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. Yes, because Farm A paid wages directly to these
workers without the intervention of any third
party independent contractor;
b. Yes, their work is directly related, necessary and
vital to the operations of the farm;
c. No, 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 B.
2. The following are excluded from the coverage of Book III
of the Labor Code of the Philippines (Conditions of
employment) except:
a. Field personnel;
b. Supervisors;
c. Managers;
d. Employees of government-owned and controlled
corporations.
3. Work may be performed beyond eight (8) hours a day
provided that:
a. Employee is paid for overtime work an additional
compensation equivalent to his regular wage plus
at least 25% thereof;
b. Employee is paid for overtime work an additional
compensation equivalent to his regular wage plus
at least 30% thereof;
c. Employee is paid for overtime work an additional
compensation equivalent to his regular wage plus
at least 20% thereof;
d. None of the above.
4. May the employer and employee stipulate that the latters
regular or basic salary already includes the overtime pay,
such that when the employee actually works overtime he
cannot claim overtime pay?
a. Yes, provided there is a clear written agreement
knowingly and freely entered into by the
employees;
b. Yes, provided the mathematical result shows that
the agreed legal wage rate and the overtime pay,
computed separately, are equal to or higher than
the separate amounts legally due;
c. No, the employer and employee cannot stipulate
includes the overtime pay;
d. A and B.
5. The following are instances where an employer can require
an employee to work overtime, except:
a. In case of actual or impending emergencies
caused by serious accident, fire, flood, typhoon,
earthquake, epidemic or other disaster or calamity
to prevent loss of life and property, or imminent
danger to public safety;
b. When the country is at war or when other national
or local emergency has been declared by the
national assembly or the chief executive;
c. When there is urgent work to be performed on
machines, installations, or equipment or some
other cause of similar nature;

d.

Where the completion or contribution of the work

started before the eight hour is necessary to
prevent serious obstruction or prejudice to the
business or operations of the employer.
6. Z owns and operates a carinderia. His regular employees
are his wife, his two (2) children, the family maid, a cook,
two (2) waiters, a dishwasher and a janitor. The family
driver occasionally works for him during store hours to
make deliveries. On April 09, the dishwasher did not report
for work. The employer did not give his pay for that day. Is
the employer correct?
a. No, because employees have a right to receive
their regular daily wage during regular holidays;
b. Yes, because April 09 is not regular holidays;
c. Yes, because of the principle of "a fair days wage
for a fair days work";
d. Yes, because he employs less than ten (10)
employees.
7. For misconduct or improper behavior to be just cause for
dismissal, the following guidelines must be met,except:
a. It must be serious;
b. It must relate to the performance of the
employees duties;
c. It should not be used as a subterfuge for causes
which are improper, illegal or unjustified;
d. It must show that the employee has become unfit
to continue working for the employer.
8. The Company lawyer sent a memo to the employee
informing him of the specific charges against him and
giving him an opportunity to explain his side. In a
subsequent letter, the employee was informed that, on the
basis of the results of the investigation conducted, his
written explanation, the written explanation 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. Is the employees contention
correct?
a. No, the employees written explanation and
written explanation of the other employees were
sufficient basis for the employer to terminate his
employment;
b. Yes, because the employer did not abide by the
two-notice rule;
c. Yes, because he was not properly afforded the
chance to explain his side in a conference;
d. No, 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.
9. The Supreme Court categorically declared that separation
pay shall be allowed as a measure of social justice only in
those instances where the employee is validly dismissed
for cause other than:
a. Serious Misconduct;
b. Gross and habitual neglect of duties;
c. Willful disobedience to lawful orders;
d. Fraud or willful breach of trust.
10. K is a legitimate contractor hired by G for six (6) months.
On the third month, G remitted to K the salaries and wages
of the employees. However, K absconded with the money
leaving the employees unpaid. The disgruntled employees

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demanded from G the payment of their salaries. Is G

liable?
a. No, because G has already remitted the
employees salaries to K, validly excusing G from
liablity;
b. Yes, because he is jointly and solidarily liable for
whatever monetary claims the employees may
have against K;
c. Yes, because of the principle of "a fair days wage
for a fair days work";
d. B and C.
Corporation X is owned by Ls family. L is the President.
M, Ls wife, occasionally gives loans to employees of
Corporation X. It was customary that loan payment were
paid to M by directly deducting from the employees
monthly salary. Is this practice of directly deducting
payments of debts from the employees wages allowed?
a. Yes, because where the employee is indebted to
the employer, it is sanctioned by the law on
compensation under Article 1706 of the Civil
Code;
b. Yes, because it has already become customary
such that no express authorization is required;
c. No, because an employees payment of obligation
to a third person is deductible from the
employees wages if the deduction is authorized in
writing;
d. No, because Article 116 of the Labor Code
absolutely prohibits the withholding of wages and
kickbacks. Article 116 provides for no exception.
Union X staged a strike in front of Company B because of
A CBA deadlock. During the strike, Company B hired
replacement workers. Upon resuming their employment,
the strikers found that Company B hired replacement
workers in their place. Is Company B obliged to reinstate
the returning workers?
a. No, because the strike caused work stoppage;
b. No, because it is a valid exercise of management
prerogative;
c. Yes, because workers who go on strike do not lose
their employment status;
d. Yes, because workers are entitled to such retention
every time during a valid strike.
Which 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 CBAs economic
provisions.
Iya, 15 years old, signed up to model a clothing brand. She
worked from 9am to 4pm on weekdays and 1pm to 6pm on
Saturdays for two (2) weeks. She was issued a child
working permit under RA 9231. Which of the following
statements is the most accurate?
a. Working permit for Iyas employment is not
required because the job is not hazardous;
b. Her work period exceeds the required working
hours for children aged 15 years old;
c. To require a 15-year old to work without
obtaining the requisite working permit is a form
of child labor;
d. Iya, who was engaged in a work that is not child
labor, is a working child.
Under employees compensation, the so-called "Theory of
Increased Risks" is relevant when:

a.

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There is a need to categorize a disability as

permanent and total;
b. It is not clear as to how an injury 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.
Which of the frollowing injuries/death is not compensable?
a. Injuries sustained by a technician while at a field
trip initiated by the Union and sponsored by the
Company;
b. Injuries received by a jani tor at a Union election
meeting;
c. Death of a bank teller because of a bank robbery;
d. Death of a professor who was hit by a van on his
way home from work.
The provisions of the Labor Code on the Working
Conditions and Rest Periods of employees are inapplicable
to the following employees, except :
a. A supervisor in a fast food chain;
b. A family driver;
c. A laborer without any fixed salary, but receving a
compensation depending upon the result of his
work;
d. A contractual employee.
Bugay, an employee with only six (6) months of service,
was dismissed due to redundancy. He is, under Art. 283 of
the Labor Code, entitled to a separation pay of:
a. One (1) month pay;
b. One (1) year pay, Art. 283 of the Labor Code
being explicit that "a fraction of at least six (6)
months shall be considered one ( 1) whole year";
c. Six (6) months pay;
d. One (1) year and six (6) months pay, as Art. 4 of
the Labor Code mandates that "(a)ll doubts in the
implementation and interpretation of this Code
xxx shall be resolved in favor of labor".
The power to suspend or cancel a license to recruit
employees is vested on:
a. The Secretary of Labor and Employment;
b. The POEAAdministrator;
c. A and B 'concurrently;
d. Neither of them.
The State shall allow the deployment of overseas Filipino
workers only in countries where the rights of Filipino
migrant workers are protected. Which of the following is
not a guarantee, on the part of the receiving country, for the
protection of the rights of OFW's?
a. It has existing labor and social laws protecting the
rights of migrant workers;
b. It promotes and facilitates re-integration of
migrants into the national mainstream;
c. It is a signatory to and/or ratifier of multilateral
conventions, declarations or resolutions relating to
the protection of migrant workers;
d. It has concluded a bilateral agreement or
arrangement with the government on the
protection of the rights of overseas Filipino
workers.
Which is not a procedural requirement for the correction of
wage distortion in an unorganized establishment?
a. Both employer and employee will attempt to
correct the distortion;
b. Settlement of the dispute through National
Conciliation and Mediation Board (NCMB);

c.

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Settlement of the dispute through voluntary

arbitration in case of failure to resolve dispute
through CBA dispute mechanism;
d. A and B.
In what situation is an employer permitted to employ a
minor?
a. 16-year old child actor as a cast member in soap
opera working 8 hours a day, 6 days a week;
b. A 17-year old in deep sea-fishing;
c. A 17 -year old construction worker;
d. A 17-year old assistant cook in a family
restaurant.
The most important factor in determining the existence of
an employer-employee relationship is the:
a. Power to control the method by which employees
are hired and selected;
b. Power to control the manner by which employees
are transferred from one job site to another;
c. Power to control the results achieved by giving
guidelines to the employees;
d. Power to control the results to be achieved and the
employee's method of achieving the task.
A neighbor's gardener comes to you and asks for help
because his employer withheld his salary for two (2)
months amounting to P4,000.00. Where will you advise
him to file his complaint?
a. Labor Arbiter;
b. DOLE Regional Director;
c. Conciliator/Mediator;
d. MTC Judge.
What is the nature of the liabilities of the local recruitment
agency and its foreign principal?
a. The local agency is jointly 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. Local 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. Local 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. Local agency is jointly 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.
Which 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.
Who has jurisdiction over a money claim instituted by an
overseas Filipino worker?
a. Labor Arbiter;
b. National Labor Relations Commission;

c.

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Labor Arbiter concurrently with the regular

courts.;
d. National
Labor
Relations
Commission
concurrently with the regular courts.
Which of the following is not a valid wage deduction?
a. Where 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. When the wage is subject of execution or
attachment, but only for debts incurred for food,
shelter, clothing and medical attendance;
c. Payment for lost or damaged equipment provided
the deduction does not exceed 25/o of the
employee's salary for a week;
d. Union dues.
Is the contractor a necessary party in a case where labor
contracting is the main issue and labor-only contracting is
found to exist?
a. Yes, the contractor is necessary in the full
determination of the case as he is the purported
employer of the worker;
b. Yes, no full remedy can be granted and executed
without impleading the purported contractor;
c. No, the contractor becomes a mere agent of the
employer-principal in labor contracting;
d. No, the contractor has no standing in a labor
contracting case.
Who among the following is not entitled to 13th month
pay?
a. Stephanie, a probationary employee of a
cooperative bank who rendered six (6) months of
service during the calendar year before filing her
resignation;
b. Rafael, the secretary of a Senator;
c. Selina, a cook employed by and who lives with an
old maid and who also tends the sari-sari store of
the latter;
d. Roger, a house gardener who is required to report
to work only thrice a week.
Which type of employee is entitled to a service incentive
leave?
a. managerial employees;
b. field personnel;
c. government workers;
d. part-time workers.
A wage order may be reviewed on appeal by the National
Wages and Productivity Commission under these grounds,
except:
a. grave abuse of discretion;
b. non-conformity with prescribed procedure;
c. questions of law;
d. gross under or over-valuation.
The following may file a Petition for Certification
Election, except:
a. The employer;
b. The legitimate labor organization;
c. The Federation on behalf of the chapter;
d. The Workers' Association.
The following are grounds to deny the Petition for
Certification Election, except:
a. The petitioning union is illegitimate or improperly
registered;
b. Non-appearance for two consecutive schedules
before the Med-Arbiter by petitioning union;

c.

The inclusion of members outside the bargaining

unit;
d. Filed within an existing election bar.
35. In response to Company X's unfair labor practices, a union
officer instructed its members to stop working and walk
out of the company premises. After three (3) hours, they
voluntarily returned to work.

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Was there a strike and was it a valid activity?

a.
b.
c.
d.

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Yes, it was a strike; yes, it was a valid activity;

Yes, it was a strike; no, it was not a valid activity;
No, it was not a strike; yes, it was a valid activity;
No, it was not a strike; no, it was not a valid
activity.
Which of the following is not considered an employer by
the terms of the Social Security 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 Philippines, 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.
Jennifer, a receptionist at Company X, is covered by the
SSS. She was pregnant with her fourth child when she
slipped in the bathroom of her home and had a miscarriage.
Meanwhile, Company X neglected to remit the required
contributions to the SSS. Jennifer claims maternity leave
benefits and sickness benefits. Which of these two may she
claim?
a. None of them;
b. Either one of them;
c. Only maternity leave benefits;
d. Only sickness benefits.
H files for a seven-day paternity leave for the purpose of
lending support to his wife, W, who suffered a miscarriage
through intentional abortion. W also filed for maternity
leave for five weeks. H and W are legally married but the
latter is with her parents, which is a few blocks away from
H's house. Which of the following statements is the most
accurate?
a. Paternity leave shall be denied because it does not
cover aborted babies;
b. Paternity leave shall be denied because W is with
her parents;
c. Maternity leave shall be denied because it does
not cover aborted babies;
d. Maternity leave shall be denied because grant of
paternity leave bars claim for maternity leave.
Which of the following is not a privilege of a person with
disability under the Magna Carta for disabled persons?
a. At least 20%_ discount on purchase of medicines
in all drugstores;
b. Free transportation in public railways;
c. Educational assistance in public and private
schools through scholarship grants;
d. A and C.
Which of the following is not a regular holiday?
a. New Year's Eve;

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b. Eidil Fitr;
c. Father's Day;
d. lndepenaence Day.
Which is a characteristic of a labor-only contractor?
a. Carries an independent business different from the
employer's;
b. The principal's liability extends to all rights,
duties and liabilities under labor standards laws
including the right to self-organization;
c. No employer-employee relationship;
d. Has sufficient substantial capital or investment in
machinery, tools or equipment directly or intended
to be related to the job contracted.
What is not an element of legitimate contracting?
a. The contract calls for the performance of a
specific job, work or service;
b. It is stipulated that the performance of a specific
job, work or service must be within a definite
predetermined period;
c. The performance of specific job, 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 job, work or service.
Which is a characteristic of the learner?
a. A person is hired as a trainee in an industrial
occupation;
b. Hired in a highly technical industry;
c. Three (3) months practical on-the-job training
with theoretical instruction;
d. At least 14 years old.
What is not a prerequisite for a valid apprenticeship
agreement?
a. Qualifications of an apprentice are met;
b. A duly executed and signed apprenticeship
agreement;
c. The apprenticeship program is approved by the
Secretary of Labor;
d. Included in the list of apprenticeable occupation
of TESDA.
Which is not a constitutional right of the worker?
a. The right to engage in peaceful concerted
activities;
b. The right to enjoy security of tenure;
c. The right to return on investment;
d. The right to receive a living wage.
Employee-employer relationship exists under the
following, except :
a. Jean, a guest relations officer in a nightclub and
Joe, the nightclub owner;
b. Atty. Sin' Cruz, who works part-time as the
resident in house lawyer of X Corporation;
c. Paul, who works as registered agent on
commission basis in an insurance company;
d. Jack and Jill, who work in X Company, an
unregistered Association.
With 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
contractor's employees; he becomes solidarily
liable with the contractor not only for unpaid
wages but also for all the rightful! claims of the
employees under the Labor Code;

b.

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Treated as direct employer of his contractor's

employees in all instances; he becomes
subsidiarily liable with the contractor only in the
event the latter fails to pay the employees' wages
and for violation of labor standard laws;
c. An indirect employer, by operation of law, of his
contractor's employees; he becomes solidarily
liable with the contractor only in the event the
latter fails to pay the employees' wages and for
violation of labor standard laws;
d. Treated as direct employer of his contractor's
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 Labor Code;
Kevin, an employee of House of Sports, filed a complaint
with the DOLE requesting the investigation and inspection
of the said establishment for labor law violations such as
underpayment of wages, non-payment of 13th month pay,
non-payment of rest day pay, overtime pay, holiday pay,
and service incentive leave pay. House of Sports alleges
that DOLE has no jurisdiction over the employees' claims
where the aggregate amount of the claims of each
employee exceeds P5,000.00, whether or not accompanied
with a claim for reinstatement. Is the argument of House of
Sports tenable?
a. Yes, Article 1 ~9 of the Labor Code shall apply,
and thus, the Labor Arbiter has jurisdiction;
b. No, Article 128 (b) of the Labor Code shall apply,
and thus, the DOLE Regional Director has
jurisdiction;
c. Yes, if the claim exceeds P5,000.00, the DOLE
Secretary loses jurisdiction;
d. No, a voluntarily arbitrator has jurisdiction
because the matter involved is a grievable issue.
Which of the following is not compensable as hours
worked?
a. Travel away from home;
b. Travel from home to work;
c. Working while on call;
d. Travel that is all in a day's work.
It is defined as any union or association of employees
which exists in whole or in part for the purpose of
collective bargaining with employers concerning terms and
conditions of employment.
a. Bargaining representative;
b. Labor organization;
c. Legitimate labor organization;
d. Federation.
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. Mediation;
c. Conciliation;
d. Reconciliation.
The Regional Director or his representative may be
divested of his enforcement and visitorial powers under the
exception clause of Article 128 of the Labor Code and,
resultantly, jurisdiction may be vested on the labor arbiter
when three (3) elements are present. Which of the
following is not one of the three (3) elements?
a. Employer contests the findings of the labor
regulations officers and raises issues thereon;

b.

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In order to resolve any issues raised, there is a

need to examine 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 .
In what instances do labor arbiters have jurisdiction over
wage distortion cases?
a. When jurisdiction is invoked by the employer and
employees in organized establishments;
b. When the case is unresolved by Grievance
Committee;
c. After the panel of voluntarily arbitrators has made
a decision and the same is contested by either
party;
d. In unorganized establishments when the same is
not voluntarily resolved by the parties before the
NCMM.
Is a termination dispute a grievable issue?
a. Yes, if the dismissal arose out of the interpretation
or Implementation of the CBA;
b. No, once there's actual termination, the issue is
cognizable by a Labor Arbiter;
c. Yes, it is in the interest of the parties that the
dispute be resolved on the establishment level;
d. No, a voluntary arbitrator must take cognizance
once termination is made effective.
Peter worked for a Norwegian cargo vessel. He worked as
a deckhand, whose primary duty was to assist in the
unloading and loading of cargo and sometimes, assist in
cleaning the ship. He signed a five-year contract starting in
2009. In 2011, Peter's employers began treating him
differently. He was often maltreated and his salary was not
released on time. These were frequently protested to by
Peter. Apparently exasperated by his frequent protestations,
Peter's employer, a once top official in China, suddenly
told him that his services would be terminated as soon as
the vessel arrived at the next port, in Indonesia. Peter had
enough money to go back home, and immediately upon
arriving, he filed a money claim with the NLRC against his
former employer's local agent. Will Peter's case prosper?
a. Yes, he is entitled to full reimbursement of his
placement fee, with' interest at 12/o per annum,
plus salary for the unexpired portion of his
employment contract or for three (3) months for
every year of the unexpired portion, whichever is
higher;
b. Yes, he is entitled to full reimbursement of his
placement fee, with interest at 12% per annum,
plus his salary for the unexpired portion of his
employment contract or for three (3) months for
every year of the unexpired portion, whichever is
less;
c. Yes, he is entitled to his salaries for the unexpired
portion of his employment contract, plus full
reimbursement of his placement fee with interest
at 12/o per annum;
d. Yes, he is entitled to his salaries for three (3)
months for every year of the unexpired portion of
his employment contract, plus full reimbursement
of his placement fee with interest at 12/o per
annum.
The following are exempt from the rules on minimum
wages, except:
a. Household or domestic helpers; .

b.
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Homeworkers engaged in needle work;

Workers' in duly registered establishment in the
cottage industry;
d. Workers in the duly registered cooperative.
Which of the following is a right and/or condition of
membership in a labor organization?
a. No arbitrary or excessive initiation fees shall be
required of the members of a legitimate labor
organization nor shall arbitrary, excessive 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 organization;
c. No labor organization shall knowingly admit as
members or continue in membership any
individual who belongs to a subversive
organization or who is engaged directly or
indirectly in any subversive activity;
d. All of the above.
Which phrase most accurately completes the statement Members of cooperatives:
a. can invoke the right to collective bargaining
because it is a fundamental right under the
Constitution.
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 expressly prohibited by law.
Which of the following is not true in unfair labor practices
committed by an employer?
a. Unfair labor practices cannot be committed unless
the union has been formed and registered;
b. The commission of unfair labor practice requires
an employer-employee relationship;
c. The offense of unfair labor practice prescribes in
one ( 1) year;
d. The list of unfair labor practices is exclusive.
Which of the following is correct with respect to the extent
of the application of security of tenure?
a. It applies to managerial and to all rank-and-file
employees i f not yet regular, but not to
management trainees;
b. It applies to managerial and to all rank-and-file
employees including those under probation;
c. It applies to seasonal and project employees, if
they are hired repeatedly;
d. It applies to all kinds of employees except those
employed on a part-time basis.
Which of the following is not a procedural due process
requirement in the termination of an employee for just
cause?
a. A written notice to the employee specifying the
grounds for his termination;
b. A written notice to the DOLE at least thirty (30)
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 justify his termination;
d. An opportunity for the employee to present his
evidence.

62. Under current jurisprudence, when the dismissal is for a

just or authorized cause but due process is not observed,
the dismissal is said to be:
a. Void for denial of due process; hence, the
employee should be reinstated;
b. Void for lack. of due process, the employee
should be paid full backwages;
c. Valid, for the dismissal is with just/authorized
cause, but the employer shall be liable for nominal
damages;
d. Valid, even if due process is not observed, hence
reinstatement should not be ordered.
63. What is the quantum of evidence required in labor cases?
a. The degree of proof which produces the
conclusion that the employee is guilty of the
offense charged in an unprejudiced mind;
b. Such amount of relevant evidence which a
reasonable mind might accept as adequate to
justify a conclusion;
c. That degree of proof which is greater in weight
than the opposing party's evidence;
d. Such evidence which must be highly and
substantially more probable to be true than not
which convinces the trier of facts of its factuality.
64. Which of the following statements is the most accurate?
a. Domestic helpers with monthly income of at least
P3,000.00 are compulsory members of the SSS
Law;
b. House helpers with monthly income of at least
P2,000.00 are compulsory members of the SSS
Law;
c. Domestic helpers, 55 years of age and who
worked for at least five (5) years, are covered by
the Retirement Pay Law under optional
retirement, in the absence of a CBA;
d. Domestic helpers in the personal service of
another are not entitled to 13th month pay.
65. The decision of the Labor Arbiter in a labor dispute case is:
a. immediately executory;
b. requires a writ of execution;
c. is immediately executory insofar as the
reinstatement of the employee is concerned;
d. is stayed by the appeal of the employer and
posting of appeal bond.
66. Which of the following is cognizable by the Bureau of
Labor Relations Med-Arbiters?
a. Unfair labor practice for violation of the CBA
filed by the Workers Union of Company X against
Company X;
b. Claim for back wages filed by overseas contract
worker Xena against her Saudi Arabian employer;
c. Contest for the position of MG Union President
brought by Ka Joe, the losing candidate in the
recent union elections;
d. G contesting his removal as Chief Executive
Officer of Company Z.
67. J refused to comply with his deployment assignment with
K, a manning agency. K filed a complaint against him for
breach of contract before the Philippine Overseas
Employment Administration (POEA). The POEA
penalized J with one (1) year suspension from overseas
deployment. On appeal, the suspension was reduced to six
(6) months by the Secretary of Labor. Is the remedy of
appeal still available to J and where should he file his
appeal?

a.

68.

69.

70.

71.

72.

Yes, he can file an appeal before the Court of

Appeals via a Petition for Certiorari under rule 65;
b. Yes, he can file an appeal before the Supreme
Court via a Petition for Certiorari under Rule 65;
c. Yes, he can file an appeal before the Office of the
President since this is an administrative case;
d. Yes, he can file an appeal before the National
Labor Relations Commission because there is an
employer-employee relationship.
R was employed as an instructor of Cruz College located in
Santiago City, lsabela. Pursuant to a stipulation in R's
employment contract that the college has the prerogative to
assign R in any of its branches or tie-up schools as the
necessity demands, the college proposed to transfer him to
llagan, a nearby town. R 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 expenses. R, however, failed
to prove that allowances were given in similar instances in
the past. Is R's contention that he will suffer constructive
dismissal in view of the alleged diminution of benefit
correct?
a. Yes, such transfer should require an automatic
additional allowance; the non-granting of said
allowance amounts to a diminution of benefit;
b. No, R 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. Hence, there is no
violation of the rule against diminution of pay;
c. No, R's re-assignment did not amount to
constructive dismissal because the college has the
right to transfer R based on contractual
stipulation;
d. B and C.
At what particular point does a labor organization acquire a
legal personality?
a. On the date the agreement to organize the un1on
is signed by the majority of all its members;
b. On the date the application for registration is duly
filed with the Department of Labor.;
c. On the date appearing on the Certificate of
Registration;
d. On the date. the Certificate of Registration is
actually issued.
How many years of service is the underground mine
employee required to have rendered in order to be entitled
to retirement benefits?
a. 5;
b. 10;
c. 15;
d. 20.
What is the prescriptive period of all criminal offenses
penalized under the Labor Code and the Rules
Implementing the Labor Code?
a. 3 years;
b. 4 years;
c. 5 years;
d. 10 years.
What is the nature of employment of househelpers?
a. Seasonal;
b. Fixed-term;
c. Regular;

d. Probationary.
73. The appeal to the NLRC may be entertained only on any of
the following grounds, except:
a. If there is prima facie evidence of abuse of
discretion on the part of the Labor Arbiter;
b. If the decision, order or award was secured
through fraud or coercion, including graft and
corruption;
c. If made purely on questions of fact and law;
d. If serious errors in the findings of facts are raised
which would cause grave or irreparable damage or
injury to the appellant
74. The following are unfair labor practices of employers,
except:
a. Interrogating its employees in connection with
their membership in the union or their union
activities which hampers their exercise of free
choice;
b. The grant of profit-sharing benefits to managers,
supervisors and all rank-and-file employees not
covered by the CBA;
c. The cessation of a company's operations shortly
after the organization of a labor union and the
resumption of business barely a month after;
d. Withdrawal by the employer of holiday pay
benefits stipulated under a supplementary
agreement with the union.
75. According to Article 78 of the Labor Code., a handicapped
worker is one whose earning capacity is impaired by the
following, except :
a. Age;
b. Physical Deficiency;
c. Mental Deficiency;
d. Psychological Deficiency.
- NOTHING FOLLOWS 2012
LABOR LAW

BAR

EXAMINATIONS

Set B
I.
a.
b.

Distinguish Labor-Only contracting and Job-Only

contracting. (5%)
A deadlock in the negotiations for the collective bargaining
agreement between College X and the Union prompted the
latter, after duly notifying the DOLE, to declare a strike on
November 5. The strike totally paralyzed the operations of
the school. The Labor Secretary immediately assumed
jurisdiction over the dispute and issued on the same day
(November 5) a return to work order. Upon receipt of the
order, the striking union officers and members, on
November 1, filed a Motion for Reconsideration thereof
questioning the Labor Secretary's assumption of
jurisdiction, and continued with the strike during the
pendency of their motion. On November 30, the Labor
Secretary denied the reconsideration of his return to work
order and further noting the strikers' failure to immediately
return to work, terminated their employment. In assailing
the Labor Secretary's decision, the Union contends that:

1.

2.

3.

The Labor Secretary erroneously assumed

jurisdiction over the dispute since College X
could not be considered an industry indispensable
to national interest;
The strikers were under no obligation to
immediately comply with the November 5 return
to work order because of their then pending
Motion for Reconsideration of such order; and
The strike being legal, the employment of the
striking Union officers and members cannot be
terminated. Rule on these contentions. Explain.
(5%)

officers, and all the same subscribers. From the General

Information Sheet filed by both companies, it also showed
that they shared the same address and/or premises. . Both
companies also hired the same accountant who prepared
the books for both companies.
X and his co-employees amended their Complaint with the
Labor Arbiter to hold Construction Corporation 8 joint and
severally liable with Construction Company A for illegal
dismissal, backwages and separation pay. Construction
Company 8 interposed a Motion to Dismiss contending
that they are juridical entities with distinct and separate
personalities from Construction Corporation A and
therefore, they cannot be held jointly and severally liable
for the money claims of workers who are not their
employees. Rule on the Motion to Dismiss. Should it be
granted or denied? Why? (5%)

II.
In the Collective Bargaining Agreement (CBA) between Dana Films
and its rank-and-file Union (which is directly affiliated with MMFF,
a national federation), a provision on the maintenance of
membership expressly provides that the Union can demand the
dismissal of any member employee who commits acts of disloyalty
to the Union as provided for in its Constitution and By-Laws. The
same provision contains an undertaking by the Union (MMFF) to
hold Dana Films free from any and all claims of any employee
dismissed. During the term of the CBA, MMFF discovered that
certain employee-members were initiating a move to disaffiliate
from MMFF and join a rival federation, FAMAS. Forthwith, MMFF
sought the dismissal of its employee-members initiating the
disaffiliation movement from MMFF to FAMAS. Dana Films,
relying on the provision of the aforementioned CBA, complied with
MMFF's request and dismissed the employees identified by MMFF
as disloyal to it.
a.
b.

IV.
a.

Will an action for illegal dismissal against Dana Films and

MMFF prosper or not? Why? (5%))
What are the liabilities of Dana Films and MMFF to the
dismissed employees, i f any? (5%)

III.
a.

b.

On August 01, 2008, Y, a corporation engaged in the

manufacture of textile garments, entered into a collective
bargaining agreement with Union X in representation of
the rank and-file employees of the corporation. The CBA
was effective up to June 20, 2011. The contract had an
automatic renewal clause which would allow the
agreement after its expiry date to still apply until both
parties would have been able to execute a new agreement.
On May 10, 2011, Union X submitted to Y's management
their proposals for the negotiation of a new CBA. The next
day, Y suspended negotiations with Union X since Y had
entered into a merger with z, a corporation also engaged in
the manufacture of textile garments. Z assumed all the
assets and liabilities of Y. Union X filed a complaint with
the Regional Trial Court for specific performance and
damages with a prayer for preliminary injunction against Y
and Z and Z filed a Motion to Dismiss based on lack of
jurisdiction. Rule on the Motion to Dismiss. (5%)
X was one of more than one hundred (100) employees who
were terminated from employment due to the closure of
Construction Corporation A. The Cruz family owned
Construction Company A. Upon the closure of
Construction Company A, the Cruzes established
Construction Company B. Both corporations had the same
president, the same board of directors, the same corporate

b.

Juicy Bar and Night Club allowed by tolerance fifty (50)

Guest Relations Officers (GROs) to work without
compensation in its establishment under the direct
supervision of its Manager from 8:00 P.M. To 4:00 A.M.
everyday, including Sundays and holidays. The GROs,
however, were free to ply their trade elsewhere at anytime,
but once they enter the premises of the night club, they
Were required to stay up to closing time. The GROs earned
their keep exclusively from commissions for food and
drinks, and tips from generous customers. In time, the
GROs formed the Solar Ugnayan ng mga Kababaihang
lnaapi (SUKI), a labor union duly registered with DOLE.
Subsequently, SUKI filed a petition for Certification
Election in order to be recognized as the exclusive
bargaining agent of its members. Juicy Bar and Night Club
opposed the petition for Certification Election on the
singular ground of absence of employer-employee
relationship between the GROs on one hand and the night
club on the other hand. May the GROs form SUKI as a
labor organization for purposes of collective bargaining?
Explain briefly. (5%)
A spinster school teacher took pity on one of her pupils, a
robust and precocious 12-year old boy whose poor family
could barely afford the cost of his schooling. She lives
alone at her house near the School after her housemaid had
left. In the afternoon, she lets the boy do various chores as
cleaning, fetching water and all kinds of errands after
school hours. She gives him rice and P100.00 before the
boy goes home at 7:00 every night. The school principal
learned about it and charged her with violating the law
which prohibits the employment of children below 15
years of age. In her defense, the teacher stated that the
work performed by her pupil is not hazardous. Is her
defense tenable? Why? (5%)

V.
The weekly work schedule of a driver is as follows: Monday,
Wednesday, Friday - drive the family car to bring and fetch the
children to and from school. Tuesday, Thursday, Saturday - drive the
family van to fetch merchandise from suppliers and deliver the same
to a boutique in a mall owned by the family.
a.

Is the driver a house helper? (5%)

b.

The same driver claims that for work performed on

Tuesday, Thursday and Saturday, he should be paid the
minimum daily wage of a driver of a commercial
establishment. Is the claim of the driver valid? (5%)

VI.
a.

b.

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 six-months and the same period was provided in
their employment contracts. After six months, the bank
terminated their employment on the ground that their
contract has expired. This prompted the workers to file
with the Labor Arbiter a complaint for illegal dismissal.
Will their action prosper? Why or why not? (5%)
Mam-manu Aviation Company (Mam-manu) is a new
airline company recruiting flight attendants for its domestic
flights. It requires that the applicant be single, not more
than 24 years old, attractive, and familiar with three (3)
dialects, viz: llonggo, Cebuano and Kapampangan. lngga,
23 years old, was accepted as she possesses all the
qualifications. After passing the probationary period, lngga
disclosed that she got married when she was 18 years old
but the marriage was already in the process of being
annulled on the ground that her husband was afflicted with
a sexually 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.
Consequently, she filed a complaint against Mam-manu
alleging that the pre-employment qualifications violate
relevant provisions of the Labor Code and are against
public policy. Is the contention of lngga tenable? Why?
(5%)

VIII.
ABC Tomato Corporation, owned and managed by three (3) elderly
brothers and two (2) sisters, has been in business for 40 years. Due
to serious business losses and financial reverses during the last five
(5) years, they decided to close the business.
a.
b.

If the reason for the closure is due to old age of the

brothers and sisters:
c.
d.

b.

Inggu, an electronics technician, worked within the

premises of Pit Stop, an auto accessory shop. He filed a
Complaint for illegal dismissal, overtime pay and other
benefits against Pit Stop. Pit Stop refused to pay his claims
on the ground that lnggu was not its employee but was an
independent contractor . . It was common practice for
shops like Pit Stop to collect the service fees from
customers and pay the same to the independent contractors
at the end of each week. The auto shop explained 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. On the other
hand, lnggu insisted that he still was entitled to the benefits
because he was loyal to Pit Stop, it being a fact that he did
not perform work for anyone else. Is lnggu correct?
Explain briefly. (5%)
The modes of determining an exclusive bargaining
agreement are:
1.
2.
3.

voluntary recognition
certification election
consent election
Explain briefly how they differ from one another.
(5%)

Is the closure allowed by law? (2%)

Are the employees entitled to separation benefits? (3%)

IX.
Dennis was a taxi driver who was being paid on the "boundary"
system basis. He worked tirelessly for Cabrera Transport Inc. for
fourteen (14) years until he was eligible for retirement. He was
entitled to retirement benefits. During the entire duration of his
service, Dennis was not given his 13th month pay or his service
incentive leave pay.
a.
b.

VII.
a.

As counsel for the corporation, what steps will you take

prior to its closure? (3%)
Are the employees entitled to separation pay? (2%)

Is Dennis entitled to 13th month pay and service leave

incentive pay? Explain. (5%)
Since he was not given his 13th month pay and service
incentive leave pay, should Dennis be paid upon
retirement, in addition to the salary equivalent to fifteen
(15) days for every year of service, the additional 2.5 days
representing one-twelfth (1/12) of the 13th month pay as
well as the five (5) days representing the service incentive
leave for a total of 22.5 days? Explain. (5%)

X.
a.

b.

XYZ Manpower Services (XYZ) was sued by its

employees together with its client, ABC Polyester
Manufacturing Company (ABC). ABC is one of the many
clients of XYZ. During the proceedings before the Labor
Arbiter, XYZ was able to prove that it had substantial
capital of Three Million Pesos. The Labor Arbiter ruled in
favor of the employees because it deemed XYZ as a labor
only contractor. XYZ was not able to prove that it had
invested in tools, equipment, etc. Is the Labor Arbiter's
ruling valid? Explain. (5%)
Does 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? Explain. (5%)

- NOTHING FOLLOWS -

2011 LABOR LAW BAR QUESTIONS

Bar
Set A

Examination

Questionnaire

(A) No, loss of confidence as reason for dismissal does

not apply to rank and file employees.
for

Labor

Law
(B) No, loss of confidence applies only to confidential
positions.

(1) The unions by-laws provided for burial assistance to the family
of a member who dies. When Carlos, a member, died, the union
denied his wife's claim for burial assistance, compelling her to hire
a lawyer to pursue the claim. Assuming the wife wins the case, may
she also claim attorney's fees?
(A) No, since the legal services rendered has no connection
to CBA negotiation.

(C) Yes, loss of confidence is broad enough to cover all

dishonest acts of employee.
(D) RIGHT ANSWER Yes, loss of confidence applies to
employees who are charged with the care and custody of
the employer's property.

(C) No, since burial assistance is not the equivalent of

wages.

(5) Tower Placement Agency supplies manpower to Lucas Candy

Factory to do work usually necessary for work done at its factory.
After working there for more than two years under the factory
managers supervision, the workers demanded that Lucas extend to
them the same employment benefits that their directly hired workers
enjoyed. Is their demand valid?

(D) Yes, since award of attorney's fee is not limited to

cases of withholding of wages.

(A) Yes, since it was Lucas that actually hired and

supervised them to work at itsfactory.

(2) Pol requested Obet, a union officer and concurrently chairman of

the company's Labor-Management Council, to appeal to the
company for a recomputation of Pols overtime pay. After 5 p.m.,
his usual knock-off time, Obet spent two hours at the Personnel
Office, reconciling the differing computations of Pols overtime.
Are those two hours compensable?

(B) No, since the agency workers are not employees of the
client factory.

(B) Yes, since the union should have provided her the
assistance of a lawyer.

(A) Yes, because Obet performed work within the company

premises.

(C) Yes, since they have been working at the factory in

excess of two years.
(D) No, since it was the placement agency that got them
their jobs.

(B) No, since Obets action has nothing to do with his

regular work assignment.

(6) Both apprenticeship and learnership are government programs to

provide practical on-the-job training to new workers. How do they
differ with respect to period of training?.

(C) No, because the matter could have been resolved in the
labor-management council of which he is the chairman.

(A) In highly technical industries, apprenticeship can

exceed 6 months; learnership can exceed one year.

(D) Yes, because the time he spent on grievance meetings

is considered hoursworked.

(B) Apprenticeship cannot exceed 6 months; learnership

can.

(3) The Labor Code on retirement pay expands the term one-half
() month salary because it means

(C) Apprenticeship shall not exceed six months; while

learnership shall not exceed three months.

(A) 15 days' pay plus 1/12th of the 13th month pay and
1/12th of the cash value of service incentive leave.

(D) The law lets the employer and the apprentice agree on
the apprenticeship period; but the law fixes learnership
period at six months in non-technical industries.

(B) 15 days' pay plus 1/12th of the 13th month pay and the
cash equivalent of five days service incentive leave.
(C) 15 days pay plus a full 13th month pay.
(D) 15 calendar days' pay per year of service plus
allowances received during the retirement year.
(4) A foreign guest in a luxury 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. May the
management invoke loss of confidence as a just cause for
dismissing the roomboys?

(7) Venus Department Store decided to contract out the security

services that its 10 direct-hired full-time security guards provided.
The company paid the men separation pay. With this move, the
Store was able to cut costs and secure efficient outside professional
security services. But the terminated security guards complained of
illegal dismissal, claiming that regular jobs such as theirs could not
be contracted out. Will their complaint prosper?
(A) No. the management has the right to contract out jobs
to secure efficient and economical operations.

(B) Yes. They should be reinstated or absorbed by the

security agency as its employees.
(C) No. They are estopped from demanding reinstatement
after receiving their separation pay.
(D) Yes. The company cannot contract out regular jobs
such as they had.
(8) Although both are training programs, apprenticeship is different
from learnership in that
(A) a learner may be paid 25% less than the legal
minimum wage while an apprentice is entitled to the
minimum wage.
(B) apprenticeship has to be covered by a written
agreement; no such formality is needed in learnership.
(C) in learnership, the employer undertakes to make the
learner a regular employee; in apprenticeship, no such
undertaking.
(D) a learner is deemed a regular employee if terminated
without his fault within one month of training; an
apprentice attains employment status after six months of
apprenticeship.
(9) A golf and country club outsourced the jobs in its food and
beverage department and offered the affected employees an early
retirement package of 1 months pay for each year of service. The
employees who accepted the package executed quitclaims.
Thereafter, employees of a service contractor performed their jobs.
Subsequently, the management contracted with other job contractors
to provide other services like the maintenance of physical facilities,
golf operations, and administrative and support services. Some of
the separated employees who signed quitclaims later filed
complaints for illegal dismissal. Were they validly dismissed?
(A) Yes. The jobs were given to job contractors, not to
labor-only contractors, and the dismissed employees
received higher separation pay than the law required.
(B) No. The outsourcing and the employment termination
were invalid since the management failed to show that it
suffered severe financial losses.
(C) No. Since the outsourcing of jobs in several
departments entailed the separation of many employees,
the club needed the Secretary of Labors approval of its
actions.
(D) No. Since the outsourced jobs were held by old-time
regular employees, it was illegal for the club to terminate
them and give the jobs to others.
(10) Sampaguita Company wants to embark on a retrenchment
program in view of declining sales. It 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 DOLE a 30-day
notice but she feels that she can give a shorter notice. What will you
advise her?

(A) Instead of giving a 30-day notice, she can just give a

30-day advanced salary and make the separation effective
immediately.
(B) So long as she gave DOLE a 30-day prior notice, she
can give the employees a shorter notice.
(C) The 30-day advance notice to the employee and the
DOLE cannot be shortened even with a 30-day advance
salary.
(D) She can give a shorter notice if the retrenchment is due
to severe and substantial losses.
(11) Under the Labor Code, its provisions on working conditions,
including the eight-hour work day rule, do not apply to domestic
helpers. Does it follow from this that a domestic helper's workday is
not limited by law?
(A) No, since a domestic helper cannot be required to work
more than ten hours a day.
(B) Yes, since a domestic helper's hours of work depend on
the need of the household he or she works for.
(C) No, because a domestic helper is legally entitled to
overtime pay after ten hours of work.
(D) Yes, a domestic helper may be required to work twelve
hours a day or beyond.
(12) Under the Labor Code on Working Conditions and Rest
Periods, 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.
(B) a regular company employee.
(C) a family member.
(D) domestic helper.
(13) The union filed a notice of strike due to a bargaining deadlock.
But, because the Secretary of Labor assumed jurisdiction over the
dispute, the strike was averted. Meanwhile, the employer observed
that the union engaged in a work slowdown. Contending 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. Is the union president correct?
(A) Yes, since the employer gave him no notice of its
finding that there was a slowdown.
(B) Yes. The employer must prove the union presidents
part in slowdown.
(C) No. When a strike is illegal, the management has the
right to dismiss the union president.

(D) No. As the union president, it may be assumed that he

led the slowdown.
(14) The existing collective bargaining unit in Company X includes
some fifty secretaries and clerks who routinely record and
monitor reports required by their department heads. Believing 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. Is the managements
action legal?
(A) No, only managers are prohibited from joining unions;
the law does not bar confidential employees from joining
unions.
(B) No, confidential employees are those who assist
persons who formulate, determine, or enforce management
policies in the field of labor relations.
(C) Yes, secretaries and clerks of company executives are
extensions of the management and, therefore, should not
join the union.
(D) No, confidential employees are those who handle
executive records and payroll or serve as executive
secretaries of top-level managers.
(15) Jose Lovina had been member of the board of directors and
Executive Vice President of San Jose Corporation for 12 years. In
2008, the San Jose stockholders did not elect him to the board of
directors nor did the board reappoint him as Executive Vice
President. He filed an illegal dismissal complaint with a Labor
Arbiter. Contending that the Labor Arbiter had no jurisdiction over
the case since Lovina was not an employee, the company filed a
motion to dismiss. Should the motion be granted?

(17) The meal time (lunch break) for the dining crew in Glorious
Restaurant is either from 10 a.m. to 11 a.m. or from 1:30 p.m. to
2:30 p.m., with pay. But the management wants to change the
mealtime to 11: a.m. to 12 noon or 12:30 p.m. to 1:30 p.m., without
pay. Will the change be legal?
(A) Yes, absent an agreement to the contrary, the
management determines work hours and, by law, meal
break is without pay.
(B) No, because lunchbreak regardless of time should be
with pay.
(C) Yes, the management has control of its operations.
(D) No, because existing practice cannot be discontinued
unilaterally.
(18) The employees union in San Joaquin Enterprise continued
their strike despite a return to work order from the Secretary of
Labor. Because of this defiance, the employer dismissed the strikers.
But the Labor 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 just or authorized
causes. Is the employers refusal justified?
(A) No, every employee found to have been illegally
dismissed is entitled to immediate reinstatement even
pending appeal.
(B) Yes. The employers refusal is legal and justified as a
penalty for defying the secretarys lawful order.

(A) No, the Labor Arbiter has jurisdiction over all

termination disputes.

(C) Yes, the rule on immediate reinstatement does not

apply to employees who have defied a return-to-work
order.

(B) Yes, it is the NLRC that has jurisdiction over disputes

involving corporate officers.

(D) No. The dismissal of the employees was valid;

reinstatement is unwarranted.

(C) No, a motion to dismiss is a prohibited pleading under

the NLRC Rules of Procedure.

(19) Llanas Corporation and Union X, the certified bargaining agent

of its employees, concluded a CBA for the period January 1, 2000 to
December 31, 2004. But, long before the CBA expired, members of
Union Y, the minority union, showed dissatisfaction with the CBA
under the belief that Union X was a company union. Agitated by its
members, Union Y filed a petition for a Certification Election on
December 1, 2002. Will the petition prosper?

(D) Yes, jurisdiction lies with the regular courts since the
complainant was a corporate officer.
(16) 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.
(B) basic salary plus the salary CBA increases during the
pendency of his case.
(C) basic salary plus the increases mandated by wage
orders issued during the pendency of his case.
(D) basic salary at the time of dismissal.

(A) No, such a petition can only be filed within the

freedom period of the CBA.
(B) No, since a petition for certification can be filed only
upon the expiration of the CBA.
(C) Yes, a certification is the right remedy for ousting a
company union.
(D) Yes, employees should be allowed to cancel at the
earliest opportunity a CBA that they believed was obtained
by a company union.

(20) Is it correct to say that under Philippine law a househelper has

no right to security of tenure?

(B) a separation pay equivalent to one month's pay per year

of service.

(A) No, since a househelper can be dismissed only for just

cause or when his agreed period of employment ends.

(C) a separation pay equivalent to one-half month's pay per

year of service.

(B) Yes, since it is the employer who determines the period

of his service.

(D) 15 days' pay as indemnity plus wages lost from

dismissal to finality of decision.

(C) Yes, since a househelper can be dismissed with or

without just cause.

(24) The CBA for the period January 2007 to December 2009
granted the employees a P40 per day increase with the
understanding that it is creditable as compliance to any future wage
order. Subsequently, the regional wage board increased by P20 the
minimum wage in the employers area beginning January 2008. The
management claims that the CBA increase may be considered
compliance even if the Wage Order itself said that CBA increase is
not creditable as compliance to the Wage Order. Is the
management's claim valid?

(D) No, since a househelper can be dismissed only for just

cause, except when he has been employed for a definite
period not exceeding one year.
(21) Reach-All, a marketing firm with operating capital of
P100,000, supplied sales persons to pharmaceutical companies to
promote their products in hospitals and doctors' offices. Reach-All
trained these sales persons in the art of selling but it is the client
companies that taught them the pharmacological qualities of their
products. Reach-Alls roving supervisors monitored, assessed, and
supervised their work performance. Reach-All directly paid their
salaries out of contractor's fees it received. Under the circumstances,
can the sales persons demand that they be absorbed as employees of
the pharmaceutical firms?
(A) No, they are Reach-Alls employees since it has
control over their work performance.
(B) Yes, since they receive training from the
pharmaceutical companies regarding the products they will
promote.
(C) No, since they are bound by the agency agreement
between Reach-All and the pharmaceutical companies.
(D) Yes, since Reach-All does does not qualify as
independent contractoremployer, its clients being the
source of the employees salaries.
(22) Executive Order No. 180, which protects government
employees, does NOT apply to high-level employees, namely,
(A) presidential appointees.
(B) those performing policy-determining functions,
excluding confidential employees and supervisors.
(C) confidential employees and those performing policydetermining functions.
(D) elective officials.
(23) In the case of a househelper, reinstatement is not a statutory
relief for unjust dismissal because of the confidentiality of his or her
job. Instead, the househelper shall be paid
(A) an indemnity equivalent to 15 days' pay plus
compensation already earned.

(A) Yes, since creditability of the CBA increase is the free

and deliberate agreement and intention of the parties.
(B) Yes, since the Wage Order cannot prejudice the
managements vested interest in the provisions of the CBA.
(C) No, disallowing creditability of CBA pay increase is
within the wage board's authority.
(D) No, the CBA increase and the Wage Order are
essentially different and are to be complied with separately.
(25) When an employee works from 8 a.m. to 5 p.m. on a legal
holiday falling on his rest day, which of the following formulas do
you use to compute for his day's wage on that day?
(A) His regular daily wage multiplied by 200% plus 30%
of the 200%
(B) His regular daily wage multiplied by 200%
(C) His regular daily wage plus 200%
(D) His daily regular wage
(26) The employees rights to organize and to bargain collectively
are means of exercising the broader right to participate in policy or
decision-making processes. The employees' right to participate in
policy and decision making processes is available
(A) if a labor-management council exists.
(B) if a labor-management council does not exist.
(C) if a union exists and it agrees to the creation of a labormanagement council.
(D) whether or not a labor-management council exists.
(27) If not used by the end of the year, the service incentive leave
shall be

(A) carried over to the next year.

(A) Yes, the agency and the employers uncaring attitude

makes them liable for such damages.

(B) converted to its money equivalent.

(C) forfeited.
(D) converted to cash and paid when the employee resigns
or retires.
(28) An employee is NOT entitled to financial assistance in cases
of legal dismissal when the dismissal
(A) is based on an offense reflecting the depraved character
of the employee.
(B) is based on serious misconduct or breach of the
employer's trust.
(C) is grounded on any of the just causes provided by the
Labor Code.
(D) when the employee has less than 10 years of service.
(29) In a work-related environment, sexual harassment is committed
when
(A) the offender has authority, influence, or moral
ascendancy over his subordinate victim.
(B) the victims continued employment is conditioned on
sexual favor from her.
(C) the female victim grants the demand for sexual favor
against her will.
(D) the victim is not hired because she turned down the
demand for sexual favor.
(30) Government employees may elect a union as their exclusive
representative but this right is not available to
(A) regular employees in government instrumentalities and
agencies.
(B) employees of government-owned and -controlled
corporations without original charters.
(C) employees of government-owned-or-conrolled
corporations with original charters.
(D) employees of provincial and local government units.
(31) Celia, an OFW that Moonshine Agency recruited and deployed,
died in Syria, her place of work. Her death was not work-related, it
appearing that she had been murdered. Insisting that she committed
suicide, the employer and the agency took no action to ascertain the
cause of death and treated the matter as a closed case. The
worker's family sued both the employer and the agency for moral
and exemplary damages. May such damages be awarded?

(B) Yes, but only the principal is liable for such damages
since the agency had nothing to do with Celias death.
(C) No, since her death is not at all work-related.
(D) No, since her death is not attributable to any act of the
agency or the employer.
(32) When 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.
(B) may leave work at any time and file for constructive
dismissal.
(C) may leave work without giving a 30-day notice to the
employer.
(D) may abandon his job at once.
(33) A sugar mill in Laguna, capitalized at P300 million, suffered a
P10,000.00 loss last year. This year it dismissed three young female
employees who gave birth in the last three years. In its termination
report to DOLE, the sugar mill gave as reason for the dismissal
retrenchment because of losses. Did it violate any law?
(A) Yes, the law on retrenchment, the sugar mills loses not
being substantial.
(B) Yes, the law against violence committed on women and
children.
(C) No, except the natural law that calls for the protection
and support of women.
(D) No, but the management action confirms suspicion that
some companies avoid hiring women because of higher
costs.
(34) Piece rate employees are those who are paid by results or
other non-time basis. As such they are NOT entitled to overtime pay
for work done beyond eight hours if
(A) their workplace is away from the company's principal
place of work.
(B) they fail to fill up time sheets.
(C) the product pieces they do are not countable.
(D) the piece rate formula accords with the labor
departments approved rates.
(35) An employer may require an employee to work on the
employee's rest day

(A) to avoid irreparable loss to the employer.

(B) only when there is a state of calamity.
(C) provided he is paid an extra of at least 50% of his
regular rate.
(D) subject to 24-hour advance notice to the employee.
(36) The State has a policy of promoting collective bargaining and
voluntary arbitration as modes of settling labor disputes. To this
end, the voluntary arbitrators jurisdiction has not been limited to
interpretation and implementation of collective bargaining
agreements and company personnel policies. It may extend to all
other labor disputes, provided

(D) Yes, since she is not yet a permanent employee.

(39) Quiel, a househelper in the Wilson household since 2006,
resigned from his job for several reasons. One reason was the daily
12-hour workday without any rest day. When he left his job he had
unpaid wages totaling P13,500.00 which his employer refused to
pay. He wants to claim this amount though he is not interested in
getting back his job. Where should he file his claim?
(A) He should file his claim with the DSWD, which will
eventually endorse it to the right agency.
(B) Since he has no interest in reinstatement, he can file his
claim with the office of the regional director of the
Department of Labor.

(B) the parties agreed to such extended jurisdiction.

(C) He should file his claim exceeding P5,000.00 with the

office of the labor arbiters, the regional arbitrators
representing the NLRC.

(C) the parties are allowed to appeal the voluntary

arbitrator's decision.

(D) He should go to the Employees Compensation

Commission.

(D) the parties agreed in their CBA to broaden his

jurisdiction.

(40) For labor, the Constitutionally adopted policy of promoting

social justice in all phases of national development means

(A) the extension does not cover cases of union busting.

(37) Philworld, a POEA-licensed agency, recruited and deployed

Mike with its principal, Delta Construction Company in Dubai for a
2-year project job. After he had worked for a year, Delta and
Philworld terminated for unknown reason their agency agreement.
Delta stopped paying Mike's salary. When Mike returned to the
Philippines, he sued both Philworld and Delta for unpaid salary and
damages. May Philworld, the agency, be held liable?

(A) the nationalization of the tools of production.

(B) the periodic examination of laws for the common good.
(C) the humanization of laws and equalization of economic
forces.
(D) the revision of laws to generate greater employment.

(A) No, since Philworld, the recruitment agency, is not the

employer liable for unpaid wages.

(41) To avail himself of paternity leave with pay, when must the
male employee file his application for leave?

(B) Yes, since the agency is equally liable with the foreign
principal despite the termination of their contract between
them.

(A) Within one week from the expected date of delivery by

the wife.

(C) Yes, since the law makes the agency liable for the
principals malicious refusal to pay Mikes salary.

(B) Not later than one week after his wifes delivery or
miscarriage

(D) No, since Mike did not get paid only after Delta and
Philworld terminated their contract.

(C) Within a reasonable time from the expected deliver

date of his wife.

(38) Melissa, a coffee shop worker of 5 months, requested her

employer for 5 days' leave with pay to attend to the case that she
filed against her husband for physical assault two weeks earlier.
May the employer deny her request for leave with pay?

(D) When a physician has already ascertained the date the

wife will give birth.

(A) Yes, the reason being purely personal, approval

depends on the employers discretion and is without pay.
(B) No, as victim of physical violence of her husband, she
is entitled to five days paid leave to attend to her action
against him.
(C) No, the employer must grant the request but the leave
will be without pay.

(42) The constitution promotes the principle of shared responsibility

between workers and employers, preferring the settlement of
disputes through
(A) compulsory arbitration.
(B) collective bargaining.
(C) voluntary modes, such as conciliation and mediation.
(D) labor-management councils.

(43) Which of the following is NOT a requisite for entitlement to

paternity leave?
(A) The employee is cohabiting with his wife when she
gave birth or had a miscarriage.
(B) The employee is a regular or permanent employee.
(C) The wife has given birth or suffered a miscarriage.

(47) A handicapped worker may be hired as apprentice or learner,

provided
(A) he waives any claim to legal minimum wage.
(B) his work is limited to apprenticeable job suitable to a
handicapped worker.
(C) he does not impede job performance in the operation
for which he is hired.

(D) The employee is lawfully married to his wife.

(D) he does not demand regular status as an employee.
(44) Of the four grounds mentioned below, which one has been
judicially affirmed as justification for an employees refusal to
follow an employers transfer order?
(A) A transfer to another location is not in the employee's
appointment paper.
(B) The transfer deters the employee from exercising his
right to self-organization.

(48) The Secretary of Labor and Employment or his duly authorized

representative, including labor regulations officers, shall have
access to employer's records and premises during work hours. Why
is this statement an inaccurate statement of the law?
(A) Because the power to inspect applies only to employer
records, not to the premises.

(C) The transfer will greatly inconvenience the employee

and his family.

(B) Because only the Secretary of Labor and Employment

has the power to inspect, and such power cannot be
delegated.

(D) The transfer will result in additional housing and travel

expenses for the employee.

(C) Because the law allows inspection anytime of the day

or night, not only during work hours.

(45) Of the four definitions below, which one does NOT fit the
definition of solo parent under the Solo Parents Welfare Act?

(D) Because the power to inspect is already delegated to

the DOLE regional directors, not to labor regulations
officers.

(A) Solo parenthood while the other parent serves sentence

for at least one year.
(B) A woman who gives birth as a result of rape.
(C) Solo parenthood due to death of spouse.
(D) Solo parenthood where the spouse left for abroad and
fails to give support for more than a year.
(46) Albert and four others signed employment contracts with Reign
Publishers from January 1 to March 31, 2011 to help clear up
encoding backlogs. By first week of April 2011, however, they
remained at work. On June 30 Reigns manager notified them that
their work would end that day. Do they have valid reason to
complain?

(49) In industrial homework, the homeworker does at his home the

work that his employer requires of him, using employer-supplied
materials. It differs from regular factory work in the sense that
(A) the workers are not allowed to form labor
organizations.
(B) the workers' pay is fixed by informal agreement
between the workers and their employer.
(C) the workers are under very little supervision in the
performance or method of work.
(D) the workers are simply called homeworkers, not
employees, hence not covered by the social security law.

(A) No, since fixed term employment, to which they

agreed, is allowed.

(50) Which of the following grounds exempts an enterprise from the

service incentive leave law?

(B) Yes, their job was necessary and desirable to the

employers business and, therefore, they are regular
employees.

(A) The employees already enjoy 15 days vacation leave

with pay.

(C) Yes, when they worked beyond March without an

extended fixed term employment contract, they became
regular employees.
(D) No, since the 3-month extension is allowed in such
employment.

(B) The employer's business has been suffering losses in

the past three years.
(C) The employer regularly employs seven employees or
less.
(D) The company is located in a special economic zone.

(51) Which of the following acts is NOT considered unfair labor

practice (ULP)?

(A) The contractor performs activities not directly related

to the principal's main business.

(A) Restraining employees in the exercise of the right to

self-organization.

(B) The contractor has substantial investments in tools,

equipment, and other devices.

(B) Union's interference with the employee's right to selforganization.

(C) The contractor does not merely recruit, supply, or place

workers.

(C) Refusal to bargain collectively with the employer.

(D) The contractor has direct control over the employees

manner and method of work performance.

(D) Gross violation of the collective bargaining agreement

by the union.
(52) In computing for 13th month pay, Balagtas Company used as
basis both the employees 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. Is the management action legally justified?

(56) X Companys CBA grants each employee a 14th month yearend bonus. Because the company is in financial difficulty, its head
wants to negotiate the discontinuance of such bonus. Would such
proposal violate the nondiminution rule in the Labor Code?
(A) No, but it will certainly amount to negotiating in bad
faith.

(A) Yes, since 13th month pay should only be one-twelfth

of the regular pay.

(B) Yes since the rule is that benefits already granted in a

CBA cannot be withdrawn or reduced.

(B) No, since the erroneous computation has ripened into

an established, nonwithdrawable practice.

(C) No, since the law does not prohibit a negotiated

discontinuance of a CBA benefit.

(C) Yes, an error is not a deliberate decision, hence may be

rectified.

(D) Yes, since such discontinuance will cancel the

enjoyment of existing benefits.

(D) No, employment benefits can be withdrawn only

through a CBA negotiation.
(53) Where the petition for a certification election in an unorganized
establishment is filed by a federation, it shall NOT be required to
disclose the
(A) names of the local chapter's officers and members.

(57) Night 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 10:00 p.m. and 6:00 a.m.
(B) 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.

(B) names and addresses of the federation officers.

(C) names and number of employees that initiated the
union formation in the enterprise.

(C) 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 6:00 p.m. and 12 midnight.

(D) names of the employees that sought assistance from

the federation in creating the chapter.

(D) while overtime pay is 25% additional to the employee's

hourly regular wage, night differential is 10% of such
hourly wage without overtime pay.

(54) Under the Limited Portability law, funds from the GSIS and the
SSS 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

(58) Differentiate a labor organization from a legitimate labor

organization.

(A) credited only once.

(B) credited in full.
(C) proportionately reduced.
(D) equally divided for the purpose of totalization.
(55) Of the four tests below, which is the most determinative of the
status of a legitimate contractor-employer?

(A) While the employees themselves form a labor

organization, a legitimate labor organization is formed
at the initiative of a national union or federation.
(B) While the members of a labor organization consists
only of rank and file employees, a legitimate labor
organization consists of both supervisory and rank and
file employees.

(C) While a labor organization exists for a lawful

purpose, a legitimate labor organization must, in
addition, be registered with the labor department.

(A) reimburse the recruit's documentary and processing

expenses.
(B) reimburse the recruits expenses with 6% interest.

(D) While the officers in a labor organization are elected

in an informal way, the officers in legitimate labor
organization are formally elected according to the union's
constitution and by-laws.
(59) The negotiating panels for the CBA of X Company established
a rule that only employees of the company will seat in each panel.
In the next session, the management panel objected to the presence
of the union counsel. Still the negotiation proceeded. At the next
session, the management panel again objected to the presence of the
union counsel as a non-observance of the no outsider rule. The
negotiation nonetheless proceeded. Does the management panel's
objection to the presence of the union counsel constitute unfair labor
practice through bad-faith bargaining?
(A) Yes, the management is harping on a non-mandatory
matter instead of proceeding with the mandatory subjects
of bargaining.
(B) No, there is no bargaining in bad faith since the
bargaining proceeded anyway.
(C) Yes, the management panel has no legal basis for
limiting the composition of the union negotiating panel.
(D) No, since it is the union that violates the ground rules
fashioned by the parties, it is the one negotiating in bad
faith.
(60) Which of the following acts is NOT part of the regulatory and
visitorial power of the Secretary of Labor and Employment over
recruitment and placement agencies? The power to
(A) order arrest of an illegal recruiter
(B) inspect premises, books and records
(C) cancel license or authority to recruit
(D) garnish recruiter's bond
(61) Where there is a bargaining deadlock, who may file a notice of
strike?
(A) The majority members of the bargaining unit.

(C) pay the recruit damages equivalent to one years salary.

(D) find another employer and deploy the recruit within 12
months.
(63) Which of the following is an essential element of illegal
recruitment?
(A) The recruiter demands and gets money from the recruit
but issues no receipt.
(B) The recruiter gives the impression that he is able to
send the recruit abroad.
(C) The recruiter has insufficient capital and has no fixed
address.
(D) The recruiter has no authority to recruit.
(64) A group of 15 regular rank-and-file employees of Bay Resort
formed and registered an independent union. On hearing of this, the
management called the officers to check who the union members
were. It 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 unions composition inappropriate and its
registration invalid. Is this correct?
(A) Yes, union membership should be confined to directhired employees of the company.
(B) Yes, the community of interest criterion should be
observed not only in the composition of a bargaining unit
but also in the membership of a union.
(C) Yes, a union must have community of interest; the nonregulars do not have such interest.
(D) No, union membership may include non-regulars since
it differs from membership in a bargaining unit.
(65) Which is NOT a guideline for the dismissal of an employee on
the ground of loss of confidence?

(B) The recognized bargaining agent.

(A) Loss of confidence may not be arbitrarily invoked in

the face of overwhelming evidence to the contrary.

(C) Any legitimate labor organization in the employers

business.

(B) Loss of confidence as cause of dismissal should be

expressly embodied in written company rules.

(D) The majority members of the bargaining union.

(C) The employee holds a position of trust and confidence.

(62) When a recruitment agency fails to deploy a recruit without

valid reason and without the recruit's fault, the agency is obligated
to

(D) Loss of confidence should not be simulated nor a mere

afterthought to justify earlier action taken in bad faith.

(66) Pedring, Daniel, and Paul were employees of Delibakery who

resigned from their jobs but wanted to file money claims for unpaid
wages and 13th month pay. Pedrings claim totals P20,000.00,
Daniels P3,000.00, and Pauls P22,000.00. Daniel changed his
mind and now also wants reinstatement because he resigned only
upon the instigation of Pedring and Paul. Where should they file
their claims?
(A) With the DOLE regional director for Pedring and
Pauls claims with no reinstatement; with the labor arbiter
for Daniels claim with reinstatement.
(B) With the Office of the Regional Director of the
Department of Labor for all claims to avoid multiplicity of
suits.
(C) With a labor arbiter for all three complainants.
(D) With the DOLE Regional Director provided they are
consolidated for expediency.
(67) In a scenario like typhoon Ondoy, who may be required by the
employer to work overtime when necessary to prevent loss of life or
property?
(A) Health personnel
(B) Employees with first aid training
(C) Security and safety personnel
(D) Any employee
(68) The management and Union X in Atisan Mining entered into a
CBA for 1997 to 2001. After 6 months, a majority of the members
of Union X formed Union Y and sought management recognition.
The latter responded by not dealing with either union. But, when the
CBAs economic provisions had to be renegotiated towards the end
of the term of the CBA, the management chose to negotiate with
Union Y, the newer union. Thus, Union X which negotiated the
existing CBA charged the company with unfair labor practice
(ULP). The company argued that it committed no unfair labor
practice since the supposed violation had nothing to do with
economic provisions of the CBA. Is the management right?
(A) No. Refusal to comply with the CBAs economic
provisions is not the only ground for ULP; a disregard of
the entire CBA by refusing to renegotiate with the
incumbent bargaining agent is also ULP,
(B) Yes. No unfair labor practice was committed because
the supposed violation has nothing to do with economic
provisions of the CBA.
(C) Yes. The management commits no ULP when it
decided to renegotiate with the numerically majority union.
(D) Yes. A CBA violation amounts to ULP only if the
violation is gross, meaning flagrant or malicious refusal
to comply with the CBAs economic provisions which is
not the case here.

(69) The apprenticeship program should be supplemented by

theoretical instruction to be given by
(A) the apprentice's school only where the apprentice is
formally enrolled as a student.
(B) the employer if the apprenticeship is done in the plant.
(C) the civic organizations that sponsor the program.
(D) the Department of Labor and Employment.
(70) The Securities and Exchange Commission approved a merger
that allowed Broad Bank to absorb the assets and liabilities of
EBank. Broad Bank also absorbed EBanks rank-and-file employees
without change in tenure, salary, and benefits. Broad Bank was
unionized but EBank was not. The Broad Bank bargaining union
requested the management to implement the union security clause in
their CBA by requiring the ex-EBank employees to join the union.
Does the union security clause in the Broad Bank CBA bind the exEBank employees?
(A) No, since the ex-EBank employees were not yet Broad
Bank employees when that CBA was entered into.
(B) No, Broad Banks absorption of ex-EBank employees
was not a requirement of law or contract; hence, the CBA
does not apply.
(C) Yes, Broad Banks absorption of ex-EBank employees
automatically makes the latter union members of Broad
Banks bargaining union.
(D) Yes, since the right not to join a labor union is
subordinate to the policy of unionism that encourages
collective representation and bargaining.
(71) The employer must observe both substantive and procedural
due process when dismissing an employee. If procedural due
process is not observed, the dismissal will be regarded as
(A) defective; the dismissal process has to be repeated.
(B) an abuse of employer's discretion, rendering the
dismissal void.
(C) ineffectual; the dismissal will be held in abeyance.
(D) legal and valid but the employer will be liable for
indemnity.
(72) Mario, an expert aircon technician, owns and manages a small
aircon repair shop with little capital. He employs one full-time and
two part-time technicians. When they do repair work in homes or
offices, their clients do not tell them how to do their jobs since they
are experts in what they do. The shop is shabby, merely rented, and
lies in a small side street. Mario 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) Labor-only contractors

(B) Job contractors
(C) Pakyaw workers
(D) Manpower agency contractors
(73) How often should the collected service charges be distributed
to employees in hotels and restaurants?
(A) Every end of the month
(B) Every two weeks
(C) Every week
(D) At the end of each work day
(74) Which of the following conditions justifies a licensed
employment agency to charge and collect fees for employment
assistance?
(A) The recruit has submitted his credentials to the
employment agency.
(B) The POEA has approved the agency's charges and fees.
(C) The agency's principal has interviewed the applicant
for the job.
(D) The worker has obtained employment through the
agency's efforts.
(75) During the CBA negotiation the management panel proposed a
redefinition of the rank-and-file bargaining unit to exclude HR
Specialist in the human resource department and Analyst in the
research and development department. The union panel objected
since those affected have already been included in the bargaining
unit covered by the existing CBA and so could no longer be
excluded. Is the union correct in insisting that their exclusion would
amount to bad faith on the part of the management panel?
(A) No, efforts to modify an existing CBA do not
constitute bad faith if such modification does not diminish
employment benefits.
(B) Yes, the proposed exclusion amounts to managements
violation of its duty to bargain because it disregards the
bargaining history between the parties.
(C) Yes, once the coverage of the bargaining unit has been
contractually defined, it can no longer be redefined.
(D) No, 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

his wife had just delivered a baby. The union members later
intimidated and barred other employees from entering the work
premises, thus paralyzing the business operations of the company.

TRUE OR FALSE. Explain your answer briefly.

1. Deeds of release, waivers and quitclaims are always valid and
binding. (2%)
2. The relations between employer and employee are purely
contractual in nature. (2%)
3. As a general rule, direct hiring of Overseas Filipino Workers
(OFWs) is not allowed. (2%)
II
Distinguish the terms conciliation, mediation and arbitration.
(3%)
a.

Differentiate surface
bargaining. (2%)

bargaining

from

blue-sky

III
A, single, has been an active member of the Social Security System
for the past 20 months. She became pregnant out of wedlock and on
her 7th month of pregnancy, she was informed that she would have
to deliver the baby through caesarean section because of some
complications. Can A claim maternity benefits? If yes, how many
days can she go on maternity leave? If not, why is she not entitled?
(3%)

A was dismissed from employment as a consequence of the strike.

a.
b.

Was the strike legal? Explain. (3%)

Was As dismissal valid? Why or why not? (3%)

VII
A was an able seaman contracted by ABC Recruitment Agency for
its foreign principal, Seaworthy Shipping Company (SSC). His
employment contract provided that he would serve on board the
Almieda II for eight (8) months with a monthly salary of US$450.
In 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 (2) to enforce
the policy, random test sampling would be done on all those on
board the ship.
On his third month of service while the Almieda II was docked at a
foreign port, a random drug test was conducted on all members of
the crew and A tested positive for marijuana. He was given a copy
of the drug test result. In compliance with the companys directive,
he submitted his written explanation which the company did not
find satisfactory. A month later, he was repatriated to the
Philippines.

IV
A, a worker at ABC Company, was on leave with pay on March 31,
2010. He reported for work on April 1 and 2, Maundy Thursday and
Good Friday, respectively, both regular holidays. Is A entitled to
holiday pay for the two successive holidays? Explain. (3%)

Upon arrival in the Philippines, A filed with the National Labor

Relations Commission (NLRC) a complaint against the agency and
the principal for illegal dismissal with a claim for salaries for the
unexpired portion of his contract.
a.
b.

V
Company XYZ has two recognized labor unions, one for its rankand-file employees (RFLU), and one for supervisory employees
(SELU). Of late, the company instituted a restructuring program by
virtue of which A, a rank-and-file employee and officer of RFLU,
was promoted to a supervisory position along with four (4) other
colleagues, also active union members and/or officers. Labor Union
KMJ, a rival labor union seeking recognition as the rank-and-file
bargaining agent, filed a petition for the cancellation of the
registration of RFLU on the ground that A and her colleagues have
remained to be members of RFLU. Is the petition meritorious?
Explain. (3%)

Was As dismissal valid? Explain. (3%)

Is his claim for salaries for the unexpired portion of his
contract tenable? Explain. (3%)

VIII
ABC company and U labor union have been negotiating for a new
Collective Bargaining Agreement (CBA) but failed to agree on
certain economic provisions of the existing agreement. In the
meantime, the existing CBA expired. The company thereafter
refused to pay the employees their midyear bonus, saying that the
CBA which provided for the grant of midyear bonus to all company
employees had already expired. Are the employees entitled to be
paid their midyear bonus? Explain your answer. (3%)

VI

IX

A is a member of the labor union duly recognized as the sole

bargaining representative of his company. Due to a bargaining
deadlock, 245 members of the 500-strong union voted on March 13,
2010 to stage a strike. A notice of strike was submitted to the
National Conciliation and Mediation Board on March 16, 2010.
Seven days later or on March 23, 2010, the workers staged a strike
in the course of which A had to leave and go to the hospital where

A was working as a medical representative of RX pharmaceutical

company when he met and fell in love with B, a marketing strategist
for Delta Drug Company, a competitor of RX. On several occasions,
the management of RX called As attention to the stipulation in his
employment contract that requires 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. What

would be your advice? (3%)

PART II
XIV

X
A, an employee of XYZ Cooperative, owns 500 shares in the
cooperative. He has been asked to join the XYZ Cooperative
Employees Association. He seeks your advice on whether he can
join the association. What advice will you give him? (3%)

After working from 10 a.m. to 5 p.m. on a Thursday as one of 5,000

employees in a beer factory, A hurried home to catch the early
evening news and have dinner with his family. At around 10 p.m. of
the same day, the plant manager called and ordered A to fill in for C
who missed the second shift.

XI

a.

Because of continuing financial constraints, XYZ, Inc. gave its

employees the option to voluntarily resign from the company. A was
one of those who availed of the option. On October 5, 2007, he was
paid separation benefits equivalent to seven (7) months pay for his
six (6) years and seven (7) months of service with the company and
he executed a waiver and quitclaim.

b.

May A validly refuse the plant managers directive?

Explain. (2%)
Assuming that A was made to work from 11 p.m. on
Thursday until 2 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 2 a.m.? Explain? (3%)

XV
A week later, A filed against XYZ, Inc. a complaint for illegal
dismissal. While he admitted that he was not forced to sign the
quitclaim, he contended that he agreed to tender his voluntary
resignation on the belief that XYZ, Inc. was closing down its
business. XYZ, Inc., however, continued its business under a
different company name, he claimed.
Rule on whether the quitclaim executed by A is valid or not.
Explain. (3%)

Samahang Manggagawa ng Terracota, a union of supervisory

employees at Terracota Inc., recently admitted a member of the
companys managerial staff, A, into the union ranks.
a.
b.

Should A be a member of the supervisory union? Explain.

(2%)
Assuming that A is ineligible to join the union, should the
registration of Samahang Manggagawa ng Terracota be
cancelled? Explain. (3%)

XII
XVI
On December 12, 2008, A signed a contract to be part of the crew of
ABC Cruises, Inc. through its Philippine manning agency XYZ.
Under the standard employment contract of the Philippine Overseas
Employment Administration (POEA), his employment was to
commence upon his actual departure from the port in the point of
hire, Manila, from where he would take a flight to the USA to join
the cruise ship MS Carnegie. However, more than three months
after A secured his exit clearance from the POEA for his supposed
departure on January 15, 2009, XYZ still had not deployed him for
no valid reason.
Is A entitled to relief? Explain. (3%)

On the first day of collective bargaining negotiations between rankand-file Union A and B Bus Company, the former proposed a
P45/day 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. When
company representatives suggested a discussion of political
provisions in the Collective Bargaining Agreement as stipulated in
the ground rules, union members went on mass leave the next day to
participate in a whole-day prayer rally in front of the company
building.

XIII

a.

A is employed by XYZ Company where XYZ Employees Union

(XYZ-EU) is the recognized exclusive bargaining agent. Although
A is a member of rival union XYR-MU, he receives the benefits
under the CBA that XYZ-EU had negotiated with the company.

b.

XYZ-EU assessed A a fee equivalent 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 XYZEU and he has
not issued an authorization to allow the collection. Explain whether
his claim is meritorious. (3%)

c.

The company filed a petition for assumption of jurisdiction

with the Secretary of Labor and Employment. The Union
opposed the petition, arguing that it did not intend to stage
a strike. Should the petition be granted? Explain. (2%)
The Union 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 CBA. Rule on the contention. (2%)
Union 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 jurisdiction. May the
company validly terminate AA? Explain. (2%)

XVII
A was hired to work in a sugar plantation performing such tasks as
weeding, cutting and loading canes, planting cane points, fertilizing

and cleaning the drainage. Because his daily presence in the field
was not required, A also worked as a houseboy at the house of the
plantation owner. For the next 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. Decide with reason. (3%)

a.
b.

May X be held criminally liable for illegal recruitment?

Explain. (2%)
May the officers having control, management or direction
of Alpha Personnel Services, Inc. be held criminally liable
for illegal recruitment? Explain. (3%)

XXII
XVIII
Flight attendant A, five feet and six inches tall, weighing 170
pounds ended up weighing 220 pounds in two years. Pursuant to the
long standing Cabin and Crew Administration Manual of the
employer airline that set a 147-pound limit for As height,
management sent A a notice to shape up or ship out within 60
days. At the end of the 60-day period, A reduced her weight to 205
pounds. The company finally served her a Notice of Administration
Charge for violation of company standards on weight requirements.
Should A be dismissed? Explain. (3%)

A was recruited to work abroad by Speedy Recruitment Agency as a

technician for a Saudi Arabian construction firm, with a monthly
salary of $650.00. When she got to the construction site, the
employer compelled her to sign another contract that referred her to
another employer for a salary of $350.00. She worked for the
second employer and was paid $350.00 until her two-year contract
expired. Upon her return to the Philippines, she filed a case against
the agency and the two employers. May the agency validly raise the
defense that it was not privy to the transfer of A to the second
employer? Explain. (3%)

XIX

XXIII

Several employees and members of Union A were terminated by

Western Phone Co. on the ground of redundancy. After complying
with the necessary requirements, the Union staged a strike and
picketed the premises of the company. The management then filed a
petition for the Secretary of Labor and Employment to assume
jurisdiction over the dispute. Without the benefit of a hearing, the
Secretary issued an Order to assume jurisdiction and for the parties
to revert to the status quo ante litem.

A worked as a roomboy in La Mallorca Hotel. He sued for

underpayment of wages before the NLRC, alleging that he was paid
below the minimum wage. The employer denied any underpayment,
arguing that based on long standing, unwritten policy, the Hotel
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 employees 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. If you were the Labor Arbiter, how
would you rule? Explain. (3%)

a.
b.

Was the order to assume jurisdiction legal? Explain. (2%)

Under the same set of facts the Secretary instead issued an
Order directing all striking workers to return to work
within 24 hours, except those who were terminated due to
redundancy. Was the Order legal? Explain. (3%)

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. If you were the Labor Arbiter, how
would you rule? Explain. (6%)
XXI
A was approached for possible overseas deployment to Dubai by X,
an interviewer of job applicants for Alpha Personnel Services, Inc.,
an overseas recruitment agency. X required A to submit certain
documents (passport, NBI clearance, medical certificate) and to pay
P25,000 as processing fee. Upon 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 Personnel Services, Inc.
during which X told him that he could no longer be deployed for
employment abroad. A was informed by the Philippine Overseas
Employment Administration (POEA) that while Alpha Personnel
Services, Inc. was a licensed agency, X was not registered as its
employee, contrary to POEA Rules and Regulations. Under POEA
Rules and Regulations, the obligation to register personnel with the
POEA belongs to the officers of a recruitment agency.

XXIV. Rank-and-file workers from Peacock Feathers, a company

with 120 employees, registered their independent labor organization
with the Department of Labor and Employment (DOLE) Regional
Office. Management countered with a petition to cancel the unions
registration on the ground that the minutes of ratification of the
union constitution and by-laws submitted to the DOLE were
fraudulent. Specifically, management presented affidavits of ten
(10) out of forty (40) individuals named in the list of union
members who participated in the ratification, alleging that they were
not present at the supposed January 1, 2010 meeting held for the
purpose. The union argued that the stated date of the meeting should
have read January 11, 2010, instead of January 1, 2010, and
that, at any rate, the other thirty (30) union members were enough to
register a union. Decide with reason. (3%)
XXV. Company C, a toy manufacturer, decided to ban the use of
cell phones in the factory premises. In the pertinent Memorandum,
management explained that too much texting and phone-calling by
employees disrupted company operations. Two employeesmembers
of Union X were terminated from employment due to violation of
the memorandum-policy. The union countered with a prohibitory
injunction case (with prayer for the issuance of a temporary
restraining order) filed with the Regional Trial Court, 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 existing
Collective Bargaining Agreement with Union X, and eventually to
Voluntary Arbitration. Is the company correct? Explain. (3%)
NOTHING FOLLOWS.

2009 LABOR LAW BAR EXAM QUESTIONS

c.

PART I

Even assuming that they are liable, their liability would, at

most, be equivalent to Richies salary for only six (6)
months, not two years. (3%).

Rule on the validity of the foregoing arguments with reasons.

TRUE or FALSE. Answer TRUE if the statement is true, or

FALSE if the statement is false. Explain your answer in not more
than two (2) sentences. (5%)

IV

a.
b.
c.
d.
e.

An employment contract prohibiting employment in a

competing company within one year from separation is
valid.
All confidential employees are disqualified to unionize for
the purpose of collective bargaining.
A runaway shop is an act constituting unfair labor practice.
In the law on labor relations, the substitutionary doctrine
prohibits a new collective bargaining agent from
repudiating an existing collective bargaining agreement.
The visitorial and enforcement powers of the DOLE
Regional Director to order and enforce compliance with
labor standard laws can be exercised even when the
individual claim exceeds P5,000.00.

Diosdado, a carpenter, was hired by Building Industries Corporation

(BIC), and assigned to build a small house in Alabang. His contract
of employment specifically referred to him as a "project employee,"
although it did not provide any particular date of completion of the
project.
Is the completion of the house a valid cause for the termination of
Diosdados employment? If so, what are the due process
requirements that the BIC must satisfy? If not, why not? (3%)
V
a.

II
a.

b.

Enumerate at least four (4) policies enshrined in Section 3,

Article XIII of the Constitution that are not covered by
Article 3 of the Labor Code on declaration of basic policy.
(2%)
Clarito, an employee of Juan, was dismissed for allegedly
stealing Juans wristwatch. In the illegal dismissal case
instituted by Clarito, the Labor Arbiter, citing Article 4 of
the Labor Code, ruled in favor of Clarito upon finding
Juans testimony doubtful. On appeal, the NLRC reversed
the Labor Arbiter holding that Article 4 applies only when
the doubt involves "implementation and interpretation" of
the Labor Code provisions. The NLRC explained that the
doubt may not necessarily be resolved in favor of labor
since this case involves the application of the Rules
onEvidence, not the Labor Code. Is the NLRC correct?
Reasons. (3%)

III
Richie, a driver-mechanic, was recruited by Supreme Recruiters
(SR) and its principal, Mideast Recruitment Agency (MRA), to
work in Qatar for a period of two (2) years. However, soon after the
contract was approved by POEA, MRA advised SR to forego
Richies deployment because it had already hired another Filipino
driver-mechanic, who had just completed his contract in Qatar.
Aggrieved, Richie filed with the NLRC a complaint against SR and
MRA for damages corresponding to his two years salary under the
POEA-approved contract.
SR and MRA traversed Richies complaint, raising the following
arguments:
a.
b.

The Labor Arbiter has no jurisdiction over the case; (2%)

Because Richie was not able to leave for Qatar, no
employer-employee relationship was established between
them; (2%) and

b.

Baldo was dismissed from employment for having

beenabsent without leave (AWOL) for eight (8) months. It
turned outthat the reason for his absence was his
incarceration after he was mistaken as his neighbors killer.
Eventually acquitted and released from jail, Baldo returned
to his employer and demanded reinstatement and full
backwages. Is Baldo entitled to reinstatement and
backwages? Explain your answer. (3%)
Domingo, a bus conductor of San Juan Transportation
Company, intentionally did not issue a ticket to a female
passenger, Kim, his long-time crush. As a result, Domingo
was dismissed from employment for fraud or willful
breach of trust. Domingo contests his dismissal, claiming
that he is not a confidential employee and, therefore,
cannot be dismissed from the service for breach of trust. Is
Domingo correct? Reasons. (2%)

VI
Albert, a 40-year old employer, asked his domestic helper, Inday, to
give him a private massage. When Inday refused, Albert showed her
Article 141 of the Labor Code, which says that one of the duties of a
domestic helper is to minister to the employers personal comfort
and convenience.
a.
b.

Is Indays refusal tenable? Explain. (3%)

Distinguish briefly, but clearly, a "househelper" from a
"homeworker." (2%)

VII
Johnny is the duly elected President and principal union organizer
of the Nagkakaisang Manggagawa ng Manila Restaurant (NMMR),
a legitimate labor organization. He was unceremoniously dismissed
by management for spending virtually 95% of his working hours in
union activities. On the same day Johnny received the notice of
termination, the labor union went on strike.
Management filed an action to declare the strike illegal, contending
that:

a.
b.

c.

The union did not observe the "cooling-off period"

mandated by the Labor Code; (2%) and
The union went on strike without complying with the
strike-vote requirement under the Labor Code. (2%)

a.

Rule on the foregoing contentions with reasons.

c.

b.

The Labor Arbiter found management guilty of unfair labor

practice for the unlawful dismissal of Johnny. The decision
became final. Thereafter, the NMMR filed a criminal case
against the Manager of Manila Restaurant. Would the
Labor Arbiters finding be sufficient to secure the
Managers conviction? Why or why not? (2%)

d.
e.

Seafarers who have worked for twenty (20) years on board

the same vessel are regular employees.
Employment of children below fifteen (15) years of age in
any public or private establishment is absolutely
prohibited.
Government employees have the right to organize and join
concerted mass actions without incurring administrative
liability.
A waiver of the right to claim overtime pay is contrary to
law.
Agency fees cannot be collected from a non-union member
in the absence of a written authorization signed by the
worker concerned.

VIII

XII

Alexander, a security guard of Jaguar Security Agency (JSA), could

not be given any assignment because no client would accept him.
He had a face only a mother could love. After six (6) months of
being on "floating" status, Alexander sued JSA for constructive
dismissal. The Labor Arbiter upheld Alexanders claim of
constructive dismissal and ordered JSA to immediately reinstate
Alexander. JSA appealed the decision to the NLRC. Alexander
sought immediate enforcement of the reinstatement order while the
appeal was pending.

In her State of the Nation Address, the President 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. Responding to the call, Congress
passed two innovative legislative measures, namely: (1) a law
abolishing the security of tenure clause in the Labor Code; and (2) a
law allowing contractualization in all areas needed in the
employers business operations. However, to soften the impact of
these new measures, the law requires that all employers shall obtain
mandatory unemployment insurance coverage for all their
employees.

JSA hires you as lawyer, and seeks your advice on the following:
a.
b.
c.

Because JSA has no client who would accept Alexander,

can it still be compelled to reinstate him pending appeal
even if it has posted an appeal bond? (2%)
Can the order of reinstatement be immediately enforced in
the absence of a motion for the issuance of a writ of
execution? (2%)
If the order of reinstatement is being enforced, what should
JSA do in order to prevent reinstatement? (2%)

Explain your answers.

IX
a.
b.

What is wage distortion? Can a labor union invoke wage

distortion as a valid ground to go on strike? Explain. (2%)
What procedural remedies are open to workers who seek
correction of wage distortion? (2%)

X
a.
b.

State briefly the compulsory coverage of the Government

Service Insurance Act. (2%)
Can a member of a cooperative be deemed an employee for
purposes of compulsory coverage under the Social Security
Act? Explain. (2%)

The constitutionality of the two (2) laws is challenged in court. As

judge, how will you rule? (5%)
XIII
Atty. Renan, a CPA-lawyer and Managing Partner of an accounting
firm, conducted the orientation seminar for newly-hired employees
of the firm, among them, Miss Maganda. After the seminar, Renan
requested Maganda to stay, purportedly to discuss
some work assignment. Left alone in the training room, Renan
asked Maganda 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. During all these, Renan told
Maganda 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. Did Renan commit acts of sexual harassment in a workrelated or employment environment? Reasons. (3%)
b. The lady supervisors in the firm, slighted by Renans
revelations about them, succeeded in having him expelled
from the firm. Renan then filed with the Arbitration Branch
of the NLRC an illegal dismissal case with claims for
damages against the firm. Will the case prosper? Reasons.
(2%)
XIV

PART II
XI
TRUE or FALSE. Answer TRUE if the statement is true, or
FALSE if the statement is false. Explain your answer in not more
than two (2) sentences. (5%)

Jolli-Mac Restaurant Company (Jolli-Mac) owns and operates the

largest food chain in the country. It engaged Matiyaga Manpower
Services, Inc. (MMSI), a job contractor registered with the
Department of Labor and Employment, to provide its restaurants the
necessary personnel, consisting of cashiers, motorcycle delivery
boys and food servers, in its operations. The Service Agreement
warrants, among others, that MMSI has a paid- up capital of

P2,000,000.00; that it would train and determine the qualification

and fitness of all personnel to be assigned to Jolli- Mac; that it
would provide these personnel with proper Jolli-Mac uniforms; and
that it is exclusively responsible to these personnel for their
respective salaries and all other mandatory statutory benefits.

improvements in wages and other benefits obtained by the Union

were:
1) Salary increases of P1,000 and P1,200 monthly,
effective January 1, 2006 and January 1, 2007,
respectively;

After the contract was signed, it was revealed, based on research

conducted, that MMSI had no other clients except Jolli- Mac, and
one of its major owners was a member of the Board of Directors of
Jolli-Mac.
a.
b.

2) Vacation Leave and Sick Leave were adjusted from 12

days to 15 days annually for each employee;
3) Medical subsidy of P3,000 per year for the purchase of
medicines and hospitalization assistance of P10,000 per
year for actual hospital confinement;

Is the Service Agreement between Jolli-Mac and MMSI

legal and valid? Why or why not? (3%)
If the cashiers, delivery boys and food servers are not paid
their lawful salaries, including overtime pay, holiday pay,
13th month pay, and service incentive leave pay, against
whom may these workers file their claims? Explain. (2%)

4) Rice Subsidy of P600 per month, provided the employee

has worked for at least 20 days within the particular month;
and

XV

5) Birthday Leave with Pay and Birthday Gift of P1,500.

Among the 400 regular rank-and-file workers of MNO Company, a

certification election was ordered conducted by the Med-Arbiter of
the Region. The contending parties obtained the following votes:
1. Union A - 70
2. Union B - 71
3. Union C - 42
4. Union D - 33
5. No union - 180
6. Spoiled votes - 4
There were no objections or challenges raised by any party on the
results of the election.
a.

b.

c.

Can Union B be certified as the sole and exclusive

collective bargaining agent among the rank-and-file
workers of MNO Company considering that it garnered the
highest number of votes among the contending unions?
Why or why not? (3%)
May the management or lawyer of MNO Company legally
ask for the absolute termination of the certification election
proceedings because 180 of the workers --- a clear plurality
of the voters --- have chosen not to be represented by any
union? Reasons. (3%)
If you were the duly designated election officer in this
case, what would you do to effectively achieve the purpose
of certification election proceedings? Discuss. (3%)

As early as October 2007, the Company and the Union started

negotiations to renew the CBA. Despite mutual good faith and
earnest efforts, they could not agree. However, no union filed a
petition for certification election during the freedom period. On
March 30, 2008, no CBA had been concluded. Management learned
that the Union would declare a bargaining deadlock on the next
scheduled bargaining meeting.
As expected, on April 3, 2008, the Union declared a deadlock. In the
afternoon of the same day, management issued a formal
announcement in writing, posted on the bulletin board, that due to
the CBA expiration on December 31, 2007, all fringe benefits
contained therein are considered withdrawn and can no longer be
implemented, effective immediately.
a.
b.
c.

When was the "freedom period" referred to in the

foregoing narration of facts? Explain. (2%)
After April 3, 2008, will a petition for certification election
filed by another legitimate labor union representing the
rank-and-file employees legally prosper? Reasons. (3%)
Is managements withdrawal of the fringe benefits valid?
Reasons. (2%)

d.

If you were the lawyer for the union, what legal recourse or
action would you advise? Reasons. (3%)

XVII
Alfredo was dismissed by management for serious misconduct. He
filed suit for illegal dismissal, alleging that although there may be
just cause, he was not afforded due process by management prior to
his termination. He demands reinstatement with full backwages.

XVI
a.
The Company and Triple-X Union, the certified bargaining agent of
rank-and-file employees, entered into a Collective Bargaining
Agreement (CBA) effective for the period January 1, 2002 to
December 31, 2007.
For the 4th and 5th years of the CBA, the significant

b.

What are the twin requirements of due process which the

employer must observe in terminating or dismissing an
employee? Explain. (3%)
Is Alfredo entitled to reinstatement and full backwages?
Why or why not? (3%)

XVIII
a.
b.

Cite four (4) instances when an illegally dismissed

employee may be awarded separation pay in lieu of
reinstatement. (3%)
Explain the impact of the union security clause to the
employees right to security of tenure. (2%)

wrote the Secretary of Labor a letter asking him to assume

jurisdiction over the dispute and enjoin the hunger "strike".
What answer will you give if you were the Secretary of
Labor? (3%)
c.

-NOTHING FOLLOWS2008 LABOR LAW BAR QUESTIONS

-I-

Assume that no fixed-term worker complained, yet in a

routine inspection a labor inspector of the Regional Office
of the Labor Code's security of tenure provisions and
recommended to the Regional Director the issuance a
compliance order. The Regional Director adopted the
recommendation and issued a compliance order. Is the
compliance order valid? Explain your answer. (3%)

- IV a.
b.

Explain the automatic renewal clause of collective

bargaining agreements. (3%)
Explain the extent of the workers right to participate in
policy and decision-making process as provided under
Article XIII, Section 3 of the Philippine Constitution. Does
it include membership in the Board of Directors of a
corporation? (3%)

What is Pedro's status as an employee under the Labor Code? Why?

Explain your answer fully. (6%)

- II a.
b.

c.

What issues or disputes may be the subject of voluntary

arbiration under the Labor Code? (4%)
Can a dispute falling within the exclusive jurisdiction of
the Labor Arbiter be submitted to voluntary arbiration?
Why or why not? (3%)
Can a dispute falling within the jurisdiction of a voluntary
arbitrator be submitted to compulsory arbitration? Why or
why not? (3%)

- III Savoy Department Store (SDS) adopted a policy of hiring

salesladies on five-month cycles. At the end of a saleslady's fivemonth term, another person is hired as replacement. Salesladies
attend to store customers, were SDS uniforms, report at specified
hours, and are subject to SDS workplace rules and regulations.
Those who refuse the 5-month employment contract are not hired.
The day after expiration of her 5-month engagement, Lina wore her
SDS 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 SDS. Soon
thereafter, other employees whose 5-month term had also elapsed,
joined Lina's hunger strike.
a.

b.

Super Comfort Hotel employed a regular pool of "extra waiters"

who are called or asked to report for duty when the Hotel's volume
of business is beyond the capacity of the regularly employed waiters
to undertake. Pedro has been an "extra waiter" for more than 10
years. He is also called upon to work on weekends, on holidays and
when there are big affairs at the hotel.

Lina and 20 other saleladies filed a complaint for illegal

dismissal, conteding that they are SDS regular employees
as they performed activities usually necessary or desirable
in the usual business or trade of SDS and thus, their
constitutional right to security of tenure was violated when
they were dismissed without valid, just or authorized
cause. SDS, in defense, argued that Lina, et al. Agreed prior to engagement - to a fixed period employment and
thus waived their right to a full-term tenure. Decide the
dispute. (4%)
The owner of SDS considered the hunger strike staged by
Lina, et al.., an eyesore and disruptive of SDS business. He

-VThe Pizza Corporation (PizCorp) and Ready Supply Cooperative

(RSC) entered into a "service agreement" where RSC in
consideration of service fees to be paid by PizCorp's will
exclusively supply PizCorp with a group of RSC motorcycleowning cooperative members who willhenceforth perform
PizCorp's pizza delivery service. RSC assumes under the agreement
--- full obligation for the payment of the salaries and other statutory
monetary benefits of its members deployed to PizCorp. The parties
also stipulated that there shall be no employer-employee
relationship between PizCorp and the RSC members. However, if
PizCorp is materially prejudiced by any act of the delivery impose
disciplinary sanctions on, including the power to dismiss, the erring
RSC member/s.
a.
b.

c.

Is the contractual stipulation that there is no employeremployee relationship binding on labor officials? Why?
Explain fully. (3%)
Based on the test/s for employer-employee relationship,
determine the issue of who is the employer of the RSC
members. (4%)
Assume that RSC has a paid-up capitalization of
P1,000.000.00 Is RSC engaged in "labor only" contracting,
permissible job contracting or simply, recruitment? (3%)

- VI On the day that the Union could validly declare a strike, the
Secretary of Labor issued an order assuming jurisdiction over the
dispute and enjoining the strike, or if one has commenced, ordering
the striking workers to immediately return to work. The return-towork order required the employees to return to work within twentyfour hours and was served at 8 a.m. of the day the strike was to start.
The order at the same time directed the Company to accept all
employees under the same terms and conditions of employment
prior to the work stoppage. The Union members did not return to

work on the day the Secretary's assumption order was served nor on
the next day; instead, they held a continuing protest rally against the
company's alleged unfair labor practices. Because of the
accompanying picket, some of the employees who wanted to return
to work failed to do so. On the 3rd day, the workers reported for
work, claiming that they do so in compliance with the Secretary's
return-to-work order that binds them as well as the Company. The
Company, however, refused to admit them back sionce they had
violated the Secretary's return-to-work order and are now
considered to have lost their employment status.

Who has the obligation to report the RSC members for membership
with the SSS, with the concomitant obligation to remit SSS
premiums? Why? (6%)

The Union officers and members filed a complaint for illegal

dismissal arguing that there was no strike but a protest rally which is
a valid exercise of the workers constitutional right to peaceable
assembly and freemdom of expression. Hence, there was no basis
for the termination of their employment.

After 5 years as a flight steward, Santos began struggling with his

weight; he weighed 200 lbs., 30 pounds over the prescribed
maximum weight. The Airline gave him a one-year period to attain
the prescribed weight, and enrolled him in several wieght reduction
programs. He consistently failed to meet his target. He was given a
6-month grace period, after which he still failed to meet the weight
limit. FSC thus sent him a Notice of Administrative Charge for
violation of company standards on weight requirements. He stated
in his answer that, for medical reasons, he cannot have a rapid
weight loss. A clarificatory hearing was held where Santos fully
explained his predicament. The explanation did not satisfy FSA and
so it decided to terminate Santos's service for violation of company
standards.

You are the Labor Arbiter to whom the case was raffled. Decide,
ruling on the following issues:
a.
b.

Was there a strike? (4%)

Were the employees simply exercising their constitutional
right to petition for redness of their grievances? (3%)

c.

What are the consequences, if any, of the acts of the

employees? (3%)

- VII Tito Paciencioso is an employee of a foundry shop in Malabon,

Metro Manila. He is barely able to make ends meet with his salary
of P4,000.00 a month. One day, he asked his employer to stop
deducting from his salary his SSS monthly contribution, reasoning
out that he is waiving his social security coverage.
If you were Tito's employer, would you grant his request? Why?
(6%)
- VIII Carol de la Cruz is the secretary of the proprietor of an auto
dealership in quezon City. She resides in Caloocan City. Her office
hours start at 8 a.m. and end at 5 p.m. On July 30, 2008, at 7 a.m.
while waiting for public transport at Rizal Avenue Extension as has
been her routine, she was sideswiped by a speeding taxicab
resulting in her death. The father of Carol filed a claim for
employee's compensation with the Social Security System. Will the
claim prosper? Why? (6%)
- IX Assume that in Problem 5, Mario, an RSC member disgusted with
the non-payment of his night shift differential and overtime pay,
filed a complaint with the DOLE Regional Office against RSC and
PizCorp. After inspection, it was found that indeed Mario was not
getting his correct differential and overtime pay and that he was
declared an SSS member (so that no premiums for SSS membership
were ever remitted). On this basis, the Regional Director issued a
compliance order holding PizCorp and RSC solidarily liable for the
payment of the correct differential and overtime pay and ordering
PizCorp to report Mario for membership with SSS and remit
overdue SSS premiums.

-XPepe Santos was an international flight steward of Flysafe Airlines.

Under FSA's Cabin Crew Administration Manual, Santos must
maintain, given his height and body frame, a weight of 150 to 170
pounds.

Santos filed a complaint for illegal dismissal, arguing that the

company's weight requirement 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). FSA defended its policy as a
valid exercise of management prerogative and from the point of
view of passenger safety and extraordinarydiligence required by law
of common carriers; it also posited that Santos failure to achieve his
ideal weight constituted gross and habitual neglect of duty, as well
as willful disobedience to lawful employer orders. The Labor
Arbiter found the dismissal illegal for there was neither gross and
habitual neglect of duty nor willful disobedience.
Is the Labor Arbiter correct? Why or why not? Explain fully. (6%)
- XI Complaints had worked five (5) 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 extent of 75%. With
respondent's prior permission, they could sit with and entertain
guest inside the establishment and appropriate for themselves the
tips given by guests. After five (5) years, the complaints individual
shares in the collected service charges dipped to below minimum
wage level as a consequence of the lounge's marked business
decline. Thereupon, complaints asked respondent to increase their
share in the collected service charges to 85% or the minimun wage
level, whichever is higher.
Respondent terminated the services of the complainants who
countered by filing a consolidated complaint for unlawful dismissal,
with prayer for 85% of the collected services or the minimum wage
for the appropriate periods, whichever is higher. Decide. (6%)
- XII Arnaldo, President of "Bisig" Union in Femwear Company, readied
himself to leave exactly at 5:00 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. However, the General Manager required him to
render overtime work to meet the company's export quota. Arnaldo
begged off, explaining to the General Manager that he had to see off
his wife who was leaving to work abroad. The company dismissed
Arnaldo for insubordination. He filed a case for illegal dismissal.
Decide (6%)
- XIII 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 supervisors' failure to
report for work was not attributable to them. The company
contended that it was equally faultless, for the strike was not the
direct consequence of any lockout or unfair labor practice. May the
company be held liable for the salaries of the supervisor? Decide
(6%)
- XIV "Puwersa", 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 recognize the local union.
Respondent company replied that through it is willing, the rank-andfile employees had already lost interest in joining the local union as
they had dissolved it. "Puwersa" 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 union's dissolution.
Is the argument of "Puwersa" tenable? Decide with reasons. (6%)
- NOTHING FOLLOWS -

2012
BAR
EXAMINATIONS
POLITICAL AND INTERNATIONAL LAW
Set A
1.

2.

3.

4.

5.

6.

Constitution is defined by Cooley 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 maxims in accordance with
which the powers of sovereignty are habitually
exercised;
c. a body of rules and edicts emanating from the
rulings of courts and written guidelines of the
executive and the legislature by which
government is governed;
d. a body of interpretations and rules by which the
three branches of government are judged for
purposes of sovereign compliance with good
corporate governance.
The three essential parts of a Constitution are:
a. the bill of rights, governmental organization 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 executive department, the legislative
department and the judiciary.
The constitutional provision on initiative and referendum is
not self-executory. This is so because it requires:
a. an implementing resolution from the COMELEC;
b. an implementing resolution from the Supreme
Court;
c. an implementing legislation;
d. an implementing resolution from the party-list
representative of the House of Representatives.
In 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 3% of the persons of majority age of each
district, and 12% of the registered voters of the
region from proposal emanates;
b. at least 3% of the registered voters of each
province and 12% of the total number of
registered voters nationwide;
c. at least 3% of the registered voters of each district
and 12% of the total number of registered voters
nationwide;
d. more than 3% of the 3% of the registered voters
of each district but less than 12% of the total
number of registered voters nationwide.
The Constitution declares that the Philippines is a
republican state. Republicanism 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 judiciary thru the

power of expanded judicial review;
b. supremacy of the presidency compared to the
totality of powers of the legislative;
c. regular periodic election of the President for a
fixed term;
d. unlimited term for the President for as long as
elected by the people in free and honest elections.
7. Which of the following best exemplifies how the system of
checks and balances is carried out:
a. the legislature passes a law that prohibits the
president from commuting a judiciary imposed
sentence, as a check of the president;
b. the President pardons a convict as a way to set
aside or modify a judgment of the judiciary;
c. the judiciary overturns a pardon granted by the
President as a check on executions;
d. the President pardons an accused after
arraignment in the interest of justice.
8. Which phrase best completes the statement 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 justice
and human rights;
b. the accountability of public officers, the
constitutional commissions, and the national
economy and patrimony;
c. the self-executing provisions, the non-selfexecuting provisions, and the self-evident social
justice provisions;
d. the executive, the legislative, and the judicial.
9. The Constitution provides that the "separation of church
and state shall be inviolable." This is implemented most by
the constitutional principles embodied in:
a. the free exercise clause;
b. the non-establishment clause;
c. the freedom of religious belief clause;
d. the freedom of religion clause.
10. Which one of the following is a non-self-executing
provision of the Constitution:
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. Basic Philippine law, in respect of the modes of acquiring
citizenship, follows the rule(s) of:
a. jus soli and jus sanguinis;
b. naturalization and provides for jus soli;
c. jus sanguinis and provides for naturalization;
d. none of the above.
12. Dual allegiance by citizen 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.

13. Margarita was born in 1986 to a Filipino mother and

Swedish father. She has been living and continues to live in
the US for the last 20 years and has also been naturalized
as a US citizen. She recently reacquired Philippine
citizenship under RA 9225, the Citizenship Retention and
Reacquisition Act of 2003. Can Margarita vote in the next
national elections?
a. Yes. Dual citizens who are not residents may
register under the Overseas Absentee Voting Law.
b. Yes. Margarita is a Filipino citizen and thus may
enjoy the right to suffrage like everyone else
without registering as an overseas absentee voter.
c. No. Margarita fails the residency requirement
under Section 1, Article V of the Constitution for
Filipinos.
d. No. Dual citizens upon renunciation of their
Filipino citizenship and acquisition of foreign
citizenship, have practically and legally
abandoned their domicile and severed their legal
ties to their homeland as a consequence.
14. Identify which one is an invalid exercise 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 fix standards on price control;
c. law authorizing the President, in times of war or
other national emergency, for a limited period,
subject to prescribed restrictions, to exercise
powers necessary and proper to carry out a
declared national policy;
d. law authorizing the President to fix, within
specific limits, tariff rates, import and export
quotas, and other duties, within the framework of
the national development program of the
government.
15. Which one of the following theories does not support the
valid delegation of authority by the Congress 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 equal expertise with
the legislature in crafting and implementing laws;
d. contingent legislation.
16. The rule in Article V1, Section 5 (3) of the Constitution
that "Each legislative district shall comprise, as far as
practicable, contiguous, compact and adjacent territory" is
a prohibition against:
a. re-apportionment;
b. commandeering of votes;
c. gerrymandering;
d. re-districting.
17. Article V1, Section 5(3) of the Constitution requires that
for a city to be entitled to have at least one representative,
its population shall be at least:
a. 250,000;
b. 150,000;
c. 100,000;
d. 175,000.
18. A Senator or Member of the House of Representatives
shall be privileged from arrest while Congress is in session

19.

20.

21.

22.

23.

24.

25.

26.

27.

for all offenses punishable by imprisonment of not more

than:
a. life imprisonment;
b. reclusion perpetua;
c. six years imprisonment;
d. four years imprisonment.
No Senator or member of the House of Representatives
may personally appear as counsel before:
a. any regional court;
b. any court of justice;
c. any inferior court;
d. any appellate court.
Which of the following can be changed by an ordinary law
enacted by Congress?
a. Commencement of the term of office of Senators;
b. Date of regular election for President and Vice
Presidential;
c. Authority to transfer appropriation;
d. Regular election of the members of Congress.
Congress shall have the sole power to declare the existence
of a state of war by vote of:
a. three-fourths of both Houses in joint session
assembled, voting jointly;
b. two-thirds of both Houses in joint session
assembled, voting jointly;
c. two-thirds of both Houses in separate session
assembled, voting jointly;
d. two-thirds of both Houses in joint session, voting
separately.
If by the end of any fiscal year, the Congress 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.
Provisions unrelated to an appropriation bill are considered
prohibited. These are called:
a. interlopers;
b. riders;
c. outriggers;
d. add-ons.
The requirement that "Every bill shall embrace only one
subject which shall be expressed in the title thereof"
prevents:
a. rollercoaster legislation;
b. log-rolling legislation;
c. rolling fields legislation;
d. loggerhead legislation.
The power of the President 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 tax is progressive when:
a. the rate fluctuates as the tax base decreases;
b. the rate increases as the tax base remains the
same;
c. the rate increases as the tax base increases;
d. the rate decreases as the tax base increases.
When the Supreme Court sits en banc, cases are decided by
the concurrence of a majority of the members who:

a.

28.

29.

30.

31.

32.

33.

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.
When the Supreme Court sits in division, cases can be
decided by as few as a minimum of:
a. three votes;
b. four votes;
c. five votes;
d. six votes.
A person who has a personal and substantial interest in the
case, such that he has sustained, or will sustain, direct
injury 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.
Congressman Sugar Oll authored a bill called House Bill
No, 0056 which legalizes jueteng. When the Bill became
law (RA 10156), Fr. Nosu Gal, a priest, filed a petition
seeking for the nullification of RA 10156 on the ground
that it is unconstitutional as it violates Section 13, Article
II, of the 1987 Constitution which states that "The state
recognizes the vital role of the youth in nation-building and
shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being". Fr. Gal filed the
petition as a concerned citizen and as taxpayer. Does Fr.
Gal have locus standi?
a. No, because Fr. Gal has no personal and
substantial interest that will be prejudiced by the
implementation of the law;
b. No, the law concerns neither citizens nor
expenditure of public funds;
c. Yes, because the issue is of transcendental
importance;
d. Yes, because as priest, Fr. Gal has special interest
in the well-being of the youth.
Where there is "the impossibility of a courts undertaking
independent resolution without expressing lack of the
respect due coordinate branches of government; or an
unusual need for unquestioning adherence to a political
decision already made; or the potentially of embarrassment
from multifarious pronouncement by various departments
on a question," describes what kind of political question:
a. adherence kind;
b. prudential kind;
c. respectful kind;
d. deference kind.
The "operative fact" doctrine of constitutional law is
applied when a law is declared:
a. operative;
b. factual;
c. constitutional;
d. unconstitutional.
The totality of governmental power is contained in three
great powers:
a. police power, power of sequestration, power of
foreign policy;
b. power of immigration, municipal power,
legislative power;

c.

34.

35.

36.

37.

38.

39.

40.

executive power, legislative power, judicial

power;
d. police power, power of eminent domain, power of
taxation.
The most essential, insistent and the least limitable of
(government) powers, extending 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.
35. In 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 expression and of assembly;
d. right to equal health.
In which of the following would there be no double
jeopardy even if a subsequent case is filed?
a. Pot is accused before the RTC of qualified theft.
After innumerable postponements against Pots
wishes, he moves for dismissal for denial of the
right to a speedy trial. Prosecutor objected.
Dismissal granted;
b. Pot is accused before the RTC of qualified theft.
After innumerable postponements against Pots
wishes, the prosecutor moves for dismissal with
the consent of Pot. Granted;
c. Pot is accused before the RTC of qualified theft.
After innumerable postponements against Pots
wishes, he moves for dismissal for denial of the
right to a speedy trial. Prosecutor posts no
objections. Dismissal granted;
d. Pot is accused before the RTC of qualified theft.
After innumerable postponements against Pots
wishes, the prosecutor moves for dismissal over
the objections of Pot. Granted.
Under Article III, Section 2 of the Bill of Rights, which
provides for the exclusion of evidence that violate the right
to privacy of communication and correspondence, to come
under the exclusionary 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.
The complementing regime that best characterizes the
guarantees of freedom of speech and of the press are:
a. prior punishment and moderate punishment;
b. prior censorship and subsequent remedies;
c. no prior restraint and subsequent punishment;
d. no prior restraint and no subsequent punishment.
The free exercise and non-establishment clauses pertain to
which right under the Bill of Rights:
a. liberty of movement;
b. liberty of abode;
c. religion;
d. life and liberty.
The Gangnam Styles Witnesses (whose tenets are
derogatory to the Catholic Church), applied for a permit to
use the public plaza and kiosk to hold their religious
meeting on the occasion of their founding anniversary.
Mayor Lebron allowed them to use the northwestern part
of the plaza but not the kiosk (which is a few meters away
from the Catholic church). Members of the Gangnam Style

41.

42.

43.

44.

45.

46.

47.

Witnesses claim that the act of Mayor Lebron is a violation

of their freedom of assembly and religion. Is this correct?
a. No, because this is valid exercise of police power;
b. Yes, because the plaza being of public use can be
used by anybody regardless of religious belief;
c. No, because historical experience shows that
peace and order may be disturbed whenever two
opposing religious groups or beliefs expound their
dogmas;
d. Yes, because there is no clear and present danger
in holding a religious meeting by another religious
group near a catholic church.
Which one is NOT a recognized 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.
Which one of the following circumstances is NOT 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.
Market value for purposes of determining just
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.
Under Article III, Section 12 of the Constitution, 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.
All persons charged shall, before conviction, be bailable by
sufficient sureties, except 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.
Criminal trial may proceed, notwithstanding the absence of
the accused provided that he has been duly notified, and
his failure to appear is unjustifiable, after:
a. preliminary investigation;
b. arraignment;
c. sentencing;
d. prosecution has rested its case.
The requisites of a valid trial in absentia exclude:

a.
b.

48.

49.

50.

51.

52.

53.

Wherein his/her failure to appear is unjustifiable;

Wherein he/she allows himself/herself to be
identified by the witness in his/her absence,
without further unqualified admitting that every
time a witness mentions a name by which he/she
is known, it shall be understood to refer to
him/her;
c. Wherein he/she has been duly notified of the trial;
d. Wherein the accused has already been arraigned.
The privilege of the writ of habeas corpus shall not be
suspended except in cases of:
a. imminent danger of invasion or rebellion when
the public safety requires it;
b. grave danger of invasion or rebellion when the
public safety requires it;
c. clear and present danger of invasion or rebellion
when the public safety requires it;
d. invasion or rebellion when the public safety
requires it.
The right of the accused against self-incrimination will be
violated if:
a. he is charged with violation of the Anti-Money
Laundering Act and he was required to produce
his bank passbook;
b. he is a public officer charged with amassing illgotten wealth and his statement of assets and
liabilities will be presented as evidence;
c. his gun was subjected 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.
The death penalty shall not be imposed:
a. unless for compelling reasons involving death
penalty crimes and the executive 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 Congress hereafter provides for it;
d. unless for compelling reasons involving heinous
crimes and the Supreme Court hereafter upholds
it.
An ex 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 noncriminal after it was committed.
A bill of attainder is:
a. an executive act which inflicts punishment
without tender;
b. a judicial act which inflicts punishment without
tender;
c. a legislative act which inflicts punishment without
trial;
d. a legislative act which pardons punishment after
tender.
Which one of the following is NOT an independent
Constitutional Commission under Article IX, Section 1 of
the Constitution:
a. Commission on Elections;

54.

55.

56.

57.

58.

59.

60.

61.

62.

63.

b. Commission on Human Rights;

c. Civil Service Commission;
d. Commission on Audit.
The independent Constitutional Commissions enjoy:
a. decisional autonomy;
b. organizational autonomy;
c. fiscal autonomy;
d. quasi-judicial autonomy.
The Civil Service shall be administered by the Civil
Service Commission composed of a:
a. Chairman and a Commissioner;
b. Chairman and two (2) Commissioners;
c. Chairman and three (3) Commissioners;
d. Chairman and four (4) Commissioners.
In Oposa vs. Factoran, Jr., G.R. No. 101083, July 30, 1993,
the Supreme Court 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.
In a unitary system of government, such as the government
under the Philippine Constitutor, local government can
only be:
a. an imperuim in imperio;
b. an infa-sovereign subdivision;
c. a sovereign nation;
d. a sovereign entity.
Which one is NOT among the Constitutionally mandated
grounds for impeachment of impeachable officials:
a. culpable violation of the Constitution;
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.
Which is NOT an impeachable public officer:
a. a justice of the Supreme Court;
b. a commissioner of the Comelec;
c. the administrator of the Supreme Court;
d. the Ombudsman.
Which has the exclusive power to initiate all cases of
impeachment:
a. the Senate;
b. the House of Representatives;
c. the Senate President;
d. the Speaker of the House of Representatives.
At least one-third of all the members of the House of
Representatives 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 President cannot grant pardon in cases of
impeachment. He may however exercise such power when:
a. A person convicted in an impeachment
proceeding is subject 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 Supreme
Court;
d. None of the above.
A public officer impeached and removed from office shall:

a.

64.

65.

66.

67.

68.

69.

70.

71.

72.

nevertheless be immure from prosecution, trial

and punishment according to law;
b. nevertheless be liable and subject to prosecution,
trial and punishment under the Anti-Graft and
Corrupt Practices Act;
c. nevertheless be liable and subject to prosecution,
trial and punishment according to law;
d. nevertheless be liable and subject to prosecution,
trial and punishment only for criminal acts under
the law.
The Ombudsman and his deputies are appointed by the
President from a list prepared by:
a. the Integrated Bar of the Philippines;
b. the Commission on Appointments;
c. the Judicial and Bar Council;
d. the Supreme Court.
SALN means:
a. Summary of assets, liabilities and net worth;
b. Statement of assets in banks, liabilities and net
worth;
c. Statement of assets, liabilities and net worth;
d. Statement of personal assets, liabilities and net
worth.
The independent economic planning agency of the
Government as provided for by the Constitution is the:
a. National Privatization Office;
b. National Productivity Commission;
c. National Economic Development Authority;
d. National Economic Council.
The Independent Central Monetary Authority of the
Government is the:
a. Bankers Association of the Philippines;
b. Philippine Mission of the International Monetary
Fund;
c. Central Bank of the Philippines;
d. World Bank, Philippine Affiliate.
The President may contract or guarantee foreign loans on
behalf of the Republic of the Philippines only upon prior
concurrence of the:
a. House of Representatives;
b. Senate;
c. Central Bank;
d. Monetary Board.
Bona fide associations of citizens which demonstrate
capacity of promote the public interest and with
identifiable leadership, membership, and structure are:
a. independent party-list organizations;
b. independent sectoral organizations;
c. independent indigenous organizations;
d. independent peoples organizations.
The principal function of the Commission on Human
Rights is:
a. issue writs of injunction/ restraining orders;
b. investigatory;
c. quasi-judicial;
d. rule-making.
Optional religious instruction in public elementary and
high schools is allowed provided it be:
a. without additional overtime cost to Government;
b. without additional cost to Government;
c. without additional cost for religious books to
Government;
d. without additional power consumption costs to
Government.
Academic freedom shall be enjoyed:

73.

74.

75.

76.

77.

78.

79.

80.

81.

a. in all public institutions;

b. in all elementary and high schools;
c. in all schools;
d. in all institutions of higher learning.
Under Article 38(1) of the Statute of the International
Court of Justice, which one of the following is NOT
considered a source of international law:
a. international conventions;
b. international custom;
c. international humanitarian law;
d. general principles of law.
In international law, it is a norm which States cannot
derogate or deviate from their agreements:
a. terra nullius;
b. opinio juris;
c. jus cogens;
d. jus cogentus.
In international law, the status of an entity as a State is
accepted by other States through this act. It is the "act by
which another State acknowledges that the political entity
recognized possesses the attributes of statehood."
a. accession;
b. recognition;
c. acknowledgment;
d. attribution.
An act or process by which a State, in compliance with a
formal demand or request, surrenders to another State an
alleged offender or fugitive criminal who has sought refuge
in the territory of the first State, in order to stand trial or
complete his prison term:
a. extramediation;
b. exterrertioriality;
c. extradition;
d. extraterritoriality.
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.
Under the United Nations Conference of the Law of the
Sea (UNCLOS), the extent of the contiguous zone is:
a. 3 nautical miles from the lowest water mark;
b. 12 miles from the outer limits;
c. 12 miles from the lowest water mark;
d. 200 miles from the outer limits.
It is a line from which the breadth of the territorial sea and
other maritime zones is measured:
a. contiguous line;
b. economic line;
c. baseline;
d. archipelagic line.
It is a maritime zone adjacent to the territorial seas where
the coastal state may exercise certain protective
jurisdiction:
a. baseline zone;
b. contiguous zone;
c. transit zone;
d. appurtenant zone.
Butchoy installed a jumper cable. He was prosecuted under
a Makati ordinance penalizing such act. He moved for its
dismissal on the ground that the jumper cable was within
the territorial jurisdiction of Mandaluyong and not Makati.

82.

83.

84.

85.

86.

The case was dismissed. The City of Mandaluyong

thereafter filed a case against him for theft under the
Revised Penal Code (RCP). Is there double jeopardy?
a. No. The first jeopardy was terminated with his
express consent;
b. Yes. This is double jeopardy of the second kind
prosecution for the same act under an ordinance
and a law;
c. Yes. He is prosecuted for the same offense which
has already been dismissed by the City of Makati;
d. No. The second kind of double jeopardy under
Section 21, Article III only contemplates
conviction or acquittal which could terminate a
first jeopardy.
One of the cardinal primary due process rights in
administrative proceedings is that evidence must be
"substantial." "Substantial 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.
A statutory provision requiring the President or an
administrative agency to present the proposed
implementing rules and regulations of a law to Congress
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.
Which one of the enumeration below does not come under
the Administrative Code definition of a "rule":
a. agency statement of general applicability that
implements or interprets a law;
b. fixes and describes the procedures in or practice
requirements of, an agency;
c. includes memoranda and statements concerning
internal administration;
d. an agency process for the formulation of a final
order.
Under the Administrative Code, "adjudication" means:
a. whole or any part of any agency permit,
certificate, or other form of permission, or
regulation of the exercise 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.
The requirement of the Administrative Code on "public
participation" is that, if not otherwise required 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

87.

88.

89.

90.

91.

92.

93.

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.
Under the Administrative Code, in the fixing of rates, no
rules or final order shall be valid unless:
a. the proposed rates shall have been submitted to
the U.P. Law Center for publication at least two
weeks before the first hearing thereon;
b. the proposed rates shall have been published in
the Official Gazette 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.
In the judicial review of decisions of administrative
agencies, the Administrative Code requires 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.
In the judicial review of decisions of administrative
agencies, the Administrative Code requires that, except
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.
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 unjust
vexation.
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.
"Chilling effect" is a concept used in the area of
constitutional litigation affecting:
a. protected speech;
b. protected executive privilege;
c. protected legislative discretion;
d. protected judicial discretion.
In the law of libel and protected speech, a person who, by
his accomplishments, fame, or mode of living, or by

94.

95.

96.

97.

98.

99.

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.
Which 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.
Commercial speech is entitled to:
a. more
protection
compared
to
other
constitutionally guaranteed expression;
b. equal
protection
compared
to
other
constitutionally guaranteed expression;
c. lesser
protection
compared
to
other
constitutionally guaranteed expression;
d. none of the above.
No 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.
It is form of entrapment. The method is for an officer to
pose as a buyer. He, 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. Under
these circumstances:
a. there is a need for an administrative but not a
judicial warrant for seizure of goods and arrest of
the offender;
b. there is need for a warrant for the seizure of the
goods and for the arrest of the offender;
c. there is no need for a warrant either for the seizure
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 seizure of the goods.
Where a police officer observes unusual conduct which
leads him reasonably to conclude in light of his experience
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 inquiries, but
nothing serves to dispel his reasonable fear for his own or
others safety, he is entitled to conduct a carefully limited
search of the outer clothing of such persons for weapons.
Such 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. On the
day set for the trial, the trial court proceeded as follows:

"Court:
accused:

to

the Q: "Do you have an attorney or are you

going to plead guilty?"

c.

A: "I have no lawyer and i will plead

guilty."
Accused was then arraigned, pleaded guilty, was found
guilty and sentenced. On appeal, the Supreme Court
reversed. The accused was deprived of his:
a. right to cross-examination;
b. right to be presumed innocent;
c. right to counsel;
d. right to production of evidence.
100.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-examine the witness;
c. be informed of the witness;
d. be heard.

Enumerate the grounds for impeachment. Is graft and

corruption a ground for impeachment? (2%)

III.
Mr. Brown, a cigarette vendor, was invited by PO1 White to a
nearby police station. Upon arriving at the police station, Brown
was asked to stand side-by-side with five (5) other cigarette vendors
in a police line-up. PO1 White 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. No questions were to be asked from
the vendors.
a.

b.
- NOTHING FOLLOWS c.

SET B

Brown, 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. Is Brown entitled to counsel?
Explain (5%)
Would the answer in (a.) be the same if Brown was
specifically invited by White because an eyewitness to the
crime identified him as the perpetrator? Explain. (3%)
Briefly enumerate the so-called "Miranda Rights". (2%)

I.

IV.

Mr. Violet was convicted by the RTC of Estafa. On appeal, he filed

with the Court of Appeals a Motion to Fix Bail for Provisional
Liberty Pending Appeal. The Court of Appeals granted the motion
and set a bail amount in the sum of Five (5) Million Pesos, subject
to the conditions that he secure "a certification/guaranty from the
Mayor 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 judgment
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 Division Clerk of Court for safekeeping until the
court orders its return.

Mr. Yellow and Mr. Orange were the leading candidates in the vicepresidential elections. After elections, Yellow emerged as the winner
by a slim margin of 100,000 votes. Undaunted, Orange filed a
protest with the Presidential Electoral Tribunal (PET). After due
consideration of the facts and the issues, the PET ruled that Orange
was the real winner of the elections and ordered his immediate
proclamation.

a.
b.

Mr. Violet challenges the conditions imposed by the Court

of Appeals as violative of his liberty of abode and right to
travel. Decide with reasons. (5%)
Are "liberty of abode" and "the right to travel" absolute
rights?
Explain. What are the respective exception/s to each right
if any? (5%)

II.
A verified impeachment complaint was filed by two hundred (200)
Members of the House of Representatives against Madam Chief
Justice Blue. The complaint was immediately transmitted to the
Senate for trial.
a.

b.

Madam Chief Justice Blue challenges such immediate

transmittal to the Senate because the verified complaint 1)
not included in the order of business of the House, 2) was
not referred to the House Committee on Justice for hearing
and consideration for sufficiency in form and substance,
and 3) was not submitted to the House Plenary for
consideration as enumerated in Paragraph (2), Section 3,
Article XI of the 1987 Constitution. Decide with reasons.
(5%)
What is the purpose of Impeachment? Does conviction
prevent further prosecution and punishment? Explain. (3%)

a.

b.

c.
d.

Aggrieved, Yellow filed with the Supreme Court a Petition

for Certiorari challenging the decision of the PET alleging
grave abuse of discretion. Does the Supreme Court have
jurisdiction? Explain. (3%)
Would the answer in (a.) be the same if Yellow and Orange
were contending for a senatorial slot and it was the Senate
Electoral Tribunal (SET) who issued the challenged ruling?
(3%)
What is the composition of the PET? (2%)
What is judicial power? Explain Briefly. (2%)

V.
Judge Red is the Executive Judge of Green City. Red is known to
have corrupt tendencies and has a reputation widely known among
practicing lawyers for accepting bribes. Ombudsman Grey, wishing
to "clean up" the government from errant public officials, initiated
an investigation on the alleged irregularities in the performance of
duties of Judge Red.
a.

b.

Judge Red refused to recognize the authority of the Office

of the Ombudsman over him because according to him,
any administrative action against him or any court official
or employee falls under the exclusive jurisdiction of the
Supreme Court. Decide with reasons. (5%)
Does the Ombudsman have authority to conduct
investigation over crimes or offenses committed by public
officials that are NOT in connection or related at all to the
officials discharge of his duties and functions? Explain.
(3%)

c.

Who are required by the Constitution to submit a

declaration under oath of his assets, liabilities, and net
worth? (2%)

b.

What is the doctrine of "void for vagueness"? In what

context can it be correctly applied? Not correctly applied?
Explain (5%)

VI.

IX.

President Black of the Republic of Pasensya (RP) had a telephone

conversation with President Blue of the Peoples Republic of
Conquerors (PRC). In 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 Kalmado Shoal area
within eight (8) days in order to de-escalate the situation. After eight
days, all RP ships and vessels have left the area. However, several
military and civilian ships carrying the PRC flag remained in the
area and began construction of a dock that could provide fuel and
other supplies to vessels passing by.

In a protest rally' along Padre Faura Street, Manila, Pedrong Pula

took up the stage and began shouting "kayong mga kurakot kayo!
Magsi-resign na kayo! Kung hindi, manggugulo kami dito!" ("you
corrupt officials, you better resign now, or else we will cause trouble
here!") simultaneously, he brought out a rock the size of a fist and
pretended to hurl it at the flagpole area of a government building.
He did not actually throw the rock.

a.

b.
c.

d.

Assuming that President Black and President Blue 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
existence of the conversation, is the verbal agreement via
telephone binding under international law? Explain. (5%)
Assuming the answer to (a.) is in affirmative, does that
agreement constitute a Treaty under the 1969 Vienna
Convention on the Law on Treaties? (2%)
What are the sources of International Law? (2%)
What is opinio juris in International Law? (1%)

a.

b.
c.

Police officers who were monitoring the situation

immediately approached Pedrong Pula and arrested him.
He was prosecuted for seditious speech and was convicted.
On appeal, Pedrong Pula argued he was merely exercising
his freedom of speech and freedom of expression
guaranteed by the Bill of Rights. Decide with reasons.
(5%)
What is "commercial speech"? Is it entitled to
constitutional protection? What must be shown in order for
government to curtail "commercial speech"? Explain. (3%)
What are the two (2) basic prohibitions of the freedom of
speech and of the press clause? Explain. (2%)

X. What do you understand by the term "heirarchy of civil

liberties"? Explain. (5%)

VII.
a.
Mayor Pink is eyeing re-election in the next mayoralty race. It was
common knowledge in the town that Mayor Pink will run for reelection in the coming elections. The deadline for filing of
Certificate of Candidacy (CoC) is on March 23 and the campaign
period commences the following day. One month before the
deadline, Pink has yet to file her CoC, but she has been going
around town giving away sacks of rice with the words "Mahal Tayo
ni Mayor Pink" printed on them, holding public gatherings and
speaking about how good the town is doing, giving away pink tshirts with "Kay Mayor Pink Ako" printed on them.
a.

Mr. Green is the political opponent of Mayor Pink. In

April, noticing that Mayor Pink had gained advantage over
him because of her activities before the campaign period,
he filed a petition to disqualify Mayor Pink for engaging in
an election campaign outside the designated period.
a.1. Which is the correct body to rule on the matter?
Comelec en banc, or Comelec division? Answer with
reasons. (2%)
a.2. Rule on the petition. (5%)

b.

Distinguish briefly between Quo Warranto in elective

office and Quo Warranto in appointive office. (3%)

2011 POLITICAL LAW BAR EXAM QUESTIONS

Bar
Examination
Set A

Questionnaire

for

Political

Law

(1) Filipino citizenship may be acquired through judicial

naturalization only by an alien
(A) born, raised, and educated in the Philippines who has
all the qualifications and none of the disqualifications to
become a Filipino citizen.
(B) who has all the qualifications and none of the
disqualifications to become a Filipino citizen.
(C) born and raised in the Philippines who has all the
qualifications and none of the disqualifications to become a
Filipino citizen.
(D) whose mother or father is a naturalized Filipino and
who himself is qualified to be naturalized.

VIII.
a.

b.

Distinguish fully between the "free exercise of religion

clause" and the "non-establishment of religion clause".
(3%)
When can evidence "in plain view" be seized without need
of a search warrant? Explain. (2%)
NOTHING FOLLOWS -

What is the doctrine of "overbreath"? In what context can

it be correctly applied? Not correctly applied? Explain
(5%)

(2) Jax Liner applied for a public utility bus service from Bacolod to
Dumaguete from the Land Transportation Franchising and
Regulatory Board (LTFRB). BB Express opposed. LTFRB ruled in

favor of Jax. BB appealed to the Secretary of the Department of

Transportation and Communication (DOTC), who reversed the
LTFRB decision. Jax appealed to the Office of the President which
reinstated the LTFRBs ruling. BB Express went to the Court of
Appeals on certiorari questioning the decision of the Office of the
President on the ground that Office of the President has no
jurisdiction over the case in the absence of any law providing an
appeal from DOTC to the Office of the President. Will the petition
prosper?
(A) No, exhaustion of administrative remedies up to the
level of the President is a pre-requisite to judicial recourse.
(B) No, the action of the DOTC Secretary bears only the
implied approval of the President who is not precluded
from reviewing the decision of the former.
(C) Yes, when there is no law providing an appeal to the
Office of the President, no such appeal may be pursued.
(D) Yes, the doctrine of qualified political agency renders
unnecessary a further appeal to the Office of the President.
(3) Where A is set for promotion to Administrative Assistant III and
B to the post of Administrative Assistant II vacated by A, the
appointing authority must

(A) Yes, the reduction of the penalty means restoration of

his right to back salaries.
(B) No, the penalty of one month suspension carries with it
the forfeiture of back salaries.
(C) No, he is still guilty of grave misconduct, only the
penalty was reduced.
(D) Yes, corresponding to the period of his suspension
pending appeal less one month.
(6) Althea, a Filipino citizen, bought a lot in the Philippines in 1975.
Her predecessors-in-interest have been in open, continuous,
exclusive and notorious possession of the lot since 1940, in the
concept of owner. In 1988, Althea became a naturalized Australian
citizen. Is she qualified to apply for registration of the lot in her
name?
(A) Yes, provided she acquires back her Filipino
citizenship.
(B) No, except when it can be proved that Australia has a
counterpart domestic law that also favors former Filipino
citizens residing there.

(A) submit to the CSC the two promotional appointments

together for approval.

(C) Yes, 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.

(B) not appoint B until the CSC has approved As

appointment.

(D) No, foreigners are not allowed to own lands in the

Philippines.

(C) submit to the Civil Service Commission (CSC) the

second appointment after its approval of the first.

(7) The privacy of communication and correspondence shall be

inviolable except upon lawful order of the court or when

(D) simultaneously issue the appointments of A and B.

(4) When a witness is granted transactional immunity in exchange
for his testimony on how his immediate superior induced him to
destroy public records to cover up the latter's act of malversation of
public funds, the witness may NOT be prosecuted for
(A) direct contempt.
(B) infidelity in the custody of public records.

(A) public safety or public health requires otherwise as

prescribed by law.
(B) dictated by the need to maintain public peace and
order.
(C) public safety or order requires otherwise as prescribed
by law.
(D) public safety or order requires otherwise as determined
by the President.

(C) falsification of public documents.

(8) One advantage of a written Constitution is its
(D) false testimony.
(A) reliability.
(5) Mario, a Bureau of Customs examiner, 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 executed
pending appeal. The Civil Service Commission (CSC) subsequently
found him guilty and after considering a number of mitigating
circumstances, reduced his penalty to only one month suspension. Is
Mario entitled to back salaries?

(B) permanence.
(C) flexibility.
(D) expediency.
(9) An appointment held at the pleasure of the appointing power
(A) essentially temporary in nature.

(B) requires special qualifications of the appointee.

(A) No, only Congress can exercise the power to amend

the Constitution.

(C) requires justifiable reason for its termination.

(D) is co-extensive with the term of the public officer who
appointed him.

(B) Yes, the people can substantially amend the

Constitution by direct action.
(C) Yes, provided Congress concurs in the amendment.

(10) The city government filed a complaint for expropriation of 10

lots to build a recreational complex for the members of the
homeowners' association of Sitio Sto. Tomas, the most populated
residential compound in the city. The lot owners challenged the
purpose of the expropriation. Does the expropriation have a valid
purpose?
(A) No, because not everybody uses a recreational
complex.
(B) No, because it intends to benefit a private organization.
(C) Yes, it is in accord with the general welfare clause.
(D) Yes, it serves the well-being of the local residents.
(11) An example of a content based restraint on free speech is a
regulation prescribing
(A) maximum
demonstrations.

tolerance

of

pro-government

(B) a no rally-no permit policy.

(C) when, where, and how lawful assemblies are to be
conducted.
(D) calibrated response to rallies that have become violent.

(D) No, since they seek, not an amendment, but a revision.

(14) The Comelec en banc cannot hear and decide a case at first
instance EXCEPT when
(A) a Division refers the case to it for direct action.
(B) the case involves a purely administrative matter.
(C) the inhibition of all the members of a Division is
sought.
(D) a related case is pending before the Supreme Court en
banc.
(15) Each of the Constitutional Commissions is expressly described
as "independent," exemplified by its
(A) immunity from suit.
(B) fiscal autonomy.
(C) finality of action.
(D) collegiality.
(16) There is double jeopardy when the dismissal of the first case is

(12) The President forged an executive agreement with Vietnam for

a year supply of animal feeds to the Philippines not to exceed
40,000 tons. The Association of Animal Feed Sellers of the
Philippines questioned the executive agreement for being contrary
to R.A. 462 which prohibits the importation of animal feeds from
Asian countries. Is the challenge correct?

(A) made at the instance of the accused invoking his right

to fair trial.

(A) Yes, the executive agreement is contrary to our existing

domestic law.

(C) made provisionally without objection from the

accused.

(B) No, the President is the sole organ of the government

in external relations and all his actions as such form part of
the law of the land.

(D) based on the objection of the accused to the

prosecution's motion to postpone trial.

(C) No, international agreements are sui generis which

must stand independently of our domestic laws.
(D) Yes, the executive agreement is actually a treaty which
does not take effect without ratification by the Senate.
(13) Jose Cruz and 20 others filed a petition with the COMELEC to
hold a plebiscite on their petition for initiative to amend the
Constitution by shifting to a unicameral parliamentary form of
government. Assuming that the petition has been signed by the
required number of registered voters, will it prosper?

(B) made upon motion of the accused without objection

from the prosecution.

(17) The new Commissioner of Immigration, Mr. Suarez, issued an

Office Order directing the top immigration officials to tender
courtesy resignation to give him a free hand in reorganizing the
agency. In compliance, Director Sison of the Administrative
Department tendered his resignation in writing which Mr. Suarez
immediately accepted. Director Sison went to court, assailing the
validity of his courtesy resignation and Mr. Suarezs acceptance of
the same. Will the action prosper?
(A) No, Director Sison tendered his resignation and it was
accepted.

(B) No, estoppel precludes Director Sison

disclaiming the resignation he freely tendered.

from

(D) No, a retired Judge is not a competent and independent

counsel.

(C) Yes,for so long as no one has yet been appointed to

replace him, Director Sison may still withdraw his
resignation.

(21) Governor Paloma was administratively charged with abuse of

authority before the Office of the President. Pending hearing, he ran
for reelection and won a second term. He then moved to dismiss the
charge against him based on this supervening event. Should the
motion be granted?

(D) Yes, Director Sison merely complied with the order of

the head of office; the element of clear intention to
relinguish office is lacking.
(18) An administrative rule that fixes rates is valid only when the
proposed rates are

(A) Yes, Governor Paloma's reelection is an expression of

the electorate's obedience to his will.
(B) No, Governor Paloma's reelection cannot extinguish
his liability for malfeasance in office.

(A) published and filed with the UP Law Center.

(B) published and hearings are conducted.
(C) published and posted in three public places.
(D) published and all stakeholders are personally notified.
(19) The government sought to expropriate a parcel of land
belonging to Y. The law provides that, to get immediate possession
of the land, the government must deposit the equivalent of the land's
zonal value. The government insisted, however, that what apply are
the rules of court which require an initial deposit only of the
assessed value of the property. Which should prevail on this matter,
the law or the rules of court?

(C) No, Governor Paloma's reelection does not render

moot the administrative case already pending when he filed
his certificate of candidacy for his reelection bid.
(D) Yes, Governor Paloma's reelection is an expression of
the electorate's restored trust.
(22) The decision of the Regional Trial Court on appeals pertaining
to inclusions or exclusions from the list of voters
(A) is inappealable.
(B) is subject to an action for annulment.
(C) may be brought straight to the Supreme Court.

(A) Both law and rules apply because just compensation

should be fixed based on its zonal or assessed value,
whichever is higher.
(B) Both law and rules apply because just compensation
should be fixed based on its zonal or assessed value,
whichever is lower.
(C) The law should prevail since the right to just
compensation is a substantive right that Congress has the
power to define.
(D) The rules of court should prevail since just
compensation is a procedural matter subject to the rule
making power of the Supreme Court.
(20) After X, 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. He made his waiver in
the presence of a retired Judge who was assigned to assist and
explain to him the consequences of such waiver. Is the waiver valid?
(A) No, the waiver was not reduced in writing.
(B) Yes, the mere fact that the lawyer was a retired judge
does not cast doubt on his competence and independence.
(C) Yes, the waiver was made voluntarily, expressly, and
with assistance of counsel.

(D) is appealable to the Commission on Elections.

(23) The equal protection clause allows valid classification of
subjects that applies
(A) only to present conditions.
(B) so long as it remains relevant to the government.
(C) for a limited period only.
(D) for as long as the problem to be corrected exists.
(24) The President wants to appoint A to the vacant post of
Associate Justice of the Supreme Court because of his
qualifications, competence, honesty, and efficiency. But As name is
not on the list of nominees that the Judicial and Bar Council (JBC)
submitted to the President. What should the President do?
(A) Request the JBC to consider adding A to the list.
(B) Decline to appoint from the list.
(C) Appoint from the list.
(D) Return the list to JBC.
(25) Courts may still decide cases that have otherwise become
academic when they involve

(A) the basic interest of people.

(B) petitions for habeas corpus.
(C) acts of the Chief Executive.
(D) Presidential election protests.
(26) The right of the State to prosecute crimes by available evidence
must yield to the right of
(A) the accused against self-incrimination.
(B) another State to extradite a fugitive from justice.
(C) the State to deport undesirable aliens.
(D) the complainant to drop the case against the accused.
(27) A temporary appointee to a public office who becomes a civil
service eligible during his tenure
(A) loses his temporary appointment without prejudice to
his re-appointment as permanent.
(B) has the right to demand conversion of his appointment
to permanent.
(C) automatically becomes a permanent appointee.

(B) No, he must, in choosing whether to prosecute an

action, exercise his discretion according to law and the best
interest of the State.
(C) Yes, as in any lawyer-client relationship, he has the
right to choose whom to serve and represent.
(D) No, the Solicitor General's duty to represent the
government, its offices and officers is mandatory and
absolute.
(30) A department secretary may, with the President's consent,
initiate his appearance before the Senate or the House of
Representatives which
(A) must seek the concurrence of the other House before
acting.
(B) must hold an executive session to hear the department
secretary.
(C) may altogether reject the initiative.
(D) must accept such initiated appearance.
(31) The Metro Manila Development Authority (MMDA) passed a
rule authorizing traffic enforcers to impound illegally parked
vehicles, for the first offense, and confiscate their registration plates
for the second. The MMDA issued this rule to implement a law that
authorized it to suspend the licenses of drivers who violate traffic
rules. Is the MMDA rule valid?

(D) retains his temporary appointment.

(28) Upon endorsement from the Senate where it was first
mistakenly filed, the House of Representatives Committee on
Justice found the verified complaint for impeachment against the
President sufficient in form but insufficient in substance. Within the
same year, another impeachment suit was filed against the President
who questioned the same for being violative of the Constitution. Is
the President correct?
(A) No, "initiated" means the Articles of Impeachment
have been actually filed with the Senate for trial; this did
not yet happen.
(B) No, the first complaint was not deemed initiated
because it was originally filed with the Senate.
(C) Yes, the dismissal of the first impeachment proceeding
bars the initiation of another during the same term of the
President.
(D) Yes, no impeachment proceeding can be filed against
the President more than once within a year.
(29) The Solicitor General declines to institute a civil action on
behalf of a government agency due to his strained relation with its
head, insisting that the agencys lawyers can file the action. Is the
Solicitor General correct?
(A) Yes, when he deems he cannot harmoniously and
effectively work with the requesting agency.

(A) No, since the MMDA does not have rule-making

power.
(B) Yes, it is a valid exercise of the power of subordinate
legislation.
(C) Yes, it is an implicit consequence of the law upon
which it acted.
(D) No, the rule goes beyond the sphere of the law.
(32) Senator Bondoc was charged with murder and detained at the
Quezon City Jail. He invoked, in seeking leave from the court to
attend the session of the Senate, his immunity from arrest as a
Senator. How should the court rule on his motion?
(A) Deny the motion unless the Senate issues a resolution
certifying to the urgency of his attendance at its sessions.
(B) Grant the motion provided he posts bail since he is not
a flight risk.
(C) Grant the motion so as not to deprive the people who
elected him their right to be represented in the Senate.
(D) Deny the motion since immunity from arrest does not
apply to a charge of murder.

(33) X, an administrative officer in the Department of Justice, was

charged with grave misconduct and preventively suspended for 90
days pending investigation. Based on the evidence, the Secretary of
Justice found X guilty as charged and dismissed him from the
service. Pending appeal, X's dismissal was executed. Subsequently,
the Civil Service Commission (CSC) reversed the Secretarys
decision and the reversal became final and executory. What is the
effect of X's exoneration?
(A) X is entitled to reinstatement and back salaries both
during his 90 day preventive suspension and his suspension
pending appeal.
(B) X is entitled to reinstatement and back salaries
corresponding only to the period of delay caused by those
prosecuting the case against him.
(C) X is entitled to reinstatement but not to back salaries
on ground of "damnum absque injuria."
(D) X is entitled to reinstatement and back salaries during
his suspension pending appeal.
(34) Courts may dismiss a case on ground of mootness when
(A) the case is premature.
(B) petitioner lacks legal standing.
(C) the questioned law has been repealed.
(D) the issue of validity of law was not timely raised.
(35) Alfredo was elected municipal mayor for 3 consecutive terms.
During his third term, the municipality became a city. Alfredo ran
for city mayor during the next immediately succeeding election.
Voltaire sought his disqualification citing the 3 term limit for
elective officials. Will Voltaire's action prosper?
(A) No, the 3 term limit should not apply to a person who
is running for a new position title.
(B) Yes, the 3 term limit applies regardless of any
voluntary or involuntary interruption in the service of the
local elective official.

(C) The police became suspicious when they saw a car

believed to be of the same model used by the killers of a
city mayor.
(D) The driver sped away in his car when the police
flagged him down at a checkpoint.
(37) Pre-proclamation controversies shall be heard
(A) summarily without need of trial.
(B) through trial by commissioner.
(C) ex parte.
(D) through speedy arbitration.
(38) When the President orders the Chief of the Philippine National
Police to suspend the issuance of permits to carry firearms outside
the residence, the President exercises
(A) the power of control.
(B) the Commander-in-Chief power.
(C) the power of supervision.
(D) the calling out power.
(39) Carlos, a foreign national was charged with and convicted of a
serious crime in State X and sentenced to life imprisonment. His
country applied for relief with the International Court of Justice
(ICJ), arguing that State X did not inform Carlos of his right under
Article 36 of the Vienna Convention to be accorded legal assistance
by his government. State X, as signatory to the Vienna Convention,
agreed to ICJ's compulsory jurisdiction over all disputes regarding
the interpretation or application of the Vienna Convention. ICJ ruled
that State X violated its obligation to provide consular notification
to the foreign national's country. ICJ also required State X to review
and reconsider the life sentence imposed on the foreign national.
State X then wrote the United Nations informing that it was
withdrawing from the Optional Protocol on Vienna Convention and
was not bound by the ICJ decision. What principle of international
law did State X violate?
(A) Pacta Sunt Servanda

(C) Yes, the 3 term limit uniformly applies to the office of

mayor, whether for city or municipality.
(D) No, the 3 term limit should not apply to a local
government unit that has assumed a different corporate
existence.
(36) In what scenario is an extensive search of moving vehicles
without warrant valid?
(A) The police became suspicious on seeing something on
the cars back seat covered with blanket.
(B) The police suspected an unfenced lot covered by rocks
and bushes was planted to marijuana.

(B) Act of State Doctrine

(C) Protective Principle
(D) Jus Cogens
(40) An informer told the police that a Toyota Car with plate ABC
134 would deliver an unspecified quantity of ecstacy in Forbes
Park, Makati City. The officers whom the police sent to watch the
Forbes Park gates saw the described car and flagged it down. When
the driver stopped and lowered his window, an officer saw a gun
tucked on the driver's waist. The officer asked the driver to step out
and he did. When an officer looked inside the car, he saw many

tablets strewn on the driver's seat. The driver admitted they were
ecstacy. Is the search valid?
(A) No, the rule on warrantless search of moving vehicle
does not allow arbitrariness on the part of the police.
(B) Yes, the police officers had the duty to verify the truth
of the information they got and pursue it to the end.
(C) Yes, the police acted based on reliable information and
the fact that an officer saw the driver carrying a gun.
(D) No, police officers do not have unbridled discretion to
conduct a warrantless search of moving vehicles.
(41) The Commission on Elections is an independent body tasked to
enforce all laws relative to the conduct of elections. Hence, it may
(A) conduct two kinds of electoral count: a slow but
official count; and a quick but unofficial count.

(44) The School Principal of Ramon Magsaysay High School

designated Maria, her daughter, as public school teacher in her
school. The designation was assailed on ground of nepotism. Is such
designation valid?
(A) No, because the law prohibits relatives from working
within the same government unit.
(B) Yes, because Marias position does not fall within the
prohibition.
(C) No, because her mother is not the designating
authority.
(D) No, because Maria is related to the supervising
authority within the prohibited degree of consanguinity.
(45) The President's appointment of an acting secretary although
Congress is in session is
(A) voidable.

(B) make an advance and unofficial canvass of election

returns through electronic transmission.
(C) undertake a separate and unofficial tabulation of the
results of the election manually.

(B) valid.
(C) invalid.
(D) unenforceable.

(D) authorize the citizens arm to use election returns for

unofficial count.
(42)The President may proclaim martial law over a particular
province subject to revocation or extension
(A) by Congress,subject to ratification by the Supreme
Court.

(46) Congress passed a bill appropriating P50 million in assistance

to locally based television stations subject to the condition that the
amount would be available only in places where commercial
national television stations do not operate. The President approved
the appropriation but vetoed the condition. Was the veto valid?
(A) Yes, since the vetoed condition may be separated from
the item.

(B) by the Supreme Court.

(B) Yes, the President's veto power is absolute.
(C) by Congress alone
(D) by Congress, upon recommendation of the respective
Sangguniang Panlalawigan.
(43) During his incumbency, President Carlos shot to death one of
his advisers during a heated argument over a game of golf that they
were playing. The deceased advisers family filed a case of
homicide against President Carlos before the city prosecutors
office. He moved to dismiss the case, invoking presidential
immunity from suit. Should the case be dismissed?

(C) No, since the veto amounted to a suppression of the

freedom to communicate through television.
(D) No, since the approval of the item carried with it the
approval of the condition attached to it.
(47) In the exercise of its power of legislative inquiries and
oversight functions, the House of Representatives or the Senate may
only ask questions
(A) that the official called is willing to answer.

(A) Yes, his immunity covers his interactions with his

official family, including the deceased adviser.

(B) that are relevant to the proposed legislation.

(B) No, his immunity covers only work-related crimes.

(C) to which the witness gave his prior consent.

(C) Yes, his immunity holds for the whole duration of his
tenure.

(D) material to the subject of inquiry.

(D) No, his immunity does not cover crimes involving

moral turpitude.

(48) 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." Is the ordinance valid?
(A) No, it leaves the public uncertain as to what conduct it
prohibits.
(B) No, since it discriminates between loitering in public
places and loitering in private places.
(C) Yes, it provides fair warning to gang members prior to
arrest regarding their unlawful conduct.
(D) Yes, it is sufficiently clear for the public to know what
acts it prohibits.
(49) The people may approve or reject a proposal to allow foreign
investors to own lands in the Philippines through an electoral
process called
(A) referendum.

(B) invalid for being ultra vires.

(C) a valid exercise of police power.
(D) invalid for being discriminatory.
(53) Small-scale utilization of natural resources by Filipino citizens
may be allowed by
(A) Congress.
(B) either the Senate or the House of Representatives.
(C) the President.
(D) the President with the consent of Congress.
(54) When the Civil Service Commission (CSC) approves the
appointment of the Executive Director of the Land Transportation
Franchising and Regulatory Board who possesses all the prescribed
qualifications, the CSC performs

(B) plebiscite.

(A) a discretionary duty.

(C) initiative.

(B) a mix discretionary and ministerial duty.

(D) certification.

(C) a ministerial duty.

(50) Where a candidate for the Senate 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.
(B) will subject him to a quo warranto action.
(C) remains valid.

(D) a rule-making duty.

(55) Xian and Yani ran for Congressman in the same district. During
the canvassing, Yani objected to several returns which he said were
tampered with. The board of canvassers did not entertain Yani's
objections for lack of authority to do so. Yani questions the law
prohibiting the filing of pre-proclamation cases involving the
election of Congressmen since the Constitution grants COMELEC
jurisdiction over all pre-proclamation cases, without distinction. Is
Yani correct?

(D) may be denied due course.

(51) A candidate who commits vote buying on Election Day itself
shall be prosecuted by the
(A) COMELEC.
(B) Secretary of Justice.
(C) police and other law enforcement agencies.
(D) City or Provincial Prosecutor.
(52) A law authorized the Secretary of Agriculture to require the
quarantine of animals that suffer from dangerous communicable
diseases at such place and for such time he deems necessary to
prevent their spread. The Secretary of Agriculture issued a
regulation, imposing a penalty of imprisonment for 10 days on
persons transporting quarantined animals without his permission.
The regulation is
(A) a valid exercise of the power of subordinate legislation.

(A) Yes, the Constitution grants jurisdiction to COMELEC

on all pre-proclamation cases, without exception.
(B) No, COMELECs jurisdiction over pre-proclamation
cases pertains only to elections for regional, provincial, and
city officials.
(C) No, COMELECs jurisdiction over pre-proclamation
cases does not include those that must be brought directly
to the courts.
(D) Yes, any conflict between the law and the Constitution
relative to COMELEC's jurisdiction must be resolved in
favor of the Constitution.
(56) When the Supreme Court nullified the decisions of the military
tribunal for lack of jurisdiction, it excluded from their coverage
decisions of acquittal where the defendants were deemed to have
acquired a vested right. In so doing, the Supreme Court applied
(A) the operative fact doctrine.

(B) the rule against double jeopardy.

(60) The COMELEC en banc shall decide a motion for

reconsideration of

(C) the doctrine of supervening event.

(D) the orthodox doctrine.
(57) Accused X pleaded not guilty to the charge of homicide against
him. Since he was admitted to bail, they sent him notices to attend
the hearings of his case. But he did not show up, despite notice, in
four successive hearings without offering any justification. 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. Is the court correct?
(A) No, the court is mandated to hold trial in absentia when
the accused had been arraigned, had notice, and his
absence was unjustified.
(B) Yes, 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 justify his absence.
(C) Yes, it is within the court's discretion to determine how
many postponements it will grant the accused before trying
him in absentia.
(D) No, the court may reject trial in absentia only on
grounds of fraud, accident, mistake, or excusable
negligence.
(58) Following COMELEC Chairman Bocay's conviction for acts of
corruption in the impeachment proceedings, he was indicted for
plunder before the Sandiganbayan and found guilty, as charged. Can
he get Presidential pardon on the plunder case?
(A) No, plunder is not a pardonable offense.
(B) No, conviction in a criminal case for the same acts
charged in the impeachment proceedings is not pardonable.
(C) Yes, convictions in two different fora for the same acts,
are too harsh that they are not beyond the reach of the
Presidents pardoning power.
(D) Yes, conviction in court in a criminal action is subject
to the President's pardoning power.
(59) 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.
(B) a public officer.
(C) a private warehouseman.
(D) an agent of the party to whom the property will
ultimately be awarded.

(A) the House or Representatives and the Senate electoral

tribunals.
(B) the decision of the election registrar.
(C) the decision of the COMELEC division involving an
election protest.
(D) its own decision involving an election protest.
(61) Adela served as Mayor of Kasim for 2 consecutive terms. On
her third term, COMELEC ousted her in an election protest that
Gudi, her opponent, filed against her. Two years later, Gudi faced
recall proceedings and Adela ran in the recall election against him.
Adela won and served as Mayor for Gudi's remaining term. Can
Adela run again for Mayor in the next succeeding election without
violating the 3 term limit?
(A) No, she won the regular mayoralty election for two
consecutive terms and the recall election constitutes her
third term.
(B) A. No, she already won the mayoralty election for 3
consecutive terms.
(C) Yes, her ouster from office in her third term interrupted
the continuity of her service as mayor.
(D) Yes, the fresh mandate given her during the recall
election erased her disqualification for a third term.
(62) A child born in the United States to a Filipino mother and an
American father is
(A) a Filipino citizen by election.
(B) a repatriated Filipino citizen.
(C) a dual citizen.
(D) a natural born Filipino citizen.
(63) Involuntary servitude may be required as
(A) part of rehabilitation of one duly charged with a crime.
(B) substitute penalty for one who has been duly tried for a
crime.
(C) punishment for a crime where one has been duly
convicted.
(D) condition precedent to one's valid arraignment.
(64) Van sought to disqualify Manresa as congresswoman of the
third district of Manila on the ground that the latter is a greencard
holder. By the time the case was decided against Manresa, she had

already served her full term as congresswoman. What was

Manresa's status during her incumbency as congresswoman?

(C) Yes, vacancies in the Supreme Court should be filled

within 90 days from submission of JBC nominees to the
President.

(A) She was a de jure officer, having been duly elected.

(B) She was not a public officer because she had no valid
existing public office.
(C) She was a de jure officer since she completed her term
before she was disqualified.

(D) No, the incumbent President must yield to the choice

of the next President
(69) The President may set a limit on the country's import quota in
the exercise of his
(A) delegated power.

(D) She was a de facto officer since she was elected,

served, and her disqualification only came later.
(65) Whose appointment is NOT subject to confirmation by the
Commission on Appointments?

(B) concurring power.

(C) residual power.
(D) inherent power.

(A) Chairman of the Civil Service Commission

(B) Chief Justice of the Supreme Court
(C) Chief of Staff of the Armed Forces of the Philippines
(D) Executive Secretary
(66) The system of checks and balances operates when

(70) Amor sued for annulment of a deed of sale of Lot 1. While the
case was ongoing, Baltazar, an interested buyer, got a Certification
from Atty. Crispin, the Clerk of Court, that Lot 1 was not involved
in any pending case before the court. Acting on the certification, the
Register of Deeds canceled the notice of lis pendens annotated on
Lot 1s title. Amor filed a damage suit against Atty. Crispin but the
latter invoked good faith and immunity from suit for acts relating to
his official duty, claiming he was not yet the Clerk of Court when
Amor filed his action. Decide.

(A) the President nullifies a conviction in a criminal case

by pardoning the offender.

(A) Atty. Crispin is immune from suit since he enjoys the

presumption of regularity of performance of public duty.

(B) Congress increases the budget proposal of the

President.

(B) Atty. Crispin's defense is invalid since he issued his

certification recklessly without checking the facts.

(C) the President does not release the countryside

development funds to members of Congress.

(C) Atty. Crispin's defense is valid since he was unaware of

the pendency of the case.

(D) Congress expands the appellate jurisdiction of the

Supreme Court, as defined by the Constitution.

(D) As Clerk of Court, Atty. Crispin enjoys absolute

immunity from suit for acts relating to his work.

(67) The price of staple goods like rice may be regulated for the
protection of the consuming public through the exercise of

(71) The Housing and Land Use Regulatory Board (HLURB) found
Atlantic Homes, Inc. 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 Office of the President which rendered a
one page decision, affirming the attached HLURB judgment.
Atlantic challenges the validity of the decision of the Office of the
President for not stating the facts and the law on which it is based.
Is the challenge correct?

(A) power of subordinate legislation.

(B) emergency power.
(C) police power.
(D) residual power.
(68) Associate Justice A retires from the Supreme Court 90 days
before the forthcoming Presidential election. May the incumbent
President still appoint Justice A's successor?
(A) No, it will violate the Constitutional prohibition
against midnight appointments.
(B) Yes, vacancies in the Supreme Court should be filled
within 90 days from occurrence of the vacancy.

(A) No, the Office of the President is governed by its own

rules respecting review of cases appealed to it.
(B) Yes, the decision of the Office of the President must
contain its own crafted factual findings and legal
conclusions.
(C) Yes, administrative due process demands that the
Office of the President make findings and conclusions
independent of its subordinate.

(D) No, the Office of the President is not precluded from

adopting the factual findings and legal conclusions
contained in the HLURB decision.
(72) A collision occurred involving a passenger jeepney driven by
Leonardo, a cargo truck driven by Joseph, and a dump truck driven
by Lauro but owned by the City of Cebu. Lauro was on his way to
get a load of sand for the repair of the road along Fuente Street,
Cebu City. As a result of the collision, 3 passengers of the jeepney
died. Their families filed a complaint for damages against Joseph
who in turn filed a third party complaint against the City of Cebu
and Lauro. Is the City of Cebu liable for the tort committed by its
employee?

(A) to enforce customs laws.

(B) to secure shopping malls against terrorists.
(C) to arrest persons committing rebellion.
(D) to raid a suspected haven of lawless elements.
(76) Mass media in the Philippines may be owned and managed by
(A) corporations wholly owned and managed by Filipinos.
(B) corporations 60% owned by Filipinos.

(A) The City of Cebu is not liable because its employee

was engaged in the discharge of a governmental function.
(B) The City of Cebu is liable for the tort committed by its
employee while in the discharge of a non-governmental
function.

(C) corporations wholly owned by Filipinos.

(D) corporations 60% owned and managed by Filipinos.
(77) Procedural due process in administrative proceedings

(C) The City of Cebu is liable in accord with the precept of

respondeat superior.

(A) requires the tribunal to consider the evidence

presented.

(D) The City of Cebu is not liable as a consequence of its

non-suitability.

(B) allows the losing party to file a motion for

reconsideration.

(73) During 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.
(B) he was able to cross-examine the prosecutions
witnesses.
(C) he waives his right to be present.
(D) he is convicted of a bailable offense.
(74) An information for murder was filed against X. After
examining the case records forwarded to him by the prosecution, the
trial judge granted bail to X based on the prosecution's
manifestation that it was not objecting to the grant of bail. Is the
trial judge correct?
(A) Yes, the trial judge may evaluate the strength or
weakness of the evidence based on the case records
forwarded to him.
(B) No, the trial judge should have held a hearing to
ascertain the quality of the evidence of guilt that the
prosecution had against X.
(C) No, the trial judge should have conducted a hearing to
ascertain first whether or not X was validly arrested.
(D) Yes, the trial judge may reasonably rely on the
prosecution's manifestation that he had no objection to the
grant of bail.
(75) The President CANNOT call out the military

(C) requires hearing the parties on oral argument.

(D) permits the parties to file memoranda.
(78) The Constitution prohibits cruel and inhuman punishments
which involve
(A) torture or lingering suffering.
(B) primitive and gross penalties.
(C) unusual penal methods.
(D) degrading and queer penalties.
(79) Judge Lloyd was charged with serious misconduct before the
Supreme Court. The Court found him guilty and ordered him
dismissed. Believing that the decision was not immediately
executory, he decided a case that had been submitted for resolution.
The decision became final and executory. But the losing party filed
a certiorari action with the Court of Appeals seeking to annul the
writ of execution issued in the case and bar Judge Lloyd from
further acting as judge. Can the relief against Judge Lloyd be
granted?
(A) No, Judge Lloyd's right to stay as judge may be
challenged only by direct proceeding, not collaterally.
(B) Yes, the action against Judge Lloyd may be
consolidated with the case before the Court of Appeals and
decided by it.
(C) Yes, Judge Lloyd 's right to stay as judge may be
challenged as a necessary incident of the certiorari action.

(D) No, the losing party has no standing to challenge Judge

Lloyd's right to stay as judge.
(80) Executive Secretary Chua issued an order prohibiting the
holding of rallies along Mendiola because it hampers the traffic
flow to Malacanang. A group of militants questioned the order for
being unconstitutional and filed a case against Secretary Chua to
restrain him from enforcing the order. Secretary Chua raised state
immunity from suit claiming that the state cannot be sued without
its consent. Is the claim correct?
(A) No, public officers may be sued to restrain him from
enforcing an act claimed to be unconstitutional.
(B) Yes, the order was not a proprietary act of the
government.
(C) No, only the president may raise the defense of
immunity from suit.
(D) Yes, Secretary Chua cannot be sued for acts done in
pursuance to his public office.
(81) Anton was the duly elected Mayor of Tunawi in the local
elections of 2004. He got 51% of all the votes cast. Fourteen months
later, Victoria, who also ran for mayor, filed with the Local Election
Registrar, a petition for recall against Anton. The COMELEC
approved the petition and set a date for its signing by other qualified
voters in order to garner at least 25% of the total number of Bar
Examination Questionnaire for Political Law Set A registered voters
or total number of those who actually voted during the local election
in 2005, whichever is lower. Anton attacked the COMELEC
resolution for being invalid. Do you agree with Anton?
(A) No, the petition, though initiated by just one person,
may be ratified by at least 25% of the total number of
registered voters.
(B) No, the petition, though initiated by just one person
may be ratified by at least 25% of those who actually voted
during the 2004 local elections.
(C) Yes, the petition should be initiated by at least 25% of
the total number of registered voters who actually voted
during the 2004 local elections.
(D) Yes,the petition should be initiated by at least 25% of
the total number of registered voters of Tunawi.
(82) Using 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. When they saw a man who fitted
the description walking from the apartment to his car, they
approached and frisked him and he did not object. The search
yielded an unlicensed gun tucked on his waist and shabu in his car.
Is the search valid?
(A) No, the man did not manifest any suspicious behavior
that would give the police sufficient reason to search him.
(B) Yes, the police acted on reliable information which
proved correct when they searched the man and his car.

(C) Yes, the man should be deemed to have waived his

right to challenge the search when he failed to object to the
frisking.
(D) No, reliable information alone, absent any proof
beyond reasonable doubt that the man was actually
committing an offense, will not validate the search.
(83) A law interfering with the rights of the person meets the
requirements of substantive due process when
(A) the means employed is not against public policy.
(B) it is in accord with the prescribed manner of
enforcement as to time, place, and person.
(C) all affected parties are given the chance to be heard.
(D) the interest of the general public, as distinguished from
those of a particular case, requires such interference.
(84) A judge of the Regional Trial Court derives his powers and
duties from
(A) statute.
(B) the President, the appointing power.
(C) Supreme Court issuances.
(D) the rules of court.
(85) When an elective official's preventive suspension will result in
depriving his constituents of his services or representation, the court
may
(A) require the investigating body to expedite the
investigation.
(B) hold in abeyance the period of such suspension.
(C) direct the holding of an election to fill up the
temporary vacancy.
(D) shorten the period of such suspension.
(86) When the State requires private cemeteries to reserve 10% of
their lots for burial of the poor, it exercises its
(A) eminent domain power.
(B) zoning power.
(C) police power.
(D) taxing power.
(87) In the valid exercise of management prerogative consistent
with the company's right to protect its economic interest, it may
prohibit its employees from

(A) joining rallies during their work shift.

(B) an interim government.

(B) marrying employees of competitor companies.

(C) a de facto government.

(C) publicly converging with patrons of competitor

companies.

(D) an illegitimate government.

(92) The Special Committee on Naturalization is headed by

(D) patronizing the product of competitor companies.

(A) the Secretary of Justice.
(88) The President issued an executive order directing all
department heads to secure his consent before agreeing to appear
during question hour before Congress on matters pertaining to their
departments. Is the executive order unconstitutional for suppressing
information of public concern?
(A) No, because those department heads are his alter egos
and he is but exercising his right against self-incrimination.
(B) Yes, the President cannot control the initiative of the
department heads to conform with the oversight function of
Congress.
(C) Yes, the President cannot withhold consent to the
initiative of his department heads as it will violate the
principle of check and balance.
(D) No, the President has the power to withhold consent to
appearance by his department heads during question hour.
(89) When the President contracted a personal loan during his
incumbency, he may be sued for sum of money
(A) during his term of office.
(B) during his tenure of office.

(B) the Secretary of Foreign Affairs.

(C) the National Security Adviser.
(D) the Solicitor General.
(93) The President issued Proclamation 9517 declaring a state of
emergency and calling the armed forces to immediately carry out
necessary measures to suppress terrorism and lawless violence. In
the same proclamation, he directed the government's temporary
takeover of the operations of all privately owned communication
utilities, prescribing reasonable terms for the takeover. Is the
takeover valid?
(A) Yes, it is an implied power flowing from the President's
exercise of emergency power.
(B) No, it is a power reserved for Congress alone.
(C) Yes, subject to ratification by Congress.
(D) No, it is a power exclusively reserved for the People's
direct action.
(94) A candidate for Senator must be at least 35 years old on

(C) after his term of office.

(A) the day he is duly proclaimed.

(D) after his tenure of office.

(B) the day the election is held.

(90) The Senate Blue Ribbon Committee summoned X, a former

department secretary, to shed light on his alleged illicit acquisition
of properties claimed by the Presidential Commission on Good
Government. X sought to restrain the Committee from proceeding
with its investigation because of a pending criminal case against
him before the Sandiganbayan for ill-gotten wealth involving the
same properties. Decide. The investigation may
(A) not be restrained on ground of separation of powers.
(B) be restrained on ground of prejudicial question.
(C) not be restrained on ground of presumed validity of
legislative action.
(D) be restrained for being sub judice.
(91) A government that actually exercises power and control as
opposed to the true and lawful government is in terms of legitimacy
(A) a government of force.

(C) the day he files his certificate of candidacy.

(D) the day he takes his oath of office.
(95) The Office of the Special Prosecutor may file an information
against a public officer for graft
(A) on its own initiative subject to withdrawal of the
information by the Ombudsman.
(B) independently of the Ombudsman, except in plunder
cases.
(C) only when authorized by the Ombudsman.
(D) independently of the Ombudsman.
(96) Since the Constitution is silent as to who can appoint the
Chairman of the Commission on Human Rights, the President
appointed W to that position without submitting his appointment to

the Commission on Appointments for confirmation. Is Ws

appointment by the President valid?

(C) Yes, public policy demands that a de facto officer enjoy

the same rights of a de jure officer.

(A) No, since the position of Chairman of the Commission

was created by statute, the appointment of its holder
requires the consent of Congress.

(D) A. Yes, it is but just that she be paid for the service she
rendered.

(B) Yes, since the power to appoint in the government, if

not lodged elsewhere, belongs to the President as Chief
Executive.
(C) Yes, since the power to fill up all government positions
mentioned in the Constitution has been lodged in the
President.

(100) X, a Filipino and Y, an American, both teach at the

International Institute in Manila. The institute gave X a salary rate
of P1,000 per hour and Y, P1,250 per hour plus housing,
transportation, shipping costs, and leave travel allowance. The
school cited the dislocation factor and limited tenure of Y to justify
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 equal protection clause. Decide.

(D) No, because absent any express authority under the

Constitution, the power to appoint does not exist.

(A) The classification is based on superficial differences.

(97) The Chief Justice appointed X, the Presidents sister, as

Assistant Court Administrator in the Supreme Court during the
President's tenure. Claiming that the Constitution prohibits the
appointment in government of a Presidents relative, a taxpayer asks
for its nullification. Will the challenge prosper?

(B) The classification undermines the "Filipino First"

policy.

(A) Yes, since the appointment essentially violates the law

against nepotism.

(D) The distinction is substantial and uniformly applied to

each class.

(C) The distinction is fair considering the burden of

teaching abroad.

(B) Yes, because relatives of the President within the fourth

civil degree cannot be appointed as heads of offices in any
department of government.

2010 POLITICAL LAW BAR EXAM QUESTIONS

(C) No, X's appointment, although in the government, is

not in the Executive Department that the President heads.

PART I

(B) No, his membership in the bar is secure.

The dictatorial regime of President A of the Republic of Gordon was

toppled by a combined force led by Gen. Abe, former royal guards
and the secessionist Gordon Peoples Army. The new government
constituted a Truth and Reconciliation Commission to look into the
serious crimes committed under President As regime. After the
hearings, the Commission recommended that an amnesty law be
passed to cover even those involved in mass killings of members of
indigenous groups who opposed President A. International human
rights groups argued that the proposed amnesty law is contrary to
international law. Decide with reasons. (4%)

(C) Yes, by the Supreme Court itself.

II

(D) Yes, by Congress in joint session.

Compare and contrast the jurisdiction of the International Criminal

Court and International Court of Justice. (3%)

(D) No, the position to which X was appointed is not

among those prohibited under the Constitution.
(98)May an incumbent Justice of the Supreme Court be disbarred as
a lawyer?
(A) No, it will amount to removal.

(99) Mayor Lucia of Casidsid filed her certificate of candidacy for

congresswoman of the district covering Casidsid. Still, she
continued to act as mayor of Casidsid without collecting her salaries
as such. When 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. Is her
action correct?
(A) No, salaries can be waived and she waived them.
(B) No, because her acts as de facto officer are void insofar
as she is concerned.

III
A, a British photojournalist, was covering the violent protests of the
Thai Red-Shirts Movement in Bangkok. Despite warnings given by
the Thai Prime Minister to foreigners, specially journalists, A
moved around the Thai capital. In the course of his coverage, he
was killed with a stray bullet which was later identified as having
come from the ranks of the Red-Shirts. The wife of A sought relief
from Thai authorities but was refused assistance.
a.
b.

Is there state responsibility on the part of Thailand? (2%)

What is the appropriate remedy available to the victims
family under international law? (3%)

IV

VIII

Choose the statement which appropriately completes the opening

phrase:

Distinguish presidential communications

deliberative process privilege. (3%)

A State which resorts to retorsion in international law

IX

a.
b.

must ensure that all states consent to its act.

cannot curtail migration from the offending state.

c.

can expel the nationals of the offending state.

d.

should apply proportionate response within appreciable

limit.

e.

None of the above.

Explain your answer. (2%)

privilege

from

The League of Filipino Political Scientists (LFPS) organized an

international conference on the human rights situation in Myanmar
at the Central Luzon State University (CLSU). An exiled Myanmar
professor Sung Kui, critical of the military government in Myanmar,
was invited as keynote speaker. The Secretary of Foreign Affairs
informed the President of the regional and national security
implications of having Prof. Kui address the conference. The
President thereupon instructed the immigration authorities to
prevent the entry of Prof. Kui into Philippine territory. The
chancellor of CLSU argued that the instruction violates the
Constitution. Decide with reasons. (4%)
X

V
Congresswoman A is a co-owner of an industrial estate in Sta. Rosa,
Laguna which she had declared in her Statement of Assets and
Liabilities. A member of her political party authored a bill which
would provide a 5-year development plan for all industrial estates in
the Southern Tagalog Region to attract investors. The plan included
an appropriation of 2 billion pesos for construction of roads around
the estates. When the bill finally became law, a civil society
watchdog questioned the constitutionality of the law as it obviously
benefitted Congresswoman As industrial estate. Decide with
reasons. (3%)
VI
The Poverty Alleviation and Assistance Act was passed to
enhance the capacity of the most marginalized families nationwide.
A financial assistance scheme called conditional cash transfers
was initially funded 500 million pesos by Congress. One of the
provisions of the law gave the Joint-Congressional Oversight
Committee authority to screen the list of beneficiary families
initially determined by the Secretary of Department of Social
Welfare and Development pursuant to the Department implementing
rules. Mang Pandoy, a resident of Smokey Mountain in Tondo,
questioned the authority of the Committee.
a.
b.

A, the wife of an alleged victim of enforced disappearance, applied

for the issuance of a Writ of Amparo before a Regional Trial Court
in Tarlac. Upon motion of A, the court issued inspection and
production orders addressed to the AFP Chief of Staff to allow entry
at Camp Aquino and permit the copying of relevant documents,
including the list of detainees, if any. Accompanied by courtdesignated Commission on Human Rights (CHR) 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 CHR lawyers requested one Lt. Valdez for
a photocopy of the master plan of Camp Aquino and to confirm in
writing that he had custody of the master plan. Lt. Valdez objected
on the ground that it may violate his right against self-incrimination.
Decide with reasons. (4%)
XI
Which statement best completes the following phrase: (1%)
Freedom from torture is a right

Does Mang Pandoy have legal standing to question the

law?(2%)
Is the grant of authority to the Oversight Committee to
screen beneficiaries constitutional? (3%)

Decide with reasons.

a.
b.

subject to derogation when national security is threatened.

confined only during custodial investigation.

c.

which is non-derogable both during peacetime and in a

situation of armed conflict.

d.

both (a) and (b)

e.

none of the above.

VII

XII

True or False.

A witnessed two hooded men with baseball bats enter the house of
their next door neighbor B. After a few seconds, he heard B
shouting, Huwag Pilo babayaran kita agad. Then A saw the two
hooded men hitting B until the latter fell lifeless. The assailants
escaped using a yellow motorcycle with a fireball sticker on it
toward the direction of an exclusive village nearby. A reported the
incident to PO1 Nuval. The following day, PO1 Nuval saw the
motorcycle parked in the garage of a house at Sta. Ines Street inside

a.
b.

A proclamation of a state of emergency is sufficient to

allow the President to take over any public utility. (0.5%)
A treaty which provides tax exemption needs no
concurrence by a majority of all the Members of the
Congress. (0.5%)

the exclusive village. He inquired with the caretaker as to who

owned the motorcycle. The caretaker named the brothers Pilo and
Ramon Maradona who were then outside the country. PO1 Nuval
insisted on getting inside the garage. Out of fear, the caretaker
allowed him. PO1 Nuval took 2 ski masks and 2 bats beside the
motorcycle. Was the search valid? What about the seizure? Decide
with reasons. (4%)
XIII
True or False.
a.
b.

A valid and definite offer to buy a property is a prerequisite to expropriation initiated by a local government
unit. (0.5%)
Re-classification of land by a local government unit may
be done through a resolution. (0.5%)

c.

Boundary disputes between and among municipalities in

the same province may be filed immediately with the
Regional Trial Court. (0.5%)

d.

The Metropolitan Manila Development Authority is

authorized to confiscate a drivers license in the
enforcement of traffic regulations. (0.5%)

XIV
ABC operates an industrial waste processing plant within Laoag
City. Occasionally, whenever fluid substances are released through a
nearby creek, obnoxious odor is emitted causing dizziness among
residents in Barangay La Paz. On complaint of the Punong
Barangay, the City Mayor wrote ABC demanding that it abate the
nuisance. This was ignored. An invitation to attend a hearing called
by the Sangguniang Panlungsod was also declined by the president
of ABC. The city government thereupon issued a cease and desist
order to stop the operations of the plant, prompting ABC to file a
petition for injunction before the Regional Trial Court, arguing that
the city government did not have any power to abate the alleged
nuisance. Decide with reasons. (3%)

KABAKA, a coalition of peoples organizations from fisherfolk

communities. KABAKAs operations consist of empowering
fisherfolk leaders through livelihood projects and trainings on good
governance. The Dutch Foundation for Global Initiatives, a private
organization registered in The Netherlands, receives a huge subsidy
from the Dutch Foreign Ministry, which, in turn is allocated
worldwide to the Foundations partners like KABAKA. Rudy seeks
to register KABAKA as a party-list with himself as a nominee of the
coalition. Will KABAKA and Rudy be qualified as a party-list and a
nominee, respectively? Decide with reasons. (4%)
PART II
XVII
During his campaign sortie in Barangay Salamanca, Mayor Galicia
was arrested at a PNP checkpoint for carrying highpowered firearms
in his car. He was charged and convicted for violation of the
COMELEC gun ban. He did not appeal his conviction and instead
applied for executive clemency. Acting on the favorable
recommendation of the Board of Pardons and Parole, the President
granted him pardon. Is he eligible to run again for an elective
position? Explain briefly. (5%)
XVIII
The House Committee on Appropriations conducted an inquiry in
aid of legislation into alleged irregular and anomalous
disbursements of the Countrywide Development Fund (CDF) and
Congressional Initiative Allocation (CIA) of Congressmen as
exposed by X, a Division Chief of the Department of Budget and
Management (DBM). Implicated in the questionable disbursements
are high officials of the Palace. The House Committee summoned X
and the DBM Secretary to appear and testify. X refused to appear,
while the Secretary appeared but refused to testify invoking
executive privilege.
a.
b.

XV
True or False.
a.
b.

A person who occupies an office that is defectively created

is a de facto officer. (0.5%)
The rule on nepotism does not apply to designations made
in favor of a relative of the authority making a designation.
(0.5%)

c.

A discretionary duty of a public officer is never delegable.

(0.5%)

d.

Acquisition of civil service eligibility during tenure of a

temporary appointee does not automatically translate to a
permanent appointment. (0.5%)

XVI
Rudy Domingo, 38 years old, natural-born Filipino and a resident of
the Philippines since birth, is a Manila-based entrepreneur who runs

May X be compelled to appear and testify? If yes, what

sanction may be imposed on him? (2%)
Is the Budget Secretary shielded by executive privilege
from responding to the inquiries of the House Committee?
Explain briefly. If the answer is no, is there any sanction
that may be imposed upon him? (3%)

XIX
To instill religious awareness in the students of Doa Trinidad High
School, a public school in Bulacan, the Parent- Teachers
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 questioned 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 DECS. Is the principal liable? Explain
briefly. (5%)
XX
Define/explain the following:
a.

Doctrine of operative facts (1%)

b.

De facto municipal corporation (1%)

c.

Municipal corporation by estoppel (1%)

2009 POLITICAL LAW BAR QUESTIONS

d.

Doctrine of necessary implication (1%)

PART I

e.

Principle of holdover (1%)

XXI
The Sangguniang Panlungsod of Pasay City passed an ordinance
requiring all disco pub owners to have all their hospitality girls
tested for the AIDS virus. Both 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. Is the ordinance valid? Explain. (5%)

TRUE or FALSE. Answer TRUE if the statement is true, or

FALSE if the statement is false. Explain your answer in not more
than two (2) sentences. (5%)
a.
b.

XXII

c.

Governor Diy was serving his third term when he lost his
governorship in a recall election.

d.

a.
b.

c.

Who shall succeed Governor Diy in his office as

Governor? (1%)
Can Governor Diy run again as governor in the next
election? (2%)
Can Governor Diy refuse to run in the recall election and
instead resign from his position as governor? (2%)

XXIII

e.

II
Despite lingering questions about his Filipino citizenship and his
one-year residence in the district, Gabriel filed his certificate of
candidacy for congressman before the deadline set by law. His
opponent, Vito, hires you as lawyer to contest Gabriel's candidacy.
a.

A was a career Ambassador when he accepted an ad interim

appointment as Cabinet Member. The Commission on
Appointments bypassed his ad interim appointment, however, and
he was not re-appointed. Can he re-assume his position as career
Ambassador? (5%)

b.

XXIV
c.

Compare and contrast overbreadth doctrine from voidforvagueness doctrine. (5%)

XXV
a.
b.
c.

What is the rotational scheme of appointments in the

COMELEC? (2%)
What are the two conditions for its workability? (2%)
To what other constitutional offices does the rotational
scheme of appointments apply? (2%)

XXVI
Distinguish between pocket veto and item veto. (2%)
XXVII
What is the concept of association under international law? (2%)

A law making "Bayan Ko" the new national anthem of the

Philippines, in lieu of "Lupang Hinirang," is constitutional.
Under the archipelago doctrine, the waters around,
between, and connecting the islands of the archipelago
form part of the territorial sea of the archipelagic state.
A law that makes military service for women merely
voluntary is constitutional.
A law fixing the passing grade in the Bar examinations at
70%, with no grade lower than 40% in any subject, is
constitutional.
An educational institution 100% foreign-owned may be
validly established in the Philippines.

Before election day, what action or actions will you

institute against Gabriel, and before which court,
commission or tribunal will you file such action/s?
Reasons. (2%)
If, during the pendency of such action/s but before election
day, Gabriel withdraws his certificate of candidacy, can he
be substituted as candidate? If so, by whom and why? If
not, why not? (2%)
If the action/s instituted should be dismissed with finality
before the election, and Gabriel assumes office after being
proclaimed the winner in the election, can the issue of his
candidacy and/or citizenship and residence still be
questioned? If so, what action or actions may be filed and
where? If not, why not? (2%)

III
The Municipality of Bulalakaw, Leyte, passed Ordinance No. 1234,
authorizing the expropriation of two parcels of land situated in the
poblacion as the site of a freedom park, and appropriating the funds
needed therefor. Upon review, the |Sangguniang Panlalawigan of
Leyte disapproved the ordinance because the municipality has an
existing freedom park which, though smaller in size, is still suitable
for the purpose, and to pursue expropriation would be needless
expenditure of the people's money. Is the disapproval of the
ordinance correct? Explain your answer. (2%)
IV

The Municipality of Pinatukdao is sued for damages arising from

injuries 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. Resolve the motion with reasons. (3%)
V
To address the pervasive problem of gambling, Congress is
considering the following options: (1) prohibit all forms of
gambling; (2) allow gambling only on Sundays; (3) allow gambling
only in government-owned casinos; and (4) remove all prohibitions
against gambling but impose a tax equivalent to 30% on all
winnings.
a.

b.

If Congress 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 exercise of police power? Explain your
answer. (2%)
If Congress chooses the last option and passes the
corresponding law imposing a 30% tax on all winnings and
prizes won from gambling, would the law comply with the
constitutional limitations on the exercise of the power of
taxation? Explain your answer. (2%)

VIII
Congressman Nonoy delivered a privilege speech charging the
Intercontinental Universal Bank (IUB) with the sale of unregistered
foreign securities, in violation of R.A. 8799. He then filed, and the
House of Representatives unanimously approved, a Resolution
directing the House Committee on Good Government (HCGG) to
conduct an inquiry on the matter, in aid of legislation, in order to
prevent the recurrence of any similar fraudulent activity.
The HCGG immediately scheduled a hearing and invited the
responsible officials of IUB, the Chairman and Commissioners of
the Securities and Exchange Commission (SEC), and the Governor
of the Bangko Sentral ng Pilipinas (BSP). On the date set for the
hearing, only the SEC Commissioners appeared, prompting
Congressman Nonoy to move for the issuance of the
appropriate subpoena ad testificandum to compel the attendance of
the invited resource persons.
The IUB officials filed suit to prohibit HCGG from proceeding with
the inquiry and to quash the subpoena, raising the following
arguments:
a.

VI
b.
In a criminal prosecution for murder, the prosecution presented, as
witness, an employee of the Manila Hotel who produced in court a
videotape recording showing the heated exchange between the
accused and the victim that took place at the lobby of the hotel
barely 30 minutes before the killing. The accused objects 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-Wire Tapping law. Resolve the objection with
reasons. (3%)

The subject of the legislative investigation is also the

subject of criminal and civil actions pending before the
courts and the prosecutor's office; thus, the legislative
inquiry would preempt judicial action; (3%) and
Compelling the IUB officials, who are also respondents in
the criminal and civil cases in court, to testify at the inquiry
would violate their constitutional right against selfincrimination. (3%)
Are the foregoing arguments tenable? Reasons.

c.

May the Governor of the BSP validly invoke executive

privilege and, thus, refuse to attend the legislative inquiry?
Why or why not? (3%)

VII

IX

Crack agents of the Manila Police Anti-Narcotics Unit 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. Because 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
examination. The crystalline substance in the sachet turned out to be
shabu. The man was accordingly charged in court.

Warlito, a natural-born Filipino, took up permanent residence in the

United States, and eventually acquired American citizenship. He
then married Shirley, an American, and sired three children. In
August 2009, Warlito decided to visit the Philippines with his wife
and children: Johnny, 23 years of age; Warlito, Jr., 20; and Luisa,
17.

During the trial, the accused:

a.
b.

challenged the validity of his arrest; (2%) and

objected to the admission in evidence of the prohibited
drug, claiming that it was obtained in an illegal search and
seizure. (2%)

While in the Philippines, a friend informed him that he could

reacquire Philippine citizenship without necessarily losing U.S.
nationality. Thus, he took the oath of allegiance required under R.A.
9225.
a.
b.

c.
Decide with reasons.

Having reacquired Philippine citizenship, is Warlito a

natural-born or a naturalized Filipino citizen today?
Explain your answer. (3%)
With Warlito having regained Philippine citizenship, will
Shirley also become a Filipino citizen? If so, why? If not,
what would be the most speedy procedure for Shirley to
acquire Philippine citizenship? Explain. (3%)
Do the children --- Johnny, Warlito Jr., and Luisa --become Filipino citizens with their father's reacquisition of
Philippine citizenship? Explain your answer. (3%)

William protested his arrest.

Maximino, an employee of the Department of Education, is

administratively charged with dishonesty and gross misconduct.
During the formal investigation of the charges, the Secretary of
Education preventively suspended him for a period of sixty (60)
days. On the 60th day of the preventive suspension, the Secretary
rendered a verdict, finding Maximino guilty, and ordered his
immediate dismissal from the service.
Maximino appealed to the Civil Service Commission (CSC), which
affirmed the Secretary's decision. Maximino then elevated the
matter to the Court of Appeals (CA). The CA reversed the CSC
decision, exonerating Maximino. The Secretary of Education then
petitions the Supreme Court (SC) for the review of the CA decision.
a.
b.

Is the Secretary of Education a proper party to seek the

review of the CA decision exonerating Maximino?
Reasons. (2%)
If the SC affirms the CA decision, is Maximino entitled to
recover back salaries corresponding to the entire period he
was out of the service? Explain your answer. (3%)

a.

b.

c.

He argued that since the incident took place inside the U.S.
embassy, Philippine courts have no jurisdiction because the
U.S. embassy grounds are not part of Philippine territory;
thus, technically, no crime under Philippine law was
committed. Is William correct? Explain your answer.
(3%)
He also claimed that his Miranda 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 English; 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. Was William
denied his Miranda rights? Why or why not? (3%)
If William applies for bail, claiming that he is entitled
thereto under the "international standard of justice" and
that he comes from a U.S. State that has outlawed capital
punishment, should William be granted bail as a matter of
right? Reasons. (3%)

XIII
A terrorist group called the Emerald Brigade is based in the State of
Asyaland. The government of Asyaland does not support the
terrorist group, but being a poor country, is powerless to stop it.

PART II
XI
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE
if the statement is false. Explain your answer in not more than two
(2) sentences. (5%)
a.
b.
c.
d.
e.

Aliens are absolutely prohibited from owning private lands

in the Philippines.
A de facto public officer is, by right, entitled to receive the
salaries and emoluments attached to the public office he
holds.
The President exercises the power of control over all
executive
departments
and
agencies,
including
government-owned or controlled corporations.
Decisions of the Ombudsman imposing penalties in
administrative
disciplinary
cases
are
merely
recommendatory.
Dual citizenship is not the same as dual allegiance.

The Emerald Brigade launched an attack on the Philippines, firing

two missiles that killed thousands of Filipinos. It then warned that
more attacks were forthcoming. Through diplomatic channels, the
Philippines demanded that Asyaland stop the Emerald Brigade;
otherwise, it will do whatever is necessary to defend itself.
Receiving reliable intelligence reports of another imminent attack
by the Emerald Brigade, and it appearing that Asyaland was
incapable of preventing the assault, the Philippines 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 Emerald Brigade, then immediately returned to the
Philippines.
a.
b.

XII
William, a private American citizen, a university graduate and
frequent visitor to the Philippines, was inside the U.S. embassy
when he got into a heated argument with a private Filipino citizen.
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. Upon reaching the station, the police investigator, in
halting English, informed William of his Miranda rights, and
assigned him an independent local counsel. William refused the
services of the lawyer, and insisted that he be assisted by a Filipino
lawyer currently based in the U.S. The request was denied, and the
counsel assigned by the police stayed for the duration of the
investigation.

c.

Was the Philippine action justified under the international

law principle of "self-defense"? Explain your answer.
(3%)
As a consequence of the foregoing incident, Asyaland
charges the Philippines with violation of Article 2.4 of the
United Nations Charter that prohibits "the threat or use of
force against the territorial integrity or political
independence of any State." The Philippines counters that
its commando team neither took any territory nor interfered
in the political processes of Asyaland. Which contention is
correct? Reasons. (3%)
Assume that the commando team captured a member of the
Emerald Brigade and brought him back to the Philippines.
The Philippine Government insists that a special
international tribunal should try the terrorist. On the other
hand, the terrorist argues that terrorism is not an
international crime and, therefore, the municipal laws of
the Philippines, which recognize access of the accused to
constitutional rights, should apply. Decide with reasons.
(3%)

XIV
The Philippine Government is negotiating a new security treaty with
the United States which could involve engagement in joint military
operations of the two countries' armed forces. A loose organization
of Filipinos, the Kabataan at Matatandang Makabansa (KMM)
wrote the Department of Foreign Affairs (DFA) and the Department
of National Defense (DND) demanding disclosure of the details of
the negotiations, as well as copies of the minutes of the meetings.
The DFA and the DND refused, contending that premature
disclosure of the offers and counter-offers between the parties could
jeopardize on-going negotiations with another country. KMM 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.
b.

Decide with reasons. (3%)

Will your answer be the same if the information sought by
KMM pertains to contracts entered into by the Government
in its proprietary or commercial capacity? Why or why
not? (3%)

XV
The KKK Television Network (KKK-TV) aired the documentary,
"Case Law: How the Supreme Court Decides," without obtaining
the necessary permit required by P.D. 1986. Consequently, the
Movie and Television Review and Classification Board (MTRCB)
suspended the airing of KKK-TV programs. MTRCB declared that
under P.D. 1986, it has the power of prior review over all television
programs, except "newsreels" and programs "by the Government",
and the subject documentary does not fall under either of these two
classes. The suspension order was ostensibly based on
Memorandum Circular No. 98-17 which grants MTRCB the
authority to issue such an order.
KKK-TV filed a certiorari petition in court, raising the following
issues:
a.
b.

The act of MTRCB constitutes "prior restraint" and

violates the constitutionally guaranteed freedom of
expression; (3%) and
While Memorandum Circular No. 98-17 was issued and
published in a newspaper of general circulation, a copy
thereof was never filed with the Office of the National
Register of the University of the Philippines Law Center.
(2%)

Resolve the foregoing issues, with reasons.

XVI
a.

Angelina, a married woman, is a Division Chief in the

Department of Science and Technology. She had been
living with a married man, not her husband, for the last
fifteen (15) years. Administratively charged with
immorality and conduct prejudicial to the best interest of
the service, she admits her live-in arrangement, but
maintains that this conjugal understanding is in conformity
with their religious beliefs. As members of the religious
sect, Yahweh's Observers, they had executed a Declaration
of Pledging Faithfulness which has been confirmed and
blessed by their Council of Elders. At the formal

b.

investigation of the administrative case, the Grand Elder of

the sect affirmed Angelina's testimony and attested to the
sincerity of Angelina and her partner in the profession of
their faith. If you were to judge this case, will you
exonerate Angelina? Reasons. (3%)
Meanwhile, Jenny, also a member of Yahweh's Observers,
was severely disappointed at the manner the Grand Elder
validated what she considered was an obviously immoral
conjugal arrangement between Angelina and her partner.
Jenny filed suit in court, seeking the removal of the Grand
Elder 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. Will Jenny's case prosper? Explain your answer.
(2%)

XVII
Filipinas Computer Corporation (FCC), a local manufacturer of
computers and computer parts, owns a sprawling plant in a 5,000square meter lot in Pasig City. To remedy the city's acute housing
shortage,
compounded
by
a
burgeoning
population,
the Sangguniang Panglungsod authorized the City Mayor 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 qualified city residents. But FCC refused to sell the lot. Hard
pressed to find a suitable property to house its homeless residents,
the City filed a complaint for eminent domain against FCC.
a.
b.

c.

If FCC hires you as lawyer, what defense or defenses

would you set up in order to resist the expropriation of the
property? Explain. (5%)
If the Court grants the City's prayer for expropriation, but
the City delays payment of the amount determined by the
court as just compensation, can FCC recover the property
from Pasig City? Explain. (2%)
Suppose the expropriation succeeds, but the City decides to
abandon its plan to subdivide the property for residential
purposes having found a much bigger lot, can FCC legally
demand that it be allowed to repurchase the property from
the City of Pasig? Why or why not? (2%)

XVIII
What are the essential elements of a valid petition for a people's
initiative to amend the 1987 Constitution? Discuss. (2%)

2008 POLITICAL LAW BAR QUESTIONS

- VI -

-I-

The Philippine National Police (PNP) issued a circular to all its

members directed at the style and length of male police officers'
hair, sideburns and moustaches, as well as the size of their
waistlines. It prohibits beards, goatees and waistlines over 38
inches, except for medical reason. Some police officers questioned
the validity of the circular, claiming that it violated their right to
liberty under the Constitution. Resolve the controversy. (6%)

a.

b.

The legal yardstick in determining whether usage has

become customary international law is expressed in the
maxim opinio juris sive necessitatis or opinio juris for
short. What does the maxim mean? (3%)
Under international law, differentiate "hard law" from "soft
law".(3%)

- II May a treaty violate international law? If your answer is in the

affirmative, explain when such may happen. If your answer is in the
negative, explain why. (5%)

- VII JC, a major in the Armed Forces of t\he Philippine, is facing

prosecution before the Regional Trial Court of Quezon City for the
murder of his neighbor whom he suspected to have molested his
(JC's) 15-year old daughter.
a.
b.

- III The President alone without the concurrence of the Senate

abrogated a treaty. Assume that the other country-party to the treaty
is agreeable to the abrogation provided it complies with the
Philippine Constitution. If a case involving the validity of the treaty
abrogation is brought to the Supreme Court, how should it be
resolved? (6%)

Is JC entitled to bail? Why or why not? (3%)

Assume that upon being arraigned, JC entered a plea of
guilty and was allowed to present evidence to prove
mitigating circumstances. JC 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. Subsequently, the trial court rendered a
decision acquittal violate JC's right against double
jeopardy? Why or why noy? (3%)

- IV -

- VIII -

Congress passed a law authorizing the National Housing Authority

(NHA) to expropriate or acquire 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.
Pursuant to the law, the NHA acquired all properties within a
targeted badly blighted area in San Nicolas, Manila except a wellmaintained drug and convenience store that poses no blight or
health problem itself. Thereafter, NHA sold all the properties it has
thus far acquired to a private realty company for redevelopment.
Thus, the NHA initiated expropriation proceedings against the store
owner who protested that his property could not be taken because it
is not residential or slum housing. He also contended that his
property is being condemned for a private purpose, not a public one,
noting the NHA`s sale of the entire area except his property to a
private party. If you were the judge, how would you decide the
case? (6%)

ST, a Regional Trial Court judge who falsified his Certificate of

Service, was found liable by the Supreme Court for serious
misconduct and inefficiency, and meted the penalty of suspension
form office for 6 months. Subsequently, ST filed a petition for
executive clemency with the Office of the President. The Executive
Secretary, acting on said petition issued a resolution granting ST
executive clemency. Is the grant of executive clemency valid? Why
or why not? (6%)

-VHaving 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. When asked, " Are these yours?", the
accused seized 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 accused's stomach against his
will. This process induced vomiting. In the vomited matter were
found two capsules which proved to contain heroin. In the criminal
case, the chief evidence against the accused was the two capsules.
a.
b.

As counsel for the accused, what constitutional rights will

you invoke in his defense? (4%)
How should the court decide the case? (3%)

- IX Abdul ran and won in the May 2001, 2004 and 2007 elections for
Vice-Governor of Tawi-Tawi. After being proclaimed ViceGovernor in the 2004 elections, his opponent, Khalil, filed an
election protest before the Commission on Election. Ruling with
finalty on the protest, the COMELEC declared Khalil as the duly
elected Vice-Governor though the decision was promulgated only in
2007, when Abdul had fully served his 2004-2007 term and was in
fact already on his 2007-2010 term as Vice Governor.
a.

b.

Abdul now consults you if the can still run for ViceGovernor of Tawi-Tawi in the forthcoming May 2010
election on the premise that he could not be considered as
having served as Vice-Governor from 2004-2007 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 COMELEC decided with finality
that had lost in the May 2004 elections. What will be your
advice? (3%)
Abdul also consults you whether his political party can
validly nominate his wife as subtitute candidate for ViceMayor of Tawi-Tawi in May 2010 elections in case the
COMELEC disqualifies him and denies due course to or
cancels his certificate of candidacy in view of a false

material representation therein.What will be your advice?

(3%)
-XThe 1st Legislative District of South Cotabato is composed of
General Santos and three municipalities including Polomolok.
During the canvassing proceedings before the District Board of
Canvassers in connection with the 2007 congressional election,
candidate MP objected to the certificate pf canvass for Polomolok
on the ground that it was obviously manufactured, submitting as
evidence the affidavit of a mayoralty candidate of Polomolok. The
certificate of canvass for General Santos was likewise objected to
by MP on the basis of the confirmed report of the local NAMFREL
that 10 election returns from non-existent precincts were included in
the certificate. MP moved that the certificate of canvass for General
Santos be corrected to exclude the the result from the non-existent
precincts. The District Board of Canvassers denied both objections
and ruled to include the certificate of canvass. May MP appeal the
rulings to the COMELEC? Explain. (6%)
- XI On August 8, 2008 the Governor of Bohol died and Vice-Governor
Cesar succeeded him by operation of law. Accordingly, Benito, the
highest ranking member of the Sangguniang Panlalawigan was
elevated to the position of Vice-Governor. By the elevation of
Benito to the office of Vice-Governor, a vacancy in the Sangguniang
Panlalawigan was created.

The MWMC charter provided an initial appropriation of

P1,000,000, empowered the corporation to raise funds in its own
name, and set aside a parcel of land in Malate for the memorial site.
The charter set the corporate life of MWMC at 50 years with a
proviso that Congress may not abolish MWMC until after the
completion of the memorial.
Forty-five (45) years later, the memorial was only 1/3 complete and
the memorial site itself had long been overrun by quatters. Congress
enacted a law abolishing the MWMC and requiring that the funds
raised by it be remitted to the National Treasury. The MWMC
challenged the validity of the law, arguing that under its charter its
mandate is to complete the memorial no matter how long it takes.
Decide with reason. (6%)
- XV The principal of Jaena High School, a public school wrote a letter to
the parents and guardians of all the school's pupils, informing them
that the school was willing to provide religious instruction to its
Catholic students during class hours, through a Catholic priest.
However, students who wished to avail of such religious instruction
needed to secure the consent of their parents and guardians in
writing.
a.
b.

How should the vacancy be filed? (3%)

- XII The Mayor of San Jose City appointed his wife, Amelia, as City
Treasurer from among tree (3) employees pf the city considered for
the said position. Prior to said promotion, Amelia had been an
Assistant City Treasurer for ten (10) years, that is, even before she
married the City Mayor. Should the Civil Service Commission
approve the promotional appointment of Amelia? Why or why not?
(6%)
- XIII Congress enacted a law establishing the right to trial by jury of an
accused charged with a felony or offense punishable with reclusion
perpetua or life imprisonment. The law provides for the
qualification of prospective jury member, the guidelines to be
observed by the judge and the lawyers in jury selection including
the grounds for challenging the selection of jury member, and t\he
methodology for jury deliberations. Is the law constitutional?
Explain fully. (7%)
- XIV In 1963, congress passed a law creating a government-owned
corporation named Manila War Memorial Commission (MWMC),
with the primary function of overseeing the construction of a
massive memorial in the heart of Manila to commemorate victim of
the 1945 Battle of Manila

Does the offer violate the constitutional prohibition againts

the establishment of religion? (3%)
the parents of evangelical Christian 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 Catholic, rejected the
request. As counsel for the parents of the evangelical
students, how would you argue in support of their position?
(3%)

- XVI Nationwide protest have erupted over rising gas prices, including
disruptive demonstrations in many universities throughout the
country. The Metro Manila State University, a public university,
adopted a university-wide circular prohibiting public mass
demonstrations and rallies within the campus. Offended 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 30% of the students heeding the call. Nonetheless, university
officials were outraged and compelled the students leaders to
explain why they should not be expelled for violating the circular
against demonstrations.
The student leaders approached you for legal advice. They
contended that they should not be expelled 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. What would you
advise the students? (6%)
- XVII As a reaction to the rice shortage and the dearth of mining
engineers. Congress passed a law requiring graduates of public
science high school henceforth to take up agriculture or mining
engineering as their college course. Several students protested,

invoking their freedom to choose their profession. Is the law

constitutional? (6%)
NOTHING FOLLOWS.