1997 Bar Exam Questionnaire

1. Q. What do you understand by the "Doctrine of Incorporation in Constitutional Law?

2. Q. The Sangguniang Panlungsod of Manila approved an ordinance (No. 1000)
prohibiting the operation in the streets within the city limits of taxicab units over eight
years old (from year of manufacture). The imposable penalty for violation thereof is a fine
of P4,000.00 or imprisonment for one year upon the erring operator.
Thereafter and while the city ordinance was already in effect, Congress enacted a law
(Republic Act No. 500) prohibiting the operation in the streets of cities throughout the
country of taxicab units beyond ten years old. The imposable penalty for violation thereof
is the same as in Ordinance No. 1000.
A, an owner/operator of a taxicab unit operating in the City of Manila, was charged with
violation of the city ordinance. Upon arraignment, he pleaded not guilty; whereupon, trial
was set five days thereafter. For failure of the witnesses to appear at the trial, the City
Court dismissed the case against A.
The City Prosecutor of Manila forthwith filed another information in the same court
charging A with violation of Republic Act No. 500 for operating the taxicab unit subject of
the information in the first case.
The accused moved to dismiss the second case against him invoking double jeopardy.
How would you rule on As motion if you were the Judge?
3. Q. Are government-owned or controlled corporations within the scope and meaning of
the Government of the Philippines?
4. Q. Upon request of a group of overseas contract workers in Brunei, Rev. Father Juan de
la Cruz, a Roman Catholic priest, was sent to that country by the President of the
Philippines to minister to their spiritual needs. The travel expenses, per diems, clothing
allowance and monthly stipend of P5,000.00 were ordered charged against the
Presidents discretionary fund. Upon post audit of the vouchers therefor, the Commission
on Audit refused approval thereof claiming that the expenditures were in violation of the
Constitution.
Was the Commission on Audit correct in disallowing the vouchers in question?

5. Q. To what extent, if at all, has the 1987 Constitution affected the political question
doctrine?
6. Q. It is said that "waiver of immunity by the State does not mean a concession of its
liability. What are the implications of this phrase?
7. Q. A month before a forthcoming election, A one of the incumbent Commissioners of
the Commission on Elections, died while in office and B, another Commissioner,
suffered a severe stroke. In view of the proximity of the elections and to avoid
paralyzation in the Commission on Elections, the President who was not running for any
office, appointed Commissioner C of the Commission on Audit, who was not a lawyer but
a certified public accountant by profession, ad interim Commissioner to succeed
Commissioner A and designated, by way of a temporary measure, Associate Justice D
of the Court of Appeals as acting Associate Commissioner during the absence of
Commissioner B.
Did the President do the right thing in extending such ad interim appointment in favor of
Commissioner C and designating Justice D acting Commissioner of the Commission on
Elections?
8. Q. About a hundred people occupied a parcel of land in Quezon City belonging to the
city government and built shanties thereon which they utilized for dwelling, sari-sari
stores, etc. The City Mayor issued an order directing the occupants to vacate the
structures within five days from notice, otherwise they would be evicted and relocated
and their shanties removed, in order that the parcel of land could be converted into a
park for public use and enjoyment.
The inhabitants of the parcel of land complained to the Commission on Human Rights
urging that the Mayor of Quezon City be stopped from doing what he has threatened to
do.
The Commission on Human Rights, after conducting an investigation and finding that
the shanties of petitioners were already being demolished by then, ordered the Quezon
City Mayor and persons implementing his order to cease and desist from demolishing
petitioners shanties under pain of contempt.
What have you to say on the validity of the actuation of the Commission on Human
Rights in relation to that of the Quezon City Mayor?
9. Q. Due to over-crowding in the public market in Paco, Manila, the City Council passed an
ordinance allowing the lease to vendors of parts of the streets where the public market is

located, provided that the lessees pay to the city government a fee of P50.00 per square
meter of the area occupied by the lessees. The residents in the area complained to the
Mayor that the lease of the public streets would cause serious traffic problems to them.
The Mayor cancelled the lease and ordered the removal of the stalls constructed on the
streets.
Was the act of the Mayor legal?
10. Q. A, while on board a passenger jeep one night, was held up by a group of three
teenagers who forcibly divested her of her watch, necklace and wallet containing
P100.00. That done, the trio jumped off the passenger jeep and fled.
B, the jeep driver, and A complained to the police to whom they gave description of the
culprits. According to the jeep driver, he would be able to identify the culprits if presented
to him. Next morning A and B were summoned to the police station where five persons
were lined up before them for identification. A and B positively identified C and D as the
culprits.
After preliminary investigation, C and D and one John Doe were charged with robbery in
an information filed against them in court. C and D set up, in defense, the illegality of
their apprehension, arrest and confinement based on the identification made of them by
A and B at a police line-up at which they were not assisted by counsel.
How would you resolve the issues raised by C and D?
11. Q. During a period of national emergency, Congress may grant emergency powers to the
President. State the conditions under which such a vesture is allowed.
12. Q. Section 28, Title VI, Chapter 9, of the Administrative Code of 1987 requires all
educational institutions to observe a simple and dignified flag ceremony, including the
playing or singing of the Philippine National Anthem, pursuant to rules to be promulgated
by the Secretary of Education, Culture and Sports. The refusal of a teacher, student or
pupil to attend or participate in the flag ceremony is a ground for dismissal after due
investigation. The Secretary of Education, Culture and Sports issued a memorandum
implementing said provision of law. As ordered, the flag ceremony would be held on
Mondays at 7:30 a.m. during class days.

A group of teachers, students and pupils requested the Secretary that they be exempted
from attending the flag ceremony on the ground that attendance thereto was against their
religious belief. The Secretary denied the request. The teachers, students and pupils
concerned went to Court to have the memorandum circular declared null and void.
Decide the case.
13. Q. Upon complaint of the incumbent President of the Republic, A was charged with libel
before the Regional Trial Court. A moved to dismiss the information on the ground that
the Court had no jurisdiction over the offense charged because the President, being
immune from suit, should also be disqualified from filing a case against A" in court.
Resolve the motion.
14. Q. (a) When may the privilege of the writ of habeas corpus be suspended?
(b) If validly declared, what would be the full consequences of such suspension?
15. Q. Governor A was charged administratively with oppression and was placed under
preventive suspension from office during the pendency of his case. Found guilty of the
charge, the President suspended him from office for ninety days. Later, the President
granted him clemency by reducing the period of his suspension to the period he has
already served. The Vice-Governor questioned the validity of the exercise of executive
clemency on the ground that it could be granted only in criminal, not administrative,
cases.
How should the question be resolved?
16. Q. A, while serving imprisonment for estafa, upon recommendation of the Board of
Pardons and Parole, was granted pardon by the President on condition that he should
not again violate any penal law of the land. Later, the Board of Pardons and Parole
recommended to the President the cancellation of the pardon granted him because A
had been charged with estafa on 20 counts and was convicted of the offense charged
although he took an appeal therefrom which was still pending. As recommended, the
President canceled the pardon he had granted to A. A was thus arrested and imprisoned
to serve the balance of his sentence in the first case. A claimed in his petition for habeas

corpus filed in court that his detention was illegal because he had not yet been convicted
by final judgment and was not given a chance to be heard before he was recommitted to
prison.
Is As argument valid?
17. Q. State how (a) pre-proclamation controversies, on the one hand, and (b) election
protests, on the other, are initiated, heard and finally resolved.
18. Q. A, while an incumbent Governor of his province, was invited by the Government of
Cambodia as its official guest. While there, the sovereign king awarded Governor A with
a decoration of honor and gifted him with a gold ring of insignificant monetary value, both
of which he accepted.
Was Governor As acceptance of the decoration and gift violative of the Constitution?
19. Q. X, a Secretary and Consul in the American Embassy in Manila, bought from B a
diamond ring in the amount of P50,000.00 which he later gave as a birthday present to
his Filipino girlfriend. The purchase price was paid in check drawn upon the Citibank.
Upon presentment for payment, the check was dishonored for insufficiency of funds.
Because of X's failure to make good the dishonored check, Bfiled a complaint against X
in the Office of the City Prosecutor of Manila for violation of Batas Pambansa Big. 22.
After preliminary investigation, the information was filed against X in the City Court of
Manila. X filed a motion to dismiss the case against him on the ground that he is a
Secretary and Consul in the American Embassy enjoying diplomatic immunity from
criminal prosecution in the Philippines.
If you were the Judge, how would you resolve the motion to dismiss?
20. Q. State the various modes of, and steps in, revising or amending the Philippine
Constitution.

NOTE: TAKEN FROM FB: Dean Ralph Sarmiento's Bar Exam Notebooks