DAY 1 (AM) Political Law

Question 1

1. Constitution is defined by Cooley as ___________.

A. a body of statutory, administrative and political provisions by which the three branches of government are defined

B. a body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised

C. a body of rules and edicts emanating from the rulings of courts and written guidelines of the executive and the legislature by which government is governed

D. a body of interpretations and rules by which the three branches of government are judged for purposes of sovereign compliance with good corporate governance

Question 2

2. The three essential parts of a Constitution are _________.

A. the bill of rights, governmental organization and functions, and method of amendment

B. the preamble, the bill of rights, and provisions on checks and balances

C. the national territory, the declaration of principles and state policies, and the transitory provisions

D. the executive department, the legislative department, and the judiciary

Question 3

3. The constitutional provision on initiative and referendum is not self-executory. This is so because it requires __________.

A. an implementing resolution from the COMELEC

B. an implementing resolution from the Supreme Court

C. an implementing legislation

D. an implementing resolution from the party-list representative of the House of Representatives

Question 4

4. In an amendment to the constitution by “initiative and referendum”, the “initiative” phase is meant that the people propose the amendments. There is a valid proposal when a proposition has received the approval of ____________.

A. at least 3% of the persons of majority age of each district, and 12% of the registered voters of the region from proposal emanates

B. at least 3% of the registered voters of each province and 12% of the total number of registered voters nationwide

C. at least 3% of the registered voters of each district and 12% of the total number of registered voters nationwide

D. more than 3% of the 3% of the registered voters of each district but less than 12% of the total number of registered voters nationwide

Question 5

5. The Constitution declares that the Philippines is a republican state. Republicanism means __________.

A. the form of government must be presidential

B. the representatives of the government are elected by the people

C. sovereignty resides in the elected representatives of the government

D. the form of government cannot be changed by the people

Question 6

6. A chief characteristic of the presidential form of government is ___________.

A. concentration of power in the judiciary thru the power of expanded judicial review

B. supremacy of the presidency compared to the totality of powers of the legislative

C. regular periodic election of the President for a fixed term

D. unlimited term for the President for as long as elected by the people in free and honest elections

Question 7

7. Which of the following best exemplifies how the system of checks and balances is carried out?

A. The legislature passes a law that prohibits the president from commuting a judiciary imposed sentence, as a check of the president.

B. The President pardons a convict as a way to set aside or modify a judgment of the judiciary.

C. The judiciary overturns a pardon granted by the President as a check on executions.

D. The President pardons an accused after arraignment in the interest of justice.

Question 8

8. Which phrase best completes the following statement?

The starting point of the principle of separation of powers is the assumption of the division of the functions of government into three distinct classes ____________.

A. the bill of rights, state policies, and social justice and human rights

B. the accountability of public officers, the constitutional commissions, and the national economy and patrimony

C. the self-executing provisions, the non-self-executing provisions, and the self-evident social justice provisions

D. the executive, the legislative, and the judicial

Question 9

9. The Constitution provides that the “separation of church and state shall be inviolable.” This is implemented most by the constitutional principles embodied in ___________.

A. the free exercise clause

B. the non-establishment clause

C. the freedom of religious belief clause

D. the freedom of religion clause

Question 10

10. Which one of the following is a non-self-executing provision of the Constitution?

A. No law shall be passed abridging the freedom of speech.

B. No law shall be made respecting an establishment of religion.

C. No person shall be held to answer for a criminal offense without due process of law.

D. The state shall encourage and support researches and studies on the arts and culture.

Question 11

11. Basic Philippine law, in respect of the modes of acquiring citizenship, follows the rule(s) of __________.

A. jus soli and jus sanguinis

B. naturalization and provides for jus soli

C. jus sanguinis and provides for naturalization

D. none of the above

Question 12

12. Dual allegiance by citizen is _______.

A. inimical to the national interest and is therefore proscribed by law

B. inimical to the national interest and is therefore prescribed by law

C. inimical to the national interest and therefore shall be dealt with by law

D. inimical to the national interest and is therefore outside of coverage of law

Question 13

13. Margarita was born in 1986 to a Filipino mother and Swedish father. She has been living and continues to live in the US for the last 20 years and has also been naturalized as a US citizen. She recently reacquired Philippine citizenship under RA 9225, the Citizenship Retention and Reacquisition Act of 2003.

Can Margarita vote in the next national elections?

A. Yes. Dual citizens who are not residents may register under the Overseas Absentee Voting Law.

B. Yes. Margarita is a Filipino citizen and thus may enjoy the right to suffrage like everyone else without registering as an overseas absentee voter.

C. No. Margarita fails the residency requirement under Section 1, Article V of the Constitution for Filipinos.

D. No. Dual citizens upon renunciation of their Filipino citizenship and acquisition of foreign citizenship, have practically and legally abandoned their domicile and severed their legal ties to their homeland as a consequence.

Question 14

4. Which of the following is is an invalid exercise of the legislative power?

A. legislation by local government on purely local matters

B. law granting an administrative agency the power to define policy and fix standards on price control

C. law authorizing the President, in times of war or other national emergency, for a limited period, subject to prescribed restrictions, to exercise powers necessary and proper to carry out a declared national policy

D. law authorizing the President to fix, within specific limits, tariff rates, import and export quotas, and other duties, within the framework of the national development program of the government

Question 15

15. Which one of the following theories does not support the valid delegation of authority by the Congress to an administrative agency?

A. An administrative agency may “fill up the details” of a statute.

B. The legislature may leave to another body the ascertainment of facts necessary to bring the law into actual operation.

C. An administrative agency has equal expertise with the legislature in crafting and implementing laws.

D. Contingent legislation.

Question 16

16. The rule in Article V1, Section 5 (3) of the Constitution that “Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory” is a prohibition against ___________.

A. re-apportionment

B. commandeering of votes

C. gerrymandering

D. re-districting

Question 17

17. Article V1, Section 5(3) of the Constitution requires that for a city to be entitled to have at least one representative, its population shall be at least __________.

A. 250,000

B. 150,000

C. 100,000

D. 175,000

Question 18

18. A Senator or Member of the House of Representatives shall be privileged from arrest while Congress is in session for all offenses punishable by imprisonment of not more than _________.

A. life imprisonment

B. reclusion perpetua

C. six years imprisonment

D. four years imprisonment

Question 19

19. No Senator or member of the House of Representatives may personally appear as counsel before _________.

A. any regional court

B. any court of justice

C. any inferior court

D. any appellate court

Question 20

20. Which of the following can be changed by an ordinary law enacted by Congress?

A. commencement of the term of office of Senators

B. date of regular election for President and Vice Presidential

C. authority to transfer appropriation

D. regular election of the members of Congress

Question 21

21. Congress shall have the sole power to declare the existence of a state of war by vote of __________.

A. three-fourths of both Houses in joint session assembled, voting jointly

B. two-thirds of both Houses in joint session assembled, voting jointly

C. two-thirds of both Houses in separate session assembled, voting jointly

D. two-thirds of both Houses in joint session, voting separately

Question 22

22. If by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuring fiscal year, the general appropriations law for the preceding fiscal year shall be deemed _______.

A. referred

B. unacted

C. refilled

D. re-enacted

Question 23

23. Provisions unrelated to an appropriation bill are considered prohibited. These are called ____________.

A. interlopers

B. riders

C. outriggers

D. add-ons

Question 24

24. The requirement that “Every bill shall embrace only one subject which shall be expressed in the title thereof” prevents _________.

A. rollercoaster legislation

B. log-rolling legislation

C. rolling fields legislation

D. loggerhead legislation

Question 25

25. The power of the President to veto any particular part in an appropriation revenue, or tariff bill, is called the _______.

A. specific veto

B. revenue veto

C. item veto

D. monetary veto

Question 25

26. A tax is progressive when ______.

A. the rate fluctuates as the tax base decreases

B. the rate increases as the tax base remains the same

C. the rate increases as the tax base increases

D. the rate decreases as the tax base increases

Question 26

27. When the Supreme Court sits en banc, cases are decided by the concurrence of a majority of the members who ________.

A. actually sent in memos on matters for deliberation and called in their votes thereon

B. actually participated in the oral arguments and voted thereon

C. actually took part in the deliberations on the issues in the case and voted thereon

D. actually took part in the voting thereon and took notes on the actual deliberations

Question 27

28. When the Supreme Court sits in division, cases can be decided by as few as a minimum of _______.

A. three votes

B. four votes

C. five votes

D. six votes

Question 28

29. A person who has a personal and substantial interest in the case, such that he has sustained, or will sustain, direct injury as a result of its enforcement is considered to have __________.

A. understanding to challenge the governmental act

B. standing to challenge the governmental act

C. opportunity to challenge the governmental act

D. familiarity to challenge the governmental act

Question 29

30. Congressman Sugar Oll authored a bill called House Bill No, 0056 which legalizes jueteng. When the Bill became law (RA 10156), Fr. Nosu Gal, a priest, filed a petition seeking for the nullification of RA 10156 on the ground that it is unconstitutional as it violates Section 13, Article II, of the 1987 Constitution which states that “The state recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being”. Fr. Gal filed the petition as a concerned citizen and as taxpayer.

Does Fr. Gal have locus standi?

A. No, because Fr. Gal has no personal and substantial interest that will be prejudiced by the implementation of the law.

B. No, the law concerns neither citizens nor expenditure of public funds.

C. Yes, because the issue is of transcendental importance.

D. Yes, because as priest, Fr. Gal has special interest in the well-being of the youth.

Question 30

31. Where there is “the impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government; or an unusual need for unquestioning adherence to a political decision already made; or the potentially of embarrassment from multifarious pronouncement by various departments on a question,” describes what kind of political question?

A. adherence kind

B. prudential kind

C. respectful kind

D. deference kind

Question 31

32. The “operative fact” doctrine of constitutional law is applied when a law is declared _________.

A. operative

B. factual

C. constitutional

D. unconstitutional

Question 32

33. The totality of governmental power is contained in three great powers of ____________.

A. police power, power of sequestration, and power of foreign policy

B. power of immigration, municipal power, and legislative power

C. executive power, legislative power, and judicial power

D. police power, power of eminent domain, and power of taxation

Question 33

34. The most essential, insistent, and the least limitable of (government) powers, extending as it does to all the great public needs, is __________.

A. emergency power

B. police power

C. legislative power

D. power to declare martial law

Question 34

35. In the hierarchy of civil liberties, which right occupies the highest preferred position?

A. right to academic freedom

B. right to a balanced and healthful ecology

C. right to freedom of expression and of assembly

D. right to equal health

Question 35

36. In which of the following would there be no double jeopardy even if a subsequent case is filed?

A. Pot is accused before the RTC of qualified theft. After innumerable postponements against Pot’s wishes, he moves for dismissal for denial of the right to a speedy trial. Prosecutor objected. Dismissal granted.

B. Pot is accused before the RTC of qualified theft. After innumerable postponements against Pot’s wishes, the prosecutor moves for dismissal with the consent of Pot. Granted.

C. Pot is accused before the RTC of qualified theft. After innumerable postponements against Pot’s wishes, he moves for dismissal for denial of the right to a speedy trial. Prosecutor posts no objections. Dismissal granted.

D. Pot is accused before the RTC of qualified theft. After innumerable postponements against Pot’s wishes, the prosecutor moves for dismissal over the objections of Pot. Granted.

Question 36

37. Under Article III, Section 2 of the Bill of Rights, which provides for the exclusion of evidence that violate the right to privacy of communication and correspondence, to come under the exclusionary rule, the evidence must be obtained by _________.

A. private individuals acting on their own

B. government agents

C. private individuals acting on orders of superiors

D. former high government officials

Question 37

38. The complementing regime that best characterizes the guarantees of freedom of speech and of the press are ________.

A. prior punishment and moderate punishment

B. prior censorship and subsequent remedies

C. no prior restraint and subsequent punishment

D. no prior restraint and no subsequent punishment

Question 38

39. The free exercise and non-establishment clauses pertain to which right under the Bill of Rights?

A. liberty of movement

B. liberty of abode

C. religion

D. life and liberty

Question 39

40. The Gangnam Style’s Witnesses (whose tenets are derogatory to the Catholic Church), applied for a permit to use the public plaza and kiosk to hold their religious meeting on the occasion of their founding anniversary. Mayor Lebron allowed them to use the northwestern part of the plaza but not the kiosk (which is a few meters away from the Catholic church). Members of the Gangnam Style Witnesses claim that the act of Mayor Lebron is a violation of their freedom of assembly and religion.

Is this correct?

A. No, because this is valid exercise of police power.

B. Yes, because the plaza being of public use can be used by anybody regardless of religious belief.

C. No, because historical experience shows that peace and order may be disturbed whenever two opposing religious groups or beliefs expound their dogmas.

D. Yes, because there is no clear and present danger in holding a religious meeting by another religious group near a Catholic church.

Question 40

41. Which one of the following is NOT a recognized limitation to the right to information on matters of public concern?

A. national security matters

B. trade secrets and banking transactions

C. criminal matters or classified law enforcement matters

D. government research data used as a basis for policy development

Question 41

42. Which one of the following circumstances is NOT an element of taking under eminent domain?

A. entering upon public property for a momentary period

B. under color of legal authority

C. devoting it to public use

D. as substantially to cut the owner of all beneficial ownership

Question 42

43. Market value, for purposes of determining just compensation in eminent domain, has been described as the fair value of property _________.

A. between one who desires to purchase and one does not desire to sell

B. between one who desires to purchase and one who wants to delay selling

C. between one who desires to purchase and one who desires to sell

D. between one who desires to purchase on terms and one who desires to sell after a period of time

Question 43

44. Under Article III, Section 12 of the Constitution, any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent, etc. The investigation referred to is called ___________.

A. preliminary investigation

B. summary investigation

C. criminal investigation

D. custodial investigation

Question 44

45. All persons charged shall, before conviction, be bailable by sufficient sureties, except those charged with ________.

A. offenses punishable by death when evidence of guilt is strong

B. offenses punishable by life imprisonment when evidence of guilt is strong

C. offenses punishable by death when evidence of guilt is weak

D. offenses punishable by reclusion perpetua when evidence of guilt is strong

Question 45

46. Criminal trial may proceed, notwithstanding the absence of the accused provided that he has been duly notified, and his failure to appear is unjustifiable, after __________.

A. preliminary investigation

B. arraignment

C. sentencing

D. prosecution has rested its case

Question 46

47. The requisites of a valid trial in absentia exclude ________.

A. wherein his/her failure to appear is unjustifiable

B. wherein he/she allows himself/herself to be identified by the witness in his/her absence, without further unqualified admitting that every time a witness mentions a name by which he/she is known, it shall be understood to refer to him/her

C. wherein he/she has been duly notified of the trial

D. wherein the accused has already been arraigned

Question 47

48. The privilege of the writ of habeas corpus shall not be suspended except in cases of _________.

A. imminent danger of invasion or rebellion when the public safety requires it

B. grave danger of invasion or rebellion when the public safety requires it

C. clear and present danger of invasion or rebellion when the public safety requires it

D. invasion or rebellion when the public safety requires it

Question 48

49. The right of the accused against self-incrimination will be violated if ________.

A. he is charged with violation of the Anti-Money Laundering Act and he was required to produce his bank passbook

B. he is a public officer charged with amassing ill-gotten wealth and his statement of assets and liabilities will be presented as evidence

C. his gun was subjected to a ballistics test

D. a sample of his blood was taken if his blood type matches the blood type found at the scene of the crime

Question 49

50. The death penalty shall not be imposed _____.

A. unless for compelling reasons involving death penalty crimes and the executive hereafter provides for it

B. unless for compelling reasons involving heinous crimes and a constitutional amendment provides for it

C. unless for compelling reasons involving heinous crimes and Congress hereafter provides for it

D. unless for compelling reasons involving heinous crimes and the Supreme Court hereafter upholds it

Question 50

51. An ex post facto law has been defined as one _______.

A. which aggravates a crime or makes it lesser than when it was committed

B. which mitigates a crime or makes it lesser than when it was committed

C. which aggravates a crime or makes it greater than when it was committed

D. which aggravates a crime or makes it non-criminal after it was committed

Question 51

52. A bill of attainder is ______.

A. an executive act which inflicts punishment without tender

B. a judicial act which inflicts punishment without tender

C. a legislative act which inflicts punishment without trial

D. a legislative act which pardons punishment after tender

Question 52

53. Which one of the following is NOT an independent Constitutional Commission under Article IX, Section 1 of the Constitution?

A. Commission on Elections

B. Commission on Human Rights

C. Civil Service Commission

D. Commission on Audit

Question 53

54. The independent Constitutional Commissions enjoy ____.

A. decisional autonomy

B. organizational autonomy

C. fiscal autonomy

D. quasi-judicial autonomy

Question 54

55. The Civil Service shall be administered by the Civil Service Commission composed of a ________.

A. Chairman and a Commissioner

B. Chairman and two (2) Commissioners

C. Chairman and three (3) Commissioners

D. Chairman and four (4) Commissioners

Question 55

56. In Oposa vs. Factoran, Jr., G.R. No. 101083, July 30, 1993, the Supreme Court held that the personality of the petitioners to sue is based on the concept of _______.

A. ecological responsibility

B. environmental accountability

C. intergenerational responsibility

D. interdisciplinary responsibility

Question 56

57. In a unitary system of government, such as the government under the Philippine Constitutor, local government can only be ________.

A. an imperuim in imperio

B. an infa-sovereign subdivision

C. a sovereign nation

D. a sovereign entity

Question 57

58. Which one is NOT among the Constitutionally mandated grounds for impeachment of impeachable officials?

A. culpable violation of the Constitution

B. treason, bribery, graft and corruption and other high crimes

C. betrayal of public trust

D. culpable violation of the duty to be at all times accountable to the people

Question 58

59. Which is NOT an impeachable public officer?

A. a justice of the Supreme Court

B. a commissioner of the Comelec

C. the administrator of the Supreme Court

D. the Ombudsman

Question 59

60. Which of the following has the exclusive power to initiate all cases of impeachment?

A. the Senate

B. the House of Representatives

C. the Senate President

D. the Speaker of the House of Representatives

Question 60

61. At least one-third of all the members of the House of Representatives may file articles of impeachment by _____.

A. verified bill and resolution

B. verified complaint and resolution

C. verified notice and resolution

D. verified complaint and notice

Question 61

62. The President cannot grant pardon in cases of impeachment. He may however exercise such power when ____.

A. a person convicted in an impeachment proceeding is subject to prosecution, trial and punishment in an ordinary criminal action

B. a person convicted in an impeachment proceeding is granted an absolute pardon

C. a person convicted in an impeachment proceeding files his appeal before the Supreme Court

D. none of the above

Question 62

63. A public officer impeached and removed from office shall ____.

A. nevertheless be immune from prosecution, trial and punishment according to law

B. nevertheless be liable and subject to prosecution, trial and punishment under the Anti-Graft and Corrupt Practices Act

C. nevertheless be liable and subject to prosecution, trial and punishment according to law

D. nevertheless be liable and subject to prosecution, trial and punishment only for criminal acts under the law

Question 63

64. The Ombudsman and his deputies are appointed by the President from a list prepared by ____.

A. the Integrated Bar of the Philippines

B. the Commission on Appointments

C. the Judicial and Bar Council

D. the Supreme Court

Question 64

65. SALN means _____.

A. summary of assets, liabilities and net worth

B. statement of assets in banks, liabilities and net worth

C. statement of assets, liabilities and net worth

D. statement of personal assets, liabilities and net worth

Question 65

66. The independent economic planning agency of the Government as provided for by the Constitution is the ________.

A. National Privatization Office

B. National Productivity Commission

C. National Economic Development Authority

D. National Economic Council

Question 66

67. The Independent Central Monetary Authority of the Government is the _____.

A. Bankers Association of the Philippines

B. Philippine Mission of the International Monetary Fund

C. Central Bank of the Philippines

D. World Bank, Philippine Affiliate

Question 67

68. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines only upon prior concurrence of the ________.

A. House of Representatives

B. Senate

C. Central Bank

D. Monetary Board

Question 68

69. Bona fide associations of citizens which demonstrate capacity of promote the public interest and with identifiable leadership, membership, and structure are ___________.

A. independent party-list organizations

B. independent sectoral organizations

C. independent indigenous organizations

D. independent people’s organizations

Question 69

70. The principal function of the Commission on Human Rights is _________.

A. issue writs of injunction/ restraining orders

B. investigatory

C. quasi-judicial

D. rule-making

Question 70

71. Optional religious instruction in public elementary and high schools is allowed provided it be _____.

A. without additional overtime cost to Government

B. without additional cost to Government

C. without additional cost for religious books to Government

D. without additional power consumption costs to Government

Question 71

72. Academic freedom shall be enjoyed _____.

A. in all public institutions

B. in all elementary and high schools

C. in all schools

D. in all institutions of higher learning

Question 72

73. Under Article 38(1) of the Statute of the International Court of Justice, which one of the following is NOT considered a source of international law?

A. international conventions

B. international custom

C. international humanitarian law

D. general principles of law

Question 73

74. In international law, it is a norm which States cannot derogate or deviate from their agreements.

A. terra nullius

B. opinio juris

C. jus cogens

D. jus cogentus

Question 74

75. In international law, the status of an entity as a State is accepted by other States through this act. It is the “act by which another State acknowledges that the political entity recognized possesses the attributes of statehood.”

A. accession

B. recognition

C. acknowledgment

D. attribution

Question 75

76. This is an act or process by which a State, in compliance with a formal demand or request, surrenders to another State an alleged offender or fugitive criminal who has sought refuge in the territory of the first State, in order to stand trial or complete his prison term.

A. extramediation

B. exterritoriality

C. extradition

D. extraterritoriality

Question 76

77. This doctrine considers the general or customary norms of international law as a part of municipal law and are to be enforced as such, without regard as to whether they are enacted as statutory or legislative rules or not.

A. accession

B. incorporation

C. accretion

D. adoption

Question 77

78. Under the United Nations Conference of the Law of the Sea (UNCLOS), the extent of the contiguous zone is _____.

A. 3 nautical miles from the lowest water mark

B. 12 miles from the outer limits

C. 12 miles from the lowest water mark

D. 200 miles from the outer limits

Question 78

79. It is a line from which the breadth of the territorial sea and other maritime zones is measured.

A. contiguous line

B. economic line

C. baseline

D. archipelagic line

Question 79

80. It is a maritime zone adjacent to the territorial seas where the coastal state may exercise certain protective jurisdiction.

A. baseline zone

B. contiguous zone

C. transit zone

D. appurtenant zone

Question 80

81. Butchoy installed a jumper cable. He was prosecuted under a Makati ordinance penalizing such act. He moved for its dismissal on the ground that the jumper cable was within the territorial jurisdiction of Mandaluyong and not Makati. The case was dismissed. The City of Mandaluyong thereafter filed a case against him for theft under the Revised Penal Code (RCP).

Is there double jeopardy?

a. No. The first jeopardy was terminated with his express consent.

b. Yes. This is double jeopardy of the second kind – prosecution for the same act under an ordinance and a law.

c. Yes. He is prosecuted for the same offense which has already been dismissed by the City of Makati.

d. No. The second kind of double jeopardy under Section 21, Article III only contemplates conviction or acquittal which could terminate a first jeopardy.

Question 81

82. One of the cardinal primary due process rights in administrative proceedings is that evidence must be “substantial.” “Substantial evidence” is ______.

a. less than a mere scintilla

b. less than preponderant scintilla

c. more than a glint of scintilla

d. more than a mere scintilla

Question 82

83. A statutory provision requiring the President or an administrative agency to present the proposed implementing rules and regulations of a law to Congress which by itself or through a committee formed by it, retains a “right” or “power” to approve or disapprove such regulations before they may take effect, is a ____________.

a. legislative encroachment

b. legislative veto

c. legislative oversight

d. legislative scrutiny

Question 83

84. Which one of the enumeration below does not come under the Administrative Code definition of a “rule”?

a. Agency statement of general applicability that implements or interprets a law

b. Fixes and describes the procedures in, or practice requirements of, an agency

c. Includes memoranda and statements concerning internal administration

d. An agency process for the formulation of a final order

Question 84

85. Under the Administrative Code, “adjudication” means ________.

a. whole or any part of any agency permit, certificate, or other form of permission, or regulation of the exercise of a right or privilege

b. an agency process for the formulation of a final order

c. agency process for the formulation, amendment, or repeal of a rule

d. agency process involving the grant, renewal, denial, revocation or conditioning of a license

Question 85

86. The requirement of the Administrative Code on “public participation” is that, if not otherwise required by law, an agency shall _______.

a. in all cases, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule

b. in all clear and proper cases, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule

c. as far as practicable, publish or circulate notices of proposed rules and afford the party-list parties the opportunity to submit their views prior to the adoption of any rule

d. as far as practicable, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule

Question 86

87. Under the Administrative Code, in the fixing of rates, no rules or final order shall be valid unless ______.

a. the proposed rates shall have been submitted to the U.P. Law Center for publication at least two weeks before the first hearing thereon

b. the proposed rates shall have been published in the Official Gazette at least two weeks before the final hearing thereon

c. the proposed rates shall have been published in a newspaper of general circulation at least two weeks before the first hearing thereon

d. the proposed rates shall have been published in a newspaper of general circulation at least two weeks before the final hearing thereon

Question 87

88. In the judicial review of decisions of administrative agencies, the Administrative Code requires that the review shall be made _________.

a. on the basis of the pleadings taken as a whole

b. on the basis of the record taken as a whole

c. on the basis of the evidence taken as a whole

d. on the basis of the memoranda taken as a whole

Question 88

89. In the judicial review of decisions of administrative agencies, the Administrative Code requires that, except when specifically provided otherwise by law __________.

a. the findings of law of agency when supported by substantial evidence, shall be final

b. the findings of fact of the agency when supported by preponderant evidence, shall be final

c. the findings of fact of the agency when supported by substantial evidence, shall be final

d. the findings of law of the agency when supported by credible evidence, shall be final

Question 89

90. The right of the accused to be informed is violated if _________.

a. he was accused of killing his wife by strangulation but it was proven that his wife died of poisoning

b. it was proven that he killed somebody on a date different from the one alleged in the information

c. he was charged with parricide but was convicted of murder, because it turned out that he and the victim were not married

d. the accused was charged with commission of acts of lasciviousness and was convicted of unjust vexation

Question 90

91. A criminal statute that “fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by statute” is ________.

a. void for fair notice

b. void for arbitrariness

c. void for vagueness

d. void conclusively

Question 91

92. “Chilling effect” is a concept used in the area of constitutional litigation affecting ___________.

a. protected speech

b. protected executive privilege

c. protected legislative discretion

d. protected judicial discretion

Question 92

93. In the law of libel and protected speech, a person who, by his accomplishments, fame, or mode of living, or by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs, and his character, has become a ______.

a. public figure

b. celebrity

c. public official

d. de facto public officer

Question 93

94. Which one of the following is not a proper test in cases of challenges to governmental acts that may violate protected speech?

a. clear and present danger

b. balancing of interests

c. reasonable relation

d. dangerous tendency

Question 94

95. Commercial speech is entitled to ________.

a. more protection compared to other constitutionally guaranteed expression

b. equal protection compared to other constitutionally guaranteed expression

c. lesser protection compared to other constitutionally guaranteed expression

d. none of the above

Question 95

96. No liability can attach to a false, defamatory statement if it relates to official conduct, unless the public official concerned proves that the statement was with knowledge that it was false or with reckless disregard of whether it was false or not.

What is this rule?

a. libel malice rule

b. actual malice rule

c. malice in fact rule

d. legal malice rule

Question 96

97. It is form of entrapment. The method is for an officer to pose as a buyer. He, however, neither instigates nor induces the accused to commit a crime because in these cases, the “seller” has already decided to commit a crime. The offense happens right before the eyes of the officer. Under these circumstances ______.

a. there is a need for an administrative but not a judicial warrant for seizure of goods and arrest of the offender

b. there is need for a warrant for the seizure of the goods and for the arrest of the offender

c. there is no need for a warrant either for the seizure of the goods or for the arrest of the offender

d. the offender can be arrested but there is a need for a separate warrant for the seizure of the goods

Question 97

98. Where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and dangerous and he identifies himself and makes reasonable inquiries, but nothing serves to dispel his reasonable fear for his own or other’s safety, he is entitled to conduct a carefully limited search of the outer clothing of such persons for weapons. Such search is constitutionally permissible and is known as a _________.

a. stop and search

b. stop and frisk

c. stop and interrogate

d. stop and detain

Question 98

99. Accused was charged with slight illegal detention. On the day set for the trial, the trial court proceeded as follows:

“Court: to the accused:

Q: “Do you have an attorney or are you going to plead 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

Question 99

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