tips for the preliminary examination

1.      Which of the following is correct about eminent domain? (a) Expropriation (b) condemnation (c) regulate property (d) none of the above (e) all of the above.

2.      Which is NOT correct concerning eminent domain? -(a) like police power because it is also inherent (b) taking of public property (c) payment of just compensation (d) a necessity (e) public use

3.      Eminent domain cannot be used in taking private property for –(a) historical sites (b) piers (c) cemeteries (d) all of the above (e) none of the above

4.      A municipality may exercise eminent domain. Which of the following is INCORRECT? (a) the mayor can go to the owner and make an offer to buy (b) the Sanggunian must first authorize the mayor through a Resolution passed by it (c) the municipality must file an expropriation proceeding in court (d) the municipality must deposit in court 15% of the fair market value  of the property (e) the value of the property shall be determined by the court.

5.      The exercise of police power is lodged to (a) delegated to the lgu’s (b) legislative branch of government (c) judicial branch (d) executive branch (e) Congress

6.      Which of the following is not an essential requisite before an LGU can exercise the power of eminent domain? (a) An ordinance is enacted by the local legislative council authorizing the local chief executive, in behalf of the LGU, to exercise the power of eminent domain or pursue expropriation proceedings over a particular private property (b) The power of eminent domain is exercised for public use, purpose or welfare, or for the benefit of the poor and the landless (c) There is payment of just compensation, as required under Section 9 Article III of the Constitution and other pertinent laws. (d) A valid and definite offer has been previously made to the owner of the property sought to be expropriated, but said offer was not accepted (e) there must be a certification from the Treasurer that money is available for payment.

7.       Which is not correct? (a) Just compensation is defined as the full and fair equivalent of the property taken from its owner by the expropriator (b) The measure is the taker’s gain (c) The word "just" is used to intensify the meaning of the word "compensation" an(d) the equivalent to be rendered for the property to be taken shall be real, substantial, full and ample. (e) none  of the above.

8.      Lines of NAPOCOR passed through the property of Mrs B. The payment of compensation shall be (a) the easement value only since not the whole lot is used by Napocor (b) the full value of the property (c) dependent on the court (d) gauged  on the loss suffered by Mrs. B (e) based on the current tax declaration of B.

9.      In eminent domain, the just compensation to which the owner of a condemned property is entitled is generally the  (a) market value (b) assessed value (c) full value (d)  whole value  (e) all of the above.

10.  Rule 67 of the 1997 Revised Rules of Court reveals that expropriation proceedings are comprised of two stages. Which of the following belongs to the second stage? (a) determination of authority to exercise the power of eminent domain (b) determination of just compensation by the Sanggunian concerned (c) appointment of three commissioners to determine valuation (d) order of condemnation (e) determination that the property is fit for public use.

11.  Which of the following is not taxable by the local government unit  pursuant to RA 7160? (A) non-stock/non-profit hospitals (b) cooperatives (c) non-profit educational  institutions (d) none of the above (e) all of the above.

12.  Which of the following is considered as the power to destroy? (a) eminent domain (b) police power (c) taxation (d) all of the above (e) none of the above.

13.  Which of the following is not correct with respect to consent to search? (a) Consent to a search is not to be lightly inferred and must be shown by clear and convincing evidence (b) the consent must be unequivocal, specific, intelligently given and uncontaminated by any duress or coercion (c) The burden of proving, by clear and positive testimony, that the necessary consent was obtained and that it was freely and voluntarily given lies with the person searched.(d) Acquiescence in the loss of fundamental rights is not to be presumed and courts indulge every reasonable presumption against waiver of fundamental constitutional rights(e) that the person involved had knowledge, either actual or constructive, of the existence of such right.

14.  The general rule is that a search may be conducted by law enforcers only on the strength of a valid search warrant is settled. Which of the following is not an exception thereto?(a) consented searches; (b) as an incident to a lawful arrest; (c) searches of vessels and aircraft for violation of immigration, customs, and drug laws; (d) searches of  vehicles (e) where the prohibited articles are in "plain view

15.  Which of the following is INCORRECT concerning the stop and frisk operation? (a) the  police officer  stops a citizen on the street, interrogate him, and pat him for weapon(s) or contraband (b) The police officer  introduces himself and make initial inquiries, approach and restrain a person who manifests unusual and suspicious conduct, in order to check the latter’s outer clothing for possibly concealed weapons(c) The apprehending police officer must have a genuine reason, in accordance with the police officer’s experience and the surrounding conditions, to warrant the belief that the person to be held has weapons (or contraband) concealed about him (d)  an arrest should precede the search for this principle to apply (e) the accused  exhibits a suspicious behavior and in fact attempts to flee after the police officer had identified himself.

16.  A police officer armed with a search warrant can  search (a)  the house immediately and even break a door open (b) only when there are two witnesses inside the house (c) the house even when there is only one occupant present (d) provided he is accompanied by a Barangay captain or tanod (e) only with the permission of the owner of the house.

17.  A search warrant was issued by Judge Herrera in connection with an undocketed criminal case for estafa, falsification, insurance fraud, and tax evasion, against the Asian Surety and Insurance Co., a corporation duly organized and existing under the laws of the Philippines, with principal office at Room 200 Republic Supermarket Bldg., Rizal Avenue, Manila. Which of the following statements is true? (a) the search warrant is valid since it is the judge who issued it (b) the search warrant is invalid since it is not particular or vague (c) the search warrant is valid since it refers to crimes which are closely related to each other (d) it is invalid since it was issued upon probable cause not in connection with one specific offense (e) it is invalid since the cases are not yet docketed.

18.  Zones of privacy are likewise recognized and protected in our laws. Which of the following is not considered as a zone of privacy? (a) the Intellectual Property Code  (b)  extension lines of a telephone (c)  the privacy of letters and other private communications (d) Anti-Wiretapping Law (e) bank deposits.

19.  The history of press freedom dates back to the English Magna Carta, promulgated in--- (a) 1512 (b)1215 (c) 1521 (d)1152 (e) 1216---, which established the principle that not even the lawmaker should be above the law. Through the years, many treatises on press freedom arose in reaction to various measures taken to curtail it.

20.  In the United States, press freedom was first put into organic law  to its Constitution, declaring that "Congress shall make no law x x x abridging the freedom of speech, or of the press." This set in stone the basis for virtually all contemporary laws and jurisprudence on the subject of press freedom. This is known as the (a) first (b) second (c) third (d) fourth (e) fifth –amendment.

21.  Indeed, freedom of speech cannot be absolute and unconditional. In legal, political, and philosophical contexts, it is always regarded as liable to be overridden by important countervailing interests. Which of the following is applicable in limiting the freedom of speech?  (a) state security (b)  public order (c)  safety of individual citizens (d)  none of the above (e)  all of the above

22.  Which of the following is not CORRECT about police power? (a) the power to prescribe regulations to promote the health, morals, education, good order, safety, or the general welfare of the people (b) that inherent and plenary power in the state which enables it to prohibit all things hurtful to the comfort, safety and welfare of society (c) to enact such laws in relation to persons and property as may promote public health, public morals, public safety and the general welfare of each inhabitant (d) establish for the intercourse of citizen with citizen those rules of good manners and good neighborhood calculated to prevent conflict of rights (e) the powers of the people inherent in every sovereignty to the extent of its dominions.

23.  What statement below does not describe a Constitution? (a) body of rules and maxims (b) framework of a system of government (c) creates or confers basic rights (d) basic & paramount law (e) definition of power.

24.  Which of the following should not be found in the row? (a) actual case or controversy (b) lis mota  (c) earliest opportunity (d) substantive distinction (e)  injured party

25.  Which of the following belongs to the constitution of sovereignty? (a) political rights (b) civil rights (c) procedure (d) organization (e) limitations.

26.  Which is the odd one out? (a) verba  (b) anima (c) magis (d) exclusio (e) legis

27.  Which of the following is considered a proper party? (a) a physician questioning the constitutionality of a law prohibiting the use of contraceptives (b) a taxpayer questioning the validity of a law banning export of women labor (c) an accountant challenging in a qou warranto proceeding a doctor who had been appointed as Medical Examiner (d) a senator challenging the validity of the compulsory drug testing bill (e) a rallyist questioning the validity of his arrest.

28.  Which of the following regulate property rights? (a) police power (b) eminent domain (c) taxation (d) a & b  (e) b & e

29.  Which of the following is NOT considered as a test of police power? (a) public interest (b) reasonable means (c) lawful subject (d) conformity to law (e) particular class.

30.  Which of the following was declared constitutional?  A law which (a) prohibits the use of shoddy for the making of mattresses (b)  requires blood testing before a marriage license has to be issued (c)  prohibits the transport of carabao (d)  requires compulsory drug testing to government employees (e)  prohibits casino (PAGCOR) in their province.

31.  Which of the following is incorrect concerning the power of taxation? (a) enforced (b)proportional (c) method (d) contract  (e) duty.

32.  Which is true about the taxation powers of the local government units? (a) inherent power (b) valid delegation (c) direct authority (d) unlimited (e) confiscatory

33.  Which of the following describes substantive due process? (a) Intrinsic validity (b) manner (c) valid governmental objective (d) a & c but not b (e) a & b but not c.

34.  Which of the following violates substantive due process? (a) a  municipal ordinance which requires all laundry establishments to issue receipts in English and Spanish (b) a law which disallowed Chinese aliens to engage in retail trade (c) a law which requires preventive suspension of government officials facing graft and corruption charges (d) a municipal ordinance that prohibits cabarets & massage parlors in Ermita area (e) a law that prohibits fishing from on March and April of every year.

35.  Which is violative of due process? (a) a teacher deprived of her right to have counsel in an administrative case (b) an accused who is deprived of his right to appeal due to the negligence of his counsel (c) an accused who was arrested without a warrant caught in flagrante delicto (d) an employee caught stealing inside the office and dismissed immediately (e) a judge who does not inhibit himself in a case when asked to do so.

36.  In which of the following situations is notice and hearing  required? (a) cancellation of passport (b) preventive suspension (c) distraint of untaxed properties (d) abatement of nuisance per accidens (e) padlocking of theaters showing obscene movies.

37.  Which of the following is not necessary in administrative due process? (a) the right to a full blown hearing which includes the right to present one’s case and submit evidence (b) the tribunal must consider the evidenced presented (c) the decision must have something to support itself (d) the evidence must be substantial (e) the tribunal must act on its own independent consideration.

38.  Which of the following is odd? (a) germane to the purpose of the law (b) be limited to existing conditions (c) based on substantial distinctions (d) not be limited to existing conditions only (e) not be arbitrary.

39.  Which of the following is not considered as a personal determination of probable cause? (a) the judge may rely on the certification of the fiscal who conducted the preliminary investigation (b) the judge may rely on the Information/complaint found in the records of the case (c) the judge listens personally to the persons under oath applying for a search warrant (d) the judge must ask searching questions and answers (e) the judge must read carefully the affidavits attached on the record of the case.

40.  X is appointed both as manager of a government corporation and mayor of his city. The appointment as manager was declared illegal. Which of the following is true? (a) he must reimburse the government of his salary as manager (b) all the contracts signed by him as manager are invalidated (c) all appointments signed by him when he was manager are invalid (d) none of the above (e) all of the above.

41.  Which of the following complies with the “plain view doctrine”? (a)  a prior valid intrusion in which the police are legally present in the pursuit of their official duties (b) the evidence was inadvertently discovered by the police who had the right to be where they are (c) the evidence must be immediately apparent (d) the plain view justified mere seizure of evidence without further search (e) all of the above.

42.  Which should not belong to the group? (a) search incidental to a lawful arrest (b) search of moving vehicles (c) customs search (d) routine airport security (e)arrests effected in hot pursuits.

43.  Rafael S. Ortanez filed with the Regional Trial Court a complaint for annulment of marriage with damages against  Teresita Salcedo-Ortanez, on grounds of lack of marriage license and/or psychological incapacity of the petitioner. Among the exhibits offered by private respondent were three (3) cassette tapes of alleged telephone conversations between petitioner and unidentified persons. Which of the following is correct? (a) the said tapes are inadmissible absolutely (b) Tape recordings are not inadmissible per se (c) they can be admitted in evidence for certain purposes, depending on how they are presented (d) Absent a clear showing that both parties to the telephone conversations allowed the recording of the same, the inadmissibility of the subject tapes is mandatory under Rep. Act No. 4200. (e) all of the above.

44.  An interisland passenger ship, M/V Super Ferry 5, sailed from Manila to Iligan City. At about 3:00 a.m.  the vessel was about to dock at the port of Iligan City when its security officer,  received a complaint from passenger about her missing jewelry. She suspected one of her co-passengersas the culprit. Diesmo(security officer) and four (4) other members of the vessel security force accompanied Canoy to search for the suspect whom they later found at the economy section. The suspect was identified as the accused, Basher Bongcarawan. The accused was informed of the complaint and was invited to go back to cabin no. 106. With his consent, he was bodily searched, but no jewelry was found. He was then escorted by two (2) security agents back to the economy section to get his baggage. The accused took a Samsonite suitcase and brought this back to the cabin. When requested by the security, the accused opened the suitcase, revealing a brown bag and small plastic packs containing white crystalline substance. Suspecting the substance to be "shabu," the security personnel immediately reported the matter to the ship captain and took pictures of the accused beside the suitcase and its contents.

Which of the following statements is correct? (a) Samsonite suitcase containing the methamphetamine hydrochloride or "shabu" was forcibly opened and searched without his consent, and hence, in violation of his constitutional right against unreasonable search and seizure.

(b) Any evidence acquired pursuant to such unlawful search and seizure, he claims, is inadmissible in evidence against him

(c) the baggage  was searched by the vessel security personnel. It was only after they found "shabu" inside the suitcase that they called the Philippine Coast Guard for assistance. The search and seizure of the suitcase and the contraband items was therefore carried out without government intervention, and hence, the constitutional protection against unreasonable search and seizure does not apply

(d) the search and seizure performed by the vessel security personnel should be considered as one conducted by the police authorities for like the latter, the former are armed and tasked to maintain peace and order

(e) he is not the owner of the Samsonite suitcase and he had no knowledge that the same contained "shabu." He submits that without knowledge or intent to possess the dangerous drug, he cannot be convicted of the crime charged.

45. Routine inspections at checkpoints are not regarded as violative of an individual's right against unreasonable search. Which of the following does not demonstrate this principle? (a) where the officer merely draws aside the curtain of a vacant vehicle which is parked on the public fair grounds (b) simply looks into a vehicle (c) flashes a light therein without opening the car's doors (4) where the occupants are not subjected to a physical or body search (d) where the inspection of the vehicles is limited to a visual search or visual inspection (e) where the routine check is conducted in any area.

PART II: Case Problem (5 points)

45. (G.R. No. 156320  Abenes v. People)The prosecution showed that three days prior to the May 11, 1998 national and local elections, the Philippine National Police (PNP) of Pagadian City, through its Company Commander Major Pedronisto Quano, created a team composed of seven policemen with a directive to establish and man a checkpoint in Barangay Danlugan at said city, for the purpose of enforcing the Gun Ban which was then being implemented by the COMELEC. SPO3 Cipriano Q. Pascua was the designated team leader.

The team proceeded to Barangay Danlugan, arriving thereat at 8:15 in the morning of May 8, 1998. Team leader SPO3 Pascua coordinated with the Barangay Chairman of Danlugan, and the team put up a road block with the marking "COMELEC GUN BAN". Vehicles passing through the road block were required by the team to stop and their occupants were then politely requested to alight in order to allow routine inspection and checking of their vehicles. Motorists who refused the request were not forced to do so.

At about 10:30 in the morning of the same day, a red Tamaraw FX trying to pass through the check point was stopped by the team and directed to park at the side of the road. As the occupants within the vehicle could not be seen through its tinted windows, SPO1 Eliezer Requejo, a member of the team, knocked on the vehicle’s window and requested the occupants to step down for a routine inspection. The eight occupants, which included the accused-appellant Rodolfo Abenes who is the Barangay Chairman of Tawagan Norte, Labangan, Zamboanga Del Sur, alighted from the vehicle. At this juncture, SPO1 Requejo and SPO3 Pascua noticed that a holstered firearm was tucked at the right waist of Abenes. The firearm was readily visible to the policemen; it was not covered by the shirt worn by Abenes. Abenes was then asked by SPO3 Pascua whether he had a license and authority to carry the firearm, and whether his possession was exempted from the Gun Ban being enforced by the COMELEC. Accused answered in the affirmative. The policemen then demanded for the pertinent documents to be shown to support Abenes’ claim. He could not show any. Hence, SPO1 Requejo confiscated Abenes’ firearm, which was later identified as a Norinco .45 caliber pistol bearing Serial No. 906347, including its magazine containing seven live ammunitions.

Questions: (a) Given the circumstances, and the evidence adduced, was the check-point validly established?(b) was the petitioner’s constitutional right against unlawful search and seizure violated? (c) Is the plain view doctrine applicable in this case? Why?