Lyceum of the Philippines University

College of Law
Makati City
AY 2014-2015

Administrative Law, Public Officers and Election Laws*
June-October 2014
Saturdays, 1000 A.M. -1200 Noon

PART I. Administrative Law

A. Introduction to Administrative Law

Administrative Law
As Public law
As Subdivision of Political Law
Distinguished from Other Disciplines
* pp. 1-10, Sinco, Vicente. Philippine Political Law, 1960 ed.
Definition and scope
Goodnow
Dean Roscoe Pound
Growth and development
Reasons for development
Relation to traditional law
Headless fourth branch
Advantages of Administrative Action over Legislative and Judicial Action
Kinds of Administrative Law
Administrative enactments
Rules and regulations
Administrative decisions
References: * pp. 1-175, Gonzales, Neptali A., Administrative Law, 1972 and 1979 ed.
* pp. 1-245, Agpalo, Ruben, Administrative Law, 2005 ed.

B. Principles of Separation of Powers and Non-Delegation

Separation of Powers
Non-Delegation
Permissible Delegation/Exceptions to Non-Delegation/Transfer of Power from Legislative
Tests of validity of delegation
Completeness Test. US v. Ang Tang Ho 43 P 1


Sufficiency of standard Test.
People v. Vera, 65 Phil. 56
Schecter Poultry v. US 295 US 495
Panama Refining Corp. v. Ryan 293 US 388
Public interest; People v. Rosenthal 68 P 328
Public convenience and interest; Calalang v. Williams, 70 P 726
Fair and equitable; Yakus v. US 321 US 414
Sense and experience of men; Mutual Film v. Industrial Comm., 236 US 230
Simplicity, economy and efficiency; Cervantes v. Auditor General, May 26, 1952
Vigan Electric Light v. Public Service Comm. Jan. 30, 1964
Pelaez v. Auditor General, Dec. 24, 1965
Rubi vs. Provincial Board
Where standard is located and found
Purpose of the Law
Factual Background
Statutory context
Executive act and consequent validating statute
Delegation to Fill Up Details. Mun. of Cardona v. Mun. of Binangonan, 36 P 547
References: * pp. 1-175, Gonzales, Neptali A., Administrative Law, 1972 and 1979 ed.
* pp. 1-245, Agpalo, Ruben, Administrative Law, 2005 ed.

C. Creation, Establishment and Abolition of Administrative Agencies

Administrative agency; nature
Creation
Purposes
Common types
Degree of control by the Legislature over Administrative Agencies
Reorganization and Abolition
Revised Administrative Code of 1987

D. Powers and Functions of Administrative Agencies

Quasi legislative and Quasi Judicial Powers
Incidental Powers: Investigating, Prosecuting, Advising, Declaring and
Informally Adjudicating
Powers: express and implied; discretionary and ministerial; directory and mandatory
Incidental power reasonably necessary, unless law provides otherwise.
GSIS v. CSC, 202 SCRA 799
Source and Scope of Powers and Functions of Administrative Agencies
Construction of Grant of Powers to Administrative Agencies
Subdelegation in administrative agencies
Extent of permissible subdelegation; ministerial acts
Validity of Administrative Rules and Regulations
With authority of law
Within the scope and purview of law
Reasonable
General Kinds of Administrative Rules and Regulations
Supplementary or detailed legislation
Interpretative Rules and Regulations
Contingent Legislation
Administrative Construction and Interpretation: Effect
Power to fix rates. Legislative and judicial
Administrative rules with penal sanctions
US v. Panlilio, 28 P 300
People v. Santos, 62 P 300
People v. Que Po Lay, 50 O.G. 4850
US v. Tupasi Molina, 29 P 119
Victoria Milling v. SSS, March 17, 1962
Legal Force and Effect of Administrative Rules and regulations
Publication. Tanada v. Tuvera, 146 SCRA 446
Construction of administrative power. Matienzon v. Abellera, 162 SCRA 1
Heirs of Pastoral v. Sec. of DPWH, 162 S 619
Repeal of administrative rules and regulations
Quasi-judicial Power
Distinguished from judicial power
Distinguished from administrative rule-making
Limitations; Conferment of Quasi-Judicial Powers
Meaning and importance of administrative investigation
Delegation of authority to investigate not contrary to due process
Nature of administrative proceedings
Jurisdiction
Due process
Cardinal primary rights. Ang Tibay v. CIR, February 27, 1940
Administrative actions voided for lack of due process
Meralco v. PSC June 29, 1965
Vigan Electric Light Co., Inc. v. PSC Jan. 30, 1964
Substantial evidence
Summary and Trial-type procedure
Valid determination without notice and hearing; distraint and levy, preventive
suspension, removal of acting or temporary employees, license revocation,
summary abatement
Administrative appeal and review
Stare decisis
Res adjudicata and reopening of cases
References: * pp. 1-175, Gonzales, Neptali A., Administrative Law, 1972 and 1979 ed.
* pp. 1-245, Agpalo, Ruben, Administrative Law, 2005 ed.


F. Administrative Enforcement and Sanctions

Methods of enforcement
Investigation. Evangelista v. Jarencio, 65 SCRA 99
Summary action/abatement of nuisance
Imposition of administrative sanctions; remedial and civil; fine; forfeiture
Judicial action; mandamus, injunction, criminal prosecution
Investigatory powers;
Subpoena; not inherent but coercive arm
Oath
Interrogation
Production and inspection
Written interrogatories
Inspection of premises
Reports
Filing of statements
Contempt power; quasi-judicial
References: * pp. 1-175, Gonzales, Neptali A., Administrative Law, 1972 and 1979 ed.
* pp. 1-245, Agpalo, Ruben, Administrative Law, 2005 ed.

G. Judicial review

Finality of administrative decisions; entitled to respect
Exhaustion of administrative remedies
Exceptions: where appeal fruitless, estoppel on agency claiming doctrine, purely legal
question, grave abuse of discretion, lack of jurisdiction, unreasonable delay of official
action, irreparable damage or injury or threat, qualified political agency, no other
plain, speedy or adequate remedy available, special reasons or circumstances
demand immediate court action and resultant nullification of claim.
Prior resort; distinguished from exhaustion
Methods of review
Statutory
Non-statutory
Collateral
Scope of judicial review
Questions subject to review
Fact
Law
Mixed; Brandeis Doctrine of Assimilation of Facts
Belgica v. Ochoa, G. R. 208566, November 2013
Araullo, et al. v. Pres. Aquino, et al. G.R. 209287, July 2014

References: * pp. 1-175, Gonzales, Neptali A., Administrative Law, 1972 and 1979 ed.
* pp. 1-245, Agpalo, Ruben, Administrative Law, 2005 ed.
PART II. Public Officers

A. Public Office

Nature, Purpose and General principles
Public trust; Sec.1, Art. XI, Constitution
Not property. No vested right
Elements
pp. 1-16, Law on Public Officers and Election Laws, De Leon, H., 2014
Modes of acquiring title to public office
pp. 44-112, Law on Public officers and Election Laws, De Leon, H., 2014
Modes and kinds of appointment
Power to remove inherent in the power to appoint.
Lacson v. Romero, Oct. 14, 1949
Who are public officers
Civil Service Commission, 1987 Constitution
Classification. pp. 73-92, Law on Public Officers and Election Laws, De Leon,
H., 2014
Sec.2, Introductory, Administrative Code of 1987
Article 203, Revised Penal Code
Eligibility and qualification requirements
pp. 17-43, Law on Public Officers and Election Laws, De Leon, H., 2014
Disabilities and inhibitions
pp. 219-239, Law on Public Officers and Election Laws, De Leon, H., 2014
Rights, Powers and Duties
Security of tenure
Due process
pp. 114-153, 154-217, Law on Public Officers, De Leon H., 2014
Accountability; Acts and omissions of public officers. Art. XI, 1987 Constitution
Presumption of regularity of acts
Non-estoppel on government
Arts. 203-245, Revised Penal Code
Rep. Act No. 3019. Anti-Graft and Corrupt Practices Act
Rep. Act No. 6713. Code of Conduct and Ethical Standards for Public Officials
Rep. Act No. 7080. Crime of Plunder
Pres. Dec. No. 46. Gifts
Rep. Act No. 1379. Forfeiture
Impeachment
Liabilities
Preventive suspension and back salaries
Illegal dismissal, reinstatement and back salaries
Immunity from Suit
De facto officers
pp. 100-112, Law on Public Officers and Election Laws, De Leon, H., 2014
Termination of official relations
pp. 313-469, Law on Public Officers and Election Laws, De Leon, H., 2014
Civil Service
Scope
Appointments
Personnel actions
Morfe v. Mutuc 22 SCRA 848
Luego v. CSC 143 SCRA 327
Ombudsman. Art. XI, 1987 Constitution
Rep. Act. No. 6770. Ombudsman Act of 1989
Functions
Judicial review: administrative
Judicial review: penal
Sandiganbayan, Art. XIII, 1973 Constitution; Art. XI, 1987 Constitution
Pres. Dec. No. 1606; Rep. Act Nos. 7975 and 8249
Ill-gotten wealth. (see also Rep. Act No. 1379. Forfeiture)
*pp. 1- 476, De Leon, Hector, Law on Public Officers. Rex Bookstore, 2014


PART III. Election Laws

*De Leon, H. etal. Law on Public Officers and Election Law, Rex Bookstore, 2014 ed.
(reference book)
Suffrage, pp. 477-484, De Leon
Qualifications and Disqualification of Voters, pp. 533 and 545, De Leon
Registration of voters, pp. 513-530, De Leon
Inclusion and exclusion proceedings, pp. 529-532, De Leon
Political parties, pp. 622-624; 625-638, De Leon
Jurisdiction of COMELEC, pp. 485-512, De Leon
Registration
Candidacy, pp. 552-584, De Leon
Qualifications of Candidates
Filing of certificates
Effect
Substitution
Ministerial duty of Comelec to receive certificates
Nuisance candidates
Petition to deny or cancel registration
Effect of disqualification
Withdrawal of candidates
Campaign, pp. 585-617, De leon
Premature campaign
Prohibited contributions
Election propaganda; lawful and prohibited
Limitations on expenses
Statement of contributions and expenses
Board of Election Inspectors (BEI) and Board of Canvassers (BOC)
Composition and Powers
pp. 661-684, 684-703, 704-714, De Leon
Remedies and jurisdiction in election law, pp. 715-816, De Leon
Petition not to give due course to or cancel certificate of candidacy
Petition for disqualification
Petition to declare failure of elections
Pre-proclamation controversy, p. 715, De Leon
Election protest
Quo warranto, Rule 66 , Rules of Court
Prosecution of election offenses, pp. 817-855, De Leon
BP 881. Omnibus Election Code. Dec. 3, 1985
RA 6646. Electoral Reform Law of 1987. Jan. 5, 1989
RA 7166. Synchronized National and Local Elections
RA 7941. Party List System
RA 8189. Voters Registration Act
RA 8436. Automated Election Law
RA 9006. Fair Election Act. Feb. 12, 2001
RA 9189, as amended by RA 10590. Overseas Absentee Voting Act of 2003