Some MCQ Questions from Atty.

Elmans Pre-Bar 2011 PPT

1. Where should SSS workers bring their labor grievances? 1. Public Sector Labor Management Council 2. National Labor Relations Commission 3. National Conciliation and Mediation Board 4. Civil Service Commission Who is not part of the non-competitive Civil Service? a. Employees of the Boy Scout of the Philippines b. A person whose close intimacy to the appointing power assures freedom of intercourse without fear c. A person who lays down principal or fundamental guidelines d. Chief of Staff of Congress A law is passed fixing the term of office of local elective officials, other than barangay elective officials, to six years. Is it constitutional? a. Yes, because Congress is authorized to do so. b. Yes, because the terms of office of local elective officials are fixed by law. c. No, because the terms of office of local elective officials, save for barangay officials, are fixed by the Constitution to three-year term only. d. No, because only the term of office of barangay officials can be changed by law. Mr. X was appointed as DOTC Secretary by the President. Immediately, Mr. X assumed office. He possesses all the qualifications of a Department Secretary. If the President dies today, what happens to the appointment of X? a. X needs to step down since his tenure of office ends. b. X shall tender his resignation and shall hold office until his resignation is accepted. c. X shall continue to hold office until his replacement is appointed. d. X has tenure of office and may be removed only for a valid reason. X was convicted by final judgment of a crime involving moral turpitude and has not served his sentence because he was granted probation. Is he disqualified to run for local elective post? a. No, because it violates his right to suffrage. b. Yes, because conviction by final judgment of a crime involving moral turpitude is expressly provided by law as a ground for disqualification. c. No, because the grant of probation suspends the execution of the sentence. d. Yes, because suffrage is a mere privilege that can be withdrawn. The remedy for a person who is disqualified to run for public office by reason of dual citizenship under RA 9225 is to: a. file his certificate of candidacy. b. resign the public position he is holding in the foreign country. c. expressly renounce the foreign citizenship. d. surrender greencard to the issuing foreign country one year immediately preceding the election. The remedy for Filipino immigrants to remove disqualification to run for public office is to: a. expressly renounce the foreign citizenship. b. resign the public position he is holding in the foreign country. c. file certificate of candidacy. d. surrender greencard to the issuing foreign country 8.

one year immediately preceding the election.

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Aboy, City Engineer of Tagum City, recommends the appointment of his first cousin Jose as Cashier. Does Aboy have such authority? a. No, because Aboy is not the appointing authority. b. Yes, because Jose is not a relative within the third degree. c. Yes, because Aboy can choose his staff. d. No, because Jose is a relative within the fourth degree. Which of the following is not correct? a. A regular appointment is one made by the President when Congress is in session; b. One who is appointed by the President when Congress is in session may assume office immediately; c. A regular appointment shall not take effect immediately; d. Ad-interim appointments and regular appointments require confirmation by the Commission on Appointments.

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10. The basic distinction between a regular & an ad interim appointment is a. Regular appointment is made when Congress is in session, while ad interim appointment is extended when Congress is not in session. b. Regular appointment does not require nomination which is required in ad interim appointment. c. Neither of the appointments needs confirmation before the appointee may assume his position. d. Appointee in regular appointment immediately assumes the duties of his office without waiting for confirmation. 11. Which appointment of the President may not be valid? a. Congressman Pacman as Commissioner of Customs. b. Retired Army General Palparan as Bureau of Prisons Director. c. Mr. Bimbi, a nephew of the Presidents sister, as Chairman of the PCSO. d. Senator Miriam, as Supreme Court Justice. 12. Which of the following statements is CORRECT? a. An ad interim appointment is a temporary appointment. b. Primarily confidential employees do not enjoy security of tenure. c. A non-career civil servant is exempt from competitive examinations. d. An appointment in an acting capacity may be confirmed by the Commission on Appointments. 13. Is cronyism a legal ground for the impeachment of the President? a. No, because it is not an impeachable offense. b. Yes, because it refers to violation of the Presidents oath of office. c. No, because it is not one among those grounds enumerated by the Constitution for impeachment. d. Yes, because under Sec. 2, Art. Xl of the Constitution, betrayal of public trust is one of the grounds for impeachment under which cronyism falls. 14. Which statement is not correct? a. An indefinite preventive suspension is not allowed as it constitutes denial of due process. b. Preventive suspension may arise as an incident in a criminal or administrative case. c. One who had been placed under preventive

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suspension may be pardoned by the President. Preventive suspension is a precautionary measure to ensure impartiality in conduct of proceedings.

15. A mayor was charged with graft under RA 3029. He was preventively suspended. As a result of his death, the case was dismissed. His heirs tried to collect his salary during his suspension. Can they collect? a. Yes, because the case was dismissed, virtually exonerating the mayor. b. Yes, because the mayor was not found guilty. c. No, because the dismissal of the case due to the mayors death does not amount to acquittal. d. No, because the mayor has not been proved innocent to the charge. 16. During their break period, several DA employees engaged in concerted action demanding a hike in their allowances. An administrative complaint was filed vs. them for such mass action. Are they liable? a. They are administratively liable for participation in a prohibited mass activity. b. They are not administratively liable because the action was done during their break period. c. They are administratively liable because they cannot negotiate for terms and conditions of employment. d. They are not administratively liable as they simply exercised their right to peaceably assemble & petition for redress of grievances. 17. Assuming that CSC denied the teachers petition, they formed a union & thereafter staged a strike to voice out their claims. Was their action valid? a. Yes, because the right to form associations includes therein the right to strike. b. Yes, because the right to strike is part of speech and expression, or the right to assemble. c. No. Although government personnel have the right to form unions, they do not have the right to strike, as such right must be exercised in accordance with law. d. No, because teachers must be the models and exemplars in the community. 18. The President issued an executive order directing that no member of the PCGG may testify or produce evidence in any judicial, legislative or administrative proceedings w/in its official cognizance. Is the executive order valid? a. Yes. It is prerogative of President to have full control & supervision of all PCGG personnel. b. Yes. This conforms w/principle of separation of powers. c. No, it is contrary to principle of checks and balance. d. No, it is not consistent w/ due process clause. 19. The doctrine of executive privilege is unavailing when it is invoked by: a. The Exec. Secretary to resist a subpoena of the House Committee on National Defense for a copy of full text of 2010 RP-US Enhanced Mutual Defense Pact under negotiation; b. The Exec. Secretary to prevent the MDA Chair from attending hearings of Senate Comm. on Public Works for lack of Presidents consent; c. The Commissioner of BIR to resist a subpoena of RTC Manila to submit names of BIR informants in connection with a tax evasion case pending before it. d. The DND Secretary to refuse to answer the question whether the President followed up on a contract to acquire second hand helicopters from Taiwan.

20. In pursuit of its housing program, D.C. seeks to expropriate the land owned by Dy. Dy questions why D.C. is not using the government-owned idle land in the city center. Is Dy right? a. No, D.C. has discretion to determine how to exercise its power of eminent domain as long as there is just compensation for the land taken. b. No, D.C. cannot be dictated by the courts as to propriety of its choice of land when there is clearly an avowed public purpose. c. Yes, socialized housing does not serve public purpose especially when it is only 5 hectares. d. Yes, private lands can be expropriated for urban housing only as a last resort unless on-site devpt is found more advantageous for beneficiaries.