Professional Documents
Culture Documents
7 October 2012
..
Chairpe~
n
2012 Bar Examinations Committee
IPolitical Law
Page 2 of23
1.
a)
b)
c)
d)
2.
a)
b)
c)
d)
3.
a)
b)
c)
d)
4.
a)
b)
c)
Page 3 of23
IPolitical Law
d)
5.
more than 3/o of the 3% of the registered voters of each district but
less than 12% of the total number of registered voters nationwide.
The Constitution declares that the Philippines is a republican state.
Republicanism means:
a)
b)
c)
d)
6.
a)
b)
c)
d)
7.
a)
b)
c)
d)
8.
a)
b)
c)
d)
the bill of rights, state policies, and social justice and human rights;
the accountability of public officers, the constitutional commissions,
and the national economy and patrimony;
the self-executing provisions, the non-self-executing provisions, and
the self-evident social justice provisions;
the executive, the legislative, and the judicial.
IPolitical Law
9.
Page 4 of23 J
10.
a)
b)
c)
d)
11.
the
the
the
the
a)
b)
c)
d)
12.
a)
b)
c)
d)
13.
a)
b)
IPolitical Law
c)
d)
14.
a)
b)
c)
d)
15.
a)
b)
c)
d)
16.
a)
b)
c)
d)
17.
a)
Page 5 of23
re-districting.
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:
250,000;
Page 6 of23
lPolitical Law
b)
c)
d)
18.
a)
b)
c)
d)
19.
a)
b)
c)
d)
150,000;
100,000;
175,000.
A Senator or Member of the House of Representatives shall be
privileged from arrest while Congress is in session for all offenses
punishable by imprisonment of not more than:
life imprisonment;
reclusion perpetua;
six years imprisonment;
four years imprisonment.
No Senate~ or member of the House of Representatives may
personally appear as counsel before:
any
any
any
any
regional court;
court of justice;
inferior cou~;
appellate court.
20.
a)
b)
c)
d)
21.
a)
b)
c)
d)
22.
a)
b)
IPolitical Law
c)
d)
23.
Page 7 of23
refilled;
re-enacted.
Provisions unrelated to an appropriation bill are considered
prohibited. These are called:
1
a)
b)
c)
d)
24.
a)
b)
c)
d)
25.
a)
b)
c)
d)
26.
a)
b)
c)
d)
27.
a)
b)
c)
d)
28.
interlopers;
riders;
outriggers;
add-ons.
The requirement that "Every bill shall embrace only one subject
which shall be expressed in the title thereof' prevents:
rollercoaster legislation;
log-rolling legislation;
rolling fields legislation;
loggerhead legislation.
The power of the President to veto any particular part in an
appropriation revenue, or tariff bill, is called the:
specific vetb;
revenue veto;
item veto;
monetary veto.
A tax is progressive when:
the
the
the
the
rate
rate
rate
rate
When the Supreme Court sits en bane, cases are decided by the
concurrence of a majority of the members who:
actually sent in memos on matters for deliberation and called in their
votes therepn;
actually participated in the oral arguments and voted thereon;
actually took part in the deliberations on the issues in the case and
voted thereon;
actually took part in the voting thereon and took notes on the actual
deliberations.
When the Supreme Court sits in division, cases can be decided by
(Political Law
Page 8 of23
a)
b)
c)
d)
30.
a)
b)
c)
d)
31.
a)
b)
c)
d)
three votes;
four votes;
five votes;
six votes.
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:
understanding to challenge the governmental act;
standing to challenge the governmental act;
opportunity to challenge the governmental act;
familiarity tb challenge the governmental act.
Congressman Sugar 011 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?
No, because Fr. Gal has no personal and substantial interest that will
be prejudiced by the implementation of the law;
No, the law concerns neither citizenship nor expenditure of public
funds;
Yes, because the issue is of transcendental importance;
Yes, because as priest, Fr. Gal has special interest in the well-being
of the youth.
Where there is "the impossibility of a court's undertaking
independent re$olution 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
potentiality of embarrassment from multifarious pronouncement by
various departments on a question," describes what kind of political
question:
adherence kind;
prudential kind;
respectful kind;
deference kind.
IPolitical Law
32.
Page 9 of23
33.
operative;
factual;
,
constitutional;
unconstitutional.
The totality of governmental power is contained in three great
powers:
a)
b)
c)
d)
34.
a)
b)
c)
d)
35.
emergency power;
police power;
legislative ~ower;
power to declare martial law.
In the hierarchy of civil liberties, which right occupies the highest
preferred position:
a)
b)
c)
d)
36.
right to
right to
right to
right to
academic freedom;
a balanced and. healthful ecology;
freedom of expression and of assembly;
equal health.
a)
IPolitical Law
d)
37.
Page 10 of23
Dismissal granted;
Pot is accused before the RTC of qualified theft. After innumerable
postponements against Pot's wish1es, the prosecutor moves for
dismissal over the objections of Pot. Granted.
Under Article Ill, Section 2 of the Bill of Rights, which provides for the
exclusion of evidence that violate the right to privacy of
communication and correspondence, to come under the
exclusionary rule, the evidence must be obtained by:
a)
b)
c)
d)
38.
a)
b)
c)
d)
39.
a)
b)
c)
d)
40.
liberty of movement;
liberty of abode;
religion;
life and lib~rty.
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. M~yor 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)
b)
c)
~fo_liti_cai_La_w______:~-~=-~-=== ---~------P~a~_e_1_1o_f2~3
d)
41.
a)
b)
c)
d)
42.
a)
b)
c)
d)
43.
a)
b)
c)
d)
between one
to sell;
between one
selling;
between one
between one
to sell after a
44.
a)
b)
c)
d)
preliminary investigation:
summary ir,Jvestigation;
criminal investigation;
custodial investigation.
All persons charged shall, before conviction, be bailable by sufficient
sureties, except those charged with.
45.
a)
b)
IPolitical Law
c)
d)
46.
Page 12 of23
strong;
offenses punish.able by death when evidence of guilt is weak;
offenses punishable by reclusion perpetua when evidence of guilt is
strong.
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)
b)
c)
d)
preliminary investigation;
arraignment;
sentencing;
prosecution has rested its case.
I
47.
c)
d)
48.
49.
a)
b)
c)
d)
50.
Page 13 of23
IPolitical Law
a)
b)
c)
d)
51.
unless for compelling reasons involving death penalty crimes and the
executive hereafter provides for it;
unless for compelling reasons involving heinous crimes and a
constitutior,al amendment provides for it;
unless for compelling reasons involving heinous crimes and
Congress hereafter provides for it;
unless for compelling reasons involving heinous crimes and the
Supreme Court hereafter upholds it.
An ex post facto law has been defined as one:
a)
b)
c)
d)
52.
a)
b)
c)
d)
53.
a)
b)
c)
d)
54.
Commission
Commission
Civil Service
Commission
on Elections;
on Human Rights;
Commission;
on Audit.
a)
b)
c)
d)
55.
decisional autonomy;
organizational autonomy;
fiscal autonomy;
quasi-judicial autonomy.
The Civil Service shall be administered by the Civil Service
Commission composed of a:
IPolitical Law
a)
b)
c)
d)
56.
a)
b)
c)
d)
57.
a)
b)
c)
d)
58.
a)
b)
c)
d)
59.
a)
b)
c)
d)
60.
a)
b)
c)
d)
61.
Page 14 of 23 J
Chairman
Chairman
Chairman
Chairman
and
and
and
and
a Commissioner;
two (2) Commissioners;
three (3) Commissioners;
four (4) Commissioners.
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:
ecological responsibility;
environmental accountability;
intergenerational responsibility;
interdisciplinary responsibility.
In a unitary system of government, such as the government under
the Philippine Constitution, local government can only be:
an imperuim in imperio;
an infra-sovereign subdivision;
a sovereign nation;
a sovereign entity.
Which one is NOT among the Constitutionally mandated grounds for
impeachment of impeachable officials:
culpable violation of the Constitution;
treason, bribery, graft and corruption and other high crimes;
betrayal of public trust;
culpable violation of the duty to be at all times accountable to the
people.
'
Which one is NOT an impeachable public officer:
a justice of the Supreme Court;
a commissioner of the Comelec;
the administrator of the Supreme Court;
the Ombudsman.
Which has the exclusive power to initiate all cases of impeachment:
the
the
the
the
Senate;
House of Representatives;
Senate President;
Speaker of the House of Representatives.
At
least ,one-third
of all
the
members
of the
House
of
Page 15 of23
IPolitical Law
Representatives may file articles of impeachment by:
a)
b)
c)
d)
62.
verified
verified
verified
verified
a)
b)
c)
d)
63.
proceeding is subject to
ordinary criminal action;
proceeding is granted an
proceeding files his appeal
64.
neverthele~s
a)
b)
c)
d)
65.
the
the
the
the
SALN meahs:
a)
b)
c)
d)
66.
Page 16 of23
IPolitical Law
a)
b)
c)
d)
67.
National
National
National
National
Privatization Office;
Productivity Commission;
Economic Development Authority;
Economic Council.
68.
a)
b)
c)
d)
69.
House of Repre.sentatives;
Senate;
Central Bank;
Monetary Board.
Bona fide associations of citizens which demonstrate capacity to
promote the public interest and with identifiable leadership,
membership, and structure are:
a)
b)
c)
d)
70.
independent
independent
independent
independent
party-list organizations;
sectoral organizations;
indigenous organizations;
people's organizations.
71.
a)
b)
c)
d)
without
without
without
without
additional
additional
additional
additional
IPolitical Law
72.
a)
b)
c)
d)
73.
a)
b)
c)
d)
74.
a)
b)
c)
d)
75.
76.
in
in
in
in
all
all
all
all
public institutions;
elementary and high schools;
schoo'ls;
institutions of higher learning.
access1on;
recognition;
acknowledgment;
attribution.
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 orljer to stand trial or complete his prison term:
a)
b)
c)
d)
77.
Page 17 of23
extramediation;
exterrertioriality;
extradition;
extraterritoriality.
This doctrine considers the general or customary norms of
international law as part of municipal law and are to be enforced as
IPolitical Law
Page 18 of23
access1on;
incorporation;
accretion;
adoption.
Under the United Nations Conference of the Law of the Sea
(UNCLOS), the extent of the contiguos zone is:
a)
b)
c)
d)
79.
a)
b)
c)
d)
80.
contiguous line;
economic line;
baseline;
archipelagic line.
It is a maritime zone adjacent to the territorial seas where the coastal
state may exercise certain protective jurisdiction:
a)
b)
c)
d)
81.
a)
b)
c)
d)
baseline zone;
contiguous, zone;
transit zone;
appurtenant zone.
Butchoy installed a jumper cable. He was prosecuted under a
Makati ordinanc.e 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 (RPC). Is there double jeopardy?
No. The first jeopardy was terminated with his express consent;
Yes. This is double jeopardy of the second kind- prosecution for the
same act under an ordinance and a law;
Yes. He is prosecuted for the same offense which has already been
dismissed by the City of Makati;
No. The second kind of double jeopardy under Section 21, Article Ill
only contemplates conviction or acquittal which could terminate a
IPolitical Law
Page 19 of23 J
first jeopardy.
82.
a)
b)
c)
d)
83.
a)
b)
c)
d)
84.
a)
b)
c)
d)
85.
a)
b)
c)
d)
86.
a)
IPolitical Law
b)
c)
d)
87.
Page 20 of23
a)
b)
c)
d)
88.
the proposed rates shall have been submitted to the U.P. Law Center
for publication at least two weeks before the first hearing thereon;
the proposed rates shall have been published in the Official Gazette
at least two weeks before the final hearing thereon;
the proposed rates shall have been published in a newspaper of
general circulation at least two weeks before the first hearing
thereon;
the proposed rates shall have been published in a newspaper of
general circulation at least two weeks before the final hearing
thereon.
In the judicial review of decisions of administrative agencies, the
Administrative Code requires that the review shall be made:
1
a)
b)
c)
d)
89.
on
on
on
on
the
the
the
the
basis
basis
basis
basis
of the
of the
of the
of the
IPolitical Law
90.
a)
b)
c)
d)
91.
a)
b)
c)
d)
92.
a)
b)
c)
d)
93.
a)
b)
c)
d)
Page 21 of 23
protected speech;
protected executive privilege;
protected legislative discretion;
protected judicial discretion.
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 become a:
public figure;
celebrity;
public official;
de facto public officer.
I
94.
a)
b)
c)
d)
._(Po_litic_alL_aw_=-95.
a)
b)
c)
d)
96.
a)
b)
c)
d)
97.
a)
b)
c)
d)
98.
a)
b)
~ =-=~ ::~~~=--~
=,
==~
Page 22 of23
JPolitical Law
c)
d)
Page 23 of23
99.
Accused was charged with slight illegal detention. On the day set for
the trial, the! trial court proceeded as follows:
"Court: --to the accused:
Q:
A:
Accused was then arraigned, pleaded guilty, was found guilty and
sentenced. On appeal, the Supreme Court reversed. The accused
was deprived of his:
a)
b)
c)
d)
right to
right to
right to
right to
cross-examination;
be presumed innocent;
counsel;
production of evidence.
100.
a)
b)
c)
d)
7 October 2012
ESSAY-TYPE QUESTIONS
INSTRUCTIONS
The following questionnaire consists of ten ( 10) questions
(numbered I to X) contained in FIVE (5) pages.
Begin your answer to each numbered question on a separate page;
an answer to a sub-question/s under the same number may be
written continuously on the same page and succeeding pages until
completed.
Answer the question directly and concisely.
question. Write legibly.
GOOD LUCK!!!
IPolitical Law
Page 2 of
61
I.
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.
a.
b.
II.
b.
c.
Ill.
Mr. Brown, a cigarette vendor, was invited by P01 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. P01 White
Page 3 of61
informed them that ~hey 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.
11
a.
b.
c.
IV
Mr. Yellow and Mr. Orange were the leading candidates in the vicepresidential elections. After the 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.
a.
b.
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/o)
c.
d.
v
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.
a.
IPolitical Law
Page 4 of61
c.
VI.
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/o)
b.
c.
d.
VII.
IPolitical Law
Page 5 of61
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 dping, giving away pink t-shirts with ;'Kay Mayor Pink Ako" printed on
them.
a.
b.
VIII.
a.
b.
(5o/o)
IX.
In a protest rally'along Padre Faura Street, Manila, Pedrong Pula took up
the stage and began shouting "kayong mga kurakot kayo! Magsi-resign 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.
a.
b.
IPolitical Law
Page
6of 61
What are the two (2) basic prohibitions of the freedom of speech and
of the press clause? Explain. (2%)
X.
a.
b.
c.