November 6, 2016
8:00 A.M. – 12:00 N.N.
8:00 A.M. – 12:00 N.N.
2016 BAR EXAMINATIONS
POLITICAL LAW
INSTRUCTIONS
1. This Questionnaire contains ten(10) pages. Check the number of pages
and make sure it has the correct number of pages and their proper numbers.
All the items have to be answered within/our (4) hours. Since there are
twenty (20) questions, you have 12 minutes to answer each question, and 6
minutes to answer each sub-question. You may write on the Questionnaire
for notes relating to the questions.
Read each question very carefully and write your answers in your Bar
Examination Notebook in the same order the questions are posed. Write your
answers only on the front of every sheet in your Notebook. If not sufficient
then start with the back page of the first sheet and thereafter. Note well the
allocated percentage points for each number, question, or sub-question. In your
answers, use the numbering system in the questionnaire.
2. Answer the Essay questions legibly, clearly, and concisely. Start
each number on a separate page. An answer to a sub-question under the same
number may be written continuously on the same page and the immediately
succeeding pages until completed.
Your answer should demonstrate your ability to analyze the facts, apply
the pertinent laws and jurisprudence, and arrive at a sound or logical
conclusion. Always support your answer with the pertinent laws, rules,
jurisprudence, and the facts.
A mere “Yes” or “No” answer without any corresponding explanation or
discussion will not be given full credit. Thus, always briefly but fully
explain your answers although the question does not expressly ask for an
explanation. You do not need to re-write or repeat the question in your
Notebook.
3. Make sure you do not write your name or any extraneous note/s or
distinctive markings on your Notebook that can serve as an identifying mark/s
(such as names that are not in the given questions, prayers, or private notes
to the Examiner). Writing, leaving, or making any distinguishing or identifying
mark in the exam Notebook is considered cheating and can disqualify you.
YOU CAN BRING HOME THE QUESTIONNAIRE.
-I-
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%)
-II-
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 xx x.” 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%)
-III-
A law converted the component city of Malumanay, 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
ofLaguna 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%)
-IV-
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 o f Health (DOH), the Department o f
Agriculture (DA), the Department o f Education (DepEd), the Department o f
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%)
[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%)
-V-
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 x x x 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%)
[b] Does the assailed portion of section 8 of PD 910 hurdle the
two (2) tests? (2.5%)
-VI-
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%)
-VII-
Ernesto, a minor, while driving a motor vehicle, was stopped at
a mobile checkpoint. Noticing that Ernesto is a minor, SPOl Jojo asked Ernesto
to exhibit his driver’s license but Ernesto failed to produce it. SPOI 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%)
[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.
-VIII-
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%)
[b] The grant of authority to the Barangay Chairman to issue a
Barangay Protection Order (BPO) constitutes an undue delegation of judicial
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.
-IX-
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%)
[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%)
-X-
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%)
-XI-
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%)
(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.
-XII-
Paragraphs c, d and f of Section 36 of Republic Act No. 9165
provide:
“Sec. 36. Authorized drug testing. xx x The following shall be
subjected to undergo drug testing: xx x
c. Students of secondary and tertiary schools x x x;
d. Officers and employees of public and private offices x x x;
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;”
d. Officers and employees of public and private offices x x x;
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%)
-XIII-
While Congress was not in session, the President appointed
Antero as Secretary of the Department of Tourism (DOT), Benito as Commissioner
of the Bureau o f Immigration (BI), Clodualdo as Chairman o f 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%)
[b] A civil society group, the Volunteers Against Misguided
Politics (V AMP), files suit, contesting the legality o f the acts o f 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%)
-XIV-
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 Palawan, 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%)
[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%)
-XV-
Congress passed a bill appropriating PlOO-billion. 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 o f 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%)
-XVI-
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. x x x”
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) ofRule 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%)
-XVII-
[a] Define the archipelagic doctrine of national territory,
state its rationale; and explain how it is implemented through the straight
baseline method. (2.5o/o)
[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%)
-XVIII-
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 ofMayor 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%)
-XIX-
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 ofPledging
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%)
[b] Briefly explain the concept of”benevolent neutrality.”
(2.5%)
-XX-
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 xx x.” Section 23 ofR.A. No. 9165 or the Comprehensive Dangerous Drugs
Act of2002 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 o f guilt 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%)
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