Administrative Law Exam Midterm Ucc College of Law Zardi

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UNIVERSITY OF CALOOCAN CITY

COLLEGE OF LAW

ADMINISTRATIVE LAW
Zardi Melito D. Abellera

22 April 2021

1. What is “Administrative Law”? (5 points)

2. In view of the ruling in Macalintal v. Comelec, what would be your


advice to Congress in its desire to create a Joint Congressional Oversight
Committee? (5 points)

3. In Crisostomo v. Court of Appeals, what could have been done to


completely put into effect an abolition of the concerned agency? (5
points)

4. Discuss the inclination of Congress to delegate its legislative power to


administrative agencies. (10 points)

5. A taxpayer claims that the tax assessment made by the Bureau of


Internal Revenue against him is totally different from the computation
made by the National Bureau of Investigation. He goes to you for help.
What will be your advice to the taxpayer? (10 points)

6. Discuss the three (3) basic powers of administrative agencies. (15


points)

7. What is the source of the powers of administrative agencies? (5 points)

8. What are the express and implied powers of government agencies? (5


points)

9. A law was passed by Congress giving the Department of Justice the


discretion of whether or not to prosecute the carrying of unlicensed
firearms in Jolo, Sulu by Non-Muslims to protect themselves. Discuss
the validity of the law. (5 points)

10. What are the requirements for a proper reorganization of an


administrative agency? (5 points)
11. Does the general power of an administrative agency to regulate
automatically mean that it has the authority to prohibit? Explain. (5
points)

12. Explain the Presumption of Regularity of Performance of Functions


that is enjoyed by administrative agencies. (5 points)

13. What are the seven (7) cardinal primary rights of parties in
administrative proceedings? (5 points)

14. What is the doctrine of Primary Administrative Jurisdiction? (5


points)

15. What is the doctrine of Exhaustion of Administrative Remedies? (5


points)

16. Differentiate Legislative Rule-Making from Interpretative Rule-


Making. (5 points)

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