Mcqs for Bar Exams

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POLITICAL LAW -- 15% 

1.) What vote is required for Congress to submit to the electorate the question of calling a constitutional convention?

A. A vote of two-thirds of all its Members.
B. A vote of two-thirds of a quorum.
C. A majority vote of all its Members.
D. A majority vote of a quorum.

2.) The Supreme Court will entertain a constitutional question only if it is determinative of the case itself because

A. it would prejudice the administration of justice.
B. the separation of powers demands respect due the other departments. C. the Court would not have acquired jurisdiction over the case. D. there is no actual case or controversy that justifies such a review.

3.) Which is unconstitutional for being an invalid exercise of police power?

A. A law prohibiting the use of motor vehicles on certain days of the week. B. A law imposing rent control.
C. A law prescribing minimum standards for the practice of the engineering profession. D. A law prohibiting the sale of cigarettes to young men and women ages 18 to 25. 

4.) An artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence.

A. estate
B. de jure partnership
C. implied trust
D. corporation

Answers: 1.) C 2.) B 3.) D 4.) D

LABOR LAW -- 10%

Labor Standards
1.) This is issued by DOLE authorizing a person or entity to operate a private employment agency.

a. License
b. Document
c. Authority
d. Charter party

2.) The following may engage in the recruitment and placement of workers, locally and overseas, except:

a. Public employment offices
b. Private employment agencies
c. Shipping or manning agents
d. Local employment agencies

3.) Direct hiring of Filipino workers for overseas employment is not allowed. The following are not covered by this rule, except:

a. Members of the diplomatic corps
b. International organizations
c. Multinational Corporations
d. Name hirees

4.) The accused X and Y represented themselves to complainants A and B to have the capacity to send workers abroad, although they did not have any authority or license. It is by this representation that they induced complainants to pay a placement fee. X and Y may also be liable for

a. Illegal recruitment by economic sabotage
b. Illegal recruitment in large scale
c. Syndicated Illegal recruitment
d. Estafa

5.) The Labor Code applies to:

a. Employees in a government corporation incorporated under the Corporation Code b. International Agencies
c. Employees of government corporations created by special or original charter d. Government employees

6.) Which of the following is the most essential element without which there is no employer-employee relationship.

a. Hiring
b. Control
c. Firing
d. Payment of wages

7.) Who has jurisdication over all money claims of overseas filipino workers arising from employer-employee relationship?

a. labor arbiters
b. POEA
c. regular courts
d. voluntary arbitrators

8.) A Filipino serviceman who is working in a US military installation in Pakistan is mandatorily required by law to remit to his family or dependents in the Philippines ____ of his foreign exchange earnings.

a. 70 per cent
b. 50 per cent
c. 80 per cent
d. none

9.) Illegal recruitment involving economic sabotage prescribes in:

a. 10 years
b. 20 years
c. 5 years
d. imprescriptible

10.) Being the judge of the trial court, you found the accused Jonie guilty of simple illegal recruitment. The proper penalty you would impose would be

a. life imprisonment
b. prision correctional
c. prision mayor
d. destierro

11.) Statement A - A company that exercises its prerogative to dismiss is not allowed to turn around and deny employee-employer relationship.

Statement B - Alleging abandonment indicates employer-employee relationship.

a.) Both statements are true
b.) Both statements are false
c.)...
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