MCQs in BILL OF RIGHTS

By Dean Hilario J ustino F. Morales, Powerhaus Review Center

__01. Which of the following inherent powers of the
government regulates both the right to liberty
and property?
A) police power
B) power of taxation
C) power of eminent domain
D) only A & B

__02. Which of the following inherent powers of the
government is constitutionally delegated to
local government units? (see no. 01)

__03. Which of the following cannot exercise
delegated legislative powers?
A) President
B) Department of Labor and Employment
C) Metro Manila Development Authority
D) Sanggunian Bayan

__04. Which of the following cannot exercise
delegated power of eminent domain?
A) Philippine National Railways
B) Philippine Long Distance Company
C) Manila Electric Company
D) San Miguel Corporation

__05. A procedural requirement mandated by the
Local Government Code to be complied with
by local government units before exercising
the power of eminent domain.
A) Payment of just compensation
B) Taking of private property
C) Conduct of public hearing
D) Valid and definite offer to buy the
property and the same is rejected by
the owner

__06. The remedy available to a property owner
should the expropriator fails to pay just
compensation.
A) recovery of possession of the
expropriated property
B) demand payment of the fair market
value of the property
C) demand payment of interest from the
time of taking until just compensation
is actually paid to him
D) only B and C

__07. The remedy available to the property owner if
the expropriator fails to use the property
expropriated in accordance with its intended
purpose. (see no. 06)

__08. Is there taking of property if a municipal
ordinance prohibits the construction of a
building that would obstruct the view of a
town plaza?
A) Yes, because the owner is deprived of
the beneficial use of his property.
B) Yes, because the owner is deprived of
full control over his property.
C) No, because the property remains in
the possession of the owner.
D) No, because the property can still be
used by the owner for other purposes.
__09. The provisions of the Bill of Rights can be
invoked against
A) a private natural person
B) a private juridical entity
C) the State
D) only B & C

__10. As a general rule, is the right to appeal a part
of due process?
A) Yes, Section 1 of the Bill of Rights
expressly guarantees the right to
due process.
B) Yes, it is an inherent right available to all
persons.
C) No, because it is not a natural right.
D) No, because it is merely a statutory
right.

__11. Procedural administrative due process includes
A) Notice
B) Opportunity to be heard
C) Decision supported by substantial
evidence disclosed during the hearing
D) only A & B

__12. ABC was arrested by virtue of a warrant of
arrest. At that time, ABC was sleeping so he
was pulled out of the room. The other police
officers remained inside the room and
ransacked the locked cabinet where they
found a firearm and ammunition. Is the
warrantless search and seizure of the
firearm and ammunition valid?
A) Yes, it is made as an incident to a valid
arrest.
B) Yes, it is one instance of a valid
warrantless search.
C) No, the firearm and ammunition seized
are fruits of a poisonous tree.
D) No, the firearm and ammunition were
seized not on the person of the one
arrested or within the area of his
immediate control.

__13. It is an impermissible content-based
restriction on speech where the speech is
prohibited due to an anticipated disorderly or
violent reaction of the audience.
A) Presidential Veto
B) B) Legislative Veto
C) C) Hecklers Veto
D) D)Pocket Veto

__14. Under prevailing jurisprudence, which of the
following tests of valid interference to
freedom of expression is applied to content-
based restrictions?
A) Dangerous Tendency Test
B) Clear and Present Danger Test
C) Balancing of Interest Test
D) Direct Incitement Test

__15. Which of the following contracts is protected
by the Non-impairment clause of the
Constitution?
A. A contractual stipulation limiting the use
of a parcel of land between a buyer and
seller impaired by a zoning ordinance.
B. Rate of rentals of dwelling units
regulated by the Rental Law.
C. Assignment of salaries of public
schoolteachers discontinued by an
administrative order.
D. Commercial Agreement and Joint
Services Agreement between the
Philippine Airlines and Kuwait Airways
automatically terminated by the
Commercial Memorandum of
Understanding between Kuwait and the
Philippine Government.

__16. Is the right to strike available to government
employees?
A) Yes, it forms a part of freedom of
expression and peaceful assembly.
B) Yes, they have the right to petition the
government for redress of grievances.
C) No, public office is a public trust and
public officers must serve with the
highest degree of efficiency and
integrity.
D) No, terms and conditions of employment
in the government is governed by law.

__17. The test to determine whether a government
act or policy must have a secular purpose, or
the same does not promote any set of
religious belief, or not to get the government
too closely involved with religion, and so as
not to violate the Non-Establishment Clause
of the Constitution is known as the
A. Compelling State Interest test
B. Dangerous Tendency Test
C. Clear and Present Danger Test
D. Lemon Test

__18. Which of the following violates the Non-
Establishment Clause and freedom of
religion as held by jurisprudence?
A. Issuance by the Postmaster General
of printed postage stamps
commemorating the 33
rd
International
Eucharistic Congress in the
Philippines sponsored by the Catholic
Church.
B. Review by the Board of Review for
Motion Pictures and Television of the
television tapes of an Iglesia ni Cristo
TV Program prior to its airing.
C. Religious instruction being conducted
in public elementary and secondary
schools during regular class hours.
D. PD 1564, the Solicitation Law, which
prohibits and penalizes the act of
soliciting funds for the renovation of a
barangay chapel without a permit
from the Department of Social
Welfare and Development.

__19. The scope of the Exclusionary Rule under the
Bill of Rights does not apply to violation of
A) right to privacy
B) right against unreasonable searches and
seizures
C) rights of person under custodial
investigation
D) right to counsel

__20. Which of the following Miranda rights cannot be
waived
A) right to remain silent
B) right to counsel
C) right to be informed of such rights
D) right to be informed of the nature and
cause of accusation against an accused

__21. Which of the following is protected by the rights
guaranteed under the Miranda Doctrine?
A. when a person is made to stand
during a police line-up
B. when a person issues a statement to
media reporters
C. when a person makes a statement
made during an administrative
investigation
D. when a person signs a receipt for the
plastic bag and its shabu content

__22. Which of the following legal assistance given to
a person under custodial investigation is one
that is independent and effective as
mandated by law?
A) by a lawyer-police officer
B) by a public or private prosecutor
C) by the City Legal Officer
D) the President, XYZ Chapter of the
Integrated Bar of the Philippines

__23. Which of the following acts is protected by
the right against self-incrimination
A) fingerprinting
B) photographing
C) affixing signature
D) paraffin testing

__24. The citizens right to information covers
A) matters involving inter-government
exchanges prior to consultation of
treaties and executive agreements
B) matters involving military and diplomatic
secrets
C) matters involving national security
D) access to governmental research data
used as basis for policy development

__25. The right to speedy trial can be invoked by a
party in
A) administrative cases
B) civil cases
C) quasi-judicial hearings
D) criminal proceedings

__26. The Exclusionary Rule under the Bill of Rights
applies to admissions made in
A) criminal investigation
B) administrative investigation
C) legislative investigation
D) only A & C

__27. The right against self-incrimination is available
in
A) criminal investigation
B) administrative investigation
C) legislative investigation
D) all of the above

__28. An ordinary witness invoking the right against
self-incrimination can refuse to
A) attend the investigation or trial/hearing
of the case
B) take the witness stand
C) answer questions requiring
incriminatory answers
D) only B & C

__29. A second prosecution for the same offense after
acquittal violates double jeopardy when
A) a mistake has been made in charging
the proper offense
B) the case is not filed in the proper court
C) there is a mistrial
D) dismissal based on insufficiency of
evidence

__30. The prohibition on the passage of ex post facto
law applies to
A) statutory penal laws
B) administrative rules and regulations with
penal sanctions
C) extradition treaty
D) only A & B

__31. Accommodation of religion by the State may
be allowed to
A) promote the governments favored form of
religion
B) allow individuals and groups to exercise
their religion without hindrance
C) prohibit the use of public money for the
benefit of any religion
D) prohibit the use of religion as a basis for
classification of governmental actions

__32. The neutrality of the State to religion is
designed to (see no. 31)

__33. The Non-establishment Clause is intended to
(see no. 31)

__34. Born in the Philippines on January 16, 1973,
VINCENT is a legitimate child of an
American father and a Filipino mother. He
elected Filipino citizenship on August 11,
2008. What is the citizenship of VINCENT
upon his birth?
A) American
B) dual Filipino and American
C) natural-born Filipino
D) naturalized Filipino

__35. Under Philippine laws, and after validly
electing Filipino citizenship, what is the
citizenship of VINCENT if he was born in
America? (see no. 34)

__36. What is the citizenship of VINCENT if he is
born out of wedlock? (see no. 34)
__37. Assume that Vincents election of Philippine
citizenship is valid, what citizenship did he
acquire? (see no. 34)

__38. Assume that Vincents election of Philippine
citizenship is not valid, which of the following
modes of acquiring citizenship is the least
expensive and most convenient?

A) special proceeding in the RTC
B) legislative act of Congress
C) administrative naturalization under RA
9139
D) administrative proceedings under RA
8171

__39. Repatriation either under RA 8171 and RA
9225 requires
A) judicial proceedings
B) quasi-judicial proceedings
C) administrative proceedings
D) legislative proceedings

__40. Who among the following aliens is eligible to
apply for administrative naturalization under
RA 9139?
A) alien born in the Philippines and residing
therein since birth
B) alien elected to public office and residing
in the Philippines since birth
C) alien who married a Filipino spouse and
residing in the Philippines since
birth D) only A and B

__41. Who among the following can avail of
repatriation under RA 8171?
A) Filipino woman who lost her citizenship
by marriage to an alien
B) former natural-born Filipino who lost his
citizenship by reason of political
and economic necessity
C) former Filipino who lost his citizenship by
derivative naturalization
D) only A and B

__42. Citizens who acquired their dual citizenship
voluntarily through RA 9225 can lost the
foreign citizenship by
A) mere filing of certificate of candidacy
B) express renunciation of the foreign
citizenship
C) resigning their public employment abroad
D) any of them

__43. Citizens who acquired their dual citizenship
by reason of conflicting laws on citizenship
may lost the foreign citizenship by (see no.
42)

SUGGESTED ANSWERS:
01.A 02.B 03.C 04.D 05.D 06.D 07.A 08.A 09.C
10.C 11.D 12.D 13.C 14.B 15.D 16.D 17.D 18.D
19.D 20.C 21.D 22.D 23.C 24.D 25.D 26.A 27.D
28.C 29.D 30.D 31.B 32.D 33.C 34.A 35.C 36.C
37.C 38.C 39.C 40.A 41.D 42.B 43.A