Friday, January 4, 2013

tips for the preliminary examination in adm. law



1.       (A)Agency of the Government (B) Instrumentality (c) chartered institution (d) attached agency (e) government owned or controlled corporation ---refers to any of the various units of the Government, including a department, bureau, office, instrumentality, or government-owned or controlled corporations, or a local government or a distinct unit therein.
2.       (A)Agency of the Government (B) Instrumentality (c) chartered institution (d) attached agency (e)  GOCC--- refers to any agency of the National Government, not integrated within the department framework vested within special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies, chartered institutions and government-owned or controlled corporations.
3.       (A)Agency of the Government (B) Instrumentality (c) chartered institution (d) attached agency (e) GOCC -refers to any agency organized or operating under a special charter, and vested by law with functions relating to specific constitutional policies or objectives. This term includes the state universities and colleges and the monetary authority of the State
4.        (A)Agency of the Government (B) Instrumentality (c) chartered institution (d) attached agency (e) government owned or controlled corporation refers to any agency organized as a stock or non-stock corporation, vested with functions relating to public needs whether governmental or proprietary in nature, and owned by the Government directly or through its instrumentalities either wholly, or, where applicable as in the case of stock corporations, to the extent of at least fifty-one (51) per cent of its capital stock.
5.       (A) Officer  (b) clerk  (c) employee (d) rank and file (e) laborer-----refers to a person whose duties, involves the exercise of discretion in the performance of the functions of the government
6.       The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty . The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the (a) internal waters (b) territorial sea  (c) contiguous zone (e) exclusive economic zone --of the Philippines.
7.       Citizens of the Philippines who marry aliens shall (a) lose  (b)retain (c) regain (d) renounce (e) reacquire their citizenship.
8.       The State shall (a) not be bound (b) be bound (c)held responsible (d) not affected (e) estopped  by the mistakes or errors of its officers or agents in the exercise of their functions.
9.       Until otherwise provided by law, (a)Pilipino and English (b) Filipino and English (c) English (d) Filipino (e) Pilipino ---shall be the official languages.
10.   Laws shall take effect after fifteen (15) days following the completion of their publication in the (a) Official Gazette or in a newspaper   (b) Official Gazette (c) newspaper  (d) both in Official Gazette and newspaper  (e) Official Gazette or newspaper of general circulation, -----unless it is otherwise provided.
11.   In the interpretation of a law or administrative issuance promulgated in all the official languages, the (a) English (b) Filipino  (c) Pilipino (d) local language (e) dialect ----text shall control, unless otherwise specifically provided.
12.   Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with the utmost (a) responsibility, integrity  (b) loyalty and efficiency (c)  act with patriotism and justice, and (d) lead modest lives (e) all of the above
13.   The property of Mr. Santos was sold at public auction for non-payment of tax. Who can bid on the said property at public auction? (a) any person who is not employed in the government (b) the wife of the municipal treasurer (c) janitor of the court (c) a contractual employee of the BIR (D) the mayor of the city (e) insurance agent.
14.   A public officer shall not be civilly liable for acts done in the performance of his official duties, unless there is a clear showing of  (a) bad faith (b) malice (c) gross negligence (d) only a & b (e) all of the above
15.   Any public officer who, without just cause, neglects to perform a duty within a period fixed by law or regulation, or within a reasonable period if none is fixed, shall be liable for (a) damages (b) criminally (c) administratively (d) civilly (e) b, c and d.
16.   A head of a department or a superior officer shall not be civilly liable for the wrongful acts, omissions of duty, negligence, or misfeasance of his subordinates, unless he has actually authorized by (a) written order (b) even without written order (c)by a memorandum (d) general order (e) specific written circular  ---the specific act or misconduct complained of.
17.   No subordinate officer or employee shall be civilly liable for acts done by him in good faith in the performance of his duties. However, he shall be liable for willful or negligent acts done by him – (a) if it is contrary to law  (b) if it is contrary to moral (c) if he acted under orders of his superior (d) if it is contrary to public policy  (e) all of the above.
18.    Which of the following officers do not have  general authority to administer oath? (a) Notaries public (b) judges (c) clerks of court (d) secretary of the congressman (e) secretary of senate 
19.   Which of the following are allowed to serve as notary public? (a) lawyers (b) judges  (c) register of deeds (d) prosecutors  (e) governors
20.   Officers authorized to administer oaths, with the exception of  (a) notaries public (b) municipal judges (c) clerks of court (d) a & b (e) a, b & c---- is/are not obliged to administer oaths or execute certificates save in matters of official business.
21.   To expedite administrative proceedings involving conflicting rights or claims and obviate expensive litigations, every agency shall, in the public interest, (a) simplify their procedure (b) not apply the rules of evidence strictly (c) encourage amicable settlement, compromise and arbitration (d) observe administrative due process (e) hear the case summarily.
22. - Unless otherwise provided by law or executive order, an appeal form a final decision of the agency may be taken to the (a) Court of appeals (b)Department head (c) Supreme Court  (d) Secretary of the Department (e) Office of the President.
23. The Administrative Code shall be applicable to all government agencies as defined in the next succeeding section, except the  (a) Congress (b) the Judiciary (c)  the Constitutional Commissions, (d) military establishments in all matters relating exclusively to Armed Forces personnel, the Board of Pardons and Parole, and state universities and colleges (e) all of the above.
24. When travel is done by water and subsistence is not included in the transportation cost, the amount actually and necessarily spent for subsistence during such travel time shall be paid, and (a) no per diems shall be allowed in lieu thereof (b) per diems shall be allowed in lieu thereof (c) per diems shall be allowed plus hotel expenses (d) no per diems but only reasonable expenses as may be allowed by law (e) only per diems are allowed.
25. (a)Per diems (b)  travel allowances  (c) per diems and travel allowances (d) Meal  expenses (e) hotel expenses ------shall not be granted to members of field parties or others for whom subsistence and allowances in kind are supplied or other special provision made to cover travel expenses.
26. The travel expenses of a government official or employee who is assigned to render a special service to (a) any private person or entity (b) government agency (c) government corporation (d) government instrumentality (e) none of the above ------the expenses for which are payable by the latter, shall be paid from a deposit which the private party shall be required to make before the performance of the special service is commenced, subject to the limitations and requirements herein provided for travel expenses payable from government funds.
27. No official or employee of the Government who remains temporarily at one station for a period longer than one (1) month shall be paid per diems in excess of one (1) month, except upon the approval of the head of department, and, in case his temporary stay in any one place exceeds (a) three months (b) six months (c) one year (d) two years (e) none of the above ------ payment of per diems in excess of said period  shall be made only upon the previous approval of the Secretary.
28. Whenever, due to the exigencies of the service and not at his own request, an official or employee is transferred from one station to another, said official or employee and his spouse and children below twenty-one years of age shall be entitled to (a) transportation and freight (b) transportation (c) reasonable dislocation allowance (d) expense allowance (e) transfer expenses , at the expense of the Government, to be paid from the appropriation for traveling expenses of the bureau or office concerned.
29. Which of the following is not a “regular holiday”?(a) Maunday Thursday (b)All Saint’s Day (c)Araw ng Kagitingan (d)Bonifacio Day (e)Christmas day
30. The President shall have (a) control (b) control and supervision (c) supervision (d) absolute control (e) general supervision  of all the executive departments, bureaus, and offices.
31.  Acts of the President providing for rules of a general or permanent character in implementation or execution of  constitutional or statutory powers shall be promulgated in (a) general orders (b) executive orders (c) proclamation (d) special orders (e) circulars.
32. Proclamations. - Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in (a) general orders (b) executive orders (c) proclamation (d) special orders (e) circulars.

33. General or Special Orders.- Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines shall be issued (a) general/special orders (b) executive orders (c) proclamation (d) special orders  or memorandum(e) circulars.

34. The President shall have the power to deport aliens subject to the requirements of (a) deportation rules (b) due process (c) recommendations of the Immigration/Deportation Secretary (d)the law (e) all of the above.
35. The President shall determine when it is necessary or advantageous to exercise the power of eminent  domain in behalf of the National Government, and direct the (a) Prosecutors (b) Solicitor General (c) Secretary of Justice (d) Corporate Counsel (e) Attorney General whenever he deems the action advisable, to institute expropriation proceedings in the proper court.
36. The (a) Congress (b)President (c) The DENR Secretary (d) The COSLAP (e) Land Registration Authority shall have the power to reserve for settlement or public use, and for specific public purposes, any of the lands of the public domain, the use of which is not otherwise directed by law. The reserved land shall thereafter remain subject to the specific public purpose indicated until otherwise provided by law or proclamation;
37. The (a) Congress (b)President (c) The DENR Secretary (d) The COSLAP (e) Land Registration Authority has the power to reserve from sale or other disposition and for specific public uses or purposes, any land belonging to the private domain of the Government, or any of the Friar Lands, the use of which is not otherwise directed by law, and thereafter such land shall be used for the purposes specified by such proclamation until otherwise provided by law.
38. The President may temporarily designate an officer already in the government service or any other competent person to perform the functions of an office in the executive branch, appointment to which is vested in him by law, when: (a) the officer regularly appointed to the office is unable to perform his duties by reason of illness (b) there exists a vacancy (c) when the need arises  (d) required by the exigency of the service (e) both a & b only.
39. The person designated for a vacant position shall (a) not receive the compensation attached to the position (b) receive the compensation attached to the position (c) shall receive only allowances (d) shall receive the salary of the position  (e) shall receive the per diem only---unless he is already in the government service in which case he shall receive only such additional compensation as, with his existing salary, shall not exceed the salary authorized by law for the position filled.
40. Any temporary designation of an officer or employee shall -----(a) not exceed one year (b) two years (c) three years (d)depend on the appointment of the officer concerned (e) depend on the exigency of the service.
 
41. The President shall exercise (a)complete  control  (b)general supervision (c) control and supervision (d) administration  (e) administrative control ---- over local governments.

42. The Office of the President shall consist of the (a)Office of the President Proper (b) the agencies under it (c) both a and b (d) Office of the Executive Secretary (e) Malacañang staff  & Private Office
43. The (a)Office of the President Proper (b) the agencies under it (c) both a and b (d) Office of the Executive Secretary (e) Private Office --- shall provide direct services to the President and shall for this purpose attend  to functions and matters that are personal or which pertain to the First Family.
44. The President, subject to the policy in the a)Office of the President Proper (b) the agencies under it (c) both a and b (d) Office of the Executive Secretary (e) Executive Office ------and in order to achieve simplicity, economy and efficiency, shall have continuing authority to reorganize the administrative structure of the Office of the President.
45. The president  is empowered to (a) Restructure the internal organization of the Office of the President Proper, including the immediate Offices, the Presidential Special Assistants/Advisers System and the Common staff Support System (b)abolish, consolidate or merge units thereof  (c) transfer functions from one unit to another (d)Transfer any function under the Office of the President to any other Department or Agency (e) all of the above.
46. The Office of the (a) Solicitor General (b) Secretary of Justice (c) Government Corporate Counsel (d) Attorney General (e) State Prosecutor ----shall act as the principal law office of all government-owned or controlled corporations, their subsidiaries, other corporate off-springs and government acquired asset corporations and shall exercise control and supervision over all legal departments or divisions maintained separately and such powers and functions as are now or may hereafter be provided by law.
47. The (a) Department of Agrarian Reform (b)Commission on the Settlement of Land Problems  (c) Department of Environment and Natural Resources (d) Department of Cultural Minorities (e) Land Registration Authority ---shall be responsible for the settlement of land problems involving small landowners and members of cultural minorities.
48. An administrative agency possesses (a)quasi-legislative powers (b)  rule-making power (c) the power to make  regulations (d) the power to amend its own rules (e) all of the above.
49. Which of the following is true to an administrative agency? (a)An administrative agency has no authority to review the decisions of courts (b) it has the power to reverse an erroneous decision of a court (c) declare a law unconstitutional (d) it has the power to intervene in court proceedings (e) none of the above.
50.   Which is true about the powers of the Metro Manila Development Authority? (a) it possesses police power (b) it can confiscate license plates (c) it cannot  revoke driver's licenses in the enforcement of traffic laws and regulations (d) that all its functions are administrative in nature (e) both c and d.



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