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THIAM
PART I
ADMINISTRATIVE LAW
……Is the body of law and procedure that is created by, and governs administrative
agencies or specific parts of government. The law includes rules and regulations and
decisions made as a result of administrative hearings (The law.com)
CHAPTER I
NATURE
Sources
1. Constitutional or Statutory enactments creating administrative
bodies. (Article IX Constitutional Commissions, Administrative Code, EO
292, Social Security Act)
Administration
Internal administration covers the rules defining the relations of the public
functions inter se.
External administration defines the relation of the public office with the public
in general.
CHAPTER II
ADMINISTRATIVE AGENCIES
Definition
Nature
IF created by statute or special law, the legislature who breathed life to it can
also amend or even repeal its charter resulting in its abolition, which is
justified if made in good faith and not attended by grave abuse of discretion.
(De la Llana vs. Alba, 112 SCRA 294)
Advantages
In such a case, the Courts can review or even reverse the administrative acts
even of the President. (Montes vs. Civil Service Board of Appeals, 101 Phil. 490)
CHAPTER III
POWERS OF ADMINISTRATIVE AGENCIES
1. Definition
Authority delegated by the law-making body to adopt rules and
regulations intended to carry out the provisions of a law and implement
legislative policy.
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On the other hand, Legislative power involves the discretion on what the
law shall be and such discretion cannot be delegated.
3. Source
4. Test of Delegation
Completeness Test
All that is required for the valid exercise of this power of subordinate
legislation is that the regulation must be germane to the objects and
purposes of the law; and that the regulation be not in contradiction to,
but in conformity with, the standards prescribed by the law.16 Under the
first test or the so-called completeness test, the law must be complete in
all its terms and conditions when it leaves the legislature such that when
it reaches the delegate, the only thing he will have to do is to enforce it.
[G.R. NO. 152214 : September 19, 2006] EQUI-ASIA PLACEMENT,
INC., v. DEPARTMENT OF FOREIGN AFFAIRS (DFA) represented by
the HON. DOMINGO L. SIAZON, JR., SECRETARY, DEPARTMENT OF
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There are two accepted tests to determine whether or not there is a valid
delegation of legislative power, viz, the completeness test and the
sufficient standard test. Under the first test, the law must be complete in
all its terms and conditions when it leaves the legislature such that when
it reaches the delegate the only thing he will have to do is enforce it. 13
Under the sufficient standard test, there must be adequate guidelines or
stations in the law to map out the boundaries of the delegate's authority
and prevent the delegation from running riot.
law library
Both tests are intended to prevent a total transference of legislative
authority to the delegate, who is not allowed to step into the shoes of the
legislature and exercise a power essentially legislative. G.R. No. 76633
October 18, 1988 EASTERN SHIPPING LINES, INC., vs. PHILIPPINE
OVERSEAS EMPLOYMENT ADMINISTRATION (POEA), MINISTER OF
LABOR AND EMPLOYMENT, HEARING OFFICER ABDUL BASAR and
KATHLEEN D. SACO
1. Definition
2. Source
3. Determinative Powers
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Enabling Powers – are those that permit the doing of an act which the law
undertakes to regulate and which should be unlawful without governmental
approval. (Ex. Issuance of licenses to engage in a particular business)
Directing Powers – order the doing of particular acts to ensure compliance with
the law for corrective purposes. (Ex. Regulatory measures of the DOTC)
Some duties are rather merely ministerial which means that no judgment
of discretion is required. (Ex. Annotation of lien on a Torrens title by the
RD.)
CHAPTER IV
THE QUASI-LEGISLATIVE POWERS
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CHAPTER V
THE QUASI-JUDICIAL POWER
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a. Rules of Procedure
In Cariño vs. CHR, 224 SCRA 483, the Court made a distinction
between investigate and adjudicate, thus:
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The right to notice and hearing is essential to due process and its
non-observance will, as a rule, invalidate the proceedings.
1. The right to a hearing and to present his own case and submit
evidence in support thereof:
2. The tribunal must consider the evidence presented;
3. The tribunal must have something to support its decision;
4. The evidence must be substantial;
5. The decision must be rendered on the evidence presented at the
hearing, or at least contained in the record and disclosed to the
parties affected;
6. The tribunal must act on its or his own independent
consideration of the law and facts of the controversy, and not
simply accept the views of a subordinate in arriving at a
decision;
7. The tribunal must render its decision in such a manner that the
parties to the proceeding can know the various issues involved,
and the reasons for the decisions rendered;
4. Enforcement of Decision
5. Res Judicata
Meaning:
“In its literal meaning, res judicata refers to "a matter adjudged." This
doctrine bars the re-litigation of the same claim between the parties,
also known as claim preclusion or bar by former judgment. It
likewise bars the re-litigation of the same issue on a different claim
between the same parties, also known as issue preclusion or
conclusiveness of judgement. It "exists as an obvious rule of reason,
justice, fairness, expediency, practical necessity, and public
tranquillity.” G.R. No. 214300, July 26, 2017 PEOPLE OF THE
PHILIPPINES v. MANUEL ESCOBAR.
The rule of res judicata, which forbids the re-opening of matter once
judicially determined by competent authority apply as well to the
judicial and quasi-judicial acts of public, executive or administrative
officers and boards acting within their jurisdiction as to the
judgments of courts having general judicial powers. (San Luis vs CA,
174 SCRA 258)
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CHAPTER VI
JUDICIAL REVIEW
A. General Rule
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a. Reasons
(1) The administrative superiors, if given the opportunity,
can correct the errors committed by their subordinates
(Carale vs. Abarintos, 269 SCRA 132)
(2) Courts should as much as possible refrain from
disturbing the findings of administrative bodies in
deference to the doctrine separation of powers.
(3) On practical grounds, it is best that courts, which are
burdened enough with judicial cases, be not saddled
with the review of administrative cases (Sunville Timber
Products, Inc. vs Abad, 206 SCRA 482)
(4) Judicial review of administrative case is usually effected
through the special civil action of certiorari, prohibition
and mandamus, which are available only where there is
no other plain, adequate and speedy remedy.
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Appeal to the president was not necessary under the doctrine of Political
Agency, the acts of the secretary are his acts, the secretaries after all
being his alter ego. (Demaisip vs CA 106 Phil 237)
Tan vs Director of Forestry 125 SCRA 302, the Calo doctrine was again
reinstated stating that appeal to the president is condition precedent to
appeal to the CA under exhaustion of Administrative remedies.
“But the doctrine of qualified political agency does not apply to the
actions of heads of executive departments in the performance of their
duties as ex officio members of the various agencies or entities under the
executive department.” G.R. No. 188952, September 21, 2016,
PEÑAFRANCIA SHIPPING CORPORATION AND SANTA CLARA
SHIPPING CORPORATION, v. 168 SHIPPING LINES, INC.
s
D. Effect of Non-Compliance
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Sandiganbayan, 255 SCRA 438; DARAB vs CA, 266 SCRA 404; Carale vs
Abarintos, 269 SCRA 132)
E. Questions Reviewable
a. Questions of Fact
b. Questions of Law
PART II
ELECTION LAWS
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ARTICLE IX
A. COMMON PROVISIONS
deemed submitted for decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the rules of the Commission
or by the Commission itself. Unless otherwise provided by this
Constitution or by law, any decision, order, or ruling of each Commission
may be brought to the Supreme Court on certiorari by the aggrieved party
within thirty days from receipt of a copy thereof. cralaw
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(1) Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and recall.
(2) Exercise exclusive original jurisdiction over all contests relating to the
elections, returns, and qualifications of all elective regional, provincial,
and city officials, and appellate jurisdiction over all contests involving
elective municipal officials decided by trial courts of general jurisdiction,
or involving elective barangay officials decided by trial courts of limited
jurisdiction.
cralaw
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(3) Decide, except those involving the right to vote, all questions affecting
elections, including determination of the number and location of polling
places, appointment of election officials and inspectors, and registration
of voters. cralaw
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Section 10. Bona fide candidates for any public office shall be free from
any form of harassment and discrimination. cralaw
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