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.
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.
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.
Page 7 of 21Bar Examination Questionnaire for Political Law
Set A
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C. the questioned law has been repealed.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.
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.
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.
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.
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.
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
Page 8 of 21Bar Examination Questionnaire for Political Law
Set A
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
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.
41. The Commission on Elections is an independent body
tasked to enforce all
laws relative to the conduct of elections. Hence, it may
A. conduct two kinds of electoral count: a slow but official
count; and a quick but
unofficial count.
B. make an advance and unofficial canvass of election
returns through electronic
transmission.
C. undertake a separate and unofficial tabulation of the
results of the election
manually.
D. authorize the citizens arm to use election returns for
unofficial count.
42.The President may proclaim martial law over a particular
province subject to
revocation or extension
A. by Congress,subject to ratification by the Supreme Court.
B. by the Supreme Court.
C. by Congress alone
D. by Congress, upon recommendation of the respective
Sangguniang
Panlalawigan.
Page 9 of 21Bar Examination Questionnaire for Political Law
Set A
43. During his incumbency, President Carlos shot to death
one of his advisers
during a heated argument over a game of golf that they were
playing. The
deceased adviser’s family filed a case of homicide against
President Carlos
before the city prosecutor’s office. He moved to dismiss the
case, invoking
presidential immunity from suit. Should the case be
dismissed?
A. Yes, his immunity covers his interactions with his
official family, including the
deceased adviser.
B. No, his immunity covers only work-related crimes.
C. Yes, his immunity holds for the whole duration of his
tenure.
D. No, his immunity does not cover crimes involving moral
turpitude.
44. The School Principal of Ramon Magsaysay High School
designated Maria,
her daughter, as public school teacher in her school. The
designation was
assailed on ground of nepotism. Is such designation valid?
A. No, because the law prohibits relatives from working
within the same
government unit.
B. Yes, because Maria’s position does not fall within the
prohibition.
C. No, because her mother is not the designating authority.
D. No, because Maria is related to the supervising authority
within the prohibited
degree of consanguinity.
45. The President's appointment of an acting secretary
although Congress is in
session is
A. voidable.
B. valid.
C. invalid.
D. unenforceable.
46. Congress passed a bill appropriating P50 million in
assistance to locally
based television stations subject to the condition that the
amount would be
available only in places where commercial national
television stations do not
operate. The President approved the appropriation but vetoed
the condition.
Was the veto valid?
A. Yes, since the vetoed condition may be separated from the
item.
B. Yes, the President's veto power is absolute.
C. No, since the veto amounted to a suppression of the
freedom to communicate
through television.
D. No, since the approval of the item carried with it the
approval of the condition
attached to it.
47. In the exercise of its power of legislative inquiries
and oversight functions, the
House of Representatives or the Senate may only ask
questions
A. that the official called is willing to answer.
B. that are relevant to the proposed legislation.
C. to which the witness gave his prior consent.
D. material to the subject of inquiry.
Page 10 of 21Bar Examination Questionnaire for Political Law
Set A
48. An ordinance prohibits “notorious street gang members”
from loitering in
public places. The police are to disperse them or, if they
refuse, place them
under arrest. The ordinance enumerates which police officers
can make arrest
and defines street gangs, membership in them, and public
areas. The ordinance
was challenged for being vague regarding the meaning of
“notorious street gang
members.” Is the ordinance valid?
A. No, it leaves the public uncertain as to what conduct it
prohibits.
B. No, since it discriminates between loitering in public
places and loitering in
private places.
C. Yes, it provides fair warning to gang members prior to
arrest regarding their
unlawful conduct.
D. Yes, it is sufficiently clear for the public to know what
acts it prohibits.
49. The people may approve or reject a proposal to allow
foreign investors to
own lands in the Philippines through an electoral process
called
A. referendum.
B. plebiscite.
C. initiative.
D. certification.
50. Where a candidate for the Senate stated in his
certificate of candidacy that
he is single, when he is very much married, though
separated, his certificate of
candidacy
A. may be canceled.
B. will subject him to a quo warranto action.
C. remains valid.
D. may be denied due course.
51. A candidate who commits vote buying on Election Day
itself shall be
prosecuted by the
A. COMELEC.
B. Secretary of Justice.
C. police and other law enforcement agencies.
D. City or Provincial Prosecutor.
52. A law authorized the Secretary of Agriculture to require
the quarantine of
animals that suffer from dangerous communicable diseases at
such place and for
such time he deems necessary to prevent their spread. The Secretary
of
Agriculture issued a regulation, imposing a penalty of
imprisonment for 10 days
on persons transporting quarantined animals without his
permission. The
regulation is
A. a valid exercise of the power of subordinate legislation.
B. invalid for being ultra vires.
C. a valid exercise of police power.
D. invalid for being discriminatory.
Page 11 of 21Bar Examination Questionnaire for Political Law
Set A
53. Small-scale utilization of natural resources by Filipino
citizens may be
allowed by
A. Congress.
B. either the Senate or the House of Representatives.
C. the President.
D. the President with the consent of Congress.
54. When the Civil Service Commission (CSC) approves the
appointment of the
Executive Director of the Land Transportation Franchising
and Regulatory Board
who possesses all the prescribed qualifications, the CSC
performs
A. a discretionary duty.
B. a mix discretionary and ministerial duty.
C. a ministerial duty.
D. a rule-making duty.
55. Xian and Yani ran for Congressman in the same district.
During the
canvassing, Yani objected to several returns which he said
were tampered with.
The board of canvassers did not entertain Yani's objections
for lack of authority to
do so. Yani questions the law prohibiting the filing of
pre-proclamation cases
involving the election of Congressmen since the Constitution
grants COMELEC
jurisdiction over all pre-proclamation cases, without
distinction. Is Yani correct?
A. Yes, the Constitution grants jurisdiction to COMELEC on
all pre-proclamation
cases, without exception.
B. No, COMELEC’s jurisdiction over pre-proclamation cases
pertains only to
elections for regional, provincial, and city officials.
C. No, COMELEC’s jurisdiction over pre-proclamation cases
does not include
those that must be brought directly to the courts.
D. Yes, any conflict between the law and the Constitution
relative to COMELEC's
jurisdiction must be resolved in favor of the Constitution.
56. When the Supreme Court nullified the decisions of the
military tribunal for
lack of jurisdiction, it excluded from their coverage
decisions of acquittal where
the defendants were deemed to have acquired a vested right.
In so doing, the
Supreme Court applied
A. the operative fact doctrine.
B. the rule against double jeopardy.
C. the doctrine of supervening event.
D. the orthodox doctrine.
57. Accused X pleaded not guilty to the charge of homicide
against him. Since
he was admitted to bail, they sent him notices to attend the
hearings of his case.
But he did not show up, despite notice, in four successive
hearings without
offering any justification. The prosecution moved to present
evidence in absentia
but the court denied the motion on the ground that the
accused has a right to be
present at his trial. Is the court correct?
A. No, the court is mandated to hold trial in absentia when
the accused had been
arraigned, had notice, and his absence was unjustified.
Page 12 of 21Bar Examination Questionnaire for Political Law
Set A
B. Yes, it remains discretionary on the court whether to
conduct trial in absentia
even if the accused had been arraigned and had notice and
did not justify his
absence.
C. Yes, it is within the court's discretion to determine how
many postponements it
will grant the accused before trying him in absentia.
D. No, the court may reject trial in absentia only on
grounds of fraud, accident,
mistake, or excusable negligence.
58. Following COMELEC Chairman Bocay's conviction for acts
of corruption in
the impeachment proceedings, he was indicted for plunder
before the
Sandiganbayan and found guilty, as charged. Can he get
Presidential pardon on
the plunder case?
A. No, plunder is not a pardonable offense.
B. No, conviction in a criminal case for the same acts
charged in the
impeachment proceedings is not pardonable.
C. Yes, convictions in two different fora for the same acts,
are too harsh that they
are not beyond the reach of the President’s pardoning power.
D. Yes, conviction in court in a criminal action is subject
to the President's
pardoning power.
59. A private person constituted by the court as custodian
of property attached to
secure a debt sought to be recovered in a civil proceeding
is
A. a private sheriff.
B. a public officer.
C. a private warehouseman.
D. an agent of the party to whom the property will
ultimately be awarded.
60. The COMELEC en banc shall decide a motion for
reconsideration of
A. the House or Representatives and the Senate electoral
tribunals.
B. the decision of the election registrar.
C. the decision of the COMELEC division involving an
election protest.
D. its own decision involving an election protest.