PAST MOCK BAR QUESTIONS

POLITICAL AND PUBLIC INTERNATIONAL LAW
5 February 2012   8 A.M. - 12 Noon
 

INSTRUCTIONS

This questionnaire consists of two parts.

Part I is MCQ which consists of 50 questions. Write the letter of your chosen answer in the examination booklet. Each question is worth 1% only.

        Part II is essay type which consists of ten questions at five (5%) percent each. Write your answers on your examination booklet.  Read each question very carefully. Answer legibly, clearly, and concisely. Start each number on a separate page; an answer to a sub-question under the same number may be written continuously on the same page and immediately succeeding pages until completed. Do not repeat the question. A mere "Yes" or "No" answer without any corresponding discussion will not be given any credit.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!

(Sgd.) EUSTOLIA J. MATA
Chairperson
2012 Mock Bar Examination Committee

PART 1. MCQ. 1% EACH.

1.A proposal to revise the constitution can be done by Congress upon a vote of (a) ¾ of all its members (b) ¾ of Senate (c) ¾ of the House of Representatives (d) people’s initiative.

2.A proposal to amend the constitution can also be done by (a) ¾ vote of congress voting separately (b) a constitutional convention (c) people’s initiative of at least 15% of the registered voters (d) all of the above (e) none of the above.

3.Any amendment or revision of the constitution must be ratified by (a) the people (b)majority of the votes cast in a referendum (c) majority of the votes cast in a plebiscite (d) 2/3 votes of Congress (e) none of the above

__________4.Before a justice of the Supreme Court can be charged in Court for a criminal offense, (a) he must first be disbarred (b) he must be impeached by Congress (c) he must be first investigated by the Ombudsman (d) none of the above (e) all of the above

__________5. Public officers and employees must, at all times, be (a) accountable to the people, (b) serve them with utmost responsibility, integrity, loyalty, and efficiency (c) act with patriotism and justice, (d) lead modest lives (e) all of the above.

`­________6. Which of the following is not an impeachable official? (a) associate justice of the Supreme Court (b) Ombudsman for Mindanao (c) Vice-President of the Philippines (d) Comelec Commissioner (e) none of the above.

_______7.Which of the following is not a constitutional commission? (a) Civil Service Commission (b) Commission on Election (c) Commission on Audit (d) Commission on Human Rights (e) all of the above.

_______8.Which of the commissioners must posses that “proven capacity for capacity for public administration (a) CSC (b) COA (c) Comelec (d) CHR (e) Ombudsman

_______9. Appointments in the civil service shall be made only by competitive examination except to positions which are (a) policy-determining (b) primarily confidential (c) highly technical (d) none of the above (e) all of the above.

_______10. Which of the following is not considered as double compensation ? (a) per diem (b) incentive (c) gratuity (d) allowances (e) all of the above

_______11. Which of the following is exempted from nepotism (a) confidential employee (b) teachers (c) physicians (d) navy (e) all of the above

_______12. A recently elected mayor promoted his wife as Municipal Health officer. She has been in the service for 10 years even before her husband got elected as mayor. Which of the following is true? (a) he can do it since it is not covered by nepotism (b) it is not prohibited by law since it is a promotional appointment anyway (c) it cannot be legal since it is a nepotic appointment (d) it is within the power of the mayor since he is the appointing authority (e) it can be validated since the wife is qualified.

________13. Which of the following statements is false concerning the Ombudsman of the Philippines? (a) he can be impeached (b) he is under the control of the Supreme Court (c) investigate a justice of the supreme court (d) suspends a treasurer of the province (e) dismisses a governor from office.

________14. It is required that majority of its membership should be lawyers (a) Comelec (b) COA (c) CSC (d) Sandiganbayan (e) Ombudsman

________15.When the Comelec sits in en banc it is because (a) it has to promulgate a decision (b) it makes its internal rules (c) it decides an election protest (d) it cites a person in contempt (e) it enforces election laws

________16. Unless otherwise fixed by the Commission in special cases, the election period shall commence (a) 90 (b) 120 (c) 45 (d) 30 (e) 160 days before the day of election.

_________17. What kind of party system shall be allowed in this country? (a) Open (b) free (c) multipartisan (d) open and free (e) free choice of the people

_________18. On 27 June 1997, Quirino Congressman Junie Cua filed a complaint before the Office of the Ombudsman against Governor Castillo-Co and Provincial Engineer Virgilio Ringor. Congressman Cua alleged that in the course of its investigation in aid of legislation, the House of Representative Committee on Good Government chaired by him uncovered irregularities in the purchase of heavy equipment by the Governor and the Provincial Engineer. Congressman Cua charged that the equipment purchased was "reconditioned" instead of "brand new" as required by resolutions of the province's Sanggunian authorizing such purchase. In an Order ⁴ dated 4 July 1997, that is, a week after the complaint was filed, Governor Castillo-Co and Provincial Engineer Ringor were placed under preventive suspension for a period of six (6) months. Said order was signed by Emilio A. Gonzales, III, Director, and approved by Jesus Guerrero, Deputy Ombudsman for Luzon.

Which of the following is correct? (a) The deputy Ombudsman has no power to suspend Co (b) It is only the Ombudsman of the Phil. Which has the power to suspend (c) the duration of the suspension is excessive (d) The law does not require that only the Ombudsman himself may sign the order suspension (e) she was denied due process because she was not afforded the opportunity to controvert the evidence against her before the order of preventive suspension was issued.

____________19. Which of the following is not a condition required to sustain the preventive suspension of a government employee? (a) the evidence of guilt is strong (b) the charge involves grave misconduct (c) the charge warrant the payment of a fine (d) the continued stay in office may prejudice the case (e) all of the above.

____________20. On January 27, 1999, an Information was filed with the Sandiganbayan charging petitioner Ricardo S. Inding, a member of the Sangguniang Panlungsod of Dapitan City, with violation of Section 3(e) of Republic Act No. 3019.The case was docketed as Criminal Case No. 25116 and raffled to the Second Division of the Sandiganbayan.On June 2, 1999, the petitioner filed an Omnibus Motion for the dismissal of the case for lack of jurisdiction over the officers charged or, in the alternative, for the referral of the case either to the Regional Trial Court or the Municipal Trial Court for appropriate proceedings. The petitioner alleged therein that under Administrative Order No. 270 which prescribes the Rules and Regulations Implementing the Local Government Code of 1991, he is a member of the Sangguniang Panlungsod of Dapitan City with Salary Grade (SG) 25.

Which of the following statements is CORRECT ? (a) the Sandiganbayan does not have jurisdiction since his salary grade is only 25 (b) the jurisdiction of the Sandiganbayan as a trial court was made to depend not on the penalty imposed by law on the crimes and offenses within its jurisdiction but on the rank and salary grade of accused government officials and employees (c) The Sandiganbayan has no jurisdiction since he is just a lowly city councilor and not a mayor (d) The Sandiganbayan (e) members of the sangguniang panlungsod are specifically included as among those falling within the exclusive original jurisdiction of the Sandiganbayan.

______________21. Gloria G. Lastimosa is First Assistant Provincial Prosecutor of Cebu. Because she and the Provincial Prosecutor refused, or at any rate failed, to file a criminal charge against a municipal mayor as ordered by the Ombudsman, an administrative complaint for grave misconduct, insubordination, gross neglect of duty and maliciously refraining from prosecuting crime was filed against her and the Provincial Prosecutor and a charge for indirect contempt was brought against them, both in the Office of the Ombudsman.

Which of the following is Not true? (a) the Ombudsman cannot suspend her as she is under the Secretary of Justice (b) she cannot be compelled to file a criminal case since she is convinced that there is no probable cause (c) she can be placed under preventive suspension by the Ombudsman (d) Office of the Ombudsman has no jurisdiction over the case against the mayor because the crime involved (rape) was not committed in relation to a public office. For this reason it is argued that the Office of the Ombudsman has no authority to place her and Provincial Prosecutor Kintanar under preventive suspension for refusing to follow his orders and to cite them for indirect contempt for such refusal (e) The Prosecutor can be designated or deputized to assist the Ombudsman and shall then be under his supervision and control.

_____________22. Which of the following statements is correct concerning impeachment proceedings? (a) That a fiscal or other prosecuting officer should forthwith and motu proprio dismiss any charges brought against an impeachable official (b) The remedy of a person with a legitimate grievance against the President is to file impeachment proceedings (c) A Member of the Supreme Court must first be removed from office via the constitutional route of impeachment (d) Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines(e) all of the above

_______________23. On November 18, 2002 an administrative complaint for Misconduct and Neglect of Duty⁵ was filed by the employees of the Provincial Government of Tawi-Tawi against respondent Laja, in his capacity as Provincial Treasurer, in connection with the non-remittance of their contributions to the Government Service Insurance System (GSIS) for the years 1998 to 2001 which resulted in the denial of their loan applications. Thereafter, on November 29, 2002, a similar administrative complaint⁶ for Dishonesty, Oppression and Violation of Republic Act (R.A.) No. 6713, otherwise known as Code of Conduct and Ethical Standards for Public Officials and Employees, was filed by former employees of the Provincial Government of Tawi-Tawi against said respondent in connection with the non-remittance of their GSIS contributions which resulted in the deduction of the corresponding amounts from their retirement benefits.These two cases were subsequently consolidated and submitted for resolution.The Office of the Ombudsman for Mindanao proceeded to hear both cases and in a Joint Decision dated April 15, 2004 dismissed him from service.

Which of the following statements is CORRECT? (a) respondent does not have a vested right to hold public office and that decisions imposing administrative sanctions in administrative disciplinary cases are ‘executory’ pending appeal (b) petitioner’s authority and jurisdiction to order his dismissal is merely ‘recommendatory’ under the Constitution. (c) decisions of the Office of the Ombudsman in administrative cases imposing the penalty of dismissal shall be final and unappealable hence, immediately executory (d) The OMB has the power to directly impose the penalty of removal, suspension, demotion, fine, censure, or prosecution of a public officer or employee found to be at fault, (e) An appeal timely filed will not stay the immediate implementation of the decision of dismissal

_____________24. The Office of the Ombudsman shall have disciplinary authority over all elective and appointive officials of the Government and its subdivisions, instrumentalities and agencies EXCEPT (a) members of the cabinet (b) head of government owned corporations (c) justice of the court of appeals (d) members of Congress (e) Deputy Ombudsman

_____________25. In its Minute Resolution No. 96-3076 of 29 October 1996, the Commission on Elections (COMELEC) resolved to file an information for violation of Section 261(i) of the Omnibus Election Code against private respondents Diosdada Amor, a public school principal, and Esbel Chua and Ruben Magluyoan, both public school teachers, for having engaged in partisan political activities.The penalty for said offenses is less than six years.

Which of the following is true? (a) the cases shall be filed before the Comelec Manila since they are election related offenses (b) it should be filed before the Regional Trial Court of said province (c) it should be filed before the Municipal Trial Court (d) it is only the COMELEC en banc which has jurisdiction (e) it should be first filed before the Prosecutors office for preliminary investigation

____________26. Mr. x and y are candidates for a Barangay captain position. Mr. X won by a margin of 3 votes only. Mr. Y comes to you for advice. Which advice is correct? (a) He can file an election protest before the Regional Trial Court on the ground of electoral fraud (b) he can filed the protest only before the Municipal Trial Court (c) the protest can also be filed before the Comelec itself (d) any of his loyal supporter can file an election protest against Mr. x (e) his wife can also file an election protest proceeding questioning the citizenship of Mr x.

___________27. This petition originated from a case filed by private respondent on March 21, 2001 for the disqualification of petitioner Nestor Magno as mayoralty candidate of San Isidro, Nueva Ecija during the May 14, 2001 elections on the ground that petitioner was previously convicted by the Sandiganbayan of four counts of direct bribery penalized under Article 210 of the Revised Penal Code. It appears that on July 25, 1995, petitioner was sentenced to suffer the indeterminate penalty of 3 months and 11 days of arresto mayor as minimum to 1 year 8 months and 21 days of prision correccional as maximum, for each of the four counts of direct bribery. Thereafter, petitioner applied for probation and was discharged on March 5, 1998 upon order of the Regional Trial Court of Gapan, Nueva Ecija.

Which of the following statement is legally correct? (a) the (COMELEC) correctly disqualified him from running for the position of mayor (b) Petitioner argues that direct bribery is not a crime involving moral turpitude (c) Petitioner already served his sentence as of March 5, 1998 when he was discharged from probation. Such being the case, the two-year disqualification period imposed by Section 40 of the Local Government Code expired on March 5, 2000. Thus, petitioner was qualified to run in the 2001 elections. (d) There appears to be a glaring incompatibility between the five-year disqualification period provided in Section 12 of the Omnibus Election Code and the two-year disqualification period in Section 40 of the Local Government Code.(e) The intent of the legislature to reduce the disqualification period of candidates for local positions from five to two years is not evident.

___________28.Which of the following statements about the CSC is NOT correct? (a) Civil Service Commission has no power of appointment except over its own personnel. (b) Neither does it have the authority to review the appointments made by other offices except only to ascertain if the appointee possesses the required qualifications.(c) The determination of who among aspirants with the minimum statutory qualifications should be preferred belongs to the CSC (d) Appointment is a highly discretionary act that even this Court cannot compel (e) While the act of appointment may in proper cases be the subject of mandamus, the selection itself of the appointee - taking into account the totality of his qualifications, including those abstract qualities that define his personality - is the prerogative of the appointing authority.

____________29. Atty. Augusto Toledo was appointed by then Comelec Chairman Ramon Felipe as Manager of the Education and Information Department of the Comelec, on May 21, 1986. At the time of his appointment, petitioner, having been born on July 8, 1927 was already more than fifty-seven (57) years old. It was the first time petitioner joined the government service as he was then engaged in active private practice prior to said appointment.

Which of the following is correct? (a) his appointment is valid since he is a lawyer (b) he is not qualified since CSC regulation particulary Section 5, Rule VI of those Revised Civil Service Rules provided that:" No person shall be appointed or reinstated in the service if he is already 57 years old (c) his appointment is valid since the CSC regulation is unconstitutional (d) the appointment then of Atty. Toledo was made in violation of law and pursuant to Section 7, Rule III of the Civil Service Rules on Personnel Action, the appointment was void from the beginning (e) his appointment must be valid as age does not really matter.

__________30. An auditing team from the COA Regional Office No. VIII in Candahug, Palo, Leyte, audited the accounts of the Catbalogan Water District (“CWD”) in Catbalogan, Samar. The auditing team discovered that between May to December 1997 and April to June 1998, members of CWD’s interim Board of Directors (“Board”) granted themselves the following benefits: Representation and Transportation Allowance (“RATA”), Rice Allowance, Productivity Incentive Bonus, Anniversary Bonus, Year-End Bonus and cash gifts. These allowances and bonuses were authorized under Resolution No. 313, series of 1995, of the Local Water Utilities Administration (“LWUA”).

10. Police Officer John invited Tulio in connection with the death of Sander and two other robbery cases reported in Lucena City.During their conversation Tulio explicitly recounted what had transpired regarding Sander’s death. Is the narration of Tulio admissible as evidence against him?

A: The narration is inadmissible. The prohibition is reinforced in R.A. 7438 whichprotects the rights of persons under custodial investigation … as including the practice of issuing an invitation to a person who is investigated in connection with an offense he is suspected to have committed (PP. V. Tan G.R. No. 117321, Feb. 11, 1998).

11.While in police custody, the accused verbally and spontaneously admitted his guilt and pointed out the mastermind of the robbery. Is his statement admissible as evidence?

ANSWER: Yes, because constitutional procedures on custodial investigation do not apply to a spontaneous statement, not elicited through questioning by the authorities, but given in an ordinary manner whereby the accused orally admitted having committed the crime—as in the case at bar. (Pp. v. Cabiles, G.R. No. 112035, Jan. 16, 1995).

12.While in the custody for violation of Dangerous DrugsAct, the accused, unassisted by counsel, wrote his name on the rolled marijuana cigarettes that had been seized from him. Are the marked cigarettes admissible in evidence?

ANSWER: No. Accused’s act of writing his name on the cigarettes amounted to an admission of his culpability without the assistance of counsel. The cigarettes are inadmissible. (Pp. v. Enrique Jr. GR. No. 90738, Dec. 8, 1991).

_1.A proposal to revise the constitution can be done by Congress upon a vote of (a) ¾ of all its members (b) ¾ of Senate (c) ¾ of the House of Representatives (d) people’s initiative.

_________2.A proposal to amend the constitution can also be done by (a) ¾ vote of congress voting separately (b) a constitutional convention (c) people’s initiative of at least 15% of the registered voters (d) all of the above (e) none of the above.

_________3.Any amendment or revision of the constitution must be ratified by (a) the people (b)majority of the votes cast in a referendum (c) majority of the votes cast in a plebiscite (d) 2/3 votes of Congress (e) none of the above

__________4.Before a justice of the Supreme Court can be charged in Court for a criminal offense, (a) he must first be disbarred (b) he must be impeached by Congress (c) he must be first investigated by the Ombudsman (d) none of the above (e) all of the above

__________5. Public officers and employees must, at all times, be (a) accountable to the people, (b) serve them with utmost responsibility, integrity, loyalty, and efficiency (c) act with patriotism and justice, (d) lead modest lives (e) all of the above.

`­________6. Which of the following is not an impeachable official? (a) associate justice of the Supreme Court (b) Ombudsman for Mindanao (c) Vice-President of the Philippines (d) Comelec Commissioner (e) none of the above.

_______7.Which of the following is not a constitutional commission? (a) Civil Service Commission (b) Commission on Election (c) Commission on Audit (d) Commission on Human Rights (e) all of the above.

_______8.Which of the commissioners must posses that “proven capacity for capacity for public administration (a) CSC (b) COA (c) Comelec (d) CHR (e) Ombudsman

_______9. Appointments in the civil service shall be made only by competitive examination except to positions which are (a) policy-determining (b) primarily confidential (c) highly technical (d) none of the above (e) all of the above.

_______10. Which of the following is not considered as double compensation ? (a) per diem (b) incentive (c) gratuity (d) allowances (e) all of the above

_______11. Which of the following is exempted from nepotism (a) confidential employee (b) teachers (c) physicians (d) navy (e) all of the above

_______12. A recently elected mayor promoted his wife as Municipal Health officer. She has been in the service for 10 years even before her husband got elected as mayor. Which of the following is true? (a) he can do it since it is not covered by nepotism (b) it is not prohibited by law since it is a promotional appointment anyway (c) it cannot be legal since it is a nepotic appointment (d) it is within the power of the mayor since he is the appointing authority (e) it can be validated since the wife is qualified.

________13. Which of the following statements is false concerning the Ombudsman of the Philippines? (a) he can be impeached (b) he is under the control of the Supreme Court (c) investigate a justice of the supreme court (d) suspends a treasurer of the province (e) dismisses a governor from office.

________14. It is required that majority of its membership should be lawyers (a) Comelec (b) COA (c) CSC (d) Sandiganbayan (e) Ombudsman

________15.When the Comelec sits in en banc it is because (a) it has to promulgate a decision (b) it makes its internal rules (c) it decides an election protest (d) it cites a person in contempt (e) it enforces election laws

________16. Unless otherwise fixed by the Commission in special cases, the election period shall commence (a) 90 (b) 120 (c) 45 (d) 30 (e) 160 days before the day of election.

_________17. What kind of party system shall be allowed in this country? (a) Open (b) free (c) multipartisan (d) open and free (e) free choice of the people

_________18. On 27 June 1997, Quirino Congressman Junie Cua filed a complaint before the Office of the Ombudsman against Governor Castillo-Co and Provincial Engineer Virgilio Ringor. Congressman Cua alleged that in the course of its investigation in aid of legislation, the House of Representative Committee on Good Government chaired by him uncovered irregularities in the purchase of heavy equipment by the Governor and the Provincial Engineer. Congressman Cua charged that the equipment purchased was "reconditioned" instead of "brand new" as required by resolutions of the province's Sanggunian authorizing such purchase. In an Order ⁴ dated 4 July 1997, that is, a week after the complaint was filed, Governor Castillo-Co and Provincial Engineer Ringor were placed under preventive suspension for a period of six (6) months. Said order was signed by Emilio A. Gonzales, III, Director, and approved by Jesus Guerrero, Deputy Ombudsman for Luzon.

Which of the following is correct? (a) The deputy Ombudsman has no power to suspend Co (b) It is only the Ombudsman of the Phil. Which has the power to suspend (c) the duration of the suspension is excessive (d) The law does not require that only the Ombudsman himself may sign the order suspension (e) she was denied due process because she was not afforded the opportunity to controvert the evidence against her before the order of preventive suspension was issued.

____________19. Which of the following is not a condition required to sustain the preventive suspension of a government employee? (a) the evidence of guilt is strong (b) the charge involves grave misconduct (c) the charge warrant the payment of a fine (d) the continued stay in office may prejudice the case (e) all of the above.

____________20. On January 27, 1999, an Information was filed with the Sandiganbayan charging petitioner Ricardo S. Inding, a member of the Sangguniang Panlungsod of Dapitan City, with violation of Section 3(e) of Republic Act No. 3019.The case was docketed as Criminal Case No. 25116 and raffled to the Second Division of the Sandiganbayan.On June 2, 1999, the petitioner filed an Omnibus Motion for the dismissal of the case for lack of jurisdiction over the officers charged or, in the alternative, for the referral of the case either to the Regional Trial Court or the Municipal Trial Court for appropriate proceedings. The petitioner alleged therein that under Administrative Order No. 270 which prescribes the Rules and Regulations Implementing the Local Government Code of 1991, he is a member of the Sangguniang Panlungsod of Dapitan City with Salary Grade (SG) 25.

Which of the following statements is CORRECT ? (a) the Sandiganbayan does not have jurisdiction since his salary grade is only 25 (b) the jurisdiction of the Sandiganbayan as a trial court was made to depend not on the penalty imposed by law on the crimes and offenses within its jurisdiction but on the rank and salary grade of accused government officials and employees (c) The Sandiganbayan has no jurisdiction since he is just a lowly city councilor and not a mayor (d) The Sandiganbayan (e) members of the sangguniang panlungsod are specifically included as among those falling within the exclusive original jurisdiction of the Sandiganbayan.

______________21. Gloria G. Lastimosa is First Assistant Provincial Prosecutor of Cebu. Because she and the Provincial Prosecutor refused, or at any rate failed, to file a criminal charge against a municipal mayor as ordered by the Ombudsman, an administrative complaint for grave misconduct, insubordination, gross neglect of duty and maliciously refraining from prosecuting crime was filed against her and the Provincial Prosecutor and a charge for indirect contempt was brought against them, both in the Office of the Ombudsman.

Which of the following is Not true? (a) the Ombudsman cannot suspend her as she is under the Secretary of Justice (b) she cannot be compelled to file a criminal case since she is convinced that there is no probable cause (c) she can be placed under preventive suspension by the Ombudsman (d) Office of the Ombudsman has no jurisdiction over the case against the mayor because the crime involved (rape) was not committed in relation to a public office. For this reason it is argued that the Office of the Ombudsman has no authority to place her and Provincial Prosecutor Kintanar under preventive suspension for refusing to follow his orders and to cite them for indirect contempt for such refusal (e) The Prosecutor can be designated or deputized to assist the Ombudsman and shall then be under his supervision and control.

_____________22. Which of the following statements is correct concerning impeachment proceedings? (a) That a fiscal or other prosecuting officer should forthwith and motu proprio dismiss any charges brought against an impeachable official (b) The remedy of a person with a legitimate grievance against the President is to file impeachment proceedings (c) A Member of the Supreme Court must first be removed from office via the constitutional route of impeachment (d) Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines(e) all of the above

_______________23. On November 18, 2002 an administrative complaint for Misconduct and Neglect of Duty⁵ was filed by the employees of the Provincial Government of Tawi-Tawi against respondent Laja, in his capacity as Provincial Treasurer, in connection with the non-remittance of their contributions to the Government Service Insurance System (GSIS) for the years 1998 to 2001 which resulted in the denial of their loan applications. Thereafter, on November 29, 2002, a similar administrative complaint⁶ for Dishonesty, Oppression and Violation of Republic Act (R.A.) No. 6713, otherwise known as Code of Conduct and Ethical Standards for Public Officials and Employees, was filed by former employees of the Provincial Government of Tawi-Tawi against said respondent in connection with the non-remittance of their GSIS contributions which resulted in the deduction of the corresponding amounts from their retirement benefits.These two cases were subsequently consolidated and submitted for resolution.The Office of the Ombudsman for Mindanao proceeded to hear both cases and in a Joint Decision dated April 15, 2004 dismissed him from service.

Which of the following statements is CORRECT? (a) respondent does not have a vested right to hold public office and that decisions imposing administrative sanctions in administrative disciplinary cases are ‘executory’ pending appeal (b) petitioner’s authority and jurisdiction to order his dismissal is merely ‘recommendatory’ under the Constitution. (c) decisions of the Office of the Ombudsman in administrative cases imposing the penalty of dismissal shall be final and unappealable hence, immediately executory (d) The OMB has the power to directly impose the penalty of removal, suspension, demotion, fine, censure, or prosecution of a public officer or employee found to be at fault, (e) An appeal timely filed will not stay the immediate implementation of the decision of dismissal

_____________24. The Office of the Ombudsman shall have disciplinary authority over all elective and appointive officials of the Government and its subdivisions, instrumentalities and agencies EXCEPT (a) members of the cabinet (b) head of government owned corporations (c) justice of the court of appeals (d) members of Congress (e) Deputy Ombudsman

_____________25. In its Minute Resolution No. 96-3076 of 29 October 1996, the Commission on Elections (COMELEC) resolved to file an information for violation of Section 261(i) of the Omnibus Election Code against private respondents Diosdada Amor, a public school principal, and Esbel Chua and Ruben Magluyoan, both public school teachers, for having engaged in partisan political activities.The penalty for said offenses is less than six years.

Which of the following is true? (a) the cases shall be filed before the Comelec Manila since they are election related offenses (b) it should be filed before the Regional Trial Court of said province (c) it should be filed before the Municipal Trial Court (d) it is only the COMELEC en banc which has jurisdiction (e) it should be first filed before the Prosecutors office for preliminary investigation

____________26. Mr. x and y are candidates for a Barangay captain position. Mr. X won by a margin of 3 votes only. Mr. Y comes to you for advice. Which advice is correct? (a) He can file an election protest before the Regional Trial Court on the ground of electoral fraud (b) he can filed the protest only before the Municipal Trial Court (c) the protest can also be filed before the Comelec itself (d) any of his loyal supporter can file an election protest against Mr. x (e) his wife can also file an election protest proceeding questioning the citizenship of Mr x.

___________27. This petition originated from a case filed by private respondent on March 21, 2001 for the disqualification of petitioner Nestor Magno as mayoralty candidate of San Isidro, Nueva Ecija during the May 14, 2001 elections on the ground that petitioner was previously convicted by the Sandiganbayan of four counts of direct bribery penalized under Article 210 of the Revised Penal Code. It appears that on July 25, 1995, petitioner was sentenced to suffer the indeterminate penalty of 3 months and 11 days of arresto mayor as minimum to 1 year 8 months and 21 days of prision correccional as maximum, for each of the four counts of direct bribery. Thereafter, petitioner applied for probation and was discharged on March 5, 1998 upon order of the Regional Trial Court of Gapan, Nueva Ecija.

Which of the following statement is legally correct? (a) the (COMELEC) correctly disqualified him from running for the position of mayor (b) Petitioner argues that direct bribery is not a crime involving moral turpitude (c) Petitioner already served his sentence as of March 5, 1998 when he was discharged from probation. Such being the case, the two-year disqualification period imposed by Section 40 of the Local Government Code expired on March 5, 2000. Thus, petitioner was qualified to run in the 2001 elections. (d) There appears to be a glaring incompatibility between the five-year disqualification period provided in Section 12 of the Omnibus Election Code and the two-year disqualification period in Section 40 of the Local Government Code.(e) The intent of the legislature to reduce the disqualification period of candidates for local positions from five to two years is not evident.

___________28.Which of the following statements about the CSC is NOT correct? (a) Civil Service Commission has no power of appointment except over its own personnel. (b) Neither does it have the authority to review the appointments made by other offices except only to ascertain if the appointee possesses the required qualifications.(c) The determination of who among aspirants with the minimum statutory qualifications should be preferred belongs to the CSC (d) Appointment is a highly discretionary act that even this Court cannot compel (e) While the act of appointment may in proper cases be the subject of mandamus, the selection itself of the appointee - taking into account the totality of his qualifications, including those abstract qualities that define his personality - is the prerogative of the appointing authority.

____________29. Atty. Augusto Toledo was appointed by then Comelec Chairman Ramon Felipe as Manager of the Education and Information Department of the Comelec, on May 21, 1986. At the time of his appointment, petitioner, having been born on July 8, 1927 was already more than fifty-seven (57) years old. It was the first time petitioner joined the government service as he was then engaged in active private practice prior to said appointment.

Which of the following is correct? (a) his appointment is valid since he is a lawyer (b) he is not qualified since CSC regulation particulary Section 5, Rule VI of those Revised Civil Service Rules provided that:" No person shall be appointed or reinstated in the service if he is already 57 years old (c) his appointment is valid since the CSC regulation is unconstitutional (d) the appointment then of Atty. Toledo was made in violation of law and pursuant to Section 7, Rule III of the Civil Service Rules on Personnel Action, the appointment was void from the beginning (e) his appointment must be valid as age does not really matter.

__________30. An auditing team from the COA Regional Office No. VIII in Candahug, Palo, Leyte, audited the accounts of the Catbalogan Water District (“CWD”) in Catbalogan, Samar. The auditing team discovered that between May to December 1997 and April to June 1998, members of CWD’s interim Board of Directors (“Board”) granted themselves the following benefits: Representation and Transportation Allowance (“RATA”), Rice Allowance, Productivity Incentive Bonus, Anniversary Bonus, Year-End Bonus and cash gifts. These allowances and bonuses were authorized under Resolution No. 313, series of 1995, of the Local Water Utilities Administration (“LWUA”).

Which of the following is correct? (a) The allowances are valid because the CWD is not a government owned corporation(b) the COA usurped the functions of the LWUA in construing PD 198 and disallowing payment of the additional allowances and bonuses(c) The allowances and bonuses are illegal on the ground that they run counter to Section 13 of Presidential Decree No. 198 (d) The allowances which are illegally received must be returned (e) it is the Department of Budget and Management (“DBM”), not the COA, that has the power to administer the compensation and classification system of the government service and to revise it as necessary.

_________31. Which of the following does not enjoy fiscal autonomy? (a) COA (b) CSC (c) CHR (d) SC (e) COMELEC

_________32.Which of the following does NOT have jurisdiction over inclusion proceedings? (a) MTC (b)MCTC (c) Metropolitan Trial Courts (d) Regional Trial Court (e) City Courts

_______`­­­33.. Which of the following is not a ground for impeachment? (a) Violation of the constitution (b) graft (c) bribery (c) treason (d) corruption (e) all of the above.

_________34.Which of the following is exempt from competitive examinations? (a) city legal officer (b) highly technical position (c) primarily confidential (d) policy determining (e) all of the above

__________35.Which has jurisdiction to the election contest concerning a Barangay kagawad? (a) DILG (b) courts of limited jurisdiction (c) courts of general jurisdiction (d) COMELEC (e) none of the above

__________36.Election cases shall be heard by (a) Comelec En banc (b) Comelec in division (c) Electoral Tribunals (d) all of the above (e) none of the above.

__________37.Election contests decided by the Municipal Trial Courts shall be appealable to the (a) Regional Trial Court (b) Comelec en banc (c) Comelec in a division (d) Supreme Court on certiorari (e) Court of Appeals

__________38. Which vote in the House of Representatives is enough to constitute the Articles of Impeachment? (a) majority (b) one-third (c) two-third (d) three-fourth (e) none of the above

__________39. A proposal to amend the Constitution by modifying Sections 1-7 of Article VI (Legislative Department) and Sections 1-4 of Article VII (Executive Department) cannot be done through (a) constituent assembly (b) constitutional convention (c) people’s initiative (d) ¾ vote of Congress (e) all of the above.

________40.Which of the following is NOT correct? (a) Congress or a constitutional convention can propose both amendments and revisions to the Constitution (b) the initiative must be “directly proposed by the people through initiative upon a petition (c) The Constitution entrusts to the people the power to directly propose amendments to the Constitution (d) An initiative that gathers signatures from the people without first showing to the people the full text of the proposed amendments is most likely a deception (e)Article XVII of the Constitution speaks of two modes of amending the Constitution.

________41.Which of the following is CORRECT? (a) The framers intended, and wrote, that only Congress or a constitutional convention may propose revisions to the Constitution (b) The framers intended, and wrote, that a people’s initiative may propose only amendments to the Constitution (c) the people cannot propose revisions even as they are empowered to propose amendments (d) a revision of the Constitution may be accomplished only through ratification by the people of a revised constitution proposed by a convention called for that purpose (e) all of the above

___________42. Which of the following is NOT correct? (a) Revision broadly implies a change that alters a basic principle in the constitution (b) altering the principle of separation of powers or the system of checks-and-balances is a form of revision (c) amendment generally affects only the specific provision being amended (d) Revision generally affects several provisions of the constitution (e) A shift from the present Bicameral-Presidential system to a Unicameral-Parliamentary system is an amendment of the Constitution.

­­­­­_________43.Which of the following is CORRECT? (A) It has been a settled rule that it is mandatory for the Sandigabayan to place under preventive suspension a public officer accused before it (B) The imposition of suspension is not automatic or self-operative since the accused is given adequate opportunity to challenge the validity or regularity of the criminal proceedings against him (C) once proper determination of the validity of the Information has been made, it becomes the ministerial duty of the court to forthwith issue the order of preventive suspension (D) after upholding the validity of the Informations against the accused the Sandiganbayan can order their preventive suspension for a period of ninety (90) days (E) all of the above.

____________44. Respondents were employed at the Office of the Southern Cultural Communities (OSCC), Davao del Sur, Provincial Office, Digos, Davao del Sur with salaries below grade 27. They were charged with 11 counts of malversation through falsification, based on alleged purchases of medicine and food assistance for cultural community members, and one count of violation of R.A. No. 3019, §3(e), in connection with the purchases of supplies for the OSCC without bidding/canvass. As none of the respondents has the “rank” required under R.A. No. 8249 to be tried for the said crimes in the Sandiganbayan, the informations were filed by the Ombudsman in the Regional Trial Court of Digos, Davao del Sur.

Which of the following is NOT correct? (a) the Ombudsman has no authority to prosecute graft cases falling within the jurisdiction of regular courts (b) the Office of the Ombudsman is authorized to investigate and prosecute all cases involving public officials and employees, without distinction as to their rank and the nature of their act or omission (c) the Ombudsman has powers to prosecute not only graft cases within the jurisdiction of the Sandiganbayan but also those cognizable by the regular courts (d) The power to investigate and to prosecute granted by law to the Ombudsman is plenary and unqualified (e) that the powers granted by the legislature to the Ombudsman are very broad and encompass all kinds of malfeasance, misfeasance and non-feasance committed by public officers and employees during their tenure of office.

________45. Petitioner was proclaimed Mayor of Gloria, Oriental Mindoro during the May 8, 1995 elections.In the same elections, private respondent was proclaimed Vice-Mayor of the same municipality.On May 19, 1995, petitioner’s rival candidate, the late Nicolas M. Jamilla, filed an election protest before the Regional Trial Court of Pinamalayan, Oriental Mindoro.During the pendency of said contest, Jamilla died.

Which of the following is not Correct? (a) the election protest is personal in nature hence the death of the protestant extinguishes the case itself (b) An election contest involves not merely conflicting private aspirations but is imbued with paramount public interests (c) the petitioner’s cessation in office is not a ground for the dismissal of the contest nor detract the Courts jurisdiction to decide the case (d) public policy demands that an election contest, duly commenced, be not abated by the death of the petitioner (e) Vice Mayor elect has the status of a real party in interest in the continuation of the proceedings and is entitled to intervene therein

__________46.Which of the following is correct? (a) impeachment proceedings are outside the scope of judicial review (b) impeachment is a political action which cannot assume a judicial character (c) the Senate’s “sole power to try” impeachment cases (1) entirely excludes the application of judicial review over it (d) none of the above (e) all of the above

__________47.Which of the following is considered as a limitation on the power to impeach? (a) the manner of filing (b) required vote to impeach (c) one year bar on the impeachment of one and the same official. (d) none of the above (e) all of the above

__________48.Which of the following is considered as a limitation of the power of judicial review? (a) an actual case or controversy calling for the exercise of judicial power; (b) the person challenging the act must have a personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement; (c) the question of constitutionality must be raised at the earliest possible opportunity; and (d) the issue of constitutionality must be the very lis mota of the case (e) all of the above

___________49.Which of the following cannot be considered as a legal standing of a taxpayer? (a) where there is a claim that public funds are illegally disbursed (b) that public money is being deflected to any improper purpose (c) that there is a wastage of public funds through the enforcement of an invalid or unconstitutional law (d) that he has sufficient interest in preventing the illegal expenditure of money raised by taxation (e) that he has a general interest common to all members of the public.

___________50.Which of the following DOES NOT describe a “political question? (a) connotes, in legal parlance, what it means in ordinary parlance, namely, a question of policy (b) it refers to “those questions which, under the Constitution, are to be decided by the people in their sovereign capacity (c) in regard to which full discretionary authority has been delegated to the Legislature or executive branch of the Government (d) It is concerned with issues dependent upon the wisdom, of a particular measure (e) it is concerned with the legality of the law itself.

9. The jurisdiction of the ICC is “ ratione temporis”. This means that (a) its jurisdiction is temporary or optional (b) its jurisdiction attaches only with respect to crimes committed after becoming a state party (c) jurisdiction attaches even to non-member states (d) that a state may accept jurisdiction and waive immunity (e) that the Court has jurisdiction only with respect to crimes committed after the entry of force of the Rome Statute.

10.Articel 20 of the Rome statute speaks about “Ne Bis in Idem”. This means that (a) no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court (b) No person shall be tried by another court for a crime for which that person has already been convicted or acquitted by the Court(c) no person shall be put twice in jeopardy for the same offence (d) all of the above (e) none of the above.

11.The International Criminal Court shall use what applicable law? (a) the Rome Statute (b) treaties (b) international law of armed conflict (c) national laws of states (d) apply principles and rules of law as interpreted in its previous decisions (e) all of the above.

12. Under the Rome Statute, the principle of nullum crimen sine lege is defined. Which of the following is not a definition of said principle? (a) A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court (b) A person shall be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of its national law (c) The definition of a crime shall be strictly construed and shall not be extended by analogy. (d) In case of ambiguity, the definition shall be interpreted in favor of the person being investigated, prosecuted or convicted (e)A person convicted by the Court may be punished only in accordance with this Statute.

13.Which principle states that “In the event of a change in the law applicable to a given case prior to a final judgement, the law more favourable to the person being investigated, prosecuted or convicted shall apply” ? (a) Nulla poena sine lege (b) Nullum crimen sine lege (c) Non-retroactivity ratione personae (d) Individual criminal responsibility (e) ratione temporis

14. Under the ICC, the principle is that “The Court shall have jurisdiction over natural persons pursuant to this Statute”. Which of the following principles support this tenet? (a) Nulla poena sine lege (b) Nullum crimen sine lege (c)Non-retroactivity ratione personae (d) Individual criminal responsibility (e) ratione temporis.

15. Which of the following best describes as to what “SOFT LAW” is? (a) non-binding norm (b) it can influence state behavior (c) the UN Declaration of Human Rights (d) none of the above (e) all of the above.

16. The Philippines adopts the generally accepted principles of international law as part of the law of the land. Which statement is NOT correct? (a) this is a statement of the doctrine of transformation (b) the doctrine of Incorporation is illustrated (c) we are bound by the treaty (d) we adopt pacta sunt servanda (e) we support the UN Charter.

17.Under public international law, what statement below is correct with respect to the right to bail? (a) in quarantine cases bail is not available (b) bail can be granted in extradition cases (c) bail can be granted in deportation cases where the accused is detained (d) none of the above (e) all of the above.

18.Which statement is correct with respect to an extradition case? The standard of proof in extradition cases (i.e. whether to grant it or not) is (a) proof beyond reasonable doubt (b) preponderance of evidence (c) clear and convincing evidence (d) substantial evidence (e) none of the above since extradition proceeding is sui generis.

19. Which statement is NOT correct with respect to extradition? (a) it is created by a treaty (b) it demands the surrender of one accused of a crime (c) it is a punishment for a crime (d) it is a trial not to determine the guilt of the accused (e) it is merely basically administrative in character.

20. Which of the following is not a peremptory norm ? (a) jus cogen (b) compelling law (c) an international law principle (d) customary law (e) treaty

21. Which of the following is an example of jus cogens? (a) non-refoulement (b) extraterritoriality (c) anti-slavery norms (d) none of the above (e) all of the above.

22. It is defined as under international law as "a well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast ---- (a) territorial sea (b) contiguous zone (c) exclusive economic zone (d) bay (e) continental shelf.

23. Which describes correctly our internal waters? (a) Waters landward of the baseline (b) the state has completed jurisdiction (c) archipelagic waters (d) none of the above (e) all of the above.

24. Which is correct about our territorial sea? (a) 12 km (b) 12 nautical miles (c) 44 km (d) 12 miles (e) 200 nautical miles -- from the baseline.

25. It is defined as a band of water extending from the outer edge of the territorial sea to up to twenty four nautical miles (44 km; 28 mi) from the baseline, within which a state can exert limited control for the purpose of preventing or punishing "infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea".---- (a) Territorial sea (b) internal waters (c) contiguous zone (d) exclusive economic zone (e) continental shelf.

26. Which is NOT correct concerning the exclusive economic zone? (a) it extends to a maximum of 200 km from the territorial sea baseline (b) it includes the contiguous zone (c) all economic resources are controlled by a state within this zone (d) it is a coastal nation’s territorial waters (e) all of the above.

27. It extends out to the outer edge but at least 200 nautical miles (370 km; 230 mi) from the baselines of the territorial sea if the continental margin does not stretch that far. It does not stretch beyond 350 nautical miles (650 km; 400 mi) of the baseline, or beyond 100 nautical miles (190 km; 120 mi) from the 2,500 metres (8,200 ft) isobath, which is a line connecting the depths of the seabed at 2,500 meters. (a) Territorial sea (b) internal waters (c) contiguous zone (d) exclusive economic zone (e) continental shelf.

28. On a more positive note, also after World War II, both international organizations and states gave recognition and importance to human rights. Thus, on December 10, 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights in which the right to life, liberty and all the other fundamental rights of every person were proclaimed. Which of the following is NOT true concerning the UNIVERSAL DECLARATION OF HUMAN RIGHTS? (A) it is a treaty signed by states (B) the principles contained in the said Declaration are now recognized as customarily binding upon the members of the international community (C) it is a soft law (d) on December 10, 1948, the United Nations General Assembly adopted it (e) it forms part of the law of our land.

29. Which is NOT true about the International Court of Justice? (a) Only states can be parties to a suit before it (b) it can render advisory opinions (c) it is bound by precedents (d) its jurisdiction is optional on the part of the states (e) it uses customary law in deciding cases.

30. Which of the following are the so called trends in international law which our country cannot ignore? (a) the growing importance of the individual person in public international law who, in the 20th century, has gradually attained global recognition; (b) the higher value now being given to human rights in the international sphere; (c) the corresponding duty of countries to observe these universal human rights in fulfilling their treaty obligations; and (d) the duty of this Court to balance the rights of the individual under our fundamental law, on one hand, and the law on extradition, on the other (e) the acceptable subjects of international law are still states and entities which are given international personalities.

31. Which of the following is NOT correct concerning the Warsaw Convention? Plaintiff can bring an action for damages concerning airline violations at his option in (a) the court of any place where the carrier is operating (b) in the court of the domicile of the carrier (c) in the court where the carrier has its principal place of business (d) the court where the carrier has an establishment by which the contract has been made (e) the court of the place of destination.

32. After the expiration in 1991 of the Agreement between the Philippines and the United States of America concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except (a) under a treaty duly concurred in by the Senate (b) the treaty must be ratified by a majority of the votes cast by the people in a national referendum held for that purpose (c) the treaty must be recognized as a treaty by the other contracting State (d) only a and b (e) all of the above.

33.Which of the following is not correct concerning the Visiting Forces Agreement? (a) it was duly concurred in by the Philippine Senate and has been recognized as a treaty by the United States as attested and certified by the duly authorized representative of the United States government (b) The fact that the VFA was not submitted for advice and consent of the United States Senate detracts it from its status as a binding international agreement or treaty recognized by the said State. (c) as an implementing agreement of the RP-US Mutual Defense Treaty, it was not necessary to submit the VFA to the US Senate for advice and consent, but merely to the US Congress under the Case–Zablocki Act within 60 days of its ratification (d) the US has certified that it recognizes the VFA as a binding international agreement, i.e., a treaty, and this substantially complies with the requirements of Art. XVIII, Sec. 25 of our Constitution (e) The provision of Art. XVIII, Sec. 25 of the Constitution, is complied with by virtue of the fact that the presence of the US Armed Forces through the VFA is a presence "allowed under" the RP-US Mutual Defense Treaty.

34 Which of the following is a “sole executive agreement” within the American system of treaties? (a) These are advised and consented to by the US Senate in accordance with Art. II, Sec. 2 of the US Constitution (b) These are joint agreements of the President and Congress and need not be submitted to the Senate (c) These are agreements entered into by the President which are submitted to Congress within sixty (60) days of ratification under the provisions of the Case-Zablocki Act, after which they are recognized by the Congress and may be implemented (d) all of the above (e) none of the above.

35. Which word describes the holding that “ treaties entered into by the United States are not automatically part of their domestic law unless these treaties are self-executing or there is an implementing legislation to make them enforceable”--- (a) Medellin (b) Zablocki (c) Martens (d) Kenney (e) Roerich.

36. Which is NOT correct concerning the interpretation of treaties? (a) A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose (b) The state cannot take into account, together with the context any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions (c)the state can take into account any instrument which was made by one or more parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument related to the party (d) all of the above (e) none of the above.

37.Which of the following statements is erroneous? (a) the fact that international law has been made part of the law of the land does not by any means imply the primacy of international law over national law in the municipal sphere (b) From the perspective of public international law, a treaty is favored over municipal law pursuant to the principle of pacta sunt servanda (c) a party to a treaty is allowed to "invoke the provisions of its internal law as justification for its failure to perform a treaty (d) the provisions of a treaty are always subject to qualification or amendment by a subsequent law, or that it is subject to the police power of the State (e) Under the doctrine of incorporation as applied in most countries, rules of international law are given a standing equal, not superior, to national legislation.

38.The case of Gonzales v. Hechanova ruled that (a) Under the doctrine of incorporation as applied in most countries, rules of international law are given a standing equal, not superior, to national legislation(b) the fact that international law has been made part of the law of the land does not by any means imply the primacy of international law over national law in the municipal sphere (c) From the perspective of public international law, a treaty is favored over municipal law pursuant to the principle of pacta sunt servanda (d) a party to a treaty is allowed to "invoke the provisions of its internal law as justification for its failure to perform a treaty (e) our Constitution authorizes the nullification of a treaty, not only when it conflicts with the fundamental law, but, also, when it runs counter to an act of Congress.

39. Which of the following may not be considered an en banc case of the Supreme Court (a). Cases in which the constitutionality or validity of any treaty, international or executive agreement, law, executive order, or presidential decree, proclamation, order, instruction, ordinance, or regulation is in question;(b) Criminal cases in which the appealed decision imposes the death penalty;(c) Cases raising novel questions of law;(d). Cases affecting ambassadors or other public ministers(e) cases affecting consuls.

40. IT is defined as a record of a routine agreement that has many similarities with the private law contract. The agreement consists two documents, each of the parties being in the possession of the one signed by the representative of the other. Under the usual procedure, the accepting State repeats the text of the offering State to record its assent. The signatories of the letters may be government Ministers, diplomats or departmental heads. It is frequently resorted to, either because of its speedy procedure, or, sometimes, to avoid the process of legislative approval. ----(a) treaty (b) protocol (c) exchange of notes (d) bilateral treaty (e) executive agreement.