Declaration of State Policies, A2 1987 Constitution
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Declaration of State Policies, A2 1987 Constitution

Preliminary The following are the decorated State policies under the 1987 Constitution: 1) That the State shall pursue an independent foreign policy; 2) That the State shall pursue a policy of freedom from nuclear weapons in its territory; 3) That the State shall promote a just and dynamic social order; 4) That the State shall…

Declaration of principles, A2 1987 Constitution
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Declaration of principles, A2 1987 Constitution

1. Principles The following are the decorated principles under the 1987 Constitution: 1) That the Philippines is a democratic and republican State; 2) That sovereignty resides with the people; 3) That the Philippines renounces war as an instrument of war; 4) That the Philippines adopts international law; 5) That civilian authority is supreme over the…

Question XV-C, Political Law, 2017 Bar Exam

Question XV-C, Political Law, 2017 Bar Exam

Sec. 3, Art. XI of the Constitution states that “[n]o impeachment proceedings shall be initiated against the same official more than once within a period of one year.” What constitutes initiation of impeachment proceedings under the provision? (3%) Suggested Answer: The initiation takes place by the act of filing and referral or endorsement of the…

Question XV-B, Political Law, 2017 Bar Exam

Question XV-B, Political Law, 2017 Bar Exam

May a complaint for disbarment against the Ombudsman prosper during her incumbency? Explain your answer. (3%) Suggested Answer: No. Under jurisprudence, an impeachable officer who is a member of the Bar cannot be disbarred without first being impeached. To grant a complaint for disbarment during the incumbency would in effect be to circumvent and hence…

Question XV-A, Political Law, 2017 Bar Exam

Question XV-A, Political Law, 2017 Bar Exam

According to Sec. 3, Art. VIII of the Constitution, the Judiciary shall enjoy fiscal autonomy. What does the term fiscal autonomy signify? Explain your answer. (3%) Suggested Answer: Fiscal autonomy contemplates a guarantee of full flexibility to allocate and utilize their resources with the wisdom and dispatch that their needs require. It recognizes the power…

Question XIV, Political Law, 2017 Bar Exam

Question XIV, Political Law, 2017 Bar Exam

To fulfill a campaign promise to the poor folk in a far-flung area in Mindanao, the President requested his friend, Pastor Roy, to devote his ministry to them. The President would pay Pastor Roy a monthly stipend of ₱50,000.00 from his discretionary fund, and would also erect a modest house of worship in the locality…

Question XIII, Political Law, 2017 Bar Exam

Question XIII, Political Law, 2017 Bar Exam

Command responsibility pertains to the responsibility of commanders for crimes committed by subordinate members of the armed forces or other persons subject to their control in international wars or domestic conflicts. The doctrine has now found application in civil actions for human rights abuses, and in proceedings seeking the privilege of the writ of amparo….

Question XII, Political Law, 2017 Bar Exam

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, and to enable the unhampered and speedy disbursements of the donations through the mere action of its Board of Directors. Thereby, delays in the release of the donated funds occasioned…

Question XI, Political Law, 2017 Bar Exam

Question XI, Political Law, 2017 Bar Exam

Sec. 17, Art. VI of the Constitution establishes an Electoral Tribunal for each of the Houses of Congress, and makes each Electoral Tribunal “the sole judge of all contests relating to the election, returns, and qualifications of their respective Members.” On the other hand, Sec. 2(1), C (Commission on Elections), Art. IX of the Constitution…

Question X-B, Political Law, 2017 Bar Exam

Question X-B, Political Law, 2017 Bar Exam

Sec. 26(2), Art. VI of the Constitution provides that no bill passed by either House of Congress shall become a law unless it has passed three readings on separate days and printed copies of it in its final form have been distributed to the Members of the House three days before its passage. Is there…