Administrative Law Notes.pdf

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  • 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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    Administrative Law:True or False Questions

    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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    Administrative Law:True or False Questions

    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

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

    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

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