Political and International Law: Bar Exams 2012 (Part 3)


61.
a justice of the Supreme Court;
a commissioner of the Comelec;
the administrator of the Supreme Court;
the Ombudsman.
Which has the exclusive power to initiate all cases of impeachment:
the Senate;
the House of Representatives;
the Senate President;
the Speaker of the House of Representatives.
At least ,one-third of all the members of the House of IPolitical Law Page 15 of23
Representatives may file articles of impeachment by:
a) verified bill and resolution;
b) verified complaint and resolution;
c) verified notke and resolution;
d) verified complaint and notice.
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.
63. A public officer impeached and removed from office shall:
a) 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 acc.ording to law;
d) nevertheless be liable and subject to prosecution, trial and
punishment only for criminal acts under the law.
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.
65. SALN meahs:
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.
66. The independent economic planning agency of the Government as
provided for by the Constitution is the: IPolitical Law Page 16 of23
a) National Privatization Office;
b) National Productivity Commission;
c) National Economic Development Authority;
d) National Economic Council.
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.
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 Repre.sentatives;
b) Senate;
c) Central Bank;
d) Monetary Board.
69. Bona fide associations of citizens which demonstrate capacity to
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.
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.
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 I Political Law Page 17 of23 I
72. Academic freedom shall be enjoyed:
a) in all public institutions;
b) in all elementary and high schools;
c) in all schoo'ls;
d) in all institutions of higher learning.
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.
74. In international law, it is a norm which States cannot derogate or
deviate from their agreements:
a) terra nullius;
b) opinio jurisj
c) JUS cogens;
d) jus cogentus.
75. In international law, the status of an entity as a State is accepted by
other States this act. !t is the "act by which another State
acknowledges that the political entity recognized possesses the
attributes of statehood."
a) access1on;
b) recognition;
c) acknowledgment;
d) attribution.
76. 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 orljer to stand trial or complete his prison term:
a) extramediation;
b) exterrertioriality;
c) extradition;
d) extraterritoriality.
77. This doctrine considers the general or customary norms of
international law as part of municipal law and are to be enforced as I Political Law Page 18 of23
such, without regard as to whether they are enacted as statutory or
legislative rules or not:
a) access1on;
b) incorporation;
c) accretion;
d) adoption.
78. Under the United Nations Conference of the Law of the Sea
(UNCLOS), the extent of the contiguos zone is:
a) 3 nautical miles from the lowest water mark;
b) 12 miles frdm the outer limits;
c) 12 miles from the lowest water mark;
d) 200 miles from the outer limits.
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.
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.
81. Butchoy installed a jumper cable. He was prosecuted under a
Makati ordinanc.e 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 (RPC). 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 Ill
only contemplates conviction or acquittal which could terminate a I Political Law Page 19 of23 J
first jeopardy.
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.
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.
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.
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.
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 I Political Law Page 20 of23
interested parti.es 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 aff;xd 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.
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.
88. In the judicial review of decisions of administrative agencies, the
Administrative Code requires that the review shall be made:
1
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.
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 the 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, $hall be final. I Political Law Page 21 of 23 I
90.
a)
b)
c)
d) 
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