Executive Assignment

Assigned Cases:
GANIR
Did the designation of Agra as the Acting Secretary of Justice, concurrently with
his position of Acting Solicitor General, violate the constitutional prohibition against
dual or multiple offices for the Members of the Cabinet and their deputies and
assistants?
Funa vs. Agra, G.R. No. 191644, Feb. 19, 2013
Being the appointing authority and under the doctrine of implication, can the
President remove the Deputy Ombudsman and the Special Prosecutor?
Gonzales vs. Office of the President, G.R. No. 196231, Sept. 4, 2012
Gonzales vs. Office of the President, G.R. No. 196231, Jan. 28, 2014
Should the Presidents discretion in the conferment of the Order of National
Artists be exercised in accordance with the duty to faithfully execute the relevant
laws?
National Artists vs. Executive Secretary, G.R. No. 189028, July 16, 2013
Did the approval of the ASTOA by the DOTC Secretary fall under the doctrine of
qualified political agency?
Baraquel vs. TRB, G.R. No. 181293, Feb. 23, 2015
Is the power to declare martial law a shared power of the President with
Congress?
Must the Supreme Court allow Congress to exercise its own review powers on
the martial law declaration first, before exercising its own review powers?
Does the lapse of the 30-day period operate to divest the Supreme Court of its
jurisdiction over the case?
Fortun vs. Arroyo, G.R. No. 190293, March 20, 2012
Does the governor have the power to declare a state of emergency, and
exercise the powers enumerated under Proclamation 1-09?
Kulayan vs. Tan, G.R. No. 187298, July 3, 2012
Is the 2013 PDAF Article as well as all other provisions of law which similarly
allow legislators to wield any form of post-enactment authority in the
implementation or enforcement of the budget, valid and constitutional?
Belgica versus- Alcantara, G.R. No. 208566, etc., November 19, 2013 ]
MALCAMPO
Selected BAR
A chief characteristic of the presidential form of government is: _____.
A. concentration of power in the judiciary thru the power of expanded judicial
review;

B. supremacy of the presidency compared to the totality of powers of the

legislative;
C. regular periodic election of the President for a fixed term;
D. unlimited term for the President for as long as freely and honestly elected by the
people.
During his incumbency, President Carlos shot to death one of his advisers during a
heated argument over a game of golf that they were playing. The deceased
advisers family filed a case of homicide against President Carlos before the city
prosecutors office. He moved to dismiss the case, invoking presidential immunity
from suit. Should the case be dismissed? _____.
A. Yes, his immunity covers his interactions with his official family, including the
deceased adviser.
B. No, his immunity covers only work-related crimes.
C. Yes, his immunity holds for the whole duration of his tenure.
D. No, his immunity does not cover crimes involving moral turpitude.
When the President contracted a personal loan during his incumbency, he may be
sued for sum of money _____.
A. during his term of office. C. after his term of office.
B. during his tenure of office. D. after his tenure of office.
Distinguish presidential communications privilege from deliberative process
privilege.
M is the Secretary of the Department of Finance. He is also an ex-officio member of
the Monetary Board of the Bangko Sentral ng Pilipinas from which he receives an
additional compensation for every Board meeting attended. N, a taxpayer, filed a
suit in court to declare Secretary Ms membership in the Monetary Board and his
receipt of additional compensation illegal and in violation of the Constitution. N
invoked Article VII, Section 13 of the Constitution which provides that the President,
Vice-President, the Members of the Cabinet, and their deputies or assistants shall
not, unless otherwise provided in the Constitution, hold any other office or
employment during their tenure. N also cited Article IX-B, Section 8 of the
Constitution, which provided that no elective or appointive public officer or
employee shall receive additional, double, or indirect compensation, unless
specifically authorized by law. If you were judge, how would you decide the
following:
the issue regarding the holding of multiple positions?
the issue on the payment of additional or double compensation?
Explain your answers fully.
The Chief Justice appointed X, the Presidents sister, as Assistant Court
Administrator in the Supreme Court during the President's tenure. Claiming that the
Constitution prohibits the appointment in government of a Presidents relative, a
taxpayer asks for its nullification. Will the challenge prosper? _____.
A. Y es, since the appointment essentially violates the law against nepotism.
B. Yes, because relatives of the President within the fourth civil degree cannot be
appointed as heads of offices in any department of government.
C. No, X's appointment, although in the government, is not in the Executive

Department that the President heads.

D. No, the position to which X was appointed is not among those prohibited
under the Constitution.
Associate Justice A retires from the Supreme Court 90 days before the forthcoming
Presidential election. May the incumbent President still appoint Justice A's
successor? _____.
A. No, it will violate the Constitutional prohibition against midnight appointments.
B. Yes, vacancies in the Supreme Court should be filled within 90 days from
occurrence of the vacancy.
C. Yes, vacancies in the Supreme Court should be filled within 90 days from
submission of JBC nominees to the President.
D. No, the incumbent President must yield to the choice of the next President.
A was a career Ambassador when he accepted an ad interim appointment as
Cabinet Member. The Commission on Appointments bypassed his ad interim
appointment but he was not re-appointed. Can he re-assume his position as career
Ambassador?
MCQ. The President's appointment of an acting secretary although Congress is in
session is _____.
A. voidable. C. invalid.
B. valid. D. unenforceable.
Whose appointment is NOT subject to confirmation by the Commission on
Appointments? _____.
A. Chairman of the Civil Service Commission C. Chief Justice of the Supreme Court
B. AFP Chief of Staff of D. Executive Secretary
Since the Constitution is silent as to who can appoint the Chairman of the
Commission on Human Rights, the President appointed W to that position without
submitting his appointment to the Commission on Appointments for confirmation. Is
Ws appointment by the President valid? _____.
A. No, since the position of Chairman of the Commission was created by statute,
the appointment of its holder requires the consent of Congress.
B. Yes, since the power to appoint in the government, if not lodged elsewhere,
belongs to the President as Chief Executive.
C. Yes, since the power to fill up all government positions mentioned in the
Constitution has been lodged in the President.
D. No, because absent any express authority under the Constitution, the power
to appoint does not exist.
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is
false. Explain your answer in not more than two (2) sentences.
The President exercises the power of control over all executive departments and
agencies, including government-owned or controlled corporations.
The President issued Proclamation No. 1018 placing the Philippines under Martial
Law on the ground that a rebellion staged by lawless elements is endangering the
public safety. Pursuant to the Proclamation, suspected rebels were arrested and
detained and military tribunals were set up to try them. Robert de la Cruz, a citizen,

filed with the Supreme Court a petition questioning the validity of Proclamation No.
1018.
1. Does Robert have a standing to challenge Proclamation No. 1018? Explain.
2. In the same suit, the Solicitor General contends that under the Constitution, the
President as Commander-in-Chief, determines whether the exigency has arisen
requiring the exercise of his power to declare Martial Law and that his determination
is conclusive upon the courts. How should the Supreme Court rule?
3. The Solicitor General argues that, in any event, the determination of whether the
rebellion poses danger to public safety involves a question of fact and the Supreme
Court is not a trier of facts. What should be the ruling of the Court?
4. Finally, the Solicitor General maintains that the President reported to Congress
such proclamation of Martial Law, but Congress did not revoke the proclamation.
What is the effect of the inaction of Congress on the suit brought by Robert to the
Supreme Court?

CATACUTAN
When the President orders the Chief of the Philippine National Police to suspend the
issuance of permits to carry firearms outside the residence, the President exercises
_____.
A. the power of control. C. the power of supervision.
B. the Commander-in-Chief power. D. the calling out power.
The President may proclaim martial law over a particular province subject to
revocation or extension _____.
A. by Congress, subject to ratification by the Supreme Court.
B. by the Supreme Court.
C. by Congress alone
D. by Congress, upon recommendation of the respective Sangguniang Panlalawigan.
The President CANNOT call out the military _____.
A. to enforce customs laws. C. to arrest persons committing rebellion.
B. to secure shopping malls against terrorists. D. to raid a suspected haven of
lawless elements.
Governor A was charged administratively with oppression and was placed under
preventive suspension from office during the pendency of his case. Found guilty of
the charge, the President suspended him from office for ninety days. Later, the
President granted him clemency by reducing the period of his suspension to the
period he has already served. The Vice Governor questioned the validity of the
exercise of executive clemency on the ground that it could be granted only in
criminal, not administrative cases. How should the question be resolved?
Bruno still had several years to serve on his sentence when he was conditionally
pardoned by the President. Among the conditions imposed was that he would not
again violate any of the penal laws of the Philippines. Bruno accepted all of the
conditions and was released. Shortly thereafter, Bruno was charged with 20 counts

of estafa. He was then incarcerated to serve the unexpired portion of his sentence
following the revocation by the President of the pardon. Brunos family filed a
petition for habeas corpus, alleging that it was error to have him recommitted as
the charges were false, in fact, half of them were already dismissed. Resolve the
petition with reasons.
Which of the following statements is correct? _____.
A. The President, with the concurrence of the Monetary Board, can guarantee a
foreign loan on behalf of the Republic of the Philippines.
B). Congress may, by law, provide limitations on the President's power to contract or
guarantee foreign loans on behalf of the Republic of the Philippines.
C. In order to be valid and effective, treaties and executive agreements must be
concurred in by at least two-thirds of all the Members of the Senate.
D. The President shall, at the end of every quarter of the calendar year, submit to
Congress a complete report of the loans contracted or guaranteed by the
Government or government-owned and controlled corporations.
E. All the above choices are defective in some respects.
The President alone without the concurrence of the Senate abrogated a treaty.
Assume that the other country-party to the treaty is agreeable to the abrogation
provided it complies with the Philippine Constitution. If a case involving the validity
of the treaty abrogation is brought to the Supreme Court, how should it be resolved?
True or False. A treaty which provides tax exemption needs no concurrence by a
majority of all the Members of the Congress. Explain.
The President entered into an executive agreement with Vietnam for the supply to
the Philippines of animal feeds not to exceed 40,000 tons in any one year. The
Association of Animal Feed Sellers of the Philippines questioned the executive
agreement for being contrary to R.A. 462 which prohibits the importation of animal
feeds from Asian countries. Is the challenge correct? _____. A. Yes, the executive
agreement is contrary to an existing domestic law.
B. No, the President is solely in charge of foreign relations and all his actions in this
role form
part of the law of the land.
C. No, international agreements are sui generis and stand independently of our
domestic laws.
D. Yes, the executive agreement is actually a treaty which does not take effect
without
ratification by the Senate.
E. Yes, the challenge is correct because there is no law empowering the President to
undertake
the importation.
The President, concerned about persistent reports of widespread irregularities and
shenanigans related to the alleged ghost projects with which the pork barrel funds
of members of Congress had been associated, decided not to release the funds
authorized under a Special Appropriations Act for the construction of a new bridge.
The Chief Executive explained that, to properly conserve and preserve the limited
funds of the government, as well as to avoid further mistrust by the people, such a
project which he considered as unnecessary since there was an old bridge near

the proposed bridge which was still functional should be scrapped. Does the
President have such authority?

Administrative Law Assignment

Administrative Organization
The President abolished the Office of the Presidential Spokesman in Malacanang
Palace and a long-standing Bureau under the Department of Interior and Local
Governments. The employees of both offices assailed the action of the President for
being an encroachment of legislative powers and thereby void. Was the contention
of the employees correct? Explain.
Are government-owned or controlled corporations within the scope and meaning of
the Government of the Philippines?
State with reason(s) which of the following is a government agency or a government
instrumentality: _____.
A. Department of Public Works and Highway; D. Land Transportation Office;
B. Bangko Sentral ng Pilipinas; E. Land Bank of the Philippines.
C. Philippine Ports Authority;
In 1963, Congress passed a law creating a government-owned or controlled
corporation named Manila War Memorial Commission (MWMC), with the primary
function of overseeing the construction of a massive memorial in the heart of Manila
to commemorate the victims of the 1945 Battle of Manila. The MWMC charter
provided an initial appropriation of PHP1,000,000, empowered the corporation to
raise funds in its own name, and set aside a lot in Malate for the memorial site. The
charter set the corporate life of MWMC at 50 years with a proviso that Congress
many not abolish MWMC until after the completion of the memorial. Forty-five (45)
years later, the memorial was only 1/3 complete, and the memorial site had long
been overrun by squatters. Congress enacted a law abolishing MWMC and requiring
that the funds raised by it be remitted to the National Treasury. The MWMC
challenged the validity of the law, arguing that under its charter its mandate is to
complete the memorial no matter how long it takes. Decide with reasons.

Administrative Competence
The KKK Television Network (KKK-TV) aired the documentary, Case Law: How the
Supreme Court Decides, without obtaining the necessary permit required by P.D.
1986. Consequently, the Movie and Television Review and Classification Board
(MTRCB) suspended the airing of KKK-TV programs. MTRCB declared that under P.D.
1986, it has the power of prior review over all television programs, except
newsreels and programs by the Government, and the subject documentary does
not fall under either of these two classes. The suspension order was ostensibly
based on Memorandum Circular No. 98-17 which grants MTRCB the authority to
issue such an order. KKK-TV filed a certiorari petition in court, raising the issue that:
while Memorandum Circular No. 98-17 was issued and published in a newspaper of
general circulation, a copy thereof was never filed with the Office of the National
Register of the University of the Philippines Law Center. Decide.

The Metro Manila Development Authority (MMDA) passed a rule authorizing traffic
enforcers to impound illegally parked vehicles, for the first offense, and confiscate
their registration plates for the second. The MMDA issued this rule to implement a
law that authorized it to suspend the licenses of drivers who violate traffic rules. Is
the MMDA rule valid? _____.
A. No, since the MMDA does not have rule-making power.
B. Yes, it is a valid exercise of the power of subordinate legislation.
C. Yes, it is an implicit consequence of the law upon which it acted.
D. No, the rule goes beyond the sphere of the law.
A law authorized the Secretary of Agriculture to require the quarantine of animals
that suffer from dangerous communicable diseases at such place and for such time
he deems necessary to prevent their spread. The Secretary of Agriculture issued a
regulation, imposing a penalty of imprisonment for 10 days on persons transporting
quarantined animals without his permission. The regulation is _____
A. a valid exercise of the power of subordinate legislation.
B. invalid for being ultra vires.
C. a valid exercise of police power.
D. invalid for being discriminatory.
An administrative rule that fixes rates is valid only when the proposed rates are
_____.
A. published and filed with the UP Law Center.
B. published and hearings are conducted.
C. published and posted in three public places.
D. published and all stakeholders are personally notified.
Which one of the enumeration below does not come under the Administrative Code
definition of a "rule": _____.
A. agency statement of general applicability that implements or interprets a law;
B. fixes and describes the procedures in or practice requirements of, an agency;
C. includes memoranda and statements concerning internal administration;
D. an agency process for the formulation of a final order.
The requirement of the Administrative Code on "public participation" is that, if not
otherwise required by law, an agency shall: _____.
A. in all cases, publish or circulate notices of proposed rules and afford interested
parti.es the opportunity to submit their views prior to the adoption of any rule;
B. in all clear and proper cases, publish or circulate notices of proposed rules and
afford interested parties the opportunity to submit their views prior to the adoption
of any rule;
C. as far as practicable, publish or circulate notices of proposed rules and affixed the
party-list parties the opportunity to submit their views prior to the adoption of any
rule;
D. as far as practicable, publish or circulate notices of proposed rules and afford
interested parties the opportunity to submit their views prior to the adoption of any
rule.

Under the Administrative Code, in the fixing of rates, no rules or final order shall be
valid unless: _____.
A. the proposed rates shall have been submitted to the U.P. Law Center for
publication at least two weeks before the first hearing thereon;
B. the proposed rates shall have been published in the Official Gazette at least two
weeks before the final hearing thereon;
C. the proposed rates shall have been published in a newspaper of general
circulation at least two weeks before the first hearing thereon;
D. the proposed rates shall have been published in a newspaper of general
circulation at least two weeks before the final hearing thereon.

Administrative Due Process

DELOS SANTOS
Are administrative agencies are bound by the technical rules of evidence ?
SRA versus- Tormon, G.R. No. 195640, Dec. 4, 2012
What is the substantial evidence rule? Was it satisfied in this case?
Tenorio versus- Perlas, A.M. No. P-10-2817, January 26, 2011
In student disciplinary proceedings, is Ang Tibay the authority on the procedural
rights of student?
Go vs. Colegio de San Juan de Letran, G.R. No. 169391, Oct. 10, 2012
Did Guzman entirely do away withthe due process requirements outlined in Ang
Tibay?
Is Cudia guaranteed the right to have his counsel not just in assisting him in the
preparation for the investigative hearing before the HC and the CRAB but in
participating fully in said hearings?
Cudia vs. PMA, G.R. No. 211362, Feb. 24, 2015
Is the right to cross-examine an indispensable aspect of administrative due
process?
Pat-og vs. CSC, G.R. No. 198755, June 5, 2013
Is the right to counsel an imperative requirement in administrative
investigations?
Vivo vs. PAGCOR, G.R. No. 187854, Nov. 12, 2013
Is the liberality of procedure in administrative actions subject to any
limitation? Can the liberal construction be applied on appeal reglementary period
as in this case?
Besaga vs. Acosta, G.R. No. 194061, April 20, 2015
LIU
Director WOW failed the lifestyle check conducted by the Ombudsman s Office
because WOWs assets were grossly disproportionate to his salary and allowances.

Moreover, some assets were not included in his Statement of Assets and Liabilities.
He was charged of graft and corrupt practices and pending the completion of
investigations, he was suspended from office for six months. Aggrieved, WOW
petitioned the Court of Appeals to annul the preventive suspension order on the
ground that the Ombudsman could only recommend but not impose the suspension.
Moreover, according to WOW, the suspension was imposed without any notice or
hearing, in violation of due process. For his part, the Ombudsman moved to dismiss
WOWs petition. According to the Ombudsman the evidence of guilt of WOW is
strong, and petitioner failed to exhaust administrative remedies. WOW admitted
that he filed no motion for reconsideration, but only because the order suspending
him was immediately executory. Should the motion to dismiss be granted or not?
Discuss briefly.
The Housing and Land Use Regulatory Board (HLURB) found Atlantic
Homes, Inc. liable in damages arising from its delayed release of the title
to the house and lot that it sold to Josephine. Atlantic appealed to the
Office of the President which rendered a one page decision, affirming the
attached HLURB judgment. Atlantic challenges the validity of the decision
of the Office of the President for not stating the facts and the law on
which it is based. Is the challenge correct? _____.
A. No, the Office of the President is governed by its own rules respecting review of
cases appealed to it.
B. Yes, the decision of the Office of the President must contain its own crafted
factual findings and legal conclusions.
C. Yes, administrative due process demands that the Office of the President make
findings and conclusions independent of its subordinate.
D. No, the Office of the President is not precluded from adopting the factual findings
and legal conclusions contained in the HLURB decision.
Under the Administrative Code, "adjudication" means: _____.
A. whole or any part of any agency permit, certificate, or other form of permission,
or regulation of the exercise of a right or privilege;
B. an agency process for the formulation of a final order;
C. agency process for the formulation, amendment, or repeal of a rule;
D. agency process involving the grant, renewal, denial, revocation or conditioning of
a license.
Judicial Review
Are factual and legal findings of administrative bodies, charged with their
specific field of expertise, afforded great weight by the courts?
LBP versus- Costo, G.R. No. 174647, Dec. 5, 2012
In the judicial review of decisions of administrative agencies, the
Administrative Code requires that the review shall be made: _____.
A. on the basis of the pleadings taken as a whole;
B. on the basis of the record taken as a whole;
C. on the basis of the evidence taken as a whole;
D. on the basis of the memoranda taken as a whole.

In the judicial review of decisions of administrative agencies, the Administrative

Code requires that, except when specifically provided otherwise by law: _____.
A. the findings of law of the agency when supported by substantial evidence, shall
be final;
B. the findings of fact of the agency when supported by preponderant evidence,
shall be final;
C. the findings of fact of the agency when supported by substantial evidence, shall
be final;
D. the findings of law of the agency when supported by credible evidence, $hall be
final.

Administrative Doctrines
Did the respondent fail to exhaust administrative remedies?
Vigilar versus- Aquino, G.R. No. 180388, January 18, 2011
Does the case of petitioner fall under the exceptions on exhaustion of
administrative remedies?
Ejera vs. Merto, 163109, Jan. 22, 2014
What is the doctrine of primary jurisdiction? Is it applicable in this case?
San Miguel vs. Perez, G.R. No. 166836, Sept. 4, 2013
Aklan vs. Jody King, G.R. No. 197592, Nov. 27, 2013
What is Administrative Res Judicata? Is it applicable in this case?
Salazar versus- De Leon, G.R. No. 127965, January 20, 2009