April 17, 2011 BAR REVIEWER ON POLITICAL LAW I. The Constitution A. Kinds 1. Constitutions may be classified as: a. b. c. d.

Written and unwritten.1 Conventional and cumulative.2 Flexible and rigid.3 Libertarian and authoritarian

B. Purposes 1. The purposes of a constitution are the following: a. To prescribe the permanent framework of a system of government.4 b. To assign to different department units their respective powers and duties.5 c. To establish certain fixed first principles on which the government is founded.6 d. To lay down principles for the guidance of the people. C. Requisites of a Good Constitution 1. The following are the requisites of a good constitution: a. b. c. d. Breadth 7 Brevity8 Definiteness9 Adaptability

D. Parts of a Constitution 1. The following are the parts of a constitution: a. Constitution of liberty, which refers to the provisions setting forth the fundamental civil and political rights of the citizens.10 b. Constitution of government, which refers to the provisions outlining the organization of the government.11 c. Constitution of sovereignty, which refers to the procedure for amending the constitution.12

1 2

Taada and Carreon, Political Law of the Philippines, Vol. 1, pp. 66-67. Ibid. 3 Ibid. 4 Malcolm, Philippine Constitutional Law, p. 6. 5 Ibid 6 Ibid 7 Taada and Carreon, op. cit, Vol 1, p. 71. 8 Ibid 9 Ibid 10 Garner, Introduction to Political Science, pp. 397-398 11 Ibid 12 Ibid

d. Constitution of citizenship, which refers to the provisions defining who are the citizens of a country. E. Amendments and Revisions 1. The following may propose amendments to the Constitution: a. b. c. d. Congress by a three-fourths vote of all its members.13 Constitutional Convention.14 The people through initiative.15 Constitutional Commission

2. The following are the limitations on the power of the people to propose amendments to the Constitution: a. The people cannot propose revisions.16 b. The petition for an initiative must be signed by at least 12% of the total number of registered voters, with at least 3% of the registered voters in every legislative district being represented.17 c. The people can propose amendments only once every five years.18 d. There must be a ninety-day information drive before the solicitation of signatures for the petition. 3. The proposition which constitutes a revision of the Constitution is: a. Changing the age requirement for the right of suffrage to 21 years.19 b. Reducing the Filipino ownership of mass media companies to 60%.20 c. Requiring a college degree as a qualification for election as President.21 d. Changing the legislature from a bicameral to a unicameral assembly. F. Self-Executory and Non-Legal Executory Provisions 1. The provision of Article II of the Constitution which is self-executory is: a. Section 5, which deals with the promotion of the general welfare of the people.22 b. Section 12, which deals with the natural right and duty of parents in the rearing of the youth.23 c. Section 13, which deals with the promotion of the moral well-being of the youth.24 d. Section 6, which deals with the protection of the right of the people to a balanced and healthful ecology.25

13 14

Section 1, Article XVII of the Constitution. Ibid 15 Ibid 16 Sec. 1, Article XVII of the Constitution. 17 Ibid 18 Ibid 19 Lambino vs. Commission on Elections, 505 SCRA 160. 20 Ibid 21 Ibid 22 Kilosbayan vs. Morato, 246 SCRA 540 23 Ibid 24 Ibid 25 Oposa vs. Factoran, 224 SCRA 792

2. The provision of Article II of the Constitution which is which is selfexecutory is: a. Section 2, which makes the generally accepted principles of international law part of the law of the land.26 b. Section 11, which guarantees full respect for human rights.27 c. Section 17, which promotes total human liberation and development.28 d. Section 18, which provides promotion of the welfare of workers.29 3. The provision of the Constitution which is self-executory is: a. Section 19, Article II which provides for a self-reliant and independent economy effectively controlled by Filipinos.30 b. Section 24, Article II which recognizes the vital role of communication and information in nation building.31 c. Section 25, Article II, which provides for autonomy of local government units.32 d. Section 28 (1), Article VI, which provides for a progressive system of taxation.33 4. The provision of the Constitution which is self-executory is: a. Section 7, Article III. which deals with the right to information.34 b. Section 17, Article XII, which grants the State the power to take over a privately owned business in case of national emergency.35 c. Section 1, Article XIII, which provides for the reduction of social, economic and political inequalities.36 d. Section 2, Article XIII, which provides for the promotion of social justice.37 5. The provision of the Constitution which is self-executory is: a. Section 10, Article XII, which gives preference to Filipinos in the grant of rights, privileges and concessions concerning the national patrimony.38 b. Section II, Article XIII, which provides for health and social services.39 c. Section 14, Article XIII, which protects working women.40 d. Section 1, Article XIV, which provides for the right to quality education.41 6. The provision of the Constitution which is self-executory is:

26 27

Razon vs. Tagitis, 606 SCRA 598 Basco vs. Philippine Amusements and Gaming Corporation, 197 SCRA 57. 28 Kilosbayan, Inc. vs. Morato, 246 SCRA 548 29 Bases Conversion and Development Authority vs. Commission on Audit, 580 SCRA 295 30 Taada vs. Angara, 272 SCRA 18 31 Philippine Long Distance Telephone Company vs. National Telecommunications Commission, 190 SCRA 717 32 Ibid 33 Tolentino vs. Secretary of Finance, 235 SCRA 630 34 Legaspi vs. Civil Service Commission, 150 SCRA 530 35 David vs. Arroyo, 489 SCRA 160 36 Tolentino vs. Secretary of Finance, 235 SCRA 630 37 Basco vs. Philippine Amusements and Gaming Corporation, 197 SCRA 52. 38 Legaspi vs. Civil Service Commission, 150 SCRA 530 39 Manila Prince Hotel vs. Government Service Insurance System, 2364 SCRA 408 40 David vs. Arroyo, 489 SCRA 160 41 Tatad vs, Secretary of the Department of Energy, 281 SCRA 330

a. Section 1, Article XIII, which directed Congress to give priority to measures that enhance human dignity and reduce inequalities.42 b. Section 9, Article XII, which provides for the resettlement of poor dwellers.43 c. Section 1, Article XIV, which provides for promotion of the right to quality education.44 d. Section 5 (2), Article XIV which guarantees academic freedom in all institutions of higher learning.45 II. General Considerations A. National Territory 1. The national territory of the Philippines does not include: a. b. c. d. Its internal waters.46 The Kalayaan Islands.47 North Borneo.48 The land occupied by foreign embassies.49

B. State Immunity from Suit 1. The principle that a suit against the state which will result in financial liability on the part of the State is not allowable applies in case of: a. A suit by unpaid laborers of a contractor with the government for payment to them by the government of their wages from the money appropriated for the project.50 b. A suit of an illegally removed government employee for reinstatement and payment of back wages where funds have been appropriated for his wages.51 c. A suit by a war veteran for payment of his pension where the public officer in charge of releasing the funds appropriated refuses to do so.52 d. A suit against the Technological Education on Skills Development Authority, an unincorporated government instrumentally in charge of education, training and skills development, for payment for the printing of identification cards.53 2. The principle that a suit against the State involving property in which it claims to have an interest is not allowable does not apply in: a. A suit in which the plaintiff claims an interest adverse to the State.54 b. A suit to recover just compensation for property taken by the State without filing an expropriation case.55
42 43

Tolentino vs. Secrertary of Finance, 235 SCRA 630. People vs. Leachon, 276 SCRA 163 44 Tolentino vs. Secretary of Finance, 235 SCRA 630 45 Garcia vs. Faculty Admission Committee, 68 SCRA 27 46 Article 1 of the Constitution. 47 Ibid 48 Ibid 49 Reagan vs. Commissioner of Internal Revenue, 38 SCRA 968. 50 Moreno vs. Macadaeg, 7 SCRA 700 51 Piero vs. Hechanova, 18 SCRA 417 52 Aniano vs. Philippine Veterans Affairs Office, 179 SCRA 214 53 Professional Video, Inc. vs. Technological Education and Skills Development Authority, 591 SCRA 83 54 Lim vs. Brownwell, 107 Phill. 344

c. An action questioning the revocation of a timber license which was issued without authority.56 d. An action to recover ownership of a piece of land on the basis of a claim by the plaintiff that he had an informacion posesoria.57 3. A suit will not be dismissed on the ground that it involves an act which belongs to the State in his political capacity in case of: a. A suit to compel grant of an application for a visa. b. A suit for payment of a sum of money which will require an appropriation of funds.58 c. A suit to enjoin interference with logging operations in a military base.59. d. A suit by a stockholder of a sequestered corporation to allow inspection of its records.60 4. A suit against a public officer is not a suit against the State in case: a. A suit by the owner of a motor vehicle seized by officers of the Department of Environment and Natural Resources for transporting illegally cut timber sued them to recover the motor vehicle.61 b. A suit for damages filed by an acquitted accused against the law officer who testified in the criminal case against him.62 c. A suit against a regional director for refusing to allow the return of a government employee reassigned by the Department Secretary in the absence of an authorization to return.63 d. A suit against a public officer to annul the award to somebody else of the orbital slots assigned to a satellite company.64 5. A suit against a public officer is a suit against the State in case of: a. A suit against a public officer to prohibit the enforcement of an unconstitutional law.65 b. A suit for dismissing a subordinate employee for dealing in prohibited drugs.66 c. A suit for violation of constitutional rights. 67 d. A petition for mandamus to compel the release of public funds appropriated for payment of pension benefits.68 6. The defense of immunity of the State from suit is waived in case: a. Congress passed a law waiving the immunity from suit.69

55 56

Ministerio vs. Court of First Instance of Cebu, 40 SCRA 464 Tan vs. Director of Forestry, 125 SCRA 302 57 Republic vs. Feliciano, 148 SCRA 429 58 United States vs.Guinto, 182 SCRA 649 59 Baer vs. Tizon, 57 SCRA 1 60 Republic vs. Sandiganbayan, 199 SCRA 39 61 Calub vs. Court of Appeals, 331 SCRA 55 62 Muncher vs. Court of Appeals, 397 SCRA 245 63 Republic vs. Court of Appeals, 182 SCRA 721 64 Philippine Agila Satellite, Inc vs. Lichauco, 489 SCRA 22 65 J.M. Tuazon & Company, Inc. vs. Land Tenure Administration, 31 SCRA 413 66 United States vs. Ceballos, 182 SCRA 649 67 Aberca vs. Ver, 160 SCRA 590 68 Animas vs. Philippine Veterans Administration, 174 SCRA 214 69 Social Security System vs. Court of Appeals, 120 SCRA 707

b. A commission created to investigate the violent dispersal of a rally recommended payment of indemnity to the victims.70 c. The Solicitor General failed to invoke it as a defense.71 d. The President ordered the Solicitor General to waive it as a defense. 7. A governmental agency is performing governmental functions if: a. b. c. d. 8. It is engaged in the construction and maintenance of roads.72 It is engaged in the collection and disposal of garbage.73 It services the printing needs of the government.74 It is engaged in the construction and administration of irrigation systems.75

A government agency is not performing governmental functions if: a. b. c. d. It is engaged in banking.76 It is engaged in improvement of the economic conditions of farmers.77 It is trading in palay, rice, and corn to stabilize their prices.78 It is engaged in low-cost housing.79

9. A government instrumentality is not performing governmental function if: a. b. c. d. It is providing insurance.80 It manages airports.81 It is providing education.82 It is handling formal and non-formal training.83

10. A government performing proprietary function cannot be sued if: a. b. c. d. 11. It is the Bureau of Customs operating the arrastre service.84 It is operating a railway.85 It is operating a restaurant.86 It is the Armed Forces of the Philippines operating a commissary.87 The State can be sued if the contract in which it is involved is: the Bureau of

a. A contract related to defense,88 b. Purchase of bluestone copper sulfate by Telecommunications for services it is rendering.89
70 71

Republic vs. Sandoval, 220 SCRA 124 United States of America vs. Ceballos, 182 SCRA 644 72 Palafox vs. Province of Ilocos Norte, G.R. No. L-10659, January 1, 1959 73 Department of Public Services Labor Union vs. Court of Industrial Relations, 110 Phil, 927 74 Bureau of Printing vs. Bureau of Printing Employees Association, 110 Phil, 952 75 Fontanilla vs. Maliaman, 179 SCRA 685 76 Republic vs. Philippine National Bank, 13 SCRA 24 77 Philippine Virginia Tobacco Administration vs. Court of Industrial Relations, 65 SCRA 416 78 Republic vs. Court of First Instance of Rizal, 99 SCRA 660 79 Badillo vs. Tayag, 400 SCRA 494 80 Social Security System Employees Association vs. Soriano, 9 SCRA 511 81 Manila International Airport Authority vs. Court of Appeals, 495 SCRA 591 82 Serrano vs. Sandiganbayan, 542 SCRA 224 83 Professional Video, Inc. vs. Technological Education and Skills Development Authority, 391 SCRA 83 84 Mobil Philippines Explorations, Inc vs. Customs Arrastre Service, 18 SCRA 1120 85 Malong vs. Philippine National Railway, 138 SCRA 63 86 United States vs. Guinto, 182 SCRA 644 87 Philippine Refining Company vs. Court of Appeals, 256 SCRA 667. 88 United States vs. Ruiz, 136 SCRA 482 89 Pacific Products, Inc. vs. Ong, 151 SCRA 536.

c. Preparation of plans, specifications and documents for a hospital and construction supervision which were rendered.90 d. Contract for printing of polyvinyl identification cards for trainees entered into by an unincorporated government instrumentality performing governmental functions.91 12. The State cannot be sued when the suit involves a contract when: a. A government office organized to disseminate government information obtained a loan to pay for the rights to telecast basketball games:92 b. A donor sued to revoke a donation for failure of the government agency to comply with the conditions of the donation.93 c. The government agency convinced the contractor to complete the project upon assurance that additional funds would be appropriated.94 d. A taxpayer sued to enjoin the award of a contract because the bid of the lowest bidder should be considered unacceptable.95 13. When the State gets involved in a lawsuit, it waives its immunity from suit to the extent that: a. If it filed a complaint, a compulsory collection can be raised against it:96 b. A petition for certiorari may be filed against it as an incident of the case it filed.97 c. If it intervened in an action and asked for affirmative relief, a compulsory counterclaim may be filed against it.98 d. If it filed a complaint, a permissive counterclaim may be filed against it.99 C. Separation of Powers and Checks and Balances 1. The following statement is correct: a. A law granting the President of the Senate and the Speaker of the House of Representatives power to appoint officers in the Executive Department is valid:100 b. A law providing that a constitutional provision interpreted by the Supreme Court should be interpreted differently is valid.101 c. A law authorizing Members of Congress to propose and identify projects to be funded by the countrywide development fund is valid.102 d. A law requiring that the implementing rules and regulations be submitted to a Joint Congressional Oversight Committee is valid.103 2. The following statement is correct:

90 91

Department of Health vs. C.V. Canchela & Associates, 475 SCRA 218 Professional Video, Inc. vs. Technical Education and Skills Development Authority, 591 SCRA 83 92 Traders Royal Bank vs. Intermediate Appellate Court, 192 SCRA 305 93 Santiago vs. Republic, 87 SCRA 2004 94 EPG Construction Company vs. Vigilar, 354 SCRA 566 95 Republic vs. Nolasco, 457 SCRA 400 96 Froilan vs. Pan Oriental Shipping Company, 95 Phil. 905 97 Republic vs. Sandiganbayan, 184 SCRA 383 98 Dizon vs. Rodriguez, 13 SCRA 704 99 Spawr vs. United States, 796 F2d. 279 100 Springer vs. Government of the Philippine Island, 277 U.S. 189 101 Endencia vs. David, 93 Phil, 696 102 Philippine Constitution Association vs. Enriquez, 235 SCTA 506 103 Abakada Guro Party List vs. Purisima, 562 SCRA 251

a. A law giving the Ombudsman the power to review a decision of the Supreme Court is valid.104 b. A law giving the Secretary of Justice the power to discharge someone to be a state witness pursuant to a witness protection program encroaches upon the power of the court to discharge a state witness.105 c. The President may veto a law appropriating funds to pay the increase in the retirement benefits of retired Justices of the Supreme Court awarded in a decision of the Supreme Court is valid.106 d. A Senator cannot ask the Supreme Court to compel the Office of the President to submit to the Senate a treaty to which the Philippines has acceded for its concurrence in the ratification.107 3. The following statement is correct: a. A law requiring members of the Judiciary to act as arbitrators is valid.108 b. A law providing that executive officers who have the same rank members of the Judiciary and who are charged administratively be investigated by the Supreme Court is valid.109 c. Appointing a member of the Judiciary as an adviser in the Executive Department is valid.110 d. A law requiring arbitration of certain disputes is valid.111 4. The following statement is correct: a. The Supreme Court can review whether the punishment of a member of the House of Representatives for disorderly behavior was tainted with grave abuse of discretion.112 b. The Supreme Court can review if an amendment inserted by a Bicameral Conference Committee of Congress is invalid, because it was not the subject of any disagreement between the two chambers.113 c. The Supreme Court can review if the representation of the Members of the Commission on Appropriations complied with the proportional representation of the political parties.114 d. The Supreme Court can review the manner of selection of the officers of Senate apart from its President.115 III. Legislative Department A. Delegation of Legislative Power I. Legislative power may not be delegated in the following instances: a. Delegation of tariff powers and emergency powers to the President.
104 105

In re Laureta, 148 SCRA 280 Webb vs. De Leon, 247 SCRA 852 106 Bengzon vs. Drilon, 208 SCRA 133 107 Pimentel vs. Office of the Executive Secretary, 462 SCRA 622 108 Manila Electric Company vs. Pasay Transportation Company, 57 Phil. 600 109 Noblejas vs. Teehankee, 23 SCRA 405 110 In re Manzano, 166 SCRA 246 111 Philippine Veterans Investment Development Corporation vs. Velez, 199 SCRA 405 112 Osmea vs. Pendatun, 109 Phil, 863 113 Philippine Judges Association vs. Prado, 227 SCRA 703 114 Guingona vs. Gonzales, 214 SCRA 789 115 Santiago vs. Guingona, 298 SCRA 756

b. Delegation to the people at large through initiative and referendum c. Delegation to local governments of matters of local concern.116 d. Delegation to the Judiciary of the penalty for a criminal offense without providing for the minimum and the maximum of the penalty.117 2. The delegation of rule-making power to an administrative agency is not valid in case: a. Operation of private schools is based on efficiency and adequate instruction to the public.118 b. The law grants the President the power to create municipalities.119 c.. The Secretary of Labor and Employment may assume jurisdiction over a labor dispute in an industry indispensable to national interest.120 d. The Board of Medical Education is authorized to regulate medical schools for the standardization of medical education.121 3. The delegation of rule-making power to an administrative agency is not valid in case: a. Public safety is not expressly stated but is merely implied as a standard for the rule-making power of the Land Transportation Office.122 b. The law authorizes the Director of Animal Industry to distribute confiscated carabaos to deserving farmers as he may see it.123 c. The law authorizes the Philippine Overseas Employment Administration to protect the rights of overseas Filipino workers to favorable and equitable employment practices.124 d. The law provides that the National Telecommunications Commission should be guided by the requirements of public safety, public interest and reasonable feasibility of maintaining effective competition.125 4. A law delegating rule-making power to an administrative agency is not valid in case: a. The law authorizes the Chairman of the National Meat Inspection Commission to distribute confiscated carabeef to charitable institutions and other similar institutions as he may see fit.126 b. The law automatically appropriates funds to pay the principal, interest, taxes and normal banking charges on loans of the Philippines as they become due, without specifying the amount.127 c. The law authorized the Department of Budget and Management to classify positions in the government to provide equal pay for equal work and to base differences in pay upon differences in duties and qualification.128
Abakada Guro Party List vs. Ermita, 469 SCRA 1 People vs. Dacuycuy, 173 SCRA 90 118 Philippine Association of College and Universities vs. Secretary of Education, 97 Phil. 806 119 Pelaez vs. Auditor General, 155 SCRA 569 120 Free Telephone Workers Union vs. Minister of Labor and Employment, 108 ACRA 757 121 Tablarin vs. Gutierrez, 152 SCRA 730 122 Agustin vs. Edu, 188 SCRA 195 123 Ynot vs. Intermediate Appellate Court, 148 SCRA 659. 124 Conference of Maritime Manning Agencies, Inc. vs. Philippine Overseas Employment Administration, 243 SCRA 666 125 Philippine Communications Satellite Corporation vs. Alcuaz, 180 SCRA 218 126 Ynot vs. Intermediate Appellate Court 127 Guingona vs. Carague, 196 SCRA 221 128 Rodriquez vs. Sandiganbayan, 309 SCRA 661
117 116

d. A law authorized the Secretary of Health to issue rules and regulations for the promotion of public health.129 5. A law which authorizes delegation of power is not valid in case: a. The law authorizes mayors to refuse a permit for a public assembly if there is a clear and present danger to public order, public safety, public convenience, public morals or public health.130 b. The law authorized the Energy Regulatory Commission to promulgate rules and regulations to ensure the total electrification of the county and the quality, reliability, security and affordability of the supply of electric power.131 c. The law authorized the removal of officials and employees of the Bureau of Internal Revenue and the Bureau of Customs if the revenue collection falls short of the goal by 7.5 percent.132 d.. A law authorized the regulatory board of public utilities to require annually a detailed report of finances and operation in such form and with such matters as the regulatory board may prescribe.133 6. A law which authorizes delegation of power is not valid in case: a. The law authorized the President to reorganize the Executive Department to achieve simplicity, economy, and efficiency.134 b. The law authorizes the President to reorganize the administrative regions without prescribing any standard and the standard may be found in another law on the same subject.135 c. A law granted an administrative agency the power to impose fines not exceeding P1,000 daily.136 d. A law authorizes the courts to impose imprisonment as a penalty for a criminal offense without a minimum or a maximum duration.137 B. Organization of Congress 1. The number of Congressmen cannot be increased by: a. b. c. d. Creation of a new city with a population of at least 250,000.138 Creation in a province of a new legislative district with a population of less than 250,000.139 Creation of new legislative districts by the Regional Assembly of the Autonomous Region in Moslem Mindanao.140 Increase of the legislative districts in a city or province.141

2. The following statement regarding the party-list system is incorrect: a.

129 130

Major political parties can participate in the party-list elections.142

Beltran vs. Secretary of Health, 476 SCRA 168. Bayan, Karapatan, Kilusang Magbubukid ng Pilipinas vs. Ermita, 488 SCRA 226. 131 Gerochi vs. Department of Energy, 527 SCRA 696. 132 Abakada Guro Party List vs. Purisima, 562 SCRA 251. 133 Compania General de Tabacos de Filipinas vs. Board of Public Utility, 34 Phil. 136 134 Anak Mindanao Party List Group vs. Executive Secretary, 531 SCRA 583 135 Chiongbian vs. Orbos, 245 SCRA 253 136 Pacific Steam Laundry, Inc. vs. Laguna Lake Development Authority, 608 SCRA 442 137 People vs. Dacuycuy, 173 SCRA 138 Tobias vs. Abalos, 239 SCRA 106 139 Aquino vs. Commission on Elections, 617 SCRA 623 140 Sema vs. Commission on Elections, 558 SCRA 700. 141 Bagabuzo vs. Commission on Elections, 573 SCRA 270

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b. c. d.

The party-list organizations must represent the marginalized and underrepresented constituents only.143 It is not mandatory that the party-list congressmen constitute 20% of the congressmen.144 A party-list organization can be entitled to a seat in the House of Representatives even if it obtained less than two percent of the votes cast for the party-list system.145

3. The following organizations are not entitled to participate in the party-list elections: a. b. c. d. Businessmen146 Professionals147 Homosexuals148 Women149

4. The names of the nominees or the order of the nominees in the list of a party-list organization cannot be changed after their submission to the Commission of Elections except if: a. b. c. d. The nominee dies The nominee withdraws in writing The nominee becomes incapacitated The nominee is withdrawn by the party-list organization

5. A legislative district need not be: a. b. c. d. Contiguous Compact Adjacent150 Homogenous

6. A candidate for Congressman does not comply with the residence requirement in case: a. b. c. He does not own any property in the legislative district.151 He leased a house in the legislative district but bought it and transferred his registration as a voter in the legislative district less than a year before the election.152 He leased a house in the legislative district, he married there, and his daughter was born there but he kept a mistress in another legislative district and was registered as a voter there.153

Barangay Association for National Advancement of Transparency vs. Commission on Elections, 586 SCRA 210. 143 Bayan-OFW Party vs. Commission on Elections, 359 SCRA 698 144 Barangay Association for National Advancement for Transparency vs. Commission on Electiosn, 586 SCRA 210 145 Ibid 146 Ang Bagong Bayan-OFW Labor Party vs. Commission on Elections, 359 SCRA 698 147 Section , Republic Act No. 7941. 148 Ang Ladlad LGBT Party vs. Commission on Elections, 618 SCRA 32 149 Section 5, Republic Act No. 7941 150 Section 5 (3), Article 5 of the Constitution 151 Co vs. Electoral Tribunal of the House of Representatives, 199 SCRA 692 152 Domino vs. Commission on Elections, 310 SCRA 546 153 Perez vs. Commission on Elections, 317 SCRA 641

142

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d.

He operated business in the legislative district for years before he ran, his children were schooling there two years before, and he leased a house there more than a year before.154

7. The following statement is correct: a. b. c. d. C. The special election to fill a vacancy in the Senate cannot be held together with the regular elections.155 If the law increases the salaries of Members of Congress, the Congressmen who approved it can collect the increased salaries at their next term156 Members of Congress need not disclose their financial and business interests.157 A Member of Congress may file a bill which affects his business interests.158

Legislative Privileges, Inhibitions and Disqualifications 1. The following statement is correct: a. b. c. d. Congress can pass a law expanding the scope of the immunity from arrest of its Members.159 A Congressman facing a criminal case punishable by reclusion perpetua can compel that he be allowed to attend the sessions of the House of Representatives.160 The immunity from arrest of Members of Congress applies if Congress is in session even if they are not attending the sessions.161 The Sandiganbayan cannot order the arrest of Members of Congress who have a pending criminal case before it if Congress is in session.162

2.

The parliamentary immunity of Members of Congress for speeches and debates does not extend to: a. b. c. d. A speech sponsoring or opposing a bill.163 Statements during debates on a bill.164 A speech explaining his vote.165 A derogatory letter written to the President.166

3.

The parliamentary immunity of Members of Congress applies in case: a. He made a statement during a committee hearing.167

154 155

Fernandez vs. House of Representatives Electoral Tribunal, 608 SCRA 433. Section 4, Republic Act No. 7166 156 Philippine Constitution Association Inc. vs.. Gimenez, 15 SCRA 479. 157 Section 12, Article VI of the Constitution 158 Ibid. 159 Martinez vs. Morfe, 44 SCRA 22 160 People vs. Jalosjos, 324 SCRA 689 161 Record of the Constitutional Commission, Vol. II, p. 195. 162 Section II, Article VI of the Constitution 163 Jimenez vs. Cabangbang, 17 SCRA 876 164 Ibid 165 Ibid 166 Ibid 167 Jimenez vs. Cabangbang, 17 SCRA 876.

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b. c. d. 4.

He was held liable for disorderly behavior by Congress for delivering an irresponsible speech.168 He delivered a privileged speech inside Congress attacking the Supreme Court after his application for appointment to the Supreme Court was rejected.169 He issued a press release.170

A member of Congress is not required by the Constitution: a. b. c. d. To give up his seat if he was elected Chairman of the Philippine National Red Cross.171. To give up his seat if he was elected director of a government corporation organized under the Corporation Code.172 To reject his appointment to an office created during his term.173 To reject his appointment as judge if the salaries of judges were increased during his term.174

5.

A member of Congress is not prohibited from: e. f. g. h. Personally appearing in his own behalf before any court.175 Signing a pleading for a client of his law office.176 Appearing as law counsel before a court martial.177 Buying a nominal amount of shares in a corporation and intervening in his own behalf in an intra-corporate dispute.178.

6.

A Member of Congress is not prohibited by the Constitution: a. To enter into a contract to ride a train of the Philippine National Railway.179 b. To enter into a contract to sell property to the Government.180 c. To be a stockholder of a corporation that will enter into a contract for gain with the Government 181 d. To have his wife be a director of a corporation which has a contract for gain with the government.182

7.

A Member of Congress is prohibited by the Constitution: a.. To acquire shares of stock in a power corporation, a mining corporation, or a logging corporation. 183 b. To intervene for a relative without any pecuniary consideration.184 c. To be a retained counsel of a bank being investigated by the Committee on Banks of the House of which he is a Member.185

168 169

Osmea vs. Pendatun, 109 Phil, 863 Pabre vs. Defensor-Santiago, 597 SCRA 1 170 Hutchinson vs. Proxmire, 443 U,S. 111. 171 Liban vs. Gordon, 593 SCRA 68 172 Section 13, Article VI of the Constitution 173 Ibid 174 Ibid 175 Villegas vs. Legaspi, 113 SCRA 39 176 Villegas vs. Legaspi, 113 SCRA 39. 177 Marcos vs. Chief of Staff, 89 Phil. 246 178 Puyat vs. De Guzman, 113 SCRA 31 179 Opinion No. 49 of the Secretary of Justice dated March 5 , 1948 180 Opinion No. 18 of the Secretary of Justice dated February 18, 2000. 181 Opinion No. 86 of the Secretary of Justice dated June 4, 1982. 182 Record of Constitutional Commission, Vol. II, p. 106. 183 Section 14. Article VI of the Constitution. 184 Ibid

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d. To intervene in a matter before a government office for a fee.186 D. Quorum and Voting 1. The following statement is incorrect: a. The quorum of each House of Congress consists of the majority of the Members, but those who are abroad are excluded in the computation of the majority.187 b. The President of the Senate and the Speaker of the House shall be elected by a majority of all the Members of each House.188 c. Each House of Congress may suspend or expel a Member for disorderly behavior by the vote of two-thirds of all its Members.189 d. Congress by a vote of three-fourths of both Houses voting separately may declare the existence of a state of war.190 2. The following statement is incorrect: a. Congress may override the presidential veto of a bill by a two-thirds vote of all the Members of each House voting separately.191 b. A law granting a tax exemption must be approved by two-thirds majority of all the Members of Congress voting separately.192 c. Congress, voting jointly, may revoke the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus by the majority vote of all its Members.193 d.. To be valid, the concurrence of the Senate in the ratification of a treaty or international agreement must be by at least two-thirds majority of all its Members.194 3. The following statement is incorrect: a. The vote of at least one-third of all the Members of the House of Representatives is needed to initiate a case of impeachment.195 b. The concurrence of at least two-thirds of all the Members of the Senate is required to convict in a case of impeachment.196 c. The vote of three-fourths of all Members of Congress, voting jointly, is required to propose any amendment or revision of the Constitution.197 d. Congress may, by a vote of two-thirds of all its Members, voting separately, call a constitutional convention or by a majority of all its Members, voting separately, submit to the electorate the calling of a constitutional convention.198

185 186

Ibid Ibid 187 Avelino vs. Cuenco, 83 Phil. 17 188 Section 16, Article VI of the Constitution 189 Section 16 (3), Article I of the Constitution 190 Section 23 (1), Article I of the Constitution 191 Section 27 (1), Article VI of the Constitution 192 Section 28 (4), Article VI of the Constitution 193 Section 18, Article VII of the Constitution 194 Section 21, Article VII of the Constitution. 195 Section 3 (4), Article XI of the Constitution. 196 Section 3 (6), Article XI of the Constitution. 197 Section 1 (1), Article XVIII of the Constitution; Miller vs. Mardo, 2 SCRA 898. 198 Section 3, Article XVII Of the Constitution, Miller vs. Mardo, 2 SCRA 298

14

E. . 1.

Discipline of Members One of these statements is not correct: a. A Member of Congress may be suspended for delivering a privileged speech making unfounded imputations of bribery against the President.199 b. The disorderly behavior for which a Member of Congress may be disciplined need not be connected with the performance of his official duties.200 c. The act constituting disorderly behavior for which a Member of Congress was suspended cannot be reviewed by the Supreme Court.201 d. The Sandiganbayan cannot order the suspension of a Member of Congress who has a pending case before it for violation of the AntiGraft and Corrupt Practices Act.202

F. 1.

Electoral Tribunal One of the following statements is incorrect: a. If a losing candidate for Senator filed a protest against all winners, the Senators who are Members of the Senate Electoral Tribunal cannot be disqualified on the ground of bias.203 b. A political party can have the Member of the Electoral Tribunal belonging to it replaced at any time during the pendency of an electoral contest.204 c. The Electoral Tribunals have the power to promulgate rules of procedure, including the period for filing an election protest.205 d. The Supreme Court can review the decisions of the Electoral Tribunals.206

2.

One of the following statements is incorrect. a. The House of Representatives Electoral Tribunal has jurisdiction to decide whether the nominee of a party-list organization who has assumed office is a bona fide representative of the marginalized and unrepresented sectors.207 b. The Electoral Tribunals have no jurisdiction to decide whether the substitute for a candidate who withdrew complied with the statutory requirement that he belong to the same party.208 c. A losing candidate for Congress who claimed that the proclamation of the winning candidate was void because it was based on an incomplete canvass, must raise this issue in the Electoral Tribunal.209

199 200

Osmea vs. Pendatun, 109 Phil. 863 In re Chapman, 166 U.S. 661. 201 Osmea vs, Pendatun, 109 Phil. 863. 202 Santiago vs. Sandiganbayan, 356 SCRA 636. 203 Abbas vs. Commission on Elections, 166 SCRA 651 204 Bondoc vs. Pineda, 201 SCRA 792 205 Lazatin vs. House Electoral Tribunal, 168 SCRA 391 206 Lerias vs. House of Representatives Electoral Tribunal, 202 SCRA 808. 207 Abayon vs. House of Representatives Electoral Tribunal. 612 SCRA 375 208 Guerrero vs. Commission on Elections, 336 SCRA 458 209 Barbers vs. Commission on Elections, 460 SCRA 569

15

d. The Commission on Elections loses jurisdiction over a petition to disqualify a candidate for Congress once the candidate has been proclaimed as winner and has assumed office.210 G. 1. Commission on Appointments One of these statements is incorrect: a. The representatives of the political parties in the Commission on Appointments can be reorganized in case of a temporary alliance of some political parties.211 b. The representatives of political parties in the Commission on Appointments can be reorganized at any time that there is a permanent change in their political alignment.212 c. For a political party to be entitled to be represented in the Commission on Appointments, its incumbent Members of the House to which they belong should constitute at least one-twelfth of the entire composition of the House.213 d. In the allocation of the seats of political parties in the Commission on Appointments, fractional seats cannot be rounded off to a whole seat.214 H. Powers of Congress 1. The bill which need not originate exclusively from the House of Representatives is: a. b. c. d. An appropriation bill.215 A bill authorizing increase of the public debt.216 A bill of local application.217 A bill appropriating public funds to carry out its purpose.218

2. The bill which need not originate exclusively from the House of Representatives includes: a. b. c. d. A private bill.219 A bill authorizing a party to sue the State.220 A bill converting a municipality to a city.221 A bill providing for the registration of cellphones and imposing a registration fee.222

210 211

Limkaichong vs. Commission on Elections, 583 SCRA 18 Cunanan vs. Tan, 3 SCRA 1 212 Dayo vs. Singson, 180 SCRA 496 213 Coseteng vs. Mitra, 187 SCRA 371 214 Guingona vs. Gonzales, 214 SCRA 789 215 Section 24, Article VI of the Constitution 216 Ibid 217 Ibid 218 Association of Small Landowners of the Philippines, Inc. vs. Secretary of Agrarian Reforms, 175 SCRA 1343 219 Section 24, Article VI of the Constitution 220 Ibid 221 Ibid 222 United States vs. Norton, 91 U.S. 566

16

3. The power of the Senate to propose or concur with amendments in a revenue bill does not include: a. Filing simultaneously a similar bill.223 b. Proposing substantial amendments in the bill.224 c. Discarding the House bill upon its referral to the Senate and replacing it with a substitute bill.225 d. Increasing the share of local governments in national taxes.226 4. One of these statements is incorrect: a. Congress may increase the appropriations recommended by the President for the operation of the Government as specified in the budget.227 b. No provision shall be embraced in the general appropriations bill unless it relates specifically to a particular appropriation in it.228 c. Any provision in the general appropriations bill shall be limited in its operation to the appropriation to which it relates.229 d. The procedure in approving appropriation for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.230 5. One of these statements is incorrect: a. A special appropriations bill shall specify the purpose for which it is intended and shall be supported by funds actually available as certified by the National Treasurer or to be raised by a corresponding revenue proposal.231 No law shall be passed authorizing any transfer of appropriations.232 Discretionary funds may be disbursed at the discretion of the public officers to whom they were given.233 If by the end of a fiscal year Congress fails to pass the general appropriation bill for the ensuing fiscal year, the general appropriations bill shall be deemed re-enacted until a general appropriations bill is passed.234

b. c. d.

6. One of these statements is correct: a. A Member of Congress may be authorized to ask the President of the Senate or the Speaker of the House of Representative to realign the appropriation for the operational expenses of his office to another expense.235

223 224

Tolentino vs. Secretary of Finance, 235 SCRA 630 Tolentino vs. Secretary of Finance, 249 SCRA 628 225 Ibid 226 Province of Batangas vs. Romulo, 429 SCRA 81 227 Section 25 (1), Article VI of the Constitution 228 Section 25 (2), Article VI of the Constitution 229 Ibid 230 Section 25 (3), Article VI of the Constitution 231 Section 25 (4), Article VI of the Constitution 232 Section 25 (3), Article VI of the Constitution 233 Section 25 (6), Article VI of the Constitution 234 Section 25 (7), Article VI of the Constitution 235 Philippine Constitution Association vs. Enriquez, 235 SCRA 506.

17

b. The Chief of Staff may be authorized to augment an item from savings from other items.236 c. The Deputy Executive Secretary may be authorized to augment an item from savings from other items237 d. The Ombudsman may be authorized to augment an item from savings from other items238. 7 This provision which may not be included in the general appropriations bill is: a. A provision regulating the reversion to inactive status of officers in the Armed Forces of the Philippines.239 b. A provision prohibiting the President from restoring an item in the proposed budget which was abolished by Congress or from increasing an item in the proposed budget which was reduced by Congress.240 c. A provision prohibiting the use of the funds appropriated for payment of the national debt to pay for the debts of the Central Bank of the Philippines.241 d. A provision limiting to 30 percent of the appropriation for public works the amount to be contracted for maintenance of roads and bridges.242 8. This provision which may be included in the general appropriations act is: a. A provision repealing the Presidential Decrees automatically appropriating funds for payment of the national debt.243 b. A provision requiring the deactivation of the Civilian Armed Forces Geographical Unit.244 c. A provision requiring congressional approval for the release of funds for the modernization of the Armed Forces of the Philippines,245 d. A provision requiring compliance by the Armed Forces of the Philippines with the Generics Act in the purchase of medicines.246 9. One of these statements is incorrect: a. The Toll Regulatory Board cannot stipulate in a contract that it will pay a tollway operator the difference between its actual collections and the amount it should have been allowed to collect.247 b. The Presidential Decrees automatically appropriating funds to pay for the national debt were repealed by the Constitution.248 c. No public funds may be paid to any priest, preacher, minister or dignitary as such except when he is assigned to the Armed Forces
236 237

Ibid Sanchez vs. Commission on Audit, 552 SCRA 471. 238 Section 29 (5), Article VI of the Constitution 239 Garcia vs. Mata, 65 SCRA 520 240 Gonzales vs. Macaraig, 191 SCRA 452. 241 Philippine Constitution Association vs. Enriquez, 235 SCRA 506 242 Philippine Constitution Association vs. Enriquez, 235 SCRA 506 243 Philippine Constitution Association vs. Enriquez, 235 SCRA 506 244 Ibid 245 Philippine Constitution Association vs. Enriquez, 235 SCRA 506 246 Ibid 247 Francisco vs. Toll Regulatory Board, 633 SCRA 470 248 Guingona vs. Carague, 196 SCRA 221

18

of the Philippines, to any penal institution, to a government orphanage, or to a leprosarium.249 d. Public funds may be appropriated for a legitimate secular purpose even if it might incidentally benefit a religious sect.250 10. One of these statements is not correct: a. All money collected on any tax levied for a special purpose shall be treated as a special fund and shall be paid out for such purpose only.251 b. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance shall be refunded to the taxpayers.252 c. Public funds cannot be appropriated to build a road in a private subdivision.253 d. A tax cannot be levied to be used as capital contribution to a private corporation to enable it to pay its debts.254 11. The provision in a bill is not reflected in its title in the case of: a. A provision in an act to amend and compile the laws relating to lands of public domain referred to private lands.255 b. A provision in the act to provide means for increasing the highway special law granted a partial exemption.256 c. The provision repealing the franking privilege of the judiciary was not mentioned in the act creating the Philippine Postal Corporation.257 d. A provision in a law act to expand the scope of the value added tax repealed an exception from such tax.258 12. The provision in a bill is not reflected with title in the case of: a. A provision in an act amending the law creating the Government Services Insurance System granted retirement benefits to Members of Congress.259 b. A provision in the act which converted a municipality, which has a population of at least 250,000 into a city made it a new legislative district.260 c. A provision in the Organic Act for the Autonomous Region in Muslim Mindanao provided for reorganization of the other remaining regions.261 d. A provision in a law further defining the jurisdiction of the Sandiganbayan eliminated the requirement that ranking officers of

249 250

Section 29 (2), Article VI of the Constitution Aglipay vs. Ruiz, 64 Phil. 201 251 Section 29 (3), Article VI of the Constitution 252 Ibid 253 Pascual vs. Secretary of Public Works and Communications, 110 Phil. 331 254 Planters Products, Inc. vs. Fertiphil Corporation , 548 SCRA 485 255 Central Capiz vs. Ramirez, 40 Phil. 887 256 Insular Lumber Company vs. Court of Tax Appeals, 104 SCRA 710 257 Philippine Judges Association vs. Prado, 227 SCRA 703 258 Tolentino vs. Secretary of Finance, 235 SCRA630 259 Philippine Constitution Association, Inc. vs. Gimenez, 15 SCRA 479 260 Tobias vs. Abalos, 239 SCRA 106 261 Chiongbian vs. Orbos, 245 SCRA 253

19

the Philippine National Police be changed as principal to fall within its jurisdiction.262 13. The provision in a bill is not reflected in its title in the case: a. A provision in an act creating a municipality in a province included in its territory portions of municipalities in another province.263 b. A provision in an act providing for a general registration of voters provided that no election officer shall hold office in a particular city or municipality for more than four years.264 c. An act creating a city by merging the Municipalities of Bacon and Sorsogon did not provide for the abolition of the municipalities.265 d. A provision in the act providing for fair elections practices repealed the provision considering an elective official who runs for another office as resigned upon the filing of his certificate of candidacy.266 14. One of these statements is not correct: a. A law is not rendered invalid because in enacting it Congress disregarded its internal rules of procedure.267 b. Congress cannot suspend a rule of procedure if it will violate a constitutional provision.268 c. Congress cannot suspend a rule of procedure if it will violate the rights of private parties.269 d. The rules of procedure of Congress are judicially enforceable.270 15. One of these statements is not correct: a. An enrolled bill is conclusive upon the Judiciary because of separation of powers.271 b. If there was a mistake in printing a bill before it was certified by the officers of Congress and approved by the President, the Judiciary can correct the mistake.272 c. If the President of the Senate invalidated his signature on the enrolled bill because it was not the bill approved by Congress and the President withdrew his approval of the bill, the rule that an enrolled bill is conclusive upon the Judiciary is not applicable.273 d. The principle that an enrolled bill is conclusive upon the Judiciary is not applicable to a congressional proposal to amend the Constitution.274 16. One of these statements is not correct: a. The President can certify to the necessity of the immediate enactment of a bill to meet a public calamity or emergency.275
262 263

Lacson vs. Executive Secretary, 301 SCRA 298 Lidasan vs. Commission on Elections, 21 SCRA 2 264 De Guzman vs. Commission on Elections, 336 SCRA 188 265 Canoling vs. Commission on Elections, 368 SCRA 493 266 Farias vs. Executive Secretary, 417 SCRA 503 267 Arroyo vs. De Venecia, 277 SCRA 268 268 Ibid 269 Ibid 270 Ibid 271 United States vs. Pons, 34 Phil. 729 272 Morales vs. Subido, 27 SCRA 131 273 Astorga vs. Villegas, 56 SCRA 719 274 Gonzalez vs. Commission on Elections, 21 SCRA 774

20

b. The factual basis of the certification by the President is subject to judicial review in the absence of grave abuse of discretion.276 c. The certification by the President dispenses with the requirement that the three (3) readings be held on separate days and the printed copies of a bill in its final form be distributed to the Members of Congress three days before the third reading.277 d. The certification sent by the President to the Senate for the immediate enactment of the tax bill which originated from the House of Representatives, is not valid if it referred to the substitute bill in the Senate.278 17. One of these statements is not correct: a. The constitutional prohibition against the introduction of amendments to a bill upon the third reading does not extend to amendments by the Bicameral Conference Committee.279 b. An amendment to a bill on a matter which was not subject of any differences in the versions of the two Houses of Congress may be introduced by the Bicameral Conference Committee is valid.280 c. The Bicameral Conference Committee can reconcile differences in the bills approved by the Senate and the House of Representatives by substituting them with another bill so long as it is germane to the subject of the bills.281 d. The report of the Bicameral Conference Committee is not valid if it disregarded the internal rules of procedure of Congress.282 18. One of these statements is not correct: a. The Bicameral Conference Committee can reconcile the differences regarding the rate of a tax in the two versions of a bill by retaining the lower rate and providing for its increase to a higher rate upon fulfillment of certain conditions.283 b. The Bicameral Conference Committee cannot settle the differences in the provisions of two bills by eliminating both provisions in the final form of the bill.284 c. The Bicameral Conference Committee can reconcile the differences between a bill which placed a limitation on a tax credit and the other bill which did not place a limitation on the tax credit by reducing limitation on the tax credit.285 d. The Bicameral Conference Committee can settle the differences between two bills by adopting completely the provisions of either of them.286 19. A bill can become a law if: a. The President approved it.287
275 276

Section 26 (2), Article VI of the Constitution Tolentino vs. Secretary of Finance, 249 SCRA 628. 277 Tolentino vs. Secretary of Finance, 235 SCRA 630 278 Tolentino vs. Secretary of Finance, 249 SCRA 628 279 Tolentino vs. Secretary of Finance, 235 SCRA 630 280 Philippine Judges Association vs. Prado, 227 SCRA 703 281 Tolentino vs. Secretary of Finance, 235 SCRA 630. 282 Farias vs. Executive Secretary, 417 SCRA 563 283 Abakada Guro Party vs. Ermita, 469 SCRA 1 284 Ibid 285 Ibid 286 Ibid

21

b. The President vetoed it within thirty days after he received it.288 c. The President vetoed it and communicated his veto to the House from where it originated within thirty days after he received it.289 d. If the President vetoed it, but his veto was overridden by two-thirds vote of the Members of each House of Congress.290 20. The President can veto an item in a bill if it is: a. b. c. d. An appropriation bill.291 A revenue bill.292 A tariff bill.293 A bill authorizing an increase of the public debt.294

21. One of these statements is not correct: a. In a revenue bill, an item does not refer to an entire provision but to the subjects of the tax and the rate of the tax.295 b. The President cannot veto a part of an item in an appropriation bill and allow the item to remain.296 c. The President cannot veto a provision in the general appropriations act which is not a budgetary appropriation but is a policy matter.297 d. The President cannot veto a condition attached to an item in the general appropriations act which is germain to the item and allow the item to remain.298 22. One of these statements is not correct: a. b. c. d. The requirement of uniformity in taxation is similar to the guarantee of equal protection.299 Taxation is equitable when its burden falls on those better able to pay.300 Taxation is progressive when its rate goes higher depending on the resources of the person affected.301 Exempting the sale of agricultural products, food item, petroleum, medical and veterinary services, and the sale of real property for low-cost housing violates the requirement of uniformity in taxation.302

23. One of these statements is correct: a. The provision on a progressive system of taxation completely prohibits regressive taxes.303

287 288

Section 87 (1), Article VI of the Constitution Ibid 289 Ibid 290 Ibid 291 Section 29, Article VI of the Constitution 292 Ibid 293 Ibid 294 Ibid 295 Commissioner of Internal Revenue vs. Court of Tax Appeals, 185 SCRA 329 296 Bengzon vs. Drilon, 208 SCRA 133 297 Philippine Constitution Association vs. Enriquez, 235 SCRA 506 298 Ibid 299 Sison vs. Ancheta, 130 SCRA 654 300 Reyes vs. Almanzor, 176 SCRA 322 301 Ibid 302 Tolentino vs. Secretary of Finance, 249 SCRA 628 303 Tolentino vs. Secretary of Finance, 249 SCRA 630

22

b.

c. d.

Basing the income tax of salaried employees on gross income while maintaining the income tax on professionals and businessmen on net income violates the requirement of uniformity in taxation.304 An implementing regulation which classified certain cigarettes by name as bearing foreign brand names and subjected them to a higher tax violates the requirement of uniformity in taxation.305 Granting tax exemptions to investors in a special economic zone without granting them to retailers outside it violates the requirement of uniformity.306

24. One of these statements is incorrect: a. A law imposing a sixty-month period for claiming the input tax for the purpose of the value added tax on imported capital goods acquired for more than one million pesos does not violate the requirement of uniformity.307 A law subjecting payments by the government for taxable transactions to a five percent creditable withholding tax instead of value added tax does not violate the requirement of uniformity.308 A law which allows individual taxpayers to claim forty percent of their gross income as deduction for expenses while corporate taxpayers are allowed only to claim specified items as deductions does not violate the requirement of uniformity.309 A law which taxed existing brands of cigarettes on the basis of their net retail price on October 1, 1996 without a provision for adjustments despite increases in their net retail price afterwards and which taxed new brands on the basis of their net retail price at the time of their introduction violates the requirement of uniformity.310

b. c.

d.

25. One of these statements is not correct: a. Charitable institutions, churches and parsonages or convents appurtenant to them, mosques, non-profit cemeteries, and all lands, buildings, and improvements actually, directly, and exclusively used for religious, charitable or educational purposes are not exempt from income taxation.311 The exemption from taxation under Section 28 (3), Article VI of the Constitution is limited to real property tax.312 If the director of a school and his family are living in a portion of the school building it is not exempt from real property tax.313 Where sixty percent of the beds in a hospital are used for charity patients and the money from paying patients is donated to its charitable purpose but a portion of its building and the land on which the building stands are being leased for commercial

b. c. d.

304 305

Sison vs. Ancheta, 170 SCRA 654 Commissioner of Internal Revenue vs. Court of Appeals, 261 SCTA 236 306 Tiu vs. Court of Appeals, 301 SCRA 278 307 Abakada Guro Party List vs. Ereneta,469 SCRA 1 308 Ibid 309 Tan vs. Del Rosario, 237 SCRA 324 310 British American Tobacco vs. Camacho, 562 SCRA 511 311 Section 28 (3), Article VI of the Constitution 312 Commissioner of Internal Revenue vs. Court of Appeals, 298 SCRA 83 313 Abra Valley College, Inc. vs. Aguirre, 162 SCRA 106

23

purposes, the portions of the properties that are being leased are not exempt from real property tax.314 26. The power of Congress to conduct investigations in aid of legislation is not subject to one of the following limitations: a. b. c. d. The subject matter must be one on which Congress can legislate.315 The question is relevant to the subject matter under investigation316 Congress has already passed a law on the subject matter of the investigation.317 The rules of procedure must be duly published.318

27. The power of Congress to conduct investigations in aid of legislation is not subject to the following limitations: a. b. c. d. The rights of persons appearing in or affected by the investigation must be respected.319 The subject matter of the investigation is the subject matter of pending administrative or judicial action.320 The subject matter is covered by executive privilege.321 The President prohibited members of the Armed Forces of the Philippines from appearing in an investigation without prior presidential approval.322

28. One of these statements is not correct: a. b. c. d. Members of the Supreme Court are excluded from the scope of the power of legislative investigation.323 Because of the right to privacy, Congress cannot investigate a purely private affair.324 Congress cannot conduct an investigation that will violate the right against self-incrimination of the witness appearing before it.325 Congress cannot compel Members of the Cabinet to appear in an investigation in aid of legislation.326

29. In the exercise of its power to conduct investigations, Congress cannot investigate: a. b. Government contracts.327 The operations of the government328

314 315

Lung Center of the Philippines vs. Quezon City, 433 SCRA 119 Arnault vs. Nazareno, 87 Phil. 29 316 Ibid 317 Ibid 318 Garcillano vs. House of Representatives Committee on Public Information, 575 SCRA 170 319 Section 21, Article VI of the Constitution 320 Sabio vs. Gordon, 504 SCRA 456 321 Senate of the Philippines vs. Ermita, 488 SCRA 1 322 Guidani vs. Senga, 498 SCRA 671 323 Senate of the Philippines vs. Ereneta, 488 SCRA 1 324 Barenblatt vs. United States, 360 U.S. 109 325 Bengzon vs. Senate Blue Ribbon Committee, 203 SCRA 767 326 Senate of the Philippines vs. Ereneta, 488 SCRA 1 327 Arnault vs. Nazareno, 87 Phil. 29 328 Sabio vs. Gordon, 504 SCRA 456

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c. d.

Malfeasance by government officials to determine if they should be prosecuted.329 Sale of securities330

30. One of these statements regarding the requirement of publication of the rules of procedure regarding legislative investigations is correct: a. b. c. d. The rules of procedure must be published in each Congress unless they clearly state that they shall be effective in subsequent Congresses or until they are amended or repealed.331 The requirement of publication can be complied with by publishing the rules of procedure through the internet.332 Before the publication of the rules of procedure, only the proceedings that result in violation of the rights of witnesses are void.333 The requirement of publication of the rules is not complied with by publishing them in booklet form available to anyone for free.334

31. One of the statements regarding legislative investigations is not correct: a. b. c. d. A witness cannot invoke his right to privacy if he is being investigated about his acts in the performance of his duties as a public officer.335 A witness cannot invoke his right to privacy in an investigation regarding investments in securities.336 In an investigation in aid of legislation, a witness cannot invoke his right against self-incrimination until an incriminating question is asked.337 Congress can compel a Member of the Cabinet to appear in an investigation in the exercise of its oversight function.338

32. One of these statements regarding executive privilege is not correct: a. b. c. d. Executive privilege is the power of the President to withhold information from the public, the courts and Congress.339 The power to invoke executive privilege is limited to the President.340 Executive privilege includes presidential communication privilege and deliberative process privilege.341 Executive privilege cannot be invoked impliedly by the President.342

Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 564 SCRA 152 Standard Chartered Bank vs. Senate Committee on Banks, Financial Institutions and Currencies, 541 SCRA 456 331 Garcillano vs. House of Representatives Committee on Public Information,, 575 SCRA 170 332 Ibid 333 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 564 SCRA 152 334 Garcillano vs. House of Representatives Committee on Public Information, 575 SCRA 170 335 Sabio vs. Gordon, 504 SCRA 704 336 Standard Chartered Bank vs. Senate Committee on Banks, Financial Institutions and Currencies, 541 SCRA 546 337 Sabio vs. Gordon, 504 SCRA 704. 338 Senate of the Philippines vs. Ermita, 488 SCRA 1 339 Senate of the Philippines vs. Ermita, 488 SCRA 1 340 Ibid 341 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 549 SCRA 77 342 Senate of the Philippines vs. Ermita, 488 SCRA 1
330

329

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33. One of these statements is not correct: a. Presidential communications privilege pertains to communications, documents or other materials which reflect presidential decision-making and deliberations and what the President believes should remain confidential. Deliberative process privilege includes advisory opinions, recommendations, and deliberations comprising part of a process by which governmental decisions and policies are formulated.343 Presidential communications privilege applies to decision-making of the President. Deliberative process privilege applies to decision-making of executive officials.344 Both presidential communications privilege and deliberative process privilege are based on separation of powers.345 Unlike the deliberative process privilege, presidential communications privilege applies to documents in their entirety, and covers final and post-decisional materials, as well as predeliberative ones.346

b. c. d.

34. The following are the elements of presidential communications privilege: a. b. c. d. The communications relate to a quintessential and non-delegable power of the President.347 The communications are received by a close adviser of the President or the President.348 There is no adequate showing of a compelling need that will justify limitation of the privilege and of the unavailability of the information elsewhere by an appropriate investigating authority.349 The communications are not sought in aid of legislation.350

35. One of these statements is not correct: a. Legislative investigations involve the right of the people to information, because it gives them access to information on matters of public concern which they can use to formulate their opinions on those matters and to communicate them to Congress and other government officials.351 The right of the people to information is limited by executive privilege.352 The right of the public to information is broader than the right of Congress to information in the exercise of its power of investigation.353 When Congress seeks information from heads regarding matters pertaining to their departments, it is exercising its oversight function.354

b. c. d.

343 344

Neri vs. Senate Committee on Accountability of Officers and Investigations, 549 SCRA 77 Ibid 345 Ibid 346 Ibid 347 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 549 SCRA 77. 348 Ibid 349 Ibid 350 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 564 SCRA 152 351 Senate of the Philippines vs. Ermita, 488 SCRA 1 352 Ibid 353 Ibid 354 Ibid

26

36. One of these statements regarding the oversight power of Congress is not correct: a. b. c. d. IV. In the exercise of legislative scrutiny, Congress may request information from other branches of government to determine the economy and efficiency of their operations.355 Investigation implies investigation and monitoring of the implementation of laws pursuant to the power to conduct inquiries in aid of legislation.356 Supervision involves continuing and informed awareness on the part of Congress of executive operations, and allows scrutiny of the exercise of the delegated powers.357 A law giving Congress the power to approve or disapprove regulations is valid.358

Executive Department A. 1. Presidential Immunity One of these statements is not correct: a. b. c. d. A party cannot prevent the President from prosecuting him by invoking the presidential immunity from suit, because only the President can invoke it.359 A Member of the Cabinet who was sued cannot invoke the presidential immunity from suit.360 The presidential immunity from suit is concurrent with the term of office of the President.361 Presidential immunity from suit does not prevent the prosecution of the President for criminal acts he committed during his incumbency.362

B. 1.

Executive Powers of the President One of these statements is not correct: a. b. c. d. A law granting the Department of Justice power to grant immunity from prosecution to a person who will be used as a state witness is valid.363 The powers of the President are not limited to the specific powers enumerated in the Constitution.364 The President has unstated residual powers which are implied from the grant of executive power and which are necessary for compliance with the constitutional duties of the President.365 The President can issue an Executive Order authorizing the Commission on Higher Education to supervise review centers.366

355 356

Beltran vs. Makasiar, 167 SCRA 393 Gloria vs. Court of Appeals, 338 SCRA 5 357 Estrada vs. Desierto, 356 SCRA 108 358 Ibid 359 Beltran vs. Malcasiar, 167 SCRA 393 360 Gloria vs. Court of Appeals, 338 SCRA 5 361 Estrada vs. Desierto, 356 SCRA 108 362 Estrada vs. Desierto, 353 SCRA 452 363 Webb vs. de Leon, 247 SCRA 652 364 Marcos vs. Manglapus, 177 SCRA 668 365 Marcos vs. Manglapus, 178 SCRA 760

27

C. Prohibitions and Disqualifications 1. One of these statements is not correct: a. b. c. d. A law increasing the salary of the President does not take effect until after the term of the incumbent President.367 A law decreasing the salary of the President shall not take effect until after the term of office of the incumbent President.368 The President cannot receive any other emoluments from the government or any other source during his term.369 The President, the Vice President, the Members of the Cabinet and their deputies and assistants cannot directly or indirectly practice any other profession during their terms.370

2.

One of these statements is not correct: a. b. c. d. The President, the Vice President, the Members of the Cabinet, and their deputies and assistants can hold another office if it is authorized by the Constitution.371 The President, the Vice President, the Members of the Cabinet, and their deputies and assistants can hold another office if it is being held in an ex officio capacity.372 The President, the Vice President, the Members of the Cabinet, and their Deputies and assistants cannot hold another office even if there is no compensation attached to the office.373 The President, the Vice President, the Members of the Cabinet, and their deputies and assistants can hold another office if it is authorized by law.374

3.

One of these statements is incorrect: a. An undersecretary cannot be temporarily designated as head of another office.375 b. The President, the Vice President, the Members of the Cabinet, and their deputies and assistants cannot directly or indirectly practice any other profession during their tenure.376 c. The President, the Vice President, the Members of the Cabinet, and their deputies and assistants can participate in any business during their tenure if there is no conflict of interest. .377 d. The President, the Vice President, the Members of the Cabinet, and their deputies and assistants cannot be financially interested in any contract with, any franchise, or special privilege granted by the Government or any subdivision agency or instrumentality of it,

366 367

Review Center Association of the Philippines vs. Ermita, 583 SCRA 428 Section 6, Article VII of the Constitution 368 Ibid 369 Ibid 370 Section 13, Article VII of the Constitution 371 Section 13, Article VII of the Constitution 372 Civil Liberties Union vs. Education Secretary, 194 SCRA 317 373 Laurel vs. Desierto, 381 SCRA 486 374 Civil Liberties Union vs. Executive Secretary, 194 SCRA 317 375 Puno vs. Ermita, 612 SCRA 308 376 Section 13, Article VII of the Constitution 377 Ibid

28

including government-owned or controlled corporations or their subsidiaries.378 D. 1. Power of Appointment One of these statements is incorrect: a. The power of appointment is inherently executive.379 b. The President can delegate the power of appointment to a Member of the Cabinet.380 c. A law which creates a board and makes certain officials members of it is valid, because this is a case of designation and not appointment.381 d. A law which specifies the person to be appointed by the President to a public office is void.382 2. A President can appoint his relatives within the fourth degree of affinity or consanguinity as: a. b. c. d. 3. Member of a Constitutional Commission383 Ombudsman384 Secretary of a Department385 Political ambassador386

One of this is not a limitation on the power of appointment of the President: a. The President cannot appoint a relative by consanguinity or affinity within the fourth degree as chairman or head of bureau or office,387 b. The President cannot appoint a relative by consanguinity or affinity within the fourth degree as chairman or head of government-owned or controlled corporations and their subsidiaries.388 c. No member or the Armed Forces of the Philippines in the active service can be appointed to a civilian position, including government-owned or controlled corporations or their subsidiaries.389 d. The President cannot appoint a relative by consanguinity or affinity within the fourth degree as a member of the Judiciary.390

4.

One of these statements is not correct: a. Appointments extended by an acting President cannot be revoked by the elected President.391

378 379

Ibid Springer vs. Government of the Philippine Islands, 271 U.S. 187 380 Binamira vs. Garrucho, 188 SCRA 154 381 Rafael vs. Embroidery and Apparel Cultural Board, 21 SCRA 336. 382 Flores vs. Drilon , 223 SCRA 568 383 Section 13, Article VII of the Constitution 384 Ibid 385 Ibid 386 Ibid 387 Section13, Article VII of the Constitution. 388 Ibid 389 Section 5, (4), Article XVI of the Constitution 390 Section 13 Article VII of the Constitution 391 Section 14, Article VII of the Constitution

29

b. Two months immediately before the next presidential election and up to the end his term, the President cannot make appointments, except temporary appointments to executive positions when continued vacancies will prejudice public service or endanger public safety.392 c. Two months immediately before the next election and up to the end of his term, the President cannot appoint judges of the Regional Trial Court.393 d. The President can appoint Justices of the Supreme Court up to the end of his term.394 5. One of these statements is not correct: a. Only the officers mentioned in the first section of Section 16, Article VII of the Constitution are required to be confirmed by the Commission on Appointments.395 b. A law cannot expand the list of the officers required by the Constitution to be confirmed by the Commission on Appointments.396 c. The President cannot appoint a Secretary of a Department in an acting capacity when Congress is in session.397 d. An ad-interim appointment which is subject to confirmation by the Commission on Appointments made when Congress is not in session is a permanent appointment.398 6. One of these statements is incorrect: a. An ad interim appointment which is subject of confirmation by the Commission on Appointments will cease to be effective upon its disapproval by the Commission on Appointments or upon the next adjournment of Congress.399 b. An appointment is not complete and can be withdrawn unless it has been accepted.400 c. A law authorizing the remaining members of the board of a public corporation to fill any vacancy in the board is valid.401 d. If the method for appointing a public officer is unconstitutional, this will be considered as a case of an officer whose appointment is not provided for by law.402 E. 1. Power of Control of the Executive Department One of these statements is not correct: a. The power of control means the power of the President to alter or modify or nullify or set aside what a subordinate officer had done in

392 393

Section 15, Article VII of the Constitution In re Appointment of Valenzuela, 298 SCRA 488 394 De Castro vs. Judicial and Bar Council, 618 SCRA 639 395 Sarmiento vs. Mison, 156 SCRA 549 396 Calderon vs. Carale, 208 SCRA 254 397 Pimentel vs. Ereneta, 471 SCRA 582 398 Matibag vs. Benipayo, 380 SCRA 49 399 Section 16, Article VII of the Constitution 400 Javier vs. Reyes, 170 SCRA 360 401 Rufino vs. Endrigo, 496 SCRA 13 402 Ibid

30

the performance of his duties and to substitute the judgment of the former for that of the later.403 b. Pursuant to the doctrine of political agency, the President can delegate his multifarious executive and administrative functions except when he is required by the Constitution, by law or the exigencies of the situation to act personally, to Members of the Cabinet and their acts in the regular course of business are presumptively acts of the President unless disapproved by him.404 c. By virtue of his power of control, the President can remove an officer who belongs to the civil service as a penalty in an administrative case filed against the officer.405 d. By virtue of the power of control of the President, if a function is entrusted by law to a subordinate of the President, the President may directly perform the function.406 2. The power of the President which can be delegated is one of the following: a. b. c. d. 3. The power to suspend the privilege of the writ of habeas corpus.407 The power to proclaim martial law.408 The power of executive clemency.409 The power to sign any foreign loan agreement.410

One of these statements is not correct: a. b. c. Because of the power of control of the President, the decision of a Member of the Cabinet can be appealed to the President.411 The President cannot motu proprio review the decision of a Member of a Cabinet.412 The right to appeal to the President from the decision of a subordinate officer may be limited by the Constitution, by law, by rules of procedure issued by the Supreme Court, or by an executive order.413 A law which makes the decision of an administrative agency in the exercise of its quasi-judicial powers appealable directly to the Judiciary while the administrative agency remains subject to the control of the President in the performance of its administrative function is valid.414

d.

4.

One of these statements is not correct: a. b. Because of his power of control, the President can reverse the decisions of a government-owned or controlled corporation.415 The President cannot make the productivity incentive benefit of employees in the Executive Department uniform, because it will

403 404

Carpio vs. Executive Secretary, 206 SCTA 290 Ibid 405 Ang-Angco vs. Castillo, 9 SCRA 619 406 Chavez vs. Romulo, 431 SCRA 534 407 Villena vs. Secretary of the Interior, 67 Phil. 451 408 Ibid. 409 Ibid 410 Constantino vs. Cuisia, 472 SCRA 505 411 Orosa vs. Roa, 495 SCRA 22 412 Oliveros-Torre vs. Bayot, 58 SCRA 272 413 Phillips Seafood (Philippines) Corporation vs. Board of Investments, 578 SCRA 69 414 Cruz vs, Secretary of Environment and Natural Resources, 347 SCRA 128 415 National Marketing Corporation vs. Arca, 29 SCRA 648

31

c. d.

encroach upon the authority of the Civil Service Commission to grant benefits to government employees.416 Because of the power of control of the President, the legal requirement that prosecutors to be appointed be recommended by the Secretary of Justice is not obligatory.417 Because of his power of control, the President can order the Executive Department to adopt a unified identification card system to facilitate transactions with the government.418

F. 1.

Power of Supervision over Local Government Units One of the statements is not correct: a. b. c. d. The power of supervision means overseeing or the power or authority of an officer to see that subordinate officers perform their duties.419 The President can be authorized by law to investigate administrative cases against local elective officials and to impose penalties upon them.420 The Secretary of Justice can be authorized by law to review the constitutionality or legality of tax ordinances.421 The Secretary of Budget and Management can issue a regulation limiting the amount of allowances which local government units can grant to judges.422

G. Emergency Powers 1. One of these statements is not correct: The President can order the Armed Forces of the Philippines to conduct patrols because of the high incidences of violent crimes.423 b. The President can proclaim the existence of a state of rebellion on the basis of his powers as chief executive and commander-in-chief of the Armed Forces of the Philippines.424 c. A proclamation of a state of rebellion is required before the President can call out the Armed Forces of the Philippines to suppress the rebellion.425 d. When a state of rebellion has been proclaimed, the President cannot order warrantless orders of persons except in the circumstances authorized by the Revised Rules on Criminal Procedure.426 2. One of these statements is not correct when the President has proclaimed a state of national emergency: a.

Blaquera vs. Alcala, 295 SCRA 366 Bermudez vs. Torres, 311 SCRA 733 418 Kilusang Mayo Uno, vs. Director-General of the National Economic Development Authority, 487 SCRA 623 419 Ganzon vs. Court of Appeals, 200 SCRA 221 420 Ibid 421 Drilon vs. Lim, 235 SCRA 135 422 Dadole vs. Commission on Audit, 393 SCRA 262 423 Integrated Bar of the Philippines vs. Zamora, 338 SCRA 81 424 Sanlakas vs. Executive Secretary, 421 SCRA 656 425 Ibid 426 Lacson vs. Perez, 357 SCRA 756
417

416

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a. The President is not authorized to legislate.427 b. The President can call out the Armed Forces of the Philippines to enforce all laws.428 c. The President cannot prohibit all public assemblies.429 d. The members of the Armed Forces of the Philippines and the Philippine National Police are not authorized to break into offices and residences.430 3 One of these statements is incorrect: a. The two conditions for the suspension of the privilege of writ of habeas corpus and the proclamation of martial law are that there is an invasion or rebellion and public safety requires it.431 b. The President cannot suspend the privilege of the writ of habeas corpus or proclaim martial law in case of imminent danger of invasion or rebellion.432 c. The suspension of the privilege of the writ of habeas corpus applies only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.433 d. During the suspension of the privilege of the writ of habeas corpus, any person arrested or detained must be judicially charged within thirty days, otherwise, he shall be released.434 4. One of these statements is not correct: a. The duration of the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law shall not exceed thirty (30) days.435 b. Upon request of the President, by a majority vote of all the Members of Congress voting jointly, Congress can extend the duration of the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law if the invasion or rebellion persists and public safety requires it.436 c. By a majority vote of all the Members of Congress voting jointly, Congress may revoke the suspension of the privilege of the writ of habeas corpus or proclamation of martial law.437 d. The Supreme Court may review the sufficiency of the factual basis of the suspension of the privilege of the writ of habeas corpus or the proclamation of martial law.438 5. One of these is not a consequence of the proclamation of martial law: a. The operation of the Constitution is not suspended.439

427 428

David vs. Arroyo, 489 SCRA 12 Ibid 429 Ibid 430 Ibid 431 Section 18, Article VII of the Constitution 432 Ibid 433 Ibid 434 Ibid 435 Section 19, Article VII of the Constitution 436 Ibid 437 Ibid 438 Ibid 439 Section 18, Article VII of the Constitution

33

b. The functioning of Congress is not supplanted, and the President cannot legislate.440 c. Military courts cannot exercise jurisdiction over civilians if the civil courts are able to function.441 d. The privilege of the writ of habeas corpus is automatically suspended when martial law is declared.442 G. Executive Clemency 1. One of these statements is not correct: a. A pardon can be granted only after conviction by final judgment.443 b. An amnesty requires the concurrence of a majority of all the Members of Congress.444 c. A pardon cannot be granted in cases of impeachment.445 d. A pardon, an amnesty, or a suspension of sentence can be granted in election cases without the favorable recommendation of the Commission on Elections.446 2. One of these statements is not correct: a. A pardon is an act of grace, proceeding from the power of the President, which exempts the individual on whom it is bestowed, from the punishment the law inflicts for a crime he committed.447 b. Delivery is essential to the validity of a pardon.448 c. A pardon cannot be granted if the convict has fully served his sentence.449 d. A conditional pardon has no force until it is accepted by the convict.450 3. One of these statements is not correct: a. An absolute pardon must be accepted by the convict, since it might expose him to greater disgrace because of the implied acceptance of guilt.451 b. The absolute pardon granted to an assistant treasurer convicted of estafa through falsification of a public document does not entitle her to reinstatement to her former office and payment of back wages.452 c. A convict granted a pardon on condition that he would not again violate any penal law of the Philippines cannot be declared to have violated the condition in the absence of a judgment by final conviction for a new offense.453

440 441

Ibid Ibid 442 Ibid 443 People vs. Bacang, 260 SCRA 44 444 Section 19, Article VII of the Constitution 445 Ibid 446 Section 5, Article 5, Article IX-C of the Constitution 447 De Leon vs. Director of Prisons, 31 Phil. 60 448 Ibid 449 Cristobal vs. Labrador, 71 Phil. 34 450 Cabantog vs. Wolfe, 6 Phil. 273 451 Burdick vs. United States, 236 U.S. 79 452 Monsanto vs. Factoran, 170 SCRA 190 453 Torres vs. Gonzales, 152 SCRA 272

34

d. The determination by the President that a convict violated the condition of his pardon is not subject to judicial review.454 4. One of these statements is not correct: a. The President need not hold a hearing before determining that a convict violated the condition of his pardon.455 b. The President cannot pardon a provincial governor who was found guilty in an administrative case.456 c. The President cannot pardon a judge who was found guilty by the Supreme Court in an administrative case.457 d. The President can pardon a criminal contempt of court.458 5. One of these statements is not correct: a. The President cannot pardon a civil contempt for it involves an order necessary to secure the rights of an injured litigant.459 b. Reprieve is the postponement of the execution of a judgment.460 c. Commutation is a remission of a part of the punishment and a substitution of a lesser penalty for the one originally imposed.461 d. Acceptance by the convict is required for validity of commutation.462 6. One of these statements is not correct. a. Commutation need not be in a specific form.463 b. The President cannot remit fines and forfeiture which have been paid into the treasury, as funds cannot be paid out of the treasury without an appropriation by Congress.464 c. Amnesty is a pardon granted by the government to a group or class of person, usually for a political offense.465 d. A person who applies for amnesty is not deemed to have admitted his guilt.466 7. One of these statements is not correct: a. Pardon is given to individual persons, while amnesty is given to a class of persons.467 b. Pardon can be granted to all classes of offenses, while amnesty is granted for political offenses.468 c. Pardon is granted by the President; a proclamation of amnesty by the President requires the concurrence of Congress.469
454 455

Ibid Torres vs. Gonzales, 152 SCRA 272 456 Llamas vs. Orbos, 202 SCRA 844 457 In re Romillo, Jr., G.R. No. 97091, December 9, 1997 458 Ex Parte Grossman, 267 U.S. 86 459 Ex Parte Grossman, 267 U.S. 86 460 Director of Prisons vs. Judge of First Instance of Courts, 29 Phil. 265 461 People vs. Vera, 65 Phil. 56 462 Cabantog vs. Wolfe, 6 Phil 273 463 Drilon vs. Court of Appeals, 202 SCRA 378 464 Tanada and Carreon, Political Law of the Philippines, Vol. 1, p. 334 465 Blacks Law Dictionary, 9th ed., p. 98 466 People vs. Salig, 133 SCRA 591 467 People vs. Casido, 269 SCRA 360 468 Ibid 469 Ibid

35

d. Courts should amnesties.470 8.

take

judicial

notice

of

both

pardons

and

One of these statements is not correct: a. Pardon may be granted only after conviction by final judgment; amnesty may be granted before the institution of criminal prosecution and even after conviction by final judgment.471 b. Pardon looks forward and relieves the offender from the consequences of an offense; amnesty looks backward as though the offender did not commit an offense.472 c. Pardon does not restore the right to hold public office and the right to vote unless they are expressly restored by the pardon.473 d. Pardon exempts the convict from payment of the civil indemnity imposed upon him in the decision.474

H. 1.

Diplomatic Powers One of these statements Is not correct: a. The power to negotiate treaties is vested directly and exclusively upon the President.475 b. The President has the prerogative to determine that it is in the best interest of the country to waive claims of Filipino citizens for war reparations against a foreign country.476 c. A loan agreement entered into pursuant to an exchange of notes between the Philippines and a foreign country is an executive agreement, because it forms part of the exchange of notes.477 d. The President can enter into an executive agreement involving a transaction which is prohibited by law.478

2.

One of these statements is not correct: a. An executive agreement is valid even without the concurrence of the Senate.479 b. It is obligatory for the President to submit a treaty which has been acceded by the Philippines to the Senate for concurrence in its ratification.480 c. The Senate may concur in the ratification of a treaty, refuse to concur in its ratification, or make the concurrence conditional upon adoption of amendments to the treaty.481 d. In case of conflict between a treaty and a law, the last expression of the sovereign will must control.482

V.
470 471

Judicial Department

Ibid People vs. Casido, 269 SCRA 360 472 Ibid 473 Ibid 474 Ibid 475 Akbayan Citizens Action Party vs. Aquino, 558 SCRA 468. 476 Vinuya vs. Romulo, 619 SCRA 533 477 Abaya vs. Ebdane, 515 SCRA 720 478 Gonzales vs. Hechanova, 9 SCRA 230 479 Commissioner of Internal Revenue vs. John Gotamco & Sons, Inc., 148 SCRA 36 480 Pimentel vs. Office of the Executive Secretary, 462 SCRA 622 481 The Diamond Rings, 183 U,.S. 176 482 Chae Chan Ping, 130 U.S. 581

36

A. 1.

Judicial Power One of these statements is not correct: a. Judicial power is the authority to resolve justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for violation of such rights.483 b. The President cannot review the correctness of the decisions of the Supreme Court.484 c. The Supreme Court can be asked to decide whether a bill pending in Congress is unconstitutional.485 d. When the Supreme Court restrains the execution of a final judgment of conviction, it is not encroaching upon the presidential power to grant reprieves, because it has power to control the execution of the decision.486

B. 1.

Judicial Review One of these statements is not correct: a. Judicial review is the power of a court to review the actions of other branches or levels of government, especially its power to invalidate legislative and executive actions as being unconstitutional.487 b. By judicial supremacy, the Judiciary does not assert superiority over the other departments and does not really invalidate the act of the other departments but only asserts the obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which the Constitution guarantees to them.488 c. The Regional Trial Court cannot declare a law unconstitutional. 489 d. Judicial self-restraint means that a judge, in applying constitutional limitations, must restrain himself and leave maximum of freedom to those agencies of the government whose action he is called upon to review.490

2.

One of these statements regarding the requirements of judicial review is not correct: a. There must be an actual controversy calling for the exercise of judicial power.491 b. The question of constitutionality must be raised by the proper party.492 c. The constitutional question must be raised at the earliest opportunity.493 d. It need not be necessary for the determination of the case.494

483 484

Lopez vs. Roxas, 17 SCRA 756 Maglasang vs. People, 190 SCRA 306 485 Montesclaros vs. Commission on Elections, 384 SCRA 269 486 Echegaray vs. Secretary of Justice, 301 SCRA 96 487 Blacks Law Dictionary, 9th ed., p 924 488 Angara vs. Electoral Commission, 63 Phil, 139 489 Planters Products, Inc. vs. Fertiphil Corporation, 548 SCRA 485 490 Schwartz, A History of the Supreme Court, p. 94 491 Dumlao vs. Commission on Elections, 955 SCRA 392
492 493

37

3.

One of these statements regarding the existence of an actual controversy is not correct: a. There is no actual controversy regarding the power given to the Secretary of Education by Act No. 2700 to revoke the permits of schools when he has not revoked or threatened to revoke the permit of any school.495 b. There is no actual controversy involving the provision in the Organic Act for the Autonomous Region in Muslim Mindanao which provided that in case of conflict between national law and Muslim law, the former shall prevail.496 c. There is no actual controversy involving the provision in the Urban Development and Housing Act, which requires providing squatters with a relocation site, before their eviction, if no such assertion has been made by a squatter who was being evicted.497 d. There is no actual controversy involving invocation of the executive privilege by the President in an investigation of Members of the Cabinet, if they had refused to testify in the absence of any consent form the President.498

4.

One of these statements regarding the existence of an actual controversy Is not correct: a. Whether the municipal mayor who has served for two consecutive terms can run for three consecutive terms as city mayor upon the conversion of the municipality to a city during his second term cannot be resolved until he actually runs.499 b. A resolution approved by the House of Representatives calling upon the Members of Congress to convene to propose amendments or revisions to the Constitution cannot be questioned, if Congress has not yet convened and proposed amendments or revisions to the Constitution.500 c. Parties who have not been prosecuted or threatened to be prosecuted for violation of the Human Security Act cannot question its constitutionality.501 d. The question of the validity of the approval of the assignment of a franchise by the President and its modification by the Toll Regulatory Board instead of Congress does not present an actual controversy.502

5.

One of these statements regarding the ripeness of an issue for adjudication is not correct: a. Ripeness centers on the question of whether a case involves uncertain contingent events that may not occur as anticipated or may not occur at all.503

494 495 496

Philippine Association of Colleges and Universities vs. Secretary of Education, 97 Phil. 806 Abbas vs. Commission on Elections, 179 SCRA 282 497 Macasiano vs. National Housing Authority, 224 SCRA 236 498 Senate of the Philippines vs. Ereneta, 488 SCRA 1 499 Mariano vs. Commission on Elections, 242 SCRA 211 500 Lozano vs. Nograles, 589 SCRA 356 501 Southern Hemisphere Networks, Inc. vs. Anti-Terrorism Council, 632 SCRA 146 502 Francisco vs. Toll Regulatory Board, 633 SCRA 470 503 Lozano vs. Nograles, 582 SCRA 356

38

b. The aspect of ripeness involves the fitness of the issues for judicial decision and the hardship to the parties entailed by withholding court consideration.504 c. For a case to be considered ripe for adjudication, something must have been performed by a branch of the government and the plaintiff must allege there is an immediate or threatened injury to the plaintiff as a result of the challenged action.505 d. The validity of the unsigned memorandum of Agreement between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front was not yet ripe for adjudication despite the allegations that it seriously violated the Constitution.506 6. One of these statements regarding locus standing is not correct: a. Locus standl is peculiar to cases involving constitutional law, in which parties who are not real parties in interest but are citizens, taxpayers, or voters are authorized to sue in the public interest.507 b. The following are determinants of the transcendental importance of a case: (1) the character of the funds or other assets involved in the case; (2) the presence of a clear case of disregard of a constitutional or statutory prohibition by an agency or instrumentality of the government; and (3) the lack of any other party with a more direct and specific interest in the question being raised.508 c. A taxpayers suit is different from a citizens suit. In the former, the plaintiff is concerned with the expenditure of public funds, while in the latter the plaintiff is an instrument of public concern to see that a public offense be pursued and punished and a public grievance be remedied.509 d. It is obligatory for the court to entertain a taxpayers suit.510 7. One of these statements regarding taxpayers suits is not correct: a. A taxpayers suit can be filed if it is claimed that public funds are being illegally disbursed, or that public funds are being deflected to any improper purpose, or that public funds are being wasted through the enforcement of an unconstitutional law.511 b. A taxpayer can question the validity of a government contract even if he is not a party to it if public funds are being disbursed for it.512 c. A taxpayers suit cannot be filed to question the constitutionality of a law if its enforcement does not involve the expenditure of public funds.513 d. A citizen cannot file an action questioning the validity of a contract for the operation of a containers terminal if it does not involve the expenditure of public funds even if it involves public interest
Ibid Province of North Cotabato vs. Government of the Republic of the Philippines Peace Panel on Ancestral Domain, 568 SCRA 402 506 Ibid 507 Kilosbayan, Inc. vs. Morato, 246 SCRA 540 508 Chamber of Real Estate and Builders Association, Inc. vs. Energy Regulatory Commission, 624 SCRA 556 509 David vs. Macapagal-Arroyo, 489 SCRA 160 510 Republic vs. Nolasco, 462 SCRA 400 511 Mamba vs. Lara, 608 SCRA 149 512 Ibid 513 Telecommunications Broadcast Attorneys of the Philippines, Inc. vs. Commission on Elections, 289 SCRA 337
505 504

39

because of its importance in economic development and the magnitude of the financial consideration.514 8. One of these statements is not correct: a. A citizen can question the validity of a compromise involving an action for recovery of the ill-gotten wealth of a public officer, because it involves a public right.515 b. A voter can question the conduct of a special election for Senators, because it involves the right of suffrage.516 c. A voter cannot question a law requiring the media to give free time for political advertisements during the election period, because it does not concern the right of suffrage.517 d. A Filipino artist can question the proposed sale of the government of paintings by foreign masters acquired as ill-gotten wealth by a public officer.518 9. One of these statements is not correct: a. An association organized to protect the rights and interests of the members cannot question the constitutionality of a law affecting its members, because there is no fusion between the identities of the association and of its members.519 b. A citizen can question the constitutionality of a law involving the natural resources of the Philippines, because they are the national patrimony of the Filipinos.520 c. Members of Congress can question the constitutionality of executive action which encroaches upon their powers.521 d. Members of Congress can question the validity of a presidential veto of the General Appropriations Act.522 10. One of these statements is not correct: a. Senators can question an executive order which limits their power to conduct legislative investigations.523 b. A Senator can question the constitutionality of an executive order on the ground that its subject should be the subject of legislation.524 c. A Senator can question the operations of jai alai games by the Philippine Amusement and Gaming Corporation on the ground that it is not authorized by its franchise and should obtain a legislative franchise.525 d. A Senator who is a Member of the Commission on Appointments can question its composition on the ground that representation of the House of Representatives was not proportional.526
Albano vs. Reyes, 175 SCRA 264 Chavez vs. Presidential Commission on Good Government, 299 SCRA 744 516 Tolentino vs. Commission on Elections, 420 SCRTA 438 517 Telecommunication and Broadcast Attorneys of the Philippines, Inc. vs. Commission on Elections, 289 SCRA 337 518 Joya vs. Presidential Commission on Good Government, 225 SCRA 568 519 Pharmaceutical and Health Care Association of the Philippines vs. Duque, 535 SCRA 265 520 Cruz vs. Secretary of Environment and Natural Resources, 347 SCRA 128 521 Philippine Constitution Association vs. Enriquez, 238 SCRA 506 522 Ibid 523 Senate of the Philippines vs. Ermita, 488 SCRA 1 524 Ople vs. Torres, 223 SCRA 141 525 Jaworski vs. Philippine Amusement and Gaming Corporation, 419 SCRA 317 526 Drilon vs. De Venecia, 594 SCRA 749
515 514

40

11. One of these statements is not correct: a. A Senator can file a case to determine whether the Office of the President can be compelled to submit a treaty signed by the Philippines to the Senate for concurrence in its ratification.527 b. A Congressman can join in the above-mentioned case as petitioner.528 c. Only a member of the Commission on Appointments can question the validity of the temporary appointment of a Member of the Cabinet while Congress is in session.529 d. The requirement of locus standi is merely a procedural issue and can be dispensed with by the court.530 12. One of these statements is not correct: a. By failing to question the constitutionality of the constitution of the Presidential Electoral Tribunal when he handled a case before it, and raised the issue in a subsequent case, a lawyer failed to raise the constitutional issue at the earliest opportunity.531 b. The fact that the constitutionality of the ad interim appointment of the Chairman of the Commission on Elections was questioned only after it was renewed for the second time because he was bypassed twice does not violate the rule that this issue should be raised at the earliest opportunity, because it refers to the filing of pleadings.532 c. The fact that the validity of a mining contract was not questioned immediately after its signing does not violate the rule that it should be raised at the earliest opportunity.533 d. A question of constitutionality of the Ombudsman Act cannot be raised for the first time on appeal to the Court of Appeals if it was not raised before the Office of the Ombudsman.534 13. One of these is not a ground for deciding a case on the merits even if it has become moot: a. There is a grave violation of the Constitution.535 b. The character of the situation is exceptional and paramount public interest is involved.536 c. The constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public.537 d. The case may not be re-litigated soon.538 14. One of these statements is not correct:

527 528

Pimentel vs. Office of the Executive Secretary, 462 SCRA 622 Ibid 529 Pimentel vs. Enrile, 472 SCRA 587 530 David vs. Macapagal-Arroyo, 489 SCRA 160 531 ABS-CBN Broadcasting Corporation vs. Presidential Electoral Tribunal, G.R. No. 191618, November 23, 2010 532 Matibag vs. Benipayo, 380 SCRA 49 533 La Bugal BLaan Tribal Association, Inc. vs. Ramos, 421 SCRA 148 534 Estarija vs. Ranada, 492 SCRA 652 535 MATTEL, Inc. vs. Francisco, 560 SCRA 509 536 Ibid 537 Ibid 538 Ibid

41

a. A political question is a question which is to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government.539 b. Because of the enhanced scope of judicial power, all political questions can be subjected to judicial review to determine if there was grave abuse of discretion.540 c. An unconstitutional law confers no rights, imposes no duties, and affords no protection.541 d. As an exception, as a matter of equity and fairness, the actual enforcement prior to its determination of unconstitutionality of a law is an operative fact and may have consequences which cannot always be erased by the subsequent ruling of invalidity. Acts done in reliance of its presumed validity should be recognized.542 15. One of these statements is not correct: a. The acts done by a municipality whose creation was later on declared unconstitutional should be recognized and given effect.543 b. An action to collect payment of a debt which would have prescribed had it not been for the enactment of a moratorium law which was later on declared unconstitutional can still prosper.544 c. The case filed against an accused who was acquitted by a court order before it was ruled that its creation is unconstitutional cannot be refilled, as otherwise he would be placed in double jeopardy.545 d. The funds collected pursuant to a law which imposed a levy upon buyers of fertilizers to be given as capital contribution to a private corporation in financial distress cannot be recovered after the law was declared unconstitutional.546 C. 1. Judicial Independence One of these statements is not correct: a. Congress has absolute discretion to reorganize the Judiciary.547 b. Congress cannot deprive the Supreme Court of its jurisdiction over cases enumerated in the Constitution.548 c. The fiscal autonomy of the Judiciary is guaranteed.549 d. Only the Supreme Court can assign judges of lower courts temporarily to other stations.550 2. One of these statements is not correct: a. Congress can repeal, alter or supplement the rules of procedure promulgated by the Supreme Court.551
539 540

Vinuya vs. Romulo, 619 SCRA 533 Marcos vs. Manglapus, 177 SCRA 668 541 Planters Products, Inc. vs. Fertiphil Corporation, 548 SCRA 485 542 Ibid 543 Municipality of Malabang vs. Benito, 27 SCRA 535 544 De Agbayani vs. Philippine National Bank, 38 SCRA 429 545 Tan vs. Barrios, 190 SCRA 686 546 Planters Products, Inc. vs. Fertiphil Corporation, 348 SCRA 485 547 Section 2, Article VIII of the Constitution 548 Section 2, Article VIII of the Constitution 549 Section 3, Article VIII of the Constitution 550 Section 5(3), Article VIII of the Constitution 551 Echegaray vs. Secretary of Justice, 297 SCRA 754

42

b. It is the Supreme Court who has the power to appoint the officials and employees of the Judiciary.552 c. The Supreme Court has administrative supervision over all courts and their personnel.553 d. The salary of the Justices of the Supreme Court and of judges of the lower courts cannot be decreased during their continuance in office.554 3. One of these statements is not correct: a. The Members of the Supreme Court and judges of the lower courts hold office until they reach the age of seventy years or become incapacitated to discharge their duties.555 b. The Supreme Court has exclusive power to discipline judges of lower courts.556 c. The salaries of the Members of the Supreme Court and judges of the lower courts are exempt from income tax.557 d. The Members of the Supreme Court can be removed from office only by impeachment.558 4. One of these statements concerning the fiscal autonomy of the Judiciary is not correct: a. The appropriation for the Judiciary may not be reduced below the amount appropriated for the previous year.559 b. The appropriation for the Judiciary must be automatically and regularly released.560 c. The Supreme Court can assess fees.561 d. Congress can pass a law exempting government-owned and controlled corporations from legal fees imposed by the Supreme Court.562 5. One of these statements regarding the fiscal autonomy of the Judiciary is not correct: a. The Supreme Court has the flexibility to allocate and utilize its resources as the needs of the Judiciary requires.563 b. The Supreme Court can fix the rates of compensation in the Judiciary in amounts not exceeding the highest rates authorized by law and salary policies of the government.564 c. The President cannot veto the amount appropriated by Congress to pay for the adjustment in retirement benefits of Members of the Supreme Court.565
Section 5 (6), Article VIII of the Constitution Section 6, Article VIII of the Constitution 554 Section 10, Article VIII of the Constitution 555 Section 11, Article VIII of the Constitution 556 Ibid 557 Nitafan vs. Commissioner of Internal Revenue, 152 SCRA 284 558 Section 2, Article XI of the Constitution 559 Section 3, Article VIII of the Constitution 560 Ibid 561 Bengzon vs. Drilon, 208 SCRA 133 562 In re Petition for Recognition of the Exemption of the Government Service Insurance System from Payment of Legal Fees, 612 SCRA 193 563 Bengzon vs. Drilon, 208 SCRA 133 564 Ibid 565 Ibid
553 552

43

d. The Chief Justice cannot use savings from an item in the appropriation to augment another item.566 D. 1. Appointments to the Judiciary One of these statements is not correct: a. The principal function of the Judicial and Bar Council is to recommend appointees to the Judiciary.567. b. Congress can by law prescribe additional qualifications for Members of the Supreme Court.568 c. Any vacancy in the Supreme Court must be filled within ninety days from its occurrence.569 d. Any vacancy in the lower courts must be filled within ninety days from the submission of the list of nominees.570 2. One of these statements is not correct: a. Only natural-born-Filipino citizens can be appointed to the Supreme Court, the Court of Appeals, the Sandiganbayan, and the Court of Appeals.571 b. Only natural-born-Filipino citizens can be appointed Judges of the Regional Trial Court.572 c. A naturalized Filipino citizen can be appointed Judge of the Metropolitan Trial Court.573 d. The Judicial and Bar Counsel should submit at least three nominees for a vacancy in the Judiciary.574 E. 1. Supreme Court Decisions One of these cases need not be decided by the Supreme Court en banc under the Constitution: a. Election contests involving the President or Vice President.575 b. Cases in which the constitutionality or validity of a treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.576 c. Cases involving the modification or reversal of a doctrine of law.577 d. Criminal cases in which the penalty imposed is reclusion perpetua or higher.578 2. One of these statements is not correct:

566 567

Ibid Section 8 (5), Article VIII of the Constitution 568 Section 8 (7), Article VIII of the Constitution 569 Section 4 (1), Article VIII of the Constitution 570 Section 9, Article VIII of the Constitution 571 Section 7 (1), Article VIII of the Constitution 572 Section 7 (2), Article VIII of the Constitution 573 Section 7 (2), Article VIII of the Constitution 574 Section 9, Article VIII of the Constitution 575 Section 4, Article VII of the Constitution 576 Section 4 (2), Article VII of the Constitution 577 Section 4 (3), Article VII of the Constitution 578 Ibid

44

a. A case shall be decided by the Supreme Court en banc when a majority is not obtained in a division.579 b. An administrative case against a judge of a lower court in which the penalty is dismissal shall be decided by the Supreme Court en banc.580 c. A law can be declared unconstitutional by the Supreme Court on the basis of the vote of the majority of those who actually took part.581 d. The decision of a division can be appealed to the Supreme Court en banc.582 F. 1. Supreme Court One of these statements is not correct: a. A law disqualifying Members of the Supreme Court from participating in the adjudication of certain cases on the grounds mentioned in it violates their security of tenure.583 b. A law providing that disqualified members of the Supreme Court will be temporarily replaced by judges of the lower courts is unconstitutional because it will create another Supreme Court. 584 c. The Presidential Electoral Tribunal, which was constituted by the Supreme Court to decide election contests involving the President and the Vice President, is not separate and distinct from the Supreme Court. 585 d. Members of the Supreme Court may be designated to an agency performing quasi-judicial or administrative functions.586 G. 1. Rule Making Power of the Supreme Court One of these is not a limitation on the rule-making power of the Supreme Court: a. The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases.587 b. The rules shall be uniform for all courts of the same grade.588 c. The rules shall not diminish, increase, or modify substantive rights.589 d. Congress can repeal, alter, or supplement the rules promulgated by the Supreme Court.590 2. One of these statements regarding diminution of substantive rights is incorrect:

579 580

Section 4 (3), Article VIII of the Constitution Section 11, Article VIII of the Constitution 581 Section 4 (2), Article VIII of the Constitution 582 Bagaoisan vs. National Tobacco Administration, 408 SCRA 337. 583 Vargas vs. Relloraza, 80 Phil. 297 584 Ibid 585 Makalintal vs. Presidential Electoral Tribunal, G.R. No. 191618, November 23, 2010 586 Section 12, Article VIII of the Constitution 587 Section 5 (5), Article VIII of the Constitution 588 Ibid 589 Ibid 590 Echegaray vs. Secretary of Justice, 297 SCRA 754

45

a. A case filed against three solidary debtors cannot be dismissed because of the death of one of them, because the right to proceed with the case against the surviving debtors is substantive.591 b. The right of the children of a deceased person to ask for support during the settlement of his estate cannot be limited by procedural rules to minors, because the right to ask for support beyond the age of majority is substantive.592 c. Prescription of criminal liability is not waived by the failure of the accused to file a motion to quash, because the extinguishment of a criminal liability involves a substantive right.593 d. A procedural rule limiting the right of the prosecution to ask for the revival of a criminal case which was provisionally dismissed to a period which is shorter than the period of prescription diminishes the substantive right of the State to prosecute the accused.594 3. One of these statements is not correct: a. The Supreme Court can transfer the appeal in administrative cases from itself to the Court of Appeals, because the transfer of cases from one court to another does not affect the right to appeal and is merely procedural.595 b. The Supreme Court can make decisions in criminal cases in which the penalty imposed is reclusion perpetua appealable to the Court of Appeals, because the rule-making power authorizes it to create another layer of appeal provided in case of affirmation of the conviction, the case can be elevated to the Supreme Court for final disposition.596 c. The Supreme Court can order the transfer of the venue of a trial to avoid a miscarriage of justice.597 d. The Supreme Court cannot prohibit rallies within 200 meters of court buildings.598 4. One of these statements is not correct: a. The basis of the power of the Supreme Court to promulgate the Rule on the Writ of Amparo and the Rule on the Writ of Habeas Data is the power to promulgate rules concerning the protection and enforcement of constitutional rights.599 b. Congress cannot pass a law providing for a special procedure to be followed by Regional Trial Courts designated as Special Agrarian Courts.600 c. Section 90 of the Local Government Code, which prohibits provincial board members and councilors who are lawyers from handling cases against their own local government units, does not encroach upon the exclusive authority of the Supreme Court to regulated the practice of law, because it deals with the conduct of public officials to avoid conflict of interest.601
591 592

Philippine National Bank vs. Asuncion, 80 SCRA 321 Santero vs. Court of First Instance of Cavite, 153 SCRA 728 593 Damasco vs. Lagui, 166 SCRA 214 594 People vs. Lacson, 400 SCRA 262 595 Fabian vs. Desierto, 295 SCRA 420 596 People vs. Mateo, 433 SCRA 640 597 Section 5 (4), Article VIII of the Constitution 598 In re Valmonte, 296 SCRA xi 599 Section 5 (5), Article VIII of the Constitution 600 Land Bank of the Philippines vs. De Leon, 388 SCRA 537 601 Javellana vs. Department of Interior and Local Government

46

d. The circular issued by the Commission on Audit requiring government instrumentalities to get its written consent before hiring a private lawyer does not encroach upon the exclusive authority of the Supreme Court to regulate the practice of law, because it is intended to prevent unnecessary expenses.602 H. 1. Administrative Supervision over the Judiciary One of these statements is not correct: a. A criminal complaint cannot be filed against a judge or a court employee on the basis of the performance of his duties unless the Supreme Court has first dealt with it in an administrative action.603 b. A criminal complaint for reckless imprudence resulting in homicide can be filed against a judge without first filing an administrative case in the Supreme Court, because it is not related to the performance of his duties.604 c. An administrative case against a judge should not be dismissed in case he dies during its pendency.605 d. The President can pardon a judge whom the Supreme Court found guilty in an administrative case. 606 VI. Constitutional Commissions A. 1. Status and Appointment One of these statements is not correct: a. The Commission on Human Rights has the same status as the Civil Service Commission, the Commission on Elections, and the Commission on Audit.607 b. For the rotational scheme for the appointment of the Members of the Constitutional Commissions to work, it is required that irrespective of the dates of the appointment and the qualification of the appointees, their terms should start on a common date, February 2, the anniversary of the effectivity of the 1987 Constitution, and any vacancy before the expiration of the term of an incumbent Member should be filled for the unexpired balance of the term.608 c. The prohibition against appointment of a Member of the Constitutional Commission in a temporary capacity does not disallow ad interim appointments.609 d. The prohibition against reappointment of a Member of the Constitutional Commission does not apply in case of an ad interim appointment that was bypassed by the Commission on Appointments 610
602 603

Polloso vs. Gangan, 335 SCRA 750 Maceda vs. Vasquez, 221 SCRA 464 604 Garcia vs. Miro, 582 SCRA 27 605 Report on the Judicial Audit Conducted in the Regional Trial Court, Branch 8, Cebu City, 457 SCRA 1 606 In re Romillo, G.R. No. 97091, December 6, 1997 607 Commission on Human Rights Employees Association vs. Commission on Human Rights, 496 SCRA 2226 608 Gaminde vs. Commission on Audit, 347 SCRA 655 609 Matibag vs. Benipayo, 380 SCRA 49 610 Ibid

47

B 1.

Institutional Independence One of these statements is not correct: a. Since the Constitutional Commissions were created by the Constitution, they cannot be abolished by legislation.611 b. The security of tenure of the Members of the Constitutional Commission is guaranteed by the Constitution.612 c. Impeachment is not the only way by which an incumbent Member of the Constitutional Commissions can be removed from office before the end of his term.613 d. The salaries of the Members of the Constitutional Commission may not be decreased during their terms.614

2.

One of these statements is not correct: a. The Constitutional Commissions enjoy fiscal autonomy.615 b. Because of the fiscal autonomy of the Constitutional Commissions, their approved annual appropriations should be automatically released.616 c. The Secretary of Budget and Management cannot make the release of funds appropriated for the Constitutional Commissions dependent upon the submission of reports on the expenditure of the funds previously released.617 d. The Secretary of Budget and Management can refuse to release the funds appropriated for the Constitutional Commissions if there was a shortfall in the revenue collection.618

3.

One of these statements is not correct: a. The Constitutional Commissions are authorized to appoint their officials and employees in accordance with law.619 b. The Constitutional Commissions are authorized to promulgate their own rules concerning pleading and practice before them.620 c. A law requiring that the rules and regulations promulgated by the Constitutional Commissions to implement the law pertaining to their functions be subject to approval by the Congressional Oversight Committee is valid.621 d. The Supreme Court may disapprove the rules of procedure promulgated by the Constitutional Commissions.622

C. 1

Decisions One of these statements Is not correct:

611 612

Section 1, Article IX-A of the Constitution Section 2, Article XI of the Constitution 613 Ibid 614 Section 3, Article IX-A of the Constitution 615 Section 5, Article IX-A of the Constitution 616 Ibid 617 Civil Service Commission vs. Department of Budget and Management, 464 SCRA 115 618 Civil Service Commission vs. Department of Budget and Management, 482 SCRA 233 619 Section 4, Article IX-A of the Constitution 620 Section 6, Article IX-A of the Constitution 621 Macalintal vs. Commission on Elections, 405 SCRA 614 622 Section 5 (5), Article IX-S of the Constitution

48

a. A majority of the members of the Commission on Elections who actively took part in deciding a case en banc is sufficient for the validity of the decision.623 b. A resolution of the majority of the Members of Commission on Elections is valid even if the dissenting opinion has not yet been submitted.624 c. The decision denying a claim which was issued by the manager of an office in the Commission on Audit by authority of its Chairman is void.625 d. The decision of the Chairman of the Commission on Audit which denied a claim is not valid.626 D. 1. Judicial Review One of these statements is not correct: a. The power of the Supreme Court to review the decisions of the Constitutional Commissions is limited to cases of lack of jurisdiction, excess of jurisdiction, and grave abuse of discretion amounting to lack of jurisdiction or excess of jurisdiction.627 b. The decision of a division of the Commission on Elections cannot be questioned before the Supreme Court, because it is resolutions of the Commission on Election en banc that can be questioned before it.628 c. The Commission on Elections en banc can decide an election case in the first instance.629 d. If the Commission on Elections included a pending preproclamation controversy in its Omnibus Resolution dismissing such pending cases because of the commencement of the terms of office involved in them, the petitioner should question the dismissal by filing a petition for certiorari.630 2. One of these statements is not correct: a. The filing of a motion for reconsideration of the decision of a Constitutional Commission suspends the period to file a petition for certiorari in the Supreme Court. but the period shall not be less than five days.631 b. The Commission on Elections cannot adopt a regulation shortening the period to file a petition in the Supreme Court.632 c. The failure of an election cannot be decided by the Commission on Elections en banc in the first instance.633 d. Only decisions of the Commission on Elections in the exercise of its judicial or quasi-judicial functions can be reviewed by the Supreme Court exclusively.634

623 624

Estrella vs. Commission on Elections, 428 SCRA 315 Tan vs. Commission on Elections, 507 SCRA 352 625 Mison vs. Commission on Audit, 187 SCRA 445 626 Ibid 627 Aratuc vs. Commission on Elections, 285 SCRA 493 628 Mastura vs. Commission on Elections, 285 SCRA 493 629 Sarmiento vs. Commission on Elections, 212 SCRA 307 630 Valino vs. Vergara, 581 SCRA 54 631 Section 3, Rule 64 of the Rules of Court 632 Sardea vs. Commission on Elections, 225 SCRA 374 633 Mutilan vs. Commission on Elections, 520 SCRA 152 634 Garces vs. Court of Appeals, 259 SCRA 99

49

3.

One of these statements is not correct: a. A losing bidder can question the award of the Commission on Elections of a contract for the purchase of election paraphernalia by filing an action in the Regional Trial Court.635 b. The decision of the Commission on Audit to dismiss an employee cannot be questioned directly in the Supreme Court, because it is not a decision involving money matters.636 c. The election registrar who was questioning his transfer cannot file the case directly in the Supreme Court.637 d. The Regional Trial Court has no jurisdiction over a petition questioning the validity of the resolution of the Commission on Elections scheduling a plebiscite.638

E. 1.

Prohibition One of these statements is not correct: a. A Member of a Constitutional Commission cannot hold any other office or employment during his tenure.639 b. A Member of a Constitutional Commission who is a lawyer cannot teach law during his tenure.640 c. A Member of a Constitutional Commission cannot engage in the active management or control of any business which may be affected by his function.641 d. A Member of a Constitutional Commission cannot be financially interested, directly or indirectly, in any contract with or any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including government-owned or controlled corporations or their subsidiaries.642

VII.

Civil Service Commission A, 1. Coverage of Civil Service One of these is not covered by the civil service: a. b. c. d. 2. A government corporation created by special law.643 A water district.644 A contractual employee.645 Philippine National Red Cross.646

One of these is not covered by the civil service:

635 636

Filipinas Engineering and Machine Shop vs. Ferrer, 135 SCRA 25 Saligumba vs. Commission on Audit, 117 SCRA 669 637 Garces vs. Commission on Elections, 259 SCRA 99 638 Salva vs. Makalintal, 340 SCRA 506 639 Section 2, Article IX-B of the Constitution 640 Record of the Constitutional Commission, Vol. I, ps. 658-559 641 Section 3, Article IX-B of the Constitution 642 Ibid 643 University of the Philippines vs. Regino, 221 SCRA 598 644 Feliciano vs. Villasin, 556 SCRA 348 645 Metropolitan Waterworks and Sewerage Authority vs. Hernandez, 143 SCRA 602 646 Liban vs. Gordon, 593 SCRA 68

50

a. Boy Scouts of the Philippines.647 b. A government corporation organized under the Corporation Code.648 c. The president of a state university.649 d. Philippine National Police.650 B. 1. Qualifications One of these statements is not correct: a. The Civil Service Commission cannot impose additional qualifications for a public office which are not imposed by law.651 b. The additional qualification for public office imposed by a new law can be applied retroactively.652 c. The Civil Service Commission must approve an appointment to public office if the appointee meets the minimum requirements of the law even if somebody else is more qualified.653 d. Appointment to positions which are policy determining highly technical and primarily confidential are exempted from competitive examinations.654 C. 1. Confidential Positions One of these statements is not correct: a. A primarily confidential position is characterized by the close proximity of the positions of the appointer and the appointee, as well as the high degree of trust and confidence inherent in their relationship.655 b. The tenure of a public officer holding a primarily confidential position is co-extensive with the confidence of the appointing power.656 c. A classification of public office as confidential made in a law is conclusive upon the Judiciary.657 d. The position of a political ambassador is primarily confidential.658 2. One of these statements is not correct: a. The position of bodyguard is confidential.659 b. The position of provincial attorney is primarily confidential.660 c. The lawyers in the office of provincial attorney are holding primarily confidential positions.661
647 648

Boy Scouts of the Philippines vs. National Labor Relations Commission, 196 SCRA 176 Gamogamo vs. PNOC Shipping and Transport Corporation, 381 SCRA 742 649 Civil Service Commission vs. Sojor, 554 SCRA 160 650 Capablanca vs. Civil Service Commission, 505 SCRA 61 651 Juliano vs. Subido, 62 SCRA 480 652 Mayor vs. Macaraig, 194 SCRA 672 653 Uy vs. Court of Appeals, 286 SCRA 343 654 Section 2 (2), Article IX-B of the Constitution 655 Civil Service Commission vs. Javier, 546 SCRA 485 656 Ibid 657 Civil Service Commission vs. Salas, 274 SCRA 414 658 Astraquillo vs. Manglapus, 190 SCRA 280 659 Borres vs. Court of Appeals, 153 SCRA 121 660 Grio vs. Civil Service Commission, 194 SCRA 458 661 Ibid

51

d. The position of corporate secretary of a government-owned or controlled corporation is primarily confidential.662 3. One of these statements is not correct: a. The position of secretary to the city mayor is primarily confidential.663 b. The position of assistant secretary to the city mayor is primarily confidential.664 c. The position of chief of a government hospital is not confidential.665 d. The position of bus driver of a government office is not confidential.666 D. 1. Security of Tenure One of these statements is not correct: a. The demotion of a public official without a valid cause violates his security of tenure.667 b. A reassignment which is for an indefinite period and which results in reduction in rank violates security of tenure.668 c. If the appointment of a public officer did not involve an assignment to a particular station, his transfer to another station does not violate his security of tenure.669 d. A probationary employee may be terminated at any time before the lapse of the probation period.670 2. One of these statements is not correct: a. A probationary employee can be terminated during the probationary period for his conduct before his entry to public service.671 b. A law providing for the removal of public officers involved in revenue collection if the collection falls short of the goal does not violate their security of tenure.672 c. A public officer who does not possess eligibility for the position to which he was appointed is not entitled to security of tenure.673 d. The temporary appointment of a public officer who lacked civil service eligibility is not converted to a permanent appointment by his acquisition of civil service eligibility.674 E. 1.
662 663

Administrative Charges One of these statements is not correct:

Civil Service Commission vs. Javier, 546 SCRA 485 Samson vs. Court of Appeals, 400 SCRA 654 664 Ibid 665 Rosete vs. Court of Appeals, 264 SCRA 147 666 In re Gerry B. Moral, 571 SCRA 352 667 Cabagnot vs. Civil Service Commission, 223 SCRA 59 668 Pastor vs. City of Pasig, 382 SCRA 232 669 Gatmaitan vs. Gonzales, 492 SCRA 591 670 Daza vs. Lugo, 553 SCRA 532 671 Abakada Guro Party List vs. Purisima, 362 SCRA 251 672 Land Bank of the Philippines vs. Paden, 592 SCRA 124 673 Caringal vs. Philippine Charity Sweepstakes Office, 472 SCRA 577 674 Province of Camarines Sur vs. Court of appeals, 246 SCRA 281

52

a. The Civil Service Commission has jurisdiction over an administrative case against a president of a state university.675 b. The Civil Service Commission has jurisdiction over an administrative case against a public school teacher.676 c. The Civil Service Commission has jurisdiction over an administrative case against a police officer for cheating in the civil service examination.677 d. The Civil Service Commission has jurisdiction over an administrative case against a court employee for cheating in the civil service examination.678 F. 1. Prohibition One of these statements is not correct: a. Employees in the civil service are prohibited from engaging directly or indirectly in partisan political campaign.679 b. A Member of the Cabinet can engage in a partisan political campaign.680 c. Because of their right to self-organization, government employees can stage a strike.681 d. The appointment of a mayor to another public office as long as he is incumbent is void.682 2. One of these statements is not correctt: a. A candidate who lost in an election cannot be appointed to any office in the government or any government-owned or controlled corporation or in any of their subsidiaries within a year after the election.683 b. No public officer can receive double compensation unless it is specifically authorized by law.684 c. A member of the board of a government-owned or controlled corporation cannot be paid allowances and bonuses in addition to his per diem for meetings he attended unless it is specifically authorized by law.685 d. The payment of allowances and bonuses to employees of the National Electrification Administration who were designated to positions in electrical cooperatives which was made by the electric cooperative is valid.686 3. One of these statements is not correct: a. The payment of an allowance to an officer of a governmentowned or controlled corporation as reimbursement for expenses
675 676

Civil Service Commission vs. Sojor, 445 SCRA160 Civil Service Commission vs. Alfonso, 589 SCRA 88 677 Capablanca vs. Civil Service Commission, 605 SCRA 61 678 Awpong vs. Civil Service Commission, 563 SCRA 293 679 Section 2 (4), Article IX-B of the Constitution 680 Santos vs. Yatco, 106 Phil. xxi 681 De la Cruz vs. Court of Appeals, 305 SCRA 303 682 Flores vs. Drilon, 223 SCRA 568 683 Section 6, Article IX-B of the Constitution 684 Section 8, Article IX-B of the Constitution 685 Peralta vs. Mathay, 38 SCRA 256 686 National Electrification Administration vs. Civil Service Commission, 611 SCRA 14

53

incurred in the discharge of his duties violates the prohibition against payment of double compensation.687 b. A retired public officer who is receiving a pension can be paid compensation if he is given a new appointment to a public office.688 c. A public officer cannot accept a gift from any foreign government without the consent of Congress.689 d. An appointive official cannot hold any office in the government or government-owned or controlled corporation or their subsidiaries unless it is allowed by law or by the primary function of his office.690 VII. Commission on Elections A. 1. Enforcement of Election Laws One of these statements is not correct: a. A petition to enjoin the construction of public works projects within 45 days before an election is not within the jurisdiction of the Commission on Elections but of the regular courts.691 b. A petition questioning the declaration by the Board of Canvassers of the outcome of a plebiscite for the conversion to a city or a municipality falls within the jurisdiction of the Commission on Elections rather than the regular courts.692 c. The Commission on Elections has jurisdiction to decide who between the factions in a political party is authorized to nominate its official candidates.693 d. The Commission on Elections has no jurisdiction to determine whether the expulsion of a leader of a political party was valid where the issue was the membership of the political party. 694 B. 1. Deputation of Prosecutors One of these statements is not correct: a. The Commission on Elections can deputize prosecutors to investigate and prosecute election offenses even outside of the election period.695 b. The Ombudsman can investigate and prosecute public officers for election offenses.696 c. A state prosecutor who was deputized by the Commission on Elections cannot oppose the appeal by the Commission on Elections from the dismissal of the case.697 d. The annulment by the Commission on Elections of the resolution of a deputized prosecutor to file criminal cases for vote-selling against the witnesses of the Commission on

687 688

Peralta vs. Mathay, 38 SCRA 256 Section 8, Article IX-B of the Constitution 689 Ibid 690 Section 7, Article IX-B of the Constitution 691 Gallardo vs. Tabamo, 218 SCRA 253 692 Batac vs. Commission on Elections, 421 SCRA 92 693 Laban ng Demokratikong Pilipino vs. Commission on Elections, 423 SCRA 665 694 Atienza vs. Commission on Elections, 612 SCRA 761 695 People vs. Basillo, 179 SCRA 87 696 Corpus vs. Tanodbayan, 149 SCRA 281 697 Commission on Elections vs. Silia, 286 SCRA 177

54

Elections in a vote-buying case against a candidate is a revocation of his deputation.698 C. 1. Power to Investigate and to Cite for Contempt One of these statements is not correct: a. The Commission on Elections has no power to cite for contempt a newspaper reporter who wrote an article criticizing the award of a contract for the purchase of ballot boxes.699 b. The Commission on Elections can cite for contempt a public officer designated to take custody of ballot boxes for disobeying its instruction not to open them except in the presence of the division superintendent of schools.700 c. The Commission on Elections can cite for contempt an election officer who failed to appear to testify in the hearings the Commission on Elections was conducting during the canvassing of the votes for Senators because of allegation of fraud.701 d. The Commission on Elections can investigate a public officer it deputized to be a member of a board of canvassers because of alleged irregularities.702 IX. Commission on Audit A. 1. Scope of Power to Audit One of these statements is not correct: a. The Commission on Audit has no power to audit governmentowned or controlled corporations organized under the Corporation Code.703 b. The Commission on Audit has the power to audit private entities which receive subsidies from government funds.704 c. The pre-audit approval of a contract by the Commission on Audit does not preclude it from conducting a post-audit.705 d. No government entity or its subsidiary and no investment of public funds are exempted from audit by the Commission on Audit.706 2. One of these statements is not correct: a. The Commission on Audit has power to disallow unnecessary expenditures of government funds.707 b. The Commission on Audit has exclusive power to audit the government.708

698 699

Commission on Elections vs. Espaol, 417 SCRA 554 Guevara vs. Commission on Elections, 104 Phil 268 700 Masangcay vs. Commission on Elections, 6 SCRA 27 701 Bedol vs. Commission on Elections, 606 SCRA 554 702 Tan vs. Commission on Elections, 237 SCRA 353 703 Section 2 (1), Article IX-D of the Constitution 704 Blue Bar Coconut Philippines vs. Tantuico, 163 SCRA 716 705 Development Bank of the Philippines vs. Commission on Audit, 231 SCRA 202 706 Section 3, Article IX-D of the Constitution 707 National Housing Authority vs. Commission on Audit, 226 SCRA 55 708 Development Bank of the Philippines vs. Commission on Audit, 73 SCRA 356

55

c. The Commission on Audit has the power to disallow expenditures of government-owned banks even if they were allowed by the Monetary Board.709 d. The Commission on Audit can disallow the payment of a reward to a tax informer despite the legal provision making the decision of the Secretary of Finance conclusive upon the executive agencies.710 3. One of these statements is not correct: a. Even if the account of a public officer has been settled by the Commission on Audit, he can still be criminally prosecuted for malversation.711 b. If the Commission on Audit settles the account of a public officer, its decision is not conclusive for the purpose of filing and administrative case against him.712 c. The Commission on Audit has no power to decide the claim of a contractor for quantum meruit payment from the government, because the claim is unliquidated.713 d. The Commission on Audit has the power to pass upon the claim for payment of a seller of medical supplies to a government hospital which is supported by invoices, because the claim is liquidated.714 X. Bill of Rights A. 1. Fundamental Powers of the State One of these statements is not correct: a. Police power is the power to prescribe regulations to promote the health, morals, peace, education, good order or safety, and general welfare of the people.715 b. Eminent domain is the right of a government to take and appropriate private property to public use, whenever the public exigency requires it, which can be done only on condition of providing a reasonable compensation therefor.716 c. Taxation is the power by which the sovereign raises revenue to defray the necessary expenses of government.717 d. It is not possible for an exaction to involve the exercise of both the power of taxation and the police power.718 2. One of these statements is not correct: a. The following are the requisites for the valid exercise of police power: a) the interests of the public generally, as distinguished from those of a particular class, should justify the interference of the state, and b) the means employed are reasonably
709 710

Ibid Commissioner of Internal Revenue vs. Commission on Audit, 218 SCRA 203 711 Aguinaldo vs. Sandiganbayan, 265 SCRA 121 712 Ibid 713 F.F. Maacop Construction Company, Inc. vs. Court of Appeals, 266 SCRA 235 714 Euro-Med Laboratories, Phil., Inc. vs. Produce of Batangas, 495 SCRA 301 715 Primicias vs. Fugoso, 80 Phil. 71 716 United States vs. Toribio, 15 Phil. 71 717 Ballentinos Law Dictionary, 3rd Ed. , p 1256 718 Lutz vs. Araneta, 98 Phil. 148

56

necessary for the accomplishment of the purpose and not unduly oppressive.719 b. The following are the requisites for the valid exercise of the power of eminent domain: a) the property must be taken for public use; and b) just compensation must be paid for it.720 c. The following are the requisites for the valid exercise of power of taxation: a) it must not violate due process,721 b) it must be uniform and equitable,722 and c) it must be for a public purpose.723 d. The exercise of police power, the power of eminent domain, and the power of taxation is limited by the constitutional prohibition against the impairment of the obligations of contracts. 3. One of these statements regarding the similarities of police power, the power of eminent domain, and the power of taxation is not correct: a. They are inherent in sovereignty and do not need a constitutional grant.724 b. They are the methods by which the state interferes with private rights and property.725 c. They are vested in the legislature.726 d. They confer pecuniary compensation for the interference with private rights and property. 4. One of these statements regarding differences among police power, the power of eminent domain, and the power of tax action is not correct: a. Police power affects liberty and property. The power of eminent domain and the power of taxation affect property only.727 b. Police power and the power of taxation can be exercised by the government only. The power of eminent domain may be delegated to certain private entities.728 c. Police power and the power of taxation are directed against the whole constituency. The power of eminent domain is directed against particular property.729 d. In the exercise of police power, the property affected is necessarily destroyed. In the exercise of the power of eminent domain and the power of taxation, the property affected is not destroyed.730 B. 1. Private Parties One of these statements is not correct:

719 720

National Development Company vs. Philippine Veterans Bank, 192 SCRA 257 Moreno, Philippine Law Dictionary, 3rd ed., p. 311 721 Manila Gas Corporation vs. Collector of Internal Revenue, 562 Phil. 895 722 Section 28 (1), Article VII of the Constitution 723 Planters Products, Inc. vs. Fertiphil Corporation, 548 SCRA 485 724 Cruz, Constitutional Law, 2007 ed., p. 37 725 Ibid 726 Loc. cit. at. p. 38 727 Cruz, Constitutional Law, 2007 ed., p. 38 728 Ibid. 729 Umali, Reviewer in Taxation, 1980 ed., p. 6
730

57

a. The right to due process guaranteed in Section 1, Article III of the Constitution is meant to protect against arbitrary government action and cannot be invoked in private controversies.731 b. The right against unreasonable searches and seizures guaranteed by Section 2, article III of the Constitution is a restraint directed only against the government and not against private individuals. 732 c. The guarantee of equal protection in Section 21, Article III of the Constitution cannot be invoked against acts of private individuals.733 d. The rights during investigation guaranteed by Section 14 (a), Article III of the Constitution are applicable to the administrative investigation of an employee by the employer.734 C. 1. Procedural Due Process One of these statements is not correct: a. Procedural due process requires that a party must be given notice and an opportunity to be heard.735 b. If a decision was rendered without affording the losing party a chance to be heard, it will not become final.736 c. If a party was not given the chance to be heard, but he was later on able to present his side, the deficiency is cured.737 d. If a court decided the just compensation in an expropriation case without giving the plaintiff a chance to be heard, but the plaintiff filed a motion for reconsideration, this cures the defect.738 2. One of these is not an exception to the requirement of a prior notice and hearing: a. Abatement of nuisance per se.739 b. Issuance of a writ of preliminary attachment.740 c. Preventive suspension of a respondent in an administrative case.741 d. Termination of a probationary government employee.742 3. One of these is not an exception to the requirement of a prior notice and hearing: a. Closure of a bank.743 b. Issuance by the trial court of a hold departure order against the accused in a criminal case.744
731 732

Atienza vs. Commission on Elections, 612 SCRA 761 People vs. Marti, 193 SCRA 57 733 Yrasuegul vs. Philippine Airlines, Inc., 569 SCRA 467 734 Manuel vs. N.C. Construction Supply, 282 SCRA 326 735 State Prosecutors vs. Muro, 236 SCRA 505 736 Macias vs. Macias, 410 SCRA 365 737 Wireless Services, Ltd. Vs. Dumlao, 392 SCRA 269 738 National Power Corporation vs. Dela Cruz, 514 SCRA 56 739 Mendoza vs. National Housing Authority, 111 SCRA 634 740 Toledo vs. Matibag, 168 SCRA 513 741 Garcia vs. Mojica, 214 SCRA 202 742 Civil Service Commission vs. Magnaye, 619 SCRA 347 743 Central Bank of the Philippines vs. Court of Appeals, 220 SCRA 536 744 Santiago vs. Vasquez, 217 SCRA 633

58

c. Issuance of a cease and desist order against a factory found upon inspection to be discharging effluents into a river.745 d. Issuance of a writ of preliminary injunction.746 4. One of these statements is not correct: a. The right to due process in civil cases includes the right of cross-examination.747 b. Because of the right to due process, a law cannot deny the right to appeal.748 c. The right to due process is not violated if the right to appeal is made subject to certain conditions.749 d. The right to due process of a party is violated if he was prejudiced because of the gross negligence of his lawyer.750 5. One of these statements is not correct: a. Because of due process, any public officer who decided a case should not decide the appeal from his decision if he was promoted.751 b. A judge who has pre-judged the case pending before him should inhibit himself.752 c. The questioning of the witnesses is not sufficient basis for claiming the judge was biased.753 d. A judge who reminded the lawyer for the defense that the defense of alibi requires the impossibility of the presence of the accused at the scene of the crime and who expressed his observations on the testimonies of the witnesses should be considered as biased.754 6. One of these statements is not correct: a. Repeated rulings against a litigant, even if erroneous, do not constitute a basis for claiming a judge is biased.755 b. Massive publicity during a trial cannot serve as a basis for claiming that the judge became biased.756 c. Live television of the trial of a criminal case should not be allowed to ensure a fair trial.757 d. The motu proprio amendment by a judge of his order requiring the deposit of the assessed value of the real property sought to be expropriated by requiring instead the deposit of its zonal value for the issuance of a writ of possession is a ground for his disqualification for bias.758

745 746

Pollution Adjudication Board vs. Court of Appeals, 195 SCRA 633 Carale vs. Abarintos, 269 SCRA 132 747 Ortigas vs. Lufthansa German Airlines, 645 SCRA 610 748 Alba vs. Nitorreda, 254 SCRA 253 749 Aris (Phil.), Inc. vs. National Labor Relations Commission, 200 SCRA 246 750 Amil vs. Court of Appeals, 316 SCRA 317 751 Rivera vs. Civil Service Commission, 240 SCRA 43 752 Juan vs. Castillo, 62 SCRA 124 753 People vs. Medina, 404 SCRA 248 754 People vs. Larraaga, 421 SCRA 530 755 People vs. Webb, 276 SCRA 243 756 People vs. Roxas, 624 SCRA 378 757 Perez vs. Estrada, 360 SCRA 241 758 Republic vs. Guingoyon, 478 SCRA 474

59

7.

One of these is not a requirement of administrative due process. a. A party must have the right to present his case and submit evidence in support of it.759 b. The tribunal must consider the evidence presented.760 c. The decision must have something to support it.761 d. The party must be assisted by counsel.762

8.

One of these is not a requirement of administrative due process: a. The evidence must be substantial. It must be more than a mere scintilla but must be such evidence as a reasonable might accept as adequate to support a conclusion.763 b. The decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected.764 c. The tribunal must act on its own independent consideration of the law and the facts of the controversy and not simply accept the views of a subordinate in arriving at a decision.765 d. The parties must be furnished a copy of report submitted by the subordinate to the tribunal.766

9.

One of these is a requirement of administrative due process: a. The tribunal should render its decision in such a manner that the parties can know the issues involved and the reasons for the decision.767 b. The evidence should be received by the same public officer who will decide the case.768 c. There must be a transcript of the proceedings.769 d. The tribunal that will decide the appeal from an administrative agency must conduct a hearing and give notice of it to the parties.770

10.

One of these statements is not correct: a. A law cannot provide that administrative proceedings will be summary and without cross-examination.771 b. A letter which simply ordered a public officer facing an administrative case to turn over his position to his successor cannot be considered a valid decision on his case.772 c. A decision on an administrative case against government employees stating that they were being dismissed pursuant to the report submitted by a committee is not valid.773

759 760

Ang Tibay vs. Court of Industrial Relations, 69 Phil. 631 Ibid 761 Ibid 762 Nera vs. Auditor General, 164 SCRA 1 763 Ang Tibay Court of Industrial Relations, 69 Phil. 631 764 Ibid 765 Ibid 766 Mollaneda vs. Umcob, 358 SCRA 537 767 Ang Tibay vs. Court of Industrial Relations, 69 SCRA 631 768 Mangubat vs. De Castro, 163 SCRA 608 769 Police Commission vs. Lood, 127 SCRA 757 770 Phua vs. Board of Commissioners, 133 SCRA 556 771 Sto. Domingo vs. Ordoez, 166 SCRA 123 772 Lecaroz vs. Ferrer, 152 SCRA 337

60

d. A decision finding a barangay chairman guilty in an administrative case for falsely stating that the barangay had no sangguniang kabataaan officials when in three of the documents, it was stated that there were sangguniang kabataan officials and he claimed that his signature in one other document that there were no sangguniang kabataan officials was forged is not supported by substantial evidence.774 D. 1. Substantive Due Process One of these statements is not correct: a. In the hierarchy of civil liberties, human rights occupy a superior position over property rights.775 b. The right to privacy is protected by the Constitution.776 c. The security of tenure of a public officer is a property right protected by the Constitution.777 d. The license granted to harbor pilots to practice their profession is not a property right.778 2. One of these is not a property right protected by due process: a. Admission ticket to a theater.779 b. License to carry a firearm.780 c. Pension due the surviving spouse of a retired member of the Government Service Insurance System.781 d. Parking spaces in shopping malls.782 3. One of these is not a valid exercise of police power: a. Prohibition of the killing of carabaos which are fit for agricultural work.783 b. Prohibition of advertising billboards along the streets.784 c. Requiring those who wish to practice medicine to pass a government examination.785 d. Prohibition of the transportation of carabaos from one province to another.786 4. One of these is not a valid exercise of police power: a. Requiring those who wish to enroll for the course of medicine to pass an admission test.787 b. Requiring the closure of commercial blood banks.788
Department of Health vs. Camposano, 457 SCRA 438 Domingo vs. Office of the Ombudsman, 577 SCRA 476 775 Philippine Blooming Mills Employees Organization vs. Philippine Blooming Mills Company, Inc., 50 SCRA 189 776 Ople vs. Torres, 293 SCRA 141 777 Morfe vs. Mutuc, 22 SCRA 424 778 Corona vs. United Harbor Pilots Association, 283 SCRA 31 779 Balacuit vs. Court of First Instance of Agusan del Norte, 163 SCRA 182 780 Chavez vs. Romulo, 431 SCRA 534 781 Government Service Insurance System vs. Montesclaros, 434 SCRA 441 782 Office of the Solicitor General vs. Ayala Land, Inc., 600 SCRA 617 783 United States vs. Toribio, 15 Phil. 85 784 Churchill vs. Rafferty, 32 Phil. 580 785 People vs. Ventura, 4 SCRA 208 786 Ynot vs. Intermediate Appellate Court, 148 SCRA 659 787 Department of Education, Culture and Sports vs. San Diego, 180 SCRA 533
774 773

61

c. Requiring the grant of a twenty per cent discount to senior citizens in the purchase of medicines.789 d. Prohibiting those taking licensure examinations from attending review classes starting three days before every examination and until the examination day.790 5. One of these is not a valid exercise of police power: a. Requiring theaters to charge children who are not more than twelve years old only one-half of the admission fee.791 b. Prohibition of motorcycles on limited access highways.792 c. Requiring corporations to pay two per cent of their gross income as income tax if they have no taxable income.793 d. Requiring a withholding tax be based on the gross selling price in the case of sale of real property which is not a capital asset rather than on the net income.794 6. One of these statements regarding the requirements of due process is not correct: a. b. c. d. 7. A law must be reasonable.795 A law must not be vague.796 A law must not be overbroad.797 A law can be effective immediately upon approval even if it has not yet been published.798

One of these statements is not correct: a. A law is vague when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ in its application.799 b. To avoid vagueness, a law need not define every word used in it.800 c. The Anti-Plunder Law is not vague.801 d. Batas Pambansa Bldg. 33, as amended, which penalizes illegal trading in petroleum products is vague.802

8.

One of these statements is not correct: a. The provision of the Anti-Graft and Corrupt Practices Act penalizing a public officer who gives a private party any unwarranted benefits is not vague.803

788 789

Beltran vs. Secretary of Health, 476 SCRA 160 Carlos Superdrug Corporation vs. Department of Social Welfare and Development, 526 SCRA 130 790 Lupangco vs. Court of Appeals, 160 SCRA 848 791 Balacuit vs. Court of First Instance of Agusan del Norte, 163 SCRA 162 792 Mirasol vs. Department of Public Works and Highways, 490 SCRA 318 793 Chamber of Real Estate vs. Builders Association, Inc. vs. Romulo 614 SCRA 605 794 Ibid 795 Corona vs. United Harbor Pilots Association, 283 SCRA 31 796 Estrada vs. Sandiganbayan, 369 SCRA 394 797 Ibid 798 Taada, 146 SCRA 446 799 Estrada vs. Sandiganbayan, 369 SCRA 394 800 Ibid 801 Ibid 802 Perez vs. LPG Refillers Association of the Philippines, Inc. 531 SCRA 431 803 Gallego vs. Sandiganbayan, 115 SCRA 793.

62

b. The provision of the Anti-Graft and Corrupt Practices Act penalizing a public officer who enters into a contract which is manifestly and grossly disadvantageous to the government is not vague.804 c. The provision of the Anti-Graft and Corrupt Practices Act penalizing a relative of the President who intervenes in a government contract is not vague.805 d. Article 202 of the Revised Penal Code, which penalizes any person found loitering about public or semi-public places or wandering without visible means of support is vague.806 9. One of these statements is not correct: a. Republic Act No. 1379, which provides for the forfeiture of the unlawfully acquired property of public officers, is not vague.807 b. The Public Assembly Act is not vague.808 c. The provision of the Revised Securities Code penalizing insider trading is not vague.809 d. The provision of the Labor Code penalizing the illegal recruitment and placement of workers is vague.810 10. One of these statements is not correct: a. A law is overbroad if it offends the constitutional principle that a governmental purpose to control or prevent activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedom.811 b. Prohibiting the posting on motor vehicles of stickers supporting certain candidates is overbroad.812 c. Prohibiting a candidate from allowing his image or name to be used in advertisements before the start of the campaign period is not overbroad.813 d. An ordinance requiring all buses to pick up and drop off passengers only at a bus terminal operated by someone authorized by a city is not overbroad. 11. One of these statements is not correct: a. The provision of Labor Code penalizing illegal recruitment and placement of workers is not overbroad.814 b. An ordinance requiring the closure in a certain district of business establishments in which women are employed for entertainment is overbroad.815

Dans vs. People, 285 SCRA 504 Romualdez vs. Sandiganbayan, 435 SCRA 371 806 People vs. Siton, 600 SCRA 476 807 Ong vs. Sandiganbayan, 470 SCRA 7 808 Bayan vs. Ermita, 488 SCRA 226 809 Securities and Exchange Commission vs. Interport Resource Corporation, 567 SCRA 354 810 People vs. Dela Piedra, 350 SCRA 163 811 Adiong vs. Commission on Elections, 207 SCRA 712 812 Ibid 813 Chavez vs. Commission on Elections, 437 SCRA 415; Lucena Ground Central Terminal, Inc. vs. JAC Liner, Inc., 452 SCRA 174 814 People vs. Dela Peidre, 350 SCRA 163 815 City of Manila vs. Laguio, 455 SCRA 308
805

804

63

c. An order requiring bus companies to close their terminals in Metropolitan Manila and to use the bus parking terminal areas of the authority issuing the order is not overbroad. 816 d. An ordinance prohibiting hotels, motels, inns and lodging houses from renting out a room more than twice a day is overbroad.817 12. One of this is not a standard for the judicial review of laws on grounds of substantive due process. a. Laws dealing with fundamental rights, such as freedom of speech, suffrage, the political process , and judicial access should be strictly scrutinized to determine the quality and the amount of governmental interest brought to justify the regulation. The governmental interest must be compelling and there is no less restrictive means for achieving that interest.818 b. The rational basis standard is used for the review of economic legislation. Laws are upheld if they rationally further a legitimate governmental interest.819 c. Under the intermediate review standard, governmental interest is extensively examined and the availability of less restrictive measures is considered.820 d. Under the balancing-of-interest standard, the court should consider the fundamental right and the regulation to determine which one should be given greater protection.821 13. One of these statements is not correct: a. The right to privacy does not bar the adoption of a reasonable identification card system by government entities.822 b. Requiring mandatory, random and suspicionless drug testing of students is constitutional.823 c. Requiring random drug testing of employees of government and private offices is constitutional.824 d. Requiring the drug testing of all persons charged with a criminal offense punishable by imprisonment of at least six years and one day is constitutional.825 14. One of these statements is not correct: a. Compulsory DNA testing to determine paternity in a case is valid.826 b. The investigation in aid of legislation of the officers of a sequestered corporation because of alleged anomalies does not violate their right to privacy.827

816 817

Metropolitan Manila Development Authority vs. Viron Transportation Company, Inc. 530 SCRA 341 White Light Corporation vs. City of Manila, 576 SCRA 416 818 White Light Corporation vs. City of Manila, 576 SCRA 916 819 Ibid 820 Ibid
821 822 823

Kilusang Mayo Uno vs. Director General, National Economic Development Authority, 487 SCRA 623 Social Justice Society vs. Dangerous Drugs Board, 570 SCRA 410 824 Ibid 825 Ibid 826 Agustin vs. Court of Appeals, 460 SCRA 315 827 Sabio vs. Gordon, 504 SCRA 704

64

c. The right to privacy cannot bar legislative investigation into the regulation of banking transactions.828 d. Government agencies can invoke the right to privacy.829 E. 1. Equal Protection One of these statements is not correct: a. Equal protection means that all persons or things similarly situated must be treated alike both in the privileges conferred and the obligations imposed.830 b. A law which treats similarly persons or things which are differently situated violates equal protection.831 c. For a law to violate the equal protection clause, it is not enough that it permits inequality in its application but must on its face deny equal protection.832 d. For a classification in a law to satisfy equal protection, it must comply with the following requirements: 1) it must rest on substantial distinctions; 2) it must be germane to the purposes of the law; 3) it must not be limited to existing conditions; and 4) it must apply equally to all members of the same class.833 2. There is no valid classification in the law in one of these cases: a. Taxing salaried employees on the basis of gross income while taxing professionals and businessmen on the basis of net income.834 b. Requiring only those who want to enroll for the medical course to pass a national admission test.835 c. Prohibiting lawyers who are members of local legislatures from handling cases against their own local government units without imposing a similar prohibition on other professionals who are members of local legislatures.836 d. Allowing the indefinite preventive suspension of public officers charged under the Anti-Graft and Corrupt Practices Act.837 3. There is no valid classification in the law in one of these cases: a. Providing for preventive suspension until the termination of the criminal case if the accused is a police officer and the penalty exceeds imprisonment for six years.838 b. Denying the Judiciary the franking privilege.839

Standard Chartered Bank vs. Senate Committee on Banks, Financial Institutions and Currencies, 541 SCRA 456 829 Valmonte vs. Belmonte, 170 SCRA 256 830 National Development Company vs. Philippine Veterans Bank, 192 SCRA 257 831 Ibid 832 People vs. Vera, 65 Phil. 56 833 People vs. Cayat, 68 Phil. 12 834 Sison vs. Ancheta, 130 SCRA 654 835 Department of Education Culture and Sports vs. San Diego, 180 SCRA 533 836 Javellana vs. Department of Interior and Local Government, 212 SCRA 475 837 Layno vs. Sandiganbayan, 136 SCRA 536 838 Himagan vs. People, 237 SCRA 538 839 Philippine Judges Association vs. Prado, 227 SCRA 703

828

65

c. Granting death benefits to Filipino seamen working abroad without granting the same benefits to Filipino land-based workers abroad.840 d. Requiring radio and television stations to give free time for political advertisements without requiring newspapers to give free space for political advertisements.841 4. There is no valid classification in the law in one of these cases: a. Cancelling the mortgages constituted to secure the payment of the loans obtained from private entities.842 b. Requiring the transfer every four years of the election officers assigned to cities or municipalities without imposing the same requirement on other employees of the Commission on Elections.843 c. Allowing local government units to grant allowances to national government officials assigned to them but excluding auditors.844 d. Considering appointive officials as resigned upon filing of their certificates of candidacy while allowing elective officials to run for another elective office without forfeiting their office.845 5. There is no valid classification in one of these cases: a. Disqualifying the surviving spouse of a retired member of the Government Service Insurance System from receiving a pension if they were married within three years before his retirement.846 b. Prohibiting rallies within 200 meters from courthouses when there is no similar prohibition in the case of offices in the Legislative and Executive Departments.847 c. Banning motorcycles from limited access to highways while allowing other forms of transportation.848 d. Authorizing the Office of the Ombudsman to place an elective official facing on administrative under preventive suspension for six months when under the Local Government Code the duration of the preventive suspension is sixty days.849 6. There is no valid classification in one of these cases: a. Prohibiting business establishments which employ women as entertainers within a district of a city but allowing it elsewhere.850 b. Providing for a system of reward to employees of the Bureau of Internal Revenue and the Bureau of Customs if they exceed

Conference of Maritime Manning Agencies, Inc. va. Philippine Overseas Employment Administration, 243 SCRA 666 841 Telecommunication and Broadcast Attorneys of the Philippine, Inc. vs. Commission on Election, 289 SCRA 337 842 National Development Company vs. Philippine Veterans Bank, 192 SCRA 257 843 De Guzman vs. Commission on Elections, 336 SCRA 191 844 Villarea vs. Commission on Audit, 408 SCRA 455 845 Farias vs. Executive Secretary, 417 SCRA 503 846 Government Service Insurance System vs. Montesclaro, 434 SCRA 441 847 In re Valmonte, 296 SCRA xi 848 Mirasol vs. Department of Public Works and Highways, 490 SCRA 318 849 Miranda vs. Sandiganbayan, 464 SCRA 465 850 City of Manila vs. Laguio, 478 SCRA 974

840

66

their revenue goals without applying it to other governmental employees.851 c. Penalizing as vagrancy loitering about public places or wandering about the country or the streets without visible means of support.852 d. Basing the creditable withholding tax on the sale of real estate by real estate dealers on the gross selling price without imposing the same formula.on manufacturers of goods.853 7. One of these statements is not correct: a. An ordinance which imposes a tax on a sugar central specified in it violates equal protection.854 b. It is valid for a law to exempt the officers of the Bangko Sentral ng Pilipinas from the Salary Standardization Law while subjecting the rank-and-file employees to it.855 c. A law which makes a valid classification at one time may become unconstitutional at another time because of altered circumstances.856 d. For a law to comply with the equal protection clause, it must cover all other matters which could have been covered by it.857 F. 1. Searches and Seizures One of these statements is not correct: a. The Bill of Rights does not prohibit all arrests, searches, and seizures but only those which are unreasonable.858 b. All illegal arrests, searches and seizures are unreasonable while lawful ones are reasonable.859 c. Picking up the dried marijuana leaves which spilled on the street from the bag of a drug dealer is unlawful if there was no search warrant.860 d. For a warrant to be valid, the following requisites must concur: 1) it must be issued upon probable cause; 2) the probable cause must be personally determined by the judge; 3) in the determination of the probable cause, the judge must examine under oath or affirmation the complainant and his witnesses; and 4) the warrant must particularly describe the place to be searched and the persons or things to be seized.861 2. One of these statements is not correct: a. With respect to a search warrant, probable cause means such facts and circumstances which will lead a reasonably discreet and prudent man to believe that an offense has been committed
851 852

Abakada Guro Party List vs. Purisima, 562 SCRA 261 People vs. Siton, 600 SCRA 476 853 Chamber of Real Estate and Builders Association, Inc. vs. Romulo, 614 SCRA 605 854 Ormoc Sugar Company, Inc. vs. Treasurer of Ormoc City, 22 SCRA 603 855 Central Bank Employees Association, Inc. vs. Bangko Sentral ng Pilipinas, 446 SCRA 299 856 Ibid 857 Bautista vs. Juinio, 127 SCRA 329 858 Rodriguez vs. Villamiel, 65 Phil. 230 859 Ibid 860 People vs. Alfonso, 219 SCRA 102 861 Section 2, Article III of the Constitution

67

and that the objects sought in connection with it are in the place sought to be searched.862 b. With respect to warrants of arrest, probable cause means that sufficient facts must be presented to the judge issuing the warrant to convince him that there is probable cause for believing that the person whose arrest is sought committed the crime charged.863 c. Probable cause does not require proof beyond reasonable doubt.864 d. Suspicion constitutes probable cause.865 3. One of these statements is not correct: a. There is no probable cause to arrest a person who is carrying a bag for illegal possession of regulated drugs if there is nothing to indicate their presence from external appearances.866 b. A tip from an informer is sufficient to give rise to probable cause.867 c. Statements which do not clearly indicate the offense supposed to have been committed do not establish probable cause.868 d. A statement that a newspaper is publishing materials whose publication constitutes an offense without specifying the materials does not show probable cause.869 4. One of these statements is not correct: a. A judge should not rely solely on the certification of the prosecutor as to the probable guilt of the accused but should make his own personal determination of probable cause by examining the resolution of the prosecutor and the supporting evidence.870 b. The Commissioner of Immigration cannot issue a warrant of arrest against an alien facing a deportation case.871 c. The Commissioner of Immigration can issue a warrant for the arrest of an alien against whom there is a final order of deportation.872 d. A judge should conduct a searching examination of the witnesses before issuing a warrant of arrest.873 5. One of these statements is not correct: a. Hearsay evidence is not sufficient to show probable cause.874 b. Even if a police officer had no personal knowledge of a crime but he acquired personal knowledge in the course of his

862 863

Burgos vs. Chief of Staff, 133 SCRA 306 United States vs. Grant, 18 Phil. 122 864 Algas vs. Garredo, 61 SCRA 62 865 Alih vs, Castro, 151 SCRA 279 866 People vs. Aminnudin, 163 SCRA 402 867 People vs. Racho, 612 SCRA 633 868 Marcelo vs. De Guzman, 114 SCRA 637 869 Burgos vs. Chief of Staff, 133 SCRA 800 870 Lim vs. Felix, 247 SCRA 632 871 Neria vs. Vivo, 295 SCRA 299 872 Ang Ngo Chiong vs. Galano, 67 SCRA 338 873 Webb vs. De Leon, 247 SCRA 632 874 Borlongan vs. Pea, 620 SCRA 106

68

investigation, the issuance of a search warrant can be based on his testimony.875 c. The examination of the witnesses need not be like the examination of a witness in a court trial.876 d. A judge may examine the witnesses by asking them leading questions.877 6. One of these statements is not correct: a. The test of the sufficiency of the description in a warrant whether it will permit the arrest of the wrong person or the seizure of the wrong property.878 b. A search warrant ordering the seizure of the documents and papers showing all business transactions of a corporation is a general warrant.879 c. A search warrant for the seizure of prohibited drugs which did not specify the quantity is not valid.880 d. The seizure of unlicensed firearms by virtue of a search warrant for unlicensed firearms is valid, even if it did not contain a technical description, if the items seized belong to the same kind and nature as those described in the search warrant.881 7. One of these statements is not correct: a. The description of the articles to be seized in a search warrant is valid if it is as specific as the circumstances will ordinarily allow.882 b. The search of a residence which police officers had in mind when the search warrant authorized them to search another residence, because they mistakenly gave a different address is illegal.883 c. If the name of the owner of the residence which a search warrant authorized to be searched is erroneous, the search is illegal.884 d. A search warrant which authorized the search of a residence without giving its address is not valid.885 8. One of these statements is not correct: a. A warrant for the arrest of an unknown person who was given the fictitious name John Doe is valid if it contains a sufficient description to identify him, such as his appearance, peculiarities, occupation and residence.886 b. The inclusion of the diskettes in seizure pursuant to a search warrant for a computer is valid.887
875 876

Yu vs. Honrado, 99 SCRA 273 Hercules Bottling Company vs. Savellano, CA-G.R. No. 09153-R, February 29. 1980 877 People vs. De los Reyes, 441 SCRA 305 878 Secretary of Justice vs. Marcos, 76 SCRA 301 879 Stonehill vs. Diokno, 20 SCRA 383 880 People vs. Tee, 395 SCRA 419 881 Al-Ghoul vs. Court of Appeals, 364 SCRA 363 882 Al-Ghoul vs. Court of Appeals, 364 SCRA 363 883 People vs. Court of Appeals, 291 SCRA 100 884 People vs. Tiu Won Chua, 405 SCRA 280 885 People vs. Simbahon, 401 SCRA 94 886 People vs. Veloso, 48 Phil 169 887 People vs. Burgos, 200 SCRA 62

69

c. A warrant for the arrest of the accused in which his first name is erroneous is void.888 d. A search warrant which contains a general description of the documents and records to be seized and a particular description namely, unregistered delivery receipts and unregistered purchases and sales invoices is partially valid.889 9. A warrantless search and seizure is invalid in one of the following instances: a. b. c. d. 10. It is incidental to a lawful arrest. The thing seized is a prohibited article found in plain view. The article seized is a moving vehicle. The owner did not object.

A warrantless search and seizure is valid in the following instances: a. It involved a search at borders or ports of entry. b. It was made to enforce the customs law. c. A private residence was searched to determine if it is complying with police regulations. d. It was made pursuant to a stop-and-frisk procedure.

11.

One of these statements is not correct: a. For a warrantless search and seizure to be valid, the arrest must be lawful. b. The search conducted by a police officer who joined the police officers serving a warrant of arrest for the purpose of making a search is lawful. c. A warrantless search preceding the arrest is not incidental to a lawful arrest, d. A warrantless search thirty minutes after the arrest is not incidental to a lawful arrest.

12.

One of these statements is not correct: a. A warrantless search substantially contemporaneous with the arrest can precede the arrest if there is probable cause to make the arrest at the outset of the arrest. b. A warrantless search can be made on the basis of reliable information. c. A warrantless search must be limited to the area within which the person being arrested could reach for a weapon or destroy evidence. d. The warrantless search of the house of the person arrested for possession of marijuana outside his house is unlawful.

13.

One of these statements is not correct: a. The warrantless seizure of the envelopes inside the bag of a mailman who was caught handing over the bag to his coconspirator to steal it is unlawful.

888 889

People vs. Martinez, 235 SCRA 171 Uy vs. Bureau of Internal Revenue, 344 SCRA 36

70

b. The warrantless seizure of money delivered as a bribe to a judge while he was being arrested is lawful. c. The warrantless seizure of a magazine of ammunition protruding from the back pocket of the person being arrested is lawful. d. The warrantless seizure of marijuana in the pocket of a person arrested while selling marijuana is lawful. 14. The requisites for the lawful warrantless seizure of a prohibited article are the following: a. There was a prior valid intrusion based on a valid warrantless arrest. b. The evidence was inadvertently discovered. c. The evidence must be immediately apparent. d. The possessor was immediately arrested. 15. One of these statements is not correct: a. A notebook containing names and addresses suspected to be buyers of marijuana which was not mentioned in a warrant for the seizure of marijuana cannot be seized. b. A police officer who found the marijuana he was authorized to seize by virtue of a search warrant cannot seize an unlicensed firearm after he continued searching, c. Police officers who saw a marijuana plantation can immediately seize the marijuana plants without the need for a search warrant. d. The seizure of unlicensed firearms by police officers serving a warrant for their seizure is unlawful if it turned out that the search warrant was unlawful for lack of examination of the witnesses by the judge. 16, One of these statements is not correct: a. A truck which was hauling illegally cut timber can be seized without need of a search warrant. b. The car which was used by killers to escape and which was abandoned can be seized without need of a search warrant. c. Checkpoints can be set up if there is an exigency that justifies them. d. Checkpoints can be set up during the period that the bringing of guns was banned because of the election. 17. One of these statements is not correct: a. The search of vehicles at a checkpoint should be limited to a visual inspection of them. b. The trunk of a car cannot be opened at a checkpoint to determine if there are unlicensed firearms inside it. c. The bag of the driver of a motorcycle who breached a checkpoint, misrepresented himself as an army officer, and refused to say what was inside his bag can be searched. d. A car can be seized without a warrant for violating a traffic regulation. 18. One of these statements is not correct: 71

a. A homeowner who remained silent when his home was searched without a warrant did not waive his right against warrantless search. b. To be valid, the waiver of the right against warrantless searches must be in writing and made with assistance of counsel. c. A household helper cannot allow a police officer to search the house without a search warrant. d. If police officers whom the homeowner allowed to enter his house to pursue robbers, searched the house and, inadvertently found an unlicensed firearm, they can seize the unlicensed firearm. 19. One of these statements is not correct: a. Routinary searches may be made at boundaries and ports of entry to enforce the laws pertaining to national security, immigration, tariff and customs, and quarantine. b. Probable cause is required before the luggage of a passenger can be opened by customs examiner at a port. c. Smuggled items being sold at a store can be seized without need of a search warrant. d. Smuggled items cannot be seized inside a residential house without a search warrant. 20. One of these statements is not correct: a. The warrantless seizure of an unlicensed firearm inside a bag of someone who was acting suspiciously and who tried to flee when police officers approached is valid under the stop-and frisk rule. b. The warrantless seizure of a hand grenade tucked inside the waistline of someone because his eyes were moving very fast is valid under the stop-and-frisk rule. c. The Optical Media Board can conduct an administrative search of a business establishment licensed to engage in the replication of optical media, in the exercise of police power. d. The warrantless search and seizure of persons inside a house by soldiers after they had earlier been fired upon from the house during an ongoing coup detat when the courts were closed, is valid because of exigency. 21. One of these statements is not correct: a. A private citizen inside a restaurant who heard the sound of a motor vehicle hitting someone, went out of the restaurant, and saw a motor vehicle driving away and the victim lying on the ground can arrest the driver without need of a warrant. b. The complainant in a criminal case can arrest the offender if he knows that a warrant for the arrest of the offender had been issued and he saw the offender fleeing. c. A private person can make an arrest without a warrant if a crime has just been committed and he has probable cause based on his personal knowledge of the facts that the person to be arrested committed it. d. A private person can arrest without a warrant a prisoner who escaped from jail while his case is pending. 72

22.

One of these statements is not correct: a. A police officer who arrived at the scene of a shooting and saw a dead person after the killer had fled and was informed by eyewitnesses of the identity of the killer, can arrest him without a warrant if he saw the killer afterwards. b. A police officer who arrived at the scene of a crime and saw a dead person and the killer, but failed to catch up with the fleeing killer cannot arrest him without need of a warrant if the police officer sees him two days later. c. Police officers to whom the passengers of a jeepney reported that they had just been robbed and who cruised in their patrol car to look for the robbers can arrest them without a warrant if one of the victims was with them and the victim identified the stolen articles in the possession of the robbers. d. A police officer who saw a dead person at the scene of a crime, who was told by the eyewitnesses that the person fleeing while holding a gun shot the victim, and who caught up with him can arrest him without the need of a warrant.

23.

One of these statements is not correct. a. A person who was illegally arrested cannot be released if in the meanwhile a warrant was issued for his arrest. b. A person who was illegally arrested waives the right to question the illegality of his arrest if he enters a plea during arraignment. c. A person who was illegally arrested waives the right to question the illegality of his arrest if he posts bail. d. Even if the accused was illegally arrested, he can be convicted if his guilt was proven beyond reasonable doubt.

24.

One of these statements is incorrect: a. If a freight forwarder to whom boxes were delivered by a customer to be shipped abroad, opened them without a search warrant, saw that they contained marijuana leaves, and turned over the marijuana leaves to police authorities, the marijuana leaves can be used as evidence against the customer. b. If an unlicensed firearm was seized by virtue of a search warrant issued without examination of the witnesses, the unlicensed firearm is inadmissible in evidence. c. If a letter written by a kidnapper was illegally seized and because of its contents, the place where he hid the ransom money was discovered, the ransom money is admissible in evidence. d. If a knife which the accused used to kill his victim was illegally seized, the court should order its return to accused.

25.

One of these statements is not correct: a. If the accused was charged with illegal possession of an unlicensed firearm and the firearm was illegally seized, it should be returned to the accused. b. If the accused waived the right to question the illegality of his arrest for selling marijuana, he also waived his right to object to

73

the admissibility in evidence of the marijuana seized during his arrest. c. If the lawyer of the accused charged with illegal possession of marijuana did not object when it was offered in evidence, the marijuana is admissible in evidence. d. If a robber stole a cellular telephone and sold it to a fence, the cellular telephone was illegally seized from the store of the fence, and the robber was charged with robbery, the cellular telephone is admissible as evidence against him. G. 1. Privacy of Communication One of these statements is not correct: a. The privacy of communication can be impaired upon lawful order of the court. b. The privacy of communication can be impaired by the executive because of public safety or order without need of a law. c. Incoming and outgoing letters of prisoners can be inspected by the prison authorities in the interest of security and discipline. d. Prison authorities can inspect letters between prisoners and their lawyers only to determine if they are communications between them but cannot read their contents. H. 1. Freedom of Speech and of the Press and Right of Peaceful Assembly One of these statements is not correct: a. Freedom of expression stands on a higher level than substantial economic freedom or other liberties. b. Freedom of expression prohibits prior restraint, official governmental restriction on forms of expression in advance of publication or dissemination. c. Motion pictures can be required to be reviewed by a board before they can be allowed for public viewing. d. The Commission on Elections can prohibit the posting of stickers on moving vehicles which express the support of the owners for certain candidates. 2. One of these statements is not correct: a. Freedom of expression includes freedom from punishment subsequent to publication of opinions on public issues. b. The law can punish obscene, seditious, and libelous writings. c. A facial challenge seeks an examination of an entire law, pinpointing its flaws and defects, not only on the basis of its actual operations to the parties but on the assumption that its very existence may cause others not before the court to refrain from constitutionally protected speech or activity because it is overbroad. d. The scope of freedom of expression of the broadcast media has the same scope as the freedom of expression of the print media. 3. One of these statements is not correct:

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a. The exercise of freedom of speech should not be allowed if the audience is hostile. b. Under the dangerous tendency test, speech may be punished if there is a rational connection between the speech and the substantive evil which the law seeks to prevent. c. Under the clear and present danger test, the evil consequences sought to be prevented must be extremely serious and its imminence must be extremely high. d. Under the balancing-of-interests test, conflicting social values and individual interests should be weighed, such as, the social value and importance of the freedom restricted by law and the value and importance of the public interest sought to be protected. 4. One of these statements is not correct: a. Freedom of the press includes freedom of access to information. b. Freedom of the press includes freedom of circulation. c. Freedom of expression is protected even if it involves a commercial activity for monetary profit. d. Freedom of press prohibits subjecting the print media to the value added tax. 5. One of these statements is not correct: a. When a restraint on freedom of speech is content-based, its validity must be given the strictest scrutiny. b. When a restraint on freedom of speech is content-based, its validity should be subjected to the clear and present danger test. c. When a restraint on freedom of speech is content-based, it must be justified by a compelling government interest and the restriction must not be overbroad or vague. d. The validity of a law prohibiting the publication of the results of poll survey, four days before the election must be subjected to strictest scrutiny. 6. One of these statements is not correct: a. When a restraint on freedom of speech is content-neutral, but it controls merely the time, place, or manner should be tested by an intermediate approach. b. The elements of the intermediate approach are inclusion of the regulation under the constitutional power of the government, substantial governmental interest, absence of relation between the two, and limitation of the restriction to what is essential. c. The difference in the treatment of the scope of the freedom of expression of broadcast media and the print media is due to the accessibility of the broadcast media to children. d. The clear and present test does not apply equally to the broadcast media and the print media. 7. One of these statements is not correct: a. The right to peaceably assemble and to petition for redress of grievances enjoys primacy in constitutional protection. 75

b. A permit fior a public assembly can only be denied on the ground of clear and present danger to public order, public safety, public convenience, public morals or public health. c. The permit for a peaceable assembly may reasonably designate a different place or time from what was applied for. d. The requirement that an assembly must be held for a lawful cause makes the regulation of public assembly content-based. 8. One of these statements is not correct: a. For a defamatory false statement against a public official relating to his official conduct to be libelous, it must be made with knowledge that it was false or with reckless disregard of whether it was false or not. b. The foregoing does not apply to someone who is not a public official. c. Symbolic speech, which involves actions, is protected by freedom of speech. d. Vulgar and grossly offensive words are protected by freedom of speech. 9. The following are the guidelines for determining if a work is obscene: a. Whether the average person, applying contemporary standards, will find the work, taken as a whole, appeals to prurient interest. b. Whether the work depicts sexual conduct in a patently offensive way. c. Whether the works, taken as a whole, lacks serious literary, artistic, political or scientific value. d. Whether the work is not suitable for minors. I. A. 1. Freedom of Religion Prohibition against Establishment of Religion One of these statements is not correct: a. A law requiring employers to give employees a day of rest once a week if it is required to coincide with the day preferred by the employee for religious reasons is not valid. b. A law providing that a closed shop provision in a collective bargaining agreement shall not apply to employees who are members of religious sects which prohibit them from joining labor unions is valid. c. The expenditure of public funds for a legitimate secular purpose is constitutional even if it might incidentally benefit a religious sect. d. The government may extend financial assistance to sectarian schools if it has a seculiar legislative purpose, it neither advances not inhibits religion, and it does not result in excessive governmental entanglement with religion. B. 1. Freedom of Religion One of these statements is not correct:

76

a. Religious sects cannot be required to get a mayors permit to sell Bibles. b. The sale of religious articles can be made subject to the value added tax. c. A student in a public school can be dismissed for refusing to take part in the flag ceremony for religious reasons. d. The video tapes of the television programs of a religious sect cannot be disapproved for criticizing other religions. 2. One of these statements is not correct: a. The courts can review if the invocation of religious freedom is being made in good faith or not. b. The dismissal of a religious minister for alleged misappropriation of funds can be questioned before the National Labor Relations Commission. c. The expulsion of a member of a religious sect for breach of discipline can be questioned in court. d. Strict scrutiny of compelling state interest is the test that should be adopted in case of conflict between freedom of religion and police power in accordance with the benevolent neutrality accommodation approach. 3. One of these is not a question in the strict scrutiny test of compelling state interest: a. Has the law created a burden on the free exercise of religion? b. Is there a sufficiently compelling interest to justify the infringement of religious freedom? c. Has the state used the least intrusive means? d. Is the governmental interest unrelated to the infringement of freedom of religion? J. A. 1. Liberty of Abode and Right to Travel Liberty of Abode One of these statements is not correct: a. Liberty of abode can be impaired only within the limits prescribed by law. b. A lawful court order is required to impair liberty of abode. c. The guarantee of liberty of abode does not prohibit hamletting. d. A court order requiring the accused to notify it before transferring his residence during the pendency of his case is valid. B. 1. Right to Travel One of these statements is not correct: a. The right to travel of a Filipino citizen does not include the right to return to the Philippines. b. The President can impair the right to travel even without an enabling law because of his duty to protect the people, to maintain peace and order, and to promote their general welfare.

77

c. An executive officer authorized by law can impair the liberty to travel in the interest of national security, public safety or public health without the need of a court order. d. The grounds of national security, public safety and public interest for impairment of the right to travel applies to court orders. 2. One of these statements is not correct: a. A court can order the cancellation of the passport of an accused who is abroad and must be arraigned. b. An accused cannot ask for leave of court to go abroad to negotiate a contract. c. The mere fact that an accused is ill entitles him to be allowed to go abroad for medical treatment. d. Prohibiting motorcycles on limited access highways does not violate the right of its owner to travel. K. 1. Right to Information One of these statements is not correct: a. The guarantee of the right to information on matters of public concern is self-executory. b. Filipino citizenship gives a party standing and personal interest to invoke the right to information. c. The right to information guarantees access to official records and also the rights to be given a list of borrowers of government financial institutions. d. The right of access to official records extends to governmentowned or controlled corporation. 2. One of these is not covered by the right to information: a. b. c. d. 3. Eligibility of appointees in the civil service. Government contracts. Negotiations for settlement of a sequestration case. Recommendations and communications during the exploratory stage for settlement of a sequestration case.

One of these is not covered by the right to information: a. b. c. d. Government contracts. Negotiations leading to a government contract. Names of the nominees of a party list group. Questions and answers used in a licensure examination.

4.

One of these is not covered by the right to information: a. Negotiations for agreement with the Moro Islamic Liberation Front. b. Diplomatic negotiations. c. Court decisions. d. Source code of the automated election.

5.

One of these statements is not correct:

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a. Matters involving national security are not covered by the right to information. b. Pleadings and other documents filed by parties to a case are not necessarily covered by the right to information. c. A plaintiff who sued the deceased for damages has no right to examine the inventory of assets filed in the proceeding to settle the estate of the deceased. d. Government agencies may regulate the manner of inspection of government records. L. 1. Right to Form Associations One of these statements is not correct: a. The right to form associations is limited by police power. b. Government employees can form labor unions but are not allowed to go on strike. c. Managerial employees may be prohibited from forming labor unions. d. It is unconstitutional to prohibit political parties from participating in barangay elections. M. 1. The Power of Eminent Domain One of these statements is not correct: a. The power of eminent domain can be delegated by a law granting general authority to expropriate private property. b. The power of eminent domain can be delegated to public utilities. c. The power of eminent domain cannot be delegated to mining companies. d. The courts can review if an authority given the power of eminent domain is acting within its scope. 2. One of these statements is not correct: a. The courts can review the public purpose of the expropriation. b. The courts can review the necessity of the taking. c. The courts can review the choice of the property to be expropriated. d. A parcel of commercial land can be expropriated for socialized housing. 3. One of these is not an element of taking: a. b. c. d. 4. There must be an entry into private property. The entry must be permanent and not merely momentary. The entry should be under warrant of legal authority. The owner need not be deprived of the beneficial enjoyment of the property.

One of this is not taking: a. An action for right of way for the construction of towers for electric transmission wires. 79

b. Requiring the print media to give free space for political advertisements. c. Requiring memorial parks to set aside a portion of their area for burial of the poor. d. The destruction of a house falling into decay. 5. One of these is not taking: a. Requiring shopping centers to provide parking spaces to customers for free. b. Limiting wholesome properties like recreational establishments to a use which cannot reasonably be made of them. c. Prohibiting the construction of all kinds of structures on a parcel of land. d. Destruction of properties to prevent the spread of fire. 6. One of these is not taking for public purpose: a. b. c. d. 7. Socialized housing. Agrarian reform. Tourist resort. Recreational facilities for a private subdivision.

One of these is not correct: a. Just compensation refers to the fair market value of the property sought to be expropriated at the time of its taking. b. The presidential decree conclusively fixing the just compensation at the market value declared by the owner or determined by the assessor, whichever is lower, is void. c. The law authorizing the Department of Agrarian Reform to determine the just compensation for land being expropriated but subject to judicial is valid. d. Making the just compensation for agrarian reform partially in the form of bonds is unconstitutional,

8.

One of these statements is not correct: a. The right of the owner of a parcel of land which was taken for public use without filing an expropriation case to sue for just compensation prescribes in ten years. b. The owner of the property expropriated is entitled to an award of legal interest in case of delay in the payment of just compensation. c. The owner of the property expropriated can recover the property if the government fails to pay just compensation within five years from finality of the judgment in the expropriation case. d. If the purpose for which the property was expropriated was abandoned, the owner can ask for its return.

N. 1.

Prohibition against Impairment of the Obligation of Contracts One of these statements is not correct: a. A law impairs the obligations of a contract if it changes its terms between the parties, either in the time or mode of performance, imposes new conditions, dispenses with those expressed, or 80

authorizes for its satisfaction something different from that provided in its terms. b. Timber licensing agreements are not contracts but licenses and can be cancelled when so required by national interest. c. Mining agreements are licenses and can be cancelled when so required by national interest. d. Remedies for enforcement of contracts cannot be repealed retroactively. 2. One of these statements is not correct: a. A law regulating the procedure for cancellation of existing contracts is valid. b. A law cancelling the mortgage over the properties of the debtor of banks is unconstitutional. c. A conservator of a bank can cancel valid contracts entered into by the bank because of his power to revoke any action of the management. d. The provisions of existing laws which are pertinent to a contract are deemed incorporated into the contract. 3. One of these statements is incorrect: a. The value added tax can be extended to existing contracts because the reservation of the power of taxation is deemed incorporated in contracts. b. A tax exemption conferred by law can be repealed, but the repeal cannot be applied to existing contracts. c. The prohibition against the impairment of the obligations of contracts is subject to the police power of the State. d. The prohibition against the impairment of the obligations of contracts is subject to the social justice provision in the Constitution. 4. One of these statements is not correct: a. A zoning ordinance reclassifying an area as industrial prevails over a contractual provision in the sales contracts limiting the use of the lots to residential purposes. b. A law prohibiting the sale of blood to commercial blood banks by requiring the closure of commercial blood banks. c. A law requiring the buyer at the foreclosure sale of lots mortgaged by a real estate developer to deliver to lot buyers who have fully paid their titles even if the buyer at the foreclosure sale has not been fully paid for the total debt is unconstitutional. d. A law authorizing lot buyers on installment basis to suspend payment if the real estate developer failed to develop the subdivision can be applied retroactively. O. 1. Rights during Investigations The rights during investigations apply to one of these: a. Statements made as part of the res gestae. b. An admission volunteered without being interrogated. c. An admission made to a private party. 81

d. An admission made to a newspaper reporter who was cooperating with a police investigator. 2. The rights during investigations apply to one of these: a. Filling up of official forms by an accountable officer during an audit. b. Participation in a police line-up. c. Participation in a police line-up after police investigation has started. d. Photographing of the suspect. 3. The rights during investigations apply to one of these: a. b. c. d. 4. Removal of incriminating personal items from a suspect. Subjecting the hands of a suspect to ultra-violet radiation. Re-enactment of the commission of a crime. Administrative investigation.

The rights during investigations do not apply to one of these. a. Preliminary investigation. b. Signing a document stating that the articles constituting evidence of the commission of a crime were taken from the subject. c. Signing by a postman of the mail matters he stole. d. Removal of hair strands from a suspect for forensic examination.

5.

The rights during investigation are not applicable in one of these: a. When the investigation ceases to be a general inquiry upon an unsolved crime and begins to focus on a particular suspect. b. When a police investigator asks a person under custody if he knew who committed a crime. c. When police investigators investigating a killing asked several laborers in a construction site where they were at a certain time. d. When money stolen by a suspect is taken from his house.

6.

One of these is not required to be included in the warning to be given a suspect under interrogation. a. b. c. d. He has the right to remain silent. If he gives a statement, it may be used as evidence against him. He has the right to be assisted by a lawyer. He has the right to communicate with his lawyer.

7.

When a suspect being interrogated is informed of his rights under interrogation, one of these is not applicable: a. He must be asked if he wishes to avail himself of his constitutional rights. b. He must be asked if he had a lawyer in mind, if he wishes to be assisted by a lawyer, and if he could afford to have such lawyer. c. If he wishes to be assisted by a lawyer and cannot afford to hire a lawyer, he must be asked if he will agree to be given a lawyer.

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d. He need not be informed that if he wishes to waive his constitutional rights, he must be assisted by a lawyer. 8. One of these statements is not correct: a. The lawyer assisting a suspect under investigation must explain his constitutional rights, the consequences of his waiver of his rights, the admissibility of his confession, and the possibility of his conviction. b. The lawyer assisting a suspect must be present during his waiver of his constitutional rights and during the entire duration of the investigation. c. If a suspect remains silent while his co-accused implicated him during an investigation, his silence cannot be used against him as implied admission of guilt. d. When an extrajudicial confession of the accused is offered in evidence against him, it is presumed that official duty was regularly performed during the investigation. 9. The lawyer assisting a suspect under investigation is independent if he is: a. b. c. d. 10. Public prosecutor Mayor City attorney Lawyer provided by the investigator

The lawyer assisting a suspect under investigation is independent if he is a: a. b. c. d. Punong Barangay Lawyer in the staff of the mayor Lawyer regularly engaged by police investigators for suspects A lawyer from the Public Attorneys Office

11.

One of these statements is not correct: a. A retired government lawyer is an independent lawyer for a suspect. b. For an extrajudicial confession to be admissible; (1) it must be voluntary; (2) it must be made with the assistance of competent and independent counsel; (3) it must be express; and (4) it must be in writing. c. If an extra-judicial confession is inadmissible in evidence, evidence discovered because of it is also inadmissible. d. Extrajudicial confessions which are inadmissible in evidence against those who gave them are admissible in evidence against their co-accused.

P. 1.

Right to Bail One of these statements is not correct: a. The right to bail cannot be waived. b. The right to bail does not apply to court martial proceedings. c. The right to bail in extradition proceeding is not based on the Constitution. 83

d. The right to bail is not suspended if the privilege of the writ of habeas corpus is suspended. 2. One of these statements is not correct: a. A detained person can apply for bail even if he has not yert been charged in court. b. The constitutional right to bail subsists even during appeal. c. Bail may be denied if the accused is charged with an offense punishable by reclusion perpetua or a higher penalty and the evidence of guilt is strong. d. A Senator may be granted bail even if he is charged with an offense punishable by reclusion perpetua and the evidence of guilt is strong if the likelihood of his escaping is almost nil. 3. One of these statements is not correct: a. If reclusion perpetua or a higher penalty is imposable in case of conviction of the accused, the prosecution need not prove that in case of conviction that will be the penalty. b. If no aggravating circumstance was alleged in the information and in case of conviction of the accused the penalty will not be reclusion perpetua or higher, the accused is entitled to bail. c. A person under 18 years of age charged under the Revised Penal Code is entitled to bail if the penalty for the crime charged is reclusion perpetua, because his penalty in case of conviction will be one degree lower. d. The court can require the bail of the accused to be in the form of cash. Q. 1. Right to Due Process One of these statements is not correct: a. An administrative agency cannot be granted jurisdiction over criminal cases. b. The live television coverage of trials should not be allowed. c. A judge should be disqualified if massive publicity surrounded the trial of a case. d. A judge who stated in his decision convicting the accused of arson that he burned his office to destroy the evidence of his malversation should be disqualified to try the malversation case. R. 1. Presumption of Innocence One of these statements is not correct: a. A law creating a presumption of guilt is valid if the prosecution is required to prove certain facts, the inference of guilt has a logical connection to the facts proven, and the accused is given the opportunity to rebut the presumption. b. A presumption that an accountable officer who failed to produce the money under his charge upon demand is presumed to have malversed it is valid. c. A presumption that a drawer of check which was dishonored for insufficiency of funds was aware of it when he drew the check

84

acted with deceit if he failed to deposit the amount to cover the check within three days from receipt of notice is valid. d. The presumption that the possessor of a stolen article was the fence who bought it from the thief or robber is unconstitutional. 2. One of these statements is not correct: a. The presumption that the drawer of check which was dishonored for insufficiency of funds knew of the insufficiency if he did not pay the holder within five days after notice of dishonor is valid. b. The presumption that the possessor of fish caught by using illegal methods is presumed to have engaged in illegal fishing is valid. c. The presumption that a public officer who acquired property during his incumbency in an amount manifestly out of proportion to his salary and other legal income acquired the property unlawfully is valid. d. The accused who failed to testify can be presumed to be guilty. S. 1. Right to be Heard by Himself and Counsel One of these statements is not correct: a. The accused has the right to be defended by a lawyer of his own choice. b. The court may appoint a counsel de oficio if the accused fails to hire a lawyer of his own choice within a reasonable period. c. If the accused has no lawyer during the arraignment, the court should inform him of his right to counsel and wait until he is represented by counsel before arraigning him. d. The promulgation of decision convicting the accused is void if the lawyer of the accused was absent. 2. One of these statements is not correct: a. The accused can waive his right to counsel if he is competent to protect his rights without the assistance of counsel. b. The conviction of the accused should be set aside if it turned out that the person who defended him was not a lawyer but an impostor. c. The conviction of the accused should be set aside if the lawyer who represented him is guilty of simple negligence in handling his defense. d. The conviction of the accused should be set aside if the lawyer who defended him was grossly negligent. T. 1. Right to be Informed The bases for the right to be informed does not include: a. To enable the accused to prepare his defense. b. To enable the accused to invoke his right against double jeopardy. c. To enable the court to determine in case it will convict the accused that the facts alleged are sufficient to support a conviction. 85

d. To enable the accused to engage in plea bargaining. 2. One of these statements is not correct: a. The arraignment of a deaf-mute is valid even if no expert in sign language communicated to him the allegations in the information. b. The arraignment of an accused who is insane is not valid. c. If the caption of the information stated that the accused was being charged of homicide but the information contained an allegation of treachery, he can be convicted of murder. d. The accused can be convicted of a crime different from the one charged in the information if it is included in the crime charged. 3. One of these statements is not correct: a. An accused charged with attempted homicide can be convicted of serious physical injuries instead. b. An accused charged with estafa by means of fraud under Article 315 of the Revised Penal Code can be convicted instead of estafa by means of other deceits under Article 318. c. An accused charged with highway robbery with homicide can be convicted of robbery with homicide instead. d. An accused charged with estafa can be convicted of theft instead. 4. One of these statements is correct: a. An accused charged with malversation cannot be convicted of estafa. b. An accused charged separately with murder and robbery can be convicted of robbery with homicide. c. A father charged with raping his daughter can be convicted of qualified seduction instead. d. An accused charged with acts of lasciviousness can be convicted of attempted rape instead. 5. One of these statements is not correct: a. An accused charged with estafa for issuing a check which was dishonored for lack of funds cannot be convicted for violation of Batas Pambansa Blg. 22 instead. b. An accused charged with rape cannot be convicted of grave coercion instead. c. An accused charged with falsification of a commercial document cannot be convicted of violation of Section 3 (e) of the Anti-Graft and Corrupt Practices Act instead for causing undue injury to the Government. d. An accused charged with falsification of a public document under Article 171 of the Revised Penal Code cannot be convicted under Article 172 instead. 6. One of these statements is not correct:

86

a. If an element of crime was not alleged in the information but it was proven during the trial without objection on the part of the accused, he can be convicted of the crime charged. b. If the method of commission of the crime proved is different from the method alleged in the information, the accused cannot be convicted. c. If it was proven during the trial of a rape case that the crime was committed on a date different from the date alleged in the information, the accused can still be convicted. d. If the information alleged only one count of rape but during the trial it was proven that the accused committed rape twice, the accused can be convicted of only one count of rape. 7. One of these statements is not correct: a. If an information charging several accused did not contain an allegation of conspiracy, each accused can be convicted only for his own acts. b. If the information for rape alleged that the accused was the father-in-law of the victim but the evidence proved that he was the common-law spouse of the mother of the victim, the accused cannot be convicted of qualified rape. c. If the information alleged that the accused was the uncle or cousin of the victim but did not allege he was a relative within the third civil degree, the accused cannot be convicted of qualified rape. d. If the information alleged that the accused was the brother of the victim but did not allege that he was a relative within the second civil degree, the accused cannot be convicted of qualified rape. U. 1. Right to Speedy Trial One of these statements is not correct: a. The right to a speedy trial means a trial free from unreasonable delay. b. In determining if the right of the accused to a speedy trial was violated, the length of the delay, the reason for the delay, the assertion or non-assertion of the right of the accused, and prejudice to the accused should be considered. c. Delay in filing a criminal case against the accused violates his right to a speedy trial. d. The failure of the accused to complain when his case was not decided for nine years constitutes waiver of his right to a speedy trial. V. 1. Right to Public Trial One of these statements is not correct: a. The test for determining if the right of the accused to a public trial violated is whether the public was actually excluded from the place where the trial was held. b. The holding of a trial inside the chambers of the judge instead of the courtroom violates the right of the accused to a public trial.

87

c. The court can exclude the public from the courtroom for the sake of decency or public morals. d. The accused can waive his right to a public trial. W. 1. Right of Confrontation One of these statements is not correct: a. The affidavit of a witness who was not presented in court cannot be used as evidence against the accused. b. The decision against the accused in a case for estafa cannot be used as evidence against him in a case for large scale illegal recruitment. c. The testimony of a witness against the accused should be stricken out if his cross-examination had barely started. d. Even if a witness was extensively cross-examined, his testimony should be stricken out if the cross-examination was not completed for failure of the witness to appear. 2. One of these statements is not correct: a. The right of confrontation can be waived expressly. b. The right of confrontation is deemed waived if the lawyer of the accused had the opportunity to cross-examine the witness but failed to do so. c. The court cannot limit the time for further cross-examination of a witness even if he has been cross-examined for seven days. d. The court can preclude the cross-examination of a witness on irrelevant matters. X. 1. Right to Compulsory Process One of these statements is not correct: a. The right to compulsory process covers not only testimonial but also documentary evidence. b. The court can consider a case submitted for the decision if one of the two witnesses for the accused can no longer be located and the other witness failed to appear twice because the subpoenas were received only a few days before the trial. c. The court can refuse to allow the taking of the testimonies of witnesses for the accused by deposition abroad if their testimonies are merely corroborative. d. An accused charged with illegal recruitment cannot require that all the records that served as basis for the official certification that he had no license to produce. Y. 1. Right to Be Present One of these statements is not correct: a. The accused may be tried in absentia if he has already been arraigned, he was duly notified, and his failure to appear was unjustifiable. b. If the accused waived his right to be present, he cannot be compelled to appear for identification by witnesses against him.

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c. The accused can be compelled to appear if he stipulated that the witnesses against him could identify him. d. The accused is deemed to have waived his right to be present if he escaped. Z. 1. Right to Speedy Disposition of Cases One of these statements is not correct: a. The right to the speedy disposition of cases applies to civil, criminals and administrative cases. b. In determining if this right was violated, the length of the delay, the reason for the delay, the assertion or non-assertion of the right, and prejudice to the party concerned should be considered. c. The delay in the disposition of a case is excused if the issues are complex. d. A delay of almost three years in the resolution of the preliminary investigation of a case is not unreasonable. AA. 1. Right Against Self-Incrimination One of these statements is not correct: a. The right against self-incrimination cannot be invoked by a corporation, because it is available to natural persons only. b. The right against self-incrimination cannot be invoked against the presentation of object evidence. c. The right against self-incrimination cannot be invoked by a public officer against the production of public records of employees in his office. d. The right against self-incrimination does not apply to production of the private papers of the accused. 2. One of these statements is not correct: a. The right against self-incrimination is applicable to a civil case for forfeiture of property. b. The right against self-incrimination is applicable to an administrative case which is disciplinary in character. c. An accused can be compelled to give specimens of his handwriting. d. A suspect can be required to put his foot in a plaster cast of a footprint found at the scene of a crime. 3. One of these statements is not correct: a. The positive result of the examination of the accused in a rape case for sexually transmitted disease can be used as evidence against him if the victim contracted the same disease as a result. b. A suspect can be fingerprinted to see if his fingerprints match those taken from the scene of the crime. c. A suspect in a murder case can be compelled to submit to a paraffin test. d. A suspect cannot be compelled to try a wearing apparel left at the scene of a crime. 89

4.

One of these statements is not correct: a. A suspect can be required to take part in a police line-up. b. A driver can be subjected to a blood test to determine if he was drunk while driving. c. An accused charged with rape cannot be required to submit to a DNA test. d. The hands of a suspect in a case for selling marijuana can be subjected to ultra-violet ray radiation to determine if he touched the money dusted with fluorescent powder paid to him.

5.

One of these statements is not correct: a. If the accused testifies in his own behalf, he can be crossexamined like any other witnesses. b. A person can be compelled to testify about a crime he committed if the crime has prescribed. c. A law cannot require persons to testify if the testimony will be incriminating and they will not be immune from criminal prosecution but their testimonies cannot be used against them. d. A law can require persons to testify even if their testimony will be incriminating but they can no longer be prosecuted for the crime they committed.

BB. 1.

Prohibition against Involuntary Servitude One of these statements is not correct: a. The right against involuntary servitude covers slavery and peonage. b. A convict can be compelled to perform work as a punishment for crime. c. In the defense of the State, all citizens may be compelled to render personal military or civil service. d. A seaman who signed up for a voyage cannot be prevented from abandoning the vessel while the voyage is not yet completed.

2.

One of these statements is not correct: a. Parents can order their children to perform household works. b. Because of police power, able-bodied men may be required to work on public roads and bridges. c. A court stenographer cannot be cited for contempt to compel him to transcribe his stenographic notes. d. Striking employees may be required by law to return to work.

CC. 1.

Prohibited Punishments One of these statements is not correct: a. A penalty is cruel and inhuman if it involves torture or wanton suffering. b. A penalty is degrading if it unnecessarily humiliates the convict. c. The imposition of the death penalty by lethal injection is constitutional. 90

d. Solitary confinement is unconstitutional. 2. One of these statements is not correct: a. The mere fact that a penalty is severe does not make it constitutional. b. A penalty is unconstitutional if it is so disproportionate to the crime as to shock the moral sense of reasonable men as to what is proper. c. To determine if a penalty is excessive, the nature and gravity of the offense, the harshness of the penalty, the moral depravity of the convict, the severity of the penalty for other comparable crimes, the attitude of the public, and the legislative purpose should be considered. d. Imprisonment for 15 years as a penalty for falsification of a public document is not excessive. 3. One of these statements is not correct: a. Reclusion perpetua as a penalty for robbery with homicide is not excessive. b. Reclusion temporal as a penalty for malversation of P22,000 is not excessive. c. Life imprisonment as a penalty for selling prohibited drugs is not excessive. d. Reclusion perpetua as a penalty for estafa involving P100,000 is excessive. DD. 1. Prohibition against Imprisonment for Debt and Non-Payment of Poll Tax Imprisonment cannot be imposed as a penalty for violation of one of these sources of obligations: a. b. c. d. e. 2. Law Contracts Quasi-contracts Delicts Quasi-delicts

One of these statements is not correct: a. A poll tax is a tax of a fixed amount imposed upon each person. b. Fraud in contracting an obligation can be penalized. c. A husband cannot be cited for contempt for disobedience to a court order to pay support to his family. d. A lessee cannot be cited for contempt for failure to pay the back rentals awarded in a court decision.

3.

One of these statements is not correct: a. Batas Pambansa Blg. 22, which penalizes the issuance of a check without funds to pay for an obligation, is constitutional. b. The Trust Receipt Law, which penalizes failure to comply with the obligation of a trustee to pay the trustor, is constitutional. c. Subsidiary imprisonment can be imposed upon a convict for failure to pay the fine imposed upon him, 91

d. A contractor who bound himself to render personal services can be cited for contempt for failure to comply with a court decision for specific performance. EE. 1. Prohibition against Double Jeopardy One of these is not a requisite of double jeopardy: a. b. c. d. 2. A first jeopardy must have attached. The first jeopardy was validly terminated. The termination was a judgment on the merits. The second jeopardy is for the same offense.

One of these is not a requisite for a first jeopardy to attach: a. b. c. d. The court must have jurisdiction. There must be a valid complaint or information. The accused was arraigned and entered a valid plea. The prosecuted has started presenting evidence.

3.

One of these statements is not correct: a. The transfer of a case from the Regional Trial Court to the Sandiganbayan because of its lack of jurisdiction does not give rise to double jeopardy. b. The dismissal of a case because the information did not charge an offense does not give rise to double jeopardy. c. The motu proprio dismissal of a case by the court because the accused should not be tried, for lack of probable cause will give rise to double jeopardy. d. The dismissal of a case because the information filed by a city prosecutor involved an offence committed outside the city will not give rise to double jeopardy.

4.

One of these statements is not correct: a. The dismissal of a case upon motion of the prosecution because of the approval of the motion for reinvestigation filed by the accused before his arraignment will not give rise to double jeopardy. b. The filing by the accused of a manifestation stating that he was pleading not guilty is not a valid way of pleading. c. The arraignment of the accused for a charge of homicide while the heirs of the victim had a pending appeal to the Secretary of Justice to amend the charge to murder is not valid. d. The entry by the court of a plea of not guilty for the accused because of his refusal to enter a plea cannot give rise to double jeopardy.

5.

One of these statements is not correct: a. The amendment of the information so as to allege aggravating circumstances will not give rise to double jeopardy. b. The retaking of the testimonies of the witnesses because the stenographic notes were lost will not give rise to double jeopardy.

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c. The conviction of the accused for an offense lesser than the one charged in the information will preclude the appellate court from convicting the accused of the crime charged if the accused moved to withdraw his appeal even if the motion was denied. d. The first jeopardy is terminated in case of the conviction of the accused, his acquittal, the dismissal of the case, or the termination of the case. 6. One of these statements is not correct: a. The conviction of the accused upon his plea of guilty to a lesser offense despite the objection of the prosecution will not give rise to double jeopardy. b. The conviction of the accused for rape based on his offer to plead guilty on condition he would be given a light penalty, which the court granted, will give rise to double jeopardy. c. The dismissal of a case because of the execution by the complainant of an affidavit of desistance will not give rise to double jeopardy. d. The withdrawal of the case by the prosecution after the arraignment of the accused will give rise to double jeopardy. 7. One of these statements is not correct: a. The dismissal of a case on the ground of prescription will give rise to double jeopardy. b. The dismissal of a case upon filing by the accused of a demurrer to the evidence will give rise to double jeopardy. c. The dismissal of a case on the ground of double jeopardy will give rise to double jeopardy. d. The dismissal of a case for grave threats upon motion of the accused on the ground that the charge should have been for disturbance of a public assembly will give rise to double jeopardy. 8. One of these statements is not correct: a. The discharge of an accused to be a state witness will give rise to double jeopardy if he testified against his co-accused. b. There is identity of offenses if an offense is an attempt or frustration of the other offense or necessarily includes or is necessarily included in the other offense. c. Prosecution for one of the offenses constituting a complex crime will not bar a separate prosecution for the other offense included in it. d. If several persons were injured because of the same act of reckless imprudence, separate cases cannot be filed for each of them. 9. One of these statements is not correct: a. Consented abduction and qualified seduction are not identical offenses. b. Reckless imprudence resulting in homicide and abandonment of ones victim are different offenses. c. Rape and qualified seduction are different offenses. d. Robbery and theft are different offenses. 93

10.

One of these statements is not correct: a. If the accused was charged with less serious physical injuries but the injuries required medical attention for more than 30 days, he can no longer be charged with serious physical injuries. b. A drawer of a check which was dishonored for lack of funds can be charged with estafa and violation of Batas Pambansa Blg. 22. c. A person who recruited workers and had no license can be charged with estafa and illegal recruitment. d. A public officer who falsely certified that a project was completed can be charged with falsification of a public document and violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act for causing injury to the government.

11.

One of these statements is not correct: a. A public officer can be charged with receiving a bribe under the Revised Penal Code and violation of Section 3(b) of the AntiGraft and Corrupt Practices Act for requesting a bribe. b. If an act is punished by a law and an ordinance, conviction or acquittal under either shall bar another prosecution for the same act. c. An accused acquitted of violating an ordinance which penalized the installation of an electrical jumper can be charged with theft of electricity. d. An accused convicted of violating an ordinance which penalized failure to use a seat belt in motor vehicles cannot be prosecuted under Republic Act No. 8750, which penalizes the failure to use seat belts in a motor vehicle.

12.

One of these statements is not correct: a. If an accused whose lawyer asked the private prosecutor to give his conformity to a motion for postponement but the accused was acquitted for failure of the complaining witness to appear at the scheduled hearing, the case can be reinstated. b. If an accused was acquitted because of political pressure on the trial judge, the acquittal can be set aside. c. The acquittal of an accused because the prosecutor rested the case despite his awareness that he had not yet presented sufficient evidence can be set aside. d. The acquittal of the accused because of the gross misappreciation of the evidence by the trial court can be set aside.

13.

One of these statements is not correct: a. The prosecution cannot question the acquittal of the accused by filing a petition for certiorari because of the grave abuse of discretion of the trial court in appreciating the evidence. b. The prosecution cannot question the acquittal of the accused by filing a petition for annulment of judgment because it was based on falsified documents presented by the defense.

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c. The employer of a bus driver who was convicted of reckless imprudence resulting in homicide can appeal the criminal conviction of the driver. d. If the accused who was charged with murder was convicted of homicide, the prosecution cannot move for a reconsideration of the decision. 14. One of these statements is not correct: a. If an accused charged with murder and convicted of homicide filed a motion for reconsideration, the trial court can amend the decision by convicting him of murder. b. If an accused charged with murder and convicted of homicide appealed, the accused can be convicted of murder on appeal. c. If the accused charged with rape was acquitted on reasonable doubt, the complainant can appeal for the sole purpose of recovering civil damages. d. If an accused charged under the Trust Receipt Law was adjudged civilly liable for the obligation secured by the trust receipt but for a lesser amount than the amount actually due, the complainant can appeal to have the amount increased. FF. 1. Ex Post Facto Law The constitutional prohibition against the enactment of ex post facto does not apply if: a. An extradition treaty provides that it will apply retroactively. b. A law makes criminal an act done before its passage and punishes such act retroactively. c. A law qualifies a crime and applies retroactively. d. A law inflicts a greater punishment upon a crime and applies retroactively. 2. The constitutional prohibition against the enactment of ex post facto laws applies if: a. A law authorizes conviction upon less or different testimony than was required when the crime was committed and applies retroactively. b. A law, assuming to regulate civil rights and remedies only, imposes a penalty or deprivation of the right retroactively. c. A law deprives a person accused of a crime of a lawful protection to which he was entitled. d. A law allowing an accused to apply for probation was amended retroactively to disqualify him to apply for probation if he appealed. 3. One of these statements is not correct: a. A law extending the prescriptive period by a crime cannot apply to crimes committed before the amendment. b. A civil case cannot be filed against a public officer for forfeiture of property unlawfully acquired before Repulbic Act No. 1379 took effect.

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c. The Anti-Money Laundering Council cannot look into deposits of foreign currency made before the effectivity of the Anti-Money Laundering Act. d. A Supreme Court decision reversing a doctrine of criminal law which was favorable to the accused can be applied retroactively. 4, One of these statements is not correct: a. A law providing for the transfer of criminal cases to another court is not ex post facto. b. A law expanding the jurisdiction of the Sandiganbayan is not an ex post facto. c. A law prohibiting lessees from sub-leasing without the written consent of the lessor is not ex post facto. d. A law penalizing a real estate developer who continues in his failure to deliver the title to a buyer who has paid in full for the lot he is buying after the effectivity of the law penalizing it is ex post facto. GG. 1. Writ of Amparo One of these statements is not correct: a. A writ of amparo is a remedy available to any person whose right to life, liberty and security is violated and threatened with violation by an unlawful act of a public official or employee, or of a private individual or entity. b. The writ of amparo covers extralegal killings and enforced disappearances or threats of them. c. The writ of amparo is preventive and curative, because it breaks the expectation of impunity in extralegal killings and enforced disappearances and facilitates the punishment of the perpetrators as it will yield leads to investigation and action. d. The right to security is not independent of the right to liberty. 2. One of these statements is not correct: a. The right to security includes (i) freedom from fear; (ii) guarantee of bodily and psychological integrity or security; (iii) guarantee of protection of ones rights by the government. b. The writ of amparo is not a remedy to determine criminal guilt, liability for damages, or administrative responsibilities. c. In a petition for a writ of amparo, a military commander cannot be included either on the basis of command responsibility or accountability due to acquiescence. d. The writ of amparo is not available to protect concerns that are purely property or commercial, such as, the ejectment of defendants in a forcible entry case. HH. 1. Writ of Habeas Data One of these statements is not correct: a. The writ of habeas acts is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or 96

employee or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party. b. The writ of habeas data is not available to compel an employer to give information regarding alleged threats which were the basis of its decision to transfer an employee. c. The writ of habeas is not available to protect property or commercial rights, such as, the employment of an employee who was transferred. d. The writ of habeas data is available to compel the police authorities to produce a report regarding the burning of the houses of defendants in an ejectment case after they were given a police certification regarding the incident. XI. Citizenship 1. One of these is not a Filipino citizen: a. Those who are citizens at the time of the adoption of the Constitution. b. Those whose fathers or mothers are citizens of the Philippines. c. Those born before January 17, 1973 of Filipino mothers. d. Those who are naturalized in accordance with law. 2. One of these statements is not correct: a. For a child to be a Filipino citizen, the father or mother must be a Filipino citizen at the time of his birth. b. The illegitimate child of a foreign father and a Filipino mother is a Filipino citizen. c. The illegitimate child of a Filipino father and a foreign mother is not a Filipino citizen. d. If the child of a Filipino mother and an American father was born in the United States, he is a Filipino citizen. 3. One of these statements is not correct: a. For the child of a Filipino mother who was born before January 17, 1973 to qualify to be a Filipino citizen, it is enough that the mother be a Filipino at the time of her marriage to an alien spouse. b. For the child of a Filipino mother who was born before January 17, 1973 to be a Filipino citizen, he must elect Philippine citizenship upon reaching the age of majority. c. For the election of Filipino citizenship by the child of a Filipino mother who was born before January 17, 1973 to be valid, he must sign a sworn statement expressing his election of Philippine citizenship accompanied with an oath of allegiance and file it with the civil registry within 3 years from his reaching the age of majority. d. If the foreign father of a child born of a Filipino mother before January 17, 1973 became a naturalized Filipino citizen during the minority of the child, the child must still elect Philippine citizenship upon reaching the age of majority. 4. One of these statements is not correct: 97

a. A natural-born Filipino citizen is one who is a Filipino citizen from birth without having performed any act to acquire or perfect his Philippine citizenship. b. The child of a Filipino mother who was born before January 17, 1973 and who elected Philippine citizenship is a natural-born Filipino citizen. c. A natural-born Filipino citizen who became a naturalized citizen of a foreign country and repatriated is not a natural-born Filipino citizen. d. Except in the cases where the Constitution makes a distinction a natural-born Filipino citizen and a naturalized Filipino citizen, a law cannot make a distinction between the two. 5. One of these statements is not correct: a. A foreign woman who marries a Filipino husband acquires Philippine citizenship if she might be lawfully naturalized. b. To establish that she might be lawfully naturalized, the foreign woman who married a Filipino husband need not prove she possesses the required qualifications but only that she possesses none of the disqualifications. c. To establish that she might be lawfully naturalized, a foreign woman who married a Filipino husband must file in court a petition for naturalization. d. To establish that she might be lawfully naturalized, a foreign woman who married a Filipino husband can file with the Bureau of Immigration a petition for cancellation of her alien certificate of registration. 6. One of these is not a ground for the loss of Philippine citizenship: a. Naturalization in a foreign country. b. Taking an oath of allegiance to a foreign country upon reaching the age of majority. c. Rendering services or accepting commission in the armed forces of a foreign country. d. Moving to a foreign country. 7. One of these is not a ground for loss of Philippine citizenship: a. Cancellation of the certificate of naturalization. b. Declaration by competent authority of desertion of the armed forces in times of war. c. Use of a passport of a foreign country if the Filipino citizen possesses dual citizenship. d. Express renunciation of Philippine citizenship. 8. One of these is not a ground for denaturalization under Republic Act No. 9139: a. Philippine citizenship was obtained fraudulently or illegally. b. The naturalized person, his wife, or any of his minor children who acquired Philippine citizenship by virtue of his naturalization established permanent residence in a foreign county within 5 years after the grant of his Philippine citizenship.

98

c. The naturalized person, his wife, or children who acquired Philippine citizenship allows himself to be used as a dummy in violation of naturalization laws. d. The naturalized person, his wife, or children who acquired citizenship committed a crime involving moral turpitude. 9. One of these is not a means for reacquisition of Philippine citizenship: a. b. c. d. 10. Naturalization Repatriation Direct act of Congress Treaty with another country

One of these statements is not correct: a. Under Republic Act No. 8171, a Filipino woman who lost her Philippine citizenship because of her marriage to a foreign spouse can reacquire Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines and registering it with the civil registry and the Bureau of Immigration. b. Under Republic Act No. 9225, natural-born Filipinos who lost their Philippine citizenship by reason of naturalization in a foreign county may reacquire Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines. c. Unmarried minor children of repatriates shall also be deemed citizens of the Philippines. d. A Filipino citizen who repatriated can run for elective office without need of renouncing any foreign citizenship.

XII.

Accountability A. 1. Impeachment The public officers who are not removable by impeachment are: a. b. c. d. 2. The President890 The Vice President891 The Members of the Supreme Court892 Other public officers provided by law893

The public officers who are not removable by impeachment are: a. b. c. d. The Chairmen of the Constitutional Commissions894 The Commissioners of the Constitutional Commissions895 The Ombudsman896 The Over-All Deputy Ombudsman897

3.
890 891

One of these is not a ground for impeachment:

Section 2, Article XII of the Constitution Ibid 892 Ibid 893 Ibid 894 Section 2, Article XII of the Constitution 895 Ibid 896 Ibid 897 Office of the Ombudsman vs. Court of Appeals, 452 SCRA 714

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a. b. c. d. 4.

Culpable violation of the Constitution898 Treason899 Bribery900 Misdemeanor901

One of these is not a ground for impeachment: a. b. c. d. Graft and corruption902 Other high crimes903 Betrayal of public trust904 Commission of a criminal offense905

5.

Betrayal of public trust does not include: a. b. c. d. Betrayal of public interest906 Inexcusable negligence of duty907 Tyrannical abuse of power908 Habitual drunkenness909

6.

Betrayal of public trust does not include: a. b. c. d. Cronyism and favoritism to the prejudice of public interest.910 Obstruction of justice911 Toleration of violation of human rights912 Profanity913

7.

One of these statements is not correct: a. A verified complaint for impeachment may be filed by a Member of the House of Representatives or a citizen with the endorsement of a Member of the House of Representatives.914 b. A vote of at least one-fourth of all the members of the House of Representatives is necessary to affirm a resolution of a case for impeachment or to override a contrary resolution.915 c. If the verified complaint or resolution of impeachment is filed by the required number of votes to file an impeachment case, the complaint shall constitute the articles of impeachment.916 d. The Supreme Court cannot issue a decision compelling Congress to conduct an impeachment trial.917

898 899

Section 2, Article XI of the Constitution Ibid 900 Ibid 901 Ibid 902 Section 2, Article XI of the Constitution 903 Ibid 904 Ibid 905 Ibid 906 Record of the Constitutional Commission, Vol. II, p. 272 907 Ibid 908 Ibid 909 Record of the Constitutional Commission, Vol. II, p. 286 910 Record of the Constitutional Commission, Vol. II, p. 272 911 Ibid 912 Ibid 913 Record of Constitutional Commission, Vol. II, p. 286 914 Section 3 (2), Article XI of the Constitution 915 Section 3 (3), Article XI of the Constitution 916 Section 3 (4), Article XI of the Constitution

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8.

One of these statements is not correct: a. The concurrence of at least two-thirds of all the Members of Senate is necessary to convict in an impeachment case.918 b. No impeachment proceeding can be initiated against the same official more than once within a period of one year.919 c. The one-year prohibition for filing another impeachment case against the same official is counted from the time of filing and referral of the verified complaint to the proper committee of the House of Representatives or the filing of another complaint by the required number of votes of the House of Representatives.920 d. The one-year prohibition against filing another impeachment case against the same official is counted from the time the proper committee to which it was referred finds the complaint is sufficient in form and substance or the House of Representatives overrides the contrary resolution of the proper committee.921

9.

One of these statements is not correct: a. The one-year prohibition against filing another impeachment case against the same official is not violated if two complaints filed on different days were referred to the proper committee on the same day.922 b. The proceedings of an impeachment are subject to review by the Supreme Court.923 c. The Supreme Court can review an impeachment complaint to determine if it constitutes an impeachable offense.924 d. A disbarment case cannot be filed against the incumbent Ombudsman unless he is first removed by impeachment.925

10.

One of these statements is not correct: a. A criminal case cannot be filed against the Ombudsman if the penalty for the offense includes disqualification for public office unless he is first removed by impeachment.926 b. A public official who was convicted in an impeachment case will be removed from office.927 c. An impeachable officer who was convicted will be disqualified to hold any public office under the government.928 d. An impeachable officer who was charged with an impeachable offense but was not convicted cannot be criminally prosecuted for the offenses involved in impeachment case.929

917 918

Romulo vs. Yniquez, 141 SCRA 263 Section 3 (6), Article XI of the Constitution 919 Section 3 (5), Article XI of the Constitution 920 Francisco vs. House of Representatives, 415 SCRA 49 921 Ibid 922 Gutierrez vs. House of Representatives, 643 SCRA 198 923 Francisco vs. House of Representatives, 415 SCRA 44 924 Ibid 925 Jarque vs. Desierto, 250 SCRA xi 926 In re Indorsement from Gonzales, 160 SCRA 771 927 Section 3 (7), Article XI of the Constitution 928 Section 3 (7), Article XI of the Constitution 929 Estrada vs. Desierto, 108

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B. 1.

Sandiganbayan and Ombudsman One of these statements is not correct: a. The Sandiganbayan is a constitutional court.930 b. The appointment of a Deputy Ombudsman for the Military Establishment is discretionary.931 c. The Deputy Ombudsman for the Military Establishment can investigate civilian personnel of the government.932 d. The Special Prosecutor is a subordinate of the Ombudsman.933

2.

One of these statements is not correct: a. The Ombudsman may be reviewed from office by impeachment only.934 b. The Ombudsman has the power that officials and employees of the Office of the Ombudsman, except the Deputy Ombudsmen.935 c. The salaries of the Ombudsman and the Deputy Ombudsmen cannot be decreased during their term of office.936 d. The Office of the Ombudsman does not enjoy fiscal autonomy.937

3.

One of these statements is not correct: a. A naturalized Filipino citizen may be appointed Ombudsman or Deputy Ombudsman.938 b. The Ombudsman and the Deputy Ombudsmen must be at least 40 years of age at the time of their appointment.939 c. The Ombudsman and the Deputy Ombudsmen must be of recognized probity and independence.940 d. The Ombudsman and the Deputy Ombudsmen must be members of the Philippine bar.941

4.

One of these statements is not correct: a. The Ombudsman and the Deputy Ombudsmen must not have been candidates for any elective office in the immediately preceding election.942 b. Deputy Ombudsmen must have for at least ten years been judges or engaged in the practice of law in the Philippines.943

930 931

Section 4, Article XI of the Constitution Section 5, Article XI of the Constitution 932 Agbay vs. Deputy Ombudsman for the Military, 309 SCRA 726 933 Calderon vs. Gonzales, 160 SCRA 31 934 Section 2, Article XI of the Constitution 935 Section 6, Article XI of the Constitution 936 Section 10, Article XI of the Constitution 937 Section 14, Article XI of the Constitution 938 Section 8, Article XI of the Constitution 939 Ibid 940 Ibid 941 Ibid 942 Section 8, Article XI of the Constitution 943 Ibid

102

c. The Ombudsman and the Deputy Ombudsmen are subject to the same disqualifications and prohibitions as the Members of the Constitutional Commission.944 d. The Ombudsman and the Deputy Ombudsmen cannot run for any office in the election immediately succeeding their cessation from office.945 5. One of these statements is not correct: a. The Ombudsman and the Deputy Ombudsmen are appointed by the President from the list of nominees submitted by the Judicial and Bar Council.946 b. The Ombudsman and the Deputy Ombudsmen have the same rank and salaries as the Chairman and Members of the Constitutional Commissions.947 c. The term of the Ombudsman and the Deputy Ombudsmen is seven years.948 d. The Deputy Ombudsmen can be reappointed.949 6. One of these statements is incorrect: a. The Ombudsman can act on anonymous complaints.950 b. The Office of the Ombudsman cannot conduct a preliminary investigation of a crime committed by a public official if it is not connected with the performance of his official duties.951 c. The Office of the Ombudsman has jurisdiction on administrative cases filed against elective local officials.952 d. The Office of the Ombudsman has jurisdiction over administrative cases filed against public school teachers.953 7. One of these statements is not correct: a. The Office of the Ombudsman has no jurisdiction over criminal cases involving officers and employees of government corporations which were not created by special laws.954 b. The Office of the Ombudsman has no authority to impose penalties in administrative cases filed with it against public officials.955 c. The decision of the Ombudsman in administrative cases against public officials are appealable to the Court of Appeals.956 d. Review of the resolution of the Ombudsman in preliminary investigation of criminal cases should be sought by filing a petition for certiorari in the Supreme Court.957 One of these statements is not correct:

8.
944 945

Ibid Section II, Article XI of the Constitution 946 Section 9, Article XI of the Constitution 947 Section 10, Article XI of the Constitution 948 Section 11, Article XI of the Constitution 949 Ibid 950 Almonte vs. Vasquez, 244 SCRA 286 951 Vasquez v. Alinio, 271 SCRTA 67 952 Loxino vs. Office of the Ombudsman, 471 SCRA 342 953 Office of the Ombudsman vs. Masing, 542 SCRA 253 954 Khan vs. Office of the Ombudsman, 495 SCRA 452 955 Office of the Ombudsman vs. Court of Appeals, 491 SCRA 92 956 Gonzales vs. Rosas, 423 SCRA 485 957 Estrada vs. Desierto, 445 SCRA 655

103

a. The right of the state to recover properties unlawfully acquired by public officials cannot be barred by prescription, laches, or estoppel.958 b. The criminal prosecution of public officials for violation of the Anti-Graft and Corrupt Practices Act can be barred by prescription.959 c. The President, the Vice President, the Members of the Cabinet, Congress, the Supreme Court, the Constitutional Commissions, and the Ombudsman cannot obtain a loan for any purpose from a government-owned or controlled bank or financial institution.960 d. A corporation of which a Member of Congress is a majority stockholder cannot obtain a loan for a business purpose from the Development Bank of the Philippines.961 XIII. National Economy and Patrimony A. 1. National Patrimony One of these statements is not correct: a. According to the regalian doctrine, all lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or lumber, wildlife, flora and fauna and other natural resources are owned by the State.962 b. A corporation contracted by the government to reclaim the foreshore and submerged areas cannot be given any portion of the reclaimed land, because they belong to the public domain and private corporations cannot acquire land of the public domain.963 c. The National Housing Authority cannot grant to a private corporation a portion of the foreshore land it was contracted to reclaim for a housing project as compensation.964 d. Airwave frequencies belong to the State as part of its natural resources.965 2. One of these statements is not correct: a. The ancestral lands and ancestral domains of indigenous peoples are not part of the public domain.966 b. The natural resources within ancestral lands and ancestral domains belong to the State in accordance with the regalian doctrine.967 c. Foreigners cannot engage in growing prawns and shrimps even if they will not use water coming from a natural source.968
Section 15, Article XI of the Constitution Presidential Ad Hoc Fact-Finding Committee on Behest Loans vs. Desierto, 317 SCRA 272 960 Section 16, Article XI of the Constitution 961 Ibid 962 Section 2, Article XII of the Constitution 963 Chavez vs. Public Estates Authority, 384 SCRA 152 964 Chavez vs. National Housing Authority, 530 SCRA 235 965 Telecommunications and Broadcast Attorneys of the Philippines vs. Commission on Elections, 289 SCRA 337 966 Cruz vs. Secretary of Environment and Natural Resources, 347 SCRA 128 967 Ibid
959 958

104

d. All natural resources, with the exception of agricultural land, cannot be alienated.969 3. One of these statements is not correct: a. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State.970 b. The State may directly undertake the exploration, development, and utilization of natural resources.971 c. The State may enter into a co-production, joint venture, or production-sharing agreement for the exploration, development, and utilization of natural resources with Filipino citizens or corporations or association at least sixty percent of whose capital is owned by Filipino citizens.972 d. Filipino citizens may not be allowed to engage in small-scale utilization of natural resources without the participation of the State.973 4. One of these statements is not correct: a. The only agreements which the State can enter into with foreign-owned corporations for large scale exploration, developments, and utilization of minerals, petroleum, and other mineral oil, are those involving technical or financial assistance.974 b. A corporation which entered into a timber licensing agreement for twenty-five years, which was renewed for twenty-five years, cannot afterwards apply for an integrated forest management agreement.975 c. In the case of water rights for irrigation, water supply, fisheries, or industrial uses, beneficial use may be the measure and limit of the grant.976 d. In the case of water rights for the development of water power, beneficial use cannot be the measure and limit of the grant.977 5. One of these statements is not correct: a. Private corporations or associations may not hold alienable lands of the public domain except by lease covering an area of not more than 1,000 hectares and for not more than twenty-five years, renewable for not more than twenty-five years.978 b. Filipino citizens may lease not more than 500 hectares of alienable lands of the public domain.979 c. Private corporations cannot purchase disposable land of the public domain which a Filipino citizen occupied under a bona
968 969

Opinion No. 3 of the Secretary of Justice dated July 11, 1998 Section 2, Article XII of the Constitution 970 Section 2, Article XII of the Constitution 971 Ibid 972 Ibid 973 Ibid 974 La Bugal-B-Luau Tribal Association, Inc. vs. Ramos, 445 SCRA 1 975 Alvarez vs. PICOP Resources, Inc. 606 SCRA 444 976 Section 2, Article XII of the Constitution 977 Ibid 978 Section 3, Article XII of the Constitution 979 Ibid

105

fide claim of ownership since June 12, 1945 but was not applied for judicial confirmation.980 d. Filipino citizens may acquire not more than twelve hectares of disposable public land by purchase, homestead, or grant.981 6. One of these statements is not correct: a. The foreign husband of a Filipino woman who sold a parcel of land she acquired by purchase during their marriage cannot have the sale of the land made without his marital consent annulled.982 b. The foreign husband of a Filipino wife can ask for separation of properties and the disposition of the parcel of land she acquired with funds from him to enable him to recover his money.983 c. A Filipino citizen who sold a parcel of land to a foreigner can sue him to recover the parcel of land.984 d. A Filipino citizen who sold a parcel of land to a foreigner cannot sue to recover it if the foreigner resold it to a Filipino citizen.985 7. One of these statements is not correct: a. A Filipino citizen who sold a parcel of land to a foreigner can sue to recover it even if the foreigner has become a naturalized Filipino citizen.986 b. A foreigner who purchased a parcel of land and registered it in the name of Filipino citizen cannot sue to recover the land.987 c. If the land in which a condominium building stands is owned by a condominium corporation, foreigners can own up to forty percent of the units.988 d. A foreign corporation cannot own private land.989 8. One of these statements is not correct: a. A foreigner can own more than forty percent of the shares of stock in a domestic corporation which owns a parcel of land, because the corporation can divest itself of the land.990 b. A foreigner who incorporated himself as a corporation sole cannot own private land if at least sixty percent of the members under his authority are Filipino citizens.991 c. Foreigners can acquire private land by hereditary succession.992 d. A natural-born Filipino citizen who lost his Philippine citizenship can acquire private land.993

Republic vs. Court of Appeals, 19 SCRA 449 Section 3, Article XII of the Constitution 982 Cheesman vs. Intermediate Appellate Court, 193 SCRA 93 983 Muller vs. Muller, 500 SCRA 65 984 Philippine Banking Corporation v. Lui Sho, 21 SCRA 52 985 Borromeo vs. Descallar, 580 SCRA 175 986 De Castro vs. Tan, 129 SCRA 85 987 Osmea vs, Osmea, 611 SCRA 164 988 Halst vs. PR Builders, Inc. 566 SCRA 333 989 Strategic Alliance Development Corporation vs. Radstock Secrurities, Ltd., 607 SCRA 413 990 J.G. Summit Holdings, Inc. vs. Court of Appeals, 450 SCRA 169 991 Roman Catholic Apostolate Administrator of Davao, Inc. vs. Land Registration Commission, 102 Phil. 596 992 Section 7, Article XII of the Constitution 993 Section 8, Article XII of the Constitution
981

980

106

9.

One of these statements is not correct: a. Foreign countries can acquire private land in the Philippines for their embassies and consulates and the residences of their diplomatic and consular representatives.994 b. Foreigners can own other classes of real properties in the Philippines.995 c. Foreigners cannot be granted usufruct over private land.996 d. Private land can be leased to foreigners.997

10.

One of these statements is not correct: a. Private land can be leased to foreigners and foreign corporations for a maximum period of 25 years, renewable for another 25 years by agreement of the lessor and the lessee.998 b. Private land can be leased to a foreigner for a maximum period of 50 years, renewable once for a maximum period of 50 years to be used solely for the purpose of an investment.999 c. Private land can be mortgaged to foreigners.1000 d. Foreign lending institutions may bid in the foreclosure sale of land mortgaged to them but cannot have the title transferred in their names.1001

B. 1.

National Economy One of these statements is not correct: a. The preference to qualified Filipinos in the grant of rights, privileges, and concessions covering the national patrimony includes cultural heritage.1002 b. A foreign corporation may own the facilities and equipment being used by a public utility to serve the public, because it is not a public utility.1003 c. A petroleum company which refines oil it imported and is not doing so as a service to other parties is not a public utility.1004 d. A shipyard is a public utility.1005

2.

One of these statements is not correct: a. It is when a corporation will apply for a franchise or certificate that a corporation that will operate a public utility must have at least 60 percent of its capital owned by Filipino citizens.1006 b. A law granting a franchise to a public utility which will provide that it will pay a franchise tax of two percent of its gross

994 995

Opinion of the Secretary of Justice No. 157, September 12, 1995. J.G. Summit Holdings, Inc. vs. Court of Appeals, 450 SCRA 169 996 Ramirez vs. Vda. de Ramirez, 111 SCRA 704 997 Moreno-Loutfer vs. Wolff, 441 SCRA 584 998 Presidential Decree No. 471 999 Section 4, Republic Act No. 7652 1000 Section 1, Republic Act No. 133 1001 Section 18, Republic Act No. 9506 1002 Manila Prince Hotel vs. Government Service Insurance System, 267 SCRA 408 1003 Tatad vs. Garcia, 243 SCRA 36 1004 Bagatsing vs. Committee on Privatization, 246 SCRA 344 1005 JG Summit Holdings, Inc. vs. Court of Appeals, 412 SCRA 10 1006 People vs. Quasha, 93 SCRA 337

107

receipts, which will be in lieu of all other taxes, can be amended to authorize local government units to tax it.1007 c. A law requiring all radio and television broadcast companies to provide free time for political advertisements is constitutional.1008 d. The authority to operate a tollway facility can be extended for more than 50 years.1009 3. One of these statements Is not correct: a. The grant of a franchise to a telecommunications company which encroaches upon the area of service of another telecommunications company is not valid.1010 b. A law may authorize foreigners to practice their professions in the Philippines.1011 c. A private corporation cannot be created by a special law.1012 d. Congress can pass a law allowing a monopoly.1013 4. One of these statements is not correct: a. A law imposing a tariff duty of three percent on imported crude oil and a tariff duty of seven percent on imported refined oil is in restraint of trade.1014 b. A law requiring petroleum companies to maintain a minimum inventory equal to ten percent of their annual sales or supply for forty days is in restraint of trade.1015 c. A provision in a contract between a company and a salesman prohibiting the salesman from selling the products of other companies, whether or not they are competing products, is in restraint of trade.1016 d. The Monetary Board can issue regulations governing foreign loans.1017 XIV. Social Justice and Human Rights 1. One of these statements is not correct: a. Social justice refers to the obligation of the state to ameliorate the condition of the underprivileged.1018 b. The Commission on Human Rights has no power to decide cases involving violations of civil and political rights.1019 c. The Commission on Human Rights has no authority to issue writs of injunction.1020

1007 1008

City of Government of San Pablo vs. Reyes, 305 SCRA 353 Telecommunications and Broadcast Attorneys fo the Philippines, Inc. vs. Commission on Elections, 289 SCRA 337 1009 Francisco vs. Toll Regulatory Board, 633 SCRA470 1010 Pilipino Telephone Corporation vs. National Telecommunications Company, 410 SCRA 52 1011 Section 14, Article XII of the Constitution 1012 Bascon Philippine Amusement and Gaming Corporation, 197 SCRA 52 1013 National Development Company vs. Philippine Veterans Bank, 192 SCRA 257 1014 Tatad vs. Secretary of the Department of Energy, 281 SCRA 330 1015 Ibid 1016 Avon Cosmetics, Inc. vs. Luna, 511 SCRA 376 1017 Section 21, Article XII of the Constitution 1018 Ongsiako vs. Gamboa, 86 Phil. 50 1019 Carino vs. Commission on Human Rights, 207 SCRA 483 1020 Export Processing Zone Authority vs. Commission on Human Rights, 208 SCRA 125

108

d. The power of the Commission on Human rights to investigate violations of human rights is limited to those committed by public officers.1021 X. Academic Freedom 1. One of these statements is not correct: a. Because of academic freedom, an institution of higher learning has the freedom to determine for itself who may teach, what may be taught, how it will be taught, and who may be admitted to study.1022 b. A State university can retain a faculty member who extended without permission his leave without pay beyond one year.1023 c. An institution of higher learning may terminate a faculty member at any time.1024 d. An institution of higher learning may terminate a faculty member for immoral conduct.1025 2. One of these statements is correct: a. The academic freedom of a faulty member is his right to pursue his studies in his peculiar specialty and to make known the result of his endeavors without being subjected to penalties in case his conclusions are unacceptable to some authorities.1026 b. A faculty member can assign reading materials to his students, hold a weekly tutorial meeting, give them quizzes, and require term papers instead of holding regular classes.1027 c. Because of academic freedom, an institution of higher learning can refuse to re-enroll a student who was admitted for a course.1028 d. An institution of higher learning can refuse to re-enroll a student who did not satisfy its academic standards.1029 3. One of these statements is not correct: a. An institution of higher learning can dismiss a student for grave violation of the rules of discipline.1030 b. A student cannot invoke freedom of expression to prevent his dismissal for publishing obscene materials in the school newspaper..1031 c. A student who failed to comply with the requirements of an institution of higher learning for graduating with honors cannot compel it to confer graduation honors upon her.1032

1021 1022

Record of the Constitutional Commission, Vol. III, p 460 Garcia vs. Faculty Admission Committee, 68 SCRA 277 1023 University of the Philippines vs. Civil Service Commission, 356 SCRA 57 1024 Colegio de Sto. Nio vs. National Labor Relations Commission, 197 SCRA 611 1025 Montemayor vs. Araullo University Foundation, 77 SCRA 321 1026 Araneta vs. Araneta University Foundation, 77 SCRA 321 1027 Camacho vs. Coresis, 387 SCRA 128 1028 Mon vs. Dames, 185 SCRA 523 1029 University of San Agustin, Inc. vs. Court of Appeals, 230 SCRA 761 1030 Ateneo de Manila University vs. Capulong, 226 SCRA 644 1031 Miriam College Foundation, Inc. vs. Court of Appeals, 348 SCRA 266 1032 Morales vs. Board of Regents of the university of the Philippines, 496 SCRA 221

109

d. An institution of higher learning can revoke the degree it conferred upon a student after finding that the thesis of the student was plagiarized.1033 4. One of these statements is not correct: a. An institution of higher learning can close a unit.1034 b. A State university cannot invoke academic freedom as justification for granting to employees additional benefits which have no statutory basis.1035 c. The president of a State university cannot invoke academic freedom as justification for releasing salary differentials without the required documents, allowing falsification of the reclassification differential payroll, and appointing a relative in violation of the provision against nepotism.1036 d. The faculty members cannot invoke their academic freedom for questioning the decision of the board of regents of a State university to reduce the cut-off score for admission of students.1037 LAW ON PUBLIC OFFICERS I. 1. General Principles One of these is not an element of public office: a. b. c. d. 2. It must be created by law or by authority. It must be invested with sovereign functions. The functions must be defined expressly or impliedly by law. It must have some permanence.

One of these statements is not correct: a. One of the elements of public office is that the functions must be exercised by an officer under the control of law and not of a superior offense unless they are functions conferred by law upon inferior officers who by law are under control of a superior. b. One of the elements of public office is that a salary attaches to the public office. c. Title to public office may be acquired by appointment or election. d. An appointment may be regular, ad interim, permanent, or temporary.

II. 1.

Qualifications One of these statements is not correct: a. If the Constitution prescribes the qualification for public office and intends them to be exclusive, Congress cannot prescribe additional qualifications.

1033 1034

University of the Philippines Board of Regents vs. Court of Appeals, 313 SCRA 404 University of the Philippines vs. Ayson, 176 SCRA 571 1035 Benguet State University vs. Commission on Audit, 324 SCRA 437 1036 Civil Service Commission vs. Sojor, 554 SCRA 160 1037 Reyes vs. Court of Appeals, 194 SCRA 402

110

b. A law cannot require that Judges of the Regional Trial Court must have practiced law in the Philippines for at least ten years. c. A law cannot prescribe detailed qualifications for public office that will deprive the appointing power discretion. d. A law cannot prescribe qualifications for public office which have no rational connection to its functions. III. Prohibitions 1. One of these statements is not correct: a. A public officer cannot buy government property whose administration is entrusted to him. b. The spouse of the officer of a government financial institution can buy at the public auction conducted by it property owned by the government financial institution. c. It is prohibited for a public officer to knowingly nominate or appoint to a public office a person who is not qualified. d. It is illegal to appoint to public office a candidate who lost in an election within one year after the election. 2. One of these statements is not correct: a. It is illegal for an incumbent public office to engage in the private practice of his profession, b. A lawyer in the government agencies cannot file a case in his own behalf. c. A lawyer in the Office of the Ombudsman cannot handle a case before it within one year after his retirement. d. A collector of customs whose brother was hired by a custom broker upon his recommendation violated the Anti-Graft and Corrupt Practices Act. 3. One of these statements is not correct: a. A public officer cannot appoint a relative within the third degree of consanguinity or affinity. b. The prohibition against nepotism applies even if the relative is a civil service eligible. c. A public officer who married an employee in his office cannot give the employee a promotional appointment after their marriage. d. The prohibition against nepotism applies to appointments to confidential positions. IV. 1. Powers One of these statements is not correct: a. The Secretaries of Departments have control over the offices under them. b. The Secretary of Justice cannot set aside the decisions of the Commissioner of the Bureau of Immigration. c. The performance of discretionary functions of a public officer cannot be delegated. d. The performance of ministerial functions of a public officer can be delegated. 111

V. 1.

Administrative Cases .One of these statements is not correct: a. The complaint against a public officer need not be under oath if it was filed by the head of office. b. An administrative case may proceed despite the pendency of a criminal case against a public officer based on the same facts. c. An administrative case against a public officer should be dismissed if he was acquitted in the criminal case filed against him on the basis of the same facts. d. An administrative case should proceed despite the filing by the complainant of an affidavit of desistance.

2.

One of these statements is not correct: a. An administrative case against a public officer should be dismissed if he resigned. b. An administrative offense committed by a public officer does not prescribe. c. An administrative case against a public officer which was filed with the Ombudsman after one year from the commission of the offense should be dismissed. d. An administrative case cannot be filed against a public officer who died before its filing.

3.

One of these statements is not correct: a. An administrative case filed against a public officer should be dismissed if he dies during its pendency. b. The maximum duration of preventive suspension under the Civil Service Act is 90 days. c. The maximum duration of preventive suspension under the Ombudsman Act is six months. d. An order of preventive suspension is immediately executory.

4.

One of these statements is not correct: a. A public officer who was placed under preventive suspension is entitled to reinstatement upon its expiration. b. A public officer who was placed under preventive suspension but was exonerated is not entitled to back wages corresponding to the period of the preventive suspension. c. A public officer who was placed under preventive suspension, was found guilty and ordered dismissed but was exonerated on appeal, is entitled to back wages corresponding to the period that the order of dismissal was enforced pending appeal. d. If a public officer who was placed under preventive detention was found guilty and ordered dismissed but on appeal the penalty was reduced to a reprimand, he is entitled to back wages corresponding to the period that the order of dismissal was enforced pending appeal.

5.

One of these statements is not correct:

112

a. If a public officer was placed under preventive suspension and was found guilty and the penalty imposed is suspension, the preventive suspension can be credited against the penalty. b. If a public officer was exonerated in the administrative case filed against him, the government official prosecuting the case may appeal. c. If the Civil Service Commission found a public officer guilty in an administrative case but its decision was reversed by the Court of Appeals, it may appeal to the Supreme Court. d. The officer who found a public officer guilty in an administrative case cannot appeal the reversal of his decision on appeal. VI. 1. Rights, Privileges and Benefits One of these statements is not correct: a. The salary of a public officer cannot be garnished while it is still in the hands of the disbursing officer. b. A public officer who was illegally dismissed is entitled to payment of back wages. c. A public officer who received in good faith benefits which were disallowed later on by the Commission on Audit must refund the payment received. d. Fringe benefits which were not integrated into the standard salary rates have been abolished. 2. One of these statements is not correct: a. A public officer who has reached the compulsory retirement age may be granted only one year extension of service. b. The retirement benefits of a public officer cannot be based on the highest salary he received if he held the office to which it pertains in an acting capacity only. c. Since retirement benefits are exempt from execution, they cannot be withheld even if transactions a public official approved were being reviewed. d. A scheme allowing a prospective retiree of a government financial institution to borrow the amount he would receive if he were to retire but the proceeds of the loan would be invested by the government financial institution for his benefit and the excess of the earnings over the interest on the loan would be given to him is illegal. VII. 1. Liabilities One of these statements is not correct: a. A police officer who enforced a law which was later on declared unconstitutional can be held liable for damages. b. A mayor who refused to renew the permit of a rice mill for refusal to comply with an ordinance which required it to pay one percent of the rice it milled as a form of tax, because the rice mill believed the ordinance is illegal is not liable for damages. c. A superior officer cannot be held liable for the misfeasance of his subordinate on the basis of command responsibility. d. A public officer who issued a regulation which was declared unconstitutional cannot be held liable for damages to a party 113

who was injured by the implementation of the regulations, because its issuance involved a duty owed the public. 2. One of these statements is not correct: a. A public officer who is directly responsible for expenditures in violation of law is personally liable to refund the amount involved to the government. b. A government lawyer whose opinion that a government office is liable for the medical expenses incurred by a third party was followed by the government office is not personally liable to refund the amount to the government if the expenditure was disallowed on audit. c. The Collector of Customs is liable for the misdelivery of imported goods. d. The Collector of Customs is not liable for the release of imported goods which were garnished because the importer used a fake delivery permit. 3. One of these statements is not correct: a. A public officer who refused to approve a voucher is liable for damages for nonfeasance. b. A public officer who made an illegal appointment is personally liable to pay the salary of the appointee. c. A public officer who was indirectly responsible for a violation of constitutional rights is liable for damages. d. Good faith is a valid defense in an action for damages against a public officer for violation of constitutional rights. 4. One of these statements is not correct: a. The provincial officials who abolished the positions of 700 employees on the ground of retrenchment and then created 1,000 new positions are liable for damages to the employees whose positions were abolished. b. A new mayor who terminated the services of all appointive employees of the municipality may be held liable to them for damages for illegally terminating them for political reason. c. A municipal mayor can be held liable for damages if a driver employed by the municipality and assigned to him struck a pedestrian while driving for him. d. A public officer who signs a government contract without an appropriation of funds and a certificate of availability of funds will be personally liable under the contract. VIII. 1. De Facto Officer One of these is not a de facto officer a. One who has no known appointment or election holds office under such circumstances of reputation or acquiescence calculated to induce people to suppose him to be the officer he claims to be. b. One who holds office under color of a valid appointment or election but failed to comply with a condition.

114

c. One who holds an office under a color of appointment or election but who is not eligible or the one who elected or appointed him had no power, or there was a defect in its exercise. d. One who was elected or appointed to an office whose creation by law is unconstitutional. 2. One of this is not a requisite to be a de facto officer: a. b. c. d. 3. The office must be validly created. The public office has color of title to the office. The public officer must be in possession of the office . The public officer must be in good faith.

One of these is not a de facto officer: a. A Member of the Cabinet who was elected as director of a government-owned corporation unit it was ruled that his election was unconstitutional. b. A police officer who finished high school only. c. A Consul who remained in office after approval of his appointment by the Commission on Appointments. d. A public officer in the career service whose appointment was not approved by the Civil Service Commission.

4.

One of these statements is not correct: a. The title to office of a de facto officer cannot be attacked collaterally. b. The acts of a de facto officer are valid insofar as the public is concerned. c. The decision of a judge which was promulgated after his retirement is valid. d. A de facto officer incurs the same criminal, civil and administrative liabilities as a de jure officer.

5.

One of these statements is not correct: a. An elected Senator is entitled to keep the salaries he collected before he was unseated in an all election protest. b. The Members of the Cabinet could retain the per diems they received as directors of government-owned corporations until it was ruled that they could not be directors. c. A police officer who finished high school only and was charged in an administrative case and found guilty but was exonerated on appeal can ask for back wages during the time that the decision was executed pending appeal. d. A public officer who was promoted and was unseated when his promotion was protested but was appointed to a lower position during the pendency of his appeal, and won on appeal can recover only the difference between the salaries of the two positions.

IX. 1.

Termination One of these statements is not correct:

115

a. If the term of public officer is fixed by the Constitution, he cannot hold over in the absence of a provision authorizing it. b. Members of the Judiciary cease to hold office upon reaching the age of 65 years. c. The elements of resignation are intention and act of relinquishment. d. As a rule, to be effective, resignation must be accepted. 2. One of these statements is not correct: a. The acceptance of a resignation may be express or implied. b. The appointment of a successor is implied acceptance of a resignation. c. The acceptance by a Department Secretary rather than by the President of the resignation of an Assistant Secretary is not valid. d. A resignation can be withdrawn before its acceptance. 3. One of these statements is not correct: a. A resignation can be withdrawn after acceptance with the consent of the appointing authority. b. A resignation cannot be withdrawn if a successor has already been appointed. c. If his resignation has been accepted, a public officer cannot hold over until the appointment of his successor. d. A law making a resignation effective without need of acceptance is not valid. 4. One of these statements is not correct: a. The acceptance by a public officer of a second office which is incompatible with his first office does not automatically result in vacation of the first office. b. Two public offices are incompatible if by the nature of their functions they cannot be held by the same person. c. A public officer cannot be mayor and judge at the same time. d. A public officer cannot be treasurer and auditor at the same time. 5. One of these statements is not correct: a. Two public offices are incompatible if one is subordinate to other or is subject to supervision by the other. b. The positions of Chief Presidential Legal Counsel and Chairman of the Presidential Commission on Good Government are compatible. c. Two public offices are incompatible if it is against public policy for one person to occupy both of them. d. Abandonment is a ground for termination of official relation. 6. One of these statements is not correct: a. A public officer who goes on leave without pay for over a year is considered separated from the service.

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b. A public officer who is questioning the legality of his removal and accepts appointment to another position is deemed to have abandoned his right to his previous position. c. A public officer who was suspended from office because of a pending criminal case to award the final disposition of the criminal case is not deemed to have abandoned his office. d. Because of its academic freedom, a State university can choose to retain a faculty member who went on leave without pay for more than a year. 7. One of these is not a valid ground for termination of official relation: a. b. c. d. 8. Removal Impeachment Death Serious illness

One of these is not a valid ground for termination of official relation: a. Abolition of an office for reasons of economy and concomitant creation of new office. b. Recall c. Fulfillment of the purpose for the creation of the office d. Conviction of a crime in which disqualification to hold public office was imposed as a penalty.

9.

One of these is not a valid ground for termination of official relation: a. Prescription b. Failure of a public officer who was removed to file an action for reinstatement within a year after the removal. c. Failure of a public officer who was removed to file an action for reinstatement within a year because he awaited the dismissal of the criminal case against him which was dismissed after more than a year. d. Failure of a public officer who was removed to file an action for reinstatement within a year because of an assurance of his reinstatement.

10.

One of these statements is not correct: a. A public officer who is continuously absent without approved leaves or at least 30 working days should be dropped from the rolls. b. A public officer should be accorded due process before being dropped from the rolls. c. Dropping from the rolls is not synonymous with dismissal. d. A public officer who was dropped from the rolls can apply for reemployment in the government service.

ADMINISTRATIVE LAW
1. Rule-Making Power of Administrative Agencies 1. One of these is not a kind of administrative regulation: 117

a. Regulation in the nature of subordinate legislation to implement a law by providing its details. b. Interpretative regulation interpreting the law being administered. c. Contingent regulation involving determination of the happening of the condition upon which the effectivity of the law depends. d. Advisory regulation to give advise to private parties. 2. One of these statements is not correct: a. To be valid a regulation must have been issued on the authority of the law. b. Department Secretaries are not authorized to issue regulations to execute the laws pertaining to their departments. c. To be valid, a regulation must be in conformity with the law. d. To be valid, a regulation must be reasonable and not discriminatory. 3. One of these regulations is valid: a. A regulation providing that it should be presumed that there is a need for the proposed service of an applicant for a certificate of public convenience. b. A regulation authorizing bus companies to charge more or less than the authorized fare provided the variance is not more than 15%. c. A regulation granting indigenous peoples ownership over the natural resources in their ancestral lands and domains. d. A regulation granting death benefits to Filipino seamen who die while serving on board a foreign vessel. 4. One of these statements is not correct: a. A regulation issued by a public officer pursuant to the authority delegated to him to classify the quality of tobacco providing that only tobacco grown in certain provinces will be considered of good quality is not valid. b. A regulation cannot be enforced unless it is first published. c. A regulation need not be published if it is interpretative of a law. d. A regulation need not be published if it is merely for the internal administration of a government office. 5. One of these statements is not correct: a. A regulation need not be published if it merely issued guidelines to subordinate officials to be followed in the performance of their duties. b. A regulation making the decision of the Collector of Customs subject to automatic review by the Commissioner of Customs if it is adverse to the government need not be published. c. A regulation issued by the Civil Service Commission classifying the positions covered by the career executive office need not be published. d. A regulation of the Board of Investments which changed the formula for computing the tax incentives of exporters need not be published. 6. One of these statements is not correct: a. The rules of procedure of administrative agencies must published. b. A regulation cannot be enforced unless it is filed with the University of the Philippines Law Center for publication in the National Administrative Register.

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c. A regulation must be submitted to the University of the Philippines Law Center even if it need not be published. d. For the violation of an administrative regulation to be punishable as a criminal offense, the law must declare the violation punishable and define the penalty. 7. One of these statements is not correct. a. A public hearing must first be held if a regulation will substantially impose a burden on those concerned. b. A public hearing should first be held if a regulation will increase the tax rates. c. A public hearing is not required if a regulation will reduce the taxes to be paid. d. A public hearing must first be held if a regulation is interpretative. II. Interpretation of the Law 1. One of these statements is not correct. a. The interpretation given by administrative agencies to the laws they are implementing are given great weight by the courts. b. An erroneous interpretation of the law cannot give rise to a vested right. c. The modification or reversal of a tax regulation cannot be given retroactive effect if it will be prejudicial to taxpayers. d. An accused who issued a check which was dishonored for lack of funds can be convicted for violation of Batas Pambansa Bldg. 22 even if it was issued before the reversal of the circular of the Ministry of Justice that the law does not apply to checks issued to guarantee the payment of an obligation. III. Quasi-Judicial Power of Administrative Agencies 1. One of these statements is not correct: a. An administrative agency may be created for the purpose of conducting investigations to obtain information to serve as basis for making recommendations for action to another government office. b. Whenever an administrative agency is authorized to conduct an investigation or a hearing, it is understood that the authority includes the power to issue subpoenas. c. The power to issue subpoenas can be delegated. d. An administrative agency authorized to issue subpoenas cannot cite a witness for contempt if it has not been granted such power. 2. One of these statements is not correct: a. The principle of res judicata applies to administrative adjudication. b. The dismissal of an administrative case filed against police officers for violation of the constitutional rights of the complainants bar the filing of a civil case against them for damages because of the principle of res judicata. c. The voluntary compliance by the losing party with an adverse decision of an administrative agency is a waiver of the right to appeal. d. The decision of an administrative agency is valid even if it was issued beyond the prescribed period. 119

3. One of these statements is not correct: a. Decisions of administrative agencies are not subject to judicial review if no right of review is granted by law. b. The conditions for judicial review are: finality of administrative action and exhaustion of administrative remedies. c. The principle of finality of administrative action means that courts should not interfere with an administrative action with the administrative agency until it has completed its proceedings and rendered a final decision. d. The doctrine of exhaustion of administrative remedies means that if an administrative remedy is available, relief must be sought by exhausting it before one can resort to the courts. 4. One of these statements is not correct: a. The doctrine of exhaustion of administrative remedies applies even if there is no law expressly requiring it. b. If administrative remedies were not exhausted before filing an action, the action may be dismissed for lack of cause of action and failure to comply with a condition precedent for filing the action. c. The failure to exhaust administrative remedies is not waived if it was not raised as a defense in a motion to dismiss or in the answer. d. The doctrine of exhaustion of administrative remedies does not apply if an action filed is questioning the exercise of the rule-making power of an administrative agency. 5. One of these is not an exception to the doctrine of exhaustion of administrative remedies. a. b. c. d. The case involves public land that has become private land. The question involved is purely legal. It is a petition for quo warranto. The plaintiff is not aware of the doctrine.

6. One of these is not an exception to the doctrine of exhaustion of administrative remedies. a. b. c. d. The plaintiff was denied due process. The questioned action is patently illegal. Delay will cause grave and irreparable injury. The plaintiff has no confidence in the administrative agency.

7. One of these is not an exception to the doctrine of exhaustion of administrative remedies. a. b. c. d. The public officer being sued is in estoppel. It would be futile. It is an action to recovery physical possession of public land. Resort to administrative remedies will result in more expenses.

8. One of these is not an exception to the doctrine of exhaustion of administrative remedies: a. The public officer being sued has unreasonably delayed action. b. The plaintiff is poor and cannot afford to hire a lawyer. 120

c. Public interest is involved. d. It will be inconvenient to exhaust administrative remedies. 9. One of these is not an exception to the doctrine of exhaustion of administrative remedies: a. b. c. d. The decision is that of a Department Head. The law provides for immediate judicial review. The administrative agency has no jurisdiction. Resort to court action will result in speedier final disposition of the dispute.

10. One of these statements is not correct: a. The doctrine of primary jurisdiction means that even if a court has jurisdiction over an action, if it involves the resolution of an issue which requires specialized skills within the competence of an administrative agency, the court should suspend action. b. The doctrine of exhaustion of administrative remedies is different from the doctrine of primary jurisdiction, because in the former the case is within the exclusive jurisdiction of an administrative agency and the court withholds action until the administrative proceedings are completed. c. A court should entertain an action for damages filed by a television network, because the change in the sequence of channels in a cable television broadcast adversely affected its video and audio signals. d. The doctrine of primary jurisdiction does not preclude the simultaneous filing of criminal cases and civil cases against a corporate officers. 11. One of these statements is not correct: a. The doctrine of primary jurisdiction is not applicable if the question involved is purely legal. b. The doctrine of primary jurisdiction applies to the question of whether the Campus Journalism Act should be interpreted to mean that the staff members of the school newspaper cannot be penalized for publishing obscene materials. c. An action questioning the lease by a government-owned corporation of a parcel of land on the ground that the complainant had preferential right to lease the property is within the exclusive jurisdiction of the courts, because its resolution requires merely the application of the pertinent provisions of the Civil Code. d. The doctrine of primary jurisdiction does not apply to an action questioning the validity of regulations issued by an administrative agency in the exercise of its rule-making power.

ELECTION LAW
I. Registration of Voters 1. One of these is not a qualification to vote: a. Filipino citizen. b. At least 16 years old on election day. c. Residence in the Philippines for at least one year immediately before the election 121

d. Residence in the city or municipality where he proposes to vote at least 6 months immediately before the election. 2. One of these is not a ground for disqualification to vote: a. b. c. d. Sentence by final judgment to imprisonment of at least one year. Conviction by final judgment of rebellion. Conviction by final judgment of sedition. Resistance to a person in authority.

3. One of these crimes is not ground for disqualification to vote: a. b. c. d. Violation of firearms law. Treason Espionage Grave Scandal

4. One of these is not a ground for removal of disqualification to vote: a. b. c. d. Absolute pardon Amnesty Lapse of 3 years after service of sentence. Prescription of the penalty.

5. One of these statements is not correct: a. A person can apply for registration as a voter except 120 days before a regular election. b. If an applicant for registration is illiterate, the election officer shall question him under oath, record his answers, and ask him to sign the application. c. If the applicant is physically disabled, the application for registration may be prepared by a relative within fourth-degree of affinity or consanguinity, the election officer, or any member of the accredited citizens arm. d. If the applicant is physically disabled, he may request a trusted person in his residence to prepare the application. II. Inclusion and Exclusion Proceedings 6. One of these statements is not correct: a. The inferior courts have original and exclusive jurisdiction over inclusion and exclusion cases. b. The Regional Trial Court has appellate jurisdiction over the decision of the inferior court in inclusion and exclusion cases. c. The decision of the Regional Trial Court in inclusion and exclusion cases is appealable to the Commission on Elections. d. The decision of the Regional Trial Court on inclusion and exclusion cases is appealable to the Supreme Court. 7. One of these cannot file a petition for inclusion: a. b. c. d. The person whose application was disapproved. The person whose name was stricken out from the list of voters. The representative of a political party. The Commission on Elections. 122

8. One of these cannot file a petition for exclusion: a. b. c. d. A registered voter in the city or municipality. Representative of a political party. Commission on Elections. Accredited citizens arm.

9. One of these statements is not correct: a. Each petition for inclusion or exclusion shall refer to only one precinct. b. The Election Registration Board should be notified of the hearing of a petition for inclusion. c. The Electoral Registration Board and the challenged voters should be notified of the hearing of a petition for exclusion. d. The accredited citizens arm should be notified of the hearing of petitions for inclusion and exclusion. 10. One of these is not allowed as a manner for serving notice of the hearing of a petition for inclusion or exclusion: a. Registered mail. b. Leaving a copy with a person of sufficient discretion in the residence of the person to be notified. c. Publication in a newspaper of general circulation. d. Posting in the city or municipal hall and two other conspicuous places in the city or municipality at least 10 days before the hearing if the other methods are not practicable. 11. One of these statements is not correct: a. Any voter, candidate or political party affected may intervene in a petition for inclusion or exclusion. b. The failure of a challenged voter to appear is prima facie evidence that he is fictitious. c. The final decision in an inclusion or exclusion case is res judicata. d. The decision cannot be based on a stipulation of facts. III. Political Parties 1. One of these can be registered as a political party: a. Religious sects. b. Those which seek to achieve their goals through violence or unlawful means. c. Those which refuse to adhere to the Constitution. d. Those which did not submit a statement of contributions and expenses. IV. Certificate of Candidacy 1. One of these statements is not correct: a. A person who filed a certificate of candidacy for more than office shall not be eligible for any of them. b. A candidate with multiple certificates of candidacy may withdraw all except one before the deadline for filing certificates of candidacy. c. A certificate of candidacy which is not sworn is void. 123

d. A certificate of candidacy which did not indicate the position for which a candidate is running may be corrected. 2. One of these statements is not correct: a. A candidate should use his baptismal name in his certificate of candidacy. b. If a candidate has no baptismal name, he should use the name registered with the Civil Registry or any other name allowed by law. c. A candidate may include a nickname or stage name by which he is generally known. d. Even if the nickname mentioned in a certificate of candidacy is not really the nickname of a candidate, votes cast for such nickname should be counted. 3. One of these statements is not correct: a. If there is more than one candidate for the same office with the same name and surname, they should state their paternal and maternal surnames, except the incumbent. b. An appointive public official who files a certificate of candidacy is deemed resigned. c. An employee of a government-owned corporation organized under the Corporation Code is deemed resigned if he files a certificate of candidacy. d. An elective official who files a certificate of candidacy for another officer is deemed resigned unless he is running for President or Vice President. 4. One of these is not a disqualification to run for public office: a. Declaration of insanity or incompetence by competent authority. b. Conviction by final judgment of insurrection of rebellion. c. Conviction by final judgment of an offense for which the penalty was imprisonment for at least 12 months. d. Conviction by final judgment of a crime involving moral turpitude. 5. One of this is not a ground for removal of disqualification to run for public office: a. Declaration of removal of disqualification because of insanity or incompetence of competent authority. b. Conditional pardon. c. Amnesty. d. Lapse of 5 years after service of sentence. 6. One of these statements is not correct: a. A candidate may be substituted not later than mid-day of election day if he died, withdrew, or was disqualified. b. A candidate may be substituted if his certificate of candidacy was cancelled. c. The substitute candidate must be nominated by the political party of the candidate to be substituted. d. The substitute candidate who won should be proclaimed even if the withdrawal of the candidate he substituted was not under oath.

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7. One of these statements is not correct: a. A petition for cancellation of a certificate of candidacy is not based on lack of qualification but on false material representation, which may relate to lack of qualification, such as residence, and being a nuisance candidate. A petition for disqualification refers to commission of certain prohibited acts and possession of permanent resident status in a foreign country. b. In both cancellation of a certificate of candidacy and disqualification, the candidate is treated as someone who cannot continue as a candidate. c. A candidate whose certificate of candidacy was cancelled cannot be substituted. A candidate who was disqualified can be substituted. d. A petition to cancel a certificate of candidacy should be filed within five days from the last day for filing certificates of candidacy. 8. One of these statements is not correct: a. A nuisance candidate is one who filed a certificate of candidacy to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates. b. The false statement in a certificate of candidacy that the candidate is a registered voter of the place where he is running is material. c. The false statement in a certificate of candidacy that the candidate is a certified public accountant is material. d. Only a candidate for the office for which a nuisance candidate is running can petition to cancel his certificate of candidacy. 9. One of these statements is not correct: a. A Filipino citizen of voting age or a registered political party may petition to disqualify a candidate or to cancel his certificate of candidacy for false material representation. b. Votes cast for a candidate declared by final judgment before election day to be disqualified should not be counted. c. If a candidate was not declared disqualified by final judgment before election day, the case for his disqualification should continue. d. The Commission on Elections must suspend the proclamation of a candidate against whom there is a pending petition for disqualification. V. Campaign 1. One of these statements is not correct: a. A candidate who filed his certificate of candidacy and started campaigning before the start of the campaign period is guilty of premature campaigning. b. Public and private financial institutions are prohibited from giving political contributions. c. Public utilities and those who exploit natural resources are prohibited from giving political contributions. d. Those who hold contracts or sub-contracts to supply the government with goods or services are prohibited from giving political contributions. 2. One of these statements is not correct:

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a. Those granted franchises, incentives, exemptions, or similar privileges by the government are prohibited from giving political contributions. b. The Commission on Elections is the canvassing body for the election for Senators. c. The Provincial Boards of Canvassers are the canvassing bodies for the election in the Autonomous Regions. d. The Provincial Boards of Canvassers, the City Boards of Canvassers, and the District Boards of Canvassers for the legislative districts in Metropolitan Manila are the boards of canvassers for the election of Congressmen. e. The Commission on Elections may authorize the proclamation of the winner on the basis of an incomplete canvass if the remaining votes will not affect the outcome of the election. VI. Declaration of Failure of Elections 1. One of these statements is not correct: a. There is failure of election (1) on account of force majeure, violence, terrorism, fraud or other analogous causes (a) the election in any polling place was not held on the date fixed; (b) the election in any polling place was suspended before the hour fixed by law for closing of the voting; or (c) during the preparation and transmission of the election returns or in the custody or canvass of the election returns, the election results in a failure to elect; and (2) it will affect the result of the election. b. There is failure of election if armed men replaced the ballots and coerced the election inspectors to sign spurious ones. c. Irregularities in the casting and the counting of the votes are grounds for the declaration of a failure of election. d. The loss of the copy of the election return intended to be used for canvassing is not a ground to declare a failure of election. 2. One of these statements is not correct: a. The turnout of 25% only of the registered votes is a ground to declare a failure of election. b. The Commission on Elections en banc may declare at the first instance a failure of election. c. A failure of election can be declared even if the winner has already been proclaimed. d. Holding a special election more than 30 days after the cessation of the cause of the failure of election does not affect its validity. VII. Pre-Proclamation Controversies

1. One of these statements is not correct: a. The issues that may be raised in pre-proclamation controversies involving city and municipal officials are: (a) the illegality of the composition or proceedings of the board of canvassers; (b) the authenticity and due execution of the election returns; and (c) correction of manifest errors in the election returns. b. The issues that may be raised in pre-proclamation controversies involving the President, the Vice President, the Senators, and provincial officials are: (a) the illegality of the composition or proceedings of the board of canvassers; (b) the authenticity and due 126

execution of the certificate of canvass before the boards of canvassers; and (c) correction of manifest errors in the certificate of canvass before the board of canvassers. c. The issues that may be raised in pre-proclamation controversies involving Congressmen are: (a) illegality of the composition or proceedings of the board of canvassers; and (b) correction of manifest errors in the election returns or certificate of canvass. d. In a pre-proclamation controversy involving candidates for the Senate, the authenticity and due execution of certificates of canvass issued by the municipal boards of canvassers may be raised. 2. One of these statements is not correct: a. Issues involving irregularities in the casting of the ballots or the counting of the ballots cannot be raised in a pre-proclamation controversy. b. Questions of appreciation of ballots cannot be raised in a preproclamation controversy. c. Administrative lapses which do not affect the authenticity of election returns cannot serve as basis for nullifying them. d. Correction of manifest errors must be raised during the canvassing. 3. One of these statements is not correct: a. The illegality of the composition of the board of canvassers can be questioned after the proclamation of the winner. b. The illegality of the composition or the proceedings of the board of canvassers may be raised before it and then appealed to the Commission on Elections within three days or may be raised directly with the Commission on Elections. c. Objections to an election return must be submitted during the canvassing. d. An oral objection to an election return must be accompanied by a written objection and supported by evidence within 24 hours. 4. One of these statements is not correct: a. The adverse party may file a written opposition and supporting evidence within 24 hours afterwards. b. The board of canvassers should defer the canvass of the contested election returns and canvass first the uncontested return. c. A party adversely affected by a ruling on a contested election return must immediately notify the board of canvassers of his intention to appeal, file a written notice of appeal within 48 hours, and appeal within 5 days afterwards to the Commission on Elections. d. The board of canvassers cannot proclaim a winner pending the appeal by the losing party even if the contested returns will not adversely affect the result of the election. 5. One of these statements is not correct: a. Once a proclamation has been made, the pre-proclamation controversy should be dismissed. b. This rule does not apply if the proclamation was based on an incomplete canvass of election returns. c. The pre-proclamation controversy should not be dismissed if the proclamation was based on an erroneous computation of the votes. 127

d. The filing of an election protest does not entail abandonment of a petition for correction of manifest errors. 6. One of these statements is not correct: a. The filing of an election protest entails abandonment of a preproclamation controversy. b. This rule applies even if the election protest was filed as a precautionary measure. c. A pre-proclamation controversy should be dismissed upon beginning of the term of the office involved in it. d. The pre-proclamation controversy may be ordered to continue if it appears meritorious on the basis of the evidence presented so far. VIII. Election Contests

1. One of these statements is not correct: a. In an election contest, the issue is who obtained the plurality of the valid votes cast. b. In quo warranto, the issue is whether the respondent possesses all the qualifications and none of the disqualifications prescribed by law. c. Only the candidate who got the second or the third highest number of votes can file an election contest involving the positions of President, Vice President, Municipal Mayor, Municipal Vice Mayor, and Punong Barangay. d. Only losing candidates who finished among the next three candidates for the Sangguniang Bayan, Sangguniang Pambarangay, and Sangguniang Kabataan after the last-ranked winner can file an election contest. 2. One of these statements is not correct: a. Any losing candidate can file an election protest involving the positions of Senator, Congressman, Provincial Governor, Provincial Vice Governor, City Mayor, City Vice Mayor and Official of the Autonomous Region. b. Any voter can file a petition for quo warranto for the position of President, Vice President, Senator, Congressman, regional officers, provincial officials and city officials. c. Only a voter who voted in the election concerned can file a petition for quo warranto for the municipal officials, barangay officials, and Sangguniang Kabataan officials. d. The filing of a petition for the declaration of a failure of election suspends the period to file an election protest. 3. One of these statements is not correct: a. The filing of a pre-proclamation controversy suspends the period to file an election protest. b. The period to file an election protest is suspended by the filing of a preproclamation of controversy even if the candidate who filed it is not the one who filed the election protest. c. The filing of a pre-proclamation controversy will not suspend the period to file an election protest if the grounds alleged are not the proper grounds.

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d. The filing of a petition to annul the proclamation of the winning candidates does not suspend the period to file an election protest. 4. One of these statements is not correct: a. An election protest should allege that the protestant is a candidate who filed a certificate and was voted for. b. An election protest should allege that the protestee has been proclaimed. c. An election protest should allege the date of the proclamation of the winner. d. An election protest need not specify the precincts involved in it. 5. One of these statements is not correct: a. If a general denial is entered in behalf of the protestee for failure to answer on time, he will not be deemed to admit the allegations of the election protest. b. If the protestee fails to file an answer on time, he will not be allowed to file a counter-protest. c. An election contest should not be dismissed if either the protestee or the protestant died. d. The closest relative of the party to an election contest who died should be substituted for him. 6. One of these statements is not correct: a. A protestant who runs for another office should be deemed to have abandoned the election protest. b. A losing candidate who was not a party to an election contest cannot be declared elected if he obtained the plurality of the votes. c. If the winner in an election is ineligible, the candidate who got the next highest number of votes cannot be proclaimed elected. d. Execution pending appeal of the decision in an election contest in favor of the protestant can be ordered on the basis of at least two of the following reasons: (1) public interest or the will of the people; (2) the shortness of the remaining portion of the term of the contested office; and (3) the length of time that the election contest has been pending. 7. One of these statements is not correct: a. Execution pending appeal of a decision in an election contest in favor of the protestant cannot be ordered if the decision did not explain the basis of its rulings on the contested ballots. b. No motion for reconsideration of the decisions in election contests involving municipal, barangay, and Sangguniang Kabataan officials is allowed. c. Decisions of the Senate Electoral Tribunal and of the House of Representatives Electoral Tribunal cannot be reviewed by the Supreme Court. d. In case of appeal to the Commission on Elections from the decision in election contests involving municipal, barangay and Sangguniang Kabataan officials, to perfect the appeal separate appellate docket fees must be paid to the court whose decision is being appealed and to the Commission on Elections.

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PUBLIC CORPORATIONS I. Concept 1. One of these statements is not correct: a. Public corporations are those formed or organized for the government of a portion of the State. b. Unlike public corporations, government-owned or controlled corporations do not exercise sovereign functions. They are organized for business purposes. c. A quasi-corporation is a public corporation created or an agency of the state created for a narrow and limited purpose. Unlike a public corporation, a quasi-corporation is not possessed of the powers and liabilities of a self-governing corporation. d. A public corporation does not have proprietary functions. 2. One of these statements is not correct: a. The elements of a public corporation are the following: legal creation or incorporation, corporate name, inhabitants, and territory. b. A public corporation has governmental and proprietary functions. c. The enforcement of police regulations is a governmental function. d. The collection of garbage is a proprietary function. 3. One of these is not a proprietary function: a. b. c. d. Collection of taxes. Operation of a slaughterhouse. Operation of a public market Operation of a ferry

4. One of these is not a proprietary function a. b. c. d. Exercise of the power of eminent domain. Operation of fisheries Maintenance of a cemetery Celebration of a fiesta

5. One of these statements is not correct: a. The following are the requisites for the creation, division, merger, abolition, or substantial alteration of the boundary of local government units; (1) it must be in accordance with the criteria in the Local Government Code; and (2) it must be approved by majority vote in a plebiscite in the political units directly affected. b. In determining if a proposed new public corporation meets the minimum territory requirements, the marginal sea should not be included. c. The plebiscite for the creation of a new local government unit should be limited to the residents of the proposed new local government city. d. A new city may be created by merging two municipalities. II. Local Autonomy 1. One of these statements is not correct:

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a. Local autonomy entails decentralization. b. Decentralization of administration, which is deconcentration, involves the transfer by the National Government of administrative powers to local government units to broaden the base of government powers. c. Decentralization of power, which is devolution and is a more liberal form of decentralization, involves a transfer of powers, responsibilities, and resources for the performance of certain functions from the National Government to local government units. d. Because of local autonomy, a local government unit can approve an ordinance which is against a law. III. Powers of Local Government Units 1. One of these is not included in the powers of local government units. a. Powers expressly granted b. Implied powers c. Powers necessary, appropriate, or incidental for efficient and effective governance d. Quasi-judicial powers 2. One of these is not among the corporate powers of local government units: a. b. c. d. To sue and be sued To acquire and convey property To enter into contract To close or open a road, alley, park or square

3. One of these statements is not correct: a. All local government units have been granted the power of eminent domain. b. Before a local government unit can expropriate property, the Sanggunian must pass a resolution authorizing it. c. Before filing an expropriation case, a local government unit must make a valid and definite offer to buy the property from the owner and the offer was rejected. d. A local government unit can expropriate a parcel of land to be devoted to non-agricultural use without need of getting the approval of the Secretary of Agrarian Reform. 4. One of these statements is not correct: a. An ordinance approved by majority vote of all the members of the Sanggunian is required to permanently close a street, road, alley, park of square. b. A freedom park cannot be closed permanently without provision for a new site. c. A road, alley, park or square which was permanently closed may be sold. d. A city, municipality, or barangay may by ordinance temporarily close a local street or any other public place where goods may be sold. 5. One of these statements is not correct:

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a. Provincial governors, city mayors, and municipal mayors cannot exercise the power to sue and be sued in behalf of their local government units without an enabling resolution from their Sanggunian. b. Local government units cannot hire a private lawyer to represent them in cases. c. The power to sue and be sued includes the power to enter into a compromise of a case. d. The appropriation of public funds by a local government unit to pay the private plaintiff for damages in accordance with a decision based on a compromise is valid. IV. Legislation 1. One of these statements is not correct: a. The vice governor, the vice mayor, and the punong barangay are the presiding officials of their Sanggunian. b. The vice governor who is acting governor can preside over the Sangguniang Panlalawigan. c. The presiding officer cannot vote except in case of a tie. d. A member of the Sanggunian who is temporary presiding officer cannot vote except in case of a tie. 2. One of these statements is not correct: a. The majority of all the members of the Sanggunian shall constitute a quorum. b. A member of the Sanggunian who is abroad should be included in computing the quorum. c. A Sanggunian can require a three-fourths majority vote to amend a zoning ordinance to forestall it from being easily amended. d. A Sanggunian can compel witnesses to appear in an investigation in aid of legislation and cite them for contempt for non-appearance. 3. One of these statements is not correct: a. An ordinance is not valid if the three readings were held on the same day. b. The provincial governor can veto an ordinance but must communicate for veto to the Sangguniang Panlalawigan within 15 days. c. The city mayor and the municipal mayor can veto an ordinance but must communicate the veto to the Sanggunian within 10 days. d. The punong barangay has no power to veto ordinances. 4. One of these statement is not correct: a. The Sanggunian may override a veto by two-thirds vote of all its members. b. The provincial governor, the city mayor, and the municipal mayor may veto an item in an appropriation ordinance. c. The provincial governor, the city mayor, and the municipal mayor may veto an item in an ordinance directing the payment of money or creation of a liability. d. The provincial governor, the city mayor, and the municipal mayor cannot veto an item in a local development plan and public investment program. 132

5. One of these statements is not correct: a. The Sangguniang Panlalawigan, the Sangguniang Panglungsod, and the Sanggunian Bayan in reviewing the ordinance of the next lower local government units can pass upon their legality only. b. Unless otherwise stated in the ordinance, it takes effect after 15 days from posting at the provincial capital, or city, municipal or barangay hall and two other conspicuous places. c. The gist of all ordinances with penal sanction must be published in a newspaper of general circulation. In the absence of such a newspaper, the ordinance must be posted in all municipalities and cities in the province. d. In highly urbanized and independent cities, in addition to posting, the main features of ordinances must be published in newspaper of general circulation. 6. One of these is not a requirement for the validity of an ordinance: a. b. c. d. It must not contravene the Constitution or any statute. It must not be unfair or oppressive. It must not be partial or discriminatory. It may prohibit trade.

7. One of these is not a requirement for the validity of an ordinance: a. b. c. d. It must be general and consistent with public policy. It must not be unreasonable. It must be within the power of the local government unit to enact. There must be a public hearing.

8. One of these ordinance is not valid: a. An ordinance prohibiting the construction of warehouses that store inflammable materials within 200 meters of residential areas. b. An ordinance prohibiting sale of perishable foodstuffs outside the public market. c. An ordinance requiring that tricycles be registered and that tricycle drivers obtain a drivers license. d. An ordinance imposing a limit on the height of buildings. 9. One of these ordinances is valid: a. An ordinance requiring perishable foodstuffs to be inspected by the health officer. b. An ordinance prohibiting the operation of any casino. c. An ordinance requiring moviehouses to charge minors one-half only of the price of admission tickets. d. An ordinance regulating cable television operators. V. Initiative and Referendum 1. One of these statements is not correct: a. Local initiative is the process whereby the registered voters of a local government unit may directly propose, enact, or amend any ordinance.

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b. Local referendum is the legal process whereby the registered voters of the local government units may approve, amend, or reject any ordinance enacted by the Sanggunian. c. Initiative shall extend only to subjects within the legal powers of the Sanggunian to enact. d. Resolutions approved by the Sanggunian cannot be the subject of a referendum. 2. One of these statements is not correct: a. A petition for an initiative in the case of a province and a city should be signed by at least 1,000 voters. b. A petition for an initiative in the case of a municipality should be signed by at least 100 voters. c. A petition for an initiative in the case of barangay should be signed by at least 50 voters. d. Only one proposition may be submitted in a petition for an initiative. 3. One of these statements is not correct: a. In the case of provinces and cities, the required number of signatures must be collected within 90 days. b. In the case of municipalities, the required number of signatures must be collected within 60 days. c. In the case of barangays, the required number of signatures must be collected within 30 days. d. A petition for a initiative cannot be filed more than once every three years. VI. Contracts 1. One of these is not a requirement for the validity of contracts: a. The local government unit must have the power to enter into the particular contract. b. The contract must be signed by the provincial governor, city mayor, municipal mayor, or punong barangay. c. The Sanggunian need not authorize the provincial governor, city mayor, municipal mayor, or punong barangay to enter into the contract. d. If the contract involves the expenditure of public funds, the treasurer must have certified that funds have been appropriated for the purpose and the amount necessary for the contract is available. 2. One of these statements is not correct: a. For a contract to be valid, it must conform with the requisites of a written contract prescribed by law. b. If a municipality will enter into a contract conveying real property or creating a lien upon it, it must be approved by the provincial governor. c. If a city will enter into a contract conveying real property or creating a lien upon it, it must be approved by the Office of the President. d. If a province will enter into a contract conveying real property or creating a lien upon it, it must be approved by the Office of the President. 3. One of these statements is not correct:

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a. A local government unit cannot lease to a private party property for public use. b. If a city mayor signs a contract involving the expenditure of public funds without a certificate of availability of funds from the treasurer, he will be personally liable to the other party. c. If a contract entered into by a local government unit involving the expenditure of public funds is for five years, it is not required that there be an appropriation of funds for the payments to be made for five years. d. If a municipality sold a parcel of land without getting the approval of the provincial governor, the buyer can invoke this as a defense for not paying the price. 4. If a city mayor signed a contract without the prior authorization of the Sangguniang Panlungsod, the contract is: a. b. c. d. Void Voidable Unenforceable Rescissible

VII. Liability of Local Government Units 1. One of these statements is not correct: a. Provinces, cities and municipalities are liable for damages for the death of, or injuries suffered by any person because of the defective condition of a street within their territory even if the street is a national street. b. A city is not liable to a person who was injured because of the defective condition of its public market if it bad turned over the administration of the public market to an independent contractor. c. A city or a municipality is subsidiarily liable for damages to a person whom the police force in its territory refused or failed to and or protect in case of danger to his life or property. d. Local government units and their officials are not exempt from liability for death or injury to person or damage to property. VIII. Settlement of Boundary Dispute 1. One of these statements is not correct: a. Boundary disputes between two barangays in the same city shall be refereed for settlement to the Sangguniang Panlungsod. b. Boundary disputes between two barangays in the same municipality shall be referred for settlement to the Sangguniang Bayan. c. Boundary disputes between two component cities shall be referred for settlement to their respective Sangguniang Panlungsod. d. Boundary disputes between two highly urbanized cities shall be referred jointly for settlement to their respective Sangguniang Panlungsod. 2. One of these statement is not correct: a. Boundary disputes between a component city and a highly urbanized city shall be referred jointly for settlement to their respective Sangguniang Panlungsod. 135

b. Boundary disputes between a municipality and a highly urbanized city shall be referred jointly for settlement to their respective Sanggunian. c. Boundary disputes between a component city and a municipality shall be referred for settlement to their respective Sanggunian. d. Boundary disputes between municipalities or component cities of different provinces shall be referred jointly for settlement to two Sanggunians of the provinces concerned. IX. Succession of Elective Local Officials 1. One of these statements is not correct: a. In case of vacancy in the position of provincial governor, he will be succeeded by the provincial vice governor and then by the Sanggunian members according to their ranking. b. In case of vacancy in the position of city mayor or municipal mayor, he will be succeeded by the city vice mayor or municipal vice mayor and then by the Sanggunian members according to their ranking. c. In case of vacancy in the position of the Punong barangay, he will be succeeded by the highest ranking Sanggunian member and then by the second highest ranking Sanggunian member. d. Ranking in the Sanggunian will be based on the proportion of the votes obtained to the number of voters who voted in each district. 2. One of these statements is not correct: a. In case of vacancy in Sanggunian of provinces and highly urbanized cities, the President shall appoint the successor. b. In case of vacancy in the Sanggunian of component cities and municipalities, the provincial governor shall appoint the successor. c. In case of vacancy in the Sangguniang Pambarangay, the successor shall be appointed by the mayor. d. The successor to be appointed shall depend on the discretion of the appointing person. 3. One of these statements is not correct: a. The successor in case of vacancy in the Sanggunian of Provinces, cities and municipalities shall be nominated by the political party of the member who caused the vacancy. b. If the member to be succeeded in the Sanggunian of provinces, cities and municipalities does not belong to any party, the remaining member of the Sanggunian shall recommend the successor. c. In case of vacancy in the Sangguniang Pambarangay, its remaining members shall recommend the successor. d. If a vice mayor succeeded to the vacancy in the position of the mayor, and the Sanggunian member with the highest rank succeeded to the position of the vice mayor, it is the political party of the vice mayor who shall nominate the successor to the vacancy in the Sanggunian. X. Disciplinary Action against Elective Local Officials A. Grounds 1. One of these is not a ground for disciplinary action: a. Disloyalty to the Republic of the Philippines 136

b. Culpable violation of the Constitution c. Dishonesty d. Discourtesy 2. One of these is not a ground for disciplinary action: a. b. c. d. Misconduct in office Gross negligence Dereliction of duty Intoxication

3. One of these is not a ground for disciplinary action: a. Commission of an offense involving moral turpitude. b. Abuse of authority. c. Unauthorized absence for ten consecutive days, except in the case members of the Sanggunian. d. Application for or acquisition of foreign citizenship, residence, or immigrant status in another country. 4. One of these is not a ground for disciplinary action: a. Refusing to give the share of lower levels of local government units in the real property tax collected. b. Recklessness resulting in serious physical injuries. c. Refusing to reinstate an employee whose dismissal was declared unlawful by a final judgment. d. Refusing to sign a check to pay a supplier. B. Jurisdiction 1. One of these statements is not correct: a. A complaint against an elective provincial or city official should be filed with the Office of the President. b. A complaint against any elective official of a municipality should be filed with the Sangguniang Panlalawigan. c. A complaint against any elective barangay official should filed with the Sangguniang Panlungsod or Sangguniang Bayan. d. Even if the penalty for an administrative offense is removal from office, the complaint may be filed with the Office of the President, Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang Bayan. 2. One of these statements is not correct: a. A complaint against any local elective official may also be filed with the Office of the Ombudsman. b. A complaint against any local elective official may also be filed with the Secretary of Interior and Local Government. c. If the penalty for the offense committed by a local elective official is removal from office, the complaint should be filed with the Regional Trial Court or the Office of the Ombudsman. d. The Metropolitan Manila Development Authority has no jurisdiction over complaints against local elective officials in Metropolitan Manila. C. Preventive Suspension 137

1. One of these statements is not correct: a. The respondent may be placed under preventive suspension upon filing of the complaint. b. For the respondent to be placed under preventive suspension, the evidence of guilt must be strong and the offense must be grave. c. The respondent may be placed under preventive suspension if his continuance in office could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence. d. The respondent shall receive no salary during his preventive suspension. 2. One of these statements is not correct: a. It is the President who may suspend local elective official of a province or of a highly urbanized or independent city. b. It is the President who may suspend a local elective official of a component city. c. It is the provincial governor who may suspend a local elective official of a municipality. d. It is the mayor who may suspend a local elective official of a barangay. 3. One of these statements is not correct: a. A single preventive suspension should not exceed 60 days. b. If several cases are filed against a local elective officials, the preventive suspension should not exceed 90 days within a year if based on the same grounds existing and known at the time of the first suspension. c. A suspended local elective official shall not receive any compensation. d. If the respondent is exonerated he is not entitled to be paid the compensation accruing during his suspension. D. Appeal 1. One of these statements is not correct: a. The decision of the Office of the President may be appealed to the Court of Appeals. b. The decision of the Sangguniang Panlalawigan and of the Sangguniang Panlungsod of highly urbanized cities and independent cities may be appealed to the Office of the President. c. The decision of the Sangguniang Panlungsod of component cities may be appealed to the Office of the President. d. The decision of the Sangguniang Bayan may be appealed to the Sangguniang Panlalawigan. 2. One of these statements is not correct:

a. A decision adverse to the local elective official is immediately executory. b. The Office of the President cannot suspend the execution of a decision pending appeal before it. c. If the local elective official is exonerated, he shall be paid his compensation during the pendency of the appeal.

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d. If as local elective official is re-elected during the pending of his case, the case should be dismissed. XI. Recall 1. One of these statements is not correct: a. Recall may be initiated upon petition of at least 25 per cent of the registered voters in the local government unit concerned. b. Upon its submission, the petition must already be signed by at least 25 per cent of the registered voters. c. Recall may also be initiated by the preparatory recall assembly. d. The ground for recall is loss of confidence. 2. One of these statements is not correct: a. The local elective official need not file a certificate of candidacy. b. The local elective official sought to be recalled can resign while the recall process is ongoing. c. A recall election involving a vice mayor should be cancelled if he succeeded to the vacancy in the office of the mayor. d. The recall shall take effect upon proclamation of the candidate who received the highest number of votes. 3. One of these statements is not correct: a. No recall shall take place within one year from the date of assumption of office of the local effective official sought to be recalled. b. What cannot take place within one year is the casting of ballots in the recall election and not the initiation of the recall. c. No recall shall take place within one year immediately preceding the next regular election for the office of the local elective officer sought to be recalled. d. The one-year period should be counted from the date of the beginning of the campaign period. XII. Term Limitations 1. One of these statements is not correct: a. Local elective officials cannot serve for more than three consecutive terms. b. For the three-term limitation to apply, the three terms must have been served in full and they must be consecutive. c. A mayor who was elected for three consecutive terms but was unseated before the end of his third term because he lost in the election protest, can run in the next election. d. A mayor who was elected for three consecutive terms but lost in the election protest filed against him during his term, cannot run in the next election even if the election protest was decided after the end of his third term. 2. One of these statements is not correct: a. A vice mayor who succeeded to the vacancy in the office of mayor and was elected as mayor in the next two succeeding elections cannot run for mayor in the next election. 139

b. A mayor who served in full for three consecutive terms and ran in the recall election during the term of his successor can assume office as mayor. c. A mayor who served as mayor of a municipality for three consecutive terms cannot run for city mayor at the next election if the municipality was converted to a city. d. A mayor who was elected for three consecutive terms but was placed under preventive suspension for 60 days during his third term cannot run again in the next election. 3. One of the statements is not correct: a. Voluntary renunciation does not interrupt the continuity of service of a local elective official for the full term for which he was elected. b. A member of the Sangguniang Bayan, who was elected for three consecutive terms and succeeded to the vacancy in the office of the vice mayor because of his death, can run for member of the Sangguniang Bayan at the next election. c. A member of the Sangguniang Pambarangay who was elected for three consecutive members but was elected to the Sangguniang Bayan during his third term can run for member of the Sangguniang Pambarangay at the next election. d. A mayor who was elected for three consecutive terms but was kidnapped during his term and was released after one year can run again at the next election.

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