BAR EXAMINATION 2006

POLITICAL AND PUBLIC INTERNATIONAL LAW

- I -
1. What do you mean by the "Calling-out Power" of the President under Section 18, rticle !II of the Constitution" #$
%. &n 'ebruary %(, %))*, President +loria ,aca-agal-rroyo issued Proclamation .o.1)1/ declaring a state of national
emergency. Is this Proclamation constitutional" 01-lain. %.#$
2. 3uring the effecti4ity of this Proclamation, +ener, 5ito, and 6ong were arrested by the -olice for acts of terrorism. Is the
arrest legal" 01-lain. %.#$
- II -
7he Samahan .g ,ga ,ahihira- 8S,9 filed with the &ffice of the City ,ayor" of ,anila an a--lication for a -ermit to hold a rally on
,endiola Street on Se-tember #, %))* from 1):)) a.m. to 2:)) -.m. to -rotest the -olitical ;illings of <ournalists. =owe4er, the City
,ayor denied their a--lication on the ground that a rally at the time and -lace a--lied for will bloc; the traffic in the San ,iguel and
>uia-o 3istricts. =e suggested the 5iwasang 6onifacio, which has been designated a 'reedom Par;, as 4enue for the rally.
1. 3oes the S, ha4e a remedy to contest the denial of its a--lication for a -ermit" %.#$
%. =ow should a wage distortion be settled"
2. 3oes the a4ailability of a 'reedom Par; <ustify the denial of S,?s a--lication for a -ermit" %.#$
(. ssuming that des-ite the denial of S,?s a--lication for a -ermit, its members hold a rally, -rom-ting the -olice to arrest
them. ?- re the arrests without <udicial warrants lawful" %.#$
- III -
7he President issued Proclamation .o.1)18 -lacing the Phili--ines under ,artial 5aw on the ground that a rebellion staged by
lawless elements is endangering the -ublic safety .Pursuant to the Proclamation, sus-ected rebels were arrested and detained and
military tribunals were set u- to try them. @obert dela CruA, a citiAen, filed with the Su-reme Court a -etition Buestioning the 4alidity
of Proclamation .o.1)18.
1. 3oes @obert ha4e a standing to challenge Proclamation .o.1)18" 01-lain. %.#$
%. In the same suit, the Solicitor +eneral contends that under the Constitution, the President as Commander-in-Chief,
determines whether the e1igency has arisen reBuiring the e1ercise of his -ower to declare ,artial 5aw and that his
determination is conclusi4e u-on the courts. =ow should the Su-reme Court rule" %.#$
2. 7he Solicitor +eneral argues that, in any e4ent, the determination of whether the rebellion -oses dangers to -ublic safety
in4ol4es a Buestion of fact and the Su-reme Court is not a trier of facts. What should be the ruling of the Court" %.#$
(. 'inally, the Solicitor +eneral maintains that the President re-orted to Congress such -roclamation of ,artial 5aw, but
Congress did not re4o;e the -roclamation. What is the effect of the inaction of Congress on the suit brought by @obert to
the Su-reme Court" %.#$
- I! -
State whether or not the following laws are constitutional. 01-lain briefly.
1. law -rohibiting Chinese citiAens from engaging in retail trade. %$
%. law denying -ersons charged with crimes -unishable by reclusion perpetua or death the right to bail. %$
2. law fi1ing the terms of local electi4e officials, other than barangay officials, to * years. %$
(. law changing the design of the Phili--ine flag. %$
#. law creating a state cor-oration to e1-loit, de4elo-, and utiliAe com-ressed natural gas. %$
- ! -
1. What is the function of the Senate 0lectoral 7ribunal and the =ouse of @e-resentati4es 0lectoral 7ribunal" %.#$
%. What is the com-osition of each" %.#$
2. 3ifferentiate an election -rotest from an action for Buo warranto. %.#$
(. What is a Buasi-<udicial body or agency" %.#$
- !I -
1. a9 What is the -rinci-al identifying feature of a -residential form of go4ernment" 01-lain. %.#$
b9 What are the essential characteristics of a -arliamentary form of go4ernment" %.#$
%. What Constitutional -ro4isions institutionaliAe the -rinci-le of ci4ilian su-remacy" %.#$
2. 3oes a Permit to Carry 'irearm &utside @esidence 8P7C'&@9 constitute a -ro-erty right -rotected by the Constitution"
%.#$
- !II -
Select the best answer and e1-lain.
1. n accused?s right against self-incrimination is 4iolated in the following cases: #$
a. When he is ordered by the trial court to undergo a -araffin test to -ro4e he is guilty of murderC
b. When he is com-elled to -roduce his ban;boo;s to be used as e4idence against his father charged with -lunderC
c. When he is ordered to -roduce a sam-le of his handwriting to be used as e4idence that he is the author of a
letter wherein he agreed to ;ill the 4ictimC
d. When the -resident of a cor-oration is sub-oenaed to -roduce certain documents as -roofs he is guilty of illegal
recruitment.
%. 7he legislature may abolish this body: #$
a. Commission on --ointments
b. &mbudsman
c. Dudicial and 6ar Council
d. Court of 7a1 --eals
e. Commission on udit
- !III -
1. tty. 0mily +o, a legitimate daughter of a Chinese father and a 'ili-ino mother, was born in 1E(#. t %1, she elected
Phili--ine citiAenshi- and studied law. She -assed the bar e1aminations and engaged in -ri4ate -ractice for many years.
7he Dudicial and 6ar Council nominated her as a candidate for the -osition of ssociate Dustice of the Su-reme Court. 6ut
her nomination is being contested by tty .Duris Castillo, also an as-irant to the -osition. She claims that tty. 0mily +o is
not a natural-born citiAen, hence, not Bualified to be a--ointed to the Su-reme Court. Is this contention correct" #$
%. tty. @ichard Chua was born in 1E*(. =e is a legitimate son of a Chinese father and a 'ili-ino mother. =is father became a
naturaliAed 'ili-ino citiAen when tty .Chua was still a minor . 04entually, he studied law and was allowed by the Su-reme
Court to ta;e the bar e1aminations, sub<ect to his submission to the Su-reme Court -roof of his Phili--ine citiAenshi-.
lthough he ne4er com-lied with such reBuirement, tty. Chua -racticed law for many years until one .oel 0ugenio filed
with the Su-reme Court a com-laint for disbarment against him on the ground that he is not a 'ili-ino citiAen. =e then filed
with the 6ureau of Immigration an affida4it electing Phili--ine citiAenshi-. .oel contested it claiming it was filed many years
after tty. Chua reached the age of ma<ority. Will tty. Chua be disbarred" 01-lain. #$
- IF -
1. Where is the seat of the International Court of Dustice" 1$
%. =ow many are its members" 1 $
2. What is the term of their office" 1 $
(. Who is its incumbent -resident" 1 $
#. What is hisGher nationality" 1 $
*. In 1E8), the Hnited States filed with the International Court of Dustice a com-laint against Iran alleging that the latter is
detaining merican di-lomats in 4iolation of International 5aw. 01-lain how the International Court of Dustice can acBuire
<urisdiction o4er these contending countries. #$
- F -
1. =ow is state so4ereignty defined in International 5aw" %.#$
%. Is state so4ereignty absolute" %.#$
2. What is the -rinci-le of auto-limitation" %.#$
(. What is the relationshi- between reci-rocity and the -rinci-le of auto-limitation" %.#$
NOTHING FOLLOWS.