Professional Documents
Culture Documents
Consti 1 Reviewer MCQ
Consti 1 Reviewer MCQ
The Constitution
A.
Kinds
1. Constitutions may be classified as:
a.
b.
c.
d.
B. Purposes
D. Parts of a Constitution
d.
e.
Constitution of liberty, which refers to the provisions setting forth the fundamental civil and political rights of the citizens. 7
b.
Constitution of government, which refers to the provisions outli
To lay down principles for the guidance of the people.
Breadth 8
Brevity 9
Definiteness 10
ning the
organization of the government. 11
c.Constitution of sovereignty, which refers to the procedure for amending the constitution. 12
d.Constitution of citizenship, which refers to the provisions defining who are the citizens of a country.
E.
2.The following are the limitations on the power of the people to propose amendments to the Constitution:
a.The people cannot propose revisions. 16
b.The petition for an initiative must be signed by at least 12%
Section 5, which deals with the promotion of the general welfare of the people. 22
Section 12, which deals with the natural right and duty of parents in the rearing of the youth.23
Section 13, which deals with the promotion of the moral well-being of the youth. 24
Section 6, which deals with the protection of the right of the people to a balanced and healthful ecology. 25
a.Section 19, Article II which provides for a self-reliant and independent economy effectively controlled by Filipinos. 30
b.Section 24, Article II which recognizes the vital role of communication and information in nation building. 31
c.Section 25, Article II, which provides for autonomy of local government units. 32
d.Section 28 (1), Article VI, which provides for a progressive system of taxation. 33
4.
a.
b.
16
c.
d.
Section 1, Article XIII, which provides for the reduction of social, economic and political inequalities. 36
Section 2, Article XIII, which provides for the promotion of social justice. 37
Section 1, Article XIII, which directed Congress to give priority to measures that enhance human dignity and reduce
inequalities. 42
Section 9, Article XII, which provides for the resettlement of poor dwellers. 43
Section 1, Article XIV, which provides for promotion of the right to quality education.44
Section 5 (2), Article XIV which guarantees academic freedom in all institutions of higher learning. 45
General Considerations
A. National Territory
1.
a.
b.
c.
d.
A suit by unpaid laborers of a contractor with the government for payment to them by the government of their wages
from the money appropriated for the project. 50
A suit of an illegally removed government employee for reinstatement and payment of back wages where funds have
been appropriated for his wages. 51
A suit by a war veteran for payment of his pension where the public officer in charge of releasing the funds appropriated
refuses to do so. 52
A suit against the Technological Education on Skills Development Authority, an unincorporated government
instrumentally in charge of education, training and skills development, for payment for the printing of identification
cards. 53
36
The principle that a suit against the State involving property in which it claims to have an interest is not allowable does not
apply in:
a.
b.
c.
d.
3.
A suit will not be dismissed on the ground that it involves an act which belongs to the State in his political capacity in case of:
a.
b.
c.
d.
4.
b.
c.
d.
a.
b.
c.
d.
7.
A suit by the owner of a motor vehicle seized by officers of the Department of Environment and Natural Resources for
transporting illegally cut timber sued them to recover the motor vehicle. 61
A suit for damages filed by an acquitted accused against the law officer who testified in the criminal case against him. 62
A suit against a regional director for refusing to allow the return of a government employee reassigned by the
Department Secretary in the absence of an authorization to return. 63
A suit against a public officer to annul the award to somebody else of the orbital slots assigned to a satellite company.64
A suit against a public officer is a suit against the State in case of:
a.
b.
c.
d.
6.
A suit against a public officer is not a suit against the State in case:
a.
5.
a.
b.
54
c.
d.
8.
a.
b.
c.
d.
9.
It is engaged in banking. 76
It is engaged in improvement of the economic conditions of farmers. 77
It is trading in palay, rice, and corn to stabilize their prices. 78
It is engaged in low-cost housing. 79
a.
b.
c.
d.
It is providing insurance. 80
It manages airports. 81
It is providing education. 82
It is handling formal and non-formal training. 83
a.
b.
c.
d.
11.
a.
b.
c.
d.
12.
a.
b.
c.
d.
A government office organized to disseminate government information obtained a loan to pay for the rights to telecast
basketball games: 92
A donor sued to revoke a donation for failure of the government agency to comply with the conditions of the donation.93
The government agency convinced the contractor to complete the project upon assurance that additional funds would be
appropriated. 94
A taxpayer sued to enjoin the award of a contract because the bid of the lowest bidder should be considered
unacceptable. 95
74
Bureau of Printing vs. Bureau of Printing Employees Association, 110 Phil, 952
Fontanilla vs. Maliaman, 179 SCRA 685
76 Republic vs. Philippine National Bank, 13 SCRA 24
77 Philippine Virginia Tobacco Administration vs. Court of Industrial Relations, 65 SCRA 416
78 Republic vs. Court of First Instance of Rizal, 99 SCRA 660
79 Badillo vs. Tayag, 400 SCRA 494
80 Social Security System Employees Association vs. Soriano, 9 SCRA 511
81 Manila International Airport Authority vs. Court of Appeals, 495 SCRA 591
82 Serrano vs. Sandiganbayan, 542 SCRA 224
83 Professional Video, Inc. vs. Technological Education and Skills Development Authority, 391 SCRA 83
84 Mobil Philippines Explorations, Inc vs. Customs Arrastre Service, 18 SCRA 1120
85 Malong vs. Philippine National Railway, 138 SCRA 63
86 United States vs. Guinto, 182 SCRA 644
87 Philippine Refining Company vs. Court of Appeals, 256 SCRA 667.
88 United States vs. Ruiz, 136 SCRA 482
89 Pacific Products, Inc. vs. Ong, 151 SCRA 536.
90 Department of Health vs. C.V. Canchela & Associates, 475 SCRA 218
91 Professional Video, Inc. vs. Technical Education and Skills Development Authority, 591 SCRA 83
92 Traders Royal Bank vs. Intermediate Appellate Court, 192 SCRA 305
93 Santiago vs. Republic, 87 SCRA 2004
94 EPG Construction Company vs. Vigilar, 354 SCRA 566
95 Republic vs. Nolasco, 457 SCRA 400
75
When the State gets involved in a lawsuit, the waiver of immunity does not include in one of these:
a.
b.
c.
d.
2.
A law granting the President of the Senate and the Speaker of the House of Representatives power to appoint officers in
the Executive Department is valid: 100
A law providing that a constitutional provision interpreted by the Supreme Court should be interpreted differently is
valid. 101
A law authorizing Members of Congress to propose and identify projects to be funded by the countrywide development
fund is valid. 102
A law requiring that the implementing rules and regulations be submitted to a Joint Congressional Oversight Committee
is valid. 103
a.A law giving the Ombudsman the power to review a decision of the Supreme Court is valid. 104
b. A law giving the Secretary of Justice the power to discharge someone to be a state witness
c.
d.
pursuant to a witness
protection program encroaches upon the power of the court to discharge a state witness. 105
The President may veto a law appropriating funds to pay the increase in the retirement benefits of retired Justices of the
Supreme Court awarded in a decision of the Supreme Court is valid. 106
A Senator cannot ask the Supreme Court to compel the Office of the President to submit to the Senate a treaty to which
the Philippines has acceded for its concurrence in the ratification. 107
Supreme Court can review whether the punishment of a member of the House of Representatives for disorderly
behavior was tainted with grave abuse of discretion. 112
b.The Supreme Court can review if an amendment inserted by a Bicameral Conference Committee of Congress is invalid,
because it was not the subject of any disagreement between the two chambers. 113
96
c.
d.
The Supreme Court can review if the representation of the Members of the Commission on Appointments complied with
the proportional representation of the political parties. 114
The Supreme Court can review the manner of selection of the officers of Senate apart from its President. 115
b.
2.
3.
a.
b.
c.
d.
4.
a.
b.
c.
d.
5.
Public safety is not expressly stated but is merely implied as a standard for the rule-making power of the Land
Transportation Office. 122
The law authorizes the Director of Animal Industry to distribute confiscated carabaos to deserving farmers as he may
see it. 123
The law authorizes the Philippine Overseas Employment Administration to protect the rights of overseas Filipino workers
to favorable and equitable employment practices. 124
The law provides that the National Telecommunications Commission should be guided by the requirements of public
safety, public interest and reasonable feasibility of maintaining effective competition. 125
The law authorizes the Chairman of the National Meat Inspection Commission to distribute confiscated carabeef to
charitable institutions and other similar institutions as he may see fit. 126
The law automatically appropriates funds to pay the principal, interest, taxes and normal banking charges on loans of the
Philippines as they become due, without specifying the amount. 127
The law authorized the Department of Budget and Management to classify positions in the government to provide equal
pay for equal work and to base differences in pay upon differences in duties and qualification.128
A law authorized the Secretary of Health to issue rules and regulations for the promotion of public health. 129
114
The law authorizes mayors to refuse a permit for a public assembly if there is a clear and present danger to public order,
public safety, public convenience, public morals or public health.130
b. The law authorized the Energy Regulatory Commission to promulgate rules and regulations to ensure the total
electrification of the county and the quality, reliability, security and affordability of the supply of electric power.131
c. The law authorized the removal of officials and employees of the Bureau of Internal Revenue and the Bureau of
Customs if the revenue collection falls short of the goal by 7.5 percent. 132
d.. A law authorized the regulatory board of public utilities to require annually a detailed report of finances and operation in
such form and with such matters as the regulatory board may prescribe. 133
The law authorized the President to reorganize the Executive Department to achieve simplicity, economy, and
efficiency. 134
The law authorizes the President to reorganize the administrative regions without prescribing any standard and the
standard may be found in another law on the same subject. 135
A law granted an administrative agency the power to impose fines not exceeding P1,000 daily. 136
A law authorizes the courts to impose imprisonment as a penalty for a criminal offense without a minimum or a maximum
duration. 137
Organization of Congress
3.
The following organizations are not entitled to participate in the party-list elections:
a.Businessmen146
b.Professionals 147
c.Homosexuals 148
d.Women149
130
Bayan, Karapatan, Kilusang Magbubukid ng Pilipinas vs. Ermita, 488 SCRA 226.
Gerochi vs. Department of Energy, 527 SCRA 696.
132 Abakada Guro Party List vs. Purisima, 562 SCRA 251.
133 Compania General de Tabacos de Filipinas vs. Board of Public Utility, 34 Phil. 136
134 Anak Mindanao Party List Group vs. Executive Secretary, 531 SCRA 583
135 Chiongbian vs. Orbos, 245 SCRA 253
136 Pacific Steam Laundry, Inc. vs. Laguna Lake Development Authority, 608 SCRA 442
137 People vs. Dacuycuy, 173 SCRA
138 Tobias vs. Abalos, 239 SCRA 106
139Aquino vs. Commission on Elections, 617 SCRA 623
140 Sema vs. Commission on Elections, 558 SCRA 700.
141 Bagabuzo vs. Commission on Elections, 573 SCRA 270
142 Barangay Association for National Advancement of Transparency vs. Commission on Elections, 586 SCRA 210.
143 Bayan-OFW Party vs. Commission on Elections, 359 SCRA 698
144 Barangay Association for National Advancement for Transparency vs. Commission on Electiosn, 586 SCRA 210
145 Ibid
146 Ang Bagong Bayan-OFW Labor Party vs. Commission on Elections, 359 SCRA 698
147 Section , Republic Act No. 7941.
148 Ang Ladlad LGBT Party vs. Commission on Elections, 618 SCRA 32
149 Section 5, Republic Act No. 7941
131
4.The names of the nominees or the order of the nominees in the list of a party-list organization cannot be changed after their
submission to the Commission of Elections except if:
c.He leased a house in the legislative district, he married there, and his daughter was born there but he kept a mistress
in another legislative district and was registered as a voter there. 153
d.He operated business in the legislative district for years before he ran, his children were schooling there two years
before, and he leased a house there more than a year before. 154
The special election to fill a vacancy in the Senate cannot be held together with the regular elections. 155
If the law increases the salaries of Members of Congress, the Congressmen who approved it can collect the
increased salaries at their next term 156
Members of Congress need not disclose their financial and business interests. 157
A Member of Congress may file a bill which affects his business interests. 158
2.
Congress can pass a law expanding the scope of the immunity from arrest of its Members. 159
A Congressman facing a criminal case punishable by reclusion perpetua can compel that he be allowed to attend
the sessions of the House of Representatives. 160
The immunity from arrest of Members of Congress applies if Congress is in session even if they are not attending
the sessions. 161
The Sandiganbayan cannot order the arrest of Members of Congress who have a pending criminal case before it
if Congress is in session. 162
The parliamentary immunity of Members of Congress for speeches and debates does not extend to:
a.
b.
c.
d.
5.
To give up his seat if he was elected Chairman of the Philippine National Red Cross. 171.
To give up his seat if he was elected director of a government corporation organized under the Corporation
Code. 172
To reject his appointment to an office created during his term. 173
To reject his appointment as judge if the salaries of judges were increased during his term. 174
6.
7.
a.
b.
c.
d.
To enter into a contract to ride a train of the Philippine National Railway. 179
To enter into a contract to sell property to the Government. 180
To be a stockholder of a corporation that will enter into a contract for gain with the Government 181
To have his wife be a director of a corporation which has a contract for gain with the government. 182
165
Ibid
Ibid
167 Jimenez vs. Cabangbang, 17 SCRA 876.
168 Osmea vs. Pendatun, 109 Phil, 863
169 Pabre vs. Defensor-Santiago, 597 SCRA 1
170 Hutchinson vs. Proxmire, 443 U,S. 111.
171 Liban vs. Gordon, 593 SCRA 68
172 Section 13, Article VI of the Constitution
173 Ibid
174 Ibid
175 Villegas vs. Legaspi, 113 SCRA 39
176 Villegas vs. Legaspi, 113 SCRA 39.
177 Marcos vs. Chief of Staff, 89 Phil. 246
178 Puyat vs. De Guzman, 113 SCRA 31
179 Opinion No. 49 of the Secretary of Justice dated March 5 , 1948
180 Opinion No. 18 of the Secretary of Justice dated February 18, 2000.
181 Opinion No. 86 of the Secretary of Justice dated June 4, 1982.
182 Record of Constitutional Commission, Vol. II, p. 106.
183 Section 14. Article VI of the Constitution.
184 Ibid
185 Ibid
186 Ibid
166
2.
The quorum of each House of Congress consists of the majority of the Members, but those who are abroad are
excluded in the computation of the majority.187
The President of the Senate and the Speaker of the House shall be elected by a majority of all the Members of each
House. 188
Each House of Congress may suspend or expel a Member for disorderly behavior by the vote of two-thirds of all its
Members. 189
Congress by a vote of three-fourths of both Houses voting separately may declare the existence of a state of war. 190
Congress may override the presidential veto of a bill by a two-thirds vote of all the Members of each House voting
separately. 191
b. A law granting a tax exemption must be approved by two-thirds majority of all the Members of Congress voting
separately. 192
c. Congress, voting jointly, may revoke the proclamation of martial law or the suspension of the privilege of the writ of
habeas corpus by the majority vote of all its Members. 193
d.. To be valid, the concurrence of the Senate in the ratification of a treaty or international agreement must be by at
least two-thirds majority of all its Members. 194
3.
E.
1.
The vote of at least one-third of all the Members of the House of Representatives is needed to initiate a case of
impeachment. 195
The concurrence of at least two-thirds of all the Members of the Senate is required to convict in a case of
impeachment. 196
The vote of three-fourths of all Members of Congress, voting jointly, is required to propose any amendment or
revision of the Constitution. 197
Congress may, by a vote of two-thirds of all its Members, voting separately, call a constitutional convention or by a
majority of all its Members, voting separately, submit to the electorate the calling of a constitutional convention. 198
Discipline of Members
One of these statements is not correct:
a.
b.
c.
d.
A Member of Congress may be suspended for delivering a privileged speech making unfounded imputations of
bribery against the President. 199
The disorderly behavior for which a Member of Congress may be disciplined need not be connected with the
performance of his official duties. 200
The act constituting disorderly behavior for which a Member of Congress was suspended cannot be reviewed by the
Supreme Court. 201
The Sandiganbayan cannot order the suspension of a Member of Congress who has a pending case before it for
violation of the Anti-Graft and Corrupt Practices Act. 202
187 Avelino
Electoral Tribunal
1.
2.
G.
1.
If a losing candidate for Senator filed a protest against all winners, the Senators who are Members of the Senate
Electoral Tribunal cannot be disqualified on the ground of bias. 203
A political party can have the Member of the Electoral Tribunal belonging to it replaced at any time during the
pendency of an electoral contest. 204
The Electoral Tribunals have the power to promulgate rules of procedure, including the period for filing an election
protest. 205
The Supreme Court can review the decisions of the Electoral Tribunals. 206
The House of Representatives Electoral Tribunal has jurisdiction to decide whether the nominee of a party-list
organization who has assumed office is a bona fide representative of the marginalized and unrepresented
sectors. 207
The Electoral Tribunals have no jurisdiction to decide whether the substitute for a candidate who withdrew complied
with the statutory requirement that he belong to the same party.208
A losing candidate for Congress who claimed that the proclamation of the winning candidate was void because it
was based on an incomplete canvass, must raise this issue in the Electoral Tribunal. 209
The Commission on Elections loses jurisdiction over a petition to disqualify a candidate for Congress once the
candidate has been proclaimed as winner and has assumed office. 210
Commission on Appointments
One of these statements is incorrect:
a.
b.
c.
d.
The representatives of the political parties in the Commission on Appointments can be reorganized in case of a
temporary alliance of some political parties. 211
The representatives of political parties in the Commission on Appointments can be reorganized at any time that
there is a permanent change in their political alignment. 212
For a political party to be entitled to be represented in the Commission on Appointments, its incumbent Members of
the House to which they belong should constitute at least one-twelfth of the entire composition of the House. 213
In the allocation of the seats of political parties in the Commission on Appointments, fractional seats cannot be
rounded off to a whole seat.214
H. Powers of Congress
1.
The bill which need not originate exclusively from the House of Representatives is:
a.
b.
c.
d.
203 Abbas
3. The power of the Senate to propose or concur with amendments in a revenue bill does not include:
a.
b.
c.
d.
Congress may increase the appropriations recommended by the President for the operation of the Government as
specified in the budget. 227
No provision shall be embraced in the general appropriations bill unless it relates specifically to a particular
appropriation in it. 228
Any provision in the general appropriations bill shall be limited in its operation to the appropriation to which it
relates. 229
The procedure in approving appropriation for Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies. 230
A special appropriations bill shall specify the purpose for which it is intended and shall be supported by funds
actually available as certified by the National Treasurer or to be raised by a corresponding revenue proposal.231
No law shall be passed authorizing any transfer of appropriations. 232
Discretionary funds may be disbursed at the discretion of the public officers to whom they were given. 233
If by the end of a fiscal year Congress fails to pass the general appropriation bill for the ensuing fiscal year, the
general appropriations bill shall be deemed re-enacted until a general appropriations bill is passed. 234
A Member of Congress may be authorized to ask the President of the Senate or the Speaker of the House of
Representative to re-align the appropriation for the operational expenses of his office to another expense. 235
The Chief of Staff may be authorized to augment an item from savings from other items. 236
The Deputy Executive Secretary may be authorized to augment an item from savings from other items 237
The Ombudsman may be authorized to augment an item from savings from other items 238.
This provision which may not be included in the general appropriations bill is:
219
This provision which may be included in the general appropriations act is:
a.
b.
c.
d.
9.
A provision regulating the reversion to inactive status of officers in the Armed Forces of the Philippines. 239
A provision prohibiting the President from restoring an item in the proposed budget which was abolished by
Congress or from increasing an item in the proposed budget which was reduced by Congress. 240
A provision prohibiting the use of the funds appropriated for payment of the national debt to pay for the debts of the
Central Bank of the Philippines. 241
A provision limiting to 30 percent of the appropriation for public works the amount to be contracted for maintenance
of roads and bridges. 242
A provision repealing the Presidential Decrees automatically appropriating funds for payment of the national debt.243
A provision requiring the deactivation of the Civilian Armed Forces Geographical Unit. 244
A provision requiring congressional approval for the release of funds for the modernization of the Armed Forces of
the Philippines, 245
A provision requiring compliance by the Armed Forces of the Philippines with the Generic Act in the purchase of
medicines. 246
The Toll Regulatory Board cannot stipulate in a contract that it will pay a tollway operator the difference between its
actual collections and the amount it should have been allowed to collect. 247
The Presidential Decrees automatically appropriating funds to pay for the national debt were repealed by the
Constitution. 248
No public funds may be paid to any priest, preacher, minister or dignitary as such except when he is assigned to the
Armed Forces of the Philippines, to any penal institution, to a government orphanage, or to a leprosarium. 249
Public funds may be appropriated for a legitimate secular purpose even if it might incidentally benefit a religious
sect. 250
All money collected on any tax levied for a special purpose shall be treated as a special fund and shall be paid out
for such purpose only.251
If the purpose for which a special fund was created has been fulfilled or abandoned, the balance shall be refunded
to the taxpayers. 252
Public funds cannot be appropriated to build a road in a private subdivision. 253
A tax cannot be levied to be used as capital contribution to a private corporation to enable it to pay its debts. 254
11. The provision in a bill is not reflected in its title in the case of:
a.
b.
c.
d.
A provision in an act to amend and compile the laws relating to lands of public domain referred to private lands.255
A provision in the act to provide means for increasing the highway special law granted a partial exemption.256
The provision repealing the franking privilege of the judiciary was not mentioned in the act creating the Philippine
Postal Corporation. 257
A provision in a law act to expand the scope of the value added tax repealed an exception from such tax.258
239
The provision in a bill is not reflected with title in the case of:
a.
b.
c.
d.
13.
14.
A provision in an act amending the law creating the Government Services Insurance System granted retirement
benefits to Members of Congress. 259
A provision in the act which converted a municipality, which has a population of at least 250,000 into a city made it a
new legislative district. 260
A provision in the Organic Act for the Autonomous Region in Muslim Mindanao provided for reorganization of the
other remaining regions. 261
A provision in a law further defining the jurisdiction of the Sandiganbayan eliminated the requirement that ranking
officers of the Philippine National Police be changed as principal to fall within its jurisdiction. 262
A provision in an act creating a municipality in a province included in its territory portions of municipalities in another
province. 263
A provision in an act providing for a general registration of voters provided that no election officer shall hold office in
a particular city or municipality for more than four years. 264
An act creating a city by merging the Municipalities of Bacon and Sorsogon did not provide for the abolition of the
municipalities. 265
A provision in the act providing for fair elections practices repealed the provision considering an elective official who
runs for another office as resigned upon the filing of his certificate of candidacy.266
A law is not rendered invalid because in enacting it Congress disregarded its internal rules of procedure. 267
Congress cannot suspend a rule of procedure if it will violate a constitutional provision. 268
Congress cannot suspend a rule of procedure if it will violate the rights of private parties. 269
The rules of procedure of Congress are judicially enforceable. 270
15.
One of
these statements is not correct:
a.
b.
c.
d.
a.
b.
c.
d.
16.
An enrolled bill is conclusive upon the Judiciary because of separation of powers. 271
If there was a mistake in printing a bill before it was certified by the officers of Congress and approved by the
President, the Judiciary can correct the mistake. 272
If the President of the Senate invalidated his signature on the enrolled bill because it was not the bill approved by
Congress and the President withdrew his approval of the bill, the rule that an enrolled bill is conclusive upon the
Judiciary is not applicable. 273
The principle that an enrolled bill is conclusive upon the Judiciary is not applicable to a congressional proposal to
amend the Constitution. 274
The President can certify to the necessity of the immediate enactment of a bill to meet a public calamity or
emergency. 275
259
18.
b.
c.
d.
The Bicameral Conference Committee can reconcile the differences regarding the rate of a tax in the two versions of
a bill by retaining the lower rate and providing for its increase to a higher rate upon fulfillment of certain
conditions. 283
The Bicameral Conference Committee cannot settle the differences in the provisions of two bills by eliminating both
provisions in the final form of the bill. 284
The Bicameral Conference Committee can reconcile the differences between a bill which placed a limitation on a tax
credit and the other bill which did not place a limitation on the tax credit by reducing limitation on the tax credit. 285
The Bicameral Conference Committee can settle the differences between two bills by adopting completely the
provisions of either of them. 286
20.
The constitutional prohibition against the introduction of amendments to a bill upon the third reading does not extend
to amendments by the Bicameral Conference Committee. 279
An amendment to a bill on a matter which was not subject of any differences in the versions of the two Houses of
Congress may be introduced by the Bicameral Conference Committee is valid. 280
The Bicameral Conference Committee can reconcile differences in the bills approved by the Senate and the House
of Representatives by substituting them with another bill so long as it is germane to the subject of the bills.281
The report of the Bicameral Conference Committee is not valid if it disregarded the internal rules of procedure of
Congress. 282
19.
The factual basis of the certification by the President is subject to judicial review in the absence of grave abuse of
discretion. 276
The certification by the President dispenses with the requirement that the three (3) readings be held on separate
days and the printed copies of a bill in its final form be distributed to the Members of Congress three days before the
third reading. 277
The certification sent by the President to the Senate for the immediate enactment of the tax bill which originated
from the House of Representatives, is not valid if it referred to the substitute bill in the Senate. 278
276
22.
c.
d.
25.
The requirement of uniformity in taxation is similar to the guarantee of equal protection. 299
Taxation is equitable when its burden falls on those better able to pay. 300
Taxation is progressive when its rate goes higher depending on the resources of the person affected.301
Exempting the sale of agricultural products, food item, petroleum, medical and veterinary services, and the sale of
real property for low-cost housing violates the requirement of uniformity in taxation. 302
24.
In a revenue bill, an item does not refer to an entire provision but to the subjects of the tax and the rate of the tax.295
The President cannot veto a part of an item in an appropriation bill and allow the item to remain. 296
The President cannot veto a provision in the general appropriations act which is not a budgetary appropriation but is
a policy matter. 297
The President cannot veto a condition attached to an item in the general appropriations act which is germain to the
item and allow the item to remain. 298
23.
A law imposing a sixty-month period for claiming the input tax for the purpose of the value added tax on imported
capital goods acquired for more than one million pesos does not violate the requirement of uniformity. 307
A law subjecting payments by the government for taxable transactions to a five percent creditable withholding tax
instead of value added tax does not violate the requirement of uniformity. 308
A law which allows individual taxpayers to claim forty percent of their gross income as deduction for expenses
while corporate taxpayers are allowed only to claim specified items as deductions does not violate the requirement
of uniformity.309
A law which taxed existing brands of cigarettes on the basis of their net retail price on October 1, 1996 without a
provision for adjustments despite increases in their net retail price afterwards and which taxed new brands on the
basis of their net retail price at the time of their introduction violates the requirement of uniformity. 310
294
Ibid
Commissioner of Internal Revenue vs. Court of Tax Appeals, 185 SCRA 329
296 Bengzon vs. Drilon, 208 SCRA 133
297 Philippine Constitution Association vs. Enriquez, 235 SCRA 506
298 Ibid
299 Sison vs. Ancheta, 130 SCRA 654
300 Reyes vs. Almanzor, 176 SCRA 322
301 Ibid
302 Tolentino vs. Secretary of Finance, 249 SCRA 628
303 Tolentino vs. Secretary of Finance, 249 SCRA 630
304 Sison vs. Ancheta, 170 SCRA 654
305 Commissioner of Internal Revenue vs. Court of Appeals, 261 SCTA 236
306 Tiu vs. Court of Appeals, 301 SCRA 278
307 Abakada Guro Party List vs. Ereneta,469 SCRA 1
308 Ibid
309 Tan vs. Del Rosario, 237 SCRA 324
310 British American Tobacco vs. Camacho, 562 SCRA 511
295
26.
The power of Congress to conduct investigations in aid of legislation is not subject to one of the following limitations:
a.
b.
c.
d.
27.
d.
Members of the Supreme Court are excluded from the scope of the power of legislative investigation. 323
Because of the right to privacy, Congress cannot investigate a purely private affair. 324
Congress cannot conduct an investigation that will violate the right against self-incrimination of the witness
appearing before it. 325
Congress cannot compel Members of the Cabinet to appear in an investigation in aid of legislation. 326
30.
29.
The subject matter must be one on which Congress can legislate. 315
The question is relevant to the subject matter under investigation316
Congress has already passed a law on the subject matter of the investigation. 317
The rules of procedure must be duly published. 318
The power of Congress to conduct investigations in aid of legislation is not subject to the following limitations:
a.
b.
c.
d.
28.
Charitable institutions, churches and parsonages or convents appurtenant to them, mosques, non-profit
cemeteries, and all lands, buildings, and improvements actually, directly, and exclusively used for religious,
charitable or educational purposes are not exempt from income taxation. 311
The exemption from taxation under Section 28 (3), Article VI of the Constitution is limited to real property tax. 312
If the director of a school and his family are living in a portion of the school building it is not exempt from real
property tax. 313
Where sixty percent of the beds in a hospital are used for charity patients and the money from paying patients is
donated to its charitable purpose but a portion of its building and the land on which the building stands are being
leased for commercial purposes, the portions of the properties that are being leased are not exempt from real
property tax. 314
One of these statements regarding the requirement of publication of the rules of procedure regarding legislative
investigations is correct:
311
32.
b.
c.
d.
Executive privilege is the power of the President to withhold information from the public, the courts and
Congress. 339
The power to invoke executive privilege is limited to the President.340
Executive privilege includes presidential communication privilege and deliberative process privilege. 341
Executive privilege cannot be invoked impliedly by the President. 342
b.
c.
d.
34.
A witness cannot invoke his right to privacy if he is being investigated about his acts in the performance of his
duties as a public officer. 335
A witness cannot invoke his right to privacy in an investigation regarding investments in securities. 336
In an investigation in aid of legislation, a witness cannot invoke his right against self-incrimination until an
incriminating question is asked. 337
Congress can compel a Member of the Cabinet to appear in an investigation in the exercise of its oversight
function. 338
33.
The rules of procedure must be published in each Congress unless they clearly state that they shall be effective in
subsequent Congresses or until they are amended or repealed. 331
The requirement of publication can be complied with by publishing the rules of procedure through the internet. 332
Before the publication of the rules of procedure, only the proceedings that result in violation of the rights of
witnesses are void. 333
The requirement of publication of the rules is not complied with by publishing them in booklet form available to
anyone for free. 334
Presidential communications privilege pertains to communications, documents or other materials which reflect
presidential decision-making and deliberations and what the President believes should remain confidential.
Deliberative process privilege includes advisory opinions, recommendations, and deliberations comprising part of
a process by which governmental decisions and policies are formulated. 343
Presidential communications privilege applies to decision-making of the President. Deliberative process privilege
applies to decision-making of executive officials. 344
Both presidential communications privilege and deliberative process privilege are based on separation of
powers. 345
Unlike the deliberative process privilege, presidential communications privilege applies to documents in their
entirety, and covers final and post-decisional materials, as well as pre-deliberative ones. 346
The communications relate to a quintessential and non-delegable power of the President. 347
The communications are received by a close adviser of the President or the President. 348
There is no adequate showing of a compelling need that will justify limitation of the privilege and of the
unavailability of the information elsewhere by an appropriate investigating authority. 349
331
Garcillano vs. House of Representatives Committee on Public Information,, 575 SCRA 170
Ibid
333 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 564 SCRA 152
334 Garcillano vs. House of Representatives Committee on Public Information, 575 SCRA 170
335 Sabio vs. Gordon, 504 SCRA 704
336 Standard Chartered Bank vs. Senate Committee on Banks, Financial Institutions and Currencies, 541 SCRA 546
337 Sabio vs. Gordon, 504 SCRA 704.
338 Senate of the Philippines vs. Ermita, 488 SCRA 1
339 Senate of the Philippines vs. Ermita, 488 SCRA 1
340 Ibid
341 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 549 SCRA 77
342 Senate of the Philippines vs. Ermita, 488 SCRA 1
343 Neri vs. Senate Committee on Accountability of Officers and Investigations, 549 SCRA 77
344 Ibid
345 Ibid
346 Ibid
347 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 549 SCRA 77.
348 Ibid
349 Ibid
332
36.
Legislative investigations involve the right of the people to information, because it gives them access to
information on matters of public concern which they can use to formulate their opinions on those matters and to
communicate them to Congress and other government officials. 351
The right of the people to information is limited by executive privilege. 352
The right of the public to information is broader than the right of Congress to information in the exercise of its
power of investigation. 353
When Congress seeks information from heads regarding matters pertaining to their departments, it is exercising
its oversight function. 354
One of these statements regarding the oversight power of Congress is not correct:
a.
b.
c.
d.
IV.
In the exercise of legislative scrutiny, Congress may request information from other branches of government to
determine the economy and efficiency of their operations. 355
Investigation implies investigation and monitoring of the implementation of laws pursuant to the power to conduct
inquiries in aid of legislation. 356
Supervision involves continuing and informed awareness on the part of Congress of executive operations, and
allows scrutiny of the exercise of the delegated powers. 357
A law giving Congress the power to approve or disapprove regulations is valid. 358
Executive Department
A.
Presidential Immunity
1.
B.
A party cannot prevent the President from prosecuting him by invoking the presidential immunity from suit,
because only the President can invoke it. 359
A Member of the Cabinet who was sued cannot invoke the presidential immunity from suit. 360
The presidential immunity from suit is concurrent with the term of office of the President. 361
Presidential immunity from suit does not prevent the prosecution of the President for criminal acts he committed
during his incumbency. 362
A law granting the Department of Justice power to grant immunity from prosecution to a person who will be used
as a state witness is valid. 363
The powers of the President are not limited to the specific powers enumerated in the Constitution. 364
The President has unstated residual powers which are implied from the grant of executive power and which are
necessary for compliance with the constitutional duties of the President. 365
The President can issue an Executive Order authorizing the Commission on Higher Education to supervise review
centers. 366
350
Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 564 SCRA 152
Senate of the Philippines vs. Ermita, 488 SCRA 1
352 Ibid
353 Ibid
354 Ibid
355 Beltran vs. Makasiar, 167 SCRA 393
356 Gloria vs. Court of Appeals, 338 SCRA 5
357 Estrada vs. Desierto, 356 SCRA 108
358 Ibid
359 Beltran vs. Malcasiar, 167 SCRA 393
360 Gloria vs. Court of Appeals, 338 SCRA 5
361 Estrada vs. Desierto, 356 SCRA 108
362 Estrada vs. Desierto, 353 SCRA 452
363 Webb vs. de Leon, 247 SCRA 652
364 Marcos vs. Manglapus, 177 SCRA 668
365 Marcos vs. Manglapus, 178 SCRA 760
366 Review Center Association of the Philippines vs. Ermita, 583 SCRA 428
351
law decreasing the salary of the President shall not take effect until after the term of office of the incumbent
President. 368
c.The President cannot receive any other emoluments from the government or any other source during his term.369
d.The President, the Vice President, the Members of the Cabinet and their deputies and assistants cannot directly or
indirectly practice any other profession during their terms. 370
The President, the Vice President, the Members of the Cabinet, and their deputies and assistants can
another office if it is authorized by the Constitution. 371
The President, the Vice President, the Members of the Cabinet, and their deputies and assistants can
another office if it is being held in an ex officio capacity. 372
The President, the Vice President, the Members of the Cabinet, and their Deputies and assistants cannot
another office even if there is no compensation attached to the office.373
The President, the Vice President, the Members of the Cabinet, and their deputies and assistants can
another office if it is authorized by law.374
hold
hold
hold
hold
D.
Power of Appointment
1.
2.A President can appoint his relatives within the fourth degree of affinity or consanguinity as:
367
a.
b.
c.
d.
The President cannot appoint a relative by consanguinity or affinity within the fourth degree as chairman or head of
bureau or office,387
The President cannot appoint a relative by consanguinity or affinity within the fourth degree as chairman or head of
government-owned or controlled corporations and their subsidiaries. 388
No member or the Armed Forces of the Philippines in the active service can be appointed to a civilian position,
including government-owned or controlled corporations or their subsidiaries. 389
The President cannot appoint a relative by consanguinity or affinity within the fourth degree as a member of the
Judiciary. 390
6.
Only the officers mentioned in the first section of Section 16, Article VII of the Constitution are required to be
confirmed by the Commission on Appointments. 395
A law cannot expand the list of the officers required by the Constitution to be confirmed by the Commission on
Appointments. 396
The President cannot appoint a Secretary of a Department in an acting capacity when Congress is in session. 397
An ad-interim appointment which is subject to confirmation by the Commission on Appointments made when
Congress is not in session is a permanent appointment. 398
An ad interim appointment which is subject of confirmation by the Commission on Appointments will cease to be
effective upon its disapproval by the Commission on Appointments or upon the next adjournment of Congress. 399
An appointment is not complete and can be withdrawn unless it has been accepted. 400
A law authorizing the remaining members of the board of a public corporation to fill any vacancy in the board is
valid. 401
383
1.
c.
d.
2.
The power to suspend the privilege of the writ of habeas corpus. 407
The power to proclaim martial law. 408
The power of executive clemency. 409
The power to sign any foreign loan agreement.410
4.
The power of control means the power of the President to alter or modify or nullify or set aside what a subordinate
officer had done in the performance of his duties and to substitute the judgment of the former for that of the later. 403
Pursuant to the doctrine of political agency, the President can delegate his multifarious executive and administrative
functions except when he is required by the Constitution, by law or the exigencies of the situation to act personally,
to Members of the Cabinet and their acts in the regular course of business are presumptively acts of the President
unless disapproved by him. 404
By virtue of his power of control, the President can remove an officer who belongs to the civil service as a penalty in
an administrative case filed against the officer.405
By virtue of the power of control of the President, if a function is entrusted by law to a subordinate of the President,
the President may directly perform the function. 406
The power of the President which can be delegated is one of the following:
a.
b.
c.
d.
3.
If the method for appointing a public officer is unconstitutional, this will be considered as a case of an officer whose
appointment is not provided for by law. 402
Because of the power of control of the President, the decision of a Member of the Cabinet can be appealed to the
President. 411
The President cannot motu proprio review the decision of a Member of a Cabinet. 412
The right to appeal to the President from the decision of a subordinate officer may be limited by the Constitution, by
law, by rules of procedure issued by the Supreme Court, or by an executive order. 413
A law which makes the decision of an administrative agency in the exercise of its quasi-judicial powers appealable
directly to the Judiciary while the administrative agency remains subject to the control of the President in the
performance of its administrative function is valid. 414
Because of his power of control, the President can reverse the decisions of a government-owned or controlled
corporation. 415
The President cannot make the productivity incentive benefit of employees in the Executive Department uniform,
because it will encroach upon the authority of the Civil Service Commission to grant benefits to government
employees. 416
Because of the power of control of the President, the legal requirement that prosecutors to be appointed be
recommended by the Secretary of Justice is not obligatory. 417
Because of his power of control, the President can order the Executive Department to adopt a unified identification
card system to facilitate transactions with the government. 418
402
Ibid
Carpio vs. Executive Secretary, 206 SCTA 290
404 Ibid
405 Ang-Angco vs. Castillo, 9 SCRA 619
406 Chavez vs. Romulo, 431 SCRA 534
407 Villena vs. Secretary of the Interior, 67 Phil. 451
408 Ibid.
409 Ibid
410 Constantino vs. Cuisia, 472 SCRA 505
411 Orosa vs. Roa, 495 SCRA 22
412 Oliveros-Torre vs. Bayot, 58 SCRA 272
413 Phillips Seafood (Philippines) Corporation vs. Board of Investments, 578 SCRA 69
414 Cruz vs, Secretary of Environment and Natural Resources, 347 SCRA 128
415 National Marketing Corporation vs. Arca, 29 SCRA 648
416 Blaquera vs. Alcala, 295 SCRA 366
417 Bermudez vs. Torres, 311 SCRA 733
418 Kilusang Mayo Uno, vs. Director-General of the National Economic Development Authority, 487 SCRA 623
403
1.
G.
1.
The power of supervision means overseeing or the power or authority of an officer to see that subordinate officers
perform their duties. 419
The President can be authorized by law to investigate administrative cases against local elective officials and to
impose penalties upon them. 420
The Secretary of Justice can be authorized by law to review the constitutionality or legality of tax ordinances. 421
The Secretary of Budget and Management can issue a regulation limiting the amount of allowances which local
government units can grant to judges. 422
Emergency Powers
One of these statements is not correct:
a.
The President can order the Armed Forces of the Philippines to conduct patrols because of the high incidences of
violent crimes. 423
b.The President can proclaim the existence of a state of rebellion on the basis of his powers as chief executive and
commander-in-chief of the Armed Forces of the Philippines. 424
c.A proclamation of a state of rebellion is required before the President can call out the Armed Forces of the Philippines
to suppress the rebellion. 425
d.When a state of rebellion has been proclaimed, the President cannot order warrantless orders of persons except in
the circumstances authorized by the Revised Rules on Criminal Procedure. 426
2.One of these statements is not correct when the President has proclaimed a state of national emergency:
a.
b.
c.
d.
3
a.The two conditions for the suspension of the privilege of writ of habeas corpus and the proclamation of martial law are
that there is an invasion or rebellion and public safety requires it. 431
b.The President cannot suspend the privilege of the writ of habeas corpus or proclaim martial law in case of imminent
danger of invasion or rebellion. 432
c.The suspension of the privilege of the writ of habeas corpus applies only to persons judicially charged for rebellion or
offenses inherent in or directly connected with invasion. 433
d.During the suspension of the privilege of the writ of habeas corpus, any person arrested or detained must be judicially
charged within thirty days, otherwise, he shall be released. 434
4.
419
a.The duration of the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law shall
not exceed thirty (30) days. 435
b.Upon request of the President, by a majority vote of all the Members of Congress voting jointly, Congress can extend
the duration of the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law if the
invasion or rebellion persists and public safety requires it. 436
c.By a majority vote of all the Members of Congress voting jointly, Congress may revoke the s u s p e n s i o n o f t h e
privilege of the writ of habeas corpus or proclamation of martial law. 437
d.The Supreme Court may review the sufficiency of the factual basis of the suspension of the privilege of the writ of
habeas corpus or the proclamation of martial law. 438
5.
Executive Clemency
a.An absolute pardon must be accepted by the convict, since it might expose him to greater disgrace because of the
implied acceptance of guilt. 451
b.The absolute pardon granted to an assistant treasurer convicted of estafa through falsification of a public document
does not entitle her to reinstatement to her former office and payment of back wages. 452
c.A convict granted a pardon on condition that he would not again violate any penal law of the Philippines cannot be
declared to have violated the condition in the absence of a judgment by final conviction for a new offense. 453
435
d.The
determination by the President that a convict violated the condition of his pardon is not subject to judicial
review. 454
President cannot pardon a civil contempt for it involves an order necessary to secure the rights of an injured
litigant. 459
b.Reprieve is the postponement of the execution of a judgment. 460
c.Commutation is a remission of a part of the punishment and a substitution of a lesser penalty for the one originally
imposed. 461
d.Acceptance by the convict is required for validity of commutation. 462
c.Amnesty is a pardon granted by the government to a group or class of person, usually for a political offense. 465
d.A person who applies for amnesty is not deemed to have admitted his guilt.466
7.One of these statements is not correct:
a.Pardon is given to individual persons, while amnesty is given to a class of persons. 467
b.Pardon can be granted to all classes of offenses, while amnesty is granted for political offenses. 468
c.Pardon is granted by the President; a proclamation of amnesty by the President requires the
Congress. 469
d.Courts should take judicial notice of both pardons and amnesties. 470
concurrence of
may be granted only after conviction by final judgment; amnesty may be granted before the institution of
criminal prosecution and even after conviction by final judgment. 471
b.Pardon looks forward and relieves the offender from the consequences of an offense; amnesty looks backward as
though the offender did not commit an offense.472
c.Pardon does not restore the right to hold public office and the right to vote unless they are expressly restored by the
pardon. 473
454
Ibid
Torres vs. Gonzales, 152 SCRA 272
456 Llamas vs. Orbos, 202 SCRA 844
457 In re Romillo, Jr., G.R. No. 97091, December 9, 1997
458 Ex Parte Grossman, 267 U.S. 86
459 Ex Parte Grossman, 267 U.S. 86
460 Director of Prisons vs. Judge of First Instance of Courts, 29 Phil. 265
461 People vs. Vera, 65 Phil. 56
462 Cabantog vs. Wolfe, 6 Phil 273
463 Drilon vs. Court of Appeals, 202 SCRA 378
464 Tanada and Carreon, Political Law of the Philippines, Vol. 1, p. 334
465 Blacks Law Dictionary, 9th ed., p. 98
466 People vs. Salig, 133 SCRA 591
467 People vs. Casido, 269 SCRA 360
468 Ibid
469 Ibid
470 Ibid
471 People vs. Casido, 269 SCRA 360
472 Ibid
473 Ibid
455
d.Pardon exempts the convict from payment of the civil indemnity imposed upon him in the decision.474
H.
Diplomatic Powers
Judicial Department
A.Judicial Power
1.One of these statements is not correct:
a.Judicial power is the authority to resolve justiciable controversies or disputes involving rights that are enforceable and
demandable before the courts of justice or the redress of wrongs for violation of such rights. 483
b.The President cannot review the correctness of the decisions of the Supreme Court. 484
c.The Supreme Court can be asked to decide whether a bill pending in Congress is unconstitutional. 485
d.When the Supreme Court restrains the execution of a final judgment of conviction, it is not encroaching
presidential power to grant reprieves, because it has power to control the execution of the decision. 486
upon the
B.Judicial Review
1.
a.Judicial review is the power of a court to review the actions of other branches or levels of government, especially its
power to invalidate legislative and executive actions as being unconstitutional. 487
b.By judicial supremacy, the Judiciary does not assert superiority over the other departments and does not really
invalidate the act of the other departments but only asserts the obligation assigned to it by the Constitution to
determine conflicting claims of authority under the Constitution and to establish for the parties in an actual
controversy the rights which the Constitution guarantees to them. 488
c.The Regional Trial Court cannot declare a law unconstitutional. 489
474
Ibid
475 Akbayan
d.Judicial
self-restraint means that a judge, in applying constitutional limitations, must restrain himself and leave
maximum of freedom to those agencies of the government whose action he is called upon to review. 490
2.One of these statements regarding the requirements of judicial review is not correct:
a.There must be an actual controversy calling for the exercise of judicial power. 491
b.The question of constitutionality must be raised by the proper party. 492
c.The constitutional question must be raised at the earliest opportunity.493
d.It need not be necessary for the determination of the case.494
3.One of these statements regarding the existence of an actual controversy is not correct:
a.There is no actual controversy regarding the power given to the Secretary of Education by Act No. 2700 to revoke the
permits of schools when he has not revoked or threatened to revoke the permit of any school. 495
is no actual controversy involving the provision in the Organic Act for the Autonomous Region in Muslim
Mindanao which provided that in case of conflict between national law and Muslim law, the former shall prevail. 496
c.There is no actual controversy involving the provision in the Urban Development and Housing Act, which requires
providing squatters with a relocation site, before their eviction, if no such assertion has been made by a squatter
who was being evicted. 497
d.There is no actual controversy involving invocation of the executive privilege by the President in an investigation of
Members of the Cabinet, if they had refused to testify in the absence of any consent form the President. 498
b.There
4.
One of these statements regarding the existence of an actual controversy Is not correct:
a.Whether the municipal mayor who has served for two consecutive terms can run for three consecutive terms as city
mayor upon the conversion of the municipality to a city during his second term cannot be resolved until he actually
runs. 499
b.A resolution approved by the House of Representatives calling upon the Members of Congress to convene to propose
amendments or revisions to the Constitution cannot be questioned, if Congress has not yet convened and proposed
amendments or revisions to the Constitution. 500
c.Parties who have not been prosecuted or threatened to be prosecuted for violation of the Human Security Act cannot
question its constitutionality. 501
d.The question of the validity of the approval of the assignment of a franchise by the President and its modification by
the Toll Regulatory Board instead of Congress does not present an actual controversy.502
5.
One of these statements regarding the ripeness of an issue for adjudication is not correct:
a.
Ripeness centers on the question of whether a case involves uncertain contingent events that may not occur as
anticipated or may not occur at all. 503
b.The aspect of ripeness involves the fitness of the issues for judicial decision and the hardship to the parties entailed
by withholding court consideration. 504
c.For a case to be considered ripe for adjudication, something must have been performed by a branch of the
government and the plaintiff must allege there is an immediate or threatened injury to the plaintiff as a result of the
challenged action. 505
d.The validity of the unsigned memorandum of Agreement between the Government of the Republic of the Philippines
and the Moro Islamic Liberation Front was not yet ripe for adjudication despite the allegations that it seriously
violated the Constitution. 506
490
491
492
493
494
495
Philippine Association of Colleges and Universities vs. Secretary of Education, 97 Phil. 806
vs. Commission on Elections, 179 SCRA 282
497 Macasiano vs. National Housing Authority, 224 SCRA 236
498 Senate of the Philippines vs. Ereneta, 488 SCRA 1
499 Mariano vs. Commission on Elections, 242 SCRA 211
500 Lozano vs. Nograles, 589 SCRA 356
501 Southern Hemisphere Networks, Inc. vs. Anti-Terrorism Council, 632 SCRA 146
502 Francisco vs. Toll Regulatory Board, 633 SCRA 470
503 Lozano vs. Nograles, 582 SCRA 356
504 Ibid
505 Province of North Cotabato vs. Government of the Republic of the Philippines Peace Panel on Ancestral Domain, 568 SCRA 402
506 Ibid
496 Abbas
law affecting its members, because there is no fusion between the identities of the association and of its
members. 519
b.A citizen can question the constitutionality of a law involving the natural resources of the Philippines, because they are
the national patrimony of the Filipinos. 520
c.Members of Congress can question the constitutionality of executive action which encroaches upon their powers. 521
d.Members of Congress can question the validity of a presidential veto of the General Appropriations Act.522
a.Senators can question an executive order which limits their power to conduct legislative investigations. 523
b.A Senator can question the constitutionality of an executive order on the ground that its subject should be the subject
of legislation. 524
c.A Senator can question the operations of jai alai games by the Philippine Amusement and Gaming Corporation on the
ground that it is not authorized by its franchise and should obtain a legislative franchise. 525
who is a Member of the Commission on Appointments can question its composition on the ground that
representation of the House of Representatives was not proportional. 526
d.A Senator
13.One of these is not a ground for deciding a case on the merits even if it has become moot:
a.There is a grave violation of the Constitution. 535
b.The character of the situation is exceptional and paramount public interest is involved.536
c.The constitutional issue raised requires formulation of controlling principles to guide the
public. 537
d.The case may not be re-litigated soon. 538
523
c.An unconstitutional law confers no rights, imposes no duties, and affords no protection. 541
d.As an exception, as a matter of equity and fairness, the actual enforcement prior
to its determination of
unconstitutionality of a law is an operative fact and may have consequences which cannot always be erased by the
subsequent ruling of invalidity. Acts done in reliance of its presumed validity should be recognized. 542
acts done by a municipality whose creation was later on declared unconstitutional should be recognized and
given effect. 543
b.An action to collect payment of a debt which would have prescribed had it not been for the enactment of a moratorium
law which was later on declared unconstitutional can still prosper. 544
c.The case filed against an accused who was acquitted by a court order before it was ruled that its creation is
unconstitutional cannot be refilled, as otherwise he would be placed in double jeopardy. 545
d.The funds collected pursuant to a law which imposed a levy upon buyers of fertilizers to be given as capital
contribution to a private corporation in financial distress cannot be recovered after
the law was declared
unconstitutional. 546
C.Judicial Independence
1.One of these statements is not correct:
a.Congress has absolute discretion to reorganize the Judiciary.547
b.Congress cannot deprive the Supreme Court of its jurisdiction over cases enumerated in the Constitution.548
c.The fiscal autonomy of the Judiciary is guaranteed. 549
d.Only the Supreme Court can assign judges of lower courts temporarily to other stations.550
2.One of these statements is not correct:
a.Congress can repeal, alter or supplement the rules of procedure promulgated by the Supreme Court.551
b.It is the Supreme Court who has the power to appoint the officials and employees of the Judiciary. 552
c.The Supreme Court has administrative supervision over all courts and their personnel.553
d.The salary of the Justices of the Supreme Court and of judges of the lower courts cannot be decreased during their
continuance in office. 554
b.The Supreme Court has exclusive power to discipline judges of lower courts.556
c.The salaries of the Members of the Supreme Court and judges of the lower courts are exempt from income tax.557
d.The Members of the Supreme Court can be removed from office only by impeachment. 558
4.One of these statements concerning the fiscal autonomy of the Judiciary is not correct:
a.The appropriation for the Judiciary may not be reduced below the amount appropriated for the previous year.559
541
b.The appropriation for the Judiciary must be automatically and regularly released. 560
c.The Supreme Court can assess fees. 561
d.Congress can pass a law exempting government-owned and controlled corporations from legal fees imposed by the
Supreme Court. 562
5.One of these statements regarding the fiscal autonomy of the Judiciary is not correct:
a.The Supreme Court has the flexibility to allocate and utilize its resources as the needs of the Judiciary requires. 563
b.The Supreme Court can fix the rates of compensation in the Judiciary in amounts not exceeding the highest rates
authorized by law and salary policies of the government. 564
c.The President cannot veto the amount appropriated by Congress to pay for the adjustment in retirement benefits of
Members of the Supreme Court. 565
d.The Chief Justice cannot use savings from an item in the appropriation to augment another item.566
D.Appointments to the Judiciary
1.One of these statements is not correct:
a.The principal function of the Judicial and Bar Council is to recommend appointees to the Judiciary. 567.
b.Congress can by law prescribe additional qualifications for Members of the Supreme Court.568
c.Any vacancy in the Supreme Court must be filled within ninety days from its occurrence.569
d.Any vacancy in the lower courts must be filled within ninety days from the submission of the list of nominees. 570
2.One of these statements is not correct:
a.Only natural-born-Filipino citizens can be appointed to the Supreme Court, the Court of Appeals, the Sandiganbayan,
and the Court of Appeals. 571
b.Only natural-born-Filipino citizens can be appointed Judges of the Regional Trial Court. 572
c.A naturalized Filipino citizen can be appointed Judge of the Metropolitan Trial Court. 573
d.The Judicial and Bar Counsel should submit at least three nominees for a vacancy in the Judiciary. 574
Ibid
Bengzon vs. Drilon, 208 SCRA 133
562 In re Petition for Recognition of the Exemption of the Government Service Insurance System from Payment of Legal Fees, 612 SCRA 193
563 Bengzon vs. Drilon, 208 SCRA 133
564 Ibid
565 Ibid
566 Ibid
567 Section 8 (5), Article VIII of the Constitution
568 Section 8 (7), Article VIII of the Constitution
569 Section 4 (1), Article VIII of the Constitution
570 Section 9, Article VIII of the Constitution
571 Section 7 (1), Article VIII of the Constitution
572 Section 7 (2), Article VIII of the Constitution
573 Section 7 (2), Article VIII of the Constitution
574 Section 9, Article VIII of the Constitution
575 Section 4, Article VII of the Constitution
576 Section 4 (2), Article VII of the Constitution
577 Section 4 (3), Article VII of the Constitution
578 Ibid
579 Section 4 (3), Article VIII of the Constitution
561
b.An
administrative case against a judge of a lower court in which the penalty is dismissal shall be decided by the
Supreme Court en banc. 580
c.A law can be declared unconstitutional by the Supreme Court on the basis of the vote of the majority of those who
actually took part. 581
d.The decision of a division can be appealed to the Supreme Court en banc.582
F.Supreme Court
1.One of these statements is not correct:
a.A
law disqualifying Members of the Supreme Court from participating in the adjudication of certain cases on the
grounds mentioned in it violates their security of tenure. 583
b.A law providing that disqualified members of the Supreme Court will be temporarily replaced by judges of the lower
courts is unconstitutional because it will create another Supreme Court. 584
c.The Presidential Electoral Tribunal, which was constituted by the Supreme Court to decide election contests involving
the President and the Vice President, is not separate and distinct from the Supreme Court. 585
d.Members of the Supreme Court may be designated to an agency performing quasi-judicial or administrative
functions. 586
b.The right of the children of a deceased person to ask for support during the settlement of his estate cannot be limited
by procedural rules to minors, because the right to ask for support beyond the age of majority is substantive. 592
of criminal liability is not waived by the failure of the accused to file a motion to quash, because the
extinguishment of a criminal liability involves a substantive right. 593
d.A procedural rule limiting the right of the prosecution to ask for the revival of a criminal case which was provisionally
dismissed to a period which is shorter than the period of prescription diminishes the substantive right of the State to
prosecute the accused. 594
c.Prescription
transfer of cases from one court to another does not affect the right to appeal and is merely procedural. 595
Supreme Court can make decisions in criminal cases in which the penalty imposed is reclusion perpetua
appealable to the Court of Appeals, because the rule-making power authorizes it to create another layer of appeal
b.The
580
of Habeas Data is the power to promulgate rules concerning the protection and enforcement of constitutional
rights. 599
b.Congress cannot pass a law providing for a special procedure to be followed by Regional Trial Courts designated as
Special Agrarian Courts. 600
c.Section 90 of the Local Government Code, which prohibits provincial board members and councilors who are lawyers
from handling cases against their own local government units, does not encroach upon the exclusive authority of the
Supreme Court to regulated the practice of law, because it deals with the conduct of public officials to avoid conflict
of interest. 601
d.The circular issued by the Commission on Audit requiring government instrumentalities to get its written consent
before hiring a private lawyer does not encroach upon the exclusive authority of the Supreme Court to regulate the
practice of law, because it is intended to prevent unnecessary expenses. 602
b.A criminal complaint for reckless imprudence resulting in homicide can be filed against a judge without first filing an
administrative case in the Supreme Court, because it is not related to the performance of his duties. 604
c.An administrative case against a judge should not be dismissed in case he dies during its pendency. 605
d.The President can pardon a judge whom the Supreme Court found guilty in an administrative case. 606
VI.
Constitutional Commissions
Commission on Human Rights has the same status as the Civil Service Commission, the Commission on
Elections, and the Commission on Audit. 607
For the rotational scheme for the appointment of the Members of the Constitutional Commissions to work, it is
required that irrespective of the dates of the appointment and the qualification of the appointees, their terms should
start on a common date, February 2, the anniversary of the effectivity of the 1987 Constitution, and any vacancy
before the expiration of the term of an incumbent Member should be filled for the unexpired balance of the term. 608
The prohibition against appointment of a Member of the Constitutional Commission in a temporary capacity does
not disallow ad interim appointments. 609
The prohibition against reappointment of a Member of the Constitutional Commission does not apply in case of an
ad interim appointment that was bypassed by the Commission on Appointments 610
596
Institutional Independence
1.
a.
b.
c.
d.
Since the Constitutional Commissions were created by the Constitution, they cannot be abolished by
legislation. 611
The security of tenure of the Members of the Constitutional Commission is guaranteed by the Constitution. 612
Impeachment is not the only way by which an incumbent Member of the Constitutional Commissions can be
removed from office before the end of his term.613
The salaries of the Members of the Constitutional Commission may not be decreased during their terms. 614
a.
b.
c.
d.
The Constitutional Commissions are authorized to appoint their officials and employees in accordance with
law. 619
The Constitutional Commissions are authorized to promulgate their own rules concerning pleading and practice
before them. 620
A law requiring that the rules and regulations promulgated by the Constitutional Commissions to implement the
law pertaining to their functions be subject to approval by the Congressional Oversight Committee is valid. 621
The Supreme Court may disapprove the rules of procedure promulgated by the Constitutional Commissions. 622
C.
Decisions
a.
b.
c.
d.
A majority of the members of the Commission on Elections who actively took part in deciding a case en banc is
sufficient for the validity of the decision. 623
A resolution of the majority of the Members of Commission on Elections is valid even if the dissenting opinion
has not yet been submitted. 624
The decision denying a claim which was issued by the manager of an office in the Commission on Audit by
authority of its Chairman is void. 625
The decision of the Chairman of the Commission on Audit which denied a claim is not valid. 626
D.
Judicial Review
1.
611
a.
b.
c.
d.
2.
a.
b.
c.
d.
3.
a.
b.
c.
d.
E.
The power of the Supreme Court to review the decisions of the Constitutional Commissions is limited to cases
of lack of jurisdiction, excess of jurisdiction, and grave abuse of discretion amounting to lack of jurisdiction or
excess of jurisdiction. 627
The decision of a division of the Commission on Elections cannot be questioned before the Supreme Court,
because it is resolutions of the Commission on Election en banc that can be questioned before it.628
The Commission on Elections en banc can decide an election case in the first instance. 629
If the Commission on Elections included a pending pre-proclamation controversy in its Omnibus Resolution
dismissing such pending cases because of the commencement of the terms of office involved in them, the
petitioner should question the dismissal by filing a petition for certiorari. 630
The filing of a motion for reconsideration of the decision of a Constitutional Commission suspends the period to
file a petition for certiorari in the Supreme Court. but the period shall not be less than five days. 631
The Commission on Elections cannot adopt a regulation shortening the period to file a petition in the Supreme
Court. 632
The failure of an election cannot be decided by the Commission on Elections en banc in the first instance.633
Only decisions of the Commission on Elections in the exercise of its judicial or quasi-judicial functions can be
reviewed by the Supreme Court exclusively. 634
One of these statements is not correct:
A losing bidder can question the award of the Commission on Elections of a contract for the purchase of
election paraphernalia by filing an action in the Regional Trial Court. 635
The decision of the Commission on Audit to dismiss an employee cannot be questioned directly in the Supreme
Court, because it is not a decision involving money matters. 636
The election registrar who was questioning his transfer cannot file the case directly in the Supreme Court. 637
The Regional Trial Court has no jurisdiction over a petition questioning the validity of the resolution of the
Commission on Elections scheduling a plebiscite. 638
Prohibition
VII.
A Member of a Constitutional Commission cannot hold any other office or employment during his tenure. 639
A Member of a Constitutional Commission who is a lawyer cannot teach law during his tenure. 640
A Member of a Constitutional Commission cannot engage in the active management or control of any business
which may be affected by his function.641
A Member of a Constitutional Commission cannot be financially interested, directly or indirectly, in any contract
with or any franchise or privilege granted by the Government, any of its subdivisions, agencies or
instrumentalities, including government-owned or controlled corporations or their subsidiaries. 642
a.
b.
c.
d.
2.
a.
b.
c.
d.
B.Qualifications
1.One of these statements is not correct:
a.
b.
c.
d.
The Civil Service Commission cannot impose additional qualifications for a public office which are not imposed
by law. 651
The additional qualification for public office imposed by a new law can be applied retroactively. 652
The Civil Service Commission must approve an appointment to public office if the appointee meets the
minimum requirements of the law even if somebody else is more qualified. 653
Appointment to positions which are policy determining highly technical and primarily confidential are exempted
from competitive examinations. 654
C.Confidential Positions
1.
a.A primarily confidential position is characterized by the close proximity of the positions of the appointer and the
appointee, as well as the high degree of trust and confidence inherent in their relationship. 655
b.The tenure of a public officer holding a primarily confidential position is co-extensive with the confidence of the
appointing power. 656
c.A classification of public office as confidential made in a law is conclusive upon the Judiciary.657
d.The position of a political ambassador is primarily confidential. 658
a.The demotion of a public official without a valid cause violates his security of tenure. 667
b.A reassignment which is for an indefinite period and which results in reduction in
2.
a.A probationary
employee can be terminated during the probationary period for his conduct before his entry to
public service. 671
b.A law providing for the removal of public officers involved in revenue collection if the collection falls short of the
goal does not violate their security of tenure. 672
c.A public officer who does not possess eligibility for the position to which he was appointed is not entitled to
security of tenure. 673
d.The temporary appointment of a public officer who lacked civil service eligibility is not converted to a permanent
appointment by his acquisition of civil service eligibility. 674
E.Administrative Charges
1.One of these statements is not correct:
a.The
Civil Service Commission has jurisdiction over an administrative case against a president of a state
university.675
b.The Civil Service Commission has jurisdiction over an administrative case against a public school teacher.676
c.The Civil Service Commission has jurisdiction over an administrative case against a police officer for cheating in
the civil service examination. 677
d.The Civil Service Commission has jurisdiction over an administrative case against a court employee for cheating
in the civil service examination. 678
F.Prohibition
1.One of these statements is not correct:
a.
Employees in the civil service are prohibited from engaging directly or indirectly in partisan political
campaign. 679
663
a.A candidate
who lost in an election cannot be appointed to any office in the government or any governmentowned or controlled corporation or in any of their subsidiaries within a year after the election. 683
b.No public officer can receive double compensation unless it is specifically authorized by law. 684
c.A member of the board of a government-owned or controlled corporation cannot be paid allowances and bonuses
in addition to his per diem for meetings he attended unless it is specifically authorized by law. 685
d.The payment of allowances and bonuses to employees of the National Electrification Administration who were
designated to positions in electrical cooperatives which was made by the electric cooperative is valid. 686
3.
expenses incurred in the discharge of his duties violates the prohibition against payment of double
compensation. 687
b.A retired public officer who is receiving a pension can be paid compensation if he is given a new appointment to a
public office.688
c.A public officer cannot accept a gift from any foreign government without the consent of Congress. 689
d.An appointive official cannot hold any office in the government or government-owned or controlled corporation or
their subsidiaries unless it is allowed by law or by the primary function of his office. 690
VII.
Commission on Elections
B.Deputation of Prosecutors
1.One of these statements is not correct:
a.The Commission on Elections
680
c.A
state prosecutor who was deputized by the Commission on Elections cannot oppose the appeal by the
Commission on Elections from the dismissal of the case. 697
d.The annulment by the Commission on Elections of the resolution of a deputized prosecutor to file criminal cases
for vote-selling against the witnesses of the Commission on Elections in a vote-buying case against a candidate
is a revocation of his deputation. 698
a.The
Commission on Elections has no power to cite for contempt a newspaper reporter who wrote an article
criticizing the award of a contract for the purchase of ballot boxes. 699
b.The Commission on Elections can cite for contempt a public officer designated to take custody of ballot boxes for
disobeying its instruction not to open them except in the presence of the division superintendent of schools. 700
c.The Commission on Elections can cite for contempt an election officer who failed to appear to testify in the
hearings the Commission on Elections was conducting during the canvassing of the votes for Senators
because of allegation of fraud. 701
d.The Commission on Elections can investigate a public officer it deputized to be a member of a board of
canvassers because of alleged irregularities. 702
IX.
Commission on Audit
b.The
if the account of a public officer has been settled by the Commission on Audit, he can still be criminally
prosecuted for malversation. 711
697
b.If the Commission on Audit settles the account of a public officer, its decision is not conclusive for the purpose of
filing and administrative case against him. 712
c.The Commission on Audit has no power to decide the claim of a contractor for quantum meruit payment from the
government, because the claim is unliquidated. 713
pass upon the claim for payment of a seller of medical supplies to a
government hospital which is supported by invoices, because the claim is liquidated. 714
712
Ibid
F.F. Maacop Construction Company, Inc. vs. Court of Appeals, 266 SCRA 235
714 Euro-Med Laboratories, Phil., Inc. vs. Produce of Batangas, 495 SCRA 301
713