Political Law Mock Bar

7/27/2019 Political Law Mock Bar

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UNIVERSITY OF THE PHILIPPINESCOLLEGE OF LAW

Diliman, Quezon City

MOCK BAR (Set 1) EXAMINATIONS 2012POLITICAL LAW

Part I: MULTIPLE CHOICE (50 pts.)

INSTRUCTIONS: Choose the correct answer by shading the circle of the correspondingletter of your answer. Do not write anything in the questionnaire. Turn in thequestionnaire at the end of the exam. You have fifty (50) minutes to complete this part ofthe exam.

ANSWER SHEET

A B C D

1 O O O O2 O O O O3 O O O O4 O O O O5 O O O O

6 O O O O7 O O O O8 O O O O9 O O O O

10 O O O O


A B C D



25 O O O O


A B C D



40 O O O O



50 O O O O


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INSTRUCTIONS: Choose the correct answer by shading the circle of the correspondingletter of your answer. Do not write anything in the questionnaire. Turn in thequestionnaire at the end of the exam.

1. What is the minimum population of legislative districts?

A. One hundred fifty thousandB. Two hundred thousandC. Two hundred fifty thousandD. Three hundred thousand

2. The following are exempted from the operation of the rules on nepotisms except:

A. DoctorsB. TeachersC. ResearchersD. Member of the Armed Forces of the Philippines

3. Statutes imposing prior restraint on the freedom of expression

A. Enjoy a presumption of constitutionalityB. Are generally illegal and presumed unconstitutional

C. Enjoy a presumption of constitutionality, unless imposed on movies, television, andradio broadcasts

D. Are presumed constitutional, unless imposed on religious speech

4. A verified complaint for impeachment may be filed by

A. Any Member of CongressB. Any citizen upon a resolution of endorsement by any Member of the House of

RepresentativesC. Any public officer upon a resolution of endorsement by any Member of CongressD. Any elected public officer

5. A city must fulfill the following requirements in order to be validly created:

A. Income and either population or land areaB. Income, population and land areaC. Income and populationD. Income and land area


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6. In the case of Ang Tibay v. CIR, the Supreme Court identified all of the following asconstituting the seven cardinal primary rights required by administrative due processEXCEPT:

A. The tribunal must consider the evidence presentedB. Decision must be supported by evidenceC. Independent consideration of judgeD. Right to an adversarial trial

7. A member of the House of Representatives wrote an allegedly libellous open letter to thePresident and caused its publication in several newspapers. Is the letter consideredprivileged communication?

A. Yes, because it was made by a member of the House of RepresentativesB. No, because privileged communication only covers speech made in the performance

of official dutiesC. Yes, because the information contained therein is trueD. 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 CodeD. The Supreme Court adopting new rules on procedure

9. Is there hierarchy among the primary sources of international law?

A. Yes, as they are enumerated in the ICJ Statute.

B. Yes, primary sources are superior over subsidiary sources.C. No, the order of the enumeration does not provide a hierarchy in all cases.D. 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 withoutthe consent of the state of which he is a citizen is an example of:

A. Obligations erga omnesB. Formal sourcesC. Material sourcesD. Consent to be bound

11. The City Government sold a portion of the plaza to market vendors at a discounted rate. Isthe contract of sale valid?

A. NO. The fee should be at the prevailing market rate.B. NO. The plaza cannot be the subject of a contract.C. YES. The City Government has discretion on what to do with the plaza.D. YES. The City Government can alienate its private property.


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12. A decision regarding a land dispute is rendered against Juan by the Secretary of theDepartment of Agriculture. The issue is elevated to the office of the President. TheExecutive Secretary likewise denied Juans claim. Juan assails the decision on the groundthat the Presidential power of control may only be exercised by the President himself. IsJuans assertion valid?

A. Yes, because only the President has the discretion to decide on such disputesB. No, because the President does not have time to decide all such disputes himselfC. Yes, because in the absence of the President, the Vice-President must decideD. 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 forviolation of election laws, rules, and regulations without

A. The concurrence of the SenateB. The concurrent of the House of RepresentativesC. The favourable recommendation of the Commission on Elections

D. 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 wasunforeseen by the parties and thus the treaty can be voided and considered withoutlegal effect.

B. Yes, since once of the requisites is that the treatys duration is indefinite, it followsthat the parties did not contemplate upon a change so revolutionary that it rendersthe treaty without effect.

C. No, because the termination of the treaty because of the doctrine must not adverselyaffect 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 thepart of the party invoking it.

15. A woman charged with adultery is compelled by the Court to subject herself to a physicalexamination. The results would be used as evidence in the case against her. Can shevalidly invoke the right against self-incrimination against such physical examination?

A. Yes, because the results of the examination would be used as evidence against herB. No, because the right only protects against compulsory testimonial self-incriminationC. Yes, because it is within her right to refrain from aiding the court in procuring

evidence against herselfD. No, because the physical examination has not yet been done

16. The following are ESSENTIAL characteristics of a public office, except:

A. Delegation of sovereign functionsB. Creation is by law and not by contractC. An oathD. Salary/Compensation


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17. A television host uttered curse words on a daytime religious show. The MTRCB suspendedthe television show. The network assailed the order, invoking their right to the free exerciseof religion and freedom of expression. Is the MTRCB order valid?

A. Yes, because freedom of expression especially by means of television, radio, andmotion pictures, may be validly regulated to serve public interests

B. No, because freedom of expression must first overcome the clear and presentdanger test

C. Yes, because being on a religious show does not automatically mean that the cursewords 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. When the appointee has accepted the appointmentB. When the appointee has assumed officeC. When the last act of the appointing authority has been accomplishedD. 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 partiesand the issues resolved.

B. Yes, because the parties agreed to be bound by the decision of the internationaltribunal by submitting to its jurisdiction.

C. No, because the decision of the Court has no binding force except between theparties and that particular case.

D. No, because the decision of the Court has merely persuasive effect and cannot bindparties which not in dispute.

20. The Supreme Court exercises original jurisdiction over

A. Cases affecting ambassadors, other public ministers and consulsB. Cases involving the legality of any tax, impost, assessment, or tollC. Cases in which only an error or question of law is involvedD. 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 murderB. 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 himD. 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 wasoriginally filed with the RTC

B. When the issue to be settled is a question of factC. When the agency has exclusive jurisdiction


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D. When the question to be resolved is one which requires the expertise ofadministrative agencies and the legislative intent on the matter is to have uniformityin the rulings.

23. A Senator, in a speech made in the Senate, proposed that an investigation be made withregard to violations of the Anti-Graft and Corrupt Practices Act. The matter was referred tothe Senate Blue Ribbon Committee. Can the Blue Ribbon committee conduct theinvestigation?

A. Yes, because it is a matter of transcendental importanceB. No, because the inquiry is not done in aid of legislationC. Yes, because the Senate is given authority to conduct inquiries under the

ConstitutionD. 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. Intention to relinquish a part of the termB. Act of relinquishmentC. Tendering of resignation letter to the proper authorityD. Acceptance by the proper authority

25. Dual citizenship is

A. Considered the same as dual allegiance, and is inimical to the national interest andis dealt with by law

B. Merely as a result of the concurrent application of the different application of two ormore 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 municipalitiespursuant to the Revised Administrative Code. Public funds were to be disbursed in theimplementation of said executive orders. Does the act of the President constitute an unduedelegation of legislative power?

A. Yes, because the assailed executive orders have not been properly promulgatedB. No, because his power to create such municipalities have been provided for by lawC. Yes, because the authority to create municipal corporations is legislative in nature

D. No, because local governments such as municipalities fall under the executivebranch of government

27. To which of the following cases would res judicata apply?

A. The decision of the NLRC in an illegal dismissal caseB. The issuance of a drivers license by the LTOC. COMELECs determination of probable cause for filing an information for double

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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. a peremptory norm of general international law.B. the general practice of states in the international community.C. generally accepted principles of international law.D. a domestic law of a state.

29. The constitutionality of a law banning the killing and intra-province transport of carabao andcarabeef beef is assailed. The trial court declined to rule on the constitutionality of the lawon the ground that it does not have the authority to do so. Does the trial court haveauthority?

A. Yes, because all courts are given the power of judicial review, subject to review bythe Supreme Court

B. No, because only the Court of Appeals and the Supreme Court can decide onquestions of constitutionality

C. Yes, because the law has not yet been implementedD. 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 constitutionallyprotected right

B. NO because appointive officials are officers in the civil serviceC. YES because equal rights should be granted to appointive and elective officials when

it comes to participation in political activitiesD. NO because it will engender conflict of interest

31. A revision to the Constitution may be proposed by

A. By the people through initiativeB. The House of Representatives, upon a vote of majority of all its MembersC. The Congress, upon a vote of three-fourths of all its MembersD. The President of the Philippines

32. State A violates an erga omnes obligation to State B. What is the implication of suchviolation to third-party states?

A. Third-party states can defend State B.B. Third-party states can prosecute on behalf of the offended state.

C. Third-party states can claim compensation.D. 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 AppointmentsB. Shall remain effective, unless revoked by the elected President at any time during his

term


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C. Shall remain effective, unless revoked by the elected President within one hundredand twenty days from his assumption or reassumption of office

D. Shall remain effective, unless revoked by the elected President within ninety daysfrom his assumption or reassumption of office

34. A petition for recall for loss of confidence was filed against Mayor Rivera. It was filed 11months after he assumed his post and was signed by the required number of voters. Is thepetition valid?

A. NO because it is filed within 1 year from the date of assumption of office of theofficial

B. YES because it complies with all the requirements of a valid petitionC. NO because mere loss of confidence does not suffice to recall an officialD. 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 ServiceB. To check whether or not the appointee possesses the appropriate civil service

eligibilityC. To direct the appointing authority to change the employment status of an employee

i.e. from temporary to permanentD. To order the reinstatement of an illegally demoted or dismissed employee

36. The following are requisites for a valid classification except:

A. The classification must be substantialB. The classification must be germane to the purposes of the lawC. The classification is applicable to the existing condition

D. 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 theConstitution

B. Those whose fathers or mothers are citizens of the Philippines, even if residing in aforeign country

C. Those who are naturalized in accordance with lawD. 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 municipalityB. An executive order issued by the President pursuant to the Revised Administrative

CodeC. Congress passing a law merging two municipalities to create a cityD. Congress passing a law creating an autonomous region


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39. Appointments in the civil service shall be made

A. Only according to merit and fitness, to be determined by competitive examinationB. According to merit, fitness, and other considerations as may be provided by lawC. According to considerations as may be determined by the position being filledD. 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. NO, because the Philippines adheres to the no-work, no-pay policyB. YES, because he was involuntarily prevented from rendering workC. YES, because preventive suspension is not a penaltyD. 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. No, they are inadmissible for any purpose in any proceedingB. No, unless the search has been consented theretoC. Yes, they are admissibleD. 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 entertreaties on behalf of their respective States.

B. Yes, because the term includes all agreements between states regardless of howthey are called.

C. No, because executives are not the States themselves.

D. No, because the VCLOT does not state that the term treaty includes executiveagreements.

43. A law is passed by the House of Representatives creating a tax exemption for Judges onthe argument that deducting taxes constitutes a decrease in their salaries, thus violating theConstitutional provision stating that their salaries shall not be decreased during theircontinuance in office. Is the law valid?

A. Yes, because any decrease in their salaries is prohibited by the ConstitutionB. No, because tax exemptions must originate from the PresidentC. Yes, because tax exemptions are generally valid for public officersD. No, because income tax and the payment of such does not fall within the

Constitutional prohibition

44. The conditions and elements ofde 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


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45. A movie is made based on the happenings of the Oakwood Mutiny. Fictional characters arethe main focus but real-life characters are also portrayed to keep the movie realistic. Amilitary official, whose acts were fundamental to the event, files a petition enjoining thefilmmakers from portraying any part of his life, invoking his right to privacy. The filmmakersinvoke their right to freedom of expression. The Court should

A. Grant the petition because the military officials right to privacy is greater than thefilmmakers right to freedom of expression

B. Deny the petition because the filmmakers should be allowed to finish the film firstbefore it can be assailed

C. Grant the petition because the military official should be paid for his consent to berepresented in the movie

D. Deny the petition because the military official is considered a public figure, andenjoys a lesser amount of privacy

46. A de facto officer is not entitled to compensation except

A. When the de facto officer entered into office in good faith

B. When the de facto officer did the actual workC. When the de facto officer entered into office under color of titleD. A de facto officer is always entitled to compensation

47. A cabinet member is assigned as an ex-officio member of the National Housing AuthorityBoard. He is disallowed by the Commission on Audit from receiving compensation asmember of the Board due to the prohibition against multiple offices. Is the act of theCommission valid?

A. Yes, because his membership in the Board is merely attached to his principalposition and does not require further compensation

B. No, because every public position held by a person must come with just

compensationC. Yes, because the prohibition against multiple offices does not cover cabinet

membersD. 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. Two-thirds of all the Members of Congress consent theretoB. Public safety requires it, for a period not exceeding sixty daysC. Public safety requires it, in case of invasion or rebellionD. Whenever it becomes necessary

49. The President has the power to grant amnesty

A. With the concurrence of a majority of all the Members of the CongressB. With the concurrence of two-thirds of all the Members of the CongressC. With a concurrence of two-thirds of the SenateD. With a concurrence of majority of the Members of the House of Representatives


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50. All appropriation, revenue or tariff bills authorizing increase of public debt, bills of localapplication, and private bills

A. Shall originate exclusively in the Senate, but the House of Representatives maypropose or concur with amendments

B. Shall originate exclusively in the House of Representatives, but the Senate mypropose or concur with amendments

C. Shall originate exclusively in the senateD. Shall originate exclusively in the House of Representatives


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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 conservativeplatform in the government, intended to participate in the party-list election. Lagi NalangMahirap party challenged the registration as violation of the policy of RA 7941. The UnaCoalition of VPres. Binay filed a complaint to cancel the registration for purposes of participatingin 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 IskaMorena as respondent. Lims lawyer, city lega l officer Renato Cruz, said the petition asked thecourt to declare as illegal and unconstitutional a recently passed ordinance that exemptsSMARTER Telecom from paying franchise taxes. In April, the city council, with then actingmayor Morena (Lim was abroad during that time), approved the ordinance. Lim warned that theordinance would deprive the city of revenues. Moreover, he argued that Morena committedgrave 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 wasacting as Mayor at the same time to preside over the session leading to theenactment of the ordinance?

b. Under the Local Government Code, is the procedural route taken by Mayor Limin 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 Provinceof 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 designatedthe Sec. of the DILG as the acting governor. The outgoing governor protested the appointmentarguing 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 barangayChairman?


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IV.

A Panamanian diplomat while shopping at a mall in Makati shot a Filipino after a heatedargument. A criminal information was filed in the RTC but the counsel of the diplomat timely fileda motion to quash the information arguing that the courts have no criminal jurisdiction over thediplomat?

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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Political Law Mock Bar