SUGGESTED ANSWERS FOR POLITICAL LAW MOCK BAR EXAM

1. a.}True. Congress may pass a law changing the national anthem, but shall take effect only upon ratification by the people through referendum. 1. b.}False. The waters around, between and connecting the islands of the Philippines form parti of its internal waters, this is described as archipelagic waters under UNCLOS Art.49 (1).

1. c}False. All citizens may be required by law to render military or civil service, especially in the defense of the state. d.} False. The Constitution clearly so provides that the Supreme Court had the power to prescribe the standards in admitting to the bar. This if permitted will violate the doctrine on the separation of powers. e.}True. An educational institution which is 100 percent foreign owned may be established in the Philippines by religious orders, group or missionaries. (Pls.read Sec.4{2},Art.XIV of the Constitution)

II A.} I will file a petition to cancel the certificate of candidacy of Gabriel in the COMELEC because he is not qualified to run due to his false material representation.(Pls.see Sec.78 of the OEC;Fermin v.COMELEC, 574 SCRA 787 {2008}). B.} If Gabriel withdraws, he may be substituted by a person nominated by his party.(pls.read Sec.77 of OEC) C.} The question on his citizenship and residency can be validly filed before the HRET (House of the Rep.Electoral Tribunal). This will be a quo warranto case.(Jalandoni v Crespo, March 6,2003). III The action of the Sanggunian Panlalawigan to disapprove the ordinance is not correct. The LGC (Local Govt Code), gives an authority to the municipality the right to expropriate,thus, in the instant case, the ordinance is well within the power of the Sanggunian Bayan. It is the municipality that has the wisdom to know what is best for their community.(Moday v. CA,268 SCRA 586[1997]). IV The motion to dismiss should be denied. Under the LGC, the Municipality is liable for damages arising from injuries to person because of the Municipals Govt. negligence and failure to maintain the safety of their facilities. (pls.read Sec.24,LGC and Art.2189,NCC). V

A.} The law absolutely prohibiting all forms of gambling is a valid exercise of the police power of the state. It is aimed to protect the citizens from the evils of gambling, thus protecting the moral fiber of the society.(People v. Punto (1939)} B.} Taxes of such percent is valid, as a form of regulating gambling and does not violate due process to the reasonableness of the rate of the tax imposed. This is an example in the attainment of the objective of police power through taxation. (Ermita-Malate Hotel v. City Mayor of Manila) VI The videotape is admissible as evidence; hence, the objection should be overruled. What the anti-wire tapping prohibits is overhearing,tapping and recording of private communication. In the instant case the videotape is a product of the device installed by the hotel at the lobby for security purposes. Since, the exchange of heated words was not private, its videotape recording is not prohibited.(Navarro v.CA,313 SCRA 153,1999) VII A.} This is one of the instances that a warrantless arrest is valid. That place was under watch where use and sale of prohibited drugs was rampant. The policemen had sufficient reason to stop, investigate and apprehend him as he refused to say what was in his clenched fist. Since the investigation showed that the accused was in possession of shabu, he could be arrested without the need for a warrant.(Manalili v. CA,280 SCRA 400). B} Since the search and seizure of the shabu were incidental to a valid warrantless arrest, the shabu is admissible in evidence.(Manalili v. CA) VIII A.} The argument is not tenable; it is within the power of the legislature to conduct inquiry on the repeated violation of the banking law. In a similar case decided by the Supreme Court ,it ruled that: The power of Congress to conduct inquiry in aid of legislation is an essential component of legislative power. Here, the bank officials are invited to shed light on their repeated violation of the banking law inimical to the nations trade and commerce,thus, cannot be made subordinate to criminal and civil actions.(Standard Chartered Bank v. Senate Financial Institution Cmte.) B.} The argument is untenable. Since the bank officials will only be asked on their duties and functions provided for by the banking law and will not be subjected to criminal penalty. Furthermore, they will not be asked incriminating questions. C.} No, because the power to invoke executive privilege is limited to the President and his alter egos if he gives permission.(Senate v.Ermita,488 SCRA 1) IX

A. Warlito is a natural born Filipino citizen. Under the provision of RA 9225, Warlitos repatriation results in the recovery of original nationality. He now possessed dual citizenship.(Bengson v. HRET) B. Shirley will not become a Filipino citizen. She should instead file a certification that he is married to a Filipino citizen and let her alien certificate be cancelled. C. Under RA 9225, only the children who are below 18 years old shall be deemed Filipino citizens. Thus, only Luisa, who is 17 years old, became a Filipino Citizen.

X A.} The Secretary of Education is not the proper party to seek a review of the decision of the Court of Appeals, because he is the one who heard, prosecuted and imposed the penalty. The Secretary cannot be both a prosecutor and a judge at the same time. He should be impartial and should not actively participate in prosecuting Maximino.(NAPOLCOM v Mamuag,466 SCRA 624) B.} Maximino cannot recover back salaries during his preventive suspension. The law does not provide for it. He is under preventive suspension, not a penalty. However, he is entitled to backwages from the time of his dismissal until his reinstatement.(Gloria v. CA, 306 SCRA 287) PART II XI A.} False. Under the Constitution, aliens may acquire private land by hereditary succession or naturalborn Filipino citizens who had reacquired their citizenship. B.} True. De facto officers are entitled because they are performing valid act and it is attached to the office for actual services rendered ( Civil Liberties Union v. Executive Secretary} C.} True. Under the Constitution the President has control of all executive departments, bureaus and offices as the head of the executive department.(Cruz v. DENR Sec. 347 SCRA 128) D.} False. Under the Constitution and Ombudsman Act, the Ombudsman has the power to mete out penalty by virtue of its disciplinary authority. Alternative Ans. He can impose penalty because of his power to ensure compliance of his order. (Office of the Ombudsman v. Madriaga,503 SCRA 631). E.} True. Dual citizenship arises when; a person is simultaneously national of two states and involuntary. Dual allegiance refers to the situation where a person owes loyalty to both countries. XII A.} William is not correct. It is clear that all persons who sojourn in the Philippines is under the Philippine jurisdiction on the concept of Generality of our laws, except if the person possesses diplomatic immunity, where in the instant case William does not have. Furthermore, the premises occupied by the US embassy is not a US territory but under the territorial jurisdiction of the Philippines. The country has not abdicated its territorial jurisdiction in the premises of foreign embassies.(Reagan v CIR)

B.} William had been accorded his Miranda rights properly; it is of no moment where the police officer delivered that i8n halting English. It is important that the language used was known to and understood by him. It is also impractical for the police officer to get an American lawyer from the U.S. due to exigency of time. (Gamboa v Cruz,162 SCRA 642). C.} William should not be granted bail as a matter of right. The Philippine jurisprudence applies, where in the instant case the bail will be a matter of discretion of the court as the punishment is reclusion perpetua. XIII A.} The Philippine action cannot be justified as self-defense. Self-Defense is an act of State by reason of an armed attack by another state. Asyaland did not attack the Philippine territory but committed by the terrorist Emerald Brigade not supported by Asyaland. B.} The contention of Asyaland is correct. The Philippines violated UN charter which prohibits States from the threat or use of force against the territorial integrity of any State. C.} The terrorist should be tried in the Philippines.As provided for in the human Security act, individual person that had committed an act of terrorism, although outside the territorial limits of the Philippines but commits an act directly against the country or Filipino citizens can be tried here and accorded constitutional rights of an accused. XIV A.} The petition of KMM must be denied. Diplomatic negotiations especially topics on national security are privileged in order to encourage a frank exchange of exploratory ideas and also protected under the mantle of state secret doctrine.(Akbayan v. Aquino,558 SCRA 468) B.} KMM is entitled to have access to information on commercial contracts,especially it affects nations economy and patrimony. Furthermore, contracts entered into by the Govt. in the exercise of its proprietary or commercial capacity, the right to information and full public disclosure under the constitution does not exclude contracts of public interest and are not privileged. XV A.} The contention of KKtv is not tenable. The prior restraint is a valid exercise of police power of the state. Television is a powerful medium which reaches even the eyes and ears of children and must be checked as it might undermine their young minds and morality.(Iglesia Ni Kristo v. CA,259 SCAR 529) B.} In accordance with the law (Chapter 2, Book VII of the Admin Code of 1987) Memo Circular such as this must be filed with the University of the Philippines Law Center. It cannot be enforced until it has been filed with the UP law Center.(Pililipinas Shell v.CIR,541 SCRA 316) XVI A.} Angelina should be exonerated. The right of choosing religion or the practice thereof must be accorded highest respect. The exercise thereof should not be inquired into so as to infringe that right, provided it is not contrary to law, public policy, morals and good customs. Furthermore, it has not

been shown that there is compelling state interest which will be undermined by granting her an exemption. B.} The Constitution clearly so provides that free exercise in the manner of actualizing ones faith or religion is aright that must be respected. It is also protects the separation of the Church and State as it should be inviolable, thus courts and the state must respect the autonomy of religious sect in such matters. Therefore, the case will not prosper. XVII A.} I will raise the defense that the selection of the lot is arbitrary, as the LGU did not fully exhausted its means in looking for a better lot. The place is industrial not residential, and devoted to commercial use. B.} The mere delay in the payment of the just compensation will not entitle the FCC Corp. to recover the property. However, if the payment was not made within 5 years from the finality of judgment in the expropriation case, FCC COrp. can recover the property. C.} Yes, FCC can repurchased the lot, in fact if the condition of the expropriation is for low-cost housing and it was abandoned the LGU should return by way of repurchase on the principle of first priority rule. XVIII At least 12 percent of the registered voters, of which every legislative district must be represented by at least 3 percent, should sign the proposal and the draft of the amendment embodied in the petition.