Wednesday, October 3, 2012

sample basic examination



1.Legislative power is vested not only to the Senate and the House of Representatives but also to  the people when they (a) propose to amend the constitution (b) participate on initiative and referendum (c)  pass ordinances in their sangunians (d)overpower the government through people power.
2. Which is true concerning the party-list system? (a) it constitutes 25% of the total number of House of Representatives (b) it constitutes 20 percent of the membership in the Senate (c) it is taken from the marginalized sector of society (d) majority party groups can participate in the party list system.
3. In BANAT v. Comelec, to fill up all the seats in the party list, the Supreme Court (a) declared as unconstitutional the 2% requirement of votes for a party list to have a seat (b) allowed majority party groups to participate in the party list system (c) did not mind whether all the seats in Congress for the party list shall be filled up unless each must get 2% votes (d) deleted the maximum seats of 3 that each party list can have.
4. What population requirement is needed to create another legislative district? (a) For a city at least 250,000 (b) for a province more than 250,000 (c) for a city 200,000  (d) for a province 300,000.
5. Which adjective describes a legislative district? (a) Compact (b) continuous (c) progressive (d) practicable.
6. The immunity from arrest of a senator does not apply (a) when the offense is punishable by 6 years and one day   (b) when he is convicted already of physical injuries (c) when Congress is in session (d) when he is convicted on an offense punishable by less than six years of imprisonment.
7.Mr. X,  a Senator wrote an article in a newspaper maligning the Senate President for some acts of corruption. The Senate President dared him to prove the charge. Disappointed by the acts of Mr. X, the Senate President charged Mr. X of disorderly behavior, and after voting by a vote of majority, Mr. X was suspended for 90 days .
 Which statement is correct? (a) Mr. X cannot be suspended since he enjoys parliamentary immunity (b) Mr. X can file a case in the supreme court to question the factual validity of his suspension (c) the Supreme Court can review the validity of his suspension on the ground of grave abuse of discretion of the Senate (d) The supreme court cannot review the matter since it involves a political question.
8. Which of the following is prohibited in the constitution? (a) one sitting both as chairman of the Phil Red Cross and at the same time serving as Congressman in his district (b) a judge sitting as board member of an electric cooperative (c) a senate president serving as chairman of the Commission on Appointments (d) a chief justice sitting as chairman of the Judicial and Bar Council.
9. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat.  This provision refers to --- (a) incompatible office (b) forbidden office (c) double compensation (d) prohibited position.
10. Mr. Y is a lawyer. He won as member of the House of Representative in his district. Which of the following statements is true? (a) he can no longer practice his law profession is being prohibited by law (b) He cannot appear as lawyer in court (c) he shall devote all his time already to legislative functions in congress (d) He can no longer solicit clients for his law office.
11.  A member of Senate can be expelled by a vote of  (a) 2/3 of all the members of Congress sitting jointly (b) a majority of votes of all the members of Senate (c) 2/3 of all members of Senate (d) concurrence of 1/3 of all the senators.
12. Which of the following statements is correct concerning the Electoral Tribunal of Senate? (a) it shall be the sole judge of all elections (b) it is composed of six justices and three senators (c) it is composed of six justices and three members of the House of Representatives (d) it is the sole judge of election contests of their respective members.
13. In the recent election, the following political parties obtained the percentages of the total votes: NP, 30%; LP 60%; KB 4% and PARTY-LIST 6%. How many seats shall be allocated in the Commission on Appointments for the LP party? (a) 7 senators shall take their seats (b) 7 senators and 7 members of the House of Representatives shall sit as members therein(c) only 6 senators and 6 representatives (d) it depends on the proportional representation rules promulgated by congress.
14. When the Commission on Appointments cannot function as when Congress is not in session, the President  can (a) appoint a DILG secretary  (b) cannot appoint as it needs the confirmation of the CA (c) can only designate a temporary DILG secretary  (d) cannot designate a DILG secretary since it will violate the prerogatives of the Commission on Appointments.
15. Which position is not subject to confirmation by the Commission on Appointments? (a) Associate Justice of the Supreme Court (b) Secretary of National Defense (c) Brigadier General of the Phil Army (d) Naval Captain
 16. The power of Congress to conduct investigations in aid of legislation is a mandatory power. Which of the following are its limitations? (a) the rules of its procedure must be published in the internet (b)  the questioning should be limited to matters related to a pending legislation (c) the rights of the president must be protected (d) it can be refused on grounds of national security.
17. Which of the following is NOT correct concerning the QUESTION HOUR? (a) it may refer to the heads of departments who upon their own initiative appear before the House (b) the heads of department can only appear there with the consent of the president (c) they can only appear there and be heard on matters affecting their departments (d) when summoned they cannot refuse to appear otherwise they can be declared in legislative contempt.
18. Which of the following statements is correct? (a) Congress has the power to declare war against china (b) The president can declare the existence of a state of war  (c) by a vote of 2/3 of both houses voting separately the President can declare war (d) by a vote of 2/3 of both houses voting jointly the Congress can declare the existence of a state of war.
19. Which of the following statements is correct concerning the emergency powers of the president? (a) it applies in times of war  only (b) Congress delegates this power to the president without restrictions considering the exigency of the situation (c) it is only temporary in nature as it is granted only for a limited period to the President  (d) it can only be withdrawn by Resolution of Congress.
20. Which of the following bills must NOT originate exclusively from the House of Representatives? (a) a bill imposing a higher tariff rate on apples (b) issuance of treasury bills (c)  a bill granting citizenship to a foreigner who has rendered exemplary services to our country (d)  a bill on reproductive health.
21.  What bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer? (a) a revenue  bill (b) a bill of local application (c) special appropriation bill (d) a bill increasing a public debt.
22. Which statement is INCORRECT? (a) the final form of the bill must be in printed form (b) a certified bill need not pass three readings  (c) on the last reading of the bill, amendments shall still be allowed (d) a bill to become a law must pass three readings on separate days.
23. Which of the following statements is CORRECT(a) after it has been presented to the president for his signing  the bill becomes a law  when he vetoes it (b) when majority of the House still passes the bill even if the president vetoes it (c) The President does not  have the power to veto any particular item or items in an appropriation, revenue, or tariff bill (d) The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.
24. Which of the following adjectives describe our system of taxation under the constitution? (a) Equitable , uniform and just (b) compatible, equitable and uniform  (c) just, progressive and uniform   (d)equitable, uniform and progressive.
25. The general rule is that the President cannot exercise legislative power. Which of the following is an exception to this rule? The (a) fixing of import quotas (b) exercise of appointment powers (c) control of local government units (d) supervision of barangays.
26. Charitable institutions, churches and parsonages, are exempt from the payment of  (a) income taxes (b) real property tax (c) donor’s tax  (d) all taxes
27. A private school institution is exempt from the payment of taxes if its establishment is (a) actually and directly (b) actually, and always exclusively (c) directly and exclusively (d) actually, directly, and exclusively -----used for educational purposes.
28. A law granting tax exemption may be passed provided that (a) majority of Senate concurs (b) majority of both senate and House of Representatives must concur (c) two-thirds of Congress concur (d) one-third of Congress only.
29. Which of the following is Correct concerning the Vice-president? (a) he has the same qualifications and term as the President of the Senate (b) he can be removed only by impeachment (c) he cannot be appointed to any office in the government (c) he will become president if the  president is sick.
30. The vice-president shall act as president under what situation? (a) when the president is removed from office (b) when the president dies (c) in case of permanent disability of the president (d) when the president fails to qualify for office.
31.  In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, (a) the Speaker of the House of Representatives, shall become president (b) the Speaker of the House shall act as president (c) the president of the senate shall act as president (d) there shall be a special election immediately.
32. The presidential electoral tribunal is composed of  (a) 12 senators and 12 representatives (b) three justices and six senators (c) the supreme court sitting in a division of 2  (d)the supreme court sitting en banc.
33. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the  (a) Vice-President as Acting-President (b) Senate President (c) Speaker of the House (d) Vice President as President.
34. Which of the following is not considered a midnight appointment? (a) an appointment made by the president to an executive position one month immediately before the next presidential election (b) a permanent appointment extended by the city mayor to a municipal assessor two months immediately before the next presidential election (c) a permanent appointment to a chief of staff of the Philippine army two months before the next presidential election (d) appointment of a secretary of education a month prior to the next presidential election.
35. Which of the following position does not require a confirmation from the Commission on Appointments? (a) Filipino consul to Germany (b) secretary of health (c) customs chief (d) Comelec commissioner
36. What is the nature of an ad interim appointment? (a) it is only temporary in nature (b) no, it is permanent in nature (c) it is done when the Commission on Appointments bypasses an appointee of the president (d) it is prohibited by the constitution.

37. What is the ground for the president to declare martial law? (a) Lawless violence, invasion or rebellion (b) invasion or rebellion (d) invasion and rebellion.
38. Which of the following is CORRECT about the granting of pardon? (a) it can be granted at any stage of the criminal proceedings to a qualified accused (b) it can apply to a group of rebels (c) the court does not take judicial notice of it (d) it restores the political and civil rights of the accused.
39. Which of the following can the president NOT grant alone by his own discretion? (a) pardon (b) amnesty (c) commutation (d) remit fines and forfeitures.
40. IN the case of Llamas v. Orbos, it was ruled that (a) the president can grant pardon only after the final conviction of the accused (b) he can grant amnesty only with the concurrence of majority of the members of congress (c) he can  grant pardons in administrative convictions (d) he cannot grant pardon in administrative cases since pardon applies only to criminal convictions.
41. Which of the following is CORRECT concerning the declaration of martial law? (a) it suspends the operation of the constitution (b)it supplants the functioning of the civil courts  (c) it authorized the conferment of jurisdiction on military courts (d) it does not suspend the privilege of the writ of habeas corpus.
42. Which is NOT correct concerning the suspension of the privilege of the writ of habeas corpus? (a) it applies only to persons charged for rebellion or invasion (b) When arrested the person cannot file a petition for bail (c) when it is suspended the person can question the validity of his arrest before the court (d) During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.
43. What is referred to when the Supreme court promulgate rules concerning the protection of constitutional rights? (a) writ of kalikasan (b)writ of habeas corpus (c) writ of habeas data (d) writ of amparo
44. The (a) President (b) Supreme Court (c) Congress (d) both b & c---- shall have the power to define, prescribe, and apportion the jurisdiction of the various courts.
45. Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, otherwise it shall be decided en banc. What is the least number of votes required to cases heard by a division to decide a case? (a) Five (b) eight (c) three (d) two.
46. Which of the following is NOT a limitation of the power of the Supreme Court to promulgate rules? (a) The rules must be simplified (b) they must also be inexpensive (c) it must result in the speedy disposition of cases (d) they should not modify political rights.
47. The consul of Uruguay is charged of bigamy in the Philippines. Which statement is correct? (a) he cannot be charged in the Philippines since he is a foreigner and the court does not have jurisdiction (b) he can be charged in our country and the case maybe filed in the lower court (c) he can be charged but the case must be filed in the Supreme Court as it has exclusive and original jurisdiction over a consul (d) he must only be tried in his own country.
48. Which of the following is NOT qualified to become  of an associate justice of the Supreme Court ? (a) his mother is a Filipino but he was born in the U.S.A (b) at least 30 years of age (c) must have been a judge for 15 years (d) a law practitioner  for 20 years.

49. Which of the following is NOT correct? When a municipal  court becomes vacant, the applicant for judgeship may --
(a) file an application to the Court Administrator (b) be nominated to the Judicial and Bar Council by a congressman (c) be subjected to an interview and examination by the Chief Justice (c)  file an application letter to the Judicial and Bar Council.

50. It is provided in Art. VIII, Sec. 14 that “No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based”. 
Which of the following statements is NOT correct? 
 (a) This rule is applicable only to a decision, which is described as a judgment rendered after the presentation of proof or on the basis of the stipulation of facts.
(b)  Mere orders are not covered since they dispose of only incidents of the case, such as postponements of the trial, except a dismissal on the merits.
 (c) A minute resolution disposing a petition for habeas corpus, certiorari and mandamus is not covered by this provision; or orders of the trial court resolving incidental matters 
(d) it also applies to administrative cases decided by the Supreme Court , the COMELEC and of the military tribunals.







  


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