Study Flashcards

1. Just compensation means the fair market value of the property subject of expropriation.
True
False

>> False

5. The State is liable to pay an interest of 6% per annum in case it fails to actually pay the
owner of an expropriated property after a Decision had already become and executory.
True
False

>> False

7. Violation of the bill of rights can only be asserted against public officials.
True
False

>> False

10. BONUS!
True
False

11. The President issues an Executive Order declaring that the whole country promotes
responsible parenthood and upholds natural family planning. He prohibits all hospitals operated
by the government from prescribing the use of artificial methods of contraception, including
condoms, pills, intrauterine devices and surgical sterilization. As a result, poor women in the
country lost their access to affordable family planning programs. Private clinics, however,
continue to render family planning counsel and devises to paying clients. Is the Executive Order
in any way constitutionally infirm?
a) Yes, because the Executive Order violates the poor women’s right to equal protection of laws.
b) Yes, because the Executive Order deprives poor women of the same protection which is
enjoyed by women who can afford the services of private clinics.
c) No, because there is a substantial distinction between government hospitals and private
clinics.
d) No, because the classification is germane or relevant to the purpose of the law which is to
uphold natural family planning.

>> B

 19. Congress passed a law requiring all new nurses to take an oath that they will work for five
years in the Philippines before they are allowed to work abroad, under pain of revocation of their
licenses should they fail or refuse to comply. Is the law valid?
a) Yes, it is valid because it is for the promotion of the health and well-being of the Filipino
people.
b) Yes, it is valid because all nurses are duly notified of the prohibition by Congress through
publication of the law.
c) No, it is not valid because it deprives the nurses without trial of their right to practice their
profession.
d) No, it is not valid because it violates their right to travel abroad.

>> A

23. It is allowed to be made to a vague statute and to one which is overbroad because of
possible chilling effect upon protected speech.
a) Facial challenge
b) Over breath challenge
c) Void for vagueness
d) None of the above

>> A

30. The Metro Manila Development Authority (MMDA) passed a rule authorizing traffic
enforcers to impound illegally parked vehicles, for the first offense, and confiscate their
registration plates for the second. The MMDA issued this rule to implement a law that authorized
it to suspend the licenses of drivers who violate traffic rules. Is the MMDA rule valid?
a. No, since the MMDA does not have rule-making power.
b. Yes, it is a valid exercise of the power of subordinate legislation.
c. Yes, it is an implicit consequence of the law upon which it acted.
d. No, the rule goes beyond the sphere of the law.

>> D

2. Double taxation happens when one burden is a national tax and the other one is a local
license fee.
True
False

>> False

3. Equality in taxation means all things and persons belonging to the same class shall be taxed
at the same rate.
True

 False

>> False
4. An intangible property maybe subjected to expropriation.
True
False

>> True

6. As a rule, the exercise by the State of the power of eminent domain power is a justiciable
question.
True
False

>> False

8. In the hierarchy of rights, the highest is the right to expression.

True
False

>> False

9. The President as a rule, exercise police power.

True
False

>> False

12. It is a major overhaul of the constitution:

a) amendment
b) revision
c) diversion
d) plebiscite

>> B

13. In case of doubt, the provisions of the constitution should be considered as self-executing,
prospective, and
a) directory
b) mandatory
c) optional
d) persuasive

 >> B

14. Every law passed by Congress is constitutional unless it is declared otherwise by the
majority of the members of the Supreme Court. This is known as ___________.
a.) Presumption of Constitutionality
b.) Constitutional supremacy
c.) Constitutional law
d.) Presumption of regularity

>> A

15. What is the effect if a law is declared partially unconstitutional?

a) it confers no rights and obligations
b) the remaining portions remain valid if it can stand independently and intended as such
c) the rest of the provisions cannot be enforced
d) the law is considered erased in the statute books

>> B

16. Actual controversy in legal contemplation of law means:

a) there is a potential conflict of claims of demandable rights
b) real and substantial conflict of claims of demandable rights
c) adverse opinions on a particular demandable rights
d) hypothetical issues which can ripen into conflict of claims of positions

>>B

17. A law was passed regulating the hours of employment in underground mines and/or
reduction works to eight hours per day, except in cases of emergency where life or property is in
imminent danger. Is the law constitutional?
a) The law is a valid exercise of the police power of the State to safeguard the health of the
employees for underground work.
b) The law is valid because the law merely provides for remedy to enforce the contract between
the employers and employees.
c) The law is invalid because it impairs obligation of contract between the parties.
d) The law is invalid because it deprives the employers and employees of the right to make
contracts in a lawful way.

>> A

18. BP 22 otherwise known as the Anti-Bouncing Law has been questioned as violative of the
right against non-imprisonment for non-payments of debts. Is the contention valid?

 a) Yes, because BP 22 is a device to coerce payment for a debt under the threat of penal
sanctions.
b) Yes, because BP 22 punishes the debtor should he fail to fund the check he issued as payment
of his debt.
c) No, because what BP 22 is not an intrusion of one’s right to issue a check.
d) No, because BP was enacted in the exercise of its police power to safeguard the banking and
finance industry.

>> D

20. In terms of time, what is the point of reference for valuating a piece of property in
determining just compensation?
a) At the time of actual taking of the property
b) At the time of the filing of an expropriation case
c) At the time the expropriation authority takes possession of the property
d) At the time the property owner refuses the offer of expropriating authority to buy the property.

>> A

21. What is the period limitation for the government to pay just compensation, otherwise, the
owners concerned shall have the right to recover possession of their property.
a) Within five years from rendition of judgment in the expropriation case.
b) Within five years from the filing of the expropriation case.
c) Within five years from the taking possession of the property by the expropriating authority.
d) Within five years from the finality of the judgment in the expropriation case.

>> D

22. The prohibition against the mall owners’ collection of parking fees is unconstitutional
because
a) It takes the mall owners’ property without due process of law
b) It takes the mall owners’ property without just compensation.
c) It takes mall owners’ property without observing equal protection of laws.
d) It takes the mall owners’ property without hearing.

>> B

24. Which of the following is not considered “taking” under the concept of eminent domain?
a) Owner is actually deprived or dispossessed of his property
b) Owner is deprived of jurisdiction, supervision, and control of his property
c) There is practical destruction or material impairment of the value of the property
d) Government use of the property as temporary relocation centers for typhoon victims

 >> D

25. Police power maybe delegated to and exercised by the following except:
a.) The PNP
b.) The President
c.) Administrative Bodies
d.) Sanggunians of Local Government Units

>> A

26. The COMELEC in its desire to equalize the access to media facilities by all candidates, rich
or poor, issued a Resolution compelling print media outlets to provide the COMELEC with “free
space” once a week. The COMELEC intends to educate the public by publishing regular news
bulletins and profiles of candidates through the “free allocation”. One of the affected newspaper
outlets files a case to declare the Resolution as unconstitutional. If you are to rule on the case,
what would be your decision?
a. I will declare the Resolution a valid exercise of police power as it will help educate the public
thus promote the general welfare.
b. I will declare the Resolution as violative of the equal protection clause because it is only
applied to print media and not to all forms of media.
c. I will declare the Resolution as unconstitutional because it amounts to unlawful taking of
property without just compensation.
d. I will declare the Resolution as a valid because it is a constitutional mandate for the
COMELEC to regulate the elections in order to make it orderly, peaceful, and credible

>> C

27. These are the rights provided by laws promulgated by the lawmaking body and may be
abolished by the same body.
a.) Natural Rights
b.) Constitutional Rights
c.) Statutory Rights
d.) Human Rights

>> C
28. All, except one, best characterized Philippine taxation.
a) uniform
b) equitable
c) progressive
d) mandatory

>> D

 29. Congress enacted a law mandating the promotion of both artificial and natural family
planning methods throughout the country. The City of Cebu being the bastion of Catholicism in
the south enacted an ordinance banning the sale and distribution of condoms in the city asserting
that it will only allow natural family methods within its jurisdiction. A local drugstore which is
not able to sell its stocks of condoms files a suit to declare the ordinance invalid. As the judge,
how will you decide the case?
a) I will sustain the ordinance as it is within the powers of the city to promote the general welfare
of its constituents.
b) I will sustain the ordinance in the spirit of local autonomy; hence, the city should be allowed
to make its own policy on the matter.
c) I will invalidate the ordinance as it is contrary to a national law
d) I will invalidate the ordinance because drugstores should be free to choose the products it can
sell.

>> C

31. If the City of Olangapo passes an ordinance which prohibits hotels, motels, lodging houses,
pension houses and similar establishments from admission for less than twelve hours and from
renting out a room more than twice a day to minimize the use of the rooms for illicit sex and
drug use, is it a valid exercise of police power?
a.) Yes, it is a valid exercise of police power. The Ordinance is based on a reasonable purpose,
that is, to curb the proliferation of sexual immoralities.
b. ) Yes, it is a valid exercise of police power. Using the strict scrutiny test and rational basis
standard, laws are upheld if they further a legitimate governmental interest.
c.) No, it is not a valid exercise of police power. The means in pursuing a governmental interest
are not reasonable.
d. ) No, it is not a valid exercise of police power since the power lodged to local government
units does not include the regulations of hotels, motels, lodging house, etc.

>> C

32. What is the right of appearance in a court of justice on a given question assailing the
validity of an official act as a representative of the general public.
a. Direct injury right
b. Locus standi
c. Real interest
d. Personal interest

>> B

33. The Government decided to expropriate the birth site of the founder of Iglesia ni Kristo so a
historical marker could be erected on it. It was objected as violation of the separation of church
and state. Is the objection correct?

a. Yes, because public funds could not be used for a religious purpose.
b. No, because public funds may be used for public purpose when what is to be funded is not the
building of a church structure.
c. No, because the purpose is not religious but historical.
d. Yes, because it violates the equal protection clause.

>> C