UNIVERSITY OF SAN JOSE-RECOLETOS

School of Law

BAR TIPS by PROF. AMANDO VIRGIL LIGUTAN

POLITICALLAW
SampleMCQswithAnswers&EssayQuestionswithAnswers

1.DebbieSo,anAssociateinRadiologicTechnologygraduate,gotemployedatChongHuaHospital
in1987asanXRayTechnician.In1992,CongresspassedtheRadiologicTechnologyActof1992
which states that no person shall practice or offer to practice as a radiology and/or xray
technologist without having obtained the proper certificate of registration from the Board of
Radiologic Technology. Chong Hua notified all radiologic practitioners to comply with
theRadiologicTechnologyActof1992.DebbieSofailedtocomplyandeventuallylostherjob.She
comes to you with the query whether or not her termination from employment is legal. What
wouldyoutellher?
a) No,herterminationfromemploymentisnotlegalasitviolatesherrightconstitutionalright
tosecurityoftenureasitbasedonarequirementthatwasinexistentatthetimeshewas
acceptedforemployment.

b) Yes, her termination from employment is legal as it is the right of the State in the
exerciseofpolicepowertorequirepersonswhodesiretopracticeradiologyand/or
xray technology to take an examination as a prerequisite to actual practice of the
profession.
c) No, her termination from employment is not legal as it gives retroactive effect to a law
passedbyCongressthatresultstotheprejudiceofindividualsaffectedbythenewlaw.
d) Yes, her termination from employment is legal as due process was served because Chong
Hua notified her to comply with the requirement under RadiologicTechnologyActof1992
andshefailedtocomply.

2. Debbie Sos boyfriend, Roy Diola, an employee of the Department of Health Region 7and a
graduating medical student at the Cebu Institute Medicine, got wind of a bill in Congress that
would require all new medical doctors to take an oath that they will not leave the country to
work abroad within 6 years after passing the medical board examinations under pain of
revocationoftheirlicensesiftheyworkabroad.Henowasksyouifthelawisvalid.Whatwould
youtellhim?

a) Yes,thepromotionoftherighttohealthandwellbeingoftheFilipinosjustifiesthepenalty
thatwillbeimposedonthosethatwillviolateitsprohibition.
b) No, because by depriving the doctors, without trial, of the right to practice their
profession, which is a form of penalty, Congress is violating the prohibition against
billofattainder.
c) Yes, all the doctors are duly notified of the prohibition laid down by Congress that they
cannotlaterclaimthattheprohibitionisunconstitutional.

d) No, the prohibition is a violation of their right to travel abroad which is enshrined in the
Constitution.

3.RoyDioladiscoveredseveralanomaliesattheDepartmentofHealthRegion7.Hewrotealetter
toCabinetSecretaryJoseAlmendras,whointurninformedPresidentAquinoaboutthereported
anomalies.AnadministrativechargefordishonestywasfiledagainstseveralemployeeofDOH
Region 7. President Aquino created a special committee to investigate the matter. The special
committee recommended the dismissal of said employees. Simply relying on the resolution of
the committee, the Secretary of Health ordered the dismissal of said employees. Is there due
processintheterminationoftheemployees?

a) Yes, due process allows an administrative officer to simply rely on the decision of his
subordinatesincomingupwithhisorherowndecisionsolongashisorhersubordinates
werefullyauthorizedtoconducttheinvestigation.
b) No,dueprocessinadministrativeproceedingsrequiresthatanadministrativeofficer
mustactonhisownconsiderationofthelawandthefactsofthecontroversyandnot
simplyaccepttheviewsofhissubordinateinarrivingathisowndecision.
c) Yes, so long as the Secretary of Health agrees with the recommendation of the special
committee,heorshemaysimplyrelyonitandissueanorderdismissingtheemployees.
d) No,dueprocessdoesnotallowthataseparateentity,likethespecialcommitteeinthiscase,
recommenditsowndecisiontotheadministrativeofficerwhowilldecidethecontroversy.

4. One of the dismissed employees of DOHRegion 7 filed a complaintfor graft and corruption
against the President with the Office of the Ombudsman. Roy Diola was confounded with the
turn of events. He approaches you with the query whether or not the President may be
investigatedbytheOfficeoftheOmbudsmanforgraftandcorruptionduringhistenureofoffice?

a) Yes, the Presidents immunity from suit does not include investigation by a constitutional
bodyliketheOfficeoftheOmbudsman.
b) No,thePresidentenjoysimmunityfromcivilandcriminalsuitduringhertenureof
office.
c) Yes, the Presidents immunity from suit only prohibits the actual carrying out of
punishmentandnottheinvestigationtodeterminethePresidentsguilt.
d) No, the Office of the Ombudsman is under the direct control and supervision of the
Presidentthatprohibitstheformerfrominvestigatingthelatter.

5. Roy Diola was not satisfied with your answer to his query. He wanted to know for himself
whetherornotthePresidentmaybeinvestigatedbytheOfficeoftheOmbudsmanforgraftand
corruption during his tenure of office. He bought a constitutional law book, read it, and came
acrossthedoctrinethattherecanbenolegalrightagainsttheauthoritywhichmakesthelaw
onwhichtherightdepends.Whatdoyoucallthisdoctrine?

a) ParInParemNonHabetImperiumDoctrine
b) ParensPatriaeDoctrine
c) RoyalPrerogativeofDishonestyDoctrine
d) RegalianDoctrine

6.Inthecourseofhisstudy,RoyDiolashiftedhisattentiontotheOfficeoftheOmbudsman.Henow
asksyouwhatarethequalificationsoftheOmbudsman.Whatwouldyoutellhim?

a) Naturalborn citizen; at least forty (40) years old at the time of appointment; of
recognizedprobity and independence; must have been a judge or engaged in the
practiceoflawinthePhilippinesforten(10)years;mustnothavebeencandidatefor
anyelectiveofficeintheimmediatelyprecedingelection
b) Naturalborn citizen; at least thirtyfive (35) years old at the time of appointment; of
recognizedprobityandindependence;musthavebeenajudgeorengagedinthepracticeof
law in the Philippines for ten (10) years; must not have been candidate for any elective
officeintheimmediatelyprecedingelection
c) Filipino citizen; at least forty (40) years old at the time of appointment; of recognized
probityandindependence;musthavebeenajudgeorengagedinthepracticeoflawinthe
Philippines for ten (10) years; must not have been candidate for any elective office in the
immediatelyprecedingelection
d) Filipinocitizen;atleastthirtyfive(35)yearsoldatthetimeofappointment;ofrecognized
probityandindependence;musthavebeenajudgeorengagedinthepracticeoflawinthe
Philippines for ten (10) years; must not have been candidate for any elective office in the
immediatelyprecedingelection

7.Oneafternoon,RoyDiolahadanaltercationwithhisneighbor,anMTCCjudge.Royknewthatthe
judge entertains in his home lawyers and litigants alike. He now wonders: Can the Ombudsman
initiateorinvestigateacriminaloradministrativecomplaintagainstthejudge?

a) Yes, the Constitution explicitly provides that the Ombudsman shall have jurisdiction on
complaintsfiledagainstallpublicofficials,whichnecessarilyincludejudges.
b) No, the Ombudsman cannot initiate or investigate a criminal or administrative
complaint against a judge without encroaching into Supreme Courts power of
administrativesupervisionoverallcourtsanditspersonnel.
c) Yes,theOmbudsmanbeingaconstitutionalbodycanalsoinitiateorinvestigateacriminal
oradministrativecomplaintagainstjudgeswithoutviolatingtheSupremeCourtspowerof
administrativesupervisionoverallcourtsanditspersonnel.
d) Answers(a)and(c).

8.InSeptember2003,SenatorUUofthePagasangBayanPoliticalPartydeclaredthewithdrawalof
supportofthepoliticalpartyfromtheadministrationofPresidentKK.GovernorSS,aleadingfigure
of the party and staunched ally of President KK, called the senior members of the party to a
luncheonmeetingattheManilaHotelinAugust 2003.Duringtheluncheonmeeting, GovernorSS
and his allies declared all positions of the party leadership vacant and called for the election of a
new set of officers, which was not allowed under the partys constitution. The following day,
SenatorUUconvenedtheofficersofthepartytodiscussthesituationbroughtabouttheactionsof
GovernorSSandhisalliesthepreviousdayanditspossibleeffecttothelattersmembershiptothe
party.DuringthemeetingthepartyleadershipexpelledGovernorSSandhisalliesfromtheparty.
Governor SS comes to you with a query whether or not their expulsion from the party is in
accordancewiththeconstitutionalguaranteetodueprocess.Whatwouldyoutellhim?
a) Yes,theirexpulsionfromthepartyisinaccordancewithdueprocessastheywereexpelled
themduringameetingthatwasofficiallyconvenedbythepartyleadership.
b) No, their expulsion from the party may not be considered as a violation of due
process as the latter does not apply to the expulsion of apolitical party of its
members.
c) Yes,theirexpulsionfromthepartyisinaccordancewithdueprocessasitwasbasedonacts
thatwerenotinaccordancewiththepartysconstitution.
d) No, their expulsion was not in accordance with dueprocess as they were not given the
opportunitytoairtheirsidebeforetheywereexpelledfromtheparty.

9. Honorable MM, son of Governor SS and a party mate of President KK, ran for Chairman of
BarangayKatipunanduringtherecentlyconcludedbarangayelectionsandlost.However,President
KKknewthatHonorableMMwasanaccomplishedpublicservantandpopularamongthepoor.So
President KK appointed Honorable MM as Chairman of the Philippine Charity Sweepstakes Office
(PCSO) within one year from the conduct of the last elections. Is Honorable MMs appointment
valid?
a) Honorable MMs appointment is not valid because the President is prohibited from
appointinghisownpartymatestogovernmentofficeonthegroundofnepotism.
b) HonorableMMsappointmentisvalidbecausehewasanaccomplishedpublicservantand
popularamongthepoorpriortohisappointment.
c) Honorable MMs appointment is not valid because it was issued within the oneyear
prohibitiononappointinglosingcandidatesforelectiveofficetoanygovernmentposition.
d) Honorable MMs appointment is valid because the Philippine Charity Sweepstakes Office
(PCSO) is not a government agency but merely a governmentowned and controlled
corporation.
e) Noneoftheabove.

10.PresidentKKappointedMs.LLaschairpersonoftheCommissiononHumanRights.SenatorUU,
a member of the Commission on Appointments, called on the President to submit Ms. LLs
appointmenttothecommissionforitsconsideration.IsSenatorUUspositioncorrect?

a) Yes,thepositionofchairpersonoftheCommissiononHumanRightsisoneofthepositions
thatrequiretheconfirmationoftheCommissiononAppointments.
b) No,thepositionofchairpersonoftheCommissiononHumanRightsisnotoneofthe
positionsthatneedtheconfirmationoftheCommissiononAppointmentsasstatedin
theConstitution.
c) Yes, though it is not included expressly in the enumeration of presidential appointments
thatneedtheconfirmationoftheCommissiononAppointments,theappointmentstillneeds
theconfirmationoftheCommissiononAppointmentsbynecessaryimplicationasstatedin
jurisprudence.
d) No,thepositionofchairpersonoftheCommissiononHumanRightsisexpresslyexempted
bytheConstitutionfromthejurisdictionoftheCommissiononAppointments.

11.AssumingthatthepositionofchairpersonoftheCommissiononHumanRightsisnotoneofthe
positionsthatneedtheconfirmationoftheCommissiononAppointments,canCongresspassalaw
that would require that the appointment to said position be under the jurisdiction of the
CommissiononAppointments?

a) Yes,itiswithintheimpliedpowerofCongresstoaddorexemptfromtheenumerationof
appointmentsthatneedtheconfirmationoftheCommissiononAppointments.
b) No, Congress may only add other appointments that would need the confirmation of the
Commission on Appointments, but not to exempt any of the appointments that already
requiretheconfirmationoftheCommissiononAppointments.
c) Yes, the Constitution expressly provides that Congress may add appointments other than
those listed in the Constitution that would need the confirmation of the Commission on
Appointments.
d) No, Congress cannot, by law, require the confirmation of appointments other than
thoseenumeratedintheConstitution.

12.AttorneyBB,whoisapublicdefenderofthePublicAttorneysOffice(PAO)inCebu,wascharged
with violation of the AntiGraft and Corrupt Practices Act when he allowed a case to be
compromised,amicablysettledanddismissed.Criminal,civilandadministrativechargeswerefiled
against Attorney BB. After a year, however, the criminal and civil cases were dismissed by the
courts hearing them. Attorney BB then filed a motion to dismiss the administrative case on the
groundthatboththecriminalandcivilcasesarisingfromthesamesetoffactshavealreadybeen
dismissedbythecourtshearingthem.Doyouthinkhismotiontodismisswillprosper?

a) Attorney BBs motion to dismiss shall be granted since the criminal and civil cases were
alreadydismissed.
b) AttorneyBBsmotiontodismissshallbedeniedsinceithasalreadybeenoneyearsincethe
dismissalofthecriminalandcivilcases.
c) Attorney BBs motion to dismiss shall be granted even if only the criminal case was
dismissed,andeventhoughthecivilcaseshouldprosper.
d) Attorney BBs motion to dismiss shall be denied because an administrative case is
independentfromtheoutcomeofthecriminalandcivilcases.
e) Noneoftheabove.

13.TheConstitutionrequiresthatnopetitionforreviewormotionforreconsiderationofdecision
ofthecourtshallberefusedduecourseordeniedwithoutstatingthelegalbasistherefore.Inone
case,theCourtofAppealsdismissedamotionforreconsiderationinthiswise:

Evidently, the motion poses nothing new. The points and arguments raised by the
movants have been considered and passed upon in the decision sought to be reconsidered.
Thus,wefindnoreasontodisturbthesame.

DoestheforegoingdecisioncomplywiththeaforementionedConstitutionalrequirement?

a) Yes,theaboveciteddecisionadoptedbyreferencethelegalbasisofthelowercourtin
dismissingthemotionforreconsideration.
b) No, the decision did not clearly indicate what legal basis it was referring to in dismissing
themotionforreconsideration.
c) Yes, the decision is in the nature of a sin perjuicojudgment which is allowed in our
jurisdiction.
d) Answers(a)and(c)

14. It is a norm of general international law accepted and recognized by the international
communityofStatesasawholeasanormfromwhichnoderogationispermittedandwhichcanbe
modifiedonlybyasubsequentnormofgeneralinternationallawofthesamecharacter.Whatdo
youcallthisnorm?

a) ErgaOmnesnorm
b) JusCogensnorm
c) ContemporeneaExpositionorm
d) Noneoftheabove.

15. In public international law, it is a procedure whereby a State, whose citizens are harmed by
anotherstate,asksatribunaltoawarddamagestotheStatefortheharmdonetoitscitizens.What
doyoucallthisprocedure?

a) AlterEgoDoctrine

b) EspousalofClaim/DiplomaticProtection
c) Reparation
d) SpecificRestitution

16.AccordingtotheViennaConventionontheLawofTreaties,theconsentofStatestobeboundby
atreatyisexpressedbyratificationwhenthefollowingcasesarepresent.Whichofthefollowingis
notaccuratelywritten?

a) thetreatyprovidesforsuchconsenttobeexpressedbymeansofratification
b) itisotherwiseestablishedthatthe negotiatingStateswereagreedthatratificationshould
berequired
c) therepresentativeoftheStatehassignedthetreatysubjecttoratification
d) the intention of the State to sign the treaty subject to ratification appears from the full
powersofitsrepresentativeorwasexpressedduringthenegotiation
e) noneoftheabove

17.Thefollowingprovisionsofatreatyareautomaticallyoperativefromthetimeoftheadoption
ofthetext,i.e.,evenbeforethetreatysentryintoforce.Whichofthefollowingdoesnotbelongto
thegroup:

a)
b)
c)
d)
e)

provisionestablishingtheconsentofStatestobeboundbythetreaty
provisiononreservations
provisionregulatingtheauthenticationofthetreatystext
provisiononthemanneranddateofthetreatysentryintoforce
noneoftheabove.

18.Sheila Duaban,aflightattendantforBlueAir Pacific,alocalprivate airline,wasterminatedby

the airline management for being overweight. The management said that Sheila, by being
overweight, failed to maintain the required agility among flight attendants. Sheila sued the
companysayingthatthedismissalviolatedtheequalprotectionclause.Isherpositioncorrect?

a) Yes, there exist no real, actual and fundamental differences between overweight and non
overweight flight attendants when it comes to their ability to function so as to constitute
substantialdistinctionwhichmakeforrealdifferences.
b) No, the equal protection guarantee cannot be invoked against the acts of private
entitiesliketheBlueAirPacific.
c) Yes, the distinction between overweight and nonoverweight flight attendants has no
reasonable relation to the purpose of the distinction, which is to maintain a certain level of
agilityamongflightattendants.
d) Answers(a)and(c).

19.Theequalprotectionclauseallowsvalidclassificationofsubjectsthatapplies

a) onlytopresentconditions.
b) solongasitremainsrelevanttothegovernment.
c) foralimitedperiodonly.
d) foraslongastheproblemtobecorrectedexists.

20.Thefollowingarerequisitesforavalidclassificationexcept:

a) Theclassificationmustbesubstantial.

b) Theclassificationmustbegermanetothepurposesofthelaw.
c) Theclassificationisapplicabletotheexistingcondition.
d) Theclassificationisapplicableequallytoallthemembersoftheclass.
II.EssayQuestions
I.
A.

The Secretary of the Department of Environment and Natural Resources rendered a decision
against Cheryl Salud in a land dispute between her and her siblings Sergio and Armand. Cheryl
SaludelevatedtheissuetotheOfficeofthePresident.TheExecutiveSecretary,intheexerciseofthe
Presidents power of control over the Secretary of the Department of Environment and Natural
Resources, issued a ruling denying Cheryl Saluds claim. Cheryl Salud claims that the Executive
SecretarysactofdenyingherclaimiserroneousonthegroundthatonlythePresidenthim/herself
mayexercisethepresidentialpowerofcontrol.
IsCherySaludscontentioncorrect?Ifyes,why?Ifnot,whynot?
No,becausethePresidentialpowerofcontrolmaybevalidlydelegatedto Department
HeadsandtheExecutiveSecretary.
B
Claimingthatitwasexercisingpolicepower,theCityofTaclobanpassedOrdinanceNo.1513that
reclassifiesthelandoccupiedbyoildepotsofmultinationaloilcompaniesintoacommercialarea.
The Ordinance requires the immediate relocation of the oil depots to another location. The
SecretaryoftheDepartmentofEnergy(DOE),claimingasanalteregoofthePresident,opposedthe
passageofOrdinanceNo.1513bytheCityofTaclobanarguingthattheordinanceencroachedinto
its exclusive jurisdiction and discretion over the oil industry to ensure continuous, adequate and
economicsupplyofenergy.

IstheDOESecretaryspositioncorrect?Ifyes,why?Ifnot,whynot?
No, the DOE Secretary, even as an alter ego of the Chief Executive, cannot substitute his or
her own discretion for the discretion exercised by the City of Tacloban in passing the
ordinance.

II.

A.

The city government of Talisay City, under a newly elected Mayor, wants to put an end to the
growing resentment among market vendors against its plan to relocate the public market to
anotherlocation.Themarketvendorscomplainthatthenewlocationisfarfromtheirhomes.The
CityGovernmentseekstoappeasethemarketvendorsandoffertosellaportionofthepublicplaza
tothemarketvendorsatadiscountedrate.
Isthecontractofsalevalid?Ifyes,why?Ifnot,whynot?
No,theplazacannotbethesubjectofacontract.

B.

ThecitygovernmentofTalisayCityfiledacomplaintforexpropriationof3parcelsoflandowned
Mr.TonyBaluyan,awealthybusinessman.Thecitygovernmentwantedtousetheparcelsofland
asarecreationalcomplexforthemembersofthehomeowners'associationofSitioLaPaz,themost
populated residential compound in the city. Mr. Tony Baluyan challenged the complaint for
expropriation.

Isthecomplaintforexpropriationproper?Ifyes,why?Ifnot,whynot?
No,becauseitintendstobenefitaprivateorganization.

C.

TheSocietyoftheHerenines,aCatholicreligiousorderoriginatingfromItaly,establishedamission
in the Philippines. The Philippine mission of the order has about 300 clerics, 60% of which are
Italians, and the remaining 40% Filipinos. The head of the Philippine mission is Msgr. Ramon
NiegasfromBohol.Invokingthefreeexerciseofreligionclause,themissionplanstoacquireparcels
oflandinTalisayCityforreligioususeorpurpose.

WouldthemissionbeallowedtopurchaselandsinthePhilippines?Ifyes,why?Ifnot,whynot?
No,forareligiouscorporationsoletoacquirelands,itmustappearthatatleast60%ofits
membersarecitizensofthePhilippines.

III.

MasangMasa Party (MMP), a registered and dominant political party founded to pursue a
conservativeplatforminthegovernment,intendedtoparticipateinthepartylistelection,andwas
eventually qualified by COMELEC as a candidate in the partylist election. Laban ng Bayan
Party(LBP)challengedtheparticipationofMMPinthepartylistelectionasaviolationofthepolicy
ofR.A.7941.LBPfiledacomplainttocancelMMPsregistrationforpurposesofparticipatinginthe
partylistelection.Mr.ZZ,MMPschairman,consultedyouifthepartycanparticipateintheparty
listelections.Whatisthecorrectresponsetothequery?
Political parties can participate in partylist elections provided they register under the
partylistsystemanddonotfieldcandidatesinlegislativedistrictelections.Apoliticalparty,
whethermajorornot,thatfieldscandidatesinlegislativedistrictelectionscanparticipatein
partylist elections only through its sectoral wing that can separately register under the
partylistsystem.Thesectoralwingisbyitselfanindependentsectoralparty,andislinked
toapoliticalpartythroughacoalition.
IV.

A.

Mayor Gary Fuentes of Dumaguete City was charged with an administrative case for misconduct
duringhisfirstterminoffice.Heranforreelectionandwonasecondtermwithaslimmarginover
hisclosestrival.Mayhestillbeheldadministrativelyaccountableduringhissecondterminoffice
forhispreviousmisconduct?Ifyes,why?Ifnot,whynot?[5points]

No,becausewhentheelectorateputhimbacktooffice,itispresumedthatitdidsowithfull
knowledge of his previous misconduct. Such reelection is considered a condonation of his
pastmisconduct.

B.

Duringhissecondterm,MayorFuentescommittedanothermisconductforwhichhewascharged
bothcriminallyandadministratively.Hewaslaterfoundnotguiltyinthecriminalcharge.Henow
moves for the dismissal of the administrative charge on the ground that the dismissal of the
criminal charge requires that the administrative charge based on the same act should also be
dismissed.Ishispositioncorrect?Ifyes,why?Ifnot,whynot?

No,thedismissalofacriminalcaseagainstapublicofficerdoesnotnecessarilyresultinthe
dismissaloftheadministrativecasebasedonthesamesetofacts.

V.

A submarine of the Indonesian navy passed through the territorial waters of the Republic of the
PhilippinesandplantedanIndonesianflagonthebottomoftheseawithintheterritorialwatersof
the Philippines. During its passage, it was detected by a vessel of the Philippine navy and was
required to surface and display its flag. The Indonesian submarine refused. When the Philippine
vesselinsisted,theIndonesiansubmarinetorpedoedthePhilippinevessel,sinkingitandprovoking
an international incident. A multinational committee was formed by the United Nations (UN)
SecurityCounciltoinvestigatetheincident.

Under international law, was the Philippine vessel correct when it required the Indonesian
submarinetonavigateonthesurfaceanddisplayitsflagwhileitwaswithintheterritorialseaof
thePhilippines?Ifyes,why?Ifnot,whynot?

The Philippine vessel was correct in requiring the Chinese submarine to navigate on the
surface and display its flag when exercising its right of innocent passage through the
territorialseaofthePhilippines.

VI.

During the 2010 National Elections, Mrs. Gerona Pacheco, the treasurer of the Municipality of
Tuburan,CebuwasveryvocalonhersupportforVeronBarrios,anindependentcandidaterunning
for congressman of the legislative district to which the Municipality of Tuburan belongs. Mrs.
Pacheco would discuss with her neighbors the pressing local issues in the district and
VeronBarriossstandonthoseissues.Shefiguredinatleast2heatedargumentswithherneighbors
becauseofherbeingveryvocalonherchoiceofcandidate,whichannoyedherneighborswhowere
supporting anothercandidate.One of herneighborsaskedyouwhether or notMrs.Pacheco,as a
public officer, was engaging in electioneering or partisan political campaign. What would your
answerbe?

No, the prohibition on electioneering or partisan political campaign does not prevent the
expression of views on current political problems, or mention of the candidates for public
officethatthepublicofficersupports.

END