(Note: The answer requires the application of a concept that is not usually taught in law schools because it is not part of the applicable Philippine law – that is, the federal system of government. Bar examination questions should be limited to concepts and principles under applicable law.) Francesca Lourdes M. Señga on Saturday, November 4, 2017 Topics range from constitutional amendment, immunity, state-owned enterprises, legation, sovereignty, amnesty and pardon powers. The nature of the issues also varied, ranging from direct legal requests to specific situational issues. Francesca Señga shared the questions of the political legal part of the bar exam. The Abogada took pictures of the questions while flashing on the projector screen. Señga asked the 15 test questions asked this morning by budding lawyers. This includes sub-questions for most items that require a detailed answer or more than 1. Frequency: ★★★ ☆☆ 1. Independent The constitutional commissions that are supposed to be independent are: (1) the Public Service Commission (CSC); (2) Ambassador Robert is therefore not subject to arrest by the Philippine authorities. Conclusion Frequency: ★★★★★ 1.
Independence of the judiciary Recognition of the crucial role that the judiciary plays in our system of government, such as 3) The provisions of the Local Government Unit to extend its powers and functions to those of a federal system of government. Is the agreement signed by the president effective despite the lack of Senate approval? Explain your answer. (4%) In the case before the Bar, the President entered into an executive agreement and not a contract. Therefore, leave of the Senate is not required. Applicable According to case law, executive agreements may actually be concluded without the consent of the Senate. Rule Under the 1961 Vienna Convention on Diplomatic Relations, a diplomatic agent enjoys immunity from criminal jurisdiction of the receiving State. It also enjoys immunity from civil and administrative jurisdiction. Rule (b) Name at least three provisions of the Constitution that need to be amended or revised to make the transition from uniform to federal, and briefly explain why? (3%) In the case of the Bar Association, Ambassador Robert of State Alpha is a diplomatic agent who enjoys diplomatic immunity.
As a result, the Philippine authorities have no criminal jurisdiction over him. Frequency of use: ★★ ☆☆☆ 1. Scope and limits Concept: Freedom of residence. Freedom of residence and the modification thereof within the rule of speciality of international law, a requested State shall surrender to a requesting State a person who is to be tried only for an offence specified in its extradition treaty. Practical exercises Note: The last three (3) problems designated B.15. to B.17. all relate to the same party group (b) The following provisions should be amended or revised to move the unified government to the federal government: (2) the provisions of the executive, legislative and judicial branches to accommodate a federal system of government; and (1) the provision that describes the Philippines as a democratic and republican state for a democratic and federal state; Frequency: ★★★★★ 1. Methods of obtaining the status of single and exclusive negotiator (SEBA) a. SEBA certification concept: Voluntary recognition. The proposed revision of the Constitution can be proposed by: The rule of dual criminality stipulates that the extraditable offence must be punishable under the laws of the requesting and requested States. It simply means that the requested State is not obliged to extradite the person if its laws do not consider the conduct to be the subject of the extradition request to be criminal.
For the referendum to be ratified, any revision of the constitution requires a majority of the votes cast. (a) The procedure for amending or revising the Constitution is described as follows: (a) What are the established methods for amending the Constitution? Briefly explain each method. (3%) The President signs an agreement with his counterpart from another country that includes reciprocity in the treatment of nationals of each country residing in the territory of the other country. However, it does not submit the agreement to the Senate for approval. Ambassador Robert of State Alpha committed a very serious crime while leading his foreign mission in the Philippines. Will he be arrested by the Philippine authorities? Explain your answer. (3%). Extradition is the procedure provided for in a treaty between two States parties for the surrender of a fugitive offender residing in the first state by the requested State to the custody of the requesting State. However, extradition depends on the application of two principles: the principle of speciality and the principle of dual criminality.
Explain these principles. (4%). One of the administration`s priorities is to change the form of government from uniform to federal. The amendment can only be made by amending or revising the Constitution. (1) The Congress, with a vote of three-quarters of all its members; § 21, art. VII of the Constitution provides that no treaty or international agreement may be valid and effective without such consent. Frequency: ★★ ☆☆☆ 1. Requirements of a valid arrest warrant Requirements of a valid search warrant: A search warrant can only be issued if: The bar exam is known for the dissertation-type exam because it provides a high-quality overview of the legal knowledge and logic of this year`s promising Abogados and Abogadas. Frequency: ★★★★★ 1. Obligation to bargain collectively, bad faith Concept: Obligation to bargain collectively. The duty to negotiate.