MCQs in POLITICAL LAW Prepared by Atty. Hilario Justino F. Morales, SLU School of Law 1.

Administrative Law Before a party can in a detainer suit can invoke the jurisdiction of the courts of justice, he must first comply with Section 412 of the Local Government Code on the need for prior barangay conciliation proceedings. This is known as the doctrine of A. Exhaustion of Administrative Remedies B. Preliminary Jurisdiction C. Finality of Administrative Action D. Finality of Judgment 02. When Courts cannot arrogate itself the authority to resolve a controversy the jurisdiction of which is initially lodged with an administrative body of special competence. This is known as the principle of A. Exhaustion of Administrative Remedies. B. Preliminary Jurisdiction. C. Finality of Administrative Action. D. Finality of Judgment. Before resort to courts are allowed, administrative action has to be completed so that nothing is left to be done in the administrative structure. This is the doctrine of A. Exhaustion of Administrative Remedies. B. Preliminary Jurisdiction. C. Finality of Administrative Action. D. Finality of Judgment. The effect of the plaintiffs failure to avail of administrative remedies when so required by law is that A. the case is vulnerable to dismissal. B. the judicial proceedings shall be suspended. C. the plaintiff shall be declared in default. D. the plaintiff may be cited in contempt.

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The effect of the plaintiffs failure to avail of preliminary resort A. the case is vulnerable to dismissal. B. the judicial proceedings shall be suspended. C. the plaintiff shall be declared in default. D. the plaintiff may be cited in contempt.

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An action of claims for damages does not require exhaustion of administrative remedies because A. the case involves the doctrine of qualified political agency. B. the issue raised involves a purely legal question. C. there is a violation of due process. D. public policy is involved. Due process in the exercise of an administrative agencys quasilegislative power requires A. publication of the promulgated rules and regulations. B. compliance with the requirement of notice and hearing. C. right to formal investigation. D. right to assistance of counsel. Due process in the exercise of an administrative bodys quasi-judicial power requires A. publication of the promulgated rules and regulations. B. compliance with the requirements of notice and hearing. C. full and actual adversarial proceedings. D. all of the above.

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09. A trial-type proceeding in administrative cases becomes mandatory if A. the case involves adjudicative facts at issue. B. the testimony of a witness is vague and requires clarificatory questions. C. the rules of procedure so provides. D. all of the above. 10. The Acting DOLE Secretary ordered BTC Inc. to include the commission paid its sales representatives in the computation of the 13th month pay due them in accordance with the published Revised Guidelines on the Implementation of the 13th Month Pay Law. BTC Inc. questioned the validity of the order contending that the concept of basic salary as defined in PD 851 is the rate of pay for the standard work period exclusive of additional payments as bonuses and overtime. Is the DOLE Guidelines valid? A. it is not because it amended the law. B. it is because it is duly published. C. it is because it is reasonable and within the purview of the law. D. it is not because there was no notice served and hearing conducted by the DOLE.

Public Corporation
01. A corporation formed and organized for the government of a portion of the State A. de facto municipal corporation B. public corporation C. quasi-public corporation D. quasi-corporation 02. A corporation that exists in fact but not in point of law due to certain defects in its creation A. de facto municipal corporation B. public corporation C. quasi-public corporation D. quasi-corporation 03. An enabling law establishing an autonomous region A. charter B. organic act C. ordinance D. executive order 04. Share of a local government unit in the proceeds of real property taxes A. Special Education Fund B. Priority Development Assistance Fund C. Internal Revenue Allotment D. Countryside Development Fund 05. Share of local government units from the proceeds of national taxes A. Special Education Fund B. Priority Development Assistance Fund C. Internal Revenue Allotment D. Countryside Development Fund 06. Substantial requirement in the creation of a barangay A. population B. income and land area C. population, income & land area D. income & population 07. Substantial requirement in the creation of a highly urbanized city A. population B. income and land area C. population, income & land area D. income & population

08. Substantial requirement in the creation of a municipality A. population B. income and land area C. population, income & land area D. income & population 09. Grant of powers by the State to the autonomous regions A. political decentralization B. administrative decentralization C. local autonomy D. debureaucratization 10. Transfer of powers, authority, responsibilities and resources to barangays, municipalities, cities and provinces A. political decentralization B. administrative decentralization C. local autonomy D. debureaucratization 11. Decentralization of powers of the national government by sharing the same to local government units A. political decentralization B. administrative decentralization C. local autonomy D. debureaucratization 12. Power to oversee whether local government units are performing their duties in accordance with law A. eminent domain B. control C. general supervision D . police power 13. Power to create and abolish local government units (see no. 42) A. eminent domain B. control C. general supervision D. police power 14. Power to expropriate private property (see no. 42) A. eminent domain B. control C. general supervision D. police power

15. Power to enact ordinances for general welfare A. eminent domain B. control C. general supervision D. police power 16. The required residence qualification must be possessed by a local government official A. on the day of the election B. one year immediately preceding the election C. since birth D. before proclamation

17. The required age qualification must be possessed by a local government official A. on the day of the election B. one year immediately preceding the election C. since birth D. before proclamation 18. To be qualified, a local government official must be A. natural-born Filipino citizen B. naturalized Filipino citizen C. either of the above D. both of the above 19. A municipal councilor must be A. 18 years old immediately preceding the election B. 18 years old on the day of election C. at least 18 years old immediately preceding the election D. at least 18 years old on the day of election 20. Greencard holders are disqualified to run for elective positions because of A. dual allegiance B. dual citizenship C. lack of residency D. lack of Filipino citizenship 21. A ground for disqualification under the Local Government Code where a naturalized Filipino citizen remains loyal to his country of origin A. dual allegiance B. dual citizenship C. lack of residency D. lack of Filipino citizenship

22. Represents LGU in case of litigation against another LGU A. private lawyer B. legal officer C. public prosecutor D. solicitor general 23. Primary counsel of LGU in cases against a private person or entity A. private lawyer B. legal officer C. public prosecutor D. solicitor general 24. A mode of filling up a permanent vacancy in the position of municipal mayor A. succession B. appointment C. special election D. recall election 25. Appointing authority to permanent vacancy in sanggunian barangay A. mayor B. Governor C. DILG Secretary D. President 26. Appointee to a permanent vacancy caused by an independent sanggunian bayan member A. one who belongs to a political party B. one recommended by the sanggunian bayan C. one who is an independent candidate D. anybody of the above 27. Temporary presiding officer of Sangguniang Panlalawigan A. Governor B. Vice Governor C. highest ranking Sangguniang Panlalawigan Member D. one chosen from among sanggunian members 28. Successor to the vice governor in case of permanent vacancy (see no. 57) A. Governor B. Vice Governor C. highest ranking Sangguniang Panlalawigan Member D. one chosen from among sanggunian members

29. Proper authority in the province to enter into contracts for and in behalf of the LGU A. Governor B. Vice Governor C. highest ranking Sangguniang Panlalawigan Member D. one chosen from among sanggunian members 30. Proper appointing authority for Sangguniang Panlalawigan employees A. Governor B. Vice Governor C. highest ranking Sangguniang Panlalawigan Member D. one chosen from among sanggunian members 31 Removal of local elective officials by the people before expiration of term A. recall election B. the people directly thru signature vote C. preparatory recall assembly D. verification by the COMELEC 32. Initial step in recall proceedings of local government officials A. recall election B. the people directly thru signature vote C. preparatory recall assembly D. verification by the COMELEC A mode of accountability whereby the voters may approve, amend or reject any enacted ordinance by the Sanggunian A. referendum B. initiative C. plebiscite D. recall

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34. A legal process whereby the registered voters of a local government unit may directly propose, enact or amend any ordinance. A. referendum B. initiative C. plebiscite D. recall 35. The revenues raised thru local taxation shall be for A. public purpose B. public welfare C. public use D. for the benefit of the poor and the landless

36. The property taken by an LGU in the exercise of its power of eminent domain shall be for A. public purpose and public use B. public welfare C. for the benefit of the poor and the landless D. all of them 37. A term which refers to the required number of sanggunian members so they can transact official business A. quorum B. simple majority vote C. 2/3 majority vote D. unanimous vote 38. Sanggunian vote required to override LCEs veto over ordinances A. majority vote B. simple majority vote C. 2/3 majority vote D. unanimous vote 39. Sanggunian vote required to close permanently public roads A. majority vote B. simple majority vote C. 2/3 majority vote D. unanimous vote 40. Sanggunian vote required to change the name of public structures with historical, cultural and ethnic significance. A. quorum B. simple majority vote C. 2/3 majority vote D. unanimous vote

41. The number greater than half, or more than half of any total. A. quorum B. simple majority vote C. 2/3 majority vote D. unanimous vote 42. The nature of the approval by the local chief executive of an ordinance A. discretionary B. ministerial C. either discretionary or ministerial D. both discretionary & ministerial

43. exercises original jurisdiction over boundary disputes involving a municipality and an independent component city A. Regional Trial Court B. Sanggunian Panlalawigan concerned C. joint Sanggunian Panlalawigan concerned D. Department of Interior and Local Government 44. Exercises original jurisdiction over boundary disputes involving two municipalities of the same province A. Department of Interior and Local Government B. Sanggunian Panlalawigan concerned C. joint Sanggunian Panlalawigan concerned D. joint Sangguniang Bayan concerned 45. Exercises original jurisdiction over boundary disputes involving two municipalities of different provinces A. Department of Interior and Local Government B. Sanggunian Panlalawigan concerned C. joint Sanggunian Panlalawigan concerned D. joint Sangguniang Bayan concerned 46. Exercises appellate jurisdiction over boundary disputes among LGUs A. Regional Trial Court B. Sanggunian Panlalawigan concerned C. joint Sanggunian Panlalawigan concerned D. Department of Interior and Local Government 47. exercises original jurisdiction in expropriation proceedings A. Regional Trial Court B. Municipal Trial Court C. Board of Commissioners D. Department of Interior and Local Government The basis of computation of payment of just compensation for expropriation by LGUs A. time of actual taking B. time of filing of complaint C. either time of actual taking or time of filing of complaint whichever comes first D. time of payment

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49. The States policy to conduct mandatory consultation with appropriate LGUs does not apply to A. operation of lotto B. conversion of a Timber License Agreement into an Integrated Forest Management Agreement C. solid waste disposal D. only A & B

50. The operation of lotto does not require mandatory consultation because A. it is not a program/project of the national government B. it has no environmental & ecological effects C. it is authorized by law E. only A & B 51 . Which of the following is a regulatory power devolved to cities and municipalities A. licensing of tricycle drivers B. registration of tricycle units C. franchising of tricycle units D. all of the above 52. The Municipality of San Andres, Quezon is covered by Section 442d of the LGC which declared existing municipalities as regular municipalities because A. it has been a de facto municipality B. it was created by law C. its creation was judicially declared invalid D. it was created by the President 53. The Municipality of Andong, Lanao del Sur cannot avail of Section 442d of the LGC as a curative law because A. it has been a de facto municipality B. it was created by law C. its creation was judicially declared invalid D. it was created by the President 54. To be valid, the division and merger of local government units A. shall comply with the same requirements for their creation B. the income, population and land area shall not be reduced to less than the minimum requirements C. the income classification of the original unit shall not fall below its current income classification prior to such division D. all of the above 55. Under the LGC, an ordinance may be vetoed by the local chief executive if it is A. ultra viries and prejudicial to public welfare B. unconstitutional and prejudicial to public welfare C. unconstitutional and ultra viries D. all of the above 56. Who among the following local chief executive cannot exercise veto power A. Governor B. City Mayor C. Municipal Mayor D. Punong Barangay

57. In a Sangguniang Panlalawigan where there are 10 regular members, what is the minimum number of votes that must be obtained to comply with simple majority vote A. 6 B. 7 C. 8 D. 9 58. The substantial requisite for the validity of municipal contracts involving expenditure of public funds A. appropriation ordinance B. certification by the local treasurer of the availability of funds C. Statute of Frauds D. only a & B 59. Unless otherwise stated in the ordinance, local ordinances shall take effect A. after 10 days from posting B. 10 days from approval C. after 15 days from posting D. 15 days from approval 60. Is a zoning ordinance reclassifying an area as commercial despite contractual stipulation limiting the use of the parcel of land to residential purposes valid? A. it is not because it violates the non-impairment clause B. it is because it is a valid exercise of police power C. it is not because it violates the right to property without due process D. it is because police power prevails over the non-impairment clause 61. Is a city ordinance prohibiting the issuance of a business permit for the operation of a casino while a presidential decree allows PAGCOR to operate casino, valid? A. it is not because it contravenes a statute B. it is not because it violates the equal protection clause C. it is because allows immoral activity D. it is because police power protects public moral 62. Is an ordinance granting permit to construct and install, and franchise to operate, CATV system and approving increase of subscribers rates valid?. A. it is not because it is not among the devolved powers of LGUs B. it is not because it violates the equal protection clause C. it is because it is a regulatory power conferred upon LGUs D. it is because it is allowed by law

63. The remedy available for private property owner whose property was taken but without being paid of just compensation A. demand for payment of just compensation with appropriate interest B. reconveyance of the expropriated property C. claim for damages D. all of them 64. The remedy available for owner of private property whose property was taken but not used for its intended purpose A. demand for payment of just compensation with appropriate interest B. reconveyance of the expropriated property C. claim for damages D. all of them 65. 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 councilor? A. no because the grant of probation suspends the execution of the sentence B. no because it violates his right to suffrage C. yes because conviction by final judgment of a crime involving moral turpitude is expressly provided by law as ground for disqualification D. yes because suffrage is a mere privilege that can be withdrawn 66. The resignation of barangay officials acceptance by the A. Sanggunian Barangay B. City or Municipal Mayor C. Sangguniang Bayan D. Governor shall be deemed effective only upon

67. The proper accepting authority to accept the resignation of municipal councilors is A. City or Municipal Mayor B. Sangguniang Bayan C. Governor D. DILG Scretary 68. The ground for initiating recall against a local elective official A. misconduct B. dishonesty C. gross neglect of duty D. loss of confidence