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A:
2. Q: Differentiate the rule-making power and the quasi-judicial power of administrative agencies.
A:
4. Q:
A: To limit the question of political question doctrine
(References: Marcos v. Manlapus, Daza v. Singson)
5. Q: Is a petition before the SC seeking to annul the House of Representatives expulsion of the
Congressman on the ground of disorderly behavior (inflicting physical injuries on another) valid?
A: No. It is not for the SC to interfere with the suspension of the Congressman. Only the Congress or
the HOR has the authority to determine what disorderly behavior is. This is in accordance with the
principle that the three branches are co-equal.
6. Q:
A: Preventive suspension is not the final determination of the guilt of the party. Furthermore,
7. Q: The Ombudsman filed a MTD on the ground of failure to exhaust all administrative remedies. The
petitioner, on the other hand, admitted that he failed to file a motion for reconsideration, but only
because the order was immediately executory. Should the MTD be granted?
A: No. Petitioner need not exhaust all administrative remedies as the questions raised are purely legal,
and the unreasonable delay or official inaction may cause prejudice to the petitioner who was
preventively suspended from office. These are exceptions to the general rule that the doctrine of
exhaustion of all administrative remedies shall apply.
8. Q:
A: Both offices fall under the executive department and the President has the sole power to abolish
such offices.
9. Q:
A: No. The Department Secretary cannot provide for an IRR that provides for a penalty. It is similar to
supplying the penalty for violation of the rules and regulations, which was already provided in the law
itself, which the Congress previously passed.
11. Q: Can the Maritime Industry Authority (MARINA) issue new rules and regulations governing pilotage
and service fees, and the conduct of pilots in Philippine ports without notice, hearing nor consultation
with harbor pilots or their associations?
A: No. Those who are directly affected must have the opportunity to be heard. There would be a
deprivation of property in the payment of services and fees without prior notice or consultation with the
affected parties. This would be in violation of Sec. 1, Art. III of the 1987 Constitution.
14. Q: What are the legal requisites for entering into a contract involving expenditure of public funds?
A:
15. Q:
A: The BOC has the quasi-judicial power to issue search warrants, the same being an agency of the
government.
16. Q:
A: He may appeal to the Bureau of Customs and bring the same before the Court of Tax Appeals.
17. Q: Where is judicial power vested? What are included in such power?
A: