DAY 1 (AM) Political Law Flashcards
(1) Filipino citizenship may be acquired through judicial naturalization only by an alien
(A) born, raised, and educated in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen.
(B) who has all the qualifications and none of the disqualifications to become a Filipino citizen.
(C) born and raised in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen.
(D) whose mother or father is a naturalized Filipino and who himself is qualified to be naturalized.
(B) who has all the qualifications and none of the disqualifications to become a Filipino citizen.
(2) Jax Liner applied for a public utility bus service from Bacolod to Dumaguete from the Land Transportation Franchising and Regulatory Board (LTFRB). BB Express opposed. LTFRB ruled in favor of Jax. BB appealed to the Secretary of the Department of Transportation and Communication (DOTC), who reversed the LTFRB decision. Jax appealed to the Office of the President which reinstated the LTFRB’s ruling. BB Express went to the Court of Appeals on certiorari questioning the decision of the Office of the President on the ground that Office of the President has no jurisdiction over the case in the absence of any law providing an appeal from DOTC to the Office of the President. Will the petition prosper?
(A) No, exhaustion of administrative remedies up to the level of the President is a pre-requisite to judicial recourse.
(B) No, the action of the DOTC Secretary bears only the implied approval of the President who is not precluded from reviewing the decision of the former.
(C) Yes, when there is no law providing an appeal to the Office of the President, no such appeal may be pursued.
(D) Yes, the doctrine of qualified political agency renders unnecessary a further appeal to the Office of the President.
(B) No, the action of the DOTC Secretary bears only the implied approval of the President who is not precluded from reviewing the decision of the former.
(3) Where A is set for promotion to Administrative Assistant III and B to the post of Administrative Assistant II vacated by A, the appointing authority must
(A) submit to the CSC the two promotional appointments together for approval.
(B) not appoint B until the CSC has approved A’s appointment.
(C) submit to the Civil Service Commission (CSC) the second appointment after its approval of the first.
(D) simultaneously issue the appointments of A and B.
(A) submit to the CSC the two promotional appointments together for approval.
(4) When a witness is granted transactional immunity in exchange for his testimony on how his immediate superior induced him to destroy public records to cover up the latter’s act of malversation of public funds, the witness may NOT be prosecuted for
(A) direct contempt.
(B) infidelity in the custody of public records.
(C) falsification of public documents.
(D) false testimony.
(B) infidelity in the custody of public records.
(5) Mario, a Bureau of Customs’ examiner, was administratively charged with grave misconduct and preventively suspended pending investigation. The head of office found him guilty as charged and ordered his dismissal. The decision against him was executed pending appeal. The Civil Service Commission (CSC) subsequently found him guilty and after considering a number of mitigating circumstances, reduced his penalty to only one month suspension. Is Mario entitled to back salaries?
(A) Yes, the reduction of the penalty means restoration of his right to back salaries.
(B) No, the penalty of one month suspension carries with it the forfeiture of back salaries.
(C) No, he is still guilty of grave misconduct, only the penalty was reduced.
(D) Yes, corresponding to the period of his suspension pending appeal less one month.
(C) No, he is still guilty of grave misconduct, only the penalty was reduced.
(6) Althea, a Filipino citizen, bought a lot in the Philippines in 1975. Her predecessors-in-interest have been in open, continuous, exclusive and notorious possession of the lot since 1940, in the concept of owner. In 1988, Althea became a naturalized Australian citizen. Is she qualified to apply for registration of the lot in her name?
(A) Yes, provided she acquires back her Filipino citizenship.
(B) No, except when it can be proved that Australia has a counterpart domestic law that also favors former Filipino citizens residing there.
(C) Yes, the lot is already private in character and as a former natural-born Filipino, she can buy the lot and apply for its registration in her name.
(D) No, foreigners are not allowed to own lands in the Philippines.
(C) Yes, the lot is already private in character and as a former natural-born Filipino, she can buy the lot and apply for its registration in her name.
(7) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court or when
(A) public safety or public health requires otherwise as prescribed by law.
(B) dictated by the need to maintain public peace and order.
(C) public safety or order requires otherwise as prescribed by law.
(D) public safety or order requires otherwise as determined by the President.
(C) public safety or order requires otherwise as prescribed by law.
(8) One advantage of a written Constitution is its
(A) reliability.
(B) permanence.
(C) flexibility.
(D) expediency.
(B) permanence.
(9) An appointment held at the pleasure of the appointing power
(A) essentially temporary in nature.
(B) requires special qualifications of the appointee.
(C) requires justifiable reason for its termination.
(D) is co-extensive with the term of the public officer who appointed him.
(A) essentially temporary in nature.
(10) The city government filed a complaint for expropriation of 10 lots to build a recreational complex for the members of the homeowners’ association of Sitio Sto. Tomas, the most populated residential compound in the city. The lot owners challenged the purpose of the expropriation. Does the expropriation have a valid purpose?
(A) No, because not everybody uses a recreational complex.
(B) No, because it intends to benefit a private organization.
(C) Yes, it is in accord with the general welfare clause.
(D) Yes, it serves the well-being of the local residents.
(B) No, because it intends to benefit a private organization.
(11) An example of a content based restraint on free speech is a regulation prescribing
(A) maximum tolerance of pro-government demonstrations.
(B) a no rally-no permit policy.
(C) when, where, and how lawful assemblies are to be conducted.
(D) calibrated response to rallies that have become violent.
(A) maximum tolerance of pro-government demonstrations.
(12) The President forged an executive agreement with Vietnam for a year supply of animal feeds to the Philippines not to exceed 40,000 tons. The Association of Animal Feed Sellers of the Philippines questioned the executive agreement for being contrary to R.A. 462 which prohibits the importation of animal feeds from Asian countries. Is the challenge correct?
(A) Yes, the executive agreement is contrary to our existing domestic law.
(B) No, the President is the sole organ of the government in external relations and all his actions as such form part of the law of the land.
(C) No, international agreements are sui generis which must stand independently of our domestic laws.
(D) Yes, the executive agreement is actually a treaty which does not take effect without ratification by the Senate.
(A) Yes, the executive agreement is contrary to our existing domestic law.
(13) Jose Cruz and 20 others filed a petition with the COMELEC to hold a plebiscite on their petition for initiative to amend the Constitution by shifting to a unicameral parliamentary form of government. Assuming that the petition has been signed by the required number of registered voters, will it prosper?
(A) No, only Congress can exercise the power to amend the Constitution.
(B) Yes, the people can substantially amend the Constitution by direct action.
(C) Yes, provided Congress concurs in the amendment.
(D) No, since they seek, not an amendment, but a revision.
(D) No, since they seek, not an amendment, but a revision.
(14) The Comelec en banc cannot hear and decide a case at first instance EXCEPT when
(A) a Division refers the case to it for direct action.
(B) the case involves a purely administrative matter.
(C) the inhibition of all the members of a Division is sought.
(D) a related case is pending before the Supreme Court en banc.
(B) the case involves a purely administrative matter.
(15) Each of the Constitutional Commissions is expressly described as “independent,” exemplified by its
(A) immunity from suit.
(B) fiscal autonomy.
(C) finality of action.
(D) collegiality.
(B) fiscal autonomy.
(16) There is double jeopardy when the dismissal of the first case is
(A) made at the instance of the accused invoking his right to fair trial.
(B) made upon motion of the accused without objection from the prosecution.
(C) made provisionally without objection from the accused.
(D) based on the objection of the accused to the prosecution’s motion to postpone trial.
(D) based on the objection of the accused to the prosecution’s motion to postpone trial.
(17) The new Commissioner of Immigration, Mr. Suarez, issued an Office Order directing the top immigration officials to tender courtesy resignation to give him a free hand in reorganizing the agency. In compliance, Director Sison of the Administrative Department tendered his resignation in writing which Mr. Suarez immediately accepted. Director Sison went to court, assailing the validity of his courtesy resignation and Mr. Suarez’s acceptance of the same. Will the action prosper?
(A) No, Director Sison tendered his resignation and it was accepted.
(B) No, estoppel precludes Director Sison from disclaiming the resignation he freely tendered.
(C) Yes, for so long as no one has yet been appointed to replace him, Director Sison may still withdraw his resignation.
(D) Yes, Director Sison merely complied with the order of the head of office; the element of clear intention to relinquish office is lacking.
(D) Yes, Director Sison merely complied with the order of the head of office; the element of clear intention to relinguish office is lacking.
(18) An administrative rule that fixes rates is valid only when the proposed rates are
(A) published and filed with the UP Law Center.
(B) published and hearings are conducted.
(C) published and posted in three public places.
(D) published and all stakeholders are personally notified.
(B) published and hearings are conducted.
(19) The government sought to expropriate a parcel of land belonging to Y. The law provides that, to get immediate possession of the land, the government must deposit the equivalent of the land’s zonal value. The government insisted, however, that what apply are the rules of court which require an initial deposit only of the assessed value of the property. Which should prevail on this matter, the law or the rules of court?
(A) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is higher.
(B) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is lower.
(C) The law should prevail since the right to just compensation is a substantive right that Congress has the power to define.
(D) The rules of court should prevail since just compensation is a procedural matter subject to the rule making power of the Supreme Court.
(C) The law should prevail since the right to just compensation is a substantive right that Congress has the power to define.
(20) After X, a rape suspect, was apprised of his right to silence and to counsel, he told the investigators that he was waiving his right to have his own counsel or to be provided one. He made his waiver in the presence of a retired Judge who was assigned to assist and explain to him the consequences of such waiver. Is the waiver valid?
(A) No, the waiver was not reduced in writing.
(B) Yes, the mere fact that the lawyer was a retired judge does not cast doubt on his competence and independence.
(C) Yes, the waiver was made voluntarily, expressly, and with assistance of counsel.
(D) No, a retired Judge is not a competent and independent counsel.
(A) No, the waiver was not reduced in writing.
(21) Governor Paloma was administratively charged with abuse of authority before the Office of the President. Pending hearing, he ran for reelection and won a second term. He then moved to dismiss the charge against him based on this supervening event. Should the motion be granted?
(A) Yes, Governor Paloma’s reelection is an expression of the electorate’s obedience to his will.
(B) No, Governor Paloma’s reelection cannot extinguish his liability for malfeasance in office.
(C) No, Governor Paloma’s reelection does not render moot the administrative case already pending when he filed his certificate of candidacy for his reelection bid.
(D) Yes, Governor Paloma’s reelection is an expression of the electorate’s restored trust.
(D) Yes, Governor Paloma’s reelection is an expression of the electorate’s restored trust.
(22) The decision of the Regional Trial Court on appeals pertaining to inclusions or exclusions from the list of voters
(A) is inappealable.
(B) is subject to an action for annulment.
(C) may be brought straight to the Supreme Court.
(D) is appealable to the Commission on Elections.
(A) is inappealable.
(23) The equal protection clause allows valid classification of subjects that applies
(A) only to present conditions.
(B) so long as it remains relevant to the government.
(C) for a limited period only.
(D) for as long as the problem to be corrected exists.
(D) for as long as the problem to be corrected exists.
(24) The President wants to appoint A to the vacant post of Associate Justice of the Supreme Court because of his qualifications, competence, honesty, and efficiency. But A’s name is not on the list of nominees that the Judicial and Bar Council (JBC) submitted to the President. What should the President do?
(A) Request the JBC to consider adding A to the list.
(B) Decline to appoint from the list.
(C) Appoint from the list.
(D) Return the list to JBC.
(C) Appoint from the list.
(25) Courts may still decide cases that have otherwise become academic when they involve
(A) the basic interest of people.
(B) petitions for habeas corpus.
(C) acts of the Chief Executive.
(D) Presidential election protests.
(A) the basic interest of people.
(26) The right of the State to prosecute crimes by available evidence must yield to the right of
(A) the accused against self-incrimination.
(B) another State to extradite a fugitive from justice.
(C) the State to deport undesirable aliens.
(D) the complainant to drop the case against the accused.
(A) the accused against self-incrimination.
(27) A temporary appointee to a public office who becomes a civil service eligible during his tenure
(A) loses his temporary appointment without prejudice to his re-appointment as permanent.
(B) has the right to demand conversion of his appointment to permanent.
(C) automatically becomes a permanent appointee.
(D) retains his temporary appointment.
(D) retains his temporary appointment.
(28) Upon endorsement from the Senate where it was first mistakenly filed, the House of Representatives Committee on Justice found the verified complaint for impeachment against the President sufficient in form but insufficient in substance. Within the same year, another impeachment suit was filed against the President who questioned the same for being violative of the Constitution. Is the President correct?
(A) No, “initiated” means the Articles of Impeachment have been actually filed with the Senate for trial; this did not yet happen.
(B) No, the first complaint was not deemed initiated because it was originally filed with the Senate.
(C) Yes, the dismissal of the first impeachment proceeding bars the initiation of another during the same term of the President.
(D) Yes, no impeachment proceeding can be filed against the President more than once within a year.
(D) Yes, no impeachment proceeding can be filed against the President more than once within a year.
(29) The Solicitor General declines to institute a civil action on behalf of a government agency due to his strained relation with its head, insisting that the agency’s lawyers can file the action. Is the Solicitor General correct?
(A) Yes, when he deems he cannot harmoniously and effectively work with the requesting agency.
(B) No, he must, in choosing whether to prosecute an action, exercise his discretion according to law and the best interest of the State.
(C) Yes, as in any lawyer-client relationship, he has the right to choose whom to serve and represent.
(D) No, the Solicitor General’s duty to represent the government, its offices and officers is mandatory and absolute.
(B) No, he must, in choosing whether to prosecute an action, exercise his discretion according to law and the best interest of the State.
(30) A department secretary may, with the President’s consent, initiate his appearance before the Senate or the House of Representatives which
(A) must seek the concurrence of the other House before acting.
(B) must hold an executive session to hear the department secretary.
(C) may altogether reject the initiative.
(D) must accept such initiated appearance.
(C) may altogether reject the initiative.
(31) The Metro Manila Development Authority (MMDA) passed a rule authorizing traffic enforcers to impound illegally parked vehicles, for the first offense, and confiscate their registration plates for the second. The MMDA issued this rule to implement a law that authorized it to suspend the licenses of drivers who violate traffic rules. Is the MMDA rule valid?
(A) No, since the MMDA does not have rule-making power.
(B) Yes, it is a valid exercise of the power of subordinate legislation.
(C) Yes, it is an implicit consequence of the law upon which it acted.
(D) No, the rule goes beyond the sphere of the law.
(D) No, the rule goes beyond the sphere of the law.
(32) Senator Bondoc was charged with murder and detained at the Quezon City Jail. He invoked, in seeking leave from the court to attend the session of the Senate, his immunity from arrest as a Senator. How should the court rule on his motion?
(A) Deny the motion unless the Senate issues a resolution certifying to the urgency of his attendance at its sessions.
(B) Grant the motion provided he posts bail since he is not a flight risk.
(C) Grant the motion so as not to deprive the people who elected him their right to be represented in the Senate.
(D) Deny the motion since immunity from arrest does not apply to a charge of murder.
(D) Deny the motion since immunity from arrest does not apply to a charge of murder.
(33) X, an administrative officer in the Department of Justice, was charged with grave misconduct and preventively suspended for 90 days pending investigation. Based on the evidence, the Secretary of Justice found X guilty as charged and dismissed him from the service. Pending appeal, X’s dismissal was executed. Subsequently, the Civil Service Commission (CSC) reversed the Secretary’s decision and the reversal became final and executory. What is the effect of X’s exoneration?
(A) X is entitled to reinstatement and back salaries both during his 90 day preventive suspension and his suspension pending appeal.
(B) X is entitled to reinstatement and back salaries corresponding only to the period of delay caused by those prosecuting the case against him.
(C) X is entitled to reinstatement but not to back salaries on ground of “damnum absque injuria.”
(D) X is entitled to reinstatement and back salaries during his suspension pending appeal.
(D) X is entitled to reinstatement and back salaries during his suspension pending appeal.
(34) Courts may dismiss a case on ground of mootness when
(A) the case is premature.
(B) petitioner lacks legal standing.
(C) the questioned law has been repealed.
(D) the issue of validity of law was not timely raised.
(C) the questioned law has been repealed.
(35) Alfredo was elected municipal mayor for 3 consecutive terms. During his third term, the municipality became a city. Alfredo ran for city mayor during the next immediately succeeding election. Voltaire sought his disqualification citing the 3 term limit for elective officials. Will Voltaire’s action prosper?
(A) No, the 3 term limit should not apply to a person who is running for a new position title.
(B) Yes, the 3 term limit applies regardless of any voluntary or involuntary interruption in the service of the local elective official.
(C) Yes, the 3 term limit uniformly applies to the office of mayor, whether for city or municipality.
(D) No, the 3 term limit should not apply to a local government unit that has assumed a different corporate existence.
(C) Yes, the 3 term limit uniformly applies to the office of mayor, whether for city or municipality.
(36) In what scenario is an extensive search of moving vehicles without warrant valid?
(A) The police became suspicious on seeing something on the car’s back seat covered with blanket.
(B) The police suspected an unfenced lot covered by rocks and bushes was planted to marijuana.
(C) The police became suspicious when they saw a car believed to be of the same model used by the killers of a city mayor.
(D) The driver sped away in his car when the police flagged him down at a checkpoint.
(D) The driver sped away in his car when the police flagged him down at a checkpoint.
(37) Pre-proclamation controversies shall be heard
(A) summarily without need of trial.
(B) through trial by commissioner.
(C) ex parte.
(D) through speedy arbitration.
(A) summarily without need of trial.
(38) When the President orders the Chief of the Philippine National Police to suspend the issuance of permits to carry firearms outside the residence, the President exercises
(A) the power of control.
(B) the Commander-in-Chief power.
(C) the power of supervision.
(D) the calling out power.
(A) the power of control.
(39) Carlos, a foreign national was charged with and convicted of a serious crime in State X and sentenced to life imprisonment. His country applied for relief with the International Court of Justice (ICJ), arguing that State X did not inform Carlos of his right under Article 36 of the Vienna Convention to be accorded legal assistance by his government. State X, as signatory to the Vienna Convention, agreed to ICJ’s compulsory jurisdiction over all disputes regarding the interpretation or application of the Vienna Convention. ICJ ruled that State X violated its obligation to provide consular notification to the foreign national’s country. ICJ also required State X to review and reconsider the life sentence imposed on the foreign national. State X then wrote the United Nations informing that it was withdrawing from the Optional Protocol on Vienna Convention and was not bound by the ICJ decision. What principle of international law did State X violate?
(A) Pacta Sunt Servanda
(B) Act of State Doctrine
(C) Protective Principle
(D) Jus Cogens
(A) Pacta Sunt Servanda
(40) An informer told the police that a Toyota Car with plate ABC 134 would deliver an unspecified quantity of ecstacy in Forbes Park, Makati City. The officers whom the police sent to watch the Forbes Park gates saw the described car and flagged it down. When the driver stopped and lowered his window, an officer saw a gun tucked on the driver’s waist. The officer asked the driver to step out and he did. When an officer looked inside the car, he saw many tablets strewn on the driver’s seat. The driver admitted they were ecstacy. Is the search valid?
(A) No, the rule on warrantless search of moving vehicle does not allow arbitrariness on the part of the police.
(B) Yes, the police officers had the duty to verify the truth of the information they got and pursue it to the end.
(C) Yes, the police acted based on reliable information and the fact that an officer saw the driver carrying a gun.
(D) No, police officers do not have unbridled discretion to conduct a warrantless search of moving vehicles.
(C) Yes, the police acted based on reliable information and the fact that an officer saw the driver carrying a gun.
