TAU MU FRATERNITY and SIGMA TAU MU SORORITY
Ateneo de Davao - College of Law
Public Corporations Past Exams
Atty. Rodolfo M. Elman, CESO III
Note: This compilation of past exams in Public Corporations
handled by Atty. Elman is not intended to replace your
books and major references.
God bless.
July 30, 2004
1. Primo was proclaimed the winner in the mayoralty
contest. Petitioners sought to disqualify him since Primo
held an immigrant visa to Canada. Primo argued that he
has been a Philippine resident a year immediately
preceding his proclamation and that by filing his
certificate of candidacy; he elected Philippine citizenship
and thus forswore allegiance to Canada. Decide.
2. Because of the death of a member of the Sangguniang
Panlalawiagan, the Secretary of Local Government
appointed petitioner Jose to the vacancy. Jose took his
oath and assumed office. Later on, the Local
Government Secretary appointed respondent Pedro to
the same position and recalled the appointment of Jose.
Decide.
3. Discus fully the steps in the appointing process.
4. The BIR Commissioner terminated the services of Lydia
as Director of Assessment and Audit Services and
appointed Antonio as her replacement. Lydia filed a
petition questioning the title of Antonio. The trial court
found that the termination of the services of Lydia was
illegal and ordered her reinstatement with payment of
full back salaries and other benefits. Lydia argued that
Antonio should be held liable therefore. In the
meantime, Ligaya had succeeded Antonio who was
promoted to a higher position. Decide. (Mendoza Case)
5. Petitioner, the Mayor of Digos City, terminated the
services of Angela, the Assistant Secretary to the Mayor,
on the ground of loss of confidence. Angela protested on
the ground that her position belonged to the classified
career service. The Mayor argued that under the CSL,
the secretaries of the city mayors occupied primarily
confidential position and Angela may thus be separated
without cause. Decide.
6. The Provincial Governor extended a permanent
appointment to Paulo as administrative officer. The CSC
approved it as temporary, subject to the outcome of
Sandaras protest. The CSC found that Sandara was
better qualified and the next-in-rank revoked the
appointment of Paulo and ordered the appointment of
Sandara in his place. Paulo claimed that he could not be
removed since his appointment was permanent.
Sandara answered that since the appointment of Paulo
was temporary, he could be removed at any time.
Decide.
7. Upon the findings of the Investigating Committee, the
President of the University of the Southeastern
Philippines dismissed Joshua for grave misconduct. The
CSC exonerated him ordered his reinstatement. The USP
President argued that under its charter it has institutional
autonomy. Decide.
8. Mario was appointed Chief of the Personnel Division of
the National Food Authority. Emil, who ranked second to
Mario in the comparative data sheet, appealed to the
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NFA Appeals Board which sustained the appeal and
demoted Mario without any notice to him. Mario
questioned the decision of the NFA Appeals Board.
Meanwhile, Mario assumed the lower position assigned
to him and received the emoluments attached to said
lower position. The Court of Appeals ordered the
reinstatement of Mario to his previous position and the
recovery of full back wages from Emil. Aggrieved, Emil
sought relief from the Supreme Court. Decide.
9. The schools division superintendent sought to transfer
respondent, the principal of a reputable national high
school, to a newly established high school. Respondent
objected on the ground that under the Magna Carta of
Public School Teachers, a teacher cannot be transferred
without her consent. She also argued that her transfer to
a fledging school constitutes a diminution of her status.
Decide. (DECS vs. CA)
10. Because of the fat salaries and allowances that GOCC
executives were getting, the President sought from them
a cut in their pay. Abner, General Manager of a GOCC
with a fixed term of 6years and Myra, Director III of the
same GOCC holding a CES rank IV, refused citing the
authority of the Board under their own Charter to fix
emoluments. The President demanded Abners
resignation and further effected the transfer of Myra to
another GOCC under the Office of the President. Abner
claimed that his position has the rank of Assistant
Secretary and thus belongs to the career service. Myra
also argued that her unconsented transfer violated her
security of tenure as a career service executive service
officer. Decide. (Note: (1) GOCC may fix salary but must
first seek approval from the President and the
Department of Budget and Management. (2) Abner
courtesy resignation. (3) Myra CES officer)
September 18, 2004
1. Cite the rules on whether or not a public officer may be
suspended indefinitely.
2. Marie and Tony were public school teachers. They did
not report to their classes when the public school
teachers went on strike. They were administratively
charged and placed under preventive suspension. Both
were found guilty and ordered dismissed by the
Education Secretary. The dismissal order was made
executor. On appeal, the CSC reduced the penalty of
Marie to suspension for 6months and the penalty for
Tony to reprimand as his absence from work was not
connected with the strike. Upon their reinstatement,
they now asked for the payment of their back salaries
during the period of suspension pending investigation
and during the pendency of their appeal. Decide.
3. Discuss whether or not under the Constitution a public
officer or employee may hold any other office or
employment.
4. A Municipal Mayo was charged with violation of the Anti-
Graft and Corrupt Practices Act (RA 3019). He was
preventively suspended pending trial conformably with
Sec.13 of RA 3019. The case was however dismissed
because of his death. His heirs tried to collect the
emoluments supposedly due him during his suspension.
Decide. (Note: No acquittal before his death.)
5. State the rules on the acceptance or non-acceptance of
gifts by public officers under Anti-Graft and Corrupt

Practices Act (RA 3019) and the Code of Conduct and
Ethical Standards (RA6713).
6. Mustapha, former Mayor of Marawi City, ran and won as
Congressman of that city. Meanwhile, for a fraudulent
contract he allegedly entered into while still a Mayor, he
was charged with graft under RA 3019 before the office
of the Ombudsman for which an information was
subsequently filed with the Sandiganbayan. During the
pre-trial, the Sandiganbayan issued a suspension order
for 0days. He questioned the validity of the order
claiming that under Sec16 Art.VI of the Constitution, he
can be suspended only by Congress. Furthermore, he
claims that the graft case did not arise from his acts as a
Congressman and that following the AGUINALDO ruling,
he could no longer be held liable. Decide on all his
contentions.
7. Leah entered into a conditional contract to sell with the
SSS involving a parcel of land belonging to the latter.
Because of the failure of Leah to pay several installments,
the SSS cancelled the contract and sold the land by public
bidding. The property was awarded to Cindy. The
husband of Cindy was the chief of the Asset
Management Division of SSS. Leah assailed the award of
the land to Cindy. Decide.
8. A. Pedro was convicted of an offense. Will his conviction
cause his termination from public office? Why?
B. Is loss of confidence as a ground for recall reviewable
by the courts? Why?
9. Contractor Jose applied for a license with the Office of
the City Engineer. The City Engineer wantonly neglected
to act on said application, notwithstanding Joses letters
of inquiry which were left unanswered. Jose incurred
losses in view of the delay in its issuance. As the counsel
of Jose, what steps, if any, would you take to protect his
rights? Cite applicable laws involved.
September 24, 2005
Part I: True or False.
1. Under RA 1379, the Ombudsman, after the conduct of
inquiry and a determination of probable violation of said
law, shall file the petition on behalf of the State for the
forfeiture of property unlawfully acquired by the public
officer. FALSE.
2. Government prosecutors may look into the properties in
the name of the spouse and unmarried children of the
public official, as well as those of his relatives and friends
in cases of unexplained wealth, without violating the
Secrecy of Bank Deposits Law. TRUE
3. All public officials and employees are required to file
under oath their Statement of Assets, Liabilities and Net
Worth. FALSE. (true, detailed and sworn)
4. A member of the family of a public officer may accept
employment in a private firm having a pending
transaction with the public officer provided he does not
recommend or intercede on behalf of his family member.
FALSE. (prohibited directly or indirectly)
5. A director of the Water District is prohibited from
receiving other compensation than the amount provided
for per diems. FALSE.
6. Unsolicited gift of small value may be accepted by the
government officer from the transacting public so long as
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it will not affect the discharge of his official duties.
FALSE.
7. The right of the State to file a petition for the forfeiture
of unlawfully acquired property prescribes after four
years from the date of resignation, separation or
dismissal. TRUE
8. Notwithstanding the pendency of an administrative
investigation , against him, a public officer is allowed to
retire from the service upon reaching the optional
retirement age set by law. FALSE.
9. The failure of a government employee to respond to any
communication sent by the public within 15 working days
from his receipt thereof gives rise to administrative and
criminal liability under RA 6713. TRUE
10. The Justice Secretary has the right to receive additional
remuneration for his participation in meetings of the
Judicial and Bar Council as ex officio member.
11. A civil service employee may accept employment as an
officer of a private enterprise if expressly permitted by
law. TRUE
12. The right to form, join or assist employees organization
exists for the purposes of furthering and protecting the
interests of employees and collective bargaining. FALSE.
13. A government physician may engage in the private
practice of medicine if authorized by law and such
practice will not conflict with his official duties. TRUE
14. The prohibition against the holding of multiple positions
by Cabinet members under the Constitution applies to
positions occupied in an ex officio capacity as provided
by law and required by the primary functions of their
office. FALSE.
15. In criminal prosecutions under the Anti Graft Law, the
court has no discretion or duty to determine whether
preventive suspension is required. TRUE
16. A public officer can invoke in his favor laws on acquisitive
prescription and limitation of actions respecting the
property unlawfully acquired by him. FALSE.
17. The corrupt acts enumerated in Section 3 of RA 3019
prescribe in 15 years. TRUE
18. A local elective official is ineligible for an appointive
position, unless so allowed by law or by the primary
functions of his office. FALSE.
19. When a public employee is indebted to the government,
the COA may direct the head of office to withhold the
payment of any money due him to satisfy such debt.
FALSE.
20. Balances on loans and insurance premiums unpaid by the
government retiree may be deducted from the
retirement benefits due him from the GSIS despite the
well settled rule that retirement pay may not applied to
indebtedness to the government. TRUE
21. The rule on forbidden office under Article VI Section 13
of the Constitution does not apply to offices created by
the Constitution itself. TRUE
22. The head of office as the final approving authority of
irregular or anomalous transactions is the party
ultimately responsible in case of COA disallowance.
FALSE

23. A baseless charge alleging the Commission of a wrongful
act by public official entitles him to the recovery of moral
and exemplary damages. FALSE
24. Existing civil service rules provide that government
employees are prohibited from engaging in business
unless allowed by their department heads. TRUE
25. A judge of the RTC cannot be designated to an agency
performing quasi-judicial function to act as arbitrator
unless authorized by law. FALSE
26. The prohibition on financial interest under the
Constitution is one that the Senator or Congressman
expects to derive benefit. Thus, his spouse cannot
borrow a commercial loan from the Development Bank
of the Philippines, but can obtain such loan from the
Philippine Veterans Bank. TRUE
27. It is no defense to a ministerial officer, upon whom the
law has imposed the positive duty of performance in
which an individual has a special and direct interest that
he acted in good faith and with honest intention. TRUE
28. The representative who holds a rank below Assistant
Secretary is not subject to strict constitutional
prohibition imposed on the Cabinet Secretary as ex-
officio member because the former is covered by a
separate constitutional proviso applicable in general to
civil service employees. FALSE
29. The prohibition against partisan political activity does not
apply where an employee expresses his views on
candidates for public office from whom he supports.
TRUE
30. For the accountable officer to escape liability by reason
of her having acted under the direction of a superior
officer in paying out a questionable transaction, it is
sufficient that she verbally notifies the latter the illegality
of the payment. FALSE
Part II
1. Citing specific Constitutional and statutory
provisions, discuss the bases of the conduct of
lifestyle check by the Ombudsman.
2. Discuss the nature and extent of the power to
preventively suspend a public officer, as well as his
right of recovery of back salaries, if any, under the
following laws:
a. Section 24 of the Ombudsman Act (RA 6770)
b. Section 63 and 68 of the Local Government
Code (RA 7160)
c. Section 42 of the Civil Service Law (PD 807)
d. Section 13 of the Anti-Graft Law (RA 3019)
3. Petitioner, a policeman, was suspended because of
the criminal cases filed against him. The cases were
dismissed because of the desistance of the offended
parties. He sued to recover back salaries and to
compel his reinstatement. Decide.
4. Gloria, Secretary of the Department of Education,
performs additional duties and functions as member
of the National Executive Board of the Boy Scouts of
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the Philippines (BSP) and as member-designate of
the Local Water Utilities Administration (LWUA), a
government corporation. Accordingly, he receives a
monthly honorarium from LWUA and per diems
from BSP. Are the additional duties of Gloria
constitutional and is he entitled to the above-named
emoluments? Explain.
5. Isko, a temporary employee holding the item of
Inspector of the Housing and Land Use Regulatory
Board (HLUB), a government agency was hired by
Titan Builders, a private firm, as Project Consultant
of the latters housing construction business. Isko
assigned a foreman to manage construction activity
allotted his time thereto only after office hours and
during non-working days. However, pending before
the HLURB are complaints filed by several
homeowners associations against Titan Builders. Is
there transgression of laws here? Explain.
6. Does the doctrine of sovereign immunity from suit
apply to complaints filed against civil servants for
acts done in the performance of their duties?
Explain.
2nd Year Final Exam
17 October 2005
Part 1
1. In their proprietary aspect, public corporations stand
for the community in the administration of local
affairs which are wholly beyond the sphere of public
purposes for which its governmental powers are
conferred. TRUE
2. Political autonomy is the transfer of power from the
central government to political subdivisions in order
to broaden the base of government power and make
local governments more responsive and ensure their
fullest developmental as self reliant communities.
FALSE
3. No creation of a local government unit can take
effect unless approved by a majority of the voices
cast in a plebiscite called for the purpose in the
political unit proposed to be created. FALSE
4. Any tax ordinance shall be construed liberally in
favor of the municipal corporation in line with the
policy of fiscal autonomy. FALSE
5. The corporate executive and at least two thirds of
the members of its Sanggunian unless some other
time is fixed therefore by law or ordinance. FALSE
6. The Internal REVENUE Allotments are included in the
computation of the average annual income of the
municipality for the purpose of determining whether
the municipality may be converted into a city. TRUE
7. The rule disallowing collateral attack against the
validity of incorporation of a municipal corporation
applies only where it is least a de facto corporation.
TRUE

8. In line with her constitutional power of supervision
which empowers the President to ensure that laws
are faithfully executed, the President can set aside
the decisions of the head of the local governments if
the same are not in conformity with the law. FALSE
9. The lack of verification of the complaint initiated by
the Secretary of Interior and Local Government
against a Provincial Governor is a more formal, not
jurisdictional, defect. TRUE
10. The Sanggunian Bayan of the municipality has the
power under RA 7160 to create a barangay located
within its territorial jurisdiction. FALSE
11. All municipalities which were organized pursuant to
Executive Orders and Presidential Decrees and
existing, an of the date of the effectively of the Local
Government Code are already considered as regular
municipalities. TRUE
12. Acts of lasciviousness of a local elective official
cannot be considered misconduct in office and may
not be the basis of an order of suspension. TRUE
13. Courts cannot order the dissolution of municipal
corporations unless this power is conferred on them
by law. TRUE
14. The power of eminent domain may only be exercised
by the local chief executive acting pursuant to a valid
resolution passed by the Sanggunian. FALSE
15. The validity of incorporation of a municipal
corporation may be challenged only by the State in a
direct proceeding such as quo warranto within a
period of four years. FALSE
16. The Prosecutors refusal to represent the
municipality which itself does not have a municipal
attorney is a legal of private counsel. FALSE
17. The Legislature has absolute control over public
revenues of the municipality except that over which
the creditors of the municipality have already
acquired vested right. TRUE
18. The local chief executive has the full authority under
the Local Government Code to negotiate and secure
financial grants in support of basic services from
foreign aid agencies without securing clearance from
the national government so long as the project does
not have any national security implication. FALSE
19. The principle of stopped can be applied against a
municipal corporation to validate a contract which
the municipal corporation has no power to make if
the municipal corporation has willingly accepted
benefits there under. FALSE
20. Municipal corporations have control the operations
of a light or other like facility except that the service
and rate of light facility may be subject to state
regulation. TRUE
21. Consistent with the concept of devolution under RA
7160, the authority of municipalities to grant fishery
privileges in municipal waters is superior to the
power conferred to the Laguna Lake Development
Authority (LLDA) to issue permits for the enjoyment
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of fishery privileges in Laguna de Bay under its
charter. FALSE
22. An appeal in the administrative case against the
local elective official prevents a decision from
becoming final or executory. TRUE
23. Under RA 7160, local government units and their
officials are not exempt from liability for the death
or injury to persons or damage to property. TRUE
24. A territorial dispute between two or more adjoining
municipal corporation is best left for the courts to
decide. FALSE
25. Personal canvass of at least three suppliers is the
exception to the rule that the procurement by
municipal corporations of goods and supplies must
be made through competitive public bidding. TRUE
26. The Provincial Governor is authorized to preventively
suspend the mayor of a highly urbanized city at
anytime after the issued have been joined and under
any of the grounds provided by law. FALSE
27. Properties of a municipality, whether real or
personal and regardless of their nature, cannot be
attached and sold at execution sale to satisfy a
money judgment against the municipality. FALSE
28. The municipal corporation mat take immediate
possession of the property to be expropriated
subject to the sole condition that there must be a
deposit with the court of at least 15% of the fair
market value of the property based on the current
tax declaration thereof. FALSE
29. Where the municipality fails or refuses without
justifiable reason to effect payment of a final money
judgment rendered against it, the aggrieved party
avail of the remedy of creational to compel the
enactment and approval of the necessary
appreciation ordinance. FALSE
30. The Sangguniang Panlalawigan does pot have there
hority under the Local Government Code to
disapprove an ordinance of a component
municipality authorizing the mayor to initiate
expropriation proceedings. TRUE
31. A municipal corporation cannot be held on a
contract not within the ambit of its corporate
powers, whether or not the other party hanfully
carried out his part of the contract and despite that
the municipal corporation has been benefit thereby.
TRUE
32. The filing of an appeal by the taxpayer questioning
the constitutionality or legality of a tax ordinance
has the effect of suspending the effectively of the
ordinance under RA 7160. FALSE
33. The permanent closure of a freedom park is not valid
without a provision in the sanggunian ordinance for
its transfer to another location. TRUE
34. A municipality is liable on a contract entered on its
behalf by its officer who is not duly authorized if the
contract is within the scope of its corporate powers
and benefits accrue to the municipality. FALSE

35. Even in the absence of a law or ordinance crating it,
a municipal corporation may still exist if it is able to
show its existence by reputation or long use of
corporate powers. TRUE
36. A municipality may ratify a contract which it could
lawfully have made at the time of such ratification
although it had no such power when the contract
was first executed. TRUE
37. The operation of a lotto outlet in a municipal
corporation requires prior consultation with and
approval of the Sanggunian consistent with Sections
26 and 27 of the Local Government Code or project
in a particular which provide that Sanggunian
authority has to be obtained first whenever the
government implements a nationals program local
community. FALSE
38. The State, through the legislature and the President,
exercises the power of control over municipal
corporations. FALSE
39. The proper remedy of the aggrieved partly who
questions the dismissal of the administrative case by
the Sangguniang Panlalawigan against the
respondent Municipal Mayor is a petition for
certiorari and mandamus before the court. FALSE
40. The power of the local government to contract does
not mean authority to enter all corporation to carry
into effect the purposes it was created. TRUE
Part 2: Write your answers to the following questions in your
booklet.
1. Shaq, an employee of the City Government of Davao,
while driving a city-owned ambulance hit Kobe,
causing serious physical injuries to me letter. Is the
city liable? Why?
2. May a thoroughfare be leased to market stallholders
by virtue of a Sanggunian ordinance?Explain.
3. Explain the prescribed procedure for the enactment
by the municipal corporation of a revenue measure
and the remedy available to the taxpayer who
questions its constitutionality or legality.
4. The Municipality of Mati in Davao Oriental passed an
ordinance authorizing the Mayor, assisted by the
police, to remove all advertising billboards displayed
in the main streets. Joey, who owns and rents out
the billboards ordered removed by the Mayor on the
ground that these here nuisances sues Municipality
for payment of compensation and damages. Will the
suit prosper? Would you answer differently if the
removal of the billboards by the Mayo was for the
purpose of beautification ? Explain.
5. May a public square be closed by a local government
unit ? Explain.
6. Pio was granted the privilege of operating a ferry by
Basilan City for four years. After two years, however,
Pio was ejected by virtue of a resolution adopted by
the defendant city councilors against the individual
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members of the Sanggunian. Defendants raise the
defense that as members of the Sanggunian acting
as a body, they cannot be held personally liable, and
that the suit should be directed against the city
itself. Decide.
02 September 2006
2nd Year
Part 1
1. Where there is a de jure officer, a de facto officer,
during his wrongful incumbency, is not entitled to
the emoluments attached to the office even if he
occupied the office in good faith. TRUE
2. The nature of the relation of a public officer to the
public is inconsistent with either a contract or
property right. TRUE
3. What characterizes an appointment as permanent
or temporary is the nature of the position filled, that
is, whether the position is classified as primarily
confidential, policy determining or highly technical.
FALSE
4. The de facto doctrine was formulated not only for
the protection of the public who get involved in the
official acts of persons discharging the duties of an
office without being lawful officers, but chiefly for
the protection of said de facto officer. FALSE
5. Members of the board of directors of water districts
are prohibited under their charter, as amended,
from receiving allowances and benefits other than
per diems whereas the NAPOCOR Chapter expressly
grants the members of its board the right to receive
allowances apart from per diems. FALSE
6. Balances on loans and insurance premiums unpaid
by the government retiree may be deducted from
the retirement benefits due him from the GSIS
despite the well-settled precept that retirement pay
may not be applied to indebtedness to the
government. TRUE
7. The failure of a government employee to answer any
communication received by him from the public
within 15 working days from his receipt thereof gives
rise to administrative and criminal liability under RA
6713. FALSE
8. A government engineer may engage in the private
practice of his profession with the sole caveat that
such practice will not be in conflict with his official
functions. FALSE
9. Unsolicited gifts or tokens of significant value may
be accepted by the government employee from the
transacting public provided it will not affect the
discharge of his official duties. FALSE

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10. In an election protest involving the contested post of 24. A Filipino who becomes a naturalized American can
Mayor, the death of the protestee Mayor will not still quality for local elective post by taking an oath
extinguish his counterclaim for damages against the of allegiance to the republic and registering the
protestant and the protestees heirs may therefore certificate of repatriation with the Bureau of
substitute in his place. FALSE Immigration, and no other requirement is needed.
11. A public officer cannot invoke in his favor laws on FALSE
acquisitive prescription and limitation of actions 25. Equity and justice justify payment of salary and
respecting the property unlawfully required by him. additional benefits attached to the position upon the
TRUE person so designed. FALSE
12. In criminal prosecutions under the Anti-Graft and 26. The right of the appointee to enter into the public
Corrupt Practices Act, the court has no discretion or office does not become plenary and complete until
duty to determine whether preventive suspension is he satisfies the prerequisite of taking the oath office.
required. TRUE TRUE
13. Employees of the Food Terminal Incorporated (FTI), 27. The Philippines Postal Corporation is not covered by
the Bliss Development Corporation and the Duty the Civil Service Law as regards personnel
Free Philippines (DFP) are under the authority of the compensation structure and position classification in
NLRC pursuant to the Labor Code. FALSE the corporation and neither is it required to follow
14. All competitive positions belong protest by the due strictly the amounts provided in the General
trial court upon the death of the real party in Appropriations Act. TRUE
interest is proper since an election protest is 28. A person appointed by the President as Department
personal and exclusive to the protestant and the Secretary while Congress is in session cannot assume
protestee. FALSE office unless there is concurrence by the
15. All competitive positions belong to the career service Commission on Appointments. FALSE
classification. TRUE 29. A Sanggunian Bayan member is deemed to leave lost
16. The representatives of ex-officio members of his office by resignation upon his submission of his
government boards, being mere designates, are not resignation not to the Sanggunian Bayan but to the
de facto officers and therefore not entitled to Municipal Mayor and acceptance thereof by the
compensation. TRUE latter in accordance with Section 82 of its RA 7160.
17. The jurisdiction of the Sandiganbayan covers not FALSE
only high ranking government officials with salary 30. Under RA 3019, a prima facie evidence of the public
grade 27 and above but also those other lower officers unexplained wealth is a valid ground for his
ranking officers as expressly provided by law. TRUE indefinite with Section 82 of its RA 7160. TRUE
18. The corrupt practices of public officers enumerated
in Section 3 of RA 3019 prescribe in 20 years. FALSE
19. Although cases involving personnel action, including
Part II
reassignment, affecting government employees are
within the exclusive jurisdiction of the Civil Service 1.
The Governor designated her brother-in law and a
Commission (CSC), the CSC has no original second degree cousin to the positions of
jurisdiction over administrative complaints against Administrative Officer and Private Secretary,
public school teachers. TRUE respectively. The Civil Service Commissions (CSC)
20. The writ of quo warranto is always directed to an revoked the designations on the ground that these
officer as such and not against the person, hence the are nepotic in violation of E 292.However, the
public officers successor in office is bound by the Governor claims that her issuances were exceptions
judgment in quo warranto. FALSE to the rule and that what she issued to them are not
21. Non-competitive positions belong to non-career appointments, but designations, hence, they are not
service classification. FALSE covered by the rule. Decide.
22. For the effective operation of the so-called 2. Angie, who previously occupied the post Supply
rotational scheme for constitutional commissions, Officer II was appointed Chief of the General
the first commissioner should start on a common Services by City Mayor Agan. The appointment was
date and any vacancy before the expiration of the described as permanent but the Civil Service
term should be filled only for the unexplained Commission (CSC ) approved it as temporary subject
balance of the term. TRUE to final action taken in the protest filed by Supply
23. Under Section 13 or RA 3019, a public officer who is Officer III Flor. Subsequently, the CSC found Flor, the
convicted by final judgment loses all retirement or next-in-rank employee, better qualified and thus, it
gratuity benefits under any law, including the money disapproved Angies earlier permanent appointment.
value of his earned leaves. FALSE The Solicitor General, when asked by the court for
his comment, said that Angie could be validly
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replaced because her appointment was temporary
and therefore could be withdrawn at will, with or
without cause. Decide.
3. Friends Alex, Dyango and Efren are intending to run
for local elective posts in next years election and
seek your legal advise, Alex possesses both
Philippines and Canadian citizenship. Dyango is a
permanent resident in Germany, while Efren is an
ex-convict having been sentenced by final judgment
for estafa in 2001. Are they qualified to seek local
elective offices? Explain.
4. Reconcile the classification of positions in the civil
service under the Revised Administrative Code from
that under the 1987 Constitution.
5. The Agriculture Secretary, after due proceedings,
dismissed employees Troi and Noel for certain
anomalies. On appeal, the Civil Service Commission
(CSC) commuted the penalty of Troi suspension of
four months on a finding of the lesser offense of
conduct prejudicial to the service rather than grave
misconduct, while the penalty imposed on Noel was
charged to a fine equivalent to 15 days pay on a
finding of simple neglect of period of their
preventive suspension pending investigation and
during the pendency of their appeal. Decide.
6. Give at least 3 legal bases for the conduct of lifestyle
on government employees.
7. Acting on the report of the Budget Secretary that
executives of GOCCs attached to the Office of the
President were getting huge salaries and allowances,
the President sought from them a cut in their pay.
Gene President of a GOCC with a fixed term of 5
years, and Maria, Director III of the same GOCC
holding a CES rank II, refused citing the authority of
the Board under the GOCC Chapter to fix the
emoluments. Not pleased, the President demanded
Genes resignation and further effected the transfer
of Marias to another GOCC, Gene argued that the
position has the rank of Undersecretary and thus
belongs to the transfer of Maria to another GOCC,
Gene hand, Maria claimed that her unconsented
transfer violated of tenure as a career executive
officer. Decide.
Public Officers and Public Corp 18 August 2007
4th Year Atty. R.M. Elman
You have one hour and forty five minutes to finish this exam.
(The answers are not readablesorry)
I. Write your answer either True or False on your bluebook.
________1. Members of the board of directors of water
districts are prohibited under their charter, as amended, from
receiving allowances and benefits other than per diems
wheras the NAPOCOR Charter expressly grants the members
of its board the right to receive allowances apart from per
diems.
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________2. The Sangguniang Panlalawigan may change the
name of component cities and municipalities provided that
the same shall be effective only upon ratification in a
plebiscite conducted for the purpose in the political unit
directly affected.
________3. The prohibition against holding multiple
positions in public and private employment covers the
President and the members of her cabinet as well as the
members of the Senate and House of Representatives.
________4. The boundaries of a component city may be
substantially altered by an ordinance passed by the
Sangguniang Panlalawigan, subject to such requirements
prescribed in the Local Government Code.
________5. In criminal Prosecutions under the Anti-Graft and
Corrupt Practices Act, the Court must first conduct a pre-
suspension hearing before determining whether preventive
suspension is required.
________6. Voluntary renunciation of the office by the local
elective official for any length of time shall not be considered
as an interruption in the continuity of his service for the full
term for which he was elected.
________7.
_________8.
___________9. The failure of a government employee to
answer any communication received by him from the public
within 15 working days from his receipt thereof gives rise to
administrative and criminal liability.
__________10. The term fugitive from justice as a ground
for the disqualification of a person seeking to run for any
elective local position includes not only those who flee after
conviction to avoid punishment but also those who, after
being charged, flee to avoid prosecution.
__________11. The tax ordinance enacted by the local
government unit must be published for two consecutive days
in a newspaper of general circulation as required under the
Local Government Code, otherwise the same is null and void.
_________12. In an election protest involving the contested
post of Mayor, the death of the protestee Mayor will not
extinguish his counterclaim for damages against the
protestant and the protestees heirs may therefore substitute
in his place.
_________13. The rule is that local government units and
their officials are not exempt from liability for death or injury
to persons or damage to property.

_________14. A contract of lease granting fishing privileges is
a valid and binding contract but can be impaired by a
subsequent resolution setting it aside and granting the
privilege to another in the exercise of police power by the
municipal corporation.
_________15. All governors, city and municipal mayors are
prohibited from practicing their profession or engaging in any
occupation other than the exercise of their functions as local
chief executives.
_________16. An appointment issued and approved by the
Civil Service Commission subject to the availability of funds
is a conditional appointment and therefore temporary.
_________17. A municipality has the power to cause the
permanent closure of a national road by a vote of at least two
thirds of all the members of the Sanggunian under the Local
Government Code.
_________18. A rightful incumbent of a public office my
recover from a de facto officer the salary received by the
latter during the time of his wrongful tenure, even though the
de facto officer occupied the office in good faith and under
the color of title.
________19. Under the Local Government Code, prior
consultation and/or approval of the Sanggunian is needed
before a national program or project can be implemented by
government authorities in a particular local autonomy.
_________20. Under the Revised Administrative Code, the
term temporary appointment shall be 12 months unless
sooner terminated for cause by the appointing authority.
_________21. Although cases involving personnel action,
including reassignment, affecting government employees are
within the exclusive jurisdiction of the Civil Service
Commission (CSC), the CSC has no original jurisdiction over
administrative complaints against public school teachers and
professorial staff of state colleges and universities.
_________22. Administrative Order No. 18 which authorizes
the Office of the President to stay the execution of an
administrative decision pending appeal cannot prevail over
Section 68 of the Local Government Code which allows the
execution of an administrative decision pending appeal.
_________23. Balances on loans and insurance premiums
unpaid by the government retiree may be deducted from the
retirement benefits due him from the GSIS despite the well-
settled precept that retirement pay may not be applied to
indebtedness to the government.
_________24. The appointment by the President of a
Provincial Governor to serve at the pleasure of the former as
concurrent Presidential Assistant for Peace Process is
constitutional so long as the latter receives no additional
compensation and there is no incompatibility of offices.
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25. In the event that the Sangguniang fails to effect an
amicable settlement within 60 days from the date the
boundary dispute was referred thereto, any party may
elevate the matter to the proper Regional Trial Court
having jurisdiction over the disputed area.
26. A government physician may engage in the private
practice of his profession sole caveat that such practice
will not be in conflict with his official function.
27. In expropriation proceedings, the municipal corporation
cannot take immediate possession of the property
unless it makes a deposit with the court of at least 15%
of the assessed value of the property.
28. The grant to the Cultural Center of the Philippines (CCP)
of the autonomy of policy and operation under PD 15
gives a free hand to the CCP Board to initiate and
formulate policies and undertake activities subject to
the control of the President of the Philippines.
29. Police power proper, as distinguished from general
legislative power, refers to the authority of the
sangguniang to enact such ordinances as may be
necessary to carry into effect and discharge the duties
conferred upon it by law.
30. The prohibition against holding any other office as
applied to the assistants of the members of the
Cabinet does not apply to the chiefs of bureaus and
offices under the Executive branch.
31. There can be no temporary closure of local park for
cultural undertakings unless officially recognized by
the local government unit concerned.
32. A person nominated by the President as Department
Secretary while Congress is in session may not assume
office unless there is concurrence by the Commission
on Appointments.
33. What characterizes an appointment as permanent or
temporary is the nature of the position filled that is,
whether the position is classified as primarily
confidential, policy determining or highly technical.
34. A Municipal Councilor is deemed to have relinquished his
office upon submission of his resignation letter to and
acceptance thereof by the Municipal Mayor in
accordance with the Section 82 of RA 7160.
35. The validity of incorporation and corporate existence of
a municipal corporation may not be attacked
collaterally, but this rule applies only when the
municipal corporation is at least a de facto municipal
corporation.
36. A natural-born Filipino who becomes a naturalized
foreign citizen can still qualify for local elective post by
taking an oath of allegiance to the republic and

registering the certificate of repatriation with the
Bureau of Immigration and the civil registry, and no
other requirement is needed.
37. The Philippine Gamefowl Commission being under the
Executive branch and consistent with the duty to
ensure faithful observance of laws by LGUs, possesses
the power of review and regulation over ordinary
cockpits in cities and municipalities.
38. Under RA 3019, a person a prima facie evidence of the
public officers unexplained wealth is a valid ground for
his infinite administrative suspension until the
completion of the investigation.
39. Unsolicited gifts or tokens of significant value may be
accepted by the government officer from transacting
public provided it will not affect the discharge of his
official duties.
40. Estoppel cannot be applied against a municipal
corporation in order to validate a contract which the
municipal corporation has no authority to make even if
the municipal corporation has willingly accepted
benefits there under.
41. All the competitive positions belong to the career service
classification.
42. The principles of local autonomy under the 1987
Constitution does not make the local governments
sovereign with the state.
43. Employees of the Duty Free Philippines (DFP) and the
Philippine National Oil Corporation (PNOC) are under
the authority of the Civil Service Commission while the
Philippine National Construction Corporation (PNCC)
and the Food Terminal Incorporated (FTI) are under
the ambit of the Labor Code.
44. The dismissal of an election protest by the trial court
upon the death of the real party in interest is proper
since an election protest is personal and exclusive to
the protestant and the protestee.
45. All non-competitive positions are make the non-career
service classification.
46. The agents of ex-officio members of government boards
are de facto officers since they are designated by their
principals.
47. The jurisdiction of the sandiganbayan covers not only
high ranking government officials with salary grade 27
and above but also those other lower ranking officers
as expressly provided by law.
48. For the effective operation of the rotational scheme for
constitutional commissions, the first commissioner
should start on a common date and any vacancy
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before the expiration of the term should be filled only
for the unexplained balance of the term.
49. Equity and justice justify payment of salary and
additional benefits attached to the position upon the
person so designated.
50. The writ of quo warranto is always directed to an officer
as such and not against the person, hence the public
officers successor in office is bound by the judgment
in quo warranto.
51. A municipal corporation is duly- bound upon an implied
contract to pay the reasonable value of the benefits
appropriated by it as to which it has the general power
to contract.
52. Despite the Eugenio vs. CSC rating the Civil Service
Commission may effect reorganization in any of its
offices and organizational structure as the need arises
without securing prior legislative authorization and
such reorganization does not constitute illegal
removal.
53. For the effective operation of the national scheme for
constitutional commissions, the first commissioner
should start on a common date and any vacancy
before the expiration of the term should be filled only
for the unexplained balance of the term.
54. Under Section 13 of RA 3019 a public officer who is
convicted by final judgment loses all retirement or
gratuity benefits under any law excluding his earned
leave credit, and is perpetually disqualified for
reemployment in the government service.
55. The authority of any government-owned and controlled
corporation as conferred to it under its charter by
legislature, to formulate and implement its own
compensation system, including the grant of
allowances, cannot be subordinate to the authority of
the Department of Budget and Management to review
such compensation and benefits plan.
56. A non-career service personnel whose tenure of office is
fixed by law may be removed from office at the
pleasure of the appointing authority without violating
the security of tenure guarantee.
57. The head of the government office who is the final
approving authority of a questionable transaction
which has been disallowed by the COA may not be
head criminally liable under the Arias doctrine despite
the fact that he has the duty to oversee the work of
the colluding employees.
58. The Philippine Postal Corporation although covered by
the Civil Service law is empowered thru its Board of
Directors to conceptualize and institute its own
personnel compensation structure and position
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classification and it need not follow strictly the
amounts provided in the General Appropriations Act.

59. Once made executory the decision of the Sangguniang

Panlalawigan dismissing a local mayor for misconduct
and oppression is a bar to his candidacy for any
elective position, notwithstanding its pendency before
the office of the President.

60. Appointments to the start of the Civil Service

Commission are not appointment to particular
positions but rather appointments to specified public
offices.

Part II

1. a) Give at least 3 distinctions between a interim

appointments and acting appointments issued by
the President.
b) State your agreement, or disagreement, to the
statement that the issuance by the President of an
acting appointment while Congress is in session is an
impairment of the power of the Congress under Art.
VII Section 16 of the Constitution. Give reasons

2. Upon appeal of an aggrieved taxpayer to him, the

Secretary of Justice, pursuant to the Local
Government Code, declared the Revenue Code of
Quezon City void for failure to follow the procedure
for the enactment of tax ordinances and for
containing provisions that were contrary to law. The
RTC held the Justice Secretarys as unconstitutional
because it gives him control over local government
and violated the constitutional policy of local
autonomy. Decide
3. Juan and Pedro, lawyers of the government
corporations Food Terminal INC. (FTI) and the
Philippine National Oil Co. (PNOC), respectively, both
accepted employment as members of the Peoples
Law Enforcement Board (PLEB) and the Lupong
Tagapamayapa. Juan and Pedro received honoraria
from such other positions held by them. Rule the
constitutionality of the multiple positions occupied
by them and their receipt of additional emoluments.
4. On the basis of Sec. 10 Article X of the Constitution,
which grants authority to create its own sources of
revenues and to levy fees, and of Sections 234 and
534 of the Local Tax Code, which withdraw real
property tax exemptions of the government-owned
and controlled corporations, Paranaque City seeks to
impose realty taxes on the lands and buildings of the
GSIS and the Manila International Airport Authority
(MIAA). However, both GSIS and the MIAA claim that
they are exempt from such impositions. Decide with
reasons.

God bless

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