Question
Instruction: Encode your answers in the corresponding portions in this questionnaire. Answer the questions directly and concisely. Do not repeat the questions. Make sure you
Instruction: Encode your answers in the corresponding portions in this questionnaire. Answer the questions directly and concisely. Do not repeat the questions. Make sure you do not insert unnecessary answers, request, or anything not related to your answer on this questionnaire.
1.
The Professional Regulation Commission (PRC) issued a resolution as part of its "Additional Instructions to Examinees" for accountancy examination. The resolution states that an examinee can no longer attend any review class, briefing, conference or the like conducted by, or shall receive any review materials or any tip from any schools. Further, the resolution states that any examinee violating the instruction shall be sanctioned.
Kikows and the gang filed a complaint against the PRC to restrain the enforcement of the resolution issued by PRC.
A. Does the PRC, a governmental body, has the power to issue a resolution?
B. Do you think that the issued resolution is reasonable? Why or why not?
C. Explain the reasonable requirement in the rule-making power of administrative agency.
2.
Manneh acquired ownership of the parcel of lot in a subdivision of Boxing Ring Corporation by virtue of Contract to Sell. Manneh transferred the ownership to Jinkeeh. Boxing Ring Corp did not develop the subdivision to Jinkeeh stopped the payment of monthly installment. Boxing Ring Corporation rescinded the contract.
Jinkeeh now go to the National Housing Authority (NHA) to seek help. NHA decided and ordered that the contract be reinstated.
A. Is the NHA empowered to intervene in the above given problem?
B. Can the NHA decides and give order for the reinstatement of the contract of the private party?
3.
Mayor Izko issued an executive order for the creation of Two-Joints Committee. The duty of the committee is to investigate the anomalies involving the license inspectors and other personnel of the Office of the City Mayor. He appointed Bharum Bado as the chairman of the said committee.
One day, Bharum Bado issued a subpoena to Juan Dela Cruz, a mere citizen. He required Dela Cruz to appear on some dates. Dela Cruz refused to attend.Due to such refusal, Bharum Bado filed a petition against Dela Cruz for not following orders; an obstruction of administrative proceedings.
A. Is Dela Cruz liable for not following the order of the Head of the Committee?
B. Does the committee have the power to issue subpoena and ask their punishment in case of refusal?
C. Can the Mayor delegate the power of issuance of subpoena to a committee?
4.
A. What is the Rules and Regulations? What its nature?
B. Differentiate Administrative Rule from Administrative Interpretation.
5.
The Secretary of Agriculture and Natural Resources issued an Administrative Order restricting the ban against electro-fishing to fresh water fisheries. A criminal offense is charge if found in violation of the Administrative Order. Seven fisherman violated this Order. Hence, they were charged for criminal offense.
A. Is an Administrative Agency vested a power to enact a criminal statute?
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