8/25/23, 8:14 PM [DAY 1: AM] POLITICAL LAW

[DAY 1: AM] POLITICAL LAW

This series of Mock Bar Examinations are prepared by SBCA CBO and UdM CBO
with the purpose of simulating the Three Day Bar Exam 2023 Schedule and
assess the bar taker’s proficiency in the subjects. It also aims to enhance the
composition of answers such that the structure of the answers would merit the
highest possible score under the Bar Grading Rubric provided in Bar Bulletin No.
25 s. 2021.

Each Core Bar Subject contains 20 questions and can be answered within 4
Hours. Each question was carefully crafted by the professors and academics
volunteers of both SBCA CBO and UdM CBO. The mock bar exams will NOT be
proctored. Examinees are encouraged to follow the honor code. This is not just a
test of knowledge, but also character, especially moral fitness.

Suggested answer format: ALAC method — Answer-Law or Legal Basis  —

Application-Conclusion

DISCLAIMER: All data and information obtained from the exam will remain
confidential and be used only for academic purposes, with the sole intent of
strengthening the students’ preparation for the Bar.

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8/25/23, 8:14 PM [DAY 1: AM] POLITICAL LAW

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8/25/23, 8:14 PM [DAY 1: AM] POLITICAL LAW

1) A police officer saw Dominic urinating in public. A local ordinance

imposes a Php1,000.00 fine for urinating in public. The police officer
shouted at Dominic: “That is against the law!” Dominic sarcastically
answered: “No, this is against the wall!” Then and there, the police officer
arrested him and brought him to the police station. At the police station,
Dominic was frisked and was found in possession of an unlicensed 0.22
caliber pistol loaded with two live ammunitions. He was subsequently
charged with Qualified Illegal Possession of Firearms. When the
prosecution offered in evidence the unlicensed firearm and ammunition,
the defense objected on the ground that the pieces of evidence are
products of an illegal search and seizure. The prosecution contended that
the pieces of evidence were lawfully seized after a valid warrantless
search incidental to a lawful arrest.

 Was the search and seizure valid? Explain briefly.

Your answer

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8/25/23, 8:14 PM [DAY 1: AM] POLITICAL LAW

2) Paco was the accused in a rape case. During the trial, the private
complainant testified that on the night of the incident, she was walking
home when Paco, who was her neighbor, suddenly grabbed her and
brought her to his house. There, Paco forcibly had carnal knowledge of her.
After the prosecution rested its case, Paco testified that the sexual
intercourse between him and the private complainant was consensual.
Eventually, the trial court acquitted Paco on reasonable doubt and found
that the element of force was not established.

 The People filed a Rule 65 petition for certiorari with the Court of Appeals
(CA) alleging that the trial court’s decision was rendered with grave abuse
of discretion because the private complainant’s testimony clearly
established that Paco had carnal knowledge of her through force and
without her consent. In his comment, Paco sought to dismiss the petition
on the ground of violation of his right against double jeopardy.

As the CA, how would you rule on the petition. Explain.

Your answer

3) After Martial Law was declared over Mindanao, two police officers
arrested Ivana without any warrant while shopping for clothes at a
department store in Mindanao. Ivana questioned the validity of the arrest
as he had no pending case and was not committing any crime at the time
of her arrest. The police officers countered that the declaration of Martial
Law suspended the privilege of the writ of habeas corpus, and as a result,
they could effect warrantless arrests.

Is the contention of the police officers correct? Explain.

Your answer

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8/25/23, 8:14 PM [DAY 1: AM] POLITICAL LAW

4) The Commission on Higher Education (CHED) directed higher education

institutions to remove materials “that contain pervasive ideologies of
Communist-Terrorist Groups” from their libraries. According to the CHED,
the materials need to be removed because these would radicalize students
against the government.

Is the CHED directive a violation of the institutions’ academic freedom?

Explain.

Your answer

5) Congress passed a law prohibiting the sale and distribution of alcoholic

drinks within 100 meters from religious and educational institutions. A city
enacted an ordinance increasing the coverage of the prohibition to 150
meters from any religious and educational institutions. 

Is the city ordinance valid? Explain.

Your answer

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8/25/23, 8:14 PM [DAY 1: AM] POLITICAL LAW

6) Barbara was born in 1988 to a Filipino mother and an American father,

as shown in her birth certificate. Her parents, however, were not married to
each other. Subsequently, her father petitioner for her, as a result of which
Barbara received a certificate of American citizenship and an American
passport. In 2022, Barbara filed a certificate to run as Representative of
the lone district of Batanes. Sabrina, a Filipino citizen and resident of
Batanes, filed a petition for disqualification with the Commission on
Elections alleging that Barbara is ineligible to run for public office in the
Philippines as Barbara is an American citizen. 

Is Sabrina correct? Explain.

Your answer

7) A foreign commercial ship was spotted by the Philippine Coast Guard

dumping garbage and toxic waste 20 nautical miles from Nasugbu,
Batangas, the nearest coastline of the Philippines. The officers of the ship
were arrested and charged in the Regional Trial Court (RTC) of Batangas
for violation of environmental laws of the Philippines. The officers of the
ship filed a motion to dismiss the case on the ground that Philippine
courts do not have territorial jurisdiction over the case since the vessel
was sailing outside the territorial sea of the Philippines when the arrest
was made.

Is the ground to dismiss correct? Explain.

Your answer

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8/25/23, 8:14 PM [DAY 1: AM] POLITICAL LAW

8) Ryan, while serving imprisonment for estafa upon recommendation of

the Board of Pardons and Parole, was granted pardon by the President
subject to the condition that he should not again violate any penal law of
the land. Later, the Board of Pardons and Parole recommended to the
President the cancellation of the pardon granted him because Ryan had
been charged with estafa on 30 counts and was convicted of the offense
charged although he took an appeal therefrom which was still pending. As
recommended, the President cancelled the pardon he had granted to Ryan.
Ryan was thus arrested and imprisoned to serve the balance of his
sentence in the first case. Ryan claimed in his petition for habeas corpus
filed in court that his detention was illegal because he had not yet been
convicted by final judgment and was not given a chance to be heard before
he was recommitted to prison.

Is Ryan’s argument valid?

Your answer

9) Can Sandro, a charismatic and effective 30-year-old former mayor of a

chartered city in Metro Manila, legally run for President of the Republic of
the Philippines in the 2023 elections? Explain briefly. 

Your answer

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8/25/23, 8:14 PM [DAY 1: AM] POLITICAL LAW

10) Sheena was a career Ambassador when she accepted an ad interim

appointment as Cabinet Member. The Commission on Appointment
bypassed his ad interim appointment, however, he was not re-appointed.
Can he re-assume his position as career Ambassador?

Your answer

11) In an election protest involving the position of Governor of the Province

of Laguna between Namjoon, the protestee, and Jin, the protestant, the
First Division of the Commission on Elections rendered a decision
upholding Jin’s protest.

Can Namjoon file a petition for certiorari with the Supreme Court under
Rule 65 of the Rules of Court, from the decision of the COMELEC First
Division? If yes, why? If not, what procedural step must he undertake first? 

Your answer

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8/25/23, 8:14 PM [DAY 1: AM] POLITICAL LAW

12) Bagong Pag-Asa, a multi-sectoral party-list organization duly registered

as such with the Commission on Elections (COMELEC), was proclaimed as
one of the winning party-list groups in the last national elections. Its first
nominee, Montaner, assumed office as the party-list representative.

About one year after Montaner assumed office, the Interim Central
Committee of Bagong Pag-Asa expelled Montaner from the party for
disloyalty and replaced him with Buwi, its second nominee. Montaner
questioned before the COMELEC his expulsion and replacement by Buwi. 

The COMELEC considered Montaner’s petition as intra-party dispute which

it could resolve as an incident of its power to register political parties; it
proceeded to uphold the expulsion.

 Is the COMELEC’s ruling correct?

Your answer

13) In a criminal prosecution for murder, the prosecution presented, as

witness, an employee of the Manila Hotel who produced in court a
videotape recording showing the heated exchange between the accused
and the victim that took place at the lobby of the hotel barely 30 minutes
before the killing. The accused objects to the admission of the videotape
recording on the ground that it was taken without his knowledge or
consent, in violation of this right to privacy and the Anti-Wire Tapping law.

 Resolve the objection with reasons.

Your answer

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8/25/23, 8:14 PM [DAY 1: AM] POLITICAL LAW

14) The military commander-in-charge of the operation against rebel

groups directed the inhabitants of the island which would be the target of
attack by government forces to evacuate the area and offered the
residents temporary military hamlet.

Can the military commander force the resident to transfer their places of
abode without a court order? Explain.

Your answer

15) In contravention of RA No. 9275 (Clean Water Act), a Notice of

Violation (NOV) was issued against Metropolitan Waterworks and
Sewerage System (MWSS) for failing to provide, install, operate, and
maintain adequate Wastewater Treatment Facilities (WWTFs) for
sewerage system resulting in the degraded quality and beneficial use of
the receiving bodies of water leading to Manila Bay. On the other hand,
MWSS defended that it did not violate the law. It argued that its obligation
under Section 8 of the Clean Water Act has yet to accrue given the lack of
required coordination and cooperation by the lead and implementing
agencies under Section 7 of the law and non-compliance by the DPWH,
DENR and LGUs with Sections 7 of the Clean Water Act, specifically the
preparation and establishment of a national program on sewerage and
septage management. 

Can the courts hold MWSS liable for violating the Clean Water Act? Explain
briefly.

Your answer

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8/25/23, 8:14 PM [DAY 1: AM] POLITICAL LAW

16) TRUE or FALSE. Dual citizenship is not the same as dual allegiance.

Your answer

17) The Anneonghaseyo vessel of Korean registry, while moored at the

South Harbor, was found to have contraband goods on board. The
Customs Team found out that the vessel did not have the required ship’s
permit and shipping documents. In view thereof, the vessel and its cargo
were held and a warrant of Seizure and Detention was issued after due
investigation. In the course of the forfeiture proceedings, the ship captain
and the ship’s resident agent executed sworn statements before the
Custom legal officer admitting that contraband cargo were found aboard
the vessel. The shipping lines objected to the admission of the statements
as evidence contending that during their execution, the captain and the
shipping agent were not assisted by counsel, in violation of due process.
Decide.

Your answer

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8/25/23, 8:14 PM [DAY 1: AM] POLITICAL LAW

18) The Secretary of the Department of Environment and Natural

Resources (DENR) issued Memorandum Circular No. 123-15 prescribing
the administrative requirements for the conversion of a timber license
agreement (TLA) into an Integrated Forestry Management Agreement
(IFMA). ABC Corporation, a holder of a TLA which is about to expire,
claims that the conditions for conversion imposed by the said circular are
unreasonable and arbitrary and a patent nullity because it violates the non-
impairment clause under Bill of Rights of the 1987 Constitution. ABC
Corporation goes to court seeking the nullification of the subject circular.
The DENR moves to dismiss the case on the ground that ABC Corporation
has failed to exhaust administrative remedies which is fatal to its cause of
action.

If you were the judge, will you grant the motion? Explain.

Your answer

19) Congress passed Republic Act No. 7711 to comply with the United
Nations Convention on the Law of the Sea.  In a petition filed with the
Supreme Court,  Anak ng Muntinlupa, an association of professionals from
Muntinlupa, argued that Republic Act No. 7711 discarded the definition of
the Philippine territory under the Treaty of Paris and in related treaties;
excluded the Kalayaan Islands and the Scarborough Shoals from the
Philippine Archipelagic baselines; and converted internal waters into
archipelagic waters.

Is the petition meritorious? 

Your answer

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8/25/23, 8:14 PM [DAY 1: AM] POLITICAL LAW

20) Dr. John Wick, an official of the World Health Organization (WHO)
assigned in the Philippines arrived at the Ninoy Aquino International
Airport with his personal effects contained in twelve crates as
unaccompanied baggage. As such, his personal effects were allowed free
entry from duties and taxes, and were directly stored at Matrix
Corporation’s warehouse at Mandaluyong, pending Dr. John Wick’s
relocation to his permanent quarters.

At the instance of police authorities, the Regional Trial Court (RTC) of

Mandaluyong issued a warrant for the search and seizure of Dr. John
Wick’s personal effects in view of an alleged violation of the Tariff and
Custom’s Code. According to the police, the crates contained contraband
items. Upon protest of WHO officials, the Secretary of Foreign Affairs
formally advised the RTC as to Dr. John Wick’s immunity. The Solicitor
General likewise joined Dr. John Wick’s plea of immunity and motion to
quash the search warrant. The RTC denied the motion.

Is the denial of the motion to quash proper?

Your answer

Ora et Labora. That in All Things, God may be Glorified!

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