Part I. Write your answer – either True or False – on your bluebook.
________ TRUE1. To justify the validity of the grant of emergency powers to the President,
any such grant must be for a limited period, and despite the requirement that the law must be
complete in itself, the period need not be expressly provided in the statute, but may be inferred
from its provisions and the events surrounding its enactment.
________ TRUE2. As the immediate alter ego of the President, the Executive Secretary has the
power to reorganize the offices and agencies in the executive department consistent with his
constitutionally delegated power of control and by virtue of a valid delegation of the legislative
power to reorganize executive offices under existing statutes.
_______FALSE 3. The COMELEC, in the exercise of its quasi-judicial authority, has no legal
obligation to cancel motu proprio the Certificate of Candidacy of a candidate who has been
perpetually disqualified to run for public office without filing an action under the provisions of
the Omnibus Election Code and consistent with the requirements of due process.
________FALSE 4. The determination of whether or not due diligence and prudence were
exercised, and the ascertainment of good faith or the lack of it, by the proponents and
implementors of the Priority Development Assistance Fund (PDAF) and the Disbursement
Acceleration Program (DAP) are legal issues that are properly within the authority of the
Court.
The ascertainment of good faith, or the lack of it, and the determination of whether or not due
diligence and prudence were exercised [ by the proponents and implementors of the
Disbursement Acceleration Program (DAP)] are questions of fact (Araullo vs. Aquino,
02/03/2015) NOTE: SC only entertains matters which are QUESTIONS OF LAW and not
of fact.
________ FALSE 5. In the exercise of his authority under existing law, particularly to prevent
individuals under investigation from fleeing the country, the Secretary of Justice may
promulgate implementing rules and regulations for the issuance of hold departure orders and
watch list orders.
in Genuino v. De Lima, docketed as G.R. No. 197930, promulgated on 17 April 2018, the
Supreme Court struck down DOJ Circular No. 41 as unconstitutional as it violates one’s
constitutional right to travel, and that there is no law which authorizes the Secretary of
Justice to issue HDOs, WLOs, or allow departure orders (ADO).
In said ruling, the Supreme Court further emphasized that the power to issue HDO is
“inherent to the courts”, and it “does not require legislative conferment or constitutional
recognition”; it co-exists with the grant of judicial power.”
DOJ Circular #41 (w/c prevents people under inves. from leaving the country thru issuance
of WLOs & HDOs) is unconstitutional for violating right to travel. There is no law
granting DOJ Sec the power to issue HDOs & WLOs . By itself, DOJ can’t make rules,
its authority is confined to execution of laws. Without clear mandate of an existing law,
Circular 41 is ultra vires (Genuino vs. Sec. De Lima, 4/17/2018).
________TRUE 6. All actions filed in the name of the Republic of the Philippines, including
actions filed in the name of agencies or instrumentalities of the Republic must be initiated by
Office of the Solicitor General or upon the latter’s authority, by the in-house counsel of the
government agency, otherwise these will be summarily dismissed.
________ FALSE 7. The doctrine of qualified political agency does not apply to the
National Commission on Indigenous People and the Office of the Ombudsman, but
applies to the Bureau of Corrections (exclusive exercise by the President) and the
Pollution Adjudication Board.
________FALSE8. As part of the Constitutional Fiscal Autonomy Group (CFAG), the
National Commission on Human Rights (CHR), just like the COA, COMELEC, CSC and
Ombudsman, has the right to have its appropriations automatically and regularly released.
________FALSE9. The President can grant reprieves, commutations and pardons, and remit
fines and forfeitures in criminal cases, except impeachment cases, but he cannot condone
liability arising from administrative offenses. With much more.
_______FALSE 10. A logical consequence of a finding of guilt in the criminal case, which
demands proof of guilt beyond reasonable doubt, is that the requirement of substantial
evidence is more than satisfied in the administrative case, the same facts and circumstances
being attendant in both proceedings.
_______TRUE 11. A review by the court of an administrative finding is limited to the
evidence presented and excludes the presentation of evidence aliunde, despite the claim by the
petitioner that reinvestigation of the grantee’s financial capability and track record is essential
to the proper determination of the case.
_______ FALSE 12. The legislature cannot delegate its power to determine some fact or
state of things upon which the law makes, or intends to make, its own action depend
without violating the well enshrined doctrine of separation of powers. General policy is to
sustain the decision of administrative bodies on basis of separation of powers and their presumed knowledgeability and
expertise.
_______FALSE13. There is denial of procedural due process where the National
Telecommunications Commission (NTC) issues an order granting the motion of an applicant
for the revival of its archived application and the oppositor is not given the opportunity to
question said motion for revival.
_______TRUE 14. Administrative agencies may enforce subpoenas issued in the course of
investigations, whether or not adjudication or fact finding is involved, and whether or not
probable cause is shown and even before the issuance of a complaint.
_______TRUE 15. Where the GOCC is represented in the trial court by the Office of the
Government Corporate Counsel (OGCC) in collaboration with its in-house Legal Services
Division ((LSD), the service of a copy of the decision on the LSD is notice to the OGCC and
such notice starts the period for appeal although the OGCC has not received a copy of the
decision.
_______TRUE16. Under the Local Government Code (RA 7160), the failure of the parties
residing in the same municipality or city to refer their dispute to the Lupon ng Tagapamayapa
for amicable settlement is a fatal defect which would justify the dismissal by the court of the
complaint.
_______FALSE17. Like the review of administrative decision by superior administrative
authority, judicial review of said decisions is not a trial de novo because the reviewing tribunal
merely determines that the findings are not in violation of the Constitution or the laws.
______ TRUE 18. No other entity of government, not even a constitutional investigative
office, has competence to charge criminally a judge for rendering an erroneous judgment
unless there is such judicial pronouncement originating either from an action of certiorari or
prohibition in higher court. There should be prior determination by the court even if the case filed before the
Ombudsman is criminal in nature because there is a need for the SC to make a determination if indeed the
judgment or order issued by the judge is unjust. And now, how is there a determination whether the decision or
order of the judge is unjust? It is only through the filing of the administrative case before the court or on the basis of
a petition for certiorari or prohibition before the court. So there must be first a judicial declaration that the decision is
indeed unjust.
______FALSE 19. Even where under the rules of procedure of an administrative agency, the
aggrieved party is allowed to file a motion for reconsideration of any order, resolution or
decision thereof, such motion need not be filed first before the special civil action for certiorari
may be availed of.
_______TRUE 20. The exclusive jurisdiction in seizure and forfeiture cases involving
imported goods vested in the Collector of Customs precludes a regional trial court from
assuming cognizance over such a matter.
_______FALSE 21. The administrative tribunal is justified in dismissing outright an
anonymous complaint as it comes from an unknown author and it thus deprives the public
officer of his right to cross-examine the complainant.- It will not justify the outright dismissal of
this complaint where the allegations of this anonymous complaint can be verified and established by
competent evidence. Of course we have mentioned so many times that it triggers the fact finding
investigation if there is such evidence, if there are sufficient leads.
_______TRUE 22. Whatever may be the power of administrative officers to promulgate rules
and regulations, they can, on the basis of their delegated authority, impose penalties for their
violation.
_______ FALSE 23. Even if no personal or property rights are involved, but only a
“privilege,” notice or hearing is still essential to due process though the power exercised is
recognized as quasi-judicial or adjudicatory.
_______FALSE 24. The presidential power of supervision over local governments includes
not only the authority to ensure that rules are followed, but to lay down such rules and modify
or replace them.
_______25. If a party disagrees with the decision of the Office of the President, he should
elevate the matter by petition for review before the Court of Appeals for the latter’s exercise of
judicial review.
_______FALSE 26. The approval and/or clearance by the COA of a government agency’s
expenditures is a finding of its regularity and reasonableness and thus precludes the
Ombudsman from making a determination of the commission of a crime arising from the same
facts which were the subject of audit examination by the COA.
_______ FALSE 27. A final judgment in a previous administrative proceeding finding a
violation must first be obtained before recourse can be made to a criminal prosecution under
the provisions of PD 957 as amended by PD 1344 on breach of statutory and contractual
obligations of condominium and lot sellers. Nothing in PD 957 expressly requires prior administrative finding.
Where the law is silent, the fundamental rule that the administrative case is independent from criminal action fully applies
(Chua vs. Ang, 598 SCRA 232).
_______28. In addition to the power to enact legally binding regulations, administrative
agencies may issue interpretations, rulings or opinions upon the laws they administer, provided
there is statutory authorization to do so.
_______ FALSE 29. The competence of the Supreme Court to determine the manner of the
grant of privileges and benefits to court personnel and officials, including the valuation of
vehicles to be purchased, is without prejudice to the constitutional authority of the Commission
on Audit (COA) to settle the appraised value of such properties based on COA promulgated
rules. Fiscal autonomy
_______FALSE 30. The Ombudsman may not investigate a criminal or administrative
complaint before his office against a clerk of a trial court and must indorse it to the Supreme
Court for determination whether the clerk of court acted within the scope of his administrative
duties, but the Ombudsman can investigate cases of simple criminal offenses, such as
malicious mischief or physical injuries, which are outside the clerk’s official functions. Judge
_______FALSE 31. The remedy of an aggrieved party from resolutions of the Ombudsman
finding probable cause in criminal cases, when tainted with grave abuse of discretion, is to file
an original action for certiorari under Rule 65 with the Court of Appeals.
_______ FALSE 32. The rule that a department secretary who is a member of a governing
board of a GOCC cannot delegate his duties applies only to acts that would require the use of
personal judgment but it does not prevent them from utilizing the services of agents.
Wild guess: Delegata potestas non potest delegari is a principle
in constitutional and administrative law that means in Latin that "no delegated powers can be
further delegated." Alternatively, it can be stated delegatus non potest delegare ("one to whom
power is delegated cannot himself further delegate that power").
_______FALSE 33. Decisions of the Ombudsman in administrative cases may be appealed to
the Supreme Court by way of petition for review on certiorari under Rule 45 of the Rules of
Court conformably with Section 27 of the Ombudsman Act (RA 6770) which provides that the
orders, directives or decisions of the Ombudsman in all disciplinary cases may be appealed to
the Supreme Court in a petition for certiorari under said Rule.
________FALSE 34. Officers exercising the power of supervision cannot lay down the rules in
the doing of an act or decide to do it themselves, but they can prescribe the manner for the
doing of the act in order to conform to prescribed rules.
Jurisprudence provides that the power of supervision is the power of oversight, or the authority to
see that subordinate officers perform their duties. It ensures that the laws and the rules governing
the conduct of a government entity are observed and complied with. Supervising officials see to it
that rules are followed, but they themselves do not lay down such rules, nor do they have the
discretion to modify or replace them. If the rules are not observed, they may order the work done or
redone, but only to conform to such rules. They may not prescribe their own manner of
execution of the act. They have no discretion on this matter except to see to it that the
rules are followed. (Villanueva v. JBC, 2015)
________TRUE 35. It is the nature of the crime committed by the members of the Armed
Forces of the Philippines (AFP) that determines whether they are to be tried by the civil court
or by the court martial, i.e. those service-connected offenses as defined in the Articles of War
are triable by the court martial while common crimes are triable by the civil court.
General Rule: AFP members & other persons (ex. CAFGU) subject to military law, who commit crimes penalized
under RPC (like coup d’etat), other special penal laws, or local ordinances shall be tried by the proper civil court.
Exception: Where the civil court, before arraignment, has determined the offense to be service connected, then the
offending soldier shall be tried by a court martial.
Exception to the exception: Where the President, in the interest of justice, directs before arraignment that any such
crime shall be tried by the proper civil court.
________ FALSE 36. The death of the public officer does not precludes a finding of
administrative liability inasmuch as he could not anymore exercise his right to confront his
accuser which is essential
_______FALSE 37. Rules and regulations shall take effect on the sixteenth day following the
completion of their publication in the Official Gazette and newspaper of general circulation,
unless otherwise provided.
_______ FALSE 38. In the hierarchy of evidentiary values, proof beyond reasonable doubt is
at the highest level, followed by preponderance of evidence, clear and convincing evidence and
substantial evidence.
_______ FALSE 39. Where the law confers original jurisdiction over alienable and
disposable public lands to the DENR Secretary, the President cannot approve and order
the development of a housing project, together with the corresponding reclamation
project for implementation by the DENR, without the required authorization from the
DENR to reclaim public land. The ultimate power over alienable and disposable public lands is reposed in
the President and not the DENR Secretary. To still require DENR authorization on Smokey Mountain would be a
derogation of Pres.’s powers as head of Exec. Branch (Chavez vs. NHA, 530 SCRA 241).
_______ 40. Under the doctrine of qualified political agency, all executive and administrative
organizations including those constitutionally created to perform administrative functions, are
adjuncts of the Executive Department and the heads of the various executive departments are
assistants and agents of the Chief Executive.
_______ FALSE 41. The law precludes the Executive Secretary from conducting additional
hearings on appeal as his function is limited to determining whether there is evidence in the
administrative records substantial enough to support the subordinate officer’s findings therein.
_______ FALSE 42. The condonation of an administrative offense applies likewise to an
appointive public officer who gets elected to public office during the pendency of an
administrative case against him. Doctrine cannot benefit appointive officer seeking elective office
(Ombudsman vs. Torres, 566 SCRA 365).
_______ TRUE 43. Under the Civil Service Law, the Solicitor General can represent a public
official in all criminal, civil and special proceedings, when such proceedings arise from the
latter’s acts in his official capacity.
________FALSE 44. Jurisdiction acquired at the time of the filing of the administrative case is
lost if the respondent public official retires from office during the pendency of his case since
any sanction arising from the determination of administrative liability could no longer be
enforced.
_______ FALSE 45. A criminal charge for violation of the Securities Regulation Code
should be directly filed with the Department of Justice, and not with the Securities and
Exchange Commission, for the conduct of preliminary investigation. So whenever there is
violation, criminal in nature, of the provisions of SRC, you cannot immediately file the case before the
prosecutor’s office. Applying the doctrine of primary jurisdiction because this is a specialized issue/dispute
within the competence of the SEC.
________FALSE 46. Administrative tribunals should be freed from the compulsion of
technical procedures and rules of evidence such that the mere admission of a matter which
would be deemed incompetent in judicial proceeding would not invalidate the administrative
order.
________ FALSE 47. Every controversy involving a subdivision or condominium unit falls
under the competence of the Housing and Land Use Regulatory Board (HLURB). Thus, the
allegation of relationship between the parties, i.e. that of being subdivision developer and
subdivision lot buyer, automatically vests jurisdiction in the HLURB. Does not vest automatic
jurisdiction in HLURB. Decisive element is the nature of the action as enumerated in Sec. 1, PD 1344 (Cadimas
vs. Carrion, 567 SCRA 103).
________ TRUE 48. The only situation that a relaxation of the mandate for the automatic
release of funds may be allowed is where total revenue collections are insufficient to cover the
total appropriations for all entities vested with fiscal autonomy. Pag ADMIN autonomy
FALSE
________ FALSE 49. A respondent charged with a serious administrative offense is not
entitled to be informed of the Investigative Committee Report, containing the findings
and recommendations of the investigative committee tasked to inquire into the charge. He
is entitled only to the administrative decision and a reasonable opportunity to meet the
charges and the evidence presented during the hearing of the committee. Administrative
proceedings are not exempt from fundamental procedural principles, such as right to due process. Respondent must be
duly informed of charge vs. him & he cannot be convicted of a crime with w/c he was not charged (CSC vs. Lucas, 301
SCRA 560).
________ FALSE 50. When the law vests in a government instrumentality corporate
powers, the instrumentality becomes a corporation exercising not only governmental
powers (eminent domain, police authority and the levying of charges) but also corporate
powers (powers of a corporation under the Corporation Code). When the law vests in the
instrumentality corporate powers, it does not become a corporation but remains an instrumentality exercising both
corporate and governmental powers.
________FALSE 51. It is a settled principle of administrative law that in determining whether
a board has a quasi-judicial power, the authority given should be strictly construed in order to
avoid abuses by the board and consistent with the rule against unwarranted delegation of
legislative power.
_______ FALSE 52 The Manila International Airport Authority is not only an instrumentality
of the National Government but also a government owned and controlled corporation since it is
also vested with corporate powers to enable it to perform efficiently its governmental
functions. Not a GOCC but instrumentality of the National Gov't vested w/ corporate powers to perform
efficiently its governmental functions (MIAA vs. CA, 495 SCRA 592).
_______TRUE 53. Just like custodial investigation in criminal proceedings, the right to
counsel in administrative proceedings is not absolute; but unlike custodial investigation, the
administrative body is not duty-bound to provide the respondent with counsel.
_______ FALSE 54. The term agency of the government under the 1987 Administrative Code
refers to any of the various units of the Government, including a department, bureau, office or
instrumentality, but excluding government-owned or controlled corporations.
________FALSE 55. When the statutory period of a non-incorporated agency ends, the
powers, duties and functions as well as the resources and liabilities of that agency cannot be
reassumed by the Republic of the Philippines if a statutory fiat provides the disposition thereof.
Upon expiration of its term, its powers & functions, as well as assets & liabilities, are reverted back to &
reassumed by GRP (ISA vs. CA, 249 SCRA 539).
________TRUE 56. The power of subordinate legislation does not constitute an invalid
delegation of legislative power when proper safeguards, such as sufficient standards, are
provided by regulations duly promulgated by the competent administrative authority.
________FALSE 57. There is denial of respondent’s right to due process when the
investigating agency accesses and obtains copies, without the consent of the respondent, of his
employee records on file with the agency as employee records to be used as documentary
evidence against him. DTRs formed part of employee records, w/c the Office of Court Administrator & the
Court can freely access even without her consent. (Anonymous Complaint vs Otelia Lyn Maceda, MTC
Interpreter, 720 SCRA 27).
_______FALSE 58. The law precludes the Executive Secretary from conducting additional
hearings on appeal as its function is limited to determining whether there is evidence in the
administrative records substantial enough to support the subordinate officer’s findings therein.
_______ FALSE 59. Where administrative bodies exercise regulatory power, laying down
specific orders to be adhered to by persons subject thereto, the principle of res judicata is not
applicable, hence, such orders may be amended or modified. To say that the doctrine applies
exclusively to decisions rendered by what are usually understood as courts would be to
unreasonably circumscribe the scope thereof. The more equitable attitude is to allow extension of
the defense to decisions of bodies upon whom judicial powers have been conferred.
_______FALSE 60. Under RA 7722, the Commission on Higher Education (CHED) has the
mandate of supervising the establishment and operation of all public and private institutions of
higher education and degree-granting programs in all public and private post-secondary
educational institutions as well as review centers and similar entities in the Philippines.
Part ll: Essay
1. Discuss whether or not the right to due process is demandable as a matter of right in
proceedings before the Judicial Bar Council. (10 %)
While JBC proceedings are sui generis, right to be heard is availing. Where the objection to
applicant’s integrity is raised, observance of due process supports & enriches JBC’s discretion
in the nomination process. The JBC is presented w/ clearer understanding (Jardeleza v. Sereno,
GR 213181, 8/19/2014).
The Court concludes that the right to due process is available and thereby demandable as a
matter of right.
The Court, however, could not accept, lock, stock and barrel, the argument that an
applicant’s access tothe rights afforded under the due process clause is discretionary on the
part of the JBC. While the facets of criminal and administrative due process are not strictly
42 43
applicable to JBC proceedings, their peculiarity is insufficient to justify the conclusion that
due process is not demandable.
2. What is the condonation doctrine? Under what considerations may it, or may it not, be
applied? Cite applicable jurisprudence. (10 %)
Under “Doctrine of Condonation” (1959 Pascual decision), elective officials cannot be subject
to disciplinary action for admin misconduct committed during a prior term.
Basic considerations of doctrine
While a reelected official may no longer be held administratively liable, this will not prejudice
the filing of any case other than administrative vs. him (Cebu CM Alvin Garcia vs. Mojica, 314
SCRA 207).
Doctrine cannot benefit appointive officer seeking elective office (Ombudsman vs. Torres,
566 SCRA 365).
Electorate’s condonation of prior admin infractions of reelected official cannot be extended to
reappointed coterminous employees. This does not violate right to equal protection of law as
there is no disenfranchisement of electorate or subversion of sovereign will to speak of, in the
case of reappointed coterminous employees. Since petitioners hold appointive posts, they
cannot claim mandate of electorate. Also, the unwarranted expansion would provide civil
servants w/ blanket immunity from admin liability, spawning abuse (Salumbides vs. OMB,
4/23/10).
The condonation doctrine is ABANDONED, but the abandonment is PROSPECTIVE… no
basis that the election of an official to a new term fully absolves him of any administrative
liability arising from an offense committed during a prior term (Carpio-Morales vs CA, GR
217126-27,11/10/15).
The condonation doctrine applies prospectively since judicial decisions applying the laws or
Const., until reversed, form part of our legal system. Doctrine still applies in cases that
transpired prior to the Carpio-Morales ruling (Omb. vs. Mayor Vergara, 12/06/2017).
Condonation should be raised as a defense & passed upon during admin proceedings.
Capoquian failed to file C/A & position paper despite notice, indicating that he had not raised
before OMB the doctrine. The OMB acted whimsically in absolving him. Yet, as his term as
Mun Mayor had expired, the penalty of dismissal from service can no longer be meted on him,
it becoming moot. Still, he should suffer the accessory penalties (Crebello vs Capoquian,
4/10/2019).
Condonation doctrine has no legal bases. Requirement of accountability to the people is
inconsistent w idea that an elective local official’s admin liability for misconduct done during a
prior term can be condoned by election to 2 nd term or another elective post (Omb vs. Vergara,
GR 216871, 12/6/2017). It is inconsequential whether said reelection be on another public
office or on an election year not immediately succeeding the last, as long as the electorate that
reelected the public official be the same (id.)
3. The Chairman of the Civil Service Commission (CSC) directed CSC Director Jose to
conduct on investigation on the eligibility of public school teacher Jean, after
verification from the Register of Eligibles that Jean’s name was not in the list of
examinees. During the formal investigation, only Jean’s husband, Benal who is a nurse
in the DepEd, appeared despite notice. Beal signed a written statement of facts
regarding the issuance of the spurious Rating Report of Jean. Upon Director Jose’s
recommendation, the CSC issued its resolution, finding the spouses guilty of dishonesty
and meted the penalty of their dismissal from the service. Beal assailed the decision as
void on the grounds that: CSC was the investigator, complainant, prosecutor and judge
at the same time; due process was violated as he was not even a respondent in the case;
the DepEd has exclusive authority over them; and his alleged extra-judicial confession
is inadmissible without the help of counsel under Art. III, Sec. 12, of the Constitution.
Decide, ruling on all issues (10%).
This has been asked in the bar. The administrative tribunal performs multiple offices. It acts as investigator
and in this capacity it gathers evidence. After the evidence is gathered, it proceeds with the preparation of
the complaint. It becomes the complainant. It files the complaint in the same agency and so it also becomes
the prosecutor as well as the judge. Is there violation of due process here? There is none. So long as the
administrative body is brought with such power. It is within the competence of the tribunal. And the decision
rendered is still based on substantial evidence. So given this, there must be compliance with the
requirements of procedural and substantive due process.
The SC said, there was none. So long as the decision rendered is based on substantial evidence.
4. Differentiate the doctrine of qualified political agency from the presidential power of control.
(10%)
• PRESIDENTIAL POWER OF CONTROL - The President has the power to reorganize
the offices and agencies in the executive department in line with his constitutionally
granted power of control and by virtue of a valid delegation of the legislative power to
reorganize (Banda vs. Ermita, 618 SCRA 448).
• DOCTRINE OF QUALIFIED POLITICAL AGENCY - Essentially postulates that the heads
of the various executive departments are the alter egos of the President, and, thus, the actions
taken by such heads in the performance of their official duties are deemed the acts of the
President unless the President himself should disapprove such acts. This doctrine is in
recognition of the fact that in our presidential form of government, all executive organizations
are adjuncts of a single Chief Executive; that the heads of the Executive Departments are
assistants and agents of the Chief Executive; and that the multiple executive functions of the
President as the Chief Executive are performed through the Executive Departments. The
doctrine has been adopted here out of practical necessity, considering that the President
cannot be expected to personally perform the multifarious functions of the executive office.