1. “Content-neutral” as a restriction to freedom of expression deals with
the:
a. Time and place where the speech is made;
b. Content or substance of the speech;
c. Association or group where the speaker
belongs;
d. Religious group of the speaker.
2. 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.
3. 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. clear and present danger test;
b. dangerous tendency test;
c. heightened or immediate scrutiny test;
d. prior restraint test.
4. 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.
5. Res judicata in prison gray is known as the right against:
a. unreasonable searches and seizures;
b. cruel and unusual punishment;
c. double jeopardy;
d. non-imprisonment for debt.
6. Which of the following acts violates the right against self-
incrimination 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.
7. 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.
8. Who among the following officials may not validly conduct custodial
investigation?
a. Barangay Captain;
b. Barangay Bantay Bayan;
c. Investigator of the CIDG;
d. Investigator of the NBI.
9. 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.
10. 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:
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.
11. Which is not a valid exercise of police power:
a. To promote public morals;
b. To promote economic stability of the people;
c. To promote free enterprise;
d. To promote public health;
12. 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.
13. 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.
14. The presence of a lawyer for the accused is not needed during:
a. Police lineup;
b. Arraignment;
c. Custodial investigation for a minor offense;
d. Promulgation of his sentence.
15. 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 rgive
his consent to the search of specific items sought
by the searching party;
 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.
16. Which of the following acts violates the right against self-
incrimination 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.
17. 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. Right to privacy;
b. Right to information;
c. Freedom of expression;
d. Freedom of Religion
18. 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.
19. 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.
20. 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.
21. 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.
22. Based on the accused’s 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.
23. 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:
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.
24. 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.
25. 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. Parliamentary immunity;
b. Transactional immunity;
c. Presidential immunity;
d. Use immunity.
26. 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. Right to travel;
b. Right against involuntary servitude;
c. Right to locomotion;
d. All of the above.
27. 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”;
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.
28. 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,
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.
29. 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 co-employees;
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.
30. 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 voters of the other 99 component
cities in the Philippines are allowed to do so.
31. 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.
32. 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
is 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.
33. 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;
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.