1997 Bar Exam Questions in Political and International Law

1. What do you understand by the "Doctrine of Incorporation” in Constitutional Law?

2. The Sangguniang Panlungsod of Manila approved an ordinance (No. 1000) prohibiting the
operation in the streets within the city limits of taxicab units over eight years old (from year of
manufacture). The imposable penalty for violation thereof is a fine of P4,000.00 or
imprisonment for one year upon the erring operator.

Thereafter and while the city ordinance was already in effect, Congress enacted a law (Republic
Act No. 500) prohibiting the operation in the streets of cities throughout the country of taxicab
units beyond ten years old. The imposable penalty for violation thereof is the same as in
Ordinance No. 1000.

A, an owner/operator of a taxicab unit operating in the City of Manila, was charged with
violation of the city ordinance. Upon arraignment, he pleaded not guilty; whereupon, trial was
set five days thereafter. For failure of the witnesses to appear at the trial, the City Court
dismissed the case against A.

The City Prosecutor of Manila forthwith filed another information in the same court charging A
with violation of Republic Act No. 500 for operating the taxicab unit subject of the information in
the first case.

The accused moved to dismiss the second case against him invoking double jeopardy.

How would you rule on A’s motion if you were the Judge?

3. Are government-owned or controlled corporations within the scope and meaning of the
“Government of the Philippines”?

4. Upon request of a group of overseas contract workers in Brunei, Rev. Father Juan de la Cruz, a
Roman Catholic priest, was sent to that country by the President of the Philippines to minister to
their spiritual needs. The travel expenses, per diems, clothing allowance and monthly stipend of
P5,000.00 were ordered charged against the President’s discretionary fund. Upon post audit of
the vouchers therefor, the Commission on Audit refused approval thereof claiming that the
expenditures were in violation of the Constitution.

Was the Commission on Audit correct in disallowing the vouchers in question?

5. To what extent, if at all, has the 1987 Constitution affected the “political question doctrine”?
6. It is said that "waiver of immunity by the State does not mean a concession of its liability”. What
are the implications of this phrase?

7. A month before a forthcoming election, “A” one of the incumbent Commissioners of the
Commission on Elections, died while in office and “B”, another Commissioner, suffered a severe
stroke. In view of the proximity of the elections and to avoid paralyzation in the Commission on
Elections, the President who was not running for any office, appointed Commissioner C of the
Commission on Audit, who was not a lawyer but a certified public accountant by profession, ad
interim Commissioner to succeed Commissioner A and designated, by way of a temporary
measure, Associate Justice D of the Court of Appeals as acting Associate Commissioner during
the absence of Commissioner B.

Did the President do the right thing in extending such ad interim appointment in favor of
Commissioner C and designating Justice D acting Commissioner of the Commission on Elections?

8. About a hundred people occupied a parcel of land in Quezon City belonging to the city
government and built shanties thereon which they utilized for dwelling, sari-sari stores, etc. The
City Mayor issued an order directing the occupants to vacate the structures within five days
from notice, otherwise they would be evicted and relocated and their shanties removed, in
order that the parcel of land could be converted into a park for public use and enjoyment.

The inhabitants of the parcel of land complained to the Commission on Human Rights urging
that the Mayor of Quezon City be stopped from doing what he has threatened to do.

The Commission on Human Rights, after conducting an investigation and finding that the
shanties of petitioners were already being demolished by then, ordered the Quezon City Mayor
and persons implementing his order to cease and desist from demolishing petitioners’ shanties
under pain of contempt.

What have you to say on the validity of the actuation of the Commission on Human Rights in
relation to that of the Quezon City Mayor?

9.  Due to over-crowding in the public market in Paco, Manila, the City Council passed an
ordinance allowing the lease to vendors of parts of the streets where the public market is
located, provided that the lessees pay to the city government a fee of P50.00 per square meter
of the area occupied by the lessees. The residents in the area complained to the Mayor that the
lease of the public streets would cause serious traffic problems to them. The Mayor cancelled
the lease and ordered the removal of the stalls constructed on the streets.

Was the act of the Mayor legal?

10. A, while on board a passenger jeep one night, was held up by a group of three teenagers who
forcibly divested her of her watch, necklace and wallet containing P100.00. That done, the trio
jumped off the passenger jeep and fled.

B, the jeep driver, and A complained to the police to whom they gave description of the culprits.
According to the jeep driver, he would be able to identify the culprits if presented to him. Next
morning A and B were summoned to the police station where five persons were lined up before
them for identification. A and B positively identified C and D as the culprits.

After preliminary investigation, C and D and one John Doe were charged with robbery in an
information filed against them in court. C and D set up, in defense, the illegality of their
apprehension, arrest and confinement based on the identification made of them by A and B at a
police line-up at which they were not assisted by counsel.

How would you resolve the issues raised by C and D?

11. During a period of national emergency, Congress may grant emergency powers to the President.
State the conditions under which such a vesture is allowed.

12. Section 28, Title VI, Chapter 9, of the Administrative Code of 1987 requires all educational
institutions to observe a simple and dignified flag ceremony, including the playing or singing of
the Philippine National Anthem, pursuant to rules to be promulgated by the Secretary of
Education, Culture and Sports. The refusal of a teacher, student or pupil to attend or participate
in the flag ceremony is a ground for dismissal after due investigation. The Secretary of
Education, Culture and Sports issued a memorandum implementing said provision of law. As
ordered, the flag ceremony would be held on Mondays at 7:30 a.m. during class days.

A group of teachers, students and pupils requested the Secretary that they be exempted from
attending the flag ceremony on the ground that attendance thereto was against their religious
belief. The Secretary denied the request. The teachers, students and pupils concerned went to
Court to have the memorandum circular declared null and void.

Decide the case.

13. Upon complaint of the incumbent President of the Republic, “A” was charged with libel before
the Regional Trial Court. “A” moved to dismiss the information on the ground that the Court had
no jurisdiction over the offense charged because the President, being immune from suit, should
also be disqualified from filing a case against “A" in court.

Resolve the motion.

14. a) When may the privilege of the writ of habeas corpus be suspended?
 (b) If validly declared, what would be the full consequences of such suspension?

15. Governor A was charged administratively with oppression and was placed under preventive
suspension from office during the pendency of his case. Found guilty of the charge, the
President suspended him from office for ninety days. Later, the President granted him clemency
by reducing the period of his suspension to the period he has already served. The Vice-Governor
questioned the validity of the exercise of executive clemency on the ground that it could be
granted only in criminal, not administrative, cases.

How should the question be resolved?

16. A, while serving imprisonment for estafa, upon recommendation of the Board of Pardons and
Parole, was granted pardon by the President on condition that he should not again violate any
penal law of the land. Later, the Board of Pardons and Parole recommended to the President
the cancellation of the pardon granted him because A had been charged with estafa on 20
counts and was convicted of the offense charged although he took an appeal therefrom which
was still pending. As recommended, the President canceled the pardon he had granted to A. A
was thus arrested and imprisoned to serve the balance of his sentence in the first case. A
claimed in his petition for habeas corpus filed in court that his detention was illegal because he
had not yet been convicted by final judgment and was not given a chance to be heard before he
was recommitted to prison.

Is A’s argument valid?

17. State how (a) pre-proclamation controversies, on the one hand, and (b) election protests, on the
other, are initiated, heard and finally resolved.

18. A, while an incumbent Governor of his province, was invited by the Government of Cambodia as
its official guest. While there, the sovereign king awarded Governor A with a decoration of
honor and gifted him with a gold ring of insignificant monetary value, both of which he
accepted.

Was Governor A’s acceptance of the decoration and gift violative of the Constitution?

19. X, a Secretary and Consul in the American Embassy in Manila, bought from B a diamond ring in
the amount of P50,000.00 which he later gave as a birthday present to his Filipino girlfriend. The
purchase price was paid in check drawn upon the Citibank. Upon presentment for payment, the
check was dishonored for insufficiency of funds. Because of X's failure to make good the
dishonored check, B filed a complaint against X in the Office of the City Prosecutor of Manila for
violation of Batas Pambansa Big. 22. After preliminary investigation, the information was filed
against X in the City Court of Manila. X filed a motion to dismiss the case against him on the
 ground that he is a Secretary and Consul in the American Embassy enjoying diplomatic immunity
from criminal prosecution in the Philippines.

If you were the Judge, how would you resolve the motion to dismiss?

20. State the various modes of, and steps in, revising or amending the Philippine Constitution.