1. Which of the following public official can exercise the DOCTRINE OF AUGMENTATION:
a Presiding Justice of the Sandiganbayan
b Solicitor General
c COA Chairman
d Senate majority floor leader
e none of the above
2. All BILLS must pass three (3) readings:
a True
b True, on separate days
c False
d False, only two (2) readings
e None of the above.
3. The power of the President to appoint carries with it the power to remove:
a true
b true, on non-career positions
c true, on career positions
d true, on both career and non-career positions
e false
4. Which of the following cannot be changed by an ordinary law enacted by Congress:
a Opening of the regular session of Congress;
b Date of the regular election for President and Vice President;
c Regular election of the members of Congress;
d Commencement of the term of office of Senators;
e All of the above.
5. Which of the following is constitutionally required when the Supreme Court renders a Decision?
a. presence of the majority members
b. deliberation
c. facts and the law where the decision shall be based
d. consultation
e. concurring and dissenting opinions
6. A doctrine or principle of law may be modified or reversed by the Supreme Court.
a True
b False
c True, only by the Court sitting En Banc
d True, even by the Court sitting in Division
e None of the above
7. Lower courts, collegiate courts and the Supreme Court should decide cases within its jurisdiction within:
a 3 months, 9 months and 24 months respectively
b 9 months, 12 months and 18 months respectively
c 3 months, 12 months and 24 months respectively
d 9 months, 12 months and 24 months respectively
e 3 months, 18 months and 24 months respectively
8. The following are the requisites of a judicial inquiry: except:
a question raised by a proper party
b declaration of the court of unconstitutionality
c raising the question on the earliest possible opportunity
d actual case or controversy
e constitutional question is the lis mota of the case
9. Which of the following is not qualified to be a political party?
a foreign organization
b organization with unlawful purpose
c non-believer of the Constitution
d religious sect
e all of the above
10. Permanent personnel of the government can be suspended or dismissed.
a True, only for a cause;
b True, after a preventive suspension;
c True, after administrative investigation;
d A and B;
e A and C.
11. Any of the following may propose amendment to the Constitution except:
a a constitutional convention called 2/3 vote of all its members of Congress
b a petition representing 12% of the nation’s registered voter wherein each legislative district is represented by 3%
c ¾ vote of all the members of Congress
d a petition representing 12% of the nation’s registered voter wherein each legislative district is represented by 5%
e all of the above
12. Under the fundamental principles and policies of the State, which of the following statement is FALSE:
a Municipal law is superior than international law;
b Recognition of the superiority of women with men;
c Non-encroachment of the government on purely ecclesiastical activities;
d Indigenous communities are recognized;
e Civilian authority is always supreme over the military.
13. The Congress is mandated by the Constitution to vote jointly and obtain the majority vote of all its members in case of:
a confirmation of the President’s nomination of a Vice President
b concurring with the President’s grant or amnesty
c revocation of the President’s declaration of Martial Law
d granting tax exemption
e none of the above
14. Which of the following statement is true?
a Amendments may still be made after the 3rd reading of a bill
b Both the Senate and the House of Representative shall have a joint journal.
c gerrymandering is allowed under the 1987 Constitution
d A member of Congress may be arrested for any crime committed
e none of the above
15. The three inherent powers of the state are always integral parts of the Constitution.
a True
b False, because the 3 inherent powers of the state are not always integral parts of the Constitution
c False, because they are not always present in the Constitution
d False, because they are not always present in the State
e None of the above.
16. The Constitution is the basic and paramount law of the land.
a True
b False, because it is not basic law
c False, because it is not only law of the land but also law of the sea
d False, because it is not at all important
e None of the above
17. Appeal is part of our due process.
a True
b False, because it is not part of due process
c False, it is merely a statutory right
d False, because appeal must be so provided in the Constitution to be part of due process
e None of the above
18. There are two steps in the amendments of our Constitution.
a True
b False, because there are many other steps
c False, because judicial review is the 3rd step
d False, because the Court may also provide another step
e None of the above
19. By actual case as requisite of judicial inquiry is meant a case that can never be dismissed on mere technicality.
a True
b False, because any case is enough
c False, because even an opinion or consulta complies with the requirements
d False, because actual case is not at all necessary
e None of the above
20. Only the government and its agencies can exercise the power of eminent domain.
a True
b False, because private entities may also exercise the power
c False, because not all government agencies can exercise the power
d False, because even government agencies need specific authority to do so
e None of the above
21. The death penalty by lethal injection law is unconstitutional for being contrary to Sec. 19 (1) of Art. III of the Constitution.
a True
b False, because death sentence is not included in the enumeration of the said section
c False, because killing is not cruel
d False, because killing is not degrading
e None of the above
22. The police power of the state is naturally exercised by the police only.
a True
b False, because it is exercised by the National Legislature, the President and local lawmaking bodies including barangay councils
c False, because the police does not exercise the police power
d False, because police power is outside the authorities of the police
e None of the above
23. A lotto operator cannot be stopped in his operation until the expiration of his license or franchise.
a True
b False, because he can be stopped by the police anytime
c False, because it depends on his budget for the police.
d False, because it depends upon the policy as determined by the State
e None of the above
24. In the exercise of the power of eminent domain, the applicant can use property only after its ownership is transferred to him.
a True
b False, because it takes time before ownership is transferred
c False, because the applicant does not acquire ownership
d False, because applicant has to wait for the owner to yield the property
e None of the above.
25. Double taxation is Constitutional.
a True
b False, because it is unconstitutional
c False, because it is illegal
d False, because the Constitution does not allow double taxation
e None of the abov
26. “Life” as used in the due process clause of the Constitution refers only to the natural life of a natural person.
a True
b False, because it refers not only to natural life but even artificial life.
c False, because it also refers to the natural life of artificial persons.
d False, because life refers to the physical life of a natural person.
e None of the above
27. Right to be heard as a requirement of due process means that without having been heard, a party is denied due process
a True
b False, because it is enough that he is given chance to be heard
c False, because hearing refers to literal meaning only
d False, because it is meaningless without actual presentation of his side
e None of the above
28. Determination of probable cause must be made personally by the judge based on his personal examination of complainant and his witnesses.
a True
b False, because determination of probable cause maybe made by anybody
c False, because it may be made not personally by the judge
d False, because the judge may rely on the examination by the Fiscal
e None of the above
29. Articles illegally seized under Art. III, Sec 3 (2) of the Constitution are not admissible as evidence in all proceedings.
a True except that may be admissible if the case is against the party who made the illegal seizure.
b False, because illegally seized articles may be admissible on a case to case basis
c False, because the court may decide to admit the articles
d False, because it depends upon the degree of the illegality of seizure
e None of the above
30. Arrest maybe made only if there is a warrant of arrest.
a True
b False, because person arresting may not be authorized even in the presence of warrant of arrest
c False, because there are instances when arrest can be made despite the absence of warrant of arrest.
d False, because arrest depends on many factors
e None of the above
31. The integration of all lawyers into one Bar Association known as IBP is violative of the Constitutional Right of a person to associate with people of his choice.
a True
b False, because integration does not compel a person to associate with persons not of his own choice
c False, because a person may not even associate with the other lawyers by not attending their meetings
d False, because what is needed is the payment of his annual dues and not his attendance in meetings
e None of the above
32. Ex-post facto law is always disadvantageous to the accused.
a True
b False, because not all ex-post facto laws are disadvantageous to the accused
c False, because there are some good ex-post facto law
d False, because an accused may not be adversely affected by an ex-post facto law
e None of the above
33. There is no instance when the writ of habeas corpus is suspended.
a True
b False, because sometimes the writ of habeas corpus is suspended
c False, because the writ and privilege of habeas corpus maybe suspended
d False, because it is only the writ of habeas corpus that is suspended
e None of the above
34. The Supreme Court cannot inquire into the factual basis for the declaration of Martial Law because the President has better information upon which the declaration was based.
a True
b False, because the information of the President are not accurate
c False, because the information of the President maybe incomplete
d False, because the Supreme Court may have better information than that of the President
e None of the above
36. Once a court fails to decide a case within a period fixed by the Constitution, the case maybe dismissed for lack of jurisdiction.
a True
b False, because the Court does not lose jurisdiction over the case
c False, because nobody can compel the judge to decide the case
d False, because the case can proceed without prejudice to sanctions against the judge
e None of the above
37. A Filipino man who secured an ecclesiastic divorce from his wife and then married another in a Civil Ceremony cannot be prosecuted for bigamy.
a True
b False, because separation of church and state does not prevent prosecution for bigamy
c False, because he did not wait for sufficient time to lapse
d False because of religious freedom
e None of the above
38. The PRA convict who survived the 1st lethal injection due to his strong body constitution can no longer be injected a second time without violating his right to due process and against double jeopardy.
a True
b False, because the facts do not consist double jeopardy or violations of due process
c False, because nobody can stop the 2nd injection
d False, because it would depend on whose fault was it that the 1st injection did not accomplish the purpose
e None of the above
39. After waiving his right to counsel, an LLB graduate handled his defense for murder but during his appeal, he argued that his waiver was invalid.
a True
b False, because his waiver was valid
c False, because his waiver did not comply with the requirements
d False, because he can no longer question his waiver
e None of the above
40. In naturalization cases, a decision granting three petition shall become executory after 2 years only although it becomes final after 30 days after notice.
a True
b False, because finality and executoriness always occur at the same time
c False, because 2 years for the decision to become a executory is too long a period
d False, because just like any other decision, the decision should become final after 15 days
e None of the above
41. Trial in absentia is always conducted every time the accused is absent.
a True
b False, because trial in absentia is not always conducted during the absence of the accused
c False, because it is not proper
d False, because it depends upon the prosecutor
e None of the above
42. During custodial investigation, a suspect is entitled to services of counsel, which cannot be waived.
a True
b False, because the suspect may waive the services of counsel
c False, because a counsel may not be needed during the custodial investigation
d False, because waiver of counsel is never allowed
e None of the above
43. During preliminary investigation before the prosecutor, the service of counsel is not waivable.
a True
b False, because waivable
c False, because services of counsel are not needed
d False, because weather or not the services of counsel are waivable depends upon the investigator
e None of the above
43. Which of the following is not a doctrine in Administrative Law:
a Doctrine of Qualified Political Agency;
b Doctrine of Exhaustion of Administrative Remedies;
c Doctrine of Prior Resort;
d Doctrine of Necessary Implication;
e None of the above.
44. Which of the following is not a source of Administrative Law:
a Constitutional or statutory enactments creating administrative bodies;
b Decisions of courts interpreting the charters of administrative bodies and defining their powers, rights, inhibitions, among others, and the effects of their determinations and regulations;
c Rules and regulations issued by the administrative bodies in pursuance of the purposes for which they were created;
d Determinations and orders of the administrative bodies in the settlement of controversies arising in their respective fields;
e None of the above.
45. Which of the following is not included in the definition of the Government of the Republic of thePhilippines?
a Autonomous regions;
b Local government units;
c State universities and colleges;
d Government-owned and controlled corporations performing proprietary functions;
e None of the above.
46. Which of the following is not descriptive of a government instrumentality?
a An agency not integrated within the department framework;
b An agency vested by law with special functions or jurisdiction;
c An agency endowed with some, if not all, corporate powers;
d An agency enjoying operational autonomy, usually through a charter;
e None of the above.
47. Which of the following is not a requisite of a valid administrative regulation?
a Its promulgation must be authorized by the legislature;
b It must be within the scope of the authority granted by the legislature;
c Its promulgation must be in accordance with the prescribed procedure;
d It must not be unreasonable;
e None of the above
48. State which administrative regulation need not be published.
a Interpretative regulation
b Legislative regulation
c Contingent regulation
d Supplemental regulation
e None of the above
49. Which statement is not correct?
a An administrative agency vested with the power to investigate is considered a quasi-judicial agency;
b Res judicata applies to decisions of administrative agencies only if said decision was rendered in the exercise of its quasi-judicial power;
c The power of contempt is not inherent in administrative bodies vested with quasi-judicial power;
d Prior notice and hearing is mandatory when an administrative agency is engaged in the exercise of its quasi-judicial power;
e None of the above.
50. Which statement is not correct?
a Failure to observe the doctrine of primary jurisdiction is a ground to dismiss the case based on jurisdictional ground;
b Failure to observe the doctrine of exhaustion of administrative remedies is a ground to dismiss the case on the ground of lack of cause of action;
c Non-exhaustion of administrative remedies as a ground to dismiss the case may not be waived;
d All of the above
e None of the above
Answer Key:
- C
- B
- B
- E
- C
- C
- C
- B
- E
- E
- D
- B
- C
- E
- C
- A
- C
- A
- E
- B
- E
- B
- D
- B
- A
- E
- B
- D
- A
- C
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