2006 BAR EXAMINATION
IN
POLITICAL AND PUBLIC INTERNATIONAL LAW
BAR EXAMINATION 2006
POLITICAL AND PUBLIC INTERNATIONAL LAW
3 September 2006 8
A.M. - 12 Noon
chanroblesvirtualawlibrary
INSTRUCTIONS
This questionnaire consists of ten (10) numbers contained in seven (7)
pages. Read each question very carefully. Answer legibly, clearly, and
concisely. Start each number on a separate page; an answer to a
sub-question under the same number may be written continuously on the
same page and immediately succeeding pages until completed. Do not
repeat the question. A mere "Yes" or "No" answer without any
corresponding discussion will not be given any credit.
HAND IN YOUR NOTEBOOK WITH THIS
QUESTIONNAIRE
GOOD LUCK!!!
(Sgd.) ANGELINA S. GUTIERREZ
Chairperson
2006 Bar Examination Committee
PLEASE CHECK THE NUMBER OF PAGES IN
THIS SET
WARNING: NOT FOR SALE OR UNAUTHORIZED
USE
POLITICAL AND PUBLIC INTERNATIONAL LAW
- I -
1. What do you mean by the "Calling-out Power" of the
President under Section 18, Article VII of the Constitution? 5%
2. On February 24, 2006, President Gloria Macapagal-Arroyo issued
Proclamation No.1017 declaring a state of national emergency. Is this
Proclamation constitutional? Explain. 2.5%
3. During the effectivity of this Proclamation,
Gener, Lito, and Bong were arrested by the police for acts of
terrorism. Is the arrest legal? Explain. 2.5%
- II -
The Samahan Ng Mga Mahihirap (SM) filed with the Office of the City
Mayor" of Manila an application for a permit to hold a rally on
Mendiola Street on September 5, 2006 from 10:00 a.m. to 3:00 p.m. to
protest the political killings of journalists. However, the City Mayor
denied their application on the ground that a rally at the time and
place applied for will block the traffic in the San Miguel and Quiapo
Districts. He suggested the Liwasang Bonifacio, which has been
designated a Freedom Park, as venue for the rally.
1. Does the SM have a remedy to contest the denial of its
application for a permit? 2.5%
2. How should a wage distortion be settled?
3. Does the availability of a Freedom Park justify the
denial of SM's application for a permit? 2.5%
4. Assuming that despite the denial of SM's application
for a permit, its members hold a rally, prompting the police to arrest
them. '- Are the arrests without judicial warrants lawful? 2.5%
- III -
The President issued Proclamation No.1018 placing the Philippines under
Martial Law on the ground that a rebellion staged by lawless elements
is endangering the public safety .Pursuant to the Proclamation,
suspected rebels were arrested and detained and military tribunals were
set up to try them. Robert dela Cruz, a citizen, filed with the Supreme
Court a petition questioning the validity of Proclamation No.1018.
1. Does Robert have a standing to challenge Proclamation
No.1018? Explain. 2.5%
2. In the same suit, the Solicitor General contends that
under the Constitution, the President as Commander-in-Chief, determines
whether the exigency has arisen requiring the exercise of his power to
declare Martial Law and that his determination is conclusive upon the
courts. How should the Supreme Court rule? 2.5%
3. The Solicitor General argues that, in any event, the
determination of whether the rebellion poses dangers to public safety
involves a question of fact and the Supreme Court is not a trier of
facts. What should be the ruling of the Court? 2.5%
4. Finally, the Solicitor General maintains that the President
reported to Congress such proclamation of Martial Law, but Congress did
not revoke the proclamation. What is the effect of the inaction of
Congress on the suit brought by Robert to the Supreme Court? 2.5%
- IV -
State whether or not the following laws are constitutional. Explain
briefly.
1. A law prohibiting Chinese citizens from engaging in
retail trade. 2%
2. A law denying persons charged with crimes punishable by
reclusion perpetua or death the right to bail. 2%
3. A law fixing the terms of local elective
officials, other than barangay officials, to 6 years. 2%
4. A law changing the design of the Philippine flag. 2%
5. A law creating a state corporation to exploit, develop,
and utilize compressed natural gas. 2%
- V -
1. What is the function of the Senate Electoral Tribunal
and the House of Representatives Electoral Tribunal? 2.5%
2. What is the composition of each? 2.5%
3. Differentiate an election protest from an action for
quo warranto. 2.5%
4. What is a quasi-judicial body or agency? 2.5%
- VI -
1.
a) What is the principal identifying feature of a
presidential form of government? Explain. 2.5%
b) What are the essential characteristics of a
parliamentary form of government? 2.5%
2. What Constitutional provisions institutionalize the principle
of civilian supremacy? 2.5%
3. Does a Permit to Carry Firearm Outside Residence (PTCFOR)
constitute a property right protected by the Constitution? 2.5%
- VII -
Select the best answer and explain.
1. An accused's right against self-incrimination is
violated in the following cases: 5%
1. When he is ordered by the
trial court to undergo a paraffin test to prove he is guilty of murder;chanroblesvirtualawlibrary
2. When he is
compelled to produce his bankbooks to be used as evidence against his
father charged with plunder;chanroblesvirtualawlibrary
3. When he is ordered to produce a
sample of his handwriting to be used as evidence that he is the author
of a letter wherein he agreed to kill the victim;chanroblesvirtualawlibrary
4. When the president
of a corporation is subpoenaed to produce certain documents as proofs
he is guilty of illegal recruitment.
2. The legislature may abolish this body: 5%
1. Commission on
Appointments
2. Ombudsman
3. Judicial and
Bar Council
4. Court of Tax
Appeals
5. Commission on
Audit
- VIII -
1. Atty. Emily Go, a legitimate daughter of a Chinese
father and a Filipino mother, was born in 1945. At 21, she elected
Philippine citizenship and studied law. She passed the bar examinations
and engaged in private practice for many years. The Judicial and Bar
Council nominated her as a candidate for the position of Associate
Justice of the Supreme Court. But her nomination is being contested by
Atty .Juris Castillo, also an aspirant to the position. She claims that
Atty. Emily Go is not a natural-born citizen, hence, not qualified to
be appointed to the Supreme Court. Is this contention correct? 5%
2. Atty. Richard Chua was born in 1964. He is a legitimate
son of a Chinese father and a Filipino mother. His father became a
naturalized Filipino citizen when Atty .Chua was still a minorEventually, he studied law and was allowed by the Supreme Court to take
the bar examinations, subject to his submission to the Supreme Court
proof of his Philippine citizenship. Although he never complied with
such requirement, Atty. Chua practiced law for many years until one
Noel Eugenio filed with the Supreme Court a complaint for disbarment
against him on the ground that he is not a Filipino citizen. He then
filed with the Bureau of Immigration an affidavit electing Philippine
citizenship. Noel contested it claiming it was filed many years after
Atty. Chua reached the age of majority. Will Atty. Chua be disbarred?
Explain. 5%
- IX -
1. Where is the seat of the International Court of
Justice? 1%
2. How many are its members? 1 %
3. What is the term of their office? 1 %
4. Who is its incumbent president? 1 %
5. What is his/her nationality? 1 %
6. In 1980, the United States filed with the International
Court of Justice a complaint against Iran alleging that the latter is
detaining American diplomats in violation of International Law. Explain
how the International Court of Justice can acquire jurisdiction over
these contending countries. 5%
- X -
1. How is state sovereignty defined in International Law?
2.5%
2. Is state sovereignty absolute? 2.5%
3. What is the principle of auto-limitation? 2.5%
4. What is the relationship between reciprocity and the
principle of auto-limitation? 2.5%
NOTHING FOLLOWS.
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