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Political Law Bar Exam Questionnaire

This document contains a political law bar exam questionnaire covering several topics: 1) It asks to compare and differentiate between the concepts of initiative and referendum under the Philippine Constitution. 2) It asks to list four legal effects of a presidential declaration of a "state of calamity" in the Province of Aurora following typhoons and rains. 3) It asks to enumerate the rights of a coastal state in the exclusive economic zone under international law. The document then presents two hypothetical legal cases involving issues of sovereign immunity, diplomatic immunity, and an alleged drug trafficking charge. It concludes with questions about citizenship status and qualifications to run for elected office.

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Charmaine Mejia
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2K views3 pages

Political Law Bar Exam Questionnaire

This document contains a political law bar exam questionnaire covering several topics: 1) It asks to compare and differentiate between the concepts of initiative and referendum under the Philippine Constitution. 2) It asks to list four legal effects of a presidential declaration of a "state of calamity" in the Province of Aurora following typhoons and rains. 3) It asks to enumerate the rights of a coastal state in the exclusive economic zone under international law. The document then presents two hypothetical legal cases involving issues of sovereign immunity, diplomatic immunity, and an alleged drug trafficking charge. It concludes with questions about citizenship status and qualifications to run for elected office.

Uploaded by

Charmaine Mejia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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POLITICAL LAW BAR EXAM

QUESTIONNAIRE

I.
a) The present Constitution introduced the concepts and processes of
Initiative and Referendum. Compare and differentiate one from the other.

b) To give the much needed help to the Province of Aurora which was
devastated by typhoons and torrential rains, the President declared it in a
“state of calamity.” Give at least four (4) legal effects of such declaration.

c) Enumerate the rights of the coastal state in the exclusive economic zone.

II.
1. Italy, through its Ambassador, entered into a contract with Abad for the
maintenance and repair of specified equipment at its Embassy and
Ambassador’s Residence, such as air conditioning units, generator sets,
electrical facilities, water heaters, and water motor pumps. It was
stipulated that the agreement shall be effective for a period of four years
and automatically renewed unless cancelled. Further, it provided that any
suit arising from the contract shall be filed with the proper courts in the
City of Manila.

Claiming that the Maintenance Contract was unilaterally, baselessly


and arbitrarily terminated, Abad sued the State of Italy and its
Ambassador before a court in the City of Manila. Among the defenses
they raised were “sovereign immunity” and “diplomatic immunity”.

a) As counsel of Abad, refute the defenses of “sovereign immunity” and


“diplomatic immunity” raised by the State of Italy and its Ambassador.

b) At any rate, what should be the court’s ruling on the said defenses?

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2. Adams and Baker are American Citizens residing in the Philippines.
Adams befriended Baker and became a frequent visitor at his house. One
day, Adams arrived with 30 members of the Philippine National Police,
armed with a Search Warrant authorizing the search of Baker’s house and
its premises for dangerous drugs being trafficked to the United States of
America.

The search purportedly yielded positive results, and Baker was


charged with Violation of the Dangerous Drugs Act. Adams was the
prosecution’s principal witness. However for failure to prove his guilt beyond
reasonable doubt, Baker was acquitted.

Baker then sued Adams for damages for filing trumped up charges
against him. Among the defenses raised by Adams is that he has diplomatic
immunity, conformably with the Vienna Convention on Diplomatic Relations.
He presented Diplomatic Notes from the American Embassy stating that he
is an agent of the United States Drug Enforcement Agency tasked with
“conducting surveillance operations” on suspected drug dealers in the
Philippines believed to be the source of prohibited drugs being shipped to
the U.S. It was also stated that after having ascertained the target, Adams
would then inform the Philippine narcotic agents to make the actual arrest.

a) As counsel of plaintiff Baker, argue why his complaint should not be


dismissed on the ground of defendant Adam’s diplomatic immunity
from suit.

b) As counsel of defendant Adams, argue for the dismissal of the


complaint.

III.
a) Miguel Sin was born a year ago in China to a Chinese father and a Filipino
mother. His parents met in Shanghai where they were lawfully married just
two years ago. Is Miguel Sin a Filipino citizen?

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b) Juan Cruz was born of Filipino parents in 1960 in Pampanga. In 1985, he
enlisted in the US Marine Corps and took an oath of allegiance to the United
States of America. In 1990, he was naturalized as an American citizen. In
1994, he was repatriated under RA No. 2430. During the 1998 National
Elections, he ran for and was elected representative of the First District of
Pampanga where he resided since his repatriation. Was he qualified to run
for the position? Explain.

IV.

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