2d POLITICAL LAW ESSAY QUESTIONS L 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 imparted goods were released only.on January 10, 2013. Agreupof 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 inmunity from cult and, alternatively, that liability ehorla li with XYZ Corp. which the Bureau had contracted for the leat of ten {10} high-powered van cranes but delivered only five (5 of these cranes, thus causing the delay in ite cargo-andling operations. It appears that the Bureau, despite demand, dic rot pay XYZ Corp. the PhptMillion deposit and advance rental required under their contract. (a) Will the action by the group of importers prosper? or SUGGESTED ANSWER: (A) No, the action of the group of importers will not prosper. The primary function of the Bureau of Customs is governmental, that of assessing and collecting lawful revenues from imported articles and all other tariffand customs duties, fees, charges, fines and penalties (MobiT Philippines Exploration, Ine. v. Customs Arrastreservice, GR. No, 1-23139, December 17, 1966, 18 SCRA 120). (B)_ Can XYZ Corp. sue the Bureau of Custometocsllect rentals for the deliveied cranes? (976)bo SUGGESTED ANSWERS 10 THE 2079 BAR ExAtanATION ‘QUESTIONS w PoumeaL Late SUGGESTED ANSWER: (8) No, X¥z Corporation cannot sue the Bureau of Customs to collect rentals for the delivered cranes, The contract was a necessary incident to the performance of its governmental function. To properly collect the Feventies and customs duties, the Bureau of Customs mustcheck to determine ifthe declaration of the importers tallies with the landed merchandise. The cranes are needed to haul thelanded merchandise to a suitable place for inspection (Mobil Philippines Exploration, Inc. , Customs Arrastre Service, G.R. No. 123139, December 17, 1966, 18 SCRA 1120), ALTERNATIVE ANSWER: No, XYZ Corporation cannot euc the Bureuu of ‘Customs, because it has no juridical personality separate ANOTHER ALTERNATIVE ANSWER: seca Zit 222 Comporation may sue the urenvofCostome cause the contrast fe Contested with feo function, the operationofthearstrecervice PRanieene Refining Compare. Court of appeals 280 SCRA Ce ne 8, 1996), Besides, 372 Corportion leased its oer beeause the Burems of Customs undertook to fait rentals. Justice and equity demand that the Seon ot Customs should ot be allowed tolnvoke siete mens eeiae from sult Uopubte . Unimerattere Blaster ©.R. No, 166909-10, November as, 2008, 816 Seika soy 1 While Congress was in session, the President appointed. eight Acting Secretaries. A group of Senators free the aninority bloc questioned the validity of the appointments nn & petition before the Supreme Court on the ground thet ‘SUSGESTED ANSWERS TO THE 2019 BAR EXAMINATION at ‘QuEsTIONS mi POLITICAL LAW 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%) SUGGESTED ANSWER: No, the petition should not be granted, The Department Head isan alter egoofthe President and must enjoy his confidence even if the appointment will be merely temporary. The Senators cannot require the President to designate an Undersecretary to be the temporary alter ego of the President (Pimentel, Jt. Ermita, G.R. No. 164978, October 13, 2005, 472 SCRA 587), mm. 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 inthe crime. Elated by thie brealt and desirous of securirig 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 tio ‘thus signed a joint extrajudicial confession which served as the main evidence against them at thelr tial, They, were ‘convicted based on their confession, ‘Should the judgmentof conviction be affirmed or reverse on appeal? (5%)SUGGESTED ANSWER: The judgment of conviction should be seversed on appeal. ic relled mainly onthe entrajudicial confessionot fhe accused. ‘The lawyer assisting them mst be Independent, city Attorney Juan Baan not ladepondent ‘As City Attorney, he provided legal support to the City Mayor in performing bie dutie, whieh lacie ‘he ance ofpeace and order Peoples. 126029, March 27, 2003, 29 8¢RA a4) 7" CRN ALTERNATIVE ANSWER: ‘The judgment of conviction should be affirmed if th 8 shouldbe affirmed ifthe accused faled to object when their extrajudicial conten swoteredinvidence whichis rendered tasmsnibe (Prple o. Samus, GR. No. 198957.58, . 2002, 389 SCRA 93). Rene ectie ee pore eo age aera edn sean Bt ly eB barand bench for thet election te mangers teas Is the law constitutional? (6%) ‘SUOGESTED ANSWER: Hooker pevvdiog hs Chin Alby ur ls nconattetional Pee tae rare Sr Act mr 1961 Constitution ofthe provisionsinkcicievie oeccons 1B ate 1908 Conseuetion sat ee eam oriconsttation, whlcubotinstieeond hens oe te open, alter of vupplecent tee senna Promulgated by the Supreme Const, Conroe eaee Exe enc nw gover aes of peso re toute (Schagarayn Seaceaneyet eta Octeber 12, 1998, 301 SCRA 96). oe ALTERNATIVE ANSWER: ‘The law is valid, beoause the grant of a right to trial by jory involves a substantive law and is within the competence of Congress (Article VIII, Section 5(5) of the 1987 Constitution). v Asa 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, ie, 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%) SUGGESTED ANSWER: ‘The President canbe impeached forculpable violation of the Constitution and betrayal of public trust. The ‘Supreme Court has already ruled that the provision in Article XVIII, Section 25 of the Constitution requires a ‘treaty even for the mere temporary presence of foreign troops in the Philippines (Bayan v. Zamora, G.R. No. 188570, October 10, 2000, 342 SCRA499), The President cannot claim, therefore, that he acted in good faith. (Report of the Special Committee in the Impeachment of President Quirino, Congressional Record of the House of ‘Representatives, Vol.IV, p. 1583). Betrayal of public trust includes violation of the oath of the office of the President (Record of the Constitutional Commission, Vol. If, p.272).. In his oath of office, the President swore to preserve and defend the Constitution (Article VIt, Section S ofthe 1987 Constitution).ALTERNATIVE ANSWER: ‘The Presidentcanbe impeached foreulpable violation ofthe Constitution and graft and corruption (Article XI Section), By onteringinto the executive agreement, the President violated Section ae) of the AntiGraft and Corrupt Practices Act because of the undue injury to the Republic of the Philippines. ML cere pene hepuis et No 71 wong the Unica Natone Convention onthe Law ofthe Sets ome pete al pcan Ca tae es on es corm es Pescara re eet peenmee tres aes Mater ee ee er srs ct ator Sa ere Is the petition meritorious? (6%) ‘SUUGESTED ANSWER: No tie petition lenet meritorious. The United Nations Convention on the Law of the Sea has nothing to do-with theacquisition of loss of territory. It merely regulate seause rights over maritime zones, contiguous zones, exdusive economic zones, and continental shelveswhich iddimits. ‘The Kalayaan lends and the Scarborough Bots are located at an appreciable distance from the ‘et ehoreline llippine archipelago, Astras ‘dine loped around thent trom the necteve baselons willvloiate Article 47(2) and Article 47(2) of the United Tations Convention om the Law of the Sea Il. Whether thetodies of water lying landward of the basctines of the Phlippines are internal waters or archipelagie waters, ‘thePhilippines retains jurisdiction over them (Magallona v.Bmita,G.R No, 187167, July 16,2011, 658SCRA470), va ‘As he was entering a bar, Arnold ~who was holding an ‘unlit cigarette in his right hand ~ was handed a match box. bby someone standingnear thedoorway. Amotd unthinkingly ‘opened the matchbox to light his cigarette and as he did so, @ sprinkle of dried leaves fell out, which the guard noticed. ‘The auard 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 potice 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 festified and narrated the statements he gave the police ‘over Arnold's counsel's objections. While Amolé 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%) SUGGESTED ANSWER: ‘The court was wrong in relying om the silence of ‘Arnold during the police investigation and during the ‘{Glal, Under Article I, Section 120f the 1987 Constitution, he had the right to remain silent. His silence cannot be faken asa tacit admission, otherwise, his right to remain silent would be rendered nugatory. Considering that his, Hight egninst eelfinerimination protects his right to remain silent, he cannot be penalized for exercising it (People v. Galvez, G.R. No, 157221, March 30, 2007, 519 SCRAS24).rs SUGGESTED ANSWERS TO THE 2013 BAR EXAMWATION ‘QUESTIONS av POLITICAL LAW ALTERNATIVE ANSWER: ‘The court correctly convicted Arnold, There is no showing that the evidence for the prosecution was insufficient. When Arnold remained silent, he runs the risk of an inference of guilt from non-production of ‘evidence in his behalf (People v. Solis, G.R. No. 124127, June 29, 1998, 128 SCRA 217). vm. 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, “Hie family sued the school for damages, citing the school’s grossly unreasonable rules that resulted in the denial of admission. They argued that these rales 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%) SUGGESTEDANSWER: 1 shall argue that uader Article XIV, Section 52) of ‘the 1987 Constitution, the educational institution enjoys academic freedom. Academic freedom Includes its rights to prescribe, academic stundards, policies and ‘qualifications for the admission of a student (University of San Agustin, Inc. v. Court of Appeats, G.R. No. 100588, Maroh 7, 1994, 230 SCRA 761). ‘SUGGESTED ANSWERS TO THE 2019 BAR EXAMATION o« ‘QUESTIONS a POLITICAL LAW x, 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 unite in the area. Retired Army Colonel Sangre - who is known asan enti 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 Bstates where a series of robberies has recently taken place. OnMarch 1,2013, Conrad informed his mother, Vannie, that uniformed security guards had invited him fora talkin their office but he refused to come, Later that day, however, Conrad appeared to have relented; he waa ocen 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, ‘Vanni feared the worst because of Col. Sangre’s reputation. ‘She thus reported Conrad’s disappearance to the police. ‘When nothing conerete 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? eo" SUGGESTEDANSWER: ‘The advice of Vannie’s counsel that she filea petition fora writ of amparo is not correct. In order that a writ of, ‘amparo can be availed of against a private Individual for the disappearance of someone, the involvement of the government is indispensable, There is no showing ofany participation of the goverumentin Conrad’sdieappearance (Navia v. Pardico, G.R. No. 184467, June 19, 2012, 673 SCRAGIB).p10 SUGGESTED ANSWERS TO THE 2019 BAR ExAMNATION ‘QUESTIONS W POLITICAL LAW (B) Ifthe petition would prosper, can Col. Sangre be hheld liable and/or responsible for Conrad's disappearance? (6%) SUGGESTED ANSWER: (S)_No, Col. Sangre cannot be held responsible for the disappearance of Conrad. Command responsibility has no applicability to an amparo proceeding (Rubrico ¥. Macapagal-Arroyo, G.R. No, 183871, February 18, 2010, 613 SCRA 233). It may be established merely to enable the court to eraft the appropriate remedies against the responsible parties (Balao v. Macapagal-Arroyo, G.R. No, 186050, December 13, 2011, 662 SCRA 312). ALTERNATIVEANSWER: Although the writ of amparo does not pinpoint criminal culpability for a disappearance, it determines sponsibility, or at least accountability, for the purpose ‘ofimposing the appropriateremedy. Responsibility refers to the extent the actors have beon established to ha participated in an enforced disappearance, as a measure of the remedy, to be crafted, such ax the directive to file the appropriate criminal and civil caves againat the responsible parties (Razon, ur. v. Tagitis, G-R.No. 182498, December 3, 2009, 606 SCRA 598). x ‘The Ambassador ofthe Republic ofthe Kafiristan referred {0 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, ai ‘conditioning units and electrical facilities, Section 10 of the Agreement provides that the Agrecmeut shall be governed bby Philippine laws and that any legal action shall be brought before the proper court of Makati. Kafiristan terminated the SUGGESTED ANSWERS TO THE 2013 BAR EXAMIATION a4 ‘QUESTIONS POLITICAL LAW Agreement because CBM legedly did not comply with their agreed maintenance standards. ‘CBM contested the termination and filed a camplaint against Kafiristan before the Regional Trial Court of Makati ‘The Ambassador wants you to fle a motion to diemiss on the ground of state immunity from suitand to oppose theposition, that under Section 10 of the Agreement, Katiristan expressly waives its immunity from suit, Under these facts, can the Embassy euccesstully invoke immunity from suit? (6%) SUGGESTEDANSWER: ‘Yes, the Embassy can invoke Immunity frem suit. Section’ 10 of the Mulutemsuce Agreement is uot necessarily a waiver of sovereign immunity from sult. It was meant to apply in case the Republic of Kafiristan ‘elects to sue in the local courts or waives its immunity by a subsequent act. The establishment of a diplomatic mission is a sovereign function. This encompasses its maintenance and upkeep. The Maintenance Agreement was in pursuit of a sovereign activity (Republic of the Indonesia v. Vinzon, G-R. No. 184708, June 26,2003, 405. SCRA 126). x. In her interview before the Judicial and Bar Council (¥BC), Commissioner Annie Amorsolo of the National Labor Relations Commission (NLRC) 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, bylaw, entitled tothe rank, benefits and privileges ofa Court of Appeals Justice. Ifyou are a member of the JBC, would you give credit to this explanation? (6%)12 SUGGESTED ANSWERS TO THE 2013 BAR EXMANATION ‘QUESTIONS & POLITICAL LAW SUGGESTEDANSWER: No, I will not give credence to the explanation of Commissioner Annie Amorsolo. Her ranking merely means that she has the same salary and benefite as a Justice of the Court of Appeals. However, she is not actually a Justice of the Court of Appeals. The National Labor Relations is not a court, She does not perform judicial functions (Noblejas_v. Techankee, G-R. No. 1-28790, April 29, 1968, 23 SCRA 405). om. In the May 2013 elections, the Allied Workers’ Group of the Philippines (AWGF}, representing land-based and sea- ‘based workers in the Philippines and overseas, won in the pparty-list congressional elections. Atty. Abling, @ labor lawyer, is its nominee. ‘AS part of the party's advocacy and services, Congressman Ablingengagesin 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 isinvariably there, Congressman Abling largely takesa passive role in the proceedingsalthough ‘he occasionally speaks to supplement the retained counsel's statements. It ie otherwise in CBA negotiations where he actively participates ‘Management lawyers, feeling that @ congressman should not actively participate in cases before labor tribunals and before employersbecause ofthe influence congressman can wield, filed a disbarment case against the Congressman before the Supreme Court for his violation of the Code of Professional Reeponeibility and for breach of trust, in relation particularly with the prohibitions on legislators under the Constitution, [SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION 134 {QUESTIONS im POLITICAL LAW SUGGESTEDANSWER: Being a congressman, Atty. Abling is disqualified under Article VI, Section 14 ofthe 1987 Constitution from personally appearing as counsel before quasi-judicial and other administrative bodies. His speaking for workers before administrative bodies handling labor cases constitutes personal appearance before them (Puyat v. De Guzman, GR. No.1-5122, March25, 1982, 1195SCRA33}. His involvement in collective bargaining acgotiations also involves practice of law, because he Is making use of, his legal knowledge for the benefit of others (Cayetano. Monsod, G.R.No. 100113, September 3, 1991, 201 SCRA 210). ‘The Bureau of Labor Relations is involved in collective bargaining negotiations (Article 250 of Labor Code). ‘Atty. Abling should not be disbarred but should be merely suspended from the practice of law. Suspensions the appropriate penalty for involvement in the unlawful practice oflaw (Tapay v. Bancolo, A.C. No.9604, March20, 2013, 694 SCRA 1). ALTERNATIVE ANSWER: No, Congressman Abling cannot be disbarred. A retalned counsel formally appears for AWGP. His role is Jargely passive and cannot be considered as personal appearance. His participation in the collective bargaining negotiations does not entail personal appearance before anadministrative body (Article VI, Section 13 ofthe 1987 Constitution). MULTIPLE CHOICE QUESTIONS ‘The equal protection clauée is violated by ux) (A), lew prohibiting motorcycles from plying on limitedmas [SUGGESTED ANSWERS TO THE 203 BAR EXAANUATION (QUESTIONS N POLITICAL Lay (B) a law granting Value Added Tax exemption to electric cooperatives that sells electricity to the “homeless oor” (©) alaw providing hata policeman shall be preventively ‘ouspended until the termination of a criminal ease against him; (D) a law providing higher salaries to teachers in public ‘schools who are “foreign hiree;" (B) a law that grants rights to local Filipino workers but denies the same rights to overseas Filipino workers, SUGGESTEDANSWER: (D)_ Unternational School Alliance of Educators v. Quisumbing, G.R. No. 128845, June 1, 2000, 333 SCRA 13). I, Offended by the President's remarks that the Bureaa of Customs isa 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 remark A prudent legal advice is that___. (184) fA) employees ean go on mass leave of absence for one (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; () None of the above can legally be done. SUGGESTED ANSWER: (D) (Tinker v. Des Moines Independent Community School District, February 24, 1969, 393 U.S. 503; “SUGGESTED ANSWERS TO THE 2058 BAR EXANINATION 154 ‘QUESTIONS IW POLITICAL Lay Government Service Insurance System », Villavisa, G.R. No, 180291, July 27, 2010, 625 SCRA 669). UL, 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 obtam at least 10% of the votes cast Is Republic Act No. 1234 valid? (1%) (A) It ie valid ae the bond is a means of ensuring fir, honest, peaceful and orderly elections; (B) It_ is valid as the bond requirement ensures that only candidates with sufficient means and who cannot be cots upled, vant tua for publi office, (©) Its invalid as the requirement effectively imposes ‘4 property qualification to run for public office; (D) tis invalid as the amount of the eurety bond is ‘excessive and unconscionable; (8) Itis valid because it is a reasonable requirement; the Constitution itself expressly supports the accountability of public officers, SUGGESTED ANSWER: {C) (Rdaquerav. Borra, G.R.No.1-24761, September 7, 1968, 15 SCRA 7). IV. What is the legal effect of decisions of the Inteinational Court of Justice in cases submitted to it for resolution? (1%) (8) The decision, is binding on other countries in similar situations; (B) Thedecision isnotbindingon 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 ease; (D) The decision is not binding on the parties and is only advisory;>16 SUGGESTED ANSWERS TO THE 2018 BAR ExAKmATION (QUESTIONS IN POLITICAL LAW (©) The binding effect on the parties depends on their submission agreement. SUGGESTED ANSWER: {C)_ (Article 59 of the Statute of the International Court of Justice), \V. 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 ofthe territorial sa is meaeureds (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 ofthe 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 meaoured;, (8) None of the above. SUGGESTED ANSWER: (&) None of the above, {Note: The nearest to the accurate answer may be (C} but it proposes that the ERZ cannot go beyond 200 nautica, miles “from the baseline from which the outer limit of the temtoriai seais measured.” This is not correct because the baseline ia the point from which the entire breadth of the territorial seais messared Pursuant to ArticleS7 of the UNCLOS, not only from its outer limit as indicated in Letter (C). Letter (C) excludes the entire breadth ofthe territorial sea of 12n.m. from the EEZ contrary to the text of suid article 57 Letter (C) is followed, BRZ will only measure 200 n.m, ‘minus-2. nm, of the territorial sea, resulting in the BES ‘measuring only 188 n.m. in breadth. SUGGESTED ANSWERS TO THE 2013 8AR EXAMHATION me ‘QUESTIONS tv POLITCAL LA Mi. A child born under either the 1973 or the 1987 Constitution, whose father or mother is a Filipina citizen at the time of his birth, ie (19%) (2) nota Fiipino citizen as hie father and mother must both be Hliping ettiens atthe time of hi rt, {B) not a Pilipino citzen if his mother fe Mino citizen but hie father fs not, atthe time of fs bist (€) a iipino citizen no matter where he or she maybe bom; (D)_a Flipino citizen provided the child is bom inthe Philippines "B) a Fino citizen the or se a clect upon reaching the age of 21 SUGGESTED ANSWER. (©) (Artictemt, Section 1(2) ofthe 1973 Constitution}. (Article IV, Section 1(2) of the 1987 Constitution). ‘VIL. Who has controlof theexpenditure of publicfunds? a) (A) The Office ofthe President through the Department of Budget and Management, (B) The House of Representatives from where all appropriation bills emanate; (©) The Senate through its Committee on Finance: {D) The Congress of the Republic of the Philippines; (&) Both the members of Congress and the President ‘acting jointly, if so provided by the General Appropriation Act SUGGESTED ANSWER: (A): (Lawyers Against Monopoly and Poverty v. Secretary of Budget and Management, G.R. No, 164987, April 24, 2012, 670 SCRA 373), VII, May the power of cities to raise revenues be limited by an executive order of the President? (1%)vig SUSCESTED ANSWERS TO THE 2013 BAR EXALGNATION ‘QUESTIONS tM POLTICAL Lavy (A) Yes, because local government unite are under the istrative control of the President through the Department of Interior and Local Government, (B) No, because local governs local fiseal autonomy; (C) No, because only limitations established by Congress ‘ean 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; () Yes, if so provided in a city’s charter. int units now enjoy full SUGGESTED ANSWER: (0) (Article X, Section 5 of the 1987 Constitution). 1X. ‘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 ‘oF non-participation - applies 0%) (a) only to the Supreme Court; (B) toboth the Supreme Courtand the Court of Appeals; (©) 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; sll) Oallcoletaudicia! and ques udiia adjudiotory SUGGESTED ANSWER: Section 18 of the 1987 X. Choose the least accurate statement about the independence guaranteed by the 1987 Constitution to the following constitutional bodice: (1%) (A) The Constitution guarantees the COMELEC decisional and institutional independence similar to that SUGGESTED ANSIMERS TO THE 201 BaR EXTON 194 ‘QUESTIONS iv POLITICAL Lat ‘granted to the Judiciary; (8) All bodies labeled as “independent™ by the Constitution enjoy fiscal autonomy ae an attribute of their independence; (C) Not all podies labeled as “independent® by the Constitution were intended to be independent fem the Bxocutive branch of government; (D). The Constitution guarantecs various degrees of independence from the other branches of government when {labels bodies as “independent”; (E) The COMELEC, the COA, and the CSC enjoy the same degree of independence. SUGGESTED ANSWER: 1A) (Article IX-A of the 1987 Constitution). ALTERNATIVE ANSWER: (C) ANOTHER ALTERNATIVE ANSWER: A,B,C, Dand E XI. _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 (SAPD v. Pilipinas Air, eta, G-R. No, 987654, a case thats stil pending. The High Court 0%) {A) may grant the request by reason ofinter-departmental courtesy; (8) may grant the request as the records of the Fil Air case are public records; x (C) should deny the request since records of cases that fare 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 (©) should grant the request because of the sui ger nature of the power of impeacl atu ofthe power of impeachment, provided tht the Bill of SUGGESTED ANSWER: (C). (inze Letters of A tes Rane Ne, 1-10-1-86, Masch 15, 2012, 668 SORA Te XIL_ Me. sinco su cia MS, Sins sed the uverament ior damage aa in hie favor and awarded damages pobaeaes B50 sie serie the government. “te Onion i avaiable to Me Sines (oy nen we val oe ke (B) File a clair ith the Com ren cert Gem at co sidential Decree 1445; ee {C) Make representati aan te the amount to satisfy the judgment; * coma cdg te 8 Petition for mandamus in court to co date waspa eo here frm ‘execute the judgment as provided by the Rules of Court because the State allowed itself to be sued, governiment funds deposited at the SUGGESTED ANSWER: {B) (University of the Philippines orl er ae apie» ao 0, AWERNA TIVE ANSWER: {C) (University of the Phitippis 2 itippines vs. Dizon, 171182, august 23, 2012, 679 ScRa sa)” EN AL Which ofthe ote ving provision ofthe Cons doa not confer right that can bo onforead in ic coats ta in church-related charitable projects; {B) the State allows prayers in schools for minor children without securing the prior consent of their parents. ‘SUGGESTED ANSWER: (©) (Engel », Vitale, 370 U.S, 421, June 25, 1962). ALTERNATIVE ANSWER: (D) XVI, Patricio was elected member of the House-of Representative in the May 2010 Elections. His opponent ote 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 Prosident ‘can appoint Patricio. (1%) (a) only a8 a member of the board of directors of any government owned and controlled corporation; {(B) only asa deputy Ombudsman; (C) only as a Commissioner of the Civil Service Commission; —~ 1D). only as Chairman of the Commission on Elections; {E) toany position as no prohibition applies to Patricio. SUGGESTED ANSWER: (A) XVII, Senator GSC proposed a Dill increasing excise taxes on tobacco and alcohol products. The generated jneremental revenues shall be used for the universal health care program for all Pilipines 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 foto, The President eventually signed it {nto lew Atty. JRC filed a petition before the Supreme Court, ‘questioning the constitutionality of the mew law, I the law constitutional? (1%)(8) The law is constitutional Purpose and has duly satisfied separate-days rule in both Houses; (8) The law is unconstitutional becalise it violates the equal protection clause of the Constitution; iis Limited ony toaloohol and liquor products, (©) Ie is constitutional because of the Enrolled Bill Theory; : {D) Tis constitutional because it is valid in form and substance and complied with the required lawmalking Procedures; (B) None of the above is correct, because itis for @ public the three-readings-on- ‘SUGGESTED ANSWER: (8) (Article V1, Section 24 of the 1987 Constitution). XVIIL Which of the following statements is correct? 0%) (4) ThePresident, with the concurrence ofthe Monetary Beard, can guarantee & foreign loan on behalf of the Republi, ofthe Philippines; (B) Congress may, by law, provide limitations on the President's power to contract or guarantee foreign loane oo Dehalf of the Repubtic of the Philippines; (C) tm order to be valid and effective, treatice and executive agreements must be concurred in by at least ier ‘thirds of all the Members of the Senate: (D} ‘The President shal, lat the end of every quarter of thecalendar year, submit to Congress a complete report of the loans contracted or guaranteed by the Government or government-owned and controlled corporations, (8) Allthe above choices are defective in eome respects, SUCGESTED ANSWER: {(B) (Article Vit, Section 20 of the 1987 Constitution). XIX. Candida has been administratively charged of ‘immorality for openly living with Manuel, a married’ an Candida argues that her conjugal arrangement with Manccl ts cichaeted cable ees Gh the Se ator pogrom seals fr min cntelea tno sein ne pr comet fOr pare SUGGESTED ANSWER: (&) (Engel v. Vitale, 370 U.S. 421, June 28, 1962). ALTERNATIVE ANSWER: (D) of tne House of (ricio was elected member of ‘ fepresentatve tthe May 2010 Bicone. He opponent ore questioned Petri’ victory before the House 0 epresaneatives. Electoral Tribunal and later with the ee eae iber 2011, the Court denon promt n November 2011, he Co raed none avr ts Pte mas oued rom hi peat si Gongiece. Within yar fom that esiston, the Presiden fan appoint Patil. (56) (8) only a6 member of the oar of areca of any ovetnent onned and controlled corporation: iy nbvarsdepucyombudora {6} only es a Commiscioner of the Civil Se ee in \ission on Elections; (D enlyas Cannan ofthe Com i (2) oeay postion as ao prohibition applic to Pat SUGGESTED ANSWER: (A) sxe 09 opm Sig teres um tobacco snd aco preducs, The generated pe ee ee whe sr Nc weer, trae fre Ae et coca et eae eae Se Ua mae ee Meee eae core 1s the law constitutional? (1%)(A), The law is constitutional because it ie for a public purpose and has duly satisfied the three-readings-on- ‘separate-days rale in both Houses; (8). ‘The law is unconstitutional because it violates the ‘equal protection clause of the Constitution; itis limited only ‘twalcohol and liquor products; (©) It is constitutional because of the Enrolled Bill ‘Theory; (D) Tis constitutional because itis valid in form and substance and complied with the required lawmaking procedures; (6) None of the above is correct SUGGESTED ANSWER: (8) (Article VI, Section 24 of the 1987 Constitution). XVIII. Which of the following statements ie correct? ow (A) The President, with the concurrence ofthe Monetary aurd, can guarantee ¢ foreign loan on behalfof the Republi othe Philippines; {®) Congress may, by law, provide limitations on the Praident’s power to contract or guarantee foreign loans on tehalf of the Republic of the Philippines, () In order to be valid and effective, treaties and eautive agreements must be concurred in by atleast two- thls ofall the Members of the Senate; (D) The President shall, at the end of every quarter of thcolondar year, submit to Congress a complete report of ‘beloans contracted or guaranteed by the Government or gemment-owned and controlled corporations; (B) Allthe above choices are defective in some respects. ‘SUSGESTED ANSWER: (B) (Article VIt, Section 20 of the 1987 Constitution), XIX, Candida has been administratively charged of innorality for openly living with Manuel, a married man, (Candida argues that her conjugal arrangement with Manuel futly conforms with their religious belifs and with the mchinge of the hrc teach sng whether Candia should beadministratively penalized, which is the best test to apply? (1%) and Present Danger Test {8}, Competing Seate interest Test {C) Balancing of Interests Test; {b) Consaentious Objector Test (2) Dangefous Tendeney Test. SUGGESTED ANSWER: (2), (Bstradav, Eseritor, A.M. No, P-02-1651, August 4, 2003, 492 SCRA 1) tual ot util se cnn neat scram ere Sarno taag etn cient What was Carlos’ status during his incumbency as congressman? (1%) (a) He was a de jure officer, having been duly elected tains ae and Frvoi ga not a public afficer because he etlectively ‘congruent eae a he officer since he completed the ceri ottinterm etre no wae squalid a eas de fat ofr since he hed was dnly daguaibed iter, as aa Sngte poerees dere nor de ecto wa auch Geeennination i Pointess, SUGGESTED ANSWER: (D) (Rodriguer v. Tan, G.R. No. 1-3913, August 7 11962, 94 Phil. 724), —000000—