2010 PART I
b. 0hat is the the appropriate appropriate remedy remedy available available to the the victim’s victim’s family under international law #)%& IV
I
The dictatorial regime of President A of the Republic of Gordon was toppled by a combined force led by Gen. Abe, former royal guards and the secessionist Gordon People’s Army. Army. The new government constituted a Truth and Reconciliation Commission to loo into the serious crimes committed under President A’s A’s regime. After the hearings, the Commission recommended that an amnesty law be passed to cover even those involved in mass illings of members of indigenous groups who opposed President A. !nternational human rights groups argued that the proposed amnesty law is contrary to international law. "ecide with reasons. #$%& II
Compare and contrast the 'urisdiction of the !nternational Criminal Court and !nternational Court of (ustice. #)%&
Choose the statement which appropriately completes the opening phrase1 2A tate which resorts to retorsion in international law a. must ensure ensure that that all states states consent consent to its act. act. b. cannot cannot curtail curtail migration migration from the the offending offending state. state. c. can e3pel e3pel the nationa nationals ls of the the offending offending state. state. d. should should apply proportion proportionate ate response response within within appreciable appreciable limit. e. 4one 4one of of the the abov above. e. 53plain your answer. #/%&
III
V
A, a *ritish photo'ournalist, was covering covering the violent protests of the Thai Red+hirts -ovement in *ango. "espite warnings given by the Thai Prime -inister to foreigners, specially 'ournalists, A moved around the Thai capital. !n the course course of his coverage, he was illed with a stray bullet which was later identified as having come from the rans of the Red+hirts. The wife of A sought relief from Thai authorities but was refused assistance.
Congresswoman A is a co+owner of an industrial estate in ta. Rosa, 6aguna which she had declared in her tatement of Assets and 6iabilities. A member of her political party authored authored a bill which would provide a 7+year development plan for all industrial estates in the outhern Tagalog Region to attract investors. The plan included an appropriation of / billion pesos for construction of roads around the estates. 0hen the bill finally became law, a civil society watchdog 8uestioned the constitutionality of the law as i t obviously benefitted Congresswoman A’s A’s industrial estate. "ecide with reasons. #)%&
a. !s there state state responsib responsibility ility on the part part of Thailand Thailand #/%& #/%&
VI
IX
The 2Poverty Alleviation and Assistance Assistance Act9 was passed to enhance the capacity of the most marginali:ed families nationwide. A financial assistance scheme called 2conditional cash transfers9 was initially funded 7;; million pesos by Congress.
The 6eague of =ilipino Political cientists #6=P& organi:ed an international conference on the human rights situation in -yanmar at the Central 6u:on tate >niversity #C6>&. An e3iled -yanmar professor ung ?ui, critical of the military government in -yanmar, was invited as eynote speaer. The ecretary of =oreign Affairs informed the President of the regional and national security implications of having Prof. ?ui address the conference. The President thereupon instructed the immigration authorities to prevent the entry of Prof. ?ui into Philippine territory. The chancellor of C6> argued that the instruction violates the Constitution. "ecide with reasons. #$%&
a. "oes -ang -ang Pandoy Pandoy have legal legal standing standing to 8uestion 8uestion the law#/%& b. !s the grant grant of authority authority to the
a. A proclam proclamation ation of a state state of emergency emergency is is sufficien sufficientt to allow the President to tae over any public utility. #;.7%& b. A treaty treaty which which provides provides ta3 e3emp e3emption tion needs needs no concurrence by a ma'ority of all the -embers of the Congress. #;.7%&
X
A, the wife of an alleged victim of enforced enforced disappearance, applied for the issuance of a 0rit of Amparo before a Regional Trial Court in Tarlac. >pon motion of A, the court issued inspection and production orders addressed to the A=P Chief of taff to allow entry at Camp A8uino and permit the copying of relevant documents, including the list of detainees, if any. Accompanied by court+designated court+designated Commission Commission on @uman Rights #C@R& lawyers, A too photographs of a suspected isolation cell where her husband was allegedly seen being held for three days and tortured before he finally disappeared. The C@R lawyers re8uested one 6t. alde: for a photocopy of the master plan of Camp A8uino and to confirm in writing that he had custody of the master plan. 6t. alde: ob'ected on the ground that it may violate his right against self+incrimination. "ecide with reasons. #$%& XI
VIII
"istinguish 2presidential communications privilege9 from 2deliberative process privilege.9 #)%&
0hich statement best completes the following phrase1 #B%&
2=reedom from torture is a right a. sub'ect sub'ect to derogatio derogation n when nationa nationall security security is threatened.9 b. confined confined only during custod custodial ial investiga investigation. tion.99 c. which is non+derogab non+derogable le both during during peaceti peacetime me and in a situation of armed conflict.9
a. A valid valid and definite definite offer to to buy a property property is is a pre+ re8uisite to e3propriation initiated b y a local government unit. #;.7%& b. Re+classi Re+classificati fication on of land by a local local government government unit unit may be done through a resolution. #;.7%& c. *oundary *oundary disputes disputes betwee between n and among munici municipaliti palities es in the same province may be filed immediately with the Regional Trial Court. #;.7%&
d. both both #a& #a& and and #b& #b& d. The -etropolit -etropolitan an -anila "evelop "evelopment ment Authori Authority ty is authori:ed to confiscate a driver’s license in the enforcement of traffic regulations. #;.7%&
e. none none of of the the abov above. e. XII
XIV
A witnessed witnessed two hooded men with baseball bats enter the house of their ne3t door neighbor *. After a few seconds, he heard * shouting, 2@uwag Pilo babayaran ita agad.9 Then A saw the two hooded men hitting * until the latter fell lifeless. The assailants escaped using a yellow motorcycle with a fireball sticer on it toward the direction of an e3clusive village nearby. A reported the incident to P
A*C operates an industrial waste waste processing plant within 6aoag City.
XIII True or False. True or False.
a. A person person who who occupies occupies an office office that is defect defectively ively created is a de facto officer. #;.7%&
b. The rule on nepotism does not apply to designations made in favor of a relative of the authority maing a designation. #;.7%&
Parole, the President granted him pardon. !s he eligible to run again for an elective position 53plain briefly. #7%& XVIII
c. A discretionary duty of a public officer is never delegable. #;.7%& d. Ac8uisition of civil service eligibility during tenure of a temporary appointee does not automatically translate to a permanent appointment. #;.7%& XVI
Rudy "omingo, ) years old, natural+born =ilipino and a resident of the Philippines since birth, is a -anila+based entrepreneur who runs ?A*A?A, a coalition of peoples’ organi:ations from fisherfol communities. ?A*A?A’s operations consist of empowering fisherfol leaders through livelihood pro'ects and trainings on good governance. The "utch =oundation for Global !nitiatives, a private organi:ation registered in The 4etherlands, receives a huge subsidy from the "utch =oreign -inistry, which, in turn is allocated worldwide to the =oundation’s partners lie ?A*A?A. Rudy sees to register ?A*A?A as a party+list with himself as a nominee of the coalition. 0ill ?A*A?A and Rudy be 8ualified as a party+list and a nominee, respectively "ecide with reasons. #$%& PART II XVII
"uring his campaign sortie in *arangay alamanca, -ayor Galicia was arrested at a P4P checpoint for carrying highpowered firearms in his car. @e was charged and convicted for violation of the C<-565C gun ban. @e did not appeal his conviction and instead appli ed for e3ecutive clemency. Acting on the favorable recommendation of the *oard of Pardons and
The @ouse Committee on Appropriations conducted an in8uiry in aid of legislation into alleged irregular and anomalous disbursements of the Countrywide "evelopment =und #C"=& and Congressional !nitiative Allocation #C!A& of Congressmen as e3posed by D, a "ivision Chief of the "epartment of *udget and -anagement #"*-&. !mplicated in the 8uestionable disbursements are high officials of the Palace. The @ouse Committee summoned D and the "*- ecretary to appear and testify. D refused to appear, while the ecretary appeared but refused to testify invoing e3ecutive privilege. a. -ay D be compelled to appear and testify !f yes, what sanction may be imposed on him #/%& b. !s the *udget ecretary shielded by e3ecutive privilege from responding to the in8uiries of the @ouse Committee 53plain briefly. !f the answer is no, is there any sanction that may be imposed upon him #)%& XIX
To instill religious awareness in the students of "oEa Trinidad @igh chool, a public school in *ulacan, the Parent+ Teacher’s Association of the school contributed funds for the construction of a grotto and a chapel where ecumenical religious services and seminars are being held after school hours. The use of the school grounds for these purposes was 8uestioned by a parent who does not belong to any religious group. As his complaint was not addressed by the school officials, he filed an administrative complaint against the principal before the "5C. !s the principal liable 53plain briefly. #7%&
XX
"efineFe3plain the following1 a. "octrine of operative facts #B%& b. "e facto municipal corporation #B%& c. -unicipal corporation by estoppel #B%& d. "octrine of necessary implication #B%&
XXIII
A was a career Ambassador when he accepted an ad interim appointment as Cabinet -ember. The Commission on Appointments bypassed his ad interim appointment, however, and he was not re+appointed. Can he re+assume his position as career Ambassador #7%& XXIV
Compare and contrast 2overbreadth doctrine9 from 2void+ forvagueness9 doctrine. #7%&
e. Principle of holdover #B%& XXV XXI
The angguniang Panlungsod of Pasay City passed an ordinance re8uiring all disco pub owners to have all their hospitality girls tested for the A!" virus. *oth disco pub owners and the hospitality girls assailed the validity of the ordinance for being violative of their constitutional rights to privacy and to freely choose a calling or business. !s the ordinance valid 53plain. #7%&
a. 0hat is the rotational scheme of appointments in the C<-565C #/%& b. 0hat are the two conditions for its worability #/%& c. To what other constitutional offices does the rotational scheme of appointments apply #/%& XXVI
XXII
"istinguish between 2pocet veto9 and 2item veto.9 #/%& Governor "iy was serving his third term when he lost his governorship in a recall election. a. 0ho shall succeed Governor "iy in his office as Governor #B%& b. Can Governor "iy run again as governor in the ne3t election #/%& c. Can Governor "iy refuse to run in the recall election and instead resign from his position as governor #/%&
XXVII
0hat is the concept of association under international law #/%&
2011 Bar Examination Questionnaire for Political La !et A
#B& =ilipino citi:enship may be ac8uired through 'udicial naturali:ation only by an alien #A& born, raised, and educated in the Philippines who has all the 8ualifications and none of the dis8ualifications to become a =ilipino citi:en. #*& who has all the 8ualifications and none of the dis8ualifications to become a =ilipino citi:en.
#C& es, when there is no law providing an appeal to the
#C& born and raised in the Philippines who has all the 8ualifications and none of the dis8ualifications to become a =ilipino citi:en.
#A& submit to the CC the two promotional appointments together for approval.
#"& whose mother or father is a naturali:ed =ilipino and who himself is 8ualified to be naturali:ed.
#*& not appoint * until the CC has approved A’s appointment.
#/& (a3 6iner applied for a public utility bus service from *acolod to "umaguete from the 6and Transportation =ranchising and Regulatory *oard #6T=R*&. ** 53press opposed. 6T=R* ruled in favor of (a3. ** appealed to the ecretary of the "epartment of Transportation and Communication #"
#C& submit to the Civil ervice Commission #CC& the second appointment after its approval of the first. #"& simultaneously issue the appointments of A and *. #$& 0hen a witness is granted transactional immunity in e3change for his testimony on how his immediate superior induced him to destroy public records to cover up the latterHs act of malversation of public funds, the witness may 4
#A& 4o, e3haustion of administrative remedies up to the level of the President is a pre+re8uisite to 'udicial recourse.
#*& infidelity in the custody of public records.
#*& 4o, the action of the "
#"& false testimony.
#C& falsification of public documents.
#7& -ario, a *ureau of Customs’ e3aminer, was administratively charged with grave misconduct and preventively suspended
pending investigation. The head of office found him guilty as charged and ordered his dismissal. The decision against him was e3ecuted pending appeal. The Civil ervice Commission #CC& subse8uently found him guilty and after considering a number of mitigating circumstances, reduced his penalty to only one month suspension. !s -ario entitled to bac salaries #A& es, the reduction of the penalty means restoration of his right to bac salaries. #*& 4o, the penalty of one month suspension carries with it the forfeiture of bac salaries. #C& 4o, he is still guilty of grave misconduct, only the penalty was reduced.
#K& The privacy of communication and correspondence shall be inviolable e3cept upon lawful order of the court or when #A& public safety or public health re8uires otherwise as prescribed by law. #*& dictated by the need to maintain public peace and order. #C& public safety or order re8uires otherwise as prescribed by law. #"& public safety or order re8uires otherwise as determined by the President. #&
#"& es, corresponding to the period of his suspension pending appeal less one month. #I& Althea, a =ilipino citi:en, bought a lot in the Philippines in BJK7. @er predecessors+in+interest have been in open, continuous, e3clusive and notorious possession of the lot since BJ$;, in the concept of owner. !n BJ, Althea became a naturali:ed Australian citi:en. !s she 8ualified to apply for registration of the lot in her name
#A& reliability. #*& permanence. #C& fle3ibility. #"& e3pediency. #J& An appointment held at the pleasure of the appointing power
#A& es, provided she ac8uires bac her =ilipino citi:enship.
#A& essentially temporary in nature.
#*& 4o, e3cept when it can be proved that Australia has a counterpart domestic law that also favors former =ilipino citi:ens residing there.
#*& re8uires special 8ualifications of the appointee.
#C& es, the lot i s already private in character and as a former natural+born =ilipino, she can buy the lot and apply for its registration in her name.
#"& is co+e3tensive with the term of the public officer who appointed him.
#"& 4o, foreigners are not allowed to own lands in the Philippines.
#C& re8uires 'ustifiable reason for its termination.
#B;& The city government filed a complaint for e3propriation of B; lots to build a recreational comple3 for the members of the
homeownersH association of itio to. Tomas, the most populated residential compound in the city. The lot owners challenged the purpose of the e3propriation. "oes the e3propriation have a valid purpose #A& 4o, because not everybody uses a recreational comple3. #*& 4o, because it intends to benefit a private organi:ation. #C& es, it is in accord with the general welfare clause. #"& es, it serves the well+being of the local residents. #BB& An e3ample of a content based restraint on free speech is a regulation prescribing #A& ma3imum tolerance of pro+government demonstrations. #*& a no rall y+no permit policy. #C& when, where, and how lawful assemblies are to be conducted. #"& calibrated response to rallies that have become violent. #B/& The President forged an e3ecutive agreement with ietnam for a year supply of animal feeds to the Philippines not to e3ceed $;,;;; tons. The Association of Animal =eed ellers of the Philippines 8uestioned the e3ecutive agreement for being contrary to R.A. $I/ which prohibits the importation of animal feeds from Asian countries. !s the challenge correct #A& es, the e3ecutive agreement is contrary to our e3isting domestic law.
#*& 4o, the President is the sole organ of the government in e3ternal relations and all his actions as such form part of the law of the land. #C& 4o, international agreements are sui generis which must stand independently of our domestic laws. #"& es, the e3ecutive agreement is actually a treaty which does not tae effect without ratification by the enate. #B)& (ose Cru: and /; others filed a petition with the C<-565C to hold a plebiscite on their petition for initiative to amend the Constitution by shifting to a unicameral parliamentary form of government. Assuming that the petition has been signed by the re8uired number of registered voters, will i t prosper #A& 4o, only Congress can e3ercise the power to amend the Constitution. #*& es, the people can substantially amend the Constitution by direct action. #C& es, provided Congress concurs in the amendment. #"& 4o, since they see, not an amendment, but a revision. #B$& The Comelec en banc cannot hear and decide a case at first instance 5DC5PT when #A& a "ivision refers the case to it for direct action. #*& the case involves a purely administrative matter. #C& the inhibition of all the members of a "ivision is sought.
#"& a related case is pending before the upreme Court en banc. #B7& 5ach of the Constitutional Commissions is e3pressly described as Lindependent,L e3emplified by its #A& immunity from suit. #*& fiscal autonomy. #C& finality of action. #"& collegiality. #BI& There is double 'eopardy when the dismissal of the first case is #A& made at the instance of the accused invoing his right to fair trial.
#A& 4o, "irector ison tendered his resignation and it was accepted. #*& 4o, estoppel precludes "irector ison from disclaiming the resignation he freely tendered. #C& es,for so long as no one has yet been a ppointed to replace him, "irector ison may still withdraw his resignation. #"& es, "irector ison merely complied with the order of the head of officeM the element of clear intention to relinguish office is lacing. #B& An administrative rule that fi3es rates is valid only when the proposed rates are #A& published and filed with the >P 6aw Center. #*& published and hearings are conducted.
#*& made upon motion of the accused without ob'ection from the prosecution. #C& made provisionally without ob'ection from the accused. #"& based on the ob'ection of the accused to the prosecutionHs motion to postpone trial. #BK& The new Commissioner of !mmigration, -r. uare:, issued an
#C& published and posted in three public places. #"& published and all staeholders are personally notified. #BJ& The government sought to e3propriate a parcel of land belonging to . The law provides that, to get immediate possession of the land, the government must deposit the e8uivalent of the landHs :onal value. The government insisted, however, that what apply are the rules of court which re8uire an initial deposit only of the assessed value of the property. 0hich should prevail on this matter, the law or the rules of court #A& *oth law and rules apply because 'ust compensation should be fi3ed based on its :onal or assessed value, whichever is higher.
#*& *oth law and rules apply because 'ust compensation should be fi3ed based on its :onal or assessed value, whichever is lower. #C& The law should prevail since the right to 'ust compensation is a substantive right that Congress has the power to define. #"& The rules of court should prevail since 'ust compensation is a procedural matter sub'ect to the rule maing power of the upreme Court. #/;& After D, a rape suspect, was apprised of his right to silence and to counsel, he told the investigators that he was waiving his right to have his own counsel or to be provided one. @e made his waiver in the presence of a retired (udge who was assigned to assist and e3plain to him the conse8uences of such waiver. !s the waiver valid #A& 4o, the waiver was not reduced in writing. #*& es, the mere fact that the lawyer was a retired 'udge does not cast doubt on his competence and independence.
#*& 4o, Governor PalomaHs reelection cannot e3tinguish his liability for malfeasance in office. #C& 4o, Governor PalomaHs reelection does not render moot the administrative case already pending when he filed his certificate of candidacy for his reelection bid. #"& es, Governor PalomaHs reelection is an e3pression of the electorateHs restored trust. #//& The decision of the Regional Trial Court on appeals pertaining to inclusions or e3clusions from the list of voters #A& is inappealable. #*& is sub'ect to an action for annulment. #C& may be brought straight to the upreme Court. #"& is appealable to the Commission on 5lections. #/)& The e8ual protection clause allows valid classification of sub'ects that applies #A& only to present conditions.
#C& es, the waiver was made voluntarily, e3pressly, and with assistance of counsel. #"& 4o, a retired (udge is not a competent and independent counsel.
#*& so long as it remains relevant to the government. #C& for a limited period only. #"& for as long as the problem to be corrected e3ists.
#/B& Governor Paloma was administratively charged with abuse of authority before the
#/$& The President wants to appoint A to the vacant post of Associate (ustice of the upreme Court because of his 8ualifications, competence, honesty, and efficiency. *ut A’s name is not on the list of nominees that the (udicial and *ar Council #(*C& submitted to the President. 0hat should the President do
#A& Re8uest the (*C to consider adding A to the list.
#*& has the right to demand conversion of his appointment to permanent.
#*& "ecline to appoint from the list. #C& automatically becomes a permanent appointee. #C& Appoint from the list. #"& retains his temporary appointment. #"& Return the list to (*C. #/7& Courts may still decide cases that have otherwise become academic when they involve #A& the basic interest of people. #*& petitions for habeas corpus. #C& acts of the Chief 53ecutive. #"& Presidential election protests. #/I& The right of the tate to prosecute crimes by available evidence must yield to the right of #A& the accused against self+incrimination. #*& another tate to e3tradite a fugitive from 'ustice. #C& the tate to deport undesirable aliens. #"& the complainant to drop the case against the accused. #/K& A temporary appointee to a public office who becomes a civil service eligible during his tenure #A& loses his temporary appointment without pre'udice to his re+appointment as permanent.
#/& >pon endorsement from the enate where it was first mistaenly filed, the @ouse of Representatives Committee on (ustice found the verified complaint for impeachment against the President sufficient in form but insufficient in substance. 0ithin the same year, another impeachment suit was filed against the President who 8uestioned the same for being violative of the Constitution. !s the President correct #A& 4o, LinitiatedL means the Articles of !mpeachment have been actually filed with the enate for trialM this did not yet happen. #*& 4o, the first complaint was not deemed initiated because it was originally filed with the enate. #C& es, the dismissal of the first impeachment proceeding bars the initiation of another during the same term of the President. #"& es, no impeachment proceeding can be filed against the President more than once within a year. #/J& The olicitor General declines to institute a civil action on behalf of a government agency due to his strained relation with its head, insisting that the agency’s lawyers can file the action. !s the olicitor General correct #A& es, when he deems he cannot harmoniously and effectively wor with the re8uesting agency.
#*& 4o, he must, in choosing whether to prosecute an action, e3ercise his discretion according to law and the best interest of the tate.
#C& es, it is an implicit conse8uence of the law upon which it acted. #"& 4o, the rule goes beyond the sphere of the law.
#C& es, as in any la wyer+client relationship, he has the right to choose whom to serve and represent. #"& 4o, the olicitor GeneralHs duty to represent the government, its offices and officers is mandatory and absolute. #);& A department secretary may, with the PresidentHs consent, initiate his appearance before the enate or the @ouse of Representatives which #A& must see the concurrence of the other @ouse before acting. #*& must hold an e3ecutive session to hear the department secretary. #C& may altogether re'ect the initiati ve. #"& must accept such initiated appearance. #)B& The -etro -anila "evelopment Authority #--"A& passed a rule authori:ing traffic enforcers to impound illegall y pared vehicles, for the first offense, and confiscate their registration plates for the second. The --"A issued this rule to implement a law that authori:ed it to suspend the licenses of drivers who violate traffic rules. !s the --"A rule valid #A& 4o, since the --"A does not have rule+maing power. #*& es, it is a valid e3ercise of the power of subordinate legislation.
#)/& enator *ondoc was charged with murder and detained at the Nue:on City (ail. @e invoed, in seeing leave from the court to attend the session of the enate, his immunity from arrest as a enator. @ow should the court rule on his motion #A& "eny the motion unless the enate issues a resolution certifying to the urgency of his attendance at its sessions. #*& Grant the motion provided he posts bail since he is not a flight ris. #C& Grant the motion so as not to deprive the people who elected him their right to be represented in the enate. #"& "eny the motion since immunity from arrest does not apply to a charge of murder. #))& D, an administrative officer in the "epartment of (ustice, was charged with grave misconduct and preventively suspended for J; days pending investigation. *ased on the evidence, the ecretary of (ustice found D guilt y as charged and dismissed him from the service. Pending appeal, DHs dismissal was e3ecuted. ubse8uently, the Civil ervice Commission #CC& reversed the ecretary’s decision and the reversal became final and e3ecutory. 0hat is the effect of DHs e3oneration #A& D is entitled to reinstatement and bac salaries both during his J; day preventive suspension and his suspension pending appeal.
#*& D is entitled to reinstatement and bac salaries corresponding only to the period of delay caused by those prosecuting the case against him. #C& D is entitled to reinstatement but not to bac salaries on ground of Ldamnum abs8ue in'uria.L #"& D is entitled to reinstatement and bac salaries during his suspension pending appeal. #)$& Courts may dismiss a case on ground of mootness when
#"& 4o, the ) term limit should not apply to a local government unit that has assumed a different corporate e3istence. #)I& !n what scenario is an e3tensive search of moving vehicles without warrant valid #A& The police became suspicious on seeing something on the car’s bac seat covered with blanet. #*& The police suspected an unfenced lot covered by rocs and bushes was planted to mari'uana.
#A& the case is premature. #*& petitioner lacs legal standing.
#C& The police became suspicious when they saw a car believed to be of the same model used by the illers of a city mayor.
#C& the 8uestioned law has been repealed. #"& the issue of validity of law was not timely raised. #)7& Alfredo was elected municipal mayor for ) consecutive terms. "uring his third term, the municipality became a city. Alfredo ran for city mayor during the ne3t immediately succeeding election. oltaire sought his dis8ualification citing the ) term limit for elective officials. 0ill oltaireHs action prosper
#"& The driver sped away in his car when the police flagged him down at a checpoint. #)K& Pre+proclamation controversies shall be heard #A& summarily without need of trial. #*& through trial by commissioner. #C& e3 parte.
#A& 4o, the ) term limit should not apply to a person who is running for a new position title. #*& es, the ) term limit applies regardless of any voluntary or involuntary interruption in the service of the local elective official. #C& es, the ) term l imit uniformly applies to the office of mayor, whether for city or municipality.
#"& through speedy arbitration. #)& 0hen the President orders the Chief of the Philippine 4ational Police to suspend the issuance of permits to carry firearms outside the residence, the President e3ercises #A& the power of control. #*& the Commander+in+Chief power.
#C& the power of supervision.
#A& 4o, the rule on warrantless search of moving vehicle does not allow arbitrariness on the part of the police.
#"& the calling out power. #)J& Carlos, a foreign national was charged with and convicted of a serious crime in tate D and sentenced to life imprisonment. @is country applied for relief with the !nternational Court of (ustice #!C(&, arguing that tate D did not inform Carlos of his right under Article )I of the ienna Convention to be accorded legal assistance by his government. tate D, as signatory to the ienna Convention, agreed to !C(Hs compulsory 'urisdiction over all disputes regarding the interpretation or application of the ienna Convention. !C( ruled that tate D violated its obligation to provide consular notification to the foreign nationalHs country. !C( also re8uired tate D to review and reconsider the life sentence imposed on the foreign national. tate D then wrote the >nited 4ations informing that it was withdrawing from the
#*& es, the police officers had the duty to verify the truth of the information they got and pursue it to the end. #C& es, the police acted based on reliable information and the fact that an officer saw the driver carrying a gun. #"& 4o, police officers do not have unbridled discretion to conduct a warrantless search of moving vehicles. #$B& The Commission on 5lections is an independent bod y tased to enforce all laws relative to the conduct of elections. @ence, it may #A& conduct two inds of electoral count1 a slow but official countM and a 8uic but unofficial count. #*& mae an advance and unofficial canvass of election returns through electronic transmission.
#A& Pacta unt ervanda #*& Act of tate "octrine #C& Protective Principle
#C& undertae a separate and unofficial tabulation of the results of the election manually. #"& authori:e the citi:ens arm to use election returns for unofficial count.
#"& (us Cogens #$;& An informer told the police that a Toyota Car with plate A*C B)$ would deliver an unspecified 8uantity of ecstacy in =orbes Par, -aati City. The officers whom the police sent to watch the =orbes Par gates saw the described car and flagged it down. 0hen the driver stopped and lowered his window, an officer saw a gun tuced on the driverHs waist. The officer ased the driver to step out and he did. 0hen an officer looed inside the car, he saw many tablets strewn on the driverHs seat. The driver admitted they were ecstacy. !s the search valid
#$/&The President may proclaim martial law over a particular province sub'ect to revocation or e3tension #A& by Congress,sub'ect to ratification by the upreme Court. #*& by the upreme Court. #C& by Congress alone
#"& by Congress, upon recommendation of the respective angguniang Panlalawigan. #$)& "uring his incumbency, President Carlos shot to death one of his advisers during a heated argument over a game of golf that they were playing. The deceased adviser’s family filed a case of homicide against President Carlos before the city prosecutor’s office. @e moved to dismiss the case, invoing presidential immunity from suit. hould the case be dismissed
#$7& The PresidentHs appointment of an acting secretary although Congress is in session is #A& voidable. #*& valid. #C& invalid. #"& unenforceable.
#A& es, his immunity covers his interactions with his official family, including the deceased adviser. #*& 4o, his immunity covers only wor+related crimes. #C& es, his immunity holds for the whole duration of his tenure. #"& 4o, his immunity does not cover crimes involving moral turpitude. #$$& The chool Principal of Ramon -agsaysay @igh chool designated -aria, her daughter, as public school teacher in her school. The designation was assailed on ground o f nepotism. !s such designation valid #A& 4o, because the law prohibits relatives from woring within the same government unit. #*& es, because -aria’s position does not fall within the prohibition. #C& 4o, because her mother is not the designating authority. #"& 4o, because -aria is related to the supervising authority within the prohibited degree of consanguinity.
#$I& Congress passed a bill appropriating P7; million in assistance to locally based television stations sub'ect to the condition that the amount would be available only in places where commercial national television stations do not operate. The President approved the appropriation but vetoed the condition. 0as the veto valid #A& es, since the vetoed condition may be separated from the item. #*& es, the PresidentHs veto power is absolute. #C& 4o, since the veto amounted to a suppression of the freedom to communicate through television. #"& 4o, since the approval of the item carried with it the approval of the condition attached to it. #$K& !n the e3ercise of its power of legislative in8uiries and oversight functions, the @ouse of Representatives or the enate may only as 8uestions #A& that the official called is willing to answer. #*& that are relevant to the proposed legislation. #C& to which the witness gave his prior consent.
#"& material to the sub'ect of in8uiry. #$& An ordinance prohibits Lnotorious street gang membersL from loitering in public places. The police are to disperse them or, if they refuse, place them under arrest. The ordinance enumerates which police officers can mae arrest and defines street gangs, membership in them, and public areas. The ordinance was challenged for being vague regarding the meaning of Lnotorious street gang members.L !s the ordinance valid #A& 4o, it leaves the public uncertain as to what conduct it prohibits.
#A& may be canceled. #*& will sub'ect him to a 8uo warranto action. #C& remains valid. #"& may be denied due course. #7B& A candidate who commits vote buying on 5lection "ay itself shall be prosecuted by the #A& C<-565C. #*& ecretary of (ustice.
#*& 4o, since it discriminates between loitering in public places and loitering in private places. #C& es, it provides fair warning to gang members prior to arrest regarding their unlawful conduct. #"& es, it is sufficiently clear for the public to now what acts it prohibits. #$J& The people may approve or re'ect a proposal to allow foreign investors to own lands in the Philippines through an electoral process called #A& referendum.
#C& police and other la w enforcement agencies. #"& City or Provincial Prosecutor. #7/& A law authori:ed the ecretary of Agriculture to re8uire the 8uarantine of animals that suffer from dangerous communicable diseases at such place and for such time he deems necessary to prevent their spread. The ecretary of Agriculture issued a regulation, imposing a penalty of imprisonment for B; days on persons transporting 8uarantined animals without his permission. The regulation is #A& a valid e3ercise of the power of subordinate legislation.
#*& plebiscite. #*& invalid for being ultra vires. #C& initiative. #C& a valid e3ercise of police power. #"& certification. #"& invalid for being discriminatory. #7;& 0here a candidate for the enate stated in his certificate of candidacy that he is single, when he is very much married, though separated, his certificate of candidacy
#7)& mall+scale utili:ation of natural resources by =ilipino citi:ens may be allowed by
#A& Congress. #*& either the enate or the @ouse of Representatives. #C& the President. #"& the President with the consent of Congress. #7$& 0hen the Civil ervice Commission #CC& approves the appointment of the 53ecutive "irector of the 6and Transportation =ranchising and Regulatory *oard who possesses all the prescribed 8ualifications, the CC performs
#C& 4o, C<-565C’s 'urisdiction over pre+proclamation cases does not include those that must be brought directly to the courts. #"& es, any conflict between the l aw and the Constitution relative to C<-565CHs 'urisdiction must be resolved in favor of the Constitution. #7I& 0hen the upreme Court nullified the decisions of the military tribunal for lac of 'u risdiction, it e3cluded from their coverage decisions of ac8uittal where the defendants were deemed to have ac8uired a vested right. !n so doing, the upreme Court applied
#A& a discretionary dut y. #A& the operative fact doctrine. #*& a mi3 discretionary and ministerial duty. #*& the rule against double 'eopardy. #C& a ministerial duty. #C& the doctrine of supervening event. #"& a rule+maing duty. #"& the orthodo3 doctrine. #77& Dian and ani ran for Congressman in the same district. "uring the canvassing, ani ob'ected to several returns which he said were tampered with. The board of canvassers did not entertain aniHs ob'ections for lac of authority to do so. ani 8uestions the law prohibiting the filing of pre+proclamation cases involving the election of Congressmen since the Constitution grants C<-565C 'urisdiction over all pre+proclamation cases, without distinction. !s ani correct #A& es, the Constitution grants 'urisdiction to C<-565C on all pre+proclamation cases, without e3ception. #*& 4o, C<-565C’s 'urisdiction over pre+proclamation cases pertains only to elections for regional, provincial, and city officials.
#7K& Accused D pleaded not guilty to the charge of homicide against him. ince he was admitted to bail, they sent him notices to attend the hearings of his case. *ut he did not show up, despite notice, in four successive hearings without offering any 'ustification. The prosecution moved to present evidence in absentia but the court denied the motion on the ground that the accused has a right to be present at his trial. !s the court correct #A& 4o, the court is mandated to hold trial in absentia when the accused had been arraigned, had notice, and his absence was un'ustified. #*& es, it remains discretionary on the court whether to conduct trial in absentia even if the accused had been arraigned and had notice and did not 'ustify his absence.
#C& es, it is within the courtHs discretion to determine how many postponements it will grant the accused before trying him in absentia. #"& 4o, the court may re'ect trial in absentia only on grounds of fraud, accident, mistae, or e3cusable negligence. #7& =ollowing C<-565C Chairman *ocayHs conviction for acts of corruption in the impeachment proceedings, he was indicted for plunder before the andiganbayan and found guilty, as charged. Can he get Presidential pardon on the plunder case #A& 4o, plunder is not a pardonable offense. #*& 4o, conviction in a criminal case for the same acts charged in the impeachment proceedings is not pardonable. #C& es, convictions in two different fora for the same acts, are too harsh that they are not beyond the reach of the President’s pardoning power. #"& es, conviction in court in a criminal action is sub'ect to the PresidentHs pardoning power. #7J& A private person constituted by the court as custodian of property attached to secure a debt sought to be recovered in a civil proceeding is
#I;& The C<-565C en banc shall decide a motion for reconsideration of #A& the @ouse or Representatives and the enate electoral tribunals. #*& the decision of the election registrar. #C& the decision of the C<-565C division involving an election protest. #"& its own decision involving an election protest. #IB& Adela served as -ayor of ?asim for / consecutive terms.
#A& a private sheriff. #*& a public officer. #C& a private warehouseman. #"& an agent of the party to whom the property will ultimately be awarded.
#"& es, the fresh mandate given her during the recall election erased her dis8ualification for a third term. #I/& A child born in the >nited tates to a =ilipino mother and an American father is #A& a =ilipino citi:en by election.
#*& a repatriated =ilipino citi:en.
#A& Chairman of the Civil ervice Commission
#C& a dual citi:en.
#*& Chief (ustice of the upreme Court
#"& a natural born =ilipino citi:en.
#C& Chief of taff of the Armed =orces of the Philippines
#I)& !nvoluntary servitude may be re8uired as #A& part of rehabilitation of one duly charged with a crime.
#"& 53ecutive ecretary #II& The system of checs and balances operates when
#*& substitute penalty for one who has been duly tried for a crime.
#A& the President nullifies a conviction in a criminal case by pardoning the offender.
#C& punishment for a crime where one has been duly convicted.
#*& Congress increases the budget proposal of the President.
#"& condition precedent to oneHs valid arraignment.
#C& the President does not release the countryside development funds to members of Congress.
#I$& an sought to dis8ualify -anresa as congresswoman of the third district of -anila on the ground that the latter is a greencard holder. *y the time the case was decided against -anresa, she had already served her full term as congresswoman. 0hat was -anresaHs status during her incumbency as congresswoman
#"& Congress e3pands the appellate 'urisdiction of the upreme Court, as defined by the Constitution. #IK& The price of staple goods lie rice may be regulated for the protection of the consuming public through the e3ercise of
#A& he was a de 'ure officer, having been duly elected.
#A& power of subordinate legislation.
#*& he was not a public officer because she had no valid e3isting public office.
#*& emergency power. #C& police power.
#C& he was a de 'ure officer since she completed her term before she was dis8ualified. #"& he was a de facto officer since she was elected, served, and her dis8ualification only came later. #I7& 0hose appointment is 4
#"& residual power. #I& Associate (ustice A retires from the upreme Court J; days before the forthcoming Presidential election. -ay the incumbent President still appoint (ustice AHs successor
#A& 4o, it will violate the Constitutional prohibition against midnight appointments.
#*& Atty. CrispinHs defense is invalid since he issued his certification reclessly without checing the facts.
#*& es, vacancies in the upreme Court should be filled within J; days from occurrence of the vacancy.
#C& Atty. CrispinHs defense is valid since he was unaware of the pendency of the case.
#C& es, vacancies in the upreme Court should be filled within J; days from submission of (*C nominees to the President.
#"& As Cler of Court, Atty. Crispin en'oys absolute immunity from suit for acts relating to his wor.
#"& 4o, the incumbent President must yield to the choice of the ne3t President #IJ& The President may set a limit on the countryHs import 8uota in the e3ercise of his #A& delegated power. #*& concurring power.
#KB& The @ousing and 6and >se Regulatory *oard #@6>R*& found Atlantic @omes, !nc. liable in damages arising from its delayed release of the title to the house and lot that it sold to (osephine. Atlantic appealed to the
R* 'udgment. Atlantic challenges the validity of the decision of the
#C& residual power. #"& inherent power. #K;& Amor sued for annulment of a deed of sale of 6ot B. 0hile the case was ongoing, *alta:ar, an interested buyer, got a Certification from Atty. Crispin, the Cler of Court, that 6ot B was not involved in any pending case before the court. Acting on the certification, the Register of "eeds canceled the notice of lis pendens annotated on 6ot B’s title. Amor filed a damage suit against Atty. Crispin but the latter invoed good faith and immunity from suit for acts relating to his official duty, claiming he was not yet the Cler of Court when Amor filed his action. "ecide. #A& Atty. Crispin is immune from suit since he en'oys the presumption of regularity of performance of public duty.
#*& es, the decision of the R* decision. #K/& A collision occurred involving a passenger 'eepney driven by 6eonardo, a cargo truc driven by (oseph, and a dump truc driven by 6auro but owned by the City of Cebu. 6auro was on his way to get a load of sand for the repair of the road along =uente treet, Cebu City. As a result of the collision, ) passengers of the 'eepney died. Their families filed a complaint
for damages against (oseph who in turn filed a third party complaint against the City of Cebu and 6auro. !s the City of Cebu liable for the tort committed by its employee
#A& es, the trial 'udge may evaluate the strength or weaness of the evidence based on the case records forwarded to him.
#A& The City of Cebu is not liable because its employee was engaged in the discharge of a governmental function.
#*& 4o, the trial 'udge should have held a hearing to ascertain the 8uality of the evidence of guilt that the prosecution had against D.
#*& The City of Cebu is liable for the tort committed by its employee while in the discharge of a non+governmental function.
#C& 4o, the trial 'udge should have conducted a hearing to ascertain first whether or not D was validly arrested.
#C& The City of Cebu is liable in accord with the precept of respondeat superior. #"& The City of Cebu is not liable as a conse8uence of its non+suitability.
#"& es, the trial 'udge may reasonably rely on the prosecutionHs manifestation that he had no ob'ection to the grant of bail. #K7& The President CA44
#K)& "uring promulgation of sentence, the presence of the accused is mandatory but he may appear b y counsel or representative when
#*& to secure shopping malls against terrorists. #C& to arrest persons committing rebellion.
#A& he is charged with a light offense. #"& to raid a suspected haven of lawless elements. #*& he was able to cross+e3amine the prosecution’s witnesses.
#KI& -ass media in the Philippines may be owned and managed by
#C& he waives his right to be present. #A& corporations wholly owned and managed by =ilipinos. #"& he is convicted of a bailable offense. #*& corporations I;% owned by =ilipinos. #K$& An information for murder was filed against D. After e3amining the case records forwarded to him b y the prosecution, the trial 'udge granted bail to D based on the prosecutionHs manifestation that it was not ob'ecting to the grant of bail. !s the trial 'udge correct
#C& corporations wholly owned by =ilipinos. #"& corporations I;% owned and managed by =ilipinos. #KK& Procedural due process in administrative proceedings
#A& re8uires the tribunal to consider the evidence presented. #*& allows the losing party to file a motion for reconsideration.
#C& es, es, (udge 6loyd Hs right to stay as 'udge may be challenged as a necessary incident of the certiorari action. #"& 4o, the losing party has no standing to challenge (udge 6loydHs right to stay as 'udge.
#C& re8uires hearing the parties on oral argument. #"& permits the parties to file memoranda. #K& The Constitution prohibits cruel and inhuman punishments which involve #A& torture or lingering suffering. #*& primitive and gross penalties.
#;& 53ecutive ecretary Chua issued an order prohibiting the holding of rallies along -endiola because it hampers the traffic flow to -alacanang. A group of militants 8uestioned the order for being unconstitutional and filed a case against ecretary Chua to restrain him from enforcing the order. ecretary Chua raised state immunity from suit claiming that the state cannot be sued without its consent. !s the claim correct #A& 4o, public officers may be sued to restrain him from enforcing an act claimed to be unconstitutional.
#C& unusual penal methods. #"& degrading and 8ueer penalties. #KJ& (udge 6loyd was charged with serious misconduct before the upreme Court. The Court found him guilty and ordered him dismissed. *elieving that the decision was not immediately e3ecutory, e3ecutory, he decided a case that had been submitted for resolution. The decision became final and e 3ecutory. 3ecutory. *ut the losing party filed a certiorari action with the Court of Appeals seeing to annul the writ of e3ecution issued in the case and bar (udge 6loyd from further acting as 'udge. Can the relief against (udge 6loyd be granted #A& 4o, (udge 6loydHs right to stay as 'udge may be challenged only by direct proceeding, not collaterally. #*& es, es, the action against (udge 6loyd may be consolidated with the case before the Court of Appeals and decided by it.
#*& es, es, the order was not a proprietary act of the government. #C& 4o, only the president may raise the defense of immunity from suit. #"& es, es, ecretary Chua cannot be sued for acts done in pursuance to his public office. #B& Anton was the duly elected -ayor of Tunawi in the local elections of /;;$. @e got 7B% of all the votes cast. =ourteen months later, ictoria, who also ran for mayor, filed with the 6ocal 5lection Registrar, a petition for recall against Anton. The C<-565C approved the petition and set a date for its signing by other 8ualified voters in order to garner at least /7% of the total number of *ar 53amination Nuestionnaire for Political 6aw et A registered registered voters or total number of those who actually voted during the local election in /;;7, whichever is lower. Anton attaced the C<-565C C<-565C resolution for being invalid. "o you agree with Anton
#A& 4o, the petition, though initiated by 'ust one person, may be ratified by at least /7% of the total number of registered voters. #*& 4o, the petition, though initiated by 'ust one person may be ratified by at least /7% of those who actually voted during the /;;$ local elections. #C& es, es, the petition should be initiated by at least /7% of the total number of registered voters who actually voted during the /;;$ local elections. #"& es,the es,the petition should be initiated by at least /7% of the total number of registered voters of Tunawi.
#A& the means employed is not against public policy. #*& it is in accord with the prescribed manner of enforcement as to time, place, and person. #C& all affected parties are given the chance to be heard. #"& the interest of the general public, as distinguished from those of a particular case, re8uires such interference. #$& A 'udge of the Regional Trial Court derives his powers and duties from #A& statute.
#/& >sing the description of the supplier of shabu given by persons who had been arrested earlier for selling it, the police conducted a surveillance of the area indicated. 0hen they saw a man who fitted the description waling from the apartment to his car, they approached and frised him and he did not ob'ect. The search yielded an unlicensed gun tuced on his waist and shabu in his car. !s the search valid #A& 4o, the man did not manifest any suspicious behavior that would give the police sufficient reason to search him.
#*& the President, the appointing power. #C& upreme Court issuances. #"& the rules of court. #7& 0hen an elective officialHs preventive suspension will result in depriving his constituents of his services or representation, the court may
#*& es, es, the police acted on reliable information which proved correct when they searched the man and his car.
#A& re8uire the investigating body to e3pedite the investigation.
#C& es, es, the man should be deemed to have waived his right to challenge the search when he failed to ob'ect to the frising.
#*& hold in abeyance the period of such suspension.
#"& 4o, reliable information alone, absent any proof beyond reasonable doubt that the man was actually committing an offense, will not validate the search. #)& A law interfering with the rights of the person meets the re8uirements of substantive due process when
#C& direct the holding of an election to fill up the temporary vacancy. #"& shorten the period of such suspension. #I& 0hen the tate re8uires private cemeteries to reserve B;% of their lots for burial of the poor, it e3ercises its
#A& eminent domain power. #*& :oning power. #C& police power.
#"& 4o, the President has the power to withhold consent to appearance by his department heads during 8uestion hour. #J& 0hen the President contracted a personal loan during his incumbency, incumbency, he may be sued for sum of money
#"& ta3ing power. #A& during his term of office. #K& !n the valid e3ercise of management prerogative consistent with the companyHs right to protect its economic interest, it may prohibit its employees from
#*& during his tenure of office. #C& after his term of office.
#A& 'oining rallies during their wor shift. #"& after his tenure of office. #*& marrying employees of competitor companies. #C& publicly converging with patrons of competitor companies. #"& patroni:ing the product of competitor companies. #& The President issued an e3ecutive order directing all department heads to secure his consent before a greeing to appear during 8uestion hour before Congress on matters pertaining to their departments. !s the e3ecutive order unconstitutional for suppressing information of public concern
#J;& The enate *lue Ribbon Committee summoned D, a former department secretary, secretary, to shed light on his alleged illicit ac8uisition of properties claimed by the Presidential Commission on Good Government. D sought to restrain the Committee from proceeding with its investigation because of a pending criminal case against him before the andiganbayan for ill+gotten wealth involving the same properties. "ecide. The investigation may #A& not be restrained on ground of separation of powers. #*& be restrained on ground of pre'udicial 8uestion.
#A& 4o, because those department heads are his alter egos and he is but e3ercising his right against self+ incrimination. #*& es, es, the President cannot control the initiative of the department heads to conform with the o versight function of Congress. #C& es, es, the President cannot withhold consent to the initiative of his department heads as it will violate the principle of chec and balance.
#C& not be restrained on ground of presumed validity of legislative action. #"& be restrained for being sub 'udice. #JB& A government government that actually e3ercises power and control as opposed to the true and lawful government is in terms of legitimacy #A& a government of force.
#*& an interim government.
#*& the day the election is held.
#C& a de facto government.
#C& the day he fil es his certificate of candidacy.
#"& an illegitimate government.
#"& the day he taes his oath of office.
#J/& The pecial Committee on 4aturali:ation is headed by
#J7& The
#A& the ecretary of (ustice. #*& the ecretary of =oreign Affairs. #C& the 4ational ecurity Adviser.
#A& on its own initiative sub'ect to withdrawal of the information by the
#"& the olicitor General. #C& only when authori:ed by the
#"& independently of the
#"& 4o, because absent any e3press authority under the Constitution, the power to appoint does not e3ist. #JK& The Chief (ustice appointed D, the President’s sister, as Assistant Court Administrator in the upreme Court during the PresidentHs tenure. Claiming that the Constitution prohibits the appointment in government of a President’s relative, a ta3payer ass for its nullification. 0ill the challenge prosper
assumed office, she filed an action to collect the salaries she did not get while serving as mayor even when she ran for congresswoman. !s her action correct #A& 4o, salaries can be waived and she waived them. #*& 4o, because her acts as de facto officer are void insofar as she is concerned.
#A& es, since the appointment essentially violates the law against nepotism.
#C& es, public policy demands that a de facto officer en'oy the same rights of a de 'ure officer.
#*& es, because relatives of the President within the fourth civil degree cannot be appointed as heads of offices in any department of government.
#"& A. es, it is but 'ust that she be paid for the service she rendered.
#C& 4o, DHs appointment, although in the government, is not in the 53ecutive "epartment that the President heads. #"& 4o, the position to which D was appointed is not among those prohibited under the Constitution. #J&-ay an incumbent (ustice of the upreme Court be disbarred as a lawyer
#B;;& D, a =ilipino and , an American, both teach at the !nternational !nstitute in -anila. The institute gave D a salary rate of PB,;;; per hour and , PB,/7; per hour plus housing, transportation, shipping costs, and leave travel allowance. The school cited the dislocation factor and limited tenure of to 'ustify his high salary rate and additional benefits. The same pacage was given to the other foreign teachers. The =ilipino teachers assailed such differential treatment, claiming it is discriminatory and violates the e8ual protection clause. "ecide. #A& The classification is based on superficial di fferences.
#A& 4o, it will amount to removal. #*& 4o, his membership in the bar is secure. #C& es, by the upreme Court itself.
#*& The classification undermines the L=ilipino =irstL policy. #C& The distinction is fair considering the burden of teaching abroad.
#"& es, by Congress in 'oint session. #JJ& -ayor 6ucia of Casidsid filed her certificate of candidacy for congresswoman of the district covering Casidsid. till, she continued to act as mayor of Casidsid without collecting her salaries as such. 0hen she lost the election and a new mayor
#"& The distinction is substantial and uniformly applied to each class. 2012
B. Constitution is defined by Cooley as1 a. a body of statutory, administrative and political provisions by which the three branches of government are definedM b. a body of rules and ma3ims in accordance with which the powers of sovereignty are habituall y e3ercisedM c. a body of rules and edicts emanating from the rulings of courts and written guidelines of the e3ecutive and the legislature by which government is governedM d. a body of interpretations and rules by which the three branches of government are 'udged for purposes of sovereign compliance with good corporate governance. /. The three essential parts of a Constitution are1 a. the bill of rights, governmental organi:ation and functions, and method of amendmentM b. the preamble, the bill of rights, and provisions on checs and balancesM c. the national territory, the declaration of principles and state policies, and the transitory provisionsM d. the e3ecutive department, the legislative department and the 'udiciary.
b. an implementing resolution from the upreme CourtM c. an implementing legislationM d. an implementing resolution from the party+list representative of the @ouse of Representatives. $. !n an amendment to the constitution by Linitiative and referendumL, the LinitiativeL phase is meant that the people propose the amendments. There is a valid proposal when a proposition has received the approval of1 a. at least )% of the persons of ma'ority age of each district, and B/% of the registered voters of the region from proposal emanatesM b. at least )% of the registered voters of each province and B/% of the total number of registered voters nationwideM c. at least )% of the registered voters of each district and B/% of the total number of registered voters nationwideM d. more than )% of the )% of the registered voters of each district but less than B/% of the total number of registered voters nationwide. 7. The Constitution declares that the Philippines is a republican state. Republicanism means1 a. the form of government must be presidentialM
). The constitutional provision on initiative and referendum is not self+e3ecutory. This is so because it re8uires1 a. an implementing resolution from the C<-565CM
b. the representatives of the government are elected by the peopleM
c. sovereignty resides in the elected representatives of the governmentM d. the form of government cannot be changed by the people. I. A chief characteristic of the presidential form of government is1 a. concentration of power in the 'udiciary thru the power of e3panded 'udicial reviewM b. supremacy of the presidency compared to the totality of powers of the legislativeM c. regular periodic election of the President for a fi3ed termM d. unlimited term for the President for as long as elected by the people in free and honest elections. K. 0hich of the following best e3emplifies how the system of checs and balances is carried out1
. 0hich phrase best completes the statement O The starting point of the principle of separation of powers is the assumption of the division of the functions of government into three di stinct classes1 a. the bill of rights, state policies, and social 'ustice and human rightsM b. the accountability of public officers, the constitutional commissions, and the national economy and patrimonyM c. the self+e3ecuting provisions, the non+self+ e3ecuting provisions, and the self+evident social 'ustice provisionsM d. the e3ecutive, the legislative, and the 'udicial. J. The Constitution provides that the Lseparation of church and state shall be i nviolable.L This is implemented most by the constitutional principles embodied in1 a. the free e3ercise clauseM
a. the legislature passes a law that prohibits the president from commuting a 'udiciary imposed sentence, as a chec of the presidentM
b. the non+establishment clauseM
b. the President pardons a convict as a way to set aside or modify a 'udgment of the 'udiciaryM
d. the freedom of religion clause.
c. the 'udiciary overturns a pardon granted by the President as a chec on e3ecutionsM d. the President pardons an accused after arraignment in the interest of 'ustice.
c. the freedom of religious belief clauseM
B;.0hich one of the following is a non+self+e3ecuting provision of the Constitution1 a. no law shall be passed abridging the freedom of speechM b. no law shall be made respecting an establishment of religionM
c. no person shall be held to answer for a criminal offense without due process of lawM
a. es. "ual citi:ens who are not residents may register under the
d. the state shall encourage and support researches and studies on the arts and culture.
b. es. -argarita is a =ilipino citi:en and thus may en'oy the right to suffrage lie everyone else without registering as an overseas absentee voter.
BB. *asic Philippine law, in respect of the modes of ac8uiring citi:enship, follows the rule#s& of1 a. 'us soli and 'us sanguinisM b. naturali:ation and provides for 'us soliM c. 'us sanguinis and provides for naturali:ationM d. none of the above. B/."ual allegiance by citi:en is1 a. inimical to the national interest and is therefore proscribed by lawM b. inimical to the national interest and is therefore prescribed by lawM c. inimical to the national interest and therefore shall be dealt with by lawM d. inimical to the national interest and is therefore outside of coverage of law. B).-argarita was born in BJI to a =ilipino mother and wedish father. he has been living and continues to live in the > for the last /; years and has also been naturali:ed as a > citi:en. he recently reac8uired Philippine citi:enship under RA J//7, the Citi:enship Retention and Reac8uisition Act of /;;). Can -argarita vote in the ne3t national elections
c. 4o. -argarita fails the residency re8uirement under ection B, Article of the Constitution for =ilipinos. d. 4o. "ual citi:ens upon renunciation of their =ilipino citi:enship and ac8uisition of foreign citi:enship, have practically and legally abandoned their domicile and severed their legal ties to their homeland as a conse8uence. B$.!dentify which one is an invalid e3ercise of the legislative power1 a. legislation by local government on purely local mattersM b. law granting an administrative agency the power to define policy and fi3 standards on price controlM c. law authori:ing the President, in times of war or other national emergency, for a limited period, sub'ect to prescribed restrictions, to e3ercise powers necessary and proper to carry out a declared national policyM d. law authori:ing the President to fi3, within specific limits, tariff rates, import and e3port 8uotas, and other duties, within the framewor of the national development program of the government.
B7.0hich one of the following theories does not support the valid delegation of authority by the Congress to an administrative agency1 a. an administrative agency may Lfill up the detailsL of a statuteM
d. BK7,;;;. B. A enator or -ember of the @ouse of Representatives shall be privileged from arrest while Congress is in session for all offenses punishable by imprisonment of not more than1
b. the legislature may leave to another body the ascertainment of facts necessary to bring the law into actual operationM
a. life imprisonmentM
c. an administrative agency has e8ual e3pertise with the legislature in crafting and implementing lawsM
c. si3 years imprisonmentM
b. reclusion perpetuaM
d. four years imprisonment. d. contingent legislation. BI.The rule in Article B, ection 7 #)& of the Constitution that L5ach legislative district shall comprise, as far as practicable, contiguous, compact and ad'acent territoryL is a prohibition against1
BJ. 4o enator or member of the @ouse of Representatives may personally appear as counsel before1 a. any regional courtM b. any court of 'usticeM
a. re+apportionmentM c. any inferior courtM b. commandeering of votesM d. any appellate court. c. gerrymanderingM d. re+districting. BK. Article B, ection 7#)& of the Constitution re8uires that for a city to be entitled to have at least one representative, its population shall be at least1
/;.0hich of the following can be changed by an ordinary law enacted by Congress a. Commencement of the term of office of enatorsM b. "ate of regular election for President and ice PresidentialM
a. /7;,;;;M c. Authority to transfer appropriationM b. B7;,;;;M d. Regular election of the members of Congress. c. B;;,;;;M
/B. Congress shall have the sole power to declare the e3istence of a state of war by vote of1 a. three+fourths of both @ouses in 'oint session assembled, voting 'ointlyM b. two+thirds of both @ouses in 'oint session assembled, voting 'ointlyM
/$. The re8uirement that L5very bill shall embrace only one sub'ect which shall be e3pressed in the title thereofL prevents1 a. rollercoaster legislationM b. log+rolling legislationM c. rolling fields legislationM
c. two+thirds of both @ouses in separate session assembled, voting 'ointlyM d. two+thirds of both @ouses in 'oint session, voting separately. //. !f by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuring fiscal year, the general appropriations law for the preceding fiscal year shall be deemed1
d. loggerhead legislation. /7.The power of the President to veto any particular part in an appropriation revenue, or tariff bill, is called the1 a. specific vetoM b. revenue vetoM c. item vetoM
a. referredM d. monetary veto. b. unactedM /I.A ta3 is progressive when1 c. refilledM a. the rate fluctuates as the ta3 base decreasesM d. re+enacted. /).Provisions unrelated to an appropriation bill are considered prohibited. These are called1
b. the rate increases as the ta3 base remains the sameM c. the rate increases as the ta3 base increasesM
a. interlopersM d. the rate decreases as the ta3 base increases. b. ridersM c. outriggersM d. add+ons.
/K.0hen the upreme Court sits en banc, cases are decided by the concurrence of a ma'ority of the members who1
a. actually sent in memos on matters for deliberation and called in their votes thereonM b. actually participated in the oral arguments and voted thereonM c. actually too part in the deliberations on the issues in the case and voted thereonM d. actually too part in the voting thereon and too notes on the actual deliberations. /. 0hen the upreme Court sits in division, cases can be decided by as few as a minimum of1 a. three votesM b. four votesM
law #RA B;B7I&, =r. 4osu Gal, a priest, filed a petition seeing for the nullification of RA B;B7I on the ground that it is unconstitutional as it violates ection B), Article !!, of the BJK Constitution which states that LThe state recogni:es the vital role of the youth in nation+building and shall promote and protect their physical, moral, spiritual, intellectual, and social well+beingL. =r. Gal filed the petition as a concerned citi:en and as ta3payer. "oes =r. Gal have locus standi a. 4o, because =r. Gal has no personal and substantial interest that will be pre'udiced by the implementation of the lawM b. 4o, the law concerns neither citi:ens nor e3penditure of public fundsM c. es, because the issue is of transcendental importanceM
c. five votesM d. si3 votes. /J.A person who has a personal and substantial interest in the case, such that he has sustained, or will sustain, direct in'ury as a result of its enforcement is considered to have1 a. understanding to challenge the governmental actM b. standing to challenge the governmental actM
d. es, because as priest, =r. Gal has special interest in the well+being of the youth. )B. 0here there is Lthe impossibility of a court’s undertaing independent resolution without e3pressing lac of the respect due coordinate branches of governmentM or an unusual need for un8uestioning adherence to a political decision already madeM or the potentially of embarrassment from multifarious pronouncement by various departments on a 8uestion,L describes what ind of political 8uestion1
c. opportunity to challenge the governmental actM
a. adherence indM
d. familiarity to challenge the governmental act.
b. prudential indM
);.Congressman ugar
c. respectful indM d. deference ind.
)/. The Loperative factL doctrine of constitutional law is applied when a law is declared1
)7. )7. !n the hierarchy of civil liberties, which right occupies the highest preferred position1
a. operativeM
a. right to academic freedomM
b. factualM
b. right to a balanced and healthful ecologyM
c. constitutionalM
c. right to freedom of e3pression and of assemblyM
d. unconstitutional.
d. right to e8ual health.
)).The totality of governmental power is contained in three great powers1 a. police power, power of se8uestration, power of foreign policyM b. power of immigration, municipal power, legislative powerM c. e3ecutive power, legislative power, 'udicial powerM d. police power, power of eminent domain, power of ta3ation. )$.The most essential, insistent and the least limitable of #government& powers, e3tending as it does to all the great public needs, is1 a. emergency powerM b. police powerM c. legislative powerM
)I.!n which of the following would there be no double 'eopardy even if a subse8uent case is filed a. Pot is accused before the RTC of 8ualified theft. After innumerable postponements against Pot’s wishes, he moves for dismissal for denial of the right to a speedy trial. Prosecutor ob'ected. "ismissal grantedM b. Pot is accused before the RTC of 8ualified theft. After innumerable postponements against Pot’s wishes, the prosecutor moves for dismissal with the consent of Pot. GrantedM c. Pot is accused before the RTC of 8ualified theft. After innumerable postponements against Pot’s wishes, he moves for dismissal for denial of the right to a speedy trial. Prosecutor posts no ob'ections. "ismissal grantedM d. Pot is accused before the RTC of 8ualified theft. After innumerable postponements against Pot’s wishes, the prosecutor moves for dismissal over the ob'ections of Pot. Granted.
d. power to declare martial law. )K. >nder Article !!!, ection / of the *ill of Rights, which provides for the e3clusion of evidence that violate the
right to privacy of communication and correspondence, to come under the e3clusionary rule, the evidence must be obtained by1 a. private individuals acting on their ownM
-ayor 6ebron allowed them to use the northwestern part of the pla:a but not the ios #which is a few meters away from the Catholic church&. -embers of the Gangnam tyle 0itnesses claim that the act of -ayor 6ebron is a violation of their freedom of assembly and religion. !s this correct
b. government agentsM a. 4o, because this is valid e3ercise of police powerM c. private individuals acting on orders of superiorsM d. former high government officials. ). The complementing regime that best characteri:es the guarantees of freedom of speech and of the press are1 a. prior punishment and moderate punishmentM b. prior censorship and subse8uent remediesM c. no prior restraint and subse8uent punishmentM d. no prior restraint and no subse8uent punishment. )J.The free e3ercise and non+establishment clauses pertain to which right under the *ill of Rights1
b. es, because the pla:a being of public use can be used by anybody regardless of religious beliefM c. 4o, because historical e3perience shows that peace and order may be disturbed whenever two opposing religious groups or beliefs e3pound their dogmasM d. es, because there is no clear and present danger in holding a religious meeting by another religious group near a catholic church. $B. 0hich one is 4
a. liberty of movementM
b. trade secrets and baning transactionsM
b. liberty of abodeM
c. criminal matters or classified law enforcement mattersM
c. religionM d. life and liberty. $;.The Gangnam tyle’s 0itnesses #whose tenets are derogatory to the Catholic Church&, applied for a permit to use the public pla:a and ios to hold their religious meeting on the occasion of their founding anniversary.
d. government research data used as a basis for policy development. $/.0hich one of the following circumstances is 4
a. entering upon public property for a momentary periodM b. under color of legal authorityM
$7.All persons charged shall, before conviction, be bailable by sufficient sureties, e3cept those charged with1 a. offenses punishable by death when evidence of guilt is strongM
c. devoting it to public useM d. as substantially to cust the owner of all beneficial ownership. $).-aret value for purposes of determining 'ust compensation in eminent domain has been d escribed as the fair value of property1 a. between one who desires to purchase and one does not desire to sellM b. between one who desires to purchase and one who wants to delay sellingM
b. offenses punishable by life imprisonment when evidence of guilt is strongM c. offenses punishable by death when evidence of guilt is weaM d. offenses punishable by reclusion perpetua when evidence of guilt is strong. $I.Criminal trial may proceed, notwithstanding the absence of the accused provided that he has been duly notified, and his failure to appear is un'ustifiable, after1 a. preliminary investigationM
c. between one who desires to purchase and one who desires to sellM d. between one who desires to purchase on terms and one who desires to sell after a period of time.
b. arraignmentM c. sentencingM d. prosecution has rested its case.
$$.>nder Article !!!, ection B/ of the Constitution, any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent, etc. The investigation referred to is called1 a. preliminary investigationM
$K.The re8uisites of a valid trial in absentia e3clude1 a. 0herein hisFher failure to appear is un'ustifiableM
c. criminal investigationM
b. 0herein heFshe allows himselfFherself to be identified by the witness in hisFher absence, without further un8ualified admitting that every time a witness mentions a name by which heFshe is nown, it shall be understood to refer to himFherM
d. custodial investigation.
c. 0herein heFshe has been duly notified of the trialM
b. summary investigationM
d. 0herein the accused has already been arraigned. $.The privilege of the writ of habeas corpus shall not be suspended e3cept in cases of1
a. unless for compelling reasons involving death penalty crimes and the e3ecutive hereafter provides for itM
a. imminent danger of invasion or rebellion when the public safety re8uires itM
b. unless for compelling reasons involving heinous crimes and a constitutional amendment provides for itM
b. grave danger of invasion or rebellion when the public safety re8uires itM
c. unless for compelling reasons involving heinous crimes and Congress hereafter provides for itM
c. clear and present danger of invasion or rebellion when the public safety re8uires itM
d. unless for compelling reasons involving heinous crimes and the upreme Court hereafter upholds it.
d. invasion or rebellion when the public safety re8uires it. $J.The right of the accused against self+incrimination will be violated if1 a. he is charged with violation of the Anti+-oney 6aundering Act and he was re8uired to produce his ban passbooM b. he is a public officer charged with amassing ill+ gotten wealth and his statement of assets and liabilities will be presented as evidenceM
7B.An e3 post facto law has been defined as one1 a. which aggravates a crime or maes it lesser than when it was committedM b. which mitigates a crime or maes it lesser than when it was committedM c. which aggravates a crime or maes it greater than when it was committedM d. which aggravates a crime or maes it non+criminal after it was committed.
c. his gun was sub'ected to a ballistics testM 7/.A bill of attainder is1 d. a sample of his blood was taen if his blood type matches the blood type found at the scene of the crime. 7;.The death penalty shall not be imposed1
a. an e3ecutive act which inflicts punishment without tenderM b. a 'udicial act which inflicts punishment without tenderM
c. a legislative act which inflicts punishment without trialM d. a legislative act which pardons punishment after tender. 7).0hich one of the following is 4
7I. !n
a. decisional autonomyM
c. a sovereign nationM
b. organi:ational autonomyM
d. a sovereign entity.
c. fiscal autonomyM
7. 0hich one is 4
d. 8uasi+'udicial autonomy. a. culpable violation of the ConstitutionM 77.The Civil ervice shall be administered by the Civil ervice Commission composed of a1
b. treason, bribery, graft and corruption and other high crimesM
a. Chairman and a CommissionerM c. betrayal of public trustM b. Chairman and two #/& CommissionersM c. Chairman and three #)& CommissionersM d. Chairman and four #$& Commissioners.
d. culpable violation of the duty to be at all times accountable to the people. 7J.0hich is 4
a. a 'ustice of the upreme CourtM
b. A person convicted in an impeachment proceeding is granted an absolute pardonM
b. a commissioner of the ComelecM c. the administrator of the upreme CourtM
c. A person convicted in an impeachment proceeding files his appeal before the upreme CourtM
d. the
d. 4one of the above.
I;.0hich has the e3clusive power to initiate all cases of impeachment1 a. the enateM b. the @ouse of RepresentativesM c. the enate PresidentM d. the peaer of the @ouse of Representatives. IB.At least one+third of all the members of the @ouse of Representatives may file articles of impeachment by1 a. verified bill and resolutionM b. verified complaint and resolutionM
I).A public officer impeached and removed from office shall1 a. nevertheless be immure from prosecution, trial and punishment according to lawM b. nevertheless be liable and sub'ect to prosecution, trial and punishment under the Anti+Graft and Corrupt Practices ActM c. nevertheless be liable and sub'ect to prosecution, trial and punishment according to la wM d. nevertheless be liable and sub'ect to prosecution, trial and punishment only for criminal acts under the law. I$.The
c. verified notice and resolutionM a. the !ntegrated *ar of the PhilippinesM d. verified complaint and notice. b. the Commission on AppointmentsM I/.The President cannot grant pardon in cases of impeachment. @e may however e3ercise such power when1
c. the (udicial and *ar CouncilM d. the upreme Court.
a. A person convicted in an impeachment proceeding is sub'ect to prosecution, trial and punishment in an ordinary criminal actionM
I7.A64 means1 a. ummary of assets, liabilities and net worthM
b. tatement of assets in bans, liabilities and net worthM
c. Central *anM d. -onetary *oard.
c. tatement of assets, liabilities and net worthM d. tatement of personal assets, liabilities and net worth. II.The independent economic planning agency of the Government as provided for by the Constitution is the1
IJ.*ona fide associations of citi:ens which demonstrate capacity of promote the public interest and with identifiable leadership, membership, and structure are1 a. independent party+list organi:ationsM b. independent sectoral organi:ationsM
a. 4ational Privati:ation
K;. The principal function of the Commission on @uman Rights is1 a. issue writs of in'unctionF restraining ordersM b. investigatoryM
a. *aners Association of the PhilippinesM c. 8uasi+'udicialM b. Philippine -ission of the !nternational -onetary =undM c. Central *an of the PhilippinesM
d. rule+maing. KB.
d. 0orld *an, Philippine Affiliate. a. without additional overtime cost to GovernmentM I.The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines only upon prior concurrence of the1 a. @ouse of RepresentativesM b. enateM
b. without additional cost to GovernmentM c. without additional cost for religious boos to GovernmentM
d. without additional power consumption costs to Government.
which another tate acnowledges that the political entity recogni:ed possesses the attributes of statehood.L
K/.Academic freedom shall be en'oyed1
a. accessionM
a. in all public institutionsM
b. recognitionM
b. in all elementary and high schoolsM
c. acnowledgmentM
c. in all schoolsM
d. attribution.
d. in all institutions of higher learning. K).>nder Article )#B& of the tatute of the !nternational Court of (ustice, which one of the following is 4
KI.An act or process by which a tate, in compliance with a formal demand or re8uest, surrenders to another tate an alleged offender or fugiti ve criminal who has sought refuge in the territory of the first tate, in order to stand trial or complete his prison term1
a. international conventionsM
a. e3tramediationM
b. international customM
b. e3terrertiorialityM
c. international humanitarian lawM
c. e3traditionM
d. general principles of law.
d. e3traterritoriality.
K$.!n international law, it is a norm which tates cannot derogate or deviate from their agreements1 a. terra nulliusM
KK. This doctrine considers the general or customary norms of international law as a part of municipal law and are to be enforced as such, without regard as to whether they are enacted as statutory or legislative rules or not1
b. opinio 'urisM
a. accessionM
c. 'us cogensM
b. incorporationM
d. 'us cogentus.
c. accretionM
K7.!n international law, the status of an entity as a tate is accepted by other tates through this act. !t is the Lact by
d. adoption.
K.>nder the >nited 4ations Conference of the 6aw of the ea #>4C6<&, the e3tent of the contiguous :one is1 a. ) nautical miles from the lowest water marM b. B/ miles from the outer limitsM
-aati. The case was dismissed. The City of -andaluyong thereafter filed a case against him for theft under the Revised Penal Code #RCP&. !s there double 'eopardy a. 4o. The first 'eopardy was terminated with his e3press consentM
c. B/ miles from the lowest water marM d. /;; miles from the outer limits. KJ.!t is a line from which the breadth of the territorial sea and other maritime :ones is measured1
b. es. This is double 'eopardy of the second ind O prosecution for the same act under an ordinance and a lawM c. es. @e is prosecuted for the same offense which has already been dismissed by the City of -aatiM
a. contiguous lineM b. economic lineM
d. 4o. The second ind of double 'eopardy under ection /B, Article !!! only contemplates conviction or ac8uittal which could terminate a first 'eopardy.
c. baselineM d. archipelagic line. ;.!t is a maritime :one ad'acent to the territorial seas where the coastal state may e3ercise certain protective 'urisdiction1
/.
a. baseline :oneM c. more than a glint of scintillaM b. contiguous :oneM d. more than a mere scintilla. c. transit :oneM d. appurtenant :one. B.*utchoy installed a 'umper cable. @e was prosecuted under a -aati ordinance penali:ing such act. @e moved for its dismissal on the ground that the 'umper cable was within the territorial 'urisdiction of -andaluyong and not
). A statutory provision re8uiring the President or an administrative agency to present the proposed implementing rules and regulations of a law to Congress which by itself or through a committee formed by it, retains a LrightL or LpowerL to approve or disapprove such regulations before they may tae effect, is a1
a. legislative encroachmentM b. legislative vetoM c. legislative oversightM d. legislative scrutiny. $.0hich one of the enumeration below does not come under the Administrative Code definition of a LruleL1 a. agency statement of general applicability that implements or interprets a lawM b. fi3es and describes the procedures in or practice re8uirements of, an agencyM c. includes memoranda and statements concerning internal administrationM d. an agency process for the formulation of a final order.
I.The re8uirement of the Administrative Code on Lpublic participationL is that, if not otherwise re8uired by law, an agency shall1 a. in all cases, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any ruleM b. in all clear and proper cases, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any ruleM c. as far as practicable, publish or circulate notices of proposed rules and afford the party+list parties the opportunity to submit their views prior to the adoption of any ruleM d. as far as practicable, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule.
7. >nder the Administrative Code, Lad'udicationL means1 a. whole or any part of any agency permit, certificate, or other form of permission, or regulation of the e3ercise of a right or privilegeM b. an agency process for the formulation of a final orderM c. agency process for the formulation, amendment, or repeal of a ruleM d. agency process involving the grant, renewal, denial, revocation or conditioning of a license.
K.>nder the Administrative Code, in the fi3ing of rates, no rules or final order shall be valid unless1 a. the proposed rates shall have been submitted to the >.P. 6aw Center for publication at least two wees before the first hearing thereonM b. the proposed rates shall have been published in the
d. the proposed rates shall have been published in a newspaper of general circulation at least two wees before the final hearing thereon. . !n the 'udicial review of decisions of administrative agencies, the Administrative Code re8uires that the review shall be made1 a. on the basis of the pleadings taen as a wholeM
b. it was proven that he illed somebody on a date different from the one alleged in the informationM c. he was charged with parricide but was convicted of murder, because it turned out that he and the victim were not marriedM d. the accused was charged with commission of acts of lasciviousness and was convicted of un'ust ve3ation.
b. on the basis of the record taen as a wholeM c. on the basis of the evidence taen as a wholeM
JB. A criminal statute that Lfails to give a person of ordinary intelligence fair notice that hi s contemplated conduct is forbidden by statuteL is1
d. on the basis of the memoranda taen as a whole. a. void for fair noticeM J. !n the 'udicial review of decisions of administrative agencies, the Administrative Code re8uires that, e3cept when specifically provided otherwise by law1
b. void for arbitrarinessM c. void for vaguenessM
a. the findings of law of agency when supported by substantial evidence, shall be finalM b. the findings of fact of the agency when supported by preponderant evidence, shall be finalM c. the findings of fact of the agency when supported by substantial evidence, shall be finalM
d. void conclusively. J/. LChilling effectL is a concept used in the area of constitutional litigation affecting1 a. protected speechM b. protected e3ecutive privilegeM
d. the findings of law of the agency when supported by credible evidence, shall be final. J;.The right of the accused to be informed is violated if1 a. he was accused of illing his wife by strangulation but it was proven that his wife died of poisoningM
c. protected legislative discretionM d. protected 'udicial discretion. J).!n the law of libel and protected speech, a person who, by his accomplishments, fame, or mode of living, or by adopting a profession or calling which gives the public a
legitimate interest in his doings, his affairs, and his character, has become a1
concerned proves that the statement was with nowledge that it was false or with recless disregard of whether it was false or not. This is nown a s what rule
a. public figureM a. libel malice ruleM b. celebrityM b. actual malice ruleM c. public officialM c. malice in fact ruleM d. de facto public officer. d. legal malice rule. J$.0hich one of the following is not a proper test in cases of challenges to governmental acts that may violate protected speech1 a. clear and present dangerM b. balancing of interestsM c. reasonable relationM d. dangerous tendency. J7.Commercial speech is entitled to1 a. more protection compared to other constitutionally guaranteed e3pressionM b. e8ual protection compared to other constitutionally guaranteed e3pressionM c. lesser protection compared to other constitutionally guaranteed e3pressionM d. none of the above. JI.4o liability can attach to a false, defamatory statement if it relates to official conduct, unless the public official
JK. !t is form of entrapment. The method is for an officer to pose as a buyer. @e, however, neither instigates nor induces the accused to commit a crime because in these cases, the LsellerL has already decided to commit a crime. The offense happens right before the e yes of the officer. >nder these circumstances1 a. there is a need for an administrative but not a 'udicial warrant for sei:ure of goods and arrest of the offenderM b. there is need for a warrant for the sei:ure of the goods and for the arrest of the offenderM c. there is no need for a warrant either for the sei:ure of the goods or for the arrest of the offenderM d. the offender can be arrested but there is a need for a separate warrant for the sei:ure of the goods. J. 0here a police officer observes unusual conduct which leads him reasonably to conclude in light of his e3perience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and dangerous and he identifies himself and maes reasonable in8uiries, but nothing serves to dispel his
reasonable fear for his own or other’s safety, he is entitled to conduct a carefully limited search of the outer clothing of such persons for weapons. uch search is constitutionally permissible and is nown as a1
b. cross+e3amine the witnessM c. be informed of the witnessM d. be heard.
a. stop and searchM 201"
b. stop and frisM !. c. stop and interrogateM d. stop and detain. JJ. Accused was charged with slight illegal detention.
N1 L"o you have an attorney or are you going to plead guiltyL A1 L! have no lawyer and i will plead guilty.L
Accused was then arraigned, pleaded guilty, was found guilty and sentenced.
!n the last 8uarter of /;B/, about 7,;;; container vans of imported goods intended for the Christmas eason were sei:ed by agents of the *ureau of Customs. The imported goods were released only on (anuary B;,/;B). A group of importers got together and filed an action for damages before the Regional Trial Court of -anila against the "epartment of =inance and the *ureau of Customs. The *ureau of Customs raised the defense of immunity from suit and, alternatively, that liability should lie with D Corp. which the *ureau had contracted for the lease of ten #B;& high powered van cranes but delivered only five #7& of these cranes, thus causing the delay in its cargo+handling operations. !t appears that the *ureau, despite demand, did not pay D Corp. the Php B.; -illion deposit and advance rental re8uired under their contract. #A& 0ill the action by the group of importers prosper #7%& #*& Can D Corp. sue the *ureau of Customs to collect rentals for the delivered cranes #7H%& !!. 0hile Congress was in session, the President appointed eight acting ecretaries. A group of enators from the minority bloc 8uestioned the validity of the appointments in a petition before
the upreme Court on the ground that while Congress is in session, no appointment that re8uires confirmation by the Commission on Appointments, can be made without the latterHs consent, and that an undersecretary should instead be designated as Acting ecretary.
and bench for their selection, the manner a trial by 'ury shall operate, and the procedures to be followed. !s the law constitutional #I%& .
hould the petition be granted #7%& !!!. A robbery with homicide had taen place and 6ito, *adong and Rolliewere invited for 8uestioning based on the information furnished by a neighbor that he saw them come out of the victimHs house at about the time of the robberyFilling. The police confronted the three with this and other information they had gathered, and pointedly accused them of committing the crime. 6ito initially resisted, but eventually broe down and admitted his participation in the crime. 5lated by this brea and desirous of securing a written confession soonest, the police called City Attorney (uan *uan to serve as the trioHs counsel and to advise them about their rights during the investigation. *adong and Rollie, weaened in spirit by 6itoHs early admission, liewise admitted their participation. The trio thus signed a 'oint e3tra+'udicial confession which served as the main evidence against them at their trial. They were convicted based on their confession. hould the 'udgment of conviction be affirmed or reversed on appeal #7%& !. Congress enacted a law providing for trial by 'ury for those charged with crimes or offenses punishable by reclusion perpetua or life imprisonment. The law provides for the 8ualifications of members of the 'ury, the guidelines for the bar
As a leading member of the 6apiang -andirigma in the @ouse of Representatives, you were tased by the party to initiate the moves to impeach the President because he entered into an e3ecutive agreement with the > Ambassador for the use of the former ubic 4aval *ase by the > 4avy, for free, i.e., without need to pay rent nor any ind of fees as a show of goodwill to the >.. because of the continuing harmonious RP+> relations. Cite at least two #/& grounds for impeachment and e3plain why you chose them. #I%& !. Congress passed Republic Act 4o. KKBB to comply with the >nited 4ations Convention on the 6aw of the ea. !n a petition fil ed with the upreme Court, Ana Ti !locos, an association of !locano professionals, argued that Republic Act 4o. KKBBdiscarded the definition of the Philippine territory under the Treaty of Paris and in related treatiesM e3cluded the ?alayaan !slands and the carborough hoals from the Philippine Archipelagic baselinesM and converted internal waters into archipelagic waters. !s the petition meritorious #I%& !!. As he was entering a bar, Arnold +who was holding an unlit cigarette in his right hand +was handed a match bo3 by
someone standing near the doorway. Arnold unthiningly opened the matchbo3 to light his cigarette and as he did so, a sprinle of dried leaves fell out, which the guard noticed. The guard immediately frised Arnold, grabbed the matchbo3, and sniffed its contents. After confirming that the matchbo3 contained mari'uana, he immediately arrested Arnold and called in the police. At the police station, the guard narrated to the police that he personally caught Arnold in possession of dried mari'uana leaves. Arnold did not contest the guardHs statementM he steadfastly remained silent and refused to gi ve any written statement. 6ater in court, the guard testified and narrated the statements he gave the police over ArnoldHs counselHs ob'ections. 0hile Arnold presented his own witnesses to prove that his possession and apprehension had been set+up, he himself did not testify. The court convicted Arnold, relying largely on his admission of the charge by silence at the police investigation and during trial. =rom the constitutional law perspective, was the court correct in its ruling #I%& !!!. *obby, an incoming third year college student, was denied admission by his university, a premiere educational institution in -anila, after he failed in three #)& ma'or sub'ects in his sophomore year. The denial of admission was based on the universityHs rules and admission policies. >nable to cope with the depression that his non+admission triggered, *obby committed suicide. @is family sued the school for damages, citing the schoolHs grossly unreasonable rules that resulted in the denial of admission. They argued that these rules violated *obbyHs human rights and the priority consideration that the Constitution gives to the education of the youth.
ou are counsel for the university. 53plain your arguments in support of the universityHs case. #I%& !D. Conrad is widely nown in the neighborhood as a drug addict. @e is also suspected of being a member of the notorious LAyat+ Condo GangL that has previously broen into and looted condominium units in the area. Retired Army Colonel angre O who is nown as an anti+ terrorism fighter who disdained human and constitutional rights and has been nicnamed Lterror of -indanaoL Oi s now the @ead of ecurity of Capricorn 6and Corporation, the owner and developer of agittarius 5states where a series of robberies has recently taen place.
#*& !f the petition would prosper, can Col. angre be held liable andFor responsible for ConradHs disappearance #I%&
!f you are a member of the (*C, would you give credit to this e3planation #I%& D!!.
D. The Ambassador of the Republic of ?afiristan referred to you for handling, the case of the 5mbassyHs -aintenance Agreement with C*-, a private domestic company engaged in maintenance wor. The Agreement binds C*-, for a defined fee, to maintain the 5mbassyHs elevators, air+conditioning units and electrical facilities. ection B; of the Agreement provides that the Agreement shall be governed by Philippine laws and that any legal action shall be brought before the proper court of -aati. ?afiristan terminated the Agreement because C*allegedly did not comply with their agreed maintenance standards. C*- contested the tennination and filed a complaint against?afiristan before the Regional Trial Court of -aati. The Ambassador wants you to file a motion to dismiss on the ground of state immunity from suit and to oppose the position that under ection B; of the Agreement, ?afiristan e3pressly waives its immunity from suit. >nder these facts, can the 5mbassy successfully invoe immunity from suit #I%& D!. !n her interview before the (udicial and *ar Council #(*C&,Commissioner Annie Amorsolo of the 4ational 6abor Relations Commission claims that she should be given credit for 'udicial service because as 46RC Commissioner, she has the ran of a (ustice of the Court of AppealsM she ad'udicates cases that are appealable to the Court of AppealsM she is assigned car plate 4o. B;M and she is, by law, entitled to the ran, benefits and privileges of a Court of Appeals (ustice.
!n the -ay /;B) elections, the Allied 0orersH Group of the Philippines #A0GP&, representing land+based and sea+based worers in the Philippines and overseas, won in the party list congressional elections. Atty. Abling, a labor lawyer, is its nominee. As part of the partyHs advocacy and services, Congressman Abling engages in labor counseling, particularly for local worers with claims against their employers and for those who need representation in collective bargaining negotiations with employers. 0hen labor cases arise, A0GP enters its appearance in representation of the worers and the Congressman maes it a point to be there to accompany the worers, although a retained counsel also formally enters his appearance and is invariably there. Congressman Abling largely taes a passive role in the proceedings although he occasionally speas to supplement the retained counselHs statements. !t is otherwise in C*A negotiations where he actively participates. -anagement lawyers, feeling that a congressman should not actively participate in cases before labor tribunals and before employers because of the influence a congressman can wield, filed a disbarment case against the Congressman before the upreme Court for his violation of the Code of Professional Responsibility and for breach of trust, in relation particularly with the prohibitions on legislators under the Constitution. !s the cited ground for disbarment meritorious #I%& #$LTIPLE %&'I%E Q$E!TI'(!
!. The e8ual protection clause is violated by QQQQQQQQQQ. #B%&
#A& a law prohibiting motorcycles from plying on limited access highways. #*& a law granting alue Added Ta3 e3emption to electric cooperatives that sells electricity to the Lhomeless poor.L #C& a law providing that a policeman shall be preventively suspended until the termination of a criminal case against him. #"& a law providing higher salaries to teachers in public schools who are Lforeign hires.L #5& a law that grants rights to local =ilipino worers but denies the same rights to overseas =ilipino worers. !!.
!!!. Congress enacted Republic Act 4o. B/)$ re8uiring all candidates for public offices to post an election bond e8uivalent to the one #B& year salary for the position for which they are candidates. The bond shall be forfeited if the candidates fail to obtain at least B;% of the votes cast. !s Republic Act 4o. B/)$ valid #B%& #A& !t is valid as the bond is a means of ensuring fair, honest, peaceful and orderly elections. #*& !t is valid as the bond re8uirement ensures that only candidates with sufficient means and who cannot be corrupted, can runfor public office. #C& !t is invalid as the re8uirement effectively imposes a property 8ualification to run for public office. #"& !t is invalid as the amount of the surety bond is e3cessive and unconscionable. #5& !t is valid because it is a reasonable re8uirementM the Constitution itself e3pressly supports the accountability of public officers. !. 0hat is the legal effect of decisions of the !nternational Court of (ustice in cases submitted to it for resolution #B%& #A& The decision is binding on other countries in similar situations.
#C& employees can barricade the gates of the Port of -anila at outh @arbor and call for the resignation of the incumbent Commissioner of Customs
#*& The decision is not binding on any country, even the countries that are parties to the case.
#"& employees can wear blac arm bands and pins with the word L>4=A!RL inscribed
#C& The decision is binding only on the parties but only with respect to that particular case.
#5& 4one of the above can legally be done.
#"& The decision is not binding on the parties and is only advisory.
#C& a =ilipino citi:en no matter where he or she may be born
#5& The binding effect on the parties depends on their submission agreement.
#"& a =ilipino citi:en provided the child is born in the Philippines
. >nder the >4 Convention on the 6aw of the ea, the e3clusive economic :one refers to an area. #B%& #A& that is at least B;; miles from the baselines from which the outer limit of the territorial sea is measured #*& that is at least /;; miles but not to e3ceed );; miles from the baselines from which the outer limit of the territorial sea is measured #C& beyond and ad'acent to a countryHs territorial sea which cannot go beyond /;; nautical miles from the baselines from which the outer limit of the territorial sea is measured #"& that can go beyond ) nautical miles but cannot e3tend );; nautical miles from the baselines from which the outer limit of the territorial sea is measured #5& 4one of the above. !. A child born under either the BJK) or the BJK Constitution, whose father or mother is a =ilipino citi:en at the time of his birth, is QQQQQQQQQQ. #B%& #A& not a =ilipino citi:en as his father and mother must both be =ilipino citi:ens at the time of his birth #*& not a =ilipino citi:en if his mother is a =ilipino citi:en but his father is not, at the time of his birth
#5& a =ilipino citi:en if he or she so elects upon reaching the age of /B !!. 0ho has control of the e3penditure of public funds #B%& #A& The
#"& es, because the President has the power and authority to impose reasonable restrictions on the power of cities to raise re venues.
#C& 4ot all bodies labeled as LindependentL by the Constitution were intended to be independent from the 53ecutive branch of government.
#5& es, if so provided in a cityHs charter.
#"& The Constitution guarantees various degrees of independence from the other branches of government when it labels bodies as LindependentL.
!D. The provision under the Constitution +that any member who too no part, dissented, or inhibited from a decision or resolution must state the reason for his dissent or non+participation + applies QQQQQQQQQQ. #B%& #A& only to the upreme Court #*& to both the upreme Court and the Court of Appeals #C& to the upreme Court, Court of Appeals and the andiganbayan #"& to the upreme Court, the Court of Appeals, the andiganbayan and the Court of Ta3 Appeals #5& to all collegial 'udicial and 8uasi+'udicial ad'udicatory bodies D. Choose the least accurate statement about the independence guaranteed by the BJK Constitution to the following constitutional bodies1 #B%& #A& The Constitution guarantees the C<-565C decisional and institutional independence similar to that granted to the(udiciary. #*& All bodies labeled as LindependentL by the Constitution en'oyfiscal autonomy as an attribute of their independence.
#5& The C<-565C, the C
D!!. -r. inco sued the government for damages. After trial, the court ruled in his favor and awarded damages amounting to P7; million against the government. To satisfy the 'udgment against the government, which valid option is available to -r. inco # B%&
#C& The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.
#*& =ile a claim with the Commission on Audit #C
#"& The right of the people to information on matters. of public concern shall be recogni:ed. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citi:en, sub'ect to such limitations as may be provided by la w.
#C& -ae representations with the Congress to appropriate the amount to satisfy the 'udgment.
#5& All the above only provide guidelines and are not self+ e3ecuting.
#A& Garnish the government funds deposited at the 6and *an.
#"& =ile a petition for mandamus in court to compel Congress to appropriate P7; million to satisfy the 'udgment. #5& Proceed to e3ecute the 'udgment as provided by the Rules of Court because the tate allowed itself to be sued. D!!!. 0hich of the following provisions of the Constitution does not confer rights that can be enforced in the courts but only provides guidelines for legislative or e3ecutive action #l%& #A& The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the en'oyment by all the people of the blessings of democracy. #*& The tate shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.
D!. The President entered into an e3ecutive agreement with ietnam for the supply to the Philippines of animal feeds not to e3ceed $;,;;; tons i n any one year. The Association of Animal =eed ellers of the Philippines 8uestioned the e3ecutive agreement for being contrary to R.A. $I/ which prohibits the importation of animal feeds from Asian countries. !s the challenge correct #B%& #A& es, the e3ecutive agreement is contrary to an e3isting domestic law. #*& 4o, the President is solely in charge of foreign relations and all his actions in this role form part of the law of the land. #C& 4o, international agreements are sui generis and stand independently of our domestic laws. #"& es, the e3ecutive agreement is actually a treaty which does not tae effect without ratification by the enate.
#5& es, the challenge is correct because there is no law empowering the President to undertae the importation. D. The separation of Church and tate is most clearly violated when QQQQQQQQQQ. #B%&
#C& only as a Commissioner of the Civil ervice Commission #"& only as Chairman of the Commission on 5lections #5& to any position as no prohibition applies to Patricio
#A& the tate funds a road pro'ect whose effect is to mae a church more accessible to its adherents #*& the tate declares the birthplace of a founder of a religious sect as a national historical site #C& the tate e3propriates church property in order to construct an e3pressway that, among others, provides easy access to the ChurchHs main cathedral #"& the tate gives vehicles to bishops to assist them in church+related charitable pro'ects #5& the tate allows prayers in schools for minor children without securing the prior consent of their parents D!. Patricio was elected member of the @ouse of Representative in the -ay /;B; 5lections. @is opponent (ose 8uestioned PatricioHs victory before the @ouse of Representatives 5lectoral Tribunal and later with the upreme Court.
D!!. enator GC proposed a bill increasing e3cise ta3es on tobacco and alcohol products. The generated incremental revenues shall be used for the universal health care program for all =ilipinos and for tobacco farmersH livelihood. After the enate passed the bill on third reading, it was transmitted to the @ouse of Representatives which approved the bill in toto. The President eventually signed it into law. Atty. (=C filed a petition before the upreme Court, 8uestioning the constitutionality of the new law. !s the law constitutional #B%& #A& The law is constitutional because it is for a public purpose and has duly satisfied the three+readings+on+ separate+days rule in both @ouses. #*& The law is unconstitutional because it violates the e8ual protection clause of the ConstitutionM it is limited only to alcohol and li8uor products. #C& !t is constitutional because of the 5nrolled *ill Theory.
!n a decision promulgated in 4ovember /;BB, the Court ruled in (oseHs favorM thus, Patricio was ousted from his seat i n Congress. 0ithin a year from that decision, the President can appoint Patricio QQQQQQQQQQ. #B%& #A& only as a member of the board of directors of any government owned and controlled corporation #*& only as a deput y
#"& !t is constitutional because it is valid in form and substance and complied with the re8uired la wmaing procedures.#5& 4one of the above is correct. D!!!. 0hich of the following statements is correct #B%& #A& The President, with the concurrence of the -onetary *oard, can guarantee a foreign loan on behalf of the Republic of the Philippines.
#*& Congress may, by law, provide limitations on the PresidentHs power to contract or guarantee foreign loans on behalf of the Republic of the Philippines. #C& !n order to be valid and effective, treaties and e3ecutive agreements must be concurred in by at least two+thirds of all the -embers of the enate. #"& The President shall, at the end of every 8uarter of the calendar year, submit to Congress a complete report of the loans contracted or guaranteed b y the Government or government+owned and controlled corporations. #5& All the above choices are defective in some respects. D!D. Candida has been administratively charged of immorality for openly living with -anuel, a married man. Candida argues that her con'ugal arrangement with -anuel fully conforms with their religious beliefs and with the teachings of their church. !n resolving whether Candida should be administratively penali:ed, which is the best test to apply #B%&
ad'ournment of the session of Congress on the )Hd year of the positionHs three+year term. 0hat was CarlosH status during his incumbency as congressman #B%& #A& @e was a de 'ure officer, having been duly elected and proclaimed. #*& @e was not a public officer because he effectively was not entitled to be a congressman. #C& @e was a de 'ure officer since he completed the service of his term before he was dis8ualified. #"& @e was a de facto officer since he had served and was only dis8ualified later. #5& @e neither possesses de 'ure nor de facto status as such determination is pointless. 201)
#A& Clear and Present "anger Test
!.
#*& Compelling tate !nterest Test
0ith the passage of time, the members of the @ouse of Representatives increased with the creation of new legislative districts and the corresponding ad'ustments in the number of party+list representatives. At a time when the @ouse membership was already /J;, a great number of the members decided that it was time to propose amendments to the Constitution. The enators, however, were cool to the idea. *ut the members of the @ouse insisted. They accordingly convened Congress into a constituent assembly in spite of the opposition of the ma'ority of the members of the enate. 0hen the votes were counted, /K7 members of the @ouse of Representatives approved the proposed amendments.
#C& *alancing of interests Test #"& Conscientious A. The decision dis8ualifying Carlos for being a > citi:en came only in -arch /;B;, i.e., after the
proposals were validly made, since more than the re8uired three+fourths vote of Congress has been obtained. The B$ enators who voted against the proposals claim that the proposals needed not three+fourths vote of the entire Congress but each house. ince the re8uired number of votes in the enate was not obtained, then there could be no valid proposals, so argued the enators. 0ere the proposals validly adopted by Congress #7%& !!. everal citi:ens, unhappy with the proliferation of families dominating the political landscape, decided to tae matters into their own hands. They proposed to come up with a people’s initiative defining political d ynasties. They started a signature campaign for the purpose of coming up with a petition for that purpose. ome others e3pressed misgivings about a people’s initiative for the purpose of proposing amendments to the Constitution, however. They cited the Court’s decision i n antiago v. Commission on 5lections, /K; CRA B;I #BJJK&, as authority for their position that there is yet no enabling law for s uch purpose.
marginali:ed and underrepresented sectors of society, Greenpeas is not entitled to participate under the party+list system. @ow valid are the observations of *luebean #$%& !. A few months before the end of the present Congress, trongwill was invited by the enate to shed light in an in8uiry relative to the alleged siphoning and diverting of the por barrel of members of Congress to non+e3istent or fictitious pro'ects. trongwill has been identified in the news as the principal actor responsible for the scandal, the leader of a non+governmental organi:ation which ostensibly funnelled the funds to certain local government pro'ects which e3isted only on paper. At the start of the hearings before the enate, trongwill refused at once to cooperate. The enate cited him in contempt and sent him to 'ail until he would have seen the light. The Congress, thereafter, ad'ourned sine die preparatory to the assumption to office of the newly+elected members. !n the meantime, trongwill languished behind bars and the remaining senators refused to have him released, claiming that the enate is a continuing body and , therefore, he can be detained indefinitely. Are the senators right #$%& !!. -argie has been in the 'udiciary for a long time, starting from the lowest court. Twenty #/;& years from her first year in the 'udiciary, she was nominated as a (ustice in the Court of Appeals. -argie also happens to be a first+degree cousin of the President. The (udicial and *ar Council included her in the short+list submitted to the President whose term of office was about to end O it was a month before the ne3t presidential elections. Can the President still mae appointments to the 'udiciary during the so+called midnight appointment ban period Assuming that he can still mae appointments, could he appoint -argie, his cousin #$%& !!!.
The President, concerned about persistent reports of widespread irregularities and shenanigans related to the alleged ghost pro'ects with which the por barrel funds of members of Congress had been associated, decided not to release the funds authori:ed under a pecial Appropriations Act for the construction of a new bridge. The Chief 53ecutive e3plained that, to pro perly conserve and preserve the limited funds of the government, as well as to avoid further mistrust by the people, such a pro'ect O which he considered as unnecessary since there was an old bridge near the proposed bridge which was still functional O should be scrapped. "oes the President have such authority #$%& !D. Gerrymandering refers to the practice of1 #B%& #A& creating or dividing congressional districts in a manner intended to favor a particular party or candidate #*& truancy as applied to -embers of Congress #C& loafing among members of Congress #"& coming up with guessing game when it comes to legislation #5& commandeering large chuns of the budget for favoured congressional districts D. The void+for+vagueness doctrine is a concept which means that1 #B%& #A& if a law is vague, then it must be void
#*& any law which could not be understood by laymen is a nullity #C& if a law is incomprehensible to ordinary people such that they do not really now what is re8uired or prohibited, then the la w must be struc down #"& a government regulation that lacs clear standards is nonsensical and useless as a guide for human conduct #5& clarity in legal language is a mandate of due process. D!. !n eeping with the modern age of instant and incessant information and transformation, Congress passed Cybercrime Prevention Act to regulate access to and use of the amenities of the cyberspace. 0hile ostensibly the law is intended to protect the interests of society, some of its provisions were also seen as impermissibly invading and impairing widely cherished liberties of the people particularly the freedom of e3pression. *efore the law could even be implemented, petitions were filed in the upreme Court 8uestioning said provisions by people who felt threatened, for themselves as well as for the benefit of others who may be similarly affected but not minded enough to challenge the law. The olicitor General countered that there is no basis for the e3ercise of the power of 'udicial review since there has yet been no violation of the law, and therefore, there is no actual case or controversy to spea of, aside from the fact that the petitioners have no locus standi since they do not claim to be in imminent danger of being prosecuted under the law. Can the Court proceed to decide the case even if the law has not yet become effective #$%& D!!. The Court had adopted the practice of announcing its decision in important, controversial or interesting cases the moment the votes had been taen among the 'ustices, even as the final
printed decision and separate opinions are not yet available to the public. !n a greatly anticipated decision in a case of wide+ ranging ramifications, the voting was close O for the ma'ority, while K were for the other side. After the Court had thus voted, it issued a press release announcing the result, with the advice that the printed copy of the decision, together with the separate opinions, were to be issued subse8uently. The following day, however, one of the members of the Court died. The Court then announced that it would deliberate anew on the case since apparently the one who died belonged to the ma'ority. Citi:ens for Transparency, a group of civic+spirited professionals and ordinary citi:ens dedicated to transparency and accountability in the government, 8uestioned the act of the Court. The petitioners claimed the decision had already been validly adopted and promulgated. Therefore, it could no longer be recalled by the Court. At the same time, the group also ased the Court to disclose to the public the original decision and the separate opinions of the magistrates, together with what they had deliberated on 'ust before they came up with the press release about the +K decision. #I%& #A& 0as the announced +K decision already validly promulgated and thus not sub'ect to recall #*& !f the decision was not yet finali:ed at the time when the 'ustice died, could it still be promulgated #C& !f the decision was still being finali:ed, should the Court release to the public the ma'ority decision and the separate opinions as originally announced, together with their deliberations on the issues D!!!. Congress may increase the appellate 'urisdiction of the upreme Court1 #B%& #A& anytime it wants
#*& if re8uested by the upreme Court #C& upon recommendation of the President #"& only with the ad vice and concurrence of the upreme Court #5& whenever it deems it appropriate, advisable or necessary
authorities, afraid of the public disorder that such followers might do, decided to ban the distribution of the newspaper containing the article. "eepThroat went to court complaining about the prohibition placed on the dissemination of his article. @e claims that the act of the authorities partaes of the nature of hecler’s veto, thus a violation of the guaranty of press freedom.
D!. D!. The guarantee of freedom of e3pression signifies1 #B%& The overbreadth doctrine posits that the government1 #B%& #A& absolute freedom to e3press oneself #A& must now the e3tent of its power #*& freedom from prior restraint #C& right to freely spea on anything without limitations #"& the right of the government to regulate speech
#*& when it e3ercises too much power it is lie someone with bad breath O it is not healthy to society #C& can enact laws which can reach outside its borders, lie long +arm statues
#5& the right of broadcast stations to air any program D. Allmighty Apostles is a relatively new religious group and movement with fast+growing membership.
#"& the government is prohibited in banning unprotected speech if a substantial amount of protected speech is restrained or chilled in the process D!!. Towards the end of the year, the Commission on Audit #C
the rest of its appropriations even without complying with the "*- policy #$%& D!!!. The 4ational *uilding Code and its implementing rules provide, inter alia, that operators of shopping centers and malls should provide paring and loading spaces, in accordance with a prescribed ratio. The olicitor General, heeding the call of the public for the provision of free paring spaces in malls, filed a case to compel said business concerns to discontinue their practice of collecting paring fees. The mall owners and operators oppose, saying that this is an invalid taing of their property, thus a violation of due process. The olicitor General 'ustifies it, however, claiming that it is a valid e3ercise of police power. Could the mall owners and operators be validl y compelled to provide free paring to their customers #$%&
#A& civil servants must first 8ualify before they could be appointed to office #*& all employees in the government are merely agents of the people #C& the acts of subordinates presumptively of those of the heads of offices disapproves them #"& members of the Cabinet must have the absolute trust and confidence of the President DD!. Constituent power refers to the authority #B%& #A& of public officials to command respect
D!D.
#*& given to Congress to enact police power measures
urveys Galore is an outfit involved in conducting nationwide surveys. !n one such survey, it ased the people about the degree of trust and confidence they had in several institutions of the government. 0hen the results came in, the 'udiciary was shown to be less trusted than most of the government offices. The results were then published by the mass media. Assension, a trial court 'udge, felt particularly offended by the news. @e then issued a show+cause order against urveys Galore directing the survey entity to e3plain why it should not be cited in contempt for coming up with such a survey and publishing the results which were so unflattering and degrading to the dignity of the 'udiciary. urveys Galore immediately assailed the show+ cause order of (udge Assension, arguing that it is violative of the constitutional guaranty of freedom of e3pression. !s urveys Galore’s petition meritorious #$%&
#C& to propose constitutional amendments or revisions
DD. >nder the so+called doctrine of 8uali fied political agency, #B%&
#"& of the people to tae bac the power entrusted to those in government #5& of the President to call out the armed forces to suppress lawless violence DD!!. The 4ational Power and Grid Corporation #4PGC&, a government entity involved in power generation distribution, had its transmissi on lines traverse some fields belonging to =armer'oe. 4PGC did so without instituting any e 3propriation proceedings. =armer'oe, not nowing any better, did not immediately press his claim for payment until after ten years later when a son of his too up 6aw and told him that he had a right to claim compensation. That was then the only time that
=armer'oe earnestly demanded payment. 0hen the 4PGC ignored him, he instituted a case for payment of 'ust compensation. !n defense, 4PGC pointed out that the claim had already prescribed since under its Charter it is clearly provided that Lactions for damages must be filed within five years after the rights of way, transmission lines, substations, plants or other facilities shall have been established and that after said period, no suit shall be brought to 8uestion the said rights of way, transmission lines, substations, plants or other facilities.L !f you were the lawyer of =armer'oe, how would you protect and vindicate the rights of your client #$%&
Alienmae is a foreign tourist. he was ased certain 8uestions in regard to a complaint that was filed against her by someone who claimed to have been de frauded by her. Alienmae answered all the 8uestions ased, e3cept in regard to some matters in which she invoed her right against self+incrimination. 0hen she was pressed to elucidate, she said that the 8uestions being ased might tend to elicit incriminating answers insofar as her home state is concerned. Could Alienmae invoe the right against self+incrimination if the fear of incrimination is in regard to her foreign law #$%& DD.
DD!!!. The police got a report about a shooting incident during a town fiesta.
Rosebud is a natural+born =ilipino woman who got married to Roccold, a citi:en of tate =ro:en. *y virtue of the laws of =ro:en, any person who marries its citi:ens would automatically be deemed its own citi:en. After ten years of marriage, Rosebud, who has split her time between the Philippines and =ro:en, decided to run for Congress. @er opponent sought her dis8ualification, however, claiming that she is no longer a natural+born citi:en. !n any event, she could not see elective position since she never renounced her foreign citi:enship pursuant to the Citi:enship Retention and Reac8uisition Act #R.A. 4o. J//7&. !s Rosebuddis8ualified to run by reason of citi:enship #$%& DD!. The one+year+bar rule in impeachment proceedings is to be reconed from the time the #B%& #A& first impeachment complaint is filed #*& impeachment complaint is referred to the Committee on (ustice #C& @ouse of Representatives vote on the impeachment complaint
#"& @ouse of Representatives endorses the Articles of !mpeachment to the enate
Accordingly, since the new province consists of several islands, the area re8uirement need not be satisfied. @ow tenable is the position of the proponents #$%&
DD!!. DD!D. Congress enacted a law e3empting certain government institutions providing social services from the payment of court fees. Atty. ?ristopher Timoteo challenged the constitutionality of the said law on the ground that onl y the upreme Court has the power to fi3 and e3empt said entities from the payment of court fees. Congress, on the other hand, argues that the law is constitutional as it has the power to enact said law for it was through legislative fiat that the (udiciary "evelopment =und #("=& and the pecial Allowance for (udges and (ustices #A((&, the funding of which are sourced from the fees collected by the courts, were created. Thus, Congress further argues that if it can enact a law utili:ing court fees to fund the ("= and A((, a fortiori it can enact a law e3empting the payment of court fees. "iscuss the constitutionality of the said law, taing into account the arguments of both parties #$%& DD!!!. =rom an e3isting province, 0ideland, Congress created a new province, @undred !sles, consisting of several islands, with an aggregate area of 7;; s8uare ilometres. The law creating @undred !sles was duly approved in a plebiscite called for that purpose. (uan, a ta3payer and a resident of 0ideland, assailed the creation of @undred !sles claiming that it did not comply with the area re8uirement as set out in the 6ocal Government Code, i.e., an area of at least /,;;; s8uare ilometres. The proponents 'ustified the creation, however, pointing out that the Rules and Regulations !mplementing the 6ocal Government Code states that Lthe land area re8uirement shall not apply where the pr oposed province is composed of one #B& or more islands.L
Ambassador Gaylor is tate (uvenus’ diplomatic representative to tate @interlands. "uring one o f his vacations, Ambassador Gaylor decided to e3perience for himself the sights and sounds of tate Paradise, a country nown for its beauty and other attractions. 0hile in tate Paradise, Ambassador Gaylor was caught in the company of children under suspicious circumstances. @e was arrested for violation of the strict anti+ pedophilia statute of tate Paradise. @e claims that he is immune from arrest and incarceration by virtue of his diplomatic immunity. "oes the claim of Ambassador Gaylor hold water #$%& DDD. Congress passed a law, R.A. 4o. B7;;7, creating an administrative *oard principally tased with the supervision and regulation of legal education. The *oard was attached to the "epartment of 5ducation. !t was empowered, among others, to prescribe minimum standards for law admission and minimum 8ualifications of faculty members, the basic curricula for the course of study aligned to the re8uirements for admission to the *ar, law practice and social consciousness, as well as to establish a law practice internship as a re8uirement for taing the *ar which a law student shall undergo anytime during the law course, and to adopt a system of continuing legal education. Professor *oombastic, a long+time law practitioner and lecturer in several prestigious law schools, assails the constitutionality of the law arguingM that it encroached on the prerogatives of the upreme Court to promulgate rules relative to admission to the pra ctice of law, the !ntegrated *ar, and legal assistance to the underprivileged. !f you were Professor *oombastic’s understudy, how may you help him d evelop clear, concise and cogent arguments in support of his position based on the
