Sample Answers of Famous Bar Topnotchers!

Justiniano Montano (2nd Place, 1929) Civil Law, 100%

Q.- Distinguish between nullity of marriage and divorce.
A.- Divorce presupposes a valid marriage while a nullity presupposes a vicious or
voidable marriage.
In nullity the cause exists before or at the time of the celebration; in divorce the cause
arises subsequent to the celebration.
Q.- Differentiate between mortgage and sale with stipulation for repurchase.
A.- 1. Mortgage is an accessory contract while sale con pacto de retro is a principal
contract.
2. In sale with. pacto de retro the title is conveyed; in mortgage not.
3. In sale with repurchase possession is transferred; in mortgage it is not transferred.
4. In sale with repurchase, title in the vendee becomes absolute the moment the period for
redemption expires; in mortgage, foreclosure is necessary whether judicial or extrajudicial.
Hermenegildo Atienza (1st Place, 1932) Civil Law, 95%
Q.- A executes in favor of B a promissory note for P10,000.00, payable after two years,
secured by a mortgage on a cement building valued at P20,000.00. One year after the
execution of the note the mortgaged building was totally burned. Can B demand from A
the payment of the value of the note? Reason out your answer.
A.- A can demand the payment of the note. Mortgage is an accessory obligation and the
payment of the debt in this case is the principal obligation. Loss of the thing due
extinguishes an obligation. But the extinguishment of an accessory obligation does not
extinguish the principal obligation. The mortgage is lost and extinguished by the
destruction of the mortgaged building. But it does not, as an accessory obligation,
necessarily bring about the extinction of the principal obligation to pay the note.
Arturo Tolentino (2nd Place, 1934) Civil Law, 91%
Q.- A built a house on land belonging to B in the belief that the land was his own. The

error discovered, B formally notified A that he elected to appropriate the house. All
efforts to reach an agreement as to the sum to be paid to A having failed, A began an
action to recover the expenditures incurred by him in building the house. The house was
destroyed in a fire of purely accidental origin. Do you think that notwithstanding the loss
of the house A would be entitled to recover from B the said expenditures? Why?
A.- A would be entitled to recover the expenditures incurred by him in building the house.
The law provides that when something is built in good faith upon the land of another, the
latter shall have the option to appropriate the same upon payment of the expenses to the
builder, or to require the builder to pay the price of the land on which said building was
constructed. In the exercise of this option, B elected to appropriate the house. By so doing
he incurred the obligation to pay the expenses to A, which is an obligation which does not
depend on the continued existence of the house. It may be said that his exercise of the
option given by law made the house his own by accession. Res perit domino; hence, he
must bear the loss and pay the expenses.
Cesar Bengzon (2nd Place, 1919) Commercial Law, 92%
Q.- The vessel A collided with the vessel B in Manila Bay. The officers of both
vessels were negligent in the performance of their duties at the time of the accident. Has
the owner of B any right to recover anything from the owner of A? Give reasons.
A.- The owner of B has no right to recover from A any damage suffered by the vessel
B.
The owner of B however has a right to demand contribution from the owner of A for the
amount (if any) which the former has been compelled to pay damages to the cargo of B.
Because the law provides that when two vessels collide and both are to blame, each
suffers its own damage but they are solidarily responsible for their cargo. And it is but
reasonable that this should be the rule; because the shippers or freighters are not to be
prejudiced by the negligence of the crew of the respective vessels; and it is also
reasonable that each ship should suffer individually for the wrong of its officers. This is
to be understood, however, subject to the rule that in collisions the responsibility does not
extend farther than the value of the ship and the freightage earned.
Estanislao Fernandez (4th Place, 1933) Criminal Law, 97%
Q.- A received from B for safeguarding during Bs absence abroad a sealed trunk
containing valuable articles. A afterwards broke the trunk open with a hatchet without Bs
consent and appropriated its contents to his own use. What crime did A commit? State
your reason.
A.- This case falls within the intriguing boundary line of cases between theft and estafa.
The test whether a crime is one or the other is: was the juridical possession of the thing

delivered with it to the offender? If so, then there is estafa; otherwise, theft results.
Juridical possession means a possession which gives the transferee a right over the thing
which, in the words of Judge Albert, the transferee may set up even against the owner.
Tested by this rule, it is respectfully submitted that A is guilty of estafa. Estafa is
committed by any person who shall defraud another by any of the following means:
(1) with ungratefulness or abuse of confidence, (2) by appropriating money, goods, or
other personal property received in trust, for administration or on commission or under
any obligation which imposes the duty to deliver orreturn the thing.
In the instant case, A was given the juridical possession over the trunk, namely, the
possession of a depositary, thereby imposing upon him by the duty to hold the property in
trust and to deliver it to B on demand.
Roberto Concepcion (1st Place, 1924) Criminal Law, 95%
Q.- The municipal president of a town, in a fit of anger, mutilated and destroyed a
municipal payroll presented to him by the municipal treasurer for approval and signature.
This payroll had not yet been signed by the other municipal officials as required by law.
What crime, if any, was committed by the municipal president? Reasons.
A.- He has not committed any crime, because the papers destroyed were nothing more
than some ordinary documents, a kind of rough draft (so we may say), because they were
mere documents prepared to be converted into public documents. When they were
destroyed, they did not have any value other than what they had materially as paper. At
most, the president will be liable for the value of the papers destroyed, which is certainly
too insignificant to raise the responsibility of said president to the category of crime.
Manuel Roxas (1st Place, 1913) International Law, 100%
Q.- Jusara, a Turkish subject, sells to Hatchina of the same nationality, 100 slaves, for
which the latter gives a promissory note. The sale is made in Turkey and is perfectly valid
in that country. Both come to Manila where Jusara sues Hatchina for failure to pay the
note. Will action prosper? Explain the doctrine on this matter.
A.- The action would not succeed because, although the contract was perfectly valid
where made, yet the consideration for the same is not only illegal and immoral but is discountenanced and condemned by all civilized countries. Our courts cannot let themselves
be the instrument for the enforcement of such a contract. It is against our plain public
policy and slavery being considered an inhuman practice, our courts would not even
entertain a suit for the recovery of the purchase price.
Roque Desquitado (1st Place, 1923) International Law, 98%

Q.- Is a state responsible for the damages caused to the subjects of another in cases of
revolution or civil war? And in cases of local disturbances?
A.- A state is not liable for damages caused the other subjects in cases of revolution or
civil war. The subjects must suffer the consequences arising from revolution or civil war.
A state is not expected to guarantee to other subjects that they shall never be molested in
their peaceful residence therein. There are certain events in which a state cannot at times
cope with the situation, and revolution and civil war are among those cases. Moreover,
the residence of other subjects in the territory is a mere privilege conferred upon them by
the state. If the revolution or civil war attains such proportion that other states deem it
expedient to recognize their belligerency, then the state where such revolution happens
shall with more reason be released from the consequences arising from such state of
things.
In local disturbances the state is liable as in the case of the Boxer Rebellion in China
where China was compelled to pay indemnity to states whose subjects were injured
thereby.
Hermenegildo Atienza (1st Place, 1932) Political Law, 100%

Q.- Can the judicial power ever exercise any control over the executive or legislative?
A.- When the judicial power declares a law unconstitutional, or nullifies an act of the
executive, it may be said for practical effect that the judicial power exercises a certain
degree of control over these branches. Yet in legal theory, as repeatedly declared by the
courts, such acts of the judiciary in no way control the other branches, but simply gives
effect to the fundamental law which is of superior obligation. It is the particular province
of the courts to declare what the law is, and when a statutory enactment contravenes a
constitutional provision, it is for the courts to give effect to the constitution. In the famous
case of Marbury vs. Madison, Chief Justice Marshall denied that in the declaration by the
Supreme Court that a certain act of Congress was unconstitutional, it was thereby in
control of the legislative branch. It was only declaring what the fundamental law is, and
to show the way for the legislature. For like any branch of government, the legislative and
the executive branches must act within the law, or they are lawless usurpations.
Q.- Can legislative powers be delegated?
A.- Legislative powers cannot be delegated. This is based on the ethical principle that the
power is not simply a right or privilege, but a duty and obligation. It has its constitutional
justification in the doctrine, that where the sovereign power has placed a power, there it
must remain, and one to whose judgment, wisdom and patriotism a duty has been
entrusted should not perform it through the judgment, wisdom, or patriotism of another.
However, where the delegation is not of the power to determine what the law is, but how
it is to be executed, the delegation is proper. (U. S. vs. Ang Tang Ho; U. S. vs. Barrias;

Inchausti vs. Public Utility Commission).

Q.- Define the police power. What are its bases? What are its limitations?
A.- Police power has been defined as the inherent power of the state to adopt any measure
necessary to protect public interest and promote public welfare. It includes practically the
whole field of regulation. (U. S. vs. Pompeya). It extends to everything essential to public
safety, health, morals, peace and order and justifies abatement of anything that may be
considered a public nuisance. (U.S. vs. Toribio).
It is based on 2 well-known maxims: Salus populi est suprema lex (The welfare of the
people is the supreme law); and Sic utere tuo, ut alienum non laedas (So use yours that
it may not damage your neighbors)
The only limitations on public power are that it must be reasonable and not oppressive or
discriminatory, and must be for the public benefit or purpose primarily, and not for the
benefit of a private person, although the public be incidentally benefited. There must,
therefore, be a fair and reasonable necessity and relation between the means employed
and the end to be achieved.
Manuel Roxas (1st Place, 1913) Remedial Law, 100%

Q.- Upon what ground is hearsay evidence excluded?

A.- Hearsay evidence is excluded upon the broad grounds of public policy. It is excluded
upon the sound theory that no man can better express his ideas than he himself. A perfect
knowledge of human nature must commend this rule, for it is very seldom, if at all, that a
man can repeat in court what another has told him regarding a particular fact, and the
allowance of the evidence would lead to innumerable frauds and to great difficulty in the
determination of facts. Besides, if hearsay is admissible if given by the person who say
that he heard another say something, logically, at least, it must also be admissible if told
by a third or a fifth, or a tenth person who testifies as to what he had heard the previous
man said to what he had heard another previous man saying, and so on, and thus a story
of three words may become a thousand. The law cannot allow that.
Hearsay is only admitted in very few cases where the law on the ground of necessity or
convenience admits it, but well guarded by technical rules.
Arturo Tolentino (2nd Place, 1934) Legal Ethics, 94%

Q.- What limitation is there upon the right of an attorney to coach his witnesses?

A.- The attorney may coach his witnesses in the proper manner of answering questions so
that the facts to which they testify may be clearly brought out. The limitation is that he
should never teach the witness to state facts which the witness does not know; in other
words, he should not manufacture evidence and then make the witness his mouthpiece.
He should never induce the witness to commit perjury.
Posted 27th July 2012 by rsb
0
Add a comment

POLITICAL LAW BLOG FOR THE FIRST YEAR

Sidebar

1
2
3
4
5
6
7
8 Home
MIDTERM EXAMINATION IN CONSTITUTIONAL LAW
sample problems in constitutional law
sample problems for the final examination
problems on citizenship
citizenship problems
1
legislative encroachment
ROBERTO A. FLORES, DANIEL Y. FIGUEROA, ROGELIO T. PALO, DOMINGO A.
JADLOC, CARLITO T. CRUZ and MANUEL P. REYES, petitioner, vs. HON.
FRANKLIN M. DRILON, Executive Secretary, and RICHARD J. GORD
legislative veto
Congressional oversight
QUITERIO HERMO
JUAN GALLANOSA FRIVALDO,(1989)
NORA FE SAGUN
JUAN G. FRIVALDO (1996)
ROGEN T. DAL
BALGAMELO CABILING

MARIO B. LAPIA AND FLOR DE VEGA,

CIPRIANO ORBECIDO II
BENJAMIN M. DACANAY
JOEVANIE ARELLANO TABASA
JOCELYN SY LIMKAICHONG
OSCAR R. QUILALA.
AN ACT PROVIDING FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP FOR
CERTAIN ALIENS BY ADMINISTRATIVE NATURALIZATION AND FOR OTHER
PURPOSES
PROVIDING FOR REPATRIATION OF FILIPINO WOMEN WHO HAD LOST THEIR
PHILIPPINE CITIZENSHIP BY MARRIAGE TO ALIENS AND OF NATURAL BORN
FILIPINOS
N ACT PROVIDING THE MANNER IN WHICH THE OPTION TO ELECT
PHILIPPINE CITIZENSHIP SHALL BE DECLARED BY A PERSON WHOSE
MOTHER IS A FILIPINO CITIZEN
SIMEON DATUMANONG
ROSELLER DE GUZMAN,
VICENTE D. CHING
EPIFANIO B. MUNESES,
MICHAEL ALFIO PENNISI,
COMMONWEALTH ACT No. 473
"Citizenship Retention and Re-acquisition Act of 2003."
COMMONWEALTH ACT No. 63 AN ACT PROVIDING FOR THE WAYS IN WHICH
PHILIPPINE CITIZENSHIP MAY BE LOST OR REACQUIRED
tecson v. comelec
bengzon v. hret
PEOPLE OF THE PHILIPPINES, Petitioner, vs. DANTE TAN, Respondent.
PEOPLE OF THE PHILIPPINES, Appellee, vs. HUBERT JEFFREY P. WEBB,
An error of judgment is one in which the court may commit in the exercise of its
jurisdiction.21 An error of jurisdiction is one where the act complained of was issued by
the court without or in excess of jurisdiction, or with grave abuse of discretion which is
tantamount to lack or in excess of jurisdiction and which error is correctible only by the
extraordinary writ of certiorari.22 Certiorari will not be issued to cure errors by the trial
court in its appreciation of the evidence of the parties, and its conclusions anchored on
the said findings and its conclusions of law.23 Since no error of jurisdiction can be
attributed to public respondent in her assessment of the evidence, certiorari will not lie.
PETRONILA C. TUPAZ, petitioner, vs. HONORABLE BENEDICTO B. ULEP
LIGAYA M. APOLINARIO, Petitioner, vs. DESIREE B. FLORES, Respondent.
February 8th, 2013
FRANCO GORION, petitioner, vs. REGIONAL TRIAL COURT OF CEBU
ELADIO C. TANGAN, petitioner, vs. THE PEOPLE OF THE PHILIPPINES
JASON IVLER y AGUILAR, Petitioner, vs. HON. MARIA ROWENA MODESTO-SAN
PEDRO
RAMON S. PAULIN, ANGELA F. PAULIN and JOSE BACHO, petitioners, vs. HON.
CELSO M. GIMENEZ
PEOPLE OF THE PHILIPPINES, petitioner, vs. THE CITY COURT OF SILAY,

PEOPLE OF THE PHILIPPINES, petitioner, vs. THE HONORABLE BENJAMIN

RELOVA, i
midterm result
SOUTHERN HEMISPHERE ENGAGEMENT NETWORK, INC., on behalf of the
South-South Network (SSN) for Non-State Armed Group Engagement, and ATTY.
SOLIMAN M. SANTOS, JR., Petitioners, vs. ANTI-TERRORISM COUNCIL
OPOSA V. FACTORAN
Bar Examination Questionnaire for Political Law
MIDTERM EXAMINATION IN CONSTITUTIONAL LAW

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 wellbeing". 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 wellbeing 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 cars 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

Posted 24th January by rsb

0
Add a comment

Loading
Dynamic Views template. Powered by Blogger .