1

2013 SAMPLE BAR EXAMINATION QUESTIONS AND ANSWERS

I

A bill, certified as urgent by the President, is introduced in and approved by a simple majority of the Senate. It
provides, among others, for the raising of funds to be reserved for the use, by way of loan arrangements, of
distressed public utility corporations so as to enable them to continue providing the public with their services and
facilities. Said bill proposes the imposition of enforced contributions from manufacturers of sin products, such as
cigarettes and liquor. It authorizes the Department of inance to promulgate rules for purposes of determining the
entities to be subjected to said enforced contributions as well as the beneficiaries of the subject loan facilities in
accordance with standards clearly specified out in the bill, provided that said determinations shall be subject to the
approval of the Senate!s "ommittee on inance. #he bill li$ewise authorizes the granting of e%emptions from the
enforced contributions over and above those which may be granted by the Department of inance, provided that
said e%emptions shall be approved by a majority of all the members of "ongress. Said bill, fully concurred in by the
&ouse of 'epresentatives, is forwarded to the President for appropriate action.

1. Would a presidential certification of a bill be subject to judicial review?

No, a presidential certification as to the urgency of a bill under Section 26 (2 of the !onstitution has
generally been considered as a political "uestion. #Datu (ichael Abas )ida v. Senate of the Philippines, $.%. No.
1&62'1, (ctober 1), 2*11+

2. What effects, if any, would a presidential certification have on the legislative process?

Such a certification would do away with the re"uire,ents that a bill can be approved only after three
readings on separate days and for the distribution of printed copies of said bill in its final for, three days before its
passage. ##olentino v. Secretary of inance, 2-. S!%/ 6-*+

-. 0nder what circu,stances can this bill beco,e a law?

0nder Section 2' (1 of /rticle 12 of the !onstitution, a bill beco,es a law when the 3resident approves
and signs the sa,e4 when he vetoes it within thirty days fro, present,ent of the sa,e to hi,, and his veto is
overridden by two5thirds vote of the 6egislature4 or when the 3resident does not co,,unicate his veto of the
sa,e within thirty days fro, his receipt of the sa,e.

7. 8iscuss the validity of this ,easure.

9he ,easure is unconstitutional because it originated fro, the Senate, and not fro, the :ouse of
%epresentatives, as re"uired under Section 27 of the !onstitution, which specifies that all revenue or tariff
,easures, such as the bill subject of the proble,, shall originate e;clusively fro, the :ouse of %epresentatives.

II

"ongressman (el (a$apal, a party*list representative, is serving his third term as a representative of the
(andurugas Party. &e resigns and changes his party seven months before the e%piration of his third term, and is
now nominated by his new party for purposes of the ne%t party*list election.

1. What effect, if any, would his resignation fro, the (andurugas Party have on his tenure as a ,e,ber
of the :ouse of %epresentatives?

2

<el <a=apal shall be considered as having forfeited his seat as a party5list representative, pursuant to the
provisions of Section 1. of %/ '&71, which states that >any elected party5list representative who changes his
political party or sectoral affiliation during his ter, of office shall forfeit his seat.?

2. Would his no,ination by his new party be valid?

No, his no,ination by his new party would be invalid because he has already served three ter,s, and
shall therefore no longer be "ualified for a fourth consecutive ter, #!onstitution, /rticle 12, Section'4 Abayon v.
&'+#, $.%. No. 1)&766, @ebruary 11, 2*1*+

III

"ongressman (as (a$apal, an incumbent party*list representative representing the youth sector of a political
party, upon turning thirty years of age during the last si% months of his term, changes his sectoral affiliation, but
remains a member of the same political party, because of his anticipated disqualification to be nominated for re*
election as his party!s youth sector representative for purposes of the ne%t election. ,ould he be qualified for
nomination by his new sector-

:e cannot be a no,inee because he changed his sectoral affiliation within the final si; ,onths of his
ter,, as a youth representative. 0nder Section 1. of %/ '&71, if a party5list representative changes his political
party or sectoral affiliation within si; ,onths before an election, he shall not be eligible for no,ination as a party5
list representative under his new party or organiAation. #Amores v. &'+#, $.%. No. 1)&6**, Bune 2&, 2*1*+

IV

#he (uslim (indanao Autonomy Act authorizes the Autonomous 'egion of (uslim (indanao to create
provinces, cities, municipalities and barangays.

1. 2s the law valid?

9he law is unconstitutional to the e;tent that it authoriAes the creation of provinces and cities because
the power to create the, inherently involves the power to create legislative districts, which only !ongress
possesses. 2t ,ay, however, be authoriAed by law to create ,unicipalities and barangays. #Se,a v. !(<C6C!, $.%.
No. 1''.&', Buly 16, 2**), ..) S!%/ '**+

2. Would a plebiscite be re"uired for the effectivity of all a,end,ents of said law, as provided for
under Section 1) of /rticle D of the !onstitution?

No, plebiscites under said provision of the !onstitution would generally be re"uired for the effectivity of
such a,end,ents if the sa,e would relate to (a the basic structure of the regional govern,ent4 (b the regionEs
judicial syste,, i.e., the special courts with personal, fa,ily, and property law jurisdiction4 and, (c the grant and
e;tent of the legislative powers constitutionally conceded to the regional govern,ent under Section 2*, /rticle D
of the !onstitution. ##Datu (ichael Abas )ida v. Senate of the Philippines, $.%. No. 1&62'1, (ctober 1), 2*11+

V

A case is decided by the #hird Division of the Supreme "ourt by a .*/ vote. #he motion for reconsideration filed by
the losing party is resolved by said Division with a vote of /*/. (ay said matter be referred to the "ourt +n 0anc for
decision-

No, the ,otion ,ay not be referred to the !ourt +n 0anc because only cases, and not ,atters, not
properly decided by a 8ivision ,ay be referred to and decided by the full !ourt. #ortich v. "orona, -12 S!%/ '.1+

-

VI
Dahlia Daldal was, before her appointment as a "ler$ of "ourt, an employee of the 0ureau of "ustoms. During her
incumbency as a "ler$ of "ourt, administrative charges are instituted against her before the "ivil Service
"ommission for acts done by her while she was still a 0ureau of "ustoms employee. (ay said "ommission properly
ta$e cognizance of said administrative charges-
No, because it is only the Supre,e !ourt, pursuant to its e;clusive ad,inistrative supervision over all
courts and judicial personnel, which ,ay oversee their co,pliance with all laws, rules and regulations, regardless
of whether the offense was co,,itted before or after e,ploy,ent in the Budiciary. #Ampong v. "ivil Service
"ommission, $.%. No. 16'&16, /ugust 26, 2**)+
VII

Sammy Sugapa, who is on his third year as a "ommissioner of the "ivil Service "ommission, is appointed its
"hairman, to replace (anny (andaraya, who is impeached during his si%th year in office. ,ould his appointment
as such be constitutional- &ow long may he serve as "hairman of the "ommission-

:is appoint,ent would be valid but he would have a re,aining ter, of only one year as the
!o,,issionEs !hair,an. #una v. "hairman, "ommission on Audit, $.%. No. 1&2'&1, /pril 27, 2*12+

VIII

(anny (andirigma, who loses in the election following his first term as mayor, later dislodges his opponent in a
recall election. &e serves out the remainder of the latter!s term, and is thereafter elected to the same position for
another term. ,ould he be qualified to run again for the same office after his last term-

Fes, because his ter,, after the recall election, is not to be considered as a full ter,. 9he period prior to
his recall ter,, when his opponent held the office, constitutes an interruption in <andirig,aEs continuity of
service. 9he winner in a recall election cannot be charged or credited with the full ter, of three years for
purposes of counting the consecutiveness of an elective officialEs ter,s in office, within the conte;t of the three5
ter, li,it rule. #Adormeo v. "ommission on +lections, $.%. No. 17'&2', @ebruary 7, 2**2+

IX

Daniel Dilihensiya is appointed 1mbudsman in 2anuary /333, and resigns in 2uly /334. &ow long, or up to what
year, may his successor serve, assuming he is appointed in December /334-

:is successor shall serve until 8ece,ber 2*11, pursuant to the provisions of Section 11 of /rticle D2 of the
!onstitution, which states that the (,buds,an and his 8eputies shall serve for a ter, of seven years.

X

(amerto (aitimbudhi is a appointed as the Deputy 1mbudsman for 5uzon in /363.

1. 0ntil when ,ay he serve as such?

:e ,ay serve as the 8eputy (,buds,an for 6uAon until 2*1'. 0nder Section 11 of /rticle D2 of the
!onstitution, the (,buds,an and his 8eputies shall serve for a ter, of seven years.

2. /fter serving his ter, as such, ,ay he be appointed as the 8eputy (,buds,an for <indanao?

7

:e ,ay not be appointed as the 8eputy (,buds,an for <indanao after his ter, as the 8eputy
(,buds,an for 6uAon. 0nder Section 11 of /rticle D2 of the !onstitution, 8eputy (,buds,en ,ay not be
reappointed.

-. /fter his ter, as 8eputy (,buds,an for 6uAon, ,ay he be appointed as the (,buds,an?

2t is sub,itted that he ,ay be appointed as the (,buds,an. 9he situation would be analogous to the
case of una v. "hairman, "ommission on Audit #$.%. No. 1&2'&1, /pril 27, 2*12+, where the Supre,e !ourt said
that a pro,otional appoint,ent, fro, /ssociate !o,,issioner to !hair,an, would not be covered by the
constitutional ban on reappoint,ent. 2n said case, the !ourt clarified that a >reappoint,ent? would be a
,ove,ent to one and the sa,e office. :ere, the pro,otional appoint,ent would be a ,ove,ent to a different
position, i.e., fro, 8eputy (,buds,an to (,buds,an. /ccordingly, said appoint,ent to the (ffice of the
(,buds,an would be a new appoint,ent, and not a reappoint,ent barred under the !onstitution.

7. <ay he be appointed as the (,buds,an during his fourth year as 8eputy (,buds,an for 6uAon?

Fes, he ,ay be so appointed because, as previously sub,itted, said appoint,ent would not be a
reappoint,ent, but a new appoint,ent.

.. 2f so, how ,any years ,ay he serve as the (,buds,an?
:e ,ay serve as such for seven years.

XI

A decision of the irst Division of the "ommission on +lections is appealed to its +n 0anc. #hree of its members
inhibit themselves, leaving four, including the three members of its irst Division, to decide on said appeal. #he
latter three affirm their decision on, and provide for the dismissal of the, appeal. #he fourth member dissents. Is
the vote supportive of the dismissal of the appeal adequate-

No, the vote is not ade"uate. 9he Supre,e !ourt declared in (arcoleta v. "1(+5+" #$.%. No. 1)1-'',
/pril 27, 2**&+ that the ,ajority vote re"uire,ent for decisions of the !o,,ission on Clections pertains to the
,ajority of all the ,e,bers of the !o,,ission, and not only those who participated and too= part in the
deliberations. Since only three of its ,e,bers voted in favor of the dis,issal of the appeal, it cannot be said that
said dis,issal had the support of the ,ajority of the !o,,ission +n 0anc.

XII

A law is passed on August 67, /36. granting emergency powers to the President. "ongress adjourns on (ay 67,
/364, but is called to special session by the President on 2une 6, /364. Said special session ends on 2une 67, /364.
"ongress meets again in session on 2uly /4, /364. #he President promulgates +%ecutive 1rders on August 6, /364,
pursuant to his emergency powers granted to him by "ongress prior to its adjournment in (ay /364. 1n August
67, /364, "ongress passes a joint resolution withdrawing said emergency powers of the President. ,ould the
President!s +%ecutive 1rders issued on August 6, /364 be valid-

Fes, the C;ecutive (rders issued by the 3resident on /ugust 1, 2*17 would be valid. :is e,ergency
powers did not cease upon the adjourn,ent of the special session of !ongress. 9hey e;pired when !ongress
passed a joint resolution withdrawing the sa,e on /ugust 1., 2*17. :ad !ongress not passed said joint resolution,
said powers would have ter,inated upon the adjourn,ent of its regular session which co,,enced on Buly 27,
2*1-. #See /rticle 12, Section 2- (2 of the !onstitution and Araneta v. Dinglasan, 1*1 3hil. -6).+




.

XIII

#he President e%tends an ad interim appointment in favor of (a% (a$apal. #hereafter, "ongress meets in special
session for two wee$s. It convenes again in regular session three wee$s later. #he "ommission on Appointments
convo$ed during said session fails to approve (a$apal!s appointment until the adjournment of said regular session.
,hen is his ad interm appointment to be considered as having e%pired-

<a=apalEs ad interi, appoint,ent e;pired upon adjourn,ent of !ongressE special session. #8uevara v.
Inocentes, 8.'. 9o. 5*/77::, <arch 1., 1&66, 1) S!%/ -'&+

XIV

#he 9ational &ousing Authority ;9&A<, in the e%ercise of its governmental functions, ta$es over a parcel of land and
converts it into a housing project. #he owner of said parcel of land sues for just compensation. #he 9&A moves to
dismiss said action on the ground that it its ta$ing over of said property constitutes an act jure imperii and that it
had not consented to be sued. 'ule on the motion to dismiss.

9he ,otion to dis,iss should be denied. 9he doctrine of state i,,unity cannot be successfully invo=ed to
defeat a valid clai, or co,pensation arising fro, the ta=ing without just co,pensation and without the proper
e;propriation proceedings being first filed as against the owner of the property. #(inisterio v. "ourt of irst
Instance of "ebu, 7* S!%/ 7674 Air #ransportaton 1ffice v. 'amos, $.%. No. 1).6)., @ebruary 2-, 2*11+

XV

A 'egional #rial "ourt grants a money claim against the =niversity of the Philippines and is poised to issue a writ of
e%ecution against it. If you were counsel for the =niversity, what step, if any, can you ta$e to prevent the
enforcement of the court!s judgment against your client-

2 would file a ,otion to suspend e;ecution and to refer the judg,ent to the !o,,ission on /udit, which
has e;clusive jurisdiction to decide on the allowance or disallowance of ,oney clai,s against the govern,ent,
including the 0niversity of the 3hilippines. #5oc$heed Detective and ,atchman Agency, Inc. v. =niversity of the
Philippines, $.%. No. 1).&1), /pril 1), 2*12+

XVI

A flight attendant dismissed by an airline company because he had e%ceeded the allowable weight for its flight
personnel challenges his termination on the basis of the equal protection clause. 'ule on the challenge.

:is dis,issal is valid for being consistent with the co,panyEs rules. 9he e"ual protection clause >erects
no shield against private conduct, however discri,inatory or wrongful.? #>rasuegui v. Philippine Air 5ines, $.%. No.
16)*)1, (ctober 1', 2**)+

XVII

(agulo (agmaneho is charged with two separate offenses, i.e., ?6@ 'ec$less Imprudence 'esulting in Slight
Physical Injuries under Article .A7 of the 'evised Penal "ode and ?/@ 'ec$less Imprudence 'esulting in &omicide
and Damage to Property, arising from the same vehicular under Article .A7 of the 'evised Penal "ode incident, also
under Article .A7 of the 'evised Penal "ode. &e pleads guilty to the first charge ;'ec$less Imprudence 'esulting in
Slight Physical Injuries<, then moves to quash the second information for 'ec$less Imprudence 'esulting in &omicide
and Damage to Property on the ground of double jeopardy. 'ule on his (otion.

9he <otion should be granted. :is plea of guilty to the first charge gives rise to double jeopardy.
%ec=less i,prudence under /rticle -6. of the %evised 3enal !ode is a single "uasi5offense by itself and not ,erely
6

a ,eans to co,,it other cri,es such that conviction or ac"uittal for such "uasi5offense bars a subse"uent
prosecution for the sa,e "uasi5offense, regardless of its various resulting acts. #People v. Diaz, &7 3hil. '1.4 Ivler v.
(odesto*San Pedro, $.%. No. 1'2'16, Nove,ber 1', 2*1*+

XVIII

#he (unicipality of (eycauayan enters into a contract with (aynilad for the latter to supply water to its residents
for a period of /7 years. (eycauayan is thereafter converted or transformed into a "ity. #he new "ity 8overnment
of (eycauayan passes an ordinance providing for its ta$e*over of all of (aynilad!s facilities and services in its
territory. Discuss the validity of said ordinance.
9he ordinance is valid. 2t constitutes a lawful e;ercise by <eycauayan of its power of e,inent do,ain.
#See 5ong Island ,ater Supply "o., Inc. v. 0roo$lyn, 166 0S 6).+

XIX

Pedro Pusa$al is charged with and pleads Bnot guiltyC to homicide. After arraignment, the "ourt orders the
amendment of the information for purposes of correcting the designation of the offense to murder, in view of the
allegations in the information on the aggravating circumstance of Bdisregard of ran$.C Pedro moves to dismiss
invo$ing his right to be informed of the nature and cause of the accusation against him and on the ground of
double jeopardy. 'ule on the motion.
9he ,otion should be denied. 9he a,end,ent is ,erely for,al, and not substantial. /ccordingly, it does
not place 3edro in double jeopardy. #Pacoy v. "ajigal, $.%. No. 1.'7'2, Septe,ber 2), 2**'+


XX

,hat and whose vote would be re"uired for the G

a. approval of bills?

Si,ple ,ajority vote of each :ouse.

b. ratification of a proposed constitutional a,end,ent ,ade through a peopleEs initiative?

<ajority of the votes cast in the plebiscite called for the purpose.

c. declaration of the e;istence of a state of war?

9wo thirds of both :ouses, in joint session asse,bled, voting separately.

d. convening of a constitutional convention?

9wo5thirds vote of all the ,e,bers of !ongress.

e. validity of a ta; e;e,ption?

<ajority of all the <e,bers of !ongress.


'

INDICATE THE LETTER CORRESPONDING TO THE WORD, PHRASE OR SENTENCE WHICH BEST COMPLETES THE
STATEMENT, ANSWERS THE QUESTION OR APPLIES TO THE FACTS.
I
9he /rchipelago 8octrine teaches that G
/. straight lines are ,ade to connect appropriate points on the coast without departing radically fro, its
general direction, and all waters up to twelve ,iles fro, the low water ,ar= of the coast shall for, part of our
territorial sea.

H. the area up to 2** ,iles fro, the low water ,ar= of our coast shall for, part of our archipelagic
waters.

!. the outer,ost point of our terrestrial do,ain are to be connected with straight baselines and all
waters enclosed thereby shall be considered as our territorial waters.

8. the outer,ost points of our terrestrial do,ain are to be connected with straight baselines and all
waters enclosed thereby shall be considered as our internal waters.

II

/ state ,ay e;ercise its jurisdiction

/. only within its territory.
H. even in the open seas.
!. only in its contiguous Aone.
8. only over it e;clusive econo,ic Aone.

III

9he so5called <ontevideo !onvention G

/. provides for the jurisdiction of States with respect to their territorial seas.
H. provides for the e;clusive econo,ic Aones of States.
!. authoriAes States to enforce their custo,s, fiscal, i,,igrations and sanitary laws
beyond their territorial seas and up to their contiguous Aones.
8. provides for the basic ele,ents of a State.

IV
Which of the following funda,enatal principles found in /rticle 22 of the !onstitution have been considered as self5
e;ecuting?
/. 3olicy of public disclosure.
H. <aintenance of 3eace and (rder
!. 9he pro,otion of labor as a pri,ary social econo,ic force.
8. Social justice policy.




)

V
2nternal self5deter,ination is tanta,ount to G
/. freedo,.
H. autono,y.
!. independence.
8. cooperation.
VI
9he principle of jus postliminium refers to the 5

/. suspension of sovereignty during a belligerent occupation.
H. suspension of acts of sovereignty during a belligerent occupation.
!. restoration of the effectivity of political laws upon ter,ination of a belligerent occupation.
8. revival of legiti,ate govern,ent upon the end of a belligerent occupation.

VII
9he co,,ence,ent of the ter,s of <e,bers of the :ouse of %epresentatives and of Senators ,ay G
/. be changed by law.
H. be changed only by constitutional a,end,ent.
!. be changed even by initiative on a,end,ent of the !onstitution.
8. not be changed at all.

VIII
2n the ,iddle of a ca,paign, the party for,ally withdraws the na,e of its first no,inee because of basic policy
differences.

/. Such withdrawal would be valid because a no,ination ,ay be changed or withdrawn at any ti,e prior to
an election at the discretion of the no,inating political party.
H. Such withdrawal would be invalid because the no,inee had neither died nor beco,e incapacitated.
!. Such withdrawal would be invalid because only a no,inee ,ay for,ally withdraw his no,ination.
8. Such withdrawal would be valid because a party would be entitled not to retain a no,inee who, it feels
no longer represents its interests.

IX
/ law re"uiring candidates to be certified illegal*drug free can be ,ade applicable to a person see=ing election as a
G
/. Senator.
H. !ongress,an.
!. 3arty56ist %epresentative.
8. $overnor.



&

X

Which of the following would not be considered as a,ong the so5called para,eters in our party5list election
syste,?

/. 9wenty percent of the entire ,e,bership of the :ouse of %epresentatives shall be the ,a;i,u,
nu,ber of seats available to party5list organiAation.
H 3arty5lists which garner at least two percent of the total votes casts shall have guaranteed seats.
!. 9he additional seats, or the seats re,aining after the allocation of the guaranteed seats, shall be
distributed a,ong those organiAations that received at least two percent of the total votes cast.
8. Cach party or organiAation shall have a ,a;i,u, of three party5list seats.

XI
Which of the following state,ents is correct?
/. Cach city is a legislative district.
H. /ll provinces need not have contiguous territory.
!. 2t is not necessary to rec=on with the nu,ber of inhabitants for purposes of constituting a province
into a legislative district.
8. Cach additional legislative district re"uires 2.*,*** inhabitants.

XII

9he final version of a bill, as approved by the 6egislatureEs !onference !o,,ittee, G

/. ,ust undergo another >three readings? in the Senate and the :ouse of %epresentatives.
H. need not undergo another >three readings? in the Senate and the :ouse of %epresentatives.
!. ,ay be presented directly to the 3resident for his approval.
8. would constitute a usurpation by said !o,,ittee of the legislative power of !ongress.

XIII
/ legislative veto is G
/. constitutional.
H. a conse"uence of the 6egislatureEs power of in"uiry.
!. violative of the rule on presentment.
8. consistent with the rule on presentment.

XIV

/ proposed revision of the !onstitution is subject to ratification in a plebiscite to be held G

/. not earlier than thirty days nor later than si;ty days after the approval of the sa,e.
H. not earlier than forty5five days nor later than si;ty days after the approval of the sa,e.
!. not earlier than forty5five days nor later than ninety days after the approval of the sa,e.
8. not earlier than si;ty days nor later than ninety days after the approval of the sa,e.




1*

XV
Which of the following state,ents is correct?
/. 9reaties and international agree,ents are ratified by the Senate.
H. 9reaties and international agree,ents are ratified by the 3resident.
!. 9reaties and international agree,ents are concurred in by !ongress.
8. 9reaties and international agree,ents are ratified by !ongress.

XVI
9he co,,ence,ent of the ter, of the 3resident ,ay G
/. be changed by law.
H. not be changed by law.
!. be changed only by constitutional a,end,ent.
8. not be changed at all.

XVII
/ first5ter, 1ice53resident succeeds the 3resident who dies in office during his second year in office. Said 1ice5
3resident ,ay G
/. run for 1ice53resident after his ter, as 3resident ends.
H. thereafter run for 3resident.
!. not run for 1ice53resident after his ter, as 3resident ends.
8. thereafter not be elected as 3resident or 1ice53resident after his ter,s as 3resident ends.

XVIII

9he 3resident ,ay G

/. ,a=e ,idnight appoint,ents.
H. absolutely not ,a=e ,idnight appoint,ents.
!. ,a=e ,idnight appoint,ents, but only with respect to e;ecutive positions in the interest of national
security.
8. ,a=e ,idnight appoint,ents, but only with respect to e;ecutive positions in ti,es of national
e,ergency.

XIX

Which of the following appoint,ents would re"uire confir,ation by the !o,,ission on /ppoint,ents?

/. (fficers whose appoint,ents are by law re"uired to be confir,ed by the !o,,ission on /ppoint,ents.
H. (fficers whose appoint,ents are not otherwise provided for by law.
!. (fficers whose appoint,ents are vested in the 3resident in the !onstitution.
8. (fficers who, the 3resident ,ay be authoriAed by law to appoint.





11

XX

8ual citiAens under %/ &22. are G
/. natural5born citiAens.
H. naturaliAed citiAens.
!. citiAens of the 3hilippines by virtue of the jus soli principle.
8. citiAens of the 3hilippines by virtue of the jus sangunis principle.