Administrative Law

True or False exam (2006)

FALSE __________ 1. The general rule is that the decisions of the Civil Service Commission (CSC) under the Civil Service
Law and the Sanggunians under the Local Government Code are not yet final and executor pending
appeal.
FALSE __________ 2. 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.
TRUE __________ 3. Where the GOCC is represented in the final court by the Office of the Government Corporate
Counsel (OGCC) in collaboration with its in-house Legal Service Division (LSD), 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 decision.
FALSE __________ 4. The Securities and Exchange Commission (SEC) – and not the Regional Trial Court (RTC) has the
original and exclusive jurisdiction to hear and decide an intra-corporate controversy between the
homeowners and the homeowner’s association.
TRUE __________ 5. 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.
FALSE __________ 6. Publication in the Official Gazette or in a newspaper of general circulation is a condition precedent
before all administrative rules and regulations can take effect.
FALSE __________ 7. 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 grounds mentioned therein.
FALSE __________ 8. 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 delegation of legislative power.
FALSE __________ 9. 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.
FALSE __________ 10. 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 owner.
TRUE __________ 11. A decision rendered by the 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.
TRUE __________ 12. In the absence of a legal provision requiring administrative step, the party aggrieved may go to court
for relief without resorting to the principle of exhaustion of administrative remedies.
TRUE __________ 13. 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 appropriations for all entities
vested with fiscal autonomy.
FALSE __________ 14. The approval and/or clearance by the COA of a government agency’s expenditure 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 which are the subject of audit examination by
the COA.
TRUE __________ 15. 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 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 with it no command
that a quasi-judicial hearing be concluded.
FALSE __________ 16. The remedy of an interested Expressway user who complains that the provisional toll rates are
exorbitant, oppressive or onerous is to file a petition for review of adjusted toll rates with the courts.
TRUE __________ 17. A conclusion drawn from facts is a conclusion of law which the courts may review.
FALSE __________ 18. The death of the public officer precludes the finding of administrative liability inasmuch as he could
not anymore exercise his right to confront his accuser which is essential in administrative
proceedings.
TRUE __________ 19. There is no denial of procedural due process where the National Telecommunications Commission
(NTC) issued an order granting the motion of Bayantel for the revival of its archived application and
the oppositor Extelcom was not given the opportunity to question said motion for revival.
FALSE __________ 20. 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.
TRUE __________ 21. 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.
TRUE __________ 22. 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
proceedings but merely a fact-finding investigation.
FALSE __________ 23. The Regional State Prosecutor exercises supervision over city and provincial prosecutors and thus he
may take over the preliminary investigation of criminal case pending before the latter.
FALSE __________ 24. The term agency of the government under the 1987 Administrative Code refers to any various units
of the Government, including a department, bureau, office or instrumentality, but excluding
government owned and controlled corporations.