2012 Poli Bar Qs
2012 Poli Bar Qs
2012 Poli Bar Qs
Constitution
Statutes
Executive Issuances
Judicial Issuances
Other Issuances
Jurisprudence
International Legal Resources
AUSL Exclusive
The following questionnaire consists of one hundred (100) MCQs numbered 1 up to 100 contained in TWENTY TWO (22)
pages.
Answer each question on the MCQ Answer Sheet by shading completely the appropriate circle corresponding to the letter
you have chosen. (Read the Marking Instructions on the Answer Sheet)
Avoid erasures on the Answer Sheet. If you need to make corrections, erase completely the answer you want to change.
Do not explain your answers in the MCQ portion of the exam. You will not earn any credit for that.
Keep the Answer Sheet clean. Do not make unnecessary marks on it. Do not fold, roll, scratch, crumple or tear it.
You may write on the questionnaire and use it as scratch paper but make sure to transfer your answer to the Answer Sheet.
Provide ample time to transfer the answers if you choose to do this.
Answer first the MCQs completely before going to the essay-type questions.
HAND IN YOUR ANSWER SHEET. THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.
GOODLUCK!!!
_____________________________________
MARTIN S. VILLARAMA, JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS TWENTY THREE (23) PAGES (INCLUDING THIS PAGE).
"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 witnesses face to face" is primarily for the
purpose 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.
- NOTHING FOLLOWS -
The following questionnaire consists of ten (10) questions (numbered I to X) contained in FIVE (5) pages.
Begin your answer to each numbered question on a separate page; an answer to a sub-question/s under the same number
may be written continuously on the same page and succeeding pages until completed.
Answer the question directly and concisely. Do Not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK. THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.
GOOD LUCK!!!
_____________________________________
MARTIN S. VILLARAMA, JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS SIX (6) PAGES (INCLUDING THIS PAGE).
Mr. Violet was convicted by the RTC of Estafa. On appeal, he filed with the Court of Appeals a Motion to Fix Bail for
Provisional Liberty Pending Appeal. The Court of Appeals granted the motion and set a bail amount in the sum of Five (5)
Million Pesos, subject to the conditions that he secure "a certification/guaranty from the Mayor of the place of his residence
that he is a resident of the area and that he will remain to be a resident therein until final judgment is rendered or in case he
transfers residence, it must be with prior notice to the court". Further, he was ordered to surrender his passport to the
Division Clerk of Court for safekeeping until the court orders its return.
a. 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%)
b. Are "liberty of abode" and "the right to travel" absolute rights?
Explain. What are the respective exception/s to each right if any? (5%)
II.
A verified impeachment complaint was filed by two hundred (200) Members of the House of Representatives against Madam
Chief Justice Blue. The complaint was immediately transmitted to the Senate for trial.
a. Madam Chief Justice Blue challenges such immediate transmittal to the Senate because the verified
complaint 1) not included in the order of business of the 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%)
b. What is the purpose of Impeachment? Does conviction prevent further prosecution and punishment?
Explain. (3%)
c. Enumerate the grounds for impeachment. Is graft and corruption a ground for impeachment? (2%)
III.
Mr. Brown, a cigarette vendor, was invited by PO1 White to a nearby police station. Upon arriving at the police station, Brown
was asked to stand side-by-side with five (5) other cigarette vendors in a police line-up. 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%)
b. Would the answer in (a.) be the same if Brown was specifically invited by White because an eyewitness to
the crime identified him as the perpetrator? Explain. (3%)
c. Briefly enumerate the so-called "Miranda Rights". (2%)
IV.
Mr. Yellow and Mr. Orange were the leading candidates in the vice-presidential elections. After elections, Yellow emerged as
the winner by a slim margin of 100,000 votes. Undaunted, Orange filed a protest with the Presidential Electoral Tribunal
(PET). After due consideration of the facts and the issues, the PET ruled that Orange was the real winner of the elections
and ordered his immediate proclamation.
a. 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%)
b. Would the answer in (a.) be the same if Yellow and Orange were contending for a senatorial slot and it was
the Senate Electoral Tribunal (SET) who issued the challenged ruling? (3%)
c. What is the composition of the PET? (2%)
d. What is judicial power? Explain Briefly. (2%)
V.
Judge Red is the Executive Judge of Green City. Red is known to have corrupt tendencies and has a reputation widely
known among practicing lawyers for accepting bribes. Ombudsman Grey, wishing to "clean up" the government from errant
public officials, initiated an investigation on the alleged irregularities in the performance of duties of Judge Red.
a. 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%)
b. Does the Ombudsman have authority to conduct investigation over crimes or offenses committed by public
officials that are NOT in connection or related at all to the official’s discharge of his duties and functions?
Explain. (3%)
c. Who are required by the Constitution to submit a declaration under oath of his assets, liabilities, and net
worth? (2%)
VI.
President Black of the Republic of Pasensya (RP) had a telephone conversation with President Blue of the People’s Republic
of Conquerors (PRC). In that conversation, both leaders agreed that they will both pull-out all their vessels, civilian or
otherwise, sea crafts and other ships from the hotly disputed Kalmado Shoal area within eight (8) days in order to de-
escalate the situation. After eight days, all RP ships and vessels have left 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%)
b. Assuming the answer to (a.) is in affirmative, does that agreement constitute a Treaty under the 1969
Vienna Convention on the Law on Treaties? (2%)
c. What are the sources of International Law? (2%)
d. What is opinio juris in International Law? (1%)
VII.
Mayor Pink is eyeing re-election in the next mayoralty race. It was common knowledge in the town that Mayor Pink will run for
re-election in the coming elections. The deadline for filing of Certificate of Candidacy (CoC) is on March 23 and the campaign
period commences the 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%)
b. Distinguish briefly between Quo Warranto in elective office and Quo Warranto in appointive office. (3%)
VIII.
a. What is the doctrine of "overbreath"? In what context can it be correctly applied? Not correctly applied?
Explain (5%)
b. What is the doctrine of "void for vagueness"? In what context can it be correctly applied? Not correctly
applied? Explain (5%)
IX.
In a protest rally' along Padre Faura Street, Manila, Pedrong Pula took up the stage and began shouting "kayong mga
kurakot kayo! Magsi-resign na kayo! Kung hindi, manggugulo kami dito!" ("you corrupt officials, you better resign now, or else
we will cause trouble here!") simultaneously, he brought out a rock the size of a· fist and pretended to hurl it at the flagpole
area of a government building. He did not actually throw the rock.
a. 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%)
b. What is "commercial speech"? Is it entitled to constitutional protection? What must be shown in order for
government to curtail "commercial speech"? Explain. (3%)
c. What are the two (2) basic prohibitions of the freedom of speech and of the press clause? Explain. (2%)
X.
a. What do you understand by the term "heirarchy of civil liberties"? Explain. (5%)
b. Distinguish fully between the "free exercise of religion clause" and the "non-establishment of religion
clause". (3%)
c. When can evidence "in plain view" be seized without need of a search warrant? Explain. (2%)
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