POLITICAL LAW MULTIPLE CHOICE QUESTIONS ATTY. CECILIO D. DUKA, Ed.D.

Direction: Choose the CAPITAL LETTER of the best answer and write it on the answer sheet.

1. General Manda Rambong is charged with plunder under R.A. 7080 but before he could be arrested

by law enforcers he managed to enter Greenland via Canada. He sought political asylum alleging that

the charges against him are baseless and that the new government is persecuting him due to the fact

that he was a staunch ally of the former president. Should the Danish government grant him asylum

pursuant to international law? A. Yes, because he is persecuted due to his political affiliation.

B. No, because he is a military personnel and under international law military men are

not supposed to meddle with politicians.

C. Yes because there is no extradition treaty between the Philippines and Denmark who

owns Greenland. No because he is not a political offender but a common criminal under international law.

2. The regional assembly of the Autonomous Region in Muslim Mindanao passed MMA Act 201 creating

the province of Sharif Kabunsuan. Its creation was challenged on constitutional and statutory grounds. Is

the creation of Sharif Kabunsuan valid? A. Yes, because it is based on delegated powers of Congress

B. Yes, because ARMM has powers to create a local government unit

p. No, because Only the president can order the creation of a public corporation

D. o, because only Congress can create a province or city (Sema vs. Comelec)

3. Congressman Juls Cuaderma was suspended by the House of Representatives for his disorderly

behavior and for truancy. However, he questioned the legality of his suspension alleging that those who

voted for his suspension did riot reach the required number of votes under the Constitution. He asked

your opinion as to how many members should vote to discipline him. What would be your advice?

A. Majority vote C. 1/3 vote of all the members

B. % vote of all the members D.-72/3 of all the members (Art. Vi, Sec. 16(3)

4. Atty. Dipasupil and the Kilusang Masa gathered almost 19 million signatures constituting more than

12% of the registered voters in the country for the purpose of amending the Constitution. They are

proposing to amend Article VI Constitution to make the system of government a parliamentary one. They

filed a petition with the COMELEC to verify the signatures. The COMELEC denied their petition. Is the

denial (the COMELEC tenable? A..)Yes, because the proposal constitutes revision and it cannot be done by people's initiative

(Art. XVII, Sec. 2, Lambino vs. Comelec) B. No, because the petitioners have met the Constitutional requirements for a valid people's

initiative C. No, because there people's initiative is a valid means of amending or revising the Constitution

D. Yes, because there is yet no law for the conduct of a people's initiative

5. When General Antipwera received a Writ of Amparo from the Court of Appeals in connection with the

alleged disappearance of Jonah, a suspected NPA cadre, he filed a motion for extension for extension

to file his return. Such motion was denied by the Court of Appeals. Is the denial valid?

A. Yes, the denial is valid on the ground that he did not post bond

c..0 Yes the denial is valid because it is a prohibited motion under the rules on the Writ of Amparo

C. No, the denial is invalid because it will deny the general of his right to due process

D. No, the denial is incorrect because such motion is allowed by the rules on the Writ of Amparo

6. Abdul Akmad is a Yemeni who was hired by Khadaffy, the president of Petrovakia as a member of his

personal guards. Abdul Akmad was captured by the American contingent in one skirmish near the Golan

Heights. Should the Americans treat Akrnad as a prisoner of war?

A. Yes, because he is a recognized fighter in a multinational armed conflict

B. Yes, because he is a regular member of the armed forces

/ -C No , because he is not a national of the belligerent state.

D) No, because he is fighting as a mercenary

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available to the public but also those ually benefit from the expropriation of ter. nsation

7. Gloring Makapai is a Filipino citizen who was accused of committing crimes against humanity. . Gabriela a women's party list organization filed a case wit the International Criminal Court against

Gloring. The prosecutor of the ICC refused to investigate and prosecute Gloring despite orders from the Trial Division to investigate and prosecute her. Is the refusal o the prosecutor justified?

A. Yes, the refusal is justified because the accused is of in the custody of the ICC B. No, the refusal is unjustified because the crime corn itted is cognizable by the ICC C. No, the refusal is valid because the Philippines is n. a member of the ICC D,,Yes, the refusal justified because the order to invest gate came frOm the Trial Division

8. State CZ is a neutral state vis — a — vis the armed conflict between CPR and CD. When a vessel belonging to CZ with knowledge of the existence of the blocka e enters or leaves the blockaded port CZ is committing

A. Abstinence ---7-07, Breach of bloc de B. .Acquiescence `b. Unneutral servi e

9. A government that gets possession and control of, or usur s by force or by the voice of the majority, the rightful legal government and maintains itself against the wi I of the latter.

A. Revolutionary government C. De jure overnment Be facto government

D. Belliger nt occupation

10. When the State itself commences litigation, thus opening i self to a counter-claim, or when it enters into a contract it gives

to be sued. rA implied consent C. Valid co sent . Express consent D. Tacit co sent

11. When Congress gets a majority vote of all its members for the purpose of amending or revising the constitution, it must

schedule a plebiscite to ask the people if they want a onstitutional convention (Article VII, Sec. 3)

B. schedule a plebiscite to ask the people if they want a onstituent assembly C. pass a law that will call for a constitutional convention D. revise or amend the constitution by itself

12. They are citizens of the Philippines from birth without havin to perform any act to acquire or perfect their Philippine citizenship.

(2A. Naturalized citizens C. Jus sang finis 8t) Natural born citizens

D. Derivativ citizenship

13. An accused who is released on bail A. cannot travel at all B. can travel outside the country when he wants to C.

has unlimited right of travel within the municipality or ity where he resides or where the case is pending,

can travel outside the municipality or city where the c se is pending without the authorization of the court

14. This has been broadened to include not only uses directly which redound to their indirect benefit; that only a few would

a. the property does not necessarily diminish its essence and chara

rb Taking Public use C. Just comp

D. Expropriati

15. The accused has the right to cosel A. during inquest C ,1 at all stages of the procee ings B. during arraignment

D. during arraignment and pr mulgation of judgment

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17. Lao Fo, a Vietnamese who was born and continues to reside in the Philippines was naturalized in accordance with law. His wife and minor children will

A. automatically become Filipino citizens. B. have to be deported from the country C. have to file a petition for cancellation of their alien certificates of registration D. apply for naturalization

18. It is considered as the basis of proof beyond reasonable doubt. 4. Absolute certainty C. Reasonable suspicion

Moral certainty D. Equiponderance

19. Due process is satisfied if the accused is informed as to why he is proceeded against and what charge he shall meet with his conviction being made to rest on evidence that is not tainted with falsity after full opportunity for him to rebut it and the sentence being applied in accordance with a valid law.

A. Procedural due process of law C. Right to be informed B. Presumption of innocence D Criminal due process

20. All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or be released on recognizance except:

A. before conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court

B. after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court

C. before conviction by the Regional Trial court of an offense not punishable by death, reclusion perpetua, or life imprisonment

D. there is undue risk that he may commit another crime during the pendency of the appeal.

21. It means any rally, demonstration, march, parade, procession or any other form of mass or concerted action held for the purpose of presenting a lawful cause; or expressing an opinion to the general public on any particular issue; or protesting or influencing any state of affairs whether political, economic or social; or petitioning the government for redress of grievances.

A. Picketing C. Freedom of Expression B. Strike 'D? Public Assembly (Batas Pambansa BIg. 880)

22. The following are the requisites of a valid search warrant except .A. justifiable cause is present B. such presence is determined personally by the judge C. the complainant and the witnesses he or she may produce are personally examined

by the judge, in writing and under oath or affirmation D. the applicant and the witnesses testify on facts personally known to them

23. Juan Dimapagkatiwalaan run and won as a member of the House of Representatives for three consecutive terms. However, on his third term he was disqualified and was unseated on the second year of his third term. On May 10, 2010, he again filed his certificate of candidacy for the same position. Is he

qualified to run for the fourth time? A. No because he has already reached the term limitation for his position B,,,No because that will give him an undue advantage over other candidates q,.)Yes because he was not able to fully serve his term D. Yes because the people have spoken and the voice of the people is the voice of God.

24. The doctrine of Incorporation states that A. the international law principles are transformed into local legislations so that they could be

implemented in our jurisdiction the generally accepted principles of international law are made part of the law of the land either by express provision of the constitution or by means of judicial declaration or fiat

C. parties to a treaty must adhere thereto in good faith D. the Philippines renounces war as an instrument of national policy.

25. It is a situation where there is a sharing of two or more departments in the performance of a given

constitutional task. One department acts in a manner complementary or supplementary to another. A. Blending of powers C. Checks and balance B. Delegation of powers D. Separation of powers

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nts of government. It is essential to the government shall not encroach upon the cise its powers without intruding into the endent, and coordinate. esidual powers eparation of powers

e sanctity of family life and protects and on. It shall equally protect the life of the I and primary right and duty of parents in ent of moral character shall receive the

anctioning same sex marriage ontrolling child birth

26. It is an imaginary straight line joining outermost points enclosing an area the ratio of which should not exceed 9:1 ( the lines shall not depart to any appreciable extent from the g

A. Archipelagic Doctrine ;C„'Straigh B. Low water mark D. Contig

of outermost islands of the archipelago, ater to land); provided that the drawing of neral configuration of the archipelago. Baseline Method

ous zone

27. it is defined as a community of persons, more or less nu erous, permanently occupying a definite portion of territory, independent of external control, and loess ssing a government to which a great body of the inhabitants render habitual obedience.

A. Nation

B.,8tate C. Sovere D. Govern

28. It is a basic principle that underlies the three departm operation of this system that the departments or branches o: powers of each other. it means that each branch must exe exercise of the powers of the other branches, for they are ind

A. Blending of powers B. Delegation of powers D

29. The Constitutional mandate is that the state recognizes t strengthens the family as a basic autonomous social institut mother and the life of the unborn from conception. The natur the rearing of the youth for civic efficiency and the develop support of the Government. This manifested in

A. the passage of the RH Bill

0 the state penalizes abortion C. D.

30. Academic freedom is enshrined in Article XIV Section 5 o the 1987 Constitution and it is granted to all

A. educational institutions tate colleges and universities institutions of higher learning D. rivate schools

31. The separation of church and state shall be inviolable is m No law shall be made respecting an establishment thereof. The free exercise and enjoyment of r discrimination or preference, shall forever be allow the exercised of civil or political rights.

B. Charitable institutions, churches, and parsonages o non-profit cemeteries, and all lands, buildings, a exclusively used for religious, charitable, or edu taxation.

C No public money or property shall be appropriate indirectly, for use, benefit, or support of any sect, c or system of religion, or of any priest, preacher, dignitary as such, except when such priest, preach armed forces, or to any penal institution, or govern

D. At the option expressed in writing by the parents or be taught to their children or wards without addition

32. This is a question of policy. It refers to those questions decided by the people in their sovereign capacity or in regar been delegated to the legislative or executive branch of the independent upon the wisdom, not legality, of a particular Teas

A. Justiciable question B. Prejudicial question D L

nifested in the following except: f religion, or prohibiting the free exercise

ligious profession and worship, without d. No religious tests shall be required for

convents appurtenant thereto, mosques, d improvements, actually, directly, and ational purposes shall be exempt from

, applied, paid, or employed, directly or urch, denomination, sectarian institution, minister, or other religious teacher, or r, minister or dignitary is assigned to the ant orphanage or leprosarium. uardians, religion shall not be allowed to

I cost to the Government.

which under the Constitution, are to be to which full discretionary authority has overnment. It is concerned with issues re. litical Question gal question

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33. It is intended to map out the boundaries of the delegate's authority by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected. Its purpose is to prevent a total transference of legislative power from the lawmaking body to the delegate.

A. Test of constitutionality C. Grave abuse of discretion test B. Sufficient Standard test D. Completeness test

34. These provisions of the Constitution need enabling laws for their proper implementation

A. Self — executing provisions C. General provisions

B. Transitory provisions ;Non self — executing provisions

35. It is composed of 12 Senators and 12 Representatives, elected by each house on the basis of proportional representation from the political parties and parties and organizations registered under the party-list system represented therein. The Senate President serves ex-officio chairman who does not

vote except in case of tie. A.)Commission on Appointments C. Bicameral Conference Committee

Electoral Tribunals D. Ethics Committee

36. Which of the following is an appellate jurisdiction of the Supreme Court? A. Cases affecting ambassadors, other public ministers and consuls B. Petition for certiorari, prohibition, mandamus, quo warranto, and habeas corpus

C. Review of factual basis for the declaration of martial law or suspension of the privilege of writ

of habeas corpus. D All cases involving the legality of any tax impost, assessment, or toll, or any penalty imposed

in relation thereto

37. It is also often referred to as expropriation, is, like police power and taxation, an inherent power of sovereignty. It need not be clothed with any constitutional gear to exist; instead, provisions in our Constitution on the subject are meant more to regulate, rather than to grant, the exercise of the power.

A. Just compensation C. Due process B. Eminent Domain D. Condemnation

38. Astcletfrom Congress, who else may exercise the power of taxation?

AA.. aw-making bodies of LGU's C. The Commissioner of BIR B. The President of a GOCC D. The Public corporations

39. Which of the following is not an inherent limitations of taxation? A. Public purpose; Non-delegability of power; B. Territoriality or situs of taxation; D Exemption of GOCC

40. The power of eminent domain is generally lodge in the legislature, but may not be validly delegated to

A. President; B. Public corporation

Law-making bodies of LGUs; GOCC with original charter

41. It is a requisite of eminent domain which as a the rule in this jurisdiction, private property may be expropriated for public use and upon payment of just compensation; that condemnation of private property is justified only if it is for the public good and there is a genuine need therefor of a public character.

A. Taking 0 Necessity B Private property D. Just Compensation

42. It is the price that may be agreed by the parties who are willing but not compelled to enter into a contract of sale.

A. Actual price cC)Fair market value B. Assessed value D. Negotiated value

43. It occurs when the government confiscates or physically occupies a private property. A. Regulatory taking C. Confiscatory taking B.Possessory taking D. Condemnation

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44. The elements of due process in expropriation proceedings re well established and it excludes: A tribunal clothed with judicial power to hear and det rmine the matter before it.

LB) Jurisdiction is questioned before a competent court r tribunal. C. The defendant must be given an opportunity to be h ard. D. Judgment must be rendered upon lawful hearing.

45. It occurs when the government's regulation leaves no reasonable economically viable use of the prope

Regulatory taking C. Confiscatory taking Possessory taking D. Conde nation

46. It is the power of promoting public welfare by restraini g and regulating the use of liberty and property. It is based on public necessity and the right of the St te and of the public to self-protection and self-preservation.

A. Law of overruling necessity C. Social J stice B. Doctrine of overbreadth (D )Police sower

47. The following are citizens of the Philippines except: A. Those who are citizens of the Philippines at the time

qq)Those whose fathers and mothers are citizens of th C. Those born before January 17, 1973 of Filipino m

upon reaching the age of majority D. Those who are naturalized in accordance with law.

of the adoption of the 1987 constitution Philippines (Art. IV, Sec. 1) thers, who elected Philippine citizenship

48. Under this test, even if a law furthers an important or substantial governmental interest, it should be invalidated if such governmental interest is not unrelated to t' e suppression of free expression. Even if the purpose is unrelated to the suppression of free speech, the law should nevertheless be invalidated if the restriction on freedom of expression is greater than is necessary to achieve the governmental purpose in question.

A. Clear and present danger C. Danger us tendency rule B. Content based restrictions ;` )) O'Brien test

49. Professional squatters refer to individuals or groups who: A. occupy lands with the express consent of the lando ner

have insufficient income for legitimate housing C. persons who have previously been awarded homelo s or housing units by the Government but

who sold, leased or transferred the same to settl illegally in the same place or in another urban area, and non-bona fide occupants and i truders of lands reserved for socialized housing. (Section 3(m), Republic Act No. 7279)

D. individuals or groups who simply rent land and housing from professional squatters or squatting syndicates

50. The Special Committee on Naturalization is composed of t e following: Solicitor General, Commissioner of Immigration and he National Security Adviser,

4. Solicitor General, Secretary of Foreign Affairs, and t. e National Security Adviser, (RA 9139) C. Solicitor General, Ombudsman, and the National De ense Secretary D. Secretary of Justice, Solicitor General, Secretary of oreign Affairs

51. It is founded upon the first principle of justice, and is not a mere form but a substantial part of the law. It is not overcome by mere suspicion or conjecture; a pr bability that the defendant committed the crime; nor by the fact that he had the opportunity to do so. It purpose is to balance the scales in what would otherwise be an uneven contest between the lone indiv dual pitted against the people and all the resources at their command.

A. Right to be informed C Presum tion of innocence B. Procedural due process of law D. Crimina due process

52. It is a process provided by Commonwealth Act A. Administrative naturalization B. Congressional grant

53. The .equal protection clause applies to A)Natural and juridical person

. Natural person only

473 for e acquisition of Philippine citizenship. Judicial naturalization

D. Repatriation

C. Juridica persons only D. Propert of juridical persons

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54. In the constitutional sense, it does not only mean freedom from unlawful' government restraint; it must include privacy as well, if it is to be a repository of freedom. The right to be let alone is the beginning of all freedom it is the most comprehensive of rights and the right most valued by civilized men.

A. Due process of law 43 , Liberty (City of Manila vs. Laguio)

C. Life D. Property

55. As that phrase connotes, it asks whether the government has an adequate reason for taking away a person's life, liberty, or property. In other words, it looks to whether there is a sufficient justification for the government's action.

Substantive due process C. Due process of law B. Procedural due process D. Equal protection of the law

56. Due process requires that the terms of a penal statute must be sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties.

Al Void for vagueness doctrine C. Procedural due process B. Overbreadth doctrine D. Substantive due process

57. It means that while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is deemed, malicious, nevertheless, when the discreditable imputation is directed against a public person in his public capacity, it is not necessarily actionable.

A. Privileged communication !,C. Fair comment (Borjal vs. CA) B. Freedom of speech D. Public figure

58. A person who wishes to be a naturalized Filipino citizen must possess the following qualifications except:

A. He must be not less than eighteen years of age on the day of the hearing of the petition (Commonwealth Act No. 473)

B. He must have resided in the Philippines for a continuous period of not less than ten years C. He must be of good moral character and believes in the principles underlying the Philippine

Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living

D. He must own real estate in the Philippines worth not less than five hundred thousand pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful occupation

59. It means the highest degree of restraint that the military, police and other peace keeping authorities shall observe during a public assembly or in the dispersal of the same.

A. Calibrated preemptive response C. Maximum restraint (BP 880) B. Peaceful dispersal Maximum tolerance

60. It means reasonable belief that a person might have committed a crime so as to warrant a full blown trial.

Personal knowledge C. Opinion EU)Probable cause D. Justifiable cause

61. In determining probable cause for purposes of i uing a warrant A. hearing is a mandatory requirement C)hearing is not required B. hearing is optional D. hearing is discretionary

62. This-is the objective of the particularity of description in issuing a warrant. A. t Elimination of general warrants (Stonehill vs. Diokno) C. Protection of liberty

Restriction on governmental powers D. Limit the powers of the judge

63. This right is one of the most threatened rights of man living in a mass society. The threats emanate from various sources-- governments, journalists, employers, social scientists, etc.

A. Privacy of communication Right to liberty B. Right to due process ( D.)Right to privacy (Ople vs. Torres)

64. This is a fundamental principle of our democratic government. It is a preferred right and, therefore, stands on a higher level than substantive economic or other liberties.

A. Freedom of expression (ABS — CBN vs. Comelec) C. Life B. Freedom of Religion D. Liberty

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65. It requires that the law operates uniformly on all perso: s under similar circumstances or that all persons are treated in the same manner, the conditions not ing different, both in privileges conferred and the liabilities imposed.

A. Due process of law C,qual . otection B. Void for vagueness D. Presu ption of innocence

66. No permit shall be required if the public assembly shall be •one or held in A. a national park .,c C)PUP ca pus (campus of a state college) B. a national highway b. Mendio bridge

67. FAG ASA entered into a contract with CYROPIA Indust ies to procure several Doppler Gauges in order to effectively determine and forecast the weather condi ons to save lives and property. However, the budget of PAG — ASA was slashed by Congress and s a result it defaulted in its obligations. CYROPIA sued PAG — ASA for breach of contract. PAG ASA raised the defense of sovereign immunity. Is the defense valid?

A. The defense is invalid because when PAG — ASA e tered into a private contract, it waived its immunity

B. The defense is invalid because FAG — ASA engages itself in a proprietary function C The defense is valid because PAG — ASA is an unin orporated agency of the government. D. The defense is valid because it is in the exercise of i s jure gestiones functions.

68. Representative Porfirio Lagascon has been charged with ultiple murder. When the court issued the warrant for his arrest he refused to be arrested contending a ong others that he enjoys parliamentary immunity, thus he cannot be arrested while Congress is in ses ion. Is he correct?

A. Yes he is correct because every member of Congre s enjoys parliamentary immunity B. Yes, because his arrest and detention will deprive his constituents of their representation in

Congress C. No, because he did not file a motion to quash the w. rrant of arrest

o, because the penalty for the offense charged is ore than six years imprisonment. (Art. VI, Sec. 11)

69. The national territory comprises the Philippine archipelago with all the islands and waters embraced therein, and all other territories over which the Philippines has , consisting of its terrestrial, fluvial, and aerial domains, including its territorial .ea, the seabed, the subsoil, the insular shelves and other submarine areas. The waters around, be ween, and connecting the islands of the archipelago, regardless of their breadth and dimensions, orm part of the internal waters of the Philippines.

A. possession and administration C. control nd supervision &sovereignty or jurisdiction (Art. I) D. sovereignty or administration

70. It is composed of 12 Senators and 12 Representatives, elected by each house on the basis of proportional representation from the political parties and or•cnizations registered under the party-list system represented therein. The Senate President serves a ex-officio chairman who does not vote except in case of tie.

Commission on Appointments (An. Vi, sec 18) C. Bicam ral Conference Committee B. Electoral Tribunals D. Ethics ommittee

71. Which of the following is an appellate jurisdiction of the Sul reme Court? A. Cases affecting ambassadors, other public minister, and consuls B. Petition for certiorari, prohibition, mandamus, quo v rranto, and habeas corpus C. Review of factual basis for the declaration of martial law or suspension of the privilege of writ

of habeas corpus. D All cases involving the legality of any tax impost, a sessment, or toll, or any penalty imposed

in relation thereto (Art. VIII, Sec. 5(2a)

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72. Under this doctrine once a bill passes a legislative body and is signed into law, the courts assume that all rules of procedure in the enactment process were properly followed. That is if a legislative document is authenticated in regular form by the appropriate officials, the court treats that document as properly adopted .

A. Approved bill doctrine C. Presumption of constitutionality I, B. Enrolled bill doctrine (Astorga v. VIVegas) D. Presumption of regularity

73. It is the refusal of the President to spend funds already allocated by Congress for specific purpose. It is the failure to spend or obligate budget authority of any type.

A. Executive privilege C.'Power of impoundment (Philconsa vs. Enriquez)

B. Executive prerogative D. Veto power

74. These are the rights provided by laws promulgated by the law-making body and may be abolished by the same body.

A. Natural Rights C. Statutory Rights B. Constitutional Rights D. Human Rights

75 This executive prerogative looks backward and puts to oblivion the offense itself. This is granted to politicairoffenders and granted to classes of persons. This, however, requires concurrence of Congress.

tA, ;Amnesty C. Pardon B. Commutation D. Reprieve

76. Under this rule, the acts of the heads of executive departments when performed and promulgated in the regular course of business or unless disapproved or reprobated by the Chief Executive, are presumptively the acts of the Chief Executive.

A. Veto power C. Ego doctrine `Br Doctrine of Qualified Political Agency D. Power of control

77. The president may grant plenary or conditional pardon. However this power is not absolute. Which of the following is a valid limitation on the pardoning power of the president?

A. Pardon can be granted in violations of election laws without favorable recommendations of the COMELEC

B. Pardon can be granted in cases of impeachment C. Pardon cannot be granted after convictions by final judgment

(p) Pardon cannot be granted in cases of legislative contempt or civil contempt

78. Under this doctrine if a law or contract violates any norm of the constitution that law or contract whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes is null and void and without any force and effect.

A. Constitutional Law C. Presumption of Constitutionality o\B,..Constitutional Supremacy D. Presumption of regularity

79. The following except one are Constitutional safeguards on the exercise of the power of the President to proclaim martial law

A. There must be actual invasion or rebellion and public safety requires it B. The President must report to Congress within 48 hours

„C. The duration of the proclamation shall not exceed 60 days . D. Automatic review of the Supreme Court within a period of 30 days

80. The Philippines filed a case against China over the dispute in the Kalayaan Islands with the International Court of Justice. Since there is no Filipino sitting as a judge in the ICJ the Philippines may

A. choose another venue to dispose of the case against China B. enter into an amicable settlement with China t& appoint a Filipino judge ad hoc D. seek the assistance of the Security Council

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81. In defining the internal waters of the archipelago straight baseline shoOld be drawn to connect appropriate points of the outermost islands without departing radically from the general direction of the coast so that the entire archipelago shall be encompassed as one whole territory. The waters inside these baselines shall be considered internal and thus not subject to entry by foreign vessels without consent of the local state.

A. Archipelagic Doctrine C. National territory B. Internal waters D. Straight Baselines Method

82. It is a customary international law that has attained the s atus of a peremptory norm accepted and recognized by the international community as a rule from which no derogation is permitted and can be modified only by a subsequent norm having the same character. It is a compelling law or a higher law.

A. Pacta stint servanda C. Clausul a rebus sic stantibus B. Most Favored Nation Clause f@jdus cogens

83. Every law passed by Congress is constitutional unless it is declared otherwise by the majority of the membe s of the Supreme Court. This is known as

A Presumption of Constitutionality C. Constitutional Law B. Constitutional Supremacy D. Presumption of regularity

84. In the mayoralty elections in San Porfirio, Antonio Paiaraw was proclaimed winner. However, the losing candidate filed a protest for the declaration of failure of election on the ground that the proclaimed winner engaged in illegal activities like vote buying and other election fraud. Is there a valid ground to declare failure of elections?

A. Yes. because vote buying is an election offense l‘,B) No, because the will of the voters has already been determined with the proclamation of the

winner (Banaga vs. Comelec) C. Yes, because even if the winner has already been proclaimed, such proclamation can still be

challenged D. No, because the petitioner failed to support his allegations with sufficient evidence.

85. In this form of government the State confers upon the leg slature the power to terminate the tenure of the executive. Under this system, the Cabinet or Ministry is immediately and legally responsible to the legislature and politically responsible to the electorate.

A. Federal a) Parliamentary B. Presidential D. Unitary

86. Mandu Rugas, a Former Governor a Timbuktu Province had dismissed several employees to scale down the operations of his Office. The employees complained to the Merit Systems Protection Board, which ruled that the Civil Service rules were violated when e employees were dismissed. The Civil Service Commission (CSC) affirmed the MSPB decision, ,arc! ordered the province to reinstate the employees with full backwages. The province did not appeal and the order became final. Instead of complying immediately, Many Nikil, the incumbent Governor of Timbuktu, referred the matter to the Commission on Audit (COA), which ruled that the amounts du e are the personal liabilities of the former Governor who dismissed the employees in bad faith. Thus, —imbuktu refused to pay. The final CSC decision, however, did not find the former Governor in bad faith. The former Governor was likewise not heard on the question of his liability. Is Timbuktu's refusal justified?

A. Yes the refusal is valid and the former governor must shoulder the expenses using his personal funds

B. No, the refusal is invalid because the dismissal was in accordance with the settled rules of procedure. Yes, the refusal is valid because the employees were dismissed in bad faith, thus illegal No, the refusal is unjustified because, the dismissal was illegal and the as executive officer of the province was not found to be in bad faith thus, the liability belongs to the province

87. When a particular conduct is regulated in the interest of pu DiiC order and the regulation results in an indirect, conditional and partial abridgment of speech, the duty of the court is to determine which of the two conflicting interests demands the greater prote on under the particular circumstances presented. A. Prior Restraint Rule C. alancing of Interest Rule

B. Dangerous Tendency Rule Clear an i Present Danger Rule

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88. A group of students in Lagro High School, a public high school were summoned by the school principal to explain their alleged non participation in the flag raising ceremony. The students contended that their religion prohibits them to take part in such ceremony as it would constitute idolatry which is-forbidden by their religious beliefs. Are the students justified in their non - participation?

Yes, the students are correct because the right to believe includes the right to acto on one's beliefs

B. No, the students are incorrect because such no - participation is violative of the flag law C. No, the students are incorrect because that is not covered by their religious freedom D. Yes. the students are correct because such compulsion is violative of their academic freedom

89. It is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. it also covers extralegal killings and enforced disappearances or threats thereof.

A. Writ of Kalikasan eo Writ of Habeas Corpus B. Writ of Habeas Data t Writ of Amparo

90. Mario Dimapakali filed a petition before the Supreme Court so that the issue of the manner of voting jointly or separately in cases of constituent assembly or constitutional convention is settled once and for all. Will this case prosper?

A. Yes because Dimapakali is a taxpayer ..S.-'Yes because he is raising a constitutional issue

LC,,No because there is no actual case or controversy to settle D. No because he is not a proper party to the case

91. One of the provisions of Overseas Absentee Voting Act grants the COMELEC a sweeping authority to proclaim all winning candidates in a national election. Is the provision constitutional?

OThe provision is unconstitutional because the COMELEC can only proclaim the winning candidates as mandated by the Constitution

B. The provision is constitutional as the COMELEC is vested with authority to proclaim all winners in an election

C. The provision is unconstitutional because only Congress has the power to proclaim winners in a national election

D. The provision is constitutional because it is not germane to the purpose of the law

92. The Office of the Ombudsman issued a suspension order for the alleged misconduct of Congressman Manunuba when he was caught selling smuggled items like jewelries and perfumes. Congressman Manunuba contested the suspension order alleging that it is not within the power of the Ombudsman and that he was not given due process before the issuance of the suspension order. Is the Congressman's contention correct?

A. Yes, he is correct because due process is a right of every individual B. No, he is wrong because, the Ombudsman has the power to suspend all elected and

appointed officials of the government

CL:7- Yes, the contention is correct because the Ombudsman cannot suspend a member of Congress (Sec. 21, R.A. 6770)

D. No, the contention is wrong because the case involves a government official charged with misconduct, thus, the Ombudsman has the power to suspend him

93. The Office cf the President acting on the recommendation of the Secretary of the Department of Interior and Local Government ordered the removal of the mayor of Malakati due to his alleged involvement in illegal activities like gambling and prostitution in his locality. The mayor questioned the order on the ground that the President has no power to remove him from office. Is the mayor correct?

A. No, he is incorrect because the Office of the President has the power of administrative control over all local government officials

&Yes, he is correct because the penalty of dismissal from service upon an erring elective local official may be decreed only by a court of law (Sec. 60, R.A. 7160)

C. Yes, he is correct because he can only be removed via a recall election as sanctioned by the COMELEC.

D. No, he is wrong because the President has the constitutional mandate to discipline erring local government officials and employees even those who are elected by the people

94. It embraces ali branches, subdivisions, instrumentalities and agencies of the government, including government-owned and controlled corporations with original charters. Appointments in this shall be made only according to merit and fitness to be determined, as far as practicable, and except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examinations.

A. Government instrumentalities C. Executive Department 11

B. Government of the Philippines D ivil Se vice (Article IX B, Sec. 2(1,2)

95. These are private corporations that render public send eleemosynary objectives. While they are purposely organized are required by law to discharge functions for the public benefi

A. Locai government units C. Public c B. Non — stock corporations uasi p

Society fo . Commissi.

, supply public wants, or pursue other • r the gain or benefit of its members, they

rporations iblic corporations (Philippine the Prevention of Cruelty to Animals vs. n on Audit)

96. The President appointed Commissioner Mariano Makasin Audit while Congress in on recess. When Mariano's appointor Appointment, it was bypassed and was not acted upon until President reappointed Mariano. Is the reappointment valid and

()The reappointment is invalid because once bypass disapproved by the Commission on Appointments (

B. The reappointment is valid because when it was ma C. The reappointment is valid because it was not cat

appointments D. The reappointment is invalid because it is another in

00 411 COCt 1.45

C1 4 (

ak as a member of the Commission on nt was submitted to the Commission on the next adjournment of Congress. The r the law? d an ad interim appointment is deemed ,atibag vs. Benipayo) e when Congress was not in session gorically rejected by the Commission on

tance of an ad interim appointment

ed by law, no judicial recourse can be 97. Whenever there available administrative remedy prov made until all such remedies have been availed of.

A. Doctrine of finality of administrative remedies - .0Doctrine of exhaustion of administrative remedies

ea Doctrine of hierarchy of courts D. Doctrine of primary administrative jurisdiction

98. it refers to the legislative act that inflicts punishment wig out trial, thus, strictly prohibited by the ConsNtution.

A. Statute of Fraud . Ex-Post Facto l<aw B. Transactional immunity Statute l D.Bill of A ainder (Art. III, Sec. 22)

99. It is an order issued by a court of competent jurisdiction to him to produce the body of the prisoner at designated time capture and detention.

A. Writ of Kalikasan CC . rit of B. Writ of Habeas Data a Writ of

100. Van Nguyen is a Burmese citizen who sailed through the political persecution in his country. When he reached Phu Yangoon. What international law was violatern,by Thailand?

A. Reconducdon C. fan - Refoule, B Deportation ea Political u r

a person detaining another, commanding and place and explain the cause of his

abeas Corpus mparo

ndaman Sea in order to escape from the et, Thailand he was deported back to

nt

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