MCQs in BILL OF RIGHTS

__01. Prepared by Atty. Hilario Justino F. Morales Which of the following inherent powers of the government regulates both the right to liberty and property? A) police power B) power of taxation C) power of eminent domain D) only A & B Which of the following inherent powers of the government is constitutionally delegated to local government units? A) police power B) power of taxation C) power of eminent domain D) only A & B Which of the following cannot exercise delegated legislative powers? A) President B) Department of Labor and Employment C) Metro Manila Development Authority D) Sanggunian Bayan Which of the following cannot exercise delegated power of eminent domain? A) Philippine National Railways B) Philippine Long Distance Company C) Manila Electric Company D) San Miguel Corporation A procedural requirement mandated by the Local Government Code to be complied with by local government units before exercising the power of eminent domain. A) Payment of just compensation B) Taking of private property C) Conduct of public hearing D) Valid and definite offer to buy the property and the same is rejected by the owner The remedy available to a property owner should the expropriator fails to pay just compensation. A) recovery of possession of the expropriated property B) demand payment of the fair market value of the property C) demand payment of interest from the time of taking until just compensation is actually paid to him D) only B and C The remedy available to the property owner if the expropriator fails to use the property expropriated in accordance with its intended purpose. A) recovery of possession of the expropriated property B) demand payment of the fair market value of the property C) demand payment of interest from the time of taking until just compensation is actually paid to him D) only B and C Is there taking of property if a municipal ordinance prohibits the construction of a building that would obstruct the view of a town plaza? A) Yes, because the owner is deprived of the beneficial use of his property. B) Yes, because the owner is deprived of full control over his property. C) No, because the property remains in the possession of the owner. D) No, because the property can still be used by the owner for other purposes. The provisions of the Bill of Rights can be invoked against A) a private natural person B) a private juridical entity C) the State D) only B & C

__02.

__03.

__04.

__05.

__06.

__07.

__08.

__09.

__10. As a general rule, is the right to appeal a part of due process? A) Yes, Section 1 of the Bill of Rights expressly guarantees the right to due process. B) Yes, it is an inherent right available to all persons. C) No, because it is not a natural right. D) No, because it is merely a statutory right. __11. Procedural administrative due process includes A) Notice B) Opportunity to be heard C) Decision supported by substantial evidence disclosed during the hearing D) only A & B __12. ABC was arrested by virtue of a warrant of arrest. At that time, ABC was sleeping so he was pulled out of the room. The other police officers remained inside the room and ransacked the locked cabinet where they found a firearm and ammunition. Is the warrantless search and seizure of the firearm and ammunition valid? A) Yes, it is made as an incident to a valid arrest. B) Yes, it is one instance of a valid warrantless search. C) No, the firearm and ammunition seized are fruits of a poisonous tree. D) No, the firearm and ammunition were seized not on the person of the one arrested or within the area of his immediate control. __13. It is an impermissible content-based restriction on speech where the speech is prohibited due to an anticipated disorderly or violent reaction of the audience. A) Presidential Veto B) Legislative Veto C) Hecklers Veto D)Pocket Veto __14. Under prevailing jurisprudence, which of the following tests of valid interference to freedom of expression is applied to content-based restrictions? A) Dangerous Tendency Test B) Clear and Present Danger Test C) Balancing of Interest Test D) Direct Incitement Test __15. Which of the following contracts is protected by the Non-impairment clause of the Constitution? A. A contractual stipulation limiting the use of a parcel of land between a buyer and seller impaired by a zoning ordinance. B. Rate of rentals of dwelling units regulated by the Rental Law. C. Assignment of salaries of public schoolteachers discontinued by an administrative order. D. Commercial Agreement and Joint Services Agreement between the Philippine Airlines and Kuwait Airways automatically terminated by the Commercial Memorandum of Understanding between Kuwait and the Philippine Government. __16. Is the right to strike available to government employees? A) Yes, it forms a part of freedom of expression and peaceful assembly. B) Yes, they have the right to petition the government for redress of grievances. C) No, public office is a public trust and public officers must serve with the highest degree of efficiency and integrity. D) No, terms and conditions of employment in the government is governed by law. __17. The test to determine whether a government act or policy must have a secular purpose, or the same does not promote any set of religious belief, or not to get the government too closely involved with religion, and so as not to violate the NonEstablishment Clause of the Constitution is known as the A. Compelling State Interest test B. Dangerous Tendency Test C. Clear and Present Danger Test D) Lemon Test

__18. Which of the following violates the Non-Establishment Clause and freedom of religion as held by jurisprudence? A. Issuance by the Postmaster General of printed postage stamps commemorating the 33rd International Eucharistic Congress in the Philippines sponsored by the Catholic Church. B. Review by the Board of Review for Motion Pictures and Television of the television tapes of an Iglesia ni Cristo TV Program prior to its airing. C. Religious instruction being conducted in public elementary and secondary schools during regular class hours. D. PD 1564, the Solicitation Law, which prohibits and penalizes the act of soliciting funds for the renovation of a barangay chapel without a permit from the Department of Social Welfare and Development. __19. The scope of the Exclusionary Rule under the Bill of Rights does not apply to violation of A) right to privacy B) right against unreasonable searches and seizures C) rights of person under custodial investigation D) right to counsel __20. Which of the following Miranda rights cannot be waived A) right to remain silent B) right to counsel C) right to be informed of such rights D) right to be informed of the nature and cause of accusation against an accused __21. Which of the following is protected by the rights guaranteed under the Miranda Doctrine? A. when a person is made to stand during a police line-up B. when a person issues a statement to media reporters C. when a person makes a statement made during an administrative investigation D. when a person signs a receipt for the plastic bag and its shabu content __22. Which of the following legal assistance given to a person under custodial investigation is one that is independent and effective as mandated by law? A) by a lawyer-police officer B) by a public or private prosecutor C) by the City Legal Officer D) the President, XYZ Chapter of the Integrated Bar of the Philippines __23. Which of the following acts is protected by the right against self-incrimination A) fingerprinting B) photographing C) affixing signature D) paraffin testing __24. The citizens right to information covers A) matters involving inter-government exchanges prior to consultation of treaties and executive agreements B) matters involving military and diplomatic secrets C) matters involving national security D) access to governmental research data used as basis for policy development __25. The right to speedy trial can be invoked by a party in A) administrative cases B) civil cases C) quasi-judicial hearings D) criminal proceedings

__26. The Exclusionary Rule under the Bill of Rights applies to admissions made in A) criminal investigation B) administrative investigation C) legislative investigation D) only A & C __27. The right against self-incrimination is available in A) criminal investigation B) administrative investigation C) legislative investigation D) all of the above __28. An ordinary witness invoking the right against self-incrimination can refuse to A) attend the investigation or trial/hearing of the case B) take the witness stand C) answer questions requiring incriminatory answers D) only B & C __29. A second prosecution for the same offense after acquittal violates double jeopardy when A) a mistake has been made in charging the proper offense B) the case is not filed in the proper court C) there is a mistrial D) dismissal based on insufficiency of evidence __30. The prohibition on the passage of ex post facto law applies to A) statutory penal laws B) administrative rules and regulations with penal sanctions C) extradition treaty D) only A & B SUGGESTED ANSWERS: 01.B 02.B 03.C 04.D 05.D 06.D 07.A 08.A 09.C 10.C 11.D 12.D 13.C 14.B 15.D 16.D 17.D 18.D 19.D 20.C 21.D 22.D 23.C 24.D 25.D 26.A 27.D 28.C 29.D 30.D