Constitutional Law 2 Reviewer

X.
Bill of Rights
A. Fundamental Powers of the State
1. One of these statements is not correct:
a.Police power is the power to prescribe regulations to promote the health, morals, peace, education, good order or
safety, and general welfare of the people.
1
b.Eminent domain is the right of a government to take and appropriate private property to public use, whenever the
public exigency requires it, which can be done only on condition of providing a reasonable compensation
therefor.
2
c.Taxation is the power by which the sovereign raises revenue to defray the necessary expenses of government.
3
d.It is not possible for an exaction to involve the exercise of both the power of taxation and the police power.
4
1.One of these statements is not correct:
a.The following are the requisites for the valid exercise of police power: a) the interests of the public generally, as
distinguished from those of a particular class, should justify the interference of the state, and b) the means
employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive.
5
b.The following are the requisites for the valid exercise of the power of eminent domain: a) the property must be
taken for public use; and b) just compensation must be paid for it.
6
c.The following are the requisites for the valid exercise of power of taxation: a) it must not violate due process,
7
b)
it must be uniform and equitable,
8
and c) it must be for a public purpose.
9
d.The exercise of police power, the power of eminent domain, and the power of taxation is limited by the
constitutional prohibition against the impairment of the obligations of contracts.
2.One of these statements regarding the similarities of police power, the power of eminent domain, and the power of taxation
is not correct:

a.They are inherent in sovereignty and do not need a constitutional grant.
10
b.They are the methods by which the state interferes with private rights and property.
11
c.They are vested in the legislature.
12
d.They confer pecuniary compensation for the interference with private rights and property.
3.One of these statements regarding differences among police power, the power of eminent domain, and the power of tax
action is not correct:
a.Police power affects liberty and property. The power of eminent domain and the power of taxation affect property
only.
13
b.Police power and the power of taxation can be exercised by the government only. The power of eminent domain
may be delegated to certain private entities.
14
c.Police power and the power of taxation are directed against the whole constituency. The power of eminent
domain is directed against particular property.
15
d.In the exercise of police power, the property affected is necessarily destroyed. In the exercise of the power of
eminent domain and the power of taxation, the property affected is not destroyed.
16
BAR REVIEWER ON POLITICAL LAW
CONSTITUTIONAL LAW 2 (Bill of Rights onwards) | ATTY. JACK JIMENEZ
Ateneo Law School
Bar Review 2012
1
Primicias vs. Fugoso, 80 Phil. 71
2
United States vs. Toribio, 15 Phil. 71
3
Ballentinos Law Dictionary, 3
rd
Ed. , p 1256
4
Lutz vs. Araneta, 98 Phil. 148
5
National Development Company vs. Philippine Veterans Bank, 192 SCRA 257
6
Moreno, Philippine Law Dictionary, 3
rd
ed., p. 311
7
Manila Gas Corporation vs. Collector of Internal Revenue, 562 Phil. 895
8
Section 28 (1), Article VII of the Constitution
9
Planters Products, Inc. vs. Fertiphil Corporation, 548 SCRA 485
10
Cruz, Constitutional Law, 2007 ed., p. 37
11
Ibid
12
Loc. cit. at. p. 38
13
Cruz, Constitutional Law, 2007 ed., p. 38
14
Ibid.
15
Umali, Reviewer in Taxation, 1980 ed., p. 6
16

A.Private Parties
a.The right to due process guaranteed in Section 1, Article III of the Constitution is meant to protect against
arbitrary government action and cannot be invoked in private controversies.
17
b.The right against unreasonable searches and seizures guaranteed by Section 2, article III of the Constitution is a
restraint directed only against the government and not against private individuals.
18

c.The guarantee of equal protection in Section 21, Article III of the Constitution cannot be invoked against acts of
private individuals.
19
d.The rights during investigation guaranteed by Section 14 (a), Article III of the Constitution are applicable to the
administrative investigation of an employee by the employer.
20
B.Procedural Due Process
a.Procedural due process requires that a party must be given notice and an opportunity to be heard.
21
b.If a decision was rendered without affording the losing party a chance to be heard, it will not become final.
22
c.If a party was not given the chance to be heard, but he was later on able to present his side, the deficiency is
cured.
23
d.If a court decided the just compensation in an expropriation case without giving the plaintiff a chance to be heard,
but the plaintiff filed a motion for reconsideration, this cures the defect.
24
2.One of these is not an exception to the requirement of a prior notice and hearing:
a.Abatement of nuisance per se.
25
b.Issuance of a writ of preliminary attachment.
26
c.Preventive suspension of a respondent in an administrative case.
27
d.Termination of a probationary government employee.
28
3.One of these is not an exception to the requirement of a prior notice and hearing:
a.Closure of a bank.
29
b.Issuance by the trial court of a hold departure order against the accused in a criminal case.
30
c.Issuance of a cease and desist order against a factory found upon inspection to be discharging effluents into a
river.
31
d.Issuance of a writ of preliminary injunction.
32
a.The right to due process in civil cases includes the right of cross-examination.
33
b.Because of the right to due process, a law cannot deny the right to appeal.
34
c.The right to due process is not violated if the right to appeal is made subject to certain conditions.
35
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17
Atienza vs. Commission on Elections, 612 SCRA 761
18
People vs. Marti, 193 SCRA 57
19
Yrasuegul vs. Philippine Airlines, Inc., 569 SCRA 467
20
Manuel vs. N.C. Construction Supply, 282 SCRA 326
21
State Prosecutors vs. Muro, 236 SCRA 505
22
Macias vs. Macias, 410 SCRA 365
23
Wireless Services, Ltd. Vs. Dumlao, 392 SCRA 269
24
National Power Corporation vs. Dela Cruz, 514 SCRA 56
25
Mendoza vs. National Housing Authority, 111 SCRA 634
26
Toledo vs. Matibag, 168 SCRA 513
27
Garcia vs. Mojica, 214 SCRA 202
28
Civil Service Commission vs. Magnaye, 619 SCRA 347
29
Central Bank of the Philippines vs. Court of Appeals, 220 SCRA 536
30
Santiago vs. Vasquez, 217 SCRA 633
31
Pollution Adjudication Board vs. Court of Appeals, 195 SCRA 633
32
Carale vs. Abarintos, 269 SCRA 132
33
Ortigas vs. Lufthansa German Airlines, 645 SCRA 610
34
Alba vs. Nitorreda, 254 SCRA 253
35
Aris (Phil.), Inc. vs. National Labor Relations Commission, 200 SCRA 246
d.The right to due process of a party is violated if he was prejudiced because of the gross negligence of his
lawyer.
36
a.Because of due process, any public officer who decided a case should not decide the appeal from his decision if
he was promoted.
37
b.A judge who has pre-judged the case pending before him should inhibit himself.
38
c.The questioning of the witnesses is not sufficient basis for claiming the judge was biased.
39
d.A judge who reminded the lawyer for the defense that the defense of alibi requires the impossibility of the
presence of the accused at the scene of the crime and who expressed his observations on the testimonies of
the witnesses should be considered as biased.
40
a.Repeated rulings against a litigant, even if erroneous, do not constitute a basis for claiming a judge is biased.
41
b.Massive publicity during a trial cannot serve as a basis for claiming that the judge became biased.
42
c.Live television of the trial of a criminal case should not be allowed to ensure a fair trial.
43
d.The motu proprio amendment by a judge of his order requiring the deposit of the assessed value of the real
property sought to be expropriated by requiring instead the deposit of its zonal value for the issuance of a writ
of possession is a ground for his disqualification for bias.
44
7.One of these is not a requirement of administrative due process.
a.A party must have the right to present his case and submit evidence in support of it.
45
b.The tribunal must consider the evidence presented.
46
c.The decision must have something to support it.
47
d.The party must be assisted by counsel.
48
8.One of these is not a requirement of administrative due process:
a.The evidence must be substantial. It must be more than a mere scintilla but must be such evidence as a
reasonable might accept as adequate to support a conclusion.
49
b.The decision must be rendered on the evidence presented at the hearing, or at least contained in the record and
disclosed to the parties affected.
50
c.The tribunal must act on its own independent consideration of the law and the facts of the controversy and not
simply accept the views of a subordinate in arriving at a decision.
51
d.The parties must be furnished a copy of report submitted by the subordinate to the tribunal.
52
9.One of these is a requirement of administrative due process:
a.The tribunal should render its decision in such a manner that the parties can know the issues involved and the
reasons for the decision.
53
b.The evidence should be received by the same public officer who will decide the case.
54
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36
Amil vs. Court of Appeals, 316 SCRA 317
37
Rivera vs. Civil Service Commission, 240 SCRA 43
38
Juan vs. Castillo, 62 SCRA 124
39
People vs. Medina, 404 SCRA 248
40
People vs. Larraaga, 421 SCRA 530
41
People vs. Webb, 276 SCRA 243
42
People vs. Roxas, 624 SCRA 378
43
Perez vs. Estrada, 360 SCRA 241
44
Republic vs. Guingoyon, 478 SCRA 474
45
Ang Tibay vs. Court of Industrial Relations, 69 Phil. 631
46
Ibid
47
Ibid
48
Nera vs. Auditor General, 164 SCRA 1
49
Ang Tibay Court of Industrial Relations, 69 Phil. 631
50
Ibid
51
Ibid
52
Mollaneda vs. Umcob, 358 SCRA 537
53
Ang Tibay vs. Court of Industrial Relations, 69 SCRA 631
54
Mangubat vs. De Castro, 163 SCRA 608
c.There must be a transcript of the proceedings.
55
d.The tribunal that will decide the appeal from an administrative agency must conduct a hearing and give notice of it
to the parties.
56
a.A law cannot provide that administrative proceedings will be summary and without cross-examination.
57
b.A letter which simply ordered a public officer facing an administrative case to turn over his position to his
successor cannot be considered a valid decision on his case.
58
c.A decision on an administrative case against government employees stating that they were being dismissed
pursuant to the report submitted by a committee is not valid.
59
d.A decision finding a barangay chairman guilty in an administrative case for falsely stating that the barangay had
no sangguniang kabataaan officials when in three of the documents, it was stated that there were sangguniang
kabataan officials and he claimed that his signature in one other document that there were no sangguniang
kabataan officials was forged is not supported by substantial evidence.
60
C.Substantive Due Process
a.In the hierarchy of civil liberties, human rights occupy a superior position over property rights.
61
b.The right to privacy is protected by the Constitution.
62
c.The security of tenure of a public officer is a property right protected by the Constitution.
63
d.The license granted to harbor pilots to practice their profession is not a property right.
64
2.One of these is not a property right protected by due process:
a.Admission ticket to a theater.
65
b.License to carry a firearm.
66
c.Pension due the surviving spouse of a retired member of the Government Service Insurance System.
67
d.Parking spaces in shopping malls.
68
3.One of these is not a valid exercise of police power:
a.Prohibition of the killing of carabaos which are fit for agricultural work.
69
b.Prohibition of advertising billboards along the streets.
70
c.Requiring those who wish to practice medicine to pass a government examination.
71
d.Prohibition of the transportation of carabaos from one province to another.
72
a.Requiring those who wish to enroll for the course of medicine to pass an admission test.
73
b.Requiring the closure of commercial blood banks.
74
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55
Police Commission vs. Lood, 127 SCRA 757
56
Phua vs. Board of Commissioners, 133 SCRA 556
57
Sto. Domingo vs. Ordoez, 166 SCRA 123
58
Lecaroz vs. Ferrer, 152 SCRA 337
59
Department of Health vs. Camposano, 457 SCRA 438
60
Domingo vs. Office of the Ombudsman, 577 SCRA 476
61
Philippine Blooming Mills Employees Organization vs. Philippine Blooming Mills Company, Inc., 50 SCRA 189
62
Ople vs. Torres, 293 SCRA 141
63
Morfe vs. Mutuc, 22 SCRA 424
64
Corona vs. United Harbor Pilots Association, 283 SCRA 31
65
Balacuit vs. Court of First Instance of Agusan del Norte, 163 SCRA 182
66
Chavez vs. Romulo, 431 SCRA 534
67
Government Service Insurance System vs. Montesclaros, 434 SCRA 441
68
Office of the Solicitor General vs. Ayala Land, Inc., 600 SCRA 617
69
United States vs. Toribio, 15 Phil. 85
70
Churchill vs. Rafferty, 32 Phil. 580
71
People vs. Ventura, 4 SCRA 208
72
Ynot vs. Intermediate Appellate Court, 148 SCRA 659
73
Department of Education, Culture and Sports vs. San Diego, 180 SCRA 533
74
Beltran vs. Secretary of Health, 476 SCRA 160
c.Requiring the grant of a twenty per cent discount to senior citizens in the purchase of medicines.
75
d.Prohibiting those taking licensure examinations from attending review classes starting three days before every
examination and until the examination day.
76
a.Requiring theaters to charge children who are not more than twelve years old only one-half of the admission
fee.
77
b.Prohibition of motorcycles on limited access highways.
78
c.Requiring corporations to pay two per cent of their gross income as income tax if they have no taxable income.
79
d.Requiring a withholding tax be based on the gross selling price in the case of sale of real property which is not a
capital asset rather than on the net income.
80
6.One of these statements regarding the requirements of due process is not correct:
a.A law must be reasonable.
81
b.A law must not be vague.
82
c.A law must not be overbroad.
83
d.A law can be effective immediately upon approval even if it has not yet been published.
84
a.A law is vague when it lacks comprehensible standards that men of common intelligence must necessarily guess
at its meaning and differ in its application.
85
b.To avoid vagueness, a law need not define every word used in it.
86
c.The Anti-Plunder Law is not vague.
87
d.Batas Pambansa Bldg. 33, as amended, which penalizes illegal trading in petroleum products is vague.
88
a.The provision of the Anti-Graft and Corrupt Practices Act penalizing a public officer who gives a private party any
unwarranted benefits is not vague.
89
b.The provision of the Anti-Graft and Corrupt Practices Act penalizing a public officer who enters into a contract
which is manifestly and grossly disadvantageous to the government is not vague.
90
c.The provision of the Anti-Graft and Corrupt Practices Act penalizing a relative of the President who intervenes in a
government contract is not vague.
91
d.Article 202 of the Revised Penal Code, which penalizes any person found loitering about public or semi-public
places or wandering without visible means of support is vague.
92
a.Republic Act No. 1379, which provides for the forfeiture of the unlawfully acquired property of public officers, is
not vague.
93
b.The Public Assembly Act is not vague.
94
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75
Carlos Superdrug Corporation vs. Department of Social Welfare and Development, 526 SCRA 130
76
Lupangco vs. Court of Appeals, 160 SCRA 848
77
Balacuit vs. Court of First Instance of Agusan del Norte, 163 SCRA 162
78
Mirasol vs. Department of Public Works and Highways, 490 SCRA 318
79
Chamber of Real Estate vs. Builders Association, Inc. vs. Romulo 614 SCRA 605
80
Ibid
81
Corona vs. United Harbor Pilots Association, 283 SCRA 31
82
Estrada vs. Sandiganbayan, 369 SCRA 394
83
Ibid
84
Taada, 146 SCRA 446
85
Estrada vs. Sandiganbayan, 369 SCRA 394
86
Ibid
87
Ibid
88
Perez vs. LPG Refillers Association of the Philippines, Inc. 531 SCRA 431
89
Gallego vs. Sandiganbayan, 115 SCRA 793.
90
Dans vs. People, 285 SCRA 504
91
Romualdez vs. Sandiganbayan, 435 SCRA 371
92
People vs. Siton, 600 SCRA 476
93
Ong vs. Sandiganbayan, 470 SCRA 7
94
Bayan vs. Ermita, 488 SCRA 226
c.The provision of the Revised Securities Code penalizing insider trading is not vague.
95
d.The provision of the Labor Code penalizing the illegal recruitment and placement of workers is vague.
96
a.A law is overbroad if it offends the constitutional principle that a governmental purpose to control or prevent
activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily
broadly and thereby invade the area of protected freedom.
97
b.Prohibiting the posting on motor vehicles of stickers supporting certain candidates is overbroad.
98
c.Prohibiting a candidate from allowing his image or name to be used in advertisements before the start of the
campaign period is not overbroad.
99
d.An ordinance requiring all buses to pick up and drop off passengers only at a bus terminal operated by someone
authorized by a city is not overbroad.
a.The provision of Labor Code penalizing illegal recruitment and placement of workers is not overbroad.
100
b.An ordinance requiring the closure in a certain district of business establishments in which women are employed
for entertainment is overbroad.
101
c.An order requiring bus companies to close their terminals in Metropolitan Manila and to use the bus parking
terminal areas of the authority issuing the order is not overbroad.
102

d.An ordinance prohibiting hotels, motels, inns and lodging houses from renting out a room more than twice a day
is overbroad.
103
12.One of this is not a standard for the judicial review of laws on grounds of substantive due process.
a.Laws dealing with fundamental rights, such as freedom of speech, suffrage, the political process , and judicial
access should be strictly scrutinized to determine the quality and the amount of governmental interest brought
to justify the regulation. The governmental interest must be compelling and there is no less restrictive means
for achieving that interest.
104
b.The rational basis standard is used for the review of economic legislation. Laws are upheld if they rationally
further a legitimate governmental interest.
105
c.Under the intermediate review standard, governmental interest is extensively examined and the availability of less
restrictive measures is considered.
106
d.Under the balancing-of-interest standard, the court should consider the fundamental right and the regulation to
determine which one should be given greater protection.
107
a.The right to privacy does not bar the adoption of a reasonable identification card system by government
entities.
108
b.Requiring mandatory, random and suspicionless drug testing of students is constitutional.
109

c.Requiring random drug testing of employees of government and private offices is constitutional.
110
d.Requiring the drug testing of all persons charged with a criminal offense punishable by imprisonment of at least
six years and one day is constitutional.
111

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95
Securities and Exchange Commission vs. Interport Resource Corporation, 567 SCRA 354
96
People vs. Dela Piedra, 350 SCRA 163
97
Adiong vs. Commission on Elections, 207 SCRA 712
98
Ibid
99
Chavez vs. Commission on Elections, 437 SCRA 415; Lucena Ground Central Terminal, Inc. vs. JAC Liner, Inc., 452 SCRA 174
100
People vs. Dela Peidre, 350 SCRA 163
101
City of Manila vs. Laguio, 455 SCRA 308
102
Metropolitan Manila Development Authority vs. Viron Transportation Company, Inc. 530 SCRA 341
103
White Light Corporation vs. City of Manila, 576 SCRA 416
104
White Light Corporation vs. City of Manila, 576 SCRA 916
105
Ibid
106
Ibid
107

108
Kilusang Mayo Uno vs. Director General, National Economic Development Authority, 487 SCRA 623
109
Social Justice Society vs. Dangerous Drugs Board, 570 SCRA 410
110
Ibid
111
Ibid
a.Compulsory DNA testing to determine paternity in a case is valid.
112
b.The investigation in aid of legislation of the officers of a sequestered corporation because of alleged anomalies
does not violate their right to privacy.
113
c.The right to privacy cannot bar legislative investigation into the regulation of banking transactions.
114
d.Government agencies can invoke the right to privacy.
115

D.Equal Protection

a.Equal protection means that all persons or things similarly situated must be treated alike both in the privileges
conferred and the obligations imposed.
116
b.A law which treats similarly persons or things which are differently situated violates equal protection.
117
c.For a law to violate the equal protection clause, it is not enough that it permits inequality in its application but must
on its face deny equal protection.
118
d.For a classification in a law to satisfy equal protection, it must comply with the following requirements: 1) it must
rest on substantial distinctions; 2) it must be germane to the purposes of the law; 3) it must not be limited to
existing conditions; and 4) it must apply equally to all members of the same class.
119
2.There is no valid classification in the law in one of these cases:
a.Taxing salaried employees on the basis of gross income while taxing professionals and businessmen on the basis
of net income.
120
b.Requiring only those who want to enroll for the medical course to pass a national admission test.
121
c.Prohibiting lawyers who are members of local legislatures from handling cases against their own local
government units without imposing a similar prohibition on other professionals who are members of local
legislatures.
122
d.Allowing the indefinite preventive suspension of public officers charged under the Anti-Graft and Corrupt Practices
Act.
123
a.Providing for preventive suspension until the termination of the criminal case if the accused is a police officer and
the penalty exceeds imprisonment for six years.
124
b.Denying the Judiciary the franking privilege.
125
c.Granting death benefits to Filipino seamen working abroad without granting the same benefits to Filipino land-
based workers abroad.
126
d.Requiring radio and television stations to give free time for political advertisements without requiring newspapers
to give free space for political advertisements.
127

a.Cancelling the mortgages constituted to secure the payment of the loans obtained from private entities.
128
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112
Agustin vs. Court of Appeals, 460 SCRA 315
113
Sabio vs. Gordon, 504 SCRA 704
114
Standard Chartered Bank vs. Senate Committee on Banks, Financial Institutions and Currencies, 541 SCRA 456
115
Valmonte vs. Belmonte, 170 SCRA 256
116
117
Ibid
118
People vs. Vera, 65 Phil. 56
119
People vs. Cayat, 68 Phil. 12
120
Sison vs. Ancheta, 130 SCRA 654
121
Department of Education Culture and Sports vs. San Diego, 180 SCRA 533
122
Javellana vs. Department of Interior and Local Government, 212 SCRA 475
123
Layno vs. Sandiganbayan, 136 SCRA 536
124
Himagan vs. People, 237 SCRA 538
125
Philippine Judges Association vs. Prado, 227 SCRA 703
126
Conference of Maritime Manning Agencies, Inc. va. Philippine Overseas Employment Administration, 243 SCRA 666
127
Telecommunication and Broadcast Attorneys of the Philippine, Inc. vs. Commission on Election, 289 SCRA 337
128
b.Requiring the transfer every four years of the election officers assigned to cities or municipalities without imposing
the same requirement on other employees of the Commission on Elections.
129
c.Allowing local government units to grant allowances to national government officials assigned to them but
excluding auditors.
130
d.Considering appointive officials as resigned upon filing of their certificates of candidacy while allowing elective
officials to run for another elective office without forfeiting their office.
131
5.There is no valid classification in one of these cases:
a.Disqualifying the surviving spouse of a retired member of the Government Service Insurance System from
receiving a pension if they were married within three years before his retirement.
132
b.Prohibiting rallies within 200 meters from courthouses when there is no similar prohibition in the case of offices in
the Legislative and Executive Departments.
133
c.Banning motorcycles from limited access to highways while allowing other forms of transportation.
134
d.Authorizing the Office of the Ombudsman to place an elective official facing on administrative under preventive
suspension for six months when under the Local Government Code the duration of the preventive suspension
is sixty days.
135
6.There is no valid classification in one of these cases:
a.Prohibiting business establishments which employ women as entertainers within a district of a city but allowing it
elsewhere.
136
b.Providing for a system of reward to employees of the Bureau of Internal Revenue and the Bureau of Customs if
they exceed their revenue goals without applying it to other governmental employees.
137
c.Penalizing as vagrancy loitering about public places or wandering about the country or the streets without visible
means of support.
138
d.Basing the creditable withholding tax on the sale of real estate by real estate dealers on the gross selling price
without imposing the same formula.on manufacturers of goods.
139
a.An ordinance which imposes a tax on a sugar central specified in it violates equal protection.
140
b.It is valid for a law to exempt the officers of the Bangko Sentral ng Pilipinas from the Salary Standardization Law
while subjecting the rank-and-file employees to it.
141
c.A law which makes a valid classification at one time may become unconstitutional at another time because of
altered circumstances.
142
d.For a law to comply with the equal protection clause, it must cover all other matters which could have been
covered by it.
143
E.Searches and Seizures
a.The Bill of Rights does not prohibit all arrests, searches, and seizures but only those which are unreasonable.
144
b.All illegal arrests, searches and seizures are unreasonable while lawful ones are reasonable.
145
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129
De Guzman vs. Commission on Elections, 336 SCRA 191
130
Villarea vs. Commission on Audit, 408 SCRA 455
131
Farias vs. Executive Secretary, 417 SCRA 503
132
Government Service Insurance System vs. Montesclaro, 434 SCRA 441
133
In re Valmonte, 296 SCRA xi
134
Mirasol vs. Department of Public Works and Highways, 490 SCRA 318
135
Miranda vs. Sandiganbayan, 464 SCRA 465
136
City of Manila vs. Laguio, 478 SCRA 974
137
Abakada Guro Party List vs. Purisima, 562 SCRA 261
138
People vs. Siton, 600 SCRA 476
139
Chamber of Real Estate and Builders Association, Inc. vs. Romulo, 614 SCRA 605
140
Ormoc Sugar Company, Inc. vs. Treasurer of Ormoc City, 22 SCRA 603
141
Central Bank Employees Association, Inc. vs. Bangko Sentral ng Pilipinas, 446 SCRA 299
142
Ibid
143
Bautista vs. Juinio, 127 SCRA 329
144
Rodriguez vs. Villamiel, 65 Phil. 230
145
Ibid
c.Picking up the dried marijuana leaves which spilled on the street from the bag of a drug dealer is unlawful if there
was no search warrant.
146
d.For a warrant to be valid, the following requisites must concur: 1) it must be issued upon probable cause; 2) the
probable cause must be personally determined by the judge; 3) in the determination of the probable cause,
the judge must examine under oath or affirmation the complainant and his witnesses; and 4) the warrant must
particularly describe the place to be searched and the persons or things to be seized.
147
a.With respect to a search warrant, probable cause means such facts and circumstances which will lead a
reasonably discreet and prudent man to believe that an offense has been committed and that the objects
sought in connection with it are in the place sought to be searched.
148
b.With respect to warrants of arrest, probable cause means that sufficient facts must be presented to the judge
issuing the warrant to convince him that there is probable cause for believing that the person whose arrest is
sought committed the crime charged.
149
c.Probable cause does not require proof beyond reasonable doubt.
150
d.Suspicion constitutes probable cause.
151
a.There is no probable cause to arrest a person who is carrying a bag for illegal possession of regulated drugs if
there is nothing to indicate their presence from external appearances.
152
b.A tip from an informer is sufficient to give rise to probable cause.
153
c.Statements which do not clearly indicate the offense supposed to have been committed do not establish probable
cause.
154
d.A statement that a newspaper is publishing materials whose publication constitutes an offense without specifying
the materials does not show probable cause.
155

a.A judge should not rely solely on the certification of the prosecutor as to the probable guilt of the accused but
should make his own personal determination of probable cause by examining the resolution of the prosecutor
and the supporting evidence.
156
b.The Commissioner of Immigration cannot issue a warrant of arrest against an alien facing a deportation case.
157
c.The Commissioner of Immigration can issue a warrant for the arrest of an alien against whom there is a final order
of deportation.
158
d.A judge should conduct a searching examination of the witnesses before issuing a warrant of arrest.
159
a.Hearsay evidence is not sufficient to show probable cause.
160

b.Even if a police officer had no personal knowledge of a crime but he acquired personal knowledge in the course
of his investigation, the issuance of a search warrant can be based on his testimony.
161
c.The examination of the witnesses need not be like the examination of a witness in a court trial.
162
d.A judge may examine the witnesses by asking them leading questions.
163
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146
People vs. Alfonso, 219 SCRA 102
147
Section 2, Article III of the Constitution
148
Burgos vs. Chief of Staff, 133 SCRA 306
149
United States vs. Grant, 18 Phil. 122
150
Algas vs. Garredo, 61 SCRA 62
151
Alih vs, Castro, 151 SCRA 279
152
People vs. Aminnudin, 163 SCRA 402
153
People vs. Racho, 612 SCRA 633
154
Marcelo vs. De Guzman, 114 SCRA 637
155
Burgos vs. Chief of Staff, 133 SCRA 800
156
Lim vs. Felix, 247 SCRA 632
157
Neria vs. Vivo, 295 SCRA 299
158
Ang Ngo Chiong vs. Galano, 67 SCRA 338
159
Webb vs. De Leon, 247 SCRA 632
160
Borlongan vs. Pea, 620 SCRA 106
161
Yu vs. Honrado, 99 SCRA 273
162
Hercules Bottling Company vs. Savellano, CA-G.R. No. 09153-R, February 29. 1980
163
People vs. De los Reyes, 441 SCRA 305
a.The test of the sufficiency of the description in a warrant whether it will permit the arrest of the wrong person or
the seizure of the wrong property.
164
b. A search warrant ordering the seizure of the documents and papers showing all business transactions of a
corporation is a general warrant.
165

c.A search warrant for the seizure of prohibited drugs which did not specify the quantity is not valid.
166

d.The seizure of unlicensed firearms by virtue of a search warrant for unlicensed firearms is valid, even if it did not
contain a technical description, if the items seized belong to the same kind and nature as those described in the
search warrant.
167

a.The description of the articles to be seized in a search warrant is valid if it is as specific as the circumstances will
ordinarily allow.
168
b.The search of a residence which police officers had in mind when the search warrant authorized them to search
another residence, because they mistakenly gave a different address is illegal.
169
c.If the name of the owner of the residence which a search warrant authorized to be searched is erroneous, the
search is illegal.
170
d.A search warrant which authorized the search of a residence without giving its address is not valid.
171
a.A warrant for the arrest of an unknown person who was given the fictitious name John Doe is valid if it contains a
sufficient description to identify him, such as his appearance, peculiarities, occupation and residence.
172
b.The inclusion of the diskettes in seizure pursuant to a search warrant for a computer is valid.
173
c.A warrant for the arrest of the accused in which his first name is erroneous is void.
174
d.A search warrant which contains a general description of the documents and records to be seized and a particular
description namely, unregistered delivery receipts and unregistered purchases and sales invoices is partially
valid.
175
9.A warrantless search and seizure is invalid in one of the following instances:
a.It is incidental to a lawful arrest.
b.The thing seized is a prohibited article found in plain view.
c.The article seized is a moving vehicle.
d.The owner did not object.
10.A warrantless search and seizure is valid in the following instances:
a.It involved a search at borders or ports of entry.
b.It was made to enforce the customs law.
c.A private residence was searched to determine if it is complying with police regulations.
d.It was made pursuant to a stop-and-frisk procedure.
a.For a warrantless search and seizure to be valid, the arrest must be lawful.
b.The search conducted by a police officer who joined the police officers serving a warrant of arrest for the purpose
of making a search is lawful.
c.A warrantless search preceding the arrest is not incidental to a lawful arrest,
d.A warrantless search thirty minutes after the arrest is not incidental to a lawful arrest.
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164
Secretary of Justice vs. Marcos, 76 SCRA 301
165
Stonehill vs. Diokno, 20 SCRA 383
166
People vs. Tee, 395 SCRA 419
167
Al-Ghoul vs. Court of Appeals, 364 SCRA 363
168
Al-Ghoul vs. Court of Appeals, 364 SCRA 363
169
People vs. Court of Appeals, 291 SCRA 100
170
People vs. Tiu Won Chua, 405 SCRA 280
171
People vs. Simbahon, 401 SCRA 94
172
People vs. Veloso, 48 Phil 169
173
People vs. Burgos, 200 SCRA 62
174
People vs. Martinez, 235 SCRA 171
175
Uy vs. Bureau of Internal Revenue, 344 SCRA 36
a.A warrantless search substantially contemporaneous with the arrest can precede the arrest if there is probable
cause to make the arrest at the outset of the arrest.
b.A warrantless search can be made on the basis of reliable information.
c.A warrantless search must be limited to the area within which the person being arrested could reach for a weapon
or destroy evidence.
d.The warrantless search of the house of the person arrested for possession of marijuana outside his house is
unlawful.
a.The warrantless seizure of the envelopes inside the bag of a mailman who was caught handing over the bag to
his co-conspirator to steal it is unlawful.
b.The warrantless seizure of money delivered as a bribe to a judge while he was being arrested is lawful.
c.The warrantless seizure of a magazine of ammunition protruding from the back pocket of the person being
arrested is lawful.
d.The warrantless seizure of marijuana in the pocket of a person arrested while selling marijuana is lawful.
14.The requisites for the lawful warrantless seizure of a prohibited article are the following:
a.There was a prior valid intrusion based on a valid warrantless arrest.
b.The evidence was inadvertently discovered.
c.The evidence must be immediately apparent.
d.The possessor was immediately arrested.
a.A notebook containing names and addresses suspected to be buyers of marijuana which was not mentioned in a
warrant for the seizure of marijuana cannot be seized.
b.A police officer who found the marijuana he was authorized to seize by virtue of a search warrant cannot seize an
unlicensed firearm after he continued searching,
c.Police officers who saw a marijuana plantation can immediately seize the marijuana plants without the need for a
search warrant.
d.The seizure of unlicensed firearms by police officers serving a warrant for their seizure is unlawful if it turned out
that the search warrant was unlawful for lack of examination of the witnesses by the judge.
16, One of these statements is not correct:
a.A truck which was hauling illegally cut timber can be seized without need of a search warrant.
b.The car which was used by killers to escape and which was abandoned can be seized without need of a search
warrant.
c.Checkpoints can be set up if there is an exigency that justifies them.
d.Checkpoints can be set up during the period that the bringing of guns was banned because of the election.
a.The search of vehicles at a checkpoint should be limited to a visual inspection of them.
b.The trunk of a car cannot be opened at a checkpoint to determine if there are unlicensed firearms inside it.
c.The bag of the driver of a motorcycle who breached a checkpoint, misrepresented himself as an army officer, and
refused to say what was inside his bag can be searched.
d.A car can be seized without a warrant for violating a traffic regulation.
a.A homeowner who remained silent when his home was searched without a warrant did not waive his right against
warrantless search.
b.To be valid, the waiver of the right against warrantless searches must be in writing and made with assistance of
counsel.
c.A household helper cannot allow a police officer to search the house without a search warrant.
d.If police officers whom the homeowner allowed to enter his house to pursue robbers, searched the house and,
inadvertently found an unlicensed firearm, they can seize the unlicensed firearm.
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a.Routinary searches may be made at boundaries and ports of entry to enforce the laws pertaining to national
security, immigration, tariff and customs, and quarantine.
b.Probable cause is required before the luggage of a passenger can be opened by customs examiner at a port.
c.Smuggled items being sold at a store can be seized without need of a search warrant.
d.Smuggled items cannot be seized inside a residential house without a search warrant.
a.The warrantless seizure of an unlicensed firearm inside a bag of someone who was acting suspiciously and who
tried to flee when police officers approached is valid under the stop-and frisk rule.
b.The warrantless seizure of a hand grenade tucked inside the waistline of someone because his eyes were
moving very fast is valid under the stop-and-frisk rule.
c.The Optical Media Board can conduct an administrative search of a business establishment licensed to engage in
the replication of optical media, in the exercise of police power.
d.The warrantless search and seizure of persons inside a house by soldiers after they had earlier been fired upon
from the house during an ongoing coup detat when the courts were closed, is valid because of exigency.
a.A private citizen inside a restaurant who heard the sound of a motor vehicle hitting someone, went out of the
restaurant, and saw a motor vehicle driving away and the victim lying on the ground can arrest the driver
without need of a warrant.
b.The complainant in a criminal case can arrest the offender if he knows that a warrant for the arrest of the offender
had been issued and he saw the offender fleeing.
c.A private person can make an arrest without a warrant if a crime has just been committed and he has probable
cause based on his personal knowledge of the facts that the person to be arrested committed it.
d.A private person can arrest without a warrant a prisoner who escaped from jail while his case is pending.
a.A police officer who arrived at the scene of a shooting and saw a dead person after the killer had fled and was
informed by eyewitnesses of the identity of the killer, can arrest him without a warrant if he saw the killer
afterwards.
b.A police officer who arrived at the scene of a crime and saw a dead person and the killer, but failed to catch up
with the fleeing killer cannot arrest him without need of a warrant if the police officer sees him two days later.
c.Police officers to whom the passengers of a jeepney reported that they had just been robbed and who cruised in
their patrol car to look for the robbers can arrest them without a warrant if one of the victims was with them and
the victim identified the stolen articles in the possession of the robbers.
d.A police officer who saw a dead person at the scene of a crime, who was told by the eyewitnesses that the person
fleeing while holding a gun shot the victim, and who caught up with him can arrest him without the need of a
warrant.
23. One of these statements is not correct.
a.A person who was illegally arrested cannot be released if in the meanwhile a warrant was issued for his arrest.
b.A person who was illegally arrested waives the right to question the illegality of his arrest if he enters a plea
during arraignment.
c.A person who was illegally arrested waives the right to question the illegality of his arrest if he posts bail.
d.Even if the accused was illegally arrested, he can be convicted if his guilt was proven beyond reasonable doubt.
24. One of these statements is incorrect:
a.If a freight forwarder to whom boxes were delivered by a customer to be shipped abroad, opened them without a
search warrant, saw that they contained marijuana leaves, and turned over the marijuana leaves to police
authorities, the marijuana leaves can be used as evidence against the customer.
b.If an unlicensed firearm was seized by virtue of a search warrant issued without examination of the witnesses, the
unlicensed firearm is inadmissible in evidence.
c.If a letter written by a kidnapper was illegally seized and because of its contents, the place where he hid the
ransom money was discovered, the ransom money is admissible in evidence.
d.If a knife which the accused used to kill his victim was illegally seized, the court should order its return to
accused.
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a.If the accused was charged with illegal possession of an unlicensed firearm and the firearm was illegally seized, it
should be returned to the accused.
b.If the accused waived the right to question the illegality of his arrest for selling marijuana, he also waived his right
to object to the admissibility in evidence of the marijuana seized during his arrest.
c.If the lawyer of the accused charged with illegal possession of marijuana did not object when it was offered in
evidence, the marijuana is admissible in evidence.
d.If a robber stole a cellular telephone and sold it to a fence, the cellular telephone was illegally seized from the
store of the fence, and the robber was charged with robbery, the cellular telephone is admissible as evidence
against him.
F.Privacy of Communication
a.The privacy of communication can be impaired upon lawful order of the court.
b.The privacy of communication can be impaired by the executive because of public safety or order without need of
a law.
c.Incoming and outgoing letters of prisoners can be inspected by the prison authorities in the interest of security
and discipline.
d.Prison authorities can inspect letters between prisoners and their lawyers only to determine if they are
communications between them but cannot read their contents.
G.Freedom of Speech and of the Press and Right of Peaceful Assembly

a.Freedom of expression stands on a higher level than substantial economic freedom or other liberties.
b.Freedom of expression prohibits prior restraint, official governmental restriction on forms of expression in advance
of publication or dissemination.
c.Motion pictures can be required to be reviewed by a board before they can be allowed for public viewing.
d.The Commission on Elections can prohibit the posting of stickers on moving vehicles which express the support
of the owners for certain candidates.
a.Freedom of expression includes freedom from punishment subsequent to publication of opinions on public issues.
b.The law can punish obscene, seditious, and libelous writings.
c.A facial challenge seeks an examination of an entire law, pinpointing its flaws and defects, not only on the basis of
its actual operations to the parties but on the assumption that its very existence may cause others not before
the court to refrain from constitutionally protected speech or activity because it is overbroad.
d.The scope of freedom of expression of the broadcast media has the same scope as the freedom of expression of
the print media.
a.The exercise of freedom of speech should not be allowed if the audience is hostile.
b.Under the dangerous tendency test, speech may be punished if there is a rational connection between the
speech and the substantive evil which the law seeks to prevent.
c.Under the clear and present danger test, the evil consequences sought to be prevented must be extremely
serious and its imminence must be extremely high.
d.Under the balancing-of-interests test, conflicting social values and individual interests should be weighed, such
as, the social value and importance of the freedom restricted by law and the value and importance of the public
interest sought to be protected.
a.Freedom of the press includes freedom of access to information.
b.Freedom of the press includes freedom of circulation.
c.Freedom of expression is protected even if it involves a commercial activity for monetary profit.
d.Freedom of press prohibits subjecting the print media to the value added tax.
a.When a restraint on freedom of speech is content-based, its validity must be given the strictest scrutiny.
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b.When a restraint on freedom of speech is content-based, its validity should be subjected to the clear and present
danger test.
c.When a restraint on freedom of speech is content-based, it must be justified by a compelling government interest
and the restriction must not be overbroad or vague.
d.The validity of a law prohibiting the publication of the results of poll survey, four days before the election must be
subjected to strictest scrutiny.
a.When a restraint on freedom of speech is content-neutral, but it controls merely the time, place, or manner should
be tested by an intermediate approach.
b.The elements of the intermediate approach are inclusion of the regulation under the constitutional power of the
government, substantial governmental interest, absence of relation between the two, and limitation of the
restriction to what is essential.
c.The difference in the treatment of the scope of the freedom of expression of broadcast media and the print media
is due to the accessibility of the broadcast media to children.
d.The clear and present test does not apply equally to the broadcast media and the print media.
a.The right to peaceably assemble and to petition for redress of grievances enjoys primacy in constitutional
protection.
b.A permit fior a public assembly can only be denied on the ground of clear and present danger to public order,
public safety, public convenience, public morals or public health.
c.The permit for a peaceable assembly may reasonably designate a different place or time from what was applied
for.
d.The requirement that an assembly must be held for a lawful cause makes the regulation of public assembly
content-based.

a.For a defamatory false statement against a public official relating to his official conduct to be libelous, it must be
made with knowledge that it was false or with reckless disregard of whether it was false or not.
b.The foregoing does not apply to someone who is not a public official.
c.Symbolic speech, which involves actions, is protected by freedom of speech.
d.Vulgar and grossly offensive words are protected by freedom of speech.
9.The following are the guidelines for determining if a work is obscene:

a.Whether the average person, applying contemporary standards, will find the work, taken as a whole, appeals to
prurient interest.
b.Whether the work depicts sexual conduct in a patently offensive way.
c.Whether the works, taken as a whole, lacks serious literary, artistic, political or scientific value.
d.Whether the work is not suitable for minors.
H.Freedom of Religion
A.Prohibition against Establishment of Religion
a.A law requiring employers to give employees a day of rest once a week if it is required to coincide with the day
preferred by the employee for religious reasons is not valid.
b.A law providing that a closed shop provision in a collective bargaining agreement shall not apply to employees
who are members of religious sects which prohibit them from joining labor unions is valid.
c.The expenditure of public funds for a legitimate secular purpose is constitutional even if it might incidentally
benefit a religious sect.
d.The government may extend financial assistance to sectarian schools if it has a seculiar legislative purpose, it
neither advances not inhibits religion, and it does not result in excessive governmental entanglement with
religion.
B.Freedom of Religion

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a. Religious sects cannot be required to get a mayors permit to sell Bibles.
b.The sale of religious articles can be made subject to the value added tax.
c.A student in a public school can be dismissed for refusing to take part in the flag ceremony for religious reasons.
d.The video tapes of the television programs of a religious sect cannot be disapproved for criticizing other religions.
a.The courts can review if the invocation of religious freedom is being made in good faith or not.
b.The dismissal of a religious minister for alleged misappropriation of funds can be questioned before the National
Labor Relations Commission.
c.The expulsion of a member of a religious sect for breach of discipline can be questioned in court.
d.Strict scrutiny of compelling state interest is the test that should be adopted in case of conflict between freedom of
religion and police power in accordance with the benevolent neutrality accommodation approach.
3.One of these is not a question in the strict scrutiny test of compelling state interest:
a.Has the law created a burden on the free exercise of religion?
b.Is there a sufficiently compelling interest to justify the infringement of religious freedom?
c.Has the state used the least intrusive means?
d.Is the governmental interest unrelated to the infringement of freedom of religion?
I.Liberty of Abode and Right to Travel
A.Liberty of Abode
a.Liberty of abode can be impaired only within the limits prescribed by law.
b.A lawful court order is required to impair liberty of abode.
c.The guarantee of liberty of abode does not prohibit hamletting.
d.A court order requiring the accused to notify it before transferring his residence during the pendency of his case is
valid.
B.Right to Travel
a.The right to travel of a Filipino citizen does not include the right to return to the Philippines.
b.The President can impair the right to travel even without an enabling law because of his duty to protect the
people, to maintain peace and order, and to promote their general welfare.
c.An executive officer authorized by law can impair the liberty to travel in the interest of national security, public
safety or public health without the need of a court order.
d.The grounds of national security, public safety and public interest for impairment of the right to travel applies to
court orders.
a.A court can order the cancellation of the passport of an accused who is abroad and must be arraigned.
b.An accused cannot ask for leave of court to go abroad to negotiate a contract.
c.The mere fact that an accused is ill entitles him to be allowed to go abroad for medical treatment.
d.Prohibiting motorcycles on limited access highways does not violate the right of its owner to travel.
J.Right to Information
a.The guarantee of the right to information on matters of public concern is self-executory.
b.Filipino citizenship gives a party standing and personal interest to invoke the right to information.
c.The right to information guarantees access to official records and also the rights to be given a list of borrowers of
government financial institutions.
d.The right of access to official records extends to government-owned or controlled corporation.

2.One of these is not covered by the right to information:
a.Eligibility of appointees in the civil service.
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b.Government contracts.
c.Negotiations for settlement of a sequestration case.
d.Recommendations and communications during the exploratory stage for settlement of a sequestration case.
3.One of these is not covered by the right to information:
a.Government contracts.
b.Negotiations leading to a government contract.
c.Names of the nominees of a party list group.
d.Questions and answers used in a licensure examination.
4. One of these is not covered by the right to information:
a.Negotiations for agreement with the Moro Islamic Liberation Front.
b.Diplomatic negotiations.
c.Court decisions.
d.Source code of the automated election.
a.Matters involving national security are not covered by the right to information.
b.Pleadings and other documents filed by parties to a case are not necessarily covered by the right to information.
c.A plaintiff who sued the deceased for damages has no right to examine the inventory of assets filed in the
proceeding to settle the estate of the deceased.
d.Government agencies may regulate the manner of inspection of government records.
K.Right to Form Associations

a.The right to form associations is limited by police power.
b. Government employees can form labor unions but are not allowed to go on strike.
c.Managerial employees may be prohibited from forming labor unions.
d. It is unconstitutional to prohibit political parties from participating in barangay elections.

L.The Power of Eminent Domain
a.The power of eminent domain can be delegated by a law granting general authority to expropriate private
property.
b.The power of eminent domain can be delegated to public utilities.
c.The power of eminent domain cannot be delegated to mining companies.
d.The courts can review if an authority given the power of eminent domain is acting within its scope.
a.The courts can review the public purpose of the expropriation.
b.The courts can review the necessity of the taking.
c.The courts can review the choice of the property to be expropriated.
d.A parcel of commercial land can be expropriated for socialized housing.
3.One of these is not an element of taking:
a.There must be an entry into private property.
b.The entry must be permanent and not merely momentary.
c.The entry should be under warrant of legal authority.
d.The owner need not be deprived of the beneficial enjoyment of the property.
4.One of this is not taking:
a.An action for right of way for the construction of towers for electric transmission wires.
b.Requiring the print media to give free space for political advertisements.
c.Requiring memorial parks to set aside a portion of their area for burial of the poor.
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d.The destruction of a house falling into decay.
5.One of these is not taking:
a.Requiring shopping centers to provide parking spaces to customers for free.
b.Limiting wholesome properties like recreational establishments to a use which cannot reasonably be made of
them.
c.Prohibiting the construction of all kinds of structures on a parcel of land.
d.Destruction of properties to prevent the spread of fire.
6.One of these is not taking for public purpose:
a.Socialized housing.
b.Agrarian reform.
c.Tourist resort.
d.Recreational facilities for a private subdivision.
7.One of these is not correct:
a.Just compensation refers to the fair market value of the property sought to be expropriated at the time of its
taking.
b.The presidential decree conclusively fixing the just compensation at the market value declared by the owner or
determined by the assessor, whichever is lower, is void.
c.The law authorizing the Department of Agrarian Reform to determine the just compensation for land being
expropriated but subject to judicial is valid.
d.Making the just compensation for agrarian reform partially in the form of bonds is unconstitutional,
a.The right of the owner of a parcel of land which was taken for public use without filing an expropriation case to
sue for just compensation prescribes in ten years.
b.The owner of the property expropriated is entitled to an award of legal interest in case of delay in the payment of
just compensation.
c.The owner of the property expropriated can recover the property if the government fails to pay just compensation
within five years from finality of the judgment in the expropriation case.
d.If the purpose for which the property was expropriated was abandoned, the owner can ask for its return.
M.Prohibition against Impairment of the Obligation of Contracts
a.A law impairs the obligations of a contract if it changes its terms between the parties, either in the time or mode of
performance, imposes new conditions, dispenses with those expressed, or authorizes for its satisfaction
something different from that provided in its terms.
b.Timber licensing agreements are not contracts but licenses and can be cancelled when so required by national
interest.
c.Mining agreements are licenses and can be cancelled when so required by national interest.
d.Remedies for enforcement of contracts cannot be repealed retroactively.
a.A law regulating the procedure for cancellation of existing contracts is valid.
b.A law cancelling the mortgage over the properties of the debtor of banks is unconstitutional.
c.A conservator of a bank can cancel valid contracts entered into by the bank because of his power to revoke any
action of the management.
d.The provisions of existing laws which are pertinent to a contract are deemed incorporated into the contract.
3.One of these statements is incorrect:
a.The value added tax can be extended to existing contracts because the reservation of the power of taxation is
deemed incorporated in contracts.
b.A tax exemption conferred by law can be repealed, but the repeal cannot be applied to existing contracts.
c.The prohibition against the impairment of the obligations of contracts is subject to the police power of the State.
d.The prohibition against the impairment of the obligations of contracts is subject to the social justice provision in
the Constitution.
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a.A zoning ordinance reclassifying an area as industrial prevails over a contractual provision in the sales contracts
limiting the use of the lots to residential purposes.
b.A law prohibiting the sale of blood to commercial blood banks by requiring the closure of commercial blood banks.
c.A law requiring the buyer at the foreclosure sale of lots mortgaged by a real estate developer to deliver to lot
buyers who have fully paid their titles even if the buyer at the foreclosure sale has not been fully paid for the
total debt is unconstitutional.
d.A law authorizing lot buyers on installment basis to suspend payment if the real estate developer failed to develop
the subdivision can be applied retroactively.
N.Rights during Investigations
1.The rights during investigations apply to one of these:
a.Statements made as part of the res gestae.
b.An admission volunteered without being interrogated.
c.An admission made to a private party.
d.An admission made to a newspaper reporter who was cooperating with a police investigator.
a.Filling up of official forms by an accountable officer during an audit.
b.Participation in a police line-up.
c.Participation in a police line-up after police investigation has started.
d.Photographing of the suspect.
a.Removal of incriminating personal items from a suspect.
b.Subjecting the hands of a suspect to ultra-violet radiation.
c.Re-enactment of the commission of a crime.
d.Administrative investigation.
4.The rights during investigations do not apply to one of these.
a.Preliminary investigation.
b.Signing a document stating that the articles constituting evidence of the commission of a crime were taken from
the subject.
c.Signing by a postman of the mail matters he stole.
d.Removal of hair strands from a suspect for forensic examination.
5.The rights during investigation are not applicable in one of these:
a.When the investigation ceases to be a general inquiry upon an unsolved crime and begins to focus on a particular
suspect.
b.When a police investigator asks a person under custody if he knew who committed a crime.
c.When police investigators investigating a killing asked several laborers in a construction site where they were at a
certain time.
d.When money stolen by a suspect is taken from his house.
6.One of these is not required to be included in the warning to be given a suspect under interrogation.
a.He has the right to remain silent.
b.If he gives a statement, it may be used as evidence against him.
c.He has the right to be assisted by a lawyer.
d.He has the right to communicate with his lawyer.
7.When a suspect being interrogated is informed of his rights under interrogation, one of these is not applicable:
a.He must be asked if he wishes to avail himself of his constitutional rights.
b.He must be asked if he had a lawyer in mind, if he wishes to be assisted by a lawyer, and if he could afford to
have such lawyer.
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c.If he wishes to be assisted by a lawyer and cannot afford to hire a lawyer, he must be asked if he will agree to be
given a lawyer.
d.He need not be informed that if he wishes to waive his constitutional rights, he must be assisted by a lawyer.
a.The lawyer assisting a suspect under investigation must explain his constitutional rights, the consequences of his
waiver of his rights, the admissibility of his confession, and the possibility of his conviction.
b.The lawyer assisting a suspect must be present during his waiver of his constitutional rights and during the entire
duration of the investigation.
c.If a suspect remains silent while his co-accused implicated him during an investigation, his silence cannot be used
against him as implied admission of guilt.
d.When an extrajudicial confession of the accused is offered in evidence against him, it is presumed that official
duty was regularly performed during the investigation.
9.The lawyer assisting a suspect under investigation is independent if he is:

a.Public prosecutor
b.Mayor
c.City attorney
d.Lawyer provided by the investigator
10.The lawyer assisting a suspect under investigation is independent if he is a:
a.Punong Barangay
b.Lawyer in the staff of the mayor
c.Lawyer regularly engaged by police investigators for suspects
d.A lawyer from the Public Attorneys Office
a.A retired government lawyer is an independent lawyer for a suspect.
b.For an extrajudicial confession to be admissible; (1) it must be voluntary; (2) it must be made with the assistance
of competent and independent counsel; (3) it must be express; and (4) it must be in writing.
c.If an extra-judicial confession is inadmissible in evidence, evidence discovered because of it is also inadmissible.
d.Extrajudicial confessions which are inadmissible in evidence against those who gave them are admissible in
evidence against their co-accused.
O.Right to Bail
a.The right to bail cannot be waived.
b.The right to bail does not apply to court martial proceedings.
c.The right to bail in extradition proceeding is not based on the Constitution.
d.The right to bail is not suspended if the privilege of the writ of habeas corpus is suspended.
a.A detained person can apply for bail even if he has not yert been charged in court.
b.The constitutional right to bail subsists even during appeal.
c. Bail may be denied if the accused is charged with an offense punishable by reclusion perpetua or a higher
penalty and the evidence of guilt is strong.
d.A Senator may be granted bail even if he is charged with an offense punishable by reclusion perpetua and the
evidence of guilt is strong if the likelihood of his escaping is almost nil.
a.If reclusion perpetua or a higher penalty is imposable in case of conviction of the accused, the prosecution need
not prove that in case of conviction that will be the penalty.
b.If no aggravating circumstance was alleged in the information and in case of conviction of the accused the
penalty will not be reclusion perpetua or higher, the accused is entitled to bail.
c.A person under 18 years of age charged under the Revised Penal Code is entitled to bail if the penalty for the
crime charged is reclusion perpetua, because his penalty in case of conviction will be one degree lower.
d.The court can require the bail of the accused to be in the form of cash.
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P.Right to Due Process
a.An administrative agency cannot be granted jurisdiction over criminal cases.
b.The live television coverage of trials should not be allowed.
c.A judge should be disqualified if massive publicity surrounded the trial of a case.
d.A judge who stated in his decision convicting the accused of arson that he burned his office to destroy the
evidence of his malversation should be disqualified to try the malversation case.
Q.Presumption of Innocence

a.A law creating a presumption of guilt is valid if the prosecution is required to prove certain facts, the inference of
guilt has a logical connection to the facts proven, and the accused is given the opportunity to rebut the
presumption.
b.A presumption that an accountable officer who failed to produce the money under his charge upon demand is
presumed to have malversed it is valid.
c.A presumption that a drawer of check which was dishonored for insufficiency of funds was aware of it when he
drew the check acted with deceit if he failed to deposit the amount to cover the check within three days from
receipt of notice is valid.
d.The presumption that the possessor of a stolen article was the fence who bought it from the thief or robber is
unconstitutional.
a.The presumption that the drawer of check which was dishonored for insufficiency of funds knew of the
insufficiency if he did not pay the holder within five days after notice of dishonor is valid.
b.The presumption that the possessor of fish caught by using illegal methods is presumed to have engaged in
illegal fishing is valid.
c.The presumption that a public officer who acquired property during his incumbency in an amount manifestly out of
proportion to his salary and other legal income acquired the property unlawfully is valid.
d.The accused who failed to testify can be presumed to be guilty.
R.Right to be Heard by Himself and Counsel
a.The accused has the right to be defended by a lawyer of his own choice.
b.The court may appoint a counsel de oficio if the accused fails to hire a lawyer of his own choice within a
reasonable period.
c.If the accused has no lawyer during the arraignment, the court should inform him of his right to counsel and wait
until he is represented by counsel before arraigning him.
d.The promulgation of decision convicting the accused is void if the lawyer of the accused was absent.
a.The accused can waive his right to counsel if he is competent to protect his rights without the assistance of
counsel.
b.The conviction of the accused should be set aside if it turned out that the person who defended him was not a
lawyer but an impostor.
c.The conviction of the accused should be set aside if the lawyer who represented him is guilty of simple negligence
in handling his defense.
d.The conviction of the accused should be set aside if the lawyer who defended him was grossly negligent.
S.Right to be Informed
1.The bases for the right to be informed does not include:
a.To enable the accused to prepare his defense.
b.To enable the accused to invoke his right against double jeopardy.
c.To enable the court to determine in case it will convict the accused that the facts alleged are sufficient to support a
conviction.
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d.To enable the accused to engage in plea bargaining.
a.The arraignment of a deaf-mute is valid even if no expert in sign language communicated to him the allegations in
the information.
b.The arraignment of an accused who is insane is not valid.
c.If the caption of the information stated that the accused was being charged of homicide but the information
contained an allegation of treachery, he can be convicted of murder.
d.The accused can be convicted of a crime different from the one charged in the information if it is included in the
crime charged.
a.An accused charged with attempted homicide can be convicted of serious physical injuries instead.
b.An accused charged with estafa by means of fraud under Article 315 of the Revised Penal Code can be convicted
instead of estafa by means of other deceits under Article 318.
c.An accused charged with highway robbery with homicide can be convicted of robbery with homicide instead.
d.An accused charged with estafa can be convicted of theft instead.
4.One of these statements is correct:
a.An accused charged with malversation cannot be convicted of estafa.
b.An accused charged separately with murder and robbery can be convicted of robbery with homicide.
c.A father charged with raping his daughter can be convicted of qualified seduction instead.
d.An accused charged with acts of lasciviousness can be convicted of attempted rape instead.
a.An accused charged with estafa for issuing a check which was dishonored for lack of funds cannot be convicted
for violation of Batas Pambansa Blg. 22 instead.
b.An accused charged with rape cannot be convicted of grave coercion instead.
c.An accused charged with falsification of a commercial document cannot be convicted of violation of Section 3 (e)
of the Anti-Graft and Corrupt Practices Act instead for causing undue injury to the Government.
d.An accused charged with falsification of a public document under Article 171 of the Revised Penal Code cannot
be convicted under Article 172 instead.

a.If an element of crime was not alleged in the information but it was proven during the trial without objection on the
part of the accused, he can be convicted of the crime charged.
b.If the method of commission of the crime proved is different from the method alleged in the information, the
accused cannot be convicted.
c.If it was proven during the trial of a rape case that the crime was committed on a date different from the date
alleged in the information, the accused can still be convicted.
d.If the information alleged only one count of rape but during the trial it was proven that the accused committed
rape twice, the accused can be convicted of only one count of rape.
a.If an information charging several accused did not contain an allegation of conspiracy, each accused can be
convicted only for his own acts.
b.If the information for rape alleged that the accused was the father-in-law of the victim but the evidence proved
that he was the common-law spouse of the mother of the victim, the accused cannot be convicted of qualified
rape.
c.If the information alleged that the accused was the uncle or cousin of the victim but did not allege he was a
relative within the third civil degree, the accused cannot be convicted of qualified rape.
d.If the information alleged that the accused was the brother of the victim but did not allege that he was a relative
within the second civil degree, the accused cannot be convicted of qualified rape.
T.Right to Speedy Trial
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a.The right to a speedy trial means a trial free from unreasonable delay.
b.In determining if the right of the accused to a speedy trial was violated, the length of the delay, the reason for the
delay, the assertion or non-assertion of the right of the accused, and prejudice to the accused should be
considered.
c.Delay in filing a criminal case against the accused violates his right to a speedy trial.
d.The failure of the accused to complain when his case was not decided for nine years constitutes waiver of his
right to a speedy trial.
U.Right to Public Trial
a.The test for determining if the right of the accused to a public trial violated is whether the public was actually
excluded from the place where the trial was held.
b.The holding of a trial inside the chambers of the judge instead of the courtroom violates the right of the accused
to a public trial.
c.The court can exclude the public from the courtroom for the sake of decency or public morals.
d.The accused can waive his right to a public trial.
V.Right of Confrontation
a. The affidavit of a witness who was not presented in court cannot be used as evidence against the accused.
b. The decision against the accused in a case for estafa cannot be used as evidence against him in a case for
large scale illegal recruitment.
c. The testimony of a witness against the accused should be stricken out if his cross-examination had barely
started.
d. Even if a witness was extensively cross-examined, his testimony should be stricken out if the cross-examination
was not completed for failure of the witness to appear.
a.The right of confrontation can be waived expressly.
b.The right of confrontation is deemed waived if the lawyer of the accused had the opportunity to cross-examine the
witness but failed to do so.
c.The court cannot limit the time for further cross-examination of a witness even if he has been cross-examined for
seven days.
d.The court can preclude the cross-examination of a witness on irrelevant matters.
W.Right to Compulsory Process
a.The right to compulsory process covers not only testimonial but also documentary evidence.
b.The court can consider a case submitted for the decision if one of the two witnesses for the accused can no
longer be located and the other witness failed to appear twice because the subpoenas were received only a few
days before the trial.
c.The court can refuse to allow the taking of the testimonies of witnesses for the accused by deposition abroad if
their testimonies are merely corroborative.
d.An accused charged with illegal recruitment cannot require that all the records that served as basis for the official
certification that he had no license to produce.
X.Right to Be Present
a.The accused may be tried in absentia if he has already been arraigned, he was duly notified, and his failure to
appear was unjustifiable.
b.If the accused waived his right to be present, he cannot be compelled to appear for identification by witnesses
against him.
c.The accused can be compelled to appear if he stipulated that the witnesses against him could identify him.
d.The accused is deemed to have waived his right to be present if he escaped.
Y.Right to Speedy Disposition of Cases
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a.The right to the speedy disposition of cases applies to civil, criminals and administrative cases.
b.In determining if this right was violated, the length of the delay, the reason for the delay, the assertion or non-
assertion of the right, and prejudice to the party concerned should be considered.
c. The delay in the disposition of a case is excused if the issues are complex.
d.A delay of almost three years in the resolution of the preliminary investigation of a case is not unreasonable.
Z.Right Against Self-Incrimination
a.The right against self-incrimination cannot be invoked by a corporation, because it is available to natural persons
only.
b.The right against self-incrimination cannot be invoked against the presentation of object evidence.
c.The right against self-incrimination cannot be invoked by a public officer against the production of public records
of employees in his office.
d.The right against self-incrimination does not apply to production of the private papers of the accused.
a.The right against self-incrimination is applicable to a civil case for forfeiture of property.
b.The right against self-incrimination is applicable to an administrative case which is disciplinary in character.
c.An accused can be compelled to give specimens of his handwriting.
d.A suspect can be required to put his foot in a plaster cast of a footprint found at the scene of a crime.
a.The positive result of the examination of the accused in a rape case for sexually transmitted disease can be used
as evidence against him if the victim contracted the same disease as a result.
b.A suspect can be fingerprinted to see if his fingerprints match those taken from the scene of the crime.
c.A suspect in a murder case can be compelled to submit to a paraffin test.
d.A suspect cannot be compelled to try a wearing apparel left at the scene of a crime.

a.A suspect can be required to take part in a police line-up.
b.A driver can be subjected to a blood test to determine if he was drunk while driving.
c.An accused charged with rape cannot be required to submit to a DNA test.
d.The hands of a suspect in a case for selling marijuana can be subjected to ultra-violet ray radiation to determine if
he touched the money dusted with fluorescent powder paid to him.
a.If the accused testifies in his own behalf, he can be cross-examined like any other witness.
b.A person can be compelled to testify about a crime he committed if the crime has prescribed.
c.A law cannot require persons to testify if the testimony will be incriminating and they will not be immune from
criminal prosecution but their testimonies cannot be used against them.
d.A law can require persons to testify even if their testimony will be incriminating but they can no longer be
prosecuted for the crime they committed.
AA.Prohibition against Involuntary Servitude
a.The right against involuntary servitude covers slavery and peonage.
b.A convict can be compelled to perform work as a punishment for crime.
c.In the defense of the State, all citizens may be compelled to render personal military or civil service.
d.A seaman who signed up for a voyage cannot be prevented from abandoning the vessel while the voyage is not
yet completed.
a.Parents can order their children to perform household works.
b.Because of police power, able-bodied men may be required to work on public roads and bridges.
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c.A court stenographer cannot be cited for contempt to compel him to transcribe his stenographic notes.
d.Striking employees may be required by law to return to work.
BB.Prohibited Punishments
a.A penalty is cruel and inhuman if it involves torture or wanton suffering.
b.A penalty is degrading if it unnecessarily humiliates the convict.
c.The imposition of the death penalty by lethal injection is constitutional.
d.Solitary confinement is unconstitutional.
a.The mere fact that a penalty is severe does not make it constitutional.
b.A penalty is unconstitutional if it is so disproportionate to the crime as to shock the moral sense of reasonable
men as to what is proper.
c.To determine if a penalty is excessive, the nature and gravity of the offense, the harshness of the penalty, the
moral depravity of the convict, the severity of the penalty for other comparable crimes, the attitude of the public,
and the legislative purpose should be considered.
d.Imprisonment for 15 years as a penalty for falsification of a public document is not excessive.
a.Reclusion perpetua as a penalty for robbery with homicide is not excessive.
b.Reclusion temporal as a penalty for malversation of P22,000 is not excessive.
c.Life imprisonment as a penalty for selling prohibited drugs is not excessive.
d.Reclusion perpetua as a penalty for estafa involving P1,000,000 is excessive.
CC.Prohibition against Imprisonment for Debt and Non-Payment of Poll Tax
1.Imprisonment cannot be imposed as a penalty for violation of one of these sources of obligations:
a.Law
b.Contracts
c.Quasi-contracts
d.Delicts
e.Quasi-delicts
a.A poll tax is a tax of a fixed amount imposed upon each person.
b.Fraud in contracting an obligation can be penalized.
c.A husband cannot be cited for contempt for disobedience to a court order to pay support to his family.
d.A lessee cannot be cited for contempt for failure to pay the back rentals awarded in a court decision.
a.Batas Pambansa Blg. 22, which penalizes the issuance of a check without funds to pay for an obligation, is
constitutional.
b.The Trust Receipts Law, which penalizes failure to comply with the obligation of a trustee to pay the trustor, is
constitutional.
c.Subsidiary imprisonment can be imposed upon a convict for failure to pay the fine imposed upon him,
d.A contractor who bound himself to render personal services can be cited for contempt for failure to comply with a
court decision for specific performance.
DD.Prohibition against Double Jeopardy
1.One of these is not a requisite of double jeopardy:
a.A first jeopardy must have attached.
b.The first jeopardy was validly terminated.
c.The termination was a judgment on the merits.
d.The second jeopardy is for the same offense.
2.One of these is not a requisite for a first jeopardy to attach:
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a.The court must have jurisdiction.
b.There must be a valid complaint or information.
c.The accused was arraigned and entered a valid plea.
d.The prosecution has started presenting evidence.
a.The transfer of a case from the Regional Trial Court to the Sandiganbayan because of its lack of jurisdiction does
not give rise to double jeopardy.
b.The dismissal of a case because the information did not charge an offense does not give rise to double jeopardy.
c.The motu proprio dismissal of a case by the court because the accused should not be tried, for lack of probable
cause will give rise to double jeopardy.
d.The dismissal of a case because the information filed by a city prosecutor involved an offence committed outside
the city will not give rise to double jeopardy.
a.The dismissal of a case upon motion of the prosecution because of the approval of the motion for reinvestigation
filed by the accused before his arraignment will not give rise to double jeopardy.
b.The filing by the accused of a manifestation stating that he was pleading not guilty is not a valid way of pleading.
c.The arraignment of the accused for a charge of homicide while the heirs of the victim had a pending appeal to the
Secretary of Justice to amend the charge to murder is not valid.
d.The entry by the court of a plea of not guilty for the accused because of his refusal to enter a plea cannot give
rise to double jeopardy.
a.The amendment of the information so as to allege aggravating circumstances will not give rise to double jeopardy.
b.The retaking of the testimonies of the witnesses because the stenographic notes were lost will not give rise to
double jeopardy.
c.The conviction of the accused for an offense lesser than the one charged in the information will preclude the
appellate court from convicting the accused of the crime charged if the accused moved to withdraw his appeal
even if the motion was denied.
d.The first jeopardy is terminated in case of the conviction of the accused, his acquittal, the dismissal of the case, or
the termination of the case.
a.The conviction of the accused upon his plea of guilty to a lesser offense despite the objection of the prosecution
will not give rise to double jeopardy.
b.The conviction of the accused for rape based on his offer to plead guilty on condition he would be given a light
penalty, which the court granted, will give rise to double jeopardy.
c.The dismissal of a case because of the execution by the complainant of an affidavit of desistance will not give rise
to double jeopardy.
d.The withdrawal of the case by the prosecution after the arraignment of the accused will give rise to double
jeopardy.
a.The dismissal of a case on the ground of prescription will give rise to double jeopardy.
b.The dismissal of a case upon filing by the accused of a demurrer to the evidence will give rise to double jeopardy.
c.The dismissal of a case on the ground of double jeopardy will give rise to double jeopardy.
d.The dismissal of a case for grave threats upon motion of the accused on the ground that the charge should have
been for disturbance of a public assembly will give rise to double jeopardy.
a.The discharge of an accused to be a state witness will give rise to double jeopardy if he testified against his co-
accused.
b.There is identity of offenses if an offense is an attempt or frustration of the other offense or necessarily includes or
is necessarily included in the other offense.
c.Prosecution for one of the offenses constituting a complex crime will not bar a separate prosecution for the other
offense included in it.
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d.If several persons were injured because of the same act of reckless imprudence, separate cases cannot be filed
for each of them.
a.Consented abduction and qualified seduction are not identical offenses.
b.Reckless imprudence resulting in homicide and abandonment of ones victim are different offenses.
c.Rape and qualified seduction are different offenses.
d.Robbery and theft are different offenses.
a.If the accused was charged with less serious physical injuries but the injuries required medical attention for more
than 30 days, he can no longer be charged with serious physical injuries.
b.A drawer of a check which was dishonored for lack of funds can be charged with estafa and violation of Batas
Pambansa Blg. 22.
c.A person who recruited workers and had no license can be charged with estafa and illegal recruitment.
d.A public officer who falsely certified that a project was completed can be charged with falsification of a public
document and violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act for causing injury to the
government.
a.A public officer can be charged with receiving a bribe under the Revised Penal Code and violation of Section 3(b)
of the Anti-Graft and Corrupt Practices Act for requesting a bribe.
b.If an act is punished by a law and an ordinance, conviction or acquittal under either shall bar another prosecution
for the same act.
c.An accused acquitted of violating an ordinance which penalized the installation of an electrical jumper can be
charged with theft of electricity.
d.An accused convicted of violating an ordinance which penalized failure to use a seat belt in motor vehicles cannot
be prosecuted under Republic Act No. 8750, which penalizes the failure to use seat belts in a motor vehicle.
a.If an accused whose lawyer asked the private prosecutor to give his conformity to a motion for postponement but
the accused was acquitted for failure of the complaining witness to appear at the scheduled hearing, the case
can be reinstated.
b.If an accused was acquitted because of political pressure on the trial judge, the acquittal can be set aside.
c.The acquittal of an accused because the prosecutor rested the case despite his awareness that he had not yet
presented sufficient evidence can be set aside.
d.The acquittal of the accused because of the gross misappreciation of the evidence by the trial court can be set
aside.
a.The prosecution cannot question the acquittal of the accused by filing a petition for certiorari because of the grave
abuse of discretion of the trial court in appreciating the evidence.
b.The prosecution cannot question the acquittal of the accused by filing a petition for annulment of judgment
because it was based on falsified documents presented by the defense.
c.The employer of a bus driver who was convicted of reckless imprudence resulting in homicide can appeal the
criminal conviction of the driver.
d.If the accused who was charged with murder was convicted of homicide, the prosecution cannot move for a
reconsideration of the decision.
a.If an accused charged with murder and convicted of homicide filed a motion for reconsideration, the trial court can
amend the decision by convicting him of murder.
b.If an accused charged with murder and convicted of homicide appealed, the accused can be convicted of murder
on appeal.
c.If the accused charged with rape was acquitted on reasonable doubt, the complainant can appeal for the sole
purpose of recovering civil damages.
d.If an accused charged under the Trust Receipt Law was adjudged civilly liable for the obligation secured by the
trust receipt but for a lesser amount than the amount actually due, the complainant can appeal to have the
amount increased.
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EE.Ex Post Facto Law
1.The constitutional prohibition against the enactment of ex post facto does not apply if:
a.An extradition treaty provides that it will apply retroactively.
b.A law makes criminal an act done before its passage and punishes such act retroactively.
c.A law qualifies a crime and applies retroactively.
d.A law inflicts a greater punishment upon a crime and applies retroactively.
2.The constitutional prohibition against the enactment of ex post facto laws does not apply if:
a.A law authorizes conviction upon less or different testimony than was required when the crime was committed
and applies retroactively.
b.A law, assuming to regulate civil rights and remedies only, imposes a penalty or deprivation of the right
retroactively.
c.A law deprives a person accused of a crime of a lawful protection to which he was entitled.
d.A law allowing an accused to apply for probation was amended retroactively to disqualify him to apply for
probation if he appealed.
a.A law extending the prescriptive period for a crime cannot apply to crimes committed before the amendment.
b.A civil case cannot be filed against a public officer for forfeiture of property unlawfully acquired before Republic
Act No. 1379 took effect.
c.The Anti-Money Laundering Council cannot look into deposits of foreign currency made before the effectivity of
the Anti-Money Laundering Act.
d.A Supreme Court decision reversing a doctrine of criminal law which was favorable to the accused can be
applied retroactively.
4, One of these statements is not correct:
a.A law providing for the transfer of criminal cases to another court is not ex post facto.
b.A law expanding the jurisdiction of the Sandiganbayan is not ex post facto.
c.A law prohibiting lessees from sub-leasing without the written consent of the lessor is not ex post facto.
d.A law penalizing a real estate developer who continues in his failure to deliver the title to a buyer who has paid in
full for the lot he is buying after the effectivity of the law penalizing it is ex post facto.
FF.Writ of Amparo
a.A writ of amparo is a remedy available to any person whose right to life, liberty and security is violated and
threatened with violation by an unlawful act of a public official or employee, or of a private individual or entity.
b.The writ of amparo covers extralegal killings and enforced disappearances or threats of them.
c.The writ of amparo is preventive and curative, because it breaks the expectation of impunity in extralegal killings
and enforced disappearances and facilitates the punishment of the perpetrators as it will yield leads to
investigation and action.
d.The right to security is not independent of the right to liberty.
a.The right to security includes (i) freedom from fear; (ii) guarantee of bodily and psychological integrity or
security; (iii) guarantee of protection of ones rights by the government.
b.The writ of amparo is not a remedy to determine criminal guilt, liability for damages, or administrative
responsibilities.
c.In a petition for a writ of amparo, a military commander cannot be included either on the basis of command
responsibility or accountability due to acquiescence.
d.The writ of amparo is not available to protect concerns that are purely property or commercial, such as, the
ejectment of defendants in a forcible entry case.
GG.Writ of Habeas Data
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a.The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or security is
violated or threatened by an unlawful act or omission of a public official or employee or of a private individual or
entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home
and correspondence of the aggrieved party.
b.The writ of habeas data is not available to compel an employer to give information regarding alleged threats
which were the basis of its decision to transfer an employee.
c.The writ of habeas is not available to protect property or commercial rights, such as, the employment of an
employee who was transferred.
d.The writ of habeas data is available to compel the police authorities to produce a report regarding the burning of
the houses of defendants in an ejectment case after they were given a police certification regarding the
incident.
XI. Citizenship
1.One of these is not a Filipino citizen:
a.Those who are citizens at the time of the adoption of the Constitution.
b.Those whose fathers or mothers are citizens of the Philippines.
c.Those born before January 17, 1973 of Filipino mothers.
d.Those who are naturalized in accordance with law.
a.For a child to be a Filipino citizen, the father or mother must be a Filipino citizen at the time of his birth.
b.The illegitimate child of a foreign father and a Filipino mother is a Filipino citizen.
c.The illegitimate child of a Filipino father and a foreign mother is not a Filipino citizen.
d.If the child of a Filipino mother and an American father was born in the United States, he is a Filipino citizen.
a.For the child of a Filipino mother who was born before January 17, 1973 to qualify to be a Filipino citizen, it is
enough that the mother be a Filipino at the time of her marriage to an alien spouse.
b.For the child of a Filipino mother who was born before January 17, 1973 to be a Filipino citizen, he must elect
Philippine citizenship upon reaching the age of majority.
c.For the election of Filipino citizenship by the child of a Filipino mother who was born before January 17, 1973 to
be valid, he must sign a sworn statement expressing his election of Philippine citizenship accompanied with an
oath of allegiance and file it with the civil registry within 3 years from his reaching the age of majority.
d.If the foreign father of a child born of a Filipino mother before January 17, 1973 became a naturalized Filipino
citizen during the minority of the child, the child must still elect Philippine citizenship upon reaching the age of
majority.
a.A natural-born Filipino citizen is one who is a Filipino citizen from birth without having performed any act to
acquire or perfect his Philippine citizenship.
b.The child of a Filipino mother who was born before January 17, 1973 and who elected Philippine citizenship is a
natural-born Filipino citizen.
c.A natural-born Filipino citizen who became a naturalized citizen of a foreign country and repatriated is not a
natural-born Filipino citizen.
d.Except in the cases where the Constitution makes a distinction between a natural-born Filipino citizen and a
naturalized Filipino citizen, a law cannot make a distinction between the two.
a.A foreign woman who marries a Filipino husband acquires Philippine citizenship if she might be lawfully
naturalized.
b.To establish that she might be lawfully naturalized, the foreign woman who married a Filipino husband need not
prove she possesses the required qualifications but only that she possesses none of the disqualifications.
c.To establish that she might be lawfully naturalized, a foreign woman who married a Filipino husband must file in
court a petition for naturalization.
d.To establish that she might be lawfully naturalized, a foreign woman who married a Filipino husband can file with
the Bureau of Immigration a petition for cancellation of her alien certificate of registration.
6.One of these is not a ground for the loss of Philippine citizenship:
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a.Naturalization in a foreign country.
b.Taking an oath of allegiance to a foreign country upon reaching the age of majority.
c.Rendering services or accepting commission in the armed forces of a foreign country.
d.Moving to a foreign country.
7.One of these is not a ground for loss of Philippine citizenship:
a.Cancellation of the certificate of naturalization.
b.Declaration by competent authority of desertion of the armed forces in times of war.
c.Use of a passport of a foreign country if the Filipino citizen possesses dual citizenship.
d.Express renunciation of Philippine citizenship.
8.One of these is not a ground for denaturalization under Republic Act No. 9139:
a.Philippine citizenship was obtained fraudulently or illegally.
b.The naturalized person, his wife, or any of his minor children who acquired Philippine citizenship by virtue of his
naturalization established permanent residence in a foreign county within 5 years after the grant of his
Philippine citizenship.
c.The naturalized person, his wife, or children who acquired Philippine citizenship allows himself to be used as a
dummy in violation of naturalization laws.
d.The naturalized person, his wife, or children who acquired citizenship committed a crime involving moral
turpitude.
9.One of these is not a means for reacquisition of Philippine citizenship:
a.Naturalization
b.Repatriation
c.Direct act of Congress
d.Treaty with another country
a.Under Republic Act No. 8171, a Filipino woman who lost her Philippine citizenship because of her marriage to a
foreign spouse can reacquire Philippine citizenship by taking an oath of allegiance to the Republic of the
Philippines and registering it with the civil registry and the Bureau of Immigration.
b.Under Republic Act No. 9225, natural-born Filipinos who lost their Philippine citizenship by reason of
naturalization in a foreign county may reacquire Philippine citizenship by taking an oath of allegiance to the
Republic of the Philippines.
c.Unmarried minor children of repatriates shall also be deemed citizens of the Philippines.
d.A Filipino citizen who repatriated can run for elective office without need of renouncing any foreign citizenship.
XII. Accountability
A.Impeachment
1.One of these is not removable by impeachment:
a.The President
176
b.The Vice President
177
c.The Members of the Supreme Court
178
d.Other public officers provided by law
179
2.One of these is not removable by impeachment:
a.The Chairmen of the Constitutional Commissions
180
b.The Commissioners of the Constitutional Commissions
181
c.The Ombudsman
182
Ateneo Law School
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Section 2, Article XII of the Constitution
177
Ibid
178
Ibid
179
Ibid
180
181
Ibid
182
Ibid
d.The Over-All Deputy Ombudsman
183
3.One of these is not a ground for impeachment:
a.Culpable violation of the Constitution
184
b.Treason
185
c.Bribery
186
d.Misdemeanor
187
4.One of these is not a ground for impeachment:
a.Graft and corruption
188
b.Other high crimes
189
c.Betrayal of public trust
190
d.Commission of a criminal offense
191
5.Betrayal of public trust does not include:

a.Betrayal of public interest
192
b.Inexcusable neglect of duty
193
c.Tyrannical abuse of power
194
d.Habitual drunkenness
195
6.Betrayal of public trust does not include:
a.Cronyism and favoritism to the prejudice of public interest.
196
b.Obstruction of justice
197
c.Toleration of violation of human rights
198
d.Profanity
199
a.A verified complaint for impeachment may be filed by a Member of the House of Representatives or a citizen with
the endorsement of a Member of the House of Representatives.
200
b.A vote of at least one-fourth of all the members of the House of Representatives is necessary to affirm a
resolution of a case for impeachment or to override a contrary resolution.
201
c.If the verified complaint or resolution of impeachment is filed by the required number of votes to file an
impeachment case, the complaint shall constitute the articles of impeachment.
202
d.The Supreme Court cannot issue a decision compelling Congress to conduct an impeachment trial.
203
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183
Office of the Ombudsman vs. Court of Appeals, 452 SCRA 714
184
Section 2, Article XI of the Constitution
185
Ibid
186
Ibid
187
Ibid
188
189
Ibid
190
Ibid
191
Ibid
192
Record of the Constitutional Commission, Vol. II, p. 272
193
Ibid
194
Ibid
195
196
197
Ibid
198
Ibid
199
Record of Constitutional Commission, Vol. II, p. 286
200
Section 3 (2), Article XI of the Constitution
201
202
203
Romulo vs. Yniquez, 141 SCRA 263
a.The concurrence of at least two-thirds of all the Members of Senate is necessary to convict in an impeachment
case.
204
b.No impeachment proceeding can be initiated against the same official more than once within a period of one
year.
205
c.The one-year prohibition for filing another impeachment case against the same official is counted from the time of
filing and referral of the verified complaint to the proper committee of the House of Representatives or the filing
of another complaint by the required number of votes of the House of Representatives.
206
d.The one-year prohibition against filing another impeachment case against the same official is counted from the
time the proper committee to which it was referred finds the complaint is sufficient in form and substance or the
House of Representatives overrides the contrary resolution of the proper committee.
207
a.The one-year prohibition against filing another impeachment case against the same official is not violated if two
complaints filed on different days were referred to the proper committee on the same day.
208
b.The proceedings of an impeachment are subject to review by the Supreme Court.
209
c.The Supreme Court can review an impeachment complaint to determine if it constitutes an impeachable
offense.
210
d.A disbarment case cannot be filed against the incumbent Ombudsman unless he is first removed by
impeachment.
211
a.A criminal case cannot be filed against the Ombudsman if the penalty for the offense includes disqualification for
public office unless he is first removed by impeachment.
212
b.A public official who was convicted in an impeachment case will be removed from office.
213
c.An impeachable officer who was convicted will be disqualified to hold any public office under the government.
214
d.An impeachable officer who was charged with an impeachable offense but was not convicted cannot be criminally
prosecuted for the offenses involved in impeachment case.
215
B.Sandiganbayan and Ombudsman

a.The Sandiganbayan is a constitutional court.
216
b.The appointment of a Deputy Ombudsman for the Military Establishment is discretionary.
217
c.The Deputy Ombudsman for the Military Establishment can investigate civilian personnel of the government.
218
d.The Special Prosecutor is a subordinate of the Ombudsman.
219
a.The Ombudsman may be removed from office by impeachment only.
220
b.The Ombudsman has the power to appoint officials and employees of the Office of the Ombudsman, except the
Deputy Ombudsmen.
221
c.The salaries of the Ombudsman and the Deputy Ombudsmen cannot be decreased during their term of office.
222
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204
205
206
Francisco vs. House of Representatives, 415 SCRA 49
207
Ibid
208
Gutierrez vs. House of Representatives, 643 SCRA 198
209
Francisco vs. House of Representatives, 415 SCRA 44
210
Ibid
211
Jarque vs. Desierto, 250 SCRA xi
212
In re Indorsement from Gonzales, 160 SCRA 771
213
214
215
Estrada vs. Desierto, 108
216
217
218
Agbay vs. Deputy Ombudsman for the Military, 309 SCRA 726
219
Calderon vs. Gonzales, 160 SCRA 31
220
221
222
d.The Office of the Ombudsman does not enjoy fiscal autonomy.
223
a.A naturalized Filipino citizen may be appointed Ombudsman or Deputy Ombudsman.
224
b.The Ombudsman and the Deputy Ombudsmen must be at least 40 years of age at the time of their
appointment.
225
c.The Ombudsman and the Deputy Ombudsmen must be of recognized probity and independence.
226
d.The Ombudsman and the Deputy Ombudsmen must be members of the Philippine bar.
227
a.The Ombudsman and the Deputy Ombudsmen must not have been candidates for any elective office in the
immediately preceding election.
228
b.Deputy Ombudsmen must have for at least ten years been judges or engaged in the practice of law in the
Philippines.
229
c.The Ombudsman and the Deputy Ombudsmen are subject to the same disqualifications and prohibitions as the
Members of the Constitutional Commission.
230
d.The Ombudsman and the Deputy Ombudsmen cannot run for any office in the election immediately succeeding
their cessation from office.
231
a.The Ombudsman and the Deputy Ombudsmen are appointed by the President from the list of nominees
submitted by the Judicial and Bar Council.
232
b.The Ombudsman and the Deputy Ombudsmen have the same rank and salaries as the Chairman and Members
of the Constitutional Commissions.
233
c.The term of the Ombudsman and the Deputy Ombudsmen is seven years.
234
d.The Deputy Ombudsmen can be reappointed.
235
6.One of these statements is incorrect:
a.The Ombudsman can act on anonymous complaints.
236
b.The Office of the Ombudsman cannot conduct a preliminary investigation of a crime committed by a public official
if it is not connected with the performance of his official duties.
237
c.The Office of the Ombudsman has jurisdiction on administrative cases filed against elective local officials.
238
d.The Office of the Ombudsman has jurisdiction over administrative cases filed against public school teachers.
239
a.The Office of the Ombudsman has no jurisdiction over criminal cases involving officers and employees of
government corporations which were not created by special laws.
240
b.The Office of the Ombudsman has no authority to impose penalties in administrative cases filed with it against
public officials.
241
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223
224
225
Ibid
226
Ibid
227
Ibid
228
229
Ibid
230
Ibid
231
Section II, Article XI of the Constitution
232
233
234
235
Ibid
236
Almonte vs. Vasquez, 244 SCRA 286
237
Vasquez v. Alinio, 271 SCRTA 67
238
Loxino vs. Office of the Ombudsman, 471 SCRA 342
239
Office of the Ombudsman vs. Masing, 542 SCRA 253
240
Khan vs. Office of the Ombudsman, 495 SCRA 452
241
Office of the Ombudsman vs. Court of Appeals, 491 SCRA 92
c.The decision of the Ombudsman in administrative cases against public officials are appealable to the Court of
Appeals.
242
d.Review of the resolution of the Ombudsman in preliminary investigation of criminal cases should be sought by
filing a petition for certiorari in the Supreme Court.
243


a.The right of the state to recover properties unlawfully acquired by public officials cannot be barred by prescription,
laches, or estoppel.
244
b.The criminal prosecution of public officials for violation of the Anti-Graft and Corrupt Practices Act can be barred
by prescription.
245
c.The President, the Vice President, the Members of the Cabinet, Congress, the Supreme Court, the Constitutional
Commissions, and the Ombudsman cannot obtain a loan for any purpose from a government-owned or
controlled bank or financial institution.
246
d.A corporation of which a Member of Congress is a majority stockholder cannot obtain a loan for a business
purpose from the Development Bank of the Philippines.
247
XIII. National Economy and Patrimony
A.National Patrimony
a.According to the regalian doctrine, all lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or lumber, wildlife, flora and fauna and other natural
resources are owned by the State.
248
b.A corporation contracted by the government to reclaim the foreshore and submerged areas cannot be given any
portion of the reclaimed land, because they belong to the public domain and private corporations cannot
acquire land of the public domain.
249

c.The National Housing Authority cannot grant to a private corporation a portion of the foreshore land it was
contracted to reclaim for a housing project as compensation.
250
d.Airwave frequencies belong to the State as part of its natural resources.
251
a.The ancestral lands and ancestral domains of indigenous peoples are not part of the public domain.
252
b.The natural resources within ancestral lands and ancestral domains belong to the State in accordance with the
regalian doctrine.
253
c.Foreigners cannot engage in growing prawns and shrimps even if they will not use water coming from a natural
source.
254
d.All natural resources, with the exception of agricultural land, cannot be alienated.
255
a.The exploration, development, and utilization of natural resources shall be under the full control and supervision
of the State.
256
b.The State may directly undertake the exploration, development, and utilization of natural resources.
257
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242
Gonzales vs. Rosas, 423 SCRA 485
243
Estrada vs. Desierto, 445 SCRA 655
244
245
Presidential Ad Hoc Fact-Finding Committee on Behest Loans vs. Desierto, 317 SCRA 272
246
247
Ibid
248
249
Chavez vs. Public Estates Authority, 384 SCRA 152
250
Chavez vs. National Housing Authority, 530 SCRA 235
251
Telecommunications and Broadcast Attorneys of the Philippines vs. Commission on Elections, 289 SCRA 337
252
Cruz vs. Secretary of Environment and Natural Resources, 347 SCRA 128
253
Ibid
254
Opinion No. 3 of the Secretary of Justice dated July 11, 1998
255
256
257
Ibid
c.The State may enter into a co-production, joint venture, or production-sharing agreement for the exploration,
development, and utilization of natural resources with Filipino citizens or corporations or association at least
sixty percent of whose capital is owned by Filipino citizens.
258
d.Filipino citizens may not be allowed to engage in small-scale utilization of natural resources without the
participation of the State.
259
a.The only agreements which the State can enter into with foreign-owned corporations for large scale exploration,
developments, and utilization of minerals, petroleum, and other mineral oil, are those involving technical or
financial assistance.
260
b.A corporation which entered into a timber licensing agreement for twenty-five years, which was renewed for
twenty-five years, cannot afterwards apply for an integrated forest management agreement.
261

c.In the case of water rights for irrigation, water supply, fisheries, or industrial uses, beneficial use may be the
measure and limit of the grant.
262
d.In the case of water rights for the development of water power, beneficial use cannot be the measure and limit of
the grant.
263
a.Private corporations or associations may not hold alienable lands of the public domain except by lease covering
an area of not more than 1,000 hectares and for not more than twenty-five years, renewable for not more than
twenty-five years.
264
b.Filipino citizens may lease not more than 500 hectares of alienable lands of the public domain.
265
c.Private corporations cannot purchase disposable land of the public domain which a Filipino citizen occupied under
a bona fide claim of ownership since June 12, 1945 but was not applied for judicial confirmation.
266
d.Filipino citizens may acquire not more than twelve hectares of disposable public land by purchase, homestead, or
grant.
267
a.The foreign husband of a Filipino woman who sold a parcel of land she acquired by purchase during their
marriage cannot have the sale of the land made without his marital consent annulled.
268
b.The foreign husband of a Filipino wife can ask for separation of properties and the disposition of the parcel of
land she acquired with funds from him to enable him to recover his money.
269
c.A Filipino citizen who sold a parcel of land to a foreigner can sue him to recover the parcel of land.
270
d.A Filipino citizen who sold a parcel of land to a foreigner cannot sue to recover it if the foreigner resold it to a
Filipino citizen.
271
a.A Filipino citizen who sold a parcel of land to a foreigner can sue to recover it even if the foreigner has become a
naturalized Filipino citizen.
272
b.A foreigner who purchased a parcel of land and registered it in the name of Filipino citizen cannot sue to recover
the land.
273

c.If the land in which a condominium building stands is owned by a condominium corporation, foreigners can own
up to forty percent of the units.
274
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258
Ibid
259
Ibid
260
La Bugal-B-Luau Tribal Association, Inc. vs. Ramos, 445 SCRA 1
261
Alvarez vs. PICOP Resources, Inc. 606 SCRA 444
262
263
Ibid
264
265
Ibid
266
Republic vs. Court of Appeals, 19 SCRA 449
267
268
Cheesman vs. Intermediate Appellate Court, 193 SCRA 93
269
Muller vs. Muller, 500 SCRA 65
270
Philippine Banking Corporation v. Lui Sho, 21 SCRA 52
271
Borromeo vs. Descallar, 580 SCRA 175
272
De Castro vs. Tan, 129 SCRA 85
273
Osmea vs, Osmea, 611 SCRA 164
274
Halst vs. PR Builders, Inc. 566 SCRA 333
d.A foreign corporation cannot own private land.
275
a.A foreigner can own more than forty percent of the shares of stock in a domestic corporation which owns a parcel
of land, because the corporation can divest itself of the land.
276
b.A foreigner who incorporated himself as a corporation sole cannot own private land even if at least sixty percent
of the members under his authority are Filipino citizens.
277
c.Foreigners can acquire private land by hereditary succession.
278
d.A natural-born Filipino citizen who lost his Philippine citizenship can acquire private land.
279
a.Foreign countries can acquire private land in the Philippines for their embassies and consulates and the
residences of their diplomatic and consular representatives.
280
b.Foreigners can own other classes of real properties in the Philippines.
281
c.Foreigners cannot be granted usufruct over private land.
282
d.Private land can be leased to foreigners.
283
a.Private land can be leased to foreigners and foreign corporations for a maximum period of 25 years, renewable
for another 25 years by agreement of the lessor and the lessee.
284
b.Private land can be leased to a foreigner for a maximum period of 50 years, renewable once for a maximum
period of 50 years to be used solely for the purpose of an investment.
285
c.Private land can be mortgaged to foreigners.
286
d.Foreign lending institutions may bid in the foreclosure sale of land mortgaged to them but cannot have the title
transferred in their names.
287

B. National Economy
a.The preference to qualified Filipinos in the grant of rights, privileges, and concessions covering the national
patrimony includes cultural heritage.
288
b.A foreign corporation may own the facilities and equipment being used by a public utility to serve the public,
because it is not a public utility.
289
c.A petroleum company which refines oil it imported and is not doing so as a service to other parties is not a public
utility.
290
d.A shipyard is a public utility.
291
a.It is when a corporation will apply for a franchise or certificate of public convenience that a corporation that will
operate a public utility must have at least 60 percent of its capital owned by Filipino citizens.
292

Ateneo Law School
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275
Strategic Alliance Development Corporation vs. Radstock Secrurities, Ltd., 607 SCRA 413
276
J.G. Summit Holdings, Inc. vs. Court of Appeals, 450 SCRA 169
277
Roman Catholic Apostolate Administrator of Davao, Inc. vs. Land Registration Commission, 102 Phil. 596
278
279
280
Opinion of the Secretary of Justice No. 157, September 12, 1995.
281
J.G. Summit Holdings, Inc. vs. Court of Appeals, 450 SCRA 169
282
Ramirez vs. Vda. de Ramirez, 111 SCRA 704
283
Moreno-Loutfer vs. Wolff, 441 SCRA 584
284
Presidential Decree No. 471
285
Section 4, Republic Act No. 7652
286
287
288
Manila Prince Hotel vs. Government Service Insurance System, 267 SCRA 408
289
Tatad vs. Garcia, 243 SCRA 36
290
Bagatsing vs. Committee on Privatization, 246 SCRA 344
291
JG Summit Holdings, Inc. vs. Court of Appeals, 412 SCRA 10
292
People vs. Quasha, 93 SCRA 337
b.A law granting a franchise to a public utility which provides that it will pay a franchise tax of two percent of its
gross receipts, which will be in lieu of all other taxes, can be amended to authorize local government units to
tax it.
293
c.A law requiring all radio and television broadcast companies to provide free time for political advertisements is
constitutional.
294
d.The authority to operate a tollway facility can be extended for more than 50 years.
295
3.One of these statements Is not correct:
a.The grant of a franchise to a telecommunications company which encroaches upon the area of service of another
telecommunications company is not valid.
296
b.A law may authorize foreigners to practice their professions in the Philippines.
297
c.A private corporation cannot be created by a special law.
298
d.Congress can pass a law allowing a monopoly.
299
a.A law imposing a tariff duty of three percent on imported crude oil and a tariff duty of seven percent on imported
refined oil is in restraint of trade.
300
b.A law requiring petroleum companies to maintain a minimum inventory equal to ten percent of their annual sales
or supply for forty days is in restraint of trade.
301
c.A provision in a contract between a company and a salesman prohibiting the salesman from selling the products
of other companies, whether or not they are competing products, is in restraint of trade.
302
d.The Monetary Board can issue regulations governing foreign loans.
303
XIV. Social Justice and Human Rights
a.Social justice refers to the obligation of the state to ameliorate the condition of the underprivileged.
304
b.The Commission on Human Rights has no power to decide cases involving violations of civil and political
rights.
305
c.The Commission on Human Rights has no authority to issue writs of injunction.
306
d.The power of the Commission on Human Rights to investigate violations of human rights is limited to those
committed by public officers.
307

X. Academic Freedom
a.Because of academic freedom, an institution of higher learning has the freedom to determine for itself who may
teach, what may be taught, how it will be taught, and who may be admitted to study.
308
b.A State university can retain a faculty member who extended without permission his leave without pay beyond
one year.
309
c.An institution of higher learning may terminate a faculty member at any time.
310
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293
City of Government of San Pablo vs. Reyes, 305 SCRA 353
294
Telecommunications and Broadcast Attorneys fo the Philippines, Inc. vs. Commission on Elections, 289 SCRA 337
295
Francisco vs. Toll Regulatory Board, 633 SCRA470
296
Pilipino Telephone Corporation vs. National Telecommunications Company, 410 SCRA 52
297
298
Bascon Philippine Amusement and Gaming Corporation, 197 SCRA 52
299
300
Tatad vs. Secretary of the Department of Energy, 281 SCRA 330
301
Ibid
302
Avon Cosmetics, Inc. vs. Luna, 511 SCRA 376
303
304
Ongsiako vs. Gamboa, 86 Phil. 50
305
Carino vs. Commission on Human Rights, 207 SCRA 483
306
Export Processing Zone Authority vs. Commission on Human Rights, 208 SCRA 125
307
Record of the Constitutional Commission, Vol. III, p 460
308
Garcia vs. Faculty Admission Committee, 68 SCRA 277
309
University of the Philippines vs. Civil Service Commission, 356 SCRA 57
310
Colegio de Sto. Nio vs. National Labor Relations Commission, 197 SCRA 611
d.An institution of higher learning may terminate a faculty member for immoral conduct.
311
2.One of these statements is correct:
a.The academic freedom of a faulty member is his right to pursue his studies in his peculiar specialty and to make
known the result of his endeavors without being subjected to penalties in case his conclusions are
unacceptable to some authorities.
312
b.A faculty member can assign reading materials to his students, hold a weekly tutorial meeting, give them quizzes,
and require term papers instead of holding regular classes.
313
c.Because of academic freedom, an institution of higher learning can refuse to re-enroll a student who was admitted
for a course.
314
d.An institution of higher learning can refuse to re-enroll a student who did not satisfy its academic standards.
315
a.An institution of higher learning can dismiss a student for grave violation of the rules of discipline.
316
b.A student cannot invoke freedom of expression to prevent his dismissal for publishing obscene materials in the
school newspaper..
317
c.A student who failed to comply with the requirements of an institution of higher learning for graduating with honors
cannot compel it to confer graduation honors upon her.
318
d.An institution of higher learning can revoke the degree it conferred upon a student after finding that the thesis of
the student was plagiarized.
319
a.An institution of higher learning can close a unit.
320
b.A State university cannot invoke academic freedom as justification for granting to employees additional benefits
which have no statutory basis.
321
c.The president of a State university cannot invoke academic freedom as justification for releasing salary
differentials without the required documents, allowing falsification of the reclassification differential payroll, and
appointing a relative in violation of the provision against nepotism.
322
d.The faculty members cannot invoke their academic freedom for questioning the decision of the board of regents
of a State university to reduce the cut-off score for admission of students.
323
a.
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311
Montemayor vs. Araullo University Foundation, 77 SCRA 321
312
Araneta vs. Araneta University Foundation, 77 SCRA 321
313
Camacho vs. Coresis, 387 SCRA 128
314
Mon vs. Dames, 185 SCRA 523
315
University of San Agustin, Inc. vs. Court of Appeals, 230 SCRA 761
316
Ateneo de Manila University vs. Capulong, 226 SCRA 644
317
Miriam College Foundation, Inc. vs. Court of Appeals, 348 SCRA 266
318
Morales vs. Board of Regents of the university of the Philippines, 496 SCRA 221
319
University of the Philippines Board of Regents vs. Court of Appeals, 313 SCRA 404
320
University of the Philippines vs. Ayson, 176 SCRA 571
321
Benguet State University vs. Commission on Audit, 324 SCRA 437
322
Civil Service Commission vs. Sojor, 554 SCRA 160
323
Reyes vs. Court of Appeals, 194 SCRA 402

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