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Many state bar associations post former bar exam essay questions and sample answers on their websites. These model answers are useful for studying for the bar and final exams.

Search online for state bar exam questions and answers, or use the list provided at the bottom of this page. Access is free.

• Try writing a response to a practice question, then comparing your response to the model answer.
• Some bar exam questions require the application of state law (e.g., California civil procedure), and may not be helpful if you are studying federal law. Read the question carefully. 
• Subject coverage will vary by exam and by state.

1L Subjects:

• Civil Procedure (federal and state questions)
• Constitutional Law
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2L/3L Subjects:

• Business Organizations
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Criminal Law and Procedure on the Multistate Essay Exam: Highly Tested Topics and Tips

Criminal Law and Procedure appears consistently on the MEE. However, it is tested less frequently than some other MEE subjects.

Here, we give you tips for approaching Criminal Law and Procedure on the MEE and we reveal some of the highly tested issues in Criminal Law and Procedure MEE questions.

Criminal Law and Procedure on the Multistate Essay Exam

1. first, be aware of how criminal law and procedure is tested.

Criminal Law and Criminal Procedure It is tested, on average, a little less than once per year.

Note that, in general, the MEE tests Criminal Law  or  Criminal Procedure. Although Criminal Law and Criminal Procedure have been combined before, usually, one subject or the other is tested on the MEE. Criminal Law and Criminal Procedure are tested with about the same frequency so, the chances of seeing a Criminal Law question are about as good as seeing a Criminal Procedure question.

Recently (July 2017 and July 2016), Criminal Procedure was combined with Evidence. In both cases, a  Miranda issue was tested with hearsay.

2. Be aware of the highly tested Criminal Law and Procedure issues

The examiners tend to test several of the same issues in Criminal Law and Procedure MEE questions. You can maximize your score by being aware of these highly tested issues. (We have a nice summary of these in our  MEE One-Sheets  if you want to see all of them and have them all in one place.)

Some of the highly tested Criminal Law and Procedure Multistate Essay Exam issues include:

In the area of Criminal Law, homicide is the most highly tested topic . Homicide is also very important to know for the MBE since three to four scored MBE questions will test homicide. The most important thing to understand about homicide is the distinctions between first-degree murder, second-degree murder , felony murder , voluntary manslaughter , and involuntary manslaughter . The chart below clarifies these distinctions for you.

The issue of causation often is tested with homicide. Remember that the defendant’s actions must be the actual and proximate cause of the victim’s death . (Apply the same causation principles as when you study negligence in Torts.)

Defense of insanity

• Insanity: the most frequently tested insanity test on the MEE is the M’Naghten test .

The Fifth Amendment

The most highly tested topic , by far, in Criminal Law and Procedure MEE questions is the Fifth Amendment . Specifically,  Miranda  warnings are frequently tested. You should know:

• When are  Miranda warnings needed? When there is a “ custodial interrogation .”

• How are  Miranda rights waived? They are waived if the suspect makes a “ knowing, intelligent, and voluntary ” waiver.

• How are  Miranda rights invoked? The suspect must be  explicit, unambiguous, and unequivocal in invoking his rights. So, the suspect must say something like, “I want a lawyer” or “I am exercising my right to remain silent.” He cannot merely say, “I think I want a lawyer” or remain silent when asked questions.

• What happens if a Miranda violation occurs? The  statements are excluded from the prosecutor’s case-in-chief. However, any “ physical fruits ” can be admitted against the defendant if the defendant made the statements voluntarily. Students often confuse these issues. As an example, a defendant was  not  properly given  Miranda warnings despite being in custody and being interrogated. The defendant confessed to murdering a victim and stated, “The weapon is in the cellar of my uncle’s basement.” The prosecutors thereafter recover the weapon. The defendant’s  statements could not be admitted against him in the prosecutor’s case-in-chief. However, the “physical fruits”—in this case, the weapon—could be (assuming the defendant made his statements voluntarily).

The Fourteenth Amendment and Sixth Amendment have also appeared on Criminal Procedure MEE questions. However, the Fifth Amendment is the examiners’ favorite issue to test.

Also, take the time to memorize the key vocabulary above (e.g., “custodial interrogation,” “knowing, intelligent, and voluntary” waiver). These are terms that the graders will be looking for as they scan your essay. Including these terms makes it easier for the grader to award you points!

The Fourth Amendment

The Fourth Amendment prohibition against unreasonable searches and seizures has also appeared frequently on Criminal Procedure MEE questions. We recommend you review:

• When the Fourth Amendment applies: the Fourth Amendment applies when there is a search or seizure by a government agent when the person has a reasonable expectation of privacy.

• Valid warrant requirements: a warrant is valid if it is issued by an unbiased magistrate and is supported by probable cause and particularity.

• Valid warrant exceptions: consent, plain view, exigent circumstances (“hot pursuit,” emergency, risk of evidence disappearing).

3. Learn basic definitions to introduce each topic

There are some definitions that the grader will expect to see for certain topics. For example:

• Malice aforethought in murder:   “Malice aforethought” is a term of art that encompasses different mental states. In most jurisdictions, the malice aforethought requirement is satisfied if the defendant acted with intent to kill , with the knowledge that his acts would kill , with intent to inflict great bodily harm , or with reckless disregard of an extreme risk to human life (a depraved heart).
• Miranda warnings :   Law enforcement officers are required to read  Miranda warnings to a suspect when the suspect is subjected to a custodial interrogation. If the officers were required to read the warnings and failed to do so, the suspect’s statements should be suppressed.

• Interrogation:  Any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect.

• Custody:  A substantial seizure that is defined as either a formal arrest or a restraint on freedom of movement of the degree associated with a formal arrest.

Being able to define key concepts will go a long way to build credibility with the grader. This will also help you accurately apply the law and reach a conclusion.

Some students—especially those that did not take Criminal Law or Criminal Procedure in law school—find it helpful to make a separate page of vocabulary terms or key words to use in an MEE answer. We recommend you try that if you struggle with Criminal Law and Procedure vocabulary.

4. Practice! 

Practice is critical if you want to master Criminal Law and Procedure on the MEE. As an added bonus, you will probably also see your Criminal Law MBE score improve since Criminal Law is tested on both the MEE and MBE.

Here, we have provided you with some links to free Criminal Law and Procedure questions and NCBE point sheets. (If you would like to purchase a book of Criminal Law and Procedure MEE questions and NCBE point sheets from 2005 to the most recent administration available, check out our  MEE books  here. You can also see some additional exams  on the NCBE website for free here .)

• February 2023 Criminal Procedure MEE: this MEE covers proper execution of a search warrant; knock-and-announce rule; plain-view doctrine ; Terry search scope; exclusionary rule scope; and particularity of a warrant.
• July 2016 Criminal Procedure MEE (combined with Evidence) : this MEE covers Fifth Amendment Miranda warnings.
• July 2015 Criminal Law MEE: this MEE covers insanity as a defense and homicide.
• July 2009 Criminal Law and Criminal Procedure MEE: this MEE covers the Fourth Amendment and attempt.
• Go to the next topic, Evidence .

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Whodunit solving the mystery of writing a first-rate criminal law essay exam.

I was leaving the post office one day and I saw a license plate that was an acronym for Nancy Drew. I stopped to admire the plate because it immediately took me back to when I was young and would voraciously read Nancy Drew mystery novels. It reminded me that reading the books taught me how to solve mysteries. As a civil litigation attorney, I regularly apply that skill in my practice because, as I go from one case to the next, I solve one mystery at a time.  

Normally, the mystery is the extent of the wrongdoing by the opposing party. However, sometimes it is discovering the relevant facts that my client conveniently failed to share with me. Tapping into your inner sleuth will assist you with learning to write first-rate Criminal Law exam answers as well as answers in any other type of law school exam you may encounter.

Prepare to Solve Your Mystery

Preparation is essential to solving the mystery of writing a Criminal Law exam. As a law student, your preparation commences with reading and briefing all the assigned cases. This teaches you the law and how to reason. Further, it assists with preparing your study outline for the class. It also teaches you the discipline of IRAC, which is fundamental to law exam writing. 

Fleming’s is in a powerful position to assist with your law school exam preparation - as demonstrated by one of our law students receiving the only known perfect score on a Criminal Law Bar exam. The student who wrote the answer implemented what Fleming’s teaches when answering a Criminal Law exam, and the Bar Examiners rewarded him with a perfect 100 score for his presentation.  

So that you can see Fleming’s law exam methods and techniques at work for yourself, I recommend reading our recent article about this student’s impressive accomplishment: 

Bar Examiners Give Fleming’s Law Student a Perfect Score on His Essay Exam Answer  

The question, along with the student’s perfectly scored answer, is appended at the end of the article. You, too, can achieve this result with Fleming’s at your side.

Every Sleuth Needs a Partner

As Nancy Drew had her Bess Marvin, every sleuth needs a partner. For law students, legal study supplements are your Bess Marvin sidekick. Fleming’s has a wide array of supplements that can assist law students with course substantive law outlines as well as fail-safe methods and techniques for law exam writing .  

I highly recommend Fleming’s Sail Through Law School with The Exam Solution® for Criminal Law because it provides a four-hour substantive law lecture, a substantive law outline, and three essay exams with sample California Bar exam answers. This is all you need to tie together everything about the subject that you are learning in the classroom. Reviewing Bar exam answers is invaluable because they assist with how to format, weigh issues, and write persuasive analysis. One of my former students conveyed that the resources from this series really helped her prepare for her recent midterms.  

Identify the Suspects

Now that you are ready to commence your law exam writing, you must start with identifying your suspects. Therefore, the first thing you do is read the call of the question. Read it at least twice because it is imperative to understand the scope of your investigation. You must headnote and write on each call of the question separately because failure to do so will result in a failing grade. 

Examine the Crime Scene

The next step of your investigation is to examine the crime scene, which is the fact pattern for the exam. Read it twice – concentrate solely on the facts. Read it again to prepare your issue outline as outlining is imperative to your success on the exam. It tells you how many issues you have to write on, which ones are major and minor, and how to allocate your writing time so you do not run short in finishing before time is called.

Map Out the Scope of Your Investigation

When writing law school or California Bar exam answers, you must write on the issues in the order that they are spotted in the fact pattern. You strategize this when outlining the exam, which is why outlining is so crucial to your success. 

When drafting your outline make four columns, one for each part of IRAC, to ensure that you write your answer in an orderly manner - including all the required crimes and defenses. 

The first column is for the issue, the next for the rule, then the facts for your analysis/application, and the last column for the conclusion. You should abbreviate whenever possible to keep your outline time between 15 – 20 minutes.  

The example below for outlining the issue of robbery is taken from Fleming’s Writing Workbook p. 43. 

Now that you have examined the crime scene and created your outline, you are ready to write your essay answer. Think about what you want to say before beginning to write. This will help you formulate your thoughts and prevent you from rambling once you get started.

Write Your Investigation Report

A successful answer applies the relevant facts to each element of the rule to persuade the reader as to why the crime or defense succeeds or fails. What you are trying to do is answer the “why” or “why not” regarding each element of the rule, using the facts from the exam. 

As an initial matter, you must weigh the issues to ensure you have enough time for major issues such as homicide. A classic Criminal Law California Bar exam will contain a number of crimes and a homicide at the end. Generally, when there is a homicide, you will need 15 – 20 minutes to write on it because you must write on each required issue/subpart. If you run out of time to write a full homicide analysis, you will likely fail the exam because it is a heavily weighted issue. 

A superior answer will analyze the arguments of each party. You want to argue on behalf of the State first because it is prosecuting the case. Then you write the counterarguments for the defendant. 

Writing both sides will set you apart and increase your score because the majority of students only write on behalf of the prosecution. Developing this skill is essential as an attorney because you must always anticipate the arguments of the opposing party. 

There are certain issues that require writing on the common law rule as well as the modern rule or Model Penal Code. Burglary is a classic example. You must analyze common law burglary as well as the modern law distinctions because the burden of proof is lower. When writing on the insanity issue, you must always write on all four insanity excuses.  

You must write a one-sentence conclusion regarding each issue on the exam as well as an overall conclusion if required by the call of the question.

Justice Is Served

Writing a first-rate Criminal Law exam takes hard work and discipline. This can be achieved by stepping into the exam to spot and solve each mystery of whether or not the crime or defense succeeds or fails. 

Justice will be served when you write a first-class answer and receive your desired passing score. This will put you one step closer to going from law student to lawyer. 

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Spring 2022 Past Exams

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• Law 313: Community Property- Question 1
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• Law 216B Evidence Question 1
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• Law 420 Remedies Question 1
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Spring 2021 Past Exams

• Law 115B: Contracts - Spring 2021 Includes Prof. Tonsing's notes on right margin (beginning on page 10)
• Law 212: Real Property Question 1
• Law 212: Real Property Answer: 1
• Law 212: Real Property Question 2
• Law 212 Real Property Answer 2

Fall 2021 Past Exams

• Law 120 Criminal Law Question 1_Fall 2021
• Law 120 Criminal Law Answer 1_Fall 2021
• Law 120 Criminal Law Question 2_Fall 2021
• Law 120 Criminal Law Answer 2_Fall 2021
• Law 120 Criminal Law Question 3_Fall 2021
• Law 120 Criminal law Answer 3_Fall 2021
• Law 212A Property Question 1_Fall 2021
• Law 212A Property Answer 1 Fall 2021.docx
• Law 212A Property Question 2_Fall 2021
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• Law 212A Property Question 3_Fall 2021
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• Law 216A Evidence Question 1_Fall 2021
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• Law 216A Evidence Question 2_Fall 2021
• Law 216A Evidence Answer 2_Fall 2021
• Law 216A Evidence Question 3_Fall 2021
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• Law 315 Wills & Trusts Question 1_Fall 2021
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• Law 315 Wills & Trusts Answer 2_Fall 2021
• Law 315 Wills 7 Trusts Question 3_Fall 2021
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• Law 318 Crim Pro Answer 1_Fall 2021
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• Law 318 Crim Pro Question 3_Fall 2021
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• Law 320A Con Law Question 1_Fall 2021
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• Law 320A Con Law Question 2_Fall 2021
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• Law 320A Con Law Question 3_Fall 2021
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• Law 418 PR Question 1_Fall 2021
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• Law 112A Torts Question 1_Fall 2021.
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• Law 112A Torts Question 3_Fall 2021
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FALL 2020 Past Exams and Model Answers (Essays)

• Law 112A: Torts - Questions (2020)
• Law 112A - Torts - Q1 Model Answer (2020)
• Law 112A - Torts-- Q2 Model Answer (2020)
• Law 115a: Contracts - Questions 1-2 (2020)
• Law 115A: Contracts Model Answers 1-2 (2020)
• Law 120: Criminal Law - Questions (2020)
• LAW 120: Criminal Law - Q1 Model Answer (2020)
• Law 120: Criminal Law - Q2 Model Answer (2020)
• Law 318 Criminal Procedure - Questions (2020)
• Law 318 Criminal Procedure - Q1 Model Answer (2020)
• Law 318 Criminal Procedure - Q2 Model Answer (2020)
• Law 214a: Civil Procedure - Questions (2020)
• Law 214a: Civil Procedure - Q 1-2 Model Answers (2020)
• Law 216a: Evidence - Questions (2020)
• Law 216a: Evidence- Q 1-2 Model Answers (2020)
• Law 425: Business Associations - Questions (2020)
• Law 425: Business Associations - Q1 Model Answer (2020)
• Law 418: Professional Responsibility - Question (2020)
• Law 418: Professional Responsibility - Model Answer (2020)
• Law 315: Wills & Trusts - Questions (2020)
• Law 315: Wills & Trusts - Model Answer (2020)
• Law 216B: Evidence - Questions (2021)
• Law 216B: Evidence - Answers (2021)
• Law 212 - Question 1
• Law 212 - Answer 1

2018-2019 Past Exams and Model Answers

• Zimba - Civil Procedure Essay Questions - Spring 2019
• Zimba - Civil Procedure - Model Answers Spring 2019
• Prochovnick - Real Property Essay Questions - Spring 2019
• Prochovnick - Real Property Model Answer - Spring 2019
• Kanios - Torts Essay Questions - Fall 2018
• Kanios - Torts Model Answer - Fall 2018
• Taylor - Remedies Essay Questions - Spring 2019
• Taylor - Remedies - Model Answers - Spring 2019
• Kelley - Criminal Law - Essay Questions - Spring 2019
• Kelley - Criminal Law - Model Answer -Spring 2019
• Kelley - Criminal Procedure - Essay Questions - Spring 2019
• Kelley - Criminal Procedure - Model Answers - Spring 2019
• Taylor - Wills & Trusts - Essay Question - Fall 2018
• Taylor - Wills & Trusts - Model Answer - Fall 2018
• Business Associations - Essay Questions - Spring 2019
• Business Associations - Model Answer - Spring 2019
• Community Property (CA) - Essay Question - Spring 2019
• Community Property (CA) - Model Answer - Spring 2019
• Contracts Essay Question - Spring 2019
• Contracts Model Answer - Spring 2019
• Mills - Remedies Exam Question - Spring 2019
• Mills - Remedies Exam Model Answer - Spring 2019
• Harper - Con Law Exam Questions - Spring 2019
• Harper - Con Law Exam Model Answer - Spring 2019
• Hyden - Con Law Exam Questions - Spring 2019
• Hyden - Con Law Exam Model Answer - Spring 2019

Older Exams

• Law 216B: Evidence - Questions (FALL 2017)
• Law 216B: Evidence Answers (FALL 2017)
• Law 216B: Evidence Questions (SPRING 2017)
• Law 216B: Evidence Answers (SPRING 2017)
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Read each question very carefully and write your answers in your Bar Examination Notebook in the same order as the questions. Write your answers only on the front page of every sheet. Note well the allocated percentage points for each question or sub-question. In your answers, use the numbering system in the questionnaire.

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A MERE "YES" OR "NO" ANSWER WITHOUT ANY CORRESPONDING EXPLANATION OR DISCUSSION WILL NOT BE GIVEN FULL CREDIT. THUS, ALWAYS BRIEFLY BUT FULLY EXPLAIN YOUR ANSWERS ALTHOUGH THE QUESTION DOES NOT EXPRESSLY ASK FOR AN EXPLANATION. DO NOT REWRITE OR REPEAT THE QUESTION ON YOUR NOTEBOOK.

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YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE MARIANO C. DEL CASTILLO Chairperson 2018 Bar Examinations

Congress enacted a law to provide Filipinos, especially the poor and the marginalized, access and information to a full range of modern family planning methods, including contraceptives, intrauterine devices, injectibles, non- abortifacient hormonal contraceptives, and family planning products and supplies, but expressly prohibited abortion. To ensure its objectives, the law made it mandatory for health providers to provide information on the full range of modern family planning methods, supplies and services, for schools to provide reproductive health education, for non-governmental medical practitioners to render mandatory 48 hours pro bono reproductive health services as a condition to Philhealth accreditation, and for couples desiring to marry to attend a family planning seminar prior to the issuance of a marriage license. It also punishes certain acts of refusals to carry out its mandates. The spouses Aguiluz, both Roman Catholics, filed a petition to declare the law as unconstitutional based on, among others, the following grounds:

(a) It violates the right to life, since it practically sanctions abortion. Despite express terms prohibiting abortion, petitioners claim that the family planning products and supplies oppose the initiation of life, which is a fundamental human right, and the sanction of contraceptive use contravenes natural law and is an affront to the dignity of man.

(b) It violates the constitutional prohibition against involuntary servitude because it requires medical practitioners to render 48 hours of pro bono reproductive health services which may be against their will.

(c) It violates the Freedom of Religion, since petitioners' religious beliefs prevent them from using contraceptives, and that any State- sponsored procurement of contraceptives, funded by taxes, violates the guarantee of religious freedom.

Rule on each of the above objections. (2.5% each)

Agnes was allegedly picked up by a group of military men headed by Gen. Altamirano, and was brought to several military camps where she was interrogated, beaten, mauled, tortured, and threatened with death if she would not confess her membership in the New People's Army (NPA) and point to the location of NPA camps. She suffered for several days until she was released after she signed a document saying that she was a surenderee, and was not abducted or harmed by the military. After she was released, and alleging that her rights to life, liberty and security had been violated and continued to be threatened by violation of such rights, she filed with the Supreme Court (the Court) a Petition for the Writs of Amparo and Habeas Data with prayers for Temporary Protection Orders, Inspection of Place, and Production of Documents and Personal Properties. The case was filed against President Amoyo (who was the President of the Philippines when the abduction, beating, mauling and life threats were committed), General Altamirano, and several military men whom Agnes was able to recognize during her ordeal. The Court, after finding the petition to be in order, issued the writ of amparo and the writ of habeas data and directed the respondents to file a verified return on the writs, and directed the Court of Appeals (CA) to hear the petition. The respondents duly filed their return on the writs and produced the documents in their possession. After hearing, the CA ruled that there was no more need to issue the temporary protection orders since the writ of amparo had already been issued, and dismissed the petition against President Amoyo on the ground that he was immune from suit during his incumbency as President. Agnes appealed the CA ruling to the Court. The appeal was lodged after President Amoyo's term had ended.

(a) Was the CA correct in saying that the writ of amparo rendered unnecessary the issuance of the temporary protection order? (2.5%)

(b) Will the President's immunity from suit continue even after his term has ended, considering that the events covered by the Petition took place during his term? (2.5%)

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?

The Province of Amaya is one of the smallest provinces in the Philippines with only one legislative district composed of four municipalities: Uno, Dos, Tres, and Cuatro.

Andres, a resident and registered voter of Cuatro municipality, ran and was elected as member of the Sangguniang Panlalawigan (SP) of Amaya in the 2010 and 2013 local elections.

While Andres was serving his second term as ·sp member, a law was enacted re-apportioning the four towns of Amaya into two legislative districts: Uno and Dos comprising the First District, and Tres and Cuatro comprising the Second District.

In the 2016 local elections, Andres ran and was elected as member of the SP of Amaya representing the Second District.

Andres seeks your legal advice regarding his intention to run as a member of the SP of Amaya for the Second District in the next local elections in 2019. What will you advise Andres? (2.5%)

State whether or not the following acts are constitutional: (2% each)

(a) A law prescribing as qualifications for appointment to any court lower than the Supreme Court, Philippine citizenship, whether natural-born or naturalized, 35 years of age on the date of appointment, and at least eight years as a member of the Philippine Bar;

(b) A law requiring all candidates for national or local elective offices to be college degree holders;

(c) The designation by the President of an acting Associate Commissioner of the Civil Service Commission;

(d) The appointment by the President as Deputy Ombudsman of a lawyer who has been engaged in the practice of law for five years; and

(e) The nomination by a national party-list of a person who is not one of its bona fide members.

Ang Araw, a multi-sectoral party-list organization duly registered as such with the Commission on Elections (Comelec), was proclaimed as one of the winning party-list groups in the last national elections. Its first nominee, Alejandro, assumed office as the party-list representative.

About one year after Alejandro assumed office, the Interim Central Committee of Ang Araw expelled Alejandro from the party for disloyalty and replaced him with Andoy, its second nominee. Alejandro questioned before the Comelec his expulsion and replacement by Andoy.

The Comelec considered Alejandro's petition as an intra-party dispute which it could resolve as an incident of its power to register political parties; it proceeded to uphold the expulsion.

Is the Comelec's ruling correct? (5%)

The 2016 mayoralty race in the City of Ardania included Arnaldo and Anacleto as contenders.

Arnaldo filed a petition with the Comelec to cancel Anacleto's Certificate of Candidacy (CoC) for misrepresenting himself as a Filipino citizen. Arnaldo presented as evidence a copy of Anacleto's Spanish passport and a certification from the Bureau of Immigration (Bl) showing that Anacleto used the same passport several times to travel to and from Manila and Madrid or Barcelona.

In his Comment, Anacleto claimed that, a year prior to filing his CoC, he had complied with all the requirements of R.A. No. 9225 (Citizenship Retention and Re-acquisition Act of 2003) to reacquire his Philippine citizenship by taking an oath of allegiance and executing a sworn renunciation of his Spanish citizenship. He defended the use of his Spanish passport subsequent to taking his oath of allegiance to the Philippines as a practical necessity since he had yet to obtain his Philippine passport despite reacquiring his Philippine citizenship. Even after he secured his Philippine passport, he said he had to wait for the issuance of a Schengen visa to allow him to travel to Spain to visit his wife and minor children.

(a) Based on the allegations of the parties, is there sufficient ground to cancel Anacleto's CoC? (2.5%)

(b) In case Anacleto's CoC is properly cancelled, who should serve as mayor of Ardania City: Arnaldo, who obtained the second highest number votes, or Andrea, the duly-elected Vice Mayor of the City? (2.5%)

Two petitions for the cancellation of Certificate of Candidacy (CoC)/Denial of Due Course were filed with the Comelec against two candidates running as municipal mayors of different towns.

The first petition was against Anselmo. Years ago, Anselmo was charged and convicted of the crime of rape by final judgment, and was sentenced to suffer the principal penalty of reclusion perpetua which carried the accessory penalty of perpetual absolute disqualification. While Anselmo was in prison, the President commuted his sentence and he was discharged from prison.

The second petition was against Ambrosio. Ambrosio's residency was questioned because he was allegedly a "green card holder," i.e., a permanent resident of the US, as evidenced by a certification to this effect from the US Embassy.

Acting on the recommendations of its Law Department, the Comelec en banc motu proprio issued two resolutions granting the petitions against Anselmo and Ambrosio.

Both Anselmo and Ambrosio filed separate petitions with the Supreme Court assailing the resolutions cancelling their respective CoCs. Both claimed that the Comelec en bane acted with grave abuse of discretion amounting to lack or excess of jurisdiction because the petitions should have first been heard and resolved by one of the Comelec's Divisions.

Are Anselmo and Ambrosio correct? (5%)

In 1990, Agripina migrated to Canada and acquired Canadian citizenship.

In 2008, Agripina retired and returned to the Philippines to permanently reside in her hometown of Angeles, Pampanga. A month after returning to the Philippines, Agripina took her oath of allegiance and executed a sworn renunciation of her Canadian citizenship in accordance with R.A. No. 9225.

In 2009, Agripina filed her certificate of candidacy for Congress for the 2010 elections. Agripina's political rivals lost no time in causing the filing of various actions to question her candidacy. They questioned her eligibility to run as member of Congress. Since Agripina had to take an oath under R.A. No. 9225, it meant that she needed to perform an act to perfect her Philippine citizenship.

Hence, they claimed that Agripina could not be considered a natural-born citizen. Agripina raised the defense that, having complied with the requirements of R.A. No. 9225, she had reacquired, and was deemed never to have lost, her Philippine citizenship.

Is Agripina disqualified to run for Congress for failing to meet the citizenship requirement? (2.5%)

Ascertain the constitutionality of the following acts: (2.5% each)

(a) An investigation conducted by the Ombudsman against a Commissioner of the Commission on Audit for serious misconduct.

(b) A law prohibiting any court, other than the Supreme Court, from issuing a writ of injunction against an investigation being conducted by the Ombudsman.

(c) A law prohibiting any appeal from the decision or final order of the Ombudsman in an administrative proceeding, except through a petition for review on certiorari filed before the Supreme Court.

Under Section 6 of Article V (on Criminal Jurisdiction) of the Visiting Forces Agreement (VFA), the custody of a United States (US) personnel who becomes subject to criminal prosecution before a Philippine court shall be with the US military authorities, if the latter so requests. The custody shall begin from the commission of the offense until the completion of all judicial proceedings. However, when requested, the US military authorities shall make the US personnel available to Philippine authorities for any investigative or judicial proceeding relating to the offense with which the person has been charged. In the event that the Philippine judicial proceedings are not completed within one year, the US shall be relieved of any obligation under Section 6.

The constitutionality of Section 6, Article V of the VFA is challenged on two grounds: (1) it nullifies the exclusive power of the Supreme Court to adopt rules of procedure for all courts in the Philippines; and (2) it violates the equal protection clause to the extent that it allows the transfer of the custody of an accused to a foreign power as providing a different rule of procedure for that accused.

Rule on the challenge. (5%)

Section 9 of P.O. No. 1606, as amended, provides that the Sandiganbayan may adopt internal rules governing the allotment of cases among its divisions, the rotation of justices among them, and other matters relating to the internal operations of the court.

Section 6 of Article IX-A of the Constitution allows each of the Constitutional Commissions "en bane [to] promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules however shall not diminish, increase, or modify substantive rights."

Section 16(3) of Article VI of the Constitution states that "Each House may determine the rules of its proceedings." Section 21, Article VI of the Constitution further provides that "The Senate or the House of Representatives or any of its respective committees may conduct inquiries... in accordance with its duly published rules of procedure."

Finally, Section 3(8) of Article XI of the Constitution declares that "The Congress shall promulgate its rules on impeachment to effectively carry out the purposes of this section."

Are the rules promulgated pursuant to these provisions subject to review and disapproval by the Supreme Court? (5%)

PO1 Adrian Andal is known to have taken bribes from apprehended motorists who have violated traffic rules. The National Bureau of Investigation conducted an entrapment operation where P01 Adrian was caught red-handed demanding and taking PhP500.00 from a motorist who supposedly beat a red light.

After he was apprehended, PO1 Adrian was required to submit a sample of his urine. The drug test showed that he was positive for dangerous drugs. Hence, PO1 Adrian was charged with violation of Section 15, Article II of R.A. No. 9165 or the Comprehensive Dangerous Drugs Act of 2002.

PO1 Adrian argues against the admissibility of the urine test results and seeks its exclusion. He claims that the mandatory drug test under R.A. No. 9165 is a violation of the accused's right to privacy and right against self-incrimination.

Are PO1 Adrian's contentions correct? (2.5%)

Amoroso was· charged with treason before a military court martial. He was acquitted.

He was later charged with the same offense before a Regional Trial Court. He asks that the information be quashed on the ground of double jeopardy.

The prosecution objects, contending that for purposes of double jeopardy, the military court martial cannot be considered as a "competent court."

Should the Regional Trial Court grant Amoroso's motion to quash on the ground of double jeopardy? (2.5%)

Annika sued the Republic of the Philippines, represented by the Director of the Bureau of Plant Industry, and asked for the revocation of a deed of donation executed by her in favor of said Bureau. She alleged that, contrary to the terms of the donation, the donee failed to install lighting facilities and a water system on the property donated, and to build an office building and parking lot thereon, which should have been constructed and made ready for occupancy on or before the date fixed in the deed of donation.

The Republic invoked state immunity and moved for the dismissal of the case on the ground that it had not consented to be sued. Should the Republic's motion be granted? (2.5%)

Five foreign nationals arrived at the NAIA from Hong Kong. After retrieving their checked-in luggage, they placed all their bags in one pushcart and proceeded to Express Lane 5. They were instructed to place their luggage on the examiner's table for inspection.

The examiner found brown-colored boxes, similar in size to powdered milk boxes, underneath the clothes inside the foreigners' bags. The examiner discovered white crystalline substances inside the boxes that he inspected and proceeded to bundle all of the boxes by putting masking tape around them. He thereafter handed the boxes over to Bureau of Customs agents. The agents called out the names of the foreigners one by one and ordered them to sign their names on the masking tape placed on the boxes recovered from their respective bags. The contents of the boxes were thereafter subjected to tests which confirmed that the substance was shabu.

Can the shabu found inside the boxes be admitted in evidence against the five foreigners for the charge of illegal possession of drugs in violation of the Comprehensive Dangerous Drugs Act of 2002? (2.5%)

The police served a warrant of arrest on Ariston who was suspected of raping and killing a female high school student. While on the way to the police station, one of the police officers who served the warrant asked Ariston in the local dialect if he really raped and killed the student, and Ariston nodded and said, "Opo." Upon arriving at the police station, Ariston saw the City Mayor, whom he approached and asked if they could talk privately. The Mayor led Ariston to his office and, while there in conversation with the Mayor, Ariston broke down and admitted that he raped and killed the student. The Mayor thereafter opened the door of the room to let the public and media representatives witness Ariston's confession. In the presence of the Mayor, the police and the media, and in response to questions asked by some members of the media, Ariston sorrowfully confessed his guilt and sought forgiveness for his actions.

Which of these extrajudicial confessions, if any, would you consider as admissible in evidence against Ariston? (5%)

Two police teams monitored the payment of ransom in a kidnapping case.

The bag containing the ransom money was placed inside an unlocked trunk of a car which was parked at the Angola Commercial Center in Mandaluyong City.

The first police team, stationed in an area near where the car was parked, witnessed the retrieval by the kidnappers of the bag from the unlocked trunk. The kidnappers thereafter boarded their car and proceeded towards the direction of Amorsolo St. in Makati City where the second police team was waiting.

Upon confirmation by radio report from the first police team that the kidnappers were heading towards their direction, the second police team proceeded to conduct surveillance on the car of the kidnappers, eventually saw it enter Ayala Commercial Center in Makati City, and the police team finally blocked it when it slowed down. The members of the second police team approached the vehicle and proceeded to arrest the kidnappers.

Is the warrantless arrest of the kidnappers by the second police team lawful? (5%)

President Alfredo died during his third year in office. In accordance with the Constitution, Vice President Anastasia succeeded him. President Anastasia then nominated the late President Alfredo's Executive Secretary, Anna Maria, as her replacement as Vice President. The nomination was confirmed by a majority of all the Members of the House of Representatives and the Senate, voting separately.

(a) Is Anna Maria's assumption as Vice President valid? (2.5%)

(b) Can Anastasia run as President in the next election? (2.5%)

Andreas and Aristotle are foreign nationals working with the Asian Development Bank (ADS) in its headquarters in Manila. Both were charged with criminal acts before the local trial courts.

Andreas was caught importing illegal drugs into the country as part of his "personal effects" and was thus charged with violation of Comprehensive Dangerous Drugs Act of 2002. Before the criminal proceedings could commence, the President had him deported as an undesirable alien. Aristotle was charged with grave oral defamation for uttering defamatory words against a colleague at work. In his defense, Aristotle claimed diplomatic immunity. He presented as proof a communication from the Department of Foreign Affairs stating that, pursuant to the Agreement between the Philippine Government and the ADS, the bank's officers and staff are immune from legal processes with respect to acts performed by them in their official capacity.

(a) Can the President's act of deporting an undesirable alien be subject to judicial review? (2.5%)

(b) Is Aristotle's claim of diplomatic immunity proper? (2.5%)

-NOTHING FOLLOWS-

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Essays on Sand

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