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WorksheetsPreliminary Examination ELS EAP 412
Total questions: 16
Worksheet time: 9mins
This is used as a guide in ascertaining legislative intent when the language of the act does not clearly express its purpose.
Title of the statute
Preamble
Enacting Clause
Separability Clause
In case of discrepancy or conflict between the basic law and the regulations issued to implement it,
the latter prevails over the former
the former prevails over the latter
neither prevails
both prevails
This is the smallest legislative body.
Sangguniang barangay
Senate
Sangguniang bayan
Lupong tagapamayapa
To declare a law unconstitutional, the repugnancy of the law to the Constitution must be
presumed and admitted
clear and unequivocal
void and vague
present danger rule
Trial courts have jurisdiction to initially decide the issue of constitutionality of a law in appropriate cases.
False
True
For a taxpayers suit to prosper the following should be established, except:
It should be established that public funds have been disbursed in alleged contravention of the law or the constitution, or in preventing the illegal expenditure of money raised by taxation.
He will sustain a direct injury as a result of the enforcement of the questioned statute.
He has suffered some actual or threatened injury as a result of the allegedly illegal conduct of government.
The Supreme Court may take cognizance of a suit does not satisfy the requirements of legal standing; the Court has adopted a liberal attitude on the locus stand of a petitioner where the petitioner is able to craft an issue of - - to the people or paramount importance to the public.
Transcendental significance
Taxpayers suit
Locus standi
Incidental importance
The question of validity of constitutionality of a law may be raised in criminal cases --
where it appears clearly that a determination of the question is necessary.
at any stage of the proceedings.
in a motion for reconsideration or new trial.
when there is no involvement of the counsel.
A statute may be declared unconstitutional in the following circumstances, except:
it is not within legislative power to enact.
or it creates or establishes methods or forms that infringe constitutional principles.
it's purpose or effect violates the constitution.
it is not within the executive power to enact.
An unconstitutional law confers no right, is not a law, imposes no duties, affords no protection; in legal contemplation, it is inoperative, as if it had not been passed.
Orthodox view
Modern view
Conservative view
none of the choices
The court in passing upon the question of constitutionality does not annul or repeal the statute if it is unconstitutional, it refuses to recognize it and determines the rights of the parties just as if the statute had no existence. It does not repeal, supersede, revoke, or annul the statute. The parties to the suit are concluded by the judgment, but no one else is bound.
Modern view
Contemporary view
Orthodox view
Permissive view
Laws shall take effect after -- days following the completion of their publication in the Official Gazette, unless it is otherwise provided.
fifteen
fifty
five
thirty
The requirement of publication as a condition for the effectivity of statutes applies to Presidential Issuances, except those which are merely -- in nature not concerning the public.
Interpretative
Initiatory
Dilatory
Indicative
Where a statute requires the doing of an act within a specified number of days, such as ten days, from notice, it means--
10 calendar days
10 working days
10 legal holidays
10 official working days
days is to 24 hours, and October is to
30 days
31 days
4 weeks
5 Mondays
Acts of legislature as an organized body, expressed in the form, passed according to the procedure, required to constitute it as part of the law of the land.
(a)
