ADMIN 1
) PEOPLE THEMSELVES
legislative power
-vested and primarily lodged in congress (sec
1,rt 6 constitution)
--this is merely a delegated power
-consists of senate anf house representatives
legislative power
this is merely a delegated power because it is
delegated by the people themselves.
basis: philippines is a democratic and rep state
and sovereignty emanantes from them.
GR: congress canot delegate legislative power.
-delegated cannot be further delegated.
(betayal of trust)
EXCEPTIONS: permissible delegation of
legislative power
e.g. -president
-LGU
-people themselves
-various administrative bodies
TN
SC (can promulgate rules and regulations for
the protection and enforciment of
constitutional rughts and rules of court.)
--not delegated but vested by the
constitution itself
why are there exemptions?
-due to complexity of society
-growing inability of congress to the many
concerns needeing its attention
PERMISSIBLE DELEGATION OF LEGISLTAIVE
POWERS
1.) PRESIDENT
source of delegation:
A.) sec 23, art 6, 1987 consitution
-in times of war and national emergency,
congree may authorize pres. to exercise
legislative power, with limits.
effect?
-may be considered as a constitutional
dictator
limits
-there must be a law authorizing the
government
-absence of law:
assuming there is a war, is congress mandated
to enact a law granting president leg. powers?
-no. congress is not mandated. congress may
opt to withhold that power.
congress enacts a law delegating powers for 6
mos. but emergency only lasted for 3 mos. can
president exercise for the full term of 6 mos?
-no. because there is no more need to
exercise such pwoers because emergency
already ceased to exist.
congress enacts law delegating leg. powers for
a period of 6 mos. but emergency lasted for
12 months, can pres. exercise for a period of
12 mos?
-no. it should only be for a limited period.
congress enacts law but fails to provide the
period. cant he president exercise in infinity?
for jow long can the president validly exercise
delegate power?
-only exercise until the next adjourment of
congress.
-mere resolution is sufficient
B.) SEC 28(2) art 6 constitution
-authorize president , within limits, to fix tariff
rates.
-tariff code: standby authority?
-this becomes a matter of necessity
why? if congress, it will take a longer time.
not reason of ...
C.) 1987 administrative code
-allows president to enact presidential
issuances which has the force and effect of
law
e.g. (forms) proclamaations, EO, admin
order...
executive order
-providing for the rukes governing for the
implementation oannd enforcement of
constitutional or statutory powers
administrative order
-act of pres. in providing the governmental
operation in pursuance of his duty and right as
the head of the executive delartment
procalamation
-fixest he date or declares a condition which
public interest upon which the law or
regulation is based.
e.g. proclamation declaring jan 1 a non
working holiday
memorandum orders
-dealing with admin details, involving a
specific public officer or public office of
governemnt
memorandum corculars
-refers in dealing with admin details involving
all agencies of the government
general order
-in connection with his pwoer as the
commmander in chief in the armed forces in
the philippines.
2.) LOCAL GOVERNMENT UNITS
source:
A.) LGU CODE 1991
-may not exercise police power of state but
also eminent domain
barangays, sang, barangay
municipality, sang. bayan
city, sang. panglungsod
province, sang. panlalawigan
is power of taxation by LGU a delegated leg.
power from congress?
-no. this power is expressly vested by the
constitution itself. (sec 5, art 10 of the
constitution)
ADMINISTRATIVE LAW: ATTY GALEON | WILMA RADA NOTES
3.
is this allowed?
-YES!
A.) sec 1.art 6
-"except to the extent reserved to the
people by the provision of intiative and
referendum"
B.) sec 32, art 6
-mandating congress to enact a law about
system of intiative and referendum (ra 6735)
---can modify a law by cingress or LGU
---applies only to amendment, not revision
of the constitution
C.) sec 2, art 17
-may directly propose amendments to the
constitution
what is the sufficiency or ra 6735
-after motion for recon, it is a sufficent.
(lambino case)
4.) ADMINISTRATIVE AGENCIES
what is delegated by congress?
-not the power to make law, or determine
what the law is or what tbe law should be
-power to enforce and execute the law but in
the process of inplementing, the admi bodies
may fill in details which congress failed to
provide for want of experience, or lack of
opprotunity (power of subordinate legislation)
-form: issuance of implementing rules and
regulations
kinds of rule making power exercised by the
admin bodies
1.) specific delegation of authority
(promulgate irr)
2.) consturction and interpretation of the laws
3.) determination of facts upon which the
enforcement of the laws will be based
TN
-for such delegation by congress to be valid, it
must hurdle the 2 tests
what are the 2 tests to determine cvalidity of
delegation
1.) completeness test
--complete in all respects that the delegate
can only enforce the law
united states vs ang tang ho?
-organic act allowing governor to issue
regulations if their is an increase of palay or
other basic commodities and for any other
cause.
---held: invalid. it is not complete. it gives
discretion to the governor general discretion
"for any cause"
2.) sufficient standard test
--even if the law is not comokete, the
delegation is still valid if it is accompanied
with sufficient standards as would guide the
subordinate
--may take in a form of general statements
in the law/ law dealing with the same subject
matter
e.g. for public safety, promotion on
employment, for health, for public welfare
1

pp vs vera
-validity of old provision act. provision
provides that the law is effective in places
where the provincial board provides salary of
a probation officer.
---held: does not comply test. it did not
provide the salary of the probational officer.
hence, the provisional board has discretion
when the law should take effect.
inot vs iac
-eo 626, confiscation of carabaos
---held: void. because the EO undue discretion
to the chairman of nat. meat inspection
authority to distribute carabeef in a manner
the particular person deems fit. it does not
meet the requirement of suff. standards in the
distribution of the carabeef.
TN
-even if there is a valid law, it does not follow
that rules and regualtions implemented are
also valid.
why?
-because for them to be valid, it must satisfy
by the following req. :
1.) promulagtion is authoirzed by law
2.) any such law must be promulgated within
the scope of authoirty given by law
3.) same must stirclty follow procedures
provided
4.) must be fair and reasonable
5.) same must be published in official gazette
or Newspaper in GC (nation wide)
6.) same must be filed in the UP law center
(sec 3, chaoter 4 book 7)
tatad vs sec. dept. of energy
-sec 15, of the oil regulation law, the roesident
was conferred authoirty of the full delegation
of
--exchange rate is stablized
--prices of world market has already
declined
-ores. ramos implemented full deregulation
and added a particular goround: depletion of
OPSS fund?
sc
---held: invalid, ramos expanded his scope of
authority by adding a ground not provided for
in the law.
can they promulgate irr which are peanl in
character?
-it depends on the law delegating the
authority.
*if delegated by law, it is allowed
pp vs masiril
-convicted by the rules and regulations
enacted by sec. of agriculture. (prohibiting
elctro fishing)
---held: fishery law did not prohibit electro
fishing. by defining it as a crime, the secretary
exceeded authority given by law.
fixing of power rates. if veco will apply in fixing
power rate, the d*** cannot fix to high or too
low. (must be fair and reasonable)
why is it necessary to publish laws and IRR?
-procedural due process
admin interpretation of laws INTERNAL need
not be published. only those which affects
rights of transacting public.
ADMIN 2 (by: charro)
Rule making power may be of three types.
Rule making power by express authority, by
administrative constructions or interpretation
of laws, determination of facts upon which
enforcement and non enforcement of law is
based
Delegation of authority
Poer or authority of various admin agencies to
issue and enact rules and regulations to fill up
the gaps which congress failed to provide
In enacting rules and reg. is it requirement
that there is prior notice and hearing? No. It is
not sine qua non. It is enough that such rules
must be published in newspaper or official
gazette. And must be filed with the uplaw
center.
Rules and reg pertaining to fixing of rate?
Should it be done with prior notice and
hearing? It depends. If fixing of rate is done
pursuant to quasi legislative, then it will not
require prior notice and hearing. But if
pursuant to quasi judicial, it would need prior
notice and hearing
When can we say that it is done pursuant to
quasi leg or quasi judicial powers of admin
bodies concerned? If fixing would affect all
business enterprises Belonging to same class
in the country then quasi leg. If it affects a
particular entity, then it is pursuant to quasi
judicial function
How about fixing of power rates? Would that
need prior notice and hearing. Yes. Because it
would only affect the applicant like veco.
Interpretation or construction of laws. May be
categorised : in the course of implementing
law, legal opinion by sec of justice, pursuant
to quasi judicial function of admin bodies
concerned.
Implementing law. Circulars or orders or
directives issued by administrative office.
Opinion by sec of justice upon request of
public officer or admin agencies concerned.
Ex. Case of vicente ching.
In the course of settling dispute or quasi
judicial.
How do we regard admin interpretation? Is
that binding upon the courts? No. Admin
constructions or contemporaneous
constructions is not necessarily binding upon
the courts.
While admin constructions is not binding upon
courts, such interpretations is persuasive upon
the courts. It must be as much as possible be
accorded with respect. Especially if it has
been followed already for a long period of
time. Phil sugar corp. vs. customs.
ADMINISTRATIVE LAW: ATTY GALEON | WILMA RADA NOTES
Must also be respected if ratified by congress
expressly or impliedly. But if it is an
administrative rule, then it is binding upon the
courts.
(Read book)
Determination of facts upon which
enforcement or non enforcement of law is
based. Tatad vs. sec dep of energy.
Read quasi judicial functions
ADMIN 3
distinguish quasi judicial body and a quasi
legislative functions.
indicators that is furtherance of a admin. quasi
judicial body?
1.) there is must be a law (enabling statute)
2.) notice and hearing is required
3.) reception of evidence is required
4.) decisions are final and executory
what must be in the law?
-law that gives existence of a rights for
persons and things
-any dispute must be presented for the body
for adjudication (mechanism)
why is it important to distinguish the two?
1.) remedy available
QL: go to the regional trial court?
-exhaustion of admin bodies not
necessary
QJ: go to CA (certiorari)
-observe exhaustion of admin remedies
is this rule absolute?
no. ?
example:
NLRC enacts a rule but is contrary the the
constitution. what will you do?
-file in RTC, direct course is allowed because
the act is done in furtherance of the courts of
law
ADMIN 4-revised
REQUISITES FOR A VALID EXERCISE OF QUASI
JUDICIAL FUNCTIONS
1.) JURISDICTION CONFERRED BY LAW
-authority to resolve disputes
-authorized tribunal
how will you know that he is authorized?
-it is conferred by law OW invalid
-must specifically authorize authority, not
enough that there is law creating the
administrative body.
what if there is no law? can it perform judicial
function?
-no. it cannot be inferred by agreement of the
parties.
2
example of invalid quasi legislative functions:
*authority of commission on human rights.
can it perform quasi judicial functions? does it
have authority to "try/ decide" the case or just
"investigate" only?
-hence, if CHR decides the shooting
incident, there is invalid exercise.
(no law conferring authority)
2.) DUE PROCESS
-observance of administrative procedure
-this is liberally interpreted
what is the effect if there are violations of the
rules and procedures?
-amount to deprivation of due process
is there a particular definition of due process?
why?
-none. because it will restrict the meaning
thereof.
-due process varies in a particular situation.
source:
* 1987 constitution (art 1, sec 3?)
-no one shall be deprived of due process of
law
2 aspects of due process
a.) substantive due process
-this refers to the intrinsic validity of the
law, rule or regulation
-what is to be determined here is the
existing of a valid governmental purpose or
objective
example:
*there is a rule prohibiting a person sleeping
naked. the accused will try to inquire the law
WON there is a valid governmental objective
of the rule. hence, there is a regulation but
what is the business of the governemnt from
prohibiting a person sleeping naked? hence,
the rule is invalid.
b.) procedural due process
-refers to the manner or enforcement of
the law
-GR: presupposes prior notice and hearing
"law which hears before it condemns, proceed
before inquiry, decide after trial"
ynot vs IAC
*there is a rule authorizing seizure of carabao.
it imposes a penalty even without notice and
hearing.
can prior of hearing and notice be dispensed
with?
-yes. there are instances where notice and
hearing are not observed but the same is not
violative of procedural due process.
Instances not violative of due process?
A.) police power is exercised.
a.1 abatement of public nuisance.
(nuisance per se)
e.g. mad dog, unauthorized building of
structures in public property
as contrast with nuisance per accidens
-right thing at a wrong place
e.g. piggery business
B.) extrajudicial proceedings
C.) issuance of warrant of arrest
D.) provisional reliefs
-preventive suspension in administrative
proceedings
why is this not offensive?
-because it is not imposed as a penalty. the
officer prevently suspended will be reinstated
and oaid backwages if he is not guilty.
E.) ex parte cases
e.g. hold departure order- wanted
criminal
issuance of a cease and desist order
(may be issued ex parte)
issuance of TRO
ESSENTIAL REQUISITES OF PROCEDURAL DUE
PROCESS:
(as applied in administrative proceedings)
1.) OPPORTUNITY TO BE HEARD
-includes right to present evidence with or
without council
-trial or a formal hearing is not necessary,
it may be decided based on mere position
papers submitted by the parties. (e.g.
affidavits)
-submission of evidence by party is not
required, it constitutes waiver. only the
opportunity is required.
example:
*labor arbiter in deciding a labor case.
am employee files a complaint of unjust
termination. what is required of the parties is
to submit position papers submitting affidavits
of witnesses.
what if the management did not file a position
paper?
-if they do not opt to file, the labor arbiter can
still decide because the act amounts to a
waiver of the opportunity to be heard.
in admin proceedings, no formal type hearing
so there is no cross examine?
-affidavits will not be testified by the affiants
will it violate the rule in receiving case?
-no. this is considered an exception because
the other party can also present evidence
through affidavits, hence, any error is cured.
-admin tribunal is not bound to accept. it is
required to examine first the contents of the
affidavit. (relaxation of the rules of court)
2.) TRIBUNAL MUST CONSIDER THE EVIDENCE
PRESENTED
why is this a requirement in admin
proceedings?
-decisions must be based on evidence
submitted
what is the weight if the evidence submitted?
-MUST substantial evidence
so only substantial evidence required?
yes. it differs from preponderance of
evidence.
ADMINISTRATIVE LAW: ATTY GALEON | WILMA RADA NOTES
hierarchy of value of evidence
1.) proof beyond reasonable doubt
-applies to criminal
2.) clear and convincing evidence
3.) preponderance of evidence
4.) substantial evidence
-evidence as a reasonable mind may accept
as adequate to support a conclusion
what if both parties were able to present
substantial evidence but the admin officer
opted to give more weigt to one party. will it
amount to an error?
-no. because what is important is that the
decision is based on the evidence presented
by the parties.
3.) IMPARTIAL AND COMPETENT TRIBUNAL/
HEARING OFFICER
case 1:
a tribunal who decided the case cannot be the
same tribunal to decide on appealed cases.
(cannot review his own decision)
why is filing of reconsideration is allowed?
-this is to be filed with the same court, while
an appeal should be filed in another court.
case 2:
there was an election contest decided by the
comelec division, one of the commissioner
was the law partner of the adverse party.
hence, he can be restricted and prohibited
from deciding the case because he is not
expected to be impartial.
4.) TRIBUNAL MUST RELY ON ITS OWN
INDEPENDENT APPRECIATION OF FACTS AND
LAWS.
can the tribunal hire hearing officers?
-yes, because they only conduct the manner
of the hearing but not the rendering of the
decision itself.
if an admin tribunal can hire, is it still required
of that chief of that body to make his own
findings of fact?
-yes, because findings of hearing officers only
support the independent findings of facts and
conclusions of law of the tribunal. even if the
hearing officer is in the best position to
decide, the tribunal will review the findings of
the hearing officer. the former is not duty
bound to accept.
example:
-judge is not mandated to rely on the
preliminary findings of the prosecutor. he
must make his own investiagtions before he
issues a warrant of arrest.
5.) DECISION MUST BE RENDERED AND IT
MUST BASED ON EVIDENCE PRESENTED AND
THOSE CONTAINED ON RECORDS, AND THIS
MUST BE MADE KNOWN TO THE PARTIES
3
victorino vs ob
-accused was not given a preliminary
investigation. SB ordered OB to conduct
another preliminary investigation. accused
was furnished copies of complaints, affidavits
and evidence. he filed a counter affidavit. one
affidavit was submitted to SB but it was not
submitted during the preliminary investigation
conducted by OB. the affidavit not presented
was the basis of the decision. hence, the
decision was defective.
6.) INCLUDE FACTS AND LAW WHICH
DECISION IS BASED
why is it important?
-so that the parties may know how the
decision is arrived at by admin concerned and
in the advent of an appeal, the party will know
what errors to assign on appeal.
ADMIN 5
DISPOSITION OF CASES
what would give rise to a controverted case?
-filing of complaint or a petition by an
independent party
does it have to be in pursuant to a petition or
complaint?
-no. agency concerned can motu proprio file a
case or commenced in ex parte
e.g. OB can act on its own initiative,
newspaper reports, anonymous letter
supposing there is a contested case and there
is a hearing. what rules should apply in the
disposition of the case?
-governed by the administrative rules
promulgated by the administrative body
concerned. (because they can promulgate
their own rules and regulations)
in the absence of such rules and regulation? if
agency has not yet promulagted rules and
regulations?
-apply administrative rules set forth in book
7,1987 administrative code. rules of court/199
rules on civil procedure can be applied
suppletory in character.
example: counting of period (exclude day of
filing, include last day)
are technical rules binding in the disposition of
cases?
-no. they are not binding in the administrative
proceedings. (relaxation of the rules)
examples:
a.) rules on evidence, presentation of the
original document, not a mere photocopy.
-- nlrc, you can attach photocopy of
documents.
b.) you present documentary evidence first
time on appeal. include reason for not
presenting evidence on time.
c.) affidavits not testified by the affiants is a
mere scrap of paper. this is not required,
affidavits of witness attach in memorandum is
enough.
how about the right to counsel? is it required
in admin proceedings?
not mandatory. there is no prohibition for a
oarty to hire a counsel to assisst him in the
case. any waiver of right to counsel need not
be done in writing.
-right to counsek is not a due process
requirement
can he invoke right to self incrimination?
-available in administrative proceedings. BUT
he cannot refuse to take the witness stand
BUT he can invoke this the moment that an
incriminating question has been propounded
TN
-if it involves forfeiture of license to practice
profession/ forfeiture of property, respondent
can refuse to take the witness stand, similar to
that of criminal cases
why?
because it involves impositions of punitive
sanctions, forfeiture of rights
-right if self incrimination is even available in
legislative proceedings
DECISION
within what period of time should the decision
be rendered by an admin tribunal hearing an
admin case?
-30 days reckoned from when the case is
submitted for decision
when deemed submitted?
-last responsive pleading has been filed. after
presentation of evidence.
what happens if 30 days will expire?
-not mandatory. it is only directory.
if a decision is rendered within 30 days, can a
party appeal from that decision?
- an appeal is merely a statutory right, he can
appeal within 15 days after receipt of copy of
the decision.
is this absolute?
-no. it can be modified by rules or
regulations
e.g. nlrc prescribes that appeal will be
within 10 days.
can the rules provide that it cannot be
appealed from?
-yes. because it is merely a satutory right. in
amdin proceedings and the respondent is
exonerated from the charge, petitioner
cannot appeal (office of OB)
MOTION FOR RECONSIDERATION
can a party file?
-yes, just once. within 15 days except another
period is required.
what is the effect of filing motion for recon
with respect to the period of appeal?
it will be suspended. so if it is denied, you can
file your appeal. (remaining oeriod)
example:
if an appeal is perfect in 15 days, and you file
MR on the 10th day. you have file notice of
appeal within 5 days. the remaining balance.
ADMINISTRATIVE LAW: ATTY GALEON | WILMA RADA NOTES
no motion for recon or appeal is filed. what
happens to the decision.
-final and executory. hence, it can no longer
be reviewed by another authority. it may not
be executed through a writ of execution.
ex. hlurb decides. a writ of execution
addressed to a sherrif may be done.
what if law is silent of the power on the
issuance of writ of execution?
yes. because it is considered an implied power
of quasi judicial agencies. the agency can
valdily issue IW any such rendition of
judgment will be useless if the same cannot be
validly enforced.
FURTHER APPEAL
can a decision be appealed to the head of the
department or to the office of the president?
-yes. but it does not hold through in all
instances.
197- admin code
GR: may be appealed to the head or secretary
of the department
(even if law is silent, it may be further
appealed to the office of the president)
**cabinet members may review since they
are considered extensions of the pres
except: contrary provisions under rules or
regulations promulgated by the admin
concerned
after appeal to nlrc commission, it can no
longer be appealed to the office of the
president. if you are aggreived?
-appeal to CA via petition for review
ADMIN 6
DOCTRINE OF PRIMARY JURISDICTION
-first seek relief before administrative body
before the court.
is this the general rule?
no. applies only to cases where there isa n
issue where there is a determination of admin
experties. it depends int he nature of the
circumstances attendant to the case.
will the case filed in court be dismissed?
no. it will only be suspended.
who will move for the suspension of the case?
-defendant
can defendant point this out in the answer or
motion to dismiss that it needs to referred
first to the administrative body?
-yes. but the court will not dismiss. only refer
the case.
is the court bound to respect the findings of
the administrative body?
-any such finding is not necessarily binding, it
is merely persuasive.
-not necessarily conclusive but the court
should as a rule, accord respect to the findings
of fact of the administrative body.
4
examples:
expropriation proceeding of an agricultural
land
-DAR will determine the value fo the
property involved.
expropriation proceedings of a private land
-doctrine of primary jurisdiction will not
apply. Referral to DAR only applies to
agricultural land.
ejectment case and the tenant claims that he
is an agricultural tenant of an agricultural land
-refer to DAR for the determination of
tenancy relationship, does not apply to
commercial lots
DOCTRINE OF EXHAUSTION OF REMEDIES
-plaintiff must exhaust all remedies available
in the administrative proceedings.
how is this different with doc. primary
jurisdiction?
-this doctrine are initially cognizable in the
administrative agency. while the doctrine of
primary jurisdiction, it is intially cognizable in
the regular courts.
why is this doctrine necessary?
1.) within the experties of the admin
specialization
2.) unclog dockets of the court
3.) observance of separation of powers?
4.) opportunity for admin body to correct
errors committed
can you avail of certiorari even if there is still
other available remedies?
no. can only avail if there is no adequate claim
or speedy remedy.
Situations that does not require application of
doctrine of exhaustion of admin
remedies:
*respondent is a department secretary and he
acts as the alter ego of the president
-the case need no go to the office of the
president (idk?)
*violation of due process, not giving notice
and hearing and the defendant was not heard.
what are the remedies? (alternative)
-file in courts alleging grave abuse of
discretion
-question this to a higher admin tribunal
*pure questions of law (jurisdiciton with the
regular courts)
-admin body cannot declare the law
unconstitutional, only courts of law
e.g. validity of the abolition of the office
TN
-municipal ordinance is an issue, the municipal
court can declare it invalid.
ADMIN 7
who can check acts or performances of admin
agencies?
1.) PRESIDENT
basis: 1987 constitution
-GR: power of supervision over
administrative agencies
-but president may suspend an elected
official (provincial, HUC, ICC)
power of control:
--direct an act be done or undone
power of supervision:
--make sure that actions were done in
accordance to the law
--cannot substitute own judgment
case:
resolution was nullified by president limiting
amounts of salaries of the judges in mandaue.
held: invalid, oresident only has power of
supervision.
members of the cabinet (alter ego of the
president)
e.g. executive secretary
-not all acts of the president cannot be acted
upon by the cabinet.
why?
-there acts that has to be performed
personally by the president
e.g. signing authority
-ratification of treaties, approval of laws
-declaration of martial law or
suspension of habeas corpus
review of decision rendered by department
secretary?
-yes. may review and reverse in behalf of the
president
2.) CONGRESS
how?
a.) confirming or denying appointments of
president
e.g. secretaries, ambasaddors, counsels,
armed forces officials
b.) abolishing of admin bodies if it is not
performing
(act a law abolishing or reorganizing such
office)
c.) appropriation of salaries and employees
*may increase budget fort he agencies
d.) legislative inquiries and aid of legislation
3.) OMBUDSMAN
-created under the constitution
-powers of the ombudsman:
a.) investigate and prosecute
b.) public assistance
can the OB act on the basis of an anonymous
complaint?
e.g. mere reports in the newspapers
-yes. may act not only in the basis of a formal
complaint but also act motu proprio
ADMINISTRATIVE LAW: ATTY GALEON | WILMA RADA NOTES
who are the officers covered by the discipling
authority of the OB?
-public officers WON appointive and elective
officials of the government
(mayor, governor, brgy officials, GOCC
officials)
except:
a.) those w/c can be removed by
impeachment (impeachable officers)
e.g. justices of the SC, president, VP,
chief justice of SC and associate justice, and
heads of constitutional commission
(COMELEC, COA, CSC)
b.) members of the judiciary
e.g. judges, court personnel
c.) members of congress
TN
-those that fall under the exception may be
investigated by the OB for the purpose of
filing a complaint of impeachment. OB cannot
dismiss nor suspend them from service.
can OB conduct investigations on private
individuals?
-only when such individuals conspired with
public officers.
victorino tan uy case
-plunder case filed by erap. tan uy was not a
piblic official but he is investigated.
(graft and corruption)
can OB conduct investigations of a public
officer over acts not done in its official
functions?
-yes. because it covers ANY illegal act. what is
important is that the accused is a public
official.
e.g.
mayor committed graft and corruption over
private commercial transactions
or committing the crime of murder not related
with the functions as mayor. mayor commits
falsification of documents.
the power to investigate public officials, is this
power exclusive to the OB?
no it is not exclusive except where the offense
is punishable by imprisonment of more than 6
years or fine exceeding 6k (original exclusive
of OB)
e.g. graft and corruption involving millions:
only OB
TN
falsification of public documents: may be
investigated by OB or prosecutors office.
if there is a decision rendered by OB in a
CRIMINAL CASE (adverse to the respondent or
to the complainant). such that OB
recommended the filing of the case in the SB.
may a motion for reconsideration be filed?
-yes, it may be filed in a criminal case. and
such motion for recon may be filed by the
complaining party or by the respondent.
within what period may such MR be filed in a
criminal case?
-5 days reckoned from receipt of that decision
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