I.
SUGGESTED ANSWER:
A law was enacted empowering the Department
of Justice to issue a take-down order for website
owners and/or administrators to put offline
websites that have been reported by at least 10
people for any of the following reasons: the
website encourages rebellion, the website
accuses President Duterte of various crimes, the
website is pornographic, the website is a portal
for investment scammers. Is this constitutional?
SUGGESTED ANSWER:
No, the law is unconstitutional for being violative
of the right to due process of the website owners
and/or administrators. Section 1, Article III of the
1987 Constitution provides that No person shall
be deprived of life, liberty and property without
due process of law x x x. The law enacted in this
case violates procedural due process which
requires a hearing before condemnation as it
proceeds from an inquiry before judgment
because it authorizes the DOJ to issue a take-
down order for websites that have been
reported by at least 10 people to violate any of
the acts enumerated in the law without hearing
their side.
ALTERNATIVE ANSWER:
No, the law is unconstitutional for being an
invalid exercise of police power. The Court held
in the case of SJS v. Lim, G.R. No. 187836, Nov.
23, 2014 that the valid exercise of police power
requires the concurrence of a lawful subject and
lawful means. The law enacted in this case fails
to satisfy the second requisite because although
its subject is lawful as it seeks to safeguard the
society from the acts punished by the law, the
means employed which is taking down the
websites that have been reported by at least 10
people is unlawful as it proceeds to punish
without giving the owners and/or administrators
the opportunity to be heard.
II.
What is the difference between the power to
convert lands and the power to reclassify?
Explain.
SUGGESTED ANSWERS TO THE POLITICAL LAW MOCK BAR
ENGLISH FOR LAWYERS
Conversion is the act of changing the current use
of a piece of agricultural land into some other
use as approved by the DAR, while
reclassification is the act of specifying how
agricultural lands shall be utilized for non-
agricultural uses such as residential, industrial
and commercial as embodied in the land use
plan, subject to the requirements and procedure
for land use conversion. The mere
reclassification of an agricultural land does not
automatically allow a landowner to change its
use, it has to undergo the process of conversion
before he is permitted to use the agricultural
land for other purposes.
III.
Can Congress abolish the agrarian reform
program?
SUGGESTED ANSWER:
No, Congress cannot abolish the agrarian reform
program, unless through a constitutional
amendment. Section 4, Article XIII of the 1987
Constitution expressly provides that the State
shall, by law, undertake an agrarian reform
program founded on the rights of farmers the
words of the Constitution is mandatory as to
making the program existent within this
Constitutions lifetime. The program therefore
could not be abolished by Congress but through
a Constitutional change.
IV.
Explain the difference between gerrymandering
and the Congressional power to create, divided,
merge, or abolish provinces, cities,
municipalities, or barangays?
SUGGESTED ANSWER:
Gerrymandering is the formation of one
legislative district out of separate territories for
the purpose of favoring a candidate or a
party. The Constitution proscribes
gerrymandering, as it mandates each legislative
district, through Congressional power, to
comprise, as far as practicable, a contiguous,
compact and adjacent territory.
1
 V.
A foreign NGO is funding a Philippine NGO to set-
up and maintain a website that features all
candidates for president, vice-president, and
senators. The website contains, among other
things, the profile of the candidates, their SALNs,
and links to articles that talk about their
achievements and/or cases filed against them at
the Ombudsman/Sandiganbayan, IBP and/or
regular courts. Does this violate any election-
related Philippine laws?
SUGGESTED ANSWER:
Yes, a foreign NGO funding a Philippine NGO to
create a website that features national
candidates violates the Omnibus Election Code.
Under Section 81 thereof, it is unlawful for any
foreigner, whether judicial or natural person, to
aid any candidate or political party, directly or
indirectly, or take part in or influence in any
manner any election, or to contribute or make
any expenditure in connection with any election
campaign or partisan political activity. In the
case, the funding is a prohibited contribution
during elections. Intervention of foreigners is
disallowed by law because it constitutes
interference in national affairs.
ALTERNATIVE ANSWER:
No, a foreign NGO funding a Philippine NGO to
create a website that features national
candidates does not violate any election-related
Philippine law. Although the Omnibus Election
Code prohibits any foreigner from aiding any
candidate or political party, directly or indirectly,
or from taking part in or influencing in any
manner any election, or from contributing or
making any expenditure in connection with any
election campaign or partisan political activity,
the foreign funding in this case is not the kind
contemplated by law. Accordingly, the funding is
not made to a candidate or political party but to
an NGO. While a published information, there is
no express message encouraging or influencing
the public to vote for a specific candidate. In fact,
all candidates are being featured.
SUGGESTED ANSWERS TO THE POLITICAL LAW MOCK BAR
ENGLISH FOR LAWYERS
VI.
Define:
a. Election
SUGGESTED ANSWER:
Election is the means by which the people
choose, through the use of the ballot, their
officials for definite and fixed periods and to
whom they entrust, for the time being as their
representatives, the exercise of powers of
government. (De Leon, The Law on Public
Officers and Election Law, 8th ed. [2014], pp.478-
479)
b. Initiative
SUGGESTED ANSWER:
Initiative is the power of the people to propose
amendments to the Constitution or to propose
and enact legislations through an election called
for the purpose. There are three systems of
initiative, namely: (1) initiative on the
Constitution which refers to a petition proposing
amendments to the Constitution; (2) initiative on
statutes which refers to a petition proposing to
enact a national legislation; and (3) initiative on
local legislation which refers to a petition
proposing to enact a regional, provincial, city,
municipal, or barangay law, resolution or
ordinance. (Section 3, RA No. 6735 [1989])
c. Referendum
SUGGESTED ANSWER:
Referendum is the power of the electorate to
approve or reject a legislation through an
election called for the purpose. It may be of two
classes, namely:
(1) referendum on statutes which refers to a
petition to approve or reject an act or law, or
part thereof, passed by Congress; and (2)
referendum on local law which refers to a
petition to approve or reject a law, resolution or
ordinance enacted by regional assemblies and
local legislative bodies. (Section 3, RA No. 6735
[1989])
2
d. Recall
SUGGESTED ANSWER:
Recall is a method by which a public officer may
be removed from office during his tenure or
before the expiration of his term by a vote of the
people after registration of a petition signed by a
required percentage of registered voters. (De
Leon, The Law on Public Officers and Election
Law, 8th ed. [2014], pp.478-479)
VII.
Engineer Jose Josep is identified to be a loyal
supporter of the former mayor of Salantan City.
When the new mayor assumed office, Engineer
Josep was asked to transfer to the dump site
operated by the city. His new supervisor gave him
one task: to monitor and check the activities of
people who enter the dumpsite to look for
recyclable bottles and count how many bottles
each person takes. Engineer Joseps salary and
official designation remained the same. Can he
challenge his transfer as a demotion?
SUGGESTED ANSWER:
Yes, Engineer Josep can challenge his transfer as
a demotion. In the language of labor law, a
demotion involves a situation where an
employee is relegated to a subordinate or less
important position constituting a reduction to a
lower grade or rank, with a corresponding
decrease in duties and responsibilities, and
usually accompanied by a decrease in salary.
Moreover, jurisprudence provides that mere
title or position held by an employee does not
determine whether a transfer constitutes a
demotion. Rather, it is the totality of the
following circumstances such as economic
significance of the work, the duties and
responsibilities conferred, as well as the same
rank and salary of the employee, among others,
that establishes whether a transfer is a
demotion. While the facts provide that Engineer
Joseps salary and official designation remained
the same, there seemed to be a disparity in the
nature of the work of an engineer and one who
monitors and checks the activities of people who
enter the dumpsite.
SUGGESTED ANSWERS TO THE POLITICAL LAW MOCK BAR
ENGLISH FOR LAWYERS
VIII.
The local Comelec of Sandigas City entered into a
memorandum of agreement with the local state
university. They agreed that before a student
who is 18 years old and above can enroll in the
state university, he/she should first register as a
voter. Is this valid?
SUGGESTED ANSWER:
No, the Memorandum of Agreement (MOA)
between the local Comelec of Sandigas City and
the local state university is not valid. Section 1,
Article 5 of the 1987 Constitution provides that
no literacy, property, or other substantive
requirement shall be imposed on the exercise of
suffrage. Therefore, in the same being, the right
to suffrage must not also be used as a
substantive material or pre-requisite in order for
one to enroll in an academic institution. Well
settled is the rule that the right to exercise
suffrage also encompasses the right not to
exercise the same. Since registration as a voter is
an initial step to exercise the right to suffrage, no
contract can ever dictate a person who wish not
to exercise his constitutionally-guaranteed right.
IX.
Mayor Absuelto is very close to the Senate
President. Expecting several cases against him
and the city, he convinced the Senate President
to sponsor a bill exempting his city from the
payment of legal fees before various courts. Is
this bill valid?
SUGGESTED ANSWER:
No. The bill exempting the payment of legal fees
is not valid. The rules promulgated by the
Supreme Court for the payment of legal fees
were in the exercise of its rule-making power and
cannot be modified by a law granting an
exemption from payment. In the case at bar,
such bill exempting the city of Mayor Absuelto
from payment of legal fees before various courts
is not valid.
ALTERNATIVE ANSWER:
No. The bil is not valid. It is a clear violation of the
Constitutional prohibition of class legislation and
3
equal protection clause. The bill provided for an
exemption that is unconstitutional. The
provision constitutes class legislation because
it grants a certain city an exemption from
payment of legal fees before various courts,
while all other cites are not granted.
X.
The Extractive Industry Transparency Initiative is
an international effort to encourage the
extractive industry and governments to disclose
and make public information about the revenues
of the industry. It is a voluntary initiative and
through the years, governments and companies
have participated increasingly and more pro-
actively. The DENR, under the leadership of a
staunch environmentalist, issued a department
order making disclosure of revenues and
participation to the Extractive Industry
Transparency Initiative mandatory. The Chamber
of Mines publicly lauded the order and
committed to continue participating in EITI-
related efforts. Did the DENR validly exercise its
rule-making power?
SUGGESTED ANSWER:
No. The DENR did not validly exercise its rule-
making power. An agencys power to formulate
rules for the proper disposal of its functions is
always circumscribed by the enabling statute.
Otherwise, any agency conferred with rule-
making power, may circumvent legislative intent
by creating new powers for itself through an
administrative order. In the case at bar, the
department order making disclosure of revenues
and participation to the Extractive Industry
Transparency Initiative mandatory was not
circumscribed by an enabling statute.
XI.
Upon birth, what is the presumptive nationality
of a foundling who is found/discovered within
Philippine territory? Explain.
SUGGESTED ANSWER:
A foundling who is found within Philippine
territory is presumed a citizen of the Philippines,
hence, a natural-born Filipino citizen.
SUGGESTED ANSWERS TO THE POLITICAL LAW MOCK BAR
ENGLISH FOR LAWYERS
This presumptive nationality, as held in the case
of Poe v. COMELEC, stems from the presumption
that their parents are nationals of the
Philippines. Such legal principle is adopted from
the 1930 Hague Convention and the 1961
Convention on Statelessness, which is consistent
with the jus sanguinis regime in our
Constitution.
XII.
Is mandamus an appropriate remedy to compel
Congress to convene after the President declares
martial law?
SUGGESTED ANSWER:
No, mandamus is not an appropriate remedy to
compel Congress to convene because as a rule,
petition for mandamus only operates if a body
fails to do an act mandated by law.
As held in the case of De Lima v. Medialdea,
Article VII, Section 18 of the 1987 Constitution
imposes no such duty on Congress to convene.
Such duty is only limited to instances where
Congress intends to revoke or extend any
proclamation of martial law or suspension of the
privilege of the writ of habeas corpus.
ALTERNATIVE ANSWER:
(before the above case was promulgated):
Yes, mandamus is an appropriate remedy to
compel Congress to convene after the
declaration of Martial Law.
As a rule, an act which is mandated by law is not
subject to any discretion from the body required
to do the act, so that failure to act on such
mandate may be remedied through petition for
mandamus.
Since Article VII, section 18, second paragraph of
the Constitution states that Congress shall
convene without need of call, within 24hours
following the proclamation, the provision is
obviously mandatory. Therefore, failure on the
part of Congress to convene may be
appropriately remedied through a petition for
mandamus.
4

XIII.
A. Explain this phrase: The Philippines is a
republican state.
SUGGESTED ANSWER:
The Philippines is a republican state because it is
a government by representatives chosen by the
people at large. The officers are servants of the
people and can only exercise powers delegated
to them by the people who remain the ultimate
source of political power and authority.
B. Distinguish dual allegiance from dual
citizenship.
SUGGESTED ANSWER:
In the case of Mercado vs. Manzano, dual
citizenship is different from dual allegiance. Dual
citizenship arises when, as a result of the
concurrent application of the different laws of
two or more states, a person is simultaneously
considered a national by the said states, as in
cases where a person is borne to parents who
are citizens of a state that follows the doctrine of
jus soli. Dual citizenship is involuntary. On the
other hand, dual allegiance refers to a situation
where a person simultaneously owes, by some
positive act, loyalty to two or more states. It is
the result of an individuals own volition and is
inimical to the interests of the states concerned.
C. Distinguish pardon from amnesty.
SUGGESTED ANSWER:
The case of People vs. Casido provides the
difference between pardon and amnesty.
Pardon is granted by the Chief Executive and as
such it is a private act which must be pleaded and
proved by the person pardoned, because the
courts take no notice thereof. It is granted to one
after conviction, looks forward, and relieves the
offender from the consequences of an offense of
which he has been convicted. On the other hand,
amnesty is by proclamation of the Chief
Executive with the concurrencec of Congress, a
public act of which the courts should take judicial
notice. It is granted to classes of persons who
SUGGESTED ANSWERS TO THE POLITICAL LAW MOCK BAR
ENGLISH FOR LAWYERS
may be guilty of political offenses and generally
looks backward, abolishes, and puts into oblivion
the offense of which the persons are charged.
D. Discuss the jurisdiction of the
International Court of Justice.
SUGGESTED ANSWER:
The International Court of Justice exercises dual
jurisdiction. In the exercise of its jurisdiction over
contentious cases, it decides disputes of a legal
nature that are submitted to it by States, in
accordance with international law; and, it the
exercise of its advisory jurisdiction, it gives
advisory opinions on legal questions at the
request of the organs of the United Nations or
specialized agencies authorized to make such a
request.
XIV.
An executive order was issued by the President
and it contained two provisions that were found
controversial by the Senate: a) a provision
prohibiting members of the Armed Forces from
attending legislative investigations without the
Presidents consent and b) a provision
authorizing department secretaries to invoke
executive privilege when asked to attend
legislative investigations. Are these provisions
valid?
SUGGESTED ANSWER:
No, the executive order is a misuse of the
doctrine of executive privilege. In Senate v.
Ermita, the Supreme Court pronounced that
executive privilege is properly invoked in relation
to specific categories of information and not to
categories of persons. Hence, the blanket
application of the executive order to the
members of the Armed Forces and department
secretaries that effectively restrains them from
attending legislative investigations is infirm
because the privilege is made to apply to
categories or persons and not to information.
5
 XV.
Discuss the difference of preventive suspension
under the Ombudsman Act and that of the Local
Government Code (LGC).
SUGGESTED ANSWER:
As to the source,
Preventive suspension under the Ombudsman
Act is found in Republic Act No. 6770 or the The
Ombudsman Act of 1989 while Preventive
suspension under Local Government Code is
found in Republic Act No. 7160 or Local
Government Code of 1991.
As to the authority to imposed preventive
suspension,
Under the Ombudsman Act, it is the
Ombudsman or Deputy Ombudsman. On the
other hand, under LGC, the authority to impose
preventive suspension for the Elective local
officials of:
Province, highly urbanized city, or
independent component city, it is
the President; for Component city,
or municipality, it is the Governor;
for Barangay, it is the Mayor; for
appointive officials, it is the
concerned local chief executive.
As to maximum period,
Under Ombudsman Act, the preventive
suspension can last for 6 months while under
LGC, the max period is 60 days.
As to the grounds,
Under Ombudsman Act, it is when the 1) The
evidence of guilt is strong; and 2) that any of the
following circumstances are present: a) The
charge against the officer or employee should
involve dishonesty, oppression or grave
misconduct or neglect in the performance of
duty; b) The charges should warrant removal
from office; or c) The respondents continued
stay in office would prejudice the case filed
against him.
While under LGC, it is when 1. There is
reasonable ground to believe that the
SUGGESTED ANSWERS TO THE POLITICAL LAW MOCK BAR
ENGLISH FOR LAWYERS
respondent has committed the act or acts
complained of; 2. The evidence of culpability is
strong; 3. The gravity of the offense so warrants
4. The continuance in office of the respondent
could influence the witnesses or pose a threat to
the safety and integrity of the records and other
evidence
XVI.
At the start of the campaign period, Mayor
Sardina was already facing 3 pending cases
before the Ombudsman and 2 before a regional
trial court. Unfazed by the setback, she continued
campaigning in various barrios of her city. To
make sure that the questions about the cases
were properly and accurately answered, she
brought along the city legal officer who was also
handling the case. After answering questions
about the cases, the city legal officer always
assured the public that the mayor will continue
serving the proud city with the same
commitment and passion that she has shown us
during this term. Can the legal officer be
accused of partisan political activity?
SUGGESTED ANSWER:
Yes. Under the Constitution, no officer or
employee in the civil service shall engage,
directly or indirectly, in any electioneering or
partisan political campaign. As elaborated by
the Omnibus Election Code, the term partisan
political activity" refers to an act designed to
promote the election or defeat of a particular
candidate or candidates to a public office which
shall include: 3) making speeches,
announcements or commentaries, or holding
interviews for or against the election of any
candidate for public office.
Here, the city legal counsels side comments on
the mayors unwaivering commitment to public
service is a clear a promotion of the mayors
candidacy. Hence, this violates the prohibition
against partisan political campaign.
6
 XVII.
Explain the concept of extradition, including the
grounds for which a State may refuse to extradite
a person.
SUGGESTED ANSWER:
Extradition is 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. (P.D. 1069) While
governed by the respective treaty of different
nations, the UN Model Treaty on Extradition
provided a list of mandatory grounds for refusal
to extradite:
a. If the offense for which extradition is
requested is regarded as a political
offense;
b. If there are grounds to believe the
request has been made to prosecute or
punish a person on account of that
person's race, religion, nationality,
ethnic origin, political opinions, sex or
status, or that the person's position may
be prejudiced for any of these reasons;
c. If the offense is an offense under military
law and not also an offense under
criminal law;
d. If final judgment has been rendered
against the person in the requested
State in respect of the offense for which
the persons' extradition is requested;
e. If the person whose extradition has been
requested has, under the law of either
Party, become immune from
prosecution or punishment for any
reason, including lapse of time or
amnesty;
f. If the person would be subjected to
torture or cruel, inhuman treatment or
degrading punishment or if that person
has not or would not receive the
minimum guarantees in criminal
proceedings as contained in the
International Covenant on Civil and
Political Rights, article 14; and
SUGGESTED ANSWERS TO THE POLITICAL LAW MOCK BAR
ENGLISH FOR LAWYERS
g. If the judgment of the requesting State
has been rendered in absentia, the
convicted person has not had sufficient
notice of the trial nor opportunity to
arrange for a defense and has not or will
not have the opportunity to have the
case retried.
XVIII.
Define:
a.High Seas
SUGGESTED ANSWER:
High seas are all parts of the sea that are not
included in the exclusive economic zone, in the
territorial sea or in the internal waters of a State,
or in the archipelagic waters of an archipelagic
State.
b. Territorial Seas
SUGGESTED ANSWER:
Territorial sea is that part which stretches up to
12 miles from the baseline on the seaward
direction. They are subject to the jurisdiction of
the coastal state, which jurisdiction almost
approximates that which is exercised over land
territory, except that the coastal state must
respect the rights to (1) innocent passage; and
(2) in the case of certain straits, to transit
passage.
c. Exclusive Economic Zone
SUGGESTED ANSWER:
Exclusive Economic Zone (EEZ) is the stretch of
area up to 200 miles from the baselines. Within
this zone, a State may regulate non-living and
living resources, other economic resources,
artificial installations, scientific research, and
pollution control.
d. Internal Waters
SUGGESTED ANSWER:
Internal waters are waters of lakes, rivers, and
bays landward of the baseline of the territorial
sea. Waters on the landward side of the baseline
of the territorial sea also form part of the internal
waters of the coastal state. These are treated as
part of a states land territory, and are subject to
the full exercise of sovereignty.
7
SUGGESTED ANSWERS TO THE POLITICAL LAW MOCK BAR
ENGLISH FOR LAWYERS 8