LAAC-P202-ADMIN-ELMAN-Ninja Notes TrueFalse PDF

Administrative Law: True or False Questions
Being an instrumentality of the government does not exempt PAGCOR from local
taxes in viewof the constitutional grant of fiscal autonomy to local governments
vesting therein the power to create their own sources of revenues taxes and other
1 FALSE charges.
Notice is required in the preparation of substantive rules where the class to be
affected is large and the questions to be resolved involve the use of discretion by the
2 FALSE rule-making body.
The Civil Service Law does not contemplate a review of decisions exonerating public
3 FALSE officers and employees from administrative charges.
The National Police Commission has appellate jurisdiction over decisions rendered by
4 FALSE the National Appellate Board and the Regional Appellate Board.
The service of a copy of the decision on the deputized special counsel, acting as
representative of the Solicitor General is the proper basis for computing the
5 FALSE reglementary period to file an appeal.
A quasi-judicial proceeding consists of gathering and evaluating evidence and
6 FALSE determining the facts based upon the evidence presented.
7 TRUE A conclusion drawn from facts is a conclusion of law which the courts may review.
8 TRUE A conclusion drawn from facts is a conclusion of law which the courts may review.
9 FALSE A conclusion drawn from facts is a factual matter which the courts may not review.
A decision rendered bythe Provincial Agrarian Reform Officer and confirmed by the
DAR Secretary upon the factual issue of tenancy is not conclusive and subject to
10 TRUE review by the courts.
A decision rendered bythe Provincial Agrarian Reform Officer and confirmed by the
DAR Secretary upon the factual issue of tenancy is not conclusive and subject to
11 TRUE review by the courts.
A government owned and controlled corporation with original charter is within the
scope and meaning of the term Government of the Philippines if it is performing
12 TRUE governmental or political function.
A new legislative act is necessary upon the expiration of the statutory term of a non-
incorporated agency for the Republic of the Philippines to reassume the powers and
13 FALSE duties as well as the assets and liabilities of the agency.
A new legislative act is necessary, upon the expiration of the statutory term of a non-
incorporated agency, for the Republic of the Philippines to reassume the powers and
14 FALSE duties as well as the assets and liabilities of that agency.
A new legislative act is necessary, upon the expiration of the statutory term of a non-
incorporated agency, for the Republic of the Philippines to reassume the powers and
15 FALSE duties as well as the assets and liabilities of that agency.
A respondent public officer in an administrative case cannot be convicted of the lesser

16 FALSE offense of dereliction of duty on the original charge of grave misconduct.
A respondent public officer in an administrative case cannot be convicted of the lesser

17 FALSE offense of neglect of duty on the original charge of grave misconduct.
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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
18 FALSE the purpose thereof is essential to the proper determination of the case.
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
19 FALSE the purpose thereof is essential to the proper determination of the case.
A review of an administrative finding by the court is limited to the evidence already

presented and excludes the presentation of evidence aliunde , despite the claim by the
petitioner that reinvestigation of the grantee's financial capability and track record is
20 TRUE essential to the proper determination of the case.
A third party who claims to be the owner of a real property which was levied upon as a
result of a decision in a labor case can challenge the acts of the labor authorities,
including the validity of the levy, in a petition for recovery of possession and
21 FALSE injunction before the court.
A typical criticism against administrative action is that it lacks legal knowledge and
22 TRUE aptitude in sound judicial technique and its susceptibility to political pressure or bias.
A typical criticism against administrative action is that it lacks legal knowledge and
23 TRUE aptitude in sound judicial technique and its susceptibility to political pressure or bias.
Acts of lasciviousness of a Public Officer cannot be considered misconduct in office
24 TRUE and may not be the basis of an order of suspension.
Administrative agencies may enforce subpoenas issued in the course of investigations

whether or not adjudication or fact finding is involved, and whether or not probable
25 TRUE cause is shown and even before the issuance of a complaint.
Administrative agencies may enforce subpoenas issued in the course of investigations

whether or not adjudication or fact finding is involved, and whether or not probable
26 TRUE cause is shown and even before the issuance of a complaint.
Administrative bodies are said to constitute the fourth branch of government because
of their conferment of rule-making and adjudicatory powers which ordinarily would
27 TRUE not have been allowed as it may violate the principle of separation of powers.
Administrative bodies are said to constitute the fourth branch of government because
of their conferment of rule-making and adjudicatory powers which ordinarily would
28 TRUE not have been allowed as it may violate the principle of separation of powers.
Administrative policies and interpretations of administrative agencies, although
29 TRUE merely persuasive have the force and effect of law.
Administrative policies and interpretations of administrative agencies, although
30 TRUE merely persuasive have the force and effect of law.
All non-incorporated agencies, as well as the National Government, are embraced
31 TRUE within the term Government of the Republic of the Philippines
Although administrative officers have no inherent powers to require the attendance of
witnesses before, put the witnesses under oath and require them to testify, this power,
and the power to require the production of documents, are basic to the power of
32 TRUE investigation.
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Although administrative officers have no inherent powers to require the attendance of

witnesses before, put the witnesses under oath and require them to testify, this power,
and the power to require the production of documents, are basic to the power of
33 TRUE investigation.
Although the court has allowed the claim of poverty in setting aside the requirement
of exhaustion of administrative remedies and resolving to go direct to the merits of
the petition, still the ground of lack of education may not be placed in the same
34 TRUE category so as to justify non-compliance with the doctrine.
An administrative body has power to interpret its own rules,which have the force and
effectof law, but such interpretation does not become part of the rule because it has
35 FALSE only a persuasive effect.
An Administrative Officer authorizedto take testimony or evidence is deemed
authorized to administer oath, summon witnesses and require production of
36 TRUE documents.
Any individual aggrieved by the decision of an auditor of any government agency in
the settlement of a transaction has a period of six months from receipt of the decision
37 TRUE to appeal to the Commission on Audit.
As part of the Constitutional Fiscal Autonomy Group the Commission on Human
Rights just like the COA, CSC, COMELEC and Ombudsman has the authority to effect
38 FALSE organizational changes in key positions in the CHR.
Courts have no underlying power to scrutinize the acts of administrative bodies on

39 FALSE questions of law and jurisdiction unless the right of review is given by statute.
Courts have no underlying power to scrutinize the acts of administrative bodies on

40 FALSE questions of law and jurisdiction unless the right of review is given by statute.
Decisions of the Office of the Ombudsman in administrative cases may be appealed to

the Supreme Court by way of petition for review on certiorari under Rule 45 of the
41 FALSE Rules of Court conformably with Section 27 of R.A. 6770.


Even decisions of administrative bodies which are declared final by law are not exempt
44 TRUE from the judicial review when so warranted.
Even if it conducts hearings and adjudicates contending claims, a tribunal is
administrative where its principal functions are to adjust individual controversies
47 TRUE because of some strong social policy involved.
Even if it conducts hearings and adjudicates contending claims, a tribunal is
administrative where its principal functions are to adjust individual controversies
48 TRUE because of some strong social policy involved.
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Even if no personal or property rights are involved, but only a privilege, notice or
hearing is still essential for due process though the power exercised is recognized as
49 FALSE quasi-judicial or adjudicatory.
Even if no personal or property rights are involved, but only a privilege, notice or
hearing is still essential for due process though the power exercised is recognized as
50 FALSE quasi-judicial or adjudicatory.
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
51 FALSE certiorari may be availed of.
52 TRUE certiorari may be availed of.
53 FALSE certiorari may be availed of.
54 TRUE certiorari may be availed of.
Eventhough there are infirmities at the mediation and fact-finding stage, the
requirement of due process is still satisfied when the affected party is heard even if
55 TRUE only by way of a motion for reconsideration.
Filing a complaint in court without waiting for the decision of the COA from which if
adverse or not satisfied therewith the petitioner could have appealed to the Supreme
58 TRUE Court, does not exhaust administrative remedies.
Filing a complaint in court without waiting for the decision of the COA from which if
adverse or not satisfied therewith the petitioner could have appealed to the Supreme
59 TRUE Court, does not exhaust administrative remedies.
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
60 TRUE and executory.
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
61 TRUE and executory.
GOCCs with original charter are within the scope and meaning of the term "GRP" if
62 TRUE they are performing government or political functions.
If a person's application for a permit to build a house is denied the proper remedy for
63 FALSE him is to go to court on mandamus.
If a person's application for a permit to build a house is denied the proper remedy for
64 FALSE him is to go to court on mandamus.
In administrative proceedings, just like custodial investigation, the right to counsel is
not absolute but unlike custodial investigation, the administrative body is not duty-
65 TRUE bound to provide the respondent with counsel.
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In administrative proceedings, the right to counsel is mandatory and the

66 FALSE administrative body is duty bound to provide the respondent with a counsel.
In administrative proceedings, the right to counsel is not mandatory and the

67 TRUE administrative body is not duty bound to provide the respondent with a counsel.
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
68 FALSE the ground mentioned therein.
In the absence of legal provision requiring administrative step, the party aggrieved
may go to court for relief without resorting to the principle of exhaustion of
69 TRUE administrative remedies.
In the absence of legal provision requiring administrative step, the party aggrieved
may go to court for relief without resorting to the principle of exhaustion of
70 TRUE administrative remedies.
71 TRUE In the exercise by the PCGG of a quasi-judicial power, it is a co-equal body of the RTC.
In the pursuit of academic freedom and as a measure to protect its integrity the Board
of Regents of a state university is empowered to withdraw motu propio an award it has
72 FALSE granted without violating the student's rights if the award is grounded on deception.
In the pursuit of academic freedom and as a measure to protect its integrity the Board
of Regents of a state university is empowered to withdraw unilaterally an award it has
73 FALSE granted without violating the student's rights if the award is grounded on deception.
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
74 FALSE delegation of legislative power.
It is a violation of the principle of non-delegation of legislative power if an act clothed

in all the forms of law and complete in itself provides that it shall become
operative,suspended or restricted in its operation and effect upon some certain act or
75 FALSE event the ascertainment of which is left to the administrative officer.
It is a violation of the principle of separation of powers to give the President the power
to suspend the operation of law upon the happening of a contingency the existence of
76 FALSE which is left to her determination.
It is mandatory that there be a legal provision requiring administrative step, before
the aggrieved party may go to court for relief without resorting to the principle of
77 TRUE Exhaustion of Administrative Remedies.
It is only after judicial review is no longer premature that a court may ascertain in
proper cases whether administrative action or findings are not in violation of law or
78 FALSE are free from imposition or fraud.
Jurisdiction acquired at the time of filing of the administrative case is lost if the
79 FALSE respondent public official ceases to be in office during the pendency of his case.
Jurisdiction acquired at the time of the filing of the administrative case is lost if the
80 FALSE respondent Public Officer dies in office during the pendency of the case.
81 FALSE respondent public official dies in office during the pendency of his case.
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82 FALSE respondent public official retires from office during the pendency of his case.
Just like in custodial investigation, the right to counsel is mandatory in administrative
proceedings and the administrative body is duty-bound to provide the respondent
83 FALSE with counsel.
Laws conferring powers on administrative bodies are strictly construed as a safeguard
84 FALSE against undue delegation of legislative power.
Like the review for administrative decisions by superior administrative authority,
judicial review of administrative decisions is not a trial de novo because the reviewing
tribunal merely determines that the findings are not in violation of the Constitution or
85 FALSE the laws.
Local Chief Executives exercise operational and administrative supervision and control
over PNP units, including the power to direct and oversee police units except 10 days
86 FALSE immediately preceding and following any election. (correct answer - 30 days).
Maintenance fees to be collected from motorists using the expressway does not
87 TRUE require public hearings before the Toll Regulatory Board under PD 1112.
Non-exhaustion of administrative remedies does not affect the jurisdiction of the
88 TRUE court either over the parties or over the subject matter of the case.
Notice is required in the preparation of substantive rules where the class to be affected
is large and the questions to be resolved involve the use of discretion by the rule-
89 FALSE making body.
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
90 TRUE imposed by administrative agencies.
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
91 TRUE imposed by administrative agencies.
Pleadings and motions filed by government lawyers or the Presidential Commission
on Good Government (PCGG) in proceedings for forfeiture of property unlawfully
acquired either before or after February 25, 1986 need not approved by the PCGG en
92 TRUE banc or by the president of the philippines.
Political autonomy is the transfer of power from the central government to political
subdivisions in order to broaden the base of government power and make local
governments more responsive and ensure their fullest development as self-reliant
93 FALSE communities.
Publication in the Official Gazette is a condition precedent before all administrative
94 FALSE rules and regulations can take effect.
Publication in the Official Gazette or a newspaper of general circulation is a condition

95 FALSE precedent before all administrative rules and regulations may take effect.
Publication in the UP Law Center is a condition precedent before rules and
96 TRUE regulations imposing an administrative fine can take effect.
Rules and Regulations imposing a penal sanction as authorized by law must be filed
97 TRUE and registered with the U.P. Law Center.
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Rules and Regulations shall take effect on the sixteenth day following the completion
of their publication in the Official Gazette and newspaper of generalcirculation, unless
100 FALSE otherwise provided.
Sans an express conferment in the law itself creating the administrative office, civil
101 TRUE immunity from suit cannot be granted by the administrative office.
Since the National TelecommunicationsCommission(NTC) is under the supervision

and control of the Department of Transportation and Communication (DOTC), the
latter can assume the power of the NTC in granting or denying a provisional authority
102 FALSE to operate a telecommunication service system.
Since the National TelecommunicationsCommission(NTC) is under the supervision

and control of the Department of Transportation and Communication (DOTC), the
latter can assume the power of the NTC in granting or denying a provisional authority
103 FALSE to operate a Telecommunications Service System.
Statutes conferring quasi-legislative powers on administrative agencies are liberally

construed to enable them to accomplish their legislative purpose while the grant of
104 FALSE quasi-judicial powers, being adversarial to the respondent, is strictly construed.
Tenancy relation is extinguished by the expiration of the period in a leasehold
105 FALSE contract or by the sale of the landholding.
Tenancy relation is extinguished by the expiration of the period in a leasehold
106 FALSE contract or by the sale of the landholding.
The adjudicative power of the administrative tribunal should only be incidental to its
107 TRUE task of executing the law in the specific field of its expertise.
The adjudicative power of the administrative tribunal, just like the power to interpret
the law, should only be integral part of its tasks in order for it to carry out the objects
108 TRUE of the law in the specific field of its expertise.
The administrative agency has the power of inquisition which is not dependent upon a
case or controversy in order to get evidence, but can investigate merely on suspicion
109 TRUE that the law is being violated or even just because it wants assurance that it is not.
The administrative agency has the power of inquisition which is not dependent upon a
case or controversy in order to get evidence, but can investigate merely on suspicion
The Administrative Agency has the power of inquisition which is not dependent upon
a case or controversy in order to get evidence, but can investigate merely on suspicion
The administrative charge against the respondent need not be drafted with the
precision of an information in criminal prosecution and in determining the
jurisdiction of the tribunal, what is controlling is the designation of the offense and
112 FALSE not the allegation of the acts complained of.
The application of the doctrine of primary jurisdiction does not call for the dismissal
of the case originally cognizable in the court but only the suspension of the judicial
proceeding until after the matters within the competence of the board are threshed
113 TRUE out and determined.
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The approval and/or clearance by the COA of a government agency's expenditures 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
114 FALSE which were the subject of audit examination by the COA.

115 FALSE which were the subject of audit examination by the COA.

116 FALSE which were the subject of audit exam by the COA.
The authority of the Director of Patents to Administer the registration of trademarks

including his determination on the matter of similarity and dissimilarity of
117 FALSE tradenames, involves factual matters which may not be passed upon by the court.
The Bureau of Immigration and not the court has the exclusive authority and
jurisdiction to try and hear cases against an alleged overstaying alien and in the
process determine also their citizenship, and the determination by the BI of those
118 FALSE issues must be respected by the court. (???)
The Bureau of Immigration and not the court has the exclusive authority and
jurisdiction to try and hear cases against an alleged overstaying alien and in the
119 TRUE process determine also their citizenship.
The Bureau of Immigration has the exclusive authority and jurisdiction to try and hear
cases against an alleged overstaying alien and in the process, determine also their
120 TRUE citizenship.
The Bureau of Immigration has the exclusive authority and jurisdiction to try and hear
cases against an alleged overstaying alien and in the process, determine also their
121 TRUE citizenship.
The Civil Service Commission and the Department of Education through the
Investigating Committee have concurrent original jurisdiction over an administrative
122 FALSE case against a public school teacher.
The Civil Service Law does not contemplate a review of decisions acquitting public
123 FALSE officers from administrative charges.
The Civil Service Law does not contemplate a review of decisions exonerating public
124 FALSE officers and employees from administrative charges.
The COA and the Central Bank have concurrent jurisdiction to examine and audit
125 TRUE government banks, but the COA audit prevails over that of the Central Bank.
The COA and the Central Bank have concurrent jurisdiction to examine and audit
126 TRUE government banks, but the COA audit prevails over that of the Central Bank.
The Commission on Audit and the Central Bank has concurrent jurisdiction to
127 TRUE examine and audit government banks, but the COA audit prevails over that of the CB.
The Commission on Audit and the Central Bank have concurrent jurisdiction to
examine and audit government banks but the COA audit prevails over the Central
128 TRUE Bank.
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The constitutional grant of fiscal autonomy to a constitutional office vests it with

absolute flexibility to formulate and administer its compensation system and
129 FALSE organizational structure, free from outside control and limitations.
The constitutional grant of fiscal autonomy to a constitutional office vests it with

absolute flexibility to formulate and administer its compensation system and
130 FALSE organizational structure, free from outside control and limitations.
The death of a public officer does not preclude a finding of administrative liability and
131 TRUE thus the tribunal can still pronounce him either innocent or guilty.
The death of a public officer precludes a finding of administrative liability as the
132 FALSE tribunal can no longer enforce the imposition of a sanction against him.
The death of a public officer precludes a finding of administrative liability inasmuch as
he could not anymore exercise his right to confront his accuser which is essential in
133 FALSE administrative proceedings.
The death of the Public Officer does not preclude a finding of administrative liability
134 TRUE and thus the tribunalcan still pronounce him either innocent or guilty.
The decision of the adjudicator on land valuation and preliminary determination and
payment of just compensation shall be appealable to the DARAB within 15 days from
135 FALSE receipt of the notice.
136 FALSE receipt of the notice.
137 FALSE receipt of the notice. (DENR?)
The decision of the adjudicator on land violation and preliminary determination and
138 FALSE receipt of notice.
The decision of the Director of the Land Management Bureau when approved by the
DENR Secretary as to issues of fact is generally conclusive and cannot be subject of
139 TRUE review by the court.
The decision of the Ombudsman dismissing the graft case against a respondent public
official operate as a res judicata in the administrative case against him before the
140 FALSE Presidential Anti-Graft Commission for unexplained wealth.
The desire for more effective and flexible preventive remedies has been a factor in the
creation of many administrative agencies which represent a provocative fusion of
143 TRUE different powers of government.
The desire for more effective and flexible preventive remedies has been a factor in the
creation of many administrative agencies which represent a provocative fusion of
144 TRUE different powers of government.
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The DILG Secretary and not the National Police Commission- has the appellate
jurisdiction over decisions rendered by the Regional Appellate Board and the National
145 TRUE Appellate Board.
The doctrine of primary jurisdiction applies where a claim is originallycognizable in

courts but the judicial process has to be suspended pending referral of issues to the
146 TRUE administrative agency under a regulatory scheme.
The doctrine of res judicata does not apply to the exercise of administrative powers
147 TRUE but only to judicial and quasi-judicial proeedings.
The enshrined rule is that unless otherwise provided by law, the administrative body
has to go to court in whose jurisdiction the contested case being heard falls for the
148 TRUE latter to punish refusal as contempt.
The exclusive jurisdiction in seizure and forfeiture cases involving imported goods
vested in the Collector of Customs precludes a Regional Trial Court from assuming
149 TRUE cognizance over such a matter.
The exclusive jurisdiction in seizure and forfeiture cases involving imported goods
vested in the Collector of Customs precludes a Regional Trial Court from assuming
150 TRUE cognizance over such a matter.
The filing of a motion for reconsideration is an indispensable requirement to the filing
151 TRUE of a special civil action for certiorari.
The filing of a motion for reconsideration, even if not statutorily granted, is an

154 TRUE indispensable requirement to the filing of a special civil action for certiorari.
The filing of the Implementing Rules promulgated by the administrative agency with
155 FALSE the U.P. Law Center is the operative act that gives the rules force and effect.
The final determination by the Secretary of Finance, upon recommendation of the
BIR, of the entitlement of the informer's award under the National Internal Revenue
Code although conclusive pursuant to the Government Auditing code (PD 1445), may
156 TRUE be disallowed in the audit by COA.
The final determination by the Secretary of Finance, upon recommendation of the
BIR, of the entitlement of the informer's award under the National Internal Revenue
Code although conclusive pursuant to the Government Auditing code (PD 1445), may
157 TRUE be disallowed in audit by COA.
The General Rule is that the decisions of the CSC under the Civil Service Law and the
Sanggunians under the Local Government Code are not yet final and executory
158 FALSE pending appeal.
The House and Land Use Regulatory Board has the power to interpret and apply
161 FALSE contracts but not toaward damages which is a judicial function.
The Housing and Land Use Regulatory Board has the power to interpret and apply
162 FALSE contracts but not to award damages which is a judicial function.
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The issuance by the PCGG of the writ of sequestration is upon the authority of at least
one commissioner when the commission has reasonable grounds to believe that the
163 FALSE issuance thereof is warranted.
The issuance by the PCGG of the writ of sequestration is upon the authority of at least
one commissioner when the commission has reasonable grounds to believe that the
164 FALSE issuance thereof is warranted.
The issuance of preliminary ex parte injunction can only be issued by the
165 FALSE administrative tribunal upon prior notice and hearing.
The issue of a right of way or easement over private property as a necessary incident of
166 FALSE tenancy relations is exclusively within the jurisdiction of the DARAB and of the court.
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
167 FALSE but on the residential lot of the landowner.
The judicial process has to be suspended under the doctrine of primary jurisdiction,
even if the claim is originally cognizable in courts, pending referral of issues to the
170 TRUE administrative agency under a regulatory scheme.
The law pertaining to disputes among the government offices directs that all cases
171 TRUE involving questions of law shall be submitted to the Secretary of Justice for settlement.
The law precludes the Executive Secretary from conducting additional hearings on
appeal as its function is limited to determining whether there is evidence in the
administrative records substantial enough to support the subordinate officers findings
172 FALSE therein.
The law precludes the Office of the President from conducting additional hearings on
administrative records substantial enough to support the subordinate officers finding
173 FALSE therein.
174 FALSE therein.
175 FALSE therein.
The National Police Commission has appellate jurisdiction over decisions rendered by
176 FALSE the National Appellate Board and the Regional Appellate Board.
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
177 FALSE appropriations for all entities vested with administrative autonomy.
178 TRUE appropriations for all entities vested with fiscal autonomy.
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179 TRUE appropriations for all entities vested with fiscal autonomy.
The order of the Department of Education, Culture and Sports to phase out Spanish as
a subject required for graduation is violative of the right of spanish professors to due
180 FALSE process as they were no prior notice and hearing conducted.
The order of the Department of Education, Culture and Sports to phase out Spanish as
a subject required for graduation is violative of the right of spanish professors to due
181 FALSE process as they were no prior notice and hearing conducted.
The ordinary requirements of procedural due process cannot be made subordinate to

182 FALSE the necessities of protecting public interest through the exercise of police power.
The ordinary requirements of procedural due process cannot be made subordinate to

183 FALSE the necessities of protecting public interest through the exercise of police power.
The person aggrieved by any ruling of the COA has thirty days from his receipt of a
184 FALSE copy thereof appeal on certiorari to the Court of Appeals.
The power of judicial review authorizes the Supreme Court to weigh the conflicting
185 FALSE evidence and substitute its conclusion for that of the administrative body.
The power of judicial review authorizes the Supreme Court to weigh the conflicting
186 FALSE evidence and substitute its conclusion for that of the administrative body.
The power to investigate anomalies cannot include the power to take testimony or
187 FALSE evidence of witnesses whose appearance maybe required by the process of subpoena.
The power to investigate anomalies include the power to take testimony or evidence
188 FALSE of witnesses whose appearance maybe required by the process of subpoena.
The power to punish contempt is exercised as a safeguard for the dignity and
189 FALSE protection of quasi-judicial officers as persons.
The presidential power of control over departments of the executive brance as well as
local governments, includes not only the authority toensure that rules are followed,
190 FALSE but to lay down such rules and modify or replace them
The presidential power of supervision over local governments includes not only the
authority toensure that rules are followed, but to lay down such rules and modify or
191 FALSE replace them
The presidential power of supervision over local governments includes not only the
authority toensure that rules are followed, but to lay down such rules and modify or
192 FALSE replace them
The prohibition against forum-shopping applies to a tribunal which does not exercise
193 FALSE judicial or quasi-judicial power.
The prohibition against forum-shopping applies to a tribunal which does not exercise
194 FALSE judicial or quasi-judicial power.
The provision of law granting authority to the Secretary " To suspend the effectivity of
any ordinance if in his opinion, the tax therein is unjust or excessive will not preclude
an aggrieved taxpayer from filing an action to obtain declaratory judgment on the
195 TRUE legality of such city ordinance.
The purpose of an admnistrative subpoena is not only to discover evidence but also to
196 FALSE prove a pending charge.
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The purpose of an admnistrative subpoena is not only to discover evidence but also to
197 FALSE prove a pending charge.
The question of a person's Filipino citizenship is and should be addressed in the first
instance to the Commissioner of Immigration and his authorityto hear the evidence
and pass upon said question to enable him to decide whether or not such person
198 TRUE should be deported cannot be pre-empted by the courts in a suit for prohibition.
The question of a person's Filipino citizenship is and should be addressed in the first
instance to the Commissioner of Immigration and his authorityto hear the evidence
and pass upon said question to enable him to decide whether or not such person
199 TRUE should is pre-empted by the courts in a suit for prohibition.
The Regional State Prosecutor exercises supervision over city and provincial
prosecutors and thus he may not take over the preliminary investigation of a criminal
200 TRUE case pending before the latter.
prosecutors and thus he may take over the preliminary investigation of a criminal case
201 FALSE pending before the latter.
prosecutors and thus he may take over the preliminary investigation of a criminal case
202 FALSE pending before the latter.
The Regional Trial Court has the jurisdiction to issue an injunction to enjoin the
203 FALSE execution of a decision of the National Labor Relations Commission.
The Regional Trial Court has the jurisdiction to issue an injunction to enjoin the
204 FALSE execution of a decision of the National Labor Relations Commission.
The Regional Trial court, upon a finding of the commission of abuse, has the
jurisdiction to issue an injunction to enjoin the execution of a decision of the National
205 FALSE Labor Relations Commission (NLRC).
The remedy of an aggrieved party from resolutions of the Ombudsman finding a

probable cause in criminal cases, when tainted with grave abuse of discretion is to file
206 FALSE an original action for certiorari under Rule 65 with the Court of Appeals.


The remedy of an aggrieved public officerwho is reassigned by his superior, a Regional
Director, to a station different from that specified in his appointment paper is an
209 FALSE action for prohibition and injunction in court.
The remedy of an interested Expressway user who complains that the provisional toll
rates are exorbitant, oppressive and onerous is to file a petition for review of the
adjusted toll rates not with the court but with the Department of Transportation and
210 FALSE Communication.
211 FALSE adjusted toll rates with the court.
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212 FALSE adjusted toll rates with the court.
The Revised Administrative Code of 1987 does not contemplate a review of

213 FALSE adjudications exonerating public officers and employees from administrative charges.
The right against self-incrimination is available to all kinds of proceedings, whether
administrative, criminal or civil, and is equally available to natural and juridical
persons in order to ensure compliance by them with the requirements of the law and
214 FALSE promote public policy.
The right to appeal from adverse decision of the Ombudsman carry with it the stay of
215 TRUE those decisions pending appeal. (????)
216 FALSE those decisions pending appeal. (????)
219 FALSE those decisions pending appeal. (????)
The rule applicable to PAGCOR is that to enable it to accomplish its mandated task to
regulate all forms of gambling, a law granting the right to exercise a part of police
power of the state is to be liberally construed and any doubt must be resolved in favor
220 FALSE of the grant to PAGCOR.
The rule applicable to PAGCOR is that to enable it to accomplish its mandated task to
regulate all forms of gambling, a law granting the right to exercise a part of police
power of the state is to be liberally construed and any doubt must be resolved in
221 FALSE favour of the grant to PAGCOR.
The Secretary of the Interior and Local Government has the authority to pass upon the
validity of the election of the Katipunan ng mga barangay (composed of popularly
elected punong barangays as prescribedby law whose officers are voted upon by their
222 FALSE respective members).
The Securities and Exchange Commission and not the RTC has the original and
exclusive jurisdiction to hear and decide an intra-corporate controversy between the
223 TRUE homeowners and the homeowner's association under P.D. 902-A.
The Securities and Exchange Commission and not the RTC has the original and
exclusive jurisdiction to hear and decide an intra-corporate controversy between the
224 FALSE homeowners and the homeowner's association.
The service of a copy of the decision on the deputized special counsel, acting as
representative of the Office of the Solicitor General is the proper basis for computing
225 FALSE the reglementary period to file an appeal.
The service of a copy of the resolution on the deputized special counsel, acting as
representative of the Office of the Solicitor General is the proper basis for computing
226 FALSE the reglementary period to file an appeal.
The term agency of the government under the 1987 Administrative Code refers to any
of the various units of the Government, including a department, bureau, office or
227 FALSE instrumentality but excluding government-owned or controlled corporations.
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The trial court neednot dismiss but instead take cognizance of and try a case which is
properly within the competence of an administrative body should the doctrine of
228 TRUE Exhaustion of Administrative Remedies be not timely invoked.
The trial court neednot dismiss but instead take cognizance of and try a case which is
properly within the competence of an administrative body should the doctrine of
229 TRUE Exhaustion of Administrative Remedies be not timely invoked.
The unsubscribed complaint filed against the public officer before the discipling
authorityis not the charge contemplated in the Administrative Law and does not
230 TRUE commence the administrative proceedings but merely evidence gathering.
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
231 TRUE commence the administrative proceeding but merely a fact-finding investigation.
The voting that followed the deliberation on an administrative case in the Sanggunian
becomes its decision after the opinion prepared by the Sanggunian member is
235 FALSE approved and signed by the Presiding Officer.
The voting that followed the discussion by the members of the City Council of the
merits of the administrative case against the respondent elective barangay official as
embodied in a Resolution prepared by a Councilor constitutes the decision as
236 FALSE contemplated by the Local Government Code.
There is nothing in the law creating the Bureau of Immigration providing that its
237 TRUE decisions may be reviewed only by the Court of Appeals.
There is denial of procedural due process where the NTC issued an order granting the
motion of a communications carrier applicant for the revival of its archived petition
238 FALSE and the oppositor was not given the opportunity to question said motion for revival.
There is denial of procedural due process where the NTC issued an order motu propio
granting the motion of Bayantel for the revival of its archived application and the
239 FALSE oppositor Extelcom was not given the opportunity to question said motion for revival.
There is no denial of due process where the National Telecommunications
Commission issued an order granting the motion of Bayantel for the revival of its
archived application and the oppositor extelcom has not given the opportunity to
240 TRUE question said motion for revival.
There is no denial of procedural and substantive due process even if the law does not
241 TRUE allow the aggrieved party to appeal froman adverse administrative decision.
15 of 17
There is no denial of procedural due process where the National Telecommunications

Commission issued an order granting the motion of Bayantel for the revival of its
archived application and the opposition Extelcom was not given the opportunity to
242 TRUE question said motion for revival
There is no violation of the rule requiring all the complainants to sign the Certificate
of non-forum shopping where one complainant signs for all of them who are asserting
243 TRUE the same rights and seeking similar relief arising from the same facts.
There is nothing in the law creating the Bureau of Immigration providing that its
244 TRUE decisions may be reviewed only by the Court of Appeals.
To be effective and enforceable, an Order issued by the Secretary of Labor directing
the suspension of the recruitment by private employment agencies of domestic
helpers for hongkong in the wake of reported abuses suffered by Filipino domestic
helpers must be published in the Official Gazette and also filed with the
245 FALSE Administrative Register.
To justify the validity of the grant of emergency powers to the President, any such
grant must be for a limited period and despite the requirement that the law must be
complete in itself, the period need not be expressly provided in the statute, but may
246 TRUE be inferred from its provisions and the events surrounding its enactment.
Under existing jurisprudence, the right to appeal from adverse decisions of the
247 FALSE Ombudsman carry with it the stay of these decisions pending appeal.
University of the Philippines falls within the term Government of the Republic of the
248 FALSE Philippines.
Unlike in criminal cases, administrative offenses do not prescribe unless the law itself
confers discretion to the administrative tribunal not to investigate anymore such
249 TRUE offenses after the lapse of a certain period.
250 TRUE When forum-shopping exists, the summary dismissal of both actions is proper.
251 TRUE When forum-shopping exists, the summary dismissal of both actions is proper.
252 TRUE Where an administrative body is conferred
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
253 TRUE jurisdiction.
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 be 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 no command that a quasi-judicial hearing be
254 TRUE conducted.
Where the administrative tribunal is given the power to punish for contempt as
exercise of the power is limited to making effective the power to elicit testimony and
255 TRUE it cannot be exercised in furtherance of administrative functions.
16 of 17
Where the GOCC is represented in the trial court by the Office of the Government
Corporate Counsel in collaboration with its in-house Legal Services Division, the
service of a copy of the decision on the LSD is NOT notice to the OGCC and such
258 FALSE absence of notice to the OGCC does not start the running of the period for appeal.
Where the GOCC is represented in the trial court by the Office of the Government
Corporate Counsel in collaboration with its in-house Legal Services Division, 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
259 TRUE decision.
While hearings may be held as a general rule, a hearing is not a 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
260 TRUE conducted.
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Administrative Law: True or False Questions

A respondent public officer in an administrative case cannot be convicted of the lesser

A respondent public officer in an administrative case cannot be convicted of the lesser

A review of an administrative finding by the court cannot be limited to the evidence

A review of an administrative finding by the court cannot be limited to the evidence

A review of an administrative finding by the court is limited to the evidence already

Administrative agencies may enforce subpoenas issued in the course of investigations

Administrative agencies may enforce subpoenas issued in the course of investigations

Although administrative officers have no inherent powers to require the attendance of

Courts have no underlying power to scrutinize the acts of administrative bodies on

Courts have no underlying power to scrutinize the acts of administrative bodies on

Decisions of the Office of the Ombudsman in administrative cases may be appealed to

Decisions of the Office of the Ombudsman in administrative cases may be appealed to

Decisions of the Office of the Ombudsman in administrative cases may be appealed to

In administrative proceedings, the right to counsel is mandatory and the

In administrative proceedings, the right to counsel is not mandatory and the

It is a violation of the principle of non-delegation of legislative power if an act clothed

Publication in the Official Gazette or a newspaper of general circulation is a condition

Since the National TelecommunicationsCommission(NTC) is under the supervision

Since the National TelecommunicationsCommission(NTC) is under the supervision

Statutes conferring quasi-legislative powers on administrative agencies are liberally

The approval and/or clearance by the COA of a government agency's expenditures is a

The approval and/or clearance by the COA of a government agency's expenditures is a

The approval and/or clearance by the COA of a government agency's expenditures is a

The authority of the Director of Patents to Administer the registration of trademarks

The constitutional grant of fiscal autonomy to a constitutional office vests it with

The constitutional grant of fiscal autonomy to a constitutional office vests it with

The doctrine of primary jurisdiction applies where a claim is originallycognizable in

The filing of a motion for reconsideration, even if not statutorily granted, is an

The ordinary requirements of procedural due process cannot be made subordinate to

The ordinary requirements of procedural due process cannot be made subordinate to

The remedy of an aggrieved party from resolutions of the Ombudsman finding a

The remedy of an aggrieved party from resolutions of the Ombudsman finding a

The remedy of an aggrieved party from resolutions of the Ombudsman finding a

The Revised Administrative Code of 1987 does not contemplate a review of

There is no denial of procedural due process where the National Telecommunications

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