2013 SAMPLE BAR EXAMINATION QUESTIONS AND ANSWERS I
A bill, certified as urgent b y the President, is introduced in and approved by a simple majority of the Senate. It provides, among others, for the raising of funds to be reserved reserved for the use, by way of loan arrangements, of distressed public utility corporations so as to enable them to continue providing the public with their services and facilities. Said bill proposes th e imposition i mposition of enforced contributions from manufacturers of sin products, p roducts, such as cigarettes and liquor. It authorizes the Department Department of inance to promulgate rules for purposes of determining determining the entities to be subjected to said enforced contributions as well as the beneficiaries of the subject loan facilities in accordance with standards clearly specified out in the bill, provided that said determinations determinations shall be subject to the approval of the Senate!s "ommittee on inance. #he bill li$ewise authorizes the granting of e%emptions e%emptions from the the enforced contributions over and above those which may be granted by the Department of inance, provided that said e%emptions shall be approved by a majority of all the members of "ongress. Said bill, fully concurred in by the &ouse of 'epresentatives, is forwarded to the President for appropriate action. 1.
Would a presidential certification of a bill be subject to judicial review?
No, a presidential certification as to the urgency of a bill under Section 26 (2 of the !onstitution has generally been considered as a political "uestion. #Datu # Datu (ichael Abas )ida v. Senate of the Philippines, Philippines , $.%. No. 1&62'1, ctober 1), 2*11+ 2.
What effects, if any, would a presidential certification have on the legislative process?
Such a certification would do away with the re"uireents that a bill can be approved only after three readings on separate days and for the distribution of printed copies of said bill in its final for three days before its passage. ##olentino ##olentino v. Secretary of inance, inance , 2- S!%/ 6-*+ -.
0nder what circustances can this bill becoe a law?
0nder Section 2' (1 of /rticle of the !onstitution, a bill becoes a law when the 3resident approves and signs the sae4 when he vetoes it within thirty days fro presentent of the sae to hi, and his veto is overridden by two5thirds vote of the egislature4 or when the 3resident does not counicate his veto of the sae within thirty days fro his receipt of the sae. 7.
8iscuss the validity of this easure.
9he easure is unconstitutional because it originated fro the Senate, and not fro the :ouse of %epresentatives, as re"uired under Section 27 of the !onstitution, which specifies that all revenue or tariff easures, such as the bill subject of the proble, shall originate e;clusively fro the :ouse of %epresentatives. II
"ongressman (el (a$apal, a party*list representative, is serving his third term as a representative of the (andurugas Party. &e resigns and changes his party seven months before before the e%piration of his third term, and is now nominated by his new party for purposes of the n e%t party*list election. 1. What effect, if any, would his resignation fro the (andurugas Party have have on his tenure as a eber of the :ouse of %epresentatives?
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any elected party5list representative who changes his political party or sectoral affiliation during his ter of office shall forfeit his seat. 2. Would his noination by his new party be valid? No, his noination by his new party would be invalid because he has already served three ters, and shall therefore no longer be "ualified for a fourth consecutive ter #!onstitution, /rticle , Section'4 Abayon v. &'+# , $.%. No. 1)&766, @ebruary 11, 2*1*+ III
"ongressman (as (a$apal, an incumbent party*list representative representing the youth sector of a political party, upon turning thirty years of age during the last si% months of his term, changes his sectoral affiliation, but remains a member of the same political party, because of his anticipated disqualification to be nominated for re* election as his party!s youth sector representative for purposes of the ne%t election. ould he be qualified for nomination by his n ew sector:e cannot be a noinee because he changed his sectoral affiliation within the final si; onths of his ter, as a youth representative. 0nder Section 1 of %/ '&71, if a party5list representative changes his political party or sectoral affiliation within si; onths before an election, he shall not be eligible for noination as a party5 list representative under his new party or organiAation. # Amores v. &'+#, $.%. No. 1)&6**, Bune 2&, 2*1*+ IV
#he (uslim (indanao Autonomy Act authorizes the Autonomous 'egion of (uslim (indanao to create provinces, cities, municipalities and barangays. 1.
s the law valid?
9he law is unconstitutional to the e;tent that it authoriAes the creation of provinces and cities because the power to create the inherently involves the power to create legislative districts, which only !ongress possesses. t ay, however, be authoriAed by law to create unicipalities and barangays. #Sea v. !
A case is decided by the #hird Division of the Supreme "ourt by a */ vote. #he motion for reconsideration filed by the losing party is resolved by said Division with a vote of /*/. (ay said matter be referred to the "ourt +n 0anc for decisionNo, the otion ay not be referred to the !ourt +n 0anc because only cases, and not atters, not properly decided by a 8ivision ay be referred to and decided by the full !ourt. # ortich v. "orona, -12 S!%/ '1+
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VI
Dahlia Daldal was, before her appointment as a "ler$ of "ourt, an employee of the 0ureau of "ustoms. During her incumbency as a "ler$ of "ourt, administrative charges are instituted against her before the "ivil Service "ommission for acts done by her while she was still a 0ureau of "ustoms employee. (ay said "ommission properly ta$e cognizance of said administrative chargesNo, because it is only the Supree !ourt, pursuant to its e;clusive adinistrative supervision over all courts and judicial personnel, which ay oversee their copliance with all laws, rules and regulations, regardless of whether the offense was coitted before or after eployent in the Budiciary. # Ampong v. "ivil Service "ommission, $.%. No. 16'&16, /ugust 26, 2**)+ VII
Sammy Sugapa, who is on his third year as a "ommissioner of the "ivil Service "ommission, is appointed its "hairman, to replace (anny (andaraya, who is impeached during his si%th year in office. ould his appointment as such be constitutional- &ow long may he serve as "hairman of the "ommission:is appointent would be valid but he would have a reaining ter of only one year as the !oissionEs !hairan. #una v. "hairman, "ommission on Audit , $.%. No. 1&2'&1, /pril 27, 2*12+ VIII
(anny (andirigma, who loses in the election following his first term as mayor, later dislodges his opponent in a recall election. &e serves out the remainder of the latter!s term, and is thereafter elected to the same position for another term. ould he be qualified to run again for the same office after his last termFes, because his ter, after the recall election, is not to be considered as a full ter. 9he period prior to his recall ter, when his opponent held the office, constitutes an interruption in
Daniel Dilihensiya is appointed 1mbudsman in 2anuary /333, and resigns in 2uly /334. &ow long, or up to what year, may his successor serve, assuming he is appointed in December /334- :is successor shall serve until 8eceber 2*11, pursuant to the provisions of Section 11 of /rticle D of the !onstitution, which states that the budsan and his 8eputies shall serve for a ter of seven years. X
(amerto (aitimbudhi is a appointed as the Deputy 1mbudsman for 5uzon in /363. 1.
0ntil when ay he serve as such?
:e ay serve as the 8eputy budsan for uAon until 2*1'. 0nder Section 11 of /rticle D of the !onstitution, the budsan and his 8eputies shall serve for a ter of seven years. 2. /fter serving his ter as such, ay he be appointed as the 8eputy budsan for
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:e ay not be appointed as the 8eputy budsan for
/fter his ter as 8eputy budsan for uAon, ay he be appointed as the budsan?
t is subitted that he ay be appointed as the budsan. 9he situation would be analogous to the case of una v. "hairman, "ommission on Audit #$.%. No. 1&2'&1, /pril 27, 2*12+, where the Supree !ourt said that a prootional appointent, fro /ssociate !oissioner to !hairan, would not be covered by the constitutional ban on reappointent. n said case, the !ourt clarified that a >reappointent would be a oveent to one and the sae office. :ere, the prootional appointent would be a oveent to a different position, i.e., fro 8eputy budsan to budsan. /ccordingly, said appointent to the ffice of the budsan would be a new appointent, and not a reappointent barred under the !onstitution. 7.
A decision of the irst Division of the "ommission on +lections is appealed to its +n 0anc. #hree of its members inhibit themselves, leaving four, including the three members of its irst Division, to decide on said appeal. #he latter three affirm their decision on, and provide for the dismissal of the, appeal. #he fourth member dissents. Is the vote supportive of the dismissal of the appeal a dequateNo, the vote is not ade"uate. 9he Supree !ourt declared in (arcoleta v. "1(+5+" #$.%. No. 1)1-'', /pril 27, 2**&+ that the ajority vote re"uireent for decisions of the !oission on Clections pertains to the ajority of all the ebers of the !oission, and not only those who participated and too= part in the deliberations. Since only three of its ebers voted in favor of the disissal of the appeal, it cannot be said that said disissal had the support of the ajority of the !oission +n 0anc. XII
A law is passed on August 67, /36 granting emergency powers to the President. "ongress adjourns on (ay 67, /364, but is called to special session by the President on 2une 6, /364. Said special session ends on 2une 67, /364. "ongress meets again in session on 2uly /4, /364. #he President promulgates +%ecutive 1rders on August 6, /364, pursuant to his emergency powers granted to him by "ongress prior to its adjournment in (a y /364. 1n August 67, /364, "ongress passes a joint resolution withdrawing said emergency powers of the President. ould the President!s +%ecutive 1rders issued on August 6, /364 be valid- Fes, the C;ecutive rders issued by the 3resident on /ugust 1, 2*17 would be valid. :is eergency powers did not cease upon the adjournent of the special session of !ongress. 9hey e;pired when !ongress passed a joint resolution withdrawing the sae on /ugust 1, 2*17. :ad !ongress not passed said joint resolution, said powers would have terinated upon the adjournent of its regular session which coenced on Buly 27, 2*1-. #See /rticle , Section 2- (2 of the !onstitution and Araneta v. Dinglasan, 1*1 3hil. -6).+
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XIII
#he President e%tends an ad interim appointment in favor of (a% (a$apal. #hereafter, "ongress meets in special session for two wee$s. It convenes again in regular session three wee$s later. #he "ommission on Appointments convo$ed during said session fails to approve (a$apal!s appointment until the adjournment of said regular session. hen is his ad interm appointment to be considered as having e%pired
#he 9ational &ousing Authority ;9&A<, in the e%ercise of its governmental functions, ta$es over a parcel of land and converts it into a housing project. #he owner of said parcel of land sues for just compensation. #he 9&A moves to dismiss said action on the ground that it its ta$ing over of said property constitutes an act jure imperii and that it had not consented to be sued. 'ule on the motion to dismiss. 9he otion to disiss should be denied. 9he doctrine of state iunity cannot be successfully invo=ed to defeat a valid clai or copensation arising fro the ta=ing without just copensation and without the proper e;propriation proceedings being first filed as against the owner of the property. #(inisterio v. "ourt of irst Instance of "ebu, 7* S!%/ 7674 Air #ransportaton 1ffice v. 'amos, $.%. No. 1)6), @ebruary 2-, 2*11+ XV
A 'egional #rial "ourt grants a money claim against the =niversity of the Philippines and is poised to issue a writ of e%ecution against it. If you were counsel for the =niversity, what step, if any, can you ta$e to prevent the enforcement of the court!s judgment against your client would file a otion to suspend e;ecution and to refer the judgent to the !oission on /udit, which has e;clusive jurisdiction to decide on the allowance or disallowance of oney clais against the governent, including the 0niversity of the 3hilippines. #5oc$heed Detective and atchman Agency, Inc. v. =niversity of the Philippines, $.%. No. 1)&1), /pril 1), 2*12+ XVI
A flight attendant dismissed by an airline company because he had e%ceeded the allowable weight for its flight personnel challenges his termination on the basis of the equal protection clause. 'ule on the challenge. :is disissal is valid for being consistent with the copanyEs rules. 9he e"ual protection clause >erects no shield against private conduct, however discriinatory or wrongful. #>rasuegui v. Philippine Air 5ines, $.%. No. 16)*)1, ctober 1', 2**)+ XVII
(agulo (agmaneho is charged with two separate offenses, i.e., ?6@ 'ec$less Imprudence 'esulting in Slight Physical Injuries under Article 7 of the 'evised Penal "ode and ?/@ 'ec$less Imprudence 'esulting in &omicide and Damage to Property, arising from the same vehicular under Article 7 of the 'evised Penal "ode incident, also under Article 7 of the 'evised Penal "ode. &e pleads guilty to the first charge ;'ec$less Imprudence 'esulting in Slight Physical Injuries<, then moves to q uash the second information for ' ec$less Imprudence 'esulting in &omicide and Damage to Property on the ground of double jeopardy. 'ule on his (otion. 9he
a eans to coit other cries such that conviction or ac"uittal for such "uasi5offense bars a subse"uent prosecution for the sae "uasi5offense, regardless of its various resulting acts. #People v. Diaz, &7 3hil. '14 Ivler v. (odesto*San Pedro, $.%. No. 1'2'16, Noveber 1', 2*1*+ XVIII
#he (unicipality of (eycauayan enters into a contract with (aynilad for the latter to supply water to its residents for a period of /7 years. (eycauayan is thereafter converted or transformed into a "ity. #he new "ity 8overnment of (eycauayan passes an ordinance providing for its ta$e*over of all of (aynilad!s facilities and services in its territory. Discuss the validity of said ordinance. 9he ordinance is valid. t constitutes a lawful e;ercise by
Pedro Pusa$al is charged with and pleads Bnot guiltyC to homicide. After arraignment, the "ourt orders the amendment of the information for purposes of correcting the designation of the offense to murder, in view of the allegations in the information on the aggravating circumstance of Bdisregard of ran$.C Pedro moves to dismiss invo$ing his right to be informed of the nature and cause of the accusation against him and on the ground of double jeopardy. 'ule on the motion. 9he otion should be denied. 9he aendent is erely foral, and not substantial. /ccordingly, it does not place 3edro in double jeopardy. #Pacoy v. "ajigal , $.%. No. 1'7'2, Septeber 2), 2**'+
XX
hat and whose vote would be re"uired for the G
a.
approval of bills?
Siple ajority vote of each :ouse. b.
ratification of a proposed constitutional aendent ade through a peopleEs initiative?
declaration of the e;istence of a state of war?
9wo thirds of both :ouses, in joint session assebled, voting separately. d.
convening of a constitutional convention?
9wo5thirds vote of all the ebers of !ongress. e.
validity of a ta; e;eption?
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INDICATE THE LETTER CORRESPONDING TO THE WORD, PHRASE OR SENTENCE WHICH BEST COMPLETES THE STATEMENT, ANSWERS THE QUESTION OR APPLIES TO THE FACTS. I
9he /rchipelago 8octrine teaches that G /. straight lines are ade to connect appropriate points on the coast without departing radically fro its general direction, and all waters up to twelve iles fro the low water ar= of the coast shall for part of our territorial sea. H. the area up to 2** iles fro the low water ar= of our coast shall for part of our archipelagic waters. !. the outerost point of our terrestrial doain are to be connected with straight baselines and all waters enclosed thereby shall be considered as our territorial waters. 8. the outerost points of our terrestrial doain are to be connected with straight baselines and all waters enclosed thereby shall be considered as our internal waters. II
/ state ay e;ercise its jurisdiction – /. H. !. 8.
only within its territory. even in the open seas. only in its contiguous Aone. only over it e;clusive econoic Aone. III
9he so5called
Which of the following fundaenatal principles found in /rticle of the !onstitution have been considered as self5 e;ecuting? /. H. !. 8.
3olicy of public disclosure.
'
V
nternal self5deterination is tantaount to G /. freedo. H. autonoy. !. independence. 8. cooperation. VI
9he principle of jus postliminium refers to the 5 /. H. !. 8.
suspension of sovereignty during a belligerent occupation. suspension of acts of sovereignty during a belligerent occupation. restoration of the effectivity of political laws upon terination of a belligerent occupation. revival of legitiate governent upon the end of a belligerent occupation.
VII
9he coenceent of the ters of
be changed by law. be changed only by constitutional aendent. be changed even by initiative on aendent of the !onstitution. not be changed at all.
VIII
n the iddle of a capaign, the party forally withdraws the nae of its first noinee because of basic policy differences. /. Such withdrawal would be valid because a noination ay be changed or withdrawn at any tie prior to an election at the discretion of the noinating political party. H. Such withdrawal would be invalid because the noinee had neither died nor becoe incapacitated. !. Such withdrawal would be invalid because only a noinee ay forally withdraw his noination. 8. Such withdrawal would be valid because a party would be entitled not to retain a noinee who it feels no longer represents its interests. IX
/ law re"uiring candidates to be certified illegal*drug free can be ade applicable to a person see=ing election as a G /. H. !. 8.
Senator. !ongressan. 3arty5ist %epresentative. $overnor.
)
X
Which of the following would not be considered as aong the so5called paraeters in our party5list election syste? /. H !. 8.
9wenty percent of the entire ebership of the :ouse of %epresentatives shall be the a;iu nuber of seats available to party5list organiAation. 3arty5lists which garner at least two percent of the total votes casts shall have guaranteed seats. 9he additional seats, or the seats reaining after the allocation of the guaranteed seats, shall be distributed aong those organiAations that received at least two percent of the total votes cast. Cach party or organiAation shall have a a;iu of three party5list seats. XI
Which of the following stateents is correct? /. H. !. 8.
Cach city is a legislative district. /ll provinces need not have contiguous territory. t is not necessary to rec=on with the nuber of inhabitants for purposes of constituting a pr ovince into a legislative district. Cach additional legislative district re"uires 2*,*** inhabitants. XII
9he final version of a bill, as approved by the egislatureEs !onference !oittee, G /. H. !. 8.
ust undergo another >three readings in the Senate and the :ouse of %epresentatives. need not undergo another >three readings in the Senate and the :ouse of %epresentatives. ay be presented directly to the 3resident for his approval. would constitute a usurpation by said !oittee of the legislative power of !ongress. XIII
/ legislative veto is G /. H. !. 8.
constitutional. a conse"uence of the egislatureEs power of in"uiry. violative of the rule on presentment . consistent with the rule on presentment . XIV
/ proposed revision of the !onstitution is subject to ratification in a plebiscite to be held G /. H. !. 8.
not earlier than thirty days nor later than si;ty days after the approval of the sae. not earlier than forty5five days nor later than si;ty days after the approval of the sae. not earlier than forty5five days nor later than ninety days after the approval of the sae. not earlier than si;ty days nor later than ninety days after the approval of the sae.
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XV
Which of the following stateents is correct? /. H. !. 8.
9reaties and international agreeents are ratified by the Senate. 9reaties and international agreeents are ratified by the 3resident. 9reaties and international agreeents are concurred in by !ongress. 9reaties and international agreeents are ratified by !ongress. XVI
9he coenceent of the ter of the 3resident ay G /. H. !. 8.
be changed by law. not be changed by law. be changed only by constitutional aendent. not be changed at all. XVII
/ first5ter ice53resident succeeds the 3resident who dies in office during his second year in office. Said ice5 3resident ay G /. H. !. 8.
run for ice53resident after his ter as 3resident ends. thereafter run for 3resident. not run for ice53resident after his ter as 3resident ends. thereafter not be elected as 3resident or ice53resident after his ters as 3resident ends. XVIII
9he 3resident ay G /. H. !. 8.
a=e idnight appointents. absolutely not a=e idnight appointents. a=e idnight appointents, but only with respect to e;ecutive positions in the interest of national security. a=e idnight appointents, but only with respect to e;ecutive positions in ties of national eergency. XIX
Which of the following appointents would re"uire confiration by the !oission on /ppointents? /. H. !. 8.
fficers whose appointents are by law r e"uired to be confired by the !oission on /ppointents. fficers whose appointents are not otherwise provided for by law. fficers whose appointents are vested in the 3resident in the !onstitution. fficers who the 3resident ay be authoriAed by law to appoint.
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XX
8ual citiAens under %/ &22 are G /. natural5born citiAens. H. naturaliAed citiAens. !. citiAens of the 3hilippines by virtue of the jus soli principle. 8. citiAens of the 3hilippines by virtue of the jus sangunis principle.
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