Political Law Quizzes Study Questions

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1. A.

Prior concurrence to monetary board


B. Subject to such limitations provided by law

2. A. There must be an actual case or controversy


B. The petitioner must have a legal standing
C. The issue must be raised at the earliest possible opportunity
D. The issue must be the very lis mota of the case

3. Overbreadth doctrine provides that a statute is unconstitutional if the scope is so broad that it
restrains or interferes the exercise of rights enshrined under the constitution (such as, but not
limited to freedom of speech, freedom of religion).

4. An issue is of transcendental importance when the court deems it of paramount importance and
has far-reaching implications.

5. Exception to the Rule that courts will not decide cases that have become moot and academic
a) When there is grave violation of the Constitution
b) When it is of paramount importance and public interest in involved
c) When the principles involved will serve as a guiding principle to the bench and bar
d) The case is able of repetition yet evading review

6. A. It cannot be exercised in case of impeachment


B. Reprieves, commutations and pardons can only be given after conviction by final judgment
C. Pardon on election offense can only be given after recommendation of the COMELEC
D. A grant of amnesty can only be given after concurrence of the majority of all the members of
the Congress.

7. A. State of Rebellion
B. When public safety requires it

8. The acts of Secretaries of the different departments of the government performing in their
regular course of business or in their official capacity are, presumptively, the acts of the
President.

9. The president is prohibited (by the Constitution) from appointing any official two months
immediately before the next presidential elections and up to the end of his term; except in
appointments in the executive department when it is shown that continued vacancies will
prejudice public service or prejudice public safety.

10. A. Heads of Executive Departments


B. Ambassadors, Public Ministers, and Consuls
C. Officers of the Armed Forces with the Rank of Colonel, or Naval Captain
D. Those other officers whose appointments are vested in the President in the Constitution
11. Ad intermin app – needs confirmation from the COA; may be given only when congress is not in
session
App in acting capacity – doesn’t need appointment from COA; may be given even when congress
is not in session

12. An ad interim appointment is an appointment given by the President while Congress is not in
session and needs confirmation by the Commission on Appointments. It takes effect
immediately, but ceases to be valid if disapproved by the commission or upon the next
adjournment of the Congress.

The purpose is to prevent interruptions in vital government processes due to the prolonged
vacancy in government offices.

13. The three systems of initiative are:


1) Initiative on Constitution
2) Initiative on Legislature
3) Initiative on Local Legislature

14. The following are the limitations on the power of taxation:


a) It must be for public purpose
b) It must be uniform and equitable
c) Congress must evolve a progressive system of taxation

15. The three methods by which a bill may become a law are:
1) When the president signs it;
2) When the president vetoes it but the Congress overrides the veto by 2/3 vote voting
separately
3) When the president does not take any action within 30 days from the time it was submitted
to him

16. The requisites for the Congress to validly delegate its emergency powers to the president are:
a) There must be war or national emergency
b) The power given by the Congress must be for a limited period and subject to such restrictions
as the congress may provide
c) The power must be necessary and proper to carry out a national emergency

17. The Congress by a vote of 2/3 of both houses voting separately has the sole power to declare
the existence of a state of war.

18. When an ad interim appointment is not acted upon at the time of the adjournment of the
Congress, the appointment is deemed invalid and shall be ineffective immediately.

19. The prohibition against the holding of an incompatible office provides that a member of the
Congress cannot hold a government position which is not connected with the legislature. This
presupposes that a member of the congress cannot divide his or her loyalty to the legislature
and to another branch of the government thereby violating the principle of separation of
powers.

A forbidden office, on the other hand, is an office which a congress may not be appointed to
when such office was created or has emoluments which increased during his or her term.

20. A. May be arrested for crimes punishable by more than 6 yrs imprisonment
B. For crimes punishable by less than 6 yrs imprisonment, arrested will be effected immediately
upon the end of the term of office
C. While congress is in session
D. Prosecution will continue independent of arrest

21. It is when a member of the Congress cannot be arrested while Congress is in session when he or
she is charged with a crime punishable by imprisonment of less than 6 yrs in order to divest his
duty properly and effectively.

22. A. Must be at least 25 yrs of age on the day of the election


B. Must be a resident of the district for at least 2 yrs immediately preceding the day of the
election
C. Must be a registered voter in the district where he is to be elected
D. Must be a natural-born citizen
E. Able to read and write

23. A. Natural Born Citizen


B. At least on the day of elections
C. Residing in the Philippines for at least 2 years immediately preceding the day of the elections
D. Able to read and write
E. Registered Voter

24. A. There must be a law and it must be complete in itself (completeness test) – Nothing is left to
be done by the delegated officer but to execute it
B. The delegating law must fix a sufficient standard (sufficient standard test) – The limits of
which are sufficiently determinate or determinable, to which the delegate must conform in the
performance of his functions.

25. It is the authority of administrative body tasked by the legislature to implement laws to
promulgate rules and regulations to properly execute and implement laws.

26. The doctrine provides that legislative powers cannot be delegated to the executive branch of
the government in order to prevent abuse of power

27. A delegated power constitutes not only a right but a duty to perform the task in the delegate’s
own judgment and not someone else’s.
28. The doctrine of incorporation is embodied in our Constitution which provides that the
Philippines adopts the Generally Accepted Principles of International Law as part of the Law of
the Land. Our country adheres to International Laws as long as they are not inconsistent with
our domestic laws.

29. The doctrine provides that the State is expected to protect the rights of the People. The state
acts as the guardian or protector of its citizens.

30. A. Heads of state


B. Embassies
C. Foreign merchant vessels exercising right of innocent passage
D. Acts of state
E. Foreign armies passing through with permission

31.

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