Font size
WorksheetsConsti Law 1 FINALS 2020
Total questions: 90
Worksheet time: 56mins
The ban of nuclear weapons in our country is absolute when consistent with our national interest.
True
False
A Partylist nominee should always belong or come from the sector that the party represents.
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
Exempting the Commission on Audit to regular audit because of conflict of interest is permissible under the present constitution.
True
False
Decisions of the Ombudsman imposing penalties in administrative disciplinary cases are merely recommendatory; hence, its execution depends on the discretion of the head of the agency concerned.
True
False
The sufficiency of the factual basis for the declaration of Martial Law cannot be questioned in Court it being the prerogative of the President to promote public safety; hence, it is in the nature of a political question.
True
False
A law vesting on the Ombudsman the power to handle administrative investigations involving court judges and personnel is valid.
True
False
. A law passed by Congress fixing the passing grade in the Bar Examinations at 70% with no grade below 40% in any subject is constitutional.
True
False
The appointment of the Chief Justice of the Supreme Court is subject to confirmation by the Commission on Appointments.
True
False
Only the Supreme Court can decide cases involving constitutionality of a treaty, law, or ordinance.
True
False
The rules of court promulgated by the Supreme Court may be repealed by Congress when it appears oppressive.
True
False
The Supreme Court as well as the lower courts cannot be re-organized by a law enacted by Congress to ensure judicial independence.
True
False
The power of appointment by the President carries with the power to remove all officials in the executive branch.
True
False
The declaration of a state of rebellion will authorize the President as commander-in-chief to order the PNP and AFP to conduct warrantless arrests and searches to anyone suspected of committing a crime.
True
False
The declaration of National Emergency to suppress lawless violence will entitle the President to promulgate decrees (equivalent to laws) in order to effectively suppress the said lawless violence.
True
False
To have the fullest resolve to discharge his function without fear or favor, a President is barred from seeking re-election and is granted immunity from suit that extends beyond his term.
True
False
In times of national emergencies such as under covid-19, the President can re- align budget allocations and discontinue projects in the GAA in order to pool savings to address the pandemic.
True
False
A decision of the Senate impeachment court convicting Justice Leonen is subject to review of the Supreme Court as a matter of course.
True
False
The jurisdiction of the Supreme Court maybe increased by law.
True
False
The President can remove administratively a Deputy Ombudsman by virtue of the Ombudsman Act and power of control.
True
False
A child born in the United States to a Filipino mother and an American father under the present Constitution is
a) a Filipino citizen by election.
b) a repatriated Filipino citizen.
c) an alien
d) a natural born Filipino citizen.
The employees of Philippine Archipelagic Airlines, a fully owned government airline corporation, decided to protest the management’s decision to outsource most of their jobs. The union leaders conducted a meeting to agree on the best ways to pressure the management and the Government. One of the suggestions presented was to hold a picket at the tarmac starting 8 A.M. the next day in order to stop any airplane from taking off. Another was to simultaneously abandon their posts at exactly 3 PM the next day. A third suggestion was to wear black arm bands and conduct a prayer rally in their gym during lunch break the next day. The last suggestion was to go on a voluntary hunger strike starting lunch the next day and do a planking (lie- down at the grounds) the whole afternoon at the gates of their offices.
Your opinion is sought as counsel of the union as to what action falls within the constitutional limits and civil service rules.
What should be the correct legal opinion?
a) To go ahead with the picket at the tarmac
b) To go ahead with the simultaneous abandonment of posts
c) To go ahead with the wearing of black arm bands and prayer rally in the gym during lunch break
d) To go ahead with hunger strike and planking
Has appellate jurisdiction over decisions of Municipal Trial Courts in election contests involving barangay officials.
a) Regional Trial Courts
b) COMELEC
c) Court of Appeals
d) Supreme Court
The following except one are within the scope of the powers of the Commission on Audit:
a) Government Agencies
b) Government-owned and controlled corporations
c) non-government entities receiving subsidy or equity from the Government
d) constitutional bodies
Republic Act 9337 contains a proviso authorizing the President upon recommendation of the Secretary of Finance to raise the VAT rate from 10% to 12% after any of the two conditions specified in the law has been satisfied. RA 9337 is:
a) CONSTITUTIONAL. The President is granted by the Constitution under Section 28(2), Article VI to fix tariff rates and other imposts subject to such limitations as may be imposed by law; and RA 9337 is such a law.
b.) CONSTITUTIONAL since the two tests for valid delegation is met namely: the completeness and sufficient standard test.
c.) CONSTITUTIONAL since the ascertainment of facts as basis for enactment of legislation is not of itself a legislative function.
d.) A and B
Jose Cruz and 20 others filed a petition with the COMELEC to hold a plebiscite on their petition for initiative to amend the Constitution by shifting to a unicameral parliamentary form of government.
Assuming that the petition has been signed by the required number of registered voters, will it prosper?
a) No, only Congress can exercise the power to amend the Constitution.
b) Yes, the people can substantially amend the Constitution by direct action.
c) Yes, provided Congress concurs in the amendment.
d) No, since they seek, not an amendment, but a revision.
The following except one are exceptions to the general rule that the President must approve entirely or disapprove a bill in toto.
a) Appropriation bill
b) Revenue bill
c) Private bill
d) Tariff bill
Following COMELEC Chairman Bocay's conviction for acts of corruption in the impeachment proceedings, he was indicted for plunder before the Sandiganbayan and found guilty, as charged.
Can he get Presidential pardon on the plunder case?
a) No, plunder is not a pardonable offense.
b) No, conviction in a criminal case for the same acts charged in the impeachment proceedings is not pardonable.
c) Yes, convictions in two different fora for the same acts, are too harsh that they are not beyond the reach of the President’s pardoning power.
d) Yes, conviction in court in a criminal action is subject to the President's pardoning power.
The President may set a limit on the country's import quota in the exercise of his
a) delegated power.
b) concurring power.
c) residual power.
d) inherent power.
It is the refusal of the President to spend funds already allocated by Congress for specific purpose. It is the failure to spend or obligate budget authority of any type.
a. Executive Privilege
b. Executive prerogative
c. Power of budget impoundment
d. Veto power
Under this rule, the acts of the heads of executive departments when performed and promulgated in the regular course of business or unless disapproved or reprobated by the Chief Executive, are presumptively the acts of the Chief Executive.
a. Veto power
b. Doctrine of Qualified Political Agency
c. Ego doctrine
d. Power of Control
A state of martial law:
a. does not suspend the operation of the constitution
b. authorizes the confinement of jurisdiction on military courts
c. may not be questioned by any citizen
d. may be called by the President at any time
Over local government units, the President exercises the power of
a) control
b) general supervision
c) oversight
d) absolute control
In appropriating funds for the modernization of the Armed Forces of the Philippines, Congress placed in the General Appropriation Act of 2020 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.
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.
The following except one are examples of permissible delegation of legislative power.
a) Delegation to the local government units through the Local Government Code (e.g. power to expropriate)
b) Delegation to administrative bodies (e.g. creation of the Regional Tripartite Wage and Productivity Boards)
c) Delegation of emergency powers to the President on certain conditions
d) Delegation of the power to declare the existence of war
. Mr. Caloy is a government employee for 15 years. Currently, he is the Assistant Regional Director of the Department of Trade and Industry-Region 7. The Regional Director retired on August 16, 2019; hence, there is a vacancy.
Due to the exigency of service, Caloy though lacking in CESO eligibility for the position of Regional Director was designated as Officer-in-Charge (OIC) for a period of one year. On October 8, 2019, the Regional Director from NCR was laterally transferred to Region 7 and is appointed as the new regional Director. Mr. Caloy protested because he is appointed for a period of one year and that he should be given the first chance to occupy the position being the next-in-rank.
He consults you as a student of law, what advice do you give?
a. He can insist on the position as he was designated for one year even if on temporary basis only
b. He can insist on the position following the next-in-rank rule and being in the service for a long period already
c. He cannot insist because his designation was temporary and it is a management prerogative to appoint someone else who is qualified
d. He can insist but he has to file a case to demand his right
Which of the following statements pertaining to the three branches of government is valid?
a) A bill passed by Congress can never become a law without the approval of the President of the Republic of the Philippines as in the case of a vetoed bill.
b) The qualifications for the president are to wit: natural-born citizen; registered voter; able to read and write; at least 40 yrs. of age on the day of the election; and a resident of the Philippines for at least 5 yrs. immediately preceding the election.
c) Although intrinsically executive, the appointing power may also be exercised by the legislature and by the judiciary, as well as the Constitutional Commissions, over their own respective personnel.
d) The Supreme Court is a constitutional body, thus, it may be abolished or its membership or the manner of its meetings may be changed by Congress.
Which of the following best exemplifies how the system of checks and balance is carried out:
a) The legislature passes a law that prohibits the president from commuting a judicially imposed sentence, as a check of the president.
b) The President Pardons a convict as a way to set aside or modify a judgment of the judiciary.
c) The judiciary overturns a pardon granted by the President as a check on executions.
d) The President pardons an impeached official.
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.
. A government body created by the present Constitution to be the champion or guardian of the citizens in order to give flesh to the principle that “public office is a public trust and all public officers and employees must at all times be accountable to the people:
a) Commission on Audit
b) Commission on Human Rights
c) Civil Service Commission
d) The Ombudsman
A temporary appointee to a public office who becomes a civil service eligible during his tenure
a) loses his temporary appointment without prejudice to his re-appointment as permanent.
b) has the right to demand conversion of his appointment to permanent.
c) automatically becomes a permanent appointee.
d) retains his temporary appointment.
The Office of the Special Prosecutor may file an information against a public officer for graft
a) on its own initiative subject to withdrawal of the information by the Ombudsman.
b) independently of the Ombudsman, except in plunder cases.
c) only when authorized by the Ombudsman.
d) independently of the Ombudsman.
Which of the following is not a justiciable controversy?
a) A case involving validity of Congress constituting into a constituent assembly.
b) A case questioning the validity of the vote in expelling a member of the Senate.
c) A case questioning whether or not the filing of two impeachment complaints on the same day of the year impeachment against the same official is a violation of the one impeachment per year rule.
d) A case questioning the proposal by the constitutional convention to adopt a system of monarchy in the Philippines after the end of the term of President Duterte.
On March 30, 2022 or 40 days before his term expires, President Duterte is given a list of nominees by the Judicial and Bar Council to fill up the position of two Regional Trial Courts in Cebu which are left vacant. As his Presidential Legal Counsel, he asks your opinion whether or not he can make a valid appointment considering the ban in Section 15, Article VII of the Constitution that states: “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions, when continued vacancies therein will prejudice public service or endanger public safety.”
What is your recommendation?
a. The President should not make the appointment because of the ban as there is no showing that the vacancies will prejudice public service or endanger public safety.
b. The President can make the appointment as the prohibition applies only to an Acting President.
c. The President can make the appointment because he is required make the appointment within 90 days from submission of the list as the ban period does not apply to the members of the judiciary.
d. The President should not make the appointment because these are not “temporary appointments” which fall within the exception.
Every law passed by Congress is constitutional unless it is declared otherwise by the majority of the members of the Supreme Court. This is known as ___________.
a. Presumption of Constitutionality
b. Constitutional supremacy
c. Constitutional law
d. Presumption of regularity
Who among the following is removable by impeachment?
a. A member of the House of Representatives
b. The Secretary of Justice
c. The Chief of the PNP
d. The Ombudsman
Which of the following proposals can be validly passed by Congress?
a) A law fixing the bar exam passing rate at 85% and without multiple choice questions as admission to the bar is a concern of Congress as it involves public interest.
b) A law vesting on the Ombudsman the power to handle administrative investigations involving court judges and personnel.
c) A law creating a special Court to handle exclusively cases involving cyber bullying and cyber-crimes.
d) A law amending the current Rules of Court
A constitutional convention was formed to draft a new constitution. The proposed new constitution is intended to be submitted to the people for ratification in the year 2019 when elections for local and certain national positions will be held. A petition to move the plebiscite for the ratification of the proposed constitution was filed before the Supreme Court.
Will the petition prosper?
a) No, because the holding of a plebiscite is a political question and, therefore; beyond judicial scrutiny.
b) Yes, because the holding of a plebiscite is subject to judicial review in matters of timing and propriety of schedule.
c) No, because it is the COMELEC, not the Supreme Court, that has jurisdiction over matters affecting the holding of the plebiscite.
d) Yes, because all matters affecting the proposal and ratification stages of changing the constitution are subject to judicial review.
The Office of the Ombudsman issued a suspension order for the alleged misconduct of Congressman Manuba when he was caught selling smuggled items like jewelries and perfumes. Congressman Manuba contested the suspension order alleging that it is not within the power of the Ombudsman.
Is the Congressman’s contention correct?
a) Yes, he is correct because due process is a right of every individual
b) No, he is wrong because the Ombudsman has the power to suspend all elected and appointed officials of the government
c) Yes, the contention is correct because the Ombudsman cannot suspend a member of Congress
d) No, the contention is wrong because the case involves a government official charged with misconduct, thus, the Ombudsman has the power to suspend him
Representative Lito Lagascon has been charged with murder which carries a penalty of reclusion perpetua which means imprisonment of 20 years and 1 day to forty years. When the court issued the warrant for his arrest he refused to be arrested contending, among others, that he enjoys parliamentary immunity, thus he cannot be arrested while Congress is in session.
Is he correct?
a. Yes, he is correct because every member of Congress enjoys parliamentary immunity
b. Yes, because his arrest and detention will deprive his constituents of their representation in Congress
c. No, because he did not file a motion to quash the warrant of arrest
d. No, because the privilege from arrest does not apply when the penalty for the offense charged is more than six years imprisonment
One of these is not a power of the COMELEC.
a) Enforce and administer all laws relative to the conduct of an election, plebiscite, initiative, referendum and recall
b) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places
c) Grant pardon or parole to those convicted for violation of election laws
d) Decide on pre-proclamation controversies
When the State itself commences litigation, thus opening itself to a counter-claim, or when it enters into a contract it gives ___________ to be sued.
a. Implied consent
b. Express consent
c. Valid consent
d. Tacit consent
A judge of the Regional Trial Court derives his powers and duties from
a) statute/law.
b) the President, the appointing power.
c) Supreme Court issuances.
d) the rules of court.
The following except one are the non-legislative powers granted to Congress by the present Constitution.
a) Power to judge the President’s fitness under certain circumstances
b) Power to act as Board of Canvassers in election of President and Vice-President
c) Power to concur treaties
d) Power to amend the on-line libel provision of the new cybercrime law.
After the celebration of Lagtang city’s founding anniversary, the mayor decided to help those who attended the affair in the plaza to return to their homes immediately as it was raining very hard. For lack of personnel, he decided to drive one of the city’s dump trucks. Unfortunately, the dump truck he was driving collided with a tricycle causing it to fall on a cliff. The mayor survived but all the passengers died. As reported in the newspapers, the families of the victims executed affidavits of desistance; thus, no formal complaint was filed against the mayor.
However, the Office of the Ombudsman decided to conduct an investigation on its own initiative. The counsel for the mayor objected as the Ombudsman allegedly went beyond its power by going into a witch hunt.
Is the objection valid?
a. Yes, because the there was no formal complaint filed against the mayor.
b. Yes, because the while Ombudsman has the power to prosecute, it has no power to investigate
c. No, because the Ombudsman has the power to investigate on its own even if based initially from news reports
d. Yes, because the mayor did not commit a crime as he was only doing his job to assist his constituents.
Lito Gonzales was born as an illegitimate child of Lucio Gonzales and Cathy Miller on May 8, 1930. Lucio Gonzales was born in the Philippines on June 12, 1898 to Spanish parents who settled in Cebu in 1890. Cathy Miller was an American. No record exists if Lito has taken an oath of allegiance to the Philippines when he turned 18 years old. Lito Gonzales intends to run for Senator of the Republic of the Philippines in the coming elections in May 2022.
Is he qualified to run?
a) No, being an illegitimate child, he follows the citizenship of his mother; hence, he is an American
b) No, considering that one of his parents was an American, he should have elected Filipino citizenship at the age of 18
c) Yes, considering that his father was a Filipino by virtue of “en masse Felipinization” under the Philippine Bill of 1902, he is, therefore, a Filipino even if an illegitimate child
d) Yes, he is a Filipino considering he is born in the Philippines applying the jus loci principle.
One of these is not a power of the COMELEC
a) Enforce and administer all laws relative to the conduct of an election, plebiscite, initiative, referendum and recall
b) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places
c) Grant pardon or parole to those convicted for violation of election laws
d) Decide on pre-proclamation controversies
Which of these require requires the Courts to clearly and distinctly discuss the facts and law on which it is based.
a) Resolutions in petitions for review
b) Resolutions of Motion for Reconsideration
c) Decisions
d) Minute Resolutions of the Supreme Court
Despite the lapse of four (4) months from the time that the trial was terminated and the case submitted for decision, the regional trial court failed to decide the case. The defense counsel moved to dismiss the case on the ground that after the lapse of 90 days, the court had lost jurisdiction to decide the case.
Should the motion be granted?
a) Yes, as it is violation of the constitutional right of the accused for speedy trial.
b) Yes, as the Court is divested of jurisdiction to decide the case because of the delay.
c) No, as the Court must still resolve the case on the merits without further delay but the judge may be subjected to an administrative liability.
d) No, the time frame is only directory; hence, the court is not bound by it.
Courts may still decide cases that have otherwise become academic when they involve
a) paramount public interest.
b) petitions for habeas corpus.
c) acts of the Chief Executive.
d) Presidential election protests.
What is the effect if a law is declared partially unconstitutional?
a) it confers no rights and obligations
b) the remaining portions remain valid if it can stand independently and intended as such as provided for in the separability clause
c) the rest of the provisions cannot be enforced as well
d) the law is considered erased in the statute books
May an incumbent Justice of the Supreme Court be disbarred as a lawyer?
a) No, it will amount to removal.
b) No, his membership in the bar is secure.
c) Yes, by the Supreme Court itself.
d) Yes, by Congress in joint session.
A law is passed exempting GSIS from payment of legal fees. Is the law constitutional?
a) Yes, Congress has plenary powers hence it can grant exemption to any entity.
b) Yes, it is a legitimate exercise of the power of Congress to supplement the rules promulgated by the Supreme Court.
c) No, because any exemption from payment of legal fees granted by Congress to GOCCs will necessarily reduce the Judiciary Development Fund thus eroding the Judiciary’s fiscal autonomy
d) Yes, because GSIS is an instrumentality of the Government.
The Judiciary shall enjoy fiscal autonomy which means that:
a) Judiciary is not subject to audit by the Commission on Audit
b) Judiciary has discretion to spend its funds even if it is not in accordance with its budget allocation as approved by Congress
c) Judiciary should be free from outside control in the disbursement of their budget allocation as approved by Congress
d) The proposed annual budget of the Judiciary cannot be reduced by Congress
Actual controversy in legal contemplation of law means:
a) there is a potential conflict of claims of demandable rights
b) real and substantial conflict of claims of demandable rights
c) adverse opinions on a particular demandable rights
d) hypothetical issues which can ripen into conflict of claims of positions
Courts may dismiss a case on ground of mootness when
a) the case is premature.
b) petitioner lacks legal standing.
c) the questioned law has been repealed.
d) the issue of validity of law was not timely raised.
The President wants to appoint A to the vacant post of Associate Justice of the Supreme Court because of his qualifications, competence, honesty, and efficiency. But A’s name is not on the list of nominees that the Judicial and Bar Council (JBC) submitted to the President.
What should the President do?
a) Request the JBC to consider adding A to the list.
b) Decline to appoint from the list.
c) Appoint from the list.
d) Return the list to JBC.
A petition was filed questioning the constitutionality of President X’s appointment of certain officials while Congress is in session. Who among the following has a standing to sue?
a) Members of Congress
b) Members of the Senate only
c) The Commission on Appointments
d) Any governmental official
The following except one are Constitutional safeguards on the exercise of the power of the President to proclaim martial law.
a. There must be actual invasion or rebellion and public safety requires it
b. The president must report to Congress within 48 hours
c. The duration of the proclamation shall not exceed 60 days
d. Automatic review of the Supreme Court within a period of 30 days
Recently, House Speaker Lord Allan Velasco and Senate President Tito Sotto agreed in a meeting to proceed with the plan to amend the economic provisions of the 1987 Constitution by constituting Congress as a Constituent Assembly. A joint session of both Houses is planned on January 15, 2021. Ms Char, a graduating student of USJR School of Law, filed a petition before the Supreme Court so that the issue of the manner of voting, whether jointly or separately, in constituting a Constituent Assembly is settled once and for all.
Will this case prosper?
a) Yes, because she is a taxpayer
b) Yes, because she is raising a constitutional issue
c) No, because there is no actual case or controversy to settle as the joint session and the manner of voting is yet to happen.
d) a) No, because she is not a proper party to the case being only a graduating law student and not a lawyer
Congress passed a law prohibiting those being charged in court of cyber pornography to avail of plea bargaining. Is it constitutional?
a) Yes, as part of the plenary power of Congress
b) Yes, because Congress can prescribe in the Rules those who can avail of plea bargaining.
c) No, because it is violation of the exclusive rule-making power of the Supreme Court.
d) None of the above.
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.
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.
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
. 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
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.
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.
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
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.
Mr. X is the principal of Urot National High School. He was convicted of the crime of sexual harassment involving a minor student. He is subsequently granted an absolute pardon by the President even without finishing the minimum period of his sentence.
What is the effect?
a. Mr. X will be automatically re-instated to his former job as principal because absolute pardon erases all the accessory penalties like disqualification in government service.
b. Mr. X cannot be re-instated to his former job as principal because the absolute pardon granted was invalid as he had not fully served the minimum period of his sentence.
c. Mr. X cannot be automatically re-instated to his former job as principal, but, is qualified to apply again in Government service as the absolute pardon erases the consequences of his criminal act but not the crime itself and the tarnished reputation.
d. Mr. X cannot be re-instated to his former job as principal because it is a truism that ex-convicts can never be trusted again.
A dispute between Mr. “Santos” and “Mr. Ginoo” involving claims of foreshore lease application was decided by the DENR Secretary in favor of the latter. Can the President still change or alter the decision?
a. No, as the alter ego of the President, the DENR Secretary was actually acting for the President.
b. No, as the decision of the Secretary is the decision of the President under the concept of qualified political agency doctrine.
c. Yes, the President as Head of the Executive Branch has the power of control which means that he can alter the decision of his Secretaries or substitute his own judgment.
d. Yes, the President exercises supervisory powers over all the members of the Executive Branch.
President Dagum issued E.O. No. 284 which reads in part: “Section 1. Even if allowed by law or by ordinary functions of his position, a member of the Cabinet, undersecretary or other appointive officials of the Executive Department may, in addition to his primary position, hold not more than two positions in the government and government corporations xxx”.
Is it valid?
a. Yes, a public official maybe appointed to another public office if allowed by law per Article IX-B, Section 7 of the Constitution
b. No, because a public official may not appointed to another position unless by reason of his office
c. Yes, because it is part of Executive Power of the President to make appointments according to his prerogative
d. No, because members of Cabinet, their undersecretaries and assistants may only be allowed to occupy another public position when expressly authorized by the Constitution itself per Article VII, Section 13.
The President issued Proclamation 9517 declaring a state of emergency and calling the armed forces to immediately carry out necessary measures to suppress terrorism and lawless violence. In the same proclamation, he directed the government's temporary takeover of the operations of all privately owned communication utilities, prescribing reasonable terms for the takeover.
Is the takeover valid?
a) Yes, it is an implied power flowing from the President's exercise of emergency power.
b) No, it is a power reserved for Congress to authorize.
c) Yes, subject to ratification by Congress.
d) No, it is a power exclusively reserved for the People's direct action.
When the President orders the Chief of the Philippine National Police to suspend the issuance of permits to carry firearms outside the residence, the President exercises
a) the power of control.
b) the Commander-in-Chief power.
c) the power of supervision.
d) the calling out power.
During his incumbency, President Dagum shot to death one of his advisers during a heated argument over a common a lover. The deceased adviser’s family filed a case of homicide against President Dagum before the city prosecutor’s office. He moved to dismiss the case, invoking presidential immunity from suit.
Should the case be dismissed?
a) Yes, his immunity covers his interactions with his official family, including the deceased adviser.
b) No, his immunity covers only work-related crimes.
c) Yes, his immunity holds for the whole duration of his tenure.
d) No, his immunity does not cover crimes involving moral turpitude.
The President's appointment of an acting secretary although Congress is in session is
a) voidable.
b) valid.
c) invalid.
d) unenforceable.
The President forged an executive agreement with Vietnam for a year supply of animal feeds to the Philippines not to exceed 40,000 tons. The Association of Animal Feed Sellers of the Philippines questioned the executive agreement for being contrary to R.A. 462 which prohibits the importation of animal feeds from Asian countries.
Is the challenge correct?
a) Yes, the executive agreement is contrary to our existing domestic law.
b) No, the President is the sole organ of the government in external relations and all his actions as such form part of the law of the land.
c) No, international agreements are sui generis which must stand independently of our domestic laws.
d) Yes, the executive agreement is actually a treaty which does not take effect without ratification by the Senate.
The Chief Justice appointed X, the President’s sister, as Assistant Court Administrator in the Supreme Court during the President's tenure. Claiming that the Constitution prohibits the appointment in government of a President’s relative, a taxpayer asks for its nullification.
Will the challenge prosper?
a) Yes, since the appointment essentially violates the law against nepotism.
b) Yes, because relatives of the President within the fourth civil degree cannot be appointed as heads of offices in any department of government.
c) No, X's appointment, although in the government, is not in the Executive Department that the President heads.
d) No, the position to which X was appointed is not among those prohibited under the Constitution.
BONUS
YES
NO
