Administrative Law: True or False Questions

1 FALSE

2 FALSE 3 FALSE 4 FALSE

5 FALSE 6 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. 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. The Civil Service Law does not contemplate a review of decisions exonerating public officers and employees from administrative charges. The National Police Commission has appellate jurisdiction over decisions rendered by the National Appellate Board and the Regional Appellate Board. 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. 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. 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 10 TRUE review by the courts. 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 11 TRUE review by the courts. 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 12 TRUE governmental or political function. A new legislative act is necessary upon the expiration of the statutory term of a nonincorporated agency for the Republic of the Philippines to reassume the powers and 13 FALSE duties as well as the assets and liabilities of the agency. A new legislative act is necessary, upon the expiration of the statutory term of a nonincorporated agency, for the Republic of the Philippines to reassume the powers and 14 FALSE duties as well as the assets and liabilities of that agency. A new legislative act is necessary, upon the expiration of the statutory term of a nonincorporated agency, for the Republic of the Philippines to reassume the powers and 15 FALSE duties as well as the assets and liabilities of that agency. A respondent public officer in an administrative case cannot be convicted of the lesser 16 FALSE offense of dereliction of duty on the original charge of grave misconduct. A respondent public officer in an administrative case cannot be convicted of the lesser 17 FALSE offense of neglect of duty on the original charge of grave misconduct.

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Administrative Law: True or False Questions

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 18 FALSE the purpose thereof is essential to the proper determination of the case. 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 19 FALSE the purpose thereof is essential to the proper determination of the case. 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 20 TRUE essential to the proper determination of the case. 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 21 FALSE injunction before the court. A typical criticism against administrative action is that it lacks legal knowledge and 22 TRUE aptitude in sound judicial technique and its susceptibility to political pressure or bias. A typical criticism against administrative action is that it lacks legal knowledge and 23 TRUE aptitude in sound judicial technique and its susceptibility to political pressure or bias. Acts of lasciviousness of a Public Officer cannot be considered misconduct in office 24 TRUE and may not be the basis of an order of suspension. 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 25 TRUE cause is shown and even before the issuance of a complaint. 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 26 TRUE cause is shown and even before the issuance of a complaint. Administrative bodies are said to constitute the fourth branch of government because of their conferment of rule-making and adjudicatory powers which ordinarily would 27 TRUE not have been allowed as it may violate the principle of separation of powers. 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. Administrative policies and interpretations of administrative agencies, although merely persuasive have the force and effect of law. Administrative policies and interpretations of administrative agencies, although merely persuasive have the force and effect of law. All non-incorporated agencies, as well as the National Government, are embraced within the term Government of the Republic of the Philippines 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.

28 TRUE 29 TRUE 30 TRUE 31 TRUE

32 TRUE

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Administrative Law: True or False Questions

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 33 TRUE investigation. 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 of the 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. 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. An Administrative Officer authorizedto take testimony or evidence is deemed authorized to administer oath, summon witnesses and require production of documents. 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. 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.

34 TRUE

35 FALSE

36 TRUE

37 TRUE

38 FALSE

Courts have no underlying power to scrutinize the acts of administrative bodies on 39 FALSE questions of law and jurisdiction unless the right of review is given by statute. Courts have no underlying power to scrutinize the acts of administrative bodies on 40 FALSE questions of law and jurisdiction unless the right of review is given by statute. 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 41 FALSE Rules of Court conformably with Section 27 of R.A. 6770. 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 42 FALSE Rules of Court conformably with Section 27 of R.A. 6770. 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. Even decisions of administrative bodies which are declared final by law are not exempt from the judicial review when so warranted. Even decisions of administrative bodies which are declared final by law are not exempt from the judicial review when so warranted. Even decisions of administrative bodies which are declared final by law are not exempt from the judicial review when so warranted. 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. 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.

43 FALSE 44 TRUE 45 TRUE 46 TRUE

47 TRUE

48 TRUE

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Administrative Law: True or False Questions

49 FALSE

50 FALSE

51 FALSE

52 TRUE

53 FALSE

54 TRUE

55 TRUE

56 TRUE

57 TRUE

58 TRUE

59 TRUE

60 TRUE

61 TRUE 62 TRUE 63 FALSE 64 FALSE

65 TRUE

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. 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. 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 decision thereof, such motion need not be filed first before the special civil action for certiorari may be availed of. 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 decision thereof, such motion need not be filed first before the special civil action for certiorari may be availed of. 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 decision thereof, such motion need not be filed first before the special civil action for certiorari may be availed of. 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 decision thereof, such motion need not be filed first before the special civil action for certiorari may be availed of. 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. 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. 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. 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. 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. 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. 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. GOCCs with original charter are within the scope and meaning of the term "GRP" if they are performing government or political functions. 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. 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. In administrative proceedings, just like custodial investigation, the right to counsel is not absolute but unlike custodial investigation, the administrative body is not dutybound to provide the respondent with counsel.

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Administrative Law: True or False Questions

In administrative proceedings, the right to counsel is mandatory and the 66 FALSE administrative body is duty bound to provide the respondent with a counsel. 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. In the absence of a formal complaint, the Philippine Overseas Employment Administration cannot on its own initiative conduct the necessary proceeding for the cancellation or suspension of the license of any private placement agency on any of the ground mentioned therein. 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. 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.

67 TRUE

68 FALSE

69 TRUE

70 TRUE

71 TRUE In the exercise by the PCGG of a quasi-judicial power, it is a co-equal body of the RTC. 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 72 FALSE granted without violating the student's rights if the award is grounded on deception. 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 73 FALSE granted without violating the student's rights if the award is grounded on deception. 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 74 FALSE delegation of legislative power. 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. 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. 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. 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.

75 FALSE

76 FALSE

77 TRUE

78 FALSE

Jurisdiction acquired at the time of filing of the administrative case is lost if the 79 FALSE respondent public official ceases to be in office during the pendency of his case. Jurisdiction acquired at the time of the filing of the administrative case is lost if the 80 FALSE respondent Public Officer dies in office during the pendency of the case. Jurisdiction acquired at the time of the filing of the administrative case is lost if the 81 FALSE respondent public official dies in office during the pendency of his case.

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Administrative Law: True or False Questions

82 FALSE

83 FALSE 84 FALSE

85 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. 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. Laws conferring powers on administrative bodies are strictly construed as a safeguard against undue delegation of legislative power. 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. 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). Maintenance fees to be collected from motorists using the expressway does not require public hearings before the Toll Regulatory Board under PD 1112. 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. 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 rulemaking body. 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. 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. 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. 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. Publication in the Official Gazette is a condition precedent before all administrative rules and regulations can take effect. Publication in the Official Gazette or a newspaper of general circulation is a condition precedent before all administrative rules and regulations may take effect. Publication in the UP Law Center is a condition precedent before rules and regulations imposing an administrative fine can take effect. Rules and Regulations imposing a penal sanction as authorized by law must be filed and registered with the U.P. Law Center. Rules and Regulations imposing a penal sanction as authorized by law must be filed and registered with the U.P. Law Center. Rules and Regulations imposing a penal sanction as authorized by law must be filed and registered with the U.P. Law Center.

86 FALSE 87 TRUE 88 TRUE

89 FALSE

90 TRUE

91 TRUE

92 TRUE

93 FALSE 94 FALSE

95 FALSE 96 TRUE 97 TRUE 98 TRUE 99 TRUE

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Administrative Law: True or False Questions

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 100 FALSE otherwise provided. Sans an express conferment in the law itself creating the administrative office, civil 101 TRUE immunity from suit cannot be granted by the administrative office. 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 102 FALSE to operate a telecommunication service system. 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 103 FALSE to operate a Telecommunications Service System. Statutes conferring quasi-legislative powers on administrative agencies are liberally construed to enable them to accomplish their legislative purpose while the grant of quasi-judicial powers, being adversarial to the respondent, is strictly construed. Tenancy relation is extinguished by the expiration of the period in a leasehold contract or by the sale of the landholding. Tenancy relation is extinguished by the expiration of the period in a leasehold contract or by the sale of the landholding. 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. 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.

104 FALSE 105 FALSE 106 FALSE 107 TRUE

108 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 109 TRUE that the law is being violated or even just because it wants assurance that it is not. 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 110 TRUE that the law is being violated or even just because it wants assurance that it is not. 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 111 TRUE that the law is being violated or even just because it wants assurance that it is not. 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 112 FALSE not the allegation of the acts complained of. 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 113 TRUE out and determined.

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Administrative Law: True or False Questions

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 114 FALSE which were the subject of audit examination by the COA. 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 115 FALSE which were the subject of audit examination by the COA. 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 116 FALSE which were the subject of audit exam by the COA. The authority of the Director of Patents to Administer the registration of trademarks including his determination on the matter of similarity and dissimilarity of tradenames, involves factual matters which may not be passed upon by the court. 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. (???) 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. 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. 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. 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. The Civil Service Law does not contemplate a review of decisions acquitting public officers from administrative charges. The Civil Service Law does not contemplate a review of decisions exonerating public officers and employees from administrative charges.

117 FALSE

118 FALSE

119 TRUE

120 TRUE

121 TRUE

122 FALSE 123 FALSE 124 FALSE

The COA and the Central Bank have concurrent jurisdiction to examine and audit 125 TRUE government banks, but the COA audit prevails over that of the Central Bank. The COA and the Central Bank have concurrent jurisdiction to examine and audit 126 TRUE government banks, but the COA audit prevails over that of the Central Bank. The Commission on Audit and the Central Bank has concurrent jurisdiction to 127 TRUE examine and audit government banks, but the COA audit prevails over that of the CB. 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 128 TRUE Bank.

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Administrative Law: True or False Questions

The constitutional grant of fiscal autonomy to a constitutional office vests it with absolute flexibility to formulate and administer its compensation system and 129 FALSE organizational structure, free from outside control and limitations. The constitutional grant of fiscal autonomy to a constitutional office vests it with absolute flexibility to formulate and administer its compensation system and 130 FALSE organizational structure, free from outside control and limitations. The death of a public officer does not preclude a finding of administrative liability and 131 TRUE thus the tribunal can still pronounce him either innocent or guilty. The death of a public officer precludes a finding of administrative liability as the 132 FALSE tribunal can no longer enforce the imposition of a sanction against him. 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 133 FALSE administrative proceedings. The death of the Public Officer does not preclude a finding of administrative liability and thus the tribunalcan still pronounce him either innocent or guilty. 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. 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. 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. (DENR?) The decision of the adjudicator on land violation and preliminary determination and payment of just compensation shall be appealable to the DARAB within 15 days from receipt of notice. 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.

134 TRUE

135 FALSE

136 FALSE

137 FALSE

138 FALSE

139 TRUE

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 140 FALSE Presidential Anti-Graft Commission for unexplained wealth. 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 141 FALSE Presidential Anti-Graft Commission for unexplained wealth. 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 142 FALSE Presidential Anti-Graft Commission for unexplained wealth. 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 143 TRUE different powers of government. 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 144 TRUE different powers of government.

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Administrative Law: True or False Questions

The DILG Secretary and not the National Police Commission- has the appellate jurisdiction over decisions rendered by the Regional Appellate Board and the National 145 TRUE Appellate Board. 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. The doctrine of res judicata does not apply to the exercise of administrative powers but only to judicial and quasi-judicial proeedings. 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. 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. 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. The filing of a motion for reconsideration is an indispensable requirement to the filing of a special civil action for certiorari. The filing of a motion for reconsideration is an indispensable requirement to the filing of a special civil action for certiorari. The filing of a motion for reconsideration is an indispensable requirement to the filing of a special civil action for certiorari.

146 TRUE 147 TRUE

148 TRUE

149 TRUE

150 TRUE 151 TRUE 152 TRUE 153 TRUE

The filing of a motion for reconsideration, even if not statutorily granted, is an 154 TRUE indispensable requirement to the filing of a special civil action for certiorari. The filing of the Implementing Rules promulgated by the administrative agency with the U.P. Law Center is the operative act that gives the rules force and effect. 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. 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. 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 executory pending appeal. 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 executory pending appeal. 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 executory pending appeal. The House and Land Use Regulatory Board has the power to interpret and apply contracts but not toaward damages which is a judicial function. 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.

155 FALSE

156 TRUE

157 TRUE

158 FALSE

159 FALSE

160 FALSE 161 FALSE 162 FALSE

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Administrative Law: True or False Questions

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 163 FALSE issuance thereof is warranted. 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 164 FALSE issuance thereof is warranted. The issuance of preliminary ex parte injunction can only be issued by the 165 FALSE administrative tribunal upon prior notice and hearing. 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. 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. 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. 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. 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. 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. 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 findings therein. The law precludes the Office of the President 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 finding therein. The law precludes the Office of the President 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 finding therein. The law precludes the Office of the President 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 finding therein. The National Police Commission has appellate jurisdiction over decisions rendered by the National Appellate Board and the Regional Appellate Board.

166 FALSE

167 FALSE

168 FALSE

169 FALSE

170 TRUE

171 TRUE

172 FALSE

173 FALSE

174 FALSE

175 FALSE 176 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 177 FALSE appropriations for all entities vested with administrative autonomy. 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 178 TRUE appropriations for all entities vested with fiscal autonomy.

11 of 17

Administrative Law: True or False Questions

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 179 TRUE appropriations for all entities vested with fiscal autonomy. 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 180 FALSE process as they were no prior notice and hearing conducted. 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 181 FALSE process as they were no prior notice and hearing conducted. The ordinary requirements of procedural due process cannot be made subordinate to 182 FALSE the necessities of protecting public interest through the exercise of police power. The ordinary requirements of procedural due process cannot be made subordinate to 183 FALSE the necessities of protecting public interest through the exercise of police power. The person aggrieved by any ruling of the COA has thirty days from his receipt of a 184 FALSE copy thereof appeal on certiorari to the Court of Appeals. The power of judicial review authorizes the Supreme Court to weigh the conflicting 185 FALSE evidence and substitute its conclusion for that of the administrative body. The power of judicial review authorizes the Supreme Court to weigh the conflicting 186 FALSE evidence and substitute its conclusion for that of the administrative body. The power to investigate anomalies cannot include the power to take testimony or 187 FALSE evidence of witnesses whose appearance maybe required by the process of subpoena. The power to investigate anomalies include the power to take testimony or evidence of witnesses whose appearance maybe required by the process of subpoena. The power to punish contempt is exercised as a safeguard for the dignity and protection of quasi-judicial officers as persons. 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 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 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 The prohibition against forum-shopping applies to a tribunal which does not exercise judicial or quasi-judicial power. The prohibition against forum-shopping applies to a tribunal which does not exercise judicial or quasi-judicial power. 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. The purpose of an admnistrative subpoena is not only to discover evidence but also to prove a pending charge.

188 FALSE 189 FALSE

190 FALSE

191 FALSE

192 FALSE 193 FALSE 194 FALSE

195 TRUE 196 FALSE

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Administrative Law: True or False Questions

The purpose of an admnistrative subpoena is not only to discover evidence but also to 197 FALSE prove a pending charge. 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 198 TRUE should be deported cannot be pre-empted by the courts in a suit for prohibition. 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. 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. The Regional State Prosecutor exercises supervision over city and provincial prosecutors and thus he may take over the preliminary investigation of a criminal case pending before the latter. The Regional State Prosecutor exercises supervision over city and provincial prosecutors and thus he may take over the preliminary investigation of a criminal case pending before the latter. The Regional Trial Court has the jurisdiction to issue an injunction to enjoin the execution of a decision of the National Labor Relations Commission. The Regional Trial Court has the jurisdiction to issue an injunction to enjoin the execution of a decision of the National Labor Relations Commission. 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).

199 TRUE

200 TRUE

201 FALSE

202 FALSE 203 FALSE 204 FALSE

205 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 206 FALSE an original action for certiorari under Rule 65 with the Court of Appeals. 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 207 FALSE an original action for certiorari under Rule 65 with the Court of Appeals. 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. 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. 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. 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 with the court.

208 FALSE

209 FALSE

210 FALSE

211 FALSE

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Administrative Law: True or False Questions

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 212 FALSE adjusted toll rates with the court. The Revised Administrative Code of 1987 does not contemplate a review of adjudications exonerating public officers and employees from administrative charges. The right against self-incrimination is available to all kinds of proceedings, whether administrative, 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. The right to appeal from adverse decision of the Ombudsman carry with it the stay of those decisions pending appeal. (????) The right to appeal from adverse decision of the Ombudsman carry with it the stay of those decisions pending appeal. (????) The right to appeal from adverse decision of the Ombudsman carry with it the stay of those decisions pending appeal. (????) The right to appeal from adverse decision of the Ombudsman carry with it the stay of those decisions pending appeal. (????) The right to appeal from adverse decision of the Ombudsman carry with it the stay of those decisions pending appeal. (????) 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. 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. The Secretary of the Interior and Local Government has the authority to pass upon the validity 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). 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. 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. The service of a copy of the decision 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. 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.

213 FALSE

214 FALSE 215 TRUE 216 FALSE 217 TRUE 218 TRUE 219 FALSE

220 FALSE

221 FALSE

222 FALSE

223 TRUE

224 FALSE

225 FALSE

226 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 227 FALSE instrumentality but excluding government-owned or controlled corporations.

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Administrative Law: True or False Questions

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 228 TRUE Exhaustion of Administrative Remedies be not timely invoked. 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 229 TRUE Exhaustion of Administrative Remedies be not timely invoked. The unsubscribed complaint filed against the public officer before the discipling authorityis not the charge contemplated in the Administrative Law and does not 230 TRUE commence the administrative proceedings but merely evidence gathering. 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 231 TRUE commence the administrative proceeding but merely a fact-finding investigation. 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 232 TRUE commence the administrative proceeding but merely a fact-finding investigation. 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 233 TRUE commence the administrative proceeding but merely a fact-finding investigation. 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. The voting that followed the deliberation on an administrative case in the Sanggunian becomes its decision after the opinion prepared by the Sanggunian member is approved and signed by the Presiding Officer. 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. There is nothing in the law creating the Bureau of Immigration providing that its decisions may be reviewed only by the Court of Appeals.

234 TRUE

235 FALSE

236 FALSE 237 TRUE

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 petition 238 FALSE and the oppositor was not given the opportunity to question said motion for revival. 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 239 FALSE oppositor Extelcom was not given the opportunity to question said motion for revival. 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 240 TRUE question said motion for revival. There is no denial of procedural and substantive due process even if the law does not 241 TRUE allow the aggrieved party to appeal froman adverse administrative decision.

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Administrative Law: True or False Questions

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 242 TRUE question said motion for revival 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 asserting 243 TRUE the same rights and seeking similar relief arising from the same facts. There is nothing in the law creating the Bureau of Immigration providing that its 244 TRUE decisions may be reviewed only by the Court of Appeals. 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 245 FALSE Administrative Register. 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 be complete 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. Under existing jurisprudence, the right to appeal from adverse decisions of the Ombudsman carry with it the stay of these decisions pending appeal. University of the Philippines falls within the term Government of the Republic of the Philippines. 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.

246 TRUE 247 FALSE 248 FALSE

249 TRUE

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 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 253 TRUE jurisdiction. 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 be 254 TRUE conducted. 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 255 TRUE it cannot be exercised in furtherance of administrative functions. 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 256 TRUE it cannot be exercised in furtherance of administrative functions.

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Administrative Law: True or False Questions

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 257 TRUE it cannot be exercised in furtherance of administrative functions. 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 NOT notice to the OGCC and such 258 FALSE absence of notice to the OGCC does not start the running of the period for appeal. 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 259 TRUE decision. 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 260 TRUE conducted.

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