Professional Documents
Culture Documents
MCQ
MCQ
Which of the following public official can exercise the DOCTRINE OF AUGMENTATION:
b Solicitor General
c COA Chairman
a True
c False
3. The power of the President to appoint carries with it the power to remove:
a true
e false
5. Which of the following is constitutionally required when the Supreme Court renders a Decision?
b. deliberation
d. consultation
a True
b False
7. Lower courts, collegiate courts and the Supreme Court should decide cases within its jurisdiction within:
a foreign organization
d religious sect
d A and B;
e A and C.
11. Any of the following may propose amendment to the Constitution except:
b a petition representing 12% of the nation’s registered voter wherein each legislative district is
represented by 3%
c ¾ vote of all the members of Congress
d a petition representing 12% of the nation’s registered voter wherein each legislative district is
represented by 5%
12. Under the fundamental principles and policies of the State, which of the following statement is FALSE:
13. The Congress is mandated by the Constitution to vote jointly and obtain the majority vote of all its
members in case of:
a True
b False, because the 3 inherent powers of the state are not always integral parts of the Constitution
16. The Constitution is the basic and paramount law of the land.
a True
c False, because it is not only law of the land but also law of the sea
a True
d False, because appeal must be so provided in the Constitution to be part of due process
a True
19. By actual case as requisite of judicial inquiry is meant a case that can never be dismissed on mere
technicality.
a True
20. Only the government and its agencies can exercise the power of eminent domain.
a True
c False, because not all government agencies can exercise the power
21. The death penalty by lethal injection law is unconstitutional for being contrary to Sec. 19 (1) of Art. III
of the Constitution.
a True
b False, because death sentence is not included in the enumeration of the said section
a True
b False, because it is exercised by the National Legislature, the President and local lawmaking bodies
including barangay councils
c False, because the police does not exercise the police power
23. A lotto operator cannot be stopped in his operation until the expiration of his license or franchise.
a True
24. In the exercise of the power of eminent domain, the applicant can use property only after its ownership
is transferred to him.
a True
d False, because applicant has to wait for the owner to yield the property
a True
b False, because it is unconstitutional
26. “Life” as used in the due process clause of the Constitution refers only to the natural life of a natural
person.
a True
b False, because it refers not only to natural life but even artificial life.
27. Right to be heard as a requirement of due process means that without having been heard, a party is
denied due process
a True
28. Determination of probable cause must be made personally by the judge based on his personal
examination of complainant and his witnesses.
a True
29. Articles illegally seized under Art. III, Sec 3 (2) of the Constitution are not admissible as evidence in all
proceedings.
a True except that may be admissible if the case is against the party who made the illegal seizure.
b False, because illegally seized articles may be admissible on a case to case basis
a True
b False, because person arresting may not be authorized even in the presence of warrant of arrest
c False, because there are instances when arrest can be made despite the absence of warrant of arrest.
31. The integration of all lawyers into one Bar Association known as IBP is violative of the Constitutional
Right of a person to associate with people of his choice.
a True
b False, because integration does not compel a person to associate with persons not of his own choice
c False, because a person may not even associate with the other lawyers by not attending their meetings
d False, because what is needed is the payment of his annual dues and not his attendance in meetings
a True
b False, because not all ex-post facto laws are disadvantageous to the accused
d False, because an accused may not be adversely affected by an ex-post facto law
a True
c False, because the writ and privilege of habeas corpus maybe suspended
34. The Supreme Court cannot inquire into the factual basis for the declaration of Martial Law because the
President has better information upon which the declaration was based.
a True
d False, because the Supreme Court may have better information than that of the President
36. Once a court fails to decide a case within a period fixed by the Constitution, the case maybe dismissed
for lack of jurisdiction.
a True
b False, because the Court does not lose jurisdiction over the case
c False, because nobody can compel the judge to decide the case
d False, because the case can proceed without prejudice to sanctions against the judge
37. A Filipino man who secured an ecclesiastic divorce from his wife and then married another in a Civil
Ceremony cannot be prosecuted for bigamy.
a True
b False, because separation of church and state does not prevent prosecution for bigamy
38. The PRA convict who survived the 1st lethal injection due to his strong body constitution can no longer
be injected a second time without violating his right to due process and against double jeopardy.
a True
b False, because the facts do not consist double jeopardy or violations of due process
39. After waiving his right to counsel, an LLB graduate handled his defense for murder but during his
appeal, he argued that his waiver was invalid.
a True
c False, because his waiver did not comply with the requirements
d False, because he can no longer question his waiver
40. In naturalization cases, a decision granting three petition shall become executory after 2 years only
although it becomes final after 30 days after notice.
a True
b 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 a period
d False, because just like any other decision, the decision should become final after 15 days
41. Trial in absentia is always conducted every time the accused is absent.
a True
b False, because trial in absentia is not always conducted during the absence of the accused
42. During custodial investigation, a suspect is entitled to services of counsel, which cannot be waived.
a True
c False, because a counsel may not be needed during the custodial investigation
43. During preliminary investigation before the prosecutor, the service of counsel is not waivable.
a True
d False, because weather or not the services of counsel are waivable depends upon the investigator
b Decisions of courts interpreting the charters of administrative bodies and defining their powers, rights,
inhibitions, among others, and the effects of their determinations and regulations;
c Rules and regulations issued by the administrative bodies in pursuance of the purposes for which they
were created;
d Determinations and orders of the administrative bodies in the settlement of controversies arising in their
respective fields;
45. Which of the following is not included in the definition of the Government of the Republic of
thePhilippines?
a Autonomous regions;
b Local government units;
a Interpretative regulation
b Legislative regulation
c Contingent regulation
d Supplemental regulation
e None of the above
a An administrative agency vested with the power to investigate is considered a quasi-judicial agency;
b Res judicata applies to decisions of administrative agencies only if said decision was rendered in the
exercise of its quasi-judicial power;
c The power of contempt is not inherent in administrative bodies vested with quasi-judicial power;
d Prior notice and hearing is mandatory when an administrative agency is engaged in the exercise of its
quasi-judicial power;
a Failure to observe the doctrine of primary jurisdiction is a ground to dismiss the case 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;
Answer Key:
1. C
2. B
3. B
4. E
5. C
6. C
7. C
8. B
9. E
10. E
11. D
12. B
13. C
14. E
15. C
16. A
17. C
18. A
19. E
20. B
21. E
22. B
23. D
24. B
25. A
26. E
27. B
28. D
29. A
30. C