WorksheetsMIDTERM 2020
Total questions: 61
Worksheet time: 3580secs
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
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
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
Liberalism during the enlightenment period was the philosophical foundation for the birth of republicanism.
True
False
Legislative power is fully delegated by the sovereign to the legislative branch which means that it is only Congress that make laws.
True
False
Our sovereign rights and prerogatives as a State can never be diminished in our relations with other states.
True
False
As part of its parliamentary immunities, a member of Congress can criticize the Supreme Court during its session without incurring any liability except perhaps if it amounts to a violation of its internal rules on disorderly behavior.
True
False
The power to declare the existence of a state of war can be delegated by Congress to the President subject to a law that it may enact based on the principle of blending of powers.
True
False
When the President certifies as to the necessity of a proposed bill to meet a public calamity or emergency, the said measure will not anymore be subjected to plenary debates as the three readings on separate days is dispensed with.
True
False
Executive Impoundment of the budget is allowed under the Constitution.
True
False
The Bi-Conference Committee could not introduce amendments which are not contained in either version of the bill from the Senate or House of Representatives.
True
False
In case of conflict, the journal of Congress proceedings shall prevail over the contents of the enrolled bill.
True
False
A Partylist nominee should belong or come from the sector that the party represents.
True
False
The Commission on Appointment is a creation of Congress and, therefore, its staff and functions are subject to the regulation of the latter.
True
False
As a rule, the President cannot prevent the appearance of his/her Cabinet Secretaries including active military generals in a legislative inquiry.
True
False
A person facing a criminal complaint in Court could refuse attendance in a legislative inquiry involving the same subject matter because it would pre-empt the judgment of the court.
True
False
A congressman designated as member of the House of Representatives Electoral Tribunal maybe replaced anytime by his Party considering that he is only a representative of his Political Party.
True
False
As a rule, the provisions of the Constitution need specific legislative enactments to be enforceable.
True
False
As a qualification requirement for running to public office, the term “residence” should refer to actual physical residence in the Philippines throughout the year.
True
False
What is the citizenship of a Filipino Woman who married a foreigner?
a. If the marriage took place before the 1973 Constitution and after C.A. No. 63 took effect and she acquired the nationality of the husband, she lost Philippine citizenship otherwise, she remained a Filipino.
b. If the marriage took place under the 1973 Constitution, the Filipina shall retain her Philippine citizenship, unless by her act of omission she is deemed, under the law, to have renounced her citizenship.
c. If the marriage took place under the 1987 Constitution, she shall retain her citizenship, unless by her act or omission, she is deemed, under the law to have renounced it.
d. All of the above.
Filipino citizenship may be acquired through judicial naturalization only by an alien
a. born, raised, and educated in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen.
b. who has all the qualifications and none of the disqualifications to become a Filipino citizen.
c. born and raised in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen.
d. whose mother or father is a naturalized Filipino and who himself is qualified to be naturalized.
.Chris Villar was born in Mabolo, Cebu City, to Filipino parents. She grew up and finished her college here. She was also registered in Mabolo. Upon graduation, she went to Manila to work for an American firm. She has a condo in Makati where she lived for the last ten years. At the age of 30, she returned to Cebu City to look for a new job. After 6 months, she run as Representative to Congress.
Is she qualified to run?
a. No, because her actual residence in Cebu City is less than one year.
b. No, because she is short of the age requirement.
c. Yes, because Cebu City is her domicile; hence, she is compliant with the one year residence requirement.
d. Yes, because she is both domiciled in Makati and Cebu City so she could run to either.
The House of Representatives is composed not only of the regular district representatives, but also of party list representatives representing 20% of the total membership of said body, including such representatives.
What is most correct answer with respect to the rules on the election and allocation of party list representatives?
a. Only those groups which garner 2% of the total votes cast for party list shall be entitled to one seat and those who get less cannot be allocated with any seat.
b. Only those groups which garner at least 2% of the total votes cast for party list shall be entitled to one seat provided that a group can have a maximum of 3 seats if it gets more than 2%.
c. Those groups which garner at least 2% of the total votes cast for party list shall be guaranteed of one seat. The remaining available seats shall be distributed proportionately in the order of ranking of participating groups including those which were already given the guaranteed seats provided a party list group cannot have more than 3 seats.
d. None of the above as the party list law was declared unconstitutional.
A member of the House of Senate must have the following qualifications aside from being able to read and write and a resident of the Philippines for at least two years.
a. 35 years old at the time of assumption of office and natural
born Filipino citizen
b. 35 years old on the day of election and natural born Filipino citizen
c. 35 years old on the day of election, natural born Filipino
citizen with a drug use clearance from DOH
d. 35 years old on the day of election, natural born citizen, with a written waiver secrecy of all bank deposits foreign and local
Even if a member of Congress is willing to forfeit his seat, he may not be appointed to any office in the Government that has been created during his term.
What is the reason for this?
a. it is a forbidden office
b. due to conflict of interest
c. it is an incompatible office
d. due to prohibition on double appointment
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.
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.
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 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.
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 De jure government Belligerent occupation
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
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 rule on the Filipino First Policy.
“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
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.
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.
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.
On December 25, 2019, while Congress is on a short recess for Christmas, the President appointed Senator Lito Lapid as Secretary of National Defense. The latter immediately took his oath and assumed office. When Congress resumed its session on January 15, 2020, the Commission on Appointments (CA) informed the Office of the President to submit the nomination of Senator Lapid for confirmation.
The President replied that there was no need for confirmation as the ad interim appointment was immediately effective.
Which statement is most correct?
a.The Office of the President is correct because an ad interim appointment is exempted absolutely from confirmation of the CA.
b. The Office of the President is wrong because Cabinet appointments must be confirmed first by the CA to be effective.
c. The CA is correct because an ad interim appointment while effective immediately; still it needs subsequent confirmation or rejection by Congress when it resumes its session.
d. Both the CA and the Office of the President are wrong
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
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 President issued an executive order directing all department heads to secure his consent before agreeing to appear during question hour before Congress on matters pertaining to their departments.
Is the executive order unconstitutional for suppressing information of public concern?
a. No, because those department heads are his alter egos and he is but exercising his right against self-incrimination.
b. Yes, the President cannot control the initiative of the department heads to conform with the oversight function of Congress.
c. Yes, the President cannot withhold consent to the initiative of his department heads as it will violate the principle of check and balance.
d. No, the President has the power to withhold consent to appearance by his department heads during question hour.
Which of the following is a political question?
a. Election of House Speaker by the House of Representatives by secret ballot instead of open balloting
b. The House of Senate imposing a disciplinary action against a member of the Senate with less than the required vote needed
c. Correct composition of the Commission of Appointment
d. A bill decriminalizing abortion
In this form of government the State confers upon the legislature the power to terminate the tenure of the executive. Under this system, the Cabinet or Ministry is immediately and legally responsible to the legislature as there is a fusion of the legislative and executive.
a. Federal
b. Presidential
c. Parliamentary
d. Unitary
The Secretary of the Department of Public of Works and Highways (DPWH), after an investigation, ordered the demolition of the fishpond of X as a nuisance per se on the ground that it encroached on navigable rivers and impeded the use of the rivers.
May X sue instead the Secretary in his personal capacity to recover damages for the cost involved in rebuilding the fishponds and for lost profits?
a. Yes, because the suit is directed at the Secretary personally and not against the State.
b. No, because ultimately it will be the Government which will pay as it was done within the Secretary’s official capacity; hence, it becomes a suit against the State without its consent.
c. Yes, because the State is considered to have waived its immunity from suit when it perpetuates an injustice.
d. No, because the State cannot be sued without its consent at all times.
Senator Fleur De Lis is charged with plunder before the Sandiganbayan. After finding the existence of probable cause, the court issues a warrant for the Senator’s arrest. The prosecution files a motion to suspend the Senator relying on Section 5 of the Plunder Law. Senator Lis opposes the motion contending that only the Senate can discipline its members; and that to allow her suspension by the Court would violate the principle of separation of powers.
Is she correct?
a. No. No one is above the law; hence, she should comply.
b. Yes. Only the Senate through its Ethics Committee can impose suspension on its members by way of penalty.
c. Yes. It will deprive her constituents and those who elected her of their voice in the Senate
d. No. The suspension issued by the Court is not an administrative penalty and is based on a separate law.
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
RA 9522 shortened one baseline, optimized the location of some base points around the Philippine archipelago and classified adjacent territories, namely, the Kalayaan Island Group (KIG) and the Scarborough Shoal, as "regimes of islands" whose islands generate their own applicable maritime zones.
Is the law constitutional?
a. Yes, it is a statutory tool to demarcate the country’s maritime zones and continental shelf under the United Nations Convention of the Law of the Sea (UNCLOS III).
b. Yes, RA 9522 is a valid delineation of the Philippine Territory consistent with UNCLOS III prescribing the water-land ratio, length and contour of baselines of archipelagic States.
c. No, RA 9522 reduces Philippine maritime territory, and logically, the reach of the Philippine state’s sovereign power, in violation of Article I of the 1987 Constitution.
d. No, RA 9522 opens the country's waters landward of the baselines to maritime passage by all vessels and aircrafts, undermining Philippine sovereignty and national security, in violation of relevant constitutional provisions.
Senator Bondoc was charged with murder (that carries a penalty of reclusion perpetua) and detained at the Quezon City Jail. He invoked, in seeking leave from the court to attend the session of the Senate, his immunity from arrest as a Senator. How should the court rule on his motion?
a. Deny the motion unless the Senate issues a resolution certifying to the
urgency of his attendance at its sessions.
b. Grant the motion provided he posts bail since he is not a flight risk.
c. Grant the motion so as not to deprive the people who elected him their right to be represented in the Senate.
d. Deny the motion since immunity from arrest does not apply to a charge of murder.
Congress passed a bill making it a requirement that the Senate President must be a holder of a doctoral degree in public administration aside the qualifications of age, residency, and citizenship as Senator. The President vetoes it contenting that it is unconstitutional as the Constitution requires only that a Senator must be able to read and write.
Was the action of the President correct?
a. No, as it was within the power of Congress to enact a law to promote the common good which is possible with a competent Senate President.
b. No, Congress may add a qualification provided that the minimum requirements in the Constitution are still met.
c. Yes, Congress cannot change or modify the qualification requirements in the Constitution
d. Yes, Congress can change or modify the qualification requirements except with respect to literacy.
Congress has plenary power which means that:
a. it can amend or repeal its previous enacted laws
b. it can override the President’s veto
c. it can pass all kinds of bills
d. it cannot amend or repeal its previous enacted laws
In appropriating funds for the modernization of the Armed Forces of the Philippines, Congress placed in the General Appropriation Act of 2019 a provision prohibiting the use of the funds to pay for trainer planes and armored personnel carriers. The President vetoed the provision since the purchase of the trainer planes and the armored personnel carriers had already been contracted for.
Some Senators questioned the validity of the veto of the President. Is the veto valid?
a. Yes, the veto is valid because such is the sole prerogative of the President in an appropriation bill.
b. Yes, the veto is valid because it impairs existing obligations of contract.
c. No, the veto is not valid because it intrudes into the prerogatives of Congress which has the plenary power to pass laws.
d. No, the veto is not valid because it violates the separation of power of co-equal branches of government.
What is the minimum number of signatures needed to validly conduct a people’s initiative to propose and enact laws?
a. At least 10% of the total votes cast with every legislative district represented by at least 3%
b. At least 3% of all the registered voters nationwide
c. At least 10% of the total number of registered voters
d. At least 10% of all registered voters nationwide with every legislative district represented by at least 3%.
Under the 1987 Constitution, the Philippine national territory comprises of:
a. The Philippine archipelago, as delineated in the Treaty of Paris, and amended by the Treaty of Washington and Treaty with Great Britain
b. The Philippine archipelago and its internal waters
c. The Philippine archipelago, its internal waters and its aerial domain
d. The Philippine archipelago and all other territories over which the Philippines has sovereignty or jurisdiction.
Which of the following bills the President can make a partial veto?
a. a bill increasing the corporate income tax
b. a bill creating the Truth Commission
c. a bill declaring February 14 as Lovers’ Day
d. a bill banning public smoking
A bill may contain provisions not expressly stated in the title provided these are
a. Included in the explanatory note
b. covered in the separability clause
c. germane and related to the subject matter of the title
d. not contrary to the objectives
In times of times of war or other national emergency, the Congress may, by law, authorize the President to exercise powers necessary and proper to carry out a declared national policy.
Is there a limitation to the time frame by which this emergency power is to be exercised?
a. No, provided Congress makes the authorization
b. No, as long as the national emergency is still there
c. Yes, because unless sooner withdrawn by a Resolution of the Congress, such power shall cease upon its next adjournment
d. Yes, because it is valid only for 90 days to avoid abuse
President Duterte submitted to Congress a proposed General Appropriations Act for CY 2021 in the total amount of P 3 Trillion. In the course of its deliberations, Congress decided to increase the roads and bridges’ budget from P100 B to P200 B by reducing the proposed budget for the DSWD from P200 B to P 100 B and transferring the amount “slashed” to the budget of DPWH as the implementing agency.
President Duterte complains that Congress should keep his budget items as proposed intact.
Which of the following statements is most correct?
a. The President can insist on its budget proposal to Congress based on the principle of check and balance as it is his sole prerogative to set the budget of the Government.
b. Congress has discretion as to how much “roads and bridges” budget it wants based on the principle of separation of powers as long as the total budget will not exceed P 3 Trillion as proposed by the President.
c. The President and Congress should agree on the budget cuts based on the principle of blending of powers.
d. There is nothing the President can do except sign the final version of the General Appropriations Act.
Congress passed a bill appropriating P50 million in assistance to locally based television stations subject to the condition that the amount would be available only in places where commercial national television stations do not operate. The President approved the appropriation but vetoed the condition.
Was the veto valid?
a. Yes, since the vetoed condition may be separated from the item.
b. Yes, the President's veto power is absolute.
c. No, since the veto amounted to a suppression of the freedom to communicate through television.
d. No, since the approval of the item carried with it the approval of the condition attached to it.
Which of the following characteristics best describe the “question hour” referred to in Section 22 of Article VI of the 1987 Constitution?
I. Attendance is compulsory
II. Attendance is discretionary
III. Its primary purpose is to elicit information that
may be used for legislation.
IV. Its objective is to obtain information in pursuit of
Congress’ oversight function.
a. I and III
b. I and IV
c. II and III
d. II and IV
The regional assembly of the Autonomous Region in Muslim Mindanao passed MMA Act 201 creating the province of Sharif Kabunsuan. Its creation was challenged on constitutional and statutory grounds.
Is the creating of Sharif Kabunsuan valid?
a. Yes, because it is based on delegated powers of Congress.
b. Yes, because ARMM has powers to create a local government unit.
c. No, because only the President can order the creation of a public corporation.
d. No, because only Congress can create a province or city and it would also result in a creation of a district which is essentially a legislative power.
Under this doctrine once a bill passes a legislative body and is signed into law, the courts assume that all rules of procedure in the enactment process were properly followed. That is if a legislative document is authenticated in regular form by the appropriate officials, the court treats that document as properly adopted ______________
Approved bill doctrine
Enrolled bill doctrine
Presumption of constitutionality
