ADMINISTRATIVE LAW:

COMPILED ESSAY Q & A’s

Exam Score: 91% determines if there is substantial evidence, if fraud,

imposition or collusion accompanied the rendition of
Question #1 the decision, or if the decision is consistent with the

a. The Doctrine of Primary Jurisdiction can be law. The reason for this is that the decisions of

distinguished from the doctrine of exhaustion of administrative bodies should be accorded with respect

administrative remedies in the following manner: and finality.

First, the doctrine of primary jurisdiction However, if the review of administrative

provides that the court cannot and will not take decision is conducted by a superior administrative body

cognizance of a particular controversy where the or authority, such superior authority, pursuant to its

resolution of which is lodged on the expertise and discretionary powers, can call for additional witness,

special knowledge of an administrative agency. On the accept additional evidence and may even have a trial de

other hand, the doctrine of exhaustion of administrative novo. As distinguished from a judicial review wherein

remedies provides that where the law provides for the court is only limited to the evidence submitted in

remedies against an action of the administrative the administrative body.

agency, such remedies have to be resorted to before Question #2

the court can take cognizance of the controversy;
As a general rule, the PCGG cannot exercise acts
Second, The former applies when the action is of ownership on the sequestered shares of stock or
also originally cognizable by the courts, the court having property since it is merely a conservator, not an owner.
concurrent jurisdiction with the administrative body. On
However, this rule admits of the following
the other hand, the latter applies to actions or
exceptions:
controversies that are cognizable by the administrative
body in the first instance; 1. When the shares of stock or property were
previously owned by the government but however went
Third, the effect of the former is the suspension
to private hands and such private persons or entities
of judicial proceedings, if already taken, and refers the
registered the same in their name;
matter to the appropriate administrative body. On the
other hand, the latter has the effect of withholding 2. When the capitalization used to purchase the

judicial interference until all administrative remedies property or shares of stock came from government or

are exhausted and the matter is ripe for judicial review. public funds, however such property or shares of stock
went to private persons or entities.
b. The judicial review of administrative
decisions is not a trial de novo since the court only

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An example here would be the case of
Cojuangco where the PCGG sold the shares of stock
sequestered from the former since such stocks were
acquired by Cojuangco from the coco-levy funds of the
government. Therefore, the PCGG validly exercised acts
of ownership over the shares of Cojuangco.
Question #3
The proclamation is invalid.
The rule making power of an administrative
agency is limited to objects, purpose, and standards of
the law sought to be implemented and it must relate
solely to carrying into effect such law. Hence, the rules
and regulations promulgated by administrative body
must always be within the scope and purview of the
law. The must not expand, change or modify the same.
In the case at bar, the NFA issued a
proclamation which obviously expanded the scope of
the law to be enforced. It exceeded the authority
granted to it by giving unto itself the power of
legislation where such power belongs to the legislative
department alone. The fixing of the price of rice and
imposing penalties for violations thereof were definitely
not delegated to the NHA by the delegating statute.
Question #4
a. Nelson's contention is not correct this so
since the Ombudsman has a shared and concurrent
jurisdiction with the City Government and other
investigative authorities for that matter, to try the
administrative case.
Imagination is everything. It is the preview of life's coming attractions. 
- Albert Einstein
ADMINISTRATIVE LAW:
COMPILED ESSAY Q & A’s
b. Yes, there is forum-shopping in the case at
bar.
Forum-shopping takes place when a person files
a case before a tribunal notwithstanding the fact that
he has filed a case with the same cause of action and
involving the same parties in another tribunal which has
a concurrent jurisdiction with the former to try the
controversy.
BJ's act of filing an administrative case with the
City Mayor's Office and a similar complaint before the
Ombudsman is a clear case of forum-shopping.
c. No, there is no denial of due process since the
right to appeal is not inherent. It is a statutory right. In
the absence of a provision in the law providing for such,
appeal could not be awarded.
In the case at bar, since the penalty is one
month suspension, such is deemed final and executory.
d. No, the CSC cannot validly impose upon
Nelson a penalty for a charge to which he was not
informed of. Otherwise, the CSC would violation
Nelson's right to due process.
This case is similar with the case of CSC vs.
Lucas where the Supreme Court ruled that there is a
violation of due process when a person is penalized for
a charge that he was not informed of. This is so since
he was not given the opportunity to know the charge
against him and to present evidence to defend himself.
Question #5
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 ADMINISTRATIVE LAW:
COMPILED ESSAY Q & A’s

Aljo's contention is not correct. The customs validly exercised the quasi-judicial power conferred
order need not be published in order to be valid since it upon it.
is internal in nature. Customs Order No. 8 merely
In addition, the earlier order requiring Maris
provides for the procedure to be undertaken when the
Transport Cooperative to pay the unpaid supervisory
decision of the Collector of Customs is adverse to the
fees was also made pursuant to its quasi-judicial power
government. Hence, applicable only within the Bureau
since it particularly applies to Maris. Therefore, notice
of customs.
and hearing should be had.
Rules and regulations, orders and other
Question #7
issuances by the administrative body pursuant to its
Firm Y should have availed of Rule 65 of the
quasi-legislative or even quasi-judicial powers, are
Rules of Court which is the petition for certiorari due to
required to be published if they have a general
grave abuse of discretion, and not appeal by certiorari.
application. Internal rules and interpretative ones need
This is so since the RTC judge should not have
not be published.
entertained the petition filed by Firm X before it,
Question #6 because it has no jurisdiction to review the factual
The LTFRB, in granting a nationwide provisional findings of PPPA since they are co-equal bodies. The suit
increase of rates, performed a quasi-legislative function. should have been filed by X before the Court of Appeals
This is so since the increase applies to all belonging to under Rule 43 of the Rules of Court.
the same class. In this case, it applies to all grantees of
Hence since the RTC judge committed grave
franchise by the government. Since the increase was
abuse of discretion since he entertained the suit when
made through an issuance pursuant to its quasi-
he has no jurisdiction to do so, Firm Y should have
legislative power, notice and hearing are not necessary.
availed of Rule 65 which is an original civil action
Therefore, in the case at bar, LTFRB validly exercised the
instead of an appeal by Certiorari it instituted in the
quasi-legislative power conferred upon it.
case at bar.
On the other hand, LTFRB performed a quasi-
Question #8
judicial function when it issued an order lowering the
There was no denial of due process when the
rates applied for by Maris Transport Cooperative since it
DFA Secretary ordered for the cancellation of his
applies to a particular entity only. Hence, notice and
passport. Cancellation of passport is one of the
hearing are important to afford such entity with due
exceptions to the notice and hearing rule, provided the
process. Since notice and hearing were afforded, Maris
DFA Secretary did not act capriciously.
Transport before the issuance of said order, LTFRB

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 ADMINISTRATIVE LAW:
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On the other hand, there was denial of due Therefore, the granting of the writ of
process when his real properties were placed under preliminary injunction by the court was a grave abuse of
distraint by the BIR without prior notice and hearing. discretion on its part.
This is tantamount to a deprivation of his property
without due process of law. It would have been
different if he was a delinquent tax payer and the
distraint was effected to prevent him from disposing his
properties. In this latter case, no notice and hearing is
necessary since it is a valid exercise of police power by
the state.

In addition, with regard to his claim for violation of

privacy, the court can validly order the Security Bank to
produce his bank records. This is one of the exceptions
of the Bank Secrecy Law when the bank accounts and
records are the subject matter of a litigation and a valid
court order was issued. Hence, there was no denial of
the right to privacy of bank accounts.

Question #9

The petition will prosper.

There was indeed grave abuse of discretion

committed by the court which granted the preliminary
injunction. This is so since the court should have
dismissed the suit filed by Banahaw on the ground of
lack of cause of action and pre-maturity. It is to be
noted that an appeal is pending with the DENR
Secretary. Pursuant to the doctrine of exhaustion of
administrative remedies, Banahaw should await for the
decision of the DENR Secretary before a resort to the
courts could be had.

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- Albert Einstein

2007 First Exam - 91%
Question #1
The contention that the Customs Memo Order
is void for the lack of publication is untenable.
Under Article 2 of the New Civil Code,
publication in the official Gazette or in a newspaper of
general circulation is required for statues, rules and
regulations to be effective. These becomes effective 15
days after the completion of publication, unless a
different date for effectivity is provided. However, this
publication is not required for the effectivity of all laws.
Publication is not required if it is merely internal in
nature.
In this case, the customs Memo Order need not
be published so as to be considered as valid and
effective. The said Customs Memo Order is merely
internal in nature as it only governs the office of the
Bureau of Customs. The provision in the Customs Memo
Order for the automatic review of the decisions of the
Collector of Customs if it is adverse to the government
is merely internal in nature as it only provides a process
of automatic review of the said decisions. Since it is
internal the public need not be notified and thus,
publication is not necessary.
Hence, Jose's contention is not tenable since
the Customs Memo Order is valid and effective without
complying with the requirement of publication.
Question #2
Imagination is everything. It is the preview of life's coming attractions. 
- Albert Einstein
ADMINISTRATIVE LAW:
COMPILED ESSAY Q & A’s
The following are at least 5 most common types
of quasi-judicial bodies:
a. Those quasi-judicial bodies which are granted
the power to adjudicate industrial controversies. Such
bodies include the NLRC and POEA;
b. Those quasi-judicial bodies which grant
privileges. These include the GSIS, SSS and (?)PAO(?).
They decide if the individuals who apply for privileges
are eligible;
c. Those quasi-judicial bodies which carry on
governmental functions. These include the CSC, COA
and Bureau of Customs. They adjudicate cases involving
issues within their jurisdiction as provided by law.
d. Those quasi-judicial bodies that regulate
private entities and individuals under police power. The
Dangerous Drug Board is an example. Such bodies
decide if the said private entities and individuals
violated provisions of law, as within the power
conferred by the law to these bodies.
e. Those quasi-judicial bodies that regulate
business entities that serves public interest. An example
would be the NTC such agencies can adjudicate
liabilities to such business entities if they contravene
the law applicable to them.
Question #3
The contention of __ferry that the findings of
the Board of Marine Inquiry are conclusive on the court
is not meritorious.
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 ADMINISTRATIVE LAW:
COMPILED ESSAY Q & A’s

It has been held that decisions of an contention that only the court can entertain the suit for
administrative body are not binding to the courts but declaratory relief is not meritorious.
carry persuasive weight. However, the doctrine of res
The NTC is the administrative body empowered
judicata should be taken into account. This doctrine
to act on issues on telecommunication as well as to
provides that where there is identity of parties, identity
issue or cancel certificates to operate. In applying the
of the rights and reliefs prayed for and that there has
doctrine of primary jurisdiction, it is the NTC, not the
already been a decision rendered on such the said
court, which has primary jurisdiction on cases as to the
decision should be respected. Nevertheless, the
operation of a cable system, including the awarding of
doctrine of res judicata is not applicable as to between
damages incidental thereto.
an administrative agency and a court if they are not of
In addition, the rules of court are not strictly
equal rank and do not have concurrent jurisdiction on
applied in administrative proceedings. It is the
the same matter.
averments and not the designation of a complaint
In this case, the doctrine of res judicata is not
which are controlling.
applicable because the issues involved and the reliefs
In this case, although it is correct that only the
prayed for are not the same. Even though this board of
court can entertain the suit for declaratory relief, the
marine inquiry found that the sinking of the vessel may
designation used by World net in filing a petitions with
be attributed to force majeure on account of typhoon,
the NTC is not controlling. The claim of Silicon
the court still has the power to award damages to
Cable is thus, not valid. What is controlling in such
property through reckless imprudence. The Board of
petition are the averments and allegations. The relief
Marine inquiry's jurisdiction is different than that of the
actually prayed for by World Net is for NTC to rule on
court. The Board of Marine Inquiry involves
the validity of its operation as well as liability to Silicon
administrative liability while the court proceeding
Cable, if such is present.
involves criminal as well as civil liability.
In addition, the filing of the civil action before
Thus the findings of the Board of Marine Inquiry
the court for damages by Silicon Cable Against World
are not conclusive on the court though it carries
Net is in violation of the doctrine of primary jurisdiction.
persuasive weight.
The case is still pending with the NTC.
Question #4
Hence, the contention of Silicon Cable is not
The petition for declaratory relief filed with the
meritorious.
NTC is within NTCs jurisdiction. Silicon Cable's
Question #5

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- Albert Einstein
 ADMINISTRATIVE LAW:
COMPILED ESSAY Q & A’s

The contention that the executive assistant

cannot conduct investigation as tasked by Director A, is
not tenable.

The law provides that the Director of Patents

must personally hear and decide patent cases.
However, this does not literally mean that he is the only
one who can conduct the investigation and prepare a
resolution thereon. As such, he can delegate it to one of
his subordinates. In this case, his executive assistant.

However, it should be noted that what the law

provides is that the Director should nevertheless,
examine all the evidences gathered by his subordinate.
he can then determine whether such evidences support
the decision in the resolution prepared by his executive
assistant.

However, if the Director of Patents finds that

the resolution prepared by the executive assistant is not
in accord with the evidences gathered or if there is lack
of evidence, the Director can reject such resolution,
issue a new one or even order a new investigation for
gathering of additional evidence.

As such, the Director of Patents can delegate to

his subordinate the investigation of patent cases but
must personally examine the evidence and
recommendation submitted.

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- Albert Einstein

Exam Score 91%
Question #1
Yes. Ian and Sara can file an action for
mandamus in court.
The doctrine of Exhaustion of Administrative
Remedies may be dispensed with and resort to court
may be allowed when the controverted act is patently
illegal or devoid of authority.
In the case at bar, The act of the Mayor of the
LGU in removing Ian and Sara is violative of their
security of tenure. Thus, said act is patently illegal or
devoid of any authority. Thus, resort to court may be
allowed and exhaustion of administrative remedy may
be dispensed with.
Therefore, Ian and Sara can file an action for
mandamus in court.
Question #2 -6 pts only
Cristy's contention is incorrect.
Cristy's contention is incorrect because the Revised
Administrative Code allows the review of decisions
exonerating employees from administrative charges.
It is the duty of the CSC to preserve the integrity
of the Civil Service Commission by ascertaining whether
a public officer or employee has committed a wrong
and hence, should be punished.
Thus, a review of decisions exonerating
employees from administrative charges is allowed.
Question #3
Imagination is everything. It is the preview of life's coming attractions. 
- Albert Einstein
ADMINISTRATIVE LAW:
COMPILED ESSAY Q & A’s
The distinctions of the different modes of
judicial review of decision of an administrative tribunal
are the following:
a. Under Rule 43, it is an ordinary appeal.
Whereas, under Rule 65, it is a special civil action for
certiorari.
b. Under Rule 43, only questions of law may be
raised. Whereas, under Rule 65, the only question that
may be raised is whether or not the administrative
tribunal or quasi-judicial body committed grave abuse
of discretion amounting to lack or excess of jurisdiction.
c. Under Rule 43, it may be filed within 15 days.
Whereas under Rule 65, it may be filed within 30 days.
Question #4
a. No the contentions of Tom are incorrect.
As to the first contention of Tom that the power
to try the case belongs to the Office of the President is
incorrect because the office of the President may
delegate its power to investigate to the DILG. The DILG
may conduct an investigation on erring local elective
officials. However, the office of the President may alter,
amend, set aside or modify the decisions made by the
DILG.
With regard to Tom's contention that Mario has
resorted to forum shopping is likewise untenable. The
case filed before the DILG is administrative in nature
and the case filed before the Ombudsman is a criminal
case. Hence, the two cases are different and the
quantum of evidence required is likewise different. The
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judgement that may be rendered in one case is not The Solicitor General is the counsel for the
conclusive to the other case. Government. However, the Solicitor General cannot
represent the Government when the public officer or
b. There is no denial of due process even if the
employee is sued criminally or sued for damages arising
Ombudsman makes the decision final and executory
from a felony.
despite the filing of an appeal by Tom before the proper
appellate court. In the case at bar, the Solicitor General may
represent the SPDA since he is not being sued criminally
An Appeal is merely a privilege and not as a
or sued for damages arising from a felony. However, the
matter of right. Hence, there is no denial of due process
Solicitor General cannot represent its Administrator
when the Ombudsman makes the decision final and
since Maharlika filed a case for graft against the
executory as long as the parties are given the
Administrator which is criminal in nature.
opportunity to defend himself in court and present his
evidence. Also, that the judgment rendered was based
on the merits of the case and on the evidence
presented during the trial.

Therefore, there is no denial of due process.

Question #5

Zev is correct in filing the case in court.

The Doctrine of Exhaustion of Administrative

remedies admits of some exceptions such as when the
issues involved are purely questions of law.

In the case at bar, the question on when should

the payment of her pension benefits commence is one
which is a question of law. Thus, the exhaustion of
Administrative Remedies may be dispensed with and
resort to court in this case is allowed.

Question #6

The Solicitor General may represent the SPDA

but not its Administrator.

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- Albert Einstein

Exam
Question #1
Exceptions to Administrative Exhaustion:
1. Purely Question of Law
2. When the issue is what law or statute to apply.
3. Where the respondent is a Department Secretary
who acts as an alter ego of the president bear the
implied or assumed approval of the latter.
4. The doctrine of qualified political agency.
5. Where the controverted act is patently illegal or was
performed without jurisdiction or excess of it.
6. When there is estoppel on the part of the party
invoking it.
7. If further pendency of the case for the administrative
agency will only delay the proceedings and thus you are
deprived of your right to file an action before the court.
8. Where the application of this doctrine of exhaustion
of administrative remedies will only cause grave and
irreparable damage or injury to any of the parties.
9. The doctrine of exhaustion of administrative
remedies applies only in public lands.
10. If the exhaustion of administrative remedies will
only result in the denial of due process.
11 Where there are circumstances indicating the
urgency of judicial intervention.
12. Where the insistence on its observance would result
in nullification of the claim asserted.
Imagination is everything. It is the preview of life's coming attractions. 
- Albert Einstein
ADMINISTRATIVE LAW:
COMPILED ESSAY Q & A’s
13. Where there is nothing left to be done except to
seek court action.
14. When there is unreasonable delay of official action
that will irreparably prejudice the complaint or when
there is failure of a high government official from whom
relief is sought to act on the matter.
15. Where the amount is too small so as to make the
rule impractical.
16. Where there is no plain, adequate and speedy
remedy except court action.
17. When the issue of non-exhaustion has been
rendered moot and academic.
Question #2
The petition for certiorari and mandamus with
prayer for preliminary mandatory injunction will
prosper.
In administrative law, judicial interference
under the doctrine of exhaustion of administrative
remedies can be availed only when a party has resorted
to all administrative remedies provided by law.
Otherwise, dismissal of the action is warranted for lack
of cause of action. However, the rule admits of
exceptions. One of which is when the tribunal renders a
decision arbitrarily for want or excess of jurisdiction.
In the instant case, the DAR issued a circular
allowing the opening of a trust account in behalf of the
landowner as a compensation for his property, which is
not provided for or in conformity with Section 16 of RA
6657. This is in contravention with the mandate that
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COMPILED ESSAY Q & A’s

issuances of administrative bodies must be germane to judicial powers. The pending case in the CSC bars Joey
the objects of law, must conform to that prescribed by from filing the case in the city Government of Davao.
law and must carry into effect the general provisions of
c. No, there is no denial of due process. Case
law. DAR acted arbitrarily. The action for mandamus will
law provides that the right to appeal is a statutory right
prosper as DAR is mandated to comply with the manner
and since this is granted by law it may also be taken by
of enforcing the law without the exercise of discretion.
law. Further, due process in administrative proceedings
Question #3 does not mention of the right to appeal as long as the
party is given the opportunity to be heard and present
a. No, the contention of Nilo is without merit.
evidence on his side before a competent tribunal, due
The law provides that the Civil Service
process is satisfied. In other words, there is no denial of
Commission has jurisdiction over administrative cases
procedural and substantive due process even if a party
of agencies or instrumentalities of the government,
is not allowed to appeal, so long as the party is given
such as personnel action. On the other hand, the
the opportunity to be heard of the charges against him.
Revised Administrative Code also empowers the City
d. No, the CSC cannot impose an appeal other
Government to hear an administrative case involving its
than what was charged against Nilo.
employees. As such, the CSC and the City Government
shares concurrent jurisdiction in taking cognizance of In administrative due process, notice and
Nilo’s Administrative case, subject to the rule on Forum- hearing on the charge is afforded to the party to
Shopping. present his evidence. The cardinal rights to due process
that the decision of the tribunal must contain a
b. Yes, there is forum-shopping in this case.
statement of facts and law and the tribunal must render
Forum shopping under the law is an act of one
its decision in such a way that the parties thereto may
party in invoking the jurisdiction of two tribunals, in the
know the issues of the case and the reasons for the
hope of obtaining a favorable judgment. This occurs
decision.
when there is a pending case and the party files a same
Hence, the CSC cannot make a decision
case invoking same cause of action or when the case
penalizing Nilo other than what was charged for it is
under consideration is already barred by final judgment
violation to due process requirement in administrative
rendered in another tribunal. It is vital to note that
tribunal.
forum-shopping applies to agencies exercising judicial
or quasi-judicial powers. Question #4

In this case, there is forum shopping as both the The contention of Cora is untenable. Case law
CSC and the City Government of Davao exercises quasi- provides that administrative due process is accorded to

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 ADMINISTRATIVE LAW:
COMPILED ESSAY Q & A’s

a party even if the tribunal acts as the prosecutor and rights are substantially affected, hence the need for
judge at the same time. Such situation does not make notice and hearing.
the tribunal incompetent so long as the party is given
The BIR in this case under the guise of
the opportunity to be heard even through position
exercising its quasi-legislative power dispensed notice
papers and not necessarily through a hearing which can
and hearing.
be dispensed with.
However, the case really calls for notice and
Furthermore, there is no merit to Cora’s
hearing, since the BIR have exercised quasi-judicial
contention that her alleged extra-judicial confession is
powers since TTC was the only enterprise substantially
inadmissible since it was without the aid of counsel
affected with the issuance of the new rules.
under the constitution. This is an administrative
Hence, absent notice and hearing, TTC cannot
investigation which is different from custodial
be made to comply with the said issuance of the BIR. It
investigation in criminal cases under the Constitution. In
would be a violation to due process if TTC is made to
administrative due process, Right to counsel is an
comply with the rules without affording notice or
option given to the party. Hence it may be waived
hearing to air TTC’s side.
similar in custodial investigation of criminal cases.
However, the difference is in administrative cases, there
is no duty on the part of the tribunal to provide the
party with a counsel as in this case.

Question #5

The argument of the commissioner has no legal

basis.

In administrative law a tribunal exercises quasi-

legislative or rule-making power or the power to
promulgate rules to implement the law and quasi-
judicial or adjudicatory powers or the power to settle
controversies which are within their competence to
resolve as conferred by law. In quasi-legislative, there is
no need of notice and hearing because it is applicable to
all persons or enterprises similarly situated, unlike in
quasi-judicial where a particular enterprise or person’s

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 ADMINISTRATIVE LAW:
COMPILED ESSAY Q & A’s

January 7, 2006 with the aims of rationalizing the overall balance

between supply and demand. Petitioner complied with
#1 the advice. Subsequently, it filed a case in the RTC for

1. Rizal and his two sisters claiming to be Filipinos rescission of the assignment. Decide.

arrived by ship from Indonesia to join their Filipino #4

father. On 25 July 1997, the Board of Special Inquiry
In response to the Invitation to Bid issued by the PPA,
(BSI) rendered a decision admitting them as Filipinos by
Firms A and B, among others, submitted bids or offers
birth. The Commissioner of Immigration affirmed the
at said public bidding for the construction of the PPA
decision of the BSI and Rizal was allowed to exercise his
expansion wharf. The Awards Committee of the PPA
rights as a Filipino Citizen. A year after, due to the
decided to accept the bid of Firm B. Firm A filed with
change of administration a new Immigration
the RTC a petition for injunction and prohibition against
Commissioner assumed office and re-opened the case.
Firm B alleging that Firm B, with its limited experience
Rizal claims that the re-opening of the case is not legally
and lack of financial resources, is not qualified. The RTC
permissible. Decide.
judge granted the injunction. Firm B went up to the
#2 Supreme Court on appeal by certiorari. Decide.

On the basis of her authority under the Labor Code, the #5

Labor Secretary cancelled the license of the Global
The trial court awarded damages to Garci for injury to
Manpower Corp. (GMC) to recruit workers for work
persons and loss of property, plus legal interest. Garci
overseas for charging fees before it is able to obtain
argued that the legal interest should be 12% since by
employment for applicants and for charging excessive
virtue of Circular No. 416, the Central Bank increased
fees than allowed. GMC questioned the cancellation on
the legal rate of interest for judgments from 6% to
the ground that the Schedule of Penalties had not been
12%.Said Circular was issued pursuant to the authority
filed with the UP Law Center as required by Executive
granted by the Monetary Board by PD 116 which is an
Order 292 providing that rules and regulations imposing
amendment to the Usury Law. Decide.
a penalty as authorized by the law itself must be filed
and registered with the UP Law Center. Decide. #6

The LTFRB issued a memorandum circular prohibiting

#3
the operation as taxis of cars which were more than six
Petitioner was granted a coal operating contract by the
years old. The taxi operators claimed that the
Board of Energy (BOE). Later on, the BOE advised
prohibition was oppressive, confiscatory and violated
petitioner to assign the contract to respondent in line
due process. Decide.

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13 of 21
- Albert Einstein
 ADMINISTRATIVE LAW:
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January 12, 2007 The National Telecommunications Commission (NTC)

authorized World Net to operate a cable system in
#7 Southern Mindanao. Oppositor Silicon Cable moved for

The Philippine Coast Guard seized a shipment of reconsideration of the NTC Order. During the pendency

chemicals and used clothes belonging to Jose on the of this case, Silicon Cable filed a civil action before the

ground that these were smuggled. In the seizure court for damages with a prayer for mandatory

proceeding, the Collector of Customs ordered their injunction against World Net. In the meantime, World

release. He then transmitted the records to the Net filed with the NTC a petition for declaratory relief

Commissioner of Customs pursuant to a Customs memo requesting a declaration of the extent of its rights.

Order which provided for the automatic review of the Silicon Cable claims that only the court can entertain

decisions of the Collector of Customs if it is adverse to the suit for declaratory relief. Rule on the respective

the government. The Customs Commissioner returned claims of the parties.

the case to the Customs Collector for reconsideration. #11

The Customs Collector ordered the forfeiture of the
Director A tasked his executive assistant, a non-lawyer,
chemicals and used clothes. Jose claimed the earlier
the conduct of investigation of patent cases and the
decision became final, since the Customs Memo Order
preparation of the resolution thereon. This assignment
is void for lack of publication. Decide.
was challenged on the ground that the law provides
#8 that the Director of Patents must personally hear and

Give at least five most common types of quasi-judicial decide patent cases.

bodies. #12

Question #9 In a petition for mandamus before the court, the

Paz Ferry was charged in court with damage to property COMELEC seeks to compel the DBM to release the

thru reckless imprudence. Paz Ferry argues that the balance of its budget for the fiscal year, citing as basis

sinking of the vessel M/V Jay was the subject of an the constitutional mandate for automatic and regular

investigation made by the Board of Marine Inquiry release of its approved appropriations. The DBM argues

whereby in a decision, it was found that the sinking of that the non-release thereof is excusable because of the

the vessel may be attributed to force majeure on government’s low revenue collections and the non-

account of typhoon. Paz Ferry argues that these findings submission of financial reports by the COMELEC.

are conclusive on the court. Decide. Decide.

#10 September 2006

Imagination is everything. It is the preview of life's coming attractions. 

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- Albert Einstein
 ADMINISTRATIVE LAW:
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#13 President. Tony filed a motion to dismiss before the

Ombudsman on the ground that under Section 63 of the
Congress enacted a statute penalizing the monopoly
Local Government Code, the authority to try the
and hoarding of and speculation in rice and corn, and
administrative case belongs to the President who has
under extraordinary circumstances regulating the
the power of supervision over local elective officials.
distribution and sale thereof, and authorizing the
Administrator of the National Food Authority to issue a. Is the contention of Tony correct? Why?
the necessary rules and regulations therefore, including
b. Suppose the complaint was solely filed with the OP
the adoption of emergency measures. Pursuant thereto,
and after due notice and hearing, Tony was meted the
the NFA Administrator issued a proclamation fixing the
penalty of two months suspension, Is there denial of
price of rice and penalizing violation thereof.
due process if the OP makes the decision executory
Respondent Ching who was prosecuted for selling rice
despite the filing of an appeal by Tony? Explain.
at a price higher than that fixed in the proclamation,
#16
assailed the validity of the proclamation. Decide.
On the basis of her authority under the Labor Code, the
#14
Labor Secretary cancelled the license of the Western
Reosyl Bus Transit (RBT) applied for upward adjustment
Placement Inc. (WPI) to recruit workers for work
of its rates. Pending the petition, the LTFRB without
overseas for charging fees before it is able to obtain
previous hearing, granted a general provisional increase
employment for applicants and for charging excessive
of rates. In another order LTFRB required the RBT to pay
fees than allowed. WPI questioned the cancellation on
the unpaid supervisory fees collectible under its
the ground that the Schedule of Penalties had not been
regulations. After due notice and hearing on the basis
filed with the UP Law Center as required by EO 292
of the evidence presented by the RBT and the
providing that rules and regulations, imposing a penalty
oppositors, LTFRB issued an order lowering the rates
as authorized by the law itself must be filed and
applied for by 1/5. Characterize the powers exercised by
registered with the UP Law Center. Decide.
the LTFRB in this case and determine whether it can be
#17
validly conferred the powers exercised by it in issuing
the orders given above. Explain. Petitioner was granted a coal operating contract by the
Board of Energy (BOE). Later on, the BOE advised
#15
petitioner to assign the contract to respondent in line
An administrative case for oppression was lodged
with the aims of rationalizing the over-all balance
against Tony, City Mayor, before the Ombudsman. A
between supply and demand. Petitioner complied with
similar complaint was filed before the Office of the

Imagination is everything. It is the preview of life's coming attractions. 

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- Albert Einstein

the advice. Subsequently, it filed a case in the RTC for
rescission of the assignment. Decide.
March 28, 2007
#18
Upon order of the Ombudsman, the DILG placed mayor
Sancho under preventive suspension. Upon receipt of
the order, Mayor Sancho filed a petition for certiorari
with preliminary injunction with prayer for
restratining order in the RTC. The judge issued the writ
of preliminary injunction to stop the Ombudsman and
the DILG from placing the Mayor under preventive
suspension pending investigation of the administrative
complaint against him. Is the action valid? Explain.
#19
As a result of reported abuses suffered by Filipino
workers in Bahrain, the Secretary of Labor issued an
order immediately suspending the recruitment of
Filipino workers for Bahrain by private employment
agencies. Petitioner questioned the validity of the
order. Decide.
#20
Anton and Borg aver that since their action is for
damages based on the closure by Cyril of the logging
road, the court has jurisdiction over the same. The
judge however ruled that the Land Management Bureau
(LMB) must first determine that the closure of a logging
road is not proper before an action for damages can be
instituted. Anton and Borg elevated the Judge’s ruling
to the SC on a petition for certiorari. Decide.
Imagination is everything. It is the preview of life's coming attractions. 
- Albert Einstein
ADMINISTRATIVE LAW:
COMPILED ESSAY Q & A’s
#21
The Regional Director of the Department of Agrarian
Reform (DAR) placed the land owned by Jim and
involved in the case under compulsory recognition. The
DAR Adjudication Board ordered the Regional Director
to desist from pursuing any activities concerning the
land. The Sangguniang Bayan enacted an ordinance
reclassifying the land from agricultural to industrial. The
a Sangguning Panlalawigan approved the ordinance. Jim
applied for conversion of the land to agro-industrial use.
The DAR Secretary denied the application and the
motion for reconsideration. The Provincial Governor
appealed to the Office of the President. The Executive
Secretary reversed the DAR Secretary and approved the
application of Jim. The DAR Secretary filed a motion for
reconsideration, but it was denied for having been filed
beyond the 15-day period. The DAR Secretary filed a
new motion for reconsideration. The Office of the
president modified the earlier decision by reducing the
area approved for conversion to agro-industrial use. The
Provincial Governor questioned the amended decision
of the Office of the President. Decide.
#22
Active Net (AN) filed with the National
Telecommunications Commission (NTC) an application
for certificate of public convenience or necessity to
operate a cellular mobile phone system. In 2004, on the
basis of the 1978 NTC Rules of Procedure, which
authorized a grant of provisional authority on its own
initiative, the NTC granted a provisional authority. Rizal
firm Reach World claimed that the NTC should have
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 ADMINISTRATIVE LAW:
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applied the 1993 Revised Rules of Procedure which review of his case by the Office of the President violates
required the filing of a motion for a provisional the principle of separation of powers. Decide.
authority, since the 1993 Revised Rules of Procedure
#26
had been filed with the Office of the National
Discuss the limitations under the law on the authority of
Administrative Register. Decide.
local executives over members of the police force.
#23
February 24, 2007
On the basis of an anonymous complaint that the Office
of the Ombudsman (OMB) received together with a #27
photocopy of the adverse audit report of the
Ian and Sara were removed from office by the Mayor of
Commission on Audit (COA) attached thereto, the
the LGU on the ground that the ordinance creating their
findings of which were elevated by Governor Bulsa to
respective positions had not become effective for
the COA Chairman, administrative charges were
alleged lack of the requisite of departmental approval
initiated by the Fact-Finding Bureau of the OMB against
which fact turned out to have been secured. Can Ian
Bulsa for misconduct and dishonesty. The Executive
and Sara forthwith file an action for mandamus in
Secretary directed Bulsa to answer the charges and
court? Explain.
thereafter, to file his position paper if he so desires
before the case would be deemed submitted for #29
decision. Identify and resolve at least three issues Ana sued Cristy before the Office of the Finance
herein. (20 Points) Secretary for dishonesty. Allegedly, Cristy

#24 misrepresented her qualifications in her Personal Data

Name the authorities conferred with the jurisdiction
over administrative disciplinary actions against
appointive officers and employees. Explain each.
#25
Mike filed his money claim against the government
before the COA. The COA chairman referred his case to
the Office of the President for opinion, on the basis of
which the COA Chairman disallowed the former’s claim.
Mike now assails the legality of the opinion of the
Assistant Executive Secretary contending that the
Sheet (PDS). After hearing and recommendation by the
Integrity Protection Board, the Finance Secretary
dismissed Cristy from the service. Cristy appealed to the
Civil Service Commission (CSC) which, after review,
exonerated her of the charge. Ana appealed the CSC
decision dismissing the case. Cristy argued that the
Revised Administrative Code does not allow a review of
decisions exonerating employees from Administrative
Charges. Decide.
#30

Imagination is everything. It is the preview of life's coming attractions. 

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- Albert Einstein

State and distinguish the different modes of judicial
review of a decision of an administrative tribunal.
#31
Mario filed a complaint for grave misconduct against
Tom, Provincial Governor, before the DILG. A criminal
case was subsequently filed by Mario before the Office
of the Ombudsman. Tom filed a motion to dismiss on
the grounds that under the Local Government Code (RA
7160), the power to try the case belongs to the Office of
the President and that Mario has resorted to forum
shopping.
a. Are the contentions of Tom Correct? Why? (10 pts)
b. Suppose the administrative complaint was solely filed
with the Ombudsman and after notice and hearing, Tom
was meted the penalty of 5 months suspension. Is there
denial of due process if the Ombusman makes the
decision final and executory despite the filing of an
appeal by Tom before the proper appellate court?
Why? (10 pts)
#32
Zev, a newly retired employee, applied for pension
benefits with the SSS. Her application was approved,
but pension benefits were paid from the date of
approval. She filed a case in court on the ground that
the pension should commence from the time she
lodged her application. The case was submitted for
resolution on the basis of a complete stipulation of
facts. The SSS argued that the case should be dismissed
Imagination is everything. It is the preview of life's coming attractions. 
- Albert Einstein
ADMINISTRATIVE LAW:
COMPILED ESSAY Q & A’s
for failure of Zev to exhaust administrative remedies.
Decide.
#33
Maharlika Co., a government subsidiary, sued the SPDA,
a GOCC under the Office of the President, for breach of
contract and damages. Maharlika claimed that SPDA
failed to develop a housing settlement as provided for
under the contract. Maharlika also filed a case for graft
Against the SPDA Administrator. May the Solicitor
General represent the SPDA and its Administrator in
those cases? Reasons.
February 19, 2006
#34
State the modes of judicial review of a decision of an
administrative body under Rule 43 and Rule65 of the
Revised Rules of Court. Distinguish one from the other.
#35
Eva filed a complaint for reinstatement and payment of
backwages against the Bacnotan with the DOLE. The
Arbiter dismissed her complaint for lack of merit and
then her motion for reconsideration, the resolution
denying it stating: “A close perusal of the records as
well as the written arguments in support of said motion,
undersigned fails to find any justification to alter or
modify the aforesaid Decision.” Eva appealed by
certiorari. Decide.
#36
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Jason, a newsman requested the GSIS Manager for any ordinance if in his opinion the tax imposed therein
information whether reports that certain city councilors is excessive. Decide.
were able to obtain loans without collateral were true.
December 20, 2003
As the request was denied, Jason filed a petition for
mandamus. Respondent GSIS Manager argued that
#39
Jason failed to exhaust administrative relief since he did
The Director of the Land Management Bureau (LMB)
not appeal to the GSIS Board of Trustees. Decide.
granted a timber concession to Ariel over the objection
#37 of Buddy. On appeal, the DENR Secretary reversed the

John, skipper of M/V Rosario, and Don, skipper of M/V decision of the Director and awarded the concession to

Grace, were charged in court with multiple homicide Buddy. Upon petition of Ariel, the RTC issued the writ of

and damages to property thru reckless imprudence. preliminary injunction asked for. Decide whether or not

During the pendency of said criminal case, the the judge acted correctly in taking cognizance of the

Administrative Committee on Marine accident petition and in issuing the writ or preliminary

conducted an investigation of the collision and its injunction. Explain.

report was reviewed by the Board of Maritime Inquiry

#40
(BMI) which found both John and Don not guilty and
In the exercise of its power to regulate sea transport
thus ruled for their exoneration. The Trial Court
and assure the highest degree of public safety, the
however convicted the two officers of the crime
MARINA imposed, conformably under its Resolution No.
charged. John complained that the court utterly
10, a fine of P100,000 upon the Everest Lines for making
disregarded the decision of the BMI exonerating him
a stop at the Zamboanga Port on its Manila to Davao
from any criminal and civil liability. Decide.
route to pick up passengers and cargo without first
#38 securing the approval from MARINA. Everest Lines

Gumsky filed an action before the court to obtain challenged in court the authority of MARINA to impose

declaratory judgment on the legality of the ordinance of the fine, arguing that the power to impose fines in the

the City Council of Butuan imposing a certain Tax. The nature of criminal penalty is a judicial function exercised

City Council argued that Gumsky should first exhaust through the courts and cannot be delegated to MARINA

administrative remedies by appealing to the Secretary by mere implication or interpretation. Decide.

of Finance pursuant to the old Local Tax Code granting

#41
the Secretary the power to suspend the effectivity of

Imagination is everything. It is the preview of life's coming attractions. 

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- Albert Einstein
 ADMINISTRATIVE LAW:
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Manny, a DPWH employee, obtained a passport and
then left for Germany after a charge for violation of the
ill-gotten wealth law (RA 1379) was filed against him in
court. On motion for the prosecution, the court issued
an order directing the government to take the proper
petition was decided not by the same officer who
presided the conference. Decide.
#43
Do administrative bodies have the power to require the

steps to bring back Manny so that he may be dealt with attendance of witnesses and punish them for contempt

in accordance with the law. The Department of Foreign for their failure to attend the proceedings? Explain.

Affairs Secretary ordered the cancellation of Manny’s

March 23, 2006
passport. The BIR also placed under distraint his
property. Moreover, the DPWH Secretary issued an #44
order dropping Manny from the rolls for his unjustified
The Philippine Medical College, a private medical school
absence and failure to report for work despite notice.
was recommended for closure after the Board of
The counsel of Manny claimed denial of due process.
Medical Education (BME) found the PMI not to have
Decide on all issues.
satisfied the minimum standard for medical schools.

#42 Based on such recommendation, the Education

Secretary closed PMI. The closure order was appealed
When respondent Argo, a multinational company,
to the President of the Philippines claiming that the
started manufacturing tampons, Petitioner AB filed a
DepEd committed grave abuse of discretion. The
petition with the Board of Investments (BOI) asking it to
Executive Secretary affirmed the DepEd decision. PMI
order Argo to desist from such activity as Argo had
filed a civil suit challenging the closure and asked for the
expanded its business activity without prior BOI
issuance of a writ of preliminary injunction which was
authority. Argo answered that the activity in question
granted by the trial court holding that the closure of
was within the line of business in which it was engaged.
PMI based on the inspections was arbitrary and not
The director of the legal department of the BOI set the
supported by evidence. The BME appealed to the SC.
case for conference. During the conference, the parties
Decide.
expounded on their positions. Thereafter, they filed
their memoranda. AB asked that the case be set for #45
hearing on the merits, but its motion was denied. AB
A complaint was filed with the National
claimed that it was denied due process because the
Telecommunications Commisson by Rico, a job
conference was not on the merits, there was no
applicant who claimed that he suffered injury in the
stenographer during the said conference and the
form of lost employment opportunity and income by

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- Albert Einstein
 ADMINISTRATIVE LAW:
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the failure of Smart Inc. to transmit to him text #49

messages notifying him to report for work within the
After due hearing in an administrative proceeding for
period set as deadline by employer Agriz. Smart moved
abuse of authority and grave misconduct, the
for the dismissal of the complaint. Decide.
Ombudsman issued a decision imposing the penalty of

#46
six months suspension on respondent Governor Jose. As
his motion for reconsideration as denied by the
An act was passed by Congress giving the Chairman of
Ombudsman, Jose went to the CA in a petition for
the Land Transportation and Franchising Regulatory
review. The Ombudsman, acting on complainant’s
Board (LTFRB) the authority, as an exercise of police
motion for execution, issued an order directing the
power to ensure proper monitoring and regulation in
implementation of the suspension. The order cited the
the interest of the riding public, to require every public
suppletory application of the provisions of the 1987
utility to furnish annually a detailed report of finances
Revised Administrative Code and the Local Government
and operations in such form and containing such
Code which expressly allow the immediate execution of
matters as the board may from time to time by order
decisions pending appeal. Jose claimed that his filing of
prescribe. Public Utility Operators questioned in court
the appeal stays the execution of the decision. Decide.
the Act. Decide.

September 24, 2005

#47

Reconcile and/or differentiate the primary and original #50

jurisdiction of the Department of Agrarian Reform to
Grand Co. was granted a contract to operate a gold
determine questions of just compensation of a private
mine in Maco. The DENR advised Grand Co, that the
property under the Comprehensive Agrarian Reform
mining claim in Maco should be awarded to Enox which
Law form the exclusive jurisdiction of the court over
was previously awarded the right to develop gold
petitions for determination of just compensation under
deposits in another area. Pursuant to such advice,
the same law.
Grand Co. and Enox executed an agreement assigning to

#48 the latter all rights and interest on the mining area
awarded to Grand Co. Later, Grand Co. filed an action
a. Distinguish between an administrative rule and an
before the RTC for rescission of the agreement and
administrative interpretation.
damages against Enox because Enox took possession of
b. Distinguish investigation from hearing in the mining area before the contract can be approved
administrative proceedings. finally by the DENR. Decide.

Imagination is everything. It is the preview of life's coming attractions. 

21 of 21
- Albert Einstein