Law & Society by Chester Cabalza: May 2012

Wednesday, May 30, 2012

2011 Labor Law BAR Examination (MCQ)

Bar Examination Questionnaire for Labor Law
Set A

Source: lawphil.net

(1) The union’s by-laws provided for burial assistance to the family of a member who dies. When Carlos, a member, died, the union denied his wife's claim for burial assistance, compelling her to hire a lawyer to pursue the claim. Assuming the wife wins the case, may she also claim attorney's fees?

(A) No, since the legal services rendered has no connection to CBA negotiation.

(B) Yes, since the union should have provided her the assistance of a lawyer.

(D) Yes, since award of attorney's fee is not limited to cases of withholding of wages.

(2) Pol requested Obet, a union officer and concurrently chairman of the company's Labor-Management Council, to appeal to the company for a recomputation of Pol’s overtime pay. After 5 p.m., his usual knock-off time, Obet spent two hours at the Personnel Office, reconciling the differing computations of Pol’s overtime. Are those two hours compensable?

(A) Yes, because Obet performed work within the company premises.

(B) No, since Obet’s action has nothing to do with his regular work assignment.

(D) Yes, because the time he spent on grievance meetings is considered hoursworked.

(3) The Labor Code on retirement pay expands the term “one-half (½) month salary” because it means

(A) 15 days' pay plus 1/12th of the 13th month pay and 1/12th of the cash value of service incentive leave.

(B) 15 days' pay plus 1/12th of the 13th month pay and the cash equivalent of five days service incentive leave.

(D) 15 calendar days' pay per year of service plus allowances received during the retirement year.

(4) A foreign guest in a luxury hotel complained that he lost certain valuable items in his hotel room. An investigation by the hotel pointed to two roomboys as the most probable thieves. May the management invoke “loss of confidence” as a just cause for dismissing the roomboys?

(A) No, “loss of confidence” as reason for dismissal does not apply to rank and file employees.

(B) No, “loss of confidence” applies only to confidential positions.

(D) RIGHT ANSWER Yes, “loss of confidence” applies to employees who are charged with the care and custody of the employer's property.

(5) Tower Placement Agency supplies manpower to Lucas Candy Factory to do work usually necessary for work done at its factory. After working there for more than two years under the factory manager’s supervision, the workers demanded that Lucas extend to them the same employment benefits that their directly hired workers enjoyed. Is their demand valid?

(A) Yes, since it was Lucas that actually hired and supervised them to work at itsfactory.

(B) No, since the agency workers are not employees of the client factory.

(D) No, since it was the placement agency that got them their jobs.

(6) Both apprenticeship and learnership are government programs to provide practical on-the-job training to new workers. How do they differ with respect to period of training?.

(A) In highly technical industries, apprenticeship can exceed 6 months; learnership can exceed one year.

(B) Apprenticeship cannot exceed 6 months; learnership can.

(D) The law lets the employer and the apprentice agree on the apprenticeship period; but the law fixes learnership period at six months in non-technical industries.

(7) Venus Department Store decided to contract out the security services that its 10 direct-hired full-time security guards provided. The company paid the men separation pay. With this move, the Store was able to cut costs and secure efficient outside professional security services. But the terminated security guards complained of illegal dismissal, claiming that regular jobs such as theirs could not be contracted out. Will their complaint prosper?

(A) No. the management has the right to contract out jobs to secure efficient and economical operations.

(B) Yes. They should be reinstated or absorbed by the security agency as its employees.

(D) Yes. The company cannot contract out regular jobs such as they had.

(8) Although both are training programs, apprenticeship is different from learnership in that

(A) a learner may be paid 25% less than the legal minimum wage while an apprentice is entitled to the minimum wage.

(B) apprenticeship has to be covered by a written agreement; no such formality is needed in learnership.

(C) in learnership, the employer undertakes to make the learner a regular employee; in apprenticeship, no such undertaking.

(D) a learner is deemed a regular employee if terminated without his fault within one month of training; an apprentice attains employment status after six months of apprenticeship.

(9) A golf and country club outsourced the jobs in its food and beverage department and offered the affected employees an early retirement package of 1 ½ month’s pay for each year of service. The employees who accepted the package executed quitclaims. Thereafter, employees of a service contractor performed their jobs. Subsequently, the management contracted with other job contractors to provide other services like the maintenance of physical facilities, golf operations, and administrative and support services. Some of the separated employees who signed quitclaims later filed complaints for illegal dismissal. Were they validly dismissed?

(A) Yes. The jobs were given to job contractors, not to labor-only contractors, and the dismissed employees received higher separation pay than the law required.

(B) No. The outsourcing and the employment termination were invalid since the management failed to show that it suffered severe financial losses.

(C) No. Since the outsourcing of jobs in several departments entailed the separation of many employees, the club needed the Secretary of Labor’s approval of its actions.

(D) No. Since the outsourced jobs were held by old-time regular employees, it was illegal for the club to terminate them and give the jobs to others.

(10) Sampaguita Company wants to embark on a retrenchment program in view of declining sales. It identified five employees that it needed to separate. The human resource manager seems to recall that she has to give the five employees and the DOLE a 30-day notice but she feels that she can give a shorter notice. What will you advise her?

(A) Instead of giving a 30-day notice, she can just give a 30-day advanced salary and make the separation effective immediately.

(B) So long as she gave DOLE a 30-day prior notice, she can give the employees a shorter notice.

(D) She can give a shorter notice if the retrenchment is due to severe and substantial losses.

(11) Under the Labor Code, its provisions on working conditions, including the eight-hour work day rule, do not apply to domestic helpers. Does it follow from this that a domestic helper's workday is not limited by law?

(A) No, since a domestic helper cannot be required to work more than ten hours a day.

(B) Yes, since a domestic helper's hours of work depend on the need of the household he or she works for.

(D) Yes, a domestic helper may be required to work twelve hours a day or beyond.

(12) Under the Labor Code on Working Conditions and Rest Periods, a person hired by a high company official but paid for by the company to clean and maintain his staff house is regarded as

(A) a person rendering personal service to another.

(B) a regular company employee.

(D) domestic helper.

(13) The union filed a notice of strike due to a bargaining deadlock. But, because the Secretary of Labor assumed jurisdiction over the dispute, the strike was averted. Meanwhile, the employer observed that the union engaged in a work slowdown. Contending that the slowdown was in fact an illegal strike, the employer dismissed all the union officers. The union president complained of illegal dismissal because the employer should first prove his part in the slowdown. Is the union president correct?

(A) Yes, since the employer gave him no notice of its finding that there was a slowdown.

(B) Yes. The employer must prove the union president’s part in slowdown.

(D) No. As the union president, it may be assumed that he led the slowdown.

(14) The existing collective bargaining unit in Company X includes some fifty “secretaries” and “clerks” who routinely record and monitor reports required by their department heads. Believing that these secretaries and clerks should not be union members because of the confidential nature of their work, the management discontinued deducting union dues from their salaries. Is the management’s action legal?

(A) No, only managers are prohibited from joining unions; the law does not bar “confidential employees” from joining unions.

(B) No, “confidential employees” are those who assist persons who formulate, determine, or enforce management policies in the field of labor relations.

(C) Yes, secretaries and clerks of company executives are extensions of the management and, therefore, should not join the union.

(D) No, “confidential” employees are those who handle executive records and payroll or serve as executive secretaries of top-level managers.

(15) Jose Lovina had been member of the board of directors and Executive Vice President of San Jose Corporation for 12 years. In 2008, the San Jose stockholders did not elect him to the board of directors nor did the board reappoint him as Executive Vice President. He filed an illegal dismissal complaint with a Labor Arbiter. Contending that the Labor Arbiter had no jurisdiction over the case since Lovina was not an employee, the company filed a motion to dismiss. Should the motion be granted?

(A) No, the Labor Arbiter has jurisdiction over all termination disputes.

(B) Yes, it is the NLRC that has jurisdiction over disputes involving corporate officers.

(D) Yes, jurisdiction lies with the regular courts since the complainant was a corporate officer.

(16) An employee proved to have been illegally dismissed is entitled to reinstatement and full backwages computed on the basis of his

(A) basic salary plus the regular allowances and the thirteenth month pay.

(B) basic salary plus the salary CBA increases during the pendency of his case.

(D) basic salary at the time of dismissal.

(17) The meal time (lunch break) for the dining crew in Glorious Restaurant is either from 10 a.m. to 11 a.m. or from 1:30 p.m. to 2:30 p.m., with pay. But the management wants to change the mealtime to 11: a.m. to 12 noon or 12:30 p.m. to 1:30 p.m., without pay. Will the change be legal?

(A) Yes, absent an agreement to the contrary, the management determines work hours and, by law, meal break is without pay.

(B) No, because lunchbreak regardless of time should be with pay.

(D) No, because existing practice cannot be discontinued unilaterally.

(18) The employees’ union in San Joaquin Enterprise continued their strike despite a return to work order from the Secretary of Labor. Because of this defiance, the employer dismissed the strikers. But the Labor Arbiter declared as illegal the dismissal of those whose commission of unlawful acts had not been proved. They were ordered immediately reinstated. The employer refused, however, to reinstate them on the ground that the rule on immediate reinstatement applies only to terminations due to just or authorized causes. Is the employer’s refusal justified?

(A) No, every employee found to have been illegally dismissed is entitled to immediate reinstatement even pending appeal.

(B) Yes. The employer’s refusal is legal and justified as a penalty for defying the secretary’s lawful order.

(D) No. The dismissal of the employees was valid; reinstatement is unwarranted.

(19) Llanas Corporation and Union X, the certified bargaining agent of its employees, concluded a CBA for the period January 1, 2000 to December 31, 2004. But, long before the CBA expired, members of Union Y, the minority union, showed dissatisfaction with the CBA under the belief that Union X was a company union. Agitated by its members, Union Y filed a petition for a Certification Election on December 1, 2002. Will the petition prosper?

(A) No, such a petition can only be filed within the freedom period of the CBA.

(B) No, since a petition for certification can be filed only upon the expiration of the CBA.

(D) Yes, employees should be allowed to cancel at the earliest opportunity a CBA that they believed was obtained by a company union.

(20) Is it correct to say that under Philippine law a househelper has no right to security of tenure?

(A) No, since a househelper can be dismissed only for just cause or when his agreed period of employment ends.

(B) Yes, since it is the employer who determines the period of his service.

(D) No, since a househelper can be dismissed only for just cause, except when he has been employed for a definite period not exceeding one year.

(21) Reach-All, a marketing firm with operating capital of P100,000, supplied sales persons to pharmaceutical companies to promote their products in hospitals and doctors' offices. Reach-All trained these sales persons in the art of selling but it is the client companies that taught them the pharmacological qualities of their products. Reach-All’s roving supervisors monitored, assessed, and supervised their work performance. Reach-All directly paid their salaries out of contractor's fees it received. Under the circumstances, can the sales persons demand that they be absorbed as employees of the pharmaceutical firms?

(A) No, they are Reach-All’s employees since it has control over their work performance.

(B) Yes, since they receive training from the pharmaceutical companies regarding the products they will promote.

(D) Yes, since Reach-All does does not qualify as independent contractoremployer, its clients being the source of the employees’ salaries.

(22) Executive Order No. 180, which protects government employees, does NOT apply to “high-level employees,” namely,

(A) presidential appointees.

(B) those performing policy-determining functions, excluding confidential employees and supervisors.

(D) elective officials.

(23) In the case of a househelper, reinstatement is not a statutory relief for unjust dismissal because of the confidentiality of his or her job. Instead, the househelper shall be paid

(A) an indemnity equivalent to 15 days' pay plus compensation already earned.

(B) a separation pay equivalent to one month's pay per year of service.

(D) 15 days' pay as indemnity plus wages lost from dismissal to finality of decision.

(24) The CBA for the period January 2007 to December 2009 granted the employees a P40 per day increase with the understanding that it is creditable as compliance to any future wage order. Subsequently, the regional wage board increased by P20 the minimum wage in the employer’s area beginning January 2008. The management claims that the CBA increase may be considered compliance even if the Wage Order itself said that “CBA increase is not creditable as compliance to the Wage Order.” Is the management's claim valid?

(A) Yes, since creditability of the CBA increase is the free and deliberate agreement and intention of the parties.

(B) Yes, since the Wage Order cannot prejudice the management’s vested interest in the provisions of the CBA.

(D) No, the CBA increase and the Wage Order are essentially different and are to be complied with separately.

(25) When an employee works from 8 a.m. to 5 p.m. on a legal holiday falling on his rest day, which of the following formulas do you use to compute for his day's wage on that day?

(A) His regular daily wage multiplied by 200% plus 30% of the 200%

(B) His regular daily wage multiplied by 200%

(D) His daily regular wage

(26) The employees’ rights to organize and to bargain collectively are means of exercising the broader right to participate in policy or decision-making processes. The employees' right to participate in policy and decision making processes is available

(A) if a labor-management council exists.

(B) if a labor-management council does not exist.

(D) whether or not a labor-management council exists.

(27) If not used by the end of the year, the service incentive leave shall be

(A) carried over to the next year.

(B) converted to its money equivalent.

(D) converted to cash and paid when the employee resigns or retires.

(28) An employee is NOT entitled to “financial assistance” in cases of legal dismissal when the dismissal

(A) is based on an offense reflecting the depraved character of the employee.

(B) is based on serious misconduct or breach of the employer's trust.

(D) when the employee has less than 10 years of service.

(29) In a work-related environment, sexual harassment is committed when

(A) the offender has authority, influence, or moral ascendancy over his subordinate victim.

(B) the victim’s continued employment is conditioned on sexual favor from her.

(D) the victim is not hired because she turned down the demand for sexual favor.

(30) Government employees may elect a union as their exclusive representative but this right is not available to

(A) regular employees in government instrumentalities and agencies.

(B) employees of government-owned and -controlled corporations without original charters.

(D) employees of provincial and local government units.

(31) Celia, an OFW that Moonshine Agency recruited and deployed, died in Syria, her place of work. Her death was not work-related, it appearing that she had been murdered. Insisting that she committed suicide, the employer and the agency took no action to ascertain the cause of death and treated the matter as a “closed case.” The worker's family sued both the employer and the agency for moral and exemplary damages. May such damages be awarded?

(A) Yes, the agency and the employer’s uncaring attitude makes them liable for such damages.

(B) Yes, but only the principal is liable for such damages since the agency had nothing to do with Celia’s death.

(D) No, since her death is not attributable to any act of the agency or the employer.

(32) When the employer or his representative hurls serious insult on the honor or person of the employee, the law says that the employee

(A) may leave work after at least a five-day notice to the employer.

(B) may leave work at any time and file for constructive dismissal.

(D) may abandon his job at once.

(33) A sugar mill in Laguna, capitalized at P300 million, suffered a P10,000.00 loss last year. This year it dismissed three young female employees who gave birth in the last three years. In its termination report to DOLE, the sugar mill gave as reason for the dismissal “retrenchment because of losses.” Did it violate any law?

(A) Yes, the law on retrenchment, the sugar mill’s loses not being substantial.

(B) Yes, the law against violence committed on women and children.

(D) No, but the management action confirms suspicion that some companies avoid hiring women because of higher costs.

(34) “Piece rate employees” are those who are paid by results or other non-time basis. As such they are NOT entitled to overtime pay for work done beyond eight hours if

(A) their workplace is away from the company's principal place of work.

(B) they fail to fill up time sheets.

(D) the piece rate formula accords with the labor department’s approved rates.

(35) An employer may require an employee to work on the employee's rest day

(A) to avoid irreparable loss to the employer.

(B) only when there is a state of calamity.

(D) subject to 24-hour advance notice to the employee.

(36) The State has a policy of promoting collective bargaining and voluntary arbitration as modes of settling labor disputes. To this end, the voluntary arbitrator’s jurisdiction has not been limited to interpretation and implementation of collective bargaining agreements and company personnel policies. It may extend to “all other labor disputes,” provided

(A) the extension does not cover cases of union busting.

(B) the parties agreed to such extended jurisdiction.

(D) the parties agreed in their CBA to broaden his jurisdiction.

(37) Philworld, a POEA-licensed agency, recruited and deployed Mike with its principal, Delta Construction Company in Dubai for a 2-year project job. After he had worked for a year, Delta and Philworld terminated for unknown reason their agency agreement. Delta stopped paying Mike's salary. When Mike returned to the Philippines, he sued both Philworld and Delta for unpaid salary and damages. May Philworld, the agency, be held liable?

(A) No, since Philworld, the recruitment agency, is not the employer liable for unpaid wages.

(B) Yes, since the agency is equally liable with the foreign principal despite the termination of their contract between them.

(D) No, since Mike did not get paid only after Delta and Philworld terminated their contract.

(38) Melissa, a coffee shop worker of 5 months, requested her employer for 5 days' leave with pay to attend to the case that she filed against her husband for physical assault two weeks earlier. May the employer deny her request for leave with pay?

(A) Yes, the reason being purely personal, approval depends on the employer’s discretion and is without pay.

(B) No, as victim of physical violence of her husband, she is entitled to five days paid leave to attend to her action against him.

(D) Yes, since she is not yet a permanent employee.

(39) Quiel, a househelper in the Wilson household since 2006, resigned from his job for several reasons. One reason was the daily 12-hour workday without any rest day. When he left his job he had unpaid wages totaling P13,500.00 which his employer refused to pay. He wants to claim this amount though he is not interested in getting back his job. Where should he file his claim?

(A) He should file his claim with the DSWD, which will eventually endorse it to the right agency.

(B) Since he has no interest in reinstatement, he can file his claim with the office of the regional director of the Department of Labor.

(C) He should file his claim exceeding P5,000.00 with the office of the labor arbiters, the regional arbitrators representing the NLRC.

(D) He should go to the Employee’s Compensation Commission.

(40) For labor, the Constitutionally adopted policy of promoting social justice in all phases of national development means

(A) the nationalization of the tools of production.

(B) the periodic examination of laws for the common good.

(D) the revision of laws to generate greater employment.

(41) To avail himself of paternity leave with pay, when must the male employee file his application for leave?

(A) Within one week from the expected date of delivery by the wife.

(B) Not later than one week after his wife’s delivery or miscarriage

(D) When a physician has already ascertained the date the wife will give birth.

(42) The constitution promotes the principle of shared responsibility between workers and employers, preferring the settlement of disputes through

(A) compulsory arbitration.

(B) collective bargaining.

(D) labor-management councils.

(43) Which of the following is NOT a requisite for entitlement to paternity leave?

(A) The employee is cohabiting with his wife when she gave birth or had a miscarriage.

(B) The employee is a regular or permanent employee.

(D) The employee is lawfully married to his wife.

(44) Of the four grounds mentioned below, which one has been judicially affirmed as justification for an employee’s refusal to follow an employer’s transfer order?

(A) A transfer to another location is not in the employee's appointment paper.

(B) The transfer deters the employee from exercising his right to self-organization.

(D) The transfer will result in additional housing and travel expenses for the employee.

(45) Of the four definitions below, which one does NOT fit the definition of “solo parent” under the Solo Parents Welfare Act?

(A) Solo parenthood while the other parent serves sentence for at least one year.

(B) A woman who gives birth as a result of rape.

(D) Solo parenthood where the spouse left for abroad and fails to give support for more than a year.

(46) Albert and four others signed employment contracts with Reign Publishers from January 1 to March 31, 2011 to help clear up encoding backlogs. By first week of April 2011, however, they remained at work. On June 30 Reign’s manager notified them that their work would end that day. Do they have valid reason to complain?

(A) No, since fixed term employment, to which they agreed, is allowed.

(B) Yes, their job was necessary and desirable to the employer’s business and, therefore, they are regular employees.

(C) Yes, when they worked beyond March without an extended fixed term employment contract, they became regular employees.

(D) No, since the 3-month extension is allowed in such employment.

(47) A handicapped worker may be hired as apprentice or learner, provided

(A) he waives any claim to legal minimum wage.

(B) his work is limited to apprenticeable job suitable to a handicapped worker.

(D) he does not demand regular status as an employee.

(48) The Secretary of Labor and Employment or his duly authorized representative, including labor regulations officers, shall have access to employer's records and premises during work hours. Why is this statement an inaccurate statement of the law?

(A) Because the power to inspect applies only to employer records, not to the premises.

(B) Because only the Secretary of Labor and Employment has the power to inspect, and such power cannot be delegated.

(D) Because the power to inspect is already delegated to the DOLE regional directors, not to labor regulations officers.

(49) In industrial homework, the homeworker does at his home the work that his employer requires of him, using employer-supplied materials. It differs from regular factory work in the sense that

(A) the workers are not allowed to form labor organizations.

(B) the workers' pay is fixed by informal agreement between the workers and their employer.

(D) the workers are simply called “homeworkers,” not “employees,” hence not covered by the social security law.

(50) Which of the following grounds exempts an enterprise from the service incentive leave law?

(A) The employees already enjoy 15 days vacation leave with pay.

(B) The employer's business has been suffering losses in the past three years.

(D) The company is located in a special economic zone.

(51) Which of the following acts is NOT considered unfair labor practice (ULP)?

(A) Restraining employees in the exercise of the right to self-organization.

(B) Union's interference with the employee's right to self-organization.

(D) Gross violation of the collective bargaining agreement by the union.

(52) In computing for 13th month pay, Balagtas Company used as basis both the employee’s regular base pay and the cash value of his unused vacation and sick leaves. After two and a half years, it announced that it had made a mistake and was discontinuing such practice. Is the management action legally justified?

(A) Yes, since 13th month pay should only be one-twelfth of the regular pay.

(B) No, since the erroneous computation has ripened into an established, nonwithdrawable practice.

(D) No, employment benefits can be withdrawn only through a CBA negotiation.

(53) Where the petition for a certification election in an unorganized establishment is filed by a federation, it shall NOT be required to disclose the

(A) names of the local chapter's officers and members.

(B) names and addresses of the federation officers.

(D) names of the employees that sought assistance from the federation in creating the chapter.

(54) Under the Limited Portability law, funds from the GSIS and the SSS maybe transferred for the benefit of a worker who transfers from one system to the other. For this purpose, overlapping periods of membership shall be

(A) credited only once.

(B) credited in full.

(D) equally divided for the purpose of totalization.

(55) Of the four tests below, which is the most determinative of the status of a legitimate contractor-employer?

(A) The contractor performs activities not directly related to the principal's main business.

(B) The contractor has substantial investments in tools, equipment, and other devices.

(D) The contractor has direct control over the employees’ manner and method of work performance.

(56) X Company’s CBA grants each employee a 14th month year-end bonus. Because the company is in financial difficulty, its head wants to negotiate the discontinuance of such bonus. Would such proposal violate the “nondiminution rule” in the Labor Code?

(A) No, but it will certainly amount to negotiating in bad faith.

(B) Yes since the rule is that benefits already granted in a CBA cannot be withdrawn or reduced.

(D) Yes, since such discontinuance will cancel the enjoyment of existing benefits.

(57) Night differential is differentiated from overtime pay in that

(A) while overtime pay is given for overtime work done during day or night, night differential is given only for work done between 10:00 p.m. and 6:00 a.m.

(B) while overtime pay is paid to an employee whether on day shift or night shift, night shift differential is only for employees regularly assigned to night work.

(C) while overtime pay is for work done beyond eight hours, night differential is added to the overtime pay if the overtime work is done between 6:00 p.m. and 12 midnight.

(D) while overtime pay is 25% additional to the employee's hourly regular wage, night differential is 10% of such hourly wage without overtime pay.

(58) Differentiate a “labor organization” from a “legitimate labor organization.”

(A) While the employees themselves form a “labor organization,” a “legitimate labor organization” is formed at the initiative of a national union or federation.

(B) While the members of a “labor organization” consists only of rank and file employees, a “legitimate labor organization” consists of both supervisory and rank and file employees.

(C) While a “labor organization” exists for a lawful purpose, a “legitimate labor organization” must, in addition, be registered with the labor department.

(D) While the officers in a “labor organization” are elected in an informal way, the officers in “legitimate labor organization” are formally elected according to the union's constitution and by-laws.

(59) The negotiating panels for the CBA of X Company established a rule that only employees of the company will seat in each panel. In the next session, the management panel objected to the presence of the union counsel. Still the negotiation proceeded. At the next session, the management panel again objected to the presence of the union counsel as a non-observance of the “no outsider” rule. The negotiation nonetheless proceeded. Does the management panel's objection to the presence of the union counsel constitute unfair labor practice through bad-faith bargaining?

(A) Yes, the management is harping on a non-mandatory matter instead of proceeding with the mandatory subjects of bargaining.

(B) No, there is no bargaining in bad faith since the bargaining proceeded anyway.

(D) No, since it is the union that violates the ground rules fashioned by the parties, it is the one negotiating in bad faith.

(60) Which of the following acts is NOT part of the regulatory and visitorial power of the Secretary of Labor and Employment over recruitment and placement agencies? The power to

(A) order arrest of an illegal recruiter

(B) inspect premises, books and records

(D) garnish recruiter's bond

(61) Where there is a bargaining deadlock, who may file a notice of strike?

(A) The majority members of the bargaining unit.

(B) The recognized bargaining agent.

(D) The majority members of the bargaining union.

(62) When a recruitment agency fails to deploy a recruit without valid reason and without the recruit's fault, the agency is obligated to

(A) reimburse the recruit's documentary and processing expenses.

(B) reimburse the recruit’s expenses with 6% interest.

(D) find another employer and deploy the recruit within 12 months.

(63) Which of the following is an essential element of illegal recruitment?

(A) The recruiter demands and gets money from the recruit but issues no receipt.

(B) The recruiter gives the impression that he is able to send the recruit abroad.

(D) The recruiter has no authority to recruit.

(64) A group of 15 regular rank-and-file employees of Bay Resort formed and registered an independent union. On hearing of this, the management called the officers to check who the union members were. It turned out that the members included the probationary staff, casuals, and the employees of the landscape contractor. The management contends that inclusion of non-regulars and employees of a contractor makes the union’s composition inappropriate and its registration invalid. Is this correct?

(A) Yes, union membership should be confined to direct-hired employees of the company.

(B) Yes, the “community of interest” criterion should be observed not only in the composition of a bargaining unit but also in the membership of a union.

(D) No, union membership may include non-regulars since it differs from membership in a bargaining unit.

(65) Which is NOT a guideline for the dismissal of an employee on the ground of “loss of confidence”?

(A) Loss of confidence may not be arbitrarily invoked in the face of overwhelming evidence to the contrary.

(B) Loss of confidence as cause of dismissal should be expressly embodied in written company rules.

(D) Loss of confidence should not be simulated nor a mere afterthought to justify earlier action taken in bad faith.

(66) Pedring, Daniel, and Paul were employees of Delibakery who resigned from their jobs but wanted to file money claims for unpaid wages and 13th month pay. Pedring’s claim totals P20,000.00, Daniel’s P3,000.00, and Paul’s P22,000.00. Daniel changed his mind and now also wants reinstatement because he resigned only upon the instigation of Pedring and Paul. Where should they file their claims?

(A) With the DOLE regional director for Pedring and Paul’s claims with no reinstatement; with the labor arbiter for Daniel’s claim with reinstatement.

(B) With the Office of the Regional Director of the Department of Labor for all claims to avoid multiplicity of suits.

(D) With the DOLE Regional Director provided they are consolidated for expediency.

(67) In a scenario like typhoon Ondoy, who may be required by the employer to work overtime when necessary to prevent loss of life or property?

(A) Health personnel

(B) Employees with first aid training

(D) Any employee

(68) The management and Union X in Atisan Mining entered into a CBA for 1997 to 2001. After 6 months, a majority of the members of Union X formed Union Y and sought management recognition. The latter responded by not dealing with either union. But, when the CBA’s economic provisions had to be renegotiated towards the end of the term of the CBA, the management chose to negotiate with Union Y, the newer union. Thus, Union X which negotiated the existing CBA charged the company with unfair labor practice (ULP). The company argued that it committed no unfair labor practice since the supposed violation had nothing to do with economic provisions of the CBA. Is the management right?

(A) No. Refusal to comply with the CBA’s economic provisions is not the only ground for ULP; a disregard of the entire CBA by refusing to renegotiate with the incumbent bargaining agent is also ULP,

(B) Yes. No unfair labor practice was committed because the supposed violation has nothing to do with economic provisions of the CBA.

(D) Yes. A CBA violation amounts to ULP only if the violation is “gross,” meaning flagrant or malicious refusal to comply with the CBA’s economic provisions which is not the case here.

(69) The apprenticeship program should be supplemented by theoretical instruction to be given by

(A) the apprentice's school only where the apprentice is formally enrolled as a student.

(B) the employer if the apprenticeship is done in the plant.

(D) the Department of Labor and Employment.

(70) The Securities and Exchange Commission approved a merger that allowed Broad Bank to absorb the assets and liabilities of EBank. Broad Bank also absorbed EBank’s rank-and-file employees without change in tenure, salary, and benefits. Broad Bank was unionized but EBank was not. The Broad Bank bargaining union requested the management to implement the union security clause in their CBA by requiring the ex-EBank employees to join the union. Does the union security clause in the Broad Bank CBA bind the ex-EBank employees?

(A) No, since the ex-EBank employees were not yet Broad Bank employees when that CBA was entered into.

(B) No, Broad Bank’s absorption of ex-EBank employees was not a requirement of law or contract; hence, the CBA does not apply.

(C) Yes, Broad Bank’s absorption of ex-EBank employees automatically makes the latter union members of Broad Bank’s bargaining union.

(D) Yes, since the right not to join a labor union is subordinate to the policy of unionism that encourages collective representation and bargaining.

(71) The employer must observe both substantive and procedural due process when dismissing an employee. If procedural due process is not observed, the dismissal will be regarded as

(A) defective; the dismissal process has to be repeated.

(B) an abuse of employer's discretion, rendering the dismissal void.

(D) legal and valid but the employer will be liable for indemnity.

(72) Mario, an expert aircon technician, owns and manages a small aircon repair shop with little capital. He employs one full-time and two part-time technicians. When they do repair work in homes or offices, their clients do not tell them how to do their jobs since they are experts in what they do. The shop is shabby, merely rented, and lies in a small side street. Mario and the other technicians regard themselves as informal partners. They receive no regular salary and only earn commissions from service fees that clients pay. To what categories of workers do they fall?

(A) Labor-only contractors

(B) Job contractors

(D) Manpower agency contractors

(73) How often should the collected service charges be distributed to employees in hotels and restaurants?

(A) Every end of the month

(B) Every two weeks

(D) At the end of each work day

(74) Which of the following conditions justifies a licensed employment agency to charge and collect fees for employment assistance?

(A) The recruit has submitted his credentials to the employment agency.

(B) The POEA has approved the agency's charges and fees.

(D) The worker has obtained employment through the agency's efforts.

(75) During the CBA negotiation the management panel proposed a redefinition of the “rank-and-file” bargaining unit to exclude “HR Specialist” in the human resource department and “Analyst” in the research and development department. The union panel objected since those affected have already been included in the bargaining unit covered by the existing CBA and so could no longer be excluded. Is the union correct in insisting that their exclusion would amount to bad faith on the part of the management panel?

(A) No, efforts to modify an existing CBA do not constitute bad faith if such modification does not diminish employment benefits.

(B) Yes, the proposed exclusion amounts to management’s violation of its duty to bargain because it disregards the bargaining history between the parties.

(D) No, bargaining history is not the only factor that determines the coverage of the bargaining unit; seeking its redefinition is not negotiating in bad faith.

2011 Political Law BAR Examination (MCQ)

Bar Examination Questionnaire for Political Law
Set A

Source: http://www.lawphil.net

(1) Filipino citizenship may be acquired through judicial naturalization only by an alien

(A) born, raised, and educated in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen.

(B) who has all the qualifications and none of the disqualifications to become a Filipino citizen.

(C) born and raised in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen.

(D) whose mother or father is a naturalized Filipino and who himself is qualified to be naturalized.

(2) Jax Liner applied for a public utility bus service from Bacolod to Dumaguete from the Land Transportation Franchising and Regulatory Board (LTFRB). BB Express opposed. LTFRB ruled in favor of Jax. BB appealed to the Secretary of the Department of Transportation and Communication (DOTC), who reversed the LTFRB decision. Jax appealed to the Office of the President which reinstated the LTFRB’s ruling. BB Express went to the Court of Appeals on certiorari questioning the decision of the Office of the President on the ground that Office of the President has no jurisdiction over the case in the absence of any law providing an appeal from DOTC to the Office of the President. Will the petition prosper?

(A) No, exhaustion of administrative remedies up to the level of the President is a pre-requisite to judicial recourse.

(B) No, the action of the DOTC Secretary bears only the implied approval of the President who is not precluded from reviewing the decision of the former.

(D) Yes, the doctrine of qualified political agency renders unnecessary a further appeal to the Office of the President.

(3) Where A is set for promotion to Administrative Assistant III and B to the post of Administrative Assistant II vacated by A, the appointing authority must

(A) submit to the CSC the two promotional appointments together for approval.

(B) not appoint B until the CSC has approved A’s appointment.

(D) simultaneously issue the appointments of A and B.

(4) When a witness is granted transactional immunity in exchange for his testimony on how his immediate superior induced him to destroy public records to cover up the latter's act of malversation of public funds, the witness may NOT be prosecuted for

(A) direct contempt.

(B) infidelity in the custody of public records.

(D) false testimony.

(5) Mario, a Bureau of Customs’ examiner, was administratively charged with grave misconduct and preventively suspended pending investigation. The head of office found him guilty as charged and ordered his dismissal. The decision against him was executed pending appeal. The Civil Service Commission (CSC) subsequently found him guilty and after considering a number of mitigating circumstances, reduced his penalty to only one month suspension. Is Mario entitled to back salaries?

(A) Yes, the reduction of the penalty means restoration of his right to back salaries.

(B) No, the penalty of one month suspension carries with it the forfeiture of back salaries.

(D) Yes, corresponding to the period of his suspension pending appeal less one month.

(6) Althea, a Filipino citizen, bought a lot in the Philippines in 1975. Her predecessors-in-interest have been in open, continuous, exclusive and notorious possession of the lot since 1940, in the concept of owner. In 1988, Althea became a naturalized Australian citizen. Is she qualified to apply for registration of the lot in her name?

(A) Yes, provided she acquires back her Filipino citizenship.

(B) No, except when it can be proved that Australia has a counterpart domestic law that also favors former Filipino citizens residing there.

(C) Yes, the lot is already private in character and as a former natural-born Filipino, she can buy the lot and apply for its registration in her name.

(D) No, foreigners are not allowed to own lands in the Philippines.

(7) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court or when

(A) public safety or public health requires otherwise as prescribed by law.

(B) dictated by the need to maintain public peace and order.

(D) public safety or order requires otherwise as determined by the President.

(8) One advantage of a written Constitution is its

(A) reliability.

(B) permanence.

(D) expediency.

(9) An appointment held at the pleasure of the appointing power

(A) essentially temporary in nature.

(B) requires special qualifications of the appointee.

(D) is co-extensive with the term of the public officer who appointed him.

(10) The city government filed a complaint for expropriation of 10 lots to build a recreational complex for the members of the homeowners' association of Sitio Sto. Tomas, the most populated residential compound in the city. The lot owners challenged the purpose of the expropriation. Does the expropriation have a valid purpose?

(A) No, because not everybody uses a recreational complex.

(B) No, because it intends to benefit a private organization.

(D) Yes, it serves the well-being of the local residents.

(11) An example of a content based restraint on free speech is a regulation prescribing

(A) maximum tolerance of pro-government demonstrations.

(B) a no rally-no permit policy.

(D) calibrated response to rallies that have become violent.

(12) The President forged an executive agreement with Vietnam for a year supply of animal feeds to the Philippines not to exceed 40,000 tons. The Association of Animal Feed Sellers of the Philippines questioned the executive agreement for being contrary to R.A. 462 which prohibits the importation of animal feeds from Asian countries. Is the challenge correct?

(A) Yes, the executive agreement is contrary to our existing domestic law.

(B) No, the President is the sole organ of the government in external relations and all his actions as such form part of the law of the land.

(D) Yes, the executive agreement is actually a treaty which does not take effect without ratification by the Senate.

(13) Jose Cruz and 20 others filed a petition with the COMELEC to hold a plebiscite on their petition for initiative to amend the Constitution by shifting to a unicameral parliamentary form of government. Assuming that the petition has been signed by the required number of registered voters, will it prosper?

(A) No, only Congress can exercise the power to amend the Constitution.

(B) Yes, the people can substantially amend the Constitution by direct action.

(D) No, since they seek, not an amendment, but a revision.

(14) The Comelec en banc cannot hear and decide a case at first instance EXCEPT when

(A) a Division refers the case to it for direct action.

(B) the case involves a purely administrative matter.

(D) a related case is pending before the Supreme Court en banc.

(15) Each of the Constitutional Commissions is expressly described as "independent," exemplified by its

(A) immunity from suit.

(B) fiscal autonomy.

(D) collegiality.

(16) There is double jeopardy when the dismissal of the first case is

(A) made at the instance of the accused invoking his right to fair trial.

(B) made upon motion of the accused without objection from the prosecution.

(D) based on the objection of the accused to the prosecution's motion to postpone trial.

(17) The new Commissioner of Immigration, Mr. Suarez, issued an Office Order directing the top immigration officials to tender courtesy resignation to give him a free hand in reorganizing the agency. In compliance, Director Sison of the Administrative Department tendered his resignation in writing which Mr. Suarez immediately accepted. Director Sison went to court, assailing the validity of his courtesy resignation and Mr. Suarez’s acceptance of the same. Will the action prosper?

(A) No, Director Sison tendered his resignation and it was accepted.

(B) No, estoppel precludes Director Sison from disclaiming the resignation he freely tendered.

(D) Yes, Director Sison merely complied with the order of the head of office; the element of clear intention to relinguish office is lacking.

(18) An administrative rule that fixes rates is valid only when the proposed rates are

(A) published and filed with the UP Law Center.

(B) published and hearings are conducted.

(D) published and all stakeholders are personally notified.

(19) The government sought to expropriate a parcel of land belonging to Y. The law provides that, to get immediate possession of the land, the government must deposit the equivalent of the land's zonal value. The government insisted, however, that what apply are the rules of court which require an initial deposit only of the assessed value of the property. Which should prevail on this matter, the law or the rules of court?

(A) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is higher.

(B) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is lower.

(C) The law should prevail since the right to just compensation is a substantive right that Congress has the power to define.

(D) The rules of court should prevail since just compensation is a procedural matter subject to the rule making power of the Supreme Court.

(20) After X, a rape suspect, was apprised of his right to silence and to counsel, he told the investigators that he was waiving his right to have his own counsel or to be provided one. He made his waiver in the presence of a retired Judge who was assigned to assist and explain to him the consequences of such waiver. Is the waiver valid?

(A) No, the waiver was not reduced in writing.

(B) Yes, the mere fact that the lawyer was a retired judge does not cast doubt on his competence and independence.

(D) No, a retired Judge is not a competent and independent counsel.

(21) Governor Paloma was administratively charged with abuse of authority before the Office of the President. Pending hearing, he ran for reelection and won a second term. He then moved to dismiss the charge against him based on this supervening event. Should the motion be granted?

(A) Yes, Governor Paloma's reelection is an expression of the electorate's obedience to his will.

(B) No, Governor Paloma's reelection cannot extinguish his liability for malfeasance in office.

(C) No, Governor Paloma's reelection does not render moot the administrative case already pending when he filed his certificate of candidacy for his reelection bid.

(D) Yes, Governor Paloma's reelection is an expression of the electorate's restored trust.

(22) The decision of the Regional Trial Court on appeals pertaining to inclusions or exclusions from the list of voters

(A) is inappealable.

(B) is subject to an action for annulment.

(D) is appealable to the Commission on Elections.

(23) The equal protection clause allows valid classification of subjects that applies

(A) only to present conditions.

(B) so long as it remains relevant to the government.

(D) for as long as the problem to be corrected exists.

(24) The President wants to appoint A to the vacant post of Associate Justice of the Supreme Court because of his qualifications, competence, honesty, and efficiency. But A’s name is not on the list of nominees that the Judicial and Bar Council (JBC) submitted to the President. What should the President do?

(A) Request the JBC to consider adding A to the list.

(B) Decline to appoint from the list.

(D) Return the list to JBC.

(25) Courts may still decide cases that have otherwise become academic when they involve

(A) the basic interest of people.

(B) petitions for habeas corpus.

(D) Presidential election protests.

(26) The right of the State to prosecute crimes by available evidence must yield to the right of

(A) the accused against self-incrimination.

(B) another State to extradite a fugitive from justice.

(D) the complainant to drop the case against the accused.

(27) A temporary appointee to a public office who becomes a civil service eligible during his tenure

(A) loses his temporary appointment without prejudice to his re-appointment as permanent.

(B) has the right to demand conversion of his appointment to permanent.

(D) retains his temporary appointment.

(28) Upon endorsement from the Senate where it was first mistakenly filed, the House of Representatives Committee on Justice found the verified complaint for impeachment against the President sufficient in form but insufficient in substance. Within the same year, another impeachment suit was filed against the President who questioned the same for being violative of the Constitution. Is the President correct?

(A) No, "initiated" means the Articles of Impeachment have been actually filed with the Senate for trial; this did not yet happen.

(B) No, the first complaint was not deemed initiated because it was originally filed with the Senate.

(C) Yes, the dismissal of the first impeachment proceeding bars the initiation of another during the same term of the President.

(D) Yes, no impeachment proceeding can be filed against the President more than once within a year.

(29) The Solicitor General declines to institute a civil action on behalf of a government agency due to his strained relation with its head, insisting that the agency’s lawyers can file the action. Is the Solicitor General correct?

(A) Yes, when he deems he cannot harmoniously and effectively work with the requesting agency.

(B) No, he must, in choosing whether to prosecute an action, exercise his discretion according to law and the best interest of the State.

(D) No, the Solicitor General's duty to represent the government, its offices and officers is mandatory and absolute.

(30) A department secretary may, with the President's consent, initiate his appearance before the Senate or the House of Representatives which

(A) must seek the concurrence of the other House before acting.

(B) must hold an executive session to hear the department secretary.

(D) must accept such initiated appearance.

(31) The Metro Manila Development Authority (MMDA) passed a rule authorizing traffic enforcers to impound illegally parked vehicles, for the first offense, and confiscate their registration plates for the second. The MMDA issued this rule to implement a law that authorized it to suspend the licenses of drivers who violate traffic rules. Is the MMDA rule valid?

(A) No, since the MMDA does not have rule-making power.

(B) Yes, it is a valid exercise of the power of subordinate legislation.

(D) No, the rule goes beyond the sphere of the law.

(32) Senator Bondoc was charged with murder and detained at the Quezon City Jail. He invoked, in seeking leave from the court to attend the session of the Senate, his immunity from arrest as a Senator. How should the court rule on his motion?

(A) Deny the motion unless the Senate issues a resolution certifying to the urgency of his attendance at its sessions.

(B) Grant the motion provided he posts bail since he is not a flight risk.

(D) Deny the motion since immunity from arrest does not apply to a charge of murder.

(33) X, an administrative officer in the Department of Justice, was charged with grave misconduct and preventively suspended for 90 days pending investigation. Based on the evidence, the Secretary of Justice found X guilty as charged and dismissed him from the service. Pending appeal, X's dismissal was executed. Subsequently, the Civil Service Commission (CSC) reversed the Secretary’s decision and the reversal became final and executory. What is the effect of X's exoneration?

(A) X is entitled to reinstatement and back salaries both during his 90 day preventive suspension and his suspension pending appeal.

(B) X is entitled to reinstatement and back salaries corresponding only to the period of delay caused by those prosecuting the case against him.

(D) X is entitled to reinstatement and back salaries during his suspension pending appeal.

(34) Courts may dismiss a case on ground of mootness when

(A) the case is premature.

(B) petitioner lacks legal standing.

(D) the issue of validity of law was not timely raised.

(35) Alfredo was elected municipal mayor for 3 consecutive terms. During his third term, the municipality became a city. Alfredo ran for city mayor during the next immediately succeeding election. Voltaire sought his disqualification citing the 3 term limit for elective officials. Will Voltaire's action prosper?

(A) No, the 3 term limit should not apply to a person who is running for a new position title.

(B) Yes, the 3 term limit applies regardless of any voluntary or involuntary interruption in the service of the local elective official.

(D) No, the 3 term limit should not apply to a local government unit that has assumed a different corporate existence.

(36) In what scenario is an extensive search of moving vehicles without warrant valid?

(A) The police became suspicious on seeing something on the car’s back seat covered with blanket.

(B) The police suspected an unfenced lot covered by rocks and bushes was planted to marijuana.

(C) The police became suspicious when they saw a car believed to be of the same model used by the killers of a city mayor.

(D) The driver sped away in his car when the police flagged him down at a checkpoint.

(37) Pre-proclamation controversies shall be heard

(A) summarily without need of trial.

(B) through trial by commissioner.

(D) through speedy arbitration.

(38) When the President orders the Chief of the Philippine National Police to suspend the issuance of permits to carry firearms outside the residence, the President exercises

(A) the power of control.

(B) the Commander-in-Chief power.

(D) the calling out power.

(39) Carlos, a foreign national was charged with and convicted of a serious crime in State X and sentenced to life imprisonment. His country applied for relief with the International Court of Justice (ICJ), arguing that State X did not inform Carlos of his right under Article 36 of the Vienna Convention to be accorded legal assistance by his government. State X, as signatory to the Vienna Convention, agreed to ICJ's compulsory jurisdiction over all disputes regarding the interpretation or application of the Vienna Convention. ICJ ruled that State X violated its obligation to provide consular notification to the foreign national's country. ICJ also required State X to review and reconsider the life sentence imposed on the foreign national. State X then wrote the United Nations informing that it was withdrawing from the Optional Protocol on Vienna Convention and was not bound by the ICJ decision. What principle of international law did State X violate?

(A) Pacta Sunt Servanda

(B) Act of State Doctrine

(D) Jus Cogens

(40) An informer told the police that a Toyota Car with plate ABC 134 would deliver an unspecified quantity of ecstacy in Forbes Park, Makati City. The officers whom the police sent to watch the Forbes Park gates saw the described car and flagged it down. When the driver stopped and lowered his window, an officer saw a gun tucked on the driver's waist. The officer asked the driver to step out and he did. When an officer looked inside the car, he saw many tablets strewn on the driver's seat. The driver admitted they were ecstacy. Is the search valid?

(A) No, the rule on warrantless search of moving vehicle does not allow arbitrariness on the part of the police.

(B) Yes, the police officers had the duty to verify the truth of the information they got and pursue it to the end.

(D) No, police officers do not have unbridled discretion to conduct a warrantless search of moving vehicles.

(41) The Commission on Elections is an independent body tasked to enforce all laws relative to the conduct of elections. Hence, it may

(A) conduct two kinds of electoral count: a slow but official count; and a quick but unofficial count.

(B) make an advance and unofficial canvass of election returns through electronic transmission.

(D) authorize the citizens arm to use election returns for unofficial count.

(42)The President may proclaim martial law over a particular province subject to revocation or extension

(A) by Congress,subject to ratification by the Supreme Court.

(B) by the Supreme Court.

(D) by Congress, upon recommendation of the respective Sangguniang Panlalawigan.

(43) During his incumbency, President Carlos shot to death one of his advisers during a heated argument over a game of golf that they were playing. The deceased adviser’s family filed a case of homicide against President Carlos before the city prosecutor’s office. He moved to dismiss the case, invoking presidential immunity from suit. Should the case be dismissed?

(A) Yes, his immunity covers his interactions with his official family, including the deceased adviser.

(B) No, his immunity covers only work-related crimes.

(D) No, his immunity does not cover crimes involving moral turpitude.

(44) The School Principal of Ramon Magsaysay High School designated Maria, her daughter, as public school teacher in her school. The designation was assailed on ground of nepotism. Is such designation valid?

(A) No, because the law prohibits relatives from working within the same government unit.

(B) Yes, because Maria’s position does not fall within the prohibition.

(D) No, because Maria is related to the supervising authority within the prohibited degree of consanguinity.

(45) The President's appointment of an acting secretary although Congress is in session is

(A) voidable.

(B) valid.

(D) unenforceable.

(46) Congress passed a bill appropriating P50 million in assistance to locally based television stations subject to the condition that the amount would be available only in places where commercial national television stations do not operate. The President approved the appropriation but vetoed the condition. Was the veto valid?

(A) Yes, since the vetoed condition may be separated from the item.

(B) Yes, the President's veto power is absolute.

(D) No, since the approval of the item carried with it the approval of the condition attached to it.

(47) In the exercise of its power of legislative inquiries and oversight functions, the House of Representatives or the Senate may only ask questions

(A) that the official called is willing to answer.

(B) that are relevant to the proposed legislation.

(D) material to the subject of inquiry.

(48) An ordinance prohibits "notorious street gang members" from loitering in public places. The police are to disperse them or, if they refuse, place them under arrest. The ordinance enumerates which police officers can make arrest and defines street gangs, membership in them, and public areas. The ordinance was challenged for being vague regarding the meaning of "notorious street gang members." Is the ordinance valid?

(A) No, it leaves the public uncertain as to what conduct it prohibits.

(B) No, since it discriminates between loitering in public places and loitering in private places.

(D) Yes, it is sufficiently clear for the public to know what acts it prohibits.

(49) The people may approve or reject a proposal to allow foreign investors to own lands in the Philippines through an electoral process called

(A) referendum.

(B) plebiscite.

(D) certification.

(50) Where a candidate for the Senate stated in his certificate of candidacy that he is single, when he is very much married, though separated, his certificate of candidacy

(A) may be canceled.

(B) will subject him to a quo warranto action.

(D) may be denied due course.

(51) A candidate who commits vote buying on Election Day itself shall be prosecuted by the

(A) COMELEC.

(B) Secretary of Justice.

(D) City or Provincial Prosecutor.

(52) A law authorized the Secretary of Agriculture to require the quarantine of animals that suffer from dangerous communicable diseases at such place and for such time he deems necessary to prevent their spread. The Secretary of Agriculture issued a regulation, imposing a penalty of imprisonment for 10 days on persons transporting quarantined animals without his permission. The regulation is

(A) a valid exercise of the power of subordinate legislation.

(B) invalid for being ultra vires.

(D) invalid for being discriminatory.

(53) Small-scale utilization of natural resources by Filipino citizens may be allowed by

(A) Congress.

(B) either the Senate or the House of Representatives.

(D) the President with the consent of Congress.

(54) When the Civil Service Commission (CSC) approves the appointment of the Executive Director of the Land Transportation Franchising and Regulatory Board who possesses all the prescribed qualifications, the CSC performs

(A) a discretionary duty.

(B) a mix discretionary and ministerial duty.

(D) a rule-making duty.

(55) Xian and Yani ran for Congressman in the same district. During the canvassing, Yani objected to several returns which he said were tampered with. The board of canvassers did not entertain Yani's objections for lack of authority to do so. Yani questions the law prohibiting the filing of pre-proclamation cases involving the election of Congressmen since the Constitution grants COMELEC jurisdiction over all pre-proclamation cases, without distinction. Is Yani correct?

(A) Yes, the Constitution grants jurisdiction to COMELEC on all pre-proclamation cases, without exception.

(B) No, COMELEC’s jurisdiction over pre-proclamation cases pertains only to elections for regional, provincial, and city officials.

(C) No, COMELEC’s jurisdiction over pre-proclamation cases does not include those that must be brought directly to the courts.

(D) Yes, any conflict between the law and the Constitution relative to COMELEC's jurisdiction must be resolved in favor of the Constitution.

(56) When the Supreme Court nullified the decisions of the military tribunal for lack of jurisdiction, it excluded from their coverage decisions of acquittal where the defendants were deemed to have acquired a vested right. In so doing, the Supreme Court applied

(A) the operative fact doctrine.

(B) the rule against double jeopardy.

(D) the orthodox doctrine.

(57) Accused X pleaded not guilty to the charge of homicide against him. Since he was admitted to bail, they sent him notices to attend the hearings of his case. But he did not show up, despite notice, in four successive hearings without offering any justification. The prosecution moved to present evidence in absentia but the court denied the motion on the ground that the accused has a right to be present at his trial. Is the court correct?

(A) No, the court is mandated to hold trial in absentia when the accused had been arraigned, had notice, and his absence was unjustified.

(B) Yes, it remains discretionary on the court whether to conduct trial in absentia even if the accused had been arraigned and had notice and did not justify his absence.

(C) Yes, it is within the court's discretion to determine how many postponements it will grant the accused before trying him in absentia.

(D) No, the court may reject trial in absentia only on grounds of fraud, accident, mistake, or excusable negligence.

(58) Following COMELEC Chairman Bocay's conviction for acts of corruption in the impeachment proceedings, he was indicted for plunder before the Sandiganbayan and found guilty, as charged. Can he get Presidential pardon on the plunder case?

(A) No, plunder is not a pardonable offense.

(B) No, conviction in a criminal case for the same acts charged in the impeachment proceedings is not pardonable.

(C) Yes, convictions in two different fora for the same acts, are too harsh that they are not beyond the reach of the President’s pardoning power.

(D) Yes, conviction in court in a criminal action is subject to the President's pardoning power.

(59) A private person constituted by the court as custodian of property attached to secure a debt sought to be recovered in a civil proceeding is

(A) a private sheriff.

(B) a public officer.

(D) an agent of the party to whom the property will ultimately be awarded.

(60) The COMELEC en banc shall decide a motion for reconsideration of

(A) the House or Representatives and the Senate electoral tribunals.

(B) the decision of the election registrar.

(D) its own decision involving an election protest.

(61) Adela served as Mayor of Kasim for 2 consecutive terms. On her third term, COMELEC ousted her in an election protest that Gudi, her opponent, filed against her. Two years later, Gudi faced recall proceedings and Adela ran in the recall election against him. Adela won and served as Mayor for Gudi's remaining term. Can Adela run again for Mayor in the next succeeding election without violating the 3 term limit?

(A) No, she won the regular mayoralty election for two consecutive terms and the recall election constitutes her third term.

(B) A. No, she already won the mayoralty election for 3 consecutive terms.

(D) Yes, the fresh mandate given her during the recall election erased her disqualification for a third term.

(62) A child born in the United States to a Filipino mother and an American father is

(A) a Filipino citizen by election.

(B) a repatriated Filipino citizen.

(D) a natural born Filipino citizen.

(63) Involuntary servitude may be required as

(A) part of rehabilitation of one duly charged with a crime.

(B) substitute penalty for one who has been duly tried for a crime.

(D) condition precedent to one's valid arraignment.

(64) Van sought to disqualify Manresa as congresswoman of the third district of Manila on the ground that the latter is a greencard holder. By the time the case was decided against Manresa, she had already served her full term as congresswoman. What was Manresa's status during her incumbency as congresswoman?

(A) She was a de jure officer, having been duly elected.

(B) She was not a public officer because she had no valid existing public office.

(D) She was a de facto officer since she was elected, served, and her disqualification only came later.

(65) Whose appointment is NOT subject to confirmation by the Commission on Appointments?

(A) Chairman of the Civil Service Commission

(B) Chief Justice of the Supreme Court

(D) Executive Secretary

(66) The system of checks and balances operates when

(A) the President nullifies a conviction in a criminal case by pardoning the offender.

(B) Congress increases the budget proposal of the President.

(D) Congress expands the appellate jurisdiction of the Supreme Court, as defined by the Constitution.

(67) The price of staple goods like rice may be regulated for the protection of the consuming public through the exercise of

(A) power of subordinate legislation.

(B) emergency power.

(D) residual power.

(68) Associate Justice A retires from the Supreme Court 90 days before the forthcoming Presidential election. May the incumbent President still appoint Justice A's successor?

(A) No, it will violate the Constitutional prohibition against midnight appointments.

(B) Yes, vacancies in the Supreme Court should be filled within 90 days from occurrence of the vacancy.

(C) Yes, vacancies in the Supreme Court should be filled within 90 days from submission of JBC nominees to the President.

(D) No, the incumbent President must yield to the choice of the next President

(69) The President may set a limit on the country's import quota in the exercise of his

(A) delegated power.

(B) concurring power.

(D) inherent power.

(70) Amor sued for annulment of a deed of sale of Lot 1. While the case was ongoing, Baltazar, an interested buyer, got a Certification from Atty. Crispin, the Clerk of Court, that Lot 1 was not involved in any pending case before the court. Acting on the certification, the Register of Deeds canceled the notice of lis pendens annotated on Lot 1’s title. Amor filed a damage suit against Atty. Crispin but the latter invoked good faith and immunity from suit for acts relating to his official duty, claiming he was not yet the Clerk of Court when Amor filed his action. Decide.

(A) Atty. Crispin is immune from suit since he enjoys the presumption of regularity of performance of public duty.

(B) Atty. Crispin's defense is invalid since he issued his certification recklessly without checking the facts.

(D) As Clerk of Court, Atty. Crispin enjoys absolute immunity from suit for acts relating to his work.

(71) The Housing and Land Use Regulatory Board (HLURB) found Atlantic Homes, Inc. liable in damages arising from its delayed release of the title to the house and lot that it sold to Josephine. Atlantic appealed to the Office of the President which rendered a one page decision, affirming the attached HLURB judgment. Atlantic challenges the validity of the decision of the Office of the President for not stating the facts and the law on which it is based. Is the challenge correct?

(A) No, the Office of the President is governed by its own rules respecting review of cases appealed to it.

(B) Yes, the decision of the Office of the President must contain its own crafted factual findings and legal conclusions.

(C) Yes, administrative due process demands that the Office of the President make findings and conclusions independent of its subordinate.

(D) No, the Office of the President is not precluded from adopting the factual findings and legal conclusions contained in the HLURB decision.

(72) A collision occurred involving a passenger jeepney driven by Leonardo, a cargo truck driven by Joseph, and a dump truck driven by Lauro but owned by the City of Cebu. Lauro was on his way to get a load of sand for the repair of the road along Fuente Street, Cebu City. As a result of the collision, 3 passengers of the jeepney died. Their families filed a complaint for damages against Joseph who in turn filed a third party complaint against the City of Cebu and Lauro. Is the City of Cebu liable for the tort committed by its employee?

(A) The City of Cebu is not liable because its employee was engaged in the discharge of a governmental function.

(B) The City of Cebu is liable for the tort committed by its employee while in the discharge of a non-governmental function.

(D) The City of Cebu is not liable as a consequence of its non-suitability.

(73) During promulgation of sentence, the presence of the accused is mandatory but he may appear by counsel or representative when

(A) he is charged with a light offense.

(B) he was able to cross-examine the prosecution’s witnesses.

(D) he is convicted of a bailable offense.

(74) An information for murder was filed against X. After examining the case records forwarded to him by the prosecution, the trial judge granted bail to X based on the prosecution's manifestation that it was not objecting to the grant of bail. Is the trial judge correct?

(A) Yes, the trial judge may evaluate the strength or weakness of the evidence based on the case records forwarded to him.

(B) No, the trial judge should have held a hearing to ascertain the quality of the evidence of guilt that the prosecution had against X.

(D) Yes, the trial judge may reasonably rely on the prosecution's manifestation that he had no objection to the grant of bail.

(75) The President CANNOT call out the military

(A) to enforce customs laws.

(B) to secure shopping malls against terrorists.

(D) to raid a suspected haven of lawless elements.

(76) Mass media in the Philippines may be owned and managed by

(A) corporations wholly owned and managed by Filipinos.

(B) corporations 60% owned by Filipinos.

(D) corporations 60% owned and managed by Filipinos.

(77) Procedural due process in administrative proceedings

(A) requires the tribunal to consider the evidence presented.

(B) allows the losing party to file a motion for reconsideration.

(D) permits the parties to file memoranda.

(78) The Constitution prohibits cruel and inhuman punishments which involve

(A) torture or lingering suffering.

(B) primitive and gross penalties.

(D) degrading and queer penalties.

(79) Judge Lloyd was charged with serious misconduct before the Supreme Court. The Court found him guilty and ordered him dismissed. Believing that the decision was not immediately executory, he decided a case that had been submitted for resolution. The decision became final and executory. But the losing party filed a certiorari action with the Court of Appeals seeking to annul the writ of execution issued in the case and bar Judge Lloyd from further acting as judge. Can the relief against Judge Lloyd be granted?

(A) No, Judge Lloyd's right to stay as judge may be challenged only by direct proceeding, not collaterally.

(B) Yes, the action against Judge Lloyd may be consolidated with the case before the Court of Appeals and decided by it.

(D) No, the losing party has no standing to challenge Judge Lloyd's right to stay as judge.

(80) Executive Secretary Chua issued an order prohibiting the holding of rallies along Mendiola because it hampers the traffic flow to Malacanang. A group of militants questioned the order for being unconstitutional and filed a case against Secretary Chua to restrain him from enforcing the order. Secretary Chua raised state immunity from suit claiming that the state cannot be sued without its consent. Is the claim correct?

(A) No, public officers may be sued to restrain him from enforcing an act claimed to be unconstitutional.

(B) Yes, the order was not a proprietary act of the government.

(D) Yes, Secretary Chua cannot be sued for acts done in pursuance to his public office.

(81) Anton was the duly elected Mayor of Tunawi in the local elections of 2004. He got 51% of all the votes cast. Fourteen months later, Victoria, who also ran for mayor, filed with the Local Election Registrar, a petition for recall against Anton. The COMELEC approved the petition and set a date for its signing by other qualified voters in order to garner at least 25% of the total number of Bar Examination Questionnaire for Political Law Set A registered voters or total number of those who actually voted during the local election in 2005, whichever is lower. Anton attacked the COMELEC resolution for being invalid. Do you agree with Anton?

(A) No, the petition, though initiated by just one person, may be ratified by at least 25% of the total number of registered voters.

(B) No, the petition, though initiated by just one person may be ratified by at least 25% of those who actually voted during the 2004 local elections.

(C) Yes, the petition should be initiated by at least 25% of the total number of registered voters who actually voted during the 2004 local elections.

(D) Yes,the petition should be initiated by at least 25% of the total number of registered voters of Tunawi.

(82) Using the description of the supplier of shabu given by persons who had been arrested earlier for selling it, the police conducted a surveillance of the area indicated. When they saw a man who fitted the description walking from the apartment to his car, they approached and frisked him and he did not object. The search yielded an unlicensed gun tucked on his waist and shabu in his car. Is the search valid?

(A) No, the man did not manifest any suspicious behavior that would give the police sufficient reason to search him.

(B) Yes, the police acted on reliable information which proved correct when they searched the man and his car.

(C) Yes, the man should be deemed to have waived his right to challenge the search when he failed to object to the frisking.

(D) No, reliable information alone, absent any proof beyond reasonable doubt that the man was actually committing an offense, will not validate the search.

(83) A law interfering with the rights of the person meets the requirements of substantive due process when

(A) the means employed is not against public policy.

(B) it is in accord with the prescribed manner of enforcement as to time, place, and person.

(D) the interest of the general public, as distinguished from those of a particular case, requires such interference.

(84) A judge of the Regional Trial Court derives his powers and duties from

(A) statute.

(B) the President, the appointing power.

(D) the rules of court.

(85) When an elective official's preventive suspension will result in depriving his constituents of his services or representation, the court may

(A) require the investigating body to expedite the investigation.

(B) hold in abeyance the period of such suspension.

(D) shorten the period of such suspension.

(86) When the State requires private cemeteries to reserve 10% of their lots for burial of the poor, it exercises its

(A) eminent domain power.

(B) zoning power.

(D) taxing power.

(87) In the valid exercise of management prerogative consistent with the company's right to protect its economic interest, it may prohibit its employees from

(A) joining rallies during their work shift.

(B) marrying employees of competitor companies.

(D) patronizing the product of competitor companies.

(88) The President issued an executive order directing all department heads to secure his consent before agreeing to appear during question hour before Congress on matters pertaining to their departments. Is the executive order unconstitutional for suppressing information of public concern?

(A) No, because those department heads are his alter egos and he is but exercising his right against self-incrimination.

(B) Yes, the President cannot control the initiative of the department heads to conform with the oversight function of Congress.

(C) Yes, the President cannot withhold consent to the initiative of his department heads as it will violate the principle of check and balance.

(D) No, the President has the power to withhold consent to appearance by his department heads during question hour.

(89) When the President contracted a personal loan during his incumbency, he may be sued for sum of money

(A) during his term of office.

(B) during his tenure of office.

(D) after his tenure of office.

(90) The Senate Blue Ribbon Committee summoned X, a former department secretary, to shed light on his alleged illicit acquisition of properties claimed by the Presidential Commission on Good Government. X sought to restrain the Committee from proceeding with its investigation because of a pending criminal case against him before the Sandiganbayan for ill-gotten wealth involving the same properties. Decide. The investigation may

(A) not be restrained on ground of separation of powers.

(B) be restrained on ground of prejudicial question.

(D) be restrained for being sub judice.

(91) A government that actually exercises power and control as opposed to the true and lawful government is in terms of legitimacy

(A) a government of force.

(B) an interim government.

(D) an illegitimate government.

(92) The Special Committee on Naturalization is headed by

(A) the Secretary of Justice.

(B) the Secretary of Foreign Affairs.

(D) the Solicitor General.

(93) The President issued Proclamation 9517 declaring a state of emergency and calling the armed forces to immediately carry out necessary measures to suppress terrorism and lawless violence. In the same proclamation, he directed the government's temporary takeover of the operations of all privately owned communication utilities, prescribing reasonable terms for the takeover. Is the takeover valid?

(A) Yes, it is an implied power flowing from the President's exercise of emergency power.

(B) No, it is a power reserved for Congress alone.

(D) No, it is a power exclusively reserved for the People's direct action.

(94) A candidate for Senator must be at least 35 years old on

(A) the day he is duly proclaimed.

(B) the day the election is held.

(D) the day he takes his oath of office.

(95) The Office of the Special Prosecutor may file an information against a public officer for graft

(A) on its own initiative subject to withdrawal of the information by the Ombudsman.

(B) independently of the Ombudsman, except in plunder cases.

(D) independently of the Ombudsman.

(96) Since the Constitution is silent as to who can appoint the Chairman of the Commission on Human Rights, the President appointed W to that position without submitting his appointment to the Commission on Appointments for confirmation. Is W’s appointment by the President valid?

(A) No, since the position of Chairman of the Commission was created by statute, the appointment of its holder requires the consent of Congress.

(B) Yes, since the power to appoint in the government, if not lodged elsewhere, belongs to the President as Chief Executive.

(C) Yes, since the power to fill up all government positions mentioned in the Constitution has been lodged in the President.

(D) No, because absent any express authority under the Constitution, the power to appoint does not exist.

(97) The Chief Justice appointed X, the President’s sister, as Assistant Court Administrator in the Supreme Court during the President's tenure. Claiming that the Constitution prohibits the appointment in government of a President’s relative, a taxpayer asks for its nullification. Will the challenge prosper?

(A) Yes, since the appointment essentially violates the law against nepotism.

(B) Yes, because relatives of the President within the fourth civil degree cannot be appointed as heads of offices in any department of government.

(D) No, the position to which X was appointed is not among those prohibited under the Constitution.

(98)May an incumbent Justice of the Supreme Court be disbarred as a lawyer?

(A) No, it will amount to removal.

(B) No, his membership in the bar is secure.

(D) Yes, by Congress in joint session.

(99) Mayor Lucia of Casidsid filed her certificate of candidacy for congresswoman of the district covering Casidsid. Still, she continued to act as mayor of Casidsid without collecting her salaries as such. When she lost the election and a new mayor assumed office, she filed an action to collect the salaries she did not get while serving as mayor even when she ran for congresswoman. Is her action correct?

(A) No, salaries can be waived and she waived them.

(B) No, because her acts as de facto officer are void insofar as she is concerned.

(D) A. Yes, it is but just that she be paid for the service she rendered.

(100) X, a Filipino and Y, an American, both teach at the International Institute in Manila. The institute gave X a salary rate of P1,000 per hour and Y, P1,250 per hour plus housing, transportation, shipping costs, and leave travel allowance. The school cited the dislocation factor and limited tenure of Y to justify his high salary rate and additional benefits. The same package was given to the other foreign teachers. The Filipino teachers assailed such differential treatment, claiming it is discriminatory and violates the equal protection clause. Decide.

(A) The classification is based on superficial differences.

(B) The classification undermines the "Filipino First" policy.

(D) The distinction is substantial and uniformly applied to each class.