San Beda University

College of Law
FINAL EXAM IN ADMINISTRATIVE LAW
2nd Sem., AY2019-2020
22 June 2020 / 6:30PM - 8:45PM
c/o Atty. Randolph A. Pascasio

General Direction: Use yellow pad. Write legibly, and explain your answers based on law
and jurisprudence. Submit your paper through the beadle via email within the period
allowed by the Dean’s Office. Good luck, and stay safe. - RAP

I. Objective Type: (40%)

1. Enumerate the seven (7) cardinal primary rights of administrative due process.
(5%)
2. Enumerate the exceptions to the Doctrine of Exhaustion of Administrative
Remedies. (5%)
3. Differentiate “De Jure Officer” from “De Facto Officer” and “Usurper.” (5%)
4. Distinguish/differentiate:
4.1 “Doctrine of Prior Resort (or Primary Jurisdiction)” from “Doctrine of
Exhaustion of Administrative Remedies.” (5%)
4.2 The rulings of the Supreme Court in these three (3) cases: Lokin v. Comelec
(2012); Ongsiako-Reyes v. Commission on Elections (2013); Lico v.
Commission on Elections (2015). (10%)
5. Define: (10%)
5.1 Pre-proclamation controversy
5.2 Election protest
5.3 Petition for quo warranto

II. Essay: (60%)

1. Alonzo was elected governor of Corona Province in 2013, 2016 and 2019. During
his last term, Governor Alonzo strongly opposed the decision of the National
Government to put in his locality a quarantine facility for returning Overseas Filipino
Workers. He claimed that as head of their province, he cannot let the National
Government expose his constituents to the deadly effects of Covid-19.
Consequently, he was administratively charged before the Office of the
Ombudsman (OMB) for violation of the “Bayanihan to Heal As One” Act,
specifically under that provision penalizing local government officials for
disobeying national government policies or directives in imposing quarantines.

1.1 Can Governor Alonzo successfully invoke the constitutional principle of local
autonomy in resisting such action by the National Government? (5%)
 1.2 During the pendency of the administrative investigation, the OMB placed
Governor Alonzo under 30 day-preventive suspension. Can he run again for
governor in 2022 on the claim that such preventive suspension effectively
interrupted his last term? (5%)

1.3 After investigation, the OMB declared Governor Alonzo administratively liable
and resultantly dismissed him from the service. Such dismissal was executed
by the Department of the Interior and Local Government. On appeal, the
penalty of dismissal was reduced to suspension. Given these, can Governor
Alonzo seek reelection in 2022? (5%)

2. The President of the Philippines appointed Dr. Sophia as member of the Task
Force on Emerging Infectious Diseases representing all private medical
practitioners for a term of three years. The said task force was created to instill
inter-sectoral collaboration to ensure efficient government response in the
assessment, monitoring, containment, containment, control, and prevention of the
spread of any potential epidemic in the Philippines.

2.1 When the task force members were charged with administrative cases before
the Office of the Ombudsman (OMB) and criminal cases before the
Sandiganbayan for the alleged graft and corruption as defined under RA No.
3019 in connection with the controversial P1 Billion-procurement of vaccines
for Covid-19, Dr. Sophia invoked being not a public officer in order to escape
the criminal jurisdiction of the Sandiganbayan. Is Dr. Sophia a public officer?
(5%)

2.2 Assuming the OMB and Sandiganbayan asserted jurisdiction over her, is Dr.
Sophia allowed to resign during the pendency of the cases against her? (5%)

2.3 Assuming the administrative cases were dismissed by the OMB due to the
absence of substantial evidence to hold Dr. Sophia liable, does this mean that
the Sandiganbayan should automatically dismiss the criminal cases which
require proof of her guilt beyond reasonable doubt? (5%)

2.4 Assuming she was ultimately exonerated from both criminal and
administrative cases, but due to the inconvenience of clearing her name from
those unfounded accusations, may Dr. Sophia just leave her office as task
force member upon the expiration of her term without need of waiting for her
successor? (5%)

3. Under the law, Comelec is authorized to issue rules and regulations to enforce gun
ban during election period. Upon recommendation of its Legal Department, the
Comelec en banc issued Resolution No. 4545 which defines “firearms” for
purposes of curbing election-related violence as including also “airguns and airsoft
guns.” Airgun/airsoft gun enthusiasts challenged the validity of the Comelec
resolution before the Supreme Court on the following grounds: (a) That the

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 resolution unduly expanded the law which Comelec seeks to implement; and (b)
That the Comelec en banc issued the resolution without prior action by any of its
divisions.

The Comelec countered by asserting that aside from lack of merit, the challenge
failed to observe the doctrine of exhaustion of administrative remedies and should
therefore be dismissed.

Whose side should prevail? Discuss all the issues raised. (5%)

4. Mayor Timoteo was elected mayor in 2007. In 2009, he appointed his own sister
as member of the board of their local government unit’s water district.
Consequently, he faced an administrative charge for nepotism before the OMB.

In 2010, Timoteo was reelected mayor. In keeping with the Condonation Doctrine
then prevailing, the OMB, on its own and sans any motion on the part of Mayor
Timoteo, dismissed the administrative case against him.

4.1 Is the action of the OMB correct? (5%)

4.2 Assuming Timoteo was elected mayor for the first time in 2016, and the
alleged nepotism happened in 2017. Can he invoke condonation to cause the
dismissal of the administrative case upon his reelection in 2019? (5%)

4.3 Does the doctrine of condonation (prior to its abandonment) apply to a public
official (eg., vice mayor) elected to a different local position (eg. mayor)? (5%)

5. Discuss the significance of Administrative Law or any of its composite subjects

(i.e., Public Corporation; Election Law; Administrative Law; or Law on Public
Officers) in our fight against Covid-19. (5%)

“THAT IN ALL THINGS, GOD MAY BE GLORIFIED.”

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