POLITICAL LAW BAR QUESTIONS 2004

QUESTION NO. I

A. The 1935, 1973 and 1987 Constitutions commonly provide that: The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

What is the effect of the addition in the 1987 Constitution of the following provision: Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government?

Discuss briefly, citing at least one illustrative case.

(5%)

B. SDO was elected Congressman. Before the end of his first year in office, he inflicted physical injuries on a colleague, ETI, in the course of a heated debate. Charges were filed in court against him as well as in the House Ethics Committee. Later, the House of Representatives, dividing along party lines, voted to expel him. Claiming that his expulsion was railroaded and tainted by bribery, he filed a petition seeking a declaration by the Supreme Court that the House gravely abused its discretion and violated the Constitution. He prayed that his expulsion be annulled and that he should be restored by the Speaker to his position as Congressman.

Is SDOs petition before the Supreme Court justiciable? Cite pertinent issues for consideration. (5%)

QUESTION NO. II

A.

A.
(1)

Distinguish briefly but clearly between: (1) Philippines. (2) economic zone.
(2) (3) (4)

The territorial sea and the internal waters of the

The contiguous zone and the exclusive

(3)

The flag state and the flag of convenience.

(4) The constitutive theory and the declaratory theory concerning recognition of states. (5) The Wilson doctrine and the Estrada doctrine regarding recognition of governments. (5%)
(5)

B. En route to the tuna fishing grounds in the Pacific Ocean, a vessel registered in Country TW entered the Balintang Channel north of Babuyan Island and with special hooks and nets dragged up red corals found near Batanes. By international convention certain corals are protected species. Just before the vessel reached the high seas, the Coast Guard patrol intercepted the vessel and seized its cargo including tuna. The master of the vessel and the owner of the cargo protested, claiming the rights of transit passage and innocent passage, and sought recovery of the cargo and the release of the ship. Is the claim meritorious or not? Reason briefly. (5%)
2

QUESTION NO. III

A. JAR faces a dilemma: should he accept a Cabinet appointment now or run later for Senator? Having succeeded in law practice as well as prospered in private business where he and his wife have substantial investments, he now contemplates public service but without losing the flexibility to engage in corporate affairs or participate in professional activities within ethical bounds.

Taking into account the prohibitions and inhibitions of public office whether as Senator or Secretary, he turns to you for advice to resolve his dilemma. What is your advice? Explain briefly. (5%)

B CTD, a Commissioner of the National Labor Relations Commission (NLRC), sports a No. 10 car plate. A disgruntled litigant filed a complaint against him for violation of the Anti-Graft and Corrupt Practices Act before the Ombudsman. CTD now seeks to enjoin the Ombudsman in a petition for prohibition, alleging that he could be investigated only by the Supreme Court under its power of supervision granted in the Constitution. He contends that under the law creating the NLRC, he has the rank of a Justice of the Court of Appeals, and entitled to the corresponding privileges. Hence, the OMB has no jurisdiction over the complaint against him.

Should CTDs petition be granted or dismissed? (5%)

Reason briefly.

QUESTION NO. IV

A. TCA, a Filipina medical technologist, left in 1975 to work in ZOZ State. In 1988 she married ODH, a citizen of ZOZ. Pursuant to ZOZs law, by taking an oath of allegiance, she acquired her husbands citizenship.

ODH died in 2001, leaving her financially secure. She returned home in 2002, and sought elective office in 2004 by running for Mayor of APP, her hometown. Her opponent sought to have her disqualified because of her ZOZ citizenship. She replied that although she acquired ZOZs citizenship because of marriage, she did not lose her Filipino citizenship. Both her parents, she said, are Filipino citizens.

Is TCA qualified to run for Mayor?

(5%)

B. An amendment to or a revision of the present Constitution may be proposed by a Constitutional Convention or by the Congress upon a vote of threefourths of all its members.

Is there a third way of proposing revisions of or amendments to the Constitution? If so, how? (5%)

QUESTION NO. V

A. The STAR, a national daily newspaper, carried an exclusive report stating that Senator XX received a house and lot located at YY Street, Makati, in consideration for his vote cutting cigarette taxes by 50%. The Senator sued the STAR, its reporter, editor and publisher for libel, claiming the report was completely false and malicious.
4

According to the Senator, there is no YY Street in Makati, and the tax cut was only 20%. He claimed one million pesos in damages.

The defendants denied actual malice, claiming privileged communication and absolute freedom of the press to report on public officials and matters of public concern. If there was any error, the STAR said it would publish the correction promptly.

Is there actual malice in STARs reportage? How is actual malice defined? Are the defendants liable for damages? (5%)

B. OZ lost five head of cattle which he reported to the police as stolen from his barn. He requested several neighbors, including RR, for help in looking for the missing animals. After an extensive search, the police found two head in RRs farm. RR could not explain to the police how they got hidden in a remote area of his farm.

Insisting on his innocence, RR consulted a lawyer who told him he has a right to be presumed innocent under the Bill of Rights. But there is another presumption--of theft arising from his unexplained possession of stolen cattle--under the penal law.

Are the two presumptions capable of reconciliation in this case? they be reconciled? If not, which should prevail? (5%)

If so, how can

QUESTION NO. VI

Director WOW failed the lifestyle check conducted by the Ombudsmans Office because WOWs assets were grossly disproportionate to his salary and allowances. Moreover, some assets were not included in his statement of Assets and Liabilities. He

was charged of graft and corrupt practices and pending the completion of investigations, he was suspended from office for six months.

A. Aggrieved, WOW petitioned the Court of Appeals to annul the preventive suspension order on the ground that the Ombudsman could only recommend but not impose the suspension. Moreover, according to WOW, the suspension was imposed without any notice or hearing, in violation of due process.

Is the petitioners contention meritorious? Discuss briefly.

(5%)

B. For his part, the Ombudsman moved to dismiss WOWs petition. According to the Ombudsman the evidence of guilt of WOW is strong, and petitioner failed to exhaust administrative remedies. WOW admitted he filed no motion for reconsideration, but only because the order suspending him was immediately executory.

Should the motion to dismiss be granted or not? (5%)

Discuss briefly.

QUESTION NO. VII

MADAKO is a municipality composed of 80 barangays, 30 west of Madako River and 50 east thereof. The 30 western barangays, feeling left out of economic initiatives, wish to constitute themselves into a new and separate town to be called Masigla.

A. Granting that Masiglas proponents succeed to secure a law in their favor, would a plebiscite be necessary or not? If it is necessary, who should vote or participate in the plebiscite? Discuss briefly. (5%)
6

B Suppose that one year after Masigla was constituted as a municipality, the law creating it is voided because of defects. Would that invalidate the acts of the municipality and/or its municipal officers? Explain briefly. (5%)

QUESTION NO. VIII A. MBC, an alien businessman dealing in carpets and caviar, filed a suit against policemen and YZ, an attach of XX Embassy, for damages because of malicious prosecution. MBC alleged that YZ concocted false and malicious charges that he was engaged in drug trafficking, whereupon narcotics policemen conducted a buy-bust operation and without warrant arrested him, searched his house, and seized his money and jewelry, then detained and tortured him in violation of his civil and human rights as well as causing him, his family and business serious damages amounting to two million pesos. MBC added that the trial court acquitted him of the drug charges. Assailing the courts jurisdiction, YZ now moves to dismiss the complaint, on the ground that (1) he is an embassy officer entitled to diplomatic immunity; and that (2) the suit is really a suit against his home state, without its consent. He presents diplomatic notes from XX Embassy certifying that he is an accredited embassy officer recognized by the Philippine government. He performs official duties, he says, on a mission to conduct surveillance on drug exporters and then inform local police officers who make the actual arrest of suspects. Are the two grounds cited by YZ to dismiss the suit tenable? (5%)

B. EAP is government corporation created for the purpose of reclaiming lands, including foreshore and submerged areas, as well as to develop, improve, acquire, lease and sell any and all kinds of lands. A law was passed transferring title to EAP of lands already reclaimed in the foreshore and offshore areas of MM Bay, particularly the so-called Liberty Islands, as alienable and disposable lands of the public domain. Titles were duly issued in EAPs name. Subsequently, EAP entered into a joint venture agreement (JVA) with ARI, a private foreign corporation, to develop Liberty Islands. Additionally, the JVA provided for the reclamation of 250 hectares of submerged land in the area surrounding Liberty
7

Islands. EAP agreed to sell and transfer to ARI a portion of Liberty Islands and a portion of the area to be reclaimed as the consideration for ARIs role and participation in the joint venture, upon approval by the Office of the President. Is there any constitutional obstacle to the sale and transfer by EAP to ARI of both portions as provided for in the JVA? (5%)

QUESTION NO. IX

A. Former Governor PP of ADS Province had dismissed several employees to scale down the operations of his Office. The employees complained to the Merit Systems Protection Board, which ruled that the Civil Service rules were violated when the employees were dismissed. The Civil Service Commission (CSC) affirmed the MSPB decision, and ordered ADS to reinstate the employees with full backwages. ADS did not appeal and the order became final.

Instead of complying immediately, BOP, the incumbent Governor of ADS, referred the matter to the Commission on Audit (COA), which ruled that the amounts due are the personal liabilities of the former Governor who dismissed the employees in bad faith. Thus, ADS refused to pay. The final CSC decision, however, did not find the former Governor in bad faith. The former Governor was likewise not heard on the question of his liability.

Is ADS refusal justified? Can COA disallow the payment of backwages by ADS to the dismissed employees due under a final CSC decision? Decide and reason briefly. (5%)

B. The City of San Rafael passed an ordinance authorizing the City Mayor, assisted by the police, to remove all advertising signs displayed or exposed to public view in the main city street, for being offensive to sight or otherwise a nuisance. AM, whose advertising agency owns and rents out many of the billboards ordered removed by the City Mayor, claims that the City should pay for the destroyed billboards at their current market value since the City has appropriated them for the public purpose of city beautification. The Mayor refuses to pay, so AM is suing the City and the Mayor for damages arising form the taking his property without due process nor just compensation.

Will AMs suit prosper? Reason briefly.

(5%)

QUESTION NO. X

A. BNN Republic has a defense treaty with EVA Federation. According to the Republics Secretary of Defense, the treaty allows temporary basing of friendly foreign troops in case of training exercises for the war on terrorism. The Majority Leader of the Senate contends that whether temporary or not, the basing of foreign troops however friendly is prohibited by the Constitution of BNN which provides that, No foreign military bases shall be allowed in BNN territory.

In case there is indeed an irreconcilable conflict between a provision of the treaty and a provision of the Constitution, in a jurisdiction and legal system like ours, which should prevail: the provision of the treaty or of the Constitution? Why? Explain with reasons, briefly. (5%)

B. AVE ran for Congressman of QU province. However, his opponent, BART, was the one proclaimed and seated as the winner of the election by the
9

COMELEC. AVE filed seasonably a protest before HRET (House of Representatives Electoral Tribunal). After two years, HRET reversed the COMELECs decision and AVE was proclaimed finally as the duly elected Congressman. Thus, he had only one year to serve in Congress.

Can AVE collect salaries and allowances from the government for the first two years of his term as Congressman?

Should BART refund to the government the salaries and allowances he had received as Congressman?

What will happen to the bills that BART alone authored and were approved by the House of Representatives while he was seated as Congressman? Reason and explain briefly. (5%)

2005 -I(a) The present Constitution introduced the concepts and processes of Initiative and Referendum. Compare and differentiate one from the other. (3%) (b) To give the much needed help to the Province of Aurora which was devastated by typhoons and torrential rains, the President declared it in a state of calamity. Give at least four (4) legal effects of such declaration. (4%) (c) Enumerate the rights of the coastal state in the exclusive economic zone. (3%) - II (1.) Police Officer Henry Magiting of the Narcotics Section of the Western Police District applied for a search warrant in the Regional Trial Court of Manila for violation of Section 11, Article II (Possession of Prohibited Drugs) of Republic Act (R.A.) No. 9165 (Comprehensive Dangerous Drugs Act of 2002) for the search and seizure of heroin in the cabin of the Captain of the MSS Seastar, a foreign-registered vessel which was moored at the South Harbor, Manila, its port of destination. Based on the affidavits of the applicants witnesses who were crew members of the vessel, they saw a box containing ten (10) kilograms of heroin under the bed in the Captains cabin. The RTC found probable cause for the issuance of a search warrant; nevertheless, it denied the application on the ground that Philippine courts have no criminal jurisdiction over violations of R.A. No. 9165 committed on foreign-registered vessels found in Philippine waters. 10

Is

the

ruling

of

the

court

correct?

Support

your

answer

with

reasons.

(5%)

(2.) The Philippines and Australia entered into a Treaty of Extradition concurred in by the Senate of the Philippines on September 10, 1990. Both governments have notified each other that the requirements for the entry into force of the Treaty have been complied with. It took effect in 1990. The Australian government is requesting the Philippine government to extradite its citizen, Gibson, who has committed in his country the indictable offense of Obtaining Property by Deception in 1985. The said offense is among those enumerated as extraditable in the Treaty. For his defense, Gibson asserts that the retroactive application of the extradition treaty amounts to an ex post facto law. Rule on Gibsons contention. (5%) - III (1.) Italy, through its Ambassador, entered into a contract with Abad for the maintenance and repair of specified equipment at its Embassy and Ambassadors Residence, such as air conditioning units, generator sets, electrical facilities, water heaters, and water motor pumps. It was stipulated that the agreement shall be effective for a period of four years and automatically renewed unless cancelled. Further, it provided that any suit arising from the contract shall be filed with the proper courts in the City of Manila. Claiming that the Maintenance Contract was unilaterally, baselessly and arbitrarily terminated, Abad sued the State of Italy and its Ambassador before a court in the City of Manila. Among the defenses they raised were sovereign immunity and diplomatic immunity. (a) As counsel of Abad, refute the defenses of sovereign immunity and diplomatic immunity raised by the State of Italy and its Ambassador. (b) At any rate, what should be the courts ruling on the said defenses? (5%) (2.) Adams and Baker are American citizens residing in the Philippines. Adams befriended Baker and became a frequent visitor at his house. One day, Adams arrived with 30 members of the Philippine National Police, armed with a Search Warrant authorizing the search of Bakers house and its premises for dangerous drugs being trafficked to the United States of America. The search purportedly yielded positive results, and Baker was charged with Violation of the Dangerous Drugs Act. Adams was the prosecutions principal witness. However, for failure to prove his guilt beyond reasonable doubt, Baker was acquitted. Baker then sued Adams for damages for filing trumped-up charges against him. Among the defenses raised by Adams is that he has diplomatic immunity, conformably with the Vienna Convention on Diplomatic Relations. He presented Diplomatic Notes from the American Embassy stating that he is an agent of the United States Drug Enforcement Agency tasked with conducting surveillance operations on suspected drug dealers in the Philippines believed to be the source of prohibited drugs being shipped to the U.S. It was also stated that after having ascertained the target, Adams would then inform the Philippine narcotic agents to make the actual arrest. (a) As counsel of plaintiff Baker, argue why his complaint should not be dismissed on the ground of defendant Adams diplomatic immunity from suit. (b) As counsel of defendant Adams, argue for the dismissal of the complaint. (5%) - IV (1.) Squatters and vendors have put up structures in an area intended for a Peoples Park, 11

which are impeding the flow of traffic in the adjoining highway. Mayor Cruz gave notice for the structures to be removed, and the area vacated within a month, or else, face demolition and ejectment. The occupants filed a case with the Commission on Human Rights (CHR) to stop the Mayors move. The CHR then issued an order to desist against Mayor Cruz with warning that he would be held in contempt should he fail to comply with the desistance order. When the allotted time lapsed, Mayor Cruz caused the demolition and removal of the structures. Accordingly, the CHR cited him for contempt. (a) What is your concept of Human Rights? Does this case involve violations of human rights within the scope of the CHRs jurisdiction? (b) Can the CHR issue an order to desist or restraining order?

(c) Is the CHR empowered to declare Mayor Cruz in contempt? Does it have contempt powers at all? (5%)

(2.) In March 2001, while Congress was adjourned, the President appointed Santos as Chairman of the Commission on Elections. Santos immediately took his oath and assumed office. While his appointment was promptly submitted to the Commission on Appointments for confirmation, it was not acted upon and Congress again adjourned. In June 2001, the President extended a second ad interim appointment to Santos for the same position with the same term, and this appointment was again submitted to the Commission on Appointments for confirmation. Santos took his oath anew and performed the functions of his office. Reyes, a political rival, filed a suit assailing certain orders issued by Santos. He also questioned the validity of Santos appointment. Resolve the following issues: (a) Does Santos assumption of office on the basis of the ad interim appointments issued by the President amount to a temporary appointment which is prohibited by Section 1(2), Article IX-C of the Constitution? (b) Assuming the legality of the first ad interim appointment and assumption of office by Santos, were his second ad interim appointment and subsequent assumption of office to the same position violations of the prohibition on reappointment under Section 1(2), Article IX-C of the Constitution? (5%) -V(1.) Bruno still had several years to serve on his sentence when he was conditionally pardoned by the President. Among the conditions imposed was that he would not again violate any of the penal laws of the Philippines. Bruno accepted all of the conditions and was released. Shortly thereafter, Bruno was charged with 20 counts of estafa. He was then incarcerated to serve the unexpired portion of his sentence following the revocation by the President of the pardon. Brunos family filed a petition for habeas corpus, alleging that it was error to have him recommitted as the charges were false, in fact, half of them were already dismissed. Resolve the petition with reasons. (4%) (2.) Ricardo was elected Dean of the College of Education in a State University for a term of five (5) years unless sooner terminated. Many were not pleased with his performance. To appease 12

those critical of him, the President created a new position, that of Special Assistant to the President with the rank of Dean, without reduction in salary, and appointed Ricardo to said position in the interest of the service. Contemporaneously, the University President appointed Santos as Acting Dean in place of Ricardo. (a) Does the phrase unless sooner terminated mean that the position of Ricardo is terminable at will? (b) Was Ricardo removed from his position as Dean of the College of Education or merely transferred to the position of Special Assistant to the President? Explain. (5%) (3.) Pedro Masipag filed with the Ombudsman a complaint against RTC Judge Jose Palacpac with violation of Article 204 of the Revised Penal Code for knowingly rendering an unjust judgment in Criminal Case No. 617. Judge Palacpac filed a motion with the Ombudsman to refer the complaint to the Supreme Court to determine whether an administrative aspect was involved in the said case. The Ombudsman denied the motion on the ground that no administrative case against Judge Palacpac relative to the decision in Criminal Case No. 617 was filed and pending in his office. State with reasons whether the Ombudsmans ruling is correct. (4%) - VI (1.) The two accepted tests to determine whether or not there is a valid delegation of legislative power are the Completeness Test and the Sufficient Standard Test. Explain each. (4%) (2.) Section 32 of Republic Act No. 4670 (The Magna Carta for Public School Teachers) reads: Sec. 32. Penal Provision.A person who shall willfully interfere with, restrain or coerce any teacher in the exercise of his rights guaranteed by this Act or who shall in any other manner commit any act to defeat any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment, in the discretion of the court. Is the proviso granting the court the authority to impose a penalty of imprisonment in its discretion constitutional? Explain briefly. (4%) - VII (1.) State with reason(s) whether bail is a matter of right or a matter of discretion in the following cases: (a) The imposable penalty for the crime charged is reclusion perpetua and the accused is a minor; (b) The imposable penalty for the crime charged is life imprisonment and the accused is a minor; (c) The accused has been convicted of homicide on a charge of murder and sentenced to suffer an indeterminate penalty of from eight (8) years and one (1) day of prision mayor, as minimum, to twelve (12) years and four (4) months of reclusion temporal, as maximum. (4%) (2.) State with reason(s) which of the following is a government agency or a government instrumentality: (a) (b) Department Bangko of Public Sentral 13 Works ng and Highway; Pilipinas;

(c) (d)

Philippine Land

Ports Transportation

Authority; Office;

(e) Land Bank of the Philippines. (5%) - VIII (1.) Mariano was arrested by the NBI as a suspect in the shopping mall bombings. Advised of his rights, Mariano asked for the assistance of his relative, Atty. Santos. The NBI noticed that Atty. Santos was inexperienced, incompetent and inattentive. Deeming him unsuited to protect the rights of Mariano, the NBI dismissed Atty. Santos. Appointed in his place was Atty. Barroso, a bar topnotcher who was in the premises visiting a relative. Atty. Barroso ably assisted Mariano when the latter gave a statement. However, Mariano assailed the investigation claiming that he was deprived of counsel of his choice. Was the NBI correct in dismissing Atty. Santos and appointing Atty. Barroso in his stead? Is Marianos statement, made with the assistance of Atty. Barroso, admissible in evidence? (5%) (2.) Emilio had long suspected that Alvin, his employee, had been passing trade secrets to his competitor, Randy, but he had no proof. One day, Emilio broke open the desk of Alvin and discovered a letter wherein Randy thanked Alvin for having passed on to him vital trade secrets of Emilio. Enclosed in the letter was a check for P50,000.00 drawn against the account of Randy and payable to Alvin. Emilio then dismissed Alvin from his employment. Emilios proof of Alvins perfidy are the said letter and check which are objected to as inadmissible for having been obtained through an illegal search. Alvin filed a suit assailing his dismissal. Rule on the admissibility of the letter and check. (5%) - IX (1.) In the May 8, 1995 elections for local officials whose terms were to commence on June 30, 1995, Ricky filed on March 20, 1995 his certificate of candidacy for the Office of Governor of Laguna. He won, but his qualifications as an elected official was questioned. It is admitted that he is a repatriated Filipino citizen and a resident of the Province of Laguna. To be qualified for the office to which a local official has been elected, when at the latest should he be: (a) A Filipino Citizen? Explain.

(b) A resident of the locality? Explain. (5%) (2.) Manuel was elected Mayor of the Municipality of Tuba in the elections of 1992, 1995 and 1998. He fully served his first two terms, and during his third term, the municipality was converted into the component City of Tuba. The said charter provided for a hold-over and so without interregnum Manuel went on to serve as the Mayor of the City of Tuba. In the 2001 elections, Manuel filed his certificate of candidacy for City Mayor. He disclosed, though, that he had already served for three consecutive terms as elected Mayor when Tuba was still a municipality. He also stated in his certificate of candidacy that he is running for the position of 14

Mayor for the first time now that Tuba is a city. Reyes, an adversary, ran against Manuel and petitioned that he be disqualified because he had already served for three consecutive terms as Mayor. The petition was not timely acted upon, and Manuel was proclaimed the winner with 20,000 votes over the 10,000 votes received by Reyes as the only other candidate. It was only after Manuel took his oath and assumed office that the COMELEC ruled that he was disqualified for having ran and served for three consecutive terms. (a) As lawyer of Manuel, present the possible arguments to prevent his disqualification and removal. (b) How would you rule on whether or not Manuel is eligible to run as Mayor of the newlycreated City of Tuba immediately after having already served for three (3) consecutive terms as Mayor of the Municipality of Tuba? (c) Assuming that Manuel is not an eligible candidate, rebut Reyes claim that he should be proclaimed as winner having received the next higher number of votes. (5%) -X(1.) There was a boundary dispute between Dueas, a municipality, and Passi, an independent component city, both of the same province. State how the two local government units should settle their boundary dispute. (5%) (2.) The Sangguniang Bayan of the Municipality of Santa, Ilocos Sur passed Resolution No. 1 authorizing its Mayor to initiate a petition for the expropriation of a lot owned by Christina as site for its municipal sports center. This was approved by the Mayor. However, the Sangguniang Panlalawigan of Ilocos Sur disapproved the Resolution as there might still be other available lots in Santa for a sports center. Nonetheless, the Municipality of Santa, through its Mayor, filed a complaint for eminent domain. Christina opposed this on the following grounds: (a) the Municipality of Santa has no power to expropriate;

(b) Resolution No. 1 has been voided since the Sangguniang Panlalawigan disapproved it for being arbitrary; and (c) the Municipality of Santa has other and better lots for that purpose. Resolve the case with reasons. (5%) NOTHING FOLLOWS. 2006 -I1. What do you mean by the "Calling-out Power" of the President under Section 18, Article VII of the Constitution? 5% 2. On February 24, 2006, President Gloria Macapagal-Arroyo issued Proclamation No.1017 declaring a state of national emergency. Is this Proclamation constitutional? Explain. 2.5% 15

3. During the effectivity of this Proclamation, Gener, Lito, and Bong were arrested by the police for acts of terrorism. Is the arrest legal? Explain. 2.5% - II The Samahan Ng Mga Mahihirap (SM) filed with the Office of the City Mayor" of Manila an application for a permit to hold a rally on Mendiola Street on September 5, 2006 from 10:00 a.m. to 3:00 p.m. to protest the political killings of journalists. However, the City Mayor denied their application on the ground that a rally at the time and place applied for will block the traffic in the San Miguel and Quiapo Districts. He suggested the Liwasang Bonifacio, which has been designated a Freedom Park, as venue for the rally. 1. Does the SM have a remedy to contest the denial of its application for a permit? 2.5% 2. How should a wage distortion be settled? 3. Does the availability of a Freedom Park justify the denial of SM's application for a permit? 2.5% 4. Assuming that despite the denial of SM's application for a permit, its members hold a rally, prompting the police to arrest them. '- Are the arrests without judicial warrants lawful? 2.5% - III The President issued Proclamation No.1018 placing the Philippines under Martial Law on the ground that a rebellion staged by lawless elements is endangering the public safety .Pursuant to the Proclamation, suspected rebels were arrested and detained and military tribunals were set up to try them. Robert dela Cruz, a citizen, filed with the Supreme Court a petition questioning the validity of Proclamation No.1018. 1. Does Robert have a standing to challenge Proclamation No.1018? Explain. 2.5% 2. In the same suit, the Solicitor General contends that under the Constitution, the President as Commander-in-Chief, determines whether the exigency has arisen requiring the exercise of his power to declare Martial Law and that his determination is conclusive upon the courts. How should the Supreme Court rule? 2.5% 3. The Solicitor General argues that, in any event, the determination of whether the rebellion poses dangers to public safety involves a question of fact and the Supreme Court is not a trier of facts. What should be the ruling of the Court? 2.5% 4. Finally, the Solicitor General maintains that the President reported to Congress such proclamation of Martial Law, but Congress did not revoke the proclamation. What is the effect of the inaction of Congress on the suit brought by Robert to the Supreme Court? 2.5% - IV State whether or not the following laws are constitutional. Explain briefly. 1. A law prohibiting Chinese citizens from engaging in retail trade. 2% 2. A law denying persons charged with crimes punishable by reclusion perpetua or death the right to bail. 2% 3. A law fixing the terms of local elective officials, other than barangay officials, to 6 years. 2% 16

4. A law changing the design of the Philippine flag. 2% 5. A law creating a state corporation to exploit, develop, and utilize compressed natural gas. 2% -V1. What is the function of the Senate Electoral Tribunal and the House of Representatives Electoral Tribunal? 2.5% 2. What is the composition of each? 2.5% 3. Differentiate an election protest from an action for quo warranto. 2.5% 4. What is a quasi-judicial body or agency? 2.5% - VI 1. a) What is the principal identifying feature of a presidential form of government? Explain. 2.5% b) What are the essential characteristics of a parliamentary form of government? 2.5% 2. What Constitutional provisions institutionalize the principle of civilian supremacy? 2.5% 3. Does a Permit to Carry Firearm Outside Residence (PTCFOR) constitute a property right protected by the Constitution? 2.5% - VII Select the best answer and explain. 1. An accused's right against self-incrimination is violated in the following cases: 5% a. When he is ordered by the trial court to undergo a paraffin test to prove he is guilty of murder; b. When he is compelled to produce his bankbooks to be used as evidence against his father charged with plunder; c. When he is ordered to produce a sample of his handwriting to be used as evidence that he is the author of a letter wherein he agreed to kill the victim; d. When the president of a corporation is subpoenaed to produce certain documents as proofs he is guilty of illegal recruitment. 2. The legislature may abolish this body: 5% a. Commission on Appointments b. Ombudsman c. Judicial and Bar Council d. Court of Tax Appeals e. Commission on Audit - VIII 1. Atty. Emily Go, a legitimate daughter of a Chinese father and a Filipino mother, was born in 1945. At 21, she elected Philippine citizenship and studied law. She passed the bar examinations and engaged in private practice for many years. The Judicial and Bar Council nominated her as a candidate for the position of Associate Justice of the Supreme Court. But her nomination is being contested by Atty .Juris Castillo, also an aspirant to the position. She claims that Atty. Emily Go is not a natural-born citizen, 17

hence, not qualified to be appointed to the Supreme Court. Is this contention correct? 5% 2. Atty. Richard Chua was born in 1964. He is a legitimate son of a Chinese father and a Filipino mother. His father became a naturalized Filipino citizen when Atty .Chua was still a minor . Eventually, he studied law and was allowed by the Supreme Court to take the bar examinations, subject to his submission to the Supreme Court proof of his Philippine citizenship. Although he never complied with such requirement, Atty. Chua practiced law for many years until one Noel Eugenio filed with the Supreme Court a complaint for disbarment against him on the ground that he is not a Filipino citizen. He then filed with the Bureau of Immigration an affidavit electing Philippine citizenship. Noel contested it claiming it was filed many years after Atty. Chua reached the age of majority. Will Atty. Chua be disbarred? Explain. 5% - IX 1. 2. 3. 4. 5. 6. Where is the seat of the International Court of Justice? 1% How many are its members? 1 % What is the term of their office? 1 % Who is its incumbent president? 1 % What is his/her nationality? 1 % In 1980, the United States filed with the International Court of Justice a complaint against Iran alleging that the latter is detaining American diplomats in violation of International Law. Explain how the International Court of Justice can acquire jurisdiction over these contending countries. 5% -X1. 2. 3. 4. How is state sovereignty defined in International Law? 2.5% Is state sovereignty absolute? 2.5% What is the principle of auto-limitation? 2.5% What is the relationship between reciprocity and the principle of auto-limitation? 2.5% NOTHING FOLLOWS.

2007 -I(10 POINTS) True or False. Briefly explain your answer. 18

a. For purposes of communication and instruction! the official languages of the Philippines, until otherwise provided by law, are Filipino and English. b. The 1987 Constitution has increased the scope of academic freedom recognized under the previous Constitution. - II (10 POINTS) The City Mayor issues an Executive Order declaring that the city promotes responsible parenthood and upholds natural family planning. He prohibits all hospitals operated by the city from prescribing the use of artificial methods of contraception, including condoms, pills, intrauterine devices and surgical sterilization. As a result, poor women in his city lost their access to affordable family planning programs. Private clinics! however, continue to render family planning counsel and devices to paying clients. a. Is the Executive Order in any way constitutionally infirm? Explain. b. Is the Philippines in breach of any obligation under international law? Explain. c. May the Commission on Human Rights order the Mayor to stop the implementation of the Executive Order? Explain. - III (10 POINTS) Lawrence is a Filipino computer expert based in Manila who invented a virus that destroys all the files stored in a computer. Assume that in May 2005, this virus spread all over the world and caused $50 million in damage to property in the United States, and that in June 2005, he was criminally charged before United States courts under their anti-hacker law. Assume that in July 2005, the Philippines adopted its own anti-hacker law, to strengthen existing sanctions already provided against damage to property. The United States has requested the Philippines to extradite him to US courts under the RP-US Extradition Treaty. a. Is the Philippines under an obligation to extradite Lawrence? State the applicable rule and its rationale. b. Assume that the extradition request was made after the Philippines adopted its antihacker legislation. Will that change your answer? - IV (10 POINTS) In 1993, historians confirmed that during World War II, "comfort women" were forced into serving the Japanese military. These women were either abducted or lured by false promises of jobs as cooks or waitresses, and eventually forced against their will to have sex with Japanese soldiers on a daily basis during the course of the war, and often suffered from severe beatings and venereal diseases. The Japanese government contends that the "comfort stations" were run as "onsite military brothels" (or prostitution houses) by private operators, and not by the Japanese military. There were many Filipina "comfort women." a. Name at least one basic principle or norm of international humanitarian law that was violated by the Japanese military in the treatment of the "comfort women." 19

b. The surviving Filipina "comfort women" demand that the Japanese government apologize and pay them compensation. However, under the 1951 San Francisco Peace Agreement -the legal instrument that ended the state of war between Japan and the Allied Forces -all the injured states, including the Philippines, received war reparations and, in return, waived all claims against Japan arising from the war. Is that a valid defense? c. The surviving Filipina "comfort women" sue the Japanese government for damages before Philippine courts. Will that case prosper? -V(10 POINTS) The Destilleria Felipe Segundo is famous for its 15-year old rum, which it has produced and marketed successfully for the past 70 years. Its latest commercial advertisement uses the line: "Nakalikim ka na ba ng kinse anyos?" Very soon, activist groups promoting women's and children's rights were up in arms against the advertisement. a. All advertising companies in the Philippines have formed an association, the Philippine Advertising Council, and have agreed to abide by all the ethicalguidelines and decisions by the Council. In response to the protests, the Council orders the pull-out of the "kinse anyos" advertising campaign. Can Destilleria Felipe Segundo claim that its constitutional rights are thus infringed? b. One of the militant groups, the Amazing Amazonas, call on all government-owned and controlled corporations (GOCC) to boycott any newspaper, radio or TV station that carries the "kinse anyos" advertisements. They call on all government nominees in sequestered corporations to block any advertising funds allocated for any such newspaper, radio or TV station. Can the GOCCs and sequestered corporations validly comply? - VI (10 POINTS) True or False. Briefly explain your answer. a. An amendment to the Constitution shall be valid upon a vote of three-fourths of all the Members of the Congress. b. All public officers and employees shall take an oath to uphold and defend the Constitution . - VII (10 POINTS) Batas Pambansa 880, the Public Assembly Law of 1985, regulates the conduct of all protest rallies in the Philippines. a. Salakay, Bayan! held a protest rally and planned to march from Quezon City to Luneta in Manila. They received a permit from the Mayor of Quezon City, but not from the Mayor of Manila. They were able to march in Quezon City and up to the boundary separating it from the City of Manila. Three meters after crossing the boundary, the Manila Police 20

stopped them for posing a danger to pubHc safety. Was this a valid exercise of police power? b. The security police of the Southern Luzon Expressway spotted a caravan of 20 vehicles, with paper banners taped on their sides and protesting graft and corruption in government. They were driving at 50 kilometers per hour in a 40-90 kilometers per hour zone. Some banners had been blown off by the wind, and posed a hazard to other motorists. They were stopped by the security police. The protesters then proceeded to march instead, sandwiched between the caravan vehicles. They were also stopped by the security force. May the security police validly stop the vehicles and the marchers? - VIII (10 POINTS) The Provincial Governor of Bataan requested the Department of Budget and Management (DBM) to release its Internal Revenue Allocation (IRA) of P100 million for the current budget year. However, the General Appropriations Act provided that the IRA may be released on Iy if the province meets certain conditions as determined by an Oversight Council created by the President. a. Is this requirement valid? b. The Provincial Governor is a party-mate of the President. May the Bataan Representative instead file a petition to compel the DBM to release the funds? - IX (10 POINTS) The Department of Education (DepEd) requires that any school applying for a tuition fee increase must, as a condition for the increase, offer full tuition scholarships to students from low-income families. The Sagrada Familia Elementary School is a Catholic school and has applied for a tuition fee increase. Under this regulation by the DepEd, it will end up giving tuition scholarships to a total of 21 students next year. At a cost of P50,OOO per student, the school will lose a total of P1.05 million for next year. a. Is this DepEd requirement valid? b. If instead the DepEd requires a full tuition scholarship for the highest ranking students in each grade, determined solely on the basis of academic grades and rank, will the DepEd requirement be valid? -X(10 POINTS) The Supreme Court has provided a formula for allocating seats for party-list representatives.

a. The twenty percent allocation - the combined number of all party-Iist congressmen shall
not exceed twenty percent of the total membership of the House of Representatives, including those elected under the party list; b. The two percent threshold - only those parties garnering a minimum of two percent of the total valid votes cast for the party-list system are "qualified" to have a seat in the House of Representatives; 21

c. The three-seat limit - each qualified party, regardless of the number of votes it actually
obtained, is entitled to a maximum of three seats; that is, one "qualifying" and two additional seats; and d. The first-party rule - additional seats which a qualified party is entitled to shall be determined in relation to the total number of votes garnered by the party with the highest number of votes. For each of these rules, state the constitutional or legal basis, if any, and the purpose. NOTHING FOLLOWS. 2008 -I-

a. The legal yardstick in determining whether usage has become customary international
law is expressed in the maxim opinio juris sive necessitatis or opinio juris for short. What does the maxim mean? (3%) b. Under international law, differentiate "hard law" from "soft law".(3%) - II May a treaty violate international law? If your answer is in the affirmative, explain when such may happen. If your answer is in the negative, explain why. (5%) - III The President alone without the concurrence of the Senate abrogated a treaty. Assume that the other country-party to the treaty is agreeable to the abrogation provided it complies with the Philippine Constitution. If a case involving the validity of the treaty abrogation is brought to the Supreme Court, how should it be resolved? (6%) - IV Congress passed a law authorizing the National Housing Authority (NHA) to expropriate or acquire private property for the redevelopment of slum areas, as well as to lease or resell the property to private developers to carry out the redevelopment plan. Pursuant to the law, the NHA acquired all properties within a targeted badly blighted area in San Nicolas, Manila except a well-maintained drug and convenience store that poses no blight or health problem itself. Thereafter, NHA sold all the properties it has thus far acquired to a private realty company for redevelopment. Thus, the NHA initiated expropriation proceedings against the store owner who protested that his property could not be taken because it is not residential or slum housing. He also contended that his property is being condemned for a private purpose, not a public one, noting the NHA`s sale of the entire area except his property to a private party. If you were the judge, how would you decide the case? (6%) -V-

22

Having received tips the accused was selling narcotics, two police officers forced open the door of his room. Finding him sitting partly dressed on the side of the bed, the officers spied two capsules on a night stand beside the bed. When asked, " Are these yours?", the accused seized the capsules and put them in his mouth. A struggle ensued, in the course of which the officer pounced on the accused, took him to a hospital where at their direction, a doctor forced an emetic solution though a tube into the accused's stomach against his will. This process induced vomiting. In the vomited matter were found two capsules which proved to contain heroin. In the criminal case, the chief evidence against the accused was the two capsules. a. As counsel for the accused, what constitutional rights will you invoke in his defense? (4%) b. How should the court decide the case? (3%) - VI The Philippine National Police (PNP) issued a circular to all its members directed at the style and length of male police officers' hair, sideburns and moustaches, as well as the size of their waistlines. It prohibits beards, goatees and waistlines over 38 inches, except for medical reason. Some police officers questioned the validity of the circular, claiming that it violated their right to liberty under the Constitution. Resolve the controversy. (6%) - VII JC, a major in the Armed Forces of t\he Philippine, is facing prosecution before the Regional Trial Court of Quezon City for the murder of his neighbor whom he suspected to have molested his (JC's) 15-year old daughter. a. Is JC entitled to bail? Why or why not? (3%) b. Assume that upon being arraigned, JC entered a plea of guilty and was allowed to present evidence to prove mitigating circumstances. JC then testified to the effect that he stabbled the deceased in self-defense beacause the latter was strangling him and that he voluntarily surrendered to the authorities. Subsequently, the trial court rendered a decision acquittal violate JC's right against double jeopardy? Why or why noy? (3%) - VIII ST, a Regional Trial Court judge who falsified his Certificate of Service, was found liable by the Supreme Court for serious misconduct and inefficiency, and meted the penalty of suspension form office for 6 months. Subsequently, ST filed a petition for executive clemency with the Office of the President. The Executive Secretary, acting on said petition issued a resolution granting ST executive clemency. Is the grant of executive clemency valid? Why or why not? (6%) - IX Abdul ran and won in the May 2001, 2004 and 2007 elections for Vice-Governor of Tawi-Tawi. After being proclaimed Vice-Governor in the 2004 elections, his opponent, Khalil, filed an election protest before the Commission on Election. Ruling with finalty on the protest, the COMELEC declared Khalil as the duly elected Vice-Governor though the decision was promulgated only in 2007, when Abdul had fully served his 2004-2007 term and was in fact already on his 2007-2010 term as Vice Governor. 23

a. Abdul now consults you if the can still run for Vice-Governor of Tawi-Tawi in the forthcoming May 2010 election on the premise that he could not be considered as having served as Vice-Governor from 2004-2007 because he was not duly elected to the post, as he assumed office merely as a presumptive winner and that presumption was later overturned when COMELEC decided with finality that had lost in the May 2004 elections. What will be your advice? (3%) b. Abdul also consults you whether his political party can validly nominate his wife as subtitute candidate for Vice-Mayor of Tawi-Tawi in May 2010 elections in case the COMELEC disqualifies him and denies due course to or cancels his certificate of candidacy in view of a false material representation therein.What will be your advice? (3%) -XThe 1st Legislative District of South Cotabato is composed of General Santos and three municipalities including Polomolok. During the canvassing proceedings before the District Board of Canvassers in connection with the 2007 congressional election, candidate MP objected to the certificate pf canvass for Polomolok on the ground that it was obviously manufactured, submitting as evidence the affidavit of a mayoralty candidate of Polomolok. The certificate of canvass for General Santos was likewise objected to by MP on the basis of the confirmed report of the local NAMFREL that 10 election returns from non-existent precincts were included in the certificate. MP moved that the certificate of canvass for General Santos be corrected to exclude the the result from the non-existent precincts. The District Board of Canvassers denied both objections and ruled to include the certificate of canvass. May MP appeal the rulings to the COMELEC? Explain. (6%) - XI On August 8, 2008 the Governor of Bohol died and Vice-Governor Cesar succeeded him by operation of law. Accordingly, Benito, the highest ranking member of the Sangguniang Panlalawigan was elevated to the position of Vice-Governor. By the elevation of Benito to the office of Vice-Governor, a vacancy in the Sangguniang Panlalawigan was created. How should the vacancy be filed? (3%) - XII The Mayor of San Jose City appointed his wife, Amelia, as City Treasurer from among tree (3) employees pf the city considered for the said position. Prior to said promotion, Amelia had been an Assistant City Treasurer for ten (10) years, that is, even before she married the City Mayor. Should the Civil Service Commission approve the promotional appointment of Amelia? Why or why not? (6%) - XIII Congress enacted a law establishing the right to trial by jury of an accused charged with a felony or offense punishable with reclusion perpetua or life imprisonment. The law provides for the qualification of prospective jury member, the guidelines to be observed by the judge and the lawyers in jury selection including the grounds for challenging the selection of jury member, and t\he methodology for jury deliberations. Is the law constitutional? Explain fully. (7%) 24

- XIV In 1963, congress passed a law creating a government-owned corporation named Manila War Memorial Commission (MWMC), with the primary function of overseeing the construction of a massive memorial in the heart of Manila to commemorate victim of the 1945 Battle of Manila The MWMC charter provided an initial appropriation of P1,000,000, empowered the corporation to raise funds in its own name, and set aside a parcel of land in Malate for the memorial site. The charter set the corporate life of MWMC at 50 years with a proviso that Congress may not abolish MWMC until after the completion of the memorial. Forty-five (45) years later, the memorial was only 1/3 complete and the memorial site itself had long been overrun by quatters. Congress enacted a law abolishing the MWMC and requiring that the funds raised by it be remitted to the National Treasury. The MWMC challenged the validity of the law, arguing that under its charter its mandate is to complete the memorial no matter how long it takes. Decide with reason. (6%) - XV The principal of Jaena High School, a public school wrote a letter to the parents and guardians of all the school's pupils, informing them that the school was willing to provide religious instruction to its Catholic students during class hours, through a Catholic priest. However, students who wished to avail of such religious instruction needed to secure the consent of their parents and guardians in writing. a. Does the offer violate the constitutional prohibition againts the establishment of religion? (3%) b. the parents of evangelical Christian students, upon learning of the offer, demanded that they too be entitled to have their children instructed in their own religious faith during class hours. The principal, a devout Catholic, rejected the request. As counsel for the parents of the evangelical students, how would you argue in support of their position? (3%) - XVI Nationwide protest have erupted over rising gas prices, including disruptive demonstrations in many universities throughout the country. The Metro Manila State University, a public university, adopted a university-wide circular prohibiting public mass demonstrations and rallies within the campus. Offended by the circular,militant students spread word that on the following Friday, all students were to wear black T-shirt as a symbols of their protest both against high gas prices and the university ban on demonstrations. The effort was only moderately successful, with around 30% of the students heeding the call. Nonetheless, university officials were outraged and compelled the students leaders to explain why they should not be expelled for violating the circular against demonstrations. The student leaders approached you for legal advice. They contended that they should not be expelled since they did not violate the circular, their protest action being neither a demonstrator nor a rally since all they did was wear black T-shirts. What would you advise the students? (6%) - XVII 25

As a reaction to the rice shortage and the dearth of mining engineers. Congress passed a law requiring graduates of public science high school henceforth to take up agriculture or mining engineering as their college course. Several students protested, invoking their freedom to choose their profession. Is the law constitutional? (6%) NOTHING FOLLOWS. 2009 PART I I TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%) a. A law making "Bayan Ko" the new national anthem of the Philippines, in lieu of "Lupang Hinirang," is constitutional. b. Under the archipelago doctrine, the waters around, between, and connecting the islands of the archipelago form part of the territorial sea of the archipelagic state. c. A law that makes military service for women merely voluntary is constitutional. d. A law fixing the passing grade in the Bar examinations at 70%, with no grade lower than 40% in any subject, is constitutional. e. An educational institution 100% foreign-owned may be validly established in the Philippines. II Despite lingering questions about his Filipino citizenship and his one-year residence in the district, Gabriel filed his certificate of candidacy for congressman before the deadline set by law. His opponent, Vito, hires you as lawyer to contest Gabriel's candidacy. a. Before election day, what action or actions will you institute against Gabriel, and before which court, commission or tribunal will you file such action/s? Reasons. (2%) b. If, during the pendency of such action/s but before election day, Gabriel withdraws his certificate of candidacy, can he be substituted as candidate? If so, by whom and why? If not, why not? (2%) c. If the action/s instituted should be dismissed with finality before the election, and Gabriel assumes office after being proclaimed the winner in the election, can the issue of his candidacy and/or citizenship and residence still be questioned? If so, what action or actions may be filed and where? If not, why not? (2%) III The Municipality of Bulalakaw, Leyte, passed Ordinance No. 1234, authorizing the expropriation of two parcels of land situated in the poblacion as the site of a freedom park, and appropriating the funds needed therefor. Upon review, the |Sangguniang Panlalawigan of Leyte disapproved the ordinance because the municipality has an existing freedom park which, though smaller in

26

size, is still suitable for the purpose, and to pursue expropriation would be needless expenditure of the people's money. Is the disapproval of the ordinance correct? Explain your answer. (2%) IV The Municipality of Pinatukdao is sued for damages arising from injuries sustained by a pedestrian who was hit by a glass pane that fell from a dilapidated window frame of the municipal hall. The municipality files a motion to dismiss the complaint, invoking state immunity from suit. Resolve the motion with reasons. (3%) V To address the pervasive problem of gambling, Congress is considering the following options: (1) prohibit all forms of gambling; (2) allow gambling only on Sundays; (3) allow gambling only in government-owned casinos; and (4) remove all prohibitions against gambling but impose a tax equivalent to 30% on all winnings. a. If Congress chooses the first option and passes the corresponding law absolutely prohibiting all forms of gambling, can the law be validly attacked on the ground that it is an invalid exercise of police power? Explain your answer. (2%) b. If Congress chooses the last option and passes the corresponding law imposing a 30% tax on all winnings and prizes won from gambling, would the law comply with the constitutional limitations on the exercise of the power of taxation? Explain your answer. (2%) VI In a criminal prosecution for murder, the prosecution presented, as witness, an employee of the Manila Hotel who produced in court a videotape recording showing the heated exchange between the accused and the victim that took place at the lobby of the hotel barely 30 minutes before the killing. The accused objects to the admission of the videotape recording on the ground that it was taken without his knowledge or consent, in violation of his right to privacy and the Anti-Wire Tapping law. Resolve the objection with reasons. (3%) VII Crack agents of the Manila Police Anti-Narcotics Unit were on surveillance of a cemetery where the sale and use of prohibited drugs were rumored to be rampant. The team saw a man with reddish and glassy eyes walking unsteadily towards them, but he immediately veered away upon seeing the policemen. The team approached the man, introduced themselves as peace officers, then asked what he had in his clenched fist. Because the man refused to answer, a policeman pried the fist open and saw a plastic sachet filled with crystalline substance. The team then took the man into custody and submitted the contents of the sachet to forensic examination. The crystalline substance in the sachet turned out to be shabu. The man was accordingly charged in court. During the trial, the accused: a. challenged the validity of his arrest; (2%) and 27

b. objected to the admission in evidence of the prohibited drug, claiming that it was obtained in an illegal search and seizure. (2%) Decide with reasons. VIII Congressman Nonoy delivered a privilege speech charging the Intercontinental Universal Bank (IUB) with the sale of unregistered foreign securities, in violation of R.A. 8799. He then filed, and the House of Representatives unanimously approved, a Resolution directing the House Committee on Good Government (HCGG) to conduct an inquiry on the matter, in aid of legislation, in order to prevent the recurrence of any similar fraudulent activity. The HCGG immediately scheduled a hearing and invited the responsible officials of IUB, the Chairman and Commissioners of the Securities and Exchange Commission (SEC), and the Governor of the Bangko Sentral ng Pilipinas (BSP). On the date set for the hearing, only the SEC Commissioners appeared, prompting Congressman Nonoy to move for the issuance of the appropriate subpoena ad testificandum to compel the attendance of the invited resource persons. The IUB officials filed suit to prohibit HCGG from proceeding with the inquiry and to quash the subpoena, raising the following arguments: a. The subject of the legislative investigation is also the subject of criminal and civil actions pending before the courts and the prosecutor's office; thus, the legislative inquiry would preempt judicial action; (3%) and b. Compelling the IUB officials, who are also respondents in the criminal and civil cases in court, to testify at the inquiry would violate their constitutional right against selfincrimination. (3%) Are the foregoing arguments tenable? Reasons. c. May the Governor of the BSP validly invoke executive privilege and, thus, refuse to attend the legislative inquiry? Why or why not? (3%) IX Warlito, a natural-born Filipino, took up permanent residence in the United States, and eventually acquired American citizenship. He then married Shirley, an American, and sired three children. In August 2009, Warlito decided to visit the Philippines with his wife and children: Johnny, 23 years of age; Warlito, Jr., 20; and Luisa, 17. While in the Philippines, a friend informed him that he could reacquire Philippine citizenship without necessarily losing U.S. nationality. Thus, he took the oath of allegiance required under R.A. 9225. a. Having reacquired Philippine citizenship, is Warlito a natural-born or a naturalized Filipino citizen today? Explain your answer. (3%)

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b. With Warlito having regained Philippine citizenship, will Shirley also become a Filipino citizen? If so, why? If not, what would be the most speedy procedure for Shirley to acquire Philippine citizenship? Explain. (3%) c. Do the children --- Johnny, Warlito Jr., and Luisa --- become Filipino citizens with their father's reacquisition of Philippine citizenship? Explain your answer. (3%) X Maximino, an employee of the Department of Education, is administratively charged with dishonesty and gross misconduct. During the formal investigation of the charges, the Secretary of Education preventively suspended him for a period of sixty (60) days. On the 60th day of the preventive suspension, the Secretary rendered a verdict, finding Maximino guilty, and ordered his immediate dismissal from the service. Maximino appealed to the Civil Service Commission (CSC), which affirmed the Secretary's decision. Maximino then elevated the matter to the Court of Appeals (CA). The CA reversed the CSC decision, exonerating Maximino. The Secretary of Education then petitions the Supreme Court (SC) for the review of the CA decision. a. Is the Secretary of Education a proper party to seek the review of the CA decision exonerating Maximino? Reasons. (2%) b. If the SC affirms the CA decision, is Maximino entitled to recover back salaries corresponding to the entire period he was out of the service? Explain your answer. (3%)

PART II XI TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%) a. Aliens are absolutely prohibited from owning private lands in the Philippines. b. A de facto public officer is, by right, entitled to receive the salaries and emoluments attached to the public office he holds. c. The President exercises the power of control over all executive departments and agencies, including government-owned or controlled corporations. d. Decisions of the Ombudsman imposing penalties in administrative disciplinary cases are merely recommendatory. e. Dual citizenship is not the same as dual allegiance. XII William, a private American citizen, a university graduate and frequent visitor to the Philippines, was inside the U.S. embassy when he got into a heated argument with a private Filipino citizen. Then, in front of many shocked witnesses, he killed the person he was arguing with. The police 29

came, and brought him to the nearest police station. Upon reaching the station, the police investigator, in halting English, informed William of his Miranda rights, and assigned him an independent local counsel. William refused the services of the lawyer, and insisted that he be assisted by a Filipino lawyer currently based in the U.S. The request was denied, and the counsel assigned by the police stayed for the duration of the investigation. William protested his arrest. a. He argued that since the incident took place inside the U.S. embassy, Philippine courts have no jurisdiction because the U.S. embassy grounds are not part of Philippine territory; thus, technically, no crime under Philippine law was committed. Is William correct? Explain your answer. (3%) b. He also claimed that his Miranda rights were violated because he was not given the lawyer of his choice; that being an American, he should have been informed of his rights in proper English; and that he should have been informed of his rights as soon as he was taken into custody, not when he was already at the police station. Was William denied his Miranda rights? Why or why not? (3%) c. If William applies for bail, claiming that he is entitled thereto under the "international standard of justice" and that he comes from a U.S. State that has outlawed capital punishment, should William be granted bail as a matter of right? Reasons. (3%) XIII A terrorist group called the Emerald Brigade is based in the State of Asyaland. The government of Asyaland does not support the terrorist group, but being a poor country, is powerless to stop it. The Emerald Brigade launched an attack on the Philippines, firing two missiles that killed thousands of Filipinos. It then warned that more attacks were forthcoming. Through diplomatic channels, the Philippines demanded that Asyaland stop the Emerald Brigade; otherwise, it will do whatever is necessary to defend itself. Receiving reliable intelligence reports of another imminent attack by the Emerald Brigade, and it appearing that Asyaland was incapable of preventing the assault, the Philippines sent a crack commando team to Asyaland. The team stayed only for a few hours in Asyaland, succeeded in killing the leaders and most of the members of the Emerald Brigade, then immediately returned to the Philippines. a. Was the Philippine action justified under the international law principle of "self-defense"? Explain your answer. (3%) b. As a consequence of the foregoing incident, Asyaland charges the Philippines with violation of Article 2.4 of the United Nations Charter that prohibits "the threat or use of force against the territorial integrity or political independence of any State." The Philippines counters that its commando team neither took any territory nor interfered in the political processes of Asyaland. Which contention is correct? Reasons. (3%) c. Assume that the commando team captured a member of the Emerald Brigade and brought him back to the Philippines. The Philippine Government insists that a special international tribunal should try the terrorist. On the other hand, the terrorist argues that terrorism is not an international crime and, therefore, the municipal laws of the

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Philippines, which recognize access of the accused to constitutional rights, should apply. Decide with reasons. (3%) XIV The Philippine Government is negotiating a new security treaty with the United States which could involve engagement in joint military operations of the two countries' armed forces. A loose organization of Filipinos, the Kabataan at Matatandang Makabansa (KMM) wrote the Department of Foreign Affairs (DFA) and the Department of National Defense (DND) demanding disclosure of the details of the negotiations, as well as copies of the minutes of the meetings. The DFA and the DND refused, contending that premature disclosure of the offers and counter-offers between the parties could jeopardize on-going negotiations with another country. KMM filed suit to compel disclosure of the negotiation details, and be granted access to the records of the meetings, invoking the constitutional right of the people to information on matters of public concern. a. Decide with reasons. (3%) b. Will your answer be the same if the information sought by KMM pertains to contracts entered into by the Government in its proprietary or commercial capacity? Why or why not? (3%) XV The KKK Television Network (KKK-TV) aired the documentary, "Case Law: How the Supreme Court Decides," without obtaining the necessary permit required by P.D. 1986. Consequently, the Movie and Television Review and Classification Board (MTRCB) suspended the airing of KKK-TV programs. MTRCB declared that under P.D. 1986, it has the power of prior review over all television programs, except "newsreels" and programs "by the Government", and the subject documentary does not fall under either of these two classes. The suspension order was ostensibly based on Memorandum Circular No. 98-17 which grants MTRCB the authority to issue such an order. KKK-TV filed a certiorari petition in court, raising the following issues: a. The act of MTRCB constitutes "prior restraint" and violates the constitutionally guaranteed freedom of expression; (3%) and b. While Memorandum Circular No. 98-17 was issued and published in a newspaper of general circulation, a copy thereof was never filed with the Office of the National Register of the University of the Philippines Law Center. (2%) Resolve the foregoing issues, with reasons. XVI a. Angelina, a married woman, is a Division Chief in the Department of Science and Technology. She had been living with a married man, not her husband, for the last fifteen (15) years. Administratively charged with immorality and conduct prejudicial to the best interest of the service, she admits her live-in arrangement, but maintains that this conjugal understanding is in conformity with their religious beliefs. As members of the religious sect, Yahweh's Observers, they had executed a Declaration of Pledging 31

Faithfulness which has been confirmed and blessed by their Council of Elders. At the formal investigation of the administrative case, the Grand Elder of the sect affirmed Angelina's testimony and attested to the sincerity of Angelina and her partner in the profession of their faith. If you were to judge this case, will you exonerate Angelina? Reasons. (3%) b. Meanwhile, Jenny, also a member of Yahweh's Observers, was severely disappointed at the manner the Grand Elder validated what she considered was an obviously immoral conjugal arrangement between Angelina and her partner. Jenny filed suit in court, seeking the removal of the Grand Elder from the religious sect on the ground that his act in supporting Angelina not only ruined the reputation of their religion, but also violated the constitutional policy upholding the sanctity of marriage and the solidarity of the family. Will Jenny's case prosper? Explain your answer. (2%) XVII Filipinas Computer Corporation (FCC), a local manufacturer of computers and computer parts, owns a sprawling plant in a 5,000-square meter lot in Pasig City. To remedy the city's acute housing shortage, compounded by a burgeoning population, the Sangguniang Panglungsod authorized the City Mayor to negotiate for the purchase of the lot. The Sanggunian intends to subdivide the property into small residential lots to be distributed at cost to qualified city residents. But FCC refused to sell the lot. Hard pressed to find a suitable property to house its homeless residents, the City filed a complaint for eminent domain against FCC. a. If FCC hires you as lawyer, what defense or defenses would you set up in order to resist the expropriation of the property? Explain. (5%) b. If the Court grants the City's prayer for expropriation, but the City delays payment of the amount determined by the court as just compensation, can FCC recover the property from Pasig City? Explain. (2%) c. Suppose the expropriation succeeds, but the City decides to abandon its plan to subdivide the property for residential purposes having found a much bigger lot, can FCC legally demand that it be allowed to repurchase the property from the City of Pasig? Why or why not? (2%) XVIII What are the essential elements of a valid petition for a people's initiative to amend the 1987 Constitution? Discuss. (2%)

-NOTHING FOLLOWS2010 PART I

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I The dictatorial regime of President A of the Republic of Gordon was toppled by a combined force led by Gen. Abe, former royal guards and the secessionist Gordon Peoples Army. The new government constituted a Truth and Reconciliation Commission to look into the serious crimes committed under President As regime. After the hearings, the Commission recommended that an amnesty law be passed to cover even those involved in mass killings of members of indigenous groups who opposed President A. International human rights groups argued that the proposed amnesty law is contrary to international law. Decide with reasons. (4%) II Compare and contrast the jurisdiction of the International Criminal Court and International Court of Justice. (3%) III A, a British photojournalist, was covering the violent protests of the Thai Red-Shirts Movement in Bangkok. Despite warnings given by the Thai Prime Minister to foreigners, specially journalists, A moved around the Thai capital. In the course of his coverage, he was killed with a stray bullet which was later identified as having come from the ranks of the Red-Shirts. The wife of A sought relief from Thai authorities but was refused assistance. a. Is there state responsibility on the part of Thailand? (2%) b. What is the appropriate remedy available to the victims family under international law? (3%) IV Choose the statement which appropriately completes the opening phrase: A State which resorts to retorsion in international law a. b. c. d. e. must ensure that all states consent to its act. cannot curtail migration from the offending state. can expel the nationals of the offending state. should apply proportionate response within appreciable limit. None of the above.

Explain your answer. (2%) V Congresswoman A is a co-owner of an industrial estate in Sta. Rosa, Laguna which she had declared in her Statement of Assets and Liabilities. A member of her political party authored a bill which would provide a 5-year development plan for all industrial estates in the Southern Tagalog Region to attract investors. The plan included an appropriation of 2 billion pesos for construction of roads around the estates. When the bill finally became law, a civil society 33

watchdog questioned the constitutionality of the law as it obviously benefitted Congresswoman As industrial estate. Decide with reasons. (3%) VI The Poverty Alleviation and Assistance Act was passed to enhance the capacity of the most marginalized families nationwide. A financial assistance scheme called conditional cash transfers was initially funded 500 million pesos by Congress. One of the provisions of the law gave the Joint-Congressional Oversight Committee authority to screen the list of beneficiary families initially determined by the Secretary of Department of Social Welfare and Development pursuant to the Department implementing rules. Mang Pandoy, a resident of Smokey Mountain in Tondo, questioned the authority of the Committee. a. Does Mang Pandoy have legal standing to question the law?(2%) b. Is the grant of authority to the Oversight Committee to screen beneficiaries constitutional? (3%) Decide with reasons. VII True or False. a. A proclamation of a state of emergency is sufficient to allow the President to take over any public utility. (0.5%) b. A treaty which provides tax exemption needs no concurrence by a majority of all the Members of the Congress. (0.5%) VIII Distinguish presidential communications privilege from deliberative process privilege. (3%) IX The League of Filipino Political Scientists (LFPS) organized an international conference on the human rights situation in Myanmar at the Central Luzon State University (CLSU). An exiled Myanmar professor Sung Kui, critical of the military government in Myanmar, was invited as keynote speaker. The Secretary of Foreign Affairs informed the President of the regional and national security implications of having Prof. Kui address the conference. The President thereupon instructed the immigration authorities to prevent the entry of Prof. Kui into Philippine territory. The chancellor of CLSU argued that the instruction violates the Constitution. Decide with reasons. (4%) X A, the wife of an alleged victim of enforced disappearance, applied for the issuance of a Writ of Amparo before a Regional Trial Court in Tarlac. Upon motion of A, the court issued inspection and production orders addressed to the AFP Chief of Staff to allow entry at Camp Aquino and permit the copying of relevant documents, including the list of detainees, if any. Accompanied 34

by court-designated Commission on Human Rights (CHR) lawyers, A took photographs of a suspected isolation cell where her husband was allegedly seen being held for three days and tortured before he finally disappeared. The CHR lawyers requested one Lt. Valdez for a photocopy of the master plan of Camp Aquino and to confirm in writing that he had custody of the master plan. Lt. Valdez objected on the ground that it may violate his right against selfincrimination. Decide with reasons. (4%) XI Which statement best completes the following phrase: (1%) Freedom from torture is a right a. b. c. d. e. subject to derogation when national security is threatened. confined only during custodial investigation. which is non-derogable both during peacetime and in a situation of armed conflict. both (a) and (b) none of the above. XII A witnessed two hooded men with baseball bats enter the house of their next door neighbor B. After a few seconds, he heard B shouting, Huwag Pilo babayaran kita agad. Then A saw the two hooded men hitting B until the latter fell lifeless. The assailants escaped using a yellow motorcycle with a fireball sticker on it toward the direction of an exclusive village nearby. A reported the incident to PO1 Nuval. The following day, PO1 Nuval saw the motorcycle parked in the garage of a house at Sta. Ines Street inside the exclusive village. He inquired with the caretaker as to who owned the motorcycle. The caretaker named the brothers Pilo and Ramon Maradona who were then outside the country. PO1 Nuval insisted on getting inside the garage. Out of fear, the caretaker allowed him. PO1 Nuval took 2 ski masks and 2 bats beside the motorcycle. Was the search valid? What about the seizure? Decide with reasons. (4%) XIII True or False. a. A valid and definite offer to buy a property is a pre-requisite to expropriation initiated by a local government unit. (0.5%) b. Re-classification of land by a local government unit may be done through a resolution. (0.5%) c. Boundary disputes between and among municipalities in the same province may be filed immediately with the Regional Trial Court. (0.5%) d. The Metropolitan Manila Development Authority is authorized to confiscate a drivers license in the enforcement of traffic regulations. (0.5%) XIV ABC operates an industrial waste processing plant within Laoag City. Occasionally, whenever fluid substances are released through a nearby creek, obnoxious odor is emitted causing dizziness among residents in Barangay La Paz. On complaint of the Punong Barangay, the City 35

Mayor wrote ABC demanding that it abate the nuisance. This was ignored. An invitation to attend a hearing called by the Sangguniang Panlungsod was also declined by the president of ABC. The city government thereupon issued a cease and desist order to stop the operations of the plant, prompting ABC to file a petition for injunction before the Regional Trial Court, arguing that the city government did not have any power to abate the alleged nuisance. Decide with reasons. (3%) XV True or False. a. A person who occupies an office that is defectively created is a de facto officer. (0.5%) b. The rule on nepotism does not apply to designations made in favor of a relative of the authority making a designation. (0.5%) c. A discretionary duty of a public officer is never delegable. (0.5%) d. Acquisition of civil service eligibility during tenure of a temporary appointee does not automatically translate to a permanent appointment. (0.5%) XVI Rudy Domingo, 38 years old, natural-born Filipino and a resident of the Philippines since birth, is a Manila-based entrepreneur who runs KABAKA, a coalition of peoples organizations from fisherfolk communities. KABAKAs operations consist of empowering fisherfolk leaders through livelihood projects and trainings on good governance. The Dutch Foundation for Global Initiatives, a private organization registered in The Netherlands, receives a huge subsidy from the Dutch Foreign Ministry, which, in turn is allocated worldwide to the Foundations partners like KABAKA. Rudy seeks to register KABAKA as a party-list with himself as a nominee of the coalition. Will KABAKA and Rudy be qualified as a party-list and a nominee, respectively? Decide with reasons. (4%) PART II XVII During his campaign sortie in Barangay Salamanca, Mayor Galicia was arrested at a PNP checkpoint for carrying highpowered firearms in his car. He was charged and convicted for violation of the 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 and Parole, the President granted him pardon. Is he eligible to run again for an elective position? Explain briefly. (5%) XVIII The House Committee on Appropriations conducted an inquiry in aid of legislation into alleged irregular and anomalous disbursements of the Countrywide Development Fund (CDF) and Congressional Initiative Allocation (CIA) of Congressmen as exposed by X, a Division Chief of the Department of Budget and Management (DBM). Implicated in the questionable disbursements are high officials of the Palace. The House Committee summoned X and the DBM Secretary to appear and testify. X refused to appear, while the Secretary appeared but refused to testify invoking executive privilege. 36

a. May X be compelled to appear and testify? If yes, what sanction may be imposed on him? (2%) b. Is the Budget Secretary shielded by executive privilege from responding to the inquiries of the House Committee? Explain briefly. If the answer is no, is there any sanction that may be imposed upon him? (3%) XIX To instill religious awareness in the students of Doa Trinidad High School, a public school in Bulacan, the Parent- Teachers Association of the school contributed funds for the construction of a grotto and a chapel where ecumenical religious services and seminars are being held after school hours. The use of the school grounds for these purposes was questioned by a parent who does not belong to any religious group. As his complaint was not addressed by the school officials, he filed an administrative complaint against the principal before the DECS. Is the principal liable? Explain briefly. (5%) XX Define/explain the following: a. b. c. d. e. Doctrine of operative facts (1%) De facto municipal corporation (1%) Municipal corporation by estoppel (1%) Doctrine of necessary implication (1%) Principle of holdover (1%) XXI The Sangguniang Panlungsod of Pasay City passed an ordinance requiring all disco pub owners to have all their hospitality girls tested for the AIDS virus. Both disco pub owners and the hospitality girls assailed the validity of the ordinance for being violative of their constitutional rights to privacy and to freely choose a calling or business. Is the ordinance valid? Explain. (5%) XXII Governor Diy was serving his third term when he lost his governorship in a recall election. a. Who shall succeed Governor Diy in his office as Governor? (1%) b. Can Governor Diy run again as governor in the next election? (2%) c. Can Governor Diy refuse to run in the recall election and instead resign from his position as governor? (2%) XXIII A was a career Ambassador when he accepted an ad interim appointment as Cabinet Member. The Commission on Appointments bypassed his ad interim appointment, however, and he was not re-appointed. Can he re-assume his position as career Ambassador? (5%) XXIV 37

Compare and contrast overbreadth doctrine from void-forvagueness doctrine. (5%) XXV a. What is the rotational scheme of appointments in the COMELEC? (2%) b. What are the two conditions for its workability? (2%) c. To what other constitutional offices does the rotational scheme of appointments apply? (2%) XXVI Distinguish between pocket veto and item veto. (2%) XXVII What is the concept of association under international law? (2%) NOTHING FOLLOWS.

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