2013 Political Law Exam Essay Questions

ON OCTOBER 21, 2013

I.
In the last quarter of 2012, about ,000 container !ans of im"orte# $oo#s inten#e# for the %hristmas &eason were
sei'e# by a$ents of the (ureau of %ustoms. )he im"orte# $oo#s were release# only on *anuary 10,2013. + $rou" of
im"orters $ot to$ether an# file# an action for #ama$es before the ,e$ional )rial %ourt of -anila a$ainst the
.e"artment of /inance an# the (ureau of %ustoms.
)he (ureau of %ustoms raise# the #efense of immunity from suit an#, alternati!ely, that liability shoul# lie with 012
%or". which the (ureau ha# contracte# for the lease of ten 3104 hi$h "owere# !an cranes but #eli!ere# only fi!e 34 of
these cranes, thus causin$ the #elay in its car$o5han#lin$ o"erations. It a""ears that the (ureau, #es"ite #eman#,
#i# not "ay 012 %or". the Ph" 1.0 -illion #e"osit an# a#!ance rental require# un#er their contract.
3+4 6ill the action by the $rou" of im"orters "ros"er7 384
3(4 %an 012 %or". sue the (ureau of %ustoms to collect rentals for the #eli!ere# cranes7 3984
II.
6hile %on$ress was in session, the Presi#ent a""ointe# ei$ht actin$ &ecretaries. + $rou" of &enators from the
minority bloc questione# the !ali#ity of the a""ointments in a "etition before the &u"reme %ourt on the $roun# that
while %on$ress is in session, no a""ointment that requires confirmation by the %ommission on +""ointments, can be
ma#e without the latter:s consent, an# that an un#ersecretary shoul# instea# be #esi$nate# as +ctin$ &ecretary.
&houl# the "etition be $rante#7 384
III.
+ robbery with homici#e ha# ta;en "lace an# Lito, (a#on$ an# ,olliewere in!ite# for questionin$ base# on the
information furnishe# by a nei$hbor that he saw them come out of the !ictim:s house at about the time of the
robbery<;illin$. )he "olice confronte# the three with this an# other information they ha# $athere#, an# "ointe#ly
accuse# them of committin$ the crime.
Lito initially resiste#, but e!entually bro;e #own an# a#mitte# his "artici"ation in the crime. Elate# by this brea; an#
#esirous of securin$ a written confession soonest, the "olice calle# %ity +ttorney *uan (uan to ser!e as the trio:s
counsel an# to a#!ise them about their ri$hts #urin$ the in!esti$ation.
(a#on$ an# ,ollie, wea;ene# in s"irit by Lito:s early a#mission, li;ewise a#mitte# their "artici"ation. )he trio thus
si$ne# a =oint extra5=u#icial confession which ser!e# as the main e!i#ence a$ainst them at their trial. )hey were
con!icte# base# on their confession.
&houl# the =u#$ment of con!iction be affirme# or re!erse# on a""eal7 384
I>.
%on$ress enacte# a law "ro!i#in$ for trial by =ury for those char$e# with crimes or offenses "unishable by reclusion
"er"etua or life im"risonment. )he law "ro!i#es for the qualifications of members of the =ury, the $ui#elines for the
bar an# bench for their selection, the manner a trial by =ury shall o"erate, an# the "roce#ures to be followe#.
Is the law constitutional7 3?84
>.
+s a lea#in$ member of the La"ian$ -an#iri$ma in the @ouse of ,e"resentati!es, you were tas;e# by the "arty to
initiate the mo!es to im"each the Presi#ent because he entere# into an executi!e a$reement with the A&
+mbassa#or for the use of the former &ubic Ba!al (ase by the A& Ba!y, for free, i.e., without nee# to "ay rent nor
any ;in# of fees as a show of $oo#will to the A.&. because of the continuin$ harmonious ,P5A& relations.
%ite at least two 324 $roun#s for im"eachment an# ex"lain why you chose them. 3?84
>I.
%on$ress "asse# ,e"ublic +ct Bo. CC11 to com"ly with the Anite# Bations %on!ention on the Law of the &ea.
In a "etition file# with the &u"reme %ourt, +na; )i Ilocos, an association of Ilocano "rofessionals, ar$ue# that
,e"ublic +ct Bo. CC11#iscar#e# the #efinition of the Phili""ine territory un#er the )reaty of Paris an# in relate#
treatiesD exclu#e# the Ealayaan Islan#s an# the &carborou$h &hoals from the Phili""ine +rchi"ela$ic baselinesD an#
con!erte# internal waters into archi"ela$ic waters.
Is the "etition meritorious7 3?84
>II.
+s he was enterin$ a bar, +rnol# 5who was hol#in$ an unlit ci$arette in his ri$ht han# 5was han#e# a match box by
someone stan#in$ near the #oorway. +rnol# unthin;in$ly o"ene# the matchbox to li$ht his ci$arette an# as he #i# so,
a s"rin;le of #rie# lea!es fell out, which the $uar# notice#. )he $uar# imme#iately fris;e# +rnol#, $rabbe# the
matchbox, an# sniffe# its contents. +fter confirmin$ that the matchbox containe# mari=uana, he imme#iately arreste#
+rnol# an# calle# in the "olice.
+t the "olice station, the $uar# narrate# to the "olice that he "ersonally cau$ht +rnol# in "ossession of #rie#
mari=uana lea!es. +rnol# #i# not contest the $uar#:s statementD he stea#fastly remaine# silent an# refuse# to $i!e
any written statement. Later in court, the $uar# testifie# an# narrate# the statements he $a!e the "olice o!er +rnol#:s
counsel:s ob=ections. 6hile +rnol# "resente# his own witnesses to "ro!e that his "ossession an# a""rehension ha#
been set5u", he himself #i# not testify.
)he court con!icte# +rnol#, relyin$ lar$ely on his a#mission of the char$e by silence at the "olice in!esti$ation an#
#urin$ trial.
/rom the constitutional law "ers"ecti!e, was the court correct in its rulin$7 3?84
>III.
(obby, an incomin$ thir# year colle$e stu#ent, was #enie# a#mission by his uni!ersity, a "remiere e#ucational
institution in -anila, after he faile# in three 334 ma=or sub=ects in his so"homore year. )he #enial of a#mission was
base# on the uni!ersity:s rules an# a#mission "olicies.
Anable to co"e with the #e"ression that his non5a#mission tri$$ere#, (obby committe# suici#e. @is family sue# the
school for #ama$es, citin$ the school:s $rossly unreasonable rules that resulte# in the #enial of a#mission. )hey
ar$ue# that these rules !iolate# (obby:s human ri$hts an# the "riority consi#eration that the %onstitution $i!es to the
e#ucation of the youth.
1ou are counsel for the uni!ersity. Ex"lain your ar$uments in su""ort of the uni!ersity:s case. 3?84
I0.
%onra# is wi#ely ;nown in the nei$hborhoo# as a #ru$ a##ict. @e is also sus"ecte# of bein$ a member of the
notorious F+;yat5%on#o Gan$H that has "re!iously bro;en into an# loote# con#ominium units in the area.
,etire# +rmy %olonel &an$re I who is ;nown as an anti5terrorism fi$hter who #is#aine# human an# constitutional
ri$hts an# has been nic;name# Fterror of -in#anaoH Iis now the @ea# of &ecurity of %a"ricorn Lan# %or"oration, the
owner an# #e!elo"er of &a$ittarius Estates where a series of robberies has recently ta;en "lace.
Jn -arch l, 2013, %onra# informe# his mother, >annie, that uniforme# security $uar#s ha# in!ite# him for a tal; in
their office but he refuse# to come. Later that #ay, howe!er, %onra# a""eare# to ha!e relente#D he was seen wal;in$
into the security office flan;e# by two security $uar#s. Bobo#y saw him lea!e the office afterwar#s.
%onra# #i# not $o home that ni$ht an# was ne!er seen a$ain. )he followin$ wee; an# after a wee;5lon$ search,
>annie feare# the worst because of %ol. &an$re:s re"utation. &he thus re"orte# %onra#:s #isa""earance to the
"olice. 6hen nothin$ concrete resulte# from the "olice in!esti$ation, >annie I at the a#!ice of counsel I f1le# a
"etition for a writ of am"aro to com"el %ol. &an$re an# the &a$ittarius &ecurity Jffice to "ro#uce %onra# an# to hol#
them liable an# res"onsible for %onra#:s #isa""earance.
3+4 .i# >annie:s counsel $i!e the correct le$al a#!ice7 3?84
3(4 If the "etition woul# "ros"er, can %ol. &an$re be hel# liable an#<or res"onsible for %onra#:s #isa""earance7 3?84
0.
)he +mbassa#or of the ,e"ublic of Eafiristan referre# to you for han#lin$, the case of the Embassy:s -aintenance
+$reement with %(-, a "ri!ate #omestic com"any en$a$e# in maintenance wor;. )he +$reement bin#s %(-, for a
#efine# fee, to maintain the Embassy:s ele!ators, air5con#itionin$ units an# electrical facilities. &ection 10 of the
+$reement "ro!i#es that the +$reement shall be $o!erne# by Phili""ine laws an# that any le$al action shall be
brou$ht before the "ro"er court of -a;ati. Eafiristan terminate# the +$reement because %(- alle$e#ly #i# not
com"ly with their a$ree# maintenance stan#ar#s.
%(- conteste# the tennination an# file# a com"laint a$ainstEafiristan before the ,e$ional )rial %ourt of -a;ati. )he
+mbassa#or wants you to file a motion to #ismiss on the $roun# of state immunity from suit an# to o""ose the
"osition that un#er &ection 10 of the +$reement, Eafiristan ex"ressly wai!es its immunity from suit.
An#er these facts, can the Embassy successfully in!o;e immunity from suit7 3?84
0I.
In her inter!iew before the *u#icial an# (ar %ouncil 3*(%4,%ommissioner +nnie +morsolo of the Bational Labor
,elations %ommission claims that she shoul# be $i!en cre#it for =u#icial ser!ice because as BL,% %ommissioner,
she has the ran; of a *ustice of the %ourt of +""ealsD she a#=u#icates cases that are a""ealable to the %ourt of
+""ealsD she is assi$ne# car "late Bo. 10D an# she is, by law, entitle# to the ran;, benefits an# "ri!ile$es of a %ourt of
+""eals *ustice.
If you are a member of the *(%, woul# you $i!e cre#it to this ex"lanation7 3?84
0II.
In the -ay 2013 elections, the +llie# 6or;ers: Grou" of the Phili""ines 3+6GP4, re"resentin$ lan#5base# an# sea5
base# wor;ers in the Phili""ines an# o!erseas, won in the "arty list con$ressional elections. +tty. +blin$, a labor
lawyer, is its nominee.
+s "art of the "arty:s a#!ocacy an# ser!ices, %on$ressman +blin$ en$a$es in labor counselin$, "articularly for local
wor;ers with claims a$ainst their em"loyers an# for those who nee# re"resentation in collecti!e bar$ainin$
ne$otiations with em"loyers. 6hen labor cases arise, +6GP enters its a""earance in re"resentation of the wor;ers
an# the %on$ressman ma;es it a "oint to be there to accom"any the wor;ers, althou$h a retaine# counsel also
formally enters his a""earance an# is in!ariably there. %on$ressman +blin$ lar$ely ta;es a "assi!e role in the
"rocee#in$s althou$h he occasionally s"ea;s to su""lement the retaine# counsel:s statements. It is otherwise in %(+
ne$otiations where he acti!ely "artici"ates.
-ana$ement lawyers, feelin$ that a con$ressman shoul# not acti!ely "artici"ate in cases before labor tribunals an#
before em"loyers because of the influence a con$ressman can wiel#, file# a #isbarment case a$ainst the
%on$ressman before the &u"reme %ourt for his !iolation of the %o#e of Professional ,es"onsibility an# for breach of
trust, in relation "articularly with the "rohibitions on le$islators un#er the %onstitution.
Is the cite# $roun# for #isbarment meritorious7 3?84

2013 Political Law Exam -%Qs
ON OCTOBER 21, 2013
K(elow are the -ulti"le %hoice Questions as;e# in the 2013 (ar Exams in Political Law. +nswers are hi$hli$hte#.L
1. The equal protection clause is violated by __________. (1%)
3+4 a law "rohibitin$ motorcycles from "lyin$ on limite# access hi$hways.
3(4 a law $rantin$ >alue +##e# )ax exem"tion to electric coo"erati!es that sells electricity to the Fhomeless "oor.H
3%4 a law "ro!i#in$ that a "oliceman shall be "re!enti!ely sus"en#e# until the termination of a criminal case a$ainst
him.
3.4 a law "ro!i#in$ hi$her salaries to teachers in "ublic schools who are Fforei$n hires.H
3E4 a law that $rants ri$hts to local /ili"ino wor;ers but #enies the same ri$hts to o!erseas /ili"ino wor;ers.
2. Offended by the Presidents rear!s that the "ureau of #ustos is a pit of isfits and the corrupt$ the
"ureau of #ustos %ployees &ssociation coposed of '$((( )or!ers see!s your le*al advice on ho) best
to protest )hat it vie)s to be the Presidents baseless rear!s.
& prudent le*al advice is that __________. (1%)
3+4 em"loyees can $o on mass lea!e of absence for one wee;
3(4 em"loyees can march an# rally at -en#iola e!ery -on#ay
3%4 em"loyees can barrica#e the $ates of the Port of -anila at &outh @arbor an# call for the resi$nation of the
incumbent %ommissioner of %ustoms
3.4 em"loyees can wear blac; arm ban#s an# "ins with the wor# FAB/+I,H inscribe#
3E4 Bone of the abo!e can le$ally be #one.
'. #on*ress enacted +epublic &ct ,o. 12'- requirin* all candidates for public offices to post an election
bond equivalent to the one (1) year salary for the position for )hich they are candidates. The bond shall be
forfeited if the candidates fail to obtain at least 1(% of the votes cast.
.s +epublic &ct ,o. 12'- valid/ (1%)
3+4 It is !ali# as the bon# is a means of ensurin$ fair, honest, "eaceful an# or#erly elections.
3(4 It is !ali# as the bon# requirement ensures that only can#i#ates with sufficient means an# who cannot be
corru"te#, can runfor "ublic office.
3%4 It is in!ali# as the requirement effecti!ely im"oses a "ro"erty qualification to run for "ublic office.
3.4 It is in!ali# as the amount of the surety bon# is excessi!e an# unconscionable.
3E4 It is !ali# because it is a reasonable requirementD the %onstitution itself ex"ressly su""orts the accountability of
"ublic officers.
-. 0hat is the le*al effect of decisions of the .nternational #ourt of 1ustice in cases subitted to it for
resolution/ (1%)
3+4 )he #ecision is bin#in$ on other countries in similar situations.
3(4 )he #ecision is not bin#in$ on any country, e!en the countries that are "arties to the case.
3%4 )he #ecision is bin#in$ only on the "arties but only with res"ect to that "articular case.
3.4 )he #ecision is not bin#in$ on the "arties an# is only a#!isory.
3E4 )he bin#in$ effect on the "arties #e"en#s on their submission a$reement.
2. 3nder the 3, #onvention on the 4a) of the 5ea$ the e6clusive econoic 7one refers to an area. (1%)
3+4 that is at least 100 miles from the baselines from which the outer limit of the territorial sea is measure#
3(4 that is at least 200 miles but not to excee# 300 miles from the baselines from which the outer limit of the territorial
sea is measure#
3%4 beyon# an# a#=acent to a country:s territorial sea which cannot $o beyon# 200 nautical miles from the baselines
from which the outer limit of the territorial sea is measure#
3.4 that can $o beyon# 3 nautical miles but cannot exten# 300 nautical miles from the baselines from which the outer
limit of the territorial sea is measure#
3E4 Bone of the abo!e.
8. & child born under either the 19:' or the 19;: #onstitution$ )hose father or other is a <ilipino citi7en at
the tie of his birth$ is __________. (1%)
3+4 not a /ili"ino citi'en as his father an# mother must both be /ili"ino citi'ens at the time of his birth
3(4 not a /ili"ino citi'en if his mother is a /ili"ino citi'en but his father is not, at the time of his birth
3%4 a /ili"ino citi'en no matter where he or she may be born
3.4 a /ili"ino citi'en "ro!i#e# the chil# is born in the Phili""ines
3E4 a /ili"ino citi'en if he or she so elects u"on reachin$ the a$e of 21
:. 0ho has control of the e6penditure of public funds/ (1%)
3+4 )he Jffice of the Presi#ent throu$h the .e"artment of (u#$et an# -ana$ement.
3(4 )he @ouse of ,e"resentati!es from where all a""ro"riation bills emanate.
3%4 )he &enate throu$h its %ommittee on /inance.
3.4 )he %on$ress of the ,e"ublic of the Phili""ines.
3E4 (oth the members of %on$ress an# the Presi#ent actin$ =ointly, if so "ro!i#e# by the General +""ro"riations +ct.
;. =ay the po)er of cities to raise revenues be liited by an e6ecutive order of the President/ (1%)
3+4 1es, because local $o!ernment units are un#er the a#ministrati!e control of the Presi#ent throu$h the
.e"artment of Interior an# Local Go!ernment.
3(4 Bo, because local $o!ernment units now en=oy full local fiscal autonomy.
3%4 Bo, because only limitations establishe# by %on$ress can #efine an# limit the "owers of local $o!ernments.
3.4 1es, because the Presi#ent has the "ower an# authority to im"ose reasonable restrictions on the "ower of cities
to raise re!enues.
3E4 1es, if so "ro!i#e# in a city:s charter.
9. The provision under the #onstitution >that any eber )ho too! no part$ dissented$ or inhibited fro a
decision or resolution ust state the reason for his dissent or non>participation ? applies __________. (1%)
3+4 only to the &u"reme %ourt
3(4 to both the &u"reme %ourt an# the %ourt of +""eals
3%4 to the &u"reme %ourt, %ourt of +""eals an# the &an#i$anbayan
3.4 to the &u"reme %ourt, the %ourt of +""eals, the &an#i$anbayan an# the %ourt of )ax +""eals
3E4 to all colle$ial =u#icial an# quasi5=u#icial a#=u#icatory bo#ies
1(. #hoose the least accurate stateent about the independence *uaranteed by the 19;: #onstitution to the
follo)in* constitutional bodies@ (1%)
3+4 )he %onstitution $uarantees the %J-ELE% #ecisional an# institutional in#e"en#ence similar to that $rante# to
the*u#iciary.
3(4 +ll bo#ies labele# as Fin#e"en#entH by the %onstitution en=oyfiscal autonomy as an attribute of their
in#e"en#ence.
3%4 Bot all bo#ies labele# as Fin#e"en#entH by the %onstitution were inten#e# to be in#e"en#ent from the Executi!e
branch of $o!ernment.
3.4 )he %onstitution $uarantees !arious #e$rees of in#e"en#ence from the other branches of $o!ernment when it
labels bo#ies as Fin#e"en#entH.
3E4 )he %J-ELE%, the %J+, an# the %&% en=oy the same #e$ree of in#e"en#ence.
11. &t the 5enate ipeachent trial of 1ustice Pablo P. 5an Auintin$ Bon. %ilio &. Tan$ #on*ressan and
.peachent Panel =ana*er$ )rote the 5upree #ourt requestin* that the prosecutors be allo)ed to
e6aine thecourt records of 5te)ards &ssociation of the Philippines$ .nc. (5&PC) v. <ilipinas &ir$ et al.$ D.+.
,o. 9;:82-$ a case that is still pendin*. The Bi*h #ourt __________. (1%)
3+4 may $rant the request by reason of inter5#e"artmental courtesy
3(4 may $rant the request as the recor#s of the /ili"inas +ir case are "ublic recor#s
3%4 shoul# #eny the request since recor#s of cases that are "en#in$ for #ecision are "ri!ile$e# exce"t only for
"lea#in$s, or#ers an# resolutions that are a!ailable to the "ublic
3.4 shoul# #eny the request because it !iolates the %ourt:s in#e"en#ence an# the #octrine of se"aration of "owers
3E4 shoul# $rant the request because of the sui $eneris nature of the "ower of im"eachment, "ro!i#e# that the (ill of
,i$hts is not !iolate#
12. =r. 5inco sued the *overnent for daa*es. &fter trial$ the court ruled in his favor and a)arded daa*es
aountin* to P2( illion a*ainst the *overnent. To satisfy the Eud*ent a*ainst the *overnent$ )hich
valid option is available to =r. 5inco/ ( 1%)
3+4 Garnish the $o!ernment fun#s #e"osite# at the Lan# (an;.
3(4 /ile a claim with the %ommission on +u#it 3%J+4 "ursuant to %ommonwealth +ct 32C, as amen#e# by
Presi#ential .ecree1MM.
3%4 -a;e re"resentations with the %on$ress to a""ro"riate the amount to satisfy the =u#$ment.
3.4 /ile a "etition for man#amus in court to com"el %on$ress to a""ro"riate P0 million to satisfy the =u#$ment.
3E4 Procee# to execute the =u#$ment as "ro!i#e# by the ,ules of %ourt because the &tate allowe# itself to be sue#.
1'. 0hich of the follo)in* provisions of the #onstitution does not confer ri*hts that can be enforced in the
courts but only provides *uidelines for le*islative or e6ecutive action/ (l%)
3+4 )he maintenance of "eace an# or#er, the "rotection of life, liberty, an# "ro"erty, an# "romotion of the $eneral
welfare are essential for the en=oyment by all the "eo"le of the blessin$s of #emocracy.
3(4 )he &tate shall $i!e "riority to e#ucation, science an# technolo$y, arts, culture, an# s"orts to foster "atriotism an#
nationalism, accelerate social "ro$ress, an# "romote total human liberation an# #e!elo"ment.
3%4 )he natural an# "rimary ri$ht an# #uty of "arents in the rearin$ of the youth for ci!ic efficiency an# the
#e!elo"ment of moral character shall recei!e the su""ort of the Go!ernment.
3.4 )he ri$ht of the "eo"le to information on matters. of "ublic concern shall be reco$ni'e#. +ccess to official recor#s,
an# to #ocuments an# "a"ers "ertainin$ to official acts, transactions, or #ecisions, as well as to $o!ernment research
#ata use# as basis for "olicy #e!elo"ment, shall be affor#e# the citi'en, sub=ect to such limitations as may be
"ro!i#e# by law.
3E4 +ll the abo!e only "ro!i#e $ui#elines an# are not self5executin$.
1-. The President entered into an e6ecutive a*reeent )ith Fietna for the supply to the Philippines of
anial feeds not to e6ceed -($((( tons in any one year. The &ssociation of &nial <eed 5ellers of the
Philippines questioned the e6ecutive a*reeent for bein* contrary to +.&. -82 )hich prohibits the
iportation of anial feeds fro &sian countries. .s the challen*e correct/ (1%)
3+4 1es, the executi!e a$reement is contrary to an existin$ #omestic law.
3(4 Bo, the Presi#ent is solely in char$e of forei$n relations an# all his actions in this role form "art of the law of the
lan#.
3%4 Bo, international a$reements are sui $eneris an# stan# in#e"en#ently of our #omestic laws.
3.4 1es, the executi!e a$reement is actually a treaty which #oes not ta;e effect without ratification by the &enate.
3E4 1es, the challen$e is correct because there is no law em"owerin$ the Presi#ent to un#erta;e the im"ortation.
12. The separation of #hurch and 5tate is ost clearly violated )hen __________. (1%)
3+4 the &tate fun#s a roa# "ro=ect whose effect is to ma;e a church more accessible to its a#herents
3(4 the &tate #eclares the birth"lace of a foun#er of a reli$ious sect as a national historical site
3%4 the &tate ex"ro"riates church "ro"erty in or#er to construct an ex"ressway that, amon$ others, "ro!i#es easy
access to the %hurch:s main cathe#ral
3.4 the &tate $i!es !ehicles to bisho"s to assist them in church5relate# charitable "ro=ects
3E4 the &tate allows "rayers in schools for minor chil#ren without securin$ the "rior consent of their "arents
18. Patricio )as elected eber of the Bouse of +epresentative in the =ay 2(1( %lections. Bis opponent
1ose questioned Patricios victory before the Bouse of +epresentatives %lectoral Tribunal and later )ith the
5upree #ourt.
.n a decision proul*ated in ,oveber 2(11$ the #ourt ruled in 1oses favorG thus$ Patricio )as ousted fro
his seat in #on*ress. 0ithin a year fro that decision$ the President can appoint Patricio __________. (1%)
3+4 only as a member of the boar# of #irectors of any $o!ernment owne# an# controlle# cor"oration
3(4 only as a #e"uty Jmbu#sman
3%4 only as a %ommissioner of the %i!il &er!ice %ommission
3.4 only as %hairman of the %ommission on Elections
3E4 to any "osition as no "rohibition a""lies to Patricio
1:. 5enator D5# proposed a bill increasin* e6cise ta6es on tobacco and alcohol products. The *enerated
increental revenues shall be used for the universal health care pro*ra for all <ilipinos and for tobacco
farers livelihood. &fter the 5enate passed the bill on third readin*$ it )as transitted to the Bouse of
+epresentatives )hich approved the bill in toto. The President eventually si*ned it into la). &tty. 1<# filed a
petition before the 5upree #ourt$ questionin* the constitutionality of the ne) la).
.s the la) constitutional/ (1%)
3+4 )he law is constitutional because it is for a "ublic "ur"ose an# has #uly satisfie# the three5rea#in$s5on5se"arate5
#ays rule in both @ouses.
3(4 )he law is unconstitutional because it !iolates the equal "rotection clause of the %onstitutionD it is limite# only to
alcohol an# liquor "ro#ucts.
3%4 It is constitutional because of the Enrolle# (ill )heory.
3.4 It is constitutional because it is !ali# in form an# substance an# com"lie# with the require# lawma;in$
"roce#ures.3E4 Bone of the abo!e is correct.
1;. 0hich of the follo)in* stateents is correct/ (1%)
3+4 )he Presi#ent, with the concurrence of the -onetary (oar#, can $uarantee a forei$n loan on behalf of the
,e"ublic of the Phili""ines.
3(4 %on$ress may, by law, "ro!i#e limitations on the Presi#ent:s "ower to contract or $uarantee forei$n loans on
behalf of the ,e"ublic of the Phili""ines.
3%4 In or#er to be !ali# an# effecti!e, treaties an# executi!e a$reements must be concurre# in by at least two5thir#s of
all the -embers of the &enate.
3.4 )he Presi#ent shall, at the en# of e!ery quarter of the calen#ar year, submit to %on$ress a com"lete re"ort of the
loans contracte# or $uarantee# by the Go!ernment or $o!ernment5owne# an# controlle# cor"orations.
3E4 +ll the abo!e choices are #efecti!e in some res"ects.
19. #andida has been adinistratively char*ed of iorality for openly livin* )ith =anuel$ a arried an.
#andida ar*ues that her conEu*al arran*eent )ith =anuel fully confors )ith their reli*ious beliefs and
)ith the teachin*s of their church.
.n resolvin* )hether #andida should be adinistratively penali7ed$ )hich is the best test to apply/ (1%)
3+4 %lear an# Present .an$er )est
3(4 %om"ellin$ &tate Interest )est
3%4 (alancin$ of interests )est
3.4 %onscientious Jb=ector )est
3E4 .an$erous )en#ency )est
2(. +afael questioned the qualifications of #arlos as con*ressan of the Third Histrict of =anila on the
*round that #arlos is a citi7en of the 35&. The decision disqualifyin* #arlos for bein* a 35 citi7en cae only
in =arch 2(1($ i.e.$ after the adEournent of the session of #on*ress on the 'Id year of the positions three>
year ter.
0hat )as #arlos status durin* his incubency as con*ressan/ (1%)
3+4 @e was a #e =ure officer, ha!in$ been #uly electe# an# "roclaime#.
3(4 @e was not a "ublic officer because he effecti!ely was not entitle# to be a con$ressman.
3%4 @e was a #e =ure officer since he com"lete# the ser!ice of his term before he was #isqualifie#.
3.4 @e was a #e facto officer since he ha# ser!e# an# was only #isqualifie# later.
3E4 @e neither "ossesses #e =ure nor #e facto status as such #etermination is "ointless.