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Administrative Law Final Exam

The document outlines the structure of a final examination for a course in Administrative Law, including sections on proper or improper actions, multiple-choice questions, and essay prompts. It covers various legal concepts such as due process, exhaustion of administrative remedies, and judicial review. The exam assesses students' understanding of administrative law principles and their application in specific scenarios.

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Mariel Monton
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42 views3 pages

Administrative Law Final Exam

The document outlines the structure of a final examination for a course in Administrative Law, including sections on proper or improper actions, multiple-choice questions, and essay prompts. It covers various legal concepts such as due process, exhaustion of administrative remedies, and judicial review. The exam assesses students' understanding of administrative law principles and their application in specific scenarios.

Uploaded by

Mariel Monton
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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FINAL EXAMINATIONS

Pa 110 - Administrative Law

I. Read each question carefully and write in your answer sheet. No erasures.

I – PROPER OR IMPROPER (2 points each)

1. While a case is pending before the Energy Regulatory Commission (ERC), an


aggrieved party felt that the ERC is biased and was not giving the party the
opportunity to be heard. Instead of waiting for the resolution of the case, the affected
party lodged a case in court.
2. Under the 1991 Local Government Code, a taxpayer must question a tax ordinance
before the Department of Justice (DOJ). Instead of elevating the matter to the DOJ, a
taxpayer filed a case in court on the ground of due process.
3. A foundling who filed her Certificate of Candidacy for the position of President was
disqualified by the Comelec 1 st Division. She elevated the matter directly with the
Supreme Court. She did not file an MR before the Comelec En Banc.
4. A student seeks the release of his transcript but was denied by the college. Rather
than elevating the matter to the Commission on Higher Education, he went to court.
5. A party, instead of elevating a decision made by the Deputy Ombudsman on behalf
of Ombudsman to the latter, filed a case before the Court of Appeals.
6. For non-payment by a city, the contractor who constructed the port filed a collection
case before the courts, rather than the Commission on Audit which has jurisdiction
over money claims against local governments.
7. A taxpayer assailed before the SC the efficiency of the mass testing protocol issued
by the IATF.
8. An AA in charge of preserving a lake ordered the payment of a fine which is
permitted under its Charter. Instead of assailing the order with the DENR, the party
elevated the matter in court.

II – MULTIPLE CHOICES (2 points each)

1. What is the definition of due process?


A. The process where governmental bodies can deprive a person of their
constitutional rights.
B. Governmental bodies cannot make laws which deprives a person of
their constitutional rights.
C. The relationship between church and state.
D. The process where laws must leave open alternative channels of
communication.

2. Administrative law forms part:


A. International Law
B. Common Law
C. Public Law
D. Private Law

3. Exhaustion of Administrative Remedy is:

4. before a party may seek


the intervention of the court,
he should first avail of
5. all the means afforded him
by administrative processes.
1
A. Before a party may seek administrative remedy, he shall first avail all the
means afforded him by the court.
B. Before a party may seek judicial remedy, he shall first avail all the
means afforded him by the administrative agencies.
C. For administrative complaint, the complainant may choose any forum where
he can file his complaint.
D. For judicial remedy, the complainant need not resort to administrative remedy.

4. Statement 1: Doctrine of exhaustion administrative remedy is based on sound


policy and practical considerations, is not an inflexible rule.
Statement 2: Doctrine of exhaustion administrative remedy may be inflexible in
cases of estoppel on the party invoking the doctrine.
A. Only statement 1 is true
B. Only statement 2 is true
C. Both statements are true
D. Both statements are false
5. The following are the cardinal rules of due process, except:
A. Right to hearing
B. Evident may be dispensed with
C. Evidence must be substantial
D. Independent consideration of the judge or the head of administrative agency

6. Notice and hearing is required in the following instances, except:


A. When the law specifically requires the conduct of hearing
B. When the absence of notice and hearing may affect a person’s status
C. When notice is expressly mandated by the law
D. When the exercise of police power is required

7. Statement 1: Administrative agencies may only exercise such powers as are


explicitly or by necessary implication conferred on them by law.
Statement 2: Even without jurisdiction, the decision rendered by the tribunal is
valid.
A. Only statement 1 is true
B. Only statement 2 is true
C. Both statements are true
D. Both statements are false

8. Statement 1: Jurisdiction is an effective mechanism to check acts which are


arbitrary or beyond the authority given to any agency by its enabling statute.
Statement 2: Judicial review refers to the enabling statute creating the agency
especially the powers and jurisdictions, as jurisdiction is created and conferred by
law.
A. Only statement 1 is true
B. Only statement 2 is true
C. Both statements are true
D. Both statements are false

9. The quantum of evidence required in quasi-judicial proceeding is:


A. Proof beyond reasonable doubt
B. Preponderance of evidence
C. Substantial Evidence
D. Probable cause

10. Statement 1: The Court is the final interpreter of law.


Statement 2: Administrative decision may be appealed in court.
A. Only statement 1 is true
B. Only statement 2 is true
C. Both statements are true
D. Both statements are false

III – ESSAY
1. What is judicial review? (3points)
2. Compare and contrast question of law and question of fact? (6points)
3. Briefly explain the concept of notice and hearing. (3points)

2
Bonus Question: What is the complete name of your Professor?

- Nothing Follows -

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