2012 BAR EXAMINATION - POLITICAL LAW

MULTIPLE CHOICE QUESTIONS

(1) Constitution defined by Cooley as:

(b) body of rules maxims in accordance with which powers of sovereignty habitually
exercised.

(2) Three essential parts of Constitution are:

(a) bill of rights, governmental organization functions, method of amendment.

(3) Constitutional provision on initiative referendum not self-executory because requires:

(c) implementing legislation.

(4) In amendment to constitution by "initiative referendum", "initiative" phase means people

propose amendments. Valid proposal when proposition received approval of:

(c) at least 3% of registered voters of each district 12% of total number of registered
voters nationwide.

(5) Constitution declares Philippines republican state. Republicanism means:

(b) representatives of government elected by people.

(6) Chief characteristic of presidential form of government is:

(b) supremacy of presidency compared to totality of powers of legislative.

(7) Following best exemplifies system of checks balances:

(b) President pardons convict as way to set aside or modify judgment of judiciary.

(8) Starting point of principle of separation of powers is assumption of division of functions of

government into three distinct classes:

(d) executive, legislative, judicial.

(9) Constitution provides "separation of church state shall be inviolable." Implemented most by
constitutional principles embodied in:

(b) non-establishment clause.

(10) Following is non-self-executing provision of Constitution:

(d) state shall encourage support researches studies on arts culture.

(11) Basic Philippine law, in respect of modes of acquiring citizenship, follows rule(s) of:

(c) jus sanguinis provides for naturalization.

(12) Dual allegiance by citizen is:

(c) inimical to national interest therefore shall be dealt with by law.

(13) Margarita born 1986 to Filipino mother Swedish father. Living in US for 20 years, naturalized
as US citizen. Recently reacquired Philippine citizenship under RA 9225. Can Margarita vote in
next national elections?

(a) Yes. Dual citizens who not residents may register under Overseas Absentee Voting
Law.

(14) Identify invalid exercise of legislative power:

(b) law granting administrative agency power to define policy fix standards on price
control.
(15) Which theory does not support valid delegation of authority by Congress to administrative
agency:

(c) administrative agency has equal expertise with legislature in crafting implementing
laws.

(16) Rule in Article V1, Section 5(3) of Constitution that "Each legislative district shall comprise,
as far as practicable, contiguous, compact adjacent territory" is prohibition against:

(c) gerrymandering.

(17) Article V1, Section 5(3) of Constitution requires for city to be entitled to have at least one
representative, its population shall be at least:

(a) 250,000.

(18) Senator or Member of House of Representatives privileged from arrest while Congress in
session for all offenses punishable by imprisonment of not more than:

(c) six years imprisonment.

(19) No Senator or member of House of Representatives may personally appear as counsel

before:

(b) any court of justice.

(20) Which can be changed by ordinary law enacted by Congress?

(c) Authority to transfer appropriation.

(21) Congress shall have sole power to declare existence of state of war by vote of:

(d) two-thirds of both Houses in joint session, voting separately.

(22) If by end of fiscal year, Congress failed to pass general appropriations bill for ensuring
fiscal year, general appropriations law for preceding fiscal year shall be deemed:

(d) re-enacted.

(23) Provisions unrelated to appropriation bill considered prohibited. These called:

(b) riders.

(24) Requirement that "Every bill shall embrace only one subject which shall be expressed in
title thereof" prevents:

(b) log-rolling legislation.

(25) Power of President to veto any particular part in appropriation revenue, or tariff bill, called:

(c) item veto.

(26) Tax is progressive when:

(c) rate increases as tax base increases.

(27) When Supreme Court sits en banc, cases decided by concurrence of majority of members
who:

(c) actually took part in deliberations on issues in case voted thereon.

(28) When Supreme Court sits in division, cases can be decided by as few as minimum of:

(a) three votes.

(29) Person who has personal substantial interest in case, such that has sustained, or will sustain,
direct injury as result of its enforcement considered to have:

(b) standing to challenge governmental act.

(30) Congressman Sugar Oll authored bill legalizing jueteng. When Bill became law, Fr. Nosu
Gal filed petition seeking nullification as unconstitutional as it violates Section 13, Article II of
1987 Constitution. Fr. Gal filed petition as concerned citizen taxpayer. Does Fr. Gal have locus
standi?

(c) Yes, because issue is of transcendental importance.

(31) Where there is "impossibility of court's undertaking independent resolution without

expressing lack of respect due coordinate branches of government; or unusual need for
unquestioning adherence to political decision already made; or potentially of embarrassment
from multifarious pronouncement by various departments on question," describes what kind
of political question:

(b) prudential kind.

(32) "Operative fact" doctrine of constitutional law applied when law declared:

(d) unconstitutional.

(33) Totality of governmental power contained in three great powers:

(c) executive power, legislative power, judicial power.

(34) Most essential, insistent least limitable of (government) powers, extending as it does to all
great public needs, is:

(b) police power.

(35) In hierarchy of civil liberties, which right occupies highest preferred position:

(c) right to freedom of expression of assembly.

(36) In which would there be no double jeopardy even if subsequent case filed?

(b) Pot accused before RTC of qualified theft. After innumerable postponements
against Pot's wishes, prosecutor moves for dismissal with consent of Pot. Granted.

(37) Under Article III, Section 2 of Bill of Rights, which provides for exclusion of evidence that
violate right to privacy of communication correspondence, to come under exclusionary rule,
evidence must be obtained by:

(b) government agents.

(38) Complementing regime that best characterizes guarantees of freedom of speech of press
are:

(d) no prior restraint no subsequent punishment.

(39) Free exercise non-establishment clauses pertain to which right under Bill of Rights:

(c) religion.

(40) Gangnam Style's Witnesses (whose tenets derogatory to Catholic Church), applied for
permit to use public plaza kiosk to hold religious meeting on occasion of founding anniversary.
Mayor Lebron allowed them to use northwestern part of plaza but not kiosk (which is few
meters away from Catholic church). Members of Gangnam Style Witnesses claim act of Mayor
Lebron is violation of their freedom of assembly religion. Is this correct?

(d) Yes, because there is no clear present danger in holding religious meeting by
another religious group near catholic church.

(41) Which one is NOT recognized limitation to right to information on matters of public
concern:

(d) government research data used as basis for policy development.

(42) Which circumstance is NOT element of taking under eminent domain:

 (a) entering upon public property for momentary period.

(43) Market value for purposes of determining just compensation in eminent domain has been
described as fair value of property:

(c) between one who desires to purchase one who desires to sell.

(44) Under Article III, Section 12 of Constitution, any person under investigation for commission
of offense shall have right to be informed of right to remain silent, etc. Investigation referred to
called:

(d) custodial investigation.

(45) All persons charged shall, before conviction, be bailable by sufficient sureties, except
those charged with:

(d) offenses punishable by reclusion perpetua when evidence of guilt is strong.

(46) Criminal trial may proceed, notwithstanding absence of accused provided that has been
duly notified, failure to appear is unjustifiable, after:

(b) arraignment.

(47) Requisites of valid trial in absentia exclude:

(b) Wherein allows himself/herself to be identified by witness in absence, without further

unqualified admitting that every time witness mentions name by which known, it shall
be understood to refer to him/her.

(48) Privilege of writ of habeas corpus shall not be suspended except in cases of:

(d) invasion or rebellion when public safety requires it.

(49) Right of accused against self-incrimination will be violated if:

(a) charged with violation of Anti-Money Laundering Act required to produce bank
passbook.

(50) Death penalty shall not be imposed:

(c) unless for compelling reasons involving heinous crimes Congress hereafter provides
for it.

(51) Ex post facto law defined as one:

(c) which aggravates crime or makes it greater than when it was committed.

(52) Bill of attainder is:

(c) legislative act which inflicts punishment without trial.

(53) Which one is NOT independent Constitutional Commission under Article IX, Section 1 of
Constitution:

(b) Commission on Human Rights.

(54) Independent Constitutional Commissions enjoy:

(c) fiscal autonomy.

(55) Civil Service shall be administered by Civil Service Commission composed of:

(b) Chairman two (2) Commissioners.

(56) In Oposa vs. Factoran, Jr., Supreme Court held that personality of petitioners to sue based
on concept of:

(c) intergenerational responsibility.

(57) In unitary system of government, such as government under Philippine Constitutor, local
government can only be:

(b) infra-sovereign subdivision.

(58) Which one is NOT among Constitutionally mandated grounds for impeachment of
impeachable officials:

(d) culpable violation of duty to be at all times accountable to people.

(59) Which is NOT impeachable public officer:

(c) administrator of Supreme Court.

(60) Which has exclusive power to initiate all cases of impeachment:

(b) House of Representatives.

(61) At least one-third of all members of House of Representatives may file articles of
impeachment by:

(b) verified complaint resolution.

(62) President cannot grant pardon in cases of impeachment. May however exercise such
power when:

(a) Person convicted in impeachment proceeding is subject to prosecution, trial

punishment in ordinary criminal action.

(63) Public officer impeached removed from office shall:

(c) nevertheless be liable subject to prosecution, trial punishment according to law.

(64) Ombudsman deputies appointed by President from list prepared by:

(c) Judicial Bar Council.

(65) SALN means:

(c) Statement of assets, liabilities net worth.

(66) Independent economic planning agency of Government as provided for by Constitution

is:

(c) National Economic Development Authority.

(67) Independent Central Monetary Authority of Government is:

(c) Central Bank of Philippines.

(68) President may contract or guarantee foreign loans on behalf of Republic of Philippines
only upon prior concurrence of:

(d) Monetary Board.

(69) Bona fide associations of citizens which demonstrate capacity of promote public interest
with identifiable leadership, membership, structure are:

(d) independent people's organizations.

(70) Principal function of Commission on Human Rights is:

(b) investigatory.

(71) Optional religious instruction in public elementary high schools allowed provided it be:

(b) without additional cost to Government.

(72) Academic freedom shall be enjoyed:

(d) in all institutions of higher learning.

(73) Under Article 38(1) of Statute of International Court of Justice, which one is NOT
considered source of international law:

(c) international humanitarian law.

(74) In international law, it is norm which States cannot derogate or deviate from their
agreements:

(c) jus cogens.

(75) In international law, status of entity as State is accepted by other States through this act.
It is "act by which another State acknowledges that political entity recognized possesses
attributes of statehood":

(b) recognition.

(76) Act or process by which State, in compliance with formal demand or request, surrenders
to another State alleged offender or fugitive criminal who has sought refuge in territory of first
State, in order to stand trial or complete prison term:

(c) extradition.

(77) Doctrine considers general or customary norms of international law as part of municipal
law to be enforced as such, without regard as to whether enacted as statutory or legislative
rules or not:

(b) incorporation.

(78) Under United Nations Conference of Law of Sea (UNCLOS), extent of contiguous zone is:

(c) 12 miles from lowest water mark.

(79) Line from which breadth of territorial sea other maritime zones is measured:

(c) baseline.

(80) Maritime zone adjacent to territorial seas where coastal state may exercise certain
protective jurisdiction:

(b) contiguous zone.

(81) Butchoy installed jumper cable. Prosecuted under Makati ordinance penalizing such act.
Moved for dismissal on ground that jumper cable was within territorial jurisdiction of
Mandaluyong not Makati. Case dismissed. City of Mandaluyong thereafter filed case against
him for theft under Revised Penal Code. Is there double jeopardy?

(d) No. Second kind of double jeopardy under Section 21, Article III only contemplates
conviction or acquittal which could terminate first jeopardy.

(82) Cardinal primary due process right in administrative proceedings is that evidence must
be "substantial." "Substantial evidence" is:

(d) more than mere scintilla.

(83) Statutory provision requiring President or administrative agency to present proposed

implementing rules regulations of law to Congress which by itself or through committee formed
by it, retains "right" or "power" to approve or disapprove such regulations before they may take
effect, is:

(b) legislative veto.

(84) Which one of enumeration below does not come under Administrative Code definition of
"rule":

(d) agency process for formulation of final order.

(85) Under Administrative Code, "adjudication" means:

 (b) agency process for formulation of final order.

(86) Requirement of Administrative Code on "public participation" is that, if not otherwise

required by law, agency shall:

(d) as far as practicable, publish or circulate notices of proposed rules afford interested
parties opportunity to submit their views prior to adoption of any rule.

(87) Under Administrative Code, in fixing of rates, no rules or final order shall be valid unless:

(c) proposed rates shall have been published in newspaper of general circulation at
least two weeks before first hearing thereon.

(88) In judicial review of decisions of administrative agencies, Administrative Code requires

that review shall be made:

(b) on basis of record taken as whole.

(89) In judicial review of decisions of administrative agencies, Administrative Code requires

that, except when specifically provided otherwise by law:

(c) findings of fact of agency when supported by substantial evidence, shall be final.

(90) Right of accused to be informed is violated if:

(a) accused of killing wife by strangulation but proven that wife died of poisoning.

(91) Criminal statute that "fails to give person of ordinary intelligence fair notice that his
contemplated conduct is forbidden by statute" is:

(c) void for vagueness.

(92) "Chilling effect" is concept used in area of constitutional litigation affecting:

(a) protected speech.

(93) In law of libel protected speech, person who, by accomplishments, fame, or mode of
living, or by adopting profession or calling which gives public legitimate interest in doings,
affairs, character, has become:

(a) public figure.

(94) Which one is not proper test in cases of challenges to governmental acts that may violate
protected speech:

(d) dangerous tendency.

(95) Commercial speech entitled to:

(c) lesser protection compared to other constitutionally guaranteed expression.

(96) No liability can attach to false, defamatory statement if it relates to official conduct, unless
public official concerned proves that statement was with knowledge that it was false or with
reckless disregard of whether it was false or not. This known as what rule?

(b) actual malice rule.

(97) Form of entrapment for officer to pose as buyer. He neither instigates nor induces accused
to commit crime because "seller" has already decided to commit crime. Offense happens
right before eyes of officer. Under these circumstances:

(c) there is no need for warrant either for seizure of goods or for arrest of offender.

(98) Where police officer observes unusual conduct which leads him reasonably to conclude
in light of his experience that criminal activity may be afoot persons dealing with may be
armed dangerous identifies himself makes reasonable inquiries, but nothing serves to dispel his
reasonable fear for safety, entitled to conduct carefully limited search of outer clothing of
such persons for weapons. Such search is constitutionally permissible known as:
 (b) stop frisk.

(99) Accused charged with slight illegal detention. On trial day, court proceeded: "Court: to
accused: Q: "Do you have attorney or are you going to plead guilty?" A: "I have no lawyer will
plead guilty." Accused arraigned, pleaded guilty, found guilty sentenced. On appeal,
Supreme Court reversed. Accused was deprived of:

(c) right to counsel.

(100) Constitutional right of accused "to meet witnesses face to face" primarily for purpose of
affording accused opportunity to:

(b) cross-examine witness.

ESSAY QUESTIONS

a. Mr. Violet convicted by RTC of Estafa. On appeal, filed with Court of Appeals Motion to Fix
Bail for Provisional Liberty Pending Appeal. Court of Appeals granted motion set bail amount
Five Million Pesos, subject to conditions: secure "certification/guaranty from Mayor of place of
residence that is resident of area will remain resident therein until final judgment or if transfers
residence, must be with prior notice to court". Further, ordered to surrender passport to Division
Clerk of Court for safekeeping until court orders its return. Mr. Violet challenges conditions
imposed as violative of his liberty of abode right to travel. Decide with reasons.

Suggested Answer: Right to change abode right to travel not absolute. Liberty of changing
abode may be impaired upon court order. Order of Court of Appeals lawful, purpose is to
ensure accused will be available whenever presence required. Not being prevented from
changing abode. Merely required to inform Court of Appeals if he does. (Yap vs. Court of
Appeals, 358 SCRA 564.)

b. Are "liberty of abode" "right to travel" absolute rights? Explain. What are respective
exception/s to each right if any?

Suggested Answer: Liberty of abode right to travel not absolute. Liberty of abode changing it
can be imposed within limits prescribed by law upon lawful order of court. Right to travel may
be impaired in interest of national security, public safety, or public health as may be provided
by law. (Section 6, Article III of Constitution.)

In addition, court has inherent power to restrict right of accused who has pending criminal
case to travel abroad to maintain its jurisdiction over him. (Santiago vs. Vasquez, 217 SCRA
633.)

II.

a. Verified impeachment complaint filed by two hundred (200) Members of House of

Representatives against Madam Chief Justice Blue. Complaint immediately transmitted to
Senate for trial. Madam Chief Justice Blue challenges such immediate transmittal because
verified complaint 1) not included in order of business of House, 2) not referred to House
Committee on Justice for hearing consideration for sufficiency in form substance, 3) not
submitted to House Plenary for consideration as enumerated in Paragraph (2), Section 3,
Article XI of 1987 Constitution. Decide with reasons.

Suggested Answer: Since verified complaint filed by 200 Members of House of Representatives
they constituted at least one third of its Members, it need not undergo procedure in Paragraph
2, Section 3, Article XI of Constitution. Verified complaint constitutes Articles of Impeachment,
trial by Senate should proceed forthwith (Section 3(4), Article XI of Constitution).

b. What is purpose of Impeachment? Does conviction prevent further prosecution punishment?

Explain.
Suggested Answer: Purpose of impeachment not to punish but only to remove public officer
to secure people against gross political misdemeanors. (Bernas, The 1987 Constitution of
Philippines, A Commentary, 2009 ed., p. 1150.)

Conviction does not prevent further prosecution punishment. Person convicted is subject to
prosecution punishment according to law. (Section 3(7), Article XI of Constitution.)

c. Enumerate grounds for impeachment. Is graft corruption ground for impeachment?

Suggested Answer: The grounds for impeachment:

1. Culpable violation of Constitution;

2. Treason;

3. Bribery;

4. Graft Corruption;

5. Other high crimes;

6. Betrayal of public trust

III.

a. Mr. Brown, cigarette vendor, invited by PO1 White to nearby police station. Upon arriving at
police station, Brown asked to stand side-by-side with five (5) other cigarette vendors in police
line-up. PO1 White informed them they were looking for certain cigarette vendor who
snatched purse of passer-by line-up was to allow victim to point at vendor who snatched her
purse. No questions were to be asked from vendors. Brown, afraid of "set up" against him,
demanded that he be allowed to secure lawyer for him to be present during police line-up. Is
Brown entitled to counsel?

Suggested Answer: Brown not entitled to counsel during police line-up. He not yet being asked
to answer for criminal offense. (Gamboa vs. Cruz, 162 SCRA 642.)

b. Would answer in (a.) be same if Brown specifically invited by White because eyewitness to
crime identified him as perpetrator? Explain.

Suggested Answer: Brown would be entitled to assistance of lawyer. He already considered

as suspect therefore entitled to rights under custodial investigation. (People vs. Legaspi, 331
SCRA 95.)

c. Briefly enumerate "Miranda Rights".

Suggested Answer: Miranda warning means person in custody who will be interrogated must
be informed of following: (a) Right to remain silent; (b) Anything said can be used as
evidenced against him; (c) Right to have counsel during investigation; (d) Must be informed
that if indigent, lawyer will be appointed to represent him. (Miranda vs. Arizona, 384 U.S. 436.)

IV.

a. Mr. Yellow Mr. Orange were leading candidates in vice-presidential elections. After
elections, Yellow emerged as winner by slim margin of 100,000 votes. Undaunted, Orange filed
protest with Presidential Electoral Tribunal (PET). After due consideration of facts issues, PET
ruled that Orange was real winner of elections ordered his immediate proclamation.
Aggrieved, Yellow filed with Supreme Court Petition for Certiorari challenging decision of PET
alleging grave abuse of discretion. Does Supreme Court have jurisdiction? Explain.

Suggested Answer: Supreme Court has no jurisdiction over petition. Presidential Electoral
Tribunal not simply agency to which Members of Senate Court were assigned. Not separate
from Supreme Court. (Macalintal vs. Presidential Electoral Tribunal, 631 SCRA 239.)

b. Would answer in (a.) be same if Yellow Orange were contending for senatorial slot it was
Senate Electoral Tribunal (SET) who issued challenged ruling?
Suggested Answer: Supreme Court would have jurisdiction if it were Senate Electoral Tribunal
who issued challenged ruling. Supreme Court can review its decision if it acted with grave
abuse of discretion. (Lerias vs. House of Representatives Electoral Tribunal, 202 SCRA 808.)

c. What is composition of PET?

Suggested Answer: Presidential Electoral Tribunal composed of Chief Justice Associate Justices
of Supreme Court sitting en banc. (Section 4, Article VII of Constitution.)

d. What is judicial power? Explain Briefly.

Suggested Answer: Judicial Power - Sec.1(1) Art. 8 is authority to settle justiciable controversies
or disputes involving rights that are enforceable demandable before courts of justice or redress
of wrongs for violation of such rights. (Lopez vs. Roxas, 17 SCRA 756.) Includes duty of courts to
settle actual controversies involving rights which are legally demandable enforceable, to
determine whether or not there has grave abuse of discretion amounting to lack or excess of
jurisdiction on part of any branch or instrumentality of government. (Section 1, Article VIII of
Constitution.)

V.

a. Judge Red is Executive Judge of Green City. Red is known to have corrupt tendencies has
reputation widely known among practicing lawyers for accepting bribes. Ombudsman Grey,
wishing to "clean up" government from errant public officials, initiated investigation on alleged
irregularities in performance of duties of Judge Red. Judge Red refused to recognize authority
of Office of Ombudsman over him because according to him, any administrative action
against him or any court official or employee falls under exclusive jurisdiction of Supreme
Court. Decide with reasons.

Suggested Answer: Since complaint refers to performance of duties of Judge Red,

Ombudsman Grey should not act on it should refer it to Supreme Court. His investigation will
encroach upon exclusive power of administrative supervision of Supreme Court over all courts.
(Maceda vs. Vasquez, 221 SCRA 464.)

b. Does Ombudsman have authority to conduct investigation over crimes or offenses

committed by public officials that are NOT in connection or related at all to official's discharge
of duties functions? Explain.

Suggested Answer: Ombudsman can investigate crimes or offenses committed by public

officers which are not connected with performance of their duties. Under Section 13(1), Article
XI of Constitution, Ombudsman can investigate any act or omission of public official which is
illegal. (Deloso vs. Domingo, 191 SCRA 545.)

c. Who are required by Constitution to submit declaration under oath of assets, liabilities, net
worth?

Suggested Answer: All public officers employees are required to submit declaration under
oath of their assets, liabilities net worth. (Section 17, Article XI of Constitution.)

VI.

a. President Black of Republic of Pasensya (RP) had telephone conversation with President Blue
of People's Republic of Conquerors (PRC). In that conversation, both leaders agreed that they
will both pull-out all vessels, civilian or otherwise, sea crafts other ships from hotly disputed
Kalmado Shoal area within eight (8) days in order to de-escalate situation. After eight days,
all RP ships vessels have left area. However, several military civilian ships carrying PRC flag
remained in area began construction of dock that could provide fuel other supplies to vessels
passing by. Assuming that President Black President Blue both had full capacity to represent
their states negotiate with each other under their respective systems of government, further
assuming that both leaders acknowledge existence of conversation, is verbal agreement via
telephone binding under international law? Explain.
Suggested Answer: Verbal agreement by telephone is binding between parties on basis of
customary international law. (In 1992 dispute between Denmark Finland about construction of
bridge was settled by telephone conversation between Danish Finnish Prime Ministers. In return
for payment by Denmark, Finland agreed to discontinue case filed. (Aust, Modern Treaty Law
Practice, p.7.)

b. Assuming answer to (a.) is in affirmative, does that agreement constitute Treaty under 1969
Vienna Convention on Law on Treaties?

Suggested Answer: Verbal agreement does not constitute treaty under Vienna Convention
on Law of treaties. Article 3 requires that for international agreement to be treaty, it must be in
written form.

c. What are sources of International Law?

Suggested Answer: Sources of international law: (1) International conventions, whether

general or particular, establishing rules expressly recognized by contesting states; (2)
International custom, as evidence of general practice accepted as law; (3) General principles
of law recognized by civilized nation;

d. What is opinio juris in International Law?

Suggested Answer: To establish customary international law, two elements must concur:
General state practice opinio juris sire necessitatis. State practice refers to continuous
repetition of same or similar kind of acts or norms bystates. Opinio juris requires that state
practice or norm be carried out in such way as to be evidence of belief that it is obligatory by
existence of rule of law requiring it. (Bayan Muna vs. Romulo, 641 SCRA 244.)

VII.

a.1. Mayor Pink is eyeing re-election in next mayoralty race. It was common knowledge in
town that Mayor Pink will run for re-election in coming elections. Deadline for filing of
Certificate of Candidacy (CoC) is on March 23 campaign period commences following day.
One month before deadline, Pink has yet to file her CoC, but she has been going around town
giving away sacks of rice with words "Mahal Tayo ni Mayor Pink" printed on them, holding
public gatherings speaking about how good town is doing, giving away pink t-shirts with "Kay
Mayor Pink Ako" printed on them. Mr. Green is political opponent of Mayor Pink. In April,
noticing that Mayor Pink had gained advantage over him because of her activities before
campaign period, he filed petition to disqualify Mayor Pink for engaging in election campaign
outside designated period. Which is correct body to rule on matter? Comelec en banc, or
Comelec division? Answer with reasons.

Suggested Answer: It is Commission on elections en banc which should decide petition. Since
it involves exercise of administrative powers of Commission on Elections, Section 3, Article IX-C
of Constitution not applicable. (Baytan vs. Commission on Elections, 396 SCRA 703.)

a.2. Rule on petition.

Suggested Answer: Petition should be denied. Under Section 80 of Omnibus Election Code, to
be liable for premature campaigning must be candidate. Unless filed certificate of
candidacy, not candidate. (Lanot vs. Commission on Elections, 507 SCRA 114.)

b. Distinguish briefly between Quo Warranto in elective office Quo Warranto in appointive
office.

Suggested Answer: In quo warranto in elective office, issue is ineligibility of elected candidate.
(Section 3(e), Rule 1, Rules of Procedure in Election Cases.) If ineligible, candidate who got
second highest number of votes cannot be proclaimed elected. (Sinsuat vs. Commission on
Elections, 492 SCRA 264.) Voter may file petition for quo warranto against elected candidate.
Petition should be filed within ten days after proclamation of elected candidate.
In quo warranto in appointive office, issue is legality of appointment. Court will decide who
between parties has legal title to office. (Nachura, Outline Reviewer in Political Law, p.567.)

Solicitor General, public prosecutor, or person claiming to be entitled to public office can file
petition for quo warranto against appointive official. (Section 2 5, Rule 66 of Rules of Court.)
Petition should be filed within one year after cause of action accrued. (Section 11, Rule 66 of
Rules of Court.)

VIII.

a. What is doctrine of "overbreadth"? In what context can it be correctly applied? Not correctly
applied? Explain

Suggested Answer: Statute is overbroad when governmental purpose to control or prevent

activities constitutionally subject to state regulations is sought to be achieved by means which
sweep unnecessarily broadly invade area of protected freedom. Applies both to free speech
cases penal statutes. However, facial challenge on ground of overbreadth can only be made
in free speech cases because of its chilling effect upon protected speech. Facial challenge
on ground of overbreadth not applicable to penal statutes, because in general they have in
terrorem effect. (Southern Hemisphere Engagement Network, Inc. vs. Anti-Terrorism Council,
632 SCRA 146.)

b. What is doctrine of "void for vagueness"? In what context can it be correctly applied? Not
correctly applied? Explain

Suggested Answer: Statute is vague when it lacks comprehensible standards that men of
common intelligence that guess at its meaning differ as to its application. Applies to both free
speech cases penal statutes. However, facial challenge on ground of vagueness can be
made only in free speech cases. It does not apply to penal statutes. (Southern Hemisphere
Engagement Network, Inc. vs. Anti-Terrorism Council, 632 SCRA 146.)

IX.

a. In protest rally along Padre Faura Street, Manila, Pedrong Pula took up stage began shouting
"kayong mga kurakot kayo! Magsi-resign na kayo! Kung hindi, manggugulo kami dito!" ("you
corrupt officials, you better resign now, or else we will cause trouble here!") simultaneously,
brought out rock size of fist pretended to hurl it at flagpole area of government building. Did
not actually throw rock. Police officers who were monitoring situation immediately
approached Pedrong Pula arrested him. Prosecuted for seditious speech convicted. On
appeal, Pedrong Pula argued was merely exercising freedom of speech freedom of
expression guaranteed by Bill of Rights. Decide with reasons.

Suggested Answer: Pedrong Pula should be acquitted. Freedom of speech should not be
limited in absence of clear present danger of substantive evil that state had right to prevent.
Pretended to hurl rock but did not actually throw it. Did not commit any act of lawless violence.
(David vs. Macapagal-Arroyo, 489 SCRA 160).

b. What is "commercial speech"? Is it entitled to constitutional protection? What must be shown

in order for government to curtail "commercial speech"? Explain.

Suggested Answer: Commercial speech is communication which involves only commercial

interest of speaker audience, such as advertisements. (Black's Law dictionary, 9th ed., p.1529.)

Commercial speech entitled to constitutional protection. (Ayer Productions Pty. Ltd. vs.
Capulong, 160 SCRA 861.)

Commercial speech may be required to be submitted to government agency for review to

protect public interests by preventing false or deceptive claims. (Pharmaceutical Health Care
Association of Philippines vs. Duque, 535 SCRA 265.)

c. What are two (2) basic prohibitions of freedom of speech of press clause? Explain.
Suggested Answer: Two basic prohibitions on freedom of speech freedom of press are prior
restraint subsequent punishment (Chavez vs. Gonzales, 545 SCRA 441.)

X.

a. What do you understand by term "hierarchy of civil liberties"? Explain.

Suggested Answer: Hierarchy of civil liberties means that freedom of expression rights of
peaceful assembly are superior to property rights. (Philippine Blooming Mills Employees
Organization vs. Philippine Blooming Mills Company, Inc., 51 SCRA 189.)

b. Distinguish fully between "free exercise of religion clause" "non-establishment of religion

clause".

Suggested Answer: Freedom of exercise of religion entails right to believe, which is absolute,
right to act on one's belief, which is subject to regulation. As rule, freedom of exercise of religion
can be restricted only if there is clear present danger of substantive evil which state has right
to prevent. (Iglesia Ni Cristo vs. Court of Appeals, 259 SCRA 529.)

Non-establishment clause implements principle of separation of church state. State cannot

set up church, pass laws that aid one religion, all religions, prefer one religion over another,
force or influence person to go to or remain away from church against his will, or force him to
profess belief or disbelief in any religion. (Everson vs. Board of Education, 330 U.S. 1.)

c. When can evidence "in plain view" be seized without need of search warrant? Explain.

Suggested Answer: Evidence in plain view can be seized without need of search warrant if
following elements present: (1) There was prior valid intrusion based on valid warrantless arrest
in which police were legally present pursuant of their duties; (2) Evidence was inadvertently
discovered by police who had right to be where they were; (3) Evidence must be immediately
apparent; (4) Plain view justified seizure of evidence without further search. (Del Rosario vs.
People, 358 SCRA 372.)