UNIVERSITY OF THE CORDILLERAS BAR OPERATIONS 2011 Political Law

ATTY. LARRY D. GACAYAN

Prepared by:

MULTIPLE CHOICE
Instruction: Place the LETTER corresponding to the most correct answer on the blank before each number. 1. The implied power of the President which justifies his/her not releasing or obligating pork barrels of Senators and Congressmen is known as: a. b. c. d. Residual power; Power of executive clemency; Power of executive impoundment; Power supervision.

2. Section 7, Article II enumerates the paramount considerations which the Philippines has to observe in dealing with other countries. Which is not considered paramount? a. b. c. d. National interest; The right to self-determination; National economy; Territorial integrity.

3. Which is a valid ground or grounds to declare martial law under the 1987 Philippine Constitution? a. In case of invasion or rebellion, or when the public safety requires it; b. In case of invasion, rebellion or insurrection; c. in case of invasion or rebellion, when the public safety requires it; d. in case of war or rebellion, when the public safety requires it. 4. Under Section 1, Art. XI, a government official shall serve with the highest degree of: a. b. c. d. competence; intelligence; responsibility independence

5. The doctrine of executive impoundment is based on the Presidents: a. Power of control; b. Power as commander-in-chief; c. Implied power given to him by Congress under the General Appropriations Act;

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d. All of the above. 6. In Ichong vs. Hernandez, the Supreme Court held that the Retail Trade Nationalization Act prohibiting aliens from engaging in retail trade in the Philippines is constitutional. In Espina vs. Executive Secretary Zamora, the Supreme Court held that the Trade Liberalization Act of 2000 allowing foreigners to engage in retail trade is constitutional, under what qualifications: a. they shall be allowed only to retail groceries like coffee and sugar; b. they shall only be allowed to retail garments made in the Philippines only; c. they shall only be allowed to retail cars manufactured in their country of origin; d. they shall be allowed a limited capital only . 7. Which is not correct as a proposition insofar as the 250,000 population requirement is concerned: a. in the creation of a new province; b. in the creation of a highly urbanized city entitled to one member of the House of Representative; c. in the creation of additional legislative district in a highly urbanized city; d. in the creation of a new legislative district in an existing province. 8. There is already a violation of a conditional pardon which would justify the immediate arrest of the convict as early as when: a. He was already convicted by the MTC of a crime though on appeal to the RTC; b. He was convicted by the RTC on Appeal from the MTC Decision; c. The Prosecutor filed a Criminal Information against the convict before the MTC; d. The Decisions of the MTC and RTC were affirmed by the Court of Appeals but accused filed a Petition for Review before the Supreme Court. 9. The President could not exercise the power of executive clemency on his own alone in cases of: a. crimes punishable by reclusion perpetua or higher; b. election offenses without the favorable recommendation of the COMELEC; c. crimes against the State; d. impeachable officers who are convicted by of graft the Sandiganbayan. 10. A judge or justice may be investigated only by the Office of the Ombudsman for possible criminal liability if:

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a. he is already found administratively liable by the Supreme Court for the same act; b. he is a recidivist; c. he was caught in the act receiving a bribe and the evidence of guilt is strong; d. he was already found liable administratively by the Supreme Court before in a similar offense. 11. The power of the University of the Philippines to close its High School in UP Baguio is based on: a. its academic freedom; b. its being independent from the Department of Education under its Charter; c. the power of the Board of Regents to decide on the feasibility of operating its other branches and that its operation in UP High School Baguio results in deficit; d. its being autonomous as the premier State University in the country. 12. The most basic State Policies under the 1987 Philippine Constitution are the maintenance of peace and order, protection of life liberty, etc., but not: a. b. c. d. of property; promotion of general welfare; protection of the environment; maintenance of monopolies.

13. Which of the following is not within the powers of the COMELEC over Party-list Groups: a. order the publication of the list of nominees for the different party-list groups because the Party-List law provides that the same is confidential; b. refuse the registration of a party-list group because the members thereof belong to religious groups; c. change the 1st nominee of a party-list group after election upon the Resolution of the majority of the board of said partylist group after it was determined that such group is entitled to a seat in the House of Representatives; d. Register a party-list group whose members are gays, lesbians, bisexual and transgender since they are not specifically mentioned as marginalized in Veterans Party vs. COMELEC. 14. Which may be allowed in the impeachment of an impeachable officer: Trying an impeachable officer based on several impeachment complaints filed on different dates before the House of Representatives but referred to the Committee on Justice on the same day; b. Trying an impeachable officer on several impeachment complaints filed on the same day but tried one after the other; a.

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c. Trying an impeachable officer on a second complaint filed within three (3) months from the dismissal of another complaint by the Committee on Justice but did not reached the plenary; d. Trying an impeachable officer within a year from the dismissal of the 1st complaint but the new complaint is based on an act committed after the filing of the first complaint. 15. The aspect of the power of judicial review wherein the courts could decide even moot and academic cases is specifically called: a. b. c. d. legitimizing function; educational or symbolic function; checking function; judicial function.

16. Which is not an underlying principle behind the State immunity from suit: a. b. c. d. by by by by reason reason reason reason of of of of consent; public policy; sovereignty; expediency.

17. Judicial power may be exercised even in moot and academic cases if it involves: a. culpable violation of the Constitution; b. susceptible of repetition, yet evading judicial review; c. the need to lay down guiding principles for other government officials to follow; d. All of the above. 18. Even if one of the four (4) requisites of judicial review is not present, the courts may decide cases involving it if: a. b. c. d. it it it it involves involves involves involves a Senator or Congressman as petitioner; a Provincial Governor as petitioner; a Member of the Cabinet as the petitioner; paramount public interest.

19. The Supreme Court acting as the Presidential Electoral Tribunal (PET) may promulgate rules based on the Constitution giving themselves allowances, appoint personnel of the PET, create a separate seal different from that of the Supreme Court and others based on its: a. b. c. d. residual power; doctrine of necessary implication; commander in- chief; fiscal autonomy.

20. Which office or branch of the government does not have expressed fiscal autonomy under the Constitution? a. Constitutional Commissions;

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b. Judicial Department; c. Local Government units as to their share in national taxes; d. Executive Department. 21. A declaration of national emergency by the President of the Philippines is valid, even without the approval of Congress if it is based on: a. Section 23, Art. VI of the Constitution; b. First Sentence, of Section 18, Art. VII of the Constitution; c. Section 17, Art. XII of the Constitution; d. Section 17, Art. VII of the Constitution. 22. Appointments? a. b. c. d. Who need not be confirmed by the Commission on Consul to Timbukto; Lt. Col. Pedro Penduko on his promotion as full colonel; Ambassador to the United Nations; New justice of the Supreme Court.

23. Which position does not necessarily require the aptitude of the appointee but more on his close intimacy with the appointing power: a. b. c. d. Highly technical; Policy determining; Primarily confidential; Probationary employee.

24. Which is the most correct proposition: a. The COMELEC may continue to decide after the election the earlier case regarding the qualification of a candidate for Senator which was filed before the election since once jurisdiction is acquired, it will remain with it; b. Once a candidate for Congress is proclaimed and has taken his oath, any question relating to his election, returns and qualifications shall now be lodged at the appropriate Electoral Tribunal; c. The COMELEC may still determine the qualifications of members of party-list groups even after elections since it is the one which registers such party-list group under the law and the Constitution as well as proclaims their winning candidates of said groups for the House of Representatives; d. The COMELEC may disqualify party-list groups in the next elections if they failed to get at least 2% of the votes cast and did not participate in the two (2) previous elections, or vice versa, based on the party-list law. 25. The executive privilege may be invoked by the President or any member of his Cabinet as well as the Generals of the Armed Forces of the Philippines if the information sought by legislators from them: Affects national security;

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a. Has the effect of damaging our diplomatic relations with another country; b. Military secrets; c. All of the above.

26. The 40 years of age as a qualification does not apply to: a. b. c. d. The President; Justices of the Supreme Court; Senators; Vice President.

27. Which is not one of the non-legislative powers of Congress: a. Canvass of the results of the Presidential and Vice Presidential Elections; b. Impeaching the President; c. Conduct of inquiries in aid of legislation; d. Creating a new province. 28. The residual power of the President emanates from his: a. power to appoint; b. calling out power as commander-in-chief; c. power of control; d. pardoning power. 29. The refusal of the President to allow members of his Cabinet to appear in inquiries in aid of legislation in Congress violates not only Section 21 of Art. VI of the 1987 Philippine Constitution but also: a. b. c. d. Section 28, Art. II of the Constitution; Section 1, Art. XI of the Constitution; Section 7, Art. III of the Constitution; All of the above.

30. Which of the following act of the President does not need the concurrence or confirmation of Congress or any Committee thereof: a. b. c. d. Treaty-making power; Granting Amnesty to rebel soldiers; Tax Amnesty; Appointment of Members of the Cabinet.

31. Which of the following ground for impeachment was not part of the 1935 and 1973 Philippine Constitution? a. b. c. d. Treason; Bribery; Betrayal of Public Trust; Other high crimes.

32. Which appointment does not require merit and fitness to be determined by competitive examination?

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a. b. c. d.

Highly technical; Primarily confidential; Policy Determining; All of the above.

33. What kind of laws must exclusively originate from the House of Representatives? a. b. c. d. Revenue bills; Appropriation bills; Bills of local application; All of the above.

34. Which of the following votes are needed to impeach any of the impeachable officers? a. 2/3 votes of all the Members of the Senate; b. 1/3 votes or signatures of all the Members of the House of Representatives? c. 2/3 vote of both Houses of Congress voting separately; d. votes of all the Members of the Senate. 35. Which of the following instances where the House of Representatives and the Senate are not expressly mandated by the Constitution to vote separately and therefore may vote jointly: a. Declare the existence of a state of war; b. Confirmation of a New Vice President nominated by the President; c. Concurrence to a declaration of amnesty by the President; d. In case there is conflict between majority of the Members of the Cabinet and the President on whether the latter is incapacitated to perform his duties. 36. Which appointment needs confirmation by the Commission on Appointments? a. b. c. d. Consul to Timbukto; Tagapangasiwa ng Bangko Sentral; Commissioner of Internal Revenue; Justice of the Supreme Court.

37. Which of the following instances results in a valid approval into law by the President within 30 days from receipt of a bill enacted by Congress:: a. Signing the approved bills at the Philippine Embassy in New York, USA; b. Signing the approved bills inside the US Congress; c. Signing the approved bills over the Pacific Ocean on Board Singapore Airlines; d. All of the above.

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38. Aside from utmost responsibility, integrity and loyalty. What other quality must a public servant possess? a. b. c. d. industry; probity; efficiency; leniency.

39. The Ombudsman has no power to investigate and file a criminal or administrative case against a City Mayor charged of: a. Raping his executive secretary inside his office at City Hall during office hours; b. Bribery; c. Refusal to implement an Ordinance passed by the City Council which he vetoed but was overridden by said body; d. Padlocking the Office of Jadewell at Burnham Park at 9 p.m. on his first day in office because he believes the latters contract with the City is not valid. 40. Elections: a. enforce laws and regulations relative to conduct of elections; b. deciding appeals involving elections of Sangguniang Kabataan members; c. enforce laws relating to referendum and plebiscites; d. enforce laws regarding Peoples Initiative to amend the Constitution. 41. Which court is not mandated by the Constitution to decide cases before it within three (3) months from the time said cases are deemed submitted for decision? a. b. c. d. Regional Trial Courts; Sandiganbayan; Court of Tax Appeals; Municipal Trial Courts. Which is not within the power of the Commission on

42. A member of the Judiciary must be a person who possesses the four qualifications summarized by the word CIPI. What does the letter P stands for as a person with proven? a. b. c. d. Patriotism; Probity; Professionalism; Philosophy.

43. In a House of Representatives with a total of 240 members, what is the minimum number of Members must a party have to be entitled to 1 seat at the Commission of Appointments? a. b. c. 40; 30; 20;

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d.

10.

44. Which is not considered a priority for the government under our declaration of principles and state policies? a. b. c. d. sports; arts; culture; tourism.

45. Under the deliberative process privilege granted to the President of the Philippines as well as members of his Cabinet, it does not include: a. advisory opinions to the President; b. legal opinions of the DOJ Secretary to the President; c. discussions by Members of the Cabinet with the President during Cabinet Meetings; d. confidential instructions by the Secretary of the Department of Interior and Local Government to the Provincial Governor of Maguindanao to deliver a 12-0 results in favor of the candidates for Senator of the incumbent President. 46. Which power of executive clemency may not be exercised alone by the President, as a general rule: a. b. c. d. pardon; amnesty; commutations; remit fines and forfeitures.

47. The vote needed to suspend or expel a Senator or Congressman for disorderly behavior is: a. b. c. d. 2/3 of the members of the House where he belongs; 2/3 of both Houses voting separately; Majority of the Members of the House where he belongs; Majority of the members of both Houses voting separately.

48. The voting in each House of Congress on matters affecting national security may be entered in the journal upon the request of: a. 2/3 of the Members present; b. of the Members present; c. 1/5 of the total members of the House holding such session; d. 1/5 of the Members of the specific House who are present. 49. The prohibition on the President to make appointments two months before the next Presidential Election and up to the end of his term, according to the Supreme Court in the case of ARTURO DE CASTRO VS. JUDICIAL AND BAR COUNCIL, applies only to the:

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a. b. c. d.

judiciary; constitutional commissions; executive department; Ombudsman.

50. Which need not exclusively originate from the House of Representatives? a. Bill amending the Senior Citizens Act; b. Bill creating the City of La Trinidad, Benguet; c. Bill adding the position of Municipal/City Arbitrator for all cities and towns in the country aside from the officials indicated in the Local Government Code.; d. Bill appropriating supplemental budget for victims of Typhoon Pedring. 51. Content-neutral as a restriction to freedom of expression deals with the: a. b. c. d. Time and place where the speech is made; Content or substance of the speech; Association or group where the speaker belongs; Religious group of the speaker.

52. As a rule, tips are not sufficient to vest probable cause on the part of the police officers to conduct warrantless searches and seizures, except: a. In moving vehicles when no time left to secure a search warrant from the court; b. Checkpoints; c. Search involving hot logs; d. all of the above. 53. The general test of the validity of an ordinance on substantive due process grounds is best tested when assessed with the evolved footnote 4 test laid down by the U.S. Supreme Court in U.S. v. Carolene Products, as cited in White Light Corporation vs. City Mayor of Manila, one of which is the: a. b. c. d. clear and present danger test; dangerous tendency test; heightened or immediate scrutiny test; prior restraint test.

54. In order that an Ordinance is considered a valid police power measure, it: a. must not prohibit but merely regulate trade; b. must allow the policemen to use their discretion on whether a particular act violates public morals or not; c. authorizes the City or Municipal Mayor to close down establishments which he deems as promoting immoral acts; d. authorizing the law enforcement authorities to confiscate magazines which are obscene.

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55. Res judicata in prison gray is known as the right against: a. b. c. d. unreasonable searches and seizures; cruel and unusual punishment; double jeopardy; non-imprisonment for debt.

56. Which of the following acts violates the right against selfincrimination of a person? a. Requiring a man to give a sample of his semen for DNA Examination to determine the paternity of a child; b. Requiring a suspect to try a pair of pants; c. Requiring a person to give a sample of her urine to determine if she is pregnant while her husband is in another country for the last five (5) years and the result will be used in her prosecution for adultery. d. None of the above. 57. Bail is a matter of discretion in cases where: a. the accused is charged of a capital offense but the evidence of guilt is strong; b. the accused was convicted by the RTC of Homicide and was sentenced to 14 years and 1 day to 20 years imprisonment; c. the accused was convicted by the RTC of robbery and sentenced to 6 years and 1 day up to 12 years imprisonment but jumped bail several times during the trial of his case; d. all of the above. 58. Who among the following officials may not validly conduct custodial investigation? a. b. c. d. Barangay Captain; Barangay Bantay Bayan; Investigator of the CIDG; Investigator of the NBI.

59. In an application for a rally permit, the City Mayor: a. may validly deny said application if he finds evidence of clear and present danger during the rally; b. may allow the rally but at a different place as a result of the evidence of clear and present danger;; c. may allow the rally in the same place but at a different time; as a result of the evidence of clear and present danger; d. may deny the application for a rally permit based on clear and present danger after giving the applicant the chance to rebut the evidence in his possession. 60. In an expropriation case for the construction of a school building to be owned by the City of San Fernando, La Union, the government must deposit an amount in order to be issued a writ of possession equal to:

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a. 100% of the fair market/zonal value of the property sought to be expropriated based on the latest tax declaration; b. 100% of the assessed value of the property sought to be expropriated based on the latest tax declaration; c. 15% of the market or zonal value based on the latest tax declaration; d. None of the above. 61. Which is not a valid exercise of police power: a. b. c. d. To To To To promote promote promote promote public morals; economic stability of the people; free enterprise; public health;

62. There is no violation of the right to due process if: a. When A was ordered dismissed from his job immediately after his employer saw the CCTV showing him stealing a company property; b. X was not given the opportunity to be heard before declaring his classmate Y as the class valedictorian despite the fact that he was always first in class from Grades 1 to 5; c. When the RTC decided the case after the submission of the answer ; d. When Z was immediately cited for contempt of court for being late in his court appearance. 63. Which of the following is not one of the rights of an accused during criminal proceedings: a. Right to be presumed innocent; b. Right to independent and competent counsel of his own choice; c. Right to speedy trial; d. Right to confront witnesses face to face. e. All of the above are the rights of an accused during criminal proceedings. 64. The presence of a lawyer for the accused is not needed during: a. b. c. d. Police lineup; Arraignment; Custodial investigation for a minor offense; Promulgation of his sentence.

65. In order that consent to a Warrantless searches and seizure is valid; which is the most correct proposition: a. the owner of the house to be searched must give his consent; b. the owner of the place to be searched must give his consent to the search of specific items sought by the searching party;

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c. the wife will give her consent to the search as a co-owner of the house to be searched; d. the husband and wife who own the house to be searched must give their consent. 66. Which of the following acts violates the right against selfincrimination of a person? a. Requiring a man to give a sample of his semen for DNA Examination to determine the paternity of a child; b. Requiring a suspect to try a pair of pants; c. requiring a person to give a sample of his urine for testing on whether she is pregnant or not to be used in her prosecution for adultery; d. None of the above. 67. Which right of the citizen will be violated if the PCGG Commissioners refuse to attend a Senate Inquiry in aid of legislation as a result missing funds of PHILCOMSAT, a sequestered company: a. b. c. d. Right to privacy; Right to information; Freedom of expression; Freedom of Religion

68. Which of the following is not one of the rights of an accused during criminal proceedings: a. Right to be presumed innocent; b. Right to be informed that all the things he will state can and will be used against him in a court of law. c. Right to speedy trial; d. Right to confront witnesses face to face. e. All of the above. 69. The extrajudicial confession of A is not admissible in evidence in which of the following: a. He went to the police station and surrendered telling the 1st policeman he met at the police station I killed my brother because I caught him in the act of sexual intercourse with my wife without being informed of his rights during custodial investigation; b. He told the jail guards responding to shouts for help of an inmate stabbed by him inside the comfort room of New Bilibid Prisons without being informed of his rights during custodial investigation;; c. He told the Mayor that he killed and raped his cousin after being threatened by said official without informing him of his rights during custodial investigation; d. He answered the questions of the policemen who invited him to shed light on the death of his neighbor while walking along the road towards the police station without informing him of his rights during custodial investigation.

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70. There is no double jeopardy in which of the following: a. A criminal case for estafa was reinstated after six (6) months from the time it was provisionally dismissed despite the vigorous objections of the accused invoking his tight to speedy trial, because the prosecution could not locate its documentary exhibits after arraignment; b. A criminal case was reinstated by the RTC after the Court of Appeals reversed and set aside its earlier order declaring that there is no probable cause in the filing of the case; c. A criminal case for grave for grave coercion was earlier dismissed by the MTC on its own for lack of jurisdiction after arraignment but admitted a second information for the same crime upon being shown of the latest Supreme Court decision stating that the MTC has exclusive original jurisdiction in cases of said nature. d. A criminal case was reinstated after dismissal based on demurrer to evidence based on insufficiency of evidence since an eyewitness surfaced with a videotape of the commission of the crime. 71. In extradition cases, which statement is correct: a. Bail is allowed if the crime the extraditee is charged in another country is bailable; b. Bail is allowed if the crime committed in another country is also a crime punishable in the Philippines and it is bailable here; c. Bail may be allowed if the extraditee could prove by clear and convincing evidence that he is not a flight risk and that he will assure the court that he will follow the conditions imposed by the court; d. Bail may be allowed if he is a member of Congress and the crime he committed in another country is not punishable by more than 6 years imprisonment. 72. Based on the accuseds right to be presumed innocent, he is entitled to acquittal in case of: a. Inconsistent testimonies of the prosecution witnesses on material matters; b. Non-compliance by the arresting authorities of the requirements of Section 21 of the Comprehensive Dangerous Drugs Act, RA No. 9165; c. The testimony of the private complainant is unbelievable and contrary to common human experience; d. All of the above. 73. There is no double jeopardy if after an accused was convicted of the crime of homicide before the RTC of Baguio City after he was tried for Murder:

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a. The Court of Appeals increased the penalty to reclusion perpetua on appeal by the accused because it found the evidence sufficient to convict the accused for Murder; b. The Court of Appeals increased the penalty to reclusion perpetua on appeal by the State because it found the evidence sufficient to convict the accused for Murder; c. The Prosecution filed a Motion for Reconsideration of the decision of the RTC because the accused was convicted of Homicide instead of Murder as charged in the information; d. The Solicitor General filed a petition for certiorari as a result of the erroneous acquittal of the accused by the RTC when no less than the Supreme Court believes that there is proof beyond reasonable doubt to find the accused guilty as charged. 74. Bail is a matter of right if a. The accused in a Murder case is 16 years old; b. The accused is charged of 100 counts of falsification of public documents; c. The accused is charged of multiple homicide; d. The accused is charged of 100 counts of BP Bilang 22 with aggregate amount of P100M e. All of the above. 75. The immunity from prosecution whereby the accused could not be charged of any crime whatsoever in addition to the crime where he is testifying in court is: a. b. c. d. Parliamentary immunity; Transactional immunity; Presidential immunity; Use immunity.

76. The right of a housemaid violated by the act of her employer not to allow her to transfer to another employment since she has already received all her salaries up to December 31, 2011. a. b. c. d. Right to travel; Right against involuntary servitude; Right to locomotion; All of the above.

77. The freedom of expression is not absolute. It may not be validly invoked in the case of: a. movies with explicit sex scenes and violence like the Vizconde Story showing the gruesome murders of three (3) women; b. the life of a woman whose work is having sex with a partner inside a locked room with 200 paying male customers watching; c. a lady actress completely in the nude being the model of 200 UP fine arts students for their final assignment in painting;

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d. a lady Guest Relations Officer dancing totally in the nude in a nightclub patronized by high ranking government official who requested her to dance that way. 78. Which of the following may be validly considered valid search and seizure under the plain view doctrine? a. While serving a validly issued search warrant for an unlicensed firearm inside the house of an accused, the policemen found a sachet of methamphetamine hydrochloride in one of the cabinets of the accused which they seized; b. While validating a tip that the house of Mr. X in a far-flung barangay in Bangued, Abra, is surrounded by fully grown marijuana plants, the policemen indeed found 100 fully grown marijuana which they uprooted and seized then arrested Mr. X; c. After the owner of an apartment leased to Mr. Damaso was opened by the owner thereof, Madam X, the police saw an unlicensed M14 Armalite Rifle on top of a table therein which they seized; d. While boarding the car of the man arrested in a nightclub for illegal possession of firearm, the policeman accompanying the suspect to the police station saw three (3) sachets of shabu at the front seat of the car which he seized. 79. Due process may not be invoked in: a. the expulsion of the members of some disloyal members of the Liberal party without notice and hearing; b. outright dismissal of an employee who uttered threatening remarks to his employers in the presence of 20 coemployees; c. expulsion of a UC Law Student who allegedly wrote libelous and disparaging remarks against the Dean in her Facebook Account; d. a court order requiring a lawyer to pay a fine of P1,000.00 when, despite the lapse of 1 hr. from the scheduled hearing, he is still not in court without any motion for postponement or just text or telephone call to the court thereby delaying the administration of justice. 80. There is violation of the equal protection clause if: a. the government gives some tax exemptions to establishments inside the export processing zones but not outside it; b. non-Igorots (Ibaloi and Kankana-ey) speaking individuals are not allowed to work in establishments within the Cordillera Administrative Region; c. The soldiers and policemen are given allowances in addition to their salaries while other government employees are not entitled thereto; d. When the registered voters of one component city are not allowed to vote for provincial officials while the registered

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voters of the other 99 component cities in the Philippines are allowed to do so. 81. Which of the following violates the religious rights provisions of the Constitution: a. Muslims should work even on Fridays during the Ramadan season because the same is a regular working day under the Labor Code of the Philippines and all employees regardless of their religious inclinations are also working---even if the same is against their religious beliefs; b. Members of Iglesia ni Tukak are required to pay the same taxes as all others though they believed that their tax should not be more than 10% of their income in order not to affect their right to survive; c. Prohibiting churchgoers from shouting some slogans against alleged corrupt while going to church which is beside Malacanang; d. Requiring them to train and join the armed forces even if their religion prohibits them from doing so since they believe that they should not kill or be killed. 82. There is no violation of the right to information on matters of public concern in the following situation: a. President Gloria Macapagal Arroyo failed to provide a copy, even though she earlier promised to do so, of the Japan Philippines Economic Partnership Agreement (JPEPA), to different businessmen who requested for a copy of the same so that they could give their comments since it is a matter of importance to them, before signing the same as a treaty with Japan; b. PCGG entering into a compromise agreement with the Marcoses allowing the latter from retaining 65% of the amounts allegedly stolen by them without first informing the public about it (Chavez vs. PCGG); c. The Government Negotiating Panel entering in to an agreement with the MILF giving the latter sovereignty over the lands and waters within the Bangsamoro Juridical Entity; enter into diplomatic relations with other countries and perform other sovereign acts outside the Philippine government; d. When a government office refuses to give copies of documents like how millions from the national budget are to be spent for dole-outs to the poor segments of the society. 83. The right to counsel during custodial investigation was violated if: a. The lawyer given by the investigator of the NBI to the accused is one who is applying for a job at the NBI and was accepted as an investigator 2 days later; b. The lawyer given by the Investigator of the Western Police District is Atty. De Los Reyes, the Chief of the said office;

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Prepared by: ATTY. LARRY D. GACAYAN

c. The lawyer representing the accused was inside the investigation room of the Cebu PNP assisting another client when the investigator started asking questions and joined said suspect only on the sixth question; d. All of the above. *******************************************************************

THE BARRISTERS CLUB OFFICERS:

Virgel Amor Vallejos
(Chancellor) (Secretary)

Seychelles June M. Doringo Janilet Mishelle R. Carillo

(Treasurer)

Art Miguel B. Sanlao and Angelito Velasquez Jr.

(Business Managers) (PRO)

Rachelle May Gallego Paul Dean Mark Pila

(SSG Representative) (Ex-officio) (Adviser)

Brenda Filipinas Danganan Atty. Isagani Calderon Atty. Reynaldo U. Agranzamendez

(Dean,College of Law)

BAR OPERATIONS 2011

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