Political Law Quiz 1 - Uber Digests

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Results

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#1. There is double jeopardy when the dismissal of the first case isThere is double jeopardy when the dismissal of the first case is

made provisionally without objection from the accused

based on the objection of the accused to the prosecution's motion to postpone trial

made upon motion of the accused without objection from the prosecution

made at the instance of the accused invoking his right to fair trial

#2. An example of a content based restraint on free speech is a regulation prescribing

calibrated response to rallies that have become violent

when, where, and how lawful assemblies are to be conducted

maximum tolerance of pro-government demonstrations

a no rally-no permit policy

#3. The Comelec en banc cannot hear and decide a case at first instance EXCEPT when

a related case is pending before the Supreme Court en banc

the inhibition of all the members of a Division is sought

the case involves a purely administrative matter

a Division refers the case to it for direct action

#4. Filipino citizenship may be acquired through judicial naturalization only by an alien

whose mother or father is a naturalized Filipino and who himself is qualified to be naturalized

born and raised in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen

who has all the qualifications and none of the disqualifications to become a Filipino citizen

born, raised, and educated in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen.

#5. The decision of the Regional Trial Court on appeals pertaining to inclusions or exclusions from the list of voters

is subject to an action for annulment

is inappealable

may be brought straight to the Supreme Court

is appealable to the Commission on Elections

#6. An administrative rule that fixes rates is valid only when the proposed rates are

published and filed with the UP Law Center

published and all stakeholders are personally notified

published and hearings are conducted

published and posted in three public places

#7. The city government filed a complaint for expropriation of 10 lots to build a recreational complex for the members of the homeowners’ association of Sitio Sto. Tomas, the most populated residential compound in the city. The lot owners challenged the purpose of the expropriation. Does the expropriation have a valid purpose?

No, because not everybody uses a recreational complex

Yes, it serves the well-being of the local residents

Yes, it is in accord with the general welfare clause

No, because it intends to benefit a private organization

#8. Althea, a Filipino citizen, bought a lot in the Philippines in 1975. Her predecessors-in-interest have been in open, continuous, exclusive and notorious possession of the lot since 1940, in the concept of owner. In 1988, Althea became a naturalized Australian citizen. Is she qualified to apply for registration of the lot in her name?

Yes, the lot is already private in character and as a former natural-born Filipino, she can buy the lot and apply for its registration in her name

No, except when it can be proved that Australia has a counterpart domestic law that also favors former Filipino citizens residing there

No, foreigners are not allowed to own lands in the Philippines

Yes, provided she acquires back her Filipino citizenship

#9. When a witness is granted transactional immunity in exchange for his testimony on how his immediate superior induced him to destroy public records to cover up the latter’s act of malversation of public funds, the witness may NOT be prosecuted for

false testimony

falsification of public documents

direct contempt

infidelity in the custody of public records

#10. The government sought to expropriate a parcel of land belonging to Y. The law provides that, to get immediate possession of the land, the government must deposit the equivalent of the land’s zonal value. The government insisted, however, that what apply are the rules of court which require an initial deposit only of the assessed value of the property. Which should prevail on this matter, the law or the rules of court?

Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is higher

The law should prevail since the right to just compensation is a substantive right that Congress has the power to define

Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is lower

The rules of court should prevail since just compensation is a procedural matter subject to the rule making power of the Supreme Court

#11. Mario, a Bureau of Customs’ examiner, was administratively charged with grave misconduct and preventively suspended pending investigation. The head of office found him guilty as charged and ordered his dismissal. The decision against him was executed pending appeal. The Civil Service Commission (CSC) subsequently found him guilty and after considering a number of mitigating circumstances, reduced his penalty to only one month suspension. Is Mario entitled to back salaries?

Yes, corresponding to the period of his suspension pending appeal less one month

Yes, the reduction of the penalty means restoration of his right to back salaries

No, he is still guilty of grave misconduct, only the penalty was reduced

No, the penalty of one month suspension carries with it the forfeiture of back salaries

#12. An appointment held at the pleasure of the appointing power

requires special qualifications of the appointee

is co-extensive with the term of the public officer who appointed him

requires justifiable reason for its termination

essentially temporary in nature

#13. Where A is set for promotion to Administrative Assistant III and B to the post of Administrative Assistant II vacated by A, the appointing authority must

submit to the Civil Service Commission (CSC) the second appointment after its approval of the first.

submit to the CSC the two promotional appointments together for approval

simultaneously issue the appointments of A and B

not appoint B until the CSC has approved A’s appointment.

#14. After X, a rape suspect, was apprised of his right to silence and to counsel, he told the investigators that he was waiving his right to have his own counsel or to be provided one. He made his waiver in the presence of a retired Judge who was assigned to assist and explain to him the consequences of such waiver. Is the waiver valid?

Yes, the mere fact that the lawyer was a retired judge does not cast doubt on his competence and independence

No, the waiver was not reduced in writing

Yes, the waiver was made voluntarily, expressly, and with assistance of counsel

No, a retired Judge is not a competent and independent counsel

#15. Governor Paloma was administratively charged with abuse of authority before the Office of the President. Pending hearing, he ran for reelection and won a second term. He then moved to dismiss the charge against him based on this supervening event. Should the motion be granted?

No, Governor Paloma's reelection does not render moot the administrative case already pending when he filed his certificate of candidacy for his reelection bi

Yes, Governor Paloma's reelection is an expression of the electorate's restored trust

No, Governor Paloma's reelection cannot extinguish his liability for malfeasance in office

Yes, Governor Paloma's reelection is an expression of the electorate's obedience to his will

#16. The privacy of communication and correspondence shall be inviolable except upon lawful order of the court or when

dictated by the need to maintain public peace and order

public safety or order requires otherwise as prescribed by law

public safety or order requires otherwise as determined by the President

public safety or public health requires otherwise as prescribed by law

#17. The new Commissioner of Immigration, Mr. Suarez, issued an Office Order directing the top immigration officials to tender courtesy resignation to give him a free hand in reorganizing the agency. In compliance, Director Sison of the Administrative Department tendered his resignation in writing which Mr. Suarez immediately accepted. Director Sison went to court, assailing the validity of his courtesy resignation and Mr. Suarez’s acceptance of the same. Will the action prosper?

No, estoppel precludes Director Sison from disclaiming the resignation he freely tendered

Yes, for so long as no one has yet been appointed to replace him, Director Sison may still withdraw his resignation

No, Director Sison tendered his resignation and it was accepted

Yes, Director Sison merely complied with the order of the head of office; the element of clear intention to relinguish office is lacking

#18. The equal protection clause allows valid classification of subjects that applies

so long as it remains relevant to the government

only to present conditions

for as long as the problem to be corrected exists

for a limited period only

#19. 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?

No, since they seek, not an amendment, but a revision

Yes, the people can substantially amend the Constitution by direct action

Yes, provided Congress concurs in the amendment

No, only Congress can exercise the power to amend the Constitution

#20. 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?

Request the JBC to consider adding A to the list.

Appoint from the list.

Return the list to JBC.

Decline to appoint from the list.

#21. Courts may still decide cases that have otherwise become academic when they involve

acts of the Chief Executive

the basic interest of people

petitions for habeas corpus

Presidential election protests

#22. 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?

Yes, the executive agreement is contrary to our existing domestic law

Yes, the executive agreement is actually a treaty which does not take effect without ratification by the Senate

No, international agreements are sui generis which must stand independently of our domestic laws

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

#23. Jax Liner applied for a public utility bus service from Bacolod to Dumaguete from the Land Transportation Franchising and Regulatory Board (LTFRB). BB Express opposed. LTFRB ruled in favor of Jax. BB appealed to the Secretary of the Department of Transportation and Communication (DOTC), who reversed the LTFRB decision. Jax appealed to the Office of the President which reinstated the LTFRB’s ruling. BB Express went to the Court of Appeals on certiorari questioning the decision of the Office of the President on the ground that Office of the President has no jurisdiction over the case in the absence of any law providing an appeal from DOTC to the Office of the President. Will the petition prosper?

No, the action of the DOTC Secretary bears only the implied approval of the President who is not precluded from reviewing the decision of the former

No, exhaustion of administrative remedies up to the level of the President is a pre-requisite to judicial recourse

Yes, when there is no law providing an appeal to the Office of the President, no such appeal may be pursued

Yes, the doctrine of qualified political agency renders unnecessary a further appeal to the Office of the President

#24. One advantage of a written Constitution is its

permanence

expediency

reliability

flexibility

#25. Each of the Constitutional Commissions is expressly described as “independent,” exemplified by its

collegiality

fiscal autonomy

finality of action

immunity from suit

Finish