31. Where there is "the impossibility of a court's undertaking
independent re$olution 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
potentiality 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. IPolitical Law Page 9 of23 I
32. The "operative fact" doctrine of
constitutional law is applied when a
law is declared:
a) operative;
b) factual; ,
c) constitutional;
d) unconstitutional.
33. The totality of governmental power is contained in three
great
powers:
a) police power, power of sequestration, power of foreign
policy;
b) power of immigration, municipal power, legislative power;
c) executive power, legislative power, judicial power;
d) police power, power of eminent domain, power of taxation.
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
d) power to declare martial law.
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.
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 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. I Political Law Page 10 of23
Dismissal granted;
d) Pot is accused before the RTC of qualified theft. After
innumerable
postponements against Pot's wish1es, the prosecutor moves
for
dismissal over the objections of Pot. Granted.
37. Under Article Ill, 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.
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.
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
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. 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 a 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;
1 ______
d) Yes, because there is no clear and present danger in
holding a
religious meeting by another religious group near a catholic
church.
41. Which one is NOT a recogn1zed limitation to the right to
information
on matters 1of 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
42. Wh1ch one of the followmg 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 oust the owner of all beneficial
ownership.
43. Market value for purposes of determining just
compensation in
eminent ddmain has been described as the fair value of
property:
a) between one who desires to purchase and one who 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
44. Under Article Ill, 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 ir,Jvestigation;
c) criminal investigation;
d) custodial investigation.
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 I Political Law Page 12 of23
strong;
c) offenses punish.able by death when evidence of guilt is
weak;
d) offenses punishable by reclusion perpetua when evidence
of guilt is
strong.
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.
I
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 unqualifiedly
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.
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.
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.
50. The death penalty shall not be imposed: IPolitical Law
Page 13 of23
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
constitutior,al 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.
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.
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.
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.
54. The independent Constitutional Commissions enjoy:
I
a) decisional autonomy;
b) organizational autonomy;
c) fiscal autonomy;
d) quasi-judicial autonomy.
55. The Civil Service shall be administered by the Civil
Service
Commission composed of a: I Political Law Page 14 of 23 J
a) Chairman and a Commissioner;
b) Chairman and two (2) Commissioners;
c) Chairman and three (3) Commissioners;
d) Chairman and four (4) Commissioners.
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.
57. In a unitary system of government, such as the
government under
the Philippine Constitution, local government can only be:
a) an imperuim in imperio;
b) an infra-sovereign subdivision;
c) a sovereign nation;
d) a sovereign entity.
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. '
59. Which one is NOT an impeachable public officer:
a)
b)
c)
d)
60.
a)
b)
c)
d)