor, and with President Blue of the People’s Republic
(3) the use of force is temporary and of Conquerors (PRC). In that conversation,
does not result in non-consensual both leaders agreed that they will both pull-
occupation or annexation of territory. out all their vessels, civilian or otherwise,
sea crafts and other ships from the hotly
(c) Assume that the commando team
disputed Kalmado Shoal area within eight
captured a member of the Emerald Brigade
(8) days in order to de-escalate the
and brought him back to th Philippines.
situation. After eight days, all RP ships and
The Philippine Government insists that a
vessels have left the area. However, several
special international tribunal should try the
military and civilian ships carrying the PRC
terrorist. On the other hand, the terrorist
flag remained in the area and began
argues that terrorism is not an
construction of a dock that could provide
international crime and, therefore, the
fuel and other supplies to vessels passing
municipal laws of the Philippines, which
by.
recognize access of the accused to
constitutional rights, should apply. Decide (a) Assuming that President Black and
with reasons. (3%) President Blue both had full capacity to
SUGGESTED ANSWER: represent their states and negotiate with
each other under their respective systems
The terrorist should be tried in the
of government, and further assuming that
Philippines. Section 58 of Republic Act
both leaders acknowledge the existence of
No. 9372, thr Human Security Act
the conversation, is the verbal agreement
provides for its extraterritorial
via telephone binding under international
application to individual persons who,
law? Explain. (5%)
although outside the territorial limits of
the Philippines, commit an act of
SUGGESTED ANSWER
terrorism directly against Filipino
The verbal agreement by telephone is (1) International conventions, whether
binding between the parties on the basis general or particular, establishing rules
of customary international law. (In 1992 expressly recognized by the contesting
the dispute between Denmark and states;
Finland about the construction of a
bridge was settled by a telephone (2) International custom, as evidence of
SUGGESTED ANSWER
SUGGESTED ANSWER
__________. (1%)
(A) employees can go on mass leave of
(C) a law providing that a policeman call for the resignation of the incumbent
SUGGESTED ANSWER:
III. Congress enacted Republic Act No. 1234
requiring all candidates for public offices to
(D), International School Alliance of
post an election bond equivalent to the one
Educators vs. Quisumbing 333 SCRA 13
(1) year salary for the position for which
II. Offended by the President's remarks that they are candidates. The bond shall be
the Bureau of Customs is a pit of misfits forfeited if the candidates fail to obtain at
least 10% of the votes cast.
Is Republic Act No. 1234 valid? (1%) (C) The decision is binding only on
the parties but only with respect to
(A) It is valid as the bond is a means of that particular case.
ensuring fair, honest, peaceful and
orderly elections. (D) The decision is not binding on the
parties and is only advisory.
(B) It is valid as the bond requirement
ensures that only candidates with (E) The binding effect on the parties
sufficient means and who cannot be depends on their submission
corrupted, can runfor public office. agreement.
(D) It is invalid as the amount of the V. Under the UN Convention on the Law of
surety bond is excessive and the Sea, the exclusive economic zone refers
(E) It is valid because it is a reasonable (A) that is at least 100 miles from the
requirement; the Constitution itself baselines from which the outer limit of
public officers.
(B) that is at least 200 miles but not to
IV. What is the legal effect of decisions of (C) beyond and adjacent to a country's
the International Court of Justice in cases territorial sea which cannot go beyond
submitted to it for resolution? (1%) 200 nautical miles from the baselines
from which the outer limit of the
(A) The decision is binding on other territorial sea is measured
countries in similar situations.
(D) that can go beyond 3 nautical miles
(B) The decision is not binding on any but cannot extend 300 nautical miles
country, even the countries that are from the baselines from which the
parties to the case.
outer limit of the territorial sea is (B) not a Filipino citizen if his mother
measured is a Filipino citizen but his father is
not, at the time of his birth
(E) None of the above.
(C) a Filipino citizen no matter
SUGGESTED ANSWER: where he or she may be born
(E), Note: the nearest to the accurate (D) a Filipino citizen provided the child
answer may be (C) but it proposes that is born in the Philippines
EEZ cannot go beyond 200 nautical
miles “from the baseline from which the (E) a Filipino citizen if he or she so
outer limit of the territorial sea is elects upon reaching the age of 21
measured.”
SUGGESTED ANSWER:
This is not correct because the baseline
is the point from which the entire (C), Sec. 1(2) of Article III of the 1973
breadth of the territorial sea is measured Constitution and Sec. 1(2) of Article IV
(A) not a Filipino citizen as his father (E) Both the members of Congress and
and mother must both be Filipino the President acting jointly, if so
citizens at the time of his birth
provided by the General Appropriations (C), Sec. 5, Article X of the 1987
Act. Constitution
(C) No, because only limitations (E) to all collegial judicial and quasi-
established by Congress can define judicial adjudicatory bodies
and limit the powers of local
governments. SUGGESTED ANSWER:
(D) Yes, because the President has the (D), Sec. 13, Article VIII of the 1987
(B) All bodies labeled as "independent" (B) may grant the request as the
by the Constitution enjoyfiscal records of the Filipinas Air case are
autonomy as an attribute of their public records
independence.
(C) should deny the request since
(C) Not all bodies labeled as records of cases that are pending
"independent" by the Constitution for decision are privileged except
were intended to be independent from only for pleadings, orders and
the Executive branch of government. resolutions that are available to the
public
(D) The Constitution guarantees
various degrees of independence from (D) should deny the request because it
the other branches of government violates the Court's independence and
when it labels bodies as the doctrine of separation of powers
"independent".
(E) should grant the request because
(E) The COMELEC, the COA, and the of the sui generis nature of the power
CSC enjoy the same degree of of impeachment, provided that the Bill
independence. of Rights is not violated
(A), Article IX-A of the 1987 Constitution (C), In re: Letters of Atty. Estelito
Mendoza, 668 SCRA 11
XI. At the Senate impeachment trial of
Justice Pablo P. San Quintin, Hon. Emilio XII. Mr. Sinco sued the government for
A. Tan, Congressman and Impeachment damages. After trial, the court ruled in his
Panel Manager, wrote the Supreme Court favor and awarded damages amounting to
requesting that the prosecutors be allowed P50 million against the government. To
to examine the court records of Stewards satisfy the judgment against the
Association of the Philippines, Inc. (SAP!) v. government, which valid option is available
Filipinas Air, et al., G.R. No. 987654, a case to Mr. Sinco? ( 1%)
that is still pending. The High Court
__________. (1%)
(A) Garnish the government funds enjoyment by all the people of the
deposited at the Land Bank. blessings of democracy.
(B) File a claim with the (B) The State shall give priority to
Commission on Audit (COA) education, science and technology,
pursuant to Commonwealth Act arts, culture, and sports to foster
327, as amended by Presidential patriotism and nationalism,
Decree1445. accelerate social progress, and
promote total human liberation and
(C) Make representations with the development.
Congress to appropriate the amount
to satisfy the judgment. (C) The natural and primary right
and duty of parents in the rearing
(D) File a petition for mandamus in of the youth for civic efficiency and
court to compel Congress to the development of moral character
appropriate P50 million to satisfy the shall receive the support of the
judgment. Government.
(E) Proceed to execute the judgment (D) The right of the people to
as provided by the Rules of Court information on matters. of public
because the State allowed itself to be concern shall be recognized. Access to
sued. official records, and to documents and
papers pertaining to official acts,
SUGGESTED ANSWERS:
transactions, or decisions, as well as
to government research data used as
(B) and (C), U.P. vs. Dizon, 679 SCRA 54
basis for policy development, shall be
XIII. Which of the following provisions of the afforded the citizen, subject to such
Constitution does not confer rights that can limitations as may be provided by law.
SUGGESTED ANSWERS:
(A) The maintenance of peace and
order, the protection of life, liberty,
(A), (B), and (C) are all found in Article II
and property, and promotion of the
of the 1987 Constitution. They are not
general welfare are essential for the
self-executing. D is a right found in the
Bill of Rights (Section 7, Article III of the (C) No, international agreements are
1987 Constitution). It is self-executing sui generis and stand independently
and does not require legislation. of our domestic laws.
(D), The right to information is found in (D) Yes, the executive agreement is
Article III, Section 7 of the 1987 actually a treaty which does not take
Constitution. It is self-executory and is effect without ratification by the
not a mere guideline for legislation Senate.
(Legaspi vs. Civil Service Commission,
150 SCRA 530). (E) Yes, the challenge is correct
because there is no law empowering
ALTERNATIVE ANSWER: the President to undertake the
importation.
(E), Kilosbayan, Inc. vs. Morato, 246
SCRA 540; Article III, Section 8 includes SUGGESTED ANSWER:
the phrase “subject to such limitations
as may be provided by law.” (A), Gonzales vs. Hechanova, 9 SCRA 230
XIV. The President entered into an XV. The separation of Church and State is
executive agreement with Vietnam for the most clearly violated when __________. (1%)
parents
XVII. Senator GSC proposed a bill
(B) Congress may, by law, provide (A) Clear and Present Danger Test
limitations on the President's
power to contract or guarantee (B) Compelling State Interest Test
foreign loans on behalf of the
Republic of the Philippines. (C) Balancing of interests Test
9. The Constitution provides that the (d) Section 15, Article XIV of
15. Which one of the following theories (c) Navarro vs. Ermita, 612 SCRA 131
does not support the valid
delegation of authority by the 17. Article V1, Section 5(3) of the
statute; a. 250,000;
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(b) Garcia vs. Mata, 65 SCRA 517 d. the rate decreases as the tax
base increases.
24. The requirement that "Every bill
shall embrace only one subject SUGGESTED ANSWER:
deliberations.
30. Congressman Sugar Oll authored a
29. A person who has a personal and a. No, because Fr. Gal has no
31. Where there is "the impossibility of a 33. The totality of governmental power
b. prudential kind;
SUGGESTED ANSWER:
c. respectful kind;
d. deference kind.
(c) and (d). It is suggested either (c) or (d)
may be accepted as a correct answer.
SUGGESTED ANSWER:
b. factual;
SUGGESTED ANSWER: prosecutor moves for
dismissal with the consent
(b) Edu vs. Ericta, 35 SCRA 482 of Pot. Granted;
c. Pot is accused before the
35. In the hierarchy of civil liberties,
RTC of qualified theft. After
which right occupies the highest
innumerable postponements
preferred position:
against Pot’s wishes, he
a. right to academic freedom;
moves for dismissal for
b. right to a balanced and
denial of the right to a
healthful ecology;
speedy trial. Prosecutor
c. right to freedom of
posts no objections.
expression and of
Dismissal granted;
assembly;
d. Pot is accused before the
d. right to equal health.
RTC of qualified theft. After
innumerable postponements
SUGGESTED ANSWER:
against Pot’s wishes, the
42. Which one of the following (c) City of Manila vs. Estrada, 25 Phil.
circumstances is NOT an element of 208
taking under eminent domain:
a. entering upon public 44. Under Article III, Section 12 of the
property for a momentary Constitution, any person under
period; investigation for the commission of
b. under color of legal an offense shall have the right to be
authority; informed of his right to remain
c. devoting it to public use; silent, etc. The investigation referred
d. as substantially to cust the to is called:
owner of all beneficial a. preliminary investigation;
ownership. b. summary investigation;
c. criminal investigation;
SUGGESTED ANSWER: d. custodial investigation.
SUGGESTED ANSWER: SUGGESTED ANSWER:
(a) People vs. Sunga, 339 SCRA 624; (c) (b) Section 19, Article III of Constitution
Galman vs. Pamaran, 138 SCRA 294; (d)
Section 12, Article III of Constitution. 47. The requisites of a valid trial in
absentia exclude:
45. All persons charged shall, before a. Wherein his/her failure to
conviction, be bailable by sufficient appear is unjustifiable;
sureties, except those charged with: b. Wherein he/she allows
a. offenses punishable by death himself/herself to be
when evidence of guilt is identified by the witness in
strong; his/her absence, without
b. offenses punishable by life further unqualified
imprisonment when evidence admitting that every time
of guilt is strong; a witness mentions a name
c. offenses punishable by death by which he/she is known,
when evidence of guilt is it shall be understood to
weak; refer to him/her;
d. offenses punishable by c. Wherein he/she has been
reclusion perpetua when duly notified of the trial;
evidence of guilt is strong. d. Wherein the accused has
already been arraigned.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(d) Section 13, Article III of Constitution
(b) Carredo vs. People, 183 SCRA 373
46. Criminal trial may proceed,
notwithstanding the absence of the 48. The privilege of the writ of habeas
accused provided that he has been corpus shall not be suspended
duly notified, and his failure to except in cases of:
appear is unjustifiable, after: a. imminent danger of invasion
a. preliminary investigation; or rebellion when the public
b. arraignment; safety requires it;
c. sentencing; b. grave danger of invasion or
d. prosecution has rested its rebellion when the public
case. safety requires it;
c. clear and present danger of a. unless for compelling
invasion or rebellion when reasons involving death
the public safety requires it; penalty crimes and the
d. invasion or rebellion when executive hereafter provides
the public safety requires for it;
it. b. unless for compelling
reasons involving heinous
SUGGESTED ANSWER: crimes and a constitutional
amendment provides for it;
(d) Section 18, Article VII of Constitution
c. unless for compelling
reasons involving heinous
49. The right of the accused against
crimes and Congress
self-incrimination will be violated if:
hereafter provides for it;
a. he is charged with
d. unless for compelling
violation of the Anti-Money
reasons involving heinous
Laundering Act and he was
crimes and the Supreme
required to produce his
Court hereafter upholds it.
bank passbook;
b. he is a public officer charged
SUGGESTED ANSWER:
with amassing ill-gotten
wealth and his statement of (c) Section 19(1), Article III of
assets and liabilities will be Constitution
presented as evidence;
c. his gun was subjected to a 51. An ex post facto law has been
ballistics test; defined as one:
d. a sample of his blood was a. which aggravates a crime or
taken if his blood type makes it lesser than when it
matches the blood type was committed;
found at the scene of the b. which mitigates a crime or
crime. makes it lesser than when it
was committed;
SUGGESTED ANSWER: c. which aggravates a crime
or makes it greater than
(a) Khetin vs. Villareal, 42 Phil. 886
when it was committed;
tender. Commissioners;
c. Chairman and three (3)
SUGGESTED ANSWER: Commissioners;
d. Chairman and four (4)
(c) People vs. Ferrer, 48 SCRA 382 Commissioners.
responsibility.
(d) Section 2, Article XI of Constitution
SUGGESTED ANSWER:
59. Which is NOT an impeachable
d. a sovereign entity.
(c) Section 2, Article XI of Constitution
SUGGESTED ANSWER:
60. Which has the exclusive power to
SUGGESTED ANSWER:
(c) Section 9, Article XI of Constitution b. Philippine Mission of the
International Monetary
65. SALN means: Fund;
a. Summary of assets, liabilities c. Central Bank of the
and net worth; Philippines;
b. Statement of assets in d. World Bank, Philippine
banks, liabilities and net Affiliate.
worth;
c. Statement of assets, SUGGESTED ANSWER:
liabilities and net worth;
d. Statement of personal (c) Section 20, Article XII of Constitution
Commission;
69. Bona fide associations of citizens
c. National Economic
which demonstrate capacity of
Development Authority;
promote the public interest and with
d. National Economic Council.
identifiable leadership, membership,
because it does not indicate the ground that the jumper cable was
limit, such as the “outer limt of the Mandaluyong and not Makati. The
82. One of the cardinal primary due 84. Which one of the enumeration below
process rights in administrative does not come under the
proceedings is that evidence must Administrative Code definition of a
be "substantial." "Substantial "rule":
evidence" is: a. agency statement of general
a. less than a mere scintilla; applicability that implements
b. less than preponderant or interprets a law;
scintilla; b. fixes and describes the
c. more than a glint of scintilla; procedures in or practice
d. more than a mere scintilla. requirements of, an agency;
c. includes memoranda and
SUGGESTED ANSWER: statements concerning
internal administration;
(d) Ang Tibay vs. CIR, 69 Phil. 636
d. an agency process for the
formulation of a final
83. A statutory provision requiring the
order.
President or an administrative
agency to present the proposed
SUGGESTED ANSWER:
implementing rules and regulations
of a law to Congress which by itself (d) Section 2(2), Chapter 1, Book VII of
or through a committee formed by Administrative Code
it, retains a "right" or "power" to
approve or disapprove such 85. Under the Administrative Code,
regulations before they may take "adjudication" means:
effect, is a: a. whole or any part of any
a. legislative encroachment; agency permit, certificate, or
other form of permission, or views prior to the adoption of
regulation of the exercise of a any rule;
right or privilege; c. as far as practicable, publish
b. an agency process for the or circulate notices of
formulation of a final proposed rules and afford
order; the party-list parties the
c. agency process for the opportunity to submit their
formulation, amendment, or views prior to the adoption of
repeal of a rule; any rule;
d. agency process involving the d. as far as practicable,
grant, renewal, denial, publish or circulate notices
revocation or conditioning of of proposed rules and
a license. afford interested parties
the opportunity to submit
SUGGESTED ANSWER: their views prior to the
adoption of any rule.
(b) Section 2(9), Chapter 1, Book VII of
Administrative Code SUGGESTED ANSWER:
86. The requirement of the (d) Section 9(1), Chapter 2, Book VII of
Administrative Code on "public Administrative Code
participation" is that, if not
otherwise required by law, an 87. Under the Administrative Code, in
agency shall: the fixing of rates, no rules or final
a. in all cases, publish or order shall be valid unless:
circulate notices of proposed a. the proposed rates shall have
rules and afford interested been submitted to the U.P.
parties the opportunity to Law Center for publication at
submit their views prior to least two weeks before the
the adoption of any rule; first hearing thereon;
b. in all clear and proper cases, b. the proposed rates shall have
publish or circulate notices been published in the Official
of proposed rules and afford Gazette at least two weeks
interested parties the before the final hearing
opportunity to submit their thereon;
c. the proposed rates shall 89. In the judicial review of decisions of
have been published in a administrative agencies, the
newspaper of general Administrative Code requires that,
circulation at least two except when specifically provided
weeks before the first otherwise by law:
hearing thereon; a. the findings of law of agency
d. the proposed rates shall have when supported by
been published in a substantial evidence, shall
newspaper of general be final;
circulation at least two b. the findings of fact of the
weeks before the final agency when supported by
hearing thereon. preponderant evidence,
shall be final;
SUGGESTED ANSWER: c. the findings of fact of the
agency when supported by
(c) Section 9(2), Chapter 2, Book VII of
substantial evidence, shall
Administrative Code
be final;
d. the findings of law of the
88. In the judicial review of decisions of
agency when supported by
administrative agencies, the
credible evidence, shall be
Administrative Code requires that
final.
the review shall be made:
a. on the basis of the pleadings
SUGGESTED ANSWER:
taken as a whole;
b. on the basis of the record (b) Section 25(7), Chapter 4, Book VII of
taken as a whole; Administrative Code
c. on the basis of the evidence
taken as a whole; 90. The right of the accused to be
d. on the basis of the informed is violated if:
memoranda taken as a a. he was accused of killing
whole. his wife by strangulation
but it was proven that his
SUGGESTED ANSWER: wife died of poisoning;
b. it was proven that he killed
(b) Section 25(7), Chapter 4, Book VII of
somebody on a date different
Administrative Code
from the one alleged in the d. protected judicial discretion.
information;
c. he was charged with SUGGESTED ANSWER:
-0-0-0-
Accused was then arraigned,
pleaded guilty, was found guilty and
sentenced. On appeal, the Supreme
Court reversed. The accused was
deprived of his:
a. right to cross-examination;
2011 Political Law Exam of the President which reinstated the
LTFRB’s ruling. BB Express went to the
MCQ (November 6, 2011) Court of Appeals on certiorari questioning
the decision of the Office of the President on
(1) Filipino citizenship may be acquired
the ground that Office of the President has
through judicial naturalization only by an
no jurisdiction over the case in the absence
alien
of any law providing an appeal from DOTC
to the Office of the President. Will the
(A) born, raised, and educated in the
petition prosper?
Philippines who has all the
qualifications and none of the
(A) No, exhaustion of administrative
disqualifications to become a
remedies up to the level of the
Filipino citizen.
President is a pre-requisite to
judicial recourse.
(B) who has all the qualifications
and none of the disqualifications
(B) No, the action of the DOTC
to become a Filipino citizen.
Secretary bears only the implied
approval of the President who is
(C) born and raised in the
not precluded from reviewing the
Philippines who has all the
decision of the former.
qualifications and none of the
disqualifications to become a
(C) Yes, when there is no law
Filipino citizen.
providing an appeal to the Office of
the President, no such appeal may
(D) whose mother or father is a
be pursued.
naturalized Filipino and who himself
is qualified to be naturalized.
(D) Yes, the doctrine of qualified
political agency renders
(2) Jax Liner applied for a public utility bus
unnecessary a further appeal to the
service from Bacolod to Dumaguete from
Office of the President.
the Land Transportation Franchising and
Regulatory Board (LTFRB). BB Express
(3) Where A is set for promotion to
opposed. LTFRB ruled in favor of Jax. BB
Administrative Assistant III and B to the
appealed to the Secretary of the
post of Administrative Assistant II vacated
Department of Transportation and
by A, the appointing authority must
Communication (DOTC), who reversed the
LTFRB decision. Jax appealed to the Office
(A) submit to the CSC the two Commission (CSC) subsequently found him
promotional appointments guilty and after considering a number of
together for approval. mitigating circumstances, reduced his
penalty to only one month suspension. Is
(B) not appoint B until the CSC has Mario entitled to back salaries?
approved A’s appointment.
(A) Yes, the reduction of the penalty
(C) submit to the Civil Service means restoration of his right to
Commission (CSC) the second back salaries.
appointment after its approval of the
first. (B) No, the penalty of one month
suspension carries with it the
(D) simultaneously issue the forfeiture of back salaries.
appointments of A and B.
(C) No, he is still guilty of grave
(4) When a witness is granted transactional misconduct, only the penalty was
immunity in exchange for his testimony on reduced.
how his immediate superior induced him to
destroy public records to cover up the (D) Yes, corresponding to the period
latter's act of malversation of public funds, of his suspension pending appeal
the witness may NOT be prosecuted for less one month.
(B) dictated by the need to maintain recreational complex for the members of the
(C) flexibility.
(D) Yes, it serves the well-being of (C) No, international agreements are
the local residents. sui generis which must stand
independently of our domestic laws.
(11) An example of a content based
restraint on free speech is a regulation (D) Yes, the executive agreement is
prescribing actually a treaty which does not
take effect without ratification by
(A) maximum tolerance of pro- the Senate.
government demonstrations.
(13) Jose Cruz and 20 others filed a petition
(B) a no rally-no permit policy. with the COMELEC to hold a plebiscite on
their petition for initiative to amend the
(C) when, where, and how lawful
Constitution by shifting to a unicameral
assemblies are to be conducted.
parliamentary form of government.
Assuming that the petition has been signed
(D) calibrated response to rallies
by the required number of registered voters,
that have become violent.
will it prosper?
(B) No, the President is the sole (14) The Comelec en banc cannot hear and
organ of the government in external decide a case at first instance EXCEPT
relations and all his actions as such when
form part of the law of the land.
(A) a Division refers the case to it for (D) based on the objection of the
direct action. accused to the prosecution's
motion to postpone trial.
(B) the case involves a purely
administrative matter. (17) The new Commissioner of Immigration,
Mr. Suarez, issued an Office Order directing
(C) the inhibition of all the members the top immigration officials to tender
of a Division is sought. courtesy resignation to give him a free hand
in reorganizing the agency. In compliance,
(D) a related case is pending before
Director Sison of the Administrative
the Supreme Court en banc.
Department tendered his resignation in
writing which Mr. Suarez immediately
(15) Each of the Constitutional
accepted. Director Sison went to court,
Commissions is expressly described as
assailing the validity of his courtesy
"independent," exemplified by its
resignation and Mr. Suarez’s acceptance of
(A) immunity from suit. the same. Will the action prosper?
(C) published and posted in three (20) After X, a rape suspect, was apprised of
public places. his right to silence and to counsel, he told
the investigators that he was waiving his
(D) published and all stakeholders
right to have his own counsel or to be
are personally notified.
provided one. He made his waiver in the
presence of a retired Judge who was
(19) The government sought to expropriate
assigned to assist and explain to him the
a parcel of land belonging to Y. The law
consequences of such waiver. Is the waiver
provides that, to get immediate possession
valid?
of the land, the government must deposit
the equivalent of the land's zonal value. The
(A) No, the waiver was not reduced
government insisted, however, that what
in writing.
apply are the rules of court which require
an initial deposit only of the assessed value (B) Yes, the mere fact that the
of the property. Which should prevail on lawyer was a retired judge does not
this matter, the law or the rules of court? cast doubt on his competence and
independence.
(A) Both law and rules apply
because just compensation should (C) Yes, the waiver was made
be fixed based on its zonal or voluntarily, expressly, and with
assessed value, whichever is higher. assistance of counsel.
(B) Both law and rules apply (D) No, a retired Judge is not a
because just compensation should competent and independent
be fixed based on its zonal or counsel.
assessed value, whichever is lower.
(21) Governor Paloma was administratively
(C) The law should prevail since charged with abuse of authority before the
the right to just compensation is Office of the President. Pending hearing, he
a substantive right that Congress ran for reelection and won a second term.
has the power to define. He then moved to dismiss the charge
against him based on this supervening (A) only to present conditions.
event. Should the motion be granted?
(B) so long as it remains relevant to
(A) Yes, Governor Paloma's the government.
reelection is an expression of the
electorate's obedience to his will. (C) for a limited period only.
(B) No, Governor Paloma's reelection (D) for as long as the problem to
malfeasance in office.
(24) The President wants to appoint A to the
(C) No, Governor Paloma's reelection vacant post of Associate Justice of the
when he filed his certificate of efficiency. But A’s name is not on the list of
candidacy for his reelection bid. nominees that the Judicial and Bar Council
(JBC) submitted to the President. What
(D) Yes, Governor Paloma's should the President do?
reelection is an expression of the
electorate's restored trust. (A) Request the JBC to consider
adding A to the list.
(22) The decision of the Regional Trial Court
on appeals pertaining to inclusions or (B) Decline to appoint from the list.
(A) is inappealable.
(D) Return the list to JBC.
Supreme Court.
(A) the basic interest of people.
appointment as permanent.
(D) Yes, no impeachment
(30) A department secretary may, with the (D) No, the rule goes beyond the
President's consent, initiate his appearance sphere of the law.
before the Senate or the House of
Representatives which (32) Senator Bondoc was charged with
murder and detained at the Quezon City
(A) must seek the concurrence of the Jail. He invoked, in seeking leave from the
other House before acting. court to attend the session of the Senate,
his immunity from arrest as a Senator. How
(B) must hold an executive session should the court rule on his motion?
to hear the department secretary.
(A) Deny the motion unless the
(C) may altogether reject the Senate issues a resolution certifying
initiative. to the urgency of his attendance at
its sessions.
(D) must accept such initiated
appearance.
(B) Grant the motion provided he (C) X is entitled to reinstatement but
posts bail since he is not a flight not to back salaries on ground of
risk. "damnum absque injuria."
municipality.
(38) When the President orders the Chief of
(D) No, the 3 term limit should not the Philippine National Police to suspend
(D) The driver sped away in his by his government. State X, as signatory to
car when the police flagged him the Vienna Convention, agreed to ICJ's
(A) Pacta Sunt Servanda (D) No, police officers do not have
unbridled discretion to conduct a
(B) Act of State Doctrine warrantless search of moving
vehicles.
(C) Protective Principle
(43) During his incumbency, President (C) No, because her mother is not
Carlos shot to death one of his advisers the designating authority.
during a heated argument over a game of
golf that they were playing. The deceased (D) No, because Maria is related to
adviser’s family filed a case of homicide the supervising authority within the
against President Carlos before the city prohibited degree of consanguinity.
prosecutor’s office. He moved to dismiss the
case, invoking presidential immunity from (45) The President's appointment of an
(D) unenforceable.
(C) Yes, his immunity holds for
the whole duration of his tenure.
(46) Congress passed a bill appropriating
P50 million in assistance to locally based
(D) No, his immunity does not cover
television stations subject to the condition
crimes involving moral turpitude.
that the amount would be available only in
(44) The School Principal of Ramon places where commercial national television
Magsaysay High School designated Maria, stations do not operate. The President
her daughter, as public school teacher in approved the appropriation but vetoed the
her school. The designation was assailed on condition. Was the veto valid?
(C) No, since the veto amounted to a (A) No, it leaves the public
suppression of the freedom to uncertain as to what conduct it
communicate through television. prohibits.
(D) No, since the approval of the (B) No, since it discriminates
item carried with it the approval between loitering in public places
of the condition attached to it. and loitering in private places.
(47) In the exercise of its power of legislative (C) Yes, it provides fair warning to
inquiries and oversight functions, the gang members prior to arrest
House of Representatives or the Senate may regarding their unlawful conduct.
only ask questions
(D) Yes, it is sufficiently clear for the
(A) that the official called is willing public to know what acts it
to answer. prohibits.
(B) that are relevant to the proposed (49) The people may approve or reject a
legislation. proposal to allow foreign investors to own
lands in the Philippines through an
(C) to which the witness gave his electoral process called
prior consent.
(A) referendum.
(D) material to the subject of
inquiry. (B) plebiscite.
(B) will subject him to a quo (D) invalid for being discriminatory.
warranto action.
(53) Small-scale utilization of natural
(C) remains valid. resources by Filipino citizens may be
allowed by
(D) may be denied due course.
(A) Congress.
(51) A candidate who commits vote buying
on Election Day itself shall be prosecuted (B) either the Senate or the House of
by the Representatives.
(B) invalid for being ultra vires. Yani objected to several returns which he
said were tampered with. The board of
canvassers did not entertain Yani's (A) the operative fact doctrine.
objections for lack of authority to do so.
Yani questions the law prohibiting the filing (B) the rule against double jeopardy.
(56) When the Supreme Court nullified the been arraigned and had notice and
decisions of the military tribunal for lack of did not justify his absence.
(62) A child born in the United States to a (B) She was not a public officer
Filipino mother and an American father is because she had no valid existing
public office.
(A) a Filipino citizen by election.
(C) She was a de jure officer since
(B) a repatriated Filipino citizen. she completed her term before she
was disqualified.
(C) a dual citizen.
faith and immunity from suit for acts governed by its own rules respecting
relating to his official duty, claiming he was review of cases appealed to it.
(A) Atty. Crispin is immune from crafted factual findings and legal
presumption of regularity of
(C) Yes, administrative due process
performance of public duty.
demands that the Office of the
(76) Mass media in the Philippines may be (D) degrading and queer penalties.
(A) corporations wholly owned and misconduct before the Supreme Court. The
(C) requires hearing the parties on case before the Court of Appeals and
(D) permits the parties to file (C) Yes, Judge Lloyd 's right to stay
(A) No, public officers may be sued (B) No, the petition, though initiated
to restrain him from enforcing an by just one person may be ratified
act claimed to be by at least 25% of those who
unconstitutional. actually voted during the 2004 local
elections.
(B) Yes, the order was not a
proprietary act of the government. (C) Yes, the petition should be
initiated by at least 25% of the total
(C) No, only the president may raise number of registered voters who
the defense of immunity from suit. actually voted during the 2004 local
elections.
(D) Yes, Secretary Chua cannot be
sued for acts done in pursuance to (D) Yes,the petition should be
his public office. initiated by at least 25% of the
total number of registered voters
(81) Anton was the duly elected Mayor of
of Tunawi.
Tunawi in the local elections of 2004. He
got 51% of all the votes cast. Fourteen (82) Using the description of the supplier of
months later, Victoria, who also ran for shabu given by persons who had been
mayor, filed with the Local Election arrested earlier for selling it, the police
Registrar, a petition for recall against conducted a surveillance of the area
indicated. When they saw a man who fitted (B) it is in accord with the
the description walking from the apartment prescribed manner of enforcement
to his car, they approached and frisked him as to time, place, and person.
and he did not object. The search yielded
an unlicensed gun tucked on his waist and (C) all affected parties are given the
(A) No, the man did not manifest (D) the interest of the general
(B) Yes, the police acted on reliable (84) A judge of the Regional Trial Court
information which proved correct derives his powers and duties from
(83) A law interfering with the rights of the (A) require the investigating body
person meets the requirements of to expedite the investigation.
substantive due process when
(B) hold in abeyance the period of
(A) the means employed is not such suspension.
against public policy.
(C) direct the holding of an election
to fill up the temporary vacancy.
(D) shorten the period of such unconstitutional for suppressing
suspension. information of public concern?
(86) When the State requires private (A) No, because those department
cemeteries to reserve 10% of their lots for heads are his alter egos and he is
burial of the poor, it exercises its but exercising his right against self-
incrimination.
(A) eminent domain power.
(B) Yes, the President cannot control
(B) zoning power. the initiative of the department
heads to conform with the oversight
(C) police power.
function of Congress.
competitor companies.
(89) When the President contracted a
(C) publicly converging with patrons personal loan during his incumbency, he
competitor companies.
(B) during his tenure of office.
action.
(A) Yes, it is an implied power
(D) be restrained for being sub flowing from the President's exercise
(91) A government that actually exercises (B) No, it is a power reserved for
(95) The Office of the Special Prosecutor (C) Yes, since the power to fill up all
may file an information against a public government positions mentioned in
officer for graft the Constitution has been lodged in
the President.
(A) on its own initiative subject to
withdrawal of the information by the (D) No, because absent any express
Ombudsman. authority under the Constitution,
the power to appoint does not exist.
(B) independently of the
Ombudsman, except in plunder (97) The Chief Justice appointed X, the
cases. President’s sister, as Assistant Court
Administrator in the Supreme Court during
(C) only when authorized by the
the President's tenure. Claiming that the
Ombudsman.
Constitution prohibits the appointment in
government of a President’s relative, a
(D) independently of the
taxpayer asks for its nullification. Will the
Ombudsman.
challenge prosper?
(99) Mayor Lucia of Casidsid filed her such differential treatment, claiming it is
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