1 ABABA Victoria D

2 ABAD Bernard O

3 ABAD Francis Michael C

4 ABADEZA Melissa A

5 ABALOS Christian Noel C

6 ABALOS Joseph Ryan C

7 ABALOS Mcdonald G

8 ABANTE Priscilla Marie T

9 ABARCA Jerome G

10 ABAYA Mark Francis P

11 ABAYON Jerome B

12 ABDULLAH Noor Hafizullah M

13 ABEJARON Arnold C

14 ABELITA Peter Filip S

15 ABELLA Marie Velle P

16 ABENOJAR Lilian C

17 ABESAMIS Ellen V

18 ABO Rolando T

19 ABREA Elton Dick J

20 ABRENICA Angelee Marree A

21 ABUCEJO Joan D

22 ABYADANG Harriet N

23 ACHAS John Albino C

24 ACOSTA Carl De Liz L

25 ADJU Annally T

26 ADMANA Gerlie A

27 ADRIANO Alexander DG

28 ADRIANO Karen J

29 ADVINCULA Ma. Carolina T

30 AFRICA Voltaire B

31 AGAAB Jose Raphael E

32 AGATEP, JR. Orlino D

33 AGGALAO Arnold O

34 AGRAVANTE Evelyn T

35 AGTARAP Florina C

36 AGTARAP Richard M

37 AGUAS Princess Luren D

38 AGUDO Elma Jewelle A

39 AGUILAR Aileen R

40 ALANO Joseph Rod Allan C

41 ALBO Aubrey F

42 ALCANTARA Abraham Joseph B

43 ALCARDE Princess May C

44 ALCOREZA Joden B

45 ALCUAZ Alfonso Ismael A

46 ALEGRE Jacqueline Ann C

47 ALEGRE Marife M

48 ALEJANDRO Henry D

49 ALEJANDRO Johnsen H

50 ALIBANIA, JR. Eliseo C

51 ALICER Arthur Anthony S

52 ALILAM James G

53 ALIPIO, II Abraham C

54 ALISUAG Ma. Lenina C

55 ALLAM Marion P

56 ALMA JOSE Sylvia R

57 ALMALBIS Jelou F

58 ALMARIO Gilbert S

59 ALMARIO Shari-christine S

60 ALMAZAR Michael Barney R

61 ALMERO Rowena Joyce R

62 ALMOETE Martee L

63 ALMOGUERA Hanil B

64 ALMONTE, JR. Bienvenido B

65 ALONZO Timmy Joy S

66 ALPAY Zinia P

67 ALUNDAY Reynold B

68 ALVINA Cynthia L

69 AMBOANG Louilyn N

70 AMEROMACUMBAL Mylene I

71 AMIGABLE, JR. Felizardo D

72 AMIS Kathryn D

73 AMISTAD Christian B

74 AMOD Merxel Mae O

75 AMOR Aileen L

76 AMOR Fernando R

77 AMORA, JR. Lilio J

78 AMPIG Francis Athanasius D

79 AMPONG, III Teodulfo S

80 ANDRES Gilbert T

81 ANDUMANG Archie R

82 ANG Arlon U

83 ANG Juvielet Jeanne A

84 ANGELES Albert Lee G

85 ANGELES Erwin C

86 ANGELES Erwin Rommel S

87 ANIAG Mark Anthony V

88 ANITO Mylene A

89 ANONAT Jerry C

90 ANTERO Richard S

91 ANTIG Pamela Angela U

92 ANTONIO Elizabeth B

93 ANTONIO Hannah Lorraine Y

94 ANTONIO Harold M

95 AOANAN Kleider Rex C

96 APAO, JR. Mariano L

97 APASAN Joseph Ryan C

98 APILADO Louella Xylee T

99 APOLINARIO Charmaine C

100 APUYOD Jesus F

101 AQUENDE Hardy B

102 AQUINO Magnolia P

103 AQUINO Mark M

104 AQUINO Paolo R

105 AQUINO Patrick T

106 ARANAS Melchor Jaemond A

107 ARAULA, II Felix B

108 ARBOLADURA Rhea A

109 ARBOLEDA Lisette M

110 ARCE Cecilia Maria Rosario M

111 ARCE Liwayway D

112 ARCENANOGRA Aiiza Fiel A

113 ARELLANAGUDA Jesusa Loreto A

114 ARGABIOSO Antonio S

115 ARGENIO Kareen May E

116 ARIAS Jolienne Lee D

117 ARIOLA Aimee Riza S

118 ARIOSA Gia L

119 ARITAO, JR. Benjamin E

120 ARNADO Richard M

121 ARQUILLO Ruby B

122 ARTUZ Pearly Sheila F

123 ARZADON Romino G

124 ASENCION Marissa R

125 ASUNCION, III Isaiah O

126 ATAS Richelle L

127 ATENSOR Joseph Brian A

128 ATIENZA Catalino C

129 ATIENZA Katrina Catherine P

130 ATIENZA Leynard B

131 ATIENZA Verdie J

132 ATOS Richelle Mae G

133 AURO Christian V

134 AUTENTICO Ana Michaela N

135 AVELLANO Christine F

136 AVISADO Ethel C

137 AYENG Adelaide Nancy Sybil G

138 AYO Danilo M

139 AYUNGO Theodorick K

140 AZARRAGA Juliet C

141 AÑOVER Paul Vincent W

142 BALAN Orlando A

143 BACARAMAN Nur Jaypha R

144 BACLAY, JR. Oliver P

145 BACLAYO Ruby T

146 BACOLOR Heidi F

147 BACON Edwin M

148 BACONG Jeanie Rose A

149 BAETIONG Joselito M

150 BAGGAYAN Ma. Jonalyn F

151 BAGSIT Liza Flor T

152 BAGUIO Fritz B

153 BAHIAN Rachelle I

154 BAHJIN, II Jainal Abidin Y

155 BAI Muhlis S

156 BAJENIO Webb I

157 BALANGCOD Christobal J

158 BALANGITAN Mark Jeff W

159 BALANON Maxlen C

160 BALBOA Conrada A

161 BALDOVINO Renoir O

162 BALLARAN Armi L

163 BALLINAN John Dale A

164 BALMEO Trinidad V

165 BALTAR Jonathan Z

166 BALTAZAR Jay Francis P

167 BALTAZAR Ma. Francesca Q

168 BANAGUI Leah B

169 BANALAGAY Harold Howell D

170 BANDONELL Marinel F

171 BANIQUED Marigel M

172 BANSON, JR. Ceferino W

173 BANTASAN Joel C

174 BANZON Melissa Suzette L

175 BAQUIRAN Monalyn Ann L

176 BARATA Erwin N

177 BARCENAS Ligaya Victoria U

178 BARILLEGUE Josefina M

179 BARIN Anna Gayle T

180 BARINPRIETO Aiza Marie M

181 BARRIOS, III Isidro B

182 BARTOLOME Harold Ian V

183 BARTOLOME Prescila D

184 BARTOLOME Vincent Vos R

185 BARTOLOME, JR. David S

186 BARTOLOME, JR. Gaudencio P

187 BASA Fernando C

188 BASANES Karla Kristine L

189 BASCO Diana Joyce N

190 BASILGO Gembeth G

191 BATAC Regina C

192 BATALLA Maria Phenny Joan G

193 BATE Nover M

194 BATHAN Maricris E

195 BATU Kasarinlan S

196 BAUTISTA Cliff John C

197 BAYOTAS Michael Darwin M

198 BAYSAC Dianna Lynne S

199 BAÑAGA Myra Janina P

200 BAÑEZ Emerson S

201 BEJA Ma. Jela Teresa S

202 BELARMINRUMA Brenda R

203 BELEN Vernon A

204 BELENA Persephone Meir B

205 BELLEZA John M

206 BELMES Mae Richelle B

207 BELMONTE Mary Elizabeth (marybee) M

208 BERABARAOIDAN Catherin B

209 BERIANA Charlene A

210 BERMEJO Ma. Teresa Ana V

211 BERMEJO Maricel F

212 BERNABE, II Regina V

213 BERNALES, JR. Marcial P

214 BERNARDINO Aida S

215 BERNARDINBAÑEZ Noralyn C

216 BERON Jay Cesar I

217 BESSAT Madeleine A

218 BIBAL Joanne Mae A

219 BIGOL Maria Victoria B

220 BILONGILOT Joana Q

221 BIRON Jose Noe James S

222 BONDAD, JR. Rodolfo A

223 BONGAR Kharen Lee P

224 BONGHANOY Liewellyn F

225 BORJA Haidee O

226 BORJA Jacqueline Q

227 BORRA Katrina P

228 BRACIA M. Melvin B

229 BRAGADO Joel Emilio F

230 BRAGAT Maria Lourdes C

231 BREGALA Dennis B

232 BRILLANTES Fel Lester G

233 BRINGAS Catherine S

234 BRION Francis C

235 BRIONES Estrellita B

236 BROCALES Christopher Redeemson R

237 BROTONEL Jo Katrina V

238 BRUAN, JR. Cesario B

239 BUBAN Josephine M

240 BUENA Delbert Clifford V

241 BUENDIA Cristina B

242 BUENO Cheryl F

243 BUGAY Vicente Fidel C

244 BUGAOAN Eric Vincent H

245 BUGHAO Melvin Cydrick M

246 BUHAIN Camille R

247 BUNDOC Jacqueline C

248 BUNGABONG Kurt Adolph C

249 BURDACASTRO Arlie R

250 BURDEOS Sherry Joy O

251 BURGOS Ma. Lourdes S

252 BUSI Barrytone A

253 CABADING Marilex L

254 CABALI Pearl Grace G

255 CABALLERO Maynard G

256 CABANGON Ley A

257 CABANILLA Cris Francis O

258 CABANSAG Glynis Lyn R

259 CABIC Ellen Aster B

260 CABOTEJA, JR. Romeo O

261 CABRERA Cherrie Mae S

262 CABRERA Maria Christine C

263 CABRIDO Candice Elizabeth A

264 CACATIABARANGAN Freniza Joy D

265 CACAYURAN Sheryll P

266 CACCAFIGUEROA Rowena B

267 CACHAPERO Marty P

268 CACHO Arlene Valerie G

269 CADIOGAN, JR. Randolph C

270 CAINTO Angela Faith L

271 CAINTO Leo V

272 CAJIGAL Wilbur R

273 CAJILIG Geraldine A

274 CALAGUI Eric-john S

275 CALALMACAPAGAL Vivian B

276 CALAMBA Winsor B

277 CALATRAVA Ira R

278 CALDE Nimreh L

279 CALDE Roland P

280 CALINISAN Rafael Vicente R

281 CALPO Ma. Lourdes Gaye T

282 CAMACHO Alva C

283 CAMANDERGURO Kristine M

284 CAMARA Mark Darwin A

285 CAMPANER Francisco M

286 CANDELARIA Desiree G

287 CANIBA May A

288 CANTALEJO John Dale A

289 CANTIL Jason A

290 CANTIMBUHAN Veron Joy J

291 CAPARAS Melanie C

292 CAPINPIN Michael Joseph C

293 CAPUSEN Dimsey J

294 CAPUYAN Julifaith C

295 CARDENAS Maria Josella Teresa M

296 CARILLO Mae Jill B

297 CARINGAL Carlos M

298 CARINGAL Glenda Leah A

299 CARITOS Rona Ann V

300 CARIÑO Arbin Omar P

301 CARIÑO Marlon M

302 CARLOS Roy E

303 CARMONA Sheila Minnelli V

304 CASTASUS Lee Guian Paulo O

305 CASTIL Rico C

306 CASTILLEJO Raymond Christle N

307 CASTILLO Eleazar E

308 CASTILLO Javerick G

309 CASTILLO Ma. Christina G

310 CASTILLO Paul Cornelius T

311 CASTILLO, JR. Emmanuel F

312 CASTRO Allan R

313 CASTRO Carmencita D

314 CASTRO Cyril Alfred S

315 CASTRO Elvira Joselle R

316 CASTRO Jose Romulo L

317 CASTRO Lorelei A

318 CASTRO Rohail R

319 CATALO Janice C

320 CATAPANG Dyan Kristi C

321 CATAPANROSALES Luzviminda C

322 CATIBAYAN Luis Manuel M

323 CATRE Mary Christine Charisse G

324 CATRE, JR. Noel Christian G

325 CAUILAN Joey L

326 CAUNAN Patricia Yvonne M

327 CAYANGA Edelisa May M

328 CAZEÑAS Mary Dezerie D

329 CAÑAL Renato E

330 CAÑAMO Peter B

331 CAÑEDO Jose Ritche O

332 CAÑEDO, JR. Florenz O

333 CAÑETE Ferdinand C

334 CAÑO Maria Janice B

335 CECILIO, JR. Uldarico P336 CEDEÑO Al Joseph V

Law, body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behaviour of its members. The nature and functions of law have varied throughout history. In modern societies, some authorized body such as a legislature or a court makes the law. It is backed by the coercive power of the state, which enforces the law by means of appropriate penalties or remedies.

Formal legal rules and actions are usually distinguished from other means of social control and guides for behaviour such as mores, morality, public opinion, and custom or tradition. Of course, a lawmaker may respond to public opinion or other pressures, and a formal law may prohibit what is morally unacceptable.

Law serves a variety of functions. Laws against crimes, for example, help to maintain a peaceful, orderly, relatively stable society. Courts contribute to social stability by resolving disputes in a civilized fashion. Property and contract laws facilitate business activities and private planning. Laws limiting the powers of government help to provide some degree of freedom that would not otherwise be possible. Law has also been used as a mechanism for social change; for instance, at various times laws have been passed to inhibit social discrimination and to improve the quality of individual life in matters of health, education, and welfare.

Some experts believe that the popular view of law overemphasizes its formal, coercive aspects. They point out that if a custom or norm is assured of judicial backing, it is, for practical purposes, law. On the other hand, a statute that is neither obeyed nor enforced is an empty law. Social attitudes towards the formal law are a significant part of the law in process. The role of law in China and Japan, for example, is somewhat different from its role in Western nations. Respect for the processes of law is low, at least outside matters of business and industry, and tradition looms much larger in everyday life. Resort to legal resolution of a dispute is truly a last resort, with conciliation being the mechanism that is preferred for social control.

Law is not completely a matter of human enactment; it also includes natural law. The best-known version of this view, that God’s law is supreme, has had considerable influence in many Western societies. The civil rights movement, for example, was at least partially inspired by the belief in natural law. Such a belief seems implicit in the view that law should serve to promote human dignity, as for instance by the enforcement of equal rights for all. Muslim societies also embrace a version of natural law, which is closely linked to the religion of Islam.

Law develops as society evolves. Historically, the simplest societies were tribal. The members of the tribe were bonded together initially by kinship and worship of the same gods. Even in the absence of courts and legislature there was law—a blend of custom, morality, religion, and magic. The visible authority was the ruler, or chief; the ultimate authorities were believed to be the gods whose will was revealed in the forces of nature and in the revelations of the tribal head or the priests. Wrongs against the tribe, such as sacrilege or breach of tribal custom, were met with group sanctions including ridicule and hostility, and, the tribe members thought, with the wrath of the gods. The gods were appeased in ritualistic ceremonies ending perhaps in sacrifice or expulsion of the wrongdoer. Wrongs against individuals, such as murder, theft, adultery, or failure to repay a debt, were avenged by the family of the victim, often in actions against the family of the wrongdoer. Revenge of this kind was based on tribal custom, a major component of early law.

Tribal society gradually evolved into territorial confederations. Governmental structures emerged, and modern law began to take shape. The most significant historical example is Roman law, which influenced most of the legal systems of the world. In the 8th century bc the law of Rome was still largely a blend of custom and interpretation by magistrates of the will of the gods. The magistrates later lost their legitimacy because of gross discrimination against the lower (plebeian) class. The threat of revolution led to one of the most significant developments in the history of law: the Twelve Tables of Rome, which were engraved on bronze tablets in the 5th century bc. They were largely a declaration of existing customs concerning such matters as property, payment of debts, and appropriate compensation or other remedies for damage to people. The Twelve Tables serve as a historical basis for the widespread modern belief that fairness in law demands that it be in written form. These tables and their Roman successors, including the Justinian Code, led to civil law codes that provide the main source of law in much of modern Europe, South America, and elsewhere.

The common law systems of England, and later of the United States, developed in a different manner. Before the Norman Conquest (1066), England was a loose confederation of societies, the laws of which were largely tribal and local. The Anglo-Norman rulers created a system of centralized courts that operated under a single set of laws that superseded the rules laid down by earlier societies. This legal system, known as the common law of England, began with common customs, but over time it involved the courts in lawmaking that was responsive to changes in society.

Modern legislatures and administrative agencies produce a much greater quantity of formal law, but the judiciary remains very important because of the continued vitality of the common law approach even in matters of constitutional and statutory interpretations. Increasingly in civil law countries, the subtleties of judicial interpretation and the weight of judicial precedents are recognized as involving the courts in significant aspects of lawmaking.

In broad terms, substantive law defines the rights and duties of people; procedural law defines and deals with procedures for enforcing those rights and duties. Substantive law determines a wide variety of matters—for example, what is required to form a contract, what the difference is between larceny and robbery, when one is entitled to compensation for an injury, and so on. The rules of procedure and jurisdiction determine the court or administrative agency that may handle a claim or dispute; the form of the trial, hearing, or appeal; the time limits involved; and so on. Related rules also cover the kinds of evidence that may be presented. Such rules are more limiting in trial courts than in administrative agencies. The fine points of procedural law are considerable, but they are generally thought to be indispensable to whatever efficiency and fairness law may have.

Public law concerns the relationships both within a government and between governments and individuals. Because the Roman codes were almost entirely limited to the private area, public law is usually not codified, that is, arranged systematically into a set code. In civil law countries, separate administrative courts adjudicate claims and disputes between the various branches of government and citizens, and many lawyers specialize in public law. In France, Germany, and Italy, still other courts handle constitutional issues.

Public law is not quite so clearly demarcated in the United Kingdom. Under the common law approach the same courts handle public and private litigation. Because the United Kingdom has no written constitution, basic principles pertaining to government powers and limits and to fundamental individual rights are found in acts of Parliament, judicial opinions, and tradition.

Laws concerning taxation and the regulation of business are in the public area, as is criminal law, which involves the exercise of governmental power by way of enforcement and punishment. Historically, criminal law in the United Kingdom included crimes defined by the courts. The public law nature of the area is further emphasized by other constitutional protections such as the right of the accused to remain silent and the right to effective counsel. In the United Kingdom the right to silence has been compromised. From 1995 the judge and prosecution are permitted to make adverse comments if an accused person remains silent under questioning but produces a defence at the trial. Criminal law not only promotes security and order but also reinforces moral norms. Debate has been continuous regarding the legitimacy of government intervention in areas where moral attitudes are in significant conflict, such as in matters of sexual practices, pornography, birth control, and euthanasia.

Private law involves the various relationships that people have with one another and the rules that determine their legal rights and duties among themselves. The area is concerned with rules and principles pertaining to private ownership and use of property, contracts between individuals, family relationships, and redress by way of compensation for harm inflicted on one person by another. Historically, government involvement was usually minimal. Private law has also operated to provide general guidelines and security in private arrangements and interactions in ways that are complementary to morality and custom but that are not necessarily enforceable in a court of law, such as noncontractual promises and agreements within an association of private individuals.

The relative significance of purely private law has decreased in modern times. Public law dominates in government-controlled societies; democratic societies increasingly have a mix of public and private law. The private sphere includes individuals and a vast array of groups, associations, organizations, and special legal entities such as corporations. They compete with one another and with government for control of resources, wealth, power, and the communication of ideas and values. Special fields of law, such as labour law, facilitate and control this competition. Much of such law is in the commercial and corporate areas. The formerly purely private law of property and contracts, for example, is now overlaid with legislation, regulations, and judicial decisions reflecting the competition. The public law of taxation has significant impact on the whole private sphere. Courts have increasingly regarded resolution of seemingly private disputes as vehicles for response to changing social conditions and values—especially in the United States. Thus, manufacturers have experienced an expansion of liability for physical injuries caused by defects in their products. The mechanism of insurance allows manufacturers to spread such costs across the general consuming public.

The legal process that concerns relations among nations is called international law. Belief and experience in some form of international law dates from at least the days of the Roman Empire. Such law differs greatly from national legal systems. No court has the authority or power to give judgments backed by coercive sanctions. Even in its most modern developments, international law is almost wholly based on custom. The precedents on which it rests are the acts of independent governments in their relations with one another, including treaties and conventions. Behind many of its rules is only a moral sanction: the public opinion of the civilized world. When treaties or conventions are involved, however, machinery to enforce them exists—either an arbitration or conciliation procedure or the submission of the dispute to a regional or international court.

A discernible body of rules and principles is observed or at least acknowledged in international relations. These rules concern such matters as territorial titles and boundaries, use of the high seas, limits on war, telecommunication, diplomatic and consular exchange, and use of air space. The major sources of international law on these matters are multilateral treaties, international custom, and such general principles as are recognized by civilized nations.

The United Nations is one of the primary mechanisms that articulate and create international law. The General Assembly and other agencies of the UN bring a combination of diplomacy, negotiation, and propaganda to bear on world affairs in ways that produce effective international treaties and affect world opinion. Certain courts also have indirect impact, including the International Court of Justice. Domestic courts in various nations at times also engage in the articulation of international law.

International Law, Private; League of Nations; Administrative Law; Constitution.

Source: Microsoft ® Encarta ® Encyclopedia 2003. © 1993-2002 Microsoft Corporation.  

GOOD MORAL CHARACTER -  what a person really is, as distinguished from good reputation, or from the opinion generally entertained of him, or the estimate in which he is held by the public in the place where he is known. (Bar Matter No. 1154)

IMMORAL CONDUCT – such conduct which is so willful, flagrant, or shameless as to show indifference to the opinion of good and respectable members of the community. (Zaguirre v. Castillo, 446 Phil. 867 (2003) )

ELECTION LAW

PRE-PROCLAMATION CASES – refer to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the Commission, or any matter raised under Section 233, 234, 235 and 236 in relation to the preparation, transmission, receipts, cutody and appreciation of election returns. Defects and irregularities are apparent from a physical inspection of the election returns (Jainal v. Comm. On elections G. R. No. 174551, March 7, 2007)

Articles of Partnership , according to Wikepedia, is a voluntary contract between two or among more than two persons to place their capital, labor, and skills, and corporation in business with the understanding that there will be a sharing of the profits and losses between/among partners

Principal Components of Articles of Partnership

There are many parts that should be included in any articles of partnership. These are:

• Names of included parties – includes all names of people participating in this contract
• Commencement of partnership- includes when the partnership should begin. The date of the contract is assumed as this date, if none is given.
• Duration of partnership – includes how long the partnership should last. It is automatically assumed that the death of one of the contracting parties breaks the contract, unless otherwise stated.
• Business to be done – includes exactly what will be done in this partnership. This section should be very particular to avoid confusion and loopholes.
• Name of firm – includes the name of the business entity.
• Initial investments – includes how much each partner will invest immediately or by installments.
• Division of profits and losses – includes what percentages of profits and losses each partner will receive. If it is not a limited partnership, then there is unlimited liability (each partner is responsible for all partners’ debts, including their own).
• Ending of the business – includes what happens when the business winds down. Usually this includes three parts: 1) All assets are turned into cash and divided among the members in a certain proportion; 2) one partner may purchase the others’ shares at their value; 3) all property is divided among the members in their proper proportions.
• Date of writing – includes simply the date that the contract was written.

[edit] Common Components of Articles of Partnership

There are also multiple sections which are often included as well in articles of partnership, based on the circumstance. These are:

• Leadership – includes the granting of one partner the rights to manage and administer the business or a specific department.
• Majority management – includes the authorization of a majority of partners to manage the affairs of the entire partnership. This is particularly common where there are numerous partners.
• Annual account – includes provisions to account for, annually, the property and debts of the business.
• Consistent interest – includes the forbidding of any partner to carry out business unrelated to the partnership. This is usually implied in articles of partnership.
• Misconduct expulsion – includes the allowance of expelling partners who commit gross misconduct or becomes insolvent, bankrupt, etc. This is particularly common where there are numerous partners.
• Resolution of dispute – includes the submission of arguments to arbitration

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.

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients; and I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God.

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