BASIC QUESTIONS ON CONSTITUTIONAL LAW
1. It
is an established supreme authority to which all the people must render general
obedience.
a.
State
b.
Government
c.
Nation
d.
Law
2. Many
of the legal scholars assert that, there are two additional requirements for an
entity to be considered a State and these are:
a.
Independent economy & armed forces
b.
Armed
forces & civilization
c.
Recognition & civilization
d.
None of the above
3. The
doctrine of state immunity from suit provides that:
a.
The state is immune from suit
b.
The state
can be sued
c.
The state
cannot be sued without its consent
d.
The state
can be sued without its consent.
4. It
is the supreme, absolute and uncontrollable power of the state;
a.
Law
b.
Administrative resolution
c.
Judicial
decision
d.
Sovereignty
5. A
lawyer representing the State waives the doctrine of immunity from suit.
a.
The waiver is valid because he represents the
state
b.
The waiver is invalid because waiver can only be
given by the congress
c.
The
waiver is invalid because it must be approved by the President
d.
The
waiver is valid because the doctrine can be waived
6. It
is the right of an individual to his body in its completeness, and extends to
God-given faculties.
a.
Right to life
b.
Right to
property
c.
Right to
liberty
d.
freedom
7. The
body of rules and maxims in accordance with which the powers of sovereignty are
habitually exercised.
a.
Law
b.
Preamble
c.
Constitution
d.
Resolution
8. A
law was passed contrary to the Constitution.
a.
The law is invalid
b.
The law
is illegal
c.
The law is unlawful
d.
The law is unconstitutional
9. It
is a statement of individual liberties, freedoms and rights which residents and
sojourners in the Philippines, Filipino, or foreigner, enjoy against exertion
of government power.
a.
Constitution of liberty
b.
Bill of rights
c.
Declaration of Human rights
d.
None of
the above
10. It
means basic fairness and adequate justice; it is an embodiment of the sporting
idea of fair play.
a.
Substantive due process
b.
Procedural due process
c.
Due process
d.
Equal protection clause
11. A
law was passed prohibiting any school to accept foreign students in the event
that it shall exceed 10% of its total population. X, an American national,
assailed the validity of the law.
a.
The law is unconstitutional because it violates
due process.
b.
The law is unconstitutional because it violates
the equal protection of the law.
c.
The law is constitutional because it is an
exercise of police power.
d.
The law is constitutional, if approved by the
president.
12. X,
a police officer, in his presence, saw Y stabbing A. X arrested Y, was the
arrest valid?
a.
The arrest is invalid since it was effected
without warrant
b.
The arrest is invalid since Y has the right to
be secured in his person
c.
The arrest is valid because it was an arrest in
flagrante delicto
d.
The arrest is valid because Y is a fugitive from
justice
13. Suppose
in the aforementioned problem, X searched Y to the effect that, the former was
able to seize a 350 gram of crystalline substance believed to be shabu. It was
later proved after examination that, the seized object is in fact a
methamphetamine hydrochloride. Can it be used as evidence in court?
a.
It cannot be used as evidence in court because
the arrest was illegal
b.
It cannot be used as evidence because, there was
no search warrant
c.
It is admissible as evidence in court because
the arrest is legal
d.
It is admissible as evidence because the object
confiscated is illegal
14. A,
a police officer, acting as a poseur buyer in a buy-bust operation, immediately
arrested the pusher after the consummation of sale of dangerous drugs.
a.
The arrest was illegal because, there is no
warrant of arrest
b.
The arrest was illegal because the police
officer has also committed an offense by buying a dangerous drugs.
c.
The arrest was valid because of the flagrante
delicto principle
d.
The arrest was valid because the police has
personal knowledge of the crime committed
15.
Y, a police officer, simultaneously hears
several gun shots and a lady shouting “’Wag
mo akong patayin, Pedro, ‘Wag! ‘Wag!” and thereafter, sees Pedro running
with a gun. He chased and arrested Pedro.
a.
The arrest was illegal because, there is no
warrant of arrest
b.
The arrest was illegal because the police officer
did not inform the rights of the accused.
c.
The arrest was valid because of the flagrante
delicto principle
d.
The arrest was valid because the police has
personal knowledge of the crime committed
16. X,
a witness to the killing of A by B, saw the suspect walking along Colon St., he
then calls the attention of a police officer. The police officer, on the sole
basis of identification of the suspect by the witness, arrested B.
a.
The arrest was illegal because, there is no
warrant of arrest
b.
The arrest was illegal because the police
officer did not inform the rights of the accused.
c.
The arrest was valid because of the flagrante
delicto principle
d.
The arrest was valid because the police has
personal knowledge of the crime committed
17. PC
officers received information from their informants that a certain person was
on board a vessel bound to Cebu and was carrying marijuana. Acting on this tip,
they waited for him in the evening and apprehended him as he descended in the
gangplank. They detained him and inspected the bag to which it contains three
kilos of marijuana. Was the arrest valid?
a.
The arrest was illegal because, there is no
warrant of arrest
b.
The arrest was illegal because the police
officer did not inform the rights of the accused.
c.
The arrest was valid because of the flagrante
delicto principle
d.
The arrest was valid because the police has
personal knowledge of the crime committed
18. In
the aforementioned problem, can the seized item be used as evidence against the
accused?
a.
It cannot be used as evidence in court because the
arrest was illegal
b.
It cannot be used as evidence because, there was
no search warrant
c.
It is admissible as evidence in court because
the arrest is legal
d.
It is admissible as evidence because the object
confiscated is illegal
19. A
kind of constitution which has been given definite written form at a particular
time, usually by a special authority.
a.
Conventional
b.
Evolved
c.
Written
d.
Unwritten
20. The
Philippine Constitution is:
a.
Conventional
b.
Written
c.
Rigid
d.
All of
the choices
21. The
following are the essential characteristics of a good written constitution,
except:
a.
Broad
b.
Definite
c.
Brief
d.
Vague
22. It
points out the mode on how to amend or revise the Constitution.
a.
Constitution of liberty
b.
Constitution of Sovereignty
c.
Constitution of government
d.
Amendatory provisions
23. A
constitution may still exist even in the absence of:
a.
Preamble
b.
Bill of rights
c.
Provisions on amendment and revision
d.
Provisions
on the form of Government
24. It
is a doctrine which adopts the generally accepted principles of international
law as part of the law of the land.
a.
Doctrine of incorporation
b.
Doctrine of transformation
c.
Thalweg
doctrine
d.
Exterritoriality principle
25. What
department of the Philippines holds the power to create and alter laws?
a.
Legislative department
b.
Judicial
department
c.
Executive department
d.
Constitutional commission
26. The
people may exercise legislative power through these processes.
a.
Initiative and referendum
b.
Referendum and plebiscite
c.
Initiative and plebiscite
d.
None of the choices
27. The
Senate of the Philippines shall be composed of:
a.
24 senators
b.
24
senators to be elected at large
c.
24 senators to be elected through legislative
districts
d.
25
senators
28. The
following are the qualifications of a senator, except:
a.
At least
thirty-five years old, at the day of election
b.
Able to read and write
c.
A citizen of the Philippines
d.
A
registered voter
29. The
following are the qualifications of a House of Representative, except:
a.
A Citizen of the Philippines
b.
At least
twenty-five years old, at the day of election
c.
Able to read and write
d.
A
registered voter in the district in which he shall be elected
30. The
term of office of a House of Representatives.
a.
Three years
b.
Six years
c.
Three consecutive terms
d.
Two
consecutive terms
31. The
members of Congress shall be privileged from arrest:
a.
In all offenses punishable by not more than 20
years
b.
In all
offenses punishable by not more than 12 years
c.
In all offenses punishable by not more than 6
years
d.
In all
offenses by not more than 40 years
32. The
two kinds of immunities.
a.
Privilege from arrest and detention
b.
Privilege
to travel abroad and return
c.
Privilege from arrest and search
d.
Privilege
from arrest and speech
33. It
is a forum that is the sole judge of all contests relating to the election,
returns, and qualifications of the members of Congress.
a.
HRET
b.
SET
c.
PET
d.
Senate and House of Representatives Electoral
Tribunal
34. It
is the power to conduct inquiries in aid of legislation.
a.
Question hour
b.
Power of legislative investigation
c.
Legislative power
d.
Power of inquiry
35. It
is a draft of law submitted to the consideration of the legislative body for
its adoption.
a.
Enrolled Bill
b.
Private
bills
c.
Ordinary bill
d.
Appropriation bills
36. The
following are parts of a bill, except:
a.
Repealing clause
b.
Preamble
c.
Heading
d.
Enacting
clause
37. Which
is not a method by which a bill becomes a law?
a.
When the President acknowledges it
b.
When the
President affixes his signature
c.
When the veto is overridden by two-thirds vote
d.
After
thirty days, when the President does not sign it
38. What
department has the power of appropriation?
a.
Executive
b.
Judiciary
c.
Congress
d.
None of
the choices
39. It
is the power to execute and administer the laws.
a.
Executive power
b.
Power of
execution
c.
Presidential power of enforcement
d.
None of
the choices
40. The
President may be removed from office on these grounds, except:
a.
Impeachment
b.
Temporary
disability
c.
Permanent disability
d.
Removal
41. Which
is not a power of the executive?
a.
Budgetary power
b.
Power of
diplomacy
c.
Borrowing power
d.
Power of Concurrence
42. Mr.
X was elected as senator in 2004 elections. After serving his office, he opted
to be re-elected and was elected again as Senator in 2010 elections. Is he
disqualified to run as a House of Representative in the next election?
a.
No, because it is another office
b.
Yes,
because he shall not serve for 3 consecutive terms
c.
Yes, because he shall not serve for two
consecutive terms
d.
None of the choices
43. Which
of the following is disqualified to run for the Congress of the Philippines
a.
One whose father is an American and whose mother
is a Filipino
b.
One who
is 68 years old
c.
One who is a naturalized citizen
d.
One who is a lawyer
44. A
Senator shot to death Mr. X, his political rival. Which of the following is
false?
a.
He is immune from suit
b.
He is disqualified to be a senator
c.
He can be charged with an offense
d.
He is privilege from arrest
45. Mr.
A was elected as Senator. If he is not qualified, where shall you file the disqualification
case?
a.
COMELEC
b.
Supreme Court
c.
Senate Electoral Tribunal
d.
Regional Trial Court
46. A
member of the Supreme Court must be:
a.
A member of the Philippine bar
b.
He must be married
c.
At least 35 years of old
d.
A citizen of the Philippines
47. Which
among the political departments is supreme?
a.
Congress
b.
Judiciary
c.
Executive
d.
None of
the choices
48. The
following are the manifestations of a democratic and republican state, except:
a.
Existence of Bill of rights
b.
Observance of the rule of majority
c.
Election through popular will
d.
System of
fusion of powers
49. What
is the policy of the state in matters of war?
a.
It is a national policy by which the Congress
can declare.
b.
TheState
can only declare the existence of war.
c.
The State renounces defensive war.
d.
The state
can declare war.
50. Which
is not a state policy?
a.
Freedom from
nuclear weapons
b.
Promote justice in all phases of national
development
c.
Value the dignity of every human person
d.
Civilian authority is at all times supreme over
the military
51. The
family under the constitution is considered to be?
a.
A collective individual unit
b.
An autonomous social institution
c.
An inviolable social institution
d.
A form of society
52. All
the provisions under Article II of the Philippine Constitution are?
a.
Non-self-executing provisions
b.
Declared principles of the State
c.
Self-executing provisions
d.
None of the choices
53. The
state recognizes the right of the cultural minority to promote their rights;
the State does not promote foreign owned economy.
a.
Both statements are true
b.
Statement 1 is true and Statement 2 is false
c.
Both statements are false
d.
Statement 1 is false and statement 2 is true
54. What
law is a manifestation of the promotion of agrarian reform
a.
Conditional cash-transfer program
b.
Comprehensive agrarian reform program
c.
Rent control law
d.
Land Registration Act
55. If
the rights of the people are not limited by the state, what will happen?
a.
There is Utopia
b.
There is Peace and order
c.
There is Anarchy
d.
There is Tyranny
56. If
the state will trample upon the recognized rights of an individual, what will
happen?
a.
There is Utopia
b.
There is Peace and order
c.
There is Anarchy
d.
There is Tyranny
57. What
are the two aspects of due process?
a.
Procedural and Substantive
b.
Lawful means and Lawful subject
c.
Notice and Hearing
d.
None of
the Choices
58. The
classifications of constitutional rights are the following;
a.
Political, civil, and cultural
b.
Social,
economic, and cultural
c.
Natural, constitutional, and statutory
d.
None of the choices
59. Maria
was indebted to Mario with the amount of 300 million. Maria is not in the
capacity of paying Mario.
a.
Maria can be imprisoned by reason of debt
b.
Maria will render personal service to Mario
c.
Maria cannot be imprisoned by reason of debt
d.
Maria is not oblige to pay anymore
60. GMA
and ABS-CBN covered a war in Mindanao. In order to inform the public, they
asked the Government to make a full disclosure of their military tactics and its
complete lists arsenal. The Government refused.
a.
They can compel the Government to disclose by
reason of right to information
b.
They cannot compel to disclose because right to
information is not waived
c.
They cannot compel to disclose as a matter of
national security
d.
They can compel since it is the right of the
public to know
61. The
City mayor of Manila forced the prostitutes to change their residence,
otherwise they will be arrested.
a.
The act is valid to promote morality and decency
b.
The act violated their liberty of abode
c.
The act is valid because it is the authority of
the mayor
d.
The act is permissible to discourage immorality
62. The
right to belief is an absolute right; the right to act on such belief is not
absolute under the freedom of religion.
a.
Both statements are true
b.
Statement 1 is true and Statement 2 is false
c.
Both statements are false
d.
Statement 1 is false and statement 2 is true
63. The
right to bail is a matter of right, except:
a.
When the penalty is life imprisonment and the
evidence is strong
b.
When the penalty is reclusion perpetua
c.
When the evidence of guilt is strong and the
penalty is reclusion temporal
d.
None of the choices
64. The
right to bail shall not be impaired, even when?
a.
The writ of habeas corpus is suspended
b.
The privilege of the writ of habeas corpus is
suspended
c.
There is invasion of rebellion
d.
There is no crime committed.
65. What
is the rule in order to waive the right to counsel
a.
Submit in writing your waiver of counsel
b.
Notify the officers that you will counsel
yourself
c.
Submit in writing the waiver in the presence of the police
d.
None of the choices.
66. Juan is a citizen of the Philippines if:
a.
He is born in the
Philippines
b.
He took an oath as a
citizen
c.
His father is a
Filipino
d.
None of the above
67. Juan is a citizen of the Philippines if:
a.
He was born before
January 17, 1973
b.
He was born after
March 15, 1902
c.
He was born after
January 17, 1973
d.
He was born before
March 15, 1902
68. 1. Philippine citizenship may be lost. 2. Philippine
citizenship may be reacquired.
a.
Both are true
b.
1 is true; 2 is false
c.
Both are false
d.
1 is false; 2 is true
69. Maria, a Filipina, married Joe, an American. What is the
citizenship of Maria?
a.
She is still a
Filipino
b.
She is an American
c.
She has dual citizenship
d.
She possess dual
allegiance
70. Which is inimical to the national interest?
a.
Dual citizenship
b.
Dual allegiance
c.
Dual nationality
d.
No citizenship
71. Juan, an American national, whose father is a Filipino,
wanted to run as President of the Philippines.
a.
He is qualified if he
files a certificate of candidacy
b.
He is qualified
because he is a Filipino
c.
He is qualified
because he is a natural-born citizen
d.
He is not qualified
because of non-residency
72. What is Article IV of the 1987 Philippine constitution?
a.
Suffrage
b.
Local government
c.
Citizenship
d.
Constitutional
Commissions
73. Which is not a qualification in the exercise of the right
of suffrage?
a.
18 years of age
b.
A registered voter
c.
Resided in the
Philippines
d.
At least achieve
elementary education
74. Mario, a naturalized citizen, is a former Iranian. Is he
qualified to vote?
a.
No, because he is not
a Filipino
b.
Yes, because he is
naturalized Filipino
c.
No, because he is an
Iranian national
d.
No, because he is not
a natural-born Filipino
75. Oscar, a naturalized citizen, is a former Cuban. Is he
qualified to run for Senate?
a.
No, because he is a
former Cuban
b.
Yes, because he is a
citizen of the Philippines
c.
No, because he is not
a natural-born Filipino
d.
Yes, if no one shall
file a protest
76. Diana was not able to get education. Is she qualified to
vote?
a.
Yes, if she is
literate
b.
No, because she is not
educated
c.
Yes, if accompanied by
a relative during election
d.
No, because she must
have at least basic education
77. San Mig, a naturalized citizen, is a former Peruvian. Is he
qualified to run as Cebu city Mayor?
a.
Yes, because he is a
citizen of the Philippines
b.
No, because he is not a natural-born
c.
Yes, because he is a
natural-born citizen
d.
No, because he is a
naturalized citizen
78. 1. The president shall exercise control in all LGUs. 2. The
president shall exercise supervision in all departments of the executive
a.
Both are true
b.
1 is true; 2 is false
c.
Both are false
d.
1 is false; 2 is true
79. 1. The Philippine flag may be changed; 2. The Philippine
national anthem may be changed
a.
Both are true
b.
1 is true; 2 is false
c.
Both are false
d.
1 is false; 2 is true
80. A law was passed requiring all voters to be at least a
college graduate.
a.
The law is
unconstitutional because it violates the constitution
b.
The law is
constitutional because it conforms with the standard of the constitution
c.
The law is
constitutional so that all voter will be responsible voters
d.
The law is
constitutional in order to have a good elected officials
