The following questionnaire consists of ten ( 1 0) questions
(numbered I to X) contained in FIVE (5) pages.
Begin your answer to each numbered question on a separate
page;
an answer to a sub-question/s under the same number may be
written continuously on the same page and succeeding pages
until
completed.
Answer the question directly and concisely. Do not repeat
the
question. Write legibly.
HAND IN YOUR NOTEBOOK. THERE IS NO NEED TO
RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.
GOOD LUCK!!!
Chairperson --
2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS SIX (6) PAGES
(INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE I Political Law
-
Page 2 of 61
I.
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.
a. 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°/o)
b. Are "liberty of abode" and "the right to
travel" absolute rights?
Explain. What are the respective exception/s to each right
if any?
(5°/o)
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 imrhediately transmitted to the Senate for
trial.
a. Madam Chief Justice Blue challenges such immediate
transmittal to
the Senate because the verified complaint was 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°/o)
b. What is the purpose of Impeachment? Does conviction
prevent further prosecution and punishment? Explain. (3°/o)
c. Enumerate the grounds for impeachment. Is graft and
corruption a
ground for impeachment? (2°/o)
Ill.
Mr. Brown, a cigarette vendor, was invited by P01 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. P01 White Page 3 of61
informed them that 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. Brown, afraid of a 11Set 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°/o)
b. 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°/o)
c. Briefly enumerate the so-called "Miranda
Rights". (2°/o)
IV
Mr. Yellow and Mr. Orange were the leading candidates in the
vicepresidential elections. After the 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. 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°/o)
b. 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°/o)
c. What is the composition of the PET? (2.%)
d. What is judicial power? Explain Briefly. (2°/o)