WorksheetsConsti Law 2 (2nd SEM SY 2021-2022)FINALS
Total questions: 50
Worksheet time: 32mins
Which of the rights available to a person under custodial investigation that cannot be waived?
a.) right to remain silent.
b.) right to competent counsel
c.) right to independent counsel preferably of his own choice
d) right to be informed of his right to remain silent and to counsel
Mr. X robbed a bank. It was difficult to recognize him because he covered his face at the time he took the money from the cahier named Angel. During trial, the State compelled Mr. X to give a sample of his voice by asking him to shout the words, “Dapa, dapa, papatayin ko kayo!” while Angel was testifying. The purpose is for the witness to determine if it is the same peculiar voice that she heard from the man who shouted at her those same “words” when the crime took place.
The counsel for Mr. X objected. He claims that this violates his right against self-incrimination. Is counsel for Mr. X correct?
a.) Yes, because it tends to elicit a fact which may link the accused to the commission of the crime.
b.) Yes, because it would have a probability to incriminate the accused to the commission of the crime.
c.) No, because the right against self-incrimination applies only to testimonial compulsion.
d.) No, because the right against self-incrimination extends only a witness who is subpoenaed by the court to testify on behalf of the accused.
A PCSO collection manager is a suspect, among others for some irregularities involving unremitted collections. Upon investigation by PCSO, said collection manager admitted that he used the p100,000.00 out of the collections due to serious financial need brought about by the express of his bedridden wife and that he is willing to pay and settle the same. He signed a statement containing said admissions. Subsequently, a case of estafa was filed against him. The public prosecutor presented the statement signed by the accused as evidence. Atty. Bright, defense counsel, objected to the admission of the said statement on the ground that it was taken without the benefit of counsel of counsel and, therefore, inadmissible.
Is Atty. Bright correct?
a) Yes, because the accused was not assisted with counsel when he signed said statement containing his admission.
b) Yes, because the accused cannot be compelled to be a witness against himself.
c) No, because the accused was not entitled to the rights mentioned in Section 12, article III
d) No, because the accused was not under custodial investigation at the time he gave his statement containing said admission.
After the arrest of the suspect in possession of marijuana, he was immediately made to sign and thumbmark the bond paper which the police officers used to wrap the marijuana found in his possession by way of acknowledgment that it was taken from him. What constitutional right of the accused was violated?
a) Right to be assisted with counsel
b) Right against self incrimination.
c) Right to due process.
d) Right to confrontation
It is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with a violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. It also covers extralegal killings and enforced disappearances or threats thereof.
a.) Writ of Kalikasan
b.) Writ of Habeas Data
c.) Writ of Habeas Corpus
d.) Writ of Amparo
A law was passed declaring members of Ledlid Party-List as promoting immoral doctrines and exhibitions under the Revised Penal Code for publicly expounding doctrines that are contrary to public morals such same sex marriage, among others, and said law subjects them to punishment. Is the law valid?
a) It is not valid because it is an expost-facto law.
b) It is not valid because it is a bill of attainder.
c) It is not valid because it violates due process of law.
d) It is not valid because it violates separation of powers.
Which of the following laws is considered an ex-post facto law when applied retroactively?
a) A law changing the punishment from fine to imprisonment.
b) A law extending the prescriptive period of the crime.
c) A law increasing the age of offenders who can avail of suspended sentence.
d) A law suspending a public officer against whom information is pending at any stage.
Which of the following laws impairs the obligation of contract clause?
a) Law canceling a government franchise issued in favor of a telecom corporation for reasons of public welfare.
b) Law revoking a timber license granted in favor of a person due to flash floods caused by logging operations.
c) Law repealing the tax exemption granted to a corporation for a valuable consideration.
d) Law authorizing the taking of a water company’s contract with which a municipality had contracted with a provision for payment of just compensation.
Which imprisonment violates the right against imprisonment for debt?
a) Subsidiary imprisonment for non-payment of fines imposed as punishment in a criminal prosecution.
b) Imprisonment for enforcing payment of a check that was dishonored under B.P 22.
c) Imprisonment for non-payment of civil damages arising from an award in a criminal action.
d) Imprisonment for conviction for non-payment of income tax
It is considered as the basis of proof beyond reasonable doubt.
a) Absolute certainty
b) Reasonable suspicion
c) Equiponderance
d) Moral certainty
Due process is satisfied if the accused is informed as to why he is proceeded against and what charge he shall meet with his conviction being made to rest on evidence that is not tainted with falsity after full opportunity for him to rebut it and the sentence being applied in accordance with a valid law.
a) Procedural due process of law
b) Presumption of innocence
c) Criminal due process
d) Right to be informed
All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or be released on recognizance except:
a) Before conviction by the Metropolitan Trial Court, Municipal trials Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court
b) After conviction by the Metropolitan Trial Court Municipal Trial Court, Municipal Trial Court in cities, or Municipal Circuit Trial Court
c) Before conviction by the Regional trial court of an offense punishable by death, reclusion perpetua, or life imprisonment and when the evidence of guild is strong
d) There is undue risk that he may commit another crime during the pendency of the appeal
Y is accused before the RTC. After several unreasonable postponements against the wishes of the accused, he moves for dismissal based on the ground violation of his right to speedy trial. The Motion is granted. May the case be refilled?
a) Yes, jeopardy did not attach because the dismissal of the case was with the consent of the accused.
b) Yes, because the accused waived the defense of double jeopardy when he moved to dismiss the case.
c) No, because the reinstatement of the case will subject the accused to double jeopardy.
d) No, because the dismissal of the case for denial of the right to a speedy trial amounts to acquittal.
Where the accused charged with rape, may he be convicted for statutory rape if age of the victim was not included in the information?
a.) Yes, as long as the prosecution can prove it during the trial on the merits.
b. ) Yes, because what matters is that the prosecution has adduced evidence to establish the fact.
c.) No, because the accused has the right to be informed of the accusation against him.
d.) No, because the accused has the right to confront the prosecution witnesses against him.
Professor X invited his law students to a beach party. After taking some beers, one of his students was tipsy and asked Prof. X to bring her to his room. Taking advantage of the situation, the professor started to make sexual advances. But, before he could complete his lewd design and have carnal knowledge, he decided to stop and allowed the student to sleep. Upon waking up, the student thought she was raped; thus, she filed an administrative case for disbarment based on gross misconduct and a complaint for attempted rape at the City Prosecutor’s Office Lapu-lapu.
Due to his explanation, the disbarment case did not prosper. But, the Office of the City Prosecutor filed a case of attempted rape against Prof. X. Can Prof. X invoke double jeopardy?
a) Yes, because the criminal complaint for attempted rape arose from the same incident wherein the disbarment complaint has already been dismissed.
b) Yes, because the facts alleged in the criminal complaint for attempted rape are similar to the facts alleged in the disbarment complaint.
c) No, because the complaint for attempted rape being a criminal case and the disbarment being an administrative case.
d) No, because although they are based on the same incident, the disbarment complaint is not similar to the criminal complaint for attempted rape.
Upon arraignment, the accused pleaded not guilty to the charge of serious physical injuries. A month thereafter, the victim died. Hence, the public prosecutor moved for the amendment of the Information in order to charge the accused with the crime of homicide. The accused objected on the ground that he had been put in jeopardy of being convicted of the crime of serious physical injuries; and that another prosecution for homicide for the same act under an amended Information would constitute double jeopardy.
If you were the judge, how would you resolve the objection of the accused?
a) I will sustain the objection of the accused because to amend the Information for homicide will put him in jeopardy of being prosecuted for an offense which necessarily includes the crime of serious physical injuries.
b) I will sustain the objection of the accused because the crime of serious physical injuries is necessarily included in the crime of homicide.
c) I will over rule the objection of the accused because there was no double jeopardy as his plea was only with respect to the charge of physical injuries and not with respect to the crime of homicide.
d) I will over rule the objection of the accused because of the “Rule on Supervening Facts” applies.
For purposes of disqualification in an election, Section 4 of BP 52 provides that the filing of charges for the commission of such crimes before a civil court or military tribunal after preliminary investigation shall be prima facie evidence of such disqualification. What right of the accused is violated by said law?
a) The right to be presumed innocent until the contrary is proved.
b) The right to be heard by himself and counsel.
c) The right to be informed of the nature and cause of the accusation against him.
d) The right to meet the witnesses face to face.
The accused was charged in two separate Informations with Murder and Violation of the Anti-Carnapping Act. The trial court convicted him of robbery with homicide. What right of the accused was violated?
a) The right to due process.
b) The right to be informed of the nature and the cause of the accusation against him.
c) The right to be heard.
d) The right to be presumed innocent until the contrary is proved.
The trial court admitted in evidence the affidavit of a witness who was not produced in court. What right of the accused was violated?
a) The right to compulsory process.
b) The right to confront or cross-examine the witness.
c) The right to be heard.
d) The right to be informed of the accusation.
Before what proceedings may a person invoke the right to speedy disposition of their cases?
a) All judicial, quasi-judicial or administrative bodies.
b) All, judicial, quasi-judicial or executive bodies.
c) All judicial, legislative proceedings and quasi-judicial bodies.
d) All judicial, quasi-legislative and administrative bodies.
When is an accused considered to be placed in double jeopardy for the same offense?
a) A provisional dismissal of the case with the consent of the accused.
b) A dismissal of the case with the consent of the accused.
c) A reinstatement of the accused of a case after having been discharged as a state witness.
d) A dismissal of the case upon motion by the accused for want of jurisdiction.
It is a compulsory process to secure not only the attendance of witnesses but also the production of evidence-
a) Subpoena ad testificandum
b) Subpoena duces tecum
c) Subpoena ad testificandum and duces tecum
d) Bench warrant of Arrest for contempt
It is the immediate determination of the legality of the deprivation of physical liberty-
a) Writ of habeas corpus
b) Writ of amparo
c) Privilege of the writ of habeas corpus
d) Privilege of the writ of amparo
When an accused appeals a conviction, may the appellate court impose on him a penalty higher than that imposed in the decision appealed by him?
a) Yes, because he is deemed to have waived his right to the plea of double jeopardy.
b) Yes, because the appeal virtually opens the case for a new trial.
c) No, because it would violate his right against double jeopardy.
d) No, because it would violate his right against imposition of cruel and unusual punishment.
When is involuntary servitude permissible?
a) If a citizen is mandated to defend the State even against his will.
b) If a worker is required to render service until his contract is terminated.
c) If a house helper is compelled to work until she pays her unpaid obligation.
d) If a retired stenographer is ordered under contempt of court to transcribe her un-transcribed stenographic notes.
Gabby was facing criminal charges in Hong Kong. A request for his extradition was made pursuant to the Extradition Treaty between the Philippines and HK. He had already been detained for over 2 years pending resolution when he was granted bail. The Government of Hong Kong questioned the grant of bail. Is the right to bail proper?
a) Yes. Extradition, although not a criminal proceeding still involves the deprivation of liberty.
b) Yes. The innocence and guilt of Gabby is still an issue.
c) No. The Supreme Court limited the exercise of the right to bail to criminal proceedings only.
d) No. The grant of bail is discretionary and can only be determined by judicial findings.
After the arrest of Mr. X who is charged with murder, he was subjected to paraffin test. He claims that this violates his right against self-incrimination. Is Mr. X correct?
a) Yes, because the paraffin test tends to elicit a fact which may link the accused to the commission of the crime.
b) Yes, because the paraffin test would have a probability to incriminate the accused to the commission of the crime.
c) No, because the right against self-incrimination applies only to testimonial compulsion and not when the body of the accused is subjected to examination.
d) No, because the right against self-incrimination extends only a witness who is subpoenaed by the court to testify on behalf of the accused.
In the investigation of a crime of forgery, the City Prosecutor orders the person who is being investigated to take dictation in his own handwriting, without the aid of counsel, for the purpose of comparison to documents supposed to be falsified. What right of the accused is violated?
a) The right to be presumed innocent.
b) The right against self-incrimination.
c) The right to be heard by himself and counsel.
d) The right of confrontation.
A, B, C, D and E, who are members of Judas gang, were invited to the police station. The police wanted to know of the circumstances of a crime (murder) that happened a day before in their barangay. All of them voluntarily appeared. Upon arrival at the station and before the questioning could start, the mother of the victim who was already there suddenly went wild and pointed to Mr. E as the one who shot her daughter.
The police proposed a police line-up so the identification can be done formally. Mr. E objected and told the police that he be excused to be in a police line- up until his lawyer Atty. X arrives.
Is Mr. E entitled to the right to counsel at that stage?
a) Yes, because custodial investigation has already commenced.
b) Yes, because the right to counsel is one of E’s custodial rights.
c) No, because police line- up is not equivalent to custodial investigation
d) No, because the right to counsel can be waived.
Supposing after the identification, Mr. E was requested to have a reenactment of how the crime was committed. Is he entitled to the assistance of a lawyer?
a) Yes, because the reenactment amounts to disclosure of incriminatory facts.
b) Yes, because the reenactment is not merely a mechanical act.
c) No, because the reenactment merely requires the suspect to exhibit some physical characteristics.
d) No, because the reenactment does not speak of the guilt of the suspect.
What is covered by the guarantee against self-incrimination?
a) Object evidence
b) Testimonial compulsion
c) Mechanical acts
d) Body in evidence
Who can claim the protection against self-incrimination?
a) A corporate officer who is asked to produce books and papers of the corporation in his custody which will implicate the corporation for violation of Corporation Code.
b) A witness in a legislative inquiry who is asked during the actual committee hearing on matters relative to a pending case against him in court.
c) A public officer who is asked to produce public records in his custody which may implicate him to a pending criminal case.
d) A witness for the accused, Mr. X, who is issued a sub-poena by the Court to testify
The reinstatement of an accused in the criminal case after being discharged as a state witness violates his constitutional right against
a) Self-incrimination
b) Double jeopardy
c) Bill of attainder
d) Expost facto law
In which of the following situations can the rights in a custodial investigation be validly invoked?
a) Verbal confession before a radio anchorman
b) Administrative investigations conducted by BIR
c) Execution of a last will and testament of a prisoner
d) During an urge to solicit admission from a suspect in a police line up
Mr. X was arrested without warrant of arrest on suspicion that he robbed the city treasurer’s office hours earlier. He invoked his right to counsel but could not afford the same so the police offered him several choices. Who can assist Mr. X under the concept of competent and independent counsel?
a) The City Attorney who was no. 1 in the bar exam 20 years ago
b) The barangay captain of his place who is a professor of Constitutional Law at USJR-Law for 10 years
c) The Legal Division Chief of the PNP Regional Office who is recently awarded the most outstanding Legal Division Chief of the Philippines
d) A lawyer at the Public Attorney’s Office who failed thrice in the bar exams.
Which regulates only the conduct associated with speech, such as the time, place and manner?
a) Content based regulation
b) Content neutral regulation
c) Content biased regulation
d) Content nonpartisan regulation
Under this rule, the substantive evil must be extremely serious and the degree of imminence extremely high before the utterance can be punished.
a) Clear and Present Danger Rule
b) Compelling State Interest Rule
c) Dangerous Tendency Rule
d) Balancing of Interest Rule
It means the highest degree of restraint that the military, police and other peacekeeping authorities shall observe during a public assembly or in the dispersal of the same.
a.) Calibrated preemptive response
b.) Peaceful dispersal
c.) Maximum restraint
d.) Maximum tolerance
No Local Government permit shall be required if the public assembly shall be done or held in _____________
a.) Fuente Osmena park
b.) SRP Road
c.) UP Cebu campus
d.) Mactan bridge
A judge allowed access to docket books 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 books 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.
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
A private drug rehabilitation facility detained a patient for failure to pay his hospital bills. What remedy may the patient take to protect his liberty?
a) Apply for a writ of habeas corpus
b) Apply for a writ of mandamus
c) Apply for a writ of amparo
d) Apply for a writ of habeas data
Crack officers of the Philippine Drugs Enforcement Agency (PDEA) were assigned on surveillance of the environs of a cemetery where the sale and use of dangerous drugs are rampant. A man with reddish and glassy eyes was walking unsteadily moving towards them but veered away when he sensed the presence of the PDEA agents.
The agents approached him, introduced themselves as police officers and asked him what he had clenched in his hand. As he kept mum, the agents forced his hand open and found sachet of shabu, a dangerous drugs. Accordingly charged in court, the accused objected to the admission in evidence of the dangerous drug because it was the result of an illegal search and seizure. Rule on the objection if you are the Judge.
a) The shabu is inadmissible as evidence as the consent to the search was not freely given considering that it was obtained under intimidating circumstances and, the mere silence of the accused did not mean a waiver of his right
b) The shabu is inadmissible as evidence because the officers of PDEA had no warrant to search the person of the man which is a requirement for every search.
c) The shabu is admissible because the limited search on the person of the man was akin to a stop and frisks which is allowable.
d) The shabu is admissible in evidence because it was easily seen in the hand thus falling within the plain view doctrine
A new law authorizing the public prosecutors to commence prosecution for adultery without the complaint of the private offended party (spouse) in connection with acts committed at a time when adultery would be prosecuted only upon the complaint of the offended party. Is the law constitutional?
a) Yes, because the law is not prejudicial to the accused.
b) Yes, because the law does not inflict punishment without judicial trial.
c) No, because the law is a bill of attainder.
d) No, because the law2 is an expost-facto law.
Which government policy violates the right to association?
a) Ban government employees to join a union.
b) Prohibit managerial employees from joining labor organizations of rank and file.
c) Prohibit political party to represent any candidate in the barangay elections.
d) Compel lawyers to join the Integrated Bar of the Philippines.
BP 22 otherwise known as the Anti-Bouncing Law has been questioned as violative of the right against non-imprisonment for non-payments of debts. Is the contention valid?
a) Yes, because BP 22 is a device to coerce payment for a debt under the threat of penal sanctions.
b) Yes, because BP 22 punishes the debtor should he fail to fund the check he issued as payment of his debt.
c) No, because what BP 22 punishes is the issuance of a worthless check and not the non-payment of a debt.
d) No, because BP was enacted in the exercise of its police power.
Which of the following situations violate the constitutional provision prohibiting the impairment of contracts?
a.) A moratorium clause which provides that the payment of war sufferer’s obligation cannot be enforced after 8 years of the settlement of his claims by the Philippine War Commission and without interest
b.) A value added tax of 10% was imposed on sales and leases of real estates
c.) A law pre-terminating existing mining agreements and converting them into production-sharing agreements
d.) Adjustment of the minimum wage by Order of the Regional Tripartite Wage and Productivity Board
Under the doctrine of “relative constitutionality”, a statute valid at one time may become void at another time because of altered circumstances which in its application will result in unfairness and arbitrariness. Under what basis can you subsequently attack this statute?
a) Violation of the equal protection clause
b) Violation of the procedural due process clause
c) Void for vagueness rule
d) Violation of presumption of constitutionality
Mr. B received a letter from Mr. C, an accused. Mr. B produced the said letter and identified the same during the trial of the case of Mr. C. Is the said letter produced by Mr. B admissible in evidence?
a. Yes, because the letter was not a product of an unlawful invasion to privacy nor of an unlawful search.
b. Yes, because the letter become part of the prosecution’s evidence.
c. No, because the production of the letter was a violation of Mr. C’s to privacy of communication and correspondence.
d. No, because the letter was the fruit of a “poisonous tree”.
Nene was promised an overseas job since a year ago by a certain Mr. Coy who pretended to be a marketing agent of a recruitment agency based in Dubai. After parting with her hard earned savings and still got no concrete job offer, Nene decided to lodge a complaint at the NBI-7 Office. An entrapment operation was set up at a restaurant in Cebu City.
After the entrapment was successfully executed on Mr. Coy which led to his warrantless arrest, the latter volunteered to bring the NBI team to the house of his alleged local boss in Lau-lapu City. The NBI team proceeded immediately with Mr. Coy acting as the informer. Upon reaching the entrance of a subdivision, Mr. Coy pointed to a car parked fronting Unit No. 3, Block 1. He further claimed that the man inside it was his local boss. Immediately, the NBI team swooped down on the vehicle and arrested the man being referred to. Was the arrest of Mr. Coy and his local boss valid?
a) It was valid for both Mr. Coy and local boss under the concept of “caught in flagrante delicto”.
b) It was invalid for both Mr. Coy and his “local boss” as the NBI team had sufficient time to supposedly secure a warrant.
c) It was valid for Mr. Coy under the concept of “caught in flagante delicto” and valid for his “local boss” under the concept of “hot pursuit”.
d) It was valid for Mr. Coy under the concept of “caught in flagante delicto” but invalid as to the local boss as the latter was not committing a crime at the time of arrest and neither the NBI Team had personal knowledge of facts or circumstances as bases of probable cause to believe that he had just committed a crime.
