Professional Documents
Culture Documents
1. This law provides that public officials must make public documents accessible to, and readily available for
inspection by, the public within reasonable hours and their violation of this provision make them criminally liable
therefor.
2. When a conflict of interest arises, the public official or employee shall resign from his position in any private
business enterprise within how many days?
3. It refers to an authority derived from official character merely, not expressly conferred upon the individual
character, but rather annexed to official position
a. Designation
b. Appointment
c. Ex-Officio
d. Ad Interim
4. It is neither removal, suspension or transfer when made in the interest of public service and absent a showing of
manifest abuse of discretion or some improper motive or purpose.
a. Preventive Suspension
b. Promotion
c. Temporary Detail
d. Acting Capacity
a. One year
b. Six Months
c. Five Years
d. Three years
a. Existence of a created position with fixed compensation or emolument attached to the position
b. Issuance of a valid appointment
c. Rendition of services being paid
d. Payment to the right person
a. in all offenses punishable by more than 6 years imprisonment, while Congress is in session
b. in all offenses punishable by less than 6 years imprisonment, while Congress is in session
c. in all offenses punishable by less than 6 years imprisonment, while Congress is in recess
d. in all offenses punishable by more than 6 years imprisonment, while Congress is in recess
3. For those who have retired from the government service and has been receiving pension and subsequently re-
enters the government service, they
a. Cannot anymore continue receiving his retirement benefits due to the prohibition on double compensation
b. Must choose between continuing to receive his pension or receiving a salary for his job upon re-entering the
government service, but not both
c. Can continue receiving the salary attached to the latter job, and the retirement benefits he had received or is
receiving do not constitute double compensation
d. Must return the pension he previously received, and will be entitled to the regular salary of his job upon re-
entering the government service
4. Mr. A, a government employee has numerous debts to Mr. B. Due to his inability to pay, Mr. B filed an action
for the garnishment of Mr.A’s next paycheck. Will his action prosper?
a. Yes, since the salary already accrued to Mr.A’s favour even though he has not received it yet. As such, it is his
property and can properly be garnished for the payment of a debt
b. No, since a salary check of a government employee does not belong to him before it is physically delivered to
him. Hence, money in the hands of public officers although these are due to government employees, is not liable to
the creditors of these employees in the process of garnishment.
c. No, since being a government employee, Mr.A has special privileges and cannot be compelled by Mr. B to pay
his debts while still in office.
d. Yes, since a government employee’s salary can properly be garnished in all instances.
a. The salaries of Senators and Members of the House of Representatives can be increased at anytime since salary
rates are determined by the legislative body itself.
b. The salary of the Chairman and the Commissioners can be decreased during their tenure.
c. Pensions or gratuities shall not be considered as additional, double or indirect compensation
d. The increase in the President and Vice-President’s salaries are immediately effective
1.When can a quasi-judicial agency acquires its jurisdiction over the person as a complainant?
a. Upon filing of his complaint
b. Upon paying the filing fees
c. A and b
d. None of the above
5. Below are the requirements in some judicial agencies in making an appeal to higher
administrative agency, except?
4. Public officers
1. As provided under RA 6713, all public official shall observe the following standards of personal conduct in the
discharge of their public duties, except:
a. Professionalism.
b. Political Neutrality.
c. Simple Living.
d. Commitment to Communism.
a. Recommend any person to any position in a private enterprise which has regular or pending official transaction
with their office.
b. Engage in the private practice of their profession, unless authorized by law.
c. Own, control, manage and accept employment as officer, employee , consultant, counsel, broker, agent, trustee,
etc... in any private enterprises related, supervised or licensed by their office, unless expressly allowed by law.
d. None of the above.
3. This refer to an authority derived from official character merely, not expressly conferred upon the individual
character, but rather annexed to the official position:
a. Ad interim.
b. Ex oficio.
c. Peace officer. (?)
d. Constitutional Commission.
4. An act by any public officer which is prohibited as an election offense under the Omnibus Election Code and is
define as “an act designed to promote the election or defeat of a particular candidate or candidates to a public office.”
a. Piracy.
b. Corruption.
c. Partisan Political Activity.
d. Privateering .
5. Government employees may refer their unresolved grievances and labor disputes to the:
6. One canon of statutory construction with regard to operation of a statute(Segovia vs. Noel)
a. A statute operates prospectively only and never retroactively, unless the legislative intent to the contrary is
made manifest either by the express terms of the statute or by necessary implication.
b. A statute operates retroactively only and never prospectively, unless the legislative intent to the contrary is
made manifest either by the express terms of the statute or by necessary implication.
c. A statute operates prospectively only and never retroactively, unless the legislative intent to the contrary is
made ambiguously either by the express terms of the statute or by necessary implication.
d. A statute operates prospectively only and never retroactively, unless the legislative intent to the contrary is
made manifest either by the implied terms of the statute or by unnecessary implication.
7. One basic principle with regard public office is (Segovia vs. Noel)
a. A public office can be regarded as the property of the incumbent, and that a public office is secured by a
contract.
b. A public office cannot be regarded as the property of the incumbent, and that a public office is not a contract.
c. Public office cannot be regarded as the property of the incumbent, but can be secured through a contract.
d. Public office is not
5. Judicial review
1. The court is free to make the following inquires in judicial review of rules and regulations except:
a. Whether the rule is within the delegated authority of the administrative agency
b. Whether it is reasonable
c. Whether it was issued pursuant to proper procedure
d. Whether it should substitute its own judgment
2. It means the power or right conferred upon the officer by a law or acting officially under certain circumstances
according to the dictates of his own judgment and conscience and not controlled by the judgment or conscience of
others.
a. Mandate
b. Discretion
c. Judgment
d. Authorization
5. The following are instances when mandamus may not lie except:
a. To compel an official to do anything which is not his duty to do or give the applicant anything to which he isn’t
entitled by law
b. To compel not only the enactment and approval of the necessary appropriation ordinance, but also the
corresponding payment of municipal funds therefore.
c. To compel the appointing authority to appoint a particular person to a specific position, though qualified he
may be
d. To require anyone to fulfill contractual obligations
6. Admin
1. The President’s power over government-owned corporations comes from ________. Hence it may be taken
away by ____________.
a. the Constitution-statute
b. statute-statute
c. statute- the Constitution
d. the Constitution-the Constitution
2. Under Administrative Law, decisions of _______________ need not be appealed to the President in order to
comply with the requirement of exhaustion of administrative remedies.
a. Department Secretaries
b. Department Heads
c. Bureaus
d. Executive Departments
4. The Office of the Ombudsman has been granted vast powers, which of the following powers enumerated below
is not provided in the Constitution and in Republic Act No. 6770?
a. Investigatory power
b. Prosecutory power
c. Public assistance functions
d. Authority to inquire and obtain information
e. Function to adopt, institute and implement preventive measures
f. None of the above
g. Both b and e
5. Is it a valid act when the Director of the Placement Bureau automatically became Commissioner of the National
Employment Service without the appoinment made by the President of the Philippines with the consent of Commission
on Appoinments?
4. Which among the following are true with regard to the difference between Petition for Review under Rule 43 and
Petition for Certiorari under Rule 65?
a. Under Rule 43, CA reviews error of facts or error of judgment while in Rule 65, only questions of law and
errors of jurisdiction are entertained.
b. Unlike petition under Rule 43, Special Civil Action for Certiorari under Rule 65 includes the correction of errors
in the evaluation or appreciation of evidence and findings based thereon.
c. Petition for review under Rule 43 should be filed after exhaustion of administrative remedies within 15 days
from the issuance of decision or resolution, while petition for certiorari under Rule 65 should be filed within 60
days from the issuance of the questioned judgment, order or resolution by an aggrieved party with SC, CA or
RTC, as the Rules of court or applicable law provides.
d. all of the above
5. The factual findings of administrative agencies exercising quasi-judicial powers are accorded respect and even finality
if supported by substantial evidence, except:
a. When the findings are explicit, citing the specific evidence on which they are based.
b. When the findings are grounded entirely in speculation, surmises, or conjectures
c. When the findings of fact are not conflicting
d. When the findings are premised on the absence of evidence but such findings are corroborated by the
evidence on record.
1. Does the Sandiganbayan have jurisdiction over a private individual who is charged with malversation of public funds
as a principal after the said individual had been designated by the Bureau of Internal Revenue as a custodian of
distrained property?
A. Yes, because the private individual is now a public officer after the proper designation by the BIR.
B. Yes, because the private individual is accused as the principal in the commission of the crime of
malversation of public funds.
C. No, because the designation by the BIR as a custodian of distrained property does not make the
private individual a public officer in accordance with the law.
D. No, because there is no occasion that a private individual be charged in the Sandiganbayan.
2. Can a private individual duly designated by the Bureau of Internal Revenue become a public officer and therefore
be subject to the graft court’s jurisdiction as a consequence?
A. Yes, because the National Internal Revenue Code (NIRC) specifically provides so.
B. No, because the BIR’s power authorizing a private individual to act as a depositary cannot be
stretched to include the power to appoint him as a public officer.
C. Yes, because the Article 217 of the Revised Penal Code of the Philippines (RPC) provided for those public
officer who can be charged of malversation of public funds.
D. No, because a private individual will never cease to be one and be converted to a public officer.
3. In the crime of technical malversation, the following are essential requisites, except:
4. According to the Local Government Code (Section 63, Chapter IV of the LGC) in all cases, preventive suspension
shall not extend beyond how many days after the start of said suspension?
a. 30 days
b. 60 days
c. 90 days
d. None of the above
5. Preventive suspension may be imposed at anytime after the issues had been joined and any of the following grounds
were shown to exist, except:
a. When there is reasonable ground to believe that the respondent has committed the act or acts
complained of,
b. When the evidence of culpability is strong;
c. When the gravity of the offense so warrants;
d. When the continuance in office of the respondent could influence the witnesses or pose a threat to the
safety and integrity of the records and other evidence.
e. None of the above
9. Judicial Review
1. What remedy may be availed of by an aggrieved party against the non-performance of duty by the public officer, if
his duty is ministerial?
2. What remedy may be availed of by an aggrieved party against the non-performance of duty by the public officer if his
duty is discretionary?
3. It is a statute which is permissive or discretionary in nature and merely outlines the act to be done in such a way that
no injury can result from ignoring it or that its purpose can be accomplished in a manner other than that prescribed and
substantially the same result obtained.
a. Ministerial Statute
b. Directory Statute
c. Mandatory Statute
d. Discretionary Statute
4. An officer sued in his private or personal capacity for acts done beyond the scope of his authority or for unlawful or
tortuous acts while discharging official function cannot invoke:
5. Settled is the rule that jurisdiction to hear and decide cases, which involves the exercise of adjudicatory power is
conferred only by:
a. Rules of Court
b. Implementing Rules and Regulations
c. Constitution
d. Administrative Orders
10. Admin
2. There are 3 types of executive interpretations of the law. Which is not included?
a. Construction by an executive or administrative officer directly called to implement the law.
b. Construction by a Supreme Court justice on the constitutional validity of a statute.
c. Construction by the Secretary of Justice in his capacity as the chief legal adviser of the government.
d. Construction by an executive officer exercising quasi-judicial power in an adversary proceeding.
3. This is the most common act of legislative approval of a contemporaneous construction of a statute.
a. Reenactment
b. Amend prior statute without nullifying the previous contemporaneous construction
c. Appropriating money for the officer designated to perform a task pursuant to an interpretation of a
statute
d. When its silence or failure to repudiate, is acquiescence equivalent to consent to continue the practice
as expressed in the maxim ratihabito acquiratur mandate
4. All these instances except one, allow for the court to disregard contemporaneous construction.
a. Where there is no ambiguity in the law
b. Where the construction is clearly erroneous
c. Where strong reason to the contrary exists
d. Where the court has not previously given the statute a different interpretation
5. As a rule, an erroneous contemporaneous construction creates no vested right on the part of those who relied
upon such construction, except:
a. There are no exceptions.
b. This rule is absolute, because no vested right can arise from a wrong interpretation of the law.
c. In tax cases, in the interest of justice and fair play.
1. The doctrine of separation of powers prohibits the delegation of that which is purely legislative in nature. This
consists of the following, except:
a. to determine the purpose or policy to be achieved by the law
b. to fix the limits within which the law shall operate
c. to add or modify the provisions of the law through implementing regulations
d. to fix the limits within which the law shall operate
e. none of the above
2. The completeness test to determine whether or not there is a valid delegation of legislative power includes the
following, except:
a. whether the provision is sufficiently definite and certain to enable one to know his rights and obligations
b. whether it describes the nature of the power exercised and the right restricted by such power
c. whether it prescribes who must do it
d. none of the above
3. It is a fundamental rule that implementing rules cannot add to or detract from the provisions of the law it is
designed to implement. Which of the following violates this rule?
a. The CSC issued a regulation prohibiting the employment in the civil service a person who is already 57 or more
years of age, except with the prior consent of the Commission and the appointee possesses special qualifications.
b. A social security commission resolution granting financial assistance to SSS employees who retire at 65
years old or who optionally retire.
c. A Memorandum Circular issued by the Chairman of the National Telecommunications Commission
declaring NTC a single entity or non-collegial body.
d. All of the above
e. None of the above
4. In order to be valid, the administrative rules and regulations must be, except:
a. reasonable and partially related to carrying into effect the general provisions of the law
b. conform to the standards that the law prescribes
c. germane to the objects and purposes of the law
d. none of the above
5. Which of the following need not be published under the 1987 Revised Administrative Code?
a. administrative rules and regulations
b. municipal ordinances
c. charter of a city
d. none of the above
12.
1. Which of the following is NOT true with regard appointment and designation:
a. Appointment is the selection by the proper authority of an individual who is to exercise the functions of
a given office.
b. Designation connotes the imposition of additional duties upon a person who is already in the public
service by virtue of an earlier appointment or election.
c. By its nature, designation is temporary while appointment is permanent.
d. Designation refers to the assignment of a public officer to perform certain functions similar to that of
his position to which he has been appointed.
2. Which of the following appointments does not require the consent of the Commission on Appointments?
a. Heads of the executive departments
b. Officers of armed forces from the rank of colonel or naval captain
c. Ambassadors, other public ministers and consuls
d. Justices of the Supreme Court
13. Quasi Judicial Functions up to Exhaustion of Administrative Remedies and Primary Jurisdiction
1) What is the remedy of a person who has been excluded from the use and enjoyment of a right or office to which
he has a legal right to the office, where there is no appeal or plain, speedy and adequate remedy in the ordinary course,
commanding the board or person that unlawfully excluded him to reinstate him to such office or enjoyment of such
right.
a) Action for quo warranto
b) Petition for mandamus
c) Writ of preliminary injunction
d) Petition for review on Certiorari under Rule 45
3) The following are the reason for exhausting administrative remedies except:
a) To enable the administrative superior to correct the error committed by their subordinates
b) Court should not be saddled with the review of Administrative cases
c) Judicial review of administrative cases is usually effected through civil actions which are available only
if there is no plain, speedy and adequate remedy
d) To avail of administrative remedy entails a lesser expense and provides speedy disposition of the
controversies
4) Where the statute is silent, the ordinary civil action can not be availed of , however the following remedies can
be availed of except:
a) Petition for writ of certiorari
b) Petition for mandamus under Rule 65
c) Writ for preliminary injunction
d) Petition for prohibition
5) This doctrine provides no resort to courts will be allowed unless administrative action has been completed and
there is nothing left to be done in the administrative structure?
a) Doctrine of Ripeness for Review
b) Doctrine of Finality of Administrative Action
c) Doctrine of Exhaustion of Administrative Remedies
d) Doctrine of Primary Jurisdiction
14.:
a. Congress has the power to prescribe qualifications for appointive or elective positions and define who
are disqualified therefrom.
b. Qualifications for public office are mandatory.
c. Subsequent acquisition of the qualifications by the officer will validate the void appointment.
d. Qualifications for public office are continuing requirements, therefore, must be possessed throughout
the officer’s entire term.
2. Its traditional meaning refers to expenses incurred by the public official in the performance of his duties.
a. salary
b. per diem
c. honorarium
d. bonus
3. For the injury and the resulting disability or death to be compensable, the injury must be the result of an
employment accident satisfying all of the following conditions, except:
a. The employee must have sustained the injury during his working hour.
b. The employee must have been injured at the place where his work requires him to be.
c. The employee must have been performing his official functions.
d. When injury, sickness, disability or death was occasioned by employee’s intoxication or negligence.
a. Where an officer files an application for optional retirement, he cannot unilaterally withdraw it.
b. To avail of the old-age pension benefit, a member of the GSIS must reach the age of 65 years with at
least 20 years of service.
c. If the application for optional retirement is denied, the official is not entitled to reinstatement with back
wages.
d. Upon completion of thirty years of total service and attainment of fifty five years, a member of the GSIS
may be allowed to retire.
a. The crime against which a member of Congress has been charged is one which carries a penalty of not
more than six years imprisonment.
b. If the Congress is in recess, he can still be arrested for a crime involving a penalty of less than six years.
c. Immunity from civil and criminal action for speech or debate is given.
d. A member of Congress cannot deliver a speech in the discharge of his legislative function, slandering
and destroying others with impunity or baselessly defaming a private citizen.
15. MCQ FOR JUDICIAL REVIEW
2. In reviewing administrative decisions, the findings of fact made therein is conclusive. And that is absolute.
a. Absolutely true
b. Absolutely false
c. Partially true
d. Partially false
4. Another mode of seeking judicial review of orders, rulings and decisions of quasi-judicial agencies is by
certiorari, prohibition and mandamus under
a. Rule 65
b. Rule 43
c. Rule 45
d. Rule 60
1. The following are the prohibitions imposed under the 1987 Constitution against holding of 2 or more positions,
except:
a. A member of the Congress shall not appear as counsel before any court, electoral tribunal or juasi-judicial and
other administrative body.
b. A members of the constitutional commission shall not be financially interested, in any contract with, or in any
franchise or privilege granted by the Government
c. Members of the cabinet cannot directly practice any profession even if the law or constitution allows
d. All of the above
2. What is the rule against the appointment of members of the official family of the President?
a. The spouses and relatives by consanguinity or affinity within the 4th civil degree of the President shall not be
appointed as members of the Constitutional Commissions, Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries during his tenure.
b. The spouses and relatives by consanguinity or affinity within the 5th civil degree of the President shall not be
appointed as members of the Constitutional Commissions, Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries during his tenure.
c. The spouses and relatives by consanguinity or affinity within the 3th civil degree of the President shall not be
appointed as members of the Constitutional Commissions, Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries during his tenure.
d. The spouses and relatives by consanguinity or affinity within the 6th civil degree of the President shall not be
appointed as members of the Constitutional Commissions, Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries during his tenure.
3. The following are the kind of gifts or grants may public officers accept from foreign governments, except:
a. Gifts of nominal value received a s souvenir or mark of courtesy;
b. Scholarship or fellowship grant or medical treatment;
c. Travel grants or expenses for travel outside the Philippines
d. None of the above
4. Is a lawyer member who is also a member of the Legislature absolutely prohibited from engaging the private
practice of law?
A. No. He is only prohibited from “appearing” as counsel before any court of justice or before the Electoral Tribunals,
or quasi-judicial and other administrative bodies.
b. Yes. A lawyer member is strictly prohibited from engaging in the private practice of law.
c. No. He may practice as long as he likes
d. Yes provided it is with written consent by the head of the office
1. It is a principle which holds that a person who, by the proper authority, is admitted and sworn into office is
deemed to be rightfully in such office until by judicial declaration in a proper proceeding he is ousted therefrom or his
admission thereto is declared void.
a. Security of Tenure
b. De facto Doctrine
c. Assumption of Public Office
d. Public Office is a Public Trust
3. An elective official occupied a position on the strength of an order granting execution pending appeal in an
election case. What kind of officer is he?
a. De facto
b. De jure
c. Usurper
d. Intruder
4. In what proceeding can the title of a de facto officer be properly assailed?
a. Mandamus
b. Injunction
c. Prohibition
d. Quo Warranto
5. Which of the following does not pertain to the validity of the acts of a de facto officer?
a. Acts of de facto officers are valid insofar as third parties are concerned.
b. An officer seeking to justify his act or defending his right as a public officer must allege and prove that he is a de
jure officer, for the acts of de facto officer as far as he himself is concerned are void.
c. Acts of de facto officer are valid as to the public until his title to office is adjudged insufficient.
d. The validity of the acts of de facto officer can be collaterally questioned in any proceedings even if he is not a
party thereto or which were not instituted to determine the very question.
MCQ’S QUESTIONS
1. The security of tenure is being characterized through :
a. Nature of one’s duties and functions or nature of the appointment
b. Nature of one’s duties and functions and nature of the appointment
c. Nature of one’s duties and functions
d. Nature of the appointment
2. This provision provides a ground for dismissal or removal of a public official who is found liable for the
accumulation of unexplained wealth.
a. Section 8 of RA 3019
b. Section 13 of RA 3019
c. Section 6 of RA 3019
d. Section 5 of RA 3019
3. The following are elements of malversation of public funds under Art. 217 of RPC except:
a. The offender is a public officer
b. He has the custody or control of funds or property
c. The funds or property involved are public funds or property for which he is accountable
d. He has appropriated, taken or misappropriated, or has consented to, or through abandonment or negligence
permitted, the taking by another person of, such funds or property.
4. How many votes needed to affirm a favorable resolution with the Articles of Impeachment?
a. Atleast two-third votes of all the members of the House
b. Atleast two-third votes of all the members of the House and one-third vote of all the members of the Senate
c. Atleast one-third vote of all the members of the House
d. Atleast one-third vote of all the members of the House and two-third votes of all the members of the Senate
5. What is the penalty of a judge who knowingly renders an unjust interlocutory order or decree?
a. Arresto mayor in its minimum period and temporary special disqualification
b. Arresto mayor in its medium period and suspension
c. Arresto mayor in its medium period and temporary special disqualification
d. Arresto mayor in its minimum period and suspension
Multiple choice Questions
MCQ:
1. It is a proceeding which seeks the imposition of disciplinary sanction against, or the dismissal or suspension of, a
public officer or employee on any of the grounds prescribed by law after due hearing.
a. preventive suspension
b. disciplinary action
c. dismissal
d. censure
2. The following are prohibitions under RA 6713 or Code of Conduct and Ethical Standards for Public Officials and
Employees except:
a. Owning, controlling, managing or accepting employment as officer, employee, consultant, counsel, broker,
agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office.
b. Engaging in the private practice of their profession
c. Recommending any person to any position in any private enterprise which has a regular or pending official
transaction with their office.
d. Directly having any financial or material interest in any transaction requiring the approval of their office
Correct ans:(directly or indirectly having material or financial interest)
Recall
1. Supreme Court may review the findings of fact of the Court of Appeals and other lower courts on the following
ground:
a. When the conclusion is a finding grounded entirely on speculation, surmises and conjectures
b. Where there is a grave abuse of discretion
c. When the findings of fact are conclusions without citation of specific evidence on which they are based
d. When the conclusion is contrary to the Supreme Court’s discretion
4. Where the Ombudsman has delayed for six years the resolution of a criminal complaint against a public officer
who, as a result, failed to get his retirement benefits upon reaching retirement age as he could not secure a clearance
from the Office of the Ombudsman, in violation of the aggrieved party’s right to due process and to a speedy disposition
of the case against him:
a. Mandamus lies to compel the Ombudsman to dismiss the case and to issue a clearance in his favor
b. Certiorari lies to compel the Ombudsman to dismiss the case and to issue a clearance in his favor
c. Prohibition lies to compel the Ombudsman to dismiss the case and to issue a clearance in his favor
d. Appeal lies to compel the Ombudsman to dismiss the case and to issue a clearance in his favor
Case Questions
5. In the case of Codilla v. Martinez, the designation of councilor Martinez as Acting Mayor was irregular because
the appointment was not made by the provincial governor with the consent of the provincial board, however, the court
held that although his designation is irregular, still he was acting under a color of authority. Acting Mayor Martinez, in
this case, was held to be an:
a. Intruder
b. Officer de jure
c. Officer de facto
d. Usurper
6. Petitioners, in the case of Codilla v. Martinez, were not civil service elgibiles, thus their appointment were held
to be:
a. Permanent
b. Temporary
c. Conditional
d. Ad interim
2. In the case of Pleclaro v. Sandiganbayan, the particular law that defines a public officer as an elective and
appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exemption
service receiving compensation, even nominal, from the government is:
a. Sec. 2(b) of the Anti-Graft & Corrupt Practices Act (R.A. No. 3019 as amended)
b. Sec. 2 of Administrative Code of 1987
c. Sec. 222 of the Revised Penal Code
d. Sec. 3 of Rep. Act. No. 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials
3. The following are the elements of a de facto office, except for one:
a. Valid and legitimate office
b. There must be an office
c. Actual possession of said office
d. Color of title to the office
1. It is considered as the most important characteristic in determining whether a position is a public office or not.
a. Permanency and continuity of a public office
b. Delegation of some of the sovereign functions of government
c. Independent performance of powers conferred by the legislative authority
d. Compensation during tenure of office
2. Article XI, section 1 of the 1987 Philippine Constitution provides: “Public office is a _________.
________________ must, at all times, be accountable to the people, serve them with utmost _____________, integrity,
loyalty, and efficiency; act with ______________, and lead ___________.”
a. public trust, public officers and employees, responsibility, patriotism and justice, modest lives
b. public trust, public officers or employees, responsibility, patriotism and nationalism, modest lives
c. private trust, public officers and employees, transparency, patriotism and justice, modest lives
d. private trust, public officers or employees, responsibility, patriotism and nationalism, modest lives
4. The Board of Canvassers discharges tasks during elections. It prepares a certificate of canvass duly signed and
affixed with the imprint of the thumb of the right hand of each members, supported by a statement of votes received by
each candidate in each polling place and on the basis thereof, shall proclaim as elected the candidates who obtained the
highest number of votes cast in the province, city, municipality or barangay. Can it be considered public office?
a. No, because its duties are only for a limited period of time and so fails to comply with the permanency and
continuity element of a public office.
b. No, because it discharges tasks not for the benefit of the public but for the benefit of the political candidates.
c. Yes, because the element of continuance cannot be considered as indispensable for there are public offices
which functions are necessary only during certain occasions like elections.
d. Yes, because the officers therein receive compensation which is the most important characteristic in
determining whether a position is a public office or not.
5. Which of the following refers to the two concepts of public office?
a. personal to the public officer holding the position; and property that is transmissible to officer’s heirs
b. functional, for being within the framework of government organization; and position, for being held or
occupied by individual persons whose functions are defined by law or regulation
c. public trust, for being a fiduciary relationship between a public officer and the general public; and vested right,
for the officers have absolute right to hold it
d. public, for public officers are agents of the people; and private, for public officers’ constitutional rights as private
citizens are superior to their office’s mandate
I. MCQ
2. The power to prescribe the qualifications for a public office is imbued to:
a. President
b. Constitutional Commission
c. Congress
d. Qualifications board and Committee
Suggested answer: b
5. The following are public officers, with the exception of one because it is considered as a public employee:
a. Auditor in the Commission in Audit
b. Accounting officer in the Philippine Post office
c. Revenue officer in the Bureau of Internal Revenue.
d. Private person constituted by the court as custodian of property attached to secure a debt in a civil proceeding.
II. Case digest
Lapinid vs. Civil Service Commission 197 scra 106
Petitioner Renato M. Lapinid was appointed by the Philippine Ports Authority as a Terminal Supervisor at the
Manila International Container Terminal on October 1. 1988. This appointment was protested on December 15, 1988,
by private respondent Juanito Junsay. He contended that he should be designated Terminal Supervisor in view of his
preferential right thereto. Junsay went to the Civil Service Commission that directed the Appellants Juanito Junsay and
Benjamin Villegas be appointed as Terminal Supervisor considering that the protestant have an edge over that of Lapinid
and Dulfo.
Lapinig filed a petition for review on the resolution made by the Civil Service Commission.
Issue: Is the Civil Service Commission authorized to disapprove a permanent appointment on the ground that another
person is better qualified than the appointee and on the basis of this finding order his replacement?
Held: The Civil Service Commission cannot disallow an appointment because it believes another person is better
qualified and much less can it direct the appointment of it’s choice. Appointment is an essentially discretionary power
and must be performed by the appointing authority. The Civil service Commission only affirms that the appointee has
satisfied the qualifications required by law.
Suggested answer: c
2. Is the appointment to Lapinid as a Technical Supervisor, who barely passed the evaluation valid considering that
there are other candidates who has an edge or who is better qualified than him?
a. No, because the best candidate should be selected as Terminal Supervisor. One should posses the expertise and
experience to perform it’s complex duties and responsibilities.
b. No, because a valid appointment requires approval from the Civil Service Commission
c. Yes provided the qualifications required by law is satisfied.
d. Yes provided that he has the knowledge, experience and expertise to perform the duties of a Terminal
Supervisor.
Suggested answer: c
a. The mere silence of the law does not necessarily imply that judicial review is unavailable.
b. Where the law stands mute, the ordinary civil action may still be availed of.
c. Modes of judicial review vary according to the statutes and the nature of the agency action sought to be
reviewed.
d. Judicial review is part of the system of checks and balances which is a limitation on the separation powers of
the three branches of the government.
3. What is the usual remedy against a purely administrative act of an administrative agency or against a rule or
regulation issued in the exercise of its rule-making power as differentiated from the ruling or decision promulgated in
the exercise of its quasi-judicial or adjudicatory power?
4. What is NOT included in the distinctions between Petition for Review and Petition for Certiorari under Rule 65?
a. Petition for Review is an ordinary appeal while Petition for Certiorari under Rule 65 is a special civil action.
b. Petition for Review is filed within 15 days from receipt of said decision or resolution denying a motion for
reconsideration while Petition for Certiorari under Rule 65 is filed within 60 days from receipt of the questioned
judgment.
c. Questions of fact, of law, or mixed questions of fact and law may be raised in Petition for Certiorari under
Rule 65 while only questions of law may be raised in Petition for Review.
d. Non-forum shopping certification is required in both modes.