Political Law

As a reaction to China’s occupation of the Spratly Islands, a rally was organized by various civil society aggrupations at a vacant private lot. Before the event could even start, the police ordered the organizers not to proceed with the program because of security reasons and the fact that the group did not have a mayor’s permit. When the organizers still proceeded with the rally, the police dispersed the crowd and arrested the leaders of the group. (a) Did the actions of the police constitute a violation of the group’s constitutional right to peacefully assemble? Explain briefly.

Lemuel was born in 1988 to a Filipino mother and an American father, as shown in his birth certificate. His parents, however, were not married to each other. Subsequently, his father petitioned for him, as a result of which Lemuel received a certificate of American citizenship and an American passport. In 2022, Lemuel filed a certificate of candidacy to run as Representative of the lone district of Batanes. Ayla, a Filipino citizen and resident of Batanes, filed a petition for disqualification with the Commission on Elections alleging that Lemuel is ineligible to run for public office in the Philippines as Lemuel is an American citizen. Is Ayla correct? Explain briefly. (5 points)

Philippine Medical Center (PMC) is a government hospital created by law to provide healthcare to the general public, especially the less fortunate. To enable PMC to perform its mandate, the national government provided the initial capital, land, buildings, and equipment to PMC. PMC’s charter also authorized it, acting through its Board of Trustees: to acquire property; to enter into contracts; to mortgage, encumber, lease, sell, convey, or dispose of its properties; and to do other acts necessary to accomplish its purposes and objectives. Among the properties of PMC are five lands and buildings located in Quezon City. The Quezon City assessor issued notices of assessment for real property taxes (RPT) against PMC’s properties that are being leased to private concessionaires. According to the city assessor, PMC’s properties leased to private entities are subject to RPT because these properties are not being exclusively used for charitable purposes. PMC, on the other hand, claims that, as a government instrumentality imbued with corporate powers, it is exempt from RPT. (a) Is PMC liable for the assessed RPT over the leased properties? Explain briefly.

The Commission on Higher Education (CHED) directed higher education institutions to remove materials “that contain pervasive ideologies of Communist-Terrorist Groups” from their libraries. According to the CHED, the materials need to be removed because these would radicalize students against the government. Is the CHED directive a violation of the institutions’ academic freedom? Explain briefly. (5 points)

A city ordinance was passed providing for the removal, at the owner’s expense, of: (i) all outdoor advertising materials displayed or exposed to the public in designated regulated areas such as residential zones, bridges, and along main city streets; and (ii) billboards of substandard materials, or which obstruct road signs and traffic signals. Failure to comply with said ordinance authorizes the mayor, assisted by the police, to implement the removal of the non-compliant materials. ABC Ad Agency, owner of the billboards removed by the city, filed a complaint because, considering the nature of its business, the removal of its billboards amounted to taking of private property without just compensation. Will the complaint prosper? Explain briefly. (5 points)

As a reaction to China’s occupation of the Spratly Islands, a rally was organized by various civil society aggrupations at a vacant private lot. Before the event could even start, the police ordered the organizers not to proceed with the program because of security reasons and the fact that the group did not have a mayor’s permit. When the organizers still proceeded with the rally, the police dispersed the crowd and arrested the leaders of the group. (b) Would your answer be the same if the rally was held at a freedom park? Explain briefly. (5 points)

The K-12 Law was passed with the objective to enhance the Philippine educational system by strengthening its curriculum and adding two years of high school. Parents of students in a science high school sought to have the law declared unconstitutional citing the equal protection clause of the Constitution. As well, the parents averred that the law should not apply to their children because the latter belong to a distinct class, being gifted and advanced for their age, with the capability to learn better and faster compared to other high school students. Is the contention of the parents tenable? Explain briefly. (5 points)

A police officer saw Harvey urinating in public. A local ordinance imposes a Php500.00 fine for urinating in public. The police officer shouted at Harvey: “That is against the law!” Harvey sarcastically answered: “No, this is against the wall!” Then and there, the police officer arrested him and brought him to the police station. At the police station, Harvey was frisked and was found in possession of an unlicensed .38 caliber revolver loaded with five live ammunition. He was subsequently charged with Qualified Illegal Possession of Firearms. When the prosecution offered in evidence the unlicensed firearm and ammunition, the defense objected on the ground that the pieces of evidence are products of an illegal search and seizure. The prosecution contended that the pieces of evidence were lawfully seized after a valid warrantless search incidental to a lawful arrest. Was the search and seizure valid? Explain briefly. (5 points)

After Martial Law was declared over Mindanao, police officers arrested Jose Maria without any warrant while shopping for groceries at a supermarket in Mindanao. Jose Maria questioned the validity of the arrest as he had no pending case and was not committing any crime at the time of his arrest. The police officers countered that the declaration of Martial Law suspended the privilege of the writ of habeas corpus, and as a result, they could effect warrantless arrests. Is the contention of the police officers correct? Explain briefly. (5 points)

Philippine Medical Center (PMC) is a government hospital created by law to provide healthcare to the general public, especially the less fortunate. To enable PMC to perform its mandate, the national government provided the initial capital, land, buildings, and equipment to PMC. PMC’s charter also authorized it, acting through its Board of Trustees: to acquire property; to enter into contracts; to mortgage, encumber, lease, sell, convey, or dispose of its properties; and to do other acts necessary to accomplish its purposes and objectives. Among the properties of PMC are five lands and buildings located in Quezon City. The Quezon City assessor issued notices of assessment for real property taxes (RPT) against PMC’s properties that are being leased to private concessionaires. According to the city assessor, PMC’s properties leased to private entities are subject to RPT because these properties are not being exclusively used for charitable purposes. PMC, on the other hand, claims that, as a government instrumentality imbued with corporate powers, it is exempt from RPT. (b) Supposing PMC is correct that it is not liable for RPT, may the city assessor assess the lessees for the RPT due on PMC’s leased properties? Explain briefly. (5 points)

A foreign commercial ship was spotted by the Philippine Coast Guard dumping garbage and toxic Waste 20 nautical miles from Nasugbu, Batangas, the nearest coastline of the Philippines. The officers of the ship were arrested and charged in the Regional Trial Court (RTC) of Batangas for violation of environmental laws of the Philippines. The officers of the ship filed a motion to dismiss the case on the ground that Philippine courts do not have territorial jurisdiction over the case since the vessel was sailing outside the territorial sea of the Philippines when the arrest was made. Is the ground to dismiss correct? Explain briefly. (5 points)

The Congress passed a law prohibiting the sale and distribution of alcoholic drinks within 100 meters from religious and educational institutions. A city enacted an ordinance increasing the coverage of the prohibition to 150 meters from any religious and educational institution. Is the city ordinance valid? Explain briefly. (5 points)

President Hidalgo, who wanted the Philippines to be part of the International Criminal Court once again, signed the Philippines’ ratification of the Rome Statute. A copy of the treaty, along with the ratification, was sent to the Senate for its concurrence. Senator Dalisay filed a proposed “Resolution” for the Senate to concur with the Philippines’ ratification. The proposed “Resolution” was read three times on three separate days. Three days before the third reading, printed copies of the proposed “Resolution” in its final form were distributed to all the Senators. The Senators then unanimously approved the “Resolution”, and the Senate expressed its concurrence with the treaty’s ratification. A civil society group filed a petition before the Supreme Court questioning the validity of the Senate’s concurrence on the ground that the “Resolution” was void because only a “bill” becomes a law. Rule on the petition. Explain briefly. (5 points)

Pedro was the accused in a rape case. During the trial, the private complainant testified that on the night of the incident, she was walking home when Pedro, who was her neighbor, suddenly grabbed her and brought her to his house. There, Pedro forcibly had carnal knowledge of her. After the prosecution rested its case, Pedro testified that the sexual intercourse between him and the private complainant was consensual. Eventually, the trial court acquitted Pedro on reasonable doubt and found that the element of force was not established. The People filed a Rule 65 petition for certiorari with the Court of Appeals (CA), alleging that the trial court’s decision was rendered with grave abuse of discretion because the private complainant's testimony clearly established that Pedro had carnal knowledge of her through force and without her consent. In his comment, Pedro sought to dismiss the petition on the ground of violation of his right against double jeopardy. As the CA, how would you rule on the petition? Explain briefly. (5 points)

During a press conference, President Acosta explained that the Executive Department can temporarily take over the operation of any privately owned public utility or business affected with public interest to address the shortage of hospital beds occasioned by the COVID-19 pandemic. She invokes Article XII, Section 17 of the 1987 Philippine Constitution, which provides that: “In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.” Is President Acosta correct? Explain briefly. (5 points)

A law was passed exempting the Land Bank of the Philippines (LBP) from the payment of filing fees in collection cases on loans granted by LBP to its borrowers. The Office of the Court Administrator (OCA) of the Supreme Court issued a Memorandum requiring all courts to continue to collect filing fees in collection cases filed by LBP, stating that only the Supreme Court can decide on exemptions from payment of filing fees. LBP assails the OCA Memorandum, arguing that the exemption found in the law is within the plenary power of Congress to enact legislation. Moreover, the law was approved by the President. Thus, LBP argues that the act of the OCA violates the principle of separation of powers. Is LBP correct? Explain briefly. (5 points)

Pursuant to a law ordering the fixing of “just and reasonable standards, classifications, regulations, practices, or services to be furnished, observed and imposed by operators of public utility vehicles,” the Land Transportation Franchise and Regulatory Board (LTFRB) promulgated and published a regulation that “no car beyond six years shall be operated as a taxi.” Taxi operators assailed the validity of the regulation contending that procedural due process was violated because position papers were not asked of them and no notice was given to them prior to the issuance of the regulation. Were the taxi operators denied procedural due process? Explain briefly. (5 points)

The Executive Judge of a Regional Trial Court prohibited the conduct of daily prayers for Muslims inside any room of the Hall of Justice even during break time. Among Muslims, five daily prayers (salah) are mandatory. In all these daily prayers, Muslims need to face the qiblah. There is a noontime prayer (Zhuhr) and an afternoon prayer (Asr). But unlike the other three prayers, these two can be recited silently, but still on a prayer mat and with body movements. There is a Supreme Court Resolution that allows Catholic masses to be held during break time inside the Halls of Justice. There was only one dissent to this Resolution on the ground of strict separation of Church and State in relation to acts of worship. The Executive Judge is a member of a Catholic institution perceived to be conservative. Did the Executive Judge violate the equal protection clause of the Constitution? Explain briefly.

Can a charismatic and effective 30-yearold former mayor of a chartered city in Metro Manila legally run for President of the Republic of the Philippines in the 2022 elections? Explain briefly.

A law is passed penalizing any criticism of any sitting Member of the Supreme Court on any media platform. The penalty is higher when the criticism is made through social media. Is this law constitutional? Explain briefly.

A news agency incorporated under Philippine laws won two international awards for its stand on freedom of expression. One of its founding directors even won the Nobel Peace Prize. For championing free expression, it received a substantial investment offer from a British philanthropist. The investment offer comes in the form of funds which can cover at least 80% of the news agency’s operations, both in print and online. In exchange, however, the British philanthropist would acquire 51% of the news agency’s outstanding common and voting stocks, as well as get a seat for the philanthropist’s nominee in the news agency’s governing board. Are the conditions of the investment constitutional? Explain briefly.

A provincial ordinance was passed setting a province-wide curfew for all minors. This was challenged through a suit filed before the Regional Trial Court having territorial jurisdiction over the province. The provincial legal officer sought the case’s dismissal on the lone ground that the Supreme Court has sole and exclusive jurisdiction to determine the constitutionality of a treaty, law, or ordinance. Should the provincial legal officer’s prayer for dismissal be granted? Explain briefly.

A law is passed which provides that when the Department of Public Works and Highways expropriates property for the government infrastructure projects, it will have the sole and exclusive authority to determine the price to be paid as compensation to the landowner, which amount shall be no more than the assessed value of the property used for real property taxation. Is this provision of law valid? Explain briefly.

A Senator filed a petition for mandamus to compel a newly elected President to sign, approve, and transmit to the Senate for its ratification the treaty creating the International Criminal Court. Should this petition prosper? Explain briefly.

To contain the spread of a virus, and in line with the World Health Organization’s declaration of a pandemic, the President declared martial law throughout the entire Philippine archipelago. As an additional justification, the Proclamation declaring martial law cited the possibility that health protocols might not be followed. A law student filed a petition before the Supreme Court questioning the sufficiency of the constitutional and factual bases for the martial law declaration. Does the law student have standing to file this action? Explain briefly.

The United Nations General Assembly unanimously passed a Resolution expressing the commitment of its members to pass law and related policies that would provide incentives for all citizens of the planet to change their lifestyles so that the impending disasters brought about by climate change can be avoided or mitigated. As the principal legal adviser of the Secretary of Foreign Affairs, you are asked this query: Is this General Assembly Resolution a valid source of State obligation under international law? Explain briefly.

Both the House of Representatives and the Senate passed a bill which: (a) increases the number of Supreme Court Justices from 15 to 20; (b) assigns the five most senior Justices, including the Chief Justice, exclusively to a Special Division that will tackle only constitutional cases; and (c) removes from the Supreme Court En Banc the power to hear and decide cases involving alleged violations of the Constitution. The Chief Presidential Legal Counsel advises the President to veto the bill, arguing that the law is unconstitutional because its contents should be the subject of constitutional amendment rather than of legislation. Is the Chief Presidential Legal Counsel’s argument constitutionally sound? Explain briefly.

Disappointed that both Houses of Congress are seriously debating a bill seeking to enable absolute divorce, a citizen filed a petition asking the Supreme Court to order Congressional deliberations to stop. Should the petition prosper? Explain briefly.

As a car driver was getting into their car inside the parking area of a mall in Makati, two individuals suddenly came from behind them. One pointed a gun to the car driver’s head while the other grabbed the car keys in the driver’s hand. The two then sped away with the car. After recovering from the initial shock, the driver took their smartphone and opened the app “Find My Car”, “Find My Car” is an app that tracks in real time the movement and location of a car through a Global Positioning System (GPS) device installed in the car. The driver then went to the nearest police station and showed the officers the current location of the car as shown on their smartphone. The car appeared to stop at a spot in Novaliches, Quezon City. Six hours after the car had been stolen, a combined team of elite police officers from the Highway Patrol Group and the Criminal Investigation Detection Group, by force and without a warrant, searched a private home in Novaliches, Quezon City. The private home was pinpointed by the car’s GPS tracker as displayed on the driver’s phone. The private home is enclosed by a gate and is equipped with security cameras. In the private home’s garage, the police officers found the driver’s car, along with two other cars which matched police records of previously stolen motor vehicles. The officers seized and impounded all three cars. Right then and there, they also arrested the owner of the private home, who was subsequently charged with carnapping. Are the seized cars admissible in evidence? Explain briefly.

Under the United Nations Convention on the Law of the Sea (UNCLOS), what are the rights of the Philippines within the following areas: (a) Contiguous zone (2%)

The Humanitarian Services Society (HSS), an international non-government organization, assisted the displaced families of Tribe X who had to ee their home country in order to escape the systematic persecution conducted against them by their country’s ruling regime based on their cultural and religious beliefs. Fearing for their lives, some of these displaced families, with the help of HSS, were able to sail out into the sea on a boat with 15 passengers. An affiliate of HSS in the Philippines intervened on behalf of these displaced families, claiming that they are refugees under international law and hence, should not be expelled from our territory. May the displaced families of Tribe X be considered as “refugees” under international law? Explain. (3%)

Mrs. W supplied the Philippine National Police (PNP) with uniforms every year. Last month, she and two (2) other officers of the PNP conspired to execute a “ghost purchase” covered by five (5) checks amounting to P200,000.00 each, or a total of P1,000,000.00. An investigating committee within the PNP, which was constituted to look into it, invited Mrs. W, among others, for an inquiry regarding the anomalous transaction. Mrs. W accepted the invitation but during the committee hearing, she stated that she will not answer any question unless she be provided with the assistance of a counsel. The PNP officials denied her request; hence, she no longer participated in the investigation. (a) What is a custodial investigation? Under the 1987 Constitution, what are the rights of a person during custodial investigation? (3%)

Mrs. W supplied the Philippine National Police (PNP) with uniforms every year. Last month, she and two (2) other officers of the PNP conspired to execute a “ghost purchase” covered by five (5) checks amounting to P200,000.00 each, or a total of P1,000,000.00. An investigating committee within the PNP, which was constituted to look into it, invited Mrs. W, among others, for an inquiry regarding the anomalous transaction. Mrs. W accepted the invitation but during the committee hearing, she stated that she will not answer any question unless she be provided with the assistance of a counsel. The PNP officials denied her request; hence, she no longer participated in the investigation. (b) Was the PNP’s denial of Mrs. W’s request violative of her right to counsel in the proceedings conducted by the PNP? Explain.

A committee of the Senate invited Mr. X and Mr. Y, the Secretary of Foreign Affairs and Secretary of Energy, respectively, as resource speakers for an inquiry in aid of legislation. Mr. X refused to attend, arguing that the Senate, not its committee, has the power to compel attendance. Meanwhile, Mr. Y attended the committee hearing but upon being asked about discussions made during a closed-door cabinet meeting, he refused to answer invoking executive privilege. The committee members insisted that Mr. Y answer the question pursuant to the right of Congress to information from the executive branch. (b) Is Mr. Y’s refusal to answer based on executive privilege valid? Explain. (2.5%)

The continuing threat to the security of the State in various parts of the country prompted the National Security Adviser of the President to adopt a “Comprehensive National Security Strategy (CNSS)” with the following components: Component 1: During a state of emergency, the President, in the exercise of his power of general supervision, may delegate to the heads of local government units (LOUs), through an administrative issuance, the power to call-out the Armed Forces of the Philippines (AFP) for a more effective and immediate response to the ground situation; and Component 2: In declaring Martial Law, the President, in a preemptive action and without waiting for the recommendation of the Secretary of National Defense and the AFP, may rely upon any intelligence information he may have gathered through other sources. Disturbed by the strategy’s supposed infirmities, a concerned citizens’ organization raised the constitutionality of the two (2) components of the CNSS before the Supreme Court. (a) Is component 1 of the CNSS constitutional? Explain. (2.5%)

The continuing threat to the security of the State in various parts of the country prompted the National Security Adviser of the President to adopt a “Comprehensive National Security Strategy (CNSS)” with the following components: Component 1: During a state of emergency, the President, in the exercise of his power of general supervision, may delegate to the heads of local government units (LOUs), through an administrative issuance, the power to call-out the Armed Forces of the Philippines (AFP) for a more effective and immediate response to the ground situation; and Component 2: In declaring Martial Law, the President, in a preemptive action and without waiting for the recommendation of the Secretary of National Defense and the AFP, may rely upon any intelligence information he may have gathered through other sources. Disturbed by the strategy’s supposed infirmities, a concerned citizens’ organization raised the constitutionality of the two (2) components of the CNSS before the Supreme Court. (b) Is component 2 of the CNSS constitutional? Explain. (2.5%)

The unabated rise of criminality and the reported identification of delinquent children loitering in the wee hours of the night prompted City Z to implement a curfew ordinance. Minors unaccompanied or unsupervised on the streets by their parents or guardians between 10:00 P.M. to 5:00 A.M. may be apprehended by law enforcers subject to certain exclusive exceptions. These exceptions are: 1. minors running lawful errands, such as buying of medicines, using of telecommunications facilities for emergency purposes and the like; 2. night school students; and 3. minors working at night. Minors apprehended for violation of the curfew ordinance shall be required to undergo counseling, accompanied by their parents/guardians. (a) Does the curfew ordinance violate the primary right and duty of parents to rear their children? Explain. (2.5%)

The unabated rise of criminality and the reported identification of delinquent children loitering in the wee hours of the night prompted City Z to implement a curfew ordinance. Minors unaccompanied or unsupervised on the streets by their parents or guardians between 10:00 P.M. to 5:00 A.M. may be apprehended by law enforcers subject to certain exclusive exceptions. These exceptions are: 1. minors running lawful errands, such as buying of medicines, using of telecommunications facilities for emergency purposes and the like; 2. night school students; and 3. minors working at night. Minors apprehended for violation of the curfew ordinance shall be required to undergo counseling, accompanied by their parents/guardians. (b) Does the curfew ordinance infringe any of the minors’ fundamental rights? Explain. (2.5%)

An Information for Estafa was filed against the accused, Mr. D. During the course of the trial, Mr. D filed a motion to dismiss for failure to prosecute the case for a reasonable length of time. Opposing the motion, the prosecution argued that its failure to present its witnesses was due to circumstances beyond its control. Eventually, the trial court dismissed the case with finality on the ground that Mr. D’s right to speedy trial was violated. A month after, the same criminal case for Estafa was re-filed against Mr. D, prompting him to file a motion to dismiss invoking his right against double jeopardy. The prosecution opposed the motion, arguing that the first criminal case for Estafa was dismissed with the express consent of the accused as it was, in fact, upon his own motion. Moreover, it was already able to secure the commitments of its witnesses to appear; hence, it would be prejudicial for the State if the case were to be dismissed without trial. (b) Rule on Mr. D’s present motion. (3%)

In 2014, Congress enacted an appropriation law containing a provision that gives individual legislators the discretion to determine, postenactment, how much funds would go to a specific project or beneficiary which they themselves also determine. Consequently, disbursements were made in the interim pursuant thereto. Eventually, Mr. Z filed a petition questioning the constitutionality of the statutory provision on the ground that it violates the separation of powers principle. On the other hand, certain Congressmen argued that there was nothing wrong with the provision because, after all, the power to appropriate belongs to Congress. (a) Rule on the arguments of the parties. (2.5%)

Atty. G ran for Governor of the Province of Pampanga, while his close friend, Atty. M, ran for Mayor of the Municipality of Guagua, Pampanga. They both won convincingly. Eventually, the losing candidates timely filed election protests. The losing gubernatorial candidate, Mr. A, filed his protest before the Regional Trial Court of Pampanga (RTC), Whereas the losing mayoralty candidate, Mr. B, filed his protest before the Municipal Trial Court of Guagua, Pampanga (MTC). (c) Does the MTC have jurisdiction over the case filed by Mr. B? Explain. (2%)

A proposal to change a provision of the 1987 Constitution has been put forth as follows: Original Text: “The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.” Proposed Text: “The Philippines is a democratic and socialist State. Sovereignty resides in the party and all government authority emanates from it.” (b) Briefly explain the process to revise the 1987 Constitution. (2.5%)

Define the following terms: (a) Jus cogens (2%)

Define the following terms: (d) Precautionary principle (2%)

At about 5:30 A.M. of September 15, 2019, Police Senior Inspector Officer A of the Manila Police District Station received a text message from an unidentified civilian informer that one Mr. Z would be meeting up later that morning with two (2) potential sellers of drugs at a nearby restaurant. As such, Officer A decided to hang around the said place immediately. At about 9:15 A.M., two (2) male passengers, named X and Y, who were each carrying a travelling bag, alighted from a bus in front of the restaurant. A transport barker, serving as a lookout for Officer A, signaled to the latter that X and Y were “suspicious-looking.” As the two were about to enter the restaurant, Officer A stopped them and asked about the contents of their bags. Dissatisfied with their response that the bags contained only clothes, Officer A proceeded to search the bags and found packs of shabu therein. Thus, X and Y were arrested, and the drugs were seized from them. According to Officer A, a warrantless search was validly made pursuant to the stop and frisk rule; hence, the consequent seizure of the drugs was likewise valid. (b) Was the stop and frisk rule validly invoked by Officer A? If not, what is the effect on the drugs seized as evidence? Explain. (2.5%)

Mayor X and his City Administrator, Y, are political buddies who assumed their respective offices in 2010. Sometime in January 2012, Y proposed to Mayor X the entry into a P5,000,000.00 loan agreement with ABC Foundation, a nonstock and non-profit organization in which the two had a long-standing personal involvement. The loan agreement was duly executed in the same year but was never authorized and approved by the Sangguniang Panlungsod. It was further found that the same constituted a fraudulent scheme to defraud the City Government. Meanwhile, Mayor X won another term during the May 2013 Elections and Y continued on as his City Administrator. A year after, or in May 2014, administrative charges for grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of the service were filed against them before the Office of the Ombudsman. In defense, Mayor X argued that his subsequent re-election in May 2013 absolved him from any administrative liability for any alleged anomalous activity during his first term in office. Y raised the same defense of condonation, having been retained by Mayor X as City Administrator for a second term. On December 10, 2015, the Ombudsman rendered its ruling in the case, finding both Mayor X and Y administratively liable. Citing the Supreme Court’s Decision in Carpio-Morales v. Court of Appeals (G.R. Nos. 217126-27), which was initially promulgated on November 10, 2015, the Ombudsman rejected their defense of condonation. With the motions for reconsideration of Mayor X and Y having been denied by the Ombudsman on March 10, 2016, they elevated the matter to the Court of Appeals. (b) How about Y? Can he validly invoke the condonation doctrine to absolve him of the charge? Explain. (3%)

W, the incumbent Congressman of the Province of Albay, decided to run for Governor. He filed his certificate of candidacy (CoC) for Governor without resigning from his post and continued exercising his duties as Congressman, such as attending plenary sessions and committee hearings in the House of Representatives. One of W’s fiercest critics, X, claimed that W should not be dispensing the functions of a Congressman since he is deemed ipso facto resigned as such upon his filing of a CoC for Governor of Albay. (a) Is X’s argument correct? Explain. (2.5%)

Atty. G ran for Governor of the Province of Pampanga, while his close friend, Atty. M, ran for Mayor of the Municipality of Guagua, Pampanga. They both won convincingly. Eventually, the losing candidates timely filed election protests. The losing gubernatorial candidate, Mr. A, filed his protest before the Regional Trial Court of Pampanga (RTC), Whereas the losing mayoralty candidate, Mr. B, filed his protest before the Municipal Trial Court of Guagua, Pampanga (MTC). (b) Does the RTC have jurisdiction over the case filed by Mr. A? Explain. (2%)

W, the incumbent Congressman of the Province of Albay, decided to run for Governor. He filed his certificate of candidacy (CoC) for Governor without resigning from his post and continued exercising his duties as Congressman, such as attending plenary sessions and committee hearings in the House of Representatives. One of W’s fiercest critics, X, claimed that W should not be dispensing the functions of a Congressman since he is deemed ipso facto resigned as such upon his filing of a CoC for Governor of Albay. (b) Assuming that W is instead, an incumbent Undersecretary of the Department of National Defense, what is the effect of the filing of his CoC for the position of Governor of Albay to said post? Explain. (2.5%)

Who are the impeachable officers under the 1987 Constitution? Briefly explain the process of impeaching them thereunder. (5%)

Candidate X, a naturalized Filipino citizen, ran for Congressman for the Lone District of Batanes. After a close electoral contest, he won by a slim margin of 500 votes. His sole opponent, Y, filed an election protest before the Commission on Elections (COMELEC), claiming that X should be disqualified to run for said position because he is not a natural-born citizen. While the case was pending, X was proclaimed by the Provincial Election Supervisor of Batanes as the duly elected Congressman of the province. (c) Did X’s proclamation divest the COMELEC of its jurisdiction to decide the case and vest the House of Representatives Electoral Tribunal (HRET) jurisdiction to hear the case? Explain. (2%)

A proposal to change a provision of the 1987 Constitution has been put forth as follows: Original Text: “The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.” Proposed Text: “The Philippines is a democratic and socialist State. Sovereignty resides in the party and all government authority emanates from it.” (a) Is this an amendment or a revision? Explain. (2.5%)

R was elected as Municipal Councilor for three (3) consecutive terms. Before the end of the third term, Vice Mayor S died, rendering his post vacant. Since R was the highest-ranking Municipal Councilor, he assumed the office of the Vice Mayor. One of his constituents, T, assailed R’s assumption of office, arguing that elections should have been conducted to fill in the vacancy following the death of Vice Mayor S. (a) Is T’s contention correct? Explain. (2.5%)

R was elected as Municipal Councilor for three (3) consecutive terms. Before the end of the third term, Vice Mayor S died, rendering his post vacant. Since R was the highest-ranking Municipal Councilor, he assumed the office of the Vice Mayor. One of his constituents, T, assailed R’s assumption of office, arguing that elections should have been conducted to fill in the vacancy following the death of Vice Mayor S. (b) Assuming that R validly assumed S’s post, at the end of R’s term as Vice Mayor, may he run, once more, for the position of Municipal Councilor? Or is he proscribed to do so under the Local Government Code? Explain. (2.5%)

Under the 1987 Constitution, to whom does each duty/power/privilege/prohibition/disqualification apply: (c) The authority to provide for the standardization of compensation of government officials and employees. (1%)

In 2014, Congress enacted an appropriation law containing a provision that gives individual legislators the discretion to determine, postenactment, how much funds would go to a specific project or beneficiary which they themselves also determine. Consequently, disbursements were made in the interim pursuant thereto. Eventually, Mr. Z filed a petition questioning the constitutionality of the statutory provision on the ground that it violates the separation of powers principle. On the other hand, certain Congressmen argued that there was nothing wrong with the provision because, after all, the power to appropriate belongs to Congress. (b) Assuming that the provision is declared unconstitutional, should the disbursements made pursuant thereto be returned, in light of the doctrine of operative fact? Explain. (2.5%)

A was appointed by the President as a Commissioner of the Commission on Elections (COMELEC) while Congress was not in session. Pending confirmation of his appointment by the Commission on Appointments, A started to perform his official functions in the COMELEC, such as attending en banc sessions, hearing election protests, signing Resolutions, issuing Orders, and appearing before Congress during budget hearings. Atty. B questioned before the Supreme Court the exercise of official functions by A, stating that his ad interim appointment is not a permanent appointment but a temporary one pending confirmation by the Commission on Appointments, and thus prohibited under Article IX-C of the 1987 Constitution which states that “[i]n no case shall any Member [of the COMELEC] be appointed or designated in a temporary or acting capacity.” (b) If the Commission on Appointments by-passed the confirmation of A, can he still be reappointed by the President? Explain. (2.5%)

H, a naturalized American citizen who later became a dual citizen under Republic Act No. 9225 (the Citizenship Retention and Reacquisition Act), decided to run for Congress and thus filed a certificate of candidacy (CoC). A citizen argued that H is ineligible for the position because of his status as a dual citizen. H responded that his act of filing a CoC amounted to his renunciation of foreign citizenship, rendering him eligible for the position. (a) Was H’s filing of a CoC sufficient to renounce foreign citizenship? Explain. (2.5%)

An Information for Estafa was filed against the accused, Mr. D. During the course of the trial, Mr. D filed a motion to dismiss for failure to prosecute the case for a reasonable length of time. Opposing the motion, the prosecution argued that its failure to present its witnesses was due to circumstances beyond its control. Eventually, the trial court dismissed the case with finality on the ground that Mr. D’s right to speedy trial was violated. A month after, the same criminal case for Estafa was re-filed against Mr. D, prompting him to file a motion to dismiss invoking his right against double jeopardy. The prosecution opposed the motion, arguing that the first criminal case for Estafa was dismissed with the express consent of the accused as it was, in fact, upon his own motion. Moreover, it was already able to secure the commitments of its witnesses to appear; hence, it would be prejudicial for the State if the case were to be dismissed without trial. (a) For double jeopardy to attach, what requisites must exist? (2%)

Define the following terms: (c) Act of State doctrine (2%)

Mayor X and his City Administrator, Y, are political buddies who assumed their respective offices in 2010. Sometime in January 2012, Y proposed to Mayor X the entry into a P5,000,000.00 loan agreement with ABC Foundation, a nonstock and non-profit organization in which the two had a long-standing personal involvement. The loan agreement was duly executed in the same year but was never authorized and approved by the Sangguniang Panlungsod. It was further found that the same constituted a fraudulent scheme to defraud the City Government. Meanwhile, Mayor X won another term during the May 2013 Elections and Y continued on as his City Administrator. A year after, or in May 2014, administrative charges for grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of the service were filed against them before the Office of the Ombudsman. In defense, Mayor X argued that his subsequent re-election in May 2013 absolved him from any administrative liability for any alleged anomalous activity during his first term in office. Y raised the same defense of condonation, having been retained by Mayor X as City Administrator for a second term. On December 10, 2015, the Ombudsman rendered its ruling in the case, finding both Mayor X and Y administratively liable. Citing the Supreme Court’s Decision in Carpio-Morales v. Court of Appeals (G.R. Nos. 217126-27), which was initially promulgated on November 10, 2015, the Ombudsman rejected their defense of condonation. With the motions for reconsideration of Mayor X and Y having been denied by the Ombudsman on March 10, 2016, they elevated the matter to the Court of Appeals. (a) Did the Ombudsman err in not giving credence to the defense of condonation as raised by Mayor X? Explain. (2%)

A was appointed by the President as a Commissioner of the Commission on Elections (COMELEC) while Congress was not in session. Pending confirmation of his appointment by the Commission on Appointments, A started to perform his official functions in the COMELEC, such as attending en banc sessions, hearing election protests, signing Resolutions, issuing Orders, and appearing before Congress during budget hearings. Atty. B questioned before the Supreme Court the exercise of official functions by A, stating that his ad interim appointment is not a permanent appointment but a temporary one pending confirmation by the Commission on Appointments, and thus prohibited under Article IX-C of the 1987 Constitution which states that “[i]n no case shall any Member [of the COMELEC] be appointed or designated in a temporary or acting capacity.” (a) Is Atty. B’s contention correct? Explain. (2.5%)

At about 5:30 A.M. of September 15, 2019, Police Senior Inspector Officer A of the Manila Police District Station received a text message from an unidentified civilian informer that one Mr. Z would be meeting up later that morning with two (2) potential sellers of drugs at a nearby restaurant. As such, Officer A decided to hang around the said place immediately. At about 9:15 A.M., two (2) male passengers, named X and Y, who were each carrying a travelling bag, alighted from a bus in front of the restaurant. A transport barker, serving as a lookout for Officer A, signaled to the latter that X and Y were “suspicious-looking.” As the two were about to enter the restaurant, Officer A stopped them and asked about the contents of their bags. Dissatisfied with their response that the bags contained only clothes, Officer A proceeded to search the bags and found packs of shabu therein. Thus, X and Y were arrested, and the drugs were seized from them. According to Officer A, a warrantless search was validly made pursuant to the stop and frisk rule; hence, the consequent seizure of the drugs was likewise valid. (a) What is the stop and frisk rule? (2.5%)

Under the 1987 Constitution, to whom does each duty/power/privilege/prohibition/disqualification apply: (b) The power to allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons. (1%)

Atty. G ran for Governor of the Province of Pampanga, while his close friend, Atty. M, ran for Mayor of the Municipality of Guagua, Pampanga. They both won convincingly. Eventually, the losing candidates timely filed election protests. The losing gubernatorial candidate, Mr. A, filed his protest before the Regional Trial Court of Pampanga (RTC), Whereas the losing mayoralty candidate, Mr. B, filed his protest before the Municipal Trial Court of Guagua, Pampanga (MTC). (a) What are the term limits for the positions of Atty. G and Atty. M? (1%)

Under the United Nations Convention on the Law of the Sea (UNCLOS), what are the rights of the Philippines within the following areas: (b) Exclusive economic zone (2%)

H, a naturalized American citizen who later became a dual citizen under Republic Act No. 9225 (the Citizenship Retention and Reacquisition Act), decided to run for Congress and thus filed a certificate of candidacy (CoC). A citizen argued that H is ineligible for the position because of his status as a dual citizen. H responded that his act of filing a CoC amounted to his renunciation of foreign citizenship, rendering him eligible for the position. (b) Assuming that H is a dual citizen because his parents are Filipino citizens and he was born in California, USA, was the his filing of a CoC sufficient to renounce his foreign citizenship? Explain. (2.5%)

Candidate X, a naturalized Filipino citizen, ran for Congressman for the Lone District of Batanes. After a close electoral contest, he won by a slim margin of 500 votes. His sole opponent, Y, filed an election protest before the Commission on Elections (COMELEC), claiming that X should be disqualified to run for said position because he is not a natural-born citizen. While the case was pending, X was proclaimed by the Provincial Election Supervisor of Batanes as the duly elected Congressman of the province. (b) Is X qualified to run for Congress? Explain. (1%)

Candidate X, a naturalized Filipino citizen, ran for Congressman for the Lone District of Batanes. After a close electoral contest, he won by a slim margin of 500 votes. His sole opponent, Y, filed an election protest before the Commission on Elections (COMELEC), claiming that X should be disqualified to run for said position because he is not a natural-born citizen. While the case was pending, X was proclaimed by the Provincial Election Supervisor of Batanes as the duly elected Congressman of the province. (a) Distinguish between natural-born and naturalized citizens under the 1987 Constitution. (2%)

Under the 1987 Constitution, to whom does each duty/power/privilege/prohibition/disqualification apply: (d) The sole power to declare the existence of a state of war. (1%)

Under the 1987 Constitution, to whom does each duty/power/privilege/prohibition/disqualification apply: (a) The authority to keep the general accounts of the Government and for such period provided by law, preserve the vouchers and other supporting documents pertaining thereto. (1%)

A committee of the Senate invited Mr. X and Mr. Y, the Secretary of Foreign Affairs and Secretary of Energy, respectively, as resource speakers for an inquiry in aid of legislation. Mr. X refused to attend, arguing that the Senate, not its committee, has the power to compel attendance. Meanwhile, Mr. Y attended the committee hearing but upon being asked about discussions made during a closed-door cabinet meeting, he refused to answer invoking executive privilege. The committee members insisted that Mr. Y answer the question pursuant to the right of Congress to information from the executive branch. (a) Based on his argument, is Mr. X’s non-appearance permissible? Explain. (2.5%)

Under the 1987 Constitution, to whom does each duty/power/privilege/prohibition/disqualification apply: (e) The power to ratify treaties and international agreements. (1%)

Define the following terms: (b) Principle of double criminality (2%)

President Alfredo died during his third year in office. In accordance with the Constitution, Vice President Anastasia succeeded him. President Anastasia then nominated the late President Alfredo’s Executive Secretary, Anna Maria, as her replacement as Vice President. The nomination was confirmed by a majority of all the Members of the House of Representatives and the Senate, voting separately. (a) Is Anna Maria’s assumption as Vice President valid? (2.5%)

Section 9 of P.D. No. 1606, as amended, provides that the Sandiganbayan may adopt internal rules governing the allotment of cases among its divisions, the rotation of justices among them, and other matters relating to the internal operations of the court. Section 6 of Article IX-A of the Constitution allows each of the Constitutional Commissions “en banc [to] promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules however shall not diminish, increase, or modify substantive rights.” Section 16(3) of Article VI of the Constitution states that “Each House may determine the rules of its proceedings.” Section 21, Article VI of the Constitution further provides that “The Senate or the House of Representatives or any of its respective committees may conduct inquiries... in accordance with its duly published rules of procedure.” Finally, Section 3(8) of Article XI of the Constitution declares that “The Congress shall promulgate its rules on impeachment to effectively carry out the purposes of this section.” Are the rules promulgated pursuant to these provisions subject to review and disapproval by the Supreme Court? (5%)

The 2016 mayoralty race in the City of Ardania included Arnaldo and Anacleto as contenders. Arnaldo filed a petition with the Comelec to cancel Anacleto’s Certificate of Candidacy (CoC) for misrepresenting himself as a Filipino citizen. Arnaldo presented as evidence a copy of Anacleto’s Spanish passport and a certification from the Bureau of Immigration (Bl) showing that Anacleto used the same passport several times to travel to and from Manila and Madrid or Barcelona. In his Comment, Anacleto claimed that, a year prior to filing his CoC, he had complied with all the requirements of R.A. No. 9225 (Citizenship Retention and Re-acquisition Act of 2003) to reacquire his Philippine citizenship by taking an oath of allegiance and executing a sworn renunciation of his Spanish citizenship. He defended the use of his Spanish passport subsequent to taking his oath of allegiance to the Philippines as a practical necessity since he had yet to obtain his Philippine passport despite reacquiring his Philippine citizenship. Even after he secured his Philippine passport, he said he had to wait for the issuance of a Schengen visa to allow him to travel to Spain to visit his wife and minor children. (a) Based on the allegations of the parties, is there sufficient ground to cancel Anacleto’s CoC? (2.5%)

Under Section 6 of Article V (on Criminal Jurisdiction) of the Visiting Forces Agreement (VFA), the custody of a United States (US) personnel who becomes subject to criminal prosecution before a Philippine court shall be with the US military authorities, if the latter so requests. The custody shall begin from the commission of the offense until the completion of all judicial proceedings. However, when requested, the US military authorities shall make the US personnel available to Philippine authorities for any investigative or judicial proceeding relating to the offense with which the person has been charged. In the event that the Philippine judicial proceedings are not completed within one year, the US shall be relieved of any obligation under Section 6. The constitutionality of Section 6, Article V of the VFA is challenged on two grounds: (1) it nullifies the exclusive power of the Supreme Court to adopt rules of procedure for all courts in the Philippines; and (2) it violates the equal protection clause to the extent that it allows the transfer of the custody of an accused to a foreign power as providing a different rule of procedure for that accused. Rule on the challenge. (5%)

Congress enacted a law to provide Filipinos, especially the poor and the marginalized, access and information to a full range of modern family planning methods, including contraceptives, intrauterine devices, injectibles, non-abortifacient hormonal contraceptives, and family planning products and supplies, but expressly prohibited abortion. To ensure its objectives, the law made it mandatory for health providers to provide information on the full range of modern family planning methods, supplies and services, for schools to provide reproductive health education, for non-governmental medical practitioners to render mandatory 48 hours pro bono reproductive health services as a condition to Philhealth accreditation, and for couples desiring to marry to attend a family planning seminar prior to the issuance of a marriage license. It also punishes certain acts of refusals to carry out its mandates. The spouses Aguiluz, both Roman Catholics, filed a petition to declare the law as unconstitutional based on, among others, the following grounds: (b) It violates the constitutional prohibition against involuntary servitude because it requires medical practitioners to render 48 hours of pro bono reproductive health services which may be against their will. Rule on each of the above objections. (2.5% each)

The 2016 mayoralty race in the City of Ardania included Arnaldo and Anacleto as contenders. Arnaldo filed a petition with the Comelec to cancel Anacleto’s Certificate of Candidacy (CoC) for misrepresenting himself as a Filipino citizen. Arnaldo presented as evidence a copy of Anacleto’s Spanish passport and a certification from the Bureau of Immigration (Bl) showing that Anacleto used the same passport several times to travel to and from Manila and Madrid or Barcelona. In his Comment, Anacleto claimed that, a year prior to filing his CoC, he had complied with all the requirements of R.A. No. 9225 (Citizenship Retention and Re-acquisition Act of 2003) to reacquire his Philippine citizenship by taking an oath of allegiance and executing a sworn renunciation of his Spanish citizenship. He defended the use of his Spanish passport subsequent to taking his oath of allegiance to the Philippines as a practical necessity since he had yet to obtain his Philippine passport despite reacquiring his Philippine citizenship. Even after he secured his Philippine passport, he said he had to wait for the issuance of a Schengen visa to allow him to travel to Spain to visit his wife and minor children. (b) In case Anacleto’s CoC is properly cancelled, who should serve as mayor of Ardania City: Arnaldo, who obtained the second highest number votes, or Andrea, the duly-elected Vice Mayor of the City? (2.5%)

Amoroso was charged with treason before a military court martial. He was acquitted. He was later charged with the same offense before a Regional Trial Court. He asks that the information be quashed on the ground of double jeopardy. The prosecution objects, contending that for purposes of double jeopardy, the military court martial cannot be considered as a “competent court.” Should the Regional Trial Court grant Amoroso’s motion to quash on the ground of double jeopardy? (2.5%)

Two petitions for the cancellation of Certificate of Candidacy (CoC)/Denial of Due Course were filed with the Comelec against two candidates running as municipal mayors of different towns. The first petition was against Anselmo. Years ago, Anselmo was charged and convicted of the crime of rape by final judgment, and was sentenced to suffer the principal penalty of reclusion perpetua which carried the accessory penalty of perpetual absolute disqualification. While Anselmo was in prison, the President commuted his sentence and he was discharged from prison. The second petition was against Ambrosio. Ambrosio’s residency was questioned because he was allegedly a “green card holder,” i.e., a permanent resident of the US, as evidenced by a certification to this effect from the US Embassy. Acting on the recommendations of its Law Department, the Comelec en banc motu proprio issued two resolutions granting the petitions against Anselmo and Ambrosio. Both Anselmo and Ambrosio filed separate petitions with the Supreme Court assailing the resolutions cancelling their respective CoCs. Both claimed that the Comelec en banc acted with grave abuse of discretion amounting to lack or excess ofjurisdiction because the petitions should have first been heard and resolved by one of the Comelec’s Divisions. Are Anselmo and Ambrosio correct? (5%)

Ascertain the constitutionality of the following acts: (2.5% each) (c) A law prohibiting any appeal from the decision or final order of the Ombudsman in an administrative proceeding, except through a petition for review on certiorari filed before the Supreme Court.

What and whose vote is required for the following acts: (2% each) (c) the amendment of a constitutional provision through a constituent assembly;

State whether or not the following acts are constitutional: (2% each) (c) The designation by the President of an acting Associate Commissioner of the Civil Service Commission;

Two police teams monitored the payment of ransom in a kidnapping case. The bag containing the ransom money was placed inside an unlocked trunk of a car which was parked at the Angola Commercial Center in Mandaluyong City. The first police team, stationed in an area near where the car was parked, witnessed the retrieval by the kidnappers of the bag from the unlocked trunk. The kidnappers thereafter boarded their car and proceeded toward the direction of Amorsolo St. in Makati City where the second police team was waiting. Upon confirmation by radio report from the first police team that the kidnappers were heading towards their direction, the second police team proceeded to conduct surveillance on the car of the kidnappers, eventually saw it enter Ayala Commercial Center in Makati City, and the police team finally blocked it when it slowed down. The members of the second police team approached the vehicle and proceeded to arrest the kidnappers. Is the warrantless arrest of the kidnappers by the second police team lawful? (5%)

What and whose vote is required for the following acts: (2% each) (d) the resolution of a tie in a presidential election; and

The police served a warrant of arrest on Ariston who was suspected of raping and killing a female high school student. While on the way to the police station, one of the police officers who served the warrant asked Ariston in the local dialect if he really raped and killed the student, and Ariston nodded and said, “Opo.” Upon arriving at the police station, Ariston saw the City Mayor, whom he approached and asked if they could talk privately. The Mayor led Ariston to his office and, while there in conversation with the Mayor, Ariston broke down and admitted that he raped and killed the student. The Mayor thereafter opened the door of the room to let the public and media representatives witness Ariston’s confession. In the presence of the Mayor, the police and the media, and in response to questions asked by some members of the media, Ariston sorrowfully confessed his guilt and sought forgiveness for his actions. Which of these extrajudicial confessions, if any, would you consider as admissible in evidence against Ariston? (5%)

Agnes was allegedly picked up by a group of military men headed by Gen. Altamirano, and was brought to several military camps where she was interrogated, beaten, mauled, tortured, and threatened with death if she would not confess her membership in the New People’s Army (NPA) and point to the location of NPA camps. She suffered for several days until she was released after she signed a document saying that she was a surenderee, and was not abducted or harmed by the military. After she was released, and alleging that her rights to life, liberty and security had been violated and continued to be threatened by violation of such rights, she filed with the Supreme Court (the Court) a Petition for the Writs of Amparo and Habeas Data with prayers for Temporary Protection Orders, Inspection of Place, and Production of Documents and Personal Properties. The case was filed against President Amoyo (who was the President of the Philippines when the abduction, beating, mauling and life threats were committed), General Altamirano, and several military men whom Agnes was able to recognize during her ordeal. The Court, after finding the petition to be in order, issued the writ of amparo and the writ of habeas data and directed the respondents to file a verified return on the writs, and directed the Court of Appeals (CA) to hear the petition. The respondents duly filed their return on the writs and produced the documents in their possession. After hearing, the CA ruled that there was no more need to issue the temporary protection orders since the writ of amparo had already been issued, and dismissed the petition against President Amoyo on the ground that he was immune from suit during his incumbency as President. Agnes appealed the CA ruling to the Court. The appeal was lodged after President Amoyo’s term had ended. (b) Will the President’s immunity from suit continue even after his term has ended, considering that the events covered by the Petition took place during his term? (2.5%)

What and whose vote is required for the following acts: (2% each) (e) the extension of the period for the suspension of the privilege of the writ of habeas corpus?

Agnes was allegedly picked up by a group of military men headed by Gen. Altamirano, and was brought to several military camps where she was interrogated, beaten, mauled, tortured, and threatened with death if she would not confess her membership in the New People’s Army (NPA) and point to the location of NPA camps. She suffered for several days until she was released after she signed a document saying that she was a surenderee, and was not abducted or harmed by the military. After she was released, and alleging that her rights to life, liberty and security had been violated and continued to be threatened by violation of such rights, she filed with the Supreme Court (the Court) a Petition for the Writs of Amparo and Habeas Data with prayers for Temporary Protection Orders, Inspection of Place, and Production of Documents and Personal Properties. The case was filed against President Amoyo (who was the President of the Philippines when the abduction, beating, mauling and life threats were committed), General Altamirano, and several military men whom Agnes was able to recognize during her ordeal. The Court, after finding the petition to be in order, issued the writ of amparo and the writ of habeas data and directed the respondents to file a verified return on the writs, and directed the Court of Appeals (CA) to hear the petition. The respondents duly filed their return on the writs and produced the documents in their possession. After hearing, the CA ruled that there was no more need to issue the temporary protection orders since the writ of amparo had already been issued, and dismissed the petition against President Amoyo on the ground that he was immune from suit during his incumbency as President. Agnes appealed the CA ruling to the Court. The appeal was lodged after President Amoyo’s term had ended. (a) Was the CA correct in saying that the writ of amparo rendered unnecessary the issuance of the temporary protection order? (2.5%)

Five foreign nationals arrived at the NAIA from Hong Kong. After retrieving their checked-in luggage, they placed all their bags in one pushcart and proceeded to Express Lane 5. They were instructed to place their luggage on the examiner’s table for inspection. The examiner found brown-colored boxes, similar in size to powdered milk boxes, underneath the clothes inside the foreigners’ bags. The examiner discovered white crystalline substances inside the boxes that he inspected and proceeded to bundle all of the boxes by putting masking tape around them. He thereafter handed the boxes over to Bureau of Customs agents. The agents called out the names of the foreigners one by one and ordered them to sign their names on the masking tape placed on the boxes recovered from their respective bags. The contents of the boxes were thereafter subjected to tests which confirmed that the substance was shabu. Can the shabu found inside the boxes be admitted in evidence against the five foreigners for the charge of illegal possession of drugs in violation of the Comprehensive Dangerous Drugs Act of 2002? (2.5%)

Annika sued the Republic of the Philippines, represented by the Director of the Bureau of Plant Industry, and asked for the revocation of a deed of donation executed by her in favor of said Bureau. She alleged that, contrary to the terms of the donation, the donee failed to install lighting facilities and a water system on the property donated, and to build an office building and parking lot thereon, which should have been constructed and made ready for occupancy on or before the date fixed in the deed of donation. The Republic invoked state immunity and moved for the dismissal of the case on the ground that it had not consented to be sued. Should the Republic’s motion be granted? (2.5%)

State whether or not the following acts are constitutional: (2% each) (a) A law prescribing as qualifications for appointment to any court lower than the Supreme Court, Philippine citizenship, whether natural-born or naturalized, 35 years of age on the date of appointment, and at least eight years as a member of the Philippine Bar;

The Province of Amaya is one of the smallest provinces in the Philippines with only one legislative district composed of four municipalities: Uno, Dos, Tres, and Cuatro. Andres, a resident and registered voter of Cuatro municipality, ran and was elected as member of the Sangguniang Panlalawigan (SP) of Amaya in the 2010 and 2013 local elections. While Andres was serving his second term as SP member, a law was enacted re-apportioning the four towns of Amaya into two legislative districts: Uno and Dos comprising the First District, and Tres and Cuatro comprising the Second District. In the 2016 local elections, Andres ran and was elected as member of the SP of Amaya representing the Second District. Andres seeks your legal advice regarding his intention to run as a member of the SP of Amaya for the Second District in the next local elections in 2019. What will you advise Andres? (2.5%)

What and whose vote is required for the following acts: (2% each) (b) a declaration of the existence of a state of war;

In 1990, Agripina migrated to Canada and acquired Canadian citizenship. In 2008, Agripina retired and returned to the Philippines to permanently reside in her hometown of Angeles, Pampanga. A month after returning to the Philippines, Agripina took her oath of allegiance and executed a sworn renunciation of her Canadian citizenship in accordance with R.A. No. 9225. In 2009, Agripina filed her certificate of candidacy for Congress for the 2010 elections. Agripina’s political rivals lost no time in causing the filing of various actions to question her candidacy. They questioned her eligibility to run as member of Congress. Since Agripina had to take an oath under R.A. No. 9225, it meant that she needed to perform an act to perfect her Philippine citizenship. Hence, they claimed that Agripina could not be considered a natural-born citizen. Agripina raised the defense that, having complied with the requirements of R.A. No. 9225, she had reacquired, and was deemed never to have lost, her Philippine citizenship. Is Agripina disqualified to run for Congress for failing to meet the citizenship requirement? (2.5%)

Congress enacted a law to provide Filipinos, especially the poor and the marginalized, access and information to a full range of modern family planning methods, including contraceptives, intrauterine devices, injectibles, non-abortifacient hormonal contraceptives, and family planning products and supplies, but expressly prohibited abortion. To ensure its objectives, the law made it mandatory for health providers to provide information on the full range of modern family planning methods, supplies and services, for schools to provide reproductive health education, for non-governmental medical practitioners to render mandatory 48 hours pro bono reproductive health services as a condition to Philhealth accreditation, and for couples desiring to marry to attend a family planning seminar prior to the issuance of a marriage license. It also punishes certain acts of refusals to carry out its mandates. The spouses Aguiluz, both Roman Catholics, filed a petition to declare the law as unconstitutional based on, among others, the following grounds: (c) It violates the Freedom of Religion, since petitioners’ religious beliefs prevent them from using contraceptives, and that any State-sponsored procurement of contraceptives, funded by taxes, violates the guarantee of religious freedom. Rule on each of the above objections. (2.5% each)

Andreas and Aristotle are foreign nationals working with the Asian Development Bank (ADB) in its headquarters in Manila. Both were charged with criminal acts before the local trial courts. Andreas was caught importing illegal drugs into the country as part of his “personal effects” and was thus charged with violation of Comprehensive Dangerous Drugs Act of 2002. Before the criminal proceedings could commence, the President had him deported as an undesirable alien. Aristotle was charged with grave oral defamation for uttering defamatory words against a colleague at work. In his defense, Aristotle claimed diplomatic immunity. He presented as proof a communication from the Department of Foreign Affairs stating that, pursuant to the Agreement between the Philippine Government and the ADB, the bank’s officers and staff are immune from legal processes with respect to acts performed by them in their official capacity. (b) Is Aristotle’s claim of diplomatic immunity proper? (2.5%)

PO1 Adrian Andal is known to have taken bribes from apprehended motorists who have violated traffic rules. The National Bureau of Investigation conducted an entrapment operation where P01 Adrian was caught red-handed demanding and taking PhP500.00 from a motorist who supposedly beat a red light. After he was apprehended, PO1 Adrian was required to submit a sample of his urine. The drug test showed that he was positive for dangerous drugs. Hence, PO1 Adrian was charged with violation of Section 15, Article II of R.A. No. 9165 or the Comprehensive Dangerous Drugs Act of 2002. PO1 Adrian argues against the admissibility of the urine test results and seeks its exclusion. He claims that the mandatory drug test under R.A. No. 9165 is a violation of the accused’s right to privacy and right against self-incrimination. Are PO1 Adrian’s contentions correct? (2.5%)

Ascertain the constitutionality of the following acts: (2.5% each) (b) A law prohibiting any court, other than the Supreme Court, from issuing a writ of injunction against an investigation being conducted by the Ombudsman.

President Alfredo died during his third year in office. In accordance with the Constitution, Vice President Anastasia succeeded him. President Anastasia then nominated the late President Alfredo’s Executive Secretary, Anna Maria, as her replacement as Vice President. The nomination was confirmed by a majority of all the Members of the House of Representatives and the Senate, voting separately. (b) Can Anastasia run as President in the next election? (2.5%)

What and whose vote is required for the following acts: (2% each) (a) the repeal of a tax exemption law;

State whether or not the following acts are constitutional: (2% each) (d) The appointment by the President as Deputy Ombudsman of a lawyer who has been engaged in the practice of law for five years; and

State whether or not the following acts are constitutional: (2% each) (e) The nomination by a national partylist of a person who is not one of its bona fide members.

Ascertain the constitutionality of the following acts: (2.5% each) (a) An investigation conducted by the Ombudsman against a Commissioner of the Commission on Audit for serious misconduct.

Congress enacted a law to provide Filipinos, especially the poor and the marginalized, access and information to a full range of modern family planning methods, including contraceptives, intrauterine devices, injectibles, non-abortifacient hormonal contraceptives, and family planning products and supplies, but expressly prohibited abortion. To ensure its objectives, the law made it mandatory for health providers to provide information on the full range of modern family planning methods, supplies and services, for schools to provide reproductive health education, for non-governmental medical practitioners to render mandatory 48 hours pro bono reproductive health services as a condition to Philhealth accreditation, and for couples desiring to marry to attend a family planning seminar prior to the issuance of a marriage license. It also punishes certain acts of refusals to carry out its mandates. The spouses Aguiluz, both Roman Catholics, filed a petition to declare the law as unconstitutional based on, among others, the following grounds: (a) It violates the right to life, since it practically sanctions abortion. Despite express terms prohibiting abortion, petitioners claim that the family planning products and supplies oppose the initiation of life, which is a fundamental human right, and the sanction of contraceptive use contravenes natural law and is an affront to the dignity of man. Rule on each of the above objections. (2.5% each)

Ang Araw, a multi-sectoral party-list organization duly registered as such with the Commission on Elections (Comelec), was proclaimed as one of the winning party-list groups in the last national elections. Its first nominee, Alejandro, assumed office as the party-list representative. About one year after Alejandro assumed office, the Interim Central Committee of Ang Araw expelled Alejandro from the party for disloyalty and replaced him with Andoy, its second nominee. Alejandro questioned before the Comelec his expulsion and replacement by Andoy. The Comelec considered Alejandro’s petition as an intra-party dispute which it could resolve as an incident of its power to register political parties; it proceeded to uphold the expulsion. Is the Comelec’s ruling correct? (5%)

State whether or not the following acts are constitutional: (2% each) (b) A law requiring all candidates for national or local elective offices to be college degree holders;

Andreas and Aristotle are foreign nationals working with the Asian Development Bank (ADB) in its headquarters in Manila. Both were charged with criminal acts before the local trial courts. Andreas was caught importing illegal drugs into the country as part of his “personal effects” and was thus charged with violation of Comprehensive Dangerous Drugs Act of 2002. Before the criminal proceedings could commence, the President had him deported as an undesirable alien. Aristotle was charged with grave oral defamation for uttering defamatory words against a colleague at work. In his defense, Aristotle claimed diplomatic immunity. He presented as proof a communication from the Department of Foreign Affairs stating that, pursuant to the Agreement between the Philippine Government and the ADB, the bank’s officers and staff are immune from legal processes with respect to acts performed by them in their official capacity. (a) Can the President’s act of deporting an undesirable alien be subject to judicial review? (2.5%)

Do government-owned or -controlled corporations also enjoy the immunity of the State from suit? Explain your answer. (3%)

The President signs an agreement with his counterpart in another country involving reciprocity in the treatment of each country’s nationals residing in the other’s territory. However, he does not submit the agreement to the Senate for concurrence. Sec. 21, Art. VII of the Constitution provides that no treaty or international agreement shall be valid and effective without such concurrence. Is the agreement signed by the President effective despite the lack of Senate concurrence? Explain your answer. (4%)

Sec. 26(2), Art. VI of the Constitution provides that no bill passed by either House of Congress shall become a law unless it has passed three readings on separate days and printed copies of it in its final form have been distributed to the Members of the House three days before its passage. Is there an exception to the provision? Explain your answer. (3%)

The Executive Department has accumulated substantial savings from its appropriations. Needing P3,000,000.00 for the conduct of a plebiscite for the creation of a new city but has no funds appropriated soon by the Congress for the purpose, the COMELEC requests the President to transfer funds from the savings of the Executive Department in order to avoid a delay in the holding of the plebiscite. May the President validly exercise his power under the 1987 Constitution to transfer funds from the savings of the Executive Department, and make a cross-border transfer of P3,000,000.00 to the COMELEC by way of augmentation? Is your answer the same if the transfer is treated as aid to the COMELEC? Explain your answer. (4%)

Give the limitations on the power of the Congress to enact the General Appropriations Act? Explain your answer. (5%)

Sec. 17, Art. VI of the Constitution establishes an Electoral Tribunal for each of the Houses of Congress, and makes each Electoral Tribunal “the sole judge of all contests relating to the election, returns, and qualifications of their respective Members.” On the other hand, Sec. 2(1), C (Commission on Elections), Art. IX of the Constitution grants to the COMELEC the power to enforce and administer all laws and regulations “relative to the conduct of an election, plebiscite, initiative, referendum, and recall.” Considering that there is no concurrence of jurisdiction between the Electoral Tribunals and the COMELEC, state when the jurisdiction of the Electoral Tribunals begins, and the COMELEC’s jurisdiction ends. Explain your answer. (4%)

Command responsibility pertains to the responsibility of commanders for crimes committed by subordinate members of the armed forces or other persons subject to their control in international wars or domestic conflicts. The doctrine has now found application in civil actions for human rights abuses, and in proceedings seeking the privilege of the writ of amparo. (b) May the doctrine of command responsibility apply to the President for the abuses of the armed forces (AFP and PNP) given his unique role as the commander-inchief of all the armed forces? Explain your answer. (4%)

According to Sec. 3, Art. VIII of the Constitution, the Judiciary shall enjoy fiscal autonomy. What does the term fiscal autonomy signify? Explain your answer. (3%)

State A and State B, two sovereign states, enter into a 10-year mutual defense treaty. After five years, State A finds that the more progressive State B did not go to the aid of State A when it was threatened by its strong neighbor State C. State B reasoned that it had to be prudent and deliberate in reacting to State C because of their existing trade treaties. (a) May State A now unilaterally withdraw from its mutual defense treaty with State B? Explain your answer. (2.5%)

To fulfill a campaign promise to the poor folk in a far-flung area in Mindanao, the President requested his friend, Pastor Roy, to devote his ministry to them. The President would pay Pastor Roy a monthly stipend of P50,000.00 from his discretionary fund, and would also erect a modest house of worship in the locality in an area of the latter’s choice. Does the President thereby violate any provisions of the Constitution? Explain your answer. (3%)

The Congress establishes by law Philippine Funds, Inc., a private corporation, to receive foreign donations coming from abroad during national and local calamities and disasters, and to enable the unhampered and speedy disbursements of the donations through the mere action of its Board of Directors. Thereby, delays in the release of the donated funds occasioned by the stringent rules of procurement would be avoided. Also, the releases would not come under the jurisdiction of the Commission on Audit (COA). (a) Is the law establishing Philippine Funds, Inc. constitutional? Explain your answer. (3%)

(a) What is the right of legation, and how is it undertaken between states? Explain your answer. (2%)

Under the doctrine of immunity from suit, the State cannot be sued without its consent. How may the consent be given by the State? Explain your answer. (3%)

Extradition is the process pursuant to a treaty between two State parties for the surrender by the requested State to the custody of the requesting State of a fugitive criminal residing in the former. However, extradition depends on the application of two principles — the principle of specialty and the dual criminality principle. Explain these principles. (4%)

The Congress establishes by law Philippine Funds, Inc., a private corporation, to receive foreign donations coming from abroad during national and local calamities and disasters, and to enable the unhampered and speedy disbursements of the donations through the mere action of its Board of Directors. Thereby, delays in the release of the donated funds occasioned by the stringent rules of procurement would be avoided. Also, the releases would not come under the jurisdiction of the Commission on Audit (COA). (b) Can the Congress pass the law that would exempt the foreign grants from the jurisdiction of the COA? Explain your answer. (3%)

A priority thrust of the Administration is the change of the form of government from unitary to federal. The change can be effected only through constitutional amendment or revision. (a) What are the methods of amending the Constitution? Explain briefly each method. (3%)

The President appoints the Vice President as his Administration’s Housing Czar, a position that requires the appointee to sit in the Cabinet. Although the appointment of the members of the Cabinet requires confirmation by the Commission on Appointment (CA), the Office of the President does not submit the appointment to the CA. May the Vice President validly sit in the Cabinet? (2.5%)

A priority thrust of the Administration is the change of the form of government from unitary to federal. The change can be effected only through constitutional amendment or revision. (b) Cite at least three provisions of the Constitution that need to be amended or revised to effect the change from unitary to federal, and briefly explain why? (3%)

Distinguish pardon from amnesty. (4%)

Command responsibility pertains to the responsibility of commanders for crimes committed by subordinate members of the armed forces or other persons subject to their control in international wars or domestic conflicts. The doctrine has now found application in civil actions for human rights abuses, and in proceedings seeking the privilege of the writ of amparo. (a) What are the elements to be established in order to hold the superior or commander liable under the doctrine of command responsibility? (4%)

Under the enrolled bill doctrine, the signing of a bill by both the Speaker of the House of Representatives and the President of the Senate and the certification by the secretaries of both Houses of Congress that the bill was passed on a certain date are conclusive on the bill’s due enactment. Assuming there is a conflict between the enrolled bill and the legislative journal, to the effect that the enrolled bill signed by the Senate President and eventually approved by the President turned out to be different from what the Senate actually passed as reflected in the legislative journal, (b) May the President thereafter withdraw his signature? Explain your answer. (2.5%)

Ambassador Robert of State Alpha committed a very serious crime while he headed his foreign mission in the Philippines. Is he subject to arrest by Philippine authorities? Explain your answer. (3%)

What is the pardoning power of the President under Art. VIII, Sec. 19 of the Constitution? Is the exercise of the power absolute? (4%)

State A and State B, two sovereign states, enter into a 10-year mutual defense treaty. After five years, State A finds that the more progressive State B did not go to the aid of State A when it was threatened by its strong neighbor State C. State B reasoned that it had to be prudent and deliberate in reacting to State C because of their existing trade treaties. (c) Are the principles ofpacta sunt servanda and rebus sic stantibus relevant in the treaty relations between State A and State B? What about in the treaty relations between State B and State C? Explain your answer. (2.5%)

The doctrine of immunity from suit in favor of the State extends to public officials in the performance of their official duties. May such officials be sued nonetheless to prevent or to undo their oppressive or illegal acts, or to compel them to act? Explain your answer. (3%)

(b) Under this right, may a country like Malaysia insist that the Philippines establish a consulate in Sabah to look after the welfare of the Filipino migrants in the area? Explain your answer. (2%)

A bank acquired a large tract of land as the highest bidder in the foreclosure sale of the mortgaged assets of its borrower. It appears that the land has been originally registered under the Torrens system in 1922 pursuant to the provisions of the Philippine Bill of 1902, the organic act of the Philippine Islands as a colony of the USA. Sec. 21 of the Philippine Bill of 1902 provided that “all valuable mineral deposits in public lands in the Philippine Islands, both surveyed and unsurveyed, are hereby declared to be free and open to exploration, occupation and purchase, and the land in which they are found to occupation and purchase, by citizens of the United States, or of said Islands.” Sec. 27 of the law declared that a holder of the mineral claim so located was entitled to all the minerals that lie within his claim, but he could not mine outside the boundary lines of his claim. The 1935 Constitution expressly prohibited the alienation of natural resources except agricultural lands. Sec. 2, Art. XII of the 1987 Constitution contains a similar prohibition, and proclaims that all lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. This provision enunciates the Regalian Doctrine. May the Government, on the basis of the Regalian Doctrine enunciated in the constitutional provisions, deny the bank its right as owner to the mineral resources underneath the surface of its property as recognized under the Philippine Bill of 1902? Explain your answer. (5%)

Under the enrolled bill doctrine, the signing of a bill by both the Speaker of the House of Representatives and the President of the Senate and the certification by the secretaries of both Houses of Congress that the bill was passed on a certain date are conclusive on the bill’s due enactment. Assuming there is a conflict between the enrolled bill and the legislative journal, to the effect that the enrolled bill signed by the Senate President and eventually approved by the President turned out to be different from what the Senate actually passed as reflected in the legislative journal, (a) May the Senate President disregard the enrolled bill doctrine and consider his signature as invalid and of no effect? (2.5%)

May a complaint for disbarment against the Ombudsman prosper during her incumbency? Explain your answer. (3%)

State A and State B, two sovereign states, enter into a 10-year mutual defense treaty. After five years, State A finds that the more progressive State B did not go to the aid of State A when it was threatened by its strong neighbor State C. State B reasoned that it had to be prudent and deliberate in reacting to State C because of their existing trade treaties. (b) What is the difference between the principles of pacta sunt servanda and rebus sic stantibus in international law? (2.5%)

Sec. 3, Art. XI of the Constitution states that “[n]o impeachment proceedings shall be initiated against the same official more than once within a period of one year.” What constitutes initiation of impeachment proceedings under the provision? (3%)

While Congress was not in session, the President appointed Antero as Secretary of the Department of Tourism (DOT), Benito as Commissioner of the Bureau of Immigration (BI), Clodualdo as Chairman of the Civil Service Commission (CSC), Dexter as Chairman of the Commission on Human Rights (CHR), and Emmanuel as Philippine Ambassador to Cameroon. The following day, all the appointees took their oath before the President, and commenced to perform the functions of their respective offices. (a) Characterize the appointments, whether permanent or temporary; and whether regular or interim, with reasons. (2.5%)

Sec. 8, Article X of the 1987 Constitution provides that no elective official shall serve for more than three (3) consecutive terms. Rule and explain briefly the reason if the official is prohibited to run for another term in each of the following situations: (a) if the official is a Vice-Mayor who assumed the position of Mayor for the unexpired term under the Local Government Code; (b) if the official has served for three consecutive terms and did not seek a 4th term but who won in a recall election; (c) if the position of Mayor of a town is abolished due to conversion of the town to a city; (d) if the official is preventively suspended during his term but was exonerated; and (e) if the official is proclaimed as winner and assumes office but loses in an election protest. (5%)

Several concerned residents of the areas fronting Manila Bay, among them a group of students who are minors, filed a suit against the Metro Manila Development Authority (MMDA), the Department of Environment and Natural Resources (DENR), the Department of Health (DOH), the Department of Agriculture (DA), the Department of Education (DepEd), the Department of Interior and Local Government (DILG), and a number of other executive agencies, asking the court to order them to perform their duties relating to the cleanup, rehabilitation and protection of Manila Bay. The complaint alleges that the continued neglect by defendants and their failure to prevent and abate pollution in Manila Bay constitute a violation of the petitioners’ constitutional right to life, health and a balanced ecology. (b) In its decision which attained finality, the Court ordered the defendants to clean up, rehabilitate and sanitize Manila Bay within eighteen (18) months, and to submit to the Court periodic reports of their accomplishment, so that the Court can monitor and oversee the activities undertaken by the agencies in compliance with the Court’s directives. Subsequently, a resolution was issued extending the time periods within which the agencies should comply with the directives covered by the final decision. A view was raised that the Court’s continued intervention after the case has been decided violates the doctrine of separation of powers considering that the government agencies all belong to the Executive Department and are under the control of the President. Is this contention correct? Why or why not? (2.5%)

Several concerned residents of the areas fronting Manila Bay, among them a group of students who are minors, filed a suit against the Metro Manila Development Authority (MMDA), the Department of Environment and Natural Resources (DENR), the Department of Health (DOH), the Department of Agriculture (DA), the Department of Education (DepEd), the Department of Interior and Local Government (DILG), and a number of other executive agencies, asking the court to order them to perform their duties relating to the cleanup, rehabilitation and protection of Manila Bay. The complaint alleges that the continued neglect by defendants and their failure to prevent and abate pollution in Manila Bay constitute a violation of the petitioners’ constitutional right to life, health and a balanced ecology. (a) If the defendants assert that the students/petitioners who are minors do not have locus standi to file the action, is the assertion correct? Explain your answer. (2.5%)

The USS Liberty, a warship of the United States (U.S.), entered Philippine archipelagic waters on its way to Australia. Because of the negligence of the naval officials on board, the vessel ran aground off the island of Palawan, damaging coral reefs and other marine resources in the area. Officials of Palawan filed a suit for damages against the naval officials for their negligence, and against the U.S., based on Articles 30 and 31 of the United Nations Convention on the Law of the Sea (UNCLOS). Article 31 provides that the Flag State shall bear international responsibility for any loss or damage to the Coastal State resulting from noncompliance by a warship with the laws and regulations of the coastal State concerning passage through the territorial sea. The U.S. Government raised the defenses that: (b) The United States is not a signatory to UNCLOS and thus cannot be bound by its provisions. (2.5%) Rule on the validity of the defenses raised by the U.S., with reasons.

Onofre, a natural born Filipino citizen, arrived in the United States in 1985. In 1990, he married Salvacion, a Mexican, and together they applied for and obtained American citizenship in 2001. In 2015, the couple and their children — Alfred, 21 years of age, Robert, 16, and Marie, 14, who were all born in the U.S. — returned to the Philippines on June 1, 2015. On June 15, 2015, informed that he could reacquire Philippine citizenship without losing his American citizenship, Onofre Went home to the Philippines and took the oath of allegiance prescribed under R.A. No. 9225. On October 28, 2015, he filed a Certificate of Candidacy to run in the May 9, 2016 elections for the position of Congressman in his home province of Pala wan, running against re-electionist Congressman Profundo. (b) Before the May 9, 2016 elections, Profundo’s lawyer filed a Petition to Deny Due Course or to Cancel the Certificate of Candidacy against Onofre. What grounds can he raise in his Petition to support it? Explain your answer. (2.5%)

The Government, through Secretary Toogoody of the Department of Transportation (DOTr), filed a complaint for eminent domain to acquire a 1,000- hectare property in Bulacan, owned by Baldomero. The court granted the expropriation, fixed the amount of just compensation, and installed the Government in full possession of the property. (a) If the Government does not immediately pay the amount fixed by the court as just compensation, can Baldomero successfully demand the return of the property to him? Explain your answer. (2.5%)

(a) Define the archipelagic doctrine of national territory, state its rationale; and explain how it is implemented through the straight baseline method. (2.5%)

A law is passed intended to protect women and children from all forms of violence. When a woman perceives an act to be an act of violence or a threat of violence against her, she may apply for a Barangay Protection Order (BPO) to be issued by the Barangay Chairman, which shall have the force and effect of law. Conrado, against whom a BPO had been issued on petition of his wife, went to court to challenge the constitutionality of the law. He raises the following grounds: (b) The grant of authority to the Barangay Chairman to issue a Barangay Protection Order (BPO) constitutes an undue delegation ofjudicial power, because obviously, the issuance of the BPO entails the exercise of judicial power. (2.5%) Rule on the validity of the grounds raised by Conrado, with reasons.

The contents of the vault of ABC company consisting of cash and documents were stolen. Paulyn, the treasurer of ABC, was invited by the Makati City Police Department to shed light on the amount of cash stolen and the details of the missing documents. Paulyn obliged and volunteered the information asked. Later, Paulyn was charged with qualified theft together with other suspects. Paulyn claims her rights under the Constitution and pertinent laws were blatantly violated. The police explained that they were just gathering evidence when Paulyn was invited for a conference and she was not a suspect at that time. Rule on her defense. (5%)

Sec. 11, Art. XII of the Constitution, provides: “No franchise, certificate or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines at least sixty per centum of whose capital is owned by such citizens xxx.” Does the term “capital” mentioned in the cited section refer to the total common shares only, or to the total outstanding capital stock, or to both or “separately to each class of shares, whether common, preferred non-voting, preferred voting or any class of shares?” Explain your answer. (5%)

Section 8 of P.D. No. 910, entitled “Creating an Energy Development Board, defining its powers and functions, providing funds therefor and for other purposes,” provides that: “All fees, revenues and receipts of the Board from any and all sources xxx shall form part of a Special Fund to be used to finance energy resource development and exploitation programs and projects of the government and for such other purposes as may be hereafter directed by the President.” The Malampaya NGO contends that the provision constitutes an undue delegation of legislative power since the phrase “and for such other purposes as may be hereafter directed by the President” gives the President unbridled discretion to determine the purpose for which the funds will be used. On the other hand, the government urges the application of ejusdem generis. (a) Explain the “completeness test” and “sufficient standard test.” (2.5%)

Section 8 of P.D. No. 910, entitled “Creating an Energy Development Board, defining its powers and functions, providing funds therefor and for other purposes,” provides that: “All fees, revenues and receipts of the Board from any and all sources xxx shall form part of a Special Fund to be used to finance energy resource development and exploitation programs and projects of the government and for such other purposes as may be hereafter directed by the President.” The Malampaya NGO contends that the provision constitutes an undue delegation of legislative power since the phrase “and for such other purposes as may be hereafter directed by the President” gives the President unbridled discretion to determine the purpose for which the funds will be used. On the other hand, the government urges the application of ejusdem generis. (b) Does the assailed portion of section 8 of PD 910 hurdle the two (2) tests? (2.5%)

Pornographic materials in the form of tabloids, magazines and other printed materials, proliferate and are being sold openly in the streets of Masaya City. The City Mayor organized a task force which confiscated these materials. He then ordered that the materials be burned in public. Dominador, publisher of the magazine, “Plaything”, filed a suit, raising the following constitutional issues: (a) the confiscation of the materials constituted an illegal search and seizure, because the same was done without a valid search warrant; and (b) the confiscation, as well as the proposed destruction of the materials, is a denial of the right to disseminate information, and thus, violates the constitutional right to freedom of expression. Is either or both contentions proper? Explain your answer. (5%)

Ernesto, a minor, while driving a motor vehicle, was stopped at a mobile checkpoint. Noticing that Ernesto is a minor, SPO1 Jojo asked Ernesto to exhibit his driver’s license but Ernesto failed to produce it. SPO1 Jojo requested Ernesto to alight from the vehicle and the latter acceded. Upon observing a bulge in the pants of Ernesto, the policeman frisked him and found an unlicensed .22- caliber pistol inside Ernesto’s right pocket. Ernesto was arrested, detained and charged. At the trial, Ernesto, through his lawyer, argued that, policemen at mobile checkpoints are empowered to conduct nothing more than a “visual search.” They cannot order the persons riding the vehicle to alight. They cannot frisk, or conduct a body search of the driver or the passengers of the vehicle. Ernesto’s lawyer thus posited that: (a) The search conducted in violation of the Constitution and established jurisprudence was an illegal search; thus, the gun which was seized in the course of an illegal search is the “fruit of the poisonous tree” and is inadmissible in evidence. (2.5%) Rule on the correctness of the foregoing arguments, with reasons.

Ernesto, a minor, while driving a motor vehicle, was stopped at a mobile checkpoint. Noticing that Ernesto is a minor, SPO1 Jojo asked Ernesto to exhibit his driver’s license but Ernesto failed to produce it. SPO1 Jojo requested Ernesto to alight from the vehicle and the latter acceded. Upon observing a bulge in the pants of Ernesto, the policeman frisked him and found an unlicensed .22- caliber pistol inside Ernesto’s right pocket. Ernesto was arrested, detained and charged. At the trial, Ernesto, through his lawyer, argued that, policemen at mobile checkpoints are empowered to conduct nothing more than a “visual search.” They cannot order the persons riding the vehicle to alight. They cannot frisk, or conduct a body search of the driver or the passengers of the vehicle. Ernesto’s lawyer thus posited that: (b) The arrest made as a consequence of the invalid search was likewise illegal, because an unlawful act (the search) cannot be made the basis of a lawful arrest. (2.5%) Rule on the correctness of the foregoing arguments, with reasons.

Paragraphs c, d and f of Section 36 of Republic Act No. 9165 provide: “Sec. 36. Authorized drug testing. xxx The following shall be subjected to undergo drug testing: xxx c. Students of secondary and tertiary schools xxx; d. Officers and employees of public and private offices xxx; f. All persons charged before the prosecutor’s office with a criminal offense having an imposable imprisonment of not less than 6 years and 1 day;” Petitioners contend that the assailed portions of Sec. 36 are unconstitutional for violating the right to privacy, the right against unreasonable searches and seizures and the equal protection clause. Decide if the assailed provisions are unconstitutional. (5%)

While Congress was not in session, the President appointed Antero as Secretary of the Department of Tourism (DOT), Benito as Commissioner of the Bureau of Immigration (BI), Clodualdo as Chairman of the Civil Service Commission (CSC), Dexter as Chairman of the Commission on Human Rights (CHR), and Emmanuel as Philippine Ambassador to Cameroon. The following day, all the appointees took their oath before the President, and commenced to perform the functions of their respective offices. (b) A civil society group, the Volunteers Against Misguided Politics (VAMP), files suit, contesting the legality of the acts of the appointees and claiming that the appointees should not have entered into the performance of the functions of their respective offices, because their appointments had not yet been confirmed by the Commission on Appointments. Is this claim of VAMP correct? Why or why not? (2.5%)

A law is passed intended to protect women and children from all forms of violence. When a woman perceives an act to be an act of violence or a threat of violence against her, she may apply for a Barangay Protection Order (BPO) to be issued by the Barangay Chairman, which shall have the force and effect of law. Conrado, against whom a BPO had been issued on petition of his wife, went to court to challenge the constitutionality of the law. He raises the following grounds: (a) The law violates the equal protection clause because, while it extends protection to women who may be victims of violence by their husbands, it does not extend the same protection to husbands who may be battered by their wives. (2.5%) Rule on the validity of the grounds raised by Conrado, with reasons.

Fernando filed an administrative complaint against his co-teacher, Amelia, claiming that the latter is living with a married man who is not her husband. Fernando charged Amelia with committing “disgraceful and immoral conduct” in violation of the Revised Administrative Code and, thus, should not be allowed to remain employed in the government. Amelia, On the Other hand, claims that she and her partner are members of a religious sect that allows members of the congregation who have been abandoned by their respective spouses to enter marital relations under a “Declaration of Pledging Faithfulness.” Having made such Declaration, she argues that she cannot be charged with committing immoral conduct for she is entitled to free exercise of religion under the Constitution. (b) Briefly explain the concept of “benevolent neutrality.” (2.5%)

Under Sec. 5, Article VIII of the Constitution, the Supreme Court shall have the power to “promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts xxx.” Section 23 of R.A. No. 9165 or the Comprehensive Dangerous Drugs Act of 2002 provides that “any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining.” Patricio, a user who was charged with alleged sale of shabu but who wants to enter a plea of guilty to a charge of possession, questions the constitutionality of Sec. 23 on the ground that Congress encroached on the rule-making power of the Supreme Court under Sec. 5, Article VIII. He argues that plea-bargaining is procedural in nature and is within the exclusive constitutional power of the Court. Is Patricio correct? Explain your answer. (5%)

Jojo filed a criminal complaint against Art for theft of a backpack worth P150.00 with the Office of the City Prosecutor of Manila. The crime is punishable with arresto mayor to prision correccional in its minimum period, or not to exceed 4 years and 2 months. The case was assigned to Prosecutor Tristan and he applied Sec. 8(a) of Rule 112 which reads: “(a) If filed with the prosecutor. - If the complaint is filed directly with the prosecutor involving an offense punishable by imprisonment of less than four (4) years, two (2) months and one (1) day, the procedure outlined in Sec. 3(a) of this Rule shall be observed. The Prosecutor shall act on the complaint within ten (10) days from its filing.” On the other hand, Sec. 3(a) of Rule 112 provides: “(a) The complaint shall state the address of the respondent and shall be accompanied by affidavits of the complainant and his witnesses as well as other supporting documents to establish probable cause. xxx” Since Sec. 8(a) authorizes the Prosecutor to decide the complaint on the basis of the affidavits and other supporting documents submitted by the complainant, Prosecutor Tristan did not notify Art nor require him to submit a counter-affidavit. He proceeded to file the Information against Art with the Metropolitan Trial Court. Art vehemently assails Sec. 8(a) of Rule 112 as unconstitutional and violative of due process and his rights as an accused under the Constitution for he was not informed of the complaint nor was he given the opportunity to raise his defenses thereto before the Information was filed. Rule on the constitutionality of Sec. 8(a) of Rule 112. Explain. (5%)

Fernando filed an administrative complaint against his co-teacher, Amelia, claiming that the latter is living with a married man who is not her husband. Fernando charged Amelia with committing “disgraceful and immoral conduct” in violation of the Revised Administrative Code and, thus, should not be allowed to remain employed in the government. Amelia, On the Other hand, claims that she and her partner are members of a religious sect that allows members of the congregation who have been abandoned by their respective spouses to enter marital relations under a “Declaration of Pledging Faithfulness.” Having made such Declaration, she argues that she cannot be charged with committing immoral conduct for she is entitled to free exercise of religion under the Constitution. (a) Is Amelia administratively liable? State your reasons briefly. (2.5%)

Onofre, a natural born Filipino citizen, arrived in the United States in 1985. In 1990, he married Salvacion, a Mexican, and together they applied for and obtained American citizenship in 2001. In 2015, the couple and their children — Alfred, 21 years of age, Robert, 16, and Marie, 14, who were all born in the U.S. — returned to the Philippines on June 1, 2015. On June 15, 2015, informed that he could reacquire Philippine citizenship without losing his American citizenship, Onofre Went home to the Philippines and took the oath of allegiance prescribed under R.A. No. 9225. On October 28, 2015, he filed a Certificate of Candidacy to run in the May 9, 2016 elections for the position of Congressman in his home province of Pala wan, running against re-electionist Congressman Profundo. (a) Did Onofre’s reacquisition of Philippine citizenship benefit his wife, Salvacion, and their minor children and confer upon them Filipino citizenship? Explain your answer. (2.5%)

The Government, through Secretary Toogoody of the Department of Transportation (DOTr), filed a complaint for eminent domain to acquire a 1,000- hectare property in Bulacan, owned by Baldomero. The court granted the expropriation, fixed the amount of just compensation, and installed the Government in full possession of the property. (b) If the Government paid full compensation but after two years it abandoned its plan to build an airport on the property, can Baldomero compel the Government to re-sell the property back to him? Explain your answer. (2.5%)

(b) Section 2 of RA 9522 declared the Kalayaan Island Group (KIG) and Scarborough Shoal as “Regimes of Islands.” Professor Agaton contends that since the law did not enclose said islands, then the Philippines lost its sovereignty and jurisdiction over them. Is his contention correct? Explain. (2.5%)

The USS Liberty, a warship of the United States (U.S.), entered Philippine archipelagic waters on its way to Australia. Because of the negligence of the naval officials on board, the vessel ran aground off the island of Palawan, damaging coral reefs and other marine resources in the area. Officials of Palawan filed a suit for damages against the naval officials for their negligence, and against the U.S., based on Articles 30 and 31 of the United Nations Convention on the Law of the Sea (UNCLOS). Article 31 provides that the Flag State shall bear international responsibility for any loss or damage to the Coastal State resulting from noncompliance by a warship with the laws and regulations of the coastal State concerning passage through the territorial sea. The U.S. Government raised the defenses that: (a) The Philippine courts cannot exercise jurisdiction over another sovereign State, including its warship and naval officials. (2.5%) Rule on the validity of the defenses raised by the U.S., with reasons.

The Philippines entered into an international agreement with members of the international community creating the International Economic Organization (IEO) which will serve as a forum to address economic issues between States, create standards, encourage greater volume of trade between its members, and settle economic disputes. After the Philippine President signed the agreement, the Philippine Senate demanded that the international agreement be submitted to it for its ratification. The President refused, arguing that it is an executive agreement that merely created an international organization and it dwells mainly on addressing economic issues among States. Is the international agreement creating the IEO a treaty or an executive agreement? Explain. (5%)

Congress passed a bill appropriating PlOObillion. Part of the money is to be used for the purchase of a 200-hectare property in Antipolo. The rest shall be spent for the development of the area and the construction of the Universal Temple for All the World’s Faiths (UTAW-F). When completed, the site will be open, free of charge, to all religions, beliefs, and faiths, where each devotee or believer shall be accommodated and treated in a fair and equal manner, without distinction, favor, or prejudice. There will also be individual segments or zones in the area which can be used for the conduct of whatever rituals, services, sacraments, or ceremonials that may be required by the customs or practices of each particular religion. The President approved the bill, happy in the thought that this could start the healing process of our wounded country and encourage people of varied and often conflicting faiths to live together in harmony and in peace. If the law is questioned on the ground that it violates Sec. 5, Article III of the Constitution that “no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof,” how will you resolve the challenge? Explain. (5%)

A law converted the component city of Malnmanay, Laguna into a highly urbanized city. The Local Government Code (LGC) provides that the conversion “shall take effect only after it is approved by the majority of votes cast in a plebiscite to be held in the political units directly affected.” Before the COMELEC, Mayor Xenon of Malumanay City insists that only the registered voters of the city should vote in the plebiscite because the city is the only political unit directly affected by the conversion. Governor Yuri asserts that all the registered voters of the entire province of Laguna should participate in the plebiscite, because when the LGC speaks of the “qualified voters therein,” it means all the voters of all the political units affected by such conversion, and that includes all the voters of the entire province. He argues that the income, population and area of Laguna will be reduced. Who, between Mayor Xenon and Governor Yuri, is correct? Explain your answer. (5%)

(2) How do you differentiate the petition filed under Section 68 from the petition filed under Section 78, both of the Omnibus Election Code? (3%)

The Gay, Bisexual and Transgender Youth Association (GBTYA), an organization of gay, bisexual, and transgender persons, filed for accreditation with the COMELEC to join the forthcoming party-list elections. The COMELEC denied the application for accreditation on the ground that GBTYA espouses immorality which offends religious dogmas. GBTYA challenges the denial of its application based on moral grounds because it violates its right to equal protection of the law. (1) What are the three (3) levels of test that are applied in equal protection cases? Explain. (3%)

(1) What is the concept of expanded judicial review under the 1987 Constitution? (3%)

Senator Fleur De Lis is charged with plunder before the Sandiganbayan. After finding the existence of probable cause, the court issues a warrant for the Senator’s arrest. The prosecution files a motion to suspend the Senator relying on Section 5 of the Plunder Law. According to the prosecution, the suspension should last until the termination of the case. Senator Lis vigorously opposes the motion contending that only the Senate can discipline its members; and that to allow his suspension by the Court would violate the principle of separation of powers. Is Senator Lis’s contention tenable? Explain. (4%)

(1) Distinguish the President’s authority to declare a state of rebellion from the authority to proclaim a state of national emergency. (2%)

Congress enacted R.A. No. 14344 creating the City of Masuwerte which took effect on September 25, 2014. Section 23 of the law specifically exempts the City of Masuwerte from the payment of legal fees in the cases that it would file and/or prosecute in the courts of law. In two (2) cases that it filed, the City of Masuwerte was assessed legal fees by the clerk of court pursuant to Rule 141 (Legal Fees) of the Rules of Court. The City of Masuwerte questions the assessment claiming that it is exempt from paying legal fees under Section 23 of its charter. Is the claim of exemption tenable? Explain. (4%)

Around 12:00 midnight, a team of police officers was on routine patrol in Barangay Makatarungan when it noticed an open delivery van neatly covered with banana leaves. Believing that the van was loaded with contraband, the team leader agged down the vehicle which was driven by Hades. He inquired from Hades what was loaded on the van. Hades just gave the police officer a blank stare and started to perspire profusely. The police officers then told Hades that they will look inside the vehicle. Hades did not make any reply. The police officers then lifted the banana leaves and saw several boxes. They opened the boxes and discovered several kilos of shabu inside. Hades was charged with illegal possession of illegal drugs. After due proceedings, he was convicted by the trial court. On appeal, the Court of Appeals affirmed his conviction. In his final bid for exoneration, Hades went to the Supreme Court claiming that his constitutional right against unreasonable searches and seizures was violated when the police officers searched his vehicle without a warrant; that the shabu confiscated from him is thus inadmissible in evidence; and that there being no evidence against him, he is entitled to an acquittal. For its part, the People of the Philippines maintains that the case of Hades involved a consented warrantless search which is legally recognized. The People adverts to the fact that Hades did not offer any protest when the police officers asked him if they could look inside the vehicle. Thus, any evidence obtained in the course thereof is admissible in evidence. Whose claim is correct? Explain. (5%)

(2) What are the limitations, if any, to the pardoning power of the President? (3%)

Professor Masipag who holds a plantilla or regular item in the University of the Philippines (UP) is appointed as an Executive Assistant in the Court of Appeals (CA). The professor is considered only on leave of absence in UP while he reports for work at the CA which shall pay him the salary of the Executive Assistant. The appointment to the CA position was questioned, but Professor Masipag countered that he will not collect the salary for both positions; hence, he cannot be accused of receiving double compensation. Is the argument of the professor valid? Explain. (4%)

Discuss the evolution of the principle of jus sanguinis as basis of Filipino citizenship under the 1935, 1973, and 1987 Constitutions. (3%)

Typhoon Bangis devastated the Province of Sinagtala. Roads and bridges were destroyed which impeded the entry of vehicles into the area. This caused food shortage resulting in massive looting of grocery stores and malls. There is power outage also in the area. For these reasons, the governor of the province declares a state of emergency in their province through Proclamation No. 1. He also invoked Section 465 of the Local Government Code of 1991 (R.A. No. 7160) which vests on the provincial governor the power to carry out emergency measures during manmade and natural disasters and calamities, and to call upon the appropriate national law enforcement agencies to suppress disorder and lawless violence. In the same proclamation, the governor called upon the members of the Philippine National Police, with the assistance of the Armed Forces of the Philippines, to set up checkpoints and chokepoints, conduct general searches and seizures including arrests, and other actions necessary to ensure public safety. Was the action of the provincial governor proper? Explain. (4%)

The President appointed Dexter I. Ty as Chairperson of the COMELEC on June 14, 2011 for a term of seven (7) years pursuant to the 1987 Constitution. His term of office started on June 2, 2011 to end on June 2, 2018. Subsequently, the President appointed Ms. Marikit as the third member of the COMELEC for a term of seven (7) years starting June 2, 2014 until June 2, 2021. On June 2, 2015, Chairperson Ty retired optionally after having served the government for thirty (30) years. The President then appointed Commissioner Marikit as COMELEC Chairperson. The Commission on Appointments confirmed her appointment. The appointment papers expressly indicate that Marikit will serve as COMELEC Chairperson “until the expiration of the original term of her office as COMELEC Commissioner or on June 2, 2021.” Matalino, a tax payer, files a petition for certiorari before the Supreme Court asserting that the appointment of Marikit as COMELEC Chairperson is unconstitutional for the following reasons: (1) The appointment of Marikit as COMELEC Chairperson constituted a reappointment which is proscribed by Section 1 (2), Article IX of the 1987 Constitution; and (2) the term of office expressly stated in the appointment papers of Marikit likewise contravenes the aforementioned constitutional provision. Will the constitutional challenge succeed? Explain. (4%)

When is a facial challenge to the constitutionality of a law on the ground of violation of the Bill of Rights traditionally allowed? Explain your answer. (3%)

(2) Describe the following maritime regimes under UNCLOS (4%) (d) Continental shelf

(1) Gandang Bai filed her certificate of candidacy (COC) for municipal mayor stating that she is eligible to run for the said position. Pasyo Maagap, who also filed his COC for the same position, filed a petition to deny due course or cancel Bai’s COC under Section 78 of the Omnibus Election Code for material misrepresentation as before Bai filed her COC, she had already been convicted of a crime involving moral turpitude. Hence, she is disqualified perpetually from holding any public office or from being elected to any public office. Before the election, the COMELEC cancelled Bai’ s COC but her motion for reconsideration (MR) remained pending even after the election. Bai garnered the highest number of votes followed by Pasyo Maagap, who took his oath as Acting Mayor. Thereafter, the COMELEC denied Bai’s MR and declared her disqualified for running for Mayor. P. Maagap asked the Department of Interior and Local Government Secretary to be allowed to take his oath as permanent municipal mayor. This request was opposed by Vice Mayor Umaasa, invoking the rule on succession to the permanent vacancy in the Mayor’s office. Who between Pasyo Maagap and Vice Mayor Umaasa has the right to occupy the position of Mayor? Explain your answer. (5%)

(2) Describe the following maritime regimes under UNCLOS (4%) (c) Exclusive economic zone

The President appoints Emilio Melchor as Chairperson of the Civil Service Commission. Upon confirmation of Melchor’s appointment, the President issues an executive order including him as Ex-Officio member of the Board of Trustees of the Government Service Insurance System (GSIS), Employees Compensation Commission (ECC), and the Board of Directors of the Philippine Health Insurance Corporation (PHILHEALTH). Allegedly, this is based on the Administrative Code of 1997 (E.O. No. 292), particularly Section 14, Chapter 3, Title I-A, Book V. This provision reads: “The chairman of the CSC shall be a member of the Board of Directors of other governing bodies of government entities whose functions affect the career development, employment, status, rights, privileges, and Welfare of government officials and employees...” A taxpayer questions the designation of Melchor as ex-officio member of the said corporations before the Supreme Court based on two (2) grounds, to wit: (1) it violates the constitutional prohibition on members of the Constitutional Commissions to hold any other office or employment during his tenure; and (2) it impairs the independence of the CSC. Will the petition prosper? Explain. (4%)

(2) Differentiate the rule-making power or the power of the Supreme Court to promulgate rules under Section 5, Article VIII of the 1987 Constitution and judicial legislation. (2%)

The Gay, Bisexual and Transgender Youth Association (GBTYA), an organization of gay, bisexual, and transgender persons, filed for accreditation with the COMELEC to join the forthcoming party-list elections. The COMELEC denied the application for accreditation on the ground that GBTYA espouses immorality which offends religious dogmas. GBTYA challenges the denial of its application based on moral grounds because it violates its right to equal protection of the law. (2) Which of the three (3) levels of test should be applied to the present case? Explain. (3%)

The Partido ng Mapagkakatiwalaang Pilipino (PMP) is a major political party which has participated in every election since the enactment of the 1987 Constitution. It has fielded candidates mostly for legislative district elections. In fact, a number of its members were elected, and are actually serving, in the House of Representatives. In the coming 2016 elections, the PMP leadership intends to join the party-list system. Can PMP join the party-list system without violating the Constitution and Republic Act (R.A.) No. 7941? (4%)

(1) A bill was introduced in the House of Representatives in order to implement faithfully the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) to which the Philippines is a signatory. Congressman Pat Rio Tek questioned the constitutionality of the bill on the ground that the provisions of UNCLOS are violative of the provisions of the Constitution defining the Philippine internal waters and territorial sea. Do you agree or not with the said objection? Explain. (3%)

(2) Describe the following maritime regimes under UNCLOS (4%) (b) Contiguous zone

The Secretary of the Department of Environment and Natural Resources (DENR) issued Memorandum Circular No. 123-15 prescribing the administrative requirements for the conversion of a timber license agreement (TLA) into an Integrated Forestry Management Agreement (IFMA). ABC Corporation, a holder of a TLA which is about to expire, claims that the conditions for conversion imposed by the said circular are unreasonable and arbitrary and a patent nullity because it violates the non-impairment clause under the Bill of Rights of the 1987 Constitution. ABC Corporation goes to court seeking the nullification of the subject circular. The DENR moves to dismiss the case on the ground that ABC Corporation has failed to exhaust administrative remedies which is fatal to its cause of action. If you were the judge, will you grant the motion? Explain. (4%)

The Philippines and the Republic of Kroi Sha established diplomatic relations and immediately their respective Presidents signed the following: (1) Executive Agreement allowing the Republic of Kroi Sha to establish its embassy and consular offices within Metro Manila; and (2) Executive Agreement allowing the Republic of Kroi Sha to bring to the Philippines its military complement, warships, and armaments from time to time for a period not exceeding one month for the purpose of training exercises with the Philippine military forces and exempting from Philippine criminal jurisdiction acts committed in the line of duty by foreign military personnel, and from paying custom duties on all the goods brought by said foreign forces into Philippine territory in connection with the holding of the activities authorized under the said Executive Agreement. Senator Maagap questioned the constitutionality of the said Executive Agreements and demanded that the Executive Agreements be submitted to the Senate for ratification pursuant to the Philippine Constitution. Is Senator Maagap correct? Explain. (4%)

(2) Describe the following maritime regimes under UNCLOS (4%) (a) Territorial sea

Pursuant to its mandate to manage the orderly sale, disposition and privatization of the National Power C0rporation’s (NPC) generation assets, real estate and other disposable assets, the Power Sector Assets and Liabilities Management (PSALM) started the bidding process for the privatization of Angat Hydro Electric Power Plant (AHEPP). After evaluation of the bids, K-Pop Energy Corporation, a South Korean Company, was the highest bidder. Consequently, a notice of award was issued to K-Pop. The Citizens’ Party questioned the sale arguing that it violates the constitutional provisions on the appropriation and utilization of a natural resource which should be limited to Filipino citizens and corporations which are at least 60% Filipino-owned. The PSALM countered that only the hydroelectric facility is being sold and not the Angat Dam; and that the utilization of water by a hydroelectric power plant does not constitute appropriation of water from its natural source of water that enters the intake gate of the power plant which is an artificial structure. Whose claim is correct? Explain. (4%)

BD Telecommunications, Inc. (BDTI), a Filipino-owned corporation, sold its 1,000 common shares of stock in the Philippine Telecommunications Company (PTC), a public utility, to Australian Telecommunications (AT), another stockholder of the PTC which also owns 1,000 common shares. A Filipino stockholder of PTC questions the sale on the ground that it will increase the common shares of AT, a foreign company, to more than 40% of the capital (stock) of PTC in violation of the 40% limitation of foreign ownership of a public utility. AT argues that the sale does not violate the 60-40 ownership requirement in favor of Filipino citizens decreed in Section 11, Article XII of the 1987 Constitution because Filipinos still own 70% of the capital of the PTC. AT points to the fact that it owns only 2,000 common voting shares and 1,000 non-voting preferred shares while Filipino stockholders own 1,000 common shares and 6,000 preferred shares, therefore, Filipino stockholders still own a majority of the outstanding capital stock of the corporation, and both classes of shares have a par value of Php20.00 per share. Decide. (5%)

A law provides that the Secretaries of the Departments of Finance and Trade and Industry, the Governor of the Central Bank, the Director General of the National Economic Development Authority, and the Chairperson of the Philippine Overseas Construction Board shall sit as exofficio members of the Board of Directors (BOD) of a government owned and controlled corporation (GOCC). The other four (4) members shall come from the private sector. The BOD issues a resolution to implement a new organizational structure, staffing pattern, a position classification system, and a new set of qualification standards. After the implementation of the Resolution, Atty. Dipasupil questioned the legality of the Resolution alleging that the BOD has no authority to do so. The BOD claims otherwise arguing that the doctrine of qualified political agency applies to the case. It contends that since its agency is attached to the Department of Finance, whose head, the Secretary of Finance, is an alter ego of the President, the BOD’s acts were also the acts of the President. Is the invocation of the doctrine by the BOD proper? Explain. (4%)

Several senior officers of the Armed Forces of the Philippines received invitations from the Chairperson of the Senate Committees on National Defense and Security for them to appear as resource persons in scheduled public hearings regarding a wide range of subjects. The invitations state that these public hearings were triggered by the privilege speeches of the Senators that there was massive electoral fraud during the last national elections. The invitees Brigadier General Matapang and Lieutenant Coronel Makatuwiran, who were among those tasked to maintain peace and order during the last election, refused to attend because of an Executive Order banning all public officials enumerated in paragraph 3 thereof from appearing before either house of Congress without prior approval of the President to ensure adherence to the rule of executive privilege. Among those included in the enumeration are “senior officials of executive departments who, in the judgment of the department heads, are covered by executive privilege.” Several individuals and groups challenge the constitutionality of the subject executive order because it frustrates the power of the Congress to conduct inquiries in aid of legislation under Section 21, Article VI of the 1987 Constitution. Decide the case. (5%)

On August 15, 2015, Congresswoman Dina Tatalo filed and sponsored House Bill No. 5432, entitled “An Act Providing for the Apportionment of the Lone District of the City of Pangarap.” The bill eventually became a law, R.A. No. 1234. It mandated that the lone legislative district of the City of Pangarap would now consist of two (2) districts. For the 2016 elections, the voters of the City of Pangarap would be classified as belonging to either the first or second district, depending on their place of residence. The constituents of each district would elect their own representative to Congress as well as eight (8) members of the Sangguniang Panglungsod. R.A. No. 1234 apportioned the City’s barangays. The COMELEC thereafter promulgated Resolution No. 2170 implementing R.A. No. 1234. Piolo Cruz assails the COMELEC Resolution as unconstitutional. According to him, R.A. No. 1234 cannot be implemented without conducting a plebiscite because the apportionment under the law falls Within the meaning of creation, division, merger, abolition or substantial alteration of boundaries of cities under Section 10, Article X of the 1987 Constitution. Is the claim correct? Explain. (4%)

With the passage of time, the members of the House of Representatives increased with the creation of new legislative districts and the corresponding adjustments in the number of party-list representatives. At a time when the House membership was already 290, a great number of the members decided that it was time to propose amendments to the Constitution. The Senators, however, were cool to the idea. But the members of the House insisted. They accordingly convened Congress into a constituent assembly in spite of the opposition of the majority of the members of the Senate. When the votes were counted, 275 members of the House of Representatives approved the proposed amendments. Only 10 Senators supported such proposals. The proponents now claim that the proposals were validly made, since more than the required three-fourths vote of Congress has been obtained. The 14 Senators who voted against the proposals claim that the proposals needed not three-fourths vote of the entire Congress but of each house. Since the required number of votes in the Senate was not obtained, then there could be no valid proposals, so argued the Senators. Were the proposals validly adopted by Congress? (5%)

Surveys Galore is an outfit involved in conducting nationwide surveys. In one such survey, it asked the people about the degree of trust and confidence they had in several institutions of the government. When the results came in, the judiciary was shown to be less trusted than most of the government offices. The results were then published by the mass media. Assension, a trial court judge, felt particularly offended by the news. He then issued a show-cause order against Surveys Galore directing the survey entity to explain why it should not be cited in contempt for coming up with such a survey and publishing the results which were so unflattering and degrading to the dignity of the judiciary. Surveys Galore immediately assailed the show-cause order of Judge Assension, arguing that it is violative of the constitutional guaranty of freedom of expression. Is Surveys Galore’s petition meritorious? (4%)

Under the so-called doctrine of qualified political agency, (1%) (A) civil servants must first qualify before they could be appointed to office. (B) all employees in the government are merely agents of the people. (C) the acts of subordinates presumptively of those of the heads of offices disapproves them. (sic) (D) members of the Cabinet must have the absolute trust and confidence of the President.

Margie has been in the judiciary for a long time, starting from the lowest court. Twenty (20) years from her first year in the judiciary, she was nominated as a Justice in the Court of Appeals. Margie also happens to be a first-degree cousin of the President. The Judicial and Bar Council included her in the short-list submitted to the President whose term of office was about to end — it was a month before the next presidential elections. Can the President still make appointments to the judiciary during the so-called midnight appointment ban period? Assuming that he can still make appointments, could he appoint Margie, his cousin? (4%)

The President, concerned about persistent reports of widespread irregularities and shenanigans related to the alleged ghost projects with which the pork barrel funds of members of Congress had been associated, decided not to release the funds authorized under a Special Appropriations Act for the construction of a new bridge. The Chief Executive explained that, to properly conserve and preserve the limited funds of the government, as well as to avoid further mistrust by the people, such a project — which he considered as unnecessary since there was an old bridge near the proposed bridge which was still functional - should be scrapped. Does the President have such authority? (4%)

Greenpeas is an ideology-based political party fighting for environmental causes. It decided to participate under the party-list system. When the election results came in, it only obtained 1.99 percent of the votes cast under the party-list system. Bluebean, a political observer, claimed that Greenpeas is not entitled to any seat since it failed to obtain at least 2% of the votes. Moreover, since it does not represent any of the marginalized and underrepresented sectors of society, Greenpeas is not entitled to participate under the party-list system. How valid are the observations of Bluebean? (4%)

A few months before the end of the present Congress, Strongwill was invited by the Senate to shed light in an inquiry relative to the alleged siphoning and diverting of the pork barrel of members of Congress to non-existent or fictitious projects. Strongwill has been identified in the news as the principal actor responsible for the scandal, the leader of a non-governmental organization which ostensibly funnelled the funds to certain local government projects which existed only on paper. At the start of the hearings before the Senate, Strongwill refused at once to cooperate. The Senate cited him in contempt and sent him to jail until he would have seen the light. The Congress, thereafter, adjourned sine die preparatory to the assumption to office of the newly-elected members. In the meantime, Strongwill languished behind bars and the remaining senators refused to have him released, claiming that the Senate is a continuing body and , therefore, he can be detained indefinitely. Are the senators right? (4%)

In Serrano v. Gallant Maritime Services, Inc., 582 SCRA 254 (2009), the Supreme Court declared as violative of the Equal Protection Clause the 5th paragraph of §10 R.A. No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995) for discriminating against illegally dismissed OFWs who still had more than a year to their contract compared to those who only had less than a year remaining. The next year, Congress enacted R.A. No 10222, an amendment to the Migrant Workers and Overseas Filipinos Act, which practically reinstated the provision struck down in Serrano. Seamacho, an overseas seafarer who still had two years remaining on his contract when he was illegally terminated, and who would only be entitled to a maximum of six-month’s pay under the reinstated provision, engages you as his counsel. How are you to argue that the new law is invalid insofar as it brings back to the statute books a provision that has already been struck down by the Court? (5%)

Beauty was proclaimed as the Winning candidate for the position of Representative in the House of Representatives three (3) days after the elections in May. She then immediately took her oath of office. However, there was a pending disqualification case against her, which case was eventually decided by the COMELEC against her 10 days after the election. Since she has already been proclaimed, she ignored that decision and did not bother appealing it. The COMELEC then declared in the first week of June that its decision holding that Beauty was not validly elected had become final. Beauty then went to the Supreme Court questioning the jurisdiction of the COMELEC claiming that since she had already been proclaimed and had taken her oath of office, such election body had no more right to come up with a decision — that the jurisdiction had already been transferred to the House of Representatives Electoral Tribunal. How defensible is the argument of Beauty? (4%)

The Court had adopted the practice of announcing its decision in important, controversial or interesting cases the moment the votes had been taken among the justices, even as the final printed decision and separate opinions are not yet available to the public. In a greatly anticipated decision in a case of wide-ranging ramifications, the voting was close - 8 for the majority, while 7 were for the other side. After the Court had thus voted, it issued a press release announcing the result, with the advice that the printed copy of the decision, together with the separate opinions, were to be issued subsequently. The following day, however, one of the members of the Court died. The Court then announced that it would deliberate anew on the case since apparently the one who died belonged to the majority. Citizens for Transparency, a group of civic-spirited professionals and ordinary citizens dedicated to transparency and accountability in the government, questioned the act of the Court. The petitioners claimed the decision had already been validly adopted and promulgated. Therefore, it could no longer be recalled by the Court. At the same time, the group also asked the Court to disclose to the public the original decision and the separate opinions of the magistrates, together with what they had deliberated on just before they came up with the press release about the 8-7 decision. (6%) (A) Was the announced 8-7 decision already validly promulgated and thus not subject to recall?

The Court had adopted the practice of announcing its decision in important, controversial or interesting cases the moment the votes had been taken among the justices, even as the final printed decision and separate opinions are not yet available to the public. In a greatly anticipated decision in a case of wide-ranging ramifications, the voting was close - 8 for the majority, while 7 were for the other side. After the Court had thus voted, it issued a press release announcing the result, with the advice that the printed copy of the decision, together with the separate opinions, were to be issued subsequently. The following day, however, one of the members of the Court died. The Court then announced that it would deliberate anew on the case since apparently the one who died belonged to the majority. Citizens for Transparency, a group of civic-spirited professionals and ordinary citizens dedicated to transparency and accountability in the government, questioned the act of the Court. The petitioners claimed the decision had already been validly adopted and promulgated. Therefore, it could no longer be recalled by the Court. At the same time, the group also asked the Court to disclose to the public the original decision and the separate opinions of the magistrates, together with what they had deliberated on just before they came up with the press release about the 8-7 decision. (6%) (B) If the decision was not yet finalized at the time when the justice died, could it still be promulgated?

The Court had adopted the practice of announcing its decision in important, controversial or interesting cases the moment the votes had been taken among the justices, even as the final printed decision and separate opinions are not yet available to the public. In a greatly anticipated decision in a case of wide-ranging ramifications, the voting was close - 8 for the majority, while 7 were for the other side. After the Court had thus voted, it issued a press release announcing the result, with the advice that the printed copy of the decision, together with the separate opinions, were to be issued subsequently. The following day, however, one of the members of the Court died. The Court then announced that it would deliberate anew on the case since apparently the one who died belonged to the majority. Citizens for Transparency, a group of civic-spirited professionals and ordinary citizens dedicated to transparency and accountability in the government, questioned the act of the Court. The petitioners claimed the decision had already been validly adopted and promulgated. Therefore, it could no longer be recalled by the Court. At the same time, the group also asked the Court to disclose to the public the original decision and the separate opinions of the magistrates, together with what they had deliberated on just before they came up with the press release about the 8-7 decision. (6%) (C) If the decision was still being finalized, should the Court release to the public the majority decision and the separate opinions as originally announced, together with their deliberations on the issues?

Towards the end of the year, the Commission on Audit (COA) sought the remainder of its appropriation from the Department of Budget and Management (DBM). However, the DBM refused because the COA had not yet submitted a report on the expenditures relative to the earlier amount released to it. And, pursuant to the “no report, no release” policy of the DBM, COA is not entitled to any further releases in the meantime. COA counters that such a policy contravenes the guaranty of fiscal autonomy granted by the Constitution. Is COA entitled to receive the rest of its appropriations even without complying with the DBM policy? (4%)

The police got a report about a shooting incident during a town fiesta. One person was killed. The police immediately went to the scene and started asking the people about what they witnessed. In due time, they were pointed to Edward Gunman, a security guard, as the possible malefactor. Edward was then having refreshment in one of the eateries when the police approached him. They asked him if he had a gun to which question he answered yes. Then they asked if he had seen anybody shot in the vicinity just a few minutes earlier and this time he said he did not know about it. After a few more questions, one of the policemen asked Edward if he was the shooter. He said no, but then the policeman who asked him told him that several witnesses pointed to him as the shooter. Whereupon Edward broke down and started explaining that it was a matter of self-defense. Edward was eventually charged with murder. During his trial, the statements he made to the police were introduced as evidence against him. He objected claiming that they were inadmissible since he was not given his Miranda rights. On the other hand, the prosecution countered that there was no need for such rights to be given since he was not yet arrested at the time of the questioning. If you were the judge, how would you rule on the issue? (4%)

Several citizens, unhappy with the proliferation of families dominating the political landscape, decided to take matters into their own hands. They proposed to come up with a people’s initiative defining political dynasties. They started a signature campaign for the purpose of coming up with a petition for that purpose. Some others expressed misgivings about a people’s initiative for the purpose of proposing amendments to the Constitution, however. They cited the Court’s decision in Santiago v. Commission on Elections, 270 SCRA 106 (1997), as authority for their position that there is yet no enabling law for such purpose. On the other hand, there are also those who claim that the individual votes of the justices in Lambino v. Commission on Elections, 505 SCRA 160 (2006), mean that Santiago’s pronouncement has effectively been abandoned. If you were consulted by those behind the new attempt at a people’s initiative, how would you advise them? (4%)

Rosebud is a natural-born Filipino woman who got married to Rockcold, a citizen of State Frozen. By virtue of the laws of Frozen, any person who marries its citizens would automatically be deemed its own citizen. After ten years of marriage, Rosebud, who has split her time between the Philippines and Frozen, decided to run for Congress. Her opponent sought her disqualification, however, claiming that she is no longer a natural-born citizen. In any event, she could not seek elective position since she never renounced her foreign citizenship pursuant to the Citizenship Retention and Reacquisition Act (R.A. No. 9225). Is Rosebud disqualified to run by reason of citizenship? (4%)

The guarantee of freedom of expression signifies: (1%) (A) absolute freedom to express oneself. (B) freedom from prior restraint. (C) right to freely speak on anything without limitations. (D) the right of the government to regulate speech. (E) the right of broadcast stations to air any program.

Alienmae is a foreign tourist. She was asked certain questions in regard to a complaint that was filed against her by someone who claimed to have been defrauded by her. Alienmae answered all the questions asked, except in regard to some matters in which she invoked her right against self-incrimination. When she was pressed to elucidate, she said that the questions being asked might tend to elicit incriminating answers insofar as her home state is concerned. Could Alienmae invoke the right against self-incrimination if the fear of incrimination is in regard to her foreign law? (4%)

The one-year-bar rule in impeachment proceedings is to be reckoned from the time the (1%) (A) first impeachment complaint is filed. (B) impeachment complaint is referred to the Committee on Justice. (C) House of Representatives vote on the impeachment complaint. (D) House of Representatives endorses the Articles of Impeachment to the Senate.

Congress enacted a law exempting certain government institutions providing social services from the payment of court fees. Atty. Kristopher Timoteo challenged the constitutionality of the said law on the ground that only the Supreme Court has the power to fix and exempt said entities from the payment of court fees. Congress, on the other hand, argues that the law is constitutional as it has the power to enact said law for it was through legislative fiat that the Judiciary Development Fund (JDF) and the Special Allowance for Judges and Justices (SAJJ), the funding of which are sourced from the fees collected by the courts, were created. Thus, Congress further argues that if it can enact a law utilizing court fees to fund the JDF and SAJJ, a fortiori it can enact a law exempting the payment of court fees. Discuss the constitutionality of the said law, taking into account the arguments of both parties? (4%)

The National Building Code and its implementing rules provide, inter alia, that operators of shopping centers and malls should provide parking and loading spaces, in accordance with a prescribed ratio. The Solicitor General, heeding the call of the public for the provision of free parking spaces in malls, filed a case to compel said business concerns to discontinue their practice of collecting parking fees. The mall owners and operators oppose, saying that this is an invalid taking of their property, thus a violation of due process. The Solicitor General justifies it, however, claiming that it is a valid exercise of police power. Could the mall owners and operators be validly compelled to provide free parking to their customers? (4%)

In keeping with the modern age of instant and incessant information and transformation, Congress passed Cybercrime Prevention Act to regulate access to and use of the amenities of the cyberspace. While ostensibly the law is intended to protect the interests of society, some of its pro- visions were also seen as impermissibly invading and impairing widely cherished liberties of the people particularly the freedom of expression. Before the law could even be implemented, petitions were filed in the Supreme Court questioning said provisions by people who felt threatened, for themselves as well as for the benefit of others who may be similarly affected but not minded enough to challenge the law. The Solicitor General countered that there is no basis for the exercise of the power of judicial review since there has yet been no violation of the law, and therefore, there is no actual case or controversy to speak of, aside from the fact that the petitioners have no locus standi since they do not claim to be in imminent danger of being prosecuted under the law. Can the Court proceed to decide the case even if the law has not yet become effective? (4%)

Congress may increase the appellate jurisdiction of the Supreme Court: (1%) (A) anytime it wants. (B) if requested by the Supreme Court. (C) upon recommendation of the President. (D) only with the advice and concurrence of the Supreme Court. (E) whenever it deems it appropriate, advisable or necessary.

Constituent power refers to the authority (1%) (A) of public officials to command respect. (B) given to Congress to enact police power measures. (C) to propose constitutional amendments or revisions. (D) of the people to take back the power entrusted to those in government. (E) of the President to call out the armed forces to suppress lawless violence.

The National Power and Grid Corporation (NPGC), a government entity involved in power generation distribution, had its transmission lines traverse some fields belonging to Farmerjoe. NPGC did so without instituting any expropriation proceedings. Farmerjoe, not knowing any better, did not immediately press his claim for payment until after ten years later when a son of his took up Law and told him that he had a right to claim compensation. That was then the only time that Farmerjoe earnestly demanded payment. When the NPGC ignored him, he instituted a case for payment of just compensation. In defense, NPGC pointed out that the claim had already prescribed since, under its Charter, it is clearly provided that “actions for damages must be filed within five years after the rights of way, transmission lines, substations, plants or other facilities shall have been established and that after said period, no suit shall be brought to question the said rights of way, transmission lines, substations, plants or other facilities.” If you were the lawyer of Farmerjoe, how would you protect and vindicate the rights of your client? (4%)

Congress passed a law, R.A. No. 15005, creating an administrative Board principally tasked with the supervision and regulation of legal education. The Board was attached to the Department of Education. It was empowered, among others, to prescribe minimum standards for law admission and minimum qualifications of faculty members, the basic curricula for the course of study aligned to the requirements for admission to the Bar, law practice and social consciousness, as well as to establish a law practice internship as a requirement for taking the Bar which a law student shall undergo anytime during the law course, and to adopt a system of continuing legal education. Professor Boombastick, a long-time law practitioner and lecturer in several prestigious law schools, assails the constitutionality of the law arguing that it encroached on the prerogatives of the Supreme Court to promulgate rules relative to admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. If you were Professor Boombastick’s understudy, how may you help him develop clear, concise and cogent arguments in support of his position based on the present Constitution and the decisions of the Supreme Court on judicial independence and fiscal autonomy? (4%)

From an existing province, Wideland, Congress created a new province, Hundred Isles, consisting of several islands, with an aggregate area of 500 square kilometres. The law creating Hundred Isles was duly approved in a plebiscite called for that purpose. Juan, a taxpayer and a resident of Wideland, assailed the creation of Hundred Isles claiming that it did not comply with the area requirement as set out in the Local Government Code, i.e., an area of at least 2,000 square kilometres. The proponents justified the creation, however, pointing out that the Rules and Regulations Implementing the Local Government Code states that “the land area requirement shall not apply where the proposed province is composed of one (1) or more islands.” Accordingly, since the new province consists of several islands, the area requirement need not be satisfied. How tenable is the position of the proponents? (4%)

Gerrymandering refers to the practice of: (1%) (A) creating or dividing congressional districts in a manner intended to favor a particular party or candidate. (B) truancy as applied to Members of Congress. (C) loafing among members of Congress. (D) coming up with guessing game when it comes to legislation. (E) commandeering large chunks of the budget for favoured congressional districts.

Allmighty Apostles is a relatively new religious group and movement with fast-growing membership. One time, DeepThroat, an investigative reporter, made a research and study as to what the group’s leader, Maskeraid, was actually doing. DeepThroat eventually came up with the conclusion that Maskeraid was a phony who is just fooling the simple-minded people to part with their money in exchange for the promise of eternal happiness in some far-away heaven. This was published in a newspaper which caused much agitation among the followers of Maskeraid. Some threatened violence against DeepThroat, while some others already started destroying properties while hurting those selling the newspaper. The local authorities, afraid of the public disorder that such followers might do, decided to ban the distribution of the newspaper containing the article. DeepThroat went to court complaining about the prohibition placed on the dissemination of his article. He claims that the act of the authorities partakes of the nature of heckler’s veto, thus a violation of the guaranty of press freedom. On the other hand, the authorities counter that the act was necessary to protect the public order and the greater interest of the community. If you were the judge, how would you resolve the issue? (4%)

The void-for-vagueness doctrine is a concept which means that: (1%) (A) if a law is vague, then it must be void. (B) any law which could not be understood by laymen is a nullity. (C) if a law is incomprehensible to ordinary people such that they do not really know what is required or prohibited, then the law must be struck down. (D) a government regulation that lacks clear standards is nonsensical and useless as a guide for human conduct. (E) clarity in legal language is a mandate of due process.

The overbreadth doctrine posits that the government: (1%) (A) must know the extent of its power. (B) when it exercises too much power it is like someone with bad breath — it is not healthy to society. (C) can enact laws which can reach outside its borders, like long-arm statues. (D) the government is prohibited in banning unprotected speech if a substantial amount of protected speech is restrained or chilled in the process.

Ambassador Gaylor is State Juvenus’ diplomatic representative to State Hinterlands. During one of his vacations, Ambassador Gaylor decided to experience for himself the sights and sounds of State Paradise, a country known for its beauty and other attractions. While in State Paradise, Ambassador Gaylor was caught in the company of children under suspicious circumstances. He was arrested for violation of the strict anti-pedophilia statute of State Paradise. He claims that he is immune from arrest and incarceration by virtue of his diplomatic immunity. Does the claim of Ambassador Gaylor hold Water? (4%)

While Congress was in session, the President appointed eight acting Secretaries. A group of Senators from the minority bloc questioned the validity of the appointments in a petition before the Supreme Court on the ground that while Congress is in session, no appointment that requires confirmation by the Commission on Appointments, can be made without the latter's consent, and that an undersecretary should instead be designated as Acting Secretary. Should the petition be granted? (5%)

What is the legal effect of decisions of the International Court of Justice in cases submitted to it for resolution? (1%) (A) The decision is binding on other countries in similar situations. (B) The decision is not binding on any country, even the countries that are parties to the case. (C) The decision is binding only on the parties but only with respect to that particular case. (D) The decision is not binding on the parties and is only advisory. (E) The binding effect on the parties depends on their submission agreement.

Offended by the President's remarks that the Bureau of Customs is a pit of misfits and the corrupt, the Bureau of Customs Employees Association composed of 3,000 workers seeks your legal advice on how best to protest what it views to be the President's baseless remarks. A prudent legal advice is that ______. (1%) (A) employees can go on mass leave of absence for one week. (B) employees can march and rally at Mendiola every Monday. (C) employees can barricade the gates of the Port of Manila at South Harbor and call for the resignation of the incumbent Commissioner of Customs. (D) employees can wear black arm bands and pins with the word "UNFAIR" inscribed. (E) None of the above can legally be done.

The separation of Church and State is most clearly violated when ______. (1%) (A) the State funds a road project whose effect is to make a church more accessible to its adherents. (B) the State declares the birthplace of a founder of a religious sect as a national historical site. (C) the State expropriates church property in order to construct an expressway that, among others, provides easy access to the Church's main cathedral. (D) the State gives vehicles to bishops to assist them in church-related charitable projects. (E) the State allows prayers in schools for minor children without securing the prior consent of their parents.

May the power of cities to raise revenues be limited by an executive order of the President? (1%) (A) Yes, because local government units are under the administrative control of the President through the Department of Interior and Local Government. (B) No, because local government units now enjoy full local fiscal autonomy. (C) No, because only limitations established by Congress can define and limit the powers of local governments. (D) Yes, because the President has the power and authority to impose reasonable restrictions on the power of cities to raise revenues. (E) Yes, if so provided in a city's charter.

In the May 2013 elections, the Allied Workers' Group of the Philippines (AWGP), representing land-based and sea-based workers in the Philippines and overseas, won in the party list congressional elections. Atty. Abling, a labor lawyer, is its nominee. As part of the party's advocacy and services, Congressman Abling engages in labor counseling, particularly for local workers with claims against their employers and for those who need representation in collective bargaining negotiations with employers. When labor cases arise, AWGP enters its appearance in representation of the workers and the Congressman makes it a point to be there to accompany the workers, although a retained counsel also formally enters his appearance and is invariably there. Congressman Abling largely takes a passive role in the proceedings although he occasionally speaks to supplement the retained counsel's statements. It is otherwise in CBA negotiations where he actively participates. Management lawyers, feeling that a congressman should not actively participate in cases before labor tribunals and before employers because of the influence a congressman can wield, filed a disbarment case against the Congressman before the Supreme Court for his violation of the Code of Professional Responsibility and for breach of trust, in relation particularly with the prohibitions on legislators under the Constitution. Is the cited ground for disbarment meritorious? (6%)

As a leading member of the Lapiang Mandirigma in the House of Representatives, you were tasked by the party to initiate the moves to impeach the President because he entered into an executive agreement with the US Ambassador for the use of the former Subic Naval Base by the US Navy, for free, i.e., without need to pay rent nor any kind of fees as a show of goodwill to the U.S. because of the continuing harmonious RP-US relations. Cite at least two (2) grounds for impeachment and explain why you chose them. (6%)

The President entered into an executive agreement with Vietnam for the supply to the Philippines of animal feeds not to exceed 40,000 tons in any one year. The Association of Animal Feed Sellers of the Philippines questioned the executive agreement for being contrary to R.A. 462 which prohibits the importation of animal feeds from Asian countries. Is the challenge correct? (1%) (A) Yes, the executive agreement is contrary to an existing domestic law. (B) No, the President is solely in charge of foreign relations and all his actions in this role form part of the law of the land. (C) No, international agreements are sui generis and stand independently of our domestic laws. (D) Yes, the executive agreement is actually a treaty which does not take effect without ratification by the Senate. (E) Yes, the challenge is correct because there is no law empowering the President to undertake the importation.

Senator GSC proposed a bill increasing excise taxes on tobacco and alcohol products. The generated incremental revenues shall be used for the universal health care program for all Filipinos and for tobacco farmers' livelihood. After the Senate passed the bill on third reading, it was transmitted to the House of Representatives which approved the bill in toto. The President eventually signed it into law. Atty. JFC filed a petition before the Supreme Court, questioning the constitutionality of the new law. Is the law constitutional? (1%) (A) The law is constitutional because it is for a public purpose and has duly satisfied the three-readings-on-separate-days rule in both Houses. (B) The law is unconstitutional because it violates the equal protection clause of the Constitution; it is limited only to alcohol and liquor products. (C) It is constitutional because of the Enrolled Bill Theory. (D) It is constitutional because it is valid in form and substance and complied with the required lawmaking procedures. (E) None of the above is correct.

A child born under either the 1973 or the 1987 Constitution, whose father or mother is a Filipino citizen at the time of his birth, is ______. (1%) (A) not a Filipino citizen as his father and mother must both be Filipino citizens at the time of his birth. (B) not a Filipino citizen if his mother is a Filipino citizen but his father is not, at the time of his birth. (C) a Filipino citizen no matter where he or she may be born. (D) a Filipino citizen provided the child is born in the Philippines. (E) a Filipino citizen if he or she so elects upon reaching the age of 21.

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 company engaged in maintenance work. The Agreement binds CBM, for a defined fee, to maintain the Embassy's elevators, air-conditioning units and electrical facilities. Section 10 of the Agreement provides that the Agreement shall be governed by Philippine laws and that any legal action shall be brought before the proper court of Makati. Kafiristan terminated the Agreement because CBM allegedly did not comply with their agreed maintenance standards. CBM contested the termination and filed a complaint against Kafiristan before the Regional Trial Court of Makati. The Ambassador wants you to file a motion to dismiss on the ground of state immunity from suit and to oppose the position that, under Section 10 of the Agreement, Kafiristan expressly waives its immunity from suit. Under these facts, can the Embassy successfully invoke immunity from suit? (6%)

In the last quarter of 2012, about 5,000 container vans of imported goods intended for the Christmas Season were seized by agents of the Bureau of Customs. The imported goods were released only on January 10, 2013. A group of importers got together and filed an action for damages before the Regional Trial Court of Manila against the Department of Finance and the Bureau of Customs. The Bureau of Customs raised the defense of immunity from suit and, alternatively, that liability should lie with XYZ Corp., which the Bureau had contracted for the lease of ten (10) high powered van cranes but delivered only five (5) of these cranes, thus causing the delay in its cargo-handling operations. It appears that the Bureau, despite demand, did not pay XYZ Corp. the Php1.0 Million deposit and advance rental required under their contract. (B) Can XYZ Corp. sue the Bureau of Customs to collect rentals for the delivered cranes? (5%)

Congress passed Republic Act No. 7711 to comply with the United Nations Convention on the Law of the Sea. In a petition filed with the Supreme Court, Anak Ti Ilocos, an association of Ilocano professionals, argued that Republic Act No. 7711 discarded the definition of the Philippine territory under the Treaty of Paris and in related treaties; excluded the Kalayaan Islands and the Scarborough Shoals from the Philippine Archipelagic baselines; and converted internal waters into archipelagic waters. Is the petition meritorious? (6%)

Bobby, an incoming third year college student, was denied admission by his university, a premiere educational institution in Manila, after he failed in three (3) major subjects in his sophomore year. The denial of admission was based on the university's rules and admission policies. Unable to cope with the depression that his non-admission triggered, Bobby committed suicide. His family sued the school for damages, citing the school's grossly unreasonable rules that resulted in the denial of admission. They argued that these rules violated Bobby's human rights and the priority consideration that the Constitution gives to the education of the youth. You are counsel for the university. Explain your arguments in support of the university's case. (6%)

Patricio was elected member of the House of Representative in the May 2010 Elections. His opponent Jose questioned Patricio's victory before the House of Representatives Electoral Tribunal and later with the Supreme Court. In a decision promulgated in November 2011, the Court ruled in Jose's favor; thus, Patricio was ousted from his seat in Congress. Within a year from that decision, the President can appoint Patricio ______. (1%) (A) only as a member of the board of directors of any government owned and controlled corporation. (B) only as a deputy Ombudsman. (C) only as a Commissioner of the Civil Service Commission. (D) only as Chairman of the Commission on Elections. (E) to any position as no prohibition applies to Patricio.

Conrad is widely known in the neighborhood as a drug addict. He is also suspected of being a member of the notorious "Akyat-Condo Gang" that has previously broken into and looted condominium units in the area. Retired Army Colonel Sangre - who is known as an anti-terrorism fighter who disdained human and constitutional rights and has been nicknamed "terror of Mindanao" - is now the Head of Security of Capricorn Land Corporation, the owner and developer of Sagittarius Estates where a series of robberies has recently taken place. On March 1, 2013, Conrad informed his mother, Vannie, that uniformed security guards had invited him for a talk in their office but he refused to come. Later that day, however, Conrad appeared to have relented; he was seen walking into the security office flanked by two security guards. Nobody saw him leave the office afterwards. Conrad did not go home that night and was never seen again. The following week and after a week-long search, Vannie feared the worst because of Col. Sangre's reputation. She thus reported Conrad's disappearance to the police. When nothing concrete resulted from the police investigation, Vannie - at the advice of counsel - filed a petition for a writ of amparo to compel Col. Sangre and the Sagittarius Security Office to produce Conrad and to hold them liable and responsible for Conrad's disappearance. (A) Did Vannie's counsel give the correct legal advice? (6%)

The provision under the Constitution - that any member who took no part, dissented, or inhibited from a decision or resolution must state the reason for his dissent or non-participation - applies ______. (1%) (A) only to the Supreme Court. (B) to both the Supreme Court and the Court of Appeals. (C) to the Supreme Court, Court of Appeals and the Sandiganbayan. (D) to the Supreme Court, the Court of Appeals, the Sandiganbayan and the Court of Tax Appeals. (E) to all collegial judicial and quasi-judicial adjudicatory bodies.

Choose the least accurate statement about the independence guaranteed by the 1987 Constitution to the following constitutional bodies: (1%) (A) The Constitution guarantees the COMELEC decisional and institutional independence similar to that granted to the Judiciary. (B) All bodies labeled as "independent" by the Constitution enjoy fiscal autonomy as an attribute of their independence. (C) Not all bodies labeled as "independent" by the Constitution were intended to be independent from the Executive branch of government. (D) The Constitution guarantees various degrees of independence from the other branches of government when it labels bodies as "independent". (E) The COMELEC, the COA, and the CSC enjoy the same degree of independence.

The equal protection clause is violated by ______. (1%) (A) a law prohibiting motorcycles from plying on limited access highways. (B) a law granting Value Added Tax exemption to electric cooperatives that sells electricity to the "homeless poor." (C) a law providing that a policeman shall be preventively suspended until the termination of a criminal case against him. (D) a law providing higher salaries to teachers in public schools who are "foreign hires." (E) a law that grants rights to local Filipino workers but denies the same rights to overseas Filipino workers.

As he was entering a bar, Arnold - who was holding an unlit cigarette in his right hand - was handed a match box by someone standing near the doorway. Arnold unthinkingly opened the matchbox to light his cigarette and as he did so, a sprinkle of dried leaves fell out, which the guard noticed. The guard immediately frisked Arnold, grabbed the matchbox, and sniffed its contents. After confirming that the matchbox contained marijuana, he immediately arrested Arnold and called in the police. At the police station, the guard narrated to the police that he personally caught Arnold in possession of dried marijuana leaves. Arnold did not contest the guard's statement; he steadfastly remained silent and refused to give any written statement. Later in court, the guard testified and narrated the statements he gave the police over Arnold's counsel's objections. While Arnold presented his own witnesses to prove that his possession and apprehension had been set-up, he himself did not testify. The court convicted Arnold, relying largely on his admission of the charge by silence at the police investigation and during trial. From the constitutional law perspective, was the court correct in its ruling? (6%)

In the last quarter of 2012, about 5,000 container vans of imported goods intended for the Christmas Season were seized by agents of the Bureau of Customs. The imported goods were released only on January 10, 2013. A group of importers got together and filed an action for damages before the Regional Trial Court of Manila against the Department of Finance and the Bureau of Customs. The Bureau of Customs raised the defense of immunity from suit and, alternatively, that liability should lie with XYZ Corp., which the Bureau had contracted for the lease of ten (10) high powered van cranes but delivered only five (5) of these cranes, thus causing the delay in its cargo-handling operations. It appears that the Bureau, despite demand, did not pay XYZ Corp. the Php1.0 Million deposit and advance rental required under their contract. (A) Will the action by the group of importers prosper? (5%)

A robbery with homicide had taken place and Lito, Badong and Rollie were invited for questioning based on the information furnished by a neighbor that he saw them come out of the victim's house at about the time of the robbery/killing. The police confronted the three with this and other information they had gathered, and pointedly accused them of committing the crime. Lito initially resisted, but eventually broke down and admitted his participation in the crime. Elated by this break and desirous of securing a written confession soonest, the police called City Attorney Juan Buan to serve as the trio's counsel and to advise them about their rights during the investigation. Badong and Rollie, weakened in spirit by Lito's early admission, likewise admitted their participation. The trio thus signed a joint extra-judicial confession which served as the main evidence against them at their trial. They were convicted based on their confession. Should the judgment of conviction be affirmed or reversed on appeal? (5%)

At the Senate impeachment trial of Justice Pablo P. San Quintin, Hon. Emilio A. Tan, Congressman and Impeachment Panel Manager, wrote the Supreme Court requesting that the prosecutors be allowed to examine the court records of Stewards Association of the Philippines, Inc. (SAP) v. Filipinas Air, et al., G.R. No. 987654, a case that is still pending. The High Court ______. (1%) (A) may grant the request by reason of inter-departmental courtesy. (B) may grant the request as the records of the Filipinas Air case are public records. (C) should deny the request since records of cases that are pending for decision are privileged except only for pleadings, orders and resolutions that are available to the public. (D) should deny the request because it violates the Court's independence and the doctrine of separation of powers. (E) should grant the request because of the sui generis nature of the power of impeachment, provided that the Bill of Rights is not violated.

Which of the following statements is correct? (1%) (A) The President, with the concurrence of the Monetary Board, can guarantee a foreign loan on behalf of the Republic of the Philippines. (B) Congress may, by law, provide limitations on the President's power to contract or guarantee foreign loans on behalf of the Republic of the Philippines. (C) In order to be valid and effective, treaties and executive agreements must be concurred in by at least two-thirds of all the Members of the Senate. (D) The President shall, at the end of every quarter of the calendar year, submit to Congress a complete report of the loans contracted or guaranteed by the Government or government-owned and controlled corporations. (E) All the above choices are defective in some respects.

Rafael questioned the qualifications of Carlos as congressman of the Third District of Manila on the ground that Carlos is a citizen of the USA. The decision disqualifying Carlos for being a US citizen came only in March 2010, i.e., after the adjournment of the session of Congress on the 3rd year of the position's three-year term. What was Carlos' status during his incumbency as congressman? (1%) (A) He was a de jure officer, having been duly elected and proclaimed. (B) He was not a public officer because he effectively was not entitled to be a congressman. (C) He was a de jure officer since he completed the service of his term before he was disqualified. (D) He was a de facto officer since he had served and was only disqualified later. (E) He neither possesses de jure nor de facto status as such determination is pointless.

Mr. Sinco sued the government for damages. After trial, the court ruled in his favor and awarded damages amounting to P50 million against the government. To satisfy the judgment against the government, which valid option is available to Mr. Sinco? (1%) (A) Garnish the government funds deposited at the Land Bank. (B) File a claim with the Commission on Audit (COA) pursuant to Commonwealth Act 327, as amended by Presidential Decree 1445. (C) Make representations with the Congress to appropriate the amount to satisfy the judgment. (D) File a petition for mandamus in court to compel Congress to appropriate P50 million to satisfy the judgment. (E) Proceed to execute the judgment as provided by the Rules of Court because the State allowed itself to be sued.

Candida has been administratively charged of immorality for openly living with Manuel, a married man. Candida argues that her conjugal arrangement with Manuel fully conforms with their religious beliefs and with the teachings of their church. In resolving whether Candida should be administratively penalized, which is the best test to apply? (1%) (A) Clear and Present Danger Test (B) Compelling State Interest Test (C) Balancing of interests Test (D) Conscientious Objector Test (E) Dangerous Tendency Test

Congress enacted Republic Act No. 1234 requiring all candidates for public offices to post an election bond equivalent to the one (1) year salary for the position for which they are candidates. The bond shall be forfeited if the candidates fail to obtain at least 10% of the votes cast. Is Republic Act No. 1234 valid? (1%) (A) It is valid as the bond is a means of ensuring fair, honest, peaceful and orderly elections. (B) It is valid as the bond requirement ensures that only candidates with sufficient means and who cannot be corrupted, can run for public office. (C) It is invalid as the requirement effectively imposes a property qualification to run for public office. (D) It is invalid as the amount of the surety bond is excessive and unconscionable. (E) It is valid because it is a reasonable requirement; the Constitution itself expressly supports the accountability of public officers.

Who has control of the expenditure of public funds? (1%) (A) The Office of the President through the Department of Budget and Management. (B) The House of Representatives from where all appropriation bills emanate. (C) The Senate through its Committee on Finance. (D) The Congress of the Republic of the Philippines. (E) Both the members of Congress and the President acting jointly, if so provided by the General Appropriations Act.

In her interview before the Judicial and Bar Council (JBC), Commissioner Annie Amorsolo of the National Labor Relations Commission claims that she should be given credit for judicial service because as NLRC Commissioner, she has the rank of a Justice of the Court of Appeals; she adjudicates cases that are appealable to the Court of Appeals; she is assigned car plate No. 10; and she is, by law, entitled to the rank, benefits and privileges of a Court of Appeals Justice. If you are a member of the JBC, would you give credit to this explanation? (6%)

Congress enacted a law providing for trial by jury for those charged with crimes or offenses punishable by reclusion perpetua or life imprisonment. The law provides for the qualifications of members of the jury, the guidelines for the bar and bench for their selection, the manner a trial by jury shall operate, and the procedures to be followed. Is the law constitutional? (6%)

Which of the following provisions of the Constitution does not confer rights that can be enforced in the courts but only provides guidelines for legislative or executive action? (1%) (A) The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. (B) The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. (C) The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. (D) The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. (E) All the above only provide guidelines and are not self-executing.

Under the UN Convention on the Law of the Sea, the exclusive economic zone refers to an area ______. (1%) (A) that is at least 100 miles from the baselines from which the outer limit of the territorial sea is measured. (B) that is at least 200 miles but not to exceed 300 miles from the baselines from which the outer limit of the territorial sea is measured. (C) beyond and adjacent to a country's territorial sea which cannot go beyond 200 nautical miles from the baselines from which the outer limit of the territorial sea is measured. (D) that can go beyond 3 nautical miles but cannot extend 300 nautical miles from the baselines from which the outer limit of the territorial sea is measured. (E) None of the above.

Conrad is widely known in the neighborhood as a drug addict. He is also suspected of being a member of the notorious "Akyat-Condo Gang" that has previously broken into and looted condominium units in the area. Retired Army Colonel Sangre - who is known as an anti-terrorism fighter who disdained human and constitutional rights and has been nicknamed "terror of Mindanao" - is now the Head of Security of Capricorn Land Corporation, the owner and developer of Sagittarius Estates where a series of robberies has recently taken place. On March 1, 2013, Conrad informed his mother, Vannie, that uniformed security guards had invited him for a talk in their office but he refused to come. Later that day, however, Conrad appeared to have relented; he was seen walking into the security office flanked by two security guards. Nobody saw him leave the office afterwards. Conrad did not go home that night and was never seen again. The following week and after a week-long search, Vannie feared the worst because of Col. Sangre's reputation. She thus reported Conrad's disappearance to the police. When nothing concrete resulted from the police investigation, Vannie - at the advice of counsel - filed a petition for a writ of amparo to compel Col. Sangre and the Sagittarius Security Office to produce Conrad and to hold them liable and responsible for Conrad's disappearance. (B) If the petition would prosper, can Col. Sangre be held liable and/or responsible for Conrad's disappearance? (6%)

Mr. Brown, a cigarette vendor, was invited by PO1 White to a nearby police station. Upon arriving at the police station, Brown was asked to stand side-by-side with five (5) other cigarette vendors in a police line-up. PO1 White informed them that they were looking for a certain cigarette vendor who snatched the purse of a passer-by and the line-up was to allow the victim to point at the vendor who snatched her purse. No questions were to be asked from the vendors. Briefly enumerate the so-called “Miranda Rights”. (2%)

What is the doctrine of “overbreadth”? In what context can it be correctly applied? Not correctly applied? Explain. (5%)

In a protest rally along Padre Faura Street, Manila, Pedrong Pula took up the stage and began shouting “kayong mga kurakot kayo! Magsiresign na kayo! Kung hindi, manggugulo kami dito!” (“you corrupt officials, you better resign now, or else we will cause trouble here!”) Simultaneously, he brought out a rock the size of a fist and pretended to hurl it at the flagpole area of a government building. He did not actually throw the rock. What is “commercial speech”? Is it entitled to constitutional protection? What must be shown in order for government to curtail “commercial speech”? Explain. (3%)

Which one of the following is NOT an independent Constitutional Commission under Article IX, Section 1 of the Constitution: (A) Commission on Elections. (B) Commission on Human Rights. (C) Civil Service Commission. (D) Commission on Audit.

The independent Constitutional Commissions enjoy: (A) decisional autonomy. (B) organizational autonomy. (C) fiscal autonomy. (D) quasi-judicial autonomy.

The privilege of the writ of habeas corpus shall not be suspended except in cases of: (A) imminent danger of invasion or rebellion when the public safety requires it. (B) grave danger of invasion or rebellion when the public safety requires it. (C) clear and present danger of invasion or rebellion when the public safety requires it. (D) invasion or rebellion when the public safety requires it.

In Oposa vs. Factoran, Jr., G.R. No. 101083, July 30, 1993, the Supreme Court held that the personality of the petitioners to sue is based on the concept of: (A) ecological responsibility. (B) environmental accountability. (C) intergenerational responsibility. (D) interdisciplinary responsibility.

The free exercise and non-establishment clauses pertain to which right under the Bill of Rights: (A) Liberty of movement. (B) Liberty of abode. (C) Religion. (D) Life and liberty.

Mr. Violet was convicted by the RTC of Estafa. On appeal, he filed with the Court of Appeals a Motion to Fix Bail for Provisional Liberty Pending Appeal. The Court of Appeals granted the motion and set a bail amount in the sum of Five (5) Million Pesos, subject to the conditions that he secure “a certification/guaranty from the Mayor of the place of his residence that he is a resident of the area and that he will remain to be a resident therein until final judgment is rendered or in case he transfers residence, it must be with prior notice to the court”. Further, he was ordered to surrender his passport to the Division Clerk of Court for safekeeping until the court orders its return. Are “liberty of abode” and “the right to travel” absolute rights? Explain. What are the respective exception/s to each right if any? (5%)

When the Supreme Court sits in division, cases can be decided by as few as a minimum of: (A) three votes. (B) four votes. (C) ve votes. (D) six votes.

Provisions unrelated to an appropriation bill are considered prohibited. These are called: (A) interlopers. (B) riders. (C) outriggers. (D) add-ons.

Article V1, Section 5(3) of the Constitution requires that for a city to be entitled to have at least one representative, its population shall be at least: (A) 250,000. (B) 150,000. (C) 100,000. (D) 175,000. A Senator or Member of the House of

The Gangnam Style’s Witnesses (whose tenets are derogatory to the Catholic Church), applied for a permit to use the public plaza and kiosk to hold their religious meeting on the occasion of their founding anniversary. Mayor Lebron allowed them to use the northwestern part of the plaza but not the kiosk (which is a few meters away from the Catholic church). Members of the Gangnam Style Witnesses claim that the act of Mayor Lebron is a violation of their freedom of assembly and religion. Is this correct? (A) N0, because this is valid exercise of police power. (B) Yes, because the plaza being of public use can be used by anybody regardless of religious belief. (C) No, because historical experience shows that peace and order may be disturbed whenever two opposing religious groups or beliefs expound their dogmas. (D) Yes, because there is no clear and present danger in holding a religious meeting by another religious group near a catholic church.

Judge Red is the Executive Judge of Green City. Red is known to have corrupt tendencies and has a reputation widely known among practicing lawyers for accepting bribes. Ombudsman Grey, wishing to “clean up” the government from errant public officials, initiated an investigation on the alleged irregularities in the performance of duties of Judge Red. Judge Red refused to recognize the authority of the Office of the Ombudsman over him because according to him, any administrative action against him or any court official or employee falls under the exclusive jurisdiction of the Supreme Court. Decide with reasons. (5%)

Mr. Yellow and Mr. Orange were the leading candidates in the vice-presidential elections. After elections, Yellow emerged as the winner by a slim margin of 100,000 votes. Undaunted, Orange filed a protest with the Presidential Electoral Tribunal (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. What is judicial power? Explain briefly. (2%)

Where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and dangerous and he identifies himself and makes reasonable inquiries, but nothing serves to dispel his reasonable fear for his own or other’s safety, he is entitled to conduct a carefully limited search of the outer clothing of such persons for weapons. Such search is constitutionally permissible and is known as a: (A) stop and search. (B) stop and frisk. (C) stop and interrogate. (D) stop and detain.

In the judicial review of decisions of administrative agencies, the Administrative Code requires that, except when specifically provided otherwise by law: (A) the findings of law of agency when supported by substantial evidence, shall be final. (B) the findings of fact of the agency when supported by preponderant evidence, shall be final. (C) the findings of fact of the agency when supported by substantial evidence, shall be final. (D) the findings of law of the agency when supported by credible evidence, shall be final.

Mayor Pink is eyeing re-election in the next mayoralty race. It was common knowledge in the town that Mayor Pink will run for re-election in the coming elections. The deadline for filing of Certificate of Candidacy (CoC) is on March 23 and the campaign period commences the following day. One month before the deadline, Pink has yet to file her CoC, but she has been going around town giving away sacks of rice with the words “Mahal Tayo ni Mayor Pink” printed on them, holding public gatherings and speaking about how good the town is doing, giving away pink t-shirts with “Kay Mayor Pink Ako” printed on them. Mr. Green is the political opponent of Mayor Pink. In April, noticing that Mayor Pink had gained advantage over him because of her activities before the campaign period, he filed a petition to disqualify Mayor Pink for engaging in an election campaign outside the designated period. Rule on the petition. (5%)

SALN means: (A) Summary of assets, liabilities and net Worth. (B) Statement of assets in banks, liabilities and net worth. (C) Statement of assets, liabilities and net worth. (D) Statement of personal assets, liabilities and net worth.

Mr. Yellow and Mr. Orange were the leading candidates in the vice-presidential elections. After elections, Yellow emerged as the winner by a slim margin of 100,000 votes. Undaunted, Orange filed a protest with the Presidential Electoral Tribunal (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. Would the answer in (a.) be the same if Yellow and Orange were contending for a senatorial slot and it was the Senate Electoral Tribunal (SET) who issued the challenged ruling? (3%)

The death penalty shall not be imposed: (A) unless for compelling reasons involving death penalty crimes and the executive hereafter provides for it. (B) unless for compelling reasons involving heinous crimes and a constitutional amendment provides for it. (C) unless for compelling reasons involving heinous crimes and Congress hereafter provides for it. (D) unless for compelling reasons involving heinous crimes and the Supreme Court hereafter upholds it.

The Constitution declares that the Philippines is a republican state. Republicanism means: (A) the form of government must be presidential. the representatives of the govern- (B) ment are elected by the people. (C) sovereignty resides in the elected representatives of the government. (D) the form of government cannot be changed by the people.

Constitution is defined by Cooley as: (A) a body of statutory, administrative and political provisions by which the three branches of government are defined. (B) a body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. (C) a body of rules and edicts emanating from the rulings of courts and written guidelines of the executive and the legislature by which government is governed. (D) a body of interpretations and rules by which the three branches of government are judged for purposes of sovereign compliance with good corporate governance.

Which phrase best completes the statement - The starting point of the principle of separation of powers is the assumption of the division of the functions of government into three distinct classes: (A) the bill of rights, state policies, and social justice and human rights. (B) the accountability of public officers, the constitutional commissions, and the national economy and patrimony. (C) the self-executing provisions, the non-selfexecuting provisions, and the self-evident social justice provisions. (D) the executive, the legislative, and the judicial.

The rule in Article V1, Section 5 (3) of the Constitution that “Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory” is a prohibition against: (A) re-apportionment. (B) commandeering of votes. (C) Gerrymandering. (D) re-districting.

The requirement that “Every bill shall embrace only one subject which shall be expressed in the title thereof” prevents: (A) rollercoaster legislation. (B) log-rolling legislation. (C) rolling elds legislation. (D) loggerhead legislation.

A chief characteristic of the presidential form of government is: (A) concentration of power in the judiciary thru the power of expanded judicial review. (B) supremacy of the presidency compared to the totality of powers of the legislative. (C) regular periodic election of the President for a fixed term. (D) unlimited term for the President for as long as elected by the people in free and honest elections.

If by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuring fiscal year, the general appropriations law for the preceding fiscal year shall be deemed: (A) referred. (B) unacted. (C) relled. (D) re-enacted.

Which one of the following theories does not support the valid delegation of authority by the Congress to an administrative agency: (A) an administrative agency may “ll up the details” of a statute. (B) the legislature may leave to another body the ascertainment of facts necessary to bring the law into actual operation. (C) an administrative agency has equal expertise with the legislature in crafting and implementing laws. (D) contingent legislation. POLITICAL LAW AND Pusuc INTERNATIONAL LAW

No liability can attach to a false, defamatory statement if it relates to official conduct, unless the public official concerned proves that the statement was with knowledge that it was false or with reckless disregard of whether it was false or not. This is known as what rule? (A) Libel malice rule. (B) Actual malice rule. (C) Malice in fact rule. (D) Legal malice rule.

The three essential parts of a Constitution are: (A) the bill of rights, governmental organization and functions, and method of amendment. (B) the preamble, the bill of rights, and provisions on checks and balances. (C) the national territory, the declaration of principles and state policies, and the transitory provisions. (D) the executive department, the legislative department and the judiciary.

Which one of the following is a non-selfexecuting provision of the Constitution: (A) no law shall be passed abridging the freedom of speech. (B) no law shall be made respecting an establishment of religion. (C) no person shall be held to answer for a criminal offense without due process of law. (D) the state shall encourage and support researches and studies on the arts and culture.

A tax is progressive when: (A) the rate uctuates as the tax base decreases. (B) the rate increases as the tax base remains the same. (C) the rate increases as the tax base increases. (D) the rate decreases as the tax base increases.

The most essential, insistent and the least limitable of (government) powers, extending as it does to all the great public needs, is: (A) emergency power. (B) police power. (C) legislative power. (D) power to declare martial law.

In an amendment to the constitution by “initiative and referendum”, the “initiative” phase is meant that the people propose the amendments. There is a valid proposal when a proposition has received the approval of: (A) at least 8% of the persons of majority age of each district, and 12% of the registered voters of the region from proposal emanates. (B) at least 3% of the registered voters of each province and 12% of the total number of registered voters nationwide. (C) at least 3% of the registered voters of each district and 12% of the total number of registered voters nationwide. more than 3% of the 3% of the registered (D) voters of each district but less than 12% of the total number of registered voters nationwide.

Dual allegiance by citizen is: (A) inimical to the national interest and is therefore proscribed by law. (B) inimical to the national interest and is therefore prescribed by law. (C) inimical to the national interest and therefore shall be dealt with by law. (D) inimical to the national interest and is therefore outside of coverage of law.

Which of the following can be changed by an ordinary law enacted by Congress? (A) Commencement of the term of office of Senators. (B) Date of regular election for President and Vice Presidential. (C) Authority to transfer appropriation. (D) Regular election of the members of Congress. [Notez (d) is offered as an acceptable answer. (Constitution, Article VII, Section 4, 3"’ paragraph)]

The constitutional provision on initiative and referendum is not self-executory. This is so because it requires: (A) an implementing resolution from the COMELEC. (B) an implementing resolution from the Supreme Court. (C) an implementing legislation. (D) an implementing resolution from the party-list representative of the House of Representatives.

No Senator or member of the House of Representatives may personally appear as counsel before: (A) any regional court. (B) any court of justice. (C) any inferior court. (D) any appellate court.

When the Supreme Court sits en banc, cases are decided by the concurrence of a majority of the members who: (A) actually sent in memos on matters for deliberation and called in their votes thereon. (B) actually participated in the oral arguments and voted thereon. (C) actually took part in the deliberations on the issues in the case and voted thereon. (D) actually took part in the voting thereon and took notes on the actual deliberations.

Market value for purposes of determining just compensation in eminent domain has been described as the fair value of property: (A) between one who desires to purchase and one does not desire to sell. (B) between one who desires to purchase and one who wants to delay selling. (C) between one who desires to purchase and one who desires to sell. (D) between one who desires to purchase on terms and one who desires to sell after a period of time.

Which is NOT an impeachable public officer? (A) A justice of the Supreme Court. (B) A commissioner of the Comelec. (C) The administrator of the Supreme Court. (D) The Ombudsman.

The Constitution provides that the “separation of church and state shall be inviolable.” This is implemented most by the constitutional principles embodied in: (A) the free exercise clause. (B) the non-establishment clause. (C) the freedom of religious belief clause. (D) the freedom of religion clause.

The power of the President to veto any particular part in an appropriation revenue, or tariff bill, is called the: (A) specic veto. (B) revenue veto. (C) item veto. (D) monetary veto.

Theright of the accused against selfincrimination will be violated if: he is charged with violation of the (A) Anti-Money Laundering Act and he was required to produce his bank passbook. (B) he is a public officer charged with amassing ill-gotten wealth and his statement of assets and liabilities will be presented as evidence. (C) his gun was subjected to a ballistics test. (D) a sample of his blood was taken if his blood type matches the blood type found at the scene of the crime.

Under Article 38(1) of the Statute of the International Court of Justice, which one of the following is NOT considered a source of international law: (A) international conventions. (B) international custom. (C) international humanitarian law. (D) general principles of law.

All persons charged shall, before conviction, be bailable by sufficient sureties, except those charged with: (A) offenses punishable by death when evidence of guilt is strong. offenses punishable by life impris- (B) onment when evidence of guilt is strong. (C) offenses punishable by death when evidence of guilt is weak. (D) offenses punishable by reclusion perpetua when evidence of guilt is strong. [Notez (d) is offered as an acceptable answer.]

Margarita was born in 1986 to a Filipino mother and Swedish father. She has been living and continues to live in the US for the last 20 years and has also been naturalized as a US citizen. She recently reacquired Philippine citizenship under RA 9225, the Citizenship Retention and Reacquisition Act of 2003. Can Margarita vote in the next national elections? (A) Yes. Dual citizens who are not residents may register under the Overseas Absentee Voting Law. (B) Yes. Margarita is a Filipino citizen and thus may enjoy the right to suffrage like everyone else without registering as an overseas absentee voter. (C) No. Margarita fails the residency requirement under Section 1, Article V of the Constitution for Filipinos. (D) No. Dual citizens upon renunciation of their Filipino citizenship and acquisition of foreign citizenship, have practically and legally abandoned their domicile and severed their legal ties to their homeland as a consequence.

Congress shall have the sole power to declare the existence of a state of war by vote of: (A) three-fourths of both Houses in joint session assembled, voting jointly. (B) two-thirds of both Houses in joint session assembled, voting jointly. (C) two-thirds of both Houses in separate session assembled, voting jointly. POLITICAL LAW AND Pusuc INTERNATIONAL LAW (D) two-thirds of both Houses in joint session, voting separately.

Under Article III, Section 2 of the Bill of Rights, which provides for the exclusion of evidence that violates the right to privacy of communication and correspondence, to come under the exclusionary rule, the evidence must be obtained by: (A) private individuals acting on their own. (B) government agents. (C) private individuals acting on orders of superiors. (D) former high government ofcials.

At least one-third of all the members of the House of Representatives may file articles of impeachment by: (A) veried bill and resolution. (B) verified complaint and resolution. (C) veried notice and resolution. (D) veried complaint and notice.

Bona fide associations of citizens which demonstrate capacity of promote the public interest and with identifiable leadership, membership, and structure are: (A) independent party-list organizations. (B) independent sectoral organizations. (C) independent indigenous organizations. (D) independent people’s organizations.

The “operative fact” doctrine of constitutional law is applied when a law is declared: (A) operative. (B) factual. (C) constitutional. (D) unconstitutional.

The Ombudsman and his deputies are appointed by the President from a list prepared by: (A) the Integrated Bar of the Philippines. (B) the Commission on Appointments. (C) the Judicial and Bar Council. (D) the Supreme Court.

Academic freedom shall be enjoyed: (A) in all public institutions. (B) in all elementary and high schools. (C) in all schools. (D) in all institutions of higher learning.

It is a maritime zone adjacent to the territorial seas where the coastal state may exercise certain protective jurisdiction: (A) baseline zone. (B) contiguous zone. (C) transit zone. (D) appurtenant zone.

In the judicial review of decisions of administrative agencies, the Administrative Code requires that the review shall be made: (A) on the basis of the pleadings taken as a whole. (B) on the basis of the record taken as a whole. (C) on the basis of the evidence taken as a whole. (D) on the basis of the memoranda taken as a Whole.

In which of the following would there be no double jeopardy even if a subsequent case is filed? (A) Pot is accused before the RTC of qualified theft. After innumerable postponements against Pot’s wishes, he moves for dismissal for denial of the right to a speedy trial. Prosecutor objected. Dismissal granted. (B) Pot is accused before the RTC of qualified theft. After innumerable postponements against Pot’s wishes, the prosecutor moves for dismissal with the consent of Pot. Granted. (C) Pot is accused before the RTC of qualified theft. After innumerable postponements against Pot’s Wishes, he moves for dismissal for denial of the right to a speedy trial. Prosecutor posts no objections. Dismissal granted. (D) Pot is accused before the RTC of qualified theft. After innumerable postponements against Pot’s wishes, the prosecutor moves for dismissal over the objections of Pot. Granted.

A bill of attainder is: (A) an executive act which inflicts punishment without tender. (B) a judicial act which inflicts punishment without tender. (C) a legislative act which inflicts punishment without trial. (D) a legislative act which pardons punishment after tender.

The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines only upon prior concurrence of the: (A) House of Representatives. (B) Senate. (C) Central Bank. (D) Monetary Board.

Which one of the enumeration below does not come under the Administrative Code definition of a “rule”? (A) Agency statement of general applicability that implements or interprets a law. (B) Fixes and describes the procedures in or practice requirements of, an agency. (C) Includes memoranda and statements concerning internal administration. (D) An agency process for the formulation of a final order.

“Chilling effect” is a concept used in the area of constitutional litigation affecting: (A) protected speech. (B) protected executive privilege. (C) protected legislative discretion. (D) protected judicial discretion.

The complementing regime that best characterizes the guarantees of freedom of speech and of the press are: (A) prior punishment and moderate punishment. (B) prior censorship and subsequent remedies. (C) no prior restraint and subsequent punishment. (D) no prior restraint and no subsequent punishment.

Criminal trial may proceed, notwithstanding the absence of the accused provided that he has been duly notified, and his failure to appear is unjustifiable, after: (A) preliminary investigation. (B) arraignment. (C) sentencing. (D) prosecution has rested its case.

The President cannot grant pardon in cases of impeachment. He may however exercise such power when: (A) a person convicted in an impeachment proceeding is subject to prosecution, trial and punishment in an ordinary criminal action. (B) a person convicted in an impeachment proceeding is granted an absolute pardon. (C) a person convicted in an impeachment proceeding les his appeal before the Supreme Court. (D) None of the above.

The requirement of the Administrative Code on “public participation” is that, if not otherwise required by law, an agency shall: (A) in all cases, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule. (B) in all clear and proper cases, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule. (C) as far as practicable, publish or circulate notices of proposed rules and afford the party-list parties the opportunity to submit their views prior to the adoption of any rule. (D) as far as practicable, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule.

Which one of the following circumstances is NOT an element of taking under eminent domain? (A) entering upon public property for a momentary period. (B) under color of legal authority. (C) devoting it to public use. (D) as substantially to oust the owner of all benecial ownership.

Which one is NOT among the Constitutionally mandated grounds for impeachment of impeachable officials: (A) culpable violation of the Constitution. (B) treason, bribery, graft and corruption and other high crimes. (C) betrayal of public trust. (D) culpable violation of the duty to be at all times accountable to the people.

The independent economic planning agency of the Government as provided for by the Constitution is the: (A) National Privatization Office. (B) National Productivity Commission. (C) National Economic Development Authority. (D) National Economic Council.

In international law, it is a norm which States cannot derogate or deviate from their agreements: (A) terra nullius. (B) opinio juris. (C) jus cogens. (D) jus cogentus. [Notez (c) is selected because it is closest to the correct answer, which is pacta sunt sevanda.]

One of the cardinal primary due process rights in administrative proceedings is that evidence must be “substantial.” “Substantial evidence” is: (A) less than a mere scintilla. (B) less than preponderant scintilla. (C) more than a glint of scintilla. (D) more than a mere scintilla. A statutory provision requiring the

The requisites of a valid trial in absentia exclude: (A) Wherein his/her failure to appear is unjustifiable. (B) Wherein he/she allows himself/herself to be identified by the witness in his/her absence, without further unqualified admitting that every time a witness mentions a name by which he/she is known, it shall be understood to refer to him/her. (C) Wherein he/she has been duly notified of the trial. (D) Wherein the accused has already been arraigned.

A public officer impeached and removed from office shall: (A) nevertheless be immune from prosecution, trial and punishment according to law. (B) nevertheless be liable and subject to prosecution, trial and punishment under the AntiGraft and Corrupt Practices Act. (C) nevertheless be liable and subject to prosecution, trial and punishment according to law. (D) nevertheless be liable and subject to prosecution, trial and punishment only for criminal acts under the law.

Optional religious instruction in public elementary and high schools is allowed provided it be: (A) without additional overtime cost to Government. (B) without additional cost to Government. (C) Without additional cost for religious books to Government. (D) without additional power consumption costs to Government.

It is a line from which the breadth of the territorial sea and other maritime zones is measured. (A) contiguous line. (B) economic line. (C) baseline. (D) archipelagic line.

Butchoy installed a jumper cable. He was prosecuted under a Makati ordinance penalizing such act. He moved for its dismissal on the ground that the jumper cable was within the territorial jurisdiction of Mandaluyong and not Makati. The case was dismissed. The City of Mandaluyong thereafter filed a case against him for theft under the Revised Penal Code (RCP). Is there double jeopardy? (A) No. The first jeopardy was terminated with his express consent. (B) Yes. This is double jeopardy of the second kind — prosecution for the same act under an ordinance and a law. (C) Yes. He is prosecuted for the same offense which has already been dismissed by the City of Makati. No. The second kind of double jeop- (D) ardy under Section 21, Article III only contemplates conviction or acquittal which could terminate a first jeopardy.

It is a form of entrapment. The method is for an officer to pose as a buyer. He, however, neither instigates nor induces the accused to commit a crime because in these cases, the “seller” has already decided to commit a crime. The offense happens right before the eyes of the officer. Under these circumstances: (A) there is a need for an administrative but not a judicial warrant for seizure of goods and arrest of the offender. (B) there is need for a warrant for the seizure of the goods and for the arrest of the offender. (C) there is no need for a warrant either for the seizure of the goods or for the arrest of the offender. (D) the offender can be arrested but there is a need for a separate Warrant for the seizure of the goods.

A verified impeachment complaint was filed by two hundred (200) Members of the House of Representatives against Madam Chief Justice Blue. The complaint was immediately transmitted to the Senate for trial. Enumerate the grounds for impeachment. Is graft and corruption a ground for impeachment? (2%)

Distinguish fully between the “free exercise of religion clause” and the “non-establishment of religion clause”. (3%)

President or an administrative agency to present the proposed implementing rules and regulations of a law to Congress which by itself or through a committee formed by it, retains a “right” or “power” to approve or disapprove such regulations before they may take effect, is a: (A) legislative encroachment. (B) legislative veto. (C) legislative oversight. (D) legislative scrutiny.

Accused was charged with slight illegal detention. On the day set for the trial, the trial court proceeded as follows: “Court: to the Q: “Do you have an attorney or accused: are you going to plead guilty?” A: “I have no lawyer and I will plead guilty.” 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. (B) right to be presumed innocent. (C) right to counsel. (D) right to production of evidence.

Mr. Brown, a cigarette vendor, was invited by PO1 White to a nearby police station. Upon arriving at the police station, Brown was asked to stand side-by-side with five (5) other cigarette vendors in a police line-up. PO1 White informed them that they were looking for a certain cigarette vendor who snatched the purse of a passer-by and the line-up was to allow the victim to point at the vendor who snatched her purse. No questions were to be asked from the vendors. Would the answer in (a.) be the same if Brown was specifically invited by White because an eyewitness to the crime identified him as the perpetrator? Explain. (3%)

Judge Red is the Executive Judge of Green City. Red is known to have corrupt tendencies and has a reputation widely known among practicing lawyers for accepting bribes. Ombudsman Grey, wishing to “clean up” the government from errant public officials, initiated an investigation on the alleged irregularities in the performance of duties of Judge Red. Who are required by the Constitution to submit a declaration under oath of his assets, liabilities, and net worth? (2%)

Under the Administrative Code, “adjudication” means: (A) whole or any part of any agency permit, certicate, or other form of permission, or regulation of the exercise of a right or privilege. (B) an agency process for the formulation of a final order. (C) agency process for the formulation, amendment, or repeal of a rule. (D) agency process involving the grant, renewal, denial, revocation or conditioning of a license.

In the law of libel and protected speech, a person who, by his accomplishments, fame, or mode of living, or by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs, and his character, has be001118 32 (A) public figure. (B) celebrity. (C) public official. (D) de facto public officer.

Mr. Yellow and Mr. Orange were the leading candidates in the vice-presidential elections. After elections, Yellow emerged as the winner by a slim margin of 100,000 votes. Undaunted, Orange filed a protest with the Presidential Electoral Tribunal (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. Aggrieved, Yellow filed with the Supreme Court a Petition for Certiorari challenging the decision of the PET alleging grave abuse of discretion. Does the Supreme Court have jurisdiction? Explain. (3%)

President Black of the Republic of Pasensya (RP) had a telephone conversation with President Blue of the People’s Republic of Conquerors (PRC). In that conversation, both leaders agreed that they will both pull-out all their vessels, civilian or otherwise, sea crafts and other ships from the hotly disputed Kalmado Shoal area within eight (8) days in order to de-escalate the situation. After eight days, all RP ships and vessels have left the area. However, several military and civilian ships carrying the PRC flag remained in the area and began construction of a dock that could provide fuel and other supplies to vessels passing by. Assuming the answer to (a.) is in the affirmative, does that agreement constitute a Treaty under the 1969 Vienna Convention on the Law on Treaties? (2%)

In a protest rally along Padre Faura Street, Manila, Pedrong Pula took up the stage and began shouting “kayong mga kurakot kayo! Magsiresign na kayo! Kung hindi, manggugulo kami dito!” (“you corrupt officials, you better resign now, or else we will cause trouble here!”) Simultaneously, he brought out a rock the size of a fist and pretended to hurl it at the flagpole area of a government building. He did not actually throw the rock. Police officers who were monitoring the situation immediately approached Pedrong Pula and arrested him. He was prosecuted for seditious speech and was convicted. On appeal, Pedrong Pula argued he was merely exercising his freedom of speech and freedom of expression guaranteed by the Bill of Rights. Decide with reasons. (5%)

Under the Administrative Code, in the fixing of rates, no rules or final order shall be valid unless: (A) the proposed rates shall have been submitted to the U.P. Law Center for publication at least two weeks before the first hearing thereon. (B) the proposed rates shall have been published in the Official Gazette at least two weeks before the final hearing thereon. (C) the proposed rates shall have been published in a newspaper of general circulation at least two weeks before the first hearing thereon. (D) the proposed rates shall have been published in a newspaper of general circulation at least two weeks before the final hearing thereon.

Commercial speech is entitled to: (A) more protection compared to other consti~ tutionally guaranteed expression. (B) equal protection compared to other constitutionally guaranteed expression. (C) lesser protection compared to other constitutionally guaranteed expression. (D) none of the above.

A verified impeachment complaint was filed by two hundred (200) Members of the House of Representatives against Madam Chief Justice Blue. The complaint was immediately transmitted to the Senate for trial. Madam Chief Justice Blue challenges such immediate transmittal to the Senate because the verified complaint 1) was not included in the order of business of the House, 2) was not referred to the House Committee on Justice for hearing and consideration for sufficiency in form and substance, and 3) was not submitted to the House Plenary for consideration as enumerated in Paragraph (2), Section 3, Article XI of the 1987 Constitution. Decide with reasons. (5%)

President Black of the Republic of Pasensya (RP) had a telephone conversation with President Blue of the People’s Republic of Conquerors (PRC). In that conversation, both leaders agreed that they will both pull-out all their vessels, civilian or otherwise, sea crafts and other ships from the hotly disputed Kalmado Shoal area within eight (8) days in order to de-escalate the situation. After eight days, all RP ships and vessels have left the area. However, several military and civilian ships carrying the PRC flag remained in the area and began construction of a dock that could provide fuel and other supplies to vessels passing by. What is opinio juris in International Law? (1%)

The right of the accused to be informed is violated if: (A) he was accused of killing his wife by strangulation but it was proven that his wife died of poisoning. (B) it was proven that he killed somebody on a date different from the one alleged in the information. (C) he was charged with parricide but was convicted of murder, because it turned out that he and the victim were not married. (D) the accused was charged with commission of acts of lasciviousness and was convicted of unjust vexation.

Mr. Brown, a cigarette vendor, was invited by PO1 White to a nearby police station. Upon arriving at the police station, Brown was asked to stand side-by-side with five (5) other cigarette vendors in a police line-up. PO1 White informed them that they were looking for a certain cigarette vendor who snatched the purse of a passer-by and the line-up was to allow the victim to point at the vendor who snatched her purse. No questions were to be asked from the vendors. Brown, afraid of a “set up” against him, demanded that he be allowed to secure his lawyer and for him to be present during the police line-up. Is Brown entitled to counsel? Explain. (5%)

Judge Red is the Executive Judge of Green City. Red is known to have corrupt tendencies and has a reputation widely known among practicing lawyers for accepting bribes. Ombudsman Grey, wishing to “clean up” the government from errant public officials, initiated an investigation on the alleged irregularities in the performance of duties of Judge Red. Does the Ombudsman have authority to conduct investigation over crimes or offenses committed by public officials that are NOT in connection or related at all to the official’s discharge of his duties and functions? Explain. (3%)

Distinguish briefly between Quo Warranto in elective office and Quo Warranto in appointive office. (3%)

Which one of the following is not a proper test in cases of challenges to governmental acts that may violate protected speech? (A) Clear and present danger. (B) Balancing of interests. (C) Reasonable relation. (D) Dangerous tendency.

President Black of the Republic of Pasensya (RP) had a telephone conversation with President Blue of the People’s Republic of Conquerors (PRC). In that conversation, both leaders agreed that they will both pull-out all their vessels, civilian or otherwise, sea crafts and other ships from the hotly disputed Kalmado Shoal area within eight (8) days in order to de-escalate the situation. After eight days, all RP ships and vessels have left the area. However, several military and civilian ships carrying the PRC flag remained in the area and began construction of a dock that could provide fuel and other supplies to vessels passing by. What are the sources of International Law? (2%)

A verified impeachment complaint was filed by two hundred (200) Members of the House of Representatives against Madam Chief Justice Blue. The complaint was immediately transmitted to the Senate for trial. What is the purpose of Impeachment? Does conviction prevent further prosecution and punishment? Explain. (3%)

What do you understand by the term “hierarchy of civil liberties”? Explain. (5%)

President Black of the Republic of Pasensya (RP) had a telephone conversation with President Blue of the People’s Republic of Conquerors (PRC). In that conversation, both leaders agreed that they will both pull-out all their vessels, civilian or otherwise, sea crafts and other ships from the hotly disputed Kalmado Shoal area within eight (8) days in order to de-escalate the situation. After eight days, all RP ships and vessels have left the area. However, several military and civilian ships carrying the PRC flag remained in the area and began construction of a dock that could provide fuel and other supplies to vessels passing by. Assuming that President Black and President Blue both had full capacity to represent their states and negotiate with each other under their respective systems of government, and further assuming that both leaders acknowledge the existence of the conversation, is the verbal agreement via telephone binding under international law? Explain. (5%)

What is the doctrine of “void for vagueness”? In what context can it be correctly applied? Not correctly applied? Explain. (5%)

The principal function of the Commission on Human Rights is: (A) issue Writs of injunctionl restraining orders (B) investigatory. (C) quasi-judicial. (D) rule-making.

In a unitary system of government, such as the government under the Philippine Constitutor, local government can only be: (A) an imperuim in imperio. (B) an infa-sovereign subdivision. (C) a sovereign nation. (D) a sovereign entity.

Under the United Nations Conference of the Law of the Sea (UNCLOS), the extent of the contiguous zone is: (A) 3 nautical miles from the lowest Water mark. (B) 12 miles from the outer limits. (C) 12 miles from the lowest water mark. (D) 200 miles from the outer limits.

An ex post facto law has been defined as one: (A) which aggravates a crime or makes it lesser than when it was committed. (B) which mitigates a crime or makes it lesser than when it was committed. (C) which aggravates a crime or makes it greater than when it was committed. (D) which aggravates a crime or makes it non-criminal after it was committed.

The totality of governmental power is contained in three great powers: (A) police power, power of sequestration, power of foreign policy. (B) power of immigration, municipal power, legislative power. (C) executive power, legislative power, judicial power. (D) police power, power of eminent domain, power of taxation. [Note: (d) can be considered also as an acceptable answer.]

Under Article III, Section 12 of the Constitution, any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent, etc. The investigation referred to is called: (A) preliminary investigation. (B) summary investigation. (C) criminal investigation. (D) custodial investigation.

Which one is NOT a recognized limitation to the right to information on matters of public concern: (A) national security matters. (B) trade secrets and banking transactions. (C) criminal matters or classied law enforcement matters. (D) government research data used as a basis for policy development.

The Civil Service shall be administered by the Civil Service Commission composed of a: (A) Chairman and a Commissioner. (B) Chairman and two (2) Commissioners. (C) Chairman and three (3) Commissioners. (D) Chairman and four (4) Commissioners.

Where there is “the impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government; or an unusual need for unquestioning adherence to a political decision already made; or the potentially of embarrassment from multifarious pronouncement by various departments on a question,” describes what kind of political question: (A) adherence kind. (B) prudential kind. (C) respectful kind. (D) deference kind.

In the hierarchy of civil liberties, which right occupies the highest preferred position: (A) right to academic freedom. (B) right to a balanced and healthful ecology. (C) right to freedom of expression and of assembly. (D) right to equal health.

Representatives shall be privileged from arrest while Congress is in session for all offenses punishable by imprisonment of not more than: (A) life imprisonment. (B) reclusion perpetua. (C) six years imprisonment. (D) four years imprisonment.

A person who has a personal and substantial interest in the case, such that he has sustained, or will sustain, direct injury as a result of its enforcement is considered to have: (A) understanding to challenge the governmental act. (B) standing to challenge the governmental act. (C) opportunity to challenge the governmental act. (D) familiarity to challenge the governmental act.

Basic Philippine law, in respect of the modes of acquiring citizenship, follows the rule(s) of: (A) jus soli andjus sanguinis. (B) naturalization and provides for jus soli. (C) jus sanguinis and provides for naturalization. (D) none of the above.

customary norms of international law as a part of municipal law and are to be enforced as such, without regard as to whether they are enacted as statutory or legislative rules or not. (A) Accession. (B) Incorporation. (C) Accretion. (D) Adoption.

Identify which one is an invalid exercise of the legislative power: (A) legislation by local government on purely local matters. (B) law granting an administrative agency the power to define policy and fix standards on price control. (C) law authorizing the President, in times of war or other national emergency, for a limited period, subject to prescribed restrictions, to exercise powers necessary and proper to carry out a declared national policy. (D) law authorizing the President to x, Within specic limits, tariff rates, import and export quotas, and other duties, within the framework of the national development program of the government.

Which of the following best exemplifies how the system of checks and balances is carried out: (A) the legislature passes a law that prohibits the president from commuting a judiciary imposed sentence, as a check of the president. (B) the President pardons a convict as a way to set aside or modify a judgment of the judiciary. (C) the judiciary overturns a pardon granted by the President as a check on executions. (D) the President pardons an accused after arraignment in the interest of j ustice.

Congressman Sugar Oll authored a bill called House Bill No, 0056 which legalizes jueteng. When the Bill became law (RA 10156), Fr. Nosu Gal, a priest, filed a petition seeking for the nullification of RA 10156 on the ground that it is unconstitutional as it violates Section 13, Article II, of the 1987 Constitution which states that “The state recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being”. Fr. Gal filed the petition as a concerned citizen and as taxpayer. Does Fr. Gal have locus standi? (A) No, because Fr. Gal has no personal and substantial interest that will be prejudiced by the implementation of the law. (B) N0, the law concerns neither citizens nor expenditure of public funds. (C) Yes, because the issue is of transcendental importance. (D) Yes, because as priest, Fr. Gal has special interest in the well-being of the youth.

Mayor Pink is eyeing re-election in the next mayoralty race. It was common knowledge in the town that Mayor Pink will run for re-election in the coming elections. The deadline for filing of Certificate of Candidacy (CoC) is on March 23 and the campaign period commences the following day. One month before the deadline, Pink has yet to file her CoC, but she has been going around town giving away sacks of rice with the words “Mahal Tayo ni Mayor Pink” printed on them, holding public gatherings and speaking about how good the town is doing, giving away pink t-shirts with “Kay Mayor Pink Ako” printed on them. Mr. Green is the political opponent of Mayor Pink. In April, noticing that Mayor Pink had gained advantage over him because of her activities before the campaign period, he filed a petition to disqualify Mayor Pink for engaging in an election campaign outside the designated period. Which is the correct body to rule on the matter? Comelec en banc, or Comelec division? Answer with reasons. (2%)

Mr. Yellow and Mr. Orange were the leading candidates in the vice-presidential elections. After elections, Yellow emerged as the winner by a slim margin of 100,000 votes. Undaunted, Orange filed a protest with the Presidential Electoral Tribunal (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. What is the composition of the PET? (2%)

In a protest rally along Padre Faura Street, Manila, Pedrong Pula took up the stage and began shouting “kayong mga kurakot kayo! Magsiresign na kayo! Kung hindi, manggugulo kami dito!” (“you corrupt officials, you better resign now, or else we will cause trouble here!”) Simultaneously, he brought out a rock the size of a fist and pretended to hurl it at the flagpole area of a government building. He did not actually throw the rock. What are the two (2) basic prohibitions of the freedom of speech and of the press clause? Explain. (2%)

The constitutional right of an accused “to meet the witnesses face to face” is primarily for the purpose of affording the accused an opportunity to: (A) identify the witness. (B) cross-examine the witness. (C) be informed of the Witness. (D) be heard.

A criminal statute that “fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by statute” is: (A) void for fair notice. (B) void for arbitrariness. (C) void for vagueness. (D) void conclusively.

Mr. Violet was convicted by the RTC of Estafa. On appeal, he filed with the Court of Appeals a Motion to Fix Bail for Provisional Liberty Pending Appeal. The Court of Appeals granted the motion and set a bail amount in the sum of Five (5) Million Pesos, subject to the conditions that he secure “a certification/guaranty from the Mayor of the place of his residence that he is a resident of the area and that he will remain to be a resident therein until final judgment is rendered or in case he transfers residence, it must be with prior notice to the court”. Further, he was ordered to surrender his passport to the Division Clerk of Court for safekeeping until the court orders its return. Mr. Violet challenges the conditions imposed by the Court of Appeals as violative of his liberty of abode and right to travel. Decide with reasons. (5%)

An act or process by which a State, in compliance with a formal demand or request, surrenders to another State an alleged offender or fugitive criminal who has sought refuge in the territory of the first State, in order to stand trial or complete his prison term. (A) Extramediation. (B) Exterrertioriality. (C) Extradition. (D) extraterritoriality. This doctrine considers the general or

In international law, the status of an entity as a State is accepted by other States through this act. It is the “act by which another State acknowledges that the political entity recognized possesses the attributes of statehood.” (A) Accession. (B) Recognition. (C) Acknowledgment. (D) Attribution.

The Independent Central Monetary Authority of the Government is the: (A) Bankers Association of the Philippines. (B) Philippine Mission of the International Monetary Fund. (C) Central Bank of the Philippines. (D) World Bank, Philippine Afliate.

Which has the exclusive power to initiate all cases of impeachment? (A) The Senate. (B) The House of Representatives. (C) The Senate President. (D) The Speaker of the House of Representatives.

When can evidence “in plain view” be seized without need of a search warrant? Explain. (2%)

Adela served as Mayor of Kasim for 2 consecutive terms. On her third term, COMELEC ousted her in an election protest that Gudi, her opponent, filed against her. Two years later, Gudi faced recall proceedings and Adela ran in the recall election against him. Adela won and served as Mayor for Gudi’s remaining term. Can Adela run again for Mayor in the next succeeding election without violating the 3 term limit? (A) No, she won the regular mayoralty election for two consecutive terms and the recall election constitutes her third term. (B) No, she already won the mayoralty election for 3 consecutive terms. (C) Yes, her ouster from office in her third term interrupted the continuity of her service as mayor. (D) Yes, the fresh mandate given her during the recall election erased her disqualification for a third term.

The system of checks and balances operates when (A) the President nullifies a conviction in a criminal case by pardoning the offender. (B) Congress increases the budget proposal of the President. (C) the President does not release the countryside development funds to members of Congress. (D) Congress expands the appellate jurisdiction of the Supreme Court, as defined by the Constitution.

The President CANNOT call out the military (A) to enforce customs laws. (B) to secure shopping malls against terrorists. (C) to arrest persons committing rebellion. (D) to raid a suspected haven of lawless elements.

The President wants to appoint A to the vacant post of Associate Justice of the Supreme Court because of his qualifications, competence, honesty, and efficiency. But A’s name is not on the list of nominees that the Judicial and Bar Council (JBC) submitted to the President. What should the President do? (A) Request the JBC to consider adding A to the list. (B) Decline to appoint from the list. (C) Appoint from the list. (D) Return the list to JBC.

Senator Bondoc was charged with murder and detained at the Quezon City Jail. He invoked, in seeking leave from the court to attend the session of the Senate, his immunity from arrest as a Senator. How should the court rule on his motion? (A) Deny the motion unless the Senate issues a resolution certifying to the urgency of his attendance at its sessions. (B) Grant the motion provided he posts bail since he is not a flight risk. (C) Grant the motion so as not to deprive the people who elected him their right to be represented in the Senate. (D) Deny the motion since immunity from arrest does not apply to a charge of murder.

An ordinance prohibits “notorious street gang members” from loitering in public places. The police are to disperse them or, if they refuse, place them under arrest. The ordinance enumerates which police officers can make arrest and defines street gangs, membership in them, and public areas. The ordinance was challenged for being vague regarding the meaning of “notorious street gang members.” Is the ordinance valid? (A) No, it leaves the public uncertain as to what conduct it prohibits. (B) No, since it discriminates between loitering in public places and loitering in private places. (C) Yes, it provides fair warning to gang members prior to arrest regarding their unlawful conduct. (D) Yes, it is sufficiently clear for the public to know what acts it prohibits.

When the Supreme Court nullified the decisions of the military tribunal for lack of jurisdiction, it excluded from their coverage decisions of acquittal where the defendants were deemed to have acquired a vested right. In so doing, the Supreme Court applied (A) the operative fact doctrine. (B) the rule against double jeopardy. (C) the doctrine of supervening event. (D) the orthodox doctrine.

In what scenario is an extensive search of moving vehicles without warrant valid? (A) The police became suspicious on seeing something on the car’s back seat covered with blanket. (B) The police suspected an unfenced lot covered by rocks and bushes was planted to marijuana. (C) The police became suspicious when they saw a car believed to be of the same model used by the killers of a city mayor. (D) The driver sped away in his car when the police flagged him down at a checkpoint.

The School Principal of Ramon Magsaysay High School designated Maria, her daughter, as public school teacher in her school. The designation was assailed on ground of nepotism. Is such designation valid? (A) No, because the law prohibits relatives from working within the same government unit. (B) Yes, because Maria’s position does not fall within the prohibition. (C) No, because her mother is not the designating authority. (D) No, because Maria is related to the supervising authority within the prohibited degree of consanguinity.

A law authorized the Secretary of Agriculture to require the quarantine of animals that suffer from dangerous communicable diseases at such place and for such time he deems necessary to prevent their spread. The Secretary of Agriculture issued a regulation, imposing a penalty of imprisonment for 10 days on persons transporting quarantined animals without his permission. The regulation is (A) a valid exercise of the power of subordinate legislation. (B) invalid for being ultra vires. (C) a valid exercise of police power. (D) invalid for being discriminatory.

The COMELEC en banc shall decide a motion for reconsideration of (A) the House or Representatives and the Senate electoral tribunals. (B) the decision of the election registrar. (C) the decision of the COMELEC division involving an election protest. (D) its own decision involving an election protest.

Congress passed a bill appropriating P50 million in assistance to locally based television stations subject to the condition that the amount would be available only in places where commercial national television stations do not operate. The President approved the appropriation but vetoed the condition. Was the veto valid? (A) Yes, since the vetoed condition may be separated from the item. (B) Yes, the President’s veto power is absolute. (C) No, since the veto amounted to a suppression of the freedom to communicate through television. (D) No, since the approval of the item carried with it the approval of the condition attached to it.

A child born in the United States to a Filipino mother and an American father is (A) a Filipino citizen by election. (B) a repatriated Filipino citizen. (C) a dual citizen. (D) a natural born Filipino citizen.

Amor sued for annulment of a deed of sale of Lot 1. While the case was ongoing, Baltazar, an interested buyer, got a Certification from Atty. Crispin, the Clerk of Court, that Lot 1 was not involved in any pending case before the court. Acting on the certification, the Register of Deeds canceled the notice of lis pendens annotated on Lot 1’s title. Amor filed a damage suit against Atty. Crispin but the latter invoked good faith and immunity from suit for acts relating to his official duty, claiming he was not yet the Clerk of Court when Amor filed his action. Decide. (A) Atty. Crispin is immune from suit since he enjoys the presumption of regularity of performance of public duty. (B) Atty. Crispin’s defense is invalid since he issued his certification recklessly without checking the facts. (C) Atty. Crispin’s defense is valid since he was unaware of the pendency of the case. (D) As Clerk of Court, Atty. Crispin enjoys absolute immunity from suit for acts relating to his Work.

The Constitution prohibits cruel and inhuman punishments which involve (A) torture or lingering suffering. (B) primitive and gross penalties. (C) unusual penal methods. (D) degrading and queer penalties.

The people may approve or reject a proposal to allow foreign investors to own lands in the Philippines through an electoral process called (A) referendum. (B) plebiscite. (C) initiative. (D) certification.

Accused X pleaded not guilty to the charge of homicide against him. Since he was admitted to bail, they sent him notices to attend the hearings of his case. But he did not show up, despite notice, in four successive hearings without offering any justification. The prosecution moved to present evidence in absentia but the court denied the motion on the ground that the accused has a right to be present at his trial. Is the court correct? (A) No, the court is mandated to hold trial in absentia when the accused had been arraigned, had notice, and his absence was unjustified. (B) Yes, it remains discretionary on the court whether to conduct trial in absentia even if the accused had been arraigned and had notice and did not justify his absence. (C) Yes, it is within the c0urt’s discretion to determine how many postponements it will grant the accused before trying him in absentia. (D) No, the court may reject trial in absentia only on grounds of fraud, accident, mistake, or excusable negligence.

The Chief Justice appointed X, the President’s sister, as Assistant Court Administrator in the Supreme Court during the President’s tenure. Claiming that the Constitution prohibits the appointment in government of a President’s relative, a taxpayer asks for its nullification. Will the challenge prosper? (A) Yes, since the appointment essentially violates the law against nepotism. (B) Yes, because relatives of the President within the fourth civil degree cannot be appointed as heads of offices in any department of government. (C) No, X’s appointment, although in the government, is not in the Executive Department that the President heads. (D) No, the position to which X was appointed is not among those prohibited under the Constitution.

Xian and Yani ran for Congressman in the same district. During the canvassing, Yani objected to several returns which he said were tampered with. The board of canvassers did not entertain Yani’s objections for lack of authority to do so. Yani questions the law prohibiting the filing of pre-proclamation cases involving the election of Congressmen since the Constitution grants COMELEC jurisdiction over all pre-proclamation cases, without distinction. Is Yani correct? (A) Yes, the Constitution grants jurisdiction to COMELEC on all pre-proclamation cases, without exception. (B) No, COMELEC’s jurisdiction over pre-proclamation cases pertains only to elections for regional, provincial, and city officials. (C) No, COMELEC’s jurisdiction over pre-proclamation cases does not include those that must be brought directly to the courts. (D) Yes, any conflict between the law and the Constitution relative to COMELEC’s jurisdiction must be resolved in favor of the Constitution.

Judge Lloyd was charged with serious misconduct before the Supreme Court. The Court found him guilty and ordered him dismissed. Believing that the decision was not immediately executory, he decided a case that had been submitted for resolution. The decision became final and executory. But the losing party filed a certiorari action with the Court of Appeals seeking to annul the writ of execution issued in the case and bar Judge Lloyd from further acting as judge. Can the relief against Judge Lloyd be granted? (A) No, Judge Lloyd’s right to stay as judge may be challenged only by direct proceeding, not collaterally. (B) Yes, the action against Judge Lloyd may be consolidated with the case before the Court of Appeals and decided by it. (C) Yes, Judge Lloyd’s right to stay as judge may be challenged as a necessary incident of the certiorari action. (D) No, the losing party has no standing to challenge Judge Lloyd’s right to stay as judge.

In the valid exercise of management prerogative consistent with the company’s right to protect its economic interest, it may prohibit its employees from (A) joining rallies during their work shift. (B) marrying employees of competitor companies. (C) publicly converging with patrons of competitor companies. (D) patronizing the product of competitor companies.

The Office of the Special Prosecutor may file an information against a public officer for graft (A) on its own initiative subject to withdrawal of the information by the Ombudsman. (B) independently of the Ombudsman, except in plunder cases. (C) only when authorized by the Ombudsman. (D) independently of the Ombudsman.

Procedural due process in administrative proceedings (A) requires the tribunal to consider the evidence presented. (B) allows the losing party to file a motion for reconsideration. (C) requires hearing the parties on oral argument. (D) permits the parties to file memoranda.

When an elective official’s preventive suspension will result in depriving his constituents of his services or representation, the court may (A) require the investigating body to expedite the investigation. (B) hold in abeyance the period of such suspension. (C) direct the holding of an election to fill up the temporary vacancy. (D) shorten the period of such suspension.

The President issued Proclamation 9517 declaring a state of emergency and calling the armed forces to immediately carry out necessary measures to suppress terrorism and lawless violence. In the same proclamation, he directed the government’s temporary takeover of the operations of all privately owned communication utilities, prescribing reasonable terms for the takeover. Is the takeover valid? (A) Yes, it is an implied power flowing from the President’s exercise of emergency power. (B) No, it is a power reserved for Congress alone. (C) Yes, subject to ratification by Congress. (D) No, it is a power exclusively reserved for the People’s direct action.

Van sought to disqualify Manresa as congresswoman of the third district of Manila on the ground that the latter is a greencard holder. By the time the case was decided against Manresa, she had already served her full term as congresswoman. What was Manresa’s status during her incumbency as congresswoman? (A) She Was a de jure officer, having been duly elected. (B) She was not a public officer because she had no valid existing public office. (C) She was a de jure officer since she completed her term before she was disqualified. (D) She was a de facto officer since she was elected, served, and her disqualification only came later.

A collision occurred involving a passenger jeepney driven by Leonardo, a cargo truck driven by Joseph, and a dump truck driven by Lauro but owned by the City of Cebu. Lauro was on his way to get a load of sand for the repair of the road along Fuente Street, Cebu City. As a result of the collision, 3 passengers of the jeepney died. Their families filed a complaint for damages against Joseph who in turn filed a third party complaint against the City of Cebu and Lauro. Is the City of Cebu liable for the tort committed by its employee? (A) The City of Cebu is not liable because its employee was engaged in the discharge of a governmental function. (B) The City of Cebu is liable for the tort committed by its employee while in the discharge of a nongovernmental function. (C) The City of Cebu is liable in accord with the precept of respondeat superior. (D) The City of Cebu is not liable as a consequence of its non-suitability.

Executive Secretary Chua issued an order prohibiting the holding of rallies along Mendiola because it hampers the traffic flow to Malacanang. A group of militants questioned the order for being unconstitutional and filed a case against Secretary Chua to restrain him from enforcing the order. Secretary Chua raised state immunity from suit claiming that the state cannot be sued without its consent. Is the claim correct? (A) No, public officers may be sued to restrain them from enforcing an act claimed to be unconstitutional. (B) Yes, the order was not a proprietary act of the government. (C) No, only the president may raise the defense of immunity from suit. (D) Yes, Secretary Chua cannot be sued for acts done in pursuance to his public office.

The President issued an executive order directing all department heads to secure his consent before agreeing to appear during question hour before Congress on matters pertaining to their departments. Is the executive order unconstitutional for suppressing information of public concern? (A) No, because those department heads are his alter egos and he is but exercising his right against self-incrimination. (B) Yes, the President cannot control the initiative of the department heads to conform with the oversight function of Congress. (C) Yes, the President cannot withhold consent to the initiative of his department heads as it will violate the principle of check and balance. (D) No, the President has the power to withhold consent to appearance by his department heads during question hour.

Where a candidate for the Senate stated in his certificate of candidacy that he is single, when he is very much married, though separated, his certificate of candidacy (A) may be canceled. (B) will subject him to a quo warranto action. (C) remains valid. (D) may be denied due course.

Associate Justice A retires from the Supreme Court 90 days before the forthcoming Presidential election. May the incumbent President still appoint Justice A’s successor? (A) No, it will violate the Constitutional prohibition against midnight appointments. (B) Yes, vacancies in the Supreme Court should be filled within 90 days from occurrence of the vacancy. (C) Yes, vacancies in the Supreme Court should be filled within 90 days from submission of JBC nominees to the President. (D) No, the incumbent President must yield to the choice of the next President

The government sought to expropriate a parcel of land belonging to Y. The law provides that, to get immediate possession of the land, the government must deposit the equivalent of the land’s zonal value. The government insisted, however, that what apply are the rules of court which require an initial deposit only of the assessed value of the property. Which should prevail on this matter, the law or the rules of court? (A) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is higher. (B) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is lower. (C) The law should prevail since the right to just compensation is a substantive right that Congress has the power to define. (D) The rules of court should prevail since just compensation is a procedural matter subject to the rule making power of the Supreme Court.

During promulgation of sentence, the presence of the accused is mandatory but he may appear by counsel or representative when (A) he is charged with a light offense. (B) he was able to cross-examine the prosecution’s witnesses. (C) he waives his right to be present. (D) he is convicted of a bailable offense.

An information for murder was filed against X. After examining the case records forwarded to him by the prosecution, the trial judge granted bail to X based on the prosecution’s manifestation that it was not objecting to the grant of bail. Is the trial judge correct? (A) Yes, the trial judge may evaluate the strength or weakness of the evidence based on the case records forwarded to him. (B) No, the trial judge should have held a hearing to ascertain the quality of the evidence of guilt that the prosecution had against X. (C) No, the trial judge should have conducted a hearing to ascertain first whether or not X was validly arrested. (D) Yes, the trial judge may reasonably rely on the prosecution’s manifestation that he had no objection to the grant of bail.

Using the description of the supplier of shabu given by persons who had been arrested earlier for selling it, the police conducted a surveillance of the area indicated. When they saw a man who fitted (sic) the description walking from the apartment to his car, they approached and frisked him and he did not object. The search yielded an unlicensed gun tucked on his waist and shabu in his car. Is the search valid? (A) No, the man did not manifest any suspicious behavior that would give the police sufficient reason to search him. (B) Yes, the police acted on reliable information which proved correct when they searched the man and his car. (C) Yes, the man should be deemed to have waived his right to challenge the search when he failed to object to the frisking. (D) No, reliable information alone, absent any proof beyond reasonable doubt that the man was actually committing an offense, will not validate the search.

May an incumbent Justice of the Supreme Court be disbarred as a lawyer? (A) No, it will amount to removal. (B) No, his membership in the bar is secure. (C) Yes, by the Supreme Court itself. (D) Yes, by Congress in joint session.

A private person constituted by the court as custodian of property attached to secure a debt sought to be recovered in a civil proceeding is (A) a private sheriff. (B) a public officer. (C) a private warehouseman. (D) an agent of the party to whom the property will ultimately be awarded.

A law interfering with the rights of the person meets the requirements of substantive due process when (A) the means employed is not against public policy. (B) it is in accord with the prescribed manner of enforcement as to time, place, and person. (C) all affected parties are given the chance to be heard. (D) the interest of the general public, as distinguished from those of a particular case, requires such interference.

A government that actually exercises power and control as opposed to the true and lawful government is in terms of legitimacy (A) a government of force. (B) an interim government. (C) a de facto government. (D) an illegitimate government.

Mayor Lucia of Casidsid filed her certificate of candidacy for congresswoman of the district covering Casidsid. Still, she continued to act as mayor of Casidsid without collecting her salaries as such. When she lost the election and a new mayor assumed office, she filed an action to collect the salaries she did not get while serving as mayor even when she ran for congresswoman. Is her action correct? (A) No, salaries can be waived and she Waived them. (B) No, because her acts as de facto officer are void insofar as she is concerned. (C) Yes, public policy demands that a de facto officer enjoy the same rights of a de jure officer. (D) Yes, it is but just that she be paid for the service she rendered.

X, an administrative officer in the Department of Justice, was charged with grave misconduct and preventively suspended for 90 days pending investigation. Based on the evidence, the Secretary of Justice found X guilty as charged and dismissed him from the service. Pending appeal, X’s dismissal was executed. Subsequently, the Civil Service Commission (CSC) reversed the Secretary’s decision and the reversal became final and executory. What is the effect of X’s exoneration? (A) X is entitled to reinstatement and back salaries both during his 90 day preventive suspension and his suspension pending appeal. (B) X is entitled to reinstatement and back salaries corresponding only to the period of delay caused by those prosecuting the case against him. (C) X is entitled to reinstatement but not to back salaries on ground of “damnum absque injuria.” (D) X is entitled to reinstatement and back salaries during his suspension pending appeal.

Where A is set for promotion to Administrative Assistant III and B to the post of Administrative Assistant II vacated by A, the appointing authority must (A) submit to the CSC the two promotional appointments together for approval. (B) not appoint B until the CSC has approved A’s appointment. (C) submit to the Civil Service Commission (CSC) the second appointment after its approval of the first. (D) simultaneously issue the appointments of A and B.

A candidate for Senator must be at least 35 years old on (A) the day he is duly proclaimed. (B) the day the election is held. (C) the day he files his certificate of candidacy. (D) the day he takes his oath of office.

Mass media in the Philippines may be owned and managed by (A) corporations wholly owned and managed by Filipinos. (B) corporations 60% owned by Filipinos. (C) corporations wholly owned by Filipinos. (D) corporations 60% owned and managed by Filipinos.

Since the Constitution is silent as to who can appoint the Chairman of the Commission on Human Rights, the President appointed W to that position without submitting his appointment to the Commission on Appointments for confirmation. Is W’s appointment by the President valid? (A) No, since the position of Chairman of the Commission was created by statute, the appointment of its holder requires the consent of Congress. (B) Yes, since the power to appoint in the government, if not lodged elsewhere, belongs to the President as Chief Executive. (C) Yes, since the power to fill up all government positions mentioned in the Constitution has been lodged in the President. (D) No, because absent any express authority under the Constitution, the power to appoint does not exist.

The Senate Blue Ribbon Committee summoned X, a former department secretary, to shed light on his alleged illicit acquisition of properties claimed by the Presidential Commission on Good Government. X sought to restrain the Committee from proceeding with its investigation because of a pending criminal case against him before the Sandiganbayan for ill-gotten wealth involving the same properties. Decide. The investigation may (A) not be restrained on ground of separation of powers. (B) be restrained on ground of prejudicial question. (C) not be restrained on ground of presumed validity of legislative action. (D) be restrained for being sub judice.

When the President contracted a personal loan during his incumbency, he may be sued for sum of money (A) during his term of office. (B) during his tenure of office. (C) after his term of office. (D) after his tenure of office.

Whose appointment is NOT subject to confirmation by the Commission on Appointments? (A) Chairman of the Civil Service Commission (B) Chief Justice of the Supreme Court (C) Chief of Staff of the Armed Forces of the Philippines (D) Executive Secretary

The Special Committee on Naturalization is headed by (A) the Secretary of Justice. (B) the Secretary of Foreign Affairs. (C) the National Security Adviser. (D) the Solicitor General.

Mario, a Bureau of Customs’ examiner, was administratively charged with grave misconduct and preventively suspended pending investigation. The head of office found him guilty as charged and ordered his dismissal. The decision against him was executed pending appeal. The Civil Service Commission (CSC) subsequently found him guilty and after considering a number of mitigating circumstances, reduced his penalty to only one month suspension. Is Mario entitled to back salaries? (A) Yes, the reduction of the penalty means restoration of his right to back salaries. (B) No, the penalty of one month suspension carries with it the forfeiture of back salaries. (C) No, he is still guilty of grave misconduct, only the penalty was reduced. (D) Yes, corresponding to the period of his suspension pending appeal less one month.

The President may set a limit on the country’s import quota in the exercise of his (A) delegated power. (B) concurring power. (C) residual power. (D) inherent power.

Carlos, a foreign national was charged with and convicted of a serious crime in State X and sentenced to life imprisonment. His country applied for relief with the International Court of Justice (ICJ), arguing that State X did not inform Carlos of his right under Article 36 of the Vienna Convention to be accorded legal assistance by his government. State X, as signatory to the Vienna Convention, agreed to ICJ’s compulsory jurisdiction over all disputes regarding the interpretation or application of the Vienna Convention. ICJ ruled that State X violated its obligation to provide consular notification to the foreign national’s country. ICJ also required State X to review and reconsider the life sentence imposed on the foreign national. State X then wrote the United Nations informing that it was withdrawing from the Optional Protocol on Vienna Convention and was not bound by the ICJ decision. What principle of international law did State X violate? (A) Pacta Sunt Servanda (B) Act of State Doctrine (C) Protective Principle (D) Jus Cogens

An informer told the police that a Toyota Car with plate ABC 134 would deliver an unspecified quantity of ecstasy in Forbes Park, Makati City. The officers whom the police sent to watch the Forbes Park gates saw the described car and flagged it down. When the driver stopped and lowered his window, an officer saw a gun tucked on the driver’s waist. The officer asked the driver to step out and he did. When an officer looked inside the car, he saw many tablets strewn on the driver’s seat. The driver admitted they were ecstasy. Is the search valid? (A) No, the rule on warrantless search of moving vehicle does not allow arbitrariness on the part of the police. (B) Yes, the police officers had the duty to verify the truth of the information they got and pursue it to the end. (C) Yes, the police acted based on reliable information and the fact that an officer saw the driver carrying a gun. (D) No, police officers do not have unbridled discretion to conduct a warrantless search of moving vehicles.

When the State requires private cemeteries to reserve 10% of their lots for burial of the poor, it exercises its (A) eminent domain power. (B) zoning power. (C) police power. (D) taxing power.

The President’s appointment of an acting secretary although Congress is in session is (A) voidable. (B) valid. (C) invalid. (D) unenforceable.

X, a Filipino and Y, an American, both teach at the International Institute in Manila. The institute gave X a salary rate of P1,000 per hour and Y, P1,250 per hour plus housing, transportation, shipping costs, and leave travel allowance. The school cited the dislocation factor and limited tenure of Y to justify his high salary rate and additional benefits. The same package was given to the other foreign teachers. The Filipino teachers assailed such differential treatment, claiming it is discriminatory and violates the equal protection clause. Decide. (A) The classification is based on superficial differences. (B) The classification undermines the “Filipino First” policy. (C) The distinction is fair considering the burden of teaching abroad. (D) The distinction is substantial and uniformly applied to each class.

When the Civil Service Commission (CSC) approves the appointment of the Executive Director of the Land Transportation Franchising and Regulatory Board who possesses all the prescribed qualifications, the CSC performs (A) a discretionary duty. (B) a mix discretionary and ministerial duty. (C) a ministerial duty. (D) a rule-making duty.

Small-scale utilization of natural resources by Filipino citizens may be allowed by (A) Congress. (B) either the Senate or the House of Representatives. (C) the President. (D) the President with the consent of Congress.

Following COMELEC Chairman Bocay’s conviction for acts of corruption in the impeachment proceedings, he was indicted for plunder before the Sandiganbayan and found guilty, as charged. Can he get Presidential pardon on the plunder case? (A) No, plunder is not a pardonable offense. (B) No, conviction in a criminal case for the same acts charged in the impeachment proceedings is not pardonable. (C) Yes, convictions in two different fora for the same acts, are too harsh that they are not beyond the reach of the President’s pardoning power. (D) Yes, conviction in court in a criminal action is subject to the President’s pardoning power.

Involuntary servitude may be required as (A) part of rehabilitation of one duly charged with a crime. (B) substitute penalty for one who has been duly tried for a crime. (C) punishment for a crime where one has been duly convicted. (D) condition precedent to one’s valid arraignment.

The Metro Manila Development Authority (MMDA) passed a rule authorizing traffic enforcers to impound illegally parked vehicles, for the first offense, and confiscate their registration plates for the second. The MMDA issued this rule to implement a law that authorized it to suspend the licenses of drivers who violate traffic rules. Is the MMDA rule valid? (A) No, since the MMDA does not have rulemaking power. (B) Yes, it is a valid exercise of the power of subordinate legislation. (C) Yes, it is an implicit consequence of the law upon which it acted. (D) No, the rule goes beyond the sphere of the law.

The Solicitor General declines to institute a civil action on behalf of a government agency due to his strained relation with its head, insisting that the agency’s lawyers can file the action. Is the Solicitor General correct? (A) Yes, when he deems he cannot harmoniously and effectively work with the requesting agency. (B) No, he must, in choosing whether to prosecute an action, exercise his discretion according to law and the best interest of the State. (C) Yes, as in any lawyer-client relationship, he has the right to choose whom to serve and represent. (D) No, the Solicitor General’s duty to represent the government, its offices and officers is mandatory and absolute.

The Housing and Land Use Regulatory Board (HLURB) found Atlantic Homes, Inc. liable in damages arising from its delayed release of the title to the house and lot that it sold to Josephine. Atlantic appealed to the Office of the President which rendered a one page decision, affirming the attached HLURB judgment. Atlantic challenges the validity of the decision of the Office of the President for not stating the facts and the law on which it is based. Is the challenge correct? (A) No, the Office of the President is governed by its own rules respecting review of cases appealed to it (B) Yes, the decision of the Office of the President must contain its own crafted factual findings and legal conclusions. (C) Yes, administrative due process demands that the Office of the President make findings and conclusions independent of its subordinate. (D) No, the Office of the President is not precluded from adopting the factual findings and legal conclusions contained in the HLURB decision.

The price of staple goods like rice may be regulated for the protection of the consuming public through the exercise of (A) power of subordinate legislation. (B) emergency power. (C) police power. (D) residual power.

A judge of the Regional Trial Court derives his powers and duties from (A) statute. (B) the President, the appointing power. (C) Supreme Court issuances. (D) the rules of court.

The President may proclaim martial law over a particular province subject to revocation or extension (A) by Congress, subject to ratification by the Supreme Court. (B) by the Supreme Court. (C) by Congress alone (D) by Congress, upon recommendation of the respective Sangguniang Panlalawigan.

When the President orders the Chief of the Philippine National Police to suspend the issuance of permits to carry firearms outside the residence, the President exercises (A) the power of control. (B) the Commander-in-Chief power. (C) the power of supervision. (D) the calling out power.

Anton was the duly elected Mayor of Tunawi in the local elections of 2004. He got 51% of all the votes cast. Fourteen months later, Victoria, who also ran for mayor, filed with the Local Election Registrar, a petition for recall against Anton. The COMELEC approved the petition and set a date for its signing by other qualified voters in order to garner at least 25% of the total number of registered voters or total number of those who actually voted during the local election in 2005, whichever is lower. Anton attacked the COMELEC resolution for being invalid. Do you agree with Anton? (A) No, the petition, though initiated by just one person, may be ratified by at least 25% of the total number of registered voters. (B) No, the petition, though initiated by just one person may be ratified by at least 25% of those who actually voted during the 2004 local elections. (C) Yes, the petition should be initiated by at least 25% of the total number of registered voters who actually voted during the 2004 local elections. (D) Yes, the petition should be initiated by at least 25% of the total number of registered voters of Tunawi.

An appointment held at the pleasure of the appointing power (A) is essentially temporary in nature. (B) requires special qualifications of the appointee. (C) requires justifiable reason for its termination. (D) is co-extensive with the term of the public officer who appointed him.

Jose Cruz and 20 others filed a petition with the COMELEC to hold a plebiscite on their petition for initiative to amend the Constitution by shifting to a unicameral parliamentary form of government. Assuming that the petition has been signed by the required number of registered voters, will it prosper? (A) No, only Congress can exercise the power to amend the Constitution. (B) Yes, the people can substantially amend the Constitution by direct action. (C) Yes, provided Congress concurs in the amendment. (D) No, since they seek, not an amendment, but a revision.

Governor Paloma was administratively charged with abuse of authority before the Office of the President. Pending hearing, he ran for reelection and won a second term. He then moved to dismiss the charge against him based on this supervening event. Should the motion be granted? (A) Yes, Governor Paloma’s reelection is an expression of the electorate’s obedience to his will. (B) No, Governor Paloma’s reelection cannot extinguish his liability for malfeasance in office. (C) No, Governor Paloma’s reelection does not render moot the administrative case already pending when he filed his certificate of candidacy for his reelection bid. (D) Yes, Governor Paloma’s reelection is an expression of the electorate’s restored trust.

Pre-proclamation controversies shall be heard (A) summarily without need of trial. (B) through trial by commissioner. (C) ex parte. (D) through speedy arbitration.

One advantage of a written Constitution is its (A) reliability. (B) permanence. (C) flexibility. (D) expediency.

There is double jeopardy when the dismissal of the first case is (A) made at the instance of the accused invoking his right to fair trial. (B) made upon motion of the accused without objection from the prosecution. (C) made provisionally without objection from the accused. (D) based on the objection of the accused to the prosecution’s motion to postpone trial.

A candidate who commits vote buying on Election Day itself shall be prosecuted by the (A) COMELEC. (B) Secretary of Justice. (C) police and other law enforcement agencies. (D) City or Provincial Prosecutor.

Jax Liner applied for a public utility bus service from Bacolod to Dumaguete from the Land Transportation Franchising and Regulatory Board (LTFRB). BB Express opposed. LTFRB ruled in favor of Jax. BB appealed to the Secretary of the Department of Transportation and Communication (DOTC), who reversed the LTFRB decision. Jax appealed to the Office of the President which reinstated the LTFRB’s ruling. BB Express went to the Court of Appeals on certiorari questioning the decision of the Office of the President on the ground that Office of the President has no jurisdiction over the case in the absence of any law providing an appeal from DOTC to the Office of the President. Will the petition prosper? (A) No, exhaustion of administrative remedies up to the level of the President is a pre-requisite to judicial recourse. (B) No, the action of the DOTC Secretary bears only the implied approval of the President who is not precluded from reviewing the decision of the former. (C) Yes, when there is no law providing an appeal to the Office of the President, no such appeal may be pursued. (D) Yes, the doctrine of qualified political agency renders unnecessary a further appeal to the Office of the President.

The city government filed a complaint for expropriation of 10 lots to build a recreational complex for the members of the homeowners’ association of Sitio Sto. Tomas, the most populated residential compound in the city. The lot owners challenged the purpose of the expropriation. Does the expropriation have a valid purpose? (A) No, because not everybody uses a recreational complex. (B) No, because it intends to benefit a private organization. (C) Yes, it is in accord with the general welfare clause. (D) Yes, it serves the well-being of the local residents.

Althea, a Filipino citizen, bought a lot in the Philippines in 1975. Her predecessors-in-interest have been in open, continuous, exclusive and notorious possession of the lot since 1940, in the concept of owner. In 1988, Althea became a naturalized Australian citizen. Is she qualified to apply for registration of the lot in her name? (A) Yes, provided she acquires back her Filipino citizenship. (B) No, except when it can be proved that Australia has a counterpart domestic law that also favors former Filipino citizens residing there. (C) Yes, the lot is already private in character and as a former natural-born Filipino, she can buy the lot and apply for its registration in her name. (D) No, foreigners are not allowed to own lands in the Philippines.

The Comelec en banc cannot hear and decide a case at first instance EXCEPT when (A) a Division refers the case to it for direct action. (B) the case involves a purely administrative matter. (C) the inhibition of all the members of a Division is sought. (D) a related case is pending before the Supreme Court en banc.

The decision of the Regional Trial Court on appeals pertaining to inclusions or exclusions from the list of voters (A) is inappealable. (B) is subject to an action for annulment. (C) may be brought straight to the Supreme Court. (D) is appealable to the Commission on Elections.

A department secretary may, with the President’s consent, initiate his appearance before the Senate or the House of Representatives which (A) must seek the concurrence of the other House before acting. (B) must hold an executive session to hear the department secretary. (C) may altogether reject the initiative. (D) must accept such initiated appearance.

An example of a content-based restraint on free speech is a regulation prescribing (A) maximum tolerance of pro-government demonstrations. (B) a no rally-no permit policy. (C) when, where, and how lawful assemblies are to be conducted. (D) calibrated response to rallies that have become violent.

A temporary appointee to a public office who becomes a civil service eligible during his tenure (A) loses his temporary appointment without prejudice to his re-appointment as permanent. (B) has the right to demand conversion of his appointment to permanent. (C) automatically becomes a permanent appointee. (D) retains his temporary appointment.

Alfredo was elected municipal mayor for 3 consecutive terms. During his third term, the municipality became a city. Alfredo ran for city mayor during the next immediately succeeding election. Voltaire sought his disqualification citing the 3 term limit for elective officials. Will Voltaire’s action prosper? (A) No, the 3 term limit should not apply to a person who is running for a new position title. (B) Yes, the 3 term limit applies regardless of any voluntary or involuntary interruption in the service of the local elective official. (C) Yes, the 3 term limit uniformly applies to the office of mayor, whether for city or municipality. (D) No, the 3 term limit should not apply to a local government unit that has assumed a different corporate existence.

During his incumbency, President Carlos shot to death one of his advisers during a heated argument over a game of golf that they were playing. The deceased adviser’s family filed a case of homicide against President Carlos before the city prosecutor’s office. He moved to dismiss the case, invoking presidential immunity from suit. Should the case be dismissed? (A) Yes, his immunity covers his interactions with his official family, including the deceased adviser. (B) No, his immunity covers only work-related crimes. (C) Yes, his immunity holds for the whole duration of his tenure. (D) No, his immunity does not cover crimes involving moral turpitude.

The privacy of communication and correspondence shall be inviolable except upon lawful order of the court or when (A) public safety or public health requires otherwise as prescribed by law. (B) dictated by the need to maintain public peace and order. (C) public safety or order requires otherwise as prescribed by law. (D) public safety or order requires otherwise as determined by the President.

Each of the Constitutional Commissions is expressly described as “independent,” exemplified by its (A) immunity from suit. (B) fiscal autonomy. (C) finality of action. (D) collegiality.

The equal protection clause allows valid classification of subjects that applies (A) only to present conditions. (B) so long as it remains relevant to the government. (C) for a limited period only. (D) for as long as the problem to be corrected exists.

In the exercise of its power of legislative inquiries and oversight functions, the House of Representatives or the Senate may only ask questions (A) that the official called is willing to answer. (B) that are relevant to the proposed legislation. (C) to which the witness gave his prior consent. (D) material to the subject of inquiry.

Filipino citizenship may be acquired through judicial naturalization only by an alien (A) born, raised, and educated in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen. (B) who has all the qualifications and none of the disqualifications to become a Filipino citizen. (C) born and raised in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen. (D) whose mother or father is a naturalized Filipino and who himself is qualified to be naturalized.

The new Commissioner of Immigration, Mr. Suarez, issued an Office Order directing the top immigration officials to tender courtesy resignation to give him a free hand in reorganizing the agency. In compliance, Director Sison of the Administrative Department tendered his resignation in writing which Mr. Suarez immediately accepted. Director Sison went to court, assailing the validity of his courtesy resignation and Mr. Suarez’s acceptance of the same. Will the action prosper? (A) No, Director Sison tendered his resignation and it was accepted. (B) No, estoppel precludes Director Sison from disclaiming the resignation he freely tendered. (C) Yes, for so long as no one has yet been appointed to replace him, Director Sison may still withdraw his resignation. (D) Yes, Director Sison merely complied with the order of the head of office; the element of clear intention to relinguish office is lacking.

Courts may still decide cases that have otherwise become academic when they involve (A) the basic interest of people. (B) petitions for habeas corpus. (C) acts of the Chief Executive. (D) Presidential election protests.

The Commission on Elections is an independent body tasked to enforce all laws relative to the conduct of elections. Hence, it may (A) conduct two kinds of electoral count: a slow but official count; and a quick but unofficial count. (B) make an advance and unofficial canvass of election returns through electronic transmission. (C) undertake a separate and unofficial tabulation of the results of the election manually. (D) authorize the citizens arm to use election returns for unofficial count.

When a witness is granted transactional immunity in exchange for his testimony on how his immediate superior induced him to destroy public records to cover up the latter’s act of malversation of public funds, the witness may NOT be prosecuted for (A) direct contempt. (B) infidelity in the custody of public records. (C) falsication of public documents. (D) false testimony.

The President forged an executive agreement with Vietnam for a year supply of animal feeds to the Philippines not to exceed 40,000 tons. The Association of Animal Feed Sellers of the Philippines questioned the executive agreement for being contrary to R.A. 462 which prohibits the importation of animal feeds from Asian countries. Is the challenge correct? (A) Yes, the executive agreement is contrary to our existing domestic law. (B) No, the President is the sole organ of the government in external relations and all his actions as such form part of the law of the land. (C) No, international agreements are sui generis which must stand independently of our domestic laws. (D) Yes, the executive agreement is actually a treaty which does not take effect without ratification by the Senate.

After X, a rape suspect, was apprised of his right to silence and to counsel, he told the investigators that he was waiving his right to have his own counsel or to be provided one. He made his waiver in the presence of a retired Judge who was assigned to assist and explain to him the consequences of such waiver. Is the waiver valid? (A) No, the waiver was not reduced in writing. (B) Yes, the mere fact that the lawyer was a retired judge does not cast doubt on his competence and independence. (C) Yes, the waiver was made voluntarily, expressly, and with assistance of counsel. (D) No, a retired Judge is not a competent and independent counsel.

Upon endorsement from the Senate where it was first mistakenly filed, the House of Representatives Committee on Justice found the verified complaint for impeachment against the President sufficient in form but insufficient in substance. Within the same year, another impeachment suit was filed against the President who questioned the same for being violative of the Constitution. Is the President correct? (A) No, “initiated” means the Articles of Impeachment have been actually filed with the Senate for trial; this did not yet happen. (B) No, the first complaint was not deemed initiated because it was originally filed with the Senate. (C) Yes, the dismissal of the first impeachment proceeding bars the initiation of another during the same term of the President. (D) Yes, no impeachment proceeding can be filed against the President more than once within a year.

An administrative rule that fixes rates is valid only when the proposed rates are (A) published and filed with the UP Law Center. (B) published and hearings are conducted. (C) published and posted in three public places. (D) published and all stakeholders are personally notified.

The right of the State to prosecute crimes by available evidence must yield to the right of (A) the accused against self-incrimination. (B) another State to extradite a fugitive from justice. (C) the State to deport undesirable aliens. (D) the complainant to drop the case against the accused.

Courts may dismiss a case on ground of mootness when (A) the case is premature. (B) petitioner lacks legal standing. (C) the questioned law has been repealed. (D) the issue of validity of law was not timely raised.

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%)

Choose the statement which appropriately completes the opening phrase: “A State which resorts to retorsion in international law A) must ensure that all states consent to its act. B) cannot curtail migration from the offending state. C) can expel the nationals of the offending state. D) should apply proportionate response within appreciable limit. E) None of the above.” Explain your answer. (2%)

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 watchdog questioned the constitutionality of the law as it obviously benefitted Congresswoman A’s industrial estate. Decide with reasons. (3%)

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%)

During his campaign sortie in Barangay Salamanca, Mayor Galicia was arrested at a PNP checkpoint for carrying high-powered 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%)

True or False. A proclamation of a state of emergency is sufficient to allow the President to take over any public utility. (0.5%)

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 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 self-incrimination. Decide with reasons. (4%)

True or False. Re-classification of land by a local government unit may be done through a resolution. (0.5%)

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 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%)

What are the two conditions for the workability of the rotational scheme of appointments in the COMELEC? (2%)

True or False. A discretionary duty of a public officer is never delegable. (0.5%)

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. (b) Is the grant of authority to the Oversight Committee to screen beneficiaries constitutional? (3%)

The dictatorial regime of President A of the Republic of Gordon was toppled by a combined force led by Gen. Abe, former royal guards and the secessionist Gordon People’s Army. The new government constituted a Truth and Reconciliation Commission to look into the serious crimes committed under President A’s 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%)

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. KABAKA’s 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 Foundation’s 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%)

Define/explain the following: Principle of holdover. (1%)

Distinguish between “pocket veto” and “item veto.” (2%)

Compare and contrast the jurisdiction of the International Criminal Court and International Court of Justice. (3%)

To instill religious awareness in the students of Doña Trinidad High School, a public school in Bulacan, the Parent-Teacher’s Association of the school contributed funds for the construction of a grotto and a chapel where ecumenical religious services and seminars are being held after school hours. The use of the school grounds for these purposes was 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%)

Governor Diy was serving his third term when he lost his governorship in a recall election. (b) Can Governor Diy run again as governor in the next election? (2%)

Define/explain the following: Municipal corporation by estoppel. (1%)

What is the rotational scheme of appointments in the COMELEC? (2%)

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%)

Define/explain the following: De facto municipal corporation. (1%)

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%)

True or False. Acquisition of civil service eligibility during tenure of a temporary appointee does not automatically translate to a permanent appointment. (0.5%)

Define/explain the following: Doctrine of operative facts. (1%)

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%)

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. (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%)

True or False. A person who occupies an office that is defectively created is a de facto officer. (0.5%)

To what other constitutional offices does the rotational scheme of appointments apply? (2%)

True or False. A valid and definite offer to buy a property is a pre-requisite to expropriation initiated by a local government unit. (0.5%)

Compare and contrast “overbreadth doctrine” from “void-for-vagueness” doctrine. (5%)

Define/explain the following: Doctrine of necessary implication. (1%)

True or False. Boundary disputes between and among municipalities in the same province may be filed immediately with the Regional Trial Court. (0.5%)

What is the concept of association under international law? (2%)

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%)

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. (b) What is the appropriate remedy available to the victim’s family under international law? (3%)

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%)

True or False. A treaty which provides tax exemption needs no concurrence by a majority of all the Members of the Congress. (0.5%)

Distinguish “presidential communications privilege” from “deliberative process privilege.” (3%)

Which statement best completes the following phrase: “Freedom from torture is a right A) subject to derogation when national security is threatened. B) confined only during custodial investigation. C) which is non-derogable both during peacetime and in a situation of armed conflict. D) both (a) and (b) E) none of the above.” (1%)

True or False. The Metropolitan Manila Development Authority is authorized to confiscate a driver’s license in the enforcement of traffic regulations. (0.5%)

True or False. The rule on nepotism does not apply to designations made in favor of a relative of the authority making a designation. (0.5%)

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. (a) May X be compelled to appear and testify? If yes, what sanction may be imposed on him? (2%)

Governor Diy was serving his third term when he lost his governorship in a recall election. (c) Can Governor Diy refuse to run in the recall election and instead resign from his position as governor? (2%)