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Philippine Bar review · Question

Practice question: Calling Out Powers

Multiple Choice Medium Jurisprudence

Practice question

Soldiers assist a lawful joint patrol. Police officers direct the deployment and no soldier is appointed or enlisted into the PNP. An objection claims that military assistance necessarily appoints every assisting soldier to a civilian office. Under IBP, what is correct?
  1. Assistance under the described arrangement does not itself establish appointment to a civilian position
  2. Every patrol assignment changes the soldier’s public office automatically
  3. The police become an army unit automatically
  4. No military assistance to civilian authorities can ever be lawful
  5. The objection is resolved solely by the soldiers’ uniforms

Legal references

  • IBP v. Zamora, G.R. No. 141284, August 15, 2000, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/36338
  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article XVI, Section 5(4).

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