Marilou D.

Agustin

14. Identify which one is an invalid exercise of the legislative power:

a. legislation by local government on purely local matters;

b. law granting an administrative agency the power to define policy
and fix standards on price control;
c. law authorizing the President, in times of war or other national
emergency, for a limited period, subject to prescribed restrictions,
to exercise powers necessary and proper to carry out a declared
national policy;
d. law authorizing the President to fix, within specific limits, tariff
rates, import and export quotas, and other duties, within the
framework of the national development program of the
government.
e.

ANSWER: (b)

Law granting an administrative agency the power to define policy and

fix standards on price control is an invalid exercise of the legislative
power.

The Supreme Court decided in US. V. Tang Ho that the legislature

cannot delegate its power to make a law, but it can make a law to
delegate a power to determine some fact or state of things upon
which the law makes, or intends to make, its own action to depend.

Thus, letter (b) should be the best answer.

15. Which one of the following theories does not support the valid
delegation of authority by the Congress to an administrative agency:

a. an administrative agency may "fill up the details" of a statute;

b. the legislature may leave to another body the ascertainment of

facts necessary to bring the law into actual operation;
 c. an administrative agency has equal expertise with the
legislature in crafting and implementing laws;

d. contingent legislation.

ANSWER: (c)

In ABAKADA v. Purisima, it is decided by the Supreme Court that for it

to be sufficient, the standard must specify the limits of the delegate’s
authority, announce the legislative and identify the conditions under
which it is to be implemented.

For a valid delegation of quasi legislative or rule making power it must

satisfy the requisites of a completeness test and sufficient standard
test.

Thus, C is the best answer.

33. The totality of governmental power is contained in three great

powers:

a. police power, power of sequestration, power of foreign policy;

b. power of immigration, municipal power, legislative power;
c. executive power, legislative power, judicial power;
d. police power, power of eminent domain, power of taxation.

ANSWER: C

It is provided in the doctrine of separation of powers that the legislation

belongs to Congress, execution to the Executive and settlement of legal
controversies to the Judiciary.

Therefore, it refers to the division of government responsibilities into

distinct branches to limit any one branch from exercising the core
function of another.
82. One of the cardinal primary due process rights in administrative
proceedings is that evidence must be "substantial." "Substantial
evidence" is:

a. less than a mere scintilla;

b. less than preponderant scintilla;

c. more than a glint of scintilla;

d. more than a mere scintilla.

ANSWER: (d) Substantial evidence is more than a mere scintilla.

In the case of Ang Tibay v. CIR it was provided that substantial evidence is
more than a mere scintilla It means such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion.

Not only must there be some evidence to support a finding or conclusion,

but the evidence must be "substantial."

Hence, the best answer is (d)

83. A statutory provision requiring the President or an administrative

agency to present the proposed implementing rules and regulations of a
law to Congress which by itself or through a committee formed by it,
retains a "right" or "power" to approve or disapprove such regulations
before they may take effect, is a:

a. legislative encroachment;

b. legislative veto;
 c. legislative oversight;

d. legislative scrutiny.

ANSWER: (b)

Legislative veto was defined in Abakada v. Purisima as a statutory provision

requiring the President or administrative agency to present the proposed
implementing rules and regulations of a law to Congress which, by itself or
through a committee formed by it, retains a “right” or “power” to approve or
disapprove such regulations before they take effect.

Thus, (b) is the best answer.

84. Which one of the enumeration below does not come under the
Administrative Code definition of a "rule":

a. agency statement of general applicability that implements or

interprets a law;

b. fixes and describes the procedures in or practice requirements of,

an agency;

c. includes memoranda and statements concerning internal

administration;

d. an agency process for the formulation of a final order.

ANSWER: (d) Section 2 Book VII

In Section 2 (2) Book VII of the Administrative Code, Rules is defined as a means
by any agency statement of general applicability that implements or interprets
a law, fixes and describes the procedures in, or practice requirements of, an
agency, including its regulations. The term includes memoranda or statements
concerning the internal administration or management of an agency not
affecting the rights of, or procedure available to, the public

Thus, (d) is the best answer since it does not come under the definition of
the provision.
 85. Under the Administrative Code, "adjudication" means:
a. whole or any part of any agency permit, certificate, or other form
of permission, or regulation of the exercise of a right or privilege;
b. an agency process for the formulation of a final order;
c. agency process for the formulation, amendment, or repeal of a
rule;
d. agency process involving the grant, renewal, denial, revocation or
conditioning of a license.

ANSWER: (b)

It is defined in Section 2 (9) that “Adjudication” means an agency process

for the formulation of a final order.

Thus, (b) is the best answer.

86. The requirement of the Administrative Code on "public

participation" is that, if not otherwise required by law, an agency shall:
a. in all cases, publish or circulate notices of proposed rules and
afford interested parties the opportunity to submit their views
prior to the adoption of any rule;
b. in all clear and proper cases, publish or circulate notices of
proposed rules and afford interested parties the opportunity to
submit their views prior to the adoption of any rule;
c. as far as practicable, publish or circulate notices of proposed rules
and afford the party-list parties the opportunity to submit their
views prior to the adoption of any rule;
d. as far as practicable, publish or circulate notices of proposed rules
and afford interested parties the opportunity to submit their
views prior to the adoption of any rule.

ANSWER: (d)

It is provided in Book VII Administrative Code that If not otherwise

required by law, an agency shall, as far as practicable, publish or circulate
 notices of proposed rules and afford interested parties the opportunity to
submit their views prior to the adoption of any rule

Therefore the best answer is letter (d)

87. Under the Administrative Code, in the fixing of rates, no rules or

final order shall be valid unless:
a. the proposed rates shall have been submitted to the U.P. Law
Center for publication at least two weeks before the first hearing
thereon;
b. the proposed rates shall have been published in the Official
Gazette at least two weeks before the final hearing thereon;
c. the proposed rates shall have been published in a newspaper of
general circulation at least two weeks before the first hearing
thereon;
d. the proposed rates shall have been published in a newspaper of
general circulation at least two weeks before the final hearing
thereon.
e.

ANSWER: (c)

It is provided under Section(2) that in the fixing of rates, no rule or

final order shall be valid unless the proposed rates shall have been
published in a newspaper of general circulation at least two (2) weeks
before the 1st meeting thereon.

Hence, the best answer is letter C.

88. In the judicial review of decisions of administrative agencies, the

Administrative Code requires that the review shall be made:
a. on the basis of the pleadings taken as a whole;
b. on the basis of the record taken as a whole;
c. on the basis of the evidence taken as a whole;
d. on the basis of the memoranda taken as a whole.
 ANSWER: (b)

It is provided in Book VII, Chapter 4 Section 25 (7) that Judicial review

shall be made on the basis of the record takes as a whole. The findings of
the agency when supported by substantial evidence shall be final except
as specifically provided otherwise by law.

Therefore, letter (b) is the best answer.

89. In the judicial review of decisions of administrative agencies, the

Administrative Code requires that, except when specifically provided
otherwise by law:
a. the findings of law of agency when supported by substantial
evidence, shall be final;
b. the findings of fact of the agency when supported by
preponderant evidence, shall be final;
c. the findings of fact of the agency when supported by substantial
evidence, shall be final;
d. the findings of law of the agency when supported by credible
evidence, shall be final.

ANSWER: (b)

In here, it is the same answer as to item 88.

Book VII, Chapter 4 Section 25 (7) that Judicial review shall be

made on the basis of the record takes as a whole. The findings of the
agency when supported by substantial evidence shall be final except as
specifically provided otherwise by law.

Therefore, letter (b) is the best answer.