Mcq Questions For Law 4f361h

Public officers 1. This law provides that public officials must make public documents accessible to, and readily available for inspection by, the public within reasonable hours and their violation of this provision make them criminally liable therefor. a. b. c. d.

Commonwealth Act No. 186 Republic Act 6654 Republic Act 6713 Republic Act 6683

2. When a conflict of interest arises, the public official or employee shall resign from his position in any private business enterprise within how many days? a. b. c. d.

30 days from assumption of office 60 days from assumption of office 15 days from assumption of office 45 days from assumption of office

3. It refers to an authority derived from official character merely, not expressly conferred upon the individual character, but rather annexed to official position a. b. c. d.

Designation Appointment Ex-Officio Ad Interim

4. It is neither removal, suspension or transfer when made in the interest of public service and absent a showing of manifest abuse of discretion or some improper motive or purpose. a. b. c. d.

Preventive Suspension Promotion Temporary Detail Acting Capacity

5.

What is the descriptive period to claim backwages?

a. b. c. d.

One year Six Months Five Years Three years

Compensation, Benefits and Privileges 1. The basic requirements for payment of salaries and wages of public officers are as follows, EXCEPT: a. b. c. d.

Existence of a created position with fixed compensation or emolument attached to the position Issuance of a valid appointment Rendition of services being paid Payment to the right person

2.

A Senator or Member of the House of Representatives shall be privileged from arrest

a. b.

in all offenses punishable by more than 6 years imprisonment, while Congress is in session in all offenses punishable by less than 6 years imprisonment, while Congress is in session

c. d.

in all offenses punishable by less than 6 years imprisonment, while Congress is in recess in all offenses punishable by more than 6 years imprisonment, while Congress is in recess

3. For those who have retired from the government service and has been receiving pension and subsequently reenters the government service, they a. Cannot anymore continue receiving his retirement benefits due to the prohibition on double compensation b. Must choose between continuing to receive his pension or receiving a salary for his job upon re-entering the government service, but not both c. Can continue receiving the salary attached to the latter job, and the retirement benefits he had received or is receiving do not constitute double compensation d. Must return the pension he previously received, and will be entitled to the regular salary of his job upon reentering the government service 4. Mr. A, a government employee has numerous debts to Mr. B. Due to his inability to pay, Mr. B filed an action for the garnishment of Mr.A’s next paycheck. Will his action prosper? a. Yes, since the salary already accrued to Mr.A’s favour even though he has not received it yet. As such, it is his property and can properly be garnished for the payment of a debt b. No, since a salary check of a government employee does not belong to him before it is physically delivered to him. Hence, money in the hands of public officers although these are due to government employees, is not liable to the creditors of these employees in the process of garnishment. c. No, since being a government employee, Mr.A has special privileges and cannot be compelled by Mr. B to pay his debts while still in office. d. Yes, since a government employee’s salary can properly be garnished in all instances. 5.

Which of the following is true?

a. The salaries of Senators and of the House of Representatives can be increased at anytime since salary rates are determined by the legislative body itself. b. The salary of the Chairman and the Commissioners can be decreased during their tenure. c. Pensions or gratuities shall not be considered as additional, double or indirect compensation d. The increase in the President and Vice-President’s salaries are immediately effective

Quasi judicial Powers 1.When can a quasi-judicial agency acquires its jurisdiction over the person as a complainant? a. Upon filing of his complaint b. Upon paying the filing fees c. A and b d. None of the above 2. The due process consists of two concept except? a. substantive due process b. procedural due process c. right to notice process

3. Below are the basic cardinal requirements of due process except? a. b.

right to notice and hearing it must be clear and convincing evidence

c. d.

tribunal must consider the evidenc3e presented decision must have something to itself

4._____________________ is the opportunity to explain one’s side or a chance to seek reconsideration of the action or ruling complained of. a. b. c.

essence of due process istrative proceeding due notice and hearings.

5. Below are the requirements in some judicial agencies in making an appeal to higher istrative agency, except? a. b. c. d.

Appeal fee, posting of appeal bond, filing of notice of appeal accompanied by a memorandum appeal Appeal fee, filing of notice of appeal with memorandum appeal Appeal fee, notice of appeal None of the above

4. Public officers 1. As provided under RA 6713, all public official shall observe the following standards of personal conduct in the discharge of their public duties, except: a. b. c. d.

Professionalism. Political Neutrality. Simple Living. Commitment to Communism.

2.

Public officials and employees during their incumbency shall not:

a. Recommend any person to any position in a private enterprise which has regular or pending official transaction with their office. b. Engage in the private practice of their profession, unless authorized by law. c. Own, control, manage and accept employment as officer, employee , consultant, counsel, broker, agent, trustee, etc... in any private enterprises related, supervised or licensed by their office, unless expressly allowed by law. d. None of the above. 3. This refer to an authority derived from official character merely, not expressly conferred upon the individual character, but rather annexed to the official position: a. b. c. d.

Ad interim. Ex oficio. Peace officer. (?) Constitutional Commission.

4. An act by any public officer which is prohibited as an election offense under the Omnibus Election Code and is define as “an act designed to promote the election or defeat of a particular candidate or candidates to a public office.” a. b.

Piracy. Corruption.

c. d.

Partisan Political Activity. Privateering .

5.

Government employees may refer their unresolved grievances and labor disputes to the:

a. b. c. d.

Bureau of Labor Relations. National Labor Relations Commission. Public Sector Labor-Management Council. Department of Interior and Local Government.

6.

One canon of statutory construction with regard to operation of a statute(Segovia vs. Noel)

a. A statute operates prospectively only and never retroactively, unless the legislative intent to the contrary is made manifest either by the express of the statute or by necessary implication. b. A statute operates retroactively only and never prospectively, unless the legislative intent to the contrary is made manifest either by the express of the statute or by necessary implication. c. A statute operates prospectively only and never retroactively, unless the legislative intent to the contrary is made ambiguously either by the express of the statute or by necessary implication. d. A statute operates prospectively only and never retroactively, unless the legislative intent to the contrary is made manifest either by the implied of the statute or by unnecessary implication. 7.

One basic principle with regard public office is (Segovia vs. Noel)

a. A public office can be regarded as the property of the incumbent, and that a public office is secured by a contract. b. A public office cannot be regarded as the property of the incumbent, and that a public office is not a contract. c. Public office cannot be regarded as the property of the incumbent, but can be secured through a contract. d. Public office is not

5. Judicial review 1. The court is free to make the following inquires in judicial review of rules and regulations except: a. Whether the rule is within the delegated authority of the istrative agency b. Whether it is reasonable c. Whether it was issued pursuant to proper procedure d. Whether it should substitute its own judgment 2. It means the power or right conferred upon the officer by a law or acting officially under certain circumstances according to the dictates of his own judgment and conscience and not controlled by the judgment or conscience of others. a. Mandate b. Discretion c. Judgment d. Authorization 3. The following are the exceptions to substantial evidence rule except: a. Grave abuse of discretion in the appreciation of facts b. Conflicting findings of initial fact finding agency and istrative agency c. Inference made by the quasi-judicial agency from its findings of fact is manifestly mistaken d. None of the Above

4. Which is not a purpose of a certiorari? a. To present evidence forgotten to be presented b. To annul void proceedings c. To prevent unlawful/oppressive exercise of legal authority d. To provide for a fair/orderly istration of justice 5. The following are instances when mandamus may not lie except: a. To compel an official to do anything which is not his duty to do or give the applicant anything to which he isn’t entitled by law b. To compel not only the enactment and approval of the necessary appropriation ordinance, but also the corresponding payment of municipal funds therefore. c. To compel the appointing authority to appoint a particular person to a specific position, though qualified he may be d. To require anyone to fulfill contractual obligations 6. 1. The President’s power over government-owned corporations comes from ________. Hence it may be taken away by ____________.

a. b. c. d.

the Constitution-statute statute-statute statute- the Constitution the Constitution-the Constitution

2. Under istrative Law, decisions of _______________ need not be appealed to the President in order to comply with the requirement of exhaustion of istrative remedies. a. b. c. d.

Department Secretaries Department Heads Bureaus Executive Departments

3.

The power of the President to discipline officers flows from:

a. b. c. d.

the power to appoint the officer the power to control the power of supervision and investigation the power to remove

4. The Office of the Ombudsman has been granted vast powers, which of the following powers enumerated below is not provided in the Constitution and in Republic Act No. 6770? a. b. c. d. e. f. g.

Investigatory power Prosecutory power Public assistance functions Authority to inquire and obtain information Function to adopt, institute and implement preventive measures None of the above Both b and e

5. Is it a valid act when the Director of the Placement Bureau automatically became Commissioner of the National Employment Service without the appoinment made by the President of the Philippines with the consent of Commission on Appoinments? a. Yes, if he is best qualified" and "loyal to service and istration. b. Yes, if he has spent many years already in the service of the Government. c. No, Republic Act No. 761 requires specifically that said appointment be made by the President of the Philippines 'with the consent of the Commission on Appointments. d. No, because the recommendation of the Secretary of Labor must be made, for it to be valid.

7. Judicial Review and Modes of Quasi-Judicial Review 1. Mandamus will not lie on the following, EXCEPT: a. to compel a course of conduct b. to require anyone to fulfill contractual obligations c. to compel execution of an order of CSC for the reinstatement of an employee who had been dismissed and such CSC’s decision had become final d. to compel the appointing authority to appoint a particular person to a specific position, though how qualified he may be to the position 2. The court’s duty to review does not extend to: a. weigh conflicting evidence b. determine credibility of witness c. substitute its own judgment from istrative agency d. all of the above 3. Judicial review is allowed, EXCEPT: a. there is denial of due process in the istrative proceeding b. when evidence is clearly, manifestly and apparently substantial c. when there is no absolute evidence in of the findings d. none of the above 4. Which among the following are true with regard to the difference between Petition for Review under Rule 43 and Petition for Certiorari under Rule 65? a. Under Rule 43, CA reviews error of facts or error of judgment while in Rule 65, only questions of law and errors of jurisdiction are entertained. b. Unlike petition under Rule 43, Special Civil Action for Certiorari under Rule 65 includes the correction of errors in the evaluation or appreciation of evidence and findings based thereon. c. Petition for review under Rule 43 should be filed after exhaustion of istrative remedies within 15 days from the issuance of decision or resolution, while petition for certiorari under Rule 65 should be filed within 60 days from the issuance of the questioned judgment, order or resolution by an aggrieved party with SC, CA or RTC, as the Rules of court or applicable law provides. d. all of the above 5. The factual findings of istrative agencies exercising quasi-judicial powers are accorded respect and even finality if ed by substantial evidence, except: a. When the findings are explicit, citing the specific evidence on which they are based. b. When the findings are grounded entirely in speculation, surmises, or conjectures

c. When the findings of fact are not conflicting d. When the findings are premised on the absence of evidence but such findings are corroborated by the evidence on record. 8. Code of Conduct and Disabilities up to Civil and Criminal Liabilities

1. Does the Sandiganbayan have jurisdiction over a private individual who is charged with malversation of public funds as a principal after the said individual had been designated by the Bureau of Internal Revenue as a custodian of distrained property? A. Yes, because the private individual is now a public officer after the proper designation by the BIR. B. Yes, because the private individual is accused as the principal in the commission of the crime of malversation of public funds. C. No, because the designation by the BIR as a custodian of distrained property does not make the private individual a public officer in accordance with the law. D. No, because there is no occasion that a private individual be charged in the Sandiganbayan. 2. Can a private individual duly designated by the Bureau of Internal Revenue become a public officer and therefore be subject to the graft court’s jurisdiction as a consequence? A. Yes, because the National Internal Revenue Code (NIRC) specifically provides so. B. No, because the BIR’s power authorizing a private individual to act as a depositary cannot be stretched to include the power to appoint him as a public officer. C. Yes, because the Article 217 of the Revised Penal Code of the Philippines (RPC) provided for those public officer who can be charged of malversation of public funds. D. No, because a private individual will never cease to be one and be converted to a public officer. 3.

In the crime of technical malversation, the following are essential requisites, except: a. The offender is an able public officer; b. He applies public funds or property under his istration to some public use; c. The use for which the public funds or property were applied is different from the purpose for which they are originally appropriated by law or ordinance; d. Because of said act, it caused damaged to the Government. e. None of the above

4. According to the Local Government Code (Section 63, Chapter IV of the LGC) in all cases, preventive suspension shall not extend beyond how many days after the start of said suspension? a. b. c. d.

30 days 60 days 90 days None of the above

5. Preventive suspension may be imposed at anytime after the issues had been ed and any of the following grounds were shown to exist, except: a. When there is reasonable ground to believe that the respondent has committed the act or acts complained of, b. When the evidence of culpability is strong; c. When the gravity of the offense so warrants;

d. When the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence. e. None of the above

9. Judicial Review 1. What remedy may be availed of by an aggrieved party against the non-performance of duty by the public officer, if his duty is ministerial? a. b. c. d.

Petition for Certiorari Petition for Review Petition for Mandamus Ordinary Court Action

2. What remedy may be availed of by an aggrieved party against the non-performance of duty by the public officer if his duty is discretionary? a. b. c. d.

Petition for Certiorari Petition for Review Petition for Mandamus Ordinary Court Action

3. It is a statute which is permissive or discretionary in nature and merely outlines the act to be done in such a way that no injury can result from ignoring it or that its purpose can be accomplished in a manner other than that prescribed and substantially the same result obtained. a. b. c. d.

Ministerial Statute Directory Statute Mandatory Statute Discretionary Statute

4. An officer sued in his private or personal capacity for acts done beyond the scope of his authority or for unlawful or tortuous acts while discharging official function cannot invoke: a. b. c. d.

The Doctrine of State Immunity The Presumption of Regularity The Doctrine of Primary Jurisdiction The Doctrine of Separation of Powers

5. Settled is the rule that jurisdiction to hear and decide cases, which involves the exercise of adjudicatory power is conferred only by: a. b. c. d.

Rules of Court Implementing Rules and Regulations Constitution istrative Orders

10. 1.

istrative rule and regulation, as distinguished from istrative interpretation… a. Is at best merely advisory. b. Merely interprets a pre-existing law. c. Is a new law, with the force and effect of a valid law. d. Is when an istrative body renders and opinion or gives a statement of policy.

2.

There are 3 types of executive interpretations of the law. Which is not included? a. Construction by an executive or istrative officer directly called to implement the law. b. Construction by a Supreme Court justice on the constitutional validity of a statute. c. Construction by the Secretary of Justice in his capacity as the chief legal adviser of the government. d. Construction by an executive officer exercising quasi-judicial power in an adversary proceeding.

3.

This is the most common act of legislative approval of a contemporaneous construction of a statute. a. Reenactment b. Amend prior statute without nullifying the previous contemporaneous construction c. Appropriating money for the officer designated to perform a task pursuant to an interpretation of a statute d. When its silence or failure to repudiate, is acquiescence equivalent to consent to continue the practice as expressed in the maxim ratihabito acquiratur mandate

4.

All these instances except one, allow for the court to disregard contemporaneous construction. a. Where there is no ambiguity in the law b. Where the construction is clearly erroneous c. Where strong reason to the contrary exists d. Where the court has not previously given the statute a different interpretation

5. As a rule, an erroneous contemporaneous construction creates no vested right on the part of those who relied upon such construction, except: a. There are no exceptions. b. This rule is absolute, because no vested right can arise from a wrong interpretation of the law. c. In tax cases, in the interest of justice and fair play. 11. TOPIC: Delegation of Legislative Power (p. 62-89) 1. The doctrine of separation of powers prohibits the delegation of that which is purely legislative in nature. This consists of the following, except: a. to determine the purpose or policy to be achieved by the law b. to fix the limits within which the law shall operate c. to add or modify the provisions of the law through implementing regulations d. to fix the limits within which the law shall operate e. none of the above 2. The completeness test to determine whether or not there is a valid delegation of legislative power includes the following, except: a. whether the provision is sufficiently definite and certain to enable one to know his rights and obligations b. whether it describes the nature of the power exercised and the right restricted by such power c. whether it prescribes who must do it d. none of the above 3. It is a fundamental rule that implementing rules cannot add to or detract from the provisions of the law it is designed to implement. Which of the following violates this rule?

a. The CSC issued a regulation prohibiting the employment in the civil service a person who is already 57 or more years of age, except with the prior consent of the Commission and the appointee possesses special qualifications. b. A social security commission resolution granting financial assistance to SSS employees who retire at 65 years old or who optionally retire. c. A Memorandum Circular issued by the Chairman of the National Telecommunications Commission declaring NTC a single entity or non-collegial body. d. All of the above e. None of the above 4.

In order to be valid, the istrative rules and regulations must be, except: a. reasonable and partially related to carrying into effect the general provisions of the law b. conform to the standards that the law prescribes c. germane to the objects and purposes of the law d. none of the above

5.

Which of the following need not be published under the 1987 Revised istrative Code? a. istrative rules and regulations b. municipal ordinances c. charter of a city d. none of the above

12. 1.

Which of the following is NOT true with regard appointment and designation: a. Appointment is the selection by the proper authority of an individual who is to exercise the functions of a given office. b. Designation connotes the imposition of additional duties upon a person who is already in the public service by virtue of an earlier appointment or election. c. By its nature, designation is temporary while appointment is permanent. d. Designation refers to the assignment of a public officer to perform certain functions similar to that of his position to which he has been appointed.

2.

Which of the following appointments does not require the consent of the Commission on Appointments? a. Heads of the executive departments b. Officers of armed forces from the rank of colonel or naval captain c. Ambassadors, other public ministers and consuls d. Justices of the Supreme Court

3.

Which of the following is NOT TRUE with regard ad-interim appointments: a. An officer whose ad interim appointment has terminated by adjournment of Congress without the Commission on Appointment acting thereon can be given another ad interim appointment. b. By its nature, an ad interim appointment is temporary. c. To be valid, the ad interim appointment must be released to and accepted by the appointee qualified to the position. d. Ad interim appointments are those made by President of officials, whose confirmation by the Commission on Appointments is required, when Congress is not in session.

4.

The following are limitations on the President’s power to appoint, EXCEPT: a. Power of review of the Commission on Appointments b. Appointments extended by an acting President shall remain effective unless revoked by the elected President within 90 days from his assumption of office. c. The President can appoint any person officials and employees of the judiciary. d. Two months immediately before the next presidential elections and up to the end of his term, a President or acting president shall not make appointment except temporary ones.

5.

Which of the following is TRUE? a. An elective official may be appointed to another position without vacating his elective post provided the functions are not incompatible. b. An elective official may be appointed to another position, but he has to vacate his elective post. c. An appointive official may not be appointed or designated to another appointive position even if specific law allows such appointment. d. A resigned appointive official cannot run for an elective office because it can be considered politicking.

13. Quasi Judicial Functions up to Exhaustion of istrative Remedies and Primary Jurisdiction 1) What is the remedy of a person who has been excluded from the use and enjoyment of a right or office to which he has a legal right to the office, where there is no appeal or plain, speedy and adequate remedy in the ordinary course, commanding the board or person that unlawfully excluded him to reinstate him to such office or enjoyment of such right. a) Action for quo warranto b) Petition for mandamus c) Writ of preliminary injunction d) Petition for review on Certiorari under Rule 45 2)

The following are requisites for mandamus to issue except: a) The applicant must have a clear and legal right to the thing demanded. b) The corresponding duty of respondent to perform the required act must be clear and specific. c) The respondent must have the power to perform the act concerning which the application for. d) There must be a reasonable delay in the performance of the duty, notwithstanding demand to perform it

3)

The following are the reason for exhausting istrative remedies except: a) To enable the istrative superior to correct the error committed by their subordinates b) Court should not be saddled with the review of istrative cases c) Judicial review of istrative cases is usually effected through civil actions which are available only if there is no plain, speedy and adequate remedy d) To avail of istrative remedy entails a lesser expense and provides speedy disposition of the controversies

4) Where the statute is silent, the ordinary civil action can not be availed of , however the following remedies can be availed of except: a) Petition for writ of certiorari b) Petition for mandamus under Rule 65 c) Writ for preliminary injunction d) Petition for prohibition 5) This doctrine provides no resort to courts will be allowed unless istrative action has been completed and there is nothing left to be done in the istrative structure? a) Doctrine of Ripeness for Review b) Doctrine of Finality of istrative Action

c) d)

Doctrine of Exhaustion of istrative Remedies Doctrine of Primary Jurisdiction

14.: 1.

Which of the statements is incorrect? a. Congress has the power to prescribe qualifications for appointive or elective positions and define who are disqualified therefrom. b. Qualifications for public office are mandatory. c. Subsequent acquisition of the qualifications by the officer will validate the void appointment. d. Qualifications for public office are continuing requirements, therefore, must be possessed throughout the officer’s entire term.

2.

Its traditional meaning refers to expenses incurred by the public official in the performance of his duties. a. b. c. d.

salary per diem honorarium bonus

3. For the injury and the resulting disability or death to be compensable, the injury must be the result of an employment accident satisfying all of the following conditions, except: a. b. c. d. 4.

The employee must have sustained the injury during his working hour. The employee must have been injured at the place where his work requires him to be. The employee must have been performing his official functions. When injury, sickness, disability or death was occasioned by employee’s intoxication or negligence.

Which of the statements is correct? a. Where an officer files an application for optional retirement, he cannot unilaterally withdraw it. b. To avail of the old-age pension benefit, a member of the GSIS must reach the age of 65 years with at least 20 years of service. c. If the application for optional retirement is denied, the official is not entitled to reinstatement with back wages. d. Upon completion of thirty years of total service and attainment of fifty five years, a member of the GSIS may be allowed to retire.

5.

The Constitution provides for legislative privileges. Which is not correct? a. The crime against which a member of Congress has been charged is one which carries a penalty of not more than six years imprisonment. b. If the Congress is in recess, he can still be arrested for a crime involving a penalty of less than six years. c. Immunity from civil and criminal action for speech or debate is given. d. A member of Congress cannot deliver a speech in the discharge of his legislative function, slandering and destroying others with impunity or baselessly defaming a private citizen.

15. MCQ FOR JUDICIAL REVIEW 1.

Which of the following is subject to judicial review in an appropriate case? a. Only non-judicial actions b. Only quasi-judicial actions c. Both non-judicial actions and quasi-judicial actions d. None of the above

2.

In reviewing istrative decisions, the findings of fact made therein is conclusive. And that is absolute. a. Absolutely true b. Absolutely false c. Partially true d. Partially false

3.

Which of the following is not an exception to substantial evidence rule? a. When the finding are grounded entirely on speculations, surmises and conjectures. b. When the judgement of the istrative agency is premised on a misapprehension of facts. c. When the findings are themselves conflicting. d. When there is no grave abuse of discretion in the appreciation of facts.

4. Another mode of seeking judicial review of orders, rulings and decisions of quasi-judicial agencies is by certiorari, prohibition and mandamus under a. b. c. d.

Rule 65 Rule 43 Rule 45 Rule 60

5, How many days should an ordinary appeal under Rule 43 be taken? a. 20 days b. 15 days c. 30 days d. 10 days Group II – Eligibility of public officers up to compensation (MCQ)

1. The following are the prohibitions imposed under the 1987 Constitution against holding of 2 or more positions, except: a. A member of the Congress shall not appear as counsel before any court, electoral tribunal or juasi-judicial and other istrative body. b. A of the constitutional commission shall not be financially interested, in any contract with, or in any franchise or privilege granted by the Government c. of the cabinet cannot directly practice any profession even if the law or constitution allows d. All of the above 2. What is the rule against the appointment of of the official family of the President? a. The spouses and relatives by consanguinity or affinity within the 4th civil degree of the President shall not be appointed as of the Constitutional Commissions, Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries during his tenure. b. The spouses and relatives by consanguinity or affinity within the 5th civil degree of the President shall not be appointed as of the Constitutional Commissions, Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries during his tenure.

c. The spouses and relatives by consanguinity or affinity within the 3th civil degree of the President shall not be appointed as of the Constitutional Commissions, Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries during his tenure. d. The spouses and relatives by consanguinity or affinity within the 6th civil degree of the President shall not be appointed as of the Constitutional Commissions, Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries during his tenure. 3. a. b. c. d.

The following are the kind of gifts or grants may public officers accept from foreign governments, except: Gifts of nominal value received a s souvenir or mark of courtesy; Scholarship or fellowship grant or medical treatment; Travel grants or expenses for travel outside the Philippines None of the above

4. Is a lawyer member who is also a member of the Legislature absolutely prohibited from engaging the private practice of law? A. No. He is only prohibited from “appearing” as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other istrative bodies. b. Yes. A lawyer member is strictly prohibited from engaging in the private practice of law. c. No. He may practice as long as he likes d. Yes provided it is with written consent by the head of the office 5. What powers may be exercised by public officers? a. Expressly conferred upon him by the Act appointing him; b. Expressly annexed to the office by law; c. Attached to the office by common law as incidents to it. d. All of the above

1. It is a principle which holds that a person who, by the proper authority, is itted and sworn into office is deemed to be rightfully in such office until by judicial declaration in a proper proceeding he is ousted therefrom or his ission thereto is declared void. a. Security of Tenure b. De facto Doctrine c. Assumption of Public Office d. Public Office is a Public Trust 2. Which of the following refers to a de facto officer? a. A person whose duties are exercised under color of known and valid appointment or election but has failed to conform to some precedent requirement or condition. b. A person who takes possession of an office and undertakes to act officially without any authority, either actual or apparent, or without any color of right. c. A person who is in all respects legally appointed or elected and qualified to exercise the office. d. A person who holds a public office by virtue of total compliance with all the requisites of law. 3. An elective official occupied a position on the strength of an order granting execution pending appeal in an election case. What kind of officer is he? a. De facto b. De jure c. Usurper d. Intruder

4. a. b. c. d.

In what proceeding can the title of a de facto officer be properly assailed? Mandamus Injunction Prohibition Quo Warranto

5. Which of the following does not pertain to the validity of the acts of a de facto officer? a. Acts of de facto officers are valid insofar as third parties are concerned. b. An officer seeking to justify his act or defending his right as a public officer must allege and prove that he is a de jure officer, for the acts of de facto officer as far as he himself is concerned are void. c. Acts of de facto officer are valid as to the public until his title to office is adjudged insufficient. d. The validity of the acts of de facto officer can be collaterally questioned in any proceedings even if he is not a party thereto or which were not instituted to determine the very question. MCQ’S 1. a. b. c. d.

QUESTIONS The security of tenure is being characterized through : Nature of one’s duties and functions or nature of the appointment Nature of one’s duties and functions and nature of the appointment Nature of one’s duties and functions Nature of the appointment

2. This provision provides a ground for dismissal or removal of a public official who is found liable for the accumulation of unexplained wealth. a. Section 8 of RA 3019 b. Section 13 of RA 3019 c. Section 6 of RA 3019 d. Section 5 of RA 3019 3. The following are elements of malversation of public funds under Art. 217 of RPC except: a. The offender is a public officer b. He has the custody or control of funds or property c. The funds or property involved are public funds or property for which he is able d. He has appropriated, taken or misappropriated, or has consented to, or through abandonment or negligence permitted, the taking by another person of, such funds or property. 4. a. b. c. d.

How many votes needed to affirm a favorable resolution with the Articles of Impeachment? Atleast two-third votes of all the of the House Atleast two-third votes of all the of the House and one-third vote of all the of the Senate Atleast one-third vote of all the of the House Atleast one-third vote of all the of the House and two-third votes of all the of the Senate

5. a. b. c. d.

What is the penalty of a judge who knowingly renders an unjust interlocutory order or decree? Arresto mayor in its minimum period and temporary special disqualification Arresto mayor in its medium period and suspension Arresto mayor in its medium period and temporary special disqualification Arresto mayor in its minimum period and suspension

Multiple choice Questions 1. the following are governed by the Civil Service Commission except: a. those appointments that are requires merit and fitness b. employment of GOCC officials which has its original charter c. employment of GOCC officials which is chartered under corporation code d. career executive officials. 2. The following are requisites of a valid appointment: a. appointing officer is vested with a power to appoint. b. appointee possess the qualification with Civil Service c. he has non of the disqualifications. d. approved by CSC e. appointee accepts the position and takes oath f. all of the above g. none of the above 3. who has the discretion to appoint an official a. executive department b. CSC c. appointing authority d. all of the above 4. the following are cause for the opposition of appointment except: a. appointee is not qualified b. the appointee is not the next in rank c. the fact that the protestant is more qualified than the protestee in of education d. none of the above 5. the characteristics of a career service are the following except: a. based on merit and fitness b. opportunity of advancement to a higher career position c. has an opportunity to be heard d. has a security of tenure

MCQ: 1. It is a proceeding which seeks the imposition of disciplinary sanction against, or the dismissal or suspension of, a public officer or employee on any of the grounds prescribed by law after due hearing. a. preventive suspension b. disciplinary action c. dismissal d. censure 2. The following are prohibitions under RA 6713 or Code of Conduct and Ethical Standards for Public Officials and Employees except: a. Owning, controlling, managing or accepting employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office. b. Engaging in the private practice of their profession

c. Recommending any person to any position in any private enterprise which has a regular or pending official transaction with their office. d. Directly having any financial or material interest in any transaction requiring the approval of their office Correct ans:(directly or indirectly having material or financial interest) 3. What are the liabilities of ministerial officers a. Neglect to perform an act which is the officer's legal right to perform. (Neglect to perform an act which is the officer's legal obligation to perform) b. The failure to observe the proper degree of care, skill, and diligence required in the performance of a work (The failure to observe the proper degree of care, skill, and diligence required in the performance of official duty) c. Performance of an act which the officer had no legal right to perform. d. All of the above 4. A “partisan political activity” is: a. an act designed to promote the election or defeat of a particular candidate/s to a public office. b. It is also known as “electioneering”. c. Officers or employees in the Civil Service including of the Armed Forces can engage in such activity but cannot vote Correct ans: (cannot engage in such activity but an vote) d. They shall not use their official authority or influence to coerce the political activity of any person 5. What is the concept of security of tenure? a. no officer or employee in the civil service shall be suspended or dismissed except for a cause provided by law and after due process b. Once an appointment is issued and completed and the appointee assumes the position, he acquires an equitable right, not merely legal right to the position. Correct ans: (he acquires legal right, not merely equitable right) c. Regardless of the characterization of the position held by a government employee covered by civil service rules, be it career or non career position, such employee may not be removed without just cause d. Acceptance of a temporary appointment or assignment without reservation or upon one’s own volition is deemed waiver of security of tenure Group VI – Judicial Review and Modes of Quasi Judicial Review MCQ (bold – answer) Recall 1. Supreme Court may review the findings of fact of the Court of Appeals and other lower courts on the following ground: a. When the conclusion is a finding grounded entirely on speculation, surmises and conjectures b. Where there is a grave abuse of discretion c. When the findings of fact are conclusions without citation of specific evidence on which they are based d. When the conclusion is contrary to the Supreme Court’s discretion 2. Mandamus lies under any of the following: a. against any tribunal which unlawfully neglects the performance of an act which the law specificall ens as a duty b. against any private individual where there is no other plain, speedy and adequate remedy in the ordinary course of law c. in case any corporation, board or person unlawfully neglects the performance of an act which the law ens as a duty resulting from an office, trust or station d. in case any tribunal, corporation, board or person unlawfully excludes another from the use and enjoyment of a right or office to which the other is legally entitled

Application 3. The Construction Industry Arbitration Commission, which has jurisdiction over disputes arising from, or connected with, contracts entered into by parties involved in construction in the Philippines, is a quasi-judicial body; hence, its decision or arbitral award is appealable by way of petition for review under Rule 43 of the Rules of Court to which court: a. Court of Appeals b. Supreme Court c. Regional Trial Court d. Office of the Building Official 4. Where the Ombudsman has delayed for six years the resolution of a criminal complaint against a public officer who, as a result, failed to get his retirement benefits upon reaching retirement age as he could not secure a clearance from the Office of the Ombudsman, in violation of the aggrieved party’s right to due process and to a speedy disposition of the case against him: a. Mandamus lies to compel the Ombudsman to dismiss the case and to issue a clearance in his favor b. Certiorari lies to compel the Ombudsman to dismiss the case and to issue a clearance in his favor c. Prohibition lies to compel the Ombudsman to dismiss the case and to issue a clearance in his favor d. Appeal lies to compel the Ombudsman to dismiss the case and to issue a clearance in his favor Case Questions 5. In the case of Codilla v. Martinez, the designation of councilor Martinez as Acting Mayor was irregular because the appointment was not made by the provincial governor with the consent of the provincial board, however, the court held that although his designation is irregular, still he was acting under a color of authority. Acting Mayor Martinez, in this case, was held to be an: a. Intruder b. Officer de jure c. Officer de facto d. Usurper 6. to be: a. b. c. d.

Petitioners, in the case of Codilla v. Martinez, were not civil service elgibiles, thus their appointment were held Permanent Temporary Conditional Ad interim

MCQ’s for istrative law.. 1. In the case of Pleclaro v. Sandiganbayan , a private person hired by an agency of the government on contractual basis for a particular project and for a specified period is a public officer categorized as: a. Career service b. Non-career service c. Open career position d. Closed positon 2. In the case of Pleclaro v. Sandiganbayan, the particular law that defines a public officer as an elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exemption service receiving compensation, even nominal, from the government is: a. Sec. 2(b) of the Anti-Graft & Corrupt Practices Act (R.A. No. 3019 as amended) b. Sec. 2 of istrative Code of 1987 c. Sec. 222 of the Revised Penal Code d. Sec. 3 of Rep. Act. No. 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials 3. The following are the elements of a de facto office, except for one:

a. b. c. d.

Valid and legitimate office There must be an office Actual possession of said office Color of title to the office

4. The following are considered a de facto officer, except: a. A public official or employee who assumed office under an incomplete appointment. b. An officer or employee who derives his appointment from one having colorable authority to appoint. c. A de facto officer is one who is in possession of an office in the open exercise of its functions under color of an election or an appointment, even though such election or appointment may be irregular. d. A public official or employee who has the right or title without the possession of the office. 5. The career service is characterized by: a. Opportunity for advancement to higher career positions b. Security of tenure c. Entrance based on merit and fitness, to be determined as far as practicable by competitive examination d. The tenure is limited to the duration of a particular project for which purposes employment was made. Multiple Choice Questions Prepared by: Jennelyn D. Bilocura

1. a. b. c. d.

It is considered as the most important characteristic in determining whether a position is a public office or not. Permanency and continuity of a public office Delegation of some of the sovereign functions of government Independent performance of powers conferred by the legislative authority Compensation during tenure of office

2. Article XI, section 1 of the 1987 Philippine Constitution provides: “Public office is a _________. ________________ must, at all times, be able to the people, serve them with utmost _____________, integrity, loyalty, and efficiency; act with ______________, and lead ___________.” a. public trust, public officers and employees, responsibility, patriotism and justice, modest lives b. public trust, public officers or employees, responsibility, patriotism and nationalism, modest lives c. private trust, public officers and employees, transparency, patriotism and justice, modest lives d. private trust, public officers or employees, responsibility, patriotism and nationalism, modest lives 3. Which of the following is not an element of a public office? a. created by the constitution, legislature or body through authority conferred by legislature b. powers conferred and duties discharged must be defined, directly or impliedly by the legislature or through legislative authority c. duties must be performed independently and without control of a superior power other than the law d. compensation as base pay of the position or rank or remuneration for services rendered 4. The Board of Canvassers discharges tasks during elections. It prepares a certificate of canvass duly signed and affixed with the imprint of the thumb of the right hand of each , ed by a statement of votes received by each candidate in each polling place and on the basis thereof, shall proclaim as elected the candidates who obtained the highest number of votes cast in the province, city, municipality or barangay. Can it be considered public office? a. No, because its duties are only for a limited period of time and so fails to comply with the permanency and continuity element of a public office. b. No, because it discharges tasks not for the benefit of the public but for the benefit of the political candidates. c. Yes, because the element of continuance cannot be considered as indispensable for there are public offices which functions are necessary only during certain occasions like elections. d. Yes, because the officers therein receive compensation which is the most important characteristic in determining whether a position is a public office or not.

5. Which of the following refers to the two concepts of public office? a. personal to the public officer holding the position; and property that is transmissible to officer’s heirs b. functional, for being within the framework of government organization; and position, for being held or occupied by individual persons whose functions are defined by law or regulation c. public trust, for being a fiduciary relationship between a public officer and the general public; and vested right, for the officers have absolute right to hold it d. public, for public officers are agents of the people; and private, for public officers’ constitutional rights as private citizens are superior to their office’s mandate Norberto B Robel Jr. istrative Law

I.

MCQ

1. a. b. c. d.

Public offices are creations of the following except: Constitution Law Legislature Civil Service Commission

2. a. b. c. d.

The power to prescribe the qualifications for a public office is imbued to: President Constitutional Commission Congress Qualifications board and Committee

3. a. b. c. d.

Position which require scientific or highly technical expertise is? Open Career positions Closed Career positions Position in the Career Executive Service Non-Career Service

Suggested answer: b

4. a. b. c. d.

An example of a public office created by authority of law is ? Office created as a result of a reorganization of an executive department by the President. Appointment by the president of an Associate Justice of the the Supreme Court. Appointment by the President of an Ombudsman Appointment of a revenue officer.

5. a. b. c. d.

The following are public officers, with the exception of one because it is considered as a public employee: Auditor in the Commission in Audit ing officer in the Philippine Post office Revenue officer in the Bureau of Internal Revenue. Private person constituted by the court as custodian of property attached to secure a debt in a civil proceeding.

II. Case digest Lapinid vs. Civil Service Commission 197 scra 106 Petitioner Renato M. Lapinid was appointed by the Philippine Ports Authority as a Terminal Supervisor at the Manila International Container Terminal on October 1. 1988. This appointment was protested on December 15, 1988, by private respondent Juanito Junsay. He contended that he should be designated Terminal Supervisor in view of his preferential right thereto. Junsay went to the Civil Service Commission that directed the Appellants Juanito Junsay and Benjamin Villegas be appointed as Terminal Supervisor considering that the protestant have an edge over that of Lapinid and Dulfo. Lapinig filed a petition for review on the resolution made by the Civil Service Commission. Issue: Is the Civil Service Commission authorized to disapprove a permanent appointment on the ground that another person is better qualified than the appointee and on the basis of this finding order his replacement? Held: The Civil Service Commission cannot disallow an appointment because it believes another person is better qualified and much less can it direct the appointment of it’s choice. Appointment is an essentially discretionary power and must be performed by the appointing authority. The Civil service Commission only affirms that the appointee has satisfied the qualifications required by law.

MCQ’ in re to the case digest.

1. a. b. c. d.

Does the Civil Service Commission possess a power to appoint? Absolutely not Yes it has the power to appoint Yes limited only to its personnel All of the above.

Suggested answer: c

2. Is the appointment to Lapinid as a Technical Supervisor, who barely ed the evaluation valid considering that there are other candidates who has an edge or who is better qualified than him? a. No, because the best candidate should be selected as Terminal Supervisor. One should posses the expertise and experience to perform it’s complex duties and responsibilities. b. No, because a valid appointment requires approval from the Civil Service Commission c. Yes provided the qualifications required by law is satisfied. d. Yes provided that he has the knowledge, experience and expertise to perform the duties of a Terminal Supervisor.

Suggested answer: c Jhona Grace R. Alo LLB – 2 JUDICIAL REVIEW AND MODES OF QUASI JUDICIAL REVIEW

1. The Courts may determine the legality or propriety of the exercise of discretion by the political departments of the government, through Judicial Review. How does this exercised by the court? a. upon its own discretion b. upon an appropriate case instituted by a party aggrieved c. either a or b d. both a and b 2. Which of the following statements is INCORRECT? a. The mere silence of the law does not necessarily imply that judicial review is unavailable. b. Where the law stands mute, the ordinary civil action may still be availed of. c. Modes of judicial review vary according to the statutes and the nature of the agency action sought to be reviewed. d. Judicial review is part of the system of checks and balances which is a limitation on the separation powers of the three branches of the government. 3. What is the usual remedy against a purely istrative act of an istrative agency or against a rule or regulation issued in the exercise of its rule-making power as differentiated from the ruling or decision promulgated in the exercise of its quasi-judicial or adjudicatory power? a. Petition for review under Rule 43 of the Rules of Court b. Petition for certiorari under Rule 65 of the Rules of Court c. Ordinary action for injunction d. Prohibition 4. What is NOT included in the distinctions between Petition for Review and Petition for Certiorari under Rule 65? a. Petition for Review is an ordinary appeal while Petition for Certiorari under Rule 65 is a special civil action. b. Petition for Review is filed within 15 days from receipt of said decision or resolution denying a motion for reconsideration while Petition for Certiorari under Rule 65 is filed within 60 days from receipt of the questioned judgment. c. Questions of fact, of law, or mixed questions of fact and law may be raised in Petition for Certiorari under Rule 65 while only questions of law may be raised in Petition for Review. d. Non-forum shopping certification is required in both modes. 5. The requisites of Certiorari are the following, except: a. It is directed against a tribunal/board/officer exercising judicial/quasi-judicial or non-judicial/non quasijudicial functions. b. The tribunal/board/officer has acted without or in excess of jurisdiction or with grave abuse of discretion c. There is no appeal or any plain, speedy and adequate remedy in the ordinary course of law d. The lower court has jurisdiction over the subject matter, orders or decisions with exceptions