BAR EXAMINATIONS 2007
POLITICAL AND PUBLIC INTERNATIONAL LAW
POLITICAL AND PUBLIC INTERNATIONAL LAW Page 1 of 8
2 September 2007 8:00 A.M. – 12:00 Noon
INSTRUCTIONS
This questionnaire consists of ten (10) numbers
contained in eight (8) pages. Read each question
very carefully. Answer legibly, clearly, and
concisely. Start each number on a separate
page; an answer to a sub-question under the
same number may be written continuously on the
same page and immediately succeeding pages
until completed. Do not repeat the question. A
mere “Yes” or “No” answer without any
corresponding discussion will not be given any
credit.
HAND IN YOUR NOTEBOOK WITH THIS
QUESTIONNAIRE
GOOD LUCK!!!
ADOLFO S. AZCUNA
CHAIRPERSON
2007 BAR EXAMINATIONS COMMITTEE
PLEASE CHECK THE NUMBER OF PAGES IN THIS SET
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
POLITICAL AND PUBLIC INTERNATIONAL LAW Page 2 of 8
INSTRUCTION: YOU WILL BE GIVEN CREDIT FOR
YOUR KNOWLEDGE OF LEGAL DOCTRINE AND FOR
THE QUALITY OF YOUR LEGAL REASONING.
I.
(10 POINTS)
True or False. Briefly explain your answer.
(a) For purposes of communication and instruction, the
official languages of the Philippines, until otherwise
provided by law, are Filipino and English.
(b) The 1987 Constitution has increased the scope of
academic freedom recognized under the previous
Constitution.
II.
(10 POINTS)
The City Mayor issues an Executive Order declaring
that the city promotes responsible parenthood and upholds
natural family planning. He prohibits all hospitals operated by
the city from prescribing the use of artificial methods of
contraception, including condoms, pills, intrauterine devices
and surgical sterilization. As a result, poor women in his city
lost their access to affordable family planning programs.
Private clinics, however, continue to render family planning
counsel and devices to paying clients.
(a) Is the Executive Order in any way constitutionally
infirm? Explain.
(b) Is the Philippines in breach of any obligation under
international law? Explain.
POLITICAL AND PUBLIC INTERNATIONAL LAW Page 3 of 8
(c) May the Commission on Human Rights order the Mayor
to stop the implementation of the Executive Order?
Explain.
III.
(10 POINTS)
Lawrence is a Filipino computer expert based in Manila
who invented a virus that destroys all the files stored in a
computer. Assume that in May 2005, this virus spread all
over the world and caused $50 million in damage to property
in the United States, and that in June 2005, he was
criminally charged before United States courts under their
anti-hacker law. Assume that in July 2005, the Philippines
adopted its own anti-hacker law, to strengthen existing
sanctions already provided against damage to property. The
United States has requested the Philippines to extradite him
to US courts under the RP-US Extradition Treaty.
(a) Is the Philippines under an obligation to extradite
Lawrence? State the applicable rule and its rationale.
(b) Assume that the extradition request was made after the
Philippines adopted its anti-hacker legislation. Will that
change your answer?
IV.
(10 POINTS)
In 1993, historians confirmed that during World War II,
“comfort women” were forced into serving the Japanese
military. These women were either abducted or lured by
false promises of jobs as cooks or waitresses, and
eventually forced against their will to have sex with
Japanese soldiers on a daily basis during the course of the
war, and often suffered from severe beatings and venereal
diseases. The Japanese government contends that the
POLITICAL AND PUBLIC INTERNATIONAL LAW Page 4 of 8
“comfort stations” were run as “onsite military brothels” (or
prostitution houses) by private operators, and not by the
Japanese military. There were many Filipina “comfort
women.”
(a) Name at least one basic principle or norm of
international humanitarian law that was violated by the
Japanese military in the treatment of the “comfort
women.”
(b) The surviving Filipina “comfort women” demand that the
Japanese government apologize and pay them
compensation. However, under the 1951 San Francisco
Peace Agreement – the legal instrument that ended the
state of war between Japan and the Allied Forces – all
the injured states, including the Philippines, received
war reparations and, in return, waived all claims against
Japan arising from the war. Is that a valid defense?
(c) The surviving Filipina “comfort women” sue the
Japanese government for damages before Philippine
courts. Will that case prosper?
V.
(10 POINTS)
The Destilleria Felipe Segundo is famous for its 15-year
old rum, which it has produced and marketed successfully
for the past 70 years. Its latest commercial advertisement
uses the line: “Nakatikim ka na ba ng kinse anyos?” Very
soon, activist groups promoting women’s and children’s
rights were up in arms against the advertisement.
(a) All advertising companies in the Philippines have
formed an association, the Philippine Advertising
Council, and have agreed to abide by all the ethical
guidelines and decisions by the Council. In response to
the protests, the Council orders the pull-out of the
POLITICAL AND PUBLIC INTERNATIONAL LAW Page 5 of 8
“kinse anyos” advertising campaign. Can Destilleria
Felipe Segundo claim that its constitutional rights are
thus infringed?
(b) One of the militant groups, the Amazing Amazonas, call
on all government-owned and controlled corporations
(GOCC) to boycott any newspaper, radio or TV station
that carries the “kinse anyos” advertisements. They call
on all government nominees in sequestered
corporations to block any advertising funds allocated for
any such newspaper, radio or TV station. Can the
GOCCs and sequestered corporations validly comply?
VI.
(10 POINTS)
True or False. Briefly explain your answer.
(a) An amendment to the Constitution shall be valid upon a
vote of three-fourths of all the Members of the
Congress.
(b) All public officers and employees shall take an oath to
uphold and defend the Constitution.
VII.
(10 POINTS)
Batas Pambansa 880, the Public Assembly Law of
1985, regulates the conduct of all protest rallies in the
Philippines.
(a) Salakay, Bayan! held a protest rally and planned to
march from Quezon City to Luneta in Manila. They
received a permit from the Mayor of Quezon City, but
not from the Mayor of Manila. They were able to march
POLITICAL AND PUBLIC INTERNATIONAL LAW Page 6 of 8
in Quezon City and up to the boundary separating it
from the City of Manila. Three meters after crossing the
boundary, the Manila Police stopped them for posing a
danger to public safety. Was this a valid exercise of
police power?
(b) The security police of the Southern Luzon Expressway
spotted a caravan of 20 vehicles, with paper banners
taped on their sides and protesting graft and corruption
in government. They were driving at 50 kilometers per
hour in a 40-90 kilometers per hour zone. Some
banners had been blown off by the wind, and posed a
hazard to other motorists. They were stopped by the
security police. The protesters then proceeded to march
instead, sandwiched between the caravan vehicles.
They were also stopped by the security force. May the
security police validly stop the vehicles and the
marchers?
VIII.
(10 POINTS)
The Provincial Governor of Bataan requested the
Department of Budget and Management (DBM) to release its
Internal Revenue Allocation (IRA) of P100 million for the
current budget year. However, the General Appropriations
Act provided that the IRA may be released only if the
province meets certain conditions as determined by an
Oversight Council created by the President.
(a) Is this requirement valid?
(b) The Provincial Governor is a party-mate of the
President. May the Bataan Representative instead
file a petition to compel the DBM to release the
funds?
POLITICAL AND PUBLIC INTERNATIONAL LAW Page 7 of 8
IX.
(10 POINTS)
The Department of Education (DepEd) requires that
any school applying for a tuition fee increase must, as a
condition for the increase, offer full tuition scholarships to
students from low-income families. The Sagrada Familia
Elementary School is a Catholic school and has applied for a
tuition fee increase. Under this regulation by the DepEd, it
will end up giving tuition scholarships to a total of 21
students next year. At a cost of P50,000 per student, the
school will lose a total of P1.05 million for next year.
(a) Is this DepEd requirement valid?
(b) If instead the DepEd requires a full tuition scholarship
for the highest ranking students in each grade,
determined solely on the basis of academic grades and
rank, will the DepEd requirement be valid?
X.
(10 POINTS)
The Supreme Court has provided a formula for
allocating seats for party-list representatives.
(a) The twenty percent allocation – the combined
number of all party-list congressmen shall not
exceed twenty percent of the total membership of
the House of Representatives, including those
elected under the party list;
(b) The two percent threshold – only those parties
garnering a minimum of two percent of the total
valid votes cast for the party-list system are
POLITICAL AND PUBLIC INTERNATIONAL LAW Page 8 of 8
“qualified” to have a seat in the House of
Representatives;
(c) The three-seat limit – each qualified party,
regardless of the number of votes it actually
obtained, is entitled to a maximum of three seats;
that is, one “qualifying” and two additional seats;
and
(d) The first-party rule – additional seats which a
qualified party is entitled to shall be determined in
relation to the total number of votes garnered by
the party with the highest number of votes.
For each of these rules, state the constitutional or legal
basis, if any, and the purpose.
NOTHING FOLLOWS.
BAR EXAMINATIONS 2007
LABOR AND SOCIAL LEGISLATION
LABOR AND SOCIAL LEGISLATION Page 1 of 7
2 September 2007 2:00 P.M. – 5:00 P.M.
INSTRUCTIONS
This questionnaire consists of twenty (20)
numbers contained in seven (7) pages. Read
each question very carefully. Answer legibly,
clearly, and concisely. Start each number on a
separate page; an answer to a sub-question under
the same number may be written continuously on
the same page and immediately succeeding
pages until completed. Do not repeat the
question. A mere “Yes” or “No” answer without
any corresponding discussion will not be given
any credit.
HAND IN YOUR NOTEBOOK WITH THIS
QUESTIONNAIRE
GOOD LUCK!!!
ADOLFO S. AZCUNA
CHAIRPERSON
2007 BAR EXAMINATIONS COMMITTEE
PLEASE CHECK THE NUMBER OF PAGES IN THIS SET
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
LABOR AND SOCIAL LEGISLATION Page 2 of 7
I.
(5 POINTS)
1. a) What is the principle of codetermination?
b) What, if any, is the basis under the Constitution
for adopting it?
II.
(5 POINTS)
2. a) Discuss the statutory restrictions on the
employment of minors?
b) May a househelp be assigned to non-household
work?
III.
(5 POINTS)
3. a) Discuss the types of illegal recruitment under the
Labor Code.
b) In initiating actions against alleged illegal
recruiters, may the Secretary of Labor and
Employment issue search and arrest warrants?
IV.
(5 POINTS)
4. Explain:
a) The Globe Doctrine.
b) The Community of Interest Rule.
LABOR AND SOCIAL LEGISLATION Page 3 of 7
V.
(5 POINTS)
May non-lawyers appear before the NLRC or Labor
Arbiter? May they charge attorney’s fee for such
appearance provided it is charged against union funds and
in an amount freely agreed upon by the parties? Discuss
fully.
VI.
(5 POINTS)
Procedurally, how do you stay a decision, award or
order of the Labor Arbiter? Discuss fully.
VII.
(5 POINTS)
7. a) May the NLRC or the courts take jurisdictional
cognizance over compromise agreements/
settlements involving labor matters?
b) How sacrosanct are statements/data made at
conciliation proceedings in the Department of
Labor and Employment? What is the philosophy
behind your answer?
VIII.
(5 POINTS)
Discuss in full the jurisdiction over the civil and criminal
aspects of a case involving an unfair labor practice for which
LABOR AND SOCIAL LEGISLATION Page 4 of 7
a charge is pending with the Department of Labor and
Employment.
IX.
(5 POINTS)
Discuss the legal requirements of a valid strike.
X.
(5 POINTS)
Discuss briefly the instances when non-compliance by
the employer with a reinstatement order of an illegally
dismissed employee is allowed.
XI.
(5 POINTS)
11. a) As a rule, when is retirement due?
b) When is retirement due for underground miners?
XII.
(5 POINTS)
12. a) How do you execute a labor judgment which, on
appeal, had become final and executory? Discuss
fully.
b) Cite two instances when an order of execution
may be appealed.
LABOR AND SOCIAL LEGISLATION Page 5 of 7
XIII.
5 POINTS
May a decision of the Labor Arbiter which has become
final and executory be novated through a compromise
agreement of the parties?
XIV.
5 POINTS
AB, single and living-in with CD (a married man), is
pregnant with her fifth child. She applied for maternity leave
but her employer refused the application because she is not
married. Who is right? Decide.
XV.
(5 POINTS)
Some officers and rank-and-file members of the union
staged an illegal strike. Their employer wants all the strikers
dismissed. As the lawyer, what will you advise the
employer? Discuss fully.
XVI.
(5 POINTS)
A carpenter is employed by a private university in
Manila. Is the carpenter a regular or a casual employee?
Discuss fully.
LABOR AND SOCIAL LEGISLATION Page 6 of 7
XVII.
(5 POINTS)
P.D. 1508 requires the submission of disputes before
the Barangay Lupong Tagapamayapa prior to the filing of
cases with the courts or other government bodies. May this
decree be used to defeat a labor case filed directly with the
Labor Arbiter? Discuss fully.
XVIII.
(5 POINTS)
Inday was employed by mining company X to perform
laundry service at its staffhouse. While attending to her
assigned task, she slipped and hit her back on a stone.
Unable to continue with her work, she was permitted to go
on leave for medication, but thereafter she was not allowed
to return to work. She filed a complaint for illegal dismissal
but her employer X contended that Inday was not a regular
employee but a mere househelp. Decide.
XIX.
(5 POINTS)
Cite five grounds for disciplinary action by the Philippine
Overseas Employment Administration (POEA) against
overseas workers.
LABOR AND SOCIAL LEGISLATION Page 7 of 7
XX.
(5 POINTS)
AB, a non-resident American, seeks entry to the
country to work as Vice-President of a local
telecommunications company. You are with the Department
of Labor and Employment (DOLE). What permit, if any, can
the DOLE issue so that AB can assume as Vice-President in
the telecommunications company? Discuss fully.
NOTHING FOLLOWS.
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