2003 BAR EXAMINATIONS

POLITICAL LAW

INSTRUCTIONS

1. This Questionnaire contains TEN (10) pages including this page. Check the number of pages and their
proper sequencing. You may write notes on this Questionnaire.

2. This Questionnaire is divided into two (2) parts: Part I and Part II. Write your answers to the questions in
Part I (consisting of problem sets labelled A.1. to A.10.) in Booklet I and the answers to the questions in Part
II (consisting of problem sets labelled B・11.to B・ 20 ・)in Booklet II. Answers written in the wrong
booklet shall not be given any credit ・

3. Read each question carefully and note the points allocated for each question. In your answers, follow the
sequence and the numbering system used in the Questionnaire. Answer each numbered question on a
separate page; an answer to a sub-question under the same number set may be written continuously on the
same page and succeeding pages until completed.

4. Your answers should demonstrate your ability to analyze the facts, apply the pertinent laws and
jurisprudence, and arrive at sound and logical conclusions. Always support your answers with the pertinent
laws, rules, and/or jurisprudence. A mere "yes" or "no" answer without any corresponding explanation or
discussion may not be given full credit.

5. Marking of your booklets with your name or other identifying signs or symbols extraneous to the subject
matter of the questions may be considered as cheating, and may disqualify you for the whole examinations.

YOU CAN BRING HOME THE QUESTIONNAIRE・

JUSTICE ESTELA M・ PERLAS-BERNABE

Chairperson

2003 Bar Examinations

PART I

Note: As stated in the Instructions, Part I covers problem sets labelled A・1・ to A・10・ All answers to
 these questions should be written in Booklet I

A.1

Is "people power" recognized by the 1987 Constitution? Explain fully

A.2

Article II. Section 3, of the 1987 Constitution expresses, in part, that the "Armed Forces of the Philippines is
the protector of the people and (of) the State." Describe briefly what this provision means. Is the Philippine National
Police covered by the same mandate?

A.3

The municipal council of the municipality of Guagua, Pampanga, passed an ordinance penalizing any person
or entity engaged in the business of selling tickets to movies or other public exhibitions, games or performances which
would charge children between 7 and 12 years of age the full price of admission tickets instead of only one-half of the
amount thereof. Would you hold the ordinance a valid exercise of legislative power by the municipality? Why?

A.4

May the COMELEC (COMELEC) prohibit the posting of decals and stickers on "mobile" places, public or
private, such as on a private vehicle, and limit their location only to the authorized posting areas that the COMELEC
itself fixes? Explain.

A.5

Children who are members of a religious sect have been expelled from their respective public schools for
refusing, on account of their religious beliefs, to take part in the flag ceremony which includes playing by a band or
singing the national anthem, saluting the Philippine flag and reciting the patriotic pledge. The students and their
parents assail the expulsion on the ground that the school authorities have acted in violation of their right to free public
education, freedom of speech, and religious freedom and worship. Decide the case.

A.6

Juan Cruz was born of Filipino parents in 1960 in Pampanga. In 1985, he enlisted in the U.S. Marine Corps
and took an oath of allegiance to the United States of America. In 1990, he was naturalized as an American citizen.
In 1994, he was repatriated under Republic Act No. 2430. During the 1998 National Elections, he ran for and was
elected representative of the First District of Pampanga where he resided since his repatriation. Was he qualified to
run for the position? Explain

A.7

Miguel Sin was born a year ago in China to a Chinese father and a Filipino mother His parents met in Shanghai
where they were lawfully married just two years ago. Is Miguel Sin a Filipino citizen?
 A.8

A group of losing litigants in a case decided by the Supreme Court filed a complaint before the Ombudsman
charging the Justices with knowingly and deliberately rendering an unjust decision in utter violation of the penal laws
of the land. Can the Ombudsman validly take cognizance of the case? Explain.

A.9

What is the nature of an "acting appointment" to a government office? Does such an appointment give the
appointee the right to claim that the appointment will, in time, ripen into a permanent one? Explain.

A.10

An Executive Agreement was executed between the Philippines and a neighboring State. The Senate of the
Philippines took it upon itself to procure a certified true copy of the Executive Agreement and, after deliberating on it,
declared, by a unanimous vote, that the agreement was both unwise and against the best interest of the country. Is
the Executive Agreement binding (a) from the standpoint of Philippine law and (b) from the standpoint of international
law? Explain

A.11

A corporation, a holder of a certificate of registration issued by the Securities and Exchange Commission, is
owned and controlled by the Republic of the Philippines. The Civil Service Commission (CSC), in a memorandum-
order, directs the corporation to comply with Civil Service Rules in the appointment of all of its officers and employees.
The memorandum-order of the CSC is assailed by the corporation, as well as by its officers and employees, before
the court. How should the case be resolved?

A.12

In the municipal mayoralty elections in 1980, the candidate who obtained the highest number of votes was
subsequently declared to be disqualified as a candidate and so ineligible for the office to which he was elected. Would
this fact entitle a competing candidate who obtained the second highest number of votes to ask and to be proclaimed
the winner of the elective office? Reasons.

A.13

(a) Pedro Reyes is an incumbent Vice¬Mayor of Quezon City. He intends to run in the regular elections for
the position of City Mayor of Quezon City whose incumbent mayor would have fully served three consecutive terms
by 2004. Would Pedro Reyes have to give up his position as Vice-Mayor-

(1) Once he files his certificate of candidacy; or

(2) When the campaign period starts; or
(3) Once and if he is proclaimed winner in the election; or
(4) Upon his assumption to the elective office; or
(5) None of the above.

Choose the correct answer

 (b) If Pedro Reyes were, instead, an incumbent Congressman of Quezon City, who intends to seek the
mayoralty post in Quezon City, would your choice of answer in no.(1) above be the same? If not, which would be your
choice?

A.14

An aggrieved resident of the City of Manila filed mandamus proceedings against the city mayor and the city
engineer to compel these officials to remove the market stalls from certain city streets which they had designated as
flea markets. Portions of the said city streets were leased or licensed by the respondent officials to market stallholders
by virtue of a city ordinance. Decide the dispute.

A.15

Can a Barangay Assembly exercise any police power?

A.16

Can the Liga ng mga Barangay exercise legislative powers?

A.17

A group of losing litigants in a case decided by the Supreme Court filed a complaint before the Ombudsman
charging the Justices with knowingly and deliberately rendering an unjust decision in utter violation of the penal laws
of the land. Can the Ombudsman validly take cognizance of the case? Explain.

A.18

Children who are members of a religious sect have been expelled from their respective public schools for
refusing, on account of their religious beliefs, to take part in the flag ceremony which includes playing by a band or
singing the national anthem, saluting the Philippine flag and reciting the patriotic pledge. The students and their
parents assail the expulsion on the ground that the school authorities have acted in violation of their right to free public
education, freedom of speech, and religious freedom and worship. Decide the case.

A.19

A group of high-ranking officials and rank-and-file employees stationed in a foreign embassy in Manila were
arrested outside embassy grounds and detained at Camp Crame on suspicion that they were actively collaborating
with "terrorists" out to overthrow or destabilize the Philippine Government. The Foreign Ambassador sought their
immediate release, claiming that the detained embassy officials and employees enjoyed diplomatic immunity. If invited
to express your legal opinion on the matter, what advice would you give?

A.20

An Executive Agreement was executed between the Philippines and a neighboring State. The Senate of the
Philippines took it upon itself to procure a certified true copy of the Executive Agreement and, after deliberating on it,
declared, by a unanimous vote, that the agreement was both unwise and against the best interest of the country. Is
the Executive Agreement binding (a) from the standpoint of Philippine law and (b) from the standpoint of international
law? Explain.

A.21

What are the so-called Mandates and Trust Territories? Does the United Nations exercise sovereignty over
these territories? In the affirmative, how is this jurisdiction exercised?

A.22

An organization of law students sponsored an inter-school debate among three teams with the following
assignments and propositions for each team to defend:

Team "A" - International law prevails over municipal law.

Team "B" - Municipal law prevails over international law.
Team "C" - A country's Constitution prevails over international law but international law prevails over municipal
statutes.

If you were given a chance to choose the correct proposition, which would you take and why?

A.23

What is outer-space? Who or which can exercise jurisdiction over astronauts while in outer space?

A.24

State your general understanding of the primary sources and subsidiary sources of international law, giving
an illustration of each.

A.25

Not too long ago, "allied forces", led by American and British armed forces, invaded Iraq to "liberate the Iraqis
and destroy suspected weapons of mass destruction." The Security Council of the United Nations failed to reach a
consensus on whether to support or oppose the "war of liberation".

Can the action taken by the allied forces find justification in International Law? Explain.

A.26

The President abolished the Office of the Presidential Spokesman in Malacanang Palace and a long-standing
Bureau under the Department of Interior and Local Governments. The employees of both offices assailed the action
of the President for being an encroachment of legislative powers and thereby void. Was the contention of the
employees correct? Explain