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Philippine Bar review · Question

Practice question: Administrative Appeal and Review

Multiple Choice Hard

Practice question

A perfected administrative appeal is governed by Section 21. No statute directs execution, but the appellate agency issues a proper direction for execution pending appeal after considering the case's nature and circumstances and finding it just. The appellant argues that a stay can never be lifted because the default rule mentions one. Which answer is correct?
  1. The argument ignores Section 21's express authority for that qualified direction
  2. The stay is absolute regardless of the provision's remaining text
  3. The appellate agency must first reverse the Constitution
  4. Execution pending appeal means the appellant has already won
  5. Every initial agency clerk may disregard a stay without appellate action

Legal references

  • Executive Order No. 292, Administrative Code of 1987, Book VII, Chapter 4, Sections 19–23, administrative appeal in contested cases: https://lawphil.net/executive/execord/eo1987/eo_292_1987.html

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