POLITICAL LAW AND PUBLIC INTERNATIONAL LAW BAR QUESTIONS 2026

1.                 Lawyers Shalom and Shanon, together with other individuals (Sha Group), commenced gathering signatures for an initiative petition to change the 1987 Constitution. The Sha Group filed a petition with the COMELEC to hold a plebiscite that will ratify their Initiative Petition. The Initiative Petition seeks among others, to change the 1987 Constitution by modifying Sections 1–7 of Article VI (Legislative Department) and Sections 1–4 of Article VII (Executive Department). The proposed changes will shift the present Bicameral-Presidential system to a Unicameral Parliamentary form of government. The Sha Group alleged that the Initiative Petition had the support of more than 6.3 million individuals constituting at least twelve per centum (12%) of all registered voters, with each legislative district represented by at least three per centum (3%) of its registered voters. Should the petition be granted? Explain. 

 

2.                 The Philippine Amusement and Gaming Corporation (PAGCOR), pursuant to its power under the law, decided to expand its casino operations in San Fernando City, by leasing and renovating a portion of Surfer Hotel. In response to the strong opposition from various conservative groups who denounced the project as inimical to public morals and welfare, the Sangguniang Panlungsod of San Fernando City enacted two ordinances, one prohibiting the issuance of business permits to any establishment used wholly or partly for casino operations and another ordinance providing for the outright prohibition of casino operations within city limits and prescribing administrative fines, closure, and imprisonment for violators. PAGCOR and the owner of Surfer Hotel filed a petition challenging both ordinances as ultra vires and invalid for violating the policy on local autonomy and exercise of delegated power to local governments. Are the ordinances valid? Explain.

 

3.                 Following the insistent requests of high-ranking Department of Public Works and Highways (DPWH) officials, Congress enacted an appropriation law containing provisions that give individual legislators the discretion to determine, postenactment, how much funds would go to specific Flood Control Projects or beneficiaries which they themselves also determine. Consequently, disbursements were made by the Department of Budget and Management (DBM) pursuant thereto.

 

During the investigations in the Senate Blue Ribbon Committee, DPWH officials and some contractors testified that most of the contracts for flood control projects were awarded to contractors owned by family members of, or endorsed by the legislators. They also mentioned that billions of pesos of “kickbacks” were delivered to certain legislators who “inserted” the funds for the flood control projects, which were found to be “ghost projects,” unfinished, abandoned, or of substandard quality. Is the appropriation law unconstitutional? Explain.

 

4.                 The Senate Blue Ribbon Committee has called for legislative investigations and inquiries into various issues and charges of incompetence and corruption against some Executive Department officials. To ensure the observance of the principle of separation of powers, adherence to the rule on executive privilege, and respect for the rights of public officials appearing in legislative inquiries, the President issued

Executive Order No. 111 (E.O. 111), which provides for rules and guidelines during question hour and inquiries in aid of legislation, the scope of executive privilege, and the list of executive officials covered by the executive privilege. E.O. 111 prohibits the executive officials named therein from appearing before Congressional investigations without prior approval of the President. The Senate, led by the Senate President, filed a petition before the Supreme Court to challenge the constitutionality of E.O. 111. Is E.O. 111 unconstitutional? Explain.

 

5.                 The Committee on Good Government and Public Accountability of the House of Representatives conducted an inquiry in aid of legislation pertaining to the use by the Provincial Government of Cagayan of its shares from the excise taxes on locally manufactured Virginia-type cigarettes for a purpose other than that provided in Republic Act No. 7171. Due to the evasive answers of the invited provincial government officials (officials) to questions, they were cited in contempt and ordered detained. The officials filed a Petition for Habeas Corpus before the Court of Appeals (CA). After several hearings, the CA issued a writ of habeas corpus and granted the officials’ motion for provisional release. The legislators who were dismayed by the CA’s actions issued a show cause order against the three Justices of the CA Division who issued the writ and ordered the officials’ provisional release. The CA Justices were directed to explain why they should not be cited in contempt by the House of Representatives. May the House of Representatives cite the CA Justices in contempt? Explain.

 

6.                 As public discussions center on having a more effective criminal justice system to prevent further flood control scandals, a suggestion was raised in an academic forum to change by legislation and rule amendment the standard required in proving guilt for crimes involving infrastructure corruption from the present burden of proof beyond reasonable doubt to preponderance of evidence. Will such a change be valid? Explain.

 

7.                 Arthur is a staff in the Office of the President’s public assistance office. He was issued a laptop to be used exclusively for processing and evaluating requests for financial assistance. He was asked to surrender his old office-issued laptop in exchange for a brand-new replacement. As the technical team was scanning Arthur’s old office-issued laptop, they found a folder containing back-up data and files on Arthur’s personal mobile phone, which had messages showing that he was soliciting and accepting bribes from the office’s clients in exchange for expedited processing of their financial assistance requests. When asked to explain why he should not be charged administratively, Arthur argued that his right to privacy was violated because what was accessed and opened was a private non-work file containing data from his personal device. He further insisted that any matter retrieved therefrom is inadmissible in evidence. Is Arthur correct? Explain.

 

8.                 Corruption Fighters (CF), a non-governmental organization, is organizing a rally against flood control corruption in front of the Mendiola Peace Arch, to be held in the first week of October. CF filed an application for a permit a week before the planned rally. However, the mayor of Manila denied the permit due to the risks to the life and limb of the CF members. Reports indicated that a possible super typhoon will inundate the city during the planned rally date possibly causing knee-deep flooding around the Mendiola area. The mayor thus advised CF to conduct the rally at another time. CF filed a suit questioning the denial of the permit. It explains that holding a rally during rain and flooding is part of its message as it highlights the grave effects of flood control corruption. If you were the judge, what level of scrutiny would you employ to resolve the case?

 

9.                 In June 2020, Emer applied for confirmation of title of a land he inherited from his deceased parents, who had open, continuous, exclusive, and notorious possession of the same since May 1990. While the possession was duly proven, the trial court, in June 2021, denied the application absent proof of the approval of the Secretary of the Department of Environment and Natural Resources (DENR) declaring that the land is alienable and disposable. In August 2021, Emer appealed to the Court of Appeals (CA).

 

In August 2026, while the case was still pending before the CA, Emer filed a motion thereat asking that he be allowed to present additional evidence to prove that the land is alienable and disposable. Emer listed what he intends to present, which are the matters required by Section 7 of Republic Act No. 11573. The CA denied the motion and opined that Republic Act No. 11573, which took effect on September 1, 2021, does not apply to Emer’s case which was filed in 2020; and that even if Emer complies with Section 7 of Republic Act No. 11573, there is still no confirmation that the land is no longer retained by the state for public use, public service, or the development of national wealth. Is the CA correct? Explain.

 

10.             The Department of Energy (DOE) is conducting surveys for possible native hydrogen exploration in, among others, the province of Zambales. An Indigenous Peoples (IP) group in the area has voiced concerns and asked that no such surveys be conducted in the coastal waters of Zambales. They claim that it is part of their ancestral domain for having been their traditional fishing waters, although no formal delineation has yet to be done.  

 

A DOE official is concerned that the water claim may jeopardize the hydrogen exploration project and the existing petroleum service contracts off the coast of Zambales. He opines that the claim over the coastal waters as ancestral domain is doubtful as Republic Act No. 8371 is primarily concerned with land areas. To address this, he proposes that the DOE negotiate with the IP group for the latter to limit their ancestral domain claim to land areas only and DOE, in turn, will not conduct the surveys in the coastal waters. Is the opinion of the DOE official on the water claim and negotiation tenable? Explain.

 

11.             Mayor Laureta was the mayor of the City of Manila for two consecutive terms but lost her bid for a third term to Mayor Hermosura. However, Mayor Hermosura was recalled and Mayor Laureta won the recall election and served her third term of office. Mayor Laureta wishes to continue as mayor for her fourth term.

 

On the other hand, Mayor Ruiz was the mayor of the Municipality of Santa Adelwiza for three consecutive terms. During her third term, the municipality was converted into a city. The city acquired a new corporate existence separate and distinct from that of the municipality. Mayor Ruiz wants to run as the first mayor of the City of Santa Adelwiza.

 

Rule on the eligibility of Mayor Laureta and Mayor Ruiz to run again for office.

 

12.             With the approach of the January 2028 National and Local Elections, the Commission on Elections (COMELEC) authorized the conduct of voter registration and voting activities in the Kulungan City Jail, designating it as a special polling place for qualified Persons Deprived of Liberty (PDL) voters. The following PDLs sought to register and vote in the 2028 elections:

 

Cheska was convicted of estafa by final judgment and sentenced to eight months’ imprisonment. She is currently serving her sentence. She registered as a voter and sought to vote.

 

JK was convicted of rebellion, a crime involving disloyalty to the duly constituted government, and sentenced to six years’ imprisonment. He has appealed his conviction and the appeal is currently pending before the Court of Appeals. He registered as a voter and sought to vote.

 

Mats is detained for the illegal sale of dangerous drugs punishable by life imprisonment under Republic Act No. 9165. He has not yet been arraigned and no plea has been entered. He sought to register and vote.

 

Rule on the eligibility of Cheska, JK, and Mats to register and vote in the 2028 elections. 

 

13. The City of Laging Lunod is in the midst of the campaign period for the May 2025 National and Local Elections. The Commission on Elections (COMELEC) issued Resolution No. 11000, which mandates, among others, that campaign materials posted outside designated common poster areas should not exceed 2 feet by 3 feet and authorizing the COMELEC to remove, confiscate, and destroy oversized campaign materials, whether owned by candidates, political parties, or private individuals under “Oplan Baklas.”

 

During the campaign period, St. Raphael Academy, a private Catholic school in Laging Lunod, allowed its grounds to be used for the posting of large tarpaulins and murals all privately funded by volunteer supporters of one mayoral candidate Attorney Alfonso, prominently bearing his photograph, name, and slogan. The materials measured 10 feet by 15 feet each, well beyond the COMELEC’s size limit, all of which are obviously in favor of only one candidate and not for any social advocacy.

 

COMELEC field officers, implementing “Oplan Baklas,” forcibly entered the school compound, removed the tarpaulins, and confiscated the murals. St. Raphael Academy filed a petition before the Supreme Court challenging the COMELEC’s actions. Will the petition prosper? Explain.

 

14. Mayor Jose Guinto is the incumbent Mayor of the City of Binibini, a first-class city with a total of 300,000 registered voters. He ran for re-election in the May 2025 elections against his rival Lorenzo Pilak (Pilak). Under Section 13 of Republic Act No. 7166, in relation to the Omnibus Election Code (OEC), the allowable campaign expenditure for a candidate for city mayor is PHP 3.00 per voter for a candidate with a political party, or PHP 5.00 per voter for an independent candidate. Mayor Guinto ran under Partido ng Bano (PNB) making his allowable spending limit PHP 3.00 x 300,000 = PHP 900,000.00. During the campaign period, the following expenditures were made in connection with Mayor Guinto’s reelection campaign:

 

Item 1. Mayor Guinto’s campaign team directly purchased television advertising slots on three local and national television networks, spending a total of PHP 850,000.00, documented by advertising contracts and broadcast logs signed by Mayor Guinto’s authorized representative.

 

Item 2. Mahirap Business Club (MBC), a private business organization composed of Binibini’s prominent businessmen, independently produced and aired a television advertisement praising Mayor Guinto’s infrastructure projects and urging viewers to re-elect him. MBC spent PHP 2 million on the advertisement which aired for several months. MBC’s president stated in a sworn affidavit that MBC produced the advertisement independently, without any request from or coordination with Mayor Guinto’s campaign team, purely as an exercise of the organization’s freedom of expression in support of a candidate they believed in.

 

Item 3. PNB spent PHP 1.5 million on campaign materials prominently bearing Mayor Guinto’s name, photograph, and the words “IBOTO SI MAYOR GUINTO.” The PNB provincial chairman certified that these materials were produced and distributed by the party independently, without request from Mayor Guinto’s personal campaign team.

 

If all three items are counted toward Mayor Guinto’s campaign spending, the total is PHP 4.35 million. However, if only Item 1 (Mayor Guinto’s direct campaign spending) is counted, the total is PHP 850,000.00.

 

Mayor Guinto won the election against Pilak and was proclaimed the winning candidate and took his oath of office as City Mayor of Binibini. Dismayed, Pilak filed a Petition for Disqualification against Mayor Guinto before the COMELEC under Section 68(c) of the OEC for campaign overspending.

 

In his defense, Mayor Guinto argues that the MBC advertisement and the PNB campaign materials should not be counted toward his campaign spending limit because they were made by independent third parties without any request from or coordination with his campaign team, and represented the exercise of their own constitutional right to free expression in favor of a candidate of their choice. He further avers that the law only penalizes the candidate’s spending, not that of independent supporters. He claims that he cannot be held liable for third-party spending that he did not authorize, request, or know about. Is Mayor Guinto correct? Explain.

 

15.             Deanna and Lec are best friends in law school. On March 6, 2025, both were appointed by the President to assume positions vacated by their respective predecessors. Deanna was appointed as Ombudsman when the former Ombudsman resigned after serving exactly two years of his seven-year term. Lec was appointed as Commission on Audit Chair when the former Chair resigned after serving exactly two years of his seven-year term. Will both Deanna and Lec serve for seven years, or until 2032? Explain.  

 

16.             An international organization operating in Philippine territory was sued for illegal termination before a Philippine labor arbiter. The international organization claimed that under international law, it was immune from the jurisdiction of the Philippine State, and thus, cannot be sued for illegal termination. Is the international organization correct? Explain.

 

17.             A candidate for the House of Representatives claims to be a natural-born Philippine citizen based on a treaty creating a presumption under international law that he is a natural-born citizen. However, the Philippines is not a party to the treaty. Is the candidate correct? Explain.

 

18.             The Philippines participated in the negotiation of a multilateral treaty, which required signature and ratification for a state to become a party to such treaty. The Philippine ambassador signed the treaty on behalf of the Philippines but the text of the treaty was intentionally not transmitted to the Senate for its concurrence. May the Office of the President be compelled to transmit the text of the treaty for Senate concurrence? Explain.  

 

19.             The extradition treaty between the Philippines and Kingdom A expired after twenty years. During the negotiations for a new extradition treaty, Kingdom A requested for the extradition of its citizen who was hiding in the Philippines, in order that he may attend a legislative inquiry on large-scale online scamming allegedly involving such citizen. The online financial crimes are punishable by a heavy fine under the laws of Kingdom A. Should the extradition request be granted? Explain.  

 

20.             Due to the negligence of its naval commander, a foreign warship ran aground on a reef in Philippine waters causing massive marine pollution which violated Philippine environmental statutes. May the commander be sued before a Philippine court? Explain.