4 September 2005 INSTRUCTIONS

8 A.M. 12 Noon

This questionnaire consists of ten (10 numbers containe! in ten (10 pa"es. #ea! each question $er% carefu&&%. Ans'er legibly, clearly an! concisely. Start each number on a separate pa"e( an ans'er to a sub)question un!er the same number ma% be 'ritten continuous&% on the same an! imme!iate&% succee!in" pa"es unti& comp&ete!. *o not repeat the question. A mere +,es- or +No- ans'er 'ithout an% correspon!in" !iscussion 'i&& not be "i$en an% cre!it.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE GOOD LUCK!!!

............................... /0A1#MAN 2005 2A# 34AM1NAT15N /5MM1TT33

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(a) The present Constitution introduced the concepts and processes of Initiative and Referendum. Compare and differentiate one from the other. (3%) (b) To give the much needed help to the Province of Aurora hich as devastated b! t!phoons and torrential rains" the President declared it in a #state of calamit!.$ %ive at least four (&) legal effects of such declaration. (&%) (c) 'numerate the rights of the coastal state in the e(clusive economic )one. (3%)

- II (*.) Police +fficer ,enr! -agiting of the .arcotics /ection of the 0estern Police 1istrict applied for a search arrant in the Regional Trial Court of -anila for violation of /ection **" Article II (Possession of Prohibited 1rugs) of Republic Act (R.A.) .o. 2*34 (Comprehensive 1angerous 1rugs Act of 5665) for the search and sei)ure of heroin in the cabin of the Captain of the -// /eastar" a foreign7registered vessel hich as moored at the /outh ,arbor" -anila" its port of destination. 8ased on the affidavits of the applicant9s itnesses ho ere cre members of the vessel" the! sa a bo( containing ten (*6) :ilograms of heroin under the bed in the Captain9s cabin. The RTC found probable cause for the issuance of a search arrant; nevertheless" it denied the application on the ground that Philippine courts have no criminal <urisdiction over violations of R.A. .o. 2*34 committed on foreign7registered vessels found in Philippine aters. Is the ruling of the court correct= /upport !our ans er ith reasons. (4%)

(5.) The Philippines and Australia entered into a Treat! of '(tradition concurred in b! the /enate of the Philippines on /eptember *6" *226. 8oth governments have notified each other that the re>uirements for the entr! into force of the Treat! have been complied ith. It too: effect in *226. The Australian government is re>uesting the Philippine government to e(tradite its citi)en" %ibson" ho has committed in his countr! the indictable

offense of +btaining Propert! b! 1eception in *2?4. The said offense is among those enumerated as e(traditable in the Treat!. @or his defense" %ibson asserts that the retroactive application of the e(tradition treat! amounts to an ex post facto la . Rule on %ibson9s contention. (4%)

- III (*.) Ital!" through its Ambassador" entered into a contract ith Abad for the maintenance and repair of specified e>uipment at its 'mbass! and Ambassador9s Residence" such as air conditioning units" generator sets" electrical facilities" ater heaters" and ater motor pumps. It as stipulated that the agreement shall be effective for a period of four !ears and automaticall! rene ed unless cancelled. @urther" it provided that an! suit arising from the contract shall be filed ith the proper courts in the Cit! of -anila. Claiming that the -aintenance Contract as unilaterall!" baselessl! and arbitraril! terminated" Abad sued the /tate of Ital! and its Ambassador before a court in the Cit! of -anila. Among the defenses the! raised ere #sovereign immunit!$ and #diplomatic immunit!$. (a) As counsel of Abad" refute the defenses of #sovereign immunit!$ and #diplomatic immunit!$ raised b! the /tate of Ital! and its Ambassador. (b) At an! rate" hat should be the court9s ruling on the said defenses= (4%) (5.) Adams and 8a:er are American citi)ens residing in the Philippines. Adams befriended 8a:er and became a fre>uent visitor at his house. +ne da!" Adams arrived ith 36 members of the Philippine .ational Police" armed ith a /earch 0arrant authori)ing the search of 8a:er9s house and its premises for dangerous drugs being traffic:ed to the Anited /tates of America. The search purportedl! !ielded positive results" and 8a:er as charged ith Biolation of the 1angerous 1rugs Act. Adams as the prosecution9s principal itness. ,o ever" for failure to prove his guilt be!ond reasonable doubt" 8a:er as ac>uitted. 8a:er then sued Adams for damages for filing trumped7up charges against him. Among the defenses raised b! Adams is that he has diplomatic immunit!"

conformabl! ith the Bienna Convention on 1iplomatic Relations. ,e presented 1iplomatic .otes from the American 'mbass! stating that he is an agent of the Anited /tates 1rug 'nforcement Agenc! tas:ed ith #conducting surveillance operations$ on suspected drug dealers in the Philippines believed to be the source of prohibited drugs being shipped to the A./. It as also stated that after having ascertained the target" Adams ould then inform the Philippine narcotic agents to ma:e the actual arrest. (a) As counsel of plaintiff 8a:er" argue h! his complaint should not be dismissed on the ground of defendant Adams9 diplomatic immunit! from suit. (b) As counsel of defendant Adams" argue for the dismissal of the complaint. (4%) - IV (*.) />uatters and vendors have put up structures in an area intended for a People9s Par:" hich are impeding the flo of traffic in the ad<oining high a!. -a!or Cru) gave notice for the structures to be removed" and the area vacated ithin a month" or else" face demolition and e<ectment. The occupants filed a case ith the Commission on ,uman Rights (C,R) to stop the -a!or9s move. The C,R then issued an #order to desist$ against -a!or Cru) ith arning that he ould be held in contempt should he fail to compl! ith the desistance order. 0hen the allotted time lapsed" -a!or Cru) caused the demolition and removal of the structures. Accordingl!" the C,R cited him for contempt. (a) 0hat is !our concept of ,uman Rights= 1oes this case involve violations of human rights ithin the scope of the C,R9s <urisdiction= (b) Can the C,R issue an #order to desist$ or restraining order= (c) Is the C,R empo ered to declare -a!or Cru) in contempt= 1oes it have contempt po ers at all= (4%) (5.) In -arch 566*" hile Congress as ad<ourned" the President appointed /antos as Chairman of the Commission on 'lections. /antos immediatel! too: his oath and assumed office. 0hile his appointment as promptl! submitted to the Commission on Appointments for confirmation" it as not acted upon and Congress again ad<ourned. In Cune 566*" the President

e(tended a second ad interim appointment to /antos for the same position ith the same term" and this appointment as again submitted to the Commission on Appointments for confirmation. /antos too: his oath ane and performed the functions of his office. Re!es" a political rival" filed a suit assailing certain orders issued b! /antos. ,e also >uestioned the validit! of /antos9 appointment. Resolve the follo ing issuesD (a) 1oes /antos9 assumption of office on the basis of the ad interim appointments issued b! the President amount to a temporar! appointment hich is prohibited b! /ection *(5)" Article IE7C of the Constitution= (b) Assuming the legalit! of the first ad interim appointment and assumption of office b! /antos" ere his second ad interim appointment and subse>uent assumption of office to the same position violations of the prohibition on reappointment under /ection *(5)" Article IE7C of the Constitution= (4%)

-V(*.) 8runo still had several !ears to serve on his sentence hen he as conditionall! pardoned b! the President. Among the conditions imposed as that he ould #not again violate an! of the penal la s of the Philippines.$ 8runo accepted all of the conditions and as released. /hortl! thereafter" 8runo as charged ith 56 counts of estafa. ,e as then incarcerated to serve the une(pired portion of his sentence follo ing the revocation b! the President of the pardon. 8runo9s famil! filed a petition for habeas corpus" alleging that it as error to have him recommitted as the charges ere false" in fact" half of them ere alread! dismissed. Resolve the petition ith reasons. (&%) (5.) Ricardo as elected 1ean of the College of 'ducation in a /tate Aniversit! for a term of five (4) !ears unless sooner terminated. -an! ere not pleased ith his performance. To appease those critical of him" the President created a ne position" that of /pecial Assistant to the President ith the ran: of 1ean" ithout reduction in salar!" and appointed Ricardo to said position in the interest of the service. Contemporaneousl!" the Aniversit! President appointed /antos as Acting 1ean in place of Ricardo. (a) 1oes the phrase #unless sooner terminated$ mean that the position of Ricardo is terminable at ill= (b) 0as Ricardo removed from his position as 1ean of the College of 'ducation or merel! transferred to the position of /pecial Assistant to the President= '(plain. (4%) (3.) Pedro -asipag filed ith the +mbudsman a complaint against RTC Cudge Cose Palacpac ith violation of Article 56& of the Revised Penal Code for :no ingl! rendering an un<ust <udgment in Criminal Case .o. 3*F. Cudge Palacpac filed a motion ith the +mbudsman to refer the complaint to the /upreme Court to determine hether an administrative aspect as involved in the said case. The +mbudsman denied the motion on the ground that no administrative case against Cudge Palacpac relative to the decision in Criminal Case .o. 3*F as filed and pending in his office. /tate ith reasons hether the +mbudsman9s ruling is correct. (&%) - VI -

(*.) The t o accepted tests to determine hether or not there is a valid delegation of legislative po er are the Completeness Test and the /ufficient /tandard Test. '(plain each. (&%) (5.) /ection 35 of Republic Act .o. &3F6 (The -agna Carta for Public /chool Teachers) readsD /ec. 35. Penal Provision.GA person ho shall illfull! interfere ith" restrain or coerce an! teacher in the e(ercise of his rights guaranteed b! this Act or ho shall in an! other manner commit an! act to defeat an! of the provisions of this Act shall" upon conviction" be punished b! a fine of not less than one hundred pesos nor more than one thousand pesos" or by imprisonment, in the discretion of the court. Is the proviso granting the court the authorit! to impose a penalt! of imprisonment in its discretion constitutional= '(plain briefl!. (&%)

- VII (*.) /tate ith reason(s) hether bail is a matter of right or a matter of discretion in the follo ing casesD (a) The imposable penalt! for the crime charged is reclusion perpetua and the accused is a minor; (b) The imposable penalt! for the crime charged is life imprisonment and the accused is a minor; (c) The accused has been convicted of homicide on a charge of murder and sentenced to suffer an indeterminate penalt! of from eight (?) !ears and one (*) da! of prision mayor" as minimum" to t elve (*5) !ears and four (&) months of reclusion temporal" as ma(imum. (&%)

(5.) /tate ith reason(s) or a government instrumentalit!D

hich of the follo ing is a government agenc!

(a) 1epartment of Public 0or:s and ,igh a!;

(b) Bangko Sentral ng Pilipinas; (c) Philippine Ports Authorit!; (d) Hand Transportation +ffice; (e) Hand 8an: of the Philippines. (4%)

- VIII (*.) -ariano as arrested b! the .8I as a suspect in the shopping mall bombings. Advised of his rights" -ariano as:ed for the assistance of his relative" Att!. /antos. The .8I noticed that Att!. /antos as ine(perienced" incompetent and inattentive. 1eeming him unsuited to protect the rights of -ariano" the .8I dismissed Att!. /antos. Appointed in his place as Att!. 8arroso" a bar topnotcher ho as in the premises visiting a relative. Att!. 8arroso abl! assisted -ariano hen the latter gave a statement. ,o ever" -ariano assailed the investigation claiming that he as deprived of counsel of his choice. 0as the .8I correct in dismissing Att!. /antos and appointing Att!. 8arroso in his stead= Is -ariano9s statement" made ith the assistance of Att!. 8arroso" admissible in evidence= (4%) (5.) 'milio had long suspected that Alvin" his emplo!ee" had been passing trade secrets to his competitor" Rand!" but he had no proof. +ne da!" 'milio bro:e open the des: of Alvin and discovered a letter herein Rand! than:ed Alvin for having passed on to him vital trade secrets of 'milio. 'nclosed in the letter as a chec: for P46"666.66 dra n against the account of Rand! and pa!able to Alvin. 'milio then dismissed Alvin from his emplo!ment. 'milio9s proof of Alvin9s perfid! are the said letter and chec: hich are ob<ected to as inadmissible for having been obtained through an illegal search. Alvin filed a suit assailing his dismissal. Rule on the admissibilit! of the letter and chec:. (4%)

- IX (*.) In the -a! ?" *224 elections for local officials hose terms ere to commence on Cune 36" *224" Ric:! filed on -arch 56" *224 his certificate of

candidac! for the +ffice of %overnor of Haguna. ,e on" but his >ualifications as an elected official as >uestioned. It is admitted that he is a repatriated @ilipino citi)en and a resident of the Province of Haguna. To be >ualified for the office to hen at the latest should he beD (a) A @ilipino Citi)en= '(plain. (b) A resident of the localit!= '(plain. (4%) hich a local official has been elected"

(5.) -anuel as elected -a!or of the -unicipalit! of Tuba in the elections of *225" *224 and *22?. ,e full! served his first t o terms" and during his third term" the municipalit! as converted into the component Cit! of Tuba. The said charter provided for a hold7over and so ithout interregnum -anuel ent on to serve as the -a!or of the Cit! of Tuba. In the 566* elections" -anuel filed his certificate of candidac! for Cit! -a!or. ,e disclosed" though" that he had alread! served for three consecutive terms as elected -a!or hen Tuba as still a municipalit!. ,e also stated in his certificate of candidac! that he is running for the position of -a!or for the first time no that Tuba is a cit!. Re!es" an adversar!" ran against -anuel and petitioned that he be dis>ualified because he had alread! served for three consecutive terms as -a!or. The petition as not timel! acted upon" and -anuel as proclaimed the inner ith 56"666 votes over the *6"666 votes received b! Re!es as the onl! other candidate. It as onl! after -anuel too: his oath and assumed office that the C+-'H'C ruled that he as dis>ualified for having ran and served for three consecutive terms. (a) As la !er of -anuel" present the possible arguments to prevent his dis>ualification and removal. (b) ,o ould !ou rule on hether or not -anuel is eligible to run as -a!or of the ne l!7created Cit! of Tuba immediatel! after having alread! served for three (3) consecutive terms as -a!or of the -unicipalit! of Tuba= (c) Assuming that -anuel is not an eligible candidate" rebut Re!es9 claim that he should be proclaimed as inner having received the ne(t higher number of votes.

(4%)

-X(*.) There as a boundar! dispute bet een 1ueIas" a municipalit!" and Passi" an independent component cit!" both of the same province. /tate ho dispute. (4%) the t o local government units should settle their boundar!

(5.) The /angguniang 8a!an of the -unicipalit! of /anta" Ilocos /ur passed Resolution .o. * authori)ing its -a!or to initiate a petition for the e(propriation of a lot o ned b! Christina as site for its municipal sports center. This as approved b! the -a!or. ,o ever" the /angguniang Panlala igan of Ilocos /ur disapproved the Resolution as there might still be other available lots in /anta for a sports center. .onetheless" the -unicipalit! of /anta" through its -a!or" filed a complaint for eminent domain. Christina opposed this on the follo ing groundsD (a) the -unicipalit! of /anta has no po er to e(propriate; (b) Resolution .o. * has been voided since the /angguniang Panlala igan disapproved it for being arbitrar!; and (c) the -unicipalit! of /anta has other and better lots for that purpose. Resolve the case ith reasons. (4%) NOTHIN !O""O#S$