91. A government that actually exercises power and control
as opposed to the
true and lawful government is in terms of legitimacy
A. a government of force.
B. an interim government.
C. a de facto government.
D. an illegitimate government.
92. The Special Committee on Naturalization is headed by
A. the Secretary of Justice.
B. the Secretary of Foreign Affairs.
C. the National Security Adviser.
D. the Solicitor General.
93. The President issued Proclamation 9517 declaring a state
of emergency and
calling the armed forces to immediately carry out necessary
measures to
suppress terrorism and lawless violence. In the same
proclamation, he directed
the government's temporary takeover of the operations of all
privately owned
communication utilities, prescribing reasonable terms for
the takeover. Is the
takeover valid?
A. Yes, it is an implied power flowing from the President's
exercise of emergency
power.
B. No, it is a power reserved for Congress alone.
C. Yes, subject to ratification by Congress.
D. No, it is a power exclusively reserved for the People's
direct action.
94. A candidate for Senator must be at least 35 years old on
A. the day he is duly proclaimed.
B. the day the election is held.
C. the day he files his certificate of candidacy.
D. the day he takes his oath of office.
95. The Office of the Special Prosecutor may file an
information against a public
officer for graft
A. on its own initiative subject to withdrawal of the
information by the
Ombudsman.
B. independently of the Ombudsman, except in plunder cases.
C. only when authorized by the Ombudsman.
D. independently of the Ombudsman.
96. Since the Constitution is silent as to who can appoint
the Chairman of the
Commission on Human Rights, the President appointed W to
that position
without submitting his appointment to the Commission on
Appointments for
confirmation. Is W’s appointment by the President valid?
A. No, since the position of Chairman of the Commission was
created by statute,
the appointment of its holder requires the consent of
Congress.
Page 20 of 21Bar Examination Questionnaire for Political Law
Set A
B. Yes, since the power to appoint in the government, if not
lodged elsewhere,
belongs to the President as Chief Executive.
C. Yes, since the power to fill up all government positions
mentioned in the
Constitution has been lodged in the President.
D. No, because absent any express authority under the
Constitution, the power
to appoint does not exist.
97. The Chief Justice appointed X, the President’s sister,
as Assistant Court
Administrator in the Supreme Court during the President's
tenure. Claiming that
the Constitution prohibits the appointment in government of
a President’s
relative, a taxpayer asks for its nullification. Will the
challenge prosper?
A. Yes, since the appointment essentially violates the law
against nepotism.
B. Yes, because relatives of the President within the fourth
civil degree cannot be
appointed as heads of offices in any department of
government.
C. No, X's appointment, although in the government, is not
in the Executive
Department that the President heads.
D. No, the position to which X was appointed is not among
those prohibited
under the Constitution.
98.May an incumbent Justice of the Supreme Court be
disbarred as a lawyer?
A. No, it will amount to removal.
B. No, his membership in the bar is secure.
C. Yes, by the Supreme Court itself.
D. Yes, by Congress in joint session.
99. Mayor Lucia of Casidsid filed her certificate of
candidacy for congresswoman
of the district covering Casidsid. Still, she continued to
act as mayor of Casidsid
without collecting her salaries as such. When she lost the
election and a new
mayor assumed office, she filed an action to collect the
salaries she did not get
while serving as mayor even when she ran for congresswoman.
Is her action
correct?
A. No, salaries can be waived and she waived them.
B. No, because her acts as de facto officer are void insofar
as she is concerned.
C. Yes, public policy demands that a de facto officer enjoy
the same rights of a
de jure officer.
D. A. Yes, it is but just that she be paid for the service
she rendered.
100. X, a Filipino and Y, an American, both teach at the
International Institute in
Manila. The institute gave X a salary rate of P1,000 per
hour and Y, P1,250 per
hour plus housing, transportation, shipping costs, and leave
travel allowance.
The school cited the dislocation factor and limited tenure
of Y to justify his high
salary rate and additional benefits. The same package was
given to the other
foreign teachers. The Filipino teachers assailed such
differential treatment,
claiming it is discriminatory and violates the equal
protection clause. Decide.
A. The classification is based on superficial differences.
B. The classification undermines the “Filipino First”
policy.
C. The distinction is fair considering the burden of
teaching abroad.
D. The distinction is substantial and uniformly applied to
each class.
Page 21 of 21