Administrative Law Notes.pdf

7/27/2019 Administrative Law Notes.pdf

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Administrative Law:True or False Questions

1 FALSE

Being an instrumentality of the government does not exempt PAGCOR from local

taxes in viewof the constitutional grant of fiscal autonomy to local governments

vesting therein the power to create their own sources of revenues taxes and other

charges.

2 FALSE

Notice is required in the preparation of substantive rules where the class to be

affected is large and the questions to be resolved involve the use of discretion by therule-making body.

3 FALSE

The Civil Service Law does not contemplate a review of decisions exonerating public

officers and employees from administrative charges.

4 FALSE

The National Police Commission has appellate jurisdiction over decisions rendered by

the National Appellate Board and the Regional Appellate Board.

5 FALSE

The service of a copy of the decision on the deputized special counsel, acting as

representative of the Solicitor General is the proper basis for computing the

reglementary period to file an appeal.

6 FALSE

A quasi-judicial proceeding consists of gathering and evaluating evidence and

determining the facts based upon the evidence presented.

7 TRUE A conclusion drawn from facts is a conclusion of law which the courts may review.

8 TRUE A conclusion drawn from facts is a conclusion of law which the courts may review.

9 FALSE A conclusion drawn from facts is a factual matter which the courts may not review.

10 TRUE

A decision rendered bythe Provincial Agrarian Reform Officer and confirmed by the

DAR Secretary upon the factual issue of tenancy is not conclusive and subject to

review by the courts.

11 TRUE

A decision rendered bythe Provincial Agrarian Reform Officer and confirmed by the

DAR Secretary upon the factual issue of tenancy is not conclusive and subject to

review by the courts.

12 TRUE

A government owned and controlled corporation with original charter is within the

scope and meaning of the term Government of the Philippines if it is performing

governmental or political function.

13 FALSE

A new legislative act is necessary upon the expiration of the statutory term of a non-

incorporated agency for the Republic of the Philippines to reassume the powers and

duties as well as the assets and liabilities of the agency.

14 FALSE

A new legislative act is necessary, upon the expiration of the statutory term of a non-

incorporated agency, for the Republic of the Philippines to reassume the powers and

duties as well as the assets and liabilities of that agency.

15 FALSE

A new legislative act is necessary, upon the expiration of the statutory term of a non-

incorporated agency, for the Republic of the Philippines to reassume the powers and

duties as well as the assets and liabilities of that agency.

16 FALSE

A respondent public officer in an administrative case cannot be convicted of the lesser

offense of dereliction of duty on the original charge of grave misconduct.

17 FALSE

A respondent public officer in an administrative case cannot be convicted of the lesser

offense of neglect of duty on the original charge of grave misconduct.

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18 FALSE

A review of an administrative finding by the court cannot be limited to the evidence

already presented and includes the presentation of evidence aliunde especially when

the purpose thereof is essential to the proper determination of the case.

19 FALSE

A review of an administrative finding by the court cannot be limited to the evidence

already presented and includes the presentation of evidence aliunde especially whenthe purpose thereof is essential to the proper determination of the case.

20 TRUE

A review of an administrative finding by the court is limited to the evidence already

presented and excludes the presentation of evidence aliunde , despite the claim by the

petitioner that reinvestigation of the grantee's financial capability and track record is

essential to the proper determination of the case.

21 FALSE

A third party who claims to be the owner of a real property which was levied upon as a

result of a decision in a labor case can challenge the acts of the labor authorities,

including the validity of the levy, in a petition for recovery of possession and

injunction before the court.

22 TRUE

A typical criticism against administrative action is that it lacks legal knowledge and

aptitude in sound judicial technique and its susceptibility to political pressure or bias.

23 TRUE

A typical criticism against administrative action is that it lacks legal knowledge and

aptitude in sound judicial technique and its susceptibility to political pressure or bias.

24 TRUE

Acts of lasciviousness of a Public Officer cannot be considered misconduct in office

and may not be the basis of an order of suspension.

25 TRUE

Administrative agencies may enforce subpoenas issued in the course of investigations

whether or not adjudication or fact finding is involved, and whether or not probable

cause is shown and even before the issuance of a complaint.

26 TRUE

Administrative agencies may enforce subpoenas issued in the course of investigations

whether or not adjudication or fact finding is involved, and whether or not probable

cause is shown and even before the issuance of a complaint.

27 TRUE

Administrative bodies are said to constitute the fourth branch of government because

of their conferment of rule-making and adjudicatory powers which ordinarily would

not have been allowed as it may violate the principle of separation of powers.

28 TRUE

Administrative bodies are said to constitute the fourth branch of government because

of their conferment of rule-making and adjudicatory powers which ordinarily wouldnot have been allowed as it may violate the principle of separation of powers.

29 TRUE

Administrative policies and interpretations of administrative agencies, although

merely persuasive have the force and effect of law.

30 TRUE

Administrative policies and interpretations of administrative agencies, although

merely persuasive have the force and effect of law.

31 TRUE

All non-incorporated agencies, as well as the National Government, are embraced

within the term Government of the Republic of the Philippines

32 TRUE

Although administrative officers have no inherent powers to require the attendance of

witnesses before, put the witnesses under oath and require them to testify, this power,

and the power to require the production of documents, are basic to the power of

investigation.

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33 TRUE

Although administrative officers have no inherent powers to require the attendance of

witnesses before, put the witnesses under oath and require them to testify, this power,

and the power to require the production of documents, are basic to the power of

investigation.

34 TRUE

Although the court has allowed the claim of poverty in setting aside the requirement

of exhaustion of administrative remedies and resolving to go direct to the merits ofthe petition, still the ground of lack of education may not be placed in the same

category so as to justify non-compliance with the doctrine.

35 FALSE

An administrative body has power to interpret its own rules,which have the force and

effectof law, but such interpretation does not become part of the rule because it has

only a persuasive effect.

36 TRUE

An Administrative Officer authorizedto take testimony or evidence is deemed

authorized to administer oath, summon witnesses and require production of

documents.

37 TRUE

Any individual aggrieved by the decision of an auditor of any government agency in

the settlement of a transaction has a period of six months from receipt of the decision

to appeal to the Commission on Audit.

38 FALSE

As part of the Constitutional Fiscal Autonomy Group the Commission on Human

Rights just like the COA, CSC, COMELEC and Ombudsman has the authority to effect

organizational changes in key positions in the CHR.

39 FALSE

Courts have no underlying power to scrutinize the acts of administrative bodies on

questions of law and jurisdiction unless the right of review is given by statute.

40 FALSE

Courts have no underlying power to scrutinize the acts of administrative bodies on

questions of law and jurisdiction unless the right of review is given by statute.

41 FALSE

Decisions of the Office of the Ombudsman in administrative cases may be appealed tothe Supreme Court by way of petition for review on certiorari under Rule 45 of the

Rules of Court conformably with Section 27 of R.A. 6770.

42 FALSE

Decisions of the Office of the Ombudsman in administrative cases may be appealed to

the Supreme Court by way of petition for review on certiorari under Rule 45 of the


43 FALSE

Decisions of the Office of the Ombudsman in administrative cases may be appealed to

the Supreme Court by way of petition for review on certiorari under Rule 45 of the


44 TRUEEven decisions of administrative bodies which are declared final by law are not exemptfrom the judicial review when so warranted.

45 TRUE

Even decisions of administrative bodies which are declared final by law are not exempt

from the judicial review when so warranted.

46 TRUE

Even decisions of administrative bodies which are declared final by law are not exempt

from the judicial review when so warranted.

47 TRUE

Even if it conducts hearings and adjudicates contending claims, a tribunal is

administrative where its principal functions are to adjust individual controversies

because of some strong social policy involved.

48 TRUE

Even if it conducts hearings and adjudicates contending claims, a tribunal is

administrative where its principal functions are to adjust individual controversies

because of some strong social policy involved.

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49 FALSE

Even if no personal or property rights are involved, but only a privilege, notice or

hearing is still essential for due process though the power exercised is recognized as

quasi-judicial or adjudicatory.

50 FALSE

Even if no personal or property rights are involved, but only a privilege, notice or

hearing is still essential for due process though the power exercised is recognized as

quasi-judicial or adjudicatory.

51 FALSE

Even where under the rules of procedure of an administrative agency, the aggrievedparty is allowed to file a motion for reconsideration of any order, resolution or

decision thereof, such motion need not be filed first before the special civil action for

certiorari may be availed of.

52 TRUE

Even where under the rules of procedure of an administrative agency, the aggrieved

party is allowed to file a motion for reconsideration of any order, resolution or



53 FALSE





54 TRUE





55 TRUE

Eventhough there are infirmities at the mediation and fact-finding stage, the

requirement of due process is still satisfied when the affected party is heard even if

only by way of a motion for reconsideration.

56 TRUE

Eventhough there are infirmities at the mediation and fact-finding stage, the

requirement of due process is still satisfied when the affected party is heard even if


57 TRUE

Eventhough there are infirmities at the mediation and fact-finding stage, therequirement of due process is still satisfied when the affected party is heard even if


58 TRUE

Filing a complaint in court without waiting for the decision of the COA from which if

adverse or not satisfied therewith the petitioner could have appealed to the Supreme

Court, does not exhaust administrative remedies.

59 TRUE

Filing a complaint in court without waiting for the decision of the COA from which if

adverse or not satisfied therewith the petitioner could have appealed to the Supreme

Court, does not exhaust administrative remedies.

60 TRUE

From the decision of the Secretary of Natural Resources in cases involving conflicting

mining claims an appeal may be taken to the President whose decision shall be final

and executory.

61 TRUE

From the decision of the Secretary of Natural Resources in cases involving conflicting

mining claims an appeal may be taken to the President whose decision shall be final

and executory.

62 TRUE

GOCCs with original charter are within the scope and meaning of the term "GRP" if

they are performing government or political functions.

63 FALSE

If a person's application for a permit to build a house is denied the proper remedy for

him is to go to court on mandamus.

64 FALSE

If a person's application for a permit to build a house is denied the proper remedy for

him is to go to court on mandamus.

65 TRUE

In administrative proceedings, just like custodial investigation, the right to counsel is

not absolute but unlike custodial investigation, the administrative body is not duty-bound to provide the respondent with counsel.

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66 FALSE

In administrative proceedings, the right to counsel is mandatory and the

administrative body is duty bound to provide the respondent with a counsel.

67 TRUE

In administrative proceedings, the right to counsel is not mandatory and the

administrative body is not duty bound to provide the respondent with a counsel.

68 FALSE

In the absence of a formal complaint, the Philippine Overseas Employment

Administration cannot on its own initiative conduct the necessary proceeding for thecancellation or suspension of the license of any private placement agency on any of

the ground mentioned therein.

69 TRUE

In the absence of legal provision requiring administrative step, the party aggrieved

may go to court for relief without resorting to the principle of exhaustion of

administrative remedies.

70 TRUE

In the absence of legal provision requiring administrative step, the party aggrieved

may go to court for relief without resorting to the principle of exhaustion of

administrative remedies.

71 TRUE In the exercise by the PCGG of a quasi-judicial power, it is a co-equal body of the RTC.

72 FALSE

In the pursuit of academic freedom and as a measure to protect its integrity the Board

of Regents of a state university is empowered to withdraw motu propio an award it has

granted without violating the student's rights if the award is grounded on deception.

73 FALSE

In the pursuit of academic freedom and as a measure to protect its integrity the Board

of Regents of a state university is empowered to withdraw unilaterally an award it has

granted without violating the student's rights if the award is grounded on deception.

74 FALSE

It is a settled principle of administrative law that in determining whether a board has

a quasi-judicial power, the authority given should be strictly construed in order to

avoid abuses by the board and consistent with the rule against unwarranted

delegation of legislative power.

75 FALSE

It is a violation of the principle of non-delegation of legislative power if an act clothed

in all the forms of law and complete in itself provides that it shall become

operative,suspended or restricted in its operation and effect upon some certain act or

event the ascertainment of which is left to the administrative officer.

76 FALSE

It is a violation of the principle of separation of powers to give the President the power

to suspend the operation of law upon the happening of a contingency the existence of

which is left to her determination.

77 TRUE

It is mandatory that there be a legal provision requiring administrative step, before

the aggrieved party may go to court for relief without resorting to the principle of

Exhaustion of Administrative Remedies.

78 FALSE

It is only after judicial review is no longer premature that a court may ascertain in

proper cases whether administrative action or findings are not in violation of law or

are free from imposition or fraud.

79 FALSE

Jurisdiction acquired at the time of filing of the administrative case is lost if the

respondent public official ceases to be in office during the pendency of his case.

80 FALSE

Jurisdiction acquired at the time of the filing of the administrative case is lost if the

respondent Public Officer dies in office during the pendency of the case.

81 FALSEJurisdiction acquired at the time of the filing of the administrative case is lost if therespondent public official dies in office during the pendency of his case.

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82 FALSE

Jurisdiction acquired at the time of the filing of the administrative case is lost if the

respondent public official retires from office during the pendency of his case.

83 FALSE

Just like in custodial investigation, the right to counsel is mandatory in administrative

proceedings and the administrative body is duty-bound to provide the respondent

with counsel.

84 FALSELaws conferring powers on administrative bodies are strictly construed as a safeguardagainst undue delegation of legislative power.

85 FALSE

Like the review for administrative decisions by superior administrative authority,

judicial review of administrative decisions is not a trial de novo because the reviewing

tribunal merely determines that the findings are not in violation of the Constitution or

the laws.

86 FALSE

Local Chief Executives exercise operational and administrative supervision and control

over PNP units, including the power to direct and oversee police units except 10 days

immediately preceding and following any election. (correct answer - 30 days).

87 TRUE

Maintenance fees to be collected from motorists using the expressway does not

require public hearings before the Toll Regulatory Board under PD 1112.

88 TRUE

Non-exhaustion of administrative remedies does not affect the jurisdiction of the

court either over the parties or over the subject matter of the case.

89 FALSE

Notice is required in the preparation of substantive rules where the class to be affected

is large and the questions to be resolved involve the use of discretion by the rule-

making body.

90 TRUE

Penalties such as fines, surcharges, seizures and sale or destruction of property are

regarded as civil and remedial rather than punitive in nature and may therefore be

imposed by administrative agencies.

91 TRUE

Penalties such as fines, surcharges, seizures and sale or destruction of property are

regarded as civil and remedial rather than punitive in nature and may therefore be

imposed by administrative agencies.

92 TRUE

Pleadings and motions filed by government lawyers or the Presidential Commission

on Good Government (PCGG) in proceedings for forfeiture of property unlawfully

acquired either before or after February 25, 1986 need not approved by the PCGG en

banc or by the president of the philippines.

93 FALSE

Political autonomy is the transfer of power from the central government to political

subdivisions in order to broaden the base of government power and make local

governments more responsive and ensure their fullest development as self-reliant

communities.

94 FALSE

Publication in the Official Gazette is a condition precedent before all administrative

rules and regulations can take effect.

95 FALSE

Publication in the Official Gazette or a newspaper of general circulation is a condition

precedent before all administrative rules and regulations may take effect.

96 TRUE

Publication in the UP Law Center is a condition precedent before rules and

regulations imposing an administrative fine can take effect.

97 TRUE

Rules and Regulations imposing a penal sanction as authorized by law must be filed

and registered with the U.P. Law Center.

98 TRUE



99 TRUE



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100 FALSE

Rules and Regulations shall take effect on the sixteenth day following the completion

of their publication in the Official Gazette and newspaper of generalcirculation, unless

otherwise provided.

101 TRUE

Sans an express conferment in the law itself creating the administrative office, civil

immunity from suit cannot be granted by the administrative office.

102 FALSE

Since the National TelecommunicationsCommission(NTC) is under the supervision

and control of the Department of Transportation and Communication (DOTC), the

latter can assume the power of the NTC in granting or denying a provisional authority

to operate a telecommunication service system.

103 FALSE

Since the National TelecommunicationsCommission(NTC) is under the supervision

and control of the Department of Transportation and Communication (DOTC), the

latter can assume the power of the NTC in granting or denying a provisional authority

to operate a Telecommunications Service System.

104 FALSE

Statutes conferring quasi-legislative powers on administrative agencies are liberallyconstrued to enable them to accomplish their legislative purpose while the grant of

quasi-judicial powers, being adversarial to the respondent, is strictly construed.

105 FALSE

Tenancy relation is extinguished by the expiration of the period in a leasehold

contract or by the sale of the landholding.

106 FALSE

Tenancy relation is extinguished by the expiration of the period in a leasehold

contract or by the sale of the landholding.

107 TRUE

The adjudicative power of the administrative tribunal should only be incidental to its

task of executing the law in the specific field of its expertise.

108 TRUE

The adjudicative power of the administrative tribunal, just like the power to interpret

the law, should only be integral part of its tasks in order for it to carry out the objects

of the law in the specific field of its expertise.

109 TRUE

The administrative agency has the power of inquisition which is not dependent upon a

case or controversy in order to get evidence, but can investigate merely on suspicion

that the law is being violated or even just because it wants assurance that it is not.

110 TRUE

The administrative agency has the power of inquisition which is not dependent upon a

case or controversy in order to get evidence, but can investigate merely on suspicion

that the law is being violated or even just because it wants assurance that it is not.

111 TRUE

The Administrative Agency has the power of inquisition which is not dependent upon

a case or controversy in order to get evidence, but can investigate merely on suspicionthat the law is being violated or even just because it wants assurance that it is not.

112 FALSE

The administrative charge against the respondent need not be drafted with the

precision of an information in criminal prosecution and in determining the

jurisdiction of the tribunal, what is controlling is the designation of the offense and

not the allegation of the acts complained of.

113 TRUE

The application of the doctrine of primary jurisdiction does not call for the dismissal

of the case originally cognizable in the court but only the suspension of the judicial

proceeding until after the matters within the competence of the board are threshed

out and determined.

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114 FALSE

The approval and/or clearance by the COA of a government agency's expenditures is a

finding of its regularity and reasonableness and thus precludes the Ombudsman from

making a determination of the commission of a crime arising from the same facts

which were the subject of audit examination by the COA.

115 FALSE

The approval and/or clearance by the COA of a government agency's expenditures is afinding of its regularity and reasonableness and thus precludes the Ombudsman from


which were the subject of audit examination by the COA.

116 FALSE

The approval and/or clearance by the COA of a government agency's expenditures is a

finding of its regularity and reasonableness and thus precludes the Ombudsman from


which were the subject of audit exam by the COA.

117 FALSE

The authority of the Director of Patents to Administer the registration of trademarks

including his determination on the matter of similarity and dissimilarity oftradenames, involves factual matters which may not be passed upon by the court.

118 FALSE

The Bureau of Immigration and not the court has the exclusive authority and

jurisdiction to try and hear cases against an alleged overstaying alien and in the

process determine also their citizenship, and the determination by the BI of those

issues must be respected by the court. (???)

119 TRUE

The Bureau of Immigration and not the court has the exclusive authority and

jurisdiction to try and hear cases against an alleged overstaying alien and in the

process determine also their citizenship.

120 TRUE

The Bureau of Immigration has the exclusive authority and jurisdiction to try and hear

cases against an alleged overstaying alien and in the process, determine also their

citizenship.

121 TRUE

The Bureau of Immigration has the exclusive authority and jurisdiction to try and hear

cases against an alleged overstaying alien and in the process, determine also their

citizenship.

122 FALSE

The Civil Service Commission and the Department of Education through the

Investigating Committee have concurrent original jurisdiction over an administrative

case against a public school teacher.

123 FALSE

The Civil Service Law does not contemplate a review of decisions acquitting public

officers from administrative charges.

124 FALSE

The Civil Service Law does not contemplate a review of decisions exonerating public

officers and employees from administrative charges.

125 TRUE

The COA and the Central Bank have concurrent jurisdiction to examine and audit

government banks, but the COA audit prevails over that of the Central Bank.

126 TRUE

The COA and the Central Bank have concurrent jurisdiction to examine and audit

government banks, but the COA audit prevails over that of the Central Bank.

127 TRUE

The Commission on Audit and the Central Bank has concurrent jurisdiction to

examine and audit government banks, but the COA audit prevails over that of the CB.

128 TRUE

The Commission on Audit and the Central Bank have concurrent jurisdiction to

examine and audit government banks but the COA audit prevails over the Central

Bank.

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129 FALSE

The constitutional grant of fiscal autonomy to a constitutional office vests it with

absolute flexibility to formulate and administer its compensation system and

organizational structure, free from outside control and limitations.

130 FALSE

The constitutional grant of fiscal autonomy to a constitutional office vests it with

absolute flexibility to formulate and administer its compensation system andorganizational structure, free from outside control and limitations.

131 TRUE

The death of a public officer does not preclude a finding of administrative liability and

thus the tribunal can still pronounce him either innocent or guilty.

132 FALSE

The death of a public officer precludes a finding of administrative liability as the

tribunal can no longer enforce the imposition of a sanction against him.

133 FALSE

The death of a public officer precludes a finding of administrative liability inasmuch as

he could not anymore exercise his right to confront his accuser which is essential in

administrative proceedings.

134 TRUEThe death of the Public Officer does not preclude a finding of administrative liabilityand thus the tribunalcan still pronounce him either innocent or guilty.

135 FALSE

The decision of the adjudicator on land valuation and preliminary determination and

payment of just compensation shall be appealable to the DARAB within 15 days from

receipt of the notice.

136 FALSE



receipt of the notice.

137 FALSE



receipt of the notice. (DENR?)

138 FALSE

The decision of the adjudicator on land violation and preliminary determination andpayment of just compensation shall be appealable to the DARAB within 15 days from

receipt of notice.

139 TRUE

The decision of the Director of the Land Management Bureau when approved by the

DENR Secretary as to issues of fact is generally conclusive and cannot be subject of

review by the court.

140 FALSE

The decision of the Ombudsman dismissing the graft case against a respondent public

official operate as a res judicata in the administrative case against him before the

Presidential Anti-Graft Commission for unexplained wealth.

141 FALSE

The decision of the Ombudsman dismissing the graft case against a respondent publicofficial operate as a res judicata in the administrative case against him before the


142 FALSE

The decision of the Ombudsman dismissing the graft case against a respondent public

official operate as a res judicata in the administrative case against him before the


143 TRUE

The desire for more effective and flexible preventive remedies has been a factor in the

creation of many administrative agencies which represent a provocative fusion of

different powers of government.

144 TRUE

The desire for more effective and flexible preventive remedies has been a factor in the

creation of many administrative agencies which represent a provocative fusion ofdifferent powers of government.

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145 TRUE

The DILG Secretary and not the National Police Commission- has the appellate

jurisdiction over decisions rendered by the Regional Appellate Board and the National

Appellate Board.

146 TRUE

The doctrine of primary jurisdiction applies where a claim is originallycognizable in

courts but the judicial process has to be suspended pending referral of issues to the

administrative agency under a regulatory scheme.

147 TRUE

The doctrine of res judicata does not apply to the exercise of administrative powers

but only to judicial and quasi-judicial proeedings.

148 TRUE

The enshrined rule is that unless otherwise provided by law, the administrative body

has to go to court in whose jurisdiction the contested case being heard falls for the

latter to punish refusal as contempt.

149 TRUE

The exclusive jurisdiction in seizure and forfeiture cases involving imported goods

vested in the Collector of Customs precludes a Regional Trial Court from assuming

cognizance over such a matter.

150 TRUE

The exclusive jurisdiction in seizure and forfeiture cases involving imported goods

vested in the Collector of Customs precludes a Regional Trial Court from assuming

cognizance over such a matter.

151 TRUE

The filing of a motion for reconsideration is an indispensable requirement to the filing

of a special civil action for certiorari.

152 TRUE



153 TRUE



154 TRUE

The filing of a motion for reconsideration, even if not statutorily granted, is an

indispensable requirement to the filing of a special civil action for certiorari.

155 FALSEThe filing of the Implementing Rules promulgated by the administrative agency withthe U.P. Law Center is the operative act that gives the rules force and effect.

156 TRUE

The final determination by the Secretary of Finance, upon recommendation of the

BIR, of the entitlement of the informer's award under the National Internal Revenue

Code although conclusive pursuant to the Government Auditing code (PD 1445), may

be disallowed in the audit by COA.

157 TRUE

The final determination by the Secretary of Finance, upon recommendation of the

BIR, of the entitlement of the informer's award under the National Internal Revenue

Code although conclusive pursuant to the Government Auditing code (PD 1445), may

be disallowed in audit by COA.

158 FALSE

The General Rule is that the decisions of the CSC under the Civil Service Law and the

Sanggunians under the Local Government Code are not yet final and executorypending appeal.

159 FALSE


Sanggunians under the Local Government Code are not yet final and executory

pending appeal.

160 FALSE


Sanggunians under the Local Government Code are not yet final and executory

pending appeal.

161 FALSE

The House and Land Use Regulatory Board has the power to interpret and apply

contracts but not toaward damages which is a judicial function.

162 FALSE

The Housing and Land Use Regulatory Board has the power to interpret and apply

contracts but not to award damages which is a judicial function.

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163 FALSE

The issuance by the PCGG of the writ of sequestration is upon the authority of at least

one commissioner when the commission has reasonable grounds to believe that the

issuance thereof is warranted.

164 FALSE

The issuance by the PCGG of the writ of sequestration is upon the authority of at least

one commissioner when the commission has reasonable grounds to believe that the

issuance thereof is warranted.

165 FALSEThe issuance of preliminary ex parte injunction can only be issued by theadministrative tribunal upon prior notice and hearing.

166 FALSE

The issue of a right of way or easement over private property as a necessary incident of

tenancy relations is exclusively within the jurisdiction of the DARAB and of the court.

167 FALSE

The issue of the tiller's right to retain or remove a home lot cannot be classified as an

agrarian dispute where the home lot is constructed not on the farm that he is tilling

but on the residential lot of the landowner.

168 FALSE

The issue of the tiller's right to retain or remove a home lot cannot be classified as an

agrarian dispute where the home lot is constructed not on the farm that he is tilling


169 FALSE

The issue of the tiller's right to retain or remove a home lot cannot be classified as anagrarian dispute where the home lot is constructed not on the farm that he is tilling


170 TRUE

The judicial process has to be suspended under the doctrine of primary jurisdiction,

even if the claim is originally cognizable in courts, pending referral of issues to the

administrative agency under a regulatory scheme.

171 TRUE

The law pertaining to disputes among the government offices directs that all cases

involving questions of law shall be submitted to the Secretary of Justice for settlement.

172 FALSE

The law precludes the Executive Secretary from conducting additional hearings on

appeal as its function is limited to determining whether there is evidence in the

administrative records substantial enough to support the subordinate officers findingstherein.

173 FALSE

The law precludes the Office of the President from conducting additional hearings on


administrative records substantial enough to support the subordinate officers finding

therein.

174 FALSE



administrative records substantial enough to support the subordinate officers finding

therein.

175 FALSE


appeal as its function is limited to determining whether there is evidence in theadministrative records substantial enough to support the subordinate officers finding

therein.

176 FALSE

The National Police Commission has appellate jurisdiction over decisions rendered by

the National Appellate Board and the Regional Appellate Board.

177 FALSE

The only situation that a relaxation of the mandate for automatic release of funds may

be allowed is where total revenue collections are insufficient to cover the total

appropriations for all entities vested with administrative autonomy.

178 TRUE



appropriations for all entities vested with fiscal autonomy.

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179 TRUE



appropriations for all entities vested with fiscal autonomy.

180 FALSE

The order of the Department of Education, Culture and Sports to phase out Spanish as

a subject required for graduation is violative of the right of spanish professors to due

process as they were no prior notice and hearing conducted.

181 FALSE

The order of the Department of Education, Culture and Sports to phase out Spanish as

a subject required for graduation is violative of the right of spanish professors to due

process as they were no prior notice and hearing conducted.

182 FALSE

The ordinary requirements of procedural due process cannot be made subordinate to

the necessities of protecting public interest through the exercise of police power.

183 FALSE

The ordinary requirements of procedural due process cannot be made subordinate to

the necessities of protecting public interest through the exercise of police power.

184 FALSEThe person aggrieved by any ruling of the COA has thirty days from his receipt of acopy thereof appeal on certiorari to the Court of Appeals.

185 FALSE

The power of judicial review authorizes the Supreme Court to weigh the conflicting

evidence and substitute its conclusion for that of the administrative body.

186 FALSE

The power of judicial review authorizes the Supreme Court to weigh the conflicting

evidence and substitute its conclusion for that of the administrative body.

187 FALSE

The power to investigate anomalies cannot include the power to take testimony or

evidence of witnesses whose appearance maybe required by the process of subpoena.

188 FALSE

The power to investigate anomalies include the power to take testimony or evidence

of witnesses whose appearance maybe required by the process of subpoena.

189 FALSE

The power to punish contempt is exercised as a safeguard for the dignity and

protection of quasi-judicial officers as persons.

190 FALSE

The presidential power of control over departments of the executive brance as well as

local governments, includes not only the authority toensure that rules are followed,

but to lay down such rules and modify or replace them

191 FALSE

The presidential power of supervision over local governments includes not only the

authority toensure that rules are followed, but to lay down such rules and modify or

replace them

192 FALSE

The presidential power of supervision over local governments includes not only theauthority toensure that rules are followed, but to lay down such rules and modify or

replace them

193 FALSE

The prohibition against forum-shopping applies to a tribunal which does not exercise

judicial or quasi-judicial power.

194 FALSE

The prohibition against forum-shopping applies to a tribunal which does not exercise

judicial or quasi-judicial power.

195 TRUE

The provision of law granting authority to the Secretary " To suspend the effectivity of

any ordinance if in his opinion, the tax therein is unjust or excessive will not preclude

an aggrieved taxpayer from filing an action to obtain declaratory judgment on the

legality of such city ordinance.

196 FALSEThe purpose of an admnistrative subpoena is not only to discover evidence but also toprove a pending charge.

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197 FALSE

The purpose of an admnistrative subpoena is not only to discover evidence but also to

prove a pending charge.

198 TRUE

The question of a person's Filipino citizenship is and should be addressed in the first

instance to the Commissioner of Immigration and his authorityto hear the evidence

and pass upon said question to enable him to decide whether or not such person

should be deported cannot be pre-empted by the courts in a suit for prohibition.

199 TRUE

The question of a person's Filipino citizenship is and should be addressed in the first

instance to the Commissioner of Immigration and his authorityto hear the evidence

and pass upon said question to enable him to decide whether or not such person

should is pre-empted by the courts in a suit for prohibition.

200 TRUE

The Regional State Prosecutor exercises supervision over city and provincial

prosecutors and thus he may not take over the preliminary investigation of a criminal

case pending before the latter.

201 FALSE


prosecutors and thus he may take over the preliminary investigation of a criminal case

pending before the latter.

202 FALSE


prosecutors and thus he may take over the preliminary investigation of a criminal case

pending before the latter.

203 FALSE

The Regional Trial Court has the jurisdiction to issue an injunction to enjoin the

execution of a decision of the National Labor Relations Commission.

204 FALSE

The Regional Trial Court has the jurisdiction to issue an injunction to enjoin the

execution of a decision of the National Labor Relations Commission.

205 FALSE

The Regional Trial court, upon a finding of the commission of abuse, has the

jurisdiction to issue an injunction to enjoin the execution of a decision of the National

Labor Relations Commission (NLRC).

206 FALSE

The remedy of an aggrieved party from resolutions of the Ombudsman finding a

probable cause in criminal cases, when tainted with grave abuse of discretion is to file

an original action for certiorari under Rule 65 with the Court of Appeals.

207 FALSE




208 FALSE




209 FALSE

The remedy of an aggrieved public officerwho is reassigned by his superior, a Regional

Director, to a station different from that specified in his appointment paper is an

action for prohibition and injunction in court.

210 FALSE

The remedy of an interested Expressway user who complains that the provisional toll

rates are exorbitant, oppressive and onerous is to file a petition for review of the

adjusted toll rates not with the court but with the Department of Transportation and

Communication.

211 FALSE



adjusted toll rates with the court.

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212 FALSE



adjusted toll rates with the court.

213 FALSE

The Revised Administrative Code of 1987 does not contemplate a review of

adjudications exonerating public officers and employees from administrative charges.

214 FALSE

The right against self-incrimination is available to all kinds of proceedings, whetheradministrative, criminal or civil, and is equally available to natural and juridical

persons in order to ensure compliance by them with the requirements of the law and

promote public policy.

215 TRUE

The right to appeal from adverse decision of the Ombudsman carry with it the stay of

those decisions pending appeal. (????)

216 FALSE



217 TRUE



218 TRUE



219 FALSE



220 FALSE

The rule applicable to PAGCOR is that to enable it to accomplish its mandated task to

regulate all forms of gambling, a law granting the right to exercise a part of police

power of the state is to be liberally construed and any doubt must be resolved in favor

of the grant to PAGCOR.

221 FALSE

The rule applicable to PAGCOR is that to enable it to accomplish its mandated task to

regulate all forms of gambling, a law granting the right to exercise a part of police

power of the state is to be liberally construed and any doubt must be resolved in

favour of the grant to PAGCOR.

222 FALSE

The Secretary of the Interior and Local Government has the authority to pass upon thevalidity of the election of the Katipunan ng mga barangay (composed of popularly

elected punong barangays as prescribedby law whose officers are voted upon by their

respective members).

223 TRUE

The Securities and Exchange Commission and not the RTC has the original and

exclusive jurisdiction to hear and decide an intra-corporate controversy between the

homeowners and the homeowner's association under P.D. 902-A.

224 FALSE

The Securities and Exchange Commission and not the RTC has the original and

exclusive jurisdiction to hear and decide an intra-corporate controversy between the

homeowners and the homeowner's association.

225 FALSE

The service of a copy of the decision on the deputized special counsel, acting asrepresentative of the Office of the Solicitor General is the proper basis for computing

the reglementary period to file an appeal.

226 FALSE

The service of a copy of the resolution on the deputized special counsel, acting as

representative of the Office of the Solicitor General is the proper basis for computing

the reglementary period to file an appeal.

227 FALSE

The term agency of the government under the 1987 Administrative Code refers to any

of the various units of the Government, including a department, bureau, office or

instrumentality but excluding government-owned or controlled corporations.

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228 TRUE

The trial court neednot dismiss but instead take cognizance of and try a case which is

properly within the competence of an administrative body should the doctrine of

Exhaustion of Administrative Remedies be not timely invoked.

229 TRUE

The trial court neednot dismiss but instead take cognizance of and try a case which is

properly within the competence of an administrative body should the doctrine ofExhaustion of Administrative Remedies be not timely invoked.

230 TRUE

The unsubscribed complaint filed against the public officer before the discipling

authorityis not the charge contemplated in the Administrative Law and does not

commence the administrative proceedings but merely evidence gathering.

231 TRUE

The unverified complaint filed against the public officer before the disciplining

authority is not the charge contemplated in the Civil Service Law and does not

commence the administrative proceeding but merely a fact-finding investigation.

232 TRUE

The unverified complaint filed against the public officer before the discipliningauthority is not the charge contemplated in the Civil Service Law and does not


233 TRUE




234 TRUE




235 FALSE

The voting that followed the deliberation on an administrative case in the Sanggunianbecomes its decision after the opinion prepared by the Sanggunian member is

approved and signed by the Presiding Officer.

236 FALSE

The voting that followed the discussion by the members of the City Council of the

merits of the administrative case against the respondent elective barangay official as

embodied in a Resolution prepared by a Councilor constitutes the decision as

contemplated by the Local Government Code.

237 TRUE

There is nothing in the law creating the Bureau of Immigration providing that its

decisions may be reviewed only by the Court of Appeals.

238 FALSE

There is denial of procedural due process where the NTC issued an order granting the

motion of a communications carrier applicant for the revival of its archived petitionand the oppositor was not given the opportunity to question said motion for revival.

239 FALSE

There is denial of procedural due process where the NTC issued an order motu propio

granting the motion of Bayantel for the revival of its archived application and the

oppositor Extelcom was not given the opportunity to question said motion for revival.

240 TRUE

There is no denial of due process where the National Telecommunications

Commission issued an order granting the motion of Bayantel for the revival of its

archived application and the oppositor extelcom has not given the opportunity to

question said motion for revival.

241 TRUEThere is no denial of procedural and substantive due process even if the law does notallow the aggrieved party to appeal froman adverse administrative decision.

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242 TRUE

There is no denial of procedural due process where the National Telecommunications

Commission issued an order granting the motion of Bayantel for the revival of its

archived application and the opposition Extelcom was not given the opportunity to

question said motion for revival

243 TRUE

There is no violation of the rule requiring all the complainants to sign the Certificate

of non-forum shopping where one complainant signs for all of them who are assertingthe same rights and seeking similar relief arising from the same facts.

244 TRUE

There is nothing in the law creating the Bureau of Immigration providing that its

decisions may be reviewed only by the Court of Appeals.

245 FALSE

To be effective and enforceable, an Order issued by the Secretary of Labor directing

the suspension of the recruitment by private employment agencies of domestic

helpers for hongkong in the wake of reported abuses suffered by Filipino domestic

helpers must be published in the Official Gazette and also filed with the

Administrative Register.

246 TRUE

To justify the validity of the grant of emergency powers to the President, any such

grant must be for a limited period and despite the requirement that the law must becomplete in itself, the period need not be expressly provided in the statute, but may

be inferred from its provisions and the events surrounding its enactment.

247 FALSE

Under existing jurisprudence, the right to appeal from adverse decisions of the

Ombudsman carry with it the stay of these decisions pending appeal.

248 FALSE

University of the Philippines falls within the term Government of the Republic of the

Philippines.

249 TRUE

Unlike in criminal cases, administrative offenses do not prescribe unless the law itself

confers discretion to the administrative tribunal not to investigate anymore such

offenses after the lapse of a certain period.

250 TRUE When forum-shopping exists, the summary dismissal of both actions is proper.

251 TRUE When forum-shopping exists, the summary dismissal of both actions is proper.

252 TRUE Where an administrative body is conferred

253 TRUE

Where an administrative body is conferred quasi-judicial functions, all issues relating

to the subject matter pertaining to its specialization are deemed included within its

jurisdiction.

254 TRUE

Where an administrative body is conferred quasi-judicial functions, all issues relating

to the subject matter pertaining to its specialization are deemed included within its

jurisdiction. While hearings may be held as a general rule, a hearing is not necessary

part of an investigation by an administrative agency or official. Hence, a requirement

that there be an investigation carries no command that a quasi-judicial hearing beconducted.

255 TRUE

Where the administrative tribunal is given the power to punish for contempt as

exercise of the power is limited to making effective the power to elicit testimony and

it cannot be exercised in furtherance of administrative functions.

256 TRUE




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257 TRUE




258 FALSE

Where the GOCC is represented in the trial court by the Office of the Government

Corporate Counsel in collaboration with its in-house Legal Services Division, theservice of a copy of the decision on the LSD is NOT notice to the OGCC and such

absence of notice to the OGCC does not start the running of the period for appeal.

259 TRUE

Where the GOCC is represented in the trial court by the Office of the Government

Corporate Counsel in collaboration with its in-house Legal Services Division, the

service of a copy of the decision on the LSD is notice to the OGCC and such notice

starts the period for appeal although the OGCC has not received a copy of the

decision.

260 TRUE

While hearings may be held as a general rule, a hearing is not a necessary part of an

investigation by an administrative agency or official. Hence, a requirement that there

be an investigation carries with it no command that a quasi-judicial hearing be

conducted.

Documents

Administrative Law Notes.pdf