2012 LABOR LAW 1. The workers worked as cargadores at the warehouse and ricemills of farm A for several years.

As cargadores, they loaded, unloaded and pilled sacks of rice from the warehouse to the cargo trucks for delivery to different places. They were paid by Farm A on a piece-rate basis. Are the workers considered regular employees? a. Yes, because Farm A paid wages directly to these workers without the intervention of any third party independent contractor; b. Yes, their work is directly related, necessary and vital to the operations of the farm; c. No, because Farm A did not have the power to control the workers with respect to the means and methods by which the work is to be accomplished; d. A and B. 2. The following are excluded from the coverage of Book III of the Labor Code of the Philippines (Conditions of employment) except: a. Field personnel; b. Supervisors; c. Managers; d. Employees of government-owned and controlled corporations. 3. Work may be performed beyond eight (8) hours a day provided that: a. Employee is paid for overtime work an additional compensation equivalent to his regular wage plus at least 25% thereof; b. Employee is paid for overtime work an additional compensation equivalent to his regular wage plus at least 30% thereof; c. Employee is paid for overtime work an additional compensation equivalent to his regular wage plus at least 20% thereof; d. None of the above. 4. May the employer and employee stipulate that the latters regular or basic salary already includes the overtime pay, such that when the employee actually works overtime he cannot claim overtime pay? a. Yes, provided there is a clear written agreement knowingly and freely entered into by the employees; b. Yes, provided the mathematical result shows that the agreed legal wage rate and the overtime pay, computed separately, are equal to or higher than the separate amounts legally due; c. No, the employer and employee cannot stipulate includes the overtime pay; d. A and B. 5. The following are instances where an employer can require an employee to work overtime, except: a. In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety; b. When the country is at war or when other national or local emergency has been declared by the national assembly or the chief executive; c. When there is urgent work to be performed on machines, installations, or equipment or some other cause of similar nature;

Where the completion or contribution of the work started before the eight hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer. 6. Z owns and operates a carinderia. His regular employees are his wife, his two (2) children, the family maid, a cook, two (2) waiters, a dishwasher and a janitor. The family driver occasionally works for him during store hours to make deliveries. On April 09, the dishwasher did not report for work. The employer did not give his pay for that day. Is the employer correct? a. No, because employees have a right to receive their regular daily wage during regular holidays; b. Yes, because April 09 is not regular holidays; c. Yes, because of the principle of "a fair days wage for a fair days work"; d. Yes, because he employs less than ten (10) employees. 7. For misconduct or improper behavior to be just cause for dismissal, the following guidelines must be met,except: a. It must be serious; b. It must relate to the performance of the employees duties; c. It should not be used as a subterfuge for causes which are improper, illegal or unjustified; d. It must show that the employee has become unfit to continue working for the employer. 8. The Company lawyer sent a memo to the employee informing him of the specific charges against him and giving him an opportunity to explain his side. In a subsequent letter, the employee was informed that, on the basis of the results of the investigation conducted, his written explanation, the written explanation of other employees as well as the audit report, the management has decided to terminate his employment. The employee contended that his termination was illegal for lack of procedural due process. Is the employees contention correct? a. No, the employees written explanation and written explanation of the other employees were sufficient basis for the employer to terminate his employment; b. Yes, because the employer did not abide by the two-notice rule; c. Yes, because he was not properly afforded the chance to explain his side in a conference; d. No, because the written notice of the cause of dismissal afforded him ample opportunity to be heard and defend himself, and the written notice of the decision to terminate him which states the reasons therefor, complies with the two-notice rule. 9. The Supreme Court categorically declared that separation pay shall be allowed as a measure of social justice only in those instances where the employee is validly dismissed for cause other than: a. Serious Misconduct; b. Gross and habitual neglect of duties; c. Willful disobedience to lawful orders; d. Fraud or willful breach of trust. 10. K is a legitimate contractor hired by G for six (6) months. On the third month, G remitted to K the salaries and wages of the employees. However, K absconded with the money leaving the employees unpaid. The disgruntled employees

d.

11.

12.

13.

14.

15.

demanded from G the payment of their salaries. Is G liable? a. No, because G has already remitted the employees salaries to K, validly excusing G from liablity; b. Yes, because he is jointly and solidarily liable for whatever monetary claims the employees may have against K; c. Yes, because of the principle of "a fair days wage for a fair days work"; d. B and C. Corporation X is owned by Ls family. L is the President. M, Ls wife, occasionally gives loans to employees of Corporation X. It was customary that loan payment were paid to M by directly deducting from the employees monthly salary. Is this practice of directly deducting payments of debts from the employees wages allowed? a. Yes, because where the employee is indebted to the employer, it is sanctioned by the law on compensation under Article 1706 of the Civil Code; b. Yes, because it has already become customary such that no express authorization is required; c. No, because an employees payment of obligation to a third person is deductible from the employees wages if the deduction is authorized in writing; d. No, because Article 116 of the Labor Code absolutely prohibits the withholding of wages and kickbacks. Article 116 provides for no exception. Union X staged a strike in front of Company B because of A CBA deadlock. During the strike, Company B hired replacement workers. Upon resuming their employment, the strikers found that Company B hired replacement workers in their place. Is Company B obliged to reinstate the returning workers? a. No, because the strike caused work stoppage; b. No, because it is a valid exercise of management prerogative; c. Yes, because workers who go on strike do not lose their employment status; d. Yes, because workers are entitled to such retention every time during a valid strike. Which of the following is not a valid reason for a strike? a. There is a bargaining deadlock; b. There is a prevailing intra-union dispute; c. The company engaged in unfair labor practice; d. Theirs is a flagrant violation of CBAs economic provisions. Iya, 15 years old, signed up to model a clothing brand. She worked from 9am to 4pm on weekdays and 1pm to 6pm on Saturdays for two (2) weeks. She was issued a child working permit under RA 9231. Which of the following statements is the most accurate? a. Working permit for Iyas employment is not required because the job is not hazardous; b. Her work period exceeds the required working hours for children aged 15 years old; c. To require a 15-year old to work without obtaining the requisite working permit is a form of child labor; d. Iya, who was engaged in a work that is not child labor, is a working child. Under employees compensation, the so-called "Theory of Increased Risks" is relevant when:

16.

17.

18.

19.

20.

21.

There is a need to categorize a disability as permanent and total; b. It is not clear as to how an injury was sustained; c. The ailment or sickness is not classified as an occupational disease; d. There is a prima facie finding that the employee had willful intention to hurt himself. Which of the frollowing injuries/death is not compensable? a. Injuries sustained by a technician while at a field trip initiated by the Union and sponsored by the Company; b. Injuries received by a jani tor at a Union election meeting; c. Death of a bank teller because of a bank robbery; d. Death of a professor who was hit by a van on his way home from work. The provisions of the Labor Code on the Working Conditions and Rest Periods of employees are inapplicable to the following employees, except : a. A supervisor in a fast food chain; b. A family driver; c. A laborer without any fixed salary, but receving a compensation depending upon the result of his work; d. A contractual employee. Bugay, an employee with only six (6) months of service, was dismissed due to redundancy. He is, under Art. 283 of the Labor Code, entitled to a separation pay of: a. One (1) month pay; b. One (1) year pay, Art. 283 of the Labor Code being explicit that "a fraction of at least six (6) months shall be considered one ( 1) whole year"; c. Six (6) months pay; d. One (1) year and six (6) months pay, as Art. 4 of the Labor Code mandates that "(a)ll doubts in the implementation and interpretation of this Code xxx shall be resolved in favor of labor". The power to suspend or cancel a license to recruit employees is vested on: a. The Secretary of Labor and Employment; b. The POEAAdministrator; c. A and B 'concurrently; d. Neither of them. The State shall allow the deployment of overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. Which of the following is not a guarantee, on the part of the receiving country, for the protection of the rights of OFW's? a. It has existing labor and social laws protecting the rights of migrant workers; b. It promotes and facilitates re-integration of migrants into the national mainstream; c. It is a signatory to and/or ratifier of multilateral conventions, declarations or resolutions relating to the protection of migrant workers; d. It has concluded a bilateral agreement or arrangement with the government on the protection of the rights of overseas Filipino workers. Which is not a procedural requirement for the correction of wage distortion in an unorganized establishment? a. Both employer and employee will attempt to correct the distortion; b. Settlement of the dispute through National Conciliation and Mediation Board (NCMB);

a.

22.

23.

24.

25.

26.

27.

Settlement of the dispute through voluntary arbitration in case of failure to resolve dispute through CBA dispute mechanism; d. A and B. In what situation is an employer permitted to employ a minor? a. 16-year old child actor as a cast member in soap opera working 8 hours a day, 6 days a week; b. A 17-year old in deep sea-fishing; c. A 17 -year old construction worker; d. A 17-year old assistant cook in a family restaurant. The most important factor in determining the existence of an employer-employee relationship is the: a. Power to control the method by which employees are hired and selected; b. Power to control the manner by which employees are transferred from one job site to another; c. Power to control the results achieved by giving guidelines to the employees; d. Power to control the results to be achieved and the employee's method of achieving the task. A neighbor's gardener comes to you and asks for help because his employer withheld his salary for two (2) months amounting to P4,000.00. Where will you advise him to file his complaint? a. Labor Arbiter; b. DOLE Regional Director; c. Conciliator/Mediator; d. MTC Judge. What is the nature of the liabilities of the local recruitment agency and its foreign principal? a. The local agency is jointly liable with the foreign principal; severance of relations between the local agent and the foreign principal dissolves the liability of the local agent recruiter; b. Local agency is solidarily liable with the foreign principal; severance of relations between the local agent and the foreign principal dissolves the liability of the foreign principal. only; c. Local agency is solidarily liable with the foreign principal; severance of relations between the local agent and foreign principal does not affect the liability of the foreign principal; d. Local agency is jointly liable with the foreign principal; severance of the relations between the local agent and the foreign principal does not affect the liability of the local recruiter. Which phrase is the most accurate to complete the statement - A private employment agency is any person or entity engaged in the recruitment and placement of workers: a. for a fee, which is charged directly from the workers. b. for a fee, which is charged directly from employers. c. for a fee, which is charged directly or indirectly from workers, employers or both. d. for a fee, which is charged from workers or employers, which covers both local and overseas employment. Who has jurisdiction over a money claim instituted by an overseas Filipino worker? a. Labor Arbiter; b. National Labor Relations Commission;

c.

28.

29.

30.

31.

32.

33.

34.

Labor Arbiter concurrently with the regular courts.; d. National Labor Relations Commission concurrently with the regular courts. Which of the following is not a valid wage deduction? a. Where the worker was insured with his consent by the employer, and the deduction is allowed to recompense the employer for the amount paid by him as the premium on the insurance; b. When the wage is subject of execution or attachment, but only for debts incurred for food, shelter, clothing and medical attendance; c. Payment for lost or damaged equipment provided the deduction does not exceed 25/o of the employee's salary for a week; d. Union dues. Is the contractor a necessary party in a case where labor contracting is the main issue and labor-only contracting is found to exist? a. Yes, the contractor is necessary in the full determination of the case as he is the purported employer of the worker; b. Yes, no full remedy can be granted and executed without impleading the purported contractor; c. No, the contractor becomes a mere agent of the employer-principal in labor contracting; d. No, the contractor has no standing in a labor contracting case. Who among the following is not entitled to 13th month pay? a. Stephanie, a probationary employee of a cooperative bank who rendered six (6) months of service during the calendar year before filing her resignation; b. Rafael, the secretary of a Senator; c. Selina, a cook employed by and who lives with an old maid and who also tends the sari-sari store of the latter; d. Roger, a house gardener who is required to report to work only thrice a week. Which type of employee is entitled to a service incentive leave? a. managerial employees; b. field personnel; c. government workers; d. part-time workers. A wage order may be reviewed on appeal by the National Wages and Productivity Commission under these grounds, except: a. grave abuse of discretion; b. non-conformity with prescribed procedure; c. questions of law; d. gross under or over-valuation. The following may file a Petition for Certification Election, except: a. The employer; b. The legitimate labor organization; c. The Federation on behalf of the chapter; d. The Workers' Association. The following are grounds to deny the Petition for Certification Election, except: a. The petitioning union is illegitimate or improperly registered; b. Non-appearance for two consecutive schedules before the Med-Arbiter by petitioning union;

c.

The inclusion of members outside the bargaining unit; d. Filed within an existing election bar. 35. In response to Company X's unfair labor practices, a union officer instructed its members to stop working and walk out of the company premises. After three (3) hours, they voluntarily returned to work. Was there a strike and was it a valid activity? Yes, it was a strike; yes, it was a valid activity; Yes, it was a strike; no, it was not a valid activity; No, it was not a strike; yes, it was a valid activity; No, it was not a strike; no, it was not a valid activity. Which of the following is not considered an employer by the terms of the Social Security Act? a. A self-employed person; b. The government and any of its political subdivisions, branches or instrumentalities, including corporations owned or controlled by the government; c. A natural person, domestic or foreign, who carries on in the Philippines, any trade, business, industry, undertaking or activity of any kind and uses the services of another person who is under his orders as regards the employment; d. A foreign corporation. Jennifer, a receptionist at Company X, is covered by the SSS. She was pregnant with her fourth child when she slipped in the bathroom of her home and had a miscarriage. Meanwhile, Company X neglected to remit the required contributions to the SSS. Jennifer claims maternity leave benefits and sickness benefits. Which of these two may she claim? a. None of them; b. Either one of them; c. Only maternity leave benefits; d. Only sickness benefits. H files for a seven-day paternity leave for the purpose of lending support to his wife, W, who suffered a miscarriage through intentional abortion. W also filed for maternity leave for five weeks. H and W are legally married but the latter is with her parents, which is a few blocks away from H's house. Which of the following statements is the most accurate? a. Paternity leave shall be denied because it does not cover aborted babies; b. Paternity leave shall be denied because W is with her parents; c. Maternity leave shall be denied because it does not cover aborted babies; d. Maternity leave shall be denied because grant of paternity leave bars claim for maternity leave. Which of the following is not a privilege of a person with disability under the Magna Carta for disabled persons? a. At least 20%_ discount on purchase of medicines in all drugstores; b. Free transportation in public railways; c. Educational assistance in public and private schools through scholarship grants; d. A and C. Which of the following is not a regular holiday? a. New Year's Eve; a. b. c. d.

c.

41.

42.

36.

43.

37.

44.

38.

45.

46.

39.

47.

40.

b. Eidil Fitr; c. Father's Day; d. lndepenaence Day. Which is a characteristic of a labor-only contractor? a. Carries an independent business different from the employer's; b. The principal's liability extends to all rights, duties and liabilities under labor standards laws including the right to self-organization; c. No employer-employee relationship; d. Has sufficient substantial capital or investment in machinery, tools or equipment directly or intended to be related to the job contracted. What is not an element of legitimate contracting? a. The contract calls for the performance of a specific job, work or service; b. It is stipulated that the performance of a specific job, work or service must be within a definite predetermined period; c. The performance of specific job, work or service has to be completed either within or outside the premises of the principal; d. The principal has control over the performance of a specific job, work or service. Which is a characteristic of the learner? a. A person is hired as a trainee in an industrial occupation; b. Hired in a highly technical industry; c. Three (3) months practical on-the-job training with theoretical instruction; d. At least 14 years old. What is not a prerequisite for a valid apprenticeship agreement? a. Qualifications of an apprentice are met; b. A duly executed and signed apprenticeship agreement; c. The apprenticeship program is approved by the Secretary of Labor; d. Included in the list of apprenticeable occupation of TESDA. Which is not a constitutional right of the worker? a. The right to engage in peaceful concerted activities; b. The right to enjoy security of tenure; c. The right to return on investment; d. The right to receive a living wage. Employee-employer relationship exists under the following, except : a. Jean, a guest relations officer in a nightclub and Joe, the nightclub owner; b. Atty. Sin' Cruz, who works part-time as the resident in house lawyer of X Corporation; c. Paul, who works as registered agent on commission basis in an insurance company; d. Jack and Jill, who work in X Company, an unregistered Association. With respect to legitimate independent contracting, an employer or one who engages the services of a bona fide independent contractor is a. An indirect employer, by operation of law, of his contractor's employees; he becomes solidarily liable with the contractor not only for unpaid wages but also for all the rightful! claims of the employees under the Labor Code;

48.

49.

50.

51.

52.

Treated as direct employer of his contractor's employees in all instances; he becomes subsidiarily liable with the contractor only in the event the latter fails to pay the employees' wages and for violation of labor standard laws; c. An indirect employer, by operation of law, of his contractor's employees; he becomes solidarily liable with the contractor only in the event the latter fails to pay the employees' wages and for violation of labor standard laws; d. Treated as direct employer of his contractor's employees in all instances; the principal becomes solidarily liable with the contractor not only for unpaid wages but also for all the rightful claims of the employees under the Labor Code; Kevin, an employee of House of Sports, filed a complaint with the DOLE requesting the investigation and inspection of the said establishment for labor law violations such as underpayment of wages, non-payment of 13th month pay, non-payment of rest day pay, overtime pay, holiday pay, and service incentive leave pay. House of Sports alleges that DOLE has no jurisdiction over the employees' claims where the aggregate amount of the claims of each employee exceeds P5,000.00, whether or not accompanied with a claim for reinstatement. Is the argument of House of Sports tenable? a. Yes, Article 1 ~9 of the Labor Code shall apply, and thus, the Labor Arbiter has jurisdiction; b. No, Article 128 (b) of the Labor Code shall apply, and thus, the DOLE Regional Director has jurisdiction; c. Yes, if the claim exceeds P5,000.00, the DOLE Secretary loses jurisdiction; d. No, a voluntarily arbitrator has jurisdiction because the matter involved is a grievable issue. Which of the following is not compensable as hours worked? a. Travel away from home; b. Travel from home to work; c. Working while on call; d. Travel that is all in a day's work. It is defined as any union or association of employees which exists in whole or in part for the purpose of collective bargaining with employers concerning terms and conditions of employment. a. Bargaining representative; b. Labor organization; c. Legitimate labor organization; d. Federation. This process refers to the submission of the dispute to an impartial person for determination on the basis of the evidence and arguments of the parties. The award is enforceable to the disputants. a. Arbitration; b. Mediation; c. Conciliation; d. Reconciliation. The Regional Director or his representative may be divested of his enforcement and visitorial powers under the exception clause of Article 128 of the Labor Code and, resultantly, jurisdiction may be vested on the labor arbiter when three (3) elements are present. Which of the following is not one of the three (3) elements? a. Employer contests the findings of the labor regulations officers and raises issues thereon;

b.

53.

54.

55.

56.

In order to resolve any issues raised, there is a need to examine evidentiary matters; c. The issues raised should have been verifiable during the inspection; d. The evidentiary matters are not verifiable in the normal course of inspection . In what instances do labor arbiters have jurisdiction over wage distortion cases? a. When jurisdiction is invoked by the employer and employees in organized establishments; b. When the case is unresolved by Grievance Committee; c. After the panel of voluntarily arbitrators has made a decision and the same is contested by either party; d. In unorganized establishments when the same is not voluntarily resolved by the parties before the NCMM. Is a termination dispute a grievable issue? a. Yes, if the dismissal arose out of the interpretation or Implementation of the CBA; b. No, once there's actual termination, the issue is cognizable by a Labor Arbiter; c. Yes, it is in the interest of the parties that the dispute be resolved on the establishment level; d. No, a voluntary arbitrator must take cognizance once termination is made effective. Peter worked for a Norwegian cargo vessel. He worked as a deckhand, whose primary duty was to assist in the unloading and loading of cargo and sometimes, assist in cleaning the ship. He signed a five-year contract starting in 2009. In 2011, Peter's employers began treating him differently. He was often maltreated and his salary was not released on time. These were frequently protested to by Peter. Apparently exasperated by his frequent protestations, Peter's employer, a once top official in China, suddenly told him that his services would be terminated as soon as the vessel arrived at the next port, in Indonesia. Peter had enough money to go back home, and immediately upon arriving, he filed a money claim with the NLRC against his former employer's local agent. Will Peter's case prosper? a. Yes, he is entitled to full reimbursement of his placement fee, with' interest at 12/o per annum, plus salary for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired portion, whichever is higher; b. Yes, he is entitled to full reimbursement of his placement fee, with interest at 12% per annum, plus his salary for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired portion, whichever is less; c. Yes, he is entitled to his salaries for the unexpired portion of his employment contract, plus full reimbursement of his placement fee with interest at 12/o per annum; d. Yes, he is entitled to his salaries for three (3) months for every year of the unexpired portion of his employment contract, plus full reimbursement of his placement fee with interest at 12/o per annum. The following are exempt from the rules on minimum wages, except:

b.

57.

58.

59.

60.

61.

Household or domestic helpers; . Homeworkers engaged in needle work; Workers' in duly registered establishment in the cottage industry; d. Workers in the duly registered cooperative. Which of the following is a right and/or condition of membership in a labor organization? a. No arbitrary or excessive initiation fees shall be required of the members of a legitimate labor organization nor shall arbitrary, excessive or oppressive fine and forfeiture be imposed; b. The members shall be entitled to full and detailed reports from their officers and representatives of all financial transactions as provided for in the constitution and bylaws of the organization; c. No labor organization shall knowingly admit as members or continue in membership any individual who belongs to a subversive organization or who is engaged directly or indirectly in any subversive activity; d. All of the above. Which phrase most accurately completes the statement Members of cooperatives: a. can invoke the right to collective bargaining because it is a fundamental right under the Constitution. b. can invoke the right to collective bargaining because they are permitted by law. c. cannot invoke the right to collective bargaining because each member is considered an owner. d. cannot invoke the right to collective bargaining because they are expressly prohibited by law. Which of the following is not true in unfair labor practices committed by an employer? a. Unfair labor practices cannot be committed unless the union has been formed and registered; b. The commission of unfair labor practice requires an employer-employee relationship; c. The offense of unfair labor practice prescribes in one ( 1) year; d. The list of unfair labor practices is exclusive. Which of the following is correct with respect to the extent of the application of security of tenure? a. It applies to managerial and to all rank-and-file employees i f not yet regular, but not to management trainees; b. It applies to managerial and to all rank-and-file employees including those under probation; c. It applies to seasonal and project employees, if they are hired repeatedly; d. It applies to all kinds of employees except those employed on a part-time basis. Which of the following is not a procedural due process requirement in the termination of an employee for just cause? a. A written notice to the employee specifying the grounds for his termination; b. A written notice to the DOLE at least thirty (30) days before the effectivity of termination; c. A written notice to the employee stating that upon consideration of the circumstances, grounds have been established to justify his termination; d. An opportunity for the employee to present his evidence.

a. b. c.

62. Under current jurisprudence, when the dismissal is for a just or authorized cause but due process is not observed, the dismissal is said to be: a. Void for denial of due process; hence, the employee should be reinstated; b. Void for lack. of due process, the employee should be paid full backwages; c. Valid, for the dismissal is with just/authorized cause, but the employer shall be liable for nominal damages; d. Valid, even if due process is not observed, hence reinstatement should not be ordered. 63. What is the quantum of evidence required in labor cases? a. The degree of proof which produces the conclusion that the employee is guilty of the offense charged in an unprejudiced mind; b. Such amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion; c. That degree of proof which is greater in weight than the opposing party's evidence; d. Such evidence which must be highly and substantially more probable to be true than not which convinces the trier of facts of its factuality. 64. Which of the following statements is the most accurate? a. Domestic helpers with monthly income of at least P3,000.00 are compulsory members of the SSS Law; b. House helpers with monthly income of at least P2,000.00 are compulsory members of the SSS Law; c. Domestic helpers, 55 years of age and who worked for at least five (5) years, are covered by the Retirement Pay Law under optional retirement, in the absence of a CBA; d. Domestic helpers in the personal service of another are not entitled to 13th month pay. 65. The decision of the Labor Arbiter in a labor dispute case is: a. immediately executory; b. requires a writ of execution; c. is immediately executory insofar as the reinstatement of the employee is concerned; d. is stayed by the appeal of the employer and posting of appeal bond. 66. Which of the following is cognizable by the Bureau of Labor Relations Med-Arbiters? a. Unfair labor practice for violation of the CBA filed by the Workers Union of Company X against Company X; b. Claim for back wages filed by overseas contract worker Xena against her Saudi Arabian employer; c. Contest for the position of MG Union President brought by Ka Joe, the losing candidate in the recent union elections; d. G contesting his removal as Chief Executive Officer of Company Z. 67. J refused to comply with his deployment assignment with K, a manning agency. K filed a complaint against him for breach of contract before the Philippine Overseas Employment Administration (POEA). The POEA penalized J with one (1) year suspension from overseas deployment. On appeal, the suspension was reduced to six (6) months by the Secretary of Labor. Is the remedy of appeal still available to J and where should he file his appeal?

68.

69.

70.

71.

72.

Yes, he can file an appeal before the Court of Appeals via a Petition for Certiorari under rule 65; b. Yes, he can file an appeal before the Supreme Court via a Petition for Certiorari under Rule 65; c. Yes, he can file an appeal before the Office of the President since this is an administrative case; d. Yes, he can file an appeal before the National Labor Relations Commission because there is an employer-employee relationship. R was employed as an instructor of Cruz College located in Santiago City, lsabela. Pursuant to a stipulation in R's employment contract that the college has the prerogative to assign R in any of its branches or tie-up schools as the necessity demands, the college proposed to transfer him to llagan, a nearby town. R filed a complaint alleging constructive dismissal since his re-assignment will entail an indirect reduction of his salary or diminution of pay considering that additional allowance will not be given to cover for board and lodging expenses. R, however, failed to prove that allowances were given in similar instances in the past. Is R's contention that he will suffer constructive dismissal in view of the alleged diminution of benefit correct? a. Yes, such transfer should require an automatic additional allowance; the non-granting of said allowance amounts to a diminution of benefit; b. No, R failed to present evidence that the college committed to provide the additional allowance or that they were consistently granting such benefit as to have ripened into a practice which cannot be peremptorily withdrawn. Hence, there is no violation of the rule against diminution of pay; c. No, R's re-assignment did not amount to constructive dismissal because the college has the right to transfer R based on contractual stipulation; d. B and C. At what particular point does a labor organization acquire a legal personality? a. On the date the agreement to organize the un1on is signed by the majority of all its members; b. On the date the application for registration is duly filed with the Department of Labor.; c. On the date appearing on the Certificate of Registration; d. On the date. the Certificate of Registration is actually issued. How many years of service is the underground mine employee required to have rendered in order to be entitled to retirement benefits? a. 5; b. 10; c. 15; d. 20. What is the prescriptive period of all criminal offenses penalized under the Labor Code and the Rules Implementing the Labor Code? a. 3 years; b. 4 years; c. 5 years; d. 10 years. What is the nature of employment of househelpers? a. Seasonal; b. Fixed-term; c. Regular;

a.

d. Probationary. 73. The appeal to the NLRC may be entertained only on any of the following grounds, except: a. If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter; b. If the decision, order or award was secured through fraud or coercion, including graft and corruption; c. If made purely on questions of fact and law; d. If serious errors in the findings of facts are raised which would cause grave or irreparable damage or injury to the appellant 74. The following are unfair labor practices of employers, except: a. Interrogating its employees in connection with their membership in the union or their union activities which hampers their exercise of free choice; b. The grant of profit-sharing benefits to managers, supervisors and all rank-and-file employees not covered by the CBA; c. The cessation of a company's operations shortly after the organization of a labor union and the resumption of business barely a month after; d. Withdrawal by the employer of holiday pay benefits stipulated under a supplementary agreement with the union. 75. According to Article 78 of the Labor Code., a handicapped worker is one whose earning capacity is impaired by the following, except : a. Age; b. Physical Deficiency; c. Mental Deficiency; d. Psychological Deficiency. - NOTHING FOLLOWS 2012 LABOR LAW Set B I. a. b. Distinguish Labor-Only contracting and Job-Only contracting. (5%) A deadlock in the negotiations for the collective bargaining agreement between College X and the Union prompted the latter, after duly notifying the DOLE, to declare a strike on November 5. The strike totally paralyzed the operations of the school. The Labor Secretary immediately assumed jurisdiction over the dispute and issued on the same day (November 5) a return to work order. Upon receipt of the order, the striking union officers and members, on November 1, filed a Motion for Reconsideration thereof questioning the Labor Secretary's assumption of jurisdiction, and continued with the strike during the pendency of their motion. On November 30, the Labor Secretary denied the reconsideration of his return to work order and further noting the strikers' failure to immediately return to work, terminated their employment. In assailing the Labor Secretary's decision, the Union contends that: BAR EXAMINATIONS

1.

2.

3.

The Labor Secretary erroneously assumed jurisdiction over the dispute since College X could not be considered an industry indispensable to national interest; The strikers were under no obligation to immediately comply with the November 5 return to work order because of their then pending Motion for Reconsideration of such order; and The strike being legal, the employment of the striking Union officers and members cannot be terminated. Rule on these contentions. Explain. (5%)

officers, and all the same subscribers. From the General Information Sheet filed by both companies, it also showed that they shared the same address and/or premises. . Both companies also hired the same accountant who prepared the books for both companies. X and his co-employees amended their Complaint with the Labor Arbiter to hold Construction Corporation 8 joint and severally liable with Construction Company A for illegal dismissal, backwages and separation pay. Construction Company 8 interposed a Motion to Dismiss contending that they are juridical entities with distinct and separate personalities from Construction Corporation A and therefore, they cannot be held jointly and severally liable for the money claims of workers who are not their employees. Rule on the Motion to Dismiss. Should it be granted or denied? Why? (5%) IV. a. Juicy Bar and Night Club allowed by tolerance fifty (50) Guest Relations Officers (GROs) to work without compensation in its establishment under the direct supervision of its Manager from 8:00 P.M. To 4:00 A.M. everyday, including Sundays and holidays. The GROs, however, were free to ply their trade elsewhere at anytime, but once they enter the premises of the night club, they Were required to stay up to closing time. The GROs earned their keep exclusively from commissions for food and drinks, and tips from generous customers. In time, the GROs formed the Solar Ugnayan ng mga Kababaihang lnaapi (SUKI), a labor union duly registered with DOLE. Subsequently, SUKI filed a petition for Certification Election in order to be recognized as the exclusive bargaining agent of its members. Juicy Bar and Night Club opposed the petition for Certification Election on the singular ground of absence of employer-employee relationship between the GROs on one hand and the night club on the other hand. May the GROs form SUKI as a labor organization for purposes of collective bargaining? Explain briefly. (5%) A spinster school teacher took pity on one of her pupils, a robust and precocious 12-year old boy whose poor family could barely afford the cost of his schooling. She lives alone at her house near the School after her housemaid had left. In the afternoon, she lets the boy do various chores as cleaning, fetching water and all kinds of errands after school hours. She gives him rice and P100.00 before the boy goes home at 7:00 every night. The school principal learned about it and charged her with violating the law which prohibits the employment of children below 15 years of age. In her defense, the teacher stated that the work performed by her pupil is not hazardous. Is her defense tenable? Why? (5%)

II. In the Collective Bargaining Agreement (CBA) between Dana Films and its rank-and-file Union (which is directly affiliated with MMFF, a national federation), a provision on the maintenance of membership expressly provides that the Union can demand the dismissal of any member employee who commits acts of disloyalty to the Union as provided for in its Constitution and By-Laws. The same provision contains an undertaking by the Union (MMFF) to hold Dana Films free from any and all claims of any employee dismissed. During the term of the CBA, MMFF discovered that certain employee-members were initiating a move to disaffiliate from MMFF and join a rival federation, FAMAS. Forthwith, MMFF sought the dismissal of its employee-members initiating the disaffiliation movement from MMFF to FAMAS. Dana Films, relying on the provision of the aforementioned CBA, complied with MMFF's request and dismissed the employees identified by MMFF as disloyal to it. a. b. Will an action for illegal dismissal against Dana Films and MMFF prosper or not? Why? (5%)) What are the liabilities of Dana Films and MMFF to the dismissed employees, i f any? (5%)

III. a. On August 01, 2008, Y, a corporation engaged in the manufacture of textile garments, entered into a collective bargaining agreement with Union X in representation of the rank and-file employees of the corporation. The CBA was effective up to June 20, 2011. The contract had an automatic renewal clause which would allow the agreement after its expiry date to still apply until both parties would have been able to execute a new agreement. On May 10, 2011, Union X submitted to Y's management their proposals for the negotiation of a new CBA. The next day, Y suspended negotiations with Union X since Y had entered into a merger with z, a corporation also engaged in the manufacture of textile garments. Z assumed all the assets and liabilities of Y. Union X filed a complaint with the Regional Trial Court for specific performance and damages with a prayer for preliminary injunction against Y and Z and Z filed a Motion to Dismiss based on lack of jurisdiction. Rule on the Motion to Dismiss. (5%) X was one of more than one hundred (100) employees who were terminated from employment due to the closure of Construction Corporation A. The Cruz family owned Construction Company A. Upon the closure of Construction Company A, the Cruzes established Construction Company B. Both corporations had the same president, the same board of directors, the same corporate

b.

V. The weekly work schedule of a driver is as follows: Monday, Wednesday, Friday - drive the family car to bring and fetch the children to and from school. Tuesday, Thursday, Saturday - drive the family van to fetch merchandise from suppliers and deliver the same to a boutique in a mall owned by the family.

b.

a. b.

Is the driver a house helper? (5%) The same driver claims that for work performed on Tuesday, Thursday and Saturday, he should be paid the minimum daily wage of a driver of a commercial establishment. Is the claim of the driver valid? (5%)

VIII. ABC Tomato Corporation, owned and managed by three (3) elderly brothers and two (2) sisters, has been in business for 40 years. Due to serious business losses and financial reverses during the last five (5) years, they decided to close the business. a. As counsel for the corporation, what steps will you take prior to its closure? (3%) Are the employees entitled to separation pay? (2%) If the reason for the closure is due to old age of the brothers and sisters: c. d. IX. Dennis was a taxi driver who was being paid on the "boundary" system basis. He worked tirelessly for Cabrera Transport Inc. for fourteen (14) years until he was eligible for retirement. He was entitled to retirement benefits. During the entire duration of his service, Dennis was not given his 13th month pay or his service incentive leave pay. a. b. Is Dennis entitled to 13th month pay and service leave incentive pay? Explain. (5%) Since he was not given his 13th month pay and service incentive leave pay, should Dennis be paid upon retirement, in addition to the salary equivalent to fifteen (15) days for every year of service, the additional 2.5 days representing one-twelfth (1/12) of the 13th month pay as well as the five (5) days representing the service incentive leave for a total of 22.5 days? Explain. (5%) Is the closure allowed by law? (2%) Are the employees entitled to separation benefits? (3%)

VI. a. For humanitarian reasons, a bank hired several handicapped workers to count and sort out currencies. The handicapped workers knew that the contract was only for a period of six-months and the same period was provided in their employment contracts. After six months, the bank terminated their employment on the ground that their contract has expired. This prompted the workers to file with the Labor Arbiter a complaint for illegal dismissal. Will their action prosper? Why or why not? (5%) Mam-manu Aviation Company (Mam-manu) is a new airline company recruiting flight attendants for its domestic flights. It requires that the applicant be single, not more than 24 years old, attractive, and familiar with three (3) dialects, viz: llonggo, Cebuano and Kapampangan. lngga, 23 years old, was accepted as she possesses all the qualifications. After passing the probationary period, lngga disclosed that she got married when she was 18 years old but the marriage was already in the process of being annulled on the ground that her husband was afflicted with a sexually transmissible disease at the time of the celebration of their marriage. As a result of this revelation, lngga was not hired as a regular flight attendant. Consequently, she filed a complaint against Mam-manu alleging that the pre-employment qualifications violate relevant provisions of the Labor Code and are against public policy. Is the contention of lngga tenable? Why? (5%)

b.

b.

VII. X. a. Inggu, an electronics technician, worked within the premises of Pit Stop, an auto accessory shop. He filed a Complaint for illegal dismissal, overtime pay and other benefits against Pit Stop. Pit Stop refused to pay his claims on the ground that lnggu was not its employee but was an independent contractor . . It was common practice for shops like Pit Stop to collect the service fees from customers and pay the same to the independent contractors at the end of each week. The auto shop explained that lnggu was like a partner who worked within its premises, using parts provided by the shop, but otherwise lnggu was free to render service in the other auto shops. On the other hand, lnggu insisted that he still was entitled to the benefits because he was loyal to Pit Stop, it being a fact that he did not perform work for anyone else. Is lnggu correct? Explain briefly. (5%) The modes of determining an exclusive bargaining agreement are: 1. 2. 3. voluntary recognition certification election consent election Explain briefly how they differ from one another. (5%) a. XYZ Manpower Services (XYZ) was sued by its employees together with its client, ABC Polyester Manufacturing Company (ABC). ABC is one of the many clients of XYZ. During the proceedings before the Labor Arbiter, XYZ was able to prove that it had substantial capital of Three Million Pesos. The Labor Arbiter ruled in favor of the employees because it deemed XYZ as a labor only contractor. XYZ was not able to prove that it had invested in tools, equipment, etc. Is the Labor Arbiter's ruling valid? Explain. (5%) Does the performance by a contractual employee, supplied by a legitimate contractor, of activities directly related to the main business of the principal make him a regular employee of the principal? Explain. (5%)

b.

b.

- NOTHING FOLLOWS -

2011 LABOR LAW BAR QUESTIONS Bar Examination Set A Questionnaire for Labor Law

(A) No, loss of confidence as reason for dismissal does not apply to rank and file employees. (B) No, loss of confidence applies only to confidential positions. (C) Yes, loss of confidence is broad enough to cover all dishonest acts of employee. (D) RIGHT ANSWER Yes, loss of confidence applies to employees who are charged with the care and custody of the employer's property. (5) Tower Placement Agency supplies manpower to Lucas Candy Factory to do work usually necessary for work done at its factory. After working there for more than two years under the factory managers supervision, the workers demanded that Lucas extend to them the same employment benefits that their directly hired workers enjoyed. Is their demand valid? (A) Yes, since it was Lucas that actually hired and supervised them to work at itsfactory. (B) No, since the agency workers are not employees of the client factory. (C) Yes, since they have been working at the factory in excess of two years. (D) No, since it was the placement agency that got them their jobs. (6) Both apprenticeship and learnership are government programs to provide practical on-the-job training to new workers. How do they differ with respect to period of training?. (A) In highly technical industries, apprenticeship can exceed 6 months; learnership can exceed one year. (B) Apprenticeship cannot exceed 6 months; learnership can. (C) Apprenticeship shall not exceed six months; while learnership shall not exceed three months. (D) The law lets the employer and the apprentice agree on the apprenticeship period; but the law fixes learnership period at six months in non-technical industries. (7) Venus Department Store decided to contract out the security services that its 10 direct-hired full-time security guards provided. The company paid the men separation pay. With this move, the Store was able to cut costs and secure efficient outside professional security services. But the terminated security guards complained of illegal dismissal, claiming that regular jobs such as theirs could not be contracted out. Will their complaint prosper? (A) No. the management has the right to contract out jobs to secure efficient and economical operations.

(1) The unions by-laws provided for burial assistance to the family of a member who dies. When Carlos, a member, died, the union denied his wife's claim for burial assistance, compelling her to hire a lawyer to pursue the claim. Assuming the wife wins the case, may she also claim attorney's fees? (A) No, since the legal services rendered has no connection to CBA negotiation. (B) Yes, since the union should have provided her the assistance of a lawyer. (C) No, since burial assistance is not the equivalent of wages. (D) Yes, since award of attorney's fee is not limited to cases of withholding of wages. (2) Pol requested Obet, a union officer and concurrently chairman of the company's Labor-Management Council, to appeal to the company for a recomputation of Pols overtime pay. After 5 p.m., his usual knock-off time, Obet spent two hours at the Personnel Office, reconciling the differing computations of Pols overtime. Are those two hours compensable? (A) Yes, because Obet performed work within the company premises. (B) No, since Obets action has nothing to do with his regular work assignment. (C) No, because the matter could have been resolved in the labor-management council of which he is the chairman. (D) Yes, because the time he spent on grievance meetings is considered hoursworked. (3) The Labor Code on retirement pay expands the term one-half () month salary because it means (A) 15 days' pay plus 1/12th of the 13th month pay and 1/12th of the cash value of service incentive leave. (B) 15 days' pay plus 1/12th of the 13th month pay and the cash equivalent of five days service incentive leave. (C) 15 days pay plus a full 13th month pay. (D) 15 calendar days' pay per year of service plus allowances received during the retirement year. (4) A foreign guest in a luxury hotel complained that he lost certain valuable items in his hotel room. An investigation by the hotel pointed to two roomboys as the most probable thieves. May the management invoke loss of confidence as a just cause for dismissing the roomboys?

(B) Yes. They should be reinstated or absorbed by the security agency as its employees. (C) No. They are estopped from demanding reinstatement after receiving their separation pay. (D) Yes. The company cannot contract out regular jobs such as they had. (8) Although both are training programs, apprenticeship is different from learnership in that (A) a learner may be paid 25% less than the legal minimum wage while an apprentice is entitled to the minimum wage. (B) apprenticeship has to be covered by a written agreement; no such formality is needed in learnership. (C) in learnership, the employer undertakes to make the learner a regular employee; in apprenticeship, no such undertaking. (D) a learner is deemed a regular employee if terminated without his fault within one month of training; an apprentice attains employment status after six months of apprenticeship. (9) A golf and country club outsourced the jobs in its food and beverage department and offered the affected employees an early retirement package of 1 months pay for each year of service. The employees who accepted the package executed quitclaims. Thereafter, employees of a service contractor performed their jobs. Subsequently, the management contracted with other job contractors to provide other services like the maintenance of physical facilities, golf operations, and administrative and support services. Some of the separated employees who signed quitclaims later filed complaints for illegal dismissal. Were they validly dismissed? (A) Yes. The jobs were given to job contractors, not to labor-only contractors, and the dismissed employees received higher separation pay than the law required. (B) No. The outsourcing and the employment termination were invalid since the management failed to show that it suffered severe financial losses. (C) No. Since the outsourcing of jobs in several departments entailed the separation of many employees, the club needed the Secretary of Labors approval of its actions. (D) No. Since the outsourced jobs were held by old-time regular employees, it was illegal for the club to terminate them and give the jobs to others. (10) Sampaguita Company wants to embark on a retrenchment program in view of declining sales. It identified five employees that it needed to separate. The human resource manager seems to recall that she has to give the five employees and the DOLE a 30-day notice but she feels that she can give a shorter notice. What will you advise her?

(A) Instead of giving a 30-day notice, she can just give a 30-day advanced salary and make the separation effective immediately. (B) So long as she gave DOLE a 30-day prior notice, she can give the employees a shorter notice. (C) The 30-day advance notice to the employee and the DOLE cannot be shortened even with a 30-day advance salary. (D) She can give a shorter notice if the retrenchment is due to severe and substantial losses. (11) Under the Labor Code, its provisions on working conditions, including the eight-hour work day rule, do not apply to domestic helpers. Does it follow from this that a domestic helper's workday is not limited by law? (A) No, since a domestic helper cannot be required to work more than ten hours a day. (B) Yes, since a domestic helper's hours of work depend on the need of the household he or she works for. (C) No, because a domestic helper is legally entitled to overtime pay after ten hours of work. (D) Yes, a domestic helper may be required to work twelve hours a day or beyond. (12) Under the Labor Code on Working Conditions and Rest Periods, a person hired by a high company official but paid for by the company to clean and maintain his staff house is regarded as (A) a person rendering personal service to another. (B) a regular company employee. (C) a family member. (D) domestic helper. (13) The union filed a notice of strike due to a bargaining deadlock. But, because the Secretary of Labor assumed jurisdiction over the dispute, the strike was averted. Meanwhile, the employer observed that the union engaged in a work slowdown. Contending that the slowdown was in fact an illegal strike, the employer dismissed all the union officers. The union president complained of illegal dismissal because the employer should first prove his part in the slowdown. Is the union president correct? (A) Yes, since the employer gave him no notice of its finding that there was a slowdown. (B) Yes. The employer must prove the union presidents part in slowdown. (C) No. When a strike is illegal, the management has the right to dismiss the union president.

(D) No. As the union president, it may be assumed that he led the slowdown. (14) The existing collective bargaining unit in Company X includes some fifty secretaries and clerks who routinely record and monitor reports required by their department heads. Believing that these secretaries and clerks should not be union members because of the confidential nature of their work, the management discontinued deducting union dues from their salaries. Is the managements action legal? (A) No, only managers are prohibited from joining unions; the law does not bar confidential employees from joining unions. (B) No, confidential employees are those who assist persons who formulate, determine, or enforce management policies in the field of labor relations. (C) Yes, secretaries and clerks of company executives are extensions of the management and, therefore, should not join the union. (D) No, confidential employees are those who handle executive records and payroll or serve as executive secretaries of top-level managers. (15) Jose Lovina had been member of the board of directors and Executive Vice President of San Jose Corporation for 12 years. In 2008, the San Jose stockholders did not elect him to the board of directors nor did the board reappoint him as Executive Vice President. He filed an illegal dismissal complaint with a Labor Arbiter. Contending that the Labor Arbiter had no jurisdiction over the case since Lovina was not an employee, the company filed a motion to dismiss. Should the motion be granted? (A) No, the Labor Arbiter has jurisdiction over all termination disputes. (B) Yes, it is the NLRC that has jurisdiction over disputes involving corporate officers. (C) No, a motion to dismiss is a prohibited pleading under the NLRC Rules of Procedure. (D) Yes, jurisdiction lies with the regular courts since the complainant was a corporate officer. (16) An employee proved to have been illegally dismissed is entitled to reinstatement and full backwages computed on the basis of his (A) basic salary plus the regular allowances and the thirteenth month pay. (B) basic salary plus the salary CBA increases during the pendency of his case. (C) basic salary plus the increases mandated by wage orders issued during the pendency of his case.

(D) basic salary at the time of dismissal. (17) The meal time (lunch break) for the dining crew in Glorious Restaurant is either from 10 a.m. to 11 a.m. or from 1:30 p.m. to 2:30 p.m., with pay. But the management wants to change the mealtime to 11: a.m. to 12 noon or 12:30 p.m. to 1:30 p.m., without pay. Will the change be legal? (A) Yes, absent an agreement to the contrary, the management determines work hours and, by law, meal break is without pay. (B) No, because lunchbreak regardless of time should be with pay. (C) Yes, the management has control of its operations. (D) No, because existing practice cannot be discontinued unilaterally. (18) The employees union in San Joaquin Enterprise continued their strike despite a return to work order from the Secretary of Labor. Because of this defiance, the employer dismissed the strikers. But the Labor Arbiter declared as illegal the dismissal of those whose commission of unlawful acts had not been proved. They were ordered immediately reinstated. The employer refused, however, to reinstate them on the ground that the rule on immediate reinstatement applies only to terminations due to just or authorized causes. Is the employers refusal justified? (A) No, every employee found to have been illegally dismissed is entitled to immediate reinstatement even pending appeal. (B) Yes. The employers refusal is legal and justified as a penalty for defying the secretarys lawful order. (C) Yes, the rule on immediate reinstatement does not apply to employees who have defied a return-to-work order. (D) No. The dismissal of the employees was valid; reinstatement is unwarranted. (19) Llanas Corporation and Union X, the certified bargaining agent of its employees, concluded a CBA for the period January 1, 2000 to December 31, 2004. But, long before the CBA expired, members of Union Y, the minority union, showed dissatisfaction with the CBA under the belief that Union X was a company union. Agitated by its members, Union Y filed a petition for a Certification Election on December 1, 2002. Will the petition prosper? (A) No, such a petition can only be filed within the freedom period of the CBA. (B) No, since a petition for certification can be filed only upon the expiration of the CBA. (C) Yes, a certification is the right remedy for ousting a company union.

(D) Yes, employees should be allowed to cancel at the earliest opportunity a CBA that they believed was obtained by a company union. (20) Is it correct to say that under Philippine law a househelper has no right to security of tenure? (A) No, since a househelper can be dismissed only for just cause or when his agreed period of employment ends. (B) Yes, since it is the employer who determines the period of his service. (C) Yes, since a househelper can be dismissed with or without just cause. (D) No, since a househelper can be dismissed only for just cause, except when he has been employed for a definite period not exceeding one year. (21) Reach-All, a marketing firm with operating capital of P100,000, supplied sales persons to pharmaceutical companies to promote their products in hospitals and doctors' offices. Reach-All trained these sales persons in the art of selling but it is the client companies that taught them the pharmacological qualities of their products. Reach-Alls roving supervisors monitored, assessed, and supervised their work performance. Reach-All directly paid their salaries out of contractor's fees it received. Under the circumstances, can the sales persons demand that they be absorbed as employees of the pharmaceutical firms? (A) No, they are Reach-Alls employees since it has control over their work performance. (B) Yes, since they receive training from the pharmaceutical companies regarding the products they will promote. (C) No, since they are bound by the agency agreement between Reach-All and the pharmaceutical companies. (D) Yes, since Reach-All does does not qualify as independent contractoremployer, its clients being the source of the employees salaries. (22) Executive Order No. 180, which protects government employees, does NOT apply to high-level employees, namely, (A) presidential appointees. (B) those performing policy-determining functions, excluding confidential employees and supervisors. (C) confidential employees and those performing policydetermining functions. (D) elective officials. (23) In the case of a househelper, reinstatement is not a statutory relief for unjust dismissal because of the confidentiality of his or her job. Instead, the househelper shall be paid

(A) an indemnity equivalent to 15 days' pay plus compensation already earned. (B) a separation pay equivalent to one month's pay per year of service. (C) a separation pay equivalent to one-half month's pay per year of service. (D) 15 days' pay as indemnity plus wages lost from dismissal to finality of decision. (24) The CBA for the period January 2007 to December 2009 granted the employees a P40 per day increase with the understanding that it is creditable as compliance to any future wage order. Subsequently, the regional wage board increased by P20 the minimum wage in the employers area beginning January 2008. The management claims that the CBA increase may be considered compliance even if the Wage Order itself said that CBA increase is not creditable as compliance to the Wage Order. Is the management's claim valid? (A) Yes, since creditability of the CBA increase is the free and deliberate agreement and intention of the parties. (B) Yes, since the Wage Order cannot prejudice the managements vested interest in the provisions of the CBA. (C) No, disallowing creditability of CBA pay increase is within the wage board's authority. (D) No, the CBA increase and the Wage Order are essentially different and are to be complied with separately. (25) When an employee works from 8 a.m. to 5 p.m. on a legal holiday falling on his rest day, which of the following formulas do you use to compute for his day's wage on that day? (A) His regular daily wage multiplied by 200% plus 30% of the 200% (B) His regular daily wage multiplied by 200% (C) His regular daily wage plus 200% (D) His daily regular wage (26) The employees rights to organize and to bargain collectively are means of exercising the broader right to participate in policy or decision-making processes. The employees' right to participate in policy and decision making processes is available (A) if a labor-management council exists. (B) if a labor-management council does not exist. (C) if a union exists and it agrees to the creation of a labormanagement council.

(D) whether or not a labor-management council exists. (27) If not used by the end of the year, the service incentive leave shall be (A) carried over to the next year. (B) converted to its money equivalent. (C) forfeited. (D) converted to cash and paid when the employee resigns or retires. (28) An employee is NOT entitled to financial assistance in cases of legal dismissal when the dismissal (A) is based on an offense reflecting the depraved character of the employee. (B) is based on serious misconduct or breach of the employer's trust. (C) is grounded on any of the just causes provided by the Labor Code. (D) when the employee has less than 10 years of service. (29) In a work-related environment, sexual harassment is committed when (A) the offender has authority, influence, or moral ascendancy over his subordinate victim. (B) the victims continued employment is conditioned on sexual favor from her. (C) the female victim grants the demand for sexual favor against her will. (D) the victim is not hired because she turned down the demand for sexual favor. (30) Government employees may elect a union as their exclusive representative but this right is not available to (A) regular employees in government instrumentalities and agencies. (B) employees of government-owned and -controlled corporations without original charters. (C) employees of government-owned-or-conrolled corporations with original charters. (D) employees of provincial and local government units. (31) Celia, an OFW that Moonshine Agency recruited and deployed, died in Syria, her place of work. Her death was not workrelated, it appearing that she had been murdered. Insisting that she

committed suicide, the employer and the agency took no action to ascertain the cause of death and treated the matter as a closed case. The worker's family sued both the employer and the agency for moral and exemplary damages. May such damages be awarded? (A) Yes, the agency and the employers uncaring attitude makes them liable for such damages. (B) Yes, but only the principal is liable for such damages since the agency had nothing to do with Celias death. (C) No, since her death is not at all work-related. (D) No, since her death is not attributable to any act of the agency or the employer. (32) When the employer or his representative hurls serious insult on the honor or person of the employee, the law says that the employee (A) may leave work after at least a five-day notice to the employer. (B) may leave work at any time and file for constructive dismissal. (C) may leave work without giving a 30-day notice to the employer. (D) may abandon his job at once. (33) A sugar mill in Laguna, capitalized at P300 million, suffered a P10,000.00 loss last year. This year it dismissed three young female employees who gave birth in the last three years. In its termination report to DOLE, the sugar mill gave as reason for the dismissal retrenchment because of losses. Did it violate any law? (A) Yes, the law on retrenchment, the sugar mills loses not being substantial. (B) Yes, the law against violence committed on women and children. (C) No, except the natural law that calls for the protection and support of women. (D) No, but the management action confirms suspicion that some companies avoid hiring women because of higher costs. (34) Piece rate employees are those who are paid by results or other non-time basis. As such they are NOT entitled to overtime pay for work done beyond eight hours if (A) their workplace is away from the company's principal place of work. (B) they fail to fill up time sheets. (C) the product pieces they do are not countable.

(D) the piece rate formula accords with the labor departments approved rates. (35) An employer may require an employee to work on the employee's rest day (A) to avoid irreparable loss to the employer.

(B) No, as victim of physical violence of her husband, she is entitled to five days paid leave to attend to her action against him. (C) No, the employer must grant the request but the leave will be without pay. (D) Yes, since she is not yet a permanent employee.

(B) only when there is a state of calamity. (C) provided he is paid an extra of at least 50% of his regular rate. (D) subject to 24-hour advance notice to the employee. (36) The State has a policy of promoting collective bargaining and voluntary arbitration as modes of settling labor disputes. To this end, the voluntary arbitrators jurisdiction has not been limited to interpretation and implementation of collective bargaining agreements and company personnel policies. It may extend to all other labor disputes, provided (A) the extension does not cover cases of union busting. (B) the parties agreed to such extended jurisdiction. (C) the parties are allowed to appeal the voluntary arbitrator's decision. (D) the parties agreed in their CBA to broaden his jurisdiction. (37) Philworld, a POEA-licensed agency, recruited and deployed Mike with its principal, Delta Construction Company in Dubai for a 2-year project job. After he had worked for a year, Delta and Philworld terminated for unknown reason their agency agreement. Delta stopped paying Mike's salary. When Mike returned to the Philippines, he sued both Philworld and Delta for unpaid salary and damages. May Philworld, the agency, be held liable? (A) No, since Philworld, the recruitment agency, is not the employer liable for unpaid wages. (B) Yes, since the agency is equally liable with the foreign principal despite the termination of their contract between them. (C) Yes, since the law makes the agency liable for the principals malicious refusal to pay Mikes salary. (D) No, since Mike did not get paid only after Delta and Philworld terminated their contract. (38) Melissa, a coffee shop worker of 5 months, requested her employer for 5 days' leave with pay to attend to the case that she filed against her husband for physical assault two weeks earlier. May the employer deny her request for leave with pay? (A) Yes, the reason being purely personal, approval depends on the employers discretion and is without pay. (39) Quiel, a househelper in the Wilson household since 2006, resigned from his job for several reasons. One reason was the daily 12-hour workday without any rest day. When he left his job he had unpaid wages totaling P13,500.00 which his employer refused to pay. He wants to claim this amount though he is not interested in getting back his job. Where should he file his claim? (A) He should file his claim with the DSWD, which will eventually endorse it to the right agency. (B) Since he has no interest in reinstatement, he can file his claim with the office of the regional director of the Department of Labor. (C) He should file his claim exceeding P5,000.00 with the office of the labor arbiters, the regional arbitrators representing the NLRC. (D) He should go to the Employees Compensation Commission. (40) For labor, the Constitutionally adopted policy of promoting social justice in all phases of national development means (A) the nationalization of the tools of production. (B) the periodic examination of laws for the common good. (C) the humanization of laws and equalization of economic forces. (D) the revision of laws to generate greater employment. (41) To avail himself of paternity leave with pay, when must the male employee file his application for leave? (A) Within one week from the expected date of delivery by the wife. (B) Not later than one week after his wifes delivery or miscarriage (C) Within a reasonable time from the expected deliver date of his wife. (D) When a physician has already ascertained the date the wife will give birth. (42) The constitution promotes the principle of shared responsibility between workers and employers, preferring the settlement of disputes through

(A) compulsory arbitration. (B) collective bargaining. (C) voluntary modes, such as conciliation and mediation. (D) labor-management councils. (43) Which of the following is NOT a requisite for entitlement to paternity leave? (A) The employee is cohabiting with his wife when she gave birth or had a miscarriage. (B) The employee is a regular or permanent employee. (C) The wife has given birth or suffered a miscarriage. (D) The employee is lawfully married to his wife. (44) Of the four grounds mentioned below, which one has been judicially affirmed as justification for an employees refusal to follow an employers transfer order? (A) A transfer to another location is not in the employee's appointment paper. (B) The transfer deters the employee from exercising his right to self-organization. (C) The transfer will greatly inconvenience the employee and his family. (D) The transfer will result in additional housing and travel expenses for the employee. (45) Of the four definitions below, which one does NOT fit the definition of solo parent under the Solo Parents Welfare Act? (A) Solo parenthood while the other parent serves sentence for at least one year. (B) A woman who gives birth as a result of rape. (C) Solo parenthood due to death of spouse. (D) Solo parenthood where the spouse left for abroad and fails to give support for more than a year. (46) Albert and four others signed employment contracts with Reign Publishers from January 1 to March 31, 2011 to help clear up encoding backlogs. By first week of April 2011, however, they remained at work. On June 30 Reigns manager notified them that their work would end that day. Do they have valid reason to complain? (A) No, since fixed term employment, to which they agreed, is allowed.

(B) Yes, their job was necessary and desirable to the employers business and, therefore, they are regular employees. (C) Yes, when they worked beyond March without an extended fixed term employment contract, they became regular employees. (D) No, since the 3-month extension is allowed in such employment. (47) A handicapped worker may be hired as apprentice or learner, provided (A) he waives any claim to legal minimum wage. (B) his work is limited to apprenticeable job suitable to a handicapped worker. (C) he does not impede job performance in the operation for which he is hired. (D) he does not demand regular status as an employee. (48) The Secretary of Labor and Employment or his duly authorized representative, including labor regulations officers, shall have access to employer's records and premises during work hours. Why is this statement an inaccurate statement of the law? (A) Because the power to inspect applies only to employer records, not to the premises. (B) Because only the Secretary of Labor and Employment has the power to inspect, and such power cannot be delegated. (C) Because the law allows inspection anytime of the day or night, not only during work hours. (D) Because the power to inspect is already delegated to the DOLE regional directors, not to labor regulations officers. (49) In industrial homework, the homeworker does at his home the work that his employer requires of him, using employer-supplied materials. It differs from regular factory work in the sense that (A) the workers are not allowed to form labor organizations. (B) the workers' pay is fixed by informal agreement between the workers and their employer. (C) the workers are under very little supervision in the performance or method of work. (D) the workers are simply called homeworkers, not employees, hence not covered by the social security law. (50) Which of the following grounds exempts an enterprise from the service incentive leave law?

(A) The employees already enjoy 15 days vacation leave with pay. (B) The employer's business has been suffering losses in the past three years. (C) The employer regularly employs seven employees or less. (D) The company is located in a special economic zone. (51) Which of the following acts is NOT considered unfair labor practice (ULP)? (A) Restraining employees in the exercise of the right to self-organization. (B) Union's interference with the employee's right to selforganization. (C) Refusal to bargain collectively with the employer. (D) Gross violation of the collective bargaining agreement by the union. (52) In computing for 13th month pay, Balagtas Company used as basis both the employees regular base pay and the cash value of his unused vacation and sick leaves. After two and a half years, it announced that it had made a mistake and was discontinuing such practice. Is the management action legally justified? (A) Yes, since 13th month pay should only be one-twelfth of the regular pay. (B) No, since the erroneous computation has ripened into an established, nonwithdrawable practice. (C) Yes, an error is not a deliberate decision, hence may be rectified. (D) No, employment benefits can be withdrawn only through a CBA negotiation. (53) Where the petition for a certification election in an unorganized establishment is filed by a federation, it shall NOT be required to disclose the (A) names of the local chapter's officers and members. (B) names and addresses of the federation officers. (C) names and number of employees that initiated the union formation in the enterprise. (D) names of the employees that sought assistance from the federation in creating the chapter. (54) Under the Limited Portability law, funds from the GSIS and the SSS maybe transferred for the benefit of a worker who transfers from one system to the other. For this purpose, overlapping periods of membership shall be

(A) credited only once. (B) credited in full. (C) proportionately reduced. (D) equally divided for the purpose of totalization. (55) Of the four tests below, which is the most determinative of the status of a legitimate contractor-employer? (A) The contractor performs activities not directly related to the principal's main business. (B) The contractor has substantial investments in tools, equipment, and other devices. (C) The contractor does not merely recruit, supply, or place workers. (D) The contractor has direct control over the employees manner and method of work performance. (56) X Companys CBA grants each employee a 14th month yearend bonus. Because the company is in financial difficulty, its head wants to negotiate the discontinuance of such bonus. Would such proposal violate the nondiminution rule in the Labor Code? (A) No, but it will certainly amount to negotiating in bad faith. (B) Yes since the rule is that benefits already granted in a CBA cannot be withdrawn or reduced. (C) No, since the law does not prohibit a negotiated discontinuance of a CBA benefit. (D) Yes, since such discontinuance will cancel the enjoyment of existing benefits. (57) Night differential is differentiated from overtime pay in that (A) while overtime pay is given for overtime work done during day or night, night differential is given only for work done between 10:00 p.m. and 6:00 a.m. (B) while overtime pay is paid to an employee whether on day shift or night shift, night shift differential is only for employees regularly assigned to night work. (C) while overtime pay is for work done beyond eight hours, night differential is added to the overtime pay if the overtime work is done between 6:00 p.m. and 12 midnight. (D) while overtime pay is 25% additional to the employee's hourly regular wage, night differential is 10% of such hourly wage without overtime pay. (58) Differentiate a labor organization from a legitimate labor organization.

(A) While the employees themselves form a labor organization, a legitimate labor organization is formed at the initiative of a national union or federation. (B) While the members of a labor organization consists only of rank and file employees, a legitimate labor organization consists of both supervisory and rank and file employees. (C) While a labor organization exists for a lawful purpose, a legitimate labor organization must, in addition, be registered with the labor department. (D) While the officers in a labor organization are elected in an informal way, the officers in legitimate labor organization are formally elected according to the union's constitution and by-laws. (59) The negotiating panels for the CBA of X Company established a rule that only employees of the company will seat in each panel. In the next session, the management panel objected to the presence of the union counsel. Still the negotiation proceeded. At the next session, the management panel again objected to the presence of the union counsel as a non-observance of the no outsider rule. The negotiation nonetheless proceeded. Does the management panel's objection to the presence of the union counsel constitute unfair labor practice through bad-faith bargaining? (A) Yes, the management is harping on a non-mandatory matter instead of proceeding with the mandatory subjects of bargaining. (B) No, there is no bargaining in bad faith since the bargaining proceeded anyway. (C) Yes, the management panel has no legal basis for limiting the composition of the union negotiating panel. (D) No, since it is the union that violates the ground rules fashioned by the parties, it is the one negotiating in bad faith. (60) Which of the following acts is NOT part of the regulatory and visitorial power of the Secretary of Labor and Employment over recruitment and placement agencies? The power to (A) order arrest of an illegal recruiter (B) inspect premises, books and records (C) cancel license or authority to recruit (D) garnish recruiter's bond (61) Where there is a bargaining deadlock, who may file a notice of strike? (A) The majority members of the bargaining unit. (B) The recognized bargaining agent.

(C) Any legitimate labor organization in the employers business. (D) The majority members of the bargaining union. (62) When a recruitment agency fails to deploy a recruit without valid reason and without the recruit's fault, the agency is obligated to (A) reimburse the recruit's documentary and processing expenses. (B) reimburse the recruits expenses with 6% interest. (C) pay the recruit damages equivalent to one years salary. (D) find another employer and deploy the recruit within 12 months. (63) Which of the following is an essential element of illegal recruitment? (A) The recruiter demands and gets money from the recruit but issues no receipt. (B) The recruiter gives the impression that he is able to send the recruit abroad. (C) The recruiter has insufficient capital and has no fixed address. (D) The recruiter has no authority to recruit. (64) A group of 15 regular rank-and-file employees of Bay Resort formed and registered an independent union. On hearing of this, the management called the officers to check who the union members were. It turned out that the members included the probationary staff, casuals, and the employees of the landscape contractor. The management contends that inclusion of non-regulars and employees of a contractor makes the unions composition inappropriate and its registration invalid. Is this correct? (A) Yes, union membership should be confined to directhired employees of the company. (B) Yes, the community of interest criterion should be observed not only in the composition of a bargaining unit but also in the membership of a union. (C) Yes, a union must have community of interest; the non-regulars do not have such interest. (D) No, union membership may include non-regulars since it differs from membership in a bargaining unit. (65) Which is NOT a guideline for the dismissal of an employee on the ground of loss of confidence? (A) Loss of confidence may not be arbitrarily invoked in the face of overwhelming evidence to the contrary.

(B) Loss of confidence as cause of dismissal should be expressly embodied in written company rules. (C) The employee holds a position of trust and confidence. (D) Loss of confidence should not be simulated nor a mere afterthought to justify earlier action taken in bad faith. (66) Pedring, Daniel, and Paul were employees of Delibakery who resigned from their jobs but wanted to file money claims for unpaid wages and 13th month pay. Pedrings claim totals P20,000.00, Daniels P3,000.00, and Pauls P22,000.00. Daniel changed his mind and now also wants reinstatement because he resigned only upon the instigation of Pedring and Paul. Where should they file their claims? (A) With the DOLE regional director for Pedring and Pauls claims with no reinstatement; with the labor arbiter for Daniels claim with reinstatement. (B) With the Office of the Regional Director of the Department of Labor for all claims to avoid multiplicity of suits. (C) With a labor arbiter for all three complainants. (D) With the DOLE Regional Director provided they are consolidated for expediency. (67) In a scenario like typhoon Ondoy, who may be required by the employer to work overtime when necessary to prevent loss of life or property? (A) Health personnel (B) Employees with first aid training (C) Security and safety personnel (D) Any employee (68) The management and Union X in Atisan Mining entered into a CBA for 1997 to 2001. After 6 months, a majority of the members of Union X formed Union Y and sought management recognition. The latter responded by not dealing with either union. But, when the CBAs economic provisions had to be renegotiated towards the end of the term of the CBA, the management chose to negotiate with Union Y, the newer union. Thus, Union X which negotiated the existing CBA charged the company with unfair labor practice (ULP). The company argued that it committed no unfair labor practice since the supposed violation had nothing to do with economic provisions of the CBA. Is the management right? (A) No. Refusal to comply with the CBAs economic provisions is not the only ground for ULP; a disregard of the entire CBA by refusing to renegotiate with the incumbent bargaining agent is also ULP, (B) Yes. No unfair labor practice was committed because the supposed violation has nothing to do with economic provisions of the CBA.

(C) Yes. The management commits no ULP when it decided to renegotiate with the numerically majority union. (D) Yes. A CBA violation amounts to ULP only if the violation is gross, meaning flagrant or malicious refusal to comply with the CBAs economic provisions which is not the case here. (69) The apprenticeship program should be supplemented by theoretical instruction to be given by (A) the apprentice's school only where the apprentice is formally enrolled as a student. (B) the employer if the apprenticeship is done in the plant. (C) the civic organizations that sponsor the program. (D) the Department of Labor and Employment. (70) The Securities and Exchange Commission approved a merger that allowed Broad Bank to absorb the assets and liabilities of EBank. Broad Bank also absorbed EBanks rank-and-file employees without change in tenure, salary, and benefits. Broad Bank was unionized but EBank was not. The Broad Bank bargaining union requested the management to implement the union security clause in their CBA by requiring the ex-EBank employees to join the union. Does the union security clause in the Broad Bank CBA bind the exEBank employees? (A) No, since the ex-EBank employees were not yet Broad Bank employees when that CBA was entered into. (B) No, Broad Banks absorption of ex-EBank employees was not a requirement of law or contract; hence, the CBA does not apply. (C) Yes, Broad Banks absorption of ex-EBank employees automatically makes the latter union members of Broad Banks bargaining union. (D) Yes, since the right not to join a labor union is subordinate to the policy of unionism that encourages collective representation and bargaining. (71) The employer must observe both substantive and procedural due process when dismissing an employee. If procedural due process is not observed, the dismissal will be regarded as (A) defective; the dismissal process has to be repeated. (B) an abuse of employer's discretion, rendering the dismissal void. (C) ineffectual; the dismissal will be held in abeyance. (D) legal and valid but the employer will be liable for indemnity. (72) Mario, an expert aircon technician, owns and manages a small aircon repair shop with little capital. He employs one full-time and

two part-time technicians. When they do repair work in homes or offices, their clients do not tell them how to do their jobs since they are experts in what they do. The shop is shabby, merely rented, and lies in a small side street. Mario and the other technicians regard themselves as informal partners. They receive no regular salary and only earn commissions from service fees that clients pay. To what categories of workers do they fall? (A) Labor-only contractors (B) Job contractors (C) Pakyaw workers (D) Manpower agency contractors (73) How often should the collected service charges be distributed to employees in hotels and restaurants? (A) Every end of the month (B) Every two weeks (C) Every week (D) At the end of each work day (74) Which of the following conditions justifies a licensed employment agency to charge and collect fees for employment assistance? (A) The recruit has submitted his credentials to the employment agency. (B) The POEA has approved the agency's charges and fees. (C) The agency's principal has interviewed the applicant for the job. (D) The worker has obtained employment through the agency's efforts. (75) During the CBA negotiation the management panel proposed a redefinition of the rank-and-file bargaining unit to exclude HR Specialist in the human resource department and Analyst in the research and development department. The union panel objected since those affected have already been included in the bargaining unit covered by the existing CBA and so could no longer be excluded. Is the union correct in insisting that their exclusion would amount to bad faith on the part of the management panel? (A) No, efforts to modify an existing CBA do not constitute bad faith if such modification does not diminish employment benefits. (B) Yes, the proposed exclusion amounts to managements violation of its duty to bargain because it disregards the bargaining history between the parties. (C) Yes, once the coverage of the bargaining unit has been contractually defined, it can no longer be redefined.

(D) No, bargaining history is not the only factor that determines the coverage of the bargaining unit; seeking its redefinition is not negotiating in bad faith.

2010 LABOR LAW BAR EXAM TRUE OR FALSE. Explain your answer briefly. 1. Deeds of release, waivers and quitclaims are always valid and binding. (2%) 2. The relations between employer and employee are purely contractual in nature. (2%) 3. As a general rule, direct hiring of Overseas Filipino Workers (OFWs) is not allowed. (2%) II Distinguish the terms conciliation, mediation and arbitration. (3%) a. Differentiate surface bargaining. (2%) bargaining from blue-sky

his wife had just delivered a baby. The union members later intimidated and barred other employees from entering the work premises, thus paralyzing the business operations of the company. A was dismissed from employment as a consequence of the strike. a. b. VII A was an able seaman contracted by ABC Recruitment Agency for its foreign principal, Seaworthy Shipping Company (SSC). His employment contract provided that he would serve on board the Almieda II for eight (8) months with a monthly salary of US$450. In connection with his employment, he signed an undertaking to observe the drug and alcohol policy which bans possession or use of all alcoholic beverages, prohibited substances and un-prescribed drugs on board the ship. The undertaking provided that: (1) disciplinary action including dismissal would be taken against anyone in possession of the prohibited substances or who is impaired by the use of any of these substances, and (2) to enforce the policy, random test sampling would be done on all those on board the ship. On his third month of service while the Almieda II was docked at a foreign port, a random drug test was conducted on all members of the crew and A tested positive for marijuana. He was given a copy of the drug test result. In compliance with the companys directive, he submitted his written explanation which the company did not find satisfactory. A month later, he was repatriated to the Philippines. Upon arrival in the Philippines, A filed with the National Labor Relations Commission (NLRC) a complaint against the agency and the principal for illegal dismissal with a claim for salaries for the unexpired portion of his contract. a. b. Was As dismissal valid? Explain. (3%) Is his claim for salaries for the unexpired portion of his contract tenable? Explain. (3%) Was the strike legal? Explain. (3%) Was As dismissal valid? Why or why not? (3%)

III A, single, has been an active member of the Social Security System for the past 20 months. She became pregnant out of wedlock and on her 7th month of pregnancy, she was informed that she would have to deliver the baby through caesarean section because of some complications. Can A claim maternity benefits? If yes, how many days can she go on maternity leave? If not, why is she not entitled? (3%) IV A, a worker at ABC Company, was on leave with pay on March 31, 2010. He reported for work on April 1 and 2, Maundy Thursday and Good Friday, respectively, both regular holidays. Is A entitled to holiday pay for the two successive holidays? Explain. (3%) V Company XYZ has two recognized labor unions, one for its rankand-file employees (RFLU), and one for supervisory employees (SELU). Of late, the company instituted a restructuring program by virtue of which A, a rank-and-file employee and officer of RFLU, was promoted to a supervisory position along with four (4) other colleagues, also active union members and/or officers. Labor Union KMJ, a rival labor union seeking recognition as the rank-and-file bargaining agent, filed a petition for the cancellation of the registration of RFLU on the ground that A and her colleagues have remained to be members of RFLU. Is the petition meritorious? Explain. (3%) VI A is a member of the labor union duly recognized as the sole bargaining representative of his company. Due to a bargaining deadlock, 245 members of the 500-strong union voted on March 13, 2010 to stage a strike. A notice of strike was submitted to the National Conciliation and Mediation Board on March 16, 2010. Seven days later or on March 23, 2010, the workers staged a strike in the course of which A had to leave and go to the hospital where

VIII ABC company and U labor union have been negotiating for a new Collective Bargaining Agreement (CBA) but failed to agree on certain economic provisions of the existing agreement. In the meantime, the existing CBA expired. The company thereafter refused to pay the employees their midyear bonus, saying that the CBA which provided for the grant of midyear bonus to all company employees had already expired. Are the employees entitled to be paid their midyear bonus? Explain your answer. (3%) IX A was working as a medical representative of RX pharmaceutical company when he met and fell in love with B, a marketing strategist for Delta Drug Company, a competitor of RX. On several occasions, the management of RX called As attention to the stipulation in his employment contract that requires him to disclose any relationship by consanguinity or affinity with coemployees or employees of competing companies in light of a possible conflict of

interest. A seeks your advice on the validity of the company policy. What would be your advice? (3%) PART II X XIV A, an employee of XYZ Cooperative, owns 500 shares in the cooperative. He has been asked to join the XYZ Cooperative Employees Association. He seeks your advice on whether he can join the association. What advice will you give him? (3%) XI Because of continuing financial constraints, XYZ, Inc. gave its employees the option to voluntarily resign from the company. A was one of those who availed of the option. On October 5, 2007, he was paid separation benefits equivalent to seven (7) months pay for his six (6) years and seven (7) months of service with the company and he executed a waiver and quitclaim. A week later, A filed against XYZ, Inc. a complaint for illegal dismissal. While he admitted that he was not forced to sign the quitclaim, he contended that he agreed to tender his voluntary resignation on the belief that XYZ, Inc. was closing down its business. XYZ, Inc., however, continued its business under a different company name, he claimed. Rule on whether the quitclaim executed by A is valid or not. Explain. (3%) XII On December 12, 2008, A signed a contract to be part of the crew of ABC Cruises, Inc. through its Philippine manning agency XYZ. Under the standard employment contract of the Philippine Overseas Employment Administration (POEA), his employment was to commence upon his actual departure from the port in the point of hire, Manila, from where he would take a flight to the USA to join the cruise ship MS Carnegie. However, more than three months after A secured his exit clearance from the POEA for his supposed departure on January 15, 2009, XYZ still had not deployed him for no valid reason. Is A entitled to relief? Explain. (3%) XIII A is employed by XYZ Company where XYZ Employees Union (XYZ-EU) is the recognized exclusive bargaining agent. Although A is a member of rival union XYR-MU, he receives the benefits under the CBA that XYZ-EU had negotiated with the company. XYZ-EU assessed A a fee equivalent to the dues and other fees paid by its members but A insists that he has no obligation to pay said dues and fees because he is not a member of XYZEU and he has not issued an authorization to allow the collection. Explain whether his claim is meritorious. (3%) After working from 10 a.m. to 5 p.m. on a Thursday as one of 5,000 employees in a beer factory, A hurried home to catch the early evening news and have dinner with his family. At around 10 p.m. of the same day, the plant manager called and ordered A to fill in for C who missed the second shift. a. b. May A validly refuse the plant managers directive? Explain. (2%) Assuming that A was made to work from 11 p.m. on Thursday until 2 a.m. on Friday, may the company argue that, since he was two hours late in coming to work on Thursday morning, he should only be paid for work rendered from 1 a.m. to 2 a.m.? Explain? (3%)

XV Samahang Manggagawa ng Terracota, a union of supervisory employees at Terracota Inc., recently admitted a member of the companys managerial staff, A, into the union ranks. a. b. Should A be a member of the supervisory union? Explain. (2%) Assuming that A is ineligible to join the union, should the registration of Samahang Manggagawa ng Terracota be cancelled? Explain. (3%)

XVI On the first day of collective bargaining negotiations between rankand-file Union A and B Bus Company, the former proposed a P45/day increase. The company insisted that ground rules for negotiations should first be established, to which the union agreed. After agreeing on ground rules on the second day, the union representatives reiterated their proposal for a wage increase. When company representatives suggested a discussion of political provisions in the Collective Bargaining Agreement as stipulated in the ground rules, union members went on mass leave the next day to participate in a whole-day prayer rally in front of the company building. a. The company filed a petition for assumption of jurisdiction with the Secretary of Labor and Employment. The Union opposed the petition, arguing that it did not intend to stage a strike. Should the petition be granted? Explain. (2%) The Union contended that assuming that the mass leave will be considered as a strike, the same was valid because of the refusal of the company to discuss the economic provisions of the CBA. Rule on the contention. (2%) Union member AA, a pastor who headed the prayer rally, was served a notice of termination by management after it filed the petition for assumption of jurisdiction. May the company validly terminate AA? Explain. (2%)

b.

c.

XVII

A was hired to work in a sugar plantation performing such tasks as weeding, cutting and loading canes, planting cane points, fertilizing and cleaning the drainage. Because his daily presence in the field was not required, A also worked as a houseboy at the house of the plantation owner. For the next planting season, the owner decided not to hire A as a plantation worker but as a houseboy instead. Furious, A filed a case for illegal dismissal against the plantation owner. Decide with reason. (3%) XVIII Flight attendant A, five feet and six inches tall, weighing 170 pounds ended up weighing 220 pounds in two years. Pursuant to the long standing Cabin and Crew Administration Manual of the employer airline that set a 147-pound limit for As height, management sent A a notice to shape up or ship out within 60 days. At the end of the 60-day period, A reduced her weight to 205 pounds. The company finally served her a Notice of Administration Charge for violation of company standards on weight requirements. Should A be dismissed? Explain. (3%) XIX

Rules and Regulations, the obligation to register personnel with the POEA belongs to the officers of a recruitment agency. a. b. May X be held criminally liable for illegal recruitment? Explain. (2%) May the officers having control, management or direction of Alpha Personnel Services, Inc. be held criminally liable for illegal recruitment? Explain. (3%)

XXII A was recruited to work abroad by Speedy Recruitment Agency as a technician for a Saudi Arabian construction firm, with a monthly salary of $650.00. When she got to the construction site, the employer compelled her to sign another contract that referred her to another employer for a salary of $350.00. She worked for the second employer and was paid $350.00 until her two-year contract expired. Upon her return to the Philippines, she filed a case against the agency and the two employers. May the agency validly raise the defense that it was not privy to the transfer of A to the second employer? Explain. (3%) XXIII

Several employees and members of Union A were terminated by Western Phone Co. on the ground of redundancy. After complying with the necessary requirements, the Union staged a strike and picketed the premises of the company. The management then filed a petition for the Secretary of Labor and Employment to assume jurisdiction over the dispute. Without the benefit of a hearing, the Secretary issued an Order to assume jurisdiction and for the parties to revert to the status quo ante litem. a. b. Was the order to assume jurisdiction legal? Explain. (2%) Under the same set of facts the Secretary instead issued an Order directing all striking workers to return to work within 24 hours, except those who were terminated due to redundancy. Was the Order legal? Explain. (3%)

A worked as a roomboy in La Mallorca Hotel. He sued for underpayment of wages before the NLRC, alleging that he was paid below the minimum wage. The employer denied any underpayment, arguing that based on long standing, unwritten policy, the Hotel provided food and lodging to its housekeeping employees, the costs of which were partly shouldered by it and the balance was charged to the employees. The employees corresponding share in the costs was thus deducted from their wages. The employer concluded that such valid deduction naturally resulted in the payment of wages below the prescribed minimum. If you were the Labor Arbiter, how would you rule? Explain. (3%) XXIV. Rank-and-file workers from Peacock Feathers, a company with 120 employees, registered their independent labor organization with the Department of Labor and Employment (DOLE) Regional Office. Management countered with a petition to cancel the unions registration on the ground that the minutes of ratification of the union constitution and by-laws submitted to the DOLE were fraudulent. Specifically, management presented affidavits of ten (10) out of forty (40) individuals named in the list of union members who participated in the ratification, alleging that they were not present at the supposed January 1, 2010 meeting held for the purpose. The union argued that the stated date of the meeting should have read January 11, 2010, instead of January 1, 2010, and that, at any rate, the other thirty (30) union members were enough to register a union. Decide with reason. (3%) XXV. Company C, a toy manufacturer, decided to ban the use of cell phones in the factory premises. In the pertinent Memorandum, management explained that too much texting and phone-calling by employees disrupted company operations. Two employeesmembers of Union X were terminated from employment due to violation of the memorandum-policy. The union countered with a prohibitory injunction case (with prayer for the issuance of a temporary restraining order) filed with the Regional Trial Court, challenging the validity and constitutionality of the cell phone ban. The company filed a motion to dismiss, arguing that the case should be referred to the grievance machinery pursuant to an existing

XX A, a driver for a bus company, sued his employer for nonpayment of commutable service incentive leave credits upon his resignation after five years of employment. The bus company argued that A was not entitled to service incentive leave since he was considered a field personnel and was paid on commission basis and that, in any event, his claim had prescribed. If you were the Labor Arbiter, how would you rule? Explain. (6%) XXI A was approached for possible overseas deployment to Dubai by X, an interviewer of job applicants for Alpha Personnel Services, Inc., an overseas recruitment agency. X required A to submit certain documents (passport, NBI clearance, medical certificate) and to pay P25,000 as processing fee. Upon payment of the said amount to the agency cashier, A was advised to wait for his visa. After five months, A visited the office of Alpha Personnel Services, Inc. during which X told him that he could no longer be deployed for employment abroad. A was informed by the Philippine Overseas Employment Administration (POEA) that while Alpha Personnel Services, Inc. was a licensed agency, X was not registered as its employee, contrary to POEA Rules and Regulations. Under POEA

Collective Bargaining Agreement with Union X, and eventually to Voluntary Arbitration. Is the company correct? Explain. (3%) NOTHING FOLLOWS. 2009 LABOR LAW BAR EXAM QUESTIONS PART I I TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%) a. b. c. d. e. An employment contract prohibiting employment in a competing company within one year from separation is valid. All confidential employees are disqualified to unionize for the purpose of collective bargaining. A runaway shop is an act constituting unfair labor practice. In the law on labor relations, the substitutionary doctrine prohibits a new collective bargaining agent from repudiating an existing collective bargaining agreement. The visitorial and enforcement powers of the DOLE Regional Director to order and enforce compliance with labor standard laws can be exercised even when the individual claim exceeds P5,000.00.

a. b. c.

The Labor Arbiter has no jurisdiction over the case; (2%) Because Richie was not able to leave for Qatar, no employer-employee relationship was established between them; (2%) and Even assuming that they are liable, their liability would, at most, be equivalent to Richies salary for only six (6) months, not two years. (3%).

Rule on the validity of the foregoing arguments with reasons. IV Diosdado, a carpenter, was hired by Building Industries Corporation (BIC), and assigned to build a small house in Alabang. His contract of employment specifically referred to him as a "project employee," although it did not provide any particular date of completion of the project. Is the completion of the house a valid cause for the termination of Diosdados employment? If so, what are the due process requirements that the BIC must satisfy? If not, why not? (3%) V a. Baldo was dismissed from employment for having beenabsent without leave (AWOL) for eight (8) months. It turned outthat the reason for his absence was his incarceration after he was mistaken as his neighbors killer. Eventually acquitted and released from jail, Baldo returned to his employer and demanded reinstatement and full backwages. Is Baldo entitled to reinstatement and backwages? Explain your answer. (3%) Domingo, a bus conductor of San Juan Transportation Company, intentionally did not issue a ticket to a female passenger, Kim, his long-time crush. As a result, Domingo was dismissed from employment for fraud or willful breach of trust. Domingo contests his dismissal, claiming that he is not a confidential employee and, therefore, cannot be dismissed from the service for breach of trust. Is Domingo correct? Reasons. (2%)

II a. Enumerate at least four (4) policies enshrined in Section 3, Article XIII of the Constitution that are not covered by Article 3 of the Labor Code on declaration of basic policy. (2%) Clarito, an employee of Juan, was dismissed for allegedly stealing Juans wristwatch. In the illegal dismissal case instituted by Clarito, the Labor Arbiter, citing Article 4 of the Labor Code, ruled in favor of Clarito upon finding Juans testimony doubtful. On appeal, the NLRC reversed the Labor Arbiter holding that Article 4 applies only when the doubt involves "implementation and interpretation" of the Labor Code provisions. The NLRC explained that the doubt may not necessarily be resolved in favor of labor since this case involves the application of the Rules onEvidence, not the Labor Code. Is the NLRC correct? Reasons. (3%) b.

b.

VI Albert, a 40-year old employer, asked his domestic helper, Inday, to give him a private massage. When Inday refused, Albert showed her Article 141 of the Labor Code, which says that one of the duties of a domestic helper is to minister to the employers personal comfort and convenience. a. b. Is Indays refusal tenable? Explain. (3%) Distinguish briefly, but clearly, a "househelper" from a "homeworker." (2%)

III Richie, a driver-mechanic, was recruited by Supreme Recruiters (SR) and its principal, Mideast Recruitment Agency (MRA), to work in Qatar for a period of two (2) years. However, soon after the contract was approved by POEA, MRA advised SR to forego Richies deployment because it had already hired another Filipino driver-mechanic, who had just completed his contract in Qatar. Aggrieved, Richie filed with the NLRC a complaint against SR and MRA for damages corresponding to his two years salary under the POEA-approved contract. SR and MRA traversed Richies complaint, raising the following arguments:

VII Johnny is the duly elected President and principal union organizer of the Nagkakaisang Manggagawa ng Manila Restaurant (NMMR), a legitimate labor organization. He was unceremoniously dismissed by management for spending virtually 95% of his working hours in union activities. On the same day Johnny received the notice of termination, the labor union went on strike.

Management filed an action to declare the strike illegal, contending that: a. b. The union did not observe the "cooling-off period" mandated by the Labor Code; (2%) and The union went on strike without complying with the strike-vote requirement under the Labor Code. (2%) Rule on the foregoing contentions with reasons. c. The Labor Arbiter found management guilty of unfair labor practice for the unlawful dismissal of Johnny. The decision became final. Thereafter, the NMMR filed a criminal case against the Manager of Manila Restaurant. Would the Labor Arbiters finding be sufficient to secure the Managers conviction? Why or why not? (2%)

TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%) a. b. c. d. e. Seafarers who have worked for twenty (20) years on board the same vessel are regular employees. Employment of children below fifteen (15) years of age in any public or private establishment is absolutely prohibited. Government employees have the right to organize and join concerted mass actions without incurring administrative liability. A waiver of the right to claim overtime pay is contrary to law. Agency fees cannot be collected from a non-union member in the absence of a written authorization signed by the worker concerned.

VIII Alexander, a security guard of Jaguar Security Agency (JSA), could not be given any assignment because no client would accept him. He had a face only a mother could love. After six (6) months of being on "floating" status, Alexander sued JSA for constructive dismissal. The Labor Arbiter upheld Alexanders claim of constructive dismissal and ordered JSA to immediately reinstate Alexander. JSA appealed the decision to the NLRC. Alexander sought immediate enforcement of the reinstatement order while the appeal was pending. JSA hires you as lawyer, and seeks your advice on the following: a. b. c. Because JSA has no client who would accept Alexander, can it still be compelled to reinstate him pending appeal even if it has posted an appeal bond? (2%) Can the order of reinstatement be immediately enforced in the absence of a motion for the issuance of a writ of execution? (2%) If the order of reinstatement is being enforced, what should JSA do in order to prevent reinstatement? (2%)

XII In her State of the Nation Address, the President stressed the need to provide an investor-friendly business environment so that the country can compete in the global economy that now suffers from a crisis bordering on recession. Responding to the call, Congress passed two innovative legislative measures, namely: (1) a law abolishing the security of tenure clause in the Labor Code; and (2) a law allowing contractualization in all areas needed in the employers business operations. However, to soften the impact of these new measures, the law requires that all employers shall obtain mandatory unemployment insurance coverage for all their employees. The constitutionality of the two (2) laws is challenged in court. As judge, how will you rule? (5%) XIII Atty. Renan, a CPA-lawyer and Managing Partner of an accounting firm, conducted the orientation seminar for newly-hired employees of the firm, among them, Miss Maganda. After the seminar, Renan requested Maganda to stay, purportedly to discuss some work assignment. Left alone in the training room, Renan asked Maganda to go out with him for dinner and ballroom dancing. Thereafter, he persuaded her to accompany him to the mountain highway in Antipolo for sight-seeing. During all these, Renan told Maganda that most, if not all, of the lady supervisors in the firm are where they are now, in very productive and lucrative posts, because of his favorable endorsement. a. Did Renan commit acts of sexual harassment in a workrelated or employment environment? Reasons. (3%) b. The lady supervisors in the firm, slighted by Renans revelations about them, succeeded in having him expelled from the firm. Renan then filed with the Arbitration Branch of the NLRC an illegal dismissal case with claims for damages against the firm. Will the case prosper? Reasons. (2%) XIV Jolli-Mac Restaurant Company (Jolli-Mac) owns and operates the largest food chain in the country. It engaged Matiyaga Manpower Services, Inc. (MMSI), a job contractor registered with the

Explain your answers. IX a. b. What is wage distortion? Can a labor union invoke wage distortion as a valid ground to go on strike? Explain. (2%) What procedural remedies are open to workers who seek correction of wage distortion? (2%)

X a. b. State briefly the compulsory coverage of the Government Service Insurance Act. (2%) Can a member of a cooperative be deemed an employee for purposes of compulsory coverage under the Social Security Act? Explain. (2%)

PART II XI

Department of Labor and Employment, to provide its restaurants the necessary personnel, consisting of cashiers, motorcycle delivery boys and food servers, in its operations. The Service Agreement warrants, among others, that MMSI has a paid- up capital of P2,000,000.00; that it would train and determine the qualification and fitness of all personnel to be assigned to Jolli- Mac; that it would provide these personnel with proper Jolli-Mac uniforms; and that it is exclusively responsible to these personnel for their respective salaries and all other mandatory statutory benefits. After the contract was signed, it was revealed, based on research conducted, that MMSI had no other clients except Jolli- Mac, and one of its major owners was a member of the Board of Directors of Jolli-Mac. a. b. Is the Service Agreement between Jolli-Mac and MMSI legal and valid? Why or why not? (3%) If the cashiers, delivery boys and food servers are not paid their lawful salaries, including overtime pay, holiday pay, 13th month pay, and service incentive leave pay, against whom may these workers file their claims? Explain. (2%)

Agreement (CBA) effective for the period January 1, 2002 to December 31, 2007. For the 4th and 5th years of the CBA, the significant improvements in wages and other benefits obtained by the Union were: 1) Salary increases of P1,000 and P1,200 monthly, effective January 1, 2006 and January 1, 2007, respectively; 2) Vacation Leave and Sick Leave were adjusted from 12 days to 15 days annually for each employee; 3) Medical subsidy of P3,000 per year for the purchase of medicines and hospitalization assistance of P10,000 per year for actual hospital confinement; 4) Rice Subsidy of P600 per month, provided the employee has worked for at least 20 days within the particular month; and 5) Birthday Leave with Pay and Birthday Gift of P1,500. As early as October 2007, the Company and the Union started negotiations to renew the CBA. Despite mutual good faith and earnest efforts, they could not agree. However, no union filed a petition for certification election during the freedom period. On March 30, 2008, no CBA had been concluded. Management learned that the Union would declare a bargaining deadlock on the next scheduled bargaining meeting. As expected, on April 3, 2008, the Union declared a deadlock. In the afternoon of the same day, management issued a formal announcement in writing, posted on the bulletin board, that due to the CBA expiration on December 31, 2007, all fringe benefits contained therein are considered withdrawn and can no longer be implemented, effective immediately. a. b. c. When was the "freedom period" referred to in the foregoing narration of facts? Explain. (2%) After April 3, 2008, will a petition for certification election filed by another legitimate labor union representing the rank-and-file employees legally prosper? Reasons. (3%) Is managements withdrawal of the fringe benefits valid? Reasons. (2%) d. If you were the lawyer for the union, what legal recourse or action would you advise? Reasons. (3%)

XV Among the 400 regular rank-and-file workers of MNO Company, a certification election was ordered conducted by the Med-Arbiter of the Region. The contending parties obtained the following votes: 1. Union A - 70 2. Union B - 71 3. Union C - 42 4. Union D - 33 5. No union - 180 6. Spoiled votes - 4 There were no objections or challenges raised by any party on the results of the election. a. Can Union B be certified as the sole and exclusive collective bargaining agent among the rank-and-file workers of MNO Company considering that it garnered the highest number of votes among the contending unions? Why or why not? (3%) May the management or lawyer of MNO Company legally ask for the absolute termination of the certification election proceedings because 180 of the workers --- a clear plurality of the voters --- have chosen not to be represented by any union? Reasons. (3%) If you were the duly designated election officer in this case, what would you do to effectively achieve the purpose of certification election proceedings? Discuss. (3%)

b.

c.

XVII Alfredo was dismissed by management for serious misconduct. He filed suit for illegal dismissal, alleging that although there may be just cause, he was not afforded due process by management prior to his termination. He demands reinstatement with full backwages.

XVI The Company and Triple-X Union, the certified bargaining agent of rank-and-file employees, entered into a Collective Bargaining

a. b.

What are the twin requirements of due process which the employer must observe in terminating or dismissing an employee? Explain. (3%) Is Alfredo entitled to reinstatement and full backwages? Why or why not? (3%) b.

XVIII a. b. Cite four (4) instances when an illegally dismissed employee may be awarded separation pay in lieu of reinstatement. (3%) Explain the impact of the union security clause to the employees right to security of tenure. (2%)

constitutional right to security of tenure was violated when they were dismissed without valid, just or authorized cause. SDS, in defense, argued that Lina, et al. Agreed prior to engagement - to a fixed period employment and thus waived their right to a full-term tenure. Decide the dispute. (4%) The owner of SDS considered the hunger strike staged by Lina, et al.., an eyesore and disruptive of SDS business. He wrote the Secretary of Labor a letter asking him to assume jurisdiction over the dispute and enjoin the hunger "strike". What answer will you give if you were the Secretary of Labor? (3%) Assume that no fixed-term worker complained, yet in a routine inspection a labor inspector of the Regional Office of the Labor Code's security of tenure provisions and recommended to the Regional Director the issuance a compliance order. The Regional Director adopted the recommendation and issued a compliance order. Is the compliance order valid? Explain your answer. (3%)

c.

-NOTHING FOLLOWS2008 LABOR LAW BAR QUESTIONS -Ia. b. Explain the automatic renewal clause of collective bargaining agreements. (3%) Explain the extent of the workers right to participate in policy and decision-making process as provided under Article XIII, Section 3 of the Philippine Constitution. Does it include membership in the Board of Directors of a corporation? (3%) - IV -

Super Comfort Hotel employed a regular pool of "extra waiters" who are called or asked to report for duty when the Hotel's volume of business is beyond the capacity of the regularly employed waiters to undertake. Pedro has been an "extra waiter" for more than 10 years. He is also called upon to work on weekends, on holidays and when there are big affairs at the hotel. What is Pedro's status as an employee under the Labor Code? Why? Explain your answer fully. (6%)

- II a. b. What issues or disputes may be the subject of voluntary arbiration under the Labor Code? (4%) Can a dispute falling within the exclusive jurisdiction of the Labor Arbiter be submitted to voluntary arbiration? Why or why not? (3%) Can a dispute falling within the jurisdiction of a voluntary arbitrator be submitted to compulsory arbitration? Why or why not? (3%)

-VThe Pizza Corporation (PizCorp) and Ready Supply Cooperative (RSC) entered into a "service agreement" where RSC in consideration of service fees to be paid by PizCorp's will exclusively supply PizCorp with a group of RSC motorcycleowning cooperative members who willhenceforth perform PizCorp's pizza delivery service. RSC assumes under the agreement --- full obligation for the payment of the salaries and other statutory monetary benefits of its members deployed to PizCorp. The parties also stipulated that there shall be no employer-employee relationship between PizCorp and the RSC members. However, if PizCorp is materially prejudiced by any act of the delivery impose disciplinary sanctions on, including the power to dismiss, the erring RSC member/s. a. b. Is the contractual stipulation that there is no employeremployee relationship binding on labor officials? Why? Explain fully. (3%) Based on the test/s for employer-employee relationship, determine the issue of who is the employer of the RSC members. (4%) Assume that RSC has a paid-up capitalization of P1,000.000.00 Is RSC engaged in "labor only" contracting, permissible job contracting or simply, recruitment? (3%)

c.

- III Savoy Department Store (SDS) adopted a policy of hiring salesladies on five-month cycles. At the end of a saleslady's fivemonth term, another person is hired as replacement. Salesladies attend to store customers, were SDS uniforms, report at specified hours, and are subject to SDS workplace rules and regulations. Those who refuse the 5-month employment contract are not hired. The day after expiration of her 5-month engagement, Lina wore her SDS white and blue uniform and reported for work but was denied entry into the store premises. Agitated, she went on a hunger strike and stationed herself in front of one of the gates of SDS. Soon thereafter, other employees whose 5-month term had also elapsed, joined Lina's hunger strike. a. Lina and 20 other saleladies filed a complaint for illegal dismissal, conteding that they are SDS regular employees as they performed activities usually necessary or desirable in the usual business or trade of SDS and thus, their

c.

- VI -

On the day that the Union could validly declare a strike, the Secretary of Labor issued an order assuming jurisdiction over the dispute and enjoining the strike, or if one has commenced, ordering the striking workers to immediately return to work. The return-towork order required the employees to return to work within twentyfour hours and was served at 8 a.m. of the day the strike was to start. The order at the same time directed the Company to accept all employees under the same terms and conditions of employment prior to the work stoppage. The Union members did not return to work on the day the Secretary's assumption order was served nor on the next day; instead, they held a continuing protest rally against the company's alleged unfair labor practices. Because of the accompanying picket, some of the employees who wanted to return to work failed to do so. On the 3rd day, the workers reported for work, claiming that they do so in compliance with the Secretary's return-to-work order that binds them as well as the Company. The Company, however, refused to admit them back sionce they had violated the Secretary's return-to-work order and are now considered to have lost their employment status. The Union officers and members filed a complaint for illegal dismissal arguing that there was no strike but a protest rally which is a valid exercise of the workers constitutional right to peaceable assembly and freemdom of expression. Hence, there was no basis for the termination of their employment. You are the Labor Arbiter to whom the case was raffled. Decide, ruling on the following issues: a. b. Was there a strike? (4%) Were the employees simply exercising their constitutional right to petition for redness of their grievances? (3%) What are the consequences, if any, of the acts of the employees? (3%)

filed a complaint with the DOLE Regional Office against RSC and PizCorp. After inspection, it was found that indeed Mario was not getting his correct differential and overtime pay and that he was declared an SSS member (so that no premiums for SSS membership were ever remitted). On this basis, the Regional Director issued a compliance order holding PizCorp and RSC solidarily liable for the payment of the correct differential and overtime pay and ordering PizCorp to report Mario for membership with SSS and remit overdue SSS premiums. Who has the obligation to report the RSC members for membership with the SSS, with the concomitant obligation to remit SSS premiums? Why? (6%) -XPepe Santos was an international flight steward of Flysafe Airlines. Under FSA's Cabin Crew Administration Manual, Santos must maintain, given his height and body frame, a weight of 150 to 170 pounds. After 5 years as a flight steward, Santos began struggling with his weight; he weighed 200 lbs., 30 pounds over the prescribed maximum weight. The Airline gave him a one-year period to attain the prescribed weight, and enrolled him in several wieght reduction programs. He consistently failed to meet his target. He was given a 6-month grace period, after which he still failed to meet the weight limit. FSC thus sent him a Notice of Administrative Charge for violation of company standards on weight requirements. He stated in his answer that, for medical reasons, he cannot have a rapid weight loss. A clarificatory hearing was held where Santos fully explained his predicament. The explanation did not satisfy FSA and so it decided to terminate Santos's service for violation of company standards. Santos filed a complaint for illegal dismissal, arguing that the company's weight requirement policy is unreasonable and that his case is not a disciplinary but a medical issue (as one gets older, the natural tendency is to grow heavier). FSA defended its policy as a valid exercise of management prerogative and from the point of view of passenger safety and extraordinarydiligence required by law of common carriers; it also posited that Santos failure to achieve his ideal weight constituted gross and habitual neglect of duty, as well as willful disobedience to lawful employer orders. The Labor Arbiter found the dismissal illegal for there was neither gross and habitual neglect of duty nor willful disobedience. Is the Labor Arbiter correct? Why or why not? Explain fully. (6%) - XI Complaints had worked five (5) years as waitresses in a cocktail lounge owned by the respondent. They did not receive any salary directly from the respondent but shared in all service charges collected for food and drinks to the extent of 75%. With respondent's prior permission, they could sit with and entertain guest inside the establishment and appropriate for themselves the tips given by guests. After five (5) years, the complaints individual shares in the collected service charges dipped to below minimum wage level as a consequence of the lounge's marked business decline. Thereupon, complaints asked respondent to increase their share in the collected service charges to 85% or the minimun wage level, whichever is higher.

c.

- VII Tito Paciencioso is an employee of a foundry shop in Malabon, Metro Manila. He is barely able to make ends meet with his salary of P4,000.00 a month. One day, he asked his employer to stop deducting from his salary his SSS monthly contribution, reasoning out that he is waiving his social security coverage. If you were Tito's employer, would you grant his request? Why? (6%) - VIII Carol de la Cruz is the secretary of the proprietor of an auto dealership in quezon City. She resides in Caloocan City. Her office hours start at 8 a.m. and end at 5 p.m. On July 30, 2008, at 7 a.m. while waiting for public transport at Rizal Avenue Extension as has been her routine, she was sideswiped by a speeding taxicab resulting in her death. The father of Carol filed a claim for employee's compensation with the Social Security System. Will the claim prosper? Why? (6%) - IX Assume that in Problem 5, Mario, an RSC member disgusted with the non-payment of his night shift differential and overtime pay,

Respondent terminated the services of the complainants who countered by filing a consolidated complaint for unlawful dismissal, with prayer for 85% of the collected services or the minimum wage for the appropriate periods, whichever is higher. Decide. (6%) - XII Arnaldo, President of "Bisig" Union in Femwear Company, readied himself to leave exactly at 5:00 p.m. which was the end of his normal shift to be able to sed off his wife who was scheduled to leave for overseas. However, the General Manager required him to render overtime work to meet the company's export quota. Arnaldo begged off, explaining to the General Manager that he had to see off his wife who was leaving to work abroad. The company dismissed Arnaldo for insubordination. He filed a case for illegal dismissal. Decide (6%) - XIII The rank-and-file union staged a strike in the company premises which caused the disruption of business operations. The supervisors union of the same company filed a money claim for unpaid salaries for the duration of the strike, arguing that the supervisors' failure to report for work was not attributable to them. The company contended that it was equally faultless, for the strike was not the direct consequence of any lockout or unfair labor practice. May the company be held liable for the salaries of the supervisor? Decide (6%) - XIV "Puwersa", a labor federation, after having won in a certification election held in the company premises, sent a letter to respondent company reminding it of its obligation to recognize the local union. Respondent company replied that through it is willing, the rank-andfile employees had already lost interest in joining the local union as they had dissolved it. "Puwersa" argued that since it won in a certification election, it can validly perform its function as a bargaining agent and represent the rank-and-file employees despite the union's dissolution. Is the argument of "Puwersa" tenable? Decide with reasons. (6%) - NOTHING FOLLOWS -

2012 BAR EXAMINATIONS POLITICAL AND INTERNATIONAL LAW Set A 1. Constitution is defined by Cooley as: a. a body of statutory, administrative and political provisions by which the three branches of government are defined; b. a body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised; c. a body of rules and edicts emanating from the rulings of courts and written guidelines of the executive and the legislature by which government is governed; d. a body of interpretations and rules by which the three branches of government are judged for purposes of sovereign compliance with good corporate governance. The three essential parts of a Constitution are: a. the bill of rights, governmental organization and functions, and method of amendment; b. the preamble, the bill of rights, and provisions on checks and balances; c. the national territory, the declaration of principles and state policies, and the transitory provisions; d. the executive department, the legislative department and the judiciary. The constitutional provision on initiative and referendum is not self-executory. This is so because it requires: a. an implementing resolution from the COMELEC; b. an implementing resolution from the Supreme Court; c. an implementing legislation; d. an implementing resolution from the party-list representative of the House of Representatives. In an amendment to the constitution by "initiative and referendum", the "initiative" phase is meant that the people propose the amendments. There is a valid proposal when a proposition has received the approval of: a. at least 3% of the persons of majority age of each district, and 12% of the registered voters of the region from proposal emanates; b. at least 3% of the registered voters of each province and 12% of the total number of registered voters nationwide; c. at least 3% of the registered voters of each district and 12% of the total number of registered voters nationwide; d. more than 3% of the 3% of the registered voters of each district but less than 12% of the total number of registered voters nationwide. The Constitution declares that the Philippines is a republican state. Republicanism means: a. the form of government must be presidential; b. the representatives of the government are elected by the people; c. sovereignty resides in the elected representatives of the government; d. the form of government cannot be changed by the people. A chief characteristic of the presidential form of government is:

2.

3.

4.

5.

6.

concentration of power in the judiciary thru the power of expanded judicial review; b. supremacy of the presidency compared to the totality of powers of the legislative; c. regular periodic election of the President for a fixed term; d. unlimited term for the President for as long as elected by the people in free and honest elections. 7. Which of the following best exemplifies how the system of checks and balances is carried out: a. the legislature passes a law that prohibits the president from commuting a judiciary imposed sentence, as a check of the president; b. the President pardons a convict as a way to set aside or modify a judgment of the judiciary; c. the judiciary overturns a pardon granted by the President as a check on executions; d. the President pardons an accused after arraignment in the interest of justice. 8. Which phrase best completes the statement The starting point of the principle of separation of powers is the assumption of the division of the functions of government into three distinct classes: a. the bill of rights, state policies, and social justice and human rights; b. the accountability of public officers, the constitutional commissions, and the national economy and patrimony; c. the self-executing provisions, the non-selfexecuting provisions, and the self-evident social justice provisions; d. the executive, the legislative, and the judicial. 9. The Constitution provides that the "separation of church and state shall be inviolable." This is implemented most by the constitutional principles embodied in: a. the free exercise clause; b. the non-establishment clause; c. the freedom of religious belief clause; d. the freedom of religion clause. 10. Which one of the following is a non-self-executing provision of the Constitution: a. no law shall be passed abridging the freedom of speech; b. no law shall be made respecting an establishment of religion; c. no person shall be held to answer for a criminal offense without due process of law; d. the state shall encourage and support researches and studies on the arts and culture. 11. Basic Philippine law, in respect of the modes of acquiring citizenship, follows the rule(s) of: a. jus soli and jus sanguinis; b. naturalization and provides for jus soli; c. jus sanguinis and provides for naturalization; d. none of the above. 12. Dual allegiance by citizen is: a. inimical to the national interest and is therefore proscribed by law; b. inimical to the national interest and is therefore prescribed by law; c. inimical to the national interest and therefore shall be dealt with by law; d. inimical to the national interest and is therefore outside of coverage of law.

a.

13. Margarita was born in 1986 to a Filipino mother and Swedish father. She has been living and continues to live in the US for the last 20 years and has also been naturalized as a US citizen. She recently reacquired Philippine citizenship under RA 9225, the Citizenship Retention and Reacquisition Act of 2003. Can Margarita vote in the next national elections? a. Yes. Dual citizens who are not residents may register under the Overseas Absentee Voting Law. b. Yes. Margarita is a Filipino citizen and thus may enjoy the right to suffrage like everyone else without registering as an overseas absentee voter. c. No. Margarita fails the residency requirement under Section 1, Article V of the Constitution for Filipinos. d. No. Dual citizens upon renunciation of their Filipino citizenship and acquisition of foreign citizenship, have practically and legally abandoned their domicile and severed their legal ties to their homeland as a consequence. 14. Identify which one is an invalid exercise of the legislative power: a. legislation by local government on purely local matters; b. law granting an administrative agency the power to define policy and fix standards on price control; c. law authorizing the President, in times of war or other national emergency, for a limited period, subject to prescribed restrictions, to exercise powers necessary and proper to carry out a declared national policy; d. law authorizing the President to fix, within specific limits, tariff rates, import and export quotas, and other duties, within the framework of the national development program of the government. 15. Which one of the following theories does not support the valid delegation of authority by the Congress to an administrative agency: a. an administrative agency may "fill up the details" of a statute; b. the legislature may leave to another body the ascertainment of facts necessary to bring the law into actual operation; c. an administrative agency has equal expertise with the legislature in crafting and implementing laws; d. contingent legislation. 16. The rule in Article V1, Section 5 (3) of the Constitution that "Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory" is a prohibition against: a. re-apportionment; b. commandeering of votes; c. gerrymandering; d. re-districting. 17. Article V1, Section 5(3) of the Constitution requires that for a city to be entitled to have at least one representative, its population shall be at least: a. 250,000; b. 150,000; c. 100,000; d. 175,000. 18. A Senator or Member of the House of Representatives shall be privileged from arrest while Congress is in session

19.

20.

21.

22.

23.

24.

25.

26.

27.

for all offenses punishable by imprisonment of not more than: a. life imprisonment; b. reclusion perpetua; c. six years imprisonment; d. four years imprisonment. No Senator or member of the House of Representatives may personally appear as counsel before: a. any regional court; b. any court of justice; c. any inferior court; d. any appellate court. Which of the following can be changed by an ordinary law enacted by Congress? a. Commencement of the term of office of Senators; b. Date of regular election for President and Vice Presidential; c. Authority to transfer appropriation; d. Regular election of the members of Congress. Congress shall have the sole power to declare the existence of a state of war by vote of: a. three-fourths of both Houses in joint session assembled, voting jointly; b. two-thirds of both Houses in joint session assembled, voting jointly; c. two-thirds of both Houses in separate session assembled, voting jointly; d. two-thirds of both Houses in joint session, voting separately. If by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuring fiscal year, the general appropriations law for the preceding fiscal year shall be deemed: a. referred; b. unacted; c. refilled; d. re-enacted. Provisions unrelated to an appropriation bill are considered prohibited. These are called: a. interlopers; b. riders; c. outriggers; d. add-ons. The requirement that "Every bill shall embrace only one subject which shall be expressed in the title thereof" prevents: a. rollercoaster legislation; b. log-rolling legislation; c. rolling fields legislation; d. loggerhead legislation. The power of the President to veto any particular part in an appropriation revenue, or tariff bill, is called the: a. specific veto; b. revenue veto; c. item veto; d. monetary veto. A tax is progressive when: a. the rate fluctuates as the tax base decreases; b. the rate increases as the tax base remains the same; c. the rate increases as the tax base increases; d. the rate decreases as the tax base increases. When the Supreme Court sits en banc, cases are decided by the concurrence of a majority of the members who:

28.

29.

30.

31.

32.

33.

actually sent in memos on matters for deliberation and called in their votes thereon; b. actually participated in the oral arguments and voted thereon; c. actually took part in the deliberations on the issues in the case and voted thereon; d. actually took part in the voting thereon and took notes on the actual deliberations. When the Supreme Court sits in division, cases can be decided by as few as a minimum of: a. three votes; b. four votes; c. five votes; d. six votes. A person who has a personal and substantial interest in the case, such that he has sustained, or will sustain, direct injury as a result of its enforcement is considered to have: a. understanding to challenge the governmental act; b. standing to challenge the governmental act; c. opportunity to challenge the governmental act; d. familiarity to challenge the governmental act. Congressman Sugar Oll authored a bill called House Bill No, 0056 which legalizes jueteng. When the Bill became law (RA 10156), Fr. Nosu Gal, a priest, filed a petition seeking for the nullification of RA 10156 on the ground that it is unconstitutional as it violates Section 13, Article II, of the 1987 Constitution which states that "The state recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being". Fr. Gal filed the petition as a concerned citizen and as taxpayer. Does Fr. Gal have locus standi? a. No, because Fr. Gal has no personal and substantial interest that will be prejudiced by the implementation of the law; b. No, the law concerns neither citizens nor expenditure of public funds; c. Yes, because the issue is of transcendental importance; d. Yes, because as priest, Fr. Gal has special interest in the well-being of the youth. Where there is "the impossibility of a courts undertaking independent resolution without expressing lack of the respect due coordinate branches of government; or an unusual need for unquestioning adherence to a political decision already made; or the potentially of embarrassment from multifarious pronouncement by various departments on a question," describes what kind of political question: a. adherence kind; b. prudential kind; c. respectful kind; d. deference kind. The "operative fact" doctrine of constitutional law is applied when a law is declared: a. operative; b. factual; c. constitutional; d. unconstitutional. The totality of governmental power is contained in three great powers: a. police power, power of sequestration, power of foreign policy; b. power of immigration, municipal power, legislative power;

a.

34.

35.

36.

37.

38.

39.

40.

executive power, legislative power, judicial power; d. police power, power of eminent domain, power of taxation. The most essential, insistent and the least limitable of (government) powers, extending as it does to all the great public needs, is: a. emergency power; b. police power; c. legislative power; d. power to declare martial law. 35. In the hierarchy of civil liberties, which right occupies the highest preferred position: a. right to academic freedom; b. right to a balanced and healthful ecology; c. right to freedom of expression and of assembly; d. right to equal health. In which of the following would there be no double jeopardy even if a subsequent case is filed? a. Pot is accused before the RTC of qualified theft. After innumerable postponements against Pots wishes, he moves for dismissal for denial of the right to a speedy trial. Prosecutor objected. Dismissal granted; b. Pot is accused before the RTC of qualified theft. After innumerable postponements against Pots wishes, the prosecutor moves for dismissal with the consent of Pot. Granted; c. Pot is accused before the RTC of qualified theft. After innumerable postponements against Pots wishes, he moves for dismissal for denial of the right to a speedy trial. Prosecutor posts no objections. Dismissal granted; d. Pot is accused before the RTC of qualified theft. After innumerable postponements against Pots wishes, the prosecutor moves for dismissal over the objections of Pot. Granted. Under Article III, Section 2 of the Bill of Rights, which provides for the exclusion of evidence that violate the right to privacy of communication and correspondence, to come under the exclusionary rule, the evidence must be obtained by: a. private individuals acting on their own; b. government agents; c. private individuals acting on orders of superiors; d. former high government officials. The complementing regime that best characterizes the guarantees of freedom of speech and of the press are: a. prior punishment and moderate punishment; b. prior censorship and subsequent remedies; c. no prior restraint and subsequent punishment; d. no prior restraint and no subsequent punishment. The free exercise and non-establishment clauses pertain to which right under the Bill of Rights: a. liberty of movement; b. liberty of abode; c. religion; d. life and liberty. The Gangnam Styles Witnesses (whose tenets are derogatory to the Catholic Church), applied for a permit to use the public plaza and kiosk to hold their religious meeting on the occasion of their founding anniversary. Mayor Lebron allowed them to use the northwestern part of the plaza but not the kiosk (which is a few meters away from the Catholic church). Members of the Gangnam Style

c.

41.

42.

43.

44.

45.

46.

47.

Witnesses claim that the act of Mayor Lebron is a violation of their freedom of assembly and religion. Is this correct? a. No, because this is valid exercise of police power; b. Yes, because the plaza being of public use can be used by anybody regardless of religious belief; c. No, because historical experience shows that peace and order may be disturbed whenever two opposing religious groups or beliefs expound their dogmas; d. Yes, because there is no clear and present danger in holding a religious meeting by another religious group near a catholic church. Which one is NOT a recognized limitation to the right to information on matters of public concern: a. national security matters; b. trade secrets and banking transactions; c. criminal matters or classified law enforcement matters; d. government research data used as a basis for policy development. Which one of the following circumstances is NOT an element of taking under eminent domain: a. entering upon public property for a momentary period; b. under color of legal authority; c. devoting it to public use; d. as substantially to cust the owner of all beneficial ownership. Market value for purposes of determining just compensation in eminent domain has been described as the fair value of property: a. between one who desires to purchase and one does not desire to sell; b. between one who desires to purchase and one who wants to delay selling; c. between one who desires to purchase and one who desires to sell; d. between one who desires to purchase on terms and one who desires to sell after a period of time. Under Article III, Section 12 of the Constitution, any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent, etc. The investigation referred to is called: a. preliminary investigation; b. summary investigation; c. criminal investigation; d. custodial investigation. All persons charged shall, before conviction, be bailable by sufficient sureties, except those charged with: a. offenses punishable by death when evidence of guilt is strong; b. offenses punishable by life imprisonment when evidence of guilt is strong; c. offenses punishable by death when evidence of guilt is weak; d. offenses punishable by reclusion perpetua when evidence of guilt is strong. Criminal trial may proceed, notwithstanding the absence of the accused provided that he has been duly notified, and his failure to appear is unjustifiable, after: a. preliminary investigation; b. arraignment; c. sentencing; d. prosecution has rested its case. The requisites of a valid trial in absentia exclude:

48.

49.

50.

51.

52.

53.

Wherein his/her failure to appear is unjustifiable; Wherein he/she allows himself/herself to be identified by the witness in his/her absence, without further unqualified admitting that every time a witness mentions a name by which he/she is known, it shall be understood to refer to him/her; c. Wherein he/she has been duly notified of the trial; d. Wherein the accused has already been arraigned. The privilege of the writ of habeas corpus shall not be suspended except in cases of: a. imminent danger of invasion or rebellion when the public safety requires it; b. grave danger of invasion or rebellion when the public safety requires it; c. clear and present danger of invasion or rebellion when the public safety requires it; d. invasion or rebellion when the public safety requires it. The right of the accused against self-incrimination will be violated if: a. he is charged with violation of the Anti-Money Laundering Act and he was required to produce his bank passbook; b. he is a public officer charged with amassing illgotten wealth and his statement of assets and liabilities will be presented as evidence; c. his gun was subjected to a ballistics test; d. a sample of his blood was taken if his blood type matches the blood type found at the scene of the crime. The death penalty shall not be imposed: a. unless for compelling reasons involving death penalty crimes and the executive hereafter provides for it; b. unless for compelling reasons involving heinous crimes and a constitutional amendment provides for it; c. unless for compelling reasons involving heinous crimes and Congress hereafter provides for it; d. unless for compelling reasons involving heinous crimes and the Supreme Court hereafter upholds it. An ex post facto law has been defined as one: a. which aggravates a crime or makes it lesser than when it was committed; b. which mitigates a crime or makes it lesser than when it was committed; c. which aggravates a crime or makes it greater than when it was committed; d. which aggravates a crime or makes it noncriminal after it was committed. A bill of attainder is: a. an executive act which inflicts punishment without tender; b. a judicial act which inflicts punishment without tender; c. a legislative act which inflicts punishment without trial; d. a legislative act which pardons punishment after tender. Which one of the following is NOT an independent Constitutional Commission under Article IX, Section 1 of the Constitution: a. Commission on Elections;

a. b.

54.

55.

56.

57.

58.

59.

60.

61.

62.

63.

b. Commission on Human Rights; c. Civil Service Commission; d. Commission on Audit. The independent Constitutional Commissions enjoy: a. decisional autonomy; b. organizational autonomy; c. fiscal autonomy; d. quasi-judicial autonomy. The Civil Service shall be administered by the Civil Service Commission composed of a: a. Chairman and a Commissioner; b. Chairman and two (2) Commissioners; c. Chairman and three (3) Commissioners; d. Chairman and four (4) Commissioners. In Oposa vs. Factoran, Jr., G.R. No. 101083, July 30, 1993, the Supreme Court held that the personality of the petitioners to sue is based on the concept of: a. ecological responsibility; b. environmental accountability; c. intergenerational responsibility; d. interdisciplinary responsibility. In a unitary system of government, such as the government under the Philippine Constitutor, local government can only be: a. an imperuim in imperio; b. an infa-sovereign subdivision; c. a sovereign nation; d. a sovereign entity. Which one is NOT among the Constitutionally mandated grounds for impeachment of impeachable officials: a. culpable violation of the Constitution; b. treason, bribery, graft and corruption and other high crimes; c. betrayal of public trust; d. culpable violation of the duty to be at all times accountable to the people. Which is NOT an impeachable public officer: a. a justice of the Supreme Court; b. a commissioner of the Comelec; c. the administrator of the Supreme Court; d. the Ombudsman. Which has the exclusive power to initiate all cases of impeachment: a. the Senate; b. the House of Representatives; c. the Senate President; d. the Speaker of the House of Representatives. At least one-third of all the members of the House of Representatives may file articles of impeachment by: a. verified bill and resolution; b. verified complaint and resolution; c. verified notice and resolution; d. verified complaint and notice. The President cannot grant pardon in cases of impeachment. He may however exercise such power when: a. A person convicted in an impeachment proceeding is subject to prosecution, trial and punishment in an ordinary criminal action; b. A person convicted in an impeachment proceeding is granted an absolute pardon; c. A person convicted in an impeachment proceeding files his appeal before the Supreme Court; d. None of the above. A public officer impeached and removed from office shall:

64.

65.

66.

67.

68.

69.

70.

71.

72.

nevertheless be immure from prosecution, trial and punishment according to law; b. nevertheless be liable and subject to prosecution, trial and punishment under the Anti-Graft and Corrupt Practices Act; c. nevertheless be liable and subject to prosecution, trial and punishment according to law; d. nevertheless be liable and subject to prosecution, trial and punishment only for criminal acts under the law. The Ombudsman and his deputies are appointed by the President from a list prepared by: a. the Integrated Bar of the Philippines; b. the Commission on Appointments; c. the Judicial and Bar Council; d. the Supreme Court. SALN means: a. Summary of assets, liabilities and net worth; b. Statement of assets in banks, liabilities and net worth; c. Statement of assets, liabilities and net worth; d. Statement of personal assets, liabilities and net worth. The independent economic planning agency of the Government as provided for by the Constitution is the: a. National Privatization Office; b. National Productivity Commission; c. National Economic Development Authority; d. National Economic Council. The Independent Central Monetary Authority of the Government is the: a. Bankers Association of the Philippines; b. Philippine Mission of the International Monetary Fund; c. Central Bank of the Philippines; d. World Bank, Philippine Affiliate. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines only upon prior concurrence of the: a. House of Representatives; b. Senate; c. Central Bank; d. Monetary Board. Bona fide associations of citizens which demonstrate capacity of promote the public interest and with identifiable leadership, membership, and structure are: a. independent party-list organizations; b. independent sectoral organizations; c. independent indigenous organizations; d. independent peoples organizations. The principal function of the Commission on Human Rights is: a. issue writs of injunction/ restraining orders; b. investigatory; c. quasi-judicial; d. rule-making. Optional religious instruction in public elementary and high schools is allowed provided it be: a. without additional overtime cost to Government; b. without additional cost to Government; c. without additional cost for religious books to Government; d. without additional power consumption costs to Government. Academic freedom shall be enjoyed:

a.

73.

74.

75.

76.

77.

78.

79.

80.

81.

a. in all public institutions; b. in all elementary and high schools; c. in all schools; d. in all institutions of higher learning. Under Article 38(1) of the Statute of the International Court of Justice, which one of the following is NOT considered a source of international law: a. international conventions; b. international custom; c. international humanitarian law; d. general principles of law. In international law, it is a norm which States cannot derogate or deviate from their agreements: a. terra nullius; b. opinio juris; c. jus cogens; d. jus cogentus. In international law, the status of an entity as a State is accepted by other States through this act. It is the "act by which another State acknowledges that the political entity recognized possesses the attributes of statehood." a. accession; b. recognition; c. acknowledgment; d. attribution. An act or process by which a State, in compliance with a formal demand or request, surrenders to another State an alleged offender or fugitive criminal who has sought refuge in the territory of the first State, in order to stand trial or complete his prison term: a. extramediation; b. exterrertioriality; c. extradition; d. extraterritoriality. This doctrine considers the general or customary norms of international law as a part of municipal law and are to be enforced as such, without regard as to whether they are enacted as statutory or legislative rules or not: a. accession; b. incorporation; c. accretion; d. adoption. Under the United Nations Conference of the Law of the Sea (UNCLOS), the extent of the contiguous zone is: a. 3 nautical miles from the lowest water mark; b. 12 miles from the outer limits; c. 12 miles from the lowest water mark; d. 200 miles from the outer limits. It is a line from which the breadth of the territorial sea and other maritime zones is measured: a. contiguous line; b. economic line; c. baseline; d. archipelagic line. It is a maritime zone adjacent to the territorial seas where the coastal state may exercise certain protective jurisdiction: a. baseline zone; b. contiguous zone; c. transit zone; d. appurtenant zone. Butchoy installed a jumper cable. He was prosecuted under a Makati ordinance penalizing such act. He moved for its dismissal on the ground that the jumper cable was within the territorial jurisdiction of Mandaluyong and not Makati.

82.

83.

84.

85.

86.

The case was dismissed. The City of Mandaluyong thereafter filed a case against him for theft under the Revised Penal Code (RCP). Is there double jeopardy? a. No. The first jeopardy was terminated with his express consent; b. Yes. This is double jeopardy of the second kind prosecution for the same act under an ordinance and a law; c. Yes. He is prosecuted for the same offense which has already been dismissed by the City of Makati; d. No. The second kind of double jeopardy under Section 21, Article III only contemplates conviction or acquittal which could terminate a first jeopardy. One of the cardinal primary due process rights in administrative proceedings is that evidence must be "substantial." "Substantial evidence" is: a. less than a mere scintilla; b. less than preponderant scintilla; c. more than a glint of scintilla; d. more than a mere scintilla. A statutory provision requiring the President or an administrative agency to present the proposed implementing rules and regulations of a law to Congress which by itself or through a committee formed by it, retains a "right" or "power" to approve or disapprove such regulations before they may take effect, is a: a. legislative encroachment; b. legislative veto; c. legislative oversight; d. legislative scrutiny. Which one of the enumeration below does not come under the Administrative Code definition of a "rule": a. agency statement of general applicability that implements or interprets a law; b. fixes and describes the procedures in or practice requirements of, an agency; c. includes memoranda and statements concerning internal administration; d. an agency process for the formulation of a final order. Under the Administrative Code, "adjudication" means: a. whole or any part of any agency permit, certificate, or other form of permission, or regulation of the exercise of a right or privilege; b. an agency process for the formulation of a final order; c. agency process for the formulation, amendment, or repeal of a rule; d. agency process involving the grant, renewal, denial, revocation or conditioning of a license. The requirement of the Administrative Code on "public participation" is that, if not otherwise required by law, an agency shall: a. in all cases, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule; b. in all clear and proper cases, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule; c. as far as practicable, publish or circulate notices of proposed rules and afford the party-list parties

87.

88.

89.

90.

91.

92.

93.

the opportunity to submit their views prior to the adoption of any rule; d. as far as practicable, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule. Under the Administrative Code, in the fixing of rates, no rules or final order shall be valid unless: a. the proposed rates shall have been submitted to the U.P. Law Center for publication at least two weeks before the first hearing thereon; b. the proposed rates shall have been published in the Official Gazette at least two weeks before the final hearing thereon; c. the proposed rates shall have been published in a newspaper of general circulation at least two weeks before the first hearing thereon; d. the proposed rates shall have been published in a newspaper of general circulation at least two weeks before the final hearing thereon. In the judicial review of decisions of administrative agencies, the Administrative Code requires that the review shall be made: a. on the basis of the pleadings taken as a whole; b. on the basis of the record taken as a whole; c. on the basis of the evidence taken as a whole; d. on the basis of the memoranda taken as a whole. In the judicial review of decisions of administrative agencies, the Administrative Code requires that, except when specifically provided otherwise by law: a. the findings of law of agency when supported by substantial evidence, shall be final; b. the findings of fact of the agency when supported by preponderant evidence, shall be final; c. the findings of fact of the agency when supported by substantial evidence, shall be final; d. the findings of law of the agency when supported by credible evidence, shall be final. The right of the accused to be informed is violated if: a. he was accused of killing his wife by strangulation but it was proven that his wife died of poisoning; b. it was proven that he killed somebody on a date different from the one alleged in the information; c. he was charged with parricide but was convicted of murder, because it turned out that he and the victim were not married; d. the accused was charged with commission of acts of lasciviousness and was convicted of unjust vexation. A criminal statute that "fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by statute" is: a. void for fair notice; b. void for arbitrariness; c. void for vagueness; d. void conclusively. "Chilling effect" is a concept used in the area of constitutional litigation affecting: a. protected speech; b. protected executive privilege; c. protected legislative discretion; d. protected judicial discretion. In the law of libel and protected speech, a person who, by his accomplishments, fame, or mode of living, or by

94.

95.

96.

97.

98.

99.

adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs, and his character, has become a: a. public figure; b. celebrity; c. public official; d. de facto public officer. Which one of the following is not a proper test in cases of challenges to governmental acts that may violate protected speech: a. clear and present danger; b. balancing of interests; c. reasonable relation; d. dangerous tendency. Commercial speech is entitled to: a. more protection compared to other constitutionally guaranteed expression; b. equal protection compared to other constitutionally guaranteed expression; c. lesser protection compared to other constitutionally guaranteed expression; d. none of the above. No liability can attach to a false, defamatory statement if it relates to official conduct, unless the public official concerned proves that the statement was with knowledge that it was false or with reckless disregard of whether it was false or not. This is known as what rule? a. libel malice rule; b. actual malice rule; c. malice in fact rule; d. legal malice rule. It is form of entrapment. The method is for an officer to pose as a buyer. He, however, neither instigates nor induces the accused to commit a crime because in these cases, the "seller" has already decided to commit a crime. The offense happens right before the eyes of the officer. Under these circumstances: a. there is a need for an administrative but not a judicial warrant for seizure of goods and arrest of the offender; b. there is need for a warrant for the seizure of the goods and for the arrest of the offender; c. there is no need for a warrant either for the seizure of the goods or for the arrest of the offender; d. the offender can be arrested but there is a need for a separate warrant for the seizure of the goods. Where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and dangerous and he identifies himself and makes reasonable inquiries, but nothing serves to dispel his reasonable fear for his own or others safety, he is entitled to conduct a carefully limited search of the outer clothing of such persons for weapons. Such search is constitutionally permissible and is known as a: a. stop and search; b. stop and frisk; c. stop and interrogate; d. stop and detain. Accused was charged with slight illegal detention. On the day set for the trial, the trial court proceeded as follows: to the Q: "Do you have an attorney or are you

"Court:

accused:

going to plead guilty?" A: "I have no lawyer and i will plead guilty." III.

b. c.

What is the purpose of Impeachment? Does conviction prevent further prosecution and punishment? Explain. (3%) Enumerate the grounds for impeachment. Is graft and corruption a ground for impeachment? (2%)

Accused was then arraigned, pleaded guilty, was found guilty and sentenced. On appeal, the Supreme Court reversed. The accused was deprived of his: a. right to cross-examination; b. right to be presumed innocent; c. right to counsel; d. right to production of evidence. 100.The constitutional right of an accused "to meet the witnesses face to face" is primarily for the purpose of affording the accused an opportunity to: a. identify the witness; b. cross-examine the witness; c. be informed of the witness; d. be heard. - NOTHING FOLLOWS SET B I. Mr. Violet was convicted by the RTC of Estafa. On appeal, he filed with the Court of Appeals a Motion to Fix Bail for Provisional Liberty Pending Appeal. The Court of Appeals granted the motion and set a bail amount in the sum of Five (5) Million Pesos, subject to the conditions that he secure "a certification/guaranty from the Mayor of the place of his residence that he is a resident of the area and that he will remain to be a resident therein until final judgment is rendered or in case he transfers residence, it must be with prior notice to the court". Further, he was ordered to surrender his passport to the Division Clerk of Court for safekeeping until the court orders its return. a. b. Mr. Violet challenges the conditions imposed by the Court of Appeals as violative of his liberty of abode and right to travel. Decide with reasons. (5%) Are "liberty of abode" and "the right to travel" absolute rights? Explain. What are the respective exception/s to each right if any? (5%)

Mr. Brown, a cigarette vendor, was invited by PO1 White to a nearby police station. Upon arriving at the police station, Brown was asked to stand side-by-side with five (5) other cigarette vendors in a police line-up. PO1 White informed them that they were looking for a certain cigarette vendor who snatched the purse of a passer-by and the line-up was to allow the victim to point at the vendor who snatched her purse. No questions were to be asked from the vendors. a. Brown, afraid of a "set up" against him, demanded that he be allowed to secure his lawyer and for him to be present during the police line-up. Is Brown entitled to counsel? Explain (5%) Would the answer in (a.) be the same if Brown was specifically invited by White because an eyewitness to the crime identified him as the perpetrator? Explain. (3%) Briefly enumerate the so-called "Miranda Rights". (2%)

b. c. IV.

Mr. Yellow and Mr. Orange were the leading candidates in the vicepresidential elections. After elections, Yellow emerged as the winner by a slim margin of 100,000 votes. Undaunted, Orange filed a protest with the Presidential Electoral Tribunal (PET). After due consideration of the facts and the issues, the PET ruled that Orange was the real winner of the elections and ordered his immediate proclamation. a. Aggrieved, Yellow filed with the Supreme Court a Petition for Certiorari challenging the decision of the PET alleging grave abuse of discretion. Does the Supreme Court have jurisdiction? Explain. (3%) Would the answer in (a.) be the same if Yellow and Orange were contending for a senatorial slot and it was the Senate Electoral Tribunal (SET) who issued the challenged ruling? (3%) What is the composition of the PET? (2%) What is judicial power? Explain Briefly. (2%)

b.

c. d. V.

II. A verified impeachment complaint was filed by two hundred (200) Members of the House of Representatives against Madam Chief Justice Blue. The complaint was immediately transmitted to the Senate for trial. a. Madam Chief Justice Blue challenges such immediate transmittal to the Senate because the verified complaint 1) not included in the order of business of the House, 2) was not referred to the House Committee on Justice for hearing and consideration for sufficiency in form and substance, and 3) was not submitted to the House Plenary for consideration as enumerated in Paragraph (2), Section 3, Article XI of the 1987 Constitution. Decide with reasons. (5%)

Judge Red is the Executive Judge of Green City. Red is known to have corrupt tendencies and has a reputation widely known among practicing lawyers for accepting bribes. Ombudsman Grey, wishing to "clean up" the government from errant public officials, initiated an investigation on the alleged irregularities in the performance of duties of Judge Red. a. Judge Red refused to recognize the authority of the Office of the Ombudsman over him because according to him, any administrative action against him or any court official or employee falls under the exclusive jurisdiction of the Supreme Court. Decide with reasons. (5%) Does the Ombudsman have authority to conduct investigation over crimes or offenses committed by public officials that are NOT in connection or related at all to the

b.

c.

officials discharge of his duties and functions? Explain. (3%) Who are required by the Constitution to submit a declaration under oath of his assets, liabilities, and net worth? (2%)

a. b.

What is the doctrine of "overbreath"? In what context can it be correctly applied? Not correctly applied? Explain (5%) What is the doctrine of "void for vagueness"? In what context can it be correctly applied? Not correctly applied? Explain (5%)

VI. IX. President Black of the Republic of Pasensya (RP) had a telephone conversation with President Blue of the Peoples Republic of Conquerors (PRC). In that conversation, both leaders agreed that they will both pull-out all their vessels, civilian or otherwise, sea crafts and other ships from the hotly disputed Kalmado Shoal area within eight (8) days in order to de-escalate the situation. After eight days, all RP ships and vessels have left the area. However, several military and civilian ships carrying the PRC flag remained in the area and began construction of a dock that could provide fuel and other supplies to vessels passing by. a. Assuming that President Black and President Blue both had full capacity to represent their states and negotiate with each other under their respective systems of government, and further assuming that both leaders acknowledge the existence of the conversation, is the verbal agreement via telephone binding under international law? Explain. (5%) Assuming the answer to (a.) is in affirmative, does that agreement constitute a Treaty under the 1969 Vienna Convention on the Law on Treaties? (2%) What are the sources of International Law? (2%) What is opinio juris in International Law? (1%) In a protest rally' along Padre Faura Street, Manila, Pedrong Pula took up the stage and began shouting "kayong mga kurakot kayo! Magsi-resign na kayo! Kung hindi, manggugulo kami dito!" ("you corrupt officials, you better resign now, or else we will cause trouble here!") simultaneously, he brought out a rock the size of a fist and pretended to hurl it at the flagpole area of a government building. He did not actually throw the rock. a. Police officers who were monitoring the situation immediately approached Pedrong Pula and arrested him. He was prosecuted for seditious speech and was convicted. On appeal, Pedrong Pula argued he was merely exercising his freedom of speech and freedom of expression guaranteed by the Bill of Rights. Decide with reasons. (5%) What is "commercial speech"? Is it entitled to constitutional protection? What must be shown in order for government to curtail "commercial speech"? Explain. (3%) What are the two (2) basic prohibitions of the freedom of speech and of the press clause? Explain. (2%)

b. c.

b. c. d. VII.

X. What do you understand by the term "heirarchy of civil liberties"? Explain. (5%) a. b. Distinguish fully between the "free exercise of religion clause" and the "non-establishment of religion clause". (3%) When can evidence "in plain view" be seized without need of a search warrant? Explain. (2%) NOTHING FOLLOWS -

Mayor Pink is eyeing re-election in the next mayoralty race. It was common knowledge in the town that Mayor Pink will run for reelection in the coming elections. The deadline for filing of Certificate of Candidacy (CoC) is on March 23 and the campaign period commences the following day. One month before the deadline, Pink has yet to file her CoC, but she has been going around town giving away sacks of rice with the words "Mahal Tayo ni Mayor Pink" printed on them, holding public gatherings and speaking about how good the town is doing, giving away pink tshirts with "Kay Mayor Pink Ako" printed on them. a. Mr. Green is the political opponent of Mayor Pink. In April, noticing that Mayor Pink had gained advantage over him because of her activities before the campaign period, he filed a petition to disqualify Mayor Pink for engaging in an election campaign outside the designated period. a.1. Which is the correct body to rule on the matter? Comelec en banc, or Comelec division? Answer with reasons. (2%) a.2. Rule on the petition. (5%) b. Distinguish briefly between Quo Warranto in elective office and Quo Warranto in appointive office. (3%)

2011 POLITICAL LAW BAR EXAM QUESTIONS Bar Examination Set A Questionnaire for Political Law

(1) Filipino citizenship may be acquired through judicial naturalization only by an alien (A) born, raised, and educated in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen. (B) who has all the qualifications and none of the disqualifications to become a Filipino citizen. (C) born and raised in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen. (D) whose mother or father is a naturalized Filipino and who himself is qualified to be naturalized.

VIII.

(2) Jax Liner applied for a public utility bus service from Bacolod to Dumaguete from the Land Transportation Franchising and Regulatory Board (LTFRB). BB Express opposed. LTFRB ruled in favor of Jax. BB appealed to the Secretary of the Department of Transportation and Communication (DOTC), who reversed the LTFRB decision. Jax appealed to the Office of the President which reinstated the LTFRBs ruling. BB Express went to the Court of Appeals on certiorari questioning the decision of the Office of the President on the ground that Office of the President has no jurisdiction over the case in the absence of any law providing an appeal from DOTC to the Office of the President. Will the petition prosper? (A) No, exhaustion of administrative remedies up to the level of the President is a pre-requisite to judicial recourse. (B) No, the action of the DOTC Secretary bears only the implied approval of the President who is not precluded from reviewing the decision of the former. (C) Yes, when there is no law providing an appeal to the Office of the President, no such appeal may be pursued. (D) Yes, the doctrine of qualified political agency renders unnecessary a further appeal to the Office of the President. (3) Where A is set for promotion to Administrative Assistant III and B to the post of Administrative Assistant II vacated by A, the appointing authority must (A) submit to the CSC the two promotional appointments together for approval. (B) not appoint B until the CSC has approved As appointment. (C) submit to the Civil Service Commission (CSC) the second appointment after its approval of the first. (D) simultaneously issue the appointments of A and B. (4) When a witness is granted transactional immunity in exchange for his testimony on how his immediate superior induced him to destroy public records to cover up the latter's act of malversation of public funds, the witness may NOT be prosecuted for (A) direct contempt. (B) infidelity in the custody of public records. (C) falsification of public documents. (D) false testimony. (5) Mario, a Bureau of Customs examiner, was administratively charged with grave misconduct and preventively suspended pending investigation. The head of office found him guilty as charged and ordered his dismissal. The decision against him was executed pending appeal. The Civil Service Commission (CSC) subsequently found him guilty and after considering a number of mitigating

circumstances, reduced his penalty to only one month suspension. Is Mario entitled to back salaries? (A) Yes, the reduction of the penalty means restoration of his right to back salaries. (B) No, the penalty of one month suspension carries with it the forfeiture of back salaries. (C) No, he is still guilty of grave misconduct, only the penalty was reduced. (D) Yes, corresponding to the period of his suspension pending appeal less one month. (6) Althea, a Filipino citizen, bought a lot in the Philippines in 1975. Her predecessors-in-interest have been in open, continuous, exclusive and notorious possession of the lot since 1940, in the concept of owner. In 1988, Althea became a naturalized Australian citizen. Is she qualified to apply for registration of the lot in her name? (A) Yes, provided she acquires back her Filipino citizenship. (B) No, except when it can be proved that Australia has a counterpart domestic law that also favors former Filipino citizens residing there. (C) Yes, the lot is already private in character and as a former natural-born Filipino, she can buy the lot and apply for its registration in her name. (D) No, foreigners are not allowed to own lands in the Philippines. (7) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court or when (A) public safety or public health requires otherwise as prescribed by law. (B) dictated by the need to maintain public peace and order. (C) public safety or order requires otherwise as prescribed by law. (D) public safety or order requires otherwise as determined by the President. (8) One advantage of a written Constitution is its (A) reliability. (B) permanence. (C) flexibility. (D) expediency.

(9) An appointment held at the pleasure of the appointing power (A) essentially temporary in nature. (B) requires special qualifications of the appointee. (C) requires justifiable reason for its termination. (D) is co-extensive with the term of the public officer who appointed him. (10) The city government filed a complaint for expropriation of 10 lots to build a recreational complex for the members of the homeowners' association of Sitio Sto. Tomas, the most populated residential compound in the city. The lot owners challenged the purpose of the expropriation. Does the expropriation have a valid purpose? (A) No, because not everybody uses a recreational complex. (B) No, because it intends to benefit a private organization. (C) Yes, it is in accord with the general welfare clause. (D) Yes, it serves the well-being of the local residents. (11) An example of a content based restraint on free speech is a regulation prescribing (A) maximum demonstrations. tolerance of pro-government

(13) Jose Cruz and 20 others filed a petition with the COMELEC to hold a plebiscite on their petition for initiative to amend the Constitution by shifting to a unicameral parliamentary form of government. Assuming that the petition has been signed by the required number of registered voters, will it prosper? (A) No, only Congress can exercise the power to amend the Constitution. (B) Yes, the people can substantially amend the Constitution by direct action. (C) Yes, provided Congress concurs in the amendment. (D) No, since they seek, not an amendment, but a revision. (14) The Comelec en banc cannot hear and decide a case at first instance EXCEPT when (A) a Division refers the case to it for direct action. (B) the case involves a purely administrative matter. (C) the inhibition of all the members of a Division is sought. (D) a related case is pending before the Supreme Court en banc. (15) Each of the Constitutional Commissions is expressly described as "independent," exemplified by its (A) immunity from suit.

(B) a no rally-no permit policy. (B) fiscal autonomy. (C) when, where, and how lawful assemblies are to be conducted. (D) calibrated response to rallies that have become violent. (12) The President forged an executive agreement with Vietnam for a year supply of animal feeds to the Philippines not to exceed 40,000 tons. The Association of Animal Feed Sellers of the Philippines questioned the executive agreement for being contrary to R.A. 462 which prohibits the importation of animal feeds from Asian countries. Is the challenge correct? (A) Yes, the executive agreement is contrary to our existing domestic law. (B) No, the President is the sole organ of the government in external relations and all his actions as such form part of the law of the land. (C) No, international agreements are sui generis which must stand independently of our domestic laws. (D) Yes, the executive agreement is actually a treaty which does not take effect without ratification by the Senate. (C) finality of action. (D) collegiality. (16) There is double jeopardy when the dismissal of the first case is (A) made at the instance of the accused invoking his right to fair trial. (B) made upon motion of the accused without objection from the prosecution. (C) made provisionally without objection from the accused. (D) based on the objection of the accused to the prosecution's motion to postpone trial. (17) The new Commissioner of Immigration, Mr. Suarez, issued an Office Order directing the top immigration officials to tender courtesy resignation to give him a free hand in reorganizing the agency. In compliance, Director Sison of the Administrative Department tendered his resignation in writing which Mr. Suarez immediately accepted. Director Sison went to court, assailing the

validity of his courtesy resignation and Mr. Suarezs acceptance of the same. Will the action prosper? (A) No, Director Sison tendered his resignation and it was accepted. (B) No, estoppel precludes Director Sison disclaiming the resignation he freely tendered. from

(B) Yes, the mere fact that the lawyer was a retired judge does not cast doubt on his competence and independence. (C) Yes, the waiver was made voluntarily, expressly, and with assistance of counsel. (D) No, a retired Judge is not a competent and independent counsel. (21) Governor Paloma was administratively charged with abuse of authority before the Office of the President. Pending hearing, he ran for reelection and won a second term. He then moved to dismiss the charge against him based on this supervening event. Should the motion be granted? (A) Yes, Governor Paloma's reelection is an expression of the electorate's obedience to his will. (B) No, Governor Paloma's reelection cannot extinguish his liability for malfeasance in office. (C) No, Governor Paloma's reelection does not render moot the administrative case already pending when he filed his certificate of candidacy for his reelection bid. (D) Yes, Governor Paloma's reelection is an expression of the electorate's restored trust. (22) The decision of the Regional Trial Court on appeals pertaining to inclusions or exclusions from the list of voters (A) is inappealable. (B) is subject to an action for annulment. (C) may be brought straight to the Supreme Court.

(C) Yes,for so long as no one has yet been appointed to replace him, Director Sison may still withdraw his resignation. (D) Yes, Director Sison merely complied with the order of the head of office; the element of clear intention to relinguish office is lacking. (18) An administrative rule that fixes rates is valid only when the proposed rates are (A) published and filed with the UP Law Center. (B) published and hearings are conducted. (C) published and posted in three public places. (D) published and all stakeholders are personally notified. (19) The government sought to expropriate a parcel of land belonging to Y. The law provides that, to get immediate possession of the land, the government must deposit the equivalent of the land's zonal value. The government insisted, however, that what apply are the rules of court which require an initial deposit only of the assessed value of the property. Which should prevail on this matter, the law or the rules of court? (A) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is higher. (B) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is lower. (C) The law should prevail since the right to just compensation is a substantive right that Congress has the power to define. (D) The rules of court should prevail since just compensation is a procedural matter subject to the rule making power of the Supreme Court. (20) After X, a rape suspect, was apprised of his right to silence and to counsel, he told the investigators that he was waiving his right to have his own counsel or to be provided one. He made his waiver in the presence of a retired Judge who was assigned to assist and explain to him the consequences of such waiver. Is the waiver valid? (A) No, the waiver was not reduced in writing.

(D) is appealable to the Commission on Elections. (23) The equal protection clause allows valid classification of subjects that applies (A) only to present conditions. (B) so long as it remains relevant to the government. (C) for a limited period only. (D) for as long as the problem to be corrected exists. (24) The President wants to appoint A to the vacant post of Associate Justice of the Supreme Court because of his qualifications, competence, honesty, and efficiency. But As name is not on the list of nominees that the Judicial and Bar Council (JBC) submitted to the President. What should the President do? (A) Request the JBC to consider adding A to the list. (B) Decline to appoint from the list.

(C) Appoint from the list. (D) Return the list to JBC. (25) Courts may still decide cases that have otherwise become academic when they involve (A) the basic interest of people. (B) petitions for habeas corpus. (C) acts of the Chief Executive. (D) Presidential election protests. (26) The right of the State to prosecute crimes by available evidence must yield to the right of (A) the accused against self-incrimination. (B) another State to extradite a fugitive from justice. (C) the State to deport undesirable aliens. (D) the complainant to drop the case against the accused. (27) A temporary appointee to a public office who becomes a civil service eligible during his tenure (A) loses his temporary appointment without prejudice to his re-appointment as permanent. (B) has the right to demand conversion of his appointment to permanent. (C) automatically becomes a permanent appointee. (D) retains his temporary appointment. (28) Upon endorsement from the Senate where it was first mistakenly filed, the House of Representatives Committee on Justice found the verified complaint for impeachment against the President sufficient in form but insufficient in substance. Within the same year, another impeachment suit was filed against the President who questioned the same for being violative of the Constitution. Is the President correct? (A) No, "initiated" means the Articles of Impeachment have been actually filed with the Senate for trial; this did not yet happen. (B) No, the first complaint was not deemed initiated because it was originally filed with the Senate. (C) Yes, the dismissal of the first impeachment proceeding bars the initiation of another during the same term of the President. (D) Yes, no impeachment proceeding can be filed against the President more than once within a year.

(29) The Solicitor General declines to institute a civil action on behalf of a government agency due to his strained relation with its head, insisting that the agencys lawyers can file the action. Is the Solicitor General correct? (A) Yes, when he deems he cannot harmoniously and effectively work with the requesting agency. (B) No, he must, in choosing whether to prosecute an action, exercise his discretion according to law and the best interest of the State. (C) Yes, as in any lawyer-client relationship, he has the right to choose whom to serve and represent. (D) No, the Solicitor General's duty to represent the government, its offices and officers is mandatory and absolute. (30) A department secretary may, with the President's consent, initiate his appearance before the Senate or the House of Representatives which (A) must seek the concurrence of the other House before acting. (B) must hold an executive session to hear the department secretary. (C) may altogether reject the initiative. (D) must accept such initiated appearance. (31) The Metro Manila Development Authority (MMDA) passed a rule authorizing traffic enforcers to impound illegally parked vehicles, for the first offense, and confiscate their registration plates for the second. The MMDA issued this rule to implement a law that authorized it to suspend the licenses of drivers who violate traffic rules. Is the MMDA rule valid? (A) No, since the MMDA does not have rule-making power. (B) Yes, it is a valid exercise of the power of subordinate legislation. (C) Yes, it is an implicit consequence of the law upon which it acted. (D) No, the rule goes beyond the sphere of the law. (32) Senator Bondoc was charged with murder and detained at the Quezon City Jail. He invoked, in seeking leave from the court to attend the session of the Senate, his immunity from arrest as a Senator. How should the court rule on his motion? (A) Deny the motion unless the Senate issues a resolution certifying to the urgency of his attendance at its sessions. (B) Grant the motion provided he posts bail since he is not a flight risk.

(C) Grant the motion so as not to deprive the people who elected him their right to be represented in the Senate. (D) Deny the motion since immunity from arrest does not apply to a charge of murder. (33) X, an administrative officer in the Department of Justice, was charged with grave misconduct and preventively suspended for 90 days pending investigation. Based on the evidence, the Secretary of Justice found X guilty as charged and dismissed him from the service. Pending appeal, X's dismissal was executed. Subsequently, the Civil Service Commission (CSC) reversed the Secretarys decision and the reversal became final and executory. What is the effect of X's exoneration? (A) X is entitled to reinstatement and back salaries both during his 90 day preventive suspension and his suspension pending appeal. (B) X is entitled to reinstatement and back salaries corresponding only to the period of delay caused by those prosecuting the case against him. (C) X is entitled to reinstatement but not to back salaries on ground of "damnum absque injuria." (D) X is entitled to reinstatement and back salaries during his suspension pending appeal. (34) Courts may dismiss a case on ground of mootness when (A) the case is premature. (B) petitioner lacks legal standing. (C) the questioned law has been repealed. (D) the issue of validity of law was not timely raised. (35) Alfredo was elected municipal mayor for 3 consecutive terms. During his third term, the municipality became a city. Alfredo ran for city mayor during the next immediately succeeding election. Voltaire sought his disqualification citing the 3 term limit for elective officials. Will Voltaire's action prosper? (A) No, the 3 term limit should not apply to a person who is running for a new position title. (B) Yes, the 3 term limit applies regardless of any voluntary or involuntary interruption in the service of the local elective official. (C) Yes, the 3 term limit uniformly applies to the office of mayor, whether for city or municipality. (D) No, the 3 term limit should not apply to a local government unit that has assumed a different corporate existence. (36) In what scenario is an extensive search of moving vehicles without warrant valid?

(A) The police became suspicious on seeing something on the cars back seat covered with blanket. (B) The police suspected an unfenced lot covered by rocks and bushes was planted to marijuana. (C) The police became suspicious when they saw a car believed to be of the same model used by the killers of a city mayor. (D) The driver sped away in his car when the police flagged him down at a checkpoint. (37) Pre-proclamation controversies shall be heard (A) summarily without need of trial. (B) through trial by commissioner. (C) ex parte. (D) through speedy arbitration. (38) When the President orders the Chief of the Philippine National Police to suspend the issuance of permits to carry firearms outside the residence, the President exercises (A) the power of control. (B) the Commander-in-Chief power. (C) the power of supervision. (D) the calling out power. (39) Carlos, a foreign national was charged with and convicted of a serious crime in State X and sentenced to life imprisonment. His country applied for relief with the International Court of Justice (ICJ), arguing that State X did not inform Carlos of his right under Article 36 of the Vienna Convention to be accorded legal assistance by his government. State X, as signatory to the Vienna Convention, agreed to ICJ's compulsory jurisdiction over all disputes regarding the interpretation or application of the Vienna Convention. ICJ ruled that State X violated its obligation to provide consular notification to the foreign national's country. ICJ also required State X to review and reconsider the life sentence imposed on the foreign national. State X then wrote the United Nations informing that it was withdrawing from the Optional Protocol on Vienna Convention and was not bound by the ICJ decision. What principle of international law did State X violate? (A) Pacta Sunt Servanda (B) Act of State Doctrine (C) Protective Principle (D) Jus Cogens (40) An informer told the police that a Toyota Car with plate ABC 134 would deliver an unspecified quantity of ecstacy in Forbes

Park, Makati City. The officers whom the police sent to watch the Forbes Park gates saw the described car and flagged it down. When the driver stopped and lowered his window, an officer saw a gun tucked on the driver's waist. The officer asked the driver to step out and he did. When an officer looked inside the car, he saw many tablets strewn on the driver's seat. The driver admitted they were ecstacy. Is the search valid? (A) No, the rule on warrantless search of moving vehicle does not allow arbitrariness on the part of the police. (B) Yes, the police officers had the duty to verify the truth of the information they got and pursue it to the end. (C) Yes, the police acted based on reliable information and the fact that an officer saw the driver carrying a gun. (D) No, police officers do not have unbridled discretion to conduct a warrantless search of moving vehicles. (41) The Commission on Elections is an independent body tasked to enforce all laws relative to the conduct of elections. Hence, it may (A) conduct two kinds of electoral count: a slow but official count; and a quick but unofficial count. (B) make an advance and unofficial canvass of election returns through electronic transmission. (C) undertake a separate and unofficial tabulation of the results of the election manually. (D) authorize the citizens arm to use election returns for unofficial count. (42)The President may proclaim martial law over a particular province subject to revocation or extension (A) by Congress,subject to ratification by the Supreme Court. (B) by the Supreme Court. (C) by Congress alone (D) by Congress, upon recommendation of the respective Sangguniang Panlalawigan. (43) During his incumbency, President Carlos shot to death one of his advisers during a heated argument over a game of golf that they were playing. The deceased advisers family filed a case of homicide against President Carlos before the city prosecutors office. He moved to dismiss the case, invoking presidential immunity from suit. Should the case be dismissed? (A) Yes, his immunity covers his interactions with his official family, including the deceased adviser. (B) No, his immunity covers only work-related crimes.

(C) Yes, his immunity holds for the whole duration of his tenure. (D) No, his immunity does not cover crimes involving moral turpitude. (44) The School Principal of Ramon Magsaysay High School designated Maria, her daughter, as public school teacher in her school. The designation was assailed on ground of nepotism. Is such designation valid? (A) No, because the law prohibits relatives from working within the same government unit. (B) Yes, because Marias position does not fall within the prohibition. (C) No, because her mother is not the designating authority. (D) No, because Maria is related to the supervising authority within the prohibited degree of consanguinity. (45) The President's appointment of an acting secretary although Congress is in session is (A) voidable. (B) valid. (C) invalid. (D) unenforceable. (46) Congress passed a bill appropriating P50 million in assistance to locally based television stations subject to the condition that the amount would be available only in places where commercial national television stations do not operate. The President approved the appropriation but vetoed the condition. Was the veto valid? (A) Yes, since the vetoed condition may be separated from the item. (B) Yes, the President's veto power is absolute. (C) No, since the veto amounted to a suppression of the freedom to communicate through television. (D) No, since the approval of the item carried with it the approval of the condition attached to it. (47) In the exercise of its power of legislative inquiries and oversight functions, the House of Representatives or the Senate may only ask questions (A) that the official called is willing to answer. (B) that are relevant to the proposed legislation. (C) to which the witness gave his prior consent.

(D) material to the subject of inquiry. (48) An ordinance prohibits "notorious street gang members" from loitering in public places. The police are to disperse them or, if they refuse, place them under arrest. The ordinance enumerates which police officers can make arrest and defines street gangs, membership in them, and public areas. The ordinance was challenged for being vague regarding the meaning of "notorious street gang members." Is the ordinance valid? (A) No, it leaves the public uncertain as to what conduct it prohibits. (B) No, since it discriminates between loitering in public places and loitering in private places. (C) Yes, it provides fair warning to gang members prior to arrest regarding their unlawful conduct. (D) Yes, it is sufficiently clear for the public to know what acts it prohibits. (49) The people may approve or reject a proposal to allow foreign investors to own lands in the Philippines through an electoral process called (A) referendum. (B) plebiscite. (C) initiative. (D) certification. (50) Where a candidate for the Senate stated in his certificate of candidacy that he is single, when he is very much married, though separated, his certificate of candidacy (A) may be canceled. (B) will subject him to a quo warranto action. (C) remains valid. (D) may be denied due course. (51) A candidate who commits vote buying on Election Day itself shall be prosecuted by the (A) COMELEC. (B) Secretary of Justice. (C) police and other law enforcement agencies. (D) City or Provincial Prosecutor. (52) A law authorized the Secretary of Agriculture to require the quarantine of animals that suffer from dangerous communicable diseases at such place and for such time he deems necessary to

prevent their spread. The Secretary of Agriculture issued a regulation, imposing a penalty of imprisonment for 10 days on persons transporting quarantined animals without his permission. The regulation is (A) a valid exercise of the power of subordinate legislation. (B) invalid for being ultra vires. (C) a valid exercise of police power. (D) invalid for being discriminatory. (53) Small-scale utilization of natural resources by Filipino citizens may be allowed by (A) Congress. (B) either the Senate or the House of Representatives. (C) the President. (D) the President with the consent of Congress. (54) When the Civil Service Commission (CSC) approves the appointment of the Executive Director of the Land Transportation Franchising and Regulatory Board who possesses all the prescribed qualifications, the CSC performs (A) a discretionary duty. (B) a mix discretionary and ministerial duty. (C) a ministerial duty. (D) a rule-making duty. (55) Xian and Yani ran for Congressman in the same district. During the canvassing, Yani objected to several returns which he said were tampered with. The board of canvassers did not entertain Yani's objections for lack of authority to do so. Yani questions the law prohibiting the filing of pre-proclamation cases involving the election of Congressmen since the Constitution grants COMELEC jurisdiction over all pre-proclamation cases, without distinction. Is Yani correct? (A) Yes, the Constitution grants jurisdiction to COMELEC on all pre-proclamation cases, without exception. (B) No, COMELECs jurisdiction over pre-proclamation cases pertains only to elections for regional, provincial, and city officials. (C) No, COMELECs jurisdiction over pre-proclamation cases does not include those that must be brought directly to the courts. (D) Yes, any conflict between the law and the Constitution relative to COMELEC's jurisdiction must be resolved in favor of the Constitution.

(56) When the Supreme Court nullified the decisions of the military tribunal for lack of jurisdiction, it excluded from their coverage decisions of acquittal where the defendants were deemed to have acquired a vested right. In so doing, the Supreme Court applied (A) the operative fact doctrine. (B) the rule against double jeopardy. (C) the doctrine of supervening event. (D) the orthodox doctrine. (57) Accused X pleaded not guilty to the charge of homicide against him. Since he was admitted to bail, they sent him notices to attend the hearings of his case. But he did not show up, despite notice, in four successive hearings without offering any justification. The prosecution moved to present evidence in absentia but the court denied the motion on the ground that the accused has a right to be present at his trial. Is the court correct? (A) No, the court is mandated to hold trial in absentia when the accused had been arraigned, had notice, and his absence was unjustified. (B) Yes, it remains discretionary on the court whether to conduct trial in absentia even if the accused had been arraigned and had notice and did not justify his absence. (C) Yes, it is within the court's discretion to determine how many postponements it will grant the accused before trying him in absentia. (D) No, the court may reject trial in absentia only on grounds of fraud, accident, mistake, or excusable negligence. (58) Following COMELEC Chairman Bocay's conviction for acts of corruption in the impeachment proceedings, he was indicted for plunder before the Sandiganbayan and found guilty, as charged. Can he get Presidential pardon on the plunder case? (A) No, plunder is not a pardonable offense. (B) No, conviction in a criminal case for the same acts charged in the impeachment proceedings is not pardonable. (C) Yes, convictions in two different fora for the same acts, are too harsh that they are not beyond the reach of the Presidents pardoning power. (D) Yes, conviction in court in a criminal action is subject to the President's pardoning power. (59) A private person constituted by the court as custodian of property attached to secure a debt sought to be recovered in a civil proceeding is (A) a private sheriff. (B) a public officer.

(C) a private warehouseman. (D) an agent of the party to whom the property will ultimately be awarded. (60) The COMELEC en banc shall decide a motion for reconsideration of (A) the House or Representatives and the Senate electoral tribunals. (B) the decision of the election registrar. (C) the decision of the COMELEC division involving an election protest. (D) its own decision involving an election protest. (61) Adela served as Mayor of Kasim for 2 consecutive terms. On her third term, COMELEC ousted her in an election protest that Gudi, her opponent, filed against her. Two years later, Gudi faced recall proceedings and Adela ran in the recall election against him. Adela won and served as Mayor for Gudi's remaining term. Can Adela run again for Mayor in the next succeeding election without violating the 3 term limit? (A) No, she won the regular mayoralty election for two consecutive terms and the recall election constitutes her third term. (B) A. No, she already won the mayoralty election for 3 consecutive terms. (C) Yes, her ouster from office in her third term interrupted the continuity of her service as mayor. (D) Yes, the fresh mandate given her during the recall election erased her disqualification for a third term. (62) A child born in the United States to a Filipino mother and an American father is (A) a Filipino citizen by election. (B) a repatriated Filipino citizen. (C) a dual citizen. (D) a natural born Filipino citizen. (63) Involuntary servitude may be required as (A) part of rehabilitation of one duly charged with a crime. (B) substitute penalty for one who has been duly tried for a crime. (C) punishment for a crime where one has been duly convicted.

(D) condition precedent to one's valid arraignment. (64) Van sought to disqualify Manresa as congresswoman of the third district of Manila on the ground that the latter is a greencard holder. By the time the case was decided against Manresa, she had already served her full term as congresswoman. What was Manresa's status during her incumbency as congresswoman? (A) She was a de jure officer, having been duly elected. (B) She was not a public officer because she had no valid existing public office. (C) She was a de jure officer since she completed her term before she was disqualified. (D) She was a de facto officer since she was elected, served, and her disqualification only came later. (65) Whose appointment is NOT subject to confirmation by the Commission on Appointments? (A) Chairman of the Civil Service Commission (B) Chief Justice of the Supreme Court (C) Chief of Staff of the Armed Forces of the Philippines (D) Executive Secretary (66) The system of checks and balances operates when (A) the President nullifies a conviction in a criminal case by pardoning the offender. (B) Congress increases the budget proposal of the President. (C) the President does not release the countryside development funds to members of Congress. (D) Congress expands the appellate jurisdiction of the Supreme Court, as defined by the Constitution. (67) The price of staple goods like rice may be regulated for the protection of the consuming public through the exercise of (A) power of subordinate legislation. (B) emergency power. (C) police power. (D) residual power. (68) Associate Justice A retires from the Supreme Court 90 days before the forthcoming Presidential election. May the incumbent President still appoint Justice A's successor?

(A) No, it will violate the Constitutional prohibition against midnight appointments. (B) Yes, vacancies in the Supreme Court should be filled within 90 days from occurrence of the vacancy. (C) Yes, vacancies in the Supreme Court should be filled within 90 days from submission of JBC nominees to the President. (D) No, the incumbent President must yield to the choice of the next President (69) The President may set a limit on the country's import quota in the exercise of his (A) delegated power. (B) concurring power. (C) residual power. (D) inherent power. (70) Amor sued for annulment of a deed of sale of Lot 1. While the case was ongoing, Baltazar, an interested buyer, got a Certification from Atty. Crispin, the Clerk of Court, that Lot 1 was not involved in any pending case before the court. Acting on the certification, the Register of Deeds canceled the notice of lis pendens annotated on Lot 1s title. Amor filed a damage suit against Atty. Crispin but the latter invoked good faith and immunity from suit for acts relating to his official duty, claiming he was not yet the Clerk of Court when Amor filed his action. Decide. (A) Atty. Crispin is immune from suit since he enjoys the presumption of regularity of performance of public duty. (B) Atty. Crispin's defense is invalid since he issued his certification recklessly without checking the facts. (C) Atty. Crispin's defense is valid since he was unaware of the pendency of the case. (D) As Clerk of Court, Atty. Crispin enjoys absolute immunity from suit for acts relating to his work. (71) The Housing and Land Use Regulatory Board (HLURB) found Atlantic Homes, Inc. liable in damages arising from its delayed release of the title to the house and lot that it sold to Josephine. Atlantic appealed to the Office of the President which rendered a one page decision, affirming the attached HLURB judgment. Atlantic challenges the validity of the decision of the Office of the President for not stating the facts and the law on which it is based. Is the challenge correct? (A) No, the Office of the President is governed by its own rules respecting review of cases appealed to it. (B) Yes, the decision of the Office of the President must contain its own crafted factual findings and legal conclusions.

(C) Yes, administrative due process demands that the Office of the President make findings and conclusions independent of its subordinate. (D) No, the Office of the President is not precluded from adopting the factual findings and legal conclusions contained in the HLURB decision. (72) A collision occurred involving a passenger jeepney driven by Leonardo, a cargo truck driven by Joseph, and a dump truck driven by Lauro but owned by the City of Cebu. Lauro was on his way to get a load of sand for the repair of the road along Fuente Street, Cebu City. As a result of the collision, 3 passengers of the jeepney died. Their families filed a complaint for damages against Joseph who in turn filed a third party complaint against the City of Cebu and Lauro. Is the City of Cebu liable for the tort committed by its employee? (A) The City of Cebu is not liable because its employee was engaged in the discharge of a governmental function. (B) The City of Cebu is liable for the tort committed by its employee while in the discharge of a non-governmental function. (C) The City of Cebu is liable in accord with the precept of respondeat superior. (D) The City of Cebu is not liable as a consequence of its non-suitability. (73) During promulgation of sentence, the presence of the accused is mandatory but he may appear by counsel or representative when (A) he is charged with a light offense. (B) he was able to cross-examine the prosecutions witnesses. (C) he waives his right to be present. (D) he is convicted of a bailable offense. (74) An information for murder was filed against X. After examining the case records forwarded to him by the prosecution, the trial judge granted bail to X based on the prosecution's manifestation that it was not objecting to the grant of bail. Is the trial judge correct? (A) Yes, the trial judge may evaluate the strength or weakness of the evidence based on the case records forwarded to him. (B) No, the trial judge should have held a hearing to ascertain the quality of the evidence of guilt that the prosecution had against X. (C) No, the trial judge should have conducted a hearing to ascertain first whether or not X was validly arrested.

(D) Yes, the trial judge may reasonably rely on the prosecution's manifestation that he had no objection to the grant of bail. (75) The President CANNOT call out the military (A) to enforce customs laws. (B) to secure shopping malls against terrorists. (C) to arrest persons committing rebellion. (D) to raid a suspected haven of lawless elements. (76) Mass media in the Philippines may be owned and managed by (A) corporations wholly owned and managed by Filipinos. (B) corporations 60% owned by Filipinos. (C) corporations wholly owned by Filipinos. (D) corporations 60% owned and managed by Filipinos. (77) Procedural due process in administrative proceedings (A) requires the tribunal to consider the evidence presented. (B) allows the losing party to file a motion for reconsideration. (C) requires hearing the parties on oral argument. (D) permits the parties to file memoranda. (78) The Constitution prohibits cruel and inhuman punishments which involve (A) torture or lingering suffering. (B) primitive and gross penalties. (C) unusual penal methods. (D) degrading and queer penalties. (79) Judge Lloyd was charged with serious misconduct before the Supreme Court. The Court found him guilty and ordered him dismissed. Believing that the decision was not immediately executory, he decided a case that had been submitted for resolution. The decision became final and executory. But the losing party filed a certiorari action with the Court of Appeals seeking to annul the writ of execution issued in the case and bar Judge Lloyd from further acting as judge. Can the relief against Judge Lloyd be granted? (A) No, Judge Lloyd's right to stay as judge may be challenged only by direct proceeding, not collaterally.

(B) Yes, the action against Judge Lloyd may be consolidated with the case before the Court of Appeals and decided by it. (C) Yes, Judge Lloyd 's right to stay as judge may be challenged as a necessary incident of the certiorari action. (D) No, the losing party has no standing to challenge Judge Lloyd's right to stay as judge. (80) Executive Secretary Chua issued an order prohibiting the holding of rallies along Mendiola because it hampers the traffic flow to Malacanang. A group of militants questioned the order for being unconstitutional and filed a case against Secretary Chua to restrain him from enforcing the order. Secretary Chua raised state immunity from suit claiming that the state cannot be sued without its consent. Is the claim correct? (A) No, public officers may be sued to restrain him from enforcing an act claimed to be unconstitutional. (B) Yes, the order was not a proprietary act of the government. (C) No, only the president may raise the defense of immunity from suit. (D) Yes, Secretary Chua cannot be sued for acts done in pursuance to his public office. (81) Anton was the duly elected Mayor of Tunawi in the local elections of 2004. He got 51% of all the votes cast. Fourteen months later, Victoria, who also ran for mayor, filed with the Local Election Registrar, a petition for recall against Anton. The COMELEC approved the petition and set a date for its signing by other qualified voters in order to garner at least 25% of the total number of Bar Examination Questionnaire for Political Law Set A registered voters or total number of those who actually voted during the local election in 2005, whichever is lower. Anton attacked the COMELEC resolution for being invalid. Do you agree with Anton? (A) No, the petition, though initiated by just one person, may be ratified by at least 25% of the total number of registered voters. (B) No, the petition, though initiated by just one person may be ratified by at least 25% of those who actually voted during the 2004 local elections. (C) Yes, the petition should be initiated by at least 25% of the total number of registered voters who actually voted during the 2004 local elections. (D) Yes,the petition should be initiated by at least 25% of the total number of registered voters of Tunawi. (82) Using the description of the supplier of shabu given by persons who had been arrested earlier for selling it, the police conducted a surveillance of the area indicated. When they saw a man who fitted the description walking from the apartment to his car, they approached and frisked him and he did not object. The search

yielded an unlicensed gun tucked on his waist and shabu in his car. Is the search valid? (A) No, the man did not manifest any suspicious behavior that would give the police sufficient reason to search him. (B) Yes, the police acted on reliable information which proved correct when they searched the man and his car. (C) Yes, the man should be deemed to have waived his right to challenge the search when he failed to object to the frisking. (D) No, reliable information alone, absent any proof beyond reasonable doubt that the man was actually committing an offense, will not validate the search. (83) A law interfering with the rights of the person meets the requirements of substantive due process when (A) the means employed is not against public policy. (B) it is in accord with the prescribed manner of enforcement as to time, place, and person. (C) all affected parties are given the chance to be heard. (D) the interest of the general public, as distinguished from those of a particular case, requires such interference. (84) A judge of the Regional Trial Court derives his powers and duties from (A) statute. (B) the President, the appointing power. (C) Supreme Court issuances. (D) the rules of court. (85) When an elective official's preventive suspension will result in depriving his constituents of his services or representation, the court may (A) require the investigating body to expedite the investigation. (B) hold in abeyance the period of such suspension. (C) direct the holding of an election to fill up the temporary vacancy. (D) shorten the period of such suspension. (86) When the State requires private cemeteries to reserve 10% of their lots for burial of the poor, it exercises its (A) eminent domain power.

(B) zoning power. (C) police power. (D) taxing power.

(B) be restrained on ground of prejudicial question. (C) not be restrained on ground of presumed validity of legislative action. (D) be restrained for being sub judice.

(87) In the valid exercise of management prerogative consistent with the company's right to protect its economic interest, it may prohibit its employees from (A) joining rallies during their work shift. (B) marrying employees of competitor companies. (C) publicly converging with patrons of competitor companies. (D) patronizing the product of competitor companies.

(91) A government that actually exercises power and control as opposed to the true and lawful government is in terms of legitimacy (A) a government of force. (B) an interim government. (C) a de facto government. (D) an illegitimate government. (92) The Special Committee on Naturalization is headed by

(88) The President issued an executive order directing all department heads to secure his consent before agreeing to appear during question hour before Congress on matters pertaining to their departments. Is the executive order unconstitutional for suppressing information of public concern? (A) No, because those department heads are his alter egos and he is but exercising his right against self-incrimination. (B) Yes, the President cannot control the initiative of the department heads to conform with the oversight function of Congress. (C) Yes, the President cannot withhold consent to the initiative of his department heads as it will violate the principle of check and balance. (D) No, the President has the power to withhold consent to appearance by his department heads during question hour. (89) When the President contracted a personal loan during his incumbency, he may be sued for sum of money (A) during his term of office. (B) during his tenure of office. (C) after his term of office. (D) after his tenure of office. (90) The Senate Blue Ribbon Committee summoned X, a former department secretary, to shed light on his alleged illicit acquisition of properties claimed by the Presidential Commission on Good Government. X sought to restrain the Committee from proceeding with its investigation because of a pending criminal case against him before the Sandiganbayan for ill-gotten wealth involving the same properties. Decide. The investigation may (A) not be restrained on ground of separation of powers.

(A) the Secretary of Justice. (B) the Secretary of Foreign Affairs. (C) the National Security Adviser. (D) the Solicitor General. (93) The President issued Proclamation 9517 declaring a state of emergency and calling the armed forces to immediately carry out necessary measures to suppress terrorism and lawless violence. In the same proclamation, he directed the government's temporary takeover of the operations of all privately owned communication utilities, prescribing reasonable terms for the takeover. Is the takeover valid? (A) Yes, it is an implied power flowing from the President's exercise of emergency power. (B) No, it is a power reserved for Congress alone. (C) Yes, subject to ratification by Congress. (D) No, it is a power exclusively reserved for the People's direct action. (94) A candidate for Senator must be at least 35 years old on (A) the day he is duly proclaimed. (B) the day the election is held. (C) the day he files his certificate of candidacy. (D) the day he takes his oath of office. (95) The Office of the Special Prosecutor may file an information against a public officer for graft

(A) on its own initiative subject to withdrawal of the information by the Ombudsman. (B) independently of the Ombudsman, except in plunder cases. (C) only when authorized by the Ombudsman. (D) independently of the Ombudsman. (96) Since the Constitution is silent as to who can appoint the Chairman of the Commission on Human Rights, the President appointed W to that position without submitting his appointment to the Commission on Appointments for confirmation. Is Ws appointment by the President valid? (A) No, since the position of Chairman of the Commission was created by statute, the appointment of its holder requires the consent of Congress. (B) Yes, since the power to appoint in the government, if not lodged elsewhere, belongs to the President as Chief Executive. (C) Yes, since the power to fill up all government positions mentioned in the Constitution has been lodged in the President. (D) No, because absent any express authority under the Constitution, the power to appoint does not exist. (97) The Chief Justice appointed X, the Presidents sister, as Assistant Court Administrator in the Supreme Court during the President's tenure. Claiming that the Constitution prohibits the appointment in government of a Presidents relative, a taxpayer asks for its nullification. Will the challenge prosper? (A) Yes, since the appointment essentially violates the law against nepotism. (B) Yes, because relatives of the President within the fourth civil degree cannot be appointed as heads of offices in any department of government. (C) No, X's appointment, although in the government, is not in the Executive Department that the President heads. (D) No, the position to which X was appointed is not among those prohibited under the Constitution. (98)May an incumbent Justice of the Supreme Court be disbarred as a lawyer? (A) No, it will amount to removal. (B) No, his membership in the bar is secure. (C) Yes, by the Supreme Court itself. (D) Yes, by Congress in joint session.

(99) Mayor Lucia of Casidsid filed her certificate of candidacy for congresswoman of the district covering Casidsid. Still, she continued to act as mayor of Casidsid without collecting her salaries as such. When she lost the election and a new mayor assumed office, she filed an action to collect the salaries she did not get while serving as mayor even when she ran for congresswoman. Is her action correct? (A) No, salaries can be waived and she waived them. (B) No, because her acts as de facto officer are void insofar as she is concerned. (C) Yes, public policy demands that a de facto officer enjoy the same rights of a de jure officer. (D) A. Yes, it is but just that she be paid for the service she rendered. (100) X, a Filipino and Y, an American, both teach at the International Institute in Manila. The institute gave X a salary rate of P1,000 per hour and Y, P1,250 per hour plus housing, transportation, shipping costs, and leave travel allowance. The school cited the dislocation factor and limited tenure of Y to justify his high salary rate and additional benefits. The same package was given to the other foreign teachers. The Filipino teachers assailed such differential treatment, claiming it is discriminatory and violates the equal protection clause. Decide. (A) The classification is based on superficial differences. (B) The classification undermines the "Filipino First" policy. (C) The distinction is fair considering the burden of teaching abroad. (D) The distinction is substantial and uniformly applied to each class. 2010 POLITICAL LAW BAR EXAM QUESTIONS PART I I The dictatorial regime of President A of the Republic of Gordon was toppled by a combined force led by Gen. Abe, former royal guards and the secessionist Gordon Peoples Army. The new government constituted a Truth and Reconciliation Commission to look into the serious crimes committed under President As regime. After the hearings, the Commission recommended that an amnesty law be passed to cover even those involved in mass killings of members of indigenous groups who opposed President A. International human rights groups argued that the proposed amnesty law is contrary to international law. Decide with reasons. (4%) II Compare and contrast the jurisdiction of the International Criminal Court and International Court of Justice. (3%)

III A, a British photojournalist, was covering the violent protests of the Thai Red-Shirts Movement in Bangkok. Despite warnings given by the Thai Prime Minister to foreigners, specially journalists, A moved around the Thai capital. In the course of his coverage, he was killed with a stray bullet which was later identified as having come from the ranks of the Red-Shirts. The wife of A sought relief from Thai authorities but was refused assistance. a. b. Is there state responsibility on the part of Thailand? (2%) What is the appropriate remedy available to the victims family under international law? (3%)

b.

Is the grant of authority to the Oversight Committee to screen beneficiaries constitutional? (3%)

Decide with reasons. VII True or False. a. b. A proclamation of a state of emergency is sufficient to allow the President to take over any public utility. (0.5%) A treaty which provides tax exemption needs no concurrence by a majority of all the Members of the Congress. (0.5%)

IV Choose the statement which appropriately completes the opening phrase: A State which resorts to retorsion in international law a. b. c. d. must ensure that all states consent to its act. cannot curtail migration from the offending state. can expel the nationals of the offending state. should apply proportionate response within appreciable limit. None of the above. VIII

Distinguish presidential communications deliberative process privilege. (3%) IX

privilege

from

e.

Explain your answer. (2%) V Congresswoman A is a co-owner of an industrial estate in Sta. Rosa, Laguna which she had declared in her Statement of Assets and Liabilities. A member of her political party authored a bill which would provide a 5-year development plan for all industrial estates in the Southern Tagalog Region to attract investors. The plan included an appropriation of 2 billion pesos for construction of roads around the estates. When the bill finally became law, a civil society watchdog questioned the constitutionality of the law as it obviously benefitted Congresswoman As industrial estate. Decide with reasons. (3%) VI The Poverty Alleviation and Assistance Act was passed to enhance the capacity of the most marginalized families nationwide. A financial assistance scheme called conditional cash transfers was initially funded 500 million pesos by Congress. One of the provisions of the law gave the Joint-Congressional Oversight Committee authority to screen the list of beneficiary families initially determined by the Secretary of Department of Social Welfare and Development pursuant to the Department implementing rules. Mang Pandoy, a resident of Smokey Mountain in Tondo, questioned the authority of the Committee. a. Does Mang Pandoy have legal standing to question the law?(2%)

The League of Filipino Political Scientists (LFPS) organized an international conference on the human rights situation in Myanmar at the Central Luzon State University (CLSU). An exiled Myanmar professor Sung Kui, critical of the military government in Myanmar, was invited as keynote speaker. The Secretary of Foreign Affairs informed the President of the regional and national security implications of having Prof. Kui address the conference. The President thereupon instructed the immigration authorities to prevent the entry of Prof. Kui into Philippine territory. The chancellor of CLSU argued that the instruction violates the Constitution. Decide with reasons. (4%) X A, the wife of an alleged victim of enforced disappearance, applied for the issuance of a Writ of Amparo before a Regional Trial Court in Tarlac. Upon motion of A, the court issued inspection and production orders addressed to the AFP Chief of Staff to allow entry at Camp Aquino and permit the copying of relevant documents, including the list of detainees, if any. Accompanied by courtdesignated Commission on Human Rights (CHR) lawyers, A took photographs of a suspected isolation cell where her husband was allegedly seen being held for three days and tortured before he finally disappeared. The CHR lawyers requested one Lt. Valdez for a photocopy of the master plan of Camp Aquino and to confirm in writing that he had custody of the master plan. Lt. Valdez objected on the ground that it may violate his right against self-incrimination. Decide with reasons. (4%) XI Which statement best completes the following phrase: (1%) Freedom from torture is a right a. b. subject to derogation when national security is threatened. confined only during custodial investigation.

c.

which is non-derogable both during peacetime and in a situation of armed conflict. both (a) and (b) none of the above.

a. b.

d. e. XII

A person who occupies an office that is defectively created is a de facto officer. (0.5%) The rule on nepotism does not apply to designations made in favor of a relative of the authority making a designation. (0.5%) A discretionary duty of a public officer is never delegable. (0.5%) Acquisition of civil service eligibility during tenure of a temporary appointee does not automatically translate to a permanent appointment. (0.5%)

c.

A witnessed two hooded men with baseball bats enter the house of their next door neighbor B. After a few seconds, he heard B shouting, Huwag Pilo babayaran kita agad. Then A saw the two hooded men hitting B until the latter fell lifeless. The assailants escaped using a yellow motorcycle with a fireball sticker on it toward the direction of an exclusive village nearby. A reported the incident to PO1 Nuval. The following day, PO1 Nuval saw the motorcycle parked in the garage of a house at Sta. Ines Street inside the exclusive village. He inquired with the caretaker as to who owned the motorcycle. The caretaker named the brothers Pilo and Ramon Maradona who were then outside the country. PO1 Nuval insisted on getting inside the garage. Out of fear, the caretaker allowed him. PO1 Nuval took 2 ski masks and 2 bats beside the motorcycle. Was the search valid? What about the seizure? Decide with reasons. (4%) XIII True or False. a. b. A valid and definite offer to buy a property is a prerequisite to expropriation initiated by a local government unit. (0.5%) Re-classification of land by a local government unit may be done through a resolution. (0.5%) Boundary disputes between and among municipalities in the same province may be filed immediately with the Regional Trial Court. (0.5%) The Metropolitan Manila Development Authority is authorized to confiscate a drivers license in the enforcement of traffic regulations. (0.5%)

d.

XVI Rudy Domingo, 38 years old, natural-born Filipino and a resident of the Philippines since birth, is a Manila-based entrepreneur who runs KABAKA, a coalition of peoples organizations from fisherfolk communities. KABAKAs operations consist of empowering fisherfolk leaders through livelihood projects and trainings on good governance. The Dutch Foundation for Global Initiatives, a private organization registered in The Netherlands, receives a huge subsidy from the Dutch Foreign Ministry, which, in turn is allocated worldwide to the Foundations partners like KABAKA. Rudy seeks to register KABAKA as a party-list with himself as a nominee of the coalition. Will KABAKA and Rudy be qualified as a party-list and a nominee, respectively? Decide with reasons. (4%) PART II XVII During his campaign sortie in Barangay Salamanca, Mayor Galicia was arrested at a PNP checkpoint for carrying highpowered firearms in his car. He was charged and convicted for violation of the COMELEC gun ban. He did not appeal his conviction and instead applied for executive clemency. Acting on the favorable recommendation of the Board of Pardons and Parole, the President granted him pardon. Is he eligible to run again for an elective position? Explain briefly. (5%) XVIII The House Committee on Appropriations conducted an inquiry in aid of legislation into alleged irregular and anomalous disbursements of the Countrywide Development Fund (CDF) and Congressional Initiative Allocation (CIA) of Congressmen as exposed by X, a Division Chief of the Department of Budget and Management (DBM). Implicated in the questionable disbursements are high officials of the Palace. The House Committee summoned X and the DBM Secretary to appear and testify. X refused to appear, while the Secretary appeared but refused to testify invoking executive privilege. a. b. May X be compelled to appear and testify? If yes, what sanction may be imposed on him? (2%) Is the Budget Secretary shielded by executive privilege from responding to the inquiries of the House Committee? Explain briefly. If the answer is no, is there any sanction that may be imposed upon him? (3%)

c.

d.

XIV ABC operates an industrial waste processing plant within Laoag City. Occasionally, whenever fluid substances are released through a nearby creek, obnoxious odor is emitted causing dizziness among residents in Barangay La Paz. On complaint of the Punong Barangay, the City Mayor wrote ABC demanding that it abate the nuisance. This was ignored. An invitation to attend a hearing called by the Sangguniang Panlungsod was also declined by the president of ABC. The city government thereupon issued a cease and desist order to stop the operations of the plant, prompting ABC to file a petition for injunction before the Regional Trial Court, arguing that the city government did not have any power to abate the alleged nuisance. Decide with reasons. (3%) XV True or False.

XIX

To instill religious awareness in the students of Doa Trinidad High School, a public school in Bulacan, the Parent- Teachers Association of the school contributed funds for the construction of a grotto and a chapel where ecumenical religious services and seminars are being held after school hours. The use of the school grounds for these purposes was questioned by a parent who does not belong to any religious group. As his complaint was not addressed by the school officials, he filed an administrative complaint against the principal before the DECS. Is the principal liable? Explain briefly. (5%) XX Define/explain the following: a. b. c. d. e. XXI The Sangguniang Panlungsod of Pasay City passed an ordinance requiring all disco pub owners to have all their hospitality girls tested for the AIDS virus. Both disco pub owners and the hospitality girls assailed the validity of the ordinance for being violative of their constitutional rights to privacy and to freely choose a calling or business. Is the ordinance valid? Explain. (5%) XXII Governor Diy was serving his third term when he lost his governorship in a recall election. a. b. Who shall succeed Governor Diy in his office as Governor? (1%) Can Governor Diy run again as governor in the next election? (2%) Can Governor Diy refuse to run in the recall election and instead resign from his position as governor? (2%) Doctrine of operative facts (1%) De facto municipal corporation (1%) Municipal corporation by estoppel (1%) Doctrine of necessary implication (1%) Principle of holdover (1%)

a. b. c.

What is the rotational scheme of appointments in the COMELEC? (2%) What are the two conditions for its workability? (2%) To what other constitutional offices does the rotational scheme of appointments apply? (2%)

XXVI Distinguish between pocket veto and item veto. (2%) XXVII What is the concept of association under international law? (2%)

c.

XXIII A was a career Ambassador when he accepted an ad interim appointment as Cabinet Member. The Commission on Appointments bypassed his ad interim appointment, however, and he was not re-appointed. Can he re-assume his position as career Ambassador? (5%) XXIV Compare and contrast overbreadth doctrine from voidforvagueness doctrine. (5%) XXV

2009 POLITICAL LAW BAR QUESTIONS PART I I TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%) a. b. c. d. e. A law making "Bayan Ko" the new national anthem of the Philippines, in lieu of "Lupang Hinirang," is constitutional. Under the archipelago doctrine, the waters around, between, and connecting the islands of the archipelago form part of the territorial sea of the archipelagic state. A law that makes military service for women merely voluntary is constitutional. A law fixing the passing grade in the Bar examinations at 70%, with no grade lower than 40% in any subject, is constitutional. An educational institution 100% foreign-owned may be validly established in the Philippines.

The Municipality of Pinatukdao is sued for damages arising from injuries sustained by a pedestrian who was hit by a glass pane that fell from a dilapidated window frame of the municipal hall. The municipality files a motion to dismiss the complaint, invoking state immunity from suit. Resolve the motion with reasons. (3%) V To address the pervasive problem of gambling, Congress is considering the following options: (1) prohibit all forms of gambling; (2) allow gambling only on Sundays; (3) allow gambling only in government-owned casinos; and (4) remove all prohibitions against gambling but impose a tax equivalent to 30% on all winnings. a. If Congress chooses the first option and passes the corresponding law absolutely prohibiting all forms of gambling, can the law be validly attacked on the ground that it is an invalid exercise of police power? Explain your answer. (2%) If Congress chooses the last option and passes the corresponding law imposing a 30% tax on all winnings and prizes won from gambling, would the law comply with the constitutional limitations on the exercise of the power of taxation? Explain your answer. (2%)

b.

II Despite lingering questions about his Filipino citizenship and his one-year residence in the district, Gabriel filed his certificate of candidacy for congressman before the deadline set by law. His opponent, Vito, hires you as lawyer to contest Gabriel's candidacy. a. Before election day, what action or actions will you institute against Gabriel, and before which court, commission or tribunal will you file such action/s? Reasons. (2%) If, during the pendency of such action/s but before election day, Gabriel withdraws his certificate of candidacy, can he be substituted as candidate? If so, by whom and why? If not, why not? (2%) If the action/s instituted should be dismissed with finality before the election, and Gabriel assumes office after being proclaimed the winner in the election, can the issue of his candidacy and/or citizenship and residence still be questioned? If so, what action or actions may be filed and where? If not, why not? (2%)

VI In a criminal prosecution for murder, the prosecution presented, as witness, an employee of the Manila Hotel who produced in court a videotape recording showing the heated exchange between the accused and the victim that took place at the lobby of the hotel barely 30 minutes before the killing. The accused objects to the admission of the videotape recording on the ground that it was taken without his knowledge or consent, in violation of his right to privacy and the Anti-Wire Tapping law. Resolve the objection with reasons. (3%) VII Crack agents of the Manila Police Anti-Narcotics Unit were on surveillance of a cemetery where the sale and use of prohibited drugs were rumored to be rampant. The team saw a man with reddish and glassy eyes walking unsteadily towards them, but he immediately veered away upon seeing the policemen. The team approached the man, introduced themselves as peace officers, then asked what he had in his clenched fist. Because the man refused to answer, a policeman pried the fist open and saw a plastic sachet filled with crystalline substance. The team then took the man into custody and submitted the contents of the sachet to forensic examination. The crystalline substance in the sachet turned out to be shabu. The man was accordingly charged in court. During the trial, the accused: a. b. challenged the validity of his arrest; (2%) and objected to the admission in evidence of the prohibited drug, claiming that it was obtained in an illegal search and seizure. (2%)

b.

c.

III The Municipality of Bulalakaw, Leyte, passed Ordinance No. 1234, authorizing the expropriation of two parcels of land situated in the poblacion as the site of a freedom park, and appropriating the funds needed therefor. Upon review, the |Sangguniang Panlalawigan of Leyte disapproved the ordinance because the municipality has an existing freedom park which, though smaller in size, is still suitable for the purpose, and to pursue expropriation would be needless expenditure of the people's money. Is the disapproval of the ordinance correct? Explain your answer. (2%) IV

Decide with reasons.

VIII Congressman Nonoy delivered a privilege speech charging the Intercontinental Universal Bank (IUB) with the sale of unregistered foreign securities, in violation of R.A. 8799. He then filed, and the House of Representatives unanimously approved, a Resolution directing the House Committee on Good Government (HCGG) to conduct an inquiry on the matter, in aid of legislation, in order to prevent the recurrence of any similar fraudulent activity. The HCGG immediately scheduled a hearing and invited the responsible officials of IUB, the Chairman and Commissioners of the Securities and Exchange Commission (SEC), and the Governor of the Bangko Sentral ng Pilipinas (BSP). On the date set for the hearing, only the SEC Commissioners appeared, prompting Congressman Nonoy to move for the issuance of the appropriate subpoena ad testificandum to compel the attendance of the invited resource persons. The IUB officials filed suit to prohibit HCGG from proceeding with the inquiry and to quash the subpoena, raising the following arguments: a. The subject of the legislative investigation is also the subject of criminal and civil actions pending before the courts and the prosecutor's office; thus, the legislative inquiry would preempt judicial action; (3%) and Compelling the IUB officials, who are also respondents in the criminal and civil cases in court, to testify at the inquiry would violate their constitutional right against selfincrimination. (3%) Are the foregoing arguments tenable? Reasons. c. May the Governor of the BSP validly invoke executive privilege and, thus, refuse to attend the legislative inquiry? Why or why not? (3%)

X Maximino, an employee of the Department of Education, is administratively charged with dishonesty and gross misconduct. During the formal investigation of the charges, the Secretary of Education preventively suspended him for a period of sixty (60) days. On the 60th day of the preventive suspension, the Secretary rendered a verdict, finding Maximino guilty, and ordered his immediate dismissal from the service. Maximino appealed to the Civil Service Commission (CSC), which affirmed the Secretary's decision. Maximino then elevated the matter to the Court of Appeals (CA). The CA reversed the CSC decision, exonerating Maximino. The Secretary of Education then petitions the Supreme Court (SC) for the review of the CA decision. a. b. Is the Secretary of Education a proper party to seek the review of the CA decision exonerating Maximino? Reasons. (2%) If the SC affirms the CA decision, is Maximino entitled to recover back salaries corresponding to the entire period he was out of the service? Explain your answer. (3%)

b.

PART II XI TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%) a. b. c. d. e. Aliens are absolutely prohibited from owning private lands in the Philippines. A de facto public officer is, by right, entitled to receive the salaries and emoluments attached to the public office he holds. The President exercises the power of control over all executive departments and agencies, including government-owned or controlled corporations. Decisions of the Ombudsman imposing penalties in administrative disciplinary cases are merely recommendatory. Dual citizenship is not the same as dual allegiance.

IX Warlito, a natural-born Filipino, took up permanent residence in the United States, and eventually acquired American citizenship. He then married Shirley, an American, and sired three children. In August 2009, Warlito decided to visit the Philippines with his wife and children: Johnny, 23 years of age; Warlito, Jr., 20; and Luisa, 17. While in the Philippines, a friend informed him that he could reacquire Philippine citizenship without necessarily losing U.S. nationality. Thus, he took the oath of allegiance required under R.A. 9225. a. b. Having reacquired Philippine citizenship, is Warlito a natural-born or a naturalized Filipino citizen today? Explain your answer. (3%) With Warlito having regained Philippine citizenship, will Shirley also become a Filipino citizen? If so, why? If not, what would be the most speedy procedure for Shirley to acquire Philippine citizenship? Explain. (3%) Do the children --- Johnny, Warlito Jr., and Luisa --become Filipino citizens with their father's reacquisition of Philippine citizenship? Explain your answer. (3%)

XII William, a private American citizen, a university graduate and frequent visitor to the Philippines, was inside the U.S. embassy when he got into a heated argument with a private Filipino citizen. Then, in front of many shocked witnesses, he killed the person he was arguing with. The police came, and brought him to the nearest police station. Upon reaching the station, the police investigator, in halting English, informed William of his Miranda rights, and assigned him an independent local counsel. William refused the services of the lawyer, and insisted that he be assisted by a Filipino lawyer currently based in the U.S. The request was denied, and the counsel assigned by the police stayed for the duration of the investigation.

c.

William protested his arrest. a. He argued that since the incident took place inside the U.S. embassy, Philippine courts have no jurisdiction because the U.S. embassy grounds are not part of Philippine territory; thus, technically, no crime under Philippine law was committed. Is William correct? Explain your answer. (3%) He also claimed that his Miranda rights were violated because he was not given the lawyer of his choice; that being an American, he should have been informed of his rights in proper English; and that he should have been informed of his rights as soon as he was taken into custody, not when he was already at the police station. Was William denied his Miranda rights? Why or why not? (3%) If William applies for bail, claiming that he is entitled thereto under the "international standard of justice" and that he comes from a U.S. State that has outlawed capital punishment, should William be granted bail as a matter of right? Reasons. (3%)

XIV The Philippine Government is negotiating a new security treaty with the United States which could involve engagement in joint military operations of the two countries' armed forces. A loose organization of Filipinos, the Kabataan at Matatandang Makabansa (KMM) wrote the Department of Foreign Affairs (DFA) and the Department of National Defense (DND) demanding disclosure of the details of the negotiations, as well as copies of the minutes of the meetings. The DFA and the DND refused, contending that premature disclosure of the offers and counter-offers between the parties could jeopardize on-going negotiations with another country. KMM filed suit to compel disclosure of the negotiation details, and be granted access to the records of the meetings, invoking the constitutional right of the people to information on matters of public concern. a. b. Decide with reasons. (3%) Will your answer be the same if the information sought by KMM pertains to contracts entered into by the Government in its proprietary or commercial capacity? Why or why not? (3%)

b.

c.

XIII XV A terrorist group called the Emerald Brigade is based in the State of Asyaland. The government of Asyaland does not support the terrorist group, but being a poor country, is powerless to stop it. The Emerald Brigade launched an attack on the Philippines, firing two missiles that killed thousands of Filipinos. It then warned that more attacks were forthcoming. Through diplomatic channels, the Philippines demanded that Asyaland stop the Emerald Brigade; otherwise, it will do whatever is necessary to defend itself. Receiving reliable intelligence reports of another imminent attack by the Emerald Brigade, and it appearing that Asyaland was incapable of preventing the assault, the Philippines sent a crack commando team to Asyaland. The team stayed only for a few hours in Asyaland, succeeded in killing the leaders and most of the members of the Emerald Brigade, then immediately returned to the Philippines. a. b. Was the Philippine action justified under the international law principle of "self-defense"? Explain your answer. (3%) As a consequence of the foregoing incident, Asyaland charges the Philippines with violation of Article 2.4 of the United Nations Charter that prohibits "the threat or use of force against the territorial integrity or political independence of any State." The Philippines counters that its commando team neither took any territory nor interfered in the political processes of Asyaland. Which contention is correct? Reasons. (3%) Assume that the commando team captured a member of the Emerald Brigade and brought him back to the Philippines. The Philippine Government insists that a special international tribunal should try the terrorist. On the other hand, the terrorist argues that terrorism is not an international crime and, therefore, the municipal laws of the Philippines, which recognize access of the accused to constitutional rights, should apply. Decide with reasons. (3%) The KKK Television Network (KKK-TV) aired the documentary, "Case Law: How the Supreme Court Decides," without obtaining the necessary permit required by P.D. 1986. Consequently, the Movie and Television Review and Classification Board (MTRCB) suspended the airing of KKK-TV programs. MTRCB declared that under P.D. 1986, it has the power of prior review over all television programs, except "newsreels" and programs "by the Government", and the subject documentary does not fall under either of these two classes. The suspension order was ostensibly based on Memorandum Circular No. 98-17 which grants MTRCB the authority to issue such an order. KKK-TV filed a certiorari petition in court, raising the following issues: a. b. The act of MTRCB constitutes "prior restraint" and violates the constitutionally guaranteed freedom of expression; (3%) and While Memorandum Circular No. 98-17 was issued and published in a newspaper of general circulation, a copy thereof was never filed with the Office of the National Register of the University of the Philippines Law Center. (2%)

Resolve the foregoing issues, with reasons. XVI a. Angelina, a married woman, is a Division Chief in the Department of Science and Technology. She had been living with a married man, not her husband, for the last fifteen (15) years. Administratively charged with immorality and conduct prejudicial to the best interest of the service, she admits her live-in arrangement, but maintains that this conjugal understanding is in conformity with their religious beliefs. As members of the religious sect, Yahweh's Observers, they had executed a Declaration of Pledging Faithfulness which has been confirmed and blessed by their Council of Elders. At the formal

c.

b.

investigation of the administrative case, the Grand Elder of the sect affirmed Angelina's testimony and attested to the sincerity of Angelina and her partner in the profession of their faith. If you were to judge this case, will you exonerate Angelina? Reasons. (3%) Meanwhile, Jenny, also a member of Yahweh's Observers, was severely disappointed at the manner the Grand Elder validated what she considered was an obviously immoral conjugal arrangement between Angelina and her partner. Jenny filed suit in court, seeking the removal of the Grand Elder from the religious sect on the ground that his act in supporting Angelina not only ruined the reputation of their religion, but also violated the constitutional policy upholding the sanctity of marriage and the solidarity of the family. Will Jenny's case prosper? Explain your answer. (2%)

2008 POLITICAL LAW BAR QUESTIONS -I-

a. The legal yardstick in determining whether usage has

b.

- II May a treaty violate international law? If your answer is in the affirmative, explain when such may happen. If your answer is in the negative, explain why. (5%) - III -

XVII Filipinas Computer Corporation (FCC), a local manufacturer of computers and computer parts, owns a sprawling plant in a 5,000square meter lot in Pasig City. To remedy the city's acute housing shortage, compounded by a burgeoning population, the Sangguniang Panglungsod authorized the City Mayor to negotiate for the purchase of the lot. The Sanggunian intends to subdivide the property into small residential lots to be distributed at cost to qualified city residents. But FCC refused to sell the lot. Hard pressed to find a suitable property to house its homeless residents, the City filed a complaint for eminent domain against FCC. a. b. If FCC hires you as lawyer, what defense or defenses would you set up in order to resist the expropriation of the property? Explain. (5%) If the Court grants the City's prayer for expropriation, but the City delays payment of the amount determined by the court as just compensation, can FCC recover the property from Pasig City? Explain. (2%) Suppose the expropriation succeeds, but the City decides to abandon its plan to subdivide the property for residential purposes having found a much bigger lot, can FCC legally demand that it be allowed to repurchase the property from the City of Pasig? Why or why not? (2%)

The President alone without the concurrence of the Senate abrogated a treaty. Assume that the other country-party to the treaty is agreeable to the abrogation provided it complies with the Philippine Constitution. If a case involving the validity of the treaty abrogation is brought to the Supreme Court, how should it be resolved? (6%) - IV Congress passed a law authorizing the National Housing Authority (NHA) to expropriate or acquire private property for the redevelopment of slum areas, as well as to lease or resell the property to private developers to carry out the redevelopment plan. Pursuant to the law, the NHA acquired all properties within a targeted badly blighted area in San Nicolas, Manila except a wellmaintained drug and convenience store that poses no blight or health problem itself. Thereafter, NHA sold all the properties it has thus far acquired to a private realty company for redevelopment. Thus, the NHA initiated expropriation proceedings against the store owner who protested that his property could not be taken because it is not residential or slum housing. He also contended that his property is being condemned for a private purpose, not a public one, noting the NHA`s sale of the entire area except his property to a private party. If you were the judge, how would you decide the case? (6%) -VHaving received tips the accused was selling narcotics, two police officers forced open the door of his room. Finding him sitting partly dressed on the side of the bed, the officers spied two capsules on a night stand beside the bed. When asked, " Are these yours?", the accused seized the capsules and put them in his mouth. A struggle ensued, in the course of which the officer pounced on the accused, took him to a hospital where at their direction, a doctor forced an emetic solution though a tube into the accused's stomach against his will. This process induced vomiting. In the vomited matter were found two capsules which proved to contain heroin. In the criminal case, the chief evidence against the accused was the two capsules. a. b. As counsel for the accused, what constitutional rights will you invoke in his defense? (4%) How should the court decide the case? (3%)

c.

XVIII What are the essential elements of a valid petition for a people's initiative to amend the 1987 Constitution? Discuss. (2%)

- VI The Philippine National Police (PNP) issued a circular to all its members directed at the style and length of male police officers' hair, sideburns and moustaches, as well as the size of their waistlines. It prohibits beards, goatees and waistlines over 38 inches, except for medical reason. Some police officers questioned the validity of the circular, claiming that it violated their right to liberty under the Constitution. Resolve the controversy. (6%) - VII JC, a major in the Armed Forces of t\he Philippine, is facing prosecution before the Regional Trial Court of Quezon City for the murder of his neighbor whom he suspected to have molested his (JC's) 15-year old daughter. a. b. Is JC entitled to bail? Why or why not? (3%) Assume that upon being arraigned, JC entered a plea of guilty and was allowed to present evidence to prove mitigating circumstances. JC then testified to the effect that he stabbled the deceased in self-defense beacause the latter was strangling him and that he voluntarily surrendered to the authorities. Subsequently, the trial court rendered a decision acquittal violate JC's right against double jeopardy? Why or why noy? (3%)

material representation therein.What will be your advice? (3%) -XThe 1st Legislative District of South Cotabato is composed of General Santos and three municipalities including Polomolok. During the canvassing proceedings before the District Board of Canvassers in connection with the 2007 congressional election, candidate MP objected to the certificate pf canvass for Polomolok on the ground that it was obviously manufactured, submitting as evidence the affidavit of a mayoralty candidate of Polomolok. The certificate of canvass for General Santos was likewise objected to by MP on the basis of the confirmed report of the local NAMFREL that 10 election returns from non-existent precincts were included in the certificate. MP moved that the certificate of canvass for General Santos be corrected to exclude the the result from the non-existent precincts. The District Board of Canvassers denied both objections and ruled to include the certificate of canvass. May MP appeal the rulings to the COMELEC? Explain. (6%) - XI On August 8, 2008 the Governor of Bohol died and Vice-Governor Cesar succeeded him by operation of law. Accordingly, Benito, the highest ranking member of the Sangguniang Panlalawigan was elevated to the position of Vice-Governor. By the elevation of Benito to the office of Vice-Governor, a vacancy in the Sangguniang Panlalawigan was created. How should the vacancy be filed? (3%) - XII The Mayor of San Jose City appointed his wife, Amelia, as City Treasurer from among tree (3) employees pf the city considered for the said position. Prior to said promotion, Amelia had been an Assistant City Treasurer for ten (10) years, that is, even before she married the City Mayor. Should the Civil Service Commission approve the promotional appointment of Amelia? Why or why not? (6%) - XIII Congress enacted a law establishing the right to trial by jury of an accused charged with a felony or offense punishable with reclusion perpetua or life imprisonment. The law provides for the qualification of prospective jury member, the guidelines to be observed by the judge and the lawyers in jury selection including the grounds for challenging the selection of jury member, and t\he methodology for jury deliberations. Is the law constitutional? Explain fully. (7%) - XIV In 1963, congress passed a law creating a government-owned corporation named Manila War Memorial Commission (MWMC), with the primary function of overseeing the construction of a massive memorial in the heart of Manila to commemorate victim of the 1945 Battle of Manila

- VIII ST, a Regional Trial Court judge who falsified his Certificate of Service, was found liable by the Supreme Court for serious misconduct and inefficiency, and meted the penalty of suspension form office for 6 months. Subsequently, ST filed a petition for executive clemency with the Office of the President. The Executive Secretary, acting on said petition issued a resolution granting ST executive clemency. Is the grant of executive clemency valid? Why or why not? (6%) - IX Abdul ran and won in the May 2001, 2004 and 2007 elections for Vice-Governor of Tawi-Tawi. After being proclaimed ViceGovernor in the 2004 elections, his opponent, Khalil, filed an election protest before the Commission on Election. Ruling with finalty on the protest, the COMELEC declared Khalil as the duly elected Vice-Governor though the decision was promulgated only in 2007, when Abdul had fully served his 2004-2007 term and was in fact already on his 2007-2010 term as Vice Governor. a. Abdul now consults you if the can still run for ViceGovernor of Tawi-Tawi in the forthcoming May 2010 election on the premise that he could not be considered as having served as Vice-Governor from 2004-2007 because he was not duly elected to the post, as he assumed office merely as a presumptive winner and that presumption was later overturned when COMELEC decided with finality that had lost in the May 2004 elections. What will be your advice? (3%) Abdul also consults you whether his political party can validly nominate his wife as subtitute candidate for ViceMayor of Tawi-Tawi in May 2010 elections in case the COMELEC disqualifies him and denies due course to or cancels his certificate of candidacy in view of a false

b.

The MWMC charter provided an initial appropriation of P1,000,000, empowered the corporation to raise funds in its own name, and set aside a parcel of land in Malate for the memorial site. The charter set the corporate life of MWMC at 50 years with a proviso that Congress may not abolish MWMC until after the completion of the memorial. Forty-five (45) years later, the memorial was only 1/3 complete and the memorial site itself had long been overrun by quatters. Congress enacted a law abolishing the MWMC and requiring that the funds raised by it be remitted to the National Treasury. The MWMC challenged the validity of the law, arguing that under its charter its mandate is to complete the memorial no matter how long it takes. Decide with reason. (6%) - XV The principal of Jaena High School, a public school wrote a letter to the parents and guardians of all the school's pupils, informing them that the school was willing to provide religious instruction to its Catholic students during class hours, through a Catholic priest. However, students who wished to avail of such religious instruction needed to secure the consent of their parents and guardians in writing. a. b. Does the offer violate the constitutional prohibition againts the establishment of religion? (3%) the parents of evangelical Christian students, upon learning of the offer, demanded that they too be entitled to have their children instructed in their own religious faith during class hours. The principal, a devout Catholic, rejected the request. As counsel for the parents of the evangelical students, how would you argue in support of their position? (3%)

invoking their freedom to choose their profession. Is the law constitutional? (6%) NOTHING FOLLOWS.

- XVI Nationwide protest have erupted over rising gas prices, including disruptive demonstrations in many universities throughout the country. The Metro Manila State University, a public university, adopted a university-wide circular prohibiting public mass demonstrations and rallies within the campus. Offended by the circular,militant students spread word that on the following Friday, all students were to wear black T-shirt as a symbols of their protest both against high gas prices and the university ban on demonstrations. The effort was only moderately successful, with around 30% of the students heeding the call. Nonetheless, university officials were outraged and compelled the students leaders to explain why they should not be expelled for violating the circular against demonstrations. The student leaders approached you for legal advice. They contended that they should not be expelled since they did not violate the circular, their protest action being neither a demonstrator nor a rally since all they did was wear black T-shirts. What would you advise the students? (6%) - XVII As a reaction to the rice shortage and the dearth of mining engineers. Congress passed a law requiring graduates of public science high school henceforth to take up agriculture or mining engineering as their college course. Several students protested,