1

POLITICAL LAW
INSTRUCTIONS

1. This Questionnaire contains two (2) pages including this page. Check the number of pages and
make sure it has the correct number of pages and their proper numbers.

All the items have to be answered within two (2) hours. Since there are ten (10) questions, you have
12 minutes to answer each question. You may write on the Questionnaire for notes relating to the
questions.

Read each question very carefully and write your answers in your Bar Examination Notebook in the
same order the questions are posed. Write your answers only on the front of every sheet in your
Notebook. If not sufficient, then start with the back page of the first sheet and thereafter. Note well the
allocated percentage points for each number, question, or sub-question. In your answers, use the
numbering system in the questionnaire.

2. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate
page. An answer to a sub-question under the same number may be written continuously on the same
page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws and
jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with the
pertinent laws, rules, jurisprudence, and the facts.

A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be given
full credit. Thus, always briefly but fully explain your answers although the question does not expressly
ask for an explanation. Do not re-write or repeat the question in your Notebook.

3. Make sure you do not write your name or any extraneous notels or distinctive marking/s on your
Notebook that can serve as an identifying mark/s (such as names that are not in the given questions,
prayers, or private notes to the Examiner). Writing, leaving, or making any distinguishing or identifying
mark in the exam Notebook is considered cheating and can disqualify you.

YOU CAN BRING HOME THE QUESTIONNAIRE.

I.
Explain the concept of “Judicial Review”? What are the conditions for the exercise of judicial
review?
II.
A was born in the Philippines of Filipino parents. When martial law was declared in the Philippines
of September 21, 1972, he went to the United States and was naturalized as an American citizen.
After EDSA Revolution, he came home to the Philippines and later on reacquired Philippine
citizenship by repatriation. Suppose in the May 2004 elections he is elected member of the HR
and a case is filed seeking his disqualification on the ground that he is not a natural-born citizen
of the Philippines, how should the case against him be decided?

III.
What is the “State”? What are its elements? Please explain briefly each elements.

IV.
The Republic, through the DPWH, constructed a new highway linking Metro Manila and Quezon
Province, and which major thoroughfare traversed the land owned by Mang Pandoy. The govt
neither filed any expropriation proceedings nor paid any compensation to Mang Pandoy for the
land thus taken and used as public road. Mang Pandoy filed a suit against the govt to compel
 2

payment for the value of his land. The DPWH filed a motion to dismiss the case on the ground
that the State is immune from suit. Mang Pandoy filed an opposition. Resolve the motion.

V.
As a general rule, Congress cannot delegate its legislative power. What are the exceptions to the
non-delegation of legislative power provided under the 1987 Constitution?

VI.
What are the tests for valid delegation. Please explain each.

VII.
As the Commander-in-Chief of all armed forces of the Philipines, what are the powers of the
President?
VIII.
An Executive Agreement was executed between the Philippines and a neighboring State. The
Senate of the Philippines took it upon itself to procure a certified true copy of the Executive
Agreement and, after deliberating on it, declared, by a unanimous vote, that the agreement was
both unwise and against the best interest of the country. Is the Executive Agreement binding (a)
from the standpoint of Philippine law and (b) from the standpoint of international law? Explain.

IX.
Explain the concept of jus cogens in International Law.

X.
Distinguish an impeachment proceeding from a quo warranto proceeding.
 3

ANSWER KEYS:
1. Judicial review
Section 1. Art VIII:
“The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.”
Conditions for the Exercise of Judicial Review
a. Actual case or controversy
b. Legal standing
c. Constitutional question raised at the earliest possible time
d. Constitutional question the very lis mota of the case (an unavoidable question)

2. The case should be decided in favor of A. As held in Bengson v. House of Representatives

Electoral Tribunal, repatriation results in the recovery of the original nationality. Since A
was a natural-born Filipino citizen before he became a naturalized American citizen, he
was restored to his former status as a natural- born Filipino when he repatriated.

3. A State is a community of persons, more or less numerous, permanently occupying

a fixed territory and possessed of an independent government organized for political ends
to which the great body of inhabitants render habitual obedience.

ELEMENTS:
a. People --- inhabitants of the State
b. Territory --- fixed portion of the surface of the earth inhabited by the people of the
State
c. Government --- agency/ instrumentality through which the will of the State is
formulated, expressed, and realized
d. Sovereignty --- supreme and uncontrollable power inherent in a State by which that
State is governed

4. The Motion to Dismiss should be denied. As held in Amigable vs. Cuenca, when the
Government expropriates private property without paying compensation, it is deemed to
have waived its immunity from suit. Otherwise, the constitutional guarantee that private
property shall not be taken for public use without payment of just compensation will be
rendered nugatory.

5. As a general rule, Congress cannot delegate its legislative power. Exceptions: (i)
Delegation of tariff powers to the President (Art VI sec. 28(2)) (ii) Delegation of emergency
powers to the President (Art VI sec. 23(2)) (iii) Delegation to the people at large (iv)
Delegation to local governments (v) Delegation to administrative bodies (rule-making
power).

6. Test of valid delegation (Santiago v. COMELEC)

a. it is complete in itself, setting forth the policy to be executed or
implemented;
b. it fixes a standard, the limits of which are determinate and determinable, to which
the delegate must conform in the performance of his functions.
 4

7. As Commander-in-Chief of all armed forces of the Philipines, the President has the
following powers :
a. Call out the AFP to prevent or suppress lawless violence, invasion or rebellion
b. Suspend the privilege of the writ of habeas corpus

Note: Requisites: (1) There must be an invasion or rebellion, and NOTE: The existence
of lawless violence alone CANNOT serve as a ground for the suspension of the
privilege of the WHC; (2) The public safety requires the suspension.

8. (a) From the standpoint of Philippine law, the Executive Agreement is binding. According
to Commissioner of Customs v. Eastern Sea Trading, the President can enter into an
Executive Agreement without the necessity of concurrence by the Senate.

(b) The Executive Agreement is also binding from the standpoint of international law. As
held in Bayan v. Zamora, in international law executive agreements are equally binding
as treaties upon the States who are parties to them. Additionally, under Article 2(1)(a) of
the Vienna Convention on the Law of Treaties, whatever may be the designation of a
written agreement between States, whether it is indicated as a Treaty, Convention
or Executive Agreement, is not legally significant. Still it is considered a treaty and
governed by the international law of treaties.

9. A preemptory norm which States cannot derogate or deviate from in their agreements.
It is a mandatory norm and stands on a higher category than a jus dispositivum norm
which States can set aside or modify by agreement.
Illustrations: (1) The prohibition against the use of force under the U.N. Charter [Nicaragua Case]
2) Law on genocide (3) Principle of Self-Determination (4) Prohibition against apartheid (5) Crimes
against humanity (6) Prohibition against slavery and slave trade (7) Piracy [Brownlie, Magallona]
10.
Power of impeachment (Art. XI, Sec. 2)
Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members
of the Constitutional Commissions, and the Ombudsman may be removed from office on
impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of public trust. All other public officers and
employees may be removed from office as provided by law, but not by impeachment.cralaw

Section 1. RULE 66, Action by Government against individuals. — An action for the usurpation
of a public office, position or franchise may be commenced by a verified petition brought in the
name of the Republic of the Philippines against:

(a) A person who usurps, intrudes into, or unlawfully holds or exercises a public office,
position or franchise;

(b) A public officer who does or suffers an act which, by the provision of law, constitutes
a ground for the forfeiture of his office; or

(c) An association which acts as a corporation within the Philippines without being
legally incorporated or without lawful authority so to act. (1a)