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TAU MU FRATERNITY and SIGMA TAU MU SORORITY

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NFA Appeals Board which sustained the appeal and
Public Corporations Past Exams demoted Mario without any notice to him. Mario
Atty. Rodolfo M. Elman, CESO III questioned the decision of the NFA Appeals Board.
Meanwhile, Mario assumed the lower position assigned
Note: This compilation of past exams in Public Corporations to him and received the emoluments attached to said
handled by Atty. Elman is not intended to replace your lower position. The Court of Appeals ordered the
books and major references. reinstatement of Mario to his previous position and the
recovery of full back wages from Emil. Aggrieved, Emil
God bless. sought relief from the Supreme Court. Decide.
9. The schools division superintendent sought to transfer
July 30, 2004 respondent, the principal of a reputable national high
school, to a newly established high school. Respondent
1. Primo was proclaimed the winner in the mayoralty objected on the ground that under the Magna Carta of
contest. Petitioners sought to disqualify him since Primo Public School Teachers, a teacher cannot be transferred
held an immigrant visa to Canada. Primo argued that he without her consent. She also argued that her transfer to
has been a Philippine resident a year immediately a fledging school constitutes a diminution of her status.
preceding his proclamation and that by filing his Decide. (DECS vs. CA)
certificate of candidacy; he elected Philippine citizenship 10. Because of the fat salaries and allowances that GOCC
and thus forswore allegiance to Canada. Decide. executives were getting, the President sought from them
2. Because of the death of a member of the Sangguniang a cut in their pay. Abner, General Manager of a GOCC
Panlalawiagan, the Secretary of Local Government with a fixed term of 6years and Myra, Director III of the
appointed petitioner Jose to the vacancy. Jose took his same GOCC holding a CES rank IV, refused citing the
oath and assumed office. Later on, the Local authority of the Board under their own Charter to fix
Government Secretary appointed respondent Pedro to emoluments. The President demanded Abners
the same position and recalled the appointment of Jose. resignation and further effected the transfer of Myra to
Decide. another GOCC under the Office of the President. Abner
3. Discus fully the steps in the appointing process. claimed that his position has the rank of Assistant
4. The BIR Commissioner terminated the services of Lydia Secretary and thus belongs to the career service. Myra
as Director of Assessment and Audit Services and also argued that her unconsented transfer violated her
appointed Antonio as her replacement. Lydia filed a security of tenure as a career service executive service
petition questioning the title of Antonio. The trial court officer. Decide. (Note: (1) GOCC may fix salary but must
found that the termination of the services of Lydia was first seek approval from the President and the
illegal and ordered her reinstatement with payment of Department of Budget and Management. (2) Abner
full back salaries and other benefits. Lydia argued that courtesy resignation. (3) Myra CES officer)
Antonio should be held liable therefore. In the
meantime, Ligaya had succeeded Antonio who was September 18, 2004
promoted to a higher position. Decide. (Mendoza Case)
5. Petitioner, the Mayor of Digos City, terminated the 1. Cite the rules on whether or not a public officer may be
services of Angela, the Assistant Secretary to the Mayor, suspended indefinitely.
on the ground of loss of confidence. Angela protested on 2. Marie and Tony were public school teachers. They did
the ground that her position belonged to the classified not report to their classes when the public school
career service. The Mayor argued that under the CSL, teachers went on strike. They were administratively
the secretaries of the city mayors occupied primarily charged and placed under preventive suspension. Both
confidential position and Angela may thus be separated were found guilty and ordered dismissed by the
without cause. Decide. Education Secretary. The dismissal order was made
6. The Provincial Governor extended a permanent executor. On appeal, the CSC reduced the penalty of
appointment to Paulo as administrative officer. The CSC Marie to suspension for 6months and the penalty for
approved it as temporary, subject to the outcome of Tony to reprimand as his absence from work was not
Sandaras protest. The CSC found that Sandara was connected with the strike. Upon their reinstatement,
better qualified and the next-in-rank revoked the they now asked for the payment of their back salaries
appointment of Paulo and ordered the appointment of during the period of suspension pending investigation
Sandara in his place. Paulo claimed that he could not be and during the pendency of their appeal. Decide.
removed since his appointment was permanent. 3. Discuss whether or not under the Constitution a public
Sandara answered that since the appointment of Paulo officer or employee may hold any other office or
was temporary, he could be removed at any time. employment.
Decide. 4. A Municipal Mayo was charged with violation of the Anti-
7. Upon the findings of the Investigating Committee, the Graft and Corrupt Practices Act (RA 3019). He was
President of the University of the Southeastern preventively suspended pending trial conformably with
Philippines dismissed Joshua for grave misconduct. The Sec.13 of RA 3019. The case was however dismissed
CSC exonerated him ordered his reinstatement. The USP because of his death. His heirs tried to collect the
President argued that under its charter it has institutional emoluments supposedly due him during his suspension.
autonomy. Decide. Decide. (Note: No acquittal before his death.)
8. Mario was appointed Chief of the Personnel Division of 5. State the rules on the acceptance or non-acceptance of
the National Food Authority. Emil, who ranked second to gifts by public officers under Anti-Graft and Corrupt
Mario in the comparative data sheet, appealed to the

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S.Y. 2011-2012 TAU MU Academic Committee PubCorp Past Exam Compilation
TAU MU FRATERNITY and SIGMA TAU MU SORORITY
Ateneo de Davao - College of Law
www.TAUMU.org
Practices Act (RA 3019) and the Code of Conduct and it will not affect the discharge of his official duties.
Ethical Standards (RA6713). FALSE.
7. The right of the State to file a petition for the forfeiture
6. Mustapha, former Mayor of Marawi City, ran and won as of unlawfully acquired property prescribes after four
Congressman of that city. Meanwhile, for a fraudulent years from the date of resignation, separation or
contract he allegedly entered into while still a Mayor, he dismissal. TRUE
was charged with graft under RA 3019 before the office 8. Notwithstanding the pendency of an administrative
of the Ombudsman for which an information was investigation , against him, a public officer is allowed to
subsequently filed with the Sandiganbayan. During the retire from the service upon reaching the optional
pre-trial, the Sandiganbayan issued a suspension order
retirement age set by law. FALSE.
for 0days. He questioned the validity of the order
claiming that under Sec16 Art.VI of the Constitution, he 9. The failure of a government employee to respond to any
can be suspended only by Congress. Furthermore, he communication sent by the public within 15 working days
claims that the graft case did not arise from his acts as a from his receipt thereof gives rise to administrative and
Congressman and that following the AGUINALDO ruling, criminal liability under RA 6713. TRUE
he could no longer be held liable. Decide on all his 10. The Justice Secretary has the right to receive additional
contentions. remuneration for his participation in meetings of the
7. Leah entered into a conditional contract to sell with the
Judicial and Bar Council as ex officio member.
SSS involving a parcel of land belonging to the latter.
Because of the failure of Leah to pay several installments, 11. A civil service employee may accept employment as an
the SSS cancelled the contract and sold the land by public officer of a private enterprise if expressly permitted by
bidding. The property was awarded to Cindy. The law. TRUE
husband of Cindy was the chief of the Asset 12. The right to form, join or assist employees organization
Management Division of SSS. Leah assailed the award of exists for the purposes of furthering and protecting the
the land to Cindy. Decide. interests of employees and collective bargaining. FALSE.
8. A. Pedro was convicted of an offense. Will his conviction 13. A government physician may engage in the private
cause his termination from public office? Why? practice of medicine if authorized by law and such
B. Is loss of confidence as a ground for recall reviewable practice will not conflict with his official duties. TRUE
by the courts? Why?
14. The prohibition against the holding of multiple positions
9. Contractor Jose applied for a license with the Office of
by Cabinet members under the Constitution applies to
the City Engineer. The City Engineer wantonly neglected
positions occupied in an ex officio capacity as provided
to act on said application, notwithstanding Joses letters
by law and required by the primary functions of their
of inquiry which were left unanswered. Jose incurred
office. FALSE.
losses in view of the delay in its issuance. As the counsel
15. In criminal prosecutions under the Anti Graft Law, the
of Jose, what steps, if any, would you take to protect his
rights? Cite applicable laws involved. court has no discretion or duty to determine whether
preventive suspension is required. TRUE
September 24, 2005 16. A public officer can invoke in his favor laws on acquisitive
prescription and limitation of actions respecting the
Part I: True or False. property unlawfully acquired by him. FALSE.
17. The corrupt acts enumerated in Section 3 of RA 3019
1. Under RA 1379, the Ombudsman, after the conduct of prescribe in 15 years. TRUE
inquiry and a determination of probable violation of said 18. A local elective official is ineligible for an appointive
law, shall file the petition on behalf of the State for the position, unless so allowed by law or by the primary
forfeiture of property unlawfully acquired by the public functions of his office. FALSE.
officer. FALSE. 19. When a public employee is indebted to the government,
2. Government prosecutors may look into the properties in the COA may direct the head of office to withhold the
the name of the spouse and unmarried children of the payment of any money due him to satisfy such debt.
public official, as well as those of his relatives and friends FALSE.
in cases of unexplained wealth, without violating the 20. Balances on loans and insurance premiums unpaid by the
Secrecy of Bank Deposits Law. TRUE
government retiree may be deducted from the
3. All public officials and employees are required to file
under oath their Statement of Assets, Liabilities and Net retirement benefits due him from the GSIS despite the
Worth. FALSE. (true, detailed and sworn) well settled rule that retirement pay may not applied to
4. A member of the family of a public officer may accept indebtedness to the government. TRUE
employment in a private firm having a pending 21. The rule on forbidden office under Article VI Section 13
transaction with the public officer provided he does not of the Constitution does not apply to offices created by
recommend or intercede on behalf of his family member. the Constitution itself. TRUE
FALSE. (prohibited directly or indirectly)
22. The head of office as the final approving authority of
5. A director of the Water District is prohibited from
receiving other compensation than the amount provided irregular or anomalous transactions is the party
for per diems. FALSE. ultimately responsible in case of COA disallowance.
6. Unsolicited gift of small value may be accepted by the FALSE
government officer from the transacting public so long as

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S.Y. 2011-2012 TAU MU Academic Committee PubCorp Past Exam Compilation
TAU MU FRATERNITY and SIGMA TAU MU SORORITY
Ateneo de Davao - College of Law
www.TAUMU.org
23. A baseless charge alleging the Commission of a wrongful the Philippines (BSP) and as member-designate of
act by public official entitles him to the recovery of moral the Local Water Utilities Administration (LWUA), a
and exemplary damages. FALSE government corporation. Accordingly, he receives a
24. Existing civil service rules provide that government monthly honorarium from LWUA and per diems
employees are prohibited from engaging in business from BSP. Are the additional duties of Gloria
unless allowed by their department heads. TRUE constitutional and is he entitled to the above-named
25. A judge of the RTC cannot be designated to an agency emoluments? Explain.
performing quasi-judicial function to act as arbitrator 5. Isko, a temporary employee holding the item of
unless authorized by law. FALSE Inspector of the Housing and Land Use Regulatory
26. The prohibition on financial interest under the Board (HLUB), a government agency was hired by
Constitution is one that the Senator or Congressman Titan Builders, a private firm, as Project Consultant
expects to derive benefit. Thus, his spouse cannot of the latters housing construction business. Isko
borrow a commercial loan from the Development Bank assigned a foreman to manage construction activity
of the Philippines, but can obtain such loan from the allotted his time thereto only after office hours and
Philippine Veterans Bank. TRUE during non-working days. However, pending before
27. It is no defense to a ministerial officer, upon whom the the HLURB are complaints filed by several
law has imposed the positive duty of performance in homeowners associations against Titan Builders. Is
which an individual has a special and direct interest that there transgression of laws here? Explain.
he acted in good faith and with honest intention. TRUE 6. Does the doctrine of sovereign immunity from suit
28. The representative who holds a rank below Assistant apply to complaints filed against civil servants for
Secretary is not subject to strict constitutional acts done in the performance of their duties?
prohibition imposed on the Cabinet Secretary as ex- Explain.
officio member because the former is covered by a
separate constitutional proviso applicable in general to 2nd Year Final Exam
civil service employees. FALSE 17 October 2005
29. The prohibition against partisan political activity does not
apply where an employee expresses his views on Part 1
candidates for public office from whom he supports.
1. In their proprietary aspect, public corporations stand
TRUE
for the community in the administration of local
30. For the accountable officer to escape liability by reason
affairs which are wholly beyond the sphere of public
of her having acted under the direction of a superior
purposes for which its governmental powers are
officer in paying out a questionable transaction, it is
conferred. TRUE
sufficient that she verbally notifies the latter the illegality
2. Political autonomy is the transfer of power from the
of the payment. FALSE
central government to political subdivisions in order
Part II to broaden the base of government power and make
local governments more responsive and ensure their
1. Citing specific Constitutional and statutory fullest developmental as self reliant communities.
provisions, discuss the bases of the conduct of FALSE
lifestyle check by the Ombudsman. 3. No creation of a local government unit can take
2. Discuss the nature and extent of the power to effect unless approved by a majority of the voices
preventively suspend a public officer, as well as his cast in a plebiscite called for the purpose in the
right of recovery of back salaries, if any, under the political unit proposed to be created. FALSE
following laws: 4. Any tax ordinance shall be construed liberally in
a. Section 24 of the Ombudsman Act (RA 6770) favor of the municipal corporation in line with the
b. Section 63 and 68 of the Local Government policy of fiscal autonomy. FALSE
Code (RA 7160) 5. The corporate executive and at least two thirds of
c. Section 42 of the Civil Service Law (PD 807) the members of its Sanggunian unless some other
d. Section 13 of the Anti-Graft Law (RA 3019) time is fixed therefore by law or ordinance. FALSE
3. Petitioner, a policeman, was suspended because of 6. The Internal REVENUE Allotments are included in the
the criminal cases filed against him. The cases were computation of the average annual income of the
dismissed because of the desistance of the offended municipality for the purpose of determining whether
parties. He sued to recover back salaries and to the municipality may be converted into a city. TRUE
compel his reinstatement. Decide. 7. The rule disallowing collateral attack against the
4. Gloria, Secretary of the Department of Education, validity of incorporation of a municipal corporation
performs additional duties and functions as member applies only where it is least a de facto corporation.
of the National Executive Board of the Boy Scouts of TRUE

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S.Y. 2011-2012 TAU MU Academic Committee PubCorp Past Exam Compilation
TAU MU FRATERNITY and SIGMA TAU MU SORORITY
Ateneo de Davao - College of Law
www.TAUMU.org
8. In line with her constitutional power of supervision of fishery privileges in Laguna de Bay under its
which empowers the President to ensure that laws charter. FALSE
are faithfully executed, the President can set aside 22. An appeal in the administrative case against the
the decisions of the head of the local governments if local elective official prevents a decision from
the same are not in conformity with the law. FALSE becoming final or executory. TRUE
9. The lack of verification of the complaint initiated by 23. Under RA 7160, local government units and their
the Secretary of Interior and Local Government officials are not exempt from liability for the death
against a Provincial Governor is a more formal, not or injury to persons or damage to property. TRUE
jurisdictional, defect. TRUE 24. A territorial dispute between two or more adjoining
10. The Sanggunian Bayan of the municipality has the municipal corporation is best left for the courts to
power under RA 7160 to create a barangay located decide. FALSE
within its territorial jurisdiction. FALSE 25. Personal canvass of at least three suppliers is the
11. All municipalities which were organized pursuant to exception to the rule that the procurement by
Executive Orders and Presidential Decrees and municipal corporations of goods and supplies must
existing, an of the date of the effectively of the Local be made through competitive public bidding. TRUE
Government Code are already considered as regular 26. The Provincial Governor is authorized to preventively
municipalities. TRUE suspend the mayor of a highly urbanized city at
12. Acts of lasciviousness of a local elective official anytime after the issued have been joined and under
cannot be considered misconduct in office and may any of the grounds provided by law. FALSE
not be the basis of an order of suspension. TRUE 27. Properties of a municipality, whether real or
13. Courts cannot order the dissolution of municipal personal and regardless of their nature, cannot be
corporations unless this power is conferred on them attached and sold at execution sale to satisfy a
by law. TRUE money judgment against the municipality. FALSE
14. The power of eminent domain may only be exercised 28. The municipal corporation mat take immediate
by the local chief executive acting pursuant to a valid possession of the property to be expropriated
resolution passed by the Sanggunian. FALSE subject to the sole condition that there must be a
15. The validity of incorporation of a municipal deposit with the court of at least 15% of the fair
corporation may be challenged only by the State in a market value of the property based on the current
direct proceeding such as quo warranto within a tax declaration thereof. FALSE
period of four years. FALSE 29. Where the municipality fails or refuses without
16. The Prosecutors refusal to represent the justifiable reason to effect payment of a final money
municipality which itself does not have a municipal judgment rendered against it, the aggrieved party
attorney is a legal of private counsel. FALSE avail of the remedy of creational to compel the
17. The Legislature has absolute control over public enactment and approval of the necessary
revenues of the municipality except that over which appreciation ordinance. FALSE
the creditors of the municipality have already 30. The Sangguniang Panlalawigan does pot have there
acquired vested right. TRUE hority under the Local Government Code to
18. The local chief executive has the full authority under disapprove an ordinance of a component
the Local Government Code to negotiate and secure municipality authorizing the mayor to initiate
financial grants in support of basic services from expropriation proceedings. TRUE
foreign aid agencies without securing clearance from 31. A municipal corporation cannot be held on a
the national government so long as the project does contract not within the ambit of its corporate
not have any national security implication. FALSE powers, whether or not the other party hanfully
19. The principle of stopped can be applied against a carried out his part of the contract and despite that
municipal corporation to validate a contract which the municipal corporation has been benefit thereby.
the municipal corporation has no power to make if TRUE
the municipal corporation has willingly accepted 32. The filing of an appeal by the taxpayer questioning
benefits there under. FALSE the constitutionality or legality of a tax ordinance
20. Municipal corporations have control the operations has the effect of suspending the effectively of the
of a light or other like facility except that the service ordinance under RA 7160. FALSE
and rate of light facility may be subject to state 33. The permanent closure of a freedom park is not valid
regulation. TRUE without a provision in the sanggunian ordinance for
21. Consistent with the concept of devolution under RA its transfer to another location. TRUE
7160, the authority of municipalities to grant fishery 34. A municipality is liable on a contract entered on its
privileges in municipal waters is superior to the behalf by its officer who is not duly authorized if the
power conferred to the Laguna Lake Development contract is within the scope of its corporate powers
Authority (LLDA) to issue permits for the enjoyment and benefits accrue to the municipality. FALSE
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S.Y. 2011-2012 TAU MU Academic Committee PubCorp Past Exam Compilation
TAU MU FRATERNITY and SIGMA TAU MU SORORITY
Ateneo de Davao - College of Law
www.TAUMU.org
35. Even in the absence of a law or ordinance crating it, members of the Sanggunian. Defendants raise the
a municipal corporation may still exist if it is able to defense that as members of the Sanggunian acting
show its existence by reputation or long use of as a body, they cannot be held personally liable, and
corporate powers. TRUE that the suit should be directed against the city
36. A municipality may ratify a contract which it could itself. Decide.
lawfully have made at the time of such ratification
although it had no such power when the contract
was first executed. TRUE
02 September 2006
37. The operation of a lotto outlet in a municipal
corporation requires prior consultation with and 2nd Year
approval of the Sanggunian consistent with Sections
Part 1
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 1. Where there is a de jure officer, a de facto officer,
community. FALSE during his wrongful incumbency, is not entitled to
38. The State, through the legislature and the President, the emoluments attached to the office even if he
exercises the power of control over municipal occupied the office in good faith. TRUE
corporations. FALSE 2. The nature of the relation of a public officer to the
39. The proper remedy of the aggrieved partly who public is inconsistent with either a contract or
questions the dismissal of the administrative case by property right. TRUE
the Sangguniang Panlalawigan against the 3. What characterizes an appointment as permanent
respondent Municipal Mayor is a petition for or temporary is the nature of the position filled, that
certiorari and mandamus before the court. FALSE is, whether the position is classified as primarily
40. The power of the local government to contract does confidential, policy determining or highly technical.
not mean authority to enter all corporation to carry FALSE
into effect the purposes it was created. TRUE 4. The de facto doctrine was formulated not only for
the protection of the public who get involved in the
Part 2: Write your answers to the following questions in your official acts of persons discharging the duties of an
booklet. office without being lawful officers, but chiefly for
the protection of said de facto officer. FALSE
1. Shaq, an employee of the City Government of Davao,
5. Members of the board of directors of water districts
while driving a city-owned ambulance hit Kobe,
are prohibited under their charter, as amended,
causing serious physical injuries to me letter. Is the
from receiving allowances and benefits other than
city liable? Why?
per diems whereas the NAPOCOR Chapter expressly
2. May a thoroughfare be leased to market stallholders
grants the members of its board the right to receive
by virtue of a Sanggunian ordinance?Explain.
allowances apart from per diems. FALSE
3. Explain the prescribed procedure for the enactment
6. Balances on loans and insurance premiums unpaid
by the municipal corporation of a revenue measure
by the government retiree may be deducted from
and the remedy available to the taxpayer who
the retirement benefits due him from the GSIS
questions its constitutionality or legality.
despite the well-settled precept that retirement pay
4. The Municipality of Mati in Davao Oriental passed an
may not be applied to indebtedness to the
ordinance authorizing the Mayor, assisted by the
government. TRUE
police, to remove all advertising billboards displayed
7. The failure of a government employee to answer any
in the main streets. Joey, who owns and rents out
communication received by him from the public
the billboards ordered removed by the Mayor on the
within 15 working days from his receipt thereof gives
ground that these here nuisances sues Municipality
rise to administrative and criminal liability under RA
for payment of compensation and damages. Will the
6713. FALSE
suit prosper? Would you answer differently if the
8. A government engineer may engage in the private
removal of the billboards by the Mayo was for the
practice of his profession with the sole caveat that
purpose of beautification ? Explain.
such practice will not be in conflict with his official
5. May a public square be closed by a local government
functions. FALSE
unit ? Explain.
9. Unsolicited gifts or tokens of significant value may
6. Pio was granted the privilege of operating a ferry by
be accepted by the government employee from the
Basilan City for four years. After two years, however,
transacting public provided it will not affect the
Pio was ejected by virtue of a resolution adopted by
discharge of his official duties. FALSE
the defendant city councilors against the individual

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S.Y. 2011-2012 TAU MU Academic Committee PubCorp Past Exam Compilation
TAU MU FRATERNITY and SIGMA TAU MU SORORITY
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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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S.Y. 2011-2012 TAU MU Academic Committee PubCorp Past Exam Compilation
TAU MU FRATERNITY and SIGMA TAU MU SORORITY
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replaced because her appointment was temporary ________2. The Sangguniang Panlalawigan may change the
and therefore could be withdrawn at will, with or name of component cities and municipalities provided that
without cause. Decide. the same shall be effective only upon ratification in a
3. Friends Alex, Dyango and Efren are intending to run plebiscite conducted for the purpose in the political unit
for local elective posts in next years election and directly affected.
seek your legal advise, Alex possesses both
Philippines and Canadian citizenship. Dyango is a ________3. The prohibition against holding multiple
permanent resident in Germany, while Efren is an positions in public and private employment covers the
ex-convict having been sentenced by final judgment President and the members of her cabinet as well as the
for estafa in 2001. Are they qualified to seek local members of the Senate and House of Representatives.
elective offices? Explain.
________4. The boundaries of a component city may be
4. Reconcile the classification of positions in the civil
substantially altered by an ordinance passed by the
service under the Revised Administrative Code from
Sangguniang Panlalawigan, subject to such requirements
that under the 1987 Constitution.
prescribed in the Local Government Code.
5. The Agriculture Secretary, after due proceedings,
dismissed employees Troi and Noel for certain ________5. In criminal Prosecutions under the Anti-Graft and
anomalies. On appeal, the Civil Service Commission Corrupt Practices Act, the Court must first conduct a pre-
(CSC) commuted the penalty of Troi suspension of suspension hearing before determining whether preventive
four months on a finding of the lesser offense of suspension is required.
conduct prejudicial to the service rather than grave
misconduct, while the penalty imposed on Noel was ________6. Voluntary renunciation of the office by the local
charged to a fine equivalent to 15 days pay on a elective official for any length of time shall not be considered
finding of simple neglect of period of their as an interruption in the continuity of his service for the full
preventive suspension pending investigation and term for which he was elected.
during the pendency of their appeal. Decide.
________7.
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 _________8.
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
___________9. The failure of a government employee to
years, and Maria, Director III of the same GOCC
answer any communication received by him from the public
holding a CES rank II, refused citing the authority of
within 15 working days from his receipt thereof gives rise to
the Board under the GOCC Chapter to fix the
administrative and criminal liability.
emoluments. Not pleased, the President demanded
Genes resignation and further effected the transfer __________10. The term fugitive from justice as a ground
of Marias to another GOCC, Gene argued that the for the disqualification of a person seeking to run for any
position has the rank of Undersecretary and thus elective local position includes not only those who flee after
belongs to the transfer of Maria to another GOCC, conviction to avoid punishment but also those who, after
Gene hand, Maria claimed that her unconsented being charged, flee to avoid prosecution.
transfer violated of tenure as a career executive
officer. Decide. __________11. The tax ordinance enacted by the local
government unit must be published for two consecutive days
Public Officers and Public Corp 18 August 2007 in a newspaper of general circulation as required under the
4th Year Atty. R.M. Elman Local Government Code, otherwise the same is null and void.
You have one hour and forty five minutes to finish this exam.
_________12. In an election protest involving the contested
(The answers are not readablesorry) post of Mayor, the death of the protestee Mayor will not
extinguish his counterclaim for damages against the
I. Write your answer either True or False on your bluebook.
protestant and the protestees heirs may therefore substitute
________1. Members of the board of directors of water in his place.
districts are prohibited under their charter, as amended, from
_________13. The rule is that local government units and
receiving allowances and benefits other than per diems
their officials are not exempt from liability for death or injury
wheras the NAPOCOR Charter expressly grants the members
to persons or damage to property.
of its board the right to receive allowances apart from per
diems.

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_________14. A contract of lease granting fishing privileges is 25. In the event that the Sangguniang fails to effect an
a valid and binding contract but can be impaired by a amicable settlement within 60 days from the date the
subsequent resolution setting it aside and granting the boundary dispute was referred thereto, any party may
privilege to another in the exercise of police power by the elevate the matter to the proper Regional Trial Court
municipal corporation. having jurisdiction over the disputed area.

_________15. All governors, city and municipal mayors are 26. A government physician may engage in the private
prohibited from practicing their profession or engaging in any practice of his profession sole caveat that such practice
occupation other than the exercise of their functions as local will not be in conflict with his official function.
chief executives.
27. In expropriation proceedings, the municipal corporation
_________16. An appointment issued and approved by the cannot take immediate possession of the property
Civil Service Commission subject to the availability of funds unless it makes a deposit with the court of at least 15%
is a conditional appointment and therefore temporary. of the assessed value of the property.

_________17. A municipality has the power to cause the 28. The grant to the Cultural Center of the Philippines (CCP)
permanent closure of a national road by a vote of at least two of the autonomy of policy and operation under PD 15
thirds of all the members of the Sanggunian under the Local gives a free hand to the CCP Board to initiate and
Government Code. formulate policies and undertake activities subject to
the control of the President of the Philippines.
_________18. A rightful incumbent of a public office my
recover from a de facto officer the salary received by the 29. Police power proper, as distinguished from general
latter during the time of his wrongful tenure, even though the legislative power, refers to the authority of the
de facto officer occupied the office in good faith and under sangguniang to enact such ordinances as may be
the color of title. necessary to carry into effect and discharge the duties
conferred upon it by law.
________19. Under the Local Government Code, prior
consultation and/or approval of the Sanggunian is needed 30. The prohibition against holding any other office as
before a national program or project can be implemented by applied to the assistants of the members of the
government authorities in a particular local autonomy. Cabinet does not apply to the chiefs of bureaus and
offices under the Executive branch.
_________20. Under the Revised Administrative Code, the
term temporary appointment shall be 12 months unless 31. There can be no temporary closure of local park for
sooner terminated for cause by the appointing authority. cultural undertakings unless officially recognized by
the local government unit concerned.
_________21. Although cases involving personnel action,
including reassignment, affecting government employees are 32. A person nominated by the President as Department
within the exclusive jurisdiction of the Civil Service Secretary while Congress is in session may not assume
Commission (CSC), the CSC has no original jurisdiction over office unless there is concurrence by the Commission
administrative complaints against public school teachers and on Appointments.
professorial staff of state colleges and universities.
33. What characterizes an appointment as permanent or
_________22. Administrative Order No. 18 which authorizes temporary is the nature of the position filled that is,
the Office of the President to stay the execution of an whether the position is classified as primarily
administrative decision pending appeal cannot prevail over confidential, policy determining or highly technical.
Section 68 of the Local Government Code which allows the
execution of an administrative decision pending appeal. 34. A Municipal Councilor is deemed to have relinquished his
office upon submission of his resignation letter to and
_________23. Balances on loans and insurance premiums acceptance thereof by the Municipal Mayor in
unpaid by the government retiree may be deducted from the accordance with the Section 82 of RA 7160.
retirement benefits due him from the GSIS despite the well-
settled precept that retirement pay may not be applied to 35. The validity of incorporation and corporate existence of
indebtedness to the government. a municipal corporation may not be attacked
collaterally, but this rule applies only when the
_________24. The appointment by the President of a municipal corporation is at least a de facto municipal
Provincial Governor to serve at the pleasure of the former as corporation.
concurrent Presidential Assistant for Peace Process is
constitutional so long as the latter receives no additional 36. A natural-born Filipino who becomes a naturalized
compensation and there is no incompatibility of offices. foreign citizen can still qualify for local elective post by
taking an oath of allegiance to the republic and
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registering the certificate of repatriation with the before the expiration of the term should be filled only
Bureau of Immigration and the civil registry, and no for the unexplained balance of the term.
other requirement is needed.
49. Equity and justice justify payment of salary and
37. The Philippine Gamefowl Commission being under the additional benefits attached to the position upon the
Executive branch and consistent with the duty to person so designated.
ensure faithful observance of laws by LGUs, possesses
the power of review and regulation over ordinary 50. The writ of quo warranto is always directed to an officer
cockpits in cities and municipalities. as such and not against the person, hence the public
officers successor in office is bound by the judgment
38. Under RA 3019, a person a prima facie evidence of the in quo warranto.
public officers unexplained wealth is a valid ground for
his infinite administrative suspension until the 51. A municipal corporation is duly- bound upon an implied
completion of the investigation. contract to pay the reasonable value of the benefits
appropriated by it as to which it has the general power
39. Unsolicited gifts or tokens of significant value may be to contract.
accepted by the government officer from transacting
public provided it will not affect the discharge of his 52. Despite the Eugenio vs. CSC rating the Civil Service
official duties. Commission may effect reorganization in any of its
offices and organizational structure as the need arises
40. Estoppel cannot be applied against a municipal without securing prior legislative authorization and
corporation in order to validate a contract which the such reorganization does not constitute illegal
municipal corporation has no authority to make even if removal.
the municipal corporation has willingly accepted
benefits there under. 53. For the effective operation of the national scheme for
constitutional commissions, the first commissioner
41. All the competitive positions belong to the career service should start on a common date and any vacancy
classification. before the expiration of the term should be filled only
for the unexplained balance of the term.
42. The principles of local autonomy under the 1987
Constitution does not make the local governments 54. Under Section 13 of RA 3019 a public officer who is
sovereign with the state. convicted by final judgment loses all retirement or
gratuity benefits under any law excluding his earned
43. Employees of the Duty Free Philippines (DFP) and the leave credit, and is perpetually disqualified for
Philippine National Oil Corporation (PNOC) are under reemployment in the government service.
the authority of the Civil Service Commission while the
Philippine National Construction Corporation (PNCC) 55. The authority of any government-owned and controlled
and the Food Terminal Incorporated (FTI) are under corporation as conferred to it under its charter by
the ambit of the Labor Code. legislature, to formulate and implement its own
compensation system, including the grant of
44. The dismissal of an election protest by the trial court allowances, cannot be subordinate to the authority of
upon the death of the real party in interest is proper the Department of Budget and Management to review
since an election protest is personal and exclusive to such compensation and benefits plan.
the protestant and the protestee.
56. A non-career service personnel whose tenure of office is
45. All non-competitive positions are make the non-career fixed by law may be removed from office at the
service classification. pleasure of the appointing authority without violating
the security of tenure guarantee.
46. The agents of ex-officio members of government boards
are de facto officers since they are designated by their 57. The head of the government office who is the final
principals. approving authority of a questionable transaction
which has been disallowed by the COA may not be
47. The jurisdiction of the sandiganbayan covers not only
head criminally liable under the Arias doctrine despite
high ranking government officials with salary grade 27
the fact that he has the duty to oversee the work of
and above but also those other lower ranking officers
the colluding employees.
as expressly provided by law.
58. The Philippine Postal Corporation although covered by
48. For the effective operation of the rotational scheme for
the Civil Service law is empowered thru its Board of
constitutional commissions, the first commissioner
Directors to conceptualize and institute its own
should start on a common date and any vacancy
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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