2011 Political Law

D. false testimony.
Bar Examination Questionnaire for Political Law Set A

5. Mario, a Bureau of Customs’ examiner, was administratively

1. Filipino citizenship may be acquired through judicial naturalization charged with grave misconduct and preventively suspended pending
only by an alien: investigation. The head of office found him guilty as charged and
ordered his dismissal. The decision against him was executed
pending appeal. The Civil Service Commission (CSC)
A. born, raised, and educated in the Philippines who has all the subsequently found him guilty and after considering a number of
qualifications and none of the disqualifications to become a Filipino mitigating circumstances, reduced his penalty to only one month
citizen. suspension. Is Mario entitled to back salaries?

B. who has all the qualifications and none of the

disqualifications to become a Filipino citizen.
A. Yes, the reduction of the penalty means restoration of his right to
C. born and raised in the Philippines who has all the qualifications back salaries.
and none of the disqualifications to become a Filipino citizen.
B. No, the penalty of one month suspension carries with it the
D. whose mother or father is a naturalized Filipino and who himself forfeiture of back salaries.
is qualified to be naturalized.
C. No, he is still guilty of grave misconduct, only the penalty
was reduced.

2. Jax Liner applied for a public utility bus service from Bacolod to D. Yes, corresponding to the period of his suspension pending
Dumaguete from the Land Transportation Franchising and appeal less one month.
Regulatory Board (LTFRB). BB Express opposed. LTFRB ruled
6. Althea, a Filipino citizen, bought a lot in the Philippines in 1975.
in favor of Jax. BB appealed to the Secretary of the Department of
Her predecessors-in-interest have been in open, continuous,
Transportation and Communication (DOTC), who reversed the
exclusive and notorious possession of the lot since 1940, in the
LTFRB decision. Jax appealed to the Office of the President which
concept of owner. In 1988, Althea became a naturalized Australian
reinstated the LTFRB’s ruling. BB Express went to the Court of
citizen. Is she qualified to apply for registration of the lot in her
Appeals on certiorari questioning the decision of the Office of the
name?
President on the ground that Office of the President has no
jurisdiction over the case in the absence of any law providing an
appeal from DOTC to the Office of the President. Will the petition
prosper? A. Yes, provided she acquires back her Filipino citizenship.

B. No, except when it can be proved that Australia has a counterpart

domestic law that also favors former Filipino citizens residing there.
A. No, exhaustion of administrative remedies up to the level of the
President is a pre-requisite to judicial recourse. C. Yes, the lot is already private in character and as a former
natural-born Filipino, she can buy the lot and apply for its
B. No, the action of the DOTC Secretary bears only the implied registration in her name.
approval of the President who is not precluded from reviewing
the decision of the former. D. No, foreigners are not allowed to own lands in the Philippines.

C. Yes, when there is no law providing an appeal to the Office of the

President, no such appeal may be pursued.
7. The privacy of communication and correspondence shall be
D. Yes, the doctrine of qualified political agency renders inviolable except upon lawful order of the court or when
unnecessary a further appeal to the Office of the President.

A. public safety or public health requires otherwise as prescribed by

3. Where A is set for promotion to Administrative Assistant III and B law.
to the post of Administrative Assistant II vacated by A, the appointing
authority must B. dictated by the need to maintain public peace and order.

C. public safety or order requires otherwise as prescribed by

law.
A. submit to the CSC the two promotional appointments
together for approval. D. public safety or order requires otherwise as determined by the
President.
B. not appoint B until the CSC has approved A’s appointment.

C. submit to the Civil Service Commission (CSC) the second

appointment after its approval of the first. 8. One advantage of a written Constitution is its

D. simultaneously issue the appointments of A and B.

A. reliability.

4. When a witness is granted transactional immunity in exchange for B. permanence.

his testimony on how his immediate superior induced him to destroy
public records to cover up the latter's act of malversation of public C. flexibility.
funds, the witness may NOT be prosecuted for
D. expediency.

A. direct contempt.
9. An appointment held at the pleasure of the appointing power
B. infidelity in the custody of public records.

C. falsification of public documents.

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A. essentially temporary in nature. 14. The Comelec en banc cannot hear and decide a case at first
instance EXCEPT when
B. requires special qualifications of the appointee.

C. requires justifiable reason for its termination.

A. a Division refers the case to it for direct action.
D. is co-extensive with the term of the public officer who appointed
him. B. the case involves a purely administrative matter.

C. the inhibition of all the members of a Division is sought.

10. The city government filed a complaint for expropriation of 10 lots D. a related case is pending before the Supreme Court en banc.
to build a recreational complex for the members of the homeowners'
association of Sitio Sto. Tomas, the most populated residential
compound in the city. The lot owners challenged the purpose of
the expropriation. Does the expropriation have a valid purpose? 15. Each of the Constitutional Commissions is expressly described
as “independent,” exemplified by its

A. No, because not everybody uses a recreational complex.

A. immunity from suit.
B. No, because it intends to benefit a private organization.
B. fiscal autonomy.
C. Yes, it is in accord with the general welfare clause.
C. finality of action.
D. Yes, it serves the well-being of the local residents.
D. collegiality.

11. An example of a content based restraint on free speech is a

regulation prescribing 16. There is double jeopardy when the dismissal of the first case is

A. maximum tolerance of pro-government demonstrations. A. made at the instance of the accused invoking his right to fair trial.

B. a no rally-no permit policy. B. made upon motion of the accused without objection from the
prosecution.
C. when, where, and how lawful assemblies are to be conducted.
C. made provisionally without objection from the accused.
D. calibrated response to rallies that have become violent.
D. based on the objection of the accused to the prosecution's
motion to postpone trial.

12. The President forged an executive agreement with Vietnam for a

year supply of animal feeds to the Philippines not to exceed 40,000
tons. The Association of Animal Feed Sellers of the Philippines 17. The new Commissioner of Immigration, Mr. Suarez, issued an
questioned the executive agreement for being contrary to R.A. 462 Office Order directing the top immigration officials to tender courtesy
which prohibits the importation of animal feeds from Asian countries. resignation to give him a free hand in reorganizing the agency. In
Is the challenge correct? compliance, Director Sison of the Administrative Department
tendered his resignation in writing which Mr. Suarez immediately
accepted. Director Sison went to court, assailing the validity of his
courtesy resignation and Mr. Suarez’s acceptance of the same. Will
A. Yes, the executive agreement is contrary to our existing the action prosper?
domestic law.

B. No, the President is the sole organ of the government in external

relations and all his actions as such form part of the law of the land. A. No, Director Sison tendered his resignation and it was accepted.

C. No, international agreements are sui generis which must stand B. No, estoppel precludes Director Sison from disclaiming the
independently of our domestic laws. resignation he freely tendered.

D. Yes, the executive agreement is actually a treaty which does not C. Yes,for so long as no one has yet been appointed to replace him,
take effect without ratification by the Senate. Director Sison may still withdraw his resignation.

13. Jose Cruz and 20 others filed a petition with the COMELEC to D. Yes, Director Sison merely complied with the order of the
hold a plebiscite on their petition for initiative to amend the head of office; the element of clear intention to relinguish office
Constitution by shifting to a unicameral parliamentary form of is lacking.
government. Assuming that the petition has been signed by the
required number of registered voters, will it prosper?
18. An administrative rule that fixes rates is valid only when the
proposed rates are
A. No, only Congress can exercise the power to amend the
Constitution.

B. Yes, the people can substantially amend the Constitution by A. published and filed with the UP Law Center.
direct action.
B. published and hearings are conducted.
C. Yes, provided Congress concurs in the amendment.
C. published and posted in three public places.
D. No, since they seek, not an amendment, but a revision.
D. published and all stakeholders are personally notified.

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19. The government sought to expropriate a parcel of land belonging 23. The equal protection clause allows valid classification of subjects
to Y. The law provides that, to get immediate possession of the land, that applies
the government must deposit the equivalent of the land's zonal value.
The government insisted, however, that what apply are the rules of
court which require an initial deposit only of the assessed value of
the property. Which should prevail on this matter, the law or the A. only to present conditions.
rules of court?
B. so long as it remains relevant to the government.

C. for a limited period only.

A. Both law and rules apply because just compensation should be
D. for as long as the problem to be corrected exists.
fixed based on its zonal or assessed value, whichever is higher.

B. Both law and rules apply because just compensation should be

fixed based on its zonal or assessed value, whichever is lower. 24. The President wants to appoint A to the vacant post of Associate
Justice of the Supreme Court
C. The law should prevail since the right to just compensation
is a substantive right that Congress has the power to define. because of his qualifications, competence, honesty, and efficiency.
But A’s name is not on the list of nominees that the Judicial and
D. The rules of court should prevail since just compensation is a
Bar Council (JBC) submitted to the President. What should the
procedural matter subject to the rule making power of the Supreme
President do?
Court.

A. Request the JBC to consider adding A to the list.

20. After X, a rape suspect, was apprised of his right to silence and
to counsel, he told the investigators that he was waiving his right to B. Decline to appoint from the list.
have his own counsel or to be provided one. He made his waiver in
the presence of a retired Judge who was assigned to assist and C. Appoint from the list.
explain to him the consequences of such waiver. Is the waiver
valid? D. Return the list to JBC.

A. No, the waiver was not reduced in writing. 25. Courts may still decide cases that have otherwise become
academic when they involve
B. Yes, the mere fact that the lawyer was a retired judge does not
cast doubt on his competence and independence.

C. Yes, the waiver was made voluntarily, expressly, and with A. the basic interest of people.
assistance of counsel.
B. petitions for habeas corpus.
D. No, a retired Judge is not a competent and independent counsel.
C. acts of the Chief Executive.

D. Presidential election protests.

21. Governor Paloma was administratively charged with abuse of
authority before the Office of the President. Pending hearing, he
ran for reelection and won a second term. He then moved to
26. The right of the State to prosecute crimes by available evidence
dismiss the charge against him based on this supervening event.
must yield to the right of
Should the motion be granted?

A. the accused against self-incrimination.

A. Yes, Governor Paloma's reelection is an expression of the
electorate's obedience to his will. B. another State to extradite a fugitive from justice.
B. No, Governor Paloma's reelection cannot extinguish his liability C. the State to deport undesirable aliens.
for malfeasance in office.
D. the complainant to drop the case against the accused.
C. No, Governor Paloma's reelection does not render moot the
administrative case already pending when he filed his certificate of 27. A temporary appointee to a public office who becomes a civil
candidacy for his reelection bid. service eligible during his tenure

D. Yes, Governor Paloma's reelection is an expression of the

electorate's restored trust.
A. loses his temporary appointment without prejudice to his
re-appointment as permanent.

22. The decision of the Regional Trial Court on appeals pertaining to B. has the right to demand conversion of his appointment to
inclusions or exclusions from the list of voters permanent.

C. automatically becomes a permanent appointee.

A. is inappealable. D. retains his temporary appointment.

B. is subject to an action for annulment.

C. may be brought straight to the Supreme Court. 28. Upon endorsement from the Senate where it was first mistakenly
filed, the House of Representatives Committee on Justice found the
D. is appealable to the Commission on Elections. verified complaint for impeachment against the President sufficient
in form but insufficient in substance. Within the same year, another
impeachment suit was filed against the President who questioned

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the same for being violative of the Constitution. Is the President B. Grant the motion provided he posts bail since he is not a flight
correct? risk.

C. Grant the motion so as not to deprive the people who elected him
their right to be represented in the Senate.
A. No, “initiated” means the Articles of Impeachment have been
actually filed with the Senate for trial; this did not yet happen. D. Deny the motion since immunity from arrest does not apply
to a charge of murder.
B. No, the first complaint was not deemed initiated because it was
originally filed with the Senate.

C. Yes, the dismissal of the first impeachment proceeding bars the 33. X, an administrative officer in the Department of Justice, was
initiation of another during the same term of the President. charged with grave misconduct and preventively suspended for 90
days pending investigation. Based on the evidence, the Secretary of
D. Yes, no impeachment proceeding can be filed against the Justice found X guilty as charged and dismissed him from the
President more than once within a year. service. Pending appeal, X's dismissal was executed.
Subsequently, the Civil Service Commission (CSC) reversed the
Secretary’s decision and the reversal became final and executory.
What is the effect of X's exoneration?
29. The Solicitor General declines to institute a civil action on behalf
of a government agency due to his strained relation with its head,
insisting that the agency’s lawyers can file the action. Is the
Solicitor General correct? A. X is entitled to reinstatement and back salaries both during his 90
day preventive suspension and his suspension pending appeal.

B. X is entitled to reinstatement and back salaries corresponding

A. Yes, when he deems he cannot harmoniously and effectively only to the period of delay caused by those prosecuting the case
work with the requesting agency. against him.
B. No, he must, in choosing whether to prosecute an action, C. X is entitled to reinstatement but not to back salaries on ground of
exercise his discretion according to law and the best interest of “damnum absque injuria.”
the State.
D. X is entitled to reinstatement and back salaries during his
C. Yes, as in any lawyer-client relationship, he has the right to suspension pending appeal.
choose whom to serve and represent.

D. No, the Solicitor General's duty to represent the government, its

offices and officers is mandatory and absolute. 34. Courts may dismiss a case on ground of mootness when

30. A department secretary may, with the President's consent, A. the case is premature.
initiate his appearance before the Senate or the House of
Representatives which B. petitioner lacks legal standing.

C. the questioned law has been repealed.

A. must seek the concurrence of the other House before acting. D. the issue of validity of law was not timely raised.

B. must hold an executive session to hear the department secretary.

C. may altogether reject the initiative. 35. Alfredo was elected municipal mayor for 3 consecutive terms.
During his third term, the municipality became a city. Alfredo ran
D. must accept such initiated appearance. for city mayor during the next immediately succeeding election.
Voltaire sought his disqualification citing the 3 term limit for elective
officials. Will Voltaire's action prosper?
31. The Metro Manila Development Authority (MMDA) passed a rule
authorizing traffic enforcers to impound illegally parked vehicles, for
the first offense, and confiscate their registration plates for the A. No, the 3 term limit should not apply to a person who is running
second. The MMDA issued this rule to implement a law that for a new position title.
authorized it to suspend the licenses of drivers who violate traffic
rules. Is the MMDA rule valid? B. Yes, the 3 term limit applies regardless of any voluntary or
involuntary interruption in the service of the local elective official.

C. Yes, the 3 term limit uniformly applies to the office of mayor,

A. No, since the MMDA does not have rule-making power. whether for city or municipality.

B. Yes, it is a valid exercise of the power of subordinate legislation. D. No, the 3 term limit should not apply to a local government unit
that has assumed a different corporate existence.
C. Yes, it is an implicit consequence of the law upon which it acted.

D. No, the rule goes beyond the sphere of the law.

36. In what scenario is an extensive search of moving vehicles
without warrant valid?
32. Senator Bondoc was charged with murder and detained at the
Quezon City Jail. He invoked, in seeking leave from the court to
attend the session of the Senate, his immunity from arrest as a A. The police became suspicious on seeing something on the car’s
Senator. How should the court rule on his motion? back seat covered with blanket.

B. The police suspected an unfenced lot covered by rocks and

bushes was planted to marijuana.
A. Deny the motion unless the Senate issues a resolution certifying
to the urgency of his attendance at its sessions.

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C. The police became suspicious when they saw a car believed to C. Yes, the police acted based on reliable information and the
be of the same model used by the killers of a city mayor. fact that an officer saw the driver carrying a gun.

D. The driver sped away in his car when the police flagged him D. No, police officers do not have unbridled discretion to conduct a
down at a checkpoint. warrantless search of moving vehicles.

37. Pre-proclamation controversies shall be heard 41. The Commission on Elections is an independent body tasked to
enforce all laws relative to the conduct of elections. Hence, it may

A. summarily without need of trial.

A. conduct two kinds of electoral count: a slow but official count; and
B. through trial by commissioner. a quick but unofficial count.
C. ex parte. B. make an advance and unofficial canvass of election returns
through electronic transmission.
D. through speedy arbitration.
C. undertake a separate and unofficial tabulation of the results of the
election manually.
38. When the President orders the Chief of the Philippine National D. authorize the citizens arm to use election returns for
Police to suspend the issuance of permits to carry firearms outside unofficial count.
the residence, the President exercises

42.The President may proclaim martial law over a particular province

A. the power of control. subject to revocation or extension
B. the Commander-in-Chief power.

C. the power of supervision. A. by Congress,subject to ratification by the Supreme Court.

D. the calling out power. B. by the Supreme Court.

C. by Congress alone
39. Carlos, a foreign national was charged with and convicted of a D. by Congress, upon recommendation of the respective
serious crime in State X and sentenced to life imprisonment. His Sangguniang Panlalawigan.
country applied for relief with the International Court of Justice (ICJ),
arguing that State X did not inform Carlosof his right under Article 36
of the Vienna Convention to be accorded legal assistance by his
government. State X, as signatory to the Vienna Convention, 43. During his incumbency, President Carlos shot to death one of his
agreed to ICJ's compulsory jurisdiction over all disputes regarding advisers during a heated argument over a game of golf that they
the interpretation or application of the Vienna Convention. ICJ were playing. The deceased adviser’s family filed a case of
ruled that State X violated its obligation to provide consular homicide against President Carlos before the city prosecutor’s
notification to the foreign national's country. ICJ also required State office. He moved to dismiss the case, invoking presidential
X to review and reconsider the life sentence imposed on the foreign immunity from suit. Should the case be dismissed?
national. State X then wrote the United Nations informing that it
was withdrawing from the Optional Protocol on Vienna Convention
and was not bound by the ICJ decision. What principle of
international law did State X violate? A. Yes, his immunity covers his interactions with his official family,
including the deceased adviser.

B. No, his immunity covers only work-related crimes.

A. Pacta Sunt Servanda
C. Yes, his immunity holds for the whole duration of his tenure.
B. Act of State Doctrine
D. No, his immunity does not cover crimes involving moral turpitude.
C. Protective Principle

D. Jus Cogens
44. The School Principal of Ramon Magsaysay High School
designated Maria, her daughter, as public school teacher in her
school. The designation was assailed on ground of nepotism. Is
40. An informer told the police that a Toyota Car with plate ABC 134 such designation valid?
would deliver an unspecified quantity of ecstacy in Forbes Park,
Makati City. The officers whom the police sent to watch the Forbes
Park gates saw the described car and flagged it down. When the
driver stopped and lowered his window, an officer saw a gun tucked A. No, because the law prohibits relatives from working within the
on the driver's waist. The officer asked the driver to step out and he same government unit.
did. When an officer looked inside the car, he saw many tablets
B. Yes, because Maria’s position does not fall within the
strewn on the driver's seat. The driver admitted they were ecstacy. prohibition.
Is the search valid?
C. No, because her mother is not the designating authority.

D. No, because Maria is related to the supervising authority within

A. No, the rule on warrantless search of moving vehicle does not
the prohibited degree of consanguinity.
allow arbitrariness on the part of the police.

B. Yes, the police officers had the duty to verify the truth of the
information they got and pursue it to the end. 45. The President's appointment of an acting secretary although
Congress is in session is

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A. voidable. 50. Where a candidate for the Senate stated in his certificate of
candidacy that he is single, when he is very much married, though
B. valid. separated, his certificate of candidacy
C. invalid.

D. unenforceable. A. may be canceled.

B. will subject him to a quo warranto action.

46. Congress passed a bill appropriating P50 million in assistance to C. remains valid.
locally based television stations subject to the condition that the
amount would be available only in places where commercial national D. may be denied due course.
television stations do not operate. The President approved the
appropriation but vetoed the condition. Was the veto valid?

51. A candidate who commits vote buying on Election Day itself shall
be prosecuted by the
A. Yes, since the vetoed condition may be separated from the item.

B. Yes, the President's veto power is absolute.

A. COMELEC.
C. No, since the veto amounted to a suppression of the freedom to
communicate through television. B. Secretary of Justice.

D. No, since the approval of the item carried with it the approval C. police and other law enforcement agencies.
of the condition attached to it.
D. City or Provincial Prosecutor.

47. In the exercise of its power of legislative inquiries and oversight

functions, the House of Representatives or the Senate may only ask 52. A law authorized the Secretary of Agriculture to require the
questions quarantine of animals that suffer from dangerous communicable
diseases at such place and for such time he deems necessary to
prevent their spread. The Secretary of Agriculture issued a
regulation, imposing a penalty of imprisonment for 10 days on
A. that the official called is willing to answer. persons transporting quarantined animals without his permission.
The regulation is
B. that are relevant to the proposed legislation.

C. to which the witness gave his prior consent.

A. a valid exercise of the power of subordinate legislation.
D. material to the subject of inquiry.
B. invalid for being ultra vires.

C. a valid exercise of police power.

48. An ordinance prohibits “notorious street gang members” from
loitering in public places. The police are to disperse them or, if they D. invalid for being discriminatory.
refuse, place them under arrest. The ordinance enumerates which
police officers can make arrest and defines street gangs,
membership in them, and public areas. The ordinance was
challenged for being vague regarding the meaning of “notorious 53. Small-scale utilization of natural resources by Filipino citizens
street gang members.” Is the ordinance valid? may be allowed by

A. No, it leaves the public uncertain as to what conduct it A. Congress.

prohibits.
B. either the Senate or the House of Representatives.
B. No, since it discriminates between loitering in public places and
C. the President.
loitering in private places.
D. the President with the consent of Congress.
C. Yes, it provides fair warning to gang members prior to arrest
regarding their unlawful conduct.

D. Yes, it is sufficiently clear for the public to know what acts it 54. When the Civil Service Commission (CSC) approves the
prohibits. appointment of the Executive Director of the Land Transportation
Franchising and Regulatory Board who possesses all the prescribed
qualifications, the CSC performs
49. The people may approve or reject a proposal to allow foreign
investors to own lands in the Philippines through an electoral
process called A. a discretionary duty.

B. a mix discretionary and ministerial duty.

A. referendum. C. a ministerial duty.
B. plebiscite. D. a rule-making duty.
C. initiative.

D. certification.

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55. Xian and Yani ran for Congressman in the same district. D. Yes, conviction in court in a criminal action is subject to the
During the canvassing, Yani objected to several returns which he President's pardoning power.
said were tampered with. The board of canvassers did not entertain
Yani's objections for lack of authority to do so. Yani questions the
law prohibiting the filing of pre-proclamation cases involving the
election of Congressmen since the Constitution grants COMELEC 59. A private person constituted by the court as custodian of
jurisdiction over all pre-proclamation cases, without distinction. Is property attached to secure a debt sought to be recovered in a civil
Yani correct? proceeding is

A. Yes, the Constitution grants jurisdiction to COMELEC on all A. a private sheriff.

pre-proclamation cases, without exception. B. a public officer.
B. No, COMELEC’s jurisdiction over pre-proclamation cases
C. a private warehouseman.
pertains only to elections for regional, provincial, and city
officials. D. an agent of the party to whom the property will ultimately be
awarded.
C. No, COMELEC’s jurisdiction over pre-proclamation cases does
not include those that must be brought directly to the courts.

D. Yes, any conflict between the law and the Constitution relative to 60. The COMELEC en banc shall decide a motion for
COMELEC's jurisdiction must be resolved in favor of the reconsideration of
Constitution.

A. the House or Representatives and the Senate electoral tribunals.

56. When the Supreme Court nullified the decisions of the military
tribunal for lack of jurisdiction, it excluded from their coverage B. the decision of the election registrar.
decisions of acquittal where the defendants were deemed to have
acquired a vested right. In so doing, the Supreme Court applied C. the decision of the COMELEC division involving an election
protest.

D. its own decision involving an election protest.

A. the operative fact doctrine.

B. the rule against double jeopardy.

61. Adela served as Mayor of Kasim for 2 consecutive terms. On
C. the doctrine of supervening event. her third term, COMELEC ousted her in an election protest that Gudi,
her opponent, filed against her. Two years later, Gudi faced recall
D. the orthodox doctrine. proceedings and Adela ran in the recall election against him. Adela
won and served as Mayor for Gudi's remaining term. Can Adela
run again for Mayor in the next succeeding election without violating
57. Accused X pleaded not guilty to the charge of homicide against the 3 term limit?
him. Since he was admitted to bail, they sent him notices to attend
the hearings of his case. But he did not show up, despite notice, in
four successive hearings without offering any justification. The A. No, she won the regular mayoralty election for two consecutive
prosecution moved to present evidence in absentia but the court terms and the recall election constitutes her third term.
denied the motion on the ground that the accused has a right to be
present at his trial. Is the court correct? B. A. No, she already won the mayoralty election for 3 consecutive
terms.

C. Yes, her ouster from office in her third term interrupted the
A. No, the court is mandated to hold trial in absentia when the continuity of her service as mayor.
accused had been arraigned, had notice, and his absence was
unjustified. D. Yes, the fresh mandate given her during the recall election erased
her disqualification for a third term.
B. Yes, it remains discretionary on the court whether to conduct trial
in absentia even if the accused had been arraigned and had notice
and did not justify his absence.
62. A child born in the United States to a Filipino mother and an
C. Yes, it is within the court's discretion to determine how many American father is
postponements it will grant the accused before trying him in
absentia.

D. No, the court may reject trial in absentia only on grounds of fraud, A. a Filipino citizen by election.
accident, mistake, or excusable negligence.
B. a repatriated Filipino citizen.

C. a dual citizen.
58. Following COMELEC Chairman Bocay's conviction for acts of
corruption in the impeachment proceedings, he was indicted for D. a natural born Filipino citizen.
plunder before the Sandiganbayan and found guilty, as charged.
Can he get Presidential pardon on the plunder case?
63. Involuntary servitude may be required as
A. No, plunder is not a pardonable offense.

B. No, conviction in a criminal case for the same acts charged in the
impeachment proceedings is not pardonable. A. part of rehabilitation of one duly charged with a crime.
C. Yes, convictions in two different fora for the same acts, are too B. substitute penalty for one who has been duly tried for a crime.
harsh that they are not beyond the reach of the President’s
pardoning power. C. punishment for a crime where one has been duly convicted.

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D. condition precedent to one's valid arraignment. D. No, the incumbent President must yield to the choice of the next
President

64. Van sought to disqualify Manresa as congresswoman of the third

district of Manila on the ground that the latter is a greencard holder. 69. The President may set a limit on the country's import quota in the
By the time the case was decided against Manresa, she had already exercise of his
served her full term as congresswoman. What was Manresa's
status during her incumbency as congresswoman?
A. delegated power.

A. She was a de jure officer, having been duly elected. B. concurring power.

B. She was not a public officer because she had no valid existing C. residual power.
public office.
D. inherent power.
C. She was a de jure officer since she completed her term before
she was disqualified.

D. She was a de facto officer since she was elected, served, and 70. Amor sued for annulment of a deed of sale of Lot 1. While the
her disqualification only came later. case was ongoing, Baltazar, an interested buyer, got a Certification
from Atty. Crispin, the Clerk of Court, that Lot 1 was not involved in
any pending case before the court. Acting on the certification, the
Register of Deeds canceled the notice of lis pendens annotated on
65. Whose appointment is NOT subject to confirmation by the Lot 1’s title. Amor filed a damage suit against Atty. Crispin but the
Commission on Appointments? latter invoked good faith and immunity from suit for acts relating to
his official duty, claiming he was not yet the Clerk of Court when
Amor filed his action. Decide.
A. Chairman of the Civil Service Commission

B. Chief Justice of the Supreme Court A. Atty. Crispin is immune from suit since he enjoys the presumption
of regularity of performance of public duty.
C. Chief of Staff of the Armed Forces of the Philippines
B. Atty. Crispin's defense is invalid since he issued his
D. Executive Secretary certification recklessly without checking the facts.

C. Atty. Crispin's defense is valid since he was unaware of the

pendency of the case.
66. The system of checks and balances operates when
D. As Clerk of Court, Atty. Crispin enjoys absolute immunity from suit
for acts relating to his work.
A. the President nullifies a conviction in a criminal case by
pardoning the offender.
71. The Housing and Land Use Regulatory Board (HLURB) found
B. Congress increases the budget proposal of the President.
Atlantic Homes, Inc. liable in damages arising from its delayed
C. the President does not release the countryside development release of the title to the house and lot that it sold to Josephine.
funds to members of Congress. Atlantic appealed to the Office of the President which rendered a
one page decision, affirming the attached HLURB judgment.
D. Congress expands the appellate jurisdiction of the Supreme Atlantic challenges the validity of the decision of the Office of the
Court, as defined by the Constitution. President for not stating the facts and the law on which it is based.
Is the challenge correct?

67. The price of staple goods like rice may be regulated for the
protection of the consuming public through the exercise of A. No, the Office of the President is governed by its own rules
respecting review of cases appealed to it. B. Yes, the decision of the
Office of the President must contain its own crafted factual findings
and legal conclusions.
A. power of subordinate legislation.
C. Yes, administrative due process demands that the Office of the
B. emergency power. President make findings and conclusions independent of its
subordinate.
C. police power.
D. No, the Office of the President is not precluded from
D. residual power.
adopting the factual findings and legal conclusions contained
in the HLURB decision.

68. Associate Justice A retires from the Supreme Court 90 days 72. A collision occurred involving a passenger jeepney driven by
before the forthcoming Presidential election. May the incumbent Leonardo, a cargo truck driven by Joseph, and a dump truck driven
President still appoint Justice A's successor? by Lauro but owned by the City of Cebu. Lauro was on his way to
get a load of sand for the repair of the road along Fuente Street,
Cebu City. As a result of the collision, 3 passengers of the jeepney
died. Their families filed a complaint for damages against Joseph
A. No, it will violate the Constitutional prohibition against midnight who in turn filed a third party complaint against the City of Cebu and
appointments. Lauro. Is the City of Cebu liable for the tort committed by its
employee?
B. Yes, vacancies in the Supreme Court should be filled within
90 days from occurrence of the vacancy. C. Yes, vacancies in the
Supreme Court should be filled within 90 days from submission of
JBC nominees to the President. A. The City of Cebu is not liable because its employee was
engaged in the discharge of a governmental function.

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B. The City of Cebu is liable for the tort committed by its employee
while in the discharge of a non-governmental function.
78. The Constitution prohibits cruel and inhuman punishments which
C. The City of Cebu is liable in accord with the precept of respondeat involve
superior.

D. The City of Cebu is not liable as a consequence of its

non-suitability. A. torture or lingering suffering.

B. primitive and gross penalties.

73. During promulgation of sentence, the presence of the accused is C. unusual penal methods.
mandatory but he may appear by counsel or representative when
D. degrading and queer penalties.

79. Judge Lloyd was charged with serious misconduct before the
A. he is charged with a light offense. Supreme Court. The Court found him guilty and ordered him
dismissed. Believing that the decision was not immediately
B. he was able to cross-examine the prosecution’s witnesses. executory, he decided a case that had been submitted for resolution.
The decision became final and executory. But the losing party filed
C. he waives his right to be present. a certiorari action with the Court of Appeals seeking to annul the writ
of execution issued in the case and bar Judge Lloyd from further
D. he is convicted of a bailable offense. acting as judge. Can the relief against Judge Lloyd be granted?

74. An information for murder was filed against X. After examining A. No, Judge Lloyd's right to stay as judge may be challenged
the case records forwarded to him by the prosecution, the trial judge only by direct proceeding, not collaterally.
granted bail to X based on the prosecution's manifestation that it
was not objecting to the grant of bail. Is the trial judge correct? B. Yes, the action against Judge Lloyd may be consolidated with the
case before the Court of Appeals and decided by it.

C. Yes, Judge Lloyd 's right to stay as judge may be challenged as a

A. Yes, the trial judge may evaluate the strength or weakness of the necessary incident of the certiorari action.
evidence based on the case records forwarded to him.
D. No, the losing party has no standing to challenge Judge Lloyd's
B. No, the trial judge should have held a hearing to ascertain right to stay as judge.
the quality of the evidence of guilt that the prosecution had
against X.

C. No, the trial judge should have conducted a hearing to ascertain 80. Executive Secretary Chua issued an order prohibiting the
first whether or not X was validly arrested. holding of rallies along Mendiola because it hampers the traffic flow
to Malacanang. A group of militants questioned the order for being
D. Yes, the trial judge may reasonably rely on the prosecution's unconstitutional and filed a case against Secretary Chua to restrain
manifestation that he had no objection to the grant of bail. him from enforcing the order. Secretary Chua raised state
immunity from suit claiming that the state cannot be sued without its
consent. Is the claim correct?
75. The President CANNOT call out the military

A. No, public officers may be sued to restrain him from

A. to enforce customs laws. enforcing an act claimed to be unconstitutional.

B. to secure shopping malls against terrorists. B. Yes, the order was not a proprietary act of the government.

C. to arrest persons committing rebellion. C. No, only the president may raise the defense of immunity from
suit.
D. to raid a suspected haven of lawless elements.
D. Yes, Secretary Chua cannot be sued for acts done in pursuance
to his public office.

76. Mass media in the Philippines may be owned and managed by

81. Anton was the duly elected Mayor of Tunawi in the local
elections of 2004. He got 51% of all the votes cast. Fourteen
A. corporations wholly owned and managed by Filipinos. months later, Victoria, who also ran for mayor, filed with the Local
Election Registrar, a petition for recall against Anton. The
B. corporations 60% owned by Filipinos. COMELEC approved the petition and set a date for its signing by
other qualified voters in order to garner at least 25% of the total
C. corporations wholly owned by Filipinos.
number of registered voters or total number of those who actually
D. corporations 60% owned and managed by Filipinos. voted during the local election in 2005, whichever is lower. Anton
attacked the COMELEC resolution for being invalid. Do you agree
with Anton?

77. Procedural due process in administrative proceedings

A. No, the petition, though initiated by just one person, may be

ratified by at least 25% of the total number of registered voters.
A. requires the tribunal to consider the evidence presented.
B. No, the petition, though initiated by just one person may be
B. allows the losing party to file a motion for reconsideration. ratified by at least 25% of those who actually voted during the 2004
local elections.
C. requires hearing the parties on oral argument.

D. permits the parties to file memoranda.

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C. Yes, the petition should be initiated by at least 25% of the total A. eminent domain power.
number of registered voters who actually voted during the 2004 local
elections. B. zoning power.

D. Yes,the petition should be initiated by at least 25% of the C. police power.

total number of registered voters of Tunawi.
D. taxing power.

82. Using the description of the supplier of shabu given by persons

who had been arrested earlier for selling it, the police conducted a 87. In the valid exercise of management prerogative consistent with
surveillance of the area indicated. When they saw a man who fitted the company's right to protect its economic interest, it may prohibit
the description walking from the apartment to his car, they its employees from
approached and frisked him and he did not object. The search
yielded an unlicensed gun tucked on his waist and shabu in his car.
Is the search valid? A. joining rallies during their work shift.

B. marrying employees of competitor companies.

A. No, the man did not manifest any suspicious behavior that C. publicly converging with patrons of competitor companies.
would give the police sufficient reason to search him.
D. patronizing the product of competitor companies.
B. Yes, the police acted on reliable information which proved correct
when they searched the man and his car.

C. Yes, the man should be deemed to have waived his right to 88. The President issued an executive order directing all department
challenge the search when he failed to object to the frisking. heads to secure his consent before agreeing to appear during
question hour before Congress on matters pertaining to their
D. No, reliable information alone, absent any proof beyond departments. Is the executive order unconstitutional for
reasonable doubt that the man was actually committing an offense, suppressing information of public concern?
will not validate the search.

A. No, because those department heads are his alter egos and he is
83. A law interfering with the rights of the person meets the but exercising his right against self-incrimination.
requirements of substantive due process when
B. Yes, the President cannot control the initiative of the department
heads to conform with the oversight function of Congress.
A. the means employed is not against public policy. C. Yes, the President cannot withhold consent to the initiative of his
department heads as it will violate the principle of check and
B. it is in accord with the prescribed manner of enforcement as to
balance.
time, place, and person.
D. No, the President has the power to withhold consent to
C. all affected parties are given the chance to be heard.
appearance by his department heads during question hour.
D. the interest of the general public, as distinguished from
those of a particular case, requires such interference.
89. When the President contracted a personal loan during his
incumbency, he may be sued for sum of money
84. A judge of the Regional Trial Court derives his powers and duties
from
A. during his term of office.

B. during his tenure of office.

A. statute.
C. after his term of office.
B. the President, the appointing power.
D. after his tenure of office.
C. Supreme Court issuances.

D. the rules of court.

90. The Senate Blue Ribbon Committee summoned X, a former
department secretary, to shed light on his alleged illicit acquisition of
85. When an elective official's preventive suspension will result in properties claimed by the Presidential Commission on Good
depriving his constituents of his services or representation, the court Government. X sought to restrain the Committee from proceeding
may with its investigation because of a pending criminal case against him
before the Sandiganbayan for ill-gotten wealth involving the same
properties. Decide. The investigation may

A. require the investigating body to expedite the investigation.

B. hold in abeyance the period of such suspension. A. not be restrained on ground of separation of powers.

C. direct the holding of an election to fill up the temporary vacancy. B. be restrained on ground of prejudicial question.

D. shorten the period of such suspension. C. not be restrained on ground of presumed validity of legislative
action.

D. be restrained for being sub judice.

86. When the State requires private cemeteries to reserve 10% of
their lots for burial of the poor, it exercises its

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91. A government that actually exercises power and control as

opposed to the true and lawful government is in terms of legitimacy
A. No, since the position of Chairman of the Commission was
created by statute, the appointment of its holder requires the
consent of Congress.
A. a government of force.
B. Yes, since the power to appoint in the government, if not
B. an interim government. lodged elsewhere, belongs to the President as Chief
Executive.
C. a de facto government.
C. Yes, since the power to fill up all government positions mentioned
D. an illegitimate government. in the Constitution has been lodged in the President.

D. No, because absent any express authority under the Constitution,

the power to appoint does not exist.
92. The Special Committee on Naturalization is headed by

97. The Chief Justice appointed X, the President’s sister, as

A. the Secretary of Justice.
Assistant Court Administrator in the Supreme Court during the
B. the Secretary of Foreign Affairs. President's tenure. Claiming that the Constitution prohibits the
appointment in government of a President’s relative, a taxpayer asks
C. the National Security Adviser. for its nullification. Will the challenge prosper?

D. the Solicitor General.

A. Yes, since the appointment essentially violates the law against

nepotism.
93. The President issued Proclamation 9517 declaring a state of
emergency and calling the armed forces to immediately carry out B. Yes, because relatives of the President within the fourth civil
necessary measures to suppress terrorism and lawless violence. degree cannot be appointed as heads of offices in any department of
In the same proclamation, he directed the government's temporary government.
takeover of the operations of all privately owned communication
utilities, prescribing reasonable terms for the takeover. Is the C. No, X's appointment, although in the government, is not in the
takeover valid? Executive Department that the President heads.

D. No, the position to which X was appointed is not among

those prohibited under the Constitution.
A. Yes, it is an implied power flowing from the President's exercise
of emergency power.

B. No, it is a power reserved for Congress alone. 98.May an incumbent Justice of the Supreme Court be disbarred as
a lawyer?
C. Yes, subject to ratification by Congress.

D. No, it is a power exclusively reserved for the People's direct

action. A. No, it will amount to removal.

B. No, his membership in the bar is secure.

94. A candidate for Senator must be at least 35 years old on C. Yes, by the Supreme Court itself.

D. Yes, by Congress in joint session.

A. the day he is duly proclaimed.

B. the day the election is held. 99. Mayor Lucia of Casidsid filed her certificate of candidacy for
congresswoman of the district covering Casidsid. Still, she
C. the day he files his certificate of candidacy. continued to act as mayor of Casidsid without collecting her salaries
as such. When she lost the election and a new mayor assumed
D. the day he takes his oath of office. office, she filed an action to collect the salaries she did not get while
serving as mayor even when she ran for congresswoman. Is her
action correct?
95. The Office of the Special Prosecutor may file an information
against a public officer for graft
A. No, salaries can be waived and she waived them.

B. No, because her acts as de facto officer are void insofar as

A. on its own initiative subject to withdrawal of the information by the she is concerned.
Ombudsman.
C. Yes, public policy demands that a de facto officer enjoy the same
B. independently of the Ombudsman, except in plunder cases. rights of a de jure officer.
C. only when authorized by the Ombudsman. D. A. Yes, it is but just that she be paid for the service she rendered.
D. independently of the Ombudsman.

100. X, a Filipino and Y, an American, both teach at the International

Institute in Manila. The institute gave X a salary rate of P1,000 per
96. Since the Constitution is silent as to who can appoint the
hour and Y, P1,250 per hour plus housing, transportation, shipping
Chairman of the Commission on Human Rights, the President
costs, and leave travel allowance. The school cited the dislocation
appointed W to that position without submitting his appointment to
factor and limited tenure of Y to justify his high salary rate and
the Commission on Appointments for confirmation. Is W’s
additional benefits. The same package was given to the other
appointment by the President valid?
foreign teachers. The Filipino teachers assailed such differential

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treatment, claiming it is discriminatory and violates the equal

protection clause. Decide.

A. The classification is based on superficial differences.

B. The classification undermines the “Filipino First” policy.

C. The distinction is fair considering the burden of teaching abroad.

D. The distinction is substantial and uniformly applied to each class.

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