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Civil Law Bar Exam Answers: Conflict of Laws

Appilicable Laws; laws governing contracts (1992) X and Y entered into a contract in Australia, whereby it was agreed that X would build a commercial building for Y in the Philippines, and in payment for the construction, Y will transfer and convey his cattle ranch located in the United States in favor of X. What law would govern: a)   The validity of the contract? b)   The performance of the contract? c) […]

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Political Law Bar Exam Answers: Custodial Investigation

Custodial       Investigation;       Extrajudicial Confession (2001) No  IX  –  Rafael,  Carlos  and  Joseph  were accused of murder before the Regional Trial Court of Manila. Accused Joseph turned state witness against his co-accused Rafael and Carlos, and was accordingly discharged from the information. Among the evidence presented by the prosecution was an extrajudicial confession made  by Joseph  during  […]

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Political Law Bar Exam Answers: Bill of Attainder

Bill of Attainder (1987) No. XI: Congress passed a law relating to officials and employees who had served in the Government for the period from September 21, 1972 up to February 25, 1986. (a)     One  provision  of  the  law  declared  all officials from the rank of assistant head of a department, bureau,  office or agency “Unfit”            […]

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Political Law Bar Exam Answers: State Immunity from Suit

State Immunity from Suit (1991) No. 13; In February 1990, the Ministry of the Army. Republic of Indonesia, invited bids for the supply of 500,000 pairs of combat boots for the use of the Indonesian Army. The Marikina Shoe Corporation, a Philippine corporation, which has no branch office and no assets in Indonesia, submitted  a […]

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Political Law Bar Exam Answers: Declaration of Principles and State Policies

Armed Forces; Servant of the People (2003) No  I  –  Article  II.  Section  3,  of  the  1987 Constitution expresses, in part, that the “Armed Forces of the Philippines is the protector of the people and (of) the State.” Describe briefly what this provision means. Is the Philippine National Police covered by the same mandate? FIRST ALTERNATIVE […]

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Political Law Bar Exam Answers: National Territory

Archipelagic Doctrine (1989) No. 20: What do you understand by the archipelagic  doctrine?  Is  this  reflected  in  the 1987 Constitution?   SUGGESTED ANSWER: The ARCHIPELAGIC DOCTRINE emphasizes the unity of land and waters by defining an archipelago either as a group of islands surrounded by waters or a body of waters studded with islands. For this […]

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Civil Law Bar Exam Answers: General Principles

Civil law vs. Common Law (1997) How  would  you  compare  the  Civil  Law  system  in  its governance  and trend with that of  the  Common  Law system? SUGGESTED ANSWER: As regards “governance”: Governance in Civil Law is codal, statutory and written law. It is additionally derived from case law. Common law is basically derived from case law. As regards “trend”: Civil law is now tending to rely more […]

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Political Law Bar Exam Answers: 1987 Constitution

Phil Con 87; New Features (1991) No 1: How is the Bill of Rights strengthened in the 1987 Constitution?   SUGGESTED ANSWER: There  are  several  ways  in  which  the  Bill  of Rights is strengthened in the 1987 Constitution. 1.   New  rights  are  given  explicit  recognition such as, the prohibition against detention by reason of political beliefs […]

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