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Mock Bar Examination Questions in Political Law MCQ
Mock Bar Examination Questions in Political Law MCQ
POLITICAL LAW
a True
b True, on separate days
c False
d False, only two (2) readings
e None of the above.
3. The power of the President to appoint carries with it the power to remove:
a true
b true, on non-career positions
c true, on career positions
d true, on both career and non-career positions
e false
5. Which of the following is constitutionally required when the Supreme Court renders a
Decision?
a True
b False
c True, only by the Court sitting En Banc
d True, even by the Court sitting in Division
e None of the above
7. Lower courts, collegiate courts and the Supreme Court should decide cases within its
jurisdiction within:
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a question raised by a proper party
b declaration of the court of unconstitutionality
c raising the question on the earliest possible opportunity
d actual case or controversy
e constitutional question is the lis mota of the case
a foreign organization
b organization with unlawful purpose
c non-believer of the Constitution
d religious sect
e all of the above
11. Any of the following may propose amendment to the Constitution except:
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
c False, because they are not always present in the Constitution
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d False, because they are not always present in the State
e None of the above.
16. The Constitution is the basic and paramount law of the land.
a True
b False, because it is not basic law
c False, because it is not only law of the land but also law of the sea
d False, because it is not at all important
e None of the above
a True
b False, because it is not part of due process
c False, it is merely a statutory right
d False, because appeal must be so provided in the Constitution to be part of
due process
e None of the above
a True
b False, because there are many other steps
c False, because judicial review is the 3rd step
d False, because the Court may also provide another step
e None of the above
19. By actual case as requisite of judicial inquiry is meant a case that can never be
dismissed on mere technicality.
a True
b False, because any case is enough
c False, because even an opinion or consulta complies with the requirements
d False, because actual case is not at all necessary
e None of the above
20. Only the government and its agencies can exercise the power of eminent domain.
a True
b False, because private entities may also exercise the power
c False, because not all government agencies can exercise the power
d False, because even government agencies need specific authority to do so
e None of the above
21. The death penalty by lethal injection law is unconstitutional for being contrary to Sec.
19 (1) of Art. III of the Constitution.
a True
b False, because death sentence is not included in the enumeration of the said
section
c False, because killing is not cruel
d False, because killing is not degrading
e None of the above
22. The police power of the state is naturally exercised by the police only.
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
d False, because police power is outside the authorities of the police
e None of the above
23. A lotto operator cannot be stopped in his operation until the expiration of his license
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or franchise.
a True
b False, because he can be stopped by the police anytime
c False, because it depends on his budget for the police.
d False, because it depends upon the policy as determined by the State
e None of the above
24. In the exercise of the power of eminent domain, the applicant can use property only
after its ownership is transferred to him.
a True
b False, because it takes time before ownership is transferred
c False, because the applicant does not acquire ownership
d False, because applicant has to wait for the owner to yield the property
e None of the above.
a True
b False, because it is unconstitutional
c False, because it is illegal
d False, because the Constitution does not allow double taxation
e None of the above
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.
c False, because it also refers to the natural life of artificial persons.
d False, because life refers to the physical life of a natural person.
e None of the above
27. Right to be heard as a requirement of due process means that without having been
heard, a party is denied due process
a True
b False, because it is enough that he is given chance to be heard
c False, because hearing refers to literal meaning only
d False, because it is meaningless without actual presentation of his side
e None of the above
28. Determination of probable cause must be made personally by the judge based on his
personal examination of complainant and his witnesses.
a True
b False, because determination of probable cause maybe made by anybody
c False, because it may be made not personally by the judge
d False, because the judge may rely on the examination by the Fiscal
e None of the above
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
c False, because the court may decide to admit the articles
d False, because it depends upon the degree of the illegality of seizure
e None of the above
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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.
d False, because arrest depends on many factors
e None of the above
31. The integration of all lawyers into one Bar Association known as IBP is violative 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
e None of the above
a True
b False, because not all ex-post facto laws are disadvantageous to the accused
c False, because there are some good ex-post facto law
d False, because an accused may not be adversely affected by an ex-post facto
law
e None of the above
a True
b False, because sometimes the writ of habeas corpus is suspended
c False, because the writ and privilege of habeas corpus maybe suspended
d False, because it is only the writ of habeas corpus that is suspended
e None of the above
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
b False, because the information of the President are not accurate
c False, because the information of the President maybe incomplete
d False, because the Supreme Court may have better information than that of the
President
e None of the above
35. 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
e None of the above
36. 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
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c False, because he did not wait for sufficient time to lapse
d False because of religious freedom
e None of the above
37. 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
c False, because nobody can stop the 2nd injection
d False, because it would depend on whose fault was it that the 1 st injection did
not accomplish the purpose
e None of the above
38. 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
b False, because his waiver was valid
c False, because his waiver did not comply with the requirements
d False, because he can no longer question his waiver
e None of the above
39. 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
e None of the above
40. 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
c False, because it is not proper
d False, because it depends upon the prosecutor
e None of the above
42. During preliminary investigation before the prosecutor, the service of counsel is not
waivable.
a True
b False, because waivable
c False, because services of counsel are not needed
d False, because weather or not the services of counsel are waivable depends
upon the investigator
e None of the above
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a Doctrine of Qualified Political Agency;
b Doctrine of Exhaustion of Administrative Remedies;
c Doctrine of Prior Resort;
d Doctrine of Necessary Implication;
e None of the above.
45. Which of the following is not included in the definition of the Government of the
Republic of the Philippines?
a Autonomous regions;
b Local government units;
c State universities and colleges;
d Government-owned and controlled corporations performing proprietary
functions;
e None of the above.
a Interpretative regulation
b Legislative regulation
c Contingent regulation
d Supplemental regulation
e None of the above
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50. Which statement is not correct?
53. State who among the officials listed below shall be appointed by the President and
whose appointment shall require confirmation by the Commission on Appointments:
54. State who among the officials listed below shall be appointed by the President and
whose appointment shall not require confirmation by the Commission on
Appointments:
a A law prohibiting person who did not finish high school from voting;
b A law disqualifying one who did not finish a course or profession in college to
run for President;
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c A law prohibiting a member of a particular religious sect from being elected or
appointed to any government office;
d A law limiting the choice of the person to be appointed by the President to just
one person;
e A law disqualifying one afflicted with a communicable disease from being
appointed or elected to a public office until said disease has been treated;
57. Which position below does not belong to the non-career service?
a Midnight appointments;
b Appointment of relatives;
c Appointments made for the purpose of buying votes;
d Ad-interim appointments;
e None of the above.
60. Which of the following has no original jurisdiction over administrative disciplinary
cases involving public officers and employees?
61. Which statement concerning appeal in civil service administrative cases is not
correct?
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d Preventive suspension may arise as an incident in a criminal or administrative
case;
e None of the above.
64. Which of the following is not a constitutional ground for the Vice President to assume
the presidency?
a Regular elections;
b Plebiscite;
c Referendum;
d Recall;
e None of the above.
a A candidate is one aspiring for a public office and who validly files a certificate
of candidacy in an election;
b It is the ministerial duty of an election official to receive and acknowledge
receipt of the filing of certificate of candidacy by any person in an election
even if he knows personally that the person filing is disqualified;
c A person can only file a certificate of candidacy for one office in an election;
d The COMELEC may motu proprio cancel the certificate of candidacy of a
nuisance candidate;
e None of the above
69. Which of the following does not fall under the exclusive jurisdiction of the
COMELEC?
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a Pre-proclamation cases;
b Election protest involving elective municipal officials;
c Petition to declare failure of elections;
d Petition to declare a candidate a nuisance candidate;
e Petition to disqualify a candidate on the ground of material representation as to
any statement of fact in his certificate of candidacy.
70. Which of the following disqualification case may not be properly availed of before the
elections?
71. Which of the following is not a proper issue that may be raised in a pre-proclamation
case?
75. The theoretical basis of “recall” as mode of removing elective local government
officials is:
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a The new legislative district will not continue to be represented in Congress;
b Any vacancy in local positions will be filled through election;
c All qualified appointive officials and employees shall be removed;
d All of the above;
e None of the above.
78. The maximum period for the imposition of preventive suspension on local
government officials is:
79. On June 5, 1995, a Korean company named Samsung Electronics registered in the
Export Processing Zone of Baguio City as a manufacturer of microchips in a one
hectare factory lot. However, before it was granted license to operate, the City of
Baguio required Samsung to pay contractors tax in the construction of their
warehouse and tax on imported microchips as well as export tax and real estate
taxes. The City of Baguio acted correctly in collecting:
80. The stage constructed during the town fiesta collapsed and caused the death of a
person. If sued for damages may the Sangguniang Bayan members plead that they
are not liable?
81. Totoy Tapang seeks to compel the City of Pagadian to construct a new street, or in
default thereof, to pay him damages. This is so because it appears that in a Deed,
the then Gobernadorcillo, Miguel Legaspi, granted a parcel of land owned by the
national government to the City of Pagadian under the express condition that
said land shall be used solely for public streets. The City subsequently sold the
same to Boy Yasay and used it for commercial purposes. Totoy Tapang is of the
view that the City did not comply with the conditions imposed in the terms of the
Deed, hence, he as a motorist and taxpayer, suffered damages and the City
must be held liable for failure to construct the street. Totoy Tapang is not correct
because:
a because the City is not liable for failure to construct a road because this is
discretionary on its part.
b Because there is grave abuse of discretion on the part of the City in selling the
land and that its acts were ultra vires.
c because he has no personality to question the act of the City.
d None of the above.
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82. Resolution No. 23 of the City of Pasig authorized the partial closing of Rizal St. (an
unused but wide, dead-end street) so it can be leased as a wet market. It was
approved unanimously by the City Council and signed by the Mayor and the Vice
Mayor. However, one of the residents therein challenged said resolution as invalid.
If you were this resident who challenged it, what is your best argument or ground:
a This cannot be done because what has been devoted to public use can no
longer be devoted to another public use;
b Public use cannot be bargained away through the medium of a contract or
agreement;
c This could not be done by a mere simple resolution but it must be done through
an ordinance;
d All of the above;
e None of the above.
83. It is prohibited for lawyers to appear before the Lupon Tagapamayapa because:
84. This provides that the jurisdiction of the International Court of Justice in not
mandatory but subject to the consent of the parties.
87. Legal principle which justifies the non-performance of the terms and conditions of a
treaty.
88. It is the function of the United Nation General Assembly which relates to the
reformation or amendment of the United Nation Charter
a financial
b deliberative
c elective
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d constituent
e supervisory
89. State has jurisdiction over all person and property within its territory except:
90. Which of the following is not related to the appointment of a diplomatic envoy?
a. letter of credence
b. aggregation
c. appointment in accordance with the local law of the sending state
d. exequatur
e. none of the above
91. It is a prohibition as to the use of any measure absolutely not necessary for the
purpose of war.
a postliminium
b principle of humanity
c genocide
d principle of chivalry
e none of the above
93. Under the United Nations Conference of the Law of the Sea, the extent of the
contiguous zone is:
94. BS Lim was born on April 20, 1974 of Taiwanese father and Filipino mother in
Manila. According to the laws of Taiwan, a woman marrying a Taiwanese husband
shall follow the citizenship of the husband upon marriage. In 1998, BS Lim went to
the United States and became a naturalized American. In January 2003, he returned
to Manila and applied for repatriation which was approved by the Special Committee
on Naturalization on May 4, 2003. He then registered as a voter and on January
2004, he filed his certificate of candidacy as a congressman in the 1 st district of the
City of Manila.
95. AL Tan is a Chinese national who migrated to the Philippines in 1973. In 1995, he
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applied for and was granted a Certificate of Naturalization. As a naturalized Filipino
citizen, what cannot he do?
96. Assuming that the CSC denied the petition of the teachers concerned, they then
formed a union and thereafter staged a strike, voicing out their claims and fighting for
their cause as workers-employees of Department of Education. In their strike they
also cried for salary increases. Can these teachers stage a strike?
a. Yes. Since the Constitution recognizes their right to form unions associations of
societies, even if they are employed in the public sector, they can stage a strike
as strike is the necessary consequence of forming such associations.
b. Yes, because the right to form associations includes therein the right to strike.
c. Yes, because the right to strike is part of the freedom of speech and expression,
or the right to assemble and petition the government to redress of grievances.
d. No. Although government officials have the right to form unions, they do not
have the right to strike, as such right must be exercised in accordance with law.
e. No, because teachers must be the models and exemplars in the community and
they must ensure that their actions should always be upright.
97. Mr. C was the illegitimate child of a Filipino father and an American mother. He was
born in the US on January 10, 1973. In 1991, he enlisted in the US Marine Corps
and served in the gulf war in Iraq and was honorably discharged from US military
service in 1996. He came to the Philippines on March 31, 2003 using his American
passport and on April 30, 2003 he applied for a permanent resident which the
Bureau of Immigration approved and he was likewise issued an alien certificate of
registration (ACR). On November 8, 2003, he registered as a voter and on January
10, 2004, he filed his certificate of candidacy for governor in the province of
Sorsogon and no other person filed as candidate for the same office.
98. EX applied for a permit to build a house in Quezon City. His application was denied
by the City Engineer. He then filed with the court a petition for mandamus. Is the
action proper?
a. No, because the issuance of building permits is discretionary in nature and not
controllable by mandamus.
b. No, because he failed to exhaust all administrative remedies by appealing his
case to the proper administrative body.
c. No, because the courts have no jurisdiction over actions for the issuance of
building permits.
d. No, because the proper remedy is an action for specific performance as he was
asking for the specific action of issuance of a building permit.
e. All of the above.
99. The appointment of mayor G of Olongapo City as chairman of SBMA was challenged
as unconstitutional because of Sec. 7 (1), Art. IXB of the constitution which states
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that no elective official shall be eligible for appointment or designation in any capacity
to any public office or position during his tenure. Rule.
a. The challenge must be upheld because this section of the constitution expresses a
policy of prohibiting several public positions in one person, so that a public officer
may serve full-time with dedication and thus be efficient for the job.
b. The challenge must be dismissed because the position of Mayor of Olongapo City is
not in conflict with the position as Chairman of SBMA since the Mayor, in the
exercise of his functions, has the best knowledge in running his city, and by this, he
thereafter knows how to run SBMA.
c. The challenge must be dismissed because even if such positions may be conflicting,
Mayor G is not receiving double compensation for such positions. What is prohibited
is the receipt of double compensation, and not rendering of multiple services.
d. None of the above.
103. State who among the officials listed below shall be appointed by the President and
whose appointment shall not require confirmation by the Commission on
Appointments:
a A law prohibiting person who did not finish high school from voting;
b A law disqualifying one who did not finish a course or profession in college to run for
President;
c A law prohibiting a member of a particular religious sect from being elected or
appointed to any government office;
d. A law limiting the choice of the person to be appointed by the President to just one
person;
e. A law disqualifying one afflicted with a communicable disease from being appointed or
elected to a public office until said disease has been treated;
105. Which position below does not belong to the non-career service?
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a Primarily confidential position;
b Highly technical position;
c Elective officials;
d Contractual employees;
e None of the above.
a Midnight appointments;
b Appointment of relatives;
c Appointments made for the purpose of buying votes;
d Ad-interim appointments;
e None of the above.
107. After X was granted Filipino Citizenship by naturalization, he went back to his
native land for 5 years to reside there. What happens to his Filipino Citizenship
and the derivative Filipino Citizenship of his wife and minor children?
108. After X suffered injuries from open manhole in the City of Y, he sued the city which
moved to dismiss the case for non suability citing Section 16, Article II of the
Constitution which states that “the State cannot be sued without its consent”. Is
City Y right?
109. After X survived the lethal injection administered on him in implementation of the
decision of conviction, he petitioned the Supreme Court for acquittal claiming
double jeopardy and inhuman punishment if he will be subjected to another lethal
injection. Is X correct?
a. Yes, because he has already undergone lethal injection and subjecting him to
another one would result in double punishment.
b. No, because this decision is not yet satisfied.
c.Yes, because it was not his fault that he survived.
d. No, because he must be subjected to another trial.
110. Upon filing of petition for extradition and its supporting documents, X was arrested
without bail which he questioned as violative of his right to bail considering that he
is not charged with capital offense. Is X right?
a. Yes, because all accused are entitled to bail except when charged with a
capital offense and the evidence of guilt is strong.
b. No, because X is not given even charged of a criminal offense.
c.No, because criminal offense is immaterial in the extradition case.
d. Yes, because the evidence of guilt is not strong.
a. during arrest
b. during custodial investigation
c.during preliminary investigation
d. during trial before the RTC
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112. Amendments of the Constitution through people’s initiative cannot succeed without
an enabling law and without involving the Senate.
a. True.
b. This is incorrect because the amendment will succeed even without involving
the Senate.
c.The amendment will not succeed without an enabling law.
d. The amendment will not succeed at all.
113. After the Constitution was amended via Constitutional Convention, a case was filed
for judicial review of the amendments. Will the case succeed?
a. No, because the amendments to the Constitution are not subject to judicial
review being political in nature.
b. Yes, if it can be proven that certain procedural requirements were not complied
with.
c.No, because amendments via Constitutional Convention are not subject to
judicial review.
d. Yes, because both procedural and substantive aspect of the amendments are
subject to judicial review.
114. X, a government agency whose charter does not expressly grant it power to sue
sued Y in connection with the contract that X and Y entered into. Y filed a motion
to dismiss on the ground that X cannot sue Y because its charter does not grant it
such power.
a. Y is correct because X cannot sue in the absence of such power in its charter.
b. Y is not correct because X can sue him on the basis of their contract.
c.Y is correct because X has not expressly given its consent that it can sue or it
may be sued when entered into contract with Y.
d. Y is not correct because X only and not Y can sue under the facts.
115. While driving a vehicle in State A, X accidentally hit a pedestrian who suffered less
serious physical injuries as a result and for which X was slated to be executed by
hanging after trial. X’s home State petitioned State A to exempt X from the
execution which State A opposed considering that the same penalty is imposable
on all (citizen or alien) who commit the same kind of offense. Is State A right?
116. X appealed his conviction for murder to the Supreme Court. Despite the lapse of
more than 24 months from the time the case was submitted for decision, the
Supreme Court still did not render its decision so X filed a motion to dismiss for
loss of jurisdiction by the Supreme Court.
a. X’s motion should be granted because his right to speedy trial was violated.
b. X’s motion should be denied because the Supreme Court did not lose
jurisdiction over the case although sanctions may be imposed for the delayed
decision.
c.X’s motion should be granted because the delay is the best proof of his
innocence.
d. X’s motion should be denied because the Supreme Court as the highest court
of the land determines its own rules as to when to decide a case.
117. The municipal council of X passed an ordinance dissolving the municipality which
was considered approved by the Sangguniang Panlalawigan since it was not acted
upon within the period provided. Is the ordinance valid?
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c.It is valid because the process of ordinance making was complied with.
d. It is not valid because it was not ratified by the residents of the municipality.
118. X was a Filipino Citizen before he became a US citizen when he joined the US
Navy. Upon his retirement there from he came back to the Philippines and ran for
Governor in his province and won. His qualification was questioned because he was
not a Filipino Citizen during the campaign period until canvassing of votes since he took
his allegiance only when his repatriation was granted on June 30, 1995, immediately
before he took his oath of office as Governor. Is X qualified to be the Governor?
a. Yes, because when he took his oath of office he was already a Filipino citizen.
b. No, because he should posses his qualification as Filipino Citizen starting from
the campaign period.
c. Yes, because he won the election.
d. No, because as a repatriated Filipino he is disqualified to run for Governor.
119. X filed a certificate of candidacy for mayor during the elections of 1998. After 2
weeks, he also filed a certificate of candidacy for vice governor without withdrawing
his certificate of candidacy for mayor. He got the most number of votes as mayor
but got the lowest number of votes as candidate for vice-governor. Is X qualified to
assume the position of mayor?
a. Yes, because he got the highest number of votes.
b. No, because he is deemed to have withdrawn his certificate for candidacy for
mayor upon the filing of his certificate of candidacy as vice-governor.
c.Yes, because he possesses all the qualifications to become a mayor.
d. No, because he is deemed disqualified to both positions of mayor and vice
governor with the filing of his certificate of candidacy for the 2 positions.
120. Municipality A was created by executive order 258 but when a boundary dispute
occurred between municipalities A and B, the Sangguniang Panlalawigan
approved the compromised agreement between them which was not in
accordance with the provisions of executive order 258. Is their compromise
agreement valid?
121. X applied for rally permit to hold a rally in a place designated as the freedom park
of the Municipality but the mayor denied the application. May X and his group
continue to stage a rally at the park?
a. Yes, because rally at the freedom park does not require a permit.
b. No, because they have no permit.
c. Yes, because staging a rally is a constitutional right, which cannot be impeded
by absence of permit.
d. No, because the mayor must be followed.
122. X, accused for the crime of murder was called by the prosecution as its witness.
Upon the advice of his counsel, X refused to go to the witness stand, much less to
testify as such witness despite repeated warnings by the judge. Thereafter, the
judge found him guilty of contempt of court and ordered his incarceration for 30
days. Is the act of the judge valid?
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123. Congress passed a law which mandates the cutting off of the part of the person
directly responsible for the commission of the offense such as the cutting of the right/left
hand of the person guilty of theft, of the penis of the guilty of rape, etc. Is the law
constitutional considering the law imposing death penalty by lethal injection is
constitutional?
125. Can the electorate waive the qualifications prescribed by law for elective office?
126. Which of the following is not a ground for removal or cancellation of a sectoral
party?
128. Let us suppose that Congress enacted a law which amended the Omnibus
Election Code (particularly Sections 138, 139, 142 and 143) by vesting in the
Commission on Elections the jurisdiction over inclusion and exclusion cases filed
by voters, instead of in the regular courts like MTC and RTC. Is the law valid?
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a. Yes because that is in accord with the powers and duty of the COMELEC to
supervise and administer elections
b. Yes because that is within the powers of Congress to make and strengthen
laws on elections
c.No because the Commission on Elections cannot decide the right to vote which
refers to inclusion and exclusion of voters.
d. No because it is an undue delegation of powers.
130. May the hearing and reception of evidence be delegated by the Commission or a
Division to any of its officials?
a. Yes for as long as the official concerned shall submit his findings and report
and recommendation to the Commission or Division within three (3) days
from such completion.
b. Yes for as long as the hearing official is expressly authorized to do so;
c.No because this would be a violation of due process.
d. No because this would cause undue prejudice to both parties.
131. In an election protest involving the position of governor of the province of Sultan
Kudarat between “A”, the protestee and “B”, the protestant, the First Division of the
Commission on Elections rendered a decision upholding B’s protest. Can “A” file a
petition for certiorari with the Supreme Court from the decision of the COMELEC
First Division?
132. Florito was a registered voter of Candijay, Bohol and had voted in said municipality
in all the elections therein for municipal elective officials. He was elected Mayor of
Candijay for three times and held office until 1999. On the other hand, it also
appeared that Florito constructed a house of mixed materials in Nabas (another
town), and had been living therein with his wife and children since 1996. He had to
build said house in Nabas because he needed a place to store his copra which he
bought from Gretchen, the owner of the house he was staying while in Nabas. Has
he abandoned his residence in Candijay?
a. Yes because by having been elected as Mayor for three times in Candijay, he
has acquired permanent residence therein;
b. Yes because he can maintain two houses in two different places and choose
either address for purposes of elections
c.No because residence and domicile means one and the same in election law
d. No because it is not necessary that a person should have a house in order to
establish his residence and domicile in a municipality.
133. Section 68 of the Omnibus Election Code provides in part: Any person who is a
permanent resident of or an immigrant to a foreign country shall not be qualified to
run for any elective office under this Code, unless said person has waived his
status as a permanent resident or immigrant of a foreign country in accordance
21
with the residence requirement provided for in the election laws. Section 40(f) of
the Local Government Code provides that “permanent residents in a foreign
country or those who have acquired the right to reside abroad and continue to
avail of the same right after the effectivity of this Code, are disqualified from
running for any elective local position. Are these provisions inconsistent with each
other?
a. No, because the two provisions are basically the same in that they both provide
that permanent residents or immigrants to a foreign country are disqualified
from running for any elective position.
b. No because the Omnibus Election Code pertains to election laws for national
elective officials while the local government code pertains solely for local
officials;
c. Yes, because Section 68 of the Omnibus Election Code specifically provides
for an exception to the disqualification.
134. A law was enacted, (R.A. 4421) requiring a candidate to post a surety bond
equivalent to one year salary of the position to which he is a candidate. This will
be forfeited if he will not be able to obtain ten (10%) percent of the votes cast for
said office. Is this constitutional?
135. Can the Commission on Elections deny due course or cancel a certificate of
candidacy that was filed in due form?
136. A child was born to a Singaporean father and a Filipina mother. Would he be
eligible to run for the position of Member of the House of Representatives upon
reaching twenty six years of age?
a. Yes provided that the child upon reaching the age of majority not elected
Philippine citizenship.
b. Yes because he is a Filipino using the principle of jus sanguinis.
c.No because his father is a foreigner (being a Singaporean)
d. No because he is not considered as a natural-born citizen.
137. FPJ was elected Senator in the May 1987 national elections. He was born out of
wedlock in 1948 of an American father and a naturalized Filipina mother. FPJ
never elected Philippine citizenship upon reaching the age of majority. Is FPJ a
Filipino citizen?
138. In 1991, Pilita married Bobby Swarchoff, a national of the State of Uganda. Under
the laws of Uganda, an alien woman marrying a Ugandan national automatically
acquires Ugandan citizenship. After her marriage, Pilita resided in Uganda and
22
acquired a Ugandan passport. In 1992, Pilita returned to the Philippines to run for
Governor of Biliran. Was Pilita qualified to run for Governor?
a. Within five (5) days from the last day for the filing of certificates of candidacy.
b. Within five (5) days after the COMELEC publishes the final list of candidates.
c. Within ten (10) days from the last day for the filing of certificates of candidacy.
d. Within ten (10) days after the COMELEC publishes the final list of candidates.
140. Can public utility operator or a natural person operating a public service business
be prohibited to make a contribution in an election campaign?
142. X was charged with plunder before the Sandiganbayan. He challenged the
constitutionality of the Plunder Law arguing that the terms of the law are so vague
that its meaning is unclear, thus the Sandiganbayan should invalidate the statute
following the doctrine that criminal laws should be construed strictly against the
State and liberally for the accused. Is the claim of x tenable?
143. After obtaining 6.3 million signatures all over the country, Y, with several other
groups and individuals, filed a petition with the COMELEC for the holding of a
referendum to amend the Constitution. The COMELEC dismissed the petition for
lack of an enabling law governing the amendment of the constitution through
initiative as held in Santiago v. COMELEC. Y appealed to the Supreme Court but
the Court dismissed his petition for non-compliance with Section 2, Article XVII of
the Constitution which provides that “Amendments to this Constitution may likewise
be directly proposed by the people through initiative…” In its ruling, the Court on
the deliberations of the framers of the Constitution which interpreted this provision
to mean that the full text of the proposed amendments must be shown to each
signatory which Y did not do. Y sought reconsideration, arguing, among others,
23
that the Court erred in relying on the deliberations of the framers, and that it should
have instead recognized the overwhelming sentiment of the people to amend the
Constitution, which, done in the exercise of their sovereign right, trumps the
interpretation of its framers. Are the contentions of Y valid?
a. Yes, because the people are the ultimate source of sovereign power and the
Supreme Court should have respected their sentiment;
b. No, because the Supreme Court has the final say in interpreting the
Constitution and the deliberations of the framers, showing their intent, are
binding;
c.Yes, because the provisions of the Constitution should be interpreted not only
based on what its framers intended but also by how contemporary society
interprets it;
d. No, because an enabling is still necessary to amend the Constitution through
initiative as held in Santiago v. COMELEC.
144. In St. Martin Funeral Home v. NLRC, The Supreme Court, in harmonizing conflicts
between Batas Pambansa Blg. 129, as amended by Republic Act No. 7902, the
deliberations for such amendatory law, the provisions of the Labor Code and the
Rules of Court ruled that henceforth, appeals from rulings of the National Labor
Relations Commission should be filed with the Court of Appeals and not engaged
in judicial legislation and should have let Congress fix the problem through
appropriate legislation. Is the claim correct?
a. Yes, because courts should limit themselves to applying the law and
should there be any conflict among laws, the same should be resolved by
Congress, the duly elected body empowered under the Constitution to legislate;
b. No, because the Supreme Court, in the exercise of its judicial power
under the Constitution, has been vested with authority to interpret laws which
includes the power to reconcile conflicting provisions of law;
c. Yes, because the in rendering St. Martin Funeral Home, the Court was clearly
motivated by self-interest as the ruling meant the drastic reduction of its case load.
d. Yes, because the Supreme Court is bound to render judgment in all cases
brought it and simply cannot decline to do so on the ground that the power to resolve
a problem lies with Congress.
145. In a pleading filed before the Supreme Court challenging the constitutionality of a
school regulation mandating the conduct of unannounced drug tests on students
and personnel, the petitioners copiously cited American jurisprudence ion the right
to privacy. In its Comment to the petition, the respondent school contented that the
American cases petitioners cited have no precedential value and cannot be relied
upon by the Court. Is respondent’s contention correct?
a.Yes, because the rulings of US courts interpret the US Constitution not the
Philippine Constitution;
b.No, because the rulings of US courts interpreting constitutional provisions similar
to ours carry persuasive weight;
c. Yes, because Philippine court should develop its own jurisprudence on
constitutional interpretation and not rely on foreign rulings; and
d.No, because due to the similarities between the US Constitution and Philippine
constitutions, rulings of US courts interpreting the US Constitution are virtual
interpretations of the Philippine Constitution.
146. The issue in Tolentino v. Commission on Elections was whether a special election
was simultaneously held with the national and local elections on 14 May 2001 to fill
the Senate seat vacated by Senator Guingona (who was appointed Vice-
President), despite the fact that the COMELEC failed to call for a special election
and issue the rules and regulations for such election. The Court ruled in the
affirmative and held that no such call was necessary because Republic Act No.
6645, as amended, provided when to hold such special election and that the lack
of pertinent COMELEC regulations cannot serve to negate the special election as
this will disenfranchise the millions of voters who voted for the winning candidate.
In its Decision, the Court also held: “our conclusion might be different had the case
involved a special election to fill a vacancy in the House of Representatives. In
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such a case, xxx the time of the election is left to the discretion of the COMELEC
xxx. This makes mandatory the requirement in xxx RA 6645, xxx for the
COMELEC to “call a special election xxxx.” Is this portion of the Court’s ruling
obiter dicta?
a.Yes, because it is necessary to resolve the issue in the case nor based on the
materials facts;
b.No, because it is necessary to buttress the Court’s ruling in interpreting Republic
Act. No. 6645 vis a vis special elections for a senator and a representative;
c. Yes, because the Court was already pre-empting the resolution of a future case
(i.e. involving special elections for a member of the House of Representatives);
d.No, because the Court has ample leeway in making illustrations to resolve the
issue before it.
147. In a Decision rendered by the Supreme Court dismissing a petition, the Court cited
a minute Resolution, not published in the SCRA, as authority for its ruling. The
petitioners sought reconsideration, contending that a minute unpublished
Resolution is not a binding precedent. Is petitioner’s contention correct?
a. Yes, because compared to full blown Decisions, minute Resolutions are not
rulings which serve as precedent;
b. No, because minute Resolutions are also rulings of the Court having the same
binding effect as full-blown Decisions;
c. Yes, because being unpublished, minute Resolutions are not easily accessible to
the parties who have no way of knowing what rulings the Court has rendered in
such form;
d. No, because the Court is authorized under the Constitution to render judgments
based on authorities it sees fit to use.
148. In a pleading filed before the RTC Makati, the plaintiff cited the Bible as one of his
authorities. In his Answer, the defendant moved to strike out those portions of
complainant’s pleadings citing the Bible, contending that the Bible is not a legal
matter and that, at any rate, its invocation violates the Constitutional doctrine of
separation of Church and State. Are the defendant’s contentions correct?
a.No, because although not a legal document, the Bible carries persuasive value
and its citation in a pleading is an exercise of Free Speech;
b.Yes, because parties are bound to cite binding legal materials in their pleadings
and not religious documents and doing so forces the courts to pass upon
religious matters which violates the separation of Church and State;
c. No, because nowhere in the Rules of Court is it stated that parties must only cite
specific documents and the parties’ right to Free Speech provides the widest
leeway for litigants to craft their pleadings as they see fit;
d.Yes, because allowing parties to cite the Bible will open the floodgates for other
parties to cite the other religious documents such as Koran thus blurring the
lines between legal and religious sources;
149. Section 14, Article VIII of the Constitution provides that decisions must set forth
“clearly and distinctly the facts and the law on which it is based”. A trial court
rendered judgment finding one of its personnel administratively liable for
negligence. In its ruling, the trial court relied on the Civil Service Law and did not
cite any supporting cases. In his motion for reconsideration, the respondent
claimed that the decision should be set aside for lack of any case law citation. Is
respondent’s contention correct?
a.Yes, because by failing to cite cases, the trial court’s ruling did not set forth
“clearly and distinctly the facts and the law on which it is based”;
b.No, because the requirement under Section 14, Article VIII of the Constitution
applies only to judicial not administrative rulings as in this case;
c. Yes, because considering the issue involved. It was imperative for the trial court
to cite cases and its failure to do so violates Section 14, Article VIII of the
Constitution;
d.No, because courts are not bound to cite cases in rendering judgments and the
requirement under Section 14, Article VIII of the Constitution is met so long as
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the judge, as here, stated the facts and law on which his ruling was based.
a.Yes, because dissenting opinions are not rulings and merely reflect the personal
views of their authors, thus they have no precedential value;
b.No, because litigants are free to use whatever appropriate materials available to
persuade the Court to rule in their favor;
c. Yes, because the petitioners are clearly pandering to Justices Panganiban and
Puno, the two most senior members of the Court, and are taking advantage of
the Court’s new composition;
d.No, because dissenting opinions carry persuasive value.
151. In a speech given last year (and which was widely reported in the media), then
Chief Justice Panganiban stated that the Supreme Court erred in its ruling in
People vs. Echagaray (267 SCRA 682 {1997. Is Echagaray still good law (i.e.
binding precedent)?
a.No, because as admitted by then Chief justice Panganiban, the Supreme Court
erred in deciding that case, thus being a wrong ruling, it cannot serve as
precedent;
b.Yes, because Echagaray just forms part of a long line of jurisprudence upholding
the validity of the Death Penalty Law;
c. No, because the soundness of the ruling has been seriously undermined by then
Chief Justice Panganiban’s comments;
d.Yes, because unless overturned, final judgments of the Court form part of the law
of the land.
153. The right of a person under investigation to competent and independent counsel
may be waived by the suspect
154. The State may be sued if the contract sued upon is in the nature of an act.
a. jure gestionis
b jura regalia
c. jure imperii.
155. When there is a change of sovereignty, the political laws of the former soverign are:
a. abrogated
b. suspended
c. retained.
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a. used interchangeably with the family of nations
b. a legal concept
c. implies a common race.
a. President
b. Senate
c. Congress by two-thirds vote of each House, voting separately.
160. The right of the people to a balanced and healthful ecology demands.
162. The principle that all natural resources of the country are owned by the state known
as:
a. Ley Hipotecaria
b. Regalian Doctrine
c. Jura Regala
d. Public Land Principle
e. Patrimonial Property of the State Doctrine
163. The state shall have full control and supervision over its natural resources
regarding.
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165. Public agricultural lands may be alienated or disposed by means of:
a. Yes, a plebiscite is necessary because all 15 barangays will be affected with the
creation of new Iocal government unit.
b. No, a plebiscite is no longer necessary because there is already a law creating
Western Asyan Treasure.
c. Yes, a plebiscite is necessary because it will show the preference of the
constituents who should be local leader.
d. No, a plebiscite is no longer needed because majority of the 15 barangays want
to be separated from Asyan Treasure.
167. Three years after LUNINGNING was constituted as a municipality, the law creating
it is voided because of material defects. Would that invalidate the acts of the municipality
and/or its municipal officers?
a. Yes, because the law being null and void has no legal effect.
b. Yes, because the officials exercised ultra vies acts.
c. No, because the officials acted in good faith and without malice when they
performed their responsibilities since LUNINGNING is considered a de facto
municipality.
d. No, because the acts of the public officials should be sustained since they have
security of tenure.
168. The newly created city of San Juan through its Sangguniang Panlungsod without
any public hearing and consultation with other entities passed an ordinance renaming P.
Guevarra St. to Fernando Poe, Jr. St. The ordinance sought to honor the deceased Mr.
Fernando Poe, Jr. for his significant contribution to the Philippine movie industry.
Totoy Bibo opposed the implementation of the subject San Juan ordinance. As counsel
of Mr. Totoy Bibo, Can you assail the Ordinance?
a. Yes, the Ordinance can be assailed because the City Council of San Juan did
not refer the proposal to the National Historical Institute and did not consult the
affected constituents.
b. Yes, the Ordinance can be assailed because it did not provide for a period within
which to use the name of Fernando Poe, Jr.
c. No, the Ordinance cannot be assailed because it is already a law and can be
implemented immediately.
d. No, the Ordinance cannot be assailed because the City Council already provided
for the budget for the procurement of the new street signs.
169. Metro Manila has several local government units (lgu's) along the Pasig River. To
service the needs of Metro Manila residents, the Pasig River Rehabilitation
Commission (PRRC) has been operating a ferry service along the Pasig River for
over three years already. Sometimes in July, 2007, the PRRC was served a copy
of an order from the Land Transportation Franchising and Regulatory Board
(LTFRB), granting a certificate of public convenience to Mr. Biglang Ahon, a
resident of Makati, to operate a ferry service across the same river along the
same lgu's being presently served by the PRRC's ferry boats. A check of the
records of the application of Mr. Ahon shows that the application was filed some
months before, set for hearing, and notices of such hearing were published into
newspapers of general circulation in Metro Manila. The PRRC had never been
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directly served a copy of that notice of hearing nor had Mr. Ahon requested any
of LGU's to grant him any permit to operate. The PRRC immediately filed a motion
for reconsideration with the LTFRB which was denied. PRRC went to the
Supreme Court on a petition for certiorari to nullify the order granting a certificate
of public convenience in favor of Mr. Ahon. Will petition prosper?
a. No, the Petition will not prosper because PRRC failed to exhaust administrative
remedies.
b. Yes, the Petition will prosper because PRRC was denied due process and Mr.
Ahon failed to notify all the concerned local government units.
c. No, the Petition will not prosper because Mr. Ahon should have filed the case
before the Makati –Regional Trial Court.
d. No, the Petition will not prosper because there is no cause of action.
170. An Ordinance of the Olongapo City requires every alien desiring to obtain
employment of whatever kind, including casual and part-time employment, in
the city to secure an employment permit from the Mayor Dick Garden and to
pay a work permit fee of P500.00. Is the Ordinance valid?
a. No, it is not valid for violative of the equal protection clause of the Constitution.
b. No. it is not valid since aliens can afford to pay more than P500.00.
c. Yes, it is valid because the Mayor’s act is a valid exercise of delegated power.
d. Yes, it is valid because aliens do not pay Community Tax.
171. In order to implement a major government flood control project, Sec. Rod Way of
the Department of Public Works and Highways (DPWH) and Mayor Eng Bee Tin
of the City of Manila removed squatters from the bank of the Pasig River and
certain esteros for relocation of San Jose Del Monte, Bulacan. Their shanties
were demolished through the joint efforts of DPWH and the city government with
assistance of the Philippine National Police. Upon complaint of the squatters, the
Commission on Human Rights (CHR) conducted an investigation and issued an
order for the DPWH and the city of Manila to cease and desist from affecting the
removal of the squatters on the ground that the human rights of the squatters
were being violated. The DPWH and the City of Manila objected to the issuance
of the restraining order of the CHR considering that the project is for the general
welfare of the public. Which of the parties is correct?
a. The CHR is correct because the City of Manila violated the rights of the
squatters.
b. The City of Manila and the DPWH are correct because the CHR has no right to
issue the Temporary Restraining Order.
c. The CHR is correct because it has primary jurisdiction over the complaint.
d. The City Of Manila and the DPWH are correct because the squatters’ lives are in
danger.
172. There was a boundary dispute between Kaimito, a Municipality, and Kalayaan
City, an independent component city, both of the same provinces. State how the
two local government units should settle their boundary dispute given distinct
classification as different local government units.
173. The Sangguniang Bayan of the Municipality of Cara y Cruz passed Resolution
No. 1 authorizing Mayor Kiko Pang to Initiate a petition for the expropriation of a
lot owned by Ysabella as site for its municipal market. This was approved by
Mayor Kiko Pang. However, the Sangguniang Panlalawigan disapproved the
Resolution as there might still other available lots in Cara y Cruz for a market.
Nonetheless, the Municipality of Cara y Cruz, through Mayor Kiko Pang, filed a
complaint for eminent domain before the regional trial court. Ysabella opposed
29
this on the following grounds: (a) the Municipality of Cara y Cruz has no power to
appropriate; (b) Resolution No. 1 has been voided since the Sangguniang
Panlalawigan disapproved it for being arbitrary; and (c) the municipality of Cara y
Cruz has other and better lots purpose. Resolve the case with reasons.
174. The City of Marikina passed an Ordinance authorizing Mayor Gwapong Bayani,
assisted by the police, to remove all advertising signs displayed or exposed
to public view in the main city street, for posing danger to life and property as
well as for being offensive to sight or otherwise a nuisance. Ms. Sana
Maganda, whose advertising agency owns and rents out many billboards,
ordered removed by Mayor Bayani, claims that the City should pay for the
destroyed billboards at their current market value since the City has
appropriated them for the public purpose of beautification. Mayor Bayani
refuses to pay, so Ms. Sana Maganda is suing the City and Mayor Bayani for
damages arising from the taking of her property without due process nor just
compensation. Will Ms. Maganda’s suit prosper?
a. Ms. Maganda’s suit will not prosper since Mayor Bayani’s action to
remove the advertising signs was in conformity with the ordinance.
b. Ms. Maganda’s suit will prosper because Mayor Bayani expropriated
her billboards without due process.
c. Ms. Maganda’s suit will prosper because Mayor Bayani appropriated
the use of space for his own political agenda.
d. Ms. Maganda’s suit will not prosper because she should first appeal the
case before the city council.
175. Mr. King Kong, a Chinese national, entered the Philippines without a valid visa.
Upon investigation by the personnel of the Bureau of Immigration, they
recommended deportation proceedings against Mr. King Kong. He was detained
at the facilities of the Bureau Immigration. Mr. King Kong’s counsel, Atty. Brilliant
Boy questioned the arrest and the continued detention of Mr. King Kong for being
violative process before the Regional Trial Court of Manila.
a. Yes, the court will sustain the legal position of counsel since all persons
whether Filipinos or aliens are entitled to the equal protection of the laws.
b. No, the court will dismiss the action since the Bureau of Immigration has
primary jurisdiction over deportation proceedings.
c. No, the court will dismiss the action since Mr. King Kong, being an alien,
should seek assistance from the Chinese Embassy.
d. Yes, the court will sustain the legal position of counsel since all docket fees
have been paid and Mr. King Kong is entitled to bail.
176. An agency of the government refers to any of the various unit of the government,
including a department, bureau, office, instrumentality, or government – owned or
controlled corporation, or local government or a distinct unit therein. (Section
2(4), Introductory Provisions, Administrative Code of 1987; Mactan Cebu vs.
Marcos, 261 SCRA 667 (1996)).
Given the foregoing definitions, which of the following is not an agency of the
government?
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177. The Cebu International Airport Authority (CIAA) issued new rules and regulations
governing porter age services and fees, and the conduct of porters in the airport
premises. CIAA implemented the new rules and regulations without notice,
hearing nor consultation with the porters or their association, BUHAT ng Bayan,
whose rights and activities are to be substantially affected. The porters through
BUHAT ng Bayan then filed suit in court to have the new CIAA rules and
regulations declared unconstitutional for having been issued without due
process. Will the action prosper?
a. No, the action will not prosper since the rules and regulations are internal in
nature.
b. No, the action will not prosper since BUHAT ng Bayan did not exhaust all
administrative remedies.
c. Yes, the action will prosper because BUHAT ng Bayan is entitled to
immediate legal relief.
d. Yes, the action will prosper because due process requires notice to BUHAT
ng Bayan and their interest should have been heard in appropriate
proceedings.
178. While Congress was in recess, the president issued an appointment to Gen.
Boy Siga making him the chief of staff of the Armed Forces of the President.
Gen. Siga immediately took his oath and discharged his responsibilities as Chief
of Staff. When Congress resumed its sessions, the members of the
Commissions of Appointments questioned the validity of the appointment issued
by the President in favor of Gen. Siga. Is the Commission of Appointments’
observation correct?
179. Congressman Lipad of the first district of Pampanga together with other adjoining
congressional districts is sponsoring a bill creating the Pampanga Economic
Regional Authority (“PERA”). He envisions PERA as the answer to rapid
economic growth and the attainment of the President’s Pinoy Dream. However,
Lipad is worried that foreign capital might be slow in coming due to the unstable
working conditions resulting from too many strikes. To remedy this situation,
Lipad proposes a provision to the PERA law declaring all government
employees under the payroll of PERA cannot form any labor organization so
that it can be a model for all companies locating in PERA zone which will
effectively make the area strike-free. Is this proposal legally defensible?
180. In municipal mayoralty elections in 1980, John Go who obtained the highest
number of votes was subsequently declared to be disqualified as a candidate and so
ineligible for the office to which he was elected. Would this fact entitle Henry Say who
31
obtained the second highest number of votes to ask and to be proclaimed the winner of
the elective office?
a. Yes, Henry say may assume the position because he is the second best
person to serve.
b. No, Henry is not entitled to assume the position because a second placer
is considered a loser.
c. No, John Go has still time to question his disqualification before the
courts.
d. No, John Go should file necessary action for issuance of TRO to prevent
Henry Say to assume the position.
181. May the Commission on Elections (COMELEC) prohibit the posting of decals
and stickers on “mobile” places, public or private, such as on private
vehicle, and limit their location only to the authorized posting areas that
the COMELEC itself fixes?
a. Yes, COMELEC may restrict such action since it has full authority
over campaign materials during election period.
a. Yes, COMELEC can do so because such decals and stickers should
be placed in designated public areas only.
b. No, posting of decals and stickers on “mobile” places, public or
private, is a constitutional right of a person to enjoy use of private
property.
c. No, COMELEC cannot prohibit posting on “mobile” places or vehicles
since such decals and stickers are in the nature of donation to
candidates.
182. It is define as the study of the maintenance of the proper balance between authority
and liberty.
a. Political Law
b. Public International Law
c. Constitutional Law
d. Administrative and Election Law
e. Criminal Law
183. This fundamental and inherent power of the state has been described as “the most
essential of all powers, at times the most insistent and always one of least limitable of
the powers of the government”.
a. Power of taxation
b. Tariff Power
c. Power of Eminent Domain
d. Emergency Power
e. Police Power
184. The Police power of the state is based on this Latin maxim.
185. This is the meaning of the Latin maxim Salus Populi Est Suprema Lex.
32
materially so unexpectedly as to create a situation in which the exaction
of performance would be unreasonable.
186. This fundamental and inherent power of the state is described as the highest and
most exacting idea of property remaining in government that may be acquired for
some public purpose through a method in the nature of compulsory sale to the State.
a. Power of Taxation
b. Tariff Power
c. Power of Eminent Domain or Power Of expropriation
d. Emergency Power
e. Police Power
187. This constitutional safeguard under the Bill of Rights requires that all persons or
things similarly situated should be treated alike, both as to rights conferred and
responsibilities imposed.
a. Due process
b. Prohibition against unreasonable searches and seizures.
c. The impairment clause
d. Equal protection
e. Equality in Taxation
188. Which of the following rights or guarantees against injustice to the accused is
available during custodial investigation?
189. It is defined as the body of rules of maxims in accordance with which the powers of
sovereignty are habitually exercised.
a. Civil Code
b. Constitution
c. Revised Penal Code
d. National Interval Revenue Code.
e. Corporation Code.
190. Which of the following statement do not illustrate the supremacy of the constitution?
191. This is a classification of constitution that consist of rule which have not been integrated
into a single, concrete form but are scattered in various sources, such as statutes of of
fundamental character, judicial decision, commentaries of publicist, custom and tradition
and certain common law principles.
a. Cumulative Constitution
b. Unwritten Constitution
c. Conventional Constitution
d. Written Constitution
e. Rigid Constitution
192. Which of the following characteristics is not an essential quality of a written constitution?
33
a. Ambiguous
b. Broad
c. Brief
d. Definite
e. Clear
193. Which of the following is not an essential substance part of a written constitution?
a. Constitution of liberty
b. Constitution of government
c. Constitution liberty
d. None of the above
194. This essential substantive part of a written constitution is a series of prescription setting
forth the fundamental civil and political rights of the citizen and imposing limitations on
the power of the government as a means of securing the enjoyment of those rights.
a. Constitutional sovereignty
b. Constitution of government
c. Constitution of liberty
d. None of the above
e. All of the above
195. In case of doubt on the intendment of its framers, the provisions of the constitution
should be interpreted as:
196. Which of the following theories relative to the position of the constitutional convention,
vis-a-vis the regular departments of the government, is the most widely accepted and
has been observed in the Philippines?
197. Which of the following body or person is not allowed to propose amendments to the
constitution?
a. Congress
b. Constitutional Convention.
c. The people
d. The President
e. None of the above
a. Investigative body.
b. Legislative body
c. Constituent body
d. All of the above
e. None of the above
199. It is the number of votes needed when the Congress is the one proposing amendments
to the constitution.
34
b. Two-thirds (2/3) vote of all the members of Senate.
c. Three-fourths (3/4) vote of all the members of Congress.
d. Three-fourths (3/4) vote of all the members of Senate.
e. None of the above
200. In our system of government, it is the department or branch which is regarded as the
ultimate guardian of the constitution.
a. Executive
b. Legislature
c. Judiciary.
d. Constitutional Commissions.
e. Other Independent Constitutional Bodies.
201. Which of the following is not a requisite of judicial inquiry into a constitutional
question?
202. Mr. Jose Reyes is a regular employee of the Municipality of Sta. Ines. He is qualified as
a heavy equipment driver of the municipality. While undertaking repairs of a municipal
road he rammed the fence of a public school causing the death of two of its students.
Will the Municipality of Sta. Ines be liable for the death of the two public school
students?
203. The securities and exchange Commission issued a circular refusing to register a
corporation which seeks to engage in the pre-need industry if one of its incorporators
previously owned interest in any of the pre- need companies undergoing rehabilitation.
Mr. Henry de los Reyes, a stockholder of a bankrupt pre need company, questions the
constitutionality of the circular. Did the circular violate any constitutional guarantee of Mr.
de los Reyes?
a. Yes, the circular violates his right to property particularly his right to invest
in a company.
b. Yes, the circular presumes that he is guilty of wrongdoing:
c. No, the circular does not violate any constitutional guarantee but the
state through the SEC has exercised its police power to put a fair
and reasonable standard to protect the public.
d. No, the circular does not violate any constitutional guarantee
because there must be a distinction between a pre-need company
and any other companies being registered with SEC since the former
affects t he lives of the investing public.
e. All of the above
204. The City of San Andres expropriated the property of the Mercado family as site of its new
City hospital. An ordinance was passed by the city Council appropriating the amount of
five million pesos for the subject property. The Mercado family opposed the acquisition.
35
At the termination trial, the Regional Trial Court (RTC) fixed the value of the property at
eight million pesos. May Mercado family collect the difference of three million pesos from
the city of San Andres?
a. No, it cannot because the city council appropriated only five million for
the purpose.
b. No, it cannot because the city government has no additional funds
for the purpose.
c. Yes, it can by either garnishing any funds of the city government up to
the amount of the three million pesos.
d. Yes, it can ask the court to levy any of the patrimonial properties of the
city government to satisfy the judgments.
e. Both (a) and (b) will do.
f. Both (c) and (d) will do.
205. Cecilia Cruz, the city Treasurer of San Juan, retired. To fill the vacant position, the city
Mayor appointed John Cara, an accountant whose item belongs to the city Treasurer’s
office but he was detailed to the office of the Mayor for three (3) years, Jaime Estrada,
the Assistant Treasurer, questioned the appointment and filed a protest with the
Department of Finance. Will the protest prosper?
a. No, it will not prosper because the protest should have been filed with
the Civil Service Commission.
b. No, it will not prosper because the Mayor has the sole discretion to
appoint the city Treasurer.
c. No, it will not prosper because under the law if both candidates have
comparable qualifications, the appointing power has the discretion
to select an appointee of his confidence.
d. Yes, it will prosper because the Department of finance has the sole
discretion to appoint all local treasurer.
e. Yes, it will prosper because it will give opportunity for both candidates to
prove their qualifications and the Mayor to justify his choice.
206. Can the local legislative council override the veto by the local chief executive of an
ordinance?
207. Mr. Itik and Mr. Palengke both run as Mayor of San Nicolas. Mr. Itik won 10,000
voters while Mr. Palengke 5,000 voters. Mr. Itik however decided to inform COMELEC that he
would just like to pursue his business rather than assume his post as Mayor. What action
must COMELEC take under the situation?
a. COMELEC must proclaim Mr. Itik first as the winner and then follow the rule
on succession.
b. COMELEC must proclaim Mr. Palengke as the winner since Mr. Itik effectively
withdrew for the race.
c. COMELEC must proclaim the winning vice mayoralty candidates as winner.
d. COMELEC must conduct a special election
e. COMELEC should compel Mr. Itik to serve the people.
208 . An administrative complaint for violation of Anti-Graft and Corrupt Practices Act
was lodged against the Department of Public Works and Highways (DPWH) Regional Director
Sorbetes before the Ombudsman.ordered the preventive suspension of the of the Director
Sorbetes during the pendency of the preliminary investigation. Is the action of the
Ombusdsman proper
36
b. No, it is not proper because the ombudsman should allow the secretary of
Department of Public Works and Highways to implement the preventive
suspension.
c. Yes it proper since the filing of the complaint against Director Sorbetes puts
him effectively under the jurisdiction of the Ombudsman.
d. No, there must be a determination of probable cause first.
e. None of the above.
209. Is there a distinction between a quo warranto case and an election protest under the
Omnibus Election Code?
210. All local government units may raise its own revenue. From the following which is not
included form revenue-raising measure of the local government
a. tolls
b. fees
c. charges
d. estate taxes
e. share in Internal Revenue Allocation
211. As the matter of principle, resort to judicial intervention is not possible until a party
exhaust all administrative remedies. Under what circumstances may a party go directly
to the courts?
37
4. E 60. D 116. B 172. D
5. C 61. D 117. B 173. B
6. C 62. C 118. A 174. B
7. C 63. B 119. D 175. B
8. B 64. D 120. D 176. A
9. E 65. E 121. A 177. B
10. E 66. E 122. B 178. B
11. D 67. D 123. B 179. B
12. B 68. E 124. C 180. B
13. C 69. B 125. D 181. C
14. E 70. A 126. D 182. C
15. C 71. A 127. A 183. E
16. A 72. D 128. C 184. B
17. C 73. B 129. D 185. A
18. A 74. D 130. A 186. C
19. E 75. E 131. B 187. D
20. B 76. D 132. D 188. E
21. E 77. C 133. A 189. B
22. B 78. B 134. C 190. C
23. D 79. C 135. C 191. B
24. B 80. C 136. A 192. A
25. A 81. A 137. C 193. D
26. E 82. D 138. C 194. C
27. B 83. D 139. A 195. E
28. D 84. C 140. C 196. C
29. A 85. C 141. B 197. D
30. C 86. E 142. D 198. C
31. B 87. D 143. D 199. C
32. A 88. D 144. 200.
33. A 89. E 145. 201. E
34. E 90. D 146. D 202. A
35. D 91. B 147. B 203. C
36. B 92. C 148. B 204. F
37. B 93. C 149. D 205. D
38. A 94. C 150. A 206. C
39. A 95. E 151. D 207. A
40. E 96. D 152. B 208. C
41. B 97. C 153. C 209. D
42. B 98. E 154. C 210. D
43. E 99. B 155. B 211.
44. E 100. A 156. C
45. D 101. C 157. C
46. E 102. C 158. B
47. E 103. C 159. B
48. A 104. E 160. B
49. A 105. E 161. C
50. C 106. B 162. B
51. E 107. A 163. C
52. C 108. B 164. A
53. E 109. B 165. A
54. E 110. C 166. A
55. C 111. D 167. C
56. E 112. A 168. A
38