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MOCK BAR EXAMINATION QUESTIONS IN POLITICAL LAW 1.

Which of the following public official can exercise the DOCTRINE OF AUGMENTATION: a b c d e Presiding Justice of the Sandiganbayan Solicitor General COA Chairman Senate majority floor leader none of the above

2. All BILLS must pass three (3) readings: a b c d e True True, on separate days False False, only two (2) readings None of the above.

3. The power of the President to appoint carries with it the power to remove: a b c d e true true, on non-career positions true, on career positions true, on both career and non-career positions false

4. Which of the following cannot be changed by an ordinary law enacted by Congress: a b c d e Opening of the regular session of Congress; Date of the regular election for President and Vice President; Regular election of the members of Congress; Commencement of the term of office of Senators; All of the above.

5. Which of the following is constitutionally required when the Supreme Court renders a Decision? a. presence of the majority members b. deliberation c. facts and the law where the decision shall be based d. consultation e. concurring and dissenting opinions 6. A doctrine or principle of law may be modified or reversed by the Supreme Court. a b c d e True False True, only by the Court sitting En Banc True, even by the Court sitting in Division None of the above

7. Lower courts, collegiate courts and the Supreme Court should decide cases within its jurisdiction within: a b c d e 3 months, 9 months and 24 months respectively 9 months, 12 months and 18 months respectively 3 months, 12 months and 24 months respectively 9 months, 12 months and 24 months respectively 3 months, 18 months and 24 months respectively

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

a b c d e

question raised by a proper party declaration of the court of unconstitutionality raising the question on the earliest possible opportunity actual case or controversy constitutional question is the lis mota of the case

9. Which of the following is not qualified to be a political party? a b c d e foreign organization organization with unlawful purpose non-believer of the Constitution religious sect all of the above

10. Permanent personnel of the government can be suspended or dismissed. a b c d e True, only for a cause; True, after a preventive suspension; True, after administrative investigation; A and B; A and C.

11. Any of the following may propose amendment to the Constitution except: a a constitutional convention called 2/3 vote of all its members of Congress b a petition representing 12% of the nations registered voter wherein each legislative district is represented by 3% c vote of all the members of Congress d a petition representing 12% of the nations registered voter wherein each legislative district is represented by 5% e all of the above 12. Under the fundamental principles and policies of the State, which of the following statement is FALSE: a b c d e Municipal law is superior than international law; Recognition of the superiority of women with men; Non-encroachment of the government on purely ecclesiastical activities; Indigenous communities are recognized; Civilian authority is always supreme over the military.

13. The Congress is mandated by the Constitution to vote jointly and obtain the majority vote of all its members in case of: a b c d e confirmation of the Presidents nomination of a Vice President concurring with the Presidents grant or amnesty revocation of the Presidents declaration of Martial Law granting tax exemption none of the above

14. Which of the following statement is true? a Amendments may still be made after the 3rd reading of a bill b Both the Senate and the House of Representative shall have a joint journal. c gerrymandering is allowed under the 1987 Constitution d A member of Congress may be arrested for any crime committed e none of the above 15. The three inherent powers of the state are always integral parts of the Constitution. 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

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 b c d e True False, because it is not basic law False, because it is not only law of the land but also law of the sea False, because it is not at all important None of the above

17. Appeal is part of our due process. a b c d True False, because it is not part of due process False, it is merely a statutory right False, because appeal must be so provided in the Constitution to be part of due process e None of the above 18. There are two steps in the amendments of our Constitution. a b c d e True False, because there are many other steps False, because judicial review is the 3rd step False, because the Court may also provide another step 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 b c d e True False, because any case is enough False, because even an opinion or consulta complies with the requirements False, because actual case is not at all necessary None of the above

20. Only the government and its agencies can exercise the power of eminent domain. a b c d e True False, because private entities may also exercise the power False, because not all government agencies can exercise the power False, because even government agencies need specific authority to do so 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

or franchise. a b c d e True False, because he can be stopped by the police anytime False, because it depends on his budget for the police. False, because it depends upon the policy as determined by the State 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 b c d e True False, because it takes time before ownership is transferred False, because the applicant does not acquire ownership False, because applicant has to wait for the owner to yield the property None of the above.

25. Double taxation is Constitutional. a b c d e True False, because it is unconstitutional False, because it is illegal False, because the Constitution does not allow double taxation 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 b c d e True False, because it refers not only to natural life but even artificial life. False, because it also refers to the natural life of artificial persons. False, because life refers to the physical life of a natural person. 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 b c d e True False, because it is enough that he is given chance to be heard False, because hearing refers to literal meaning only False, because it is meaningless without actual presentation of his side 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 b c d e True False, because determination of probable cause maybe made by anybody False, because it may be made not personally by the judge False, because the judge may rely on the examination by the Fiscal 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 30. Arrest maybe made only if there is a warrant of arrest.

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 32. Ex-post facto law is always disadvantageous to the accused. a b c d True False, because not all ex-post facto laws are disadvantageous to the accused False, because there are some good ex-post facto law False, because an accused may not be adversely affected by an ex-post facto law e None of the above 33. There is no instance when the writ of habeas corpus is suspended. a b c d e True False, because sometimes the writ of habeas corpus is suspended False, because the writ and privilege of habeas corpus maybe suspended False, because it is only the writ of habeas corpus that is suspended 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 b c d True False, because the information of the President are not accurate False, because the information of the President maybe incomplete 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 b c d True False, because the Court does not lose jurisdiction over the case False, because nobody can compel the judge to decide the case 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

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 1st 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 b c d e True False, because his waiver was valid False, because his waiver did not comply with the requirements False, because he can no longer question his waiver 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 41. During custodial investigation, a suspect is entitled to services of counsel, which cannot be waived. a True b False, because the suspect may waive the services of counsel c False, because a counsel may not be needed during the custodial investigation d False, because waiver of counsel is never allowed e None of the above 42. During preliminary investigation before the prosecutor, the service of counsel is not waivable. a b c d True False, because waivable False, because services of counsel are not needed False, because weather or not the services of counsel are waivable depends upon the investigator e None of the above

43. W hich of the following is not a doctrine in Administrative Law: a b c d e Doctrine of Qualified Political Agency; Doctrine of Exhaustion of Administrative Remedies; Doctrine of Prior Resort; Doctrine of Necessary Implication; None of the above.

44. W hich of the following is not a source of Administrative Law: a Constitutional or statutory enactments creating administrative bodies; b Decisions of courts interpreting the charters of administrative bodies and defining their powers, rights, inhibitions, among others, and the effects of 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; 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 b c d Autonomous regions; Local government units; State universities and colleges; Government-owned and controlled corporations performing proprietary functions; e None of the above. 46. W hich of the following is not descriptive of a government instrumentality? a b c d e An agency not integrated within the department framework; An agency vested by law with special functions or jurisdiction; An agency endowed with some, if not all, corporate powers; An agency enjoying operational autonomy, usually through a charter; None of the above.

47. W hich of the following is not a requisite of a valid administrative regulation? a b c d e Its promulgation must be authorized by the legislature; It must be within the scope of the authority granted by the legislature; Its promulgation must be in accordance with the prescribed procedure; It must not be unreasonable; None of the above

48. State which administrative regulation need not be published. a b c d e Interpretative regulation Legislative regulation Contingent regulation Supplemental regulation None of the above

49. Which statement is not correct? 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;

e None of the above. 50. Which statement is not correct? 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; d All of the above e None of the above 51. Which of the following is not an exception to the doctrine of exhaustion of administrative remedies? a b c d e If the question involved is purely legal; If the administrative agency is in estoppel If the amount involved is small; Quo warranto proceeding; None of the above.

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

53. State who among the officials listed below shall be appointed by the President and whose appointment shall require confirmation by the Commission on Appointments: a b c d e Commissioner of Internal Revenue Associate Justice of the Supreme Court; Chairman of the NLRC; Director General of the PNP; None of the above.

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 b c d e Commissioner of the Securities and Exchange Commission Brigadier General of the Philippine Army Charges d affaires to a foreign country Secretary of the Department of Environment and Natural Resources None of the above

55. Which of the following is not correct? a A regular appointment is one made by the President when Congress is in session; b A regular appointment shall not take effect immediately; c One who is appointed by the President when Congress is in session may assume office immediately; d Ad-interim appointments and regular appointments shall require confirmation by the Commission on Appointments e None of the above 56. W hich of the following may be validly enacted by Congress? a A law prohibiting person who did not finish high school from voting; b A law disqualifying one who did not finish a course or profession in college to

run for President; c A law prohibiting a member of a particular religious sect from being elected or appointed to any government office; d A law limiting the choice of the person to be appointed by the President to just 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. W hich position below does not belong to the non-career service? a b c d e Primarily confidential position; Highly technical position; Elective officials; Contractual employees; None of the above.

58. The law on nepotism is directed against: a b c d e Midnight appointments; Appointment of relatives; Appointments made for the purpose of buying votes; Ad-interim appointments; None of the above.

59. W hich of the following appointments may be considered valid? a Appointment of a governor to another position in the government during his tenure; b Appointment of a Congressman to a cabinet position; c Appointment of an RTC Judge within two months before the next presidential election; d Appointment of a Senator to an office created during his term as such; e Appointment of a member of the Cabinet as concurrent member of the GSIS governing board. 60. W hich of the following has no original jurisdiction over administrative disciplinary cases involving public officers and employees? a b c d e Chief of office or bureau; Ombudsman; Civil Service Commission; Local Chief Executive; None of the above.

61. Which statement concerning appeal in civil service administrative cases is not correct? a Appeal is not a constitutional right; b One found guilty of an administrative infraction may appeal only if the penalty is dismissal, demotion, suspension from office for more than 30 days, or a fine equivalent to more than 30 days salary; c One found guilty administratively may not appeal if the penalty imposed is suspension from office for not more than 30 days, or a fine equivalent to not more than 30 days salary; d No appeal lies if the respondent in an administrative disciplinary case is exonerated; e None of the above 62. W hich statement is not correct? a Preventive suspension is not a penalty; b An indefinite preventive suspension is not allowed as it constitutes denial of due process; c One who had been placed under preventive suspension may be pardoned by

the President; d Preventive suspension may arise as an incident in a criminal or administrative case; e None of the above. 63. Which statement is not correct? a Pardon may mean forgiveness, but not forgetfulness; b Pardon looks back and erases whatever shade of guilt there was; c What was remitted insofar as the grant of pardon is concerned is the penalty imposed so that the convict may no longer serve the sentence imposed on him; d One who has been granted absolute pardon may not be validly reinstated in the service; e None of the above. 64. Which of the following is not a constitutional ground for the Vice President to assume the presidency? a b c d e Death of the President; Permanent incapacity of the President; Removal from office of the President; Withdrawal of support of the AFP and the PNP to the President; Resignation of the President.

65. W hich of following is not governed by our election laws? a b c d e Regular elections; Plebiscite; Referendum; Recall; None of the above.

66. Which of the following organizations or coalitions may be properly registered as a political party? a b c d e The Iglesia Ni Cristo; The Communist Party of the Philippines; A political party financially supported by European Social Democrats; The El Shaddai; None of the above.

67. The lone Candidate Law (R.A. No. 8295) applies: a b c d e In local elections only; In national elections only; In regular elections only; In special elections to fill a vacancy only; In special elections for President and Vice-President only.

68. Which of the following statement is not correct? a A candidate is one aspiring for a public office and who validly files a 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 b c d e

Pre-proclamation cases; Election protest involving elective municipal officials; Petition to declare failure of elections; Petition to declare a candidate a nuisance candidate; 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? a Quo warranto petition; b Petition to declare a candidate a nuisance candidate; c Petition to disqualify on the ground of material representation as to any statement of fact in a candidates certificate of candidacy; d Petition to disqualify on the ground of vote-buying and terrorism; e None of the above 71. Which of the following is not a proper issue that may be raised in a pre-proclamation case? a b c d e Ballot box snatching; Illegality in the composition and proceedings of the Board of Canvassers; Election returns were prepared under duress, threat or intimidation; Election returns were obviously manufactured or not authentic; None of the above

72. Which statement is not correct? a An election contest is imbued with public interest; b An election protest may be heard summarily; c An election contest may not be dismissed if the protestant or the protestee dies; d An election protest may be filed only if a candidate has already been proclaimed; e None of the above 73. Which of the following does not constitute an election offense? a Vote buying; b Willful refusal to register and vote; c Engaging in an election campaign one day before the election; d Possession of a duly licensed firearm 500 meters from any voting center on the day of elections; e None of the above 74. W hich of the following is a purpose of local autonomy? a identical with decentralization b to prevent local government units from over dependence on the central government c administrative autonomy of local government units d all of the above 75. The theoretical basis of recall as mode of removing elective local government officials is: a It is complementary to the right to elect; b It is included in the right of suffrage; c Based on the theory that the electorate must maintain direct and elastic control over public functionaries; d Predicated on the theory that public office is a burdened with public interest; e All of the above. 76. The effect of the conversion of sub-provinces to provinces is:

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a b c d e

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

77. Recall takes effect: a Upon filing of the petition by all the residents. b Upon the proclamation of the results by the COMELEC. c Upon the election and proclamation of the successor who received the highest number of votes cast during the election on recall. d All of the above. e None of the above. 78. The maximum period for the imposition of preventive suspension on local government officials is: a b c d not to exceed sixty days not to exceed ninety days no limit especially if the charges are multiple none of the above

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: a b c d all of the taxes contractors tax and export tax real estate taxes only none of the above

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? a NO, because of the principle of respondent superior; b NO, because the celebration of the town fiesta is proprietary activity which can be the basis of an action for damages; c Both A & B; d A only e None of the above. 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: a It is expressly provided for by law; b Most likely, there will be no settlement as lawyers tend to be too confrontational; c To speed up the disposition of cases before the barangay in a friendly manner; d Only a and b; e All of the above. 84. This provides that the jurisdiction of the International Court of Justice in not mandatory but subject to the consent of the parties. a domestic jurisdiction clause b calvo clause c optional jurisdiction clause d compromissary clause e none of the above 85. Principle which provides that aliens must be treated in accordance with the international standard of justice. a b c d e doctrine of equality of treatment calvo clause doctrine of state responsibility doctrine of double criminality none of the above

86. Which of the following is a basic principle of extradition? a b c d e rule of double criminality based on treaty or agreement principle of specialty principle of territoriality all of the above

87. Legal principle which justifies the non-performance of the terms and conditions of a treaty. a b c d e damnum absque injuria pacta sunt servanda jure gestionis rebus sic stantibus none of the above

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

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b c d e

deliberative elective constituent supervisory

89. State has jurisdiction over all person and property within its territory except: a. person exempted under treaties b. foreign state properties c. foreign head of state d. foreign merchant vessel e. all of the above 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 b c d e postliminium principle of humanity genocide principle of chivalry none of the above

92. Municipal law in superior than International law a true b false c true, if raised in a local tribunal d true, if raised in an international tribunal e none of the above 93. Under the United Nations Conference of the Law of the Sea, the extent of the contiguous zone is: a b c d e 3 nautical miles from the lowest water rank 12 miles from the outer limits 12 miles from the lowest water rank 200 miles from the outer limits none of the above

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 1st district of the City of Manila. a. BS Lim is not qualified to run for congressman because his repatriation as a Filipino is not valid for he was never a Filipino from birth. b. BS Lim is not qualified because even assuming that his repatriation as Filipino was valid, he is not a natural-born citizen. c. BS Lim is qualified because he is a natural-born citizen and has all the other qualifications required for a candidate for congressman d. BS Lim is qualified provided nobody will file a petition for a disqualification. e. None of the above.

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95. AL Tan is a Chinese national who migrated to the Philippines in 1973. In 1995, he applied for and was granted a Certificate of Naturalization. As a naturalized Filipino citizen, what cannot he do? a. To register as a voter in the place of his residence b. To file his certificate of candidacy as governor c. To be elected as a President of media corporation d. To accept an appointment as an RTC Judge e. None of the above 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. a. Mr. C is disqualified to run for Governor of Sorsogon because he is an American as evidenced by his being an illegitimate child, place of birth his passport and ACR. b. b. Mr. C. is disqualified to run for governor of Sorsogon because he is both an American and a Filipino and thus dual citizenship is a disqualification under the Local Government Code. c. Mr. C is qualified to run for Governor of Sorsogon because he is a Filipino citizen from birth and that he has all the other qualifications of a candidate for said office. d. Mr. C is qualified to run for Governor of Sorsogon because he is running unopposed. e. None of the above. 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.

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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 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. W hat is prohibited is the receipt of double compensation, and not rendering of multiple services. d. None of the above. 100. W hich of the following is not descriptive of a government instrumentality? a b c d e An agency not integrated within the department framework; An agency vested by law with special functions or jurisdiction; An agency endowed with some, if not all, corporate powers; An agency enjoying operational autonomy, usually through a charter; None of the above.

101. W hich statement is not correct? a b c d e Failure to observe the doctrine of primary jurisdiction is a ground to dismiss. Failure to observe the doctrine of exhaustion of administrative remedies is a ground to dismiss the case. Non-exhaustion of administrative remedies as a ground to dismiss the case may not be waived. All of the above None of the above

102. W hich of the following is not a proper characteristic of public office? a b c d e Public office is a public trust; Public office is not a hereditary possession; Public office may be a subject of a contract; Public office is not protected by the due process clause of the Constitution; 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 b c d e Commissioner of the Securities and Exchange Commission Brigadier General of the Philippine Army Charges d affaires to a foreign country Secretary of the Department of Environment and Natural Resources None of the above

104. W hich of the following may be validly enacted by Congress? a b A law prohibiting person who did not finish high school from voting; 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;

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105. W hich position below does not belong to the non-career service? a b c d e Primarily confidential position; Highly technical position; Elective officials; Contractual employees; None of the above.

106. The law on nepotism is directed against: a b c d e Midnight appointments; Appointment of relatives; Appointments made for the purpose of buying votes; Ad-interim appointments; 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. W hat happens to his Filipino Citizenship and the derivative Filipino Citizenship of his wife and minor children? a. X alone will lose his Filipino Citizenship b. X, his wife and minor children will all lose their Filipino Citizenship c. X will not lose his Filipino Citizenship because the decision granting him Filipino Citizenship was already final and executory d. Only X and his wife will lose their Filipino Citizenship. 108. After X suffered injuries from open manhole in the City of Y, he sued the city 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? a. No, because it is merely a City and not a State. b. No, because it can be sued for the kind of injury suffered by X by express provision of law. c. Yes, because Y did not give its consent. d. Yes, because it is not negligent in the maintenance of the manhole. 109. After X survived the lethal injection administered on him in implementation of 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. 111. Right to counsel is not waivable as a general rule; a. during arrest b. during custodial investigation c. during preliminary investigation

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d. during trial before the RTC 112. Amendments of the Constitution through peoples 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. W ill 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. W hile 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. Xs 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? a. Yes, because granting the exemption to X would discriminate against the citizens of State A. b. No, because X should even suffer graver penalty that the citizens of State A. c. Yes, because the State decides its own laws. d. No, because the system of penalty is below international standard. 116. X appealed his conviction for murder to the Supreme Court. Despite the lapse 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. Xs motion should be granted because his right to speedy trial was violated. b. Xs motion should be denied because the Supreme Court did not lose jurisdiction over the case although sanctions may be imposed for the delayed decision. c. Xs motion should be granted because the delay is the best proof of his innocence. d. Xs 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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a. b. c. d.

It is valid because it is deemed approved by the Sangguniang Panlalawigan. It is not valid because it is an ultra vires act of the Municipal Council. It is valid because the process of ordinance making was complied with. 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? a. Yes, because it was approved by the Sangguniang Panlalawigan which was the power to settle municipal boundary disputes. b. No, because it was an ultra vires act. c. Yes, because there is no authority higher than the Sangguniang Panlalawigan in so far as municipal boundaries are concerned. d. No, because the compromise agreement did not comply with Executive Order 258. 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? a. Yes, because X is guilty of contempt of court. b. No, because X is justified in refusing to go to the witness stand and in testifying as witness because such would be violative of right against selfincrimination.

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c. Yes, because the judge has every right to hold anybody who disobeys his order in contempt of court. d. No, because the warnings of the judge were not in writing. 123. Congress passed a law which mandates the cutting off of the part of the 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? a. b. c. d. Yes, because the law was validly passed by Congress. No, because it is inhuman hence violative of the Constitution. Yes, because even lethal injection law which kills a person is valid. No, because there was no public hearing conducted.

124. Panday is a full-pledged member of Congress representing the First District of Zamboanga. However, he is confined at the national penitentiary while his conviction for statutory rape on two counts and acts of lasciviousness for six counts is pending appeal. He wants to be allowed to fully discharge his duties as a Congressman by physically attending at legislative sessions and committee meetings by invoking the mandate of the sovereign will, despite the fact he is facing a non-bailable offense. Can he be allowed to do so? a. Yes, since he was elected as a representative of the people of Zamboanga and his constituents have a right to be represented in Congress. b. Yes, because he was not yet convicted by a final judgment and therefore, he is presumed innocent. c. No because, society must protect itself from suspected criminals who have been convicted by a trial court d. No because he might escape from detention while attending Congressional sessions 125. Can the electorate waive the qualifications prescribed by law for elective office? a. Yes in order to allow qualified citizens to become trained political leaders in the future; b. Yes, since election laws are liberally construed. c. No, because election laws on the matter must be strictly followed. d. No, because the will of the people as expressed through the ballot cannot cure the vice of ineligibility. 126. W hich of the following is not a ground for removal or cancellation of a sectoral party? a. It is a religious sect or denomination, organization or association organized for religious purposes; b. It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes; c. It fails to participate in the least two (2) preceding elections or fails to obtain at least two per centum of the votes cast under the party list system in the two (2) preceding elections for the constituency in which it has registered. d. It garners three percent of the votes of a particular sector during an election. 127. May political parties participate in the party list election? a. b. c. d. 128. Yes, because the constitution says so. Yes because this will give a broader meaning to democracy. No because it is only for certain marginalized groups. No because it would be discriminatory and a great disadvantage to poor candidates;

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

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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? 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. 129. W hich of the following is not a function of the Commission on Elections? a. Executive function which refers to the enforcement and administration of election laws. b. Legislative functions which refers to the issuance of rules and regulations to implement election laws. c. Judicial function embraces the power to resolve controversies that may arise in the enforcement of election laws and to be the sole judge of preproclamation disputes. d. Issue warrants of arrest to violators of election laws. 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 Bs protest. Can A file a petition for certiorari with the Supreme Court from the decision of the COMELEC First Division? a. No because he must first appeal to the Division en banc. b. No because the Supreme Court cannot review the decisions or resolutions of a division of the COMELEC en banc. c. Yes because it is a matter of right to appeal to the Supreme Court after a case is decided in any division of the COMELEC. d. Yes because the Internal Rules of the COMELEC is silent on this procedural remedy. 132. Florito was a registered voter of Candijay, Bohol and had voted in said 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.

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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 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? a. Yes in order to discourage nuisance candidates b. Yes to enable the COMELEC to generate more revenues for its operations c. No, because the effect of this law is to impose property qualifications in order that a person could run for public office. d. No because it would be discriminatory and confiscatory to candidates who are poor. 135. Can the Commission on Elections deny due course or cancel a certificate of candidacy that was filed in due form? a. Yes because that is within its discretion b. Yes because, just like in a nuisance candidate, the COMELEC possesses the technical expertise to act on all election related problems. c. No because it is ministerial on the part of the COMELEC to receive such certificate. d. No because the COMELEC can not examine patent defects in the certificate that was filed before it. 136. A child was born to a Singaporean father and a Filipina mother. W ould 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? a. No because he, being an illegitimate son of a naturalized mother is disqualified to run as Senator; b. No because he has to elect Philippine citizenship first upon reaching the age of majority. c. Yes, because being an illegitimate child of a Filipino mother, he follows the citizenship of his mother, hence qualified to be a Senator.

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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 acquired a Ugandan passport. In 1992, Pilita returned to the Philippines to run for Governor of Biliran. W as Pilita qualified to run for Governor? a. Yes because she is still a Filipino citizen by birth. b. Yes because there is no legal impediment for her to run as Governor. c. No because when she became a citizen of Uganda, she became a dual citizen and is thus disqualified to run as Governor. d. No because she does not possess the residency requirement. 139. The period to file a petition against a nuisance candidate is: a. W ithin five (5) days from the last day for the filing of certificates of candidacy. b. W ithin five (5) days after the COMELEC publishes the final list of candidates. c. W ithin ten (10) days from the last day for the filing of certificates of candidacy. d. W ithin 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? a. No because this is part of election campaign and the giving of election contributions for as long as it is within the limits provided for by law. b. No because they are considered as any other entity or person exercising political rights. c. Yes because such a disbursement would diminish his its income and would be a controversial disbursement since it would embroil a public utility operator in partisan politics. d. Yes because it will spawn and abet graft and corruption in government in the future. 141. W hat is not considered a LAW FUL ELECTION PROPAGANDA? a. pamphlets, leaflets, cards, decals, stickers or other written or printed materials of a size not more than eight and one half inches in width and fourteen inches in length; b. handwritten or printed letters urging voters to vote for or against any particular candidate. c. cloth or paper or cardboard posters whether framed or posted with an area not exceeding five feet by ten feet. d. Streamers not exceeding three feet by eight feet in size and the posting of decals in mobile places. 142. X was charged with plunder before the Sandiganbayan. He challenged 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? a. Yes, because criminal statutes must be construed against the State; b. No, because the strict or liberal construction of a statute pertains to its interpretation, not its validity; c. Yes, because all doubts must be resolved in favor of the accused; d. No, because a criminal statutes vagueness is not a ground to invalidate it. 143. After obtaining 6.3 million signatures all over the country, Y, with several 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

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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, 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 respondents 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 VicePresident), 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

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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 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 Courts 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 Courts 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 petitioners 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 complainants 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 defendants 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 respondents contention correct? a. Yes, because by failing to cite cases, the trial courts 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;

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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 the judge, as here, stated the facts and law on which his ruling was based. 150. By a vote of 8-5, the Supreme Court in Santiago v. Commission on Elections (promulgated 19 March 1997) ruled that Republic Act No. 6735 is inadequate to implement the initiative clause on proposals to amend the Constitution. Among those who filed dissenting were Justices Artemio Panganiban and Reynato Puno. Nine years later, when most of those who voted with the majority had left the Court and Justices Artemio Panganiban and Reynato puno had become Chief Justice and Senior Associate Justice, respectively; several petitioners filed a petition with the Court to overturn Santiago. Their pleadings relied heavily on the dissenting opinions of Justices Panganiban and Puno. In their Comments to the petition, the respondents objected to petitioners invocation of the dissenting opinions. Is respondents position tenable? 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 Courts new composition; d. No, because dissenting opinions carry persuasive value. 151. In a speech given last year (and which was widely reported in the media), 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 Panganibans comments; d. Yes, because unless overturned, final judgments of the Court form part of the law of the land. 152. The right of the accused against self-incrimination is violated when: a. he is made to undergo an ultraviolet examination b. he is compelled to produce a sample of his signature as prosecution evidence. c. he is placed in a police line-up for identification purposes. 153. The right of a person under investigation to competent and independent counsel may be waived by the suspect a. provided that the waiver is made before a judge b. so long as the waiver is in writing. c. so long as the waiver is in writing and he is assisted by counsel. 154. The State may be sued if the contract sued upon is in the nature of an act. a. jure gestionis b jura regalia c. jure imperii. 155. W hen there is a change of sovereignty, the political laws of the former soverign are:

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a. abrogated b. suspended c. retained. 156. The term nation is: a. used interchangeably with the family of nations b. a legal concept c. implies a common race. 157. A prospective extraditee is not entitled to bail. a. if he is not himself bailable in the requesting state. b. because of the presumption that he may escape if granted. c. unless he can present strong and convincing evidence that he is not flight risk. 158. The establishment clause means that: a. a short prayer may be allowed in public schools if approved by the DECS. b. The State cannot set up a church. c. The State may pass laws which aid not just one but all religious equally and without exception. 159. In our jurisdiction, the power to ratify a treaty is vested in the: 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. a. That natural resources may be harnessed to meet the countrys immediate financial requirements. b. Circumspect action from the government to check denudation of forest lands. c. That trees should be planted to serve as defective wind breakers against the velocity of typhoon winds. 161. The constitutional policy on nuclear allows. a. nuclear arms test b. Manufacture but not the use of nuclear weapons. c. Peaceful use of nuclear energy. 162. The principle that all natural resources of the country are owned by the state 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. a. their exposition, development and urbanization. b. their production, distribution and disposition. c. their exploration, development and utilization. 164. Financial or Technical Assistance (FTAAs) is limited to: a. large-scale exploration, development and utilization of minerals, petroleum and other mineral oils.

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b. small-scale exploration, development and utilization of minerals, petroleum and other mineral oils. c. either large-scale or small-scale co-production, joint venture or productionsharing of all natural resources including minerals, petroleum and other minerals oils 165. Public agricultural lands may be alienated or disposed by means of: a. b. c. d. homestead, sales lease and confirmation of imperfect or incomplete titles. homestead, free patent, sale and lease. free patent, sale, lease and homestead. judicial legalization and administrative legalization.

166. ASYAN TRESUR is a municipality composed of 15 barangays, 10 west of Taktak River and 5 east thereof. The constituents of the 10 western barangays, feeling left out of the services and facilities of the Asyan Treasure, wish to constitute themselves into a new and separate town to be called W estern Asyan treasure. Granting that W estern Asyan Treasure proponents succeed to secure a law in their favor, would a plebiscite be necessary or not? a. Yes, a plebiscite is necessary because all 15 barangays will be affected with 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. W ould 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

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

171. In order to implement a major government flood control project, Sec. Rod W ay of the Department of Public W orks and Highways (DPW H) 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 DPW H 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 DPW H 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. W hich 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 DPW H 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 DPW H 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. a. b. c. d. Either party can go to Court to resolve their boundary conflicts. Both parties can appoint a Mediator who can resolve the conflict between them. Either party can file a resolution with their respective legislative councils Both parties must submit their conflict before the Sangguniang Panlalawigan.

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173.

The Sangguniang Bayan of the Municipality of Cara y Cruz passed 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 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. a. The case should be resolved in favor of Ysabella since Mayor Pangs decision is arbitrary. b. The case will not prosper because the basis of the complaint is a resolution and not an Ordinance. c. The case will prosper because there are better lots to locate the public market. d. The case will not prosper because the Sangguniang Panlalawigan cannot override the resolution of the Municipality of Cara y Cruz.

174. The City of Marikina passed an Ordinance authorizing Mayor Gwapong Bayani, assisted by the police, to remove all advertising signs displayed or 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. W ill Ms. Magandas suit prosper? a. b. c. d. 175. Ms. Magandas suit will not prosper since Mayor Bayanis action to remove the advertising signs was in conformity with the ordinance. Ms. Magandas suit will prosper because Mayor Bayani expropriated her billboards without due process. Ms. Magandas suit will prosper because Mayor Bayani appropriated the use of space for his own political agenda. Ms. Magandas suit will not prosper because she should first appeal the case before the city council.

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 Kongs 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)).

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Given the foregoing definitions, which of the following is not an agency of the government? a. b. c. d. 177. Department of Public W orks and Highways Philippine Ports Authority Instrumentality Land Transportation Office Land Bank of the Philippines

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. W ill 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.

W hile 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. W hen 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? a. b. c. d. Yes, the Commission of Appointments (CA) is correct because no public officer requiring the confirmation of appointment by the CA should assume and discharge his responsibilities while Congress is in recess. No, the observation is not correct since the appointment is in nature of an interim appointment . No, the observation is not correct since the President being the Commander-in-chief may appoint the Chief of Staff without interference from the legislature. Yes, the observation is correct because under the principle of check and balance, the appointment of the Chief of Staff must be confirmed by the Commission on Appointments.

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 Presidents 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? a. Yes, the proposal is legally defensible because Congressman Lipad wants the government to exercise its police power. b. No, the proposal is not legally defensible becaus it violates the constitutional right of the PERA employees to form an organization. c. No, the proposal is not legally defensible because it violates the security of tenure of the employees of PERA.

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d. Yes, the proposal is legally defensible because the restriction on PERA employees to form a labor organization is subservient to the economic goals set out in the proposed bill. 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. W ould this fact entitle Henry Say who 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. a. Par in parem non habet imperium b. Salus populi est sumprema lex c. Pacta sunt servada d. Rebus sic stantibus e. Parens patria 185. This is the meaning of the Latin maxim Salus Populi Est Suprema Lex.

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a. The welfare of the people is the supreme law. b. One of the States cannot assert jurisdiction over another State. c. Guardian of the rights of the people. d. Treaties concluded by the state should be observe in good faith. e. A legal principle which would justify non-performance of a treaty obligation if the conditions in relation to which the parties contracted have changed so 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. b. c. d. e. Power of Taxation Tariff Power Power of Eminent Domain or Power Of expropriation Emergency Power 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. W hich of the following rights or guarantees against injustice to the accused is available during custodial investigation? a. b. c. d. e. Right to be presumed innocent Right to be heard Right to have speedy, impartial and public trial. Right of confrontation Right against torture, force, violence, threat, intimidation or any other means which vitiate free will.

189. It is defined as the body of rules of maxims in accordance with which the powers of sovereignty are habitually exercised. a. b. c. d. e. Civil Code Constitution Revised Penal Code National Interval Revenue Code. Corporation Code.

190. W hich of the following statement do not illustrate the supremacy of the constitution? a. It is the basic and paramount law. b. It is the law to which all other laws must confirm c. Civilian authority is supreme over the military d. It is the law to which all persons, including the highest officials of the land, must defer e. No act shall be valid, however noble its intentions, if it conflicts with 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

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b. Unwritten Constitution c. Conventional Constitution d. W ritten Constitution e. Rigid Constitution 192. W hich of the following characteristics is not an essential quality of a written constitution? a. Ambiguous b. Broad c. Brief d. Definite e. Clear 193. W hich 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: a. Self- executing rather than non-self-executing b. Mandatory rather then directory. c. Prospective rather than retrospective. d. Progressive rather than petrified. e. A, B and C 196. W hich 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? a. Theory of the conventional Sovereignty or Supremacy. b. Theory of Conventional Inferiority. c. Theory of Conventional Independence and Co-Equality. d. None of the above e. All of the above 197. W hich 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 198. The Congress in calling a Constitutional Convention is acting as: a. Investigative body. b. Legislative body c. Constituent body d. All of the above

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e. None of the above 199. It is the number of votes needed when the Congress is the one proposing amendments to the constitution. a. Two-thirds (2/3) vote of all the members of Congress. 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. W hich of the following is not a requisite of judicial inquiry into a constitutional question? a. There must be an actual case or controversy. b. The question of unconstitutionality must be raised by the proper party. c. The constitutional question must be raised at the earliest possible opportunity d. The decision of the constitutional question must be necessary to the determination of the case itself. e. The constitutional question must involve an issue relative to the p olicy, wisdom, practicality or efficacy of an act of a law. 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? a. Yes, the municipality is liable because under Sec. 24 of the Local government Code, a local government unit is not exempt from liabilities or death or injury to persons or damage to property. b. No, the municipality is not liable because the incident was purely an accident. c. Yes, the municipality is liable because Mr. Jose Reyes was undertaking a proprietary function at the time of the incident. d. No, the municipality is not liable for the tort committed by Mr. Reyes. e. None of the above. 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

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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. 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 Treasurers 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? a. No, it cannot due to the principle of separation powers. b. No, it cannot because the local chief executive has adequately expressed his legal objection to the passage of the ordinance. c. Yes, it can by two-thirds vote of all its members. d. Yes, it can by two-thirds vote of all members present in the session. e. No, it cannot because the veto power of of the local chief executive is absolute in nature. 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. W hat 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.

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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 a. No, it is not proper because Director Sorbetes is deprived of due process. b. No, it is not proper because the ombudsman should allow the secretary of Department of Public W orks 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? a. No, there is no distinction. COMELEC has jurisdiction in both cases. b. Yes, there is a distinction. A quo warranto proceeding is heard by the trial court while an election protest is tried by COMELEC. c. No, there is no distinction because both question the right of a person to occupy the elective position. d. Yes, there is a distinction because only losing candidates can file an election protest while any registered voter can file a quo warranto proceeding against a winning candidate. e. None of the above 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. b. c. d. e. tolls fees charges estate taxes 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? a. b. c. d. When the amount to the controversy is small. When the question involved is purely legal When decision of the administrative agency is patently illegal All of the above

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ANSWER KEY IN POLITICAL LAW 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 31. B 32. A 33. A 34. E 35. D 36. B 37. B 38. A 39. A 40. E 41. B 42. B 43. E 44. E 45. D 46. E 47. E 48. A 49. A 50. C 51. E 52. C 53. E 54. E 55. C 56. E 57. B 58. B 59. E 60. D 61. D 62. C 63. B 64. D 65. E 66. E 67. D 68. E 69. B 70. A 71. A 72. D 73. B 74. D 75. E 76. D 77. C 78. B 79. C 80. C 81. A 82. D 83. D 84. C 85. C 86. E 87. D 88. D 89. E 90. D 91. B 92. C 93. C 94. C 95. E 96. D 97. C 98. E 99. B 100. A 101. C 102. C 103. C 104. E 105. E 106. B 107. A 108. B 109. B 110. C 111. D 112. A 113. B 114. B 115. D 116. B 117. B 118. A 119. D 120. D 121. A 122. B 123. B 124. C 125. D 126. D 127. A 128. C 129. D 130. A 131. B 132. D 133. A 134. C 135. C 136. A 137. C 138. C 139. A 140. C 141. B 142. D 143. D 144. 145. 146. D 147. B 148. B 149. D 150. A 151. D 152. B 153. C 154. C 155. B 156. C 157. C 158. B 159. B 160. B 161. C 162. B 163. C 164. A 165. A 166. A 167. C 168. A 169. B 170. A 171. A 172. D 173. B 174. B 175. B 176. A 177. B 178. B 179. B 180. B 181. C 182. C 183. E 184. B 185. A 186. C 187. D 188. E 189. B 190. C 191. B 192. A 193. D 194. C 195. E 196. C 197. D 198. C 199. C 200. 201. E 202. A 203. C 204. F 205. D 206. C 207. A 208. C 209. D 210. D 211.

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