Question 5, 2017 Political Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor


(Question V, Political Law, 2017 Bar Exam)

(a) What is the right of legation, and how is it undertaken between states? Explain your answer. (2%)

(b) Under this right, may a country like Malaysia insist that the Philippines establishes a consulate in Sabah to look after the welfare of the Filipino migrants in the area? Explain your answer. (2%)

Suggested Answer:

(a) The right of legation refers to a State’s right to send a diplomatic mission to a foreign State. It is usually done through the establishment of diplomatic relations and/or permanent diplomatic relations as provided for in the 1961 Vienna Convention on Diplomatic Relations.

(b) Yes, if both States give their mutual consent. Under the 1961 Vienna Convention on Diplomatic Relations, the establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent.



Political Law, Labor Law

C. Arrests, Searches, and Seizures

Frequency: ★★☆☆☆ 1. Requisites of a valid warrant Requisites of a valid warrant: A search warrant shall not issue except: 1) Upon probable cause; 2)

Question 1, 2017 Labor Law Bar Exam

I. (Question I, Labor Law, 2017 Bar Exam) A. What are the accepted tests to determine the existence of an employer-employee relationship? (5%) B. Applying

Q. Swindling by Syndicate

Frequency: ★★☆☆☆ 1. Crime Swindling by a syndicate: Swindling (estafa) by syndicate is committed by a syndicate consisting of five or more persons formed with

1. Mala in se and mala prohibita

Frequency: ★★★☆☆ Mala in se – refers to acts wrong in themselves. (Dungo v. People, G.R. No. 209464, 01 July 2015) Mala prohibita – refers

C. Anti-Graft and Corrupt Practices Act

Frequency: ★★★★☆ “Government” – includes the national government, the local governments, the government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Republic

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