UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

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POLITICAL LAW (Answer Key) 1. Which of the following public official can exercise the DOCTRINE OF AUGMENTATION: a. b. c. d. 2. Presiding Justice of the Sandiganbayan Solicitor General COA Chairman Senate majority floor leader

All BILLS must pass three (3) readings: a. b. c. d. True True, on separate days False False, only two (2) readings

3.

Which of the following is not a proper characteristic of public office? a. b. c. d. Public office is a public trust; Public office is not a hereditary possession; Public office may be a subject of a contract; Public office is not protected by the due process clause of the Constitution.

4. The law on nepotism is directed against: a. b. c. d. Midnight appointments; Appointment of relatives; Appointments made for the purpose of buying votes; Ad-interim appointments;

5. Which of the following has no original jurisdiction over administrative disciplinary cases involving public officers and employees? a. b. c. d. 6. Chief of office or bureau; Ombudsman; Civil Service Commission; Local Chief Executive;

Which statement is not correct? a. Preventive suspension is not a penalty; b. An indefinite preventive suspension is not allowed as it constitutes denial of due process; c. One who had been placed under preventive suspension may be pardoned by the President; d. Preventive suspension may arise as an incident in a criminal or administrative case

7. Which statement is not correct? a. Pardon may mean forgiveness, but not forgetfulness;

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

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b. Pardon looks back and erases whatever shade of guilt there was; c. What was remitted insofar as the grant of pardon is concerned is the penalty imposed so that the convict may no longer serve the sentence imposed on him; d. One who has been granted absolute pardon may not be validly reinstated in the service; 8. Which of the following is not a constitutional ground for the Vice President to assume the presidency? a. b. c. d. Death of the President; Permanent incapacity of the President; Removal from office of the President; Withdrawal of support of the AFP and the PNP to the President;

9. The lone Candidate Law (R.A. No. 8295) applies: a. b. c. d. In local elections only; In national elections only; In regular elections only; In special elections to fill a vacancy only;

10. Which of the following does not fall under the exclusive jurisdiction of the COMELEC? a. b. c. d. Pre-proclamation cases; Election protest involving elective municipal officials; Petition to declare failure of elections; Petition to declare a candidate a nuisance candidate;

11. Which of the following disqualification case may not be properly availed of before the elections? a. Quo warranto petition; b. Petition to declare a candidate a nuisance candidate; c. Petition to disqualify on the ground of material representation as to any statement of fact in a candidates certificate of candidacy; d. Petition to disqualify on the ground of vote-buying and terrorism; 12. Which of the following is not a proper issue that may be raised in a pre-proclamation case? a. b. c. d. Ballot box snatching; Illegality in the composition and proceedings of the Board of Canvassers; Election returns were prepared under duress, threat or intimidation; Election returns were obviously manufactured or not authentic;

13. Which statement is not correct? a. An election contest is imbued with public interest; b. An election protest may be heard summarily;

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

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c. An election contest may not be dismissed if the protestant or the protestee dies; d. An election protest may be filed only if a candidate has already been proclaimed 14. Is there a distinction between a quo warranto case and an election protest under the Omnibus Election Code? a. No, there is no distinction. COMELEC has jurisdiction in both cases. b. Yes, there is a distinction. A quo warranto proceeding is heard by the trial court while an election protest is tried by COMELEC. c. No, there is no distinction because both question the right of a person to occupy the elective position. d. Yes, there is a distinction because only losing candidates can file an election protest while any registered voter can file quo warranto proceeding against a winning candidate. 15. All local government units may raise its own revenue. From the following which is not included form revenue-raising measure of the local government a. b. c. d. tolls fees charges estate taxes

16. Mr. Jose Reyes is a regular employee of the Municipality of Sta. Ines. He is qualified as a heavy equipment driver of the municipality. While undertaking repairs of a municipal road he rammed the fence of a public school causing the death of two of its students. Will the Municipality of Sta. Ines be liable for the death of the two public school students? a. Yes, the municipality is liable because under Sec. 24 of the Local government Code, a local government unit is not exempt from liabilities or death or injury to persons or damage to property. b. No, the municipality is not liable because the incident was purely an accident. c. Yes, the municipality is liable because Mr. Jose Reyes was undertaking a proprietary function at the time of the incident. d. No, the municipality is not liable for the tort committed by Mr. Reyes. 17. In municipal mayoralty elections in 1980, John Go who obtained the highest number of votes was subsequently declared to be disqualified as a candidate and so ineligible for the office to which he was elected. Would this fact entitle Henry Say who obtained the second highest number of votes to ask and to be proclaimed the winner of the elective office? a. Yes, Henry say may assume the position because he is the second best person to serve. b. No, Henry is not entitled to assume the position because a second placer is considered a loser. c. No, John Go has still time to question his disqualification before the courts.

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

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d. No, John Go should file necessary action for issuance of TRO to prevent Henry Say to assume the position. 18. . ASYAN TRESUR is a municipality composed of 15 barangays, 10 west of Taktak River and 5 east thereof. The constituents of the 10 western barangays, feeling left out of the services and facilities of the Asyan Treasure, wish to constitute themselves into a new and separate town to be called Western Asyan treasure. Granting that Western Asyan Treasure proponents succeed to secure a law in their favor, would a plebiscite be necessary or not? a. Yes, a plebiscite is necessary because all 15 barangays will be affected with the creation of new Iocal government unit. b. No, a plebiscite is no longer necessary because there is already a law creating Western Asyan Treasure. c. Yes, a plebiscite is necessary because it will show the preference of the constituents who should be local leader. d. No, a plebiscite is no longer needed because majority of the 15 barangays want to be separated from Asyan Treasure. 19. This provides that the jurisdiction of the International Court of Justice in not mandatory but subject to the consent of the parties. a. b. c. d. domestic jurisdiction clause calvo clause optional jurisdiction clause compromissary clause

20. Principle which provides that aliens must be treated in accordance with the international standard of justice. a. b. c. d. doctrine of equality of treatment calvo clause doctrine of state responsibility doctrine of double criminality

21. Legal principle which justifies the non-performance of the terms and conditions of a treaty. a. b. c. d. damnum absque injuria pacta sunt servanda jure gestionis rebus sic stantibus

22. It is the function of the United Nation General Assembly which relates to the reformation or amendment of the United Nation Charter a. b. c. d. financial deliberative elective constituent

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23. Which of the following is not related to the appointment of a diplomatic envoy? a. b. c. d. letter of credence aggregation c. appointment in accordance with the local law of the sending state exequatur

24. It is a prohibition as to the use of any measure absolutely not necessary for the purpose of war. a. b. c. d. postliminium principle of humanity genocide principle of chivalry

25. Municipal law in superior than International law a. true b. false c. true, if raised in a local tribunal d. true, if raised in an international tribunal 26. Under the United Nations Conference of the Law of the Sea, the extent of the contiguous zone is: a. b. c. d. 3 nautical miles from the lowest water rank 12 miles from the outer limits 12 miles from the lowest water rank 200 miles from the outer limits

27. BS Lim was born on April 20, 1974 of Taiwanese father and Filipino mother in Manila.
According to the laws of Taiwan, a woman marrying a Taiwanese husband shall follow the citizenship of the husband upon marriage. In 1998, BS Lim went to the United States and became a naturalized American. In January 2003, he returned to Manila and applied for repatriation which was approved by the Special Committee on Naturalization on May 4, 2003. He then registered as a voter and on January 2004, he filed his certificate of candidacy as a congressman in the 1st district of the City of Manila. a. BS Lim is not qualified to run for congressman because his repatriation as a Filipino is not valid for he was never a Filipino from birth. b. BS Lim is not qualified because even assuming that his repatriation as Filipino was valid, he is not a natural-born citizen. c. BS Lim is qualified because he is a natural-born citizen and has all the other qualifications required for a candidate for congressman d. BS Lim is qualified provided nobody will file a petition for a disqualification. 28. The following are the requisites of a judicial inquiry: except: a. b. c. d. question raised by a proper party declaration of the court of unconstitutionality raising the question on the earliest possible opportunity actual case or controversy

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

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29. Any of the following may propose amendment to the Constitution except: a. a constitutional convention called 2/3 vote of all its members of Congress b. a petition representing 12% of the nations registered voter wherein each legislative district is represented by 3% c. vote of all the members of Congress d. a petition representing 12% of the nations registered voter wherein each legislative district is represented by 5% 30. Under the fundamental principles and policies of the State, which of the following statement is FALSE: a. b. c. d. 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;

31. 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. 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

32. The three inherent powers of the state are always integral parts of the Constitution. a. True b. False, because the 3 inherent powers of the state are not always integral parts of the Constitution c. False, because they are not always present in the Constitution d. False, because they are not always present in the State 33. Appeal is part of our due process. a. b. c. d. True False, because it is not part of due process False, it is merely a statutory right False, because appeal must be so provided in the Constitution to be part of due process

34. There are two steps in the amendments of our Constitution. a. True b. False, because there are many other steps c. False, because judicial review is the 3rd step d. False, because the Court may also provide another step

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

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35. Only the government and its agencies can exercise the power of eminent domain. a. b. c. d. 36. 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 Notice and hearing are not required in licensing unless it involves: a. A contested case b. Willful violation of pertinent laws, rules and regulations c. Public security, health or safety d. Renewal of a license 37. The Ombudsman has the power to take cognizance over the following except: a. crime of rape committed by a city mayor b. graft cases cognizable by regular courts c. graft cases cognizable by Sandiganbayan d. graft cases involving members of Congress 38. Findings of fact of an administrative agency are not final in the following circumstances except: a. Findings of fact supported by substantial evidence b. Findings of fact supported by substantial evidence and the law does not specifically provide otherwise c. Not supported by substantial evidence d. When the decision was rendered in consequence of fraud, imposition or mistake other than error of judgment 39. Due process in administrative proceedings does not require: a. An opportunity to be heard b. A trial c. An Opportunity to seek reconsideration

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

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d. Independent consideration of the judge

40. Generally, the courts will not intervene if the question to be resolved is one which requires the expertise of administrative agencies and the legislative intent on the matter is to have uniformity in the rulings. This rule is known as: a. Exhaustion of Administrative Remedies b. Qualified Political Agency c. Doctrine of Primary Jurisdiction d. The Pervasive Principle

41. The Doctrine of Exhaustion of Remedies applies when the following requisites are met except: a. The administrative agency is performing a quasi-judicial function b. The administrative agency and the regular court have concurrent and original jurisdiction c. Judicial review is available d. The court acts in its appellate jurisdiction 42. Interpretative rules as opposed to legislative rules promulgated by administrative agencies are: a. Required to be published b. Not binding on the courts c. Required to be circulated prior to adoption d. Made based on the existence of certain facts upon which the enforcement of the law depends

43. In the following instances, an administrative agency acts in accordance with law except: a. HLURB issues a subpoena duces tecum

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

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b. Civil Service Commission issues a subpoena ad testificandum c. LTFRB revokes a certificate of public convenience without notice and hearing due to danger to public safety d. NLRC cites a party to case in contempt for refusal to produce documents

44.

Injunction may issue in the following instances except: a. In tax collection in all instances b. When injunction is issued by the Supreme Court to an administrative agency c. When there is willful invasion of the petitioners right and the injury is a continuing one d. When the defendant is doing an act in violation of petitioners rights which may render the judgment ineffective

45.

The following involve permissible delegation of legislative power except: a. Power to declare the existence of facts which call into operation the provisions of a statute b. Power to fix rates by an administrative agency is delegated to a common carrier c. The standard defining the legislative policy is only implied d. Promulgation of implementing rules and regulations in accordance with the enabling law

46. Which of the following body or person is not allowed to propose amendments to the constitution? a. b. c. d. Congress Constitutional Convention. The people The President

47. The Congress in calling a Constitutional Convention is acting as:

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a. b. c. d.

Investigative body Legislative body Constituent body All of the above

48. It is the number of votes needed when the Congress is the one proposing amendments to the constitution. a. b. c. d. Two-thirds (2/3) vote of all the members of Congress. Two-thirds (2/3) vote of all the members of Senate. Three-fourths (3/4) vote of all the members of Congress. Three-fourths (3/4) vote of all the members of Senate.

49. Florito was a registered voter of Candijay, Bohol and had voted in said municipality in all the elections therein for municipal elective officials. He was elected Mayor of Candijay for three times and held office until 1999. On the other hand, it also appeared that Florito constructed a house of mixed materials in Nabas (another town), and had been living therein with his wife and children since 1996. He had to build said house in Nabas because he needed a place to store his copra which he bought from Gretchen, the owner of the house he was staying while in Nabas. Has he abandoned his residence in Candijay? a. Yes because by having been elected as Mayor for three times in Candijay, he has acquired permanent residence therein; b. Yes because he can maintain two houses in two different places and choose either address for purposes of elections c. No because residence and domicile means one and the same in election law d. No because it is not necessary that a person should have a house in order to establish his residence and domicile in a municipality. 50. In 1991, Pilita married Bobby Swarchoff, a national of the State of Uganda. Under the laws of Uganda, an alien woman marrying a Ugandan national automatically acquires Ugandan citizenship. After her marriage, Pilita resided in Uganda and acquired a Ugandan passport. In 1992, Pilita returned to the Philippines to run for Governor of Biliran. Was Pilita qualified to run for Governor? a. Yes because she is still a Filipino citizen by birth. b. Yes because there is no legal impediment for her to run as Governor. c. No because when she became a citizen of Uganda, she became a dual citizen and is thus disqualified to run as Governor. d. No because she does not possess the residency requirement.