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VVocatus · Bar Exam Practice

Political Law, 2016 Bar — Question VIII-B

Political Law
2016 BarPolitical LawQ. VIII-B

QUESTION

A law is passed intended to protect women and children from all forms of violence. When a woman perceives an act to be an act of violence or a threat of violence against her, she may apply for a Barangay Protection Order (BPO) to be issued by the Barangay Chairman, which shall have the force and effect of law. Conrado, against whom a BPO had been issued on petition of his wife, went to court to challenge the constitutionality of the law. He raises the following grounds: (b) The grant of authority to the Barangay Chairman to issue a Barangay Protection Order (BPO) constitutes an undue delegation ofjudicial power, because obviously, the issuance of the BPO entails the exercise of judicial power. (2.5%) Rule on the validity of the grounds raised by Conrado, with reasons.

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