University of Pangasinan

Dagupan City, Pangasinan

ADMINISTRATIVE LAW
Mid Term Examination
April 17, 2021

Student Name: LEO S. PALAGANAS JR.

Answer No. 1:

If I were the judge, I will dismiss the case and remand it to the proper
administrative agency vested with competence to determine whether or not X’s is
lacked of qualifications for the position. This is in accord with the principle of
doctrine of primary jurisdiction which provides that relief must be first obtained in
an administrative proceeding before remedy is supplied by the courts.

Answer No. 2:

Yes. The action of the applicant will prosper. In accordance with the legal principle
in administrative law, an administrative decision may be appealed to the courts of
justice if the issues to be reviewed involve questions of law.

In the given case, there is a clear showing of a question of law for the reason that
citizenship is a legal question which may the court acquires jurisdiction to try the
case.

Answer No. 3:

If I were the judge, I will dismiss the case for the reason being the court has no
jurisdiction to try the case since it is a private even which does not involve any
government agency, instrumentality or unit. The power of judicial review of the
court under the precepts of administrative law only governs the exercise of quasi-
judicial power of an administrative body or agency.

Answer No. 4:

No. The Court may not properly interfere with the action of the Board of Special
Inquiry. Well settled is the rule under the Doctrine of Separation of Powers,
Agencies have particular expertise over matters which they can effectively decide.
After said Agency have made their own independent consideration, it is only the
time that the courts may properly interfere by reviewing the said decision. The
court must respect the administrative agency’s power to exercise investigatory
power.
Answer No. 5

If F secured my services as a lawyer, I will file a suit to declare the fine charged with
my client void. This is for the reason being that the Implementing Rules and
Regulations which provides for a fine of P5,000.00 and an administrative charge is
not within the scope of the ordinance passed by the congress. Under the concept of
administrative law, an administrative agency cannot impose a fine that is not
specified or authorized by the statute being delegated for its implementation.

Answer No. 6:

As a general rule, Department Orders and Circulars must be published to become

effective if their purpose is to enforce or implement existing law or pursuant to a
valid delegation. However, if such were issued only as an interpretative rules and
regulations or issued only to regulate the personnel of an administrative agency,
publication may be dispensed with, they may be simply posted in conspicuous places
in the administrative agency itself.

Answer No. 7.1:

Yes. The action of X will prosper. Under the judicial power of the court, it may take
cognizance of a case even if it was first lodged to an administrative agency if there is
a clear showing of issues posed as a question of law.

In the given case, registration of patent is considered as a question of law by the

Supreme Court, thus action may prosper. It is also worthy to note that X
application is supported with substantial evidence and has already exhausted all the
administrative remedies he may have under the law, yet he failed. There being, a
resort to a court action is only proper.

Answer No 7.2.

Y cannot submit a substantial evidence to the court once the latter acquires
jurisdiction over the case. The court cannot receive evidence which was not
previously presented in the administrative proceedings. The Court, in allowing that,
is deemed encroaching with the administrative agency’s exercise of quasi-judicial
power.

Answer No. 8:

No. The action of G will not prosper. Under the doctrine of exhaustion of
administrative remedies, recourse through court action cannot prosper until after
all such administrative remedies first have been exhausted.
In the given case, G having not received any action by Division Superintendent, may
still file a protest against the Department of Education Secretary or with the Civil
Service Commission. Hence, G’s cause of action of filing a suit with the CFI is of no
moment since G had not exhausted all administrative remedies it had.

Answer No. 9:

The doctrine of alter ego provides that the heads of the various executive
departments are the alter egos of the President. Thus, the actions taken by such
heads in the performance of their official duties are deemed the acts of the President
unless the President himself should disapprove such acts. 
At present time, doctrine of alter ego is not anymore practiced in the Philippine for
the reason being that the Supreme, in its jurisprudence, declared the said doctrine is
not applicable with the current set-up of the Philippine Government.

Total 100 pts

GOOD LUCK………..

Judge Renato D. Pinlac

Professor