Page 1 of 42

2003 ADMINISTRATIVE LAW RELATED BAR QUESTIONS

1. The President abolished the Office of the Presidential Spokesman in Malacanang Palace and a
long-standing Bureau under the Department of Interior and Local Governments. The employees
of both offices assailed the action of the President for being an encroachment of legislative
powers and thereby void. Was the contention of the employees correct? Explain.
Suggested Answer:
The contention of the employees is not correct. As held in Buklod ng Kawaning EHB v. Zamora.
360 SCRA 718 [2001], Section 31, Book III of the Administrative Code of 1987 has delegated to
the President continuing authority to reorganize the administrative structure of the Office of the
President to achieve simplicity, economy and efficiency. Since this includes the power to abolish
offices, the President can abolish the Office of the Presidential Spokesman, provided it is done in
good faith. The President can also abolish the Bureau in the Department of Interior and Local
Governments, provided it is done in good faith because the President has been granted
continuing authority to reorganize the administrative structure of the National Government to
effect economy and promote efficiency, and the powers include the abolition of government
offices. (Presidential Decree No. 1416, as amended by Presidential Decree No. 1772; Larin v.
The Executive Secretary. 280 SCRA 713 [1997]).

2004 ADMINISTRATIVE LAW RELATED BAR QUESTIONS
None






Page 2 of 42

2005 ADMINISTRATIVE LAW RELATED BAR QUESTIONS

1. Squatters and vendors have put up structures in an area intended for a Peoples Park, which
are impeding the flow of traffic in the adjoining highway. Mayor Cruz gave notice for the
structures to be removed, and the area vacated within a month, or else, face demolition and
ejectment. The occupants filed a case with the Commission on Human Rights (CHR) to stop the
Mayors move. The CHR then issued an order to desist against Mayor Cruz with warning that
he would be held in contempt should he fail to comply with the desistance order. When the
allotted time lapsed,

Mayor Cruz caused the demolition and removal of the structures. Accordingly, the CHR cited
him for contempt.

(a) What is your concept of Human Rights? Does this case involve violations of human rights
within the scope of the CHRs jurisdiction?

Suggested Answer:
Under the Universal Declaration of Human Rights, the International Covenant on Economic,
Social and Cultural Rights and International Covenant on Civil and Political Rights, the scope
of human rights includes "those that relate to an individual's social, economic, cultural,
political and civil relations... along with what is generally considered to be his inherent
and inalienable rights, encompassing almost all aspects of life."

In the case at bar, the land adjoins a busy national highway and the construction of the squatter
shanties impedes the flow of traffic. The consequent danger to life and limb cannot be ignored. It
is paradoxical that a right which is claimed to have been violated is one that cannot, in the
first place, even be invoked, if it is, in fact, extant. Based on the circumstances obtaining in this
instance, the CHR order for demolition do not fall within the compartment of human rights
violations involving civil and political rights intended by the Constitution. (Simon v.
Commission on Human Rights, G.R. No.100150, January 5, 1994)

Page 3 of 42

(b) Can the CHR issue an order to desist or restraining order?

Suggested Answer:
The CHR may not issue an "order to desist" or restraining order. The constitutional provision
directing the CHR to provide for preventive measures to those whose human rights have been
violated or need protection may not be construed to confer jurisdiction on the Commission to
issue a restraining order or writ of injunction for, it that were the intention, the Constitution
would have expressly said so. Jurisdiction is conferred only by the Constitution or by law. It is
never derived by implication. (Export Processing Zone Authority v. Commission on Human
Rights, G.R. No.101476, April 14, 1992)

(c) Is the CHR empowered to declare Mayor Cruz in contempt?

Suggested Answer:
The CHR does not possess adjudicative functions and therefore, on its own, is not empowered to
declare Mayor Cruz in contempt for issuing the "order to desist." However, under the 1987
Constitution, the CHR is constitutionally authorized, in the exercise of its investigative functions,
to "adopt its operational guidelines and rules of procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court." Accordingly, the CHR, in the course of an
investigation, may only cite or hold any person in contempt and impose the appropriate penalties
in accordance with the procedure and sanctions provided for in the Rules of Court. (Carino v.
Commission on Human Rights, G.R. No. 96681, December 2, 1991)

Does it have contempt powers at all? (5%)


2. The two accepted tests to determine whether or not there is a valid delegation of legislative
power are the Completeness Test and the Sufficient Standard Test. Explain each. (4%) (2.)
Section 32 of Republic Act No. 4670 (The Magna Carta for Public School Teachers) reads: Sec.
32. Penal Provision.A person who shall willfully interfere with, restrain or coerce any teacher
in the exercise of his rights guaranteed by this Act or who shall in any other manner commit any
Page 4 of 42

act to defeat any of the provisions of this Act shall, upon conviction, be punished by a fine of not
less than one hundred pesos nor more than one thousand pesos, or by imprisonment, in the
discretion of the court.

Is the proviso granting the court the authority to impose a penalty of imprisonment in its
discretion constitutional? Explain briefly. (4%)

Suggested Answer:

a.) Completeness Test As ruled by the Supreme Court, the law must be complete in all its terms
and conditions when it leaves the legislature so that when it reaches the delegate, it will have
nothing to do but enforce it. If there are gaps in the law that will prevent its enforcement until
they are first filled, the delegate will have the opportunity to repair the omission through the
exercise of the discretion to determine what he law shall be which, as earlier noted, is essentially
and exclusively legislative.

b.) Sufficient Standard Test As ruled by the Supreme Court, additionally, the law must offer a
sufficient standard to specify the limits of the delegates authority, announce the legislative
policy, and specify the conditions under which it is to be implemented. The standard is usually
embodied in the law itself. If not, courts will usually bend over backwards to discover it in the
circumstances surrounding the enactment of the delegating statute. Among the accepted
sufficient standards are public interest, simplicity, economy and efficiency. and public
welfare.

c.) No. The provision failed the completeness test because the penalty of imprisonment does not
specify the length or duration of imprisonment.


3.State with reason(s) which of the following is a government agency or a government
instrumentality:

Page 5 of 42

(a) Department of Public Works and Highway;
(b) Bangko Sentral ng Pilipinas;
(c) Philippine Ports Authority;
(d) Land Transportation Office;
(e) Land Bank of the Philippines. (5%)



Suggested Answer:
Agency is defined in the Administrative Code as including any department, bureau, office,
commission, authority or officer of the National Government authorized by law or executive
order to make rules, issue licenses, grant rights or privileges and adjudicate cases; research
institutions with respect to licensing functions; government corporations with respect to
functions regulating private right, privilege, occupation or business; and officials in the exercise
of disciplinary as provided by law.
On the other hand, an instrumentality is defined in the Administrative Code as any agency of the
National Government, not integrated within the department framework, vested with special
functions or jurisdiction by law, endowed with some if not all corporate powers, administering
special funds, and enjoying operational autonomy, usually through a charter. This term includes
regulatory agencies, chartered institutions and government-owned or controlled corporations.

(a) Department of Public Works and Highway - Agency;
(b) Bangko Sentral ng Pilipinas - Instrumentality;
(c) Philippine Ports Authority - Instrumentality;
(d) Land Transportation Office - Agency;
(e) Land Bank of the Philippines - Instrumentality.


3. In March 2001, while Congress was adjourned, the President appointed Santos as Chairman of
the Commission on Elections. Santos immediately took his oath and assumed office. While his
appointment was promptly submitted to the Commission on Appointments for confirmation, it
Page 6 of 42

was not acted upon and Congress again adjourned. In June 2001, the President extended a second
ad interim appointment to Santos for the same position with the same term, and this appointment
was again submitted to the Commission on Appointments for confirmation. Santos took his oath
anew and performed the functions of his office. Reyes, a political rival, filed a suit assailing
certain orders issued by Santos. He also questioned the validity of Santos appointment. Resolve
the following issues:

(a) Does Santos assumption of office on the basis of the ad interim appointments issued by the
President amount to a temporary appointment which is prohibited by Section 1(2), Article IX-C
of the Constitution?

Suggested Answer:
No, Santos' appointment does not amount to a temporary appointment. An ad interim
appointment is a permanent appointment because it takes effect immediately and can no longer
be withdrawn by the President once the appointee has qualified into office. The fact that it is
subject to confirmation by the Commission on Appointments does not alter its permanent
character. The Constitution itself makes an ad interim appointment permanent in character by
making it effective until disapproved by the Commission on Appointments or until the next
adjournment of Congress. A temporary or acting appointee does not enjoy any security of tenure,
no matter how briefly. (Matibag v. Benipayo, G.R. No. 149036, April 2, 2002).

Alternative Answer:
An ad interim appointment is a permanent appointment and does not violate Section 1(2),Article
IX-C of the Constitution. (Pamantasan ng Lungsod ng Maynila v. IAC, G.R. No. L65439,
November 13,1985)

(b) Assuming the legality of the first ad interim appointment and assumption of office by Santos,
were his second ad interim appointment and subsequent assumption of office to the same
position violations of the prohibition on reappointment under Section 1(2), Article IX-C of the
Constitution? (5%)

Page 7 of 42

Suggested Answer:
No, the second ad interim appointment and subsequent assumption of office does not violate the
Constitution. The prohibition on reappointment in Section 1(2), Article IX-C of the Constitution
does not apply to by-pass ad interim appointments. It can be revived by a new ad interim
appointment because there is no final disapproval under Section 16, Article VII of the
Constitution, and such new appointment will not result in the appointee serving beyond the fixed
term of seven years. The phrase without reappointment applies only to one who has been
appointed by the President and confirmed by the Commission on Appointments, whether or not
such person completes his term of office. To hold otherwise will lead to absurdities and negate
the Presidents power to make ad interim appointments.
. (Matibag v. Benipayo, G.R. No.149036, April 2, 2002)















Page 8 of 42

2006 ADMINISTRATIVE LAW RELATED BAR QUESTIONS
1. The legislature may abolish this body: (5%)

a. Commission on Appointments
b. Ombudsman
c. Judicial and Bar Council
d. Court of Tax Appeals
e. Commission on Audit

Suggested Answer:

The legislature may abolish the d) COURT OF TAX APPEALS since it is merely a creation of
law unlike the Commission on Appointments, Ombudsman, Judicial and Bar Council and
Commission on Audit which are all constitutional creations. Thus, the latter agencies may only
be abolished by way of an amendment or revision of the Constitution.


2. What is a quasi-judicial body or agency? (2.5%)

Suggested Answer:
A quasi-judicial body or agency is an administrative body with the power to hear, determine or
ascertain facts and decide rights, duties and obligations of the parties by the application of rules
to the ascertained facts. By this power, quasi-judicial agencies are enabled to interpret and apply
implementing rules and regulations promulgated by them and laws entrusted to their
administration.



Page 9 of 42

2007 ADMINISTRATIVE LAW RELATED BAR QUESTIONS
1. The City Mayor issues an Executive Order declaring that the city promotes responsible
parenthood and upholds natural family planning. He prohibits all hospitals operated by the city
from prescribing the use of artificial methods of contraception, including condoms, pills,
intrauterine devices and surgical sterilization. As a result, poor women in his city lost their
access to affordable family planning programs. Private clinics! however, continue to render
family planning counsel and devices to paying clients.
a. Is the Executive Order in any way constitutionally infirm? Explain.
Suggested Answer:
The Executive Order is constitutionally infirm. Under the 1987 Constitution, the State shall
defend the right of spouses to est abl ish a famil y in accordance with thei r reli gi ous
convi ctions and the demands of responsible parenthood. (Art. XV, Sec. 3[1]). By
upholding natural family planning and prohibiting city hospitals from prescribing artificial
methods of contraception, the Mayor is imposing his religious beliefs on spouses who rel y
on t he servi ces of ci t y hospit al s. This cl earl y vi ol ates t he above section of t he
Constitution. Moreover, the 1987 Constitution states that no person shall be denied the
equal protection of the laws. (Art.III, Sec. 1). The Constitution also provides that the state shall
promote a just and dynamic social order that will ensure the prosperity and independence of
the nation and free the people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living and an improved qualit y of life
for all. (Art. II, Section 9). The loss of access of poor cit y women to famil y
planning programs is discriminatory and creates suspect classification. It also goes against the
demands of social justice as enshrined in the immediately preceding provision.
b. Is the Philippines in breach of any obligation under international law? Explain.
Suggested Answer:
Page 10 of 42

The Philippines might be in breach of its obligations under the Convention on the Elimination of
All Forms of Discrimination Against Women (CEDAW) of which the country is a signatory.
Under the CEDAW, State Parties shall take all appropriate measures to eliminate discrimination
against women in the field of health care in order t o ensure, on basis of equalit y of
men and women, access to health care servi ces, including those related to family
planning (Article 12, Section 1) Women shall likewise have access to adequate health care
facilities, including information, counseling and services in family planning. (Article14, Section
2[b])
c. May the Commission on Human Rights order the Mayor to stop the implementation of
the Executive Order? Explain.
Suggested Answer:
No, the power of the Commission on Human Rights (CHR) is limited to fact-finding
investigations. Thus, itcannot issue an order to desist against the mayor, inasmuch as the order
prescinds from an adjudicatory power that CHR does not possess. (Simon v. Commission on
Human Rights, G.R. No. 100150, January 5,1994; Cario v. Commission on Human Rights,
G.R. No. 96681, December 2, 1991.)

2. The Destilleria Felipe Segundo is famous for its 15-year old rum, which it has produced and
marketed successfully for the past 70 years. Its latest commercial advertisement uses the line:
"Nakalikim ka na ba ng kinse anyos?" Very soon, activist groups promoting women's and
children's rights were up in arms against the advertisement.
a. All advertising companies in the Philippines have formed an association, the Philippine
Advertising Council, and have agreed to abide by all the ethicalguidelines and decisions
by the Council. In response to the protests, the Council orders the pull-out of the "kinse
anyos" advertising campaign. Can Destilleria Felipe Segundo claim that its constitutional
rights are thus infringed?
Page 11 of 42

Suggested Answer:
No, Dest il lera Felipe Segundo may not cl aim t hat i ts const itut ional ri ghts,
parti cul arl y freedom of expression, have been infringed. The constitut ional
guarant ee of freedom of speech i s a guarantee onl y against abridgment by the
government and does not appl y to privat e parti es. (People v. Marti, G. R.
No. 81561, January 18, 1991). Moreover, Destill era freel y joi ned t he Phil ippi ne
Advertisi ng Council and istherefore bound by the ethical guidelines and decisions of that
council.
b. One of the militant groups, the Amazing Amazonas, call on all government-owned and
controlled corporations (GOCC) to boycott any newspaper, radio or TV station that
carries the "kinse anyos" advertisements. They call on all government nominees in
sequestered corporations to block any advertising funds allocated for any such
newspaper, radio or TV station. Can the GOCCs and sequestered corporations validly
comply?
Suggested Answer:
They may compl y wi th such cal l as t hese entit ies may insti tut e cert ain measures
to promot e a social l y desirable end, namely, the prevention of the exploitation and abuse of
women, especially those who are not yet of age.
3. True or False. Briefly explain your answer.
a. All public officers and employees shall take an oath to uphold and defend the
Constitution.
Suggested Answer:
The statement is true as under Section 40 of the Administrative Code of 1987 (Executive Order
No. 292), itis provided that al l public offi cers and employees of the government,
incl uding every member of thearmed forces shall, before entering upon discharge of his
duties, take an oath or affirmation to uphold anddefend the Constitution.
Page 12 of 42

4. The Provincial Governor of Bataan requested the Department of Budget and Management
(DBM) to release its Internal Revenue Allocation (IRA) of P100 million for the current budget
year. However, the General Appropriations Act provided that the IRA may be released on Iy if
the province meets certain conditions as determined by an Oversight Council created by the
President.
a. Is this requirement valid?
Suggested Answer:
No, this requirement is not valid. Under the 1987 Constitution, it is provided that local
government unitsshall have a just share, as determined by law, in the national taxes which shall
be automatically released tothem. As held in the case of Alternative Center for Organizational
Reforms and Development, et.al. v.Zamora, G.R. No. 144256 (June 08, 2005), a basic feature of
local fiscal autonomy is the automatic releaseof the shares of LGUs in the national internal
revenue. The Local Government Code specifies further thatthe release shall be made directly to
the LGU concerned within five (5) days after every quarter of the year and shall not be
subj ect to any l ien or holdback t hat may be imposed by the national government
for whatever purpose.
b. The Provincial Governor is a party-mate of the President. May the Bataan Representative
instead file a petition to compel the DBM to release the funds?
Suggested Answer:
Yes, the Bataan representative may file a petition to compel the release of funds as a suit may lie
against a public officer to compel the performance of a ministerial function or a duty required by
law.
5. The Department of Education (DepEd) requires that any school applying for a tuition fee
increase must, as a condition for the increase, offer full tuition scholarships to students from low-
income families. The Sagrada Familia Elementary School is a Catholic school and has applied
for a tuition fee increase. Under this regulation by the DepEd, it will end up giving tuition
Page 13 of 42

scholarships to a total of 21 students next year. At a cost of P50,OOO per student, the school will
lose a total of P1.05 million for next year.
a. Is this DepEd requirement valid?
Suggested Answer:
No. It constitutes deprivation of property without due process of law. The law is confiscatory as
it undulyshi fts the burden of provi ding for the welfare of the poor to the privat e
sector. The obj ective may bel audable but the means woul d be arbit rary and
unreasonabl e. (Quezon Cit y v. Judge Eri cta, G. R. No. 34195, June 24, 1983).
b. If instead the DepEd requires a full tuition scholarship for the highest ranking students in
each grade, determined solely on the basis of academic grades and rank, will the DepEd
requirement be valid?
Suggested Answer:
No. It would make a difference in my answer as this would still constitute a deprivation of
property withoutdue process of law. (Balacuit v. CFI, G.R. no. 38429, June 30, 1988).









Page 14 of 42

2008 ADMINISTRATIVE LAW RELATED BAR QUESTIONS
1. The Philippine National Police (PNP) issued a circular to all its members directed at the style
and length of male police officers' hair, sideburns and moustaches, as well as the size of their
waistlines. It prohibits beards, goatees and waistlines over 38 inches, except for medical reason.
Some police officers questioned the validity of the circular, claiming that it violated their right to
liberty under the Constitution. Resolve the controversy.
Suggested Answer:
The contention of MWMC is untenable. An implied limitation on legislative power is the
prohibition against the passage of irrepealable laws. Such laws deprive succeeding legislature of
the authority to craft laws appropriate to the milieu (City of Davao v. Regional Trial Court, 467
SCRA 280 [2005])

2. ST, a Regional Trial Court judge who falsified his Certificate of Service, was found liable by
the Supreme Court for serious misconduct and inefficiency, and meted the penalty of suspension
form office for 6 months. Subsequently, ST filed a petition for executive clemency with the
Office of the President. The Executive Secretary, acting on said petition issued a resolution
granting ST executive clemency. Is the grant of executive clemency valid? Why or why not?
(6%)
Suggested Answer:
The grant of executive clemency is not valid. First, in this case, the power of executive clemency
cannot be delegated for it was not signed by the President himself but by the Executive Secretary
and second, the power of executive clemency cannot extend to administrative cases in the
Judiciary, because it will violate the principle of separation of powers and impair the power of
the Supreme Court under section 6, Article VIII of the Constitution of administrative supervision
over all courts (Petition for Judicial Clemency of Romillo, G.R. No. 97091, December 9, 1997).

3. The Mayor of San Jose City appointed his wife, Amelia, as City Treasurer from among tree
(3) employees of the city considered for the said position. Prior to said promotion, Amelia had
been an Assistant City Treasurer for ten (10) years, that is, even before she married the City
Page 15 of 42

Mayor. Should the Civil Service Commission approve the promotional appointment of Amelia?
Why or why not? (6%)
Suggested Answer:
The Civil Service Commission should disapprove the promotional appointment of Amelia.
Section 59(1), Chapter 7, Title 1, Subsection A, Book V of the Administration Code prohibits all
appointments in the cities of a relative of the appointing authority within the third degree of
consanguility of affinity. The prohibition applies to all appointments, whether original or
promotional (Debulgado v. Civil Service Commission, 237 SCRA 184 [1994].

4. In 1963, congress passed a law creating a government-owned corporation named Manila War
Memorial Commission (MWMC), with the primary function of overseeing the construction of a
massive memorial in the heart of Manila to commemorate victim of the 1945 Battle of Manila
The MWMC charter provided an initial appropriation of P1,000,000, empowered the corporation
to raise funds in its own name, and set aside a parcel of land in Malate for the memorial site. The
charter set the corporate life of MWMC at 50 years with a proviso that Congress may not abolish
MWMC until after the completion of the memorial.
Forty-five (45) years later, the memorial was only 1/3 complete and the memorial site itself had
long been overrun by quatters. Congress enacted a law abolishing the MWMC and requiring that
the funds raised by it be remitted to the National Treasury. The MWMC challenged the validity
of the law, arguing that under its charter its mandate is to complete the memorial no matter how
long it takes. Decide with reason. (6%)
Suggested Answer:
The contention of MWMC is untenable. An implied limitation on legislative power is the
prohibition against the passage of irrepealable laws. Such laws deprive succeeding legislature of
the authority to craft laws appropriate to the milieu (City of Davao v. Regional Trial Court, 467
SCRA 280 [2005])


Page 16 of 42

2009 ADMINISTRATIVE LAW RELATED BAR QUESTIONS
1. TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false.
Explain your answer in not more than two (2) sentences.
a. A de facto public officer is, by right, entitled to receive the salaries and emoluments attached
to the public office he holds.
Suggested Answer:
FALSE. The rule is that, a de facto officer who possessed public office in good faith and
discharged the duties pertaining thereto is legally entitled to the emoluments of the office and
may in a ppropriate action recover the salary, fees and other compensations attached to the
office only in cases where there is no de jure officer.
b. The President exercises the power of control over all executive departments and agencies,
including government-owned or controlled corporations.
Suggested Answer:
TRUE. In the case of NAMARCO vs. ARCA, the Supreme court ruled that corporations owned
or controlled by the government partake of the anture of government bureaus or offices and are
covered by the presidents power of control. Moreover, since government-owned or controlled
corporations are neither part of the legislative nor the judicial branch , and since they are not one
of the constitutional bodies nor local government units, then they are part of the executive branch
and subject to the power of control by the President.
c. Decisions of the Ombudsman imposing penalties in administrative disciplinary cases are
merely recommendatory.
Suggested Answer:
The Ombudsman has the authority to impose administrative penalties. The scope of the authority
of the Ombudsman in administrative cases as defined by the Constitution and the Ombudsman
Act is broad enough to include the direct imposition of the penalty of removal, suspension,
demotion, fine or censure on an erring public official or employee.
Page 17 of 42

2. Maximino, an employee of the Department of Education, is administratively charged with
dishonesty and gross misconduct. During the formal investigation of the charges, the Secretary
of Education preventively suspended him for a period of sixty (60) days. On the 60th day of the
preventive suspension, the Secretary rendered a verdict, finding Maximino guilty, and ordered
his immediate dismissal from the service. Maximino appealed to the Civil Service Commission
(CSC), which affirmed the Secretary's decision. Maximino then elevated the matter to the Court
of Appeals (CA). The CA reversed the CSC decision, exonerating Maximino. The Secretary of
Education then petitions the Supreme Court (SC) for the review of the CA decision.
a. Is the Secretary of Education a proper party to seek the review of the CA decision exonerating
Maximino? Reasons.
Suggested Answer:
No. The CSC is the proper party to seek the review of the CA decision. In the case of CSC vs.
Dacoycoy, the Supreme Court enunciated that it is the CSC who must seek review of the
judgment as it is the as the government agency tasked with the duty to enforce the constitutional
and statutory provisions on the civil service. When the CA reversed the CSC decision, the the
CSC has become the party adversely affected by such ruling, which seriously prejudices the civil
service system. Hence, as an aggrieved party, it may appeal the decision of the Court of Appeals
to the Supreme Court.
The extant jurisprudence that the phrase party adversely affected by the decision refers
to the government employee against whom the administrative case is filed for the purpose of
disciplinary action which may take the form of suspension, demotion in rank or salary, transfer,
removal or dismissal from office and not included are cases where the penalty imposed is
suspension for not more then thirty (30) days or fine in an amount not exceeding thirty days
salary or when the respondent is exonerated of the charges, there is no occasion for appeal are
exprelly abandoned and overruled.
b. If the SC affirms the CA decision, is Maximino entitled to recover back salaries corresponding
to the entire period he was out of the service? Explain your answer.
Suggested Answer:
Page 18 of 42

Maximino cannot recover back salaries during his preventive suspension. The law does not
provide for it. Preventive suspension is not a penalty. During the suspension, he was not yet out
of the service. However, he is entitled to back wages from the time of his dismissal until his
reinstatement. The enforcement of dismissal pending appeal was punitive, and he was
exonerated.
3. The KKK Television Network (KKK-TV) aired the documentary, "Case Law: How the
Supreme Court Decides," without obtaining the necessary permit required by P.D. 1986.
Consequently, the Movie and Television Review and Classification Board (MTRCB) suspended
the airing of KKK-TV programs. MTRCB declared that under P.D. 1986, it has the power of
prior review over all television programs, except "newsreels" and programs "by the
Government", and the subject documentary does not fall under either of these two classes. The
suspension order was ostensibly based on Memorandum Circular No. 98-17 which grants
MTRCB the authority to issue such an order. KKK-TV filed a certiorari petition in court, raising
the following issues:
a. The act of MTRCB constitutes "prior restraint" and violates the constitutionally guaranteed
freedom of expression; and
Suggested Answer:
The contention of KKK-TV is not tenable. The prior restriant is a valid exercise of police power.
Television is a medium which reaches the eyes and ears of children (Iglesia ni Cristo vs. CA).
Alternative Answer:
The memo circular is unconstitutional. The act of the Movie Television Review and
Classification Board constitutes prior restraint and violates freedom of expression. There is no
showing that the airing of the programs would constitute a clear and present danger. (New york
Times vs. US)



Page 19 of 42

2010 ADMINISTRATIVE LAW RELATED BAR QUESTIONS
1. ABC operates an industrial waste processing plant within Laoag City. Occasionally, whenever
fluid substances are released through a nearby creek, obnoxious odor is emitted causing dizziness
among residents in Barangay La Paz. On complaint of the Punong Barangay, the City Mayor
wrote ABC demanding that it abate the nuisance. This was ignored. An invitation to attend a
hearing called by the Sangguniang Panlungsod was also declined by the president of ABC. The
city government thereupon issued a cease and desist order to stop the operations of the plant,
prompting ABC to file a petition for injunction before the Regional Trial Court, arguing that the
city government did not have any power to abate the alleged nuisance. Decide with reasons.
(3%)
Suggested Answer:
The State may, in the exercise of its police power, summarily abate a nuisance per se. It is an
accepted exception to the twin requirement of notice and hearing












Page 20 of 42

2011 ADMINISTRATIVE LAW RELATED BAR QUESTIONS
1. Jax Liner applied for a public utility bus service from Bacolod to Dumaguete from the Land
Transportation Franchising and Regulatory Board (LTFRB). BB Express opposed. LTFRB ruled
in favor of Jax. BB appealed to the Secretary of the Department of Transportation and
Communication (DOTC), who reversed the LTFRB decision. Jax appealed to the Office of the
President which reinstated the LTFRBs ruling. BB Express went to the Court of Appeals on
certiorari questioning the decision of the Office of the President on the ground that Office of the
President has no jurisdiction over the case in the absence of any law providing an appeal from
DOTC to the Office of the President. Will the petition prosper?
A. No, exhaustion of administrative remedies up to the level of the President is a pre-
requisite to judicial recourse.
B. No, the action of the DOTC Secretary bears only the implied approval of the
President who is not precluded from reviewing the decision of the former.
C. Yes, when there is no law providing an appeal to the Office of the President, no
such appeal may be pursued.
D. Yes, the doctrine of qualified political agency renders unnecessary a further
appeal to the Office of the President.
Suggested Answer: B
2. Where A is set for promotion to Administrative Assistant III and B to the post of
Administrative Assistant II vacated by A, the appointing authority must
A. submit to the CSC the two promotional appointments together for approval.
B. not appoint B until the CSC has approved As appointment.
C. submit to the Civil Service Commission (CSC) the second appointment after its
approval of the first.
D. simultaneously issue the appointments of A and B.
Suggested Answer: A
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3. When a witness is granted transactional immunity in exchange for his testimony on how his
immediate superior induced him to destroy public records to cover up the latter's act of
malversation of public funds, the witness may NOT be prosecuted for
A. direct contempt.
B. infidelity in the custody of public records.
C. falsification of public documents.
D. false testimony.
Suggested Answer: B
4. Mario, a Bureau of Customs examiner, was administratively charged with grave misconduct
and preventively suspended pending investigation. The head of office found him guilty as
charged and ordered his dismissal. The decision against him was executed pending appeal. The
Civil Service Commission (CSC) subsequently found him guilty and after considering a number
of mitigating circumstances, reduced his penalty to only one month suspension. Is Mario entitled
to back salaries?
A. Yes, the reduction of the penalty means restoration of his right to back salaries.
B. No, the penalty of one month suspension carries with it the forfeiture of back
salaries.
C. No, he is still guilty of grave misconduct, only the penalty was reduced.
D. Yes, corresponding to the period of his suspension pending appeal less one
month.
Suggested Answer: C




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5. An appointment held at the pleasure of the appointing power
A. essentially temporary in nature.
B. requires special qualifications of the appointee.
C. requires justifiable reason for its termination.
D. is co-extensive with the term of the public officer who appointed him.
Suggested Answer: A
6. The President forged an executive agreement with Vietnam for a year supply of animal feeds
to the Philippines not to exceed 40,000 tons. The Association of Animal Feed Sellers of the
Philippines questioned the executive agreement for being contrary to R.A. 462 which prohibits
the importation of animal feeds from Asian countries. Is the challenge correct?
A. Yes, the executive agreement is contrary to our existing domestic law.
B. No, the President is the sole organ of the government in external relations and all
his actions as such form part of the law of the land.
C. No, international agreements are sui generis which must stand independently of
our domestic laws.
D. Yes, the executive agreement is actually a treaty which does not take effect
without ratification by the Senate.
Suggested Answer: A
7. The new Commissioner of Immigration, Mr. Suarez, issued an Office Order directing the top
immigration officials to tender courtesy resignation to give him a free hand in reorganizing the
agency. In compliance, Director Sison of the Administrative Department tendered his resignation
in writing which Mr. Suarez immediately accepted. Director Sison went to court, assailing the
validity of his courtesy resignation and Mr. Suarezs acceptance of the same. Will the action
prosper?
A. No, Director Sison tendered his resignation and it was accepted.
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B. No, estoppel precludes Director Sison from disclaiming the resignation he freely
tendered.
C. Yes,for so long as no one has yet been appointed to replace him, Director Sison
may still withdraw his resignation.
D. Yes, Director Sison merely complied with the order of the head of office; the
element of clear intention to relinguish office is lacking.
Suggested Answer: D
8. An administrative rule that fixes rates is valid only when the proposed rates are
A. published and filed with the UP Law Center.
B. published and hearings are conducted.
C. published and posted in three public places.
D. published and all stakeholders are personally notified.
Suggested Answer: B
9. The President wants to appoint A to the vacant post of Associate Justice of the Supreme Court
because of his qualifications, competence, honesty, and efficiency. But As name is not on the
list of nominees that the Judicial and Bar Council (JBC) submitted to the President. What should
the President do?
A. Request the JBC to consider adding A to the list.
B. Decline to appoint from the list.
C. Appoint from the list.
D. Return the list to JBC.
Suggested Answer: C
10. A temporary appointee to a public office who becomes a civil service eligible during his
tenure
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A. loses his temporary appointment without prejudice to his re-appointment as
permanent.
B. has the right to demand conversion of his appointment to permanent.
C. automatically becomes a permanent appointee.
D. retains his temporary appointment.
Suggested Answer: D
11. The Solicitor General declines to institute a civil action on behalf of a government agency
due to his strained relation with its head, insisting that the agencys lawyers can file the action. Is
the Solicitor General correct?
A. Yes, when he deems he cannot harmoniously and effectively work with the
requesting agency.
B. No, he must, in choosing whether to prosecute an action, exercise his discretion
according to law and the best interest of the State.
C. Yes, as in any lawyer-client relationship, he has the right to choose whom to serve
and represent.
D. No, the Solicitor General's duty to represent the government, its offices and officers is
mandatory and absolute.
Suggested Answer: B
12. A department secretary may, with the President's consent, initiate his appearance before the
Senate or the House of Representatives which
A. must seek the concurrence of the other House before acting.
B. must hold an executive session to hear the department secretary.
C. may altogether reject the initiative.
D. must accept such initiated appearance.
Suggested Answer: C
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13. The Metro Manila Development Authority (MMDA) passed a rule authorizing traffic
enforcers to impound illegally parked vehicles, for the first offense, and confiscate their
registration plates for the second. The MMDA issued this rule to implement a law that authorized
it to suspend the licenses of drivers who violate traffic rules. Is the MMDA rule valid?
A. No, since the MMDA does not have rule-making power.
B. Yes, it is a valid exercise of the power of subordinate legislation.
C. Yes, it is an implicit consequence of the law upon which it acted.
D. No, the rule goes beyond the sphere of the law.
Suggested Answer: D
14. Senator Bondoc was charged with murder and detained at the Quezon City Jail. He invoked,
in seeking leave from the court to attend the session of the Senate, his immunity from arrest as a
Senator. How should the court rule on his motion?
A. Deny the motion unless the Senate issues a resolution certifying to the urgency of
his attendance at its sessions.
B. Grant the motion provided he posts bail since he is not a flight risk.
C. Grant the motion so as not to deprive the people who elected him their right to be
represented in the Senate.
D. Deny the motion since immunity from arrest does not apply to a charge of
murder.
Suggested Answer: D
15. X, an administrative officer in the Department of Justice, was charged with grave
misconduct and preventively suspended for 90 days pending investigation. Based on the
evidence, the Secretary of Justice found X guilty as charged and dismissed him from the service.
Pending appeal, X's dismissal was executed. Subsequently, the Civil Service Commission (CSC)
reversed the Secretarys decision and the reversal became final and executory. What is the effect
of X's exoneration?
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A. X is entitled to reinstatement and back salaries both during his 90 day preventive
suspension and his suspension pending appeal.
B. X is entitled to reinstatement and back salaries corresponding only to the period
of delay caused by those prosecuting the case against him.
C. X is entitled to reinstatement but not to back salaries on ground of
"damnumabsqueinjuria."
D. X is entitled to reinstatement and back salaries during his suspension pending
appeal.
Suggested Answer: D
16. When the President orders the Chief of the Philippine National Police to suspend the
issuance of permits to carry firearms outside the residence, the President exercises
A. the power of control.
B. the Commander-in-Chief power.
C. the power of supervision.
D. the calling out power.
Suggested Answer: A
17. During his incumbency, President Carlos shot to death one of his advisers during a heated
argument over a game of golf that they were playing. The deceased advisers family filed a case
of homicide against President Carlos before the city prosecutors office. He moved to dismiss the
case, invoking presidential immunity from suit. Should the case be dismissed?
A. Yes, his immunity covers his interactions with his official family, including the
deceased adviser.
B. No, his immunity covers only work-related crimes.
C. Yes, his immunity holds for the whole duration of his tenure.
D. No, his immunity does not cover crimes involving moral turpitude.
Suggested Answer: C
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18. The School Principal of Ramon Magsaysay High School designated Maria, her daughter, as
public school teacher in her school. The designation was assailed on ground of nepotism. Is such
designation valid?
A. No, because the law prohibits relatives from working within the same government
unit.
B. Yes, because Marias position does not fall within the prohibition.
C. No, because her mother is not the designating authority.
D. No, because Maria is related to the supervising authority within the prohibited
degree of consanguinity.
Suggested Answer: B
19. Congress passed a bill appropriating P50 million in assistance to locally based television
stations subject to the condition that the amount would be available only in places where
commercial national television stations do not operate. The President approved the appropriation
but vetoed the condition. Was the veto valid?
A. Yes, since the vetoed condition may be separated from the item.
B. Yes, the President's veto power is absolute.
C. No, since the veto amounted to a suppression of the freedom to communicate
through television.
D. No, since the approval of the item carried with it the approval of the condition
attached to it.
Suggested Answer: D
20. An ordinance prohibits "notorious street gang members" from loitering in public places. The
police are to disperse them or, if they refuse, place them under arrest. The ordinance enumerates
which police officers can make arrest and defines street gangs, membership in them, and public
areas. The ordinance was challenged for being vague regarding the meaning of "notorious street
gang members." Is the ordinance valid?
Page 28 of 42

A. No, it leaves the public uncertain as to what conduct it prohibits.
B. No, since it discriminates between loitering in public places and loitering in
private places.
C. Yes, it provides fair warning to gang members prior to arrest regarding their
unlawful conduct.
D. Yes, it is sufficiently clear for the public to know what acts it prohibits.
Suggested Answer: A
21. A law authorized the Secretary of Agriculture to require the quarantine of animals that suffer
from dangerous communicable diseases at such place and for such time he deems necessary to
prevent their spread. The Secretary of Agriculture issued a regulation, imposing a penalty of
imprisonment for 10 days on persons transporting quarantined animals without his permission.
The regulation is
A. a valid exercise of the power of subordinate legislation.
B. invalid for being ultra vires.
C. a valid exercise of police power.
D. invalid for being discriminatory.
Suggested Answer: B
22. When the Civil Service Commission (CSC) approves the appointment of the Executive
Director of the Land Transportation Franchising and Regulatory Board who possesses all the
prescribed qualifications, the CSC performs
A. a discretionary duty.
B. a mix discretionary and ministerial duty.
C. a ministerial duty.
D. a rule-making duty.
Suggested Answer: C
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23. Following COMELEC Chairman Bocay's conviction for acts of corruption in the
impeachment proceedings, he was indicted for plunder before the Sandiganbayan and found
guilty, as charged. Can he get Presidential pardon on the plunder case?
A. No, plunder is not a pardonable offense.
B. No, conviction in a criminal case for the same acts charged in the impeachment
proceedings is not pardonable.
C. Yes, convictions in two different fora for the same acts, are too harsh that they are
not beyond the reach of the Presidents pardoning power.
D. Yes, conviction in court in a criminal action is subject to the President's pardoning
power.
Suggested Answer: D
24. A private person constituted by the court as custodian of property attached to secure a debt
sought to be recovered in a civil proceeding is
A. a private sheriff.
B. a public officer.
C. a private warehouseman.
D. an agent of the party to whom the property will ultimately be awarded.
Suggested Answer: B
25. Whose appointment is NOT subject to confirmation by the Commission on Appointments?
A. Chairman of the Civil Service Commission
B. Chief Justice of the Supreme Court
C. Chief of Staff of the Armed Forces of the Philippines
D. Executive Secretary
Suggested Answer: B
Page 30 of 42

26. The price of staple goods like rice may be regulated for the protection of the consuming
public through the exercise of
A. power of subordinate legislation.
B. emergency power.
C. police power.
D. residual power.
Suggested Answer: C
27. Associate Justice A retires from the Supreme Court 90 days before the forthcoming
Presidential election. May the incumbent President still appoint Justice A's successor?
A. No, it will violate the Constitutional prohibition against midnight appointments.
B. Yes, vacancies in the Supreme Court should be filled within 90 days from
occurrence of the vacancy.
C. Yes, vacancies in the Supreme Court should be filled within 90 days from
submission of JBC nominees to the President.
D. No, the incumbent President must yield to the choice of the next President
Suggested Answer: B
28. The President may set a limit on the country's import quota in the exercise of his
A. delegated power.
B. concurring power.
C. residual power.
D. inherent power.
Suggested Answer: A
29. Amor sued for annulment of a deed of sale of Lot 1. While the case was ongoing, Baltazar,
an interested buyer, got a Certification from Atty. Crispin, the Clerk of Court, that Lot 1 was not
involved in any pending case before the court. Acting on the certification, the Register of Deeds
Page 31 of 42

canceled the notice of lispendens annotated on Lot 1s title. Amor filed a damage suit against
Atty. Crispin but the latter invoked good faith and immunity from suit for acts relating to his
official duty, claiming he was not yet the Clerk of Court when Amor filed his action. Decide.
A. Atty. Crispin is immune from suit since he enjoys the presumption of regularity of
performance of public duty.
B. Atty. Crispin's defense is invalid since he issued his certification recklessly
without checking the facts.
C. Atty. Crispin's defense is valid since he was unaware of the pendency of the case.
D. As Clerk of Court, Atty. Crispin enjoys absolute immunity from suit for acts
relating to his work.
Suggested Answer: B
30. The Housing and Land Use Regulatory Board (HLURB) found Atlantic Homes, Inc. liable in
damages arising from its delayed release of the title to the house and lot that it sold to Josephine.
Atlantic appealed to the Office of the President which rendered a one page decision, affirming
the attached HLURB judgment. Atlantic challenges the validity of the decision of the Office of
the President for not stating the facts and the law on which it is based. Is the challenge correct?
A. No, the Office of the President is governed by its own rules respecting review of
cases appealed to it.
B. Yes, the decision of the Office of the President must contain its own crafted
factual findings and legal conclusions.
C. Yes, administrative due process demands that the Office of the President make
findings and conclusions independent of its subordinate.
D. No, the Office of the President is not precluded from adopting the factual findings
and legal conclusions contained in the HLURB decision.
Suggested Answer: D
31. Procedural due process in administrative proceedings
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A. requires the tribunal to consider the evidence presented.
B. allows the losing party to file a motion for reconsideration.
C. requires hearing the parties on oral argument.
D. permits the parties to file memoranda.
Suggested Answer: A
32. Executive Secretary Chua issued an order prohibiting the holding of rallies along Mendiola
because it hampers the traffic flow to Malacanang. A group of militants questioned the order for
being unconstitutional and filed a case against Secretary Chua to restrain him from enforcing the
order. Secretary Chua raised state immunity from suit claiming that the state cannot be sued
without its consent. Is the claim correct?
A. No, public officers may be sued to restrain him from enforcing an act claimed to
be unconstitutional.
B. Yes, the order was not a proprietary act of the government.
C. No, only the president may raise the defense of immunity from suit.
D. Yes, Secretary Chua cannot be sued for acts done in pursuance to his public
office.
Suggested Answer: A
33. A judge of the Regional Trial Court derives his powers and duties from
A. statute.
B. the President, the appointing power.
C. Supreme Court issuances.
D. the rules of court.
Suggested Answer: A
34. When the State requires private cemeteries to reserve 10% of their lots for burial of the poor,
it exercises its
Page 33 of 42

A. eminent domain power.
B. zoning power.
C. police power.
D. taxing power.
Suggested Answer: A
35. In the valid exercise of management prerogative consistent with the company's right to
protect its economic interest, it may prohibit its employees from
A. joining rallies during their work shift.
B. marrying employees of competitor companies.
C. publicly converging with patrons of competitor companies.
D. patronizing the product of competitor companies.
Suggested Answer: B
36. The President issued an executive order directing all department heads to secure his consent
before agreeing to appear during question hour before Congress on matters pertaining to their
departments. Is the executive order unconstitutional for suppressing information of public
concern?
A. No, because those department heads are his alter egos and he is but exercising his
right against self-incrimination.
B. Yes, the President cannot control the initiative of the department heads to
conform with the oversight function of Congress.
C. Yes, the President cannot withhold consent to the initiative of his department
heads as it will violate the principle of check and balance.
D. No, the President has the power to withhold consent to appearance by his
department heads during question hour.
Suggested Answer: D
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37. When the President contracted a personal loan during his incumbency, he may be sued for
sum of money
A. during his term of office.
B. during his tenure of office.
C. after his term of office.
D. after his tenure of office.
Suggested Answer: D
38. The Office of the Special Prosecutor may file an information against a public officer for graft
A. on its own initiative subject to withdrawal of the information by the Ombudsman.
B. independently of the Ombudsman, except in plunder cases.
C. only when authorized by the Ombudsman.
D. independently of the Ombudsman.
Suggested Answer: C
39. Since the Constitution is silent as to who can appoint the Chairman of the Commission on
Human Rights, the President appointed W to that position without submitting his appointment to
the Commission on Appointments for confirmation. Is Ws appointment by the President valid?
A. No, since the position of Chairman of the Commission was created by statute, the
appointment of its holder requires the consent of Congress.
B. Yes, since the power to appoint in the government, if not lodged elsewhere,
belongs to the President as Chief Executive.
C. Yes, since the power to fill up all government positions mentioned in the
Constitution has been lodged in the President.
D. No, because absent any express authority under the Constitution, the power to
appoint does not exist.
Suggested Answer: B
Page 35 of 42

40. The Chief Justice appointed X, the Presidents sister, as Assistant Court Administrator in the
Supreme Court during the President's tenure. Claiming that the Constitution prohibits the
appointment in government of a Presidents relative, a taxpayer asks for its nullification. Will the
challenge prosper?
A. Yes, since the appointment essentially violates the law against nepotism.
B. Yes, because relatives of the President within the fourth civil degree cannot be
appointed as heads of offices in any department of government.
C. No, X's appointment, although in the government, is not in the Executive
Department that the President heads.
D. No, the position to which X was appointed is not among those prohibited under
the Constitution.
Suggested Answer: D
41. May an incumbent Justice of the Supreme Court be disbarred as a lawyer?
A. No, it will amount to removal.
B. No, his membership in the bar is secure.
C. Yes, by the Supreme Court itself.
D. Yes, by Congress in joint session.
Suggested Answer: A







Page 36 of 42

2012 ADMINISTRATIVE LAW RELATED BAR QUESTIONS
1. 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.
Suggested Answer: B
2. 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.
Suggested Answer: C
3. Which one of the following is NOT an independent Constitutional Commission under Article
IX, Section 1 of the Constitution:
A. Commission on Elections;
B. Commission on Human Rights;
C. Civil Service Commission;
Page 37 of 42

D. Commission on Audit.
Suggested Answer: B
4. The independent Constitutional Commissions enjoy:
A. decisional autonomy;
B. organizational autonomy;
C. fiscal autonomy;
D. quasi-judicial autonomy.
Suggested Answer: C
5. The Civil Service shall be administered by the Civil Service Commission composed of a:
A. Chairman and a Commissioner;
B. Chairman and two (2) Commissioners;
C. Chairman and three (3) Commissioners;
D. Chairman and four (4) Commissioners
Suggested Answer: B
6. The independent economic planning agency of the Government as provided for by the
Constitution is the:
A. National Privatization Office;
B. National Productivity Commission;
C. National Economic Development Authority;
D. National Economic Council.
Suggested Answer: C
7. The Independent Central Monetary Authority of the Government is the:
A. Bankers Association of the Philippines;
Page 38 of 42

B. Philippine Mission of the International Monetary Fund;
C. Central Bank of the Philippines;
D. World Bank, Philippine Affiliate.
Suggested Answer: C
8. The principal function of the Commission on Human Rights is:
A. issue writs of injunction/ restraining orders;
B. investigatory;
C. quasi-judicial;
D. rule-making
Suggested Answer: B
9. 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.
Suggested Answer: D
10. 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.
Page 39 of 42

Suggested Answer: B and C
11. 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.
Suggested Answer: D
12. 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.
Suggested Answer: B
13. 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;
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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.
Suggested Answer: D
14. 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.
Suggested Answer: C
15. 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.
Suggested Answer: B
16. In the judicial review of decisions of administrative agencies, the Administrative Code
requires that, except when specifically provided otherwise by law:
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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.
Suggested Answer: B















Page 42 of 42

2013 ADMINISTRATIVE LAW RELATED BAR QUESTIONS
1. In her interview before the Judicial and Bar Council (JBC), Commissioner Annie Amorsolo of
the National Labor Relations Commission claims that she should be given credit for judicial
service because as NLRC Commissioner, she has the rank of a Justice of the Court of Appeals;
she adjudicates cases that are appealable to the Court of Appeals; she is assigned car plate No.
10; and she is, by law, entitled to the rank, benefits and privileges of a Court of Appeals Justice.
If you are a member of the JBC, would you give credit to this explanation? (6%)

2. May the power of cities to raise revenues be limited by an executive order of the President?
(1%)
A. Yes, because local government units are under the administrative control of the President
through the Department of Interior and Local Government.
B. No, because local government units now enjoy full local fiscal autonomy.
C. No, because only limitations established by Congress can define and limit the powers of
local governments.
D. Yes, because the President has the power and authority to impose reasonable restrictions
on the power of citie to raise revenues.
E. Yes, if so provided in a citys charter.

3. Choose the least accurate statement about the independence guaranteed by the 1987
Constitution to the following constitutional bodies: (1%)
A. The Constitution guarantees the COMELEC decisional and institutional independence
similar to that guaranteed to the Judiciary.
B. All bodies labeled as independent by the Constitution enjoy fiscal autonomy as an
attribute of their independence.
C. Not all bodies labeled as independent by the Constitution were intended to be
independent from the Executive branch of government.
D. The Constitution guarantees various degrees of independence from the other branches of
government when it labels bodies as independent.
E. The COMELEC, the COA, and the CSC enjoy the same degree of independence.