MOCK TEST

ADMISNISTRATIVE LAW
(Midterms)
Name:_____________________________________________- Score:__________
Date:_________________
I. Instruction: Write DOG if the statement is true while CAT if the statement is FALSE. No
erasures allowed.
_________1. The principle of separation of powers “prohibits the delegation of legislative power,
the vesting of judicial officers with non-judicial functions, as well as the investing of non-judicial
powers.”
_________2. The basis of the doctrine of the separation of powers is the Constitution itself.
_________3. Administrative law is a branch of public law.
_________4. The power to make laws and the power to fix a legislative policy is vested in the
judiciary.
_________5. Administrative law deals with the activities of the executive department, legislative
department and the judiciary.
_________6. The court has the prerogative to interpret the and apply laws.
_________7. Freund defines administrative law as that system of legal principles which settles the
conflicting claims od the executive and administrative authorities on the one hand and of the
individual or the private rights on the other.
_________8. One of the origins of administrative law is statues.
_________9. Generally, the courts have the power of supervision over the proceedings and actions
of administrative departments of the government.
_________10. Court decisions is not one of the sources of administrative law.
_________11. Civil Service Commission is a Constitutional Commission.
_________12. Commission on Election is not a Constitutional Commission.
_________13. Commission on Audit was created by the Constitution.
_________14. Administration is an activity of the legislative officer of the government.
_________15. Administration has something to do with the execution of policies of the state.
_________16. A commission is an administrative agency.
_________17. A board is an administrative agency.
_________18. Judicial officers are charged with Administration of justice.
_________19. Administrative officers are charged with administration of the government.
_________20. Law operates by redness or punishment rather than prevention
_________21. Administrative agency is an organ of the government which is entrusted with the
task of enacting specific rules and regulations to effectuate the state creating it.
_________22.The legislature exercises control over administrative agencies.
_________23. Senate Blue Ribbon Committee as well as the appropriate committees in each House
of Congress play an important role in the investigation of anomalies and irregularities of the
different administration offices and agencies.
_________24. Office of the Ombudsman is a constitutional Office
_________25. Ombudsman, a Constitutional Office organized precisely to look into and investigate
any irregularity of the government officials and employees, exercise an important role in filing
appropriate criminal cases against erring government officials and employees.
_________26. Sandiganbayan takes part in the trial of complaints files by the Ombudsman.
_________27. Power to conduct investigation, including the power to carry out the provisions of
the law are essentially executive and administrative in nature. However, when it involves the
exercise of judgement and discretion, it becomes an adjudicatory power.
________28. Quasi- Legislative Power refers to the authority delegated by the law-making body to
the administrative body to make rules and regulations which are within the limits of the powers
granted to it.
________29. Quasi-judicial Power is the power of administrative agencies to resolve questions of
fact and questions of law involves in a case brought to their determination and adjudication,
provided, that its determination on question of law is subject to judicial review. The exercise of this
power is incidental to their main function which is to enforce the law and to enforce their executive
duties.
_______30. Discretionary power is the power of administrative agencies to act officially on certain
cases referred to them according to the dictates of their own judgement or conscience of others.
_______31. Ministerial Power is the power exercised in response to a duty as imposed by law and
its performance does not depend upon the discretion of the administrative agency involved or of
the executive officers performing the said powers.
_______32. Administrative agencies may conduct investigation, on its own initiative or on the
request or complaint of a party concerned.
_______33. Administrative agencies may conduct ocular inspection of the place, things, books,
records or documents in question, to fund out if there is a violation of the law.
_______34. Administrative agencies may, if allowed by the law or court order, copy any
documentary evidence of the person being investigated.
_______35. Administrative agencies may summon and require the attendance of witnesses, or the
production of the evidence needed in the course of the investigation. This power should, however,
be given by a statute.
_______36. Administrative agencies may conduct quasi-judicial hearing.
_______37. Administrative agencies may cite parties or witnesses for contempt. This power should,
however, be given by statute.
_______38. In the exercise of all the said powers, the administrative agency or official concerned
should act within the limits prescribed by law.

_______39. Findings gathered from inquiries and investigation help administrative agencies
determine their recommendations to Congress or the Executive branch on what they think is the
policy or law that is necessary considering the situation, condition or circumstances that may have
been discovered in the course of investigation.
_______40. Enabling powers are those that enable an administrative agency to do an act which the
law precisely entrusted to it.
_______41. Summary powers are those powers exercised by administrative authorities to perform
coercive measures upon persons or things without the need of securing judicial warrant.
_______42. Examining power is the power o an administrative agency to examine and inspect
books, papers, and records to investigate the activities of persons under each jurisdiction.
_______43. Dispensing power is the power if an administrative officer to grant exemption from the
performance of a general duty.
_______44. According to Roscoe Pound, Administrative law is a branch of modern law, under which
the executive department of the government, acting a quasi-legislative, quasi-judicial interferes with
the conduct of individual for the purpose of promoting the well-being of the community, as under
laws regulating public utility corporations, bureaus affected with public interest, profession, trades
and callings, rates and prices, laws for the protection of public health and public convenience and
advantage.
_______45. According to Goodnow, Administrative law is a branch of public law which fixes the
organization and determines the competencies of administrative authorities and indicates to the
individual remedies for the violation of his rights.
_______46. According to Freund, Administrative law is as that of system of legal principles which
settles conflicting claims of the executive and administrative authorities on the one hand and of the
individuals or private rights on the other.
_______47. Administrative regulations and policies enacted by administrative bodies to interpret
the law which they are entrusted to enforce have the force of law and are entitles to great respect.
They have in their favor presumption of legality.
_______48. Factual findings of administrative bodies should be accorded nit only respect but also
finality if they are supported by substantial evidence even if not overwhelming or preponderant.
_______49. Although findings of facts of an administrative agency is persuasive in courts and carries
with it a strong presumption of correctness, nonetheless, the interpretation and application of laws
is the court’s prerogative.
______50. Administrative remedies should first be exhausted before filing a petition for relief.
______51. On purely legal question, however, the aggrieved party need not to exhaust
administrative remedies. Reason: Nothing of an administrative nature is to be done or can be done
in the administrative forum.

II. Enumeration. Wrong spelling wrong

Three (3) Constitutional Commissions.

1. Commission on Audit
2. Commission on Election
3. Civil Service Commision
Three (3) branches of the government.
4. Executive
5. Legislative
6. Judiciary
Sources of Administrative Law.
7. Constitution
8. Statutes creating administrative bodies
9. Court Decisions
10. The body or rules, regulations and orders enacted by administrative agencies
Two (2) principal kinds of powers and functions administration agencies.
11. Quasi-legislative Function (Rule-making power)
12. Quasi-judicial Function (Power of Adjudication)
Three (3) other powers and functions of administrative agencies.
13. Discretionary and Ministerial powers
14. Investigatory or inquisitorial powers
15. Determinative power
Five (5) Determinative powers od administrative agencies.
16. Enabling powers
17. Directing powers
18. Dispensing powers
19. Examining powers
20. Summary powers

Three (3) How are administrative agencies created.

21. Constitution
22. Legislature in legislative enactments
23. Authority of law
Three (3) Origins of Administrative Law.
 24. Statute
25. Increase in government functions and concern
26. Necessity in government control and regulation.
Examples of Administrative agencies created by the constitution
27. Civil Service Commission
28. Commission on Audit
29. Commission on Election
Example of administrative bodies creates by the legislature through legislative enactments
30. Bureau of Customs
31. Bureau of Internal Revenue
32. National Labor Relations Commission
33. Security and Exchange Commission
34. Central Bank of the Philippines
35. National Food Authority
Example of administrative agencies create by authority of law under and by virtue of various
government reorganization acts un the process of reorganization of the executive branch of the
government.
36. The POEA was created by virtue of Executive Order NO. 797 dated May 1, 1992.
Philippine Overseas Employment Administration (POEA) took over the functions of the Overseas
Employment Division Board. In turn, Executive Order No. 247 dated July 24, 19987, granted
additional powers and functions to the POEA.
37. The Public Service Commission was created under Commonwealth Act No. 146. Said
commission is now known as the Board of Energy which was created by Presidential Decree No.
1208 dated October 6, 1977.
III. Question and answer
1. What specifically Is the power of an administrative agency when it exercises Quasi-Legislative
Power?
-It mere exercises the power to subordinate legislation which means that it can promulgate
rules and regulations intended to carry out the provisions of the law and implement legislative
policy.
2. Explain the Principle of Primary Jurisdiction
- if the case is such that its determination requires the expertise, specialized skills and
knowledge of the proper administrative bodies because of technical matters or intricate
questions of facts are involved, then relief must first be obtained in an administrative
proceeding before a remedy will be supplied by the courts even though the matter s within the
proper jurisdiction of a court.
3. What is the relationship between courts and administrative agencies?
- In general, the courts have no power of supervision over the proceedings and actions of
administrative departments of the government. This is generally true with respect to acts
involving the exercise of judgement and findings of facts.
-it may be true that the court has jurisdiction to take cognizance of a particular case. However,
of the case is such that its determination requires the expertise, specialized skills and knowledge
of the proper administrative bodies because of technical matter or intricate questions of facts
are involves, then relief must first be obtained in the administrative proceeding before a remedy
will be supplies by the court even tough the matter is within the proper jurisdiction of a court.