You are on page 1of 13

CONSTITUTIONAL LAW I Amendments and Revision:

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.

Parts: General Considerations:

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:
1
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

2
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.
3
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;
4
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.

33. In the judicial review of decisions of Power of Eminent Domain:


administrative agencies, the Administrative
Code requires that the review shall be made: 37. Which one of the following circumstances is
a. on the basis of the pleadings taken NOT an element of taking under eminent
as a whole; domain:
b. on the basis of the record taken as a a. entering upon public property for a
whole; momentary period;
c. on the basis of the evidence taken as b. under color of legal authority;
a whole; c. devoting it to public use;
d. on the basis of the memoranda taken d. as substantially to cust the owner of
as a whole. all beneficial ownership.
34. In the judicial review of decisions of 38. Market value for purposes of determining
administrative agencies, the Administrative just compensation in eminent domain has
Code requires that, except when specifically been described as the fair value of property:
provided otherwise by law: a. between one who desires to
a. the findings of law of agency when purchase and one does not desire to
supported by substantial evidence, sell;
shall be final; b. between one who desires to
b. the findings of fact of the agency purchase and one who wants to
when supported by preponderant delay selling;
evidence, shall be final; c. between one who desires to
c. the findings of fact of the agency purchase and one who desires to
when supported by substantial sell;
evidence, shall be final; d. between one who desires to
d. the findings of law of the agency purchase on terms and one who
when supported by credible desires to sell after a period of time.
evidence, shall be final.
Bill of Rights:
CONSTITUTIONAL LAW II
Due process- the rights to life, liberty and property
Powers of the State:
1. A criminal statute that "fails to give a person
35. The totality of governmental power is of ordinary intelligence fair notice that his
contained in three great powers: contemplated conduct is forbidden by
a. police power, power of statute" is:
sequestration, power of foreign a. void for fair notice;
policy; b. void for arbitrariness;
b. power of immigration, municipal c. void for vagueness.
power, legislative power;
c. executive power, legislative power, Searches and Seizure; Warrantless Search
judicial power;
d. police power, power of eminent 2. It is form of entrapment. The method is for
domain, power of taxation. an officer to pose as a buyer. He, however,
36. The most essential, insistent and the least neither instigates nor induces the accused to
limitable of (government) powers, extending commit a crime because in these cases, the
as it does to all the great public needs, is:
5
"seller" has already decided to commit a c. private individuals acting on orders of
crime. The offense happens right before the superiors;
eyes of the officer. Under these d. former high government officials.
circumstances: 6. The complementing regime that best
a. there is a need for an administrative characterizes the guarantees of freedom of
but not a judicial warrant for seizure speech and of the press are:
of goods and arrest of the offender; a. prior punishment and moderate
b. there is need for a warrant for the punishment;
seizure of the goods and for the b. prior censorship and subsequent
arrest of the offender; remedies;
c. there is no need for a warrant either c. no prior restraint and subsequent
for the seizure of the goods or for the punishment;
arrest of the offender; d. no prior restraint and no subsequent
d. the offender can be arrested but punishment.
there is a need for a separate
warrant for the seizure of the goods. Freedom of Speech, Expression and of the Press
3. Where a police officer observes unusual
conduct which leads him reasonably to 7. "Chilling effect" is a concept used in the area
conclude in light of his experience that of constitutional litigation affecting:
criminal activity may be afoot and that the a. protected speech;
persons with whom he is dealing may be b. protected executive privilege;
armed and dangerous and he identifies c. protected legislative discretion;
himself and makes reasonable inquiries, but d. protected judicial discretion.
nothing serves to dispel his reasonable fear 8. In the law of libel and protected speech, a
for his own or others safety, he is entitled to person who, by his accomplishments, fame,
conduct a carefully limited search of the or mode of living, or by adopting a profession
outer clothing of such persons for weapons. or calling which gives the public a legitimate
Such search is constitutionally permissible interest in his doings, his affairs, and his
and is known as a: character, has become a:
a. stop and search; a. public figure;
b. stop and frisk; b. celebrity;
c. stop and interrogate; c. public official;
d. be heard. d. de facto public officer.
9. Commercial speech is entitled to:
4. In the hierarchy of civil liberties, which right
a. more protection compared to other
occupies the highest preferred position:
constitutionally guaranteed
a. right to academic freedom;
expression;
b. right to a balanced and healthful
b. equal protection compared to other
ecology;
constitutionally guaranteed
c. right to freedom of expression and of
expression;
assembly;
c. lesser protection compared to other
d. right to equal health.
constitutionally guaranteed
5. Under Article III, Section 2 of the Bill of
expression;
Rights, which provides for the exclusion of
d. none of the above.
evidence that violate the right to privacy of
10. No liability can attach to a false, defamatory
communication and correspondence, to
statement if it relates to official conduct,
come under the exclusionary rule, the
unless the public official concerned proves
evidence must be obtained by:
that the statement was with knowledge that it
a. private individuals acting on their
was false or with reckless disregard of
own;
whether it was false or not. This is known as
b. government agents;
what rule?
6
a. libel malice rule; Freedom of Religion
b. actual malice rule;
c. malice in fact rule; 14. Optional religious instruction in public
d. legal malice rule. elementary and high schools is allowed
provided it be:
Tests: Freedom of Expression a. without additional overtime cost to
Government;
11. Which one of the following is not a proper b. without additional cost to
test in cases of challenges to governmental Government;
acts that may violate protected speech: c. without additional cost for religious
a. clear and present danger; books to Government;
b. balancing of interests; d. without additional power
c. reasonable relation; consumption costs to Government.
12. The Gangnam Styles Witnesses (whose 15. The free exercise and non-establishment
tenets are derogatory to the Catholic clauses pertain to which right under the Bill
Church), applied for a permit to use the of Rights:
public plaza and kiosk to hold their religious a. liberty of movement;
meeting on the occasion of their founding b. liberty of abode;
anniversary. Mayor Lebron allowed them to c. religion;
use the northwestern part of the plaza but d. life and liberty.
not the kiosk (which is a few meters away
from the Catholic church). Members of the Rights of the accused under custodial investigation:
Gangnam Style Witnesses claim that the act
of Mayor Lebron is a violation of their 16. Under Article III, Section 12 of the
freedom of assembly and religion. Is this Constitution, any person under investigation
correct? for the commission of an offense shall have
a. No, because this is valid exercise of the right to be informed of his right to remain
police power; silent, etc. The investigation referred to is
b. Yes, because the plaza being of called:
public use can be used by anybody a. preliminary investigation;
regardless of religious belief; b. summary investigation;
c. No, because historical experience c. criminal investigation;
shows that peace and order may be d. custodial investigation.
disturbed whenever two opposing
religious groups or beliefs expound Assistance of Counsel:
their dogmas;
d. Yes, because there is no clear and 17. Accused was charged with slight illegal
present danger in holding a religious detention. On the day set for the trial, the
meeting by another religious group trial court proceeded as follows:
near a catholic church.
13. Which one is NOT a recognized limitation to
"Court: to the Q: "Do you have an attorney or
the right to information on matters of public
accused: are you going to plead guilty?"
concern:
a. national security matters; A: "I have no lawyer and i will
b. trade secrets and banking plead guilty."
transactions;
c. criminal matters or classified law
enforcement matters; Accused was then arraigned, pleaded guilty,
d. government research data used as a was found guilty and sentenced. On appeal,
basis for policy development. the Supreme Court reversed. The accused
was deprived of his:
7
a. right to cross-examination; c. Wherein he/she has been duly
b. right to be presumed innocent; notified of the trial;
c. right to counsel; d. Wherein the accused has already
d. right to production of evidence. been arraigned.
e. stop and detain.
Confrontation: 22. The right of the accused to be informed is
violated if:
18. The constitutional right of an accused "to a. he was accused of killing his wife by
meet the witnesses face to face" is primarily strangulation but it was proven that
for the purpose of affording the accused an his wife died of poisoning;
opportunity to: b. it was proven that he killed
a. identify the witness; somebody on a date different from
b. cross-examine the witness; the one alleged in the information;
c. be informed of the witness; c. he was charged with parricide but
d. be heard. was convicted of murder, because it
turned out that he and the victim
Constitutional Rights of the accused: were not married;
d. the accused was charged with
19. All persons charged shall, before conviction, commission of acts of lasciviousness
be bailable by sufficient sureties, except and was convicted of unjust
those charged with: vexation.
a. offenses punishable by death when
evidence of guilt is strong; Right Against Self-Incrimination:
b. offenses punishable by life
imprisonment when evidence of guilt 23. The right of the accused against self-
is strong; incrimination will be violated if:
c. offenses punishable by death when a. he is charged with violation of the
evidence of guilt is weak; Anti-Money Laundering Act and he
d. offenses punishable by reclusion was required to produce his bank
perpetua when evidence of guilt is passbook;
strong. b. he is a public officer charged with
20. Criminal trial may proceed, notwithstanding amassing ill-gotten wealth and his
the absence of the accused provided that he statement of assets and liabilities will
has been duly notified, and his failure to be presented as evidence;
appear is unjustifiable, after: c. his gun was subjected to a ballistics
a. preliminary investigation; test;
b. arraignment; d. a sample of his blood was taken if
c. sentencing; his blood type matches the blood
d. prosecution has rested its case. type found at the scene of the crime.
21. The requisites of a valid trial in absentia
exclude: Requisites of Double Jeopardy
a. Wherein his/her failure to appear is
unjustifiable; 24. Butchoy installed a jumper cable. He was
b. Wherein he/she allows prosecuted under a Makati ordinance
himself/herself to be identified by the penalizing such act. He moved for its
witness in his/her absence, without dismissal on the ground that the jumper
further unqualified admitting that cable was within the territorial jurisdiction of
every time a witness mentions a Mandaluyong and not Makati. The case was
name by which he/she is known, it dismissed. The City of Mandaluyong
shall be understood to refer to thereafter filed a case against him for theft
him/her;
8
under the Revised Penal Code (RCP). Is b. grave danger of invasion or rebellion
there double jeopardy? when the public safety requires it;
a. No. The first jeopardy was c. clear and present danger of invasion
terminated with his express consent; or rebellion when the public safety
b. Yes. This is double jeopardy of the requires it;
second kind prosecution for the d. invasion or rebellion when the public
same act under an ordinance and a safety requires it.
law;
c. Yes. He is prosecuted for the same Death Penalty:
offense which has already been
dismissed by the City of Makati; 27. The death penalty shall not be imposed:
d. No. The second kind of double a. unless for compelling reasons
jeopardy under Section 21, Article III involving death penalty crimes and
only contemplates conviction or the executive hereafter provides for
acquittal which could terminate a first it;
jeopardy. b. unless for compelling reasons
e. void conclusively. involving heinous crimes and a
25. In which of the following would there be no constitutional amendment provides
double jeopardy even if a subsequent case for it;
is filed? c. unless for compelling reasons
a. Pot is accused before the RTC of involving heinous crimes and
qualified theft. After innumerable Congress hereafter provides for it;
postponements against Pots wishes, d. unless for compelling reasons
he moves for dismissal for denial of involving heinous crimes and the
the right to a speedy trial. Prosecutor Supreme Court hereafter upholds it.
objected. Dismissal granted; 28. An ex post facto law has been defined as
b. Pot is accused before the RTC of one:
qualified theft. After innumerable a. which aggravates a crime or makes it
postponements against Pots wishes, lesser than when it was committed;
the prosecutor moves for dismissal b. which mitigates a crime or makes it
with the consent of Pot. Granted; lesser than when it was committed;
c. Pot is accused before the RTC of c. which aggravates a crime or makes it
qualified theft. After innumerable greater than when it was committed;
postponements against Pots wishes, d. which aggravates a crime or makes it
he moves for dismissal for denial of non-criminal after it was committed.
the right to a speedy trial. Prosecutor 29. A bill of attainder is:
posts no objections. Dismissal a. an executive act which inflicts
granted; punishment without tender;
d. Pot is accused before the RTC of b. a judicial act which inflicts
qualified theft. After innumerable punishment without tender;
postponements against Pots wishes, c. a legislative act which inflicts
the prosecutor moves for dismissal punishment without trial;
over the objections of Pot. Granted. d. a legislative act which pardons
punishment after tender.
Habeas Corpus: e. dangerous tendency.

26. The privilege of the writ of habeas corpus Citizenship:


shall not be suspended except in cases of:
a. imminent danger of invasion or 1. Basic Philippine law, in respect of the modes
rebellion when the public safety of acquiring citizenship, follows the rule(s) of:
requires it; a. jus soli and jus sanguinis;
9
b. naturalization and provides for jus 31. The Civil Service shall be administered by
soli; the Civil Service Commission composed of
c. jus sanguinis and provides for a:
naturalization; a. Chairman and a Commissioner;
d. none of the above. b. Chairman and two (2)
2. Dual allegiance by citizen is: Commissioners;
a. inimical to the national interest and is c. Chairman and three (3)
therefore proscribed by law; Commissioners;
b. inimical to the national interest and is d. Chairman and four (4)
therefore prescribed by law; Commissioners.
c. inimical to the national interest and 32. Which one of the following is NOT an
therefore shall be dealt with by law; independent Constitutional Commission
d. inimical to the national interest and is under Article IX, Section 1 of the
therefore outside of coverage of law. Constitution:
3. Margarita was born in 1986 to a Filipino a. Commission on Elections;
mother and Swedish father. She has been b. Commission on Human Rights;
living and continues to live in the US for the c. Civil Service Commission;
last 20 years and has also been naturalized d. Commission on Audit.
as a US citizen. She recently reacquired
Philippine citizenship under RA 9225, the Sec. 18 of Article XIII:
Citizenship Retention and Reacquisition Act
of 2003. Can Margarita vote in the next 33. The principal function of the Commission on
national elections? Human Rights is:
a. Yes. Dual citizens who are not a. issue writs of injunction/ restraining
residents may register under the orders;
Overseas Absentee Voting Law. b. investigatory;
b. Yes. Margarita is a Filipino citizen c. quasi-judicial;
and thus may enjoy the right to d. rule-making.
suffrage like everyone else without
registering as an overseas absentee Accountability of Public Officers: Impeachment
voter. (Grounds)
c. No. Margarita fails the residency
requirement under Section 1, Article 34. Which one is NOT among the
V of the Constitution for Filipinos. Constitutionally mandated grounds for
d. No. Dual citizens upon renunciation impeachment of impeachable officials:
of their Filipino citizenship and a. culpable violation of the Constitution;
acquisition of foreign citizenship, b. treason, bribery, graft and corruption
have practically and legally and other high crimes;
abandoned their domicile and c. betrayal of public trust;
severed their legal ties to their d. culpable violation of the duty to be at
homeland as a consequence. all times accountable to the people.
35. Which is NOT an impeachable public officer:
Constitutional Commissions: a. a justice of the Supreme Court;
b. a commissioner of the Comelec;
30. The independent Constitutional c. the administrator of the Supreme
Commissions enjoy: Court;
a. decisional autonomy; d. the Ombudsman.
b. organizational autonomy; 36. Which has the exclusive power to initiate all
c. fiscal autonomy; cases of impeachment:
d. quasi-judicial autonomy. a. the Senate;
b. the House of Representatives;
10
c. the Senate President; a. Bankers Association of the
d. the Speaker of the House of Philippines;
Representatives. b. Philippine Mission of the
37. At least one-third of all the members of the International Monetary Fund;
House of Representatives may file articles of c. Central Bank of the Philippines;
impeachment by: d. World Bank, Philippine Affiliate.
a. verified bill and resolution; 43. The President may contract or guarantee
b. verified complaint and resolution; foreign loans on behalf of the Republic of the
c. verified notice and resolution; Philippines only upon prior concurrence of
d. verified complaint and notice. the:
38. A public officer impeached and removed a. House of Representatives;
from office shall: b. Senate;
a. nevertheless be immure from c. Central Bank;
prosecution, trial and punishment d. Monetary Board.
according to law; 44. Bona fide associations of citizens which
b. nevertheless be liable and subject to demonstrate capacity of promote the public
prosecution, trial and punishment interest and with identifiable leadership,
under the Anti-Graft and Corrupt membership, and structure are:
Practices Act; a. independent party-list organizations;
c. nevertheless be liable and subject to b. independent sectoral organizations;
prosecution, trial and punishment c. independent indigenous
according to law; organizations;
d. nevertheless be liable and subject to d. independent peoples organizations.
prosecution, trial and punishment
only for criminal acts under the law. Public International Law
39. The Ombudsman and his deputies are
appointed by the President from a list Sources of International Law
prepared by:
a. the Integrated Bar of the Philippines; 45. Under Article 38(1) of the Statute of the
b. the Commission on Appointments; International Court of Justice, which one of
c. the Judicial and Bar Council; the following is NOT considered a source of
d. the Supreme Court. international law:
40. SALN means: a. international conventions;
a. Summary of assets, liabilities and net b. international custom;
worth; c. international humanitarian law;
b. Statement of assets in banks, d. general principles of law.
liabilities and net worth; 46. In international law, it is a norm which States
c. Statement of assets, liabilities and cannot derogate or deviate from their
net worth; agreements:
d. Statement of personal assets, a. terra nullius;
liabilities and net worth. b. opinio juris;
41. The independent economic planning agency c. jus cogens;
of the Government as provided for by the d. jus cogentus.
Constitution is the: 47. In international law, the status of an entity as
a. National Privatization Office; a State is accepted by other States through
b. National Productivity Commission; this act. It is the "act by which another State
c. National Economic Development acknowledges that the political entity
Authority; recognized possesses the attributes of
d. National Economic Council. statehood."
42. The Independent Central Monetary Authority a. accession;
of the Government is the: b. recognition;
11
c. acknowledgment; 53. One of the cardinal primary due process
d. attribution. rights in administrative proceedings is that
48. An act or process by which a State, in evidence must be "substantial." "Substantial
compliance with a formal demand or request, evidence" is:
surrenders to another State an alleged a. less than a mere scintilla;
offender or fugitive criminal who has sought b. less than preponderant scintilla;
refuge in the territory of the first State, in c. more than a glint of scintilla;
order to stand trial or complete his prison d. more than a mere scintilla.
term: 54. A statutory provision requiring the President
a. extramediation; or an administrative agency to present the
b. exterrertioriality; proposed implementing rules and regulations
c. extradition; of a law to Congress which by itself or
d. extraterritoriality. through a committee formed by it, retains a
49. This doctrine considers the general or "right" or "power" to approve or disapprove
customary norms of international law as a such regulations before they may take effect,
part of municipal law and are to be enforced is a:
as such, without regard as to whether they a. legislative encroachment;
are enacted as statutory or legislative rules b. legislative veto;
or not: c. legislative oversight;
a. accession; d. legislative scrutiny.
b. incorporation;
c. accretion; Powers of Administrative Agencies
d. adoption.
55. Which one of the enumeration below does
Law of the Sea not come under the Administrative Code
definition of a "rule":
50. Under the United Nations Conference of the a. agency statement of general
Law of the Sea (UNCLOS), the extent of the applicability that implements or
contiguous zone is: interprets a law;
a. 3 nautical miles from the lowest b. fixes and describes the procedures
water mark; in or practice requirements of, an
b. 12 miles from the outer limits; agency;
c. 12 miles from the lowest water mark; c. includes memoranda and statements
d. 200 miles from the outer limits. concerning internal administration;
51. It is a line from which the breadth of the d. an agency process for the
territorial sea and other maritime zones is formulation of a final order.
measured: 56. Under the Administrative Code,
a. contiguous line; "adjudication" means:
b. economic line; a. whole or any part of any agency
c. baseline; permit, certificate, or other form of
d. archipelagic line. permission, or regulation of the
52. It is a maritime zone adjacent to the territorial exercise of a right or privilege;
seas where the coastal state may exercise b. an agency process for the
certain protective jurisdiction: formulation of a final order;
a. baseline zone; c. agency process for the formulation,
b. contiguous zone; amendment, or repeal of a rule;
c. transit zone; d. agency process involving the grant,
d. appurtenant zone. renewal, denial, revocation or
conditioning of a license.
Administrative Law

12
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.

13

You might also like