Labor law questions in the 2013 BAR EXAMS

LABOR LAW- BAR EXAM- FINAL- OCT. 6, 2013
BAR EXAMINATIONS 2013
LABOR  LAW


October 6, 2013 2:00-6:00 P.M.

INSTRUCTIONS



1. This Questionnaire contains SEVENTEEN (17) pages including these Instructions pages. Check the number of pages and the page numbers at the upper right band corner of each page of this Questionnaire and make sure it has the correct number of pages and their proper numbers.



There are TEN (10) Essay Questions numbered I to X (with subquestions), and EIGHTEEN (18) Multiple Choice Questions (MCQs) numbered I to XVIII (with subquestions), to be answered within four (4) hours.



The essay portion contains questions that are worth 80% of the whole examination, while the MCQ portion contains questions worth 20%.



2. Read each question very carefully and write your answers in your Bar Examination Notebook in the same order the questions are posed.

Write your answers only on the front, not the back, page of every sheet in your Examination Notebook. Note well the allocated percentage points for each number, question, or sub-question. In your answers, use the numbering system in the questionnaire.

If the sheets provided in your Examination Notebook are not sufficient for your answers, use the back pages of every sheet of your Examination Notebook, starting at the back page of the first sheet and the back ofthe succeeding sheets thereafter.

3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate page. An answer to a sub-question under the same number may be written continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your abmty to analyze the facts presented by the question, to select the material from the immaterial facts, and to discern the points upon which the question turns. It should
 show your knowledge and understanding of the pertinent principles and theories of law involved and their qualifications and limitations. It should demonstrate your ability to apply the law to the given facts, and to reason logically in a lawyer-like manner to a sound conclusion from the given premises.

A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be given any credit. Thus, always briefly but fully explain your answers although the question does not expressly ask for an explanation. At the same time, remember that a complete explanation does not require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the question in your Examination Notebook.



4. MCQs are to be answered by writing in your Examination Notebook the capital letter (A, B, C, D, or E) corresponding to your chosen answer. The MCQ answers should begin in the page following the last page ofyour essay answers.

There is only one correct answer to every MCQ; choose the BEST answer from among the offered choices. Note that some MCQs may need careful analysis both ofthe questions and the choices offered.

5. Make sure you do not write your name or any extraneous note/s or distinctive markingls on your Examination Notebook that can serve as identifying mark/s (such as names that are not in the given questions, prayers, or private notes to the Examiner).

Writing, leaving or making any distinguishing or identifying mark in the Examination Notebook is considered cheating and can disqualify you for the Bar examinations.

You can use the questionnaire for notes you may wish/need to write during the examination.




HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE



q~~

Chairman

2013 Bar Examinations

LABOR LAW- BAR EXAM- FINAL- OCT. 6, 2013

ESSAY QUESTIONS

I.

Jose and Erica, former sweethearts, both worked as sales representatives for Magna, a multinational finn engaged in the manufacture and sale of pharmaceutical products. Although the couple had already broken off their relationship, Jose continued to have special feelings for Erica.



One afternoon, Jose chanced upon Erica riding in the car of Paolo, a co-employee and Erica's ardent suitor; the two were on their way back to the office from a sales call on Silver Drug, a major drug retailer. In a fit of extreme jealousy, Jose rammed Paolo's car, causing severe injuries to Paolo and Erica. Jose's flare up also caused heavy damage to the two company-owned cars they were driving.

(A)  As lawyer for Magna, advise the company on whether just and valid grounds exist to dismiss Jose. (4%)

(B)  Assuming this time that Magna dismissed Jose from employment for cause and you are the lawyer of Jose, how would you argue the position that Jose's dismissal was illegal? (4%)



II.

Gamma Company pays its regular employees P350.00 a day, and houses them in a dormitory inside its factory compound in Manila. Gamma Company also provides them with three full meals a day.

In the course of a routine inspection, a Department of Labor and Employment (DOLE) Inspector noted that the workers' pay is below the prescribed minimum wage of P426.00 plus P30.00 allowance, and thus required Gamma Company to pay wage differentials.

Gamma Company denies any liability, explaining that after the market value of the company-provided board and lodging are added to the employees' P350 cash daily wage, the employees' effective daily rate would be way above the minimum pay required by law. The company counsel further points out that the employees are aware that their food and lodging form part of their salary, and have long accepted the arrangement.

Is the company's position legally correct?  (8%)


HI.

Inter-Garments Co. manufactures garments for export and requires its employees to render overtime work ranging from two to three hours a day to meet its clients' deadlines. Since 2009, it has been paying its employees on overtime an additional 35% of their hourly rate for work rendered in excess of their regular eight working hours.


Due to the slowdown of its export business in 2012, Inter-Garments had to reduce its overtime work; at the same time, it adjusted the overtime rates so that those who worked overtime were only paid an additional 25% instead of the previous 35%. To replace the workers' overtime rate loss, the company granted a one-time 5% across-the-board wage increase.


Vigilant Union, the rank-and-file bargaining agent, charged the company with Unfair Labor Practice on the ground that (1) no consultations had been made on who would render overtime work; and (2) the unilateral overtime pay rate reduction is a violation of Article 100 (entitled Prohibition Against Elimination or Diminution ofBenefits) of the Labor Code.


Is the union position meritorious? (8%)


IV.

Bobby, who was assigned as company branch accountant in Tarlac where his family also lives, was dismissed by Theta Company after anomalies in the company's accounts were discovered in the branch. Bobby filed a complaint and was ordered reinstated with full backwages after the Labor Arbiter found that he had been denied due process because no investigation actually took place .



. Theta Company appealed to the National Labor Relations Commission (NLRC) and at the same time wrote Bobby, advising him to report to the main company office in Makati where he would be reinstated pending appeaL Bobby refused to comply with his new assignment because Makati is very far from Tarlac and he cannot bring his family to live with him due to the higher cost of living in Makati.

(A)  Is  Bobby's  reinstatement  pending  appeal  legally  correct?

(4%)

(B) Advise Bobby on the best course of action to take under the circumstances. (4%)



v.

Cris filed a complaint for illegal dismissal against Baker Company. The Labor Arbiter dismissed the complaint but awarded Cris financial assistance. Only the company appealed from the Labor Arbiter's ruling. It confined its appeal solely to the question of whether financial assistance could be awarded. The NLRC, instead of ruling solely on the appealed issue, fully reversed the Labor Arbiter's decision; it found Baker Company liable for illegal dismissal and ordered the payment of separation pay and full backwages.

Through a petition for certiorari under Rule 65 of the Rules of Court, Baker Company challenged the validity of the NLRC ruling. It argued that the NLRC acted with grave abuse of discretion when it ruled on the illegal dismissal issue, when the only issue brought on appeal was the legal propriety of the financial assistance award.

Cris countered that under Article 218(c) of the Labor Code, the NLRC has the authority to "correct, amend, or waive any error, defect or irregularity whether in substance or in form" in the exercise of its appellate jurisdiction.



Decide the case. (8%)


VI.

Because of the stress in caring for her four (4) growing children, Tammy suffered a miscarriage late in her pregnancy and had to undergo an operation. In the course of the operation, her obstetrician further discovered a suspicious-looking mass that required the subsequent removal of her uterus (hysterectomy). After surgery, her physician advised Tammy to be on full bed rest for six ( 6) weeks. Meanwhile, the biopsy of the sample tissue taken from the mass in Tammy's uterus showed a beginning malignancy that required an immediate series of chemotherapy once a week for four (4) weeks.

(A)  What benefits can Tammy claim under existing social legislation? (4%)

(B)  What can Roger- Tammy's 2nd husband and the father of her two (2) younger children - claim as benefits under the circumstances? (4%)


vu.

Philippine Electric Company is engaged in electric power generation and distribution. It is a unionized company with Kilusang Makatao as the union representing its rank-and-file employees. During the negotiations for their expired collective bargaining agreement (CBA), the parties duly served their proposals and counter-proposals on one another. The parties, however, failed to discuss the merits of their proposals and counter-proposals in any formal negotiation meeting because their talks already bogged down on the negotiation ground rules, i.e., on the question of how they would conduct their negotiations, particularly on whether to consider retirement as a negotiable issue.



Because of the continued impasse, the union went on strike. The Secretary of Labor and Employment immediately assumed jurisdiction over the dispute to avert widespread electric power interruption in the country. After extensive discussions and the filing of position papers (before the National Conciliation and Mediation Board and before the Secretary himself) on the validity of the union's strike and on the wage and other economic issues (including the retirement issue), the DOLE Secretary ruled on the validity of the strike and on the disputed CBA issues, and ordered the parties to execute a CBA based on his rulings.

Did the Secretary of Labor exceed his jurisdiction when he proceeded to rule on the parties' CBA positions even though the parties did not fully negotiate on their own? (8%)



VIII.

After thirty (30) years of service, Beta Company compulsorily retired Albert at age 65 pursuant to the company's Retirement Plan. Albert was duly paid his full retirement benefits of one ( 1) month pay for every year of service under the Plan. Thereafter, out of compassion, the company allowed Albert to continue working and paid him his old monthly salary rate, but without the allowances that he used to enjoy.

After five (5) years under this arrangement, the company finally severed all employment relations with Albert; he was declared fully retired in a fitting ceremony but the company did not give him any further retirement benefits. Albert thought this treatment unfair as he had rendered full service at his usual hours in the past five (5) years. Thus, he filed a complaint for the allowances that were not paid to him, and for retirement benefits for his additional five (5) working years, based either on the company's Retirement Plan or the Retirement Pay Law, whichever is applicable.



(A)  After Albert's retirement at age 65, should he be considered a regular employee entitled to all his previous salaries and benefits when the company allowed him to continue working? (4%)

(B)  Is he entitled to additional retirement benefits for the additional service he rendered after age 65? (4%)


IX.

Pablo works as a driver at the National Tire Company (NTC). He is a member of the Malayang Samahan ng Manggagawa sa NTC, the exclusive rank-and-file collective bargaining representative in the company. The union has a CBA with NTC which contains a union security and a check-off clause. The union security clause contains a maintenance of membership provision that requires all members of the bargaining unit to maintain their membership in good standing with the union during the term of the CBA under pain of dismissal. The check-off clause on the other hand authorizes the company to deduct from union members' salaries defined amounts of union dues and other fees. Pablo refused to issue an authorization to the company for the check-off of his dues, maintaining that he will personally remit his dues to the union.



(A)  Would the NTC management commit unfair labor practice if it desists from checking off Pablo's union dues for lack of individual authorization from Pablo? (4%)


(B)  Can the union charge Pablo with disloyalty for refusing to allow the check off of his union dues and, on this basis, ask the company to dismiss him from employment? (4%)



X.


For ten (10) separate but consecutive yearly contracts, Cesar has been deployed as an able-bodied seaman by Meritt Shipping, through its local agent, Ace Maritime Services (agency), in accordance with the 2000 Philippine Overseas Employment Administration Standard Employment Contract (2000 POEA-SEC). Cesar's employment was also covered by a CBA between the union, AMOSl.JP, and Meritt Shipping. Both the 2000 POEA-SEC and the CBA commonly provide the same mode and procedures for claiming disability benefits. Cesar's last contract (for nine months) expired on July 15, 2013.



Cesar disembarked from the vessel MIV Seven Seas on July 16, 2013 as a seaman on "finished contract". He immediately reported to the agency and complained that he had been experiencing spells of dizziness, nausea,general weakness, and difficulty in breathing. The agency referred him to Dr. Sales, a cardio-pulmonary specialist, who examined and treated him; advised him to take a complete rest for a while; gave him medications; and declared him fit to resume work as a seaman.

After a month, Cesar went back to the agency to ask for re-deployment. The agency rejected his application. Cesar responded by demanding total disability benefits based on the ailments that he developed and suffered while on board Meritt Shipping vessels. The claim was based on the certification of his physician (internist Dr. Reyes) that he could no longer undertake sea duties because of the hypertension and diabetes that afflicted him while serving on Meritt Shipping vessels in the last 10 years. Rejected once again, Cesar filed a complaint for illegal dismissal and the payment of total permanent disability benefits against the agency and its principal.



Assume that you are the Labor Arbiter deciding the case. Identify the facts and issues you would consider material in resolving the illegal dismissal and disability complaint. Explain your choices and their materiality, and resolve the case. (8"/o)



MULTIPLE CHOICE QUESTIONS


I.  The  parties to a  labor dispute  can validly submit to  voluntary

arbitration • (1%)

(A)  any disputed issue they may agree to voluntarily arbitrate

(B)  only matters that do not fall within the exclusive jurisdiction of the Labor Arbiter

(C)  any disputed issue but only after conciliation at the National Conciliation and Mediation Board fails

(D)  any disputed issue provided that the Labor Arbiter has not assumed jurisdiction over the case on compulsory arbitration

(E)  only matters relating to the interpretation or implementation of a collective bargaining agreement



H.  When there is no recognized collective bargaining agent, can a legitimate labor organization validly declare a strike against the employer? (1%)

(A)  Yes, because the right to strike is guaranteed by the Constitution and cannot be denied to any group of employees.

(B)  No, because only an exclusive bargaining agent may declare a strike against the employer.

(C)  Yes, because the right to strike is a basic human right that the country's international agreements and the International Labor Organization recognize.

(D)  Yes, but only in case of unfair labor practice.

(E)  No, in the absence of a recognized bargaining agent, the workers' recourse is to file a case before the Department of Labor and Employment.

HI. Mr. Del Carmen, unsure if his foray into business (messengerial service catering purely to law firms) would succeed but intending to go long-term if he hurdles the first year, opted to open his operations with one-year contracts with two law firms although he also accepts messengerial service requests from other firms as their orders come. He started with one permanent secretary and six (6) messengers on a one-year, fixed-term, contract.



Is the arrangement legal from the perspective of labor standards?

(1%)

(A)  No, because the arrangement will circumvent worker's right to security of tenure.
(B)  No. If allowed, the arrangement will serve as starting point in weakening the security of tenure guarantee.

(C)  Yes, if the messengers are hired through a contractor.

(D)  Yes, because the business is temporary and the contracted undertaking is specific and time-bound.

(E)  No, because the fixed term provided is invalid.

IV. Chito was illegally dismissed by DEF Corp. effective at the close of business hours of December 29, 2009.

IV(1).  He can file a complaint for illegal dismissal without any


legal bar within . (1%)

(A)  three (3) years

(B)  four (4) years
(C)  five (5) years
(D)  six (6) years

(E)  ten (10) years

IV(2).  If he has money claims against DEF Corp., he can make


the claim without any legal bar within . (1%)

(A)  three (3) years

(B)  four (4) years

(C)  five (5) years

(D)  six (6) years

(E)  ten (10) years

LABOR LAW- BAR EXAM-FINAL- OCT. 6, 2013 10





V. After vainly struggling to stay financially afloat for a year, LMN Corp. finally gave up and closed down its operations after its major creditors filed a petition for LMN's insolvency and liquidation.

In this situation, LMN's employees are entitled to ______.as separation pay. (1%)

(A)  one-half month pay for every year of service

(B)  one month pay for every year of service

(C)  one-half month pay

(D)  one month pay

(E)  no separation pay at all



VI. At age 65 and after 20 years of sewing work at home on a piece rate basis for PQR Garments, a manufacturer-exporter to Hongkong, Aling Nena decided it was time to retire and to just take it easy.

Is she entitled to retirement pay from PQR? (1%)



(A)  Yes, but only to one month pay.

(B)  No, because she was not a regular employee.
(C)  Yes, at the same rate as regular employees.

(D)  No, because retirement pay is deemed included in her contracted per piece pay.

(E)  No, because homeworkers are not entitled to retirement pay.



VII.  The minimum wage prescribed by law for persons with disability is

_____. (1%)

(A)  50% of the applicable minimum wage

(B)  75% ofthe applicable minimum wage
(C)  100% of the applicable minimum wage

(D)  the wage that the parties agree upon, depending on the capability of the disabled.

(E)  the wage that the parties agree upon, depending on the capability of the disabled, but not less than 50% of the applicable minimum wage



VHI. What is the financial incentive, if any, granted by law to SPQ Garments whose cutters and sewers in its garments-for-export operations are 80% staffed by deaf and deaf-mute workers? (1%)

(A)  Additional deduction from its gross income equivalent to 25% of amount paid as salaries to persons with disability.

(B)  Additional deduction from its gross income equivalent to 50% of the direct costs of the construction of facilities for the use of persons with disability.

(C)  Additional deduction from its net taxable income equivalent to 5% ofits total payrolL

(D)  Exemption from real property tax for one (1) year of the property where facilities for persons with disability have been constructed.

(E)  The annual deduction under (A), plus a one-time deduction under (B).

IX. Mr. Ortanez has been in the building construction business for several years. He asks you, as his new labor counsel, for the rules he must observe in considering regular employment in the construction industry.

You clarify that an employee, project or non-project, will acquire regular status if • (1%)

(A)  he has been continuously employed for more than one year

(B)  his contract of employment has been repeatedly renewed, from project to project, for several years

(C)  he performs work necessary and desirable to the business, without a fixed period and without reference to any specific project or undertaking

(D)  he has lived up to the company's regularization standards

(E)  All ofthe above.

X. Samahang Tunay, a union of rank-and-file employees lost in a certification election at Solam Company and has become a minority union. The majority union now has a signed CBA with the company and the agreement contains a maintenance of membership clause.

What can Samahang Tunay stm do within the company as a union considering that it stm has members who continue to profess continued loyalty to it? (1%)

(A)  It can still represent these members in grievance committee meetings.

(B)  It can collect agency fees from its members within the bargaining unit.

(C)  It can still demand meetings with the company on company time.

(D)  As a legitimate labor organization, it can continue to represent its members on non-CBA-related matters.

(E)  None of the above.
(F)  All of the above.



XI. The members of the administrative staff of Zeta, a construction company, enjoy ten (10) days of vacation leave with pay and ten (10) days of sick leave with pay, annually. The workers' union, Bukluran, demands that Zeta grant its workers service incentive leave of five (5) days in compliance with the Labor Code.



Is the union demand meritorious? (1%)

(A)  Yes, because non-compliance with the law will result in the diminution of employee benefits.

(B)  Yes, because service incentive leave is a benefit expressly provided under and required by the Labor Code.

(C)  No, because Zeta already complies with t.'Ie law.

(D)  No, because service incentive leave is a Labor Code benefit that does not apply in the construction industry.

(E)  Yes, because Labor Code benefits are separate from those voluntarily granted by the company.



XU. Upon the expiration of the first three (3) years of their CBA, the union and the company commenced negotiations. The union demanded that the company continue to honor their 30-day union leave benefit under the CBA. The company refused on the ground that the CBA had already expired, and the union had already consumed their union leave under the CBA.

Wbo is correct?  (1%)

(A)  The company is correct because the CBA has expired; hence it is no longer bound to provide union leave.

(B)  The company is correct because the union has already consumed the allotted union leave under the expired CBA.

(C)  The union is correct because it is still the bargaining representative for the next two (2) years.

(D)  The union is correct because union leaves are part of the economic tenns that continue to govern until new terms are agreed upon.

(E)  They are both wrong.



XIII. Hector, a topnotch Human Resource Specialist who had worked in multinational firms both in the Philippines and overseas, was recruited by ABC Corp., because ofhis impressive credentials. In the course of Hector's employment, the company management frequently did not follow his recommendations and he felt offended by this constant rebuff.



Thus, he toyed with the idea of resigning and of asking for the same separation pay that ABC earlier granted to two (2) department heads when they left the company.

To obtain a legal opinion regarding his options, Hector sent an email to ABC's retained counsel, requesting for advice on whether the grant by the company of separation pay to his resigned colleagues has already ripened into a company practice, and whether he can similarly avail of this benefit if he resigns from his job.

As the company's retained legal counsel, how will you respond to Hector? (1%)

(A)  I would advise him to write management directly and inquire about the benefits he can expect if he resigns.

(B)  I would advise him that the previous grant of separation pay to his colleagues cannot be considered a company practice because several other employees had resigned and were not given separation pay.

(C)  I would advise him to ask for separation pay, not on account of company practice, but on the basis of discrimination as he is similarly situated as the two resigned department heads who were paid their separation pay.

(D)  I would not give him any legal advice because he is not my client.

(E)  I would maintain that his question involves a policy matter beyond the competence of a legal counsel to give.



XIV. Aleta Quiros was a faculty member at BM Institute, a private educational institution. She was hired on a year-to-year basis under the probationary employment period provision of the Manual of Regulations for Private Schools. The terms and conditions of her engagement were defined under her renewable yearly contract.

For reasons of its own, BM Institute no longer wanted to continue with Aleta's teaching services. Thus, after the contract for her second year expired, BM Institute advised Aleta that her contract would no longer be renewed. This advice prompted Aleta to file a complaint for illegal dismissal against BM Institute.

wm the complaint prosper? (1'%)

(A)  Yes, because no just or authorized cause existed for the termination of her probationary employment.
(B)  Yes, because under the Labor Code, Aleta became a regular employee after 6 months and she may now only be dismissed for cause.



(C)  No, because there was no dismissal to speak of. Her employment was automatically terminated upon the expiration of her year-to-year fixed term employment.

(D)  No, because BM Institute may dismiss its faculty members at will in the exercise of its academic freedom.

(E)  No, because Aleta was still on probationary employment.



XV. Robert, a,'l employee of ABC Company, is married to Wanda. One day, Wanda visited the company office with her three (3) emaciated minor children, and narrated to the Manager that Robert had been squandering his earnings on his mistress, leaving only a paltry sum for the support of their children. Wanda tearfully pleaded with the Manager to let her have one half of Robert's pay every payday to ensure that her children would at least have food on the table. To support her plea, Wanda presented a Kasulatan signed by Robert giving her one half of his salary, on the condition that she would not complain if he stayed with his mistress on weekends.

If you were the Manager, would you release one half of Robert's salary to Wanda? (1%)

(A)  No, because an employer is prohibited from interfering with the freedom of its employees to dispose of their wages.

(B)  Yes, because ofRobert's signed authorization to give Wanda one half of his salary.

(C)  No, because there is no written authorization for ABC Company to release Robert's salary to Wanda.

(D)  Yes, because it is Robert's duty to financially support his minor children.

(E)  No, because Robert's Kasulatan is based on an illegal consideration and is of doubtful legal validity.



XVI. Ricardo operated a successful Makati seafood restaurant patronized by a large clientele base for its superb cuisine and impeccable service. Ricardo charged its clients a 10% service charge and distributed 85% of the collection equally among its rank-and-file employees, 10% among managerial employees, and 5% as reserve for losses and breakages. Because of the huge volume of sales, the employees received sizeable shares in the collected service charges.



As part of his business development efforts, Ricardo opened a branch in Cebu where he maintained the same practice in the collection and distribution of service charges. The Cebu branch, however, did not attract the forecasted clientele; hence, the Cebu employees received lesser service charge benefits than those enjoyed by the Makati-based employees. As a result, the Cebu branch employees demanded equalization of benefits and filed a case with the NLRC for discrimination when Ricardo refused their demand.

XVI(l) wm the case prosper? (1%)

(A)  Yes, because the employees are not receiving equal treatment in the distribution of service charge benefits.

(B)  Yes, because the law provides that the 85% employees' share in

the service charge collection should be equally divided among all the employees, in this case, among the Cebu and Makati employees alike.

(C)  No, because the employees in Makati are not similarly situated as the Cebu employees with respect to cost ofliving and conditions of work.

(D)  No, because the service charge benefit attaches to the outlet where service charges are earned and should be distributed exclusively among the employees providing service in the outlet.

(E)  No, because the market and the clientele the two branches are serving, are different.



XVI(2). In order to improve the Cebu service and sales, Ricardo decided to assign some of its Makati-based employees to Cebu to train Cebu employees and expose them to the Makati standard of service. A chef and three waiters were assigned to Cebu for the task. While in Cebu, the assigned personnel shared in the Cebu service charge collection and thus received service charge benefits lesser than what they were receiving in Makati.



If you were the lawyer for the assigned personnel, what would you advice them to do? (1%)

(A)  I would advise them to file a complaint for unlawful diminution of service charge benefits and for payment of differentials.

(B)  I would advise them to file a complaint for illegal transfer because work in Cebu is highly prejudicial to them in terms of convenience and service charge benefits.

(C)  I would advise them to file a complaint for discrimination in the grant of service charge benefits.

(D)  I would advise them to accept their Cebu training assigmnent as an exercise of the company's management prerogative.

(E)  I would advise them to demand the continuation of their Makati-based benefits and to file a complaint under (B) above if the demand is not heeded.


XVII. Constant Builders, an independent contractor, was charged with illegal dismissal and non-payment of wages and benefits of ten dismissed employees. The complainants impleaded as co-respondent Able Company, Constant Builder's principal in the construction of Able's office building. The complaint demanded that Constant and Able be held solidarily liable for the payment of their backwages, separation pay, and all their unpaid wages and benefits.





If the Labor Arbiter rules in favor of the complainants, choose the statement that best describes the extent of the liabilities of Constant and Able. (1%)




(A)  Constant and Able should be held solidarily liable for the

unpaid wages and benefits, as well as backwages and separation pay, based on Article 109 of the Labor Code which provides that "every employer or indirect employer shall be held responsible with his contractor or subcontractor for any violation of any provision of this Code."

(B)  Constant and Able should be held solidarily liable for the unpaid wages and benefits, and should order Constant, as the workers' direct employer, to be solely liable for the backwages and separation pay.

(C)  Constant and Able should be held solidarily liable for the unpaid wages and benefits and the backwages since these pertain to labor standard benefits for which the employer and contractor are liable under the law, while Constant alone - as the actual employer- should be ordered to pay the separation pay.

(D)  Constant and Able should be held solidarily liable for the unpaid wages and benefits, and Constant should be held liable for their backwages and separation pay unless Able is shown to have participated with malice or bad faith in the workers' dismissal, in which case both should be held solidarily liable.
(E)  The above statements are all inaccurate.





XVIII. The Pinagbuklod union filed a Petition for Certification Election, alleging that it was a legitimate labor organization of the rank-and-file employees of Delta Company. On Delta's motion, the Med Arbiter dismissed the Petition, based on the finding that Pinagbuklod was not a legitimate labor union and had no legal personality to file a Petition for Certification Election because its membership was a mixture of rank-and-file and supervisory employees.


Is the dismissal of the Petition for Certification Election by the Med-Arbiter proper? (1 °/o)



(A)  Yes, because Article 245 of the Labor Code prohibits supervisory employees from joining the union of the rank and file employees and provides that a union representing both rank and file and supervisory employees as members is not a legitimate labor organization.

(B)  No, because the grounds for the dismissal of a petition for certification election do not include mixed membership in one union.

(C)  No, because a final order of cancellation of union registration is required before a petition for certification election may be dismissed on the ground oflack of!egal personality of the umon.

(D)  No, because Delta Company did not have the legal personality to participate in the certification election proceedings and to file a motion to dismiss based on the legitimacy status of the

petitioning union.

THREE-FOLD RULE

Article 70. Successive service of sentence. - When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit otherwise, the following rules shall be observed:

In the imposition of the penalties, the order of their respective severity shall be followed so that they may be executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty or penalties first imposed, or should they have been served out.

For the purpose of applying the provisions of the next preceding paragraph the respective severity of the penalties shall be determined in accordance with the following scale:

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Arresto menor,

8. Destierro,

9. Perpetual absolute disqualification,

10 Temporal absolute disqualification.

11. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, and

12. Public censure.

Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict's sentence shall not be more than three-fold the length of time corresponding to the most severe of the penalties imposed upon him. No other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum period.

Such maximum period shall in no case exceed forty years.

In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be computed at thirty years. (As amended).

Political law question BAR 2013

POLITICAL LAW- BAR EXAM-  FINAL- OCT. 6, 2013
2013 BAR EXAMINATIONS

POLITICAL AND INTERNATIONAL LAW


October 6, 2013 8:00A.M.- 12:00 P.M.

INSTRUCTIONS

1. This Questionnaire contains FIFTEEN (15) pages including these Instructions pages. Check the number of pages and the page numbers at the upper right hand corner of each page of this Questionnaire and make sure it has the correct number of pages and their proper numbers.



There are TWELVE (12) Essay Questions numbered I to XII (with subquestions), and TWENTY (20) Multiple Choice Questions (MCQs) numbered I to XX, to be answered within four (4) hours.

The essay portion contains questions that are worth 80% of the whole examination, while the MCQ portion contains questions worth 20%.




2. Read each question very carefully and. write your answers in your Bar Examination Notebook in the same order the questions are posed.

Write your answers only at the front, not the back, page of every sheet in your Examination Notebook. Note well the allocated percentage points for each number, question, or sub-question. In your answers, use the numbering system in the questionnaire.

If the sheets provided in your Examination Notebook are not sufficient for your answers, use the back pages of every sheet of your Examination Notebook, starting at the back page of the first sheet and the back of the succeeding sheets thereafter.



3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate page. An answer to a sub-question under the same number may be written continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts presented by the question, to select the material from the immaterial facts, and to discern the points upon which the question turns. It should show your knowledge and understanding of the pertinent principles and theories of law involved and their qualifications and limitations. It should demonstrate your ability to apply the law to the given facts, and to reason logically in a lawyer-like manner to a sound conclusion from the given premises.



A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be given any credit. Thus, always briefly but fully explain your answers althou~:h the question does not expressly ask for an explanation. At the same time, remember that a complete explanation does not require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the question in your Examination Notebook.




4. MCQs are to be answered by writing in your Examination Notebook the capital letter (A, B, C, D, or E) corresponding to your chosen answer. The MCQ answers should begin in the page following the last page ofyour essay answers.



There is only one correct answer to every MCQ; choose the BEST answer from among the offered choices. Note that some MCQs may need careful analysis both of the questions and the choices offered.



5. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on your Examination Notebook that can serve as an identifying markls (such as names that are not in the given questions, prayers, or private notes to the Examiner).

Writing, leaving or making any distinguishing or identifying mark in the Examination Notebook is considered cheating and can disqualify you for the Bar examinations.

You can use the questionnaire for notes you may wish/need to write during the examination.



HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE



{},~~
J. ARTURO D. BRION

Chairman

2013 Bar Examinations

POLITICAL LAW- BAR EXAM- FINAL- OCT. 6, 2013 3


ESSAY QUESTIONS

I.

In the last quarter of 2012, about 5,000 container vans of imported goods intended for the Christmas Season were seized by agents of the Bureau of Customs. The imported goods were released only on January 10, 2013. A group of importers got together and filed an action for damages before the Regional Trial Court of Manila against the Department of Finance and the Bureau of Customs.

The Bureau of Customs raised the defense of immunity from suit and, alternatively, that liability should lie with XYZ Corp. which the Bureau had contracted for the lease of ten (1 0) high powered van cranes but delivered only five (5) of these cranes, thus causing the delay in its cargo-handling operations. It appears that the Bureau, despite demand, did not pay XYZ Corp. the Php 1.0 Million deposit and advance rental required under their contract.



(A)  wm the action by the group of importers prosper? (5%)

(B)  Can XYZ Corp. sue the Bureau of Customs to collect rentals for the delivered cranes? (5''/o)


n.

While Congress was in session, the President appointed eight acting Secretaries. A group of Senators from the minority bloc questioned the validity of the appointments in a petition before the Supreme Court on the ground that while Congress is in session, no appointment that requires confirmation by the Commission on Appointments, can be made without the latter's consent, and that an undersecretary should instead be designated as Acting Secretary.



Should the petition be granted? (5%)



III.

A robbery with homicide had taken place and Lito, Badong and Rollie were invited for questioning based on the information furnished by a neighbor that he saw them come out of the victim's house at about the time of the robbery/killing. The police confronted the three with this and other information they had gathered, and pointedly accused them of committing the crime.


Lito initially resisted, but eventually broke down and admitted his participation in the crime. Elated by this break and desirous of securing a written confession soonest, the police called City Attorney Juan Buan to serve as the trio's counsel and to advise them about their rights during the investigation.



Badong and Rollie, weakened in spirit by Lito's early admission, likewise admitted their participation. The trio thus signed a joint extra-judicial confession which served as the main evidence against them at their trial. They were convicted based on their confession.

Should the judgment of conviction be affirmed or reversed on appeal? (5%)




IV.

Congress enacted a law providing for trial by jury for those charged with crimes or offenses punishable by reclusion perpetua or life imprisonment. The law provides for the qualifications of members of the jury, the guidelines for the bar and bench for their selection, the manner a trial by jury shall operate, and the procedures to be followed.

Is the law constitutional? (6%)


v.

As a leading member of the Lapiang Mandirigma in the House of Representatives, you were tasked by the party to initiate the moves to impeach the President because he entered into an executive agreement with the US Ambassador for the use of the former Subic Naval Base by the US Navy, for free, i.e., without need to pay rent nor any kind of fees as a show of goodwill to the U.S. because of the continuing harmonious RP-US relations.



Cite at least two (2) grounds for impeachment and explain why you chose them. (6%)



VI.

Congress passed Republic Act No. 7711 to comply with the United Nations Convention on the Law of the Sea.

In a petition filed with the Supreme Court, Anak Ti !locos, an association of Ilocano professionals, argued that Republic Act No. 7711 discarded the definition of the Philippine tenitory under the Treaty of Paris and in related treaties; excluded the Kalayaan Islands and the Scarborough Shoals from the Philippine Archipelagic baselines; and converted internal waters into archipelagic waters.

Is the petition meritorious?  (6%)


vn.

As he was entering a bar, Arnold - who was holding an unlit cigarette in his right hand - was handed a match box by someone standing near the doorway. Arnold unthinkingly opened the matchbox to light his cigarette and as he did so, a sprinkle of dried leaves fell out, which the guard noticed. The guard immediately frisked Arnold, grabbed the matchbox, and sniffed its contents. After confirming that the matchbox contained marijuana, he immediately arrested Arnold and called in the police.

At the police station, the guard narrated to the police that he personally caught Arnold in possession of dried marijuana leaves. Arnold did not contest the guard's statement; he steadfastly remained silent and refused to give any written statement. Later in court, the guard testified and narrated the statements he gave the police over Arnold's counsel's objections. While Arnold presented his own witnesses to prove that his possession and apprehension had been set-up, he himself did not testifY.

The court convicted Arnold, relying largely on his admission of the charge by silence at the police investigation and during trial.

From the constitutional law perspective, was the court correct in its ruling? (6%)



VIII.

Bobby, an incoming third year college student, was denied admission by his university, a premiere educational institution in Manila, after he failed in three (3) major subjects in his sophomore year. The denial of admission was based on the university's rules and admission policies.

Unable to cope with the depression that his non-admission triggered, Bobby committed suicide. His family sued the school for damages, citing the school's grossly unreasonable rules that resulted in the denial of admission. They argued that these rules violated Bobby's human rights and the priority consideration that the Constitution gives to the education of the youth.



You are counsel for the university. Explain your arguments in support of the university's case. (6%)




IX.

Conrad is widely known in the neighborhood as a drug addict. He is also suspected of being a member of the notorious "Akyat-Condo Gang" that has previously broken into and looted condominium units in the area.

Retired Army Colonel Sangre - who is known as an anti-terrorism fighter who disdained human and constitutional rights and has been nicknamed "terror of Mindanao" - is now the Head of Security of Capricorn Land Corporation, the owner and developer of Sagittarius Estates where a series of robberies has recently taken place.

On March l, 2013, Conrad informed his mother, Vannie, that uniformed security guards had invited him for a talk in their office but he refused to come. Later that day, however, Conrad appeared to have relented; he was seen walking into the security office flanked by two security guards. Nobody saw him leave the office afterwards.

Conrad did not go home that night and was never seen again. The following week and after a week-long search, Vannie feared the worst because of Col. Sangre's reputation. She thus reported Conrad's disappearance to the police. When nothing concrete resulted from the police investigation, Vannie - at the advice of counsel - f1led a petition for a writ of amparo to compel Col. Sangre and the Sagittarius Security Office to produce Conrad and to hold them liable and responsible for Conrad's disappearance.



(A)  Did Vannie's counsel give the correct legal advice? (6%)

(B)  If the petition would prosper, can Col. Sangre be held liable and/or responsible for Conrad's disappearance? (6%)



X.

The Ambassador of the Republic of Kafiristan referred to you for handling, the case of the Embassy's Maintenance Agreement with CBM, a private domestic company engaged in maintenance work. The Agreement binds CBM, for a defined fee, to maintain the Embassy's elevators, air-conditioning units and electrical facilities. Section I 0 of the Agreement provides that the Agreement shall be governed by Philippine laws and that any legal action shall be brought before the proper court of Makati. Kafiristan terminated the Agreement because CBM aliegedly did not comply with their agreed maintenance standards.


CBM contested the tennination and filed a complaint against Kafiristan before the Regional Trial Court of Makati. The Ambassador wants you to file a motion to dismiss on the ground of state immunity from suit and to oppose the position that under Section 10 of the Agreement, Kafiristan expressly waives its immunity from suit.

Under these facts, can the Embassy successfully invoke immunity from suit? (6%)

XI.

In her interview before tht~ Judicial and Bar Council (JBC), Commissioner Annie Amorsolo of the National Labor Relations Commission claims that she should be given credit for judicial service because as NLRC Commissioner, she has the rank of a Justice of the Court of Appeals; she adjudicates cases that are appealable to the Court of Appeals; she is assigned car plate No. 10; and she is, by law, entitled to the rank, benefits and privileges of a Court of Appeals Justice.

If you are a member of the JBC, would you give credit to this explanation? (6%)

xn.

In the May 2013 elections, the Allied Workers' Group of the Philippines (A WGP), representing land-based and sea-based workers in the Philippines and overseas, won in the party list congressional elections. Atty. Abling, a labor lawyer, is its nominee.

As part of the party's advocacy and services, Congressman Abling engages in labor counseling, particularly for local workers with claims against their employers and for those who need representation in collective bargaining negotiations with employers. When labor cases arise, A WGP enters its appearance in representation of the workers and the Congressman makes it a point to be there to accompany the workers, although a retained counsel also formally enters his appearance and is invariably there. Congressman Abling largely takes a passive role in the proceedings although he occasionally speaks to supplement the retained counsel's statements. It is otherwise in CBA negotiations where he actively participates.

Management lawyers, feeling that a congressman should not actively participate in cases before labor tribunals and before employers because of the influence a congressman can wield, filed a disbarment case against the Congressman before the Supreme Court for his violation of the Code of Professional Responsibility and for breach of trust, in relation particularly with the prohibitions on legislators under the Constitution.

Is the cited ground for disbarment meritorious?  (6%)





MULTIPLE CHOICE QUESTIONS



I.  The equal protection clause is violated by ____. (1%)

(A)  a law prohibiting motorcycles from plying on limited access highways.

(B)  a law granting Value Added Tax exemption to electric cooperatives that sells electricity to the "homeless poor."

(C)  a law providing that a policeman shall be preventively suspended until the termination of a criminal case against him.

(D)  a law providing higher salaries to teachers in public schools who are "foreign hires."

(E)  a law that grants rights to local Filipino workers but denies the same rights to overseas Filipino workers.



H. Offended by the President's remarks that the Bureau of Customs is a pit of misfits and the corrupt, the Bureau of Customs Employees Association composed of 3,000 workers seeks your legal advice on how best to protest what it views to be the President's baseless remarks.

A  prudent legal advice is that --- · -- · ( 1%)

(A)  employees can go on mass leave of absence for one week

(B)  employees can march and rally at Mendiola every Monday

(C)  employees can barricade the gates of the Port of Manila at South Harbor and call for the resignation of the incumbent Commissioner of Customs

(D)  employees can wear black arm bands and pins with the word "UNFAIR" inscribed
(E)  None of the above can legally be done.



HI. Congress enacted Republic Act No. 1234 requiring all candidates for public offices to post an election bond equivalent to the one (I) year salary for the position for which they are candidates. The bond shall be forfeited if the candidates fail to obtain at least 10% of the votes cast.

Is Republic Act No. 1234 valid? (1 %)

POLITICAL LAW- BAR EXAM-  FINAL- OCT. 6, 2013 9


(A)  It is valid as the bond is a means of ensuring fair, honest, peaceful and orderly elections.

(B)  It is valid as the bond requirement ensures that only candidates with sufficient means and who cannot be corrupted, can run for public office.

(C)  It is invalid as the requirement effectively imposes a property qualification to run for public office.

(D)  It is invalid as the amount of the surety bond is excessive and unconscionable.

(E)  It is valid because it is a reasonable requirement; the Constitution itself expressly supports the accountability of public officers.



IV. What is the legal effect of decisions of the International Court of Justice in cases submitted to it for resolution? (1 %)

(A)  The decision is binding on other countries in similar situations.

(B)  The decision is not binding on any country, even the countries that are parties to the case.

(C)  The decision is binding only on the parties but only with respect to that particular case.

(D)  The decision is not binding on the parties and is only advisory.

(E)  The binding effect on the parties depends on their submission agreement.



V.  Under  the  UN  Convention  on  the  Law  of the  Sea,  the  exclusive

economic zone refers to an area . (l %)

(A)  that is at least 100 miles from the baselines from which the outer limit of the territorial sea is measured

(B)  that is at least 200 miles but not to exceed 300 miles from the

 baselines from which the outer limit of the territorial sea is measured

(C)  beyond and adjacent to a country's territorial sea which cannot go beyond 200 nautical miles from the baselines from which the outer limit of the territorial sea is measured

(D)  that can go beyond 3 nautical miles but cannot extend 300 nautical miles from the baselines from which the outer limit of the territorial sea is measured
(E)  None of the above.



VI. A  child born under either the  1973  or the  1987 Constitution,  whose
father or mother is a Filipino citizen at the time of his birth, is -----
(1%)


(A)  not a Filipino citizen as his father and mother must both be Filipino citizens at the time of his birth

(B)  not a Filipino citizen if his mother is a Filipino citizen but his father is not, at the time of his birth

(C)  a Filipino citizen no matter where he or she may be born

(D)  a Filipino citizen provided the child is born in the Philippines

(E)  a Filipino citizen if he or she so elects upon reaching the age of

 21

VII.  Who has control of the expenditure of public funds?  (I%)

(A)  The Office of the President through the Department of Budget and Management.

(B)  The House of Representatives from where all appropriation bills emanate.

(C)  The Senate through its Committee on Finance.

(D)  The Congress of the Republic ofthe Philippines.

(E)  Both the members of Congress and the President acting jointly, if so provided by the General Appropriations Act.

VIII. May the power of cities to raise revenues be limited by an executive order of the President? ( 1%)

(A)  Yes, because local government units are under the administrative control of the President through the Department of Interior and Local Government.

(B)  No, because local government units now enjoy full local fiscal autonomy.

(C)  No, because only limitations established by Congress can define and limit the powers of local governments.

(D)  Yes, because the President has the power and authority to impose reasonable restrictions on the power of cities to raise revenues.
(E)  Yes, if so provided in a city's charter.



IX. The provision under the Constitution - that any member who took no part, dissented, or inhibited from a decision or resolution must state the

reason for his dissent or non-participation- applies . .  (1 %)

(A)  only to the Supreme Court

(B)  to both the Supreme Court and the Court of Appeals

(C)  to the Supreme Court, Court of Appeals and the Sandiganbayan

(D)  to the Supreme Court, the Court of Appeals, the Sandiganbayan and the Court of Tax Appeals

(E)  to all collegial judicial and quasi-judicial adjudicatory bodies







X. Choose the least accurate statement about the independence guaranteed by the 1987 Constitution to the following constitutional bodies: (1%)



(A)  The  Constitution  guarantees  the  COMELEC  decisional  and

institutional independence similar to that granted to the Judiciary.

(B)  All bodies labeled as "independent" by the Constitution enjoy fiscal autonomy as an attribute of their independence.

(C)  Not all bodies labeled as "independent" by the Constitution were intended to be independent from the Executive branch of government.

(D)  The Constitution guarantees various degrees of independence from the other branches of government when it labels bodies as "independent".

(E)  The COMELEC, the COA, and the CSC enjoy the same degree of indepenc:!ence.



XI. At the Senate impeachment trial of Justice Pablo P. San Quintin, Hon. Emilio A. Tan, Congressman and Impeachment Panel Manager, wrote the Supreme Court requesting that the prosecutors be allowed to examine the court records of Stewards Association of the Philippines, Inc. (SAP!) v. Filipinas Air, et al., G.R. No. 987654, a case that is still pending. The High Court . (1%)



(Af may grant the request by reason of inter-departmental courtesy

(B)  may grant the request as the records of the Filipinas Air case are ·public records

(C)  should deny the request since records of cases that are pending for decision are privileged except only for pleadings, orders and resolutions that are available to the public

(D)  should deny the request because it violates the Court's independence and the doctrine of separation of powers

(E)  should grant the request because of the sui generis nature of the power of impeachment, provided that the Bill of Rights is not violated



XII. Mr. Sinco sued the government for damages. After trial, the court ruled in his favor and awarded damages amounting to P50 million against the government. To satisfY the judgment against the government, which valid option is available to Mr. Sinco? ( 1%)



(A)  Garnish the government funds deposited at the Land Bank.

(B)  File a claim with the Commission on Audit (COA) pursuant to Commonwealth Act 327, as amended by Presidential Decree 1445.

(C)  Make representations with the Congress to appropriate the amount to satisfy the judgment.

(D)  File a petition for mandamus in court to compel Congress to appropriate P50 million to satisfy the judgment.

(E)  Proceed to execute the judgment as provided by the Rules of Court because the State allowed itself to be sued.



XHI. Which of the following provisions of the Constitution does not confer rights that can be enforced in the courts but only provides guidelines for legislative or executive action? ( l%)

(A)  The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

(B)  The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

(C)  The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.
(D)  The  right  of the  people  to  information  on  matters. of public

 concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions,

 or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

(E)  All the above only provide guidelines and are not self-executing.



XIV. The President entered into an executive agreement with Vietnam for the supply to the Philippines of animal feeds not to exceed 40,000 tons in any one year. The Association of Animal Feed Sellers of the Philippines questioned the executive agreement for being contrary to R.A. 462 which prohibits the importation of animal feeds from Asian countries.

Is the challenge correct? (1%)




(A)  Yes, the executive agreement is contrary to an existing domestic law.

(B)  No, the President is solely in charge of foreign relations and all his actions in this role form part of the law of the land.

(C)  No, international agreements are sui generis and stand independently of our domestic laws.

(D)  Yes, the executive agreement is actually a treaty which does not take effect without ratification by the Senate.

(E)  Yes, the challenge is correct because there is no law empowering the President to undertake the importation.



XV. The  separation  of Church  and  State  1s  most  clearly  violated  when

------- ·(1 %)

(A)  the State funds a road project whose effect is to make a church more accessible to its adherents

(B)  the State declares the birthplace of a founder of a religious sect as a national historical site

(C)  the State expropriates church property in order to construct an expressway that, among others, provides easy access to the Church's main cathedral

(D)  the State gives vehicles to bishops to assist them in church-related charitable projects

(E)  the State allows prayers in schools for minor children without securing the prior consent of their parents



XVI. Patricio was elected member of the House of Representative in the May 2010 Elections. His opponent Jose questioned Patricio's victory before the House of Representatives Electoral Tribunal and later with the Supreme Court.



In a decision promulgated in November 2011, the Court ruled in Jose's favor; thus, Patricio was ousted from his seat in Congress. Within a year from that decision, the President can appoint Patricio _____

(1%)

(A)  only as a member of the board of directors of any government owned and controlled corporation

(B)  only as a deputy Ombudsman

(C)  only as a Commissioner of the Civil Service Commission

(D)  only as Chairman of the Commission on Elections

(E)  to any position as no prohibition applies to Patricio




XVII. Senator GSC proposed a bill increasing excise taxes on tobacco and alcohol products. The generated incremental revenues shall be used for the universal health care program for all Filipinos and for tobacco farmers' livelihood. After the Senate passed the bill on third reading, it was transmitted to the House of Representatives which approved the bill in toto. The President eventually signed it into law. Atty. JFC filed a petition before the Supreme Court, questioning the constitutionality of the new law.

Is the law constitutional?  ( 1%)

(A)  The law is constitutional because it is for a public purpose and has duly satisfied the three-readings-on-separate-days rule in both Houses.

(B)  The law is unconstitutional because it violates the equal protection clause of the Constitution; it is limited only to alcohol and liquor products.

(C)  It is constitutional because of the Enrolled Bill Theory.

(D)  It is constitutional because it is valid in form and substance and complied with the required lawmaking procedures.

(E)  None of the above is CO!Tect.




XVIII. Which of the following statements is correct? (I%)

(A)  The President, with the concurrence of the Monetary Board, can guarantee a foreign loan on behalf of the Republic of the Philippines.

(B)  Congress may, by law, provide limitations on the President's power to contract or guarantee foreign loans on behalf of the Republic of the Philippines.

(C)  In order to be valid and effective, treaties and executive agreements must be concurred in by at least two-thirds of all the Members of the Senate.

(D)  The President shall, at the end of every quarter of the calendar year, submit to Congress a complete report of the loans contracted or guaranteed by the Government or government-owned and controlled corporations.

(E)  All the above choices are defective in some respects.





XIX. Candida has been administratively charged of immorality for openly living with Manuel, a married man. Candida argues that her conjugal arrangement with Manuel fully conforms with their religious beliefs and with the teachings of their church.




In resolving whether Candida should be administratively penalized, which is the best test to apply? ( 1%)

(A)  Clear and Present Danger Test

(B)  Compelling State Interest Test

(C)  Balancing ofinterests Test

(D)  Conscientious Objector Test

(E)  Dangerous Tendency Test



 XX. Rafael questioned the qualifications of Carlos as congressman of the Third District of Manila on the ground that Carlos is a citizen of the USA. The decision disqualifying Carlos for being a US citizen came only in March 2010, i.e., after the adjournment of the session of Congress on the 3'd year of the position's three-year term.

What  was  Carlos'  status  during  his  incumbency  as  congressman?

(1%)

(A)  He was a de jure officer, having been duly elected and proclaimed.

(B)  He was not a public officer because he effectively was not entitled to be a congressman.

(C)  He was a de jure officer since he completed the service of his term before he was disqualified.

(D)  He was a de facto officer since he had served and was only disqualified later.

(E)  He neither possesses de jure nor de facto status as such determination is pointless.

LEGAL HD