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2024 Political Law Bar Exam Question 4 #LocalGovernment #Citizenship #ArticleIV #ArticleX
In the 2022 elections, Pho Goh, 27 years old, won as provincial governor. Pho Goh took his oath of office and discharged his duties. Maxwell, a registered voter, filed a petition for quo warranto against Pho Goh on the ground that he cannot hold the Office of the Provincial Governor. Maxwell alleged that Pho Goh was born in Vietnam and submitted his Vietnamese passport as conclusive evidence that he is not a Filipino citizen. In contrast, Pho Goh opposed the petition and presented his belatedly registered birth certificate stating that his mother is a natural born citizen of the Philippines. Is Maxwell correct that Pho Goh cannot hold the Office of the Provincial Governor? Explain.
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2024 Remedial Law Bar Exam Question 9 #Jurisdiction #CriminalProcedure #LawOnPublicOfficers
The Ombudsman filed an information against City Mayor Isidro for violation of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and
Corrupt Practices Act before the Sandiganbayan. The information alleged that Mayor Isidro, “an incumbent City Mayor with Salary Grade 30, while in the performance of his official and administrative functions, acting with evident bad faith and manifest partiality, did then and there willfully, unlawfully and criminally give unwarranted benefits to ABC Corporation by allowing it to operate a dumpsite without the necessary environmental permits and clearances causing undue injury to the residents who had to endure the stench, flies, rats and mosquitoes emanating from the dumpsite.” Mayor Isidro sought to dismiss the criminal case for lack of jurisdiction and explained that the Regional Trial Court (RTC), not the Sandiganbayan, has authority to decide the controversy. Which between the Sandiganbayan and the RTC has proper jurisdiction over the criminal case? Explain.
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2024 Commercial Law Bar Exam Question 1 #IntellectualPropertyLaw #CopyrightLaw
Nympha, a famous author, collaborated with Tobias, a novice illustrator, to create a children’s book. Tobias offered his services for free. Nympha gave Tobias the manuscript and discussed with him the inspiration for the characters. Nympha envisioned a story about two best friends who had a huge fight but later realized the value of forgiveness. Tobias drew the characters based on Nympha’s specifications and instructions. Nympha then published the book and claimed sole copyright ownership. Nympha argued that she is the author not only of the text but also the images in the book since Tobias exactly adopted her idea. Is Nympha the copyright owner of the images or drawings in the book? Explain.
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2024 Political Law Bar Exam Question 1 #ConstitutionalLaw1 #ArticleVI
The Senate conducted investigations on how to strengthen the efforts of the government against fugitives from justice after prominent
personalities covertly left the country to escape prosecution. The Senate invited Winston as a resource person. Winston is a notorious drug dealer who managed to avoid his warrants of arrest and hold departure orders. At the hearing, the Senators asked Winston about the modus operandi and the names of immigration officers who helped him escape. Yet, Winston responded: "I will leave it to the Senate to find out the information about these immigration officers." Dissatisfied, the Senators immediately cited Winston in contempt and ordered his detention until he answers the question. Did the Senate lawfully cite Winston in contempt? Explain.
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