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UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Diliman, Quezon City MOCK BAR (Set 1) EXAMINATIONS 2012 POLITICAL LAW

Part I: MULTIPLE CHOICE (50 pts.) INSTRUCTIONS: Choose the correct answer by shading the circle of the corresponding letter of your answer. Do not write anything in the questionnaire. Turn in the questionnaire at the end of the exam. You have fifty (50) minutes to complete this part of the exam. ANSWER SHEET

A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 O O O O O O O O O O O O O O O

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D O O O O O O O O O O O O O O O 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

A O O O O O O O O O O O O O O O

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D O O O O O O O O O O O O O O O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50

A O O O O O O O O O O O O O O O O O O O O

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UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Diliman, Quezon City MOCK BAR (Set 1) EXAMINATIONS 2012 POLITICAL LAW INSTRUCTIONS: Choose the correct answer by shading the circle of the corresponding letter of your answer. Do not write anything in the questionnaire. Turn in the questionnaire at the end of the exam.

1. What is the minimum population of legislative districts? A. B. C. D. One hundred fifty thousand Two hundred thousand Two hundred fifty thousand Three hundred thousand

2. The following are exempted from the operation of the rules on nepotisms except: A. B. C. D. Doctors Teachers Researchers Member of the Armed Forces of the Philippines

3. Statutes imposing prior restraint on the freedom of expression A. Enjoy a presumption of constitutionality B. Are generally illegal and presumed unconstitutional C. Enjoy a presumption of constitutionality, unless imposed on movies, television, and radio broadcasts D. Are presumed constitutional, unless imposed on religious speech 4. A verified complaint for impeachment may be filed by A. Any Member of Congress B. Any citizen upon a resolution of endorsement by any Member of the House of Representatives C. Any public officer upon a resolution of endorsement by any Member of Congress D. Any elected public officer 5. A city must fulfill the following requirements in order to be validly created: A. B. C. D. Income and either population or land area Income, population and land area Income and population Income and land area

MOCK BAR (Set 1) EXAMINATIONS 2012 POLITICAL LAW 6. In the case of Ang Tibay v. CIR, the Supreme Court identified all of the following as constituting the seven cardinal primary rights required by administrative due process EXCEPT: A. B. C. D. The tribunal must consider the evidence presented Decision must be supported by evidence Independent consideration of judge Right to an adversarial trial

7. A member of the House of Representatives wrote an allegedly libellous open letter to the President and caused its publication in several newspapers. Is the letter considered privileged communication? A. Yes, because it was made by a member of the House of Representatives B. No, because privileged communication only covers speech made in the performance of official duties C. Yes, because the information contained therein is true D. No, because privileged communication does not cover to printed speech 8. Which of the following scenarios illustrates contingent legislation? A. The Central Bank issuing a circular declaring a state of extraordinary inflation. B. A Sanggunian Panlalawigan issuing a resolution forming an investigating panel to look into allegations of bribery against the municipal treasurer. C. The BIR issuing a memorandum clarifying certain provisions of the Tax Code D. The Supreme Court adopting new rules on procedure 9. Is there hierarchy among the primary sources of international law? A. B. C. D. Yes, as they are enumerated in the ICJ Statute. Yes, primary sources are superior over subsidiary sources. No, the order of the enumeration does not provide a hierarchy in all cases. No, the enumeration is only reflective of a number of sources of international law and other sources can be found in other statutes.

10. The rule that an individual generally cannot bring a suit before an international court without the consent of the state of which he is a citizen is an example of: A. B. C. D. Obligations erga omnes Formal sources Material sources Consent to be bound

11. The City Government sold a portion of the plaza to market vendors at a discounted rate. Is the contract of sale valid? A. B. C. D. NO. The fee should be at the prevailing market rate. NO. The plaza cannot be the subject of a contract. YES. The City Government has discretion on what to do with the plaza. YES. The City Government can alienate its private property. Page 3 of 13

MOCK BAR (Set 1) EXAMINATIONS 2012 POLITICAL LAW 12. A decision regarding a land dispute is rendered against Juan by the Secretary of the Department of Agriculture. The issue is elevated to the office of the President. The Executive Secretary likewise denied Juans claim. Juan assails the decision on the ground that the Presidential power of control may only be exercised by the President himself. Is Juans assertion valid? A. B. C. D. Yes, because only the President has the discretion to decide on such disputes No, because the President does not have time to decide all such disputes himself Yes, because in the absence of the President, the Vice-President must decide No, because the Presidential power of control may be validly delegated to Department Heads and the Executive Secretary

13. The President may not grant any pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations without A. B. C. D. The concurrence of the Senate The concurrent of the House of Representatives The favourable recommendation of the Commission on Elections The favourable recommendation of the commission on Appointments

14. Can the doctrine of rebus sic stantibus apply retroactively? Why or why not? A. Yes, because one of the requisites for the doctrine to apply is that the change was unforeseen by the parties and thus the treaty can be voided and considered without legal effect. B. Yes, since once of the requisites is that the treatys duration is indefinite, it follows that the parties did not contemplate upon a change so revolutionary that it renders the treaty without effect. C. No, because the termination of the treaty because of the doctrine must not adversely affect provisions which have already been complied with prior to the vital change. D. No, because retroactive application of the doctrine would amount to bad faith on the part of the party invoking it. 15. A woman charged with adultery is compelled by the Court to subject herself to a physical examination. The results would be used as evidence in the case against her. Can she validly invoke the right against self-incrimination against such physical examination? A. Yes, because the results of the examination would be used as evidence against her B. No, because the right only protects against compulsory testimonial self-incrimination C. Yes, because it is within her right to refrain from aiding the court in procuring evidence against herself D. No, because the physical examination has not yet been done 16. The following are ESSENTIAL characteristics of a public office, except: A. B. C. D. Delegation of sovereign functions Creation is by law and not by contract An oath Salary/Compensation

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MOCK BAR (Set 1) EXAMINATIONS 2012 POLITICAL LAW 17. A television host uttered curse words on a daytime religious show. The MTRCB suspended the television show. The network assailed the order, invoking their right to the free exercise of religion and freedom of expression. Is the MTRCB order valid? A. Yes, because freedom of expression especially by means of television, radio, and motion pictures, may be validly regulated to serve public interests B. No, because freedom of expression must first overcome the clear and present danger test C. Yes, because being on a religious show does not automatically mean that the curse words are done in the free exercise of religion D. No, because freedom of religion is absolute and the government may not interfere 18. An appointment is considered final and complete A. B. C. D. When the appointee has accepted the appointment When the appointee has assumed office When the last act of the appointing authority has been accomplished All of the above

19. Does international law follow the principle of stare decisis? Why or why not? A. Yes, because the decision of the international tribunal is binding upon the parties and the issues resolved. B. Yes, because the parties agreed to be bound by the decision of the international tribunal by submitting to its jurisdiction. C. No, because the decision of the Court has no binding force except between the parties and that particular case. D. No, because the decision of the Court has merely persuasive effect and cannot bind parties which not in dispute. 20. The Supreme Court exercises original jurisdiction over A. B. C. D. Cases affecting ambassadors, other public ministers and consuls Cases involving the legality of any tax, impost, assessment, or toll Cases in which only an error or question of law is involved Criminal cases in which the penalty imposed is reclusion perpetua or higher

21. When is a Head of State NOT immune to criminal and civil jurisdiction? A. When he committed a heinous crime like murder B. When he incited people to rebel against the government of the State where he is staying C. When another Head of State files suit against him D. When he himself is the plaintiff 22. The doctrine of primary administrative jurisdiction applies in which of the following cases? A. When there is an intra-corporate dispute involving an entity and the case was originally filed with the RTC B. When the issue to be settled is a question of fact C. When the agency has exclusive jurisdiction Page 5 of 13

MOCK BAR (Set 1) EXAMINATIONS 2012 POLITICAL LAW D. When the question to be resolved is one which requires the expertise of administrative agencies and the legislative intent on the matter is to have uniformity in the rulings. 23. A Senator, in a speech made in the Senate, proposed that an investigation be made with regard to violations of the Anti-Graft and Corrupt Practices Act. The matter was referred to the Senate Blue Ribbon Committee. Can the Blue Ribbon committee conduct the investigation? A. Yes, because it is a matter of transcendental importance B. No, because the inquiry is not done in aid of legislation C. Yes, because the Senate is given authority to conduct inquiries under the Constitution D. No, because the inquiry should first be consented to by the House of Representatives 24. Which of the following is not an element of resignation A. B. C. D. Intention to relinquish a part of the term Act of relinquishment Tendering of resignation letter to the proper authority Acceptance by the proper authority

25. Dual citizenship is A. Considered the same as dual allegiance, and is inimical to the national interest and is dealt with by law B. Merely as a result of the concurrent application of the different application of two or more States C. When a person simultaneously owes, by some positive act, loyalty to two or more States. D. Not possible beyond the age of majority because citizens are required to choose only one citizenship 26. The President of the Philippines issued executive orders to create new municipalities pursuant to the Revised Administrative Code. Public funds were to be disbursed in the implementation of said executive orders. Does the act of the President constitute an undue delegation of legislative power? A. B. C. D. Yes, because the assailed executive orders have not been properly promulgated No, because his power to create such municipalities have been provided for by law Yes, because the authority to create municipal corporations is legislative in nature No, because local governments such as municipalities fall under the executive branch of government

27. To which of the following cases would res judicata apply? A. The decision of the NLRC in an illegal dismissal case B. The issuance of a drivers license by the LTO C. COMELECs determination of probable cause for filing an information for double registration Page 6 of 13

MOCK BAR (Set 1) EXAMINATIONS 2012 POLITICAL LAW D. The promulgation of Implementing Rules and Regulations by the SEC 28. A treaty is void, if, at the time of its conclusion, it conflicts with: A. B. C. D. a peremptory norm of general international law. the general practice of states in the international community. generally accepted principles of international law. a domestic law of a state.

29. The constitutionality of a law banning the killing and intra-province transport of carabao and carabeef beef is assailed. The trial court declined to rule on the constitutionality of the law on the ground that it does not have the authority to do so. Does the trial court have authority? A. Yes, because all courts are given the power of judicial review, subject to review by the Supreme Court B. No, because only the Court of Appeals and the Supreme Court can decide on questions of constitutionality C. Yes, because the law has not yet been implemented D. No, because only the Supreme Court can decide on questions of constitutionality 30. Can a Provincial Fiscal be allowed to take part in political and electoral activities? A. YES because he is exercising his freedom of speech, which is a constitutionally protected right B. NO because appointive officials are officers in the civil service C. YES because equal rights should be granted to appointive and elective officials when it comes to participation in political activities D. NO because it will engender conflict of interest 31. A revision to the Constitution may be proposed by A. B. C. D. By the people through initiative The House of Representatives, upon a vote of majority of all its Members The Congress, upon a vote of three-fourths of all its Members The President of the Philippines

32. State A violates an erga omnes obligation to State B. What is the implication of such violation to third-party states? A. B. C. D. Third-party states can defend State B. Third-party states can prosecute on behalf of the offended state. Third-party states can claim compensation. Third-party states can have standing to sue.

33. Appointments extended by an acting president A. Remain effective only if consented to by the Commission on Appointments B. Shall remain effective, unless revoked by the elected President at any time during his term Page 7 of 13

MOCK BAR (Set 1) EXAMINATIONS 2012 POLITICAL LAW C. Shall remain effective, unless revoked by the elected President within one hundred and twenty days from his assumption or reassumption of office D. Shall remain effective, unless revoked by the elected President within ninety days from his assumption or reassumption of office 34. A petition for recall for loss of confidence was filed against Mayor Rivera. It was filed 11 months after he assumed his post and was signed by the required number of voters. Is the petition valid? A. NO because it is filed within 1 year from the date of assumption of office of the official B. YES because it complies with all the requirements of a valid petition C. NO because mere loss of confidence does not suffice to recall an official D. YES because the controlling requisite is the signature of the voters 35. The Civil Service Commission has the following power except: A. To review the appointments, approve or disapprove them in light of the requirements of the law governing the Civil Service B. To check whether or not the appointee possesses the appropriate civil service eligibility C. To direct the appointing authority to change the employment status of an employee i.e. from temporary to permanent D. To order the reinstatement of an illegally demoted or dismissed employee 36. The following are requisites for a valid classification except: A. B. C. D. The classification must be substantial The classification must be germane to the purposes of the law The classification is applicable to the existing condition The classification is applicable equally to all the members of the class

37. The following are citizens of the Philippines except: A. Those who are citizens of the Philippines at the time of the adoption of the Constitution B. Those whose fathers or mothers are citizens of the Philippines, even if residing in a foreign country C. Those who are naturalized in accordance with law D. Those who have resided in the Philippines for an uninterrupted period of over ten years 38. A local government unit may be created by: A. The sangguniang panlalawigan passing an ordinance creating a municipality B. An executive order issued by the President pursuant to the Revised Administrative Code C. Congress passing a law merging two municipalities to create a city D. Congress passing a law creating an autonomous region

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MOCK BAR (Set 1) EXAMINATIONS 2012 POLITICAL LAW 39. Appointments in the civil service shall be made A. B. C. D. Only according to merit and fitness, to be determined by competitive examination According to merit, fitness, and other considerations as may be provided by law According to considerations as may be determined by the position being filled Only according to merit and fitness, to be determined by a series of examinations and interviews

40. Is the suspended official entitled to his full salary accruing during his suspension? A. B. C. D. NO, because the Philippines adheres to the no-work, no-pay policy YES, because he was involuntarily prevented from rendering work YES, because preventive suspension is not a penalty NO, unless he is subsequently exonerated

41. A persons belongings are searched by a private party and illegal drugs are found therein. Are the drugs admissible as evidence? A. B. C. D. No, they are inadmissible for any purpose in any proceeding No, unless the search has been consented thereto Yes, they are admissible The evidence is admissible or inadmissible depending on the nature of the search

42. For purposes of international law, does the term treaty include executive agreements? A. Yes, because the heads of State represent the sovereigns and thus they can enter treaties on behalf of their respective States. B. Yes, because the term includes all agreements between states regardless of how they are called. C. No, because executives are not the States themselves. D. No, because the VCLOT does not state that the term treaty includes executive agreements. 43. A law is passed by the House of Representatives creating a tax exemption for Judges on the argument that deducting taxes constitutes a decrease in their salaries, thus violating the Constitutional provision stating that their salaries shall not be decreased during their continuance in office. Is the law valid? A. B. C. D. Yes, because any decrease in their salaries is prohibited by the Constitution No, because tax exemptions must originate from the President Yes, because tax exemptions are generally valid for public officers No, because income tax and the payment of such does not fall within the Constitutional prohibition

44. The conditions and elements of de facto officer A. There must be a de jure office. B. There must be color of right or general acquiescence by the public. C. There must be actual physical possession of the office in good faith. D. All of the above Page 9 of 13

MOCK BAR (Set 1) EXAMINATIONS 2012 POLITICAL LAW 45. A movie is made based on the happenings of the Oakwood Mutiny. Fictional characters are the main focus but real-life characters are also portrayed to keep the movie realistic. A military official, whose acts were fundamental to the event, files a petition enjoining the filmmakers from portraying any part of his life, invoking his right to privacy. The filmmakers invoke their right to freedom of expression. The Court should A. Grant the petition because the military officials right to privacy is greater than the filmmakers right to freedom of expression B. Deny the petition because the filmmakers should be allowed to finish the film first before it can be assailed C. Grant the petition because the military official should be paid for his consent to be represented in the movie D. Deny the petition because the military official is considered a public figure, and enjoys a lesser amount of privacy 46. A de facto officer is not entitled to compensation except A. B. C. D. When the de facto officer entered into office in good faith When the de facto officer did the actual work When the de facto officer entered into office under color of title A de facto officer is always entitled to compensation

47. A cabinet member is assigned as an ex-officio member of the National Housing Authority Board. He is disallowed by the Commission on Audit from receiving compensation as member of the Board due to the prohibition against multiple offices. Is the act of the Commission valid? A. Yes, because his membership in the Board is merely attached to his principal position and does not require further compensation B. No, because every public position held by a person must come with just compensation C. Yes, because the prohibition against multiple offices does not cover cabinet members D. No, because cabinet members are given a special exception under the prohibition against multiply offices 48. The President may suspend the privilege of the writ of habeas corpus when A. B. C. D. Two-thirds of all the Members of Congress consent thereto Public safety requires it, for a period not exceeding sixty days Public safety requires it, in case of invasion or rebellion Whenever it becomes necessary

49. The President has the power to grant amnesty A. B. C. D. With the concurrence of a majority of all the Members of the Congress With the concurrence of two-thirds of all the Members of the Congress With a concurrence of two-thirds of the Senate With a concurrence of majority of the Members of the House of Representatives

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MOCK BAR (Set 1) EXAMINATIONS 2012 POLITICAL LAW 50. All appropriation, revenue or tariff bills authorizing increase of public debt, bills of local application, and private bills A. Shall originate exclusively in the Senate, but the House of Representatives may propose or concur with amendments B. Shall originate exclusively in the House of Representatives, but the Senate my propose or concur with amendments C. Shall originate exclusively in the senate D. Shall originate exclusively in the House of Representatives

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UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Diliman, Quezon City MOCK BAR (Set 1) EXAMINATIONS 2012 POLITICAL LAW Part II: ESSAY INSTRUCTIONS: You have sixty (60) minutes to complete this part of the exam. I. Mas Una Party, a registered and dominant political party founded to pursue a conservative platform in the government, intended to participate in the party-list election. Lagi Nalang Mahirap party challenged the registration as violation of the policy of RA 7941. The Una Coalition of VPres. Binay filed a complaint to cancel the registration for purposes of participating in the party-list election. Mr. JJ Jimenez, the chairman, consulted you if the party can participate in the party-list elections. What is the correct response to the query? II. Mayor Freda Lim filed a petition with the Manila Regional Trial Court with Vice Mayor Iska Morena as respondent. Lims lawyer, city lega l officer Renato Cruz, said the petition asked the court to declare as illegal and unconstitutional a recently passed ordinance that exempts SMARTER Telecom from paying franchise taxes. In April, the city council, with then acting mayor Morena (Lim was abroad during that time), approved the ordinance. Lim warned that the ordinance would deprive the city of revenues. Moreover, he argued that Morena committed grave and abuse of discretion when he signed the ordinance as acting mayor and enacted it on April 26. a. Under the Local Government Code, is it proper for Vice Mayor Morena who was acting as Mayor at the same time to preside over the session leading to the enactment of the ordinance? b. Under the Local Government Code, is the procedural route taken by Mayor Lim in challenging the ordinance proper? III. Local elections, including barangay elections will about to be held throughout the country. During the appointed date of the election, armed men stormed into the precincts of the Province of Maguindanao firing shots prompting the voters to fled for their lives. A failure of election was declared by the COMELEC and another election was set next month. The President designated the Sec. of the DILG as the acting governor. The outgoing governor protested the appointment arguing that he has a hold-over power during the interim. a. What are the valid grounds for the declaration of failure of election? b. Is the appointment of the President proper? c. Would your answer change if instead of filling the post of Governor, the President appointed members of the locality with good reputation as acting barangay Chairman?

MOCK BAR (Set 1) EXAMINATIONS 2012 POLITICAL LAW

IV. A Panamanian diplomat while shopping at a mall in Makati shot a Filipino after a heated argument. A criminal information was filed in the RTC but the counsel of the diplomat timely filed a motion to quash the information arguing that the courts have no criminal jurisdiction over the diplomat? a. Is the argument valid? b. Would your answer change if it is a consul-general? c. Under the Vienna Convention on Diplomatic Relations, what are the remedies available to the Receiving State?

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