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








Sunday, July 8, 2012

No Other Substitute


The bar examinations, while it maintained its flamboyant style for almost a hundred years, is not immune from the demands of the changing need of time. The Supreme Court over the past two years instituted abrupt changes to the bar examination which may have referred to as one of the most difficult examinations in the world and probably, the greatest  and rigorous ordeal a man has to take. It is the view of Justice Abad to test the examinees of the basic knowledge in law that is required for an entry level lawyer. Thus, the 2011 bar examination catered a multiple choice questions in all major fields of the study of law and dealt with opinion-making and trial memorandum, a total departure from the essay type examination. To polish, perhaps, the success of the previous bar examination, the head of the 2012 bar committee initiated, as in fact it adapted, few changes when it added the essay type examination.

There is no mistake that an examinee will inevitably face four classes of test, viz: multiple choice question; essay type examination; opinion-making; and trial memorandum. In addition to the degree of difficulty in the bar, despite its syllabus, are the ever-changing doctrines of the Supreme Court and the multifarious statutes promulgated by the law-making authorities.  Nevertheless, a law student is not expected to do a miracle- memory of all laws. Regardless, however, of the development in passing the bar, there can never be any other substitute in preparing for the bar than reading. As it has been the mantra of law professors, since time immemorial, that law is a reading profession and that the preparation for the bar starts at the very first day of class.

Hence, membership in the legal profession is not a sweet walk over the gates of UST neither an effortless seat during the four Sundays of the bar. It is achieved on the merits of a long and laborious study taken together with faith and prayer. Ultimately, it is not luck but a product of hard work and splendid dedication. The bar examination is not only a formality whether one is fit to be in the roll of attorneys but, rather, it is a test of whether one can now do justice to every man.  

Sunday, June 24, 2012

The Contract is Over


The Family Code defines marriage as a special contract of permanent union between a man and a woman entered into in accordance with the law for the establishment of conjugal and family life. Likewise, the Constitution provides that the family is a social basic institution by which public policy cherishes and protects. In  all, marital union is a sacred and solemn occasion by which the parties are bound to observe mutual love, offer fidelity and give needed support until the color of death appears.

While no law prohibits marriage between a Filipino and an alien, the State, nevertheless, must guard all the evils that may germinate with the present trend of marital sacrament. Obviously, gone were the days when we only seldom witness a union between two couples of different races. In fact, the converse is true, where some Filipino women sell their souls to senile aliens in exchange for material wealth and fortunate disposition in life. Sadly, instead of rearing a happy family after having perfected the special contract, when love and lust begins to crumble like a sand fortress, each, particularly the non-Filipino spouse, with their own tales, causes to file divorce.

Absolute divorce may not find solace under our system of family affairs, as it is against public morals and customs. However, Article 26 of the family code provides for recognition of divorce validly obtained by the alien spouse outside of the Philippines. To succinctly put it, alien spouses are given the road to severe marriage in foreign land. Apparently, this has been the practice and the common resort of dissatisfied partners having lost the heat of mutual affection. While it may be true that no one is bound to live in hell, nonetheless, with this controversy of demeaning the sanctity of family life, the State must risks all it efforts to preserve the basic unit of the society.

Tuesday, June 12, 2012

Did the angels speak?


Unparalleled in any political history of a civilized nation, there has been no instance where right and reason have been defeated, than on the fateful day, when the Senate of the Republic of the Philippines, sitting as an impeachment court, rendered its verdict. An overwhelming majority placed a final nail on the coffin of the Chief Magistrate’s judicial career. Notwithstanding the clear and legal defences advanced by the defense panel during the trial, the court proceeded to convict the respondent. The grounds for conviction were repulsive to common sense and violative of fair play. Instead of taking the case on the merits, the self-proclaimed angels of the Senate took into consideration the expansion of their political occupation. Thus, the outcome was inevitable. It was more political than legal.

No concern was raised as to the effect of the independence of the third branch of government, nor was there any consideration on the consequence it will bring on our democratic institutions. The common standpoint is its implication on their hold of power. In the light of this perceive developments, integrity, together with wisdom, vanished in the same course when a tally was made on the guilty box. Even then, the guillotine was preset before the Chief justice enters trial. His innocence was never placed on the balance, as time is the only moving factor that delayed the final verdict. Everything was a script written down under a seal of finality without, however, the knowledge of the main actor – CJ Corona.

Obviously, to declare that the votes casted by the senators serve the unyielding interests of the Filipino people is a misbelief. The proposition to fight against corruption is, likewise, misplaced. Moreover, it is an erroneous exercise of mental faculty to deliver the idea that the voice of the people have won against an official which they deemed already unfit of being called the Chief Justice. The ticket for conviction is not about conscience but power in bare hands, influence in a naked eye and money in an open pocket. Hardly enough to accept, but, this is Philippine politics at its finest, where the actors know when to speak the truth, half-truth, or, even, no truth at all. In fact, if lying can kill, then the moment they move their lips, death would be instantaneous.

In the final analysis, this nation must veer out and leave behind bad politics. The same political life stands still since time immemorial, when, in a distant past, a country named Philippines was conceived. We might be treading on a straight path but on a wrong direction. It will be a direction where perversity, hypocrisy, insincerity, and idleness loom. Soon, when we shall open our eyes and succumb to realize that this nation is lost, then, we must accept that the high heavens will be weeping and will take care of our souls.

Saturday, June 9, 2012

Error in Judgment


In the hope of a fair judgment, unbiased by any political color and free from any sight of influence, some members of the senate, acting as judges in the impeachment trial, has promulgated and rendered verdicts wanting of any legal basis and merit. They chose to make a popular decision, so that they may celebrate that the people have spoken, which accounts the hapless respondent guilty as charged. They may claim validity of action for the people, by the people and of the people, with no better understanding that democracy works not for the people alone but for the rule of law and justice. As they have left the fate of a man under the mercy of the gullible majority, they will be judged by history with the propriety and righteousness of their actions.

Regrettably, the judgment was to serve the Palace its wishes. It is not for the people to rejoice with, since, after this melodramatic scene, corruption of moral decency will still continue to pervade in our nation. Nothing has been proven, much less testified with, nor has there been a presumption that the Chief Justice amassed ill-gotten wealth. Not a scintilla of evidence was presented to show the he has squandered an ounce of the public treasury. While it may be true, as the court argues, that the non-disclosure of the magistrate of a sizeable amount of dollars in his SALN is an omission reprehensible under the SALN law, it must be made clear, that he relied in good faith of a law which its conception begins and its birth has been in the care of the Congress of the Philippines. Moreover, the admission of a quantifiable amount of money during the hearing, as has been made under oath, answers the very question the SALN law posed – the total net worth of the properties. Knowing already the total assets of the person charged, the court may have simply ordered to include the same in the SALN of the following year instead of dangerously rushing for conviction.

The fear that corrupt officials will conveniently avail the interpretation impressed upon by the Chief Justice is a farfetched idea, more illusory than apparent. The call for doubt as to the purpose of the law (Foreign Currency Deposit Act) should have left them with no other remedy but to amend, repeal or change it. The law was conceived by the law-making body. If they argue it correctly that such eventuality may happen, then it is the Congress which made this evil that is to blame and not the man convicted.

What appears in the decision of the Senate is a reflection of the public opinion and collective sentiments. Bases were given on the premise that it is for the good of all. Correct as it may seem that the senators are the representatives of the people, nevertheless, it does not follow that judgment be made in accordance by which they represent. When the people elected them as representatives of the sovereign, they have not just been selected to represent the people but, most importantly, they were chosen to intelligibly decide the fate of this country with independence, candor, and freedom. With all great regret to the men in robes, they failed to dispose the character that is demanded in their office.

With the lack of ability of the people to believe the truth, with the seeming incessant display of might and power, with the inherent weakness of our leaders to make true though unpopular decisions, with a media that can sway public opinion, with a rule of law so easily disregarded and disobeyed, and with injustice seen as justice, God save this country!

Monday, April 23, 2012

Persons and Family Relations Multiple Choice Questions


Civil Law
(Persons and Family Relations)

1.       The Civil Code of the Philippines is:
a.       Republic Act no. 386
b.      Republic Act no. 368
c.       Republic Act no. 366
d.      Republic Act no. 398
2.       The Civil Code of the Philippines took effect on:
a.       August 29, 1950
b.      August 30, 1950
c.       September 30, 1950
d.      September 25, 1950
3.       It is a collection of laws which regulates the private relations of the members of civil society, determining their respective rights and obligations, with reference to persons, things, and civil rights.
a.       Law
b.      Civil Code
c.       Civil Law
d.      Family Code
4.       The mass of precepts which determines and regulates those relations of assistance, authority and obedience existing among members of a family as well as among members of the society for the protection of private interests.
a.       Family Code
b.      Family relations
c.       Civil Code
d.      Civil Law
5.       Laws shall take effect after fifteen days following the completion of their publication:
a.       In the official gazette
b.      In a news paper of general circulation
c.       Both a and b
d.      Either a or b
6.       After a storm causing destruction in four Central Luzon provinces, the legislative branch enacted a special law appropriating 1 billion for purposes of rehabilitation for the provinces. In view of the urgent nature of the legislative enactment, it is provided in its effectivity clause that it shall take effect upon approval and after completion of the publication in the official gazette and a newspaper of general circulation. The law was passed by Congress on July 1, 1990, signed into law by the President on July 3, 1990, and published in such newspaper on July 7, 1990 and in the official gazette on July 10, 1990.

As to the publication of the said legislative enactment, is there sufficient observance or compliance with the requirements for a valid publication?

a.       Yes, there is a sufficient compliance because the law itself prescribes the requisites for its effectivity
b.      Yes, there is sufficient compliance because the law is considered effective upon its approval
c.       No, there is no sufficient compliance because the date of publication in the official gazette and newspaper must be the same
d.      No, there is no sufficient compliance because it must undergo public hearing
7.       When did the law took effect?
a.       It was effective on July 1, 1990 upon promulgation by the congress
b.      It was effective on July 3, 1990 upon approval by the president
c.       It was effective on July 7, 1990 upon publication in the newspaper
d.      It was effective on July 10, 1990 upon publication in the official gazette
8.       Can the executive branch start releasing the funds appropriated by the said law the day following its approval?
a.       Yes, since the law was effective upon approval of the President
b.      Yes, since it is an urgent need for the rehabilitation of the provinces
c.       No, since the other requisites for its effectivity were not yet complete
d.      No, since the law was not certified as urgent
9.       The following are the exceptions to the rule that laws shall have no retroactive effect, except:
a.       When the law is penal insofar as it favors the accused who is not a habitual criminal
b.      When the law is procedural
c.       When the law does not create substantive rights
d.      When the law is interpretative of other laws
10.   It is the fitness subject of legal relations
a.       Juridical capacity
b.      Legal capacity
c.       Juridical personality
d.      Legal personality
11.    Personality is determined by
a.       Birth
b.      Death
c.        The time of conception
d.      Attainment of the age of majority
12.   What is the rule if the fetus has an intra-uterine life of less than seven months?
a.       It is considered born if it is alive at the time of its complete delivery
b.      It is deemed born if it dies within twenty-four hours after its complete delivery
c.       It is not deemed born if it dies within twenty-four hours after its complete delivery
d.      It is considered born for all purposes favourable to it
13.   Civil personality is extinguished by
a.       Insanity
b.      Civil interdiction
c.       Death
d.      All of the above
14.   The effect of death upon the rights and obligations of the deceased is determined by
a.       Law
b.      Contract
c.       Will
d.      All of the above
15.   The Family code of the Philippines is
a.       Executive Order no. 209
b.      Republic Act no. 290
c.       Executive Order no. 116
d.      Republic Act no. 161

16.   The absence of any of the essential and formal requisites of marriage shall render it
a.       Void with respect to the essential and voidable with respect to the formal
b.      Voidable with respect  to the essential and void with respect to the formal
c.       Both voidable
d.      Both void
17.   Except in marriages where no license is required, it shall be issued by the local civil register of the city or municipality,
a.       Where both parties habitually resides
b.      Where either parties resides
c.       Where the male resides
d.      Where the female resides
18.   Marriages between Filipino citizens abroad may be solemnized by
a.       Ambassador
b.      Charge de affairs
c.       Vice-consul
d.      None of the above
19.   No license shall be necessary for a marriage of a man and a woman who have lived together as husband and wife for
a.       Not more than five years
b.      At least five years
c.       Not more than eight years
d.      Al least eight years
20.   What marriage is void from the beginning, among the choices
a.       The consent of either party was obtained by force, intimidation or undue influence
b.      The consent of either party is obtained by fraud
c.       Mistake of one contracting party as to the identity of the other
d.      Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than the husband
21.   What constitutes fraud as a ground for annulment of marriage?
a.       Concealment of previous marital status
b.      Non-disclosure of a previous conviction by final judgment of a crime involving moral turpitude
c.       Concealment of physical incapacity to consummate the marriage
d.      Misrepresentation or deceit as to character, fortune or chastity
22.   A petition for legal separation may be filed on the ground of
a.       Psychological incapacity
b.      Impotency
c.       Non-attainment of legal age at the time of marriage
d.      Sexual infidelity
23.   An action for legal separation shall be filed
a.       Within five years from marriage
b.      Within five years from the time of the occurrence of the cause
c.       Within five years after the cooling off period
d.      After five years from the time of marriage
24.   A decree of legal separation shall be based on
a.       Stipulation of facts
b.      Confession of judgment
c.       Presentation of evidence
d.      Allegations on the complaint
25.   The property relations between the husband and wife shall be governed by
a.       By marriage settlement
b.      By provisions of the Family code
c.       By the local customs
d.      All of the above
26.   What is the rule, if the future spouses agree upon a regime other than the absolute community regime ?
a.       They can donate to each other more than one-fifth of their present property
b.      They cannot donate to each other more than one-fifth of their present property
c.       They can donate each other in their marriage settlements more than one-fifth of their present property
d.      They cannot donate each other in their marriage settlements more than one-fifth of their present property
27.   The absolute community of property between the spouses shall commence
a.       One year from the celebration of marriage
b.      Two years from the celebration of marriage
c.       Three years from the celebration of marriage
d.      None of the above
28.   The following shall be excluded from the community property, except
a.       Property acquired during the marriage by gratuitous title
b.      Property for personal and exclusive use of either spouses
c.       Property acquired after the marriage, where such property is encumbered
d.      Property acquired by either spouse who has legitimate descendants
29.   When shall the absolute community terminate?
a.       Upon extrajudicial order
b.      Upon agreement of the parties after marriage
c.       Upon insolvency of either parties
d.      Upon the decree of legal separation
30.   W, during her marriage to H, transferred the administration of her paraphernal property to the latter. Can W alienate said paraphernal property?
a.       No, the alienation of the property must be with the consent of H
b.      No, the property cannot be alienated because it already belongs to the conjugal property
c.       Yes, the property may be alienated because the agreement was null and void
d.      Yes, the property may be alienated because W still retains ownership over the property
31.   A donation propter nuptias of a parcel of land was given by X to Y. They were subsequently married but the marriage was annulled on the complaint of Y upon her discovery that X has been previously married. X now files a suit for revocation. Will the suit prosper?
a.       The suit will prosper since the marriage is now annulled
b.      The suit will prosper one of the party is in bad faith
c.       The suit will not prosper because Y was in good faith
d.      The suit will not prosper because it is part of their conjugal property
32.   H and W are husband and wife. Without any justifiable cause, W abandoned the conjugal home. Can H ask a competent court to order W to return to the conjugal home?
a.       Yes, because it is the obligation of the husband and wife to live together
b.      Yes, because it is within the competence of the court to order W’s return
c.       No, because specific performance is not a remedy to personal obligation
d.      No, because W already abandoned their home.
33.   In a marriage in a remote place,
a.       Public solemnization is not needed
b.      It must be made in accordance with their customs
c.       There is no need for a solemnizing officer
d.      A marriage license is required
34.   Nemu cum alterius detriment protest means
a.       No man ought to be made rich out of another’s injury
b.      No person should unjustly enrich himself at the expense of another
c.       The indemnity cannot exceed the loss or enrichment, whichever is less
d.      In case of doubt,  the doubt must be in favour of the underdog
35.   Ignorance of foreign law is
a.       Ignorance of the  law but not ignorance of the fact
b.      Not ignorance of the fact but ignorance of the law
c.       Not ignorance of the law but ignorance of the fact
d.      Ignorance of the fact but and ignorance of the law
36.   The following are instances when the law grants an independent civil action, except:
a.       Breach of constitutional rights
b.      Defamation, fraud, or physical injuries
c.       Quasi-delict or culpa aquilana
d.      Breach of contract
37.   It is the condition of a person who does not have the mind, will, and heart for the performance of marriage obligations.
a.       Diriment impediments
b.      Psychological illness
c.       Sexual infidelity
d.      Psychological incapacity
38.   What is the correct rule in matters of absolute divorce
a.       If the action is brought here in the Philippines between Filipinos it will prosper
b.      If the action is brought here in the Philippines between a Filipino and a foreigner it will prosper
c.       If the action is brought here in the Philippines between foreigners it will not prosper
d.      If the action is brought in a foreign court between Filipinos it will be recognized in the Philippines.
39.   May the court issue a decree of legal separation based upon facts stipulated by the spouses?
a.       No, if the decree is based solely on the stipulation of facts
b.      Yes, if there be other evidence of the existence of a ground for legal separation
c.       All of the above
d.      None of the above
40.   If a person is under guardianship because of insanity
a.       He is presumed insane if he should enter into a contract
b.      He is insane if he should enter into contract
c.       He is barred to enter into contract
d.      The contract is binding
41.   How many provisions are there in the New Civil Code?
a.       2330
b.      2480
c.       2270
d.      2155
42.   A right is
a.       The interest in property that has become fixed that is no longer open to controversy
b.      The privilege given to one person and as a rule demandable of another
c.       All of the above
d.      None of the above
43.   In an action based on a breach of promise to marry, what is the right of the aggrieved party in case there has been carnal knowledge?
a.       The aggrieved party cannot demand for support
b.      Sue for moral damages, if it was due to mutual lust
c.       Sue for actual damages, should there be expenses incurred
d.      An action for actual and moral damages may be filed
44.   What kind of right is possessed by the husband or the wife over the conjugal property while the partnership remains?
a.       Vested right
b.      Inchoate right
c.       Equitable title
d.      None of the above
45.   The following are requisites for marriage settlement, except
a.       Must be in writing
b.      Must contain not contrary to the provisions of the law
c.       Must be made before the celebration of marriage
d.      Must be by  consent of the parents