Law Dictionary

Question I, Political Law, 2017 Bar Exam

Notice: The following suggested answers simulate those that a bar examinee may provide as an answer to a bar exam question. Thus, specific citations (i.e., republic acts, articles/sections, jurisprudence, etc.) are not provided because it is not required in the bar exam. For purposes other than answering the bar exam, please be reminded that proper referencing or legal citation is required.

Question I, Political Law, 2017 Bar Exam

A priority thrust of the Administration is the change of the form of government from unitary to federal. The change can be effected only through constitutional amendment or revision.

(a) What are the methods of amending the Constitution? Explain briefly each method. (3%)

(b) Cite at least three provisions of the Constitution that need to be amended or revised to effect the change from unitary to federal, and briefly explain why? (3%)

Suggested Answer:

(a) The following is the procedure for amending or revising the Constitution:

1) Proposal for amendment or revision; and,

2) Ratification via plebiscite.

For the proposal for any revision of the Constitution, it may be proposed by:

1) The Congress, upon a vote of three-fourths of all its Members;

2) A constitutional convention; or

3) People’s initiative. (Section 1 and 2, Article XVII, 1987 Constitution)

For the plebiscite, any revision of the Constitution to be ratified requires a majority of the votes cast.

(b) The following should be amended or revised to effect a change from unitary to federal Government:

1) The provision describing the Philippines as a democratic and republic State to a democratic and federal State;

2) The provisions under Executive, Legislative, and Judiciary to align with a federal system of Government; and,

3) The provisions under Local Government Unit to increase its powers and functions to that of a federal system of Government.

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

Suggested Answers

Question XII, Political Law, 2017 Bar Exam

The Congress establishes by law Philippine Funds, Inc., a private corporation, to receive foreign donations coming from abroad during national and local calamities and disasters,

Question XIII, Civil Law, 2018 Bar Exam

Sonny Inc., (SI) purchased several heavy machineries from Single Equipment Philippines, Inc. (SEP) for PhP 10 million, payable in 36 monthly installments. A chattel mortgage

Question IV, Civil Law, 2017 Bar Exam

(a) Distinguish antichresis from usufruct? (3%) (b) Distinguish commodatum from mutuum. (3%) Suggested Answer: (a) By the contract of antichresis the creditor acquires the right

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