2007 Bar Examination Questions

7 05 2008

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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