1.The Constitution
provides that the "separation of church and state shall be
inviolable." This is implemented most by the constitutional principles
embodied in:
a) the free exercise
clause;
b) the
non-establishment clause;
c) the freedom of
religious belief clause;
d) the freedom of
religion clause.
2. Which one of the
following is a non-self-executing provision of the Constitution:
a) no law shall be
passed abridging the freedom of speech;
b) no law shall be
made respecting an establishment of religion;
c) no person ~hall be held to
answer for a criminal offense without due process of law;
d) the state shall
encourage and support researches and studies on the arts and culture.
3.The three Essential
parts of a Constitution are:
a) the bill of
rights, governmental organization and functions, and method of amendment;
b) the preamble, t~e bill of rights,
and provisions on checks and balances;
c) the national
territory, the declaration of principles and state policies, and the transitory
provisions;
d) the executive
department, the legislative department and the judiciary.
4.Identify which one
is an invalid exercise of the legislative power:
a) legislation by
local government on purely local matters;
b) law granting an
administrative agency the power to define policy and fix standards on price
controls;
c) law authorizing
the President, in times of war or other national emergency, for a limited
period, subject to prescribed restrictions, to exercise powers necessary and
proper to carry out a declared national policy;
d) law authorizing
the President to fix, within specific limits, tariff rates, import and export
quotas, and other duties, within the framework of the national development
program of the government .
5.A person who has a
personal and substantial interest in the case, such ·that he has sustained, or
will sustain, direct injury as a result of its enforcement is considered to
have:
a) understanding to
challenge the governmental act;
b) standing to
challenge the governmental act;
c) opportunity to
challenge the governmental act;
d) familiarity to challenge the governmental act.
6.Congressman Sugar 011
authored a bill called House Bill No. 0056which
legalizes jueteng. When the Bill became law (RA 1 0156), Fr. Nosu Gal, a
priest, filed a petition seeking for the nullification of RA10156 on the ground
that it is unconstitutional as it violates Section. 7, Article II, of the 1987
Constitution which states that "The state recognizes the vital role of the
youth in nation-building and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being". Fr. Gal filed the
petition as a concerned citizen and as taxpayer. Does Fr. Gal have locus
standi?
a) No, because Fr.
Gal has no personal and substantial interest that will be prejudiced by the
implementation of the law;
b) No, the law
concerns neither citizenship nor expenditure of public funds;
c) Yes, because the
issue is of transcendental importance;
d) Yes, because as
priest, Fr. Gal has special interest in the well-being of the youth.
8.The "operative
fact" doctrine of constitutional law is applied when a law is declared:
a) operative;
b) factual; ,
c) constitutional;
d) unconstitutional.
9. The totality of
governmental power is contained in three great powers:
a) police power,
power of sequestration, power of foreign policy;
b) power of
immigration, municipal power, legislative power;
c) executive power,
legislative power, judicial power;
d) police power, power of eminent
domain, power of taxation.
10The most essential,
insistent and the least limitable of (government) powers, extending as it does
to all the great public needs, is:
a) emergency power;
b) police power;
c) legislative ~ower;
d) power to declare
martial law.
11. In the hierarchy
of civil liberties, which right occupies the highest preferred position:
a) right to academic
freedom;
b) right to a
balanced and. healthful ecology;
c) right to freedom
of expression and of assembly;
d) right to equal health.
12.Under Article Ill,
Section 2 of the Bill of Rights, which provides for the exclusion of evidence
that violate the right to privacy of communication and correspondence, to come
under the exclusionary rule, the evidence must be obtained by:
a) private
individuals acting on their own;
b) government agents;
c) private
individuals acting on orders of superiors;
d) former higH
government officials.
13. The complementing
regime that best characterizes the guarantees of freedom of speech and of the
press are:
a) prior punishment
and moderate punishment;
b) prior censorship
and subsequent remedies;
c) no prior restraint
and subsequent punishment;
d) no prior restraint
and no subsequent punishment.
14.The free exercise
and non-establishment clauses pertain to which right under the Bill of Rights:
a) liberty of
movement;
b) liberty of abode;
c) religion;
d) life and liberty
15.The Gangnam
Style's Witnesses (whose tenets are derogatory to the Catholic Church), applied
for a permit to use the public plaza and kiosk to hold their religious meeting
on the occasion of their founding anniversary. Mayor Lebron allowed them to use the
northwestern part of the plaza but not the kiosk (which is a few meters away
from the Catholic church). Members of the Gangnam Style Witnesses claim that
the act of Mayor Lebron is a violation of their freedom of
assembly and
religion. Is this correct?
a) No, because this
is a valid exercise of police power;
b) Yes, because the
plaza being of public use can be used by anybody regardless of religious
belief;
c) No, because
historical experience shows that peace and order may be disturbed whenever two
opposing religious groups or beliefsexpound their dogmas;
d) Yes, because there
is no clear and present danger in holding a religious meeting by another
religious group near a catholic church.
16. Which one is NOT
a recogn1zed limitation to the right to information on matters 1of public
concern:
a) national security
matters;
b) trade secrets and
banking transactions:,
c) criminal matters
or classified law enforcement matters;
d) government research data used
as a basis for policy development1
17.Wh1ch one of the follow
ing Circumstances is NOT an element of taking under eminent domain:
a) entering upon
public property for a momentary period:
b) under color of
legal authority;
c) devoting it to
public use;
d) as substantially
to oust the owner of all beneficial ownership.
18. Market value for
purposes of determining just compensation in eminent domain has been described
as the fair value of property:
a) between one who
desires to purchase and one who does not desire to sell;
b) between one who
desires to purchase and one who wants to delay selling;
c) between one who
desires to purchase and one who desires to sell;
d) between one who
desires to purchase on terms and one who desires to sell after a period of time
19Under Article Ill,
Section 12 of the
Constitution, any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent, etc. The
investigation referred to is called:
a) preliminary
investigation:
b) summary
ir,Jvestigation;
c) criminal
investigation;
d) custodial investigation
20.All persons
charged shall, before conviction, be bailable by sufficient sureties, except
those charged with.
a) offenses
punishable by death when evidence of guilt is strong;
b) offenses
punishable by life imprisonment when evidence of guilt is strong;
c) offenses
punish.able by death when evidence of guilt is weak;
d) offenses
punishable by reclusion perpetua when evidence of guilt isstrong.
21.Criminal trial may
proceed, notwithstanding the absence of the accused provided that he has been
duly notified, and his failure to appear is unjustifiable, after :
a) preliminary
investigation;
b) arraignment;
c) sentencing;
d) prosecution has rested its
case
22.The requisites of
a valid trial in absentia exclude:
a) Wherein his/her
failure to appear is unjustifiable;
b) Wherein he/she
allows himself/herself to be identified by the witness in his/her absence,
without further unqualifiedly admittingthat every time a witness mentions a
name by which he/she isknown, it shall be understood to refer to him/her;
c) Wherein he/she has
been duly notified of the trial;
d) Wherein the
accused has already been arraigned.
23. The privilege of
the writ of habeas corpus shall not be suspended except in cases of:
a) imminent danger of
invasion or rebellion when the public safety requires it;
b) grave danger of
invasion or rebellion when the public safety requires it"
'c) clear and present
danger of invasion or rebellion when the public safety requires it;
d) invasion or
rebellion when the public safety requires it.
24.The right of the
accused against self-incrimination will be violated if:
a) he is charged with
violation of the Anti-Money Laundering Act and he was required to produce his
bank passbook;
b) he is a public
officer charged with amassing ill-gotten wealth and his statement of assets and
liabilities will be presented as evidence;
c) his gun was
subjected to a ballistics test;
d) a sample of his
blood was taken if his blood type matches the blood type found at the scene of
the crime.
25.An ex post facto
law has been defined as one:
a) which aggravates a
crime or makes it lesser than when it was committed;
b) which mitigates a
crime or makes it lesser than when it was committed;
c) which aggravates a
crime or makes it greater than when it was committed;
d) which aggravates a
crime or makes it non-criminal after it was committed.
26. A bill of
attainder is:
a) an executive act
which inflicts punishment without tender;
b) a judicial act
which inflicts punishment without tender;
c) a legislative act
which inflicts punishment without trial;
d) a legislative act· which
pardons punishment after tender.
27.In Oposa vs.
Factoran, Jr., G.R. No. 101083, July 30, 1993, the Supreme Court held that the
personality of the petitioners to sue is based on the concept of:
a) ecological responsibility;
b) environmental
accountability;
c) intergenerational
responsibility;
d) interdisciplinary
responsibility.
28.Optional religious
instruction in public elementary and high schools is allowed provided it be:
a) without additional
overtime cost to Government;
b) without additional
cost to Government;
c) without additional
cost for religious books to Government;
d) without additional power
consumption costs to Government
29.The right of the
accused to be informed is violated if:
a.he was accused of
killing his wife by strangulation but it was proven that his wife died of
poisoning;
b.it was proven that
he killed somebody on a date different from the one alleged in the information;
c.he was charged with
parricide but was convicted of murder, because it turned out that he and the
victim were not married;
d.the accused was
charged with commission of acts of lasciviousness and was convicted of unjust
vexation
30.A criminal statute
that "fails to give a person of ordinary intelligence fair notice that his
contemplated conduct is forbidden by statute" is:
a.void for fair
notice;
b.void for
arbitrariness;
c.void for vagueness;
d.void conclusively.
31."Chilling effect'_' is a concept used in the area
of constitutional litigatron affecting: ·
a.protected speech;
b.protected executive
privilege;
c.protected
legislative discretion;
d.protected judicial
discretion.
32.In the law of
libel and protected speech, a person who, by his accomplishments, fame, or mode
of living, or by adopting a profession or calling which gives the public a
legitimate interest in his doings, his affairs, and his character, has become
a:
a.public figure;
b.celebrity;
c.public official;
d.de facto public
officer.
33.Which one of the
following is not a proper test in cases of challenges to governmental acts that
may violate protected speech:
a.clear and present
danger;
b.balancing of
interests;
c.reasonable
relation;
d.dangerous tendency.
34. Commercial speech
is entitled to
a) more protection
compared to other constitutionally guaranteed expression;
b) equal protection
compared to other constitutionally guaranteed expression;
c) lesser protection
compared to other constitutionally guaranteed expression:
d) none of the above.
35. No liability can
attach to a false, defamatory statement if it relates to official conduct
unless the public official concerned proves that the statement was with
knowledge that it was false or with reckless disregard of whether 1t was false or not. This is known as what
rule?
a) libel malice rule;
b) actual malice
rule;
c) malice in fact
rule;
d) legal malice rule.
36. It is a form of
entrapment The method is for an officer to pose as abuyer. He, however, neither
instigates nor induces the accused to commit a crime because in these cases,
the "seller" has already decided to commit a crime. The offense
happens right before the eyes of the officer. Under these circumstances:
a) there is a need
for an administrative but not a judicial warrant for seizure of goods and
arrest of the offender;
b) there is ne~d for a warrant
for the seizure of the goods and for the arrest of the offender;
c) there is no need
for a warrant either for the seizure of the goods or for the arrest of the
offender,
d) the offender can
be arrested but there is a need for a separate warrant for the seizure of the
goods.
37. Where a police
officer observes unusual conduct which leads him reasonably to conclude in
light of his experience that criminal activity may be afoot and that the
persons with whom he is dealing may be armed and dangerous and he identifies
himself and makes reasonable inquiries, but nothing serves to dispel his
reasonable fear for his own or other's safety, he is entitled to conduct a
carefully limited search of the outer clothing of such persons for weapons.Such
search is constitutionally permissible and is known as a:
a) stop and search;
b) stop and frisk;
c) stop and
interrogate;
d) stop and detain.
38. Accused was
charged with slight illegal detention. On the day set for the trial, the! trial
court proceeded as follows:
"Court: --to the accused: Q:
"Do you have an attorney or are you
going to plead guilty?"
A: "I have no lawyer and i
will plead
guilty."
Accused was
then arraigned, pleaded guilty, was found guilty and sentenced. On appeal, the
Supreme Court reversed. The accused was deprived of his:
a) right to
cross-examination;
b) right to be
presumed innocent;
c) right to counsel;
d) right to production of
evidence
39. The
constitutional right of an accused "to meet the witnesses face to face"
is primarily for the purpose of affording the accused an opportunity to:
a) identify the
witness;
b) cross-examine ~he witness;
c) be informed of the
charge;
d) be heard.
40. The city
government filed a complaint for expropriation of 10 lots to build a recreational
complex for the members of the homeowners' association of Sitio Sto. Tomas, the
most populated residential compound in the city. The lot owners challenged the
purpose of the expropriation. Does the expropriation have a valid purpose?
(A) No, because not everybody uses a
recreational complex.
(B) No, because it intends to benefit a private
organization.
(C) Yes, it is in accord with the general
welfare clause.
(D) Yes, it serves the well-being of the local
residents.
41. An example of a
content based restraint on free speech is a regulation prescribing
(A) maximum tolerance of pro-government
demonstrations.
(B) a no rally-no permit policy.
(C) when, where, and how lawful assemblies are
to be conducted.
(D) calibrated response to rallies that have
become violent.
42.The government
sought to expropriate a parcel of land belonging to Y. The law provides that,
to get immediate possession of the land, the government must deposit the
equivalent of the land's zonal value. The government insisted, however, that
what apply are the rules of court which require an initial deposit only of the
assessed value of the property. Which should prevail on this matter, the law or
the rules of court?
(A) Both law and rules apply because just
compensation should be fixed based on its zonal or assessed value, whichever is
higher.
(B) Both law and rules apply because just
compensation should be fixed based on its zonal or assessed value, whichever is
lower.
(C) The law should prevail since the right to
just compensation is a substantive right that Congress has the power to define.
(D) The rules of court should prevail since just
compensation is a procedural matter subject to the rule making power of the
Supreme Court.
43.After X, a rape
suspect, was apprised of his right to silence and to counsel, he told the
investigators that he was waiving his right to have his own counsel or to be
provided one. He made his waiver in the presence of a retired Judge who was
assigned to assist and explain to him the consequences of such waiver. Is the
waiver valid?
(A) No, the waiver was not reduced in writing.
(B) Yes, the mere fact that the lawyer was a
retired judge does not cast doubt on his competence and independence.
(C) Yes, the waiver was made voluntarily,
expressly, and with assistance of counsel.
(D) No, a retired Judge is not a competent and
independent counsel.
44.The equal
protection clause allows valid classification of subjects that applies
(A) only to present conditions.
(B) so long as it remains relevant to the government.
(C) for a limited period only.
(D) for as long as the problem to be corrected
exists.
45.The right of the
State to prosecute crimes by available evidence must yield to the right of
(A) the accused against self-incrimination.
(B) another State to extradite a fugitive from
justice.
(C) the State to deport undesirable aliens.
(D) the complainant to drop the case against the
accused.
46.In what scenario
is an extensive search of moving vehicles without warrant valid?
(A) The police became suspicious on seeing
something on the car’s back seat covered with blanket.
(B) The police suspected an unfenced lot covered
by rocks and bushes was planted to marijuana.
(C) The police became suspicious when they saw a
car believed to be of the same model used by the killers of a city mayor.
(D) The driver sped away in his car when the
police flagged him down at a checkpoint.
47. An informer told the
police that a Toyota Car with plate ABC 134 would deliver an unspecified
quantity of ecstacy in Forbes Park, Makati City. The officers whom the police
sent to watch the Forbes Park gates saw the described car and flagged it down.
When the driver stopped and lowered his window, an officer saw a gun tucked on
the driver's waist. The officer asked the driver to step out and he did. When
an officer looked inside the car, he saw many tablets strewn on the driver's
seat. The driver admitted they were ecstacy. Is the search valid?
(A) No, the rule on warrantless search of moving
vehicle does not allow arbitrariness on the part of the police.
(B) Yes, the police officers had the duty to
verify the truth of the information they got and pursue it to the end.
(C) Yes, the police acted based on reliable
information and the fact that an officer saw the driver carrying a gun.
(D) No, police officers do not have unbridled
discretion to conduct a warrantless search of moving vehicles.
48. Accused X pleaded not
guilty to the charge of homicide against him. Since he was admitted to bail,
they sent him notices to attend the hearings of his case. But he did not show
up, despite notice, in four successive hearings without offering any
justification. The prosecution moved to present evidence in absentia but the
court denied the motion on the ground that the accused has a right to be
present at his trial. Is the court correct?
(A) No, the court is mandated to hold trial in
absentia when the accused had been arraigned, had notice, and his absence was
unjustified.
(B) Yes, it remains discretionary on the court
whether to conduct trial in absentia even if the accused had been arraigned and
had notice and did not justify his absence.
(C) Yes, it is within the court's discretion to
determine how many postponements it will grant the accused before trying him in
absentia.
(D) No, the court may reject trial in absentia
only on grounds of fraud, accident, mistake, or excusable negligence.
49. Involuntary servitude
may be required as
(A) part of rehabilitation of one duly charged
with a crime.
(B) substitute penalty for one who has been duly
tried for a crime.
(C) punishment for a crime where one has been
duly convicted.
(D) condition precedent to one's valid
arraignment.
50. The price of staple
goods like rice may be regulated for the protection of the consuming public
through the exercise of
(A) power of subordinate legislation.
(B) emergency power.
(C) police power.
(D) residual power.
END OF THE EXAMINATION
