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WorksheetsPrelim
Total questions: 51
Worksheet time: 30mins
The State policy that civilian authority is supreme over the military does not apply in times of war.
True
False
The Philippines cannot declare the existence of war with China over the conflict at Kalaya-an Group of Islands because the Philippines renounces was an instrument of national policy.
True
False
The ban of nuclear weapons in our country is absolute when consistent with our national interest.
True
False
A treaty entered into by the Philippines is equivalent to our laws passed by Congress.
True
False
The Aquino Administration after the EDSA 1 revolution was considered only as de facto government because it assumed power in violation of the 1973 Constitution.
True
False
Republicanism means that authority to govern comes from the people; hence, they can govern directly as a rule.
True
False
If the issue is the wisdom, and not the legality of the law passed by Congress, the courts cannot nullity it as a rule.
True
False
If there is a change in sovereignty such as when a state is being invaded by another state, the municipal laws of the conquered state like its Civil Code remains in force unless changed by the belligerent occupant.
True
False
Under the archipelagic doctrine, the waters around, between, and connecting the islands of the archipelago form part of the territorial sea of the archipelagic state.
True
False
When the Preamble of the 1987 Constitution speaks of building a just and humane society, it becomes a source of a right for any department of government.
True
False
The republican and presidential system originated in Europe.
True
False
As decided in the case of Francisco, impeachment proceeding is a pure political question; hence, cannot be a
subject of judicial review.
True
False
The divine right theory is the belief that Kings derived their authority to govern from the people as the sovereign.
True
False
Liberalism during the enlightenment period was the philosophical foundation for the birth of republicanism.
True
False
Insofar as the required number of votes, it is more difficult to declare a law or an act as unconstitutional now as compared to the previous constitutions.
True
False
When the one subject of impeachment is a justice of the Supreme Court over a constitutional issue, the Court should refuse to assume jurisdiction under the principle of judicial restraint and in order not to be perceived as biased.
True
False
Legislative power is fully delegated by the sovereign to the legislative branch which means that it is only Congress that can pass or repeal laws.
True
False
When the President declares a state of national emergency, it is to exercise legislative power without need of authorization from Congress.
True
False
Generally accepted principles of the International Law are not effective in our jurisdiction unless a law is passed by Congress under the principle of transformation.
True
False
Our sovereign rights and prerogatives as a State can never be diminished in our relations with our States.
True
False
Jack and Jill are siblings. During the martial law, Jill went to the United States and obtained naturalization to escape the political persecution heaped upon her and her family by the cronies of the late President Ferdinand Marcos. On the other hand, Jack served the United Stated Army as it middle-ranking officer, and became a naturalized American as well. In June 2005, upon the proddings of their political supporters, Jack and Jill came home and separately filed petition for repatriation before the Special Committee on Naturalization.
May Jack and Jill be repatriated?
a. Only Jill is qualified to be repatriated.
b. Only Jack is qualified to be repatriated.
c. Yes, both are qualified to be repatriated, and they filed their application with the appropriate forum.
d. No, both are not qualified to be repatriated and the application should have been filed with the Regional Trial Court of the place where they last resided.
Justin, a natural-born Filipino, was naturalized in the United States of America on October 10, 2008. Justin availed of the benefits of Republic Act No. 9225 (“Citizenship Retention and Re-acquisition Act of 2003”).
Who among the following will not become a Filipino?
a. Justin’s son, Jake, who is married to Jean.
b. Justin’s daughter, Melissa, now a Grade 5 student, who was born outside of wedlock.
c. Justin’s adopted daughter, who is now in Grade 3.
d. None of the above.
X is a Filipino nurse who obtained employment at a prestigious hospital in Chicago, Illinois. He stayed in Chicago for twenty-five years and obtained American citizenship in the process. After becoming an American citizen, he married an American nurse and later had two children, ages 12 and 15 now. In 2010, he retired from gainful employment and sought to re-establish his residence in the Philippines.
What is the best way for him to regain Philippine citizenship?
a. Through judicial naturalization.
b. Through administrative naturalization.
c. Through the Citizenship Re-acquisition Act.
d. Through all of the above.
Ricky was born in the Philippines of Filipino parents. When martial law was declared in the Philippines on September 21, 1972, he went to the United States and was naturalized as an American citizen. After the EDSA revolution, he returned to the Philippines.
On August 10, 2020, he filed a petition for repatriation. On October 16, 2020, he filed his certificate of candidacy for the position Senator. He ran and won in the May 2021 elections. However, it was only on June 12, 2021 that his repatriation was approved and before he assumed office.
Was he qualified to assume and take his oath as a newly elected Senator?
a. No, having been naturalized in a foreign country in the past will not make him a natural born citizen of the Philippines
b. No, as he is a dual citizen and, the law requires that only Filipinos can run for public office
c. Yes, as the effect of repatriation allows him to get back his original status as a natural born citizen
d. No, because having to perfect his right to citizenship through repatriation will not make him a natural born citizen
A collision occurred involving a passenger jeepney driven by Leonardo, a cargo truck driven by Joseph, and a dump truck driven by Lauro but owned by the City of Cebu. Lauro was on his way to get a load of sand for the repair of the road along Fuente Street, Cebu City.
As a result of the collision, 3 passengers of the jeepney died. Their families filed a complaint for damages against Joseph who in turn filed a third-party complaint against the City of Cebu and Lauro.
Is the City of Cebu liable for the tort committed by its employee?
a. The City of Cebu is not liable because its employee was engaged in the discharge of a governmental function.
b. The City of Cebu is liable for the tort committed by its employee while in the discharge of a non-governmental function.
c. The City of Cebu is liable in accord with the precept of respondent superior.
d. The City of Cebu is not liable as a consequence of its non-suitability.
Piolo Revilla is a holder of an alien registration certificate. He was born on August 16, 1940 to a Filipino father and an alien mother. He is holder of a valid subsisting Philippine passport and a continuous resident of the Philippines. It is contended that he is an alien because he is holder of an Alien Certificate of Registration; and, therefore disqualified from holding public office.
If you are consulted by Piolo Revilla, what would be your advice
a. He is not qualified because as a holder of an Alien Certificate of Registration, he is considered an alien
b. He is not qualified because being born under the 1935 Constitution, he should have elected Filipino citizenship at age 18
c. He is qualified because being born of Filipino father, he is considered a Filipino and is presumed as such unless proof is shown that he has renounced or lost his Philippines citizenship
d. He is qualified because he is dual citizen; hence, can run for public office anytime without having to give up expressly his alien citizenship
The Constitutional mandate is that the state recognizes the sanctity of family life and protects and strengthens the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception.
This is manifested in ___________
a. the passage of the RH Bill
b. the state penalizes abortion
c. sanctioning same sex marriage
d. controlling child birth
Which of the following provisions of the 1987 Constitution is self-executory and is a source of an enforceable right?
a. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.
b.) The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as maybe defined by law.
c. In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos.
d. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.
It is a situation where there is a sharing of two or more departments in the performance of a given constitutional task. One department acts in manner complementary or supplementary to another
a. Blending of powers
b. Checks and balance
c. Delegation of powers
d. Separation of powers
The doctrine of Incorporation states that _____________________.
a. the international law principles are transformed into local
legislations so that they could be implemented in our jurisdiction
b. the generally accepted principles of international law are made part of the law of the land either by express provision of the constitution or by means of judicial declaration or fiat
c. parties to a treaty must adhere thereto in good faith
d. The Philippines renounces was as an instrument of national policy
Which of the following is not a declared policy of the State under the 1987 Constitution?
a. Promotion of social justice in all phase of national development
b. Promote full employment
c. Policy of prohibiting political dynasties as maybe defined by
law.
d. Absolute policy of full public disclosure of all transactions
involving public interest.
It is an imaginary straight line joining the outermost points of the outermost islands of the archipelago, enclosing an area, provided that the drawing of the lines shall not depart to any appreciable extent from the general configuration of the archipelago,
a. Archipelago Doctrine
b. Low water mark
c. Straight Baselines
d. Contiguous zone
A government that gets possession and control of, or usurps by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter.
a. Revolutionary government
b. De facto government
c. De jure government
d. Belligerent occupation
It is essential to the operation of this system that the departments or branches of government shall not encroach upon the powers of each other. It means that each branch must exercise its powers without intruding into the exercise of the powers of the other branches, for they are independent, and coordinate.
a. Blending of Powers
b. Residual powers
c. Delegation of Powers
d. Separation of Powers
Every law passed by Congress is constitutional unless it is declared otherwise by the majority of the members of the Supreme Court because
a. It is made by Congress which has the sole prerogative to make laws
b. The judiciary cannot check Congress as a co-equal branch
c. Respect and presumption of regularity to the action of Congress and the President in passing the law.
d. It is a political question.
A Filipino owned company named Handumanan Corp. participated in a bidding to buy the shares of SSS in Manila Hotel but lost to a Singaporean company. As allowed under the rules, the Filipino owned company offered to match the bid price of the foreign company. However, its effort was futile as the government auction committee denied their offer to match.
Aggrieved of the denial, Handumanan Corp filed a suit in court alleging grave abuse of discretion on the part of the government auction committee invoking Section 10, Article XII, of the 1987 Constitution that states” “In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos?”
The government auction committee defended by saying that the said provision of the Constitution is not enforceable as there is no enabling law yet passed by Congress.
How should the case be decided?
a. The case should be dismissed because the matter as to who should be awarded the right to buy shares is a political question.
b. The case should be dismissed because the provision cited needs an enabling law to be enforceable.
c. The case should be decided in favor of Handumanan Corp because the provision is clearly a complete grant of a right; hence, it is self-executory.
d. The case should be decided in favor of Handumanan Corp because we have the absolute rule on the Filipino First Policy.
How do we interpret the Constitution?
a) We interpret the Constitution “not by letter that killeth but by the spirit that giveth life”.
b) Wherever possible, the words used in the Constitution must be given their ordinary meaning except where technical terms are employed.
c) Ascertain and thereafter assure the realization of the intent of the framers and of the people in the adoption of the Constitution.
d) B and C.
A group of parents complained to the new President that the on-line lotto draw should not be shown on government television because it affects the moral upbringing of young audience citing Section 13, Article II of the 1987 Constitution that says, “The State recognizes the role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being” as their basis.
In response, the President ordered the General Manager of government station RPN to stop the airing of lottery draws. The advertisers of the show complained that the President abused his discretion.
Who is correct?
a) The President is correct because the provision is self-executing and, therefore can be used as a source of a right by the parents.
b) The advertisers are correct because the President’s action amounts to an impairment of existing contracts.
c) The President is correct because it is his responsibility to protect the minor children of the State applying the “parens patriae” doctrine.
d) The advertisers are correct because it should be the parents who filed a case in court to stop the program.
“X” files a case against the Commodore of the Philippine Navy for damages caused on his yacht which was rammed by one of the latter’s ships while sailing at Opon strait in bad weather. Will the suit prosper?
a) No, because it was caused by bad weather; hence, an act of God
b) No, because in the end it will be the Government which will pay; hence, it is a suit against the State without its consent.
c) Yes, because the suit is directed at the Commodore personally and not against the State.
d) Yes, because the State should not be allowed to perpetuate an injustice
Supposing in the above situation, the canteen concessionaire of the vessel sues the Commodore for illegal termination of his lease contract, will the suit prosper?
a. No, because ultimately it will be the Government which will pay; hence, it is a suit against the State without its consent.
b. Yes, because the State waives its immunity from suit when it enters into a commercial or proprietary contract.
c. Yes, because the suit is directed at the Commodore personally and not against the State.
d. No, because the contract was entered into as part of governmental function.
Ambassador Kiram entered into a maintenance agreement with Clean-up Janitorial Services for the physical upkeep of the Embassy of the Republic of Omnesia. The contract states that “any legal action arising from it shall be settled according to the laws of the Philippines”. May the Republic of Omnesia be sued in relation to the contract?
a. No. Contracts entered into by a sovereign state in connection with the establishment of diplomatic mission are contracts jure imperii or in the exercise of a governmental function.
b. Yes. It was a commercial undertaking that they entered into hence the Republic of the Omnesia is deemed to have waived its immunity from suit.
c. Yes. Since Republic of Omnesia agreed to the provision on the contract, it is deemed a waiver of its immunity.
d. No. Waiver of suability does not mean a concession of its liability.
In order to curb the rampant illegal smuggling of Vietnam rice into the country, the new President asked Congress to pass a law creating the “Vietnam Rice Commission” which has the power, among others, to distribute confiscated rice to needy local government units and charitable institutions as it deems fit to receive.
If your legal advice is sought by the rice importers to lobby against the passage of the bill, what is the strongest argument can you cite?
a. It is a redundancy as the Department of Agriculture and National Food Authority can handle the same task.
b. It is an undue delegation of legislative power unless what constitutes “needy” and “as it deems fit” are clearly defined; thus, may not be subject to abuse.
c. It is beyond the power of Congress to create that kind of body as enforcement of customs and importation laws is the primary duty of the Bureau of Customs in coordination with the police.
d. Congress cannot pass such kind of a law unless the President declares that there is a national emergency.
The House of Senate recently elected Senator Sotto as the new Senate President. Feeling aggrieved, Senator Pimental sought the assistance of President Duterte. He complained that the Senators who elected Senator Sotto gravely abused their discretion because they chose a former tv host instead of bar topnotcher like him.
In order to help a party-mate in the PDP Laban, President Digong plans to meet the leaders of the Senate for a meeting. He wants to explain that he needs to have Senator Pimental as the Senate President because the latter is fully committed to the anti-corruption and anti-criminality agenda of his Administration.
Did the Senators commit grave abuse of discretion in electing a tv host as the new Senate President?
a. No, because being a tv host is not a disqualification.
b. No, because it is the choice of the majority of the Senators.
c. A and B are correct
d. A is incorrect while B is correct.
Should President Duterte intervene in order to elect Senator Pimentel as Senate President?
a. Yes, because the President needs a supportive Senate for his agenda.
b. No, because it violates the separation of powers principle.
c. Both A and B are correct.
d. Both A and B are incorrect.
Upon endorsement from the Senate where it was first mistakenly filed, the House of Representatives Committee on Justice found the verified complaint for impeachment against the President sufficient in form but insufficient in substance. Hence, the Committee decided to dismiss the complaint which the plenary of the House of Representatives affirmed.
Within the same year, another impeachment suit was filed against the President who questioned the same for being violative of Section 5, Article XI of the 1987 the Constitution that says, “No impeachment proceedings shall be initiated against the same official more than once within a period of one year”.
Is the President correct?
a) No, “initiated” means the Articles of Impeachment have been actually filed with the Senate for trial; this did not yet happen.
b) No, the first complaint was not deemed initiated because it was originally filed with the Senate.
c) Yes, the dismissal of the first impeachment proceeding bars the initiation of another during the same term of the President.
d) Yes, no impeachment proceeding can be filed against the President more than once within a year.
Under this test, a law must have enough parameters to map out the boundaries of legislative policy and indicating the circumstances under which it is to be pursued.
a) completeness test
b) standardized test
c) sufficient standard test
d) sovereign test
A judge allowed access to docket records of cases but only under certain conditions and subject to his control and supervision. Is the judge guilty of abuse of authority?
a. Yes, because the right of the people to information on matters of public concern is an absolute right.
b. Yes, because docket records of cases are public records covered by the people’s right to information.
c. No, because all court records are classified and confidential information.
d. No, because the right to access granted by the constitution to public records is subject to reasonable limitations imposed by law.
A law is passed by Congress allowing the promotion of artificial family planning methods and the adoption of two-children policy to curb over-population. The Catholic Church questions the morality and wisdom of the law because procreation is an essential part of God’s plan for man; hence, any means to prevent conception (other than by natural method) is against its teachings.
If you are the Solicitor General, which of the following arguments will you invoke to defeat the challenge in Court?
a. There is separation of Church and State; hence, the Government should not be dictated upon by the Catholic church in determining its secular policies
b. It is a political question beyond the power of the Court to review
c. It is a prerogative of Congress to pass any kind of law
d. None of the above
Is it constitutional if a law allows the State to purchase and distribute contraceptive bills to various barangay health centers as part of family planning methods in view of a State policy to protect the life of the mother and the life of the unborn under Section 12, Article II of the 1987 Constitution?
a. No, because contraceptive pills promote abortion and, therefore, violates the “right to life” provision being referred to.
b. Yes, because the constitutional protection starts when life begins and a pill that prevents conception is not s violation as there is no life yet to speak of.
c. Yes, because family planning methods that include the use of contraceptive pills is an option left to the couple to decide.
d. No, because contraception pills prevent conception which in effect is killing a potential zygote or fetus.
The non-establishment of religion clause is violated when
a. The state grants tax exemption to property that is actually, directly and exclusively used for religious purpose.
b. The state allows pupils who are members of Jehovah’s Witnesses to refuse to participate in singing the national anthem and saluting the flag, etc. on account of their religious beliefs.
c. The state declares the whole period of the Ramadan a holiday for the Muslims.
d. The state compels the recital of opening prayers before the start of classes in public elementary schools
The State allows the Filipino Muslims to practice polygamy without prosecution under the Revised Penal Code because of
a. the separation of church and state; hence, the Government should not interfere with a religious practice or tradition of any religion.
b. strict neutrality principle which means that the State does not care how many wives its citizens will have
c. benevolent accommodation in order for them to practice their faith as there is no compelling State interest to intervene
d. the need to correct a historical injustice against the Muslims
