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Constitutional Law 2 Reviewer

1. The government has inherent powers and without them, it cannot exist. One of which is. a) Bill of Rights b) Licensing Power c) Taxation d) Emergency Powers hich of the following properties may not !e ta"en under the power of eminent domain# a) $hurches and religious properties b) %ranchise c) &llegal drug la!oratories d) $emeteries The value of a property leased !y the government from a private entity appreciated so much due to improvements thereon !y the government. ' year thereafter, the government expropriated the said property. %or purposes of determining (ust compensation, when must assessment of the property !e made# a) 't the time !efore the improvements were introduced b) 't the time when government possession of the property started c) 't the time when the lease of the property was extinguished d) 't the time when expropriation proceedings were commenced The legislature failed to pass a law to address a situation that would serve the general welfare. hat remedy is availa!le to the pu!lic for such legislative inutility# a) Resort to (udicial process of mandamus to compel the legislature to pass a law b) 'ppeal to the executive department to employ its emergency powers c) )ee" the intervention of a world !ody that deals with the local concern of the pu!lic d) Resort to the !ar of pu!lic opinion and campaign against the return to the legislature of its mem!ers for !eing remiss in the discharge of their duties *eld as invalid is the prohi!ition of transport of carabao as the amendatory provision of an executive order against slaughter of carabaos intended for its conservation. hat rendered the executive order invalid# a) &t violates protected property right as guaranteed in the !ill of rights. b) &t promotes property confiscation in violation of the right to due process. c) The provision for outright confiscation is not reasona!ly related to the purpose of the law. d) The executive order is not a valid exercise of police power. ' license to operate a !usiness is a mere privilege. The government can+ a) &n exceptional cases, treat it as a protected property when the !usiness has !een en(oyed for so long with su!stantial investment and has !ecome the source of employment for thousands. b) ,ot, at any time, treat such license as protected property as the license is revoca!le when pu!lic interest re-uires its revocation. c) $laim a!solute power to confiscate the license as it does not confer any property right. d) Possess !lan"et authority to monitor the activity of the license in order to ensure general welfare of the people in the place where the !usiness is operating. Licenses are imposed for, and (ustified under+ a) Regulatory purposes, police power. b) Raising revenues, the principle of existence as a sovereign power. c) The !enefit of the people, general welfare clause. d) The protection of the people, dynamic social order. To sustain a tax, it is necessary to show that the proceeds are devoted to+ a) Pu!lic use b) .efray the expenses of the government c) Pu!lic purpose d) Provide ade-uate social services

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&f the legislature is allowed to classify the su!(ects of legislation, how is classification done without violating the e-ual protection clause# a) &t must !e !y the grouping of persons or things similar to each other in certain particulars. b) The classification must not !e ar!itrary !ut rather it should !e reasona!le in conformity with all the re-uirements of classification. c) The classification must apply e-ually to all mem!ers of the same class. d) The classification must not !e discriminatory.

10. Police power is exercised !y whom# a) The local government, the military and all law enforcement agencies. b) The national government, through the legislative department. &t is also delegated, within limits, to local governments. c) The executive department d) 'll the !ranches of the government, (ointly and in coordination with one another. 11. &n general terms, what rights are protected !y the Bill of Rights# a) The right to due process and e-ual protection of the laws. b) The right to life, li!erty and property. c) The right against ar!itrary exercise of governmental powers. d) The human rights as well as the civil and political rights. 12. hich of the following is one of the re-uirements of procedural due process in (udicial proceedings# a) The presiding (udge must !e clothed with authority. b) /urisdiction must !e lawfully ac-uired. c) There must !e a fair and impartial hearing. d) The defendant must !e given an opportunity to !e heard.

13. By ta"ing of property that warrants (ust compensation is understood to include+ a) Threat of physical dispossession causing trauma to the owner. b) ,otice that the property shall !e used for road extension. c) Preventing the owner from planting on his land identified for the construction of pylon. d) &nundation with excess water from a dam due to natural calamity. 14. hat powers of the government are limited !y the !ill of rights# a) 'll powers of the government. b) )uch powers as declared !y the (udiciary c) )uch powers as determined !y the legislature d) 'll executive powers.

15. 0nder what circumstance may an order of preventive suspension !e a violation of property right# a) hen it was issued without opportunity for hearing. b) hen the decision did not recite the facts of the case. c) hen the person suspended was una!le to present pieces of documentary evidence. d) hen claims of inadmissi!ility of evidence was not acted upon !y the tri!unal. 16. ' municipal ordinance that provides for non1issuance of license to professional dancers is said to !e unconstitutional !ecause+ a) &t is oppressive, capricious and ar!itrary. b) &t violates property rights. c) .ancing is not per se immoral that may !e prohi!ited as an exercise of police power. d) &t goes !eyond mere regulation and into prohi!ition of a professional calling. 17. hich of the following reasons supports alienage as a !asis of classification# a) To prevent aliens from their deadly stranglehold on the national economy2 b) To free the national economy from alien control and dominance. c) To promote the %ilipino first policy. d) The civil rights of aliens are on e-ual footing with those of the citi3ens, !ut their political rights do not en(oy the same protection.

18. The Writ of Amparo is a remedy availa!le to any person for violation of his+ a) Peace of mind b) Property right due to non1payment of (ust compensation that has unreasona!ly aged. c) Privacy d) %reedom of movement 19. hile a peace of legislation which is essentially an exercise of police power en(oys the presumption of validity, the (udiciary can set aside the ff+ a) There is a clear invasion of personal property rights under the guise of regulation b) The law results to impairment of an existing contract c) The law is form of taxation that imposes a very excessive tax rate. d) The law tends to discourage growth of a particular !usiness.

20. The constitutional provision that the rule of taxation shall !e uniform and e-uita!le !ehooves the fact that the power of taxation is su!(ect to the general re-uirements of+ a) Procedural notice and hearing. b) E-ual protection clause. c) .evotion to pu!lic purpose e-uita!ly of all revenues raised. d) )upport of government and for all pu!lic needs.

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Explain !riefly+ a. The constitutional protection of the right to life b. The variety of due process. a. .o life and property en(oy identical protection from the constitution# !. hat is the meaning of e-ual protection of laws# ' city ordinance prohi!its any operator of any !ar!er shop to conduct the !usiness of massaging customer or other persons in any ad(acent room or rooms of said !ar!er shop, or in any room or rooms within the same !uilding where the !ar!er shop is located as long as the operator of the !ar!er shop and the rooms where the massaging is conducted is the same person. &s there deprivation of property without due process# ' provision in a related election law prohi!its the city and municipal election officers of the $O4ELE$ from holding office in the same city or municipality for more than four 567 year. &s this valid# &n an upscale school, teachers from foreign countries were hired. They were teaching with their %ilipino counterparts without distinction except for their respective disciplines. Their salaries were different though, as %ilipino teachers are getting much lower. They challenged this school practice for !eing discriminatory. ill their action prosper# hy# Thought to !e !eneficial to the masses, the elective officials of a city passed an ordinance prescri!ing that movie prices shall !e half for children !etween the ages of 8 and 9:. &s this a valid exercise of police power# Explain. ' law provides that a police officer under investigation may !e preventively suspended !eyond the usual ;< days and until the case is decided. 're the police officers denied of their right to e-ual protection clause of the !ill of rights# &mmorality is common place in a particular 3one of the $ity of 4aligaswa. This prompted the passing of an ordinance that prohi!its and disallows the operation of sauna parlors, massage parlors, "arao"e !ars, !eerhouses, night clu!s, dance halls, motels and inns in the said 3one. &s this a valid exercise of police power# hy#

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