Professional Documents
Culture Documents
Consti+2 (Reviewer) PDF
Consti+2 (Reviewer) PDF
Consti+2 (Reviewer) PDF
X. Bill of Rights
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
1.One of these statements is not correct:
a.The following are the requisites for the valid exercise of police power: a) the interests of the public generally, as
distinguished from those of a particular class, should justify the interference of the state, and b) the means
employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive. 5
b.The following are the requisites for the valid exercise of the power of eminent domain: a) the property must be
taken for public use; and b) just compensation must be paid for it. 6
c.The following are the requisites for the valid exercise of power of taxation: a) it must not violate due process,7 b)
it must be uniform and equitable, 8 and c) it must be for a public purpose.9
d.The exercise of police power, the power of eminent domain, and the power of taxation is limited by the
constitutional prohibition against the impairment of the obligations of contracts.
2.One of these statements regarding the similarities of police power, the power of eminent domain, and the power of taxation
is not correct:
a.Police power affects liberty and property. 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
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
4.One of these statements is not correct:
a.The right to due process in civil cases includes the right of cross-examination.33
b.Because of the right to due process, a law cannot deny the right to appeal. 34
c.The right to due process is not violated if the right to appeal is made subject to certain conditions. 35
d.The right to due process of a party is violated if he was prejudiced because of the gross negligence of his
lawyer. 36
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 before every
examination and until the examination day. 76
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
unwarranted benefits is not vague. 89
b.The provision of the Anti-Graft and Corrupt Practices Act penalizing a public officer who enters into a contract
which is manifestly and grossly disadvantageous to the government is not vague. 90
c.The provision of the Anti-Graft and Corrupt Practices Act penalizing a relative of the President who intervenes in a
government contract is not vague. 91
d.Article 202 of the Revised Penal Code, which penalizes any person found loitering about public or semi-public
places or wandering without visible means of support is vague. 92
75 Carlos Superdrug Corporation vs. Department of Social Welfare and Development, 526 SCRA 130
76 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 Tañada, 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
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
95 Securities and Exchange Commission vs. Interport Resource Corporation, 567 SCRA 354
96 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
107
108 Kilusang Mayo Uno vs. Director General, National Economic Development Authority, 487 SCRA 623
109 Social Justice Society vs. Dangerous Drugs Board, 570 SCRA 410
110 Ibid
111 Ibid
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
b.Requiring the transfer every four years of the election officers assigned to cities or municipalities without imposing
the same requirement on other employees of the Commission on Elections. 129
c.Allowing local government units to grant allowances to national government officials assigned to them but
excluding auditors. 130
d.Considering appointive officials as resigned upon filing of their certificates of candidacy while allowing elective
officials to run for another elective office without forfeiting their office. 131
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
d.For a warrant to be valid, the following requisites must concur: 1) it must be issued upon probable cause; 2) the
probable cause must be personally determined by the judge; 3) in the determination of the probable cause,
the judge must examine under oath or affirmation the complainant and his witnesses; and 4) the warrant must
particularly describe the place to be searched and the persons or things to be seized. 147
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.
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.
c.Checkpoints can be set up if there is an exigency that justifies them.
d.Checkpoints can be set up during the period that the bringing of guns was banned because of the election.
17. One of these statements is not correct:
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.
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. One of these statements is not correct:
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.
b.The 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 d’etat when the courts were closed, is valid because of exigency.
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. One of these statements is not correct:
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.
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. One of these statements is incorrect:
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.
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.
d.Prison authorities can inspect letters between prisoners and their lawyers only to determine if they are
communications between them but cannot read their contents.
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.Freedom of Religion
1.One of these statements is not correct:
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 duty to protect the
people, to maintain peace and order, and to promote their general welfare.
c.An executive officer authorized by law can impair the liberty to travel in the interest of national security, public
safety or public health without the need of a court order.
d.The grounds of national security, public safety and public interest for impairment of the right to travel applies to
court orders.
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. One of these is not covered by the right to information:
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.
d.Government agencies may regulate the manner of inspection of government records.
K.Right to Form Associations
1.One of these statements is not correct:
a.The right to form associations is limited by police power.
b. Government employees can form labor unions but are not allowed to go on strike.
c.Managerial employees may be prohibited from forming labor unions.
d. It is unconstitutional to prohibit political parties from participating in barangay elections.
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.
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 Attorney’s 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; (2) it must be made with the assistance
of competent and independent counsel; (3) it must be express; and (4) it must be in writing.
c.If an extra-judicial confession is inadmissible in evidence, evidence discovered because of it is also inadmissible.
d.Extrajudicial confessions which are inadmissible in evidence against those who gave them are admissible in
evidence against their co-accused.
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.
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.
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.
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
BAR REVIEWER ON POLITICAL LAW
CONSTITUTIONAL LAW 2 (Bill of Rights onwards) | ATTY. JACK JIMENEZ
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.
3.One of these statements is not correct:
a.Reclusion perpetua as a penalty for robbery with homicide is not excessive.
b.Reclusion temporal as a penalty for malversation of P22,000 is not excessive.
c.Life imprisonment as a penalty for selling prohibited drugs is not excessive.
d.Reclusion perpetua as a penalty for estafa involving P1,000,000 is excessive.
CC.Prohibition against Imprisonment for Debt and Non-Payment of Poll Tax
1.Imprisonment cannot be imposed as a penalty for violation of one of these sources of obligations:
a.Law
b.Contracts
c.Quasi-contracts
d.Delicts
e.Quasi-delicts
2.One of these statements is not correct:
a.A poll tax is a tax of a fixed amount imposed upon each person.
b.Fraud in contracting an obligation can be penalized.
c.A husband cannot be cited for contempt for disobedience to a court order to pay support to his family.
d.A lessee cannot be cited for contempt for failure to pay the back rentals awarded in a court decision.
3.One of these statements is not correct:
a.Batas 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.
d.If several persons were injured because of the same act of reckless imprudence, separate cases cannot be filed
for each of them.
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.
2.One of these statements is not correct:
a.The right to security includes (i) freedom from fear; (ii) guarantee of bodily and psychological integrity or
security; (iii) guarantee of protection of one’s 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
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
183 Office of the Ombudsman vs. Court of Appeals, 452 SCRA 714
184 Section 2, Article XI of the Constitution
185 Ibid
186 Ibid
187 Ibid
188 Section 2, Article XI of the Constitution
189 Ibid
190 Ibid
191 Ibid
192 Record of the Constitutional Commission, Vol. II, p. 272
193 Ibid
194 Ibid
195 Record of the Constitutional Commission, Vol. II, p. 286
196 Record of the Constitutional Commission, Vol. II, p. 272
197 Ibid
198 Ibid
199 Record of Constitutional Commission, Vol. II, p. 286
200 Section 3 (2), Article XI of the Constitution
201 Section 3 (3), Article XI of the Constitution
202 Section 3 (4), Article XI of the Constitution
203 Romulo vs. Yniquez, 141 SCRA 263
a.The concurrence of at least two-thirds of all the Members of Senate is necessary to convict in an impeachment
case. 204
b.No 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
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 at the time of their
appointment. 225
c.The Ombudsman and the Deputy Ombudsmen must be of recognized probity and independence.226
d.The Ombudsman and the Deputy Ombudsmen must be members of the Philippine bar.227
4.One of these statements is not correct:
a.The 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
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
2.One of these statements is not correct:
a.The ancestral lands and ancestral domains of indigenous peoples are not part of the public domain.252
b.The natural resources within ancestral lands and ancestral domains belong to the State in accordance with the
regalian doctrine. 253
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
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
258 Ibid
259 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 Osmeña vs, Osmeña, 611 SCRA 164
274 Halst vs. PR Builders, Inc. 566 SCRA 333
B. National Economy
275 Strategic Alliance Development Corporation vs. Radstock Secrurities, Ltd., 607 SCRA 413
276 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
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
3.One of these statements Is not correct:
a.The grant of a franchise to a telecommunications company which encroaches upon the area of service of another
telecommunications company is not valid. 296
b.A law may authorize foreigners to practice their professions in the Philippines.297
c.A private corporation cannot be created by a special law. 298
d.Congress can pass a law allowing a monopoly. 299
4.One of these statements is not correct:
a.A law imposing a tariff duty of three percent on imported crude oil and a tariff duty of seven percent on imported
refined oil is in restraint of trade. 300
b.A law requiring petroleum companies to maintain a minimum inventory equal to ten percent of their annual sales
or supply for forty days is in restraint of trade. 301
c.A provision in a contract between a company and a salesman prohibiting the salesman from selling the products
of other companies, whether or not they are competing products, is in restraint of trade. 302
d.The Monetary Board can issue regulations governing foreign loans.303
XIV. Social Justice and Human Rights
X.Academic Freedom
293 City of Government of San Pablo vs. Reyes, 305 SCRA 353
294 Telecommunications and Broadcast Attorneys fo the Philippines, Inc. vs. Commission on Elections, 289 SCRA 337
295 Francisco vs. Toll Regulatory Board, 633 SCRA470
296 Pilipino Telephone Corporation vs. National Telecommunications Company, 410 SCRA 52
297 Section 14, Article XII of the Constitution
298 Bascon Philippine Amusement and Gaming Corporation, 197 SCRA 52
299 National Development Company vs. Philippine Veterans Bank, 192 SCRA 257
300 Tatad vs. Secretary of the Department of Energy, 281 SCRA 330
301 Ibid
302 Avon Cosmetics, Inc. vs. Luna, 511 SCRA 376
303 Section 21, Article XII of the Constitution
304 Ongsiako vs. Gamboa, 86 Phil. 50
305 Carino vs. Commission on Human Rights, 207 SCRA 483
306 Export Processing Zone Authority vs. Commission on Human Rights, 208 SCRA 125
307 Record of the Constitutional Commission, Vol. III, p 460
308 Garcia vs. Faculty Admission Committee, 68 SCRA 277
309 University of the Philippines vs. Civil Service Commission, 356 SCRA 57
310 Colegio de Sto. Niño vs. National Labor Relations Commission, 197 SCRA 611
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
3.One of these statements is not correct:
a.An institution of higher learning can dismiss a student for grave violation of the rules of discipline. 316
b.A student cannot invoke freedom of expression to prevent his dismissal for publishing obscene materials in the
school newspaper.. 317
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
a.