MID-TERM EXAMS ON ADMINISTRATIVE CASE AND LAW ON

PUBLIC OFFICIALS

1. While Congress was in session, the President appointed eight (8) acting secretaries. A
group senators from the minority bloc questioned the validity of the appointments in
a petition before the Supreme Court on the ground that while congress is in session,
no appointment that requires confirmation by the commission on appointments can be
made without the latter’s consent and that an undersecretary should instead be
designated as acting secretary. Decide with reasons.

2. “A” was a career ambassador when he accepted an interim appointment as cabinet

member. The commission on appointments bypassed his ad interim appointment,
however, and he was not reappointed. Can he re-assume his position as career
ambassador?

3. The president exercises the power of control over all executive departments and
agencies, including government-owned or controlled corporations. Is it true or false?
Give reasons.

4. The League of Filipino Political Scientists (LFPS) organized an Int’l Conference on

the human rights situation in Myanmar at the Central State University (CLSU). An
exiled Myanmar professor Sung Kui, critical of the military gov’t of Myanmar was
invited as keynote speaker. The secretary of Foreign Affairs informed the president of
the Regional and National Security implications of having Prof. Kui address the
conference. The president thereupon instructed the immigration authorities to prevent
the entry of Prof. Kui into Philippine territory. The chancellor of CLSU argued the
instruction violates the constitution. Decide with reasons.

5. The president alone without the concurrence of the senate abrogated a treaty. Assume
that the other country-party to the treaty is agreeable to the abrogation provided it
complies with the Philippine Constitution. If a case involving the validity of the treaty
abrogation is brought to the Supreme Court, how should it be resolved?

6. Judge Bitay, an RTC judge who falsified his certificate of service was found liable by
the Supreme Court for serious misconduct and inefficiency and meted the penalty of
suspension from office for six (6) months. Subsequently, judge Bitay filed a Petition
for Executive Clemency with the Office of the President. The executive secretary,
acting on said petition issued a resolution granting judge Bitay executive clemency. Is
the grant of executive clemency valid? Explain fully.

7. In her interview before the Judicial Bar Council (JBC), commissioner Jane Gawad of
the National Labor Relations Commission claims that she should be given credit for
judicial service because as NLRC commissioner, she has the rank of a justice of the
Court of Appeals, and she adjudicate cases that are appealable to the CA, she is
assigned Car Plate No. 10, and she is by law entitled to the rank, benefits and
privileges of a Court of Appeals justice. If you are a member of the JBC, would you
give credit to this explanation? Explain fully.

8. Congress enacted a law providing for trial by jury for those charged with crimes or
offenses punishable by reclusion perpetua or life imprisonment. The law provides for
the qualifications of prospective members of the jury, the guidelines to be observed
by the judge and the lawyers for their selection, and the manner of trial by Jury shall
operate and the procedures to be followed. Is the law constitutional? Explain fully.

9. Judge Red is the executive judge of Green City. Judge Red is known to have corrupt
tendencies and has a reputation widely known among practicing lawyers for
accepting bribes. Ombudsman Gray wishing to clean up the government from errant
 public officials, initiated an investigation on the alleged irregularities in the
performance of duties of Judge Red.
a. Judge Red refused to recognize the authority of the office of the Ombudsman over
him because according to him, any administrative action against him or any court
officials or employee falls under the exclusive jurisdiction of the Supreme Court.
Decide with reasons.

b. Does the Ombudsman have authority to conduct investigation over crimes or offenses
committed by public officials that are Notconnected or related at all to the official’s
discharge of duties and functions? Explain fully.

c. Who are required by the constitution to submit a declaration under oath of his assets,
liabilities and net worth (SALN)?

10. The Mayor of Sin City appointed his wife, Sexy as city treasurer from among three
(3) employees of the city considered for the position. Prior to said promotion, Sexy
had been an assistant treasurer for ten (10) years.That is even before she married the
City Mayor. Sexy even received several awards for her outstanding performance as
public servant. Should the Civil Service Commission approve the promotional
appointment of Sexy. Why or why not?