This is Set a of the 2011 Bar Exams on Political

8/10/2019 This is Set a of the 2011 Bar Exams on Political

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This is Set A of the 2011 Bar Exams on Political Law.There are 100 questions in all. The

answers are bolded.

1. ili!ino citi"enshi! ma# be acquired throu$h %udicial naturali"ation onl# b# an alien

A. born& raised& and educated in the Phili!!ines who has all the quali'cations and none of

the disquali'cations to become a ili!ino citi"en.

B. who has all the qualifcations and none o the disqualifcations to become a

Filipino citizen.

(. born and raised in the Phili!!ines who has all the quali'cations and none of the

disquali'cations to become a ili!ino citi"en.

). whose mother or father is a naturali"ed ili!ino and who himself is quali'ed to be

naturali"ed.

2. *ax Liner a!!lied for a !ublicutilit# bus ser+ice from Bacolod to )uma$uete from the Land

Trans!ortation ranchisin$ and ,e$ulator# Board -LT,B. BB Ex!ress o!!osed. LT,B ruled

in fa+or of *ax. BB a!!ealed to the Secretar# of the )e!artment of Trans!ortation and

(ommunication -)/T(& who re+ersed the LT,B decision. *ax a!!ealed to the /ce of the

President which reinstated the LT,Bs rulin$. BB Ex!ress went to the (ourt of A!!eals on

certiorari questionin$ the decision of the /ce of the President on the $round that /ce of

the President has no %urisdiction o+er the case in the absence of an# law !ro+idin$ an a!!eal

from )/T( to the /ce of the President. ill the !etition !ros!er3

A. 4o& exhaustion of administrati+e remedies u! to the le+el of the President is a !re5

requisite to %udicial recourse.

B. No, the action o the DOTC Seceta! beas onl! the implied appo"al o

the #esident who is not pecluded om e"iewin$ the decision o the ome.

(. 6es& when there is no law !ro+idin$ an a!!eal to the /ce of the President& no such

a!!eal ma# be !ursued.

). 6es& the doctrine of quali'ed !olitical a$enc# renders unnecessar# a further a!!eal to the

/ce of the President.

7. here A is set for !romotion to Administrati+e Assistant 888 and B to the !ost

of Administrati+e Assistant 88 +acated b# A& the a!!ointin$ authorit# must

%. submit to the CSC the two pomotional appointments to$ethe o appo"al.

B. not a!!oint B until the (S( has a!!ro+ed As a!!ointment.


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(. submit to the (i+il Ser+ice (ommission -(S( the second a!!ointment after its a!!ro+al of

the 'rst.

). simultaneousl# issue the a!!ointments of A and B.

9. hen a witness is $ranted transactional immunit# in exchan$e for his testimon# on how

his immediate su!erior induced him to destro# !ublic records to co+er u! the latters act of

mal+ersation of !ublic funds& the witness ma# 4/T be !rosecuted for

A. direct contem!t.

B. infdelit! in the custod! o public ecods.

(. falsi'cation of !ublic documents.

). false testimon#.

:. ;ario& a Bureau of (ustoms examiner& was administrati+el# char$ed with $ra+e

misconduct and !re+enti+el# sus!ended !endin$ in+esti$ation. The head of oce found him

$uilt# as char$ed and ordered his dismissal. The decision a$ainst him was executed !endin$

a!!eal. The (i+il Ser+ice (ommission -(S( subsequentl# found him $uilt# and after

considerin$ a number of miti$atin$ circumstances& reduced his !enalt# to onl# one month

sus!ension. 8s ;ario entitled to bac< salaries3

A. 6es& the reduction of the !enalt# means restoration of his ri$ht to bac< salaries.

B. 4o& the !enalt# of one month sus!ension carries with it the forfeiture of bac< salaries.

C. No, he is still $uilt! o $a"e misconduct, onl! the penalt! was educed.

). 6es& corres!ondin$ to the !eriod of his sus!ension !endin$ a!!eal less one month.

=. Althea& a ili!ino citi"en& bou$ht a lot in the Phili!!ines in 1>?:. @er !redecessors5in5

interest ha+e been in o!en& continuous& exclusi+e and notorious !ossession of the lot since

1>90& in the conce!t of owner. 8n 1>& Althea became a naturali"ed Australian citi"en. 8s

she quali'ed to a!!l# for re$istration of the lot in her name3

A. 6es& !ro+ided she acquires bac< her ili!ino citi"enshi!.

B. 4o& exce!t when it can be !ro+ed that Australia has a counter!art domestic law that

also fa+orsformer ili!ino citi"ens residin$ there.

C. &es, the lot is alead! pi"ate in chaacte and as a ome natual'bon

Filipino, she can bu! the lot and appl! o its e$istation in he name.


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). 4o& forei$ners are not allowed to own lands in the Phili!!ines.

?. The !ri+ac# of communication and corres!ondence shall be in+iolable exce!t u!on lawful

order of the court or when

A. !ublic safet#or !ublic healthrequires otherwise as !rescribed b# law.

B. dictated b# the need to maintain !ublic !eace and order.

C. public saet! o ode equies othewise as pescibed b! law.

). !ublic safet# or order requires otherwise as determined b# the President.

. /ne ad+anta$e of a written(onstitutionis its

A. reliabilit#.

B. pemanence.

(. exibilit#.

). ex!edienc#.

>. An a!!ointment held at the !leasure of the a!!ointin$ !ower

%. essentiall! tempoa! in natue.

B. requires s!ecial quali'cations of the a!!ointee.

(. requires %usti'able reason for its termination.

). is co5extensi+e with the term of the !ublic ocer who a!!ointed him.

10. The cit# $o+ernment 'led a com!laint for ex!ro!riation of 10 lots to build a recreational

com!lex for the members of the homeowners association of Sitio Sto. Tomas& the most!o!ulated residential com!ound in the cit#. The lot owners challen$ed the !ur!ose of the

ex!ro!riation. )oes the ex!ro!riation ha+e a +alid !ur!ose3

A. 4o& because not e+er#bod# uses a recreational com!lex.

B. No, because it intends to beneft a pi"ate o$anization.

(. 6es& it is in accord with the $eneral welfare clause.


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). 6es& it ser+es the well5bein$ of the local residents.

11. An exam!le of a content based restraint on free s!eech is a re$ulation !rescribin$

%. ma(imum toleance o po'$o"enment demonstations.

B. a no rall#5no !ermit !olic#.

(. when& where& and how lawful assemblies are to be conducted.

). calibrated res!onse to rallies that ha+e become +iolent.

12. The President for$ed an executi+ea$reement with Cietnam for a #ear su!!l# of animal

feeds to the Phili!!ines not to exceed 90&000 tons. The Association of Animal eed Sellers of

the Phili!!ines questioned the executi+e a$reement for bein$ contrar# to ,.A. 9=2 which

!rohibits the im!ortation of animal feeds from Asian countries. 8s the challen$e correct3

%. &es, the e(ecuti"e a$eement is conta! to ou e(istin$ domestic law.

B. 4o& the President is the sole or$an of the $o+ernment in external relations and all his

actions as such form !art of the law of the land.

(. 4o& international a$reements are sui $eneris which must stand inde!endentl# of our

domestic laws.

). 6es& the executi+e a$reement is actuall# a treat# which does not ta


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19. The (omelec en banc cannot hear and decide a case at 'rst instance E(EPT when

A. a )i+ision refers the case to it for direct action.

B. the case in"ol"es a puel! administati"e matte.

(. the inhibition of all the members of a )i+ision is sou$ht.

). a related case is !endin$ before the Su!reme (ourt en banc.

1:. Each of the (onstitutional (ommissions is ex!ressl# described as Finde!endent&G

exem!li'ed b# its

A. immunit# from suit.

B. fscal autonom!.

(. 'nalit# of action.

). colle$ialit#.

1=. There is double %eo!ard# when the dismissal of the 'rst case is

A. made at the instance of the accused in+o


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(. 6es&for so lon$ as no one has #et been a!!ointed to re!lace him& )irector

Sison ma# still withdraw his resi$nation.

D. &es, Diecto Sison meel! complied with the ode o the head o oce-

the element o clea intention to elinquish oce is lac)in$.

1. An administrati+e rule that 'xes rates is +alid onl# when the !ro!osed rates are

A. !ublished and 'led with the HP Law (enter.

B. published and heain$s ae conducted.

(. !ublished and !osted in three !ublic !laces.

). !ublished and all sta


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B. 6es& the mere fact that the law#er was a retired %ud$e does not cast doubt on his

com!etence and inde!endence.

(. 6es& the wai+er was made +oluntaril#& ex!ressl#& and with assistance of counsel.

). 4o& a retired *ud$e is not a com!etent and inde!endent counsel.

21. Io+ernor Paloma was administrati+el# char$ed with abuse of authorit# before the /ce

of the President. Pendin$ hearin$& he ran for reelection and won a second term. @e then

mo+ed to dismiss the char$e a$ainst him based on this su!er+enin$ e+ent. Should the

motion be $ranted3

A. 6es& Io+ernor Palomas reelection is an ex!ression of the electorates obedience to his

will.

B. 4o& Io+ernor Palomas reelection cannot extin$uish his liabilit# for malfeasance in oce.

(. 4o& Io+ernor Palomas reelection does not render moot the administrati+e case alread#

!endin$ when he 'led his certi'cate of candidac# for his reelection bid.

D. &es, o"eno #aloma+s eelection is an e(pession o the electoate+s estoed

tust.

22. The decision of the ,e$ional Trial (ourt on a!!eals !ertainin$ to inclusions or exclusions

from the list of +oters

%. is inappealable.

B. is sub%ect to an action for annulment.

(. ma# be brou$ht strai$ht to the Su!reme (ourt.

). is a!!ealable to the (ommission on Elections.

27. The equal !rotection clause allows +alid classi'cation of sub%ects that a!!lies

A. onl# to !resent conditions.

B. so lon$ as it remains rele+ant to the $o+ernment.

(. for a limited !eriod onl#.


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D. o as lon$ as the poblem to be coected e(ists.

29. The President wants to a!!oint A to the +acant !ost of Associate *ustice of the Su!reme

(ourt because of his quali'cations& com!etence& honest#& and ecienc#. But As name is

not on the list of nominees that the *udicial and Bar (ouncil -*B( submitted to the

President. hat should the President do3

A. ,equest the *B( to consider addin$ A to the list.

B. )ecline to a!!oint from the list.

C. %ppoint om the list.

). ,eturn the list to *B(.

2:. (ourts ma# still decide cases that ha+e otherwise become academic when the# in+ol+e

%. the basic inteest o people.

B. !etitions for habeas cor!us.

(. acts of the (hief Executi+e.

). Presidential election !rotests.

2=. The ri$ht of the State to !rosecute crimes b# a+ailable e+idence must #ield to the ri$ht

of

%. the accused a$ainst sel'incimination.

B. another State to extradite a fu$iti+e from %ustice.

(. the State to de!ort undesirable aliens.

). the com!lainant to dro! the case a$ainst the accused.

2?. A tem!orar# a!!ointee to a !ublic oce who becomes a ci+il ser+ice eli$ible durin$ his

tenure

A. loses his tem!orar# a!!ointment without !re%udice to his re5a!!ointment as !ermanent.


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B. has the ri$ht to demand con+ersion of his a!!ointment to !ermanent.

(. automaticall# becomes a !ermanent a!!ointee.

D. etains his tempoa! appointment.

2. H!on endorsement from the Senate where it was 'rst mista


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70. A de!artment secretar# ma#& with the Presidents consent& initiate his a!!earance before

the Senate or the @ouse of ,e!resentati+es which

A. must see< the concurrence of the other @ouse before actin$.

B. must hold an executi+e session to hear the de!artment secretar#.

C. ma! alto$ethe e*ect the initiati"e.

). must acce!t such initiated a!!earance.

71. The ;etro ;anila )e+elo!ment Authorit# -;;)A !assed a rule authori"in$ trac

enforcers to im!ound ille$all# !ar


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77. & an administrati+e ocer in the )e!artment of *ustice& was char$ed with $ra+e

misconduct and !re+enti+el# sus!ended for >0 da#s !endin$ in+esti$ation. Based on the

e+idence& the Secretar# of *ustice found $uilt# as char$ed and dismissed him from the

ser+ice. Pendin$ a!!eal& s dismissal was executed. Subsequentl#& the (i+il Ser+ice

(ommission -(S( re+ersed the Secretar#s decision and the re+ersal became 'nal and

executor#. hat is the eDect of s exoneration3

A. is entitled to reinstatement and bac< salaries both durin$ his >0 da# !re+enti+e

sus!ension and his sus!ension !endin$ a!!eal.

B. is entitled to reinstatement and bac< salaries corres!ondin$ onl# to the !eriod of dela#

caused b# those !rosecutin$ the case a$ainst him.

(. is entitled to reinstatement but not to bac< salaries on $round of Fdamnum absque

in%uria.G

D. / is entitled to einstatement and bac) salaies duin$ his suspension

pendin$ appeal.

79. (ourts ma# dismiss a case on $round of mootness when

A. the case is !remature.

B. !etitioner lac


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). 4o& the 7 term limit should not a!!l# to a local $o+ernment unit that has assumed a

diDerent cor!orate existence.

7=. 8n what scenario is an extensi+e search of mo+in$ +ehicles without warrant +alid3

A. The !olice became sus!icious on seein$ somethin$ on the cars bac< seat co+ered with

blan


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(ourt of *ustice -8(*& ar$uin$ that State did not inform (arlos of his ri$ht under Article 7=

of the Cienna (on+ention to be accorded le$al assistance b# his $o+ernment. State & as

si$nator# to the Cienna (on+ention& a$reed to 8(*s com!ulsor# %urisdiction o+er all dis!utes

re$ardin$ the inter!retation or a!!lication of the Cienna (on+ention. 8(* ruled that State

+iolated its obli$ation to !ro+ide consular noti'cation to the forei$n nationals countr#. 8(*

also required State to re+iew and reconsider the life sentence im!osed on the forei$n

national. State then wrote the Hnited 4ations informin$ that it was withdrawin$ from the

/!tional Protocol on Cienna (on+ention and was not bound b# the 8(* decision. hat

!rinci!le of international law did State +iolate3

%. #acta Sunt Se"anda

B. Act of State )octrine

(. Protecti+e Princi!le

). *us (o$ens

90. An informer told the !olice that a To#ota (ar with !late AB( 179 would deli+er an

uns!eci'ed quantit# of ecstac# in orbes Par


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B. &es, because 2aia+s position does not all within the pohibition.

(. 4o& because her mother is not the desi$natin$ authorit#.

). 4o& because ;aria is related to the su!er+isin$ authorit# within the !rohibited de$ree of

consan$uinit#.

9:. The Presidents a!!ointment of an actin$ secretar# althou$h (on$ress is in session is

A. +oidable.

B. "alid.

(. in+alid.

). unenforceable.

9=. (on$ress !assed a bill a!!ro!riatin$ P:0 million in assistance to locall# based tele+ision

stations sub%ect to the condition that the amount would be a+ailable onl# in !laces where

commercial national tele+ision stations do not o!erate. The President a!!ro+ed the

a!!ro!riation but +etoed the condition. as the +eto +alid3

A. 6es& since the +etoed condition ma# be se!arated from the item.

B. 6es& the Presidents +eto !ower is absolute.

(. 4o& since the +eto amounted to a su!!ression of the freedom to communicate throu$h

tele+ision.

D. No, since the appo"al o the item caied with it the appo"al o the

condition attached to it.

9?. 8n the exercise of its !ower of le$islati+e inquiries and o+ersi$ht functions& the @ouse of

,e!resentati+es or the Senate ma# onl# as< questions

A. that the ocial called is willin$ to answer.

B. that are rele+ant to the !ro!osed le$islation.

(. to which the witness $a+e his !rior consent.

D. mateial to the sub*ect o inqui!.


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9. An ordinance !rohibits Fnotorious street $an$ membersG from loiterin$ in !ublic !laces.

The !olice are to dis!erse them or& if the# refuse& !lace them under arrest. The ordinance

enumerates which !olice ocers can ma


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B. Secretar# of *ustice.

(. !olice and other law enforcement a$encies.

). (it# or Pro+incial Prosecutor.

:2. A law authori"ed the Secretar# of A$riculture to require the quarantine of animals that

suDer from dan$erous communicable diseases at such !lace and for such time he deems

necessar# to !re+ent their s!read. The Secretar# of A$riculture issued a re$ulation& im!osin$

a !enalt# of im!risonment for 10 da#s on !ersons trans!ortin$ quarantined animals without

his !ermission. The re$ulation is

A. a +alid exercise of the !ower of subordinate le$islation.

B. in"alid o bein$ ulta "ies.

(. a +alid exercise of !olice !ower.

). in+alid for bein$ discriminator#.

:7. Small5scale utili"ation of natural resources b# ili!ino citi"ens ma# be allowed b#

%. Con$ess.

B. either the Senate or the @ouse of ,e!resentati+es.

(. the President.

). the President with the consent of (on$ress.

:9. hen the (i+il Ser+ice (ommission -(S( a!!ro+es the a!!ointment of the Executi+e

)irector of the Land Trans!ortation ranchisin$ and ,e$ulator# Board who !ossesses all the

!rescribed quali'cations& the (S( !erforms

A. a discretionar# dut#.

B. a mix discretionar# and ministerial dut#.

C. a ministeial dut!.

). a rule5ma


18/32

::. ian and 6ani ran for (on$ressman in the same district. )urin$ the can+assin$& 6ani

ob%ected to se+eral returns which he said were tam!ered with. The board of can+assers did

not entertain 6anis ob%ections for lac< of authorit# to do so. 6ani questions the law

!rohibitin$ the 'lin$ of !re5!roclamation cases in+ol+in$ the election of (on$ressmen since

the (onstitution $rants (/;ELE( %urisdiction o+er all !re5!roclamation cases& without

distinction. 8s 6ani correct3

A. 6es& the (onstitution $rants %urisdiction to (/;ELE( on all !re5!roclamation cases&

without exce!tion.

B. No, CO2343C+s *uisdiction o"e pe'poclamation cases petains onl!

to elections o e$ional, po"incial, and cit! ocials.

(. 4o& (/;ELE(s %urisdiction o+er !re5!roclamation cases does not include those that must

be brou$ht directl# to the courts.

). 6es& an# conict between the law and the (onstitution relati+e to (/;ELE(s %urisdiction

must be resol+ed in fa+or of the (onstitution.

:=. hen the Su!reme (ourt nulli'ed the decisions of the militar# tribunal for lac< of

%urisdiction& it excluded from their co+era$e decisions of acquittal where the defendants

were deemed to ha+e acquired a +ested ri$ht. 8n so doin$& the Su!reme (ourt a!!lied

%. the opeati"e act doctine.

B. the rule a$ainst double %eo!ard#.

(. the doctrine of su!er+enin$ e+ent.

). the orthodox doctrine.

:?. Accused !leaded not $uilt# to the char$e of homicide a$ainst him. Since he was

admitted to bail& the# sent him notices to attend the hearin$s of his case. But he did notshow u!& des!ite notice& in four successi+e hearin$s without oDerin$ an# %usti'cation. The

!rosecution mo+ed to !resent e+idence in absentia but the court denied the motion on the

$round that the accused has a ri$ht to be !resent at his trial. 8s the court correct3

%. No, the cout is mandated to hold tial in absentia when the accused had

been aai$ned, had notice, and his absence was un*ustifed.


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B. 6es& it remains discretionar# on the court whether to conduct trial in absentia e+en if the

accused had been arrai$ned and had notice and did not %ustif# his absence.

(. 6es& it is within the courts discretion to determine how man# !ost!onements it will $rant

the accused before tr#in$ him in absentia.

). 4o& the court ma# re%ect trial in absentia onl# on $rounds of fraud& accident& mista


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C. the decision o the CO2343C di"ision in"ol"in$ an election potest.

). its own decision in+ol+in$ an election !rotest.

=1. Adela ser+ed as ;a#or of Masim for 2 consecuti+e terms. /n her third term& (/;ELE(

ousted her in an election !rotest that Iudi& her o!!onent& 'led a$ainst her. Two #ears later&

Iudi faced recall !roceedin$s and Adela ran in the recall election a$ainst him. Adela won

and ser+ed as ;a#or for Iudis remainin$ term. (an Adela run a$ain for ;a#or in the next

succeedin$ election without +iolatin$ the 7 term limit3

A. 4o& she won the re$ular ma#oralt# election for two consecuti+e terms and the recall

election constitutes her third term.

B. A. 4o& she alread# won the ma#oralt# election for 7 consecuti+e terms.

C. &es, he ouste om oce in he thid tem inteupted the continuit! o

he se"ice as ma!o.). 6es& the fresh mandate $i+en her durin$ the recall election erased her disquali'cation for

a third term.

=2. A child born in the Hnited States to a ili!ino mother and an American father is

A. a ili!ino citi"en b# election.

B. a re!atriated ili!ino citi"en.

(. a dual citi"en.

D. a natual bon Filipino citizen.

=7. 8n+oluntar# ser+itude ma# be required as

A. !art of rehabilitation of one dul# char$ed with a crime.

B. substitute !enalt# for one who has been dul# tried for a crime.

C. punishment o a cime whee one has been dul! con"icted.

). condition !recedent to ones +alid arrai$nment.


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=9. Can sou$ht to disqualif# ;anresa as con$resswoman of the third district of ;anila on the

$round that the latter is a $reencard holder. B# the time the case was decided a$ainst

;anresa& she had alread# ser+ed her full term as con$resswoman. hat was ;anresas

status durin$ her incumbenc# as con$resswoman3

A. She was a de %ure ocer& ha+in$ been dul# elected.

B. She was not a !ublic ocer because she had no +alid existin$ !ublic oce.

(. She was a de %ure ocer since she com!leted her term before she was disquali'ed.

D. She was a de acto oce since she was elected, se"ed, and

he disqualifcation onl! came late.

=:. hose a!!ointment is 4/T sub%ect to con'rmation b# the (ommission onA!!ointments3

A. (hairman of the (i+il Ser+ice (ommission

B. Chie 5ustice o the Supeme Cout

(. (hief of StaD of the Armed orces of the Phili!!ines

). Executi+e Secretar#

==. The s#stem of chec


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B. emer$enc# !ower.

C. police powe.

). residual !ower.

=. Associate *ustice A retires from the Su!reme (ourt >0 da#s before the forthcomin$

Presidential election. ;a# the incumbent President still a!!oint *ustice As successor3

A. 4o& it will +iolate the (onstitutional !rohibition a$ainst midni$ht a!!ointments.

B. &es, "acancies in the Supeme Cout should be flled within 78 da!s om

occuence o the "acanc!.

(. 6es& +acancies in the Su!reme (ourt should be 'lled within >0 da#s from submission of

*B( nominees to the President.

). 4o& the incumbent President must #ield to the choice of the next President

=>. The President ma# set a limit on the countr#s im!ort quota in the exercise of his

%. dele$ated powe.

B. concurrin$ !ower.

(. residual !ower.

). inherent !ower.

?0. Amor sued for annulment of a deed of sale of Lot 1. hile the case was on$oin$&

Balta"ar& an interested bu#er& $ot a (erti'cation from Att#. (ris!in& the (ler< of (ourt& that

Lot 1 was not in+ol+ed in an# !endin$ case before the court. Actin$ on the certi'cation& the

,e$ister of )eeds canceled the notice of lis !endens annotated on Lot 1s title. Amor 'led a

dama$e suit a$ainst Att#. (ris!in but the latter in+o


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B. %tt!. Cispin+s deense is in"alid since he issued his cetifcation

ec)lessl! without chec)in$ the acts.

(. Att#. (ris!ins defense is +alid since he was unaware of the !endenc# of the case.

). As (ler< of (ourt& Att#. (ris!in en%o#s absolute immunit# from suit for acts relatin$ to his

wor


24/32

). The (it# of (ebu is not liable as a consequence of its non5suitabilit#.

?7. )urin$ !romul$ation of sentence& the !resence of the accused is mandator# but he ma#

a!!ear b# counsel or re!resentati+e when

%. he is cha$ed with a li$ht o6ense.

B. he was able to cross5examine the !rosecutions witnesses.

(. he wai+es his ri$ht to be !resent.

). he is con+icted of a bailable oDense.

?9. An information for murder was 'led a$ainst . After examinin$ the case records

forwarded to him b# the !rosecution& the trial %ud$e $ranted bail to based on the

!rosecutions manifestation that it was not ob%ectin$ to the $rant of bail. 8s the trial %ud$e

correct3

A. 6es& the trial %ud$e ma# e+aluate the stren$th or wea


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?=. ;ass media in the Phili!!ines ma# be owned and mana$ed b#

%. copoations wholl! owned and mana$ed b! Filipinos.

B. cor!orations =0N owned b# ili!inos.

(. cor!orations wholl# owned b# ili!inos.

). cor!orations =0N owned and mana$ed b# ili!inos.

??. Procedural due !rocess in administrati+e !roceedin$s

%. equies the tibunal to conside the e"idence pesented.

B. allows the losin$ !art# to 'le a motion for reconsideration.

(. requires hearin$ the !arties on oral ar$ument.

). !ermits the !arties to 'le memoranda.

?. The (onstitution !rohibits cruel and inhuman !unishments which in+ol+e

%. totue o lin$ein$ su6ein$.

B. !rimiti+e and $ross !enalties.

(. unusual !enal methods.

). de$radin$ and queer !enalties.

?>. *ud$e Llo#d was char$ed with serious misconduct before the Su!reme (ourt. The (ourt

found him $uilt# and ordered him dismissed. Belie+in$ that the decision was not

immediatel# executor#& he decided a case that had been submitted for resolution. The

decision became 'nal and executor#. But the losin$ !art# 'led a certiorari action with the

(ourt of A!!eals see


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(. 6es& *ud$e Llo#d Os ri$ht to sta# as %ud$e ma# be challen$ed as a necessar# incident of the

certiorari action.

). 4o& the losin$ !art# has no standin$ to challen$e *ud$e Llo#ds ri$ht to sta# as %ud$e.

0. Executi+e Secretar# (hua issued an order !rohibitin$ the holdin$ of rallies alon$

;endiola because it ham!ers the trac ow to ;alacanan$. A $rou! of militants questioned

the order for bein$ unconstitutional and 'led a case a$ainst Secretar# (hua to restrain him

from enforcin$ the order. Secretar# (hua raised state immunit# from suit claimin$ that the

state cannot be sued without its consent. 8s the claim correct3

%. No, public oces ma! be sued to estain him om enocin$ an act claimed to

be unconstitutional.

B. 6es& the order was not a !ro!rietar# act of the $o+ernment.

(. 4o& onl# the !resident ma# raise the defense of immunit# from suit.

). 6es& Secretar# (hua cannot be sued for acts done in !ursuance to his !ublic oce.

1. Anton was the dul# elected ;a#or of Tunawi in the local elections of 2009. @e $ot :1N of

all the +otes cast. ourteen months later& Cictoria& who also ran for ma#or& 'led with the

Local Election ,e$istrar& a !etition for recall a$ainst Anton. The (/;ELE( a!!ro+ed the

!etition and set a date for its si$nin$ b# other quali'ed +oters in order to $arner at least

2:N of the total number of re$istered +oters or total number of those who actuall# +oted

durin$ the local election in 200:& whiche+er is lower. Anton attac


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2. Hsin$ the descri!tion of the su!!lier of shabu $i+en b# !ersons who had been arrested

earlier for sellin$ it& the !olice conducted a sur+eillance of the area indicated. hen the#

saw a man who 'tted the descri!tion wal


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:. hen an electi+e ocials !re+enti+e sus!ension will result in de!ri+in$ his constituents

of his ser+ices or re!resentation& the court ma#

%. equie the in"esti$atin$ bod! to e(pedite the in"esti$ation.

B. hold in abe#ance the !eriod of such sus!ension.

(. direct the holdin$ of an election to 'll u! the tem!orar# +acanc#.

). shorten the !eriod of such sus!ension.

=. hen the State requires !ri+ate cemeteries to reser+e 10N of their lots for burial of the

!oor& it exercises its

%. eminent domain powe.

B. "onin$ !ower.

(. !olice !ower.

). taxin$ !ower.

?. 8n the +alid exercise of mana$ement !rero$ati+e consistent with the com!an#s ri$ht to

!rotect its economic interest& it ma# !rohibit its em!lo#ees from

A. %oinin$ rallies durin$ their wor< shift.

B. ma!in$ emplo!ees o competito companies.

(. !ublicl# con+er$in$ with !atrons of com!etitor com!anies.

). !atroni"in$ the !roduct of com!etitor com!anies.

. The President issued an executi+e order directin$ all de!artment heads to secure his

consent before a$reein$ to a!!ear durin$ question hour before (on$ress on matters!ertainin$ to their de!artments. 8s the executi+e order unconstitutional for su!!ressin$

information of !ublic concern3

A. 4o& because those de!artment heads are his alter e$os and he is but exercisin$ his ri$ht

a$ainst self5incrimination.


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B. 6es& the President cannot control the initiati+e of the de!artment heads to conform with

the o+ersi$ht function of (on$ress.

(. 6es& the President cannot withhold consent to the initiati+e of his de!artment heads as it

will +iolate the !rinci!le of chec< and balance.

D. No, the #esident has the powe to withhold consent to appeaance b!

his depatment heads duin$ question hou.

>. hen the President contracted a !ersonal loan durin$ his incumbenc#& he ma# be sued

for sum of mone#

A. durin$ his term of oce.

B. durin$ his tenure of oce.

(. after his term of oce.

D. ate his tenue o oce.

>0. The Senate Blue ,ibbon (ommittee summoned & a former de!artment secretar#& to

shed li$ht on his alle$ed illicit acquisition of !ro!erties claimed b# the Presidential

(ommission on Iood Io+ernment. sou$ht to restrain the (ommittee from !roceedin$

with its in+esti$ation because of a !endin$ criminal case a$ainst him before the

Sandi$anba#an for ill5$otten wealth in+ol+in$ the same !ro!erties. )ecide. The

in+esti$ation ma#

A. not be restrained on $round of se!aration of !owers.

B. be restrained on $round of !re%udicial question.

(. not be restrained on $round of !resumed +alidit# of le$islati+e action.

D. be estained o bein$ sub *udice.

>1. A $o+ernment that actuall# exercises !ower and control as o!!osed to the true and

lawful $o+ernment is in terms of le$itimac#

A. a $o+ernment of force.

B. an interim $o+ernment.


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C. a de acto $o"enment.

). an ille$itimate $o+ernment.

>2. The S!ecial (ommittee on 4aturali"ation is headed b#

A. the Secretar# of *ustice.

B. the Secretar# of orei$n ADairs.

(. the 4ational Securit# Ad+iser.

D. the Solicito eneal.

>7. The President issued Proclamation >:1? declarin$ a state of emer$enc# and callin$ the

armed forces to immediatel# carr# out necessar# measures to su!!ress terrorism and

lawless +iolence. 8n the same !roclamation& he directed the $o+ernments tem!orar#

ta


31/32


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%. No, it will amount to emo"al.

B. 4o& his membershi! in the bar is secure.

(. 6es& b# the Su!reme (ourt itself.

). 6es& b# (on$ress in %oint session.

>>. ;a#or Lucia of (asidsid 'led her certi'cate of candidac# for con$resswoman of the

district co+erin$ (asidsid. Still& she continued to act as ma#or of (asidsid without collectin$

her salaries as such. hen she lost the election and a new ma#or assumed oce& she 'led

an action to collect the salaries she did not $et while ser+in$ as ma#or e+en when she ran

for con$resswoman. 8s her action correct3

A. 4o& salaries can be wai+ed and she wai+ed them.

B. No, because he acts as de acto oce ae "oid insoa as she is concened.

(. 6es& !ublic !olic# demands that a de facto ocer en%o# the same ri$hts of a de %ure

ocer.

). A. 6es& it is but %ust that she be !aid for the ser+ice she rendered.

100. & a ili!ino and 6& an American& both teach at the 8nternational 8nstitute in ;anila. The

institute $a+e a salar# rate of P1&000 !er hour and 6& P1&2:0 !er hour !lus housin$&

trans!ortation& shi!!in$ costs& and lea+e tra+el allowance. The school cited the dislocation

factor and limited tenure of 6 to %ustif# his hi$h salar# rate and additional bene'ts. The same

!ac

Documents

This is Set a of the 2011 Bar Exams on Political