MOCK BAR IN POLITICAL LAW

Note: Answers should be concise and direct to the point.

1. During the hearing on a petition questioning the constitutionality of the act of Pres.
Duterte withdrawing the country’s membership in the ICC, justices of the SC asked one
of the petitioners whether there was a resolution of the Senate seeking that it should
concur in to the withdrawal by the President. The Senator said that there was none. The
petition was filed on behalf of the Senate questioning the unilateral withdrawal of the
President from the treaty. If you were the ponente, resolve whether the Senators have
locus standi and whether there is a need for the Senate to concur to the withdrawal.
Explain.

2. After the resignation of Ombudsman Gutierrez, Pres. Arroyo appointed Justice Morales
to the vacant position for a 7-year full term. Atty. Ifurung questioned the appointment
contending that Morales should only serve for the unexpired portion of the term of
Gutierrez, hence, she should serve for only one year as Guteirrez resigned with one year
remaining of her term. Rule on the contention. Explain.

3. Would your answer be the same in No. 2 if it is the Chairman of the Comelec who
resigned with a one (1) year period remaining of his term? Explain.

4. X, a member of the House of Representatives voted for GMA as Speaker during the
reorganization of the House. He was however selected as the Minority Floor Leader,
hence, Y filed a petition questioning the selection of X contending that Y belongs to the
majority, hence, he cannot be the minority floor leader. If you were the ponente, how
would you decide? Explain.

5. Pres. Duterte issued a proclamation declaring as void ab initio the amnesty granted to
Sen. Trillanes for having failed to comply with certain conditions. Thereafter the
prosecution moved for the revival of the cases which were previously dismissed by the
RTC on account of the amnesty. An opposition was filed by Trillanes invoking the
principle of double jeopardy. If you were the judge, rule on the contention of the accused.
Explain.

6. Judge X, of the RTC of Manila travelled abroad without securing a clearances from the
SC. While abroad, pictures appeared in his facebook showing his presence abroad with
friends and his family.
a. May the SC conduct investigation motu proprio and impose disciplinary action
against the judge? Explain.
b. In the investigation, may the judge invoke his liberty to travel even without
clearance? Explain.