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2017 BAR EXAMINATIONS

POLITICAL LAW

November 5, 2017 8:00 A.M. - 12:00 N.N.


INSTRUCTIONS

1. This Questionnaire contains nine (9) pages. Check and make sure that your
Questionnaire has the correct number of pages. You may write on your Questionnaire
as you answer the questions.

Read each question very carefully and write your answers in your Bar Examination
Notebook in the same order of the questions. Answer the essay questions legibly,
clearly, and concisely. Write your answers only on the front of every page of your
Notebook. If the front pages are not sufficient, continue at the back of the first page and
so on. Start every number on a separate page, but an answer to a sub-question under
the same number may be written continuously on the same page and on the
immediately succeeding pages until the answer is complete. Follow the numbering
sequence of the Questionnaire in your answers.

2. Your answers should demonstrate your ability to analyze the facts, apply the
pertinent laws and jurisprudence, and arrive at sound and logical conclusions. Answers
must fully explain even if the questions do not expressly require explanations. A "Yes"
or "No" answer sans explanation or discussion will not be given full credit.

3. Marking of your Notebook with your name or other identifying signs or symbols
extraneous to the subject matter of the questions may be considered as cheating and
may disqualify you.

Good luck!

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE LUCAS P. BERSAMIN


Chairman
2017 Bar Examinations

I.

A priority thrust of the Administration is the change of the form of government from
unitary to federal. The change can be effected only through constitutional amendment
or revision.

(a) What are the methods of amending the Constitution? Explain briefly each
method. (3%)
(b) Cite at least three provisions of the Constitution that need to be amended or
revised to effect the change from unitary to federal, and briefly explain why? (3%)

II.

A.

Under the doctrine of immunity from suit, the State cannot be sued without its consent.
How may the consent be given by the State? Explain your answer. (3%)

B.

The doctrine of immunity from suit in favor of the State extends to public officials in the
performance of their official duties. May such officials be sued nonetheless to prevent or
to undo their oppressive or illegal acts, or to compel them to act? Explain your answer.
(3%)

C.

Do government-owned or -controlled corporations also enjoy the immunity of the State


from suit? Explain your answer. (3%)

III.

State A and State B, two sovereign states, enter into a 10-year mutual defense treaty.
After five years, State A finds that the more progressive State B did not go to the aid of
State A when it was threatened by its strong neighbor State C. State B reasoned that it
had to be prudent and deliberate in reacting to State C because of their existing trade
treaties.

(a) May State A now unilaterally withdraw from its mutual defense treaty with
State B? Explain your answer. (2.5%)

(b) What is the difference between the principles of pacta sunt


servanda and rebus sic stantibus in international law? (2.5%)

(c) Are the principles of pacta sunt servanda and rebus sic stantibus relevant in
the treaty relations between State A and State B? What about in the treaty
relations between State B and State C? Explain your answer. (2.5%)

IV.

A.

What is the pardoning power of the President under Art. VIII, Sec. 19 of the
Constitution?

Is the exercise of the power absolute? (4%)

B.

Distinguish pardon from amnesty. (4%)

V.

(a) What is the right of legation, and how is it undertaken between states?
Explain your answer. (2%)

(b) Under this right, may a country like Malaysia insist that the Philippines
establishes a consulate in Sabah to look after the welfare of the Filipino migrants
in the area? Explain your answer. (2%)

VI.

A.

The President appoints the Vice President as his Administration's Housing Czar, a
position that requires the appointee to sit in the Cabinet. Although the appointment of
the members of the Cabinet requires confirmation by the Commission on Appointment
(CA), the Office of the President does not submit the appointment to the CA. May the
Vice President validly sit in the Cabinet? (2.5%)

B.

The Executive Department has accumulated substantial savings from its appropriations.
Needing ₱3,000,000.00 for the conduct of a plebiscite for the creation of a new city but
has no funds appropriated soon by the Congress for the purpose, the COMELEC
requests the President to transfer funds from the savings of the Executive Department
in order to avoid a delay in the holding of the plebiscite.

May the President validly exercise his power under the 1987 Constitution to transfer
funds from the savings of the Executive Department, and make a cross-border transfer
of ₱3,000,000.00 to the COMELEC by way of augmentation? Is your answer the same if
the transfer is treated as aid to the COMELEC? Explain your answer. (4%)

VII.

Give the limitations on the power of the Congress to enact the General Appropriations
Act? Explain your answer. (5%)
VIII.

A bank acquired a large tract of land as the highest bidder in the foreclosure sale of the
mortgaged assets of its borrower. It appears that the land has been originally registered
under the Torrens system in 1922 pursuant to the provisions of the Philippine Bill of
1902, the organic act of the Philippine Islands as a colony of the USA. Sec. 21 of the
Philippine Bill of 1902 provided that "all valuable mineral deposits in public lands in the
Philippine Islands, both surveyed and unsurveyed, are hereby declared to be free and
open to exploration, occupation and purchase, and the land in which they are found to
occupation and purchase, by citizens of the United States, or of said Islands." Sec. 27 of
the law declared that a holder of the mineral claim so located was entitled to all the
minerals that lie within his claim, but he could not mine outside the boundary lines of his
claim.

The 1935 Constitution expressly prohibited the alienation of natural resources except
agricultural lands. Sec. 2, Art. XII of the 1987 Constitution contains a similar prohibition,
and proclaims that all lands of the public domain, waters, minerals, coal, petroleum, and
other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora
and fauna, and other natural resources are owned by the State. This provision
enunciates the Regalian Doctrine.

May the Government, on the basis of the Regalian Doctrine enunciated in the
constitutional provisions, deny the bank its right as owner to the mineral resources
underneath the surface of its property as recognized under the Philippine Bill of 1902?
Explain your answer. (5%)

IX.

A.

Ambassador Robert of State Alpha committed a very serious crime while he headed his
foreign mission in the Philippines. Is he subject to arrest by Philippine authorities?
Explain your answer. (3%)

B.

Extradition is the process pursuant to a treaty between two State parties for the
surrender by the requested State to the custody of the requesting State of a fugitive
criminal residing in the former. However, extradition depends on the application of two
principles - the principle of specialty and the dual criminality principle. Explain these
principles. (4%)

C.

The President signs an agreement with his counterpart in another country involving
reciprocity in the treatment of each country's nationals residing in the other's territory.
However, he does not submit the agreement to the Senate for concurrence.

Sec. 21, Art. VII of the Constitution provides that no treaty or international agreement
shall be valid and effective without such concurrence.

Is the agreement signed by the President effective despite the lack of Senate
concurrence? Explain your answer. (4%)

X.

A.

Under the enrolled bill doctrine, the signing of a bill by both the Speaker of the House of
Representatives and the President of the Senate and the certification by the secretaries
of both Houses of Congress that the bill was passed on a certain date are conclusive on
the bill's due enactment. Assuming there is a conflict between the enrolled bill and the
legislative journal, to the effect that the enrolled bill signed by the Senate President and
eventually approved by the President turned out to be different from what the Senate
actually passed as reflected in the legislative journal.

(a) May the Senate President disregard the enrolled bill doctrine and consider his
signature as invalid and of no effect? (2.5%)

(b) May the President thereafter withdraw his signature? Explain your answer.
(2.5%)

B.

Sec. 26(2), Art. VI of the Constitution provides that no bill passed by either House of
Congress shall become a law unless it has passed three readings on separate days and
printed copies of it in its final form have been distributed to the Members of the House
three days before its passage.

Is there an exception to the provision? Explain your answer. (3%)

XI.

Sec. 17, Art. VI of the Constitution establishes an Electoral Tribunal for each of the
Houses of Congress, and makes each Electoral Tribunal "the sole judge of all contests
relating to the election, returns, and qualifications of their respective Members." On the
other hand, Sec. 2(1), C (Commission on Elections), Art. IX of the Constitution grants to
the COMELEC the power to enforce and administer all laws and regulations "relative to
the conduct of an election, plebiscite, initiative, referendum, and recall."

Considering that there is no concurrence of jurisdiction between the Electoral Tribunals


and the COMELEC, state when the jurisdiction of the Electoral Tribunals begins, and
the COMELEC's jurisdiction ends. Explain your answer. (4%)

XII.

The Congress establishes by law Philippine Funds, Inc., a private corporation, to


receive foreign donations coming from abroad during national and local calamities and
disasters, and to enable the unhampered and speedy disbursements of the donations
through the mere action of its Board of Directors. Thereby, delays in the release of the
donated funds occasioned by the stringent rules of procurement would be avoided.
Also, the releases would not come under the jurisdiction of the Commission on Audit
(COA).

(a) Is the law establishing Philippine Funds, Inc. constitutional? Explain your
answer. (3%)

(b) Can the Congress pass the law that would exempt the foreign grants from the
jurisdiction of the COA? Explain your answer. (3%)

XIII.

Command responsibility pertains to the responsibility of commanders for crimes


committed by subordinate members of the armed forces or other persons subject to
their control in international wars or domestic conflicts. The doctrine has now found
application in civil actions for human rights abuses, and in proceedings seeking the
privilege of the writ of amparo.

(a) What are the elements to be established in order to hold the superior or
commander liable under the doctrine of command responsibility? (4%)

(b) May the doctrine of command responsibility apply to the President for the
abuses of the armed forces (AFP and PNP) given his unique role as the
commander-in-chief of all the armed forces? Explain your answer. (4%)

XIV.

To fulfill a campaign promise to the poor folk in a far-flung area in Mindanao, the
President requested his friend, Pastor Roy, to devote his ministry to them. The
President would pay Pastor Roy a monthly stipend of ₱50,000.00 from his discretionary
fund, and would also erect a modest house of worship in the locality in an area of the
latter's choice.

Does the President thereby violate any provisions of the Constitution? Explain your
answer. (3%)

XV.
A.

According to Sec. 3, Art. VIII of the Constitution, the Judiciary shall enjoy fiscal
autonomy. What does the term fiscal autonomy signify? Explain your answer. (3%)

B.

May a complaint for disbarment against the Ombudsman prosper during her
incumbency? Explain your answer. (3%)

C.

Sec. 3, Art. XI of the Constitution states that "[n]o impeachment proceedings shall be
initiated against the same official more than once within a period of one year."

What constitutes initiation of impeachment proceedings under the provision? (3%)

-NOTHING FOLLOWS-
2018 BAR EXAMINATIONS
POLITICAL LAW

November 4, 2018 8:00 A.M. - 12:00 N.N.


INSTRUCTIONS

1. This Questionnaire contains ten (10) pages including this page. Check the number of
pages and their proper sequencing. You may write notes on this Questionnaire.

Read each question very carefully and write your answers in your Bar Examination
Notebook in the same order as the questions. Write your answers only on the front page
of every sheet. Note well the allocated percentage points for each question or sub-
question. In your answers, use the numbering system in the questionnaire.

2. Answer the questions legibly, clearly, and concisely. Start each answer 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.

3. 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, and/or jurisprudence.

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
REWRITE OR REPEAT THE QUESTION ON YOUR NOTEBOOK.

4. Do not write your name or any extraneous note/s 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 Notebook is considered cheating and can
disqualify you.

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE MARIANO C. DEL CASTILLO


Chairperson
2018 Bar Examinations

I.

Congress enacted a law to provide Filipinos, especially the poor and the marginalized,
access and information to a full range of modern family planning methods, including
contraceptives, intrauterine devices, injectibles, non- abortifacient hormonal
contraceptives, and family planning products and supplies, but expressly prohibited
abortion. To ensure its objectives, the law made it mandatory for health providers to
provide information on the full range of modern family planning methods, supplies and
services, for schools to provide reproductive health education, for non-governmental
medical practitioners to render mandatory 48 hours pro bono reproductive health
services as a condition to Philhealth accreditation, and for couples desiring to marry to
attend a family planning seminar prior to the issuance of a marriage license. It also
punishes certain acts of refusals to carry out its mandates. The spouses Aguiluz, both
Roman Catholics, filed a petition to declare the law as unconstitutional based on,
among others, the following grounds:

(a) It violates the right to life, since it practically sanctions abortion. Despite
express terms prohibiting abortion, petitioners claim that the family planning
products and supplies oppose the initiation of life, which is a fundamental human
right, and the sanction of contraceptive use contravenes natural law and is an
affront to the dignity of man.

(b) It violates the constitutional prohibition against involuntary servitude because


it requires medical practitioners to render 48 hours of pro bono reproductive
health services which may be against their will.

(c) It violates the Freedom of Religion, since petitioners' religious beliefs prevent
them from using contraceptives, and that any State- sponsored procurement of
contraceptives, funded by taxes, violates the guarantee of religious freedom.

Rule on each of the above objections. (2.5% each)

II

Agnes was allegedly picked up by a group of military men headed by Gen. Altamirano,
and was brought to several military camps where she was interrogated, beaten, mauled,
tortured, and threatened with death if she would not confess her membership in the
New People's Army (NPA) and point to the location of NPA camps. She suffered for
several days until she was released after she signed a document saying that she was a
surenderee, and was not abducted or harmed by the military. After she was released,
and alleging that her rights to life, liberty and security had been violated and continued
to be threatened by violation of such rights, she filed with the Supreme Court (the Court)
a Petition for the Writs of Amparo and Habeas Data with prayers for Temporary
Protection Orders, Inspection of Place, and Production of Documents and Personal
Properties. The case was filed against President Amoyo (who was the President of the
Philippines when the abduction, beating, mauling and life threats were committed),
General Altamirano, and several military men whom Agnes was able to recognize
during her ordeal. The Court, after finding the petition to be in order, issued the writ
of amparo and the writ of habeas data and directed the respondents to file a verified
return on the writs, and directed the Court of Appeals (CA) to hear the petition. The
respondents duly filed their return on the writs and produced the documents in their
possession. After hearing, the CA ruled that there was no more need to issue the
temporary protection orders since the writ of amparo had already been issued, and
dismissed the petition against President Amoyo on the ground that he was immune from
suit during his incumbency as President. Agnes appealed the CA ruling to the Court.
The appeal was lodged after President Amoyo's term had ended.

(a) Was the CA correct in saying that the writ of amparo rendered unnecessary
the issuance of the temporary protection order? (2.5%)

(b) Will the President's immunity from suit continue even after his term has
ended, considering that the events covered by the Petition took place during his
term? (2.5%)

III

What and whose vote is required for the following acts: (2% each)

(a) the repeal of a tax exemption law;

(b) a declaration of the existence of a state of war;

(c) the amendment of a constitutional provision through a constituent assembly;

(d) the resolution of a tie in a presidential election; and

(e) the extension of the period for the suspension of the privilege of the writ of
habeas corpus?

IV

The Province of Amaya is one of the smallest provinces in the Philippines with only one
legislative district composed of four municipalities: Uno, Dos, Tres, and Cuatro.

Andres, a resident and registered voter of Cuatro municipality, ran and was elected as
member of the Sangguniang Panlalawigan (SP) of Amaya in the 2010 and 2013 local
elections.

While Andres was serving his second term as ·sp member, a law was enacted re-
apportioning the four towns of Amaya into two legislative districts: Uno and Dos
comprising the First District, and Tres and Cuatro comprising the Second District.

In the 2016 local elections, Andres ran and was elected as member of the SP of Amaya
representing the Second District.

Andres seeks your legal advice regarding his intention to run as a member of the SP of
Amaya for the Second District in the next local elections in 2019. What will you advise
Andres? (2.5%)

State whether or not the following acts are constitutional: (2% each)

(a) A law prescribing as qualifications for appointment to any court lower than the
Supreme Court, Philippine citizenship, whether natural-born or naturalized, 35
years of age on the date of appointment, and at least eight years as a member of
the Philippine Bar;

(b) A law requiring all candidates for national or local elective offices to be
college degree holders;

(c) The designation by the President of an acting Associate Commissioner of the


Civil Service Commission;

(d) The appointment by the President as Deputy Ombudsman of a lawyer who


has been engaged in the practice of law for five years; and

(e) The nomination by a national party-list of a person who is not one of its bona
fide members.

VI

Ang Araw, a multi-sectoral party-list organization duly registered as such with the
Commission on Elections (Comelec), was proclaimed as one of the winning party-list
groups in the last national elections. Its first nominee, Alejandro, assumed office as the
party-list representative.

About one year after Alejandro assumed office, the Interim Central Committee of Ang
Araw expelled Alejandro from the party for disloyalty and replaced him with Andoy, its
second nominee. Alejandro questioned before the Comelec his expulsion and
replacement by Andoy.

The Comelec considered Alejandro's petition as an intra-party dispute which it could


resolve as an incident of its power to register political parties; it proceeded to uphold the
expulsion.

Is the Comelec's ruling correct? (5%)

VII

The 2016 mayoralty race in the City of Ardania included Arnaldo and Anacleto as
contenders.
Arnaldo filed a petition with the Comelec to cancel Anacleto's Certificate of Candidacy
(CoC) for misrepresenting himself as a Filipino citizen. Arnaldo presented as evidence a
copy of Anacleto's Spanish passport and a certification from the Bureau of Immigration
(Bl) showing that Anacleto used the same passport several times to travel to and from
Manila and Madrid or Barcelona.

In his Comment, Anacleto claimed that, a year prior to filing his CoC, he had complied
with all the requirements of R.A. No. 9225 (Citizenship Retention and Re-acquisition Act
of 2003) to reacquire his Philippine citizenship by taking an oath of allegiance and
executing a sworn renunciation of his Spanish citizenship. He defended the use of his
Spanish passport subsequent to taking his oath of allegiance to the Philippines as a
practical necessity since he had yet to obtain his Philippine passport despite reacquiring
his Philippine citizenship. Even after he secured his Philippine passport, he said he had
to wait for the issuance of a Schengen visa to allow him to travel to Spain to visit his
wife and minor children.

(a) Based on the allegations of the parties, is there sufficient ground to cancel
Anacleto's CoC? (2.5%)

(b) In case Anacleto's CoC is properly cancelled, who should serve as mayor of
Ardania City: Arnaldo, who obtained the second highest number votes, or
Andrea, the duly-elected Vice Mayor of the City? (2.5%)

VIII

Two petitions for the cancellation of Certificate of Candidacy (CoC)/Denial of Due


Course were filed with the Comelec against two candidates running as municipal
mayors of different towns.

The first petition was against Anselmo. Years ago, Anselmo was charged and convicted
of the crime of rape by final judgment, and was sentenced to suffer the principal penalty
of reclusion perpetua which carried the accessory penalty of perpetual absolute
disqualification. While Anselmo was in prison, the President commuted his sentence
and he was discharged from prison.

The second petition was against Ambrosio. Ambrosio's residency was questioned
because he was allegedly a "green card holder," i.e., a permanent resident of the US,
as evidenced by a certification to this effect from the US Embassy.

Acting on the recommendations of its Law Department, the Comelec en banc motu
proprio issued two resolutions granting the petitions against Anselmo and Ambrosio.

Both Anselmo and Ambrosio filed separate petitions with the Supreme Court assailing
the resolutions cancelling their respective CoCs. Both claimed that the Comelec en
bane acted with grave abuse of discretion amounting to lack or excess of jurisdiction
because the petitions should have first been heard and resolved by one of the
Comelec's Divisions.

Are Anselmo and Ambrosio correct? (5%)

IX

In 1990, Agripina migrated to Canada and acquired Canadian citizenship.

In 2008, Agripina retired and returned to the Philippines to permanently reside in her
hometown of Angeles, Pampanga. A month after returning to the Philippines, Agripina
took her oath of allegiance and executed a sworn renunciation of her Canadian
citizenship in accordance with R.A. No. 9225.

In 2009, Agripina filed her certificate of candidacy for Congress for the 2010 elections.
Agripina's political rivals lost no time in causing the filing of various actions to question
her candidacy. They questioned her eligibility to run as member of Congress. Since
Agripina had to take an oath under R.A. No. 9225, it meant that she needed to perform
an act to perfect her Philippine citizenship.

Hence, they claimed that Agripina could not be considered a natural-born citizen.
Agripina raised the defense that, having complied with the requirements of R.A. No.
9225, she had reacquired, and was deemed never to have lost, her Philippine
citizenship.

Is Agripina disqualified to run for Congress for failing to meet the citizenship
requirement? (2.5%)

Ascertain the constitutionality of the following acts: (2.5% each)

(a) An investigation conducted by the Ombudsman against a Commissioner of


the Commission on Audit for serious misconduct.

(b) A law prohibiting any court, other than the Supreme Court, from issuing a writ
of injunction against an investigation being conducted by the Ombudsman.

(c) A law prohibiting any appeal from the decision or final order of the
Ombudsman in an administrative proceeding, except through a petition for review
on certiorari filed before the Supreme Court.

XI

Under Section 6 of Article V (on Criminal Jurisdiction) of the Visiting Forces Agreement
(VFA), the custody of a United States (US) personnel who becomes subject to criminal
prosecution before a Philippine court shall be with the US military authorities, if the latter
so requests. The custody shall begin from the commission of the offense until the
completion of all judicial proceedings. However, when requested, the US military
authorities shall make the US personnel available to Philippine authorities for any
investigative or judicial proceeding relating to the offense with which the person has
been charged. In the event that the Philippine judicial proceedings are not completed
within one year, the US shall be relieved of any obligation under Section 6.

The constitutionality of Section 6, Article V of the VFA is challenged on two grounds: (1)
it nullifies the exclusive power of the Supreme Court to adopt rules of procedure for all
courts in the Philippines; and (2) it violates the equal protection clause to the extent that
it allows the transfer of the custody of an accused to a foreign power as providing a
different rule of procedure for that accused.

Rule on the challenge. (5%)

XII

Section 9 of P.O. No. 1606, as amended, provides that the Sandiganbayan may adopt
internal rules governing the allotment of cases among its divisions, the rotation of
justices among them, and other matters relating to the internal operations of the court.

Section 6 of Article IX-A of the Constitution allows each of the Constitutional


Commissions "en bane [to] promulgate its own rules concerning pleadings and practice
before it or before any of its offices. Such rules however shall not diminish, increase, or
modify substantive rights."

Section 16(3) of Article VI of the Constitution states that "Each House may determine
the rules of its proceedings." Section 21, Article VI of the Constitution further provides
that "The Senate or the House of Representatives or any of its respective committees
may conduct inquiries... in accordance with its duly published rules of procedure."

Finally, Section 3(8) of Article XI of the Constitution declares that "The Congress shall
promulgate its rules on impeachment to effectively carry out the purposes of this
section."

Are the rules promulgated pursuant to these provisions subject to review and
disapproval by the Supreme Court? (5%)

XIII

PO1 Adrian Andal is known to have taken bribes from apprehended motorists who have
violated traffic rules. The National Bureau of Investigation conducted an entrapment
operation where P01 Adrian was caught red-handed demanding and taking PhP500.00
from a motorist who supposedly beat a red light.

After he was apprehended, PO1 Adrian was required to submit a sample of his urine.
The drug test showed that he was positive for dangerous drugs. Hence, PO1 Adrian
was charged with violation of Section 15, Article II of R.A. No. 9165 or the
Comprehensive Dangerous Drugs Act of 2002.

PO1 Adrian argues against the admissibility of the urine test results and seeks its
exclusion. He claims that the mandatory drug test under R.A. No. 9165 is a violation of
the accused's right to privacy and right against self-incrimination.

Are PO1 Adrian's contentions correct? (2.5%)

XIV

Amoroso was· charged with treason before a military court martial. He was acquitted.

He was later charged with the same offense before a Regional Trial Court. He asks that
the information be quashed on the ground of double jeopardy.

The prosecution objects, contending that for purposes of double jeopardy, the military
court martial cannot be considered as a "competent court."

Should the Regional Trial Court grant Amoroso's motion to quash on the ground of
double jeopardy? (2.5%)

XV

Annika sued the Republic of the Philippines, represented by the Director of the Bureau
of Plant Industry, and asked for the revocation of a deed of donation executed by her in
favor of said Bureau. She alleged that, contrary to the terms of the donation, the donee
failed to install lighting facilities and a water system on the property donated, and to
build an office building and parking lot thereon, which should have been constructed
and made ready for occupancy on or before the date fixed in the deed of donation.

The Republic invoked state immunity and moved for the dismissal of the case on the
ground that it had not consented to be sued. Should the Republic's motion be granted?
(2.5%)

XVI

Five foreign nationals arrived at the NAIA from Hong Kong. After retrieving their
checked-in luggage, they placed all their bags in one pushcart and proceeded to
Express Lane 5. They were instructed to place their luggage on the examiner's table for
inspection.

The examiner found brown-colored boxes, similar in size to powdered milk boxes,
underneath the clothes inside the foreigners' bags. The examiner discovered white
crystalline substances inside the boxes that he inspected and proceeded to bundle all of
the boxes by putting masking tape around them. He thereafter handed the boxes over
to Bureau of Customs agents. The agents called out the names of the foreigners one by
one and ordered them to sign their names on the masking tape placed on the boxes
recovered from their respective bags. The contents of the boxes were thereafter
subjected to tests which confirmed that the substance was shabu.

Can the shabu found inside the boxes be admitted in evidence against the five
foreigners for the charge of illegal possession of drugs in violation of the
Comprehensive Dangerous Drugs Act of 2002? (2.5%)

XVII

The police served a warrant of arrest on Ariston who was suspected of raping and killing
a female high school student. While on the way to the police station, one of the police
officers who served the warrant asked Ariston in the local dialect if he really raped and
killed the student, and Ariston nodded and said, "Opo." Upon arriving at the police
station, Ariston saw the City Mayor, whom he approached and asked if they could talk
privately. The Mayor led Ariston to his office and, while there in conversation with the
Mayor, Ariston broke down and admitted that he raped and killed the student. The
Mayor thereafter opened the door of the room to let the public and media
representatives witness Ariston's confession. In the presence of the Mayor, the police
and the media, and in response to questions asked by some members of the media,
Ariston sorrowfully confessed his guilt and sought forgiveness for his actions.

Which of these extrajudicial confessions, if any, would you consider as admissible in


evidence against Ariston? (5%)

XVIII

Two police teams monitored the payment of ransom in a kidnapping case.

The bag containing the ransom money was placed inside an unlocked trunk of a car
which was parked at the Angola Commercial Center in Mandaluyong City.

The first police team, stationed in an area near where the car was parked, witnessed
the retrieval by the kidnappers of the bag from the unlocked trunk. The kidnappers
thereafter boarded their car and proceeded towards the direction of Amorsolo St. in
Makati City where the second police team was waiting.

Upon confirmation by radio report from the first police team that the kidnappers were
heading towards their direction, the second police team proceeded to conduct
surveillance on the car of the kidnappers, eventually saw it enter Ayala Commercial
Center in Makati City, and the police team finally blocked it when it slowed down. The
members of the second police team approached the vehicle and proceeded to arrest
the kidnappers.
Is the warrantless arrest of the kidnappers by the second police team lawful? (5%)

XIX

President Alfredo died during his third year in office. In accordance with the
Constitution, Vice President Anastasia succeeded him. President Anastasia then
nominated the late President Alfredo's Executive Secretary, Anna Maria, as her
replacement as Vice President. The nomination was confirmed by a majority of all the
Members of the House of Representatives and the Senate, voting separately.

(a) Is Anna Maria's assumption as Vice President valid? (2.5%)

(b) Can Anastasia run as President in the next election? (2.5%)

XX

Andreas and Aristotle are foreign nationals working with the Asian Development Bank
(ADS) in its headquarters in Manila. Both were charged with criminal acts before the
local trial courts.

Andreas was caught importing illegal drugs into the country as part of his "personal
effects" and was thus charged with violation of Comprehensive Dangerous Drugs Act of
2002. Before the criminal proceedings could commence, the President had him
deported as an undesirable alien. Aristotle was charged with grave oral defamation for
uttering defamatory words against a colleague at work. In his defense, Aristotle claimed
diplomatic immunity. He presented as proof a communication from the Department of
Foreign Affairs stating that, pursuant to the Agreement between the Philippine
Government and the ADS, the bank's officers and staff are immune from legal
processes with respect to acts performed by them in their official capacity.

(a) Can the President's act of deporting an undesirable alien be subject to judicial
review? (2.5%)

(b) Is Aristotle's claim of diplomatic immunity proper? (2.5%)

-NOTHING FOLLOWS-

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