Apel Samplex Prelims

APEL SAMPLEX
I.
1. The doctrine of primary jurisdiction arises when a claim is originally

cognized by the courts but the enforcement of the claim or the
resolution of an issue therein is, under a regulatory scheme, lodged in
an administrative agency that ought to resolve it first by virtue of its
competence, expertise, and informed judgement. The proceeding in
the court should be suspended first, pending the resolution by the
administrative agency of the matter or claim involved.
2. The doctrine of exhaustion of administrative remedies means that

before resorting to the courts of justice, all available remedies within
the administrative sphere to resolve the issue or claim should be
resorted first. Save for few exceptions, the case will not be resolved by
the courts without the party availing first of the available
administrative remedies.
3. Quasi-judicial function is the power of administrative agencies to find

out and determine facts regarding a claim of issue and apply the rules
and regulations to the facts in order to resolve the claim. It is the
adjudicatory power of the administrative agencies which required the
concurrence of the following:
- The existence of facts, present, and future
- The existence of applicable law, rules and regulations,
- The application of these law, rules and regulations to the set of
facts in order to resolve a claim with finality.
4. The two tests are the following:

- Completeness Test pertains to the statute delegating a legislative
power that must be complete in all its terms and conditions in such
a way that when it leaves the legislature, the only thing for the
delegate to do is to implement this statute and not exercise its own
discretion or judgement.
- Sufficient Standard Test pertains to the statute that must map out
all its boundaries and the standards by which it is sought to be
enforced so that the delegate and the people to whom it will apply
will know how to conduct their affairs with regard to the statute and
the statute’s real application. This prevents the statute from
running riot.
5. A de jure officer is an officer who validly holds office, in compliance
with all the requisites and qualifications prescribed by law. A de facto
officer is an officer who holds office under a color of authority but
there is a defect in the validity of hid holding that office by virtue if
non-compliance with the requisites, a defect in the appointing
authority’s power or any other kind of defect in the validity of his title
to the office, although such defect is not known to the public.
6. An ad interim appointment is an appointment made by the president

while the Congress is in recess. Such appointment is merely temporary
in nature and may be revoked at will by the Commission on
Appointments or by the President himself. Nonetheless, this kind of
appointment is resorted to so as not to prejudice public function by
leaving public offices in hiatus or without someone to perform the
tasks. Public policy and necessity ordain this kind of appointment.
7. A public office is a public trust necessarily because public office is

conferred by the will of the people, although through the laws, to the
people whom the general public trust and believe is capable of leading
us and our nation into the way of justice, peace, and prosperity. As
such, these public officers must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty, and
efficiency, act with justice and patriotism and lead modest lives.
8. The requisites of a valid appointment are

- The appointing authority must have the power to appoint at the
same time of appointment
- The appointee must have all the qualifications required by law,
including the requisite eligibility, and none of the disqualifications
- If the appointment needs the approval of the Commission on
Appointments it must be obtained
- The appointee must have accepted the appointment
- The appointee must have taken the oath of office and must have
assumed the position or office to which he is appointed
9. Term is the period of time which an officer ought to hold office. It is

longer than the tenure. Tenure on the other hand is the period of time
which the officer actually held office. Necessarily, tenure is shorter
than term because at any time during the holding of office of the
public officer, he can be ousted from office for just causes and after
notice and hearing.
10. The entry in the Civil Service should be only through the merit
and fitness because this is our government’s antidote to what has
been a spiteful “padrino system.” This requirement of entry through
merit and fitness is precisely designed to curb the ill-practice and
hopefully secure and maintain public servants who really are serious in
public service with the required qualifications necessary for the proper
functioning of the office.
II.
I.1I would advise her that subsequent passing in the civil service sub-
professional examination does not cure or make permanent the
temporary appointment granted to her. Under the Civil Service law,
subsequent acquisition of eligibility does not make permanent what
was otherwise a temporary appointment. Another appointment, that
is, permanent appointment, should be extended to her to make it
regular or permanent.
I.2Rep. Paterno Santos’ contention is untenable. Under the Administrative

Code, the Office of the President has the power to create Martina’s
office which is tasked to gather pertinent data about drug dependents
in the country, by virtue of a valid delegation of power granted by the
Congress and the Constitution to the Executive department. Indeed,
the exigencies and complexities of the modern times has made
possible the granting to the executive department, as herein
represented by the Office of the President, such quasi-legislative and
quasi-judicial functions in order to carry into effect the mandates of
the constitution and the noble intentions of the legislature in
addressing these developments of the modern times any branch of
instrumentality of the government in performing of official functions.
This only means that the Supreme Court way still inquire into the
validity of the act of the President to determine if it was exercised
through lack or excess of jurisdiction or grace abuse of discretion.
2. Yes. The court may review the subject Resolution Decision but only to
determine whether or not there has been a grave abuse of discretion on
the part of DOJ Sec Aguirre in affirming it but not to substitute the
Court’s judgment for it. It is well within the powers of the courts of
Justice to inquire and determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part
of any branch of instrumentality of the government in the performance of
their official functions.
2.2. What justify the issuance of a writ of certiorari is the fact that from
the decision challenged act of the official, injured party has no appeal and
that there is no plain, speedy, and adequate remedy available other than
that of the writ of certiorari.
2.3. Mandamus will not lie in this case. Mandamus is a remedy resorted
to only to compel an official to act on certain matter because it is his
ministerial duty to do so required by him by the law. It does not apply
when the challenged act of the official is made in the exercise of his
discretionary power. Here, the DOJ Sec has discretion on whether or not
he will affirm the Resolution of the Provincial Prosecutor finding probable
cause. It is in exercise of his discretionary power, hence, mandamus will
not lie.
2.4. An action for prohibition is a remedy granted by the Rules of Court to

restrain and prohibit a public official from doing a threat to do an act
which is unlawful, oppressive and injuries to the rights of the parties
seeking the enforcement of this remedy.

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APEL SAMPLEX

1. The doctrine of primary jurisdiction arises when a claim is originally

2. The doctrine of exhaustion of administrative remedies means that

3. Quasi-judicial function is the power of administrative agencies to find

4. The two tests are the following:

6. An ad interim appointment is an appointment made by the president

7. A public office is a public trust necessarily because public office is

8. The requisites of a valid appointment are

9. Term is the period of time which an officer ought to hold office. It is

I.2Rep. Paterno Santos’ contention is untenable. Under the Administrative

2.4. An action for prohibition is a remedy granted by the Rules of Court to

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