1.

An order by the Commission on Elections En Ban determining who, among the legitimate officers
of the party-list group, are entitled to exercise the rights and privileges granted to a party-list
group under the law, can be questioned:

(a) Directly before the Supreme Court through a Petition for Certiorari under Rule 64, in
relation to Rule 65 of the Rules of Court but only if there is grave abuse of discretion.
(b) As premature since the same should first be rendered by a Division of the
(c) First before the Regional Trial court through a Petition for Certiorari under Rule 65 of
the Rules of Court if there is grave abuse of discretion
(d) Directly before the Supreme Court through a Petition for Certiorari under Rule 65 of
the Rules of Court if the requisites for judicial review are present
(e) Directly before the Supreme Court through a Petition for Certiorari under Rule 65 of
the Rules of Court since what is sought to be reviewed is the act of a constitutional organ

2.

M was elected member of the House of Representative (HoR) in the 9 May 2022 Elections. The
election protest filed by his opponent N was eventually decided by the Supreme Court in 15
January 2023 against him. Since M was ousted as member of the HoR, within a year from that
decision, the President can appoint M:

A.) As Undersecretary of the Department of Transportation

B.) As the representative of the Integrated Bar of the Philippines in the Judicial and Bar
Council
C.) As over-all deputy Ombudsman
D.) As Commissioner of the Commission on Audit
E.) As Chairperson of the Commission on Elections

3.

Royal Blood Bank (RBB) is a thrift bank organized under the Corporation Code of the Philippines.
In order to settle its dispute with the Bangko Sentral ng Pilipinas (BSP), RBB transferred all of its
shares of stocks to the Government Service Insurance System (GSIS) in 1993. All of the fellowing
statements are CORRECT, EXCEPT:

(a) The management of BB can enter into a collective bargaining agreement with BB's
employees.
(b) The Commission on Audit can disallow, on post-audit, unnecessary, irregular,
extravagant or unconscionable expenses of RBB.
(c) A, who ran as member of the Sanggunian Panlungsod in the 9 May 2022 elections but
lost, cannot be appointed as President of BB in 8 May 2023.
 (d) The GSIS Vice-President for Operations can be designated as President of BB provided
that he does not receive any additional compensation.
(e) The position of President of BB is classified as non-career.

4.

The following are TRUE when applying the principles of constitutional construction, EXCEPT:
(a) The constitutional construction principle of ratio leis est anima, that is, that the words of the
Constitution should be interpreted in accordance with the intent of the framers, is applied only
where there is ambiguity. If the provision is clear, the principle is not applied.
(b) The constitutional construction principle of ut magis valeat quam pereat means that no one
provision of the Constitution is to be separated from all the others and to be considered alone,
but that all the provisions bearing upon a particular subject are to be brought into view and to
be so interpreted as to effectuate the great purposes of the instrument.
(c) Through the constitutional construction principle of ratio legis est anima, resort is made to
the deliberations of the members of the Constitutional Commission to determine their intent.
(d) Since the Constitution is not primarily a lawyer's document, its language, as much as possible,
should be understood in the sense they have in common use. This is the rationale for the
constitutional construction principle of verba legis.
(e) Under the constitutional construction principle of ut magis valeat quam pereat, the provisions
of the constitution must be harmonized, if practicable, to render every word operative, rather
than one which may make the words idle and nugatory.

6.

Consistent with its refusal to abide by the Award of the Permanent Court of Arbitration, China
continued with the reclamation of the disputed maritime features located within the Exclusive
Economic Zone ("EEZ") of the Philippines (i.e., Bajo de Masinloc, Scarborough Shoal, Kalayaan
Group of Islands). Eventually, the Chinese inhabited these maritime features by establishing: (1)
a farm to produce food for the inhabitants therein; (2) a desalination plant to convert sea water
to potable water; (3) a school for the children of the inhabitants; (d) a business process
outsourcing office for employment of the inhabitants; (4) a satellite office for its seat of
government; and (5) a military base. Filipino fishermen were eventually barred by China from
fishing in the seas adjacent to these maritime features.

TRUE OR FALSE:
I. Since the disputed maritime features are outside the Territorial Sea of the Philippines,
they are not part of the National Territory as defined under Article 1of the 1987
Constitution. The Philippines merely has sovereign rights thereon for the purpose of
exploring, exploiting, conserving and managing its natural resources, whether living
or non-living, of the waters.
II. The disputed maritime features, after reclamation, will already generate the maritime
domains of Territorial Sea, Contiguous Zone, and Exclusive Economic Zone for China
 since they can already sustain human habitation. As such, China already had the right
to bar Filipino fishermen from exploiting the resources therein.
III. If the disputed maritime features were within the Contiguous Zone, thePhilippines
can forcefully prevent China from occupying them

Choose the BEST answer:

(a) Only I is FALSE.
(b) Only Il is FALSE.
(c) Only IIl is TRUE.
(d) All of I. Il. and Ill are FALSE.
(e) All of I, Il and Ill are TRUE.

9.

According to the case of BANAT vs. Commission on Elections (G.R. No. 179271, 21 April
2009], in determining the allocation of seats for party-list representatives under Section
11 of Republic Act No. 7941, otherwise known as the Party-List System Act, the following
shall be observed EXCEPT:
(a) The parties, organizations, and coalitions receiving at least two percent (2%) of the
total votes cast for the party-list system shall be entitled to one guaranteed seat
(b) The parties, organizations, Ind coalitions shall be ranked from the highest to the lowest
based on the number of votes they garnered during the elections
(c) In computing the additional seats, the guaranteed seats shall still be included even if
they have already been allocated.
(d) Those garnering sufficient number of votes, according to their ranking, shall be
entitled to additional seats in proportion to their total number of votes until all the
additional seats are allocated.
(e) Each party, organization, or coalition shall be entitled to not more than three (3) seats.

10.

Beastie Boy filed a civil complaint for injunction, declaration of nullity of award, and damages
against Ms. Billie Holiday, as Acting Secretary of the Department of Telecommunication and
Communication (DOC) and the "Unknown Awardee" who was to be the recipient of the satellite
orbital slot. The first cause of action, for injunction, sought to establish that the award of the
satellite orbital slot should be enjoined since the DOTC had previously assigned the same orbital
slot to Beastie Boy. The second cause of action. for declaration of nullity of award. averred that
the award to "Unknown Awardee" is null and void, as it was rendered by Ms. Holiday beyond her
authority. The third cause of action, for damages, imputed several acts to Ms. Holiday as part of
her alleged "crusade" to malign the name of Beastie Boy. Ms. Holiday moved to dismiss the
complaint on the ground of state immunity since the award supposedly being questioned by
Beastie Boy, as well as the supposed acts to malign its name, were done in the exercise of and
pursuance to an official duty. Choose the BEST answer:
 (a) Ms. Holiday can invoke state immunity for the first cause of action.
(b) Ms. Holiday can invoke state immunity for the first and second causes of action.
(c) Ms. Holiday can invoke state immunity for the first, second and third causes of
action.
(d) Ms. Holiday cannot invoke state immunity for any of the causes of action.
(e) Ms. Holiday cannot invoke state immunity for the first and second causes of
action

11.

TRUE OR FALSE:

I. If based on the caption of the complaint, the suit is directly initiated against Republic
of the Philippines, any foreign government, or an unincorporated government agency
as the naned respondents, the suit is one against the State and should be dismissed.
II. A suit for acts done in the performance of official functions against an officer of the
government by a private citizen which would result in a charge against or financial
liability to the government must be regarded as a suit against the State itself, although
it has not been formally impleaded.
III. Since the Local Government Code (LGC) vests Local Government Units (LGUs) with the
power to sue and be sued, an GU is always suable whether it performs governmental
or proprietary function. However, an GU will be liable only if it performs a proprietary
function.

Choose the BEST answer:

(a) All of I, Il and III are TRUE.
(b) Only I and Il are ALWAYS TRUE
(c) Only Il is ALWAYS TRUE.
(d) Only IIl is ALWAYS TRUE.
(e) All of I. Il and Ill are FALSE.

12.

Which of the following statements is NOT an accurate description of the doctrine of parens
patriae?
(a) The legislature, as parens patria, has the right to enforce all charities of a public
nature.
(b) The judicial department, as agent of the State, can act as parens patriae when
called upon in a pending suit.
(c) As pares patriae, the State, through the executive department, can regulate public
utterances.
(d) A local government unit can act as parens patriae.
(e) All the choices are an accurate description of the doctrine.
14.

The Republic of Metallican sent military forces in the Philippines (to perform activities such as
patrol and surveillance techniques to protect marine resources, sea search-and-rescue
operations to assist vessels in distress, disaster relief operations, and civic action projects)
pursuant to an agreement which was ratified by 2/3 of the Senate but was not required by
Congress to be ratified in a referendum. Mr. James Ibanez filed a Petition directly before the
Supreme Court claiming that the presence of the military forces of Metallica in the Philippines
violates Sections 2, 7, and 8, of Article I1, and Section 25 of Article XVIII, of the 1987 Constitution.
Choose the BEST answer:

(a) There will only be an actual case or controversy once the government defends its
position in the case. Prior thereto, the case is not ripe for adjudication.
(b) If the Philippines withdraws from the agreement after the government files its
response to the Petition, the case should be dismissed immediately for being moot
and academic
(c) Mr. Ibanez will be vested with locus standi only if he suffers a direct injury because
of implementation of the agreement.
(d) If a statute subsequently enacted by Congress is inconsistent with the agreement
entered into with Republic of Metallica, the statute will always prevail.
(e) If the agreement entered into with Republic of Metallica is inconsistent with a
statute previously enacted by Congress, the agreement will always prevail.

15.

TRUE OR FALSE:
I. The following do not infringe social justice: (1) prohibiting the passage of vehicles on
certain thoroughfares at certain times; (2) the policy of favoring labor versus capital;
and (3) compelling the sale of property to a person who has been in possession for
fifty (50) years thereof.
II. The constitutional policy of a "self-reliant and independent national economy" does
not necessarily rule out the entry of foreign investments, goods and services. It
contemplates neither "economic seclusion" nor "mendicancy in the international
community." Still, the fundamental law demonstrates a clear policy in favor of a
sheltered domestic trade environment.
III. Article I1, Section 11 of the 1987 Constitution which states that "the State values the
dignity of every human person and guarantees full respect for human rights" is self-
executory and enforceable. It mandates the government to, among others, conduct
effective investigations and bring offenders to justice.
Choose the BEST answer:
(a) Only I is FALSE
(b) Only Il is FALSE
(c) Only IIl is TRUE.
(d) All of I, Il, and Ill are FALSE
(e) All of I, II and III are TRUE

17.

The Supreme Court, in Samahan ng mga Progresibong Kabataan (SPARK) v. Quezon City [G.R. No.
225442, 8 August 2017] used the following justifications in ruling that the Curfew Ordinances do
not violate the State policy vesting the parents with the natural and primary right and duty in the
rearing of the youth, EXCEPT:

(a) When actions concerning the child have a relation to the public welfare or the
well-being of the child, the State may act to promote these legitimate interests.
(b) As parens patriae, the State has the inherent right and duty to aid parents in the
moral development of their children.
(c) The Curfew Ordinances apply only when the minors are not accompanied by
their parents and positively influence children to spend more time at home
(d) Minors can exercise their constitutional rights subject to the authority or custody
of another, such as their parent/s and/or guardian/s, and the State.
(e) The correct answer is not among the choices.

18.

In Hacienda Luisita vs. Presidential Agrarian Reform Council [G.R. No. 171101, 5 July 2011], the
Supreme Court dismissed the constitutional challenge to Section 31 of Republic Act No. 6657,
insofar as it allows stock distribution, in lieu of outright agricultural and transfer because:

(a) Although there was an actual case or controversy, subsequent developments

rendered the case was already moot and academic.
(b) The petitioners did not possess locus standi although the petition was filed at the
earliest opportunity.
(c) The case was not filed at the earliest opportunity and the constitutionality was not
the is lis mota of the case.
(d) The case was not filed at the earliest opportunity and subsequent developments
rendered the case already moot and academic.

19.

The principle of separation of powers is not violated in the following instances, EXCEPT
by:
(a) A post-enactment measure which allows legislators to scrutinize how an
appropriation is implemented.
(b) A provision which grants legislators authority to identify the projects they desire
to be funded.
(c) A decision of the court which nullifies the manner how the Congress chose the
members of the Electoral Tribunal.
(d) The President forming a Constitutional Commission to craft
amendments/revisions to the 1987 Constitution.
(e) All the choices violate the principle of separation of powers.

20.

Section 23 (2), Article VI of the 1987 Constitution provides that: "In times of war or other national
emergency, the Congress may, by law, authorize the President, for a limited period and subject
to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a
declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers
shall cease upon the next adjournment thereof." Congress can enact a law allowing the President
to exercise the delegated power under this provision:

(a) After the President declares that there exists a state of rebellion in the entire
Philippines.
(b) Even if the President already suspended the privilege of the writ of habeas corpus
because of actual rebellion and public safety required it.
(c) Even if Congress already revoked the President's proclamation of martial law because
there was no actual rebellion.
(d) Even if the State already exercised its power under Section 17, Article XIl of the 1987
Constitution to temporarily take over or direct the operation of any privately owned
public utility or business affected with public interest.
(e) All the choices are correct.

21.

A party-list group and certain members of Congress assailed the constitutionality of Sections 4, 5
and 6 of R.A. No. 9337, amending Sections 106, 107 and 108, respectively, of the National Internal
Revenue Code which gave the President the stand-by authority to raise the rate of the Value-
Added Tax (VAT) from 10% to 12% when any of the following conditions has been satisfied: (1)
VAT collection as a percentage of Gross Domestic Product (GDP) of the previous year exceeds
two and four-fifth percent (2 4/5%); or (2) national government deficit as a percentage of GDP of
the previous year exceeds one and one-half percent (1 1/2%). They argued that this constitutes
undue delegation of the legislative power. The Supreme Court dismissed the constitutional
challenge because:

(a) All the choices were used as basis by the Supreme Court to dismiss the
challenge.
(b) There was a valid delegation of legislative power to tax since the completeness
test and sufficient standard test were complied with.
(c) There was no delegation of legislative power.
(d) The petitioners did not have locus standi.
(e) The delegation is constitutionally permissible under Section 28 (2). Article VI of
1987 the Constitution

22.

Senator Q was charged with violation of Republic Act No. 3019, otherwise known as the
Anti-Graft and Corrupt Practices Act. He can be suspended from office if:

(a) There was a prior proceeding before the Senate involving the same acts and 2/3
of all members thereof concur.
(b) There was a prior proceeding before the Senate involving the same acts and 2/3
of all members in the Philippines concur.
(c) There was a prior investigation conducted by the Ombudsman, the evidence of
guilt is strong, and (1) the charge against Senator Q involves dishonesty,
oppression or grave misconduct or neglect in the performance of duty; (2) the
charges would warrant removal from the service; or (3) Senator Q's continued stay
in office may prejudice the case filed against him
(d) There was already an Information filed before the Sandiganbayan and Senator Q
has been found guilty beyond reasonable doubt but Senator Q filed an appeal.
(e) There was already an Information filed before the Sandiganbayan and even before
trial has commenced.

23.

TRUE OR FALSE:
I. A law converting the City of Y to a highly-urbanized city and providing that it shall have
three (3) legislative districts even if only has a population of 450,000 is
CONSTITUTIONAL.
II. An appointee to a non-station-specific position is not a permanent appointee since
he/she can be reassigned for an indefinite period.
III. A special law reapportioning the legislative districts in a province is CONSTITUTIONAL.
IV. Section 15 (1), Article VIll of the 1987 Constitution which provides the period within
which cases or matters are to be decided or resolved from date of submission is not
mandatory but merely directory. Choose the best answer:
A.) Only I and Il are TRUE
B.) Only Ill and IV are FALSE.
C.) ALL are FALSE.
D.) Only I and Ill are TRUE.
E.) ALL are TRUE.

24.

When the COMELEC sits En Banc, cases are decided by the concurrence of a majority of the
members who:
 (a) Sent in memos on matters for deliberation and called in their votes thereon.
(b) Actually participated in the oral arguments and voted thereon.
(c) Actually took part in the deliberations on the issues in the case and voted thereon.
(d) Are still incumbents when the decision is promulgated.
(e) Actually took part in the voting thereon and took notes on the actual deliberations.

25.

Z, who was born on 1 June 1980 to Filipino parents in San Juan City, was naturalized as a citizen
of the United States on 5 May 2000 after graduating with a degree in Public Administration from
the University of the Philippines. However, he merely stays in the US intermittently, at least for
two (2) months every year. He always returns to live in San Juan where he remained a registered
voter and exercised his right to vote since 2001.
Z
eventually filed his Certificate of Candidacy (CoC.) for district representative of San Juan
for the 2022 elections. lg Z eligible?
(a) YES, Z retained his status as a natural-born citizen; at most, he is a dual-citizen.
(b) NO, Z lost his status as a natural-born citizen when he was naturalized in the US.
(c) YES, Z reacquired his status as a natural-born citizen when he filed his CoC.
(d) NO, Z does not meet the residency requirement since he goes to the US and stays
there for two (2) months every year.
(e) The correct answer is not among the choices.

26.

The following are QUALIFIED under the Party-List System as implemented by Republic
Act No. 7941. EXCEPT:
(a) A party advocating an ideology or platform, principles and policies for the general
conduct of government.
(b) A party which fails to obtain at least two per centum (2%) of the votes cast under
the party-list system in the two (2) preceding elections for the constituency in which
it has registered.
(c) Nominees of a party who do not belong to a marginalized and underrepresented
sector or have a track record of advocacy for such sector.
(d) A sectoral wing of a major political party.
(e) A party which does not represent any of the following sectors: labor, peasant,
fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped,
women, youth, veterans, overseas workers, and professionals.

27.

The following actions of the House of Representatives Electoral Tribunal (HRET) are
within its jurisdiction, EXCEPT:
 (a) Determine whether P, a nominee of the Party-List representing fisherfolks which
garnered a seat in the 9 May 2022 elections, is a bona fide member thereof and/or is
a fisherman.
(b) Correct manifest errors in the certificate of canvass or election returns.
(c) Set 26 July 2022, or one day after the first day of the opening of the regular session,
as the last day for the filing of protests against the election, returns and qualifications
of members of the House of Representatives.
(d) Re-open the ballot boxes, examine the ballots contained therein, and conduct a re-
count of the votes.
(e) Decide on the validity of the election of O, only after he has been proclaimed, took an
oath and assumed office.

28.

TRUE OR FALSE:
I. Following the elections on 9 May 2022, the House of Representatives (HoR) initiated
an inquiry in aid of legislation to look into the increasing cases of CoVID-19 infections
because of failure to observe safety standards. During the hearings, a resource
person, Who refuses to answer the questions of the members of the HoR, can be cited
for contempt and his imprisoned in the premises of the Ho for more than three (3)
years or beyond 9 May 2025.
II. The Housing and Land Use Regulatory Board (HLURB) found DM Homes, Inc. liable in
damages arising from its delayed release of the title to the house and lot that it sold
to B. DM appealed to the Office of the President (OP) which rendered a one page
decision, affirming the attached HLURB judgment. The one-page decision of the OP
violates the constitution for not stating the facts and the law on which it is based.
III. Because certain lawless elements took over the privately-owned GMA broadcasting
center/communication utilities and were using it to propagate their call to rise arms
against the government, the President issued Proclamation 1111 declaring a state of
emergency and calling the armed forces to immediately carry out necessary measures
to suppress terrorism and lawless violence. In the same proclamation, however, the
President cannot order that the armed forces take over the operations of GMA
broadcasting center/communication utilities.
IV. Following his impeachment of and conviction for culpable violation of the
Constitution, Chairman C of the Commission on Elections was indicted for plunder and
violation of election laws before the Sandiganbayan and found guilty, as charged.
Chairman C can be extended a Presidential pardon.

Choose the correct answer:

A.) Only I. Il and Ill are FALSE.
B.) Only II. Ill and IV are FALSE
C.) Only II, Ill, and IV are TRUE

29.
The Chairperson of the Civil Service Commission appointed E, the President's sister, as his Chief
of Staff during the President's tenure. Claiming that the Constitution prohibits the appointment
in government of a President's relative, G, a Filipino citizen, asks for its nullification. Will the
challenge prosper?
A.) YES, since the appointment essentially violates the law against nepotism.
B.) NO, Chief of Staff is a primarily confidential position and as such, the occupant must
possess the requisite degree of confidence of the appointing authority regardless of
relationship.
C.) YES, because relatives of the President within the fourth civil degree cannot be
appointed in any department of government.
D.) NO, E's appointment, although in the government, is not in the Executive
Department that the President heads
E.) NO, since G is not claiming to be entitled to the position and thus, does not have
locus standi.

30

Under the direct injury test, a person who impugns the validity of a statute must have a personal
and substantial interest in the case such that he has sustained, or will sustain direct injury as a
result. However, being a mere procedural technicality, the requirement can be waived and the
court can act liberally under the principle of "transcendental importance".

The following are examples when the court can extend/have extended this
liberality, EXCEPT:
A.) The enforcement of the constitutional right to information and the equitable diffusion
of natural resources.
B.) Review of the bidding for the sale of the 3,179 square meters of land at Roppongi,
Minato-ku, Tokyo, Japan.
C.) Review of "Balikatan 02-01" even if it was not shown that it involves the exercise of
Congress' taxing or spending powers.
D.) Review of the on-line lottery contract
E.) Assailing the President's declaration of a state of rebellion.
2.

While Congress was in session, the President appointed eight (8) acting Secretaries which were
not submitted to the CoA. A group of Senators from the minority bloc questioned the validity of
the appointments on the ground that while Congress is in session, no appointment that requires
confirmation bv the Coa, can be made without the latter s consent, and mat an undersecretary
should instead be designated as acting Secretary, Are the appointments constitutional? Explain
(5 points).

3.
What are the various permutations of the night to security of person under the context of writ of
amparo? (3 points)

4.

Jim Morrison, the son of a naturalized Japanese citizen, was born in the Philippines on 10 May
1982. 20 9 t0 read and write. a registered voter in and a resident of the Province or Cebu since
2002. He was employed as one of the cashiers at the Department of Public Works and Highways
(DPWH) for twenty (20) years but he did not file any Statement of Assets and Liabilities (SALN).
Mr. Pete Townshend filed his CoC for President while Mr. Morrison filed his CoC for Vice
President for the 9 May 2022 elections. Starting 8 June 2022, Congress started canvassing the
votes but by 30 June 2022, it was able to compete the canvass for, and proclaimed the, Vice-
President only (with Mr. Morrison garnering plurality of the votes). Since the President has not
yet been chosen and qualified, Mr. Morrison acted as President.

A. Petitions were subsequently filed before the Presidential Electoral Tribunal (PET) to
contest the election and qualification of Mr. Morrison since the naturalization of his
father was being claimed as void. Was Mr. Morrison eligble to be a candidate for Vice-
President? Explain. (3 Points).

5.

Certain citizens and taxpavers filed a Petition for Certiorari and Prohibition to assail the
constitutionality of Republic Act No. 7662 (R.A. No. 7662) or the Legal Education Reform Act of
1995, praying that the creation of the Legal Education board (LEb) and all its issuances, especially
the Philippine Law School Admission Test (PhiLSAT), for encroaching upon the rule making power
of the supreme Court concerning admissions to the practice of law. Resolve the tollowing issues
with reasons:
A. Are the remedies of Certiorari and Prohibition proper considering that RA No. 7662 is a
legislative act and not a judicial, quasi-judicial, or ministerial function? (3 points)
B. Does the Supreme Court’s constitutional power under Section 5(5), Article VIII of the 1987
Constitution to promulgate rules concerning the admission to the practice of law cover
the study of law that is sought to be regulated by RA No. 7662? (5 points)
In the meantime, Congress enacted the following resolutions on the same day of 10 May
2021: (1) Resolution No. 1 proposing to reduce the voting age under Section 1, Article V
of the 1987 Constitution from eighteen (18) to fifteen (15) to be submitted to the people
for ratification on 9 May 2022; and (2) Resolution No. 2 calling for a constitutional
convention to propose revisions to the 1987 Constitution, with delegates to be elected on
the same day of the general national elections scheduled on 9 May 2022. Some members
of Congress intend to run as delegates of the constitutional convention. Resolution No.
1 was approved by ¾ of the all members of Congress while Resolution No. 2 was
approved by 2/3 of all members of Congress.
The COMELC then scheduled the following on 9 May 2022: (1) a plebiscite to ratify the
proposals of Radiohead Party-List; (2) a plebiscite to ratify the proposal under Resolution
No. 1 on the same day of the 9 May 2022 general elections; (3) election of the delegates
to the constitutional convention.
All of the following statements are absolutely INCORRECT, EXCEPT:
(a) As a concerned citizen, you can file an action to stop the plebiscite for the
ratification of the proposals of Radiohead on the ground that RA 6735 does not
cover initiative petitions to amend the 1987 Constitution.
(b) If members of Congress run as delegates of the constitutional convention during
the election on 9 May 2022, they will forfeit their seats
(c) It is unconstitutional for Congress to have enacted both Resolution No. 1 and
Resolution No. 2 at the same time.
(d) If the constitutional convention proposes the shift from Bicameral-Presidential to
the Unicameral-Parliamentary system, it cannot include a provision that "mandates
the interim Parliament, [within forty-five days from ratification of the changes], to
convene to propose amendments to, or revisions of, [the Constitution consistent
with the principles of local autonomy, decentralization and a strong bureaucracy.'
 I. A constitutional provision is self-executing if the nature and extent of the right
conferred and the liability imposed are fixed by the constitution itself, so that they
can be determined by an examination and construction of its terms, and there is no
language indicating that the subject is referred to the legislature for action. Thus, the
omission from a constitution of any express provision for a remedy for enforcing a
right or liability necessarily indicates that it was not intended to be self-executing.
II. A change of a self-executing provision of the Constitution constitutes a revision; while
a change of a non-self-executing provision of the Constitution constitutes an
amendment.
III. The absence from legal residence or domicile to pursue a profession, to study or to
do other things of a temporary or semi-permanent nature does not constitute loss of
residence or change of domicile. A person who does not own, but merely leases, a
house in 2nd District of Makati City cannot be considered a resident thereof to meet
the residency required by law and be qualified to run as a member of the House of
Representatives thereat.
IV. The reapportionment and transfer of cities from one legislative district to another by
the Commission on Elections even if only to correct the imbalance in the distribution
of voters and inhabitants is UNCONSTITUTIONAL

Choose the BEST answer:

(a) Only I and Il are TRUE.
(b) Only Il and Ill are FALSE.
(c) Only Ill and IV are TRUE
(d) Only I, Il, and Ill are FALSE
and members of the judiciary. The occupation of China lasted for fifty (50) years until
China voluntarily left the country on 1 October 2072.

TRUE OR FALSE:

I. In the year 2040, China, through its appointed legislative officers, enacted a law
making it criminal to make statements disparaging its image and citizens. A, who was
convicted and imprisoned of this offense during the occupation, can file a petition for
habeas corpus on 2 October 2072.
II. In the year 2070, B was convicted of Serious Illegal Detention under Article 267 of the
Revised Penal Code of the Philippines by a judge appointed by the Chinese military
government because he kidnapped Z, a Chinese citizen. B, who was convicted and
imprisoned of this offense during the occupation, can file a petition for habeas corpus
on 2 October 2072.
III. In the year 2019, D was convicted and imprisoned for Illegal Assembly under Article
146 of the Revised Penal Code of the Philippines because he organized a meeting
during which the audience was incited to commit direct assault. D can file a petition
for habeas corpus on 2 October 2022.
Choose the BEST answer:
(a) Only I and Ill are TRUE.
(b) Only Il and Ill are FALSE.
(c) Only Ill is FALSE.
(d) All of I, Il, and Ill are FALSE.
(e) All of I, Il and Ill are TRUE.
 1.
During the campaign for the 2016 Presidential election, President Rodrigo Duterte promised to
strengthen local government units to eradicate widespread poverty and lessen corruption.
President Duterte believes that the only solution to attaining a national prosperity is by giving
the local government units the authority to chart their own destiny by giving them the power to
create their own sources of revenue, maintain their own police force, identify needed
infrastructure, and appropriate their own budget. For this reason, the President urged the
Congress to propose the needed change to the 1987 Constitution to allow the local government
units the aforesaid powers. Senator Franklin Drilon however believes that the above-mentioned
powers may be granted to the local government units without changing the Constitution under
the principle of autonomy of local governments, and a mere amendment of the Local
Government Code will suffice. Rule on the contention of Sen. Drilon.

2. X

From January 15-19, 2015, Pope Francis, the Head of the Roman Catholic Church and the Vatican
City State, went to the Philippines for his first State and Pastoral visit. In preparation for the visit,
37,500 police and military personnel were mobilized to provide security force in the venue of
activities for the Pope. Classes and work in Metro Manila were suspended during the entire
period of the visit, and various infrastructure projects were undertaken for the scheduled
activities. The Philippine Government spent at least Two Hundred Million Pesos
(Php200,000,000.00) for setting up the concrete barriers which intend to hold the crowd and to
separate them from the Official Convoy of the Pope. One Hundred Million Pesos
(Php100.000.000.00) were likewise released for the special allowance of the police and military
personnel for the five-day activities of the visiting Pope. Activities of the Pope include a courtesy
visit to President Benigno S. Aquino, holy mass with Bishops and Priests, meeting with the Filipino
Families, holy mass at the Tacloban City, meeting with the Youth, and the final holy mass at the
Rizal Park. Bro. Ely Manolo, head of religious sect Ang Dating Doon, questions the
Constitutionality of the appropriation and use of Government funds for the visit of Pope Francis.
According to Bro. Manolo, the use of Government funds for the Papal visit violates the non-
establishment of religion clause of the Constitution because the religious color of the activities is
not only incidental, but direct and exclusive. Do you agree?

3.

In the evening of September 2, 2016, an improvised explosive device (IED) made from 60mm
mortar with batteries and detonated by a cellular phone exploded in Davao night market. A total
of 15 people died and 68 others injured, mostly sustaining massive shrapnel wounds. Abu Sayyaf,
a group linked with Islamic State of Iraq and Syria (ISIS), claimed responsibility for the blast.
Immediately after the Davao bombing, President Rodrigo Duterte declared a state of lawless
violence. President Duterte explained that a state of lawless violence is "not a martial law and
that there would be no suspension of the writ of habeas corpus." What is simply means,
according to President Duterte, is that more policemen and soldiers will be deployed and man
checkpoints, and impose, if needed, curfews. President Duterte then gave a guarantee that the
group responsible for the atrocity will be eliminated for good. Corollary to the declaration of state
of lawless violence. President wishes to require all male citizens 18-50 years old to aid the
government in its efforts to track down the Abu Sayyaf group. The President invokes Section 5
Article Il of the 1987 Constitution as a basis on his call on the citizens to defend the Philippines,
which is now under a state of lawless violence. Is this permissible?
4.

President Rodrigo Duterte waged an aggressive war against illegal drugs upon assumption of his
office. Illegal drugs, according to the President, are menace that destroy persons, families and
the society as a whole. Drug dependents do not know reason and can do unimaginable things.
For this reason, President Duterte ordered Police officers to use lethal force to neutralize drug
pushers and drug users and to shoot them if their own safety is at risk. To date, 1,000 suspected
pushers and drug addicts, more or less, were killed by Police Officers during buy-bust operations
while 1,500 more were killed by unknown vigilantes. Alarmed with this situation, Members of
the European Parliament urged the "Philippine government to put an end to the current wave of
extrajudicial executions and killings, [and to] launch an immediate investigation into them, and
adopt specific, comprehensive policies and programs in full compliance with national and
international obligations and respect for human rights". The European Parliament is an important
forum for political debate consisting of 751 members elected in 28-Member States of the
European Union. The Philippines and the Member-States of the European Union are all members
of the United Nations. Department of Foreign Affairs Teodoro Locsin, Jr. asks your opinion if the
Philippines can raise a diplomatic complaint against the Member-States of the European Union
for interference in the sovereign functions of the Philippines. What would be your opinion?
5.

On September 13, 2016, Mrs. Vicenta Asperin, 21 years old, passed away at the Metro Medical
and Research Center. Davao City around 10:17 p.m. Mrs. Asperin, who was six months pregnant,
is one of the victims in the Davao blast that claimed 15 innocent lives. A bomb fragment entered
Mrs. Asperin's nose and went straight to her brain and she was in comatose for 11 days before
she died. The doctors attending Mrs. Asperin refused to conduct an operation to remove the
fragment in her brain as it will put at serious risk the life of the child in her womb. The doctors
explained that the oxygen supply to the child might be cut off during the operation which may
result in the instantaneous death of the child. The doctors instead preferred to wait before Mrs.
Asperin becomes stronger or to regain consciousness before they conduct any medical
procedure. The family of Mrs. Asperin is now blaming the doctors for not attempting to save the
life of either the mother or child, and in the process, losing both. The family claims that if the
doctors removed the fragment in the brain of Mrs. Asperin there is a chance that the mother, at
least, will survive. The doctors however explained that they cannot perform any procedure that
will endanger the life of either the mother or the child without criminal liability. The doctors
further explained that this is based on the Constitutional policy according equal protection to the
life of the mother and the life of the unborn from conception. Rule on the arguments of the
parties.

6.
Surprise inspections were conducted by the Quezon City Police in bars and restaurants along
Katipunan Avenue on September 13. 2017. This activity raised alarm among regular customers in
the area, but then Chief Superintendent Guillermo Eleazar (Chief Supt. Eleazar), Director of the
Quezon City Police District, was quick to allay such fears and maintained that the inspections
were part of regular police operations. Chief Supt. Eleazar said that consultative meetings had
been held with Barangay Officials and business owners who have agreed to the conduct of the
operation aimed at searching for firearms and prohibited drugs. The operation is "no different
from the routine bag inspections done by security guards in malls or office buildings" according
to Chief Supt. Eleazar. Under the operation, customers inside the establishments were asked by
Police Officers to open their bags for inspection. Mr. Mario De Guzman, one of the customers of
Ligaya Club who was subjected to search, questions the Constitutionality of the Police operation
for being unreasonable search and seizure. Do you agree with Mr. De Guzman?

7.

On May 23, 2017, an estimated 500 armed men affiliated with Abu Sayyaf Salafi Jihadist (also
known as the Maute Group) attacked Camp Ranao and occupied several buildings in Marawi City,
including the Marawi City Hall. The clashes began when the Philippine Government launched an
offensive campaign for the capture of Isnilon Hapilon, leader of Islamic State of Iraq and Syria -
Southeast Asia Branch (ISIS). Deadly firefight ensued which resulted in the death of civilians and
Police Officers in Marawi. President Rodrigo Duterte, who was then in a State visit in Russia,
immediately declared martial law in the entire Mindanao island in order to quell the ongoing
rebellion and terroristic attacks in Marawi City initially for a period of 60 days which was later
extended by Congress until December 31, 2017. The President ordered the evacuation of all
residents of Marawi and authorized the use of heavy artillery and bombs to flush out the
insurgents. As a result of the clashes between the Government Troops and the Maute Group,
houses and buildings in Marawi City were destroyed and flattened. Residents and business
owners of Marawi City seek your counsel if they can demand from the Government the payment
of just compensation for their properties which were destroyed because of the Government
operation. What would be your opinion?

8.

On February 4, 2019, the Congress, acting as a Constituent Assembly and by two-thirds votes of
all the Members of the Senate and of all the Members of the House of Representatives voting
separately, called a Constitutional Convention to propose changes to the Constitution. Delegates
of the Constitutional Convention were thereby elected on May 11, 2019, and immediately
discharged their mandate to propose changes to the 1987 Constitution. On August 14, 2019, the
Constitutional Convention approved all the proposed changes to the Constitution and requested
the Congress to schedule the plebiscite for the ratification of the proposals to be held on October
30, 2019. Among the proposals of the Constitutional Convention include, the shift from a Unitary
Government to a Federal Government and from bicameral to a unicameral Congress. The
Constitutional Convention also fixed the term of the Members of the Congress to 4 years with a
limitation that the Members of Congress shall not hold office for more than 2 consecutive terms.
On August 25, 2019, the Congress approved a bill calling for a special election for the ratification
of the proposals of the Constitutional Convention to be held on October 30, 2019. The Congress
likewise passed a resolution proposing the extension of the term limit of the Members of
Congress to 3 consecutive terms, and that the same be submitted to the people for their
ratification on the scheduled plebiscite. The resolution was approved by three-fourths vote of all
the Members of the Senate and all the Members of the House of Representatives voting
separately. Is the resolution of the Congress proposing the extension limit of Members of
Congress to three consecutive terms Constitutional?

9.

From November 2016 to January 2017, a Chinese ship named Xiang Yang Hong 03 was spotted
near the Benham Rise. Benham Rise is 13-Million Hectare underwater plateau which is believed
to be rich in natural gas and other marine resources. Benham Rise is within the 200-Nautical Miles
Exclusive Economic Zone of the Philippines which subject to its exclusive rights to exploit natural
resources in accordance with the United Nations Convention on the Law of the Sea. Initially,
National Defense Secretary Delfin Lorenzana and then Department of Foreign Affairs Acting
Secretary Enrique Manalo said that they have no knowledge of the activities of the Chinese
vessel, and that their presence in the area is not authorized. On March 13. 2017 however,
President Rodrigo Duterte revealed that he talked with Chinese President Xi Jining and he was
advised about the sending of ships to Benham Rise. President Duterte said that "we were advised
way ahead but we have the right to ask how things are going? What is your purpose?", and he
does not see the Chinese vessel's presence as an incursion in the Philippine's maritime zone. Then
Secretary Manalo likewise said that they asked China for clarification, and the latter responded
by saying that it recognizes the rights of the

10.

The Department of Transportation and Communications (DoTC) was authorized in the General
Appropriations Act for 2019 to procure forty-eight (48) Light Rail Vehicles (RV) in order to
augment the coach deficiencies of the Metro Rail Transit 3 (MRT3). Fares for the MRT3 are partly
subsidized by the Government and are substantially lower than the rates of commercial public
utility transportation. The DoC conducted public biddings for the procurement of brand new RVs,
and the contract was awarded to Dalian Locomotive and Rolling Stock of China (DRS) in February
2019. In the Supply Agreement between the DoT and DLRS, the parties agree that any dispute in
connection with the contract shall be submitted to an alternative dispute resolution to be
governed by the Philippine Institute of Arbitration (PIArb) rules. In August 2019, DRS started to
send RV prototypes for the inspection of the DoC, with the corresponding expectation of being
paid twenty-five (25%) of the contract costs on or before September 5, 2019 in accordance with
the schedule of payments under the Supply Agreement. Unfortunately however, DoTC failed to
pay the first schedule of payment due to the delay in the release of the budget by the Department
of Budget Management. This impelled DRS to file a notice of arbitration with the PlArb on
September 6,