SAMPLE QUESTIONS IN ADMINISTRATIVE LAW

1.Atty. Jose Lavida’s car was caught wrongly parked by the Metro Manila Development Authority police operatives. The car was then towed and its license plate taken. When Lavida complained, he was issued a traffic violation report (TVR), which he may use in claiming his car, after paying the fine of 3,000 within seven days; otherwise a criminal case will be filed against him.

Lavida filed a mandamus case in the RTC, to compel the MMDA to return his car and his licence plate.

a. On the part of Lavida, what possible grounds would he invoke so that his prayer be granted?

b. On the part of the MMDA, what possible grounds could it invoke to maintain its position?

c. If you were the Judge, how would you rule?

2.Explain the following doctrines:

a. Implication

b. subordinate legislation

d. primary jurisdiction

e. exhaustion of judicial remedies

f. qualified political agency

3.State whether the principle of exhaustion of administrative remedies apply in the following cases:

a. The Housing Land Use Regulatory board issues a memorandum stating that effective January 1, 2006, all housing units with unpaid premium for two years, shall be deemed foreclosed and shall be sold at public auction. John’s house is affected, and he questions the validity of said memorandum.

b.The Kapisanan ng mga Konserbatibong Linang, a non-governmental organization which monitors the flooding incidents in Quezon City, files a complaint before the RTC to cancel all Timber Licensing Agreements issued for the past five years, as they caused the flash floods. They questioned the DENR’s passivity and inaction on the matter, despite the pendency of the administrative complaints, which they filed in the said office.

c. The DAR declared John’s riceland as covered under the Compulsory Acquisition pursuant to PD 27.John received the valuation, which he objected as it was very low. The DAR informed him that he can appeal to the Secretary of Agrarian Reform about the matter. John did not take heed. He filed his complaint directly to the Regional Trial Court.

d. The Secretary of Agrarian Reform ruled that the coverage of X’s land under agrarian reform was validly undertaken by the DAR Provincial Director. Not agreeing thereto, he filed his petition for certiorari before the Court of Appeals, attributing grave abuse of discretion on the part of the Secretary.

e. Jose Mabini, the principal of Olingan Elementary School was dismissed and ousted by the Superintendent of Schools by reason of abuse of authority, gross immorality and corruption. He was then replaced by Maria Bonifacio.He filed a quo warranto proceeding before the RTC.

4.Agripina Morandarte was appointed by the President of the Philippines as Undersecretary of the DTI in 2003.Due to some reports that she committed immoral acts; a committee was created to investigate the charges. The committee created by the President herself, found her guilty and recommended her dismissal. The president immediately issued the order of dismissal, invoking her power of control over undersecretaries. Is the dismissal proper?

5.State the facts, issues and ruling of the famous Ang Tibay v. CIR, which serves as the basis for administrative due process.

6.Does the Supreme Court share in delegated legislative powers under the constitution? Explain.

7.Distinguish the power of control from the power of supervision. Cite at least one instance to demonstrate the difference.

8.On the basis of the Civil Service decision, Jose Reyes and Lydia Baytion were ordered reinstated with back wages to the Provincial Government of Zambo. Norte. The Civil Service ruled that the governor illegally dismissed them. The judgment became final because the province did not appeal the decision.

When the province was about to release the payment for backwages, the Commission on Audit however, disallowed the same, ruling that it is the governor who should be made personally liable to pay the back wages, considering that it was him who illegally dismissed said employees.

If you were the counsel of Jose Reyes, what should be your ratiocination to convince the COA to reverse its ruling?

Is the COA correct?

9.Aquilino Larin was appointed as Assistant BIR Commissioner in 1995.He was charged with malversation before the Sandiganbayan and was convicted. Meanwhile the BIR Commissioner furnished the President of the copy of the Sandiganbayan decision. The president then organized a committee and on the basis of the committee’s recommendation, dismissed Larin from the service.

Larin appealed his Sandiganbayan conviction to the Supreme Court, which reversed the conviction.

Larin wrote a letter to the president praying that he should be reinstated with backwages, as the Supreme Court acquitted him of the criminal charge.

The president denied his prayer. She argued that the criminal case is different from the administrative case, and besides, pursuant to her control powers, she had already reorganized the bureaus and appointed another assistant commissioner in Larin’s stead. The president emphasized that Larin has no more place in the bureaucracy.

You are hired as Larin’s counsel, how would you argue his cause for reinstatement.

10.At the height of an oil crisis, the Energy Regulatory Board approved without any hearing the application of SHELL, PETRON and GRANEX to increase oil prices to 20%, on the basis of the unrebutted applications filed by the said companies. The people complained as said increases spelled in capital letters their hardships. Senator Pangmasa filed a petition in Court to stop the increases, reasoning that the same are violations of administrative due process, as no hearing, consultations, or even an opportunity to be heard was even made.

Comment on the validity of the contention of Senator Pangmasa.

11. What important administrative principles are illustrated in the following cases:

a. Coconut Dessicators v. PCA

b. Maceren

c. Laguna lake development authority

d. Morcoso v. CA

e. NFA v. CA

12. The administrative Code provides for a definition of some of the president’s powers such as the ordinance and residual powers. What is our understanding of these powers?

13. In the case of CANORECO, the president enjoys only two constitutionally delegated legislative powers. State these two powers.

14.The Commission on Human Rights and the National Bureau of Investigation has only one kind of administrative power or function. Illustrative of these cases, with respect to the CHR are the cases of Simon v. CHR, Cariño v. CHR.What power is that? Describe this power and its limitations.

15.Distinguish discretionary from ministerial power and illustrate with examples.When said power is abused state your remedies.

16.Pursuant to Supreme Court Circular No. 1-91, state whether a decision from the National Labor Relations Commission can be taken to the Court of Appeals on a petition for review? Why?

17.The administrative code of 1987 defines a government agency, an instrumentality, a bureau, local agency, chartered institution, and an attached ageny. Cite an example of each.

18.State the common jurisprudence expressed in the rulings of the following cases: People v. Que Po Lay, Balbuna v. Sec. Of Education, and Tañada v. Tuvera.

19.What powers are included in the term “quasi-judicial power”?

20.When are proceedings adversarial and when are they ex-parte?