I.

(a) The present Constitution introduced the concepts and processes of Initiative and
Referendum. Compare and differentiate one from the other. (3%)

(b) To give the much needed help to the Province of Aurora which was devastated by
typhoons and torrential rains, the President declared it in a “state of calamity.” Give at least
four (4) legal effects of such declaration. (4%)

(c) Enumerate the rights of the coastal state in the exclusive economic zone. (3%)

- II -

(1.) Police Officer Henry Magiting of the Narcotics Section of the Western Police District
applied for a search warrant in the Regional Trial Court of Manila for violation of Section 11,
Article II (Possession of Prohibited Drugs) of Republic Act (R.A.) No. 9165 (Comprehensive
Dangerous Drugs Act of 2002) for the search and seizure of heroin in the cabin of the Captain
of the MSS Seastar, a foreign-registered vessel which was moored at the South Harbor, Manila,
its port of destination. Based on the affidavits of the applicant’s witnesses who were crew
members of the vessel, they saw a box containing ten (10) kilograms of heroin under the bed
in the Captain’s cabin. The RTC found probable cause for the issuance of a search warrant;
nevertheless, it denied the application on the ground that Philippine courts have no criminal
jurisdiction over violations of R.A. No. 9165 committed on foreign-registered vessels found in
Philippine waters. Is the ruling of the court correct? Support your answer with reasons. (5%)

(2.) The Philippines and Australia entered into a Treaty of Extradition concurred in by the
Senate of the Philippines on September 10, 1990. Both governments have notified each other
that the requirements for the entry into force of the Treaty have been complied with. It took
effect in 1990. The Australian government is requesting the Philippine government to
extradite its citizen, Gibson, who has committed in his country the indictable offense of
Obtaining Property by Deception in 1985. The said offense is among those enumerated as
extraditable in the Treaty. For his defense, Gibson asserts that the retroactive application of
the extradition treaty amounts to an ex post facto law. Rule on Gibson’s contention. (5%)

- III -

(1.) Italy, through its Ambassador, entered into a contract with Abad for the maintenance
and repair of specified equipment at its Embassy and Ambassador’s Residence, such as air
conditioning units, generator sets, electrical facilities, water heaters, and water motor
pumps. It was stipulated that the agreement shall be effective for a period of four years and
automatically renewed unless cancelled. Further, it provided that any suit arising from the
contract shall be filed with the proper courts in the City of Manila. Claiming that the
Maintenance Contract was unilaterally, baselessly and arbitrarily terminated, Abad sued the
State of Italy and its Ambassador before a court in the City of Manila. Among the defenses
they raised were “sovereign immunity” and “diplomatic immunity”.

(a) As counsel of Abad, refute the defenses of “sovereign immunity” and “diplomatic
immunity” raised by the State of Italy and its Ambassador.

(b) At any rate, what should be the court’s ruling on the said defenses? (5%)

(2.) Adams and Baker are American citizens residing in the Philippines. Adams befriended
Baker and became a frequent visitor at his house. One day, Adams arrived with 30 members
of the Philippine National Police, armed with a Search Warrant authorizing the search of
Baker’s house and its premises for dangerous drugs being trafficked to the United States of
America. The search purportedly yielded positive results, and Baker was charged with
Violation of the Dangerous Drugs Act. Adams was the prosecution’s principal witness.
However, for failure to prove his guilt beyond reasonable doubt, Baker was acquitted. Baker
then sued Adams for damages for filing trumped-up charges against him. Among the defenses
raised by Adams is that he has diplomatic immunity, conformably with the Vienna Convention
on Diplomatic Relations. He presented Diplomatic Notes from the American Embassy stating
that he is an agent of the United States Drug Enforcement Agency tasked with “conducting
surveillance operations” on suspected drug dealers in the Philippines believed to be the
source of prohibited drugs being shipped to the U.S. It was also stated that after having
ascertained the target, Adams would then inform the Philippine narcotic agents to make the
actual arrest.

(a) As counsel of plaintiff Baker, argue why his complaint should not be dismissed on
the ground of defendant Adams’ diplomatic immunity from suit.

(b) As counsel of defendant Adams, argue for the dismissal of the complaint. (5%)

- IV -

(1.) Squatters and vendors have put up structures in an area intended for a People’s Park,
which are impeding the flow of traffic in the adjoining highway. Mayor Cruz gave notice for
the structures to be removed, and the area vacated within a month, or else, face demolition
and ejectment. The occupants filed a case with the Commission on Human Rights (CHR) to
stop the Mayor’s move. The CHR then issued an “order to desist” against Mayor Cruz with
warning that he would be held in contempt should he fail to comply with the desistance
order. When the allotted time lapsed,

Mayor Cruz caused the demolition and removal of the structures. Accordingly, the CHR cited
him for contempt.

(a) What is your concept of Human Rights? Does this case involve violations of human
rights within the scope of the CHR’s jurisdiction?

(b) Can the CHR issue an “order to desist” or restraining order?

(c) Is the CHR empowered to declare Mayor Cruz in contempt?

Does it have contempt powers at all? (5%)

(2.) In March 2001, while Congress was adjourned, the President appointed Santos as
Chairman of the Commission on Elections. Santos immediately took his oath and assumed
office. While his appointment was promptly submitted to the Commission on Appointments
for confirmation, it was not acted upon and Congress again adjourned. In June 2001, the
President extended a second ad interim appointment to Santos for the same position with
the same term, and this appointment was again submitted to the Commission on
Appointments for confirmation. Santos took his oath anew and performed the functions of his
office. Reyes, a political rival, filed a suit assailing certain orders issued by Santos. He also
questioned the validity of Santos’ appointment. Resolve the following issues:cralaw
 (a) Does Santos’ assumption of office on the basis of the ad interim appointments
issued by the President amount to a temporary appointment which is prohibited by
Section 1(2), Article IX-C of the Constitution?

(b) Assuming the legality of the first ad interim appointment and assumption of office
by Santos, were his second ad interim appointment and subsequent assumption of
office to the same position violations of the prohibition on reappointment under
Section 1(2), Article IX-C of the Constitution? (5%)

-V-

(1.) Bruno still had several years to serve on his sentence when he was conditionally
pardoned by the President. Among the conditions imposed was that he would “not again
violate any of the penal laws of the Philippines.” Bruno accepted all of the conditions and
was released. Shortly thereafter, Bruno was charged with 20 counts of estafa. He was then
incarcerated to serve the unexpired portion of his sentence following the revocation by the
President of the pardon. Bruno’s family filed a petition for habeas corpus, alleging that it
was error to have him recommitted as the charges were false, in fact, half of them were
already dismissed. Resolve the petition with reasons. (4%)

(2.) Ricardo was elected Dean of the College of Education in a State University for a term of
five (5) years unless sooner terminated. Many were not pleased with his performance. To
appease those critical of him, the President created a new position, that of Special Assistant
to the President with the rank of Dean, without reduction in salary, and appointed Ricardo to
said position in the interest of the service. Contemporaneously, the University President
appointed Santos as Acting Dean in place of Ricardo.

(a) Does the phrase “unless sooner terminated” mean that the position of Ricardo is
terminable at will?

(b) Was Ricardo removed from his position as Dean of the College of Education or
merely transferred to the position of Special Assistant to the President? Explain. (5%)

(3.) Pedro Masipag filed with the Ombudsman a complaint against RTC Judge Jose Palacpac
with violation of Article 204 of the Revised Penal Code for knowingly rendering an unjust
judgment in Criminal Case No. 617. Judge Palacpac filed a motion with the Ombudsman to
refer the complaint to the Supreme Court to determine whether an administrative aspect
was involved in the said case. The Ombudsman denied the motion on the ground that no
administrative case against Judge Palacpac relative to the decision in Criminal Case No. 617
was filed and pending in his office. State with reasons whether the Ombudsman’s ruling is
correct. (4%)

- VI -

(1.) The two accepted tests to determine whether or not there is a valid delegation of
legislative power are the Completeness Test and the Sufficient Standard Test. Explain each.
(4%) (2.) Section 32 of Republic Act No. 4670 (The Magna Carta for Public School Teachers)
reads: Sec. 32. Penal Provision.―A person who shall willfully interfere with, restrain or
coerce any teacher in the exercise of his rights guaranteed by this Act or who shall in any
other manner commit any act to defeat any of the provisions of this Act shall, upon
conviction, be punished by a fine of not less than one hundred pesos nor more than one
thousand pesos, or by imprisonment, in the discretion of the court.
Is the proviso granting the court the authority to impose a penalty of imprisonment in its
discretion constitutional? Explain briefly. (4%)

- VII -

(1.) State with reason(s) whether bail is a matter of right or a matter of discretion in the
following cases: (a) The imposable penalty for the crime charged is reclusion perpetua and
the accused is a minor; (b) The imposable penalty for the crime charged is life imprisonment
and the accused is a minor; (c) The accused has been convicted of homicide on a charge of
murder and sentenced to suffer an indeterminate penalty of from eight (8) years and one (1)
day of prision mayor, as minimum, to twelve (12) years and four (4) months of reclusion
temporal, as maximum. (4%)

(2.) State with reason(s) which of the following is a government agency or a government
instrumentality:cralaw

(a) Department of Public Works and Highway;

(b) Bangko Sentral ng Pilipinas;

(c) Philippine Ports Authority;

(d) Land Transportation Office;

(e) Land Bank of the Philippines. (5%)

- VIII -

(1.) Mariano was arrested by the NBI as a suspect in the shopping mall bombings. Advised of
his rights, Mariano asked for the assistance of his relative, Atty. Santos. The NBI noticed that
Atty. Santos was inexperienced, incompetent and inattentive. Deeming him unsuited to
protect the rights of Mariano, the NBI dismissed Atty. Santos. Appointed in his place was Atty.
Barroso, a bar topnotcher who was in the premises visiting a relative. Atty. Barroso ably
assisted Mariano when the latter gave a statement. However, Mariano assailed the
investigation claiming that he was deprived of counsel of his choice.

Was the NBI correct in dismissing Atty. Santos and appointing Atty. Barroso in his stead?

Is Mariano’s statement, made with the assistance of Atty. Barroso, admissible in evidence?
(5%)

(2.) Emilio had long suspected that Alvin, his employee, had been passing trade secrets to his
competitor, Randy, but he had no proof. One day, Emilio broke open the desk of Alvin and
discovered a letter wherein Randy thanked Alvin for having passed on to him vital trade
secrets of Emilio. Enclosed in the letter was a check for P50,000.00 drawn against the
account of Randy and payable to Alvin. Emilio then dismissed Alvin from his employment.
Emilio’s proof of Alvin’s perfidy are the said letter and check which are objected to as
inadmissible for having been obtained through an illegal search. Alvin filed a suit assailing his
dismissal.

Rule on the admissibility of the letter and check. (5%)

 - IX -

(1.) In the May 8, 1995 elections for local officials whose terms were to commence on June
30, 1995, Ricky filed on March 20, 1995 his certificate of candidacy for the Office of Governor
of Laguna. He won, but his qualifications as an elected official was questioned. It is admitted
that he is a repatriated Filipino citizen and a resident of the Province of Laguna. To be
qualified for the office to which a local official has been elected, when at the latest should
he be:cralaw

(a) A Filipino Citizen? Explain.

(b) A resident of the locality? Explain. (5%)

(2.) Manuel was elected Mayor of the Municipality of Tuba in the elections of 1992, 1995 and
1998. He fully served his first two terms, and during his third term, the municipality was
converted into the component City of Tuba. The said charter provided for a hold-over and so
without interregnum Manuel went on to serve as the Mayor of the City of Tuba. In the 2001
elections, Manuel filed his certificate of candidacy for City Mayor. He disclosed, though, that
he had already served for three consecutive terms as elected Mayor when Tuba was still a
municipality. He also stated in his certificate of candidacy that he is running for the position
of Mayor for the first time now that Tuba is a city. Reyes, an adversary, ran against Manuel
and petitioned that he be disqualified because he had already served for three consecutive
terms as Mayor. The petition was not timely acted upon, and Manuel was proclaimed the
winner with 20,000 votes over the 10,000 votes received by Reyes as the only other
candidate. It was only after Manuel took his oath and assumed office that the COMELEC ruled
that he was disqualified for having ran and served for three consecutive terms.

(a) As lawyer of Manuel, present the possible arguments to prevent his disqualification
and removal.

(b) How would you rule on whether or not Manuel is eligible to run as Mayor of the
newly-created City of Tuba immediately after having already served for three (3)
consecutive terms as Mayor of the Municipality of Tuba?

(c) Assuming that Manuel is not an eligible candidate, rebut Reyes’ claim that he
should be proclaimed as winner having received the next higher number of votes. (5%)

-X-

(1.) There was a boundary dispute between Dueñas, a municipality, and Passi, an
independent component city, both of the same province. State how the two local
government units should settle their boundary dispute. (5%)

(2.) The Sangguniang Bayan of the Municipality of Santa, Ilocos Sur passed Resolution No. 1
authorizing its Mayor to initiate a petition for the expropriation of a lot owned by Christina as
site for its municipal sports center. This was approved by the Mayor. However, the
Sangguniang Panlalawigan of Ilocos Sur disapproved the Resolution as there might still be
other available lots in Santa for a sports center. Nonetheless, the Municipality of Santa,
through its Mayor, filed a complaint for eminent domain. Christina opposed this on the
following grounds:cralaw
(a) the Municipality of Santa has no power to expropriate;

(b) Resolution No. 1 has been voided since the Sangguniang Panlalawigan disapproved
it for being arbitrary; and

(c) the Municipality of Santa has other and better lots for that purpose. Resolve the
case with reasons. (5%)