POLITICAL International TAX Law - BAR Nov 2022 - Dean Joe-Santos Balagtas Bisquera SUGGESTED ANSWERS

BILL of RIGHTS - WARRANTLESS ARREST & Seizure, Offense with FINE as Penalty not meriting Arrest - NO DOUBLE JEOPARDY, Criminal Acquittal done in Grave Abuse of Discretion - Procedural DUE PROCESS, no Violation when Position Paper(s) & Public Hearings are dispensed with - EQUAL PROTECTION Clause, K-12, exercise of POLICE POWER, Valid Classification on gifted Students who can learn faster - Freedom of SPEECH & ASSEMBLY, Public Place versus Freedom Park versus Private Lot, Mayor's Permit only for Rallies in Public Places, presence of CLEAR & PRESENT DANGER - MARTIAL LAW, Writ of Habeas Corpus, Warrantless Arrests;
CONGRESS - Treaty Ratification, RESOLUTION vs. Bill, Resolution for Advice & Concurrence;
EXECUTIVE Department - President's EMERGENCY Powers, Private Utilities, Hospitals - COMMUNIST MATERIALS in Libraries, exercise of POLICE POWER, Academic Freedom.
JUDICIARY - FISCAL AUTONOMY & Independence, Rules of Pleadings, Practice & Procedure, including FILING Fees, exclusively for the Supreme Court, Government-owned and controlled Corporations to pay Filing fees;
LOCAL GOVERNMENT - OUTDOOR ADVERTISING as Public Nuisance, confiscation of Private Property needing Just Compensation - Local ORDINANCE expands National Stature, no conflict;
CITIZENSHIP - Status as a FILIPINO CITIZEN by reason of having a FILIPINO Mother, American Citizenship not personally applied for but the secured by American Father;
INTERNATIONAL LAW - Territorial Sea (12 nautical miles) + CONTIGUOUS ZONE (12 nautical miles) - Archipelagic States, United Nations Convention of on the Law of the Sea (UNCLAS), Territorial and Court Jurisdiction;
TAXATION - BENEFICIAL USE vs Ownership, REAL PROPERTY Tax, Properties of Exempt Government Hospital for Lease to taxable entities..

[@dindomadeja8912]

I really appreciate you Atty Dean for all the videos you uploaded in KZbin. You made us, who love studying law, inspired to continue learnin it outside the formal way because of our financial situation, though we really wanted the formal way. I really learned a lot, learnin it thru those awesome videos you uploaded to KZbin. I really struggled in my few months understandin it. But because of my perseverance, I now improved. I am just like you who has a heaart problem, but this cannot stop me lovin it. Thank you so much Atty Dean Bisquera❤️❤️❤️. I am praying that God will provide you and your wife more years of healthy life for you to continue uploading video lessons about law.

[@joesantosbbisquera]

Thank you Dindo for those kind words. We all deserve to know and learn the Law. Entry into Law School should not stop us from proceeding with getting hold of the Law. Who knows, one day, BAR Exams as a Gate Pass to become a Lawyer may dispense with a Diploma from a Law School provided one can pass the BAR Exams. My innovative approach to getting our fellow Filipinos to learn to love is my humble way of showing how proud I am to be a Filipino. Again, thank you for your kind words. You take care of your heart, shield yourself from STRESS and overeating, heh heh. Regards, your friend Dean Joe.

[@marialilibethdellonardo8887]

Thank you very much Dean Bisquera for sharing your knowledge in Political Law..❤..God bless you always in health!🙏❤🙏

[@michaelrey8328]

Hello Dean idol, hoping po na madami ka pang lectures dito sa youtube page mo po soon. Malaking tulong po ito, lalo na sakin na nag seself review lang po, for the incoming September Bar. God bless Dean 🙏

[@deliacedo1729]

I plan to take the bar exam for the second time if you Atty Dean will be my Reviewer.

[@roniedaligdig1611]

Thank you for this very informative discussion of the recently concluded bar exam, Dean. I wish I could be as accurate and precise as your response because, despite my interest in the subject and our Professor's mastery of the subject, I find it extremely difficult to deal with Political Law. Salute.

[@joesantosbbisquera]

Political Law is essentially the Constitution, the foundation for ALL the other Subjects. The Constitution, despite its length, has only two (2) Substantive Parts. The most important is the BILL of Rights, where the Filipino defined as the Sovereign Power their RIGHTS which they never gave up to their Government. You need to master the most fundamental Rights - DUE PROCESS of Law, Equal Protection Clause, the Rights of the Accused, Freedom of Speech and of Assembly, Freedom of Religion. The 2nd Important Part is the Structure of Government - LEGISLATIVE, EXECUTIVE and Judiciary. Remember the Principle of SEPARATION of SOVEREIGN Powers among the three (3) Branches - Legislative is the PEOPLE's Policy Formulation in the Laws enacted; the Executive implements using the POLICE Power and guided by the GENERAL WELFARE Clause; the Judiciary that interprets how the Will of the Sovereign People are correctly expressed in the Constitution, to be implemented with the enacted Laws. Good luck in your study of Law, especially when you are part of the Uniformed Class of our Society. You manifest the MUSCLE of our People's Sovereign Will, offering your life to accomplish that, in the line of your duty.

[@roniedaligdig1611]

@@joesantosbbisquera All of this has been noted, Dean. It is very encouraging to receive a response from someone you admire and find inspiration in your legal studies. Thank you for your reply, Dean. I will reread the books and cross-reference them to better understand the Constitution. Thank you, Dean, for this upload. Dean, you are correct. I belong to the uniformed service, and I really intend to study law for one reason: to better uphold the sanctity of human rights. Of all rights, I understand it is the most important. SALUTE

[@joesantosbbisquera]

I am sure, with a little improvement in perspective, you will start loving Political Law. Remember, the Constitution is the foundation for all the Concepts across the fields of LAW. It is POLITICAL Law that provides the structure on what the Constitution is. To simplify, the Constitution has only two (2) major components - (1) sacred compilation of our HUMAN Rights, enshrined in the Bill of Rights, which we never surrendered to the Government, as the PEOPLE component; and (2) the structure of Government. When you run through all the Constitutional Provisions, they are mainly divided between these two (2) Pillars. When you get to appreciate that, then POLITICAL Law becomes so exciting. The BILL of RIGHTS enshrined the Concept that the WELFARE of the PEOPLE, is the Supreme LAW. "SOLUS POPULI EST SUPREMA LEX". That essentially drives the RIGHT of every PERSON, be it in his dealing with his fellow Filipino (CIVIL Law), his demand to keep the Peace and tranquility of his. Family and community (CRIMINAL Law), his dealings as a Businessman (COMMERCIAL Law), his expected fair treatment as an EMPLOYEE (LABOR Law), his burden of shouldering the Cost of running his country (Taxation) and the procedure(s) needed in order to uphold his rights by the Rule of Law (PROCEDURAL REMEDIAL LAW). When you come to Political Law with that structural framework, I am sure you will achieve strength and LIKING for Political Law. Regards, your friend Dean Joe

[@necototus3333]

Thank you Dean. Happy New Year.

[@joesantosbbisquera]

Happy new year!

[@deliacedo1729]

By the way, i took my first bar exam in 1987... i plan to start asap my self review . How can i secure copies of lectures, videos, jurisprudence, and answers to bar questions for years 2020, 2021 and latest 2022 that will be useful for my self review ...i want to start as early as today that's why i am now reading your tips for the Bar...i am interested to get copies and may i know how. Thank you sir.

[@franzsumangil1549]

Hello Dean. In number 15, is it not that the problem was based on the actual case of Philippine Heart Center vs. Quezon City, G.R. No. 225409, March 11, 2020. In this case which has the same facts as that in the problem, the Court ruled that the Republic and its instrumentalities, including a government hospital, retain their exempt status despite leasing out their properties to private individuals. The fact that a government hospital was short of alienating its properties to private parties in relation to its mandate does not divest of its exemption from levy. Applying that ruling in the problem, PMC shall not be held liable for Real Property Tax because it is a government instrumentality, thus, exempt from paying the Real Property Tax. However, the said properties are still subject to RPT but the same can be demanded from the beneficial users thereof.

[@joesantosbbisquera]

You are right Atty. Franz. With that Answer, you deserve to pass that tough November 2022 BAR Exams. Send me word when you make it.