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Midterm exam coverage

 

1.     The party-list Gabay sa Ideolohiya at Hakbang Abante para sa Kalusugan (GIAHAK) wants access to the lists of offers made by the World Health Organization representatives and its accredited pharmaceutical firms, including all annexes and attachments to the lists, during the negotiation process for the mass procurement of vaccines against COVID-19. Should GIAHAK be given access to said lists?

 

Answer: No, because the said offers during the diplomatic negotiation process were made in confidence and disclosing them could impair our ability to deal with international agencies or foreign governments in the future.

 

2.    Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel.

 

            Answer: Privileged communication

 

3.    The complementing regime that limits freedom of speech and of the press are 

 

            Answer: prior restraint and subsequent punishment

 

4.    In determining if the work is obscene or not, this looks into whether the average person, applying contemporary "community standards", would find that the work, taken as a whole, appeals to the prurient interest.

           

            Answer: Miller vs. California

 

5.    Freedom of speech and of expression cannot be qualified by or subject to government regulation. 

 

            Answer: False

 

6.    Malice which the law presumes from every statement whose tenor is defamatory

 

            Answer: Malice in law

 

7.    The following are essential to a democratic system of governance, except one 

 

            Answer: Freedom of contract

 

8.    Onion-skinned doctrine

           

            Answer: U.S. vs. Bustos

 

9.    Commercial speech is entitled to

 

            Answer: lesser protection compared to other constitutionally guaranteed expression

 

10.  The freedom of television and radio broadcasting is somewhat lesser in scope than the freedom accorded to newspaper and print media. 

 

            Answer: True

11.  Prior restraint by government may be allowed in the following speech, except

 

            Answer: Libelous or defamatory speech

 

12.  A speech that attacks another religion can be a subject of prior restraint.

 

            Answer: False

 

13.  "Law" in Art III Sec 4 isn’t limited to statutes and local ordinances; executive and judicial actions shall also not abridge freedom of expression. 

 

            Answer: True 

 

14.  This rule in the restriction of freedom of speech states that the evil consequence of the comment or utterance must be 'extremely serious and the degree of imminence extremely high' before the utterance can be punished.

 

            Answer: Clear and present danger rule

 

15.  Symbolic speech is protected speech.

 

            Answer: True

 

16.  Can be negated by evidence that, in fact, the alleged libelous or defamatory utterance was made with good motives and justifiable ends, or that the utterance was privileged in character

 

            Answer: Malice in law

 

17.  Presentation in a sensational manner of a report containing derogatory information against a public official makes the newspaper article libelous per se.

 

            Answer: False

 

18.  Unsolicited advertisements, as in the case of email spams, are legitimate forms of expression. 

 

            Answer: True 

 

19.  Following are the exceptions to the application of the right to information under the Constitution, except one 

 

Answer: Government-private sector contracts, Chavez vs. PCGG (G.R. No. 130716)

 

20.  Following are aspects of freedom of the press, except

 

            Answer: freedom from being exposed to misinformation

 

21.  Which is considered an act of aiding or abetting in a crime of libel as regards an openly defamatory statement online?

 

            Answer: None of the above

 

22.  When is proof of truth admissible in the defense against the crime of libel?

 

Answer:

 

23.  The freedom of speech, of expression, or of the press is embodied in what provision of the 1987 Constitution? 

           

            Answer: Article III, Section 4

 

24.  The right to information is a public right and as such, a private person is said to have no right to or interest in information of public interest or concern by mere fact that he is a citizen. He must show first that he is directly affected by such information before he is allowed access thereto. 

 

Answer: False, The right of the people to information and access to official records, documents and papers is a right guaranteed under Section 7, Article III of the 1987 Constitution. Petitioner, a former solicitor general, is a Filipino citizen. Because of the satisfaction of the two basic requisites laid down by decisional law to sustain petitioner's legal standing, i.e. (1) the enforcement of a public right (2) espoused by a Filipino citizen, we rule that the petition at bar should be allowed. - Chavez vs. PCGG (G.R. No. 130716)

 

25.  Becomes necessary only if the malice in law has been rebutted 

           

            Answer: Malice in fact

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