MCQ - Constitutional Law Review

8/2/2019 MCQ - Constitutional Law Review

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MOCK BAR EXAMINATION QUESTIONS IN

POLITICAL LAW

1. Which of the following public official can exercise the DOCTRINE OFAUGMENTATION:

a Presiding Justice of the Sandiganbayanb Solicitor Generalc COA Chairmand Senate majority floor leadere none of the above

2. All BILLS must pass three (3) readings:

a Trueb True, on separate daysc False

d False, only two (2) readingse None of the above.

3. The power of the President to appoint carries with it the power to remove:

a trueb true, on non-career positionsc true, on career positionsd true, on both career and non-career positionse false

4. Which of the following cannot be changed by an ordinary law enacted by Congress:

a Opening of the regular session of Congress;b Date of the regular election for President and Vice President;c Regular election of the members of Congress;d Commencement of the term of office of Senators;e All of the above.

5. Which of the following is constitutionally required when the Supreme Court renders aDecision?

a. presence of the majority membersb. deliberation

c. facts and the law where the decision shall be basedd. consultatione. concurring and dissenting opinions

6. A doctrine or principle of law may be modified or reversed by the Supreme Court.

a Trueb Falsec True, only by the Court sitting En Bancd True, even by the Court sitting in Divisione None of the above

7. Lower courts, collegiate courts and the Supreme Court should decide cases within itsjurisdiction within:

a 3 months, 9 months and 24 months respectivelyb 9 months, 12 months and 18 months respectivelyc 3 months, 12 months and 24 months respectivelyd 9 months, 12 months and 24 months respectivelye 3 months, 18 months and 24 months respectively

8. The following are the requisites of a judicial inquiry: except:

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a question raised by a proper partyb declaration of the court of unconstitutionalityc raising the question on the earliest possible opportunityd actual case or controversye constitutional question is the lis mota of the case

9. Which of the following is not qualified to be a political party?

a foreign organizationb organization with unlawful purposec non-believer of the Constitutiond religious secte all of the above

10. Permanent personnel of the government can be suspended or dismissed.

a True, only for a cause;

b True, after a preventive suspension;c True, after administrative investigation;d A and B;e A and C.

11. Any of the following may propose amendment to the Constitution except:

a a constitutional convention called 2/3 vote of all its members of Congressb a petition representing 12% of the nations registered voter wherein each

legislative district is represented by 3%c vote of all the members of Congressd a petition representing 12% of the nations registered voter wherein each

legislative district is represented by 5%e all of the above

12. Under the fundamental principles and policies of the State, which of the followingstatement is FALSE:

a Municipal law is superior than international law;b Recognition of the superiority of women with men;c Non-encroachment of the government on purely ecclesiastical activities;d Indigenous communities are recognized;e Civilian authority is always supreme over the military.

13. The Congress is mandated by the Constitution to vote jointly and obtain the majorityvote of all its members in case of:

a confirmation of the Presidents nomination of a Vice Presidentb concurring with the Presidents grant or amnestyc revocation of the Presidents declaration of Martial Lawd granting tax exemptione none of the above

14. Which of the following statement is true?

a Amendments may still be made after the 3rd reading of a bill

b Both the Senate and the House of Representative shall have a joint journal.c gerrymandering is allowed under the 1987 Constitutiond A member of Congress may be arrested for any crime committede none of the above

15. The three inherent powers of the state are always integral parts of the Constitution.

a Trueb False, because the 3 inherent powers of the state are not always integral parts

of the Constitutionc False, because they are not always present in the Constitution

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d False, because they are not always present in the Statee None of the above.

16. The Constitution is the basic and paramount law of the land.

a True

b False, because it is not basic lawc False, because it is not only law of the land but also law of the sead False, because it is not at all importante None of the above

17. Appeal is part of our due process.

a Trueb False, because it is not part of due processc False, it is merely a statutory rightd False, because appeal must be so provided in the Constitution to be part of

due process

e None of the above

18. There are two steps in the amendments of our Constitution.

a Trueb False, because there are many other steps

c False, because judicial review is the 3rd stepd False, because the Court may also provide another stepe None of the above

19. By actual case as requisite of judicial inquiry is meant a case that can never bedismissed on mere technicality.

a Trueb False, because any case is enoughc False, because even an opinion or consulta complies with the requirementsd False, because actual case is not at all necessarye None of the above

20. Only the government and its agencies can exercise the power of eminent domain.

a Trueb False, because private entities may also exercise the powerc False, because not all government agencies can exercise the power

d False, because even government agencies need specific authority to do soe None of the above

21. The death penalty by lethal injection law is unconstitutional for being contrary to Sec.19 (1) of Art. III of the Constitution.

a Trueb False, because death sentence is not included in the enumeration of the said

sectionc False, because killing is not crueld False, because killing is not degradinge None of the above

22. The police power of the state is naturally exercised by the police only.a Trueb False, because it is exercised by the National Legislature, the President and

local lawmaking bodies including barangay councilsc False, because the police does not exercise the police powerd False, because police power is outside the authorities of the policee None of the above

23. A lotto operator cannot be stopped in his operation until the expiration of his license

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or franchise.

a Trueb False, because he can be stopped by the police anytimec False, because it depends on his budget for the police.d False, because it depends upon the policy as determined by the State

e None of the above

24. In the exercise of the power of eminent domain, the applicant can use property onlyafter its ownership is transferred to him.

a Trueb False, because it takes time before ownership is transferredc False, because the applicant does not acquire ownershipd False, because applicant has to wait for the owner to yield the propertye None of the above.

25. Double taxation is Constitutional.

a Trueb False, because it is unconstitutionalc False, because it is illegald False, because the Constitution does not allow double taxatione None of the above

26. Life as used in the due process clause of the Constitution refers only to the naturallife of a natural person.

a Trueb False, because it refers not only to natural life but even artificial life.

c False, because it also refers to the natural life of artificial persons.d False, because life refers to the physical life of a natural person.e None of the above

27. Right to be heard as a requirement of due process means that without having beenheard, a party is denied due process

a Trueb False, because it is enough that he is given chance to be heardc False, because hearing refers to literal meaning onlyd False, because it is meaningless without actual presentation of his sidee None of the above

28. Determination of probable cause must be made personally by the judge based on hispersonal examination of complainant and his witnesses.

a Trueb False, because determination of probable cause maybe made by anybodyc False, because it may be made not personally by the judged False, because the judge may rely on the examination by the Fiscale None of the above

29. Articles illegally seized under Art. III, Sec 3 (2) of the Constitution are not admissibleas evidence in all proceedings.

a True except that may be admissible if the case is against the party who madethe illegal seizure.

b False, because illegally seized articles may be admissible on a case to casebasis

c False, because the court may decide to admit the articlesd False, because it depends upon the degree of the illegality of seizuree None of the above

30. Arrest maybe made only if there is a warrant of arrest.

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a Trueb False, because person arresting may not be authorized even in the presence of

warrant of arrestc False, because there are instances when arrest can be made despite the

absence of warrant of arrest.d False, because arrest depends on many factors

e None of the above

31. The integration of all lawyers into one Bar Association known as IBP is violative ofthe Constitutional Right of a person to associate with people of his choice.

a Trueb False, because integration does not compel a person to associate with persons

not of his own choicec False, because a person may not even associate with the other lawyers by not

attending their meetingsd False, because what is needed is the payment of his annual dues and not his

attendance in meetings

e None of the above

32. Ex-post facto law is always disadvantageous to the accused.

a Trueb False, because not all ex-post facto laws are disadvantageous to the accusedc False, because there are some good ex-post facto lawd False, because an accused may not be adversely affected by an ex-post facto

lawe None of the above

33. There is no instance when the writ of habeas corpus is suspended.

a Trueb False, because sometimes the writ of habeas corpus is suspendedc False, because the writ and privilege of habeas corpus maybe suspendedd False, because it is only the writ of habeas corpus that is suspendede None of the above

34. The Supreme Court cannot inquire into the factual basis for the declaration of MartialLaw because the President has better information upon which the declaration wasbased.

a True

b False, because the information of the President are not accuratec False, because the information of the President maybe incompleted False, because the Supreme Court may have better information than that of the

Presidente None of the above

35. Once a court fails to decide a case within a period fixed by the Constitution, the casemaybe dismissed for lack of jurisdiction.

a Trueb False, because the Court does not lose jurisdiction over the casec False, because nobody can compel the judge to decide the case

d False, because the case can proceed without prejudice to sanctions againstthe judge

e None of the above

36. A Filipino man who secured an ecclesiastic divorce from his wife and then marriedanother in a Civil Ceremony cannot be prosecuted for bigamy.

a Trueb False, because separation of church and state does not prevent prosecution for

bigamy

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c False, because he did not wait for sufficient time to lapsed False because of religious freedome None of the above

37.The PRA convict who survived the 1st lethal injection due to his strong bodyconstitution can no longer be injected a second time without violating his right to due

process and against double jeopardy.

a Trueb False, because the facts do not consist double jeopardy or violations of due

process

c False, because nobody can stop the 2nd injectiond False, because it would depend on whose fault was it that the 1st injection did

not accomplish the purposee None of the above

38. After waiving his right to counsel, an LLB graduate handled his defense for murderbut during his appeal, he argued that his waiver was invalid.

a Trueb False, because his waiver was validc False, because his waiver did not comply with the requirementsd False, because he can no longer question his waivere None of the above

39. In naturalization cases, a decision granting three petition shall become executoryafter 2 years only although it becomes final after 30 days after notice.

a Trueb False, because finality and executoriness always occur at the same time

c False, because 2 years for the decision to become a executory is too long aperiod

d False, because just like any other decision, the decision should become finalafter 15 days

e None of the above

40. Trial in absentia is always conducted every time the accused is absent.

a Trueb False, because trial in absentia is not always conducted during the absence of

the accusedc False, because it is not proper

d False, because it depends upon the prosecutore None of the above

41. During custodial investigation, a suspect is entitled to services of counsel, whichcannot be waived.

a Trueb False, because the suspect may waive the services of counselc False, because a counsel may not be needed during the custodial investigationd False, because waiver of counsel is never allowede None of the above

42. During preliminary investigation before the prosecutor, the service of counsel is not

waivable.

a Trueb False, because waivablec False, because services of counsel are not neededd False, because weather or not the services of counsel are waivable depends

upon the investigatore None of the above

43. Which of the following is not a doctrine in Administrative Law:

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a Doctrine of Qualified Political Agency;b Doctrine of Exhaustion of Administrative Remedies;c Doctrine of Prior Resort;d Doctrine of Necessary Implication;e None of the above.

44. Which of the following is not a source of Administrative Law:

a Constitutional or statutory enactments creating administrative bodies;b Decisions of courts interpreting the charters of administrative bodies and

defining their powers, rights, inhibitions, among others, and the effects of theirdeterminations and regulations;

c Rules and regulations issued by the administrative bodies in pursuance of thepurposes for which they were created;

d Determinations and orders of the administrative bodies in the settlement ofcontroversies arising in their respective fields;

e None of the above.

45. Which of the following is not included in the definition of the Government of theRepublic of the Philippines?

a Autonomous regions;b Local government units;c State universities and colleges;d Government-owned and controlled corporations performing proprietary

functions;e None of the above.

46. Which of the following is not descriptive of a government instrumentality?

a An agency not integrated within the department framework;b An agency vested by law with special functions or jurisdiction;c An agency endowed with some, if not all, corporate powers;d An agency enjoying operational autonomy, usually through a charter;e None of the above.

47. Which of the following is not a requisite of a valid administrative regulation?

a Its promulgation must be authorized by the legislature;b It must be within the scope of the authority granted by the legislature;c Its promulgation must be in accordance with the prescribed procedure;

d It must not be unreasonable;e None of the above

48. State which administrative regulation need not be published.

a Interpretative regulationb Legislative regulationc Contingent regulationd Supplemental regulatione None of the above

49. Which statement is not correct?

a An administrative agency vested with the power to investigate is considered aquasi-judicial agency;

b Res judicata applies to decisions of administrative agencies only if saiddecision was rendered in the exercise of its quasi-judicial power;

c The power of contempt is not inherent in administrative bodies vested withquasi-judicial power;

d Prior notice and hearing is mandatory when an administrative agency isengaged in the exercise of its quasi-judicial power;


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a Failure to observe the doctrine of primary jurisdiction is a ground to dismiss thecase based on jurisdictional ground;

b Failure to observe the doctrine of exhaustion of administrative remedies is a

ground to dismiss the case on the ground of lack of cause of action;c Non-exhaustion of administrative remedies as a ground to dismiss the case

may not be waived;d All of the abovee None of the above

51. Which of the following is not an exception to the doctrine of exhaustion ofadministrative remedies?

a If the question involved is purely legal;

b If the administrative agency is in estoppelc If the amount involved is small;

d Quo warranto proceeding;e None of the above.

52. Which of the following is not a proper characteristic of public office?

a Public office is a public trust;b Public office is not a hereditary possession;c Public office may be a subject of a contract;d Public office is not protected by the due process clause of the Constitution;e None of the above.

53. State who among the officials listed below shall be appointed by the President and

whose appointment shall require confirmation by the Commission on Appointments:

a Commissioner of Internal Revenueb Associate Justice of the Supreme Court;c Chairman of the NLRC;d Director General of the PNP;e None of the above.

54. State who among the officials listed below shall be appointed by the President andwhose appointment shall not require confirmation by the Commission onAppointments:

a Commissioner of the Securities and Exchange Commissionb Brigadier General of the Philippine Armyc Charges d affaires to a foreign countryd Secretary of the Department of Environment and Natural Resourcese None of the above

55. Which of the following is not correct?

a A regular appointment is one made by the President when Congress is insession;

b A regular appointment shall not take effect immediately;c One who is appointed by the President when Congress is in session may

assume office immediately;d Ad-interim appointments and regular appointments shall require confirmation

by the Commission on Appointmentse None of the above

56. Which of the following may be validly enacted by Congress?

a A law prohibiting person who did not finish high school from voting;b A law disqualifying one who did not finish a course or profession in college to

run for President;

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c A law prohibiting a member of a particular religious sect from being elected orappointed to any government office;

d A law limiting the choice of the person to be appointed by the President to justone person;

e A law disqualifying one afflicted with a communicable disease from beingappointed or elected to a public office until said disease has been treated;

57. Which position below does not belong to the non-career service?

a Primarily confidential position;b Highly technical position;c Elective officials;d Contractual employees;e None of the above.

58. The law on nepotism is directed against:

a Midnight appointments;

b Appointment of relatives;c Appointments made for the purpose of buying votes;d Ad-interim appointments;e None of the above.

59. Which of the following appointments may be considered valid?

a Appointment of a governor to another position in the government during histenure;

b Appointment of a Congressman to a cabinet position;c Appointment of an RTC Judge within two months before the next presidential

election;

d Appointment of a Senator to an office created during his term as such;e Appointment of a member of the Cabinet as concurrent member of the GSIS

governing board.

60. Which of the following has no original jurisdiction over administrative disciplinarycases involving public officers and employees?

a Chief of office or bureau;b Ombudsman;c Civil Service Commission;d Local Chief Executive;e None of the above.

61. Which statement concerning appeal in civil service administrative cases is notcorrect?

a Appeal is not a constitutional right;b One found guilty of an administrative infraction may appeal only if the penalty is

dismissal, demotion, suspension from office for more than 30 days, or a fineequivalent to more than 30 days salary;

c One found guilty administratively may not appeal if the penalty imposed issuspension from office for not more than 30 days, or a fine equivalent to notmore than 30 days salary;

d No appeal lies if the respondent in an administrative disciplinary case is

exonerated;e None of the above


a Preventive suspension is not a penalty;b An indefinite preventive suspension is not allowed as it constitutes denial of

due process;c One who had been placed under preventive suspension may be pardoned by

the President;

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d Preventive suspension may arise as an incident in a criminal or administrativecase;



a Pardon may mean forgiveness, but not forgetfulness;b Pardon looks back and erases whatever shade of guilt there was;c What was remitted insofar as the grant of pardon is concerned is the penalty

imposed so that the convict may no longer serve the sentence imposed onhim;

d One who has been granted absolute pardon may not be validly reinstated inthe service;


64. Which of the following is not a constitutional ground for the Vice President to assumethe presidency?

a Death of the President;b Permanent incapacity of the President;c Removal from office of the President;d Withdrawal of support of the AFP and the PNP to the President;e Resignation of the President.

65. Which of following is not governed by our election laws?

a Regular elections;b Plebiscite;c Referendum;d Recall;


66. Which of the following organizations or coalitions may be properly registered as apolitical party?

a The Iglesia Ni Cristo;b The Communist Party of the Philippines;c A political party financially supported by European Social Democrats;d The El Shaddai;e None of the above.

67. The lone Candidate Law (R.A. No. 8295) applies:

a In local elections only;b In national elections only;c In regular elections only;d In special elections to fill a vacancy only;e In special elections for President and Vice-President only.

68. Which of the following statement is not correct?

a A candidate is one aspiring for a public office and who validly files a certificateof candidacy in an election;

b It is the ministerial duty of an election official to receive and acknowledge

receipt of the filing of certificate of candidacy by any person in an electioneven if he knows personally that the person filing is disqualified;

c A person can only file a certificate of candidacy for one office in an election;d The COMELEC may motu proprio cancel the certificate of candidacy of a

nuisance candidate;e None of the above

69. Which of the following does not fall under the exclusive jurisdiction of theCOMELEC?

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a Pre-proclamation cases;b Election protest involving elective municipal officials;c Petition to declare failure of elections;d Petition to declare a candidate a nuisance candidate;e Petition to disqualify a candidate on the ground of material representation as to

any statement of fact in his certificate of candidacy.

70. Which of the following disqualification case may not be properly availed of before theelections?

a Quo warranto petition;b Petition to declare a candidate a nuisance candidate;c Petition to disqualify on the ground of material representation as to any

statement of fact in a candidates certificate of candidacy;d Petition to disqualify on the ground of vote-buying and terrorism;e None of the above

71. Which of the following is not a proper issue that may be raised in a pre-proclamation

case?

a Ballot box snatching;b Illegality in the composition and proceedings of the Board of Canvassers;c Election returns were prepared under duress, threat or intimidation;d Election returns were obviously manufactured or not authentic;e None of the above


a An election contest is imbued with public interest;b An election protest may be heard summarily;

c An election contest may not be dismissed if the protestant or the protesteedies;

d An election protest may be filed only if a candidate has already beenproclaimed;

e None of the above

73. Which of the following does not constitute an election offense?a Vote buying;b Willful refusal to register and vote;c Engaging in an election campaign one day before the election;d Possession of a duly licensed firearm 500 meters from any voting center on the

day of elections;

e None of the above

74. Which of the following is a purpose of local autonomy?

a identical with decentralization

b to prevent local government units from over dependence on the centralgovernment

c administrative autonomy of local government unitsd all of the above

75. The theoretical basis of recall as mode of removing elective local governmentofficials is:

a It is complementary to the right to elect;b It is included in the right of suffrage;c Based on the theory that the electorate must maintain direct and elastic control

over public functionaries;d Predicated on the theory that public office is a burdened with public interest;e All of the above.

76. The effect of the conversion of sub-provinces to provinces is:

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a The new legislative district will not continue to be represented in Congress;b Any vacancy in local positions will be filled through election;c All qualified appointive officials and employees shall be removed;d All of the above;e None of the above.

77. Recall takes effect:

a Upon filing of the petition by all the residents.b Upon the proclamation of the results by the COMELEC.c Upon the election and proclamation of the successor who received the highest

number of votes cast during the election on recall.d All of the above.e None of the above.

78. The maximum period for the imposition of preventive suspension on localgovernment officials is:

a not to exceed sixty daysb not to exceed ninety daysc no limit especially if the charges are multipled none of the above

79. On June 5, 1995, a Korean company named Samsung Electronics registered in theExport Processing Zone of Baguio City as a manufacturer of microchips in a onehectare factory lot. However, before it was granted license to operate, the City ofBaguio required Samsung to pay contractors tax in the construction of theirwarehouse and tax on imported microchips as well as export tax and real estatetaxes. The City of Baguio acted correctly in collecting:

a all of the taxesb contractors tax and export taxc real estate taxes onlyd none of the above

80. The stage constructed during the town fiesta collapsed and caused the death of aperson. If sued for damages may the Sangguniang Bayan members plead that theyare not liable?

a NO, because of the principle of respondent superior;b NO, because the celebration of the town fiesta is proprietary activity which can

be the basis of an action for damages;

c Both A & B;d A onlye None of the above.

81. Totoy Tapang seeks to compel the City of Pagadian to construct a new street, or indefault thereof, to pay him damages. This is so because it appears that in a Deed,the then Gobernadorcillo, Miguel Legaspi, granted a parcel of land owned by thenational government to the City of Pagadian under the express condition thatsaid land shall be used solely for public streets. The City subsequently sold thesame to Boy Yasay and used it for commercial purposes. Totoy Tapang is of theview that the City did not comply with the conditions imposed in the terms of theDeed, hence, he as a motorist and taxpayer, suffered damages and the City

must be held liable for failure to construct the street. Totoy Tapang is not correctbecause:

a because the City is not liable for failure to construct a road because this isdiscretionary on its part.

b Because there is grave abuse of discretion on the part of the City in selling theland and that its acts were ultra vires.

c because he has no personality to question the act of the City.d None of the above.

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82.Resolution No. 23 of the City of Pasig authorized the partial closing of Rizal St. (anunused but wide, dead-end street) so it can be leased as a wet market. It wasapproved unanimously by the City Council and signed by the Mayor and the ViceMayor. However, one of the residents therein challenged said resolution as invalid.If you were this resident who challenged it, what is your best argument or ground:

a This cannot be done because what has been devoted to public use can nolonger be devoted to another public use;

b Public use cannot be bargained away through the medium of a contract oragreement;

c This could not be done by a mere simple resolution but it must be done throughan ordinance;

d All of the above;e None of the above.

83. It is prohibited for lawyers to appear before the Lupon Tagapamayapa because:

a It is expressly provided for by law;b Most likely, there will be no settlement as lawyers tend to be too

confrontational;c To speed up the disposition of cases before the barangay in a friendly manner;d Only a and b;e All of the above.

84. This provides that the jurisdiction of the International Court of Justice in notmandatory but subject to the consent of the parties.

a domestic jurisdiction clauseb calvo clause

c optional jurisdiction claused compromissary clausee none of the above

85. Principle which provides that aliens must be treated in accordance with theinternational standard of justice.

a doctrine of equality of treatmentb calvo clausec doctrine of state responsibilityd doctrine of double criminalitye none of the above

86. Which of the following is a basic principle of extradition?

a rule of double criminalityb based on treaty or agreementc principle of specialtyd principle of territorialitye all of the above

87. Legal principle which justifies the non-performance of the terms and conditions of atreaty.

a damnum absque injuria

b pacta sunt servandac jure gestionisd rebus sic stantibuse none of the above

88. It is the function of the United Nation General Assembly which relates to thereformation or amendment of the United Nation Charter

a financialb deliberative

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c electived constituente supervisory

89. State has jurisdiction over all person and property within its territory except:

a. person exempted under treatiesb. foreign state propertiesc. foreign head of stated. foreign merchant vessele. all of the above

90. Which of the following is not related to the appointment of a diplomatic envoy?

a. letter of credenceb. aggregationc. appointment in accordance with the local law of the sending stated. exequatur

e. none of the above

91. It is a prohibition as to the use of any measure absolutely not necessary for thepurpose of war.

a postliminiumb principle of humanityc genocided principle of chivalrye none of the above

92. Municipal law in superior than International law

a trueb falsec true, if raised in a local tribunald true, if raised in an international tribunale none of the above

93. Under the United Nations Conference of the Law of the Sea, the extent of thecontiguous zone is:

a 3 nautical miles from the lowest water rankb 12 miles from the outer limitsc 12 miles from the lowest water rank

d 200 miles from the outer limitse none of the above

94.BS Lim was born on April 20, 1974 of Taiwanese father and Filipino mother inManila. According to the laws of Taiwan, a woman marrying a Taiwanese husbandshall follow the citizenship of the husband upon marriage. In 1998, BS Lim went tothe United States and became a naturalized American. In January 2003, he returnedto Manila and applied for repatriation which was approved by the Special Committeeon Naturalization on May 4, 2003. He then registered as a voter and on January2004, he filed his certificate of candidacy as a congressman in the 1 st district of theCity of Manila.

a. BS Lim is not qualified to run for congressman because his repatriation as aFilipino is not valid for he was never a Filipino from birth.

b. BS Lim is not qualified because even assuming that his repatriation as Filipinowas valid, he is not a natural-born citizen.

c. BS Lim is qualified because he is a natural-born citizen and has all the otherqualifications required for a candidate for congressman

d. BS Lim is qualified provided nobody will file a petition fora disqualification.

e. None of the above.

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95. AL Tan is a Chinese national who migrated to the Philippines in 1973. In 1995, heapplied for and was granted a Certificate of Naturalization. As a naturalized Filipinocitizen, what cannot he do?

a. To register as a voter in the place of his residenceb. To file his certificate of candidacy as governor

c. To be elected as a President of media corporationd. To accept an appointment as an RTC Judgee. None of the above

96. Assuming that the CSC denied the petition of the teachers concerned, they thenformed a union and thereafter staged a strike, voicing out their claims and fighting fortheir cause as workers-employees of Department of Education. In their strike theyalso cried for salary increases. Can these teachers stage a strike?

a. Yes. Since the Constitution recognizes their right to form unions associations ofsocieties, even if they are employed in the public sector, they can stage a strikeas strike is the necessary consequence of forming such associations.

b. Yes, because the right to form associations includes therein the right to strike.c. Yes, because the right to strike is part of the freedom of speech and expression,

or the right to assemble and petition the government to redress of grievances.d. No. Although government officials have the right to form unions, they do not

have the right to strike, as such right must be exercised in accordance with law.e. No, because teachers must be the models and exemplars in the community and

they must ensure that their actions should always be upright.

97. Mr. C was the illegitimate child of a Filipino father and an American mother. He wasborn in the US on January 10, 1973. In 1991, he enlisted in the US Marine Corpsand served in the gulf war in Iraq and was honorably discharged from US militaryservice in 1996. He came to the Philippines on March 31, 2003 using his American

passport and on April 30, 2003 he applied for a permanent resident which theBureau of Immigration approved and he was likewise issued an alien certificate ofregistration (ACR). On November 8, 2003, he registered as a voter and on January10, 2004, he filed his certificate of candidacy for governor in the province ofSorsogon and no other person filed as candidate for the same office.

a. Mr. C is disqualified to run for Governor of Sorsogon because he is an Americanas evidenced by his being an illegitimate child, place of birth his passport andACR.

b. b. Mr. C. is disqualified to run for governor of Sorsogon because he is both anAmerican and a Filipino and thus dual citizenship is a disqualification under theLocal Government Code.

c. Mr. C is qualified to run for Governor of Sorsogon because he is a Filipino citizenfrom birth and that he has all the other qualifications of a candidate for saidoffice.

d. Mr. C is qualified to run for Governor of Sorsogon because he is runningunopposed.e. None of the above.

98. EX applied for a permit to build a house in Quezon City. His application was deniedby the City Engineer. He then filed with the court a petition for mandamus. Is theaction proper?

a. No, because the issuance of building permits is discretionary in nature and not

controllable by mandamus.b. No, because he failed to exhaust all administrative remedies by appealing his

case to the proper administrative body.c. No, because the courts have no jurisdiction over actions for the issuance of

building permits.d. No, because the proper remedy is an action for specific performance as he was

asking for the specific action of issuance of a building permit.e. All of the above.

99. The appointment of mayor G of Olongapo City as chairman of SBMA was challenged

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as unconstitutional because of Sec. 7 (1), Art. IXB of the constitution which statesthat no elective official shall be eligible for appointment or designation in any capacityto any public office or position during his tenure. Rule.

a. The challenge must be upheld because this section of the constitutionexpresses a policy of prohibiting several public positions in one person, so that a

public officer may serve full-time with dedication and thus be efficient for the job.b. The challenge must be dismissed because the position of Mayor ofOlongapo City is not in conflict with the position as Chairman of SBMA since theMayor, in the exercise of his functions, has the best knowledge in running his city,and by this, he thereafter knows how to run SBMA.

c. The challenge must be dismissed because even if such positions may beconflicting, Mayor G is not receiving double compensation for such positions. Whatis prohibited is the receipt of double compensation, and not rendering of multipleservices.

d. None of the above.

100. Which of the following is not descriptive of a government instrumentality?

a An agency not integrated within the department framework;b An agency vested by law with special functions or jurisdiction;c An agency endowed with some, if not all, corporate powers;d An agency enjoying operational autonomy, usually through a charter;e None of the above.


a Failure to observe the doctrine of primary jurisdiction is a ground to dismiss.b Failure to observe the doctrine of exhaustion of administrative remedies is a ground

to dismiss the case.

c Non-exhaustion of administrative remedies as a ground to dismiss the case may notbe waived.

d All of the abovee None of the above

102. Which of the following is not a proper characteristic of public office?

a Public office is a public trust;b Public office is not a hereditary possession;c Public office may be a subject of a contract;d Public office is not protected by the due process clause of the Constitution;e None of the above.

103. State who among the officials listed below shall be appointed by the President andwhose appointment shall not require confirmation by the Commission onAppointments:

a Commissioner of the Securities and Exchange Commissionb Brigadier General of the Philippine Armyc Charges d affaires to a foreign countryd Secretary of the Department of Environment and Natural Resourcese None of the above

104. Which of the following may be validly enacted by Congress?

a A law prohibiting person who did not finish high school from voting;b A law disqualifying one who did not finish a course or profession in college to run for

President;c A law prohibiting a member of a particular religious sect from being elected or

appointed to any government office;d. A law limiting the choice of the person to be appointed by the President to just oneperson;e. A law disqualifying one afflicted with a communicable disease from being appointed or

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elected to a public office until said disease has been treated;

105. Which position below does not belong to the non-career service?

a Primarily confidential position;b Highly technical position;

c Elective officials;d Contractual employees;e None of the above.

106. The law on nepotism is directed against:

a Midnight appointments;b Appointment of relatives;c Appointments made for the purpose of buying votes;d Ad-interim appointments;e None of the above.

107. After X was granted Filipino Citizenship by naturalization, he went back to hisnative land for 5 years to reside there. What happens to his Filipino Citizenshipand the derivative Filipino Citizenship of his wife and minor children?

a. X alone will lose his Filipino Citizenshipb. X, his wife and minor children will all lose their Filipino Citizenshipc. X will not lose his Filipino Citizenship because the decision granting him Filipino

Citizenship was already final and executoryd. Only X and his wife will lose their Filipino Citizenship.

108. After X suffered injuries from open manhole in the City of Y, he sued the city whichmoved to dismiss the case for non suability citing Section 16, Article II of the

Constitution which states that the State cannot be sued without its consent. IsCity Y right?

a. No, because it is merely a City and not a State.b. No, because it can be sued for the kind of injury suffered by X by express

provision of law.c.Yes, because Y did not give its consent.d. Yes, because it is not negligent in the maintenance of the manhole.

109. After X survived the lethal injection administered on him in implementation of thedecision of conviction, he petitioned the Supreme Court for acquittal claimingdouble jeopardy and inhuman punishment if he will be subjected to another lethal

injection. Is X correct?

a. Yes, because he has already undergone lethal injection and subjecting him toanother one would result in double punishment.

b. No, because this decision is not yet satisfied.c.Yes, because it was not his fault that he survived.d. No, because he must be subjected to another trial.

110. Upon filing of petition for extradition and its supporting documents, X was arrestedwithout bail which he questioned as violative of his right to bail considering that heis not charged with capital offense. Is X right?

a. Yes, because all accused are entitled to bail except when charged with acapital offense and the evidence of guilt is strong.

b. No, because X is not given even charged of a criminal offense.c.No, because criminal offense is immaterial in the extradition case.d. Yes, because the evidence of guilt is not strong.

111. Right to counsel is not waivable as a general rule;

a. during arrestb. during custodial investigation

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c. during preliminary investigationd. during trial before the RTC

112. Amendments of the Constitution through peoples initiative cannot succeed withoutan enabling law and without involving the Senate.

a. True.b. This is incorrect because the amendment will succeed even without involving

the Senate.c.The amendment will not succeed without an enabling law.d. The amendment will not succeed at all.

113. After the Constitution was amended via Constitutional Convention, a case was filedfor judicial review of the amendments. Will the case succeed?

a. No, because the amendments to the Constitution are not subject to judicialreview being political in nature.

b. Yes, if it can be proven that certain procedural requirements were not complied

with.c.No, because amendments via Constitutional Convention are not subject to

judicial review.d. Yes, because both procedural and substantive aspect of the amendments are

subject to judicial review.

114. X, a government agency whose charter does not expressly grant it power to suesued Y in connection with the contract that X and Y entered into. Y filed a motionto dismiss on the ground that X cannot sue Y because its charter does not grant itsuch power.

a. Y is correct because X cannot sue in the absence of such power in its charter.

b. Y is not correct because X can sue him on the basis of their contract.c.Y is correct because X has not expressly given its consent that it can sue or it

may be sued when entered into contract with Y.d. Y is not correct because X only and not Y can sue under the facts.

115. While driving a vehicle in State A, X accidentally hit a pedestrian who suffered lessserious physical injuries as a result and for which X was slated to be executed byhanging after trial. Xs home State petitioned State A to exempt X from theexecution which State A opposed considering that the same penalty is imposableon all (citizen or alien) who commit the same kind of offense. Is State A right?

a. Yes, because granting the exemption to X would discriminate against the

citizens of State A.b. No, because X should even suffer graver penalty that the citizens of State A.c.Yes, because the State decides its own laws.d. No, because the system of penalty is below international standard.

116. X appealed his conviction for murder to the Supreme Court. Despite the lapse ofmore than 24 months from the time the case was submitted for decision, theSupreme Court still did not render its decision so X filed a motion to dismiss forloss of jurisdiction by the Supreme Court.

a. Xs motion should be granted because his right to speedy trial was violated.b. Xs motion should be denied because the Supreme Court did not lose

jurisdiction over the case although sanctions may be imposed for the delayeddecision.

c.Xs motion should be granted because the delay is the best proof of hisinnocence.

d. Xs motion should be denied because the Supreme Court as the highest courtof the land determines its own rules as to when to decide a case.

117. The municipal council of X passed an ordinance dissolving the municipality whichwas considered approved by the Sangguniang Panlalawigan since it was not actedupon within the period provided. Is the ordinance valid?

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a. It is valid because it is deemed approved by the Sangguniang Panlalawigan.b. It is not valid because it is an ultra vires act of the Municipal Council.c.It is valid because the process of ordinance making was complied with.d. It is not valid because it was not ratified by the residents of the municipality.

118. X was a Filipino Citizen before he became a US citizen when he joined the USNavy. Upon his retirement there from he came back to the Philippines and ran forGovernor in his province and won. His qualification was questioned because he wasnot a Filipino Citizen during the campaign period until canvassing of votes since he tookhis allegiance only when his repatriation was granted on June 30, 1995, immediatelybefore he took his oath of office as Governor. Is X qualified to be the Governor?

a. Yes, because when he took his oath of office he was already a Filipino citizen.b. No, because he should posses his qualification as Filipino Citizen starting from

the campaign period.c. Yes, because he won the election.d. No, because as a repatriated Filipino he is disqualified to run for Governor.

119. X filed a certificate of candidacy for mayor during the elections of 1998. After 2weeks, he also filed a certificate of candidacy for vice governor without withdrawinghis certificate of candidacy for mayor. He got the most number of votes as mayorbut got the lowest number of votes as candidate for vice-governor. Is X qualified toassume the position of mayor?a. Yes, because he got the highest number of votes.b. No, because he is deemed to have withdrawn his certificate for candidacy for

mayor upon the filing of his certificate of candidacy as vice-governor.c.Yes, because he possesses all the qualifications to become a mayor.d. No, because he is deemed disqualified to both positions of mayor and vice

governor with the filing of his certificate of candidacy for the 2 positions.

120. Municipality A was created by executive order 258 but when a boundary disputeoccurred between municipalities A and B, the Sangguniang Panlalawiganapproved the compromised agreement between them which was not inaccordance with the provisions of executive order 258. Is their compromiseagreement valid?

a. Yes, because it was approved by the Sangguniang Panlalawigan which wasthe power to settle municipal boundary disputes.

b. No, because it was an ultra vires act.c. Yes, because there is no authority higher than the Sangguniang Panlalawigan

in so far as municipal boundaries are concerned.

d. No, because the compromise agreement did not comply with Executive Order258.

121. X applied for rally permit to hold a rally in a place designated as the freedom parkof the Municipality but the mayor denied the application. May X and his groupcontinue to stage a rally at the park?

a. Yes, because rally at the freedom park does not require a permit.b. No, because they have no permit.c. Yes, because staging a rally is a constitutional right, which cannot be impeded

by absence of permit.d. No, because the mayor must be followed.

122. X, accused for the crime of murder was called by the prosecution as its witness.

Upon the advice of his counsel, X refused to go to the witness stand, much less totestify as such witness despite repeated warnings by the judge. Thereafter, the

judge found him guilty of contempt of court and ordered his incarceration for 30days. Is the act of the judge valid?

a. Yes, because X is guilty of contempt of court.b. No, because X is justified in refusing to go to the witness stand and in testifying

as witness because such would be violative of right against self-incrimination.

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c. Yes, because the judge has every right to hold anybody who disobeys his orderin contempt of court.

d. No, because the warnings of the judge were not in writing.

123. Congress passed a law which mandates the cutting off of the part of the persondirectly responsible for the commission of the offense such as the cutting of the right/left

hand of the person guilty of theft, of the penis of the guilty of rape, etc. Is the lawconstitutional considering the law imposing death penalty by lethal injection isconstitutional?

a. Yes, because the law was validly passed by Congress.b. No, because it is inhuman hence violative of the Constitution.c.Yes, because even lethal injection law which kills a person is valid.d. No, because there was no public hearing conducted.

124. Panday is a full-pledged member of Congress representing the First District ofZamboanga. However, he is confined at the national penitentiary while hisconviction for statutory rape on two counts and acts of lasciviousness for six

counts is pending appeal. He wants to be allowed to fully discharge his duties asa Congressman by physically attending at legislative sessions and committeemeetings by invoking the mandate of the sovereign will, despite the fact he isfacing a non-bailable offense. Can he be allowed to do so?

a. Yes, since he was elected as a representative of the people of Zamboanga andhis constituents have a right to be represented in Congress.

b. Yes, because he was not yet convicted by a final judgment and therefore, he ispresumed innocent.

c. No because, society must protect itself from suspected criminals who havebeen convicted by a trial court

d. No because he might escape from detention while attending Congressional

sessions125. Can the electorate waive the qualifications prescribed by law for elective office?

a. Yes in order to allow qualified citizens to become trained political leaders inthe future;

b. Yes, since election laws are liberally construed.c.No, because election laws on the matter must be strictly followed.d. No, because the will of the people as expressed through the ballot cannot

cure the vice of ineligibility.

126. Which of the following is not a ground for removal or cancellation of a sectoral

party?

a. It is a religious sect or denomination, organization or association organized forreligious purposes;

b. It is receiving support from any foreign government, foreign political party,foundation, organization, whether directly or through any of its officers ormembers or indirectly through third parties for partisan election purposes;

c. It fails to participate in the least two (2) preceding elections or fails to obtain atleast two per centum of the votes cast under the party list system in the two(2) preceding elections for the constituency in which it has registered.

d. It garners three percent of the votes of a particular sector during an election.

127. May political parties participate in the party list election?

a. Yes, because the constitution says so.b. Yes because this will give a broader meaning to democracy.c.No because it is only for certain marginalized groups.d. No because it would be discriminatory and a great disadvantage to poor

candidates;

128. Let us suppose that Congress enacted a law which amended the OmnibusElection Code (particularly Sections 138, 139, 142 and 143) by vesting in the

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Commission on Elections the jurisdiction over inclusion and exclusion cases filedby voters, instead of in the regular courts like MTC and RTC. Is the law valid?

a. Yes because that is in accord with the powers and duty of the COMELEC tosupervise and administer elections

b. Yes because that is within the powers of Congress to make and strengthen

laws on electionsc. No because the Commission on Elections cannot decide the right to vote

which refers to inclusion and exclusion of voters.d. No because it is an undue delegation of powers.

129. Which of the following is not a function of the Commission on Elections?

a. Executive function which refers to the enforcement and administration ofelection laws.

b. Legislative functions which refers to the issuance of rules and regulations toimplement election laws.

c.Judicial function embraces the power to resolve controversies that may arise in

the enforcement of election laws and to be the sole judge of pre-proclamationdisputes.

d. Issue warrants of arrest to violators of election laws.

130. May the hearing and reception of evidence be delegated by the Commission or aDivision to any of its officials?

a. Yes for as long as the official concerned shall submit his findings and reportand recommendation to the Commission or Division within three (3) daysfrom such completion.

b. Yes for as long as the hearing official is expressly authorized to do so;c.No because this would be a violation of due process.

d. No because this would cause undue prejudice to both parties.

131. In an election protest involving the position of governor of the province of SultanKudarat between A, the protestee and B, the protestant, the First Division of theCommission on Elections rendered a decision upholding Bs protest. Can A file apetition for certiorari with the Supreme Court from the decision of the COMELECFirst Division?

a. No because he must first appeal to the Division en banc.b. No because the Supreme Court cannot review the decisions or resolutions of

a division of the COMELEC en banc.c.Yes because it is a matter of right to appeal to the Supreme Court after a case

is decided in any division of the COMELEC.d. Yes because the Internal Rules of the COMELEC is silent on this procedural

remedy.

132. Florito was a registered voter of Candijay, Bohol and had voted in said municipalityin all the elections therein for municipal elective officials. He was elected Mayor ofCandijay for three times and held office until 1999. On the other hand, it alsoappeared that Florito constructed a house of mixed materials in Nabas (anothertown), and had been living therein with his wife and children since 1996. He had tobuild said house in Nabas because he needed a place to store his copra which hebought from Gretchen, the owner of the house he was staying while in Nabas. Hashe abandoned his residence in Candijay?

a. Yes because by having been elected as Mayor for three times in Candijay, hehas acquired permanent residence therein;

b. Yes because he can maintain two houses in two different places and chooseeither address for purposes of elections

c.No because residence and domicile means one and the same in election lawd. No because it is not necessary that a person should have a house in order to

establish his residence and domicile in a municipality.

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133. Section 68 of the Omnibus Election Code provides in part: Any person who is apermanent resident of or an immigrant to a foreign country shall not be qualified torun for any elective office under this Code, unless said person has waived hisstatus as a permanent resident or immigrant of a foreign country in accordancewith the residence requirement provided for in the election laws. Section 40(f) ofthe Local Government Code provides that permanent residents in a foreign

country or those who have acquired the right to reside abroad and continue toavail of the same right after the effectivity of this Code, are disqualified fromrunning for any elective local position. Are these provisions inconsistent with eachother?

a. No, because the two provisions are basically the same in that they both providethat permanent residents or immigrants to a foreign country are disqualifiedfrom running for any elective position.

b. No because the Omnibus Election Code pertains to election laws for nationalelective officials while the local government code pertains solely for localofficials;

c. Yes, because Section 68 of the Omnibus Election Code specifically providesfor an exception to the disqualification.

134. A law was enacted, (R.A. 4421) requiring a candidate to post a surety bondequivalent to one year salary of the position to which he is a candidate. This willbe forfeited if he will not be able to obtain ten (10%) percent of the votes cast forsaid office. Is this constitutional?

a. Yes in order to discourage nuisance candidatesb. Yes to enable the COMELEC to generate more revenues for its operationsc. No, because the effect of this law is to impose property qualifications in order

that a person could run for public office.d. No because it would be discriminatory and confiscatory to candidates who are

poor.

135. Can the Commission on Elections deny due course or cancel a certificate ofcandidacy that was filed in due form?

a. Yes because that is within its discretion

b. Yes because, just like in a nuisance candidate, the COMELEC possesses thetechnical expertise to act on all election related problems.

c. No because it is ministerial on the part of the COMELEC to receive suchcertificate.

d. No because the COMELEC can not examine patent defects in the certificatethat was filed before it.

136. A child was born to a Singaporean father and a Filipina mother. Would he beeligible to run for the position of Member of the House of Representatives uponreaching twenty six years of age?

a. Yes provided that the child upon reaching the age of majority not electedPhilippine citizenship.

b. Yes because he is a Filipino using the principle of jus sanguinis.c.No because his father is a foreigner (being a Singaporean)d. No because he is not considered as a natural-born citizen.

137. FPJ was elected Senator in the May 1987 national elections. He was born out of

wedlock in 1948 of an American father and a naturalized Filipina mother. FPJnever elected Philippine citizenship upon reaching the age of majority. Is FPJ aFilipino citizen?

a. No because he, being an illegitimate son of a naturalized mother is disqualifiedto run as Senator;

b. No because he has to elect Philippine citizenship first upon reaching the age ofmajority.

c. Yes, because being an illegitimate child of a Filipino mother, he follows the

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citizenship of his mother, hence qualified to be a Senator.

138. In 1991, Pilita married Bobby Swarchoff, a national of the State of Uganda. Underthe laws of Uganda, an alien woman marrying a Ugandan national automaticallyacquires Ugandan citizenship. After her marriage, Pilita resided in Uganda andacquired a Ugandan passport. In 1992, Pilita returned to the Philippines to run for

Governor of Biliran. Was Pilita qualified to run for Governor?

a. Yes because she is still a Filipino citizen by birth.b. Yes because there is no legal impediment for her to run as Governor.c.No because when she became a citizen of Uganda, she became a dual citizen

and is thus disqualified to run as Governor.d. No because she does not possess the residency requirement.

139. The period to file a petition against a nuisance candidate is:

a. Within five (5) days from the last day for the filing of certificates of candidacy.b. Within five (5) days after the COMELEC publishes the final list of candidates.

c. Within ten (10) days from the last day for the filing of certificates of candidacy.d. Within ten (10) days after the COMELEC publishes the final list of candidates.

140. Can public utility operator or a natural person operating a public service businessbe prohibited to make a contribution in an election campaign?

a. No because this is part of election campaign and the giving of electioncontributions for as long as it is within the limits provided for by law.

b. No because they are considered as any other entity or person exercisingpolitical rights.

c. Yes because such a disbursement would diminish his its income and would bea controversial disbursement since it would embroil a public utility operator in

partisan politics.d. Yes because it will spawn and abet graft and corruption in government in the

future.141. What is not considered a LAWFUL ELECTION PROPAGANDA?

a. pamphlets, leaflets, cards, decals, stickers or other written or printed materials ofa size not more than eight and one half inches in width and fourteen inches in

length;b. handwritten or printed letters urging voters to vote for or against any particular

candidate.c. cloth or paper or cardboard posters whether framed or posted with an area not

exceeding five feet by ten feet.d. Streamers not exceeding three feet by eight feet in size and the posting of

decals in mobile places.

142. X was charged with plunder before the Sandiganbayan. He challenged theconstitutionality of the Plunder Law arguing that the terms of the law are so vaguethat its meaning is unclear, thus the Sandiganbayan should invalidate the statutefollowing the doctrine that criminal laws should be construed strictly against theState and liberally for the accused. Is the claim of x tenable?

a. Yes, because criminal statutes must be construed against the State;b. No, because the strict or liberal construction of a statute pertains to its

interpretation, not its validity;c.Yes, because all doubts must be resolved in favor of the accused;d. No, because a criminal statutes vagueness is not a ground to invalidate it.

143. After obtaining 6.3 million signatures all over the country, Y, with several othergroups and individuals, filed a petition with the COMELEC for the holding of areferendum to amend the Constitution. The COMELEC dismissed the petition forlack of an enabling law governing the amendment of the constitution throughinitiative as held in Santiago v. COMELEC. Y appealed to the Supreme Court butthe Court dismissed his petition for non-compliance with Section 2, Article XVII of

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the Constitution which provides that Amendments to this Constitution may likewisebe directly proposed by the people through initiative In its ruling, the Court onthe deliberations of the framers of the Constitution which interpreted this provisionto mean that the full text of the proposed amendments must be shown to eachsignatory which Y did not do. Y sought reconsideration, arguing, among others,that the Court erred in relying on the deliberations of the framers, and that it should

have instead recognized the overwhelming sentiment of the people to amend theConstitution, which, done in the exercise of their sovereign right, trumps theinterpretation of its framers. Are the contentions of Y valid?

a. Yes, because the people are the ultimate source of sovereign power and theSupreme Court should have respected their sentiment;

b. No, because the Supreme Court has the final say in interpreting theConstitution and the deliberations of the framers, showing their intent, arebinding;

c.Yes, because the provisions of the Constitution should be interpreted not onlybased on what its framers intended but also by how contemporary societyinterprets it;

d. No, because an enabling is still necessary to amend the Constitution throughinitiative as held in Santiago v. COMELEC.

144. In St. Martin Funeral Home v. NLRC, The Supreme Court, in harmonizing conflictsbetween Batas Pambansa Blg. 129, as amended by Republic Act No. 7902, thedeliberations for such amendatory law, the provisions of the Labor Code and theRules of Court ruled that henceforth, appeals from rulings of the National LaborRelations Commission should be filed with the Court of Appeals and not engagedin judicial legislation and should have let Congress fix the problem throughappropriate legislation. Is the claim correct?

a. Yes, because courts should l imit themselves to applying the law and

should there be any conflict among laws, the same should be resolved byCongress, the duly elected body empowered under the Constitution to legislate;

b. No, because the Supreme Court, in the exercise of its judicial powerunder the Constitution, has been vested with authority to interpret laws whichincludes the power to reconcile conflicting provisions of law;

c. Yes, because the in rendering St. Martin Funeral Home, the Court was clearlymotivated by self-interest as the ruling meant the drastic reduction of its case load.d. Yes, because the Supreme Court is bound to render judgment in all casesbrought it and simply cannot decline to do so on the ground that the power to resolvea problem lies with Congress.

145. In a pleading filed before the Supreme Court challenging the constitutionality of a

school regulation mandating the conduct of unannounced drug tests on studentsand personnel, the petitioners copiously cited American jurisprudence ion the rightto privacy. In its Comment to the petition, the respondent school contented that theAmerican cases petitioners cited have no precedential value and cannot be reliedupon by the Court. Is respondents contention correct?

a.Yes, because the rulings of US courts interpret the US Constitution not thePhilippine Constitution;

b.No, because the rulings of US courts interpreting constitutional provisions similarto ours carry persuasive weight;

c.Yes, because Philippine court should develop its own jurisprudence onconstitutional interpretation and not rely on foreign rulings; and

d.No, because due to the similarities between the US Constitution and Philippineconstitutions, rulings of US courts interpreting the US Constitution are virtualinterpretations of the Philippine Constitution.

146. The issue in Tolentino v. Commission on Elections was whether a special electionwas simultaneously held with the national and local elections on 14 May 2001 to fillthe Senate seat vacated by Senator Guingona (who was appointed Vice-President), despite the fact that the COMELEC failed to call for a special electionand issue the rules and regulations for such election. The Court ruled in theaffirmative and held that no such call was necessary because Republic Act No.

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6645, as amended, provided when to hold such special election and that the lackof pertinent COMELEC regulations cannot serve to negate the special election asthis will disenfranchise the millions of voters who voted for the winning candidate.In its Decision, the Court also held: our conclusion might be different had the caseinvolved a special election to fill a vacancy in the House of Representatives. Insuch a case, xxx the time of the election is left to the discretion of the COMELEC

xxx. This makes mandatory the requirement in xxx RA 6645, xxx for theCOMELEC to call a special election xxxx. Is this portion of the Courts rulingobiter dicta?

a.Yes, because it is necessary to resolve the issue in the case nor based on thematerials facts;

b.No, because it is necessary to buttress the Courts ruling in interpreting RepublicAct. No. 6645 vis a vis special elections for a senator and a representative;

c.Yes, because the Court was already pre-empting the resolution of a future case(i.e. involving special elections for a member of the House of Representatives);

d.No, because the Court has ample leeway in making illustrations to resolve theissue before it.

147. In a Decision rendered by the Supreme Court dismissing a petition, the Court citeda minute Resolution, not published in the SCRA, as authority for its ruling. Thepetitioners sought reconsideration, contending that a minute unpublishedResolution is not a binding precedent. Is petitioners contention correct?

a. Yes, because compared to full blown Decisions, minute Resolutions are notrulings which serve as precedent;

b. No, because minute Resolutions are also rulings of the Court having the samebinding effect as full-blown Decisions;

c. Yes, because being unpublished, minute Resolutions are not easily accessible tothe parties who have no way of knowing what rulings the Court has rendered in

such form;d. No, because the Court is authorized under the Constitution to render judgments

based on authorities it sees fit to use.

148. In a pleading filed before the RTC Makati, the plaintiff cited the Bible as one of hisauthorities. In his Answer, the defendant moved to strike out those portions ofcomplainants pleadings citing the Bible, contending that the Bible is not a legalmatter and that, at any rate, its invocation violates the Constitutional doctrine ofseparation of Church and State. Are the defendants contentions correct?

a.No, because although not a legal document, the Bible carries persuasive valueand its citation in a pleading is an exercise of Free Speech;

b.Yes, because parties are bound to cite binding legal materials in their pleadingsand not religious documents and doing so forces the courts to pass uponreligious matters which violates the separation of Church and State;

c.No, because nowhere in the Rules of Court is it stated that parties must only citespecific documents and the parties right to Free Speech provides the widestleeway for litigants to craft their pleadings as they see fit;

d.Yes, because allowing parties to cite the Bible will open the floodgates for otherparties to cite the other religious documents such as Koran thus blurring thelines between legal and religious sources;

149. Section 14, Article VIII of the Constitution provides that decisions must set forthclearly and distinctly the facts and the law on which it is based. A trial court

rendered judgment finding one of its personnel administratively liable fornegligence. In its ruling, the trial court relied on the Civil Service Law and did notcite any supporting cases. In his motion for reconsideration, the respondentclaimed that the decision should be set aside for lack of any case law citation. Isrespondents contention correct?

a.Yes, because by failing to cite cases, the trial courts ruling did not set forthclearly and distinctly the facts and the law on which it is based;

b.No, because the requirement under Section 14, Article VIII of the Constitutionapplies only to judicial not administrative rulings as in this case;

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c.Yes, because considering the issue involved. It was imperative for the trial courtto cite cases and its failure to do so violates Section 14, Article VIII of theConstitution;

d.No, because courts are not bound to cite cases in rendering judgments and therequirement under Section 14, Article VIII of the Constitution is met so long asthe judge, as here, stated the facts and law on which his ruling was based.

150. By a vote of 8-5, the Supreme Court in Santiago v. Commission on Elections(promulgated 19 March 1997) ruled that Republic Act No. 6735 is inadequate toimplement the initiative clause on proposals to amend the Constitution. Amongthose who filed dissenting were Justices Artemio Panganiban and Reynato Puno.Nine years later, when most of those who voted with the majority had left the Courtand Justices Artemio Panganiban and Reynato puno had become Chief Justiceand Senior Associate Justice, respectively; several petitioners filed a petition withthe Court to overturn Santiago. Their pleadings relied heavily on the dissentingopinions of Justices Panganiban and Puno. In their Comments to the petition, therespondents objected to petitioners invocation of the dissenting opinions. Isrespondents position tenable?

a.Yes, because dissenting opinions are not rulings and merely reflect the personalviews of their authors, thus they have no precedential value;

b.No, because litigants are free to use whatever appropriate materials available topersuade the Court to rule in their favor;

c.Yes, because the petitioners are clearly pandering to Justices Panganiban andPuno, the two most senior members of the Court, and are taking advantage ofthe Courts new composition;

d.No, because dissenting opinions carry persuasive value.

151. In a speech given last year (and which was widely reported in the media), thenChief Justice Panganiban stated that the Supreme Court erred in its ruling in

People vs. Echagaray (267 SCRA 682 {1997. Is Echagaray still good law (i.e.binding precedent)?

a.No, because as admitted by then Chief justice Panganiban, the Supreme Courterred in deciding that case, thus being a wrong ruling, it cannot serve asprecedent;

b.Yes, because Echagaray just forms part of a long line of jurisprudence upholdingthe validity of the Death Penalty Law;

c.No, because the soundness of the ruling has been seriously undermined by thenChief Justice Panganibans comments;

d.Yes, because unless overturned, final judgments of the Court form part of the lawof the land.

152. The right of the accused against self-incrimination is violated when:

a. he is made to undergo an ultraviolet examinationb. he is compelled to produce a sample of his signature as prosecution evidence.c. he is placed in a police line-up for identification purposes.

153. The right of a person under investigation to competent and independent counselmay be waived by the suspect

a. provided that the waiver is made before a judgeb. so long as the waiver is in writing.

c. so long as the waiver is in writing and he is assisted by counsel.

154. The State may be sued if the contract sued upon is in the nature of an act.

a. jure gestionisb jura regaliac. jure imperii.

155. When there is a change of sovereignty, the political laws of the former soverign are:

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a. abrogatedb. suspendedc. retained.

156. The term nation is:

a. used interchangeably with the family of nationsb. a legal conceptc. implies a common race.

157. A prospective extraditee is not entitled to bail.

a. if he is not himself bailable in the requesting state.b. because of the presumption that he may escape if granted.c. unless he can present strong and convincing evidence that he is not flight risk.

158. The establishment clause means that:

a. a short prayer may be allowed in public schools if approved by the DECS.b. The State cannot set up a church.c. The State may pass laws which aid not just one but all religious equally andwithout exception.

159. In our jurisdiction, the power to ratify a treaty is vested in the:

a. Presidentb. Senatec. Congress by two-thirds vote of each House, voting separately.

160. The right of the people to a balanced and healthful ecology demands.

a. That natural resources may be harnessed to meet the countrysimmediate financial requirements.b. Circumspect action from the government to check denudation of forestlands.

c. That trees should be planted to serve as defective wind breakers against thevelocity of typhoon winds.

161. The constitutional policy on nuclear allows.

a. nuclear arms testb. Manufacture but not the use of nuclear weapons.

c. Peaceful use of nuclear energy.

162. The principle that all natural resources of the country are owned by the state knownas:

a. Ley Hipotecariab. Regalian Doctrinec. Jura Regalad. Public Land Principlee. Patrimonial Property of the State Doctrine

163. The state shall have full control and supervision over its natural resources

regarding.

a. their exposition, development and urbanization.b. their production, distribution and disposition.c. their exploration, development and utilization.

164. Financial or Technical Assistance (FTAAs) is limited to:

a. large-scale exploration, development and utilization of minerals, petroleum andother mineral oils.

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b. small-scale exploration, development and utilization of minerals, petroleum andother mineral oils.

c. either large-scale or small-scale co-production, joint venture or production-sharing of all natural resources including minerals, petroleum and other mineralsoils

165. Public agricultural lands may be alienated or disposed by means of:

a. homestead, sales lease and confirmation of imperfect or incomplete titles.b. homestead, free patent, sale and lease.c. free patent, sale, lease and homestead.d. judicial legalization and administrative legalization.

166. ASYAN TRESUR is a municipality composed of 15 barangays, 10 west of TaktakRiver and 5 east thereof. The constituents of the 10 western barangays, feeling leftout of the services and facilities of the Asyan Treasure, wish to constitutethemselves into a new and separate town to be called Western Asyan treasure.Granting that Western Asyan Treasure proponents succeed to secure a law in their

favor, would a plebiscite be necessary or not?

a. Yes, a plebiscite is necessary because all 15 barangays will be affected with thecreation of new Iocal government unit.

b. No, a plebiscite is no longer necessary because there is already a law creatingWestern Asyan Treasure.

c. Yes, a plebiscite is necessary because it will show the preference of theconstituents who should be local leader.

d. No, a plebiscite is no longer needed because majority of the 15 barangays wantto be separated from Asyan Treasure.

167. Three years after LUNINGNING was constituted as a municipality, the law creating

it is voided because of material defects. Would that invalidate the acts of the municipalityand/or its municipal officers?

a. Yes, because the law being null and void has no legal effect.b. Yes, because the officials exercised ultra vies acts.c. No, because the officials acted in good faith and without malice when they

performed their responsibilities since LUNINGNING is considered a de factomunicipality.

d. No, because the acts of the public officials should be sustained since they havesecurity of tenure.

168. The newly created city of San Juan through its Sangguniang Panlungsod without

any public hearing and consultation with other entities passed an ordinance renaming P.Guevarra St. to Fernando Poe, Jr. St. The ordinance sought to honor the deceased Mr.Fernando Poe, Jr. for his significant contribution to the Philippine movie industry.

Totoy Bibo opposed the implementation of the subject San Juan ordinance. As counselof Mr. Totoy Bibo, Can you assail the Ordinance?

a. Yes, the Ordinance can be assailed because the City Council of San Juan didnot refer the proposal to the National Historical Institute and did not consult theaffected constituents.

b. Yes, the Ordinance can be assailed because it did not provide for a period withinwhich to use the name of Fernando Poe, Jr.

c. No, the Ordinance cannot be assailed because it is already a law and can beimplemented immediately.

d. No, the Ordinance cannot be assailed because the City Council already providedfor the budget for the procurement of the new street signs.

169. Metro Manila has several local government units (lgu's) along the Pasig River. Toservice the needs of Metro Manila residents, the Pasig River RehabilitationCommission (PRRC) has been operating a ferry service along the Pasig River forover three years already. Sometimes in July, 2007, the PRRC was served a copyof an order from the Land Transportation Franchising and Regulatory Board

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(LTFRB), granting a certificate of public convenience to Mr. Biglang Ahon, aresident of Makati, to operate a ferry service across the same river along thesame lgu's being presently served by the PRRC's ferry boats. A check of therecords of the application of Mr. Ahon shows that the application was filed somemonths before, set for hearing, and notices of such hearing were published intonewspapers of general circulation in Metro Manila. The PRRC had never been

directly served a copy of that notice of hearing nor had Mr. Ahon requested anyof LGU's to grant him any permit to operate. The PRRC immediately filed a motionfor reconsideration with the LTFRB which was denied. PRRC went to theSupreme Court on a petition for certiorari to nullify the order granting a certificateof public convenience in favor of Mr. Ahon. Will petition prosper?

a. No, the Petition will not prosper because PRRC failed to exhaust administrativeremedies.

b. Yes, the Petition will prosper because PRRC was denied due process and Mr.Ahon failed to notify all the concerned local government units.

c. No, the Petition will not prosper because Mr. Ahon should have filed the casebefore the Makati Regional Trial Court.

d. No, the Petition will not prosper because there is no cause of action.

170. An Ordinance of the Olongapo City requires every alien desiring to obtainemployment of whatever kind, including casual and part-time employment, inthe city to secure an employment permit from the Mayor Dick Garden and topay a work permit fee of P500.00. Is the Ordinance valid?

a. No, it is not valid for violative of the equal protection clause of the Constitution.b. No. it is not valid since aliens can afford to pay more than P500.00.c. Yes, it is valid because the Mayors act is a valid exercise of delegated power.d. Yes, it is valid because aliens do not pay Community Tax.

171. In order to implement a major government flood control project, Sec. Rod Way ofthe Department of Public Works and Highways (DPWH) and Mayor Eng Bee Tinof the City of Manila removed squatters from the bank of the Pasig River andcertain esteros for relocation of San Jose Del Monte, Bulacan. Their shantieswere demolished through the joint efforts of DPWH and the city government withassistance of the Philippine National Police. Upon complaint of the squatters, theCommission on Human Rights (CHR) conducted an investigation and issued anorder for the DPWH and the city of Manila to cease and desist from affecting theremoval of the squatters on the ground that the human rights of the squatterswere being violated. The DPWH and the City of Manila objected to the issuanceof the restraining order of the CHR considering that the project is for the generalwelfare of the public. Which of the parties is correct?

a. The CHR is correct because the City of Manila violated the rights of thesquatters.

b. The City of Manila and the DPWH are correct because the CHR has no right toissue the Temporary Restraining Order.

c. The CHR is correct because it has primary jurisdiction over the complaint.d. The City Of Manila and the DPWH are correct because the squatters lives are in

danger.

172. There was a boundary dispute between Kaimito, a Municipality, and KalayaanCity, an independent component city, both of the same provinces. State how thetwo local government units should settle their boundary dispute given distinct

classification as different local government units.

a. Either party can go to Court to resolve their boundary conflicts.b. Both parties can appoint a Mediator who can resolve the conflict between them.c. Either party can file a resolution with their respective legislative councilsd. Both parties must submit their conflict before the Sangguniang Panlalawigan.

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173. The Sangguniang Bayan of the Municipality of Cara y Cruz passed ResolutionNo. 1 authorizing Mayor Kiko Pang to Initiate a petition for the expropriation of alot owned by Ysabella as site for its municipal market. This was approved byMayor Kiko Pang. However, the Sangguniang Panlalawigan disapproved theResolution as there might still other available lots in Cara y Cruz for a market.Nonetheless, the Municipality of Cara y Cruz, through Mayor Kiko Pang, filed a

complaint for eminent domain before the regional trial court. Ysabella opposedthis on the following grounds: (a) the Municipality of Cara y Cruz has no power toappropriate; (b) Resolution No. 1 has been voided since the SangguniangPanlalawigan disapproved it for being arbitrary; and (c) the municipality of Cara yCruz has other and better lots purpose. Resolve the case with reasons.

a. The case should be resolved in favor of Ysabella since Mayor Pangsdecision is arbitrary.

b. The case will not prosper because the basis of the complaint is aresolution and not an Ordinance.

c. The case will prosper because there are better lots to locate the publicmarket.

d. The case will not prosper because the Sangguniang Panlalawigan cannotoverride the resolution of the Municipality of Cara y Cruz.

174. The City of Marikina passed an Ordinance authorizing Mayor Gwapong Bayani,assisted by the police, to remove all advertising signs displayed or exposedto public view

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MCQ - Constitutional Law Review