FINAL EXAMINATION

1. Ricardo Gomez files his Certificate of Candidacy but he was charged with premature
campaigning since there was a motorcade that immediately took place in the locality after
the filing of his candidacy. No speeches were however made, instead there was only a
machine music in the background and a grandstanding for the purpose of raising hands of
the candidates in the motorcade. Is he disqualified to run as mayor considering he
conducted a premature campaigning?

2. The Mayor of San Jose City appointed his wife, Carmina, as City Treasurer from among
three (3) employees of the city considered for the said position. Prior to the said
promotion, Amelia had been and Assistant City Treasurer for ten (10) years. That is, even
before she married the City Mayor. Should the Civil Service Commission approve the
promotional appointment of Amelia? Why or why not?

3. Maximo, an employee of the Department of Education, is administratively charged with

dishonesty, the Secretary of Education preventively suspended him for a period of Sixty
(60) days. On the 60th day of preventive suspension, the Secretary rendered a verdict,
finding Maximo guilty, and ordered his immediate dismissal from the service. Maximo
appealed to the Civil Service Commission, which affirmed the Secretary’s decision.
Maximo then elevated the matter to the Court of Appeals. The CA reversed the CSC’s
decision, exonerating Maximo. The Secretary of Education then Petitions the Supreme
Court for the review of the CA’s decision. If the Supreme Court affirms the decision of the
CA, is Maximo entitled to recover back salaries corresponding to the entire period he was
out of service, including the period of preventive suspension?

4. While Congress was not in session, the President appointed Alex as Secretary of the
Department of Tourism (DOT), Benjamin as Commissioner of the Bureau of Immigration
(BI), Cardo as Chairman of the Civil Service Commission (CSC), Dexter as Chairman of
the Commission on Human Rights (CHR), and Emmanuel as Philippine Ambassador to
Cameroon. The following day, all the appointees took their oath before the President, and
commenced to perform the functions of their respective offices.

A. Characterize the appointments, whether permanent or temporary, and whether

regular or interim, with reasons.
B. A civil society group, the Volunteers Against Misguided Politics (VAMP) files suit
contesting the legality of the acts of the appointees and claiming that the appointees
should not have entered into the performance of the functions of their respective
offices, because their appointments had not yet been confirmed by the Commission on
Appointments. Is this claim of VAMP correct? Why or why not?

5. Explain fully the Doctrine of Exhaustion of Administrative Remedies and Doctrine of

Primary Administrative Jurisdictive.
6. Manuel ran for Congressman of Pasig City. However, his opponent, Ricardo, was the one
proclaimed and seated as the winner of the election by the COMELEC. Manuel filed
seasonably a protest before the House of Representatives Electoral Tribunal (HRET). After
two years, HRET reversed the COMELEC’s decision and proclaimed Manuel as the duly
elected Congressman. Thus, he had only one year to serve in Congress.

A. Can Manuel collect salaries and allowances from the government for the first two years
of his term as Congressman?
B. Should Ricardo refund to the government the salaries and allowances he had received
as Congressman?
C. What will happen to the bills that Ricardo alone authored and were approved by the
House of Representatives while he was seated as Congressman?

Reason and explain fully.

7. Andres, a City Administrator, and Lucas, the City Vice Mayor, both filed Certificates of
Candidacy for the position of City Mayor. What are the effects of the filing of Certificate of
Candidacy on their respective positions in government? Explain fully.

8. Director Miranda failed the lifestyle check conducted by the Ombudsman’s Office because
Miranda’s assets were grossly disproportionate to his salary and allowances. Moreover,
some assets were not included in his SALN. He was charged with graft and corrupt
practices and pending the completion of investigation, he was suspended from office for
six months. Director Miranda petitioned the Court of Appeals to annul the preventive
suspension order on the ground that the Ombudsman could only recommend but impose
the suspension without notice and hearing, in violation of due process. Is the contention
of Director Miranda meritorious? Discuss fully.

9. Who shall fill a permanent vacancy in an elective position resulting from a declaration of
ineligibility of a candidate earlier proclaimed as the winner in an election. Discuss.