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FINAL EXAMINATION IN ADMINISTRATIVE LAW under Atty Arreza '08

FINAL EXAMINATION IN ADMINISTRATIVE LAW under Atty Arreza '08

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Published by Yumi Elopre Paypon
FINAL EXAMINATION IN ADMINISTRATIVE LAW,
LAW ON PUBLIC OFFICERS AND ELECTION LAW
1st SEMESTER SY 2008-2009
FINAL EXAMINATION IN ADMINISTRATIVE LAW,
LAW ON PUBLIC OFFICERS AND ELECTION LAW
1st SEMESTER SY 2008-2009

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Published by: Yumi Elopre Paypon on Jul 12, 2010
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ARELLANO LAW SCHOOLFINAL EXAMINATION IN ADMINISTRATIVE LAW,LAW ON PUBLIC OFFICERS AND ELECTION LAW1
st
SEMESTER SY 2008-2009
Read carefully each question before answering. Explain youranswers fully and support them with the applicable provisionsof the constitution, law and jurisprudence. 5 pts. each
.
1.Distinguish term from tenure. The term of office is the timeduring which the officer may claim to hold the office as of rightand fixes the interval after which the several incumbents shallsucceed one another. It is the actual period of incumbency of the public officer. Tenure represents the portion of the termduring which the incumbent actually holds the office. 2. When is there an effective resignation from public office? Thereis an effective resignation from public office when i) there is aformal renunciation of the remainder of the term; ii) there isphysical relinquishment of the office; and iii) there is acceptanceof the resignation by the appointing authority.3.a) When may a public officer validly continue to hold his officedespite the expiration of his term? b) Can a Provincial Governorhold over if there is no one elected to succeed him?a) A public officer may validly continue to hold public office despite theexpiration of his term when he does so in a hold-over capacity.A public officer can continue to hold office in a hold-overcapacity only if there is no express or implied prohibition againstsuch hold-over. b) No, a provincial governor cannot hold overeven if there is no one elected to succeed him because thefixing by law of the term of a provincial governor to three (3)years, with the beginning and the end of the term, is an impliedprohibition against holding over.4.When is there appointment through certification?Anappointment through certification to a position in the civilservice occurs when it is issued to a person who has beenselected from a list of qualified persons certified by the CivilService Commission from an appropriate register of eligibles andwho meets all the other requirements of the position.5.Can an appointment be validly issued for a position which willbecome vacant only at a future date? Yes. An appointment canbe validly issued for a position that will become vacant at afuture date for as long as it becomes effective only upon the
 
vacancy of the office to which the appointment is made. Therecan be no valid appointment to a public office which is notvacant.6.When does abolition of public office violate the constitutionalguarantee of security of tenure? The abolition of a public officeviolates the constitutional guarantee of security of securitytenure when such abolition is attended with bad faith. When theabolition of the public office is attended with bad faith, its onlyobvious purpose is the separation of the incumbent from hisoffice without just cause.7.Who may exercise the right of suffrage?Art. V of theConstitution states that suffrage may be exercised by all citizensof the Philippines not otherwise disqualified by law, who are atleast 18 years of age, and who shall have resided in thePhilippines at yeast 1 year, and in the place wherein theypropose to vote, for at least 6 months immediately precedingthe election. No literacy, property, or other substantiverequirement shall be imposed on the exercise of suffrage.8. When is an appointment temporary and when is itprovisional?A temporary appointment is issued to a person,who may or may not have the appropriate civil service eligibity,to fill up a position needed only for a limited period notexceeding six months. It is without a definite tenure and isdependent upon the pleasure of the appointing authority. Aprovisional appointment is issued to a person who has notqualified in an appropriate examination but who otherwisemeets the requirements for appointment to a regular position inthe competitive service, whenever a vacancy occurs and thefilling thereof is necessary in the interest of the service andthere is no appropriate register of eligibles at the time of appointment.9. Distinguish the effect of the re-election of a public official onpending administrative and criminal charges against him. There-election of a public official will have the effect oautomatically dismissing the administrative charges against himfor offenses allegedly committed during his previous term. Hisre-election operates as a condonation by the people of whateverfaults or misconduct he may have previously committedbecause it is presumed that when the people re-elected him,they did so with full knowledge of his life and character and thatthey disregarded or forgave his faults or misconduct. His re-election will not, however, extinguish his criminal liabilitybecause a crime is an offense against the state which is not
 
subject to compromise. Otherwise, his re-election will constitutea pardon, which can only be extended by the President.10. When is there abandonment of public office? There isabandonment of public office when there is a voluntary and totalsurrender and relinquishment of an office by the holder thereof under such circumstances as clearly to indicate an intention of absolute relinquishment, coupled with an overt or external actby which the intention is carried out. It connotes the giving upof the office but is not attended with the formalities observed inresignation. The two offices cannot be held simultaneously bythe same person because public policy requires that they bevested in different individuals lest a hostility or conspiracy of powers in the two offices will result in irreparable detriment tothe people.11. What is an incompatible public office?An incompatible office isthat which whose character or nature of office or relation toanother office is such that one person should not hold bothbecause of the contrariety and antagonism which would result inthe attempt by one person to faithfully and impartially dischargethe duties of one, toward the incumbent of the other.12.Distinguish discretionary duty from ministerial duty. The duty isdiscretionary if the officer is allowed to determine how and whenit is to be performed and to decide this matter in one wayor theother and be right either way. The officer is allowed muchleeway in arriving at a decision as the duty is conferred on himin recognition of his good sense or judgment. The duty isministerial when the law exacting its discharge prescribes anddefines the time, mode and occasion of its performance withsuch certainty that nothing is left for judgment or discretion.13.Define: a) non-feasance, b) misfeasance, and c) malfeasance?a) Nonfeasance is the neglect or refusal, without sufficientexcuse, to perform an act which it was the officer’s legal duty tothe individual to perform. b) Misfeasance is the failure to use,in the performance of a duty owing to the individual, that degreeof care, skill and diligence which the circumstances of the casereasonably demand. c) Malfeasance is the doing, eitherthrough ignorance, inattention or malice, of that which theofficer had no legal right to do at all, as where he acts withoutany authority whatever, or exceeds, ignores or abuses hispowers.14.Can the exercise of discretionary duty be delegated? Can itsexercise be compelled?No, the exercise of a discretionary duty

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