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JayArhSals
A Compilation of the
Questions and Suggested Answers
In the
PHILIPPINE BAR EXAMINATIONS 2007-2013
In
POLITICAL LAW
Compiled and Arranged By:
Salise, Hector Christopher Jay-Arh Jr. M.
(University of San Jose-Recoletos School of Law)
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 1 of 168
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JayArhSals
FOREWORD
This work is a compilation of the ANSWERS TO BAR
EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
local law students and lawyers forum sites from 2011-2013
and not an original creation or formulation of the author.
The author was inspired by the work of Silliman Universitys
College of Law and its students of producing a very good
material to everyone involved in the legal field particularly the
students and the reviewees for free. Hence, this work is a
freeware.
Everyone is free to distribute and mass produce copies of this
work, however, the author accepts no liability for the content of
this reviewer, or for the consequences of the usage, abuse, or
any actions taken by the user on the basis of the information
given.
The answers (views or opinions) presented in this reviewer are
solely those of the authors in the given references and do not
necessarily represent those of the author of this work.
The Author
Never Let The Odds Keep You Fro
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
TABLE OF CONTENTS
(Titles are based on Sillimans Compilation [Arranged by Topic])
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Page 3 of 168
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JayArhSals
ARTICLE IV Citizenship
Dual Citizenship vs. Dual Allegiance (2009) .......42
Natural Born (2009) ........42
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Page 4 of 168
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JayArhSals
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 5 of 168
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JayArhSals
ARTICLE IX COMELEC
Commission En Banc; Jurisdiction (2012) .67
Grant of Pardon to Election Offenses (2010) .69
Election Laws
Never Let The Odds Keep You Fro
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 6 of 168
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JayArhSals
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 7 of 168
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JayArhSals
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 8 of 168
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JayArhSals
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 9 of 168
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JayArhSals
are
internal
waters
or
archipelagic
ALTERNATIVE ANSWER:
waters,
the
Philippines
7711discarded
the
multilateral
zones
the
definition
of
and
treaty
regulating,
continental
among
shelves
that
No.
7711
merely
loss)
regulates
maritime
exclusive
zones,
of
territory.
sea-use
rights
contiguous
economic
zones,
It
over
zones,
Kalayaan
Islands
and
the
an
delimitation
Philippines
internationally-recognized
of
the
breadth
maritime
of
zones
the
and
continental shelf.
and
RA
(or
finds
SUGGESTED ANSWER:
acquisition
court
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 10 of 168
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JayArhSals
SUGGESTED ANSWER:
of its
archipelagic
July 2011)
ALTERNATIVE ANSWER:
TRUE.
The
prime
duty
of
the
may
SUGGESTED ANSWER:
be
required,
under
conditions
Under
Article
of
the
around,
the
Constitution,
The
archipelago
waters
form
part
of
the
waters.
ARTICLE II Declaration of
Principles and State Policies
of
the
Embassy's
Maintenance
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 11 of 168
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air-conditioning
electrical
provides
that
units
the
and
JayArhSals
Agreement
shall
be
court
of
Makati.
ALTERNATIVE ANSWER:
Kafiristan
No,
the
cannot
invoke
maintenance standards.
embassy
under
Section
10
of
their
Regional
The
under
Trial
Section
Court
10
of
of
Makati.
the
Agreement,
from suit.
Under
these
facts,
can
the
Embassy
SUGGESTED ANSWER:
Bureau of Customs.
mission
function.
This
maintenance
is
sovereign
encompasses
and
upkeep.
its
The
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 12 of 168
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JayArhSals
function
is
governmental,
that
of
prosper? (5%)
SUGGESTED ANSWER:
of
Finance
also
enjoys
SUGGESTED ANSWER:
fines
and
penalties
(Mobil
ALTERNATIVE ANSWER:
inherent
namely
the
performs
power
power
of
of
governmental
sovereignty,
taxation;
it
if
the
importers
tallies
declaration
with
the
of
the
landed
the
suitable
landed
place
for
merchandise
inspection
to
(Mobil
functions
ALTERNATIVE ANSWER:
SCRA 298).
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 13 of 168
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JayArhSals
Republic
(Mobil
ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
of
the
Philippines
incidental
governmental
to
its
primarily
functions,
an
State immunity as
prosper
because
under
the
law,
government
code.
Furthermore,
18 SCRA 1120).
ALTERNATIVE ANSWER:
XYZ
Corporation
may
sue
the
leased
its
van
the
building
present
is
case,
under
the
their
municipal
control
and
cranes,
for
questioning
based
on
the
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 14 of 168
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JayArhSals
624).
ALTERNATIVE ANSWER:
crime.
The judgment of conviction should be
Lito initially resisted, but eventually broke
them
offense
about
their
rights
during
the
shall
have
the
right
to
be
investigation.
and
to
have
competent
and
presence of counsel.
confession.
ALTERNATIVE ANSWER:
Should the judgment of conviction be
The Judgment of conviction should be
SUGGESTED ANSWER:
SCRA 93).
the
extrajudicial
confession
of
the
independent.
Buan
is
not
City
Attorney
independent.
As
Juan
City
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 15 of 168
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JayArhSals
plan.
NHA
power
except
Pursuant
to
the
law,
well-maintained
the
drug
and
problem
itself.
Thereafter,
of
eminent
domain
(Heirs
of
NHA
Eminent
(2009)
Domain;
Socialized
Housing
that
his
property
is
being
of
eminent
domain,
strictly
Explain.
SUGGESTED ANSWER:
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
set up:
2 conditions:
was made
b. The expropriation is for socialized
housing therefore it must comply
with the order of preference of
the
other
acquisition
modes
have
of
been
exhausted; and
b. Parcels
owned
by
small
is
the
last
in
line
and
the
highly urbanized
acquisition
has
already
been
cities
and
exhausted.
housing:
1. Government lands
domain
3. Unregistered, abandoned or idle
SUGGESTED ANSWER:
lands
4. Lands within the declared areas
for priority development, zonal
improvement
slum
program
improvement
sites,
and
been acquired
6. Privately owned lands
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 17 of 168
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JayArhSals
expropriation
initiated
government unit.
SUGGESTED ANSWER:
by
local
the
property
for
residential
TRUE.
Under
the
Local
Government
offer
before
expropriation
repurchase
the
property
depends
Equal
Protection;
Responsible
Parenthood (2007)
the
condition
that
when
that
shall
revert
to
the
former
owner, then the former owner can reacquire the property (Heirs of Timoteo
Moreno vs. Mactan-Cebu International
Airport Authority, 413 SCRA 502 [2003]).
that
the
parenthood
city
promotes
and
upholds
operated
by
the
city
from
devices
and
surgical
planning
however,
judgment
in
the
expropriation
case
programs.
continue
Private
to
clinics,
render
family
clients.
REPUBLIC.
(a)
Is
the Executive
Order in
any
way
Offer (2010)
No. XIII. a. A valid and definite offer to buy
a
property
is
pre-requisite
to
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 18 of 168
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means
their
the
hospitals
addition,
religious
convictions
from
and
prescribing
artificial
to
JayArhSals
control
the
their
Mayor
reproductive
cannot
issue
Order without
an
such Executive
who
city
rely
on
the
services
of
privacy.
Moreover, the 1987 Constitution states
ALTERNATIVE ANSWER:
and
prosperity
demands
and
independence
of
the
of
responsible
parenthood
through
ALTERNATIVE ANSWER:
policies
that
provide
employment,
rising
standard
of
1987
suspect
only
classification.
It
also
goes
Constitution provides
and
not
the
use
of
contraceptives
(Record
Constitutional
Commission,
provision.
that the
artificial
of
Vol.
the
IV.
ALTERNATIVE ANSWER:
The Executive Order is constitutionally
SUGGESTED ANSWER:
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 19 of 168
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JayArhSals
judge
this
case,
will
you
exonerate
SUGGESTED ANSWER:
freedom
government
on
Human
Rights,
G.R.
No.
96681,
December 2, 1991.)
of
religion
must
must
pursue
prevail.
its
secular
greatest
extent
possible
within
of
Religion;
Benevolent
Although the morality contemplated by
could
does
living
interest.
with
husband,
a
for
married
the
man,
last
not
15
her
allow
not
for
accommodation
offend
compelling
of
state
years.
that
arrangement,
outright.
but
maintains
that
this
the
court
make
an
individual
Observers,
was
severely
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 20 of 168
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their
religion,
but
also
violated
the
exercising
JayArhSals
his
freedom
of
speech
and
answer.
SUGGESTED ANSWER:
case
will
not
prosper.
The
expulsion/excommunication of members
of a religious institution/organization is
state had
act
of
lawless
violence.
(David
vs.
Prohibitions (2007)
SUGGESTED ANSWER:
Commercial speech is communication
which
involves
commercial
constitutional
the
only
speech
is
entitled
protection.
to
(Ayer
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 21 of 168
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JayArhSals
(Pharmaceutical
and
Health
Care
infringed?
SUGGESTED ANSWER:
Destilleria Felipe Segundo cannot claim
that
infringed.
association
its
constitutional
In
this
rights
case,
formed
by
were
private
advertising
restraint
and
subsequent
SCRA 441.)
advertisement
freedom
of
does
speech
not
violate
(Times-Picayune
345
ALTERNATIVE ANSWER:
anyos?"
Very
soon,
activist
groups
U.S.
its
[1953];
Columbia
claim
that
594
infringed.
constitutional
The
rights,
constitutional
the
out
(a)
All
of
advertising
the
"kinse
companies
anyos"
in
advertising
is
therefore
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
Freedom
ALTERNATIVE ANSWER:
restricted
morals.
(Carey
political
(Central
Segundo
to
or
promote
artistic
good
speech.
of
speech
vs.
extends
Population
through
to
Services
the
fear
of
of
ALTERNATIVE ANSWER:
and
to
that
namely,
controlled corporations
carries
the
(GOCC)
"kinse
anyos"
the
prevention
of
the
exploitation
ALTERNATIVE ANSWER:
The
Can
the
GOCCs
and
sequestered
and
GOCCs
abuse
of
and
women,
sequestered
SUGGESTED ANSWER:
media
corporations
and
the
government
companies
carrying
the
said
companies
cannot
block
any
advertising
funds
station
advertisements
which
of
carries
Destilleria
and
non-
the
Felipe
concerned
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
There
demonstrations
whether
in
many
universities,
are
three
or
tests
not
to
there
determine
was
valid
State
university,
circular
is
right to prevent.
University,
adopted
public
university-wide
clear
and
present
danger
of
the
protest
conducted
by
the
demonstrations.
not
prohibition
subsequent liability.
even
occur.
imposed
Therefore,
by
the
the
circular
SUGGESTED ANSWER:
The wearing of black shirts is an exercise
of
(2009)
freedom
necessarily
of
expression
freedom
of
and
not
assembly.
the
Constitutional
guaranty
No.XV. The KKK Television Network (KKKTV) aired the documentary, "Case Law: How
the
Supreme
Court
Decides,"
without
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
restraint
freedom
danger
is
of
(New
an
abridgment
expression.
York
There
Times
vs.
of
is
the
no
United
SUGGESTED ANSWER:
with
the
University
of
the
The
contention
of
KKK-TV
is
not
Review
and
Classification
Board
(5%)
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 25 of 168
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SUGGESTED ANSWER:
religion.
JayArhSals
(Everson
vs.
Board
of
Explain. (2%)
Mills
Employees
Philippine
Organization
Blooming
Mills
vs.
Company,
SUGGESTED ANSWER:
SUGGESTED ANSWER:
freedom
of
exercise of
religion
(2)
The
evidence
was
inadvertently
non-establishment
clause
of
profess
a belief
or disbelief
in
any
Appeals
a Motion
to
Fix
Bail
for
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
SUGGESTED ANSWER
judgment
he
health
(Section
is
rendered
or
in
case
as may be provided
6,
Article
III
by law.
of
the
imposed
by
the
Court
of Appeals
as
jurisdiction
over
him.
(Santiago
vs.
SUGGESTED ANSWER
The right to change abode and the right
to travel are not absolute. The liberty of
changing abode may be unpaired upon
order of the court. The order of the
Court
of
Appeals
is
lawful,
because
Overbreadth
Doctrine
vs.
Void
for
Vagueness (2012)
No. VIII. (a) What is the doctrine
of
SUGGESTED ANSWER:
statute
is
governmental
prevent
overbroad
purpose
activities
to
when
control
or
constitutionally
be achieved
by means which
sweep
any? (5%)
Never Let The Odds Keep You Fro
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 27 of 168
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JayArhSals
Overbreadth
Vagueness (2010)
challenge
on
the
ground
of
No.
XXIV.
Overbreadth
Doctrine
vs.
Compare
doctrine
Void
for
and
contrast
from
void-for
vagueness doctrine.
SUGGESTED ANSWER:
in
terrorem
effect.
(Southern
(NOTE:
should
read
The
word
overbreath
overbreadth
because
breath.)
its
Explain (5%)
meaning
Overbreadth
statute
is
vague
when
it
lacks
statutes.
differ
as
to
its
ALTERNATIVE ANSWER:
SUGGESTED ANSWER
A
and
However,
and Void
for Vagueness
their faces
(FACIAL CHALLENGE)
facial
Overbreadth
governmental
purpose
may
does
achieved
means
which
sweeps
and
thereby
not
(Southern
apply
to
penal
Hemisphere
statutes.
Engagement
by
unnecessarily
doctrine
broadly
decrees
that
not
be
for vagueness
doctrine"
which
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 28 of 168
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men
must
of
common
intelligence
JayArhSals
(2010)
summarily
plant
within
Laoag
City.
released
through
nearby
creek,
abated
by
the
city
nuisance.
This
was
ignored.
An
the
president
of
ABC.
The
city
address
the
pervasive
problem
of
gambling,
prompting
for
gambling;
(2)
allow
gambling
only
on
Sundays;
(3)
allow
gambling
only
in
reasons.(3%)
SUGGESTED ANSWER:
ABC
to
file
petition
Congress
is
considering
the
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
imposed.
the
means
the
employed
necessary
for
number
Taxes
of
on
non-useful
persons
who
might
[1955]).
Basis of the exercise of police power:
(1) Sic utere tuo et alienum non laedas
use your property so that you do not
injure that of another
killing.
the
the
SUGGESTED ANSWER:
constitutional
limitations
on
necessary
for
the
The
accused
objects
to
the
(3%).
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
Never Let The Odds Keep You Fro
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 30 of 168
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JayArhSals
heated
its
right
153 [1999]).
words
was
not
private,
to
peaceably
assemble
is
not
anti-wire
tapping
law.
Heated
ALTERNATIVE ANSWER:
authorities
Assembly
the
protesters
the
conduct
Law
of
all
of
1985,
protest
regulates
rallies
in
Philippines.
should
to
have
disperse
asked
and
if
the
they
dispersed peacefully.
ALTERNATIVE ANSWER:
exercises
delegated
administrative
SUGGESTED ANSWER:
the
President
agencies.
and
Local
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 31 of 168
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JayArhSals
ALTERNATIVE ANSWER:
example,
hazard
were
marching
peacefully
to
other
motorists
but
not
government.
march,
They
were
driving
at
50
the
security
force
may
not
ALTERNATIVE ANSWER:
In
the marchers?
SUGGESTED ANSWER:
advise
the
leaders
to
secure
accordance
with
the
policy
of
their
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 32 of 168
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United
States
which
could
JayArhSals
involve
(DND)
KKM
contracts
Government
right
constitutional
right
of
the
people
to
is
to have access
entered
in
to
the
into
by
the
exercise
information
to
of
under
its
the
entitled
7,
Article
III
of
the
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
ALTENATIVE ANSWER:
contract,
the
information
sought
be protected.
between
States
and
is
considered
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 33 of 168
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JayArhSals
(2009)
when
he
got
into
heated
cannot
afford
the
services
of
the
Miranda
rights
available
only
admissions,
during
are
custodial
confessions
or
any
ALTENATIVE ANSWER:
known
to
and
understood
by
him.
lawyer
an
own
(Gamboa
[1998]).
of
his
choice;
that
being
choice
vs.
from
the
Cruz,
United
162
States
SCAR
642,
is
entitled
thereto
under
the
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 34 of 168
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outlawed
capital
punishment,
JayArhSals
should
Reasons.
SUGGESTED ANSWER:
of
the
offense,
the
evidence
to
prove
mitigating
SUGGESTED ANSWER:
an
jurisdiction
essential
of
the
element
Court
and
for
first
(3%)
SUGGESTED ANSWER:
jeopardy.
ALTERNATIVE ANSWER:
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 35 of 168
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JayArhSals
validly
vendors.
entered
appropriate
his
court
plea
having
before
the
jurisdiction
consent.
Explain (5%)
plea
of
guilty
but
during
the
of
self-defense.
the
SUGGESTED ANSWER
Brown is not entitled to counsel during
the police line-up. He was not yet being
asked to answer for a criminal offense.
(Gamboa vs. Cruz, 162 SCRA 642.)
of
not
guilty.
The
validity
of
an
eyewitness
to
the
crime
(3%)
Brown
would
(2012)
as
be
entitled
suspect
to
and
the
was
custodial
investigation.
(People
vs.
Rights". (2%)
SUGGESTED ANSWER
The
Miranda warning
person
in
custody
means
who
that
will
a
be
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 36 of 168
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JayArhSals
Arnold
did
not
contest
the
guard's
following:
(b)
Anything
said
can
be
used
as
SUGGESTED ANSWER:
Silent (2013)
The court was wrong in relying on the
No.VII. As he was entering a bar, Arnold -
silence
remain
nugatory.
matchbox
contained
marijuana,
he
of
Arnold
silent
during
would
Considering
the
be
that
police
rendered
his
right
the police.
ALTERNATIVE ANSWER:
At the police station, the guard narrated to
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 37 of 168
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JayArhSals
that
custodial
ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
The
the
suspect
under
insufficient.
right
apply
against
to
the
self-incrimination
not
production
of
Rights
of
the
Accused;
Self-
Incrimination (2010)
ALTERNATIVE ANSWER:
permit
the
copying
of
relevant
on
Human
Rights
(CHR)
cell where
the
testimonial
right
is
simply against
compulsion.
prohibition
also
compulsion
for
extends
the
But
the
to
the
production
of
Page 38 of 168
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JayArhSals
the
in the order.
regulation
and
the
promotional
to
Liberty;
Presentability
of
Policemen (2008)
ALTERNATIVE ANSWER:
The circular is a valid exercise of police
power. The rule-making power is vested
in congress however, it can be delegated
to administrative agencies pursuant to a
valid
delegation
within
the
scope
and
the
SUGGESTED ANSWER:
characteristics
requiring
military
life,
thus
4. it must be reasonable
peace
behavior
The
secure
community.
and
presentableness.
and
order
peace
through
and
This
is
order
to
the
in
boost
PNP.
the
the
with dedication.
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 39 of 168
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JayArhSals
ALTERNATIVE ANSWER:
(2009)
The warrantless arrest of the accused
No. VII. Crack agents of the Manila Police
suspicious
indicate
prohibited
drugs
were
rumored
to
be
(People
[2003]).
policemen. The
the
man,
team
introduced
circumstances
that
vs.
he
was
Tudtud,
that
would
committing
412
SCRA
142
SUGGESTED ANSWER:
evidence
[1997]).
is
admissible
because
the
(2008)
(2%)
SUGGESTED ANSWER:
reliable
information
the
area
was
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 40 of 168
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JayArhSals
be inadmissible.
accused, what
531 [1985])
defense? (4%)
SUGGESTED ANSWER:
(2010)
Constitution)
(1)
of
and
assailants
vs.
the
which
capsules
Nuevas,
G.R.
guarantees:
seized,
No.
(3)
170233
Feb.
escaped
using
yellow
22,2007).
(3%)
house
SUGGESTED ANSWER:
at
Sta.
Ines
Street
inside
the
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 41 of 168
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JayArhSals
dual allegiance
SUGGESTED ANSWER:
SUGGESTED ANSWER:
344
SCRA
663
[2000]).
The
national
involuntary.
by
those
states
and
is
vs.
Bolasa,
321
SCRA
459
[1999]).
against
unreasonable
searches
and
ARTICLE IV Citizenship
(2009)
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 42 of 168
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JayArhSals
Naturalization
Marriage
deemed
she
Law,
to
because
Warlito,
to
have
she
should
become
possesses
of
none
her
be
Filipino
of
the
SUGGESTED ANSWER:
NO. Shirly will not become a Filipino
of
no.
be
citizenship.
NATURAL
BORN.
Philippine
Reacquisition
Citizenship
under
RA
entitled
to
derivative
Philippine
acquire
Philippine
2630).
may
citizenship
in
the
most
speedy
procedure
Citizenship,
will
shirly
also
become
citizen,
Warlitos
will
not
because
become
under
RA
of
Filipino
Philippine
accordance
with
the
ground
Section
15
SUGGESTED ANSWER:
9225,
on
amended.
reacquisition
registration
JUDICIAL
SUGGESTED ANSWER:
Shirley
through
that
of
in
the
Only
LUISA
shall
acquire
Philippine
9225.
whether
The
unmarried
legitimate,
children,
illegitimate
or
to
derivative
Philippine
citizenship.
Never Let The Odds Keep You Fro
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 43 of 168
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JayArhSals
because
of
the
influence
ARTICLE VI Legislative
Department
of
Professional
Responsibility
and
for
Constitution.
in
won
the
in
Philippines
the
and
party
list
Is
the
cited
ground
for
disbarment
meritorious? (6%)
labor
As
part
of
the
counseling,
party's
advocacy
particularly
for
local
appearing
collective
handling
bargaining
negotiations
with
as
counsel
labor
before
cases
quasi-
constitutes
involvement
invariably
largely
there.
takes
Congressman
passive
proceedings
although
speaks
supplement
to
he
role
Abling
in
the
occasionally
the
retained
The
Bureau
involved
in
in
collective
of
Labor
bargaining
Relations
collective
is
bargaining
lawyers,
feeling
that
of
law.
Suspension
is
the
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 44 of 168
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JayArhSals
The
general
rule
is
that
an
ALTERNATIVE ANSWER:
No,
Congressman
Abling
cannot
be
unconstitutional
does
not
entail
personal
appearance
of
law
nullity,
remains
declaration
may
be
left
ALTERNATIVE ANSWER:
It can never be invoked to validate as
No, the ground for disbarment is not
over (2010)
No.XX. Define/Explain
SUGGESTED ANSWER:
DOCTRINE
OF
IMPLICATION
provides
that
NECESSARY
every
statute
is
SUGGESTED ANSWER:
to
make
rights,
powers,
effective
all
such
collateral
and
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 45 of 168
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JayArhSals
SUGGESTED ANSWER
over
Electoral
the
petition.
Tribunal
The
is
Presidential
not
simply
an
SUGGESTED ANSWER:
separate
from
(Macalintal
PRINCIPLE OF HOLDOVER
vs.
the
Supreme
Presidential
Court.
Electoral
functions
official
continue
may
remain
in
performing
his
office
SUGGESTED ANSWER
The
Supreme
jurisdiction
Electoral
if
Court
would
it
were
Tribunal
who
the
have
Senate
issued
the
of
Representatives
Electoral
speech
charging
the
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 46 of 168
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and
the
House
unanimously
of
Representatives
approved,
resolution
JayArhSals
nature
of
the
inquiry.
Since
fraudulent activity.
subvert
appeared,
Nonoy
to
move
prompting
for
the
any
investigation
in
aid
of
Chartered
Bank
[Philippine
arguments:
(a)
The
subject
of
the
legislative
the
legislative
inquiry
would
preempt
judicial action;
issue,
SUGGESTED ANSWER:
obstructing
influencing
the
the
court,
or
administrations
of
justice.
The argument is untenable, the mere
filing of a criminal or an administrative
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 47 of 168
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would
violate
their
constitutional
right
the
foregoing
JayArhSals
arguments
tenable?
No.
XVIII.
The
House
Committee
on
SUGGESTED ANSWER:
anomalous
disbursements
of
the
criminal
proceeding
summoned
as
but
resource
are
merely
persons,
or
(DBM).
Implicated
in
the
questionable
against
altogether
when
self-incrimination,
question
incriminating
(Standard
answer
Chartered
calling
is
Bank
for
an
propounded
[Philippine
why not?
SUGGESTED ANSWER:
prosecution
No.
the
Governor
cannot
invoke
or
persecution.
The
mandatory
order
of
and
the
can
be
President
compelled
can
invoke
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 48 of 168
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JayArhSals
to attend.
SUGGESTED ANSWER:
The
inquiry
is
in
aid
of
invoke
executive
privilege
SUGGESTED ANSWER:
the
plenary
powers
of
the
in
the
heart
of
Manila
to
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 49 of 168
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lower
than
40%
in
any
subject
is
JayArhSals
constitutional.
Region
SUGGESTED ANSWER:
Court
to
promulgate
rules
to
attract
construction
investors.
of
roads
The
around
plan
the
society
watchdog
questioned
the
SUGGESTED ANSWER:
of
Justice,
301
SCRA
96
although
benefited
of separation of powers.
it
may
indirectly
Congresswoman
but
the
ALTERNATIVE ANSWER:
for
all
industrial
estates
is
Congress
retains
the
power
to
sanctioned
unconstitutional
because
it
is
prejudicial.
by
the
House
of
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 50 of 168
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JayArhSals
notify
the
House
concerned
of
the
initially
funded
500
million
pesos
by
the
joint-congressional
oversight
SUGGESTED ANSWER:
implementing
rules.
Mang
Committee.
vetoed
but
only
specific
items.
(b)
SUGGESTED ANSWER:
the bill.
It
violates
the
executive
power.
(Abakada
Oversight
Committee
(2010)
and
is
No.VI.
The
Poverty
Alleviation
an
unfair
interference
with
the
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 51 of 168
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JayArhSals
of
than an overseeing.
House of Representatives;
personal
liberty
or
property
SUGGESTED ANSWER:
R.A. No. 7941. This is to ensure that the
Party-list
Representative;
Formula
party-list
organizations
at
least
allocation (2007)
allocating
seats
for
party-list
number
congressmen
shall
of
not
all
party-Iist
exceed
twenty
5(2),
least
constituency
have
which
substantial
must,
at
the
Article
VI
of
the
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Section
at
they
to promote the
who
might
otherwise
have
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 52 of 168
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JayArhSals
SUGGESTED ANSWER:
predicated,
among
others,
on
SUGGESTED ANSWER:
NO,
qualified
who
Foreign
obtained
less
votes.
The
votes
Kabaka
and
as
Rudy
party-list
Ministry
will
not
and
be
nominee
foreign
based
organization.
It
the
party-list
system.
is
KABAKA
therefore
is
indirectly
disqualified
to
be
(Veterans
party-list system:
Party-List; Foreign Funding (2010)
1. It
is
religious
denomination,
sect
or
organization
or
purposes;
leaders through
is
foreign
party
or
organization;
4. It is receiving support from any
foreign
political
Ministry,
which,
in
turn
is
government,
party,
foreign
foundation,
allocated
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 53 of 168
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JayArhSals
purposes;
5. It violates or fails to comply with
SUGGESTED ANSWER:
to elections;
6. It declares untruthful statements
in its petition;
7. It has ceased to exist for at least
preceding
two
elections
for
the
on
the Commission
on
Constitution
Mison,
159
(Sarmiento
SCRA
549).
III
Since
v.
the
confirmation
Department
Appointments.
by
the
Commission
on
appointed
eight
Appointments (2010)
acting
Cabinet
appointments in
a petition
before
the
Member.
The
Commission
on
ad interim
as career ambassador?
SUGGESTED ANSWER:
The
career
assume
his
Ambassador
cannot
position
as
re-
career
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 54 of 168
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JayArhSals
or controlled corporations
SUGGESTED ANSWER:
as
Ambassador
when
he
tenure. (Section
agencies,
including
government-
original
charters.
But
the
Constitution).
NO.
an
interim
appointment
appointment
made
by
the
is
an
President
Corporation
[1969]).
appointment
and
shall
by
the
or
Commission
until
the
on
next
adjournment of congress.
re-assume
No. IX.The
no
as
career
(CLSU).
An
exiled Myanmar
informed
the
President
of
the
chancellor
instruction
of
CLSU
violates
argued
the
that
the
Constitution.
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 55 of 168
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SUGGESTED ANSWER:
The
argument
of
JayArhSals
the
chancellor
of
false.
Since
it
is
an
aspect
of
23(2),
Constitution,
Article
there
VI
must
of
be
the
law
ALTERNATIVE ANSWER:
enactment
ALTERNATIVE ANSWER:
before
the
President
can
exercise them.
allowance
of
such
entry
poses
security.
Declaration;
State
of
National
Emergency (2010)
No. VII.a. A proclamation of a State of
emergency
is
sufficient
to
allow
the
SUGGESTED ANSWER:
SUGGESTED ANSWER:
the
abrogation. If
the
legislative
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 56 of 168
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JayArhSals
treaty.
ALTERNATIVE ANSWER:
is
no
constitutional
provision
FALSE.
Granting
tax
exemptions
recent
jurisprudence,
the
(2008)
Therefore,
the
President
as
the
himself.
treaty
which
provides
tax
statement
provides
tax
that
Office of the
President. The
Executive
treaty
exemption
which
needs
SUGGESTED ANSWER:
no
law,
tax
the
not
exemption
treaty,
which
granting
requires
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 57 of 168
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JayArhSals
deliberations
erring Judges.
effect
of
removing
the
penalty
to
and
decision-making
of
the
deliberations
process
Based
comprising
by
on
officials
which
common
and
not
part
of
governmental
law
privileged
subject
to
it
greater
scrutiny.
Privilege; Presidential Communications
vs. Deliberative Process (2010)
No.
VIII.
Distinguish
presidential
process privilege.
Judicial Department; Judicial Service
SUGGESTED ANSWER:
(2013)
privilege
which
presidential
communication
are
privilege
or
the
other
of the
Court
of Appeals; she
Privilege:
communications,
Communication
to
materials
that
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 58 of 168
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JayArhSals
Appeals Justice.
to
the
NLRC
Commissioner,
and
Functions
of
the
(2013)
No. IX. Conrad is widely known in the
neighbourhood as a drug addict. He is also
suspected of
being
member
of
the
broken
into
and
looted
has
been
nicknamed
"terror
of
allowances,
and
Presiding
clear,
the
salary,
and
Presiding
benefits
as,
that
benefits
retirement
those
it
of
only
allowances,
to
that
the
allowed
retirement
of
the
however,
did
not
mention
afterwards.
the
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 59 of 168
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JayArhSals
to
the
resulted
police.
from
When
the
nothing
police
concrete
investigation,
Since
there
has
been
an
enforced
writ is applicable.
and
responsible
for
Conrad's
disappearance.
SUGGESTED ANSWER:
Colonel
responsible
SUGGESTED ANSWER:
Sangre
for
cannot
be
held
the disappearance
of
(Rubrico
to
appropriate
vs.
enable
Macapagal-Arroyo,
the
court
remedies
to
613
craft
against
the
the
ALTERNATIVE ANSWER:
Although
writ
of
pinpoint
criminal
disappearance,
amparo
does
culpability
it
for
not
a
determines
for
appropriate
the
purpose
of
remedy.
imposing
the
Responsibility
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 60 of 168
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JayArhSals
SUGGESTED ANSWER:
598).
beneficiary
of
the
financial
legal
ALTERNATIVE ANSWER:
by
the
improper
screening
the
(Province
of
beneficiary
[2004]).
disappearance
of
of
Conrad
because
families.
of
Besides,
since
the
The
Poverty
Alleviation
and
initially
funded
500
million
pesos
by
show
gave
transcendental importance.
the
joint-congressional
oversight
that
the
issue
involved
is
of
rules.
smokey
implementing
in
resident
Tondo,
of
questioned
the
or
offenses
punishable
by
reclusion
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 61 of 168
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JayArhSals
1987 Constitution).
SUGGESTED ANSWER:
because
of
the
to
supplement
the
promulgated
by
repeal,
rules
the
alter
of
Court.
(Echegaray
vs.
Secretary
or
procedure
Supreme
of
present
constitution,
the
judge
ALTERNATIVE ANSWER:
ALTERNATIVE ANSWER:
The law is valid, because the grant of a
No, it will be unconstitutional because it
right
substantive
which
are
legally
demandable
to
trial
law
by
and
jury
involves
is
within
a
the
and
instrumentality
of
the
Government
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 62 of 168
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with
reclusion
perpetua
or
JayArhSals
life
(2%)
SUGGESTED ANSWER:
the
the Constitution.)
protection
and
enforcement
of
(2%)
Congress
cannot
encroach
to
the
SUGGESTED ANSWER
expressly
Constitution.
The
given
by
interference
the
of
to
settle
justiciable
controversies
or
rights
are
of powers.
that
disputes
involving
enforceable
and
Power (2012)
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 63 of 168
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JayArhSals
accepting
practicing
bribes.
lawyers
crimes
or
for
Grey,
errant
which
public
Ombudsman
over
known
investigation
officials,
initiated
an
are
performance
Section
not
of
13(1),
Constitution,
connected
their
Article
the
with
duties.
XI
the
Under
of
the
Ombudsman
can
SUGGESTED ANSWER
SUGGESTED ANSWER
Since
the
Constitution.)
upon
the
complaint
the
administrative
refers
exclusive
supervision
to
power
of
of
the
ARTICLE IX Constitutional
Commissions
Rotational Scheme (2010)
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 64 of 168
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JayArhSals
No. XXV.
(a) What is the rational scheme of
Commission
SUGGESTED ANSWER:
Appointment; Relatives (2008)
The rational scheme of appointments in
the COMELEC refers to the appointment
No.XII..
of
The
Mayor
City
as
City
its
appointed
but
by
Commissioner
members
not
and
simultaneously
wife,
Jose
of
the
his
of San
Amelia,
workability?
City
SUGGESTED ANSWER:
Commission
Mayor.
Should
approve
the
Civil
the
Service
promotional
The
first
Commissioners
Chairman
should
start
and
on
the
if
at
promotional
the
time
of
prohibits
the
appointment
of
SUGGESTED ANSWER:
Constitution).
promotional appointment.
However, if at the time of appoint the
Mayor and Amelia is not yet married and
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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thereafter
married
each
other,
the
The
JayArhSals
statement
that
person
who
as valid appointment.
of
the
authority
making
designation
SUGGESTED ANSWER:
No.XI.b. A de facto public officer is, by
FALSE. The Rule on Nepotism extends to
designation,
and
promotional
195 [1991]).
TRUE.
de
facto
public
officer
SUGGESTED ANSWER:
(2010)
FALSE. A de facto officer occupies a
valid existing office however under a
SUGGESTED ANSWER:
validly
created.
(Tuanda
vs.
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 66 of 168
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JayArhSals
Acquisition
of
civil
service
ALTERNATIVE ANSWER:
to a permanent appointment.
SUGGESTED ANSWER:
TRUE. There is a need for another
appointment for permanency (Province
ARTICLE IX COMELEC
ALTERNATIVE ANSWER:
(2012)
government,
including
every
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 67 of 168
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JayArhSals
(b)
Warranto
Pink
had
because
gained
of
her
advantage
activities
over
him
before
the
Distinguish
in
briefly
elective
between
office
and
Quo
Quo
SUGGESTED ANSWER:
period.
SUGGESTED ANSWER:
proclaimed
elected.
(Sinsuat
vs.
days
administrative
elected candidate.
powers
of
the
after
the
proclamation
of
the
between
SUGGESTED ANSWER:
It is the Solicitor General, a public
The petition should be denied. Under
Section 80 of the Omnibus Election
Code,
to
be
liable
for
premature
he
filed
his
certificate
of
the
cause
of
action
accrued.
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
clemency is
(2010)
because
it
was
effective
granted
with
constitutional
may
grant
infirmity.
executive
The
clemency
for
Acting
on
the
favorable
Election Laws
Election
Protest;
Substitution;
Quo
Warranto (2009)
Filipino
citizenship
and
his
one-year
elective
Under
office
Section
but
not
40
immediately.
of
the
Local
before
the
deadline
set
by
law.
His
will
you
file
such
action/s?
Reasons. (2%).
SUGGESTED ANSWER:
File
favorable
the
recommendation
of
with
ground
of
COMELEC
material
in
division,
representation
ALTERNATIVE ANSWER:
Never Let The Odds Keep You Fro
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 69 of 168
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JayArhSals
replace
showing that:
the
candidate
who
dies,
(sec.76, OEC).
a. The COC was filed to put the
election process in a mockery
or disrepute
similarity
of
names
of
other
circumstances
or
prevent
registered candidates
c. By
faithful
issue
citizenship
of
his
and
candidacy
residence
and/or
still
be
Electoral
eligibility
SUGGESTED ANSWER:
elective position.
by
any
Tribunal
to
questioning
continue
citizen
of
to hold
the
his
such
Philippine
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
objections
and
ruled
to
include
the
SUGGESTED ANSWER:
NO. COMELECs Jurisdiction over preproclamation
cases
pertains
only
to
assumed to office.
three
Polomolok.
municipalities
During
the
including
canvassing
elections,
candidate
MP
House
of
Representatives,
no
pre-
relating
transmission,
to
the
receipt,
preparation,
custody
and
manufactured,
submitting
evidence
the
of
affidavit
as
mayoralty
10 elections
from non-existent
returns
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 71 of 168
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JayArhSals
(2008)
in
the
2004
elections,
his
though
the
decision
was
material
Governor.
later
overturned
when
COMELEC
advice? (3%).
SUGGESTED ANSWER:
office as Governor?
SUGGESTED ANSWER:
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 72 of 168
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JayArhSals
of
votes
in
the
recall
will
Vacancy:
(2008)
Yes,
because
recall
Panlalawigan
died
succeeded
SUGGESTED ANSWER:
Sangguniang
and
him
Vice-Governor
by
operation
Cesar
of
law.
is
an
was elevated to
the
position of Vice-
SUGGESTED ANSWER:
[1999]).
The
(c) Can Governor Diy refuse to run in the
vacancy
shall
be
filled
in
the
following manner:
position as governor?
Benito
is
affiliated
with
SUGGESTED ANSWER:
recall
election.
considered
candidate.
He
as
is
automatically
duly
(Section
71,
registered
Local
Government Code).
appointee
from
official
the
of
the
political
highest
party.
ALTERNATIVE ANSWER:
election).
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 73 of 168
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be
filled
by
the
PRESIDENT
JayArhSals
ARTICLE X Local
The
confiscation
of
drivers
Government
Boundary Dispute Resolution; LGU; RTC
(2010)
SUGGESTED ANSWER:
to
budget year.
However,
the
General
President.
(2010)
drivers
license
in
the
SUGGESTED ANSWER:
SUGGESTED ANSWER:
grant
the
Development
Metropolitan
Authority
to
manila
enact
to
confiscate
drivers
license
taxes
which
shall
be
Reforms
and
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 74 of 168
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JayArhSals
SUGGESTED ANSWER:
be
imposed
by
the
national
the
President.
May
the
Bataan
general welfare.
SUGGESTED ANSWER:
Yes. A congressman from a particular
LGU
may
validly
have
standing
to
MUNICIPAL
released
the
Code.
his
Constitution.
in
As
presented
accordance
with
representative
Moreover,
could
be
of
the
issue
characterized
as
CORPORATION
BY
Corporation;
De
facto
vs.
Leyte,
passed
ordinance
no.
1234,
Estoppel (2010)
No.XX Define/Explain
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
Pubs (2010)
Sangguniang
Panlalawigan
of
Leyte
would
be
needless
of
the
ordinance
correct?
SUGGESTED ANSWER:
Explain.
SUGGESTED ANSWER:
the
power
of
eminent
domain
only
by
legislative
body
of
from
pursuing
their
calling
or
power,
safeguard
[2005]).
purpose.
This
determination
is
the
disapproval
ordinance is incorrect.
of
public
its
purpose
health.
is
to
(Beltran
vs.
not
ALTERNATIVE ANSWER:
because
the
Jurisprudence
dictates
that
an
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 76 of 168
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1. Must
not
contravene
the
constitution;
JayArhSals
3. Must be reasonable;
78[2008]).
be
applicable
within
its
ARTICLE XI Accountability
that
general
the
interest
public
of
requires
the
of Public Officers
Discipline; Preventive Suspension (2009)
the
purpose
Secretary
of
Education
preventively
safety
of
its
populace.
AIDS
is
an
Maximino
the
health.
However,
how
good
the
guilty,
and
ordered
his
case.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 77 of 168
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JayArhSals
back
imposed
the
penalty.
Being
the
wages
from
should
not
actively
prosecuting
and
participate
Maximino
in
he
his
Education
impartial
and
of
appeal
be
punitive,
time
was
the
was
(National
624 [2005]).
No.V. As a leading member of the Lapiang
(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%)
Mandirigma
the
House
of
SUGGESTED ANSWER:
in
because
he
agreement
entered into
an
with
US
the
US relations.
to
back
wages
and
other
Cite
at
least
two
(2)
grounds
for
ALTERNATIVE ANSWER:
The President can be impeached for
Maximo cannot recover back salaries
and
betrayal
of
public
trust.
The
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 78 of 168
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JayArhSals
public
approving
vs.
The
of
Congressional
President
Constitutional
Zamora,
342
President
p.272).
In
SCRA
Quirino,
499).
Commission,
his
oath
of
Vol.
office,
II,
officer
or
gave
includes
granting
the
knowingly
any
U.S.
license,
Navy
the
the
(2)
Culpable
Violation
of
the
ALTERNATIVE ANSWER:
the
3(d)
of
President
the
violated
Anti-Graft
and
except
Philippines
or
to
citizens
of
to
corporations
the
or
owned
citizens,
such
nor
shall
by such
franchise,
two
grounds
for
50 years.
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 79 of 168
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the
House
of
Representatives
JayArhSals
against
for trial.
political
misdemeanors.
(Bernas,
The
Commentary,
Conviction
because
not
the
verified
complaint
1)
2009
does
ed.,
not
p.
1150.)
prevent further
(c)
House
Plenary
for
consideration
as
Enumerate
the
grounds
for
SUGGESTED ANSWER
SUGGESTED ANSWER
The
following
are
the
grounds
for
impeachment:
Since he verified complaint was filed by
200
Members
of
the
House
of
1) Culpable
violation
2) Treason;
3) Bribery;
2,
3,
Article
XI
of
the
complaint
Constitution.
The
verified
the
Constitution;
Section
of
No.XI.d.
imposing
Decisions
disciplinary
SUGGESTED ANSWER
Never Let The Odds Keep You Fro
of
penalties
cases
the
in
Ombudsman
administrative
are
merely
recommendatory.
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 80 of 168
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SUGGESTED ANSWER:
FALSE.
Under
JayArhSals
his
it
its
the
finds
at
disciplinary
Section
fault
by
authority
15(3)
of
virtue
(Office
of
of
university,
premiere
educational
[2006]).
Unable to cope with the depression that his
non-admission triggered, Bobby committed
suicide. His family sued the school for
damages,
citing
the
school's
grossly
the
from
owning
private
lands
in
the
priority
consideration
that
the
youth.
Philippines.
SUGGESTED ANSWER:
your
succession
(intestate
succession
arguments
in
support
of
the
only
SUGGESTED ANSWER:
XII).
the
limitations. 5,000
square
meters
educational
institution
enjoys
Arts
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 81 of 168
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ALTERNATIVE ANSWER:
The claim of Bobbys family is not
meritorious. It is provided under Section
5(2),
Article
Constitution
XIV
that
JayArhSals
of
the
Academic
1987
citizen
has
the
right
to
select
fair,
reasonable
and
equitable
Freedom
Although
profession
can
limitation
should
institution,
the
study
the
(Sweezy
university
v.
State
has
of
New
of
mining
be
to
choose
regulated,
not
be
the
oppressive,
the
freedom
law.
and
the
engineers.
No.I
(b)
The
1987
Constitution
has
The
Constitution
freedom
statement
is
provides
shall
be
Constitution which
law
is
The
that
1987
academic
enjoyed
in
all
SUGGESTED ANSWER:
The
true.
unconstitutional
because
institutions
of
stated
higher
that:
learning
All
shall
of
involuntary
servitude,
constitutionally encourage.
not
belonged
to
the
colleges
and
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
possibly students.
ALTERNATIVE ANSWER:
XIV,
Section
Constitution provides
freedom
shall
(2)
that
be
of the
academic
enjoyed
in
and
discretion
of
Congress.
ALTERNATIVE ANSWER:
all
The
1935
and
Constitution likewise
the 1973
provided
for
institutional
autonomy
of
learning.
Education:
Communication
and
Instruction (2007)
Association
of
the
school
until otherwise
SUGGESTED ANSWER:
of the 1987
that
communication
for
and
Constitution
purposes
of
instruction,
the
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
However,
educational
different
religious
sects
without
and
the
chapel
will
100%
foreign
institution
owned
may
be
be
the
prohibition
against
the
to
be
taught
in
public
without
additional
cost
to
the
Department of Education
the Constitution).
SUGGESTED ANSWER:
the Philippines.
SUGGESTED ANSWER:
scholarships
to
poor
but
scholarship
enrolled.
for
every
500
students
ALTERNATIVE ANSWER:
No.
It
constitutes
deprivation
of
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
Catholic
students
through
during
Catholic
class
priest.
hours,
However,
SUGGESTED ANSWER:
No, would still constitute a deprivation
religion?
30, 1988).
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
Yes. Here, the matter may be considered
as a reasonable regulation exacted from
those
who
seek
some
form
of
No.
the
offer
is
valid,
under
the
children
or
wards
in
public
class
hours
by
instructors
or
wards
belong,
without
upon
learning
of
the
offer,
their own
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
SUGGESTED ANSWER:
religion
without
in
public
distinction
to
schools
what
is
REFERENDUM
(Section
2,
religion
neither
should
the
principal.
For
classification
to
be
valid
the
is
based
Amendments (2007)
on
No. VI.a. An amendment to the Constitution
substantial distinction
b. It
must
be
germane
to
the
apply
equally
to
all
limited
or Revisions
to
existing
SUGGESTED ANSWER:
The
statement
is
false.
First,
an
conditions
Provisions
vote
separately
Constitutional
(II
Record
Commission
of
the
493).
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
PUBLIC INTERNATIONAL
Amendments; Peoples Initiative (2009)
No.XVIII. What are the essential elements of
a valid petition for a peoples initiative to
LAW
Basic Principles; Reparation (2007)
No. IV. In 1993, historians confirmed that
SUGGESTED ANSWER:
essential
elements
of
valid
and
beatings
behalf;
2. The proposal must be embodied in
number
often
and
suffered
venereal
from
diseases.
severe
The
of
people
who
military.
There
were
many
therein.
4. Any amendment through peoples
initiative
shall
be
valid
when
than
90
days
after
the
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
SUGGESTED ANSWER:
treatment.
ALTERNATIVE ANSWER:
prevail
necessity
several
proportional
relation
is
to
governed
and
the
not
by
excessive
concrete
and
in
direct
over
operative
any
only
other
while
international
Japan
had
inadequate resources.
ALTERNATIVE ANSWER:
of the war.
including the
cogens norms.
ALTERNATIVE ANSWER:
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
Peace
be
request
the
Philippine
through
the
Department
could
Agreement
not
have
could
been
not
contemplated
government,
of
Foreign
Japanese
was
that
the
that
ineffective
only
New
confirmed
Civil
by
long
Code
laws
after
provides
or
judgments
government.
(Holy
See
v.
promulgated, or by determinations or
654,
[1981])
ALTERNATIVE ANSWER:
country.
courts
may not
prosper?
SUGGESTED ANSWER:
government.
No. 7, 1949)
(Southeast
Case,
United
126
[2003]).
ALTERNATIVE ANSWER:
No.
XXVII
What
is
the
concept
of
However,
aggrieved
by
the
person
acts
of
who
a
feels
foreign
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 89 of 168
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JayArhSals
In
territorial
associate,
delegates
responsibilities
principal,
to
certain
the
while
other,
the
maintaining
its
integrity
of
the
Republic.
territory
and
independent
State
with
internal
self-
comply
conditions
Treaty.
with
the
general
territory).
Association
subject to UN approval.
rule
In deciding the constitutionality of the
Memorandum
of
Agreement
on
the
GRP-MILF
Tripoli
Agreement
on
and
its
rationale.
SUGGESTED ANSWER:
The Philippine is under no obligation to
extradite Lawrence. Under the principle
of dual or double criminality, the crime
must
be
punishable
in
both
the
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
crime
(LA
in
Manchester
Shearer,
1971
International
Extradition
Law,
must
be
punishable
in
both
ALTERNATIVE ANSWER:
tantamount
to
an
ex
post
facto
Defensor,
International
law
and
Genocide (2010)
No. I. The dictatorial regime of the President
A of the Republic of Gordon was toppled by
Peoples
answer?
SUGGESTED ANSWER:
The
Philippines
will
be
under
the
Army.
The
new
government
the
have
The
proposed
an
anti-hacker
law.
hearings,
amnesty
the
law
Commission
is
contrary
to
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
SUGGESTED ANSWER:
Thus,
Republic
of
Gordon
has
the
international law.
obligation.
Genocide
was
committed.
The
No.I
b.
Under
the
International
law,
Even
if
the
mass
killing
was
not
a. UN Charter
b. The
Vienna
convention
on
diplomatic relations
1949
systematic
of
soft
and
or
the
punishment
humanity
and
of
war
War
Crime
crimes
it
was
adopted
by
therefore
on
all
are
when
also
binding
crimes
against
law
States.
2003)
Examples of soft law are:
Never Let The Odds Keep You Fro
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 92 of 168
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a. Resolutions
of
the UN General
of
intrauterine
the
International
Law
programs.
however,
as
treaties,
generally
accepted
principles
surgical
continue
Private
to
clinics,
render
family
ALTERNATIVE ANSWER:
agreements
and
Commision.
b)
devices
Assembly
b. Draft
JayArhSals
clients.
(b) Is the Philippines in breach of any
obligation under international law? Explain.
SUGGESTED ANSWER:
The acts of the City Mayor may be
attributed to the Philippines under the
Law
has
reference
to
Philippine
international
organizations.
Mayor
women.
law
shall
discriminates
prohibit
any
against
poor
breach
of its
ALTERNATIVE ANSWER:
The Philippines
is
in
(2007)
Elimination
of
All
Forms
of
Order declaring
responsible
that
the
parenthood
city
promotes
and
upholds
take
all
appropriate
measures
to
hospitals
from
operated
by
the
city
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 93 of 168
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including
those related to
family
care
facilities,
JayArhSals
security is threatened
b. Confined
only
during
custodial
investigation
including
2[b]).
armed conflict
ALTERNATIVE ANSWER:
Child,
which
Recognizes
the
SUGGESTED ANSWER:
C. Freedom from torture is a right
which
is
non-derogable
both
during
the
Elimination
of
all
forms
of
advice
and
services
Article
Against
2(2)
of
the
Torture
U.N.
Convention
provides
that
No
in
and services.
rank
in
the
international
ordinary
rules.
The
most
customary
special
customs
or
even
general
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 94 of 168
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JayArhSals
Court (2010)
would
constitute
breach
obligation; and
SUGGESTED ANSWER:
an
of
an
international
international
obligation.
crimes,
while
the
(ICJ)
deals
with
contentious
Charter)
have
p. 308).
the
power
to
exercise
its
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 95 of 168
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International
Law
Violation;
Treaty
(2008)
SUGGESTED ANSWER:
with
peremptory
norm
of
principles
of
international
law
days
in
order
to
de-escalate
the
ALTERNATIVE ANSWER:
may
contain
from
international
provisions
general
law
provided
that
rules
of
that
the
Law? (1%)
SUGGESTED ANSWER
To
establish
international
customary
practice
and
opinio
juris
sire
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 96 of 168
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law
requires
Opinio juris
requiring
it.
(Bayan
Muna
vs.
usage
has
become
customary
Under
the
Principle
of
SUGGESTED ANSWER:
the
subjective
requirement
of
or
psychological
customary
law
that
(b)
What
available
is
to
the
the
appropriate
victims
family
remedy
under
international law?
Principle of Attribution or Imputation
SUGGESTED ANSWER:
(2010)
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 97 of 168
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crime
answer? (3%)
SUGGESTED ANSWER:
filing
of
an
action
to
recover
the
Philippine
law
was
under
JayArhSals
of
the
Vienna
Convention
on
embassy
heated
of
enjoys
within
the
courts.
when
he
got
into
exterritoriality,
jurisdiction
under
of
which
Philippine
ALTERNATIVE ANSWER:
William is not correct. The premises
occupied by the United States Embassy
do not constitute territory of the United
the
Philippines.
territorial
jurisdiction
Since
William
of
the
has
no
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 98 of 168
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to
committed
by
the
unfriendly
the
offending
acts
State.
Retorsion (2010)
to its act
b. Cannot curtail migration from the
offending state
c. Can expel the
nationals of the
Use of Force; Self-Defense (2009)
offending state
d. Should apply appropriate response
within appreciable limit
SUGGESTED ANSWER:
D. A State which resorts to retorsion in
international
law
proportionate
should
response
apply
within
appreciable limits.
thousands
of
that
more
Filipinos.
attacks
It
then
were
primarily in
pursuance of legitimate
other
Public
States.
(R.
Sarmiento,
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
Page 99 of 168
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Emerald
Brigade,
then
immediately
SUGGESTED ANSWER:
The
Philippines
action
cannot
Brigade.
Article
51
of
the
armed
attack
by
State
Asyaland.
The contention of Asyaland is correct.
ALTERNATIVE ANSWER:
collective
State.
group
self-defense.
Emerald
The
Brigade
had
terrorist
already
ALTERNATIVE ANSWER:
Filipinos
with
warning
that
more
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
(2012)
does
not
result
in
non-consensual
Assume
that
the
commando
team
that
international
terrorism
crime
is
and,
not
an
therefore,
the
access
of
the
accused
days
in
order
to
de-escalate
the
to
SUGGESTED ANSWER:
9372,
provides
thr
for
Human
its
Security
Act
extraterritorial
Philippines,
terrorism
commit
directly
an
against
act
of
Filipino
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
the
states;
dispute
between
Denmark
and
was
settled
by
telephone
(3)
The
general
principles
of
law
-End-
verbal
agreement
does
not
on
the
Law
requires
of
that
treaties.
for
an
following
are
the
sources
of
international law:
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
MULTIPLE
CHOICE
Political
QUESTIONS (MCQ)
2013
JayArhSals
Law
Exam
(1%)
__________. (1%)
(A) employees can go on mass leave of
(A) a law prohibiting motorcycles from
Commissioner of Customs
against him.
bands
(D) a law providing higher salaries to
and
pins
with
the
word
"UNFAIR" inscribed
"foreign hires."
done.
(E) a law that grants rights to local
Filipino workers but denies the same
rights to overseas Filipino workers.
SUGGESTED ANSWER:
(D),
International
SUGGESTED ANSWER:
School
Alliance
of
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
that
only
candidates
with
depends
agreement.
on
their
submission
SUGGESTED ANSWER:
surety
bond
is
excessive
and
to an area. (1%)
unconscionable.
(E) It is valid because it is a reasonable
requirement;
the
Constitution
itself
public officers.
(B) that is at least 200 miles but not to
exceed 300 miles from the baselines
SUGGESTED ANSWER:
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
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measured
measured.
SUGGESTED ANSWER:
This is not correct because the baseline
is the point from which the entire
The
Office
of
the
President
and Management.
(B) The House of Representatives from
where all appropriation bills emanate.
on Finance.
Philippines.
the
President
acting
jointly,
if
so
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
Act.
Constitution
that
Lawyers
of the 1987
SUGGESTED ANSWER:
(A),
JayArhSals
Against
Monopoly
any
member who
took no
part,
and
dissent
or
non-participation
applies
__________. (1%)
VIII. May the power of cities to raise
revenues be limited by an executive order of
Yes,
because
local
government
Court of Appeals
Department
of
Interior
and
Local
Government.
(D) to the Supreme Court, the Court
(B) No, because local government units
(C)
No,
because
only
limitations
limit
the
powers
of
local
governments.
SUGGESTED ANSWER:
power
Constitution
and
authority
to
impose
1987
charter.
SUGGESTED ANSWER:
Constitution
the
following
to
decisional
and
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
inter-departmental courtesy
by
the
Constitution
enjoyfiscal
public records
independence.
(C) should deny the request since
(C)
Not
all
bodies
"independent"
by
the
labeled
as
Constitution
only
for
pleadings,
orders
and
public
(D)
The
Constitution
guarantees
when
it
labels
bodies
as
"independent".
(E) should grant the request because
(E) The COMELEC, the COA, and the
CSC
enjoy
the
same
degree
of
independence.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(C), In
re: Letters
of Atty. Estelito
satisfy
the
judgment
against
the
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
blessings of democracy.
(B)
File
claim
with
(COA)
Commission
on
pursuant
Commonwealth
to
Audit
the
Act
patriotism
and
Decree1445.
accelerate
social
nationalism,
progress,
and
development.
court
to
judgment.
Government.
(D)
sued.
to
compel
Congress
The
papers
SUGGESTED ANSWERS:
right
of
pertaining
the
to
people
official
to
acts,
for
legislative
or
executive
All
the
above
only
provide
action? (l%)
(A) The maintenance of peace and
order, the protection of life, liberty,
and property, and promotion of the
general welfare are essential for the
(E)
SUGGESTED ANSWERS:
(A), (B), and (C) are all found in Article II
of the 1987 Constitution. They are not
self-executing. D is a right found in the
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
Article
III,
Section
of
the
1987
effect
without
Senate.
ratification
by
the
Yes,
the
challenge
is
correct
ALTERNATIVE ANSWER:
President
to
undertake
the
importation.
(E), Kilosbayan, Inc. vs. Morato, 246
SCRA 540; Article III, Section 8 includes
SUGGESTED ANSWER:
The
President
entered
into
an
correct? (1%)
(C) the State expropriates church
(A) Yes, the executive agreement is
contrary to an existing domestic
law.
expressway
that,
among
others,
main cathedral
(D) the State gives vehicles to bishops
to
assist
them
in
church-related
charitable projects
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
SUGGESTED ANSWER:
(A)
parents
XVII.
Senator
GSC
proposed
bill
SUGGESTED ANSWER:
alcohol
products.
The
generated
universal
health
Filipinos
and
Patricio's
of
victory
before
the
House
care
for
program
tobacco
for
all
farmers'
was
President
can
appoint
Patricio
__________. (1%)
The
because
(B) only as a deputy Ombudsman
law
it
is
unconstitutional
violates
the
equal
products.
only
as
Chairman
of
the
Commission on Elections
(D) It is constitutional because it is
(E) to any position as no prohibition
applies to Patricio
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complied
with
the
required
lawmaking procedures.
JayArhSals
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Constitution
correct? (1%)
(A)
The
President,
with
the
behalf
of
the
Republic
of
the
Philippines.
on
the
President's
SUGGESTED ANSWER:
Senate.
(B), Estrada vs. Escritor, 492 SCRA 1
(D) The President shall, at the end of
every quarter of the calendar year,
citizen
of
the
USA.
The
decision
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
2012
JayArhSals
Political
Law
Exam
term.
1. Constitution is defined by Cooley as:
What
was
Carlos'
status
during
a. a
his
body
of
statutory,
provisions
by
which
three
the
branches
of
because
he
effectively
was
not
entitled to be a congressman.
of
had
served
and
was
and
written
courts
government is governed;
only
disqualified later.
de
judged
facto
status
as
such
for
sovereign
determination is pointless.
purposes
compliance
of
with
2. The
three
essential
parts
of
Constitution are:
a. the
bill
of
rights,
governmental organization
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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4. In
rights,
and
bill
amendment
provisions
"initiative
and
on
There
is
valid
the
by
to
of
state
an
constitution
of amendment;
b. the
JayArhSals
the
transitory provisions;
d. the
executive
department,
the
legislative
department
proposal emanates;
b. at least 3% of the registered
SUGGESTED ANSWER:
Law, p.3
c. at
least
3%
of
the
constitutional
provision
on
voters nationwide;
requires:
a. an implementing resolution
b. an implementing resolution
the
total
number
of
implementing
legislation;
SUGGESTED ANSWER:
d. an implementing resolution
from
the
party-list
(c)
Section
2,
Article
XVII
of
Constitution
of Representatives.
5. The Constitution declares that the
Philippines is a republican state.
SUGGESTED ANSWER:
Republicanism means:
(c) Section 32, Article VI of Constitution
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
the people;
correct answer.
government;
d. the
form
of
government
of
the
exemplifies
how
following
the
best
system
of
people.
SUGGESTED ANSWER:
imposed
(b) Cruz, Philippine Political Law, 2005
ed., p.50
sentence,
as
chief
characteristic
of
the
of
of the judiciary;
c. the
judiciary
pardon
to
overturns
granted
President
the
compared
as
by
a
the
a check on
executions;
d. the
President pardons
an
SUGGESTED ANSWER:
term;
d. unlimited
President
term
for
as
for
long
the
as
8. Which phrase best completes the
statement The starting point of the
principle of separation of powers is
SUGGESTED ANSWER:
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
SUGGESTED ANSWER:
distinct classes:
a. the
bill
of
rights,
state
self-executing
the
national
and
the
economy
and
a. no
the
shall
the
be
passed
freedom
of
speech;
c. the
b. no
self-executing
the
self-evident
law
shall
be
made
respecting an establishment
non-self-
of religion;
law
abridging
patrimony;
provisions,
of
Constitution:
constitutional
commissions,
provision
social
justice provisions;
SUGGESTED ANSWER:
culture.
(c) Cruz, Philippine Political Law, 2005
SUGGESTED ANSWER:
ed., p.70
9. The Constitution provides that the
"separation of church and state
shall
be
inviolable."
implemented
This
most
by
(d)
Section
15,
Article
XIV
of
Constitution
is
the
in:
a. the free exercise clause;
b. the
non-establishment
clause;
clause.
clause;
d. the
of
religion
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
the
everyone
12. Dual allegiance by citizen is:
a. inimical
interest
interest
without
registering as an overseas
to
the
national
and
is
therefore
absentee voter.
c. No.
proscribed by law;
b. inimical
else
Margarita
fails
the
to
the
national
and
is
therefore
prescribed by law;
d. No.
Dual
citizens
upon
foreign
d. inimical
interest
citizenship,
to
the
national
practically
and
is
therefore
abandoned
have
and
legally
their
domicile
SUGGESTED ANSWER:
homeland
as
consequence.
SUGGESTED ANSWER:
citizenship
under
RA
Act
of
2003.
Can
614
14. Identify which one is an invalid
exercise of the legislative power:
a. legislation
by
local
granting
an
the
Overseas
fix
standards
on
price
control;
c. law
authorizing
the
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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restrictions,
powers
JayArhSals
SUGGESTED ANSWER:
to
necessary
of
tariff
rates,
export
import
quotas,
and
and
far
other
the
as
Constitution
that
practicable,
"Each
contiguous,
prohibition against:
a. re-apportionment;
b. commandeering of votes;
SUGGESTED ANSWER:
c. gerrymandering;
d. re-districting.
Phil. 1
15. Which one of the following theories
does
not
support
the
delegation
of
authority
Congress
to
an
valid
by
17. Article
the
Section
5(3)
of
the
administrative
agency:
a. an
V1,
administrative
agency
be at least:
a. 250,000;
statute;
b. 150,000;
the
c. 100,000;
facts
d. 175,000.
body
ascertainment
of
SUGGESTED ANSWER:
c. an administrative agency
has equal expertise with
the legislature in crafting
and implementing laws;
d. contingent legislation.
(a)
Section
5(3),
Article
VI
of
Constitution
18. A Senator or Member of the House
of
Representatives
shall
be
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privileged
Congress
from
is
in
offenses
arrest
while
session
for
punishable
JayArhSals
SUGGESTED ANSWERS:
all
by
a. life imprisonment;
21. Congress shall have the sole power
b. reclusion perpetua;
c. six years imprisonment;
SUGGESTED ANSWER:
voting jointly;
(c) Section 11, Article VI of Constitution
session
assembled,
voting jointly;
voting jointly;
in
joint
session,
voting
separately.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(d)
Section
23(2),
Article
VI
of
Constitution
20. Which
of
the
following
can
be
a. Commencement
of
the
and
Vice
Presidential;
c. Authority
to
transfer
appropriation;
d. Regular
election
b. unacted;
c. refilled;
of
the
d. re-enacted.
members of Congress.
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SUGGESTED ANSWER:
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c. item veto;
d. monetary veto.
(d)
Section
25(7),
Article
VI
of
SUGGESTED ANSWER:
Constitution
23. Provisions
unrelated
appropriation
bill
are
to
an
considered
(c)
Section
27(2),
Article
VI
of
Constitution
a. interlopers;
b. riders;
base decreases;
c. outriggers;
d. add-ons.
SUGGESTED ANSWER:
base increases.
24. The requirement that "Every bill
shall
embrace
only
one
subject
SUGGESTED ANSWER:
thereof" prevents:
a. rollercoaster legislation;
b. log-rolling legislation;
d. loggerhead legislation.
members who:
a. actually sent in memos on
SUGGESTED ANSWER:
p.143
particular
part
an
is called the:
in
a. specific veto;
in
thereon;
the
case
and
voted
thereon;
b. revenue veto;
Never Let The Odds Keep You Fro
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thereon
notes
on
and
the
JayArhSals
SUGGESTED ANSWER:
took
actual
deliberations.
30. Congressman Sugar Oll authored a
bill called House Bill No, 0056
SUGGESTED ANSWER:
Section
4(2),
Article
VII
of
Constitution
unconstitutional
as
it
violates
a. three votes;
b. four votes;
c. five votes;
d. six votes.
SUGGESTED ANSWER:
(a)
Section
4(3),
VII
of
Constitution
standi?
29. A person who has a personal and
personal
and
substantial
interest
that
prejudiced
will
by
be
the
have:
a. understanding to challenge
the governmental act;
b. standing to challenge the
governmental act;
c. opportunity to challenge the
governmental act;
d. familiarity to challenge the
governmental act.
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JayArhSals
c. constitutional;
SUGGESTED ANSWER:
d. unconstitutional.
(a) Basco vs. PAGCOR, 197 SCRA 52; and
(c)
Francisco
vs.
Houes
of
SUGGESTED ANSWER:
undertaking
independent
the
branches
unusual
respect
of
due
coordinate
government;
need
for
or
an
unquestioning
power,
sequestration,
power
of
power
of
foreign policy;
b. power
of
immigration,
power;
embarrassment
from
pronouncement
departments
describes
on
what
multifarious
by
various
question,"
kind of political
c. executive
power,
power,
power
of
question:
taxation.
a. adherence kind;
b. prudential kind;
SUGGESTED ANSWER:
c. respectful kind;
d. deference kind.
SUGGESTED ANSWER:
(b) Bernas, The 1987 Constitution of the
Republic
of
the
Philippines:
"operative
fact"
doctrine
of
a. emergency power;
b. police power;
law is declared:
c. legislative power;
a. operative;
b. factual;
Never Let The Odds Keep You Fro
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
SUGGESTED ANSWER:
JayArhSals
prosecutor
moves
for
of Pot. Granted;
c. Pot is accused before the
balanced
moves
and
healthful ecology;
c. right
to
freedom
of
and
of
expression
innumerable postponements
against
assembly;
denial
Pots
for
of
wishes,
he
dismissal
for
the
right
to
speedy
trial.
Prosecutor
posts
no
objections.
Dismissal granted;
d. Pot is accused before the
SUGGESTED ANSWER:
against
Pots
wishes,
prosecutor
Organization
vs.
Philippine
Blooming
moves
the
for
of Pot. Granted.
SUGGESTED ANSWER:
Pots
moves
denial
for
of
speedy
wishes,
he
dismissal
for
the
right
trial.
to
Prosecutor
of
After
qualified
innumerable
postponements
Pots
Never Let The Odds Keep You Fro
theft.
wishes,
Criminal Procedure
37. Under Article III, Section 2 of the
Bill of Rights, which provides for the
exclusion of evidence that violate the
right to privacy of communication
and correspondence, to come under
the exclusionary rule, the evidence
must be obtained by:
a. private individuals acting on
their own;
b. government agents;
against
the
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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high
40. The
JayArhSals
Gangnam
Styles
Witnesses
government
officials.
Catholic
Church),
applied
for
SUGGESTED ANSWER:
the
guarantees
of
are:
a. prior
punishment
and
moderate punishment;
b. prior
censorship
and
prior
act
of
Mayor
violation
of
assembly
and
Lebron
their
is
freedom
religion.
Is
a
of
this
correct?
subsequent remedies;
c. no
the
restraint
and
subsequent punishment;
d. no prior restraint and no
subsequent punishment.
anybody
regardless
of
religious belief;
SUGGESTED ANSWER:
c. No,
(d) Chavez vs. Gonzales, 55 SCRA 441
because
experience
historical
shows
that
free
exercise
establishment
clauses
and
non-
pertain
to
disturbed
whenever
two
expound
their
dogmas;
d. Yes, because there is no
c. religion;
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
43. Market
value
for
purposes
of
desire to sell;
transactions;
to delay selling;
purchase
and
one
who
desires to sell;
d. between one who desires to
development.
period of time.
one
of
the
following
SUGGESTED ANSWER:
(c) City of Manila vs. Estrada, 25 Phil.
208
upon
public
Constitution,
period;
b. under
color
of
legal
authority;
any
person
under
to is called:
owner
of
ownership.
all
beneficial
a. preliminary investigation;
b. summary investigation;
c. criminal investigation;
SUGGESTED ANSWER:
d. custodial investigation.
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JayArhSals
SUGGESTED ANSWER:
SUGGESTED ANSWER:
absentia exclude:
45. All persons charged shall, before
appear is unjustifiable;
b. Wherein
he/she
himself/herself
allows
to
be
strong;
further
unqualified
of guilt is strong;
it shall be understood to
weak;
refer to him/her;
d. offenses
punishable
reclusion
perpetua
by
when
d. Wherein
the
accused has
trial
may
proceed,
corpus
shall
not
be
suspended
a. preliminary investigation;
b. arraignment;
c. sentencing;
d. prosecution has rested its
case.
public
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
a. unless
reasons
penalty
for
compelling
involving
crimes
death
and
the
for it;
b. unless
it.
for
reasons
SUGGESTED ANSWER:
compelling
involving
heinous
c. unless
crimes
charged
d. unless
produce
crimes
his
Congress
compelling
involving
and
the
heinous
Supreme
bank passbook;
b. he is a public officer charged
with
for
reasons
and
with
required
compelling
a. he
for
amassing
SUGGESTED ANSWER:
ill-gotten
(c)
Constitution
Section
19(1),
Article
III
of
presented as evidence;
c. his gun was subjected to a
ballistics test;
defined as one:
if
matches
his
blood
type
the
blood
type
was committed;
SUGGESTED ANSWER:
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
was committed.
independent
Constitutional
Commissions enjoy:
a. decisional autonomy;
SUGGESTED ANSWER:
b. organizational autonomy;
(c) Republic vs. Eugenio, 545 SCRA 384
c. fiscal autonomy;
d. quasi-judicial autonomy.
executive
act
which
SUGGESTED ANSWER:
legislative
inflicts
act
a. Chairman
pardons
act
b. Chairman
after
c. Chairman
and
two
(2)
and
three
(3)
four
(4)
IX-B
of
Commissioners;
SUGGESTED ANSWER:
d. Chairman
(c) People vs. Ferrer, 48 SCRA 382
independent
under
and
Commissioners.
and
Commissioners;
tender.
an
be
Commissioner;
which
punishment
shall
Commission composed of a:
punishment
legislative
Service
which
without trial;
d. a
Civil
SUGGESTED ANSWER:
Constitutional
Article
IX,
(b)
Section
1(1),
Article
Constitution
a. Commission on Elections;
b. Commission
on
Human
July
Supreme
Court
d. Commission on Audit.
Rights;
30,
1993,
the
that
the
held
a. ecological responsibility;
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
b. environmental
accountability;
c. intergenerational
responsibility;
SUGGESTED ANSWER:
d. interdisciplinary
responsibility.
is
NOT
an
impeachable
public officer:
Court;
Constitution,
b. a
local
of
the
Comelec;
a. an imperuim in imperio;
b. an
commissioner
Supreme Court;
d. the Ombudsman.
infa-sovereign
subdivision;
SUGGESTED ANSWER:
c. a sovereign nation;
d. a sovereign entity.
Magtajas
vs.
Pryce
Properties
a. the Senate;
b. the
58. Which
one
is
NOT
among
the
House
of
Representatives;
officials:
a. culpable
Representatives.
violation
of
the
Constitution;
SUGGESTED ANSWER:
(b)
Section
3(1),
Article
XI
of
Constitution
crimes;
c. betrayal of public trust;
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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63. A
JayArhSals
public
officer
impeached
and
a. nevertheless
be
immune
b. verified
punishment
complaint
and
notice
and
resolution;
d. verified
to
law;
resolution;
c. verified
according
and
notice.
Anti-Graft
and
Corrupt
Practices Act;
SUGGESTED ANSWER:
(b)
Section
3(1),
Article
XI
of
trial
Constitution
to
prosecution,
and
punishment
according to law;
d. nevertheless be liable and
and
proceeding
only
for
a. A person convicted in an
impeachment
punishment
SUGGESTED ANSWER:
is subject to prosecution,
trial and punishment in an
(c)
Constitution
Section
3(7),
Article
XI
of
b. A person convicted in an
impeachment proceeding is
granted an absolute pardon;
c. A person convicted in an
impeachment
proceeding
on
Appointments;
c. the
SUGGESTED ANSWER:
Commission
Judicial
and
Bar
Council;
d. the Supreme Court.
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JayArhSals
b. Philippine
Mission
International
65. SALN means:
of
the
Monetary
Fund;
c. Central
Bank
of
the
Philippines;
of
liabilities
assets
in
and
net
d. World
Bank,
Philippine
Affiliate.
worth;
c. Statement
of
assets,
SUGGESTED ANSWER:
of
personal
liabilities
and
net
68. The
worth.
President
may
contract
or
SUGGESTED ANSWER:
a. House of Representatives;
b. Senate;
of
the
Government
as
c. Central Bank;
d. Monetary Board.
SUGGESTED ANSWER:
Productivity
Commission;
c. National
Economic
Development Authority;
d. National Economic Council.
demonstrate
capacity
of
SUGGESTED ANSWER:
a. independent
(c) Section 9, Article XII of Constitution
party-list
organizations;
b. independent
sectoral
organizations;
c. independent
indigenous
organizations;
Philippines;
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d. independent
peoples
organizations.
(b)
Section
JayArhSals
3(3),
Article
XIV
of
Constitution
72. Academic freedom shall be enjoyed:
SUGGESTED ANSWER:
Section
15,
Article
XIII
of
Constitution
schools;
c. in all schools;
70. The
principal
function
of
the
learning.
SUGGESTED ANSWER:
b. investigatory;
c. quasi-judicial;
(d)
d. rule-making.
Constitution
Section
5(2),
Article
XIV
of
SUGGESTED ANSWER:
Section
18(1),
Article
XIII
of
Constitution
71. Optional
religious
instruction
in
a. international conventions;
b. international custom;
c. international humanitarian
law;
cost to Government;
SUGGESTED ANSWER:
books
to
Government;
d. without
additional
consumption
Government.
costs
power
to
intl
law.
(Fleck,
the
SUGGESTED ANSWER:
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
a. terra nullius;
b. exterrertioriality;
b. opinio juris;
c. extradition;
c. jus cogens;
d. extraterritoriality.
d. jus cogentus.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(c) Government of the United States of
(c) Article 53 of Vienna Convention on
regard
acknowledges
entity
that
recognized
the
political
possesses
the
attributes of statehood."
as
to
whether
they
are
rules or not:
a. accession;
a. accession;
b. incorporation;
b. recognition;
c. accretion;
c. acknowledgment;
d. adoption.
d. attribution.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(b) Magallona, Fudamentals of Public
(b)
Brownlie,
Principles
of
Public
the
United
(UNCLOS),
Nations
the
extent
of
the
miles
from
the
outer
limits;
Never Let The Odds Keep You Fro
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
water mark;
d. 200 miles from the outer
a. baseline zone;
limits.
b. contiguous zone;
c. transit zone;
SUGGESTED ANSWER:
d. appurtenant zone.
SUGGESTED ANSWER:
problem,
the
word
Conference
because
the
territorial sea.]
to
lowest
it
water
mark
does
not
may
not
indicate
territorial
sea
and
other
b. economic line;
c. baseline;
consent;
d. archipelagic line.
SUGGESTED ANSWER:
the
second
kind
law;
c. Yes. He is prosecuted for the
same
offense
which
has
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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jeopardy
under
JayArhSals
b. legislative veto;
c. legislative oversight;
d. legislative scrutiny.
contemplates conviction or
acquittal
which
could
SUGGESTED ANSWER:
SUGGESTED ANSWER:
rights
in
administrative
correct answer.
84. Which one of the enumeration below
does
not
come
under
the
be
"rule":
"substantial."
"Substantial
evidence" is:
b. less
or interprets a law;
than
preponderant
scintilla;
b. fixes
and
describes
procedures
SUGGESTED ANSWER:
in
or
the
practice
memoranda
statements
and
concerning
internal administration;
(d) Ang Tibay vs. CIR, 69 Phil. 636
to
or
an
present
proposed
final
order.
administrative
the
of
SUGGESTED ANSWER:
Administrative Code
or
disapprove
such
the
Administrative
Code,
"adjudication" means:
a. whole or any part of any
a. legislative encroachment;
Never Let The Odds Keep You Fro
85. Under
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
any rule;
right or privilege;
of
final
or
c. agency
process
for
notices
of
order;
circulate
party-list
parties
the
the
formulation, amendment, or
repeal of a rule;
any rule;
renewal,
denial,
d. as
far
as
practicable,
revocation or conditioning of
of
a license.
afford
proposed
rules
interested
and
parties
SUGGESTED ANSWER:
requirement
of
Administrative
Code
participation"
is
otherwise
on
the
"public
that,
if
not
by
law,
an
required
agency shall:
a. in
all
cases,
publish
or
interested
before
parties
the
the
final
hearing
thereon;
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JayArhSals
administrative
newspaper
circulation
weeks
of
at
general
two
the
first
otherwise by law:
before
newspaper
circulation
weeks
in
of
at
the
least
hearing thereon;
been
agencies,
general
when
supported
by
least
two
the
final
before
hearing thereon.
preponderant
evidence,
shall be final;
SUGGESTED ANSWER:
agencies,
the
SUGGESTED ANSWER:
taken as a whole;
b. on the basis of the record
taken as a whole;
the
basis
memoranda
taken
the
as
whole.
SUGGESTED ANSWER:
Administrative Code
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
information;
c. he
was
charged
with
SUGGESTED ANSWER:
accused
speech,
was
charged
and
person
who,
by
his
was
SUGGESTED ANSWER:
and
his
character,
has
become a:
a. public figure;
b. celebrity;
91. A criminal statute that "fails to give
c. public official;
that
his
contemplated
SUGGESTED ANSWER:
(a)
Ayers
Production
Pty.,
Ltd.
vs.
SUGGESTED ANSWER:
protected speech:
a. clear and present danger;
394
b. balancing of interests;
92. "Chilling effect" is a concept used in
the area of constitutional litigation
c. reasonable relation;
d. dangerous tendency.
affecting:
SUGGESTED ANSWER:
a. protected speech;
b. protected executive privilege;
c. protected
legislative
discretion;
Never Let The Odds Keep You Fro
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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constitutionally
guaranteed expression;
constitutionally
guaranteed expression;
other
cases,
the
"seller"
has
already
JayArhSals
a. there
is
need
administrative
constitutionally
for
but
an
not
guaranteed expression;
d. none of the above.
goods
and
arrest
of
the
offender;
SUGGESTED ANSWER:
529
offender;
was
false
or
with
the
for
either
reckless
separate
warrant
for
the
SUGGESTED ANSWER:
police
officer
observes
is
form
of
entrapment.
The
He,
however,
neither
and
identifies
dangerous
himself
and
and
he
makes
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
b. right
to
be
innocent;
c. right to counsel;
entitled
d. right
to
conduct
presumed
carefully
to
production
of
evidence.
is
constitutionally
SUGGESTED ANSWER:
100.
SUGGESTED ANSWER:
affording
the
accused
an
opportunity to:
a. identify the witness;
follows:
"Court:
to
the accused:
Q:
"Do
you
have
an
Accused
was
then
arraigned,
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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2011
Political
Law
Exam
of
the
JayArhSals
President
which
reinstated
the
who
qualifications
has
and
disqualifications
all
none
to
of
become
the
the
Filipino citizen.
President
and
Philippines
who
qualifications
in
the
has
all
the
disqualifications
to
none
of
become
the
a
Filipino citizen.
be pursued.
to
the
of
Secretary
of
Transportation
the
and
renders
agency
appealed
to
raised
and
pre-requisite
judicial recourse.
(C)
is
(3)
Where
A is
set
for promotion
to
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
promotional
appointments
mitigating
circumstances,
reduced
his
approved As appointment.
(A) Yes, the reduction of the penalty
(C)
submit
Commission
to
the
(CSC)
Civil Service
the
back salaries.
second
(D)
simultaneously
issue
the
carries
with
it
the
appointments of A and B.
(C) No, he is still guilty of grave
(4) When a witness is granted transactional
reduced.
public records.
1988,
Althea
became
naturalized
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JayArhSals
(D) expediency.
(A) essentially
the
nature.
lot
and
apply
for
its
temporary
in
the appointee.
termination.
him.
law.
homeowners'
Tomas, the
association
most
of
Sitio
Sto.
populated residential
challenged
the
purpose
of
the
a valid purpose?
as determined by the
President.
(B) No,
because
it
intends
to
(C) flexibility.
Never Let The Odds Keep You Fro
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JayArhSals
sui
generis
which
must
stand
An
example
of
content
based
prescribing
(A) maximum
tolerance
of
pro-
the Senate.
government demonstrations.
(13) Jose Cruz and 20 others filed a petition
(B) a no rally-no permit policy.
form
of
government.
will it prosper?
(12) The President forged an executive
(A) No, only Congress can exercise
the
power
to
amend
the
Constitution.
action.
contrary
to
our
existing
domestic law.
when
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
direct action.
accused
to
the
prosecution's
case
involves
purely
(17) The new Commissioner of Immigration,
administrative matter.
of a Division is sought.
Each
of
the
Director
Sison
of
the
Administrative
Constitutional
writing
which
Suarez
immediately
Mr.
the
validity
of
his
courtesy
Sison
from
disclaiming
the
appointed
to
replace
him,
his resignation.
trial.
(D) Yes,
(B)
motion
merely
prosecution.
clear
provisionally
of
Sison
made
upon
Director
the
(C)
made
without
intention
to
relinquish
office is lacking.
(18) An administrative rule that fixes rates
is valid only when the proposed rates are
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JayArhSals
Law Center.
since
just
compensation
is
and
hearings
are
conducted.
Court.
public places.
(A)
Both
law
and
rules
apply
(C)
voluntarily,
assistance of counsel.
(B)
Both
law
and
rules
apply
Yes,
competent
counsel.
the
waiver
expressly,
and
was
and
made
with
independent
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
Yes,
Governor
Paloma's
the government.
be corrected exists.
malfeasance in office.
(24) The President wants to appoint A to the
(C) No, Governor Paloma's reelection
does
Supreme
not
render
moot
the
Court
because
of
his
when he
of
(D) Yes,
Governor
Paloma's
annulment.
otherwise
(C) may be brought straight to the
become
involve
Supreme Court.
(A) the basic interest of people.
(D) is appealable to the Commission
(B) petitions for habeas corpus.
on Elections.
(23) The equal protection clause allows
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JayArhSals
impeachment
sufficient
the right of
in
against
form
but
the
President
insufficient
in
accused
against
self-
incrimination.
President correct?
aliens.
initiation
without
prejudice
to
his
re-
of
another
during
the
appointment as permanent.
(D) Yes,
no
impeachment
demand
permanent.
within a year.
(B)
(C)
has
the
right
automatically
to
becomes
(29)
The
Solicitor
General
declines
to
permanent appointee.
his
temporary
appointment.
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The
JayArhSals
(31)
Authority
(B) No,
he
must,
in
Metro
Manila
(MMDA)
parked
Development
passed
vehicles,
for
a
the
rule
first
choosing
this
State.
rule
to
implement
law
that
choose
whom
to
serve
and
represent.
(B) Yes, it is a valid exercise of the
(D) No, the Solicitor General's duty
absolute.
before
the
Senate
or
the
House
of
(32) Senator Bondoc was charged with
Representatives which
altogether
reject
the
initiative.
(D)
must
accept
such
initiated
appearance.
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
risk.
and
back
salaries
during
his
Senate.
(34) Courts may dismiss a case on ground
(D) Deny
the
motion
since
of mootness when
misconduct
suspended
for
and
90
preventively
days
pending
and
dismissed
him
from
the
term, the
executory.
What
is
the
effect
of
X's
exoneration?
municipality
became
a city.
action prosper?
back salaries
corresponding
regardless
involuntary
him.
of
any
voluntary
interruption
in
or
the
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(C) Yes,
the
term
JayArhSals
(C) ex parte.
limit
whether
for
city
or
municipality.
(38) When the President orders the Chief of
(D) No, the 3 term limit should not
that
outside
has
assumed
different
the
residence,
the
President
exercises
corporate existence.
(36) In what scenario is an extensive search
The
police
suspected
an
36 of the
Vienna
down at a checkpoint.
heard
without
need
trial.
of
notification
to
the
foreign
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JayArhSals
carrying a gun.
(D) No, police officers do not have
warrantless
search
of
moving
vehicles.
(C) Protective Principle
(41) The Commission on Elections is an
(D) Jus Cogens
electronic transmission.
(C)
undertake
separate
and
count.
police.
over
(B) Yes, the police officers had the
particular
province
subject
to
revocation or extension
(A)
to the end.
by
Congress,subject
to
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
by
Congress,
upon
does
Sangguniang Panlalawigan.
prohibition.
not
fall
within
the
(A) voidable.
work-related crimes.
(C) Yes, his immunity holds for
the whole duration of his tenure.
(D) No, his immunity does not cover
crimes involving moral turpitude.
(D) unenforceable.
(46) Congress passed a bill appropriating
P50 million in assistance to locally based
television stations subject to the condition
that the amount would be available only in
Ramon
(44)
The
School
Principal
of
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hectorchristopher@yahoo.com
JayArhSals
absolute.
ordinance valid?
(A) No,
suppression
of
the
freedom
to
it
leaves
the
public
prohibits.
(B)
No,
since
it
discriminates
inquiries
gang
and
oversight
functions,
the
members
prior
to
arrest
public
to
to answer.
prohibits.
know
what
acts
it
legislation.
in
the
Philippines
through
an
prior consent.
(A) referendum.
(D) material
to
the
subject
of
inquiry.
(48)
An
ordinance
(B) plebiscite.
prohibits
"notorious
(C) initiative.
separated,
his
certificate
of
candidacy
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
will
subject
him
JayArhSals
quo
warranto action.
(53)
Small-scale
resources
by
utilization
Filipino
of
citizens
natural
may
be
allowed by
(D) may be denied due course.
(A) Congress.
(51) A candidate who commits vote buying
on Election Day itself shall be prosecuted
by the
Representatives.
(A) COMELEC.
Executive
Director
of
the
Land
that
suffer
from
dangerous
(B)
mix
ministerial duty.
discretionary
and
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
canvassers
did
not
entertain
Yani's
JayArhSals
of
Congressmen
since
the
(C)
the
doctrine
of
supervening
event.
(D) the orthodox doctrine.
cases,
without
exception.
(B) No,
over
jurisdiction
pre-proclamation
regional,
COMELECs
pertains
only
to
cases
elections
provincial,
and
for
city
officials.
cases
does
not
notice,
(D) Yes, any conflict between the law
and the
Constitution relative
and
his
absence
was
unjustified.
to
the
applied
Never Let The Odds Keep You Fro
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hectorchristopher@yahoo.com
accused
before
trying
him
in
JayArhSals
absentia.
(B) a public officer.
(D) No, the court may reject trial in
(C) a private warehouseman.
mistake,
or
excusable
(D) an agent of the party to whom
negligence.
the
property
will
ultimately
be
awarded.
offense.
registrar.
proceedings
is
division
not
involving
an
election
protest.
pardonable.
(D) its own decision involving an
(C) Yes, convictions in two different
election protest.
years
later,
Gudi
faced
recall
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
(A)
No,
she
mayoralty
won
election
the
regular
for
two
JayArhSals
terms.
continuity
of
her
service
as
mayor.
incumbency as congresswoman?
(D) Yes, the fresh mandate given her
during the recall election erased her
disqualification
only
came
later.
as
(A) part of rehabilitation of one duly
charged with a crime.
by
the
Commission
on
Appointments?
(B) substitute penalty for one who
has been duly tried for a crime.
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
Court
Supreme
Court
90
days
before
the
A's successor?
(A)
No,
it
will
Constitutional
(66) The system of checks and balances
violate
prohibition
the
against
midnight appointments.
operates when
(B) Yes, vacancies in the Supreme
(A) the
President
nullifies
from
occurrence
of
the
vacancy.
(C) Yes, vacancies in the Supreme
Court should be filled within 90
days
from
submission
of
JBC
an
interested
buyer,
got
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
correct?
suit
conclusions.
since
he
presumption
of
enjoys
regularity
the
of
Crispin's
since
certification
he
defense
issued
recklessly
President
is
make
conclusions
his
findings
independent
and
of
its
subordinate.
without
since
the
he
was
unaware
of
the
factual
conclusions
findings
and
contained
legal
in
the
HLURB decision.
(D) As Clerk of Court, Atty. Crispin
enjoys absolute immunity from suit
(72)
collision
occurred
involving
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
in
judge correct?
the
discharge
of
governmental function.
(A) Yes, the trial judge may evaluate
(B) The City of Cebu is liable for the
in
forwarded to him.
the
discharge
of
non-
governmental function.
(B) No, the trial judge should have
(C) The City of Cebu is liable in
accord
with
the
precept
of
respondeat superior.
(D)
Yes,
the
trial
judge
may
prosecutions witnesses.
(C) he waives his right to be present.
(D) he is convicted of a bailable
that
he
had
no
offense.
manifestation
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
rebellion.
(B) primitive and gross penalties.
(D) to raid a suspected haven of
(C) unusual penal methods.
lawless elements.
managed by Filipinos.
(B)
corporations
60%
owned
by
Filipinos.
that
had
been
submitted
for
Filipinos.
Procedural
due
in
administrative proceedings
(A) requires
the
tribunal
to
direct
proceeding,
not
collaterally.
(B) allows the losing party to file a
(B) Yes, the action against Judge
oral argument.
decided by it.
(D)
permits
the
parties
to
file
memoranda.
action.
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
Anton.
The
COMELEC
approved
the
questioned
the
order
for
being
Chua
to
restrain
him
from
of registered voters.
act
by at least 25%
claimed
to
be
of those who
unconstitutional.
elections.
(B)
Yes,
the
order
was
not
(D) Yes,the
petition
should
be
of Tunawi.
mayor,
filed
with
the
Local
Election
against
conducted
surveillance
of
the
area
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
(B)
it
is
in
accord
with
the
chance to be heard.
any
public,
suspicious
behavior
that
as
of
distinguished
those
particular
from
case,
his car.
(C) Yes, the man should be deemed
to have waived his right to challenge
the search when he failed to object
to the frisking.
(D) the rules of court.
(D) No, reliable information alone,
absent any proof beyond reasonable
committing
constituents
an
offense,
will
not
of
his
services
or
person
meets
the
requirements
of
such suspension.
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
period of such
suspension.
(86)
When
the
JayArhSals
unconstitutional
for
suppressing
requires
private
the
initiative
of
the
department
function of Congress.
(C)
the
President
cannot
balance.
(D) No,
Yes,
employees
the
President
has
the
power to withhold
consent to
appearance
department
by
his
of
competitor companies.
(89)
When
the
President contracted a
of competitor companies.
(D)
patronizing
the
product
of
competitor companies.
(B) during his tenure of office.
(88) The President issued an executive
order directing all department heads to
secure
appear
his
consent
during
before
question
agreeing
hour
to
before
departments.
summoned
Is
the
executive
order
X,
former
department
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
Commission
on
Good
from
proceeding
with
its
restrained on ground of
prejudicial question.
prescribing
presumed
validity
of
legislative
reasonable
terms
for
the
action.
(A) Yes, it is an implied power
(D) be restrained for being sub
judice.
of emergency power.
Congress alone.
legitimacy
Congress.
(A) a government of force.
(D) No, it is a power exclusively
reserved
for
the
People's
direct
action.
(C) a de facto government.
(94) A candidate for Senator must be at
(D) an illegitimate government.
(92)
The
Special
Committee
Naturalization is headed by
Never Let The Odds Keep You Fro
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
Congress.
(C) the day he files his certificate of
candidacy.
(B) Yes,
since
the
power
to
office.
Ombudsman.
(B)
independently
Ombudsman,
except
of
in
the
plunder
cases.
sister,
as
Assistant
Court
independently
of
the
Ombudsman.
challenge prosper?
(96) Since the Constitution is silent as to
who can appoint the Chairman of the
Commission
on
Human
Rights,
the
on
Appointments
for
No,
(A)
Yes,
since
the
appointment
cannot
be
appointed
as
the
position
of
of government.
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
the
government,
Executive
is
not
Department
in
the
that
the
she is concerned.
President heads.
(C) Yes, public policy demands that
(D) No, the position to which X
prohibited
under
the
(D) A. Yes, it is but just that she be
Constitution.
an
incumbent
Justice
of
the
(100) X, a Filipino and Y, an American, both
plus
secure.
housing,
transportation,
shipping
Yes,
by
Congress
in
joint
session.
discriminatory
and
violates
the
equal
even
when
she
ran
for
(C)
The
distinction
is
fair
abroad.
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige
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JayArhSals
References:
Answers
to
Bar
Examination
lawphil.net
Pursuing What You Know In Your Heart You Were Mea t To Do. -Leroy Satchel Paige