Professional Documents
Culture Documents
Consti
Consti
Consti
Bill of Rights
A.
1.
a.Police power is the power to prescribe regulations to promote the health, morals, peace, education, good order or
safety, and general welfare of the people. 1
b.Eminent domain is the right of a government to take and appropriate private property to public use, whenever the
public exigency requires it, which can be done only on condition of providing a reasonable compensation
therefor. 2
c.Taxation is the power by which the sovereign raises revenue to defray the necessary expenses of government.3
d.It is not possible for an exaction to involve the exercise of both the power of taxation and the police power. 4
2.One of these statements regarding the similarities of police power, the power of eminent domain, and the power of taxation
is not correct:
The power of eminent domain and the power of taxation affect property
only. 13
b.Police power and the power of taxation can be exercised by the government only. The power of eminent domain
may be delegated to certain private entities. 14
c.Police power and the power of taxation are directed against the whole constituency. The power of eminent
domain is directed against particular property. 15
d.In the exercise of police power, the property affected is necessarily destroyed. In the exercise of the power of
eminent domain and the power of taxation, the property affected is not destroyed. 16
16
A.Private Parties
1.One of these statements is not correct:
a.The
right to due process guaranteed in Section 1, Article III of the Constitution is meant to protect against
arbitrary government action and cannot be invoked in private controversies. 17
b.The right against unreasonable searches and seizures guaranteed by Section 2, article III of the Constitution is a
restraint directed only against the government and not against private individuals. 18
c.The guarantee of equal protection in Section 21, Article III of the Constitution cannot be invoked against acts of
private individuals. 19
d.The rights during investigation guaranteed by Section 14 (a), Article III of the Constitution are applicable to the
administrative investigation of an employee by the employer. 20
2.One of these is not an exception to the requirement of a prior notice and hearing:
a.Abatement of nuisance per se. 25
b.Issuance of a writ of preliminary attachment. 26
c.Preventive suspension of a respondent in an administrative case.27
d.Termination of a probationary government employee. 28
3.One of these is not an exception to the requirement of a prior notice and hearing:
a.Closure of a bank. 29
b.Issuance by the trial court of a hold departure order against the accused in a criminal case. 30
c.Issuance of a cease and desist order against a factory found upon inspection to be discharging effluents into a
river. 31
d.Issuance of a writ of preliminary injunction. 32
d.The
right to due process of a party is violated if he was prejudiced because of the gross negligence of his
lawyer. 36
property sought to be expropriated by requiring instead the deposit of its zonal value for the issuance of a writ
of possession is a ground for his disqualification for bias. 44
evidence must be substantial. It must be more than a mere scintilla but must be such evidence as a
reasonable might accept as adequate to support a conclusion. 49
b.The decision must be rendered on the evidence presented at the hearing, or at least contained in the record and
disclosed to the parties affected.50
c.The tribunal must act on its own independent consideration of the law and the facts of the controversy and not
simply accept the views of a subordinate in arriving at a decision. 51
d.The parties must be furnished a copy of report submitted by the subordinate to the tribunal.52
36 Amil
to his
successor cannot be considered a valid decision on his case. 58
c.A decision on an administrative case against government employees stating that they were being dismissed
pursuant to the report submitted by a committee is not valid. 59
d.A decision finding a barangay chairman guilty in an administrative case for falsely stating that the barangay had
no sangguniang kabataaan officials when in three of the documents, it was stated that there were sangguniang
kabataan officials and he claimed that his signature in one other document that there were no sangguniang
kabataan officials was forged is not supported by substantial evidence. 60
c.Requiring the grant of a twenty per cent discount to senior citizens in the purchase of medicines.75
d.Prohibiting those taking licensure examinations from attending review classes starting three days
examination and until the examination day. 76
before every
theaters to charge children who are not more than twelve years old only one-half of the admission
fee. 77
b.Prohibition of motorcycles on limited access highways. 78
c.Requiring corporations to pay two per cent of their gross income as income tax if they have no taxable income.79
d.Requiring a withholding tax be based on the gross selling price in the case of sale of real property which is not a
capital asset rather than on the net income. 80
6.One of these statements regarding the requirements of due process is not correct:
a.A law must be reasonable. 81
b.A law must not be vague. 82
c.A law must not be overbroad. 83
d.A law can be effective immediately upon approval even if it has not yet been published. 84
7.One of these statements is not correct:
a.A law is vague when it lacks comprehensible standards that men of common intelligence must necessarily guess
at its meaning and differ in its application.85
b.To avoid vagueness, a law need not define every word used in it.86
c.The Anti-Plunder Law is not vague. 87
d.Batas Pambansa Bldg. 33, as amended, which penalizes illegal trading in petroleum products is vague. 88
8.One of these statements is not correct:
a.The provision of the Anti-Graft and Corrupt Practices Act penalizing a public officer who gives a private party any
b.The
Carlos Superdrug Corporation vs. Department of Social Welfare and Development, 526 SCRA 130
Lupangco vs. Court of Appeals, 160 SCRA 848
77 Balacuit vs. Court of First Instance of Agusan del Norte, 163 SCRA 162
78 Mirasol vs. Department of Public Works and Highways, 490 SCRA 318
79 Chamber of Real Estate vs. Builders Association, Inc. vs. Romulo 614 SCRA 605
80 Ibid
81 Corona vs. United Harbor Pilots Association, 283 SCRA 31
82 Estrada vs. Sandiganbayan, 369 SCRA 394
83 Ibid
84 Taada, 146 SCRA 446
85 Estrada vs. Sandiganbayan, 369 SCRA 394
86 Ibid
87 Ibid
88 Perez vs. LPG Refillers Association of the Philippines, Inc. 531 SCRA 431
89 Gallego vs. Sandiganbayan, 115 SCRA 793.
90 Dans vs. People, 285 SCRA 504
91 Romualdez vs. Sandiganbayan, 435 SCRA 371
92 People vs. Siton, 600 SCRA 476
93 Ong vs. Sandiganbayan, 470 SCRA 7
94 Bayan vs. Ermita, 488 SCRA 226
76
c.The provision of the Revised Securities Code penalizing insider trading is not vague.95
d.The provision of the Labor Code penalizing the illegal recruitment and placement of workers is vague.96
10.One of these statements is not correct:
a.A law
is overbroad if it offends the constitutional principle that a governmental purpose to control or prevent
activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily
broadly and thereby invade the area of protected freedom. 97
b.Prohibiting the posting on motor vehicles of stickers supporting certain candidates is overbroad.98
c.Prohibiting a candidate from allowing his image or name to be used in advertisements before the start of the
campaign period is not overbroad. 99
d.An ordinance requiring all buses to pick up and drop off passengers only at a bus terminal operated by someone
authorized by a city is not overbroad.
12.One of this is not a standard for the judicial review of laws on grounds of substantive due process.
a.Laws
dealing with fundamental rights, such as freedom of speech, suffrage, the political process , and judicial
access should be strictly scrutinized to determine the quality and the amount of governmental interest brought
to justify the regulation. The governmental interest must be compelling and there is no less restrictive means
for achieving that interest. 104
b.The rational basis standard is used for the review of economic legislation. Laws are upheld if they rationally
further a legitimate governmental interest. 105
c.Under the intermediate review standard, governmental interest is extensively examined and the availability of less
restrictive measures is considered. 106
d.Under the balancing-of-interest standard, the court should consider the fundamental right and the regulation to
determine which one should be given greater protection. 107
right to privacy does not bar the adoption of a reasonable identification card system by government
entities. 108
b.Requiring mandatory, random and suspicionless drug testing of students is constitutional. 109
c.Requiring random drug testing of employees of government and private offices is constitutional. 110
d.Requiring the drug testing of all persons charged with a criminal offense punishable by imprisonment of at least
six years and one day is constitutional. 111
Securities and Exchange Commission vs. Interport Resource Corporation, 567 SCRA 354
People vs. Dela Piedra, 350 SCRA 163
97 Adiong vs. Commission on Elections, 207 SCRA 712
98 Ibid
99 Chavez vs. Commission on Elections, 437 SCRA 415; Lucena Ground Central Terminal, Inc. vs. JAC Liner, Inc., 452 SCRA 174
100 People vs. Dela Peidre, 350 SCRA 163
101 City of Manila vs. Laguio, 455 SCRA 308
102 Metropolitan Manila Development Authority vs. Viron Transportation Company, Inc. 530 SCRA 341
103 White Light Corporation vs. City of Manila, 576 SCRA 416
104 White Light Corporation vs. City of Manila, 576 SCRA 916
105 Ibid
106 Ibid
96
107
108
Kilusang Mayo Uno vs. Director General, National Economic Development Authority, 487 SCRA 623
Social Justice Society vs. Dangerous Drugs Board, 570 SCRA 410
110 Ibid
111 Ibid
109
c.The right to privacy cannot bar legislative investigation into the regulation of banking transactions.114
d.Government agencies can invoke the right to privacy. 115
D.Equal Protection
1.One of these statements is not correct:
a.Equal protection means that all persons or things similarly situated must be treated alike both in the privileges
conferred and the obligations imposed. 116
b.A law which treats similarly persons or things which are differently situated violates equal protection. 117
c.For a law to violate the equal protection clause, it is not enough that it permits inequality in its application but must
on its face deny equal protection. 118
d.For a classification in a law to satisfy equal protection, it must comply with the following requirements: 1) it must
rest on substantial distinctions; 2) it must be germane to the purposes of the law; 3) it must not be limited to
existing conditions; and 4) it must apply equally to all members of the same class. 119
abroad without granting the same benefits to Filipino landbased workers abroad. 126
d.Requiring radio and television stations to give free time for political advertisements without requiring newspapers
to give free space for political advertisements. 127
112 Agustin
b.Requiring the transfer every four years of the election officers assigned to cities or municipalities without imposing
c.Allowing
the surviving spouse of a retired member of the Government Service Insurance System from
receiving a pension if they were married within three years before his retirement. 132
b.Prohibiting rallies within 200 meters from courthouses when there is no similar prohibition in the case of offices in
the Legislative and Executive Departments. 133
c.Banning motorcycles from limited access to highways while allowing other forms of transportation. 134
d.Authorizing the Office of the Ombudsman to place an elective official facing on administrative under preventive
suspension for six months when under the Local Government Code the duration of the preventive suspension
is sixty days. 135
b.Providing for a system of reward to employees of the Bureau of Internal Revenue and the Bureau of Customs if
they exceed their revenue goals without applying it to other governmental employees. 137
c.Penalizing as vagrancy loitering about public places or wandering about the country or the streets without visible
means of support. 138
d.Basing the creditable withholding tax on the sale of real estate by real estate dealers on the gross selling price
without imposing the same formula.on manufacturers of goods. 139
c.A law
c.Picking up the dried marijuana leaves which spilled on the street from the bag of a drug dealer is unlawful if there
was no search warrant. 146
respect to a search warrant, probable cause means such facts and circumstances which will lead a
reasonably discreet and prudent man to believe that an offense has been committed and that the objects
sought in connection with it are in the place sought to be searched. 148
b.With respect to warrants of arrest, probable cause means that sufficient facts must be presented to the judge
issuing the warrant to convince him that there is probable cause for believing that the person whose arrest is
sought committed the crime charged. 149
c.Probable cause does not require proof beyond reasonable doubt.150
d.Suspicion constitutes probable cause. 151
b.A tip from an informer is sufficient to give rise to probable cause. 153
c.Statements which do not clearly indicate the offense supposed to have been committed do not establish probable
cause. 154
d.A statement that a newspaper is publishing materials whose publication constitutes an offense without specifying
the materials does not show probable cause. 155
should make his own personal determination of probable cause by examining the resolution of the prosecutor
and the supporting evidence. 156
b.The Commissioner of Immigration cannot issue a warrant of arrest against an alien facing a deportation case.157
c.The Commissioner of Immigration can issue a warrant for the arrest of an alien against whom there is a final order
of deportation. 158
d.A judge should conduct a searching examination of the witnesses before issuing a warrant of arrest.159
146
b.
sufficient description to identify him, such as his appearance, peculiarities, occupation and residence. 172
b.The inclusion of the diskettes in seizure pursuant to a search warrant for a computer is valid. 173
c.A warrant for the arrest of the accused in which his first name is erroneous is void. 174
d.A search warrant which contains a general description of the documents and records to be seized and a particular
description namely, unregistered delivery receipts and unregistered purchases and sales invoices is partially
valid. 175
9.A warrantless search and seizure is invalid in one of the following instances:
a.It is incidental to a lawful arrest.
b.The thing seized is a prohibited article found in plain view.
c.The article seized is a moving vehicle.
d.The owner did not object.
10.A warrantless search and seizure is valid in the following instances:
a.It involved a search at borders or ports of entry.
b.It was made to enforce the customs law.
c.A private residence was searched to determine if it is complying with police regulations.
d.It was made pursuant to a stop-and-frisk procedure.
11.One of these statements is not correct:
a.For a warrantless search and seizure to be valid, the arrest must be lawful.
b.The search conducted by a police officer who joined the police officers serving a warrant of arrest for the purpose
of making a search is lawful.
c.A warrantless search preceding the arrest is not incidental to a lawful arrest,
d.A warrantless search thirty minutes after the arrest is not incidental to a lawful arrest.
164
or destroy evidence.
warrantless search of the house of the person arrested for possession of marijuana outside his house is
unlawful.
d.The
b.The warrantless seizure of money delivered as a bribe to a judge while he was being arrested is lawful.
c.The warrantless seizure of a magazine of ammunition protruding from the back pocket of the person
arrested is lawful.
d.The warrantless seizure of marijuana in the pocket of a person arrested while selling marijuana is lawful.
being
14.The requisites for the lawful warrantless seizure of a prohibited article are the following:
a.There was a prior valid intrusion based on a valid warrantless arrest.
b.The evidence was inadvertently discovered.
c.The evidence must be immediately apparent.
d.The possessor was immediately arrested.
15.One of these statements is not correct:
a.A notebook containing names and addresses suspected to be buyers of marijuana which was not mentioned in a
warrant for the seizure of marijuana cannot be seized.
b.A police officer who found the marijuana he was authorized to seize by virtue of a search warrant cannot seize an
unlicensed firearm after he continued searching,
c.Police officers who saw a marijuana plantation can immediately seize the marijuana plants without the need for a
search warrant.
d.The seizure of unlicensed firearms by police officers serving a warrant for their seizure is unlawful if it turned out
that the search warrant was unlawful for lack of examination of the witnesses by the judge.
16,
a.A truck which was hauling illegally cut timber can be seized without need of a search warrant.
b.The car which was used by killers to escape and which was abandoned can be seized without need of a search
warrant.
d.A car can be seized without a warrant for violating a traffic regulation.
18.
a.A homeowner who remained silent when his home was searched without a warrant did not waive his right against
warrantless search.
b.To be valid, the waiver of the right against warrantless searches must be in writing and made with assistance of
counsel.
c.A household helper cannot allow a police officer to search the house without a search warrant.
d.If police officers whom the homeowner allowed to enter his house to pursue robbers, searched the house and,
inadvertently found an unlicensed firearm, they can seize the unlicensed firearm.
19.
a.Routinary
searches may be made at boundaries and ports of entry to enforce the laws pertaining to national
security, immigration, tariff and customs, and quarantine.
b.Probable cause is required before the luggage of a passenger can be opened by customs examiner at a port.
c.Smuggled items being sold at a store can be seized without need of a search warrant.
d.Smuggled items cannot be seized inside a residential house without a search warrant.
20.
a.The warrantless seizure of an unlicensed firearm inside a bag of someone who was acting suspiciously and who
tried to flee when police officers approached is valid under the stop-and frisk rule.
warrantless seizure of a hand grenade tucked inside the waistline of someone because his eyes were
moving very fast is valid under the stop-and-frisk rule.
c.The Optical Media Board can conduct an administrative search of a business establishment licensed to engage in
the replication of optical media, in the exercise of police power.
d.The warrantless search and seizure of persons inside a house by soldiers after they had earlier been fired upon
from the house during an ongoing coup detat when the courts were closed, is valid because of exigency.
b.The
21.
a.A private
citizen inside a restaurant who heard the sound of a motor vehicle hitting someone, went out of the
restaurant, and saw a motor vehicle driving away and the victim lying on the ground can arrest the driver
without need of a warrant.
b.The complainant in a criminal case can arrest the offender if he knows that a warrant for the arrest of the offender
had been issued and he saw the offender fleeing.
c.A private person can make an arrest without a warrant if a crime has just been committed and he has probable
cause based on his personal knowledge of the facts that the person to be arrested committed it.
d.A private person can arrest without a warrant a prisoner who escaped from jail while his case is pending.
22.
a.A police officer who arrived at the scene of a shooting and saw a dead person after the killer had fled and was
informed by eyewitnesses of the identity of the killer, can arrest him without a warrant if he saw the killer
afterwards.
b.A police officer who arrived at the scene of a crime and saw a dead person and the killer, but failed to catch up
with the fleeing killer cannot arrest him without need of a warrant if the police officer sees him two days later.
c.Police officers to whom the passengers of a jeepney reported that they had just been robbed and who cruised in
their patrol car to look for the robbers can arrest them without a warrant if one of the victims was with them and
the victim identified the stolen articles in the possession of the robbers.
d.A police officer who saw a dead person at the scene of a crime, who was told by the eyewitnesses that the person
fleeing while holding a gun shot the victim, and who caught up with him can arrest him without the need of a
warrant.
23.
a.A person who was illegally arrested cannot be released if in the meanwhile a warrant was issued for his arrest.
b.A person who was illegally arrested waives the right to question the illegality of his arrest if he enters a plea
during arraignment.
c.A person who was illegally arrested waives the right to question the illegality of his arrest if he posts bail.
d.Even if the accused was illegally arrested, he can be convicted if his guilt was proven beyond reasonable doubt.
24.
a.If a freight forwarder to whom boxes were delivered by a customer to be shipped abroad, opened them without a
search warrant, saw that they contained marijuana leaves, and turned over the marijuana leaves to police
authorities, the marijuana leaves can be used as evidence against the customer.
b.If an unlicensed firearm was seized by virtue of a search warrant issued without examination of the witnesses, the
unlicensed firearm is inadmissible in evidence.
c.If a letter written by a kidnapper was illegally seized and because of its contents, the place where he hid the
ransom money was discovered, the ransom money is admissible in evidence.
d.If a knife which the accused used to kill his victim was illegally seized, the court should order its return to
accused.
25.
a.If the accused was charged with illegal possession of an unlicensed firearm and the firearm was illegally seized, it
should be returned to the accused.
b.If the accused waived the right to question the illegality of his arrest for selling marijuana, he also waived his right
to object to the admissibility in evidence of the marijuana seized during his arrest.
c.If the lawyer of the accused charged with illegal possession of marijuana did not object when it was offered in
evidence, the marijuana is admissible in evidence.
d.If a robber stole a cellular telephone and sold it to a fence, the cellular telephone was illegally seized from the
store of the fence, and the robber was charged with robbery, the cellular telephone is admissible as evidence
against him.
F.Privacy of Communication
1.One of these statements is not correct:
a.The privacy of communication can be impaired upon lawful order of the court.
b.The privacy of communication can be impaired by the executive because of public safety or order without need of
a law.
c.Incoming and outgoing letters of prisoners can be inspected by the prison authorities in the interest of security
and discipline.
authorities can inspect letters between prisoners and their lawyers only to determine if they are
communications between them but cannot read their contents.
d.Prison
c.Motion pictures can be required to be reviewed by a board before they can be allowed for public viewing.
d.The Commission on Elections can prohibit the posting of stickers on moving vehicles which express the support
of the owners for certain candidates.
b.When a restraint on freedom of speech is content-based, its validity should be subjected to the clear and present
danger test.
c.When a restraint on freedom of speech is content-based, it must be justified by a compelling government interest
and the restriction must not be overbroad or vague.
d.The validity of a law prohibiting the publication of the results of poll survey, four days before the election must be
subjected to strictest scrutiny.
b.The elements of the intermediate approach are inclusion of the regulation under the constitutional power of the
government, substantial governmental interest, absence of relation between the two, and limitation of the
restriction to what is essential.
c.The difference in the treatment of the scope of the freedom of expression of broadcast media and the print media
is due to the accessibility of the broadcast media to children.
d.The clear and present test does not apply equally to the broadcast media and the print media.
right to peaceably assemble and to petition for redress of grievances enjoys primacy in constitutional
protection.
b.A permit fior a public assembly can only be denied on the ground of clear and present danger to public order,
public safety, public convenience, public morals or public health.
c.The permit for a peaceable assembly may reasonably designate a different place or time from what was applied
for.
d.The requirement that an assembly must be held for a lawful cause makes the regulation of public assembly
content-based.
b.The foregoing does not apply to someone who is not a public official.
c.Symbolic speech, which involves actions, is protected by freedom of speech.
d.Vulgar and grossly offensive words are protected by freedom of speech.
9.The following are the guidelines for determining if a work is obscene:
a.Whether the average person, applying contemporary standards, will find the work, taken as a whole, appeals to
prurient interest.
b.A law providing that a closed shop provision in a collective bargaining agreement shall not apply to employees
who are members of religious sects which prohibit them from joining labor unions is valid.
expenditure of public funds for a legitimate secular purpose is constitutional even if it might incidentally
benefit a religious sect.
d.The government may extend financial assistance to sectarian schools if it has a seculiar legislative purpose, it
neither advances not inhibits religion, and it does not result in excessive governmental entanglement with
religion.
c.The
B.Freedom of Religion
1.One of these statements is not correct:
Ateneo Law School
Bar Review 2012
c.The expulsion of a member of a religious sect for breach of discipline can be questioned in court.
d.Strict scrutiny of compelling state interest is the test that should be adopted in case of conflict between freedom of
religion and police power in accordance with the benevolent neutrality accommodation approach.
3.One of these is not a question in the strict scrutiny test of compelling state interest:
a.Has the law created a burden on the free exercise of religion?
b.Is there a sufficiently compelling interest to justify the infringement of religious freedom?
c.Has the state used the least intrusive means?
d.Is the governmental interest unrelated to the infringement of freedom of religion?
I.Liberty of Abode and Right to Travel
A.Liberty of Abode
1.One of these statements is not correct:
a.Liberty of abode can be impaired only within the limits prescribed by law.
b.A lawful court order is required to impair liberty of abode.
c.The guarantee of liberty of abode does not prohibit hamletting.
d.A court order requiring the accused to notify it before transferring his residence during the pendency of his case is
valid.
B.Right to Travel
1.One of these statements is not correct:
a.The right to travel of a Filipino citizen does not include the right to return to the Philippines.
b.The President can impair the right to travel even without an enabling law because of his
b.Government contracts.
c.Negotiations for settlement of a sequestration case.
d.Recommendations and communications during the exploratory stage for settlement of a sequestration case.
3.One of these is not covered by the right to information:
a.Government contracts.
b.Negotiations leading to a government contract.
c.Names of the nominees of a party list group.
d.Questions and answers used in a licensure examination.
4.
a.Matters involving national security are not covered by the right to information.
b.Pleadings and other documents filed by parties to a case are not necessarily covered by the right to information.
c.A plaintiff who sued the deceased for damages has no right to examine the inventory of assets filed in the
proceeding to settle the estate of the deceased.
power of eminent domain can be delegated by a law granting general authority to expropriate private
property.
b.The power of eminent domain can be delegated to public utilities.
c.The power of eminent domain cannot be delegated to mining companies.
d.The courts can review if an authority given the power of eminent domain is acting within its scope.
compensation refers to the fair market value of the property sought to be expropriated at the time of its
taking.
b.The presidential decree conclusively fixing the just compensation at the market value declared by the owner or
determined by the assessor, whichever is lower, is void.
c.The law authorizing the Department of Agrarian Reform to determine the just compensation for land being
expropriated but subject to judicial is valid.
d.Making the just compensation for agrarian reform partially in the form of bonds is unconstitutional,
b.The owner of the property expropriated is entitled to an award of legal interest in case of delay in the payment of
just compensation.
c.The owner of the property expropriated can recover the property if the government fails to pay just compensation
within five years from finality of the judgment in the expropriation case.
d.If the purpose for which the property was expropriated was abandoned, the owner can ask for its return.
M.Prohibition against Impairment of the Obligation of Contracts
1.One of these statements is not correct:
a.A law impairs the obligations of a contract if it changes its terms between the parties, either in the time or mode of
performance, imposes new conditions, dispenses with those expressed, or authorizes for its satisfaction
something different from that provided in its terms.
b.Timber licensing agreements are not contracts but licenses and can be cancelled when so required by national
interest.
c.Mining agreements are licenses and can be cancelled when so required by national interest.
d.Remedies for enforcement of contracts cannot be repealed retroactively.
d.The provisions of existing laws which are pertinent to a contract are deemed incorporated into the contract.
3.One of these statements is incorrect:
a.The value added tax can be extended to existing contracts because the reservation of the power of taxation is
deemed incorporated in contracts.
b.A tax exemption conferred by law can be repealed, but the repeal cannot be applied to existing contracts.
c.The prohibition against the impairment of the obligations of contracts is subject to the police power of the State.
d.The prohibition against the impairment of the obligations of contracts is subject to the social justice provision in
the Constitution.
b.A law prohibiting the sale of blood to commercial blood banks by requiring the closure of commercial blood banks.
c.A law requiring the buyer at the foreclosure sale of lots mortgaged by a real estate developer to deliver to lot
buyers who have fully paid their titles even if the buyer at the foreclosure sale has not been fully paid for the
total debt is unconstitutional.
d.A law authorizing lot buyers on installment basis to suspend payment if the real estate developer failed to develop
the subdivision can be applied retroactively.
b.When a police investigator asks a person under custody if he knew who committed a crime.
c.When police investigators investigating a killing asked several laborers in a construction site where they were at a
certain time.
c.If he wishes to be assisted by a lawyer and cannot afford to hire a lawyer, he must be asked if he will agree to be
given a lawyer.
d.He need not be informed that if he wishes to waive his constitutional rights, he must be assisted by a lawyer.
8.One of these statements is not correct:
a.The lawyer assisting a suspect under investigation must explain his constitutional rights, the consequences of his
waiver of his rights, the admissibility of his confession, and the possibility of his conviction.
b.The lawyer assisting a suspect must be present during his waiver of his constitutional rights and during the entire
duration of the investigation.
c.If a suspect remains silent while his co-accused implicated him during an investigation, his silence cannot be used
against him as implied admission of guilt.
d.When an extrajudicial confession of the accused is offered in evidence against him, it is presumed that official
duty was regularly performed during the investigation.
if he is:
a.Public prosecutor
b.Mayor
c.City attorney
d.Lawyer provided by the investigator
10.The lawyer assisting a suspect under investigation is independent if he is a:
a.Punong Barangay
b.Lawyer in the staff of the mayor
c.Lawyer regularly engaged by police investigators for suspects
d.A lawyer from the Public Attorneys Office
11.One of these statements is not correct:
a.A retired government lawyer is an independent lawyer for a suspect.
b.For an extrajudicial confession to be admissible; (1) it must be voluntary;
O.Right to Bail
1.One of these statements is not correct:
a.The right to bail cannot be waived.
b.The right to bail does not apply to court martial proceedings.
c.The right to bail in extradition proceeding is not based on the Constitution.
d.The right to bail is not suspended if the privilege of the writ of habeas corpus is suspended.
2.One of these statements is not correct:
a.A detained person can apply for bail even if he has not yert been charged in court.
b.The constitutional right to bail subsists even during appeal.
c. Bail may be denied if the accused is charged with an offense punishable by reclusion
perpetua or a higher
penalty and the evidence of guilt is strong.
d.A Senator may be granted bail even if he is charged with an offense punishable by reclusion perpetua and the
evidence of guilt is strong if the likelihood of his escaping is almost nil.
b.If
Q.Presumption of Innocence
1.One of these statements is not correct:
a.A law creating a presumption of guilt is valid if the prosecution is required to prove certain facts, the inference of
guilt has a logical connection to the facts proven, and the accused is given the opportunity to rebut the
presumption.
b.A presumption that an accountable officer who failed to produce the money under his charge upon demand is
presumed to have malversed it is valid.
c.A presumption that a drawer of check which was dishonored for insufficiency of funds was aware of it when he
drew the check acted with deceit if he failed to deposit the amount to cover the check within three days from
receipt of notice is valid.
d.The presumption that the possessor of a stolen article was the fence who bought it from the thief or robber is
unconstitutional.
presumption that the drawer of check which was dishonored for insufficiency of funds knew of the
insufficiency if he did not pay the holder within five days after notice of dishonor is valid.
b.The presumption that the possessor of fish caught by using illegal methods is presumed to have engaged in
illegal fishing is valid.
c.The presumption that a public officer who acquired property during his incumbency in an amount manifestly out of
proportion to his salary and other legal income acquired the property unlawfully is valid.
d.The accused who failed to testify can be presumed to be guilty.
accused can waive his right to counsel if he is competent to protect his rights without the assistance of
counsel.
b.The conviction of the accused should be set aside if it turned out that the person who defended him was not a
lawyer but an impostor.
c.The conviction of the accused should be set aside if the lawyer who represented him is guilty of simple negligence
in handling his defense.
d.The conviction of the accused should be set aside if the lawyer who defended him was grossly negligent.
S.Right to be Informed
1.The bases for the right to be informed does not include:
a.To enable the accused to prepare his defense.
b.To enable the accused to invoke his right against double jeopardy.
c.To enable the court to determine in case it will convict the accused that the facts alleged are sufficient to support a
conviction.
c.An accused charged with highway robbery with homicide can be convicted of robbery with homicide instead.
d.An accused charged with estafa can be convicted of theft instead.
4.One of these statements is correct:
a.An accused charged with malversation cannot be convicted of estafa.
b.An accused charged separately with murder and robbery can be convicted of robbery with homicide.
c.A father charged with raping his daughter can be convicted of qualified seduction instead.
d.An accused charged with acts of lasciviousness can be convicted of attempted rape instead.
5.One of these statements is not correct:
a.An accused charged with estafa for issuing a check which was dishonored for lack of funds cannot be convicted
for violation of Batas Pambansa Blg. 22 instead.
b.An accused charged with rape cannot be convicted of grave coercion instead.
c.An accused charged with falsification of a commercial document cannot be convicted of violation of Section 3 (e)
of the Anti-Graft and Corrupt Practices Act instead for causing undue injury to the Government.
d.An accused charged with falsification of a public document under Article 171 of the Revised Penal Code cannot
be convicted under Article 172 instead.
b.If
an information charging several accused did not contain an allegation of conspiracy, each accused can be
convicted only for his own acts.
b.If the information for rape alleged that the accused was the father-in-law of the victim but the evidence proved
that he was the common-law spouse of the mother of the victim, the accused cannot be convicted of qualified
rape.
c.If the information alleged that the accused was the uncle or cousin of the victim but did not allege he was a
relative within the third civil degree, the accused cannot be convicted of qualified rape.
d.If the information alleged that the accused was the brother of the victim but did not allege that he was a relative
within the second civil degree, the accused cannot be convicted of qualified rape.
a.The right to a speedy trial means a trial free from unreasonable delay.
b.In determining if the right of the accused to a speedy trial was violated, the length of the delay, the reason for the
delay, the assertion or non-assertion of the right of the accused, and prejudice to the accused should be
considered.
c.Delay in filing a criminal case against the accused violates his right to a speedy trial.
d.The failure of the accused to complain when his case was not decided for nine years constitutes waiver of his
right to a speedy trial.
test for determining if the right of the accused to a public trial violated is whether the public was actually
excluded from the place where the trial was held.
b.The holding of a trial inside the chambers of the judge instead of the courtroom violates the right of the accused
to a public trial.
c.The court can exclude the public from the courtroom for the sake of decency or public morals.
d.The accused can waive his right to a public trial.
V.Right of Confrontation
1.One of these statements is not correct:
a.
b.
c.
d.
The affidavit of a witness who was not presented in court cannot be used as evidence against the accused.
The decision against the accused in a case for estafa cannot be used as evidence against him in a case for
large scale illegal recruitment.
The testimony of a witness against the accused should be stricken out if his cross-examination had barely
started.
Even if a witness was extensively cross-examined, his testimony should be stricken out if the cross-examination
was not completed for failure of the witness to appear.
c.The court cannot limit the time for further cross-examination of a witness even if he has been cross-examined for
seven days.
X.Right to Be Present
1.One of these statements is not correct:
a.The accused may be tried in absentia if he has already been arraigned, he was duly notified, and his failure to
appear was unjustifiable.
b.If the accused waived his right to be present, he cannot be compelled to appear for identification by witnesses
against him.
c.The accused can be compelled to appear if he stipulated that the witnesses against him could identify him.
d.The accused is deemed to have waived his right to be present if he escaped.
Y.Right to Speedy Disposition of Cases
Ateneo Law School
Bar Review 2012
c. The delay in the disposition of a case is excused if the issues are complex.
d.A delay of almost three years in the resolution of the preliminary investigation of a case is not unreasonable.
Z.Right Against Self-Incrimination
1.One of these statements is not correct:
a.The right against self-incrimination cannot be invoked by a corporation, because it is available to natural persons
only.
b.The right against self-incrimination cannot be invoked against the presentation of object evidence.
c.The right against self-incrimination cannot be invoked by a public officer against the production of public records
of employees in his office.
d.The right against self-incrimination does not apply to production of the private papers of the accused.
2.One of these statements is not correct:
a.The right against self-incrimination is applicable to a civil case for forfeiture of property.
b.The right against self-incrimination is applicable to an administrative case which is disciplinary in character.
c.An accused can be compelled to give specimens of his handwriting.
d.A suspect can be required to put his foot in a plaster cast of a footprint found at the scene of a crime.
3.One of these statements is not correct:
a.The positive result of the examination of the accused in a rape case for sexually transmitted disease can be used
as evidence against him if the victim contracted the same disease as a result.
b.A suspect can be fingerprinted to see if his fingerprints match those taken from the scene of the crime.
c.A suspect in a murder case can be compelled to submit to a paraffin test.
d.A suspect cannot be compelled to try a wearing apparel left at the scene of a crime.
4.One of these statements is not correct:
a.A suspect can be required to take part in a police line-up.
b.A driver can be subjected to a blood test to determine if he was drunk while driving.
c.An accused charged with rape cannot be required to submit to a DNA test.
d.The hands of a suspect in a case for selling marijuana can be subjected to ultra-violet ray radiation to determine if
he touched the money dusted with fluorescent powder paid to him.
be immune from
criminal prosecution but their testimonies cannot be used against them.
d.A law can require persons to testify even if their testimony will be incriminating but they can no longer be
prosecuted for the crime they committed.
c.A court stenographer cannot be cited for contempt to compel him to transcribe his stenographic notes.
d.Striking employees may be required by law to return to work.
BB.Prohibited Punishments
1.One of these statements is not correct:
a.A penalty is cruel and inhuman if it involves torture or wanton suffering.
b.A penalty is degrading if it unnecessarily humiliates the convict.
c.The imposition of the death penalty by lethal injection is constitutional.
d.Solitary confinement is unconstitutional.
2.One of these statements is not correct:
a.The mere fact that a penalty is severe does not make it constitutional.
b.A penalty is unconstitutional if it is so disproportionate to the crime as to shock the moral sense of reasonable
men as to what is proper.
c.To determine if a penalty is excessive, the nature and gravity of the offense, the harshness of the penalty, the
moral depravity of the convict, the severity of the penalty for other comparable crimes, the attitude of the public,
and the legislative purpose should be considered.
d.Imprisonment for 15 years as a penalty for falsification of a public document is not excessive.
Pambansa Blg. 22, which penalizes the issuance of a check without funds to pay for an obligation, is
constitutional.
b.The Trust Receipts Law, which penalizes failure to comply with the obligation of a trustee to pay the trustor, is
constitutional.
c.Subsidiary imprisonment can be imposed upon a convict for failure to pay the fine imposed upon him,
d.A contractor who bound himself to render personal services can be cited for contempt for failure to comply with a
court decision for specific performance.
b.The dismissal of a case because the information did not charge an offense does not give rise to double jeopardy.
c.The motu proprio dismissal of a case by the court because the accused should not be tried, for lack of probable
cause will give rise to double jeopardy.
d.The dismissal of a case because the information filed by a city prosecutor involved an offence committed outside
the city will not give rise to double jeopardy.
b.The filing by the accused of a manifestation stating that he was pleading not guilty is not a valid way of pleading.
c.The arraignment of the accused for a charge of homicide while the heirs of the victim had a pending appeal to the
Secretary of Justice to amend the charge to murder is not valid.
d.The entry by the court of a plea of not guilty for the accused because of his refusal to enter a plea cannot give
rise to double jeopardy.
double jeopardy.
conviction of the accused for an offense lesser than the one charged in the information will preclude the
appellate court from convicting the accused of the crime charged if the accused moved to withdraw his appeal
even if the motion was denied.
d.The first jeopardy is terminated in case of the conviction of the accused, his acquittal, the dismissal of the case, or
the termination of the case.
c.The
b.The conviction of the accused for rape based on his offer to plead guilty on condition he would be given a light
penalty, which the court granted, will give rise to double jeopardy.
c.The dismissal of a case because of the execution by the complainant of an affidavit of desistance will not give rise
to double jeopardy.
withdrawal of the case by the prosecution after the arraignment of the accused will give rise to double
jeopardy.
d.The
b.There is identity of offenses if an offense is an attempt or frustration of the other offense or necessarily includes or
is necessarily included in the other offense.
c.Prosecution for one of the offenses constituting a complex crime will not bar a separate prosecution for the other
offense included in it.
d.If several persons were injured because of the same act of reckless imprudence, separate cases cannot be filed
for each of them.
b.A drawer of a check which was dishonored for lack of funds can be charged with estafa and violation of Batas
Pambansa Blg. 22.
c.A person who recruited workers and had no license can be charged with estafa and illegal recruitment.
d.A public officer who falsely certified that a project was completed can be charged with falsification of
a public
document and violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act for causing injury to the
government.
the accused was acquitted for failure of the complaining witness to appear at the scheduled hearing, the case
can be reinstated.
b.If an accused was acquitted because of political pressure on the trial judge, the acquittal can be set aside.
c.The acquittal of an accused because the prosecutor rested the case despite his awareness that he had not yet
presented sufficient evidence can be set aside.
d.The acquittal of the accused because of the gross misappreciation of the evidence by the trial court can be set
aside.
b.The
b.If an accused charged with murder and convicted of homicide appealed, the accused can be convicted of murder
on appeal.
the accused charged with rape was acquitted on reasonable doubt, the complainant can appeal for the sole
purpose of recovering civil damages.
d.If an accused charged under the Trust Receipt Law was adjudged civilly liable for the obligation secured by the
trust receipt but for a lesser amount than the amount actually due, the complainant can appeal to have the
amount increased.
c.If
b.A
c.The Anti-Money Laundering Council cannot look into deposits of foreign currency made before the effectivity of
d.A
4,
a.A law providing for the transfer of criminal cases to another court is not ex post facto.
b.A law expanding the jurisdiction of the Sandiganbayan is not ex post facto.
c.A law prohibiting lessees from sub-leasing without the written consent of the lessor is not ex post facto.
d.A law penalizing a real estate developer who continues in his failure to deliver the title to a buyer who has paid in
full for the lot he is buying after the effectivity of the law penalizing it is ex post facto.
FF.Writ of Amparo
1.One of these statements is not correct:
a.A writ
of amparo is a remedy available to any person whose right to life, liberty and security is violated and
threatened with violation by an unlawful act of a public official or employee, or of a private individual or entity.
b.The writ of amparo covers extralegal killings and enforced disappearances or threats of them.
c.The writ of amparo is preventive and curative, because it breaks the expectation of impunity in extralegal killings
and enforced disappearances and facilitates the punishment of the perpetrators as it will yield leads to
investigation and action.
d.The right to security is not independent of the right to liberty.
right to security includes (i) freedom from fear; (ii) guarantee of bodily and psychological integrity or
security; (iii) guarantee of protection of ones rights by the government.
b.The writ of amparo is not a remedy to determine criminal guilt, liability for damages, or administrative
responsibilities.
c.In a petition for a writ of amparo, a military commander cannot be included either on the basis of command
responsibility or accountability due to acquiescence.
d.The writ of amparo is not available to protect concerns that are purely property or commercial, such as, the
ejectment of defendants in a forcible entry case.
a.The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or security is
violated or threatened by an unlawful act or omission of a public official or employee or of a private individual or
entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home
and correspondence of the aggrieved party.
b.The writ of habeas data is not available to compel an employer to give information regarding alleged threats
which were the basis of its decision to transfer an employee.
c.The writ of habeas is not available to protect property or commercial rights, such as, the employment of an
employee who was transferred.
d.The writ of habeas data is available to compel the police authorities to produce a report regarding the burning of
the houses of defendants in an ejectment case after they were given a police certification regarding the
incident.
XI.
Citizenship
b.For the child of a Filipino mother who was born before January 17, 1973 to be a Filipino citizen, he must elect
Philippine citizenship upon reaching the age of majority.
c.For the election of Filipino citizenship by the child of a Filipino mother who was born before January 17, 1973 to
be valid, he must sign a sworn statement expressing his election of Philippine citizenship accompanied with an
oath of allegiance and file it with the civil registry within 3 years from his reaching the age of majority.
d.If the foreign father of a child born of a Filipino mother before January 17, 1973 became a naturalized Filipino
citizen during the minority of the child, the child must still elect Philippine citizenship upon reaching the age of
majority.
natural-born Filipino citizen is one who is a Filipino citizen from birth without having performed any act to
acquire or perfect his Philippine citizenship.
b.The child of a Filipino mother who was born before January 17, 1973 and who elected Philippine citizenship is a
natural-born Filipino citizen.
c.A natural-born Filipino citizen who became a naturalized citizen of a foreign country and repatriated is not a
natural-born Filipino citizen.
d.Except in the cases where the Constitution makes a distinction between a natural-born Filipino citizen and a
naturalized Filipino citizen, a law cannot make a distinction between the two.
foreign woman who marries a Filipino husband acquires Philippine citizenship if she might be lawfully
naturalized.
b.To establish that she might be lawfully naturalized, the foreign woman who married a Filipino husband need not
prove she possesses the required qualifications but only that she possesses none of the disqualifications.
c.To establish that she might be lawfully naturalized, a foreign woman who married a Filipino husband must file in
court a petition for naturalization.
d.To establish that she might be lawfully naturalized, a foreign woman who married a Filipino husband can file with
the Bureau of Immigration a petition for cancellation of her alien certificate of registration.
naturalization established permanent residence in a foreign county within 5 years after the grant of his
Philippine citizenship.
c.The naturalized person, his wife, or children who acquired Philippine citizenship allows himself to be used as a
dummy in violation of naturalization laws.
d.The naturalized person, his wife, or children who acquired citizenship committed a crime involving moral
turpitude.
foreign spouse can reacquire Philippine citizenship by taking an oath of allegiance to the Republic of the
Philippines and registering it with the civil registry and the Bureau of Immigration.
b.Under Republic Act No. 9225, natural-born Filipinos who lost their Philippine citizenship by reason of
naturalization in a foreign county may reacquire Philippine citizenship by taking an oath of allegiance to the
Republic of the Philippines.
c.Unmarried minor children of repatriates shall also be deemed citizens of the Philippines.
d.A Filipino citizen who repatriated can run for elective office without need of renouncing any foreign citizenship.
XII.
Accountability
A.Impeachment
1.One of these is not removable by impeachment:
a.The President 176
b.The Vice President177
c.The Members of the Supreme Court 178
d.Other public officers provided by law179
2.One of these is not removable by impeachment:
a.The Chairmen of the Constitutional Commissions 180
b.The Commissioners of the Constitutional Commissions 181
c.The Ombudsman 182
176
b.A
183
a.The concurrence of at least two-thirds of all the Members of Senate is necessary to convict in an impeachment
case. 204
impeachment proceeding can be initiated against the same official more than once within a period of one
year. 205
c.The one-year prohibition for filing another impeachment case against the same official is counted from the time of
filing and referral of the verified complaint to the proper committee of the House of Representatives or the filing
of another complaint by the required number of votes of the House of Representatives. 206
d.The one-year prohibition against filing another impeachment case against the same official is counted from the
time the proper committee to which it was referred finds the complaint is sufficient in form and substance or the
House of Representatives overrides the contrary resolution of the proper committee. 207
b.No
c.The salaries of the Ombudsman and the Deputy Ombudsmen cannot be decreased during their term of office. 222
204
d.The Office of the Ombudsman does not enjoy fiscal autonomy. 223
3.One of these statements is not correct:
a.A naturalized Filipino citizen may be appointed Ombudsman or Deputy Ombudsman. 224
b.The Ombudsman and the Deputy Ombudsmen must be at least 40 years of age
Ombudsman and the Deputy Ombudsmen must not have been candidates for any elective office in the
immediately preceding election. 228
b.Deputy Ombudsmen must have for at least ten years been judges or engaged in the practice of law in the
Philippines. 229
c.The Ombudsman and the Deputy Ombudsmen are subject to the same disqualifications and prohibitions as the
Members of the Constitutional Commission. 230
d.The Ombudsman and the Deputy Ombudsmen cannot run for any office in the election immediately succeeding
their cessation from office.231
Ombudsman and the Deputy Ombudsmen are appointed by the President from the list of nominees
submitted by the Judicial and Bar Council. 232
b.The Ombudsman and the Deputy Ombudsmen have the same rank and salaries as the Chairman and Members
of the Constitutional Commissions. 233
c.The term of the Ombudsman and the Deputy Ombudsmen is seven years. 234
d.The Deputy Ombudsmen can be reappointed. 235
223
c.The
decision of the Ombudsman in administrative cases against public officials are appealable to the Court of
Appeals. 242
d.Review of the resolution of the Ombudsman in preliminary investigation of criminal cases should be sought by
filing a petition for certiorari in the Supreme Court. 243
A.National Patrimony
1.One of these statements is not correct:
a.According to the regalian doctrine, all lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or lumber, wildlife, flora and fauna and other natural
resources are owned by the State. 248
b.A corporation contracted by the government to reclaim the foreshore and submerged areas cannot be given any
portion of the reclaimed land, because they belong to the public domain and private corporations cannot
acquire land of the public domain. 249
c.The National Housing Authority cannot grant to a private corporation a portion of the foreshore land it was
contracted to reclaim for a housing project as compensation. 250
d.Airwave frequencies belong to the State as part of its natural resources. 251
c.Foreigners cannot engage in growing prawns and shrimps even if they will not use water coming from a natural
source. 254
d.All natural resources, with the exception of agricultural land, cannot be alienated. 255
3.One of these statements is not correct:
a.The exploration, development, and utilization of natural resources shall be under the full control and supervision
of the State. 256
b.The State may directly undertake the exploration, development, and utilization of natural resources.257
242
c.The
State may enter into a co-production, joint venture, or production-sharing agreement for the exploration,
development, and utilization of natural resources with Filipino citizens or corporations or association at least
sixty percent of whose capital is owned by Filipino citizens. 258
d.Filipino citizens may not be allowed to engage in small-scale utilization of natural resources without the
participation of the State. 259
developments, and utilization of minerals, petroleum, and other mineral oil, are those involving technical or
financial assistance. 260
b.A corporation which entered into a timber licensing agreement for twenty-five years, which was renewed for
twenty-five years, cannot afterwards apply for an integrated forest management agreement. 261
c.In the case of water rights for irrigation, water supply, fisheries, or industrial uses, beneficial use may be the
measure and limit of the grant. 262
d.In the case of water rights for the development of water power, beneficial use cannot be the measure and limit of
the grant. 263
an area of not more than 1,000 hectares and for not more than twenty-five years, renewable for not more than
twenty-five years. 264
b.Filipino citizens may lease not more than 500 hectares of alienable lands of the public domain. 265
c.Private corporations cannot purchase disposable land of the public domain which a Filipino citizen occupied under
a bona fide claim of ownership since June 12, 1945 but was not applied for judicial confirmation. 266
d.Filipino citizens may acquire not more than twelve hectares of disposable public land by purchase, homestead, or
grant. 267
foreign husband of a Filipino woman who sold a parcel of land she acquired by purchase during their
marriage cannot have the sale of the land made without his marital consent annulled. 268
b.The foreign husband of a Filipino wife can ask for separation of properties and the disposition of the parcel of
land she acquired with funds from him to enable him to recover his money.269
c.A Filipino citizen who sold a parcel of land to a foreigner can sue him to recover the parcel of land.270
d.A Filipino citizen who sold a parcel of land to a foreigner cannot sue to recover it if the foreigner resold it to a
Filipino citizen. 271
Ibid
Ibid
260 La Bugal-B-Luau Tribal Association, Inc. vs. Ramos, 445 SCRA 1
261 Alvarez vs. PICOP Resources, Inc. 606 SCRA 444
262 Section 2, Article XII of the Constitution
263 Ibid
264 Section 3, Article XII of the Constitution
265 Ibid
266 Republic vs. Court of Appeals, 19 SCRA 449
267 Section 3, Article XII of the Constitution
268 Cheesman vs. Intermediate Appellate Court, 193 SCRA 93
269 Muller vs. Muller, 500 SCRA 65
270 Philippine Banking Corporation v. Lui Sho, 21 SCRA 52
271 Borromeo vs. Descallar, 580 SCRA 175
272 De Castro vs. Tan, 129 SCRA 85
273 Osmea vs, Osmea, 611 SCRA 164
274 Halst vs. PR Builders, Inc. 566 SCRA 333
259
b.A foreigner who incorporated himself as a corporation sole cannot own private land even if at least sixty percent
of the members under his authority are Filipino citizens. 277
countries can acquire private land in the Philippines for their embassies and consulates and the
residences of their diplomatic and consular representatives. 280
b.Foreigners can own other classes of real properties in the Philippines.281
c.Foreigners cannot be granted usufruct over private land. 282
d.Private land can be leased to foreigners. 283
B.
National Economy
preference to qualified Filipinos in the grant of rights, privileges, and concessions covering the national
patrimony includes cultural heritage. 288
b.A foreign corporation may own the facilities and equipment being used by a public utility to serve the public,
because it is not a public utility. 289
c.A petroleum company which refines oil it imported and is not doing so as a service to other parties is not a public
utility. 290
d.A shipyard is a public utility. 291
275
Strategic Alliance Development Corporation vs. Radstock Secrurities, Ltd., 607 SCRA 413
J.G. Summit Holdings, Inc. vs. Court of Appeals, 450 SCRA 169
277 Roman Catholic Apostolate Administrator of Davao, Inc. vs. Land Registration Commission, 102 Phil. 596
278 Section 7, Article XII of the Constitution
279 Section 8, Article XII of the Constitution
280 Opinion of the Secretary of Justice No. 157, September 12, 1995.
281 J.G. Summit Holdings, Inc. vs. Court of Appeals, 450 SCRA 169
282 Ramirez vs. Vda. de Ramirez, 111 SCRA 704
283 Moreno-Loutfer vs. Wolff, 441 SCRA 584
284 Presidential Decree No. 471
285 Section 4, Republic Act No. 7652
286 Section 1, Republic Act No. 133
287 Section 18, Republic Act No. 9506
288 Manila Prince Hotel vs. Government Service Insurance System, 267 SCRA 408
289 Tatad vs. Garcia, 243 SCRA 36
290 Bagatsing vs. Committee on Privatization, 246 SCRA 344
291 JG Summit Holdings, Inc. vs. Court of Appeals, 412 SCRA 10
292 People vs. Quasha, 93 SCRA 337
276
b.A law granting a franchise to a public utility which provides that it will pay a franchise tax of two percent of its
gross receipts, which will be in lieu of all other taxes, can be amended to authorize local government units to
tax it. 293
c.A law requiring all radio and television broadcast companies to provide free time for political advertisements is
constitutional. 294
d.The authority to operate a tollway facility can be extended for more than 50 years. 295
political
rights. 305
c.The Commission on Human Rights has no authority to issue writs of injunction.306
d.The power of the Commission on Human Rights to investigate violations of human rights is limited to those
committed by public officers. 307
X.Academic Freedom
b.A State university can retain a faculty member who extended without permission his leave without pay beyond
one year. 309
c.An institution of higher learning may terminate a faculty member at any time.310
293
d.An institution of higher learning may terminate a faculty member for immoral conduct.311
2.One of these statements is correct:
a.The academic freedom of a faulty member is his right to pursue his studies in his peculiar specialty and to make
known the result of his endeavors without being subjected to penalties in case his conclusions are
unacceptable to some authorities. 312
b.A faculty member can assign reading materials to his students, hold a weekly tutorial meeting, give them quizzes,
and require term papers instead of holding regular classes. 313
c.Because of academic freedom, an institution of higher learning can refuse to re-enroll a student who was admitted
for a course. 314
d.An institution of higher learning can refuse to re-enroll a student who did not satisfy its academic standards.315
c.A student who failed to comply with the requirements of an institution of higher learning for graduating with honors
cannot compel it to confer graduation honors upon her. 318
d.An institution of higher learning can revoke the degree it conferred upon a student after finding that the thesis of
the student was plagiarized. 319
c.The
a.
311