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1.

Which of the following public official can exercise the DOCTRINE OF AUGMENTATION: a b c d e Presiding Justice of the Sandiganbayan Solicitor General COA Chairman Senate majority floor leader none of the above

2. All BILLS must pass three (3) readings: a b c d e True True, on separate days False False, only two (2) readings None of the above.

3. The power of the President to appoint carries with it the power to remove: a b c d e true true, on non-career positions true, on career positions true, on both career and non-career positions false

4. Which of the following cannot be changed by an ordinary law enacted by Congress: a b c d e Opening of the regular session of Congress; Date of the regular election for President and Vice President; Regular election of the members of Congress; Commencement of the term of office of Senators; All of the above.

5. Which of the following is constitutionally required when the Supreme Court renders a Decision? a. presence of the majority members b. deliberation c. facts and the law where the decision shall be based d. consultation e. concurring and dissenting opinions 6. A doctrine or principle of law may be modified or reversed by the Supreme Court. a b True False

c d e

True, only by the Court sitting En Banc True, even by the Court sitting in Division None of the above

7. Lower courts, collegiate courts and the Supreme Court should decide cases within its jurisdiction within: a b c d e 3 months, 9 months and 24 months respectively 9 months, 12 months and 18 months respectively 3 months, 12 months and 24 months respectively 9 months, 12 months and 24 months respectively 3 months, 18 months and 24 months respectively

8. The following are the requisites of a judicial inquiry: except: a b c d e question raised by a proper party declaration of the court of unconstitutionality raising the question on the earliest possible opportunity actual case or controversy constitutional question is the lis mota of the case

9. Which of the following is not qualified to be a political party? a b c d e foreign organization organization with unlawful purpose non-believer of the Constitution religious sect all of the above

10. Permanent personnel of the government can be suspended or dismissed. a b c d e True, only for a cause; True, after a preventive suspension; True, after administrative investigation; A and B; A and C.

11. Any of the following may propose amendment to the Constitution except: a b c d e a constitutional convention called 2/3 vote of all its members of Congress a petition representing 12% of the nations registered voter wherein each legislative district is represented by 3% vote of all the members of Congress a petition representing 12% of the nations registered voter wherein each legislative district is represented by 5% all of the above

12. Under the fundamental principles and policies of the State, which of the following statement is FALSE: a b c d e Municipal law is superior than international law; Recognition of the superiority of women with men; Non-encroachment of the government on purely ecclesiastical activities; Indigenous communities are recognized; Civilian authority is always supreme over the military.

13. The Congress is mandated by the Constitution to vote jointly and obtain the majority vote of all its members in case of: a b c d e confirmation of the Presidents nomination of a Vice President concurring with the Presidents grant or amnesty revocation of the Presidents declaration of Martial Law granting tax exemption none of the above

14. Which of the following statement is true? a b c d e Amendments may still be made after the 3rd reading of a bill Both the Senate and the House of Representative shall have a joint journal. gerrymandering is allowed under the 1987 Constitution A member of Congress may be arrested for any crime committed none of the above

15. The three inherent powers of the state are always integral parts of the Constitution. a b c d e True False, because the 3 inherent powers of the state are not always integral parts of the Constitution False, because they are not always present in the Constitution False, because they are not always present in the State None of the above.

16. The Constitution is the basic and paramount law of the land. a b c d e True False, because it is not basic law False, because it is not only law of the land but also law of the sea False, because it is not at all important None of the above

17. Appeal is part of our due process. a b True False, because it is not part of due process

c d e

False, it is merely a statutory right False, because appeal must be so provided in the Constitution to be part of due process None of the above

18. There are two steps in the amendments of our Constitution. a b c d e True False, because there are many other steps False, because judicial review is the 3rd step False, because the Court may also provide another step None of the above

19. By actual case as requisite of judicial inquiry is meant a case that can never be dismissed on mere technicality. a b c d e True False, because any case is enough False, because even an opinion or consulta complies with the requirements False, because actual case is not at all necessary None of the above

20. Only the government and its agencies can exercise the power of eminent domain. a b c d e True False, because private entities may also exercise the power False, because not all government agencies can exercise the power False, because even government agencies need specific authority to do so None of the above

21. The death penalty by lethal injection law is unconstitutional for being contrary to Sec. 19 (1) of Art. III of the Constitution. a b c d e True False, because death sentence is not included in the enumeration of the said section False, because killing is not cruel False, because killing is not degrading None of the above

22. The police power of the state is naturally exercised by the police only. a b c d e True False, because it is exercised by the National Legislature, the President and local lawmaking bodies including barangay councils False, because the police does not exercise the police power False, because police power is outside the authorities of the police None of the above

23. A lotto operator cannot be stopped in his operation until the expiration of his license or franchise. a b c d e True False, because he can be stopped by the police anytime False, because it depends on his budget for the police. False, because it depends upon the policy as determined by the State None of the above

24. In the exercise of the power of eminent domain, the applicant can use property only after its ownership is transferred to him. a b c d e True False, because it takes time before ownership is transferred False, because the applicant does not acquire ownership False, because applicant has to wait for the owner to yield the property None of the above.

25. Double taxation is Constitutional. a b c d e 26. a b c d e True False, because it is unconstitutional False, because it is illegal False, because the Constitution does not allow double taxation None of the abov Life as used in the due process clause of the Constitution refers only to the natural life of a natural person. True False, because it refers not only to natural life but even artificial life. False, because it also refers to the natural life of artificial persons. False, because life refers to the physical life of a natural person. None of the above

27. Right to be heard as a requirement of due process means that without having been heard, a party is denied due process a b c d e True False, because it is enough that he is given chance to be heard False, because hearing refers to literal meaning only False, because it is meaningless without actual presentation of his side None of the above

28. Determination of probable cause must be made personally by the judge based on his personal examination of complainant and his witnesses. a True

b c d e

False, because determination of probable cause maybe made by anybody False, because it may be made not personally by the judge False, because the judge may rely on the examination by the Fiscal None of the above

29. Articles illegally seized under Art. III, Sec 3 (2) of the Constitution are not admissible as evidence in all proceedings. a b c d e True except that may be admissible if the case is against the party who made the illegal seizure. False, because illegally seized articles may be admissible on a case to case basis False, because the court may decide to admit the articles False, because it depends upon the degree of the illegality of seizure None of the above

30. Arrest maybe made only if there is a warrant of arrest. a b c d e True False, because person arresting may not be authorized even in the presence of warrant of arrest False, because there are instances when arrest can be made despite the absence of warrant of arrest. False, because arrest depends on many factors None of the above

31. The integration of all lawyers into one Bar Association known as IBP is violative of the Constitutional Right of a person to associate with people of his choice. a b c d e True False, because integration does not compel a person to associate with persons not of his own choice False, because a person may not even associate with the other lawyers by not attending their meetings False, because what is needed is the payment of his annual dues and not his attendance in meetings None of the above

32. Ex-post facto law is always disadvantageous to the accused. a b c d e True False, because not all ex-post facto laws are disadvantageous to the accused False, because there are some good ex-post facto law False, because an accused may not be adversely affected by an ex-post facto law None of the above

33. There is no instance when the writ of habeas corpus is suspended. a b c True False, because sometimes the writ of habeas corpus is suspended False, because the writ and privilege of habeas corpus maybe suspended

d e

False, because it is only the writ of habeas corpus that is suspended None of the above

34. The Supreme Court cannot inquire into the factual basis for the declaration of Martial Law because the President has better information upon which the declaration was based. a b c d e True False, because the information of the President are not accurate False, because the information of the President maybe incomplete False, because the Supreme Court may have better information than that of the President None of the above

36. Once a court fails to decide a case within a period fixed by the Constitution, the case maybe dismissed for lack of jurisdiction. a b c d e True False, because the Court does not lose jurisdiction over the case False, because nobody can compel the judge to decide the case False, because the case can proceed without prejudice to sanctions against the judge None of the above

37. A Filipino man who secured an ecclesiastic divorce from his wife and then married another in a Civil Ceremony cannot be prosecuted for bigamy. a b c d e True False, because separation of church and state does not prevent prosecution for bigamy False, because he did not wait for sufficient time to lapse False because of religious freedom None of the above

38. The PRA convict who survived the 1st lethal injection due to his strong body constitution can no longer be injected a second time without violating his right to due process and against double jeopardy. a True b c d e False, because the facts do not consist double jeopardy or violations of due process False, because nobody can stop the 2nd injection False, because it would depend on whose fault was it that the 1st injection did not accomplish the purpose None of the above

39. After waiving his right to counsel, an LLB graduate handled his defense for murder but during his appeal, he argued that his waiver was invalid. a b c d e True False, because his waiver was valid False, because his waiver did not comply with the requirements False, because he can no longer question his waiver None of the above

40. In naturalization cases, a decision granting three petition shall become executory after 2 years only although it becomes final after 30 days after notice. a b c d e True False, because finality and executoriness always occur at the same time False, because 2 years for the decision to become a executory is too long a period False, because just like any other decision, the decision should become final after 15 days None of the above

41. Trial in absentia is always conducted every time the accused is absent. a b c d e True False, because trial in absentia is not always conducted during the absence of the accused False, because it is not proper False, because it depends upon the prosecutor None of the above

42. During custodial investigation, a suspect is entitled to services of counsel, which cannot be waived. a b c d e True False, because the suspect may waive the services of counsel False, because a counsel may not be needed during the custodial investigation False, because waiver of counsel is never allowed None of the above

43. During preliminary investigation before the prosecutor, the service of counsel is not waivable. a b c d e True False, because waivable False, because services of counsel are not needed False, because weather or not the services of counsel are waivable depends upon the investigator None of the above

43. Which of the following is not a doctrine in Administrative Law: a b c d e Doctrine of Qualified Political Agency; Doctrine of Exhaustion of Administrative Remedies; Doctrine of Prior Resort; Doctrine of Necessary Implication; None of the above.

44. Which of the following is not a source of Administrative Law: a Constitutional or statutory enactments creating administrative bodies;

b Decisions of courts interpreting the charters of administrative bodies and defining their powers, rights, inhibitions, among others, and the effects of their determinations and regulations; c d e Rules and regulations issued by the administrative bodies in pursuance of the purposes for which they were created; Determinations and orders of the administrative bodies in the settlement of controversies arising in their respective fields; None of the above.

45. Which of the following is not included in the definition of the Government of the Republic of thePhilippines? a b c d e Autonomous regions; Local government units; State universities and colleges; Government-owned and controlled corporations performing proprietary functions; None of the above.

46. Which of the following is not descriptive of a government instrumentality? a b c d e An agency not integrated within the department framework; An agency vested by law with special functions or jurisdiction; An agency endowed with some, if not all, corporate powers; An agency enjoying operational autonomy, usually through a charter; None of the above.

47. Which of the following is not a requisite of a valid administrative regulation? a b c d e Its promulgation must be authorized by the legislature; It must be within the scope of the authority granted by the legislature; Its promulgation must be in accordance with the prescribed procedure; It must not be unreasonable; None of the above

48. State which administrative regulation need not be published. a b c d e Interpretative regulation Legislative regulation Contingent regulation Supplemental regulation None of the above

49. Which statement is not correct? a b c An administrative agency vested with the power to investigate is considered a quasi-judicial agency; Res judicata applies to decisions of administrative agencies only if said decision was rendered in the exercise of its quasi-judicial power; The power of contempt is not inherent in administrative bodies vested with quasi-judicial power;

d e

Prior notice and hearing is mandatory when an administrative agency is None of the above.

engaged in the exercise of its quasi-judicial power;

50. Which statement is not correct? a Failure to observe the doctrine of primary jurisdiction is a ground to dismiss the case based on jurisdictional ground;

b Failure to observe the doctrine of exhaustion of administrative remedies is a ground to dismiss the case on the ground of lack of cause of action; c d e Non-exhaustion of administrative remedies as a ground to dismiss the case may not be waived; All of the above None of the above

Answer Key: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. C B B E C C C B E E D B C E C A C A E B E B D B A E B D

29. 30.

A C