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Philippine Bar review · Question

Practice question: Administrative Appeal and Review

Multiple Choice Medium

Practice question

A special statute expressly directs a particular agency's final decisions to a designated appellate body. An official insists that Section 19 requires appeal to the Department head in every case. Which answer is correct?
  1. The official overlooks Section 19's express reservation for a different rule provided by law or executive order
  2. The special statute can never affect the route
  3. The losing party may ignore both routes
  4. The appellate forum is selected solely by the prevailing party
  5. The Department head may amend any statute by letter

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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