MULTIPLE CHOICE QUESTIONS

June 20 2019

1. The Philippines is a democratic country because Filipinos can directly enact or

repeal laws.

2. Shall separation pay be allowed as a measure of social justice to all dismissed

employees? Yes, if the employees is validly dismissed for causes other than
serious misconduct.

3. In Oposa vs. Factoran, G.R 101083, the Supreme Court held that the personality
of the petitioners to sue is based on the concept of Intergenerational
responsibility

4. In the view of the constitutional protection of the life of the “unborn” form
conception and the ruling in Imbong vs. Ochoa, Congress is prohibited from
enacting a law that will promote. Abortifacient.

5. The Philippines is a republican state because the Philippines has a

representative type of government.

6. The prohibition against political dynasty in the 1987 constitution cannot be

enforced because Congress has not yet passed a law defining political
dynasty.

7. The Fundamental equality before the law of women and men signifies a push for
legislation eliminating inequalities in existing laws.

June 25 2019

1. The age qualification of a Congressman must be possessed on the day of

Election fixed by law.

2. Without amending the constitution, the numerical composition of the House of

Representative can be increased.

3. As decided in Atong Paglaum vs. Comelec, the nominees of the party-list group
must belong to their respective sectors they are nominated and have a track
record of advocacy for their respective sectors/.
4. During the deliberation of committee of the House and while Congress was in
recess a heated argument ensued between Congressman A and B with the latter
uttering “seemingly-libellous” statements against the former. If the congressman
“A” filed a criminal case of libel on the fiscal’s office can Cong. B invoke privilege
of speech and debate? Yes, since the utterances were made during a
committee session.

5. In the preceding question, assume that the congressman A walked out form the
committee session out of anger and shame. Just as she drove out from the gate
of the Batasan complex she ran over a pedestrian. If charged with reckless
Imprudence punishable by not more than 6 years and be arrested, congressman
A can be arrested for she committed a crime, unless she puts a bail.
6. Can a congress pass a new a law or re-incorporate a provision of law which was
declared unconstitutional by the Supreme Court? No, unless circumstances
have so changed as to warrant re-incorporation or re-enactment.
7. After the consecutive terms, Senator Cynthia has to wait for 3 years before she
can run as Congresswoman of the home district.

8. Article VI, Section 5 (3) of the constitution requires that for a city to be entitled to
have at least one representative, its population shall be at least 250,000.

9. In order to ensure that the power delegated by the legislature is not law-making
power, the statute making the delegation must be complete in it and fix a
standard.

10. The residence requirement of a candidate for Senator is satisfied if one is

domiciled in the Philippines for at least two years immediately preceding the
election even if he is not physically present in the Philippines during the two-
year period.

July 02 2019

1. Without Congressional authority, can the President declare a state of national

emergency and exercise emergency power? I qualify. He can declare a state of
national emergency but not exercise emergency powers.

2. Atty. Cruz of the Padilla, Cruz and Sarmiento Law Office ran and won as
Congressman of the 2nd district of Makati. For a case pending before
Sandiganbayan, his law office can appear.
 3. Neither house during the session of the Congress shall, without consent of the
other, adjourn for more than 3 days.

4. Senator Baler should notify the senate of a potential conflict of interest that may
arise from the filing of a proposed legislation of which he is a co-author.

5. Under Executive Order NO. 464 all cabinet officials must first secure a
presidential consent before they can appear in Congress for question hour or
legislative investigation. Is EO 454 valid? I qualify. Prior consent is need for
question hour.

6. If he resigns form Congress, Congressman Castro can be appointed to neither a

civilian, military office created during his congressional term and an office
with emoluments increased during his term.

7. Must the congressional rules for legislative investigation and question hour be
published? I qualify. Only investigation rules have to be published.

July 09 2019

1. Which court or tribunal has jurisdiction over challenges on qualification of

candidate for president? Neither the COMELEC nor PET nor Supreme Court.
2. An incumbent president can invoke the privilege of immunity form suit in
criminal, civil administrative cases.
3. Can a past president run again for re-election? No, he cannot run again for re-
election.
4. In case of vacancy in the Vice-presidency, the President shall nominate the vice
president from among the members of Congress who shall assume office upon
confirmation by a majority of vote of all the members of both House of the
Congress, voting separately.
5. At the beginning of their terms, the vice-president–elect shall serve as acting
President except if the president–elect dies.
6. In case of serious illegal of the president, the public shall be informed of the state
of his health and the Cabinet member in charge of national security, foreign
relations, AFP Chief of Staff shall not denied access to the President during
such illness.
7. A chief characteristic of the presidential form of government is supremacy of the
presidency compared to the totality of powers of the legislative.
8. Suppose the canvassing for president if elections are not yet through but he time
has come for the final adjournment of Congress. The canvassing by Congress
should continue until the end of the member’s term.
 9. The following statement described the cabinet: extra-constitutional created,
removable by the president at will and it has no authority over the
president.
10. Executive privilege is a privilege over certain types of information.

July 16, 2019

1. Is judicial legislation the embodiment of the rule-making power of the Supreme

Court? No, judicial legislation, unlike the SC’s rule-making power is
Unconstitutional.

2. The “operative fact” doctrine applies to either laws passed by Congress,

presidential executive orders or presidential proclamations which have been
declared unconstitutional.

3. The Supreme Court in division can lay down a doctrine or principle of law in a
decision. True. The Supreme Court in division can lay down a doctrine or
principle of law in a decision.

4. Can the Supreme Court decisions and resolution be subject of “legislative

investigations in aid of legislation”? No, they cannot be inquired into in
“congressional investigations in aid of legislation”

5. Congress of the Philippines has the power to define the jurisdiction, prescribe
the jurisdiction, and apportion the jurisdiction of various courts in the
country.

6. The Supreme Court has the power to order a change of venue or place of trial to
avoid miscarriage of justice.

7. Rules of procedure of special courts and quasi-judicial bodies are subject to

review and disapproval by the Supreme Court.

8. During the deliberations of the 15 man Supreme Court en banc over the
constitutionality of a law, eleven justices were present but only 9 justices took
part in the actual deliberation. The vote of at 5 justices is needed to declare the
law as unconstitutional.

9. Congress enacted into Law RA 11666, which establish the right to trial by jury of
an accused charged with a crime punishable with life imprisonment, prescribing
the qualifications of prospective jury members and the guidelines to be observed
 by the judge and lawyers in jury selection. Prior to its actual implementation, is
there actual controversy ripe for adjudication for purposes of challenging the
bill/law? Yes, even prior to the actual implementation of the specified law.

10. In the preceding question and if challenged, RA 11666 shall be deemed an

intrusion into judicial power.

July 23, 2019

1. The certification requirement that “conclusions of the Supreme Court were

reached in consultation before the case is assigned to a member for the writing
of Court’s opinion” does not apply to Administrative cases.

2. The following naturalized Filipinos were appointed: Y as the Court of Appeals

Justice and Z as Supreme Court Justice. On account of citizenship, are their
appointments valid and constitutional? NO. Y & Z are invalid and
unconstitutional.

3. The unanimity rule in the screening of nominees to the judiciary in the Judicial
and Bar Council can be invoked if the integrity of the nominee is challenged.

4. Pro hac vice is defined as a Latin term meaning “for this one particular
occasion.

5. Regular members of the Judicial and Bar Council can be re-appointed and have
no age limitation. True. They can be re-appointed and they have no age
limitation

6. A law requiring the Supreme Court (SC) to submit to the President and to
Congress an annual report on the operation and activities of the Judiciary, within
30 days from the opening of each regular session of Congress is consistent
with the Constitution.

7. Is the Supreme Court as well as the lower courts guided and controlled by
precedents. I qualify. The Supreme Court is guided but it is not controlled
by precedent.

8. The two-member representation from the Senate and the House of

Representative in the Judicial and Board Council runs counter to the letter and
spirit of the Constitution.
 9. The Supreme Court, lower collegiate courts and lower courts should decide the
cases submitted to them for decision within the period of 24, 12, and 3 months,
respectively.

10. A justice of the Supreme Court who took no part, dissented, abstained from a
decision must state the reason therefore.

July 26, 2019

1. The next in rank rule is a neither mandatory nor peremptory requirement is

civil service promotion

2. If allowed by the constitution, members of the cabinet, congressman and

senators, governor and mayors can hold another government position.

3. Do public school teachers have the right to form unions and the right to hold a
strike? I qualify; they have the right to form unions but cannot hold a strike.

4. Casual and temporary government employees do not enjoy security of tenure.

5. The prohibition against nepotism applies to either original or promotional

appointments.

ESSAY

June 20, 2019

1. China created stem cell program wherein human tissues and organs replicated
and grown in laboratories independent from any human body and successfully
implanted to clinical patients. With this development, PH presidential
Spokesperson Palito announced that Malacañang will adopt the Chinese stem
cell program. Pira-pirasong Pangarap [PPP] a rights advocacy group against
body parts and tissues challenged the plan as violates of the Constitution as it
would devalue the dignity of every human person, Rule on the PPP’s challenge
with reason.
 2. The president of the Philippines issued Executive order no. 1150 prohibiting the
use, either as basic reading material or as reference material, Dan Brown’s book
“The Da Vince Code” declaring that the work friction tried to discredit some
religious teachings and beliefs upheld by a great number of Filipinos. The officers
of the Superman University Parents Teachers Association challenged the
directive as violative of Section 6 Article II of the 1987 Constitution. Rule with
reason on the challenge.

June 25, 2019

1. Congressman Juan, will be serving his third term in the lone district of Batanes
which will expire in June 2022. Congressman Juan is also a very active member
of a party-list Ako MD (Murag Doctor) Which is a national party list group
composed of Health Workers who have not taken or who have not passed
licensure examinations in medicine, physical therapy, and nursing. He wants to
know from you if in the 2022 National Election he is qualified to run as
party list representative for Ako MD. Advise him with reason.

July 02 2019

1. Congressman Baroque was elected as Congressman under the kalamay Party-

list. A year after sitting as Congressman, the leadership of Kalamay filed before
the Commission on Elections [COMELEC] for the expulsion of Cong. Baroque
because of failing to represent the interest of the group in Congress. Cong.
Baroque countered and sought also for the nullification of the registration of
Kalamay Party-list before the COMELEC for being a front of seditious group that
seek to topple government through violence. Do you think the Comelec has
the power and jurisdiction to hear both complaints of Kalamay Paty-list and
Congressman Baroque? Explain.

2. The Senate Committee on Maritime Safety and Navigation conducted last week
a Senate Investigation on the recent ramming of a Filipino fishing vessel by a
Chinese Militia in Reed Bank West Philippine Sea. The captain and the crew of
the Filipino fishing vessel as well as the crew of the Vietnamese vessel (who
rescued the Filipinos after the ramming) were invited as resource speaker.
During the Senate investigation, the Vietnamese crew confirmed that they
witnessed how they witnessed how the Chinese left the area after the incident
without helping the Filipinos who were adrift the sea seeking help. The Filipino
crew and captain however, refused to answer any questions which prompted the
Senate Committee to hold them in contempt and detained them indefinitely inside
 the Senate building. Being an continuing body, can the Senate indefinitely
detain the Filipino crew and captain?

July 05 2019 “I agree, disagree, qualify”

1. There is no constitutional prohibition against double taxation in the

Philippines.
2. As ruled in Araullo vs. Aquino, a law is required to adopt or implement the
Disbursement Acceleration Program.
3. The provision that “no money shall paid be paid out of the Treasury except in
pursuance of an appropriation made by law” is a limit on both the legislative
and executive department.
4. Law passed by the people through initiative and referendum can be vetoed by
the President or can be amended or repealed by Congress in a subsequent
law.
5. The prohibition against cross-border transfer apply to appropriation and
savings.

July 09 2019

1. The President can no longer walk because of osteoporosis, he can no longer talk
because of malignant burger disease and he cannot also move his arm because
of myocardial infarction secondary to mild cerebral stroke. Notwithstanding all
these, he told congress, through his executive secretary that he is still capable of
running the affairs of the country. majority of his cabinet members, however
made a contrary view and position which they communicated to Congress.
Because of their actuations, the President replaced majority members who made
contrary view of his condition. The new cabinet members are fully concurred in
with the position of the President’s capability to run the country. Should the
president be considered permanently or temporarily incapacitated to
continue in office?

July 12, 2019 “I agree, disagree, qualify”

1. The acts and decision of the secretaries of the different departments are acts and
decisions of the Presidents, unless and until reprobated or overruled by the
president
2. The president cannot make and issue appointments two months immediately
before the next presidential elections and up to the end of his term
3. The approval and revocation of a treaty requires 2/3 vote concurrence of the
senate.
 4. The pardoning power and power of control of the president cannot be curtailed,
limited or diminished by law.
5. Congress can extend the presidential declaration of martial for sixty days and for
as many times as the invasion or rebellion persist and public safety requires it.

July 16 2019

1. Under section 6 of Article V (on Criminal Jurisdiction) of the visiting force

agreement (VFA), the custody of a United States (US) personnel who become
subject to criminal prosecution before a Philippine court shall be with the US
military authorities, if the latter so requests. The custody shall begin from the
commission of the offense until the completion of all judicial proceedings.
However, when requested, the US military authorities shall make the US
personnel available to Philippine authorities for any investigative or judicial
proceeding relating to the offense with which the person has been charged. In
the event that the Philippine judicial proceedings are not completed within one
year, the US shall be relieved of any obligation under Section 6. The
constitutionality of section 6 , article V of the VFA is challenged on the ground
that it nullifies the exclusive power of the Supreme Court to adopt rules of
procedure for all courts in the Philippines. Rule on the challenge, with reason

July 23 2019

1. The court had adopted the practice of announcing its decision in important,
controversial or interesting cases the moment the votes had been taken among
the justices, even as the final printed decision and separate opinions are not yet
available to the public. In a greatly anticipated decision in a case of wide-ranging
ramifications, the voting was close: 8 for the majority, while 7 were for the other
side. After the court has thus coted, it issued a press release announcing the
result, with the advice that the printed copy of the decision and separate
opinions, were to be issued later. The following day, however, one of the Justices
of the Court died. The Court then announced that it was recalling the 8-7 decision
and would deliberate anew on the case since apparently the one who died
belonged to the majority died belonged to the majority. Is the recall of the 8-7
decision as well as the new deliberation of the case, valid and tenable?
explain

July 26, 2019

 1. For incurring a PHP 4 Million “technical shortage” in her collection as Chapter
Administrator of Philippine National Red Cross [PNRC] Cebu City Chapter,
the PNRC Board ordered and imposed a penalty of 31 day suspension
without pay to Marimar. Marimar appealed the suspension order to the Civil
Service Commission which modified the appealed order of suspension by,
insteadm “imposing upon her the penalty of dismissal from service.” Did the
Civil Service Commission had appellate jurisdiction to the 31-day suspension
order issued by PNRC to Marimar? If your answer is in the negative, why not?
If your answer is in the affirmative, did the Civil Service Commission have
authority to modify the judgment by “imposing upon her the penalty of
dismissal from service.”

July 30 2019

1. Manila Economic Cooperation Office is a government entity and its accounts

can be audited by COA.

2. The Commission on Audit (COA) has the power to audit non-governmental

organization (NGOs) and GOCC with original charters

3. A free and open party system shall be allowed to evolve according to the free
choice of the people.

4. The constitution gae the Commission on Election the “exclusive power” to

“investigate power” to investigate and prosecute election cases.

5. Without congressional authority, the Commission on Elections has the power

to fix the election period and the campaign period.