Saturday, July 14, 2012

Basic Constitutional Law MCQ

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








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