Political Law, 2011 Bar — Question 2

MULTIPLE CHOICE

Jax Liner applied for a public utility bus service from Bacolod to Dumaguete from the Land Transportation Franchising and Regulatory Board (LTFRB). BB Express opposed. LTFRB ruled in favor of Jax. BB appealed to the Secretary of the Department of Transportation and Communication (DOTC), who reversed the LTFRB decision. Jax appealed to the Office of the President which reinstated the LTFRB’s ruling. BB Express went to the Court of Appeals on certiorari questioning the decision of the Office of the President on the ground that Office of the President has no jurisdiction over the case in the absence of any law providing an appeal from DOTC to the Office of the President. Will the petition prosper? (A) No, exhaustion of administrative remedies up to the level of the President is a pre-requisite to judicial recourse. (B) No, the action of the DOTC Secretary bears only the implied approval of the President who is not precluded from reviewing the decision of the former. (C) Yes, when there is no law providing an appeal to the Office of the President, no such appeal may be pursued. (D) Yes, the doctrine of qualified political agency renders unnecessary a further appeal to the Office of the President.

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