Republic of the Philippines
Supreme Court
Manila
2020/21 BAR EXAMINATIONS
THE LAW PERTAINING TO THE STATE
AND ITS RELATIONSHIP WITH ITS CITIZENS
FEBRUARY 4, 2022
8:00 A.M. to 12:00 NN
INSTRUCTIONS
This is a 4-hour examination consisting of 18 problems. Each of the problems
is worth 5 points.
As earlier announced in Bar Bulletin No. 31, of the 18 problems, the first 11
problems are on Constitutional Law, followed by 1 problem on International Law,
then 3 problems on Labor Law, and finally, 3 problems on Taxation.
All the problems will first require a "Yes" or "No" answer, followed by a
concise legal explanation. You are highly encouraged to read the question in the
problem first before reading the entire problem.
Do not type your final answer in the notes box, which is only placed as a
tool if you want to use it. Any answer written in the notes box will not be included
in your final answer.
Allocate your time efficiently, since the software allows you to skip problems.
Feel free to first answer questions you find relatively easier than the others. You may
return to the more difficult questions initially left unanswered. Use the Flag feature
so that you remember which items to return to.
Do not leave distinguishing marks in any of your answers. Do not write a
mantra, motto, prayer to deities or saints, special plea addressed to the examiner or
the Bar Chairperson, or any other such extraneous text. Leaving any distinguishing
mark is classified as cheating and can disqualify you from the whole Bar
Examinations.
Technical issues during the exam are rare, but if you experience one, do not
panic. Do not attempt to submit your exam answers. Call the attention of your
proctor for assistance.
If you need to step out of the room, use the Hide Screen feature to prevent
anyone from seeing your answers.
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You have until 12:00 noon to finish the exam. Make sure you have answered
everything and reviewed your answers before then. When submitting, the system
will ask you one more time to confirm if you are ready to submit your answer file,
giving you another opportunity to review your answers.
Once done, show your proctor the green screen confirming your submission.
If the green screen does not appear, check with your proctor before leaving the room.
Always keep in mind your obligations under the Honor Code.
When you hurdle the Bar Examinations, do not forget to serve the people.
Always remember: honor and excellence.
All the women and men who have made the Bar Examinations possible
despite the pandemic and other challenges wish you: All the best!
MARVIC M.V.F. LEONEN
Associate Justice and
Chairperson, 2020/21 Bar Examinations
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1.
Can a charismatic and effective 30-year-old former mayor of a chartered city in
Metro Manila legally run for President of the Republic of the Philippines in the
2022 elections? Explain briefly.
2.
A law is passed penalizing any criticism of any sitting Member of the Supreme
Court on any media platform. The penalty is higher when the criticism is made
through social media.
Is this law constitutional? Explain briefly.
3.
A law is passed which provides that when the Department of Public Works and
Highways expropriates property for government infrastructure projects, it will
have the sole and exclusive authority to determine the price to be paid as
compensation to the landowner, which amount shall be no more than the
assessed value of the property used for real property taxation.
Is this provision of law valid? Explain briefly.
4.
A provincial ordinance was passed setting a province-wide curfew for all
minors. This was challenged through a suit filed before the Regional Trial Court
having territorial jurisdiction over the province.
The provincial legal officer sought the case's dismissal on the lone ground that
the Supreme Court has sole and exclusive jurisdiction to determine the
constitutionality of a treaty, law, or ordinance.
Should the provincial legal officer's prayer for dismissal be granted? Explain
briefly.
5.
Both the House of Representatives and the Senate passed a bill which: (a)
increases the number of Supreme Court Justices from 15 to 20; (b) assigns the
five most senior Justices, including the Chief Justice, exclusively to a Special
Division that will tackle only constitutional cases; and (c) removes from the
Supreme Court En Banc the power to hear and decide cases involving alleged
violations of the Constitution.
The Chief Presidential Legal Counsel advises the President to veto the bill,
arguing that the law is unconstitutional because its contents should be the
subject of constitutional amendment rather than of legislation.
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Is the Chief Presidential Legal Counsel's argument constitutionally sound?
Explain briefly.
6.
To contain the spread of a virus, and in line with the World Health
Organization's declaration of a pandemic, the President declared martial law
throughout the entire Philippine archipelago. As an additional justification, the
Proclamation declaring martial law cited the possibility that health protocols
might not be followed.
A law student filed a petition before the Supreme Court questioning the
sufficiency of the constitutional and factual bases for the martial law
declaration.
Does the law student have standing to file this action? Explain briefly.
7.
The Executive Judge of a Regional Trial Court prohibited the conduct of daily
prayers for Muslims inside any room of the Hall of Justice even during break
time.
Among Muslims, five daily prayers (salah) are mandatory. In all these daily
prayers, Muslims need to face the qiblah. There is a noontime prayer (Zhuhr)
and an afternoon prayer (Asr). But unlike the other three prayers, these two can
be recited silently, but still on a prayer mat and with body movements.
There is a Supreme Court Resolution that allows Catholic masses to be held
during break time inside Halls of Justice. There was only one dissent to this
Resolution on the ground of strict separation of Church and State in relation to
acts of worship.
The Executive Judge is a member of a Catholic institution perceived to be
conservative.
Did the Executive Judge violate the equal protection clause of the Constitution?
Explain briefly.
8.
A news agency incorporated under Philippine laws won two international
awards for its stand on freedom of expression. One of its founding directors
even won the Nobel Peace Prize. For championing free expression, it received
a substantial investment offer from a British philanthropist.
The investment offer comes in the form of funds which can cover at least 80%
of the news agency's operations, both in print and online. In exchange, however,
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the British philanthropist would acquire 51% of the news agency's outstanding
common and voting stocks, as well as get a seat for the philanthropist's nominee
in the news agency's governing board.
Are the conditions of the investment constitutional? Explain briefly.
9.
As a car driver was getting into their car inside the parking area of a mall in
Makati, two individuals suddenly came from behind them. One pointed a gun
to the car driver's head while the other grabbed the car keys in the driver's hand.
The two then sped away with the car.
After recovering from the initial shock, the driver took their smartphone and
opened the app “Find My Car.” “Find My Car” is an app that tracks in real time
the movement and location of a car through a Global Positioning System (GPS)
device installed in the car.
The driver then went to the nearest police station and showed the officers the
current location of the car as shown on their smartphone. The car appeared to
stop at a spot in Novaliches, Quezon City.
Six hours after the car had been stolen, a combined team of elite police officers
from the Highway Patrol Group and the Criminal Investigation Detection
Group, by force and without a warrant, searched a private home in Novaliches,
Quezon City. The private home was pinpointed by the car's GPS tracker as
displayed on the driver's phone.
The private home is enclosed by a gate and is equipped with security cameras.
In the private home's garage, the police officers found the driver's car, along
with two other cars which matched police records of previously stolen motor
vehicles. The officers seized and impounded all three cars. Right then and there,
they also arrested the owner of the private home, who was subsequently charged
with carnapping.
Are the seized cars admissible in evidence? Explain briefly.
10. Disappointed that both Houses of Congress are seriously debating a bill seeking
to enable absolute divorce, a citizen filed a petition asking the Supreme Court
to order Congressional deliberations to stop.
Should the petition prosper? Explain briefly.
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11. A Senator filed a petition for mandamus to compel a newly elected President to
sign, approve, and transmit to the Senate for its ratification the treaty creating
the International Criminal Court.
Should this petition prosper? Explain briefly.
12. The United Nations General Assembly unanimously passed a Resolution
expressing the commitment of its members to pass laws and related policies that
would provide incentives for all citizens of the planet to change their lifestyles
so that the impending disasters brought about by climate change can be avoided
or mitigated.
As the principal legal adviser to the Secretary of Foreign Affairs, you are asked
this query: Is this General Assembly Resolution a valid source of State
obligation under international law? Explain briefly.
13. A nongovernmental organization operating in the Philippines which seeks to
promote equality and human dignity in the workplace has 40 rank-and-file
employees.
Can the employees of this cause-oriented, nongovernmental organization form
a labor union? Explain briefly.
14. Upon the owner's instructions, the restaurant manager served a notice of
termination on a cashier who has been employed in that restaurant for more than
five years. Effective immediately, the notice was based on the alleged
insubordination of the cashier.
The owner had ordered the termination immediately after learning from the
manager that the cashier was asking whether the restaurant was remitting Social
Security System contributions deducted from employees' salaries.
Will an action for illegal dismissal filed by the cashier prosper? Explain briefly.
15. In 2019, as a response to a viral #UniversityDoBetter movement, a university
announced that it would create the position of independent gender auditor
answerable only to the university's Board of Regents.
The #UniversityDoBetter movement had arisen when a high school student
started to post on social media complaints alleging sexual improprieties by
some professors. Others soon followed with their own stories. Even traditional
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media outlets covered their stories. True to its promise, the university engaged
one of its former professors with profound feminist views as gender auditor.
The contract stipulated a performance review after five months of the gender
auditor's being engaged. The gender auditor's performance was never the
subject of any assessment by the Board of Regents.
For about two years, the gender auditor submitted several candid findings on
the behavior of some members of the university's faculty and administration. In
January 2021, the gender auditor submitted a report that the university's
management, including the Board of Regents, enabled and facilitated a hostile
environment not only for women but also for those whose sexual orientation,
gender identity, or gender expression were considered “nonconforming,” i.e.,
members of the lesbian, gay, bisexual, transgender, queer, intersex, asexual, and
other gender and sexual minorities (LGBTQIA+) community. This report
leaked and stirred a controversy, causing the university president to be
dismissed from their post.
In January 2022, after the president's dismissal, the gender auditor received a
letter from the Board of Regents, requiring the submission of a performance
assessment to determine whether the gender auditor can be considered a regular
employee.
The gender auditor seeks your advice because you passed
#BestBarEver2020_21 and were recognized for exemplary performance.
the
Is the gender auditor still a probationary employee? Explain briefly.
16. The receipt for your purchase of a mobile phone charger shows that you just
bought it for PHP2,100.00.
The receipt shows that the total amount is broken down between the selling
price of the charger, which is PHP2,050.00, and the value-added tax, which is
PHP50.00.
Is the amount of value-added tax correct? Explain briefly.
17. After finally passing the Bar Examinations, a new lawyer was given an
engagement ring worth PHP1,000,000.00 by a longtime significant other who
happened to be one of the most junior sitting Justices of the Supreme Court.
Their relationship has so far been platonic.
Being an avid supporter of the current government, the new lawyer told the
significant other that the gift would only be accepted if all taxes due have been
paid.
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Is there any tax liability arising from the giving of the engagement ring? Explain
briefly.
18. A corporation received a letter of authority from the Bureau of Internal Revenue
for 2015, which is also the corporation's taxable year. By the end of 2019, the
Bureau of Internal Revenue had yet to complete examining the corporation's
books.
In January 2020, before the onset of the COVID-19 pandemic, the Bureau of
Internal Revenue issued a final assessment for deficiency taxes for 2015 based
on the same letter of authority. The Bureau of Internal Revenue only found a
deficiency in the income tax but did not find fraud.
Is the assessment valid? Explain briefly.
- END OF DAY 1 MORNING EXAMINATION -
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