MCQs in ADMINISTRATIVE LAW

By Dean Hilario J ustino F. Morales, Powerhaus Review Center

01. Which of the following is not an agency of
the government?
A) Department of Public Highways
B) Land Transportation Office
C) Philippine Ports Authority
D) Land Bank of the Philippines

02. The power of an officer to alter, modify,
nullify or set aside what a subordinate had
done in the performance of his duties and to
substitute his judgment with that of the
latter.
A) power for control
B) power of supervision
C) power of investigation
D) power of subordinate legislation
E) quasi-judicial power

03. The power to see that his subordinates
perform their duties (see no. 02)

04. The power to gather, organize and analyze
evidence in order to make findings of fact.
(see no. 02)

05. The power of administrative agencies to
promulgate rules and regulations, with force
and effect of a law, on matters of their own
specialization. (see no. 02)

06. The power of administrative authorities to
make determination of facts in the
performance of their official duties and to
apply the law as they construe it to the facts
so found. (see no. 02)

07. The quantum of evidence required in
administrative proceedings.
A) mere preponderance of evidence
B) substantial evidence
C) proof beyond reasonable doubt
D) any of them

08. Before a party can in a detainer suit can
invoke the jurisdiction of the courts of
justice, he must first comply with Section
412 of the Local Government Code on the
need for prior barangay conciliation
proceedings. This is known as the doctrine
of
A) Exhaustion of Administrative Remedies
B) Preliminary Jurisdiction
C) Finality of Administrative Action
D) Finality of Judgment

09. When Courts cannot arrogate itself the
authority to resolve a controversy the
jurisdiction of which is initially lodged with an
administrative body of special competence.
This is known as the principle of (see no.
08)

10. Before resort to courts are allowed,
administrative action has to be completed so
that nothing is left to be done in the
administrative structure. This is the doctrine
of (see no. 08 )

11. The effect of the plaintiffs failure to avail of
administrative remedies when so required
by law is that
A) the case is vulnerable to dismissal
B) the judicial proceedings shall be
suspended
C) the plaintiff shall be declared in default
D) the plaintiff may be cited in contempt

12. The effect of the plaintiffs failure to avail of
preliminary resort (see no. 11)

13. An action of claims for damages does not
require exhaustion of administrative
remedies because
A) the case involves the doctrine of qualified
political agency
B) the issue raised involves a purely legal
question
C) there is a violation of due process
D) public policy is involved.

14. Due process in the exercise of an
administrative agencys quasi- legislative
power requires
A) publication of the promulgated rules and
regulations
B) compliance with the requirement of notice
and hearing
C) right to formal investigation
D) right to assistance of counsel.

15. Due process in the exercise of an administrative
bodys quasi-judicial power requires
A) publication of the promulgated rules and
regulations
B) compliance with the requirements of
notice and hearing
C) full and actual adversarial proceedings
D) all of the above.

16. A trial-type proceeding in administrative
cases becomes mandatory if
A) the case involves adjudicative facts at
issue
B) the testimony of a witness is vague and
requires clarificatory questions
C) the rules of procedure so provides
D) all of the above.

17. The Acting DOLE Secretary ordered BTC Inc. to
include the commission paid its sales
representatives in the computation of the
13
th
month pay due them in accordance with
the published Revised Guidelines on the
Implementation of the 13
th
Month Pay Law.
BTC Inc. questioned the validity of the order
contending that the concept of basic salary
as defined in PD 851 is the rate of pay for
the standard work period exclusive of
additional payments as bonuses and
overtime. Is the DOLE Guidelines valid?
A) it is not because it amended the law.
B) it is because it is duly published.
C) it is because it is reasonable and within
the purview of the law.
D) it is not because there was no notice
served and hearing conducted by the
DOLE.

18. Exercises judicial review over the final
decisions of the COMELEC, COA, and
Ombudsman in criminal cases
A) Supreme Court
B) Court of Appeals
C) Court of Tax Appeals
D) Regional Trial Court

19. Exercises judicial review over the final
decisions of the NLRC, Office of the
President, Securities and Exchange
Commission and Ombudsman in
administrative cases (see no. 18)

20. Exercises judicial review over the decisions
of the BIR, Bureau of Customs, CBAA (see
no. 18)

21. Exercises appellate jurisdiction over the
decisions of the NAPOLCOM on police
disciplinary matters
A) DILG Secretary
B) Civil Service Commission
C) Office of the President
D) Court of Appeals

22. Exercises original and exclusive jurisdiction
to hear and decide cases involving intra-
corporate controversies
A) Securities and Exchange Commission
B) Court of Appeals
C) Regional Trial Court
D) DTI Secretary

23. Exercises primary jurisdiction over such
petitions for corrections of clerical errors and
change of first names or nicknames A)
Local Civil Registrar B) National Civil
Registrar C) National Statistics Office D)
Regional Trial Court

24. Exercises original jurisdiction on the seizure
and forfeiture proceedings of dutiable goods
A) Collector of Customs
B) Commissioner of Customs
C) Court of Tax Appeals
D) Finance Secretary

25. Exercises appellate jurisdiction over the
decisions of labor arbiters
A) Regional Trial Court
B) National Labor Relations Commission
C) Labor Secretary
D) Court of Appeals

26. A legal standing which seeks to restrain the
government from improvidently spending
public funds
A) Concerned Citizens Standing
B) Legislators Standing
C) Taxpayers Suit
D) Association Suit

27. A legal standing which is justified by the fact
that the prerogative of Congress is infringed
upon by the President (see no. 26)

28. A legal standing which raises issues of
transcendental importance (see no. 26)

29. An administrative agencys determinative
power of permitting the doing of an act
which the law undertakes to regulate and
which would be unlawful without
government approval
A) Directing
B) Summary
C) Examining
D) Enabling

30. The principle of res judicata applies to
administrative cases
A) if proceedings are non-litigious
B) if it involves the exercise of purely
administrative functions
C) if proceedings are quasi-judicial in
character
D) if proceedings are summary in nature

_31. The Supreme Court declared unconstitutional
the creation of the Truth Commission by
President Aquino primarily because the
creation violated
A) the due process clause
B) the equal protection clause
C) non-delegation of power principle
D) all of them

_32. The Truth Commission was created by virtue of
A) constitutional provisions
B) legislative enactment
C) authority of law
D) only A & B

_33. Congress created XYZ, an administrative
agency and conferred the same with judicial
power and power of judicial review. Is the
creation of XYZ valid?
A) Yes, because XYZ is created by law
B) Yes, because Congress is authorized to
confer jurisdiction on administrative bodies
C) No, because the creation of XYZ violated
separation of powers
D) No, because the creation violated non-
delegation of powers E) both C & D

_34. Quasi-legislative powers of administrative
agencies does not embrace
A) rule-making
B) power to amend or repeal administrative
rules
C) discretion to determine what the law shall
be
D) authority to fix details in the enforcement
of a legislative policy.


_35. Which of the following is a legislative regulation?
A) OMB-DOJ joint circular outlining the
authority and responsibility among
prosecutors in the conduct of
preliminary investigation
B) Memorandum Order providing for
automatic review of the decision of
the Collector of Customs if
adverse to the Government
C) Revenue memorandum Circular
interpreting the Tobacco Inspection Law
D) Dept Circular regulating a public
corporation under the control of
the Department of National
Defense
E) none of them

_37. Which of the above cited issuances needs
publication? (see no. 37)

_38. Which of the following is not a quasi-judicial
power?
A) primarily to decide questions of legal
rights between parties
B) determination of what the law is
C) determination of the legal rights of
contending parties incidental only to
regulation
D) determination of facts obtaining the
adjudication of rights

_39. Which of the following agencies is not conferred
with adjudicatory powers?
A) Commission on Human Rights B)
Cooperative Development Authority
C) Central Board of Assessment Appeals
D) all of them E) none of them

_40. Which of the following agencies cannot grant
immunities from criminal and civil
prosecutions? A) Presidential Commission
on Good Government B) COMELEC
C) Commission on Human Rights D)
Cooperative Dev,t Authority E) none of
them

_41. Which of the following agencies can cite for
contempt? A) COMELEC
B) Commission on Human Rights C)
Cooperative Development Authority
D) none of them E) all of them

_42. Can the Commissioner on Immigration and
Deportation issue an order of arrest of an
alien? A) Yes, to carry out a final order of
deportation
B) Yes, in order for the alien to appear and
show cause why he should not be deported
C) No, only a judge can issue a warrant
D) No, the issuance of the warrant does not
apply to administrative agencies


_43. An action of claims for damages does not
require exhaustion of administrative
remedies because it involves A) the
doctrine of qualified political agency B) a
purely legal question C) violation of due
process D) public policy

_44. BASAGULERO, a sophomore student of the
XYZ College, is undergoing administrative
investigation for allegedly breaking and
destroying the computer units of the
Registrars Office. Which of the following
rights is not available to BASAGULERO?
A) notice and hearing B) assistance of
counsel C) cross examination D) against
self-incrimination E) none of them F) only
A & B

Suggested Answers:
1.D 2.A 3.B 4.C 5.D 6.E 7.B 8.A 9.B 10.C 11.A
12.B 13.B 14.A 15.B 16.D 17.A 18.A 19.B 20.C
21.A 22.C 23.A 24.A 25.B 26.C 27.B 28.A 29.D
30.C