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Constitutional Law II -Midterms
Doctrine of Preferred Freedom PBM Employees Org. vs. PBM Co., Inc,. 51 SCRA 189 (1973) Property and property rights can be lost thru prescription; but human rights are imprescriptible. If human rights are extinguished by the passage of time, then the Bill of Rights is a useless attempt to limit the power of government and ceases to be an efficacious shield against the tyranny of officials, of majorities, of the influential and powerful, and of oligarchs — political, economic or otherwise. In the hierarchy of civil liberties, the rights of free expression and of assembly occupy a preferred position as they are essential to the preservation and vitality of our civil and political institutions; and such priority "gives these liberties the sanctity and the sanction not permitting dubious intrusions." POLICE POWER Balacuit vs. CFI, GR No. L-38429, June 30, 1988 Nonetheless, as to the question of the subject ordinance being a valid exercise of police power, the same must be resolved in the negative. While it is true that a business may be regulated, it is equally true that such regulation must be within the bounds of reason, that is, the regulatory ordinance must be reasonable, and its provisions cannot be oppressive amounting to an arbitrary interference with the business or calling subject of regulation. A lawful business or calling may not, under the guise of regulation, be unreasonably interfered with even by the exercise of police power. A police measure for the regulation of the conduct, control and operation of a business should not encroach upon the legitimate and lawful exercise by the citizens of their property rights. Tablarin vs. Judge Gutierrez, 152 SCRA 730 (1987) The police power, it is commonplace learning, is the pervasive and non-waivable power and authority of the sovereign to secure and promote an the important interests and needs — in a word, the public order — of the general community. An important component of that public order is the health and physical safety and well being of the population, the securing of which no one can deny is a legitimate objective of governmental effort and regulation. Zoning and Regulatory Ordinances Ermita-Malate Hotel & Motel Operators vs. City Mayor, 20 SCRA 849 (1967) Such a limitation cannot be viewed as a transgression against the command of due process. It is neither unreasonable nor arbitrary. Precisely it was intended to curb the opportunity for the immoral or illegitimate use to which such premises could be, and, according to the explanatory note, are being devoted. How could it then be arbitrary or oppressive when there appears a correspondence between the undeniable existence of an undesirable situation and the legislative attempt at correction. Cruz vs. Paras, 123 SCRA 569 (1983) The conclusion reached by this Court is not to be interpreted as a retreat from its resolute stand sustaining police power legislation to promote public morals. The commitment to such an Ideal forbids such a backward step. Legislation of that character is deserving of the fullest sympathy from the judiciary. Accordingly, the judiciary has not been hesitant to lend the weight of its support to measures that can be characterized as falling within that aspect of the police power. Reference is made by respondents to Ermita-Malate Hotel and Motel Operators Association, Inc. v. City Mayor of Manila. There is a misapprehension as to what was decided by this Court. That was a regulatory measure. Necessarily, there was no valid objection on due process or equal protection grounds. It did not prohibit motels. It merely regulated the mode in which it may conduct business in order precisely to put an end to practices which could encourage vice and immorality. This is an entirely different case. What was involved is a measure not embraced within the regulatory power but an exercise of an assumed power to prohibit. Moreover, while it was pointed out in the aforesaid Ermita-Malate Hotel and Motel
BAR REVIEWER ON POLITICAL LAW
CONSTITUTIONAL LAW 1 (Start up to Commission on Audit) | ATTY. JACK JIMENEZ
I.
The Constitution
A.
Kinds
1. Constitutions may be classified as:
a.
b.
c.
d.
Written and unwritten. 1
Conventional and cumulative. 2
Flexible and rigid. 3
Libertarian and authoritarian
B. Purposes
1.The purposes of a constitution are the following:
a.
b.
c.
To prescribe the permanent framework of a system of government. 4
To assign to different department units their respective powers and duties.5
To establish certain fixed first principles on which the government is founded. 6 Adaptability
D. Parts of a Constitution
1.The following are the parts of a constitution:
a.
d.
e.
Constitution of liberty, which refers to the provisions setting forth the fundamental civil and political rights of the citizens. 7
b.
Constitution of government, which refers to the provisions outli
To lay down principles for the guidance of the people.
C. Requisites of a Good Constitution
1.The following are the requisites of a good constitution:
a.
b.
c.
Breadth 8
Brevity 9
Definiteness 10
ning the
organization of the government. 11
c.Constitution of sovereignty, which refers to the procedure for amending the constitution. 12
d.Constitution of citizenship, which refers to the provisions defining who are the citizens of a country.
E.
Amendments and Revisions
1.
The following may propose amendments to the Constitution:
a.Congress by a three-fourths vote of all its members. 13
b.Constitutional Convention. 14
c.The people through initiative. 15
d.Constitutional Commission
1
Tañada and Carreon, Political Law of the Philippines, Vol. 1, pp. 66-67.
Ibid.
3 Ibid.
4 Malcolm, Philippine Constitutional Law, p. 6.
5 Ibid
6 Ibid
7 Garner, Introduction to Political Science, pp. 397-398
8 Tañada and Carreon, op. cit, Vol 1, p. 71.
9 Ibid
10 Ibid
11 Ibid
12 Ibid
13 Section 1, Article XVII of the Constitution.
14 Ibid
15 Ibid
2
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2.The following are the limitations on the power of the people to propose amendments to the Constitution:
a.The people cannot propose revisions. 16
b.The petition for an initiative must be signed by at least 12%
of the total number of registered voters, with at least 3% of the
registered voters in every legislative district being represented. 17
c.The people can propose amendments only once every five years.18
d.There must be a ninety-day information drive before the solicitation of signatures for the petition.
3.The proposition which constitutes a revision of the Constitution is:
a.
b.
c.
d.
F.
Changing the age requirement for the right of suffrage to 21 years.19
Reducing the Filipino ownership of mass media companies to 60%. 20
Requiring a college degree as a qualification for election as President. 21
Changing the legislature from a bicameral to a unicameral assembly.
Self-Executory and Non-Legal Executory Provisions
1.
The provision of Article II of the Constitution which is self-executory is:
a.
b.
c.
d.
Section 5, which deals with the promotion of the general welfare of the people. 22
Section 12, which deals with the natural right and duty of parents in the rearing of the youth.23
Section 13, which deals with the promotion of the moral well-being of the youth. 24
Section 6, which deals with the protection of the right of the people to a balanced and healthful ecology. 25
2.The provision of Article II of the Constitution which is which is self-executory is:
a.Section 2, which makes the generally accepted principles of international law part of the law of the land.26
b.Section 11, which guarantees full respect for human rights. 27
c.Section 17, which promotes total human liberation and development. 28
d.Section 18, which provides promotion of the welfare of workers. 29
3.
The provision of the Constitution which is self-executory is:
a.Section 19, Article II which provides for a self-reliant and independent economy effectively controlled by Filipinos. 30
b.Section 24, Article II which recognizes the vital role of communication and information in nation building. 31
c.Section 25, Article II, which provides for autonomy of local government units. 32
d.Section 28 (1), Article VI, which provides for a progressive system of taxation. 33
4.
The provision of the Constitution which is self-executory is:
a.
b.
Section 7, Article III. which deals with the right to information. 34
Section 17, Article XII, which grants the State the power to take over a privately owned business in case of national
emergency. 35
16
Sec. 1, Article XVII of the Constitution.
Ibid
18 Ibid
19 Lambino vs. Commission on Elections, 505 SCRA 160.
20 Ibid
21 Ibid
22 Kilosbayan vs. Morato, 246 SCRA 540
23 Ibid
24 Ibid
25 Oposa vs. Factoran, 224 SCRA 792
26 Razon vs. Tagitis, 606 SCRA 598
27 Basco vs. Philippine Amusements and Gaming Corporation, 197 SCRA 57.
28 Kilosbayan, Inc. vs. Morato, 246 SCRA 548
29 Bases Conversion and Development Authority vs. Commission on Audit, 580 SCRA 295
30 Tañada vs. Angara, 272 SCRA 18
31 Philippine Long Distance Telephone Company vs. National Telecommunications Commission, 190 SCRA 717
32 Ibid
33 Tolentino vs. Secretary of Finance, 235 SCRA 630
34 Legaspi vs. Civil Service Commission, 150 SCRA 530
35 David vs. Arroyo, 489 SCRA 160
17
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c.
d.
Section 1, Article XIII, which provides for the reduction of social, economic and political inequalities. 36
Section 2, Article XIII, which provides for the promotion of social justice. 37
5.The provision of the Constitution which is self-executory is:
a. Section 10, Article XII, which gives preference to Filipinos in the grant of rights, privileges and concessions concerning the
national patrimony. 38
b. Section II, Article XIII, which provides for health and social services. 39
c. Section 14, Article XIII, which protects working women. 40
d. Section 1, Article XIV, which provides for the right to quality education. 41
6.The provision of the Constitution which is self-executory is:
a.
b.
c.
d.
II.
Section 1, Article XIII, which directed Congress to give priority to measures that enhance human dignity and reduce
inequalities. 42
Section 9, Article XII, which provides for the resettlement of poor dwellers. 43
Section 1, Article XIV, which provides for promotion of the right to quality education.44
Section 5 (2), Article XIV which guarantees academic freedom in all institutions of higher learning. 45
General Considerations
A. National Territory
1.
The national territory of the Philippines does not include:
a.
b.
c.
d.
Its internal waters. 46
The Kalayaan Islands.47
North Borneo. 48
The land occupied by foreign embassies. 49
B. State Immunity from Suit
1. The principle that a suit against the state which will result in financial liability on the part of the State is not allowable applies in
case of:
a.
b.
c.
d.
A suit by unpaid laborers of a contractor with the government for payment to them by the government of their wages
from the money appropriated for the project. 50
A suit of an illegally removed government employee for reinstatement and payment of back wages where funds have
been appropriated for his wages. 51
A suit by a war veteran for payment of his pension where the public officer in charge of releasing the funds appropriated
refuses to do so. 52
A suit against the Technological Education on Skills Development Authority, an unincorporated government
instrumentally in charge of education, training and skills development, for payment for the printing of identification
cards. 53
36
Tolentino vs. Secretary of Finance, 235 SCRA 630
Basco vs. Philippine Amusements and Gaming Corporation, 197 SCRA 52.
38 Legaspi vs. Civil Service Commission, 150 SCRA 530
39 Manila Prince Hotel vs. Government Service Insurance System, 2364 SCRA 408
40 David vs. Arroyo, 489 SCRA 160
41 Tatad vs, Secretary of the Department of Energy, 281 SCRA 330
42 Tolentino vs. Secrertary of Finance, 235 SCRA 630.
43 People vs. Leachon, 276 SCRA 163
44 Tolentino vs. Secretary of Finance, 235 SCRA 630
45 Garcia vs. Faculty Admission Committee, 68 SCRA 27
46 Article 1 of the Constitution.
47 Ibid
48 Ibid
49 Reagan vs. Commissioner of Internal Revenue, 38 SCRA 968.
50 Moreno vs. Macadaeg, 7 SCRA 700
51 Piñero vs. Hechanova, 18 SCRA 417
52 Aniano vs. Philippine Veterans Affairs Office, 179 SCRA 214
53 Professional Video, Inc. vs. Technological Education and Skills Development Authority, 591 SCRA 83
37
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2.
The principle that a suit against the State involving property in which it claims to have an interest is not allowable does not
apply in:
a.
b.
c.
d.
3.
A suit will not be dismissed on the ground that it involves an act which belongs to the State in his political capacity in case of:
a.
b.
c.
d.
4.
b.
c.
d.
A suit against a public officer to prohibit the enforcement of an unconstitutional law. 65
A suit for dismissing a subordinate employee for dealing in prohibited drugs. 66
A suit for violation of constitutional rights. 67
A petition for mandamus to compel the release of public funds appropriated for payment of pension benefits.68
The defense of immunity of the State from suit is waived in case:
a.
b.
c.
d.
7.
A suit by the owner of a motor vehicle seized by officers of the Department of Environment and Natural Resources for
transporting illegally cut timber sued them to recover the motor vehicle. 61
A suit for damages filed by an acquitted accused against the law officer who testified in the criminal case against him. 62
A suit against a regional director for refusing to allow the return of a government employee reassigned by the
Department Secretary in the absence of an authorization to return. 63
A suit against a public officer to annul the award to somebody else of the orbital slots assigned to a satellite company.64
A suit against a public officer is a suit against the State in case of:
a.
b.
c.
d.
6.
A suit to compel grant of an application for a visa.
A suit for payment of a sum of money which will require an appropriation of funds. 58
A suit to enjoin interference with logging operations in a military base. 59.
A suit by a stockholder of a sequestered corporation to allow inspection of its records. 60
A suit against a public officer is not a suit against the State in case:
a.
5.
A suit in which the plaintiff claims an interest adverse to the State.54
A suit to recover just compensation for property taken by the State without filing an expropriation case. 55
An action questioning the revocation of a timber license which was issued without authority. 56
An action to recover ownership of a piece of land on the basis of a claim by the plaintiff that he had an informacion
posesoria. 57
Congress passed a law waiving the immunity from suit. 69
A commission created to investigate the violent dispersal of a rally recommended payment of indemnity to the victims.70
The Solicitor General failed to invoke it as a defense. 71
The President ordered the Solicitor General to waive it as a defense.
A governmental agency is performing governmental functions if:
a.
b.
It is engaged in the construction and maintenance of roads. 72
It is engaged in the collection and disposal of garbage. 73
54
Lim vs. Brownwell, 107 Phill. 344
Ministerio vs. Court of First Instance of Cebu, 40 SCRA 464
56 Tan vs. Director of Forestry, 125 SCRA 302
57 Republic vs. Feliciano, 148 SCRA 429
58 United States vs.Guinto, 182 SCRA 649
59 Baer vs. Tizon, 57 SCRA 1
60 Republic vs. Sandiganbayan, 199 SCRA 39
61 Calub vs. Court of Appeals, 331 SCRA 55
62 Muncher vs. Court of Appeals, 397 SCRA 245
63 Republic vs. Court of Appeals, 182 SCRA 721
64 Philippine Agila Satellite, Inc vs. Lichauco, 489 SCRA 22
65 J.M. Tuazon & Company, Inc. vs. Land Tenure Administration, 31 SCRA 413
66 United States vs. Ceballos, 182 SCRA 649
67 Aberca vs. Ver, 160 SCRA 590
68 Animas vs. Philippine Veterans Administration, 174 SCRA 214
69 Social Security System vs. Court of Appeals, 120 SCRA 707
70 Republic vs. Sandoval, 220 SCRA 124
71 United States of America vs. Ceballos, 182 SCRA 644
72 Palafox vs. Province of Ilocos Norte, G.R. No. L-10659, January 1, 1959
73 Department of Public Services Labor Union vs. Court of Industrial Relations, 110 Phil, 927
55
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c.
d.
8.
A government agency is not performing governmental functions if:
a.
b.
c.
d.
9.
It services the printing needs of the government. 74
It is engaged in the construction and administration of irrigation systems. 75
It is engaged in banking. 76
It is engaged in improvement of the economic conditions of farmers. 77
It is trading in palay, rice, and corn to stabilize their prices. 78
It is engaged in low-cost housing. 79
A government instrumentality is not performing governmental function if:
a.
b.
c.
d.
It is providing insurance. 80
It manages airports. 81
It is providing education. 82
It is handling formal and non-formal training. 83
10. A government performing proprietary function cannot be sued if:
a.
b.
c.
d.
11.
It is the Bureau of Customs operating the arrastre service. 84
It is operating a railway.85
It is operating a restaurant. 86
It is the Armed Forces of the Philippines operating a commissary. 87
The State can be sued if the contract in which it is involved is:
a.
b.
c.
d.
12.
A contract related to defense, 88
Purchase of bluestone copper sulfate by the Bureau of Telecommunications for services it is rendering. 89
Preparation of plans, specifications and documents for a hospital and construction supervision which were rendered.90
Contract for printing of polyvinyl identification cards for trainees entered into by an unincorporated government
instrumentality performing governmental functions. 91
The State cannot be sued when the suit involves a contract when:
a.
b.
c.
d.
A government office organized to disseminate government information obtained a loan to pay for the rights to telecast
basketball games: 92
A donor sued to revoke a donation for failure of the government agency to comply with the conditions of the donation.93
The government agency convinced the contractor to complete the project upon assurance that additional funds would be
appropriated. 94
A taxpayer sued to enjoin the award of a contract because the bid of the lowest bidder should be considered
unacceptable. 95
74
Bureau of Printing vs. Bureau of Printing Employees Association, 110 Phil, 952
Fontanilla vs. Maliaman, 179 SCRA 685
76 Republic vs. Philippine National Bank, 13 SCRA 24
77 Philippine Virginia Tobacco Administration vs. Court of Industrial Relations, 65 SCRA 416
78 Republic vs. Court of First Instance of Rizal, 99 SCRA 660
79 Badillo vs. Tayag, 400 SCRA 494
80 Social Security System Employees Association vs. Soriano, 9 SCRA 511
81 Manila International Airport Authority vs. Court of Appeals, 495 SCRA 591
82 Serrano vs. Sandiganbayan, 542 SCRA 224
83 Professional Video, Inc. vs. Technological Education and Skills Development Authority, 391 SCRA 83
84 Mobil Philippines Explorations, Inc vs. Customs Arrastre Service, 18 SCRA 1120
85 Malong vs. Philippine National Railway, 138 SCRA 63
86 United States vs. Guinto, 182 SCRA 644
87 Philippine Refining Company vs. Court of Appeals, 256 SCRA 667.
88 United States vs. Ruiz, 136 SCRA 482
89 Pacific Products, Inc. vs. Ong, 151 SCRA 536.
90 Department of Health vs. C.V. Canchela & Associates, 475 SCRA 218
91 Professional Video, Inc. vs. Technical Education and Skills Development Authority, 591 SCRA 83
92 Traders Royal Bank vs. Intermediate Appellate Court, 192 SCRA 305
93 Santiago vs. Republic, 87 SCRA 2004
94 EPG Construction Company vs. Vigilar, 354 SCRA 566
95 Republic vs. Nolasco, 457 SCRA 400
75
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13.
When the State gets involved in a lawsuit, the waiver of immunity does not include in one of these:
a.If it filed a complaint, a compulsory collection can be raised against it:96
b.A petition for certiorari may be filed against it as an incident of the case it filed. 97
c.If it intervened in an action and asked for affirmative relief, a compulsory counterclaim may be filed against it. 98
d. If it filed a complaint, a permissive counterclaim may not be filed against it. 99
C. Separation of Powers and Checks and Balances
1.
The following statement is correct:
a.
b.
c.
d.
2.
A law granting the President of the Senate and the Speaker of the House of Representatives power to appoint officers in
the Executive Department is valid: 100
A law providing that a constitutional provision interpreted by the Supreme Court should be interpreted differently is
valid. 101
A law authorizing Members of Congress to propose and identify projects to be funded by the countrywide development
fund is valid. 102
A law requiring that the implementing rules and regulations be submitted to a Joint Congressional Oversight Committee
is valid. 103
The following statement is correct:
a.A law giving the Ombudsman the power to review a decision of the Supreme Court is valid. 104
b. A law giving the Secretary of Justice the power to discharge someone to be a state witness
c.
d.
pursuant to a witness
protection program encroaches upon the power of the court to discharge a state witness. 105
The President may veto a law appropriating funds to pay the increase in the retirement benefits of retired Justices of the
Supreme Court awarded in a decision of the Supreme Court is valid. 106
A Senator cannot ask the Supreme Court to compel the Office of the President to submit to the Senate a treaty to which
the Philippines has acceded for its concurrence in the ratification. 107
3.The following statement is correct:
a.A law requiring members of the Judiciary to act as arbitrators is valid. 108
b.A law providing that executive officers who have the same rank members
of the Judiciary and who are charged
administratively be investigated by the Supreme Court is valid. 109
c.Appointing a member of the Judiciary as an adviser in the Executive Department is valid.110
d. A law requiring arbitration of certain disputes is valid. 111
4.The following statement is correct:
a.The
Supreme Court can review whether the punishment of a member of the House of Representatives for disorderly
behavior was tainted with grave abuse of discretion. 112
b.The Supreme Court can review if an amendment inserted by a Bicameral Conference Committee of Congress is invalid,
because it was not the subject of any disagreement between the two chambers. 113
96
Froilan vs. Pan Oriental Shipping Company, 95 Phil. 905
Republic vs. Sandiganbayan, 184 SCRA 383
98 Dizon vs. Rodriguez, 13 SCRA 704
99 Spawr vs. United States, 796 F2d. 279
100 Springer vs. Government of the Philippine Island, 277 U.S. 189
101 Endencia vs. David, 93 Phil, 696
102 Philippine Constitution Association vs. Enriquez, 235 SCTA 506
103 Abakada Guro Party List vs. Purisima, 562 SCRA 251
104 In re Laureta, 148 SCRA 280
105 Webb vs. De Leon, 247 SCRA 852
106 Bengzon vs. Drilon, 208 SCRA 133
107 Pimentel vs. Office of the Executive Secretary, 462 SCRA 622
108 Manila Electric Company vs. Pasay Transportation Company, 57 Phil. 600
109 Noblejas vs. Teehankee, 23 SCRA 405
110 In re Manzano, 166 SCRA 246
111 Philippine Veterans Investment Development Corporation vs. Velez, 199 SCRA 405
112 Osmeña vs. Pendatun, 109 Phil, 863
113 Philippine Judges Association vs. Prado, 227 SCRA 703
97
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c.
d.
The Supreme Court can review if the representation of the Members of the Commission on Appointments complied with
the proportional representation of the political parties. 114
The Supreme Court can review the manner of selection of the officers of Senate apart from its President. 115
III. Legislative Department
A.
Delegation of Legislative Power
I. Legislative power may not be delegated in the following instances:
a.
Delegation of tariff powers and emergency powers to the President.
Delegation to the people at large through initiative and referendum
c. Delegation to local governments of matters of local concern. 116
d. Delegation to the Judiciary of the penalty for a criminal offense without providing for the minimum and the maximum of
the penalty.117
b.
2.
The delegation of rule-making power to an administrative agency is not valid in case:
a. Operation of private schools is based on efficiency and adequate instruction to the public. 118
b.
The law grants the President the power to create municipalities.119
c.. The Secretary of Labor and Employment may assume jurisdiction over a labor dispute in an industry indispensable to
national interest. 120
d. The Board of Medical Education is authorized to regulate medical schools for the standardization of medical
education. 121
3.
The delegation of rule-making power to an administrative agency is not valid in case:
a.
b.
c.
d.
4.
A law delegating rule-making power to an administrative agency is not valid in case:
a.
b.
c.
d.
5.
Public safety is not expressly stated but is merely implied as a standard for the rule-making power of the Land
Transportation Office. 122
The law authorizes the Director of Animal Industry to distribute confiscated carabaos to deserving farmers as he may
see it. 123
The law authorizes the Philippine Overseas Employment Administration to protect the rights of overseas Filipino workers
to favorable and equitable employment practices. 124
The law provides that the National Telecommunications Commission should be guided by the requirements of public
safety, public interest and reasonable feasibility of maintaining effective competition. 125
The law authorizes the Chairman of the National Meat Inspection Commission to distribute confiscated carabeef to
charitable institutions and other similar institutions as he may see fit. 126
The law automatically appropriates funds to pay the principal, interest, taxes and normal banking charges on loans of the
Philippines as they become due, without specifying the amount. 127
The law authorized the Department of Budget and Management to classify positions in the government to provide equal
pay for equal work and to base differences in pay upon differences in duties and qualification.128
A law authorized the Secretary of Health to issue rules and regulations for the promotion of public health. 129
A law which authorizes delegation of power is not valid in case:
114
Guingona vs. Gonzales, 214 SCRA 789
Santiago vs. Guingona, 298 SCRA 756
116 Abakada Guro Party List vs. Ermita, 469 SCRA 1
117 People vs. Dacuycuy, 173 SCRA 90
118 Philippine Association of College and Universities vs. Secretary of Education, 97 Phil. 806
119 Pelaez vs. Auditor General, 155 SCRA 569
120 Free Telephone Workers Union vs. Minister of Labor and Employment, 108 ACRA 757
121 Tablarin vs. Gutierrez, 152 SCRA 730
122 Agustin vs. Edu, 188 SCRA 195
123 Ynot vs. Intermediate Appellate Court, 148 SCRA 659.
124 Conference of Maritime Manning Agencies, Inc. vs. Philippine Overseas Employment Administration, 243 SCRA 666
125 Philippine Communications Satellite Corporation vs. Alcuaz, 180 SCRA 218
126 Ynot vs. Intermediate Appellate Court
127 Guingona vs. Carague, 196 SCRA 221
128 Rodriquez vs. Sandiganbayan, 309 SCRA 661
129 Beltran vs. Secretary of Health, 476 SCRA 168.
115
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a.
The law authorizes mayors to refuse a permit for a public assembly if there is a clear and present danger to public order,
public safety, public convenience, public morals or public health.130
b. The law authorized the Energy Regulatory Commission to promulgate rules and regulations to ensure the total
electrification of the county and the quality, reliability, security and affordability of the supply of electric power.131
c. The law authorized the removal of officials and employees of the Bureau of Internal Revenue and the Bureau of
Customs if the revenue collection falls short of the goal by 7.5 percent. 132
d.. A law authorized the regulatory board of public utilities to require annually a detailed report of finances and operation in
such form and with such matters as the regulatory board may prescribe. 133
6.A law which authorizes delegation of power is not valid in case:
a.
b.
c.
d.
B.
The law authorized the President to reorganize the Executive Department to achieve simplicity, economy, and
efficiency. 134
The law authorizes the President to reorganize the administrative regions without prescribing any standard and the
standard may be found in another law on the same subject. 135
A law granted an administrative agency the power to impose fines not exceeding P1,000 daily. 136
A law authorizes the courts to impose imprisonment as a penalty for a criminal offense without a minimum or a maximum
duration. 137
Organization of Congress
1.The number of Congressmen cannot be increased by:
a.
b.
c.
d.
Creation of a new city with a population of at least 250,000. 138
Creation in a province of a new legislative district with a population of less than 250,000. 139
Creation of new legislative districts by the Regional Assembly of the Autonomous Region in Moslem Mindanao.140
Increase of the legislative districts in a city or province. 141
2.The following statement regarding the party-list system is incorrect:
a.
Major political parties can participate in the party-list elections. 142
b. The party-list organizations must represent the marginalized and underrepresented constituents only. 143
c.
It is not mandatory that the party-list congressmen constitute 20% of the congressmen. 144
d.
A party-list organization can be entitled to a seat in the House of Representatives even if it obtained less than two
percent of the votes cast for the party-list system. 145
3.
The following organizations are not entitled to participate in the party-list elections:
a.Businessmen146
b.Professionals 147
c.Homosexuals 148
d.Women149
130
Bayan, Karapatan, Kilusang Magbubukid ng Pilipinas vs. Ermita, 488 SCRA 226.
Gerochi vs. Department of Energy, 527 SCRA 696.
132 Abakada Guro Party List vs. Purisima, 562 SCRA 251.
133 Compania General de Tabacos de Filipinas vs. Board of Public Utility, 34 Phil. 136
134 Anak Mindanao Party List Group vs. Executive Secretary, 531 SCRA 583
135 Chiongbian vs. Orbos, 245 SCRA 253
136 Pacific Steam Laundry, Inc. vs. Laguna Lake Development Authority, 608 SCRA 442
137 People vs. Dacuycuy, 173 SCRA
138 Tobias vs. Abalos, 239 SCRA 106
139Aquino vs. Commission on Elections, 617 SCRA 623
140 Sema vs. Commission on Elections, 558 SCRA 700.
141 Bagabuzo vs. Commission on Elections, 573 SCRA 270
142 Barangay Association for National Advancement of Transparency vs. Commission on Elections, 586 SCRA 210.
143 Bayan-OFW Party vs. Commission on Elections, 359 SCRA 698
144 Barangay Association for National Advancement for Transparency vs. Commission on Electiosn, 586 SCRA 210
145 Ibid
146 Ang Bagong Bayan-OFW Labor Party vs. Commission on Elections, 359 SCRA 698
147 Section , Republic Act No. 7941.
148 Ang Ladlad LGBT Party vs. Commission on Elections, 618 SCRA 32
149 Section 5, Republic Act No. 7941
131
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4.The names of the nominees or the order of the nominees in the list of a party-list organization cannot be changed after their
submission to the Commission of Elections except if:
a.The nominee dies
b.The nominee withdraws in writing
c.The nominee becomes incapacitated
d.The nominee is withdrawn by the party-list organization
5.A legislative district need not be:
a.Contiguous
b.Compact
c.Adjacent 150
d.Homogenous
6.A candidate for Congressman does not comply with the residence requirement in case:
a.He does not own any property in the legislative district. 151
b.He leased a house in the legislative district but bought it and transferred his registration as a voter in the legislative
district less than a year before the election. 152
c.He leased a house in the legislative district, he married there, and his daughter was born there but he kept a mistress
in another legislative district and was registered as a voter there. 153
d.He operated business in the legislative district for years before he ran, his children were schooling there two years
before, and he leased a house there more than a year before. 154
7.The following statement is correct:
a.
b.
c.
d.
C.
The special election to fill a vacancy in the Senate cannot be held together with the regular elections. 155
If the law increases the salaries of Members of Congress, the Congressmen who approved it can collect the
increased salaries at their next term 156
Members of Congress need not disclose their financial and business interests. 157
A Member of Congress may file a bill which affects his business interests. 158
Legislative Privileges, Inhibitions and Disqualifications
1.
The following statement is correct:
a.
b.
c.
d.
2.
Congress can pass a law expanding the scope of the immunity from arrest of its Members. 159
A Congressman facing a criminal case punishable by reclusion perpetua can compel that he be allowed to attend
the sessions of the House of Representatives. 160
The immunity from arrest of Members of Congress applies if Congress is in session even if they are not attending
the sessions. 161
The Sandiganbayan cannot order the arrest of Members of Congress who have a pending criminal case before it
if Congress is in session. 162
The parliamentary immunity of Members of Congress for speeches and debates does not extend to:
a.A speech sponsoring or opposing a bill. 163
b.Statements during debates on a bill. 164
150
Section 5 (3), Article 5 of the Constitution
Co vs. Electoral Tribunal of the House of Representatives, 199 SCRA 692
152 Domino vs. Commission on Elections, 310 SCRA 546
153 Perez vs. Commission on Elections, 317 SCRA 641
154 Fernandez vs. House of Representatives Electoral Tribunal, 608 SCRA 433.
155 Section 4, Republic Act No. 7166
156 Philippine Constitution Association Inc. vs.. Gimenez, 15 SCRA 479.
157 Section 12, Article VI of the Constitution
158 Ibid.
159 Martinez vs. Morfe, 44 SCRA 22
160 People vs. Jalosjos, 324 SCRA 689
161 Record of the Constitutional Commission, Vol. II, p. 195.
162 Section II, Article VI of the Constitution
163 Jimenez vs. Cabangbang, 17 SCRA 876
164 Ibid
151
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c.A speech explaining his vote. 165
d.A derogatory letter written to the President. 166
3.
The parliamentary immunity of Members of Congress applies in case:
a.He made a statement during a committee hearing. 167
b.He was held liable for disorderly behavior by Congress for delivering an irresponsible speech.168
c.He delivered a privileged speech inside Congress attacking the Supreme Court after his application for appointment to
the Supreme Court was rejected. 169
d.He issued a press release. 170
4.
A member of Congress is not required by the Constitution:
a.
b.
c.
d.
5.
To give up his seat if he was elected Chairman of the Philippine National Red Cross. 171.
To give up his seat if he was elected director of a government corporation organized under the Corporation
Code. 172
To reject his appointment to an office created during his term. 173
To reject his appointment as judge if the salaries of judges were increased during his term. 174
A member of Congress is not prohibited from:
e.Personally appearing in his own behalf before any court. 175
f.Signing a pleading for a client of his law office. 176
g.Appearing as law counsel before a court martial. 177
h.Buying a nominal amount of shares in a corporation and
intervening in his own behalf in an intra-corporate
dispute. 178.
6.
7.
A
Member of Congress is not prohibited by the Constitution:
a.
b.
c.
d.
To enter into a contract to ride a train of the Philippine National Railway. 179
To enter into a contract to sell property to the Government. 180
To be a stockholder of a corporation that will enter into a contract for gain with the Government 181
To have his wife be a director of a corporation which has a contract for gain with the government. 182
A Member of Congress is prohibited by the Constitution:
a.. To acquire shares of stock in a power corporation, a mining corporation, or a logging corporation. 183
b. To intervene for a relative without any pecuniary consideration.184
c. To be a retained counsel of a bank being investigated by the Committee on Banks of the House of which he is a
Member. 185
d. To intervene in a matter before a government office for a fee. 186
165
Ibid
Ibid
167 Jimenez vs. Cabangbang, 17 SCRA 876.
168 Osmeña vs. Pendatun, 109 Phil, 863
169 Pabre vs. Defensor-Santiago, 597 SCRA 1
170 Hutchinson vs. Proxmire, 443 U,S. 111.
171 Liban vs. Gordon, 593 SCRA 68
172 Section 13, Article VI of the Constitution
173 Ibid
174 Ibid
175 Villegas vs. Legaspi, 113 SCRA 39
176 Villegas vs. Legaspi, 113 SCRA 39.
177 Marcos vs. Chief of Staff, 89 Phil. 246
178 Puyat vs. De Guzman, 113 SCRA 31
179 Opinion No. 49 of the Secretary of Justice dated March 5 , 1948
180 Opinion No. 18 of the Secretary of Justice dated February 18, 2000.
181 Opinion No. 86 of the Secretary of Justice dated June 4, 1982.
182 Record of Constitutional Commission, Vol. II, p. 106.
183 Section 14. Article VI of the Constitution.
184 Ibid
185 Ibid
186 Ibid
166
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D.
Quorum and Voting
1.
The following statement is incorrect:
a.
b.
c.
d.
2.
The quorum of each House of Congress consists of the majority of the Members, but those who are abroad are
excluded in the computation of the majority.187
The President of the Senate and the Speaker of the House shall be elected by a majority of all the Members of each
House. 188
Each House of Congress may suspend or expel a Member for disorderly behavior by the vote of two-thirds of all its
Members. 189
Congress by a vote of three-fourths of both Houses voting separately may declare the existence of a state of war. 190
The following statement is incorrect:
a.
Congress may override the presidential veto of a bill by a two-thirds vote of all the Members of each House voting
separately. 191
b. A law granting a tax exemption must be approved by two-thirds majority of all the Members of Congress voting
separately. 192
c. Congress, voting jointly, may revoke the proclamation of martial law or the suspension of the privilege of the writ of
habeas corpus by the majority vote of all its Members. 193
d.. To be valid, the concurrence of the Senate in the ratification of a treaty or international agreement must be by at
least two-thirds majority of all its Members. 194
3.
The following statement is incorrect:
a.
b.
c.
d.
E.
The vote of at least one-third of all the Members of the House of Representatives is needed to initiate a case of
impeachment. 195
The concurrence of at least two-thirds of all the Members of the Senate is required to convict in a case of
impeachment. 196
The vote of three-fourths of all Members of Congress, voting jointly, is required to propose any amendment or
revision of the Constitution. 197
Congress may, by a vote of two-thirds of all its Members, voting separately, call a constitutional convention or by a
majority of all its Members, voting separately, submit to the electorate the calling of a constitutional convention. 198
Discipline of Members
.
1.
One of these statements is not correct:
a.
b.
c.
d.
A Member of Congress may be suspended for delivering a privileged speech making unfounded imputations of
bribery against the President. 199
The disorderly behavior for which a Member of Congress may be disciplined need not be connected with the
performance of his official duties. 200
The act constituting disorderly behavior for which a Member of Congress was suspended cannot be reviewed by the
Supreme Court. 201
The Sandiganbayan cannot order the suspension of a Member of Congress who has a pending case before it for
violation of the Anti-Graft and Corrupt Practices Act. 202
187 Avelino
vs. Cuenco, 83 Phil. 17
Section 16, Article VI of the Constitution
189 Section 16 (3), Article I of the Constitution
190 Section 23 (1), Article I of the Constitution
191 Section 27 (1), Article VI of the Constitution
192 Section 28 (4), Article VI of the Constitution
193 Section 18, Article VII of the Constitution
194 Section 21, Article VII of the Constitution.
195 Section 3 (4), Article XI of the Constitution.
196 Section 3 (6), Article XI of the Constitution.
197 Section 1 (1), Article XVIII of the Constitution; Miller vs. Mardo, 2 SCRA 898.
198 Section 3, Article XVII Of the Constitution, Miller vs. Mardo, 2 SCRA 298
199 Osmeña vs. Pendatun, 109 Phil. 863
200 In re Chapman, 166 U.S. 661.
201 Osmeña vs, Pendatun, 109 Phil. 863.
202 Santiago vs. Sandiganbayan, 356 SCRA 636.
188
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F.
Electoral Tribunal
1.
One of the following statements is incorrect:
a.
b.
c.
d.
2.
One of the following statements is incorrect.
a.
b.
c.
d.
G.
1.
If a losing candidate for Senator filed a protest against all winners, the Senators who are Members of the Senate
Electoral Tribunal cannot be disqualified on the ground of bias. 203
A political party can have the Member of the Electoral Tribunal belonging to it replaced at any time during the
pendency of an electoral contest. 204
The Electoral Tribunals have the power to promulgate rules of procedure, including the period for filing an election
protest. 205
The Supreme Court can review the decisions of the Electoral Tribunals. 206
The House of Representatives Electoral Tribunal has jurisdiction to decide whether the nominee of a party-list
organization who has assumed office is a bona fide representative of the marginalized and unrepresented
sectors. 207
The Electoral Tribunals have no jurisdiction to decide whether the substitute for a candidate who withdrew complied
with the statutory requirement that he belong to the same party.208
A losing candidate for Congress who claimed that the proclamation of the winning candidate was void because it
was based on an incomplete canvass, must raise this issue in the Electoral Tribunal. 209
The Commission on Elections loses jurisdiction over a petition to disqualify a candidate for Congress once the
candidate has been proclaimed as winner and has assumed office. 210
Commission on Appointments
One of these statements is incorrect:
a.
b.
c.
d.
The representatives of the political parties in the Commission on Appointments can be reorganized in case of a
temporary alliance of some political parties. 211
The representatives of political parties in the Commission on Appointments can be reorganized at any time that
there is a permanent change in their political alignment. 212
For a political party to be entitled to be represented in the Commission on Appointments, its incumbent Members of
the House to which they belong should constitute at least one-twelfth of the entire composition of the House. 213
In the allocation of the seats of political parties in the Commission on Appointments, fractional seats cannot be
rounded off to a whole seat.214
H. Powers of Congress
1.
The bill which need not originate exclusively from the House of Representatives is:
a.
b.
c.
d.
An appropriation bill. 215
A bill authorizing increase of the public debt. 216
A bill of local application. 217
A bill appropriating public funds to carry out its purpose. 218
203 Abbas
vs. Commission on Elections, 166 SCRA 651
Bondoc vs. Pineda, 201 SCRA 792
205 Lazatin vs. House Electoral Tribunal, 168 SCRA 391
206 Lerias vs. House of Representatives Electoral Tribunal, 202 SCRA 808.
207 Abayon vs. House of Representatives Electoral Tribunal. 612 SCRA 375
208 Guerrero vs. Commission on Elections, 336 SCRA 458
209 Barbers vs. Commission on Elections, 460 SCRA 569
210 Limkaichong vs. Commission on Elections, 583 SCRA 18
211 Cunanan vs. Tan, 3 SCRA 1
212 Dayo vs. Singson, 180 SCRA 496
213 Coseteng vs. Mitra, 187 SCRA 371
214 Guingona vs. Gonzales, 214 SCRA 789
215 Section 24, Article VI of the Constitution
216 Ibid
217 Ibid
218 Association of Small Landowners of the Philippines, Inc. vs. Secretary of Agrarian Reforms, 175 SCRA 1343
204
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2. The bill which need not originate exclusively from the House of Representatives includes:
a.
b.
c.
d.
A private bill. 219
A bill authorizing a party to sue the State. 220
A bill converting a municipality to a city.221
A bill providing for the registration of cellphones and imposing a registration fee. 222
3. The power of the Senate to propose or concur with amendments in a revenue bill does not include:
a.
b.
c.
d.
Filing simultaneously a similar bill. 223
Proposing substantial amendments in the bill. 224
Discarding the House bill upon its referral to the Senate and replacing it with a substitute bill. 225
Increasing the share of local governments in national taxes. 226
4. One of these statements is incorrect:
a.
b.
c.
d.
5.
Congress may increase the appropriations recommended by the President for the operation of the Government as
specified in the budget. 227
No provision shall be embraced in the general appropriations bill unless it relates specifically to a particular
appropriation in it. 228
Any provision in the general appropriations bill shall be limited in its operation to the appropriation to which it
relates. 229
The procedure in approving appropriation for Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies. 230
One of these statements is incorrect:
a.
b.
c.
d.
A special appropriations bill shall specify the purpose for which it is intended and shall be supported by funds
actually available as certified by the National Treasurer or to be raised by a corresponding revenue proposal.231
No law shall be passed authorizing any transfer of appropriations. 232
Discretionary funds may be disbursed at the discretion of the public officers to whom they were given. 233
If by the end of a fiscal year Congress fails to pass the general appropriation bill for the ensuing fiscal year, the
general appropriations bill shall be deemed re-enacted until a general appropriations bill is passed. 234
6. One of these statements is correct:
a.
b.
c.
d.
7
A Member of Congress may be authorized to ask the President of the Senate or the Speaker of the House of
Representative to re-align the appropriation for the operational expenses of his office to another expense. 235
The Chief of Staff may be authorized to augment an item from savings from other items. 236
The Deputy Executive Secretary may be authorized to augment an item from savings from other items 237
The Ombudsman may be authorized to augment an item from savings from other items 238.
This provision which may not be included in the general appropriations bill is:
219
Section 24, Article VI of the Constitution
Ibid
221 Ibid
222 United States vs. Norton, 91 U.S. 566
223 Tolentino vs. Secretary of Finance, 235 SCRA 630
224 Tolentino vs. Secretary of Finance, 249 SCRA 628
225 Ibid
226 Province of Batangas vs. Romulo, 429 SCRA 81
227 Section 25 (1), Article VI of the Constitution
228 Section 25 (2), Article VI of the Constitution
229 Ibid
230 Section 25 (3), Article VI of the Constitution
231 Section 25 (4), Article VI of the Constitution
232 Section 25 (3), Article VI of the Constitution
233 Section 25 (6), Article VI of the Constitution
234 Section 25 (7), Article VI of the Constitution
235 Philippine Constitution Association vs. Enriquez, 235 SCRA 506.
236 Ibid
237 Sanchez vs. Commission on Audit, 552 SCRA 471.
238 Section 29 (5), Article VI of the Constitution
220
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a.
b.
c.
d.
8.
This provision which may be included in the general appropriations act is:
a.
b.
c.
d.
9.
A provision regulating the reversion to inactive status of officers in the Armed Forces of the Philippines. 239
A provision prohibiting the President from restoring an item in the proposed budget which was abolished by
Congress or from increasing an item in the proposed budget which was reduced by Congress. 240
A provision prohibiting the use of the funds appropriated for payment of the national debt to pay for the debts of the
Central Bank of the Philippines. 241
A provision limiting to 30 percent of the appropriation for public works the amount to be contracted for maintenance
of roads and bridges. 242
A provision repealing the Presidential Decrees automatically appropriating funds for payment of the national debt.243
A provision requiring the deactivation of the Civilian Armed Forces Geographical Unit. 244
A provision requiring congressional approval for the release of funds for the modernization of the Armed Forces of
the Philippines, 245
A provision requiring compliance by the Armed Forces of the Philippines with the Generic Act in the purchase of
medicines. 246
One of these statements is incorrect:
a.
b.
c.
d.
The Toll Regulatory Board cannot stipulate in a contract that it will pay a tollway operator the difference between its
actual collections and the amount it should have been allowed to collect. 247
The Presidential Decrees automatically appropriating funds to pay for the national debt were repealed by the
Constitution. 248
No public funds may be paid to any priest, preacher, minister or dignitary as such except when he is assigned to the
Armed Forces of the Philippines, to any penal institution, to a government orphanage, or to a leprosarium. 249
Public funds may be appropriated for a legitimate secular purpose even if it might incidentally benefit a religious
sect. 250
10. One of these statements is not correct:
a.
b.
c.
d.
All money collected on any tax levied for a special purpose shall be treated as a special fund and shall be paid out
for such purpose only.251
If the purpose for which a special fund was created has been fulfilled or abandoned, the balance shall be refunded
to the taxpayers. 252
Public funds cannot be appropriated to build a road in a private subdivision. 253
A tax cannot be levied to be used as capital contribution to a private corporation to enable it to pay its debts. 254
11. The provision in a bill is not reflected in its title in the case of:
a.
b.
c.
d.
A provision in an act to amend and compile the laws relating to lands of public domain referred to private lands.255
A provision in the act to provide means for increasing the highway special law granted a partial exemption.256
The provision repealing the franking privilege of the judiciary was not mentioned in the act creating the Philippine
Postal Corporation. 257
A provision in a law act to expand the scope of the value added tax repealed an exception from such tax.258
239
Garcia vs. Mata, 65 SCRA 520
Gonzales vs. Macaraig, 191 SCRA 452.
241 Philippine Constitution Association vs. Enriquez, 235 SCRA 506
242 Philippine Constitution Association vs. Enriquez, 235 SCRA 506
243 Philippine Constitution Association vs. Enriquez, 235 SCRA 506
244 Ibid
245 Philippine Constitution Association vs. Enriquez, 235 SCRA 506
246 Ibid
247 Francisco vs. Toll Regulatory Board, 633 SCRA 470
248 Guingona vs. Carague, 196 SCRA 221
249 Section 29 (2), Article VI of the Constitution
250 Aglipay vs. Ruiz, 64 Phil. 201
251 Section 29 (3), Article VI of the Constitution
252 Ibid
253 Pascual vs. Secretary of Public Works and Communications, 110 Phil. 331
254 Planters Products, Inc. vs. Fertiphil Corporation , 548 SCRA 485
255 Central Capiz vs. Ramirez, 40 Phil. 887
256 Insular Lumber Company vs. Court of Tax Appeals, 104 SCRA 710
257 Philippine Judges Association vs. Prado, 227 SCRA 703
258 Tolentino vs. Secretary of Finance, 235 SCRA630
240
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12.
The provision in a bill is not reflected with title in the case of:
a.
b.
c.
d.
13.
The provision in a bill is not reflected in its title in the case:
a.
b.
c.
d.
14.
A provision in an act amending the law creating the Government Services Insurance System granted retirement
benefits to Members of Congress. 259
A provision in the act which converted a municipality, which has a population of at least 250,000 into a city made it a
new legislative district. 260
A provision in the Organic Act for the Autonomous Region in Muslim Mindanao provided for reorganization of the
other remaining regions. 261
A provision in a law further defining the jurisdiction of the Sandiganbayan eliminated the requirement that ranking
officers of the Philippine National Police be changed as principal to fall within its jurisdiction. 262
A provision in an act creating a municipality in a province included in its territory portions of municipalities in another
province. 263
A provision in an act providing for a general registration of voters provided that no election officer shall hold office in
a particular city or municipality for more than four years. 264
An act creating a city by merging the Municipalities of Bacon and Sorsogon did not provide for the abolition of the
municipalities. 265
A provision in the act providing for fair elections practices repealed the provision considering an elective official who
runs for another office as resigned upon the filing of his certificate of candidacy.266
One of these statements is not correct:
A law is not rendered invalid because in enacting it Congress disregarded its internal rules of procedure. 267
Congress cannot suspend a rule of procedure if it will violate a constitutional provision. 268
Congress cannot suspend a rule of procedure if it will violate the rights of private parties. 269
The rules of procedure of Congress are judicially enforceable. 270
15.
One of
these statements is not correct:
a.
b.
c.
d.
a.
b.
c.
d.
16.
An enrolled bill is conclusive upon the Judiciary because of separation of powers. 271
If there was a mistake in printing a bill before it was certified by the officers of Congress and approved by the
President, the Judiciary can correct the mistake. 272
If the President of the Senate invalidated his signature on the enrolled bill because it was not the bill approved by
Congress and the President withdrew his approval of the bill, the rule that an enrolled bill is conclusive upon the
Judiciary is not applicable. 273
The principle that an enrolled bill is conclusive upon the Judiciary is not applicable to a congressional proposal to
amend the Constitution. 274
One of these statements is not correct:
a.
The President can certify to the necessity of the immediate enactment of a bill to meet a public calamity or
emergency. 275
259
Philippine Constitution Association, Inc. vs. Gimenez, 15 SCRA 479
Tobias vs. Abalos, 239 SCRA 106
261 Chiongbian vs. Orbos, 245 SCRA 253
262 Lacson vs. Executive Secretary, 301 SCRA 298
263 Lidasan vs. Commission on Elections, 21 SCRA 2
264 De Guzman vs. Commission on Elections, 336 SCRA 188
265 Canoling vs. Commission on Elections, 368 SCRA 493
266 Fariñas vs. Executive Secretary, 417 SCRA 503
267 Arroyo vs. De Venecia, 277 SCRA 268
268 Ibid
269 Ibid
270 Ibid
271 United States vs. Pons, 34 Phil. 729
272 Morales vs. Subido, 27 SCRA 131
273 Astorga vs. Villegas, 56 SCRA 719
274 Gonzalez vs. Commission on Elections, 21 SCRA 774
275 Section 26 (2), Article VI of the Constitution
260
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b.
c.
d.
17.
One of these statements is not correct:
a.
b.
c.
d.
18.
b.
c.
d.
The Bicameral Conference Committee can reconcile the differences regarding the rate of a tax in the two versions of
a bill by retaining the lower rate and providing for its increase to a higher rate upon fulfillment of certain
conditions. 283
The Bicameral Conference Committee cannot settle the differences in the provisions of two bills by eliminating both
provisions in the final form of the bill. 284
The Bicameral Conference Committee can reconcile the differences between a bill which placed a limitation on a tax
credit and the other bill which did not place a limitation on the tax credit by reducing limitation on the tax credit. 285
The Bicameral Conference Committee can settle the differences between two bills by adopting completely the
provisions of either of them. 286
A bill can become a law if:
a.
b.
c.
d.
20.
The constitutional prohibition against the introduction of amendments to a bill upon the third reading does not extend
to amendments by the Bicameral Conference Committee. 279
An amendment to a bill on a matter which was not subject of any differences in the versions of the two Houses of
Congress may be introduced by the Bicameral Conference Committee is valid. 280
The Bicameral Conference Committee can reconcile differences in the bills approved by the Senate and the House
of Representatives by substituting them with another bill so long as it is germane to the subject of the bills.281
The report of the Bicameral Conference Committee is not valid if it disregarded the internal rules of procedure of
Congress. 282
One of these statements is not correct:
a.
19.
The factual basis of the certification by the President is subject to judicial review in the absence of grave abuse of
discretion. 276
The certification by the President dispenses with the requirement that the three (3) readings be held on separate
days and the printed copies of a bill in its final form be distributed to the Members of Congress three days before the
third reading. 277
The certification sent by the President to the Senate for the immediate enactment of the tax bill which originated
from the House of Representatives, is not valid if it referred to the substitute bill in the Senate. 278
The President approved it. 287
The President vetoed it within thirty days after he received it. 288
The President vetoed it and communicated his veto to the House from where it originated within thirty days after he
received it. 289
If the President vetoed it, but his veto was overridden by two-thirds vote of the Members of each House of
Congress. 290
The President can veto an item in a bill if it is:
a.
b.
c.
An appropriation bill. 291
A revenue bill. 292
A tariff bill.293
276
Tolentino vs. Secretary of Finance, 249 SCRA 628.
Tolentino vs. Secretary of Finance, 235 SCRA 630
278 Tolentino vs. Secretary of Finance, 249 SCRA 628
279 Tolentino vs. Secretary of Finance, 235 SCRA 630
280 Philippine Judges Association vs. Prado, 227 SCRA 703
281 Tolentino vs. Secretary of Finance, 235 SCRA 630.
282 Fariñas vs. Executive Secretary, 417 SCRA 563
283 Abakada Guro Party vs. Ermita, 469 SCRA 1
284 Ibid
285 Ibid
286 Ibid
287 Section 87 (1), Article VI of the Constitution
288 Ibid
289 Ibid
290 Ibid
291 Section 29, Article VI of the Constitution
292 Ibid
293 Ibid
277
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d.
21.
One of these statements is not correct:
a.
b.
c.
d.
22.
c.
d.
The provision on a progressive system of taxation completely prohibits regressive taxes.303
Basing the income tax of salaried employees on gross income while maintaining the income tax on professionals
and businessmen on net income violates the requirement of uniformity in taxation. 304
An implementing regulation which classified certain cigarettes by name as bearing foreign brand names and
subjected them to a higher tax violates the requirement of uniformity in taxation. 305
Granting tax exemptions to investors in a special economic zone without granting them to retailers outside it
violates the requirement of uniformity. 306
One of these statements is incorrect:
a.
b.
c.
d.
25.
The requirement of uniformity in taxation is similar to the guarantee of equal protection. 299
Taxation is equitable when its burden falls on those better able to pay. 300
Taxation is progressive when its rate goes higher depending on the resources of the person affected.301
Exempting the sale of agricultural products, food item, petroleum, medical and veterinary services, and the sale of
real property for low-cost housing violates the requirement of uniformity in taxation. 302
One of these statements is correct:
a.
b.
24.
In a revenue bill, an item does not refer to an entire provision but to the subjects of the tax and the rate of the tax.295
The President cannot veto a part of an item in an appropriation bill and allow the item to remain. 296
The President cannot veto a provision in the general appropriations act which is not a budgetary appropriation but is
a policy matter. 297
The President cannot veto a condition attached to an item in the general appropriations act which is germain to the
item and allow the item to remain. 298
One of these statements is not correct:
a.
b.
c.
d.
23.
A bill authorizing an increase of the public debt. 294
A law imposing a sixty-month period for claiming the input tax for the purpose of the value added tax on imported
capital goods acquired for more than one million pesos does not violate the requirement of uniformity. 307
A law subjecting payments by the government for taxable transactions to a five percent creditable withholding tax
instead of value added tax does not violate the requirement of uniformity. 308
A law which allows individual taxpayers to claim forty percent of their gross income as deduction for expenses
while corporate taxpayers are allowed only to claim specified items as deductions does not violate the requirement
of uniformity.309
A law which taxed existing brands of cigarettes on the basis of their net retail price on October 1, 1996 without a
provision for adjustments despite increases in their net retail price afterwards and which taxed new brands on the
basis of their net retail price at the time of their introduction violates the requirement of uniformity. 310
One of these statements is not correct:
294
Ibid
Commissioner of Internal Revenue vs. Court of Tax Appeals, 185 SCRA 329
296 Bengzon vs. Drilon, 208 SCRA 133
297 Philippine Constitution Association vs. Enriquez, 235 SCRA 506
298 Ibid
299 Sison vs. Ancheta, 130 SCRA 654
300 Reyes vs. Almanzor, 176 SCRA 322
301 Ibid
302 Tolentino vs. Secretary of Finance, 249 SCRA 628
303 Tolentino vs. Secretary of Finance, 249 SCRA 630
304 Sison vs. Ancheta, 170 SCRA 654
305 Commissioner of Internal Revenue vs. Court of Appeals, 261 SCTA 236
306 Tiu vs. Court of Appeals, 301 SCRA 278
307 Abakada Guro Party List vs. Ereneta,469 SCRA 1
308 Ibid
309 Tan vs. Del Rosario, 237 SCRA 324
310 British American Tobacco vs. Camacho, 562 SCRA 511
295
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a.
b.
c.
d.
26.
The power of Congress to conduct investigations in aid of legislation is not subject to one of the following limitations:
a.
b.
c.
d.
27.
d.
Members of the Supreme Court are excluded from the scope of the power of legislative investigation. 323
Because of the right to privacy, Congress cannot investigate a purely private affair. 324
Congress cannot conduct an investigation that will violate the right against self-incrimination of the witness
appearing before it. 325
Congress cannot compel Members of the Cabinet to appear in an investigation in aid of legislation. 326
In the exercise of its power to conduct investigations, Congress cannot investigate:
a.
b.
c.
d.
30.
The rights of persons appearing in or affected by the investigation must be respected.319
The subject matter of the investigation is the subject matter of pending administrative or judicial action. 320
The subject matter is covered by executive privilege.321
The President prohibited members of the Armed Forces of the Philippines from appearing in an investigation
without prior presidential approval. 322
One of these statements is not correct:
a.
b.
c.
29.
The subject matter must be one on which Congress can legislate. 315
The question is relevant to the subject matter under investigation316
Congress has already passed a law on the subject matter of the investigation. 317
The rules of procedure must be duly published. 318
The power of Congress to conduct investigations in aid of legislation is not subject to the following limitations:
a.
b.
c.
d.
28.
Charitable institutions, churches and parsonages or convents appurtenant to them, mosques, non-profit
cemeteries, and all lands, buildings, and improvements actually, directly, and exclusively used for religious,
charitable or educational purposes are not exempt from income taxation. 311
The exemption from taxation under Section 28 (3), Article VI of the Constitution is limited to real property tax. 312
If the director of a school and his family are living in a portion of the school building it is not exempt from real
property tax. 313
Where sixty percent of the beds in a hospital are used for charity patients and the money from paying patients is
donated to its charitable purpose but a portion of its building and the land on which the building stands are being
leased for commercial purposes, the portions of the properties that are being leased are not exempt from real
property tax. 314
Government contracts. 327
The operations of the government328
Malfeasance by government officials to determine if they should be prosecuted. 329
Sale of securities 330
One of these statements regarding the requirement of publication of the rules of procedure regarding legislative
investigations is correct:
311
Section 28 (3), Article VI of the Constitution
Commissioner of Internal Revenue vs. Court of Appeals, 298 SCRA 83
313 Abra Valley College, Inc. vs. Aguirre, 162 SCRA 106
314 Lung Center of the Philippines vs. Quezon City, 433 SCRA 119
315 Arnault vs. Nazareno, 87 Phil. 29
316 Ibid
317 Ibid
318 Garcillano vs. House of Representatives Committee on Public Information, 575 SCRA 170
319 Section 21, Article VI of the Constitution
320 Sabio vs. Gordon, 504 SCRA 456
321 Senate of the Philippines vs. Ermita, 488 SCRA 1
322 Guidani vs. Senga, 498 SCRA 671
323 Senate of the Philippines vs. Ereneta, 488 SCRA 1
324 Barenblatt vs. United States, 360 U.S. 109
325 Bengzon vs. Senate Blue Ribbon Committee, 203 SCRA 767
326 Senate of the Philippines vs. Ereneta, 488 SCRA 1
327 Arnault vs. Nazareno, 87 Phil. 29
328 Sabio vs. Gordon, 504 SCRA 456
329 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 564 SCRA 152
330 Standard Chartered Bank vs. Senate Committee on Banks, Financial Institutions and Currencies, 541 SCRA 456
312
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a.
b.
c.
d.
31.
One of the statements regarding legislative investigations is not correct:
a.
b.
c.
d.
32.
b.
c.
d.
Executive privilege is the power of the President to withhold information from the public, the courts and
Congress. 339
The power to invoke executive privilege is limited to the President.340
Executive privilege includes presidential communication privilege and deliberative process privilege. 341
Executive privilege cannot be invoked impliedly by the President. 342
One of these statements is not correct:
a.
b.
c.
d.
34.
A witness cannot invoke his right to privacy if he is being investigated about his acts in the performance of his
duties as a public officer. 335
A witness cannot invoke his right to privacy in an investigation regarding investments in securities. 336
In an investigation in aid of legislation, a witness cannot invoke his right against self-incrimination until an
incriminating question is asked. 337
Congress can compel a Member of the Cabinet to appear in an investigation in the exercise of its oversight
function. 338
One of these statements regarding executive privilege is not correct:
a.
33.
The rules of procedure must be published in each Congress unless they clearly state that they shall be effective in
subsequent Congresses or until they are amended or repealed. 331
The requirement of publication can be complied with by publishing the rules of procedure through the internet. 332
Before the publication of the rules of procedure, only the proceedings that result in violation of the rights of
witnesses are void. 333
The requirement of publication of the rules is not complied with by publishing them in booklet form available to
anyone for free. 334
Presidential communications privilege pertains to communications, documents or other materials which reflect
presidential decision-making and deliberations and what the President believes should remain confidential.
Deliberative process privilege includes advisory opinions, recommendations, and deliberations comprising part of
a process by which governmental decisions and policies are formulated. 343
Presidential communications privilege applies to decision-making of the President. Deliberative process privilege
applies to decision-making of executive officials. 344
Both presidential communications privilege and deliberative process privilege are based on separation of
powers. 345
Unlike the deliberative process privilege, presidential communications privilege applies to documents in their
entirety, and covers final and post-decisional materials, as well as pre-deliberative ones. 346
The following are the elements of presidential communications privilege:
a.
b.
c.
The communications relate to a quintessential and non-delegable power of the President. 347
The communications are received by a close adviser of the President or the President. 348
There is no adequate showing of a compelling need that will justify limitation of the privilege and of the
unavailability of the information elsewhere by an appropriate investigating authority. 349
331
Garcillano vs. House of Representatives Committee on Public Information,, 575 SCRA 170
Ibid
333 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 564 SCRA 152
334 Garcillano vs. House of Representatives Committee on Public Information, 575 SCRA 170
335 Sabio vs. Gordon, 504 SCRA 704
336 Standard Chartered Bank vs. Senate Committee on Banks, Financial Institutions and Currencies, 541 SCRA 546
337 Sabio vs. Gordon, 504 SCRA 704.
338 Senate of the Philippines vs. Ermita, 488 SCRA 1
339 Senate of the Philippines vs. Ermita, 488 SCRA 1
340 Ibid
341 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 549 SCRA 77
342 Senate of the Philippines vs. Ermita, 488 SCRA 1
343 Neri vs. Senate Committee on Accountability of Officers and Investigations, 549 SCRA 77
344 Ibid
345 Ibid
346 Ibid
347 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 549 SCRA 77.
348 Ibid
349 Ibid
332
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d.
35.
One of these statements is not correct:
a.
b.
c.
d.
36.
Legislative investigations involve the right of the people to information, because it gives them access to
information on matters of public concern which they can use to formulate their opinions on those matters and to
communicate them to Congress and other government officials. 351
The right of the people to information is limited by executive privilege. 352
The right of the public to information is broader than the right of Congress to information in the exercise of its
power of investigation. 353
When Congress seeks information from heads regarding matters pertaining to their departments, it is exercising
its oversight function. 354
One of these statements regarding the oversight power of Congress is not correct:
a.
b.
c.
d.
IV.
The communications are not sought in aid of legislation.350
In the exercise of legislative scrutiny, Congress may request information from other branches of government to
determine the economy and efficiency of their operations. 355
Investigation implies investigation and monitoring of the implementation of laws pursuant to the power to conduct
inquiries in aid of legislation. 356
Supervision involves continuing and informed awareness on the part of Congress of executive operations, and
allows scrutiny of the exercise of the delegated powers. 357
A law giving Congress the power to approve or disapprove regulations is valid. 358
Executive Department
A.
Presidential Immunity
1.
One of these statements is not correct:
a.
b.
c.
d.
B.
A party cannot prevent the President from prosecuting him by invoking the presidential immunity from suit,
because only the President can invoke it. 359
A Member of the Cabinet who was sued cannot invoke the presidential immunity from suit. 360
The presidential immunity from suit is concurrent with the term of office of the President. 361
Presidential immunity from suit does not prevent the prosecution of the President for criminal acts he committed
during his incumbency. 362
Executive Powers of the President
1.One of these statements is not correct:
a.
b.
c.
d.
A law granting the Department of Justice power to grant immunity from prosecution to a person who will be used
as a state witness is valid. 363
The powers of the President are not limited to the specific powers enumerated in the Constitution. 364
The President has unstated residual powers which are implied from the grant of executive power and which are
necessary for compliance with the constitutional duties of the President. 365
The President can issue an Executive Order authorizing the Commission on Higher Education to supervise review
centers. 366
350
Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 564 SCRA 152
Senate of the Philippines vs. Ermita, 488 SCRA 1
352 Ibid
353 Ibid
354 Ibid
355 Beltran vs. Makasiar, 167 SCRA 393
356 Gloria vs. Court of Appeals, 338 SCRA 5
357 Estrada vs. Desierto, 356 SCRA 108
358 Ibid
359 Beltran vs. Malcasiar, 167 SCRA 393
360 Gloria vs. Court of Appeals, 338 SCRA 5
361 Estrada vs. Desierto, 356 SCRA 108
362 Estrada vs. Desierto, 353 SCRA 452
363 Webb vs. de Leon, 247 SCRA 652
364 Marcos vs. Manglapus, 177 SCRA 668
365 Marcos vs. Manglapus, 178 SCRA 760
366 Review Center Association of the Philippines vs. Ermita, 583 SCRA 428
351
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C. Prohibitions and Disqualifications
1.One of these statements is not correct:
a.A law increasing the salary of the President does not take effect until after the term of the incumbent President. 367
b.A
law decreasing the salary of the President shall not take effect until after the term of office of the incumbent
President. 368
c.The President cannot receive any other emoluments from the government or any other source during his term.369
d.The President, the Vice President, the Members of the Cabinet and their deputies and assistants cannot directly or
indirectly practice any other profession during their terms. 370
2.One of these statements is not correct:
a.
b.
c.
d.
3.
The President, the Vice President, the Members of the Cabinet, and their deputies and assistants can
another office if it is authorized by the Constitution. 371
The President, the Vice President, the Members of the Cabinet, and their deputies and assistants can
another office if it is being held in an ex officio capacity. 372
The President, the Vice President, the Members of the Cabinet, and their Deputies and assistants cannot
another office even if there is no compensation attached to the office.373
The President, the Vice President, the Members of the Cabinet, and their deputies and assistants can
another office if it is authorized by law.374
hold
hold
hold
hold
One of these statements is incorrect:
a.
b.
c.
d.
An undersecretary cannot be temporarily designated as head of another office. 375
The President, the Vice President, the Members of the Cabinet, and their deputies and assistants cannot directly or
indirectly practice any other profession during their tenure. 376
The President, the Vice President, the Members of the Cabinet, and their deputies and assistants can participate in
any business during their tenure if there is no conflict of interest. . 377
The President, the Vice President, the Members of the Cabinet, and their deputies and assistants cannot be
financially interested in any contract with, any franchise, or special privilege granted by the Government or any
subdivision agency or instrumentality of it, including government-owned or controlled corporations or their
subsidiaries. 378
D.
Power of Appointment
1.
One of these statements is incorrect:
The power of appointment is inherently executive.379
The President can delegate the power of appointment to a Member of the Cabinet. 380
c.A law which creates a board and makes certain officials members of it is valid, because this is a case of designation
and not appointment. 381
d.A law which specifies the person to be appointed by the President to a public office is void. 382
a.
b.
2.A President can appoint his relatives within the fourth degree of affinity or consanguinity as:
367
Section 6, Article VII of the Constitution
Ibid
369 Ibid
370 Section 13, Article VII of the Constitution
371 Section 13, Article VII of the Constitution
372 Civil Liberties Union vs. Education Secretary, 194 SCRA 317
373 Laurel vs. Desierto, 381 SCRA 486
374 Civil Liberties Union vs. Executive Secretary, 194 SCRA 317
375 Puno vs. Ermita, 612 SCRA 308
376 Section 13, Article VII of the Constitution
377 Ibid
378 Ibid
379 Springer vs. Government of the Philippine Islands, 271 U.S. 187
380 Binamira vs. Garrucho, 188 SCRA 154
381 Rafael vs. Embroidery and Apparel Cultural Board, 21 SCRA 336.
382 Flores vs. Drilon , 223 SCRA 568
368
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a.
b.
c.
d.
Member of a Constitutional Commission 383
Ombudsman 384
Secretary of a Department 385
Political ambassador386
3.One of this is not a limitation on the
a.
b.
c.
d.
power of appointment of the President:
The President cannot appoint a relative by consanguinity or affinity within the fourth degree as chairman or head of
bureau or office,387
The President cannot appoint a relative by consanguinity or affinity within the fourth degree as chairman or head of
government-owned or controlled corporations and their subsidiaries. 388
No member or the Armed Forces of the Philippines in the active service can be appointed to a civilian position,
including government-owned or controlled corporations or their subsidiaries. 389
The President cannot appoint a relative by consanguinity or affinity within the fourth degree as a member of the
Judiciary. 390
4.One of these statements is not correct:
a.
b.
c.
d.
5.
One of these statements is not correct:
a.
b.
c.
d.
6.
Appointments extended by an acting President cannot be revoked by the elected President.391
Two months immediately before the next presidential election and up to the end his term, the President cannot make
appointments, except temporary appointments to executive positions when continued vacancies will prejudice public
service or endanger public safety.392
Two months immediately before the next election and up to the end of his term, the President cannot appoint judges
of the Regional Trial Court. 393
The President can appoint Justices of the Supreme Court up to the end of his term. 394
Only the officers mentioned in the first section of Section 16, Article VII of the Constitution are required to be
confirmed by the Commission on Appointments. 395
A law cannot expand the list of the officers required by the Constitution to be confirmed by the Commission on
Appointments. 396
The President cannot appoint a Secretary of a Department in an acting capacity when Congress is in session. 397
An ad-interim appointment which is subject to confirmation by the Commission on Appointments made when
Congress is not in session is a permanent appointment. 398
One of these statements is incorrect:
a.
b.
c.
An ad interim appointment which is subject of confirmation by the Commission on Appointments will cease to be
effective upon its disapproval by the Commission on Appointments or upon the next adjournment of Congress. 399
An appointment is not complete and can be withdrawn unless it has been accepted. 400
A law authorizing the remaining members of the board of a public corporation to fill any vacancy in the board is
valid. 401
383
Section 13, Article VII of the Constitution
Ibid
385 Ibid
386 Ibid
387 Section13, Article VII of the Constitution.
388 Ibid
389 Section 5, (4), Article XVI of the Constitution
390 Section 13 Article VII of the Constitution
391 Section 14, Article VII of the Constitution
392 Section 15, Article VII of the Constitution
393 In re Appointment of Valenzuela, 298 SCRA 488
394 De Castro vs. Judicial and Bar Council, 618 SCRA 639
395 Sarmiento vs. Mison, 156 SCRA 549
396 Calderon vs. Carale, 208 SCRA 254
397 Pimentel vs. Ereneta, 471 SCRA 582
398 Matibag vs. Benipayo, 380 SCRA 49
399 Section 16, Article VII of the Constitution
400 Javier vs. Reyes, 170 SCRA 360
401 Rufino vs. Endrigo, 496 SCRA 13
384
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d.
E.
Power of Control of the Executive Department
1.
One of these statements is not correct:
a.
b.
c.
d.
2.
The power to suspend the privilege of the writ of habeas corpus. 407
The power to proclaim martial law. 408
The power of executive clemency. 409
The power to sign any foreign loan agreement.410
One of these statements is not correct:
a.
b.
c.
d.
4.
The power of control means the power of the President to alter or modify or nullify or set aside what a subordinate
officer had done in the performance of his duties and to substitute the judgment of the former for that of the later. 403
Pursuant to the doctrine of political agency, the President can delegate his multifarious executive and administrative
functions except when he is required by the Constitution, by law or the exigencies of the situation to act personally,
to Members of the Cabinet and their acts in the regular course of business are presumptively acts of the President
unless disapproved by him. 404
By virtue of his power of control, the President can remove an officer who belongs to the civil service as a penalty in
an administrative case filed against the officer.405
By virtue of the power of control of the President, if a function is entrusted by law to a subordinate of the President,
the President may directly perform the function. 406
The power of the President which can be delegated is one of the following:
a.
b.
c.
d.
3.
If the method for appointing a public officer is unconstitutional, this will be considered as a case of an officer whose
appointment is not provided for by law. 402
Because of the power of control of the President, the decision of a Member of the Cabinet can be appealed to the
President. 411
The President cannot motu proprio review the decision of a Member of a Cabinet. 412
The right to appeal to the President from the decision of a subordinate officer may be limited by the Constitution, by
law, by rules of procedure issued by the Supreme Court, or by an executive order. 413
A law which makes the decision of an administrative agency in the exercise of its quasi-judicial powers appealable
directly to the Judiciary while the administrative agency remains subject to the control of the President in the
performance of its administrative function is valid. 414
One of these statements is not correct:
a.
b.
c.
d.
Because of his power of control, the President can reverse the decisions of a government-owned or controlled
corporation. 415
The President cannot make the productivity incentive benefit of employees in the Executive Department uniform,
because it will encroach upon the authority of the Civil Service Commission to grant benefits to government
employees. 416
Because of the power of control of the President, the legal requirement that prosecutors to be appointed be
recommended by the Secretary of Justice is not obligatory. 417
Because of his power of control, the President can order the Executive Department to adopt a unified identification
card system to facilitate transactions with the government. 418
402
Ibid
Carpio vs. Executive Secretary, 206 SCTA 290
404 Ibid
405 Ang-Angco vs. Castillo, 9 SCRA 619
406 Chavez vs. Romulo, 431 SCRA 534
407 Villena vs. Secretary of the Interior, 67 Phil. 451
408 Ibid.
409 Ibid
410 Constantino vs. Cuisia, 472 SCRA 505
411 Orosa vs. Roa, 495 SCRA 22
412 Oliveros-Torre vs. Bayot, 58 SCRA 272
413 Phillips Seafood (Philippines) Corporation vs. Board of Investments, 578 SCRA 69
414 Cruz vs, Secretary of Environment and Natural Resources, 347 SCRA 128
415 National Marketing Corporation vs. Arca, 29 SCRA 648
416 Blaquera vs. Alcala, 295 SCRA 366
417 Bermudez vs. Torres, 311 SCRA 733
418 Kilusang Mayo Uno, vs. Director-General of the National Economic Development Authority, 487 SCRA 623
403
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F.
Power of Supervision over Local Government Units
1.
One of the statements is not correct:
a.
b.
c.
d.
G.
1.
The power of supervision means overseeing or the power or authority of an officer to see that subordinate officers
perform their duties. 419
The President can be authorized by law to investigate administrative cases against local elective officials and to
impose penalties upon them. 420
The Secretary of Justice can be authorized by law to review the constitutionality or legality of tax ordinances. 421
The Secretary of Budget and Management can issue a regulation limiting the amount of allowances which local
government units can grant to judges. 422
Emergency Powers
One of these statements is not correct:
a.
The President can order the Armed Forces of the Philippines to conduct patrols because of the high incidences of
violent crimes. 423
b.The President can proclaim the existence of a state of rebellion on the basis of his powers as chief executive and
commander-in-chief of the Armed Forces of the Philippines. 424
c.A proclamation of a state of rebellion is required before the President can call out the Armed Forces of the Philippines
to suppress the rebellion. 425
d.When a state of rebellion has been proclaimed, the President cannot order warrantless orders of persons except in
the circumstances authorized by the Revised Rules on Criminal Procedure. 426
2.One of these statements is not correct when the President has proclaimed a state of national emergency:
a.
b.
c.
d.
3
The President is not authorized to legislate. 427
The President can call out the Armed Forces of the Philippines to enforce all laws. 428
The President cannot prohibit all public assemblies. 429
The members of the Armed Forces of the Philippines and the Philippine National Police are not authorized to break
into offices and residences.430
One of these statements is incorrect:
a.The two conditions for the suspension of the privilege of writ of habeas corpus and the proclamation of martial law are
that there is an invasion or rebellion and public safety requires it. 431
b.The President cannot suspend the privilege of the writ of habeas corpus or proclaim martial law in case of imminent
danger of invasion or rebellion. 432
c.The suspension of the privilege of the writ of habeas corpus applies only to persons judicially charged for rebellion or
offenses inherent in or directly connected with invasion. 433
d.During the suspension of the privilege of the writ of habeas corpus, any person arrested or detained must be judicially
charged within thirty days, otherwise, he shall be released. 434
4.
One of these statements is not correct:
419
Ganzon vs. Court of Appeals, 200 SCRA 221
Ibid
421 Drilon vs. Lim, 235 SCRA 135
422 Dadole vs. Commission on Audit, 393 SCRA 262
423 Integrated Bar of the Philippines vs. Zamora, 338 SCRA 81
424 Sanlakas vs. Executive Secretary, 421 SCRA 656
425 Ibid
426 Lacson vs. Perez, 357 SCRA 756
427 David vs. Arroyo, 489 SCRA 12
428 Ibid
429 Ibid
430 Ibid
431 Section 18, Article VII of the Constitution
432 Ibid
433 Ibid
434 Ibid
420
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a.The duration of the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law shall
not exceed thirty (30) days. 435
b.Upon request of the President, by a majority vote of all the Members of Congress voting jointly, Congress can extend
the duration of the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law if the
invasion or rebellion persists and public safety requires it. 436
c.By a majority vote of all the Members of Congress voting jointly, Congress may revoke the s u s p e n s i o n o f t h e
privilege of the writ of habeas corpus or proclamation of martial law. 437
d.The Supreme Court may review the sufficiency of the factual basis of the suspension of the privilege of the writ of
habeas corpus or the proclamation of martial law. 438
5.
One of these is not a consequence of the proclamation of martial law:
a.The operation of the Constitution is not suspended.439
b.The functioning of Congress is not supplanted, and the President cannot legislate. 440
c.Military courts cannot exercise jurisdiction over civilians if the civil courts are able to function. 441
d.The privilege of the writ of habeas corpus is automatically suspended when martial law is declared. 442
G.
Executive Clemency
1.One of these statements is not correct:
a.A pardon can be granted only after conviction by final judgment.443
b.An amnesty requires the concurrence of a majority of all the Members of Congress. 444
c.A pardon cannot be granted in cases of impeachment.445
d.A pardon, an amnesty, or a suspension of sentence can be granted in election
cases without the favorable
recommendation of the Commission on Elections. 446
2.One of these statements is not correct:
a.A pardon is an act of grace, proceeding from the power of the President, which exempts the individual on whom it is
bestowed, from the punishment the law inflicts for a crime he committed. 447
b.Delivery is essential to the validity of a pardon. 448
c.A pardon cannot be granted if the convict has fully served his sentence. 449
d.A conditional pardon has no force until it is accepted by the convict.450
3.One of these statements is not correct:
a.An absolute pardon must be accepted by the convict, since it might expose him to greater disgrace because of the
implied acceptance of guilt. 451
b.The absolute pardon granted to an assistant treasurer convicted of estafa through falsification of a public document
does not entitle her to reinstatement to her former office and payment of back wages. 452
c.A convict granted a pardon on condition that he would not again violate any penal law of the Philippines cannot be
declared to have violated the condition in the absence of a judgment by final conviction for a new offense. 453
435
Section 19, Article VII of the Constitution
Ibid
437 Ibid
438 Ibid
439 Section 18, Article VII of the Constitution
440 Ibid
441 Ibid
442 Ibid
443 People vs. Bacang, 260 SCRA 44
444 Section 19, Article VII of the Constitution
445 Ibid
446 Section 5, Article 5, Article IX-C of the Constitution
447 De Leon vs. Director of Prisons, 31 Phil. 60
448 Ibid
449 Cristobal vs. Labrador, 71 Phil. 34
450 Cabantog vs. Wolfe, 6 Phil. 273
451 Burdick vs. United States, 236 U.S. 79
452 Monsanto vs. Factoran, 170 SCRA 190
453 Torres vs. Gonzales, 152 SCRA 272
436
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d.The
determination by the President that a convict violated the condition of his pardon is not subject to judicial
review. 454
4.One of these statements is not correct:
a.The President need not hold a hearing before determining that a convict violated the condition of his pardon. 455
b.The President cannot pardon a provincial governor who was found guilty in an administrative case. 456
c.The President cannot pardon a judge who was found guilty by the Supreme Court in an administrative case.457
d.The President can pardon a criminal contempt of court. 458
5.One of these statements is not correct:
a.The
President cannot pardon a civil contempt for it involves an order necessary to secure the rights of an injured
litigant. 459
b.Reprieve is the postponement of the execution of a judgment. 460
c.Commutation is a remission of a part of the punishment and a substitution of a lesser penalty for the one originally
imposed. 461
d.Acceptance by the convict is required for validity of commutation. 462
6.One of these statements is not correct.
a.Commutation need not be in a specific form. 463
b.The President cannot remit fines and forfeiture which have been paid into the treasury, as funds cannot be paid out of
the treasury without an appropriation by Congress. 464
c.Amnesty is a pardon granted by the government to a group or class of person, usually for a political offense. 465
d.A person who applies for amnesty is not deemed to have admitted his guilt.466
7.One of these statements is not correct:
a.Pardon is given to individual persons, while amnesty is given to a class of persons. 467
b.Pardon can be granted to all classes of offenses, while amnesty is granted for political offenses. 468
c.Pardon is granted by the President; a proclamation of amnesty by the President requires the
concurrence of
Congress. 469
d.Courts should take judicial notice of both pardons and amnesties. 470
8.One of these statements is not correct:
a.Pardon
may be granted only after conviction by final judgment; amnesty may be granted before the institution of
criminal prosecution and even after conviction by final judgment. 471
b.Pardon looks forward and relieves the offender from the consequences of an offense; amnesty looks backward as
though the offender did not commit an offense.472
c.Pardon does not restore the right to hold public office and the right to vote unless they are expressly restored by the
pardon. 473
454
Ibid
Torres vs. Gonzales, 152 SCRA 272
456 Llamas vs. Orbos, 202 SCRA 844
457 In re Romillo, Jr., G.R. No. 97091, December 9, 1997
458 Ex Parte Grossman, 267 U.S. 86
459 Ex Parte Grossman, 267 U.S. 86
460 Director of Prisons vs. Judge of First Instance of Courts, 29 Phil. 265
461 People vs. Vera, 65 Phil. 56
462 Cabantog vs. Wolfe, 6 Phil 273
463 Drilon vs. Court of Appeals, 202 SCRA 378
464 Tanada and Carreon, Political Law of the Philippines, Vol. 1, p. 334
465 Black’s Law Dictionary, 9th ed., p. 98
466 People vs. Salig, 133 SCRA 591
467 People vs. Casido, 269 SCRA 360
468 Ibid
469 Ibid
470 Ibid
471 People vs. Casido, 269 SCRA 360
472 Ibid
473 Ibid
455
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d.Pardon exempts the convict from payment of the civil indemnity imposed upon him in the decision.474
H.
Diplomatic Powers
1.One of these statements Is not correct:
a.The power to negotiate treaties is vested directly and exclusively upon the President. 475
b.The President has the prerogative to determine that it is in the best interest of the country to waive claims of Filipino
citizens for war reparations against a foreign country. 476
c.A loan agreement entered into pursuant to an exchange of notes between the Philippines and a foreign country is an
executive agreement, because it forms part of the exchange of notes. 477
d.The President can enter into an executive agreement involving a transaction which is prohibited by law.478
2.One of these statements is not correct:
a.An executive agreement is valid even without the concurrence of the Senate.479
b.It is obligatory for the President to submit a treaty which has been acceded
by the Philippines to the Senate for
concurrence in its ratification. 480
c.The Senate may concur in the ratification of a treaty, refuse to concur in its ratification, or make the concurrence
conditional upon adoption of amendments to the treaty.481
d.In case of conflict between a treaty and a law, the last expression of the sovereign will must control.482
V.
Judicial Department
A.Judicial Power
1.One of these statements is not correct:
a.Judicial power is the authority to resolve justiciable controversies or disputes involving rights that are enforceable and
demandable before the courts of justice or the redress of wrongs for violation of such rights. 483
b.The President cannot review the correctness of the decisions of the Supreme Court. 484
c.The Supreme Court can be asked to decide whether a bill pending in Congress is unconstitutional. 485
d.When the Supreme Court restrains the execution of a final judgment of conviction, it is not encroaching
upon the
presidential power to grant reprieves, because it has power to control the execution of the decision. 486
B.Judicial Review
1.
One of these statements is not correct:
a.Judicial review is the power of a court to review the actions of other branches or levels of government, especially its
power to invalidate legislative and executive actions as being unconstitutional. 487
judicial supremacy, the Judiciary does not assert superiority over the other departments and does not really
invalidate the act of the other departments but only asserts the obligation assigned to it by the Constitution to
determine conflicting claims of authority under the Constitution and to establish for the parties in an actual
controversy the rights which the Constitution guarantees to them. 488
c.The Regional Trial Court cannot declare a law unconstitutional. 489
b.By
474
Ibid
475 Akbayan
Citizens Action Party vs. Aquino, 558 SCRA 468.
Vinuya vs. Romulo, 619 SCRA 533
477 Abaya vs. Ebdane, 515 SCRA 720
478 Gonzales vs. Hechanova, 9 SCRA 230
479 Commissioner of Internal Revenue vs. John Gotamco & Sons, Inc., 148 SCRA 36
480 Pimentel vs. Office of the Executive Secretary, 462 SCRA 622
481 The Diamond Rings, 183 U,.S. 176
482 Chae Chan Ping, 130 U.S. 581
483 Lopez vs. Roxas, 17 SCRA 756
484 Maglasang vs. People, 190 SCRA 306
485 Montesclaros vs. Commission on Elections, 384 SCRA 269
486 Echegaray vs. Secretary of Justice, 301 SCRA 96
487 Black’s Law Dictionary, 9th ed., p 924
488 Angara vs. Electoral Commission, 63 Phil, 139
489 Planters Products, Inc. vs. Fertiphil Corporation, 548 SCRA 485
476
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d.Judicial
self-restraint means that a judge, in applying constitutional limitations, must restrain himself and leave
maximum of freedom to those agencies of the government whose action he is called upon to review. 490
2.One of these statements regarding the requirements of judicial review is not correct:
a.There must be an actual controversy calling for the exercise of judicial power. 491
b.The question of constitutionality must be raised by the proper party. 492
c.The constitutional question must be raised at the earliest opportunity.493
d.It need not be necessary for the determination of the case.494
3.One of these statements regarding the existence of an actual controversy is not correct:
a.There is no actual controversy regarding the power given to the Secretary of Education by Act No. 2700 to revoke the
permits of schools when he has not revoked or threatened to revoke the permit of any school. 495
is no actual controversy involving the provision in the Organic Act for the Autonomous Region in Muslim
Mindanao which provided that in case of conflict between national law and Muslim law, the former shall prevail. 496
c.There is no actual controversy involving the provision in the Urban Development and Housing Act, which requires
providing squatters with a relocation site, before their eviction, if no such assertion has been made by a squatter
who was being evicted. 497
d.There is no actual controversy involving invocation of the executive privilege by the President in an investigation of
Members of the Cabinet, if they had refused to testify in the absence of any consent form the President. 498
b.There
4.
One of these statements regarding the existence of an actual controversy Is not correct:
a.Whether the municipal mayor who has served for two consecutive terms can run for three consecutive terms as city
mayor upon the conversion of the municipality to a city during his second term cannot be resolved until he actually
runs. 499
b.A resolution approved by the House of Representatives calling upon the Members of Congress to convene to propose
amendments or revisions to the Constitution cannot be questioned, if Congress has not yet convened and proposed
amendments or revisions to the Constitution. 500
c.Parties who have not been prosecuted or threatened to be prosecuted for violation of the Human Security Act cannot
question its constitutionality. 501
d.The question of the validity of the approval of the assignment of a franchise by the President and its modification by
the Toll Regulatory Board instead of Congress does not present an actual controversy.502
5.
One of these statements regarding the ripeness of an issue for adjudication is not correct:
a.
Ripeness centers on the question of whether a case involves uncertain contingent events that may not occur as
anticipated or may not occur at all. 503
b.The aspect of ripeness involves the fitness of the issues for judicial decision and the hardship to the parties entailed
by withholding court consideration. 504
c.For a case to be considered ripe for adjudication, something must have been performed by a branch of the
government and the plaintiff must allege there is an immediate or threatened injury to the plaintiff as a result of the
challenged action. 505
d.The validity of the unsigned memorandum of Agreement between the Government of the Republic of the Philippines
and the Moro Islamic Liberation Front was not yet ripe for adjudication despite the allegations that it seriously
violated the Constitution. 506
490
491
Schwartz, A History of the Supreme Court, p. 94
Dumlao vs. Commission on Elections, 955 SCRA 392
492
493
494
495
Philippine Association of Colleges and Universities vs. Secretary of Education, 97 Phil. 806
vs. Commission on Elections, 179 SCRA 282
497 Macasiano vs. National Housing Authority, 224 SCRA 236
498 Senate of the Philippines vs. Ereneta, 488 SCRA 1
499 Mariano vs. Commission on Elections, 242 SCRA 211
500 Lozano vs. Nograles, 589 SCRA 356
501 Southern Hemisphere Networks, Inc. vs. Anti-Terrorism Council, 632 SCRA 146
502 Francisco vs. Toll Regulatory Board, 633 SCRA 470
503 Lozano vs. Nograles, 582 SCRA 356
504 Ibid
505 Province of North Cotabato vs. Government of the Republic of the Philippines Peace Panel on Ancestral Domain, 568 SCRA 402
506 Ibid
496 Abbas
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6.One of these statements regarding locus standing is not correct:
a.Locus standl is peculiar to cases involving constitutional law, in which parties who are not real parties in interest but
are citizens, taxpayers, or voters are authorized to sue in the public interest. 507
(1) the character of the funds or other
assets involved in the case; (2) the presence of a clear case of disregard of a constitutional or statutory prohibition
by an agency or instrumentality of the government; and (3) the lack of any other party with a more direct and
specific interest in the question being raised. 508
c.A taxpayer’s suit is different from a citizen’s suit. In the former, the plaintiff is concerned with the expenditure of public
funds, while in the latter the plaintiff is an instrument of public concern to see that a public offense be pursued and
punished and a public grievance be remedied. 509
d.It is obligatory for the court to entertain a taxpayer’s suit.510
b.The following are determinants of the transcendental importance of a case:
7.One of these statements regarding taxpayer’s suits is not correct:
a.A taxpayer’s suit can be filed if it is claimed that public funds are being illegally disbursed, or that public funds are
being deflected to any improper purpose, or that public funds are being wasted through the enforcement of an
unconstitutional law. 511
b.A taxpayer can question the validity of a government contract even if he is not a party to it if public funds are being
disbursed for it. 512
c.A taxpayer’s suit cannot be filed to question the constitutionality of a law if its enforcement does not involve the
expenditure of public funds. 513
d.A citizen cannot file an action questioning the validity of a contract for the operation of a container’s terminal if it does
not involve the expenditure of public funds even if it involves public interest because of its importance in economic
development and the magnitude of the financial consideration. 514
8.One of these statements is not correct:
a.A citizen can question the validity of a compromise involving an action for recovery of the ill-gotten wealth of a public
officer, because it involves a public right.515
b.A voter can question the conduct of a special election for Senators, because it involves the right of suffrage. 516
c.A voter cannot question a law requiring the media to give free time for political advertisements during the election
period, because it does not concern the right of suffrage.517
artist can question the proposed sale of the government of paintings by foreign masters acquired as illgotten wealth by a public officer.518
d.A Filipino
9.One of these statements is not correct:
a.An association organized to protect the rights and interests of the members cannot question the constitutionality of a
law affecting its members, because there is no fusion between the identities of the association and of its
members. 519
b.A citizen can question the constitutionality of a law involving the natural resources of the Philippines, because they are
the national patrimony of the Filipinos. 520
c.Members of Congress can question the constitutionality of executive action which encroaches upon their powers. 521
d.Members of Congress can question the validity of a presidential veto of the General Appropriations Act.522
10. One of these statements is not correct:
507
Kilosbayan, Inc. vs. Morato, 246 SCRA 540
Chamber of Real Estate and Builders’ Association, Inc. vs. Energy Regulatory Commission, 624 SCRA 556
509 David vs. Macapagal-Arroyo, 489 SCRA 160
510 Republic vs. Nolasco, 462 SCRA 400
511 Mamba vs. Lara, 608 SCRA 149
512 Ibid
513 Telecommunications Broadcast Attorneys of the Philippines, Inc. vs. Commission on Elections, 289 SCRA 337
514 Albano vs. Reyes, 175 SCRA 264
515 Chavez vs. Presidential Commission on Good Government, 299 SCRA 744
516 Tolentino vs. Commission on Elections, 420 SCRTA 438
517 Telecommunication and Broadcast Attorneys of the Philippines, Inc. vs. Commission on Elections, 289 SCRA 337
518 Joya vs. Presidential Commission on Good Government, 225 SCRA 568
519 Pharmaceutical and Health Care Association of the Philippines vs. Duque, 535 SCRA 265
520 Cruz vs. Secretary of Environment and Natural Resources, 347 SCRA 128
521 Philippine Constitution Association vs. Enriquez, 238 SCRA 506
522 Ibid
508
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a.Senators can question an executive order which limits their power to conduct legislative investigations. 523
b.A Senator can question the constitutionality of an executive order on the ground that its subject should be the subject
of legislation. 524
c.A Senator can question the operations of jai alai games by the Philippine Amusement and Gaming Corporation on the
ground that it is not authorized by its franchise and should obtain a legislative franchise. 525
who is a Member of the Commission on Appointments can question its composition on the ground that
representation of the House of Representatives was not proportional. 526
d.A Senator
11.One of these statements is not correct:
a.A Senator can file a case to determine whether the Office of the President can be compelled to submit a treaty signed
by the Philippines to the Senate for concurrence in its ratification. 527
b.A Congressman can join in the above-mentioned case as petitioner. 528
c.Only a member of the Commission on Appointments can question the
validity of the temporary appointment of a
Member of the Cabinet while Congress is in session. 529
d.The requirement of locus standi is merely a procedural issue and can be dispensed with by the court.530
12.One of these statements is not correct:
a.By failing to question the constitutionality of the constitution of the Presidential Electoral Tribunal when he handled a
case before it, and raised the issue in a subsequent case, a lawyer failed to raise the constitutional issue at the
earliest opportunity.531
b.The fact that the constitutionality of the ad interim appointment of the Chairman of the Commission on Elections was
questioned only after it was renewed for the second time because he was by-passed twice does not violate the rule
that this issue should be raised at the earliest opportunity, because it refers to the filing of pleadings. 532
c.The fact that the validity of a mining contract was not questioned immediately after its signing does not violate the rule
that it should be raised at the earliest opportunity.533
d.A question of constitutionality of the Ombudsman Act cannot be raised for the first time on appeal to the Court of
Appeals if it was not raised before the Office of the Ombudsman. 534
13.One of these is not a ground for deciding a case on the merits even if it has become moot:
a.There is a grave violation of the Constitution. 535
b.The character of the situation is exceptional and paramount public interest is involved.536
c.The constitutional issue raised requires formulation of controlling principles to guide the
bench, the bar, and the
public. 537
d.The case may not be re-litigated soon. 538
14.One of these statements is not correct:
a.A political question is a question which is to be decided by the people in their sovereign capacity, or in regard to which
full discretionary authority has been delegated to the legislative or executive branch of the government. 539
of the enhanced scope of judicial power, all political questions can be subjected to judicial review to
determine if there was grave abuse of discretion. 540
b.Because
523
Senate of the Philippines vs. Ermita, 488 SCRA 1
Ople vs. Torres, 223 SCRA 141
525 Jaworski vs. Philippine Amusement and Gaming Corporation, 419 SCRA 317
526 Drilon vs. De Venecia, 594 SCRA 749
527 Pimentel vs. Office of the Executive Secretary, 462 SCRA 622
528 Ibid
529 Pimentel vs. Enrile, 472 SCRA 587
530 David vs. Macapagal-Arroyo, 489 SCRA 160
531 ABS-CBN Broadcasting Corporation vs. Presidential Electoral Tribunal, G.R. No. 191618, November 23, 2010
532 Matibag vs. Benipayo, 380 SCRA 49
533 La Bugal – B’Laan Tribal Association, Inc. vs. Ramos, 421 SCRA 148
534 Estarija vs. Ranada, 492 SCRA 652
535 MATTEL, Inc. vs. Francisco, 560 SCRA 509
536 Ibid
537 Ibid
538 Ibid
539 Vinuya vs. Romulo, 619 SCRA 533
540 Marcos vs. Manglapus, 177 SCRA 668
524
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c.An unconstitutional law confers no rights, imposes no duties, and affords no protection. 541
d.As an exception, as a matter of equity and fairness, the actual enforcement prior
to its determination of
unconstitutionality of a law is an operative fact and may have consequences which cannot always be erased by the
subsequent ruling of invalidity. Acts done in reliance of its presumed validity should be recognized. 542
15.One of these statements is not correct:
a.The
acts done by a municipality whose creation was later on declared unconstitutional should be recognized and
given effect. 543
b.An action to collect payment of a debt which would have prescribed had it not been for the enactment of a moratorium
law which was later on declared unconstitutional can still prosper. 544
c.The case filed against an accused who was acquitted by a court order before it was ruled that its creation is
unconstitutional cannot be refilled, as otherwise he would be placed in double jeopardy. 545
d.The funds collected pursuant to a law which imposed a levy upon buyers of fertilizers to be given as capital
contribution to a private corporation in financial distress cannot be recovered after
the law was declared
unconstitutional. 546
C.Judicial Independence
1.One of these statements is not correct:
a.Congress has absolute discretion to reorganize the Judiciary.547
b.Congress cannot deprive the Supreme Court of its jurisdiction over cases enumerated in the Constitution.548
c.The fiscal autonomy of the Judiciary is guaranteed. 549
d.Only the Supreme Court can assign judges of lower courts temporarily to other stations.550
2.One of these statements is not correct:
a.Congress can repeal, alter or supplement the rules of procedure promulgated by the Supreme Court.551
b.It is the Supreme Court who has the power to appoint the officials and employees of the Judiciary. 552
c.The Supreme Court has administrative supervision over all courts and their personnel.553
d.The salary of the Justices of the Supreme Court and of judges of the lower courts cannot be decreased during their
continuance in office. 554
3.One of these statements is not correct:
a.The Members of the Supreme Court and judges of the lower courts hold office until they reach the age of seventy
years or become incapacitated to discharge their duties. 555
b.The Supreme Court has exclusive power to discipline judges of lower courts.556
c.The salaries of the Members of the Supreme Court and judges of the lower courts are exempt from income tax.557
d.The Members of the Supreme Court can be removed from office only by impeachment. 558
4.One of these statements concerning the fiscal autonomy of the Judiciary is not correct:
a.The appropriation for the Judiciary may not be reduced below the amount appropriated for the previous year.559
541
Planters Products, Inc. vs. Fertiphil Corporation, 548 SCRA 485
Ibid
543 Municipality of Malabang vs. Benito, 27 SCRA 535
544 De Agbayani vs. Philippine National Bank, 38 SCRA 429
545 Tan vs. Barrios, 190 SCRA 686
546 Planters Products, Inc. vs. Fertiphil Corporation, 348 SCRA 485
547 Section 2, Article VIII of the Constitution
548 Section 2, Article VIII of the Constitution
549 Section 3, Article VIII of the Constitution
550 Section 5(3), Article VIII of the Constitution
551 Echegaray vs. Secretary of Justice, 297 SCRA 754
552 Section 5 (6), Article VIII of the Constitution
553 Section 6, Article VIII of the Constitution
554 Section 10, Article VIII of the Constitution
555 Section 11, Article VIII of the Constitution
556 Ibid
557 Nitafan vs. Commissioner of Internal Revenue, 152 SCRA 284
558 Section 2, Article XI of the Constitution
559 Section 3, Article VIII of the Constitution
542
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b.The appropriation for the Judiciary must be automatically and regularly released. 560
c.The Supreme Court can assess fees. 561
d.Congress can pass a law exempting government-owned and controlled corporations from legal fees imposed by the
Supreme Court. 562
5.One of these statements regarding the fiscal autonomy of the Judiciary is not correct:
a.The Supreme Court has the flexibility to allocate and utilize its resources as the needs of the Judiciary requires. 563
b.The Supreme Court can fix the rates of compensation in the Judiciary in amounts not exceeding the highest rates
authorized by law and salary policies of the government. 564
c.The President cannot veto the amount appropriated by Congress to pay for the adjustment in retirement benefits of
Members of the Supreme Court. 565
d.The Chief Justice cannot use savings from an item in the appropriation to augment another item.566
D.Appointments to the Judiciary
1.One of these statements is not correct:
a.The principal function of the Judicial and Bar Council is to recommend appointees to the Judiciary. 567.
b.Congress can by law prescribe additional qualifications for Members of the Supreme Court.568
c.Any vacancy in the Supreme Court must be filled within ninety days from its occurrence.569
d.Any vacancy in the lower courts must be filled within ninety days from the submission of the list of nominees. 570
2.One of these statements is not correct:
a.Only natural-born-Filipino citizens can be appointed to the Supreme Court, the Court of Appeals, the Sandiganbayan,
and the Court of Appeals. 571
b.Only natural-born-Filipino citizens can be appointed Judges of the Regional Trial Court. 572
c.A naturalized Filipino citizen can be appointed Judge of the Metropolitan Trial Court. 573
d.The Judicial and Bar Counsel should submit at least three nominees for a vacancy in the Judiciary. 574
E.Supreme Court Decisions
1.One of these cases need not be decided by the Supreme Court en banc under the Constitution:
a.Election contests involving the President or Vice President. 575
b.Cases in which the constitutionality or validity of a treaty, international
or executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance, or regulation is in question. 576
c.Cases involving the modification or reversal of a doctrine of law. 577
d.Criminal cases in which the penalty imposed is reclusion perpetua or higher.578
2.One of these statements is not correct:
a.A case shall be decided by the Supreme Court en banc when a majority is not obtained in a division. 579
560
Ibid
Bengzon vs. Drilon, 208 SCRA 133
562 In re Petition for Recognition of the Exemption of the Government Service Insurance System from Payment of Legal Fees, 612 SCRA 193
563 Bengzon vs. Drilon, 208 SCRA 133
564 Ibid
565 Ibid
566 Ibid
567 Section 8 (5), Article VIII of the Constitution
568 Section 8 (7), Article VIII of the Constitution
569 Section 4 (1), Article VIII of the Constitution
570 Section 9, Article VIII of the Constitution
571 Section 7 (1), Article VIII of the Constitution
572 Section 7 (2), Article VIII of the Constitution
573 Section 7 (2), Article VIII of the Constitution
574 Section 9, Article VIII of the Constitution
575 Section 4, Article VII of the Constitution
576 Section 4 (2), Article VII of the Constitution
577 Section 4 (3), Article VII of the Constitution
578 Ibid
579 Section 4 (3), Article VIII of the Constitution
561
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b.An
administrative case against a judge of a lower court in which the penalty is dismissal shall be decided by the
Supreme Court en banc. 580
c.A law can be declared unconstitutional by the Supreme Court on the basis of the vote of the majority of those who
actually took part. 581
d.The decision of a division can be appealed to the Supreme Court en banc.582
F.Supreme Court
1.One of these statements is not correct:
a.A
law disqualifying Members of the Supreme Court from participating in the adjudication of certain cases on the
grounds mentioned in it violates their security of tenure. 583
b.A law providing that disqualified members of the Supreme Court will be temporarily replaced by judges of the lower
courts is unconstitutional because it will create another Supreme Court. 584
c.The Presidential Electoral Tribunal, which was constituted by the Supreme Court to decide election contests involving
the President and the Vice President, is not separate and distinct from the Supreme Court. 585
d.Members of the Supreme Court may be designated to an agency performing quasi-judicial or administrative
functions. 586
G.Rule Making Power of the Supreme Court
1.One of these is not a limitation on the rule-making power of the Supreme Court:
a.The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases.587
b.The rules shall be uniform for all courts of the same grade. 588
c.The rules shall not diminish, increase, or modify substantive rights. 589
d.Congress can repeal, alter, or supplement the rules promulgated by the Supreme Court. 590
2.One of these statements regarding diminution of substantive rights is incorrect:
a.A case filed against three solidary debtors cannot be dismissed because of the death of one of them, because the
right to proceed with the case against the surviving debtors is substantive. 591
b.The right of the children of a deceased person to ask for support during the settlement of his estate cannot be limited
by procedural rules to minors, because the right to ask for support beyond the age of majority is substantive. 592
of criminal liability is not waived by the failure of the accused to file a motion to quash, because the
extinguishment of a criminal liability involves a substantive right. 593
d.A procedural rule limiting the right of the prosecution to ask for the revival of a criminal case which was provisionally
dismissed to a period which is shorter than the period of prescription diminishes the substantive right of the State to
prosecute the accused. 594
c.Prescription
3.One of these statements is not correct:
a.The Supreme Court can transfer the appeal in administrative cases from itself to the Court of Appeals, because the
transfer of cases from one court to another does not affect the right to appeal and is merely procedural. 595
Supreme Court can make decisions in criminal cases in which the penalty imposed is reclusion perpetua
appealable to the Court of Appeals, because the rule-making power authorizes it to create another layer of appeal
b.The
580
Section 11, Article VIII of the Constitution
Section 4 (2), Article VIII of the Constitution
582 Bagaoisan vs. National Tobacco Administration, 408 SCRA 337.
583 Vargas vs. Relloraza, 80 Phil. 297
584 Ibid
585 Makalintal vs. Presidential Electoral Tribunal, G.R. No. 191618, November 23, 2010
586 Section 12, Article VIII of the Constitution
587 Section 5 (5), Article VIII of the Constitution
588 Ibid
589 Ibid
590 Echegaray vs. Secretary of Justice, 297 SCRA 754
591 Philippine National Bank vs. Asuncion, 80 SCRA 321
592 Santero vs. Court of First Instance of Cavite, 153 SCRA 728
593 Damasco vs. Lagui, 166 SCRA 214
594 People vs. Lacson, 400 SCRA 262
595 Fabian vs. Desierto, 295 SCRA 420
581
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provided in case of affirmation of the conviction, the case can be elevated to the Supreme Court for final
disposition. 596
c.The Supreme Court can order the transfer of the venue of a trial to avoid a miscarriage of justice. 597
d.The Supreme Court cannot prohibit rallies within 200 meters of court buildings.598
4.One of these statements is not correct:
a.The basis of the power of the Supreme Court to promulgate the Rule on the Writ of Amparo and the Rule on the Writ
of Habeas Data is the power to promulgate rules concerning the protection and enforcement of constitutional
rights. 599
b.Congress cannot pass a law providing for a special procedure to be followed by Regional Trial Courts designated as
Special Agrarian Courts. 600
c.Section 90 of the Local Government Code, which prohibits provincial board members and councilors who are lawyers
from handling cases against their own local government units, does not encroach upon the exclusive authority of the
Supreme Court to regulated the practice of law, because it deals with the conduct of public officials to avoid conflict
of interest. 601
d.The circular issued by the Commission on Audit requiring government instrumentalities to get its written consent
before hiring a private lawyer does not encroach upon the exclusive authority of the Supreme Court to regulate the
practice of law, because it is intended to prevent unnecessary expenses. 602
H.Administrative Supervision over the Judiciary
1.One of these statements is not correct:
a.A criminal complaint cannot be filed against a judge or a court employee on the basis of the performance of his duties
unless the Supreme Court has first dealt with it in an administrative action. 603
b.A criminal complaint for reckless imprudence resulting in homicide can be filed against a judge without first filing an
administrative case in the Supreme Court, because it is not related to the performance of his duties. 604
c.An administrative case against a judge should not be dismissed in case he dies during its pendency. 605
d.The President can pardon a judge whom the Supreme Court found guilty in an administrative case. 606
VI.
Constitutional Commissions
A. Status and Appointment
1.One of these statements is not correct:
a.The
b.
c.
d.
Commission on Human Rights has the same status as the Civil Service Commission, the Commission on
Elections, and the Commission on Audit. 607
For the rotational scheme for the appointment of the Members of the Constitutional Commissions to work, it is
required that irrespective of the dates of the appointment and the qualification of the appointees, their terms should
start on a common date, February 2, the anniversary of the effectivity of the 1987 Constitution, and any vacancy
before the expiration of the term of an incumbent Member should be filled for the unexpired balance of the term. 608
The prohibition against appointment of a Member of the Constitutional Commission in a temporary capacity does
not disallow ad interim appointments. 609
The prohibition against reappointment of a Member of the Constitutional Commission does not apply in case of an
ad interim appointment that was bypassed by the Commission on Appointments 610
596
People vs. Mateo, 433 SCRA 640
Section 5 (4), Article VIII of the Constitution
598 In re Valmonte, 296 SCRA xi
599 Section 5 (5), Article VIII of the Constitution
600 Land Bank of the Philippines vs. De Leon, 388 SCRA 537
601 Javellana vs. Department of Interior and Local Government
602 Polloso vs. Gangan, 335 SCRA 750
603 Maceda vs. Vasquez, 221 SCRA 464
604 Garcia vs. Miro, 582 SCRA 27
605 Report on the Judicial Audit Conducted in the Regional Trial Court, Branch 8, Cebu City, 457 SCRA 1
606 In re Romillo, G.R. No. 97091, December 6, 1997
607 Commission on Human Rights’ Employees Association vs. Commission on Human Rights, 496 SCRA 2226
608 Gaminde vs. Commission on Audit, 347 SCRA 655
609 Matibag vs. Benipayo, 380 SCRA 49
610 Ibid
597
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B
Institutional Independence
1.
One of these statements is not correct:
a.
b.
c.
d.
Since the Constitutional Commissions were created by the Constitution, they cannot be abolished by
legislation. 611
The security of tenure of the Members of the Constitutional Commission is guaranteed by the Constitution.612
Impeachment is not the only way by which an incumbent Member of the Constitutional Commissions can be
removed from office before the end of his term.613
The salaries of the Members of the Constitutional Commission may not be decreased during their terms. 614
2.One of these statements is not correct:
a.
b.
c.
d.
3.
The Constitutional Commissions enjoy fiscal autonomy.615
Because of the fiscal autonomy of the Constitutional Commissions, their approved annual appropriations should
be automatically released. 616
The Secretary of Budget and Management cannot make the release of funds appropriated for the Constitutional
Commissions dependent upon the submission of reports on the expenditure of the funds previously released.617
The Secretary of Budget and Management can refuse to release the funds appropriated for the Constitutional
Commissions if there was a shortfall in the revenue collection. 618
One of these statements is not correct:
a.
b.
c.
d.
The Constitutional Commissions are authorized to appoint their officials and employees in accordance with
law. 619
The Constitutional Commissions are authorized to promulgate their own rules concerning pleading and practice
before them. 620
A law requiring that the rules and regulations promulgated by the Constitutional Commissions to implement the
law pertaining to their functions be subject to approval by the Congressional Oversight Committee is valid. 621
The Supreme Court may disapprove the rules of procedure promulgated by the Constitutional Commissions.622
C.
Decisions
1
One of these statements Is not correct:
a.
b.
c.
d.
A majority of the members of the Commission on Elections who actively took part in deciding a case en banc is
sufficient for the validity of the decision. 623
A resolution of the majority of the Members of Commission on Elections is valid even if the dissenting opinion
has not yet been submitted. 624
The decision denying a claim which was issued by the manager of an office in the Commission on Audit by
authority of its Chairman is void. 625
The decision of the Chairman of the Commission on Audit which denied a claim is not valid. 626
D.
Judicial Review
1.
One of these statements is not correct:
611
Section 1, Article IX-A of the Constitution
Section 2, Article XI of the Constitution
613 Ibid
614 Section 3, Article IX-A of the Constitution
615 Section 5, Article IX-A of the Constitution
616 Ibid
617 Civil Service Commission vs. Department of Budget and Management, 464 SCRA 115
618 Civil Service Commission vs. Department of Budget and Management, 482 SCRA 233
619 Section 4, Article IX-A of the Constitution
620 Section 6, Article IX-A of the Constitution
621 Macalintal vs. Commission on Elections, 405 SCRA 614
622 Section 5 (5), Article IX-S of the Constitution
623 Estrella vs. Commission on Elections, 428 SCRA 315
624 Tan vs. Commission on Elections, 507 SCRA 352
625 Mison vs. Commission on Audit, 187 SCRA 445
626 Ibid
612
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a.
b.
c.
d.
2.
One of these statements is not correct:
a.
b.
c.
d.
3.
a.
b.
c.
d.
E.
The power of the Supreme Court to review the decisions of the Constitutional Commissions is limited to cases
of lack of jurisdiction, excess of jurisdiction, and grave abuse of discretion amounting to lack of jurisdiction or
excess of jurisdiction. 627
The decision of a division of the Commission on Elections cannot be questioned before the Supreme Court,
because it is resolutions of the Commission on Election en banc that can be questioned before it.628
The Commission on Elections en banc can decide an election case in the first instance. 629
If the Commission on Elections included a pending pre-proclamation controversy in its Omnibus Resolution
dismissing such pending cases because of the commencement of the terms of office involved in them, the
petitioner should question the dismissal by filing a petition for certiorari. 630
The filing of a motion for reconsideration of the decision of a Constitutional Commission suspends the period to
file a petition for certiorari in the Supreme Court. but the period shall not be less than five days. 631
The Commission on Elections cannot adopt a regulation shortening the period to file a petition in the Supreme
Court. 632
The failure of an election cannot be decided by the Commission on Elections en banc in the first instance.633
Only decisions of the Commission on Elections in the exercise of its judicial or quasi-judicial functions can be
reviewed by the Supreme Court exclusively. 634
One of these statements is not correct:
A losing bidder can question the award of the Commission on Elections of a contract for the purchase of
election paraphernalia by filing an action in the Regional Trial Court. 635
The decision of the Commission on Audit to dismiss an employee cannot be questioned directly in the Supreme
Court, because it is not a decision involving money matters. 636
The election registrar who was questioning his transfer cannot file the case directly in the Supreme Court. 637
The Regional Trial Court has no jurisdiction over a petition questioning the validity of the resolution of the
Commission on Elections scheduling a plebiscite. 638
Prohibition
1.One of these statements is not correct:
a.
b.
c.
d.
VII.
A Member of a Constitutional Commission cannot hold any other office or employment during his tenure. 639
A Member of a Constitutional Commission who is a lawyer cannot teach law during his tenure. 640
A Member of a Constitutional Commission cannot engage in the active management or control of any business
which may be affected by his function.641
A Member of a Constitutional Commission cannot be financially interested, directly or indirectly, in any contract
with or any franchise or privilege granted by the Government, any of its subdivisions, agencies or
instrumentalities, including government-owned or controlled corporations or their subsidiaries. 642
Civil Service Commission
A,
Coverage of Civil Service
1.One of these is not covered by the civil service:
627 Aratuc
vs. Commission on Elections, 285 SCRA 493
Mastura vs. Commission on Elections, 285 SCRA 493
629 Sarmiento vs. Commission on Elections, 212 SCRA 307
630 Valino vs. Vergara, 581 SCRA 54
631 Section 3, Rule 64 of the Rules of Court
632 Sardea vs. Commission on Elections, 225 SCRA 374
633 Mutilan vs. Commission on Elections, 520 SCRA 152
634 Garces vs. Court of Appeals, 259 SCRA 99
635 Filipinas Engineering and Machine Shop vs. Ferrer, 135 SCRA 25
636 Saligumba vs. Commission on Audit, 117 SCRA 669
637 Garces vs. Commission on Elections, 259 SCRA 99
638 Salva vs. Makalintal, 340 SCRA 506
639 Section 2, Article IX-B of the Constitution
640 Record of the Constitutional Commission, Vol. I, ps. 658-559
641 Section 3, Article IX-B of the Constitution
642 Ibid
628
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a.
b.
c.
d.
2.
A government corporation created by special law. 643
A water district. 644
A contractual employee. 645
Philippine National Red Cross. 646
One of these is not covered by the civil service:
a.
b.
c.
d.
Boy Scouts of the Philippines. 647
A government corporation organized under the Corporation Code. 648
The president of a state university.649
Philippine National Police. 650
B.Qualifications
1.One of these statements is not correct:
a.
b.
c.
d.
The Civil Service Commission cannot impose additional qualifications for a public office which are not imposed
by law. 651
The additional qualification for public office imposed by a new law can be applied retroactively. 652
The Civil Service Commission must approve an appointment to public office if the appointee meets the
minimum requirements of the law even if somebody else is more qualified. 653
Appointment to positions which are policy determining highly technical and primarily confidential are exempted
from competitive examinations. 654
C.Confidential Positions
1.
One of these statements is not correct:
a.A primarily confidential position is characterized by the close proximity of the positions of the appointer and the
appointee, as well as the high degree of trust and confidence inherent in their relationship. 655
b.The tenure of a public officer holding a primarily confidential position is co-extensive with the confidence of the
appointing power. 656
c.A classification of public office as confidential made in a law is conclusive upon the Judiciary.657
d.The position of a political ambassador is primarily confidential. 658
2.One of these statements is not correct:
a.The position of bodyguard is confidential. 659
b.The position of provincial attorney is primarily confidential. 660
c.The lawyers in the office of provincial attorney are holding primarily confidential positions. 661
d.The position of corporate secretary of a government-owned or controlled corporation is primarily confidential.662
3.One of these statements is not correct:
643
University of the Philippines vs. Regino, 221 SCRA 598
Feliciano vs. Villasin, 556 SCRA 348
645 Metropolitan Waterworks and Sewerage Authority vs. Hernandez, 143 SCRA 602
646 Liban vs. Gordon, 593 SCRA 68
647 Boy Scouts of the Philippines vs. National Labor Relations Commission, 196 SCRA 176
648 Gamogamo vs. PNOC Shipping and Transport Corporation, 381 SCRA 742
649 Civil Service Commission vs. Sojor, 554 SCRA 160
650 Capablanca vs. Civil Service Commission, 505 SCRA 61
651 Juliano vs. Subido, 62 SCRA 480
652 Mayor vs. Macaraig, 194 SCRA 672
653 Uy vs. Court of Appeals, 286 SCRA 343
654 Section 2 (2), Article IX-B of the Constitution
655 Civil Service Commission vs. Javier, 546 SCRA 485
656 Ibid
657 Civil Service Commission vs. Salas, 274 SCRA 414
658 Astraquillo vs. Manglapus, 190 SCRA 280
659 Borres vs. Court of Appeals, 153 SCRA 121
660 Griño vs. Civil Service Commission, 194 SCRA 458
661 Ibid
662 Civil Service Commission vs. Javier, 546 SCRA 485
644
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a.The position of secretary to the city mayor is primarily confidential. 663
b.The position of assistant secretary to the city mayor is primarily confidential. 664
c.The position of chief of a government hospital is not confidential. 665
d.The position of bus driver of a government office is not confidential.666
D.Security of Tenure
1.
One of these statements is not correct:
a.The demotion of a public official without a valid cause violates his security of tenure. 667
b.A reassignment which is for an indefinite period and which results in reduction in
rank violates security of
tenure. 668
c.If the appointment of a public officer did not involve an assignment to a particular station, his transfer to another
station does not violate his security of tenure. 669
d.A probationary employee may be terminated at any time before the lapse of the probation period. 670
2.
One of these statements is not correct:
a.A probationary
employee can be terminated during the probationary period for his conduct before his entry to
public service. 671
b.A law providing for the removal of public officers involved in revenue collection if the collection falls short of the
goal does not violate their security of tenure. 672
c.A public officer who does not possess eligibility for the position to which he was appointed is not entitled to
security of tenure. 673
d.The temporary appointment of a public officer who lacked civil service eligibility is not converted to a permanent
appointment by his acquisition of civil service eligibility. 674
E.Administrative Charges
1.One of these statements is not correct:
a.The
Civil Service Commission has jurisdiction over an administrative case against a president of a state
university.675
b.The Civil Service Commission has jurisdiction over an administrative case against a public school teacher.676
c.The Civil Service Commission has jurisdiction over an administrative case against a police officer for cheating in
the civil service examination. 677
d.The Civil Service Commission has jurisdiction over an administrative case against a court employee for cheating
in the civil service examination. 678
F.Prohibition
1.One of these statements is not correct:
a.
Employees in the civil service are prohibited from engaging directly or indirectly in partisan political
campaign. 679
663
Samson vs. Court of Appeals, 400 SCRA 654
Ibid
665 Rosete vs. Court of Appeals, 264 SCRA 147
666 In re Gerry B. Moral, 571 SCRA 352
667 Cabagnot vs. Civil Service Commission, 223 SCRA 59
668 Pastor vs. City of Pasig, 382 SCRA 232
669 Gatmaitan vs. Gonzales, 492 SCRA 591
670 Daza vs. Lugo, 553 SCRA 532
671 Abakada Guro Party List vs. Purisima, 362 SCRA 251
672 Land Bank of the Philippines vs. Paden, 592 SCRA 124
673 Caringal vs. Philippine Charity Sweepstakes Office, 472 SCRA 577
674 Province of Camarines Sur vs. Court of appeals, 246 SCRA 281
675 Civil Service Commission vs. Sojor, 445 SCRA160
676 Civil Service Commission vs. Alfonso, 589 SCRA 88
677 Capablanca vs. Civil Service Commission, 605 SCRA 61
678 Awpong vs. Civil Service Commission, 563 SCRA 293
679 Section 2 (4), Article IX-B of the Constitution
664
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b.
c.
d.
2.
A Member of the Cabinet can engage in a partisan political campaign. 680
Because of their right to self-organization, government employees can stage a strike. 681
The appointment of a mayor to another public office as long as he is incumbent is void.682
One of these statements is not correctt:
a.A candidate
who lost in an election cannot be appointed to any office in the government or any governmentowned or controlled corporation or in any of their subsidiaries within a year after the election. 683
b.No public officer can receive double compensation unless it is specifically authorized by law. 684
c.A member of the board of a government-owned or controlled corporation cannot be paid allowances and bonuses
in addition to his per diem for meetings he attended unless it is specifically authorized by law. 685
d.The payment of allowances and bonuses to employees of the National Electrification Administration who were
designated to positions in electrical cooperatives which was made by the electric cooperative is valid. 686
3.
One of these statements is not correct:
a.The payment of an allowance to an officer of a government-owned or controlled corporation as reimbursement for
expenses incurred in the discharge of his duties violates the prohibition against payment of double
compensation. 687
b.A retired public officer who is receiving a pension can be paid compensation if he is given a new appointment to a
public office.688
c.A public officer cannot accept a gift from any foreign government without the consent of Congress. 689
d.An appointive official cannot hold any office in the government or government-owned or controlled corporation or
their subsidiaries unless it is allowed by law or by the primary function of his office. 690
VII.
Commission on Elections
A.Enforcement of Election Laws
1.One of these statements is not correct:
a.A petition to enjoin the construction of public works projects within 45 days before an election is not within the
jurisdiction of the Commission on Elections but of the regular courts. 691
petition questioning the declaration by the Board of Canvassers of the outcome of a plebiscite for the
conversion to a city or a municipality falls within the jurisdiction of the Commission on Elections rather than the
regular courts. 692
c.The Commission on Elections has jurisdiction to decide who between the factions in a political party is authorized
to nominate its official candidates.693
d.The Commission on Elections has no jurisdiction to determine whether the expulsion of a leader of a political
party was valid where the issue was the membership of the political party. 694
b.A
B.Deputation of Prosecutors
1.One of these statements is not correct:
a.The Commission on Elections
can deputize prosecutors to investigate and prosecute election offenses even
outside of the election period. 695
b.The Ombudsman can investigate and prosecute public officers for election offenses. 696
680
Santos vs. Yatco, 106 Phil. xxi
De la Cruz vs. Court of Appeals, 305 SCRA 303
682 Flores vs. Drilon, 223 SCRA 568
683 Section 6, Article IX-B of the Constitution
684 Section 8, Article IX-B of the Constitution
685 Peralta vs. Mathay, 38 SCRA 256
686 National Electrification Administration vs. Civil Service Commission, 611 SCRA 14
687 Peralta vs. Mathay, 38 SCRA 256
688 Section 8, Article IX-B of the Constitution
689 Ibid
690 Section 7, Article IX-B of the Constitution
691 Gallardo vs. Tabamo, 218 SCRA 253
692 Batac vs. Commission on Elections, 421 SCRA 92
693 Laban ng Demokratikong Pilipino vs. Commission on Elections, 423 SCRA 665
694 Atienza vs. Commission on Elections, 612 SCRA 761
695 People vs. Basillo, 179 SCRA 87
696 Corpus vs. Tanodbayan, 149 SCRA 281
681
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c.A
state prosecutor who was deputized by the Commission on Elections cannot oppose the appeal by the
Commission on Elections from the dismissal of the case. 697
d.The annulment by the Commission on Elections of the resolution of a deputized prosecutor to file criminal cases
for vote-selling against the witnesses of the Commission on Elections in a vote-buying case against a candidate
is a revocation of his deputation. 698
C.Power to Investigate and to Cite for Contempt
1.
One of these statements is not correct:
a.The
Commission on Elections has no power to cite for contempt a newspaper reporter who wrote an article
criticizing the award of a contract for the purchase of ballot boxes. 699
b.The Commission on Elections can cite for contempt a public officer designated to take custody of ballot boxes for
disobeying its instruction not to open them except in the presence of the division superintendent of schools. 700
c.The Commission on Elections can cite for contempt an election officer who failed to appear to testify in the
hearings the Commission on Elections was conducting during the canvassing of the votes for Senators
because of allegation of fraud. 701
d.The Commission on Elections can investigate a public officer it deputized to be a member of a board of
canvassers because of alleged irregularities. 702
IX.
Commission on Audit
A.Scope of Power to Audit
1.One of these statements is not correct:
a.The Commission on Audit has no power to audit government-owned or controlled corporations organized under
the Corporation Code. 703
Commission on Audit has the power to audit private entities which receive subsidies from government
funds. 704
c.The pre-audit approval of a contract by the Commission on Audit does not preclude it from conducting a postaudit. 705
d.No government entity or its subsidiary and no investment of public funds are exempted from audit by the
Commission on Audit. 706
b.The
2.One of these statements is not correct:
a.The Commission on Audit has power to disallow unnecessary expenditures of government funds.707
b.The Commission on Audit has exclusive power to audit the government.708
c.The Commission on Audit has the power to disallow expenditures of government-owned banks even if they were
allowed by the Monetary Board. 709
Commission on Audit can disallow the payment of a reward to a tax informer despite the legal provision
making the decision of the Secretary of Finance conclusive upon the executive agencies. 710
d.The
3.One of these statements is not correct:
a.Even
if the account of a public officer has been settled by the Commission on Audit, he can still be criminally
prosecuted for malversation. 711
697
Commission on Elections vs. Silia, 286 SCRA 177
Commission on Elections vs. Español, 417 SCRA 554
699 Guevara vs. Commission on Elections, 104 Phil 268
700 Masangcay vs. Commission on Elections, 6 SCRA 27
701 Bedol vs. Commission on Elections, 606 SCRA 554
702 Tan vs. Commission on Elections, 237 SCRA 353
703 Section 2 (1), Article IX-D of the Constitution
704 Blue Bar Coconut Philippines vs. Tantuico, 163 SCRA 716
705 Development Bank of the Philippines vs. Commission on Audit, 231 SCRA 202
706 Section 3, Article IX-D of the Constitution
707 National Housing Authority vs. Commission on Audit, 226 SCRA 55
708 Development Bank of the Philippines vs. Commission on Audit, 73 SCRA 356
709 Ibid
710 Commissioner of Internal Revenue vs. Commission on Audit, 218 SCRA 203
711 Aguinaldo vs. Sandiganbayan, 265 SCRA 121
698
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b.If the Commission on Audit settles the account of a public officer, its decision is not conclusive for the purpose of
filing and administrative case against him. 712
c.The Commission on Audit has no power to decide the claim of a contractor for quantum meruit payment from the
government, because the claim is unliquidated. 713
pass upon the claim for payment of a seller of medical supplies to a
government hospital which is supported by invoices, because the claim is liquidated. 714
d.The Commission on Audit has the power to
712
Ibid
F.F. Mañacop Construction Company, Inc. vs. Court of Appeals, 266 SCRA 235
714 Euro-Med Laboratories, Phil., Inc. vs. Produce of Batangas, 495 SCRA 301
713
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