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SPC, Davao City Mr. AC Cayetano nd 2 Semester, SY 2012 General Directions: 1.

Read the questions carefully before you answer. 2. Write all answers in the answer sheets provided. 3. Erasures and superimpositions are given no credit.

PRELIM EXAM PS 100 December 2012

TEST I. MULTIPLE CHOICES. Choose the appropriate answer from the choices given below. Write only the letter of your preferred answer. A. B. C. D. E. Political law, history, state, rigid / inelastic, constitution of government Majority rule, divine right theory, State immunity, constitution of sovereignty, de facto government Constitutional law, territory, international law, parliamentary government, constitution of the Philippines Offensive/aggressive war, political theory, constitution, eminent domain, Almighty God Family, political science, government, independence of the judiciary, constitution of liberty

1. The law embodied in the Constitution as well as the principles growing out of the interpretation and application made by the courts of the provisions of the Constitution in specific cases. 2. It may be defined as fifty per cent plus one of the entire membership of a group. 3. It deals with the organization and operation of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. 4. It is believed to be as sacred and the basic social institution of society. 5. It is forbidden to be undertaken by the Republic of the Philippines. 6. The systematic study of the State and its elements and the relationship of these elements. 7. They are the entire body of doctrines relating to the origin, form, behavior and purposes of the State. 8. It provides knowledge of the past in seeking to interpret present and probable developments in political phenomena. 9. The State is created by the deities and all sovereign heads are ordained by them. 10. A fix portion in the surface of the earth. 11. It is through which the will of the State is formulated, expressed and carried out. 12. A body or rules and maxims in accordance with which the powers of sovereignty are regularly exercised. 13. It regulates the relations between and among independent States. 14. No one is permitted to sue the State without its consent. 15. It comprises people, territory, government and sovereignty. 16. A constitution that cannot be easily amended or changed by ordinary legislation. 17. A government that allows the integration of the executive and legislative powers into one single body. 18. The power to take or confiscate private property for public use. 19. It points out the religious nature of the Filipino people as they acknowledge the existence of a Supreme Being that guides their destinies and the destiny of their nation. 20. It sets forth the basic rights of the people. 21. It sets forth the organization of government and the cope, extent and limitations of its powers. 22. It sets forth the procedures by which a revision or amendment to the Constitution shall be made. 23. A written instrument by which the fundamental powers of government are established, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people. 24. A government that has not sufficiently demonstrated its compliance with the conditions set forth by the Community of Nations for the Recognition of a State. 25. It has to be taken as fiscal autonomy of the courts. A. Constitution of Government B. Constitution of Liberty C. Constitution of Sovereignty 26. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. 27. Private property shall not be taken for public use without just compensation. 28. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. 29. No ex post facto law or bill of attainder shall be enacted. 30. Philippine citizenship may be lost or reacquired in the manner provided by law. 31. The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war. 32. Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. 33. The rule of taxation shall be uniform and equitable. 34. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election. 35. The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose.

Prelim Exam

PS 100

2 Semester, SY 2012

nd

Cayetano

Page 2

36. No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter. 37. This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions. 38. The State may not be used without its consent. 39. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. 40. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. A. True B. False 41. The Filipino people believe that the Almighty God is simply watching over them in their journey as a nation. 42. The taking of private property by the State is always justified even if the use of such property is personal and private on the part of the government officials. 43. Men are supreme over the rule of law insofar as they are the only rational beings in the animal kingdom. 44. In times of war, military authority is supreme over the civilian authority insofar as the people need the protection of the armed forces. 45. The State recognizes the vital role of the youth in nation building. 46. The principle that ours is a government of laws and not of men simply entails that men are lawmakers and for that reason men are over and above the laws he made. 47. The family is a basic social institution for which reason the State has the solemn duty to protect its sanctity. 48. In a presidential form of government, the three fundamental powers of government are separately distributed to the three departments with the president exercising the executive powers. 49. The local government units enjoy local autonomy. 50. The independence of judiciary can only be guaranteed by way of ensuring its fiscal autonomy. 51. The non-suability of the State indicates that the State cannot be sued without its consent. 52. While a driver of an ambulance performs his duty of rushing a patient to a hospital but suddenly hit a pedestrian along the way, he can be liable for reckless imprudence resulting to homicide. 53. The study of political science is intended to raise the civic and political consciousness and the sense of responsibility of the citizenry. 54. Politics was and is always associated with partisanship and thereby promotes the interest of party members. 55. In a republican democracy, the existence of a popular election is important and essential insofar as the government is a product of suffrage. 56. A driver of an ambulance is criminally liable when he hit a pedestrian to death while rushing the patient towards the hospital. 57. The government of laws and not of men means that the people have no right to a revolution even if their government becomes their oppressor and tyrant. 58. The youth has no role in nation-building insofar as they lack the necessary competencies in doing so. 59. In the Philippines, homosexual marriage and divorce can be legally allowed if Congress would enact laws providing for their legalization. 60. A de facto government has the right to diplomatic relations with other States even if it has not been recognized by the those States. A. B. C. D. E. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. Pre-Spanish Period Spanish Period Revolutionary Era American Regime Japanese Occupation

Barangays Philippine Executive Commission Military and Civil Government The Biak-na-Bato Republic Towns and provinces Royal Audiencia Katipunan Government Union of Church and State Commonwealth Government of the Philippines President Jose P. Laurel

TEST II. ESSAY. Explain or justify the following questions or statements.


1. 2. 3. What makes the Philippine Government republican, unitary and presidential? Why is the Philippine Constitution conventional, written and rigid? Why is the State immune from suit?

SPC, Davao City Mr. AC Cayetano 2nd Semester, SY 2012

PRELIM EXAM PS 100 December 2012

ANSWER SHEET Name ______________________________ Course/Yr ___________ Date ___________ Score ____ TEST II. ESSAY.