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2011 PRE WEEK FORECAST AND PREDICTIONS

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POLITICAL AND PUBLIC INTERNATIONAL LAW

By: Associate Dean Arturo M. de Castro PCU College of Law

1. This is a self executing provision of the Constitution.

a.) On Emergency Power of the President to take our public utilities and media during state of national emergency. b.) Declaration of Principles c.) On dual allegiance d.) On the development, exploitation and utilization of natural resources.
2. This constitutes amendments of the Constitution. a.) Change of government from Presidential to Parliamentary form. b.) Change of the economic provisions removing citizenship requirements

for the ownership of land and the right to engage in reserved economic activities. c.) Change from bicameral to unicameral congress. d.) Change from unitary to federal form of government.
3. This is the only public officer who is immune from criminal prosecution during his

tenure of office? a.) The President b.) The chief Justice c.) The Senate President d.) The Speaker of the House
4. This mode of changing the Constitution is authorized only for amendments but

not for revisions of the Constitution. a.) Constitutional Convention elected by the people b.) Peoples Initiative c.) Constituent Assembly by both houses of Congress d.) None of the above
5. This is not among the 3 inherent powers of Government. a.) Police Power

b.) Taxation c.) Eminent domain or expropriation d.) None of the above
6. Executive officers may not refuse to attend subpoena by the Senate except when

restrained by the President by reason of national security and paramount public interest. a.) Investigation in aid of legislation b.) Question House c.) Oversight Conference d.) None of the above

2011 Pre-Week Forecast and Predictions in Political and Public International Law By: Prof. Arturo M. de Castro

Page |2 7. This is the sole judge of the elections and qualifications of the member of

Congress whose decisions are reviewed by the Supreme Court on grave abuse of direction. a.) Senate Electoral Tribunal b.) House Electoral Tribunal c.) Presidential Electoral Tribunal d.) Combination of a and b above
8. The President may appoint during the election ban: a.) The Chief Justice and Justices of the Supreme Court (De Castro vs.

JBC)
b.) Department Heads

c.) Comelec Commissioners d.) None of the above 9. The President may declare: a.) State of emergency b.) State of rebellion c.) Martial law d.) All of the above 10. An action of claims for damages does not require exhaustion of administrative remedies because a.) Public policy is involved b.) There is a violation of due process c.) The issue raised involves a purely legal question d.) The case involves the doctrine of qualified political agency
11. The police cannot make warrantless arrest during national emergency. a.) True, unless any of the grounds for warrantless arrest is present 1) A

crime is being committed, about to be convicted and attempted to be committed in the presence of the police officers 2) a crime has been committed and the police has reasonable ground to believe based on the facts within his knowledge that the person to be arrested is the author of the crime 3) in case of escaped convicts b.) False because like martial law, the privilege of the writ of Habeas Corpus is suspended. c.) Both of the above d.) None of the above
12. The doctrine of the operative facts means: a.) Rights and obligations are acquired only under valid constitutional laws or

executive acts. b.) Rights and obligations may be acquired under an unconstitutional law or acts before the same are declared unconstitutional and null and void. c.) Both a and b above d.) None of the above 13. The political law doctrine a.) Is still alive today with respect to matters to be resolved by the people in the exercise of sovereign will, such as the prerogative of the President in the conduct of foreign relations (Pimentel vs. Executive Secretary) and holding of Presidential snap elections. b.) Is watered down with respect to the discretionary powers of the Executive and the legislative departments by section 1. Art VIII of the Constitution granting the power of Judicial Review to the Supreme Court over acts of the other
2011 Pre-Week Forecast and Predictions in Political and Public International Law By: Prof. Arturo M. de Castro

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departments, their agencies and instrumentalities tainted with grave abuse of discretion. c.) Both a and b above d.) None of the above
14. In case of conflict of the procedural rules legislated by Congress with the

procedural rules laid down by the Supreme Court. a.) The procedural rules of the Supreme Court will prevail b.) Congress cannot encroach on the constitutional rule making power of the Supreme Court. c.) Combination of a and b above. d.) None of the above.
15. The privilege against self incrimination applies only to: a.) Police line up

b.) Blood test c.) Testimonial Statements d.) Drug test

16. Before private property may be taken for public use Provisional Just

Compensation must first be paid: a.) Equivalent to 10% of the market value. b.) Equivalent to 100% of the assessed value appearing in the Tax Declaration. c.) Equivalent to 100% of the Market value appearing in the Tax Declaration. d.) None of the above. 17. The Writ of Amparo: a.) Is the complimentary constitutional remedy to the Writ of Habeas Corpus against enforced disappearances. b.) Is the Wife of the writ of Habeas Corpus. c.) None of the above d.) Both a and b above 18. Impeachment is deemed initiated for the purpose of reckoning the one-year ban: a.) When the Impeachment Complaint is filed. b.) When the Impeachment Complaint is filed and referred to the Committee on Justice. c.) When the Impeachment Complaint is forwarded to the Plenary Session. d.) When the Impeachment Complaint is given due course by the Committee on Justice.
19. An extraditee is: a.) Not entitled to bail, which is a constitutional right available only in criminal

cases.
b.) Entitled to bail which is available in administrative cases, like

deportation involving deprivation of liberty.

c.) Entitled to bail only if the evidence of his guilt is strong.

d.) None of the above. 20. A criminal offense is extraditable only a.) If the offense charged in the foreign country is similarly punishable in the country from which extradition is demanded. b.) If there is an Extraditions Treaty between the 2 countries c.) Both a and b above d.) None of the above

2011 Pre-Week Forecast and Predictions in Political and Public International Law By: Prof. Arturo M. de Castro

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21. A concordat is: a.) A treaty or agreement between the Pope and a State or Government that deals with religious matters, as well as the recognition and privileges of the Holy See in other States. b.) An amendment or supplement to a Treaty or International Agreement. c.) Accepted norm of conduct recognized by the International Community as binding. d.) None of the above. 22. It is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogations is permitted and which can be modified only by a subsequent norm of general International Law having the same character. (Vienna Convention, Art. 53). a.) Erga omnes b.) Jus cogens c.) Jus dispocitivum d.) Opinio Juris Sive recesitates 23. Under International law, the term erga omnes has been interpreted to mean: a.) A peremptory norm of international law from which no derogation can be made b.) The obligation owed by states towards the community of states as a whole c.) A conviction that a practice is legally binding d.) States must implement their agreements in good faith.
24. Under the Rome Statute a. Heads of state are subject to the jurisdiction of the International

Criminal Court (ICC) for War Crimes, genocide, and crimes against humanity. b. Heads of State have absolute immunity from criminal suit during their tenure of office. c. Heads of State may not be prosecuted under the acts of state doctrine for criminal offences. d. Heads of State have diplomatic immunity 25. The maximum period for the imposition of preventive suspension on local government officials per administrative case is: a.) Not to exceed sixty days b.) Not to exceed ninety days c.) Not to exceed one hundred twenty days d.) No limit especially if the charges are multiple
26. Where shall an administrative complaint against a vice governor be filed?

a.) The office of the Governor b.) The office of the President of the Republic c.) The office of the DILG Secretary d.) The Civil Service Commission
27. An Administrative Complaint against a Barangay Captain of a Barangay in a

Municipality may be filed with: a.) Provincial Board b.) Sangguniang Bayan (Municipal Council) c.) Office of the Liga ng mga Barangay d.) DILG Secretary

2011 Pre-Week Forecast and Predictions in Political and Public International Law By: Prof. Arturo M. de Castro

Page |5 28. Under the Election Code, any person holding a public appointive office or

position shall be considered ipso facto resigned from his office upon the filling of his certificate of candidacy. Today, a group of appointed officials who were considered resigned from their posts come before the Court challenging it on equal protection grounds. Decide. a.) Invalid. It is overbroad insofar as they prohibit the candidacy of all civil servants holding appointive posts: (a) without distinction as to whether or not they occupy high/influential positions in the government, and (b) they limit these civil servants activity regardless of whether they be partisan or nonpartisan in character, or whether they be in the national, municipal or barangay level; b.) Invalid. Congress has not shown a compelling state interest to restrict the fundamental right of these public appointive officials. c.) Valid. The equal protection of the law clause in the Constitution is not absolute, but is subject to reasonable classification. Substantial distinctions clearly exist between elective officials and appointive officials. d.) Valid. The law may impose reasonable election regulations to ensure public safety is not jeopardized because the right to run for public office is but a privilege. 29. A constructive vacancy is said to exist when a.) The incumbent has no legal right to the office and may be legally replaced b.) The incumbent is separated from the office by any mode other than by expiration of term c.) The term of office has expired without a legally qualified successor d.) When an office is created and is yet unfilled
30. President Noynoy Aquino was given the power to define, by mere executive

order, the boundaries, of any province, municipality, or other political subdivision, and increase or diminish the territory comprised therein, may divide any province into one or more subprovinces, separate any political division other than a province, into such portions as may be required, merge any of such subdivisions or portions with another, name any new subdivision so created, and may change the seat of government within any subdivision to such place therein as the public welfare may require. The provision is questioned as an invalid delegation of legislative power. Decide. a.) Valid. The phrase as the public welfare may require, qualifies all other clauses thereof. In Calalang vs. Williams, the court had upheld public welfare as sufficient standard for a valid delegation of the authority to execute the law. b.) Valid. The determination of whether to affect the boundaries or creation is a political question and the Courts may not interfere with such discretion, absent grave abuse. c.) Invalid. It does not enunciate any policy to be carried out or implemented by the president. Neither does it give a standard sufficiently precise. d.) Invalid. The creation of municipalities is not an administrative function but one which is essentially and eminently legislative in character.
31. In 1989, A a Filipino, emigrated to the US and was granted American

citizenship. He came to the Philippines and has resided in Quezon City since 2007. He was able to regain his Filipino citizenship under R.A.9225 in the same year. He ran and won as Congressman of 8th district of Quezon City, but his opponent filed an election protect alleging he s disqualified to run because he is an American. A argues the filing of the COC is sufficient. Decide.

2011 Pre-Week Forecast and Predictions in Political and Public International Law By: Prof. Arturo M. de Castro

Page |6 a.) Ineligible. When A emigrated, he became naturalized. As such, when he

reapplied for citizenship, he became Filipino by process of naturalization, and as such, is not natural born. b.) Ineligible. There must be a separate sworn declaration of renunciation of citizenship even though he retained his natural born Filipino citizenship. c.) Eligible. His act of filing a certificate of candidacy is sufficient renunciation of any foreign citizenship, as he retained his natural born Filipino citizenship. d.) Eligible. The Constitution does not forbid dual citizenship, but only dual allegiance. 32. The remedy if on account of force majeure, terrorism, or fraud, the election in any polling place has not been held on the date fixed is to a.) File a petition to declare a failure of election. b.) File a petition to postpone the election. c.) File an election protest. d.) File a pre-proclamation case.
33. The most favored nation or MFN principle under International Trade refers to:

a.) b.) c.) d.)

No discrimination between local and foreign goods. The right to enter free trade agreements. Non discrimination between trading partners. Transparency between trading partners.

34. What is the maximum number of judges that can sit for a trial at the international

Court of Justice. a.) 9 b.) 17 c.) 15 d.) 19 35. What are the two main elements of a custom? a.) State practice and opinio juris. b.) General practice and opinio juris c.) Usage and practice d.) Consistency and uniformity 36. What are the required congressional votes to confirm the grant of amnesty by the President? a.) 2/3 b.) 3/4 c.) Majority d.) None of the above 37. Which of the following violates the judiciarys fiscal autonomy? a.) Budget Secretary circular keeping the budget for unfilled vacancies in the judiciary with Dept. of Budget and management until the vacancies are filled up. b.) A Commission on Audit Circular providing for pre audit of all government offices. c.) Decrease or reduction of the Budget for the Judiciary made by the Office of the President from the previous years budget for the Judiciary. d.) Combination of a and b In 1950 Mr. Chua became a naturalized Filipino citizen. In 1987 he became a naturalized Canadian citizen. If Mr. Chua bought today a 5000 Sq. Meter Lot in Makati, is it constitutional?
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a.) Yes, all former Filipinos are allowed to buy land. b.) Yes, because he did not lose his Filipinos citizenship. c.) No, only former natural born Filipinos can buy land. d.) No, he exceeded the allowable limits under law.
39. The rights during custodial investigation to a suspect a.) Apply to spontaneous statements not elicited through questioning by the

authorities and given during ordinary conversation or during media interviews b.) Apply even when the questioning is done by private individuals c.) Apply when he is invited for questioning d.) May be waived if in writing with assistance of independent and competent court e.) C and D above 40. The extent of Municipal waters under the Local Government Code is? a.) 3 Nautical Miles b.) 12 Nautical Miles c.) 15 Nautical Miles d.) 24 Nautical Miles The examination of the commission on audit on the basis of post audit can be enjoyed by: a.) Executive departments b.) The Ombudsman c.) PAGCOR d.) All non-government entities receiving subsidy
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Before resort to courts is allowed, administrative action has to be completed so that nothing is left to be done in the administrative structure. This is the doctrine of a.) Exhaustion of administrative remedies. b.) Preliminary jurisdiction. c.) Finality of administrative action. d.) Finality of judgment.
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43. A public school teacher was accused of falsification in her duties. The Ombudsman, acting on an anonymous complaint, preventively suspended and subsequently dismissed her after notice and hearing. She alleges that her dismissal was illegal, decide: a.) Illegal Dismissal. The Department of Education retains exclusive jurisdiction over administrative cases over teacher, pursuant to the Magna Carta for Public School Teachers. b.) Illegal Dismissal. The Ombudsman does not have the power to investigate on the basis of anonymous complaints. c.) Legal Dismissal. The jurisdiction of the Ombudsman is concurrent with the Department of Education over members of the Civil Service. d.) Legal Dismissal. There was no allegation of grave abuse of discretion on the part of the Ombudsman. An appeal from an Administrative Decision of the Ombudsman is to: a.) The Supreme Court b.) The Court of Appeals c.) The Office of the President d.) None of the above
44.

2011 Pre-Week Forecast and Predictions in Political and Public International Law By: Prof. Arturo M. de Castro

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The decisions of the Office of the Ombudsman in criminal cases are appealable to: a.) The Supreme Court b.) The Court of Appeals c.) The Office of the President d.) None of the above
45.

A municipality seeking to convert into a component city, must satisfy the income requirement of: a.) annual income, as certified by the Department of Finance, of at least Twenty million (P20,000,000.00) for the last two (2) consecutive years based on 1991 constant prices b.) locally generated average annual income, as certified by the Department of Finance, at least Twenty million (P20,000,000.00) for the last two (2) consecutive years based on 1991 constant prices c.) locally generated average annual income, as certified by the Department of Finance, of at least One Hundred Million Pesos (P100,000,000.00) for the last two (2) consecutive years based on 2000 constant prices d.) annual income, as certified by the Department of Finance, of at least One Hundred Million Pesos (P100,000,000.00) for the last two (2) consecutive years based on 2000 constant prices
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47. The right of the accused against self incrimination will be violated if: a.) His gun was subjected to a ballistics test. b.) A sample of his blood was taken if his blood type matches the blood type found at the scene of the crime; c.) He is charged in an administrative case for disbarment and is compelled to testify as witness: d.) He is a public officer charged with amassing ill-gotten wealth and his statement of assets and liabilities will be presented as evidence; 48. A pre proclamation controversy can be filed by a losing candidate if: a.) Goons terrorized the voters b.) Goons marked the ballots to spoil them; c.) One voter prepared the votes of several voters; d.) When fraudulent returns in the polling places were canvassed 49. The states policy to conduct mandatory consultation with appropriate LGU does not apply to: a.) Operation of lotto b.) Conversion of a timber license agreement into an integrated forest management agreement c.) Solid waste disposal d.) The implementation of the MOA AD 50. The extent of the contiguous zone of the Philippines is: a.) 3 nautical miles from the lowest water mark b.) 12 nautical miles from the outer limits c.) 12 nautical miles from the lowest water mark d.) 24 nautical miles from the lowest water mark
51.

An attentat clause in Extradition means: a.) Political crimes are excepted from extradition b.) Asylum may be granted to political offenders c.) An exception to political crimes in extradition treaties that apply extradition to crimes of assassination, murder, attempt on the life of, or other willful crimes against the person of the Head of State or Head of

2011 Pre-Week Forecast and Predictions in Political and Public International Law By: Prof. Arturo M. de Castro

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Government or of members of their family, which are not considered political crimes. d.) None of the above. 52. Under the Rome Statute a.) Heads of state are subject to the jurisdiction of the International Criminal Court (ICC) for War Crimes, genocide, and crimes against humanity. b.) Heads of State have absolute humanity from criminal suit during their tenure of office. c.) Heads of State may not be prosecuted under the acts of state doctrine for criminal offenses. e.) Heads of State have diplomatic immunity.

2011 Pre-Week Forecast and Predictions in Political and Public International Law By: Prof. Arturo M. de Castro