2012 LABOR LAW

1. The workers worked as cargadores at the warehouse and

ricemills of farm A for several years. As cargadores, they
loaded, unloaded and pilled sacks of rice from the
warehouse to the cargo trucks for delivery to different
places. They were paid by Farm A on a piece-rate basis.
Are the workers considered regular employees?
a. es, because Farm A paid wages directly to these
workers without the intervention of any third
party independent contractor!
b. es, their work is directly related, necessary and
vital to the operations of the farm!
c. "o, because Farm A did not have the power to
control the workers with respect to the means and
methods by which the work is to be
accomplished!
d. A and #.
$. The following are e%cluded from the coverage of #ook &&&
of the 'abor (ode of the )hilippines *(onditions of
employment+ e%cept,
a. Field personnel!
b. -upervisors!
c. .anagers!
d. /mployees of government-owned and controlled
corporations.
0. 1ork may be performed beyond eight *2+ hours a day
provided that,
a. /mployee is paid for overtime work an additional
compensation e3uivalent to his regular wage plus
at least $45 thereof!
b. /mployee is paid for overtime work an additional
compensation e3uivalent to his regular wage plus
at least 065 thereof!
c. /mployee is paid for overtime work an additional
compensation e3uivalent to his regular wage plus
at least $65 thereof!
d. "one of the above.
7. .ay the employer and employee stipulate that the latter8s
regular or basic salary already includes the overtime pay,
such that when the employee actually works overtime he
cannot claim overtime pay?
a. es, provided there is a clear written agreement
knowingly and freely entered into by the
employees!
b. es, provided the mathematical result shows that
the agreed legal wage rate and the overtime pay,
computed separately, are e3ual to or higher than
the separate amounts legally due!
c. "o, the employer and employee cannot stipulate
includes the overtime pay!
d. A and #.
4. The following are instances where an employer can re3uire
an employee to work overtime, except:
a. &n case of actual or impending emergencies
caused by serious accident, fire, flood, typhoon,
earth3uake, epidemic or other disaster or calamity
to prevent loss of life and property, or imminent
danger to public safety!
b. 1hen the country is at war or when other national
or local emergency has been declared by the
national assembly or the chief e%ecutive!
c. 1hen there is urgent work to be performed on
machines, installations, or e3uipment or some
other cause of similar nature!
d. 1here the completion or contribution of the work
started before the eight hour is necessary to
prevent serious obstruction or pre9udice to the
business or operations of the employer.
:. ; owns and operates a carinderia. <is regular employees
are his wife, his two *$+ children, the family maid, a cook,
two *$+ waiters, a dishwasher and a 9anitor. The family
driver occasionally works for him during store hours to
make deliveries. =n April 6>, the dishwasher did not report
for work. The employer did not give his pay for that day. &s
the employer correct?
a. "o, because employees have a right to receive
their regular daily wage during regular holidays!
b. es, because April 6> is not regular holidays!
c. es, because of the principle of ?a fair day8s wage
for a fair day8s work?!
d. es, because he employs less than ten *16+
employees.
@. For misconduct or improper behavior to be 9ust cause for
dismissal, the following guidelines must be met,except:
a. &t must be serious!
b. &t must relate to the performance of the
employee8s duties!
c. &t should not be used as a subterfuge for causes
which are improper, illegal or un9ustified!
d. &t must show that the employee has become unfit
to continue working for the employer.
2. The (ompany lawyer sent a memo to the employee
informing him of the specific charges against him and
giving him an opportunity to e%plain his side. &n a
subse3uent letter, the employee was informed that, on the
basis of the results of the investigation conducted, his
written e%planation, the written e%planation of other
employees as well as the audit report, the management has
decided to terminate his employment. The employee
contended that his termination was illegal for lack of
procedural due process. &s the employee8s contention
correct?
a. "o, the employee8s written e%planation and
written e%planation of the other employees were
sufficient basis for the employer to terminate his
employment!
b. es, because the employer did not abide by the
two-notice rule!
c. es, because he was not properly afforded the
chance to e%plain his side in a conference!
d. "o, because the written notice of the cause of
dismissal afforded him ample opportunity to be
heard and defend himself, and the written notice
of the decision to terminate him which states the
reasons therefor, complies with the two-notice
rule.
>. The -upreme (ourt categorically declared that separation
pay shall be allowed as a measure of social 9ustice only in
those instances where the employee is validly dismissed
for cause other than,
a. -erious .isconduct!
b. Aross and habitual neglect of duties!
c. 1illful disobedience to lawful orders!
d. Fraud or willful breach of trust.
16. B is a legitimate contractor hired by A for si% *:+ months.
=n the third month, A remitted to B the salaries and wages
of the employees. <owever, B absconded with the money
leaving the employees unpaid. The disgruntled employees
demanded from A the payment of their salaries. &s A
liable?
a. "o, because A has already remitted the
employees8 salaries to B, validly e%cusing A from
liablity!
b. es, because he is 9ointly and solidarily liable for
whatever monetary claims the employees may
have against B!
c. es, because of the principle of ?a fair day8s wage
for a fair day8s work?!
d. # and (.
11. (orporation C is owned by '8s family. ' is the )resident.
., '8s wife, occasionally gives loans to employees of
(orporation C. &t was customary that loan payment were
paid to . by directly deducting from the employee8s
monthly salary. &s this practice of directly deducting
payments of debts from the employee8s wages allowed?
a. es, because where the employee is indebted to
the employer, it is sanctioned by the law on
compensation under Article 1@6: of the (ivil
(ode!
b. es, because it has already become customary
such that no e%press authoriDation is re3uired!
c. "o, because an employee8s payment of obligation
to a third person is deductible from the
employee8s wages if the deduction is authoriDed in
writing!
d. "o, because Article 11: of the 'abor (ode
absolutely prohibits the withholding of wages and
kickbacks. Article 11: provides for no e%ception.
1$. Enion C staged a strike in front of (ompany # because of
A (#A deadlock. Furing the strike, (ompany # hired
replacement workers. Epon resuming their employment,
the strikers found that (ompany # hired replacement
workers in their place. &s (ompany # obliged to reinstate
the returning workers?
a. "o, because the strike caused work stoppage!
b. "o, because it is a valid e%ercise of management
prerogative!
c. es, because workers who go on strike do not lose
their employment status!
d. es, because workers are entitled to such retention
every time during a valid strike.
10. 1hich of the following is not a valid reason for a strike?
a. There is a bargaining deadlock!
b. There is a prevailing intra-union dispute!
c. The company engaged in unfair labor practice!
d. Theirs is a flagrant violation of (#A8s economic
provisions.
17. &ya, 14 years old, signed up to model a clothing brand. -he
worked from >am to 7pm on weekdays and 1pm to :pm on
-aturdays for two *$+ weeks. -he was issued a child
working permit under GA >$01. 1hich of the following
statements is the most accurate?
a. 1orking permit for &ya8s employment is not
re3uired because the 9ob is not haDardous!
b. <er work period e%ceeds the re3uired working
hours for children aged 14 years old!
c. To re3uire a 14-year old to work without
obtaining the re3uisite working permit is a form
of child labor!
d. &ya, who was engaged in a work that is not child
labor, is a working child.
14. Ender employee8s compensation, the so-called ?Theory of
&ncreased Gisks? is relevant when,
a. There is a need to categoriDe a disability as
permanent and total!
b. &t is not clear as to how an in9ury was sustained!
c. The ailment or sickness is not classified as an
occupational disease!
d. There is a prima facie finding that the employee
had willful intention to hurt himself.
1:. 1hich of the frollowing in9uriesHdeath is not compensable?
a. &n9uries sustained by a technician while at a field
trip initiated by the Enion and sponsored by the
(ompany!
b. &n9uries received by a 9ani tor at a Enion election
meeting!
c. Feath of a bank teller because of a bank robbery!
d. Feath of a professor who was hit by a van on his
way home from work.
1@. The provisions of the 'abor (ode on the 1orking
(onditions and Gest )eriods of employees are inapplicable
to the following employees, e%cept ,
a. A supervisor in a fast food chain!
b. A family driver!
c. A laborer without any fi%ed salary, but receving a
compensation depending upon the result of his
work!
d. A contractual employee.
12. #ugay, an employee with only si% *:+ months of service,
was dismissed due to redundancy. <e is, under Art. $20 of
the 'abor (ode, entitled to a separation pay of,
a. =ne *1+ month pay!
b. =ne *1+ year pay, Art. $20 of the 'abor (ode
being e%plicit that ?a fraction of at least si% *:+
months shall be considered one * 1+ whole year?!
c. -i% *:+ months pay!
d. =ne *1+ year and si% *:+ months pay, as Art. 7 of
the 'abor (ode mandates that ?*a+ll doubts in the
implementation and interpretation of this (ode
%%% shall be resolved in favor of labor?.
1>. The power to suspend or cancel a license to recruit
employees is vested on,
a. The -ecretary of 'abor and /mployment!
b. The )=/AAdministrator!
c. A and # Iconcurrently!
d. "either of them.
$6. The -tate shall allow the deployment of overseas Filipino
workers only in countries where the rights of Filipino
migrant workers are protected. 1hich of the following is
not a guarantee, on the part of the receiving country, for the
protection of the rights of =F1Is?
a. &t has e%isting labor and social laws protecting the
rights of migrant workers!
b. &t promotes and facilitates re-integration of
migrants into the national mainstream!
c. &t is a signatory to andHor ratifier of multilateral
conventions, declarations or resolutions relating to
the protection of migrant workers!
d. &t has concluded a bilateral agreement or
arrangement with the government on the
protection of the rights of overseas Filipino
workers.
$1. 1hich is not a procedural re3uirement for the correction of
wage distortion in an unorganiDed establishment?
a. #oth employer and employee will attempt to
correct the distortion!
b. -ettlement of the dispute through "ational
(onciliation and .ediation #oard *"(.#+!
c. -ettlement of the dispute through voluntary
arbitration in case of failure to resolve dispute
through (#A dispute mechanism!
d. A and #.
$$. &n what situation is an employer permitted to employ a
minor?
a. 1:-year old child actor as a cast member in soap
opera working 2 hours a day, : days a week!
b. A 1@-year old in deep sea-fishing!
c. A 1@ -year old construction worker!
d. A 1@-year old assistant cook in a family
restaurant.
$0. The most important factor in determining the e%istence of
an employer-employee relationship is the,
a. )ower to control the method by which employees
are hired and selected!
b. )ower to control the manner by which employees
are transferred from one 9ob site to another!
c. )ower to control the results achieved by giving
guidelines to the employees!
d. )ower to control the results to be achieved and the
employeeIs method of achieving the task.
$7. A neighborIs gardener comes to you and asks for help
because his employer withheld his salary for two *$+
months amounting to )7,666.66. 1here will you advise
him to file his complaint?
a. 'abor Arbiter!
b. F='/ Gegional Firector!
c. (onciliatorH.ediator!
d. .T( Judge.
$4. 1hat is the nature of the liabilities of the local recruitment
agency and its foreign principal?
a. The local agency is 9ointly liable with the foreign
principal! severance of relations between the local
agent and the foreign principal dissolves the
liability of the local agent recruiter!
b. 'ocal agency is solidarily liable with the foreign
principal! severance of relations between the local
agent and the foreign principal dissolves the
liability of the foreign principal. only!
c. 'ocal agency is solidarily liable with the foreign
principal! severance of relations between the local
agent and foreign principal does not affect the
liability of the foreign principal!
d. 'ocal agency is 9ointly liable with the foreign
principal! severance of the relations between the
local agent and the foreign principal does not
affect the liability of the local recruiter.
$:. 1hich phrase is the most accurate to complete the
statement - A private employment agency is any person or
entity engaged in the recruitment and placement of
workers,
a. for a fee, which is charged directly from the
workers.
b. for a fee, which is charged directly from
employers.
c. for a fee, which is charged directly or indirectly
from workers, employers or both.
d. for a fee, which is charged from workers or
employers, which covers both local and overseas
employment.
$@. 1ho has 9urisdiction over a money claim instituted by an
overseas Filipino worker?
a. 'abor Arbiter!
b. "ational 'abor Gelations (ommission!
c. 'abor Arbiter concurrently with the regular
courts.!
d. "ational 'abor Gelations (ommission
concurrently with the regular courts.
$2. 1hich of the following is not a valid wage deduction?
a. 1here the worker was insured with his consent by
the employer, and the deduction is allowed to
recompense the employer for the amount paid by
him as the premium on the insurance!
b. 1hen the wage is sub9ect of e%ecution or
attachment, but only for debts incurred for food,
shelter, clothing and medical attendance!
c. )ayment for lost or damaged e3uipment provided
the deduction does not e%ceed $4KHo of the
employeeIs salary for a week!
d. Enion dues.
$>. &s the contractor a necessary party in a case where labor
contracting is the main issue and labor-only contracting is
found to e%ist?
a. es, the contractor is necessary in the full
determination of the case as he is the purported
employer of the worker!
b. es, no full remedy can be granted and e%ecuted
without impleading the purported contractor!
c. "o, the contractor becomes a mere agent of the
employer-principal in labor contracting!
d. "o, the contractor has no standing in a labor
contracting case.
06. 1ho among the following is not entitled to 10th month
pay?
a. -tephanie, a probationary employee of a
cooperative bank who rendered si% *:+ months of
service during the calendar year before filing her
resignation!
b. Gafael, the secretary of a -enator!
c. -elina, a cook employed by and who lives with an
old maid and who also tends the sari-sari store of
the latter!
d. Goger, a house gardener who is re3uired to report
to work only thrice a week.
01. 1hich type of employee is entitled to a service incentive
leave?
a. managerial employees!
b. field personnel!
c. government workers!
d. part-time workers.
0$. A wage order may be reviewed on appeal by the "ational
1ages and )roductivity (ommission under these grounds,
e%cept,
a. grave abuse of discretion!
b. non-conformity with prescribed procedure!
c. 3uestions of law!
d. gross under or over-valuation.
00. The following may file a )etition for (ertification
/lection, e%cept,
a. The employer!
b. The legitimate labor organiDation!
c. The Federation on behalf of the chapter!
d. The 1orkersI Association.
07. The following are grounds to deny the )etition for
(ertification /lection, e%cept,
a. The petitioning union is illegitimate or improperly
registered!
b. "on-appearance for two consecutive schedules
before the .ed-Arbiter by petitioning union!
c. The inclusion of members outside the bargaining
unit!
d. Filed within an e%isting election bar.
04. &n response to (ompany CIs unfair labor practices, a union
officer instructed its members to stop working and walk
out of the company premises. After three *0+ hours, they
voluntarily returned to work.
1as there a strike and was it a valid activity?
a. es, it was a strike! yes, it was a valid activity!
b. es, it was a strike! no, it was not a valid activity!
c. "o, it was not a strike! yes, it was a valid activity!
d. "o, it was not a strike! no, it was not a valid
activity.
0:. 1hich of the following is not considered an employer by
the terms of the -ocial -ecurity Act?
a. A self-employed person!
b. The government and any of its political
subdivisions, branches or instrumentalities,
including corporations owned or controlled by the
government!
c. A natural person, domestic or foreign, who carries
on in the )hilippines, any trade, business,
industry, undertaking or activity of any kind and
uses the services of another person who is under
his orders as regards the employment!
d. A foreign corporation.
0@. Jennifer, a receptionist at (ompany C, is covered by the
---. -he was pregnant with her fourth child when she
slipped in the bathroom of her home and had a miscarriage.
.eanwhile, (ompany C neglected to remit the re3uired
contributions to the ---. Jennifer claims maternity leave
benefits and sickness benefits. 1hich of these two may she
claim?
a. "one of them!
b. /ither one of them!
c. =nly maternity leave benefits!
d. =nly sickness benefits.
02. < files for a seven-day paternity leave for the purpose of
lending support to his wife, 1, who suffered a miscarriage
through intentional abortion. 1 also filed for maternity
leave for five weeks. < and 1 are legally married but the
latter is with her parents, which is a few blocks away from
<Is house. 1hich of the following statements is the most
accurate?
a. )aternity leave shall be denied because it does not
cover aborted babies!
b. )aternity leave shall be denied because 1 is with
her parents!
c. .aternity leave shall be denied because it does
not cover aborted babies!
d. .aternity leave shall be denied because grant of
paternity leave bars claim for maternity leave.
0>. 1hich of the following is not a privilege of a person with
disability under the .agna (arta for disabled persons?
a. At least $65L discount on purchase of medicines
in all drugstores!
b. Free transportation in public railways!
c. /ducational assistance in public and private
schools through scholarship grants!
d. A and (.
76. 1hich of the following is not a regular holiday?
a. "ew earIs /ve!
b. /idil Fitr!
c. FatherIs Fay!
d. lndepenaence Fay.
71. 1hich is a characteristic of a labor-only contractor?
a. (arries an independent business different from the
employerIs!
b. The principalIs liability e%tends to all rights,
duties and liabilities under labor standards laws
including the right to self-organiDation!
c. "o employer-employee relationship!
d. <as sufficient substantial capital or investment in
machinery, tools or e3uipment directly or intended
to be related to the 9ob contracted.
7$. 1hat is not an element of legitimate contracting?
a. The contract calls for the performance of a
specific 9ob, work or service!
b. &t is stipulated that the performance of a specific
9ob, work or service must be within a definite
predetermined period!
c. The performance of specific 9ob, work or service
has to be completed either within or outside the
premises of the principal!
d. The principal has control over the performance of
a specific 9ob, work or service.
70. 1hich is a characteristic of the learner?
a. A person is hired as a trainee in an industrial
occupation!
b. <ired in a highly technical industry!
c. Three *0+ months practical on-the-9ob training
with theoretical instruction!
d. At least 17 years old.
77. 1hat is not a prere3uisite for a valid apprenticeship
agreement?
a. Mualifications of an apprentice are met!
b. A duly e%ecuted and signed apprenticeship
agreement!
c. The apprenticeship program is approved by the
-ecretary of 'abor!
d. &ncluded in the list of apprenticeable occupation
of T/-FA.
74. 1hich is not a constitutional right of the worker?
a. The right to engage in peaceful concerted
activities!
b. The right to en9oy security of tenure!
c. The right to return on investment!
d. The right to receive a living wage.
7:. /mployee-employer relationship e%ists under the
following, e%cept ,
a. Jean, a guest relations officer in a nightclub and
Joe, the nightclub owner!
b. Atty. -inI (ruD, who works part-time as the
resident in house lawyer of C (orporation!
c. )aul, who works as registered agent on
commission basis in an insurance company! N
d. Jack and Jill, who work in C (ompany, an
unregistered Association.
7@. 1ith respect to legitimate independent contracting, an
employer or one who engages the services of a bona fide
independent contractor is -
a. An indirect employer, by operation of law, of his
contractorIs employees! he becomes solidarily
liable with the contractor not only for unpaid
wages but also for all the rightfulO claims of the
employees under the 'abor (ode!
b. Treated as direct employer of his contractorIs
employees in all instances! he becomes
subsidiarily liable with the contractor only in the
event the latter fails to pay the employeesI wages
and for violation of labor standard laws!
c. An indirect employer, by operation of law, of his
contractorIs employees! he becomes solidarily
liable with the contractor only in the event the
latter fails to pay the employeesI wages and for
violation of labor standard laws!
d. Treated as direct employer of his contractorIs
employees in all instances! the principal becomes
solidarily liable with the contractor not only for
unpaid wages but also for all the rightful claims of
the employees under the 'abor (ode!
72. Bevin, an employee of <ouse of -ports, filed a complaint
with the F='/ re3uesting the investigation and inspection
of the said establishment for labor law violations such as
underpayment of wages, non-payment of 10th month pay,
non-payment of rest day pay, overtime pay, holiday pay,
and service incentive leave pay. <ouse of -ports alleges
that F='/ has no 9urisdiction over the employeesI claims
where the aggregate amount of the claims of each
employee e%ceeds )4,666.66, whether or not accompanied
with a claim for reinstatement. &s the argument of <ouse of
-ports tenable?
a. es, Article 1 P> of the 'abor (ode shall apply,
and thus, the 'abor Arbiter has 9urisdiction!
b. "o, Article 1$2 *b+ of the 'abor (ode shall apply,
and thus, the F='/ Gegional Firector has
9urisdiction!
c. es, if the claim e%ceeds )4,666.66, the F='/
-ecretary loses 9urisdiction!
d. "o, a voluntarily arbitrator has 9urisdiction
because the matter involved is a grievable issue.
7>. 1hich of the following is not compensable as hours
worked?
a. Travel away from home!
b. Travel from home to work!
c. 1orking while on call!
d. Travel that is all in a dayIs work.
46. &t is defined as any union or association of employees
which e%ists in whole or in part for the purpose of
collective bargaining with employers concerning terms and
conditions of employment.
a. #argaining representative!
b. 'abor organiDation!
c. 'egitimate labor organiDation!
d. Federation.
41. This process refers to the submission of the dispute to an
impartial person for determination on the basis of the
evidence and arguments of the parties. The award is
enforceable to the disputants.
a. Arbitration!
b. .ediation!
c. (onciliation!
d. Geconciliation.
4$. The Gegional Firector or his representative may be
divested of his enforcement and visitorial powers under the
e%ception clause of Article 1$2 of the 'abor (ode and,
resultantly, 9urisdiction may be vested on the labor arbiter
when three *0+ elements are present. 1hich of the
following is not one of the three *0+ elements?
a. /mployer contests the findings of the labor
regulations officers and raises issues thereon!
b. &n order to resolve any issues raised, there is a
need to e%amine evidentiary matters!
c. The issues raised should have been verifiable
during the inspection!
d. The evidentiary matters are not verifiable in the
normal course of inspection .
40. &n what instances do labor arbiters have 9urisdiction over
wage distortion cases?
a. 1hen 9urisdiction is invoked by the employer and
employees in organiDed establishments!
b. 1hen the case is unresolved by Arievance
(ommittee!
c. After the panel of voluntarily arbitrators has made
a decision and the same is contested by either
party!
d. &n unorganiDed establishments when the same is
not voluntarily resolved by the parties before the
"(...
47. &s a termination dispute a grievable issue?
a. es, if the dismissal arose out of the interpretation
or &mplementation of the (#A!
b. "o, once thereIs actual termination, the issue is
cogniDable by a 'abor Arbiter!
c. es, it is in the interest of the parties that the
dispute be resolved on the establishment level!
d. "o, a voluntary arbitrator must take cogniDance
once termination is made effective.
44. )eter worked for a "orwegian cargo vessel. <e worked as
a deckhand, whose primary duty was to assist in the
unloading and loading of cargo and sometimes, assist in
cleaning the ship. <e signed a five-year contract starting in
$66>. &n $611, )eterIs employers began treating him
differently. <e was often maltreated and his salary was not
released on time. These were fre3uently protested to by
)eter. Apparently e%asperated by his fre3uent protestations,
)eterIs employer, a once top official in (hina, suddenly
told him that his services would be terminated as soon as
the vessel arrived at the ne%t port, in &ndonesia. )eter had
enough money to go back home, and immediately upon
arriving, he filed a money claim with the "'G( against his
former employerIs local agent. 1ill )eterIs case prosper?
a. es, he is entitled to full reimbursement of his
placement fee, withI interest at 1$KHo per annum,
plus salary for the une%pired portion of his
employment contract or for three *0+ months for
every year of the une%pired portion, whichever is
higher!
b. es, he is entitled to full reimbursement of his
placement fee, with interest at 1$5 per annum,
plus his salary for the une%pired portion of his
employment contract or for three *0+ months for
every year of the une%pired portion, whichever is
less!
c. es, he is entitled to his salaries for the une%pired
portion of his employment contract, plus full
reimbursement of his placement fee with interest
at N1$KHo per annum!
d. es, he is entitled to his salaries for three *0+
months for every year of the une%pired portion of
his employment contract, plus full reimbursement
of his placement fee with interest at 1$KHo per
annum.
4:. The following are e%empt from the rules on minimum
wages, e%cept,
a. <ousehold or domestic helpers! .
b. <omeworkers engaged in needle work!
c. 1orkersI in duly registered establishment in the
cottage industry!
d. 1orkers in the duly registered cooperative.
4@. 1hich of the following is a right andHor condition of
membership in a labor organiDation?
a. "o arbitrary or e%cessive initiation fees shall be
re3uired of the members of a legitimate labor
organiDation nor shall arbitrary, e%cessive or
oppressive fine and forfeiture be imposed!
b. The members shall be entitled to full and detailed
reports from their officers and representatives of
all financial transactions as provided for in the
constitution and bylaws of the organiDation!
c. "o labor organiDation shall knowingly admit as
members or continue in membership any
individual who belongs to a subversive
organiDation or who is engaged directly or
indirectly in any subversive activity!
d. All of the above.
42. 1hich phrase most accurately completes the statement -
.embers of cooperatives,
a. can invoke the right to collective bargaining
because it is a fundamental right under the
(onstitution.
b. can invoke the right to collective bargaining
because they are permitted by law.
c. cannot invoke the right to collective bargaining
because each member is considered an owner.
d. cannot invoke the right to collective bargaining
because they are e%pressly prohibited by law.
4>. 1hich of the following is not true in unfair labor practices
committed by an employer?
a. Enfair labor practices cannot be committed unless
the union has been formed and registered!
b. The commission of unfair labor practice re3uires
an employer-employee relationship!
c. The offense of unfair labor practice prescribes in
one * 1+ year!
d. The list of unfair labor practices is e%clusive.
:6. 1hich of the following is correct with respect to the e%tent
of the application of security of tenure?
a. &t applies to managerial and to all rank-and-file
employees i f not yet regular, but not to
management trainees!
b. &t applies to managerial and to all rank-and-file
employees including those under probation!
c. &t applies to seasonal and pro9ect employees, if
they are hired repeatedly!
d. &t applies to all kinds of employees e%cept those
employed on a part-time basis.
:1. 1hich of the following is not a procedural due process
re3uirement in the termination of an employee for 9ust
cause?
a. A written notice to the employee specifying the
grounds for his termination!
b. A written notice to the F='/ at least thirty *06+
days before the effectivity of termination!
c. A written notice to the employee stating that upon
consideration of the circumstances, grounds have
been established to 9ustify his termination!
d. An opportunity for the employee to present his
evidence.
:$. Ender current 9urisprudence, when the dismissal is for a
9ust or authoriDed cause but due process is not observed,
the dismissal is said to be,
a. Qoid for denial of due process! hence, the
employee should be reinstated!
b. Qoid for lack. of due process, the employee
should be paid full backwages!
c. Qalid, for the dismissal is with 9ustHauthoriDed
cause, but the employer shall be liable for nominal
damages!
d. Qalid, even if due process is not observed, hence
reinstatement should not be ordered.
:0. 1hat is the 3uantum of evidence re3uired in labor cases?
a. The degree of proof which produces the
conclusion that the employee is guilty of the
offense charged in an unpre9udiced mind!
b. -uch amount of relevant evidence which a
reasonable mind might accept as ade3uate to
9ustify a conclusion!
c. That degree of proof which is greater in weight
than the opposing partyIs evidence!
d. -uch evidence which must be highly and
substantially more probable to be true than not
which convinces the trier of facts of its factuality.
:7. 1hich of the following statements is the most accurate?
a. Fomestic helpers with monthly income of at least
)0,666.66 are compulsory members of the ---
'aw!
b. <ouse helpers with monthly income of at least
)$,666.66 are compulsory members of the ---
'aw!
c. Fomestic helpers, 44 years of age and who
worked for at least five *4+ years, are covered by
the Getirement )ay 'aw under optional
retirement, in the absence of a (#A!
d. Fomestic helpers in the personal service of
another are not entitled to 10th month pay.
:4. The decision of the 'abor Arbiter in a labor dispute case is,
a. immediately e%ecutory!
b. re3uires a writ of e%ecution!
c. is immediately e%ecutory insofar as the
reinstatement of the employee is concerned!
d. is stayed by the appeal of the employer and
posting of appeal bond.
::. 1hich of the following is cogniDable by the #ureau of
'abor Gelations .ed-Arbiters?
a. Enfair labor practice for violation of the (#A
filed by the 1orkers Enion of (ompany C against
(ompany C!
b. (laim for back wages filed by overseas contract
worker Cena against her -audi Arabian employer!
c. (ontest for the position of .A Enion )resident
brought by Ba Joe, the losing candidate in the
recent union elections!
d. A contesting his removal as (hief /%ecutive
=fficer of (ompany ;.
:@. J refused to comply with his deployment assignment with
B, a manning agency. B filed a complaint against him for
breach of contract before the )hilippine =verseas
/mployment Administration *)=/A+. The )=/A
penaliDed J with one *1+ year suspension from overseas
deployment. =n appeal, the suspension was reduced to si%
*:+ months by the -ecretary of 'abor. &s the remedy of
appeal still available to J and where should he file his
appeal?
a. es, he can file an appeal before the (ourt of
Appeals via a )etition for (ertiorari under rule :4!
b. es, he can file an appeal before the -upreme
(ourt via a )etition for (ertiorari under Gule :4!
c. es, he can file an appeal before the =ffice of the
)resident since this is an administrative case!
d. es, he can file an appeal before the "ational
'abor Gelations (ommission because there is an
employer-employee relationship.
:2. G was employed as an instructor of (ruD (ollege located in
-antiago (ity, lsabela. )ursuant to a stipulation in GIs
employment contract that the college has the prerogative to
assign G in any of its branches or tie-up schools as the
necessity demands, the college proposed to transfer him to
llagan, a nearby town. G filed a complaint alleging
constructive dismissal since his re-assignment will entail
an indirect reduction of his salary or diminution of pay
considering that additional allowance will not be given to
cover for board and lodging e%penses. G, however, failed
to prove that allowances were given in similar instances in
the past. &s GIs contention that he will suffer constructive
dismissal in view of the alleged diminution of benefit
correct?
a. es, such transfer should re3uire an automatic
additional allowance! the non-granting of said
allowance amounts to a diminution of benefit!
b. "o, G failed to present evidence that the college
committed to provide the additional allowance or
that they were consistently granting such benefit
as to have ripened into a practice which cannot be
peremptorily withdrawn. <ence, there is no
violation of the rule against diminution of pay!
c. "o, GIs re-assignment did not amount to
constructive dismissal because the college has the
right to transfer G based on contractual
stipulation!
d. # and (.
:>. At what particular point does a labor organiDation ac3uire a
legal personality?
a. =n the date the agreement to organiDe the un1on
is signed by the ma9ority of all its members!
b. =n the date the application for registration is duly
filed with the Fepartment of 'abor.!
c. =n the date appearing on the (ertificate of
Gegistration!
d. =n the date. the (ertificate of Gegistration is
actually issued.
@6. <ow many years of service is the underground mine
employee re3uired to have rendered in order to be entitled
to retirement benefits?
a. 4!
b. 16!
c. 14!
d. $6.
@1. 1hat is the prescriptive period of all criminal offenses
penaliDed under the 'abor (ode and the Gules
&mplementing the 'abor (ode?
a. 0 years!
b. 7 years!
c. 4 years!
d. 16 years.
@$. 1hat is the nature of employment of househelpers?
a. -easonal!
b. Fi%ed-term!
c. Gegular!
d. )robationary.
@0. The appeal to the "'G( may be entertained only on any of
the following grounds, e%cept,
a. &f there is prima facie evidence of abuse of
discretion on the part of the 'abor Arbiter!
b. &f the decision, order or award was secured
through fraud or coercion, including graft and
corruption!
c. &f made purely on 3uestions of fact and law!
d. &f serious errors in the findings of facts are raised
which would cause grave or irreparable damage or
in9ury to the appellant
@7. The following are unfair labor practices of employers,
e%cept,
a. &nterrogating its employees in connection with
their membership in the union or their union
activities which hampers their e%ercise of free
choice!
b. The grant of profit-sharing benefits to managers,
supervisors and all rank-and-file employees not
covered by the (#A!
c. The cessation of a companyIs operations shortly
after the organiDation of a labor union and the
resumption of business barely a month after!
d. 1ithdrawal by the employer of holiday pay
benefits stipulated under a supplementary
agreement with the union.
@4. According to Article @2 of the 'abor (ode., a handicapped
worker is one whose earning capacity is impaired by the
following, e%cept ,
a. Age!
b. )hysical Feficiency!
c. .ental Feficiency!
d. )sychological Feficiency.
- NOTHING FOLLOWS -
2012 BAR EXAMINATIONS
LABOR LAW
Set B
I.
a. Fistinguish 'abor-=nly contracting and Job-=nly
contracting. *45+
b. A deadlock in the negotiations for the collective bargaining
agreement between (ollege C and the Enion prompted the
latter, after duly notifying the F='/, to declare a strike on
"ovember 4. The strike totally paralyDed the operations of
the school. The 'abor -ecretary immediately assumed
9urisdiction over the dispute and issued on the same day
*"ovember 4+ a return to work order. Epon receipt of the
order, the striking union officers and members, on
"ovember 1, filed a .otion for Geconsideration thereof
3uestioning the 'abor -ecretaryIs assumption of
9urisdiction, and continued with the strike during the
pendency of their motion. =n "ovember 06, the 'abor
-ecretary denied the reconsideration of his return to work
order and further noting the strikersI failure to immediately
return to work, terminated their employment. &n assailing
the 'abor -ecretaryIs decision, the Enion contends that,
1. The 'abor -ecretary erroneously assumed
9urisdiction over the dispute since (ollege C
could not be considered an industry indispensable
to national interest!
$. The strikers were under no obligation to
immediately comply with the "ovember 4 return
to work order because of their then pending
.otion for Geconsideration of such order! and
0. The strike being legal, the employment of the
striking Enion officers and members cannot be
terminated. Gule on these contentions. /%plain.
*45+
II.
&n the (ollective #argaining Agreement *(#A+ between Fana Films
and its rank-and-file Enion *which is directly affiliated with ..FF,
a national federation+, a provision on the maintenance of
membership e%pressly provides that the Enion can demand the
dismissal of any member employee who commits acts of disloyalty
to the Enion as provided for in its (onstitution and #y-'aws. The
same provision contains an undertaking by the Enion *..FF+ to
hold Fana Films free from any and all claims of any employee
dismissed. Furing the term of the (#A, ..FF discovered that
certain employee-members were initiating a move to disaffiliate
from ..FF and 9oin a rival federation, FA.A-. Forthwith, ..FF
sought the dismissal of its employee-members initiating the
disaffiliation movement from ..FF to FA.A-. Fana Films,
relying on the provision of the aforementioned (#A, complied with
..FFIs re3uest and dismissed the employees identified by ..FF
as disloyal to it.
a. 1ill an action for illegal dismissal against Fana Films and
..FF prosper or not? 1hy? *45++
b. 1hat are the liabilities of Fana Films and ..FF to the
dismissed employees, i f any? *45+
III.
a. =n August 61, $662, , a corporation engaged in the
manufacture of te%tile garments, entered into a collective
bargaining agreement with Enion C in representation of
the rank and-file employees of the corporation. The (#A
was effective up to June $6, $611. The contract had an
automatic renewal clause which would allow the
agreement after its e%piry date to still apply until both
parties would have been able to e%ecute a new agreement.
=n .ay 16, $611, Enion C submitted to Is management
their proposals for the negotiation of a new (#A. The ne%t
day, suspended negotiations with Enion C since had
entered into a merger with D,N a corporation also engaged in
the manufacture of te%tile garments. ; assumed all the
assets and liabilities of . Enion C filed a complaint with
the Gegional Trial (ourt for specific performance and
damages with a prayer for preliminary in9unction against
and ; and ; filed a .otion to Fismiss based on lack of
9urisdiction. Gule on the .otion to Fismiss. *45+
b. C was one of more than one hundred *166+ employees who
were terminated from employment due to the closure of
(onstruction (orporation A. The (ruD family owned
(onstruction (ompany A. Epon the closure of
(onstruction (ompany A, the (ruDes established
(onstruction (ompany #. #oth corporations had the same
president, the same board of directors, the same corporate
officers, and all the same subscribers. From the Aeneral
&nformation -heet filed by both companies, it also showed
that they shared the same address andHor premises. . #oth
companies also hired the same accountant who prepared
the books for both companies.
C and his co-employees amended their (omplaint with the
'abor Arbiter to hold (onstruction (orporation 2 9oint and
severally liable with (onstruction (ompany A for illegal
dismissal, backwages and separation pay. (onstruction
(ompany 2 interposed a .otion to Fismiss contending
that they are 9uridical entities with distinct and separate
personalities from (onstruction (orporation A and
therefore, they cannot be held 9ointly and severally liable
for the money claims of workers who are not their
employees. Gule on the .otion to Fismiss. -hould it be
granted or denied? 1hy? *45+
IV.
a. Juicy #ar and "ight (lub allowed by tolerance fifty *46+
Auest Gelations =fficers *AG=s+ to work without
compensation in its establishment under the direct
supervision of its .anager from 2,66 )... To 7,66 A...
everyday, including -undays and holidays. The AG=s,
however, were free to ply their trade elsewhere at anytime,
but once they enter the premises of the night club, they
1ere re3uired to stay up to closing time. The AG=s earned
their keep e%clusively from commissions for food and
drinks, and tips from generous customers. &n time, the
AG=s formed the -olar Egnayan ng mga Bababaihang
lnaapi *-EB&+, a labor union duly registered with F='/.
-ubse3uently, -EB& filed a petition for (ertification
/lection in order to be recogniDed as the e%clusive
bargaining agent of its members. Juicy #ar and "ight (lub
opposed the petition for (ertification /lection on the
singular ground of absence of employer-employee
relationship between the AG=s on one hand and the night
club on the other hand. .ay the AG=s form -EB& as a
labor organiDation for purposes of collective bargaining?
/%plain briefly. *45+
b. A spinster school teacher took pity on one of her pupils, a
robust and precocious 1$-year old boy whose poor family
could barely afford the cost of his schooling. -he lives
alone at her house near the -chool after her housemaid had
left. &n the afternoon, she lets the boy do various chores as
cleaning, fetching water and all kinds of errands after
school hours. -he gives him rice and )166.66 before the
boy goes home at @,66 every night. The school principal
learned about it and charged her with violating the law
which prohibits the employment of children below 14
years of age. &n her defense, the teacher stated that the
work performed by her pupil is not haDardous. &s her
defense tenable? 1hy? *45+
V.
The weekly work schedule of a driver is as follows, .onday,
1ednesday, Friday - drive the family car to bring and fetch the
children to and from school. Tuesday, Thursday, -aturday - drive the
family van to fetch merchandise from suppliers and deliver the same
to a bouti3ue in a mall owned by the family.
a. &s the driver a house helper? *45+
b. The same driver claims that for work performed on
Tuesday, Thursday and -aturday, he should be paid the
minimum daily wage of a driver of a commercial
establishment. &s the claim of the driver valid? *45+
VI.
a. For humanitarian reasons, a bank hired several
handicapped workers to count and sort out currencies. The
handicapped workers knew that the contract was only for a
period of si%-months and the same period was provided in
their employment contracts. After si% months, the bank
terminated their employment on the ground that their
contract has e%pired. This prompted the workers to file
with the 'abor Arbiter a complaint for illegal dismissal.
1ill their action prosper? 1hy or why not? *45+
b. .am-manu Aviation (ompany *.am-manu+ is a new
airline company recruiting flight attendants for its domestic
flights. &t re3uires that the applicant be single, not more
than $7 years old, attractive, and familiar with three *0+
dialects, viD, llonggo, (ebuano and Bapampangan. lngga,
$0 years old, was accepted as she possesses all the
3ualifications. After passing the probationary period, lngga
disclosed that she got married when she was 12 years old
but the marriage was already in the process of being
annulled on the ground that her husband was afflicted with
a se%ually transmissible disease at the time of the
celebration of their marriage. As a result of this revelation,
lngga was not hired as a regular flight attendant.
(onse3uently, she filed a complaint against .am-manu
alleging that the pre-employment 3ualifications violate
relevant provisions of the 'abor (ode and are against
public policy. &s the contention of lngga tenable? 1hy?
*45+
VII.
a. &nggu, an electronics technician, worked within the
premises of )it -top, an auto accessory shop. <e filed a
(omplaint for illegal dismissal, overtime pay and other
benefits against )it -top. )it -top refused to pay his claims
on the ground that lnggu was not its employee but was an
independent contractor . . &t was common practice for
shops like )it -top to collect the service fees from
customers and pay the same to the independent contractors
at the end of each week. The auto shop e%plained that
lnggu was like a partner who worked within its premises,
using parts provided by the shop, but otherwise lnggu was
free to render service in the other auto shops. =n the other
hand, lnggu insisted that he still was entitled to the benefits
because he was loyal to )it -top, it being a fact that he did
not perform work for anyone else. &s lnggu correct?
/%plain briefly. *45+
b. The modes of determining an e%clusive bargaining
agreement are,
1. voluntary recognition
$. certification election
0. consent election
/%plain briefly how they differ from one another.
*45+
VIII.
A#( Tomato (orporation, owned and managed by three *0+ elderly
brothers and two *$+ sisters, has been in business for 76 years. Fue
to serious business losses and financial reverses during the last five
*4+ years, they decided to close the business.
a. As counsel for the corporation, what steps will you take
prior to its closure? *05+
b. Are the employees entitled to separation pay? *$5+
&f the reason for the closure is due to old age of the
brothers and sisters,
c. &s the closure allowed by law? *$5+
d. Are the employees entitled to separation benefits? *05+
IX.
Fennis was a ta%i driver who was being paid on the ?boundary?
system basis. <e worked tirelessly for (abrera Transport &nc. for
fourteen *17+ years until he was eligible for retirement. <e was
entitled to retirement benefits. Furing the entire duration of his
service, Fennis was not given his 10th month pay or his service
incentive leave pay.
a. &s Fennis entitled to 10th month pay and service leave
incentive pay? /%plain. *45+
b. -ince he was not given his 10th month pay and service
incentive leave pay, should Fennis be paid upon
retirement, in addition to the salary e3uivalent to fifteen
*14+ days for every year of service, the additional $.4 days
representing one-twelfth *1H1$+ of the 10th month pay as
well as the five *4+ days representing the service incentive
leave for a total of $$.4 days? /%plain. *45+
X.
a. C; .anpower -ervices *C;+ was sued by its
employees together with its client, A#( )olyester
.anufacturing (ompany *A#(+. A#( is one of the many
clients of C;. Furing the proceedings before the 'abor
Arbiter, C; was able to prove that it had substantial
capital of Three .illion )esos. The 'abor Arbiter ruled in
favor of the employees because it deemed C; as a labor
only contractor. C; was not able to prove that it had
invested in tools, e3uipment, etc. &s the 'abor ArbiterIs
ruling valid? /%plain. *45+
b. Foes the performance by a contractual employee, supplied
by a legitimate contractor, of activities directly related to
the main business of the principal make him a regular
employee of the principal? /%plain. *45+
- NOTHING FOLLOWS -
2011 LABOR LAW BAR QUESTIONS
B! Ex"#$t#%$ Q&e't#%$$#!e (%! L)%! L*
Set A
*1+ The union8s by-laws provided for burial assistance to the family
of a member who dies. 1hen (arlos, a member, died, the union
denied his wifeIs claim for burial assistance, compelling her to hire
a lawyer to pursue the claim. Assuming the wife wins the case, may
she also claim attorneyIs fees?
*A+ "o, since the legal services rendered has no connection
to (#A negotiation.
*#+ es, since the union should have provided her the
assistance of a lawyer.
*(+ "o, since burial assistance is not the e3uivalent of
wages.
*F+ es, since award of attorneyIs fee is not limited to
cases of withholding of wages.
*$+ )ol re3uested =bet, a union officer and concurrently chairman of
the companyIs 'abor-.anagement (ouncil, to appeal to the
company for a recomputation of )ol8s overtime pay. After 4 p.m.,
his usual knock-off time, =bet spent two hours at the )ersonnel
=ffice, reconciling the differing computations of )ol8s overtime.
Are those two hours compensable?
*A+ es, because =bet performed work within the company
premises.
*#+ "o, since =bet8s action has nothing to do with his
regular work assignment.
*(+ "o, because the matter could have been resolved in the
labor-management council of which he is the chairman.
*F+ es, because the time he spent on grievance meetings
is considered hoursworked.
*0+ The 'abor (ode on retirement pay e%pands the term Rone-half
*S+ month salaryT because it means
*A+ 14 daysI pay plus 1H1$th of the 10th month pay and
1H1$th of the cash value of service incentive leave.
*#+ 14 daysI pay plus 1H1$th of the 10th month pay and the
cash e3uivalent of five days service incentive leave.
*(+ 14 days pay plus a full 10th month pay.
*F+ 14 calendar daysI pay per year of service plus
allowances received during the retirement year.
*7+ A foreign guest in a lu%ury hotel complained that he lost certain
valuable items in his hotel room. An investigation by the hotel
pointed to two roomboys as the most probable thieves. .ay the
management invoke Rloss of confidenceT as a 9ust cause for
dismissing the roomboys?
*A+ "o, Rloss of confidenceT as reason for dismissal does
not apply to rank and file employees.
*#+ "o, Rloss of confidenceT applies only to confidential
positions.
*(+ es, Rloss of confidenceT is broad enough to cover all
dishonest acts of employee.
*F+ G&A<T A"-1/G es, Rloss of confidenceT applies to
employees who are charged with the care and custody of
the employerIs property.
*4+ Tower )lacement Agency supplies manpower to 'ucas (andy
Factory to do work usually necessary for work done at its factory.
After working there for more than two years under the factory
manager8s supervision, the workers demanded that 'ucas e%tend to
them the same employment benefits that their directly hired workers
en9oyed. &s their demand valid?
*A+ es, since it was 'ucas that actually hired and
supervised them to work at itsfactory.
*#+ "o, since the agency workers are not employees of the
client factory.
*(+ es, since they have been working at the factory in
e%cess of two years.
*F+ "o, since it was the placement agency that got them
their 9obs.
*:+ #oth apprenticeship and learnership are government programs to
provide practical on-the-9ob training to new workers. <ow do they
differ with respect to period of training?.
*A+ &n highly technical industries, apprenticeship can
e%ceed : months! learnership can e%ceed one year.
*#+ Apprenticeship cannot e%ceed : months! learnership
can.
*(+ Apprenticeship shall not e%ceed si% months! while
learnership shall not e%ceed three months.
*F+ The law lets the employer and the apprentice agree on
the apprenticeship period! but the law fi%es learnership
period at si% months in non-technical industries.
*@+ Qenus Fepartment -tore decided to contract out the security
services that its 16 direct-hired full-time security guards provided.
The company paid the men separation pay. 1ith this move, the
-tore was able to cut costs and secure efficient outside professional
security services. #ut the terminated security guards complained of
illegal dismissal, claiming that regular 9obs such as theirs could not
be contracted out. 1ill their complaint prosper?
*A+ "o. the management has the right to contract out 9obs
to secure efficient and economical operations.
*#+ es. They should be reinstated or absorbed by the
security agency as its employees.
*(+ "o. They are estopped from demanding reinstatement
after receiving their separation pay.
*F+ es. The company cannot contract out regular 9obs
such as they had.
*2+ Although both are training programs, apprenticeship is different
from learnership in that
*A+ a learner may be paid $45 less than the legal
minimum wage while an apprentice is entitled to the
minimum wage.
*#+ apprenticeship has to be covered by a written
agreement! no such formality is needed in learnership.
*(+ in learnership, the employer undertakes to make the
learner a regular employee! in apprenticeship, no such
undertaking.
*F+ a learner is deemed a regular employee if terminated
without his fault within one month of training! an
apprentice attains employment status after si% months of
apprenticeship.
*>+ A golf and country club outsourced the 9obs in its food and
beverage department and offered the affected employees an early
retirement package of 1 S month8s pay for each year of service. The
employees who accepted the package e%ecuted 3uitclaims.
Thereafter, employees of a service contractor performed their 9obs.
-ubse3uently, the management contracted with other 9ob contractors
to provide other services like the maintenance of physical facilities,
golf operations, and administrative and support services. -ome of
the separated employees who signed 3uitclaims later filed
complaints for illegal dismissal. 1ere they validly dismissed?
*A+ es. The 9obs were given to 9ob contractors, not to
labor-only contractors, and the dismissed employees
received higher separation pay than the law re3uired.
*#+ "o. The outsourcing and the employment termination
were invalid since the management failed to show that it
suffered severe financial losses.
*(+ "o. -ince the outsourcing of 9obs in several
departments entailed the separation of many employees,
the club needed the -ecretary of 'abor8s approval of its
actions.
*F+ "o. -ince the outsourced 9obs were held by old-time
regular employees, it was illegal for the club to terminate
them and give the 9obs to others.
*16+ -ampaguita (ompany wants to embark on a retrenchment
program in view of declining sales. &t identified five employees that
it needed to separate. The human resource manager seems to recall
that she has to give the five employees and the F='/ a 06-day
notice but she feels that she can give a shorter notice. 1hat will you
advise her?
*A+ &nstead of giving a 06-day notice, she can 9ust give a
06-day advanced salary and make the separation effective
immediately.
*#+ -o long as she gave F='/ a 06-day prior notice, she
can give the employees a shorter notice.
*(+ The 06-day advance notice to the employee and the
F='/ cannot be shortened even with a 06-day advance
salary.
*F+ -he can give a shorter notice if the retrenchment is due
to severe and substantial losses.
*11+ Ender the 'abor (ode, its provisions on working conditions,
including the eight-hour work day rule, do not apply to domestic
helpers. Foes it follow from this that a domestic helperIs workday is
not limited by law?
*A+ "o, since a domestic helper cannot be re3uired to work
more than ten hours a day.
*#+ es, since a domestic helperIs hours of work depend on
the need of the household he or she works for.
*(+ "o, because a domestic helper is legally entitled to
overtime pay after ten hours of work.
*F+ es, a domestic helper may be re3uired to work twelve
hours a day or beyond.
*1$+ Ender the 'abor (ode on 1orking (onditions and Gest
)eriods, a person hired by a high company official but paid for by
the company to clean and maintain his staff house is regarded as
*A+ a person rendering personal service to another.
*#+ a regular company employee.
*(+ a family member.
*F+ domestic helper.
*10+ The union filed a notice of strike due to a bargaining deadlock.
#ut, because the -ecretary of 'abor assumed 9urisdiction over the
dispute, the strike was averted. .eanwhile, the employer observed
that the union engaged in a work slowdown. (ontending that the
slowdown was in fact an illegal strike, the employer dismissed all
the union officers. The union president complained of illegal
dismissal because the employer should first prove his part in the
slowdown. &s the union president correct?
*A+ es, since the employer gave him no notice of its
finding that there was a slowdown.
*#+ es. The employer must prove the union president8s
part in slowdown.
*(+ "o. 1hen a strike is illegal, the management has the
right to dismiss the union president.
*F+ "o. As the union president, it may be assumed that he
led the slowdown.
*17+ The e%isting collective bargaining unit in (ompany C includes
some fifty RsecretariesT and RclerksT who routinely record and
monitor reports re3uired by their department heads. #elieving that
these secretaries and clerks should not be union members because of
the confidential nature of their work, the management discontinued
deducting union dues from their salaries. &s the management8s
action legal?
*A+ "o, only managers are prohibited from 9oining unions!
the law does not bar Rconfidential employeesT from 9oining
unions.
*#+ "o, Rconfidential employeesT are those who assist
persons who formulate, determine, or enforce management
policies in the field of labor relations.
*(+ es, secretaries and clerks of company e%ecutives are
e%tensions of the management and, therefore, should not
9oin the union.
*F+ "o, RconfidentialT employees are those who handle
e%ecutive records and payroll or serve as e%ecutive
secretaries of top-level managers.
*14+ Jose 'ovina had been member of the board of directors and
/%ecutive Qice )resident of -an Jose (orporation for 1$ years. &n
$662, the -an Jose stockholders did not elect him to the board of
directors nor did the board reappoint him as /%ecutive Qice
)resident. <e filed an illegal dismissal complaint with a 'abor
Arbiter. (ontending that the 'abor Arbiter had no 9urisdiction over
the case since 'ovina was not an employee, the company filed a
motion to dismiss. -hould the motion be granted?
*A+ "o, the 'abor Arbiter has 9urisdiction over all
termination disputes.
*#+ es, it is the "'G( that has 9urisdiction over disputes
involving corporate officers.
*(+ "o, a motion to dismiss is a prohibited pleading under
the "'G( Gules of )rocedure.
*F+ es, 9urisdiction lies with the regular courts since the
complainant was a corporate officer.
*1:+ An employee proved to have been illegally dismissed is entitled
to reinstatement and full backwages computed on the basis of his
*A+ basic salary plus the regular allowances and the
thirteenth month pay.
*#+ basic salary plus the salary (#A increases during the
pendency of his case.
*(+ basic salary plus the increases mandated by wage
orders issued during the pendency of his case.
*F+ basic salary at the time of dismissal.
*1@+ The meal time *lunch break+ for the dining crew in Alorious
Gestaurant is either from 16 a.m. to 11 a.m. or from 1,06 p.m. to
$,06 p.m., with pay. #ut the management wants to change the
mealtime to 11, a.m. to 1$ noon or 1$,06 p.m. to 1,06 p.m., without
pay. 1ill the change be legal?
*A+ es, absent an agreement to the contrary, the
management determines work hours and, by law, meal
break is without pay.
*#+ "o, because lunchbreak regardless of time should be
with pay.
*(+ es, the management has control of its operations.
*F+ "o, because e%isting practice cannot be discontinued
unilaterally.
*12+ The employees8 union in -an Joa3uin /nterprise continued
their strike despite a return to work order from the -ecretary of
'abor. #ecause of this defiance, the employer dismissed the strikers.
#ut the 'abor Arbiter declared as illegal the dismissal of those
whose commission of unlawful acts had not been proved. They
were ordered immediately reinstated. The employer refused,
however, to reinstate them on the ground that the rule on immediate
reinstatement applies only to terminations due to 9ust or authoriDed
causes. &s the employer8s refusal 9ustified?
*A+ "o, every employee found to have been illegally
dismissed is entitled to immediate reinstatement even
pending appeal.
*#+ es. The employer8s refusal is legal and 9ustified as a
penalty for defying the secretary8s lawful order.
*(+ es, the rule on immediate reinstatement does not
apply to employees who have defied a return-to-work
order.
*F+ "o. The dismissal of the employees was valid!
reinstatement is unwarranted.
*1>+ 'lanas (orporation and Enion C, the certified bargaining agent
of its employees, concluded a (#A for the period January 1, $666 to
Fecember 01, $667. #ut, long before the (#A e%pired, members of
Enion , the minority union, showed dissatisfaction with the (#A
under the belief that Enion C was a company union. Agitated by its
members, Enion filed a petition for a (ertification /lection on
Fecember 1, $66$. 1ill the petition prosper?
*A+ "o, such a petition can only be filed within the
freedom period of the (#A.
*#+ "o, since a petition for certification can be filed only
upon the e%piration of the (#A.
*(+ es, a certification is the right remedy for ousting a
company union.
*F+ es, employees should be allowed to cancel at the
earliest opportunity a (#A that they believed was obtained
by a company union.
*$6+ &s it correct to say that under )hilippine law a househelper has
no right to security of tenure?
*A+ "o, since a househelper can be dismissed only for 9ust
cause or when his agreed period of employment ends.
*#+ es, since it is the employer who determines the period
of his service.
*(+ es, since a househelper can be dismissed with or
without 9ust cause.
*F+ "o, since a househelper can be dismissed only for 9ust
cause, e%cept when he has been employed for a definite
period not e%ceeding one year.
*$1+ Geach-All, a marketing firm with operating capital of
)166,666, supplied sales persons to pharmaceutical companies to
promote their products in hospitals and doctorsI offices. Geach-All
trained these sales persons in the art of selling but it is the client
companies that taught them the pharmacological 3ualities of their
products. Geach-All8s roving supervisors monitored, assessed, and
supervised their work performance. Geach-All directly paid their
salaries out of contractorIs fees it received. Ender the circumstances,
can the sales persons demand that they be absorbed as employees of
the pharmaceutical firms?
*A+ "o, they are Geach-All8s employees since it has
control over their work performance.
*#+ es, since they receive training from the
pharmaceutical companies regarding the products they will
promote.
*(+ "o, since they are bound by the agency agreement
between Geach-All and the pharmaceutical companies.
*F+ es, since Geach-All does does not 3ualify as
independent contractoremployer, its clients being the
source of the employees8 salaries.
*$$+ /%ecutive =rder "o. 126, which protects government
employees, does "=T apply to Rhigh-level employees,T namely,
*A+ presidential appointees.
*#+ those performing policy-determining functions,
e%cluding confidential employees and supervisors.
*(+ confidential employees and those performing policy-
determining functions.
*F+ elective officials.
*$0+ &n the case of a househelper, reinstatement is not a statutory
relief for un9ust dismissal because of the confidentiality of his or her
9ob. &nstead, the househelper shall be paid
*A+ an indemnity e3uivalent to 14 daysI pay plus
compensation already earned.
*#+ a separation pay e3uivalent to one monthIs pay per year
of service.
*(+ a separation pay e3uivalent to one-half monthIs pay per
year of service.
*F+ 14 daysI pay as indemnity plus wages lost from
dismissal to finality of decision.
*$7+ The (#A for the period January $66@ to Fecember $66>
granted the employees a )76 per day increase with the
understanding that it is creditable as compliance to any future wage
order. -ubse3uently, the regional wage board increased by )$6 the
minimum wage in the employer8s area beginning January $662. The
management claims that the (#A increase may be considered
compliance even if the 1age =rder itself said that R(#A increase is
not creditable as compliance to the 1age =rder.T &s the
managementIs claim valid?
*A+ es, since creditability of the (#A increase is the free
and deliberate agreement and intention of the parties.
*#+ es, since the 1age =rder cannot pre9udice the
management8s vested interest in the provisions of the (#A.
*(+ "o, disallowing creditability of (#A pay increase is
within the wage boardIs authority.
*F+ "o, the (#A increase and the 1age =rder are
essentially different and are to be complied with separately.
*$4+ 1hen an employee works from 2 a.m. to 4 p.m. on a legal
holiday falling on his rest day, which of the following formulas do
you use to compute for his dayIs wage on that day?
*A+ <is regular daily wage multiplied by $665 plus 065
of the $665
*#+ <is regular daily wage multiplied by $665
*(+ <is regular daily wage plus $665
*F+ <is daily regular wage
*$:+ The employees8 rights to organiDe and to bargain collectively
are means of e%ercising the broader right to participate in policy or
decision-making processes. The employeesI right to participate in
policy and decision making processes is available
*A+ if a labor-management council e%ists.
*#+ if a labor-management council does not e%ist.
*(+ if a union e%ists and it agrees to the creation of a labor-
management council.
*F+ whether or not a labor-management council e%ists.
*$@+ &f not used by the end of the year, the service incentive leave
shall be
*A+ carried over to the ne%t year.
*#+ converted to its money e3uivalent.
*(+ forfeited.
*F+ converted to cash and paid when the employee resigns
or retires.
*$2+ An employee is "=T entitled to Rfinancial assistanceT in cases
of legal dismissal when the dismissal
*A+ is based on an offense reflecting the depraved character
of the employee.
*#+ is based on serious misconduct or breach of the
employerIs trust.
*(+ is grounded on any of the 9ust causes provided by the
'abor (ode.
*F+ when the employee has less than 16 years of service.
*$>+ &n a work-related environment, se%ual harassment is committed
when
*A+ the offender has authority, influence, or moral
ascendancy over his subordinate victim.
*#+ the victim8s continued employment is conditioned on
se%ual favor from her.
*(+ the female victim grants the demand for se%ual favor
against her will.
*F+ the victim is not hired because she turned down the
demand for se%ual favor.
*06+ Aovernment employees may elect a union as their e%clusive
representative but this right is not available to
*A+ regular employees in government instrumentalities and
agencies.
*#+ employees of government-owned and -controlled
corporations without original charters.
*(+ employees of government-owned-or-conrolled
corporations with original charters.
*F+ employees of provincial and local government units.
*01+ (elia, an =F1 that .oonshine Agency recruited and deployed,
died in -yria, her place of work. <er death was not work-related, it
appearing that she had been murdered. &nsisting that she committed
suicide, the employer and the agency took no action to ascertain the
cause of death and treated the matter as a Rclosed case.T The
workerIs family sued both the employer and the agency for moral
and e%emplary damages. .ay such damages be awarded?
*A+ es, the agency and the employer8s uncaring attitude
makes them liable for such damages.
*#+ es, but only the principal is liable for such damages
since the agency had nothing to do with (elia8s death.
*(+ "o, since her death is not at all work-related.
*F+ "o, since her death is not attributable to any act of the
agency or the employer.
*0$+ 1hen the employer or his representative hurls serious insult on
the honor or person of the employee, the law says that the employee
*A+ may leave work after at least a five-day notice to the
employer.
*#+ may leave work at any time and file for constructive
dismissal.
*(+ may leave work without giving a 06-day notice to the
employer.
*F+ may abandon his 9ob at once.
*00+ A sugar mill in 'aguna, capitaliDed at )066 million, suffered a
)16,666.66 loss last year. This year it dismissed three young female
employees who gave birth in the last three years. &n its termination
report to F='/, the sugar mill gave as reason for the dismissal
Rretrenchment because of losses.T Fid it violate any law?
*A+ es, the law on retrenchment, the sugar mill8s loses not
being substantial.
*#+ es, the law against violence committed on women and
children.
*(+ "o, e%cept the natural law that calls for the protection
and support of women.
*F+ "o, but the management action confirms suspicion that
some companies avoid hiring women because of higher
costs.
*07+ R)iece rate employeesT are those who are paid by results or
other non-time basis. As such they are "=T entitled to overtime pay
for work done beyond eight hours if
*A+ their workplace is away from the companyIs principal
place of work.
*#+ they fail to fill up time sheets.
*(+ the product pieces they do are not countable.
*F+ the piece rate formula accords with the labor
department8s approved rates.
*04+ An employer may re3uire an employee to work on the
employeeIs rest day
*A+ to avoid irreparable loss to the employer.
*#+ only when there is a state of calamity.
*(+ provided he is paid an e%tra of at least 465 of his
regular rate.
*F+ sub9ect to $7-hour advance notice to the employee.
*0:+ The -tate has a policy of promoting collective bargaining and
voluntary arbitration as modes of settling labor disputes. To this
end, the voluntary arbitrator8s 9urisdiction has not been limited to
interpretation and implementation of collective bargaining
agreements and company personnel policies. &t may e%tend to Rall
other labor disputes,T provided
*A+ the e%tension does not cover cases of union busting.
*#+ the parties agreed to such e%tended 9urisdiction.
*(+ the parties are allowed to appeal the voluntary
arbitratorIs decision.
*F+ the parties agreed in their (#A to broaden his
9urisdiction.
*0@+ )hilworld, a )=/A-licensed agency, recruited and deployed
.ike with its principal, Felta (onstruction (ompany in Fubai for a
$-year pro9ect 9ob. After he had worked for a year, Felta and
)hilworld terminated for unknown reason their agency agreement.
Felta stopped paying .ikeIs salary. 1hen .ike returned to the
)hilippines, he sued both )hilworld and Felta for unpaid salary and
damages. .ay )hilworld, the agency, be held liable?
*A+ "o, since )hilworld, the recruitment agency, is not the
employer liable for unpaid wages.
*#+ es, since the agency is e3ually liable with the foreign
principal despite the termination of their contract between
them.
*(+ es, since the law makes the agency liable for the
principal8s malicious refusal to pay .ike8s salary.
*F+ "o, since .ike did not get paid only after Felta and
)hilworld terminated their contract.
*02+ .elissa, a coffee shop worker of 4 months, re3uested her
employer for 4 daysI leave with pay to attend to the case that she
filed against her husband for physical assault two weeks earlier.
.ay the employer deny her re3uest for leave with pay?
*A+ es, the reason being purely personal, approval
depends on the employer8s discretion and is without pay.
*#+ "o, as victim of physical violence of her husband, she
is entitled to five days paid leave to attend to her action
against him.
*(+ "o, the employer must grant the re3uest but the leave
will be without pay.
*F+ es, since she is not yet a permanent employee.
*0>+ Muiel, a househelper in the 1ilson household since $66:,
resigned from his 9ob for several reasons. =ne reason was the daily
1$-hour workday without any rest day. 1hen he left his 9ob he had
unpaid wages totaling )10,466.66 which his employer refused to
pay. <e wants to claim this amount though he is not interested in
getting back his 9ob. 1here should he file his claim?
*A+ <e should file his claim with the F-1F, which will
eventually endorse it to the right agency.
*#+ -ince he has no interest in reinstatement, he can file his
claim with the office of the regional director of the
Fepartment of 'abor.
*(+ <e should file his claim e%ceeding )4,666.66 with the
office of the labor arbiters, the regional arbitrators
representing the "'G(.
*F+ <e should go to the /mployee8s (ompensation
(ommission.
*76+ For labor, the (onstitutionally adopted policy of promoting
social 9ustice in all phases of national development means
*A+ the nationaliDation of the tools of production.
*#+ the periodic e%amination of laws for the common good.
*(+ the humaniDation of laws and e3ualiDation of economic
forces.
*F+ the revision of laws to generate greater employment.
*71+ To avail himself of paternity leave with pay, when must the
male employee file his application for leave?
*A+ 1ithin one week from the e%pected date of delivery by
the wife.
*#+ "ot later than one week after his wife8s delivery or
miscarriage
*(+ 1ithin a reasonable time from the e%pected deliver
date of his wife.
*F+ 1hen a physician has already ascertained the date the
wife will give birth.
*7$+ The constitution promotes the principle of shared responsibility
between workers and employers, preferring the settlement of
disputes through
*A+ compulsory arbitration.
*#+ collective bargaining.
*(+ voluntary modes, such as conciliation and mediation.
*F+ labor-management councils.
*70+ 1hich of the following is "=T a re3uisite for entitlement to
paternity leave?
*A+ The employee is cohabiting with his wife when she
gave birth or had a miscarriage.
*#+ The employee is a regular or permanent employee.
*(+ The wife has given birth or suffered a miscarriage.
*F+ The employee is lawfully married to his wife.
*77+ =f the four grounds mentioned below, which one has been
9udicially affirmed as 9ustification for an employee8s refusal to
follow an employer8s transfer order?
*A+ A transfer to another location is not in the employeeIs
appointment paper.
*#+ The transfer deters the employee from e%ercising his
right to self-organiDation.
*(+ The transfer will greatly inconvenience the employee
and his family.
*F+ The transfer will result in additional housing and travel
e%penses for the employee.
*74+ =f the four definitions below, which one does "=T fit the
definition of Rsolo parentT under the -olo )arents 1elfare Act?
*A+ -olo parenthood while the other parent serves sentence
for at least one year.
*#+ A woman who gives birth as a result of rape.
*(+ -olo parenthood due to death of spouse.
*F+ -olo parenthood where the spouse left for abroad and
fails to give support for more than a year.
*7:+ Albert and four others signed employment contracts with Geign
)ublishers from January 1 to .arch 01, $611 to help clear up
encoding backlogs. #y first week of April $611, however, they
remained at work. =n June 06 Geign8s manager notified them that
their work would end that day. Fo they have valid reason to
complain?
*A+ "o, since fi%ed term employment, to which they
agreed, is allowed.
*#+ es, their 9ob was necessary and desirable to the
employer8s business and, therefore, they are regular
employees.
*(+ es, when they worked beyond .arch without an
e%tended fi%ed term employment contract, they became
regular employees.
*F+ "o, since the 0-month e%tension is allowed in such
employment.
*7@+ A handicapped worker may be hired as apprentice or learner,
provided
*A+ he waives any claim to legal minimum wage.
*#+ his work is limited to apprenticeable 9ob suitable to a
handicapped worker.
*(+ he does not impede 9ob performance in the operation
for which he is hired.
*F+ he does not demand regular status as an employee.
*72+ The -ecretary of 'abor and /mployment or his duly authoriDed
representative, including labor regulations officers, shall have
access to employerIs records and premises during work hours. 1hy
is this statement an inaccurate statement of the law?
*A+ #ecause the power to inspect applies only to employer
records, not to the premises.
*#+ #ecause only the -ecretary of 'abor and /mployment
has the power to inspect, and such power cannot be
delegated.
*(+ #ecause the law allows inspection anytime of the day
or night, not only during work hours.
*F+ #ecause the power to inspect is already delegated to
the F='/ regional directors, not to labor regulations
officers.
*7>+ &n industrial homework, the homeworker does at his home the
work that his employer re3uires of him, using employer-supplied
materials. &t differs from regular factory work in the sense that
*A+ the workers are not allowed to form labor
organiDations.
*#+ the workersI pay is fi%ed by informal agreement
between the workers and their employer.
*(+ the workers are under very little supervision in the
performance or method of work.
*F+ the workers are simply called Rhomeworkers,T not
Remployees,T hence not covered by the social security law.
*46+ 1hich of the following grounds e%empts an enterprise from the
service incentive leave law?
*A+ The employees already en9oy 14 days vacation leave
with pay.
*#+ The employerIs business has been suffering losses in
the past three years.
*(+ The employer regularly employs seven employees or
less.
*F+ The company is located in a special economic Done.
*41+ 1hich of the following acts is "=T considered unfair labor
practice *E')+?
*A+ Gestraining employees in the e%ercise of the right to
self-organiDation.
*#+ EnionIs interference with the employeeIs right to self-
organiDation.
*(+ Gefusal to bargain collectively with the employer.
*F+ Aross violation of the collective bargaining agreement
by the union.
*4$+ &n computing for 10th month pay, #alagtas (ompany used as
basis both the employee8s regular base pay and the cash value of his
unused vacation and sick leaves. After two and a half years, it
announced that it had made a mistake and was discontinuing such
practice. &s the management action legally 9ustified?
*A+ es, since 10th month pay should only be one-twelfth
of the regular pay.
*#+ "o, since the erroneous computation has ripened into
an established, nonwithdrawable practice.
*(+ es, an error is not a deliberate decision, hence may be
rectified.
*F+ "o, employment benefits can be withdrawn only
through a (#A negotiation.
*40+ 1here the petition for a certification election in an unorganiDed
establishment is filed by a federation, it shall "=T be re3uired to
disclose the
*A+ names of the local chapterIs officers and members.
*#+ names and addresses of the federation officers.
*(+ names and number of employees that initiated the
union formation in the enterprise.
*F+ names of the employees that sought assistance from
the federation in creating the chapter.
*47+ Ender the 'imited )ortability law, funds from the A-&- and the
--- maybe transferred for the benefit of a worker who transfers
from one system to the other. For this purpose, overlapping periods
of membership shall be
*A+ credited only once.
*#+ credited in full.
*(+ proportionately reduced.
*F+ e3ually divided for the purpose of totaliDation.
*44+ =f the four tests below, which is the most determinative of the
status of a legitimate contractor-employer?
*A+ The contractor performs activities not directly related
to the principalIs main business.
*#+ The contractor has substantial investments in tools,
e3uipment, and other devices.
*(+ The contractor does not merely recruit, supply, or place
workers.
*F+ The contractor has direct control over the employees8
manner and method of work performance.
*4:+ C (ompany8s (#A grants each employee a 17th month year-
end bonus. #ecause the company is in financial difficulty, its head
wants to negotiate the discontinuance of such bonus. 1ould such
proposal violate the Rnondiminution ruleT in the 'abor (ode?
*A+ "o, but it will certainly amount to negotiating in bad
faith.
*#+ es since the rule is that benefits already granted in a
(#A cannot be withdrawn or reduced.
*(+ "o, since the law does not prohibit a negotiated
discontinuance of a (#A benefit.
*F+ es, since such discontinuance will cancel the
en9oyment of e%isting benefits.
*4@+ "ight differential is differentiated from overtime pay in that
*A+ while overtime pay is given for overtime work done
during day or night, night differential is given only for
work done between 16,66 p.m. and :,66 a.m.
*#+ while overtime pay is paid to an employee whether on
day shift or night shift, night shift differential is only for
employees regularly assigned to night work.
*(+ while overtime pay is for work done beyond eight
hours, night differential is added to the overtime pay if the
overtime work is done between :,66 p.m. and 1$ midnight.
*F+ while overtime pay is $45 additional to the employeeIs
hourly regular wage, night differential is 165 of such
hourly wage without overtime pay.
*42+ Fifferentiate a Rlabor organiDationT from a Rlegitimate labor
organiDation.T
*A+ 1hile the employees themselves form a Rlabor
organiDation,T a Rlegitimate labor organiDationT is formed
at the initiative of a national union or federation.
*#+ 1hile the members of a Rlabor organiDationT consists
only of rank and file employees, a Rlegitimate labor
organiDationT consists of both supervisory and rank and
file employees.
*(+ 1hile a Rlabor organiDationT e%ists for a lawful
purpose, a Rlegitimate labor organiDationT must, in
addition, be registered with the labor department.
*F+ 1hile the officers in a Rlabor organiDationT are elected
in an informal way, the officers in Rlegitimate labor
organiDationT are formally elected according to the unionIs
constitution and by-laws.
*4>+ The negotiating panels for the (#A of C (ompany established
a rule that only employees of the company will seat in each panel.
&n the ne%t session, the management panel ob9ected to the presence
of the union counsel. -till the negotiation proceeded. At the ne%t
session, the management panel again ob9ected to the presence of the
union counsel as a non-observance of the Rno outsiderT rule. The
negotiation nonetheless proceeded. Foes the management panelIs
ob9ection to the presence of the union counsel constitute unfair labor
practice through bad-faith bargaining?
*A+ es, the management is harping on a non-mandatory
matter instead of proceeding with the mandatory sub9ects
of bargaining.
*#+ "o, there is no bargaining in bad faith since the
bargaining proceeded anyway.
*(+ es, the management panel has no legal basis for
limiting the composition of the union negotiating panel.
*F+ "o, since it is the union that violates the ground rules
fashioned by the parties, it is the one negotiating in bad
faith.
*:6+ 1hich of the following acts is "=T part of the regulatory and
visitorial power of the -ecretary of 'abor and /mployment over
recruitment and placement agencies? The power to
*A+ order arrest of an illegal recruiter
*#+ inspect premises, books and records
*(+ cancel license or authority to recruit
*F+ garnish recruiterIs bond
*:1+ 1here there is a bargaining deadlock, who may file a notice of
strike?
*A+ The ma9ority members of the bargaining unit.
*#+ The recogniDed bargaining agent.
*(+ Any legitimate labor organiDation in the employer8s
business.
*F+ The ma9ority members of the bargaining union.
*:$+ 1hen a recruitment agency fails to deploy a recruit without
valid reason and without the recruitIs fault, the agency is obligated
to
*A+ reimburse the recruitIs documentary and processing
e%penses.
*#+ reimburse the recruit8s e%penses with :5 interest.
*(+ pay the recruit damages e3uivalent to one year8s salary.
*F+ find another employer and deploy the recruit within 1$
months.
*:0+ 1hich of the following is an essential element of illegal
recruitment?
*A+ The recruiter demands and gets money from the recruit
but issues no receipt.
*#+ The recruiter gives the impression that he is able to
send the recruit abroad.
*(+ The recruiter has insufficient capital and has no fi%ed
address.
*F+ The recruiter has no authority to recruit.
*:7+ A group of 14 regular rank-and-file employees of #ay Gesort
formed and registered an independent union. =n hearing of this, the
management called the officers to check who the union members
were. &t turned out that the members included the probationary staff,
casuals, and the employees of the landscape contractor. The
management contends that inclusion of non-regulars and employees
of a contractor makes the union8s composition inappropriate and its
registration invalid. &s this correct?
*A+ es, union membership should be confined to direct-
hired employees of the company.
*#+ es, the Rcommunity of interestT criterion should be
observed not only in the composition of a bargaining unit
but also in the membership of a union.
*(+ es, a union must have community of interest! the non-
regulars do not have such interest.
*F+ "o, union membership may include non-regulars since
it differs from membership in a bargaining unit.
*:4+ 1hich is "=T a guideline for the dismissal of an employee on
the ground of Rloss of confidenceT?
*A+ 'oss of confidence may not be arbitrarily invoked in
the face of overwhelming evidence to the contrary.
*#+ 'oss of confidence as cause of dismissal should be
e%pressly embodied in written company rules.
*(+ The employee holds a position of trust and confidence.
*F+ 'oss of confidence should not be simulated nor a mere
afterthought to 9ustify earlier action taken in bad faith.
*::+ )edring, Faniel, and )aul were employees of Felibakery who
resigned from their 9obs but wanted to file money claims for unpaid
wages and 10th month pay. )edring8s claim totals )$6,666.66,
Faniel8s )0,666.66, and )aul8s )$$,666.66. Faniel changed his
mind and now also wants reinstatement because he resigned only
upon the instigation of )edring and )aul. 1here should they file
their claims?
*A+ 1ith the F='/ regional director for )edring and
)aul8s claims with no reinstatement! with the labor arbiter
for Faniel8s claim with reinstatement.
*#+ 1ith the =ffice of the Gegional Firector of the
Fepartment of 'abor for all claims to avoid multiplicity of
suits.
*(+ 1ith a labor arbiter for all three complainants.
*F+ 1ith the F='/ Gegional Firector provided they are
consolidated for e%pediency.
*:@+ &n a scenario like typhoon =ndoy, who may be re3uired by the
employer to work overtime when necessary to prevent loss of life or
property?
*A+ <ealth personnel
*#+ /mployees with first aid training
*(+ -ecurity and safety personnel
*F+ Any employee
*:2+ The management and Enion C in Atisan .ining entered into a
(#A for 1>>@ to $661. After : months, a ma9ority of the members
of Enion C formed Enion and sought management recognition.
The latter responded by not dealing with either union. #ut, when the
(#A8s economic provisions had to be renegotiated towards the end
of the term of the (#A, the management chose to negotiate with
Enion , the newer union. Thus, Enion C which negotiated the
e%isting (#A charged the company with unfair labor practice
*E')+. The company argued that it committed no unfair labor
practice since the supposed violation had nothing to do with
economic provisions of the (#A. &s the management right?
*A+ "o. Gefusal to comply with the (#A8s economic
provisions is not the only ground for E')! a disregard of
the entire (#A by refusing to renegotiate with the
incumbent bargaining agent is also E'),
*#+ es. "o unfair labor practice was committed because
the supposed violation has nothing to do with economic
provisions of the (#A.
*(+ es. The management commits no E') when it
decided to renegotiate with the numerically ma9ority union.
*F+ es. A (#A violation amounts to E') only if the
violation is Rgross,T meaning flagrant or malicious refusal
to comply with the (#A8s economic provisions which is
not the case here.
*:>+ The apprenticeship program should be supplemented by
theoretical instruction to be given by
*A+ the apprenticeIs school only where the apprentice is
formally enrolled as a student.
*#+ the employer if the apprenticeship is done in the plant.
*(+ the civic organiDations that sponsor the program.
*F+ the Fepartment of 'abor and /mployment.
*@6+ The -ecurities and /%change (ommission approved a merger
that allowed #road #ank to absorb the assets and liabilities of
/#ank. #road #ank also absorbed /#ank8s rank-and-file employees
without change in tenure, salary, and benefits. #road #ank was
unioniDed but /#ank was not. The #road #ank bargaining union
re3uested the management to implement the union security clause in
their (#A by re3uiring the e%-/#ank employees to 9oin the union.
Foes the union security clause in the #road #ank (#A bind the e%-
/#ank employees?
*A+ "o, since the e%-/#ank employees were not yet #road
#ank employees when that (#A was entered into.
*#+ "o, #road #ank8s absorption of e%-/#ank employees
was not a re3uirement of law or contract! hence, the (#A
does not apply.
*(+ es, #road #ank8s absorption of e%-/#ank employees
automatically makes the latter union members of #road
#ank8s bargaining union.
*F+ es, since the right not to 9oin a labor union is
subordinate to the policy of unionism that encourages
collective representation and bargaining.
*@1+ The employer must observe both substantive and procedural
due process when dismissing an employee. &f procedural due
process is not observed, the dismissal will be regarded as
*A+ defective! the dismissal process has to be repeated.
*#+ an abuse of employerIs discretion, rendering the
dismissal void.
*(+ ineffectual! the dismissal will be held in abeyance.
*F+ legal and valid but the employer will be liable for
indemnity.
*@$+ .ario, an e%pert aircon technician, owns and manages a small
aircon repair shop with little capital. <e employs one full-time and
two part-time technicians. 1hen they do repair work in homes or
offices, their clients do not tell them how to do their 9obs since they
are e%perts in what they do. The shop is shabby, merely rented, and
lies in a small side street. .ario and the other technicians regard
themselves as informal partners. They receive no regular salary and
only earn commissions from service fees that clients pay. To what
categories of workers do they fall?
*A+ 'abor-only contractors
*#+ Job contractors
*(+ )akyaw workers
*F+ .anpower agency contractors
*@0+ <ow often should the collected service charges be distributed
to employees in hotels and restaurants?
*A+ /very end of the month
*#+ /very two weeks
*(+ /very week
*F+ At the end of each work day
*@7+ 1hich of the following conditions 9ustifies a licensed
employment agency to charge and collect fees for employment
assistance?
*A+ The recruit has submitted his credentials to the
employment agency.
*#+ The )=/A has approved the agencyIs charges and fees.
*(+ The agencyIs principal has interviewed the applicant
for the 9ob.
*F+ The worker has obtained employment through the
agencyIs efforts.
*@4+ Furing the (#A negotiation the management panel proposed a
redefinition of the Rrank-and-fileT bargaining unit to e%clude R<G
-pecialistT in the human resource department and RAnalystT in the
research and development department. The union panel ob9ected
since those affected have already been included in the bargaining
unit covered by the e%isting (#A and so could no longer be
e%cluded. &s the union correct in insisting that their e%clusion would
amount to bad faith on the part of the management panel?
*A+ "o, efforts to modify an e%isting (#A do not
constitute bad faith if such modification does not diminish
employment benefits.
*#+ es, the proposed e%clusion amounts to management8s
violation of its duty to bargain because it disregards the
bargaining history between the parties.
*(+ es, once the coverage of the bargaining unit has been
contractually defined, it can no longer be redefined.
*F+ "o, bargaining history is not the only factor that
determines the coverage of the bargaining unit! seeking its
redefinition is not negotiating in bad faith.
2010 LABOR LAW BAR EXAM
TRUE OR FALSE. /%plain your answer briefly.
1. Feeds of release, waivers and 3uitclaims are always valid and
binding. *$5+
$. The relations between employer and employee are purely
contractual in nature. *$5+
0. As a general rule, direct hiring of =verseas Filipino 1orkers
*=F1s+ is not allowed. *$5+
II
Fistinguish the terms Rconciliation,T RmediationT and Rarbitration.T
*05+
a. Fifferentiate Rsurface bargainingT from Rblue-sky
bargaining.T *$5+
III
A, single, has been an active member of the -ocial -ecurity -ystem
for the past $6 months. -he became pregnant out of wedlock and on
her @th month of pregnancy, she was informed that she would have
to deliver the baby through caesarean section because of some
complications. (an A claim maternity benefits? &f yes, how many
days can she go on maternity leave? &f not, why is she not entitled?
*05+
IV
A, a worker at A#( (ompany, was on leave with pay on .arch 01,
$616. <e reported for work on April 1 and $, .aundy Thursday and
Aood Friday, respectively, both regular holidays. &s A entitled to
holiday pay for the two successive holidays? /%plain. *05+
V
(ompany C; has two recogniDed labor unions, one for its rank-
and-file employees *GF'E+, and one for supervisory employees
*-/'E+. =f late, the company instituted a restructuring program by
virtue of which A, a rank-and-file employee and officer of GF'E,
was promoted to a supervisory position along with four *7+ other
colleagues, also active union members andHor officers. 'abor Enion
B.J, a rival labor union seeking recognition as the rank-and-file
bargaining agent, filed a petition for the cancellation of the
registration of GF'E on the ground that A and her colleagues have
remained to be members of GF'E. &s the petition meritorious?
/%plain. *05+
VI
A is a member of the labor union duly recogniDed as the sole
bargaining representative of his company. Fue to a bargaining
deadlock, $74 members of the 466-strong union voted on .arch 10,
$616 to stage a strike. A notice of strike was submitted to the
"ational (onciliation and .ediation #oard on .arch 1:, $616.
-even days later or on .arch $0, $616, the workers staged a strike
in the course of which A had to leave and go to the hospital where
his wife had 9ust delivered a baby. The union members later
intimidated and barred other employees from entering the work
premises, thus paralyDing the business operations of the company.
A was dismissed from employment as a conse3uence of the strike.
a. 1as the strike legal? /%plain. *05+
b. 1as A8s dismissal valid? 1hy or why not? *05+
VII
A was an able seaman contracted by A#( Gecruitment Agency for
its foreign principal, -eaworthy -hipping (ompany *--(+. <is
employment contract provided that he would serve on board the
Almieda && for eight *2+ months with a monthly salary of E-U746.
&n connection with his employment, he signed an undertaking to
observe the drug and alcohol policy which bans possession or use of
all alcoholic beverages, prohibited substances and un-prescribed
drugs on board the ship. The undertaking provided that, *1+
disciplinary action including dismissal would be taken against
anyone in possession of the prohibited substances or who is
impaired by the use of any of these substances, and *$+ to enforce
the policy, random test sampling would be done on all those on
board the ship.
=n his third month of service while the Almieda && was docked at a
foreign port, a random drug test was conducted on all members of
the crew and A tested positive for mari9uana. <e was given a copy
of the drug test result. &n compliance with the company8s directive,
he submitted his written e%planation which the company did not
find satisfactory. A month later, he was repatriated to the
)hilippines.
Epon arrival in the )hilippines, A filed with the "ational 'abor
Gelations (ommission *"'G(+ a complaint against the agency and
the principal for illegal dismissal with a claim for salaries for the
une%pired portion of his contract.
a. 1as A8s dismissal valid? /%plain. *05+
b. &s his claim for salaries for the une%pired portion of his
contract tenable? /%plain. *05+
VIII
A#( company and E labor union have been negotiating for a new
(ollective #argaining Agreement *(#A+ but failed to agree on
certain economic provisions of the e%isting agreement. &n the
meantime, the e%isting (#A e%pired. The company thereafter
refused to pay the employees their midyear bonus, saying that the
(#A which provided for the grant of midyear bonus to all company
employees had already e%pired. Are the employees entitled to be
paid their midyear bonus? /%plain your answer. *05+
IX
A was working as a medical representative of GC pharmaceutical
company when he met and fell in love with #, a marketing strategist
for Felta Frug (ompany, a competitor of GC. =n several occasions,
the management of GC called A8s attention to the stipulation in his
employment contract that re3uires him to disclose any relationship
by consanguinity or affinity with coemployees or employees of
competing companies in light of a possible conflict of interest. A
seeks your advice on the validity of the company policy. 1hat
would be your advice? *05+
X
A, an employee of C; (ooperative, owns 466 shares in the
cooperative. <e has been asked to 9oin the C; (ooperative
/mployees Association. <e seeks your advice on whether he can
9oin the association. 1hat advice will you give him? *05+
XI
#ecause of continuing financial constraints, C;, &nc. gave its
employees the option to voluntarily resign from the company. A was
one of those who availed of the option. =n =ctober 4, $66@, he was
paid separation benefits e3uivalent to seven *@+ months pay for his
si% *:+ years and seven *@+ months of service with the company and
he e%ecuted a waiver and 3uitclaim.
A week later, A filed against C;, &nc. a complaint for illegal
dismissal. 1hile he admitted that he was not forced to sign the
3uitclaim, he contended that he agreed to tender his voluntary
resignation on the belief that C;, &nc. was closing down its
business. C;, &nc., however, continued its business under a
different company name, he claimed.
Gule on whether the 3uitclaim e%ecuted by A is valid or not.
/%plain. *05+
XII
=n Fecember 1$, $662, A signed a contract to be part of the crew of
A#( (ruises, &nc. through its )hilippine manning agency C;.
Ender the standard employment contract of the )hilippine =verseas
/mployment Administration *)=/A+, his employment was to
commence upon his actual departure from the port in the point of
hire, .anila, from where he would take a flight to the E-A to 9oin
the cruise ship R.- (arnegie.T <owever, more than three months
after A secured his e%it clearance from the )=/A for his supposed
departure on January 14, $66>, C; still had not deployed him for
no valid reason.
&s A entitled to relief? /%plain. *05+
XIII
A is employed by C; (ompany where C; /mployees Enion
*C;-/E+ is the recogniDed e%clusive bargaining agent. Although
A is a member of rival union CG-.E, he receives the benefits
under the (#A that C;-/E had negotiated with the company.
C;-/E assessed A a fee e3uivalent to the dues and other fees paid
by its members but A insists that he has no obligation to pay said
dues and fees because he is not a member of C;V/E and he has
not issued an authoriDation to allow the collection. /%plain whether
his claim is meritorious. *05+
+ART II
XIV
After working from 16 a.m. to 4 p.m. on a Thursday as one of 4,666
employees in a beer factory, A hurried home to catch the early
evening news and have dinner with his family. At around 16 p.m. of
the same day, the plant manager called and ordered A to fill in for (
who missed the second shift.
a. .ay A validly refuse the plant manager8s directive?
/%plain. *$5+
b. Assuming that A was made to work from 11 p.m. on
Thursday until $ a.m. on Friday, may the company argue
that, since he was two hours late in coming to work on
Thursday morning, he should only be paid for work
rendered from 1 a.m. to $ a.m.? /%plain? *05+
XV
-amahang .anggagawa ng Terracota, a union of supervisory
employees at Terracota &nc., recently admitted a member of the
company8s managerial staff, A, into the union ranks.
a. -hould A be a member of the supervisory union? /%plain.
*$5+
b. Assuming that A is ineligible to 9oin the union, should the
registration of -amahang .anggagawa ng Terracota be
cancelled? /%plain. *05+
XVI
=n the first day of collective bargaining negotiations between rank-
and-file Enion A and # #us (ompany, the former proposed a
)74Hday increase. The company insisted that ground rules for
negotiations should first be established, to which the union agreed.
After agreeing on ground rules on the second day, the union
representatives reiterated their proposal for a wage increase. 1hen
company representatives suggested a discussion of political
provisions in the (ollective #argaining Agreement as stipulated in
the ground rules, union members went on mass leave the ne%t day to
participate in a whole-day prayer rally in front of the company
building.
a. The company filed a petition for assumption of 9urisdiction
with the -ecretary of 'abor and /mployment. The Enion
opposed the petition, arguing that it did not intend to stage
a strike. -hould the petition be granted? /%plain. *$5+
b. The Enion contended that assuming that the mass leave
will be considered as a strike, the same was valid because
of the refusal of the company to discuss the economic
provisions of the (#A. Gule on the contention. *$5+
c. Enion member AA, a pastor who headed the prayer rally,
was served a notice of termination by management after it
filed the petition for assumption of 9urisdiction. .ay the
company validly terminate AA? /%plain. *$5+
XVII
A was hired to work in a sugar plantation performing such tasks as
weeding, cutting and loading canes, planting cane points, fertiliDing
and cleaning the drainage. #ecause his daily presence in the field
was not re3uired, A also worked as a houseboy at the house of the
plantation owner. For the ne%t planting season, the owner decided
not to hire A as a plantation worker but as a houseboy instead.
Furious, A filed a case for illegal dismissal against the plantation
owner. Fecide with reason. *05+
XVIII
Flight attendant A, five feet and si% inches tall, weighing 1@6
pounds ended up weighing $$6 pounds in two years. )ursuant to the
long standing (abin and (rew Administration .anual of the
employer airline that set a 17@-pound limit for A8s height,
management sent A a notice to Rshape up or ship outT within :6
days. At the end of the :6-day period, A reduced her weight to $64
pounds. The company finally served her a "otice of Administration
(harge for violation of company standards on weight re3uirements.
-hould A be dismissed? /%plain. *05+
XIX
-everal employees and members of Enion A were terminated by
1estern )hone (o. on the ground of redundancy. After complying
with the necessary re3uirements, the Enion staged a strike and
picketed the premises of the company. The management then filed a
petition for the -ecretary of 'abor and /mployment to assume
9urisdiction over the dispute. 1ithout the benefit of a hearing, the
-ecretary issued an =rder to assume 9urisdiction and for the parties
to revert to the status 3uo ante litem.
a. 1as the order to assume 9urisdiction legal? /%plain. *$5+
b. Ender the same set of facts the -ecretary instead issued an
=rder directing all striking workers to return to work
within $7 hours, e%cept those who were terminated due to
redundancy. 1as the =rder legal? /%plain. *05+
XX
A, a driver for a bus company, sued his employer for nonpayment of
commutable service incentive leave credits upon his resignation
after five years of employment. The bus company argued that A was
not entitled to service incentive leave since he was considered a
field personnel and was paid on commission basis and that, in any
event, his claim had prescribed. &f you were the 'abor Arbiter, how
would you rule? /%plain. *:5+
XXI
A was approached for possible overseas deployment to Fubai by C,
an interviewer of 9ob applicants for Alpha )ersonnel -ervices, &nc.,
an overseas recruitment agency. C re3uired A to submit certain
documents *passport, "#& clearance, medical certificate+ and to pay
)$4,666 as processing fee. Epon payment of the said amount to the
agency cashier, A was advised to wait for his visa. After five
months, A visited the office of Alpha )ersonnel -ervices, &nc.
during which C told him that he could no longer be deployed for
employment abroad. A was informed by the )hilippine =verseas
/mployment Administration *)=/A+ that while Alpha )ersonnel
-ervices, &nc. was a licensed agency, C was not registered as its
employee, contrary to )=/A Gules and Gegulations. Ender )=/A
Gules and Gegulations, the obligation to register personnel with the
)=/A belongs to the officers of a recruitment agency.
a. .ay C be held criminally liable for illegal recruitment?
/%plain. *$5+
b. .ay the officers having control, management or direction
of Alpha )ersonnel -ervices, &nc. be held criminally liable
for illegal recruitment? /%plain. *05+
XXII
A was recruited to work abroad by -peedy Gecruitment Agency as a
technician for a -audi Arabian construction firm, with a monthly
salary of U:46.66. 1hen she got to the construction site, the
employer compelled her to sign another contract that referred her to
another employer for a salary of U046.66. -he worked for the
second employer and was paid U046.66 until her two-year contract
e%pired. Epon her return to the )hilippines, she filed a case against
the agency and the two employers. .ay the agency validly raise the
defense that it was not privy to the transfer of A to the second
employer? /%plain. *05+
XXIII
A worked as a roomboy in 'a .allorca <otel. <e sued for
underpayment of wages before the "'G(, alleging that he was paid
below the minimum wage. The employer denied any underpayment,
arguing that based on long standing, unwritten policy, the <otel
provided food and lodging to its housekeeping employees, the costs
of which were partly shouldered by it and the balance was charged
to the employees. The employees8 corresponding share in the costs
was thus deducted from their wages. The employer concluded that
such valid deduction naturally resulted in the payment of wages
below the prescribed minimum. &f you were the 'abor Arbiter, how
would you rule? /%plain. *05+
XXIV. Gank-and-file workers from )eacock Feathers, a company
with 1$6 employees, registered their independent labor organiDation
with the Fepartment of 'abor and /mployment *F='/+ Gegional
=ffice. .anagement countered with a petition to cancel the union8s
registration on the ground that the minutes of ratification of the
union constitution and by-laws submitted to the F='/ were
fraudulent. -pecifically, management presented affidavits of ten
*16+ out of forty *76+ individuals named in the list of union
members who participated in the ratification, alleging that they were
not present at the supposed January 1, $616 meeting held for the
purpose. The union argued that the stated date of the meeting should
have read RJanuary 11, $616,T instead of RJanuary 1, $616,T and
that, at any rate, the other thirty *06+ union members were enough to
register a union. Fecide with reason. *05+
XXV. (ompany (, a toy manufacturer, decided to ban the use of
cell phones in the factory premises. &n the pertinent .emorandum,
management e%plained that too much te%ting and phone-calling by
employees disrupted company operations. Two employeesmembers
of Enion C were terminated from employment due to violation of
the memorandum-policy. The union countered with a prohibitory
in9unction case *with prayer for the issuance of a temporary
restraining order+ filed with the Gegional Trial (ourt, challenging
the validity and constitutionality of the cell phone ban. The
company filed a motion to dismiss, arguing that the case should be
referred to the grievance machinery pursuant to an e%isting
(ollective #argaining Agreement with Enion C, and eventually to
Qoluntary Arbitration. &s the company correct? /%plain. *05+
NOTHING FOLLOWS.
200, LABOR LAW BAR EXAM QUESTIONS
+ART I
I
TRUE %! FALSE. Answer TGE/ if the statement is true, or
FA'-/ if the statement is false. /%plain your answer in not more
than two *$+ sentences. *45+
a. An employment contract prohibiting employment in a
competing company within one year from separation is
valid.
b. All confidential employees are dis3ualified to unioniDe for
the purpose of collective bargaining.
c. A runaway shop is an act constituting unfair labor practice.
d. &n the law on labor relations, the substitutionary doctrine
prohibits a new collective bargaining agent from
repudiating an e%isting collective bargaining agreement.
e. The visitorial and enforcement powers of the F='/
Gegional Firector to order and enforce compliance with
labor standard laws can be e%ercised even when the
individual claim e%ceeds )4,666.66.
II
a. /numerate at least four *7+ policies enshrined in -ection 0,
Article C&&& of the (onstitution that are not covered by
Article 0 of the 'abor (ode on declaration of basic policy.
*$5+
b. (larito, an employee of Juan, was dismissed for allegedly
stealing Juan8s wristwatch. &n the illegal dismissal case
instituted by (larito, the 'abor Arbiter, citing Article 7 of
the 'abor (ode, ruled in favor of (larito upon finding
Juan8s testimony doubtful. =n appeal, the "'G( reversed
the 'abor Arbiter holding that Article 7 applies only when
the doubt involves ?implementation and interpretation? of
the 'abor (ode provisions. The "'G( e%plained that the
doubt may not necessarily be resolved in favor of labor
since this case involves the application of the Gules
on/vidence, not the 'abor (ode. &s the "'G( correct?
Geasons. *05+
III
Gichie, a driver-mechanic, was recruited by -upreme Gecruiters
*-G+ and its principal, .ideast Gecruitment Agency *.GA+, to
work in Matar for a period of two *$+ years. <owever, soon after the
contract was approved by )=/A, .GA advised -G to forego
Gichie8s deployment because it had already hired another Filipino
driver-mechanic, who had 9ust completed his contract in Matar.
Aggrieved, Gichie filed with the "'G( a complaint against -G and
.GA for damages corresponding to his two years8 salary under the
)=/A-approved contract.
-G and .GA traversed Gichie8s complaint, raising the following
arguments,
a. The 'abor Arbiter has no 9urisdiction over the case! *$5+
b. #ecause Gichie was not able to leave for Matar, no
employer-employee relationship was established between
them! *$5+ and
c. /ven assuming that they are liable, their liability would, at
most, be e3uivalent to Gichie8s salary for only si% *:+
months, not two years. *05+.
Gule on the validity of the foregoing arguments with reasons.
IV
Fiosdado, a carpenter, was hired by #uilding &ndustries (orporation
*#&(+, and assigned to build a small house in Alabang. <is contract
of employment specifically referred to him as a ?pro9ect employee,?
although it did not provide any particular date of completion of the
pro9ect.
&s the completion of the house a valid cause for the termination of
Fiosdado8s employment? &f so, what are the due process
re3uirements that the #&( must satisfy? &f not, why not? *05+
V
a. #aldo was dismissed from employment for having
beenabsent without leave *A1='+ for eight *2+ months. &t
turned outthat the reason for his absence was his
incarceration after he was mistaken as his neighbor8s killer.
/ventually ac3uitted and released from 9ail, #aldo returned
to his employer and demanded reinstatement and full
backwages. &s #aldo entitled to reinstatement and
backwages? /%plain your answer. *05+
b. Fomingo, a bus conductor of -an Juan Transportation
(ompany, intentionally did not issue a ticket to a female
passenger, Bim, his long-time crush. As a result, Fomingo
was dismissed from employment for fraud or willful
breach of trust. Fomingo contests his dismissal, claiming
that he is not a confidential employee and, therefore,
cannot be dismissed from the service for breach of trust. &s
Fomingo correct? Geasons. *$5+
VI
Albert, a 76-year old employer, asked his domestic helper, &nday, to
give him a private massage. 1hen &nday refused, Albert showed her
Article 171 of the 'abor (ode, which says that one of the duties of a
domestic helper is to minister to the employer8s personal comfort
and convenience.
a. &s &nday8s refusal tenable? /%plain. *05+
b. Fistinguish briefly, but clearly, a ?househelper? from a
?homeworker.? *$5+
VII
Johnny is the duly elected )resident and principal union organiDer
of the "agkakaisang .anggagawa ng .anila Gestaurant *"..G+,
a legitimate labor organiDation. <e was unceremoniously dismissed
by management for spending virtually >45 of his working hours in
union activities. =n the same day Johnny received the notice of
termination, the labor union went on strike.
.anagement filed an action to declare the strike illegal, contending
that,
a. The union did not observe the ?cooling-off period?
mandated by the 'abor (ode! *$5+ and
b. The union went on strike without complying with the
strike-vote re3uirement under the 'abor (ode. *$5+
Gule on the foregoing contentions with reasons.
c. The 'abor Arbiter found management guilty of unfair labor
practice for the unlawful dismissal of Johnny. The decision
became final. Thereafter, the "..G filed a criminal case
against the .anager of .anila Gestaurant. 1ould the
'abor Arbiter8s finding be sufficient to secure the
.anager8s conviction? 1hy or why not? *$5+
VIII
Ale%ander, a security guard of Jaguar -ecurity Agency *J-A+, could
not be given any assignment because no client would accept him.
<e had a face only a mother could love. After si% *:+ months of
being on ?floating? status, Ale%ander sued J-A for constructive
dismissal. The 'abor Arbiter upheld Ale%ander8s claim of
constructive dismissal and ordered J-A to immediately reinstate
Ale%ander. J-A appealed the decision to the "'G(. Ale%ander
sought immediate enforcement of the reinstatement order while the
appeal was pending.
J-A hires you as lawyer, and seeks your advice on the following,
a. #ecause J-A has no client who would accept Ale%ander,
can it still be compelled to reinstate him pending appeal
even if it has posted an appeal bond? *$5+
b. (an the order of reinstatement be immediately enforced in
the absence of a motion for the issuance of a writ of
e%ecution? *$5+
c. &f the order of reinstatement is being enforced, what should
J-A do in order to prevent reinstatement? *$5+
/%plain your answers.
IX
a. 1hat is wage distortion? (an a labor union invoke wage
distortion as a valid ground to go on strike? /%plain. *$5+
b. 1hat procedural remedies are open to workers who seek
correction of wage distortion? *$5+
X
a. -tate briefly the compulsory coverage of the Aovernment
-ervice &nsurance Act. *$5+
b. (an a member of a cooperative be deemed an employee for
purposes of compulsory coverage under the -ocial -ecurity
Act? /%plain. *$5+
+ART II
XI
TRUE %! FALSE. Answer TGE/ if the statement is true, or
FA'-/ if the statement is false. /%plain your answer in not more
than two *$+ sentences. *45+
a. -eafarers who have worked for twenty *$6+ years on board
the same vessel are regular employees.
b. /mployment of children below fifteen *14+ years of age in
any public or private establishment is absolutely
prohibited.
c. Aovernment employees have the right to organiDe and 9oin
concerted mass actions without incurring administrative
liability.
d. A waiver of the right to claim overtime pay is contrary to
law.
e. Agency fees cannot be collected from a non-union member
in the absence of a written authoriDation signed by the
worker concerned.
XII
&n her -tate of the "ation Address, the )resident stressed the need to
provide an investor-friendly business environment so that the
country can compete in the global economy that now suffers from a
crisis bordering on recession. Gesponding to the call, (ongress
passed two innovative legislative measures, namely, *1+ a law
abolishing the security of tenure clause in the 'abor (ode! and *$+ a
law allowing contractualiDation in all areas needed in the
employer8s business operations. <owever, to soften the impact of
these new measures, the law re3uires that all employers shall obtain
mandatory unemployment insurance coverage for all their
employees.
The constitutionality of the two *$+ laws is challenged in court. As
9udge, how will you rule? *45+
XIII
Atty. Genan, a ()A-lawyer and .anaging )artner of an accounting
firm, conducted the orientation seminar for newly-hired employees
of the firm, among them, .iss .aganda. After the seminar, Genan
re3uested .aganda to stay, purportedly to discuss
some work assignment. 'eft alone in the training room, Genan
asked .aganda to go out with him for dinner and ballroom dancing.
Thereafter, he persuaded her to accompany him to the mountain
highway in Antipolo for sight-seeing. Furing all these, Genan told
.aganda that most, if not all, of the lady supervisors in the firm are
where they are now, in very productive and lucrative posts, because
of his favorable endorsement.
a. Fid Genan commit acts of se%ual harassment in a work-
related or employment environment? Geasons. *05+
b. The lady supervisors in the firm, slighted by Genan8s
revelations about them, succeeded in having him e%pelled
from the firm. Genan then filed with the Arbitration #ranch
of the "'G( an illegal dismissal case with claims for
damages against the firm. 1ill the case prosper? Geasons.
*$5+
C&Q
Jolli-.ac Gestaurant (ompany *Jolli-.ac+ owns and operates the
largest food chain in the country. &t engaged .atiyaga .anpower
-ervices, &nc. *..-&+, a 9ob contractor registered with the
Fepartment of 'abor and /mployment, to provide its restaurants the
necessary personnel, consisting of cashiers, motorcycle delivery
boys and food servers, in its operations. The -ervice Agreement
warrants, among others, that ..-& has a paid- up capital of
)$,666,666.66! that it would train and determine the 3ualification
and fitness of all personnel to be assigned to Jolli- .ac! that it
would provide these personnel with proper Jolli-.ac uniforms! and
that it is e%clusively responsible to these personnel for their
respective salaries and all other mandatory statutory benefits.
After the contract was signed, it was revealed, based on research
conducted, that ..-& had no other clients e%cept Jolli- .ac, and
one of its ma9or owners was a member of the #oard of Firectors of
Jolli-.ac.
a. &s the -ervice Agreement between Jolli-.ac and ..-&
legal and valid? 1hy or why not? *05+
b. &f the cashiers, delivery boys and food servers are not paid
their lawful salaries, including overtime pay, holiday pay,
10th month pay, and service incentive leave pay, against
whom may these workers file their claims? /%plain. *$5+
XV
Among the 766 regular rank-and-file workers of ."= (ompany, a
certification election was ordered conducted by the .ed-Arbiter of
the Gegion. The contending parties obtained the following votes,
1. Enion A - @6
$. Enion # - @1
0. Enion ( - 7$
7. Enion F - 00
4. "o union - 126
:. -poiled votes - 7
There were no ob9ections or challenges raised by any party on the
results of the election.
a. (an Enion # be certified as the sole and e%clusive
collective bargaining agent among the rank-and-file
workers of ."= (ompany considering that it garnered the
highest number of votes among the contending unions?
1hy or why not? *05+
b. .ay the management or lawyer of ."= (ompany legally
ask for the absolute termination of the certification election
proceedings because 126 of the workers --- a clear plurality
of the voters --- have chosen not to be represented by any
union? Geasons. *05+
c. &f you were the duly designated election officer in this
case, what would you do to effectively achieve the purpose
of certification election proceedings? Fiscuss. *05+
XVI
The (ompany and Triple-C Enion, the certified bargaining agent of
rank-and-file employees, entered into a (ollective #argaining
Agreement *(#A+ effective for the period January 1, $66$ to
Fecember 01, $66@.
For the 7th and 4th years of the (#A, the significant
improvements in wages and other benefits obtained by the Enion
were,
1+ -alary increases of )1,666 and )1,$66 monthly,
effective January 1, $66: and January 1, $66@,
respectively!
$+ Qacation 'eave and -ick 'eave were ad9usted from 1$
days to 14 days annually for each employee!
0+ .edical subsidy of )0,666 per year for the purchase of
medicines and hospitaliDation assistance of )16,666 per
year for actual hospital confinement!
7+ Gice -ubsidy of ):66 per month, provided the employee
has worked for at least $6 days within the particular month!
and
4+ #irthday 'eave with )ay and #irthday Aift of )1,466.
As early as =ctober $66@, the (ompany and the Enion started
negotiations to renew the (#A. Fespite mutual good faith and
earnest efforts, they could not agree. <owever, no union filed a
petition for certification election during the freedom period. =n
.arch 06, $662, no (#A had been concluded. .anagement learned
that the Enion would declare a bargaining deadlock on the ne%t
scheduled bargaining meeting.
As e%pected, on April 0, $662, the Enion declared a deadlock. &n the
afternoon of the same day, management issued a formal
announcement in writing, posted on the bulletin board, that due to
the (#A e%piration on Fecember 01, $66@, all fringe benefits
contained therein are considered withdrawn and can no longer be
implemented, effective immediately.
a. 1hen was the ?freedom period? referred to in the
foregoing narration of facts? /%plain. *$5+
b. After April 0, $662, will a petition for certification election
filed by another legitimate labor union representing the
rank-and-file employees legally prosper? Geasons. *05+
c. &s management8s withdrawal of the fringe benefits valid?
Geasons. *$5+
d. &f you were the lawyer for the union, what legal recourse or
action would you advise? Geasons. *05+
XVII
Alfredo was dismissed by management for serious misconduct. <e
filed suit for illegal dismissal, alleging that although there may be
9ust cause, he was not afforded due process by management prior to
his termination. <e demands reinstatement with full backwages.
a. 1hat are the twin re3uirements of due process which the
employer must observe in terminating or dismissing an
employee? /%plain. *05+
b. &s Alfredo entitled to reinstatement and full backwages?
1hy or why not? *05+
XVIII
a. (ite four *7+ instances when an illegally dismissed
employee may be awarded separation pay in lieu of
reinstatement. *05+
b. /%plain the impact of the union security clause to the
employees8 right to security of tenure. *$5+
-NOTHING FOLLOWS-
200- LABOR LAW BAR QUESTIONS
- & -
a. /%plain the automatic renewal clause of collective
bargaining agreements. *05+
b. /%plain the e%tent of the workers right to participate in
policy and decision-making process as provided under
Article C&&&, -ection 0 of the )hilippine (onstitution. Foes
it include membership in the #oard of Firectors of a
corporation? *05+
- && -
a. 1hat issues or disputes may be the sub9ect of voluntary
arbiration under the 'abor (ode? *75+
b. (an a dispute falling within the e%clusive 9urisdiction of
the 'abor Arbiter be submitted to voluntary arbiration?
1hy or why not? *05+
c. (an a dispute falling within the 9urisdiction of a voluntary
arbitrator be submitted to compulsory arbitration? 1hy or
why not? *05+
- &&& -
-avoy Fepartment -tore *-F-+ adopted a policy of hiring
salesladies on five-month cycles. At the end of a salesladyIs five-
month term, another person is hired as replacement. -alesladies
attend to store customers, were -F- uniforms, report at specified
hours, and are sub9ect to -F- workplace rules and regulations.
Those who refuse the 4-month employment contract are not hired.
The day after e%piration of her 4-month engagement, 'ina wore her
-F- white and blue uniform and reported for work but was denied
entry into the store premises. Agitated, she went on a hunger strike
and stationed herself in front of one of the gates of -F-. -oon
thereafter, other employees whose 4-month term had also elapsed,
9oined 'inaIs hunger strike.
a. 'ina and $6 other saleladies filed a complaint for illegal
dismissal, conteding that they are -F- regular employees
as they performed activities usually necessary or desirable
in the usual business or trade of -F- and thus, their
constitutional right to security of tenure was violated when
they were dismissed without valid, 9ust or authoriDed
cause. -F-, in defense, argued that 'ina, et al. Agreed -
prior to engagement - to a fi%ed period employment and
thus waived their right to a full-term tenure. Fecide the
dispute. *75+
b. The owner of -F- considered the hunger strike staged by
'ina, et al.., an eyesore and disruptive of -F- business. <e
wrote the -ecretary of 'abor a letter asking him to assume
9urisdiction over the dispute and en9oin the hunger ?strike?.
1hat answer will you give if you were the -ecretary of
'abor? *05+
c. Assume that no fi%ed-term worker complained, yet in a
routine inspection a labor inspector of the Gegional =ffice
of the 'abor (odeIs security of tenure provisions and
recommended to the Gegional Firector the issuance a
compliance order. The Gegional Firector adopted the
recommendation and issued a compliance order. &s the
compliance order valid? /%plain your answer. *05+
- &Q -
-uper (omfort <otel employed a regular pool of ?e%tra waiters?
who are called or asked to report for duty when the <otelIs volume
of business is beyond the capacity of the regularly employed waiters
to undertake. )edro has been an ?e%tra waiter? for more than 16
years. <e is also called upon to work on weekends, on holidays and
when there are big affairs at the hotel.
1hat is )edroIs status as an employee under the 'abor (ode? 1hy?
/%plain your answer fully. *:5+
- Q -
The )iDDa (orporation *)iD(orp+ and Geady -upply (ooperative
*G-(+ entered into a ?service agreement? where G-( in
consideration of service fees to be paid by )iD(orpIs will
e%clusively supply )iD(orp with a group of G-( motorcycle-
owning cooperative members who willhenceforth perform
)iD(orpIs piDDa delivery service. G-( assumes under the agreement
--- full obligation for the payment of the salaries and other statutory
monetary benefits of its members deployed to )iD(orp. The parties
also stipulated that there shall be no employer-employee
relationship between )iD(orp and the G-( members. <owever, if
)iD(orp is materially pre9udiced by any act of the delivery impose
disciplinary sanctions on, including the power to dismiss, the erring
G-( memberHs.
a. &s the contractual stipulation that there is no employer-
employee relationship binding on labor officials? 1hy?
/%plain fully. *05+
b. #ased on the testHs for employer-employee relationship,
determine the issue of who is the employer of the G-(
members. *75+
c. Assume that G-( has a paid-up capitaliDation of
)1,666.666.66 &s G-( engaged in ?labor only? contracting,
permissible 9ob contracting or simply, recruitment? *05+
- Q& -
=n the day that the Enion could validly declare a strike, the
-ecretary of 'abor issued an order assuming 9urisdiction over the
dispute and en9oining the strike, or if one has commenced, ordering
the striking workers to immediately return to work. The return-to-
work order re3uired the employees to return to work within twenty-
four hours and was served at 2 a.m. of the day the strike was to start.
The order at the same time directed the (ompany to accept all
employees under the same terms and conditions of employment
prior to the work stoppage. The Enion members did not return to
work on the day the -ecretaryIs assumption order was served nor on
the ne%t day! instead, they held a continuing protest rally against the
companyIs alleged unfair labor practices. #ecause of the
accompanying picket, some of the employees who wanted to return
to work failed to do so. =n the 0rd day, the workers reported for
work, claiming that they do so in compliance with the -ecretaryIs
return-to-work order that binds them as well as the (ompany. The
(ompany, however, refused to admit them back sionce they had
violated the -ecretaryIs return-to-work order and are now
considered to have lost their employment status.
The Enion officers and members filed a complaint for illegal
dismissal arguing that there was no strike but a protest rally which is
a valid e%ercise of the workers constitutional right to peaceable
assembly and freemdom of e%pression. <ence, there was no basis
for the termination of their employment.
ou are the 'abor Arbiter to whom the case was raffled. Fecide,
ruling on the following issues,
a. 1as there a strike? *75+
b. 1ere the employees simply e%ercising their constitutional
right to petition for redness of their grievances? *05+
c. 1hat are the conse3uences, if any, of the acts of the
employees? *05+
- Q&& -
Tito )aciencioso is an employee of a foundry shop in .alabon,
.etro .anila. <e is barely able to make ends meet with his salary
of )7,666.66 a month. =ne day, he asked his employer to stop
deducting from his salary his --- monthly contribution, reasoning
out that he is waiving his social security coverage.
&f you were TitoIs employer, would you grant his re3uest? 1hy?
*:5+
- Q&&& -
(arol de la (ruD is the secretary of the proprietor of an auto
dealership in 3ueDon (ity. -he resides in (aloocan (ity. <er office
hours start at 2 a.m. and end at 4 p.m. =n July 06, $662, at @ a.m.
while waiting for public transport at GiDal Avenue /%tension as has
been her routine, she was sideswiped by a speeding ta%icab
resulting in her death. The father of (arol filed a claim for
employeeIs compensation with the -ocial -ecurity -ystem. 1ill the
claim prosper? 1hy? *:5+
- &C -
Assume that in )roblem 4, .ario, an G-( member disgusted with
the non-payment of his night shift differential and overtime pay,
filed a complaint with the F='/ Gegional =ffice against G-( and
)iD(orp. After inspection, it was found that indeed .ario was not
getting his correct differential and overtime pay and that he was
declared an --- member *so that no premiums for --- membership
were ever remitted+. =n this basis, the Gegional Firector issued a
compliance order holding )iD(orp and G-( solidarily liable for the
payment of the correct differential and overtime pay and ordering
)iD(orp to report .ario for membership with --- and remit
overdue --- premiums.
1ho has the obligation to report the G-( members for membership
with the ---, with the concomitant obligation to remit ---
premiums? 1hy? *:5+
- C -
)epe -antos was an international flight steward of Flysafe Airlines.
Ender F-AIs (abin (rew Administration .anual, -antos must
maintain, given his height and body frame, a weight of 146 to 1@6
pounds.
After 4 years as a flight steward, -antos began struggling with his
weight! he weighed $66 lbs., 06 pounds over the prescribed
ma%imum weight. The Airline gave him a one-year period to attain
the prescribed weight, and enrolled him in several wieght reduction
programs. <e consistently failed to meet his target. <e was given a
:-month grace period, after which he still failed to meet the weight
limit. F-( thus sent him a "otice of Administrative (harge for
violation of company standards on weight re3uirements. <e stated
in his answer that, for medical reasons, he cannot have a rapid
weight loss. A clarificatory hearing was held where -antos fully
e%plained his predicament. The e%planation did not satisfy F-A and
so it decided to terminate -antosIs service for violation of company
standards.
-antos filed a complaint for illegal dismissal, arguing that the
companyIs weight re3uirement policy is unreasonable and that his
case is not a disciplinary but a medical issue *as one gets older, the
natural tendency is to grow heavier+. F-A defended its policy as a
valid e%ercise of management prerogative and from the point of
view of passenger safety and e%traordinarydiligence re3uired by law
of common carriers! it also posited that -antos failure to achieve his
ideal weight constituted gross and habitual neglect of duty, as well
as willful disobedience to lawful employer orders. The 'abor
Arbiter found the dismissal illegal for there was neither gross and
habitual neglect of duty nor willful disobedience.
&s the 'abor Arbiter correct? 1hy or why not? /%plain fully. *:5+
- C& -
(omplaints had worked five *4+ years as waitresses in a cocktail
lounge owned by the respondent. They did not receive any salary
directly from the respondent but shared in all service charges
collected for food and drinks to the e%tent of @45. 1ith
respondentIs prior permission, they could sit with and entertain
guest inside the establishment and appropriate for themselves the
tips given by guests. After five *4+ years, the complaints individual
shares in the collected service charges dipped to below minimum
wage level as a conse3uence of the loungeIs marked business
decline. Thereupon, complaints asked respondent to increase their
share in the collected service charges to 245 or the minimun wage
level, whichever is higher.
Gespondent terminated the services of the complainants who
countered by filing a consolidated complaint for unlawful dismissal,
with prayer for 245 of the collected services or the minimum wage
for the appropriate periods, whichever is higher. Fecide. *:5+
- C&& -
Arnaldo, )resident of ?#isig? Enion in Femwear (ompany, readied
himself to leave e%actly at 4,66 p.m. which was the end of his
normal shift to be able to sed off his wife who was scheduled to
leave for overseas. <owever, the Aeneral .anager re3uired him to
render overtime work to meet the companyIs e%port 3uota. Arnaldo
begged off, e%plaining to the Aeneral .anager that he had to see off
his wife who was leaving to work abroad. The company dismissed
Arnaldo for insubordination. <e filed a case for illegal dismissal.
Fecide *:5+
- C&&& -
The rank-and-file union staged a strike in the company premises
which caused the disruption of business operations. The supervisors
union of the same company filed a money claim for unpaid salaries
for the duration of the strike, arguing that the supervisorsI failure to
report for work was not attributable to them. The company
contended that it was e3ually faultless, for the strike was not the
direct conse3uence of any lockout or unfair labor practice. .ay the
company be held liable for the salaries of the supervisor? Fecide
*:5+
- C&Q -
?)uwersa?, a labor federation, after having won in a certification
election held in the company premises, sent a letter to respondent
company reminding it of its obligation to recogniDe the local union.
Gespondent company replied that through it is willing, the rank-and-
file employees had already lost interest in 9oining the local union as
they had dissolved it. ?)uwersa? argued that since it won in a
certification election, it can validly perform its function as a
bargaining agent and represent the rank-and-file employees despite
the unionIs dissolution.
&s the argument of ?)uwersa? tenable? Fecide with reasons. *:5+
- NOTHING FOLLOWS -
2012 BAR EXAMINATIONS
+OLITI.AL AN/ INTERNATIONAL LAW
Set A
1. (onstitution is defined by (ooley as,
a. a body of statutory, administrative and political
provisions by which the three branches of
government are defined!
b. a body of rules and ma%ims in accordance with
which the powers of sovereignty are habitually
e%ercised!
c. a body of rules and edicts emanating from the
rulings of courts and written guidelines of the
e%ecutive and the legislature by which
government is governed!
d. a body of interpretations and rules by which the
three branches of government are 9udged for
purposes of sovereign compliance with good
corporate governance.
$. The three essential parts of a (onstitution are,
a. the bill of rights, governmental organiDation and
functions, and method of amendment!
b. the preamble, the bill of rights, and provisions on
checks and balances!
c. the national territory, the declaration of principles
and state policies, and the transitory provisions!
d. the e%ecutive department, the legislative
department and the 9udiciary.
0. The constitutional provision on initiative and referendum is
not self-e%ecutory. This is so because it re3uires,
a. an implementing resolution from the (=./'/(!
b. an implementing resolution from the -upreme
(ourt!
c. an implementing legislation!
d. an implementing resolution from the party-list
representative of the <ouse of Gepresentatives.
7. &n an amendment to the constitution by ?initiative 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,
a. at least 05 of the persons of ma9ority age of each
district, and 1$5 of the registered voters of the
region from proposal emanates!
b. at least 05 of the registered voters of each
province and 1$5 of the total number of
registered voters nationwide!
c. at least 05 of the registered voters of each district
and 1$5 of the total number of registered voters
nationwide!
d. more than 05 of the 05 of the registered voters
of each district but less than 1$5 of the total
number of registered voters nationwide.
4. The (onstitution declares that the )hilippines is a
republican state. Gepublicanism means,
a. the form of government must be presidential!
b. the representatives of the government are elected
by the people!
c. sovereignty resides in the elected representatives
of the government!
d. the form of government cannot be changed by the
people.
:. A chief characteristic of the presidential form of
government is,
a. concentration of power in the 9udiciary thru the
power of e%panded 9udicial review!
b. supremacy of the presidency compared to the
totality of powers of the legislative!
c. regular periodic election of the )resident for a
fi%ed term!
d. unlimited term for the )resident for as long as
elected by the people in free and honest elections.
@. 1hich of the following best e%emplifies how the system of
checks and balances is carried out,
a. the legislature passes a law that prohibits the
president from commuting a 9udiciary imposed
sentence, as a check of the president!
b. the )resident pardons a convict as a way to set
aside or modify a 9udgment of the 9udiciary!
c. the 9udiciary overturns a pardon granted by the
)resident as a check on e%ecutions!
d. the )resident pardons an accused after
arraignment in the interest of 9ustice.
2. 1hich phrase best completes the statement V The starting
point of the principle of separation of powers is the
assumption of the division of the functions of government
into three distinct classes,
a. the bill of rights, state policies, and social 9ustice
and human rights!
b. the accountability of public officers, the
constitutional commissions, and the national
economy and patrimony!
c. the self-e%ecuting provisions, the non-self-
e%ecuting provisions, and the self-evident social
9ustice provisions!
d. the e%ecutive, the legislative, and the 9udicial.
>. The (onstitution provides that the ?separation of church
and state shall be inviolable.? This is implemented most by
the constitutional principles embodied in,
a. the free e%ercise clause!
b. the non-establishment clause!
c. the freedom of religious belief clause!
d. the freedom of religion clause.
16. 1hich one of the following is a non-self-e%ecuting
provision of the (onstitution,
a. no law shall be passed abridging the freedom of
speech!
b. no law shall be made respecting an establishment
of religion!
c. no person shall be held to answer for a criminal
offense without due process of law!
d. the state shall encourage and support researches
and studies on the arts and culture.
11. #asic )hilippine law, in respect of the modes of ac3uiring
citiDenship, follows the rule*s+ of,
a. 9us soli and 9us sanguinis!
b. naturaliDation and provides for 9us soli!
c. 9us sanguinis and provides for naturaliDation!
d. none of the above.
1$. Fual allegiance by citiDen is,
a. inimical to the national interest and is therefore
proscribed by law!
b. inimical to the national interest and is therefore
prescribed by law!
c. inimical to the national interest and therefore shall
be dealt with by law!
d. inimical to the national interest and is therefore
outside of coverage of law.
10. .argarita was born in 1>2: to a Filipino mother and
-wedish father. -he has been living and continues to live in
the E- for the last $6 years and has also been naturaliDed
as a E- citiDen. -he recently reac3uired )hilippine
citiDenship under GA >$$4, the (itiDenship Getention and
Geac3uisition Act of $660. (an .argarita vote in the ne%t
national elections?
a. es. Fual citiDens who are not residents may
register under the =verseas Absentee Qoting 'aw.
b. es. .argarita is a Filipino citiDen and thus may
en9oy the right to suffrage like everyone else
without registering as an overseas absentee voter.
c. "o. .argarita fails the residency re3uirement
under -ection 1, Article Q of the (onstitution for
Filipinos.
d. "o. Fual citiDens upon renunciation of their
Filipino citiDenship and ac3uisition of foreign
citiDenship, have practically and legally
abandoned their domicile and severed their legal
ties to their homeland as a conse3uence.
17. &dentify which one is an invalid e%ercise of the legislative
power,
a. legislation by local government on purely local
matters!
b. law granting an administrative agency the power
to define policy and fi% standards on price control!
c. law authoriDing the )resident, in times of war or
other national emergency, for a limited period,
sub9ect to prescribed restrictions, to e%ercise
powers necessary and proper to carry out a
declared national policy!
d. law authoriDing the )resident to fi%, within
specific limits, tariff rates, import and e%port
3uotas, and other duties, within the framework of
the national development program of the
government.
14. 1hich one of the following theories does not support the
valid delegation of authority by the (ongress to an
administrative agency,
a. an administrative agency may ?fill up the details?
of a statute!
b. the legislature may leave to another body the
ascertainment of facts necessary to bring the law
into actual operation!
c. an administrative agency has e3ual e%pertise with
the legislature in crafting and implementing laws!
d. contingent legislation.
1:. The rule in Article Q1, -ection 4 *0+ of the (onstitution
that ?/ach legislative district shall comprise, as far as
practicable, contiguous, compact and ad9acent territory? is
a prohibition against,
a. re-apportionment!
b. commandeering of votes!
c. gerrymandering!
d. re-districting.
1@. Article Q1, -ection 4*0+ of the (onstitution re3uires that
for a city to be entitled to have at least one representative,
its population shall be at least,
a. $46,666!
b. 146,666!
c. 166,666!
d. 1@4,666.
12. A -enator or .ember of the <ouse of Gepresentatives
shall be privileged from arrest while (ongress is in session
for all offenses punishable by imprisonment of not more
than,
a. life imprisonment!
b. reclusion perpetua!
c. si% years imprisonment!
d. four years imprisonment.
1>. "o -enator or member of the <ouse of Gepresentatives
may personally appear as counsel before,
a. any regional court!
b. any court of 9ustice!
c. any inferior court!
d. any appellate court.
$6. 1hich of the following can be changed by an ordinary law
enacted by (ongress?
a. (ommencement of the term of office of -enators!
b. Fate of regular election for )resident and Qice
)residential!
c. Authority to transfer appropriation!
d. Gegular election of the members of (ongress.
$1. (ongress shall have the sole power to declare the e%istence
of a state of war by vote of,
a. three-fourths of both <ouses in 9oint session
assembled, voting 9ointly!
b. two-thirds of both <ouses in 9oint session
assembled, voting 9ointly!
c. two-thirds of both <ouses in separate session
assembled, voting 9ointly!
d. two-thirds of both <ouses in 9oint session, voting
separately.
$$. &f by the end of any fiscal year, the (ongress shall have
failed to pass the general appropriations bill for the
ensuring fiscal year, the general appropriations law for the
preceding fiscal year shall be deemed,
a. referred!
b. unacted!
c. refilled!
d. re-enacted.
$0. )rovisions unrelated to an appropriation bill are considered
prohibited. These are called,
a. interlopers!
b. riders!
c. outriggers!
d. add-ons.
$7. The re3uirement that ?/very bill shall embrace only one
sub9ect which shall be e%pressed in the title thereof?
prevents,
a. rollercoaster legislation!
b. log-rolling legislation!
c. rolling fields legislation!
d. loggerhead legislation.
$4. The power of the )resident to veto any particular part in an
appropriation revenue, or tariff bill, is called the,
a. specific veto!
b. revenue veto!
c. item veto!
d. monetary veto.
$:. A ta% is progressive when,
a. the rate fluctuates as the ta% base decreases!
b. the rate increases as the ta% base remains the
same!
c. the rate increases as the ta% base increases!
d. the rate decreases as the ta% base increases.
$@. 1hen the -upreme (ourt sits en banc, cases are decided by
the concurrence of a ma9ority of the members who,
a. actually 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. actually took part in the voting thereon and took
notes on the actual deliberations.
$2. 1hen the -upreme (ourt sits in division, cases can be
decided by as few as a minimum of,
a. three votes!
b. four votes!
c. five votes!
d. si% votes.
$>. A person who has a personal and substantial interest in the
case, such that he has sustained, or will sustain, direct
in9ury as a result of its enforcement is considered to have,
a. understanding to challenge the governmental act!
b. standing to challenge the governmental act!
c. opportunity to challenge the governmental act!
d. familiarity to challenge the governmental act.
06. (ongressman -ugar =ll authored a bill called <ouse #ill
"o, 664: which legaliDes 9ueteng. 1hen the #ill became
law *GA 1614:+, Fr. "osu Aal, a priest, filed a petition
seeking for the nullification of GA 1614: on the ground
that it is unconstitutional as it violates -ection 10, Article
&&, of the 1>2@ (onstitution which states that ?The state
recogniDes the vital role of the youth in nation-building and
shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being?. Fr. Aal filed the
petition as a concerned citiDen and as ta%payer. Foes Fr.
Aal have locus standi?
a. "o, because Fr. Aal has no personal and
substantial interest that will be pre9udiced by the
implementation of the law!
b. "o, the law concerns neither citiDens nor
e%penditure of public funds!
c. es, because the issue is of transcendental
importance!
d. es, because as priest, Fr. Aal has special interest
in the well-being of the youth.
01. 1here there is ?the impossibility of a court8s undertaking
independent resolution without e%pressing lack of the
respect due coordinate branches of government! or an
unusual need for un3uestioning adherence to a political
decision already made! or the potentially of embarrassment
from multifarious pronouncement by various departments
on a 3uestion,? describes what kind of political 3uestion,
a. adherence kind!
b. prudential kind!
c. respectful kind!
d. deference kind.
0$. The ?operative fact? doctrine of constitutional law is
applied when a law is declared,
a. operative!
b. factual!
c. constitutional!
d. unconstitutional.
00. The totality of governmental power is contained in three
great powers,
a. police power, power of se3uestration, power of
foreign policy!
b. power of immigration, municipal power,
legislative power!
c. e%ecutive power, legislative power, 9udicial
power!
d. police power, power of eminent domain, power of
ta%ation.
07. The most essential, insistent and the least limitable of
*government+ powers, e%tending as it does to all the great
public needs, is,
a. emergency power!
b. police power!
c. legislative power!
d. power to declare martial law.
04. 04. &n the hierarchy of civil liberties, which right occupies
the highest preferred position,
a. right to academic freedom!
b. right to a balanced and healthful ecology!
c. right to freedom of e%pression and of assembly!
d. right to e3ual health.
0:. &n which of the following would there be no double
9eopardy even if a subse3uent case is filed?
a. )ot is accused before the GT( of 3ualified theft.
After innumerable postponements against )ot8s
wishes, he moves for dismissal for denial of the
right to a speedy trial. )rosecutor ob9ected.
Fismissal granted!
b. )ot is accused before the GT( of 3ualified theft.
After innumerable postponements against )ot8s
wishes, the prosecutor moves for dismissal with
the consent of )ot. Aranted!
c. )ot is accused before the GT( of 3ualified theft.
After innumerable postponements against )ot8s
wishes, he moves for dismissal for denial of the
right to a speedy trial. )rosecutor posts no
ob9ections. Fismissal granted!
d. )ot is accused before the GT( of 3ualified theft.
After innumerable postponements against )ot8s
wishes, the prosecutor moves for dismissal over
the ob9ections of )ot. Aranted.
0@. Ender Article &&&, -ection $ of the #ill of Gights, which
provides for the e%clusion of evidence that violate the right
to privacy of communication and correspondence, to come
under the e%clusionary rule, the evidence must be obtained
by,
a. private individuals acting on their own!
b. government agents!
c. private individuals acting on orders of superiors!
d. former high government officials.
02. The complementing regime that best characteriDes the
guarantees of freedom of speech and of the press are,
a. prior punishment and moderate punishment!
b. prior censorship and subse3uent remedies!
c. no prior restraint and subse3uent punishment!
d. no prior restraint and no subse3uent punishment.
0>. The free e%ercise and non-establishment clauses pertain to
which right under the #ill of Gights,
a. liberty of movement!
b. liberty of abode!
c. religion!
d. life and liberty.
76. The Aangnam -tyle8s 1itnesses *whose tenets are
derogatory to the (atholic (hurch+, applied for a permit to
use the public plaDa and kiosk to hold their religious
meeting on the occasion of their founding anniversary.
.ayor 'ebron allowed them to use the northwestern part
of the plaDa but not the kiosk *which is a few meters away
from the (atholic church+. .embers of the Aangnam -tyle
1itnesses claim that the act of .ayor 'ebron is a violation
of their freedom of assembly and religion. &s this correct?
a. "o, because this is valid e%ercise of police power!
b. es, because the plaDa being of public use can be
used by anybody regardless of religious belief!
c. "o, because historical e%perience shows that
peace and order may be disturbed whenever two
opposing religious groups or beliefs e%pound their
dogmas!
d. es, because there is no clear and present danger
in holding a religious meeting by another religious
group near a catholic church.
71. 1hich one is "=T a recogniDed limitation to the right to
information on matters of public concern,
a. national security matters!
b. trade secrets and banking transactions!
c. criminal matters or classified law enforcement
matters!
d. government research data used as a basis for
policy development.
7$. 1hich one of the following circumstances is "=T an
element of taking under eminent domain,
a. entering upon public property for a momentary
period!
b. under color of legal authority!
c. devoting it to public use!
d. as substantially to cust the owner of all beneficial
ownership.
70. .arket value for purposes of determining 9ust
compensation in eminent domain has been described as the
fair value of property,
a. between one who desires to purchase and one
does not desire to sell!
b. between one who desires to purchase and one who
wants to delay selling!
c. between one who desires to purchase and one who
desires to sell!
d. between one who desires to purchase on terms
and one who desires to sell after a period of time.
77. Ender Article &&&, -ection 1$ of the (onstitution, any
person under investigation for the commission of an
offense shall have the right to be informed of his right to
remain silent, etc. The investigation referred to is called,
a. preliminary investigation!
b. summary investigation!
c. criminal investigation!
d. custodial investigation.
74. All persons charged shall, before conviction, be bailable by
sufficient sureties, e%cept those charged with,
a. offenses punishable by death when evidence of
guilt is strong!
b. offenses punishable by life imprisonment when
evidence of guilt is strong!
c. offenses punishable by death when evidence of
guilt is weak!
d. offenses punishable by reclusion perpetua when
evidence of guilt is strong.
7:. (riminal trial may proceed, notwithstanding the absence of
the accused provided that he has been duly notified, and
his failure to appear is un9ustifiable, after,
a. preliminary investigation!
b. arraignment!
c. sentencing!
d. prosecution has rested its case.
7@. The re3uisites of a valid trial in absentia e%clude,
a. 1herein hisHher failure to appear is un9ustifiable!
b. 1herein heHshe allows himselfHherself to be
identified by the witness in hisHher absence,
without further un3ualified admitting that every
time a witness mentions a name by which heHshe
is known, it shall be understood to refer to
himHher!
c. 1herein heHshe has been duly notified of the trial!
d. 1herein the accused has already been arraigned.
72. The privilege of the writ of habeas corpus shall not be
suspended e%cept in cases of,
a. imminent danger of invasion or rebellion when
the public safety re3uires it!
b. grave danger of invasion or rebellion when the
public safety re3uires it!
c. clear and present danger of invasion or rebellion
when the public safety re3uires it!
d. invasion or rebellion when the public safety
re3uires it.
7>. The right of the accused against self-incrimination will be
violated if,
a. he is charged with violation of the Anti-.oney
'aundering Act and he was re3uired to produce
his bank passbook!
b. he is a public officer charged with amassing ill-
gotten wealth and his statement of assets and
liabilities will be presented as evidence!
c. his gun was sub9ected to a ballistics test!
d. a sample of his blood was taken if his blood type
matches the blood type found at the scene of the
crime.
46. The death penalty shall not be imposed,
a. unless for compelling reasons involving death
penalty crimes and the e%ecutive hereafter
provides for it!
b. unless for compelling reasons involving heinous
crimes and a constitutional amendment provides
for it!
c. unless for compelling reasons involving heinous
crimes and (ongress hereafter provides for it!
d. unless for compelling reasons involving heinous
crimes and the -upreme (ourt hereafter upholds
it.
41. An e% post facto law has been defined as one,
a. which aggravates a crime or makes it lesser than
when it was committed!
b. which mitigates a crime or makes it lesser than
when it was committed!
c. which aggravates a crime or makes it greater than
when it was committed!
d. which aggravates a crime or makes it non-
criminal after it was committed.
4$. A bill of attainder is,
a. an e%ecutive act which inflicts punishment
without tender!
b. a 9udicial act which inflicts punishment without
tender!
c. a legislative act which inflicts punishment without
trial!
d. a legislative act which pardons punishment after
tender.
40. 1hich one of the following is "=T an independent
(onstitutional (ommission under Article &C, -ection 1 of
the (onstitution,
a. (ommission on /lections!
b. (ommission on <uman Gights!
c. (ivil -ervice (ommission!
d. (ommission on Audit.
47. The independent (onstitutional (ommissions en9oy,
a. decisional autonomy!
b. organiDational autonomy!
c. fiscal autonomy!
d. 3uasi-9udicial autonomy.
44. The (ivil -ervice shall be administered by the (ivil
-ervice (ommission composed of a,
a. (hairman and a (ommissioner!
b. (hairman and two *$+ (ommissioners!
c. (hairman and three *0+ (ommissioners!
d. (hairman and four *7+ (ommissioners.
4:. &n =posa vs. Factoran, Jr., A.G. "o. 161620, July 06, 1>>0,
the -upreme (ourt held that the personality of the
petitioners to sue is based on the concept of,
a. ecological responsibility!
b. environmental accountability!
c. intergenerational responsibility!
d. interdisciplinary responsibility.
4@. &n a unitary system of government, such as the government
under the )hilippine (onstitutor, local government can
only be,
a. an imperuim in imperio!
b. an infa-sovereign subdivision!
c. a sovereign nation!
d. a sovereign entity.
42. 1hich one is "=T among the (onstitutionally mandated
grounds for impeachment of impeachable officials,
a. culpable violation of the (onstitution!
b. treason, bribery, graft and corruption and other
high crimes!
c. betrayal of public trust!
d. culpable violation of the duty to be at all times
accountable to the people.
4>. 1hich is "=T an impeachable public officer,
a. a 9ustice of the -upreme (ourt!
b. a commissioner of the (omelec!
c. the administrator of the -upreme (ourt!
d. the =mbudsman.
:6. 1hich has the e%clusive power to initiate all cases of
impeachment,
a. the -enate!
b. the <ouse of Gepresentatives!
c. the -enate )resident!
d. the -peaker of the <ouse of Gepresentatives.
:1. At least one-third of all the members of the <ouse of
Gepresentatives may file articles of impeachment by,
a. verified bill and resolution!
b. verified complaint and resolution!
c. verified notice and resolution!
d. verified complaint and notice.
:$. The )resident cannot grant pardon in cases of
impeachment. <e may however e%ercise such power when,
a. A person convicted in an impeachment
proceeding is sub9ect to prosecution, trial and
punishment in an ordinary criminal action!
b. A person convicted in an impeachment
proceeding is granted an absolute pardon!
c. A person convicted in an impeachment
proceeding files his appeal before the -upreme
(ourt!
d. "one of the above.
:0. A public officer impeached and removed from office shall,
a. nevertheless be immure from prosecution, trial
and punishment according to law!
b. nevertheless be liable and sub9ect to prosecution,
trial and punishment under the Anti-Araft and
(orrupt )ractices Act!
c. nevertheless be liable and sub9ect to prosecution,
trial and punishment according to law!
d. nevertheless be liable and sub9ect to prosecution,
trial and punishment only for criminal acts under
the law.
:7. The =mbudsman and his deputies are appointed by the
)resident from a list prepared by,
a. the &ntegrated #ar of the )hilippines!
b. the (ommission on Appointments!
c. the Judicial and #ar (ouncil!
d. the -upreme (ourt.
:4. -A'" means,
a. -ummary of assets, liabilities and net worth!
b. -tatement of assets in banks, liabilities and net
worth!
c. -tatement of assets, liabilities and net worth!
d. -tatement of personal assets, liabilities and net
worth.
::. The independent economic planning agency of the
Aovernment as provided for by the (onstitution is the,
a. "ational )rivatiDation =ffice!
b. "ational )roductivity (ommission!
c. "ational /conomic Fevelopment Authority!
d. "ational /conomic (ouncil.
:@. The &ndependent (entral .onetary Authority of the
Aovernment is the,
a. #ankers Association of the )hilippines!
b. )hilippine .ission of the &nternational .onetary
Fund!
c. (entral #ank of the )hilippines!
d. 1orld #ank, )hilippine Affiliate.
:2. The )resident may contract or guarantee foreign loans on
behalf of the Gepublic of the )hilippines only upon prior
concurrence of the,
a. <ouse of Gepresentatives!
b. -enate!
c. (entral #ank!
d. .onetary #oard.
:>. #ona fide associations of citiDens which demonstrate
capacity of promote the public interest and with
identifiable leadership, membership, and structure are,
a. independent party-list organiDations!
b. independent sectoral organiDations!
c. independent indigenous organiDations!
d. independent people8s organiDations.
@6. The principal function of the (ommission on <uman
Gights is,
a. issue writs of in9unctionH restraining orders!
b. investigatory!
c. 3uasi-9udicial!
d. rule-making.
@1. =ptional religious instruction in public elementary and
high schools is allowed provided it be,
a. without additional overtime cost to Aovernment!
b. without additional cost to Aovernment!
c. without additional cost for religious books to
Aovernment!
d. without additional power consumption costs to
Aovernment.
@$. Academic freedom shall be en9oyed,
a. in all public institutions!
b. in all elementary and high schools!
c. in all schools!
d. in all institutions of higher learning.
@0. Ender Article 02*1+ of the -tatute of the &nternational
(ourt of Justice, which one of the following is "=T
considered a source of international law,
a. international conventions!
b. international custom!
c. international humanitarian law!
d. general principles of law.
@7. &n international law, it is a norm which -tates cannot
derogate or deviate from their agreements,
a. terra nullius!
b. opinio 9uris!
c. 9us cogens!
d. 9us cogentus.
@4. &n international law, the status of an entity as a -tate is
accepted by other -tates through this act. &t is the ?act by
which another -tate acknowledges that the political entity
recogniDed possesses the attributes of statehood.?
a. accession!
b. recognition!
c. acknowledgment!
d. attribution.
@:. An act or process by which a -tate, in compliance with a
formal demand or re3uest, surrenders to another -tate an
alleged offender or fugitive criminal who has sought refuge
in the territory of the first -tate, in order to stand trial or
complete his prison term,
a. e%tramediation!
b. e%terrertioriality!
c. e%tradition!
d. e%traterritoriality.
@@. This doctrine considers the general or customary norms of
international law as a part of municipal law and are to be
enforced as such, without regard as to whether they are
enacted as statutory or legislative rules or not,
a. accession!
b. incorporation!
c. accretion!
d. adoption.
@2. Ender the Enited "ations (onference of the 'aw of the
-ea *E"('=-+, the e%tent of the contiguous Done is,
a. 0 nautical miles from the lowest water mark!
b. 1$ miles from the outer limits!
c. 1$ miles from the lowest water mark!
d. $66 miles from the outer limits.
@>. &t is a line from which the breadth of the territorial sea and
other maritime Dones is measured,
a. contiguous line!
b. economic line!
c. baseline!
d. archipelagic line.
26. &t is a maritime Done ad9acent to the territorial seas where
the coastal state may e%ercise certain protective
9urisdiction,
a. baseline Done!
b. contiguous Done!
c. transit Done!
d. appurtenant Done.
21. #utchoy installed a 9umper cable. <e was prosecuted under
a .akati ordinance penaliDing such act. <e moved for its
dismissal on the ground that the 9umper cable was within
the territorial 9urisdiction of .andaluyong and not .akati.
The case was dismissed. The (ity of .andaluyong
thereafter filed a case against him for theft under the
Gevised )enal (ode *G()+. &s there double 9eopardy?
a. "o. The first 9eopardy was terminated with his
e%press consent!
b. es. This is double 9eopardy of the second kind V
prosecution for the same act under an ordinance
and a law!
c. es. <e is prosecuted for the same offense which
has already been dismissed by the (ity of .akati!
d. "o. The second kind of double 9eopardy under
-ection $1, Article &&& only contemplates
conviction or ac3uittal which could terminate a
first 9eopardy.
2$. =ne of the cardinal primary due process rights in
administrative proceedings is that evidence must be
?substantial.? ?-ubstantial evidence? is,
a. less than a mere scintilla!
b. less than preponderant scintilla!
c. more than a glint of scintilla!
d. more than a mere scintilla.
20. A statutory provision re3uiring the )resident or an
administrative agency to present the proposed
implementing rules and regulations of a law to (ongress
which by itself or through a committee formed by it,
retains a ?right? or ?power? to approve or disapprove such
regulations before they may take effect, is a,
a. legislative encroachment!
b. legislative veto!
c. legislative oversight!
d. legislative scrutiny.
27. 1hich one of the enumeration below does not come under
the Administrative (ode definition of a ?rule?,
a. agency statement of general applicability that
implements or interprets a law!
b. fi%es and describes the procedures in or practice
re3uirements of, an agency!
c. includes memoranda and statements concerning
internal administration!
d. an agency process for the formulation of a final
order.
24. Ender the Administrative (ode, ?ad9udication? means,
a. whole or any part of any agency permit,
certificate, or other form of permission, or
regulation of the e%ercise of a right or privilege!
b. an agency process for the formulation of a final
order!
c. agency process for the formulation, amendment,
or repeal of a rule!
d. agency process involving the grant, renewal,
denial, revocation or conditioning of a license.
2:. The re3uirement of the Administrative (ode on ?public
participation? is that, if not otherwise re3uired by law, an
agency shall,
a. in all cases, publish or circulate notices of
proposed rules and afford interested parties the
opportunity to submit their views prior to the
adoption of any rule!
b. in all clear and proper cases, publish or circulate
notices of proposed rules and afford interested
parties the opportunity to submit their views prior
to the adoption of any rule!
c. as far as practicable, publish or circulate notices
of proposed rules and afford the party-list parties
the opportunity to submit their views prior to the
adoption of any rule!
d. as far as practicable, publish or circulate notices
of proposed rules and afford interested parties the
opportunity to submit their views prior to the
adoption of any rule.
2@. Ender the Administrative (ode, in the fi%ing of rates, no
rules or final order shall be valid unless,
a. the proposed rates shall have been submitted to
the E.). 'aw (enter for publication at least two
weeks before the first hearing thereon!
b. the proposed rates shall have been published in
the =fficial AaDette at least two weeks before the
final hearing thereon!
c. the proposed rates shall have been published in a
newspaper of general circulation at least two
weeks before the first hearing thereon!
d. the proposed rates shall have been published in a
newspaper of general circulation at least two
weeks before the final hearing thereon.
22. &n the 9udicial review of decisions of administrative
agencies, the Administrative (ode re3uires that the review
shall be made,
a. on the basis of the pleadings taken as a whole!
b. on the basis of the record taken as a whole!
c. on the basis of the evidence taken as a whole!
d. on the basis of the memoranda taken as a whole.
2>. &n the 9udicial review of decisions of administrative
agencies, the Administrative (ode re3uires that, e%cept
when specifically provided otherwise by law,
a. the findings of law of agency when supported by
substantial evidence, shall be final!
b. the findings of fact of the agency when supported
by preponderant evidence, shall be final!
c. the findings of fact of the agency when supported
by substantial evidence, shall be final!
d. the findings of law of the agency when supported
by credible evidence, shall be final.
>6. The right of the accused to be informed is violated if,
a. he was accused of killing his wife by
strangulation but it was proven that his wife died
of poisoning!
b. it was proven that he killed somebody on a date
different from the one alleged in the information!
c. he was charged with parricide but was convicted
of murder, because it turned out that he and the
victim were not married!
d. the accused was charged with commission of acts
of lasciviousness and was convicted of un9ust
ve%ation.
>1. A criminal statute that ?fails to give a person of ordinary
intelligence fair notice that his contemplated conduct is
forbidden by statute? is,
a. void for fair notice!
b. void for arbitrariness!
c. void for vagueness!
d. void conclusively.
>$. ?(hilling effect? is a concept used in the area of
constitutional litigation affecting,
a. protected speech!
b. protected e%ecutive privilege!
c. protected legislative discretion!
d. protected 9udicial discretion.
>0. &n the law of libel and protected speech, a person who, by
his accomplishments, fame, or mode of living, or by
adopting a profession or calling which gives the public a
legitimate interest in his doings, his affairs, and his
character, has become a,
a. public figure!
b. celebrity!
c. public official!
d. de facto public officer.
>7. 1hich one of the following is not a proper test in cases of
challenges to governmental acts that may violate protected
speech,
a. clear and present danger!
b. balancing of interests!
c. reasonable relation!
d. dangerous tendency.
>4. (ommercial speech is entitled to,
a. more protection compared to other
constitutionally guaranteed e%pression!
b. e3ual protection compared to other
constitutionally guaranteed e%pression!
c. lesser protection compared to other
constitutionally guaranteed e%pression!
d. none of the above.
>:. "o liability can attach to a false, defamatory statement if it
relates to official conduct, unless the public official
concerned proves that the statement was with knowledge
that it was false or with reckless disregard of whether it
was false or not. This is known as what rule?
a. libel malice rule!
b. actual malice rule!
c. malice in fact rule!
d. legal malice rule.
>@. &t is form of entrapment. The method is for an officer to
pose as a buyer. <e, however, neither instigates nor induces
the accused to commit a crime because in these cases, the
?seller? has already decided to commit a crime. The
offense happens right before the eyes of the officer. Ender
these circumstances,
a. there is a need for an administrative but not a
9udicial warrant for seiDure of goods and arrest of
the offender!
b. there is need for a warrant for the seiDure of the
goods and for the arrest of the offender!
c. there is no need for a warrant either for the seiDure
of the goods or for the arrest of the offender!
d. the offender can be arrested but there is a need for
a separate warrant for the seiDure of the goods.
>2. 1here a police officer observes unusual conduct which
leads him reasonably to conclude in light of his e%perience
that criminal activity may be afoot and that the persons
with whom he is dealing may be armed and dangerous and
he identifies himself and makes reasonable in3uiries, but
nothing serves to dispel his reasonable fear for his own or
other8s safety, he is entitled to conduct a carefully limited
search of the outer clothing of such persons for weapons.
-uch search is constitutionally permissible and is known as
a,
a. stop and search!
b. stop and frisk!
c. stop and interrogate!
d. stop and detain.
>>. Accused was charged with slight illegal detention. =n the
day set for the trial, the trial court proceeded as follows,
?(ourt, to the
accused,
M, ?Fo you have an attorney or are you
going to plead guilty??

A, ?& have no lawyer and i will plead
guilty.?
Accused was then arraigned, pleaded guilty, was found
guilty and sentenced. =n appeal, the -upreme (ourt
reversed. The accused was deprived of his,
a. right to cross-e%amination!
b. right to be presumed innocent!
c. right to counsel!
d. right to production of evidence.
166.The constitutional right of an accused ?to meet the
witnesses face to face? is primarily for the purpose of
affording the accused an opportunity to,
a. identify the witness!
b. cross-e%amine the witness!
c. be informed of the witness!
d. be heard.
- NOTHING FOLLOWS -
SET B
I.
.r. Qiolet was convicted by the GT( of /stafa. =n appeal, he filed
with the (ourt of Appeals a .otion to Fi% #ail for )rovisional
'iberty )ending Appeal. The (ourt of Appeals granted the motion
and set a bail amount in the sum of Five *4+ .illion )esos, sub9ect
to the conditions that he secure ?a certificationHguaranty from the
.ayor of the place of his residence that he is a resident of the area
and that he will remain to be a resident therein until final 9udgment
is rendered or in case he transfers residence, it must be with prior
notice to the court?. Further, he was ordered to surrender his
passport to the Fivision (lerk of (ourt for safekeeping until the
court orders its return.
a. .r. Qiolet challenges the conditions imposed by the (ourt
of Appeals as violative of his liberty of abode and right to
travel. Fecide with reasons. *45+
b. Are ?liberty of abode? and ?the right to travel? absolute
rights?
/%plain. 1hat are the respective e%ceptionHs to each right
if any? *45+
II.
A verified impeachment complaint was filed by two hundred *$66+
.embers of the <ouse of Gepresentatives against .adam (hief
Justice #lue. The complaint was immediately transmitted to the
-enate for trial.
a. .adam (hief Justice #lue challenges such immediate
transmittal to the -enate because the verified complaint 1+
not included in the order of business of the <ouse, $+ was
not referred to the <ouse (ommittee on Justice for hearing
and consideration for sufficiency in form and substance,
and 0+ was not submitted to the <ouse )lenary for
consideration as enumerated in )aragraph *$+, -ection 0,
Article C& of the 1>2@ (onstitution. Fecide with reasons.
*45+
b. 1hat is the purpose of &mpeachment? Foes conviction
prevent further prosecution and punishment? /%plain. *05+
c. /numerate the grounds for impeachment. &s graft and
corruption a ground for impeachment? *$5+
III.
.r. #rown, a cigarette vendor, was invited by )=1 1hite to a
nearby police station. Epon arriving at the police station, #rown
was asked to stand side-by-side with five *4+ other cigarette vendors
in a police line-up. )=1 1hite informed them that they were
looking for a certain cigarette vendor who snatched the purse of a
passer-by and the line-up was to allow the victim to point at the
vendor who snatched her purse. "o 3uestions were to be asked from
the vendors.
a. #rown, afraid of a ?set up? against him, demanded that he
be allowed to secure his lawyer and for him to be present
during the police line-up. &s #rown entitled to counsel?
/%plain *45+
b. 1ould the answer in *a.+ be the same if #rown was
specifically invited by 1hite because an eyewitness to the
crime identified him as the perpetrator? /%plain. *05+
c. #riefly enumerate the so-called ?.iranda Gights?. *$5+
IV.
.r. ellow and .r. =range were the leading candidates in the vice-
presidential elections. After elections, ellow emerged as the winner
by a slim margin of 166,666 votes. Endaunted, =range filed a
protest with the )residential /lectoral Tribunal *)/T+. After due
consideration of the facts and the issues, the )/T ruled that =range
was the real winner of the elections and ordered his immediate
proclamation.
a. Aggrieved, ellow filed with the -upreme (ourt a )etition
for (ertiorari challenging the decision of the )/T alleging
grave abuse of discretion. Foes the -upreme (ourt have
9urisdiction? /%plain. *05+
b. 1ould the answer in *a.+ be the same if ellow and =range
were contending for a senatorial slot and it was the -enate
/lectoral Tribunal *-/T+ who issued the challenged ruling?
*05+
c. 1hat is the composition of the )/T? *$5+
d. 1hat is 9udicial power? /%plain #riefly. *$5+
V.
Judge Ged is the /%ecutive Judge of Areen (ity. Ged is known to
have corrupt tendencies and has a reputation widely known among
practicing lawyers for accepting bribes. =mbudsman Arey, wishing
to ?clean up? the government from errant public officials, initiated
an investigation on the alleged irregularities in the performance of
duties of Judge Ged.
a. Judge Ged refused to recogniDe the authority of the =ffice
of the =mbudsman over him because according to him,
any administrative action against him or any court official
or employee falls under the e%clusive 9urisdiction of the
-upreme (ourt. Fecide with reasons. *45+
b. Foes the =mbudsman have authority to conduct
investigation over crimes or offenses committed by public
officials that are "=T in connection or related at all to the
official8s discharge of his duties and functions? /%plain.
*05+
c. 1ho are re3uired by the (onstitution to submit a
declaration under oath of his assets, liabilities, and net
worth? *$5+
VI.
)resident #lack of the Gepublic of )asensya *G)+ had a telephone
conversation with )resident #lue of the )eople8s Gepublic of
(on3uerors *)G(+. &n that conversation, both leaders agreed that
they will both pull-out all their vessels, civilian or otherwise, sea
crafts and other ships from the hotly disputed Balmado -hoal area
within eight *2+ days in order to de-escalate the situation. After eight
days, all G) ships and vessels have left the area. <owever, several
military and civilian ships carrying the )G( flag remained in the
area and began construction of a dock that could provide fuel and
other supplies to vessels passing by.
a. Assuming that )resident #lack and )resident #lue both
had full capacity to represent their states and negotiate with
each other under their respective systems of government,
and further assuming that both leaders acknowledge the
e%istence of the conversation, is the verbal agreement via
telephone binding under international law? /%plain. *45+
b. Assuming the answer to *a.+ is in affirmative, does that
agreement constitute a Treaty under the 1>:> Qienna
(onvention on the 'aw on Treaties? *$5+
c. 1hat are the sources of &nternational 'aw? *$5+
d. 1hat is opinio juris in &nternational 'aw? *15+
VII.
.ayor )ink is eyeing re-election in the ne%t mayoralty race. &t was
common knowledge in the town that .ayor )ink will run for re-
election in the coming elections. The deadline for filing of
(ertificate of (andidacy *(o(+ is on .arch $0 and the campaign
period commences the following day. =ne month before the
deadline, )ink has yet to file her (o(, but she has been going
around town giving away sacks of rice with the words ?.ahal Tayo
ni .ayor )ink? printed on them, holding public gatherings and
speaking about how good the town is doing, giving away pink t-
shirts with ?Bay .ayor )ink Ako? printed on them.
a. .r. Areen is the political opponent of .ayor )ink. &n
April, noticing that .ayor )ink had gained advantage over
him because of her activities before the campaign period,
he filed a petition to dis3ualify .ayor )ink for engaging in
an election campaign outside the designated period.
a.1. 1hich is the correct body to rule on the matter?
(omelec en banc, or (omelec division? Answer with
reasons. *$5+
a.$. Gule on the petition. *45+
b. Fistinguish briefly between Muo 1arranto in elective
office and Muo 1arranto in appointive office. *05+
VIII.
a. 1hat is the doctrine of ?overbreath?? &n what conte%t can
it be correctly applied? "ot correctly applied? /%plain
*45+
b. 1hat is the doctrine of ?void for vagueness?? &n what
conte%t can it be correctly applied? "ot correctly applied?
/%plain *45+
IX.
&n a protest rallyI along )adre Faura -treet, .anila, )edrong )ula
took up the stage and began shouting ?kayong mga kurakot kayoO
.agsi-resign na kayoO Bung hindi, manggugulo kami ditoO? *?you
corrupt officials, you better resign now, or else we will cause trouble
hereO?+ simultaneously, he brought out a rock the siDe of aN fist and
pretended to hurl it at the flagpole area of a government building.
<e did not actually throw the rock.
a. )olice officers who were monitoring the situation
immediately approached )edrong )ula and arrested him.
<e was prosecuted for seditious speech and was convicted.
=n appeal, )edrong )ula argued he was merely e%ercising
his freedom of speech and freedom of e%pression
guaranteed by the #ill of Gights. Fecide with reasons.
*45+
b. 1hat is ?commercial speech?? &s it entitled to
constitutional protection? 1hat must be shown in order for
government to curtail ?commercial speech?? /%plain. *05+
c. 1hat are the two *$+ basic prohibitions of the freedom of
speech and of the press clause? /%plain. *$5+
X. 1hat do you understand by the term ?heirarchy of civil
liberties?? /%plain. *45+
a. Fistinguish fully between the ?free e%ercise of religion
clause? and the ?non-establishment of religion clause?.
*05+
b. 1hen can evidence ?in plain view? be seiDed without need
of a search warrant? /%plain. *$5+ -
NOTHING FOLLOWS -
2011 +OLITI.AL LAW BAR EXAM QUESTIONS
B! Ex"#$t#%$ Q&e't#%$$#!e (%! +%0#t#c0 L*
Set A
*1+ Filipino citiDenship may be ac3uired through 9udicial
naturaliDation only by an alien
*A+ born, raised, and educated in the )hilippines who has
all the 3ualifications and none of the dis3ualifications to
become a Filipino citiDen.
*#+ who has all the 3ualifications and none of the
dis3ualifications to become a Filipino citiDen.
*(+ born and raised in the )hilippines who has all the
3ualifications and none of the dis3ualifications to become a
Filipino citiDen.
*F+ whose mother or father is a naturaliDed Filipino and
who himself is 3ualified to be naturaliDed.
*$+ Ja% 'iner applied for a public utility bus service from #acolod to
Fumaguete from the 'and Transportation Franchising and
Gegulatory #oard *'TFG#+. ## /%press opposed. 'TFG# ruled in
favor of Ja%. ## appealed to the -ecretary of the Fepartment of
Transportation and (ommunication *F=T(+, who reversed the
'TFG# decision. Ja% appealed to the =ffice of the )resident which
reinstated the 'TFG#8s ruling. ## /%press went to the (ourt of
Appeals on certiorari 3uestioning the decision of the =ffice of the
)resident on the ground that =ffice of the )resident has no
9urisdiction over the case in the absence of any law providing an
appeal from F=T( to the =ffice of the )resident. 1ill the petition
prosper?
*A+ "o, e%haustion of administrative remedies up to the
level of the )resident is a pre-re3uisite to 9udicial recourse.
*#+ "o, the action of the F=T( -ecretary bears only the
implied approval of the )resident who is not precluded
from reviewing the decision of the former.
*(+ es, when there is no law providing an appeal to the
=ffice of the )resident, no such appeal may be pursued.
*F+ es, the doctrine of 3ualified political agency renders
unnecessary a further appeal to the =ffice of the )resident.
*0+ 1here A is set for promotion to Administrative Assistant &&& and
# to the post of Administrative Assistant && vacated by A, the
appointing authority must
*A+ submit to the (-( the two promotional appointments
together for approval.
*#+ not appoint # until the (-( has approved A8s
appointment.
*(+ submit to the (ivil -ervice (ommission *(-(+ the
second appointment after its approval of the first.
*F+ simultaneously issue the appointments of A and #.
*7+ 1hen a witness is granted transactional immunity in e%change
for his testimony on how his immediate superior induced him to
destroy public records to cover up the latterIs act of malversation of
public funds, the witness may "=T be prosecuted for
*A+ direct contempt.
*#+ infidelity in the custody of public records.
*(+ falsification of public documents.
*F+ false testimony.
*4+ .ario, a #ureau of (ustoms8 e%aminer, was administratively
charged with grave misconduct and preventively suspended pending
investigation. The head of office found him guilty as charged and
ordered his dismissal. The decision against him was e%ecuted
pending appeal. The (ivil -ervice (ommission *(-(+ subse3uently
found him guilty and after considering a number of mitigating
circumstances, reduced his penalty to only one month suspension. &s
.ario entitled to back salaries?
*A+ es, the reduction of the penalty means restoration of
his right to back salaries.
*#+ "o, the penalty of one month suspension carries with it
the forfeiture of back salaries.
*(+ "o, he is still guilty of grave misconduct, only the
penalty was reduced.
*F+ es, corresponding to the period of his suspension
pending appeal less one month.
*:+ Althea, a Filipino citiDen, bought a lot in the )hilippines in 1>@4.
<er predecessors-in-interest have been in open, continuous,
e%clusive and notorious possession of the lot since 1>76, in the
concept of owner. &n 1>22, Althea became a naturaliDed Australian
citiDen. &s she 3ualified to apply for registration of the lot in her
name?
*A+ es, provided she ac3uires back her Filipino
citiDenship.
*#+ "o, e%cept when it can be proved that Australia has a
counterpart domestic law that also favors former Filipino
citiDens residing there.
*(+ es, the lot is already private in character and as a
former natural-born Filipino, she can buy the lot and apply
for its registration in her name.
*F+ "o, foreigners are not allowed to own lands in the
)hilippines.
*@+ The privacy of communication and correspondence shall be
inviolable e%cept upon lawful order of the court or when
*A+ public safety or public health re3uires otherwise as
prescribed by law.
*#+ dictated by the need to maintain public peace and
order.
*(+ public safety or order re3uires otherwise as prescribed
by law.
*F+ public safety or order re3uires otherwise as determined
by the )resident.
*2+ =ne advantage of a written (onstitution is its
*A+ reliability.
*#+ permanence.
*(+ fle%ibility.
*F+ e%pediency.
*>+ An appointment held at the pleasure of the appointing power
*A+ essentially temporary in nature.
*#+ re3uires special 3ualifications of the appointee.
*(+ re3uires 9ustifiable reason for its termination.
*F+ is co-e%tensive with the term of the public officer who
appointed him.
*16+ The city government filed a complaint for e%propriation of 16
lots to build a recreational comple% for the members of the
homeownersI association of -itio -to. Tomas, the most populated
residential compound in the city. The lot owners challenged the
purpose of the e%propriation. Foes the e%propriation have a valid
purpose?
*A+ "o, because not everybody uses a recreational
comple%.
*#+ "o, because it intends to benefit a private organiDation.
*(+ es, it is in accord with the general welfare clause.
*F+ es, it serves the well-being of the local residents.
*11+ An e%ample of a content based restraint on free speech is a
regulation prescribing
*A+ ma%imum tolerance of pro-government
demonstrations.
*#+ a no rally-no permit policy.
*(+ when, where, and how lawful assemblies are to be
conducted.
*F+ calibrated response to rallies that have become violent.
*1$+ The )resident forged an e%ecutive agreement with Qietnam for
a year supply of animal feeds to the )hilippines not to e%ceed
76,666 tons. The Association of Animal Feed -ellers of the
)hilippines 3uestioned the e%ecutive agreement for being contrary
to G.A. 7:$ which prohibits the importation of animal feeds from
Asian countries. &s the challenge correct?
*A+ es, the e%ecutive agreement is contrary to our e%isting
domestic law.
*#+ "o, the )resident is the sole organ of the government
in e%ternal relations and all his actions as such form part of
the law of the land.
*(+ "o, international agreements are sui generis which
must stand independently of our domestic laws.
*F+ es, the e%ecutive agreement is actually a treaty which
does not take effect without ratification by the -enate.
*10+ Jose (ruD and $6 others filed a petition with the (=./'/( to
hold a plebiscite on their petition for initiative to amend the
(onstitution by shifting to a unicameral parliamentary form of
government. Assuming that the petition has been signed by the
re3uired number of registered voters, will it prosper?
*A+ "o, only (ongress can e%ercise the power to amend
the (onstitution.
*#+ es, the people can substantially amend the
(onstitution by direct action.
*(+ es, provided (ongress concurs in the amendment.
*F+ "o, since they seek, not an amendment, but a revision.
*17+ The (omelec en banc cannot hear and decide a case at first
instance /C(/)T when
*A+ a Fivision refers the case to it for direct action.
*#+ the case involves a purely administrative matter.
*(+ the inhibition of all the members of a Fivision is
sought.
*F+ a related case is pending before the -upreme (ourt en
banc.
*14+ /ach of the (onstitutional (ommissions is e%pressly described
as ?independent,? e%emplified by its
*A+ immunity from suit.
*#+ fiscal autonomy.
*(+ finality of action.
*F+ collegiality.
*1:+ There is double 9eopardy when the dismissal of the first case is
*A+ made at the instance of the accused invoking his right
to fair trial.
*#+ made upon motion of the accused without ob9ection
from the prosecution.
*(+ made provisionally without ob9ection from the
accused.
*F+ based on the ob9ection of the accused to the
prosecutionIs motion to postpone trial.
*1@+ The new (ommissioner of &mmigration, .r. -uareD, issued an
=ffice =rder directing the top immigration officials to tender
courtesy resignation to give him a free hand in reorganiDing the
agency. &n compliance, Firector -ison of the Administrative
Fepartment tendered his resignation in writing which .r. -uareD
immediately accepted. Firector -ison went to court, assailing the
validity of his courtesy resignation and .r. -uareD8s acceptance of
the same. 1ill the action prosper?
*A+ "o, Firector -ison tendered his resignation and it was
accepted.
*#+ "o, estoppel precludes Firector -ison from
disclaiming the resignation he freely tendered.
*(+ es,for so long as no one has yet been appointed to
replace him, Firector -ison may still withdraw his
resignation.
*F+ es, Firector -ison merely complied with the order of
the head of office! the element of clear intention to
relinguish office is lacking.
*12+ An administrative rule that fi%es rates is valid only when the
proposed rates are
*A+ published and filed with the E) 'aw (enter.
*#+ published and hearings are conducted.
*(+ published and posted in three public places.
*F+ published and all stakeholders are personally notified.
*1>+ The government sought to e%propriate a parcel of land
belonging to . The law provides that, to get immediate possession
of the land, the government must deposit the e3uivalent of the landIs
Donal value. The government insisted, however, that what apply are
the rules of court which re3uire an initial deposit only of the
assessed value of the property. 1hich should prevail on this matter,
the law or the rules of court?
*A+ #oth law and rules apply because 9ust compensation
should be fi%ed based on its Donal or assessed value,
whichever is higher.
*#+ #oth law and rules apply because 9ust compensation
should be fi%ed based on its Donal or assessed value,
whichever is lower.
*(+ The law should prevail since the right to 9ust
compensation is a substantive right that (ongress has the
power to define.
*F+ The rules of court should prevail since 9ust
compensation is a procedural matter sub9ect to the rule
making power of the -upreme (ourt.
*$6+ After C, a rape suspect, was apprised of his right to silence and
to counsel, he told the investigators that he was waiving his right to
have his own counsel or to be provided one. <e made his waiver in
the presence of a retired Judge who was assigned to assist and
e%plain to him the conse3uences of such waiver. &s the waiver valid?
*A+ "o, the waiver was not reduced in writing.
*#+ es, the mere fact that the lawyer was a retired 9udge
does not cast doubt on his competence and independence.
*(+ es, the waiver was made voluntarily, e%pressly, and
with assistance of counsel.
*F+ "o, a retired Judge is not a competent and independent
counsel.
*$1+ Aovernor )aloma was administratively charged with abuse of
authority before the =ffice of the )resident. )ending hearing, he ran
for reelection and won a second term. <e then moved to dismiss the
charge against him based on this supervening event. -hould the
motion be granted?
*A+ es, Aovernor )alomaIs reelection is an e%pression of
the electorateIs obedience to his will.
*#+ "o, Aovernor )alomaIs reelection cannot e%tinguish
his liability for malfeasance in office.
*(+ "o, Aovernor )alomaIs reelection does not render
moot the administrative case already pending when he filed
his certificate of candidacy for his reelection bid.
*F+ es, Aovernor )alomaIs reelection is an e%pression of
the electorateIs restored trust.
*$$+ The decision of the Gegional Trial (ourt on appeals pertaining
to inclusions or e%clusions from the list of voters
*A+ is inappealable.
*#+ is sub9ect to an action for annulment.
*(+ may be brought straight to the -upreme (ourt.
*F+ is appealable to the (ommission on /lections.
*$0+ The e3ual protection clause allows valid classification of
sub9ects that applies
*A+ only to present conditions.
*#+ so long as it remains relevant to the government.
*(+ for a limited period only.
*F+ for as long as the problem to be corrected e%ists.
*$7+ The )resident wants to appoint A to the vacant post of
Associate Justice of the -upreme (ourt because of his
3ualifications, competence, honesty, and efficiency. #ut A8s name is
not on the list of nominees that the Judicial and #ar (ouncil *J#(+
submitted to the )resident. 1hat should the )resident do?
*A+ Ge3uest the J#( to consider adding A to the list.
*#+ Fecline to appoint from the list.
*(+ Appoint from the list.
*F+ Geturn the list to J#(.
*$4+ (ourts may still decide cases that have otherwise become
academic when they involve
*A+ the basic interest of people.
*#+ petitions for habeas corpus.
*(+ acts of the (hief /%ecutive.
*F+ )residential election protests.
*$:+ The right of the -tate to prosecute crimes by available evidence
must yield to the right of
*A+ the accused against self-incrimination.
*#+ another -tate to e%tradite a fugitive from 9ustice.
*(+ the -tate to deport undesirable aliens.
*F+ the complainant to drop the case against the accused.
*$@+ A temporary appointee to a public office who becomes a civil
service eligible during his tenure
*A+ loses his temporary appointment without pre9udice to
his re-appointment as permanent.
*#+ has the right to demand conversion of his appointment
to permanent.
*(+ automatically becomes a permanent appointee.
*F+ retains his temporary appointment.
*$2+ Epon endorsement from the -enate where it was first
mistakenly filed, the <ouse of Gepresentatives (ommittee on
Justice found the verified complaint for impeachment against the
)resident sufficient in form but insufficient in substance. 1ithin the
same year, another impeachment suit was filed against the )resident
who 3uestioned the same for being violative of the (onstitution. &s
the )resident correct?
*A+ "o, ?initiated? means the Articles of &mpeachment
have been actually filed with the -enate for trial! this did
not yet happen.
*#+ "o, the first complaint was not deemed initiated
because it was originally filed with the -enate.
*(+ es, the dismissal of the first impeachment proceeding
bars the initiation of another during the same term of the
)resident.
*F+ es, no impeachment proceeding can be filed against
the )resident more than once within a year.
*$>+ The -olicitor Aeneral declines to institute a civil action on
behalf of a government agency due to his strained relation with its
head, insisting that the agency8s lawyers can file the action. &s the
-olicitor Aeneral correct?
*A+ es, when he deems he cannot harmoniously and
effectively work with the re3uesting agency.
*#+ "o, he must, in choosing whether to prosecute an
action, e%ercise his discretion according to law and the best
interest of the -tate.
*(+ es, as in any lawyer-client relationship, he has the
right to choose whom to serve and represent.
*F+ "o, the -olicitor AeneralIs duty to represent the
government, its offices and officers is mandatory and
absolute.
*06+ A department secretary may, with the )residentIs consent,
initiate his appearance before the -enate or the <ouse of
Gepresentatives which
*A+ must seek the concurrence of the other <ouse before
acting.
*#+ must hold an e%ecutive session to hear the department
secretary.
*(+ may altogether re9ect the initiative.
*F+ must accept such initiated appearance.
*01+ The .etro .anila Fevelopment Authority *..FA+ passed a
rule authoriDing traffic enforcers to impound illegally parked
vehicles, for the first offense, and confiscate their registration plates
for the second. The ..FA issued this rule to implement a law that
authoriDed it to suspend the licenses of drivers who violate traffic
rules. &s the ..FA rule valid?
*A+ "o, since the ..FA does not have rule-making
power.
*#+ es, it is a valid e%ercise of the power of subordinate
legislation.
*(+ es, it is an implicit conse3uence of the law upon
which it acted.
*F+ "o, the rule goes beyond the sphere of the law.
*0$+ -enator #ondoc was charged with murder and detained at the
MueDon (ity Jail. <e invoked, in seeking leave from the court to
attend the session of the -enate, his immunity from arrest as a
-enator. <ow should the court rule on his motion?
*A+ Feny the motion unless the -enate issues a resolution
certifying to the urgency of his attendance at its sessions.
*#+ Arant the motion provided he posts bail since he is not
a flight risk.
*(+ Arant the motion so as not to deprive the people who
elected him their right to be represented in the -enate.
*F+ Feny the motion since immunity from arrest does not
apply to a charge of murder.
*00+ C, an administrative officer in the Fepartment of Justice, was
charged with grave misconduct and preventively suspended for >6
days pending investigation. #ased on the evidence, the -ecretary of
Justice found C guilty as charged and dismissed him from the
service. )ending appeal, CIs dismissal was e%ecuted. -ubse3uently,
the (ivil -ervice (ommission *(-(+ reversed the -ecretary8s
decision and the reversal became final and e%ecutory. 1hat is the
effect of CIs e%oneration?
*A+ C is entitled to reinstatement and back salaries both
during his >6 day preventive suspension and his suspension
pending appeal.
*#+ C is entitled to reinstatement and back salaries
corresponding only to the period of delay caused by those
prosecuting the case against him.
*(+ C is entitled to reinstatement but not to back salaries
on ground of ?damnum abs3ue in9uria.?
*F+ C is entitled to reinstatement and back salaries during
his suspension pending appeal.
*07+ (ourts may dismiss a case on ground of mootness when
*A+ the case is premature.
*#+ petitioner lacks legal standing.
*(+ the 3uestioned law has been repealed.
*F+ the issue of validity of law was not timely raised.
*04+ Alfredo was elected municipal mayor for 0 consecutive terms.
Furing his third term, the municipality became a city. Alfredo ran
for city mayor during the ne%t immediately succeeding election.
Qoltaire sought his dis3ualification citing the 0 term limit for
elective officials. 1ill QoltaireIs action prosper?
*A+ "o, the 0 term limit should not apply to a person who
is running for a new position title.
*#+ es, the 0 term limit applies regardless of any
voluntary or involuntary interruption in the service of the
local elective official.
*(+ es, the 0 term limit uniformly applies to the office of
mayor, whether for city or municipality.
*F+ "o, the 0 term limit should not apply to a local
government unit that has assumed a different corporate
e%istence.
*0:+ &n what scenario is an e%tensive search of moving vehicles
without warrant valid?
*A+ The police became suspicious on seeing something on
the car8s back seat covered with blanket.
*#+ The police suspected an unfenced lot covered by rocks
and bushes was planted to mari9uana.
*(+ The police became suspicious when they saw a car
believed to be of the same model used by the killers of a
city mayor.
*F+ The driver sped away in his car when the police
flagged him down at a checkpoint.
*0@+ )re-proclamation controversies shall be heard
*A+ summarily without need of trial.
*#+ through trial by commissioner.
*(+ e% parte.
*F+ through speedy arbitration.
*02+ 1hen the )resident orders the (hief of the )hilippine "ational
)olice to suspend the issuance of permits to carry firearms outside
the residence, the )resident e%ercises
*A+ the power of control.
*#+ the (ommander-in-(hief power.
*(+ the power of supervision.
*F+ the calling out power.
*0>+ (arlos, a foreign national was charged with and convicted of a
serious crime in -tate C and sentenced to life imprisonment. <is
country applied for relief with the &nternational (ourt of Justice
*&(J+, arguing that -tate C did not inform (arlos of his right under
Article 0: of the Qienna (onvention to be accorded legal assistance
by his government. -tate C, as signatory to the Qienna (onvention,
agreed to &(JIs compulsory 9urisdiction over all disputes regarding
the interpretation or application of the Qienna (onvention. &(J ruled
that -tate C violated its obligation to provide consular notification
to the foreign nationalIs country. &(J also re3uired -tate C to review
and reconsider the life sentence imposed on the foreign national.
-tate C then wrote the Enited "ations informing that it was
withdrawing from the =ptional )rotocol on Qienna (onvention and
was not bound by the &(J decision. 1hat principle of international
law did -tate C violate?
*A+ )acta -unt -ervanda
*#+ Act of -tate Foctrine
*(+ )rotective )rinciple
*F+ Jus (ogens
*76+ An informer told the police that a Toyota (ar with plate A#(
107 would deliver an unspecified 3uantity of ecstacy in Forbes
)ark, .akati (ity. The officers whom the police sent to watch the
Forbes )ark gates saw the described car and flagged it down. 1hen
the driver stopped and lowered his window, an officer saw a gun
tucked on the driverIs waist. The officer asked the driver to step out
and he did. 1hen an officer looked inside the car, he saw many
tablets strewn on the driverIs seat. The driver admitted they were
ecstacy. &s the search valid?
*A+ "o, the rule on warrantless search of moving vehicle
does not allow arbitrariness on the part of the police.
*#+ es, the police officers had the duty to verify the truth
of the information they got and pursue it to the end.
*(+ es, the police acted based on reliable information and
the fact that an officer saw the driver carrying a gun.
*F+ "o, police officers do not have unbridled discretion to
conduct a warrantless search of moving vehicles.
*71+ The (ommission on /lections is an independent body tasked to
enforce all laws relative to the conduct of elections. <ence, it may
*A+ conduct two kinds of electoral count, a slow but
official count! and a 3uick but unofficial count.
*#+ make an advance and unofficial canvass of election
returns through electronic transmission.
*(+ undertake a separate and unofficial tabulation of the
results of the election manually.
*F+ authoriDe the citiDens arm to use election returns for
unofficial count.
*7$+The )resident may proclaim martial law over a particular
province sub9ect to revocation or e%tension
*A+ by (ongress,sub9ect to ratification by the -upreme
(ourt.
*#+ by the -upreme (ourt.
*(+ by (ongress alone
*F+ by (ongress, upon recommendation of the respective
-angguniang )anlalawigan.
*70+ Furing his incumbency, )resident (arlos shot to death one of
his advisers during a heated argument over a game of golf that they
were playing. The deceased adviser8s family filed a case of
homicide against )resident (arlos before the city prosecutor8s
office. <e moved to dismiss the case, invoking presidential
immunity from suit. -hould the case be dismissed?
*A+ es, his immunity covers his interactions with his
official family, including the deceased adviser.
*#+ "o, his immunity covers only work-related crimes.
*(+ es, his immunity holds for the whole duration of his
tenure.
*F+ "o, his immunity does not cover crimes involving
moral turpitude.
*77+ The -chool )rincipal of Gamon .agsaysay <igh -chool
designated .aria, her daughter, as public school teacher in her
school. The designation was assailed on ground of nepotism. &s such
designation valid?
*A+ "o, because the law prohibits relatives from working
within the same government unit.
*#+ es, because .aria8s position does not fall within the
prohibition.
*(+ "o, because her mother is not the designating
authority.
*F+ "o, because .aria is related to the supervising
authority within the prohibited degree of consanguinity.
*74+ The )residentIs appointment of an acting secretary although
(ongress is in session is
*A+ voidable.
*#+ valid.
*(+ invalid.
*F+ unenforceable.
*7:+ (ongress passed a bill appropriating )46 million in assistance
to locally based television stations sub9ect to the condition that the
amount would be available only in places where commercial
national television stations do not operate. The )resident approved
the appropriation but vetoed the condition. 1as the veto valid?
*A+ es, since the vetoed condition may be separated from
the item.
*#+ es, the )residentIs veto power is absolute.
*(+ "o, since the veto amounted to a suppression of the
freedom to communicate through television.
*F+ "o, since the approval of the item carried with it the
approval of the condition attached to it.
*7@+ &n the e%ercise of its power of legislative in3uiries and
oversight functions, the <ouse of Gepresentatives or the -enate may
only ask 3uestions
*A+ that the official called is willing to answer.
*#+ that are relevant to the proposed legislation.
*(+ to which the witness gave his prior consent.
*F+ material to the sub9ect of in3uiry.
*72+ An ordinance prohibits ?notorious street gang members? from
loitering in public places. The police are to disperse them or, if they
refuse, place them under arrest. The ordinance enumerates which
police officers can make arrest and defines street gangs,
membership in them, and public areas. The ordinance was
challenged for being vague regarding the meaning of ?notorious
street gang members.? &s the ordinance valid?
*A+ "o, it leaves the public uncertain as to what conduct it
prohibits.
*#+ "o, since it discriminates between loitering in public
places and loitering in private places.
*(+ es, it provides fair warning to gang members prior to
arrest regarding their unlawful conduct.
*F+ es, it is sufficiently clear for the public to know what
acts it prohibits.
*7>+ The people may approve or re9ect a proposal to allow foreign
investors to own lands in the )hilippines through an electoral
process called
*A+ referendum.
*#+ plebiscite.
*(+ initiative.
*F+ certification.
*46+ 1here a candidate for the -enate stated in his certificate of
candidacy that he is single, when he is very much married, though
separated, his certificate of candidacy
*A+ may be canceled.
*#+ will sub9ect him to a 3uo warranto action.
*(+ remains valid.
*F+ may be denied due course.
*41+ A candidate who commits vote buying on /lection Fay itself
shall be prosecuted by the
*A+ (=./'/(.
*#+ -ecretary of Justice.
*(+ police and other law enforcement agencies.
*F+ (ity or )rovincial )rosecutor.
*4$+ A law authoriDed the -ecretary of Agriculture to re3uire the
3uarantine of animals that suffer from dangerous communicable
diseases at such place and for such time he deems necessary to
prevent their spread. The -ecretary of Agriculture issued a
regulation, imposing a penalty of imprisonment for 16 days on
persons transporting 3uarantined animals without his permission.
The regulation is
*A+ a valid e%ercise of the power of subordinate legislation.
*#+ invalid for being ultra vires.
*(+ a valid e%ercise of police power.
*F+ invalid for being discriminatory.
*40+ -mall-scale utiliDation of natural resources by Filipino citiDens
may be allowed by
*A+ (ongress.
*#+ either the -enate or the <ouse of Gepresentatives.
*(+ the )resident.
*F+ the )resident with the consent of (ongress.
*47+ 1hen the (ivil -ervice (ommission *(-(+ approves the
appointment of the /%ecutive Firector of the 'and Transportation
Franchising and Gegulatory #oard who possesses all the prescribed
3ualifications, the (-( performs
*A+ a discretionary duty.
*#+ a mi% discretionary and ministerial duty.
*(+ a ministerial duty.
*F+ a rule-making duty.
*44+ Cian and ani ran for (ongressman in the same district. Furing
the canvassing, ani ob9ected to several returns which he said were
tampered with. The board of canvassers did not entertain aniIs
ob9ections for lack of authority to do so. ani 3uestions the law
prohibiting the filing of pre-proclamation cases involving the
election of (ongressmen since the (onstitution grants (=./'/(
9urisdiction over all pre-proclamation cases, without distinction. &s
ani correct?
*A+ es, the (onstitution grants 9urisdiction to (=./'/(
on all pre-proclamation cases, without e%ception.
*#+ "o, (=./'/(8s 9urisdiction over pre-proclamation
cases pertains only to elections for regional, provincial, and
city officials.
*(+ "o, (=./'/(8s 9urisdiction over pre-proclamation
cases does not include those that must be brought directly
to the courts.
*F+ es, any conflict between the law and the (onstitution
relative to (=./'/(Is 9urisdiction must be resolved in
favor of the (onstitution.
*4:+ 1hen the -upreme (ourt nullified the decisions of the military
tribunal for lack of 9urisdiction, it e%cluded from their coverage
decisions of ac3uittal where the defendants were deemed to have
ac3uired a vested right. &n so doing, the -upreme (ourt applied
*A+ the operative fact doctrine.
*#+ the rule against double 9eopardy.
*(+ the doctrine of supervening event.
*F+ the orthodo% doctrine.
*4@+ Accused C pleaded not guilty to the charge of homicide against
him. -ince he was admitted to bail, they sent him notices to attend
the hearings of his case. #ut he did not show up, despite notice, in
four successive hearings without offering any 9ustification. The
prosecution moved to present evidence in absentia but the court
denied the motion on the ground that the accused has a right to be
present at his trial. &s the court correct?
*A+ "o, the court is mandated to hold trial in absentia when
the accused had been arraigned, had notice, and his
absence was un9ustified.
*#+ es, it remains discretionary on the court whether to
conduct trial in absentia even if the accused had been
arraigned and had notice and did not 9ustify his absence.
*(+ es, it is within the courtIs discretion to determine how
many postponements it will grant the accused before trying
him in absentia.
*F+ "o, the court may re9ect trial in absentia only on
grounds of fraud, accident, mistake, or e%cusable
negligence.
*42+ Following (=./'/( (hairman #ocayIs conviction for acts of
corruption in the impeachment proceedings, he was indicted for
plunder before the -andiganbayan and found guilty, as charged. (an
he get )residential pardon on the plunder case?
*A+ "o, plunder is not a pardonable offense.
*#+ "o, conviction in a criminal case for the same acts
charged in the impeachment proceedings is not pardonable.
*(+ es, convictions in two different fora for the same acts,
are too harsh that they are not beyond the reach of the
)resident8s pardoning power.
*F+ es, conviction in court in a criminal action is sub9ect
to the )residentIs pardoning power.
*4>+ A private person constituted by the court as custodian of
property attached to secure a debt sought to be recovered in a civil
proceeding is
*A+ a private sheriff.
*#+ a public officer.
*(+ a private warehouseman.
*F+ an agent of the party to whom the property will
ultimately be awarded.
*:6+ The (=./'/( en banc shall decide a motion for
reconsideration of
*A+ the <ouse or Gepresentatives and the -enate electoral
tribunals.
*#+ the decision of the election registrar.
*(+ the decision of the (=./'/( division involving an
election protest.
*F+ its own decision involving an election protest.
*:1+ Adela served as .ayor of Basim for $ consecutive terms. =n
her third term, (=./'/( ousted her in an election protest that
Audi, her opponent, filed against her. Two years later, Audi faced
recall proceedings and Adela ran in the recall election against him.
Adela won and served as .ayor for AudiIs remaining term. (an
Adela run again for .ayor in the ne%t succeeding election without
violating the 0 term limit?
*A+ "o, she won the regular mayoralty election for two
consecutive terms and the recall election constitutes her
third term.
*#+ A. "o, she already won the mayoralty election for 0
consecutive terms.
*(+ es, her ouster from office in her third term interrupted
the continuity of her service as mayor.
*F+ es, the fresh mandate given her during the recall
election erased her dis3ualification for a third term.
*:$+ A child born in the Enited -tates to a Filipino mother and an
American father is
*A+ a Filipino citiDen by election.
*#+ a repatriated Filipino citiDen.
*(+ a dual citiDen.
*F+ a natural born Filipino citiDen.
*:0+ &nvoluntary servitude may be re3uired as
*A+ part of rehabilitation of one duly charged with a crime.
*#+ substitute penalty for one who has been duly tried for a
crime.
*(+ punishment for a crime where one has been duly
convicted.
*F+ condition precedent to oneIs valid arraignment.
*:7+ Qan sought to dis3ualify .anresa as congresswoman of the
third district of .anila on the ground that the latter is a greencard
holder. #y the time the case was decided against .anresa, she had
already served her full term as congresswoman. 1hat was
.anresaIs status during her incumbency as congresswoman?
*A+ -he was a de 9ure officer, having been duly elected.
*#+ -he was not a public officer because she had no valid
e%isting public office.
*(+ -he was a de 9ure officer since she completed her term
before she was dis3ualified.
*F+ -he was a de facto officer since she was elected,
served, and her dis3ualification only came later.
*:4+ 1hose appointment is "=T sub9ect to confirmation by the
(ommission on Appointments?
*A+ (hairman of the (ivil -ervice (ommission
*#+ (hief Justice of the -upreme (ourt
*(+ (hief of -taff of the Armed Forces of the )hilippines
*F+ /%ecutive -ecretary
*::+ The system of checks and balances operates when
*A+ the )resident nullifies a conviction in a criminal case
by pardoning the offender.
*#+ (ongress increases the budget proposal of the
)resident.
*(+ the )resident does not release the countryside
development funds to members of (ongress.
*F+ (ongress e%pands the appellate 9urisdiction of the
-upreme (ourt, as defined by the (onstitution.
*:@+ The price of staple goods like rice may be regulated for the
protection of the consuming public through the e%ercise of
*A+ power of subordinate legislation.
*#+ emergency power.
*(+ police power.
*F+ residual power.
*:2+ Associate Justice A retires from the -upreme (ourt >6 days
before the forthcoming )residential election. .ay the incumbent
)resident still appoint Justice AIs successor?
*A+ "o, it will violate the (onstitutional prohibition
against midnight appointments.
*#+ es, vacancies in the -upreme (ourt should be filled
within >6 days from occurrence of the vacancy.
*(+ es, vacancies in the -upreme (ourt should be filled
within >6 days from submission of J#( nominees to the
)resident.
*F+ "o, the incumbent )resident must yield to the choice
of the ne%t )resident
*:>+ The )resident may set a limit on the countryIs import 3uota in
the e%ercise of his
*A+ delegated power.
*#+ concurring power.
*(+ residual power.
*F+ inherent power.
*@6+ Amor sued for annulment of a deed of sale of 'ot 1. 1hile the
case was ongoing, #altaDar, an interested buyer, got a (ertification
from Atty. (rispin, the (lerk of (ourt, that 'ot 1 was not involved
in any pending case before the court. Acting on the certification, the
Gegister of Feeds canceled the notice of lis pendens annotated on
'ot 18s title. Amor filed a damage suit against Atty. (rispin but the
latter invoked good faith and immunity from suit for acts relating to
his official duty, claiming he was not yet the (lerk of (ourt when
Amor filed his action. Fecide.
*A+ Atty. (rispin is immune from suit since he en9oys the
presumption of regularity of performance of public duty.
*#+ Atty. (rispinIs defense is invalid since he issued his
certification recklessly without checking the facts.
*(+ Atty. (rispinIs defense is valid since he was unaware of
the pendency of the case.
*F+ As (lerk of (ourt, Atty. (rispin en9oys absolute
immunity from suit for acts relating to his work.
*@1+ The <ousing and 'and Ese Gegulatory #oard *<'EG#+ found
Atlantic <omes, &nc. liable in damages arising from its delayed
release of the title to the house and lot that it sold to Josephine.
Atlantic appealed to the =ffice of the )resident which rendered a
one page decision, affirming the attached <'EG# 9udgment.
Atlantic challenges the validity of the decision of the =ffice of the
)resident for not stating the facts and the law on which it is based.
&s the challenge correct?
*A+ "o, the =ffice of the )resident is governed by its own
rules respecting review of cases appealed to it.
*#+ es, the decision of the =ffice of the )resident must
contain its own crafted factual findings and legal
conclusions.
*(+ es, administrative due process demands that the
=ffice of the )resident make findings and conclusions
independent of its subordinate.
*F+ "o, the =ffice of the )resident is not precluded from
adopting the factual findings and legal conclusions
contained in the <'EG# decision.
*@$+ A collision occurred involving a passenger 9eepney driven by
'eonardo, a cargo truck driven by Joseph, and a dump truck driven
by 'auro but owned by the (ity of (ebu. 'auro was on his way to
get a load of sand for the repair of the road along Fuente -treet,
(ebu (ity. As a result of the collision, 0 passengers of the 9eepney
died. Their families filed a complaint for damages against Joseph
who in turn filed a third party complaint against the (ity of (ebu
and 'auro. &s the (ity of (ebu liable for the tort committed by its
employee?
*A+ The (ity of (ebu is not liable because its employee
was engaged in the discharge of a governmental function.
*#+ The (ity of (ebu is liable for the tort committed by its
employee while in the discharge of a non-governmental
function.
*(+ The (ity of (ebu is liable in accord with the precept of
respondeat superior.
*F+ The (ity of (ebu is not liable as a conse3uence of its
non-suitability.
*@0+ Furing promulgation of sentence, the presence of the accused
is mandatory but he may appear by counsel or representative when
*A+ he is charged with a light offense.
*#+ he was able to cross-e%amine the prosecution8s
witnesses.
*(+ he waives his right to be present.
*F+ he is convicted of a bailable offense.
*@7+ An information for murder was filed against C. After
e%amining the case records forwarded to him by the prosecution, the
trial 9udge granted bail to C based on the prosecutionIs
manifestation that it was not ob9ecting to the grant of bail. &s the
trial 9udge correct?
*A+ es, the trial 9udge may evaluate the strength or
weakness of the evidence based on the case records
forwarded to him.
*#+ "o, the trial 9udge should have held a hearing to
ascertain the 3uality of the evidence of guilt that the
prosecution had against C.
*(+ "o, the trial 9udge should have conducted a hearing to
ascertain first whether or not C was validly arrested.
*F+ es, the trial 9udge may reasonably rely on the
prosecutionIs manifestation that he had no ob9ection to the
grant of bail.
*@4+ The )resident (A""=T call out the military
*A+ to enforce customs laws.
*#+ to secure shopping malls against terrorists.
*(+ to arrest persons committing rebellion.
*F+ to raid a suspected haven of lawless elements.
*@:+ .ass media in the )hilippines may be owned and managed by
*A+ corporations wholly owned and managed by Filipinos.
*#+ corporations :65 owned by Filipinos.
*(+ corporations wholly owned by Filipinos.
*F+ corporations :65 owned and managed by Filipinos.
*@@+ )rocedural due process in administrative proceedings
*A+ re3uires the tribunal to consider the evidence
presented.
*#+ allows the losing party to file a motion for
reconsideration.
*(+ re3uires hearing the parties on oral argument.
*F+ permits the parties to file memoranda.
*@2+ The (onstitution prohibits cruel and inhuman punishments
which involve
*A+ torture or lingering suffering.
*#+ primitive and gross penalties.
*(+ unusual penal methods.
*F+ degrading and 3ueer penalties.
*@>+ Judge 'loyd was charged with serious misconduct before the
-upreme (ourt. The (ourt found him guilty and ordered him
dismissed. #elieving that the decision was not immediately
e%ecutory, he decided a case that had been submitted for resolution.
The decision became final and e%ecutory. #ut the losing party filed
a certiorari action with the (ourt of Appeals seeking to annul the
writ of e%ecution issued in the case and bar Judge 'loyd from
further acting as 9udge. (an the relief against Judge 'loyd be
granted?
*A+ "o, Judge 'loydIs right to stay as 9udge may be
challenged only by direct proceeding, not collaterally.
*#+ es, the action against Judge 'loyd may be
consolidated with the case before the (ourt of Appeals and
decided by it.
*(+ es, Judge 'loyd Is right to stay as 9udge may be
challenged as a necessary incident of the certiorari action.
*F+ "o, the losing party has no standing to challenge Judge
'loydIs right to stay as 9udge.
*26+ /%ecutive -ecretary (hua issued an order prohibiting the
holding of rallies along .endiola because it hampers the traffic
flow to .alacanang. A group of militants 3uestioned the order for
being unconstitutional and filed a case against -ecretary (hua to
restrain him from enforcing the order. -ecretary (hua raised state
immunity from suit claiming that the state cannot be sued without
its consent. &s the claim correct?
*A+ "o, public officers may be sued to restrain him from
enforcing an act claimed to be unconstitutional.
*#+ es, the order was not a proprietary act of the
government.
*(+ "o, only the president may raise the defense of
immunity from suit.
*F+ es, -ecretary (hua cannot be sued for acts done in
pursuance to his public office.
*21+ Anton was the duly elected .ayor of Tunawi in the local
elections of $667. <e got 415 of all the votes cast. Fourteen months
later, Qictoria, who also ran for mayor, filed with the 'ocal /lection
Gegistrar, a petition for recall against Anton. The (=./'/(
approved the petition and set a date for its signing by other 3ualified
voters in order to garner at least $45 of the total number of #ar
/%amination Muestionnaire for )olitical 'aw -et A registered voters
or total number of those who actually voted during the local election
in $664, whichever is lower. Anton attacked the (=./'/(
resolution for being invalid. Fo you agree with Anton?
*A+ "o, the petition, though initiated by 9ust one person,
may be ratified by at least $45 of the total number of
registered voters.
*#+ "o, the petition, though initiated by 9ust one person
may be ratified by at least $45 of those who actually voted
during the $667 local elections.
*(+ es, the petition should be initiated by at least $45 of
the total number of registered voters who actually voted
during the $667 local elections.
*F+ es,the petition should be initiated by at least $45 of
the total number of registered voters of Tunawi.
*2$+ Esing the description of the supplier of shabu given by persons
who had been arrested earlier for selling it, the police conducted a
surveillance of the area indicated. 1hen they saw a man who fitted
the description walking from the apartment to his car, they
approached and frisked him and he did not ob9ect. The search
yielded an unlicensed gun tucked on his waist and shabu in his car.
&s the search valid?
*A+ "o, the man did not manifest any suspicious behavior
that would give the police sufficient reason to search him.
*#+ es, the police acted on reliable information which
proved correct when they searched the man and his car.
*(+ es, the man should be deemed to have waived his
right to challenge the search when he failed to ob9ect to the
frisking.
*F+ "o, reliable information alone, absent any proof
beyond reasonable doubt that the man was actually
committing an offense, will not validate the search.
*20+ A law interfering with the rights of the person meets the
re3uirements of substantive due process when
*A+ the means employed is not against public policy.
*#+ it is in accord with the prescribed manner of
enforcement as to time, place, and person.
*(+ all affected parties are given the chance to be heard.
*F+ the interest of the general public, as distinguished from
those of a particular case, re3uires such interference.
*27+ A 9udge of the Gegional Trial (ourt derives his powers and
duties from
*A+ statute.
*#+ the )resident, the appointing power.
*(+ -upreme (ourt issuances.
*F+ the rules of court.
*24+ 1hen an elective officialIs preventive suspension will result in
depriving his constituents of his services or representation, the court
may
*A+ re3uire the investigating body to e%pedite the
investigation.
*#+ hold in abeyance the period of such suspension.
*(+ direct the holding of an election to fill up the
temporary vacancy.
*F+ shorten the period of such suspension.
*2:+ 1hen the -tate re3uires private cemeteries to reserve 165 of
their lots for burial of the poor, it e%ercises its
*A+ eminent domain power.
*#+ Doning power.
*(+ police power.
*F+ ta%ing power.
*2@+ &n the valid e%ercise of management prerogative consistent
with the companyIs right to protect its economic interest, it may
prohibit its employees from
*A+ 9oining rallies during their work shift.
*#+ marrying employees of competitor companies.
*(+ publicly converging with patrons of competitor
companies.
*F+ patroniDing the product of competitor companies.
*22+ The )resident issued an e%ecutive order directing all
department heads to secure his consent before agreeing to appear
during 3uestion hour before (ongress on matters pertaining to their
departments. &s the e%ecutive order unconstitutional for suppressing
information of public concern?
*A+ "o, because those department heads are his alter egos
and he is but e%ercising his right against self-incrimination.
*#+ es, the )resident cannot control the initiative of the
department heads to conform with the oversight function of
(ongress.
*(+ es, the )resident cannot withhold consent to the
initiative of his department heads as it will violate the
principle of check and balance.
*F+ "o, the )resident has the power to withhold consent to
appearance by his department heads during 3uestion hour.
*2>+ 1hen the )resident contracted a personal loan during his
incumbency, he may be sued for sum of money
*A+ during his term of office.
*#+ during his tenure of office.
*(+ after his term of office.
*F+ after his tenure of office.
*>6+ The -enate #lue Gibbon (ommittee summoned C, a former
department secretary, to shed light on his alleged illicit ac3uisition
of properties claimed by the )residential (ommission on Aood
Aovernment. C sought to restrain the (ommittee from proceeding
with its investigation because of a pending criminal case against
him before the -andiganbayan for ill-gotten wealth involving the
same properties. Fecide. The investigation may
*A+ not be restrained on ground of separation of powers.
*#+ be restrained on ground of pre9udicial 3uestion.
*(+ not be restrained on ground of presumed validity of
legislative action.
*F+ be restrained for being sub 9udice.
*>1+ A government that actually e%ercises power and control as
opposed to the true and lawful government is in terms of legitimacy
*A+ a government of force.
*#+ an interim government.
*(+ a de facto government.
*F+ an illegitimate government.
*>$+ The -pecial (ommittee on "aturaliDation is headed by
*A+ the -ecretary of Justice.
*#+ the -ecretary of Foreign Affairs.
*(+ the "ational -ecurity Adviser.
*F+ the -olicitor Aeneral.
*>0+ The )resident issued )roclamation >41@ declaring a state of
emergency and calling the armed forces to immediately carry out
necessary measures to suppress terrorism and lawless violence. &n
the same proclamation, he directed the governmentIs temporary
takeover of the operations of all privately owned communication
utilities, prescribing reasonable terms for the takeover. &s the
takeover valid?
*A+ es, it is an implied power flowing from the )residentIs
e%ercise of emergency power.
*#+ "o, it is a power reserved for (ongress alone.
*(+ es, sub9ect to ratification by (ongress.
*F+ "o, it is a power e%clusively reserved for the )eopleIs
direct action.
*>7+ A candidate for -enator must be at least 04 years old on
*A+ the day he is duly proclaimed.
*#+ the day the election is held.
*(+ the day he files his certificate of candidacy.
*F+ the day he takes his oath of office.
*>4+ The =ffice of the -pecial )rosecutor may file an information
against a public officer for graft
*A+ on its own initiative sub9ect to withdrawal of the
information by the =mbudsman.
*#+ independently of the =mbudsman, e%cept in plunder
cases.
*(+ only when authoriDed by the =mbudsman.
*F+ independently of the =mbudsman.
*>:+ -ince the (onstitution is silent as to who can appoint the
(hairman of the (ommission on <uman Gights, the )resident
appointed 1 to that position without submitting his appointment to
the (ommission on Appointments for confirmation. &s 18s
appointment by the )resident valid?
*A+ "o, since the position of (hairman of the (ommission
was created by statute, the appointment of its holder
re3uires the consent of (ongress.
*#+ es, since the power to appoint in the government, if
not lodged elsewhere, belongs to the )resident as (hief
/%ecutive.
*(+ es, since the power to fill up all government positions
mentioned in the (onstitution has been lodged in the
)resident.
*F+ "o, because absent any e%press authority under the
(onstitution, the power to appoint does not e%ist.
*>@+ The (hief Justice appointed C, the )resident8s sister, as
Assistant (ourt Administrator in the -upreme (ourt during the
)residentIs tenure. (laiming that the (onstitution prohibits the
appointment in government of a )resident8s relative, a ta%payer asks
for its nullification. 1ill the challenge prosper?
*A+ es, since the appointment essentially violates the law
against nepotism.
*#+ es, because relatives of the )resident within the fourth
civil degree cannot be appointed as heads of offices in any
department of government.
*(+ "o, CIs appointment, although in the government, is
not in the /%ecutive Fepartment that the )resident heads.
*F+ "o, the position to which C was appointed is not
among those prohibited under the (onstitution.
*>2+.ay an incumbent Justice of the -upreme (ourt be disbarred as
a lawyer?
*A+ "o, it will amount to removal.
*#+ "o, his membership in the bar is secure.
*(+ es, by the -upreme (ourt itself.
*F+ es, by (ongress in 9oint session.
*>>+ .ayor 'ucia of (asidsid filed her certificate of candidacy for
congresswoman of the district covering (asidsid. -till, she
continued to act as mayor of (asidsid without collecting her salaries
as such. 1hen she lost the election and a new mayor assumed
office, she filed an action to collect the salaries she did not get while
serving as mayor even when she ran for congresswoman. &s her
action correct?
*A+ "o, salaries can be waived and she waived them.
*#+ "o, because her acts as de facto officer are void insofar
as she is concerned.
*(+ es, public policy demands that a de facto officer en9oy
the same rights of a de 9ure officer.
*F+ A. es, it is but 9ust that she be paid for the service she
rendered.
*166+ C, a Filipino and , an American, both teach at the
&nternational &nstitute in .anila. The institute gave C a salary rate
of )1,666 per hour and , )1,$46 per hour plus housing,
transportation, shipping costs, and leave travel allowance. The
school cited the dislocation factor and limited tenure of to 9ustify
his high salary rate and additional benefits. The same package was
given to the other foreign teachers. The Filipino teachers assailed
such differential treatment, claiming it is discriminatory and violates
the e3ual protection clause. Fecide.
*A+ The classification is based on superficial differences.
*#+ The classification undermines the ?Filipino First?
policy.
*(+ The distinction is fair considering the burden of
teaching abroad.
*F+ The distinction is substantial and uniformly applied to
each class.
2010 +OLITI.AL LAW BAR EXAM QUESTIONS
+ART I
I
The dictatorial regime of )resident A of the Gepublic of Aordon was
toppled by a combined force led by Aen. Abe, former royal guards
and the secessionist Aordon )eople8s Army. The new government
constituted a Truth and Geconciliation (ommission to look into the
serious crimes committed under )resident A8s regime. After the
hearings, the (ommission recommended that an amnesty law be
passed to cover even those involved in mass killings of members of
indigenous groups who opposed )resident A. &nternational human
rights groups argued that the proposed amnesty law is contrary to
international law. Fecide with reasons. *75+
II
(ompare and contrast the 9urisdiction of the &nternational (riminal
(ourt and &nternational (ourt of Justice. *05+
III
A, a #ritish photo9ournalist, was covering the violent protests of the
Thai Ged--hirts .ovement in #angkok. Fespite warnings given by
the Thai )rime .inister to foreigners, specially 9ournalists, A
moved around the Thai capital. &n the course of his coverage, he
was killed with a stray bullet which was later identified as having
come from the ranks of the Ged--hirts. The wife of A sought relief
from Thai authorities but was refused assistance.
a. &s there state responsibility on the part of Thailand? *$5+
b. 1hat is the appropriate remedy available to the victim8s
family under international law? *05+
IV
(hoose the statement which appropriately completes the opening
phrase,
RA -tate which resorts to retorsion in international law
a. must ensure that all states consent to its act.
b. cannot curtail migration from the offending state.
c. can e%pel the nationals of the offending state.
d. should apply proportionate response within appreciable
limit.
e. "one of the above.
/%plain your answer. *$5+
V
(ongresswoman A is a co-owner of an industrial estate in -ta. Gosa,
'aguna which she had declared in her -tatement of Assets and
'iabilities. A member of her political party authored a bill which
would provide a 4-year development plan for all industrial estates in
the -outhern Tagalog Gegion to attract investors. The plan included
an appropriation of $ billion pesos for construction of roads around
the estates. 1hen the bill finally became law, a civil society
watchdog 3uestioned the constitutionality of the law as it obviously
benefitted (ongresswoman A8s industrial estate. Fecide with
reasons. *05+
VI
The R)overty Alleviation and Assistance ActT was passed to
enhance the capacity of the most marginaliDed families nationwide.
A financial assistance scheme called Rconditional cash transfersT
was initially funded 466 million pesos by (ongress. =ne of the
provisions of the law gave the Joint-(ongressional =versight
(ommittee authority to screen the list of beneficiary families
initially determined by the -ecretary of Fepartment of -ocial
1elfare and Fevelopment pursuant to the Fepartment implementing
rules. .ang )andoy, a resident of -mokey .ountain in Tondo,
3uestioned the authority of the (ommittee.
a. Foes .ang )andoy have legal standing to 3uestion the
law?*$5+
b. &s the grant of authority to the =versight (ommittee to
screen beneficiaries constitutional? *05+
Fecide with reasons.
VII
T!&e %! F0'e.
a. A proclamation of a state of emergency is sufficient to
allow the )resident to take over any public utility. *6.45+
b. A treaty which provides ta% e%emption needs no
concurrence by a ma9ority of all the .embers of the
(ongress. *6.45+
VIII
Fistinguish Rpresidential communications privilegeT from
Rdeliberative process privilege.T *05+
IX
The 'eague of Filipino )olitical -cientists *'F)-+ organiDed an
international conference on the human rights situation in .yanmar
at the (entral 'uDon -tate Eniversity *('-E+. An e%iled .yanmar
professor -ung Bui, critical of the military government in .yanmar,
was invited as keynote speaker. The -ecretary of Foreign Affairs
informed the )resident of the regional and national security
implications of having )rof. Bui address the conference. The
)resident thereupon instructed the immigration authorities to
prevent the entry of )rof. Bui into )hilippine territory. The
chancellor of ('-E argued that the instruction violates the
(onstitution. Fecide with reasons. *75+
X
A, the wife of an alleged victim of enforced disappearance, applied
for the issuance of a 1rit of Amparo before a Gegional Trial (ourt
in Tarlac. Epon motion of A, the court issued inspection and
production orders addressed to the AF) (hief of -taff to allow entry
at (amp A3uino and permit the copying of relevant documents,
including the list of detainees, if any. Accompanied by court-
designated (ommission on <uman Gights *(<G+ lawyers, A took
photographs of a suspected isolation cell where her husband was
allegedly seen being held for three days and tortured before he
finally disappeared. The (<G lawyers re3uested one 't. QaldeD for
a photocopy of the master plan of (amp A3uino and to confirm in
writing that he had custody of the master plan. 't. QaldeD ob9ected
on the ground that it may violate his right against self-incrimination.
Fecide with reasons. *75+
XI
1hich statement best completes the following phrase, *15+
RFreedom from torture is a right
a. sub9ect to derogation when national security is threatened.T
b. confined only during custodial investigation.T
c. which is non-derogable both during peacetime and in a
situation of armed conflict.T
d. both *a+ and *b+
e. none of the above.
XII
A witnessed two hooded men with baseball bats enter the house of
their ne%t door neighbor #. After a few seconds, he heard #
shouting, R<uwag )ilo babayaran kita agad.T Then A saw the two
hooded men hitting # until the latter fell lifeless. The assailants
escaped using a yellow motorcycle with a fireball sticker on it
toward the direction of an e%clusive village nearby. A reported the
incident to )=1 "uval. The following day, )=1 "uval saw the
motorcycle parked in the garage of a house at -ta. &nes -treet inside
the e%clusive village. <e in3uired with the caretaker as to who
owned the motorcycle. The caretaker named the brothers )ilo and
Gamon .aradona who were then outside the country. )=1 "uval
insisted on getting inside the garage. =ut of fear, the caretaker
allowed him. )=1 "uval took $ ski masks and $ bats beside the
motorcycle. 1as the search valid? 1hat about the seiDure? Fecide
with reasons. *75+
XIII
T!&e %! F0'e.
a. A valid and definite offer to buy a property is a pre-
re3uisite to e%propriation initiated by a local government
unit. *6.45+
b. Ge-classification of land by a local government unit may
be done through a resolution. *6.45+
c. #oundary disputes between and among municipalities in
the same province may be filed immediately with the
Gegional Trial (ourt. *6.45+
d. The .etropolitan .anila Fevelopment Authority is
authoriDed to confiscate a driver8s license in the
enforcement of traffic regulations. *6.45+
XIV
A#( operates an industrial waste processing plant within 'aoag
(ity. =ccasionally, whenever fluid substances are released through a
nearby creek, obno%ious odor is emitted causing diDDiness among
residents in #arangay 'a )aD. =n complaint of the )unong
#arangay, the (ity .ayor wrote A#( demanding that it abate the
nuisance. This was ignored. An invitation to attend a hearing called
by the -angguniang )anlungsod was also declined by the president
of A#(. The city government thereupon issued a cease and desist
order to stop the operations of the plant, prompting A#( to file a
petition for in9unction before the Gegional Trial (ourt, arguing that
the city government did not have any power to abate the alleged
nuisance. Fecide with reasons. *05+
XV
T!&e %! F0'e.
a. A person who occupies an office that is defectively created
is a de facto officer. *6.45+
b. The rule on nepotism does not apply to designations made
in favor of a relative of the authority making a designation.
*6.45+
c. A discretionary duty of a public officer is never delegable.
*6.45+
d. Ac3uisition of civil service eligibility during tenure of a
temporary appointee does not automatically translate to a
permanent appointment. *6.45+
XVI
Gudy Fomingo, 02 years old, natural-born Filipino and a resident of
the )hilippines since birth, is a .anila-based entrepreneur who runs
BA#ABA, a coalition of peoples8 organiDations from fisherfolk
communities. BA#ABA8s operations consist of empowering
fisherfolk leaders through livelihood pro9ects and trainings on good
governance. The Futch Foundation for Alobal &nitiatives, a private
organiDation registered in The "etherlands, receives a huge subsidy
from the Futch Foreign .inistry, which, in turn is allocated
worldwide to the Foundation8s partners like BA#ABA. Gudy seeks
to register BA#ABA as a party-list with himself as a nominee of the
coalition. 1ill BA#ABA and Gudy be 3ualified as a party-list and a
nominee, respectively? Fecide with reasons. *75+
+ART II
XVII
Furing his campaign sortie in #arangay -alamanca, .ayor Aalicia
was arrested at a )") checkpoint for carrying highpowered firearms
in his car. <e was charged and convicted for violation of the
(=./'/( gun ban. <e did not appeal his conviction and instead
applied for e%ecutive clemency. Acting on the favorable
recommendation of the #oard of )ardons and )arole, the )resident
granted him pardon. &s he eligible to run again for an elective
position? /%plain briefly. *45+
XVIII
The <ouse (ommittee on Appropriations conducted an in3uiry in
aid of legislation into alleged irregular and anomalous
disbursements of the (ountrywide Fevelopment Fund *(FF+ and
(ongressional &nitiative Allocation *(&A+ of (ongressmen as
e%posed by C, a Fivision (hief of the Fepartment of #udget and
.anagement *F#.+. &mplicated in the 3uestionable disbursements
are high officials of the )alace. The <ouse (ommittee summoned C
and the F#. -ecretary to appear and testify. C refused to appear,
while the -ecretary appeared but refused to testify invoking
e%ecutive privilege.
a. .ay C be compelled to appear and testify? &f yes, what
sanction may be imposed on him? *$5+
b. &s the #udget -ecretary shielded by e%ecutive privilege
from responding to the in3uiries of the <ouse (ommittee?
/%plain briefly. &f the answer is no, is there any sanction
that may be imposed upon him? *05+
XIX
To instill religious awareness in the students of FoWa Trinidad <igh
-chool, a public school in #ulacan, the )arent- Teacher8s
Association of the school contributed funds for the construction of a
grotto and a chapel where ecumenical religious services and
seminars are being held after school hours. The use of the school
grounds for these purposes was 3uestioned by a parent who does not
belong to any religious group. As his complaint was not addressed
by the school officials, he filed an administrative complaint against
the principal before the F/(-. &s the principal liable? /%plain
briefly. *45+
XX
FefineHe%plain the following,
a. Foctrine of operative facts *15+
b. Fe facto municipal corporation *15+
c. .unicipal corporation by estoppel *15+
d. Foctrine of necessary implication *15+
e. )rinciple of holdover *15+
XXI
The -angguniang )anlungsod of )asay (ity passed an ordinance
re3uiring all disco pub owners to have all their hospitality girls
tested for the A&F- virus. #oth disco pub owners and the hospitality
girls assailed the validity of the ordinance for being violative of
their constitutional rights to privacy and to freely choose a calling or
business. &s the ordinance valid? /%plain. *45+
XXII
Aovernor Fiy was serving his third term when he lost his
governorship in a recall election.
a. 1ho shall succeed Aovernor Fiy in his office as
Aovernor? *15+
b. (an Aovernor Fiy run again as governor in the ne%t
election? *$5+
c. (an Aovernor Fiy refuse to run in the recall election and
instead resign from his position as governor? *$5+
XXIII
A was a career Ambassador when he accepted an ad interim
appointment as (abinet .ember. The (ommission on
Appointments bypassed his ad interim appointment, however, and
he was not re-appointed. (an he re-assume his position as career
Ambassador? *45+
XXIV
(ompare and contrast Roverbreadth doctrineT from Rvoid-
forvaguenessT doctrine. *45+
XXV
a. 1hat is the rotational scheme of appointments in the
(=./'/(? *$5+
b. 1hat are the two conditions for its workability? *$5+
c. To what other constitutional offices does the rotational
scheme of appointments apply? *$5+
XXVI
Fistinguish between Rpocket vetoT and Ritem veto.T *$5+
XXVII
1hat is the concept of association under international law? *$5+
200, +OLITI.AL LAW BAR QUESTIONS
+ART I
I
TRUE %! FALSE. Answer TGE/ if the statement is true, or
FA'-/ if the statement is false. /%plain your answer in not more
than two *$+ sentences. *45+
a. A law making ?#ayan Bo? the new national anthem of the
)hilippines, in lieu of ?'upang <inirang,? is constitutional.
b. Ender the archipelago doctrine, the waters around,
between, and connecting the islands of the archipelago
form part of the territorial sea of the archipelagic state.
c. A law that makes military service for women merely
voluntary is constitutional.
d. A law fi%ing the passing grade in the #ar e%aminations at
@65, with no grade lower than 765 in any sub9ect, is
constitutional.
e. An educational institution 1665 foreign-owned may be
validly established in the )hilippines.
II
Fespite lingering 3uestions about his Filipino citiDenship and his
one-year residence in the district, Aabriel filed his certificate of
candidacy for congressman before the deadline set by law. <is
opponent, Qito, hires you as lawyer to contest AabrielIs candidacy.
a. #efore election day, what action or actions will you
institute against Aabriel, and before which court,
commission or tribunal will you file such actionHs?
Geasons. *$5+
b. &f, during the pendency of such actionHs but before election
day, Aabriel withdraws his certificate of candidacy, can he
be substituted as candidate? &f so, by whom and why? &f
not, why not? *$5+
c. &f the actionHs instituted should be dismissed with finality
before the election, and Aabriel assumes office after being
proclaimed the winner in the election, can the issue of his
candidacy andHor citiDenship and residence still be
3uestioned? &f so, what action or actions may be filed and
where? &f not, why not? *$5+
III
The .unicipality of #ulalakaw, 'eyte, passed =rdinance "o. 1$07,
authoriDing the e%propriation of two parcels of land situated in the
poblacion as the site of a freedom park, and appropriating the funds
needed therefor. Epon review, the XSangguniang anlalawigan of
'eyte disapproved the ordinance because the municipality has an
e%isting freedom park which, though smaller in siDe, is still suitable
for the purpose, and to pursue e%propriation would be needless
e%penditure of the peopleIs money. &s the disapproval of the
ordinance correct? /%plain your answer. *$5+
IV
The .unicipality of )inatukdao is sued for damages arising from
in9uries sustained by a pedestrian who was hit by a glass pane that
fell from a dilapidated window frame of the municipal hall. The
municipality files a motion to dismiss the complaint, invoking state
immunity from suit. Gesolve the motion with reasons. *05+
V
To address the pervasive problem of gambling, (ongress is
considering the following options, *1+ prohibit all forms of
gambling! *$+ allow gambling only on -undays! *0+ allow gambling
only in government-owned casinos! and *7+ remove all prohibitions
against gambling but impose a ta% e3uivalent to 065 on all
winnings.
a. &f (ongress chooses the first option and passes the
corresponding law absolutely prohibiting all forms of
gambling, can the law be validly attacked on the ground
that it is an invalid e%ercise of police power? /%plain your
answer. *$5+
b. &f (ongress chooses the last option and passes the
corresponding law imposing a 065 ta% on all winnings and
priDes won from gambling, would the law comply with the
constitutional limitations on the e%ercise of the power of
ta%ation? /%plain your answer. *$5+
VI
&n a criminal prosecution for murder, the prosecution presented, as
witness, an employee of the .anila <otel who produced in court a
videotape recording showing the heated e%change between the
accused and the victim that took place at the lobby of the hotel
barely 06 minutes before the killing. The accused ob9ects to the
admission of the videotape recording on the ground that it was taken
without his knowledge or consent, in violation of his right to
privacy and the Anti-1ire Tapping law. Gesolve the ob9ection with
reasons. *05+
VII
(rack agents of the .anila )olice Anti-"arcotics Enit were on
surveillance of a cemetery where the sale and use of prohibited
drugs were rumored to be rampant. The team saw a man with
reddish and glassy eyes walking unsteadily towards them, but he
immediately veered away upon seeing the policemen. The team
approached the man, introduced themselves as peace officers, then
asked what he had in his clenched fist. #ecause the man refused to
answer, a policeman pried the fist open and saw a plastic sachet
filled with crystalline substance. The team then took the man into
custody and submitted the contents of the sachet to forensic
e%amination. The crystalline substance in the sachet turned out to be
shabu. The man was accordingly charged in court.
Furing the trial, the accused,
a. challenged the validity of his arrest! *$5+ and
b. ob9ected to the admission in evidence of the prohibited
drug, claiming that it was obtained in an illegal search and
seiDure. *$5+
Fecide with reasons.
VIII
(ongressman "onoy delivered a privilege speech charging the
&ntercontinental Eniversal #ank *&E#+ with the sale of unregistered
foreign securities, in violation of G.A. 2@>>. <e then filed, and the
<ouse of Gepresentatives unanimously approved, a Gesolution
directing the <ouse (ommittee on Aood Aovernment *<(AA+ to
conduct an in3uiry on the matter, in aid of legislation, in order to
prevent the recurrence of any similar fraudulent activity.
The <(AA immediately scheduled a hearing and invited the
responsible officials of &E#, the (hairman and (ommissioners of
the -ecurities and /%change (ommission *-/(+, and the Aovernor
of the #angko -entral ng )ilipinas *#-)+. =n the date set for the
hearing, only the -/( (ommissioners appeared, prompting
(ongressman "onoy to move for the issuance of the
appropriate su!poena ad testi"icandu# to compel the attendance of
the invited resource persons.
The &E# officials filed suit to prohibit <(AA from proceeding with
the in3uiry and to 3uash the su!poena, raising the following
arguments,
a. The sub9ect of the legislative investigation is also the
sub9ect of criminal and civil actions pending before the
courts and the prosecutorIs office! thus, the legislative
in3uiry would preempt 9udicial action! *05+ and
b. (ompelling the &E# officials, who are also respondents in
the criminal and civil cases in court, to testify at the in3uiry
would violate their constitutional right against self-
incrimination. *05+
Are the foregoing arguments tenable? Geasons.
c. .ay the Aovernor of the #-) validly invoke e%ecutive
privilege and, thus, refuse to attend the legislative in3uiry?
1hy or why not? *05+
IX
1arlito, a natural-born Filipino, took up permanent residence in the
Enited -tates, and eventually ac3uired American citiDenship. <e
then married -hirley, an American, and sired three children. &n
August $66>, 1arlito decided to visit the )hilippines with his wife
and children, Johnny, $0 years of age! 1arlito, Jr., $6! and 'uisa,
1@.
1hile in the )hilippines, a friend informed him that he could
reac3uire )hilippine citiDenship without necessarily losing E.-.
nationality. Thus, he took the oath of allegiance re3uired under G.A.
>$$4.
a. <aving reac3uired )hilippine citiDenship, is 1arlito a
natural-born or a naturaliDed Filipino citiDen today?
/%plain your answer. *05+
b. 1ith 1arlito having regained )hilippine citiDenship, will
-hirley also become a Filipino citiDen? &f so, why? &f not,
what would be the most speedy procedure for -hirley to
ac3uire )hilippine citiDenship? /%plain. *05+
c. Fo the children --- Johnny, 1arlito Jr., and 'uisa ---
become Filipino citiDens with their fatherIs reac3uisition of
)hilippine citiDenship? /%plain your answer. *05+
X
.a%imino, an employee of the Fepartment of /ducation, is
administratively charged with dishonesty and gross misconduct.
Furing the formal investigation of the charges, the -ecretary of
/ducation preventively suspended him for a period of si%ty *:6+
days. =n the :6th day of the preventive suspension, the -ecretary
rendered a verdict, finding .a%imino guilty, and ordered his
immediate dismissal from the service.
.a%imino appealed to the (ivil -ervice (ommission *(-(+, which
affirmed the -ecretaryIs decision. .a%imino then elevated the
matter to the (ourt of Appeals *(A+. The (A reversed the (-(
decision, e%onerating .a%imino. The -ecretary of /ducation then
petitions the -upreme (ourt *-(+ for the review of the (A decision.
a. &s the -ecretary of /ducation a proper party to seek the
review of the (A decision e%onerating .a%imino?
Geasons. *$5+
b. &f the -( affirms the (A decision, is .a%imino entitled to
recover back salaries corresponding to the entire period he
was out of the service? /%plain your answer. *05+
+ART II
XI
TRUE %! FALSE. Answer TGE/ if the statement is true, or FA'-/
if the statement is false. /%plain your answer in not more than two
*$+ sentences. *45+
a. Aliens are absolutely prohibited from owning private lands
in the )hilippines.
b. A de "acto public officer is, by right, entitled to receive the
salaries and emoluments attached to the public office he
holds.
c. The )resident e%ercises the power of control over all
e%ecutive departments and agencies, including
government-owned or controlled corporations.
d. Fecisions of the =mbudsman imposing penalties in
administrative disciplinary cases are merely
recommendatory.
e. Fual citiDenship is not the same as dual allegiance.
XII
1illiam, a private American citiDen, a university graduate and
fre3uent visitor to the )hilippines, was inside the E.-. embassy
when he got into a heated argument with a private Filipino citiDen.
Then, in front of many shocked witnesses, he killed the person he
was arguing with. The police came, and brought him to the nearest
police station. Epon reaching the station, the police investigator, in
halting /nglish, informed 1illiam of his .iranda rights, and
assigned him an independent local counsel. 1illiam refused the
services of the lawyer, and insisted that he be assisted by a Filipino
lawyer currently based in the E.-. The re3uest was denied, and the
counsel assigned by the police stayed for the duration of the
investigation.
1illiam protested his arrest.
a. <e argued that since the incident took place inside the E.-.
embassy, )hilippine courts have no 9urisdiction because the
E.-. embassy grounds are not part of )hilippine territory!
thus, technically, no crime under )hilippine law was
committed. &s 1illiam correct? /%plain your answer.
*05+
b. <e also claimed that his .iranda rights were violated
because he was not given the lawyer of his choice! that
being an American, he should have been informed of his
rights in proper /nglish! and that he should have been
informed of his rights as soon as he was taken into custody,
not when he was already at the police station. 1as 1illiam
denied his .iranda rights? 1hy or why not? *05+
c. &f 1illiam applies for bail, claiming that he is entitled
thereto under the ?international standard of 9ustice? and
that he comes from a E.-. -tate that has outlawed capital
punishment, should 1illiam be granted bail as a matter of
right? Geasons. *05+
XIII
A terrorist group called the /merald #rigade is based in the -tate of
Asyaland. The government of Asyaland does not support the
terrorist group, but being a poor country, is powerless to stop it.
The /merald #rigade launched an attack on the )hilippines, firing
two missiles that killed thousands of Filipinos. &t then warned that
more attacks were forthcoming. Through diplomatic channels, the
)hilippines demanded that Asyaland stop the /merald #rigade!
otherwise, it will do whatever is necessary to defend itself.
Geceiving reliable intelligence reports of another imminent attack
by the /merald #rigade, and it appearing that Asyaland was
incapable of preventing the assault, the )hilippines sent a crack
commando team to Asyaland. The team stayed only for a few hours
in Asyaland, succeeded in killing the leaders and most of the
members of the /merald #rigade, then immediately returned to the
)hilippines.
a. 1as the )hilippine action 9ustified under the international
law principle of ?self-defense?? /%plain your answer.
*05+
b. As a conse3uence of the foregoing incident, Asyaland
charges the )hilippines with violation of Article $.7 of the
Enited "ations (harter that prohibits ?the threat or use of
force against the territorial integrity or political
independence of any -tate.? The )hilippines counters that
its commando team neither took any territory nor interfered
in the political processes of Asyaland. 1hich contention is
correct? Geasons. *05+
c. Assume that the commando team captured a member of the
/merald #rigade and brought him back to the )hilippines.
The )hilippine Aovernment insists that a special
international tribunal should try the terrorist. =n the other
hand, the terrorist argues that terrorism is not an
international crime and, therefore, the municipal laws of
the )hilippines, which recogniDe access of the accused to
constitutional rights, should apply. Fecide with reasons.
*05+
XIV
The )hilippine Aovernment is negotiating a new security treaty with
the Enited -tates which could involve engagement in 9oint military
operations of the two countriesI armed forces. A loose organiDation
of Filipinos, the Babataan at .atatandang .akabansa *B..+
wrote the Fepartment of Foreign Affairs *FFA+ and the Fepartment
of "ational Fefense *F"F+ demanding disclosure of the details of
the negotiations, as well as copies of the minutes of the meetings.
The FFA and the F"F refused, contending that premature
disclosure of the offers and counter-offers between the parties could
9eopardiDe on-going negotiations with another country. B.. filed
suit to compel disclosure of the negotiation details, and be granted
access to the records of the meetings, invoking the constitutional
right of the people to information on matters of public concern.
a. Fecide with reasons. *05+
b. 1ill your answer be the same if the information sought by
B.. pertains to contracts entered into by the Aovernment
in its proprietary or commercial capacity? 1hy or why
not? *05+
XV
The BBB Television "etwork *BBB-TQ+ aired the documentary,
?(ase 'aw, <ow the -upreme (ourt Fecides,? without obtaining
the necessary permit re3uired by ).F. 1>2:. (onse3uently, the
.ovie and Television Geview and (lassification #oard *.TG(#+
suspended the airing of BBB-TQ programs. .TG(# declared that
under ).F. 1>2:, it has the power of prior review over all television
programs, e%cept ?newsreels? and programs ?by the Aovernment?,
and the sub9ect documentary does not fall under either of these two
classes. The suspension order was ostensibly based on
.emorandum (ircular "o. >2-1@ which grants .TG(# the
authority to issue such an order.
BBB-TQ filed a certiorari petition in court, raising the following
issues,
a. The act of .TG(# constitutes ?prior restraint? and
violates the constitutionally guaranteed freedom of
e%pression! *05+ and
b. 1hile .emorandum (ircular "o. >2-1@ was issued and
published in a newspaper of general circulation, a copy
thereof was never filed with the =ffice of the "ational
Gegister of the Eniversity of the )hilippines 'aw (enter.
*$5+
Gesolve the foregoing issues, with reasons.
XVI
a. Angelina, a married woman, is a Fivision (hief in the
Fepartment of -cience and Technology. -he had been
living with a married man, not her husband, for the last
fifteen *14+ years. Administratively charged with
immorality and conduct pre9udicial to the best interest of
the service, she admits her live-in arrangement, but
maintains that this con9ugal understanding is in conformity
with their religious beliefs. As members of the religious
sect, $ahweh%s O!ser&ers, they had e%ecuted a Feclaration
of )ledging Faithfulness which has been confirmed and
blessed by their (ouncil of /lders. At the formal
investigation of the administrative case, the Arand /lder of
the sect affirmed AngelinaIs testimony and attested to the
sincerity of Angelina and her partner in the profession of
their faith. &f you were to 9udge this case, will you
e%onerate Angelina? Geasons. *05+
b. .eanwhile, Jenny, also a member of $ahweh%s O!ser&ers,
was severely disappointed at the manner the Arand /lder
validated what she considered was an obviously immoral
con9ugal arrangement between Angelina and her partner.
Jenny filed suit in court, seeking the removal of the Arand
/lder from the religious sect on the ground that his act in
supporting Angelina not only ruined the reputation of their
religion, but also violated the constitutional policy
upholding the sanctity of marriage and the solidarity of the
family. 1ill JennyIs case prosper? /%plain your answer.
*$5+
XVII
Filipinas (omputer (orporation *F((+, a local manufacturer of
computers and computer parts, owns a sprawling plant in a 4,666-
s3uare meter lot in )asig (ity. To remedy the cityIs acute housing
shortage, compounded by a burgeoning population,
the Sangguniang anglungsod authoriDed the (ity .ayor to
negotiate for the purchase of the lot. The Sanggunian intends to
subdivide the property into small residential lots to be distributed at
cost to 3ualified city residents. #ut F(( refused to sell the lot. <ard
pressed to find a suitable property to house its homeless residents,
the (ity filed a complaint for eminent domain against F((.
a. &f F(( hires you as lawyer, what defense or defenses
would you set up in order to resist the e%propriation of the
property? /%plain. *45+
b. &f the (ourt grants the (ityIs prayer for e%propriation, but
the (ity delays payment of the amount determined by the
court as 9ust compensation, can F(( recover the property
from )asig (ity? /%plain. *$5+
c. -uppose the e%propriation succeeds, but the (ity decides to
abandon its plan to subdivide the property for residential
purposes having found a much bigger lot, can F(( legally
demand that it be allowed to repurchase the property from
the (ity of )asig? 1hy or why not? *$5+
XVIII
1hat are the essential elements of a valid petition for a peopleIs
initiative to amend the 1>2@ (onstitution? Fiscuss. *$5+
200- +OLITI.AL LAW BAR QUESTIONS
- & -
a. The legal yardstick in determining whether usage has
become customary international law is e%pressed in the
ma%im opinio juris si&e necessitatis or opinio juris for
short. 1hat does the ma%im mean? *05+
b. Ender international law, differentiate ?hard law? from ?soft
law?.*05+
- && -
.ay a treaty violate international law? &f your answer is in the
affirmative, e%plain when such may happen. &f your answer is in the
negative, e%plain why. *45+
- &&& -
The )resident alone without the concurrence of the -enate
abrogated a treaty. Assume that the other country-party to the treaty
is agreeable to the abrogation provided it complies with the
)hilippine (onstitution. &f a case involving the validity of the treaty
abrogation is brought to the -upreme (ourt, how should it be
resolved? *:5+
- &Q -
(ongress passed a law authoriDing the "ational <ousing Authority
*"<A+ to e%propriate or ac3uire private property for the
redevelopment of slum areas, as well as to lease or resell the
property to private developers to carry out the redevelopment plan.
)ursuant to the law, the "<A ac3uired all properties within a
targeted badly blighted area in -an "icolas, .anila e%cept a well-
maintained drug and convenience store that poses no blight or
health problem itself. Thereafter, "<A sold all the properties it has
thus far ac3uired to a private realty company for redevelopment.
Thus, the "<A initiated e%propriation proceedings against the store
owner who protested that his property could not be taken because it
is not residential or slum housing. <e also contended that his
property is being condemned for a private purpose, not a public one,
noting the "<AYs sale of the entire area e%cept his property to a
private party. &f you were the 9udge, how would you decide the
case? *:5+
- Q -
<aving received tips the accused was selling narcotics, two police
officers forced open the door of his room. Finding him sitting partly
dressed on the side of the bed, the officers spied two capsules on a
night stand beside the bed. 1hen asked, ? Are these yours??, the
accused seiDed the capsules and put them in his mouth. A struggle
ensued, in the course of which the officer pounced on the accused,
took him to a hospital where at their direction, a doctor forced an
emetic solution though a tube into the accusedIs stomach against his
will. This process induced vomiting. &n the vomited matter were
found two capsules which proved to contain heroin. &n the criminal
case, the chief evidence against the accused was the two capsules.
a. As counsel for the accused, what constitutional rights will
you invoke in his defense? *75+
b. <ow should the court decide the case? *05+
- Q& -
The )hilippine "ational )olice *)")+ issued a circular to all its
members directed at the style and length of male police officersI
hair, sideburns and moustaches, as well as the siDe of their
waistlines. &t prohibits beards, goatees and waistlines over 02
inches, e%cept for medical reason. -ome police officers 3uestioned
the validity of the circular, claiming that it violated their right to
liberty under the (onstitution. Gesolve the controversy. *:5+
- Q&& -
J(, a ma9or in the Armed Forces of tZhe )hilippine, is facing
prosecution before the Gegional Trial (ourt of MueDon (ity for the
murder of his neighbor whom he suspected to have molested his
*J(Is+ 14-year old daughter.
a. &s J( entitled to bail? 1hy or why not? *05+
b. Assume that upon being arraigned, J( entered a plea of
guilty and was allowed to present evidence to prove
mitigating circumstances. J( then testified to the effect that
he stabbled the deceased in self-defense beacause the latter
was strangling him and that he voluntarily surrendered to
the authorities. -ubse3uently, the trial court rendered a
decision ac3uittal violate J(Is right against double
9eopardy? 1hy or why noy? *05+
- Q&&& -
-T, a Gegional Trial (ourt 9udge who falsified his (ertificate of
-ervice, was found liable by the -upreme (ourt for serious
misconduct and inefficiency, and meted the penalty of suspension
form office for : months. -ubse3uently, -T filed a petition for
e%ecutive clemency with the =ffice of the )resident. The /%ecutive
-ecretary, acting on said petition issued a resolution granting -T
e%ecutive clemency. &s the grant of e%ecutive clemency valid? 1hy
or why not? *:5+
- &C -
Abdul ran and won in the .ay $661, $667 and $66@ elections for
Qice-Aovernor of Tawi-Tawi. After being proclaimed Qice-
Aovernor in the $667 elections, his opponent, Bhalil, filed an
election protest before the (ommission on /lection. Guling with
finalty on the protest, the (=./'/( declared Bhalil as the duly
elected Qice-Aovernor though the decision was promulgated only in
$66@, when Abdul had fully served his $667-$66@ term and was in
fact already on his $66@-$616 term as Qice Aovernor.
a. Abdul now consults you if the can still run for Qice-
Aovernor of Tawi-Tawi in the forthcoming .ay $616
election on the premise that he could not be considered as
having served as Qice-Aovernor from $667-$66@ because
he was not duly elected to the post, as he assumed office
merely as a presumptive winner and that presumption was
later overturned when (=./'/( decided with finality
that had lost in the .ay $667 elections. 1hat will be your
advice? *05+
b. Abdul also consults you whether his political party can
validly nominate his wife as subtitute candidate for Qice-
.ayor of Tawi-Tawi in .ay $616 elections in case the
(=./'/( dis3ualifies him and denies due course to or
cancels his certificate of candidacy in view of a false
material representation therein.1hat will be your advice?
*05+
- C -
The 1st 'egislative Fistrict of -outh (otabato is composed of
Aeneral -antos and three municipalities including )olomolok.
Furing the canvassing proceedings before the Fistrict #oard of
(anvassers in connection with the $66@ congressional election,
candidate .) ob9ected to the certificate pf canvass for )olomolok
on the ground that it was obviously manufactured, submitting as
evidence the affidavit of a mayoralty candidate of )olomolok. The
certificate of canvass for Aeneral -antos was likewise ob9ected to
by .) on the basis of the confirmed report of the local "A.FG/'
that 16 election returns from non-e%istent precincts were included in
the certificate. .) moved that the certificate of canvass for Aeneral
-antos be corrected to e%clude the the result from the non-e%istent
precincts. The Fistrict #oard of (anvassers denied both ob9ections
and ruled to include the certificate of canvass. .ay .) appeal the
rulings to the (=./'/(? /%plain. *:5+
- C& -
=n August 2, $662 the Aovernor of #ohol died and Qice-Aovernor
(esar succeeded him by operation of law. Accordingly, #enito, the
highest ranking member of the -angguniang )anlalawigan was
elevated to the position of Qice-Aovernor. #y the elevation of
#enito to the office of Qice-Aovernor, a vacancy in the -angguniang
)anlalawigan was created.
<ow should the vacancy be filed? *05+
- C&& -
The .ayor of -an Jose (ity appointed his wife, Amelia, as (ity
Treasurer from among tree *0+ employees pf the city considered for
the said position. )rior to said promotion, Amelia had been an
Assistant (ity Treasurer for ten *16+ years, that is, even before she
married the (ity .ayor. -hould the (ivil -ervice (ommission
approve the promotional appointment of Amelia? 1hy or why not?
*:5+
- C&&& -
(ongress enacted a law establishing the right to trial by 9ury of an
accused charged with a felony or offense punishable with reclusion
perpetua or life imprisonment. The law provides for the
3ualification of prospective 9ury member, the guidelines to be
observed by the 9udge and the lawyers in 9ury selection including
the grounds for challenging the selection of 9ury member, and tZhe
methodology for 9ury deliberations. &s the law constitutional?
/%plain fully. *@5+
- C&Q -
&n 1>:0, congress passed a law creating a government-owned
corporation named .anila 1ar .emorial (ommission *.1.(+,
with the primary function of overseeing the construction of a
massive memorial in the heart of .anila to commemorate victim of
the 1>74 #attle of .anila
The .1.( charter provided an initial appropriation of
)1,666,666, empowered the corporation to raise funds in its own
name, and set aside a parcel of land in .alate for the memorial site.
The charter set the corporate life of .1.( at 46 years with a
proviso that (ongress may not abolish .1.( until after the
completion of the memorial.
Forty-five *74+ years later, the memorial was only 1H0 complete and
the memorial site itself had long been overrun by 3uatters. (ongress
enacted a law abolishing the .1.( and re3uiring that the funds
raised by it be remitted to the "ational Treasury. The .1.(
challenged the validity of the law, arguing that under its charter its
mandate is to complete the memorial no matter how long it takes.
Fecide with reason. *:5+
- CQ -
The principal of Jaena <igh -chool, a public school wrote a letter to
the parents and guardians of all the schoolIs pupils, informing them
that the school was willing to provide religious instruction to its
(atholic students during class hours, through a (atholic priest.
<owever, students who wished to avail of such religious instruction
needed to secure the consent of their parents and guardians in
writing.
a. Foes the offer violate the constitutional prohibition againts
the establishment of religion? *05+
b. the parents of evangelical (hristian students, upon learning
of the offer, demanded that they too be entitled to have
their children instructed in their own religious faith during
class hours. The principal, a devout (atholic, re9ected the
re3uest. As counsel for the parents of the evangelical
students, how would you argue in support of their position?
*05+
- CQ& -
"ationwide protest have erupted over rising gas prices, including
disruptive demonstrations in many universities throughout the
country. The .etro .anila -tate Eniversity, a public university,
adopted a university-wide circular prohibiting public mass
demonstrations and rallies within the campus. =ffended by the
circular,militant students spread word that on the following Friday,
all students were to wear black T-shirt as a symbols of their protest
both against high gas prices and the university ban on
demonstrations. The effort was only moderately successful, with
around 065 of the students heeding the call. "onetheless, university
officials were outraged and compelled the students leaders to
e%plain why they should not be e%pelled for violating the circular
against demonstrations.
The student leaders approached you for legal advice. They
contended that they should not be e%pelled since they did not violate
the circular, their protest action being neither a demonstrator nor a
rally since all they did was wear black T-shirts. 1hat would you
advise the students? *:5+
- CQ&& -
As a reaction to the rice shortage and the dearth of mining
engineers. (ongress passed a law re3uiring graduates of public
science high school henceforth to take up agriculture or mining
engineering as their college course. -everal students protested,
invoking their freedom to choose their profession. &s the law
constitutional? *:5+
NOTHING FOLLOWS.