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Republic of the Philippines

CAGAYAN STATE UNIVERSITY


Tuguegarao City, Cagayan
College of Public Administration
-----------------------------------
FINAL EXAMINATION
(ADMINISTRATIVE LAW)
PA 218 – MPA PCL - LA

Name: Score: ______________________


Date: Rating: ______________________
===========================================================
PART I – MULTIPLE CHOICE
Instruction: Choose the correct answer from the given choices and write your answers in the
answer sheet provided.

1. The President shall have ________ of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully enforced.
A. Control
B. Supervision
C. Both control and supervision
D. The power
E. None of the above

2. It refers to any of the various units of the Government, including a department, bureau,
office, instrumentality, or government-owned or controlled corporations, or a local
government or a distinct unit therein.
A. Agency of the Government
B. National government
C. Government of the Republic of the Philippines
D. Local Government
E. Government-Owned and Controlled Corporation

3. The effect of failure to exhaust administrative remedies is___.


A. Jurisdiction of the court is affected
B. The complaint is vulnerable to dismissal due to lack of cause of action
C. The complaint shall be dismissed
D. The complainant shall be cited in contempt
E. Both a and c

4. The findings of facts of Administrative Agencies are accorded great weight by the Courts.
A. True
B. False
C. Partially True
D. Partially False

5. The PNP’s function relative to the issuance of permit to carry firearms demonstrates its-
A. Regulatory power
B. Dispensing power
C. Legislative power
D. Summary power
E. Executive Power

6. Courts cannot and will not resolve a controversy involving a question which is within the
jurisdiction of an administrative tribunal, especially where the question demands the
exercise of sound administrative discretion requiring the special knowledge, experience
and services of the administrative tribunal to determine technical and intricate matters of
fact is referred to as –
A. Exhaustion of Administrative Remedies
B. Doctrine of Prior Resort
C. Doctrine of Judicial Review
D. Substantial Evidence
E. Res Judicata

7. This can be exercised against persons by administrative body who refuse to cooperate
with the said body, or who unduly withhold relevant information, or who decline to honor
summons, and the like, in pursuing its investigative work.
A. Contempt
B. Civil disobedience
C. Unlawful resistance
D. Desistance
E. Both a and c

8. The power of an administrative body to PERMIT the doing of an act which the law
undertakes to regulate and would be unlawful without government approval.
A. Enabling powers
B. Dispensing powers
C. Directing powers
D. Summary powers
E. Equitable powers

9. Governmental power is to be exercised in accordance with the principle that civilian


authority is, at all times, supreme over the military.
A. True
B. False
C. Partially True
D. Partially False
E. None of the above

10. It is the power of administrative authorities to make determinations of facts in the


performance of their official duties and to apply the law as they construe it to the facts so
found. The exercise of this power is only incidental to the main function of administrative
authorities, which is the enforcement of the law.
A. Rule-making power
B. Determining power
C. Quasi-judicial power
D. Quasi-legislative power
E. All of the above

11. The PNP entered into contract with ABC Corporation for the supply of rifles to around 1,500
police officers in Northern Luzon Command. The contract provides that in the event of
breach, action may be filed in the proper court in Manila. Suppose the PNP fails to pay for
delivered rifles where must ABC Corporation file its claim?
A. PNP Headquarters
B. Regional Trial Court –Manila
C. Commission on Audit
D. DILG
E. Supreme Court

12. Regulatory agencies, chartered institutions and government-owned or controlled


corporations are included as government instrumentality.
A. True
B. False
C. Partially True
D. Partially False
E. None of the above

13. Does the Commission of Human Rights have the power to adjudicate?
A. Yes, because it is vested with judicial power.
B. No, because CHR is not a quasi-judicial agency.
C. No, because CHR belongs to the executive department.
D. Yes, because CHR is constitutionally mandated.
E. Both b and c

14. A body, other than the courts and the legislature, endowed with quasi-legislative and quasi-
judicial powers for the purpose of enabling it to carry out laws entrusted to it for
enforcement or execution is known as –
A. Political agency
B. Government of the Republic of the Philippines
C. Administrative agency
D. Agency of Primary Jurisdiction
E. Both a and b

15. In the exercise of quasi-judicial power, administrative agencies requires such kind of
relevant evidence which a reasonable mind might accept as adequate to support a
conclusion is referred to as –
A. Proof beyond reasonable doubt
B. Clear and convincing evidence
C. Probable cause
D. Substantial evidence
E. Circumstantial evidence
16. Which statement supports the effect of failure to exhaust administrative remedies?
A. Jurisdiction of the court is not affected but the complaint is vulnerable to dismissal
due to lack of cause of action.
B. Jurisdiction of the court is affected but the complaint is not vulnerable to dismissal
due to lack of cause of action.
C. Dismissal of the complaint due to lack of jurisdiction.
D. Complainant shall waive presentation of his/her evidence
E. Public officials shall be subject to disciplinary actions for failure to exhaust
administrative remedies.

17. The statement that the court cannot arrogate unto itself the authority to resolve a
controversy, the jurisdiction over which is lodged with an administrative body of special
competence described the doctrine of –
A. Prior resort (primary jurisdiction)
B. Judicial Review
C. Exhaustion of Administrative Remedies
D. Assimilation of Facts
E. None of the above

18. Which statement best describes the Doctrine of Exhaustion of Administrative Remedies?
A. availment of administrative remedy entails lesser expenses
B. it provides for a speedier disposition of controversies
C. It gives the administrative agency concerned every opportunity to correct its error
and to dispose of the case
D. it is a pre-condition that should be availed of all the means of administrative
processes before a party is allowed to seek judicial relief.
E. All of the above

19. The following are sources in creating administrative agencies except-


A. by constitutional provision
B. by legislative enactment
C. by authority of law
D. by exercise of the right of suffrage
E. none of the above

20. Administrative agencies are given powers such as rule-making, adjudicatory power and
determinative power. By what authority of the government are these powers conferred?

A. Incidental to their creation


B. Delegation
C. Inherent power
D. Residual
E. All of the above

21. The power of administrative bodies to promulgate rules and regulations is only limited to
carrying into effect what is provided in the legislative enactment is referred to as-

A. Subordinate legislation
B. Superior rule making power
C. Delegated legislation
D. Administrative legislation

22. It is an administrative regulation that pertains to the construction or interpretation the


provisions of a statute to be enforced and they are binding on all concerned until they are
changed.

A. Interpretative legislation
B. Supplementary legislation
C. Contingent Legislation
D. Regulatory Legislation

23. In any contested case, the agency shall have the power to require the attendance of
witnesses or the production of books, papers, documents and other pertinent data.

A. Contempt power
B. Subpoena power
C. Incidental power
D. Adjudicatory power
24. The following are the powers of administrative bodies except-
A. rule-making power
B. quasi-judicial power
C. investigatory body
D. none of the above

25. The following administrative bodies are created by constitutional provisions except-

A. CSC
B. COA
C. COMELEC
D. CHR
E. none of the above

Part II.
Direction: State which of the following is a government agency or a government instrumentality.
A. Department of Public Works and Highway
B. BangkoSentralngPilipinas
C. Cagayan Economic Zone Authority
D. Land Transportation Office
E. Land Bank of the Philippines

Part III. Essay


1. Do administrative agencies/bodies have the discretion whether or not to implement the
law? (15pts)

2. President Rodrigo Duterte has ordered the abolition of the Presidential Commission on
Urban Poor due to poor work performance and alleged corruption. The Palace
announcement came after Duterte said in a previous speech that he would sack an entire
commission on Monday over allegations of corruption among its officials. The written
memorandum on the abolition has not been issued. Is the abolition legal? Explain. (20pts)

THAT IN ALL THINGS GOD MAY BE GLORIFIED!

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