Professional Documents
Culture Documents
Constitution: definition, nature and concepts 4. The constitutional provision on initiative and
referendum is not self-executory. This is so
1. Constitution is defined by Cooley as: because it requires:
a. a body of statutory, administrative a. an implementing resolution from the
and political provisions by which the COMELEC;
three branches of government are b. an implementing resolution from the
defined; Supreme Court;
b. a body of rules and maxims in c. an implementing legislation;
accordance with which the powers of d. an implementing resolution from the
sovereignty are habitually exercised; party-list representative of the House
c. a body of rules and edicts emanating of Representatives.
from the rulings of courts and written 5. In an amendment to the constitution by
guidelines of the executive and the "initiative and referendum", the "initiative"
legislature by which government is phase is meant that the people propose the
governed; amendments. There is a valid proposal when
d. a body of interpretations and rules by a proposition has received the approval of:
which the three branches of a. at least 3% of the persons of majority
government are judged for purposes age of each district, and 12% of the
of sovereign compliance with good registered voters of the region from
corporate governance. proposal emanates;
2. The Constitution declares that the b. at least 3% of the registered voters
Philippines is a republican state. of each province and 12% of the total
Republicanism means: number of registered voters
a. the form of government must be nationwide;
presidential; c. at least 3% of the registered voters
b. the representatives of the of each district and 12% of the total
government are elected by the number of registered voters
people; nationwide;
c. sovereignty resides in the elected d. more than 3% of the 3% of the
representatives of the government; registered voters of each district but
d. the form of government cannot be less than 12% of the total number of
changed by the people. registered voters nationwide.
3. The three essential parts of a Constitution 6. A chief characteristic of the presidential form
are: of government is:
a. the bill of rights, governmental a. concentration of power in the
organization and functions, and judiciary thru the power of expanded
method of amendment; judicial review;
b. the preamble, the bill of rights, and b. supremacy of the presidency
provisions on checks and balances; compared to the totality of powers of
c. the national territory, the declaration the legislative;
of principles and state policies, and c. regular periodic election of the
the transitory provisions; President for a fixed term;
d. the executive department, the d. unlimited term for the President for
legislative department and the as long as elected by the people in
judiciary. free and honest elections.
7. A tax is progressive when:
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a. the rate fluctuates as the tax base the self-evident social justice
decreases; provisions;
b. the rate increases as the tax base d. the executive, the legislative, and the
remains the same; judicial.
c. the rate increases as the tax base
increases; Principles and State Policies, Self-executing and
d. the rate decreases as the tax base Non-self-executing provisions:
increases.
8. In a unitary system of government, such as 11. The Constitution provides that the
the government under the Philippine "separation of church and state shall be
Constitutor, local government can only be: inviolable." This is implemented most by the
a. an imperuim in imperio; constitutional principles embodied in:
b. an infa-sovereign subdivision; a. the free exercise clause;
c. a sovereign nation; b. the non-establishment clause;
d. a sovereign entity. c. the freedom of religious belief
clause;
Checks and Balances: d. the freedom of religion clause.
12. Which one of the following is a non-self-
9. Which of the following best exemplifies how executing provision of the Constitution:
the system of checks and balances is carried a. no law shall be passed abridging the
out: freedom of speech;
a. the legislature passes a law that b. no law shall be made respecting an
prohibits the president from establishment of religion;
commuting a judiciary imposed c. no person shall be held to answer for
sentence, as a check of the a criminal offense without due
president; process of law;
b. the President pardons a convict as a d. the state shall encourage and
way to set aside or modify a support researches and studies on
judgment of the judiciary; the arts and culture.
c. the judiciary overturns a pardon
granted by the President as a check Legislative Department:
on executions;
d. the President pardons an accused 13. Identify which one is an invalid exercise of
after arraignment in the interest of the legislative power:
justice. a. legislation by local government on
purely local matters;
Separation of Powers: b. law granting an administrative
agency the power to define policy
10. Which phrase best completes the statement and fix standards on price control;
The starting point of the principle of c. law authorizing the President, in
separation of powers is the assumption of times of war or other national
the division of the functions of government emergency, for a limited period,
into three distinct classes: subject to prescribed restrictions, to
a. the bill of rights, state policies, and exercise powers necessary and
social justice and human rights; proper to carry out a declared
b. the accountability of public officers, national policy;
the constitutional commissions, and d. law authorizing the President to fix,
the national economy and patrimony; within specific limits, tariff rates,
c. the self-executing provisions, the import and export quotas, and other
non-self-executing provisions, and duties, within the framework of the
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national development program of the a. Commencement of the term of office
government. of Senators;
14. Which one of the following theories does not b. Date of regular election for President
support the valid delegation of authority by and Vice Presidential;
the Congress to an administrative agency: c. Authority to transfer appropriation;
a. an administrative agency may "fill up d. Regular election of the members of
the details" of a statute; Congress.
b. the legislature may leave to another 20. Congress shall have the sole power to
body the ascertainment of facts declare the existence of a state of war by
necessary to bring the law into actual vote of:
operation; a. three-fourths of both Houses in joint
c. an administrative agency has equal session assembled, voting jointly;
expertise with the legislature in b. two-thirds of both Houses in joint
crafting and implementing laws; session assembled, voting jointly;
d. contingent legislation. c. two-thirds of both Houses in
15. The rule in Article V1, Section 5 (3) of the separate session assembled, voting
Constitution that "Each legislative district jointly;
shall comprise, as far as practicable, d. two-thirds of both Houses in joint
contiguous, compact and adjacent territory" session, voting separately.
is a prohibition against: 21. If by the end of any fiscal year, the Congress
a. re-apportionment; shall have failed to pass the general
b. commandeering of votes; appropriations bill for the ensuring fiscal
c. gerrymandering; year, the general appropriations law for the
d. re-districting. preceding fiscal year shall be deemed:
16. Article V1, Section 5(3) of the Constitution a. referred;
requires that for a city to be entitled to have b. unacted;
at least one representative, its population c. refilled;
shall be at least: d. re-enacted.
a. 250,000; 22. Provisions unrelated to an appropriation bill
b. 150,000; are considered prohibited. These are called:
c. 100,000; a. interlopers;
d. 175,000. b. riders;
17. A Senator or Member of the House of c. outriggers;
Representatives shall be privileged from d. add-ons.
arrest while Congress is in session for all 23. The requirement that "Every bill shall
offenses punishable by imprisonment of not embrace only one subject which shall be
more than: expressed in the title thereof" prevents:
a. life imprisonment; a. rollercoaster legislation;
b. reclusion perpetua; b. log-rolling legislation;
c. six years imprisonment; c. rolling fields legislation;
d. four years imprisonment. d. loggerhead legislation.
18. No Senator or member of the House of
Representatives may personally appear as Executive Department:
counsel before:
a. any regional court; 24. The power of the President to veto any
b. any court of justice; particular part in an appropriation revenue,
c. any inferior court; or tariff bill, is called the:
d. any appellate court. a. specific veto;
19. Which of the following can be changed by an b. revenue veto;
ordinary law enacted by Congress? c. item veto;
d. monetary veto.
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25. The President cannot grant pardon in cases 29. Congressman Sugar Oll authored a bill
of impeachment. He may however exercise called House Bill No, 0056 which legalizes
such power when: jueteng. When the Bill became law (RA
a. A person convicted in an 10156), Fr. Nosu Gal, a priest, filed a petition
impeachment proceeding is subject seeking for the nullification of RA 10156 on
to prosecution, trial and punishment the ground that it is unconstitutional as it
in an ordinary criminal action; violates Section 13, Article II, of the 1987
b. A person convicted in an Constitution which states that "The state
impeachment proceeding is granted recognizes the vital role of the youth in
an absolute pardon; nation-building and shall promote and
c. A person convicted in an protect their physical, moral, spiritual,
impeachment proceeding files his intellectual, and social well-being". Fr. Gal
appeal before the Supreme Court; filed the petition as a concerned citizen and
d. None of the above. as taxpayer. Does Fr. Gal have locus standi?
a. No, because Fr. Gal has no personal
Judicial Department: and substantial interest that will be
prejudiced by the implementation of
26. When the Supreme Court sits en banc, the law;
cases are decided by the concurrence of a b. No, the law concerns neither citizens
majority of the members who: nor expenditure of public funds;
a. actually sent in memos on matters c. Yes, because the issue is of
for deliberation and called in their transcendental importance;
votes thereon; d. Yes, because as priest, Fr. Gal has
b. actually participated in the oral special interest in the well-being of
arguments and voted thereon; the youth.
c. actually took part in the deliberations 30. Where there is "the impossibility of a courts
on the issues in the case and voted undertaking independent resolution without
thereon; expressing lack of the respect due
d. actually took part in the voting coordinate branches of government; or an
thereon and took notes on the actual unusual need for unquestioning adherence
deliberations. to a political decision already made; or the
27. When the Supreme Court sits in division, potentially of embarrassment from
cases can be decided by as few as a multifarious pronouncement by various
minimum of: departments on a question," describes what
a. three votes; kind of political question:
b. four votes; a. adherence kind;
c. five votes; b. prudential kind;
d. six votes. c. respectful kind;
28. A person who has a personal and substantial d. deference kind.
interest in the case, such that he has 31. The "operative fact" doctrine of constitutional
sustained, or will sustain, direct injury as a law is applied when a law is declared:
result of its enforcement is considered to a. operative;
have: b. factual;
a. understanding to challenge the c. constitutional;
governmental act; d. unconstitutional.
b. standing to challenge the 32. In Oposa vs. Factoran, Jr., G.R. No. 101083,
governmental act; July 30, 1993, the Supreme Court held that
c. opportunity to challenge the the personality of the petitioners to sue is
governmental act; based on the concept of:
d. familiarity to challenge the a. ecological responsibility;
governmental act. b. environmental accountability;
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c. intergenerational responsibility; a. emergency power;
d. interdisciplinary responsibility. b. police power;
c. legislative power;
Judicial Recourse and Review d. power to declare martial law.
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57. The requirement of the Administrative Code
on "public participation" is that, if not
otherwise required by law, an agency shall:
a. in all cases, publish or circulate
notices of proposed rules and afford
interested parties the opportunity to
submit their views prior to the
adoption of any rule;
b. in all clear and proper cases, publish
or circulate notices of proposed rules
and afford interested parties the
opportunity to submit their views
prior to the adoption of any rule;
c. as far as practicable, publish or
circulate notices of proposed rules
and afford the party-list parties the
opportunity to submit their views
prior to the adoption of any rule;
d. as far as practicable, publish or
circulate notices of proposed rules
and afford interested parties the
opportunity to submit their views
prior to the adoption of any rule.
58. Under the Administrative Code, in the fixing
of rates, no rules or final order shall be valid
unless:
a. the proposed rates shall have been
submitted to the U.P. Law Center for
publication at least two weeks before
the first hearing thereon;
b. the proposed rates shall have been
published in the Official Gazette at
least two weeks before the final
hearing thereon;
c. the proposed rates shall have been
published in a newspaper of general
circulation at least two weeks before
the first hearing thereon;
d. the proposed rates shall have been
published in a newspaper of general
circulation at least two weeks before
the final hearing thereon.
59. Academic freedom shall be enjoyed:
a. in all public institutions;
b. in all elementary and high schools;
c. in all schools;
d. in all institutions of higher learning.
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