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2009 B ar Exam inations Labor A nd Social

Legislation (/bar-exam in atio ns/bar-q uestio ns
/92-2009-bar-exam -que stio ns/1258-2009-
bar-exam in atio ns-labor- an d-social-
legislation .htm l )

Details
Category: 2009 Bar Exam Questions (/bar-examinations/bar-questions/92-2009-
bar-exam-questions.html)

2009 BAR EXAM IN ATIO N S LABO R AN D

SO CIAL LEG ISLATIO N
06 Septem ber 2009 2 P .M . – 5 P.M .
PART I

I
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is
false. Explain your answer in not more
than two (2) sentences. (5%)

[a] An employment contract prohibiting employment in a competing company within

one year from separation is valid.
[b] All confidential employees are disqualified to unionize for the purpose of collective
bargaining.
[c] A runaway shop is an act constituting unfair labor practice.
[d] In the law on labor relations, the substitutionary doctrine prohibits a new collective
bargaining agent from repudiating an
existing collective bargaining agreement.
[e] The visitorial and enforcement powers of the DOLE Regional Director to order and
enforce compliance with labor
standard laws can be exercised even when the individual claim exceeds P5,000.00.

II
[a] Enumerate at least four (4) policies enshrined in Section 3, Article XIII of the
Constitution that are not covered by Article 3 of the Labor Code on declaration of
basic policy. (2%)
[b] Clarito, an employee of Juan, was dismissed for allegedly stealing Juan’s
wristwatch. In the illegal dismissal case instituted
by Clarito, the Labor Arbiter, citing Article 4 of the Labor Code, ruled in favor of Clarito
upon finding Juan’s testimony doubtful.

On appeal, the NLRC reversed the Labor Arbiter holding that LABOR AND SOCIAL
LEGISLATION Page 2 of 12
Article 4 applies only when the doubt involves “implementation and interpretation” of
the Labor Code provisions. The NLRC
explained that the doubt may not necessarily be resolved in favor of labor since this
case involves the application of the Rules on Evidence, not the Labor Code. Is the
NLRC correct? Reasons. (3%)

III
Richie, a driver-mechanic, was recruited by Supreme Recruiters (SR) and its principal,
Mideast Recruitment Agency (MRA), to work in Qatar for a period of two (2) years.
However, soon after the contract was approved by POEA, MRA advised SR
to forego Richie’s deployment because it had already hired another Filipino driver-
mechanic, who had just completed his contract in Qatar. Aggrieved, Richie filed with
the NLRC a complaint against SR and MRA for damages corresponding to his two
years’ salary under the POEA-approved contract. SR and MRA traversed Richie’s
complaint, raising the following arguments:

[a] The Labor Arbiter has no jurisdiction over the case; (2%)
[b] Because Richie was not able to leave for Qatar, no employer-employee relationship
was established between them;
(2%) and
[c] Even assuming that they are liable, their liability would, at most, be equivalent to
Richie’s salary for only six (6) months,
not two years. (3%).

Rule on the validity of the foregoing arguments with reasons.

LABOR AND SOCIAL LEGISLATION Page 3 of 12

IV
Diosdado, a carpenter, was hired by Building Industries Corporation (BIC), and
assigned to build a small house in Alabang.
His contract of employment specifically referred to him as a “project employee,”
although it did not provide any particular date of completion of the project.

Is the completion of the house a valid cause for the termination of Diosdado’s
employment? If so, what are the due
process requirements that the BIC must satisfy? If not, why not? (3%)

V
[a] Baldo was dismissed from employment for having been absent without leave
(AWOL) for eight (8) months. It turned out that the reason for his absence was his
incarceration after he was mistaken as his neighbor’s killer. Eventually acquitted and
released from jail, Baldo returned to his employer and demanded reinstatement and
full backwages. Is Baldo entitled to
reinstatement and backwages? Explain your answer. (3%)
[b] Domingo, a bus conductor of San Juan Transportation Company, intentionally did
not issue a ticket to a female passenger, Kim, his long-time crush. As a result,
Domingo was dismissed from employment for fraud or willful breach of trust.
Domingo contests his dismissal, claiming that he is not a confidential employee and,
therefore, cannot be dismissed from the
service for breach of trust. Is Domingo correct? Reasons. (2%)

LABOR AND SOCIAL LEGISLATION Page 4 of 12

VI
Albert, a 40-year old employer, asked his domestic helper, Inday, to give him a private
massage. When Inday refused, Albert
showed her Article 141 of the Labor Code, which says that one of the duties of a
domestic helper is to minister to the employer’s personal comfort and convenience.

[a] Is Inday’s refusal tenable? Explain. (3%)

[b] Distinguish briefly, but clearly, a “househelper” from a “homeworker.” (2%)

VII
Johnny is the duly elected President and principal union organizer of the
Nagkakaisang Manggagawa ng Manila
Restaurant (NMMR), a legitimate labor organization. He was unceremoniously
dismissed by management for spending virtually
95% of his working hours in union activities. On the same day Johnny received the
notice of termination, the labor union went on strike.
Management filed an action to declare the strike illegal, contending that:
[a] The union did not observe the “cooling-off period” mandated by the Labor Code;
(2%) and
[b] The union went on strike without complying with the strike-vote requirement under
the Labor Code. (2%)
Rule on the foregoing contentions with reasons.

LABOR AND SOCIAL LEGISLATION Page 5 of 12

[c] The Labor Arbiter found management guilty of unfair labor practice for the
unlawful dismissal of Johnny. The decision
became final. Thereafter, the NMMR filed a criminal case against the Manager of Manila
Restaurant. Would the Labor Arbiter’s
finding be sufficient to secure the Manager’s conviction? Why or why not? (2%)

VIII
Alexander, a security guard of Jaguar Security Agency (JSA), could not be given any
assignment because no client would
accept him. He had a face only a mother could love. After six (6) months of being on
“floating” status, Alexander sued JSA for constructive dismissal. The Labor Arbiter
upheld Alexander’s claim of constructive dismissal and ordered JSA to immediately
reinstate Alexander. JSA appealed the decision to the NLRC. Alexander sought
immediate enforcement of the reinstatement order while the appeal was pending. JSA
hires you as lawyer, and seeks your advice on the following:

[a] Because JSA has no client who would accept Alexander, can it still be compelled to
reinstate him pending appeal even if it has posted an appeal bond? (2%)
[b] Can the order of reinstatement be immediately enforced in the absence of a motion
for the issuance of a writ of execution? (2%)
[c] If the order of reinstatement is being enforced, what should JSA do in order to
prevent reinstatement? (2%)
Explain your answers.

LABOR AND SOCIAL LEGISLATION Page 6 of 12

IX
[a] What is wage distortion? Can a labor union invoke wage distortion as a valid
ground to go on strike? Explain. (2%)
[b] What procedural remedies are open to workers who seek correction of wage
distortion? (2%)

X
[a] State briefly the compulsory coverage of the Government Service Insurance Act.
(2%)
[b] Can a member of a cooperative be deemed an employee for purposes of
compulsory coverage under the Social Security
Act? Explain. (2%)

*** END OF PART I ***

LABOR AND SOCIAL LEGISLATION Page 7 of 12
PART II

XI
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is
false. Explain your answer in not more
than two (2) sentences. (5%)

[a] Seafarers who have worked for twenty (20) years on board the same vessel are
regular employees.
[b] Employment of children below fifteen (15) years of age in any public or private
establishment is absolutely prohibited.
[c] Government employees have the right to organize and join concerted mass actions
without incurring administrative
liability.
[d] A waiver of the right to claim overtime pay is contrary to law.
[e] Agency fees cannot be collected from a non-union member in the absence of a
written authorization signed by the
worker concerned.

XII
In her State of the Nation Address, the President stressed the need to provide an
investor-friendly business environment so that the country can compete in the global
economy that now suffers from a crisis bordering on recession. Responding to the call,
Congress passed two innovative legislative measures, namely: (1) a law abolishing the
security of tenure clause in the Labor Code; and (2) a law allowing contractualization
in all areas needed in the employer’s business operations. However, to soften the
impact of these new measures, the law requires that all employers shall obtain
mandatory unemployment insurance coverage for all their employees.

LABOR AND SOCIAL LEGISLATION Page 8 of 12

The constitutionality of the two (2) laws is challenged in court. As judge, how will you
rule? (5%)

XIII
Atty. Renan, a CPA-lawyer and Managing Partner of an accounting firm, conducted the
orientation seminar for newly-hired
employees of the firm, among them, Miss Maganda. After the seminar, Renan
requested Maganda to stay, purportedly to discuss some work assignment. Left alone
in the training room, Renan asked Maganda to go out with him for dinner and ballroom
dancing. Thereafter, he persuaded her to accompany him to the mountain highway in
Antipolo for sight-seeing. During all these, Renan told Maganda that most, if not all, of
the lady supervisors in the firm are where they are now, in very productive and
lucrative posts, because of his favorable endorsement.

[a] Did Renan commit acts of sexual harassment in a workrelated or employment

environment? Reasons. (3%)
[b] The lady supervisors in the firm, slighted by Renan’s revelations about them,
succeeded in having him expelled from the
firm. Renan then filed with the Arbitration Branch of the NLRC an illegal dismissal case
with claims for damages against the firm. Will the case prosper? Reasons. (2%)

XIV
Jolli-Mac Restaurant Company (Jolli-Mac) owns and operates the largest food chain in
the country. It engaged Matiyaga
Manpower Services, Inc. (MMSI), a job contractor registered with the Department of
Labor and Employment, to provide its
restaurants the necessary personnel, consisting of cashiers, motorcycle delivery boys
and food servers, in its operations. The
Service Agreement warrants, among others, that MMSI has a paidup capital of
P2,000,000.00; that it would train and determine the

LABOR AND SOCIAL LEGISLATION Page 9 of 12

qualification and fitness of all personnel to be assigned to Jolli- Mac; that it would
provide these personnel with proper Jolli-Mac uniforms; and that it is exclusively
responsible to these personnel for their respective salaries and all other mandatory
statutory benefits.
After the contract was signed, it was revealed, based on research conducted, that
MMSI had no other clients except Jolli-
Mac, and one of its major owners was a member of the Board of Directors of Jolli-Mac.

[a] Is the Service Agreement between Jolli-Mac and MMSI legal and valid? Why or why
not? (3%)
[b] If the cashiers, delivery boys and food servers are not paid their lawful salaries,
including overtime pay, holiday pay, 13th
month pay, and service incentive leave pay, against whom may these workers file their
claims? Explain. (2%)

XV
Among the 400 regular rank-and-file workers of MNO Company, a certification election
was ordered conducted by the
Med-Arbiter of the Region. The contending parties obtained the following votes:
1. Union A - 70
2. Union B - 71
3. Union C - 42
4. Union D - 33
5. No union - 180
6. Spoiled votes - 4
There were no objections or challenges raised by any party on the results of the
election.

LABOR AND SOCIAL LEGISLATION Page 10 of 12

[a] Can Union B be certified as the sole and exclusive collective bargaining agent
among the rank-and-file workers of
MNO Company considering that it garnered the highest number of votes among the
contending unions? Why or why not? (3%)
[b] May the management or lawyer of MNO Company legally ask for the absolute
termination of the certification election
proceedings because 180 of the workers --- a clear plurality of the voters --- have
chosen not to be represented by any union? Reasons. (3%)
[c] If you were the duly designated election officer in this case, what would you do to
effectively achieve the purpose of
certification election proceedings? Discuss. (3%)

XVI
The Company and Triple-X Union, the certified bargaining agent of rank-and-file
employees, entered into a Collective
Bargaining Agreement (CBA) effective for the period January 1,2002 to December 31,
2007. For the 4th and 5th years of the CBA, the significant improvements in wages
and other benefits obtained by the Union were:

1) Salary increases of P1,000 and P1,200 monthly, effective January 1, 2006 and
January 1, 2007, respectively;
2) Vacation Leave and Sick Leave were adjusted from 12 days to 15 days annually for
each employee;
3) Medical subsidy of P3,000 per year for the purchase of medicines and
hospitalization assistance of P10,000 per year for actual hospital confinement;

LABOR AND SOCIAL LEGISLATION Page 11 of 12

4) Rice Subsidy of P600 per month, provided the employee has worked for at least 20
days within the particular
month; and
5) Birthday Leave with Pay and Birthday Gift of P1,500. As early as October 2007, the
Company and the Union
started negotiations to renew the CBA. Despite mutual good faith and earnest efforts,
they could not agree. However, no union filed a petition for certification election during
the freedom period. On March 30, 2008, no CBA had been concluded. Management
learned that the Union would declare a bargaining deadlock on the next scheduled
bargaining meeting.

As expected, on April 3, 2008, the Union declared a deadlock. In the afternoon of the
same day, management issued a
formal announcement in writing, posted on the bulletin board, that due to the CBA
expiration on December 31, 2007, all fringe benefits contained therein are considered
withdrawn and can no longer be implemented, effective immediately.

[a] When was the “freedom period” referred to in the foregoing narration of facts?
Explain. (2%)
[b] After April 3, 2008, will a petition for certification election filed by another
legitimate labor union representing the
rank-and-file employees legally prosper? Reasons. (3%)
[c] Is management’s withdrawal of the fringe benefits valid? Reasons. (2%)
[d] If you were the lawyer for the union, what legal recourse or action would you
advise? Reasons. (3%)

LABOR AND SOCIAL LEGISLATION Page 12 of 12

XVII
Alfredo was dismissed by management for serious misconduct. He filed suit for illegal
dismissal, alleging that although there may be just cause, he was not afforded due
process by management prior to his termination. He demands reinstatement with full
backwages.
[a] What are the twin requirements of due process which the employer must observe
in terminating or dismissing an employee? Explain. (3%)
[b] Is Alfredo entitled to reinstatement and full backwages? Why or why not? (3%)

XVIII
[a] Cite four (4) instances when an illegally dismissed employee may be awarded
separation pay in lieu of reinstatement.
(3%)
[b] Explain the impact of the union security clause to the employees’ right to security
of tenure. (2%)
*** END OF PART II ***
RETURN THIS QUESTIONNAIRE
WITH YOUR BOOKLET

2009 P olitical and P ublic In tern atio nal Law B ar

Exam Q u estions (/bar-exam in atio ns
/bar-questions/92-2009- bar-exam -qu estions
/1257-2009-political-and -pu blic-in tern atio nal-
law -bar-exam -questions .htm l)

Details
Category: 2009 Bar Exam Questions (/bar-examinations/bar-questions/92-2009-
bar-exam-questions.html)

2009 BAR EXAM IN ATIO N S

PO LITICAL AN D PU BLIC
IN TERN ATIO N AL LAW
PART I

I
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is
false. Explain your answer in not more han two (2) sentences. (5%)

[a] A law making “Bayan Ko” the new national anthem of the Philippines, in lieu of
“Lupang Hinirang,” is constitutional.

[b] Under the archipelago doctrine, the waters around, between, and connecting the
islands of the archipelago form part of the territorial sea of the archipelagic state.

[c] A law that makes military service for women merely voluntary is constitutional.

[d] A law fixing the passing grade in the Bar examinations at 70%, with no grade
lower than 40% in any subject, is
constitutional.

[e] An educational institution 100% foreign-owned may be validly established in the

Philippines.

II
Despite lingering questions about his Filipino citizenship and his one-year residence
in the district, Gabriel filed his certificate of candidacy for congressman before the
deadline set by law. His opponent, Vito, hires you as lawyer to contest Gabriel’s
candidacy.

[a] Before election day, what action or actions will you institute against Gabriel, and
before which court, commission or
tribunal will you file such action/s? Reasons. (2%)

POLITICAL AND PUBLIC INTERNATIONAL LAW Page 2 of 13

[b] If, during the pendency of such action/s but before election day, Gabriel withdraws
his certificate of candidacy, can he
be substituted as candidate? If so, by whom and why? If not, why not? (2%)

[c] If the action/s instituted should be dismissed with finality before the election, and
Gabriel assumes office after being
proclaimed the winner in the election, can the issue of his candidacy and/or
citizenship and residence still be questioned? If
so, what action or actions may be filed and where? If not, why not? (2%)

III
The Municipality of Bulalakaw, Leyte, passed Ordinance No. 1234, authorizing the
expropriation of two parcels of land situated in the poblacion as the site of a
freedom park, and appropriating the funds needed therefor. Upon review, the
Sangguniang Panlalawigan of Leyte disapproved the ordinance because the
municipality has an existing freedom park which, though smaller in size, is still
suitable for the purpose, and to pursue expropriation would be needless
expenditure of the people’s money. Is the disapproval of the ordinance correct?
Explain your answer. (2%)

IV
The Municipality of Pinatukdao is sued for damages arising from injuries sustained
by a pedestrian who was hit by a glass pane that fell from a dilapidated window
frame of the municipal hall. The municipality files a motion to dismiss the complaint,
invoking state immunity from suit. Resolve the motion with reasons. (3%)

POLITICAL AND PUBLIC INTERNATIONAL LAW Page 3 of 13

V
To address the pervasive problem of gambling, Congress is considering the
following options: (1) prohibit all forms of gambling; (2) allow gambling only on
Sundays; (3) allow gambling only in government-owned casinos; and (4) remove all
prohibitions against gambling but impose a tax equivalent to 30% on all winnings.

[a] If Congress chooses the first option and passes the corresponding law absolutely
prohibiting all forms of gambling,
can the law be validly attacked on the ground that it is an invalid exercise of police
power? Explain your answer. (2%)

[b] If Congress chooses the last option and passes the corresponding law imposing a
30% tax on all winnings and prizes
won from gambling, would the law comply with the constitutional limitations on the
exercise of the power of taxation? Explain your answer. (2%)

VI
In a criminal prosecution for murder, the prosecution presented, as witness, an
employee of the Manila Hotel who produced in court a videotape recording showing
the heated exchange between the accused and the victim that took place at the
lobby of the hotel barely 30 minutes before the killing. The accused objects to the
admission of the videotape recording on the ground that it was taken without his
knowledge or consent, in violation of his right to privacy and the Anti-Wire Tapping
law. Resolve the objection with reasons. (3%)

POLITICAL AND PUBLIC INTERNATIONAL LAW Page 4 of 13

VII
Crack agents of the Manila Police Anti-Narcotics Unit were on surveillance of a
cemetery where the sale and use of prohibited drugs were rumored to be rampant.
The team saw a man with reddish and glassy eyes walking unsteadily towards them,
but he immediately veered away upon seeing the policemen. The team approached
the man, introduced themselves as peace officers, then asked what he had in his
clenched fist. Because the man refused to answer, a policeman pried the fist open
and saw a plastic sachet filled with crystalline substance. The team then took the
man into custody and submitted the contents of the sachet to forensic examination.
The crystalline substance in the sachet turned out to be shabu. The man was
accordingly charged in court. During the trial, the accused:

[a] challenged the validity of his arrest; (2%) and

[b] objected to the admission in evidence of the prohibited drug, claiming that it was
obtained in an illegal search and seizure. (2%)
Decide with reasons.

VIII
Congressman Nonoy delivered a privilege speech charging the Intercontinental
Universal Bank (IUB) with the sale of unregistered foreign securities, in violation of
R.A. 8799. He then filed, and the House of Representatives unanimously approved, a
Resolution directing the House Committee on Good Government (HCGG) to conduct
an inquiry on the matter, in aid of legislation, in order to prevent the recurrence of
any similar fraudulent activity.

POLITICAL AND PUBLIC INTERNATIONAL LAW Page 5 of 13

The HCGG immediately scheduled a hearing and invited the responsible officials of
IUB, the Chairman and Commissioners of the Securities and Exchange Commission
(SEC), and the Governor of the Bangko Sentral ng Pilipinas (BSP). On the date set for
the hearing, only the SEC Commissioners appeared, prompting Congressman Nonoy
to move for the issuance of the appropriate subpoena ad testificandum to compel
the attendance of the invited resource persons. The IUB officials filed suit to
prohibit HCGG from proceeding with the inquiry and to quash the subpoena, raising
the following arguments:

[a] The subject of the legislative investigation is also the subject of criminal and civil
actions pending before the courts and
the prosecutor’s office; thus, the legislative inquiry would preempt judicial action;
(3%) and

[b] Compelling the IUB officials, who are also respondents in the criminal and civil
cases in court, to testify at the inquiry would violate their constitutional right against
self-incrimination. (3%)
Are the foregoing arguments tenable? Reasons.

[c] May the Governor of the BSP validly invoke executive privilege and, thus, refuse to
attend the legislative inquiry? Why
or why not? (3%)

IX
Warlito, a natural-born Filipino, took up permanent residence in the United States,
and eventually acquired American citizenship. He then married Shirley, an
American, and sired three children. In August 2009, Warlito decided to visit the
Philippines with his wife and children: Johnny, 23 years of age; Warlito, Jr., 20; and
Luisa, 17.

POLITICAL AND PUBLIC INTERNATIONAL LAW Page 6 of 13

While in the Philippines, a friend informed him that he could reacquire Philippine
citizenship without necessarily losing U.S. nationality. Thus, he took the oath of
allegiance required under R.A. 9225.

[a] Having reacquired Philippine citizenship, is Warlito a natural-born or a naturalized

Filipino citizen today? Explain your
answer. (3%)
[b] With Warlito having regained Philippine citizenship, will Shirley also become a
Filipino citizen? If so, why? If not, what
would be the most speedy procedure for Shirley to acquire Philippine citizenship?
Explain. (3%)

[c] Do the children --- Johnny, Warlito Jr., and Luisa --- become Filipino citizens with
their father’s reacquisition of
Philippine citizenship? Explain your answer. (3%)

X
Maximino, an employee of the Department of Education, is administratively charged
with dishonesty and gross misconduct. During the formal investigation of the
charges, the Secretary of Education preventively suspended him for a period of sixty
(60) days. On the 60th day of the preventive suspension, the Secretary rendered a
verdict, finding Maximino guilty, and ordered his immediate dismissal from the
service. Maximino appealed to the Civil Service Commission (CSC), which affirmed
the Secretary’s decision. Maximino then elevated the matter to the Court of Appeals
(CA). The CA reversed the CSC decision, exonerating Maximino. The Secretary of
Education then petitions the Supreme Court (SC) for the review of the CA decision.

[a] Is the Secretary of Education a proper party to seek the review of the CA decision
exonerating Maximino? Reasons. (2%)

POLITICAL AND PUBLIC INTERNATIONAL LAW Page 7 of 13

[b] If the SC affirms the CA decision, is Maximino entitled to recover back salaries
corresponding to the entire period he was out of the service? Explain your answer.
(3%)

*** END OF PART I ***

POLITICAL AND PUBLIC INTERNATIONAL LAW Page 8 of 13
PART II

XI
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is
false. Explain your answer in not more
than two (2) sentences. (5%)

[a] Aliens are absolutely prohibited from owning private lands in the Philippines.

[b] A de facto public officer is, by right, entitled to receive the salaries and
emoluments attached to the public office he holds.

[c] The President exercises the power of control over all executive departments and
agencies, including government-owned or controlled corporations.

[d] Decisions of the Ombudsman imposing penalties in administrative disciplinary

cases are merely recommendatory.

[e] Dual citizenship is not the same as dual allegiance.

XII
William, a private American citizen, a university graduate and frequent visitor to the
Philippines, was inside the U.S. embassy when he got into a heated argument with a
private Filipino citizen. Then, in front of many shocked witnesses, he killed the
person he was arguing with. The police came, and brought him to the nearest police
station. Upon reaching the station, the police investigator, in halting English,
informed William of his Miranda rights, and assigned him an independent local
counsel. William refused the services of the lawyer, and insisted that he be assisted
by a Filipino lawyer currently based in the U.S. The request was denied, and the

POLITICAL AND PUBLIC INTERNATIONAL LAW Page 9 of 13

counsel assigned by the police stayed for the duration of the investigation.
William protested his arrest.

[a] He argued that since the incident took place inside the U.S. embassy, Philippine
courts have no jurisdiction because the
U.S. embassy grounds are not part of Philippine territory; thus, technically, no crime
under Philippine law was committed. Is
William correct? Explain your answer. (3%)

[b] He also claimed that his Miranda rights were violated because he was not given the
lawyer of his choice; that being an
American, he should have been informed of his rights in proper English; and that he
should have been informed of his rights as soon as he was taken into custody, not
when he was already at the police station. Was William denied his Miranda rights? Why
or why not? (3%)

[c] If William applies for bail, claiming that he is entitled thereto under the
“international standard of justice” and that he
comes from a U.S. State that has outlawed capital punishment, should William be
granted bail as a matter of right? Reasons.
(3%)

XIII
A terrorist group called the Emerald Brigade is based in the State of Asyaland. The
government of Asyaland does not support the terrorist group, but being a poor
country, is powerless to stop it. The Emerald Brigade launched an attack on the
Philippines, firing two missiles that killed thousands of Filipinos. It then warned that
more attacks were forthcoming. Through diplomatic channels, the Philippines
demanded that Asyaland stop the Emerald Brigade; otherwise, it will do whatever is
necessary to defend itself.

POLITICAL AND PUBLIC INTERNATIONAL LAW Page 10 of 13

Receiving reliable intelligence reports of another imminent attack by the Emerald

Brigade, and it appearing that Asyaland was incapable of preventing the assault, the
Philippines sent a crack commando team to Asyaland. The team stayed only for a
few hours in Asyaland, succeeded in killing the leaders and most of the members of
the Emerald Brigade, then immediately returned to the Philippines.

[a] Was the Philippine action justified under the international law principle of “self-
defense”? Explain your answer. (3%)

[b] As a consequence of the foregoing incident, Asyaland charges the Philippines with
violation of Article 2.4 of the United
Nations Charter that prohibits “the threat or use of force against the territorial
integrity or political independence of any State.” The Philippines counters that its
commando team neither took any territory nor interfered in the political processes of
Asyaland.
Which contention is correct? Reasons. (3%)

[c] Assume that the commando team captured a member of the Emerald Brigade and
brought him back to the Philippines. The Philippine Government insists that a special
international tribunal should try the terrorist. On the other hand, the terrorist argues
that terrorism is not an international crime and, therefore, the municipal laws of the
Philippines, which recognize access of the accused to constitutional rights, should
apply. Decide with reasons. (3%)

XIV
The Philippine Government is negotiating a new security treaty with the United
States which could involve engagement in joint military operations of the two
countries’ armed forces. A loose organization of Filipinos, the Kabataan at
Matatandang Makabansa (KMM) wrote the Department of Foreign Affairs (DFA) and
the Department of National Defense (DND) demanding disclosure of the details of
the negotiations, as well as copies of the minutes of the meetings. The DFA and the
DND refused, contending that premature disclosure of the offers and counter
POLITICAL

AND PUBLIC INTERNATIONAL LAW Page 11 of 13

offers between the parties could jeopardize on-going negotiations with another
country. KMM filed suit to compel disclosure of the negotiation details, and be
granted access to the records of the meetings, invoking the constitutional right of
the people to information on matters of public concern.

[a] Decide with reasons. (3%)

[b] Will your answer be the same if the information sought by KMM pertains to
contracts entered into by the Government in its proprietary or commercial capacity?
Why or why not? (3%)

XV
The KKK Television Network (KKK-TV) aired the documentary, “Case Law: How the
Supreme Court Decides,” without obtaining the necessary permit required by P.D.
1986. Consequently, the Movie and Television Review and Classification Board
(MTRCB) suspended the airing of KKK-TV programs. MTRCB declared that under P.D.
1986, it has the power of prior review over all television programs, except
“newsreels” and programs “by the Government”, and the subject documentary
does not fall under either of these two classes. The suspension order was ostensibly
based on Memorandum Circular No. 98-17 which grants MTRCB the authority to
issue such an order. KKK-TV filed a certiorari petition in court, raising the
following issues:

[a] The act of MTRCB constitutes “prior restraint” and violates the constitutionally
guaranteed freedom of expression;
(3%) and

[b] While Memorandum Circular No. 98-17 was issued and published in a newspaper
of general circulation, a copy thereof was never filed with the Office of the National
Register of the University of the Philippines Law Center. (2%) Resolve the foregoing
issues, with reasons.

POLITICAL AND PUBLIC INTERNATIONAL LAW Page 12 of 13

XVI
[a] Angelina, a married woman, is a Division Chief in the Department of Science and
Technology. She had been living with
a married man, not her husband, for the last fifteen (15) years. Administratively
charged with immorality and conduct prejudicial to the best interest of the service, she
admits her live-in arrangement, but maintains that this conjugal understanding is in
conformity with their religious beliefs. As members of the religious sect, Yahweh’s
Observers, they had executed a Declaration of Pledging Faithfulness which has been
confirmed and blessed by their Council of Elders. At the formal investigation of the
administrative case, the Grand Elder of the sect affirmed Angelina’s testimony and
attested to the sincerity of Angelina and her partner in the profession of their faith. If
you were to judge this case, will you exonerate Angelina? Reasons. (3%)

[b] Meanwhile, Jenny, also a member of Yahweh’s Observers, was severely

disappointed at the manner the Grand
Elder validated what she considered was an obviously immoral conjugal arrangement
between Angelina and her partner. Jenny filed suit in court, seeking the removal of the
Grand Elder from the religious sect on the ground that his act in supporting Angelina
not only ruined the reputation of their religion, but also violated the constitutional
policy upholding the sanctity of marriage and the solidarity of the family. Will Jenny’s
case prosper? Explain your answer. (2%)
 XVII
Filipinas Computer Corporation (FCC), a local manufacturer of computers and
computer parts, owns a sprawling plant in a 5,000-square meter lot in Pasig City. To
remedy the city’s acute housing shortage, compounded by a burgeoning
population, the Sangguniang Panglungsod authorized the City Mayor to negotiate
for the purchase of the lot. The Sanggunian intends to subdivide the property into
small residential lots to be distributed at cost to qualified city residents. But FCC
refused to sell the lot. Hard

POLITICAL AND PUBLIC INTERNATIONAL LAW Page 13 of 13

pressed to find a suitable property to house its homeless residents, the City filed a
complaint for eminent domain against FCC.

[a] If FCC hires you as lawyer, what defense or defenses would you set up in order to
resist the expropriation of the
property? Explain. (5%)

[b] If the Court grants the City’s prayer for expropriation, but the City delays payment
of the amount determined by the court as just compensation, can FCC recover the
property from Pasig City? Explain. (2%)

[c] Suppose the expropriation succeeds, but the City decides to abandon its plan to
subdivide the property for residential
purposes having found a much bigger lot, can FCC legally demand that it be allowed to
repurchase the property from the City of Pasig? Why or why not? (2%)

XVIII
What are the essential elements of a valid petition for a people’s initiative to amend
the 1987 Constitution? Discuss. (2%)

*** END OF PART II ***

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