UNIVERSITY OF THE CORDILLERAS BAR OPERATIONS 2011 Political Law Prepared by:
ATTY. LARRY D. GACAYAN
MULTIPLE CHOICE Instruction: Place the LETTER corresponding to the most correct answer on the blank before each number. 1. The implied power of the President which justifies his/her not releasing or “obligating” pork barrels of Senators and Congressmen is known as: a. Resi Residu dual al powe power; r; b. Power Power of of execu executive tive clemency clemency;; c. Power of executive impoundment; d. Power Power superv supervisi ision. on. 2. Section 7, Article II enumerates the paramount considerations which which the Phi Philip lippin pines es has to observe observe in deali dealing ng with with other other countr countries ies.. Which is not considered paramount? a. b. c. d.
National interest; The ri right tto o se self-determination; National economy; Territorial in integrity.
3. Which is is a valid ground ground or grounds grounds to declare declare martial martial law under the 1987 Philippine Constitution? a. In case of invasi invasion on or rebelli rebellion, on, or when when the public public safety safety requires it; b. In case of invasi invasion, on, rebelli rebellion on or insurrect insurrection; ion; c. in case of invasion invasion or or rebelli rebellion, on, when when the public public safety safety requires it; d. in case of war or rebel rebellion, lion, when when the public public safety requir requires es it. 4. Under Section 1, Art. XI, a government official shall serve with the highest degree of: a. b. c. d.
comp compet eten ence ce;; inte intell llig igen ence ce;; resp respon onsi sibi bili lity ty inde indepe pend nden ence ce
5. The doctrine of executive impoundment is based on the President’s: a. Powe Powerr of cont contro rol; l; b. Power Power as command commanderer-inin-chi chief; ef; c. Implied Implied power power given given to him by Congre Congress ss under the General General Appropriations Act;
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d. All All of of the the abov above. e. 6. In Ichong vs. vs. Hernandez, Hernandez, the the Supreme Supreme Court held held that the Retail Trade Nationalization Act prohibiting aliens from engaging in retail trade in the Philippines is constitutional. In Espina vs. Executive Secretary Zamora, the Supreme Court held that the Trade Liberalization Act of 2000 allowing foreigners to engage in retail trade is constitutional, under what qualifications: a. they they shall be allowed allowed only to retail retail groceri groceries es like coffee coffee and sugar; b. they they shall shall only only be allo allowe wed d to retail retail garmen garments ts made in the the Philippines only; c. they shall shall only be allowe allowed d to retail cars cars manufactur manufactured ed in their their country of origin; d. they shall shall be be allowed allowed a limit limited ed capital capital only only . 7. Which is not correct as a proposition insofar as the 250,000 250,000 population requirement is concerned: a. in the crea creatio tion n of a new provi province nce;; b. in the the crea creati tion on of a high highly ly urba urbani nize zed d city city enti entitl tled ed to one one member of the House of Representative; Representative; c. in the the creat creatio ion n of addi additi tion onal al legi legisl slat ativ ive e dist distri rict ct in a high highly ly urbanized city; d. in the the crea creati tion on of a new new legi legisl slat ativ ive e dist distri rict ct in an exis existi ting ng province. 8. There There is already already a violation violation of a conditional conditional pardon pardon which which would justify the immediate arrest of the convict as early as when: a. He was alread already y convicted convicted by the the MTC of a crime crime though though on appeal to the RTC; b. He was convicted convicted by the RTC RTC on Appeal Appeal from from the MTC MTC Decision; c. The Prosecuto Prosecutorr filed filed a Crimin Criminal al Informati Information on against against the convict before the MTC; d. The Decision Decisions s of the MTC and RTC were were affirmed affirmed by the Court Court of Appeals but accused filed a Petition for Review before the Supreme Court. 9. The President President could could not exercise the power power of executive clemency on his own alone in cases of: a. crimes crimes punishable punishable by reclu reclusion sion perpetua perpetua or higher; higher; b. election election offenses offenses without without the favorable favorable recomme recommendati ndation on of the COMELEC; c. crimes crimes against against the State; State; d. impeachabl impeachable e officer officers s who are convicted convicted by of of graft graft the Sandiganbayan. 10. A judge or justice may be investigated only only by the Office of the Ombudsman for possible criminal liability if:
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a. he is alre already ady foun found d admin adminis istr trat ativ ivel ely y liab liable le by the the Supr Suprem eme e Court for the same act; b. he is is a reci recidi divi vist st;; c. he was caught caught in the the act recei receiving ving a bribe bribe and the the evidence evidence of guilt is strong; d. he was alread already y found found liable liable admini administr strati ativel vely y by the Supreme Supreme Court before in a similar offense. 11. The power of the University of the Philippines to close close its High School in UP Baguio is based on: a. its academ academic ic freedo freedom; m; b. its being being independen independentt from the the Department Department of of Education Education under its Charter; c. the power power of the the Board Board of Regents Regents to to decide decide on the feasibi feasibility lity of operating its other branches and that its operation in UP High School Baguio results in deficit; d. its b being eing autonom autonomous ous as the premi premier er State Universi University ty in the country. 12. The most basic basic State Polici Policies es under the 1987 1987 Philippin Philippine e Constitution are the maintenance of peace and order, protection of life liberty, etc., but not: a. b. c. d.
of prop proper erty ty;; promot promotion ion of gener general al welfar welfare; e; protec protectio tion n of the envir environm onment ent;; mainte maintenanc nance e of monopo monopolie lies. s.
13. Which of the following following is not within within the powers of the COMELEC over Party-list Groups: a. order order the publicatio publication n of the list of nominees nominees for for the differen differentt party-list groups because the Party-List law provides that the same is confidential; b. refuse refuse the registrat registration ion of a party-list party-list group group because because the members thereof belong to religious groups; c. change the 1st nominee of a party-list group after election upon the Resolution of the majority of the board of said sa id partylist group after it was determined that such group is entitled to a seat in the House of Representatives; d. Register Register a party-li party-list st group whose whose members members are gays, gays, lesbians, lesbians, bisexual and transgender since they are not specifically mentioned as “marginalized” in Veterans Party vs. COMELEC. 14. Whic 14. Which h may may be allow allowed ed in the the impe impeac achm hmen entt of an impeachable officer: Trying an impeachable officer based on several impeachment comp compla lain ints ts file filed d on diff differ eren entt date dates s befo before re the the Hous House e of Representatives but referred to the Committee on Justice on the same day; b. Tryi Trying ng an impe impeac acha habl ble e offi office cerr on seve severa rall impe impeac achm hmen entt complaints filed on the same day but tried one after the other;
a.
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c. Tryi Trying ng an impe impeach achab able le offi office cerr on a seco second nd comp compla lain intt file filed d with within in thre three e (3) (3) mont months hs from from the the dism dismis issa sall of anot anothe herr complaint complaint by the Commit Committee tee on Justice Justice but did not reached reached the plenary; d. Trying an impeachable officer within a year from the dismissal of the 1st complaint but the new complaint is based on an act committed after the filing of the first complaint. 15. The aspect of the power power of judicial review review wherein the courts courts could decide even moot and academic cases is specifically called: a. b. c. d.
legiti legitimiz mizing ing functi function; on; educational educational or symbolic symbolic function; function; chec checki king ng func functi tion; on; judi judici cial al funct functio ion. n.
16. Which is not an underlying underlying principle behind behind the State immunity from suit: a. b. c. d.
by by by by
rea reaso son n reas reason on reas reason on reas reason on
of con conse sent nt;; of public public poli policy; cy; of of sover sovereig eignty nty;; of of exped expedien iency. cy.
17. Judicial power may be exercised even in moot and academic cases if it involves: a. culpable culpable violat violation ion of of the Constituti Constitution; on; b. susceptibl susceptible e of repetition, repetition, yet evading evading judicial judicial review; review; c. the need need to lay down down guiding guiding principl principles es for other other governm government ent officials to follow; d. All All of of the the abov above. e. 18. Even if one of the four (4) requisites of judicial judicial review is not present, the courts may decide cases involving it if: a. b. c. d.
it it it it
involve involves s a Senator or or Congressman Congressman as as petitioner petitioner;; involve involves s a Provincial Provincial Govern Governor or as petitio petitioner; ner; involve involves s a Member Member of the Cabinet Cabinet as as the petitio petitioner; ner; involv involves es paramoun paramountt public public intere interest. st.
19. The Supreme Supreme Court Court acting as the Preside Presidential ntial Elector Electoral al Tribunal (PET) may promulgate rules based on the Constitution giving themselves allowances, appoint personnel of the PET, create a separate seal different from that of the Supreme Court and others based on its: a. b. c. d.
residual power; doct doctrrine ine of nece necess ssar ary y impl implic icat atio ion; n; commander –in- chief; fiscal autonomy.
20. Which office or branch of the government does not have expressed fiscal autonomy under the Constitution? a.
Constitutional Com Commissions;
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b. Judicial Department; c. Loc Local Go Government units as to the their share in national taxes; d. Executive Department. 21. A declaration of national emergency by the President of the Philippines is valid, even without the approval of Congress if it is based on: a. Sect Sectio ion n 23 23, Ar Art. VI of of tthe he Cons Consti titu tuti tion on;; b. Firs Firstt S Sen ente tenc nce, e, of Sect Sectio ion n1 18, 8, Art. Art. VII VII of of the the Const Constit itut utio ion; n; c. Sect Sectio ion n 17 17, Ar Art. XII of tthe he Cons Consti titu tuti tion on;; d. Sect Sectio ion n1 17 7, Ar Art. VII of the the Cons Consti titu tuti tion on.. 22. 22. Appointments? a. b. c. d.
Who need need not not be confir confirme med d by the Commis Commissio sion n on Consul to Timbukto; Lt. Lt. Col. Col. Pedr Pedro o Pen Pendu duko ko on his his prom promot otio ion n as full full colo colone nel; l; Ambassador to the United Nati ations; New New justice of the Supreme Court.
23. Which position does not necessarily necessarily require require the aptitude of the appointee but more on his close intimacy with the appointing power: a. b. c. d.
Highly tte echnical; Policy determining; Primarily co confidential; Probationary employee.
24. Which is the most correct proposition: a. The COMEL COMELEC EC may may contin continue ue to decid decide e after after the the electi election on the earlie earlierr case case regard regarding ing the qualifi qualificat cation ion of a candid candidate ate for Sena Senato torr whic which h was was filed filed befo before re the the ele elect ctio ion n sinc since e once once jurisdiction is acquired, it will will remain with it; b. Once Once a candid candidate ate for Congre Congress ss is proclaim proclaimed ed and has taken his oath, oath, any questi question on relati relating ng to his election election,, return returns s and qualifications shall now be lodged at the appropriate Electoral Tribunal; c. The The COM COMELEC ELEC may sti still dete etermine mine the qual qualiifica ficati tion ons s of members of party-list groups even after elections since it is the one which registers such party-list group under the law and and the the Cons Consti titu tuti tion on as well well as proc procla laim ims s thei theirr winn winnin ing g candidates of said groups for the House of Representatives; d. The The COME COMELE LEC C may may disq disqual ualif ify y part partyy-li list st grou groups ps in the the next next electi elections ons if they failed failed to get at least least 2% of the votes votes cast cast and did not participate in the two (2) previous elections, or vice versa, versa, based on the party-list party-list law. 25. The executive privilege may be invoked by the President or any member of his Cabinet as well as the Generals of the Armed Forces of the Philippines if the information sought by legislators from them: Affects national security;
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a. Has Has the the effe effect ct of dama damagi ging ng our our dipl diplom omat atic ic rela relati tion ons s with with another country; b. Mili Milita tary ry secr secret ets; s; c. All All of of the the abov above. e.
26. The 40 years years of age as a qualification does not apply to: a. b. c. d.
The The Pres Presid iden ent; t; Justic Justices es of the the Suprem Supreme e Court; Court; Senators; Vice Vice Pre Presi side dent nt..
27. Which is not one of the “non-legislative powers” powers” of Congress: Congress: a. Canvass Canvass of the results results of the the Preside Presidential ntial and and Vice Vice Presidential Elections; b. Impeac Impeachin hing g the Presi Presiden dent; t; c. Conduct Conduct of inquiries inquiries in aid aid of legislati legislation; on; d. Creati Creating ng a new new prov provinc ince. e. 28. The “residual power” of the President emanates from his: a. powe powerr to to appo appoin int; t; b. “calling “calling out out power” power” as command commander-i er-in-chi n-chief; ef; c. powe powerr of of con contr trol ol;; d. pard pardon onin ing g powe power. r. 29. The refusal of the President to allow members of his Cabinet to appear in inquiries in aid of legislation in Congress violates not only Section 21 of Art. VI of the 1987 Philippine Constitution but also: a. b. c. d.
Sect Sectio ion n 28 28, Ar Art. II of the Cons Consti titu tuttion; on; Sect Sectio ion n 1, 1, Ar Art. XI of of the the Con Constit stitut utiion; on; Sect Sectio ion n 7, 7, Ar Art. III III of of the the Cons Consttitut itutiion; on; All of the above.
30. Which of the following act of the President does not need the concurrence or confirmation of Congress or any Committee thereof: a. b. c. d.
Treaty-making power; Granting Amnesty to rebel soldiers; Tax Amnesty; Appointment of Members of the Cabinet.
31. Which of the following ground for impeachment was not part of the 1935 and 1973 Philippine Constitution? a. b. c. d.
Treason; Bribery; Betrayal of Public Trust; Other high crimes.
32. Which appointment does not require “merit “merit and fitness to be determined by competitive examination?
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a. b. c. d.
Highly tte echnical; Primarily con confidential; Policy De Determining; All of the above.
33. What kind of laws laws must exclusively exclusively originate from the House of Representatives? a. b. c. d.
Revenue bills; Appropriation b biills; Bills of local application; All of the above.
34. Which of the following votes are needed to “impeach” any of the impeachable officers? a. 2/3 vote votes s of of all all the Membe mbers of of the the Sena Senate te;; b. 1/3 1/3 vote votes s or sign signat atur ures es of all all the the Membe embers rs of the the House of Representatives? c. 2/3 2/3 vot vote e of of bot both h Hou House ses s of of Con Congr gres ess s vot votin ing g sep separ arat atel ely; y; d. ¾ vot votes es of all all the the Mem Members bers of the the Se Senat nate. 35. Which of the following instances where the House of Repr Repres esen enta tati tive ves s and the the Sena Senate te are are not not expr expres essl sly y mand mandat ated ed by the the Constitution to vote separately and therefore may vote jointly: a. Dec Declar lare the the exist xisten ence ce of a stat state e of war; ar; b. Conf Confir irma mati tion on of of a New New Vice Vice Pres Presid iden entt nom nomin inat ated ed by the the President; c. Conc Concur urre renc nce e to a decl declar arat atio ion n of amne amnest sty y by the the President; d. In case case ther there e is is con confl flic ictt b bet etwe ween en majo majori rity ty of the the Members of the Cabinet and the President on whether the latter is incapacitated to perform his duties. 36. Which appointment needs confirmation by the Commission on Appointments? a. b. c. d.
Consul to Timbukto; Taga agapang angasi asiwa ng Bangko Sentral; Commissio sioner of of In Internal Re Revenue; Justice of of th the Supreme Co Court.
37. Which of the following instances results in a valid approval into law by the President within 30 days from receipt of a bill enacted by Congress:: a. Signing Signing the approved approved bills bills at the the Philippin Philippine e Embassy Embassy in New York, USA; b. Signing Signing the approved approved bills bills inside inside the US Congress; Congress; c. Signing Signing the approved approved bills bills over over the Pacifi Pacific c Ocean on Board Board Singapore Airlines; d. All All of of the the abov above. e.
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38. Aside from from “utmost responsibi responsibility, lity, integrit integrity y and loyalty”. loyalty”. What other quality must a public servant possess? a. b. c. d.
industry; probity; efficiency; leniency.
39. The Ombudsman has no power to investigate and file a criminal or administrative case against a City Mayor charged of: a. Rapi Raping ng his his exe execut cutive ive sec secretar etary y insi inside de his his off offiice at Ci City Hall during office hours; b. Bribery; c. Refu Refusa sall to imp impllement ment an an Ordi Ordina nanc nce e pass passed ed by by the the Cit City Council which he vetoed but was was overridden by said said body; d. Padl adlocki ocking ng the the Off Offiice of of Jade Jadew well ell at Bur Burnh nham am Par Park k at 9 p.m. on his first day in office because he believes the latter’s contract with the City is not valid. 40.. 40
Which Which is not within within the power power of the Commiss Commission ion on
Elections: a. enforce enforce laws and regulati regulations ons relative relative to conduct conduct of electi elections; ons; b. dec decidi iding appe appeal als s inv involv olving ing elect lectio ions ns of Sang Sanggu guni nian ang g Kabataan members; c. enforce enforce laws relati relating ng to referen referendum dum and plebisc plebiscites; ites; d. enfo enforc rce e laws laws rega regard rdin ing g Peop People le’s ’s Init Initia iati tive ve to amen amend d the the Constitution. 41. Which court is not mandated by the Constitution to decide cases before it within three (3) months from the time said cases are deemed submitted for decision? a. b. c. d.
Regional Tr Trial Co Courts; Sandiganbayan; Court of Tax Appeals; Municipal Trial Courts.
42. A member of the Judiciary must be a person who possesses the four qualifications summarized by the word CIPI. What does the letter “P” stands for as a person with “proven”? a. b. c. d.
Patriotism; Probity; Professionalism; Philosophy.
43. In a House of Representatives Representatives with a total of 240 members, members, what what is the the mini minimu mum m numb number er of Memb Member ers s must must a part party y have have to be entitled to 1 seat at the Commission of Appointments? a. b. c.
40; 30; 20;
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d.
10.
44. Which is not considered a “priority” for the government under our declaration of principles and state policies? a. b. c. d.
sports; arts; culture; tour touriism. sm.
45. Under the deliberative process privilege granted to the President of the Philippines as well as members of his Cabinet, it does not include: a. adv advisory op opinions tto o th the Pr Presid sident; b. lega legall opin opinio ions ns of the the DOJ DOJ Secr Secret etar ary y to to the the Pres Presid iden ent; t; c. discussions by Members of the Cabinet with the President during Cabinet Meetings; d. confidential instructions by the Secretary of the Depa Depart rtme ment nt of Inte Interi rior or and and Loca Locall Gove Govern rnme ment nt to the the Provincial Governor Governor of Maguindanao Maguindanao to deliver deliver a 12-0 results results in favo favorr of the the cand candid idat ates es for for Sena Senato torr of the the incu incumb mben entt President. 46. Which power of executive clemency may not be exercised alone by the President, as a general rule: a. b. c. d.
pard ardon; amne amnest sty y; comm commut utat atio ions ns;; remit remit fi fines nes and and forfei forfeitur tures. es.
47. The vote needed to to suspend or expel a Senator or Congressman for disorderly disorderly behavior is: a. b. c. d.
2/3 of of the membe members rs of the the House House where where he belong belongs; s; 2/3 of both both Houses Houses voting voting separatel separately; y; Majority Majority of the the Members Members of the the House where where he belongs; belongs; Majority Majority of the member members s of both Houses Houses voting separat separately. ely.
48. The voting in each House of Congress on matters affecting national security may be entered in the journal upon the request of: a. 2/3 2/3 of the the Memb Members ers presen present; t; b. ¾ of the Membe Members rs pres present ent;; c. 1/5 of the total members members of the the House House holding holding such such session; d. 1/5 of the the Members Members of the the specific specific House House who are present. present. 49. The prohibition on the President President to make make appointments two months before the next Presidential Election and up to the end of his term, according to the Supreme Court in the case of ARTURO DE CASTRO VS. JUDICIAL AND BAR COUNCIL, applies only to the:
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a. b. c. d.
judi judici ciar ary; y; consti constitut tution ional al commi commissi ssions ons;; execut executive ive depart departme ment; nt; Ombu Ombuds dsma man. n.
50. Which need not exclusively exclusively originate originate from the House House of Representatives? a. Bill amending amending the the Senior Senior Citiz Citizens ens Act; Act; b. Bill creat creating ing the City of of La Trinidad, Trinidad, Bengue Benguet; t; c. Bill adding adding the the position position of Municipal Municipal/Cit /City y Arbitrator Arbitrator for for all cities and towns in the country aside from the officials indicated in the Local Government Code.; d. Bill appropr appropriatin iating g supplemental supplemental budget budget for victim victims s of Typhoon Pedring. 51. “Content-neutral” as a restriction to freedom of expression deals with the: a. b. c. d.
Time and place place where where the speech speech is made; made; Content Content or substance substance of the the speech; speech; Associatio Association n or group where where the speaker speaker belongs; belongs; Relig Religiou ious s group group of the speak speaker er..
52. As a rule, “tips” are not sufficient to vest probable cause on the part of the police officers to conduct warrantless searches and seizures, except: a. In moving moving vehicles vehicles when when no time time left to to secure secure a search search warrant from the court; b. Chec Checkp kpoi oint nts; s; c. Search Search involv involving ing hot logs; logs; d. all all of of the the abo above ve.. 53. The gener 53. general al test of the the validit validity y of an ordina ordinance nce on substantive due process grounds is best tested when assessed with the evolved footnote 4 test laid down by the U.S. Supreme Court in U.S. v. Carolene Products, as cited in White Light Corporation vs. City Mayor of Manila, one of which is the: a. b. c. d.
clear clear and and presen presentt danger danger test; test; danger dangerous ous tend tendenc ency y test; test; heightened heightened or immed immediate iate scrutiny scrutiny test; test; prior prior rest restrai raint nt test. test.
54. In order that an Ordinance is considered a valid police power measure, it: a. must not not prohibit prohibit but but merely merely regul regulate ate trade; trade; b. must allow allow the policem policemen en to use their their discretio discretion n on whether whether a particular act violates public morals or not; c. authorizes authorizes the the City City or Munici Municipal pal Mayor Mayor to close close down down establishments which he deems deems as promoting promoting immoral acts; d. authorizin authorizing g the law enforcemen enforcementt authorities authorities to confiscate confiscate magazines which are obscene.
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55. Res judicata in prison gray is known as the right against: a. b. c. d.
unreasonabl unreasonable e searc searches hes and seizures; seizures; cruel cruel and unus unusual ual punis punishme hment; nt; doub double le jeop jeopar ardy dy;; non-im non-impri prison sonmen mentt for debt. debt.
56. Which of the following acts violates the right against selfincrimination of a person? a. Requiring Requiring a man man to give a sample sample of his semen semen for DNA Examination to determine the paternity of a child; b. Requiring Requiring a suspect suspect to try a pair of pants; pants; c. Requiring Requiring a person person to give give a sample sample of her urine urine to determin determine e if she is pregnant while her husband is in another country for the last five (5) years and the result will be used in her prosecution for adultery. d. None None of the the abo above ve.. 57. Bail is a matter of discretion discretion in cases where: a. the accused accused is charged charged of a capital capital offense offense but the eviden evidence ce of guilt is strong; b. the accused accused was was convicted convicted by the the RTC of Homic Homicide ide and was was sentenced to 14 years and 1 day to 20 years imprisonment; c. the accused accused was was convicted convicted by the RTC RTC of robber robbery y and sentenced to 6 years and 1 day up to 12 years imprisonment but jumped bail several times during the trial of his case; d. all all of of the the abo above ve.. 58. Who among the following officials may not validly conduct custodial investigation? a. b. c. d.
Bara Barang ngay ay Cap Captai tain; n; Baranga Barangay y Bant Bantay ay Baya Bayan; n; Invest Investiga igator tor of the the CIDG; CIDG; Invest Investiga igator tor of the the NBI. NBI.
59. In an application for a rally rally permit, the City Mayor: a. may validly validly deny deny said applicat application ion if he finds finds evidence evidence of clear clear and present danger during the rally; b. may allow allow the the rally rally but at a differ different ent place place as a result result of the evidence of clear and present danger;; c. may allow allow the the rally rally in the same place place but but at a differ different ent time; time; as a result of the evidence of clear and present danger; d. may deny deny the applicati application on for a rally rally permit permit based on clear clear and present danger after giving the applicant the chance to rebut the evidence in his possession. 60. In an expropriation case for the construction of a school buil buildi ding ng to be owne owned d by the City City of San San Fer Fernand nando, o, La Unio Union, n, the the gove govern rnme ment nt must must depo deposi sitt an amou amount nt in orde orderr to be issue issued d a writ writ of possession equal to:
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a. 100% 100% of the fair market market/zona /zonall value of the the property property sought sought to be expropriated based on the latest tax declaration; b. 10 100% 0% of the assessed assessed value value of the propert property y sought to be expropriated based on the latest tax ta x declaration; c. 15 15% % of the market market or zonal zonal value value based based on the latest latest tax tax declaration; d. None None of of the the abo above ve.. 61. Which is not a valid exercise exercise of police power: power: a. b. c. d.
To To To To
prom promote ote promote promote promo promote te promo promote te
publ public ic mora morals; ls; econom economic ic stabilit stability y of the people; people; free free ente enterpr rprise ise;; publi public c healt health; h;
62. There is no violation of the right to due process if: a. When “A” “A” was ordered ordered dismiss dismissed ed from his his job immedi immediately ately after his employer saw the CCTV showing him stealing a company property; b. “X” was not not given given the opportuni opportunity ty to be heard heard before before declaring his classmate “Y” as the class valedictorian despite the fact that he was always first in class from Grades 1 to 5; c. When the the RTC decided decided the case after after the the submissio submission n of the answer ; d. When “Z” “Z” was immediate immediately ly cited cited for contempt contempt of court court for being late in his court appearance. 63. Which of the following following is not one of the rights of an accused during criminal proceedings: a. Right Right to be presu presume med d innocen innocent; t; b. Right to to independen independentt and competen competentt counsel counsel of his own choice; c. Righ Rightt to spee speedy dy tri trial al;; d. Right to confro confront nt witnesse witnesses s face to face. face. e. All of the the above are are the rights rights of an accused accused during during crimi criminal nal proceedings. 64. The presence of a lawyer for the accused is not needed during: a. Police lineup;
b. Arra Arraig ignm nmen ent; t; c. Custodial Custodial investigat investigation ion for for a minor offense; offense; d. Promu Promulga lgatio tion n of his sente sentence nce.. 65. In order that consent to a Warrantless searches and seizure is valid; which is the most correct proposition: a. the owner owner of the house to be be searched searched must give give his his consent; consent; b. the owner owner of the place place to be searched searched must must give his his consent consent to the search of specific items sought by the searching party;
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c. the wife wife will will give her conse consent nt to the search search as a co-owner co-owner of the house to be searched; d. the the husb husban and d and and wife wife who own own the the hous house e to be searc searche hed d must give their consent. 66. Which of the following acts violates the right against selfincrimination of a person? a. Requiring Requiring a man man to give a sample sample of his semen semen for DNA Examination to determine the paternity of a child; b. Requiring Requiring a suspect suspect to try a pair of pants; pants; c. requiring requiring a person person to give give a sample sample of his urine urine for testin testing g on whether she is pregnant or not to be used in her prosecution for adultery; d. None None of the the abo above ve.. 67. Which right of the citizen will be violated if the PCGG Commissioners refuse to attend a Senate Inquiry in aid of legislation as a result missing funds of PHILCOMSAT, a sequestered company: a. b. c. d.
Righ Rightt to priv privac acy; y; Right Right to inform informati ation; on; Freedo Freedom m of expre expressi ssion; on; Freedo Freedom m of Religi Religion on
68. Which of the following is not one of the rights of an accused accused during criminal proceedings: a. Right Right to be presu presume med d innocen innocent; t; b. Right to to be informed informed that that all the the things things he will will state can can and will be used against him in a court of law. c. Righ Rightt to spee speedy dy tri trial al;; d. Right to confro confront nt witnesse witnesses s face to face. face. e. All All of of the the abov above. e. 69. The extrajud extrajudicial icial confessi confession on of “A” is not admissible admissible in evidence in which of the following: a. He went to the police station and surrendered telling the 1 st
policeman he met at the police station “I killed my brother because I caught him in the act of sexual intercourse with my wife” wife” withou withoutt being being infor informed med of his right rights s during during custod custodial ial investigation; b. He told told the the jail jail guard guards s resp respon ondi ding ng to shout shouts s for for help help of an inmate stabbed by him inside the comfort room of New Bilibid Prisons without being informed of his rights during custodial investigation;; c. He told told the the Mayo Mayorr that that he kill killed ed and raped raped his his cous cousin in after after being threatened by said official without informing him of his rights during custodial investigation; d. He answered answered the questions questions of the policeme policemen n who who invited invited him to shed shed light light on the the deat death h of his neighb neighbor or whil while e walki walking ng along the road road towards towards the the police police station station without without inform informing ing him of his rights during custodial investigation.
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GREEN NOTES IN POLITICAL LAW Prepared by: ATTY. LARRY D. GACAYAN
70. There is no double jeopardy in which of the following: a. A criminal criminal case case for estafa estafa was reinstat reinstated ed after after six (6) (6) months months from from the the time time it was was prov provis isio ional nally ly dism dismis isse sed d desp despit ite e the the vigo vigoro rous us obje object ctio ions ns of the the accus accused ed invoki invoking ng his his tigh tightt to speedy speedy trial, trial, because because the prosec prosecuti ution on could could not locate locate its documentary exhibits after arraignment; b. A crimin criminal al case case was was reinst reinstated ated by the the RTC RTC after the Court of Appeals reversed and set aside its earlier order declaring that there is no probable cause in the filing of the case; c. A crim crimin inal al case case for for grav grave e for for grav grave e coer coerci cion on was was earl earlie ierr dismissed by the MTC on on its own for lack of jurisdiction after arraignment but admitted a second information for the same crime upon being shown of the latest Supreme Court decision statin stating g that that the MTC has exclus exclusive ive origin original al jurisdi jurisdicti ction on in cases of said nature. d. A crim crimin inal al case case was was rein reinst stat ated ed afte afterr dism dismis issa sall base based d on demurr demurrer er to eviden evidence ce based based on insuff insuffici icienc ency y of eviden evidence ce sinc since e an eyewi yewitn tne ess su surrface faced d with ith a vide video otap tape of the the commission of the crime. 71. In extradition cases, which statement s tatement is correct: a. Bail ail is allo allowe wed d if the the cri crime the the extrad tradiitee tee is charge arged d in another country is bailable; b. Bail Bail is allowe allowed d if the crime crime committe committed d in another another countr country y is also a crime punishable in the Philippines and it is bailable here; c. Bail may may be allowed allowed if the the extradite extraditee e could prove prove by clear clear and convincing evidence that he is not a flight risk and that he will assure the court that he will follow the conditions imposed by the court; d. Bail Bail may be allow allowed ed if he is a memb member er of Congre Congress ss and the crime he committed in another country is not punishable by more than 6 years imprisonment. 72. Based on the accused’s right to be presumed innocent, he is entitled to acquittal in case of: a. Inco Inconsi nsist sten entt testi testimo moni nies es of the the pros prosec ecut utio ion n witn witnes esse ses s on material matters; b. Non-compliance by the arresting authorities of the requirements of Section 21 of the Comprehensive Dangerous Drugs Act, RA No. 9165; c. The testimo testimony ny of the privat private e complainant complainant is is unbelievab unbelievable le and contrary to common human experience; d. All All of of the the abov above. e. 73. There is is no double jeopardy if if after an accused was was convicted of the crime of homicide before the RTC of Baguio City after he was tried for Murder:
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GREEN NOTES IN POLITICAL LAW Prepared by: ATTY. LARRY D. GACAYAN
a. The The Cour Courtt of Ap Appe peal als s incr increa ease sed d the the pena penalt lty y to recl reclus usio ion n perp perpet etua ua on appea appeall by the the accu accuse sed d beca becaus use e it foun found d the the evidence sufficient to convict the accused for Murder; b. The The Cour Courtt of Ap Appe peal als s incr increa ease sed d the the pena penalt lty y to recl reclus usio ion n per perpetu petua a on appe appeal al by the the Stat State e beca becaus use e it foun found d the evidence sufficient to convict the accused for Murder; c. The The Pros Prosec ecut utio ion n file filed d a Moti Motion on for for Reco Recons nsid ider erat atio ion n of the the decision of the RTC because the accused was convicted of Homicide instead of Murder as charged in the information; d. The Solicitor Solicitor General General filed filed a petition petition for certior certiorari ari as a result of the erroneous acquittal of the accused by the RTC when no less less than than the the Supr Suprem eme e Cour Courtt beli believ eves es that that ther there e is proo proof f beyo beyond nd reas reason onab able le doub doubtt to find find the the accu accuse sed d guil guilty ty as charged. 74. Bail is a matter of right if — a. The accused accused in in a Murder Murder case case is 16 years old; b. The accused accused is charged charged of 100 counts counts of falsific falsification ation of public public documents; c. The accused accused is charged charged of multipl multiple e homicid homicide; e; d. The accu accused sed is charg charged ed of 100 100 coun counts ts of BP BP Bilan Bilang g 22 with with aggregate amount of P100M e. All All of of the the abov above. e. 75. The immunity from prosecution whereby the accused could not be charged of of any crime whatsoever in addition addition to the crime crime where he is testifying in court is: a. b. c. d.
Parli Parliame amenta ntary ry immun immunity ity;; Transac Transactio tional nal imm immuni unity; ty; Presi Presiden dentia tiall immun immunity ity;; Use Use immu immuni nity ty..
76. The right of a housemaid violated by the act of her employer not to allow her to transfer to another employment since she has already received all her salaries up to December 31, 2011. a. b. c. d.
Righ Rightt tto o tra trave vel; l; Right against against involu involuntary ntary servitude; servitude; Righ Rightt to loc locom omot otio ion; n; All All of of the the abov above. e.
77. The freedom of expression is not absolute. It may not be validly invoked in the case of: a. movies movies with explic explicit it sex scenes scenes and violence violence like like the Vizcond Vizconde e Story showing the gruesome murders of three (3) women; b. the life life of of a woman woman whose whose work work is havin having g sex with with a part partner ner insi inside de a lock locked ed room room with with 20 200 0 payi paying ng male ale cust custom omer ers s watching; c. a lady actress actress comple completely tely in in the nude being the the model model of 200 200 UP fine arts students for their final assignment in “painting”;
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GREEN NOTES IN POLITICAL LAW Prepared by: ATTY. LARRY D. GACAYAN
d. a lady Guest Guest Relations Relations Officer Officer dancing dancing totally totally in the the nude in a nightclub patronized by high ranking government official who requested her to dance that way. 78. Which of the following may be validly considered valid search and seizure under the “plain view doctrine? doctrine ? While a. Whi
ser serving ving a vali alidly dly issue ssued d sear searc ch warr arrant ant for for an unli unlice cens nsed ed fire firear arm m insi inside de the the hous house e of an accu accuse sed, d, the the policemen found a sachet of methamphetamine hydrochloride in one of the cabinets of the accused a ccused which they seized; b. Whil While e vali validat datin ing g a tip tip that that the house house of Mr. Mr. X in a farfar-fl flun ung g barang barangay ay in Bangued, Bangued, Abra, Abra, is surroun surrounded ded by fully fully grown grown marijuana plants, the policemen indeed found 100 fully grown marijuana which which they uprooted and seized seized then arrested Mr. X; c. After the owner owner of an an apartment apartment leased leased to to Mr. Damaso Damaso was was opened by the owner thereof, Madam X, the police saw an unlicensed M14 Armalite Rifle on top of a table therein which they seized; d. While While boarding boarding the car of of the man arrest arrested ed in a nightclu nightclub b for illegal possession of firearm, the policeman accompanying the suspect to the police station saw three (3) sachets of shabu at the front seat of the car which he seized.
79. Due process may not be invoked in: a. the expul expulsio sion n of the member members s of some dislo disloyal yal membe members rs of the Liberal party without notice and hearing; b. outri outright ght dismiss dismissal al of an employe employee e who uttered uttered threate threatenin ning g remark arks to his employers in the presence of 20 coemployees; c. expuls expulsion ion of a UC Law Stude Student nt who alleg allegedl edly y wrote wrote libelou libelous s and disparaging remarks against the Dean in her Facebook Account; d. a court court orde orderr requir requiring ing a lawy lawyer er to to pay a fine fine of P1,0 P1,000 00.00 .00 when, despite the lapse lapse of 1 hr. from the scheduled scheduled hearing, he is still not in court without any motion for postponement or just text or telephone call to the court thereby delaying the administration of justice. 80. There is violation of the equal protection clause if: a. the governme government nt gives some some tax exemption exemptions s to establishment establishments s inside the export processing zones but not outside it; b. non-Igorots non-Igorots (Ibaloi (Ibaloi and KankanaKankana-ey) ey) speaking speaking individ individuals uals are not allowed to work in establishments within the Cordillera Administrative Region; c. The soldier soldiers s and policem policemen en are given allowa allowance nces s in addition addition to their salaries while other government employees are not entitled thereto; d. When the registered voters of one component city are not allowe allowed d to vote vote for provi provinci ncial al offici officials als while while the regist registere ered d
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GREEN NOTES IN POLITICAL LAW Prepared by: ATTY. LARRY D. GACAYAN
voters of the other 99 component cities in the Philippines are allowed to do so. 81. Which Which of the following following violate violates s the “religiou “religious s rights” provisions of the Constitution: a. Musl Muslim ims s sh shou ould ld work work even even on Frid Friday ays s duri during ng the the Rama Ramadan dan season because the same is a regular working day under the Labor Code of the Philippines and all employees regardless of their religious inclinations are also working---even if the same is against their religious beliefs; b. “Membe “Members rs of Igles Iglesia ia ni Tukak Tukak” ” are requ requir ired ed to pay pay the same same taxes as all others though they believed that their tax should not be more than 10% of their income in order not to affect their right to survive; c. Prohi Prohibit biting ing churchgo churchgoers ers from shouting shouting some slogans slogans agains againstt all allege eged cor corrupt upt whil hile goi going to chur hurch which hich is besi beside de Malacanang; d. Requiring Requiring them them to train train and join the the armed armed forces forces even if their their religion prohibits them from doing so since they believe that they should not kill or be killed. 82. There is no violation of the right to information on matters of public concern in the following situation: a. Presi Presiden dentt Gloria Gloria Macap Macapagal agal Arr Arroyo oyo failed failed to provid provide e a copy, copy, even even thoug though h she earlie earlierr promi promised sed to do do so, of the the Japan Japan Phil Ph ilip ippi pine nes s Econ Econom omic ic Part Partne ners rshi hip p Ag Agre reem emen entt (JPE (JPEPA PA), ), to different businessmen who requested for a copy of the same so that they could give their comments since it is a matter of importance to them, before signing the same as a treaty with Japan; b. PCGG PCGG ente enteri ring ng into into a comp compro romi mise se agre agreem emen entt with with the the Marc Marcos oses es allo allowi wing ng the the latt latter er from from reta retain inin ing g 65 65% % of the the amounts allegedly stolen by them without first informing the public about it (Chavez vs. PCGG); c. The Government Negotiating Panel entering in to an agreement with the MILF giving the latter sovereignty over the lands and waters within the Bangsamoro Juridical Entity; ente enterr into into dipl diplom omat atic ic rela relati tion ons s with with othe otherr coun countr trie ies s and and per perfor form othe otherr sov sovereign eign acts cts out outside side the the Phil hilippi ippine ne government; d. When a government office refuses to give copies of documents like how millions from the national budget are to be spent for dole-outs to the poor segments of the society. s ociety. 83. The right right to counsel during during custodial custodial investig investigation ation was violated if: a. The The lawy awyer give given n by the the inve nvestig stigat ator or of the the NB NBII to the the accused is one who is applying for a job at the NBI and was accepted as an investigator 2 days later; b. The The lawy lawyer er given given by the the Inve Investi stiga gato torr of the the West Wester ern n Poli Police ce District is Atty. De Los Reyes, the Chief of the said office;
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GREEN NOTES IN POLITICAL LAW Prepared by: ATTY. LARRY D. GACAYAN
c. The lawy awyer represen senting the accused was inside the investigation room of the Cebu PNP assisting another client when when the invest investiga igator tor start started ed asking asking questi questions ons and joined joined said suspect only on the sixth question; d. All All of of the the abov above. e. *******************************************************************
THE BARRISTERS’ CLUB OFFICERS: Virgel Amor Vallejos (Chancellor)
Seychelles June M. Doringo (Secretary)
Janilet Mishelle Mishelle R. Carillo (Treasurer)
Art Miguel B. Sanlao and Angelito Velasquez Jr. (Business Managers)
Rachelle May Gallego (PRO)
Paul Dean Mark Pila (SSG Representative)
Brenda Filipinas Danganan (Ex-officio)
Atty. Isagani Calderon (Adviser)
Atty. Reynaldo U. Agranzamendez (Dean,College of Law)
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