Political Law Philippine Bar Examination

Political Law Q&As (2007-2013) hectorchristopher@yahoo.
com JayArhSals
A Compilation of the
Questions and Suggested Answers
In the
PHILIPPINE BAR EXAMINATIONS 2007-2013
In
POLITICAL LAW
Compiled and Arranged By:
Salise, Hector Christopher “Jay-Arh” Jr. M.
(University of San Jose-Recoletos School of Law)
ANSWERS TO BAR EXAMINATION QUESTIONS by the

UP LAW COMPLEX (2007, 2009, 2010)
&
PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 1 of 168
Political Law Q&As (2007-2013) [email protected] JayArhSals
FOREWORD
This work is a compilation of the ANSWERS TO BAR
EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
local law students and lawyers’ forum sites from 2011-2013
and not an original creation or formulation of the author.
The author was inspired by the work of Silliman University’s

College of Law and its students of producing a very good
material to everyone involved in the legal field particularly the
students and the reviewees for free. Hence, this work is a
freeware.
Everyone is free to distribute and mass produce copies of this

work, however, the author accepts no liability for the content of
this reviewer, or for the consequences of the usage, abuse, or
any actions taken by the user on the basis of the information
given.
The answers (views or opinions) presented in this reviewer are

solely those of the authors in the given references and do not
necessarily represent those of the author of this work.
The Author
Page 2 of 168
TABLE OF CONTENTS
(Titles are based on Silliman’s Compilation [Arranged by Topic])
ARTICLE I National Territory
Archipelagic Doctrine (2013)………………………………………………………………...................10
Archipelagic Doctrine (2009)……………………………………………………………………………….11
ARTICLE II Declaration of Principles and State Policies
Defense of State (2009)………………………………………………………………...........................11
State Immunity from Suit (2013)……………………………………………………….....................11
State Immunity from Suit (2013)…………………………………………….................................12
State Immunity from Suit (2009)………………………………………………………………………...14
ARTICLE III Bill of Rights
Custodial Investigation; Extrajudicial Confession (2013)…………………………………….…..14
Eminent Domain; Public Purpose (2008)……………………………………………………………....15
Eminent Domain; Socialized Housing (2009)…………………………………………..……………..16
Eminent Domain; Valid and Definite Offer (2010)…………………………………………………..18
Equal Protection; Responsible Parenthood (2007)…………………………………………………..18
Freedom of Religion; Benevolent Neutrality Test (2009)………………………………………….20
Freedom of Speech; Commercial Speech; Prohibitions (2007) …………………..……………..21
Freedom of Speech; Private Parties; Prior Restraint (2007) ………………………………….....22
Freedom of Speech; Symbolic Expression (2008) ………………………………………………......23
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Freedom of the Press; Prior Restraint (2009) …………………………………………………….....24
Hierarchy of Civil Liberties; Freedom of Religion; Search and Seizure (2012) ……..….....25
Liberty of Abode; Right to Travel (2012) ………………………………………………………….......26
Overbreadth Doctrine vs. Void for Vagueness (2012) ……………………………………….….....27
Overbreadth Doctrine vs. Void for Vagueness (2010) …………………………………………......28
Police Power; Abatement of Nuisance (2010) ……………………………………………………......29
Police Power; Prohibition of Gambling (2009) …………………………………………………….....29
Privacy of Communication (2009) ………………………………………………………………….......30
Right to Assembly; Permit (2007) …………………………………………………………………….....31
Right to Information; Matters of Public Concern (2009) …………………………….…….….....32
Rights of the Accused; Right to Bail (2009) ……………………………………………………….....34
Rights of the Accused; Right to Bail; Double Jeopardy (2008) ………………….……….….....35
Rights of the Accused; Right to Counsel (2012) ………………………………………….….….....36
Rights of the Accused; Right to Remain Silent (2013) ………………………………….….….....37
Rights of the Accused; Self-Incrimination (2010) ……………………………………………….....38
Right to Liberty; Presentability of Policemen (2008) …………………………………………......39
Search and Seizure; Warrantless Arrest (2009) …………………………………………………......40
Search and Seizure; Warrantless Arrest (2008) …………………………………………………......40
Search and Seizure; Warrantless Search (2010) ……………………………………………..…......41
ARTICLE IV Citizenship
Dual Citizenship vs. Dual Allegiance (2009) …………………………………………………..….....42
Natural Born (2009) ………………………………………………………………………………..……......42
ARTICLE VI Legislative Department

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Discipline; Members of Congress (2013) ……………………………………………………….………44
Doctrine of Operative Fact (2010) ………………………………………………………………..........45
Doctrine of Necessary Implication; Hold-over (2010) ………………………………………………45
Electoral Tribunal; SET; PET Jurisdiction (2012)………………………………..………………....46
Investigations in Aid of Legislation (2009) ………………………………………………….........…46
Investigations in Aid of Legislation; Executive Privilege (2010) ……………………………….48
Law-Making; Abolish; Destroy (2008) …………………………………………………………………...49
Law-Making; Admission to the Bar (2009) …………………………………………………………….49
Law-Making; Conflict of Interest (2010) ………………………………………………………..........50
Law-Making; Item vs. Pocket Veto (2010) ……………………………………………………………..51
Law-Making; Oversight Committee (2010) …………………………………………………...……….51
Party-list Representative; Formula allocation (2007) ……………………………………..………52
Party-List; Foreign Funding (2010) …………………………………………………………….………..53
ARTICLE VII Executive Department
Appointing Power; Acting Appointments (2013) ………………………………….…………………54
Appointing Power; Ad-Interim Appointments (2010) …………………………………….………..54
Control Power (2009) …………………………………………………………………………………………55
Control Power; Foreign Relations (2010) …………………………………………………….………..55
Declaration; State of National Emergency (2010) ………………………………………………..…56
Enter into Executive Agreement; Treaty Abrogation (2008) …………………………………….56
Enter into Treaty (2010) …………………………………………………………………………………….57
Pardoning Power: Executive Clemency (2008) …………………………………………………….…57
Privilege; Presidential Communications vs. Deliberative Process (2010) ……………………58
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ARTICLE VIII Judicial Department
Judicial Department; Judicial Service (2013) ……………………………………………………..…58
Judicial Department; Writ of Amparo (2013) …………………………………………………………59
Judicial Power; Legal Standing (2010)……………………………………………………………..……61
Judicial Power; Trial by Jury (2013)………….....………………………………………………………61
Judicial Power; Trial by Jury (2008) …………………………………………………….………………62
Presidential Electoral Tribunal; Judicial Power (2012) ……………………………………………63
Supervision; Courts and its Personnel; Ombudsman’s Jurisdiction (2012)…………….……64
ARTICLE IX Constitutional Commissions
Rotational Scheme (2010) ………………………………………………………………………………….64
ARTICLE IX Civil Service Commission
Appointment; Relatives (2008) ……………………………………………………………………………65
Appointment; Relatives (2010) ……………………………………………………………………………66
De Facto Officer (2010) ………………………………………………………………………………………66
De Facto Officer; Salary Entitlement (2009) ………………………………………………………….66
Discretionary Duty of a Public Officer (2010) ………………………………………………………..66
Oath or Affirmation (2007) …………………………………………………………………………………67
Security of Tenure (2010) …………………………………………………………………………………..67
ARTICLE IX COMELEC
Commission En Banc; Jurisdiction (2012) …………………………………………………………….67
Grant of Pardon to Election Offenses (2010) ……………………………………………………….…69
Election Laws
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Election Protest; Substitution; Quo Warranto (2009) ………………………………………………69
Pre-Proclamation Contest (2008) …………………………………………………………………………71
Three Term Limit; Contest; Substitution (2008) …………………………………………….………72
Vacancy: Succession; Recall (2010) ……………………………………………………………………..72
Vacancy: Sangguniang Panlalawigan (2008) ……………………………………………………..……73
ARTICLE X Local Government
Boundary Dispute Resolution; LGU; RTC (2010) ………………………………………………….…74
Confiscation of Driver’s License; MMDA (2010) …………………………………………………..…74
Internal Revenue Allotment Fund (2007) ……………………………………………………………..74
Municipal Corporation; De facto vs. Estoppel (2010) ………………………………………………75
Ordinance Validity; Disapproval (2009) ………………………………………………………………..75
Ordinance Validity; Regulation of Disco Pubs (2010) ………………………………………………76
Reclassification of Land (2010) ……………………………………………………………………………77
ARTICLE XI Accountability of Public Officers
Discipline; Preventive Suspension (2009) ……………………………………………………………..77
Impeachment; Grounds (2013) ……………………………………………………………………………78
Impeachment; Purpose; Grounds (2012) ……………………………………………………………….79
Ombudsman; Power to Impose Penalties (2009) …………………………………………………….80
ARTICLE XII National Economy and Patrimony
Acquisition of Lands (2009) ………………………………………………………………………………..81
ARTICLE XIV Education, Science, and Technology, Arts
Education; Academic Freedom (2013) ………………………………………………………………….81
Page 7 of 168
Education: Communication and Instruction (2007) ………………………………………………..83
Education; Teaching of Religion (2010) ………………………………………………………………..83
Education; Foreign Ownership (2009) …………………………………………………………………..84
Education: Scholarship Grants (2007) ………………………………………………………………….84
Education; Study of Religion (2008) ………………………………………………………………….…85
ARTICLE XVI General Provisions
National Anthem (2009) ……………………………………………………………………………………..86
ARTICLE XVII Amendments or Revisions
Amendments (2007) ………………………………………………………………………………………….86
Amendments; People’s Initiative (2009) ……………………………………………….………………87
PUBLIC INTERNATIONAL LAW
Basic Principles; Reparation (2007) ………………………………………………………………..……87
Concept of Association (2010) …………………………………………………………………………….89
Extradition: Double Criminality (2007) …………………………………………………………………90
Genocide (2010) ………………………………………………………………………………………………..91
Hard Law vs. Soft Law (2008) ………………………………………………………………………………92
Human Rights; Civil and Political Rights (2007) ………………………………….…………………93
Human Rights; Civil and Political Rights; Freedom from Torture (2010) ……………………94
Int’l Court of Justice vs. Int’l Criminal Court (2010) ………………………………………………95
International Law Violation; Treaty (2008) ……………………………………………………………96
Page 8 of 168
Opinio Juris (2012) ……………………………………………………………………………………………96
Opinio Juris (2008) ……………………………………………………………………………………………97
Principle of Attribution or Imputation (2010) ……………………………………………………..…97
Principle of Auto-Limitation (2009) ……………………………………………………………………..98
Retorsion (2010) ……………………………………………………………………………………………….99
Use of Force; Self-Defense (2009) ……………………………………………………………………..…99
Verbal Agreement; Source of Int’l Law (2012) ………………………………………………..……101
MULTIPLE CHOICE QUESTIONS
2013 Political Law Exam MCQ (October 6, 2013) ……………………………………………….…103
2012 Political Law Exam MCQ (October 7, 2012) ………………………………………………….112
2011 Political Law Exam MCQ (November 6, 2011) ………………………………………………140
Page 9 of 168
ARTICLE I National Territory United Nations Convention on the Law of

the Sea III. Whether the bodies of water
Archipelagic Doctrine (2013) lying landward of the baselines of the
Philippines are internal waters or
No.VI. Congress passed Republic Act No. archipelagic waters, the Philippines
7711 to comply with the United Nations retains jurisdiction over them (Magallona
Convention on the Law of the Sea. vs. Ermita, 655 SCRA 476).
In a petition filed with the Supreme Court, ALTERNATIVE ANSWER:

Anak Ti Ilocos, an association of Ilocano
professionals, argued that Republic Act No. No, the petition is not meritorious.
7711discarded the definition of the UNCLOS has nothing to do with the
Philippine territory under the Treaty of acquisition (or loss) of territory. It is a
Paris and in related treaties; excluded the multilateral treaty regulating, among
Kalayaan Islands and the Scarborough others, sea-use rights among maritime
Shoals from the Philippine Archipelagic zones and continental shelves that
baselines; and converted internal waters UNCLOS III delimits.
into archipelagic waters.
The court finds RA No. 7711
Is the petition meritorious? (6%) constitutional and is consistent with the
Philippines’ national interest. Aside from
SUGGESTED ANSWER:
being the vital step in safeguarding the
country’s maritime zones, the law also
No, the petition is not meritorious.
allows an internationally-recognized
UNCLOS has nothing to do with the
delimitation of the breadth of the
acquisition (or loss) of territory. It
Philippines’ maritime zones and
merely regulates sea-use rights over
continental shelf.
maritime zones, contiguous zones,
exclusive economic zones, and
The court also finds that the conversion
continental shelves which it delimits.
of internal waters to archipelagic waters
The Kalayaan Islands and the
will not risk the Philippines as affirmed
Scarborough Shoals are located at an
in the Article 49 of the UNCLOS III, an
appreciable distance from the nearest
archipelagic state has sovereign power
shoreline of the Philippine archipelago.
that extends to the waters enclosed by
A straight baseline loped around them
the archipelagic baselines, regardless of
from the nearest baseline will violate
their depth or distance from the coast. It
Article 47(3) and Article 47(2) of the
Page 10 of 168
is further stated that the regime of No.I.c. A law that makes military service for
archipelagic sea lanes passage will not women merely voluntary is constitutional
affect the status of its archipelagic SUGGESTED ANSWER:
waters or the exercise of sovereignty
FALSE. In the defense of the state, all
over waters and air space, bed and
citizens may be required by law to
subsoil and the resources therein (Prof.
render personal, military or civil service
Merlin Magallona, et al v. Hon. Eduardo
(Section 4, Article II of the Constitution).
Ermita, in his capacity as Executive
The duty is imposed on all citizens
Secretary, et al, G.R. No. 187167, 16
without distinction as to gender.
July 2011)
ALTERNATIVE ANSWER:
TRUE. The prime duty of the

Archipelagic Doctrine (2009)
Government is to serve and protect the
No.I. b. Under the archipelago doctrine, the people. The Government may call upon
waters around, between, and connecting the people to defend the State and, in
the islands of the archipelago form part of the fulfillment thereof, ALL CITIZENS
the territorial sea of the archipelagic state. may be required, under conditions
SUGGESTED ANSWER: provided by law, to render personal
military or civil service.
FALSE. Under Article I of the
Constitution, The waters around, What is mandatory is the calling out of
between and connecting the islands of the people to defend the state. But the
the archipelago form part of the citizens including woman may render
INTERNAL WATERS. Under Article 49 (1) personal or military service.
of the U.N. Convention on the U.N.
Convention on the Law of the Sea, these
waters do not form part of the territorial State Immunity from Suit (2013)
sea but are described as archipelagic
waters. No.X. The Ambassador of the Republic of
Kafiristan referred to you for handling, the
case of the Embassy's Maintenance
Agreement with CBM, a private domestic
ARTICLE II Declaration of
company engaged in maintenance work.
Principles and State Policies The Agreement binds CBM, for a defined
fee, to maintain the Embassy's elevators,
Defense of State (2009)
Page 11 of 168
air-conditioning units and electrical Maintenance Agreement was in pursuit

facilities. Section 10 of the Agreement of a sovereign activity (Republic of the
provides that the Agreement shall be Indonesia vs. Vinzon, 405 SCRA 126).
governed by Philippine laws and that any
legal action shall be brought before the ALTERNATIVE ANSWER:
proper court of Makati. Kafiristan

No, the embassy cannot invoke
terminated the Agreement because CBM
immunity from suit, because it has been
allegedly did not comply with their agreed
provided under Section 10 of their
maintenance standards.
charter of agreement that Kafiristan
CBM contested the termiination and filed a expressly waived its immunity from suit.
complaint against Kafiristan before the This is supported by the provision on
Regional Trial Court of Makati. The Section 3, Article XVI of the 1987
Ambassador wants you to file a motion to Constitution, which says that the State
dismiss on the ground of state immunity may not be sued without its consent.
from suit and to oppose the position that Since consent was expressly given from
under Section 10 of the Agreement, their charter of agreement, the embassy
Kafiristan expressly waives its immunity cannot invoke immunity from suit.
from suit.
State Immunity from Suit (2013)

Under these facts, can the Embassy
successfully invoke immunity from suit?
No.I. In the last quarter of 2012, about
(6%)
5,000 container vans of imported goods
intended for the Christmas Season were
SUGGESTED ANSWER:
seized by agents of the Bureau of Customs.
Yes, the Embassy can invoke immunity The imported goods were released only on
from suit. Section 10 of the Maintenance January 10,2013. A group of importers got
Agreement is not necessarily a waiver of together and filed an action for damages
sovereign immunity from suit. It was before the Regional Trial Court of Manila
meant to apply in case the Republic of against the Department of Finance and the
Kafiristan elects to sue in the local Bureau of Customs.
courts or waives its immunity by a

The Bureau of Customs raised the defense
subsequent act. The establishment of a
of immunity from suit and, alternatively,
diplomatic mission is a sovereign
that liability should lie with XYZ Corp.
function. This encompasses its
which the Bureau had contracted for the
maintenance and upkeep. The
Page 12 of 168
lease of ten (10) high powered van cranes Moreover, the Bureau of Customs is a
but delivered only five (5) of these cranes, part of the Department of Finance, with
thus causing the delay in its cargo-handling no personality of its own apart from that
operations. It appears that the Bureau, of the national government. Its primary
despite demand, did not pay XYZ Corp. the function is governmental, that of
Php 1.0 Million deposit and advance rental assessing and collecting lawful revenues
required under their contract. from imported articles and all other
tariff and customs duties, fees, charges,
(A) Will the action by the group of importers fines, and penalties (Sec. 602, RA 1937).
prosper? (5%) This clearly explains the reason why the
Department of Finance also enjoys
SUGGESTED ANSWER:
immunity from suit.
No, the action of the group of importers

(B) Can XYZ Corp. sue the Bureau of
will not prosper. The primary function of
Customs to collect rentals for the delivered
the Bureau of Customs is governmental,
cranes? (5'%)
that of assessing and collecting lawful
revenues from imported articles and all SUGGESTED ANSWER:
other tariff and customs duties, fees,
charges, fines and penalties (Mobil No, XYZ corporation cannot sue the
Philippines Exploration, Inc. vs. Customs Bureau of Customs to collect rentals for
Arrastre Service, 18 SCRA 120). the delivered cranes. The contract was a
necessary incident to the performance of
ALTERNATIVE ANSWER: its governmental function. To properly
collect the revenues and customs duties,
No. The action by the group of importers
the Bureau of Customs must check to
will not prosper because the Supreme
determine if the declaration of the
Court said that the Bureau of Customs,
importers tallies with the landed
being an unincorporated agency without
merchandise. The cranes are needed to
a separate judicial personality, enjoys
haul the landed merchandise to a
immunity from suit. It is invested with
suitable place for inspection (Mobil
an inherent power of sovereignty,
Philippines Exploration, Inc. vs. Customs
namely the power of taxation; it
Arrastre Service, 18 SCRA 120).
performs governmental functions
(Farolan v. Court of Tax Appeals, 217 ALTERNATIVE ANSWER:
SCRA 298).
Page 13 of 168
No, XYZ corporation cannot sue the sustained by a pedestrian who was hit by a
Bureau of Customs because it has no glass pane that fell from a dilapidated
personality separate from that of the window frame of the municipal hall. The
Republic of the Philippines (Mobil municipality files a motion to dismiss the
Philippines Exploration, Inc. vs. Customs complaint, invoking state immunity from
Arrastre Service, 18 SCRA 120). suit. Resolve the motion with reasons. (3%).
ALTERNATIVE ANSWER: SUGGESTED ANSWER:
State immunity as defense will not

No. Even in the exercise of proprietary
prosper because under the law, a
functions incidental to its primarily
municipal corporation can be sued and
governmental functions, an
be sued as expressly provided under the
unincorporated agency, in this case the
local government code. Furthermore,
Bureau of Customs, still cannot be sued
under the civil code, it can also be held
without its consent (Mobil Philippines
liable for damages for the death of, or
Exploration v. Customs Arrastre Service,
injury suffered by, any person by reason
18 SCRA 1120).
of the defective condition of roads,
ALTERNATIVE ANSWER: streets, bridges, public buildings and

other public works under their control or
Yes, XYZ Corporation may sue the supervision (art. 2189).
Bureau of Customs because the contract
In the present case, the municipal
is connected with a proprietary function,
building is under their control and
the operation of the arrastre service
supervision, thus, no immunity from
(Philippine Refining Company vs. Court
suit.
of Appeals, 256 SCRA 667). Besides, XYZ
Corporation leased its van cranes,
because the Bureau of Customs should
not be allowed to invoke state immunity ARTICLE III Bill of Rights
from suit (Republic vs. Unimex-Micro
Custodial Investigation; Extrajudicial
Electronics GmBH, 518 SCRA 19).
Confession (2013)
No.III. A robbery with homicide had taken

State Immunity from Suit (2009) place and Lito, Badong and Rollie were
invited for questioning based on the
No. IV. The Municipality of Pinatukdao is
sued for damages arising from injuries information furnished by a neighbor that he
Page 14 of 168
saw them come out of the victim's house at which include the maintenance of peace
about the time of the robbery/killing. The and order (People vs. Sunga, 399 SCRA
police confronted the three with this and 624).
other information they had gathered, and
pointedly accused them of committing the ALTERNATIVE ANSWER:
crime.
The judgment of conviction should be
Lito initially resisted, but eventually broke reversed. The police officers committed
down and admitted his participation in the an offense by confronting the three
crime. Elated by this break and desirous of accused. This is a violation to Section
securing a written confession soonest, the 12, Article III of the 1987 Constitution,
police called City Attorney Juan Buan to which states that any person under
serve as the trio's counsel and to advise investigation for the commission of an
them about their rights during the offense shall have the right to be
investigation. informed of his right to remain silent

and to have a competent and
Badong and Rollie, weakened in spirit by independent counsel preferably of his
Lito's early admission, likewise admitted own choice. If the person cannot afford
their participation. The trio thus signed a the services of counsel, he must be
joint extra-judicial confession which served provided with one. These rights cannot
as the main evidence against them at their be waived except in writing and in the
trial. They were convicted based on their presence of counsel.
confession.
ALTERNATIVE ANSWER:
Should the judgment of conviction be
affirmed or reversed on appeal? (5%) The Judgment of conviction should be
affirmed if the accused failed to object
SUGGESTED ANSWER: when their extrajudicial confession was
offered in evidence, which was rendered
The judgment of conviction should be it admissible (People vs. Samus, 389
reversed on appeal. It relied mainly on SCRA 93).
the extrajudicial confession of the
accused. The lawyer assisting them must
be independent. City Attorney Juan Eminent Domain; Public Purpose (2008)
Buan is not independent. As City

No. IV. Congress passed a law authorizing
Attorney, he provided legal support to
the National Housing Authority (NHA) to
the City Mayor in performing his duties,
Page 15 of 168
expropriate or acquire private property for vs. Secretary, G.R. No. L-10405, Dec. 29,
the redevelopment of slum areas, as well as 1960.) In this case, the main beneficiary
to lease or resell the property to private would be the private realty company.
developers to carry out the redevelopment The taking of private property and then
plan. Pursuant to the law, the NHA transferring it to private persons under
acquired all properties within a targeted the guise of public use is not within the
badly blighted area in San Nicolas, Manila power of eminent domain (Heirs of
except a well-maintained drug and Moreno vs. Mactan Airport, G.R. No.
convenience store that poses no blight or 156273, August 9, 2005).
health problem itself. Thereafter, NHA
initiated expropriation proceedings against
the store owner who protested that his Eminent Domain; Socialized Housing
property could not be taken because it is (2009)
not residential or slum housing. He also
No.XVII. Filipinas Computer Corporation
contended that his property is being
condemned for a private purpose, not a (FCC), a local manufacturer of computers
and computer parts, owns a sprawling
public one, noting the NHA’s sale of the
plant in a 5,000-square meter lot in Pasig
entire area except his property to a private
City. To remedy the city’s acute housing
party. If you were the judge, how would you
shortage, compounded by a burgeoning
decide the case? (6%).
population, the Sangguniang Panglungsod
SUGGESTED ANSWER: authorized the City Mayor to negotiate for
the purchase of the lot. The Sanggunian
The power of the NHA is a delegated
intends to subdivide the property into small
power of eminent domain, strictly
residential lots to be distributed at cost to
construed against its holder and limited
qualified city residents. But FCC refused to
to the public purpose of redevelopment
sell the lot. Hard pressed to find a suitable
of slum areas. The expropriation of a
property to house its homeless residents,
property already previously excluded for
the city filed a complaint for eminent
not posing a blight of health problem
domain against FCC.
lacks public purpose and exceeds the
delegated power of the NHA. (a) If FCC hires you as lawyer, what defense
or defenses would you set up in order to
ALTERNATIVE ANSWER:
resist the expropriation of the property?
The power of expropriation cannot be Explain.
used to benefit private parties (Pascual SUGGESTED ANSWER:
Page 16 of 168
The following are the defenses that I will The mode of expropriation is subject to
set up: 2 conditions:
a. No prior valid and definite offer a. It shall be resorted to only

was made when the other modes of
b. The expropriation is for socialized acquisition have been
housing therefore it must comply exhausted; and
with the order of preference of b. Parcels owned by small
the land to be acquired and the property owners are exempt
mode of acquisition. Under the from such acquisition. Small
law regarding expropriation for property owners are owners of
socialized housing, private lands residential lands with an area
is the last in line and the not more than 300 sq.m. in
expropriation proceeding is last highly urbanized cities and
resorted to if all other modes of not more than 800 sq.m. in
acquisition has already been other urban areas; and they do
exhausted. not own residential property
other than the same.
Order of expropriation for socialized (b) If the court grants the City’s prayer for
housing: expropriation, but the City delays payment
1. Government lands of the amount determined by the court as
2. Alienable lands of the public just compensation, can FCC recover the
domain property from pasig city?
3. Unregistered, abandoned or idle SUGGESTED ANSWER:
lands
Yes. As a general rule, non-payment of
4. Lands within the declared areas
just compensation does not entitle the
for priority development, zonal
landowner to recover possession of the
improvement program sites,
expropriated lots. Instead legal interest
slum improvement and
on just compensation should be paid
resettlement sites which have
(National Power Corporation vs.Henson,
not yet been acquired
300 SCRA 751 [1998]). However, in cases
5. BLISS sites which have not yet
where the government failed to pay the
been acquired
just compensation within 5 years from
6. Privately owned lands
the FINALITY OF THE JUDGMENT in the
expropriation proceedings, the owners
concerned shall have the right to recover
Page 17 of 168
possession of their property (Republic expropriation initiated by a local

vs. Lim, 462 SCRA 265 [2005]). government unit.
(c) Suppose the expropriation succeeds, but SUGGESTED ANSWER:

the city decides to abandon its plan to
TRUE. Under the Local Government
subdivide the property for residential
Code, there must be a prior valid and
purposes having found much bigger lot, can
definite offer before expropriation
FCC legally demand that it be allowed to
proceeding can be initiated (Section 19,
repurchase the property from the city of
Local Government Code).
Pasig? Why or why not?
SUGGESTED ANSWER:
It depends. The property owner’s right Equal Protection; Responsible

to repurchase the property depends Parenthood (2007)
upon the character of the title acquired
No.II. The City Mayor issues an Executive
by the expropriator, ie., if the land is
expropriated for a particular purpose Order declaring that the city promotes
responsible parenthood and upholds
with the condition that when that
natural family planning. He prohibits all
purpose is ended or abandoned, the
hospitals operated by the city from
property shall revert to the former
prescribing the use of artificial methods of
owner, then the former owner can re-
acquire the property (Heirs of Timoteo contraception, including condoms, pills,
intrauterine devices and surgical
Moreno vs. Mactan-Cebu International
sterilization. As a result, poor women in his
Airport Authority, 413 SCRA 502 [2003]).
city lost their access to affordable family
But if there is no such condition the planning programs. Private clinics,
owner cannot repurchase because the however, continue to render family
judgment in the expropriation case planning counsel and devices to paying
grants title to the lot in fee simple to the clients.
REPUBLIC.
(a) Is the Executive Order in any way
constitutionally infirm? Explain.
Eminent Domain; Valid and Definite
SUGGESTED ANSWER:
Offer (2010)
The Executive Order is constitutionally
No. XIII. a. A valid and definite offer to buy
infirm. Under the 1987 Constitution, the
a property is a pre-requisite to
State shall defend the right of spouses to
Page 18 of 168
establish a family in accordance with means to control their reproductive

their religious convictions and the processes. Moreover, since the national
demands of responsible parenthood. (Art. government has not outlawed the use of
XV, Sec. 3[1]). By upholding natural artificial methods of contraception, then
family planning and prohibiting city it would be against national policies. In
hospitals from prescribing artificial addition, the Mayor cannot issue
methods of contraception, the Mayor is such Executive Order without an
imposing his religious beliefs on spouses underlying ordinance. (Moday v, Court of
who rely on the services of city Appeals, G.R. No. 107916, February 20,
hospitals. This clearly violates the above 1997) Besides, the action of the Mayor
section of the Constitution. may be in violation of a person’s right to
privacy.
Moreover, the 1987 Constitution states ALTERNATIVE ANSWER:
that no person shall be denied the equal The executive order is constitutionally
protection of the laws. (Art. III, Sec. infirm. It violates Section 3(1), Article
1). The Constitution also provides that XV of the 1987 Constitution, which
the state shall promote a just and recognizes the right of the spouses to
dynamic social order that will ensure the found a family in accordance with the
prosperity and independence of the demands of responsible parenthood
nation and free the people from poverty which includes the artificial method.
through policies that provide ALTERNATIVE ANSWER:
adequate social services, promote full The Executive order is constitutionally
employment, a rising standard of infirm. When Section 12, Article II of the
living and an improved quality of life for 1987 Constitution provides that the
all. (Art. II, Section 9). The loss of access State shall equally protect the life of the
of poor city women to family planning mother and the life of the unborn from
programs is discriminatory and creates conception, it is prohibiting abortion
suspect classification. It also goes only and not the use of artificial
against the demands of social justice as contraceptives (Record of the
enshrined in the immediately preceding Constitutional Commission, Vol. IV.
provision. Pp.683, 711 and 760).
ALTERNATIVE ANSWER:
The Executive Order is constitutionally (c) May the Commission on Human Rights
infirm. It constitutes an invalid exercise order the Mayor to stop the implementation
of police power and violates substantive of the Executive Order? Explain.
due process by depriving people of the SUGGESTED ANSWER:
Page 19 of 168
No, the power of the Commission on judge this case, will you exonerate
Human Rights (CHR) is limited to fact- Angelina? Reasons. (3%)
finding investigations. Thus, it cannot
SUGGESTED ANSWER:
issue an “order to desist” against the
mayor, inasmuch as the order prescinds Yes. (Estrada vs Escritor, August, 4,
from an adjudicatory power that CHR 2003 and June 22, 2006) – Right to
does not possess. (Simon v. Commission freedom of religion must prevail.
on Human Rights, G.R. No. 100150, Benevolent neutrality recognizes that
January 5, 1994; Cariño v. Commission government must pursue its secular
on Human Rights, G.R. No. 96681, goals and interests, but at the same
December 2, 1991.) time, strive to uphold religious liberty to
the greatest extent possible within
flexible constitutional limits.
Freedom of Religion; Benevolent
Although the morality contemplated by
Neutrality Test (2009)
laws is secular, benevolent neutrality
No. XVI. (a) Angelina, a married woman, is could allow for accommodation of
a division chief in the Department of morality based on religion, provided it
Science and Technology. She had been does not offend compelling state
living with a married man, not her interest.
husband, for the last 15 years.
Administratively charged with immorality Benevolent neutrality approach requires
and conduct prejudicial to the best interest that the court make an individual
to the service, she admits her live-in determination and not dismiss the claim
arrangement, but maintains that this outright.
conjugal understanding is in conformity
(b) Meanwhile, Jenny, also a member of
with their religious beliefs. As members of
Yahweh’s Observers, was severely
the religious sect, Yahweh’s Observers, they
disappointed at the manner the Grand
had executed a Declaration of Pledging
Elder validated what she considered was on
Faithfulness which has been confirmed and
obviously immoral conjugal arrangement
blessed by their Council of Elders. At the
between Angelina and her partner. Jenny
formal investigation of the administrative
filed suit in court, seeking the removal of
case, the Grand Elder of the sect affirmed
the Grand Elder from the religious sect on
Angelina’s testimony and attested to the
the ground that his act in supporting
sincerity of Angelina and her partner in the
Angelina not only ruined the reputation of
profession of their faith. If you were to
Page 20 of 168
their religion, but also violated the exercising his freedom of speech and
constitutional policy upholding the sanctity freedom of expression guaranteed by the
of marriage and the solidarity of the family. Bill of Rights. Decide with reasons. (5%)
Will Jenny’s case prosper? Explain you
answer. SUGGESTED ANSWER:
SUGGESTED ANSWER:
Pedrong Pula should be acquitted. His
The case will not prosper. The freedom of speech should not be limited
expulsion/excommunication of members in the absence of a clear and present
of a religious institution/organization is danger of a substantive evil that the
a matter best left to the discretion of the state had the right to prevent. He
officials, and the laws and canons, of pretended to hurl a rock but did not
said institution/organization. (Taruc v. actually throw it. He did not commit any
Bishop dela Cruz, et al. Mar. 10, 2005). act of lawless violence. (David vs.
Macapagal-Arroyo, 489 SCRA 160).
(b) What is "commercial speech"? Is it

Freedom of Speech; Commercial Speech;
entitled to constitutional protection? What
Prohibitions (2007)
must be shown in order for government to
No.IX. In a protest rally' along Padre Faura curtail "commercial speech"? Explain. (3%)
Street, Manila, Pedrong Pula took up the
SUGGESTED ANSWER:
stage and began shouting "kayong mga
kurakot kayo! Magsi-resign na kayo! Kung
Commercial speech is communication
hindi, manggugulo kami dito!" ("you corrupt
which involves only the commercial
officials, you better resign now, or else we
interest of the speaker and the audience,
will cause trouble here!") Simultaneously,
such as advertisements. (Black’s Law
he brought out a rock the size of a· fist and
dictionary, 9th ed., p.1529.)
pretended to hurl it at the flagpole area of a
government building. He did not actually Commercial speech is entitled to
throw the rock. constitutional protection. (Ayer
Productions Pty. Ltd. vs. Capulong, 160
(a) Police officers who were monitoring the
SCRA 861.)
situation immediately approached Pedrong
Pula and arrested him. He was prosecuted Commercial speech may be required to
for seditious speech and was convicted. On be submitted to a government agency for
appeal, Pedrong Pula argued he was merely review to protect public interests by
Page 21 of 168
preventing false or deceptive claims. campaign. Can Destilleria Felipe Segundo

(Pharmaceutical and Health Care claim that its constitutional rights are thus
Association of the Philippines vs. Duque, infringed?
535 SCRA 265.) SUGGESTED ANSWER:
Destilleria Felipe Segundo cannot claim
(c) What are the two (2) basic prohibitions that its constitutional rights were
of the freedom of speech and of the press infringed. In this case, a private
clause? Explain. (2%) association formed by advertising
companies for self regulation was the
SUGGESTED ANSWER:
one who ordered that the advertisement
be pulled out, because Destilleria did not
The two basic prohibitions on freedom of
comply with the association’s ethical
speech and freedom of the press are
guidelines. The guarantee of freedom of
prior restraint and subsequent
speech is a limitation on state action
punishment (Chavez vs. Gonzales, 545
and not on the action of private parties
SCRA 441.)
(Lloyd Corporation vs. Tanner, 407 U.S.
551 [1972]). The mass media are private
enterprises, and their refusal to accept
Freedom of Speech; Private Parties; Prior
any advertisement does not violate
Restraint (2007)
freedom of speech (Times-Picayune
The Destilleria Felipe Segundo is famous for Publishing Company vs. United States,
its 15-year old rum, which it has produced 345 U.S. 594 [1953]; Columbia
and marketed successfully for the past 70 Broadcasting System, Inc. vs. Democrat
years. Its latest commercial advertisement Control Committee, 412 U.S. 94 [1973])
uses the line: "Nakatikim ka na ba ng kinse ALTERNATIVE ANSWER:
anyos?" Very soon, activist groups No, Destillera Felipe Segundo may not
promoting women's and children's rights claim that its constitutional rights,
were up in arms against the advertisement. particularly freedom of expression, have
been infringed. The constitutional
(a) All advertising companies in the guarantee of freedom of speech is a
Philippines have formed an association, the guarantee only against abridgment by
Philippine Advertising Council, and have the government and does not apply to
agreed to abide by all the ethical guidelines private parties. (People v. Marti, G.R. No.
and decisions by the Council. In response 81561, January 18, 1991). Moreover,
to the protests, the Council orders the pull- Destilleria freely joined the Philippine
out of the "kinse anyos" advertising Advertising Council and is therefore
Page 22 of 168
bound by the ethical guidelines and the guarantee of freedom of speech.

decisions of that council. Freedom of speech extends to
ALTERNATIVE ANSWER: commercial establishments (Metromedia,
No. Constitutional rights can be validly Inc. vs. San Diego, 453 U.S. 490 [1981]).
restricted to promote good morals. The mere fact that an advertisement is
Moreover, what is being exercised is offensive cannot justify its suppression
commercial expression which does not (Carey vs. Population Services
enjoy the same extent of freedom as International, 431 U.S. 678 [1977]). The
political or artistic speech. (Central blocking of advertising funds is a threat
Hudson Gas & Electric v. PSC, 447 U.S. intended to prevent the exercise of
557 [1980]). The order for the withdrawal freedom of speech of Destilleria Felipe
comes not from the State but from a Segundo through the fear of
private group of advertisers which is not consequences. Sucha threat qualifies as
within the coverage of the Bill of Rights. prior restraint (Rosden, The Law of
Advertising, Vol. I, pp.5-13).
(b) One of the militant groups, the Amazing ALTERNATIVE ANSWER:
Amazonas, call on all government-owned They may comply with such call as these
and controlled corporations (GOCC) to entities may institute certain measures
boycott any newspaper, radio or TV station to promote a socially desirable end,
that carries the "kinse anyos" namely, the prevention of the
advertisements. They call on all government exploitation and abuse of women,
nominees in sequestered corporations to especially those who are not yet of age.
block any advertising funds allocated for ALTERNATIVE ANSWER:
any such newspaper, radio or TV station. The GOCCs and sequestered
Can the GOCCs and sequestered corporations may not be compelled to
corporations validly comply? boycott or block advertising funds for
SUGGESTED ANSWER: media companies carrying the said
The government owned and controlled advertisements. These companies may
corporations and the government have existing contracts with the media
nominees in sequestered corporations companies concerned and non-
cannot block any advertising funds compliance may result in breach that
allocated for any newspaper, radio or will open them to possible suits.
television station which carries the
advertisements of Destilleria Felipe
Freedom of Speech; Symbolic Expression
Segundo. Since they are government
(2008)
entities and officers, they are bound by
Page 23 of 168
No.XVI. Nationwide protests have erupted and freedom from subsequent liability.
over rising gas prices, including disruptive There are three tests to determine
demonstrations in many universities, whether or not there was valid
throughout the country. The Metro Manila government interference: (1) dangerous
State University, a public university, tendency rule; (2) balancing of interest
adopted a university-wide circular test; and (3) clear and present danger
prohibiting public mass demonstrations test. In the Philippine jurisdiction, we
and rallies within the campus. Offended by adhere to the clear and present danger
the circular, militant students spread word test (ABS-CBN Broadcasting Corp. vs.
that on the following Friday, all students Comelec, G.R. No. 133486, Jan. 28,
were to wear black T-shirts as a symbol of 2000). This test simply means that there
their protest both against high gas prices is clear and present danger of a
and the university ban on demonstrations. substantive evil which the State has the
The effort was only moderately successful, right to prevent.
with around 30% of the students heeding
Applying the clear and present danger
the call. Nonetheless, university officials
test, the protest conducted by the
were outraged and compelled the student
students was only moderately successful
leaders to explain why they should not be
and the wearing of black shirts was
expelled for violating the circular against
neither tumultuous nor disruptive. Thus,
demonstrations.
the substantive evil which the school
The student leaders approached you for authorities were trying to suppress did
legal advice. They contended that they not even occur. Therefore, the
should not be expelled since they did not prohibition imposed by the circular
violate the circular, their protest action violates freedom from prior restraint
being neither a demonstration nor a rally while the threat of expulsion by the
since all they did was wear black T-shirts. school authorities violates freedom from
What would you advise the students? (6%) subsequent liability.
SUGGESTED ANSWER:
The wearing of black shirts is an exercise Freedom of the Press; Prior Restraint
of freedom of expression and not (2009)
necessarily freedom of assembly.
No.XV. The KKK Television Network (KKK-
Regardless of the distinction, in both
TV) aired the documentary, "Case Law: How
cases, the Constitutional guaranty
the Supreme Court Decides," without
includes freedom from prior restraint
Page 24 of 168
obtaining the necessary permit required by prior restraint has against it a heavy
P.D. 1986. Consequently, the Movie and presumption against its validity. Prior
Television Review and Classification Board restraint is an abridgment of the
(MTRCB) suspended the airing of KKK-TV freedom of expression. There is no
programs. MTRCB declared that under P.D. showing that the airing of the programs
1986, it has the power of prior review over would constitute a clear and present
all television programs, except "newsreels" danger (New York Times vs. United
and programs "by the Government", and States, 403 U.S. 713 [1971]).
the subject documentary does not fall
(b) While Memorandum Circular No. 98-17
under either of these two classes. The
was issued and published in a newspaper
suspension order was ostensibly based on
of general circulation, a copy thereof was
Memorandum Circular No. 98-17 which
never filed with the Office of the National
grants MTRCB the authority to issue such
Register of the University of the Philippines
an order.
Law Center. (2%)
KKK-TV filed a certiorari petition in court,
SUGGESTED ANSWER:
raising the following issues:
In accordance with Chapter 2, Book VII
(a) The act of MTRCB constitutes "prior
of the Administrative Code of 1987,
restraint" and violates the constitutionally
Memorandum Circular No. 98-17 must be
guaranteed freedom of expression; (3%)
filled with the University of the
SUGGESTED ANSWER: Philippines Law Center. It cannot be
enforced until it has been filed with the
The contention of KKK-TV is not
University of the Philippines Law Center
tenable. The prior restraint is a valid
(Pilipinas Shell Petroleum Corporation vs
exercise of police power. Television is a
Commissioner of Internal Revenue, 541
medium which reaches even the eyes
SCRA 316 [2007]).
and ears of children (Iglesia ni Cristo vs.
Court of Appeals, 259 SCRA 529 [1996]).
ALTERNATIVE ANSWER: Hierarchy of Civil Liberties; Freedom of

Religion; Search and Seizure (2012)
The memo circular is unconstitutional.
The act of the Movie and Television No.X. (a).What do you understand by the
Review and Classification Board term "hierarchy of civil liberties"? Explain.
Constitutes prior restraint and violates (5%)
freedom of expression. Any system of
Page 25 of 168
SUGGESTED ANSWER: religion. (Everson vs. Board of

Education, 330 U.S. 1.)
The hierarchy of civil liberties means
that freedom of expression and the (c) When can evidence "in plain view" be
rights of peaceful assembly are superior seized without need of a search warrant?
to property rights. (Philippine Blooming Explain. (2%)
Mills Employees Organization vs.
Philippine Blooming Mills Company, SUGGESTED ANSWER:
Inc., 51 SCRA 189.)

Evidence in plain view can be seized
(b) Distinguish fully between the "free without need of search warrant if the
exercise of religion clause" and the "non- following elements are present:
establishment of religion clause". (3%)

(1) There was a prior valid intrusion
SUGGESTED ANSWER: based on the valid warrantless arrest in

which the police were legally present
The freedom of exercise of religion pursuant of their duties;
entails the right to believe, which is
absolute, and the right to act on one’s (2) The evidence was inadvertently
belief, which is subject to regulation. As discovered by the police who had the
a rule, the freedom of exercise of religion right to be where they were;
can be restricted only if there is a clear

(3) The evidence must be immediately
and present danger of a substantive evil
apparent; and
which the state has the right to prevent.
(Iglesia Ni Cristo vs. Court of Appeals,
(4) Plain view justified seizure of the
259 SCRA 529.)
evidence without further search. (Del
Rosario vs. People, 358 SCRA 372.)
The non-establishment clause
implements the principle of separation
of church and state. The state cannot set
up a church, pass laws that aid one Liberty of Abode; Right to Travel (2012)
religion, and all religions, prefer one
religion over another, force or influence No. I. Mr. Violet was convicted by the RTC
a person to go to or remain away from of Estafa. On appeal, he filed with the Court
church against his will, or force him to of Appeals a Motion to Fix Bail for
profess a belief or disbelief in any Provisional Liberty Pending Appeal. The

Court of Appeals granted the motion and
Page 26 of 168
set a bail amount in the sum of Five (5) SUGGESTED ANSWER

Million Pesos, subject to the conditions that
he secure "a certification/guaranty from the The liberty of abode and the right to
Mayor of the place of his residence that he travel are not absolute. The liberty of
is a resident of the area and that he will abode and changing it can be imposed
remain to be a resident therein until final within the limits prescribed by law upon
judgment is rendered or in case he lawful order of the court. The right to
transfers residence, it must be with prior travel may be unpaired in the interest of
notice to the court". Further, he was national security, public safety, or public
ordered to surrender his passport to the health as may be provided by law.
Division Clerk of Court for safekeeping until (Section 6, Article III of the
the court orders its return. Constitution.) in addition, the court has
the inherent power to restrict the right
(a) Mr. Violet challenges the conditions of an accused who has pending criminal
imposed by the Court of Appeals as case to travel abroad to maintain its
violative of his liberty of abode and right to jurisdiction over him. (Santiago vs.
travel. Decide with reasons. (5%) Vasquez, 217 SCRA 633.)
SUGGESTED ANSWER
Overbreadth Doctrine vs. Void for

The right to change abode and the right
Vagueness (2012)
to travel are not absolute. The liberty of
changing abode may be unpaired upon
No. VIII. (a) What is the doctrine of
order of the court. The order of the
"overbreath"? In what context can it be
Court of Appeals is lawful, because
correctly applied? Not correctly applied?
purpose is to ensure that the accused
Explain (5%)
will be available whenever his presence
is required. He is not being prevented SUGGESTED ANSWER:
from changing its abode. He is merely
being required to inform the Court of A statute is overbroad when a
Appeals if he does. (Yap vs. Court of governmental purpose to control or
Appeals, 358 SCRA 564.) prevent activities constitutionally
subject to state regulations is sought to
(b) Are "liberty of abode" and "the right to be achieved by means which sweep
travel" absolute rights? Explain. What are unnecessarily broadly and invade the
the respective exception/s to each right if area of protected freedom. It applies
any? (5%)
Page 27 of 168
both to free speech cases and penal Overbreadth Doctrine vs. Void for
statutes. However, a facial challenge on Vagueness (2010)
the ground of overbreadth can only be
No. XXIV. Compare and contrast
made in free speech cases because of its
“Overbreadth” doctrine from void-for
chilling effect upon protected speech. A
vagueness doctrine.
facial challenge on the ground of
overbreadth is not applicable to penal SUGGESTED ANSWER:
statutes, because in general they have
While the overbreadth doctrine decrees
an in terrorem effect. (Southern
Hemisphere Engagement Network, Inc. that a governmental purpose may not be
achieved by means in a statute which
vs. Anti-Terrorism Council, 632 SCRA
sweep unnecessary broadly and thereby
146.) (NOTE: The word “overbreath”
should read “overbreadth” because invades the area of protected freedom a
statute is void for vagueness when it
breath has no limit especially if it is bad
forbids or requires the doing of an act in
breath.)
terms so vague that men of common
(b) What is the doctrine of "void for intelligence cannot necessarily guess at
vagueness"? In what context can it be its meaning and differ as to its
correctly applied? Not correctly applied? application. (Estrada vs. Sandiganbayan,
Explain (5%) 369 vs. SCRA 394 [2001]).
ALTERNATIVE ANSWER:
SUGGESTED ANSWER
Overbreadth and Void for Vagueness

A statute is vague when it lacks
doctrine is used as test for the validity
comprehensible standards that men of
on their faces (FACIAL CHALLENGE)
common intelligence that guess at its
statutes in free speech cases (freedom of
meaning and differ as to its application.
speech). It is not applicable in criminal
It applies to both free speech cases and
cases.
penal statutes. However, a facial
challenge on the ground of vagueness Overbreadth doctrine decrees that
can be made only in free speech cases. It governmental purpose may not be
does not apply to penal statutes. achieved by means which sweeps
(Southern Hemisphere Engagement unnecessarily broadly and thereby
Network, Inc. vs. Anti-Terrorism Council, invade the area of protected freedoms.
632 SCRA 146.)
“Void for vagueness doctrine" which
holds that "a law is facially invalid if
Page 28 of 168
men of common intelligence must Properties Corporation, 506 SCRA 625

necessarily guess at its meaning and [2006]).
differ as to its application, violates the
ALTERNATIVE ANSWER:
first essential of due process of law.
Petition will not prosper. The obnoxious
odor emitted from the processing plant
Police Power; Abatement of Nuisance is a nuisance per se which can be
(2010) summarily abated by the city
government. Even if we consider it a
No. XIV. ABC operates an industrial waste
nuisance per accidens, the cease and
processing plant within Laoag City.
desist order to stop the operations of the
Occasionally, whenever fluid substances
plant is still valid because there had
are released through a nearby creek,
been compliance with due process, that
obnoxious odor is emitted causing dizziness
is, the opportunity to be heard has been
among residents in Barangay La Paz. On
given.
complaint of the Punong Barangay, the City
Mayor wrote ABC demanding that it abate
the nuisance. This was ignored. An
Police Power; Prohibition of Gambling
invitation to attend a hearing called by the
(2009)
Sangguniang Panlungsod was also declined
by the president of ABC. The city To address the pervasive problem of
government thereupon issued a cease and gambling, Congress is considering the
desist order to stop the operations of plant, following options: (1) prohibit all forms of
prompting ABC to file a petition for gambling; (2) allow gambling only on
injunction before the RTC, arguing that the Sundays; (3) allow gambling only in
city government did not have any power to government-owned casinos; and (4) remove
abate the alleged nuisance. Decide with all prohibition against gambling but impose
reasons.(3%) a tax equivalent to 30% on all winnings.
SUGGESTED ANSWER: (a) If Congress chooses the first option and

passes the corresponding law absolutely
The city government has no power to
prohibiting all forms of gambling, can the
stop the operations of the plant. Since
law be validly attacked on the ground that
its operations is not a nuisance per se,
it is an invalid exercise of police power?
the city government cannot abate it
Explain your answer (2%)
extrajudicially. A suit must be filed in
SUGGESTED ANSWER:
court. (AC Enterprises, Inc. vs. Frabelle
Page 29 of 168
Yes. although the Congress has the A tax of 30% on winnings from gambling
plenary power to enact law and interfere does not violate due process as to the
with the personal liberty and property in reasonableness of the rate of the tax
order to promote the general welfare, the imposed. Taxes on non-useful
exercise of police power is subject to 2 enterprises may be increased to restrain
test: 1. Lawful subject – refers to the the number of persons who might
interest of the General Public requiring otherwise engage in it (Ermita-Malate
the interference of the State and 2. Hotel and Motel Operatos Association,
Lawful means – refers to the reasonable Inc. vs. City Mayor of Manila, 20 SCRA
means employed necessary for the 849 [1967]). Taxes may be imposed for
accomplishment of its objective and not the attainment of the objective of police
duly oppressive upon individuals. power (Lutz vs. Araneta, 98 Phil. 148
[1955]).
Basis of the exercise of police power:
(1) Sic utere tuo et alienum non laedas –

Privacy of Communication (2009)
use your property so that you do not
injure that of another No.VI. In criminal prosecution for murder,
the prosecution presented, as witness, an
(2) Salus populi est suprema lex – the employee of the Manila Hotel who produced
welfare of the people is the highest law in court a videotape recording showing the
heated exchange between the accused and
(b) If Congress chooses the last option and the victim that took place at the lobby of
passes the corresponding law imposing a the hotel barely 30 minutes before the
30% tax on all winnings and prizes won killing. The accused objects to the
from gambling, would the law comply with admission of the videotape recording on the
the constitutional limitations on the ground that it was taken without his
exercise of the power of taxation? Explain knowledge or consent, in violation of his
you answer (2%) right to privacy and the Anti-Wire Tapping
SUGGESTED ANSWER: law. Resolve the objection with reasons.
(3%).
NO. Because the lawful means is not
reasonably necessary for the SUGGESTED ANSWER:
accomplishment of its objective. It adds
The objection should be overruled. What
more burden upon individuals.
the law prohibits is the overhearing,
ALTERNATIVE ANSWER: intercepting, and recording of private
Page 30 of 168
communication. Since the exchange of Yes, the authorities are given the power
heated words was not private, its to stop marchers who do not possess a
videotape recording is not prohibited permit. However, mere exercise of the
(Navarro vs. Court of Appeals, 313 SCRA right to peaceably assemble is not
153 [1999]). considered as a danger to public safety.
They could have been asked to disperse
ALTERNATIVE ANSWER:
peacefully, but it should not altogether
The heated conversation at the lobby of be characterized as posing a danger to

the hotel is not privilege and is not public safety. (Bayan v. Ermita, G.R. No.
protected under the right to privacy and 169848, April 25, 2006; David v. Arroyo,
anti-wire tapping law. Heated G.R. No. 171390, May 3, 2006).

conversation is not privilege because it ALTERNATIVE ANSWER:
was uttered in a public place and it has Since the protesters merely reached
to be revealed in open court to help in three meters beyond the boundary of

the prosecution of the case. Quezon City, the police authorities in
Manila should not have stopped them, as
there was no clear and present danger to
Right to Assembly; Permit (2007) public order. In accordance with the

policy of maximum tolerance, the police
No.VII. Batas Pambansa 880, the Public authorities should have asked the
Assembly Law of 1985, regulates the protesters to disperse and if they
conduct of all protest rallies in the refused, the public assembly may be
Philippines. dispersed peacefully.
ALTERNATIVE ANSWER:
(a) Salakay, Bayan! held a protest rally and No, this is not a valid exercise of police
planned to march from Quezon City to power. Police power has been defined as
Luneta in Manila. They received a permit the power of promoting public welfare by
from the Mayor of Quezon City, but not restraining and regulating the use of
from the Mayor of Manila. They were able to liberty and property. (City of Manila v.
march in Quezon City and up to the Laguio, G.R. No. 118127, April 12, 2005).
boundary separating it from the City of It is principally the Legislature that
Manila. Three meters after crossing the exercises the power but it may be
boundary, the Manila Police stopped them delegated to the President and
for posing a danger to public safety. Was administrative agencies. Local
this a valid exercise of police power? government units exercise the power
SUGGESTED ANSWER: under the general welfare clause. In this
Page 31 of 168
case, if Salakay applied for a permit from vehicles so as not to inconvenience

the city government, the application other uses of the Expressway.
must be approved or denied within two ALTERNATIVE ANSWER:
(2) working days from the date it was Yes. While the protesters possess the
filed, failing which, the permit shall be right to freely express themselves, their
deemed granted. (Section 16, B.P. Blg. actuations may pose a safety risk to
880). Even without a permit, the law other motorists and therefore be the
does not provide for outright stopping of subject of regulation. The security police
the march if the demonstrators, for may undertake measures to prevent any
example, were marching peacefully hazard to other motorists but not
without impeding traffic. altogether prevent the exercise of the
right. So, to that extent, while the
(b) The security police of the Southern protesters maybe asked to remove the
Luzon Expressway spotted a caravan of 20 banners which pose hazard to other
vehicles, with paper banners taped on their motorists and prevent them from using
sides and protesting graft and corruption in the expressway as a venue for their
government. They were driving at 50 march, the security force may not
kilometers per hour in a 40-90 kilometers prevent them from proceeding to where
per hour zone. Some banners had been they might want to go.
blown off by the wind, and posed a hazard ALTERNATIVE ANSWER:
to other motorists. They were stopped by In accordance with the policy of
the security police. The protesters then maximum tolerance, the security policy
proceeded to march instead, sandwiched should not have stopped the protesters.
between the caravan vehicles. They were They should have simply asked the
also stopped by the security force. May the protesters to take adequate steps to
security police validly stop the vehicles and prevent their banners from being blown
the marchers? off, such as rolling them up while they
SUGGESTED ANSWER: were in the expressway and required the
Yes, the security police may stop the protesters to board their vehicles and
vehicles and the marchers but only to proceed on their way.
advise the leaders to secure their
banners so that it will not pose a hazard
Right to Information; Matters of Public
to others. They may not be prevented
Concern (2009)
from heading to their destination. The
marchers may also be ordered to ride the No. XIV. The Philippine Government is
negotiating a new security treaty with the
Page 32 of 168
United States which could involve public scrutiny. The interest protected
engagement in joint military operations of being the national security and integrity
the two countries’ armed forces. A loose of the State on how can it be trusted in
organization of Filipinos, the Kabataan at terms of diplomatic secrets.
Matatandang Makabansa (KMM) wrote the
(b) Will your answer be the same if the
Department of Foreign Affairs (DFA) and the
information sought by KMM pertains to
Department of National Defense (DND)
contracts entered into by the Government
demanding disclosure of the details of the
in its proprietary or commercial capacity?
negotiations, as well as copies of the
Why or why not? (3%)
minutes of the meetings. The DFA and the
SUGGESTED ANSWER:
DND refused, contending that premature
disclosure of the offers and counter-offers KKM is entitled to have access to
between the parties could jeopardize on- information pertaining to government
going negotiations with another country. contracts entered into by the
KMM filed suit to compel disclosure of the Government in the exercise of its
negotiation details, and be granted access proprietary commercial capacity. The
to the records of the meetings, invoking the right to information under the
constitutional right of the people to Constitution does not exclude contracts
information on matters of public concern. of public interest and are not privileged
(Section 7, Article III of the
(a) Decide with reasons. (3%)
Constitution; Valmonte vs. Belmonte,
SUGGESTED ANSWER:
170 SCRA 256 [1989]).
The petition of KMM must be denied.
ALTERNATIVE ANSWER:
Diplomatic negotiations are privileged in
order to encourage a frank exchange of If what is sought is the final contract
exploratory ideas between the parties by itself then the information must be open
shielding the negotiations from public to the public for transparency and for
view (Akbayan Citizens Action Party vs. awareness and information. But if what
Aquino, 558 SCRA 468 [2008]). were sought were the negotiations or
communications in arriving at the final
ALTENATIVE ANSWER:
contract, the information sought
The information sought to be disclose by remains privileged. An interest need to
the parties is a diplomatic negotiation be protected.
between States and is considered
privileged. it cannot be subjected to
Page 33 of 168
Rights of the Accused; Right to Bail William was not denied with his Miranda
(2009) rights. True that he has the right to
counsel preferably of his choice. But if
No.XII. William, a private American Citizen,
he cannot afford the services of a
a university graduate and frequent visitor
counsel, he should be provided with one.
to the Philippines, was inside the US
embassy when he got into a heated Moreover, the Miranda rights are
argument with a private Filipino citizen. available only during custodial
Then, in front of many shocked witnesses, investigation that is, from the moment
he killed the person he was arguing with. the investigating officer begins to ask
The police came, and brought him to the questions for the purpose of eliciting
nearest police station. Upon reaching the admissions, confessions or any
station, the police investigator, in halting information from the accused. therefore,
English, informed William of his Miranda it is proper that he was only informed of
rights, and assigned him an independent his right at the police station.
local counsel. William refused the services
ALTENATIVE ANSWER:
of the lawyer, and insisted that he be
assisted by a Filipino lawyer currently The fact that the police officer gave him
based in the US. The request was denied, the Miranda warning in halting English
and the counsel assigned by the police does not detract from its validity. Under
stayed for the duration of the investigation. Section 2(b) of Republic Act No. 7438, it
is sufficient that the language used was
William protested his arrest.
known to and understood by him.
(b) He also claimed that his Miranda Rights William need not be given the Miranda
were violated because he was not given the warning before the investigation started.
lawyer of his choice; that being an William was not denied his Miranda
American, he should have been informed of rights. It is not practical to require the
his rights in proper English; and that he police officer to provide a lawyer of his
should have been informed of his rights as own choice from the United States
soon as he was taken into custody, not (Gamboa vs. Cruz, 162 SCAR 642,
when he was already at the police station. [1998]).
Was William denied his Miranda rights?
(c) If William applies for bail, claiming that
Why or why not?
he is entitled thereto under the
SUGGESTED ANSWER:
international standard of justice and that
he comes from a US State that has
Page 34 of 168
outlawed capital punishment, should

William be granted bail as a matter of right? In the present case, JC is charged with
Reasons. murder which has a penalty of reclusion
SUGGESTED ANSWER: perpetua, hence he cannot be allowed
bail. However, should the evidence of
William is not entitled to bail as a matter
guilt be found weak after hearing, the
of right. His contention is not tenable.
court may in its discretion, fix bail for
Observing the territorial jurisdiction of
temporary liberty.
commission of the offense, the
applicable law in the case is Philippine
(b) Assume that upon being arraigned, JC
laws not the law of the country to where
entered a plea of guilty and was allowed to
he is a national (Section 13, Art. III of
present evidence to prove mitigating
the Constitution). Under our law, bail is
circumstances. JC then testified to the
not a matter of right if the felony or
effect that he stabled the deceased in self-
offense committed has an imposable
defense because the latter was strangling
penalty of reclusion perpetua or higher
him and that he voluntarily surrendered to
and the evidence of guilt is strong.
the authorities. Subsequently, the trial
court rendered a decision acquittal violate
JC’s right against double jeopardy? Why or
Rights of the Accused; Right to Bail;
why not? (3%)
Double Jeopardy (2008) SUGGESTED ANSWER:
No. VII. JC, a major in the Armed Forces of

By presenting evidence of self-defense,
the Philippine, is facing prosecution before
JC effectively withdrew his plea of guilty
the Regional Trial Court of Quezon City for
(Peo vs. Balisacan, G.R. No. L-26376,
the murder of his neighbor whom he
Aug. 31, 1966). In the absence of a valid
suspected to have molested his (JC’s) 15
plea, an essential element for
year-old daughter.
jurisdiction of the Court and first
(a) Is JC entitled to bail? Why or why not? jeopardy was absent. Consequently, the
(3%) court had no jurisdiction to acquit JC.
SUGGESTED ANSWER: Thus, an appeal by the prosecution

would not violate the rule against second
As a general rule, bail is not a matter of jeopardy.
right when the offense charged carries ALTERNATIVE ANSWER:
with an imposable penalty of reclusion
perpetua or higher. Double jeopardy sets in when the first
jeopardy has attached. There is already
Page 35 of 168
first jeopardy when the accused has questions were to be asked from the
validly entered his plea before the vendors.
appropriate court having jurisdiction
over the subject matter and his person (a) Brown, afraid of a "set up" against him,
and that he has been convicted or demanded that he be allowed to secure his
acquitted or that the case against him lawyer and for him to be present during the
has been terminated without his express police line-up. Is Brown entitled to counsel?
consent. Explain (5%)
SUGGESTED ANSWER
In the present case, JC validly entered
his plea of guilty but during the
Brown is not entitled to counsel during
presentation of evidence he submits
the police line-up. He was not yet being
evidence of self-defense. the
asked to answer for a criminal offense.
consequence thereof is for the court to
(Gamboa vs. Cruz, 162 SCRA 642.)
withdraw the plea of guilty and enter a
plea of not guilty. The validity of (b) Would the answer in (a.) be the same if
entering his plea is not affected. Brown was specifically invited by White
because an eyewitness to the crime
Therefore, his acquittal shall bar any identified him as the perpetrator? Explain.
similar indictment that may be filed (3%)
against him because of double jeopardy.
SUGGESTED ANSWER
Rights of the Accused; Right to Counsel Brown would be entitled to the
(2012) assistance of a lawyer. He was already

considered as a suspect and was
No. III. Mr. Brown, a cigarette vendor, was therefore entitled to the rights under
invited by PO1 White to a nearby police custodial investigation. (People vs.
station. Upon arriving at the police station, Legaspi, 331 SCRA 95.)
Brown was asked to stand side-by-side with
five (5) other cigarette vendors in a police (c) Briefly enumerate the so-called "Miranda
line-up. PO1 White informed them that they Rights". (2%)
were looking for a certain cigarette vendor

SUGGESTED ANSWER
who snatched the purse of a passer-by and
the line-up was to allow the victim to point
The Miranda warning means that a
at the vendor who snatched her purse. No
person in custody who will be
Page 36 of 168
interrogated must be informed of the Arnold did not contest the guard's
following: statement; he steadfastly remained silent
and refused to give any written statement.
(a) He has the right to remain silent; Later in court, the guard testified and
narrated the statements he gave the police
(b) Anything said can be used as
over Arnold's counsel's objections. While
evidenced against him;
Arnold presented his own witnesses to
prove that his possession and apprehension
(c) He has the right to have counsel
had been set-up, he himself did not testify.
during the investigation; and
The court convicted Arnold, relying largely

(d) He must be informed that if he is
on his admission of the charge by silence at
indigent, a lawyer will be appointed to
the police investigation and during trial.
represent him. (Miranda vs. Arizona, 384
U.S. 436.)
From the constitutional law perspective,
was the court correct in its ruling? (6%)
Rights of the Accused; Right to Remain SUGGESTED ANSWER:
Silent (2013)
The court was wrong in relying on the
No.VII. As he was entering a bar, Arnold - silence of Arnold during the police
who was holding an unlit cigarette in his investigation and during the trial. Under
right hand -was handed a match box by Article III, Section 12 of the 1987
someone standing near the doorway. Arnold Constitution, he had the right to remain
unthinkingly opened the matchbox to light silent. His silence cannot be taken as a
his cigarette and as he did so, a sprinkle of tacit admission, otherwise, his right to
dried leaves fell out, which the guard remain silent would be rendered
noticed. The guard immediately frisked nugatory. Considering that his right
Arnold, grabbed the matchbox, and sniffed against self-incrimination protects his
its contents. After confirming that the right to remain silent, he cannot be
matchbox contained marijuana, he penalized for exercising it (People vs.
immediately arrested Arnold and called in Galvez, 519 SCRA 521).
the police.
ALTERNATIVE ANSWER:
At the police station, the guard narrated to No, the court has erred in its ruling of
the police that he personally caught Arnold convicting Arnold relying solely on his
in possession of dried marijuana leaves.
Page 37 of 168
admission of the charge by silence at the allegedly seen being held for three days and
police investigation and during trial. tortured before he finally disappeared. The
CHR lawyers requested one Lt. Valdez for a
The duty of the lawyer includes ensuring photocopy of the master plan of Camp
that the suspect under custodial Aquino and to confirm in writing that he
investigation is aware that the right of had custody of the master plan. Lt. Valdez
an accused to remain silent may be objected on the ground that it may violate
invoked at any time (People v. Sayaboc, his right against self-incrimination. Decide
G.R. No. 147201, January 15, 2004). with reasons. (4%).
ALTERNATIVE ANSWER: SUGGESTED ANSWER:
The court correctly convicted Arnold. The objection of Lt. Valdez is not valid.
There is no showing that the evidence The right against self-incrimination
for the prosecution was insufficient. refers to testimonial evidence and does
When Arnold remained silent, he run the not apply to the production of a
risk of an inference of guilt from non- photocopy of the master plan of Camp
production of evidence in his behalf Aquino, because it is a public record. He
(People vs. Solis, 128 SCRA 217). cannot object to the request for him to
confirm his custody of the master plan,
because he is the public officer who had
Rights of the Accused; Self- custody of it. (Almonte vs. Vasquez, 244
Incrimination (2010) SCRA 286 [1995]).
No. X. A, the wife of an alleged victim of ALTERNATIVE ANSWER:
enforced disappearance, applied for the

The objection is without merit. Right
issuance of a writ of amparo before a
against self-incrimination is not violated
Regional Trial Court in Tarlac. Upon motion
because the right is simply against
of A, the court issued inspection and
testimonial compulsion. But the
production orders addressed to the AFP
prohibition also extends to the
chief of Staff to allow entry at Camp Aquino
compulsion for the production of
and permit the copying of relevant
documents, papers and chattels that
documents, including the list of detainees,
may be used as evidence against the
if any. Accompanied by court-designated
witness, except where the State has a
Commission on Human Rights (CHR)
right to inspect the same such as in this
lawyers, A took photographs of a suspected
case.
isolation cell where her husband was
Page 38 of 168
Pursuant to the production order issued policemen could be justified so long as

by the court, there can be compulsion there was a rational connection between
for the production of documents sought the regulation and the promotional
in the order. safety of persons and property. The
requisite connection was present since
the government had a legitimate interest
Right to Liberty; Presentability of in policemen’s appearances so that they
Policemen (2008) would: (1) be readily recognizable to the

public and (2) feel a sense of “esprit de
No. VI. The Philippine National Police (PNP) corps” that comes from being similar.
issued a circular to all its members directed
at the style and length of male police ALTERNATIVE ANSWER:
officers’ hair, sideburns and moustaches,

The circular is a valid exercise of police
as well as the size of their waistlines. It
power. The rule-making power is vested
prohibits beards, goatees, and waistlines
in congress however, it can be delegated
over 38 inches, except for medical reason.
to administrative agencies pursuant to a
Some police officers questioned the validity
valid delegation requiring the
of the circular, claiming that it violated
concurrence of the following:
their right to liberty under the Constitution.
Resolve the controversy. 6% 1. Made pursuant of law
2. Issued within the scope and
SUGGESTED ANSWER:
purview of the law
Although the National Police is civilian 3. Promulgated in accordance with
in character, it partakes of some of the the prescribed procedure
characteristics of military life, thus 4. it must be reasonable
permitting the imposition of reasonable It is the policy of the state to secure
measures for discipline, uniformity in peace and order through the PNP.
behavior and presentableness. The Therefore, it is reasonable to require
circular does not go beyond what is them to be physically fit in order to
reasonable and therefore passes the test secure peace and order in the
of due process (Gudani vs. Senga, G.R. community. This is to boost the
No. 170165, Aug. 15, 2006). confidence of the public that they are
not lazy and they are doing their job
In Kelly vs. Johnson, 425 US 238 (1976), with dedication.
the US Supreme Court said that the
regulations of personal appearance of
Page 39 of 168
Search and Seizure; Warrantless Arrest ALTERNATIVE ANSWER:

(2009)
The warrantless arrest of the accused
No. VII. Crack agents of the Manila Police was void. There was no overt act or
Anti-Narcotics unit were on surveillance of suspicious circumstances that would
a cemetery where the sale and use of indicate that he was committing a
prohibited drugs were rumored to be crime. The search preceded his arrest
rampant. The team saw a man with reddish (People vs. Tudtud, 412 SCRA 142
and glassy eyes walking unsteadily towards [2003]).
them, but he immediately veered away
(b) Objected to the admission in evidence of
upon seeing the policemen. The team
the prohibited drug, claiming that it was
approached the man, introduced
obtained in an illegal search and seizure.
themselves as peace officers, then asked
(2%)
what he had in his clenched fist. Because
the man refused to answer, a policeman
SUGGESTED ANSWER:
pried the fist open and saw a plastic sachet
with crystalline substance. The team then The objection should be denied. The
took the man into custody and submitted evidence is admissible because the
the contents of the sachet to forensic search and seizure was made incidental
examination. The Crystalline substance in to a lawful warrantless arrest (Manalili
the sachet turned out to be shabu. The vs. Court of Appeals, 280 SCRA 400
man was accordingly charged in court. [1997]).
During the trial, the accused: (Decide with

reasons)
Search and Seizure; Warrantless Arrest
(2008)
(a) Challenged the validity of his arrest;
(2%) No. V. Having received tips the accused was
SUGGESTED ANSWER: selling narcotics, two police officers forced
open the door of his room. Finding him
The arrest is valid. The law enforcer has
sitting party dressed on the side of the bed,
sufficient reason to accost the accused
the officers spied two capsules on a night
because of his suspicious actuations,
stand beside the bed. When asked, “Are
coupled with the fact that based on
reliable information the area was a these yours?”, the accused seized the
capsules and put them in his mouth. A
haven for drug addicts. (Manalili vs.
struggle ensued, in the course of which the
Court of Appeals, 280 SCRA 400 [1997]).
Page 40 of 168
officer pounced on the accused, took him to action because the police had no
a hospital where at their direction, a doctor personal knowledge that any crime
forced an emetic solution though a tube was taking place.
into the accused’s stomach against his will. 2. Due to the invalid entry whatever
This process induced vomiting. In the evidence the police gathered would
vomited matter were found two capsules be inadmissible.
which proved to contain heroin. In the 3. The arrest of the accused was
criminal case, the chief evidence against the already invalid and causing him to
accused was the two capsules. vomit while under custody was an
unreasonable invasion of personal
(a) As counsel for the accused, what
privacy (U.S. vs. Montoya, 473 US
constitutional rights will you invoke in his
531 [1985])
defense? (4%)
SUGGESTED ANSWER:
Search and Seizure; Warrantless Search
As counsel for the accused I would
(2010)
invoke the constitutional right to be
secured against unreasonable searches No. XII. A witnessed two hooded men with
and seizures (Art. III, Sec. 2 of the baseball bats enter the house of their next
Constitution) which guarantees: (1) door neighbor B. after a few seconds, he
sanctity of the home, (2) inadmissibility heard B shouting, “Huwag Pilo babayaran
of the capsules seized, (3) and kita agad.” Then A saw the two hooded men
inviolability of the person. A mere tip hitting B until the latter fell lifeless. The
from a reliable source is not sufficient to assailants escaped using a yellow
justify warrantless arrest or search (Peo motorcycle with a fireball sticker on it
vs. Nuevas, G.R. No. 170233 Feb. toward the direction of an exclusive village
22,2007). nearby. A reported the incident to PO1
Nuval. The following day, PO1 Nuval saw
(b) How should the court decide the case? the motorcycle parked in the garage of a
(3%) house at Sta. Ines Street inside the
SUGGESTED ANSWER: exclusive village. He inquired with the
caretaker as to who owned the motorcycle.
The court should declare the search and
The caretaker named the brothers Pilo and
seizure illegal:
Ramon Maradona who were then outside
the country. PO1 Nuval insisted on getting
1. The entry into the accused’s home
inside the garage. Out of fear, the caretaker
was not a permissible warrantless
allowed him. PO1 Nuval took 2 ski masks
Page 41 of 168
and 2 bats beside the motorcycle. Was the No.XI.e. Dual citizenship is not the same as
search valid? What about the seizure? dual allegiance
Decide with reasons. (4%) SUGGESTED ANSWER:
SUGGESTED ANSWER: TRUE. An individual may have 2 or more

citizenship but owe allegiance to one
The warrantless search and seizure was
State. Taking for example RA no. 9225
not valid. It was not made as an incident
providing for retention of Philippine
to a lawful warrantless arrest. (People vs.
citizenship among natural born Filipino
Baula, 344 SCRA 663 [2000]). The
citizens.
caretaker had no authority to waive the
right of the brothers Pilo and Ramon Dual citizenship arises when, as a result
Maradona to waive their right against of the concurrent application of the
unreasonable search and seizure. (People different laws of two or more states, a
vs. Damaso, 212 SCRA 547 [1992].) the person is simultaneously considered a
warrantless seizure of the ski masks and national by those states and is
bats cannot be justified under the plain involuntary.
view doctrine, because they were seized
Dual allegiance refers to the situation in
after invalid intrusion in to the house.
which a person simultaneously owes by
(People vs. Bolasa, 321 SCRA 459
some positive and voluntary act, loyalty
[1999]).
to two or more states (Mercado vs.
ALTERNATIVE ANSWER: Manzano, 307 SCRA 630 [1999]).
No. the search and the seizure are

invalid because there was no search
Natural Born (2009)
warrant and it cannot be said to be a
search incidental to a lawful arrest. It is No.IX. Warlito, a natural-born Filipino, took
the right of all individual to be secured up permanent residence in the United
against unreasonable searches and States, and eventually acquired American
seizure by the government. citizenship. He then married shirley, an
American, and sired three children. In
August 2009, Warlito decided to visit the
ARTICLE IV Citizenship Philippines with his wife and children:

Johnny, 23 years of age; Warlito Jr., 20;
Dual Citizenship vs. Dual Allegiance and Luisa 17.
(2009)
Page 42 of 168
While in the Philippines, a friend informed Naturalization Law, because of her

him that he could reacquire Philippine Marriage to Warlito, she should be
citizenship without necessarily losing US deemed to have become a Filipino
nationality. Thus, he took the oath of Citizen. She must allege and prove that
allegiance required under RA no. 9225. she possesses none of the
disqualifications to become a naturalized
(a) Having reacquired Philippine citizenship,
Filipino citizen (Burca vs. Republic, 51
is Warlito a natural born or naturalized
SCRA 248 [1973]).
Filipino Citizen today? Explain your answer
(3%). ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
NO. Shirly will not become a Filipino
NATURAL BORN. Reacquisition of Citizen because only Warlito’s unmarried
Philippine Citizenship under RA no. children whether legitimate, illegitimate
9225 will restore him back of his former or adopted, below 18 years of age shall
status as a natural-born citizen (Bengzon be entitled to derivative Philippine
vs. House of Representatives Electoral citizenship.
Tribunal, 357 SCRA 545 [2001]; R.A.
Shirly may acquire Philippine
2630).
citizenship in the most speedy
(b) With Warlito having regained Philippine procedure through JUDICIAL
Citizenship, will shirly also become a NATURALIZATION under CA no. 473, as
Filipino Citizen? If so, why? If not, what amended.
would be the most speedy procedure for
(c) Do the Children - - - Johnny, Warlito Jr.
shirly to acquire Philippine citizenship?
and Luisa - - - become Filipino citizens with
Explain.
their father’s reacquisition of Philippine
SUGGESTED ANSWER:
citizenship? Explain your answer. (3%)
Shirley will not become a Filipino SUGGESTED ANSWER:
citizen, because under RA 9225,
Only LUISA shall acquire Philippine
Warlito’s reacquisition of Philippine
Citizenship upon the reacquisition of her
citizenship did not extend its benefits to
father’s Filipino citizenship under RA
Shirley. She should instead file with the
no. 9225. The unmarried children,
Bureau of Immigration a petition for
whether legitimate, illegitimate or
cancellation of her alien certificate of
adopted, below 18 years of age shall be
registration on the ground that in
entitled to derivative Philippine
accordance with Section 15 of the
citizenship.
Page 43 of 168
in cases before labor tribunals and before

employers because of the influence a
ARTICLE VI Legislative congressman can wield, filed a disbarment
Department case against the Congressman before the

Supreme Court for his violation of the Code
Discipline; Members of Congress (2013) of Professional Responsibility and for
breach of trust, in relation particularly with
No. XII. In the May 2013 elections, the the prohibitions on legislators under the
Allied Workers' Group of the Philippines Constitution.
(AWGP), representing land-based and sea-
based workers in the Philippines and Is the cited ground for disbarment
overseas, won in the party list meritorious? (6%)
congressional elections. Atty. Abling, a
labor lawyer, is its nominee. SUGGESTED ANSWER:
As part of the party's advocacy and Being a congressman, Atty. Abling is
services, Congressman Abling engages in disqualified under Article VI, Section 14

labor counseling, particularly for local of the 1987 Constitution from personally
workers with claims against their employers appearing as counsel before quasi-
and for those who need representation in judicial and other administrative bodies
collective bargaining negotiations with handling labor cases constitutes
employers. When labor cases arise, AWGP personal appearance before them (Puyat
enters its appearance in representation of vs. De Guzman, 135 SCRA 33). His
the workers and the Congressman makes it involvement in collective bargaining

a point to be there to accompany the negotiations also involves practice of
workers, although a retained counsel also law, because he is making use of his
formally enters his appearance and is knowledge for the benefit of others
invariably there. Congressman Abling (Cayetano vs. Monsod, 201 SCRA 210).
largely takes a passive role in the The Bureau of Labor Relations is
proceedings although he occasionally involved in collective bargaining
speaks to supplement the retained negotiations (Article 250 of the Labor
counsel's statements. It is otherwise in CBA Code).
negotiations where he actively participates.

Atty. Abling should not be disbarred but
Management lawyers, feeling that a should be merely suspended from the
congressman should not actively participate practice of law. Suspension is the
appropriate penalty for involvement in
Page 44 of 168
the unlawful practice of law (Tapay vs. The general rule is that an
Bancolo, 694 SCAR 1). unconstitutional law is void. It produces
no rights, imposes no duties and affords
ALTERNATIVE ANSWER: no protection. However, the doctrine of
operative fact is an exception to the
No, Congressman Abling cannot be
general rule and it only applies as a
disbarred. A retained counsel formally
matter of equity and fair play.
appears for AWGP. His role is largely
passive and cannot be considered as Under the doctrine of operative fact, the
personal appearance. His participation in unconstitutional law remains
the collective bargaining negotiations unconstitutional, but the effects of the
does not entail personal appearance unconstitutional law, prior to its judicial
before an administrative body (Article VI, declaration of nullity, may be left
Section 13 of the 1987 Constitution). undisturbed as a matter of equity and
fair play.
ALTERNATIVE ANSWER:
It can never be invoked to validate as
No, the ground for disbarment is not constitutional an unconstitutional act.
meritorious. The Supreme Court said
that the determination of the acts which
constitute disorderly behavior is within Doctrine of Necessary Implication; Hold-
the discretionary authority of the House over (2010)
concerned, and the Court will not review
No.XX. Define/Explain
such determination, the same being a
political question (Osmeña v. Pendatun, (d) Doctrine of necessary implication
109 Phil 863). SUGGESTED ANSWER:
DOCTRINE OF NECESSARY
Doctrine of Operative Fact (2010) IMPLICATION
No. XX. Define/Explain provides that every statute is

understood, by implication, to contain
(a) Doctrine of operative facts
all such provisions as may be necessary
SUGGESTED ANSWER: to effectuate its object and purpose, or
to make effective rights, powers,
DOCTRINE OF OPERATIVE FACTS –
privileges or jurisdiction which it grants,
including all such collateral and
Page 45 of 168
subsidiary consequences as may be fairly SUGGESTED ANSWER

and logically inferred from its terms. Ex
necessitate legis. (Pepsi-Cola Products The Supreme Court has no jurisdiction
Philippines, Inc. v. Secretary of Labor, over the petition. The Presidential
312 SCRA 104, 117 [1999]). Electoral Tribunal is not simply an

agency to which the Members of the
(e) Principle of holdover Senate Court were assigned. It is not
SUGGESTED ANSWER: separate from the Supreme Court.
(Macalintal vs. Presidential Electoral
PRINCIPLE OF HOLDOVER
Tribunal, 631 SCRA 239.)
provides that an incumbent officer or
official may remain in office and (b) Would the answer in (a.) be the same if
continue performing his functions Yellow and Orange were contending for a
beyond his tenure or term until his senatorial slot and it was the Senate
successor has been elected and qualified. Electoral Tribunal (SET) who issued the
challenged ruling? (3%)
SUGGESTED ANSWER
Electoral Tribunal; SET; PET
Jurisdiction (2012)
The Supreme Court would have
jurisdiction if it were the Senate
No. IV. Mr. Yellow and Mr. Orange were the
Electoral Tribunal who issued the
leading candidates in the vice-presidential
challenged ruling. The Supreme Court
elections. After elections, Yellow emerged as
can review its decision if it acted with
the winner by a slim margin of 100,000
grave abuse of discretion. (Lerias vs.
votes. Undaunted, Orange filed a protest
House of Representatives Electoral
with the Presidential Electoral Tribunal
Tribunal, 202 SCRA 808.)
(PET). After due consideration of the facts
and the issues, the PET ruled that Orange
was the real winner of the elections and
ordered his immediate proclamation. Investigations in Aid of Legislation
(2009)
(a) Aggrieved, Yellow filed with the Supreme
No. VIII. Congressman Nonoy delivered a
Court a Petition for Certiorari challenging
privilege speech charging the
the decision of the PET alleging grave abuse
Intercontinental Universal Bank (IUB) with
of discretion. Does the Supreme Court have
the sale of unregistered foreign securities,
jurisdiction? Explain. (3%)
in violation of RA no. 8799. He then filed,
Page 46 of 168
and the House of Representatives provided that there is an explicit subject

unanimously approved, a resolution and nature of the inquiry. Since
directing the House Committee on Good legislative inquiry is an essential part of
Government (HCGG) to conduct an inquiry legislative power, it cannot be made
on the matter, in aid of legislation, in order subordinate to criminal and civil actions.
to prevent the recurrence of any similar Otherwise, it would be very easy to
fraudulent activity. subvert any investigation in aid of
legislation through the convenient ploy
HCGG immediately scheduled a hearing
of instituting civil and criminal actions
and invited the responsible officials of IUB,
(Standard Chartered Bank [Philippine
the chairman and Commissioners of the
Branch] vs, Senate Committee on banks,
SEC and the Governor of the BSP. On the
Financial Institutions and Currencies,
date set for the hearing, only the SEC
541 SCRA 456 [2007]).
commissioners appeared, prompting
Congressman Nonoy to move for the ALTERNATIVE ANSWER:
issuance of the appropriate subpoena ad
Yes, legislative inquiry would preempt
testificandum to compel the attendance of
judicial action. In one case, the Supreme
the invited resource persons.
Court did not allow the Committee to
The IUB officials filed suit to prohibit HCGG continue with the legislative inquiry
from proceeding with the inquiry and to because it was not in aid of legislation
quash the subpoena, raising the following but in aid of prosecution. It holds that
arguments: there will be a violation of separation of
powers and the possibility of conflicting
(a) The subject of the legislative
judgment.
investigation is also the subject of the
criminal and civil actions pending before The Subjudice rule restricts comments
the courts and the prosecutor’s office; thus, and disclosures pertaining to judicial
the legislative inquiry would preempt proceedings to avoid prejudicing the
judicial action; issue, influencing the court, or
SUGGESTED ANSWER: obstructing the administrations of
justice.
The argument is untenable, the mere
filing of a criminal or an administrative (b) Compelling the IUB officials, who are
complaint before the court of quasi- also respondents in the criminal and civil
judicial body should not automatically cases in court, to testify at the inquiry
bar the conduct of legislative inquiry
Page 47 of 168
would violate their constitutional right Investigations in Aid of Legislation;

against self-incrimination. (3%) Executive Privilege (2010)
No. XVIII. The House Committee on

Are the foregoing arguments tenable?
Appropriations conducted an inquiry in aid
Decide with reasons.
of legislation into alleged irregular and
SUGGESTED ANSWER:
anomalous disbursements of the
Congress can compel them to appear. Countrywide Development Fund (CDF) and
Persons under legislative investigation Congressional Initiative Allocation (CIA) as
are not being indicted as accused in a exposed by X, a division chief of the
criminal proceeding but are merely Department of Budget and Management
summoned as resource persons, or (DBM). Implicated in the questionable
witnesses, in a legislative inquiry. Hence disbursements are high officials of the
they cannot on the ground of their right Palace. The house committee summoned X
against self-incrimination, altogether and the DBM Secretary to appear and
decline appearing before the Congress, testify. X refused to appear, while the
although they may invoke the privilege Secretary appeared but refused to testify
when a question calling for an invoking executive privilege.
incriminating answer is propounded
(a) May X be compelled to appear and
(Standard Chartered Bank [Philippine
testify? If yes, what sanction may be
Branch] vs, Senate Committee on banks,
imposed on him?
Financial Institutions and Currencies,
SUGGESTED ANSWER:
541 SCRA 456 [2007]).
YES. Individuals invited to a legislative
(c) May the Governor of the BSP validly
inquiry can be anybody whether an
invoke executive privilege and thus, refuse
executive head or not. The inquiry is in
to attend the legislative inquiry? Why or
aid of legislation which is to elicit
why not?
information useful for legislation not for
SUGGESTED ANSWER:
prosecution or persecution. The
No. the Governor cannot invoke attendance of the resource person is
executive privilege. Only the President mandatory and can be compelled
as a general rule can invoke executive through compulsory processes. Only the
privilege (Senate of the Philippines vs. President or the Executive Secretary by
Ermita, 488 SCRA 1 [2006]). order of the President can invoke
executive privilege (Senate of Philippines
vs. Ermita, 488 SCRA 13 [2006]).
Page 48 of 168
He may be cited for contempt if he fails the memorial site. The charter set the
to attend. corporate life of MWMC at 50 years with a
proviso that Congress may not abolish
(b) Is the Budget Secretary shielded by
MWMC until after the completion of the
executive privilege from responding to the
memorial.
inquiries of the House Committee? Explain
Briefly. If the answer is no, is there any Forty-five (45) years later, the memorial was
sanction that may be imposed on him? only 1/3 complete, and the memorial site
SUGGESTED ANSWER: itself had long been overrun by squatters.
Congress enacted a law abolishing the
NO, executive privilege is granted to the
MWMC and requiring that the funds raised
President himself not to anybody else. It
by it be remitted to the National Treasury.
is the president who shall invoke the
The MWMC challenged the validity of the
privilege. The inquiry is in aid of
law arguing that under its charter its
legislation and neither the President nor
mandate is to complete the memorial no
Executive Secretary by order of the
matter how long it takes. Decide with
President invoke executive privilege
reasons. (6%).
(Senate of the Philippines vs. Ermita,
438 SCRA 1 [2006]). SUGGESTED ANSWER:
Citation for contempt can be imposed. The law abolishing the MWMC is valid.
Within the plenary powers of the
Congress, it can create as well as destroy
Law-Making; Abolish; Destroy (2008) what is created after determination its
purpose could no longer be attained by
No.XIV. In 1963, Congress passed a law
subsequent circumstances. The power to
creating a government-owned corporation
create also carries with it the power to
named Manila War Memorial Commission
destroy so long as it was done in good
(MWMC), with the primary function of
faith and consistent with the purpose of
overseeing the construction of a massive
promoting the general welfare.
memorial in the heart of Manila to
commemorate victims of the 1945 Battle of
Manila.
Law-Making; Admission to the Bar (2009)
The MWMC charter provided an initial
No.I.d. A law fixing the passing grade in the
appropriation of P1,000,000 empowered the
Bar examinations at 70%, with no grade
corporation to raise funds in its own name,
and set aside a parcel of land in Malate for
Page 49 of 168
lower than 40% in any subject is industrial estates in the southern Tagalog
constitutional. Region to attract investors. The plan
SUGGESTED ANSWER: included an appropriation of 2 billion pesos
for construction of roads around the
FALSE. Congress cannot enact a law
estates. When the bill finally became law, a
regulating the admission to the legal
civil society watchdog questioned the
profession. It is within the power of the
constitutionality of the law as it obviously
Supreme Court to promulgate rules
benefited Congresswoman A’s industrial
concerning the admission to the legal
estate. Decide with reasons (3%)
profession. The present Constitution has
taken away the power of Congress to SUGGESTED ANSWER:
alter the Rules of Court (Echegaray vs.
The law is a valid exercise of police
Secretary of Justice, 301 SCRA 96
power although it may indirectly
[1999]). The law will violate the principle
benefited a Congresswoman but the
of separation of powers.
purpose of the law to provide a 5-year
ALTERNATIVE ANSWER: plant for all industrial estates is
reasonable thus, it conform to the twin
TRUE. Deliberations in ConCon reveal
requisite of lawful subject and lawful
that Congress retains the power to
means for a valid exercise police power.
amend or alter the rules because the
power to promulgate rules is essentially However, the congresswoman could be
legislative even though the power has sanctioned by the House of
been deleted in the 1987 Constitution. If Representative for failure to notify the
the law, however, is retroactive, it is House of a potential conflict of interest
unconstitutional because it is in the filing of the proposed legislation
prejudicial. of which they author.
ALTERNATIVE ANSWER:
Law-Making; Conflict of Interest (2010) The law is constitutional. Section 12,

Article VI of the Constitution does not
No. V. Congresswoman A is a co-owner of
prohibit the enactment of a law which
an industrial estate in Sta. Rosa, Laguna
will benefit the business interests of a
which she had declared in her Statement of
member of the Senate or the House of
Assets and liabilities. A member of her
Representatives. It only requires that if
political party authored a bill which would
the member of Congress whose business
provide a 5-year development plant for all
interests will be benefited by the law is
Page 50 of 168
the one who will file the bill, he should nationwide. A financial assistance scheme
notify the House concerned of the called “conditional cash transfers” was
potential conflict of interest. initially funded 500 million pesos by
Congress. One of the provisions of the law
gave the joint-congressional oversight
Law-Making; Item vs. Pocket Veto (2010) committee authority to screen the list of
beneficiary families initially determined by
No. XXVI. Distinguish between pocket veto
the Secretary of Department of Social
and item veto
Welfare and Development pursuant to the
SUGGESTED ANSWER: Department implementing rules. Mang

Pandoy, a resident of Smokey Mountain in
An item veto refers to the veto made by Tondo, questioned the authority of the
the president but not the entire bill is Committee.
vetoed but only a specific items.
Generally item veto is not allowed but (b) Is the grant of authority to the
the constitution permits item veto on Oversight Committee to screen beneficiaries
revenue, tariff, and appropriation bill. constitutional? Decide with Reasons.
And although it is not a appropriation,

SUGGESTED ANSWER:
tariff or revenue bill an item veto is still
allowed for inappropriate provision in The grant of authority to the oversight
the bill. Committee to screen beneficiaries is

unconstitutional. It violates the
A pocket veto occurs when the President
principle of separation of powers. By
fails to act on the bill and did not return
being involved in the implementation of
the bill to Congress because the latter is
the law, the Oversight Committee will be
not in session. In the Philippines pocket
exercising executive power. (Abakada
veto is not applicable because a bill will
Guro Party List vs. Purisima, 562 SCRA
pass into law if remain inacted within 30
251 [2008]).
days from receipt thereof.
ALTERNATIVE ANSWER:
NO. True that the Oversight power of

Law-Making; Oversight Committee
congress is to scrutinize, investigate,
(2010)
and supervise that the laws that it
No.VI. The Poverty Alleviation and enacted is fully implemented. But to
Assistance Act was passed to enhance the secure authority to screen beneficiaries
capacity of the most marginalized families is an unfair interference with the
Page 51 of 168
personal liberty or property of of the total valid votes cast for the party-list
individual. It is more of an intrusion system are "qualified" to have a seat in the
than an overseeing. House of Representatives;
SUGGESTED ANSWER:
R.A. No. 7941. This is to ensure that the
Party-list Representative; Formula party-list organizations at least

allocation (2007) represents a significant portion of those
voting for the party-list system – that
The Supreme Court has provided a formula
they at least have a substantial
for allocating seats for party-list constituency which must, at the
representatives. For each of these rules,
minimum, not be less than two percent
state the constitutional or legal basis, if
(2%) of the total number of those casting
any, and the purpose. their votes for party-list organizations.
(a) The twenty percent allocation - the

(c) The three-seat limit - each qualified
combined number of all party-Iist party, regardless of the number of votes it
congressmen shall not exceed twenty
actually obtained, is entitled to a maximum
percent of the total membership of the
of three seats; that is, one "qualifying" and
House of Representatives, including those
two additional seats; and
elected under the party list;
SUGGESTED ANSWER:
SUGGESTED ANSWER: R.A. No. 7941. This is to prevent any
Section 5(2), Article VI of the
dominant party-list organization from
Constitution, as implemented by R.A.
having a monopoly of the seats for the
No. 7941. The purpose is to assure that
party-list system. Since the objective of
there will be at least a guaranteed
the party-list system is to enable other
portion of the House of Representatives
groups who might otherwise have
reserved for the party-list members. The difficulty getting to Congress through
legislative policy is to promote the
the traditional system of elections, then
election of party-list representatives in
the system developed to accommodate
order to enable Filipinos belonging to
them must be fair and equitable enough
the marginalized and underrepresented
to afford better odds to as many groups
sectors to contribute legislation that as possible.
would benefit them.
(d) The first-party rule - additional seats

(b) The two percent threshold - only those
which a qualified party is entitled to shall
parties garnering a minimum of two percent
be determined in relation to the total
Page 52 of 168
number of votes garnered by the party with KABAKA. Rudy seeks to register KABAKA
the highest number of votes. as a party-list with himself as a nominee of
SUGGESTED ANSWER: the coalition. Will KABAKA and Rudy be
R.A. No. 7941. The party-list system is qualified as a party-list and a nominee,
predicated, among others, on respectively? Decide with reasons.
proportional representation. Thus, there
SUGGESTED ANSWER:
is need to reflect the same in relation to
the total number of votes obtained. NO, Kabaka and Rudy will not be
Accordingly, the first party must not be qualified as party-list and nominee
placed on the same footing as the others because KABAKA is a partner of Dutch
who obtained less votes. The votes Foreign Ministry a foreign based
obtained by first placer would be the organization. KABAKA is indirectly
reckoning point for the computation of receiving support from Dutch Ministry.
additional seats or members for the It is therefore disqualified to be
remaining organizations who got at least registered as a party-list. (Section2(5),
two percent (2%) of the votes cast for Article IX-C of the Constitution).
the party-list system. (Veterans
Under the law, the following are grounds
Federation Party v. COMELEC, G.R. No.
for disqualification for registration in the
136781, October 6, 2000).
party-list system:
1. It is a religious sect or
Party-List; Foreign Funding (2010)
denomination, organization or
No. XVI. Rudy Domingo, 38 years old, association organized for religious
natural-born Filipino and a resident of the purposes;
Philippines since birth, is a Manila-based 2. It advocates violence or unlawful
entrepreneur who runs KABAKA, a coalition means to seek its goal;
of people’s organizations from fisherfolk 3. It is a foreign party or
communities. KABAKA’s operations consist organization;
of empowering fisherfolk leaders through 4. It is receiving support from any
livelihood projects and trainings on good foreign government, foreign
governance. The Dutch Foundation for political party, foundation,
Global Initiatives, a private organization organization, whether directly or
registered in the Netherlands, receives a through any of its officers or
huge subsidy from the Dutch Foreign members or indirectly through
Ministry, which, in turn is allocated
worldwide to the Foundation’s partners like
Page 53 of 168
third parties for partisan election Should the petition be granted? (5%)
purposes;
5. It violates or fails to comply with SUGGESTED ANSWER:
laws, rules or regulations relating

No, the petition should not be granted.
to elections;
The clear and expressed intent of the
6. It declares untruthful statements
framers of the 1987 Constitution is to
in its petition;
exclude presidential appointments from
7. It has ceased to exist for at least
confirmation on the Commission on
one (1) year; or
Appointments except appointments to
It fails to participate in the last two (2)
offices expressly mentioned in the first
preceding elections or fails to obtain at
sentence of Section 16, Article VII of the
least two percentum (2%) of the votes
1987 Constitution (Sarmiento III v.
cast under the party-list system in the
Mison, 159 SCRA 549). Since the
two (2) preceding elections for the
appointment of an acting secretary is
constituency in which it has registered.”
not included under the first sentence of
Section 16, Article VII of the 1987
Constitution, it is no longer subject to
ARTICLE VII Executive confirmation by the Commission on
Department Appointments.
Appointing Power; Acting Appointments

(2013)
Appointing Power; Ad-Interim
Appointments (2010)
No.II. While Congress was in session, the
President appointed eight acting No. XXIII. A was a career Ambassador when
Secretaries. A group of Senators from the he accepted an ad interim appointment as
minority bloc questioned the validity of the Cabinet Member. The Commission on
appointments in a petition before the Appointments bypassed his ad interim
Supreme Court on the ground that while appointment, however, and he was not re-
Congress is in session, no appointment that appointed. Can he re-assume his position
requires confirmation by the Commission as career ambassador?
on Appointments, can be made without the
latter's consent, and that an undersecretary SUGGESTED ANSWER:
should instead be designated as Acting

The career Ambassador cannot re-
Secretary.
assume his position as career
Page 54 of 168
Ambassador. His ad interim appointment and agencies, including government-owned

as Cabinet Member was a permanent or controlled corporations
appointment (Summers vs. Ozaeta, 81 SUGGESTED ANSWER:
Phil. 754 [1948]). He abandoned his
TRUE. The president exercises the power
position as Ambassador when he
of control over all executive departments
accepted his appointment as Cabinet
and agencies, including government-
Member because as Cabinet Member, he
owned or controlled corporations with or
could not hold any other office during
without original charters. But the
his tenure. (Section 13, Article VII,
President does not have the power of
Constitution).
control over LGUs (Cruz vs. Secretary of
ALTERNATIVE ANSWER: Environment and Natural Resources, 347
SCRA 128 [2000]; National Marketing
NO. an interim appointment is an
Corporation vs. Arca, 29 SCRA 648
appointment made by the President
[1969]).
during the recess of Congress and it is a
permanent appointment and shall
continue to hold such permanency until
Control Power; Foreign Relations (2010)
disapproved by the Commission on
Appointment or until the next No. IX.The League of Filipino Political
adjournment of congress. Scientist (LFPS) organized an international
conference on the human rights situation
If the appointment is bypassed and the
in Myanmar at the Central Luzon State
appointee was not re-appointed he can
University (CLSU). An exiled Myanmar
no longer re-assume as career
professor Sung Kui, critical of the military
ambassador because by accepting an ad
government in Myanmar, was invited as
interim appointment he is deemed to
keynote speaker. The Secretary of Foreign
have waived his right to hold his old
Affairs informed the President of the
position as ad interim appointment is
regional and national security implications
permanent.
of having Prof. Kui address the conference.
The President thereupon instructed the
immigration authorities to prevent the entry
Control Power (2009)
of Prof. Kui into Philippine territory. The
No.XI.c. The President exercises the power chancellor of CLSU argued that the
of control over all executive departments instruction violates the Constitution.
Decide with reasons. (4%)
Page 55 of 168
SUGGESTED ANSWER: President to take over any public utility

is false. Since it is an aspect of
The argument of the chancellor of
emergency powers, in accordance with
Central Luzon State University is not
Section 23(2), Article VI of the
valid. Since an alien has no right to
Constitution, there must be a law
enter the Philippines, preventing Prof.
delegating such power to the President.
Sing Kui from entering the Philippines is
(David vs. Macapagal-Arroyo, 489 SCRA
not a violation of his rights. (Lee and
160 [2006]).
Quigley, Consular Law and Practice, 3 rd
ed., p.220.) Since the President has the ALTERNATIVE ANSWER:
Power of Control over foreign relations,
FALSE. The declaration of a state of
he has the power to ban aliens from
emergency is one thing and the exercise
entering the Philippines. (United States
of emergency powers is another. In the
vs. Curtiss-Wright Export Corporation,
latter case, it requires a prior legislative
299 U.S. 304 [1936]).
enactment before the President can
ALTERNATIVE ANSWER: exercise them.
There is no violation of the Constitution.

It is within the Residual Power of the
Enter into Executive Agreement; Treaty
President to select who shall be allowed
Abrogation (2008)
entry in the Philippines especially when
the allowance of such entry poses No. III. The President alone without the
imminent threat or danger to national concurrence of the Senate abrogated a
security. treaty. Assume that the other country-party
to the treaty is agreeable to the abrogation
provided it complies with the Philippine
Declaration; State of National Constitution. If a case involving the validity
Emergency (2010) of the treaty of the treaty abrogation is
brought to the Supreme Court, how should
No. VII.a. A proclamation of a State of
it be resolved? (6%).
emergency is sufficient to allow the
President to take over any public utility. SUGGESTED ANSWER:
SUGGESTED ANSWER: The President should be overruled. She

cannot abrogate a treaty alone even if
The statement that a proclamation of
the other State, party to a treaty, agrees
emergency is sufficient to allow the
to the abrogation. If the legislative
Page 56 of 168
branch ratifies a treaty by 2/3 vote concurrence of a majority of all the

pursuant to Art. VII, Sec. 21, it must Members of Congress. (Section 28(4),
also do so when the President abrogates Article VI of the Constitution.) Without
it. She cannot motu propio abrogate the respect to its lawful substantive content,
treaty. a treaty, to be valid and effective,
requires concurrence by at least two-
ALTERNATIVE ANSWER:
thirds of all the Members of the Senate.
The Supreme Court should sustain the (Sec. 21, Art. VII of the Constitution).
validity of the abrogation of the treaty.
ALTERNATIVE ANSWER:
There is no constitutional provision
governing the termination of a treaty. FALSE. Granting tax exemptions
What the constitution provides is only requires concurrence by a majority of all
the concurrence of the Senate in order the Members of the Congress.
that a treaty be valid and binding and
under recent jurisprudence, the
ratification of the treaty is left to the Pardoning Power: Executive Clemency
sound discretion of the President. (2008)
Therefore, the President as the No. VIII. ST, a Regional Trial Court judge
representative of the State in treaty who falsified his Certificate of Service, was
negotiation can abrogate a treaty by found liable by the Supreme Court for
himself. serious misconduct and inefficiency, and
meted the penalty of suspension from office
for 6 months. Subsequently, ST filed a
Enter into Treaty (2010) petition for executive clemency with the
Office of the President. The Executive
No.VII.b. A treaty which provides tax
Secretary, acting on said petition issued a
exemption needs no concurrence by a
resolution granting ST executive clemency.
majority of all the Members of the Congress
Is the grant of executive clemency valid?
SUGGESTED ANSWER:
Why or why not? (6%)
The statement that a treaty which
SUGGESTED ANSWER:
provides tax exemption needs no
concurrence by a majority of all the No. the grant of executive clemency is
Members of Congress is true. It is only a invalid because it violates the separation
law, not a treaty, granting a tax of powers. The Supreme Court has the
exemption which requires the power of administrative supervision over
Page 57 of 168
all courts and its personnel and with this reflect presidential decision-making and
power the Supreme Court can discipline deliberations and that the President
erring Judges. believes should remain confidential. It
applies to decision-making of the
The grant of an executive clemency has
President. It is based on separation of
the effect of removing the penalty
powers. It is always subject to a greater
imposed by the competent authority.
scrutiny.
The Supreme Court has the authority to
discipline judges of lower court. In so Deliberative Process Privilege: includes
doing, the constitution guaranteed its advisory opinions, recommendations and
independence from the other political deliberations comprising part of a
bodies. If the executive department were process by which governmental
to grant executive clemency, it would be decisions and policies are formulated.
an encroachment of a prerogative thus Based on common law privileged it
violation of the separation of powers. applies to decision-making of executive
officials and not subject to greater
scrutiny.
Privilege; Presidential Communications

vs. Deliberative Process (2010)
No. VIII. Distinguish “presidential

ARTICLE VIII Judicial
communication privilege” from “deliberative Department
process privilege.”
Judicial Department; Judicial Service
SUGGESTED ANSWER: (2013)
Jurisprudence laid down 2 kinds of

No.XI. In her interview before the Judicial
executive privilege which are
and Bar Council (JBC),Commissioner Annie
presidential communication privilege
Amorsolo of the National Labor Relations
and deliberative process privilege (Neri
Commission claims that she should be
vs. Senate Committee on Accountability
given credit for judicial service because as
of Public Officers and Investigations, 549
NLRC Commissioner, she has the rank of a
SCRA 77 [2008]).
Justice of the Court of Appeals; she
Presidential Communication Privilege: adjudicates cases that are appealable to the
pertains to the communications, Court of Appeals; she is assigned car plate
documents or other materials that No. 10; and she is, by law, entitled to the
Page 58 of 168
rank, benefits and privileges of a Court of under the principle of inclusion unios
Appeals Justice. exclusion est alterius, due credits will
not be granted.
If you are a member of the JBC, would you
give credit to this explanation? (6%)
SUGGESTED ANSWER:
Judicial Department; Writ of Amparo
No, I will not give credit for judicial (2013)
service to the NLRC Commissioner,

No. IX. Conrad is widely known in the
because Section 4 (amended Article 216
neighbourhood as a drug addict. He is also
of the Labor Code of the Philippines) of
suspected of being a member of the
R.A. 9347 (An Act Rationalizing the
notorious "Akyat-Condo Gang" that has
Composition and Functions of the
previously broken into and looted
National Labor Relations Commission,
condominium units in the area.
Amending for this purpose Article 213,
214, 215, and 216 of P.D. 442 as
Retired Army Colonel Sangre – who is
Amended, Otherwise Known as the Labor
known as an anti-terrorism fighter who
Code of the Philippines) clearly speaks
disdained human and constitutional rights
only of the salaries, benefits, and other
and has been nicknamed "terror of
emoluments. It says in the first sentence
Mindanao" –is now the Head of Security of
of the provision, that the Chairman and
Capricorn Land Corporation, the owner and
members of the Commission shall have
developer of Sagittarius Estates where a
the same rank, receive an annual salary
series of robberies has recently taken place.
equivalent to, and be entitled to the
same allowances, retirement and On March l, 2013, Conrad informed his
benefits as, those of the Presiding mother, Vannie, that uniformed security
Justice and Associate Justices of the guards had invited him for a talk in their
Court of Appeals, respectively. The law is office but he refused to come. Later that
clear, that it only allowed the day, however, Conrad appeared to have
equivalence of a commissioner’s rank, relented; he was seen walking into the
salary, allowances, retirement and security office flanked by two security
benefits to that of the Presiding guards. Nobody saw him leave the office
Justices’ and Associate Justices’. The afterwards.
law, however, did not mention the
credits for judicial service, therefore,
Page 59 of 168
Conrad did not go home that night and was by an unlawful act or omission of a
never seen again. The following week and public official or employee, or of a
after a week-long search, Vannie feared the private individual or entity. The writ
worst because of Col. Sangre's reputation. covers extralegal killings and enforced
She thus reported Conrad's disappearance disappearances or threats thereof.
to the police. When nothing concrete
resulted from the police investigation, Since there has been an enforced
Vannie – at the advice of counsel - f1led a disappearance on the part of Conrad, the
petition for a writ of amparo to compel Col. writ is applicable.
Sangre and the Sagittarius Security Office
to produce Conrad and to hold them liable (B) If the petition would prosper, can Col.
and responsible for Conrad's Sangre be held liable and/or responsible for
disappearance. Conrad's disappearance? (6%)
(A) Did Vannie's counsel give the correct SUGGESTED ANSWER:
legal advice? (6%)

No, Colonel Sangre cannot be held
SUGGESTED ANSWER: responsible for the disappearance of

Conrad. Command responsibility has no
The advice of Vannie’s counsel that applicability to an amparo proceeding
she’ll file a petition for a writ of amparo (Rubrico vs. Macapagal-Arroyo, 613
is not correct. In order that a writ of SCRA 233). It may be established merely
amparo can be availed of against a to enable the court to craft the
private individual for the disappearance appropriate remedies against the
of someone, the involvement of the responsible parties (Balao vs. Macapagal-
government is indispensable. There is no Arroyo, 662 SCRA 312).
showing of any participation of the
government in Conrad’s disappearance ALTERNATIVE ANSWER:
(Navia vs. Pardico, 673 SCRA 618).

Although writ of amparo does not
ALTERNATIVE ANSWER: pinpoint criminal culpability for a

disappearance, it determines
Yes, Vannie’s counsel gave the correct responsibility, or at least accountability,
legal advice. The Writ of Amparo is a for the purpose of imposing the
remedy available to any person whose appropriate remedy. Responsibility
right to life, liberty, or security has been refers to the extent the actors have been
violated or is threatened with violation established to have participated in an
Page 60 of 168
enforced disappearance, as a measure of (a) Does Mang Pandoy have legal standing
the remedy, to be crafted, such as the to question the law?
directive to file the appropriate criminal SUGGESTED ANSWER:
and civil cases against the responsible
On the assumption that Mang Pandoy is
parties (Razon, Jr. Vs. Tagitis, 606 SCRA
a beneficiary of the financial legal
598).
assistance, he has legal standing to
ALTERNATIVE ANSWER: question the law. He may be prejudiced

by the improper screening of the
Yes. Colonel Sangre, together with the beneficiary families. (Province of
Sagittarius Security Office should be Batangas vs. Romulo, 492 SCRA 736
held fully accountable for the enforced [2004]). Besides, since the
disappearance of Conrad because of implementation of the law will require
strong evidences supporting the claim of the expenditure of public funds, as a tax
the Writ of Amparo as shown in the case. payer Mang Pandoy has legal standing to
question the law. (Cruz vs. Secretary of
Environment and Natural Resources, 347
SCRA 128).
Judicial Power; Legal Standing (2010)
ALTERNATIVE ANSWER:
No.VI. The Poverty Alleviation and
Assistance Act was passed to enhance the Yes. Mang Pandoy has legal standing to
capacity of the most marginalized families question the law as a taxpayer and a
nationwide. A financial assistance scheme citizen. As a taxpayer he has to show
called “conditional cash transfers” was that there will be an illegal disbursement
initially funded 500 million pesos by of public funds. As a citizen he must
Congress. One of the provisions of the law show that the issue involved is of
gave the joint-congressional oversight transcendental importance.
committee authority to screen the list of
beneficiary families initially determined by
the Secretary of Department of Social Judicial Power; Trial by Jury (2013)
Welfare and Development pursuant to the
Department implementing rules. No.IV. Congress enacted a law providing for
MangPandoy, a resident of smokey trial by jury for those charged with crimes
Mountain in Tondo, questioned the or offenses punishable by reclusion
authority of the Committee. perpetua or life imprisonment. The law
provides for the qualifications of members
Page 61 of 168
of the jury, the guidelines for the bar and (Paragraph 2, Section 1, Article VIII,
bench for their selection, the manner a trial 1987 Constitution).
by jury shall operate, and the procedures to
be followed. Trial by Jury shall have the power to
adjudge which claims are true and which
Is the law constitutional? (6%) are not. Composed of 12 jurors and two
alternate jurors, the Trial Jury shall be
SUGGESTED ANSWER:
kept in secret places until the usually-
one-week trial ends in case the accuseds
The law providing for trial by jury is
are influential persons. After deciding
unconstitutional, because of the
who are saying the truth, the judge in
omission in Article VIII, Section 5(5) of
their court shall apply the law on the
the 1987 Constitution of the provisions
jury’s decision. Although at times, trial
in Article VIII, Section 13 of the 1935
jury nullifies the law if they felt it is an
Constitution and Article X, Section 5(5)
injustice.
1973 Constitution, which authorized the
Legislature to repeal, alter or
In other words, in the trial provided by
supplement the rules of procedure
the present constitution, the judge
promulgated by the Supreme Court.
decides, while in trial by jury, the jury
Congress can no longer enact any law
decides, however the judge only applies
governing rules of procedure of the
the law basing from that of the jury’s
courts (Echegaray vs. Secretary of
decision.
Justice, 301 SCRA 96).
ALTERNATIVE ANSWER:
ALTERNATIVE ANSWER:
The law is valid, because the grant of a
No, it will be unconstitutional because it right to trial by jury involves a
will be contrary to the judicial power substantive law and is within the
which includes the duty of the courts of competence of Congress (Article VIII,
justice to settle actual controversies Section 5(5) of the 1987 Constitution).
which are legally demandable and
enforceable, and to determine whether
or not there has been a grave abuse of Judicial Power; Trial by Jury (2008)
discretion amounting to lack or excess
jurisdiction on the part of any branch or No.XIII. Congress enacted law establishing
instrumentality of the Government the right to trial by jury of an accused

charged with a felony or offense punishable
Page 62 of 168
with reclusion perpetua or life (PET). After due consideration of the facts
imprisonment. The law provides for the and the issues, the PET ruled that Orange
qualifications of prospective jury members, was the real winner of the elections and
the guidelines to be observed by the Judge ordered his immediate proclamation.
and the lawyers in jury selection including
the grounds for challenging the selection of (c) What is the composition of the PET?
jury members, and the methodology for jury (2%)
deliberations. Is the law constitutional?

SUGGESTED ANSWER
Explain fully. (7%)
SUGGESTED ANSWER: The Presidential Electoral Tribunal is

composed of the Chief Justice and the
The law is unconstitutional because the Associate Justices of the Supreme Court
power to promulgate rules concerning Sitting en banc. (Section 4, Article VII of
the protection and enforcement of the Constitution.)
constitutional rights, pleading, practice,
and procedure in all courts is vested (d) What is judicial power? Explain Briefly.
only in the Supreme Court. (2%)
Congress cannot encroach to the SUGGESTED ANSWER

prerogatives of the Judiciary particularly
those expressly given by the Judicial Power – Sec.1(1) Art. 8 is the
Constitution. The interference of authority to settle justiciable
Congress of such power would be struck controversies or disputes involving
down because it violates the separation rights that are enforceable and
of powers. demandable before the courts of justice
or the redress of wrongs for violation of
such rights. (Lopez vs. Roxas, 17 SCRA
Presidential Electoral Tribunal; Judicial 756.) it includes the duty of the courts
Power (2012) to settle actual controversies involving
rights which are legally demandable and
No. IV. Mr. Yellow and Mr. Orange were the enforceable, and to determine whether
leading candidates in the vice-presidential or not there has a grave abuse of
elections. After elections, Yellow emerged as discretion amounting to lack or excess
the winner by a slim margin of 100,000 of jurisdiction on the part of any branch
votes. Undaunted, Orange filed a protest or instrumentality of the government.
with the Presidential Electoral Tribunal (Section 1, Article VIII of Constitution.)
Page 63 of 168
(b) Does the Ombudsman have authority to

conduct investigation over crimes or
Supervision; Courts and its Personnel;
offenses committed by public officials that
Ombudsman’s Jurisdiction (2012)
are NOT in connection or related at all to
the official’s discharge of his duties and
No. V. Judge Red is the Executive Judge of
functions? Explain. (3%)
Green City. Red is known to have corrupt
tendencies and has a reputation widely
SUGGESTED ANSWER
known among practicing lawyers for
accepting bribes. Ombudsman Grey, The Ombudsman can investigate crimes
wishing to "clean up" the government from or offenses committed by public officers
errant public officials, initiated an which are not connected with the
investigation on the alleged irregularities in performance of their duties. Under
the performance of duties of Judge Red. Section 13(1), Article XI of the
Constitution, the Ombudsman can
(a) Judge Red refused to recognize the
investigate any act or omission of a
authority of the Office of the Ombudsman
public official which is illegal. (Deloso vs.
over him because according to him, any
Domingo, 191 SCRA 545.)
administrative action against him or any
court official or employee falls under the (c) Who are required by the Constitution to
exclusive jurisdiction of the Supreme Court. submit a declaration under oath of his
Decide with reasons. (5%) assets, liabilities, and net worth? (2%)
SUGGESTED ANSWER SUGGESTED ANSWER
Since the complaint refers to the All public officers and employees are
performance of the duties of Judge Red, required to submit a declaration under
Ombudsman Grey should not act on it oath of their assets, liabilities and net
and should refer it to the Supreme worth. (Section 17, Article XI of the
Court. His investigation will encroach Constitution.)
upon the exclusive power of
administrative supervision of the
Supreme Court over all courts. (Maceda
vs. Vasquez, 221 SCRA 464.) ARTICLE IX Constitutional
Commissions
Rotational Scheme (2010)
Page 64 of 168
No. XXV.
(a) What is the rational scheme of ARTICLE IX Civil Service

appointments in the COMELEC?
Commission
SUGGESTED ANSWER:
Appointment; Relatives (2008)
The rational scheme of appointments in
the COMELEC refers to the appointment No.XII.. The Mayor of San Jose City
of the Commissioner and 5 of its appointed his wife, Amelia, as City
members not simultaneously but by Treasurer from among three (3) employees
intervals of every after 2 years upon of the city considered for the said position.
expiration of their term of office. Prior to said promotion, Amelia had been
an Assistant City Treasurer for ten (10)
(b) What are the two conditions for its years, that is, even before she married the
workability? City Mayor. Should the Civil Service
SUGGESTED ANSWER: Commission approve the promotional
appointment of Amelia? Why or why not?
The two conditions for its workability
are: SUGGESTED ANSWER:
(a) The first Chairman and The Civil Service Commission should
Commissioners should start on a disapproved the promotional
common date and appointment if at the time of
appointment Amelia is already married
(b) Any vacancy before the expiration of
to the appointing authority, the Mayor,
the term should be filled only for the
because it violates the rule on nepotism
unexpired balance of the term
which prohibits the appointment of
(c) To what other constitutional offices does relatives by consanguinity or affinity
the rational scheme of appointments apply? within the third degree of the appointing
SUGGESTED ANSWER: authority in public office. This is to
ensure that entrance to public office
The rational scheme of appointments
should be based on merits and fitness.
applies to:
The rule on nepotism also extends to
COA, CSC, COMELEC, JBC (Section 9(2), promotional appointment.
Article VIII, Section 1(2), Article IX-B
However, if at the time of appoint the
and Section 1(2), Article IX-D of the
Mayor and Amelia is not yet married and
Constitution).
Page 65 of 168
thereafter married each other, the The statement that a person who
promotional appointment should remain occupies in office that is defectively
as valid appointment. created is a de facto officer is TRUE. The
person appointed or elected pursuant to
an unconstitutional law is a de facto
Appointment; Relatives (2010) officer, before the law is declared to be

such. (State vs. Caroll, 38 Conn.[1871]).
No.XV.b. The rule on nepotism does not
apply to designations made in favor of a
relative of the authority making a
De Facto Officer; Salary Entitlement
designation
(2009)
SUGGESTED ANSWER:
No.XI.b. A de facto public officer is, by
FALSE. The Rule on Nepotism extends to
right, entitled to receive the salaries and
designation, and promotional
emoluments attached to the public office he
appointment in favor of a relative(Laurel
holds
vs. Civil Service Commission, 203 SCRA
SUGGESTED ANSWER:
195 [1991]).
TRUE. A de facto public officer
discharges his public duties under a
De Facto Officer (2010) color of title to the office, therefore, by
right entitled to salary (Civil Liberties vs.
No. XV.a. A person who occupies an office
Executive Secretary, 194 SCRA 317).
that is defectively created is a de facto
officer.
SUGGESTED ANSWER: Discretionary Duty of a Public Officer

(2010)
FALSE. A de facto officer occupies a
valid existing office however under a No.XV.c. A discretionary duty of a public
color of title of the office. For him to be officer is never delegable
a de facto officer, the office must be SUGGESTED ANSWER:
validly created. (Tuanda vs.
The statement that a discretionary duty
Sandiganbayan, 249 SCRA 342 [1995]).
of a public officer can never be delegated
ALTERNATIVE ANSWER: is FALSE. It can be delegated if the
delegation is authorized (Mechem, A
Page 66 of 168
Treatise on the Law on Public Offices Security of Tenure (2010)

and Officers, p.368).
No.XV.d. Acquisition of civil service
ALTERNATIVE ANSWER: eligibility during tenure of a temporary
appointee does not automatically translate
TRUE. Discretionary duty of a public
to a permanent appointment.
officer cannot be delegated.
SUGGESTED ANSWER:
TRUE. There is a need for another

Oath or Affirmation (2007) appointment for permanency (Province
of Camarines Sur vs. Court of Appeals,
No. VI. b. All public officers and employees
246 SCRA 281 [1995]).
shall take an oath to uphold and defend the
Constitution.
SUGGESTED ANSWER:
The statement is true. This is expressly ARTICLE IX COMELEC
provided for in Section 4, Article IX-B of
the 1987 Constitution. Commission En Banc; Jurisdiction
ALTERNATIVE ANSWER: (2012)
The statement is true as under Section

No. VII. Mayor Pink is eyeing re-election in
40 of the Administrative Code of 1987
the next mayoralty race. It was common
(Executive Order No. 292), it is provided
knowledge in the town that Mayor Pink will
that “all public officers and employees of
run for re-election in the coming elections.
the government, including every
The deadline for filing of Certificate of
member of the armed forces shall, before
Candidacy (CoC) is on March 23 and the
entering upon discharge of his duties,
campaign period commences the following
take an oath or affirmation to uphold
day. One month before the deadline, Pink
and defend the Constitution.
has yet to file her CoC, but she has been
ALTERNATIVE ANSWER:
going around town giving away sacks of rice
The statement is false. The Constitution
with the words "Mahal Tayo ni Mayor Pink"
states: “All public officers and employees
printed on them, holding public gatherings
shall take an oathe or affirmation to
and speaking about how good the town is
uphold and defend this Constitution”
doing, giving away pink t-shirts with "Kay
(1987 Constitution, Art. IX-B, sec.4).
Mayor Pink Ako" printed on them.
Page 67 of 168
(a) Mr. Green is the political opponent of (b) Distinguish briefly between Quo
Mayor Pink. In April, noticing that Mayor Warranto in elective office and Quo
Pink had gained advantage over him Warranto in appointive office. (3%)
because of her activities before the
campaign period, he filed a petition to SUGGESTED ANSWER:
disqualify Mayor Pink for engaging in an

In quo warranto in elective office, the
election campaign outside the designated
issue is the ineligibility of the elected
period.
candidate. (Section 3(e), Rule 1, Rules of
a.1. Which is the correct body to rule on the Procedure in Election Cases.) If he is
matter? Comelec en banc, or Comelec ineligible, the candidate who got the
division? Answer with reasons. (2%) second highest number of votes cannot
be proclaimed elected. (Sinsuat vs.
SUGGESTED ANSWER: Commission on Elections, 492 SCRA
264.) A voter may file a petition for quo
It is the Commission on elections en warranto against an elected candidate.
banc which should decide the petition. The petition should be filed within ten
Since it involves the exercise of the days after the proclamation of the
administrative powers of the elected candidate.
Commission on Elections, Section 3,
Article IX-C of the Constitution is not In quo warranto in appointive office, the
applicable. (Baytan vs. Commission on issue is the legality of the appointment.
Elections, 396 SCRA 703.) The court will decide who between
the parties has the legal title to the
a.2. Rule on the petition. (5%) office. (Nachura, Outline Reviewer in
Political Law, p.567.)
SUGGESTED ANSWER:
It is the Solicitor General, a public

The petition should be denied. Under
prosecutor, or a person claiming to be
Section 80 of the Omnibus Election
entitled to the public office can file a
Code, to be liable for premature
petition for quo warranto against an
campaigning he must be a candidate.
appointive official. (Section 2 and 5,
Unless he filed his certificate of
Rule 66 of the Rules of Court.) The
candidacy, he is not a candidate. (Lanot
Petition should be filed within one year
vs. Commission on Elections, 507 SCRA
after the cause of action accrued.
114.)
(Section 11, Rule 66 of the Rules of
Court.)
Page 68 of 168
No. Galicia is not eligible to run for an

elective position because the executive
Grant of Pardon to Election Offenses
clemency is not valid and effective
(2010)
because it was granted with
No. XVII. During his campaign sortie in constitutional infirmity. The
Barangay Salamanca, Mayor Galicia was Constitution requires recommendation

arrested at a PNP checkpoint for carrying from the COMELEC before the President
high-powered firearms in his car. He was may grant executive clemency for
charged and convicted for violation of the offenses violating election laws.
COMELEC gun ban. He did not appeal his
conviction and instead applied for executive
clemency. Acting on the favorable
recommendation of the Board of Pardons
Election Laws
and Parole, the President granted him
Election Protest; Substitution; Quo
pardon. Is he eligible to run against for an
Warranto (2009)
elective position?. Explain Briefly. (5%)
No. II. Despite lingering questions about his
SUGGESTED ANSWER:
Filipino citizenship and his one-year
Mayor Galicia can run again for an residence in the district, Gabriel filed his
elective office but not immediately. certificate of candidacy for congressman
Under Section 40 of the Local before the deadline set by law. His
Government Code, he cannot run for an opponent, Vito, hires you as lawyer to
elective office within two (2) years after contest Gabriel’s candidacy.
serving sentence. Under Section 12 of

(a) Before Election Day, what action or
the Omnibus Election Code, he can run
actions will you institute against Gabriel,
for an elective national office after the
and before which court, commission or
expiration of five (5) years from his
tribunal will you file such action/s?
service of sentence. The pardon granted
Reasons. (2%).
to him is invalid. The offense involved a
SUGGESTED ANSWER:
violation of the Omnibus Election Code
and the pardon was granted without the File with COMELEC in division, a
favorable recommendation of the petition to deny due course or to cancel
Commission on Elections. (Section 5, Certificate of Candidacy within 25 days
Article IX-C of the Constitution). from the time of filing of the COC on the
ground of material representation
ALTERNATIVE ANSWER:
Page 69 of 168
contained in the certificate is false; or certified by, the same political party
file a petition with the COMELEC in may file a certificate of candidacy to
division to cancel the COC because he is replace the candidate who dies,
a nuisance candidate. There must be a withdrew or was disqualified not later
showing that: than mid-day of the day of the election
(sec.76, OEC).
a. The COC was filed to put the
election process in a mockery Since there is no showing in the present
or disrepute case that Gabriel is a member of a
b. Cause confusion among voters registered political party, in no moment
by similarity of names of could he be substituted if he withdraws
registered candidates his COC.
c. By other circumstances or
(c) If the action/s instituted should be
acts which demonstrate that a
dismissed with finality before the election,
candidate has no bona fide
and Gabriel assumes office after being
intention to run for the office
proclaimed the winner in the election, can
for which his certificate of
the issue of his candidacy and/or
candidacy has been filed, and
citizenship and residence still be
thus prevent a faithful
questioned? If so, what action or actions
determination of the true will
may be filed and where? If not, why not?
of the electorate.
(2%)
SUGGESTED ANSWER:
(b) If, during the pendency of such action/s
but before election day, Gabriel withdraws Yes, a petition for quo warranto may be
his certificate of candidacy, can he be filed with the House of Representative
substituted as candidate? If so, by whom Electoral Tribunal questioning his
and why? If not, why or why not? eligibility to continue to hold such
SUGGESTED ANSWER: elective position.
No. when the candidate who withdraws is A quo warranto proceeding may be filed
an independent candidate, he cannot be by any citizen of the Philippine
substituted. Under the law, if after the questioning the eligibility of an elective
last day for the filing of certificates of officer with respect to his continued
candidacy, an official candidate of a possession of the qualifications of age,
registered or accredited political party citizenship, and residency, as the case
dies, withdraws or is disqualified for any may be. Should the action prosper and a
cause, only a person belonging to, and
Page 70 of 168
decision be rendered against the elective District Board of Canvassers denied both
official, the latter shall be removed from objections and ruled to include the
office leaving the position vacant. certificate of canvass. May MP appeal the
rulings to the COMELEC? Explain. (6%)
Moreover, the Sole judge to hear and
decide concerning the election, returns SUGGESTED ANSWER:
and qualification of the members of the
NO. COMELEC’s Jurisdiction over pre-
House of Representative is the HRET.
proclamation cases pertains only to
The HRET shall have jurisdiction over
elections of regional, provincial and city
the election contest when the candidate
officials.
has been proclaimed, taken his oath and
assumed to office. (Sec. 15, RA 7166) – No pre-proclamation
cases in election of national officials. For
purposes of the elections for President,
Pre-Proclamation Contest (2008) V-President, Senator and Member of the
House of Representatives, no pre-
No.X. The 1st Legislative District of South
proclamation cases shall be allowed on
Cotabato is composed of General Santos
matters relating to the preparation,
and three municipalities including
transmission, receipt, custody and
Polomolok. During the canvassing
appreciation of the election returns or
proceedings before the District Board of
the certificates of canvass, as the case
Canvassers in connection with the 2007
may be.
congressional elections, candidate MP
objected to the certificate of canvass for ALTERNATIVE ANSWER:
Polomolok on the ground that it was
(sec. 20, RA 7166)
obviously manufactured, submitting as
evidence the affidavit of mayoralty Yes. a party adversely affected by the
candidate of Polomolok. The Certificate of ruling of the board shall immediately
canvass for General Santos was likewise inform the board if he intends to appeal
objected to by MP on the basis of the said ruling to the COMELEC. The party
confirmed report of the local NAMFREL that adversely affected by the ruling may file
10 elections returns from non-existent a verified notice of appeal with the board
precincts were included in the certificate. within a non-extendible period of 5 days.
MP moved that the certificate of canvass for
General Santos be corrected to exclude the
results from the non-existent precincts. The
Page 71 of 168
Three Term Limit; Contest; Substitution consecutiveness of his term of office.

(2008) (Ong v. Alegre, Jan. 23, 2006).
No.IX. Abdul ran and won in the May 2001,

(b) Abdul also consults you whether his
2004, and 2007 elections for Vice-Governor
political party can validly nominate his wife
of Tawi-Tawi. After being proclaimed Vice-
as substitute candidate for Vice-Governor of
Governor in the 2004 elections, his
Tawi-Tawi in May 2010 election in case the
opponent, Khalil, filed an election protest
COMELEC disqualifies him and denies due
before the Commission on Election. Ruling
course to or cancels his certificate of
with finality on the protest, the COMELEC
candidacy in view of a false material
declared khalil as the duly elected Vice-
representation therein. What will be your
Governor though the decision was
advice? (3%)
promulgated only in 2007, when Abdul had
SUGGESTED ANSWER:
fully served his 2004-2007 term and was in
fact already on his 2007-2010 term as Vice- I will advise him that his wife can be a
Governor. substitute if his wife is a member of the
political party and is certified by such
(a) Abdul now consults you if he can still
political party that she is going to
run for Vice-Governor of Tawi-Tawi in the
substitute abdul as candidate for Vice-
forthcoming May 2010 election on the
Governor and that the substitution must
premise that he could not be considered as
be made within the prescribed period
having served as Vice-Governor from 2004-
provided by law. Provided further that
2007 because he was not duly elected to
his wife is eligible to hold public office
the post, as he assumed office merely as
meaning she has all the qualifications
presumptive winner and that presumption
and none of the disqualifications.
was later overturned when COMELEC
decided with finality that had lost in the
May 2004 elections. What will be your Vacancy: Succession; Recall (2010)
advice? (3%). No. XXII. Governor Diy was serving his
SUGGESTED ANSWER: third term when he lost his governorship in
a recall election.
Will advice Abdul that he can no longer
run for Vice-Governor in the forthcoming (a) Who shall succeed Governor Diy in his
May 2010 election because there is no office as Governor?
interruption of service of his 2004-2007 SUGGESTED ANSWER:
term. He is considered to have already
served and thereof it is counted in the
Page 72 of 168
The candidate who received the highest

number of votes in the recall will
succeed Governor Diy (Section 72 of the Vacancy: Sangguniang Panlalawigan
Local Government Code). (2008)
No XI. On august 8, 2008, the Governor of
(b) Can Governor Diy run again as governor
Bohol died and Vice-Governor Cesar
in the next election?
succeeded him by operation of law.
SUGGESTED ANSWER:
Accordingly, Benito, the highest ranking
Yes, because recall election is an member of the Sangguniang Panlalawigan
interruption of the consecutiveness of was elevated to the position of Vice-
the term of office it cannot be counted. Governor. By the elevation of Benito to the
A recall election is a mid-way election Office of Vice-Governor, a vacancy in the
and the term is not completed when one Sangguniang Panlalawigan was created.
is conducted. The third term of Governor How should the vacancy be filled?
Diy should not be included in computing
SUGGESTED ANSWER:
the the=ree-term limit. (Lonzanida vs.
Commission on Elections, 311 SCRA 602 (sec. 44-46, RA 7160)
[1999]).
The vacancy shall be filled in the
(c) Can Governor Diy refuse to run in the following manner:
recall election and instead resign from his
1. If Benito is affiliated with a
position as governor?
political party, the vacancy in the
SUGGESTED ANSWER:
Sangguiniang Panlalawigan shall
Governor Diy cannot refuse to run in the be filled by a nomination and
recall election. He is automatically certificate of membership of the
considered as a duly registered appointee from the highest
candidate. (Section 71, Local official of the political party.
Government Code). (must be filled with someone who
belongs to the political party to
ALTERNATIVE ANSWER:
maintain the party representation
YES, Governor Diy is not compelled to as willed by the people in the
run in a recall election. Recall election is election).
called because the electorate has lost
confidence to the elective official. He 2. If Benito is not affiliated with a
may instead resign from his position. political party, the vacancy shall
Page 73 of 168
be filled by the PRESIDENT without the need of any other law is an

through the executive secretary. authorized exercise
ALTERNATIVE ANSWER:
TRUE. The confiscation of driver’s

ARTICLE X Local license by MMDA is part of its executive
function to enforce the law.
Government
Boundary Dispute Resolution; LGU; RTC

(2010)
Internal Revenue Allotment Fund (2007)
No.XIII.c. Boundary disputes between and

No. VIII. The Provincial Governor of
among municipalities in the same province
Bataan requested the Department of
may be filed immediate with the RTC
Budget and Management (DBM) to
SUGGESTED ANSWER:
release its Internal Revenue Allocation
FALSE. Should be referred for settlement (IRA) of P100 million for the current
to the SANGGUNIANG PANLALAWIGAN
budget year. However, the General
concerned (see. Sec. 118, RA No.7160;
Appropriations Act provided that the
Municipality of Sta. Fe vs. Municipality
IRA may be released only if the province
of Artao, 533 SCRA 586 [2007]).
meets certain conditions as determined
by an Oversight Council created by the
Confiscation of Driver’s License; MMDA President.
(2010)
(a) Is this requirement valid?
No.XIII.d. The MMDA is authorized to
confiscate a driver’s license in the SUGGESTED ANSWER:
enforcement of traffic regulations.(0.5%) No, this requirement is not valid. Under
SUGGESTED ANSWER: the 1987 Constitution, it is provided
that “local government units shall have
False. Since Republic Act No. 7924 does
a just share, as determined by law, in the
not grant the Metropolitan manila
national taxes which shall be
Development Authority to enact
automatically released to them.” As held
ordinances, the grant to it by Section
in the case of Alternative Center for
5(f) of Republic Act No. 7924 of the
Organizational Reforms and
power to confiscate driver’s license
Development, et.al. v. Zamora, G.R. No.
144256 (June 08, 2005), a basic feature
Page 74 of 168
of local fiscal autonomy is the automatic (b) De facto municipal corporation

release of the shares of LGUs in the SUGGESTED ANSWER:
national internal revenue. The Local
DE FACTO MUNICIPAL CORPORATION –
Government Code specifies further that
De facto municipal corporation is a
the release shall be made directly to the
public corporation that exists although
LGU concerned within five (5) days after
it has not complied with the statutory
every quarter of the year and “shall not
requirements like:
be subject to any lien or holdback that
may be imposed by the national a. Authorization by a valid law
government for whatever purpose.” b. A colorable and bona fide attempt to
organize under a valid law
(b) The Provincial Governor is a party-mate c. An assumption of powers conferred
of the President. May the Bataan under the law
Representative instead file a petition to It primarily attends to the needs of the
compel the DBM to release the funds? general welfare.
SUGGESTED ANSWER:
(c) Municipal corporation by estoppels
Yes. A congressman from a particular
SUGGESTED ANSWER:
LGU may validly have standing to
demand that IRA for his province be MUNICIPAL CORPORATION BY
released in accordance with the ESTOPPELS- A municipal corporation by
Constitution and the Local Government estoppels is a corporation which is so
Code. As a representative of his defectively formed as not to be a de
province, he has a responsibility towards facto corporation but is considered a
his constituencies who can expect no corporation in relation to someone who
less than faithful compliance with the dealt with it and acquiesced in its
Constitution. Moreover, the issue exercise of its corporate functions or
presented could be characterized as entered into a contract with it. (Martin,
involving transcendental importance to Public Corporations, 1985 ed.,p.20)
the people and the local government
units which had been guaranteed greater
local autonomy.
Ordinance Validity; Disapproval (2009)
No. III. The Municipality of Bulalakaw,
Municipal Corporation; De facto vs. Leyte, passed ordinance no. 1234,
Estoppel (2010) authorizing the expropriation of two parcels
No.XX Define/Explain of land situated in the poblacion as the site
Page 75 of 168
of a freedom park, and appropriating the Ordinance Validity; Regulation of Disco

funds needed therefor. Upon review, the Pubs (2010)
Sangguniang Panlalawigan of Leyte
No. XXI The Sangguniang Panlungsod of
disapproved the ordinance because the
Pasay City passed an ordinance requiring
municipality has an existing freedom park
all disco pub owners to have all their
which, though smaller in size, is still
hospitality girls tested for the AIDS virus.
suitable for the purpose, and to pursue
Both disco pub owners and the hosptitality
expropriation would be needless
girls assailed the validity of the ordinance
expenditure of the people’s money. Is the
for being violative of their constitutional
disapproval of the ordinance correct?
rights to privacy and to freely choose a
Explain you answer. (2%).
calling or business. Is the ordinance valid?
SUGGESTED ANSWER: Explain.
The Local Government Unit can exercise SUGGESTED ANSWER:

the power of eminent domain only
The ordinance is a valid exercise of
pursuant to an ordinance. Ordinances
police power. The right to privacy yields
passed by legislative body of a
to certain paramount rights of the public
municipality are subject to review by the
and defers to the exercise of police
Sangguniang Panlalawigan. The review
power. The ordinance is not prohibiting
by the SP is only to determine whether
the disco pub owners and the hospitality
or not the ordinance is beyond the power
girls from pursuing their calling or
conferred upon the Sanguniang Bayan
business but is merely regulating it.
(Municipality). The SP will declare the
(Social Justice Society vs. Dangerous
ordinance invalid if it goes beyond the
Drugs Board, 570 SCRA 410 [2008]). This
power granted to it.
ordinance is a valid exercise of police
The power of eminent domain is granted power, because its purpose is to
to the Municipality and it is within their safeguard public health. (Beltran vs.
competence to determine the necessity Secretary of Health, 476 SCRA 168
to expropriate private property for public [2005]).
purpose. This determination is not
ALTERNATIVE ANSWER:
within the review powers of the SP.
Jurisprudence dictates that an
Therefore, the disapproval of the
ordinance to be a valid exercise of police
ordinance is incorrect.
power it:
Page 76 of 168
1. Must not contravene the 2, Local Government Code; Department

constitution; of Agrarian Reform vs. Polo Coconut
2. Must not be unfair nor oppressive; Plantation Company, Inc., 564 SCRA
3. Must be reasonable; 78[2008]).
4. Must not prohibit what is allowed
but may regulate;
5. Must be applicable within its
ARTICLE XI Accountability
territorial jurisdiction or limits
6. Must be general in application of Public Officers
and consistent with public policy
Discipline; Preventive Suspension (2009)
7. And that the interest of the
general public requires the Maximo, an employee of the Department of
interference and that the means education, is administratively charged with
employed is reasonably necessary dishonesty and gross misconduct. During
for the accomplishment of its the formal investigation of the charges, the
purpose Secretary of Education preventively
Under the present case, the objective of suspended him for a period of 60 days. On
the ordinance is to secure the health and the 60th day of the preventive suspension,
safety of its populace. AIDS is an the Secretary rendered a verdict, finding
incurable disease that is very harmful to Maximino guilty, and ordered his
the health. However, how good the immediate dismissal from the service.
intention is the exercise of police power
Maximino appealed to the Civil Service
is not absolute. The interference has to
Commission which affirmed the Secretary’s
be lawful which is absent in the present
decision. Maximo then elevated the matter
case.
to the Court of Appeals. The CA reversed
the CSC decision, exonerating Maximino.
The secretary of education then petitions
Reclassification of Land (2010)
the Supreme Court for the review of the CA
No.XIII.b. Re-classification of land by a local decision.
government unit may be done through a
(a) Is the Secretary of Education a proper
resolution.
party to seek the review of the CA decision
SUGGESTED ANSWER:
exonerating Maximino? Reasons (2%)
FALSE. Re-classification of land must be SUGGESTED ANSWER:
done through an ORDINANCE ( Section
Page 77 of 168
The Secretary of Education is not the preventive suspension, he was not yet
proper party to seek review of the out of service. However, he is entitled to
decision of the Court of Appeals, because back wages from the time of his
he is the one who heard the case and dismissal until his reinstatement. The
imposed the penalty. Being the enforcement of the dismissal pending
disciplinary authority, the Secretary of appeal was punitive, and he was
Education should be impartial and exonerated (Gloria vs. Court of Appeals,
should not actively participate in 306 SCRA 287 [1999]).
prosecuting Maximino (National
Appellate Board of the National Police
Commission vs. Mamauag, 446 SCRA Impeachment; Grounds (2013)
624 [2005]).
No.V. As a leading member of the Lapiang
(b) If the SC affirms the CA decision, is
Mandirigma in the House of
Maximino entitled to recover back salaries
Representatives, you were tasked by the
corresponding to the entire period he was
party to initiate the moves to impeach the
out of the service? Explain your answer.
President because he entered into an
(3%)
executive agreement with the US
SUGGESTED ANSWER:
Ambassador for the use of the former Subic
As a general rule, Maximo is not entitled Naval Base by the US Navy, for free, i.e.,
to recover back salaries corresponding to without need to pay rent nor any kind of
the entire period he was out of the fees as a show of goodwill to the U.S.
service because of the NO WORK NO PAY because of the continuing harmonious RP-
RULE. But if it is found that he is US relations.
illegally dismissed or suspended he is

Cite at least two (2) grounds for
entitled to back wages and other
impeachment and explain why you chose
monetary benefits from the time of his
them. (6%)
illegal dismissal or suspension up to his
reinstatement.
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
The President can be impeached for
Maximo cannot recover back salaries culpable violation of the Constitution
during his preventive suspension. The and betrayal of public trust. The
law does not provide for it. Preventive Supreme Court has already ruled that
suspension is not a penalty. During the the provision in Article XVIII, Section 25
Page 78 of 168
of the Constitution requires a treaty Act), that one corrupt practice of a

even for the mere temporary presence of public officer includes knowingly
foreign troops in the Philippines (Bayan approving or granting any license,
vs. Zamora, 342 SCRA 499). The permit, privilege or benefit in favor of
President cannot claim, therefore, that any person not qualified for or not
he acted in good faith. (Report of the legally entitled to such license, permit,
Special Committee in the Impeachment privilege or advantage, or of a mere
of President Quirino, Congressional representative or dummy of one who is
Record of the House of Representatives, not so qualified or entitled. Since the
Vol. IV, p. 1553). Betrayal of public trust President gave the U.S. Navy the
includes violation of the oath of the privilege to use the former Subic Naval
office of the President (Record of the Base for free without need to pay rent
Constitutional Commission, Vol. II, nor any kind of fees.
p.272). In his oath of office, the
President swore to preserve and defend (2) Culpable Violation of the
the Constitution (Article VII, Section 5 Constitution. The president knowingly
of the 1987 Constitution). violated the provision stated in Section
11, Article XII of the Constitution which
ALTERNATIVE ANSWER: provides that no franchise, certificate, or
any other form of authorization for the
The President can be impeached for
operation of a public utility shall be
culpable violation of the Constitution
granted except to citizens of the
and graft and corruption (Article XI,
Philippines or to corporations or
Section2). By entering into the executive
associations organized under the laws of
agreement, the President violated
the Philippines at least sixty per centum
Section 3(d) of the Anti-Graft and
of whose capital is owned by such
Corrupt Practices Act because of the
citizens, nor shall such franchise,
injury to the Republic of the Philippines.
certificate, or authorization be exclusive
ALTERNATIVE ANSWER: in character or for a longer period than
50 years.
The two grounds for impeachment
suitable to the case of the president are:
Impeachment; Purpose; Grounds (2012)
(1) Graft and Corruption. It is stated
under Section 3(j) of Republic Act No. No. II.A verified impeachment complaint
3019 (Anti-Graft and Corrupt Practices was filed by two hundred (200) Members of
Page 79 of 168
the House of Representatives against The purpose of impeachment is not to

Madam Chief Justice Blue. The complaint punish but only to remove a public
was immediately transmitted to the Senate officer to secure the people against gross
for trial. political misdemeanors. (Bernas, The
1987 Constitution of the Philippines, A
(a) Madam Chief Justice Blue challenges Commentary, 2009 ed., p. 1150.)
such immediate transmittal to the Senate Conviction does not prevent further
because the verified complaint 1) not prosecution and punishment. The person
included in the order of business of the convicted is subject to prosecution and
House, 2) was not referred to the House punishment according to law. (Section
Committee on Justice for hearing and 3(7), Article XI of the Constitution.)
consideration for sufficiency in form and
substance, and 3) was not submitted to the (c) Enumerate the grounds for
House Plenary for consideration as impeachment. Is graft and corruption a
enumerated in Paragraph (2), Section 3, ground for impeachment? (2%)
Article XI of the 1987 Constitution. Decide
with reasons. (5%) SUGGESTED ANSWER
SUGGESTED ANSWER The following are the grounds for

impeachment:
Since he verified complaint was filed by
200 Members of the House of 1) Culpable violation of the
Representatives and they constituted at Constitution;
least one third of its Members, it need 2) Treason;
not undergo the procedure in Paragraph 3) Bribery;
2, Section 3, Article XI of the 4) Graft and Corruption;
Constitution. The verified complaint 5) Other high crimes; and
constitutes the Articles of Impeachment, 6) Betrayal of public trust
and trial by the Senate should proceed

forthwith (Section 3(4), Article XI of the
Constitution). Ombudsman; Power to Impose Penalties
(2009)
(b) What is the purpose of Impeachment?
Does conviction prevent further prosecution No.XI.d. Decisions of the Ombudsman
and punishment? Explain. (3%) imposing penalties in administrative
disciplinary cases are merely
SUGGESTED ANSWER recommendatory.
Page 80 of 168
SUGGESTED ANSWER: Education; Academic Freedom (2013)
FALSE. Under Section 15(3) of the No.VIII. Bobby, an incoming third year
Ombudsman Act, the Ombudsman has college student, was denied admission by
the power to ensure compliance with the his university, a premiere educational
imposition of penalty on public officers institution in Manila, after he failed in three
it finds at fault by virtue of its (3) major subjects in his sophomore year.
disciplinary authority (Office of the The denial of admission was based on the
Ombudsman vs. Madriaga, 503 SCRA 631 university's rules and admission policies.
[2006]).
Unable to cope with the depression that his
non-admission triggered, Bobby committed
suicide. His family sued the school for
ARTICLE XII National
damages, citing the school's grossly
Economy and Patrimony unreasonable rules that resulted in the
denial of admission. They argued that these
Acquisition of Lands (2009)
rules violated Bobby's human rights and
No.XI. a. Aliens are absolutely prohibited the priority consideration that the
from owning private lands in the Constitution gives to the education of the
Philippines. youth.
SUGGESTED ANSWER:
You are counsel for the university. Explain
FALSE. Aliens can acquire private lands your arguments in support of the
in the Philippines through hereditary university's case. (6%)
succession (intestate succession only
[Sec. 7, Art. XII]) and former natural-born SUGGESTED ANSWER:
citizens can also be a transferee but with
limitations. 5,000 square meters for I shall argue that under Article XIV,
urban and 3 hectares for rural (Sec.8 Art. Section 5(2) of the 1987 Constitution,
XII). the educational institution enjoys

academic freedom. Academic freedom
includes its rights to prescribe academic
standards, policies and qualification for
ARTICLE XIV Education,
the admission of a student (University of
Science, and Technology, San Agustin, Inc. vs. Court of Appeals,
230 SCRA 761).
Arts
Page 81 of 168
ALTERNATIVE ANSWER: The Constitution provides that every

citizen has the right to select a
The claim of Bobby’s family is not
profession or a course of study, subject
meritorious. It is provided under Section
to a fair, reasonable and equitable
5(2), Article XIV of the 1987
admission and academic requirements.
Constitution that Academic Freedom
shall be enjoyed in all institutions of Although the freedom to choose a
higher learning. Colleges, publicly- or profession can be regulated, the
privately-owned, if they offer collegiate limitation should not be oppressive,
courses, enjoy academic freedom. unreasonable and unfair so as to restrict
From the standpoint of the educational the freedom of choice. It is not for the
institution, the university has the State to decide what a student would
freedom to determine “who may teach; take up in college. But if it were for
what may be taught, how it shall be national security in order to defend the
taught; and who may be admitted to State then a compulsory rendition of
study” (Sweezy v. State of New military service may be made through a
Hampshire, 354 U.S. 234). law.
Education; Academic Freedom (2007)

Education; Academic Freedom (2008)
No.I (b) The 1987 Constitution has

No.XVII. As a reaction to the rice shortage
increased the scope of academic freedom
and the dearth of mining engineers.
recognized under the previous Constitution.
Congress passed a law requiring graduates
SUGGESTED ANSWER:
of public science high schools henceforth to
take up agriculture or mining engineering The statement is true. The 1987
as their college course. Several students Constitution provides that academic
protested, invoking their freedom to choose freedom shall be enjoyed in all
their profession. Is the law constitutional? institutions of higher learning. This is
more expansive in scope than the 1973
SUGGESTED ANSWER:
Constitution which stated that: All
The law is unconstitutional because institutions of higher learning shall
creating occupation against the will of enjoy academic freedom. While the 1973
the student in making a living is a form Charter suggests that academic freedom
of involuntary servitude, not was institutional in the sense that it
constitutionally encourage. belonged to the colleges and
Page 82 of 168
universities, the present Charter gives official languages of the Philippines are
the guaranty to all other components of Filipino and, until otherwise provided by
the institution, including faculty and law, English.” Thus, while Filipino will
possibly students. always be an official language, Congress
may, by law, remove English as the other
ALTERNATIVE ANSWER:
official language. Hence, the statement
The statement is false. The scope of
is false as the continuation of English as
academic freedom remains the same.
an official language is subject to the
Article XIV, Section 5 (2) of the
control and discretion of Congress.
Constitution provides that academic
ALTERNATIVE ANSWER:
freedom shall be enjoyed in all
institutions of higher learning. As held The statement is true. To be more
in U.P. Board of Regents v. Court of precise, however, what is only to remain
Appeals, G.R. No. 134629, August 31, as official until otherwise provided by
1999, “This (provision) is nothing new. law is English. Filipino will always be an
The 1935 and the 1973 official language under the Charter.
Constitution likewise provided for
academic freedom or, more precisely, for
Education; Teaching of Religion (2010)
the institutional autonomy of
universities and institutions of higher No. XIX. To instill religious awareness in
learning.” the Students of Dona Trinidad High School,
a public school in Bulacan, the Parent-
Teacher’s Association of the school
contributed funds for the construction of a
Education: Communication and
grotto and a chapel where ecumenical
Instruction (2007)
religious services and seminars are being
No.I. (a) For purposes of communication held after school hours. The use of the
and instruction, the official languages of school grounds for these purposes was
the Philippines are English and Filipino, questioned by a parent who does not belong
until otherwise to any religious group. As his complaint
SUGGESTED ANSWER: was not addressed by the school officials,
he filed an administrative complaint against
The statement is false. Article XIV,
the principal before the DECS. Is the
Section 7 of the 1987 Constitution
principle liable?
provides that for “purposes of
communication and instruction, the SUGGESTED ANSWER:
Page 83 of 168
The principal is liable. Although the However, 100% foreign owned

grotto and the chapel can be used by educational institution may be
different religious sects without established here in the Philippines for
discrimination, the land occupied by the religious groups and mission boards.
grotto and the chapel will be
permanently devoted to religious use
without being required to pay rent. This Education: Scholarship Grants (2007)
violates the prohibition against the
No. IX. The Department of Education
establishment of religion enshrined in
Section 5 of the Bill of Rights. (Opinion (DepEd) requires that any school applying
for a tuition fee increase must, as a
No.12 of the Secretary of Justice dated
condition for the increase, offer full tuition
February 2, 1979). Although religion is
allowed to be taught in public scholarships to students from low-income
families. The Sagrada Familia Elementary
elementary and high schools, it should
School is a Catholic school and has applied
be without additional cost to the
government. (Section 3(3), Article XIV of for a tuition fee increase. Under this
regulation by the DepEd, it will end up
the Constitution).
giving tuition scholarships to a total of 21
students next year. At a cost of P50,000 per
student, the school will lose a total of P1.05
Education; Foreign Ownership (2009)
million for next year.
No.I.d. An educational institution 100% a. Is this DepEd requirement valid?
foreign-owned may be validly established in SUGGESTED ANSWER:
the Philippines. The requirement is valid. Under Section
SUGGESTED ANSWER: 7 of Presidential Decree No. 451, as a
condition to the grant of any increase in
TRUE. If it is established by religious
tuition, private schools with a total
groups and mission boards. (Sec.4(2),
enrollment at least 1,000 are required to
Art. XIV).
provide scholarships to poor but
As a general rule, educational institution deserving students at the rate of one
must be owned exclusively to citizens of scholarship for every 500 students
the Philippines or qualified corporation enrolled.
at least 60% of the capital of which is ALTERNATIVE ANSWER:
owned by Filipino citizen. No. It constitutes deprivation of
property without due process of law. The
law is confiscatory as it unduly shifts the
Page 84 of 168
burden of providing for the welfare of the Education; Study of Religion (2008)
poor to the private sector. The objective
No.XV. The principal of Jaena High School,
may be laudable but the means would be
a public school, wrote a letter to the
arbitrary and unreasonable. (Quezon City
parents and guardians of all the school’s
v. Judge Ericta, G.R. No. 34195, June
pupils, informing them that the school was
24, 1983).
willing to provide religious instruction to its
Catholic students during class hours,
b. If instead the DepEd requires a full
through a Catholic priest. However,
tuition scholarship for the highest ranking
students who wished to avail of such
students in each grade, determined solely
religious instruction needed to secure the
on the basis of academic grades and rank,
consent of their parents and guardians in
will the DepEd requirement be valid?
writing.
SUGGESTED ANSWER:
No, would still constitute a deprivation (a) Does the offer violate the constitutional
of property without due process of law. prohibition against the establishment of
(Balacuit v. CFI, G.R. no. 38429, June religion?
30, 1988). SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
No. the offer is valid, under the
Yes. Here, the matter may be considered
constitution, at the option expressed in
as a reasonable regulation exacted from
those who seek some form of writing by the parents or guardians,
religion shall be allowed to be taught to
accommodation from the government.
their children or wards in public
(Telebap v. COMELEC, G.R. No. 132922,
elementary and high schools within the
April 21, 1998). In exchange for what
regular class hours by instructors
they get as a concession from the State,
designated or approved by the religious
these institutions may be required to
shoulder part of the cost of promoting authorities of the religion to which the
children or wards belong, without
quality education for deserving citizens.
additional cost to the Government (Sec.
ALTERNATIVE ANSWER:
3(3), Art. XIV).
The requirement will be void, because
under section 7 of Presidential Decree
No. 44, the grant of scholarships by the (b) The parents of evangelical Christian
students, upon learning of the offer,
private schools to the students with
demanded that they too be entitled to have
scholastic distinctions is left to the
their children instructed in their own
determination of the private schools.
religious faith during class hours. The
Page 85 of 168
principal, a devout Catholic, rejected the TRUE. Under the constitution, Congress
request. As counsel for the parents of the may, by law, adopt a NEW NAME FOR
evangelical students how would you argue THE COUNTRY, A NATIONAL ANTHEM,
in support of their position? (3%) OR A NATIONAL SEALS, which shall all
SUGGESTED ANSWER: be truly reflective and symbolic of the
ideals, history and traditions of the
The rejection made by the principal is in
people. Such law shall take effect only
violation equal protection of the laws.
upon its ratification by the people in a
The option given by the constitution to
NATIONAL REFERENDUM (Section 2,
teach religion in public schools is
Article XVI of the Constitution).
without distinction to what religion
should only be taught. It does not
discriminate neither should the
principal. ARTICLE XVII Amendments
For classification to be valid the

or Revisions
following requisite must be present:
Amendments (2007)
a. Classification is based on
substantial distinction No. VI.a. An amendment to the Constitution
b. It must be germane to the shall be valid upon a vote of three-fourths
purpose of the law of all the Members of the Congress.
c. Must apply equally to all
members of the same class SUGGESTED ANSWER:
d. Not limited to existing The statement is false. First, an
conditions amendment proposed by Congress must
be approved by at least three-fourths
(3/4) vote of the members of the Senate
ARTICLE XVI General and of the House of Representatives
Provisions voting separately. It is inherent in a

bicameral legislature for two houses to
National Anthem (2009) vote separately (II Record of the
Constitutional Commission 493).
No.I. a. A law making “Bayan Ko” the new
Second, the amendment shall be valid
national anthem of the Philippines, in lieu
only when ratified by a majority of the
of Lupang Hinirang is constitutional.
votes cast in a plebiscite (Constitution,
SUGGESTED ANSWER:
Art. XVII, sec.4).
Page 86 of 168
PUBLIC INTERNATIONAL
Amendments; People’s Initiative (2009)

LAW
No.XVIII. What are the essential elements of Basic Principles; Reparation (2007)
a valid petition for a people’s initiative to

No. IV. In 1993, historians confirmed that
amend the 1987 constitutions?
during World War II, "comfort women" were
SUGGESTED ANSWER: forced into serving the Japanese military.

These women were either abducted or lured
The essential elements of a valid by false promises of jobs as cooks or
petition for a people’s initiative are: waitresses, and eventually forced against
their will to have sex with Japanese soldiers
1. The people must author and sign
on a daily basis during the course of the
the entire proposal; no agent or
war, and often suffered from severe
representative can sign in their
beatings and venereal diseases. The
behalf;
Japanese government contends that the
2. The proposal must be embodied in
"comfort stations" were run as "onsite
the petition; and
military brothels" (or prostitution houses)
3. The number of people who
by private operators, and not by the
petitioned must be at least 12%
Japanese military. There were many
of the total number registered
Filipina "comfort women."
voter, of which every legislative
district must be represented by at
a. Name at least one basic principle or
least 3% of the registered voter
norm of international humanitarian law
therein.
that was violated by the Japanese military
4. Any amendment through people’s
in the treatment of the "comfort women."
initiative shall be valid when
SUGGESTED ANSWER::
ratified by a majority of the votes
The treatment of “comfort women” by
cast in a plebiscite which shall be
the Japanese military violated Article
held not earlier than 60 days nor
XXVII of the Geneva Convention (IV),
later than 90 days after the
which provides that: “Women shall be
certification by the Commission
especially protected against any attack
on Election of the sufficiency of
on their honour, in particular against
the petition.
rape, enforced prostitution, or any form
of indecent assault.”
ALTERNATIVE ANSWER:
Page 87 of 168
The treatment of “comfort women” by SUGGESTED ANSWER:

the Japanese military violated Article III The defense is not valid. Under the
of the Geneva Convention (IV) which preamble of San Francisco Treaty, Japan
prohibits outrages upon personal dignity Undertook to conform to the protection
in particular humiliation and degrading and observance of human rights. The
treatment. San Francisco Treaty must yield to the
ALTERNATIVE ANSWER: United Nations Charter which provides
The principle of military necessity was for respect of human rights. Article 103
violated. It prohibits the use of any of the United Nations Charter provides
measure that is not absolutely necessary that the obligation of the member-States
for the purposes of the war. Military prevail over any other international
necessity is governed by several agreement. The waiver in Article 14(a) of
constraints: An attack or action must be the San Francisco Treaty is qualified by
intended to help in the military defeat of Article 14(b), which stated that Japan
the enemy, it must be an attack on a had no resources presently sufficient to
military objective and the harm caused make complete reparation for all such
to civilians or civilian property must be damages and sufferings and meet its
proportional and not excessive in other obligations. Thus the waiver was
relation to the concrete and direct operative only while Japan had
military advantage anticipated. Having inadequate resources.
to force women of the enemy state to ALTERNATIVE ANSWER:
serve the sexual needs of the soldiers is No, that is not a valid defense. Even if it
not absolutely necessary for the conduct could be argued that the Philippines, by
of the war. signing said Peace Agreement had the
right as a state to bring further claims, it
b. The surviving Filipina "comfort women" had no authority to waive the individual
demand that the Japanese government right to reparations vested directly in its
apologize and pay them compensation. nationals who were victims of sexual
However, under the 1951 San Francisco slavery. The Philippines can only validly
Peace Agreement -the legal instrument that waive its right to recovery of reparations
ended the state of war between Japan and for injuries to the state. Moreover, there
the Allied Forces -all the injured states, is no defense for the violation of jus
including the Philippines, received war cogens norms.
reparations and, in return, waived all ALTERNATIVE ANSWER:
claims against Japan arising from the war. No. The claim is being made by the
Is that a valid defense? individuals, not by the State and it is
Page 88 of 168
recognized that individuals may also be sovereign can ask his own government
subjects of international law apart from to espouse his cause through diplomatic
the state. Further, the San Francisco channels. The “comfort women” can
Peace Agreement could not be request the Philippine government,
interposed as a valid defense as this through the Department of Foreign
could not have been contemplated Affairs, to espouse its claims against the
therein. The use of “comfort women” Japanese government. (Holy See v.
was only confirmed long after that Rosario, G.R. No. 101949, December 1,
Agreement. Moreover, Article 17 (3) of 1994). The sovereign authority of a State
the New Civil Code provides that to settle the claims of its national
“prohibitive laws concerning persons, against foreign countries has repeatedly
their acts or property, and those which been recognized. This may be made
have for their object public order, policy without the consent of the nationals or
and good customs, shall not be rendered even without consultation without them.
ineffective by laws or judgments (Dames and Moore v. Regan, 433 U.S.
promulgated, or by determinations or 654, [1981])
conventions agreed upon in a foreign ALTERNATIVE ANSWER:
country. No. since the Philippines is a signatory
to that Agreement, courts may not
c. The surviving Filipina "comfort women" entertain a suit since that has been
sue the Japanese government for damages waived by the State. Moreover, it can be
before Philippine courts. Will that case argued that there was no state action
prosper? since the prostitution houses were being
SUGGESTED ANSWER: run by private operators, without the
The Filipina “comfort women” cannot control or supervision of the Japanese
sue Japan for damages, because a foreign government. (Southeast Case, United
State may not be sued before Philippine States v. Wilhelm List, Nuremberg Case
courts as a consequence of the principles No. 7, 1949)
of independence and equality of States
(Republic of Indonesia vs. Vinzon, 405
Concept of Association (2010)
SCRA 126 [2003]).
ALTERNATIVE ANSWER: No. XXVII What is the concept of
The case will not prosper in view of the association under international law?
doctrine of sovereign immunity from
Under international law, an association
suit. However, a person who feels
is formed when two states of unequal
aggrieved by the acts of a foreign
Page 89 of 168
power voluntarily establish durable links. counter to the national sovereignty and
In the basic model, one state, the territorial integrity of the Republic.
associate, delegates certain (Province of North Cotabato v. GRP
responsibilities to the other, the Peace Panel on Ancestral Domain, G.R.
principal, while maintaining its No. 183591, Oct. 14, 2008)
international status as a state. Free
associations represent a middle ground
Extradition: Double Criminality (2007)
between integration and independence.
No. III. Lawrence is a Filipino computer
Association under international Law, is a
expert based in Manila who invented a
formal arrangement between a non-self-
virus that destroys all the files stored in a
governing territory and independent
computer. Assume that in May 2005, this
State whereby such territory becomes an
virus spread all over the world and caused
associated State with internal self-
$50 million in damage to property in the
government, but the independent state
United States, and that in June 2005, he
is responsible for foreign relations and
was criminally charged before United States
defense.
courts under their anti-hacker law. Assume
For an association to be lawful, it must that in July 2005, the Philippines adopted
comply with the general conditions its own anti-hacker law, to strengthen
prescribed in the UN General Assembly existing sanctions already provided against
Resolution 1541 (XV) of 14 December damage to property. The United States has
160: (1) the population must consent to requested the Philippines to extradite him
the association; and (2) the association to US courts under the RP-US Extradition
must promote the development and well- Treaty.
being of the dependent state (the non-
self-governing territory). Association a. Is the Philippines under an obligation to
subject to UN approval. extradite Lawrence? State the applicable
rule and its rationale.
In deciding the constitutionality of the
SUGGESTED ANSWER:
Memorandum of Agreement on the
The Philippine is under no obligation to
Ancestral Domain (MOA-AD) Aspect of
extradite Lawrence. Under the principle
the GRP-MILF Tripoli Agreement on
of dual or double criminality, the crime
Peace of 2001, the Supreme Court had
must be punishable in both the
ruled that the concept of association
requesting and requested states to make
under international law is not recognized
it extraditable. In this case, only the
under the 1987 Constitution as it runs
United States had anti-hacker law at the
Page 90 of 168
time of the commission of the crime in The Philippines is under no obligation to

May 2005. The rational for the principle extradite Lawrence. The rule is that the
of dual criminality rests “in part on the crime must be punishable in both
basic principle of reciprocity” and “in countries at the time of the commission
part of the maxim nulla poena sine lege.” of the offense. Since there was yet no
(LA Shearer, 1971 Extradition in such crime in the Philippines at the time
International Law, Manchester when the acts complained of were done,
University Press, Manchester, p. 137.) in so far as the Philippines is concerned,
ALTERNATIVE ANSWER: Lawrence did not commit any crime;
Even if there was no anti-hacker law in hence, an extradition of Lawrence is
the Philippines when the United States tantamount to an ex post facto
requested the extradition of Lawrence, if application of the Philippine anti-hacker
the act is similar to malicious mischief law, prohibited by section 22, Article III
under Article 327 of the Revised Penal of the 1987 Constitution.
Code, The Philippines will be under the
obligation to extradite Lawrence (Coquia
Genocide (2010)
and Defensor, International law and
World Organizations, 4th ed. P.342). No. I. The dictatorial regime of the President
A of the Republic of Gordon was toppled by
b. Assume that the extradition request was a combined force led by Gen. Abe, former
made after the Philippines adopted its anti- royal guards and the secessionist Gordon
hacker legislation. Will that change your People’s Army. The new government
answer? constituted a Truth and Reconciliation
SUGGESTED ANSWER: Commission to look into the serious crimes
The Philippines will be under the committed under President A’s regime. After
obligation to extradite Lawrence. Both the hearings, the Commission
the Philippines and the United States recommended that an amnesty law be
have an anti-hacker law. The passed to cover even those involved in mass
requirement of double criminality is killings of members of indigenous groups
satisfied even if the act was not criminal who opposed President A. International
in the requested state at the time of its human rights groups argued that the
occurrence if it was criminal at the time proposed amnesty law is contrary to
that the request was made (Bassouni, international law. Decide with reasons. (4%)
International Extradition, 4th ed. p.469).
ALTERNATIVE ANSWER:
Page 91 of 168
SUGGESTED ANSWER: Thus, Republic of Gordon has the

The proposed amnesty law is contrary to obligation under international law to
international law. prosecute and punish all those involved
in the mass killing of the members of the
The indigenous group may constitute an indigenous group and providing amnesty
ethnic group which is protected by the to those involved is violative of this
law on Genocide. If the mass killing was obligation.
committed with the intent to destroy
(dolusspecialis) the said ethnic group as
such, in whole or in part, then the crime Hard Law vs. Soft Law (2008)
of Genocide was committed. The
No.I b. Under the International law,
international norm for the prevention,
prosecution and punishment of Genocide differentiate hard law from soft law. (3%)
SUGGESTED ANSWER:
is a peremptory (just cogens) norm of
international law and, therefore, non- Hard law refers to binding international
derogable. (Prosecutor v. Blagojevic and legal norms or those which have coercive
Jokic, ICTY, January 17, 2005) character. Examples of hard law are the
provisions of the:
Even if the mass killing was not a. UN Charter
committed with the dolusspecialis to b. The Vienna convention on
destroy the ethnic group as such, the diplomatic relations
same may still constitute the Crime c. The Geneva Conventions of
Against Humanity of Extermination if 1949
the mass killing was widespread and Soft law refers to norms that are non-
systematic or the War Crime of binding in character. Soft law usually
Intentionally Attacking Civilians if the serves as a precursor of hard law. the
same took place in the context of or was Universal Declaration of Human Rights
associated with an armed conflict. The (UDHR) is one such example. It was a
norm for the prevention, prosecution soft law when it was adopted by
and punishment of crimes against resolution of the UN General Assembly in
humanity and war crimes are also 1948, but it has led to the development
customary norms of international and of Hard Law with the adoption of 2
therefore binding on all States. binding covenants on human rights, ie.,
(Prosecutor v. Stakic, ICTY, July 31, the ICCPR and ICESC.
2003)
Examples of soft law are:
Page 92 of 168
a. Resolutions of the UN General intrauterine devices and surgical

Assembly sterilization. As a result, poor women in his
b. Draft of the International Law city lost their access to affordable family
Commision. planning programs. Private clinics,
however, continue to render family
ALTERNATIVE ANSWER: planning counsel and devices to paying
clients.
b) “Hard Law” refers to international
agreements formalized as treaties,
(b) Is the Philippines in breach of any
established customary international law
obligation under international law? Explain.
and generally accepted principles
SUGGESTED ANSWER:
common to the major legal systems of
The acts of the City Mayor may be
the world.
attributed to the Philippines under the
“Soft Law” has reference to principle of state responsibility Article

international agreements not covered by 26 of the International Covenant on
treaties and therefore not covered by the Civil and Political rights requires that
Vienna Convention. They are sometimes Philippine law shall prohibit any
referred to as “non-treaty agreements” discrimination and shall guarantee to all
or emerging law. In addition “Soft Law” persons equal and effective protection
also refers to administrative rules which against discrimination on any ground
guide the practice of states in relation to such as social origin, birth or other
international organizations. status. The Executive Order of the City

(Pharmaceutical Health care Assn. vs. Mayor discriminates against poor
Duque, G.R. No. 173034, Oct. 9, 2007.) women.
ALTERNATIVE ANSWER:
The Philippines is in breach of its
Human Rights; Civil and Political Rights obligations under the Convention on the
(2007) Elimination of All Forms of

Discrimination Against Women (CEDAW)
No. II. The City Mayor issues an Executive of which the country is a signatory.
Order declaring that the city promotes Under the CEDAW, “ State Parties shall
responsible parenthood and upholds take all appropriate measures to
natural family planning. He prohibits all eliminate discrimination against women
hospitals operated by the city from in the field of health care inorder to
prescribing the use of artificial methods of ensure, on basis of equality of men and
contraception, including condoms, pills, women, access to health care services,
Page 93 of 168
including those related to family a. Subject to derogation when national

planning” (Article 12, Section 1) Women security is threatened
shall likewise have “access to adequate b. Confined only during custodial
health care facilities, including investigation
information, counseling and services in c. Which is non-derogable both during
family planning.” (Article 14, Section peacetime and in a situation of
2[b]). armed conflict
ALTERNATIVE ANSWER: d. Both (a) and (b)
The Philippines is not in breach of any e. None of the above
obligation under international law. The SUGGESTED ANSWER:
protection of the life of the unborn from
C. “Freedom from torture is a right
conception is consistent with Article
which is non-derogable both during
6(1) of the Convention on the Rights of
peacetime and in a situation of armed
the Child, which Recognizes the
conflict.”
inherent life of every child. While Article
24(2)(f) of the Convention of the Rights
Article 2(2) of the U.N. Convention
of the Child requires that States Parties
Against Torture provides that “No
to develop family planning, education,
exceptional circumstances whatsoever,
and services and Article 10(h), Article
whether a state of war or a threat of war,
12(2) and Article 14(b) of the Convention
internal political instability or any other
on the Elimination of all forms of
public emergency, may be invoked as a
Discrimination against Women requires
justification of torture.”
that States Parties to provide access to
information, advice and services in
Because of the importance of the values
family planning, they do not prescribe
it protects, the prohibition of torture has
any specific form of such information
evolved into a peremptory norm or jus
and services.
cogens, that is, a norm that enjoys a
higher rank in the international
hierarchy than treaty law and even
Human Rights; Civil and Political Rights; ordinary customary rules. The most
Freedom from Torture (2010) conspicuous consequence of this higher
rank is that the norm prohibiting torture
No. XI. Which statement best completes the
cannot be derogated from by States
following phrase:
through international treaties or local or
“Freedom from torture is a right special customs or even general
Page 94 of 168
customary rules not endowed with the On the other hand, the jurisdiction of
same normative force. (Prosecutor v. the ICJ covers legal disputes which the
Furundzija, ICTY, December 10, 1998). States refer to it. This includes disputes
concerning:
(a) the interpretation of a treaty;
Int’l Court of Justice vs. Int’l Criminal (b) any question of international law;
Court (2010) (c) the existence of any fact which, if
established, would constitute a
No. II. Compare and contrast the breach of an international
jurisdiction of the International obligation; and
Criminal Court (ICC) and International (d) the nature or extent of the
Court of Justice (ICJ). (3%) reparation to be made for the breach
of an international obligation.
SUGGESTED ANSWER: (Article 36, ICJ Statute)
The jurisdiction of the International

The ICJ also has jurisdiction to give an
Criminal Court (ICC) primarily deals with
advisory opinion on any legal question
the prosecution of individuals for core
as may be requested by the General
international crimes, while the
Assembly or the Security Council or on
jurisdiction of the International Court of
legal questions arising within the scope
Justice (ICJ) deals with contentious
of the activities of other organs and
proceedings between States.
specialized agencies of the U.N. upon
As to subject matter jurisdiction (ratione their request and when so authorized by
materiae), the jurisdiction of the ICC is the General Assembly. (Article 96, U.N.
limited to the most serious crimes of Charter)
concern to the international community
as a whole, particularly: As to jurisdiction over the persons or
(a) the Crime of Genocide; parties (ratione personae), the ICC shall
(b) Crimes against Humanity; have the power to exercise its
(c) War crimes; and jurisdiction over persons for the most
(d) the Crime of Aggression. (R. serious crimes of international concern,
Sarmiento, Public International Law and shall be complementary to national
Bar Reviewer, 2009 Revised Edition, criminal jurisdictions. (Art. 1, Rome
p. 308). Statute) On the other hand, only States
may be parties in cases before the ICJ
and their consent is needed for the ICJ
Page 95 of 168
to acquire jurisdiction. (R. Sarmiento, slave trade are regarded as jus cogens.
Public International Law Bar Reviewer, When a treaty is in conflict with a jus
2009 Revised Edition, p. 185) cogens rule, the treaty is deemed void.
When a treaty is in conflict with the
other rules of international law, the
International Law Violation; Treaty
treaty amounts to a waiver of rights that
(2008)
prevents the parties from raising legal
No.II. May a treaty violate international claims against other over these rules.
law? if your answer is in the affirmative,
explain when such may happen. If you
answer is in the negative, explain why? (5%) Opinio Juris (2012)
SUGGESTED ANSWER: No. VI. President Black of the Republic of

Pasensya (RP) had a telephone conversation
Yes, a treaty may violate international
with President Blue of the People’s Republic
law when at the time of its conclusion, it
of Conquerors (PRC). In that conversation,
conflicts with peremptory norm of
both leaders agreed that they will both pull-
general international law (jus cogens) or
out all their vessels, civilian or otherwise,
if its conclusion has been procured by
sea crafts and other ships from the hotly
the threat or use of force in violation of
disputed Kalmado Shoal area within eight
the principles of international law
(8) days in order to de-escalate the
embodied in the Charter of the United
situation. After eight days, all RP ships and
Nations. (Vienna Convention on the Law
vessels have left the area. However, several
of Treaties, Art. 52 & 53).
military and civilian ships carrying the PRC
ALTERNATIVE ANSWER: flag remained in the area and began
construction of a dock that could provide
Treaty may contain provisions that
fuel and other supplies to vessels passing
depart from general rules of
by.
international law provided that the
provisions do not violate jus cogens, (d) What is opinio juris in International
which refer to rules of peremptory norms Law? (1%)
of international law so fundamental that
no nation may ignore them or attempt SUGGESTED ANSWER
to contract out of them through treaties.
To establish customary international
For example, the prohibitions on the use
law, two elements must concur: General
of force, genocide and participating in a
state practice and opinio juris sire
Page 96 of 168
necessitatis. State practice refers to the warnings given by the Thai Prime Minister
continuous repetition of the same or to foreigners, specially journalists, A moved
similar kind of acts or norms bystates. around the Thai capital. In the course of his
Opinio juris requires that the state coverage, he was killed with a stray bullet
practice or norm be carried out in such a which was later identified as having come
way as to be evidence of the belief that it from the ranks of the Red-Shirts. The wife
is obligatory by the existence of a rule of of A sought relief from Thai authorities but
law requiring it. (Bayan Muna vs. was refused assistance.
Romulo, 641 SCRA 244.)
(A) Is there state responsibility on the part
of Thailand?
SUGGESTED ANSWER:
Opinio Juris (2008)
No, there is no state responsibility on
No. I a. The legal yardstick in determining
the part of Thailand because the acts of
whether usage has become customary
the Thai Red-Shirts were not the acts of
international law is expressed in the maxim
Thailand. Under the Principle of
opinion juris sive necessitates or opinion
Attribution or Imputation, a State only
juris for short. What does the maxim mean?
incurs liability for individual acts or
(3%)
omission which can be attributed to it.
SUGGESTED ANSWER: The Thai Red-Shirts are not its officials,
agents, or representatives and they were
Opinio juris sive necessitates means the
not acting on the instructions of, or
common belief among states and actors
under the direction or control of, the
that a certain practice is obligatory. This
Thai Government. (R. Sarmiento, Public
is the subjective or psychological
International Law Bar Reviewer, 2009
requirement of customary law that
Revised Edition, pp. 65-66)
makes state practice a binding rule of
customary international law. (b) What is the appropriate remedy
available to the victim’s family under
international law?
Principle of Attribution or Imputation SUGGESTED ANSWER:
(2010) Unless the Red-Shirts become the new

Government of Thailand or Thailand
No. III. A, a British photojournalist, was acknowledges and adopts the conduct of
covering the violent protests of the Thai the Red-Shirts as its own, the victim’s
Red-Shirts Movement in Bangkok. Despite family has no appropriate remedy under
Page 97 of 168
international law. Their remedy, if any, crime under the Philippine law was
is only available under the domestic laws committed. Is William correct? Explain your
of Thailand by the institution of the answer? (3%)
appropriate criminal cases against the SUGGESTED ANSWER:
persons responsible for A’s killing and
No, William is not correct. While Article
the filing of an action to recover
22 of the Vienna Convention on
damages arising from A’s death.
Diplomatic Relations provides that the
premises of a diplomatic mission shall be
inviolable, and may not be entered by
Principle of Auto-Limitation (2009)
the police or by any other agent of the
No.XII. William, a private American Citizen, receiving State, except with the consent
a university graduate and frequent visitor of the Ambassador or the head of the
to the Philippines, was inside the US mission, it does not alter the fact,
embassy when he got into a heated however, that such premises are still
argument with a private Filipino citizen. part of Philippine territory. The concept
Then, in front of many shocked witnesses, of “exterritoriality,” under which
he killed the person he was arguing with. diplomatic premises are deemed to be
The police came, and brought him to the part of the sovereign territory of the
nearest police station. Upon reaching the sending State, has not been adopted in
station, the police investigator, in halting the Vienna Convention. Hence, a crime
English, informed William of his Miranda committed on or within such premises
rights, and assigned him an independent by a private person like Williams who
local counsel. William refused the services enjoys no diplomatic immunity falls
of the lawyer, and insisted that he be within the jurisdiction of Philippine
assisted by a Filipino lawyer currently courts.
based in the US. The request was denied,
ALTERNATIVE ANSWER:
and the counsel assigned by the police
stayed for the duration of the investigation. William is not correct. The premises
occupied by the United States Embassy
William protested his arrest.
do not constitute territory of the United
(a) He argued that since the incident took States but of the Philippines. Crimes
place inside the US embassy, Philippine committed within them are subject to
courts have no jurisdiction because the US the territorial jurisdiction of the
embassy grounds are not part of the Philippines. Since William has no
Philippine Territory; thus, technically, no diplomatic immunity, the Philippines
Page 98 of 168
can prosecute him if it acquires custody

over him (Reagan vs. Commissioner of To be valid in international law, acts of
Internal Revenue, 30 SCRA 968 [1969]). retorsion should not be excessive when
compared to the unfriendly acts
committed by the offending State.
Retorsion (2010) Moreover, they should not violate a

State’s obligation under Article 2(3) of
No.IV. A state which resorts to retorsion in
the U.N. Charter to settle their disputes
international law
by peaceful means in such a manner that
a. Must ensure that all states consent international peace and security and
to its act justice are not endangered.
b. Cannot curtail migration from the

offending state
c. Can expel the nationals of the
offending state Use of Force; Self-Defense (2009)
d. Should apply appropriate response
No. XVIII. A terrorist group called the
within appreciable limit
Emerald Brigade is based in the State
e. None of the above
Asyaland. The government of Asyaland does
not support the terrorist group, but being a
Explain you answer/ (2%)
poor country, is powerless to stop it.
SUGGESTED ANSWER:
The Emerald Brigade launched an attack
D. “A State which resorts to retorsion in
on the Philippines firing two missiles that
international law should apply
killed thousands of Filipinos. It then
proportionate response within
warned that more attacks were
appreciable limits.”
forthcoming. Through diplomatic channels
the Philippines demanded that Asyaland
Retorsion consists in retaliation where
stop the Emerald Brigade; otherwise, it will
the acts complained of do not constitute
do whatever is necessary to defend itself.
a legal ground of offense but are rather
in the nature of unfriendly acts done Receiving reliable intelligence reports of
primarily in pursuance of legitimate another imminent attack by the Emarld
State interests but indirectly hurtful to Brigae, and it appearing that Asyaland was
other States. (R. Sarmiento, Public incapable of preventing the assault, the
International Law Bar Reviewer, 2009 Philippines sent a crack commando team to
Revised Edition, p. 233) Asyaland. The team stayed only for a few
Page 99 of 168
hours in Asyaland, succeeded in killing the attacks were forthcoming. Asyland, on

leaders and most of the members of the the other hand, had failed to fulfill its
Emerald Brigade, then immediately obligations, under international law, to
returned to the Philippines. prevent the use of its territory for the
staging of terrorist acts against the
(a) Was the Philippine action justified under
Philippines. As such, in the face of
the international law principle of self-
another imminent attack by the Emerald
defense? explain your answer (3%)
Brigade, and it appearing that Asyland
SUGGESTED ANSWER:
was incapable of preventing the assault,
The Philippines action cannot be the Philippines was therefore justified in
justified as self-defense. Self-defense is resorting to military action to protect its

an act of a State by reason of an armed own security as an act of self-defense.
attack by another State. The acts of
(b) As a consequence of the foregoing
terrorism in this case were acts of
incident, Asyaland charges the Philippines
private group and cannot be attributed
with violation of Article 2.4 of the United
to Asyaland, which does not support the
Nations Charter that prohibits “the threat
Emerald Brigade. Article 51 of the
or use of force against the territorial
Charter of the United Nations has no
integrity or political independence of any
applicability, because self defense in
State. The Philippines counters that its
Article 51 contemplates a response to a
commando team neither took any territory
legitimate armed attack by a State
nor interfered in the political processes of
against another State. The attack of
Asyaland. Which contention is correct?
Emerald Brigade is an attack by a private
Reasons (3%)
group without authority as an organ of
SUGGESTED ANSWER:
Asyaland.
The contention of Asyaland is correct.
ALTERNATIVE ANSWER:
The Philippines violated Article 2(4) of
Yes, the Philippine action was justified. the Charter of the United Nations, which
Article 51 of the U.N. Charter affirms the prohibits States from the threat or use of
inherent right of States to individual or force against territorial integrity of any
collective self-defense. The terrorist State.
group Emerald Brigade had already
ALTERNATIVE ANSWER:
launched actual armed attacks on the
Philippines which killed thousands of The contention of the Philippines is the
Filipinos with a warning that more correct one. State practice and the U.N.
Page 100 of 168
Security Council's actions after 9/11 citizens where their citizenship was a
indicate a trend towards recognizing factor in the commission of the crime.
that a State that suffers large-scale
violence perpetrated by non-State actors
located in another State has a right to Verbal Agreement; Source of Int’l Law
use force when (1) that other State (2012)
proves unwilling or unable to reduce or
eliminate the source of the violence, (2) No. VI. President Black of the Republic of
the use of force is proportional to the Pasensya (RP) had a telephone conversation
threat posed by the non-State actor, and with President Blue of the People’s Republic
(3) the use of force is temporary and of Conquerors (PRC). In that conversation,
does not result in non-consensual both leaders agreed that they will both pull-
occupation or annexation of territory. out all their vessels, civilian or otherwise,
sea crafts and other ships from the hotly
(c) Assume that the commando team
disputed Kalmado Shoal area within eight
captured a member of the Emerald Brigade
(8) days in order to de-escalate the
and brought him back to th Philippines.
situation. After eight days, all RP ships and
The Philippine Government insists that a
vessels have left the area. However, several
special international tribunal should try the
military and civilian ships carrying the PRC
terrorist. On the other hand, the terrorist
flag remained in the area and began
argues that terrorism is not an
construction of a dock that could provide
international crime and, therefore, the
fuel and other supplies to vessels passing
municipal laws of the Philippines, which
by.
recognize access of the accused to
constitutional rights, should apply. Decide (a) Assuming that President Black and
with reasons. (3%) President Blue both had full capacity to
SUGGESTED ANSWER: represent their states and negotiate with
each other under their respective systems
The terrorist should be tried in the
of government, and further assuming that
Philippines. Section 58 of Republic Act
both leaders acknowledge the existence of
No. 9372, thr Human Security Act
the conversation, is the verbal agreement
provides for its extraterritorial
via telephone binding under international
application to individual persons who,
law? Explain. (5%)
although outside the territorial limits of
the Philippines, commit an act of
SUGGESTED ANSWER
terrorism directly against Filipino
Page 101 of 168
The verbal agreement by telephone is (1) International conventions, whether

binding between the parties on the basis general or particular, establishing rules
of customary international law. (In 1992 expressly recognized by the contesting
the dispute between Denmark and states;
Finland about the construction of a
bridge was settled by a telephone (2) International custom, as evidence of
conversation between the Danish and a general practice accepted as law;
Finnish Prime Ministers. In return for

(3) The general principles of law
payment by Denmark, Finland agreed to
recognized by civilized nation;
discontinue the case filed. (Aust, Modern
Treaty Law and Practice, p.7.))
(b) Assuming the answer to (a.) is in

-End-
affirmative, does that agreement constitute
a Treaty under the 1969 Vienna Convention
on the Law on Treaties? (2%)
SUGGESTED ANSWER
The verbal agreement does not

constitute a treaty under the Vienna
Convention on the Law of treaties.
Article 3 requires that for an
international agreement to be a treaty, it
must be in written form.
(c) What are the sources of International

Law? (2%)
SUGGESTED ANSWER
The following are the sources of

international law:
Page 102 of 168
MULTIPLE CHOICE and the corrupt, the Bureau of Customs

Employees Association composed of 3,000
QUESTIONS (MCQ) workers seeks your legal advice on how best
to protest what it views to be the President's
2013 Political Law Exam
baseless remarks.
MCQ (October 6, 2013)
A prudent legal advice is that __________.
I. The equal protection clause is violated by (1%)
__________. (1%)
(A) employees can go on mass leave of
(A) a law prohibiting motorcycles from absence for one week
plying on limited access highways.

(B) employees can march and rally at
(B) a law granting Value Added Tax Mendiola every Monday
exemption to electric cooperatives that

(C) employees can barricade the gates of
sells electricity to the "homeless poor."
the Port of Manila at South Harbor and
(C) a law providing that a policeman call for the resignation of the incumbent
shall be preventively suspended until Commissioner of Customs
the termination of a criminal case

(D) employees can wear black arm
against him.
bands and pins with the word
(D) a law providing higher salaries to "UNFAIR" inscribed
teachers in public schools who are

(E) None of the above can legally be
"foreign hires."
done.
(E) a law that grants rights to local

SUGGESTED ANSWER:
Filipino workers but denies the same
rights to overseas Filipino workers.
(D), Tinker vs. Des Moines, 396 US 503
SUGGESTED ANSWER:
III. Congress enacted Republic Act No. 1234
requiring all candidates for public offices to
(D), International School Alliance of
post an election bond equivalent to the one
Educators vs. Quisumbing 333 SCRA 13
(1) year salary for the position for which
II. Offended by the President's remarks that they are candidates. The bond shall be
the Bureau of Customs is a pit of misfits forfeited if the candidates fail to obtain at
least 10% of the votes cast.
Page 103 of 168
Is Republic Act No. 1234 valid? (1%) (C) The decision is binding only on
the parties but only with respect to
(A) It is valid as the bond is a means of that particular case.
ensuring fair, honest, peaceful and
orderly elections. (D) The decision is not binding on the
parties and is only advisory.
(B) It is valid as the bond requirement
ensures that only candidates with (E) The binding effect on the parties
sufficient means and who cannot be depends on their submission
corrupted, can runfor public office. agreement.
(C) It is invalid as the requirement SUGGESTED ANSWER:

effectively imposes a property
qualification to run for public office. (C), Article 59 of the ICJ Statute
(D) It is invalid as the amount of the V. Under the UN Convention on the Law of
surety bond is excessive and the Sea, the exclusive economic zone refers
unconscionable. to an area. (1%)
(E) It is valid because it is a reasonable (A) that is at least 100 miles from the
requirement; the Constitution itself baselines from which the outer limit of
expressly supports the accountability of the territorial sea is measured
public officers.
(B) that is at least 200 miles but not to
SUGGESTED ANSWER: exceed 300 miles from the baselines

from which the outer limit of the
(C), Maquerra vs. Borra, 15 SCRA 7 territorial sea is measured
IV. What is the legal effect of decisions of (C) beyond and adjacent to a country's
the International Court of Justice in cases territorial sea which cannot go beyond
submitted to it for resolution? (1%) 200 nautical miles from the baselines
from which the outer limit of the
(A) The decision is binding on other territorial sea is measured
countries in similar situations.
(D) that can go beyond 3 nautical miles
(B) The decision is not binding on any but cannot extend 300 nautical miles
country, even the countries that are from the baselines from which the
parties to the case.
Page 104 of 168
outer limit of the territorial sea is (B) not a Filipino citizen if his mother
measured is a Filipino citizen but his father is
not, at the time of his birth
(E) None of the above.
(C) a Filipino citizen no matter
SUGGESTED ANSWER: where he or she may be born
(E), Note: the nearest to the accurate (D) a Filipino citizen provided the child
answer may be (C) but it proposes that is born in the Philippines
EEZ cannot go beyond 200 nautical
miles “from the baseline from which the (E) a Filipino citizen if he or she so
outer limit of the territorial sea is elects upon reaching the age of 21
measured.”
SUGGESTED ANSWER:
This is not correct because the baseline
is the point from which the entire (C), Sec. 1(2) of Article III of the 1973
breadth of the territorial sea is measured Constitution and Sec. 1(2) of Article IV
pursuant to Article 57 of the UNCLOS, of the 1987 Constitution
not only from its outer limit as indicated

VII. Who has control of the expenditure of
in Letter (C). Letter (C) excludes the
public funds? (1%)
entire breadth of the territorial sea of 12
n.m. from the EEZ contrary to the text
(A) The Office of the President
of said Article 57.
through the Department of Budget
and Management.
If Letter (C) is followed, EEZ will only
measure 200 n.m. minus 12 n.m. of the
(B) The House of Representatives from
territorial sea, resulting in the EEZ
where all appropriation bills emanate.
measuring only 188 n.m. in breadth.
(C) The Senate through its Committee

VI. A child born under either the 1973 or
on Finance.
the 1987 Constitution, whose father or
mother is a Filipino citizen at the time of (D) The Congress of the Republic of the
his birth, is __________. (1%) Philippines.
(A) not a Filipino citizen as his father (E) Both the members of Congress and
and mother must both be Filipino the President acting jointly, if so
citizens at the time of his birth
Page 105 of 168
provided by the General Appropriations (C), Sec. 5, Article X of the 1987

Act. Constitution
SUGGESTED ANSWER: IX. The provision under the Constitution -

that any member who took no part,
(A), Lawyers Against Monopoly and dissented, or inhibited from a decision or
Poverty vs. Secretary of Budget and resolution must state the reason for his
Management, 670 SCRA 373 dissent or non-participation - applies
__________. (1%)
VIII. May the power of cities to raise
revenues be limited by an executive order of (A) only to the Supreme Court
the President? (1%)
(B) to both the Supreme Court and the
(A) Yes, because local government Court of Appeals
units are under the administrative
control of the President through the (C) to the Supreme Court, Court of
Department of Interior and Local Appeals and the Sandiganbayan
Government.
(D) to the Supreme Court, the Court
(B) No, because local government units of Appeals, the Sandiganbayan and
now enjoy full local fiscal autonomy. the Court of Tax Appeals
(C) No, because only limitations (E) to all collegial judicial and quasi-
established by Congress can define judicial adjudicatory bodies
and limit the powers of local
governments. SUGGESTED ANSWER:
(D) Yes, because the President has the (D), Sec. 13, Article VIII of the 1987
power and authority to impose Constitution
reasonable restrictions on the power of

X. Choose the least accurate statement
cities to raise revenues.
about the independence guaranteed by the
(E) Yes, if so provided in a city's 1987 Constitution to the following
charter. constitutional bodies: (1%)
SUGGESTED ANSWER: (A) The Constitution guarantees the

COMELEC decisional and
Page 106 of 168
institutional independence similar (A) may grant the request by reason of

to that granted to the Judiciary. inter-departmental courtesy
(B) All bodies labeled as "independent" (B) may grant the request as the
by the Constitution enjoyfiscal records of the Filipinas Air case are
autonomy as an attribute of their public records
independence.
(C) should deny the request since
(C) Not all bodies labeled as records of cases that are pending
"independent" by the Constitution for decision are privileged except
were intended to be independent from only for pleadings, orders and
the Executive branch of government. resolutions that are available to the
public
(D) The Constitution guarantees
various degrees of independence from (D) should deny the request because it
the other branches of government violates the Court's independence and
when it labels bodies as the doctrine of separation of powers
"independent".
(E) should grant the request because
(E) The COMELEC, the COA, and the of the sui generis nature of the power
CSC enjoy the same degree of of impeachment, provided that the Bill
independence. of Rights is not violated
SUGGESTED ANSWER: SUGGESTED ANSWER:
(A), Article IX-A of the 1987 Constitution (C), In re: Letters of Atty. Estelito
Mendoza, 668 SCRA 11
XI. At the Senate impeachment trial of
Justice Pablo P. San Quintin, Hon. Emilio XII. Mr. Sinco sued the government for
A. Tan, Congressman and Impeachment damages. After trial, the court ruled in his
Panel Manager, wrote the Supreme Court favor and awarded damages amounting to
requesting that the prosecutors be allowed P50 million against the government. To
to examine the court records of Stewards satisfy the judgment against the
Association of the Philippines, Inc. (SAP!) v. government, which valid option is available
Filipinas Air, et al., G.R. No. 987654, a case to Mr. Sinco? ( 1%)
that is still pending. The High Court
__________. (1%)
Page 107 of 168
(A) Garnish the government funds enjoyment by all the people of the
deposited at the Land Bank. blessings of democracy.
(B) File a claim with the (B) The State shall give priority to
Commission on Audit (COA) education, science and technology,
pursuant to Commonwealth Act arts, culture, and sports to foster
327, as amended by Presidential patriotism and nationalism,
Decree1445. accelerate social progress, and
promote total human liberation and
(C) Make representations with the development.
Congress to appropriate the amount
to satisfy the judgment. (C) The natural and primary right
and duty of parents in the rearing
(D) File a petition for mandamus in of the youth for civic efficiency and
court to compel Congress to the development of moral character
appropriate P50 million to satisfy the shall receive the support of the
judgment. Government.
(E) Proceed to execute the judgment (D) The right of the people to
as provided by the Rules of Court information on matters. of public
because the State allowed itself to be concern shall be recognized. Access to
sued. official records, and to documents and
papers pertaining to official acts,
SUGGESTED ANSWERS:
transactions, or decisions, as well as
to government research data used as
(B) and (C), U.P. vs. Dizon, 679 SCRA 54
basis for policy development, shall be
XIII. Which of the following provisions of the afforded the citizen, subject to such
Constitution does not confer rights that can limitations as may be provided by law.
be enforced in the courts but only provides

(E) All the above only provide
guidelines for legislative or executive
guidelines and are not self-executing.
action? (l%)
SUGGESTED ANSWERS:
(A) The maintenance of peace and
order, the protection of life, liberty,
(A), (B), and (C) are all found in Article II
and property, and promotion of the
of the 1987 Constitution. They are not
general welfare are essential for the
self-executing. D is a right found in the
Page 108 of 168
Bill of Rights (Section 7, Article III of the (C) No, international agreements are
1987 Constitution). It is self-executing sui generis and stand independently
and does not require legislation. of our domestic laws.
(D), The right to information is found in (D) Yes, the executive agreement is
Article III, Section 7 of the 1987 actually a treaty which does not take
Constitution. It is self-executory and is effect without ratification by the
not a mere guideline for legislation Senate.
(Legaspi vs. Civil Service Commission,
150 SCRA 530). (E) Yes, the challenge is correct
because there is no law empowering
ALTERNATIVE ANSWER: the President to undertake the
importation.
(E), Kilosbayan, Inc. vs. Morato, 246
SCRA 540; Article III, Section 8 includes SUGGESTED ANSWER:
the phrase “subject to such limitations
as may be provided by law.” (A), Gonzales vs. Hechanova, 9 SCRA 230
XIV. The President entered into an XV. The separation of Church and State is
executive agreement with Vietnam for the most clearly violated when __________. (1%)
supply to the Philippines of animal feeds

(A) the State funds a road project
not to exceed 40,000 tons in any one year.
whose effect is to make a church more
The Association of Animal Feed Sellers of
accessible to its adherents
the Philippines questioned the executive
agreement for being contrary to R.A. 462
(B) the State declares the birthplace of
which prohibits the importation of animal
a founder of a religious sect as a
feeds from Asian countries. Is the challenge
national historical site
correct? (1%)
(C) the State expropriates church

(A) Yes, the executive agreement is
property in order to construct an
contrary to an existing domestic
expressway that, among others,
law.
provides easy access to the Church's
main cathedral
(B) No, the President is solely in
charge of foreign relations and all his
(D) the State gives vehicles to bishops
actions in this role form part of the
to assist them in church-related
law of the land.
charitable projects
Page 109 of 168
(E) the State allows prayers in SUGGESTED ANSWER:

schools for minor children without
securing the prior consent of their (A)
parents
XVII. Senator GSC proposed a bill
SUGGESTED ANSWER: increasing excise taxes on tobacco and

alcohol products. The generated
(E), Engel vs. Vitale, 370 US 421 incremental revenues shall be used for the
universal health care program for all
XVI. Patricio was elected member of the Filipinos and for tobacco farmers'
House of Representative in the May 2010 livelihood. After the Senate passed the bill
Elections. His opponent Jose questioned on third reading, it was transmitted to the
Patricio's victory before the House of House of Representatives which approved
Representatives Electoral Tribunal and later the bill in toto. The President eventually
with the Supreme Court. signed it into law. Atty. JFC filed a petition
before the Supreme Court, questioning the
In a decision promulgated in November
constitutionality of the new law.
2011, the Court ruled in Jose's favor; thus,
Patricio was ousted from his seat in Is the law constitutional? (1%)
Congress. Within a year from that decision,
the President can appoint Patricio (A) The law is constitutional because
__________. (1%) it is for a public purpose and has
duly satisfied the three-readings-on-
(A) only as a member of the board of separate-days rule in both Houses.
directors of any government owned
and controlled corporation (B) The law is unconstitutional
because it violates the equal
(B) only as a deputy Ombudsman protection clause of the Constitution;
it is limited only to alcohol and liquor
(C) only as a Commissioner of the
products.
Civil Service Commission
(C) It is constitutional because of the

(D) only as Chairman of the
Enrolled Bill Theory.
Commission on Elections
(D) It is constitutional because it is

(E) to any position as no prohibition
valid in form and substance and
applies to Patricio
Page 110 of 168
complied with the required (E) All the above choices are defective
lawmaking procedures. in some respects.
(E) None of the above is correct. SUGGESTED ANSWER:
SUGGESTED ANSWER: (B), Sec. 20, Article VII of the 1987

Constitution
(E), Sec. 24, Article VI of the 1987
Constitution XIX. Candida has been administratively
charged of immorality for openly living with
XVIII. Which of the following statements is Manuel, a married man. Candida argues
correct? (1%) that her conjugal arrangement with Manuel
fully conforms with their religious beliefs
(A) The President, with the
and with the teachings of their church.
concurrence of the Monetary Board,
can guarantee a foreign loan on In resolving whether Candida should be
behalf of the Republic of the administratively penalized, which is the
Philippines. best test to apply? (1%)
(B) Congress may, by law, provide (A) Clear and Present Danger Test
limitations on the President's
power to contract or guarantee (B) Compelling State Interest Test
foreign loans on behalf of the
Republic of the Philippines. (C) Balancing of interests Test
(C) In order to be valid and effective, (D) Conscientious Objector Test
treaties and executive agreements

(E) Dangerous Tendency Test
must be concurred in by at least two-
thirds of all the Members of the
SUGGESTED ANSWER:
Senate.
(B), Estrada vs. Escritor, 492 SCRA 1

(D) The President shall, at the end of
every quarter of the calendar year, XX. Rafael questioned the qualifications of
submit to Congress a complete report Carlos as congressman of the Third District
of the loans contracted or guaranteed of Manila on the ground that Carlos is a
by the Government or government- citizen of the USA. The decision
owned and controlled corporations. disqualifying Carlos for being a US citizen
Page 111 of 168
came only in March 2010, i.e., after the 2012 Political Law Exam
adjournment of the session of Congress on
the third year of the position's three-year
MCQ (October 7, 2012)
term.
1. Constitution is defined by Cooley as:
What was Carlos' status during his a. a body of statutory,
incumbency as congressman? (1%) administrative and political

provisions by which the
(A) He was a de jure officer, having three branches of
been duly elected and proclaimed. government are defined;
b. a body of rules and maxims
(B) He was not a public officer in accordance with which
because he effectively was not the powers of sovereignty
entitled to be a congressman. are habitually exercised;
c. a body of rules and edicts
(C) He was a de jure officer since he
emanating from the rulings
completed the service of his term
of courts and written
before he was disqualified.
guidelines of the executive
and the legislature by which
(D) He was a de facto officer since
government is governed;
he had served and was only
d. a body of interpretations and
disqualified later.
rules by which the three
(E) He neither possesses de jure nor branches of government are
de facto status as such judged for purposes of
determination is pointless. sovereign compliance with

good corporate governance.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(D), Rodriguez vs. Tan, 91 Phil 724
(b) Cooley, Constitutional Limitations,
p.4
-0-0-0- 2. The three essential parts of a

Constitution are:
a. the bill of rights,
governmental organization
Page 112 of 168
and functions, and method 4. In an amendment to the

of amendment; constitution by "initiative and
b. the preamble, the bill of referendum", the "initiative" phase is
rights, and provisions on meant that the people propose the
checks and balances; amendments. There is a valid
c. the national territory, the proposal when a proposition has
declaration of principles and received the approval of:
state policies, and the a. at least 3% of the persons of
transitory provisions; majority age of each district,
d. the executive department, and 12% of the registered
the legislative department voters of the region from
and the judiciary. proposal emanates;
b. at least 3% of the registered
SUGGESTED ANSWER: voters of each province and
12% of the total number of
(a) Nachura, Outline Reviewer in Political registered voters nationwide;
Law, p.3 c. at least 3% of the
registered voters of each
3. The constitutional provision on
district and 12% of the
initiative and referendum is not self-
total number of registered
executory. This is so because it
voters nationwide;
requires:
d. more than 3% of the 3% of
a. an implementing resolution
the registered voters of each
from the COMELEC;
district but less than 12% of
b. an implementing resolution
the total number of
from the Supreme Court;
registered voters nationwide.
c. an implementing
legislation; SUGGESTED ANSWER:
d. an implementing resolution
from the party-list (c) Section 2, Article XVII of
representative of the House Constitution
of Representatives.
5. The Constitution declares that the
SUGGESTED ANSWER: Philippines is a republican state.
Republicanism means:
(c) Section 32, Article VI of Constitution
Page 113 of 168
a. the form of government must (b) Free Telephone Workers Union vs.
be presidential; Minister of Labor and Employment, 108
b. the representatives of the SCRA 757; and (c) Section 4, Article VII
government are elected by of Constitution. It is suggested that
the people; either (b) or (c) may be accepted as a
c. sovereignty resides in the correct answer.
elected representatives of the
government; 7. Which of the following best
d. the form of government exemplifies how the system of
cannot be changed by the checks and balances is carried out:
people. a. the legislature passes a law

that prohibits the president
SUGGESTED ANSWER: from commuting a judiciary
imposed sentence, as a
(b) Cruz, Philippine Political Law, 2005 check of the president;
ed., p.50 b. the President pardons a
convict as a way to set
6. A chief characteristic of the
aside or modify a judgment
presidential form of government is:
of the judiciary;
a. concentration of power in the
c. the judiciary overturns a
judiciary thru the power of
pardon granted by the
expanded judicial review;
President as a check on
b. supremacy of the
executions;
presidency compared to
d. the President pardons an
the totality of powers of
accused after arraignment in
the legislative;
the interest of justice.
c. regular periodic election of
the President for a fixed SUGGESTED ANSWER:
term;
d. unlimited term for the (b) Section 19, Article VII of Constitution
President for as long as
elected by the people in free 8. Which phrase best completes the
and honest elections. statement – The starting point of the
principle of separation of powers is
SUGGESTED ANSWER: the assumption of the division of the
Page 114 of 168
functions of government into three SUGGESTED ANSWER:

distinct classes:
a. the bill of rights, state (b) Section 5, Article III of Constitution
policies, and social justice

10. Which one of the following is a non-
and human rights;
self-executing provision of the
b. the accountability of public
Constitution:
officers, the constitutional
a. no law shall be passed
commissions, and the
abridging the freedom of
national economy and
speech;
patrimony;
b. no law shall be made
c. the self-executing
respecting an establishment
provisions, the non-self-
of religion;
executing provisions, and
c. no person shall be held to
the self-evident social
answer for a criminal offense
justice provisions;
without due process of law;
d. the executive, the legislative,
d. the state shall encourage
and the judicial.
and support researches and
SUGGESTED ANSWER: studies on the arts and

culture.
(c) Cruz, Philippine Political Law, 2005

SUGGESTED ANSWER:
ed., p.70
9. The Constitution provides that the (d) Section 15, Article XIV of
"separation of church and state Constitution
shall be inviolable." This is

11. Basic Philippine law, in respect of
implemented most by the
the modes of acquiring citizenship,
constitutional principles embodied
follows the rule(s) of:
in:
a. jus soli and jus sanguinis;
a. the free exercise clause;
b. naturalization and provides
b. the non-establishment
for jus soli;
clause;
c. jus sanguinis and provides
c. the freedom of religious belief
for naturalization;
clause;
d. none of the above.
d. the freedom of religion
clause.
SUGGESTED ANSWER:
Page 115 of 168
(c) Section 1, Article IV of Constitution the right to suffrage like

everyone else without
12. Dual allegiance by citizen is: registering as an overseas
a. inimical to the national absentee voter.
interest and is therefore c. No. Margarita fails the
proscribed by law; residency requirement under
b. inimical to the national Section 1, Article V of the
interest and is therefore Constitution for Filipinos.
prescribed by law; d. No. Dual citizens upon
c. inimical to the national renunciation of their Filipino
interest and therefore shall citizenship and acquisition of
be dealt with by law; foreign citizenship, have
d. inimical to the national practically and legally
interest and is therefore abandoned their domicile
outside of coverage of law. and severed their legal ties to
their homeland as a
SUGGESTED ANSWER:
consequence.
(c) Section 5, Article IV of Constitution

SUGGESTED ANSWER:
13. Margarita was born in 1986 to a

(a) Macalintal vs. COMELEC, 405 SCRA
Filipino mother and Swedish father.
614
She has been living and continues
to live in the US for the last 20 years
14. Identify which one is an invalid
and has also been naturalized as a
exercise of the legislative power:
US citizen. She recently reacquired
a. legislation by local
Philippine citizenship under RA
government on purely local
9225, the Citizenship Retention and
matters;
Reacquisition Act of 2003. Can
b. law granting an
Margarita vote in the next national
administrative agency the
elections?
power to define policy and
a. Yes. Dual citizens who are
fix standards on price
not residents may register
control;
under the Overseas
c. law authorizing the
Absentee Voting Law.
President, in times of war or
b. Yes. Margarita is a Filipino
other national emergency, for
citizen and thus may enjoy
Page 116 of 168
a limited period, subject to SUGGESTED ANSWER:

prescribed restrictions, to
exercise powers necessary (c) United BF Homeowner’s Association
and proper to carry out a vs. BF homes, INC., 310 SCA 304
declared national policy;
d. law authorizing the President 16. The rule in Article V1, Section 5 (3)
to fix, within specific limits, of the Constitution that "Each
tariff rates, import and legislative district shall comprise, as
export quotas, and other far as practicable, contiguous,
duties, within the framework compact and adjacent territory" is a
of the national development prohibition against:
program of the government. a. re-apportionment;

b. commandeering of votes;
SUGGESTED ANSWER: c. gerrymandering;
d. re-districting.
(b) United Sates vs. ANg Tang Ho, 43
Phil. 1 SUGGESTED ANSWER:
15. Which one of the following theories (c) Navarro vs. Ermita, 612 SCRA 131
does not support the valid
delegation of authority by the 17. Article V1, Section 5(3) of the
Congress to an administrative Constitution requires that for a city
agency: to be entitled to have at least one
a. an administrative agency representative, its population shall
may "fill up the details" of a be at least:
statute; a. 250,000;
b. the legislature may leave to b. 150,000;
another body the c. 100,000;
ascertainment of facts d. 175,000.
necessary to bring the law

SUGGESTED ANSWER:
into actual operation;
c. an administrative agency
(a) Section 5(3), Article VI of
has equal expertise with
Constitution
the legislature in crafting
and implementing laws;
18. A Senator or Member of the House
d. contingent legislation.
of Representatives shall be
Page 117 of 168
privileged from arrest while SUGGESTED ANSWERS:

Congress is in session for all (a) Section 4, Article VI of Constitution;
offenses punishable by (b) Section 4, Article VII of Constitution;
imprisonment of not more than: (d) Section 8, Article VI of Constitution
a. life imprisonment;
b. reclusion perpetua; 21. Congress shall have the sole power
c. six years imprisonment; to declare the existence of a state of
d. four years imprisonment. war by vote of:

a. three-fourths of both Houses
SUGGESTED ANSWER: in joint session assembled,
voting jointly;
(c) Section 11, Article VI of Constitution b. two-thirds of both Houses in
joint session assembled,
19. No Senator or member of the House
voting jointly;
of Representatives may personally
c. two-thirds of both Houses in
appear as counsel before:
separate session assembled,
a. any regional court;
voting jointly;
b. any court of justice;
d. two-thirds of both Houses
c. any inferior court;
in joint session, voting
d. any appellate court.
separately.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(b) Section 14, Article VI of Constitution (d) Section 23(2), Article VI of

Constitution
20. Which of the following can be
changed by an ordinary law enacted 22. If by the end of any fiscal year, the
by Congress? Congress shall have failed to pass
a. Commencement of the the general appropriations bill for
term of office of Senators; the ensuring fiscal year, the general
b. Date of regular election for appropriations law for the preceding
President and Vice fiscal year shall be deemed:
Presidential; a. referred;
c. Authority to transfer b. unacted;
appropriation; c. refilled;
d. Regular election of the d. re-enacted.
members of Congress.
Page 118 of 168
SUGGESTED ANSWER: c. item veto;

d. monetary veto.
(d) Section 25(7), Article VI of
Constitution SUGGESTED ANSWER:
23. Provisions unrelated to an (c) Section 27(2), Article VI of
appropriation bill are considered Constitution
prohibited. These are called:

26. A tax is progressive when:
a. interlopers;
a. the rate fluctuates as the tax
b. riders;
base decreases;
c. outriggers;
b. the rate increases as the tax
d. add-ons.
base remains the same;
SUGGESTED ANSWER: c. the rate increases as the

tax base increases;
(b) Garcia vs. Mata, 65 SCRA 517 d. the rate decreases as the tax
base increases.
24. The requirement that "Every bill
shall embrace only one subject SUGGESTED ANSWER:
which shall be expressed in the title

(c) Reyes vs. Almanzor, 196 SCRA 327
thereof" prevents:
a. rollercoaster legislation;
27. When the Supreme Court sits en
b. log-rolling legislation;
banc, cases are decided by the
c. rolling fields legislation;
concurrence of a majority of the
d. loggerhead legislation.
members who:
a. actually sent in memos on
SUGGESTED ANSWER:
matters for deliberation and
(b) Cooley, Constitutional Limitations, called in their votes thereon;
p.143 b. actually participated in the

oral arguments and voted
25. The power of the President to veto thereon;
any particular part in an c. actually took part in the
appropriation revenue, or tariff bill, deliberations on the issues
is called the: in the case and voted
a. specific veto; thereon;
b. revenue veto;
Page 119 of 168
d. actually took part in the SUGGESTED ANSWER:

voting thereon and took
notes on the actual (b) People vs. Vera, 65 Phil. 56
deliberations.
30. Congressman Sugar Oll authored a
SUGGESTED ANSWER: bill called House Bill No, 0056

which legalizes jueteng. When the
(c) Section 4(2), Article VII of Bill became law (RA 10156), Fr.
Constitution Nosu Gal, a priest, filed a petition
seeking for the nullification of RA
28. When the Supreme Court sits in 10156 on the ground that it is
division, cases can be decided by as unconstitutional as it violates
few as a minimum of: Section 13, Article II, of the 1987
a. three votes; Constitution which states that "The
b. four votes; state recognizes the vital role of the
c. five votes; youth in nation-building and shall
d. six votes. promote and protect their physical,
moral, spiritual, intellectual, and
SUGGESTED ANSWER:
social well-being". Fr. Gal filed the
petition as a concerned citizen and
(a) Section 4(3), Article VII of
as taxpayer. Does Fr. Gal have locus
Constitution
standi?
29. A person who has a personal and a. No, because Fr. Gal has no
substantial interest in the case, personal and substantial
such that he has sustained, or will interest that will be
sustain, direct injury as a result of prejudiced by the
its enforcement is considered to implementation of the law;
have: b. No, the law concerns neither
a. understanding to challenge citizens nor expenditure of
the governmental act; public funds;
b. standing to challenge the c. Yes, because the issue is of
governmental act; transcendental
c. opportunity to challenge the importance;
governmental act; d. Yes, because as priest, Fr.
d. familiarity to challenge the Gal has special interest in
governmental act. the well-being of the youth.
Page 120 of 168
SUGGESTED ANSWER: c. constitutional;

d. unconstitutional.
(a) Basco vs. PAGCOR, 197 SCRA 52; and
(c) Francisco vs. Houes of SUGGESTED ANSWER:
Representatives, 415 SCRA 44. It is
suggested that either (a) or (c) may be (d) De Agbayani vs. Philippine National
accepted as a correct answer. Bank, 38 SCRA 429
31. Where there is "the impossibility of a 33. The totality of governmental power
court’s undertaking independent is contained in three great powers:
resolution without expressing lack a. police power, power of
of the respect due coordinate sequestration, power of
branches of government; or an foreign policy;
unusual need for unquestioning b. power of immigration,
adherence to a political decision municipal power, legislative
already made; or the potentially of power;
embarrassment from multifarious c. executive power,
pronouncement by various legislative power, judicial
departments on a question," power;
describes what kind of political d. police power, power of
question: eminent domain, power of
a. adherence kind; taxation.
b. prudential kind;
SUGGESTED ANSWER:
c. respectful kind;
d. deference kind.
(c) and (d). It is suggested either (c) or (d)
may be accepted as a correct answer.
SUGGESTED ANSWER:
34. The most essential, insistent and

(b) Bernas, The 1987 Constitution of the
the least limitable of (government)
Republic of the Philippines: A
powers, extending as it does to all
Commentary (2009 ed.), p.986
the great public needs, is:
32. The "operative fact" doctrine of a. emergency power;
constitutional law is applied when a b. police power;
law is declared: c. legislative power;
a. operative; d. power to declare martial law.
b. factual;
Page 121 of 168
SUGGESTED ANSWER: prosecutor moves for

dismissal with the consent
(b) Edu vs. Ericta, 35 SCRA 482 of Pot. Granted;
c. Pot is accused before the
35. In the hierarchy of civil liberties,
RTC of qualified theft. After
which right occupies the highest
innumerable postponements
preferred position:
against Pot’s wishes, he
a. right to academic freedom;
moves for dismissal for
b. right to a balanced and
denial of the right to a
healthful ecology;
speedy trial. Prosecutor
c. right to freedom of
posts no objections.
expression and of
Dismissal granted;
assembly;
d. Pot is accused before the
d. right to equal health.
SUGGESTED ANSWER:
against Pot’s wishes, the
(c) Philippine Blooming Mills Employees prosecutor moves for
Organization vs. Philippine Blooming dismissal over the objections
Mills Company, Inc., 51 SCRA 189 of Pot. Granted.
36. In which of the following would SUGGESTED ANSWER:
there be no double jeopardy even if

(b) Section 8, Rule 117 of the Rules on
a subsequent case is filed?
Criminal Procedure
a. Pot is accused before the
37. Under Article III, Section 2 of the
Bill of Rights, which provides for the
against Pot’s wishes, he
exclusion of evidence that violate the
moves for dismissal for
right to privacy of communication
denial of the right to a
and correspondence, to come under
speedy trial. Prosecutor
the exclusionary rule, the evidence
objected. Dismissal granted;
must be obtained by:
b. Pot is accused before the
a. private individuals acting on
RTC of qualified theft.
their own;
After innumerable
b. government agents;
postponements against
Pot’s wishes, the
Page 122 of 168
c. private individuals acting on 40. The Gangnam Style’s Witnesses

orders of superiors; (whose tenets are derogatory to the
d. former high government Catholic Church), applied for a
officials. permit to use the public plaza and
kiosk to hold their religious meeting
SUGGESTED ANSWER: on the occasion of their founding
anniversary. Mayor Lebron allowed
(b) People vs. Albofera, 152 SCRA 123
them to use the northwestern part
of the plaza but not the kiosk (which
38. The complementing regime that best
is a few meters away from the
characterizes the guarantees of
Catholic church). Members of the
freedom of speech and of the press
Gangnam Style Witnesses claim that
are:
the act of Mayor Lebron is a
a. prior punishment and
violation of their freedom of
moderate punishment;
assembly and religion. Is this
b. prior censorship and
correct?
subsequent remedies;
a. No, because this is valid
c. no prior restraint and
exercise of police power;
subsequent punishment;
b. Yes, because the plaza being
d. no prior restraint and no
of public use can be used by
subsequent punishment.
anybody regardless of
SUGGESTED ANSWER: religious belief;

c. No, because historical
(d) Chavez vs. Gonzales, 55 SCRA 441 experience shows that
peace and order may be
39. The free exercise and non- disturbed whenever two
establishment clauses pertain to opposing religious groups
which right under the Bill of Rights: or beliefs expound their
a. liberty of movement; dogmas;
b. liberty of abode; d. Yes, because there is no
c. religion; clear and present danger in
d. life and liberty. holding a religious meeting
by another religious group
SUGGESTED ANSWER:
near a catholic church.
(c) Section 5, Article III of Constitution

SUGGESTED ANSWER:
Page 123 of 168
(a) Republic vs. Castellvi, 58 SCRA 336

(c) Ignacio vs. De la Cruz, 99 Phil. 346;
and (d) Iglesia ni Cristo vs. CA, 259 SCRA 43. Market value for purposes of
529. It is suggested that either (c) or (d) determining just compensation in
may be accepted as a correct answer. eminent domain has been described

as the fair value of property:
41. Which one is NOT a recognized a. between one who desires to
limitation to the right to information purchase and one does not
on matters of public concern: desire to sell;
a. national security matters; b. between one who desires to
b. trade secrets and banking purchase and one who wants
transactions; to delay selling;
c. criminal matters or classified c. between one who desires to
law enforcement matters; purchase and one who
d. government research data desires to sell;
used as a basis for policy d. between one who desires to
development. purchase on terms and one
who desires to sell after a
SUGGESTED ANSWER: period of time.
(d) Section 7, Article III of Constitution SUGGESTED ANSWER:
42. Which one of the following (c) City of Manila vs. Estrada, 25 Phil.
circumstances is NOT an element of 208
taking under eminent domain:
a. entering upon public 44. Under Article III, Section 12 of the
property for a momentary Constitution, any person under
period; investigation for the commission of
b. under color of legal an offense shall have the right to be
authority; informed of his right to remain
c. devoting it to public use; silent, etc. The investigation referred
d. as substantially to cust the to is called:
owner of all beneficial a. preliminary investigation;
ownership. b. summary investigation;
c. criminal investigation;
SUGGESTED ANSWER: d. custodial investigation.
Page 124 of 168
SUGGESTED ANSWER: SUGGESTED ANSWER:
(a) People vs. Sunga, 339 SCRA 624; (c) (b) Section 19, Article III of Constitution
Galman vs. Pamaran, 138 SCRA 294; (d)
Section 12, Article III of Constitution. 47. The requisites of a valid trial in
absentia exclude:
45. All persons charged shall, before a. Wherein his/her failure to
conviction, be bailable by sufficient appear is unjustifiable;
sureties, except those charged with: b. Wherein he/she allows
a. offenses punishable by death himself/herself to be
when evidence of guilt is identified by the witness in
strong; his/her absence, without
b. offenses punishable by life further unqualified
imprisonment when evidence admitting that every time
of guilt is strong; a witness mentions a name
c. offenses punishable by death by which he/she is known,
when evidence of guilt is it shall be understood to
weak; refer to him/her;
d. offenses punishable by c. Wherein he/she has been
reclusion perpetua when duly notified of the trial;
evidence of guilt is strong. d. Wherein the accused has
already been arraigned.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(d) Section 13, Article III of Constitution
(b) Carredo vs. People, 183 SCRA 373
46. Criminal trial may proceed,
notwithstanding the absence of the 48. The privilege of the writ of habeas
accused provided that he has been corpus shall not be suspended
duly notified, and his failure to except in cases of:
appear is unjustifiable, after: a. imminent danger of invasion
a. preliminary investigation; or rebellion when the public
b. arraignment; safety requires it;
c. sentencing; b. grave danger of invasion or
d. prosecution has rested its rebellion when the public
case. safety requires it;
Page 125 of 168
c. clear and present danger of a. unless for compelling

invasion or rebellion when reasons involving death
the public safety requires it; penalty crimes and the
d. invasion or rebellion when executive hereafter provides
the public safety requires for it;
it. b. unless for compelling
reasons involving heinous
SUGGESTED ANSWER: crimes and a constitutional
amendment provides for it;
(d) Section 18, Article VII of Constitution
c. unless for compelling
49. The right of the accused against
crimes and Congress
self-incrimination will be violated if:
hereafter provides for it;
a. he is charged with
d. unless for compelling
violation of the Anti-Money
Laundering Act and he was
crimes and the Supreme
required to produce his
Court hereafter upholds it.
bank passbook;
b. he is a public officer charged
SUGGESTED ANSWER:
with amassing ill-gotten
wealth and his statement of (c) Section 19(1), Article III of
assets and liabilities will be Constitution
presented as evidence;
c. his gun was subjected to a 51. An ex post facto law has been
ballistics test; defined as one:
d. a sample of his blood was a. which aggravates a crime or
taken if his blood type makes it lesser than when it
matches the blood type was committed;
found at the scene of the b. which mitigates a crime or
crime. makes it lesser than when it
was committed;
SUGGESTED ANSWER: c. which aggravates a crime
or makes it greater than
(a) Khetin vs. Villareal, 42 Phil. 886
when it was committed;
50. The death penalty shall not be

imposed:
Page 126 of 168
d. which aggravates a crime or (b) Section 1, Article IX-A of Constitution

makes it non-criminal after it
was committed. 54. The independent Constitutional
Commissions enjoy:
SUGGESTED ANSWER: a. decisional autonomy;
b. organizational autonomy;
(c) Republic vs. Eugenio, 545 SCRA 384 c. fiscal autonomy;
d. quasi-judicial autonomy.
52. A bill of attainder is:
a. an executive act which SUGGESTED ANSWER:
inflicts punishment without
tender; (c) Section 5, Article IX-A of Constitution
b. a judicial act which inflicts
punishment without tender; 55. The Civil Service shall be
c. a legislative act which administered by the Civil Service
inflicts punishment Commission composed of a:
without trial; a. Chairman and a
d. a legislative act which Commissioner;
pardons punishment after b. Chairman and two (2)
tender. Commissioners;
c. Chairman and three (3)
SUGGESTED ANSWER: Commissioners;
d. Chairman and four (4)
(c) People vs. Ferrer, 48 SCRA 382 Commissioners.
53. Which one of the following is NOT SUGGESTED ANSWER:

an independent Constitutional
Commission under Article IX, (b) Section 1(1), Article IX-B of
Section 1 of the Constitution: Constitution
a. Commission on Elections;
b. Commission on Human 56. In Oposa vs. Factoran, Jr., G.R. No.
Rights; 101083, July 30, 1993, the
c. Civil Service Commission; Supreme Court held that the
d. Commission on Audit. personality of the petitioners to sue

is based on the concept of:
SUGGESTED ANSWER: a. ecological responsibility;
Page 127 of 168
b. environmental d. culpable violation of the

accountability; duty to be at all times
c. intergenerational accountable to the people.
responsibility;
d. interdisciplinary SUGGESTED ANSWER:
responsibility.
(d) Section 2, Article XI of Constitution
SUGGESTED ANSWER:
59. Which is NOT an impeachable
(c) Oposa vs. Factoran, 224 SCRA 792 public officer:

a. a justice of the Supreme
57. In a unitary system of government, Court;
such as the government under the b. a commissioner of the
Philippine Constitution, local Comelec;
government can only be: c. the administrator of the
a. an imperuim in imperio; Supreme Court;
b. an infa-sovereign d. the Ombudsman.
subdivision;
c. a sovereign nation; SUGGESTED ANSWER:
d. a sovereign entity.
(c) Section 2, Article XI of Constitution
SUGGESTED ANSWER:
60. Which has the exclusive power to
(b) Magtajas vs. Pryce Properties initiate all cases of impeachment:
Corporation, 234 SCRA 55 a. the Senate;

b. the House of
58. Which one is NOT among the Representatives;
Constitutionally mandated grounds c. the Senate President;
for impeachment of impeachable d. the Speaker of the House of
officials: Representatives.
a. culpable violation of the
Constitution; SUGGESTED ANSWER:
b. treason, bribery, graft and

(b) Section 3(1), Article XI of
corruption and other high
Constitution
crimes;
c. betrayal of public trust;
Page 128 of 168
61. At least one-third of all the members 63. A public officer impeached and
of the House of Representatives may removed from office shall:
file articles of impeachment by: a. nevertheless be immune
a. verified bill and resolution; from prosecution, trial and
b. verified complaint and punishment according to
resolution; law;
c. verified notice and b. nevertheless be liable and
resolution; subject to prosecution, trial
d. verified complaint and and punishment under the
notice. Anti-Graft and Corrupt
Practices Act;
SUGGESTED ANSWER: c. nevertheless be liable and
subject to prosecution,
(b) Section 3(1), Article XI of
trial and punishment
Constitution
according to law;
d. nevertheless be liable and
62. The President cannot grant pardon
subject to prosecution, trial
in cases of impeachment. He may
and punishment only for
however exercise such power when:
criminal acts under the law.
a. A person convicted in an
impeachment proceeding
SUGGESTED ANSWER:
is subject to prosecution,
trial and punishment in an (c) Section 3(7), Article XI of
ordinary criminal action; Constitution
b. A person convicted in an
impeachment proceeding is 64. The Ombudsman and his deputies
granted an absolute pardon; are appointed by the President from
c. A person convicted in an a list prepared by:
impeachment proceeding a. the Integrated Bar of the
files his appeal before the Philippines;
Supreme Court; b. the Commission on
d. None of the above. Appointments;
c. the Judicial and Bar
SUGGESTED ANSWER: Council;
d. the Supreme Court.
(a) Section 19, Article VII of Constitution
SUGGESTED ANSWER:
Page 129 of 168
(c) Section 9, Article XI of Constitution b. Philippine Mission of the

International Monetary
65. SALN means: Fund;
a. Summary of assets, liabilities c. Central Bank of the
and net worth; Philippines;
b. Statement of assets in d. World Bank, Philippine
banks, liabilities and net Affiliate.
worth;
c. Statement of assets, SUGGESTED ANSWER:
liabilities and net worth;
d. Statement of personal (c) Section 20, Article XII of Constitution
assets, liabilities and net

68. The President may contract or
worth.
guarantee foreign loans on behalf of
SUGGESTED ANSWER: the Republic of the Philippines only

upon prior concurrence of the:
(c) Section 17, Article XI of Constitution a. House of Representatives;
b. Senate;
66. The independent economic planning c. Central Bank;
agency of the Government as d. Monetary Board.
provided for by the Constitution is
the: SUGGESTED ANSWER:
a. National Privatization Office;
b. National Productivity (d) Section 20, Article VII of Constitution
Commission;
69. Bona fide associations of citizens
c. National Economic
which demonstrate capacity of
Development Authority;
promote the public interest and with
d. National Economic Council.
identifiable leadership, membership,
SUGGESTED ANSWER: and structure are:

a. independent party-list
(c) Section 9, Article XII of Constitution organizations;
b. independent sectoral
67. The Independent Central Monetary organizations;
Authority of the Government is the: c. independent indigenous
a. Bankers Association of the organizations;
Philippines;
Page 130 of 168
d. independent people’s (b) Section 3(3), Article XIV of

organizations. Constitution
SUGGESTED ANSWER: 72. Academic freedom shall be enjoyed:

a. in all public institutions;
(d) Section 15, Article XIII of b. in all elementary and high
Constitution schools;
c. in all schools;
70. The principal function of the
d. in all institutions of higher
Commission on Human Rights is:
learning.
a. issue writs of injunction/
restraining orders; SUGGESTED ANSWER:
b. investigatory;
c. quasi-judicial; (d) Section 5(2), Article XIV of
d. rule-making. Constitution
SUGGESTED ANSWER: 73. Under Article 38(1) of the Statute of

the International Court of Justice,
(b) Section 18(1), Article XIII of which one of the following is NOT
Constitution considered a source of international
law:
71. Optional religious instruction in
a. international conventions;
public elementary and high schools
b. international custom;
is allowed provided it be:
c. international humanitarian
a. without additional overtime
law;
cost to Government;
d. general principles of law.
b. without additional cost to
Government; SUGGESTED ANSWER:
c. without additional cost for
religious books to (c) Article 38 of Statute of International
Government; Court of Justice (Int’l humanitarian law
d. without additional power is embodied in both customary and
consumption costs to conventional int’l law. (Fleck, the
Government. Handbook of Int’l Humanitarian Law, 2nd
ed., p.11)
SUGGESTED ANSWER:
Page 131 of 168
74. In international law, it is a norm order to stand trial or complete his

which States cannot derogate or prison term:
deviate from their agreements: a. extramediation;
a. terra nullius; b. exterrertioriality;
b. opinio juris; c. extradition;
c. jus cogens; d. extraterritoriality.
d. jus cogentus.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(c) Government of the United States of
(c) Article 53 of Vienna Convention on America vs. Purganan, 389 SCRA 623
the Law of Treaties
77. This doctrine considers the general
75. In international law, the status of an or customary norms of international
entity as a State is accepted by law as a part of municipal law and
other States through this act. It is are to be enforced as such, without
the "act by which another State regard as to whether they are
acknowledges that the political enacted as statutory or legislative
entity recognized possesses the rules or not:
attributes of statehood." a. accession;
a. accession; b. incorporation;
b. recognition; c. accretion;
c. acknowledgment; d. adoption.
d. attribution.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(b) Magallona, Fudamentals of Public
(b) Brownlie, Principles of Public International Law, p.523
International Law, 7th ed., p.86
78. Under the United Nations
76. An act or process by which a State, Conference of the Law of the Sea
in compliance with a formal demand (UNCLOS), the extent of the
or request, surrenders to another contiguous zone is:
State an alleged offender or fugitive a. 3 nautical miles from the
criminal who has sought refuge in lowest water mark;
the territory of the first State, in b. 12 miles from the outer
limits;
Page 132 of 168
c. 12 miles from the lowest state may exercise certain protective

water mark; jurisdiction:
d. 200 miles from the outer a. baseline zone;
limits. b. contiguous zone;
c. transit zone;
SUGGESTED ANSWER: d. appurtenant zone.
(c) Articles 3 and 5, Convention on the SUGGESTED ANSWER:

Law of the Sea [Note: In the statement of
the problem, the word “Conference” (b) Article 33, Conventio on the Law of
should read “Convention.” None of the The Sea
items in this MCQ is correct. Reference
to lowest water mark may not be 81. Butchoy installed a jumper cable.
accurate because this applies only to He was prosecuted under a Makati
normal baseline, not to straight baseline. ordinance penalizing such act. He
Reference to “outer limit” is misleading moved for its dismissal on the
because it does not indicate the ground that the jumper cable was
maritime zone of which it is the outer within the territorial jurisdiction of
limit, such as the “outer limt of the Mandaluyong and not Makati. The
territorial sea.”] case was dismissed. The City of

Mandaluyong thereafter filed a case
79. It is a line from which the breadth of against him for theft under the
the territorial sea and other Revised Penal Code (RCP). Is there
maritime zones is measured: double jeopardy?
a. contiguous line; a. No. The first jeopardy was
b. economic line; terminated with his express
c. baseline; consent;
d. archipelagic line. b. Yes. This is double jeopardy
of the second kind –
SUGGESTED ANSWER: prosecution for the same act
under an ordinance and a
(c) Articles 5,6 and 7, Convention on the
law;
Law of the Sea
c. Yes. He is prosecuted for the
same offense which has
80. It is a maritime zone adjacent to the
already been dismissed by
territorial seas where the coastal
the City of Makati;
Page 133 of 168
d. No. The second kind of b. legislative veto;

double jeopardy under c. legislative oversight;
Section 21, Article III only d. legislative scrutiny.
contemplates conviction or
acquittal which could SUGGESTED ANSWER:
terminate a first jeopardy.

(b) and (c) Abakada Guro Party List vs.
SUGGESTED ANSWER: Purisima, 562 SCRA 251. It is suggested

that either (b) or (c) may be accepted as a
(d) Zapatos vs. People, 411 SCRA 148 correct answer.
82. One of the cardinal primary due 84. Which one of the enumeration below
process rights in administrative does not come under the
proceedings is that evidence must Administrative Code definition of a
be "substantial." "Substantial "rule":
evidence" is: a. agency statement of general
a. less than a mere scintilla; applicability that implements
b. less than preponderant or interprets a law;
scintilla; b. fixes and describes the
c. more than a glint of scintilla; procedures in or practice
d. more than a mere scintilla. requirements of, an agency;
c. includes memoranda and
SUGGESTED ANSWER: statements concerning
internal administration;
(d) Ang Tibay vs. CIR, 69 Phil. 636
d. an agency process for the
formulation of a final
83. A statutory provision requiring the
order.
President or an administrative
agency to present the proposed
SUGGESTED ANSWER:
implementing rules and regulations
of a law to Congress which by itself (d) Section 2(2), Chapter 1, Book VII of
or through a committee formed by Administrative Code
it, retains a "right" or "power" to
approve or disapprove such 85. Under the Administrative Code,
regulations before they may take "adjudication" means:
effect, is a: a. whole or any part of any
a. legislative encroachment; agency permit, certificate, or
Page 134 of 168
other form of permission, or views prior to the adoption of

regulation of the exercise of a any rule;
right or privilege; c. as far as practicable, publish
b. an agency process for the or circulate notices of
formulation of a final proposed rules and afford
order; the party-list parties the
c. agency process for the opportunity to submit their
formulation, amendment, or views prior to the adoption of
repeal of a rule; any rule;
d. agency process involving the d. as far as practicable,
grant, renewal, denial, publish or circulate notices
revocation or conditioning of of proposed rules and
a license. afford interested parties
the opportunity to submit
SUGGESTED ANSWER: their views prior to the
adoption of any rule.
(b) Section 2(9), Chapter 1, Book VII of
Administrative Code SUGGESTED ANSWER:
86. The requirement of the (d) Section 9(1), Chapter 2, Book VII of
Administrative Code on "public Administrative Code
participation" is that, if not
otherwise required by law, an 87. Under the Administrative Code, in
agency shall: the fixing of rates, no rules or final
a. in all cases, publish or order shall be valid unless:
circulate notices of proposed a. the proposed rates shall have
rules and afford interested been submitted to the U.P.
parties the opportunity to Law Center for publication at
submit their views prior to least two weeks before the
the adoption of any rule; first hearing thereon;
b. in all clear and proper cases, b. the proposed rates shall have
publish or circulate notices been published in the Official
of proposed rules and afford Gazette at least two weeks
interested parties the before the final hearing
opportunity to submit their thereon;
Page 135 of 168
c. the proposed rates shall 89. In the judicial review of decisions of

have been published in a administrative agencies, the
newspaper of general Administrative Code requires that,
circulation at least two except when specifically provided
weeks before the first otherwise by law:
hearing thereon; a. the findings of law of agency
d. the proposed rates shall have when supported by
been published in a substantial evidence, shall
newspaper of general be final;
circulation at least two b. the findings of fact of the
weeks before the final agency when supported by
hearing thereon. preponderant evidence,
shall be final;
SUGGESTED ANSWER: c. the findings of fact of the
agency when supported by
(c) Section 9(2), Chapter 2, Book VII of
substantial evidence, shall
Administrative Code
be final;
d. the findings of law of the
88. In the judicial review of decisions of
agency when supported by
administrative agencies, the
credible evidence, shall be
Administrative Code requires that
final.
the review shall be made:
a. on the basis of the pleadings
SUGGESTED ANSWER:
taken as a whole;
b. on the basis of the record (b) Section 25(7), Chapter 4, Book VII of
taken as a whole; Administrative Code
c. on the basis of the evidence
taken as a whole; 90. The right of the accused to be
d. on the basis of the informed is violated if:
memoranda taken as a a. he was accused of killing
whole. his wife by strangulation
but it was proven that his
SUGGESTED ANSWER: wife died of poisoning;
b. it was proven that he killed
(b) Section 25(7), Chapter 4, Book VII of
somebody on a date different
Administrative Code
Page 136 of 168
from the one alleged in the d. protected judicial discretion.

information;
c. he was charged with SUGGESTED ANSWER:
parricide but was convicted

(a) Chavez vs. Gonzales, 545 SCRA 441
of murder, because it turned
out that he and the victim
93. In the law of libel and protected
were not married;
speech, a person who, by his
d. the accused was charged
accomplishments, fame, or mode of
with commission of acts of
living, or by adopting a profession or
lasciviousness and was
calling which gives the public a
convicted of unjust vexation.
legitimate interest in his doings, his
affairs, and his character, has
SUGGESTED ANSWER:
become a:
(a) People vs. Ortega, 276 SCRA 166 a. public figure;

b. celebrity;
91. A criminal statute that "fails to give c. public official;
a person of ordinary intelligence fair d. de facto public officer.
notice that his contemplated
conduct is forbidden by statute" is: SUGGESTED ANSWER:
a. void for fair notice;

(a) Ayers Production Pty., Ltd. vs.
b. void for arbitrariness;
Capulong, 160 SCRA 861
c. void for vagueness;
d. void conclusively.
94. Which one of the following is not a
proper test in cases of challenges to
SUGGESTED ANSWER:
governmental acts that may violate
(c) Estrada vs. Sandiganbayan, 369 SCRA protected speech:
394 a. clear and present danger;

b. balancing of interests;
92. "Chilling effect" is a concept used in c. reasonable relation;
the area of constitutional litigation d. dangerous tendency.
affecting:
a. protected speech; SUGGESTED ANSWER:
b. protected executive privilege;

(d) Chavez vs. Gonzales, 545 SCRA 441
c. protected legislative
discretion;
95. Commercial speech is entitled to:
Page 137 of 168
a. more protection compared to to commit a crime because in these

other constitutionally cases, the "seller" has already
guaranteed expression; decided to commit a crime. The
b. equal protection compared to offense happens right before the
other constitutionally eyes of the officer. Under these
guaranteed expression; circumstances:
c. lesser protection compared a. there is a need for an
to other constitutionally administrative but not a
guaranteed expression; judicial warrant for seizure of
d. none of the above. goods and arrest of the
offender;
SUGGESTED ANSWER: b. there is need for a warrant
for the seizure of the goods
(c) Iglesia ni Cirsto vs. CA, 259 SCRA
and for the arrest of the
529
offender;
c. there is no need for a
96. No liability can attach to a false,
warrant either for the
defamatory statement if it relates to
seizure of the goods or for
official conduct, unless the public
the arrest of the offender;
official concerned proves that the
d. the offender can be arrested
statement was with knowledge that
but there is a need for a
it was false or with reckless
separate warrant for the
disregard of whether it was false or
seizure of the goods.
not. This is known as what rule?
a. libel malice rule;
SUGGESTED ANSWER:
b. actual malice rule;
c. malice in fact rule; (c) People s. Bohol, 560 SCRA 232
d. legal malice rule.
98. Where a police officer observes
SUGGESTED ANSWER: unusual conduct which leads him
reasonably to conclude in light of
(b) Vasques vs. CA, 314 SCRA 460
his experience that criminal activity
may be afoot and that the persons
97. It is form of entrapment. The
with whom he is dealing may be
method is for an officer to pose as a
armed and dangerous and he
buyer. He, however, neither
identifies himself and makes
instigates nor induces the accused
Page 138 of 168
reasonable inquiries, but nothing b. right to be presumed

serves to dispel his reasonable fear innocent;
for his own or other’s safety, he is c. right to counsel;
entitled to conduct a carefully d. right to production of
limited search of the outer clothing evidence.
of such persons for weapons. Such
search is constitutionally SUGGESTED ANSWER:
permissible and is known as a:

(c) People vs. Holgado, 85 Phil. 752
a. stop and search;
b. stop and frisk;
100. The constitutional right of an
c. stop and interrogate;
accused "to meet the witnesses face
d. stop and detain.
to face" is primarily for the purpose
of affording the accused an
SUGGESTED ANSWER:
opportunity to:
(b) Terry vs. Ohio, 392 U.S.I a. identify the witness;

b. cross-examine the witness;
99. Accused was charged with slight c. be informed of the witness;
illegal detention. On the day set for d. be heard.
the trial, the trial court proceeded as
follows: SUGGESTED ANSWER:
(b) People vs. Montenegro, 436 SCRA 33

Q: "Do you have an
"Court: to
attorney or are you going
the accused:
to plead guilty?"
A: "I have no lawyer and i

will plead guilty."
-0-0-0-
Accused was then arraigned,
pleaded guilty, was found guilty and
sentenced. On appeal, the Supreme
Court reversed. The accused was
deprived of his:
a. right to cross-examination;
Page 139 of 168
2011 Political Law Exam of the President which reinstated the

LTFRB’s ruling. BB Express went to the
MCQ (November 6, 2011) Court of Appeals on certiorari questioning
the decision of the Office of the President on
(1) Filipino citizenship may be acquired
the ground that Office of the President has
through judicial naturalization only by an
no jurisdiction over the case in the absence
alien
of any law providing an appeal from DOTC
to the Office of the President. Will the
(A) born, raised, and educated in the
petition prosper?
Philippines who has all the
qualifications and none of the
(A) No, exhaustion of administrative
disqualifications to become a
remedies up to the level of the
Filipino citizen.
President is a pre-requisite to
judicial recourse.
(B) who has all the qualifications
and none of the disqualifications
(B) No, the action of the DOTC
to become a Filipino citizen.
Secretary bears only the implied
approval of the President who is
(C) born and raised in the
not precluded from reviewing the
Philippines who has all the
decision of the former.
qualifications and none of the
disqualifications to become a
(C) Yes, when there is no law
Filipino citizen.
providing an appeal to the Office of
the President, no such appeal may
(D) whose mother or father is a
be pursued.
naturalized Filipino and who himself
is qualified to be naturalized.
(D) Yes, the doctrine of qualified
political agency renders
(2) Jax Liner applied for a public utility bus
unnecessary a further appeal to the
service from Bacolod to Dumaguete from
Office of the President.
the Land Transportation Franchising and
Regulatory Board (LTFRB). BB Express
(3) Where A is set for promotion to
opposed. LTFRB ruled in favor of Jax. BB
Administrative Assistant III and B to the
appealed to the Secretary of the
post of Administrative Assistant II vacated
Department of Transportation and
by A, the appointing authority must
Communication (DOTC), who reversed the
LTFRB decision. Jax appealed to the Office
Page 140 of 168
(A) submit to the CSC the two Commission (CSC) subsequently found him
promotional appointments guilty and after considering a number of
together for approval. mitigating circumstances, reduced his
penalty to only one month suspension. Is
(B) not appoint B until the CSC has Mario entitled to back salaries?
approved A’s appointment.
(A) Yes, the reduction of the penalty
(C) submit to the Civil Service means restoration of his right to
Commission (CSC) the second back salaries.
appointment after its approval of the
first. (B) No, the penalty of one month
suspension carries with it the
(D) simultaneously issue the forfeiture of back salaries.
appointments of A and B.
(C) No, he is still guilty of grave
(4) When a witness is granted transactional misconduct, only the penalty was
immunity in exchange for his testimony on reduced.
how his immediate superior induced him to
destroy public records to cover up the (D) Yes, corresponding to the period
latter's act of malversation of public funds, of his suspension pending appeal
the witness may NOT be prosecuted for less one month.
(A) direct contempt. (6) Althea, a Filipino citizen, bought a lot in

the Philippines in 1975. Her predecessors-
(B) infidelity in the custody of in-interest have been in open, continuous,
public records. exclusive and notorious possession of the
lot since 1940, in the concept of owner. In
(C) falsification of public documents.
1988, Althea became a naturalized
Australian citizen. Is she qualified to apply
(D) false testimony.
for registration of the lot in her name?
(5) Mario, a Bureau of Customs’ examiner,

(A) Yes, provided she acquires back
was administratively charged with grave
her Filipino citizenship.
misconduct and preventively suspended
pending investigation. The head of office
(B) No, except when it can be proved
found him guilty as charged and ordered
that Australia has a counterpart
his dismissal. The decision against him was
executed pending appeal. The Civil Service
Page 141 of 168
domestic law that also favors former (D) expediency.

Filipino citizens residing there.
(9) An appointment held at the pleasure of
(C) Yes, the lot is already private the appointing power
in character and as a former
natural-born Filipino, she can buy (A) essentially temporary in
the lot and apply for its nature.
registration in her name.

(B) requires special qualifications of
(D) No, foreigners are not allowed to the appointee.
own lands in the Philippines.

(C) requires justifiable reason for its
(7) The privacy of communication and termination.
correspondence shall be inviolable except

(D) is co-extensive with the term of
upon lawful order of the court or when
the public officer who appointed
(A) public safety or public health him.
requires otherwise as prescribed by

(10) The city government filed a complaint
law.
for expropriation of 10 lots to build a
(B) dictated by the need to maintain recreational complex for the members of the
public peace and order. homeowners' association of Sitio Sto.

Tomas, the most populated residential
(C) public safety or order requires compound in the city. The lot owners
otherwise as prescribed by law. challenged the purpose of the
expropriation. Does the expropriation have
(D) public safety or order requires a valid purpose?
otherwise as determined by the
President. (A) No, because not everybody uses
a recreational complex.
(8) One advantage of a written Constitution
is its (B) No, because it intends to
benefit a private organization.
(A) reliability.
(C) Yes, it is in accord with the
(B) permanence. general welfare clause.
(C) flexibility.
Page 142 of 168
(D) Yes, it serves the well-being of (C) No, international agreements are
the local residents. sui generis which must stand
independently of our domestic laws.
(11) An example of a content based
restraint on free speech is a regulation (D) Yes, the executive agreement is
prescribing actually a treaty which does not
take effect without ratification by
(A) maximum tolerance of pro- the Senate.
government demonstrations.
(13) Jose Cruz and 20 others filed a petition
(B) a no rally-no permit policy. with the COMELEC to hold a plebiscite on
their petition for initiative to amend the
(C) when, where, and how lawful
Constitution by shifting to a unicameral
assemblies are to be conducted.
parliamentary form of government.
Assuming that the petition has been signed
(D) calibrated response to rallies
by the required number of registered voters,
that have become violent.
will it prosper?
(12) The President forged an executive

(A) No, only Congress can exercise
agreement with Vietnam for a year supply
the power to amend the
of animal feeds to the Philippines not to
Constitution.
exceed 40,000 tons. The Association of
Animal Feed Sellers of the Philippines
(B) Yes, the people can substantially
questioned the executive agreement for
amend the Constitution by direct
being contrary to R.A. 462 which prohibits
action.
the importation of animal feeds from Asian
countries. Is the challenge correct? (C) Yes, provided Congress concurs
in the amendment.
(A) Yes, the executive agreement
is contrary to our existing (D) No, since they seek, not an
domestic law. amendment, but a revision.
(B) No, the President is the sole (14) The Comelec en banc cannot hear and
organ of the government in external decide a case at first instance EXCEPT
relations and all his actions as such when
form part of the law of the land.
Page 143 of 168
(A) a Division refers the case to it for (D) based on the objection of the
direct action. accused to the prosecution's
motion to postpone trial.
(B) the case involves a purely
administrative matter. (17) The new Commissioner of Immigration,
Mr. Suarez, issued an Office Order directing
(C) the inhibition of all the members the top immigration officials to tender
of a Division is sought. courtesy resignation to give him a free hand
in reorganizing the agency. In compliance,
(D) a related case is pending before
Director Sison of the Administrative
the Supreme Court en banc.
Department tendered his resignation in
writing which Mr. Suarez immediately
(15) Each of the Constitutional
accepted. Director Sison went to court,
Commissions is expressly described as
assailing the validity of his courtesy
"independent," exemplified by its
resignation and Mr. Suarez’s acceptance of
(A) immunity from suit. the same. Will the action prosper?
(B) fiscal autonomy. (A) No, Director Sison tendered his

resignation and it was accepted.
(C) finality of action.
(B) No, estoppel precludes Director
(D) collegiality. Sison from disclaiming the
resignation he freely tendered.
(16) There is double jeopardy when the
dismissal of the first case is (C) Yes,for so long as no one has yet
been appointed to replace him,
(A) made at the instance of the Director Sison may still withdraw
accused invoking his right to fair his resignation.
trial.
(D) Yes, Director Sison merely
(B) made upon motion of the complied with the order of the
accused without objection from the head of office; the element of
prosecution. clear intention to relinquish
office is lacking.
(C) made provisionally without
objection from the accused. (18) An administrative rule that fixes rates
is valid only when the proposed rates are
Page 144 of 168
(A) published and filed with the UP (D) The rules of court should prevail
Law Center. since just compensation is a
procedural matter subject to the
(B) published and hearings are rule making power of the Supreme
conducted. Court.
(C) published and posted in three (20) After X, a rape suspect, was apprised of
public places. his right to silence and to counsel, he told
the investigators that he was waiving his
(D) published and all stakeholders
right to have his own counsel or to be
are personally notified.
provided one. He made his waiver in the
presence of a retired Judge who was
(19) The government sought to expropriate
assigned to assist and explain to him the
a parcel of land belonging to Y. The law
consequences of such waiver. Is the waiver
provides that, to get immediate possession
valid?
of the land, the government must deposit
the equivalent of the land's zonal value. The
(A) No, the waiver was not reduced
government insisted, however, that what
in writing.
apply are the rules of court which require
an initial deposit only of the assessed value (B) Yes, the mere fact that the
of the property. Which should prevail on lawyer was a retired judge does not
this matter, the law or the rules of court? cast doubt on his competence and
independence.
(A) Both law and rules apply
because just compensation should (C) Yes, the waiver was made
be fixed based on its zonal or voluntarily, expressly, and with
assessed value, whichever is higher. assistance of counsel.
(B) Both law and rules apply (D) No, a retired Judge is not a
because just compensation should competent and independent
be fixed based on its zonal or counsel.
assessed value, whichever is lower.
(21) Governor Paloma was administratively
(C) The law should prevail since charged with abuse of authority before the
the right to just compensation is Office of the President. Pending hearing, he
a substantive right that Congress ran for reelection and won a second term.
has the power to define. He then moved to dismiss the charge
Page 145 of 168
against him based on this supervening (A) only to present conditions.

event. Should the motion be granted?
(B) so long as it remains relevant to
(A) Yes, Governor Paloma's the government.
reelection is an expression of the
electorate's obedience to his will. (C) for a limited period only.
(B) No, Governor Paloma's reelection (D) for as long as the problem to
cannot extinguish his liability for be corrected exists.
malfeasance in office.
(24) The President wants to appoint A to the
(C) No, Governor Paloma's reelection vacant post of Associate Justice of the
does not render moot the Supreme Court because of his
administrative case already pending qualifications, competence, honesty, and
when he filed his certificate of efficiency. But A’s name is not on the list of
candidacy for his reelection bid. nominees that the Judicial and Bar Council
(JBC) submitted to the President. What
(D) Yes, Governor Paloma's should the President do?
reelection is an expression of the
electorate's restored trust. (A) Request the JBC to consider
adding A to the list.
(22) The decision of the Regional Trial Court
on appeals pertaining to inclusions or (B) Decline to appoint from the list.
exclusions from the list of voters

(C) Appoint from the list.
(A) is inappealable.
(D) Return the list to JBC.
(B) is subject to an action for

(25) Courts may still decide cases that have
annulment.
otherwise become academic when they
(C) may be brought straight to the involve
Supreme Court.
(A) the basic interest of people.
(D) is appealable to the Commission

(B) petitions for habeas corpus.
on Elections.
(C) acts of the Chief Executive.

(23) The equal protection clause allows
valid classification of subjects that applies
Page 146 of 168
(D) Presidential election protests. House of Representatives Committee on

Justice found the verified complaint for
(26) The right of the State to prosecute impeachment against the President
crimes by available evidence must yield to sufficient in form but insufficient in
the right of substance. Within the same year, another
impeachment suit was filed against the
(A) the accused against self-
President who questioned the same for
incrimination.
being violative of the Constitution. Is the
President correct?
(B) another State to extradite a
fugitive from justice.
(A) No, "initiated" means the Articles
of Impeachment have been actually
(C) the State to deport undesirable
filed with the Senate for trial; this
aliens.
did not yet happen.
(D) the complainant to drop the case

(B) No, the first complaint was not
against the accused.
deemed initiated because it was
(27) A temporary appointee to a public originally filed with the Senate.
office who becomes a civil service eligible

(C) Yes, the dismissal of the first
during his tenure
impeachment proceeding bars the
(A) loses his temporary appointment initiation of another during the
without prejudice to his re- same term of the President.
appointment as permanent.
(D) Yes, no impeachment
(B) has the right to demand proceeding can be filed against
conversion of his appointment to the President more than once
permanent. within a year.
(C) automatically becomes a (29) The Solicitor General declines to
permanent appointee. institute a civil action on behalf of a

government agency due to his strained
(D) retains his temporary relation with its head, insisting that the
appointment. agency’s lawyers can file the action. Is the
Solicitor General correct?
(28) Upon endorsement from the Senate
where it was first mistakenly filed, the
Page 147 of 168
(A) Yes, when he deems he cannot (31) The Metro Manila Development
harmoniously and effectively work Authority (MMDA) passed a rule
with the requesting agency. authorizing traffic enforcers to impound
illegally parked vehicles, for the first
(B) No, he must, in choosing offense, and confiscate their registration
whether to prosecute an action, plates for the second. The MMDA issued
exercise his discretion according this rule to implement a law that
to law and the best interest of the authorized it to suspend the licenses of
State. drivers who violate traffic rules. Is the
MMDA rule valid?
(C) Yes, as in any lawyer-client
relationship, he has the right to (A) No, since the MMDA does not
choose whom to serve and have rule-making power.
represent.
(B) Yes, it is a valid exercise of the
(D) No, the Solicitor General's duty power of subordinate legislation.
to represent the government, its
offices and officers is mandatory and (C) Yes, it is an implicit consequence
absolute. of the law upon which it acted.
(30) A department secretary may, with the (D) No, the rule goes beyond the
President's consent, initiate his appearance sphere of the law.
before the Senate or the House of
Representatives which (32) Senator Bondoc was charged with
murder and detained at the Quezon City
(A) must seek the concurrence of the Jail. He invoked, in seeking leave from the
other House before acting. court to attend the session of the Senate,
his immunity from arrest as a Senator. How
(B) must hold an executive session should the court rule on his motion?
to hear the department secretary.
(A) Deny the motion unless the
(C) may altogether reject the Senate issues a resolution certifying
initiative. to the urgency of his attendance at
its sessions.
(D) must accept such initiated
appearance.
Page 148 of 168
(B) Grant the motion provided he (C) X is entitled to reinstatement but

posts bail since he is not a flight not to back salaries on ground of
risk. "damnum absque injuria."
(C) Grant the motion so as not to (D) X is entitled to reinstatement

deprive the people who elected him and back salaries during his
their right to be represented in the suspension pending appeal.
Senate.
(34) Courts may dismiss a case on ground
(D) Deny the motion since of mootness when
immunity from arrest does not
apply to a charge of murder. (A) the case is premature.
(33) X, an administrative officer in the (B) petitioner lacks legal standing.
Department of Justice, was charged with

(C) the questioned law has been
grave misconduct and preventively
repealed.
suspended for 90 days pending
investigation. Based on the evidence, the
(D) the issue of validity of law was
Secretary of Justice found X guilty as
not timely raised.
charged and dismissed him from the
service. Pending appeal, X's dismissal was (35) Alfredo was elected municipal mayor
executed. Subsequently, the Civil Service for 3 consecutive terms. During his third
Commission (CSC) reversed the Secretary’s term, the municipality became a city.
decision and the reversal became final and Alfredo ran for city mayor during the next
executory. What is the effect of X's immediately succeeding election. Voltaire
exoneration? sought his disqualification citing the 3 term
limit for elective officials. Will Voltaire's
(A) X is entitled to reinstatement
action prosper?
and back salaries both during his
90 day preventive suspension and (A) No, the 3 term limit should not
his suspension pending appeal. apply to a person who is running for
a new position title.
(B) X is entitled to reinstatement
and back salaries corresponding (B) Yes, the 3 term limit applies
only to the period of delay caused by regardless of any voluntary or
those prosecuting the case against involuntary interruption in the
him. service of the local elective official.
Page 149 of 168
(C) Yes, the 3 term limit (C) ex parte.

uniformly applies to the office of
mayor, whether for city or (D) through speedy arbitration.
municipality.
(38) When the President orders the Chief of
(D) No, the 3 term limit should not the Philippine National Police to suspend
apply to a local government unit the issuance of permits to carry firearms
that has assumed a different outside the residence, the President
corporate existence. exercises
(36) In what scenario is an extensive search (A) the power of control.
of moving vehicles without warrant valid?

(B) the Commander-in-Chief power.
(A) The police became suspicious on

(C) the power of supervision.
seeing something on the car’s back
seat covered with blanket.
(D) the calling out power.
(B) The police suspected an

(39) Carlos, a foreign national was charged
unfenced lot covered by rocks and
with and convicted of a serious crime in
bushes was planted to marijuana.
State X and sentenced to life imprisonment.
His country applied for relief with the
(C) The police became suspicious
International Court of Justice (ICJ), arguing
when they saw a car believed to be
that State X did not inform Carlos of his
of the same model used by the
right under Article 36 of the Vienna
killers of a city mayor.
Convention to be accorded legal assistance
(D) The driver sped away in his by his government. State X, as signatory to
car when the police flagged him the Vienna Convention, agreed to ICJ's
down at a checkpoint. compulsory jurisdiction over all disputes

regarding the interpretation or application
(37) Pre-proclamation controversies shall be of the Vienna Convention. ICJ ruled that
heard State X violated its obligation to provide
consular notification to the foreign
(A) summarily without need of national's country. ICJ also required State
trial. X to review and reconsider the life sentence
imposed on the foreign national. State X
(B) through trial by commissioner.
then wrote the United Nations informing
Page 150 of 168
that it was withdrawing from the Optional (C) Yes, the police acted based on
Protocol on Vienna Convention and was not reliable information and the fact
bound by the ICJ decision. What principle that an officer saw the driver
of international law did State X violate? carrying a gun.
(A) Pacta Sunt Servanda (D) No, police officers do not have
unbridled discretion to conduct a
(B) Act of State Doctrine warrantless search of moving
vehicles.
(C) Protective Principle
(41) The Commission on Elections is an

(D) Jus Cogens
independent body tasked to enforce all laws
relative to the conduct of elections. Hence,
(40) An informer told the police that a
it may
Toyota Car with plate ABC 134 would
deliver an unspecified quantity of ecstacy in
(A) conduct two kinds of electoral
Forbes Park, Makati City. The officers
count: a slow but official count; and
whom the police sent to watch the Forbes
a quick but unofficial count.
Park gates saw the described car and
flagged it down. When the driver stopped (B) make an advance and unofficial
and lowered his window, an officer saw a canvass of election returns through
gun tucked on the driver's waist. The officer electronic transmission.
asked the driver to step out and he did.
When an officer looked inside the car, he (C) undertake a separate and
saw many tablets strewn on the driver's unofficial tabulation of the results of
seat. The driver admitted they were ecstacy. the election manually.
Is the search valid?
(D) authorize the citizens arm to
(A) No, the rule on warrantless use election returns for unofficial
search of moving vehicle does not count.
allow arbitrariness on the part of the
police. (42)The President may proclaim martial law
over a particular province subject to
(B) Yes, the police officers had the revocation or extension
duty to verify the truth of the
information they got and pursue it (A) by Congress,subject to
to the end. ratification by the Supreme Court.
Page 151 of 168
(B) by the Supreme Court. (A) No, because the law prohibits
relatives from working within the
(C) by Congress alone same government unit.
(D) by Congress, upon (B) Yes, because Maria’s position

recommendation of the respective does not fall within the
Sangguniang Panlalawigan. prohibition.
(43) During his incumbency, President (C) No, because her mother is not
Carlos shot to death one of his advisers the designating authority.
during a heated argument over a game of
golf that they were playing. The deceased (D) No, because Maria is related to
adviser’s family filed a case of homicide the supervising authority within the
against President Carlos before the city prohibited degree of consanguinity.
prosecutor’s office. He moved to dismiss the
case, invoking presidential immunity from (45) The President's appointment of an
suit. Should the case be dismissed? acting secretary although Congress is in

session is
(A) Yes, his immunity covers his
interactions with his official family, (A) voidable.
including the deceased adviser.

(B) valid.
(B) No, his immunity covers only

(C) invalid.
work-related crimes.
(D) unenforceable.
(C) Yes, his immunity holds for
the whole duration of his tenure.
(46) Congress passed a bill appropriating
P50 million in assistance to locally based
(D) No, his immunity does not cover
television stations subject to the condition
crimes involving moral turpitude.
that the amount would be available only in
(44) The School Principal of Ramon places where commercial national television
Magsaysay High School designated Maria, stations do not operate. The President
her daughter, as public school teacher in approved the appropriation but vetoed the
her school. The designation was assailed on condition. Was the veto valid?
ground of nepotism. Is such designation

(A) Yes, since the vetoed condition
valid?
may be separated from the item.
Page 152 of 168
(B) Yes, the President's veto power is "notorious street gang members." Is the
absolute. ordinance valid?
(C) No, since the veto amounted to a (A) No, it leaves the public
suppression of the freedom to uncertain as to what conduct it
communicate through television. prohibits.
(D) No, since the approval of the (B) No, since it discriminates
item carried with it the approval between loitering in public places
of the condition attached to it. and loitering in private places.
(47) In the exercise of its power of legislative (C) Yes, it provides fair warning to
inquiries and oversight functions, the gang members prior to arrest
House of Representatives or the Senate may regarding their unlawful conduct.
only ask questions
(D) Yes, it is sufficiently clear for the
(A) that the official called is willing public to know what acts it
to answer. prohibits.
(B) that are relevant to the proposed (49) The people may approve or reject a
legislation. proposal to allow foreign investors to own
lands in the Philippines through an
(C) to which the witness gave his electoral process called
prior consent.
(A) referendum.
(D) material to the subject of
inquiry. (B) plebiscite.
(48) An ordinance prohibits "notorious (C) initiative.

street gang members" from loitering in
public places. The police are to disperse (D) certification.
them or, if they refuse, place them under

(50) Where a candidate for the Senate
arrest. The ordinance enumerates which
stated in his certificate of candidacy that he
police officers can make arrest and defines
is single, when he is very much married,
street gangs, membership in them, and
though separated, his certificate of
public areas. The ordinance was challenged
candidacy
for being vague regarding the meaning of
Page 153 of 168
(A) may be canceled. (C) a valid exercise of police power.
(B) will subject him to a quo (D) invalid for being discriminatory.
warranto action.
(53) Small-scale utilization of natural
(C) remains valid. resources by Filipino citizens may be
allowed by
(D) may be denied due course.
(A) Congress.
(51) A candidate who commits vote buying
on Election Day itself shall be prosecuted (B) either the Senate or the House of
by the Representatives.
(A) COMELEC. (C) the President.
(B) Secretary of Justice. (D) the President with the consent of

Congress.
(C) police and other law enforcement
agencies. (54) When the Civil Service Commission
(CSC) approves the appointment of the
(D) City or Provincial Prosecutor. Executive Director of the Land
Transportation Franchising and Regulatory
(52) A law authorized the Secretary of
Board who possesses all the prescribed
Agriculture to require the quarantine of
qualifications, the CSC performs
animals that suffer from dangerous
communicable diseases at such place and (A) a discretionary duty.
for such time he deems necessary to
prevent their spread. The Secretary of (B) a mix discretionary and
Agriculture issued a regulation, imposing a ministerial duty.
penalty of imprisonment for 10 days on
persons transporting quarantined animals (C) a ministerial duty.
without his permission. The regulation is

(D) a rule-making duty.
(A) a valid exercise of the power of

(55) Xian and Yani ran for Congressman in
subordinate legislation.
the same district. During the canvassing,
(B) invalid for being ultra vires. Yani objected to several returns which he
said were tampered with. The board of
Page 154 of 168
canvassers did not entertain Yani's (A) the operative fact doctrine.
objections for lack of authority to do so.
Yani questions the law prohibiting the filing (B) the rule against double jeopardy.
of pre-proclamation cases involving the

(C) the doctrine of supervening
election of Congressmen since the
event.
Constitution grants COMELEC jurisdiction
over all pre-proclamation cases, without
(D) the orthodox doctrine.
distinction. Is Yani correct?
(57) Accused X pleaded not guilty to the

(A) Yes, the Constitution grants
charge of homicide against him. Since he
jurisdiction to COMELEC on all pre-
was admitted to bail, they sent him notices
proclamation cases, without
to attend the hearings of his case. But he
exception.
did not show up, despite notice, in four
successive hearings without offering any
(B) No, COMELEC’s jurisdiction
justification. The prosecution moved to
over pre-proclamation cases
present evidence in absentia but the court
pertains only to elections for
denied the motion on the ground that the
regional, provincial, and city
accused has a right to be present at his
officials.
trial. Is the court correct?
(C) No, COMELEC’s jurisdiction over

(A) No, the court is mandated to
pre-proclamation cases does not
hold trial in absentia when the
include those that must be brought
accused had been arraigned, had
directly to the courts.
notice, and his absence was
(D) Yes, any conflict between the law unjustified.
and the Constitution relative to

(B) Yes, it remains discretionary on
COMELEC's jurisdiction must be
the court whether to conduct trial in
resolved in favor of the Constitution.
absentia even if the accused had
(56) When the Supreme Court nullified the been arraigned and had notice and
decisions of the military tribunal for lack of did not justify his absence.
jurisdiction, it excluded from their coverage

(C) Yes, it is within the court's
decisions of acquittal where the defendants
discretion to determine how many
were deemed to have acquired a vested
postponements it will grant the
right. In so doing, the Supreme Court
applied
Page 155 of 168
accused before trying him in (A) a private sheriff.

absentia.
(B) a public officer.
(D) No, the court may reject trial in
absentia only on grounds of fraud, (C) a private warehouseman.
accident, mistake, or excusable

(D) an agent of the party to whom
negligence.
the property will ultimately be
(58) Following COMELEC Chairman Bocay's awarded.
conviction for acts of corruption in the

(60) The COMELEC en banc shall decide a
impeachment proceedings, he was indicted
motion for reconsideration of
for plunder before the Sandiganbayan and
found guilty, as charged. Can he get
(A) the House or Representatives
Presidential pardon on the plunder case?
and the Senate electoral tribunals.
(A) No, plunder is not a pardonable

(B) the decision of the election
offense.
registrar.
(B) No, conviction in a criminal case

(C) the decision of the COMELEC
for the same acts charged in the
division involving an election
impeachment proceedings is not
protest.
pardonable.
(D) its own decision involving an

(C) Yes, convictions in two different
election protest.
fora for the same acts, are too harsh
that they are not beyond the reach (61) Adela served as Mayor of Kasim for 2
of the President’s pardoning power. consecutive terms. On her third term,
COMELEC ousted her in an election protest
(D) Yes, conviction in court in a
that Gudi, her opponent, filed against her.
criminal action is subject to the
Two years later, Gudi faced recall
President's pardoning power.
proceedings and Adela ran in the recall
election against him. Adela won and served
(59) A private person constituted by the
as Mayor for Gudi's remaining term. Can
court as custodian of property attached to
Adela run again for Mayor in the next
secure a debt sought to be recovered in a
succeeding election without violating the 3
civil proceeding is
term limit?
Page 156 of 168
(A) No, she won the regular (C) punishment for a crime where
mayoralty election for two one has been duly convicted.
consecutive terms and the recall
election constitutes her third term. (D) condition precedent to one's
valid arraignment.
(B) A. No, she already won the
mayoralty election for 3 consecutive (64) Van sought to disqualify Manresa as
terms. congresswoman of the third district of

Manila on the ground that the latter is a
(C) Yes, her ouster from office in greencard holder. By the time the case was
her third term interrupted the decided against Manresa, she had already
continuity of her service as served her full term as congresswoman.
mayor. What was Manresa's status during her
incumbency as congresswoman?
(D) Yes, the fresh mandate given her
during the recall election erased her (A) She was a de jure officer, having
disqualification for a third term. been duly elected.
(62) A child born in the United States to a (B) She was not a public officer
Filipino mother and an American father is because she had no valid existing
public office.
(A) a Filipino citizen by election.
(C) She was a de jure officer since
(B) a repatriated Filipino citizen. she completed her term before she
was disqualified.
(C) a dual citizen.
(D) She was a de facto officer

(D) a natural born Filipino citizen.
since she was elected, served, and
her disqualification only came
(63) Involuntary servitude may be required
later.
as
(65) Whose appointment is NOT subject to

(A) part of rehabilitation of one duly
confirmation by the Commission on
charged with a crime.
Appointments?
(B) substitute penalty for one who

(A) Chairman of the Civil Service
has been duly tried for a crime.
Commission
Page 157 of 168
(B) Chief Justice of the Supreme (68) Associate Justice A retires from the
Court Supreme Court 90 days before the
forthcoming Presidential election. May the
(C) Chief of Staff of the Armed incumbent President still appoint Justice
Forces of the Philippines A's successor?
(D) Executive Secretary (A) No, it will violate the

Constitutional prohibition against
(66) The system of checks and balances
midnight appointments.
operates when
(B) Yes, vacancies in the Supreme

(A) the President nullifies a
Court should be filled within 90
conviction in a criminal case by
days from occurrence of the
pardoning the offender.
vacancy.
(B) Congress increases the budget

(C) Yes, vacancies in the Supreme
proposal of the President.
Court should be filled within 90
days from submission of JBC
(C) the President does not release
nominees to the President.
the countryside development funds
to members of Congress.
(D) No, the incumbent President
must yield to the choice of the next
(D) Congress expands the appellate
President
jurisdiction of the Supreme Court,
as defined by the Constitution.
(69) The President may set a limit on the
country's import quota in the exercise of his
(67) The price of staple goods like rice may
be regulated for the protection of the
(A) delegated power.
consuming public through the exercise of
(B) concurring power.

(A) power of subordinate legislation.
(C) residual power.

(B) emergency power.
(D) inherent power.

(C) police power.
(70) Amor sued for annulment of a deed of

(D) residual power.
sale of Lot 1. While the case was ongoing,
Baltazar, an interested buyer, got a
Page 158 of 168
Certification from Atty. Crispin, the Clerk of HLURB judgment. Atlantic challenges the
Court, that Lot 1 was not involved in any validity of the decision of the Office of the
pending case before the court. Acting on the President for not stating the facts and the
certification, the Register of Deeds canceled law on which it is based. Is the challenge
the notice of lis pendens annotated on Lot correct?
1’s title. Amor filed a damage suit against
Atty. Crispin but the latter invoked good (A) No, the Office of the President is
faith and immunity from suit for acts governed by its own rules respecting
relating to his official duty, claiming he was review of cases appealed to it.
not yet the Clerk of Court when Amor filed

(B) Yes, the decision of the Office of
his action. Decide.
the President must contain its own
(A) Atty. Crispin is immune from crafted factual findings and legal
suit since he enjoys the conclusions.
presumption of regularity of
(C) Yes, administrative due process
performance of public duty.
demands that the Office of the
(B) Atty. Crispin's defense is President make findings and
invalid since he issued his conclusions independent of its
certification recklessly without subordinate.
checking the facts.

(D) No, the Office of the President
(C) Atty. Crispin's defense is valid is not precluded from adopting
since he was unaware of the the factual findings and legal
pendency of the case. conclusions contained in the

HLURB decision.
(D) As Clerk of Court, Atty. Crispin
enjoys absolute immunity from suit (72) A collision occurred involving a
for acts relating to his work. passenger jeepney driven by Leonardo, a

cargo truck driven by Joseph, and a dump
(71) The Housing and Land Use Regulatory truck driven by Lauro but owned by the
Board (HLURB) found Atlantic Homes, Inc. City of Cebu. Lauro was on his way to get a
liable in damages arising from its delayed load of sand for the repair of the road along
release of the title to the house and lot that Fuente Street, Cebu City. As a result of the
it sold to Josephine. Atlantic appealed to collision, 3 passengers of the jeepney died.
the Office of the President which rendered a Their families filed a complaint for damages
one page decision, affirming the attached against Joseph who in turn filed a third
Page 159 of 168
party complaint against the City of Cebu (74) An information for murder was filed
and Lauro. Is the City of Cebu liable for the against X. After examining the case records
tort committed by its employee? forwarded to him by the prosecution, the
trial judge granted bail to X based on the
(A) The City of Cebu is not liable prosecution's manifestation that it was not
because its employee was engaged objecting to the grant of bail. Is the trial
in the discharge of a judge correct?
governmental function.
(A) Yes, the trial judge may evaluate
(B) The City of Cebu is liable for the the strength or weakness of the
tort committed by its employee while evidence based on the case records
in the discharge of a non- forwarded to him.
governmental function.
(B) No, the trial judge should have
(C) The City of Cebu is liable in held a hearing to ascertain the
accord with the precept of quality of the evidence of guilt
respondeat superior. that the prosecution had against
X.
(D) The City of Cebu is not liable as
a consequence of its non-suitability. (C) No, the trial judge should have
conducted a hearing to ascertain
(73) During promulgation of sentence, the
first whether or not X was validly
presence of the accused is mandatory but
arrested.
he may appear by counsel or representative
when (D) Yes, the trial judge may
reasonably rely on the prosecution's
(A) he is charged with a light
manifestation that he had no
offense.
objection to the grant of bail.
(B) he was able to cross-examine the

(75) The President CANNOT call out the
prosecution’s witnesses.
military
(C) he waives his right to be present.

(A) to enforce customs laws.
(D) he is convicted of a bailable

(B) to secure shopping malls against
offense.
terrorists.
Page 160 of 168
(C) to arrest persons committing (A) torture or lingering suffering.

rebellion.
(B) primitive and gross penalties.
(D) to raid a suspected haven of
lawless elements. (C) unusual penal methods.
(76) Mass media in the Philippines may be (D) degrading and queer penalties.
owned and managed by

(79) Judge Lloyd was charged with serious
(A) corporations wholly owned and misconduct before the Supreme Court. The
managed by Filipinos. Court found him guilty and ordered him

dismissed. Believing that the decision was
(B) corporations 60% owned by not immediately executory, he decided a
Filipinos. case that had been submitted for
resolution. The decision became final and
(C) corporations wholly owned by executory. But the losing party filed a
Filipinos. certiorari action with the Court of Appeals
seeking to annul the writ of execution
(D) corporations 60% owned and
issued in the case and bar Judge Lloyd
managed by Filipinos.
from further acting as judge. Can the relief
against Judge Lloyd be granted?
(77) Procedural due process in
administrative proceedings
(A) No, Judge Lloyd's right to stay
as judge may be challenged only
(A) requires the tribunal to
by direct proceeding, not
consider the evidence presented.
collaterally.
(B) allows the losing party to file a

(B) Yes, the action against Judge
motion for reconsideration.
Lloyd may be consolidated with the
(C) requires hearing the parties on case before the Court of Appeals and
oral argument. decided by it.
(D) permits the parties to file (C) Yes, Judge Lloyd 's right to stay
memoranda. as judge may be challenged as a

necessary incident of the certiorari
(78) The Constitution prohibits cruel and action.
inhuman punishments which involve
Page 161 of 168
(D) No, the losing party has no Anton. The COMELEC approved the
standing to challenge Judge Lloyd's petition and set a date for its signing by
right to stay as judge. other qualified voters in order to garner at
least 25% of the total number of Bar
(80) Executive Secretary Chua issued an Examination Questionnaire for Political Law
order prohibiting the holding of rallies along Set A registered voters or total number of
Mendiola because it hampers the traffic those who actually voted during the local
flow to Malacanang. A group of militants election in 2005, whichever is lower. Anton
questioned the order for being attacked the COMELEC resolution for being
unconstitutional and filed a case against invalid. Do you agree with Anton?
Secretary Chua to restrain him from
enforcing the order. Secretary Chua raised (A) No, the petition, though initiated
state immunity from suit claiming that the by just one person, may be ratified
state cannot be sued without its consent. Is by at least 25% of the total number
the claim correct? of registered voters.
(A) No, public officers may be sued (B) No, the petition, though initiated
to restrain him from enforcing an by just one person may be ratified
act claimed to be by at least 25% of those who
unconstitutional. actually voted during the 2004 local
elections.
(B) Yes, the order was not a
proprietary act of the government. (C) Yes, the petition should be
initiated by at least 25% of the total
(C) No, only the president may raise number of registered voters who
the defense of immunity from suit. actually voted during the 2004 local
elections.
(D) Yes, Secretary Chua cannot be
sued for acts done in pursuance to (D) Yes,the petition should be
his public office. initiated by at least 25% of the
total number of registered voters
(81) Anton was the duly elected Mayor of
of Tunawi.
Tunawi in the local elections of 2004. He
got 51% of all the votes cast. Fourteen (82) Using the description of the supplier of
months later, Victoria, who also ran for shabu given by persons who had been
mayor, filed with the Local Election arrested earlier for selling it, the police
Registrar, a petition for recall against conducted a surveillance of the area
Page 162 of 168
indicated. When they saw a man who fitted (B) it is in accord with the
the description walking from the apartment prescribed manner of enforcement
to his car, they approached and frisked him as to time, place, and person.
and he did not object. The search yielded
an unlicensed gun tucked on his waist and (C) all affected parties are given the
shabu in his car. Is the search valid? chance to be heard.
(A) No, the man did not manifest (D) the interest of the general
any suspicious behavior that public, as distinguished from
would give the police sufficient those of a particular case,
reason to search him. requires such interference.
(B) Yes, the police acted on reliable (84) A judge of the Regional Trial Court
information which proved correct derives his powers and duties from
when they searched the man and

(A) statute.
his car.
(B) the President, the appointing

(C) Yes, the man should be deemed
power.
to have waived his right to challenge
the search when he failed to object
(C) Supreme Court issuances.
to the frisking.
(D) the rules of court.

(D) No, reliable information alone,
absent any proof beyond reasonable (85) When an elective official's preventive
doubt that the man was actually suspension will result in depriving his
committing an offense, will not constituents of his services or
validate the search. representation, the court may
(83) A law interfering with the rights of the (A) require the investigating body
person meets the requirements of to expedite the investigation.
substantive due process when
(B) hold in abeyance the period of
(A) the means employed is not such suspension.
against public policy.
(C) direct the holding of an election
to fill up the temporary vacancy.
Page 163 of 168
(D) shorten the period of such unconstitutional for suppressing

suspension. information of public concern?
(86) When the State requires private (A) No, because those department
cemeteries to reserve 10% of their lots for heads are his alter egos and he is
burial of the poor, it exercises its but exercising his right against self-
incrimination.
(A) eminent domain power.
(B) Yes, the President cannot control
(B) zoning power. the initiative of the department
heads to conform with the oversight
(C) police power.
function of Congress.
(D) taxing power.

(C) Yes, the President cannot
withhold consent to the initiative of
(87) In the valid exercise of management
his department heads as it will
prerogative consistent with the company's
violate the principle of check and
right to protect its economic interest, it may
balance.
prohibit its employees from
(D) No, the President has the

(A) joining rallies during their work
power to withhold consent to
shift.
appearance by his department
(B) marrying employees of heads during question hour.
competitor companies.
(89) When the President contracted a
(C) publicly converging with patrons personal loan during his incumbency, he
of competitor companies. may be sued for sum of money
(D) patronizing the product of (A) during his term of office.
competitor companies.
(B) during his tenure of office.
(88) The President issued an executive

(C) after his term of office.
order directing all department heads to
secure his consent before agreeing to
(D) after his tenure of office.
appear during question hour before
Congress on matters pertaining to their (90) The Senate Blue Ribbon Committee
departments. Is the executive order summoned X, a former department
Page 164 of 168
secretary, to shed light on his alleged illicit (A) the Secretary of Justice.
acquisition of properties claimed by the
Presidential Commission on Good (B) the Secretary of Foreign Affairs.
Government. X sought to restrain the

(C) the National Security Adviser.
Committee from proceeding with its
investigation because of a pending criminal
(D) the Solicitor General.
case against him before the Sandiganbayan
for ill-gotten wealth involving the same (93) The President issued Proclamation
properties. Decide. The investigation may 9517 declaring a state of emergency and
calling the armed forces to immediately
(A) not be restrained on ground of
carry out necessary measures to suppress
separation of powers.
terrorism and lawless violence. In the same
proclamation, he directed the government's
(B) be restrained on ground of
temporary takeover of the operations of all
prejudicial question.
privately owned communication utilities,
(C) not be restrained on ground of prescribing reasonable terms for the
presumed validity of legislative takeover. Is the takeover valid?
action.
(A) Yes, it is an implied power
(D) be restrained for being sub flowing from the President's exercise
judice. of emergency power.
(91) A government that actually exercises (B) No, it is a power reserved for
power and control as opposed to the true Congress alone.
and lawful government is in terms of

(C) Yes, subject to ratification by
legitimacy
Congress.
(A) a government of force.

(D) No, it is a power exclusively
(B) an interim government. reserved for the People's direct

action.
(C) a de facto government.
(94) A candidate for Senator must be at
(D) an illegitimate government. least 35 years old on
(92) The Special Committee on (A) the day he is duly proclaimed.

Naturalization is headed by
Page 165 of 168
(B) the day the election is held. of its holder requires the consent of
Congress.
(C) the day he files his certificate of
candidacy. (B) Yes, since the power to
appoint in the government, if not
(D) the day he takes his oath of lodged elsewhere, belongs to the
office. President as Chief Executive.
(95) The Office of the Special Prosecutor (C) Yes, since the power to fill up all
may file an information against a public government positions mentioned in
officer for graft the Constitution has been lodged in
the President.
(A) on its own initiative subject to
withdrawal of the information by the (D) No, because absent any express
Ombudsman. authority under the Constitution,
the power to appoint does not exist.
(B) independently of the
Ombudsman, except in plunder (97) The Chief Justice appointed X, the
cases. President’s sister, as Assistant Court
Administrator in the Supreme Court during
(C) only when authorized by the
the President's tenure. Claiming that the
Ombudsman.
Constitution prohibits the appointment in
government of a President’s relative, a
(D) independently of the
taxpayer asks for its nullification. Will the
Ombudsman.
challenge prosper?
(96) Since the Constitution is silent as to

(A) Yes, since the appointment
who can appoint the Chairman of the
essentially violates the law against
Commission on Human Rights, the
nepotism.
President appointed W to that position
without submitting his appointment to the
(B) Yes, because relatives of the
Commission on Appointments for
President within the fourth civil
confirmation. Is W’s appointment by the
degree cannot be appointed as
President valid?
heads of offices in any department
of government.
(A) No, since the position of
Chairman of the Commission was
created by statute, the appointment
Page 166 of 168
(C) No, X's appointment, although in (B) No, because her acts as de
the government, is not in the facto officer are void insofar as
Executive Department that the she is concerned.
President heads.
(C) Yes, public policy demands that
(D) No, the position to which X a de facto officer enjoy the same
was appointed is not among those rights of a de jure officer.
prohibited under the
Constitution. (D) A. Yes, it is but just that she be
paid for the service she rendered.
(98)May an incumbent Justice of the
Supreme Court be disbarred as a lawyer? (100) X, a Filipino and Y, an American, both
teach at the International Institute in
(A) No, it will amount to removal. Manila. The institute gave X a salary rate of
P1,000 per hour and Y, P1,250 per hour
(B) No, his membership in the bar is plus housing, transportation, shipping
secure. costs, and leave travel allowance. The
school cited the dislocation factor and
(C) Yes, by the Supreme Court itself.
limited tenure of Y to justify his high salary
rate and additional benefits. The same
(D) Yes, by Congress in joint
package was given to the other foreign
session.
teachers. The Filipino teachers assailed
(99) Mayor Lucia of Casidsid filed her such differential treatment, claiming it is
certificate of candidacy for congresswoman discriminatory and violates the equal
of the district covering Casidsid. Still, she protection clause. Decide.
continued to act as mayor of Casidsid

(A) The classification is based on
without collecting her salaries as such.
superficial differences.
When she lost the election and a new mayor
assumed office, she filed an action to collect
(B) The classification undermines
the salaries she did not get while serving as
the "Filipino First" policy.
mayor even when she ran for
congresswoman. Is her action correct? (C) The distinction is fair
considering the burden of teaching
(A) No, salaries can be waived and
abroad.
she waived them.
Page 167 of 168
(D) The distinction is substantial

and uniformly applied to each class.
References:
Answers to Bar Examination

Questions by the UP LAW COMPLEX
(2007, 2009, 2010)
PHILIPPINE ASSOCIATION OF LAW

SCHOOLS (2008)
R. Sarmiento, Bar Exam Notebooks
C.P. Sana, Suggested Answers To

2013 Political Law Bar Examination
Questions; University of Pangasinan
College of Law
lawphil.net
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Political Law Q&As (2007-2013) hectorchristopher@yahoo.

Questions and Suggested Answers

PHILIPPINE BAR EXAMINATIONS 2007-2013

Salise, Hector Christopher “Jay-Arh” Jr. M.

(University of San Jose-Recoletos School of Law)

ANSWERS TO BAR EXAMINATION QUESTIONS by the

PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)

The author was inspired by the work of Silliman University’s

Everyone is free to distribute and mass produce copies of this

The answers (views or opinions) presented in this reviewer are

ARTICLE I National Territory

Archipelagic Doctrine (2013)………………………………………………………………...................10

Archipelagic Doctrine (2009)……………………………………………………………………………….11

ARTICLE II Declaration of Principles and State Policies

Defense of State (2009)………………………………………………………………...........................11

State Immunity from Suit (2013)……………………………………………………….....................11

State Immunity from Suit (2013)…………………………………………….................................12

State Immunity from Suit (2009)………………………………………………………………………...14

ARTICLE III Bill of Rights

Custodial Investigation; Extrajudicial Confession (2013)…………………………………….…..14

Eminent Domain; Public Purpose (2008)……………………………………………………………....15

Eminent Domain; Socialized Housing (2009)…………………………………………..……………..16

Eminent Domain; Valid and Definite Offer (2010)…………………………………………………..18

Equal Protection; Responsible Parenthood (2007)…………………………………………………..18

Freedom of Religion; Benevolent Neutrality Test (2009)………………………………………….20

Freedom of Speech; Commercial Speech; Prohibitions (2007) …………………..……………..21

Freedom of Speech; Private Parties; Prior Restraint (2007) ………………………………….....22

Freedom of Speech; Symbolic Expression (2008) ………………………………………………......23

Freedom of the Press; Prior Restraint (2009) …………………………………………………….....24

Liberty of Abode; Right to Travel (2012) ………………………………………………………….......26

Overbreadth Doctrine vs. Void for Vagueness (2012) ……………………………………….….....27

Overbreadth Doctrine vs. Void for Vagueness (2010) …………………………………………......28

Police Power; Abatement of Nuisance (2010) ……………………………………………………......29

Police Power; Prohibition of Gambling (2009) …………………………………………………….....29

Privacy of Communication (2009) ………………………………………………………………….......30

Right to Assembly; Permit (2007) …………………………………………………………………….....31

Right to Information; Matters of Public Concern (2009) …………………………….…….….....32

Rights of the Accused; Right to Bail (2009) ……………………………………………………….....34

Rights of the Accused; Right to Bail; Double Jeopardy (2008) ………………….……….….....35

Rights of the Accused; Right to Counsel (2012) ………………………………………….….….....36

Rights of the Accused; Right to Remain Silent (2013) ………………………………….….….....37

Rights of the Accused; Self-Incrimination (2010) ……………………………………………….....38

Right to Liberty; Presentability of Policemen (2008) …………………………………………......39

Search and Seizure; Warrantless Arrest (2009) …………………………………………………......40

Search and Seizure; Warrantless Arrest (2008) …………………………………………………......40

Search and Seizure; Warrantless Search (2010) ……………………………………………..…......41

Dual Citizenship vs. Dual Allegiance (2009) …………………………………………………..….....42

Natural Born (2009) ………………………………………………………………………………..……......42

ARTICLE VI Legislative Department

Discipline; Members of Congress (2013) ……………………………………………………….………44

Doctrine of Operative Fact (2010) ………………………………………………………………..........45

Doctrine of Necessary Implication; Hold-over (2010) ………………………………………………45

Electoral Tribunal; SET; PET Jurisdiction (2012)………………………………..………………....46

Investigations in Aid of Legislation (2009) ………………………………………………….........…46

Investigations in Aid of Legislation; Executive Privilege (2010) ……………………………….48

Law-Making; Abolish; Destroy (2008) …………………………………………………………………...49

Law-Making; Admission to the Bar (2009) …………………………………………………………….49

Law-Making; Conflict of Interest (2010) ………………………………………………………..........50

Law-Making; Item vs. Pocket Veto (2010) ……………………………………………………………..51

Law-Making; Oversight Committee (2010) …………………………………………………...……….51