MIDTERMS EXAMINATION QUESTION

ADMINISTRATIVE LAW
Atty. Jose-Antonio T. Aliling
New Era College
College of Law

Room 304

INSTRUCTIONS
Use an Exam Booklet. Begin your answer to each numbered question on a separate page; an
answer to a subquestion under the same number may be written continuously on the same page
and succeeding pages until completed.

Answer the questions directly and concisely. Do not repeat the questions. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONAIRE.

GOOD LUCK!

I.
BASIC CONCEPTS
(40pts)

A. How do you explain the concept of Separation Powers to a lay person? (5pts)

The separation of powers simply means that legislation belongs to Congress, execution to the
executive, settlement of legal controversies to the judiciary. Basically, it means that the Legislative
Department is generally limited to the enactment of the law and not to implementation or interpretation
of the same; the Executive Department is generally limited to the implementation of the law and not to
the enactment or interpretation of the same; and the Judicial Department is generally limited to the
interpretation and application of laws in specific cases and not to the making or implementation of the
same. The purpose of separation of powers is to prevent concentration of powers in one department and
thereby avoid tyranny. Each deparnement is prevented from invading the domain of the others. But the
separation is not total. The system allows for “checks and balances” the net effect of which being that,
in general, no one department is able to act without the copperation of at least one of the other
departments.

B. What is the legal basis of the concept of Separation of Power? What provision/s of the
Constitution or Law do you see this? (5pts)

As provided in Article II of the Constitution, the Philippine Government is democratic and republican.
It follows the separation of powers, so that as provided in Articles VI, VII and VIII, it divides itself into
three branches: Legislative, Executive, and Judicial. Although these branches have their own particular
powers and functions, they form only one coherent government with a common purpose. Independent
Constitutional Commissions were also created as constitutional safeguards for the other aspects of
governance in the Philippines, such as audit of public funds, conduct of elections, and maintenance of
civil service. The intricacies of Philippine bureaucracy are laid down in the Constitution of
Government.
C. What are considered purely legislative acts? (5pts)

The discretion to determine what the law shall be is exclusively legistative and cannot be delegated.
Legislative power is the authority to make laws and to alter and repeal them. The power to issue
administrative rules and regulations is different from the power to promulgate laws. Thus, for instance,
the power to create administrative agencies, appropriation for its funds, and investigation for improper
exercise of administrative power are considered as purely legislative acts.

D. How do you differentiate a legislative act with a judicial function? (5pts)

The former is known as the power of subordinate legislation and permits the body to promulgate rules
intended to carry out the provisions of particular laws. Administrative authorities are vested with the
power to make rules and refulations because it is impractical for the lawmakers to provide general
regulations for various and varying details of management. While not proceeding directly from the
legislature, it may be considered as a legislative act because these are regarded as little laws possessed
of the same legal force and effects, or partake the nature of a statute.

On the other hand, the judicial function of administrative agencies to determine questions of fact to
which the legislative policy is to apply, in accordance with the standards laid down by the law itself.
The administrative body exercises this judicial function when it performs in a judicial manner an act
which is essentially of an executive or administrative nature, where the power to act in such manner is
incidental to, or reasonably necessary for, the performance of the executive or administrative duty
entrusted to it.

E. Can an executive agency create rules that will be applicable to people? Why or Why not?
(5pts)

Yes.

F. Is the judiciary allowed to create rules? (5pts)

Yes. The Constitution vests in the Supreme Court the power to “promulgate rule concerning the
protection and enforcement of constitutional rights, pleadings, and procedure in all courts, the
admission to the practice of law, the intgrated Bar, and legal assistance to the underprivileged. Such
rule shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights.
Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved
by the Supreme Court.” The Supreme Court is also empowered to repeal procedural laws, such as those
which prescribe the methods of enforcing rights or obtaining redress for their invasion.
G. What is the basis for the creation of the Administrative Agencies? Will this not violate the concept of
Separation of Powers? (5pts)

The administrative body may be created by the Constitution or by statute.

H. Explain the principle of Non-Delegation of Legislative Powers? (5pts)

II .
PROBLEM SOLVING
A.
PROBLEM 1 (10 pts)
On 13 March 2018, in line with his Build Build Build policy, the President issued
PRESIDENTIAL DECREE NO. 18181818, section 1 of which states:
Section 1. No Court in the Philippines shall have jurisdiction to issue any
restraining order, preliminary injunction, or preliminary infrastructure
project, or a mining, fishery, forest or other natural resource development
project of the government, or any public utility operated by the government,
including among others public utilities for the transport of the goods and
commodities, stevedoring and arrastre contracts, to prohibit any person or
persons, entity or government official from proceeding with, or continuing
the execution or implementation of any such project, or the operation of such
1
public utility, or pursuing any lawful activity necessary for such execution,
implementation or operation.
Is PD No. 18181818 valid? Why or Why not.
B.
PROBLEM 2 (10pts)
President Duterte issued executive orders creating 13 municipalities – this was
purportedly pursuant to Section 68 of the Revised Administrative Code (RAC) which
provides in part: The President may by executive order define the boundary... of
any... municipality... and may change the seat of government within any subdivision to such place
therein as the public welfare may require.
Is this valid? Why or Why not?
If what was created were barrios instead of municipalities, would this have been valid?
C.
PROBLEM 3 (20pts)
Assume you were a member of Congress, draft a short law wherein the Congress will
validly delegate to the DOTC the power to define bike lanes throughout Metro Manila
and create rule for the use of the same.