Question 3, 2018 Political Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

III

(Question III, Political Law, 2018 Bar Exam)

What and whose vote is required for the following acts: (2% each)

(a) the repeal of a tax exemption law;

(b) a declaration of the existence of a state of war;

(c) the amendment of a constitutional provision through a constituent assembly;

(d) the resolution of a tie in a presidential election; and

(e) the extension of the period for the suspension of the privilege of the writ of habeas corpus?

Suggested Answer:

(a) Majority of all members of Congress

(b) 2/3 vote of all members of Congress, voting separately

(c) Majority of the votes cast in a plebiscite involving the electorate

(d) Majority vote of all members of Congress, voting separately

(e) Majority vote of all members of Congress, voting jointly

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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Subjects

Political Law, Labor Law

K. Anti-Wire Tapping Act

1. Crimes a. Illegal wire-tapping It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken

N. Cybercrime Prevention Act of 2012

Frequency: ★★★★☆ “Access” – refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a

4. Penalties

Frequency: ★★☆☆☆ a. Imposable penalties No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21, Ibid.) 1)

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