2nd Exam

Administrative Law

False

1. Like the review of administrative decision by superior administrative authority, judicial review of said decision is

not a trial de novo because the reviewing tribunal merely determines whether or not the findings are in

violation of the Constitution or the laws.

False 2. 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.

False 3. The power of general supervision of the Chief Executive extends to the Liga ng mga Barangay but not to the

National Liga Board.

False 4. 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.

True

5. 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, nonetheless, the ground of lack

of education may not be placed in the same category so as to justify non-compliance with the doctrine.

False

6. The review as an act of control and supervision by the Justice Secretary over fiscals finds basis in the doctrine

of primary jurisdiction which holds that initial steps be done at the administrative level and not before the

courts.

False 7. The RAC of 1987 does not contemplate a review of adjudications exonerating public officers and employees

from administrative charges.

True

8. A review by the court of an administrative finding is limited to the evidence presented and excludes the

presentation of evidence aliunde, despite the claim by the petitioner that reinvestigation of the grantees financial capability and track record is essential to the proper determination of the case.

False 9. The remedy of an aggrieved public officer who is reassigned by his superior to a workplace different from that

specified in his appointment paper is an action for prohibition and injunction in court.

True 10. The doctrine of qualified political agency does not apply to the Commission on Human Rights and the Office

of the Ombudsman, but applies to the National Police Commission and the National Bureau of Investigation.

False

11. 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 RA

6770.

True 12. A conclusion drawn from facts is a conclusion of law which the courts may review.

False 13. The general rule is that the decisions of the Civil Service Commission under the CS Law and the Sanggunian

under LGC are not yet final and executory pending appeal.

False

14. A logical consequence of finding guilt in the criminal case, which demands proof beyond reasonable doubt,

is that the requirement of substantial evidence is more than satisfied in the administrative case, the same facts

and circumstances being attendant in both proceedings.

False 15. The RTC upon finding of the commission of abuse has the jurisdiction to issue an injunction to enjoin the

execution of a decision of the NLRC.

False

16. Even when 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.

False 17. Tenancy relation is extinguished by the expiration of the period in a leasehold contract, or by the sale of

landholding.

True

18. No other entity of government, not even an investigative office, has competence to charge criminally a judge

for rendering an erroneous judgment unless there is such judicial pronouncement originating either from an

action of certiorari or prohibition in higher court.

True 19. A decision rendered by the PARO and confirmed by DAR Secretary upon the factual finding of tenancy is not

conclusive and subject to review by the court.

False

20. The National Police Commission exercises administrative supervision and operational control over the

Philippine National Police, including the authority to examine and audit the performance and activities of all

police agencies.

False 21. The issue of right of way or easement over private property, as a necessary incident of tenancy relations, is

exclusively within the jurisdiction of the DARAB and not of the court.

True 22. There is nothing in the law creating the Bureau of Immigration providing that its decisions may be reviewed

only by the Court of Appeals

False 23. The presidential power of supervision over local governments includes not only the authority to ensure that

rules are followed, but to lay down such rules and modify or replace them.

False 24. The RSP exercises supervision over city and provincial prosecutors and thus he may order the preliminary

investigation of a criminal case pending before the latter.

False

25. The remedy of an aggrieved party from resolutions of the Ombudsman finding 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.

False 26. The authority of the Director of patents to administer the registration of trademark, including his determination

on the matter of similarity and dissimilarity of trade names, involves factual matters which may not be passed

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DemrevPrivate land - court!

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DemrevMR or appeal!

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upon by the courts.

False

27. Jurisdiction over the case may be lost upon the instance of the parties and with the acquiescence of the

tribunal originally taking cognizance of the case, provided further that there is subsequent openness by the

co-equal competent body to transfers the case to its office.

False

28. A decision needs to have a complete recital of the evidence in order to satisfy the cardinal primary right that

the decision must be rendered in such manner that the parties can know the various issues involved and the

reason for the decision rendered.

False

29. The Securities and Exchange Commission and no other tribunal has the original and exclusive jurisdiction to

hear and decide an intra-corporate controversy between the homeowners and the homeowners association.

False

30. An adjudicatory proceeding consists of gathering and evaluating evidence including the issuance of

subpoenas for the production of relevant documents, conducting hearings and determining the facts based

upon the evidence presented

True

31. 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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DemrevSubstantial compliance!

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