POLITICAL LAW AND PUBLIC INTERNATIONAL LAW BAR QUESTIONS 2025
1.
ABC Construction Company was engaged by XYZ Group
Inc. to build an eightstorey building with a height of 34.4 meters located
behind the intended new airport in Bulacan. A month later, Ordinance No. 12345
was passed by the Sangguniang
Panlalawigan of Bulacan, setting the height limit on the buildings to be
constructed along the new airport to five storeys or a maximum height of 21.5
meters. After building five storeys, ABC Construction Company served a notice
on XYZ Group Inc. that it can no longer build the sixth, seventh, and eighth
floors of the building in view of Ordinance No. 12345. XYZ Group Inc.
consequently assailed Ordinance No. 12345 for allegedly violating the
non-impairment clause of the Constitution. Will
the case prosper? Reason(s).
2.
The XYZ Church was a relatively new religious group
with fast-growing membership. On January 22, 2025, ABC News published an
investigative report revealing that the leader of XYZ Church, Father Z, was
actually the head of an underground syndicate and a notorious swindler who was
convicted of fraud charges in the United States of America. The published
report caused great agitation to XYZ Church followers who threatened to harm
ABC News, destroyed its properties, and mauled the vendors who were selling
copies of its newspaper containing the report. Reacting to this spate of
violence, Secretary of Justice X, on national television, prohibited ABC News
and other newspapers from re-publishing the questioned report or they shall
face charges in court. ABC News assailed the prohibition, claiming that the
same constitutes prior restraint against speech. Is the challenge correct? Reason(s).
3.
The Congress submitted to the President, for
his signature, the enrolled bill seeking to decriminalize adultery and
concubinage. Immediately thereafter, members of the XYZ Partylist filed a
petition for certiorari to nullify
the enrolled bill for allegedly violating the due process clause since the same
was passed by the Congress without the benefit of a public hearing. The Office
of the Solicitor General (OSG) moved to dismiss the petition on the ground that
there is yet no actual case to speak of. Is
the OSG correct? Reason(s).
4.
In 2022, A started an investment company while he was
in France, during which, he allegedly embezzled funds amounting to EUR 25
million before absconding and returning to the Philippines in 2023 where he
again was said to have acquired, through fraud, PHP 13 million from various
investors. As a result, criminal proceedings in France were instituted against
A in 2024. No similar criminal proceedings though were instituted in the
Philippines. To legally try A for his crime, the French government sought the
extradition of A to France, arguing that the Philippines had an obligation to
either extradite or prosecute A. France argued that since the Philippines has
not yet prosecuted A, it now has an obligation to extradite under international
law despite the absence of an extradition treaty between France and the
Philippines. Is France correct?
Reason(s).
5.
In 2014, A and B, both Filipino citizens, met at the
XYZ Hospital in Taguig City where they both worked as nurses. After dating for
a year, they got married. Eventually, A flew to the United States of America
(USA) to work in a hospital in New York City. On the other hand, B continued
working at the XYZ Hospital until he also got hired as a nurse in the same
hospital where A was working in New York City. During A and B’s stay in the
USA, A got naturalized as an American citizen and, later on, gave birth to
their child, baby C, in 2024. Is baby C
a Filipino citizen? Reason(s).
6.
On April 24, 2025, the Treaty of Copenhagen, an
international agreement among various states fortifying their commitment to
address climate change, was signed by the Secretary of Foreign Affairs as the
duly authorized signatory of the Philippines. Thereafter, the treaty was
transmitted to the President for ratification. After reviewing the terms of the
treaty, the President decided not to ratify the same. Consequently, X, a
passionate environmentalist, filed a petition for mandamus to compel the President to ratify and transmit the signed
copy of the Treaty of Copenhagen to the Senate for its concurrence. Will the petition prosper? Reason(s).
7.
Given the increasing number of foreigners residing in
ABC City, its Sangguniang Panlungsod
issued Ordinance No. 0628, allowing foreigners who have resided for at least
five years in the City to acquire ownership over parcels of land not exceeding
500 square meters. A concerned Filipino citizen residing in ABC City filed a
petition for certiorari, challenging
Ordinance No. 0628 for violating the constitutional prohibition against land
ownership by foreigners. ABC City, on the other hand, argued that it was
granted local autonomy within its jurisdiction and can therefore pass any
ordinance it deems beneficial to its residents. Decide with reason(s).
8.
President X signed into law Republic Act No. 1213,
which set fixed rates for the just compensation of properties across various
regions of the Philippines in order to expedite the resolution of expropriation
cases and to prevent lengthy and costly litigation. One of the affected
landowners, Y, challenged the constitutionality of Republic Act No. 1213,
asserting that the determination of just compensation is not a legislative
function. The Republic of the Philippines, represented by the Office of the
Solicitor General (OSG), countered that since expropriation is an exercise of
the power of eminent domain belonging to the legislature, just compensation may
be fixed by law. Decide with reason(s).
9.
The Municipality of ABC passed Ordinance No. 1613,
known as the “Speed Limit Ordinance.” It prescribed speed limits for all types
of vehicles and penalties for violations thereof, such as a fine of PHP
1,000.00 for the first offense, PHP 1,500.00 for the second offense, and PHP
2,000.00 or 30-day imprisonment or both for the third offense. X, a resident of
the Municipality of ABC, assailed the constitutionality of Ordinance No. 1613
because it was not published in a newspaper of general circulation, hence,
violative of the due process clause. While the Municipality of ABC admitted
there was no publication, it asserted that since Ordinance No. 1613 was posted
in three conspicuous places, the requirement of due process was deemed
satisfied. Decide with reason(s).
10.
President X constituted the National Independence
Commission (NIC), an ad hoc body
tasked with the preparation of the celebrations for the 127th Philippine
Independence Day; and appointed Mr. Y as its Chairperson. Subsequently, Mr. Y
was charged with violation of Republic Act No. 3019 or the Anti-Graft and
Corrupt Practices Act for alleged irregularities committed in his capacity as
NIC Chairperson. In his defense, Mr. Y claimed that he never received any
compensation as NIC Chairperson, thus, he could not be considered as a public
officer. Is Mr. Y correct? Reason(s).
11.
X, an independent candidate, filed her Certificate of
Candidacy (COC) for Mayor of Butuan City for the 2025 National and Local
Elections. Y also filed her COC for the same position. After the last day of
filing COCs, X withdrew her COC for Mayor of Butuan City and opted to run for
Vice Mayor instead. She was substituted by Z who filed her COC for Mayor of
Butuan City. Y challenged the substitution on the ground that since X is an
independent candidate, she cannot be substituted. Is the challenge correct? Reason(s).
12.
A was a rider for one of the largest online shopping
platforms in the Philippines. She collected several parcels from XYZ Retail
Store for delivery to the customers. She immediately noticed though the unique
smell emanating from the parcels but chose to ignore the same. While she was
driving, a stray dog suddenly crossed the road, prompting her to hit the brakes
hard. As a result, one of the parcels fell and burst, revealing several grams
of dried cannabis (marijuana). A reported the incident to the nearby police
station. Consequently, the owner of XYZ Retail Store, B, was charged with
illegal sale of dangerous drugs. In his defense, B invoked his right against
unreasonable search and seizure which A allegedly violated when the latter mishandled
the parcel. Is B correct? Reason(s).
13.
During the campaign period for the 2025 National and
Local Elections, political unrest in the Province of XYZ led to a shootout
between private armies in front of the provincial capital. Thirty people, including
innocent bystanders, were among the casualties. In response, President Z
declared a state of emergency in the Province of XYZ and issued a directive for
the Armed Forces of the Philippines (AFP) and the Philippine National Police
(PNP) to prevent and suppress all incidents of lawless violence in the said
province. Governor X questioned President Z’s directive for alleged lack of
proper authority from the Congress. Is
the challenge meritorious? Reason(s).
14.
Taking notice of the popularity, both here and
abroad, of the unique perfume called Scent of Silay produced by XYZ Fragrance
Company located in Silay City, Negros Occidental, the Sangguniang Panlungsod of Silay City passed Ordinance No. 12345,
imposing a tax equivalent to 1% per export sale on “all productions of Scent of
Silay by XYZ Fragrance Company”. XYZ Fragrance Company assailed Ordinance No.
12345 on the ground that the same violated its right to equal protection of
laws as it was singled out therein. Decide
with reason(s).
15.
A owned three condominium units located near Camp
Aguinaldo along EDSA. In 2020, A leased the three condominium units to the
government for the use of its military officials, X, Y, and Z, as their offices
for a period of three years. In 2024, A sued X, Y, and Z to recover possession
of the condominium units because their respective leases had expired and they
refused to vacate the premises despite demands. A also prayed for payment of
rent in arrears. X, Y, and Z moved to dismiss the case for lack of jurisdiction
on the ground of state immunity from suit. A countered that the lease contracts
were commercial contracts, not falling within the doctrine of state immunity
from suit. Is A correct? Reason(s).
16.
The President appointed A as Chairperson, and B, C,
D, and E as Commissioners, of the Commission on Human Rights. Their
appointments stated that they may qualify and enter upon the performance of the
duties of their respective offices. Later on, a petition for certiorari and prohibition was filed,
questioning the permanent appointments of A, B, C, D, and E for lack of
confirmation by the Commission on Appointments. Is the challenge correct? Reason(s).
17.
Before commencing the proceedings in her court for
the day, Judge A would require all the litigants and the lawyers in the
courtroom to recite a prayer which she herself composed; otherwise they will be
cited in contempt. B, an atheist, believes that this court policy is a
violation of the non-establishment clause in the Constitution. Is B correct? Reason(s).
18.
A, a popular actress, was accused of estafa. She filed a motion for news
reporters to cover her trial on live television. Judge B denied the motion. A
sought reconsideration, arguing that the denial of her motion violated the
right of the public to information on matters of public concern and her right
to public trial. Judge B still did not reconsider. He explained that public
trial does not mean publicized trial.
Decide with reason(s).
19.
On December 11, 2023, the Senate and the House of
Representatives approved the Absolute Divorce Bill and transmitted the same to
the Office of the President for signature. On December 20, 2023, President X
vetoed the bill, citing a recent national survey which showed that majority of
Filipinos do not support absolute divorce for being contrary to the teachings
of the Catholic church. Representative Y, the author of the Absolute Divorce
Bill, assailed the constitutionality of the veto for allegedly violating the
principle of separation of powers as the President was deemed to have imposed
his will on the legislature. Is
Representative Y correct? Reason(s).
20.
Pursuant to its power under Article VIII, Section
5(5) of the Constitution, the Supreme Court launched its Strategic Plan for Judicial Innovations 2022-2027 (SPJI). What are the four guiding principles and
three target outcomes of the SPJI?
- Nothing
follows -
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