UNIVERSITY OF THE CORDILLERAS BAR OPERATIONS 2011

Political Law
Prepared by:

ATTY. LARRY D. GACAYAN

MULTIPLE CHOICE
Instruction: Place the LETTER corresponding to the most correct answer
on the blank before each number.
1. The implied power of the President which justifies his/her not
releasing or obligating pork barrels of Senators and Congressmen is
known as:
a.
b.
c.
d.

Residual power;
Power of executive clemency;
Power of executive impoundment;
Power supervision.

2. Section 7, Article II enumerates the paramount

considerations which the Philippines has to observe in dealing with
other countries. Which is not considered paramount?
a.
b.
c.
d.

National interest;
The right to self-determination;
National economy;
Territorial integrity.

3. Which is a valid ground or grounds to declare martial law

under the 1987 Philippine Constitution?
a. In case of invasion or rebellion, or when the public safety
requires it;
b. In case of invasion, rebellion or insurrection;
c. in case of invasion or rebellion, when the public safety
requires it;
d. in case of war or rebellion, when the public safety requires
it.
4. Under Section 1, Art. XI, a government official shall serve
with the highest degree of:
a.
b.
c.
d.

competence;
intelligence;
responsibility
independence

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5. The doctrine of executive impoundment is based on the

Presidents:
a. Power of control;
b. Power as commander-in-chief;
c. Implied power given to him by Congress under the General
Appropriations Act;
d. All of the above.
6. In Ichong vs. Hernandez, the Supreme Court held that the
Retail Trade Nationalization Act prohibiting aliens from engaging in
retail trade in the Philippines is constitutional. In Espina vs. Executive
Secretary Zamora, the Supreme Court held that the Trade Liberalization
Act of 2000 allowing foreigners to engage in retail trade is
constitutional, under what qualifications:
a. they shall be allowed only to retail groceries like coffee and
sugar;
b. they shall only be allowed to retail garments made in the
Philippines only;
c. they shall only be allowed to retail cars manufactured in
their country of origin;
d. they shall be allowed a limited capital only .
7. Which is not correct as a proposition insofar as the 250,000
population requirement is concerned:
a. in the creation of a new province;
b. in the creation of a highly urbanized city entitled to one
member of the House of Representative;
c. in the creation of additional legislative district in a highly
urbanized city;
d. in the creation of a new legislative district in an existing
province.
8. There is already a violation of a conditional pardon which
would justify the immediate arrest of the convict as early as when:
a. He was already convicted by the MTC of a crime though on
appeal to the RTC;
b. He was convicted by the RTC on Appeal from the MTC
Decision;
c. The Prosecutor filed a Criminal Information against the
convict before the MTC;
d. The Decisions of the MTC and RTC were affirmed by the
Court of Appeals but accused filed a Petition for Review
before the Supreme Court.

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9. The President could not exercise the power of executive

clemency on his own alone in cases of:
a. crimes punishable by reclusion perpetua or higher;
b. election offenses without the favorable recommendation of
the COMELEC;
c. crimes against the State;
d. impeachable officers who are convicted by of graft the
Sandiganbayan.
10. A judge or justice may be investigated only by the Office
of the Ombudsman for possible criminal liability if:
a. he is already found administratively liable by the Supreme
Court for the same act;
b. he is a recidivist;
c. he was caught in the act receiving a bribe and the evidence
of guilt is strong;
d. he was already found liable administratively by the
Supreme Court before in a similar offense.
11. The power of the University of the Philippines to close its
High School in UP Baguio is based on:
a. its academic freedom;
b. its being independent from the Department of Education
under its Charter;
c. the power of the Board of Regents to decide on the
feasibility of operating its other branches and that its
operation in UP High School Baguio results in deficit;
d. its being autonomous as the premier State University in
the country.
12. The most basic State Policies under the 1987 Philippine
Constitution are the maintenance of peace and order, protection of life
liberty, etc., but not:
a.
b.
c.
d.

of property;
promotion of general welfare;
protection of the environment;
maintenance of monopolies.

13. Which of the following is not within the powers of the

COMELEC over Party-list Groups:
a. order the publication of the list of nominees for the
different party-list groups because the Party-List law
provides that the same is confidential;

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b. refuse the registration of a party-list group because the

members thereof belong to religious groups;
c. change the 1st nominee of a party-list group after election
upon the Resolution of the majority of the board of said
party-list group after it was determined that such group is
entitled to a seat in the House of Representatives;
d. Register a party-list group whose members are gays,
lesbians, bisexual and transgender since they are not
specifically mentioned as marginalized in Veterans Party
vs. COMELEC.
14. Which may be allowed in the impeachment of an
impeachable officer:
a.

Trying an impeachable officer based on several

impeachment complaints filed on different dates before the
House of Representatives but referred to the Committee on
Justice on the same day;
b. Trying an impeachable officer on several impeachment
complaints filed on the same day but tried one after the
other;
c. Trying an impeachable officer on a second complaint filed
within three (3) months from the dismissal of another
complaint by the Committee on Justice but did not reached
the plenary;
d. Trying an impeachable officer within a year from the
dismissal of the 1st complaint but the new complaint is
based on an act committed after the filing of the first
complaint.
15. The aspect of the power of judicial review wherein the
courts could decide even moot and academic cases is specifically
called:
a.
b.
c.
d.

legitimizing function;
educational or symbolic function;
checking function;
judicial function.

16. Which is not an underlying principle behind the State

immunity from suit:
a.
b.
c.
d.

by
by
by
by

reason
reason
reason
reason

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of
of
of
of

consent;
public policy;
sovereignty;
expediency.

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17. Judicial power may be exercised even in moot and

academic cases if it involves:
a. culpable violation of the Constitution;
b. susceptible of repetition, yet evading judicial review;
c. the need to lay down guiding principles for other
government officials to follow;
d. All of the above.
18. Even if one of the four (4) requisites of judicial review is
not present, the courts may decide cases involving it if:
a.
b.
c.
d.

it
it
it
it

involves
involves
involves
involves

a Senator or Congressman as petitioner;

a Provincial Governor as petitioner;
a Member of the Cabinet as the petitioner;
paramount public interest.

19. The Supreme Court acting as the Presidential Electoral

Tribunal (PET) may promulgate rules based on the Constitution giving
themselves allowances, appoint personnel of the PET, create a
separate seal different from that of the Supreme Court and others
based on its:
a.
b.
c.
d.

residual power;
doctrine of necessary implication;
commander in- chief;
fiscal autonomy.

20. Which office or branch of the government does not have

expressed fiscal autonomy under the Constitution?
a.
b.
c.
d.

Constitutional Commissions;
Judicial Department;
Local Government units as to their share in national taxes;
Executive Department.

21. A declaration of national emergency by the President of the

Philippines is valid, even without the approval of Congress if it is based
on:
a. Section 23, Art. VI of the Constitution;
b. First Sentence, of Section 18, Art. VII of the Constitution;
c. Section 17, Art. XII of the Constitution;
d. Section 17, Art. VII of the Constitution.
22.
Appointments?

Who need not be confirmed by the Commission on

a. Consul to Timbukto;
b. Lt. Col. Pedro Penduko on his promotion as full colonel;

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c. Ambassador to the United Nations;

d. New justice of the Supreme Court.
23. Which position does not necessarily require the aptitude of
the appointee but more on his close intimacy with the appointing
power:
a.
b.
c.
d.

Highly technical;
Policy determining;
Primarily confidential;
Probationary employee.

24. Which is the most correct proposition:

a. The COMELEC may continue to decide after the election
the earlier case regarding the qualification of a candidate
for Senator which was filed before the election since once
jurisdiction is acquired, it will remain with it;
b. Once a candidate for Congress is proclaimed and has taken
his oath, any question relating to his election, returns and
qualifications shall now be lodged at the appropriate
Electoral Tribunal;
c. The COMELEC may still determine the qualifications of
members of party-list groups even after elections since it is
the one which registers such party-list group under the law
and the Constitution as well as proclaims their winning
candidates of said groups for the House of Representatives;
d. The COMELEC may disqualify party-list groups in the next
elections if they failed to get at least 2% of the votes cast
and did not participate in the two (2) previous elections, or
vice versa, based on the party-list law.
25. The executive privilege may be invoked by the President or
any member of his Cabinet as well as the Generals of the Armed Forces
of the Philippines if the information sought by legislators from them:
Affects national security;
a. Has the effect of damaging our diplomatic relations with
another country;
b. Military secrets;
c. All of the above.

26. The 40 years of age as a qualification does not apply to:

a. The President;
b. Justices of the Supreme Court;
c. Senators;

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d. Vice President.
27. Which is not one of the non-legislative powers of
Congress:
a. Canvass of the results of the Presidential and Vice
Presidential Elections;
b. Impeaching the President;
c. Conduct of inquiries in aid of legislation;
d. Creating a new province.
28. The residual power of the President emanates from his:
a. power to appoint;
b. calling out power as commander-in-chief;
c. power of control;
d. pardoning power.
29. The refusal of the President to allow members of his
Cabinet to appear in inquiries in aid of legislation in Congress violates
not only Section 21 of Art. VI of the 1987 Philippine Constitution but
also:
a.
b.
c.
d.

Section 28, Art. II of the Constitution;

Section 1, Art. XI of the Constitution;
Section 7, Art. III of the Constitution;
All of the above.

30. Which of the following act of the President does not need
the concurrence or confirmation of Congress or any Committee thereof:
a.
b.
c.
d.

Treaty-making power;
Granting Amnesty to rebel soldiers;
Tax Amnesty;
Appointment of Members of the Cabinet.

31. Which of the following ground for impeachment was not

part of the 1935 and 1973 Philippine Constitution?
a.
b.
c.
d.

Treason;
Bribery;
Betrayal of Public Trust;
Other high crimes.

32. Which appointment does not require merit and fitness to

be determined by competitive examination?
a. Highly technical;
b. Primarily confidential;

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c. Policy Determining;
d. All of the above.
33. What kind of laws must exclusively originate from the
House of Representatives?
a.
b.
c.
d.

Revenue bills;
Appropriation bills;
Bills of local application;
All of the above.

34. Which of the following votes are needed to impeach any

of the impeachable officers?
a. 2/3 votes of all the Members of the Senate;
b. 1/3 votes or signatures of all the Members of the House of
Representatives?
c. 2/3 vote of both Houses of Congress voting separately;
d. votes of all the Members of the Senate.
35. Which of the following instances where the House of
Representatives and the Senate are not expressly mandated by the
Constitution to vote separately and therefore may vote jointly:
a. Declare the existence of a state of war;
b. Confirmation of a New Vice President nominated by the
President;
c. Concurrence to a declaration of amnesty by the President;
d. In case there is conflict between majority of the Members
of the Cabinet and the President on whether the latter is
incapacitated to perform his duties.
36. Which appointment needs confirmation by the Commission
on Appointments?
a.
b.
c.
d.

Consul to Timbukto;
Tagapangasiwa ng Bangko Sentral;
Commissioner of Internal Revenue;
Justice of the Supreme Court.

37. Which of the following instances results in a valid approval

into law by the President within 30 days from receipt of a bill enacted
by Congress::
a. Signing the approved bills at the Philippine Embassy in New
York, USA;
b. Signing the approved bills inside the US Congress;
c. Signing the approved bills over the Pacific Ocean on Board
Singapore Airlines;

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d. All of the above.

38. Aside from utmost responsibility, integrity and loyalty.
What other quality must a public servant possess?
a.
b.
c.
d.

industry;
probity;
efficiency;
leniency.

39. The Ombudsman has no power to investigate and file a

criminal or administrative case against a City Mayor charged of:
a. Raping his executive secretary inside his office at City Hall
during office hours;
b. Bribery;
c. Refusal to implement an Ordinance passed by the City
Council which he vetoed but was overridden by said body;
d. Padlocking the Office of Jadewell at Burnham Park at 9 p.m.
on his first day in office because he believes the latters
contract with the City is not valid.
40. Which is not within the power of the Commission on
Elections:
a. enforce laws and regulations relative to conduct of
elections;
b. deciding appeals
involving elections of Sangguniang
Kabataan members;
c. enforce laws relating to referendum and plebiscites;
d. enforce laws regarding Peoples Initiative to amend the
Constitution.
41. Which court is not mandated by the Constitution to decide
cases before it within three (3) months from the time said cases are
deemed submitted for decision?
a.
b.
c.
d.

Regional Trial Courts;

Sandiganbayan;
Court of Tax Appeals;
Municipal Trial Courts.

42. A member of the Judiciary must be a person who possesses

the four qualifications summarized by the word CIPI. What does the
letter P stands for as a person with proven?
a. Patriotism;
b. Probity;

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c. Professionalism;
d. Philosophy.
43. In a House of Representatives with a total of 240
members, what is the minimum number of Members must a party have
to be entitled to 1 seat at the Commission of Appointments?
a.
b.
c.
d.

40;
30;
20;
10.

44. Which is not considered a priority for the government

under our declaration of principles and state policies?
a.
b.
c.
d.

sports;
arts;
culture;
tourism.

45. Under the deliberative process privilege granted to the

President of the Philippines as well as members of his Cabinet, it does
not include:
a. advisory opinions to the President;
b. legal opinions of the DOJ Secretary to the President;
c. discussions by Members of the Cabinet with the President
during Cabinet Meetings;
d. confidential instructions by the Secretary of the
Department of Interior and Local Government
to the
Provincial Governor of Maguindanao to deliver a 12-0
results in favor of the candidates for Senator of the
incumbent President.
46. Which power of executive clemency may not be exercised
alone by the President, as a general rule:
a.
b.
c.
d.

pardon;
amnesty;
commutations;
remit fines and forfeitures.

47. The vote needed to suspend or expel a Senator or

Congressman for disorderly behavior is:
a. 2/3 of the members of the House where he belongs;
b. 2/3 of both Houses voting separately;
c. Majority of the Members of the House where he belongs;

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d. Majority of the members of both Houses voting separately.

48. The voting in each House of Congress on matters affecting
national security may be entered in the journal upon the request of:
a. 2/3 of the Members present;
b. of the Members present;
c. 1/5 of the total members of the House holding such
session;
d. 1/5 of the Members of the specific House who are present.
49. The prohibition on the President to make appointments
two months before the next Presidential Election and up to the end of
his term, according to the Supreme Court in the case of ARTURO DE
CASTRO VS. JUDICIAL AND BAR COUNCIL, applies only to the:
a.
b.
c.
d.

judiciary;
constitutional commissions;
executive department;
Ombudsman.

50. Which need not exclusively originate from the House of

Representatives?
a. Bill amending the Senior Citizens Act;
b. Bill creating the City of La Trinidad, Benguet;
c. Bill adding the position of Municipal/City Arbitrator for all
cities and towns in the country aside from the officials
indicated in the Local Government Code.;
d. Bill appropriating supplemental budget for victims of
Typhoon Pedring.
51. Content-neutral as a restriction to freedom of expression
deals with the:
a.
b.
c.
d.

Time and place where the speech is made;

Content or substance of the speech;
Association or group where the speaker belongs;
Religious group of the speaker.

52. As a rule, tips are not sufficient to vest probable cause on

the part of the police officers to conduct warrantless searches and
seizures, except:
a. In moving vehicles when no time left to secure a search
warrant from the court;
b. Checkpoints;
c. Search involving hot logs;

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d. all of the above.

53. The general test of the validity of an ordinance on
substantive due process grounds is best tested when assessed with the
evolved footnote 4 test laid down by the U.S. Supreme Court in U.S. v.
Carolene Products, as cited in White Light Corporation vs. City Mayor of
Manila, one of which is the:
a.
b.
c.
d.

clear and present danger test;

dangerous tendency test;
heightened or immediate scrutiny test;
prior restraint test.

54. In order that an Ordinance is considered a valid police

power measure, it:
a. must not prohibit but merely regulate trade;
b. must allow the policemen to use their discretion on
whether a particular act violates public morals or not;
c. authorizes the City or Municipal Mayor to close down
establishments which he deems as promoting immoral
acts;
d. authorizing the law enforcement authorities to confiscate
magazines which are obscene.
55. Res judicata in prison gray is known as the right
against:
a.
b.
c.
d.

unreasonable searches and seizures;

cruel and unusual punishment;
double jeopardy;
non-imprisonment for debt.

56. Which of the following acts violates the right against selfincrimination of a person?
a. Requiring a man to give a sample of his semen for DNA
Examination to determine the paternity of a child;
b. Requiring a suspect to try a pair of pants;
c. Requiring a person to give a sample of her urine to
determine if she is pregnant while her husband is in
another country for the last five (5) years and the result will
be used in her prosecution for adultery.
d. None of the above.
57. Bail is a matter of discretion in cases where:
a. the accused is charged of a capital offense but the
evidence of guilt is strong;

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b. the accused was convicted by the RTC of Homicide and was

sentenced to 14 years and 1 day to 20 years imprisonment;
c. the accused was convicted by the RTC of robbery and
sentenced to 6 years and 1 day up to 12 years
imprisonment but jumped bail several times during the trial
of his case;
d. all of the above.
58. Who among the following officials may not validly conduct
custodial investigation?
a.
b.
c.
d.

Barangay Captain;
Barangay Bantay Bayan;
Investigator of the CIDG;
Investigator of the NBI.

59. In an application for a rally permit, the City Mayor:

a. may validly deny said application if he finds evidence of
clear and present danger during the rally;
b. may allow the rally but at a different place as a result of
the evidence of clear and present danger;;
c. may allow the rally in the same place but at a different
time; as a result of the evidence of clear and present
danger;
d. may deny the application for a rally permit based on clear
and present danger after giving the applicant the chance to
rebut the evidence in his possession.
60. In an expropriation case for the construction of a school
building to be owned by the City of San Fernando, La Union, the
government must deposit an amount in order to be issued a writ of
possession equal to:
a. 100% of the fair market/zonal value of the property sought
to be expropriated based on the latest tax declaration;
b. 100% of the assessed value of the property sought to be
expropriated based on the latest tax declaration;
c. 15% of the market or zonal value based on the latest tax
declaration;
d. None of the above.
61. Which is not a valid exercise of police power:
a.
b.
c.
d.

To
To
To
To

promote
promote
promote
promote

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public morals;
economic stability of the people;
free enterprise;
public health;

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62. There is no violation of the right to due process if:

a. When A was ordered dismissed from his job immediately
after his employer saw the CCTV showing him stealing a
company property;
b. X was not given the opportunity to be heard before
declaring his classmate Y as the class valedictorian
despite the fact that he was always first in class from
Grades 1 to 5;
c. When the RTC decided the case after the submission of the
answer ;
d. When Z was immediately cited for contempt of court for
being late in his court appearance.
63. Which of the following is not one of the rights of an
accused during criminal proceedings:
a. Right to be presumed innocent;
b. Right to independent and competent counsel of his own
choice;
c. Right to speedy trial;
d. Right to confront witnesses face to face.
e. All of the above are the rights of an accused during
criminal proceedings.
64. The presence of a lawyer for the accused is not needed
during:
a.
b.
c.
d.

Police lineup;
Arraignment;
Custodial investigation for a minor offense;
Promulgation of his sentence.

65. In order that consent to a Warrantless searches and seizure

is valid; which is the most correct proposition:
a. the owner of the house to be searched must give his
consent;
b. the owner of the place to be searched must give his
consent to the search of specific items sought by the
searching party;
c. the wife will give her consent to the search as a co-owner
of the house to be searched;
d. the husband and wife who own the house to be searched
must give their consent.

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66. Which of the following acts violates the right against selfincrimination of a person?
a. Requiring a man to give a sample of his semen for DNA
Examination to determine the paternity of a child;
b. Requiring a suspect to try a pair of pants;
c. requiring a person to give a sample of his urine for testing
on whether she is pregnant or not to be used in her
prosecution for adultery;
d. None of the above.
67. Which right of the citizen will be violated if the PCGG
Commissioners refuse to attend a Senate Inquiry in aid of legislation as
a result missing funds of PHILCOMSAT, a sequestered company:
a.
b.
c.
d.

Right to privacy;
Right to information;
Freedom of expression;
Freedom of Religion

68. Which of the following is not one of the rights of an

accused during criminal proceedings:
a. Right to be presumed innocent;
b. Right to be informed that all the things he will state can
and will be used against him in a court of law.
c. Right to speedy trial;
d. Right to confront witnesses face to face.
e. All of the above.
69. The extrajudicial confession of A is not admissible in
evidence in which of the following:
a. He went to the police station and surrendered telling the 1 st
policeman he met at the police station I killed my brother
because I caught him in the act of sexual intercourse with
my wife without being informed of his rights during
custodial investigation;
b. He told the jail guards responding to shouts for help of an
inmate stabbed by him inside the comfort room of New
Bilibid Prisons without being informed of his rights during
custodial investigation;;
c. He told the Mayor that he killed and raped his cousin after
being threatened by said official without informing him of
his rights during custodial investigation;
d. He answered the questions of the policemen who invited
him to
shed light on the death of his neighbor while

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walking along the road towards the police station without

informing him of his rights during custodial investigation.
70. There is no double jeopardy in which of the following:
a. A criminal case for estafa was reinstated after six (6)
months from the time it was provisionally dismissed
despite the vigorous objections of the accused invoking
his tight to speedy trial, because the prosecution could not
locate its documentary exhibits after arraignment;
b. A criminal case was reinstated by the RTC after the Court
of Appeals reversed and set aside its earlier order
declaring that there is no probable cause in the filing of the
case;
c. A criminal case for grave for grave coercion was earlier
dismissed by the MTC on its own for lack of jurisdiction
after arraignment but admitted a second information for
the same crime upon being shown of the latest Supreme
Court decision stating that the MTC has exclusive original
jurisdiction in cases of said nature.
d. A criminal case was reinstated after dismissal based on
demurrer to evidence based on insufficiency of evidence
since an eyewitness surfaced with a videotape of the
commission of the crime.
71. In extradition cases, which statement is correct:
a. Bail is allowed if the crime the extraditee is charged in
another country is bailable;
b. Bail is allowed if the crime committed in another country is
also a crime punishable in the Philippines and it is bailable
here;
c. Bail may be allowed if the extraditee could prove by clear
and convincing evidence that he is not a flight risk and that
he will assure the court that he will follow the conditions
imposed by the court;
d. Bail may be allowed if he is a member of Congress and the
crime he committed in another country is not punishable
by more than 6 years imprisonment.
72. Based on the accuseds right to be presumed innocent, he
is entitled to acquittal in case of:
a. Inconsistent testimonies of the prosecution witnesses on
material matters;
b. Non-compliance by the arresting authorities of the
requirements of Section 21 of the Comprehensive
Dangerous Drugs Act, RA No. 9165;

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c. The testimony of the private complainant is unbelievable

and contrary to common human experience;
d. All of the above.
73. There is no double jeopardy if after an accused was
convicted of the crime of homicide before the RTC of Baguio City after
he was tried for Murder:
a. The Court of Appeals increased the penalty to reclusion
perpetua on appeal by the accused because it found the
evidence sufficient to convict the accused for Murder;
b. The Court of Appeals increased the penalty to reclusion
perpetua on appeal by the State because it found the
evidence sufficient to convict the accused for Murder;
c. The Prosecution filed a Motion for Reconsideration of the
decision of the RTC because the accused was convicted of
Homicide instead of Murder as charged in the information;
d. The Solicitor General filed a petition for certiorari as a
result of the erroneous acquittal of the accused by the RTC
when no less than the Supreme Court believes that there is
proof beyond reasonable doubt to find the accused guilty
as charged.
74. Bail is a matter of right if
a. The accused in a Murder case is 16 years old;
b. The accused is charged of 100 counts of falsification of
public documents;
c. The accused is charged of multiple homicide;
d. The accused is charged of 100 counts of BP Bilang 22 with
aggregate amount of P100M
e. All of the above.
75. The immunity from prosecution whereby the accused could
not be charged of any
crime whatsoever in addition to the crime
where he is testifying in court is:
a.
b.
c.
d.

Parliamentary immunity;
Transactional immunity;
Presidential immunity;
Use immunity.

76. The right of a housemaid violated by the act of her

employer not to allow her to transfer to another employment since she
has already received all her salaries up to December 31, 2011.
a. Right to travel;
b. Right against involuntary servitude;

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c. Right to locomotion;
d. All of the above.
77. The freedom of expression is not absolute. It may not be
validly invoked in the case of:
a. movies with explicit sex scenes and violence like the
Vizconde Story showing the gruesome murders of three (3)
women;
b. the life of a woman whose work is having sex with a
partner inside a locked room with 200 paying male
customers watching;
c. a lady actress completely in the nude being the model of
200 UP fine arts students for their final assignment in
painting;
d. a lady Guest Relations Officer dancing totally in the nude in
a nightclub patronized by high ranking government official
who requested her to dance that way.
78. Which of the following may be validly considered valid
search and seizure under the plain view doctrine?
a. While serving a validly issued search warrant for an
unlicensed firearm inside the house of an accused, the
policemen
found
a
sachet
of
methamphetamine
hydrochloride in one of the cabinets of the accused which
they seized;
b. While validating a tip that the house of Mr. X in a far-flung
barangay in Bangued, Abra, is surrounded by fully grown
marijuana plants, the policemen indeed found 100 fully
grown marijuana which they uprooted and seized then
arrested Mr. X;
c. After the owner of an apartment leased to Mr. Damaso was
opened by the owner thereof, Madam X, the police saw an
unlicensed M14 Armalite Rifle on top of a table therein
which they seized;
d. While boarding the car of the man arrested in a nightclub
for illegal possession of firearm, the policeman
accompanying the suspect to the police station saw three
(3) sachets of shabu at the front seat of the car which he
seized.
79. Due process may not be invoked in:
a. the expulsion of the members of some disloyal members
of the Liberal party without notice and hearing;

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b. outright dismissal of an employee who uttered threatening

remarks to his employers in the presence of 20 coemployees;
c. expulsion of a UC Law Student who allegedly wrote
libelous and disparaging remarks against the Dean in her
Facebook Account;
d. a court order requiring a lawyer to pay a fine of P1,000.00
when, despite the lapse of 1 hr. from the scheduled
hearing, he is still not in court without any motion for
postponement or just text or telephone call to the court
thereby delaying the administration of justice.
80. There is violation of the equal protection clause if:
a. the government gives some tax exemptions to
establishments inside the export processing zones but not
outside it;
b. non-Igorots (Ibaloi and Kankana-ey) speaking individuals
are not allowed to work in establishments within the
Cordillera Administrative Region;
c. The soldiers and policemen are given allowances in
addition to their salaries while other government
employees are not entitled thereto;
d. When the registered voters of one component city are not
allowed to vote for provincial officials while the registered
voters of the other 99 component cities in the Philippines
are allowed to do so.
81. Which of the following violates the religious rights
provisions of the Constitution:
a. Muslims should work even on Fridays during the Ramadan
season because the same is a regular working day under
the Labor Code of the Philippines and all employees
regardless of their religious inclinations are also working--even if the same is against their religious beliefs;
b. Members of Iglesia ni Tukak are required to pay the
same taxes as all others though they believed that their tax
should not be more than 10% of their income in order not
to affect their right to survive;
c. Prohibiting churchgoers from shouting some slogans
against alleged corrupt while going to church which is
beside Malacanang;
d. Requiring them to train and join the armed forces even if
their religion prohibits them from doing so since they
believe that they should not kill or be killed.

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82. There is no violation of the right to information on matters

of public concern in the following situation:
a. President Gloria Macapagal Arroyo failed to provide a copy,
even though she earlier promised to do so, of the Japan
Philippines Economic Partnership Agreement (JPEPA), to
different businessmen who requested for a copy of the
same so that they could give their comments since it is a
matter of importance to them, before signing the same as
a treaty with Japan;
b. PCGG entering into a compromise agreement with the
Marcoses allowing the latter from retaining 65% of the
amounts allegedly stolen by them without first informing
the public about it (Chavez vs. PCGG);
c. The Government Negotiating Panel entering in to an
agreement with the MILF giving the latter sovereignty over
the lands and waters within the Bangsamoro Juridical
Entity; enter into diplomatic relations with other countries
and perform other sovereign acts outside the Philippine
government;
d. When a government office refuses to give copies of
documents like how millions from the national budget are
to be spent for dole-outs to the poor segments of the
society.
83. The right to counsel during custodial investigation was
violated if:
a. The lawyer given by the investigator of the NBI to the
accused is one who is applying for a job at the NBI and was
accepted as an investigator 2 days later;
b. The lawyer given by the Investigator of the Western Police
District is Atty. De Los Reyes, the Chief of the said office;
c. The lawyer representing the accused was inside the
investigation room of the Cebu PNP assisting another client
when the investigator started asking questions and joined
said suspect only on the sixth question;
d. All of the above.
*******************************************************************

THE BARRISTERS CLUB OFFICERS:

Virgel Amor Vallejos
(Chancellor)

Seychelles June M. Doringo

(Secretary)

Janilet Mishelle R. Carillo

(Treasurer)

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Art Miguel B. Sanlao and Angelito Velasquez Jr.

(Business Managers)

Rachelle May Gallego

(PRO)

Paul Dean Mark Pila

(SSG Representative)

Brenda Filipinas Danganan

(Ex-officio)

Atty. Isagani Calderon

(Adviser)

Atty. Reynaldo U. Agranzamendez

(Dean,College of Law)

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