SUGGESTED ANSWERS TO THE BAR QUESTIONS 2008 POLITICAL LAW a. The legal yard !"#$ "% de!er&"%"%g 'he!

her ( age ha )e#*&e #( !*&ary "%!er%a!"*%al la' " e+,re ed "% !he &a+"& *,"%"* -(r" ".e %e#e "!a!" *r *,"%"* -(r" /*r h*r!. Wha! d*e !he &a+"& &ea%0 1234 ). U%der "%!er%a!"*%al la'5 d"//ere%!"a!e 6hard la'6 /r*& 6 */! la'6.1234 SUGGESTED ANSWER: a. The maxim opinion juris sive necessitates or opinion juris for short, literally opinion as to law or necessity, refers to the belief that the practice in question is rendered obligatory by the existence of a rule of law requiring it. It is thatpsychological element that comprises one of the two factors in the classic formulation in international law that sees those customary rules as binding. (Mi ares !s. "a!ier, #.$. %o. &'(')*, +pril &), ),,*Opinio juris means that a rule is being followed by states because they consider it obligatory to comply with such rules (.harmaceutical and /eath 0are +ssociation of the .hilippines !s. /ealth 1ecretary, #.$. %o. &2','3, 4ct. (, ),,2b. The term hard law in international law refers to legally binding obligations demand faithful compliance from the states. 4n the other hand, soft law refers to those set of international rules that lac5 features li5e obligation, uniformity, usticiability, sanctions, and6or an enforcement staff. 1778 http866www.law.wisc.edu6facstaff6trube56/ybridity.ap er+pril),,*.pdf http866www.accessmylibrary.com6coms)6summary9,) :;<;*&;')9ITM 1uggested answers from the =ar 7xams >orum. 7 II 7 8ay a !rea!y ."*la!e "%!er%a!"*%al la'0 I/ y*(r a% 'er " "% !he a//"r&a!".e5 e+,la"% 'he% (#h &ay ha,,e%. I/ y*(r a% 'er " "% !he %ega!".e5 e+,la"% 'hy. 1934 I ha!e no idea. 1uggested answer from the =ar 7xams >orum. 7 III 7 The Pre "de%! al*%e '"!h*(! !he #*%#(rre%#e */ !he Se%a!e a)r*ga!ed a !rea!y. A (&e !ha! !he *!her #*(%!ry7,ar!y !* !he !rea!y " agreea)le !* !he a)r*ga!"*% ,r*."ded "! #*&,l"e '"!h !he Ph"l",,"%e C*% !"!(!"*%. I/ a #a e "%.*l."%g !he .al"d"!y */ !he !rea!y a)r*ga!"*% " )r*(gh! !* !heS(,re&e C*(r!5 h*' h*(ld "! )e re *l.ed0 1:34 SUGGESTED ANSWER: The 0onstitution is silent on the abrogation of a treaty. /owe!er, treaties become part of the law of the land through transformation pursuant to +rt. ?II, 1ec. )& of the 0onstitution which pro!ides for 1enate concurrence by at least )6' !otes of all its members (.harmaceutical and /ealth 0are +ssociation of the .hilippines !s. /ealth 1ecretary, #.$. %o. &2','3,

4ct. (, ),,2-. +ssuming in the present case that the treaty in question has been concurred in by 0ongress when it was entered into, such a treaty now becomes part of our laws. Thus, it can only be amended or repealed by a subsequent law (Ichong !s. /ernande@, #.$. %o. A<2((*, May '&, &(*2- and the .resident cannot unilaterally abrogate it without concurrence from the same 1enate that upheld its !alidity. 1uggested answers from the =ar 7xams >orum. 7 I; 7 C*%gre ,a ed a la' a(!h*r"<"%g !he Na!"*%al H*( "%g A(!h*r"!y 1NHA4 !* e+,r*,r"a!e *r a#=("re ,r".a!e ,r*,er!y /*r !he rede.el*,&e%! */ l(& area 5 a 'ell a !* lea e *r re ell !he ,r*,er!y !* ,r".a!e de.el*,er !* #arry *(! !he rede.el*,&e%! ,la%. P(r (a%! !* !he la'5 !he NHA a#=("red all ,r*,er!"e '"!h"% a !arge!ed )adly )l"gh!ed area "% Sa% N"#*la 5 8a%"la e+#e,! a 'ell7 &a"%!a"%ed dr(g a%d #*%.e%"e%#e !*re !ha! ,* e %* )l"gh! *r heal!h ,r*)le& "! el/. Therea/!er5 NHA *ld all !he ,r*,er!"e "! ha !h( /ar a#=("red !* a ,r".a!e real!y #*&,a%y /*r rede.el*,&e%!. Th( 5 !he NHA "%"!"a!ed e+,r*,r"a!"*% ,r*#eed"%g aga"% ! !he !*re *'%er 'h* ,r*!e !ed !ha! h" ,r*,er!y #*(ld %*! )e !a$e% )e#a( e "! " %*! re "de%!"al *r l(& h*( "%g. He al * #*%!e%ded !ha! h" ,r*,er!y " )e"%g #*%de&%ed /*r a ,r".a!e ,(r,* e5 %*! a ,()l"# *%e5 %*!"%g !he NHA> ale */ !he e%!"re area e+#e,! h" ,r*,er!y !* a ,r".a!e ,ar!y. I/ y*( 'ere !he -(dge5 h*' '*(ld y*( de#"de !he #a e0 1:34 SUGGESTED ANSWER: If I were the udge, I would decide the case in fa!our of %/+. +s to the question of whether or not the property, which poses no blight or health problem, could be ta5en, the answer is yes. In the exercise of the power of eminent domain, the state does not concern itself with whether the property is noxious or not. The only requisites to consider are that the ta5ing of pri!ate property is necessary for public use and that the same is done with payment of ust compensation. +s to the question of whether the property is condemned for a pri!ate purpose, the answer is no. Bnder the expanded concept, public use is no longer confined to direct benefit to a large number of people but also indirect public benefit or ad!antage, including in particular urban land reform and housing (+ssociation of 1mall Aandowners in the .hilippines, Inc. !s. 1ecretary of +grarian $eform, #.$. %o. 2:23), "uly &3, &(:(-. 1uggested answers from the =ar 7xams >orum. 7;7 Ha."%g re#e".ed !", !he a##( ed 'a ell"%g %ar#*!"# 5 !'* ,*l"#e *//"#er /*r#ed *,e% !he d**r */ h" r**&. ?"%d"%g h"& "!!"%g ,ar!ly dre ed *% !he "de */ !he )ed5 !he *//"#er ,"ed !'* #a, (le *% a %"gh! !a%d )e "de !he )ed. Whe% a $ed5 6 Are !he e y*(r 065 !he a##( ed e"<ed !he #a, (le a%d ,(! !he& "%

h" &*(!h. A !r(ggle e% (ed5 "% !he #*(r e */ 'h"#h !he *//"#er ,*(%#ed *% !he a##( ed5 !**$ h"& !* a h* ,"!al 'here a! !he"r d"re#!"*%5 a d*#!*r /*r#ed a% e&e!"# *l(!"*% !h*(gh a !()e "%!* !he a##( ed@ !*&a#h aga"% ! h" '"ll. Th" ,r*#e "%d(#ed .*&"!"%g. I% !he .*&"!ed &a!!er 'ere /*(%d !'* #a, (le 'h"#h ,r*.ed !* #*%!a"% her*"%. I% !he #r"&"%al #a e5 !he #h"e/ e."de%#e aga"% ! !he a##( ed 'a !he !'* #a, (le . a. A #*(% el /*r !he a##( ed5 'ha! #*% !"!(!"*%al r"gh! '"ll y*( "%.*$e "% h" de/e% e0 1A34 ). H*' h*(ld !he #*(r! de#"de !he #a e0 1234 SUGGESTED ANSWER: a. +s counsel for the accused, the constitutional rights I will in!o5e in his defense are his (&- right to be secure in their persons, houses, papers and effects against unreasonable searches and sei@ures, ()- his right to be informed of his right to remain silent and to ha!e competent and independent counsel, preferably of his own choice, and ('- his right against the use of torture, !iolence, force, intimidation, or any other means that !itiate the free will. +s a rule, a search or arrest is illegal if it is not under authority of a warrant. Chether or not the case falls under the exceptions to the requirement of a warrant, the prosecution has the burden to pro!e the same. The custodial rights of the accused were also !iolated because at the time the police officers questioned him about the capsules, he was already effecti!ely under their control and custody. There was no showing that the accused was e!en read his rights under the Miranda Doctrine. +nd finally, the use of an emetic solution by the doctor at the direction of the police officers against the will of the accused, amounted to the use of force that !itiated his free will. b. The court should decide in fa!our of the accused. The police officers were not armed with either a search warrant or a warrant of arrest when they entered. %one of the recogni@ed exceptions are present. The accused was not in flagrante delicto when they caught him. The exception of hot pursuit also does not apply because the twin elements of time and proximity are not present. There was no urgency and the police officers had no personal 5nowledge of the facts and circumstances of the commission of the crime, ha!ing only recei!ed a tip from an anonymous source. +s to the search, it is in!alid. The plain !iew doctrine does not apply because the requisite of prior !alid intrusion is not present. The police officers had no business to be where they were when they made the search. 7!en if there was prior !alid intrusion, the sei@ure could not be ustified as Eplain !iewE because the illegal nature of the capsules was not immediately apparent (.eople !s. #o, #.$. %o. &33;'(, 1ept. &), ),,'-. %either is the case one for search incidental to a lawful arrest. The arrest is not lawful in this case because the police officers were neither armed with a warrant nor is it one co!ered under a !alid warrantless arrest. 1uch being the case, all e!idence obtained by the illegal search is inadmissible in e!idence.

7 ;I 7 The Ph"l",,"%e Na!"*%al P*l"#e 1PNP4 " (ed a #"r#(lar !* all "! &e&)er d"re#!ed a! !he !yle a%d le%g!h */ &ale ,*l"#e *//"#er @ ha"r5 "de)(r% a%d &*( !a#he 5 a 'ell a !he "<e */ !he"r 'a" !l"%e . I! ,r*h")"! )eard 5 g*a!ee a%d 'a" !l"%e *.er 28 "%#he 5 e+#e,! /*r &ed"#al rea *%. S*&e ,*l"#e *//"#er =(e !"*%ed !he .al"d"!y */ !he #"r#(lar5 #la"&"%g !ha! "! ."*la!ed !he"r r"gh! !* l")er!y (%der !he C*% !"!(!"*%. Re *l.e !he #*%!r*.er y. 1:34 SUGGESTED ANSWER: %o person may be depri!ed of his right to life, liberty and property without due process of law. There are two 5inds of due process F procedural and substanti!e. The circular in the present case !iolates the second 5ind. The requisites of substanti!e due process are8 (&- it must be for the purpose of general welfareG and ()the means used to enforce it must be reasonably necessary to accomplish the purpose. In the gi!en situation, the circular is ustified because its purpose is to ensure that police officers are fit and proper to perform their duties and efficiently. /owe!er, a law must not only ha!e a lawful sub ect, the means used must also be lawful. In the gi!en case, the circular tries to address the problem of physical fitness of .%. members by prohibiting waistlines o!er ': inches, except for medical reasons. The implication is that members must start ta5ing care of their body through exercise and proper diet. There is no problem with this. /owe!er, the prohibition of beards and goatees is another matter. There is no causal connection between the means used F the prohibition of beards and goatees F and the purpose of the law F to impro!e the police force. /a!ing a beard or a goatee has nothing at all to do with the tas5 of a policeman to enforce the law. 1uggested answers from the =ar 7xams >orum. 7 ;II 7 BC5 a &a-*r "% !he Ar&ed ?*r#e */ !Che Ph"l",,"%e5 " /a#"%g ,r* e#(!"*% )e/*re !he Reg"*%al Tr"al C*(r! */ Q(e<*% C"!y /*r !he &(rder */ h" %e"gh)*r 'h*& he ( ,e#!ed !* ha.e &*le !ed h" 1BC@ 4 D97year *ld da(gh!er. a. I BC e%!"!led !* )a"l0 Why *r 'hy %*!0 1234 ). A (&e !ha! (,*% )e"%g arra"g%ed5 BC e%!ered a ,lea */ g("l!y a%d 'a all*'ed !* ,re e%! e."de%#e !* ,r*.e &"!"ga!"%g #"r#(& !a%#e . BC !he% !e !"/"ed !* !he e//e#! !ha! he !a))ed !he de#ea ed "% el/7de/e% e )e#a( e !he la!!er 'a !ra%gl"%g h"& a%d !ha! he .*l(%!ar"ly (rre%dered !* !he a(!h*r"!"e . S() e=(e%!ly5 !he !r"al #*(r! re%dered a de#" "*% a#=("!!"%g BC. W*(ld a% a,,eal )y !he ,r* e#(!"*% /r*& !he de#" "*% */ a#=("!!al ."*la!e BC@ r"gh! aga"% ! d*()le -e*,ardy0 Why *r 'hy %*!0 1234 SUGGESTED ANSWER: a. Hes. Bnder the 0onstitution, all persons, except those charged with offenses punishable by reclusion perpetua when e!idence of guilt is strong, shall, before con!iction, be bailable (1ec. &', +rt.

III-. >or as long as the person is under custody of law or is otherwise depri!ed of his liberty, this right is a!ailable. Chile ordinarily, a military man is not entitled to bail when facing charges before the court martial, the present case does not fall under the exception for the reason that "0Is case is prosecuted before a regular court F $egional Trial 0ourt. In this instance, "0 has the right to put up bail and it is ust up to the court to determine whether the e!idence of guilt is strong, in which case a hearing is needed and the prosecution must be allowed to present its e!idence. b. Hes. There is double eopardy when (&- there is a first eopardy which is ()- terminated either by con!iction, acquittal or dismissal other than upon the merits without the express consent of the accused and ('- there is a second eopardy for the same offense. The requisites for first eopardy to attach are as follows8 (&- !alid complaint and information ()- court of competent urisdiction ('- arraignment and !alid plea +ll the requisites of first eopardy are present in the gi!en situation. .ro!ing self<defense later on in the trial did not negate the !alidity of his plea. The fact remains that there was a plea of guilty !alidly entered and it was not deemed withdrawn by pro!ing self<defense. The case was terminated by a udgment of acquittal. +n appeal by the prosecution therefore would constitute a double eopardy. 1uggested answers from the =ar 7xams >orum. 7 ;III 7 ST5 a Reg"*%al Tr"al C*(r! -(dge 'h* /al "/"ed h" Cer!"/"#a!e */ Ser."#e5 'a /*(%d l"a)le )y !he S(,re&e C*(r! /*r er"*( &" #*%d(#! a%d "%e//"#"e%#y5 a%d &e!ed !he ,e%al!y */ ( ,e% "*% /*r& *//"#e /*r : &*%!h . S() e=(e%!ly5 ST /"led a ,e!"!"*% /*r e+e#(!".e #le&e%#y '"!h !he O//"#e */ !he Pre "de%!. The E+e#(!".e Se#re!ary5 a#!"%g *% a"d ,e!"!"*% " (ed a re *l(!"*% gra%!"%g ST e+e#(!".e #le&e%#y. I !he gra%! */ e+e#(!".e #le&e%#y .al"d0 Why *r 'hy %*!0 1:34 SUGGESTED ANSWER: The grant of executi!e clemency is not !alid. Chile the grant of executi!e clemency to any person is discretionary upon the .resident, this power being an executi!e prerogati!e, such power cannot be deemed to include e!en administrati!e cases in!ol!ing members of the udiciary, in !iew of the Doctrine of 1eparation of .owers. %4T78 +ssuming it is !alid, can it be enforced without !iolating the Doctrine of 1eparation of .owersJ 1uggested answers from the =ar 7xams >orum. 7 IE 7 A)d(l ra% a%d '*% "% !he 8ay 200D5 200A a%d 200F ele#!"*% /*r ;"#e7G*.er%*r */ Ta'"7Ta'". A/!er )e"%g ,r*#la"&ed ;"#e7G*.er%*r "% !he

200A ele#!"*% 5 h" *,,*%e%!5 Ghal"l5 /"led a% ele#!"*% ,r*!e ! )e/*re !he C*&&" "*% *% Ele#!"*%. R(l"%g '"!h /"%al!y *% !he ,r*!e !5 !he CO8ELEC de#lared Ghal"l a !he d(ly ele#!ed ;"#e7G*.er%*r !h*(gh !he de#" "*% 'a ,r*&(lga!ed *%ly "% 200F5 'he% A)d(l had /(lly er.ed h" 200A7200F !er& a%d 'a "% /a#! already *% h" 200F720D0 !er& a ;"#e G*.er%*r. a. A)d(l %*' #*% (l! y*( "/ !he #a% !"ll r(% /*r ;"#e7G*.er%*r */ Ta'"7Ta'" "% !he /*r!h#*&"%g 8ay 20D0 ele#!"*% *% !he ,re&" e !ha! he #*(ld %*! )e #*% "dered a ha."%g er.ed a ;"#e7G*.er%*r /r*& 200A7 200F )e#a( e he 'a %*! d(ly ele#!ed !* !he ,* !5 a he a (&ed *//"#e &erely a a ,re (&,!".e '"%%er a%d !ha! ,re (&,!"*% 'a la!er *.er!(r%ed 'he% CO8ELEC de#"ded '"!h /"%al"!y !ha! had l* ! "% !he 8ay 200A ele#!"*% . Wha! '"ll )e y*(r ad."#e0 1234 ). A)d(l al * #*% (l! y*( 'he!her h" ,*l"!"#al ,ar!y #a% .al"dly %*&"%a!e h" '"/e a ()!"!(!e #a%d"da!e /*r ;"#e78ay*r */ Ta'"7 Ta'" "% 8ay 20D0 ele#!"*% "% #a e !he CO8ELEC d" =(al"/"e h"& a%d de%"e d(e #*(r e !* *r #a%#el h" #er!"/"#a!e */ #a%d"da#y "% ."e' */ a /al e &a!er"al re,re e%!a!"*% !here"%. Wha! '"ll )e y*(r ad."#e0 1234 SUGGESTED ANSWER: a. I will ad!ise +bdul that he can no longer run for ?ice<#o!ernor of Tawi<Tawi because to do so would !iolate the three<term limit under the 0onstitution. /is continuous exercise of the functions thereof, from start to finish of the term, should legally be ta5en as ser!ice for a full term in contemplation of the three<term rule, notwithstanding the subsequent nullification of his proclamation. There was actually no interruption or brea5 in the continuity of +bdulIs ser!ice respecting he ),,3< ),,2 term (4ng !s. +legre, #.$. %o. &;')(*, "an. )', ),,;-. b. I will ad!ise him that his political party cannot !alidly nominate his wife as a substitute candidate. There is no rule allowing substitution where a candidate is excluded not only by disqualification but also by denial and cancellation of his certificate of candidacy. + person without a !alid certificate of candidacy cannot be considered a candidate, much the same as one who has no certificate of candidacy is not a candidate. 1ubstitution presupposes that the person to be substituted is a candidate. =ecause +bdul is not a candidate in the sense that he does not ha!e a !alid certificate of candidacy, then it follows that he cannot be substituted (4ng !s. +legre, #.$. %o. &;')(*, "an. )', ),,;-. 1uggested answers from the =ar 7xams >orum. 7E7 The D ! Leg" la!".e D" !r"#! */ S*(!h C*!a)a!* " #*&,* ed */ Ge%eral Sa%!* a%d !hree &(%"#",al"!"e "%#l(d"%g P*l*&*l*$. D(r"%g !he #a%.a "%g ,r*#eed"%g )e/*re !he D" !r"#! B*ard */ Ca%.a er "% #*%%e#!"*% '"!h !he 200F #*%gre "*%al ele#!"*%5 #a%d"da!e 8P *)-e#!ed !* !he #er!"/"#a!e */ #a%.a /*r P*l*&*l*$ *% !he gr*(%d !ha! "!

'a *)."*( ly &a%(/a#!(red5 ()&"!!"%g a e."de%#e !he a//"da."! */ a &ay*ral!y #a%d"da!e */ P*l*&*l*$. The #er!"/"#a!e */ #a%.a /*r Ge%eral Sa%!* 'a l"$e'" e *)-e#!ed !* )y 8P *% !he )a " */ !he #*%/"r&ed re,*r! */ !he l*#al NA8?REL !ha! D0 ele#!"*% re!(r% /r*& %*%7e+" !e%! ,re#"%#! 'ere "%#l(ded "% !he #er!"/"#a!e. 8P &*.ed !ha! !he #er!"/"#a!e */ #a%.a /*r Ge%eral Sa%!* )e #*rre#!ed !* e+#l(de !he re (l! /r*& !he %*%7e+" !e%! ,re#"%#! . The D" !r"#! B*ard */ Ca%.a er de%"ed )*!h *)-e#!"*% a%d r(led !* "%#l(de !he #er!"/"#a!e */ #a%.a . 8ay 8P a,,eal !he r(l"%g !* !he CO8ELEC0 E+,la"%. 1:34 SUGGESTED ANSWER: %o. The case pertains to a pre<proclamation contro!ersy. 1pecifically, it alleges that the certificate of can!ass was ob!iously manufactured and election returns from non<existent precincts were included in the certificate. In a pre<proclamation contro!ersy, the 0omelec, as a rule, is restricted to an examination of the election returns and is without urisdiction to go beyond or behind them and in!estigate election irregularities. =y their !ery nature, pre<proclamation contro!ersies are to be resol!ed in summary proceedings without need to present e!idence aliunde and certainly without ha!ing to go through !oluminous documents and sub ecting them to meticulous technical examinations which ta5e up considerable time (=elac !. 0omelec, #.$. %o. &3*:,), +pril 3, ),,&-. 7DIT8 Chile the 0omelec has exclusi!e urisdiction o!er all pre<proclamation contro!ersies, candidates are prohibited in the presidential, !ice<presidential, senatorial and congressional elections from filing pre<proclamation contro!ersies. The exception to the exception is if the action is one for correction of manifest errors in the certificate of can!ass or election returns e!en in elections for president, !ice< president and members of the /ouse for the simple reason that the correction of manifest error will not prolong the process of can!assing nor delay the proclamation of the winner in the election (1ando!al !s. 0omelec, #.$. %o. &'':3), "an. )*, ),,,-. =ut this is not present in the gi!en case. M. based his ob ections to the certificate of can!ass on e!idence aliunde << i.e. affida!it of the mayoralty candidate and report from the %+M>$7A. 4b!iously, the error is not manifest on the election returns. Therefore, appeal to the 0omelec will not lie. 7 EI 7 O% A(g( ! 85 2008 !he G*.er%*r */ B*h*l d"ed a%d ;"#e7G*.er%*r Ce ar (##eeded h"& )y *,era!"*% */ la'. A##*rd"%gly5 Be%"!*5 !he h"ghe ! ra%$"%g &e&)er */ !he Sa%gg(%"a%g Pa%lala'"ga% 'a ele.a!ed !* !he ,* "!"*% */ ;"#e7G*.er%*r. By !he ele.a!"*% */ Be%"!* !* !he *//"#e */ ;"#e7G*.er%*r5 a .a#a%#y "% !he Sa%gg(%"a%g Pa%lala'"ga% 'a #rea!ed. H*' h*(ld !he .a#a%#y )e /"lled0 1234 1ee 1ec. 3*, A#0 1uggested answer from the =ar 7xams >orum. 7 EII 7

The 8ay*r */ Sa% B* e C"!y a,,*"%!ed h" '"/e5 A&el"a5 a C"!y Trea (rer /r*& a&*%g !ree 124 e&,l*yee */ !he #"!y #*% "dered /*r !he a"d ,* "!"*%. Pr"*r !* a"d ,r*&*!"*%5 A&el"a had )ee% a% A " !a%! C"!y Trea (rer /*r !e% 1D04 year 5 !ha! " 5 e.e% )e/*re he &arr"ed !he C"!y 8ay*r. Sh*(ld !he C"."l Ser."#e C*&&" "*% a,,r*.e !he ,r*&*!"*%al a,,*"%!&e%! */ A&el"a0 Why *r 'hy %*!0 1:34 1uggested answer from the =ar 7xams >orum. 7 EIII 7 C*%gre e%a#!ed a la' e !a)l" h"%g !he r"gh! !* !r"al )y -(ry */ a% a##( ed #harged '"!h a /el*%y *r *//e% e ,(%" ha)le '"!h re#l( "*% ,er,e!(a *r l"/e "&,r" *%&e%!. The la' ,r*."de /*r !he =(al"/"#a!"*% */ ,r* ,e#!".e -(ry &e&)er5 !he g("del"%e !* )e *) er.ed )y !he -(dge a%d !he la'yer "% -(ry ele#!"*% "%#l(d"%g !he gr*(%d /*r #halle%g"%g !he ele#!"*% */ -(ry &e&)er5 a%d !he &e!h*d*l*gy /*r -(ry del")era!"*% . I !he la' #*% !"!(!"*%al0 E+,la"% /(lly. 1F34 SUGGESTED ANSWER: %o. The law encroaches upon the power of the udiciary to settle contro!ersies. The 0onstitution pro!ides that the udicial power shall be !ested in one 1upreme 0ourt and in such lower courts as may be established by law (1ec. &, +rt. ?III-. + ury is a body of peers that determines questions of facts. Determination of questions of facts is part of udicial power. Chile 0ongress has the power to define, prescribe, and apportion the urisdiction of the !arious courts (1ec. ), +rt. ?III-, it cannot allocate udicial power to a ury, which is not a court. #ranting arguendo, that a ury is a court, 0ongress has no power to prescribe for the qualification of prospecti!e ury members as well as guidelines to be obser!ed by the udge and the lawyers in ury selection. 1ection ), +rticle ?III specifically states that the 1upreme 0ourt cannot be depri!ed of its urisdiction o!er cases enumerated in 1ection * of the same +rticle, among which, is the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts. 1uggested answers from the =ar 7xams >orum. 7 EI; 7 I% DH:25 #*%gre ,a ed a la' #rea!"%g a g*.er%&e%!7*'%ed #*r,*ra!"*% %a&ed 8a%"la War 8e&*r"al C*&&" "*% 18W8C45 '"!h !he ,r"&ary /(%#!"*% */ *.er ee"%g !he #*% !r(#!"*% */ a &a ".e &e&*r"al "% !he hear! */ 8a%"la !* #*&&e&*ra!e ."#!"& */ !he DHA9 Ba!!le */ 8a%"la The 8W8C #har!er ,r*."ded a% "%"!"al a,,r*,r"a!"*% */ PD500050005 e&,*'ered !he #*r,*ra!"*% !* ra" e /(%d "% "! *'% %a&e5 a%d e! a "de a ,ar#el */ la%d "% 8ala!e /*r !he &e&*r"al "!e. The #har!er e! !he #*r,*ra!e l"/e */ 8W8C a! 90 year '"!h a ,r*." * !ha! C*%gre &ay %*! a)*l" h 8W8C (%!"l a/!er !he #*&,le!"*% */ !he &e&*r"al.

?*r!y7/".e 1A94 year la!er5 !he &e&*r"al 'a *%ly DI2 #*&,le!e a%d !he &e&*r"al "!e "! el/ had l*%g )ee% *.err(% )y =(a!!er . C*%gre e%a#!ed a la' a)*l" h"%g !he 8W8C a%d re=("r"%g !ha! !he /(%d ra" ed )y "! )e re&"!!ed !* !he Na!"*%al Trea (ry. The 8W8C #halle%ged !he .al"d"!y */ !he la'5 arg("%g !ha! (%der "! #har!er "! &a%da!e " !* #*&,le!e !he &e&*r"al %* &a!!er h*' l*%g "! !a$e . De#"de '"!h rea *%. 1:34 SUGGESTED ANSWER: It is a basic principle in administrati!e law that the power to create necessarily includes the power to destroy. MCM0 was created by a law passed by 0ongress in &(;'. It cannot be disputed therefore that as MCM0 was created by law, it can be abolished by the legislature. This is not withstanding the pro!ision in its charter that it shall not be abolished until after the completion of the memorial. The power to abolish is inherent in the power to create. This is especially true when the purpose for which the office was created has not been accomplished despite the lapse of many years. The legislature may exercise its inherent power to destroy an office, which it created in the first place, if only for the greater good of reducing waste in go!ernment. 1uggested answers from the =ar 7xams >orum. 7 E; 7 The ,r"%#",al */ Bae%a H"gh S#h**l5 a ,()l"# #h**l 'r*!e a le!!er !* !he ,are%! a%d g(ard"a% */ all !he #h**l@ ,(,"l 5 "%/*r&"%g !he& !ha! !he #h**l 'a '"ll"%g !* ,r*."de rel"g"*( "% !r(#!"*% !* "! Ca!h*l"# !(de%! d(r"%g #la h*(r 5 !hr*(gh a Ca!h*l"# ,r"e !. H*'e.er5 !(de%! 'h* '" hed !* a.a"l */ (#h rel"g"*( "% !r(#!"*% %eeded !* e#(re !he #*% e%! */ !he"r ,are%! a%d g(ard"a% "% 'r"!"%g. a. D*e !he *//er ."*la!e !he #*% !"!(!"*%al ,r*h")"!"*% aga"% ! !he e !a)l" h&e%! */ rel"g"*%0 1234 ). The ,are%! */ e.a%gel"#al Chr" !"a% !(de%! 5 (,*% lear%"%g */ !he *//er5 de&a%ded !ha! !hey !** )e e%!"!led !* ha.e !he"r #h"ldre% "% !r(#!ed "% !he"r *'% rel"g"*( /a"!h d(r"%g #la h*(r . The ,r"%#",al5 a de.*(! Ca!h*l"#5 re-e#!ed !he re=(e !. A #*(% el /*r !he ,are%! */ !he e.a%gel"#al !(de%! 5 h*' '*(ld y*( arg(e "% (,,*r! */ !he"r ,* "!"*%0 1234 SUGGESTED ANSWER: a. %o. 4ptional religious instruction is one of the exceptions to the non<establishment of religion recogni@ed under the 0onstitution itself. >or this exception to be !alid, the following requisites must concur8 (&- written consent of the parents or guardians must be securedG (b- it must be done within school hoursG and ('- it must be at no additional cost to the #o!ernment. >or as long as these requisites are present, then it is !alid (1ec. '('-, +rt. KI?-. b. +s counsel for the parents of the e!angelical students, I would in!o5e the right to equal protection under the laws. The act of the principal in re ecting the request is unreasonably discriminatory. /e has no right to draw a distinction between 0atholics and

7!angelical 0hristians when it comes to granting optional religious instruction because the 0onstitution itself does not ma5e such classification. >or as long as the requisites for optional religious instruction to be allowed are present, then there is no reason not to allow the same, regardless of the particular religious denomination in!ol!ed. 1uggested answers from the =ar 7xams >orum. 7 E;I 7 Na!"*%'"de ,r*!e ! ha.e er(,!ed *.er r" "%g ga ,r"#e 5 "%#l(d"%g d" r(,!".e de&*% !ra!"*% "% &a%y (%".er "!"e !hr*(gh*(! !he #*(%!ry. The 8e!r* 8a%"la S!a!e U%".er "!y5 a ,()l"# (%".er "!y5 ad*,!ed a (%".er "!y7'"de #"r#(lar ,r*h")"!"%g ,()l"# &a de&*% !ra!"*% a%d rall"e '"!h"% !he #a&,( . O//e%ded )y !he #"r#(lar5 &"l"!a%! !(de%! ,read '*rd !ha! *% !he /*ll*'"%g ?r"day5 all !(de%! 'ere !* 'ear )la#$ T7 h"r! a a y&)*l */ !he"r ,r*!e ! )*!h aga"% ! h"gh ga ,r"#e a%d !he (%".er "!y )a% *% de&*% !ra!"*% . The e//*r! 'a *%ly &*dera!ely (##e /(l5 '"!h ar*(%d 203 */ !he !(de%! heed"%g !he #all. N*%e!hele 5 (%".er "!y *//"#"al 'ere *(!raged a%d #*&,elled !he !(de%! leader !* e+,la"% 'hy !hey h*(ld %*! )e e+,elled /*r ."*la!"%g !he #"r#(lar aga"% ! de&*% !ra!"*% . The !(de%! leader a,,r*a#hed y*( /*r legal ad."#e. They #*%!e%ded !ha! !hey h*(ld %*! )e e+,elled "%#e !hey d"d %*! ."*la!e !he #"r#(lar5 !he"r ,r*!e ! a#!"*% )e"%g %e"!her a de&*% !ra!*r %*r a rally "%#e all !hey d"d 'a 'ear )la#$ T7 h"r! . Wha! '*(ld y*( ad." e !he !(de%! 0 1:34 SUGGESTED ANSWER: The wearing of blac5 shirts is an exercise of freedom of expression and not necessarily freedom of assembly. $egardless of the distinction, in both cases, the 0onstitutional guaranty includes freedom from prior restraint and freedom from subsequent liability. There are three tests to determine whether or not there was !alid go!ernment interference8 (&dangerous tendency ruleG ()- balancing of interest testG and ('- clear and present danger test. In the .hilippine urisdiction, we adhere to the clear and present danger test (+=1<0=% =roadcasting 0orp. !s. 0omelec, #.$. %o. &''3:;, "an. ):, ),,,-. This test simply means that there is clear and present danger of a substanti!e e!il which the 1tate has the right to pre!ent. +pplying the clear and present danger test, the protest conducted by the students was only moderately successful and the wearing of blac5 shirts was neither tumultuous nor disrupti!e. Thus, the substanti!e e!il which the school authorities were trying to suppress did not e!en occur. Therefore, the prohibition imposed by the circular !iolates freedom from prior restraint while the threat of expulsion by the school authorities !iolates freedom from subsequent liability. 177 +A148 Bni!ersity of 1an 0arlos case. 7 E;II 7

A a rea#!"*% !* !he r"#e h*r!age a%d !he dear!h */ &"%"%g e%g"%eer 5 C*%gre ,a ed a la' re=("r"%g grad(a!e */ ,()l"# #"e%#e h"gh #h**l he%#e/*r!h !* !a$e (, agr"#(l!(re *r &"%"%g e%g"%eer"%g a !he"r #*llege #*(r e. Se.eral !(de%! ,r*!e !ed5 "%.*$"%g !he"r /reed*& !* #h** e !he"r ,r*/e "*%. I !he la' #*% !"!(!"*%al0 1:34 SUGGESTED ANSWER: %o. The law unreasonably restricts free access to education by all citi@ens. More specifically, it !iolates the right of the students to select a profession or course of study. The only restriction to this right is fair, reasonable and equitable admission and academic requirements. 1uch a restriction can only

be raised by the academe exercising its own right to academic freedom, and not by the go!ernment (+rticle KI?-. %4T78 +re the pro!isions under this article self< executingJ +s a rule, 0onstitutional pro!isions are deemed self<executing, with some exceptions li5e +rticle II which are mere declaration of policies and principles. Is the law a !alid exercise of police power by the 1tateJ If so, was there proper obser!ance of due process, both procedural and substanti!eJ 177 +A148 7ducation +ct of &(:( NOTHING ?OLLOWS.