UE COLLEGE OF LAW

Atty. David Robert C. Aquino, CSEE

Legal Philosophy

Instructions:

a) The questions below will test your over-all grasp of the concepts and principles of the
subject and will measure how well you apply them to theoretical situations and problems;

b) Answer the questions as if you are the assigned ponente of the Supreme Court;

c) Identify concepts and principles of statutory construction in your answer and apply them to
support your decision; and

d) Utilize applicable laws and jurisprudence.

1. A was arrested for possession of marijuana. His lawyer moved for the
dismissal of the charges considering that he genus of the marijuana he was
caught with was male, while the law only prohibited and penalized
possession of the female genus of the plant. Rule on this issue. 25%

2. A federation of traders protested the move of the government to engage in a

competing business. They argued that it unduly affected their right to
engage in trade and business. The government, however, stated that this
move was to prevent monopolies in restraint of trade. Rule on the issue. 25%

3. President Duforty uttered the famous Pilipino expletive against a foreign

head of state during a press conference. Affronted by this action, the head of
state filed a note verbale with the Philippine Embassy. The Philippine
Ambassador explained that it was just an expression and did not allude
anything derogatory. Rule on this issue. 50%