2017 Political Law Bar Exam

What is the pardoning power of the President under Art. VIII, Sec. 19 of the Constitution? Is the exercise of the power absolute? (4%) Suggested Answer: 1) Under the Constitution, except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations and pardons, and remit fines and forfeitures,…

State A and State B, two sovereign states, enter into a 10-year mutual defense treaty. After five years, State A finds that the more progressive State B did not go to the aid of State A when it was threatened by its strong neighbor State C. State B reasoned that it had to be prudent…

Do government-owned or -controlled corporations also enjoy the immunity of the State from suit? Explain your answer. (3%) Suggested Answer: No, if their charter provides that they can sue and be sued. If the agency is incorporated, the test of its suability is found in its charter. The simple rule is that it is suable…

The doctrine of immunity from suit in favor of the State extends to public officials in the performance of their official duties. May such officials be sued nonetheless to prevent or to undo their oppressive or illegal acts, or to compel them to act? Explain your answer. (3%) Suggested Answer: Yes. Under jurisprudence, the doctrine…

Under the doctrine of immunity from suit, the State cannot be sued without its consent. How may the consent be given by the State? Explain your answer. (3%) Suggested Answer: The State may give consent either expressly or impliedly. In this jurisdiction, the general law waiving the immunity of the state from suit is found…

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…