Camiguin Polytechnic State College

Institute of Arts
Administrative Law
Midterm Examination

Instructions: For MCQ write the letter only that corresponds to the correct answers, for essay
questions kindly answer briefly and provide concise statement of its legal basis and and
conclusion. A mere yes or not does not deserve to earn points.

I. MCQ

1. It is the function of the government that is considered to be compulsory which forms the very
bond of the society?
a. Constituent Function c. Ministrant Function
b. Administrative Function d. Corporate Function

2. Salus Populi Est Suprema Lex relatively referred to?

a. Power of Subordinate Legislation c. Police Power
b. Expropriation Power d. Power of Judicial Review

3. The following are political subdivisions of the government, except?

a. City c. Province
b. Barangay d. Autonomous Region

4. Defined as one of the major administrative divisions of the executive branch of the
government, usually headed by an officer of cabinet rank?
a. Department c. Office
b. Bureau d. Regulatory Agency

5. It means that whenever there is an available administrative remedy provided by law, no

regular court shall acquire jurisdiction until such remedies have been availed and exhausted?
a. Doctrine of Exhaustion of Administrative Remedies c. Doctrine of Finality of Admin
Actions
b. Doctrine of Prior Resort d. Alter-Ego Doctrine

II. Definitions
1. Administrative Law
2. Agency
3. Bureau
4. Congress
5. Executive Branch
6. Judiciary
4. Doctrine of Qualified Political Agency
5. Power of Subordinate Legislation
6. Governmental Instrumentality
7. Government-Owned or Controlled Corporation
8. Inquisitorial Power
9. Adjudicatory Power
10. Doctrine of Constitutional Supremacy
11. Amendment of the Constitution
12. Revision of the Constitution

III. Enumerations
1. Powers of Administrative Agencies/Bodies
2. Sources of Authority
3. Branches of the Government
3. Inherent Powers of the State
4. Elements of the State
5. Modes of amending/revising the Constitution and its required votes
6. (2) Functions of the State
7. Tests as to the valid exercise of rule-making power of an administrative agency.

IV. Essay (5 points each)

1. Algie Rose Datchile is madly in love with her lawyer boyfriend Jonel Labadan. The latter as
private practitioner of law in Manila was so dedicated in his craft in defending his client and was
so sensitive with regards to national issues and concerns. Algie Rose Datchile later on, found out
that Atty Jonel Labadan had another girlfriend named Level Neri and the two of them were
already cohabiting under one roof. Devastated with the uncovered lies, Algie Rose went abroad
for the pain was found to be unbearable to the man who she used to love and is beyond
forgetting.

Atty. Labadan became a prominent lawyer in the country. In December 2021, he filed a petition
with Comelec for the conduct of a referendum changing the constitution through people’s
initiative from presidential to parliamentary type of government to be headed by a prime
minister.
a. Is the mode availed by Atty. Labadan proper and legal? Explain with basis and reasons.
b. Is the change of type of government from presidential to parliamentary constitutes amendment
or revision? Explain with basis and reasons.

2. Punong Barangay Enzo Llacuna the ex-lover of country popstar Lorraine Yamba was charged
with three administrative cases filed at the Office of Sangguniang Bayan of Balintig, Timbokto.
A verdict was rendered finding Punong Barangay Enzo guilty as charged. This prompted him to
file a Petition for Certiorari with the Regional Trial Court on the ground that the Sangguniang
Bayan committed grave abuse of discretion for he was not afforded due process for lack of notice
and was not given an opportunity to defend his part.
a. What power did the Sangguniang Bayan of Lawan exercised? Explain with substance.
b. Is the Petition for Certiorari filed by him is the proper remedy to question the decision.
Explain with legal basis and reasons.

3. Mayor Franco Lague, the estranged husband of business magnate Angela Daa indorsed a letter
to the Sangguniang Bayan of Lawan to pass an ordinance increasing the rates of entrance fees of
all tourist spots in their town. The Sangguniang Bayan (SB) enacted an Ordinance for its increase
and conducted a public hearing as a requirement prior to its passage and effectivity. This was
question by a local lawyer and filed a petition for certiorari with the Regional Trial Court on the
ground that SB acted with grave abuse of discretion. The SB on the other hand argued that the
petition should be dismissed for lack of merits both in facts and in law.
a. What power did the Sangguniang Bayan of Lawan exercised? Explain with substance?
b. Is the Petition for Certiorari filed against the SB the proper remedy to assail such ordinance?
Explain with legal basis and reasons.

4. Atty. Epong is the corporate lawyer of Palarca Group of Companies. It is a diversified group
of companies that ventures in clothing line and apparels, telecommunications, construction,
mining, real estate, and airline industries. After working for 30 years as a corporate lawyer, Atty.
Epong made 1 week leave to accompany her Congolese lover from Africa. The company
terminated her for Absence Without Official Leave (AWOL).

The feisty lady lawyer file an administrative case of illegal dismissal with the Department of
Labor and Employment upon her arrival in the Philippines. The Labor Arbiter rendered a
decision in favor of the company and against the lawyer-employee. She then filed an appeal with
the Regional Trial Court arguing that the Labor Arbiter committed an error in not appreciating
the facts presented, and the questioned decision should be set aside and be ruled in her favor.
a. What power did the Labor Arbiter exercised? Explain wit reasons and legal basis.
b. Is an appeal to a regular court a proper remedy in this case? Why?

5. Jane Mecla is the current Provincial Social Welfare and Development Officer of the Province
of Sun-ok is the younger sister of Deputy Ombudsman for Mindanao- Mae Saballa. Due to the
discovered massive amount of money under the BDO account of respondent Mecla, the Office of
the Ombudsman Mindanao Station without haste conducted an inquiry.

Fully aware that respondent Mecla is the sister of Deputy Ombudsman Mae Saballa, Ariel
Monton the ABC President of Sun-ok filed a manifestation with the Office of the Ombudsman
raising the issue of partiality and that Ombudsman Saballa shall inhibit herself for the said matter
of which the latter acceded to. Respondent Mecla was later on found to be engaged in money-
laundering business and was recommended that a case for graft is to be filed with
SandiganBayan.
a. What power did the Office of the Ombudsman is executed? Explain with basis and reasons.
b. Explained well the concept and scope of this power, if any?

6. Doña Jane Castillo who is the former wife of Clint Abis, owned vast tract of agricultural land
in the Municipality of Bunhok as her share of the conjugal properties with her former husband
Abis who is now living with her partner who is a president. Doña Jane Castillo cultivated the
said lands as sugarcane plantation. Later on, the then General Manager of Bunhok Electric
Cooperative Jade Adlaon filed an expropriation case in order for the transmission wires and
poles be installed at the property owned by Castillo. Prompted with the said development, she
hired two lawyers Atty. Mitch Daroy and Jessel Sixto to represent her in the said case.
The lawyers argued in court that the said property cannot be expropriated on the ground that
Bunhok Electric Cooperative is not a government entity, hence the case should be dismissed for
lack of legal and factual basis.
a. Is the contention of the lawyers proper and valid? Explain with basis and reasons.
b. Explained well the concept and coverage of this power, if any.