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. Judge Red refused to recognize the authority of the
Office of the IPolitical Law Page 4 of61
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%)'
b. 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 official's discharge of
his duties and
functions? j::xplain. (3°/o)
c. Who are required by the Constitution to submit a
declaration under
oath of his assets, liabilities, and net worth? (2°/o)
VI.
President Black of the Republic of Pasensya (RP) had a
telephone
conversation with President Blue of the People's 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.
a. 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°/o)
b. Assuming the answer to (a.) is in the affirmative, does
that
agreement constitute a Treaty under the 1969 Vienna
Convention on
the Law on Treaties? (2°/o)
c. What are the sources of International Law? (2%)
d. What is opinio juris in International Law? (1 °/o)
VII.
Mayor Pink is eyeing re-election in the next mayoralty race.
It was
common knowledge in the town that Mayor Pink will run for
re-election in the
coming elections. The deadline for filing of Certificate of
Cadidacy (CoC) is on
March 23 and the campaign period commences the following
day. One month I Political Law Page 5 of61
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 dping, giving away pink t-shirts 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 bane, or Co melee division? Answer with reasons. (2°/o)
a.2. Rule on the petition. (5°/o)
I
b. Distinguish briefly between Quo Warranto in elective
office and
Quo Warranto in appointive office. (3°/o)
VIII.
a. What is the doctrine of "overbreath"? In what
context can it be
correctly applied? Not correctly applied? Explain (5°/o)
b. What is the doctrine of "void for vagueness"?
In what context
. can it be correctly applied? Not correctly applied?
Explain
(5o/o)
IX.
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. 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. (So/o)
b. What is "commercial speech"? Is it entitled to
constitutional I Political Law Page 6 of 61
protection? What must be shown in order for government to
curtail
"commercial speech"? Explain. (3%)
c. What are the two (2) basic prohibitions of the freedom of
speech and
of the press clause? Explain. (2%)
X.
a. What do you understand by the term "heirarchy of
civil liberties"?
Explain. (5%)
b. · Distinguish fully between the "free exercise of
religion clause" and
the "non-establishment of religion clause". (3%)
c. When can evidence "in plain view" be seized
without need of a
search warrant? Explain. (2%)
-NOTHING FOLLOWSHAND IN YOUR NOTEBOOK.
THERE IS NO NEED TO RETURN TIIIS QUESTIONNAIRE TO THE
HEAD WATCHER.