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ELECTION LAWS
BY: ATTY. RAUL B. MARIFOSQUE
It has been defined in its widest sense as the entire system of laws under which
the machinery of the state works and by which the state perform all government acts, it
thus mean to embrace all laws that regulate or control the administrative organization
and operations of the government including the legislative and judicial branches.
ADMINISTRATIVE ORGANIZATION
Refers to the administrative structure of the government including its political
subdivisions and the allocation of powers, functions, and duties to its various units or
agencies.
This doctrine is corollary to the control power provided under Art. VII Sec. 17 of
the Constitution.
SOURCE OF POWERS
It does not always come from a single source. Aside from the instances in which
an administrative agency is created and empowered by a provision of the constitution.
The source of the powers of administrative agencies lies in statutes under which they
claim to act. (Hijo Plantations Inc vs Central Bank 168 SCRA 192).
SCOPE OF POWERS
The Supreme Court said that quasi- legislative power is the power to
make rules and regulations which results in delegated legislation that is within
the confines of the granting statute and the doctrine of non- delegabilty and
separation of powers.
Cases :
The premature invocation of the intervention of the court is fatal to ones cause of
action. (Mark James Magalang vs. PAGCOR December 11, 2013)
(A) Bangus Fry Fisher Folk vs. Lanzanas July 10, 2003
(B) Bernardo vs. Abalos December 5, 2001
(C) Lopez vs. City of Manila February 19, 1999
(D) Universal Robina Corp. vs. LLDA May 30, 2011
(E) IVIA vs. Enciso May 5, 2006
Cases
(DAR vs, Alex investment and financing Corp. April 10, 2003)
12. When due process is clearly violated
(Anzaldo vs. Clave 119 SCRA 353)
(Zambales Chromite vs CA 94 SCRA 261)
(Pagora vs. CA 254 SCRA 606)
13. When the rules does not provide a plain, speedy and adequate remedy.
(Quisumbing vs. Judge Guimban 193 SCRA 520)
(Estuerte vs. CA 193 SCRA 541)