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UNIVERSITY OF THE PHILIPPINESCOLLEGE OF LAW
BAR OPERATIONS COMMISSIONRoom 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines
Telefax No: 920.5514 loc. 315 | Mobile No: 0917.9823901
POLITICAL LAW
1. Which of the following public official can exercise the DOCTRINE OF AUGMENTATION:
a. Presiding Justice of the Sandiganbayanb. Solicitor Generalc. COA Chairmand. Senate majority floor leader
2. All BILLS must pass three (3) readings:
a. Trueb. True, on separate daysc. Falsed. False, only two (2) readings
3. Which of the following is not a proper characteristic of public office?
a. Public office is a public trust;b. Public office is not a hereditary possession;c. Public office may be a subject of a contract;d. Public office is not protected by the due process clause of the Constitution.
4. The law on nepotism is directed against:
a. Midnight appointments;b. Appointment of relatives;c. Appointments made for the purpose of buying votes;d. Ad-interim appointments;
5. Which of the following has no original jurisdiction over administrative disciplinary cases involving public officers and employees?
a. Chief of office or bureau;b. Ombudsman;c. Civil Service Commission;d. Local Chief Executive;
6. Which statement is not correct?
a. Preventive suspension is not a penalty;b. An indefinite preventive suspension is not allowed as it constitutes denial of due process;c. One who had been placed under preventive suspension may be pardoned by the President;d. Preventive suspension may arise as an incident in a criminal or administrative case
7. Which statement is not correct?
a. Pardon may mean forgiveness, but not forgetfulness;b. Pardon looks back and erases whatever shade of guilt there was;c. What was remitted insofar as the grant of pardon is concerned is the penalty imposed so that the
UNIVERSITY OF THE PHILIPPINESCOLLEGE OF LAW
BAR OPERATIONS COMMISSIONRoom 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines
Telefax No: 920.5514 loc. 315 | Mobile No: 0917.9823901
convict may no longer serve the sentence imposed on him;d. One who has been granted absolute pardon may not be validly reinstated in the service;
8. Which of the following is not a constitutional ground for the Vice President to assume the presidency?
a. Death of the President;b. Permanent incapacity of the President;c. Removal from office of the President;d. Withdrawal of support of the AFP and the PNP to the President;
9. The lone Candidate Law (R.A. No. 8295) applies:
a. In local elections only;b. In national elections only;c. In regular elections only;d. In special elections to fill a vacancy only;
10. Which of the following does not fall under the exclusive jurisdiction of the COMELEC?
a. Pre-proclamation cases;b. Election protest involving elective municipal officials;c. Petition to declare failure of elections;d. Petition to declare a candidate a nuisance candidate;
11. Which of the following disqualification case may not be properly availed of before the elections?
a. Quo warranto petition;b. Petition to declare a candidate a nuisance candidate;c. Petition to disqualify on the ground of material representation as to any statement of fact in a
candidate’s certificate of candidacy;d. Petition to disqualify on the ground of vote-buying and terrorism;
12. Which of the following is not a proper issue that may be raised in a pre-proclamation case?
a. Ballot box snatching;b. Illegality in the composition and proceedings of the Board of Canvassers;c. Election returns were prepared under duress, threat or intimidation;d. Election returns were obviously manufactured or not authentic;
13. Which statement is not correct?
a. An election contest is imbued with public interest;b. An election protest may be heard summarily;c. An election contest may not be dismissed if the protestant or the protestee dies;d. An election protest may be filed only if a candidate has already been proclaimed
14. Is there a distinction between a quo warranto case and an election protest under the Omnibus Election Code?
UNIVERSITY OF THE PHILIPPINESCOLLEGE OF LAW
BAR OPERATIONS COMMISSIONRoom 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines
Telefax No: 920.5514 loc. 315 | Mobile No: 0917.9823901
a. No, there is no distinction. COMELEC has jurisdiction in both cases.b. Yes, there is a distinction. A quo warranto proceeding is heard by the trial court while an election
protest is tried by COMELEC.c. No, there is no distinction because both question the right of a person to occupy the elective position.d. Yes, there is a distinction because only losing candidates can file an election protest while any
registered voter can file quo warranto proceeding against a winning candidate.
15. All local government units may raise its own revenue. From the following which is not included form revenue-raising measure of the local government
a. tollsb. feesc. chargesd. estate taxes
16. Mr. Jose Reyes is a regular employee of the Municipality of Sta. Ines. He is qualified as a heavy equipment driver of the municipality. While undertaking repairs of a municipal road he rammed the fence of a public school causing the death of two of its students. Will the Municipality of Sta. Ines be liable for the death of the two public school students?
a. Yes, the municipality is liable because under Sec. 24 of the Local government Code, a local government unit is not exempt from liabilities or death or injury to persons or damage to property.
b. No, the municipality is not liable because the incident was purely an accident.c. Yes, the municipality is liable because Mr. Jose Reyes was undertaking a proprietary function at the
time of the incident.d. No, the municipality is not liable for the tort committed by Mr. Reyes.
17. In municipal mayoralty elections in 1980, John Go who obtained the highest number of votes was subsequently declared to be disqualified as a candidate and so ineligible for the office to which he was elected. Would this fact entitle Henry Say who obtained the second highest number of votes to ask and to be proclaimed the winner of the elective office?
a. Yes, Henry say may assume the position because he is the second best person to serve.b. No, Henry is not entitled to assume the position because a second placer is considered a loser.c. No, John Go has still time to question his disqualification before the courts.d. No, John Go should file necessary action for issuance of TRO to prevent Henry Say to assume the
position.
18. . ASYAN TRESUR is a municipality composed of 15 barangays, 10 west of Taktak River and 5 east thereof. The constituents of the 10 western barangays, feeling left out of the services and facilities of the Asyan Treasure, wish to constitute themselves into a new and separate town to be called Western Asyan treasure. Granting that Western Asyan Treasure proponents succeed to secure a law in their favor, would a plebiscite be necessary or not?
a. Yes, a plebiscite is necessary because all 15 barangays will be affected with the creation of new Iocal government unit.
b. No, a plebiscite is no longer necessary because there is already a law creating Western Asyan Treasure.
UNIVERSITY OF THE PHILIPPINESCOLLEGE OF LAW
BAR OPERATIONS COMMISSIONRoom 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines
Telefax No: 920.5514 loc. 315 | Mobile No: 0917.9823901
c. Yes, a plebiscite is necessary because it will show the preference of the constituents who should be local leader.
d. No, a plebiscite is no longer needed because majority of the 15 barangays want to be separated from Asyan Treasure.
19. This provides that the jurisdiction of the International Court of Justice in not mandatory but subject to the consent of the parties.
a. domestic jurisdiction clauseb. calvo clausec. optional jurisdiction claused. compromissary clause
20. Principle which provides that aliens must be treated in accordance with the international standard of justice.
a. doctrine of equality of treatmentb. calvo clausec. doctrine of state responsibilityd. doctrine of double criminality
21. Legal principle which justifies the non-performance of the terms and conditions of a treaty.
a. damnum absque injuriab. pacta sunt servandac. jure gestionisd. rebus sic stantibus
22. It is the function of the United Nation General Assembly which relates to the reformation or amendment of the United Nation Charter
a. financialb. deliberativec. electived. constituent
23. Which of the following is not related to the appointment of a diplomatic envoy?
a. letter of credenceb. aggregationc. c. appointment in accordance with the local law of the sending stated. exequatur
24. It is a prohibition as to the use of any measure absolutely not necessary for the purpose of war.
a. postliminiumb. principle of humanityc. genocided. principle of chivalry
UNIVERSITY OF THE PHILIPPINESCOLLEGE OF LAW
BAR OPERATIONS COMMISSIONRoom 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines
Telefax No: 920.5514 loc. 315 | Mobile No: 0917.9823901
25. Municipal law in superior than International lawa. trueb. falsec. true, if raised in a local tribunald. true, if raised in an international tribunal
26. Under the United Nations Conference of the Law of the Sea, the extent of the contiguous zone is:
a. 3 nautical miles from the lowest water rankb. 12 miles from the outer limitsc. 12 miles from the lowest water rankd. 200 miles from the outer limits
27. BS Lim was born on April 20, 1974 of Taiwanese father and Filipino mother in Manila. According to the laws of Taiwan, a woman marrying a Taiwanese husband shall follow the citizenship of the husband upon marriage. In 1998, BS Lim went to the United States and became a naturalized American. In January 2003, he returned to Manila and applied for repatriation which was approved by the Special Committee on Naturalization on May 4, 2003. He then registered as a voter and on January 2004, he filed his certificate of candidacy as a congressman in the 1st district of the City of Manila.
a. BS Lim is not qualified to run for congressman because his repatriation as a Filipino is not valid for he was never a Filipino from birth.
b. BS Lim is not qualified because even assuming that his repatriation as Filipino was valid, he is not a natural-born citizen.
c. BS Lim is qualified because he is a natural-born citizen and has all the other qualifications required for a candidate for congressman
d. BS Lim is qualified provided nobody will file a petition for a disqualification.
28. The following are the requisites of a judicial inquiry: except:
a. question raised by a proper partyb. declaration of the court of unconstitutionalityc. raising the question on the earliest possible opportunityd. actual case or controversy
29. Any of the following may propose amendment to the Constitution except:
a. a constitutional convention called 2/3 vote of all its members of Congressb. a petition representing 12% of the nation’s registered voter wherein each legislative district is
represented by 3%c. ¾ vote of all the members of Congressd. a petition representing 12% of the nation’s registered voter wherein each legislative district is
represented by 5%
30. Under the fundamental principles and policies of the State, which of the following statement is FALSE:
a. Municipal law is superior than international law;b. Recognition of the superiority of women with men;c. Non-encroachment of the government on purely ecclesiastical activities;d. Indigenous communities are recognized;
UNIVERSITY OF THE PHILIPPINESCOLLEGE OF LAW
BAR OPERATIONS COMMISSIONRoom 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines
Telefax No: 920.5514 loc. 315 | Mobile No: 0917.9823901
31. The Congress is mandated by the Constitution to vote jointly and obtain the majority vote of all its members in case of:
a. confirmation of the President’s nomination of a Vice Presidentb. concurring with the President’s grant or amnestyc. revocation of the President’s declaration of Martial Lawd. granting tax exemption
32. The three inherent powers of the state are always integral parts of the Constitution.
a. Trueb. False, because the 3 inherent powers of the state are not always integral parts of the Constitutionc. False, because they are not always present in the Constitutiond. False, because they are not always present in the State
33. Appeal is part of our due process.
a. Trueb. False, because it is not part of due processc. False, it is merely a statutory rightd. False, because appeal must be so provided in the Constitution to be part of due process
34. There are two steps in the amendments of our Constitution.
a. Trueb. False, because there are many other stepsc. False, because judicial review is the 3rd stepd. False, because the Court may also provide another step
35. Only the government and its agencies can exercise the power of eminent domain.
a. Trueb. False, because private entities may also exercise the powerc. False, because not all government agencies can exercise the powerd. False, because even government agencies need specific authority to do so
36. Notice and hearing are not required in licensing unless it involves: a. A contested caseb. Willful violation of pertinent laws, rules and regulationsc. Public security, health or safetyd. Renewal of a license
37. The Ombudsman has the power to take cognizance over the following except: a. crime of rape committed by a city mayorb. graft cases cognizable by regular courtsc. graft cases cognizable by Sandiganbayand. graft cases involving members of Congress
UNIVERSITY OF THE PHILIPPINESCOLLEGE OF LAW
BAR OPERATIONS COMMISSIONRoom 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines
Telefax No: 920.5514 loc. 315 | Mobile No: 0917.9823901
38. Findings of fact of an administrative agency are not final in the following circumstances except: a. Findings of fact supported by substantial evidenceb. Findings of fact supported by substantial evidence and the law does not specifically provide
otherwisec. Not supported by substantial evidenced. When the decision was rendered in consequence of fraud, imposition or mistake other than error of
judgment
39. Due process in administrative proceedings does not require: a. An opportunity to be heardb. A trialc. An Opportunity to seek reconsiderationd. Independent consideration of the judge
40. Generally, the courts will not intervene if the question to be resolved is one which requires the expertise of administrative agencies and the legislative intent on the matter is to have uniformity in the rulings. This rule is known as:
a. Exhaustion of Administrative Remediesb. Qualified Political Agencyc. Doctrine of Primary Jurisdictiond. The Pervasive Principle
41. The Doctrine of Exhaustion of Remedies applies when the following requisites are met except: a. The administrative agency is performing a quasi-judicial functionb. The administrative agency and the regular court have concurrent and original jurisdictionc. Judicial review is availabled. The court acts in its appellate jurisdiction
42. Interpretative rules as opposed to legislative rules promulgated by administrative agencies are: a. Required to be published b. Not binding on the courtsc. Required to be circulated prior to adoptiond. Made based on the existence of certain facts upon which the enforcement of the law depends
43. In the following instances, an administrative agency acts in accordance with law except: a. HLURB issues a subpoena duces tecumb. Civil Service Commission issues a subpoena ad testificandumc. LTFRB revokes a certificate of public convenience without notice and hearing due to danger to
public safetyd. NLRC cites a party to case in contempt for refusal to produce documents
UNIVERSITY OF THE PHILIPPINESCOLLEGE OF LAW
BAR OPERATIONS COMMISSIONRoom 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines
Telefax No: 920.5514 loc. 315 | Mobile No: 0917.9823901
44. Injunction may issue in the following instances except:a. In tax collection in all instancesb. When injunction is issued by the Supreme Court to an administrative agencyc. When there is willful invasion of the petitioner’s right and the injury is a continuing oned. When the defendant is doing an act in violation of petitioner’s rights which may render the
judgment ineffective
45. The following involve permissible delegation of legislative power except:a. Power to declare the existence of facts which call into operation the provisions of a statuteb. Power to fix rates by an administrative agency is delegated to a common carrierc. The standard defining the legislative policy is only impliedd. Promulgation of implementing rules and regulations in accordance with the enabling law
46. Which of the following body or person is not allowed to propose amendments to the constitution?
a. Congress b. Constitutional Convention.c. The peopled. The President
47. The Congress in calling a Constitutional Convention is acting as:
a. Investigative bodyb. Legislative bodyc. Constituent bodyd. All of the above
48. It is the number of votes needed when the Congress is the one proposing amendments to the constitution.
a. Two-thirds (2/3) vote of all the members of Congress. b. Two-thirds (2/3) vote of all the members of Senate.c. Three-fourths (3/4) vote of all the members of Congress.d. Three-fourths (3/4) vote of all the members of Senate.
49. Florito was a registered voter of Candijay, Bohol and had voted in said municipality in all the elections therein for municipal elective officials. He was elected Mayor of Candijay for three times and held office until 1999. On the other hand, it also appeared that Florito constructed a house of mixed materials in Nabas (another town), and had been living therein with his wife and children since 1996. He had to build said house in Nabas because he needed a place to store his copra which he bought from Gretchen, the owner of the house he was staying while in Nabas. Has he abandoned his residence in Candijay?
a. Yes because by having been elected as Mayor for three times in Candijay, he has acquired permanent residence therein;
UNIVERSITY OF THE PHILIPPINESCOLLEGE OF LAW
BAR OPERATIONS COMMISSIONRoom 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines
Telefax No: 920.5514 loc. 315 | Mobile No: 0917.9823901
b. Yes because he can maintain two houses in two different places and choose either address for purposes of elections
c. No because residence and domicile means one and the same in election lawd. No because it is not necessary that a person should have a house in order to establish his residence
and domicile in a municipality.
50. In 1991, Pilita married Bobby Swarchoff, a national of the State of Uganda. Under the laws of Uganda, an alien woman marrying a Ugandan national automatically acquires Ugandan citizenship. After her marriage, Pilita resided in Uganda and acquired a Ugandan passport. In 1992, Pilita returned to the Philippines to run for Governor of Biliran. Was Pilita qualified to run for Governor?
a. Yes because she is still a Filipino citizen by birth.b. Yes because there is no legal impediment for her to run as Governor.c. No because when she became a citizen of Uganda, she became a dual citizen and is thus disqualified
to run as Governor.d. No because she does not possess the residency requirement.