You are on page 1of 2

1. Q: What is the doctrine of separation of powers?


2. Q: Differentiate the rule-making power and the quasi-judicial power of administrative agencies.

3. Q: Among which may the Legislature abolish?


4. Q:
A: To limit the question of political question doctrine
(References: Marcos v. Manlapus, Daza v. Singson)

5. Q: Is a petition before the SC seeking to annul the House of Representatives expulsion of the
Congressman on the ground of disorderly behavior (inflicting physical injuries on another) valid?
A: No. It is not for the SC to interfere with the suspension of the Congressman. Only the Congress or
the HOR has the authority to determine what disorderly behavior is. This is in accordance with the
principle that the three branches are co-equal.

6. Q:
A: Preventive suspension is not the final determination of the guilt of the party. Furthermore,

7. Q: The Ombudsman filed a MTD on the ground of failure to exhaust all administrative remedies. The
petitioner, on the other hand, admitted that he failed to file a motion for reconsideration, but only
because the order was immediately executory. Should the MTD be granted?
A: No. Petitioner need not exhaust all administrative remedies as the questions raised are purely legal,
and the unreasonable delay or official inaction may cause prejudice to the petitioner who was
preventively suspended from office. These are exceptions to the general rule that the doctrine of
exhaustion of all administrative remedies shall apply.

8. Q:
A: Both offices fall under the executive department and the President has the sole power to abolish
such offices.

9. Q:
A: No. The Department Secretary cannot provide for an IRR that provides for a penalty. It is similar to
supplying the penalty for violation of the rules and regulations, which was already provided in the law
itself, which the Congress previously passed.

10. Q: What are the requisites for judicial review?

A: There are 4 requisites for judicial review, namely:
1) There must be an actual case or controversy;
2) The party must have legal standing to sue;
3) The question of constitutionality must be raised at the earliest opportunity;
4) The issue of constitutionality must be the very lis mota of the case.

11. Q: Can the Maritime Industry Authority (MARINA) issue new rules and regulations governing pilotage
and service fees, and the conduct of pilots in Philippine ports without notice, hearing nor consultation
with harbor pilots or their associations?
A: No. Those who are directly affected must have the opportunity to be heard. There would be a
deprivation of property in the payment of services and fees without prior notice or consultation with the
affected parties. This would be in violation of Sec. 1, Art. III of the 1987 Constitution.

12. Q: Explain the doctrine of administrative remedies.

13. Q: What are the exceptions?
A: There are 11 exceptions, namely:
1) Where there is estoppel on the part of the party invoking the doctrine;
2) Where the challenged administrative act is patently illegal, amounting to lack of jurisdiction;
3) Where there is unreasonable delay or official inaction that will irretrievably prejudice the
4) Where the amount involved is relatively so small as to make the rule impractical and
5) Where the question involved is purely legal and will ultimately have to be decided by the
courts of justice;
6) Where judicial intervention is urgent;
7) Where the application of the doctrines may cause great and irreparable damage;
8) Where the controversial acts violate due process;
9) Where the issue of non-exhaustion of administrative remedies has been rendered moot;
10) Where strong public interest is involved; and
11) In quo warranto proceedings.

14. Q: What are the legal requisites for entering into a contract involving expenditure of public funds?

15. Q:
A: The BOC has the quasi-judicial power to issue search warrants, the same being an agency of the

16. Q:
A: He may appeal to the Bureau of Customs and bring the same before the Court of Tax Appeals.

17. Q: Where is judicial power vested? What are included in such power?

18. Q: Under the charter of the City of Manila,

A: The doctrine of delegate potestas non potest delegari applies. This means that what has been
delegated cannot anymore be delegated. The Mayor cannot anymore delegate his power to issue

Sec. 15(4), Art. 8, 1987 Constitution