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(1) Filipino citizenship may be acquired through (B) No, the action of the DOTC Secretary bears (B)

s (B) infidelity in the custody of public records.


judicial naturalization only by an alien ✔ only the implied approval of the President who
is not precluded from reviewing the decision of (C) falsification of public documents.
(A) born, raised, and educated in the Philippines the former.
who has all the qualifications and none of the (D) false testimony.
disqualifications to become a Filipino citizen. (C) Yes, when there is no law providing an appeal
to the Office of the President, no such appeal (5) Mario, a Bureau of Customs’ examiner, was
(B) who has all the qualifications and none of the may be pursued. administratively charged with grave misconduct
disqualifications to become a Filipino citizen. and preventively suspended pending
(D) Yes, the doctrine of qualified political agency investigation. The head of office found him guilty
(C) born and raised in the Philippines who has all renders unnecessary a further appeal to the as charged and ordered his dismissal. The
the qualifications and none of the Office of the President. decision against him was executed pending
disqualifications to become a Filipino citizen. appeal. The Civil Service Commission (CSC)
(3) Where A is set for promotion to subsequently found him guilty and after
(D) whose mother or father is a naturalized Administrative Assistant III and B to the post of considering a number of mitigating
Filipino and who himself is qualified to be Administrative Assistant II vacated by A, the circumstances, reduced his penalty to only one
naturalized. appointing authority must ✔ month suspension. Is Mario entitled to back
salaries? ✔
(2) Jax Liner applied for a public utility bus (A) submit to the CSC the two promotional
service from Bacolod to Dumaguete from the appointments together for approval. (A) Yes, the reduction of the penalty means
Land Transportation Franchising and Regulatory restoration of his right to back salaries.
Board (LTFRB). BB Express opposed. LTFRB ruled (B) not appoint B until the CSC has approved A’s
in favor of Jax. BB appealed to the Secretary of appointment. (B) No, the penalty of one month suspension
the Department of Transportation and carries with it the forfeiture of back salaries.
Communication (DOTC), who reversed the LTFRB (C) submit to the Civil Service Commission (CSC)
decision. Jax appealed to the Office of the the second appointment after its approval of the (C) No, he is still guilty of grave misconduct, only
President which reinstated the LTFRB’s ruling. BB first. the penalty was reduced.
Express went to the Court of Appeals on
certiorari questioning the decision of the Office (D) simultaneously issue the appointments of A (D) Yes, corresponding to the period of his
of the President on the ground that Office of the and B. suspension pending appeal less one month.
President has no jurisdiction over the case in the
absence of any law providing an appeal from (4) When a witness is granted transactional (6) Althea, a Filipino citizen, bought a lot in the
DOTC to the Office of the President. Will the immunity in exchange for his testimony on how Philippines in 1975. Her predecessors-in-interest
petition prosper? his immediate superior induced him to destroy have been in open, continuous, exclusive and
public records to cover up the latter's act of notorious possession of the lot since 1940, in the
(A) No, exhaustion of administrative remedies up malversation of public funds, the witness may concept of owner. In 1988, Althea became a
to the level of the President is a pre-requisite to NOT be prosecuted for ✔ naturalized Australian citizen. Is she qualified to
judicial recourse. apply for registration of the lot in her name?
(A) direct contempt.
(A) Yes, provided she acquires back her Filipino (9) An appointment held at the pleasure of the (B) a no rally-no permit policy.
citizenship. appointing power
(C) when, where, and how lawful assemblies are
(B) No, except when it can be proved that (A) essentially temporary in nature. to be conducted.
Australia has a counterpart domestic law that
also favors former Filipino citizens residing there. (B) requires special qualifications of the (D) calibrated response to rallies that have
appointee. become violent.
(C) Yes, the lot is already private in character and
as a former natural-born Filipino, she can buy the (C) requires justifiable reason for its termination. (12) The President forged an executive
lot and apply for its registration in her name. agreement with Vietnam for a year supply of
(D) is co-extensive with the term of the public animal feeds to the Philippines not to exceed
(D) No, foreigners are not allowed to own lands officer who appointed him. 40,000 tons. The Association of Animal Feed
in the Philippines. Sellers of the Philippines questioned the
(10) The city government filed a complaint for executive agreement for being contrary to R.A.
(7) The privacy of communication and expropriation of 10 lots to build a recreational 462 which prohibits the importation of animal
correspondence shall be inviolable except upon complex for the members of the homeowners' feeds from Asian countries. Is the challenge
lawful order of the court or when association of Sitio Sto. Tomas, the most correct?
populated residential compound in the city. The
(A) public safety or public health requires lot owners challenged the purpose of the (A) Yes, the executive agreement is contrary to
otherwise as prescribed by law. expropriation. Does the expropriation have a our existing domestic law. ✔
valid purpose?
(B) dictated by the need to maintain public peace (B) No, the President is the sole organ of the
and order. (A) No, because not everybody uses a government in external relations and all his
recreational complex. actions as such form part of the law of the land.
(C) public safety or order requires otherwise as
prescribed by law. (B) No, because it intends to benefit a private (C) No, international agreements are sui generis
organization. ✔ which must stand independently of our domestic
(D) public safety or order requires otherwise as laws.
determined by the President. (C) Yes, it is in accord with the general welfare
clause. (D) Yes, the executive agreement is actually a
(8) One advantage of a written Constitution is its treaty which does not take effect without
(D) Yes, it serves the well-being of the local ratification by the Senate.
(A) reliability. residents.
(13) Jose Cruz and 20 others filed a petition with
(B) permanence. (11) An example of a content based restraint on the COMELEC to hold a plebiscite on their
free speech is a regulation prescribing petition for initiative to amend the Constitution
(C) flexibility. by shifting to a unicameral parliamentary form of
(A) maximum tolerance of pro-government government. Assuming that the petition has
(D) expediency. demonstrations. been signed by the required number of
registered voters, will it prosper?
(D) Yes, Director Sison merely complied with the
(A) No, only Congress can exercise the power to (16) There is double jeopardy when the dismissal order of the head of office; the element of clear
amend the Constitution. of the first case is intention to relinguish office is lacking.

(B) Yes, the people can substantially amend the (A) made at the instance of the accused invoking (18) An administrative rule that fixes rates is
Constitution by direct action. his right to fair trial. valid only when the proposed rates are

(C) Yes, provided Congress concurs in the (B) made upon motion of the accused without (A) published and filed with the UP Law Center.
amendment. objection from the prosecution.
(B) published and hearings are conducted. ✔
(D) No, since they seek, not an amendment, but (C) made provisionally without objection from
a revision. ✔ the accused. (C) published and posted in three public places.

(14) The Comelec en banc cannot hear and (D) based on the objection of the accused to the (D) published and all stakeholders are personally
decide a case at first instance EXCEPT when prosecution's motion to postpone trial. ✔ notified.

(A) a Division refers the case to it for direct (17) The new Commissioner of Immigration, Mr. (19) The government sought to expropriate a
action. Suarez, issued an Office Order directing the top parcel of land belonging to Y. The law provides
immigration officials to tender courtesy that, to get immediate possession of the land,
(B) the case involves a purely administrative resignation to give him a free hand in the government must deposit the equivalent of
matter. ✔ reorganizing the agency. In compliance, Director the land's zonal value. The government insisted,
Sison of the Administrative Department however, that what apply are the rules of court
(C) the inhibition of all the members of a Division tendered his resignation in writing which Mr. which require an initial deposit only of the
is sought. Suarez immediately accepted. Director Sison assessed value of the property. Which should
went to court, assailing the validity of his prevail on this matter, the law or the rules of
(D) a related case is pending before the Supreme courtesy resignation and Mr. Suarez’s court?
Court en banc. acceptance of the same. Will the action prosper?
(A) Both law and rules apply because just
(15) Each of the Constitutional Commissions is (A) No, Director Sison tendered his resignation compensation should be fixed based on its zonal
expressly described as "independent," and it was accepted. or assessed value, whichever is higher.
exemplified by its
(B) No, estoppel precludes Director Sison from (B) Both law and rules apply because just
(A) immunity from suit. disclaiming the resignation he freely tendered. compensation should be fixed based on its zonal
or assessed value, whichever is lower.
(B) fiscal autonomy. ✔ (C) Yes,for so long as no one has yet been
appointed to replace him, Director Sison may still (C) The law should prevail since the right to just
(C) finality of action. withdraw his resignation. compensation is a substantive right that
Congress has the power to define.
(D) collegiality.
(D) The rules of court should prevail since just (C) No, Governor Paloma's reelection does not Council (JBC) submitted to the President. What
compensation is a procedural matter subject to render moot the administrative case already should the President do?
the rule making power of the Supreme Court. pending when he filed his certificate of
candidacy for his reelection bid. (A) Request the JBC to consider adding A to the
(20) After X, a rape suspect, was apprised of his list.
right to silence and to counsel, he told the (D) Yes, Governor Paloma's reelection is an
investigators that he was waiving his right to expression of the electorate's restored trust. ✔ (B) Decline to appoint from the list.
have his own counsel or to be provided one. He
made his waiver in the presence of a retired (22) The decision of the Regional Trial Court on (C) Appoint from the list. ✔
Judge who was assigned to assist and explain to appeals pertaining to inclusions or exclusions
him the consequences of such waiver. Is the from the list of voters (D) Return the list to JBC.
waiver valid?
(A) is inappealable. (25) Courts may still decide cases that have
(A) No, the waiver was not reduced in writing. ✔ otherwise become academic when they involve
(B) is subject to an action for annulment.
(B) Yes, the mere fact that the lawyer was a (A) the basic interest of people. ✔
retired judge does not cast doubt on his (C) may be brought straight to the Supreme
competence and independence. Court. (B) petitions for habeas corpus.

(C) Yes, the waiver was made voluntarily, (D) is appealable to the Commission on Elections. (C) acts of the Chief Executive.
expressly, and with assistance of counsel.
(23) The equal protection clause allows valid (D) Presidential election protests.
(D) No, a retired Judge is not a competent and classification of subjects that applies
independent counsel. 16/25 (64%)
(A) only to present conditions.
(21) Governor Paloma was administratively (26) The right of the State to prosecute crimes by
charged with abuse of authority before the (B) so long as it remains relevant to the available evidence must yield to the right of
Office of the President. Pending hearing, he ran government.
for reelection and won a second term. He then (A) the accused against self-incrimination.
moved to dismiss the charge against him based (C) for a limited period only.
on this supervening event. Should the motion be (B) another State to extradite a fugitive from
granted? (D) for as long as the problem to be corrected justice.
exists. ✔
(A) Yes, Governor Paloma's reelection is an (C) the State to deport undesirable aliens.
expression of the electorate's obedience to his (24) The President wants to appoint A to the
will. vacant post of Associate Justice of the Supreme (D) the complainant to drop the case against the
Court because of his qualifications, competence, accused.
(B) No, Governor Paloma's reelection cannot honesty, and efficiency. But A’s name is not on
extinguish his liability for malfeasance in office. the list of nominees that the Judicial and Bar
(27) A temporary appointee to a public office (D) Yes, no impeachment proceeding can be filed
who becomes a civil service eligible during his against the President more than once within a (31) The Metro Manila Development Authority
tenure year. (MMDA) passed a rule authorizing traffic
enforcers to impound illegally parked vehicles,
(A) loses his temporary appointment without (29) The Solicitor General declines to institute a for the first offense, and confiscate their
prejudice to his re-appointment as permanent. civil action on behalf of a government agency registration plates for the second. The MMDA
due to his strained relation with its head, issued this rule to implement a law that
(B) has the right to demand conversion of his insisting that the agency’s lawyers can file the authorized it to suspend the licenses of drivers
appointment to permanent. action. Is the Solicitor General correct? who violate traffic rules. Is the MMDA rule valid?

(C) automatically becomes a permanent (A) Yes, when he deems he cannot harmoniously (A) No, since the MMDA does not have rule-
appointee. and effectively work with the requesting agency. making power.

(D) retains his temporary appointment. ✔ (B) No, he must, in choosing whether to (B) Yes, it is a valid exercise of the power of
prosecute an action, exercise his discretion subordinate legislation.
(28) Upon endorsement from the Senate where according to law and the best interest of the
it was first mistakenly filed, the House of State. ✔ (C) Yes, it is an implicit consequence of the law
Representatives Committee on Justice found the upon which it acted.
verified complaint for impeachment against the (C) Yes, as in any lawyer-client relationship, he
President sufficient in form but insufficient in has the right to choose whom to serve and (D) No, the rule goes beyond the sphere of the
substance. Within the same year, another represent. law. ✔
impeachment suit was filed against the
President who questioned the same for being (D) No, the Solicitor General's duty to represent (32) Senator Bondoc was charged with murder
violative of the Constitution. Is the President the government, its offices and officers is and detained at the Quezon City Jail. He invoked,
correct? mandatory and absolute. in seeking leave from the court to attend the
session of the Senate, his immunity from arrest
(A) No, "initiated" means the Articles of (30) A department secretary may, with the as a Senator. How should the court rule on his
Impeachment have been actually filed with the President's consent, initiate his appearance motion?
Senate for trial; this did not yet happen. before the Senate or the House of
Representatives which (A) Deny the motion unless the Senate issues a
(B) No, the first complaint was not deemed resolution certifying to the urgency of his
initiated because it was originally filed with the (A) must seek the concurrence of the other attendance at its sessions.
Senate. House before acting.
(B) Grant the motion provided he posts bail since
(C) Yes, the dismissal of the first impeachment (B) must hold an executive session to hear the he is not a flight risk.
proceeding bars the initiation of another during department secretary.
the same term of the President. (C) Grant the motion so as not to deprive the
(C) may altogether reject the initiative. ✔ people who elected him their right to be
represented in the Senate.
(D) must accept such initiated appearance.
(D) Deny the motion since immunity from arrest (D) the issue of validity of law was not timely (D) The driver sped away in his car when the
does not apply to a charge of murder. ✔ raised. police flagged him down at a checkpoint.

(33) X, an administrative officer in the (35) Alfredo was elected municipal mayor for 3 (37) Pre-proclamation controversies shall be
Department of Justice, was charged with grave consecutive terms. During his third term, the heard
misconduct and preventively suspended for 90 municipality became a city. Alfredo ran for city
days pending investigation. Based on the mayor during the next immediately succeeding (A) summarily without need of trial.
evidence, the Secretary of Justice found X guilty election. Voltaire sought his disqualification
as charged and dismissed him from the service. citing the 3 term limit for elective officials. Will (B) through trial by commissioner.
Pending appeal, X's dismissal was executed. Voltaire's action prosper?
Subsequently, the Civil Service Commission (CSC) (C) ex parte.
reversed the Secretary’s decision and the (A) No, the 3 term limit should not apply to a
reversal became final and executory. What is the person who is running for a new position title. (D) through speedy arbitration.
effect of X's exoneration?
(B) Yes, the 3 term limit applies regardless of any (38) When the President orders the Chief of the
(A) X is entitled to reinstatement and back voluntary or involuntary interruption in the Philippine National Police to suspend the
salaries both during his 90 day preventive service of the local elective official. issuance of permits to carry firearms outside the
suspension and his suspension pending appeal. residence, the President exercises
(C) Yes, the 3 term limit uniformly applies to the
(B) X is entitled to reinstatement and back office of mayor, whether for city or municipality. (A) the power of control.
salaries corresponding only to the period of ✔
delay caused by those prosecuting the case (B) the Commander-in-Chief power.
against him. (D) No, the 3 term limit should not apply to a
local government unit that has assumed a (C) the power of supervision.
(C) X is entitled to reinstatement but not to back different corporate existence.
salaries on ground of "damnum absque injuria." (D) the calling out power.
(36) In what scenario is an extensive search of
(D) X is entitled to reinstatement and back moving vehicles without warrant valid? (39) Carlos, a foreign national was charged with
salaries during his suspension pending appeal. ✔ and convicted of a serious crime in State X and
(A) The police became suspicious on seeing sentenced to life imprisonment. His country
(34) Courts may dismiss a case on ground of something on the car’s back seat covered with applied for relief with the International Court of
mootness when blanket. Justice (ICJ), arguing that State X did not inform
Carlos of his right under Article 36 of the Vienna
(A) the case is premature. (B) The police suspected an unfenced lot covered Convention to be accorded legal assistance by
by rocks and bushes was planted to marijuana. his government. State X, as signatory to the
(B) petitioner lacks legal standing. Vienna Convention, agreed to ICJ's compulsory
(C) The police became suspicious when they saw jurisdiction over all disputes regarding the
(C) the questioned law has been repealed. ✔ a car believed to be of the same model used by interpretation or application of the Vienna
the killers of a city mayor. Convention. ICJ ruled that State X violated its
obligation to provide consular notification to the
foreign national's country. ICJ also required State (C) Yes, the police acted based on reliable (D) by Congress, upon recommendation of the
X to review and reconsider the life sentence information and the fact that an officer saw the respective Sangguniang Panlalawigan.
imposed on the foreign national. State X then driver carrying a gun. ✔
wrote the United Nations informing that it was (43) During his incumbency, President Carlos
withdrawing from the Optional Protocol on (D) No, police officers do not have unbridled shot to death one of his advisers during a heated
Vienna Convention and was not bound by the ICJ discretion to conduct a warrantless search of argument over a game of golf that they were
decision. What principle of international law did moving vehicles. playing. The deceased adviser’s family filed a
State X violate? case of homicide against President Carlos before
(41) The Commission on Elections is an the city prosecutor’s office. He moved to dismiss
(A) Pacta Sunt Servanda independent body tasked to enforce all laws the case, invoking presidential immunity from
relative to the conduct of elections. Hence, it suit. Should the case be dismissed?
(B) Act of State Doctrine may
(A) Yes, his immunity covers his interactions with
(C) Protective Principle (A) conduct two kinds of electoral count: a slow his official family, including the deceased
but official count; and a quick but unofficial adviser.
(D) Jus Cogens count.
(B) No, his immunity covers only work-related
(40) An informer told the police that a Toyota Car (B) make an advance and unofficial canvass of crimes.
with plate ABC 134 would deliver an unspecified election returns through electronic transmission.
quantity of ecstacy in Forbes Park, Makati City. (C) Yes, his immunity holds for the whole
The officers whom the police sent to watch the (C) undertake a separate and unofficial duration of his tenure. ✔
Forbes Park gates saw the described car and tabulation of the results of the election
flagged it down. When the driver stopped and manually. (D) No, his immunity does not cover crimes
lowered his window, an officer saw a gun tucked involving moral turpitude.
on the driver's waist. The officer asked the driver (D) authorize the citizens arm to use election
to step out and he did. When an officer looked returns for unofficial count. ✔ (44) The School Principal of Ramon Magsaysay
inside the car, he saw many tablets strewn on High School designated Maria, her daughter, as
the driver's seat. The driver admitted they were (42)The President may proclaim martial law over public school teacher in her school. The
ecstacy. Is the search valid? a particular province subject to revocation or designation was assailed on ground of nepotism.
extension Is such designation valid?
(A) No, the rule on warrantless search of moving
vehicle does not allow arbitrariness on the part (A) by Congress,subject to ratification by the (A) No, because the law prohibits relatives from
of the police. Supreme Court. working within the same government unit.

(B) Yes, the police officers had the duty to verify (B) by the Supreme Court. (B) Yes, because Maria’s position does not fall
the truth of the information they got and pursue within the prohibition.
it to the end. (C) by Congress alone ✔
(C) No, because her mother is not the
designating authority.
(D) No, because Maria is related to the Representatives or the Senate may only ask (B) plebiscite.
supervising authority within the prohibited questions
degree of consanguinity. (C) initiative.
(A) that the official called is willing to answer.
(45) The President's appointment of an acting (D) certification.
secretary although Congress is in session is (B) that are relevant to the proposed legislation.
(50) Where a candidate for the Senate stated in
(A) voidable. (C) to which the witness gave his prior consent. his certificate of candidacy that he is single,
when he is very much married, though
(B) valid. ✔ (D) material to the subject of inquiry. ✔ separated, his certificate of candidacy

(C) invalid. (48) An ordinance prohibits "notorious street (A) may be canceled.
gang members" from loitering in public places.
(D) unenforceable. The police are to disperse them or, if they refuse, (B) will subject him to a quo warranto action.
place them under arrest. The ordinance
(46) Congress passed a bill appropriating P50 enumerates which police officers can make (C) remains valid. ✔
million in assistance to locally based television arrest and defines street gangs, membership in
stations subject to the condition that the amount them, and public areas. The ordinance was (D) may be denied due course.
would be available only in places where challenged for being vague regarding the
commercial national television stations do not meaning of "notorious street gang members." Is 15/25 (60%)
operate. The President approved the the ordinance valid?
appropriation but vetoed the condition. Was the (51) A candidate who commits vote buying on
veto valid? (A) No, it leaves the public uncertain as to what Election Day itself shall be prosecuted by the
conduct it prohibits. ✔
(A) Yes, since the vetoed condition may be (A) COMELEC. ✔
separated from the item. (B) No, since it discriminates between loitering in
public places and loitering in private places. (B) Secretary of Justice.
(B) Yes, the President's veto power is absolute.
(C) Yes, it provides fair warning to gang members (C) police and other law enforcement agencies.
(C) No, since the veto amounted to a suppression prior to arrest regarding their unlawful conduct.
of the freedom to communicate through (D) City or Provincial Prosecutor.
television. (D) Yes, it is sufficiently clear for the public to
know what acts it prohibits. (52) A law authorized the Secretary of
(D) No, since the approval of the item carried Agriculture to require the quarantine of animals
with it the approval of the condition attached to (49) The people may approve or reject a proposal that suffer from dangerous communicable
it. ✔ to allow foreign investors to own lands in the diseases at such place and for such time he
Philippines through an electoral process called deems necessary to prevent their spread. The
(47) In the exercise of its power of legislative Secretary of Agriculture issued a regulation,
inquiries and oversight functions, the House of (A) referendum. imposing a penalty of imprisonment for 10 days
on persons transporting quarantined animals (55) Xian and Yani ran for Congressman in the
without his permission. The regulation is same district. During the canvassing, Yani (D) the orthodox doctrine.
objected to several returns which he said were
(A) a valid exercise of the power of subordinate tampered with. The board of canvassers did not (57) Accused X pleaded not guilty to the charge
legislation. entertain Yani's objections for lack of authority of homicide against him. Since he was admitted
to do so. Yani questions the law prohibiting the to bail, they sent him notices to attend the
(B) invalid for being ultra vires. ✔ filing of pre-proclamation cases involving the hearings of his case. But he did not show up,
election of Congressmen since the Constitution despite notice, in four successive hearings
(C) a valid exercise of police power. grants COMELEC jurisdiction over all pre- without offering any justification. The
proclamation cases, without distinction. Is Yani prosecution moved to present evidence in
(D) invalid for being discriminatory. correct? absentia but the court denied the motion on the
ground that the accused has a right to be present
(53) Small-scale utilization of natural resources (A) Yes, the Constitution grants jurisdiction to at his trial. Is the court correct?
by Filipino citizens may be allowed by COMELEC on all pre-proclamation cases, without
exception. (A) No, the court is mandated to hold trial in
(A) Congress. ✔ absentia when the accused had been arraigned,
(B) No, COMELEC’s jurisdiction over pre- had notice, and his absence was unjustified. ✔
(B) either the Senate or the House of proclamation cases pertains only to elections for
Representatives. regional, provincial, and city officials. (B) Yes, it remains discretionary on the court
whether to conduct trial in absentia even if the
(C) the President. (C) No, COMELEC’s jurisdiction over pre- accused had been arraigned and had notice and
proclamation cases does not include those that did not justify his absence.
(D) the President with the consent of Congress. must be brought directly to the courts.
(C) Yes, it is within the court's discretion to
(54) When the Civil Service Commission (CSC) (D) Yes, any conflict between the law and the determine how many postponements it will
approves the appointment of the Executive Constitution relative to COMELEC's jurisdiction grant the accused before trying him in absentia.
Director of the Land Transportation Franchising must be resolved in favor of the Constitution.
and Regulatory Board who possesses all the (D) No, the court may reject trial in absentia only
prescribed qualifications, the CSC performs (56) When the Supreme Court nullified the on grounds of fraud, accident, mistake, or
decisions of the military tribunal for lack of excusable negligence.
(A) a discretionary duty. jurisdiction, it excluded from their coverage
decisions of acquittal where the defendants (58) Following COMELEC Chairman Bocay's
(B) a mix discretionary and ministerial duty. were deemed to have acquired a vested right. In conviction for acts of corruption in the
so doing, the Supreme Court applied impeachment proceedings, he was indicted for
(C) a ministerial duty. ✔ plunder before the Sandiganbayan and found
(A) the operative fact doctrine. guilty, as charged. Can he get Presidential
(D) a rule-making duty. pardon on the plunder case?
(B) the rule against double jeopardy.
(A) No, plunder is not a pardonable offense.
(C) the doctrine of supervening event.
(B) No, conviction in a criminal case for the same ousted her in an election protest that Gudi, her (B) substitute penalty for one who has been duly
acts charged in the impeachment proceedings is opponent, filed against her. Two years later, tried for a crime.
not pardonable. Gudi faced recall proceedings and Adela ran in
the recall election against him. Adela won and (C) punishment for a crime where one has been
(C) Yes, convictions in two different fora for the served as Mayor for Gudi's remaining term. Can duly convicted. ✔
same acts, are too harsh that they are not Adela run again for Mayor in the next succeeding
beyond the reach of the President’s pardoning election without violating the 3 term limit? (D) condition precedent to one's valid
power. arraignment.
(A) No, she won the regular mayoralty election
(D) Yes, conviction in court in a criminal action is for two consecutive terms and the recall election (64) Van sought to disqualify Manresa as
subject to the President's pardoning power. ✔ constitutes her third term. congresswoman of the third district of Manila on
the ground that the latter is a greencard holder.
(59) A private person constituted by the court as (B) A. No, she already won the mayoralty By the time the case was decided against
custodian of property attached to secure a debt election for 3 consecutive terms. Manresa, she had already served her full term as
sought to be recovered in a civil proceeding is congresswoman. What was Manresa's status
(C) Yes, her ouster from office in her third term during her incumbency as congresswoman?
(A) a private sheriff. interrupted the continuity of her service as
mayor. (A) She was a de jure officer, having been duly
(B) a public officer. ✔ elected.
(D) Yes, the fresh mandate given her during the
(C) a private warehouseman. recall election erased her disqualification for a (B) She was not a public officer because she had
third term. no valid existing public office.
(D) an agent of the party to whom the property
will ultimately be awarded. (62) A child born in the United States to a Filipino (C) She was a de jure officer since she completed
mother and an American father is her term before she was disqualified.
(60) The COMELEC en banc shall decide a motion
for reconsideration of (A) a Filipino citizen by election. (D) She was a de facto officer since she was
elected, served, and her disqualification only
(A) the House or Representatives and the Senate (B) a repatriated Filipino citizen. came later. ✔
electoral tribunals.
(C) a dual citizen. (65) Whose appointment is NOT subject to
(B) the decision of the election registrar. confirmation by the Commission on
(D) a natural born Filipino citizen. Appointments?
(C) the decision of the COMELEC division
involving an election protest. (63) Involuntary servitude may be required as (A) Chairman of the Civil Service Commission

(D) its own decision involving an election protest. (A) part of rehabilitation of one duly charged (B) Chief Justice of the Supreme Court✔
with a crime.
(61) Adela served as Mayor of Kasim for 2
consecutive terms. On her third term, COMELEC
(C) Chief of Staff of the Armed Forces of the (A) No, it will violate the Constitutional (A) Atty. Crispin is immune from suit since he
Philippines prohibition against midnight appointments. enjoys the presumption of regularity of
performance of public duty.
(D) Executive Secretary (B) Yes, vacancies in the Supreme Court should
be filled within 90 days from occurrence of the (B) Atty. Crispin's defense is invalid since he
(66) The system of checks and balances operates vacancy. ✔ issued his certification recklessly without
when checking the facts. ✔
(C) Yes, vacancies in the Supreme Court should
(A) the President nullifies a conviction in a be filled within 90 days from submission of JBC (C) Atty. Crispin's defense is valid since he was
criminal case by pardoning the offender. ✔ nominees to the President. unaware of the pendency of the case.

(B) Congress increases the budget proposal of (D) No, the incumbent President must yield to (D) As Clerk of Court, Atty. Crispin enjoys
the President. the choice of the next President absolute immunity from suit for acts relating to
his work.
(C) the President does not release the (69) The President may set a limit on the
countryside development funds to members of country's import quota in the exercise of his (71) The Housing and Land Use Regulatory Board
Congress. (HLURB) found Atlantic Homes, Inc. liable in
(A) delegated power. ✔ damages arising from its delayed release of the
(D) Congress expands the appellate jurisdiction title to the house and lot that it sold to
of the Supreme Court, as defined by the (B) concurring power. Josephine. Atlantic appealed to the Office of the
Constitution. President which rendered a one page decision,
(C) residual power. affirming the attached HLURB judgment. Atlantic
(67) The price of staple goods like rice may be challenges the validity of the decision of the
regulated for the protection of the consuming (D) inherent power. Office of the President for not stating the facts
public through the exercise of and the law on which it is based. Is the challenge
(70) Amor sued for annulment of a deed of sale correct?
(A) power of subordinate legislation. of Lot 1. While the case was ongoing, Baltazar,
an interested buyer, got a Certification from (A) No, the Office of the President is governed by
(B) emergency power. Atty. Crispin, the Clerk of Court, that Lot 1 was its own rules respecting review of cases
not involved in any pending case before the appealed to it.
(C) police power. court. Acting on the certification, the Register of
Deeds canceled the notice of lis pendens (B) Yes, the decision of the Office of the
(D) residual power. annotated on Lot 1’s title. Amor filed a damage President must contain its own crafted factual
suit against Atty. Crispin but the latter invoked findings and legal conclusions.
(68) Associate Justice A retires from the Supreme good faith and immunity from suit for acts
Court 90 days before the forthcoming relating to his official duty, claiming he was not (C) Yes, administrative due process demands
Presidential election. May the incumbent yet the Clerk of Court when Amor filed his action. that the Office of the President make findings
President still appoint Justice A's successor? Decide. and conclusions independent of its subordinate.
(D) No, the Office of the President is not (76) Mass media in the Philippines may be
precluded from adopting the factual findings and (C) he waives his right to be present. owned and managed by
legal conclusions contained in the HLURB
decision. ✔ (D) he is convicted of a bailable offense. (A) corporations wholly owned and managed by
Filipinos. ✔
(72) A collision occurred involving a passenger (74) An information for murder was filed against
jeepney driven by Leonardo, a cargo truck driven X. After examining the case records forwarded to (B) corporations 60% owned by Filipinos.
by Joseph, and a dump truck driven by Lauro but him by the prosecution, the trial judge granted
owned by the City of Cebu. Lauro was on his way bail to X based on the prosecution's (C) corporations wholly owned by Filipinos.
to get a load of sand for the repair of the road manifestation that it was not objecting to the
along Fuente Street, Cebu City. As a result of the grant of bail. Is the trial judge correct? (D) corporations 60% owned and managed by
collision, 3 passengers of the jeepney died. Their Filipinos.
families filed a complaint for damages against (A) Yes, the trial judge may evaluate the strength
Joseph who in turn filed a third party complaint or weakness of the evidence based on the case (77) Procedural due process in administrative
against the City of Cebu and Lauro. Is the City of records forwarded to him. proceedings
Cebu liable for the tort committed by its
employee? (B) No, the trial judge should have held a hearing (A) requires the tribunal to consider the evidence
to ascertain the quality of the evidence of guilt presented.
(A) The City of Cebu is not liable because its that the prosecution had against X. ✔
employee was engaged in the discharge of a (B) allows the losing party to file a motion for
governmental function. (C) No, the trial judge should have conducted a reconsideration.
hearing to ascertain first whether or not X was
(B) The City of Cebu is liable for the tort validly arrested. (C) requires hearing the parties on oral
committed by its employee while in the argument.
discharge of a non-governmental function. (D) Yes, the trial judge may reasonably rely on
the prosecution's manifestation that he had no (D) permits the parties to file memoranda.
(C) The City of Cebu is liable in accord with the objection to the grant of bail.
precept of respondeat superior. (78) The Constitution prohibits cruel and
(75) The President CANNOT call out the military inhuman punishments which involve
(D) The City of Cebu is not liable as a
consequence of its non-suitability. (A) to enforce customs laws. ✔ (A) torture or lingering suffering. ✔

(73) During promulgation of sentence, the (B) to secure shopping malls against terrorists. (B) primitive and gross penalties.
presence of the accused is mandatory but he
may appear by counsel or representative when (C) to arrest persons committing rebellion. (C) unusual penal methods.

(A) he is charged with a light offense. ✔ (D) to raid a suspected haven of lawless (D) degrading and queer penalties.
elements.
(B) he was able to cross-examine the (79) Judge Lloyd was charged with serious
prosecution’s witnesses. 18/25 (72%) misconduct before the Supreme Court. The
Court found him guilty and ordered him (D) Yes,the petition should be initiated by at least
dismissed. Believing that the decision was not (B) Yes, the order was not a proprietary act of the 25% of the total number of registered voters of
immediately executory, he decided a case that government. Tunawi. ✔
had been submitted for resolution. The decision
became final and executory. But the losing party (C) No, only the president may raise the defense (82) Using the description of the supplier of
filed a certiorari action with the Court of Appeals of immunity from suit. shabu given by persons who had been arrested
seeking to annul the writ of execution issued in earlier for selling it, the police conducted a
the case and bar Judge Lloyd from further acting (D) Yes, Secretary Chua cannot be sued for acts surveillance of the area indicated. When they
as judge. Can the relief against Judge Lloyd be done in pursuance to his public office. saw a man who fitted the description walking
granted? from the apartment to his car, they approached
(81) Anton was the duly elected Mayor of Tunawi and frisked him and he did not object. The search
(A) No, Judge Lloyd's right to stay as judge may in the local elections of 2004. He got 51% of all yielded an unlicensed gun tucked on his waist
be challenged only by direct proceeding, not the votes cast. Fourteen months later, Victoria, and shabu in his car. Is the search valid?
collaterally. who also ran for mayor, filed with the Local
Election Registrar, a petition for recall against (A) No, the man did not manifest any suspicious
(B) Yes, the action against Judge Lloyd may be Anton. The COMELEC approved the petition and behavior that would give the police sufficient
consolidated with the case before the Court of set a date for its signing by other qualified voters reason to search him.
Appeals and decided by it. in order to garner at least 25% of the total
number of registered voters or total number of (B) Yes, the police acted on reliable information
(C) Yes, Judge Lloyd 's right to stay as judge may those who actually voted during the local which proved correct when they searched the
be challenged as a necessary incident of the election in 2005, whichever is lower. Anton man and his car.
certiorari action. attacked the COMELEC resolution for being
invalid. Do you agree with Anton? (C) Yes, the man should be deemed to have
(D) No, the losing party has no standing to waived his right to challenge the search when he
challenge Judge Lloyd's right to stay as judge. (A) No, the petition, though initiated by just one failed to object to the frisking.
person, may be ratified by at least 25% of the
(80) Executive Secretary Chua issued an order total number of registered voters. (D) No, reliable information alone, absent any
prohibiting the holding of rallies along Mendiola proof beyond reasonable doubt that the man
because it hampers the traffic flow to (B) No, the petition, though initiated by just one was actually committing an offense, will not
Malacanang. A group of militants questioned the person may be ratified by at least 25% of those validate the search.
order for being unconstitutional and filed a case who actually voted during the 2004 local
against Secretary Chua to restrain him from elections. (83) A law interfering with the rights of the
enforcing the order. Secretary Chua raised state person meets the requirements of substantive
immunity from suit claiming that the state (C) Yes, the petition should be initiated by at due process when
cannot be sued without its consent. Is the claim least 25% of the total number of registered
correct? voters who actually voted during the 2004 local (A) the means employed is not against public
elections. policy.
(A) No, public officers may be sued to restrain
him from enforcing an act claimed to be (B) it is in accord with the prescribed manner of
unconstitutional. ✔ enforcement as to time, place, and person.
(C) Yes, the President cannot withhold consent
(C) all affected parties are given the chance to be (B) zoning power. to the initiative of his department heads as it will
heard. violate the principle of check and balance.
(C) police power.
(D) the interest of the general public, as (D) No, the President has the power to withhold
distinguished from those of a particular case, (D) taxing power. consent to appearance by his department heads
requires such interference. during question hour. ✔
(87) In the valid exercise of management
(84) A judge of the Regional Trial Court derives prerogative consistent with the company's right (89) When the President contracted a personal
his powers and duties from to protect its economic interest, it may prohibit loan during his incumbency, he may be sued for
its employees from sum of money
(A) statute.
(A) joining rallies during their work shift. (A) during his term of office.
(B) the President, the appointing power.
(B) marrying employees of competitor (B) during his tenure of office.
(C) Supreme Court issuances. companies. ✔
(C) after his term of office.
(D) the rules of court. (C) publicly converging with patrons of
competitor companies. (D) after his tenure of office.
(85) When an elective official's preventive
suspension will result in depriving his (D) patronizing the product of competitor (90) The Senate Blue Ribbon Committee
constituents of his services or representation, companies. summoned X, a former department secretary, to
the court may shed light on his alleged illicit acquisition of
(88) The President issued an executive order properties claimed by the Presidential
(A) require the investigating body to expedite directing all department heads to secure his Commission on Good Government. X sought to
the investigation. consent before agreeing to appear during restrain the Committee from proceeding with its
question hour before Congress on matters investigation because of a pending criminal case
(B) hold in abeyance the period of such pertaining to their departments. Is the executive against him before the Sandiganbayan for ill-
suspension. order unconstitutional for suppressing gotten wealth involving the same properties.
information of public concern? Decide. The investigation may
(C) direct the holding of an election to fill up the
temporary vacancy. (A) No, because those department heads are his (A) not be restrained on ground of separation of
alter egos and he is but exercising his right powers.
(D) shorten the period of such suspension. against self-incrimination.
(B) be restrained on ground of prejudicial
(86) When the State requires private cemeteries (B) Yes, the President cannot control the question.
to reserve 10% of their lots for burial of the poor, initiative of the department heads to conform
it exercises its with the oversight function of Congress. (C) not be restrained on ground of presumed
validity of legislative action.
(A) eminent domain power. ✔
(D) be restrained for being sub judice. (C) Yes, subject to ratification by Congress. appointment of its holder requires the consent
of Congress.
(91) A government that actually exercises power (D) No, it is a power exclusively reserved for the
and control as opposed to the true and lawful People's direct action. (B) Yes, since the power to appoint in the
government is in terms of legitimacy government, if not lodged elsewhere, belongs to
(94) A candidate for Senator must be at least 35 the President as Chief Executive. ✔
(A) a government of force. years old on
(C) Yes, since the power to fill up all government
(B) an interim government. (A) the day he is duly proclaimed. positions mentioned in the Constitution has
been lodged in the President.
(C) a de facto government. ✔ (B) the day the election is held.
(D) No, because absent any express authority
(D) an illegitimate government. (C) the day he files his certificate of candidacy. under the Constitution, the power to appoint
does not exist.
(92) The Special Committee on Naturalization is (D) the day he takes his oath of office.
headed by (97) The Chief Justice appointed X, the
(95) The Office of the Special Prosecutor may file President’s sister, as Assistant Court
(A) the Secretary of Justice. an information against a public officer for graft Administrator in the Supreme Court during the
President's tenure. Claiming that the
(B) the Secretary of Foreign Affairs. (A) on its own initiative subject to withdrawal of Constitution prohibits the appointment in
the information by the Ombudsman. government of a President’s relative, a taxpayer
(C) the National Security Adviser. asks for its nullification. Will the challenge
(B) independently of the Ombudsman, except in prosper?
(D) the Solicitor General. plunder cases.
(A) Yes, since the appointment essentially
(93) The President issued Proclamation 9517 (C) only when authorized by the Ombudsman. violates the law against nepotism.
declaring a state of emergency and calling the
armed forces to immediately carry out necessary (D) independently of the Ombudsman. (B) Yes, because relatives of the President within
measures to suppress terrorism and lawless the fourth civil degree cannot be appointed as
violence. In the same proclamation, he directed (96) Since the Constitution is silent as to who can heads of offices in any department of
the government's temporary takeover of the appoint the Chairman of the Commission on government.
operations of all privately owned Human Rights, the President appointed W to
communication utilities, prescribing reasonable that position without submitting his (C) No, X's appointment, although in the
terms for the takeover. Is the takeover valid? appointment to the Commission on government, is not in the Executive Department
Appointments for confirmation. Is W’s that the President heads.
(A) Yes, it is an implied power flowing from the appointment by the President valid?
President's exercise of emergency power. (D) No, the position to which X was appointed is
(A) No, since the position of Chairman of the not among those prohibited under the
(B) No, it is a power reserved for Congress alone. Commission was created by statute, the Constitution. ✔
(98)May an incumbent Justice of the Supreme salary rate and additional benefits. The same sovereign compliance with good
Court be disbarred as a lawyer? package was given to the other foreign teachers. corporate governance.
The Filipino teachers assailed such differential 2. The three essential parts of a
(A) No, it will amount to removal. ✔ treatment, claiming it is discriminatory and Constitution are:
violates the equal protection clause. Decide. a. the bill of rights, governmental
(B) No, his membership in the bar is secure. organization and functions, and
(A) The classification is based on superficial method of amendment;
(C) Yes, by the Supreme Court itself. differences. ✔ b. the preamble, the bill of rights,
and provisions on checks and
(D) Yes, by Congress in joint session. (B) The classification undermines the "Filipino balances;
First" policy. c. the national territory, the
(99) Mayor Lucia of Casidsid filed her certificate declaration of principles and
of candidacy for congresswoman of the district (C) The distinction is fair considering the burden state policies, and the transitory
covering Casidsid. Still, she continued to act as of teaching abroad. provisions;
mayor of Casidsid without collecting her salaries d. the executive department, the
as such. When she lost the election and a new (D) The distinction is substantial and uniformly legislative department and the
mayor assumed office, she filed an action to applied to each class. judiciary.
collect the salaries she did not get while serving 3. The constitutional provision on initiative
as mayor even when she ran for 11/25 (44%) and referendum is not self-executory.
congresswoman. Is her action correct? This is so because it requires:
1. Constitution is defined by Cooley as: a. an implementing resolution
(A) No, salaries can be waived and she waived a. a body of statutory, from the COMELEC;
them. administrative and political b. an implementing resolution
provisions by which the three from the Supreme Court;
(B) No, because her acts as de facto officer are branches of government are c. an implementing legislation;
void insofar as she is concerned. defined; d. an implementing resolution
b. a body of rules and maxims in from the party-list
(C) Yes, public policy demands that a de facto accordance with which the representative of the House of
officer enjoy the same rights of a de jure officer. powers of sovereignty are Representatives.
habitually exercised; 4. In an amendment to the constitution by
(D) A. Yes, it is but just that she be paid for the c. a body of rules and edicts "initiative and referendum", the
service she rendered. emanating from the rulings of "initiative" phase is meant that the
courts and written guidelines of people propose the amendments. There
(100) X, a Filipino and Y, an American, both teach the executive and the legislature is a valid proposal when a proposition
at the International Institute in Manila. The by which government is has received the approval of:
institute gave X a salary rate of P1,000 per hour governed; a. at least 3% of the persons of
and Y, P1,250 per hour plus housing, d. a body of interpretations and majority age of each district, and
transportation, shipping costs, and leave travel rules by which the three 12% of the registered voters of
allowance. The school cited the dislocation branches of government are the region from proposal
factor and limited tenure of Y to justify his high judged for purposes of emanates;
b. at least 3% of the registered 7. Which of the following best exemplifies the constitutional principles embodied
voters of each province and 12% how the system of checks and balances in:
of the total number of is carried out: a. the free exercise clause;
registered voters nationwide; a. the legislature passes a law that b. the non-establishment clause;
c. at least 3% of the registered prohibits the president from c. the freedom of religious belief
voters of each district and 12% commuting a judiciary imposed clause;
of the total number of sentence, as a check of the d. the freedom of religion clause.
registered voters nationwide; president; 10. Which one of the following is a non-self-
d. more than 3% of the 3% of the b. the President pardons a convict executing provision of the Constitution:
registered voters of each district as a way to set aside or modify a a. no law shall be passed abridging
but less than 12% of the total judgment of the judiciary; the freedom of speech;
number of registered voters c. the judiciary overturns a pardon b. no law shall be made respecting
nationwide. granted by the President as a an establishment of religion;
5. The Constitution declares that the check on executions; c. no person shall be held to
Philippines is a republican state. d. the President pardons an answer for a criminal offense
Republicanism means: accused after arraignment in the without due process of law;
a. the form of government must be interest of justice. d. the state shall encourage and
presidential; 8. Which phrase best completes the support researches and studies
b. the representatives of the statement – The starting point of the on the arts and culture.
government are elected by the principle of separation of powers is the 11. Basic Philippine law, in respect of the
people; assumption of the division of the modes of acquiring citizenship, follows
c. sovereignty resides in the functions of government into three the rule(s) of:
elected representatives of the distinct classes: a. jus soli and jus sanguinis;
government; a. the bill of rights, state policies, b. naturalization and provides for
d. the form of government cannot and social justice and human jus soli;
be changed by the people. rights; c. jus sanguinis and provides for
6. A chief characteristic of the presidential b. the accountability of public naturalization;
form of government is: officers, the constitutional d. none of the above.
a. concentration of power in the commissions, and the national 12. Dual allegiance by citizen is:
judiciary thru the power of economy and patrimony; a. inimical to the national interest
expanded judicial review; c. the self-executing provisions, and is therefore proscribed by
b. supremacy of the presidency the non-self-executing law;
compared to the totality of provisions, and the self-evident b. inimical to the national interest
powers of the legislative; social justice provisions; and is therefore prescribed by
c. regular periodic election of the d. the executive, the legislative, law;
President for a fixed term; and the judicial. c. inimical to the national interest
d. unlimited term for the President 9. The Constitution provides that the and therefore shall be dealt with
for as long as elected by the "separation of church and state shall be by law;
people in free and honest inviolable." This is implemented most by
elections.
d. inimical to the national interest policy and fix standards on price d. re-districting.
and is therefore outside of control; 17. Article V1, Section 5(3) of the
coverage of law. c. law authorizing the President, in Constitution requires that for a city to be
13. Margarita was born in 1986 to a Filipino times of war or other national entitled to have at least one
mother and Swedish father. She has emergency, for a limited period, representative, its population shall be at
been living and continues to live in the subject to prescribed least:
US for the last 20 years and has also restrictions, to exercise powers a. 250,000;
been naturalized as a US citizen. She necessary and proper to carry b. 150,000;
recently reacquired Philippine out a declared national policy; c. 100,000;
citizenship under RA 9225, the d. law authorizing the President to d. 175,000.
Citizenship Retention and Reacquisition fix, within specific limits, tariff 18. A Senator or Member of the House of
Act of 2003. Can Margarita vote in the rates, import and export quotas, Representatives shall be privileged from
next national elections? and other duties, within the arrest while Congress is in session for all
a. Yes. Dual citizens who are not framework of the national offenses punishable by imprisonment of
residents may register under the development program of the not more than:
Overseas Absentee Voting Law. government. a. life imprisonment;
b. Yes. Margarita is a Filipino 15. Which one of the following theories b. reclusion perpetua;
citizen and thus may enjoy the does not support the valid delegation of c. six years imprisonment;
right to suffrage like everyone authority by the Congress to an d. four years imprisonment.
else without registering as an administrative agency: 19. No Senator or member of the House of
overseas absentee voter. a. an administrative agency may Representatives may personally appear
c. No. Margarita fails the residency "fill up the details" of a statute; as counsel before:
requirement under Section 1, b. the legislature may leave to a. any regional court;
Article V of the Constitution for another body the ascertainment b. any court of justice;
Filipinos. of facts necessary to bring the c. any inferior court;
d. No. Dual citizens upon law into actual operation; d. any appellate court.
renunciation of their Filipino c. an administrative agency has 20. Which of the following can be changed
citizenship and acquisition of equal expertise with the by an ordinary law enacted by Congress?
foreign citizenship, have legislature in crafting and a. Commencement of the term of
practically and legally implementing laws; office of Senators;
abandoned their domicile and d. contingent legislation. b. Date of regular election for
severed their legal ties to their 16. The rule in Article V1, Section 5 (3) of the President and Vice Presidential;
homeland as a consequence. Constitution that "Each legislative c. Authority to transfer
14. Identify which one is an invalid exercise district shall comprise, as far as appropriation;
of the legislative power: practicable, contiguous, compact and d. Regular election of the members
a. legislation by local government adjacent territory" is a prohibition of Congress.
on purely local matters; against: 21. Congress shall have the sole power to
b. law granting an administrative a. re-apportionment; declare the existence of a state of war by
agency the power to define b. commandeering of votes; vote of:
c. gerrymandering;
a. three-fourths of both Houses in c. item veto; b. standing to challenge the
joint session assembled, voting d. monetary veto. governmental act;
jointly; 26. A tax is progressive when: c. opportunity to challenge the
b. two-thirds of both Houses in a. the rate fluctuates as the tax governmental act;
joint session assembled, voting base decreases; d. familiarity to challenge the
jointly; b. the rate increases as the tax governmental act.
c. two-thirds of both Houses in base remains the same; 30. Congressman Sugar Oll authored a bill
separate session assembled, c. the rate increases as the tax called House Bill No, 0056 which
voting jointly; base increases; legalizes jueteng. When the Bill became
d. two-thirds of both Houses in d. the rate decreases as the tax law (RA 10156), Fr. Nosu Gal, a priest,
joint session, voting separately. base increases. filed a petition seeking for the
22. If by the end of any fiscal year, the 27. When the Supreme Court sits en banc, nullification of RA 10156 on the ground
Congress shall have failed to pass the cases are decided by the concurrence of that it is unconstitutional as it violates
general appropriations bill for the a majority of the members who: Section 13, Article II, of the 1987
ensuring fiscal year, the general a. actually sent in memos on Constitution which states that "The state
appropriations law for the preceding matters for deliberation and recognizes the vital role of the youth in
fiscal year shall be deemed: called in their votes thereon; nation-building and shall promote and
a. referred; b. actually participated in the oral protect their physical, moral, spiritual,
b. unacted; arguments and voted thereon; intellectual, and social well-being". Fr.
c. refilled; c. actually took part in the Gal filed the petition as a concerned
d. re-enacted. deliberations on the issues in citizen and as taxpayer. Does Fr. Gal
23. Provisions unrelated to an appropriation the case and voted thereon; have locus standi?
bill are considered prohibited. These are d. actually took part in the voting a. No, because Fr. Gal has no
called: thereon and took notes on the personal and substantial
a. interlopers; actual deliberations. interest that will be prejudiced
b. riders; 28. When the Supreme Court sits in division, by the implementation of the
c. outriggers; cases can be decided by as few as a law;
d. add-ons. minimum of: b. No, the law concerns neither
24. The requirement that "Every bill shall a. three votes; citizens nor expenditure of
embrace only one subject which shall be b. four votes; public funds;
expressed in the title thereof" prevents: c. five votes; c. Yes, because the issue is of
a. rollercoaster legislation; d. six votes. transcendental importance;
b. log-rolling legislation; 29. A person who has a personal and d. Yes, because as priest, Fr. Gal
c. rolling fields legislation; substantial interest in the case, such that has special interest in the well-
d. loggerhead legislation. he has sustained, or will sustain, direct being of the youth.
25. The power of the President to veto any injury as a result of its enforcement is 31. Where there is "the impossibility of a
particular part in an appropriation considered to have: court’s undertaking independent
revenue, or tariff bill, is called the: a. understanding to challenge the resolution without expressing lack of the
a. specific veto; governmental act; respect due coordinate branches of
b. revenue veto; government; or an unusual need for
unquestioning adherence to a political a. right to academic freedom; 37. Under Article III, Section 2 of the Bill of
decision already made; or the b. right to a balanced and healthful Rights, which provides for the exclusion
potentially of embarrassment from ecology; of evidence that violate the right to
multifarious pronouncement by various c. right to freedom of expression privacy of communication and
departments on a question," describes and of assembly; correspondence, to come under the
what kind of political question: d. right to equal health. exclusionary rule, the evidence must be
a. adherence kind; 36. In which of the following would there be obtained by:
b. prudential kind; no double jeopardy even if a subsequent a. private individuals acting on
c. respectful kind; case is filed? their own;
d. deference kind. a. Pot is accused before the RTC of b. government agents;
32. The "operative fact" doctrine of qualified theft. After c. private individuals acting on
constitutional law is applied when a law innumerable postponements orders of superiors;
is declared: against Pot’s wishes, he moves d. former high government
a. operative; for dismissal for denial of the officials.
b. factual; right to a speedy trial. 38. The complementing regime that best
c. constitutional; Prosecutor objected. Dismissal characterizes the guarantees of freedom
d. unconstitutional. granted; of speech and of the press are:
33. The totality of governmental power is b. Pot is accused before the RTC of a. prior punishment and moderate
contained in three great powers: qualified theft. After punishment;
a. police power, power of innumerable postponements b. prior censorship and
sequestration, power of foreign against Pot’s wishes, the subsequent remedies;
policy; prosecutor moves for dismissal c. no prior restraint and
b. power of immigration, with the consent of Pot. subsequent punishment;
municipal power, legislative Granted; d. no prior restraint and no
power; c. Pot is accused before the RTC of subsequent punishment.
c. executive power, legislative qualified theft. After 39. The free exercise and non-establishment
power, judicial power; innumerable postponements clauses pertain to which right under the
d. police power, power of eminent against Pot’s wishes, he moves Bill of Rights:
domain, power of taxation. for dismissal for denial of the a. liberty of movement;
34. The most essential, insistent and the right to a speedy trial. b. liberty of abode;
least limitable of (government) powers, Prosecutor posts no objections. c. religion;
extending as it does to all the great Dismissal granted; d. life and liberty.
public needs, is: d. Pot is accused before the RTC of 40. The Gangnam Style’s Witnesses (whose
a. emergency power; qualified theft. After tenets are derogatory to the Catholic
b. police power; innumerable postponements Church), applied for a permit to use the
c. legislative power; against Pot’s wishes, the public plaza and kiosk to hold their
d. power to declare martial law. prosecutor moves for dismissal religious meeting on the occasion of
35. 35. In the hierarchy of civil liberties, over the objections of Pot. their founding anniversary. Mayor
which right occupies the highest Granted. Lebron allowed them to use the
preferred position: northwestern part of the plaza but not
the kiosk (which is a few meters away c. devoting it to public use; c. offenses punishable by death
from the Catholic church). Members of d. as substantially to cust the when evidence of guilt is weak;
the Gangnam Style Witnesses claim that owner of all beneficial d. offenses punishable by reclusion
the act of Mayor Lebron is a violation of ownership. perpetua when evidence of guilt
their freedom of assembly and religion. 43. Market value for purposes of is strong.
Is this correct? determining just compensation in 46. Criminal trial may proceed,
a. No, because this is valid exercise eminent domain has been described as notwithstanding the absence of the
of police power; the fair value of property: accused provided that he has been duly
b. Yes, because the plaza being of a. between one who desires to notified, and his failure to appear is
public use can be used by purchase and one does not unjustifiable, after:
anybody regardless of religious desire to sell; a. preliminary investigation;
belief; b. between one who desires to b. arraignment;
c. No, because historical purchase and one who wants to c. sentencing;
experience shows that peace delay selling; d. prosecution has rested its case.
and order may be disturbed c. between one who desires to 47. The requisites of a valid trial in absentia
whenever two opposing purchase and one who desires exclude:
religious groups or beliefs to sell; a. Wherein his/her failure to
expound their dogmas; d. between one who desires to appear is unjustifiable;
d. Yes, because there is no clear purchase on terms and one who b. Wherein he/she allows
and present danger in holding a desires to sell after a period of himself/herself to be identified
religious meeting by another time. by the witness in his/her
religious group near a catholic 44. Under Article III, Section 12 of the absence, without further
church. Constitution, any person under unqualified admitting that every
41. Which one is NOT a recognized investigation for the commission of an time a witness mentions a name
limitation to the right to information on offense shall have the right to be by which he/she is known, it
matters of public concern: informed of his right to remain silent, shall be understood to refer to
a. national security matters; etc. The investigation referred to is him/her;
b. trade secrets and banking called: c. Wherein he/she has been duly
transactions; a. preliminary investigation; notified of the trial;
c. criminal matters or classified b. summary investigation; d. Wherein the accused has
law enforcement matters; c. criminal investigation; already been arraigned.
d. government research data used d. custodial investigation. 48. The privilege of the writ of habeas
as a basis for policy 45. All persons charged shall, before corpus shall not be suspended except in
development. conviction, be bailable by sufficient cases of:
42. Which one of the following sureties, except those charged with: a. imminent danger of invasion or
circumstances is NOT an element of a. offenses punishable by death rebellion when the public safety
taking under eminent domain: when evidence of guilt is strong; requires it;
a. entering upon public property b. offenses punishable by life b. grave danger of invasion or
for a momentary period; imprisonment when evidence of rebellion when the public safety
b. under color of legal authority; guilt is strong; requires it;
c. clear and present danger of 41/50 (82%) 55. The Civil Service shall be administered by
invasion or rebellion when the the Civil Service Commission composed
public safety requires it; 51. An ex post facto law has been defined as of a:
d. invasion or rebellion when the one: a. Chairman and a Commissioner;
public safety requires it. a. which aggravates a crime or b. Chairman and two (2)
49. The right of the accused against self- makes it lesser than when it was Commissioners;
incrimination will be violated if: committed; c. Chairman and three (3)
a. he is charged with violation of b. which mitigates a crime or Commissioners;
the Anti-Money Laundering Act makes it lesser than when it was d. Chairman and four (4)
and he was required to produce committed; Commissioners.
his bank passbook; c. which aggravates a crime or 56. In Oposa vs. Factoran, Jr., G.R. No.
b. he is a public officer charged makes it greater than when it 101083, July 30, 1993, the Supreme
with amassing ill-gotten wealth was committed; Court held that the personality of the
and his statement of assets and d. which aggravates a crime or petitioners to sue is based on the
liabilities will be presented as makes it non-criminal after it concept of:
evidence; was committed. a. ecological responsibility;
c. his gun was subjected to a 52. A bill of attainder is: b. environmental accountability;
ballistics test; a. an executive act which inflicts c. intergenerational responsibility;
d. a sample of his blood was taken punishment without tender; d. interdisciplinary responsibility.
if his blood type matches the b. a judicial act which inflicts 57. In a unitary system of government, such
blood type found at the scene of punishment without tender; as the government under the Philippine
the crime. c. a legislative act which inflicts Constitutor, local government can only
50. The death penalty shall not be imposed: punishment without trial; be:
a. unless for compelling reasons d. a legislative act which pardons a. an imperuim in imperio;
involving death penalty crimes punishment after tender. b. an infa-sovereign subdivision;
and the executive hereafter 53. Which one of the following is NOT an c. a sovereign nation;
provides for it; independent Constitutional Commission d. a sovereign entity.
b. unless for compelling reasons under Article IX, Section 1 of the 58. Which one is NOT among the
involving heinous crimes and a Constitution: Constitutionally mandated grounds for
constitutional amendment a. Commission on Elections; impeachment of impeachable officials:
provides for it; b. Commission on Human Rights; a. culpable violation of the
c. unless for compelling reasons c. Civil Service Commission; Constitution;
involving heinous crimes and d. Commission on Audit. b. treason, bribery, graft and
Congress hereafter provides for 54. The independent Constitutional corruption and other high
it; Commissions enjoy: crimes;
d. unless for compelling reasons a. decisional autonomy; c. betrayal of public trust;
involving heinous crimes and b. organizational autonomy; d. culpable violation of the duty to
the Supreme Court hereafter c. fiscal autonomy; be at all times accountable to
upholds it. d. quasi-judicial autonomy. the people.
59. Which is NOT an impeachable public a. nevertheless be immure from d. National Economic Council.
officer: prosecution, trial and 67. The Independent Central Monetary
a. a justice of the Supreme Court; punishment according to law; Authority of the Government is the:
b. a commissioner of the Comelec; b. nevertheless be liable and a. Bankers Association of the
c. the administrator of the subject to prosecution, trial and Philippines;
Supreme Court; punishment under the Anti- b. Philippine Mission of the
d. the Ombudsman. Graft and Corrupt Practices Act; International Monetary Fund;
60. Which has the exclusive power to c. nevertheless be liable and c. Central Bank of the Philippines;
initiate all cases of impeachment: subject to prosecution, trial and d. World Bank, Philippine Affiliate.
a. the Senate; punishment according to law; 68. The President may contract or
b. the House of Representatives; d. nevertheless be liable and guarantee foreign loans on behalf of the
c. the Senate President; subject to prosecution, trial and Republic of the Philippines only upon
d. the Speaker of the House of punishment only for criminal prior concurrence of the:
Representatives. acts under the law. a. House of Representatives;
61. At least one-third of all the members of 64. The Ombudsman and his deputies are b. Senate;
the House of Representatives may file appointed by the President from a list c. Central Bank;
articles of impeachment by: prepared by: d. Monetary Board.
a. verified bill and resolution; a. the Integrated Bar of the 69. Bona fide associations of citizens which
b. verified complaint and Philippines; demonstrate capacity of promote the
resolution; b. the Commission on public interest and with identifiable
c. verified notice and resolution; Appointments; leadership, membership, and structure
d. verified complaint and notice. c. the Judicial and Bar Council; are:
62. The President cannot grant pardon in d. the Supreme Court. a. independent party-list
cases of impeachment. He may however 65. SALN means: organizations;
exercise such power when: a. Summary of assets, liabilities b. independent sectoral
a. A person convicted in an and net worth; organizations;
impeachment proceeding is b. Statement of assets in banks, c. independent indigenous
subject to prosecution, trial and liabilities and net worth; organizations;
punishment in an ordinary c. Statement of assets, liabilities d. independent people’s
criminal action; and net worth; organizations.
b. A person convicted in an d. Statement of personal assets, 70. The principal function of the
impeachment proceeding is liabilities and net worth. Commission on Human Rights is:
granted an absolute pardon; 66. The independent economic planning a. issue writs of injunction/
c. A person convicted in an agency of the Government as provided restraining orders;
impeachment proceeding files for by the Constitution is the: b. investigatory;
his appeal before the Supreme a. National Privatization Office; c. quasi-judicial;
Court; b. National Productivity d. rule-making.
d. None of the above. Commission; 71. Optional religious instruction in public
63. A public officer impeached and removed c. National Economic elementary and high schools is allowed
from office shall: Development Authority; provided it be:
a. without additional overtime d. attribution. may exercise certain protective
cost to Government; 76. An act or process by which a State, in jurisdiction:
b. without additional cost to compliance with a formal demand or a. baseline zone;
Government; request, surrenders to another State an b. contiguous zone;
c. without additional cost for alleged offender or fugitive criminal who c. transit zone;
religious books to Government; has sought refuge in the territory of the d. appurtenant zone.
d. without additional power first State, in order to stand trial or 81. Butchoy installed a jumper cable. He was
consumption costs to complete his prison term: prosecuted under a Makati ordinance
Government. a. extramediation; penalizing such act. He moved for its
72. Academic freedom shall be enjoyed: b. exterrertioriality; dismissal on the ground that the jumper
a. in all public institutions; c. extradition; cable was within the territorial
b. in all elementary and high d. extraterritoriality. jurisdiction of Mandaluyong and not
schools; 77. This doctrine considers the general or Makati. The case was dismissed. The City
c. in all schools; customary norms of international law as of Mandaluyong thereafter filed a case
d. in all institutions of higher a part of municipal law and are to be against him for theft under the Revised
learning. enforced as such, without regard as to Penal Code (RCP). Is there double
73. Under Article 38(1) of the Statute of the whether they are enacted as statutory or jeopardy?
International Court of Justice, which one legislative rules or not: a. No. The first jeopardy was
of the following is NOT considered a a. accession; terminated with his express
source of international law: b. incorporation; consent;
a. international conventions; c. accretion; b. Yes. This is double jeopardy of
b. international custom; d. adoption. the second kind – prosecution
c. international humanitarian law; 78. Under the United Nations Conference of for the same act under an
d. general principles of law. the Law of the Sea (UNCLOS), the extent ordinance and a law;
74. In international law, it is a norm which of the contiguous zone is: c. Yes. He is prosecuted for the
States cannot derogate or deviate from a. 3 nautical miles from the lowest same offense which has already
their agreements: water mark; been dismissed by the City of
a. terra nullius; b. 12 miles from the outer limits; Makati;
b. opinio juris; c. 12 miles from the lowest water d. No. The second kind of double
c. jus cogens; mark; jeopardy under Section 21,
d. jus cogentus. d. 200 miles from the outer limits. Article III only contemplates
75. In international law, the status of an 79. It is a line from which the breadth of the conviction or acquittal which
entity as a State is accepted by other territorial sea and other maritime zones could terminate a first jeopardy.
States through this act. It is the "act by is measured: 82. One of the cardinal primary due process
which another State acknowledges that a. contiguous line; rights in administrative proceedings is
the political entity recognized possesses b. economic line; that evidence must be "substantial."
the attributes of statehood." c. baseline; "Substantial evidence" is:
a. accession; d. archipelagic line. a. less than a mere scintilla;
b. recognition; 80. It is a maritime zone adjacent to the b. less than preponderant scintilla;
c. acknowledgment; territorial seas where the coastal state c. more than a glint of scintilla;
d. more than a mere scintilla. d. agency process involving the two weeks before the first
83. A statutory provision requiring the grant, renewal, denial, hearing thereon;
President or an administrative agency to revocation or conditioning of a b. the proposed rates shall have
present the proposed implementing license. been published in the Official
rules and regulations of a law to 86. The requirement of the Administrative Gazette at least two weeks
Congress which by itself or through a Code on "public participation" is that, if before the final hearing
committee formed by it, retains a "right" not otherwise required by law, an thereon;
or "power" to approve or disapprove agency shall: c. the proposed rates shall have
such regulations before they may take a. in all cases, publish or circulate been published in a newspaper
effect, is a: notices of proposed rules and of general circulation at least
a. legislative encroachment; afford interested parties the two weeks before the first
b. legislative veto; opportunity to submit their hearing thereon;
c. legislative oversight; views prior to the adoption of d. the proposed rates shall have
d. legislative scrutiny. any rule; been published in a newspaper
84. Which one of the enumeration below b. in all clear and proper cases, of general circulation at least
does not come under the Administrative publish or circulate notices of two weeks before the final
Code definition of a "rule": proposed rules and afford hearing thereon.
a. agency statement of general interested parties the 88. In the judicial review of decisions of
applicability that implements or opportunity to submit their administrative agencies, the
interprets a law; views prior to the adoption of Administrative Code requires that the
b. fixes and describes the any rule; review shall be made:
procedures in or practice c. as far as practicable, publish or a. on the basis of the pleadings
requirements of, an agency; circulate notices of proposed taken as a whole;
c. includes memoranda and rules and afford the party-list b. on the basis of the record taken
statements concerning internal parties the opportunity to as a whole;
administration; submit their views prior to the c. on the basis of the evidence
d. an agency process for the adoption of any rule; taken as a whole;
formulation of a final order. d. as far as practicable, publish or d. on the basis of the memoranda
85. Under the Administrative Code, circulate notices of proposed taken as a whole.
"adjudication" means: rules and afford interested 89. In the judicial review of decisions of
a. whole or any part of any agency parties the opportunity to administrative agencies, the
permit, certificate, or other submit their views prior to the Administrative Code requires that,
form of permission, or adoption of any rule. except when specifically provided
regulation of the exercise of a 87. Under the Administrative Code, in the otherwise by law:
right or privilege; fixing of rates, no rules or final order a. the findings of law of agency
b. an agency process for the shall be valid unless: when supported by substantial
formulation of a final order; a. the proposed rates shall have evidence, shall be final;
c. agency process for the been submitted to the U.P. Law b. the findings of fact of the agency
formulation, amendment, or Center for publication at least when supported by
repeal of a rule;
preponderant evidence, shall be d. protected judicial discretion. c. malice in fact rule;
final; 93. In the law of libel and protected speech, d. legal malice rule.
c. the findings of fact of the agency a person who, by his accomplishments, 97. It is form of entrapment. The method is
when supported by substantial fame, or mode of living, or by adopting a for an officer to pose as a buyer. He,
evidence, shall be final; profession or calling which gives the however, neither instigates nor induces
d. the findings of law of the agency public a legitimate interest in his doings, the accused to commit a crime because
when supported by credible his affairs, and his character, has in these cases, the "seller" has already
evidence, shall be final. become a: decided to commit a crime. The offense
90. The right of the accused to be informed a. public figure; happens right before the eyes of the
is violated if: b. celebrity; officer. Under these circumstances:
a. he was accused of killing his wife c. public official; a. there is a need for an
by strangulation but it was d. de facto public officer. administrative but not a judicial
proven that his wife died of 94. Which one of the following is not a warrant for seizure of goods and
poisoning; proper test in cases of challenges to arrest of the offender;
b. it was proven that he killed governmental acts that may violate b. there is need for a warrant for
somebody on a date different protected speech: the seizure of the goods and for
from the one alleged in the a. clear and present danger; the arrest of the offender;
information; b. balancing of interests; c. there is no need for a warrant
c. he was charged with parricide c. reasonable relation; either for the seizure of the
but was convicted of murder, d. dangerous tendency. goods or for the arrest of the
because it turned out that he 95. Commercial speech is entitled to: offender;
and the victim were not a. more protection compared to d. the offender can be arrested but
married; other constitutionally there is a need for a separate
d. the accused was charged with guaranteed expression; warrant for the seizure of the
commission of acts of b. equal protection compared to goods.
lasciviousness and was other constitutionally 98. Where a police officer observes unusual
convicted of unjust vexation. guaranteed expression; conduct which leads him reasonably to
91. A criminal statute that "fails to give a c. lesser protection compared to conclude in light of his experience that
person of ordinary intelligence fair other constitutionally criminal activity may be afoot and that
notice that his contemplated conduct is guaranteed expression; the persons with whom he is dealing
forbidden by statute" is: d. none of the above. may be armed and dangerous and he
a. void for fair notice; 96. No liability can attach to a false, identifies himself and makes reasonable
b. void for arbitrariness; defamatory statement if it relates to inquiries, but nothing serves to dispel his
c. void for vagueness; official conduct, unless the public official reasonable fear for his own or other’s
d. void conclusively. concerned proves that the statement safety, he is entitled to conduct a
92. "Chilling effect" is a concept used in the was with knowledge that it was false or carefully limited search of the outer
area of constitutional litigation affecting: with reckless disregard of whether it was clothing of such persons for weapons.
a. protected speech; false or not. This is known as what rule? Such search is constitutionally
b. protected executive privilege; a. libel malice rule; permissible and is known as a:
c. protected legislative discretion; b. actual malice rule; a. stop and search;
b. stop and frisk;
c. stop and interrogate;
d. stop and detain.
99. Accused was charged with slight illegal
detention. On the day set for the trial,
the trial court proceeded as follows:
Q: "Do you have an attorney
"Court: to the
or are you going to plead
accused:
guilty?"
A: "I have no lawyer and i
will plead guilty."
Accused was then arraigned, pleaded guilty, was
found guilty and sentenced. On appeal, the
Supreme Court reversed. The accused was
deprived of his:
a. right to cross-examination;
b. right to be presumed innocent;
c. right to counsel;
d. right to production of evidence.
100. The constitutional right of an
accused "to meet the witnesses face to
face" is primarily for the purpose of
affording the accused an opportunity to:
a. identify the witness;
b. cross-examine the witness;
c. be informed of the witness;
d. be heard.

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