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TAU MU FRATERNITY and SIGMA TAU MU SORORITY

Ateneo de Davao - College of Law
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NFA Appeals Board which sustained the appeal and
Public Corporations Past Exams demoted Mario without any notice to him. Mario
Atty. Rodolfo M. Elman, CESO III questioned the decision of the NFA Appeals Board.
Meanwhile, Mario assumed the lower position assigned
Note: This compilation of past exams in Public Corporations to him and received the emoluments attached to said
handled by Atty. Elman is not intended to replace your lower position. The Court of Appeals ordered the
books and major references. reinstatement of Mario to his previous position and the
recovery of full back wages from Emil. Aggrieved, Emil
God bless. sought relief from the Supreme Court. Decide.
9. The school’s division superintendent sought to transfer
July 30, 2004 respondent, the principal of a reputable national high
school, to a newly established high school. Respondent
1. Primo was proclaimed the winner in the mayoralty objected on the ground that under the Magna Carta of
contest. Petitioners sought to disqualify him since Primo Public School Teachers, a teacher cannot be transferred
held an immigrant visa to Canada. Primo argued that he without her consent. She also argued that her transfer to
has been a Philippine resident a year immediately a fledging school constitutes a diminution of her status.
preceding his proclamation and that by filing his Decide. (DECS vs. CA)
certificate of candidacy; he elected Philippine citizenship 10. Because of the fat salaries and allowances that GOCC
and thus forswore allegiance to Canada. Decide. executives were getting, the President sought from them
2. Because of the death of a member of the Sangguniang a cut in their pay. Abner, General Manager of a GOCC
Panlalawiagan, the Secretary of Local Government with a fixed term of 6years and Myra, Director III of the
appointed petitioner Jose to the vacancy. Jose took his same GOCC holding a CES rank IV, refused citing the
oath and assumed office. Later on, the Local authority of the Board under their own Charter to fix
Government Secretary appointed respondent Pedro to emoluments. The President demanded Abner’s
the same position and recalled the appointment of Jose. resignation and further effected the transfer of Myra to
Decide. another GOCC under the Office of the President. Abner
3. Discus fully the steps in the appointing process. claimed that his position has the rank of Assistant
4. The BIR Commissioner terminated the services of Lydia Secretary and thus belongs to the career service. Myra
as Director of Assessment and Audit Services and also argued that her unconsented transfer violated her
appointed Antonio as her replacement. Lydia filed a security of tenure as a career service executive service
petition questioning the title of Antonio. The trial court officer. Decide. (Note: (1) GOCC may fix salary but must
found that the termination of the services of Lydia was first seek approval from the President and the
illegal and ordered her reinstatement with payment of Department of Budget and Management. (2) Abner –
full back salaries and other benefits. Lydia argued that courtesy resignation. (3) Myra – CES officer)
Antonio should be held liable therefore. In the
meantime, Ligaya had succeeded Antonio who was September 18, 2004
promoted to a higher position. Decide. (Mendoza Case)
5. Petitioner, the Mayor of Digos City, terminated the 1. Cite the rules on whether or not a public officer may be
services of Angela, the Assistant Secretary to the Mayor, suspended indefinitely.
on the ground of loss of confidence. Angela protested on 2. Marie and Tony were public school teachers. They did
the ground that her position belonged to the classified not report to their classes when the public school
career service. The Mayor argued that under the CSL, teachers went on strike. They were administratively
the secretaries of the city mayors occupied primarily charged and placed under preventive suspension. Both
confidential position and Angela may thus be separated were found guilty and ordered dismissed by the
without cause. Decide. Education Secretary. The dismissal order was made
6. The Provincial Governor extended a permanent executor. On appeal, the CSC reduced the penalty of
appointment to Paulo as administrative officer. The CSC Marie to suspension for 6months and the penalty for
approved it as temporary, subject to the outcome of Tony to reprimand as his absence from work was not
Sandara’s protest. The CSC found that Sandara was connected with the strike. Upon their reinstatement,
better qualified and the next-in-rank revoked the they now asked for the payment of their back salaries
appointment of Paulo and ordered the appointment of during the period of suspension pending investigation
Sandara in his place. Paulo claimed that he could not be and during the pendency of their appeal. Decide.
removed since his appointment was permanent. 3. Discuss whether or not under the Constitution a public
Sandara answered that since the appointment of Paulo officer or employee may hold any other office or
was temporary, he could be removed at any time. employment.
Decide. 4. A Municipal Mayo was charged with violation of the Anti-
7. Upon the findings of the Investigating Committee, the Graft and Corrupt Practices Act (RA 3019). He was
President of the University of the Southeastern preventively suspended pending trial conformably with
Philippines dismissed Joshua for grave misconduct. The Sec.13 of RA 3019. The case was however dismissed
CSC exonerated him ordered his reinstatement. The USP because of his death. His heirs tried to collect the
President argued that under its charter it has institutional emoluments supposedly due him during his suspension.
autonomy. Decide. Decide. (Note: No acquittal before his death.)
8. Mario was appointed Chief of the Personnel Division of 5. State the rules on the acceptance or non-acceptance of
the National Food Authority. Emil, who ranked second to gifts by public officers under Anti-Graft and Corrupt
Mario in the comparative data sheet, appealed to the

TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU Page | 1
S.Y. 2011-2012 TAU MU Academic Committee – PubCorp Past Exam Compilation

A director of the Water District is prohibited from receiving other compensation than the amount provided irregular or anomalous transactions is the party for per diems. Mustapha. The City Engineer wantonly neglected positions occupied in an ex – officio capacity as provided to act on said application.org Practices Act (RA 3019) and the Code of Conduct and it will not affect the discharge of his official duties. shall file the petition on behalf of the State for the position. A local elective official is ineligible for an appointive law. unless so allowed by law or by the primary forfeiture of property unlawfully acquired by the public functions of his office. if any. what steps. Balances on loans and insurance premiums unpaid by the Secrecy of Bank Deposits Law. Decide on all his 10. notwithstanding Jose’s letters by law and required by the primary functions of their of inquiry which were left unanswered. criminal – liability under RA 6713. The Justice Secretary has the right to receive additional contentions. When a public employee is indebted to the government. without violating the 20. TRUE FALSE. The head of office as the final approving authority of 5. 6. court has no discretion or duty to determine whether preventive suspension is required. (true. 17. TAU MU FRATERNITY and SIGMA TAU MU SORORITY Ateneo de Davao . for a fraudulent years from the date of resignation. A public officer can invoke in his favor laws on acquisitive prescription and limitation of actions respecting the Part I: True or False. TRUE husband of Cindy was the chief of the Asset 12. the Constitution itself. he dismissal. losses in view of the delay in its issuance. The property was awarded to Cindy. TRUE employment in a private firm having a pending 21. Will his conviction 13. A member of the family of a public officer may accept indebtedness to the government.Y. Unsolicited gift of small value may be accepted by the FALSE government officer from the transacting public so long as TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU Page | 2 S. FALSE. Because of the failure of Leah to pay several installments. The right of the State to file a petition for the forfeiture 6. join or assist employees organization Management Division of SSS. Decide. Contractor Jose applied for a license with the Office of by Cabinet members under the Constitution applies to the City Engineer. he communication sent by the public within 15 working days claims that the graft case did not arise from his acts as a from his receipt thereof gives rise to administrative and Congressman and that following the AGUINALDO ruling. A civil service employee may accept employment as an the SSS cancelled the contract and sold the land by public officer of a private enterprise if expressly permitted by bidding. Leah entered into a conditional contract to sell with the Judicial and Bar Council as ex – officio member. FALSE. after the conduct of prescribe in 15 years. FALSE. FALSE. 19. FALSE. He questioned the validity of the order claiming that under Sec16 Art. detailed and sworn) well – settled rule that retirement pay may not applied to 4. property unlawfully acquired by him. the Sandiganbayan issued a suspension order retirement age set by law. Furthermore. TRUE September 24. 7. The prohibition against the holding of multiple positions 9. The rule on forbidden office under Article VI Section 13 transaction with the public officer provided he does not of the Constitution does not apply to offices created by recommend or intercede on behalf of his family member. interests of employees and collective bargaining. The corrupt acts enumerated in Section 3 of RA 3019 1. Under RA 1379. he 9. TRUE inquiry and a determination of probable violation of said 18. Meanwhile. In criminal prosecutions under the Anti – Graft Law. 8. During the retire from the service upon reaching the optional pre-trial. 2005 16. All public officials and employees are required to file under oath their Statement of Assets. A government physician may engage in the private cause his termination from public office? Why? practice of medicine if authorized by law and such B. TRUE government retiree may be deducted from the 3. 2. Pedro was convicted of an offense. A. Jose incurred office. remuneration for his participation in meetings of the 7. (prohibited – directly or indirectly) 22. would you take to protect his rights? Cite applicable laws involved. The failure of a government employee to respond to any can be suspended only by Congress. FALSE. TRUE by the courts? Why? 14. officer.College of Law www. The right to form. FALSE. Ethical Standards (RA6713). a public officer is allowed to subsequently filed with the Sandiganbayan. Notwithstanding the pendency of an administrative of the Ombudsman for which an information was investigation . the Ombudsman. separation or contract he allegedly entered into while still a Mayor. Liabilities and Net retirement benefits due him from the GSIS despite the Worth. former Mayor of Marawi City. The law.TAUMU. for 0days. 2011-2012 TAU MU Academic Committee – PubCorp Past Exam Compilation . as well as those of his relatives and friends FALSE. TRUE was charged with graft under RA 3019 before the office 8.VI of the Constitution. FALSE. public official. SSS involving a parcel of land belonging to the latter. ultimately responsible in case of COA disallowance. As the counsel 15. in cases of unexplained wealth. against him. 11. Leah assailed the award of exists for the purposes of furthering and protecting the the land to Cindy. ran and won as of unlawfully acquired property prescribes after four Congressman of that city. the of Jose. FALSE. TRUE he could no longer be held liable. Is loss of confidence as a ground for recall reviewable practice will not conflict with his official duties. Government prosecutors may look into the properties in the COA may direct the head of office to withhold the the name of the spouse and unmarried children of the payment of any money due him to satisfy such debt.

The prohibition against partisan political activity does not apply where an employee expresses his views on Part 1 candidates for public office from whom he supports. The Internal REVENUE Allotments are included in the the criminal cases filed against him. a and exemplary damages. FALSE following laws: 4. a private firm. upon whom the the HLURB are complaints filed by several law has imposed the positive duty of performance in homeowners’ associations against Titan Builders. For the accountable officer to escape liability by reason affairs which are wholly beyond the sphere of public of her having acted under the direction of a superior purposes for which its governmental powers are officer in paying out a questionable transaction. A judge of the RTC cannot be designated to an agency emoluments? Explain. pending before 27. TRUE sufficient that she verbally notifies the latter the illegality 2. Are the additional duties of Gloria unless allowed by their department heads. he acted in good faith and with honest intention. Isko borrow a commercial loan from the Development Bank assigned a foreman to manage construction activity of the Philippines. Any tax ordinance shall be construed liberally in a. FALSE government corporation. Discuss the nature and extent of the power to effect unless approved by a majority of the voices preventively suspend a public officer. FALSE Code (RA 7160) 5. Gloria. TAU MU FRATERNITY and SIGMA TAU MU SORORITY Ateneo de Davao . FALSE Inspector of the Housing and Land Use Regulatory 26. of the National Executive Board of the Boy Scouts of TRUE TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU Page | 3 S. Secretary of the Department of Education. Section 63 and 68 of the Local Government policy of fiscal autonomy. TRUE during non-working days. FALSE central government to political subdivisions in order Part II to broaden the base of government power and make local governments more responsive and ensure their 1. validity of incorporation of a municipal corporation performs additional duties and functions as member applies only where it is least a de facto corporation. his spouse cannot of the latter’s housing construction business. 7. discuss the bases of the conduct of FALSE lifestyle check by the Ombudsman. The cases were computation of the average annual income of the dismissed because of the desistance of the offended municipality for the purpose of determining whether parties. provisions. However. 1. The prohibition on financial interest under the Board (HLUB). FALSE 17 October 2005 29. A baseless charge alleging the Commission of a wrongful the Philippines (BSP) and as member-designate of act by public official entitles him to the recovery of moral the Local Water Utilities Administration (LWUA). Isko. as Project Consultant expects to derive benefit. a policeman. Is which an individual has a special and direct interest that there transgression of laws here? Explain. The corporate executive and at least two thirds of c. No creation of a local government unit can take 2. Section 24 of the Ombudsman Act (RA 6770) favor of the municipal corporation in line with the b. Accordingly. but can obtain such loan from the allotted his time thereto only after office hours and Philippine Veterans Bank. Section 13 of the Anti-Graft Law (RA 3019) time is fixed therefore by law or ordinance. Thus. TRUE 6. Does the doctrine of sovereign immunity from suit 28. he receives a 24. TRUE compel his reinstatement. a temporary employee holding the item of unless authorized by law. Section 42 of the Civil Service Law (PD 807) the members of its Sanggunian unless some other d. Citing specific Constitutional and statutory fullest developmental as self – reliant communities. Explain. if any. It is no defense to a ministerial officer. officio member because the former is covered by a separate constitutional proviso applicable in general to 2nd Year Final Exam civil service employees. was suspended because of 6. Political autonomy is the transfer of power from the of the payment. FALSE 3.org 23. as well as his cast in a plebiscite called for the purpose in the right of recovery of back salaries. a government agency was hired by Constitution is one that the Senator or Congressman Titan Builders. The representative who holds a rank below Assistant apply to complaints filed against civil servants for Secretary is not subject to strict constitutional acts done in the performance of their duties? prohibition imposed on the Cabinet Secretary as ex. 2011-2012 TAU MU Academic Committee – PubCorp Past Exam Compilation . Existing civil service rules provide that government monthly honorarium from LWUA and per diems employees are prohibited from engaging in business from BSP. TRUE constitutional and is he entitled to the above-named 25. Decide. under the political unit proposed to be created. He sued to recover back salaries and to the municipality may be converted into a city.Y.College of Law www. public corporations stand TRUE for the community in the administration of local 30.TAUMU. performing quasi-judicial function to act as arbitrator 5. In their proprietary aspect. Petitioner. The rule disallowing collateral attack against the 4. it is conferred. 3.

TRUE 27. The permanent closure of a freedom park is not valid regulation. The principle of stopped can be applied against a carried out his part of the contract and despite that municipal corporation to validate a contract which the municipal corporation has been benefit thereby. FALSE the creditors of the municipality have already 30. FALSE within its territorial jurisdiction. Properties of a municipality. All municipalities which were organized pursuant to exception to the rule that the procurement by Executive Orders and Presidential Decrees and municipal corporations of goods and supplies must existing. not or injury to persons or damage to property. The Prosecutor’s refusal to represent the justifiable reason to effect payment of a final money municipality which itself does not have a municipal judgment rendered against it. A municipality is liable on a contract entered on its privileges in municipal waters is superior to the behalf by its officer who is not duly authorized if the power conferred to the Laguna Lake Development contract is within the scope of its corporate powers Authority (LLDA) to issue permits for the enjoyment and benefits accrue to the municipality. TAU MU FRATERNITY and SIGMA TAU MU SORORITY Ateneo de Davao . the authority of municipalities to grant fishery 34. TRUE suspend the mayor of a highly urbanized city at 12. FALSE not be the basis of an order of suspension. FALSE becoming final or executory. The local chief executive has the full authority under disapprove an ordinance of a component the Local Government Code to negotiate and secure municipality authorizing the mayor to initiate financial grants in support of basic services from expropriation proceedings. The Sanggunian Bayan of the municipality has the municipal corporation is best left for the courts to power under RA 7160 to create a barangay located decide. FALSE 29. The Provincial Governor is authorized to preventively municipalities. The Sangguniang Panlalawigan does pot have there acquired vested right.org 8. TRUE hority under the Local Government Code to 18. The filing of an appeal by the taxpayer questioning benefits there under. Personal canvass of at least three suppliers is the 11. TRUE money judgment against the municipality. TRUE 9. The lack of verification of the complaint initiated by 23. the municipal corporation has no power to make if TRUE the municipal corporation has willingly accepted 32. An appeal in the administrative case against the the decisions of the head of the local governments if local elective official prevents a decision from the same are not in conformity with the law. TRUE 24. an of the date of the effectively of the Local be made through competitive public bidding. local government units and their the Secretary of Interior and Local Government officials are not exempt from liability for the death against a Provincial Governor is a more formal. FALSE TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU Page | 4 S. Under RA 7160. TRUE foreign aid agencies without securing clearance from 31. FALSE avail of the remedy of creational to compel the 17. TRUE without a provision in the sanggunian ordinance for 21. Municipal corporations have control the operations has the effect of suspending the effectively of the of a light or other like facility except that the service ordinance under RA 7160. FALSE powers. In line with her constitutional power of supervision of fishery privileges in Laguna de Bay under its which empowers the President to ensure that laws charter. whether or not the other party hanfully 19. The municipal corporation mat take immediate by the local chief executive acting pursuant to a valid possession of the property to be expropriated resolution passed by the Sanggunian. FALSE period of four years. TRUE jurisdictional.College of Law www. whether real or 13. cannot be corporations unless this power is conferred on them attached and sold at execution sale to satisfy a by law. Where the municipality fails or refuses without 16. the President can set aside 22. FALSE subject to the sole condition that there must be a 15. The Legislature has absolute control over public enactment and approval of the necessary revenues of the municipality except that over which appreciation ordinance. the aggrieved party attorney is a legal of private counsel. A municipal corporation cannot be held on a the national government so long as the project does contract not within the ambit of its corporate not have any national security implication. TRUE 7160. Consistent with the concept of devolution under RA its transfer to another location. The validity of incorporation of a municipal deposit with the court of at least 15% of the fair corporation may be challenged only by the State in a market value of the property based on the current direct proceeding such as quo warranto within a tax declaration thereof. FALSE the constitutionality or legality of a tax ordinance 20. defect. Acts of lasciviousness of a local elective official anytime after the issued have been joined and under cannot be considered misconduct in office and may any of the grounds provided by law. FALSE 25.Y. Courts cannot order the dissolution of municipal personal and regardless of their nature. The power of eminent domain may only be exercised 28. TRUE Government Code are already considered as regular 26. FALSE 14. FALSE and rate of light facility may be subject to state 33. A territorial dispute between two or more adjoining 10.TAUMU. FALSE are faithfully executed. 2011-2012 TAU MU Academic Committee – PubCorp Past Exam Compilation .

TAUMU. TRUE police. members of the Sanggunian. Balances on loans and insurance premiums unpaid by the municipal corporation of a revenue measure by the government retiree may be deducted from and the remedy available to the taxpayer who the retirement benefits due him from the GSIS questions its constitutionality or legality. and corporate powers. The nature of the relation of a public officer to the 39. policy determining or highly technical. whether the position is classified as primarily 40. such practice will not be in conflict with his official 5. Shaq. The failure of a government employee to answer any in the main streets. The Municipality of Mati in Davao Oriental passed an may not be applied to indebtedness to the ordinance authorizing the Mayor. Will the 6713. FALSE is. assisted by the government.org 35. who owns and rents out communication received by him from the public the billboards ordered removed by the Mayor on the within 15 working days from his receipt thereof gives ground that these here nuisances sues Municipality rise to administrative and criminal liability under RA for payment of compensation and damages. Joey. Is the from receiving allowances and benefits other than city liable? Why? per diems whereas the NAPOCOR Chapter expressly 2. 9. FALSE the defendant city councilors against the individual TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU Page | 5 S. transacting public provided it will not affect the Pio was ejected by virtue of a resolution adopted by discharge of his official duties. A municipality may ratify a contract which it could itself. that certiorari and mandamus before the court. the emoluments attached to the office even if he exercises the power of control over municipal occupied the office in good faith. Unsolicited gifts or tokens of significant value may 6. The de facto doctrine was formulated not only for the protection of the public who get involved in the Part 2: Write your answers to the following questions in your official acts of persons discharging the duties of an booklet. FALSE 1. TAU MU FRATERNITY and SIGMA TAU MU SORORITY Ateneo de Davao . TRUE 02 September 2006 37. however. The proper remedy of the aggrieved partly who public is inconsistent with either a contract or questions the dismissal of the administrative case by property right. TRUE that the suit should be directed against the city 36. lawfully have made at the time of such ratification although it had no such power when the contract was first executed. through the legislature and the President. Defendants raise the a municipal corporation may still exist if it is able to defense that as members of the Sanggunian acting show its existence by reputation or long use of as a body. 2011-2012 TAU MU Academic Committee – PubCorp Past Exam Compilation .Y. What characterizes an appointment as permanent respondent Municipal Mayor is a petition for or temporary is the nature of the position filled. not mean authority to enter all corporation to carry FALSE into effect the purposes it was created. Where there is a de jure officer. FALSE during his wrongful incumbency. May a public square be closed by a local government functions. FALSE suit prosper? Would you answer differently if the 8. The State. May a thoroughfare be leased to market stallholders grants the members of its board the right to receive by virtue of a Sanggunian ordinance?Explain. TRUE corporations. but chiefly for the protection of said de facto officer. The operation of a lotto outlet in a municipal corporation requires prior consultation with and 2nd Year approval of the Sanggunian consistent with Sections Part 1 26 and 27 of the Local Government Code or project in a particular which provide that Sanggunian authority has to be obtained first whenever the government implements a nationals program local 1. TRUE the Sangguniang Panlalawigan against the 3. allowances apart from per diems. 5. a de facto officer. FALSE unit ? Explain. an employee of the City Government of Davao. FALSE 3. to remove all advertising billboards displayed 7. A government engineer may engage in the private removal of the billboards by the Mayo was for the practice of his profession with the sole caveat that purpose of beautification ? Explain. Even in the absence of a law or ordinance crating it. is not entitled to 38. they cannot be held personally liable. TRUE 4. causing serious physical injuries to me letter. office without being lawful officers. The power of the local government to contract does confidential.College of Law www. FALSE 2. Explain the prescribed procedure for the enactment 6. are prohibited under their charter. as amended. despite the well-settled precept that retirement pay 4. Pio was granted the privilege of operating a ferry by be accepted by the government employee from the Basilan City for four years. community. After two years. Decide. Members of the board of directors of water districts while driving a city-owned ambulance hit Kobe.

TRUE latter in accordance with Section 82 of its RA 7160. A public officer cannot invoke in his favor laws on FALSE acquisitive prescription and limitation of actions 25. but designations. FALSE 19. additional benefits attached to the position upon the TRUE person so designed. All competitive positions belong protest by the due strictly the amounts provided in the General trial court upon the death of the real party in Appropriations Act.TAUMU. Under RA 3019. FALSE to the rule and that what she issued to them are not 21. are not resignation not to the Sanggunian Bayan but to the de facto officers and therefore not entitled to Municipal Mayor and acceptance thereof by the compensation. In criminal prosecutions under the Anti-Graft and 26.College of Law www. value of his earned leaves. and no other requirement is needed. All competitive positions belong to the career service Commission on Appointments. In an election protest involving the contested post of 24. being mere designates. public school teachers. TRUE TRUE 13. Officer II “ was appointed Chief of the General the first commissioner should start on a common Services by City Mayor Agan. a prima facie evidence of the public grade 27 and above but also those other lower officer’s unexplained wealth is a valid ground for his ranking officers as expressly provided by law. The representatives of ex-officio members of his office by resignation upon his submission of his government boards. FALSE covered by the rule. said that Angie could be validly TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU Page | 6 S. For the effective operation of the so-called 2. better qualified and thus. a public officer who is Officer III Flor. 22. FALSE classification. who previously occupied the post “Supply rotational scheme for constitutional commissions. 27. affecting government employees are within the exclusive jurisdiction of the Civil Service 1. TRUE to final action taken in the protest filed by Supply 23.However. TRUE interest is proper since an election protest is 28. The writ of quo warranto is always directed to an revoked the designations on the ground that these officer as such and not against the person. Although cases involving personnel action. FALSE Immigration. the CSC has no original second degree cousin to the positions of jurisdiction over administrative complaints against Administrative Officer and Private Secretary. 17. The corrupt practices of public officers enumerated in Section 3 of RA 3019 prescribe in 20 years. A Sanggunian Bayan member is deemed to leave lost 16. Decide. FALSE The Solicitor General. TRUE 18. TRUE indefinite with Section 82 of its RA 7160. Subsequently. FALSE the corporation and neither is it required to follow 14. Equity and justice justify payment of salary and respecting the property unlawfully required by him. when asked by the court for his comment. hence the are nepotic in violation of E 292. The right of the appointee to enter into the public Corrupt Practices Act. TRUE respectively. the death of the protestee Mayor will not still quality for local elective post by taking an oath extinguish his counterclaim for damages against the of allegiance to the republic and registering the protestant and the protestee’s heirs may therefore certificate of repatriation with the Bureau of substitute in his place. the public officer’s successor in office is bound by the Governor claims that her issuances were exceptions judgment in quo warranto. Under Section 13 or RA 3019. 2011-2012 TAU MU Academic Committee – PubCorp Past Exam Compilation . The jurisdiction of the Sandiganbayan covers not FALSE only high ranking government officials with salary 30. A person appointed by the President as Department personal and exclusive to the protestant and the Secretary while Congress is in session cannot assume protestee. the CSC found Flor. it gratuity benefits under any law. including Part II reassignment. TRUE 29. the court has no discretion or office does not become plenary and complete until duty to determine whether preventive suspension is he satisfies the prerequisite of taking the oath office. 11. The Philippines Postal Corporation is not covered by the Bliss Development Corporation and the Duty the Civil Service Law as regards personnel Free Philippines (DFP) are under the authority of the compensation structure and position classification in NLRC pursuant to the Labor Code. required. The Governor designated her brother-in –law and a Commission (CSC). TAU MU FRATERNITY and SIGMA TAU MU SORORITY Ateneo de Davao . they are not service classification. FALSE 12. the convicted by final judgment loses all retirement or next-in-rank employee. Angie. including the money disapproved Angie’s earlier permanent appointment. The appointment was date and any vacancy before the expiration of the described as permanent but the Civil Service term should be filled only for the unexplained Commission (CSC ) approved it as temporary subject balance of the term. FALSE office unless there is concurrence by the 15. Employees of the Food Terminal Incorporated (FTI).Y.org 10. Non-competitive positions belong to non-career appointments. The Civil Service Commissions (CSC) 20. A Filipino who becomes a naturalized American can Mayor. hence.

Not pleased. Friends Alex. refused citing the authority of within 15 working days from his receipt thereof gives rise to the Board under the GOCC Chapter to fix the administrative and criminal liability. President were getting huge salaries and allowances. TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU Page | 7 S. conduct prejudicial to the service rather than grave misconduct. during the pendency of their appeal. seek your legal advise. as amended. 6. 7. Are they qualified to seek local members of the Senate and House of Representatives. conviction to avoid punishment but also those who. Maria claimed that her unconsented being charged. after due proceedings. Decide. __________11. The tax ordinance enacted by the local government unit must be published for two consecutive days Public Officers and Public Corp 18 August 2007 in a newspaper of general circulation as required under the 4th Year Atty. The prohibition against holding multiple permanent resident in Germany.M. subject to such requirements that under the 1987 Constitution. flee to avoid prosecution. In an election protest involving the contested (The answers are not readable…sorry…) post of Mayor. after Gene hand. TAU MU FRATERNITY and SIGMA TAU MU SORORITY Ateneo de Davao . The boundaries of a component city may be 4. ________7. The failure of a government employee to years. The Agriculture Secretary. Gene argued that the for the disqualification of a person seeking to run for any position has the rank of Undersecretary and thus elective local position includes not only those who flee after belongs to the transfer of Maria to another GOCC. Dyango is a ________3. and Maria. Decide. Write your answer either True or False on your bluebook. the President sought from them a cut in their pay. Give at least 3 legal bases for the conduct of lifestyle on government employees.Y. ________4. otherwise the same is null and void. Alex possesses both Philippines and Canadian citizenship.org replaced because her appointment was temporary ________2. Elman Local Government Code. Members of the board of directors of water in his place. Acting on the report of the Budget Secretary that executives of GOCC’s attached to the Office of the _________8. districts are prohibited under their charter. Dyango and Efren are intending to run plebiscite conducted for the purpose in the political unit for local elective posts in next year’s election and directly affected. Director III of the same GOCC answer any communication received by him from the public holding a CES rank II. the Court must first conduct a pre- (CSC) commuted the penalty of Troi suspension of suspension hearing before determining whether preventive four months on a finding of the lesser offense of suspension is required. You have one hour and forty five minutes to finish this exam. emoluments. the death of the protestee Mayor will not extinguish his counterclaim for damages against the I. protestant and the protestee’s heirs may therefore substitute ________1. prescribed in the Local Government Code. the Civil Service Commission Corrupt Practices Act. The term “fugitive from justice” as a ground of Marias to another GOCC. transfer violated of tenure as a career executive officer. R. 5. The Sangguniang Panlalawigan may change the and therefore could be withdrawn at will.College of Law www. elective offices? Explain.TAUMU. In criminal Prosecutions under the Anti-Graft and anomalies. the President demanded Gene’s resignation and further effected the transfer __________10. while the penalty imposed on Noel was ________6. Gene President of a GOCC with a fixed term of 5 ___________9. the same shall be effective only upon ratification in a 3. On appeal. Decide. of its board the right to receive allowances apart from per diems. 2011-2012 TAU MU Academic Committee – PubCorp Past Exam Compilation . with or name of component cities and municipalities provided that without cause. dismissed employees Troi and Noel for certain ________5. from _________13. while Efren is an positions in public and private employment covers the ex-convict having been sentenced by final judgment President and the members of her cabinet as well as the for estafa in 2001. Reconcile the classification of positions in the civil substantially altered by an ordinance passed by the service under the Revised Administrative Code from Sangguniang Panlalawigan. _________12. The rule is that local government units and receiving allowances and benefits other than per diems their officials are not exempt from liability for death or injury wheras the NAPOCOR Charter expressly grants the members to persons or damage to property. Voluntary renunciation of the office by the local charged to a fine equivalent to 15 days’ pay on a elective official for any length of time shall not be considered finding of simple neglect of period of their as an interruption in the continuity of his service for the full preventive suspension pending investigation and term for which he was elected.

but this rule applies only when the _________24. What characterizes an appointment as permanent or _________22. 18 which authorizes temporary is the nature of the position filled that is. Administrative Order No. cultural undertakings unless officially recognized by the local government unit concerned. policy determining or highly technical. An appointment issued and approved by the cannot take immediate possession of the property Civil Service Commission “subject to the availability of funds” unless it makes a deposit with the court of at least 15% is a conditional appointment and therefore temporary. The appointment by the President of a municipal corporation is at least a de facto municipal Provincial Governor to serve at the pleasure of the former as corporation. formulate policies and undertake activities subject to the control of the President of the Philippines. 27. even though the legislative power. a municipal corporation may not be attacked collaterally. _________21. the municipal corporation _________16. The grant to the Cultural Center of the Philippines (CCP) permanent closure of a national road by a vote of at least two of the autonomy of policy and operation under PD 15 thirds of all the members of the Sanggunian under the Local gives a free hand to the CCP Board to initiate and Government Code. A person nominated by the President as Department within the exclusive jurisdiction of the Civil Service Secretary while Congress is in session may not assume Commission (CSC). retirement benefits due him from the GSIS despite the well- settled precept that retirement pay may not be applied to 35. city and municipal mayors are 26. having jurisdiction over the disputed area. A Municipal Councilor is deemed to have relinquished his office upon submission of his resignation letter to and _________23. Under the Revised Administrative Code. professorial staff of state colleges and universities. Although cases involving personnel action. A contract of lease granting fishing privileges is 25. refers to the authority of the de facto officer occupied the office in good faith and under sangguniang to enact such ordinances as may be the color of title. 34. _________15. Balances on loans and insurance premiums acceptance thereof by the Municipal Mayor in unpaid by the government retiree may be deducted from the accordance with the Section 82 of RA 7160. _________18. The prohibition against holding any other office as before a national program or project can be implemented by applied to the assistants of the members of the government authorities in a particular local autonomy. In the event that the Sangguniang fails to effect an a valid and binding contract but can be impaired by a amicable settlement within 60 days from the date the subsequent resolution setting it aside and granting the boundary dispute was referred thereto.TAUMU. TAU MU FRATERNITY and SIGMA TAU MU SORORITY Ateneo de Davao . as distinguished from general latter during the time of his wrongful tenure. In expropriation proceedings. of the assessed value of the property. A government physician may engage in the private prohibited from practicing their profession or engaging in any practice of his profession sole caveat that such practice occupation other than the exercise of their functions as local will not be in conflict with his official function. 2011-2012 TAU MU Academic Committee – PubCorp Past Exam Compilation .College of Law www. A rightful incumbent of a public office my recover from a de facto officer the salary received by the 29. affecting government employees are 32. Under the Local Government Code. 33. the CSC has no original jurisdiction over office unless there is concurrence by the Commission administrative complaints against public school teachers and on Appointments. chief executives. including reassignment. prior consultation and/or approval of the Sanggunian is needed 30. A natural-born Filipino who becomes a naturalized compensation and there is no incompatibility of offices. _________17. _________20.org _________14. A municipality has the power to cause the 28. All governors. Section 68 of the Local Government Code which allows the execution of an administrative decision pending appeal. ________19. Cabinet does not apply to the chiefs of bureaus and offices under the Executive branch. the Office of the President to stay the execution of an whether the position is classified as primarily administrative decision pending appeal cannot prevail over confidential. any party may privilege to another in the exercise of police power by the elevate the matter to the proper Regional Trial Court municipal corporation. the term temporary appointment shall be 12 months unless 31. necessary to carry into effect and discharge the duties conferred upon it by law. Police power proper. There can be no temporary closure of local park for sooner terminated for cause by the appointing authority.Y. concurrent Presidential Assistant for Peace Process is constitutional so long as the latter receives no additional 36. The validity of incorporation and corporate existence of indebtedness to the government. foreign citizen can still qualify for local elective post by taking an oath of allegiance to the republic and TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU Page | 8 S.

a person a prima facie evidence of the in quo warranto. CSC rating the Civil Service official duties. 2011-2012 TAU MU Academic Committee – PubCorp Past Exam Compilation . the protestant and the protestee. Commission may effect reorganization in any of its offices and organizational structure as the need arises 40. Unsolicited gifts or tokens of significant value may be to contract. convicted by final judgment loses all retirement or gratuity benefits under any law excluding his earned 43. The head of the government office who is the final principals. the first commissioner Directors to conceptualize and institute its own should start on a common date and any vacancy personnel compensation structure and position TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU Page | 9 S. Employees of the Duty Free Philippines (DFP) and the leave credit. The jurisdiction of the sandiganbayan covers not only head criminally liable under the Arias doctrine despite high ranking government officials with salary grade 27 the fact that he has the duty to oversee the work of and above but also those other lower ranking officers the colluding employees. The agents of ex-officio members of government boards are de facto officers since they are designated by their 57. before the expiration of the term should be filled only for the unexplained balance of the term. All the competitive positions belong to the career service should start on a common date and any vacancy classification. Under Section 13 of RA 3019 a public officer who is sovereign with the state. A non-career service personnel whose tenure of office is 45. The dismissal of an election protest by the trial court allowances. approving authority of a questionable transaction which has been disallowed by the COA may not be 47. The Philippine Gamefowl Commission being under the additional benefits attached to the position upon the Executive branch and consistent with the duty to person so designated.Y. The writ of quo warranto is always directed to an officer cockpits in cities and municipalities. ensure faithful observance of laws by LGUs. All non-competitive positions are make the non-career fixed by law may be removed from office at the service classification. A municipal corporation is duly. TAU MU FRATERNITY and SIGMA TAU MU SORORITY Ateneo de Davao . accepted by the government officer from transacting public provided it will not affect the discharge of his 52. 46. including the grant of 44.TAUMU.bound upon an implied completion of the investigation. The principles of local autonomy under the 1987 Constitution does not make the local governments 54. pleasure of the appointing authority without violating the security of tenure guarantee. legislature. as expressly provided by law. other requirement is needed. the municipal corporation has willingly accepted benefits there under.College of Law www. possesses the power of review and regulation over ordinary 50. as such and not against the person. 49. Equity and justice justify payment of salary and 37. Despite the Eugenio vs. public officer’s unexplained wealth is a valid ground for his infinite administrative suspension until the 51. the authority of the Civil Service Commission while the Philippine National Construction Corporation (PNCC) 55.org registering the certificate of repatriation with the before the expiration of the term should be filled only Bureau of Immigration and the civil registry. The authority of any government-owned and controlled and the Food Terminal Incorporated (FTI) are under corporation as conferred to it under its charter by the ambit of the Labor Code. 58. hence the public officer’s successor in office is bound by the judgment 38. 42. contract to pay the reasonable value of the benefits appropriated by it as to which it has the general power 39. For the effective operation of the rotational scheme for the Civil Service law is empowered thru its Board of constitutional commissions. For the effective operation of the national scheme for constitutional commissions. Estoppel cannot be applied against a municipal without securing prior legislative authorization and corporation in order to validate a contract which the such reorganization does not constitute illegal municipal corporation has no authority to make even if removal. The Philippine Postal Corporation although covered by 48. Under RA 3019. 56. cannot be subordinate to the authority of upon the death of the real party in interest is proper the Department of Budget and Management to review since an election protest is personal and exclusive to such compensation and benefits plan. and is perpetually disqualified for Philippine National Oil Corporation (PNOC) are under reemployment in the government service. to formulate and implement its own compensation system. the first commissioner 41. 53. and no for the unexplained balance of the term.

pursuant to the Local Government Code. The RTC held the Justice Secretary’s as unconstitutional because it gives him control over local government and violated the constitutional policy of local autonomy. Paranaque City seeks to impose realty taxes on the lands and buildings of the GSIS and the Manila International Airport Authority (MIAA).TAUMU. Juan and Pedro. Decide 3. Part II 1.org classification and it need not follow strictly the amounts provided in the General Appropriations Act. Upon appeal of an aggrieved taxpayer to him. VII Section 16 of the Constitution. both GSIS and the MIAA claim that they are exempt from such impositions. b) State your agreement. which withdraw real property tax exemptions of the government-owned and controlled corporations. Rule the constitutionality of the multiple positions occupied by them and their receipt of additional emoluments. to the statement that the issuance by the President of an acting appointment while Congress is in session is an impairment of the power of the Congress under Art. Juan and Pedro received honoraria from such other positions held by them. 60. lawyers of the government corporations Food Terminal INC. On the basis of Sec. Give reasons 2. declared the Revenue Code of Quezon City void for failure to follow the procedure for the enactment of tax ordinances and for containing provisions that were contrary to law. Appointments to the start of the Civil Service Commission are not appointment to particular positions but rather appointments to specified public offices. a) Give at least 3 distinctions between a interim appointments and acting appointments issued by the President. notwithstanding its pendency before the office of the President. and of Sections 234 and 534 of the Local Tax Code. respectively. Decide with reasons. both accepted employment as members of the People’s Law Enforcement Board (PLEB) and the Lupong Tagapamayapa. 10 Article X of the Constitution. or disagreement. the Secretary of Justice.College of Law www. which grants authority to create its own sources of revenues and to levy fees. Once made executory the decision of the Sangguniang Panlalawigan dismissing a local mayor for misconduct and oppression is a bar to his candidacy for any elective position. (FTI) and the Philippine National Oil Co. God bless  TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU TAU MU Page | 10 S. TAU MU FRATERNITY and SIGMA TAU MU SORORITY Ateneo de Davao . However. 4.Y. 59. 2011-2012 TAU MU Academic Committee – PubCorp Past Exam Compilation . (PNOC).