Limitations on admin action

Source
o Is there a law vesting such power to the agency
o Deals with the
Basis
Constitution
o Special offices
Offices such as COMELEC, COA, CSC,
Ombudsman
Law
Executive order
Function
Regulates rights and privileges
Deliver social service
Scope
o Did the agency exercise its power according to the power vested in it
o What did the agency do?
o Executive functions
Enforcement
The nature of its function is to implement
The scopes of this function are
o Enforcement through application of the law
o Through interpretation
o Investigation
o Prosecution
The limitations of this function are
o Non-delegation
o Checks and balance
o Judicial review
o Quasi Legislative functions
Create the rules
The nature of this function is that it is a delegated
power
Scope of this function are
o Address grievances or seek a review/ adjudication
o Implementing rules
The limitations are the same with executive functions
portion
o Quasi Judicial functions
Resolve disputes
the nature of this function is that it is a delegated power
the scope of this function are
o Primary Jurisdiction
o Exhaustion of administrative remedies
The limitations of this function are
o Res judicata
 Challenge
o What can be done to correct the unlawful action of the agency.
Exhaustion
Judicial Review

Law on Public officers

The nature is that it is a public trust

o There is a high degree of trust when you perform a public office.
o The purpose is to serve the people.
o The standard of service, is
Utmost responsibility
Utmost dignity
Utmost Loyalty
Utmost efficiency
o Another obligation is to be accountable, act with patriotism, act
with justice, and live modest lives.
o You have to disclose under oath, the assets you own.
o Effects
You stay or you do not.