2012 Bar Examination Questions and Suggested Answers On Political Law

2012 Bar Examination – Political Law – MCQ (SEBASTIAN) No . 1

Question

Suggested Answer (UP COMPLEX)

Topic

Co Cons nsti titu tuttion ion is is def defin ined ed by Cool Cooley ey as:

(b) (b) Coo Cooley, ley, Co Cons nsti titu tuti tion onal al Limit imita atio tions ns,, p.4 p.4

CO CONS NSTI TITU TUTI TION ONAL AL LAW AW;; Constitution defined (2012)

(a) Nachura, Nachura, O Outline utline Reviewe Reviewerr in Pol Political itical L Law, aw, p.3

CONSTI CONSTITUTION TUTIONAL AL LAW; Part Partss of  the Constitution (2012)

(c (c)) Sectio ction n 32, Article cle VI of Co Con nstitut io ion

LEGISLA SLATIV IVE E DEPARTMENT;  AMENDMENTS AND REVISIONS

a. a bod body y of stat statutory utory,, adm administr inistrative ative and political provisions by which the three  branches of government are defined;  b. a body of rules and maxims in accordance  with which the powers of sovereignty are habitually exercised; c. a body o off rule ruless and ed edicts icts eeman manati ating ng fro from m the rulings of courts and written guidelines of the executive and the legislature by  which government is governed;

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d. a bod body y of interp interpretat retations ions and rrules ules by  which the three branches of government are judged for purposes of sovereign compliance with good corporate governance. Th Thee thr three ee essen essenti tial al pa part rtss of of a Co Cons nsti titu tuti tion on are: are: a. the bi bill ll of rrigh ights, ts, g gove overnm rnment ental al organization and functions, and method of

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amendment;  b. the preamble, the bill of rights, and provisions on checks and balances; c. the n nation ational al territ territory, ory, the declar declaration ation of principles and state policies, and the transitory provisions; d. the ex executiv ecutivee depa department rtment,, the legisl legislative ative department and the judiciary. Th Thee con const stit itut utio iona nall pro provi visio sion n on on ini initi tiat ative ive and and referendum is not self-executory. This is so  because it requires: a. an imp implem lementi enting ng res resolu olutio tion n from th thee

(2012)

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COMELEC;  b. an implementing resolution from the Supreme Court; c. an imp implem lementi enting ng leg legisl islati ation; on; d. an im implemen plementing ting rresolu esolution tion from the p partyartylist representative of the House of Representatives. In a an na ame mend ndme ment nt to the the ccon onst stit itut utio ion n by by ""in init itia iati tive ve (c (c)) Se Sectio ction n 2, Art Article XV XVII o off Co Consti stitution and referendum", the "initiative" phase is meant that the people propose the amendments. There is a valid proposal when a proposition has received the approval of:

CONSTITUTIONAL LAW;  AMENDMENTS AND REVISIONS (2012)

a. at lea least st 3% of the perso persons ns of m majori ajority ty ag agee of  each district, and 12% of the registered  voters of the region from proposal emanates;  b. at least 3% of the registered voters of each province and 12% of the total number of registered voters nationwide; c. at least least 3% o off the regist registered ered voter voterss of each district and 12% of the total number of registered voters nationwide; d. more tthan han 3% of the 3% of the re register gistered ed  voters of each district but less than 12% of the total number of registered voters 5

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nationwide. Th Thee C Con onst stit itut utio ion n decl declar ares es that that the the Phili Philipp ppin ines es is a republican state. Republicanism means: a. the fform orm of g gove overnm rnment ent must be presidential;  b. the representatives of the government are elected by the people; c. sov sovere ereign ignty ty re resid sides es in th thee elec elected ted representatives of the government; d. the fo form rm of gover government nment cannot be cha changed nged  by the people. A chief charac characterist teristic ic of the presid presidential ential form of

(b) Cruz Cruz,, Phi Philip lippin pinee Po Polit litica icall La Law, w, 2 2005 005 eed., d., p.50 p.50

CON CONSTI STITUT TUTION IONAL AL L LAW; AW; PRINCIPLES AND STATE POLICIES (2012)

(b) Free Teleph Telephone one Worker Workerss Union vs. Minist Minister er of

CONSTI CONSTITUTION TUTIONAL AL LAW;

Labor and Employment, 108 SCRA 757; and (c) Section 4, Article VII of Constitution. It is a. concent concentratio ration n of power in th thee jud judiciary iciary thru suggested that either (b) or (c) may be accepted as a correct answer. the power of expanded judicial review;  b. supremacy of the presidency compared to the totality of powers of the legislative; c. regula regularr peri periodi odicc elect election ion of the Pr Presi esident dent for a fixed term; d. unlimit unlimited ed ter term m for tthe he Pres President ident for a ass long as elected by the people in free and honest elections. (b (b)) Section 19, Articl icle VII of Co Con nstitu itution ion Wh Whic ich h of tthe he ffol ollo lowi wing ng b bes estt exe exemp mpli lifi fies es h how ow tthe he system of checks and balances is carried out: government is:

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PRINCIPLES AND STATE POLICIES; EXECUTIVE DEPARTMENT (2012)

CONSTITUTIONAL LAW; PRINCIPLES AND STATE POLICIES (2012)

a. the le legislat gislature ure p passes asses a la law w tha thatt pro prohibits hibits the president from commuting a judiciary

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imposed sentence, as a check of the president;  b. the President pardons a convict as a way to set aside or modify a judgment of the  judiciary; c. the ju judiciar diciary y ove overturn rturnss a pardo pardon n gra granted nted by  the President as a check on executions; d. the Pr Presiden esidentt pa pardons rdons an a accused ccused after arraignment in the interest of justice. Whi Which ch ph phra rase se best best comp comple lete tess the the st stat ateme ement nt – T The he (c) Cruz Cruz,, Ph Phili ilippi ppine ne P Poli olitic tical al L Law, aw, 2005 ed., ed., p.70 p.70 starting point of the principle of separation s eparation of powers is the assumption of the division of the functions of government into three distinct classes: a. the bil billl of rrights, ights, stat statee polic policies, ies, a and nd soc social ial  justice and human rights;  b. the accountability of public officers, the constitutional commissions, and the national economy and patrimony; c. the self-ex self-executin ecuting gp provis rovisions, ions, the non-se non-selflfexecuting provisions, and the self-evident social justice provisions; d. the eexecuti xecutive, ve, tthe he le legislat gislative, ive, and the

CON CONSTI STITUT TUTION IONAL AL L LAW; AW; PRINCIPLES AND STATE POLICIES (2012)

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 judicial. Th Thee Co Cons nsti titu tuti tion on pr prov ovide idess ttha hatt tthe he "sep "separ arat atio ion n of of church and state shall be inviolable." This is implemented most by the constitutional principles embodied in: a. the free free exer exercise cise clause clause;;  b. the non-establishment clause; c. the fr freed eedom om of rreli eligio gious us bel belief ief cl claus ause; e; d. the fr freed eedom om of rreli eligio gion n cla clause use.. Whic Which h one one of the fol follow lowing ing is a n nonon-sel self-ex f-execut ecuting ing provision of the Constitution: a. no la law w sha shall ll be p pass assed ed ab abrid ridgin ging g the freedom of speech;  b. no law shall be made respecting an establishment of religion; c. no pe perso rson n sha shall ll be he held ld to a answ nswer er fo forr a criminal offense without due process of law; d. the st state ate sshall hall encour encourage age a and nd su support pport researches and studies on the arts and culture. Basi Basicc Ph Phil ilip ippi pine ne llaw aw,, in re resp spec ectt of the the mo mode dess of acquiring citizenship, follows the rule(s) of: a. jus sol solii an and d ju juss sa sangu nguini inis; s;  b. naturalization and provides for jus soli; c. jus ssang anguin uinis is and and p prov rovides ides for naturalization; d. none none of tthe he a abo bove ve.. Dual Dual alle allegi gian ance ce by ci citi tize zen n is: is: a. inim inimica icall to the nat nationa ionall inte interes restt and is therefore proscribed by law;  b. inimical to the national interest and is therefore prescribed by law; c. inim inimica icall to the na natio tional nal in inter terest est a and nd therefore shall be dealt with by law;

(b) Section 5, Article III of Constitution

CONSTITUTIONAL LAW; PRINCIPLES AND STATE POLICIES (2012)

(d (d)) S Sec ecttion 15 15, Ar Article cle XIV XIV of C Co onsti stitution

CONSTITUTIONAL L LA AW; NATURE OF THE CONSTITUTION (2012)

(c) Se Section 1, 1, Ar Article IV IV of C Co onstitution

CITIZENSHIP; Mo Modes of of  Acquiring Citizenship (2012)

(c) Se Section 5 5,, Ar Article IV IV o off Co Constitution

CITIZENSHIP; Du Dual C Ciitizenship (2012)

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d. inimica inimicall to the n nationa ationall int interest erest and is therefore outside of coverage of law. Marg Margar arit ita a wa wass bo born rn iin n 19 1986 86 tto oaF Fil ilipi ipino no m mot othe herr and Swedish father. She has been living and continues to live in the US for the last 20 years and has also been naturalized as a US citizen. She

(a (a)) M Mac acal alin inta tall v vs. s. COME COMELE LEC, C, 40 405 5S SCR CRA A6 614 14

CITI CITIZE ZENS NSHI HIP; P; Du Dual al Citi Citize zens nshi hip p (2012)

(b) (b) Uni Unite ted d Sat Sates es vs vs.. Ang Ang Tan ang g Ho Ho, 43 43 P Phi hil. l. 1

LE LEGI GISL SLAT ATIV IVE E DEP DEPAR ARTM TMEN ENT T (2012)

recently Philippine citizenship RA 9225,reacquired the Citizenship Retention and under Reacquisition Act of 2003. Can Margarita vote in the next national elections? a. Yes Yes.. Dual ci citiz tizens ens who a are re not re reside sidents nts may register under the Overseas Absentee  Voting Law.  b. Yes. Margarita is a Filipino citizen and thus may enjoy the right to suffrage like

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everyone else without registering as an overseas absentee voter. c. No. M Marg argari arita ta fa fails ils tthe he re reside sidency ncy requirement under Section 1, Article V of the Constitution for Filipinos. d. No. D Dual ual citizen citizenss upo upon n ren renunciat unciation ion o off their Filipino citizenship and acquisition of foreign citizenship, have practically and legally abandoned their domicile and severed their legal ties to their homeland as a consequence. Ident Identify ify whi which ch o one ne iiss an iinv nval alid id eexe xerc rcis isee of tthe he legislative power: a. legisla legislation tion by lo local cal g governm overnment ent o on n pur purely ely local matters;  b. law granting an administrative agency the power to define policy and fix standards on price control; c. law au autho thoriz rizing ing the the Pres Preside ident, nt, in ttimes imes o off  war or other national emergency, for a limited period, subject to prescribed