Prelim Questions1

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M i dter m exam | Law, Pol i ti cs, and Phi l osophy

Law, Politics, and Philosophy Tuguegarao City, Cagayan. Atty. MICHAEL JHON M. TAMAYAO manages this blog. Contact: [email protected].

Midterm exam 1. It is that written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people. a. Constitution b. Statute of the Philippines d. Constitution of the Philippines

c. Ordinance of the Philippines

2. It is a form of constitution that is regarded as a document of special sanctity which cannot be amended or altered except by some special machinery more cumbersome than the ordinary legislative process. a. Enacted

b. Unwritten

c. Inelastic

d. Cumulative

3. What is that group of provisions that deal with the framework of the government and its powers, and defining the electorate? a. Constitution of government All of the above

b. Constitution of liberty

c. Constitution of sovereignty

d.

4. It is the Constitution drafted by a Constitutional Commission created under the Article V of Proclamation No. 3 issued on March 25, 1986 which promulgated the Freedom Constitution following the installation of a revolutionary government through a direct exercise of the power of the Filipino people. a. 1986 Provisional Constitution b. 1987 Constitution Constitution https://tamayaosbc.wor dpr ess.com /2012/02/20/m idter m - exam/

c. 1973 Constitution

d. 1935

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Midterm exam | Law, Politics, and Philosophy

5. Under what provision in the Constitution can you find the Doctrine of Incorporation? a. Art. II, Sec. 1

b. Art. II, Sec. 2

c. Art. II, Sec. 3

d. Art. II, Sec. 4

6. Which of the following rules is adopted by the Philippines in determining the limits of its territory? a. 3‑mile limit rule Archipelago Doctrine

b. 12‑mile limit rule

c. Archipelagic Doctrine

d.

7. What is the significance of the Archipelagic principle of territoriality? a. It prevents the danger of having open seas right at the center or our territory. b. It welcomes other nations to enter into our territory without much requirements. c. It opens our doors to enemy warships or other foreign vessels and have friendly ties with them. d. All of the above

8. If the State inflicted damages to the property of a citizen, can the citizen just sue the State? a. Yes, because he has the right to demand from the State the indemnification of his property. b. No, because of the principle of the non‑suability of the State. c. No, because the citizen has no right to demand for indemnifications. d. None of the above.

9. Is it unconstitutional to declare war against the NPA’s? a. Yes, because Art. II, Sec. 2 states that the Philippines renounces war as an instrument of national policy. b. No, because this is in order to preserve peace and integrity of the State. c. Yes, because war in here is aggressive. d. No, because rebels need to die. https://tamayaosbc.wordpress.com/2012/02/20/midterm-exam/

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10. What are some of the measures employed by the Government to safeguard the State against military dictatorship? a. By vesting upon a civilian the highest authority in the land, the Presidency. b. By making the President the Commander‑in‑Chief of the AFP. c. By giving the President and the Congress the power to determine the military budget and define the national policy on defense and security. d. All of the above

11. Which of the following explains the principle of the separation of the Church and State? a. No law shall be made respecting an establishment of religion. b. No public money or property shall ever be used for any religious denomination. c. The Church must not interfere with the affairs exclusively for the State. d. All of the above

12. Which of the following is NOT prohibited by the State? a. Nuclear power

b. Abortion

c. Divorce

d. None of the above

13. What is social justice? a. Giving equal opportunity to all, rich and poor alike. b. Giving preferential attention to the less fortunate. c. Eradicating poverty through the abolition of private property d. Getting some from the rich and giving the same to the poor.

14. It is the method by which a public officer may be removed from office during his tenure or before the expiration of his term by a vote of the people after registration of the petition signed by the required percentage of the qualified voters. https://tamayaosbc.wordpress.com/2012/02/20/midterm-exam/

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a. Plebiscite


b. Referendum

c. Recall

d. Impeachment

15. What is the difference between a citizen and an alien? 1. A citizen is a member of a democratic community, while an alien is only someone passing through another country. 2. A citizen is a member of a democratic country who is accorded protection inside and outside the territory of the State, while an alien is a citizen of another country who may only be protected inside the territory where he is passing through. 3. A citizen is a member of a democratic country who enjoys full civil and political rights while an alien is someone who does not enjoy the same. 4. All of the above

16. A Bill of Local Application was submitted by Senator Wade to the Senate Secretary. It has passed three readings in the Senate and then in the Congress. Thereafter, it was presented to the President for approval, but the same was disapproved. The President vehemently objected to the validity of the entire process. Is the President correct? a. Yes, the Bill must first be submitted to a proper committee. b. No, it must be approved because there has been no constitutional breach. c. Yes, because the said Bill must only emanate from the House of Representatives. d. No, it may be initiated by the Senate because either House of the Congress may do so. e. Yes, because the President possesses an absolute veto power. f. No, the veto power is not absolute. g. Yes, the law allows the president to disapprove any bill submitted to him by the Congress. h. No, the president acted in grave abuse of his discretion amounting to lack or excess of urisdiction.

17. President Juan Masipag filed an application for appropriation, and in pursuance thereof money was paid out of the National Treasury. It must be noted that the appropriation is for a public purpose, and it is not for any specific sect, church, denomination. Is there something wrong with the presidential appropriation? https://tamayaosbc.wordpress.com/2012/02/20/midterm-exam/

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a. None; it is perfectly valid. b. The appropriation is unlawful because it is paid out of the National Treasury. c. It is invalid because the Senate President, not the President, is empowered to apply for appropriation. d. It is wrong because before public funds may be used, an appropriations law must first be passed. e. It is lawful; the President can by law file an application for appropriation. f. It is illegal because it should have been the Congress that applied for the appropriations.

18. When the president dies, is permanently disabled, is impeached, or resigns, the Vice‑President becomes President for the unexpired term. However, if both the President and Vice‑President die, become permanently disabled, are impeached, or resigned, the Senate President shall act as President until the President or VP shall have been elected and qualified. If the Senate President becomes disabled, who will succeed? a. The Speaker of the House shall become the President. b. There will be a special election specifically conducted for the filling up of the vacant offices. c. The Senate President shall submit to the Congress a declaration of his disability, then a Senior Senator will be the acting President. d. The Speaker of the House shall act as President until the President or VP shall have been elected and qualified.

19. Noel Uban was nominated by President John Mar Siuagan to the rank of naval captain in the Armed Forces of the Philippines. His nomination has been confirmed by the Commission on Appointments, and his appointment (by President Siuagan) followed thereafter. Noel Uban have accepted the nomination with great pride and honor. The President reconsidered his appointment after discovering that Mr. Uban has a criminal record. The President withdrew his appointment. Is this allowed? a. Yes. This is a matter of presidential discretion, arising from the power of appointment. b. No. The President can no longer withdraw the appointment because all the steps have already been complied with. c. Yes. The power to withdraw appointments is one of the residual powers of the President. https://tamayaosbc.wordpress.com/2012/02/20/midterm-exam/

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d. No. once the appointee accepts, President can no longer withdraw the appointment. e. A & C f. B & D g. None of the above

20. Vincent is an alien visiting the Philippines. During his visit, he was accused of killing a Filipino. Which of the following actions are permitted by the Constitution? a. Imprison Vincent right away b. Give him the chance to defend himself c. Deport him back to his country d. The government cannot do anything because he is an alien.

21. Is a citizen also a national? a. Yes, inasmuch as he also owes allegiance to a State. b. No, the two are not the same. c. Yes, because like a nation a citizen exercises political and civil rights. d. No, not all citizens are nationals.

22. This Constitutional principle signifies that all persons subject to legislation should be treated alike, under like circumstances and conditions both in the privileges conferred and liabilities imposed. a. Due process of law b. Equal protection of laws c. Security in one’s person, house, papers, and effects d. National integrity

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23. Pedro was born January 17, 1973, of Filipino mother but a Swedish father. Is he still required to elect his Philippine citizenship? a. Yes. Since he was born on January 17, 1973, the governing provision during that time requires that his parents must both be Filipinos. Thus to effect his Philippine citizenship, he must elect for it upon reaching 18 years old. b. No. The governing provision at the time of his birth requires only that either his father or mother is a Filipino. Thus, he is already a Filipino and electing his Philippine citizenship is no longer necessary. c. Yes because Art. 4, Sec. 1 (3) states that “those born on January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority” are citizens of the Philippines. So if Pedro wants to be a Filipino citizen he must elect for it. d. No because he is already 38 years old.

24. It is a form of government in which the control of national and local affairs is exercised by the central or national government. a. Republic

b. Unitary

c. Federal

d. Parliamentary

25. This government was established during the American regime pursuant to an act of the United States Congress on March 24, 1934, commonly known as the Tydings‑McDuffie Law. a. Commonwealth Gov’t b. Military Gov’t

c. Civil Gov’t

d. Republic

26. It refers to that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised. a. Statute

b. Civil Code

c. Preamble

d. Constitution

27. Which among the following is not descriptive of the Philippine Constitution? a. Cumulative

b. Rigid

c. Conventional

d. Written

28. What’s the difference between a Constitution and a statute?


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a. A Constitution is a legislation direct from the people, while a state is a legislation from the people’s representatives. b. A Constitution provides the details of the general framework of the law and the government stated in the statute. c. The Statute is the fundamental law of the land to which the Constitution and all other laws must conform. d. There is no difference because they are both laws.

29. This principle holds that no man is above the law, so that every man, however high or low, is equal. a. Rule of the majority

b. Rule of Law

c. Democracy

d. Constitution

30. Although the Preamble is not an essential part of the Constitution, why is it advisable to have one? a. It could be a source of private right enforceable by the courts. b. It sets down the origin and purposes of the Constitution. c. Aside from (b), it may serve as an aid in the interpretation of the Constitution. d. All of the above

31. What is the single biggest factor for national solidarity? a. The government envisioned in the Constitution b. The Preamble and the different Statutes promulgated by the Congress c. The Democratic ideals of peace, love, freedom, justice, & equality d. All of the above

32. Which of the following explains the principle of the separation of the Church and State? a. No law shall be made respecting an establishment of religion. b. No public money or property shall ever be used for any religious denomination. https://tamayaosbc.wordpress.com/2012/02/20/midterm-exam/

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c. The Church must not interfere with the affairs exclusively for the State. d. All of the above

33. What is meant by a bicameral legislature? a. It means that the Congress is composed of two House of Representatives. b. It means that the Congress is composed of two chambers: Senate and House of Representatives. c. It means that the legislative power, the authority to enact and promulgate laws, is vested in the Congress of the Philippines. d. All of the above

34. What is the difference between a Senator and a Member of the House of Representatives? a. A Senator is elected at large by qualified voters, whereas a member of the House of Representatives is elected in his district. b. Although both are legislators, a senator is concerned with the national interest of the people, while a member of the House of Representatives is concerned only with the regional interest of the people. c. A senator is trained to be the future leader of the country, whereas a member of the House of Representatives is not. d. All of the above

35. Which of the following speaks of the Philippine foreign policy? a. It is one that preserves and enhances national and economic security. b. It guarantees the protection of the rights and promotion of the welfare and interest of Filipino overseas. c. It is one that does not subordinate or subject to nor dependent upon the support of another country. d. Its objective is to establish friendly relations with all countries of the world regardless of race, religion, ideology and social system and to promote as much beneficial relations with them particularly in economic and trade activities. e. It is the sole weapon of the Philippines for the promotion of national interest in international https://tamayaosbc.wordpress.com/2012/02/20/midterm-exam/

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affairs. f. All of the above g. C and D h. C, D, and E

36. What is the extent of the right of State to interfere with education of children?

a. Since the children are the property of the State (Regalian Doctrine), it can by law compel the parents to make their children accept interference with the liberty of parent to direct the upbringing and education of children under their control. b. The State can reasonable regulate all schools, their teachers and pupils. c. The State can require that all children of proper age attend school, that teachers shall be of good moral character and patriotic disposition. d. The State can oblige that certain studies plainly essential to good citizenship must be taught, and that nothing to be taught which is manifestly inimical to public welfare. e. While the natural and primary responsibility for educating the child rests in the family, the State also has a distinct interest in this matter since a proper education – humanistic, vocational, moral, religious, civic – is necessary for social well‑being. f. It is the right and duty of the State to see that the obligations of the parents are fulfilled (through such means as compulsory education laws. g. The State may supply the essential educational facilities which private initiative is unable to furnish. h. All except A i. B, C, D, E

37. It is principle that discourages government engagement in particular business activities which can be competently and efficiently undertaken by the private sector unless the latter is timid or does not want to enter into a specific industry or enterprise. a. Principle of subsidiarity

b. Principle of subsidy

c. Principle of subsidiary

d. Principle of free enterprise


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e. Principle of capitalism

f. Principle of free market

38. What is an indigenous cultural community? a. It refers to those groups in our region which possess and wish to develop their ethnic, religious, or linguistic traditions or characteristics markedly different from the rest of the world. b. It refers to those dominant groups in our country which possess and wish to improve their ethnic, religious, or linguistic traditions or characteristics similar the rest of the population. c. It refers to those minority groups in other countries which possess and wish to preserve ethnic, religious, or linguistic traditions or characteristics markedly different from the rest if the population. d. It refers to those non‑dominant groups in our country which possess and wish to preserve ethnic, religious, or linguistic traditions or characteristics markedly different from the rest of the population.

39. It is a name given to the submission of a law or part thereof passed by the national or local legislative body to the voting citizens of a country for their ratification or rejection. a. Election

b. Plebiscite

c. Referendum

d. Initiative

e. Recall

40. In this system or principle, the powers of the government are divided into three distinct classes: the legislative, the executive, and the judiciary. a. Bicameralism and Balances

b. Parliamentary System

c. Presidential System

d. Checks

41. Who among the following is a registered voter? a. One who is eighteen years of age and can read and write. b. One who is at least 35 years of age on the day of the election and is a resident of the Philippines for at least 2 years prior the day of election. c. one who has all the qualifications and none of the disqualifications of a voter provided by law and who has registered in the list of voters. d. All of the above https://tamayaosbc.wordpress.com/2012/02/20/midterm-exam/

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e. B and C f. All except A

42.When is the regular election of the Senators and the Members of the House of Representatives held? a. Every 4th Monday of July b. 2 nd Monday of May c. 1st Sunday of June d. None of the above

43. If there are 215 Members of the House of Representatives, and 15 are abroad, what would constitute the quorum? a. 100

b. 101

c. 100.5

d. 102

e. 108

44. Which of the following is not allowed by the rules on Congressional suspension? a. Suspension for 1 month above

b. Indefinite suspension c. Suspension for 1 day d. None of the

45. It is a bill affecting purely municipal concerns like changing the name of a city. a. Bill of municipal application b. Bill authorizing change of name c. Bill of local application d. Private bill

II. ENUMERATION

1‑4. Qualifications of voters https://tamayaosbc.wordpress.com/2012/02/20/midterm-exam/

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5‑6. Congressional disqualifications 7‑15. Steps in the passage of a bill

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