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Exam Stat Con
Exam Stat Con
Item 6 Item 14
Which of the following is defined in
To which does a statute start with?
this statement: A rule of conduct
formulated and made obligatory by Ignorantia legis neminem excusat
legitimate power of the State? _____
Correct answer: Law Correct answer: Ignorance of the law
excuses no one
Item 15
Which of the following is a requisite in Item 22
construing the law? Only the Legislative body has the
power to construe the written laws.
Correct answer: There is ambiguity in
the law involved in the controversy. Correct answer: False
Item 16 Item 23
Which of the following BEST Which of the following describes a
describes the Enacting Clause in a bill?
Statute?
Correct answer: Draft of a proposed
Correct answer: Part of statute which law from the time of its introduction in
declares its enactment and serves to a legislative body through all the
identify it as an act of legislation various stages in both houses.
proceeding from the proper legislative
authority. Item 24
Which of the following does NOT
Item 17 describe a Statute?
Ejusdem Generis _____
Correct answer: It is an act of the
Correct answer: Of the same kind executive department as an organized
body
Item 18
When should the Court apply the law Item 25
and not interpret it? What is the importance of a
Separability Clause in a statute?
Correct answer: When it is clear and
unequivocal Correct answer: It provides that if one
or more provisions or unconstitutional,
Item 19 the remaining provisions shall still be
Which branch of the government in force.
passes statutes?
Item 26
Correct answer: Legislative
Statues or act may be said to be
vague when it lacks comprehensible
Item 20 standards those men “of common
Which of the following directs the intelligence must necessarily guess at
doing of an act, or declares what shall its meaning and differ as to its
be done in contrast to a negative application.
statute which is one that prohibits the
things from being done, or declares Correct answer: True
what shall not be done?
Item 27
Correct answer: Affirmative Statute
Which of the following defines
Remedial Statute?
Item 21
Correct answer: Provides means or Item 35
method whereby causes of action may Which of the following defines
be effectuated, wrongs redressed, and Retrospective Law?
relief obtained.
Correct answer: Looks backward or
Item 28 contemplates the past.
To whom is the Judicial Power
vested? Item 36
Which of the following best describes
Correct answer: The Supreme Court legal hermeneutics?
and the Lower Courts
Correct answer: The systematic body
Item 29 of rules which are recognized as
The body is the part of statute applicable to the construction and
explaining the reasons for its interpretation of legal writings.
enactment and the objects sought to
be accomplished. Item 37
Which of the following defines Penal
Correct answer: False Statute?
Item 61 Item 68
Which of the following describes When is judicial function required in
construction? statutory construction?
Correct answer: The drawing of Correct answer: When a statute is
conclusions with respect to subjects invoked and different interpretations
that are beyond the direct expression are in contention.
of the text.
Item 69
Item 62 Which of the following describes
Which of the following defines Special Extensive Interpretation?
Law?
Correct answer: Adopts a more
Correct answer: Designed for a comprehensive signification of the
particular purpose or limited in range words
or confined to a prescribed field of
action on operation. Item 70
Which of the following BEST
Item 63 describes the Repealing Clause in a
Which of the following passes an Statute?
Ordinance?
Correct answer: Announces the prior
Correct answer: Local Legislative Body statutes or specific provisions which
have been abrogated by reason of the
Item 64 enactment of the new law.
Res Judicata _____
Item 71
Correct answer: A cause of action may
Obiter Dictum _____
not be relitigated once it has been
judged on the merits or finality Correct answer: that which is said in
passing
Item 65
Ignorantia facti excusat _____ Item 72
Which of the following does describes
Correct answer: mistake of fact
interpretation (as opposed to
excuses
construction)?
Item 66
Correct answer: The process of Item 80
discovering the true meaning of the Reddeddo Singula Singulis _____
language used.
Correct answer: By referring each to
Item 73 each
Expressio Unios Est Exclusio Alterius
_____ Item 81
Which of the following describes
Correct answer: To express one is to Close Interpretation?
exclude others
Correct answer: Taking the words in
Item 74 their narrowest meaning.
To whom is the Executive Power
vested?
Correct answer: The President of the
Philippines
Item 75
The title is usually prefixed to the
statute in the summary of its contents.
Correct answer: True
Item 76
The executive department determines
whether or not there has been a grave
abuse of discretion amounting to lack
or excess of jurisdiction on the part of
any branch or instrumentality of the
government.
Correct answer: False
Item 77
Stare Decisis _____
Correct answer: To stand by things
decided
Item 78
The power to make laws is lodged in
the judiciary.
Correct answer: False
Item 79
It is the duty of the Courts of Justice to
settle actual controversies involving
rights which are legally demandable
and enforceable
Correct answer: True
Item 1 Congress may have actually intended
This doctrine simply means that for by enacting both of these definitions?
the sake of certainty, a conclusion Correct answer: Ejusdem generis.
reached in one case should be applied
to those that follow if the facts are Item 5
substantially the same, even though This doctrine is used to interpret
the parties may be different. loosely written statutes.
Correct answer: Stare Decisis Correct answer: Ejusdem generis
Item 2 Item 6
Which of the following is also used to Which of the following words
clarify what has already been said, and emphasizes mandatory character and
in such cases, means “in other words,” means imperative, operating to impose
“to wit,” or “that is to say.” a duty which may be enforced?
Correct answer: Or Correct answer: Shall
Item 3 Item 7
Which of the following is an example If a statute is clear, plain and free from
of the doctrine expressio unius est ambiguity, it must be given its literal
exclusion alterius? meaning and applied without
Correct answer: weekends and public attempted interpretation.
holidays excluding Correct answer: Verbal legis
Item 4 Item 8
In section 3(19) of the Endangered This doctrine requires courts in a
Species Act of 1973 Congress has country to follow the rule established in
specifically defined the word "take." a decision of the Supreme Court
This word then becomes a key term thereof.
under the Act which is used to
describe specific activities that are Correct answer: Stare Decisis
prohibited relative to "endangered" and
"threatened" species. Specifically, this Item 9
sub-section states that: In the interpretation of a statute, the
Court should start with the assumption
[t]he term ‘‘take’’ means to harass, that the legislature intended to enact
harm, pursue, hunt, shoot, wound, kill, an effective statute.
trap, capture, or collect, or to attempt [INTERPRETATION OF STATUTE]
to engage in any such conduct.
Correct answer: True
Which of the linguistic rules of
statutory construction (discussed
Item 10
supra) among the following choices is A cardinal rule in statutory
LEAST LIKELY to be applied under construction is that when the law is
these circumstances to construe the clear and free from any doubt or
E.S.A.s' definitions of both the words ambiguity, there is no room for
"take" and "plants" so as to achieve a construction or interpretation. There is
consistent interpretation of what only room for application.9 As the
statute is clear, plain, and free from
ambiguity, it must be given its literal Item 16
meaning and applied without Presumption against undesirable
attempted interpretation. (Bolos v. consequences were never intended by
Bolos, G.R. No. 186400, 20 October a legislative measure
2010) _____ [PRESUMPTION]
Correct answer: VERBA LEGIS Correct answer: True
Item 11 Item 17
What is the ratio decidendi of a case? It is a settled rule of statutory
Correct answer: The reasons for the construction that the express mention
decision of one person, thing, act, or
consequence excludes all others.
Item 12 Where a statute, by its terms, is
Which among the following is not true expressly limited to certain matters, it
regarding the doctrine of casus may not, by interpretation or
omissus is- construction, be extended to others.
The rule proceeds from the premise
Correct answer: Omission in a statute that the legislature would not have
can be supplied by construction made specified enumerations in a
statute had the intention been not to
Item 13 restrict its meaning and to confine its
This literally “of the same kind or terms to those expressly mentioned.
class. (DBP v. COA, G.R. No. 221706, 13
March 2018) _____
Correct answer: Ejusdem generis
Correct answer: EXPRESSIO UNIUS
Item 14 EST EXCLUSIO ALTERIUS
Which of the following generally
recognized "canons" of statutory Item 18
construction would be MOST Wherever possible, the words used in
appropriate to aid the court in the Constitution must be given their
determining the proper meaning of this ordinary meaning except where
statutory phrase? technical terms are employed.
“Licensees may hunt moose, deer,
geese, and ducks which are not on the Correct answer: Verbal legis
endangered species list.”.
Item 19
Correct answer: Expressio unius est Philippines as democratic and
exclusion alterius republican state adopts the generally
accepted principles of international law
Item 15 as part of the law of the land and
In the absence of implied repeal, a adheres to the policy of peace,
subsequent law cannot be construed equality, justice, freedom, cooperation,
as repealing a prior law unless an and amity with all nations.
irreconcilable inconsistency and [INTERNATIONAL LAW]
repugnancy exists in terms of the new
and old laws. Correct answer: True
[IMPLIED]
Item 20
Correct answer: False, EXPRESS
The law should never be interpreted in Prisons is not exactly a prisoner. On
such a way as to cause injustice as the other hand, there is no question as
this never within the legislative intent. to the validity of the deportation
decree. This must be accepted that
Correct answer: Presumption against
temporary detention is necessary for
injustice
the process of exclusion or expulsion
of undesirable aliens and that the
Item 21 government or the President has the
Intrinsic aids are resorted to only if right to detain the undesirable alien for
there is deficiency. a reasonable period of time.
[DEFICIENCY]
Correct answer: False, AMBIGUITY b. In this case, according to
precedence, too long of detention may
Score: 2 out of 2 Yes justify the issuing of a writ of habeas
corpus. The meaning of "reasonable
Item 22 period of time" is unclear and this is
A person, object or thing omitted from where Verba Legis is being carried
an enumeration must be held to have out. Reasonable time varies
been omitted intentionally. depending on the circumstances,
Correct answer: Casus omissus including the difficulty in getting a
passport, transportation availability,
Item 23 diplomatic arrangements with the
A statute provides that the President governments concerned, and the
“may not deport foreigners except efforts made to deport the deported.
upon investigation”. Relating to the case, the government
is really trying to expedite the
a. Can the President, pending expulsion of this petitioner. And unless
arrangements for the deportation, also it is shown that the deported is being
detain the undesirable alien for a indefinitely imprisoned under the
reasonable period of time? Explain. pretense of awaiting a chance for
(10 pts.) deportation.
Item 40 Item 45
Where a particular word is equally Which of the following is the word
susceptible of various meanings, its used in introducing a proviso?
correct construction may be made Correct answer: Provided
specific by considering the company of
terms in which it is found or with which Item 46
it is associated.
Article 8 of the Civil Code of the
[VARIOUS MEANINGS]
Philippines provides that, Judicial
decisions applying or interpreting the and one which should change the prior
laws or the Constitution shall form a law no further than may be necessary
part of the legal system of the to effectuate the specific purpose of
Philippines. _____ the act in question.
[JUDICIARY]
Correct answer: STARE DECISIS
Correct answer: False, LEGISLATIVE
Item 47
The Court is not convinced that the Item 51
Framers simply failed to adjust the We look to the language of the
aforesaid constitutional provision, by document itself in our search for its
sheer inadvertence, to their decision to meaning. We do not of course stop
shift to a bicameral form of legislature. there, but that is where we begin. It is
Even granting that there was, indeed, to be assumed that the words in which
such omission, this Court cannot constitutional provisions are couched
supply the same. A case omitted is to express the objective sought to be
be held as intentionally omitted, this attained. They are to be given their
Court cannot under its power of ordinary meaning except where
interpretation supply the omission technical terms are employed in which
even if the same may have resulted case the significance thus attached to
from inadvertence or it was not them prevails. (J.M. Tuason & Co., Inc.
foreseen or contemplated for to do so v. Land Tenure Administration) _____
would amount to judicial legislation.
Correct answer: VERBA LEGIS
(Umali v. JBC, G.R. No. 228628, 25
July 2017) _____
Item 52
Correct answer: CASUS OMISSUS Extrinsic aids are resorted to after
exhausting all the available intrinsic
Item 48 aids and still there remain some
Which maxim operates only if and ambiguity in the statute.
when the omission has been [EXTRINSIC AIDS]
clearlyestablished, and in such a case
Correct answer: True
what is omitted in the enumeration
may not, by construction, be included
therein. Item 53
Presumption against implied repeals
Correct answer: Casus omissus states that the law should never be
interpreted in such a way as to cause
Item 49 injustice as this never within the
The legislature is presumed to know legislative intent.
the meaning of the words, to have [PRESUMPTION AGAINST IMPLIED
used words advisely, and to have REPEALS]
expressed its intent by the use of such
Correct answer: False,
words as are found in the statute.
PRESUMPTION AGAINST
Correct answer: Verbal legis INJUSTICE
Item 50 Item 54
In construing a doubtful or ambiguous What is the doctrine of stare decisis?
statute, the Courts will presume that it
Correct answer: A doctrine of
was the intention of the judiciary to
precedent
enact a valid, sensible and just law,
Item 55
Laws are presumed constitutional.
Correct answer: True
Item 56
Which of the following statements
best describes the judicial act of
distinguishing a case?
Correct answer: Distinguishing occurs
when a court indicates that the
material facts of a previous case and
those of the instant case are different.