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PART I
Notes on
Administrative Law
defined.
Part of public law which fixes the organization
and determines the competence of the
administrative authorities, and indicates to the
individual remedies for the violation of his rights.
(Goodnow)
The law that governs the organization, functions
and procedures of administrative agencies of the
government to which quasi-legislative powers
are delegated and quasi-judicial powers are
granted, and the extent and the manner to
which such agencies are subject to control by
the courts. (SEC v. Chenery Corp. 332 US 194)
3
Kinds
1. Statutes setting up administrative
authorities.
2. Rules, regulations or orders of such
administrative
authorities
promulgated
pursuant to the purposes for which they are
created.
3. Decisions or orders of such administrative
authorities made in the settlement of
controversies arising in their particular fields.
4. Body of doctrines and decisions dealing with
the creation, operation and effect of
determinations and regulations of such
administrative authorities.
4
Briefly:
Administrative Law consists of
pertinent
provisions
of
the
Constitution,
special
legislations
creating specialized agencies, the
1987 Administrative Code and
provisions
of
the
Revised
Administrative Code which are not
inconsistent with those of the 1987
Code.
5
public office
Administrative
agencies,
boards
and
commissions are public office.
Public Office refers to the right, authority and
duty, created and conferred by law, by which,
for a given period either fixed by law or
enduring at the pleasure of the appointing
power, an individual is invested with some
portion of the sovereign functions of
government, to be exercised by that
individual for the benefit of the public.
(Fernandez vs. St. Tomas, 248 SCRA 194; 1995)
7
10
ADMINISTRATIVE ORGANIZATION
CONSTITUTION/Admin. Code of 1987:
Legislative power Congress
Executive power President
Judicial Power Supreme Court and
such lower courts established by law
Independent Constitutional Commissions
Office of President/Departments (DFA,
DOF, DOJ, DA, DPWH, DepEd, DOLE,
DND, DOH, DTI, DAR, DILG, DOT, DOTC,
DSWD, DBM, DOST)
12
power to reorganize
The legislature usually exercises the power to
create or abolish by delegating it to the President.
The means by which the legislature makes the
delegation is by authorizing reorganization.
REORGANIZATION
is
the
process
of
restructuring the bureaucracys organizational and
functional set-up, to make it more viable in terms
of the economy, efficiency, effectiveness and
make it more responsive to the needs of its public
clientele as authorized by law. (Simon v. CSC, 215
SCRA 410; 1992)
14
EXECUTIVE POWER:
Executive power shall be vested in the President of the
Philippines. (Art. VII, Sec. 1, Constitution)
i.e., the power of control over all executive
departments, bureaus and offices, the power to
execute the laws, the appointing power, the powers
under the commander-in-chief clause, the power to
grant reprieves, commutations and pardons, the
power to grant amnesty with the concurrence of
Congress, the power to contract or guarantee foreign
loans, the power to enter into treaties or international
agreements, the power to submit the budget to
Congress, the power to address Congress (Art. VII, Secs.
14-23)
15
Limitations on the
Presidents Control Power
1. The abolition or creation of an executive office;
2. The suspension or removal of career executive
officials or employees without due process of
law; and
3. The setting aside, modification, or supplanting
of decisions of quasi-judicial agencies,
including that of the OP, on contested cases
that have become final pursuant to law or to
rules and regulations promulgated to
implement the law.
17
Presidents Power of
Supervision:
Presidential
power
over
local
governments is limited by the
Constitution to the exercise of general
supervision to ensure that local affairs
are administered according to law.
(Taule v. Santos, 200 SCRA 512, 1991)
Presidential Issuances--
Presidential issuances-- 2
Administrative Order act of the president relating to
particular aspect of government operation
Proclamation act of the President fixing a date or
declaring a statute or condition of public moment or
interest
Memorandum Order - act of president on matters of
administrative detail or of temporary interest which
concern a particular officer or office.
Memorandum Circular act of the president on matters
relating to internal administration which the president
desires to bring to the attention of all or some
departments, agencies, or offices.
General or specific order - act and command of the
President in his capacity as Commander-in-chief of
the AFP
20
Delegation of Power
Accordingly, with the growing complexities of
modern life, the multiplication of the subjects of
governmental regulations, and the increased
difficulty of administering the laws, the rigidity of
the theory of separation of governmental powers
has, to a large extent, been relaxed by permitting
the delegation of greater powers by the legislature
and the vesting of larger amount of discretion in
administrative and executive agencies and
officials, not only in the execution of laws but also
in the promulgation of certain rules and regulations
and the adjudication of claims and disputes
calculated to promote public interest. (Calalang v
Williams, 70 Phil 726, 1940)
22
FUNCTIONS
QUASI-LEGISLATIVE
RULE-MAKING
QUASI-JUDICIAL
INVESTIGATIVE
INCIDENTAL
DETERMINATIVE
EXPRESS
as so provided by law
IMPLIED
MINISTERIAL
DISCRETIONARY
MANDATORY
must/shall
DIRECTORY
may
24
Presumption of Regularity.
The legal presumption is that official duty has
been duly performed. This presumption is
particularly strong as regards administrative
agencies vested with powers which are quasijudicial in nature, in connection with enforcement of
laws affecting particular fields of activity, the
proper regulation and/or promotion of which
requires a technical or special training, aside from a
good knowledge and grasp of the over all
conditions, relevant to said fields, obtaining in the
nation. For this reason, unless there is absolutely no
evidence to support its decision or finding of such
evidence is clearly, manifestly and patently
insubstantial, findings of fact of an administrative
agency are accorded respect and finality. Sanders v.
Veridiano II, 162 SCRA 88 (1988)
29
implementing
regulations.
or rulepromulgate
rules
and
Quasi-judicial or adjudicatory
power interpret and apply
such regulations.
30
Investigatory Power
Inspect and examine
Require attendance of witnesses,
testimony and produce evidence
Hearing (although not necessary party)
Contempt proceeding
compel
31
Rule-making powers
This is the exercise of delegated
legislative power, involving no discretion
as to what the law shall be, but merely
the authority to fix the details in the
execution or enforcement of a policy set
out in the law itself. (ex. Implementing
Rules & Regulations, LOI, Executive
Orders)
32
Rule-making2
REQUISITES OF VALIDITY:
1.It must be issued on the authority of law;
2.Not contrary to law and Constitution;
3.Reasonable;
4.Publication.
WITH PENAL PROVISIONS:
The law must itself declare as punishable the
violation of the rule or regulation;
The law shall define or fix the penalty for the
violation of the rule or regulation; and
The rule must be published in the Official
Gazette.
33
ADJUDICATORY POWERS
Proceedings partake of the nature of
judicial proceedings. Administrative
body is granted the authority to
promulgate its own rules of procedure.
Requisites of procedural due process
must be complied with.
34
administrative procedure
Each quasi-judicial body has its own rules
of procedure, subject to Supreme Court
modification;
Procedure under 1987 Administrative Code
and Rules of Court suppletory;
Technical rules not applicable;
Case must be justiciable controversy;
No forum shopping
Substantial evidence required
35
Right to a hearing;
Tribunal must consider evidence presented;
Decision must have something to support itself;
Evidence must be substantial;
Decision must be based on the evidence adduced at the
hearing or at least contained in the record and disclosed
to the parties;
The Board or its judges must act on its or their
independent consideration of the facts and the law of
the case, and not simply accept the views of a
subordinate in arriving at a decision;
Decision must be rendered in such a manner that the
parties to the controversies can know the various issues
involved and the reasons for the decision rendered.
36
EXHAUSTION OF ADMINISTRATIVE
REMEDIES
DOCTRINE:
Whenever there is an available
administrative remedy provided by
law, no judicial recourse can be
made until all such remedies have
been availed of and exhausted.
38
Corollary Principles
Doctrine of Prior Resort (aka) primary
administrative jurisdiction. No resort to
court until such administrative body shall
have acted upon the matter.
Doctrine of finality of administrative
action. No resort to court allowed unless
the administrative action has been
completed and there is nothing left to be
done in the administrative structure.
40
EXCEPTIONS:
Doctrine of Exhaustion of Administrative
Remedies is not a hard and fast rule, subject
to limitations and exceptions:
Doctrine of Qualified Political Agency: when
the respondent is a department secretary
whose acts, as an alter ego of the President,
bears the implied approval of the latter;
Where there is violation of due process.
When the issue involved is purely a legal
question;
When the administrative body is in estoppel;
When it would amount to a nullification of a
claim;
42
Exceptions--2
When the act complained of is patently
illegal and amounts to lack or excess of
jurisdiction;
When
to
require
exhaustion
of
administrative
remedy
would
be
unreasonable;
When irreparable damage will be
suffered;
When strong public interest is involved;
When the claim involved is small;
When the subject matter is a private land
in land case proceedings;
43
Exceptions--3
When there are circumstances indicating
the urgency of judicial intervention and
unreasonable delay would greatly prejudice
the complainant;
When no administrative review is provided
by law;
When there is no other plain, speedy and
adequate remedy;
When the issue of non-exhaustion of
administrative remedies has been rendered
moot and academic;
In quo warranto proceedings.
44
JUDICIAL REVIEW OF
ADMINISTRATIVE DECISIONS
Rule: Except when the constitution requires or allows
it, judicial review may be granted or withheld as
Congress chooses. Thus, the law may provide that
a determination made by an administrative agency
shall be final and ir-reviewable. In such a case,
there is no violation of due process.
BASES OF JUDICIAL REVIEW:
1. CONSTITUTION
2. STATUTES
3. GENERAL PRINCIPLES OF LAW.
46
BASIC APPROACH
TO JUDICIAL REVIEW
Questions of law or validity are for the Court,
while questions of fact, policy or discretion
are determined by the administrative agency.
It is well settled rule that findings of facts on
executive decisions in matters within their
jurisdiction are entitled to respect from the
courts in the absence of fraud, collusion, or
grave abuse of discretion.
47
METHODS OF REVIEW
Direct or collateral: damage suits, etc.
Statutory:
declaratory relief
appeal
injunction
declaratory judgment
Non-statutory:
certiorari
mandamus
quo warranto
prohibition
habeas corpus
51
52
PART II
NOTES ON
53
CHARACTERISTICS OF A PUBLIC
OFFICE.
PUBLIC OFFICE IS A PUBLIC TRUST (created in the
interest and for the benefit of the public.)
Public officers and employees must at all times be
accountable to the people, serve them with utmost
responsibility, integrity, loyalty and efficiency, act
with patriotism and justice, and lead modest lives.
(Sec. 1, Art. XI, Constitution).
56
PUBLIC OFFICER.
Public Officer includes elective and
appointive officials and employees,
permanent or temporary, whether in the
classified or unclassified or exempt service
receiving compensation, even nominal, from
the government. [RA 3019, Sec. 2 (a) and (b)]
Public officials includes elective and appointive
officials and employees, permanent or
temporary, whether in the career or non-career
service, including military and police personnel,
whether or not they receive compensation,
regardless of amount. (Section 3(b) , RA 6713)
57
ELECTIVE OFFICIALS:
Elective National Officials whose offices are
created by the Constitution include the President,
Vice President, Senators, and Congressmen. All
other elective officials are local officials.
APPOINTIVE OFFICIALS:
The appointive officers whose positions are
created by the Constitution include the Chief
Justice of the Supreme Court and Associate
Justices, the Chairmen and Members of the
Constitutional Commissions (CSC, COMELEC,
COA) and the Ombudsman and his deputies.
58
CLASSIFICATION OF OFFICERS:
EXECUTIVE, LEGISLATIVE and JUDICIARY.
EXECUTIVE: tasked with execution and enforcement
of laws
President, Governors and City and Muncipal Mayors.
LEGISLATIVE: primary function is to enact laws or
ordinances.
Members of Congress and local Sangguniang
Panlalawigan, Panglungsod and Pangbayan.
JUDICIARY: exercise judicial power
Justices of the Supreme Court and other Judges of
lower rank.
59
Not covered by
Civil Service Law
Not covered by the civil service law are
government and controlled corporations
organized under the Corporation Code
because they are covered under the Labor
Code. Those with original charters (by direct
legislative creation), are covered by the civil
service laws. (Gamogamo v. PNOC Shipping
and Transit Corporation, 381 SCRA 742)
62
APPOINTMENT OF PUBLIC
OFFICERS
Appointment is one of the means by
which a person may claim a right to a public office.
The term appointment means the selection by the
authority vested with the power of an individual
who is to exercise the functions of a given office.
(Binamira v. Garrucho, 188 SCRA 154, 1990)
To entitle a public officer to hold a public
office, he must possess all the qualifications and
none of the disqualifications prescribed by law for
the position not only at the time of his election or
appointment, but also during his incumbency.
63
Other
Limitations:
The President can only appoint Members of the Supreme Court
Powers
and
Functions:
Coverage:
The civil service shall embrace all branches,
subdivisions, instrumentalities, and agencies of the
Government, including government-owned or controlled
corporations with original charters. Government-owned or
controlled corporations with original charters are those
organized pursuant to special laws or charters enacted by
Congress. Government-owned or controlled corporations
which are organized under the Corporation Code of the
Philippines, whose shares of stock are owned or
controlled by the government or by corporations with
original charters, fall outside the coverage of the civil
service laws. Appointments in the civil service shall be
made only according to merit and fitness to be
determined, as far as practicable, except appointments to
positions which are policy-determining, primarily
confidential, or highly technical, by competitive
examination.
69
REQUISITES OF APPOINTMENT:
An appointment, to be valid, requires that the appointing
authority be vested with the power to make the appointment
at the time of the appointment is made; the appointee
possesses all the qualifications, including appropriate civil
service eligibility, and none of the disqualifications
prescribed by law for the position; the position is vacant; the
appointment has been approved by the Civil Service
Commission; and the appointee accepts the appointment
by taking the oath and entering the discharge of his office. If
any one of the requisites is lacking, the appointment is
invalid and the officer, who assumes and discharges the
functions thereof, may only be considered a de facto officer.
(Conde v National Tobacco Corp., 1 SCRA 118, 1961)
70
OPPOSITION TO APPOINTMENT
Any person aggrieved by the appointment of a person
may file a protest against the appointment. The protest
must, however, be for a cause. The cause must be based
on the following grounds: (1) that the appointee is not
qualified; (2) that the appointee is not the next-in-rank;
and (3) in the case of appointment by transfer,
reinstatement or by original appointment, that the
protestant is not satisfied with the written special reason
or reasons given by the appointing authority. The fact that
the protestant is more qualified than the protestee in
terms of education, experience and training does not fall
within the meaning of for cause, which would warrant
the revocation of the appointment. ( Aquino v. CSC, 208
SCRA 240, 1992)
72
REVOCATION
OR RECALL
Revocation of an appointment,
to be OF
successful, must be
made before the appointment is completed or before its
APPOINTMENT
Exception: Revocation of
appointment
Where an office is removable at the will of
the executive the circumstance which completes
his appointment is of no concern because such
act is at any time revocable; and the commission
may be arrested if still in the office. But when the
officer is not removable at the will of the
executive, the appointment is not revocable and
cannot be annulled. It has conferred legal rights
which cannot be revoked.
74
REINSTATEMENT
Technically, it is the issuance of a new appointment which is essentially
discretionary, to be performed by the officer in which it is vested
according to his best lights, the only condition being that the appointee
should possess the qualifications required by law.
75
APPOINTMENT
OFisNEXT-IN-RANK
A qualified next-in-rank
an employee appointed on a
76
DE FACTO OFFICER
SECURITY OF TENURE
AND DISCIPLINARY ACTIONS
SECURITY OF TENURE.
No officer or employee of the Civil Service shall
be removed or suspended except for cause as
provided by law and after due process.
DISCIPLINARY ACTION
A disciplinary action is a proceeding which seeks
the imposition of disciplinary sanction against, or
the dismissal or suspension of, a public officer or
employee on any of the grounds prescribed by
law after due hearing.
78
82
Misconduct:
Misconduct means intentional
wrongdoing or deliberate violation of a rule
of law or standard of behavior, especially
by a government official. Maguad v. de Guzman,
A.M. No. P-94-1015,March 29, 1999, 305 SCRA 469
83
Grave Misconduct:
In grave misconduct, the acts complained of are corrupt or
inspired by an intention to violate the law, or constitute a
flagrant disregard of well-known legal rules. It is a
transgression of some established and definite rule of action,
a forbidden act, a dereliction of duty, willful in character and
implies wrongful intent and not a mere error in judgment.
[Baquero v. Sanchez, etc., A.M.No.P-051974 April 6, 2005]
Corruption as an element of grave misconduct consists in the
act of an official or fiduciary person who unlawfully and
wrongfully uses his station or character to procure some
benefit for himself or for another persons, contrary to duty
and the rights of others. (Civil Service Commission v.
Belagan, G.R. No. 132164, October 19, 2004 citing Blacks
Law Dictionary, p. 345)
84
85
upon the will of every complainant, who may, for one reason
or another, condone a detestable act, the disciplining
authority or the court will be stripped of its disciplining
power and subvert fair and prompt administration of justice .
(Estreller v. Mantad, 268 SCRA 608, 1997; Jacob v. Tambo, 158 SCAD 135,
2001)
86
other cases the decision shall become final after the expiration
of 10 days from receipt thereof by the respondent, unless a
motion for reconsideration or a petition for review is filed with
the Court of Appeals pursuant to Rule 43 of the Rules of Court.
(Fabian v. Ombudsman, 295 SCRA 470, 1998)
87
90
91
92
93
CRIME OF PLUNDER
VIOLATION OF CODE OF CONDUCT FOR PUBLIC OFFICIALS
TRANSFER OF UNLAWFULLY ACQUQIRED PROPERTY
VIOLATION OF RIGHT TO COUNSEL
VIOLATION OF CIVIL SERVICE LAW
FAILURE TO PUBLICIZE MONTHLY COLLECTIONS AND
DISBURSEMENTS
ENGAGING IN PROHIBITED BUSINESS TRANSACTIONS OR
POSSESSION OF ILLEGAL INTEREST
OMISSION TO MAKE PROPERTY ASSESSMENT OR TAX ROLLS
FAILURE TO DISPOSE OF DELINQUENT REAL PROPERTY AT
PUBLIC AUCTION
PROHIBITED ACTS RELATED TO AWARD OF CONTRACTS
Others
95
THANK YOU.
TAKE A BREAK.
97
PART III
NOTES ON
LAW ON ELECTIONS
98
ELECTION
Is the embodiment of the popular will, the
expression of the sovereign power of the
people. It involves the choice or selection
of candidates to public office by popular
vote.
100
COMELEC
The Constitution vests in the COMELEC
the power to enforce and administer all
laws and regulations relative to the
conduct of an election, plebiscite,
initiative, referendum and recall for the
purpose of ensuring free, orderly and
honest elections.
101
ELIGIBILITY OF CANDIDATES
Qualifications:
President and VIP natural born citizen,
registered voter, able to read and write, at
least 40 years old on the day of election,
and a resident of the Philippines for at least
10 years immediately preceding such
election. (Sec. 2 & 3, Art. VII, Constitution)
102
103
Age requirement:
Citizenship Qualification:
President, VP, Congress natural born
citizens those citizens of the Philippines
from birth without having to perform any
act to acquire or perfect their Philippine
citizenship.
Elective Local Official either natural born
or naturalized citizen.
105
Residence Requirement
For an elective position, residence means domicile or the
individuals permanent home, a place to which, whenever
absent for business or for pleasure, one intends to return,
and depends on facts and circumstances in the sense that
they disclose intent. It includes the twin elements of the fact
of residing or physical presence in a fixed place, and animus
manendi, or the intention of returning there permanently.
(Romualdez-Marcos v. COMELEC, 248 SCRA 300, 1995)
Owning a house is not required to establish residence and
domicile. It is enough that he should have live in the
municipality or district or in the rented house or in that of a
friend or relative for the required period. For nowhere is it
required by law or the Constitution that a candidate should
own a property in order to be qualified to run. (Co v. HRET,
199 SCRA 692, 1991)
106
Change of Residence
In order to acquire a new domicile by
choice, there must concur: (1) residence
or bodily presence in the new locality; (2)
an intention to remain there, and (3) an
intention to abandon the old domicile. In
other words, there must basically an
animus manendi coupled with animus non
revertendi. (Romualdez v. RTC of
Tacloban, 226 SCRA 408, 1993)
107
Three-Term disqualification.
No elective official shall serve for more
than 3 consecutive terms. (Except for
senators, they shall serve for not more than
2-consecutive terms). Two requisites must
concur: (1) that the official concerned has
been elected for 3 consecutive terms in the
same local government post; and (2) that
he has fully served 3 consecutive terms.
108
CERTIFICATE OF CANDIDACY
Certificate required. The law requires that no person shall
be eligible for any elective public office unless he files a
sworn certificate of candidacy within the period fixed
herein. A person who has filed a certificate of candidacy
may, prior to the election, withdraw the same by submitting
to the office concerned a written declaration under oath.
No person shall be eligible for more than one office to be
filled in the same election, and if he files his certificate of
candidacy for more than one office, he shall not be eligible
for any of them. However, before the expiration of the
period for the filing of certificate of candidacy, the person
who has filed more than one certificate of candidacy may
declare under oath the office for which he desires to be
eligible and cancel the certificate of candidacy for the
other office or offices. (Sec. 73, OEC).
109
REGISTRATION OF VOTERS
Qualified voters who have registered under RA
8189 (Voters Registration Act of 1996) are
entitled to vote.
Sec. 9 Who may register: all citizens of the
Philippines not otherwise disqualified by law who
are at least 18 years of age, and who shall have
resided in the Philippines for at least 1 year and
in the place wherein they propose to vote, for at
least 6 months immediately preceding the
election.
112
Inclusion:
Sec. 34 any person whose application for registration has
been disapproved by the Board or whose name has been
stricken out from the list may file with the court a petition to
include his name in the permanent list of voters in his
precinct at any time except 105 days prior to a regular
election or 75 days prior to a special election.
Exclusion:
Sec. 35 - Any registered voters, representatives of a political
party or the Election officer, may file with the court a sworn
petition for the exclusion of a voter from the permanent list of
voters giving the name, address and the precinct of the
challenged voter at any time except 100 days prior to a
regular election or 65 days prior to a special election.
113
114
Rationale:
The right to vote under Republic Act No. 9189 the
Overseas Absentee Voting Act of 2003 of a former Filipino
citizen, a permanent resident of the U.S., who has reacquired Philippine citizenship under Rep. Act No. 9225,
the Citizenship Retention and Re-Acquisition Act of 2003
may not be questioned on the ground that he is not a
resident of Philippines as so required under Sec. 1, Article
V, of the 1987 Constitution.
Reason: The whole point of Overseas Absentee Voting Act
is precisely to enfranchise dual citizens with the right of
suffrage thru the absentee voting scheme and as overseas
absentee voters. (Nicolas-Lewis, et al., v. Commission on
Elections, G. R. No. 1162759, August 4, 2006)
115
Derivative Citizenship:
Derivative Citizenship under Rep. Act No. 9225, the
Citizenship Retention and Re-Acquisition Act of 2003. The
unmarried child, whether legitimate, illegitimate or adopted,
below eighteen (18) years of age, of those who re-acquire
Philippine citizenship under this Act shall be deemed
citizens of the Philippines. (Sec. 4, Rep. Act No. 9225, the
Citizenship Retention and Re-Acquisition Act of 2003)
116
PRE-PROCLAMATION
CONTROVERSY
Distinctions:
120
121
Jurisdiction of HRET
Once a winning candidate has been proclaimed, taken his
oath, and assumed as a Member of the House of
Representatives, COMELECs jurisdiction over election
contests relating to his election, returns, and qualifications
ends, and the HRETs own jurisdiction begins. The
opponents only recourse would have been to file an election
protest before the HRET, and not a petition for certiorari with
the Supreme Court. The issues are best addressed to the
sound judgment and discretion of the electoral tribunal.
Allegation of nullity of proclamation does not divest the
HRET of its jurisdiction. Reason: It avoids duplicity of
proceedings and a clash of jurisdiction between
constitutional bodies, with due regard to the peoples
mandate. [Aggabao v. COMELEC, G.R. No. 163756,
January 26, 2005]
124
126
127
GOOD LUCK!
128