2012 Bar Examination – Political Law – MCQ (SEBASTIAN)

No Question Suggested Answer (UP COMPLEX) Topic

.
1 Constitution is defined by Cooley as: (b) Cooley, Constitutional Limitations, p.4 CONSTITUTIONAL LAW;
Constitution defined (2012)
a. a body of statutory, administrative and
political provisions by which the three
branches of government are defined;
b. a body of rules and maxims in accordance
with which the powers of sovereignty are
habitually exercised;
c. a body of rules and edicts emanating from
the rulings of courts and written guidelines
of the executive and the legislature by
which government is governed;
d. a body of interpretations and rules by
which the three branches of government
are judged for purposes of sovereign
compliance with good corporate
governance.
2 The three essential parts of a Constitution are: (a) Nachura, Outline Reviewer in Political Law, p.3 CONSTITUTIONAL LAW; Parts of
the Constitution (2012)
a. the bill of rights, governmental
organization and functions, and method of
amendment;
b. the preamble, the bill of rights, and
provisions on checks and balances;
c. the national territory, the declaration of
principles and state policies, and the
transitory provisions;
d. the executive department, the legislative
department and the judiciary.
3 The constitutional provision on initiative and (c) Section 32, Article VI of Constitution LEGISLATIVE DEPARTMENT;
referendum is not self-executory. This is so AMENDMENTS AND REVISIONS
because it requires: (2012)

a. an implementing resolution from the

 COMELEC;
b. an implementing resolution from the
Supreme Court;
c. an implementing legislation;
d. an implementing resolution from the party-
list representative of the House of
Representatives.
4 In an amendment to the constitution by "initiative (c) Section 2, Article XVII of Constitution CONSTITUTIONAL LAW;
and referendum", the "initiative" phase is meant AMENDMENTS AND REVISIONS
that the people propose the amendments. There is (2012)
a valid proposal when a proposition has received
the approval of:

a. at least 3% of the persons of majority age of

each district, and 12% of the registered
voters of the region from proposal
emanates;
b. at least 3% of the registered voters of each
province and 12% of the total number of
registered voters nationwide;
c. at least 3% of the registered voters of each
district and 12% of the total number of
registered voters nationwide;
d. more than 3% of the 3% of the registered
voters of each district but less than 12% of
the total number of registered voters
nationwide.
5 The Constitution declares that the Philippines is a (b) Cruz, Philippine Political Law, 2005 ed., p.50 CONSTITUTIONAL LAW;
republican state. Republicanism means: PRINCIPLES AND STATE
POLICIES (2012)
a. the form of government must be
presidential;
b. the representatives of the government are
elected by the people;
c. sovereignty resides in the elected
representatives of the government;
d. the form of government cannot be changed
by the people.
6 A chief characteristic of the presidential form of (b) Free Telephone Workers Union vs. Minister of CONSTITUTIONAL LAW;
 government is: Labor and Employment, 108 SCRA 757; and (c) PRINCIPLES AND STATE
Section 4, Article VII of Constitution. It is POLICIES; EXECUTIVE
a. concentration of power in the judiciary thru suggested that either (b) or (c) may be accepted as DEPARTMENT (2012)
the power of expanded judicial review; a correct answer.
b. supremacy of the presidency compared to
the totality of powers of the legislative;
c. regular periodic election of the President
for a fixed term;
d. unlimited term for the President for as long
as elected by the people in free and honest
elections.
7 Which of the following best exemplifies how the (b) Section 19, Article VII of Constitution CONSTITUTIONAL LAW;
system of checks and balances is carried out: PRINCIPLES AND STATE
POLICIES (2012)
a. the legislature passes a law that prohibits
the president from commuting a judiciary
imposed sentence, as a check of the
president;
b. the President pardons a convict as a way to
set aside or modify a judgment of the
judiciary;
c. the judiciary overturns a pardon granted by
the President as a check on executions;
d. the President pardons an accused after
arraignment in the interest of justice.
8 Which phrase best completes the statement – The (c) Cruz, Philippine Political Law, 2005 ed., p.70 CONSTITUTIONAL LAW;
starting point of the principle of separation of PRINCIPLES AND STATE
powers is the assumption of the division of the POLICIES (2012)
functions of government into three distinct classes:

a. the bill of rights, state policies, and social

justice and human rights;
b. the accountability of public officers, the
constitutional commissions, and the
national economy and patrimony;
c. the self-executing provisions, the non-self-
executing provisions, and the self-evident
social justice provisions;
d. the executive, the legislative, and the
 judicial.
9 The Constitution provides that the "separation of (b) Section 5, Article III of Constitution CONSTITUTIONAL LAW;
church and state shall be inviolable." This is PRINCIPLES AND STATE
implemented most by the constitutional principles POLICIES (2012)
embodied in:

a. the free exercise clause;

b. the non-establishment clause;
c. the freedom of religious belief clause;
d. the freedom of religion clause.
10 Which one of the following is a non-self-executing (d) Section 15, Article XIV of Constitution CONSTITUTIONAL LAW;
provision of the Constitution: NATURE OF THE
CONSTITUTION (2012)
a. no law shall be passed abridging the
freedom of speech;
b. no law shall be made respecting an
establishment of religion;
c. no person shall be held to answer for a
criminal offense without due process of
law;
d. the state shall encourage and support
researches and studies on the arts and
culture.
11 Basic Philippine law, in respect of the modes of (c) Section 1, Article IV of Constitution CITIZENSHIP; Modes of
acquiring citizenship, follows the rule(s) of: Acquiring Citizenship (2012)

a. jus soli and jus sanguinis;

b. naturalization and provides for jus soli;
c. jus sanguinis and provides for
naturalization;
d. none of the above.
12 Dual allegiance by citizen is: (c) Section 5, Article IV of Constitution CITIZENSHIP; Dual Citizenship
(2012)
a. inimical to the national interest and is
therefore proscribed by law;
b. inimical to the national interest and is
therefore prescribed by law;
c. inimical to the national interest and
therefore shall be dealt with by law;
 d. inimical to the national interest and is
therefore outside of coverage of law.
13 Margarita was born in 1986 to a Filipino mother (a) Macalintal vs. COMELEC, 405 SCRA 614 CITIZENSHIP; Dual Citizenship
and Swedish father. She has been living and (2012)
continues to live in the US for the last 20 years and
has also been naturalized as a US citizen. She
recently reacquired Philippine citizenship under
RA 9225, the Citizenship Retention and
Reacquisition Act of 2003. Can Margarita vote in
the next national elections?

a. Yes. Dual citizens who are not residents

may register under the Overseas Absentee
Voting Law.
b. Yes. Margarita is a Filipino citizen and thus
may enjoy the right to suffrage like
everyone else without registering as an
overseas absentee voter.
c. No. Margarita fails the residency
requirement under Section 1, Article V of
the Constitution for Filipinos.
d. No. Dual citizens upon renunciation of
their Filipino citizenship and acquisition of
foreign citizenship, have practically and
legally abandoned their domicile and
severed their legal ties to their homeland as
a consequence.
14 Identify which one is an invalid exercise of the (b) United Sates vs. Ang Tang Ho, 43 Phil. 1 LEGISLATIVE DEPARTMENT
legislative power: (2012)

a. legislation by local government on purely

local matters;
b. law granting an administrative agency the
power to define policy and fix standards on
price control;
c. law authorizing the President, in times of
war or other national emergency, for a
limited period, subject to prescribed
 restrictions, to exercise powers necessary
and proper to carry out a declared national
policy;
d. law authorizing the President to fix, within
specific limits, tariff rates, import and
export quotas, and other duties, within the
framework of the national development
program of the government.
15 Which one of the following theories does not (c) United BF Homeowner’s Association vs. BF CONSTITUTIONAL LAW;
support the valid delegation of authority by the homes, INC., 310 SCA 304 PRINCIPLES AND STATE
Congress to an administrative agency: POLICIES; Delegation (2012)

a. an administrative agency may "fill up the

details" of a statute;
b. the legislature may leave to another body
the ascertainment of facts necessary to
bring the law into actual operation;
c. an administrative agency has equal
expertise with the legislature in crafting
and implementing laws;
d. contingent legislation.
16 The rule in Article V1, Section 5 (3) of the (c) Navarro vs. Ermita, 612 SCRA 131 LEGISLATIVE DEPARTMENT
Constitution that "Each legislative district shall (2012)
comprise, as far as practicable, contiguous,
compact and adjacent territory" is a prohibition
against:

a. re-apportionment;
b. commandeering of votes;
c. gerrymandering;
d. re-districting.
17 Article V1, Section 5(3) of the Constitution requires (a) Section 5(3), Article VI of Constitution LEGISLATIVE DEPARTMENT
that for a city to be entitled to have at least one (2012)
representative, its population shall be at least:

a. 250,000;
b. 150,000;
c. 100,000;
d. 175,000.
18 A Senator or Member of the House of (c) Section 11, Article VI of Constitution LEGISLATIVE DEPARTMENT;
Representatives shall be privileged from arrest Privileges (2012)
while Congress is in session for all offenses
punishable by imprisonment of not more than:

a. life imprisonment;
b. reclusion perpetua;
c. six years imprisonment;
d. four years imprisonment.
19 No Senator or member of the House of (b) Section 14, Article VI of Constitution LEGISLATIVE DEPARTMENT;
Representatives may personally appear as counsel Restrictions (2012)
before:

a. any regional court;

b. any court of justice;
c. any inferior court;
d. any appellate court.
20 Which of the following can be changed by an (a) Section 4, Article VI of Constitution; LEGISLATIVE DEPARTMENT;
ordinary law enacted by Congress? (b) Section 4, Article VII of Constitution; Powers (2012)
(d) Section 8, Article VI of Constitution
a. Commencement of the term of office of
Senators;
b. Date of regular election for President and
Vice Presidential;
c. Authority to transfer appropriation;
d. Regular election of the members of
Congress.
21 Congress shall have the sole power to declare the (d) Section 23(2), Article VI of Constitution LEGISLATIVE DEPARTMENT;
existence of a state of war by vote of: Powers(2012)

a. three-fourths of both Houses in joint

session assembled, voting jointly;
b. two-thirds of both Houses in joint session
assembled, voting jointly;
c. two-thirds of both Houses in separate
session assembled, voting jointly;
d. two-thirds of both Houses in joint session,
voting separately.
22 If by the end of any fiscal year, the Congress shall (d) Section 25(7), Article VI of Constitution LEGISLATIVE DEPARTMENT;
 have failed to pass the general appropriations bill Appropriation (2012)
for the ensuring fiscal year, the general
appropriations law for the preceding fiscal year
shall be deemed:

a. referred;
b. unacted;
c. refilled;
d. re-enacted.
23 Provisions unrelated to an appropriation bill are (b) Garcia vs. Mata, 65 SCRA 517 LEGISLATIVE DEPARTMENT;
considered prohibited. These are called: Appropriation (2012)

a. interlopers;
b. riders;
c. outriggers;
d. add-ons.
24 The requirement that "Every bill shall embrace (b) Cooley, Constitutional Limitations, p.143 LEGISLATIVE DEPARTMENT
only one subject which shall be expressed in the (2012)
title thereof" prevents:

a. rollercoaster legislation;
b. log-rolling legislation;
c. rolling fields legislation;
d. loggerhead legislation.
25 The power of the President to veto any particular (c) Section 27(2), Article VI of Constitution LEGISLATIVE DEPARTMENT;
part in an appropriation revenue, or tariff bill, is Presidential Veto (2012)
called the:

a. specific veto;
b. revenue veto;
c. item veto;
d. monetary veto.
26 A tax is progressive when: (c) Reyes vs. Almanzor, 196 SCRA 327 LEGISLATIVE DEPARTMENT;
Power of Taxation (2012)
a. the rate fluctuates as the tax base
decreases;
b. the rate increases as the tax base remains
the same;
c. the rate increases as the tax base increases;
d. the rate decreases as the tax base increases.
27 When the Supreme Court sits en banc, cases are (c) Section 4(2), Article VII of Constitution JUDICIAL DEPARTMENT (2012)
decided by the concurrence of a majority of the
members who:

a. actually sent in memos on matters for

deliberation and called in their votes
thereon;
b. actually participated in the oral arguments
and voted thereon;
c. actually took part in the deliberations on
the issues in the case and voted thereon;
d. actually took part in the voting thereon and
took notes on the actual deliberations.
28 When the Supreme Court sits in division, cases can (a) Section 4(3), Article VII of Constitution JUDICIAL DEPARTMENT (2012)
be decided by as few as a minimum of:

a. three votes;
b. four votes;
c. five votes;
d. six votes.
29 A person who has a personal and substantial (b) People vs. Vera, 65 Phil. 56 JUDICIAL DEPARTMENT;
interest in the case, such that he has sustained, or Judicial Power (2012)
will sustain, direct injury as a result of its
enforcement is considered to have:

a. understanding to challenge the

governmental act;
b. standing to challenge the governmental act;
c. opportunity to challenge the governmental
act;
d. familiarity to challenge the governmental
act.
30 Congressman Sugar Oll authored a bill called (a) Basco vs. PAGCOR, 197 SCRA 52; and JUDICIAL DEPARTMENT;
House Bill No, 0056 which legalizes jueteng. When (c) Francisco vs. House of Representatives, 415 Judicial Power; Judicial Review
the Bill became law (RA 10156), Fr. Nosu Gal, a SCRA 44. It is suggested that either (a) or (c) may (2012)
priest, filed a petition seeking for the nullification be accepted as a correct answer.
of RA 10156 on the ground that it is
unconstitutional as it violates Section 13, Article II,
of the 1987 Constitution which states that "The
 state recognizes the vital role of the youth in
nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and
social well-being". Fr. Gal filed the petition as a
concerned citizen and as taxpayer. Does Fr. Gal
have locus standi?

a. No, because Fr. Gal has no personal and

substantial interest that will be prejudiced
by the implementation of the law;
b. No, the law concerns neither citizens nor
expenditure of public funds;
c. Yes, because the issue is of transcendental
importance;
d. Yes, because as priest, Fr. Gal has special
interest in the well-being of the youth.
31 Where there is "the impossibility of a court’s (b) Bernas, The 1987 Constitution of the Republic JUDICIAL DEPARTMENT;
undertaking independent resolution without of the Philippines: A Commentary (2009 ed.), Judicial Power; Judicial Review;
expressing lack of the respect due coordinate p.986 Political Question (2012)
branches of government; or an unusual need for
unquestioning adherence to a political decision
already made; or the potentially of embarrassment
from multifarious pronouncement by various
departments on a question," describes what kind
of political question:

a. adherence kind;
b. prudential kind;
c. respectful kind;
d. deference kind.
32 The "operative fact" doctrine of constitutional law (d) De Agbayani vs. Philippine National Bank, 38 JUDICIAL DEPARTMENT;
is applied when a law is declared: SCRA 429 Judicial Power; Judicial Review
(2012)
a. operative;
b. factual;
c. constitutional;
d. unconstitutional.
33 The totality of governmental power is contained in (c) and (d). It is suggested either (c) or (d) POLITICAL LAW; General
three great powers: may be accepted as a correct answer. Principles (2012)
 a. police power, power of sequestration,
power of foreign policy;
b. power of immigration, municipal power,
legislative power;
c. executive power, legislative power, judicial
power;
d. police power, power of eminent domain,
power of taxation.
34 The most essential, insistent and the least limitable (b) Edu vs. Ericta, 35 SCRA 482 POLITICAL LAW; General
of (government) powers, extending as it does to all Principles (2012)
the great public needs, is:

a. emergency power;
b. police power;
c. legislative power;
d. power to declare martial law.
35 In the hierarchy of civil liberties, which right (c) Philippine Blooming Mills Employees BILL OF RIGHTS (2012)
occupies the highest preferred position: Organization vs. Philippine Blooming Mills
Company, Inc., 51 SCRA 189
a. right to academic freedom;
b. right to a balanced and healthful ecology;
c. right to freedom of expression and of
assembly;
d. right to equal health.
36 In which of the following would there be no double (b) Section 8, Rule 117 of the Rules on Criminal BILL OF RIGHTS; Rights of the
jeopardy even if a subsequent case is filed? Procedure Accused; Double Jeopardy (2012)

a. Pot is accused before the RTC of qualified

theft. After innumerable postponements
against Pot’s wishes, he moves for
dismissal for denial of the right to a speedy
trial. Prosecutor objected. Dismissal
granted;
b. Pot is accused before the RTC of qualified
theft. After innumerable postponements
against Pot’s wishes, the prosecutor moves
for dismissal with the consent of Pot.
Granted;
 c. Pot is accused before the RTC of qualified
theft. After innumerable postponements
against Pot’s wishes, he moves for
dismissal for denial of the right to a speedy
trial. Prosecutor posts no objections.
Dismissal granted;
d. Pot is accused before the RTC of qualified
theft. After innumerable postponements
against Pot’s wishes, the prosecutor moves
for dismissal over the objections of Pot.
Granted.
37 Under Article III, Section 2 of the Bill of Rights, (b) People vs. Albofera, 152 SCRA 123 BILL OF RIGHTS; Privacy of
which provides for the exclusion of evidence that Communication and
violate the right to privacy of communication and Correspondence (2012)
correspondence, to come under the exclusionary
rule, the evidence must be obtained by:

a. private individuals acting on their own;

b. government agents;
c. private individuals acting on orders of
superiors;
d. former high government officials.
38 The complementing regime that best characterizes (d) Chavez vs. Gonzales, 55 SCRA 441 BILL OF RIGHTS; Freedom of
the guarantees of freedom of speech and of the Speech and of the Press (2012)
press are:

a. prior punishment and moderate

punishment;
b. prior censorship and subsequent remedies;
c. no prior restraint and subsequent
punishment;
d. no prior restraint and no subsequent
punishment.
39 The free exercise and non-establishment clauses (c) Section 5, Article III of Constitution BILL OF RIGHTS; Non-
pertain to which right under the Bill of Rights: Establishment Clause; Freedom of
Religion (2012)
a. liberty of movement;
b. liberty of abode;
c. religion;
 d. life and liberty.
40 The Gangnam Style’s Witnesses (whose tenets are (c) Ignacio vs. De la Cruz, 99 Phil. 346; and (d) BILL OF RIGHTS; Freedom of
derogatory to the Catholic Church), applied for a Iglesia ni Cristo vs. CA, 259 SCRA 529. It is Religion (2012)
permit to use the public plaza and kiosk to hold suggested that either (c) or (d) may be accepted as
their religious meeting on the occasion of their a correct answer.
founding anniversary. Mayor Lebron allowed them
to use the northwestern part of the plaza but not
the kiosk (which is a few meters away from the
Catholic church). Members of the Gangnam Style
Witnesses claim that the act of Mayor Lebron is a
violation of their freedom of assembly and religion.
Is this correct?

a. No, because this is valid exercise of police

power;
b. Yes, because the plaza being of public use
can be used by anybody regardless of
religious belief;
c. No, because historical experience shows
that peace and order may be disturbed
whenever two opposing religious groups or
beliefs expound their dogmas;
d. Yes, because there is no clear and present
danger in holding a religious meeting by
another religious group near a catholic
church.
41 Which one is NOT a recognized limitation to the (d) Section 7, Article III of Constitution BILL OF RIGHTS; Right to
right to information on matters of public concern: Information (2012)

a. national security matters;

b. trade secrets and banking transactions;
c. criminal matters or classified law
enforcement matters;
d. government research data used as a basis
for policy development.
42 Which one of the following circumstances is NOT (a) Republic vs. Castellvi, 58 SCRA 336 FUNDAMENTAL POWERS OF
an element of taking under eminent domain: THE STATE; Eminent Domain
(2012)
 a. entering upon public property for a
momentary period;
b. under color of legal authority;
c. devoting it to public use;
d. as substantially to cust the owner of all
beneficial ownership.
43 Market value for purposes of determining just (c) City of Manila vs. Estrada, 25 Phil. 208 FUNDAMENTAL POWERS OF
compensation in eminent domain has been THE STATE; Eminent Domain
described as the fair value of property: (2012)

a. between one who desires to purchase and

one does not desire to sell;
b. between one who desires to purchase and
one who wants to delay selling;
c. between one who desires to purchase and
one who desires to sell;
d. between one who desires to purchase on
terms and one who desires to sell after a
period of time.
44 Under Article III, Section 12 of the Constitution, (a) People vs. Sunga, 339 SCRA 624; BILL OF RIGHTS; Miranda
any person under investigation for the commission (c) Galman vs. Pamaran, 138 SCRA 294; Doctrine (2012)
of an offense shall have the right to be informed of (d) Section 12, Article III of Constitution.
his right to remain silent, etc. The investigation
referred to is called:

a. preliminary investigation;
b. summary investigation;
c. criminal investigation;
d. custodial investigation.
45 All persons charged shall, before conviction, be (d) Section 13, Article III of Constitution BILL OF RIGHTS; Rights pf the
bailable by sufficient sureties, except those charged Accused (2012)
with:

a. offenses punishable by death when

evidence of guilt is strong;
b. offenses punishable by life imprisonment
when evidence of guilt is strong;
c. offenses punishable by death when
evidence of guilt is weak;
 d. offenses punishable by reclusion perpetua
when evidence of guilt is strong.
46 Criminal trial may proceed, notwithstanding the (b) Section 19, Article III of Constitution BILL OF RIGHTS; Rights of the
absence of the accused provided that he has been Accused (2012)
duly notified, and his failure to appear is
unjustifiable, after:

a. preliminary investigation;
b. arraignment;
c. sentencing;
d. prosecution has rested its case.
47 The requisites of a valid trial in absentia exclude: (b) Carredo vs. People, 183 SCRA 373 BILL OF RIGHTS; Rights of the
Accused (2012)
a. Wherein his/her failure to appear is
unjustifiable;
b. Wherein he/she allows himself/herself to
be identified by the witness in his/her
absence, without further unqualified
admitting that every time a witness
mentions a name by which he/she is
known, it shall be understood to refer to
him/her;
c. Wherein he/she has been duly notified of
the trial;
d. Wherein the accused has already been
arraigned.
48 The privilege of the writ of habeas corpus shall not (d) Section 18, Article VII of Constitution BILL OF RIGHTS; Habeas Corpus
be suspended except in cases of: (2012)

a. imminent danger of invasion or rebellion EXECUTIVE DEPARTMENT

when the public safety requires it; (2012)
b. grave danger of invasion or rebellion when
the public safety requires it;clear and
present danger of invasion or rebellion
when the public safety requires it;invasion
or rebellion when the public safety requires
it.
49 The right of the accused against self-incrimination (a) Khetin vs. Villareal, 42 Phil. 886 BILL OF RIGHTS; Rights of the
 will be violated if: Accused (2012)

a. he is charged with violation of the Anti-

Money Laundering Act and he was required
to produce his bank passbook;
b. he is a public officer charged with amassing
ill-gotten wealth and his statement of
assets and liabilities will be presented as
evidence;
c. his gun was subjected to a ballistics test;
d. a sample of his blood was taken if his blood
type matches the blood type found at the
scene of the crime.
50 The death penalty shall not be imposed: (c) Section 19(1), Article III of Constitution BILL OF RIGHTS; Cruel
Punishment (2012)
a. unless for compelling reasons involving
death penalty crimes and the executive
hereafter provides for it;
b. unless for compelling reasons involving
heinous crimes and a constitutional
amendment provides for it;
c. unless for compelling reasons involving
heinous crimes and Congress hereafter
provides for it;
d. unless for compelling reasons involving
heinous crimes and the Supreme Court
hereafter upholds it.
51 An ex post facto law has been defined as one: (c) Republic vs. Eugenio, 545 SCRA 384 BILL OF RIGHTS; Ex Post Facto
Law (2012)
a. which aggravates a crime or makes it lesser
than when it was committed;
b. which mitigates a crime or makes it lesser
than when it was committed;
c. which aggravates a crime or makes it
greater than when it was committed;
d. which aggravates a crime or makes it non-
criminal after it was committed.
52 A bill of attainder is: (c) People vs. Ferrer, 48 SCRA 382 BILL OF RIGHTS; Bill of
AttainderLaw (2012)
 a. an executive act which inflicts punishment
without tender;
b. a judicial act which inflicts punishment
without tender;
c. a legislative act which inflicts punishment
without trial;
d. a legislative act which pardons punishment
after tender.
53 Which one of the following is NOT an independent (b) Section 1, Article IX-A of Constitution CONSTITUTIONAL
Constitutional Commission under Article IX, COMMISSIONS (2012)
Section 1 of the Constitution:

a. Commission on Elections;
b. Commission on Human Rights;
c. Civil Service Commission;
d. Commission on Audit.
54 The independent Constitutional Commissions (c) Section 5, Article IX-A of Constitution CONSTITUTIONAL
enjoy: COMMISSIONS (2012)

a. decisional autonomy;
b. organizational autonomy;
c. fiscal autonomy;
d. quasi-judicial autonomy.
55 The Civil Service shall be administered by the Civil (b) Section 1(1), Article IX-B of Constitution CONSTITUTIONAL
Service Commission composed of a: COMMISSIONS (2012)

a. Chairman and a Commissioner;

b. Chairman and two (2) Commissioners;
c. Chairman and three (3) Commissioners;
d. Chairman and four (4) Commissioners.
56 In Oposa vs. Factoran, Jr., G.R. No. 101083, July (c) Oposa vs. Factoran, 224 SCRA 792 CONSTITUTIONAL LAW;
30, 1993, the Supreme Court held that the PRINCIPLES AND STATE
personality of the petitioners to sue is based on the POLICIES; Promotion of Health
concept of: and Ecology (2012)

a. ecological responsibility; JUDICIAL DEPARTMENT;

b. environmental accountability; Judicial Power; Judicial Review
c. intergenerational responsibility; (2012)
d. interdisciplinary responsibility.
57 In a unitary system of government, such as the (b) Magtajas vs. Pryce Properties Corporation, 234 LOCAL GOVERNMENT CODE;
 government under the Philippine Constitutor, local SCRA 55 GENERAL POWERS AND
government can only be: ATTRIBUTES OF LOCAL
GOVERNMENT UNITS (2012)
a. an imperuim in imperio;
b. an infra-sovereign subdivision;
c. a sovereign nation;
d. a sovereign entity.
58 Which one is NOT among the Constitutionally (d) Section 2, Article XI of Constitution ACCOUNTABILITY OF PUBLIC
mandated grounds for impeachment of OFFICERS (2012)
impeachable officials:

a. culpable violation of the Constitution;

b. treason, bribery, graft and corruption and
other high crimes;
c. betrayal of public trust;
d. culpable violation of the duty to be at all
times accountable to the people.
59 Which is NOT an impeachable public officer: (c) Section 2, Article XI of Constitution ACCOUNTABILITY OF PUBLIC
OFFICERS (2012)
a. a justice of the Supreme Court;
b. a commissioner of the Comelec;
c. the administrator of the Supreme Court;
d. the Ombudsman.
60 Which has the exclusive power to initiate all cases (b) Section 3(1), Article XI of Constitution ACCOUNTABILITY OF PUBLIC
of impeachment: OFFICERS (2012)

a. the Senate;
b. the House of Representatives;
c. the Senate President;
d. the Speaker of the House of
Representatives.
61 At least one-third of all the members of the House (b) Section 3(1), Article XI of Constitution ACCOUNTABILITY OF PUBLIC
of Representatives may file articles of OFFICERS (2012)
impeachment by:

a. verified bill and resolution;

b. verified complaint and resolution;
c. verified notice and resolution;
d. verified complaint and notice.
62 The President cannot grant pardon in cases of (a) Section 19, Article VII of Constitution EXECUTIVE DEPARTMENT;
 impeachment. He may however exercise such Pardoning Power (2012)
power when:

a. A person convicted in an impeachment

proceeding is subject to prosecution, trial
and punishment in an ordinary criminal
action;
b. A person convicted in an impeachment
proceeding is granted an absolute pardon;
c. A person convicted in an impeachment
proceeding files his appeal before the
Supreme Court;
d. None of the above.
63 A public officer impeached and removed from (c) Section 3(7), Article XI of Constitution ACCOUNTABILITY OF PUBLIC
office shall: OFFICERS (2012)

a. nevertheless be immune from prosecution,

trial and punishment according to law;
b. nevertheless be liable and subject to
prosecution, trial and punishment under
the Anti-Graft and Corrupt Practices Act;
c. nevertheless be liable and subject to
prosecution, trial and punishment
according to law;
d. nevertheless be liable and subject to
prosecution, trial and punishment only for
criminal acts under the law.
64 The Ombudsman and his deputies are appointed (c) Section 9, Article XI of Constitution ACCOUNTABILITY OF PUBLIC
by the President from a list prepared by: OFFICERS (2012)

a. the Integrated Bar of the Philippines;

b. the Commission on Appointments;
c. the Judicial and Bar Council;
d. the Supreme Court.
65 SALN means: (c) Section 17, Article XI of Constitution ACCOUNTABILITY OF PUBLIC
OFFICERS (2012)
a. Summary of assets, liabilities and net
worth;
b. Statement of assets in banks, liabilities and
 net worth;
c. Statement of assets, liabilities and net
worth;
d. Statement of personal assets, liabilities and
net worth.
66 The independent economic planning agency of the (c) Section 9, Article XII of Constitution NATIONAL ECONOMY AND
Government as provided for by the Constitution is PATRIMONY (2012)
the:

a. National Privatization Office;

b. National Productivity Commission;
c. National Economic Development
Authority;
d. National Economic Council.
67 The Independent Central Monetary Authority of (c) Section 20, Article XII of Constitution NATIONAL ECONOMY AND
the Government is the: PATRIMONY (2012)

a. Bankers Association of the Philippines;

b. Philippine Mission of the International
Monetary Fund;
c. Central Bank of the Philippines;
d. World Bank, Philippine Affiliate.
68 The President may contract or guarantee foreign (d) Section 20, Article VII of Constitution EXECUTIVE DEPARTMENT;
loans on behalf of the Republic of the Philippines Borrowing Power (2012)
only upon prior concurrence of the:

a. House of Representatives;
b. Senate;
c. Central Bank;
d. Monetary Board.
69 Bona fide associations of citizens which (d) Section 15, Article XIII of Constitution SOCIAL JUSTICE AND HUMAN
demonstrate capacity of promote the public RIGHTS (2012)
interest and with identifiable leadership,
membership, and structure are:

a. independent party-list organizations;

b. independent sectoral organizations;
c. independent indigenous organizations;
d. independent people’s organizations.
70 The principal function of the Commission on (b) Section 18(1), Article XIII of Constitution SOCIAL JUSTICE AND HUMAN
Human Rights is: RIGHTS (2012)

a. issue writs of injunction/ restraining

orders;
b. investigatory;
c. quasi-judicial;
d. rule-making.
71 Optional religious instruction in public elementary (b) Section 3(3), Article XIV of Constitution EDUCATION, SCIENCE AND
and high schools is allowed provided it be: TECHNOLOGY, ARTS, CULTURE
AND SPORTS; Optional Religious
a. without additional overtime cost to Instruction (2012)
Government;
b. without additional cost to Government;
c. without additional cost for religious books
to Government;
d. without additional power consumption
costs to Government.
72 Academic freedom shall be enjoyed: (d) Section 5(2), Article XIV of Constitution EDUCATION, SCIENCE AND
TECHNOLOGY, ARTS, CULTURE
a. in all public institutions; AND SPORTS; Academic Freedom
b. in all elementary and high schools; (2012)
c. in all schools;
d. in all institutions of higher learning.
73 Under Article 38(1) of the Statute of the (c) Article 38 of Statute of International Court of PUBLIC INTERNATIONAL LAW;
International Court of Justice, which one of the Justice (Int’l humanitarian law is embodied in International Court of Justice
following is NOT considered a source of both customary and conventional int’l law. (Fleck, (2012)
international law: the Handbook of Int’l Humanitarian Law, 2nd ed.,
p.11)
a. international conventions;
b. international custom;
c. international humanitarian law;
d. general principles of law.
74 In international law, it is a norm which States (c) Article 53 of Vienna Convention on the Law of PUBLIC INTERNATIONAL LAW;
cannot derogate or deviate from their agreements: Treaties General Principles (2012)

a. terra nullius;
b. opinio juris;
c. jus cogens;
d. jus cogentus.
75 In international law, the status of an entity as a (b) Brownlie, Principles of Public International PUBLIC INTERNATIONAL LAW;
State is accepted by other States through this act. Law, 7th ed., p.86 General Principles (2012)
It is the "act by which another State acknowledges
that the political entity recognized possesses the
attributes of statehood."

a. accession;
b. recognition;
c. acknowledgment;
d. attribution.
76 An act or process by which a State, in compliance (c) Government of the United States of America vs. PUBLIC INTERNATIONAL LAW;
with a formal demand or request, surrenders to Purganan, 389 SCRA 623 Extradition (2012)
another State an alleged offender or fugitive
criminal who has sought refuge in the territory of
the first State, in order to stand trial or complete
his prison term:

a. extramediation;
b. exterrertioriality;
c. extradition;
d. extraterritoriality.
77 This doctrine considers the general or customary (b) Magallona, Fudamentals of Public PUBLIC INTERNATIONAL LAW;
norms of international law as a part of municipal International Law, p.523 General Principles (2012)
law and are to be enforced as such, without regard
as to whether they are enacted as statutory or
legislative rules or not:

a. accession;
b. incorporation;
c. accretion;
d. adoption.
78 Under the United Nations Conference of the Law (c) Articles 3 and 5, Convention on the PUBLIC INTERNATIONAL LAW;
of the Sea (UNCLOS), the extent of the contiguous Law of the Sea [Note: In the statement of the RIGHT TO TERRITORIAL
zone is: problem, the word “Conference” should read INTEGRITY AND JURISDICTION
“Convention.” None of the items in this MCQ is (2012)
a. 3 nautical miles from the lowest water correct. Reference to lowest water mark may not
mark; be accurate because this applies only to normal
b. 12 miles from the outer limits; baseline, not to straight baseline. Reference to
c. 12 miles from the lowest water mark; “outer limit” is misleading because it does not
 d. 200 miles from the outer limits. indicate the maritime zone of which it is the outer
limit, such as the “outer limt of the territorial
sea.”]
79 It is a line from which the breadth of the territorial (c) Articles 5,6 and 7, Convention on the Law of PUBLIC INTERNATIONAL LAW;
sea and other maritime zones is measured: the Sea RIGHT TO TERRITORIAL
INTEGRITY AND JURISDICTION
a. contiguous line; (2012)
b. economic line;
c. baseline;
d. archipelagic line.
80 It is a maritime zone adjacent to the territorial seas (b) Article 33, Conventio on the Law of The Sea PUBLIC INTERNATIONAL LAW;
where the coastal state may exercise certain RIGHT TO TERRITORIAL
protective jurisdiction: INTEGRITY AND JURISDICTION
(2012)
a. baseline zone;
b. contiguous zone;
c. transit zone;
d. appurtenant zone.
81 Butchoy installed a jumper cable. He was (d) Zapatos vs. People, 411 SCRA 148 BILL OF RIGHTS; Double
prosecuted under a Makati ordinance penalizing Jeopardy (2012)
such act. He moved for its dismissal on the ground
that the jumper cable was within the territorial
jurisdiction of Mandaluyong and not Makati. The
case was dismissed. The City of Mandaluyong
thereafter filed a case against him for theft under
the Revised Penal Code (RCP). Is there double
jeopardy?

a. No. The first jeopardy was terminated with

his express consent;
b. Yes. This is double jeopardy of the second
kind – prosecution for the same act under
an ordinance and a law;
c. Yes. He is prosecuted for the same offense
which has already been dismissed by the
City of Makati;
d. No. The second kind of double jeopardy
under Section 21, Article III only
contemplates conviction or acquittal which
 could terminate a first jeopardy.
82 One of the cardinal primary due process rights in (d) Ang Tibay vs. CIR, 69 Phil. 636 BILL OF RIGHTS; Due Process
administrative proceedings is that evidence must (2012)
be "substantial." "Substantial evidence" is:

a. less than a mere scintilla;

b. less than preponderant scintilla;
c. more than a glint of scintilla;
d. more than a mere scintilla.
83 A statutory provision requiring the President or an (b) and (c) Abakada Guro Party List vs. Purisima, LEGISLATIVE DEPARTMENT;
administrative agency to present the proposed 562 SCRA 251. It is suggested that either (b) or (c) Veto; Oversight (2012)
implementing rules and regulations of a law to may be accepted as a correct answer.
Congress which by itself or through a committee ADMINISTRATIVE CODE (2012)
formed by it, retains a "right" or "power" to
approve or disapprove such regulations before they
may take effect, is a:

a. legislative encroachment;
b. legislative veto;
c. legislative oversight;
d. legislative scrutiny.
84 Which one of the enumeration below does not (d) Section 2(2), Chapter 1, Book VII of ADMINISTRATIVE CODE (2012)
come under the Administrative Code definition of Administrative Code
a "rule":

a. agency statement of general applicability

that implements or interprets a law;
b. fixes and describes the procedures in or
practice requirements of, an agency;
c. includes memoranda and statements
concerning internal administration;
d. an agency process for the formulation of a
final order.
85 Under the Administrative Code, "adjudication" (b) Section 2(9), Chapter 1, Book VII of ADMINISTRATIVE CODE (2012)
means: Administrative Code

a. whole or any part of any agency permit,

certificate, or other form of permission, or
regulation of the exercise of a right or
 privilege;
b. an agency process for the formulation of a
final order;
c. agency process for the formulation,
amendment, or repeal of a rule;
d. agency process involving the grant,
renewal, denial, revocation or conditioning
of a license.
86 The requirement of the Administrative Code on (d) Section 9(1), Chapter 2, Book VII of ADMINISTRATIVE CODE (2012)
"public participation" is that, if not otherwise Administrative Code
required by law, an agency shall:

a. in all cases, publish or circulate notices of

proposed rules and afford interested
parties the opportunity to submit their
views prior to the adoption of any rule;
b. in all clear and proper cases, publish or
circulate notices of proposed rules and
afford interested parties the opportunity to
submit their views prior to the adoption of
any rule;
c. as far as practicable, publish or circulate
notices of proposed rules and afford the
party-list parties the opportunity to submit
their views prior to the adoption of any
rule;
d. as far as practicable, publish or circulate
notices of proposed rules and afford
interested parties the opportunity to
submit their views prior to the adoption of
any rule.
87 Under the Administrative Code, in the fixing of (c) Section 9(2), Chapter 2, Book VII of ADMINISTRATIVE CODE (2012)
rates, no rules or final order shall be valid unless: Administrative Code

a. the proposed rates shall have been

submitted to the U.P. Law Center for
publication at least two weeks before the
first hearing thereon;
 b. the proposed rates shall have been
published in the Official Gazette at least
two weeks before the final hearing thereon;
c. the proposed rates shall have been
published in a newspaper of general
circulation at least two weeks before the
first hearing thereon;
d. the proposed rates shall have been
published in a newspaper of general
circulation at least two weeks before the
final hearing thereon.
88 In the judicial review of decisions of administrative (b) Section 25(7), Chapter 4, Book VII of ADMINISTRATIVE CODE (2012)
agencies, the Administrative Code requires that Administrative Code
the review shall be made:

a. on the basis of the pleadings taken as a

whole;
b. on the basis of the record taken as a whole;
c. on the basis of the evidence taken as a
whole;
d. on the basis of the memoranda taken as a
whole.
89 In the judicial review of decisions of administrative (b) Section 25(7), Chapter 4, Book VII of ADMINISTRATIVE CODE (2012)
agencies, the Administrative Code requires that, Administrative Code
except when specifically provided otherwise by
law:

a. the findings of law of agency when

supported by substantial evidence, shall be
final;
b. the findings of fact of the agency when
supported by preponderant evidence, shall
be final;
c. the findings of fact of the agency when
supported by substantial evidence, shall be
final;
d. the findings of law of the agency when
supported by credible evidence, shall be
 final.
90 The right of the accused to be informed is violated (a) People vs. Ortega, 276 SCRA 166 BILL OF RIGHTS; Rights of the
if: Accused (2012)

a. he was accused of killing his wife by

strangulation but it was proven that his
wife died of poisoning;
b. it was proven that he killed somebody on a
date different from the one alleged in the
information;
c. he was charged with parricide but was
convicted of murder, because it turned out
that he and the victim were not married;
d. the accused was charged with commission
of acts of lasciviousness and was convicted
of unjust vexation.
91 A criminal statute that "fails to give a person of (c) Estrada vs. Sandiganbayan, 369 SCRA 394 BILL OF RIGHTS; Rights of the
ordinary intelligence fair notice that his Accused; Void for Vagueness
contemplated conduct is forbidden by statute" is: (2012)

a. void for fair notice;

b. void for arbitrariness;
c. void for vagueness;
d. void conclusively.
92 "Chilling effect" is a concept used in the area of (a) Chavez vs. Gonzales, 545 SCRA 441 BILL OF RIGHTS; Freedom of
constitutional litigation affecting: Expression (2012)

a. protected speech;
b. protected executive privilege;
c. protected legislative discretion;
d. protected judicial discretion.
93 In the law of libel and protected speech, a person (a) Ayers Production Pty., Ltd. vs. Capulong, 160 BILL OF RIGHTS; Freedom of
who, by his accomplishments, fame, or mode of SCRA 861 Expression (2012)
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:

a. public figure;
b. celebrity;
 c. public official;
d. de facto public officer.
94 Which one of the following is not a proper test in (d) Chavez vs. Gonzales, 545 SCRA 441 BILL OF RIGHTS; Freedom of
cases of challenges to governmental acts that may Expression (2012)
violate protected speech:

a. clear and present danger;

b. balancing of interests;
c. reasonable relation;
d. dangerous tendency.
95 Commercial speech is entitled to: (c) Iglesia ni Cirsto vs. CA, 259 SCRA 529 BILL OF RIGHTS; Freedom of
Expression (2012)
a. more protection compared to other
constitutionally guaranteed expression;
b. equal protection compared to other
constitutionally guaranteed expression;
c. lesser protection compared to other
constitutionally guaranteed expression;
d. none of the above.
96 No liability can attach to a false, defamatory (b) Vasques vs. CA, 314 SCRA 460 BILL OF RIGHTS; Freedom of
statement if it relates to official conduct, unless the Expression (2012)
public official concerned proves that the statement
was with knowledge that it was false or with
reckless disregard of whether it was false or not.
This is known as what rule?

a. libel malice rule;

b. actual malice rule;
c. malice in fact rule;
d. legal malice rule.
97 It is form of entrapment. The method is for an (c) People s. Bohol, 560 SCRA 232 BILL OF RIGHTS; Warrant of
officer to pose as a buyer. He, however, neither Arrest; Search and Seizure (2012)
instigates nor induces the accused to commit a
crime because in these cases, the "seller" has
already decided to commit a crime. The offense
happens right before the eyes of the officer. Under
these circumstances:

a. there is a need for an administrative but

 not a judicial warrant for seizure of goods
and arrest of the offender;
b. there is need for a warrant for the seizure of
the goods and for the arrest of the offender;
c. there is no need for a warrant either for the
seizure of the goods or for the arrest of the
offender;
d. the offender can be arrested but there is a
need for a separate warrant for the seizure
of the goods.
98 Where a police officer observes unusual conduct (b) Terry vs. Ohio, 392 U.S. 1 BILL OF RIGHTS; Warrant of
which leads him reasonably to conclude in light of Arrest; Search and Seizure (2012)
his experience that criminal activity may be afoot
and that the persons with whom he is dealing may
be armed and dangerous and he identifies himself
and makes reasonable inquiries, but nothing
serves to dispel his reasonable fear for his own or
other’s safety, he is entitled to conduct a carefully
limited search of the outer clothing of such persons
for weapons. Such search is constitutionally
permissible and is known as a:

a. stop and search;

b. stop and frisk;
c. stop and interrogate;
d. stop and detain.
99 Accused was charged with slight illegal detention. (c) People vs. Holgado, 85 Phil. 752 BILL OF RIGHTS; Rights of the
On the day set for the trial, the trial court Accused (2012)
proceeded as follows:

"Court: to the accused: Q: "Do you have an

attorney or are you going to plead guilty?"

A: "I have no lawyer and i will plead guilty."

Accused was then arraigned, pleaded guilty, was

found guilty and sentenced. On appeal, the
Supreme Court reversed. The accused was
 deprived of his:

a. right to cross-examination;
b. right to be presumed innocent;
c. right to counsel;
d. right to production of evidence.
100 The constitutional right of an accused "to meet the (b) People vs. Montenegro, 436 SCRA 33 BILL OF RIGHTS; Rights of the
witnesses face to face" is primarily for the purpose Accused (2012)
of affording the accused an opportunity to:

a. identify the witness;

b. cross-examine the witness;
c. be informed of the witness;
d. be heard.
2012 Bar Examination – Political Law – Essay Questions (SEBASTIAN)
No. Question Suggested Answer (UP COMPLEX) Topic
I.a. Mr. Violet was convicted by the RTC of Estafa. On The right to change abode and the right to travel BILL OF RIGHTS; Liberty of
appeal, he filed with the Court of Appeals a are not absolute. The liberty of changing abode Abode; Right to Travel (2012)
Motion to Fix Bail for Provisional Liberty may be impaired upon order of the court. The
Pending Appeal. The Court of Appeals granted order of the Court of Appeals is lawful, because
the motion and set a bail amount in the sum of the purpose is to ensure that the accused will be
Five (5) Million Pesos, subject to the conditions available whenever his presence is required. He is
that he secure "a certification/guaranty from the not being prevented from changing his abode. He
Mayor of the place of his residence that he is a is merely being required to inform the Court of
resident of the area and that he will remain to be Appeals if he does. (Yap vs. Court of Appeals, 358
a resident therein until final judgment is SCRA 564.)
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. Mr. Violet challenges the conditions

imposed by the Court of Appeals as
violative of his liberty of abode and right
to travel. Decide with reasons. (5%)
I.b. b. Are "liberty of abode" and "the right to The liberty of abode and the right to travel are not BILL OF RIGHTS; Liberty of
travel" absolute rights? absolute. The liberty of abode and changing it can Abode; Right to Travel (2012)
Explain. What are the respective be imposed within the limits prescribed by law
exception/s to each right if any? (5%) upon lawful order of the court. The right to travel
may be impaired in the interest of national
security, public safety, or public health as may be
provided by law. (Section 6, Article III of the
Constitution.)

In addition, the court has the inherent power to

restrict the right of an accused who has pending
criminal case to travel abroad to maintain its
jurisdiction over him. (Santiago vs.
Vasquez, 217 SCRA 633.)
II.a. A verified impeachment complaint was filed by Since the verified complaint was filed by ACCOUNTABILITY OF PUBLIC
two hundred (200) Members of the House of 200 Members of the House of Representatives OFFICERS; Impeachment;
Representatives against Madam Chief Justice and they constituted at least one third of its Purpose; Grounds (2012)
Blue. The complaint was immediately Members, it need not undergo the procedure in
transmitted to the Senate for trial. Paragraph 2, Section 3, Article XI of the
Constitution. The verified complaint constitutes
a. Madam Chief Justice Blue challenges such the Articles of Impeachment, and trial by the
immediate transmittal to the Senate Senate should proceed forthwith (Section 3(4),
because the verified complaint 1) not Article XI of the
included in the order of business of the Constitution).
House, 2) was not referred to the House
Committee on Justice for hearing and
consideration for sufficiency in form and
substance, and 3) was not submitted to
the House Plenary for consideration as
enumerated in Paragraph (2), Section 3,
Article XI of the 1987 Constitution. Decide
with reasons. (5%)
II.b. b. What is the purpose of Impeachment? The purpose of impeachment is not to punish but ACCOUNTABILITY OF PUBLIC
Does conviction prevent further only to remove a public officer to secure the OFFICERS; Impeachment;
prosecution and punishment? Explain. people against gross political misdemeanors. Purpose; Grounds (2012)
(3%) (Bernas, The 1987 Constitution of the
Philippines, A Commentary, 2009 ed., p. 1150.)

Conviction does not prevent further prosecution

and punishment. The person convicted is subject
to prosecution and punishment according to law.
(Section 3(7), Article XI of the Constitution.)
II.c. c. Enumerate the grounds for impeachment. The following are the grounds for ACCOUNTABILITY OF PUBLIC
Is graft and corruption a ground for impeachment: OFFICERS; Impeachment;
impeachment? (2%) 1) Culpable violation of the Constitution; Purpose; Grounds (2012)
2) Treason;
3) Bribery;
4) Graft and Corruption;
5) Other high crimes; and
6) Betrayal of public trust
III.a. Mr. Brown, a cigarette vendor, was invited by Brown is not entitled to counsel during the police BILL OF RIGHTS; Rights of the
 PO1 White to a nearby police station. Upon line-up. He was not yet being asked to answer for Accused; Right to Counsel (2012)
arriving at the police station, Brown was asked to a criminal offense. (Gamboa vs. Cruz, 162 SCRA
stand side-by-side with five (5) other cigarette 642.)
vendors in a police line-up. PO1 White informed
them that they were looking for a certain cigarette
vendor who snatched the purse of a passer-by
and the line-up was to allow the victim to point at
the vendor who snatched her purse. No questions
were to be asked from the vendors.

a. Brown, afraid of a "set up" against him,

demanded that he be allowed to secure his
lawyer and for him to be present during
the police line-up. Is Brown entitled to
counsel? Explain (5%)
III.b. b. Would the answer in (a.) be the same if Brown would be entitled to the assistance of a BILL OF RIGHTS; Rights of the
Brown was specifically invited by White lawyer. He was already considered as a suspect Accused; Right to Counsel
because an eyewitness to the crime and was therefore entitled to the rights under (2012)
identified him as the perpetrator? custodial investigation. (People vs. Legaspi, 331
Explain. (3%) SCRA 95.)
III.c. c. Briefly enumerate the so-called "Miranda The Miranda warning means that a person in BILL OF RIGHTS; Rights of the
Rights". (2%) custody who will be interrogated must be Accused; Right to Counsel;
informed of the following: Miranda Rights (2012)

(a) He has the right to remain silent;

(b) Anything said can be used as evidenced
against him;
(c) He has the right to have counsel during the
investigation; and
(d) He must be informed that if he is indigent, a
lawyer will be appointed to represent him.
(Miranda vs. Arizona, 384 U.S. 436.)
IV.a. Mr. Yellow and Mr. Orange were the leading The Supreme Court has no jurisdiction over the EXECUTIVE DEPARTMENT;
candidates in the vice-presidential elections. petition. The Presidential Electoral Tribunal is Presidential Electoral Tribunal
After elections, Yellow emerged as the winner by not simply an agency to which the Members of (2012)
a slim margin of 100,000 votes. Undaunted, the Senate Court were assigned. It is not separate
Orange filed a protest with the Presidential from the Supreme Court. (Macalintal vs. JUDICIAL DEPARTMENT;
 Electoral Tribunal (PET). After due consideration Presidential Electoral Tribunal, 631 SCRA 239.) Judicial Power (2012)
of the facts and the issues, the PET ruled that
Orange was the real winner of the elections and ELECTION LAW; Presidential
ordered his immediate proclamation. Electoral Tribunal (2012)

a. Aggrieved, Yellow filed with the Supreme

Court a Petition for Certiorari challenging
the decision of the PET alleging grave
abuse of discretion. Does the Supreme
Court have jurisdiction? Explain. (3%)
IV.b. b. Would the answer in (a.) be the same if The Supreme Court would have jurisdiction if it LEGISLATIVE DEPARTMENT;
Yellow and Orange were contending for a were the Senate Electoral Tribunal who issued Senate Electoral Tribunal (2012)
senatorial slot and it was the Senate the challenged ruling. The Supreme Court can
Electoral Tribunal (SET) who issued the review its decision if it acted with grave abuse of JUDICIAL DEPARTMENT;
challenged ruling? (3%) discretion. (Lerias vs. House of Representatives Judicial Power (2012)
Electoral Tribunal, 202 SCRA 808.)
ELECTION LAW; Senate
Electoral Tribunal (2012)
IV.c. c. What is the composition of the PET? (2%) The Presidential Electoral Tribunal is composed EXECUTIVE DEPARTMENT;
of the Chief Justice and the Associate Justices of Presidential Electoral Tribunal
the Supreme Court sitting en banc. (Section 4, (2012)
Article VII of the Constitution.)
JUDICIAL DEPARTMENT;
Judicial Power (2012)

ELECTION LAW; Presidential

Electoral Tribunal (2012)
IV.d. d. What is judicial power? Explain Briefly. Judicial Power – Sec.1(1) Art. 8 is the authority to JUDICIAL DEPARTMENT;
(2%) settle justiciable controversies or disputes Judicial Power (2012)
involving rights that are enforceable and
demandable before the courts of justice or the
redress of wrongs for violation of such rights.
(Lopez vs. Roxas, 17 SCRA 756.) it includes the
duty of the courts to settle actual controversies
involving rights which are legally demandable
and enforceable, and to determine whether or not
there has a grave abuse of discretion amounting
 to lack or excess of jurisdiction on the part of any
branch or instrumentality of the government.
(Section 1, Article VIII of Constitution.)
V.a. Judge Red is the Executive Judge of Green City. Since the complaint refers to the performance of JUDICIAL DEPARTMENT;
Red is known to have corrupt tendencies and has the duties of Judge Red, Ombudsman Grey Supervision over the Courts and
a reputation widely known among practicing should not act on it and should refer it to the its Personnel (2012)
lawyers for accepting bribes. Ombudsman Grey, Supreme Court. His investigation will encroach
wishing to "clean up" the government from errant upon the exclusive power of administrative Ombudsman’s Jurisdiction (2012)
public officials, initiated an investigation on the supervision of the Supreme Court over all courts.
alleged irregularities in the performance of duties (Maceda vs. Vasquez, 221 SCRA 464.)
of Judge Red.

a. Judge Red refused to recognize the

authority of the Office of the Ombudsman
over him because according to him, any
administrative action against him or any
court official or employee falls under the
exclusive jurisdiction of the Supreme
Court. Decide with reasons. (5%)
V.b. b. Does the Ombudsman have authority to The Ombudsman can investigate crimes or Ombudsman’s Jurisdiction (2012)
conduct investigation over crimes or offenses committed by public officers which are
offenses committed by public officials that not connected with the performance of their
are NOT in connection or related at all to duties. Under Section 13(1), Article XI of the
the official’s discharge of his duties and Constitution, the Ombudsman can investigate
functions? Explain. (3%) any act or omission of a public official which is
illegal. (Deloso vs. Domingo, 191 SCRA 545.)
V.c. c. Who are required by the Constitution to All public officers and employees are required to ACCOUNTABILITY OF PUBLIC
submit a declaration under oath of his submit a declaration under oath of their assets, OFFICERS; Statement of Assets
assets, liabilities, and net worth? (2%) liabilities and net worth. (Section 17, Article XI of and Liabilities (2012)
the Constitution.)
VI.a. President Black of the Republic of Pasensya (RP) The verbal agreement by telephone is binding PUBLIC INTERNATIONAL LAW;
had a telephone conversation with President Blue between the parties on the basis of customary Verbal Agreement; Source of Int’l
of the People’s Republic of Conquerors (PRC). In international law. (In 1992 the dispute between Law (2012)
that conversation, both leaders agreed that they Denmark and Finland about the construction of a
will both pull-out all their vessels, civilian or bridge was settled by a telephone conversation
otherwise, sea crafts and other ships from the between the Danish and Finnish Prime Ministers.
hotly disputed Kalmado Shoal area within eight In return for payment by Denmark, Finland
(8) days in order to de-escalate the situation. agreed to discontinue the case filed. (Aust,
 After eight days, all RP ships and vessels have left Modern Treaty Law and Practice, p.7.)
the area. However, several military and civilian
ships carrying the PRC flag remained in the area
and began construction of a dock that could
provide fuel and other supplies to vessels passing
by.

a. 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%)
VI.b. b. Assuming the answer to (a.) is in The verbal agreement does not constitute a treaty PUBLIC INTERNATIONAL LAW;
affirmative, does that agreement under the Vienna Convention on the Law of Verbal Agreement; Source of Int’l
constitute a Treaty under the 1969 Vienna treaties. Article 3 requires that for an Law (2012)
Convention on the Law on Treaties? (2%) international agreement to be a treaty, it must be
in written form.
VI.c. c. What are the sources of International The following are the sources of international PUBLIC INTERNATIONAL LAW;
Law? (2%) law: Source of Int’l Law (2012)
(1) International conventions, whether general or
particular, establishing rules expressly recognized
by the contesting states;
(2) International custom, as evidence of a general
practice accepted as law;
(3) The general principles of law recognized by
civilized nation;
VI.d. d. What is opinio juris in International Law? To establish customary international law, two PUBLIC INTERNATIONAL LAW;
(1%) elements must concur: General state practice and Opinio Juris (2012)
opinio juris sire necessitatis. State practice refers
to the continuous repetition of the same or
similar kind of acts or norms bystates. Opinio
juris requires that the state practice or norm be
carried out in such a way as to be evidence of the
 belief that it is obligatory by the existence of a
rule of law requiring it. (Bayan Muna vs. Romulo,
641 SCRA 244.)
VII.a.1. Mayor Pink is eyeing re-election in the next It is the Commission on elections en banc which COMELEC; Commission En
mayoralty race. It was common knowledge in the should decide the petition. Since it involves the Banc; Jurisdiction (2012)
town that Mayor Pink will run for re-election in exercise of the administrative powers of the
the coming elections. The deadline for filing of Commission on Elections, Section 3, Article IX-C
Certificate of Candidacy (CoC) is on March 23 of the Constitution is not applicable. (Baytan vs.
and the campaign period commences the Commission on Elections, 396 SCRA 703.)
following day. One month before the deadline,
Pink has yet to file her CoC, but she has been
going around town giving away sacks of rice with
the words "Mahal Tayo ni Mayor Pink" printed on
them, holding public gatherings and speaking
about how good the town is doing, giving away
pink t-shirts with "Kay Mayor Pink Ako" printed
on them.

a. Mr. Green is the political opponent of

Mayor Pink. In April, noticing that Mayor
Pink had gained advantage over him
because of her activities before the
campaign period, he filed a petition to
disqualify Mayor Pink for engaging in an
election campaign outside the designated
period.

a.1. Which is the correct body to rule on

the matter? Comelec en banc, or Comelec
division? Answer with reasons. (2%)
VII.a.2 a.2. Rule on the petition. (5%) The petition should be denied. Under Section 80 COMELEC; Commission En
. of the Omnibus Election Code, to be liable for Banc; Jurisdiction (2012)
premature campaigning he must be a candidate.
Unless he filed his certificate of candidacy, he is
not a candidate. (Lanot vs. Commission on
Elections, 507 SCRA 114.)
VII.b. b. Distinguish briefly between Quo Warranto In quo warranto in elective office, the issue is the COMELEC; Commission En
in elective office and Quo Warranto in ineligibility of the elected candidate. (Section Banc; Jurisdiction (2012)
 appointive office. (3%) 3(e), Rule 1, Rules of Procedure in Election
Cases.) If he is ineligible, the candidate who got
the second highest number of votes cannot be
proclaimed elected. (Sinsuat vs. Commission on
Elections, 492 SCRA 264.) A voter may file a
petition for quo warranto against an elected
candidate. The petition should be filed within ten
days after the proclamation of the elected
candidate.

In quo warranto in appointive office, the issue is

the legality of the appointment. The court will
decide who between the parties has the legal title
to the office. (Nachura, Outline Reviewer in
Political Law, p.567.)

It is the Solicitor General, a public prosecutor, or

a person claiming to be entitled to the public
office can file a petition for quo warranto against
an appointive official. (Section 2 and 5, Rule 66 of
the Rules of Court.) The Petition should be filed
within one year after the cause of action accrued.
(Section 11, Rule 66 of the Rules of Court.)
VIII.a. a. What is the doctrine of "overbreadth"? In A statute is overbroad when a governmental BILL OF RIGHTS; Overbreadth
what context can it be correctly applied? purpose to control or prevent activities Doctrine vs. Void for Vagueness
Not correctly applied? Explain (5%) constitutionally subject to state regulations is (2012)
sought to be achieved by means which sweep
unnecessarily broadly and invade the area of
protected freedom. It applies both to free speech
cases and penal statutes. However, a facial
challenge on the ground of overbreadth can only
be made in free speech cases because of its
chilling effect upon protected speech. A facial
challenge on the ground of overbreadth is not
applicable to penal statutes, because in general
they have an in terrorem effect. (Southern
Hemisphere Engagement Network, Inc. vs. Anti-
 Terrorism Council, 632 SCRA 146.)
VIII.b. b. What is the doctrine of "void for A statute is vague when it lacks comprehensible BILL OF RIGHTS; Overbreadth
vagueness"? In what context can it be standards that men of common intelligence that Doctrine vs. Void for Vagueness
correctly applied? Not correctly applied? guess at its meaning and differ as to its (2012)
Explain (5%) application. It applies to both free speech cases
and penal statutes. However, a facial challenge on
the ground of vagueness can be made only in free
speech cases. It does not apply to penal statutes.
(Southern Hemisphere Engagement Network,
Inc. vs. Anti-Terrorism Council, 632 SCRA 146.)
IX.a. In a protest rally along Padre Faura Street, Pedrong Pula should be acquitted. His freedom of BILL OF RIGHTS; Freedom of
Manila, Pedrong Pula took up the stage and speech should not be limited in the absence of a Speech; Commercial Speech;
began shouting "kayong mga kurakot kayo! clear and present danger of a substantive evil that Prohibitions (2012)
Magsi-resign na kayo! Kung hindi, manggugulo the state had the right to prevent. He pretended
kami dito!" ("you corrupt officials, you better to hurl a rock but did not actually throw it. He did
resign now, or else we will cause trouble here!") not commit any act of lawless violence. (David vs.
simultaneously, he brought out a rock the size of Macapagal-Arroyo, 489 SCRA 160).
a· fist and pretended to hurl it at the flagpole area
of a government building. He did not actually
throw the rock.

a. Police officers who were monitoring the

situation immediately approached
Pedrong Pula and arrested him. He was
prosecuted for seditious speech and was
convicted. On appeal, Pedrong Pula
argued he was merely exercising his
freedom of speech and freedom of
expression guaranteed by the Bill of
Rights. Decide with reasons. (5%)
IX.b. b. What is "commercial speech"? Is it Commercial speech is communication which BILL OF RIGHTS; Freedom of
entitled to constitutional protection? involves only the commercial interest of the Speech; Commercial Speech;
What must be shown in order for speaker and the audience, such as Prohibitions (2012)
government to curtail "commercial advertisements. (Black’s Law dictionary, 9th ed.,
speech"? Explain. (3%) p.1529.)

Commercial speech is entitled to constitutional

 protection. (Ayer Productions Pty. Ltd. vs.
Capulong, 160 SCRA 861.)

Commercial speech may be required to be

submitted to a government agency for review to
protect public interests by preventing false or
deceptive claims. (Pharmaceutical and Health
Care Association of the Philippines vs. Duque,
535 SCRA 265.)
IX.c. c. What are the two (2) basic prohibitions of The two basic prohibitions on freedom of speech BILL OF RIGHTS; Freedom of
the freedom of speech and of the press and freedom of the press are prior restraint and Speech; Commercial Speech;
clause? Explain. (2%) subsequent punishment (Chavez vs. Gonzales, Prohibitions (2012)
545 SCRA 441.)
X.a. a. What do you understand by the term The hierarchy of civil liberties means that BILL OF RIGHTS; Hierarchy of
"heirarchy of civil liberties"? Explain. freedom of expression and the rights of peaceful Civil Liberties; Freedom of
(5%) assembly are superior to property rights. expression; Peaceful assembly
(Philippine Blooming Mills Employees (2012)
Organization vs. Philippine Blooming Mills
Company, Inc., 51 SCRA 189.)
X.b. b. Distinguish fully between the "free The freedom of exercise of religion entails the BILL OF RIGHTS; Freedom of
exercise of religion clause" and the "non- right to believe, which is absolute, and the right Religion (2012)
establishment of religion clause". (3%) to act on one’s belief, which is subject to
regulation. As a rule, the freedom of exercise of
religion can be restricted only if there is a clear
and present danger of a substantive evil which
the state has the right to prevent. (Iglesia Ni
Cristo vs. Court of Appeals, 259 SCRA 529.)

The non-establishment clause implements the

principle of separation of church and state. The
state cannot set up a church, pass laws that aid
one religion, and all religions, prefer one religion
over another, force or influence a person to go to
or remain away from church against his will, or
force him to profess a belief or disbelief in any
religion. (Everson vs. Board of Education, 330
U.S. 1.)
X.c. c. When can evidence "in plain view" be Evidence in plain view can be seized without need BILL OF RIGHTS; Search and
seized without need of a search warrant? of search warrant if the following elements are Seizure (2012)
Explain. (2%) present:

(1) There was a prior valid intrusion based on the

valid warrantless arrest in which the police were
legally present pursuant of their duties;
(2) The evidence was inadvertently discovered by
the police who had the right to be where they
were;
(3) The evidence must be immediately apparent;
and
(4) Plain view justified seizure of the evidence
without further search. (Del Rosario vs. People,
358 SCRA 372.)