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ADMIN 1 congress enacts law but fails to provide the 3.

) PEOPLE THEMSELVES
period. cant he president exercise in infinity? is this allowed?
legislative power for jow long can the president validly exercise -YES!
-vested and primarily lodged in congress (sec delegate power?
1,rt 6 constitution) -only exercise until the next adjourment of A.) sec 1.art 6
--this is merely a delegated power congress. -"except to the extent reserved to the
-consists of senate anf house representatives -mere resolution is sufficient people by the provision of intiative and
referendum"
legislative power B.) SEC 28(2) art 6 constitution
this is merely a delegated power because it is -authorize president , within limits, to fix tariff B.) sec 32, art 6
delegated by the people themselves. rates. -mandating congress to enact a law about
basis: philippines is a democratic and rep state -tariff code: standby authority? system of intiative and referendum (ra 6735)
and sovereignty emanantes from them. -this becomes a matter of necessity ---can modify a law by cingress or LGU
why? if congress, it will take a longer time. ---applies only to amendment, not revision
GR: congress canot delegate legislative power. not reason of ... of the constitution
-delegated cannot be further delegated.
(betayal of trust) C.) 1987 administrative code C.) sec 2, art 17
EXCEPTIONS: permissible delegation of -allows president to enact presidential -may directly propose amendments to the
legislative power issuances which has the force and effect of constitution
e.g. -president law
-LGU e.g. (forms) proclamaations, EO, admin what is the sufficiency or ra 6735
-people themselves order... -after motion for recon, it is a sufficent.
-various administrative bodies (lambino case)
executive order
TN -providing for the rukes governing for the 4.) ADMINISTRATIVE AGENCIES
SC (can promulgate rules and regulations for implementation oannd enforcement of
the protection and enforciment of constitutional or statutory powers what is delegated by congress?
constitutional rughts and rules of court.) -not the power to make law, or determine
--not delegated but vested by the administrative order what the law is or what tbe law should be
constitution itself -act of pres. in providing the governmental -power to enforce and execute the law but in
operation in pursuance of his duty and right as the process of inplementing, the admi bodies
why are there exemptions? the head of the executive delartment may fill in details which congress failed to
-due to complexity of society provide for want of experience, or lack of
-growing inability of congress to the many procalamation opprotunity (power of subordinate legislation)
concerns needeing its attention -fixest he date or declares a condition which -form: issuance of implementing rules and
public interest upon which the law or regulations
PERMISSIBLE DELEGATION OF LEGISLTAIVE regulation is based.
POWERS e.g. proclamation declaring jan 1 a non kinds of rule making power exercised by the
1.) PRESIDENT working holiday admin bodies
1.) specific delegation of authority
source of delegation: memorandum orders (promulgate irr)
A.) sec 23, art 6, 1987 consitution -dealing with admin details, involving a 2.) consturction and interpretation of the laws
-in times of war and national emergency, specific public officer or public office of 3.) determination of facts upon which the
congree may authorize pres. to exercise governemnt enforcement of the laws will be based
legislative power, with limits.
memorandum corculars TN
effect? -refers in dealing with admin details involving -for such delegation by congress to be valid, it
-may be considered as a constitutional all agencies of the government must hurdle the 2 tests
dictator
general order what are the 2 tests to determine cvalidity of
limits -in connection with his pwoer as the delegation
-there must be a law authorizing the commmander in chief in the armed forces in 1.) completeness test
government the philippines. --complete in all respects that the delegate
-absence of law: can only enforce the law
2.) LOCAL GOVERNMENT UNITS
assuming there is a war, is congress mandated source: united states vs ang tang ho?
to enact a law granting president leg. powers? A.) LGU CODE 1991 -organic act allowing governor to issue
-no. congress is not mandated. congress may -may not exercise police power of state but regulations if their is an increase of palay or
opt to withhold that power. also eminent domain other basic commodities and for any other
cause.
congress enacts a law delegating powers for 6 barangays, sang, barangay ---held: invalid. it is not complete. it gives
mos. but emergency only lasted for 3 mos. can municipality, sang. bayan discretion to the governor general discretion
president exercise for the full term of 6 mos? city, sang. panglungsod "for any cause"
-no. because there is no more need to province, sang. panlalawigan
exercise such pwoers because emergency 2.) sufficient standard test
already ceased to exist. is power of taxation by LGU a delegated leg. --even if the law is not comokete, the
power from congress? delegation is still valid if it is accompanied
congress enacts law delegating leg. powers for -no. this power is expressly vested by the with sufficient standards as would guide the
a period of 6 mos. but emergency lasted for constitution itself. (sec 5, art 10 of the subordinate
12 months, can pres. exercise for a period of constitution) --may take in a form of general statements
12 mos? in the law/ law dealing with the same subject
-no. it should only be for a limited period. matter
e.g. for public safety, promotion on
employment, for health, for public welfare

ADMINISTRATIVE LAW: ATTY GALEON | WILMA RADA NOTES 1


Must also be respected if ratified by congress
pp vs vera admin interpretation of laws INTERNAL need expressly or impliedly. But if it is an
-validity of old provision act. provision not be published. only those which affects administrative rule, then it is binding upon the
provides that the law is effective in places rights of transacting public. courts.
where the provincial board provides salary of
a probation officer. ADMIN 2 (by: charro) (Read book)
---held: does not comply test. it did not
provide the salary of the probational officer. Rule making power may be of three types. Determination of facts upon which
hence, the provisional board has discretion Rule making power by express authority, by enforcement or non enforcement of law is
when the law should take effect. administrative constructions or interpretation based. Tatad vs. sec dep of energy.
of laws, determination of facts upon which Read quasi judicial functions
inot vs iac enforcement and non enforcement of law is
-eo 626, confiscation of carabaos based ADMIN 3
---held: void. because the EO undue discretion
to the chairman of nat. meat inspection Delegation of authority distinguish quasi judicial body and a quasi
authority to distribute carabeef in a manner Poer or authority of various admin agencies to legislative functions.
the particular person deems fit. it does not issue and enact rules and regulations to fill up
meet the requirement of suff. standards in the the gaps which congress failed to provide indicators that is furtherance of a admin. quasi
distribution of the carabeef. judicial body?
In enacting rules and reg. is it requirement 1.) there is must be a law (enabling statute)
TN that there is prior notice and hearing? No. It is 2.) notice and hearing is required
-even if there is a valid law, it does not follow not sine qua non. It is enough that such rules 3.) reception of evidence is required
that rules and regualtions implemented are must be published in newspaper or official 4.) decisions are final and executory
also valid. gazette. And must be filed with the uplaw
why? center. what must be in the law?
-because for them to be valid, it must satisfy -law that gives existence of a rights for
by the following req. : Rules and reg pertaining to fixing of rate? persons and things
Should it be done with prior notice and -any dispute must be presented for the body
1.) promulagtion is authoirzed by law hearing? It depends. If fixing of rate is done for adjudication (mechanism)
2.) any such law must be promulgated within pursuant to quasi legislative, then it will not
the scope of authoirty given by law require prior notice and hearing. But if why is it important to distinguish the two?
3.) same must stirclty follow procedures pursuant to quasi judicial, it would need prior 1.) remedy available
provided notice and hearing QL: go to the regional trial court?
4.) must be fair and reasonable -exhaustion of admin bodies not
5.) same must be published in official gazette When can we say that it is done pursuant to necessary
or Newspaper in GC (nation wide) quasi leg or quasi judicial powers of admin QJ: go to CA (certiorari)
6.) same must be filed in the UP law center bodies concerned? If fixing would affect all -observe exhaustion of admin remedies
(sec 3, chaoter 4 book 7) business enterprises Belonging to same class is this rule absolute?
in the country then quasi leg. If it affects a no. ?
tatad vs sec. dept. of energy particular entity, then it is pursuant to quasi
-sec 15, of the oil regulation law, the roesident judicial function example:
was conferred authoirty of the full delegation NLRC enacts a rule but is contrary the the
of How about fixing of power rates? Would that constitution. what will you do?
--exchange rate is stablized need prior notice and hearing. Yes. Because it -file in RTC, direct course is allowed because
--prices of world market has already would only affect the applicant like veco. the act is done in furtherance of the courts of
declined law
-ores. ramos implemented full deregulation Interpretation or construction of laws. May be
and added a particular goround: depletion of categorised : in the course of implementing
OPSS fund? law, legal opinion by sec of justice, pursuant ADMIN 4-revised
sc to quasi judicial function of admin bodies
---held: invalid, ramos expanded his scope of concerned. REQUISITES FOR A VALID EXERCISE OF QUASI
authority by adding a ground not provided for JUDICIAL FUNCTIONS
in the law. Implementing law. Circulars or orders or
directives issued by administrative office. 1.) JURISDICTION CONFERRED BY LAW
can they promulgate irr which are peanl in -authority to resolve disputes
character? Opinion by sec of justice upon request of -authorized tribunal
-it depends on the law delegating the public officer or admin agencies concerned.
authority. Ex. Case of vicente ching. how will you know that he is authorized?
*if delegated by law, it is allowed -it is conferred by law OW invalid
In the course of settling dispute or quasi -must specifically authorize authority, not
pp vs masiril judicial. enough that there is law creating the
-convicted by the rules and regulations administrative body.
enacted by sec. of agriculture. (prohibiting How do we regard admin interpretation? Is
elctro fishing) that binding upon the courts? No. Admin what if there is no law? can it perform judicial
---held: fishery law did not prohibit electro constructions or contemporaneous function?
fishing. by defining it as a crime, the secretary constructions is not necessarily binding upon -no. it cannot be inferred by agreement of the
exceeded authority given by law. the courts. parties.

fixing of power rates. if veco will apply in fixing While admin constructions is not binding upon
power rate, the d*** cannot fix to high or too courts, such interpretations is persuasive upon
low. (must be fair and reasonable) the courts. It must be as much as possible be
accorded with respect. Especially if it has
why is it necessary to publish laws and IRR? been followed already for a long period of
-procedural due process time. Phil sugar corp. vs. customs.

ADMINISTRATIVE LAW: ATTY GALEON | WILMA RADA NOTES 2


example of invalid quasi legislative functions: B.) extrajudicial proceedings hierarchy of value of evidence
*authority of commission on human rights. C.) issuance of warrant of arrest 1.) proof beyond reasonable doubt
can it perform quasi judicial functions? does it D.) provisional reliefs -applies to criminal
have authority to "try/ decide" the case or just -preventive suspension in administrative 2.) clear and convincing evidence
"investigate" only? proceedings 3.) preponderance of evidence
-hence, if CHR decides the shooting 4.) substantial evidence
incident, there is invalid exercise. why is this not offensive? -evidence as a reasonable mind may accept
(no law conferring authority) -because it is not imposed as a penalty. the as adequate to support a conclusion
officer prevently suspended will be reinstated
2.) DUE PROCESS and oaid backwages if he is not guilty. what if both parties were able to present
-observance of administrative procedure substantial evidence but the admin officer
-this is liberally interpreted E.) ex parte cases opted to give more weigt to one party. will it
e.g. hold departure order- wanted amount to an error?
what is the effect if there are violations of the criminal -no. because what is important is that the
rules and procedures? issuance of a cease and desist order decision is based on the evidence presented
-amount to deprivation of due process (may be issued ex parte) by the parties.
issuance of TRO
is there a particular definition of due process? 3.) IMPARTIAL AND COMPETENT TRIBUNAL/
why? HEARING OFFICER
-none. because it will restrict the meaning ESSENTIAL REQUISITES OF PROCEDURAL DUE
thereof. PROCESS: case 1:
-due process varies in a particular situation. (as applied in administrative proceedings) a tribunal who decided the case cannot be the
same tribunal to decide on appealed cases.
source: 1.) OPPORTUNITY TO BE HEARD (cannot review his own decision)
* 1987 constitution (art 1, sec 3?) -includes right to present evidence with or
-no one shall be deprived of due process of without council why is filing of reconsideration is allowed?
law -trial or a formal hearing is not necessary, -this is to be filed with the same court, while
it may be decided based on mere position an appeal should be filed in another court.
2 aspects of due process papers submitted by the parties. (e.g.
a.) substantive due process affidavits) case 2:
-this refers to the intrinsic validity of the -submission of evidence by party is not there was an election contest decided by the
law, rule or regulation required, it constitutes waiver. only the comelec division, one of the commissioner
-what is to be determined here is the opportunity is required. was the law partner of the adverse party.
existing of a valid governmental purpose or hence, he can be restricted and prohibited
objective example: from deciding the case because he is not
*labor arbiter in deciding a labor case. expected to be impartial.
example: am employee files a complaint of unjust
*there is a rule prohibiting a person sleeping termination. what is required of the parties is 4.) TRIBUNAL MUST RELY ON ITS OWN
naked. the accused will try to inquire the law to submit position papers submitting affidavits INDEPENDENT APPRECIATION OF FACTS AND
WON there is a valid governmental objective of witnesses. LAWS.
of the rule. hence, there is a regulation but
what is the business of the governemnt from what if the management did not file a position can the tribunal hire hearing officers?
prohibiting a person sleeping naked? hence, paper? -yes, because they only conduct the manner
the rule is invalid. -if they do not opt to file, the labor arbiter can of the hearing but not the rendering of the
still decide because the act amounts to a decision itself.
b.) procedural due process waiver of the opportunity to be heard.
-refers to the manner or enforcement of if an admin tribunal can hire, is it still required
the law in admin proceedings, no formal type hearing of that chief of that body to make his own
-GR: presupposes prior notice and hearing so there is no cross examine? findings of fact?
-affidavits will not be testified by the affiants -yes, because findings of hearing officers only
"law which hears before it condemns, proceed will it violate the rule in receiving case? support the independent findings of facts and
before inquiry, decide after trial" -no. this is considered an exception because conclusions of law of the tribunal. even if the
the other party can also present evidence hearing officer is in the best position to
ynot vs IAC through affidavits, hence, any error is cured. decide, the tribunal will review the findings of
*there is a rule authorizing seizure of carabao. -admin tribunal is not bound to accept. it is the hearing officer. the former is not duty
it imposes a penalty even without notice and required to examine first the contents of the bound to accept.
hearing. affidavit. (relaxation of the rules of court)
example:
can prior of hearing and notice be dispensed -judge is not mandated to rely on the
with? 2.) TRIBUNAL MUST CONSIDER THE EVIDENCE preliminary findings of the prosecutor. he
-yes. there are instances where notice and PRESENTED must make his own investiagtions before he
hearing are not observed but the same is not issues a warrant of arrest.
violative of procedural due process. why is this a requirement in admin
proceedings? 5.) DECISION MUST BE RENDERED AND IT
Instances not violative of due process? -decisions must be based on evidence MUST BASED ON EVIDENCE PRESENTED AND
A.) police power is exercised. submitted THOSE CONTAINED ON RECORDS, AND THIS
a.1 abatement of public nuisance. MUST BE MADE KNOWN TO THE PARTIES
(nuisance per se) what is the weight if the evidence submitted?
e.g. mad dog, unauthorized building of -MUST substantial evidence
structures in public property
so only substantial evidence required?
as contrast with nuisance per accidens yes. it differs from preponderance of
-right thing at a wrong place evidence.
e.g. piggery business

ADMINISTRATIVE LAW: ATTY GALEON | WILMA RADA NOTES 3


victorino vs ob how about the right to counsel? is it required no motion for recon or appeal is filed. what
-accused was not given a preliminary in admin proceedings? happens to the decision.
investigation. SB ordered OB to conduct not mandatory. there is no prohibition for a -final and executory. hence, it can no longer
another preliminary investigation. accused oarty to hire a counsel to assisst him in the be reviewed by another authority. it may not
was furnished copies of complaints, affidavits case. any waiver of right to counsel need not be executed through a writ of execution.
and evidence. he filed a counter affidavit. one be done in writing. ex. hlurb decides. a writ of execution
affidavit was submitted to SB but it was not -right to counsek is not a due process addressed to a sherrif may be done.
submitted during the preliminary investigation requirement
conducted by OB. the affidavit not presented what if law is silent of the power on the
was the basis of the decision. hence, the can he invoke right to self incrimination? issuance of writ of execution?
decision was defective. -available in administrative proceedings. BUT yes. because it is considered an implied power
he cannot refuse to take the witness stand of quasi judicial agencies. the agency can
6.) INCLUDE FACTS AND LAW WHICH BUT he can invoke this the moment that an valdily issue IW any such rendition of
DECISION IS BASED incriminating question has been propounded judgment will be useless if the same cannot be
validly enforced.
why is it important? TN
-so that the parties may know how the -if it involves forfeiture of license to practice FURTHER APPEAL
decision is arrived at by admin concerned and profession/ forfeiture of property, respondent can a decision be appealed to the head of the
in the advent of an appeal, the party will know can refuse to take the witness stand, similar to department or to the office of the president?
what errors to assign on appeal. that of criminal cases -yes. but it does not hold through in all
why? instances.
ADMIN 5 because it involves impositions of punitive
sanctions, forfeiture of rights 197- admin code
DISPOSITION OF CASES -right if self incrimination is even available in GR: may be appealed to the head or secretary
legislative proceedings of the department
what would give rise to a controverted case? (even if law is silent, it may be further
-filing of complaint or a petition by an appealed to the office of the president)
independent party DECISION **cabinet members may review since they
within what period of time should the decision are considered extensions of the pres
does it have to be in pursuant to a petition or be rendered by an admin tribunal hearing an except: contrary provisions under rules or
complaint? admin case? regulations promulgated by the admin
-no. agency concerned can motu proprio file a -30 days reckoned from when the case is concerned
case or commenced in ex parte submitted for decision
e.g. OB can act on its own initiative, after appeal to nlrc commission, it can no
newspaper reports, anonymous letter when deemed submitted? longer be appealed to the office of the
-last responsive pleading has been filed. after president. if you are aggreived?
supposing there is a contested case and there presentation of evidence. -appeal to CA via petition for review
is a hearing. what rules should apply in the
disposition of the case? what happens if 30 days will expire? ADMIN 6
-governed by the administrative rules -not mandatory. it is only directory.
promulgated by the administrative body DOCTRINE OF PRIMARY JURISDICTION
concerned. (because they can promulgate if a decision is rendered within 30 days, can a -first seek relief before administrative body
their own rules and regulations) party appeal from that decision? before the court.
- an appeal is merely a statutory right, he can
in the absence of such rules and regulation? if appeal within 15 days after receipt of copy of is this the general rule?
agency has not yet promulagted rules and the decision. no. applies only to cases where there isa n
regulations? is this absolute? issue where there is a determination of admin
-apply administrative rules set forth in book -no. it can be modified by rules or experties. it depends int he nature of the
7,1987 administrative code. rules of court/199 regulations circumstances attendant to the case.
rules on civil procedure can be applied e.g. nlrc prescribes that appeal will be
suppletory in character. within 10 days. will the case filed in court be dismissed?
example: counting of period (exclude day of no. it will only be suspended.
filing, include last day) can the rules provide that it cannot be
appealed from? who will move for the suspension of the case?
are technical rules binding in the disposition of -yes. because it is merely a satutory right. in -defendant
cases? amdin proceedings and the respondent is
-no. they are not binding in the administrative exonerated from the charge, petitioner can defendant point this out in the answer or
proceedings. (relaxation of the rules) cannot appeal (office of OB) motion to dismiss that it needs to referred
first to the administrative body?
examples: -yes. but the court will not dismiss. only refer
a.) rules on evidence, presentation of the MOTION FOR RECONSIDERATION the case.
original document, not a mere photocopy. can a party file?
-- nlrc, you can attach photocopy of -yes, just once. within 15 days except another is the court bound to respect the findings of
documents. period is required. the administrative body?
-any such finding is not necessarily binding, it
b.) you present documentary evidence first what is the effect of filing motion for recon is merely persuasive.
time on appeal. include reason for not with respect to the period of appeal? -not necessarily conclusive but the court
presenting evidence on time. it will be suspended. so if it is denied, you can should as a rule, accord respect to the findings
file your appeal. (remaining oeriod) of fact of the administrative body.
c.) affidavits not testified by the affiants is a
mere scrap of paper. this is not required, example:
affidavits of witness attach in memorandum is if an appeal is perfect in 15 days, and you file
enough. MR on the 10th day. you have file notice of
appeal within 5 days. the remaining balance.

ADMINISTRATIVE LAW: ATTY GALEON | WILMA RADA NOTES 4


examples: ADMIN 7 who are the officers covered by the discipling
expropriation proceeding of an agricultural authority of the OB?
land who can check acts or performances of admin -public officers WON appointive and elective
-DAR will determine the value fo the agencies? officials of the government
property involved. 1.) PRESIDENT (mayor, governor, brgy officials, GOCC
basis: 1987 constitution officials)
expropriation proceedings of a private land -GR: power of supervision over except:
-doctrine of primary jurisdiction will not administrative agencies a.) those w/c can be removed by
apply. Referral to DAR only applies to -but president may suspend an elected impeachment (impeachable officers)
agricultural land. official (provincial, HUC, ICC) e.g. justices of the SC, president, VP,
chief justice of SC and associate justice, and
ejectment case and the tenant claims that he power of control: heads of constitutional commission
is an agricultural tenant of an agricultural land --direct an act be done or undone (COMELEC, COA, CSC)
-refer to DAR for the determination of power of supervision: b.) members of the judiciary
tenancy relationship, does not apply to --make sure that actions were done in e.g. judges, court personnel
commercial lots accordance to the law c.) members of congress
--cannot substitute own judgment
DOCTRINE OF EXHAUSTION OF REMEDIES TN
-plaintiff must exhaust all remedies available case: -those that fall under the exception may be
in the administrative proceedings. resolution was nullified by president limiting investigated by the OB for the purpose of
amounts of salaries of the judges in mandaue. filing a complaint of impeachment. OB cannot
how is this different with doc. primary held: invalid, oresident only has power of dismiss nor suspend them from service.
jurisdiction? supervision.
-this doctrine are initially cognizable in the can OB conduct investigations on private
administrative agency. while the doctrine of members of the cabinet (alter ego of the individuals?
primary jurisdiction, it is intially cognizable in president) -only when such individuals conspired with
the regular courts. e.g. executive secretary public officers.
-not all acts of the president cannot be acted
why is this doctrine necessary? upon by the cabinet. victorino tan uy case
1.) within the experties of the admin why? -plunder case filed by erap. tan uy was not a
specialization -there acts that has to be performed piblic official but he is investigated.
2.) unclog dockets of the court personally by the president (graft and corruption)
3.) observance of separation of powers? e.g. signing authority
4.) opportunity for admin body to correct -ratification of treaties, approval of laws can OB conduct investigations of a public
errors committed -declaration of martial law or officer over acts not done in its official
suspension of habeas corpus functions?
can you avail of certiorari even if there is still -yes. because it covers ANY illegal act. what is
other available remedies? review of decision rendered by department important is that the accused is a public
no. can only avail if there is no adequate claim secretary? official.
or speedy remedy. -yes. may review and reverse in behalf of the
president e.g.
Situations that does not require application of mayor committed graft and corruption over
doctrine of exhaustion of admin private commercial transactions
remedies: 2.) CONGRESS or committing the crime of murder not related
*respondent is a department secretary and he with the functions as mayor. mayor commits
acts as the alter ego of the president how? falsification of documents.
-the case need no go to the office of the a.) confirming or denying appointments of
president (idk?) president the power to investigate public officials, is this
e.g. secretaries, ambasaddors, counsels, power exclusive to the OB?
*violation of due process, not giving notice armed forces officials no it is not exclusive except where the offense
and hearing and the defendant was not heard. b.) abolishing of admin bodies if it is not is punishable by imprisonment of more than 6
what are the remedies? (alternative) performing years or fine exceeding 6k (original exclusive
-file in courts alleging grave abuse of (act a law abolishing or reorganizing such of OB)
discretion office) e.g. graft and corruption involving millions:
-question this to a higher admin tribunal c.) appropriation of salaries and employees only OB
*may increase budget fort he agencies
*pure questions of law (jurisdiciton with the d.) legislative inquiries and aid of legislation TN
regular courts) falsification of public documents: may be
-admin body cannot declare the law investigated by OB or prosecutors office.
unconstitutional, only courts of law 3.) OMBUDSMAN
e.g. validity of the abolition of the office -created under the constitution if there is a decision rendered by OB in a
-powers of the ombudsman: CRIMINAL CASE (adverse to the respondent or
TN a.) investigate and prosecute to the complainant). such that OB
-municipal ordinance is an issue, the municipal b.) public assistance recommended the filing of the case in the SB.
court can declare it invalid. may a motion for reconsideration be filed?
can the OB act on the basis of an anonymous -yes, it may be filed in a criminal case. and
complaint? such motion for recon may be filed by the
e.g. mere reports in the newspapers complaining party or by the respondent.
-yes. may act not only in the basis of a formal
complaint but also act motu proprio within what period may such MR be filed in a
criminal case?
-5 days reckoned from receipt of that decision

ADMINISTRATIVE LAW: ATTY GALEON | WILMA RADA NOTES 5


if the MR is denied, what is your remedy?
-question before SC under rule 65 (petition for
certiorari)

if there is an ADMINISTRATIVE CASE/CIVIL


CASE before the OB and a decision is rendered
against the respondent, can you file a motion
for reconsideration in that decision in an
admin case?
-yes. you file within 10 days reckoned from
receipt of copy of the assailed decision.

if you are exonerated or were respondent is


found guilty but penalty is public censure,
reprimand, suspension not exceeding 1
month, forfeiture of salaries not exceeding
one month? can the complaint file a motion
for recon?
-not allowed. because such decision is final
and executory. BUT the respondent can file
MR.

if MR is denied? where do you question the


decision?
-CA under rule 43

4.) COURTS
-judicial review

decision rendered purely administrative


powers?
-RTC

remedies?
*depends on the nature
-mandamus
-petition for certiorari

if decision is rendered in its quasi-legislative


power?
e.g. rules and regulation
-RTC

remedies?
-petition for declaratory relief

if decision is rendered in its quasi-judicial


power?
-CA (review by certiorari rule 43)
*question of facts and law
*appeal further to SC under rule 45 (only
questions of law)
-SC under rule 65
*pure questions on law, error on
jurisdiction, grave abuse of discretion
(exceptional circumstances)

TN
-exhaust all admin remedies before seeking
refuge to the courts of law

COA, CSC, COMELEC


-decisions rendered in their quasi judicial
functions: SC under rule 65
when? 30 days
-decisions rendered by CSC must be first be
questioned by the CA under rule 43
*COA and COMELEC cannot be reviewed by
CA, direct to SC

ADMINISTRATIVE LAW: ATTY GALEON | WILMA RADA NOTES 6