ADMIN LAW PRELIMS

Admin Law- embraces all the law that controls or is intended to control the admin operations of the govt
Kinds : 1. Statutes setting up admin authorities
2. body of doctrines and decisions dealing w/ the creation, operation and effect of determinations and regulations
3. rules, regulations or orders in pursuance of which admin authorities were created or endowed
4. determinations, decisions and orders in settlement of controversies arising in their fields
Instrumentality – anything used as a means or agency
1. Incorporated- with juridical personality distinct from Republic
2. Non-incorporated – endowed by law with corporate powers
Chartered institutions – organized under a specific charter, constitutional policies or objectives ( state colleges, etc)
Administration – aggregate of persons in whose hand the reins of the government are for the time being
Public office – right, authority and duty created and coferred by law by w/c for a given period an individual is invested with some portion of
the sovereign functions of govt to be exercised for the public benefit (functional unit or position)
Reorganization – process of restructuring the bureaucracy’s organizational and functional set-up to make it more viable and responsive to
public needs, applies to all except created by constitution
Reasons for need of AA: unclog court dockets, meet growing complexities of modern society, help regulate ramified activities of a
developing country, entrust to specialized agencies with their special knowledge and experience to provide solutions
Powers: 1. Quasi-legislative – promulgate rules and regs
Legislative power – make, alter and repeal laws, vested in Congress except initiative and referendum
Executive orders – acts of pres providing for rules of general or permanent character in executing constitutional powers
Administrative orders – acts of pres w/c relate to particular aspects of govl operations
Proclamations – acts of pres fixing a date or declaring a statute or condition of public moment or interest
Memorandum orders – acts of pres on matter of admin detail or temporary interest w/c concern particular officer or office
Memorandum circular – re internal admin w/c pres desires to bring to attention to all of depts. for info or compliance
Leg power of local govt – crate own sources of revenues, levy taxes and fees subj to limitations of congress
Legislative bodies – sang barangay, sang bayan or panlungsod, sang panlungsod, sang panlalawigan
Rule – any admin agency statement that implements or interprets law, fixes procedures in, not affecting public rights
Rule-making – means an agency process for the formulation, amendment or repeal of a rule
2. quasi-judicial or admin adjudicatory power– interpret and apply regulations, hear and determine questions of fact to w/c leg policy is to
apply, incidental or reasonably necessary for performance of exec or admin duty, notice and hearing required
Doctrine of primary jurisdiction -
Delegation – grant of authority by leg to AA to issue rules and reg, how law entrusted for implementation may be enforced
Completeness test – complete in all items, Sufficient standards test – adequate guidelines or limitations
Law – includes rules and regs issued pursuant to a valid delegation and designed to enforce or implement an existing law
Types of exec interpretations : 1. By exec directly called to implement the law 2. By sec of justice as chief legal adviser of the govt, 3.
Handed down in adversary proceeding in a ruling by exec officer exercising quasi-judicial power
Arbitration – reference of a dispute to impartial third person for determination on basis of evidence and arguments presented by parites
who have bound themselves ot accept the decision (voluntary or compulsory)
Jurisdiction – exist as matter of law and cannot be fixed by agreement of parties or conferred by acquiescence of tribunal, I speak by the law
Forum shopping- improper practice of going fr one court to another in the hope of securing favorable relief, repetitious suits
Test for FS: litis pendentia, res judicata
Summons – writ by w/c respondent is notified of the action against him and asked to file his answer, jurisdiction acquired
Ministerial power – so clear and specific to leave no room for exercise of discretion in its performance - mandamus
Discretionary power – requires exercise of judgment – certiorari
Discretion – may decide a question either way and still be right w/ regard to what is right and equitable, may not be delegated
Mandatory statute – commands positively or negatively, leaving no choice but for the person to obey, command or prohibition, court or
tribunal has no power to distinguish between material and immaterial breach
Directory statute – permissive or discretionary, outlines acts to be done, nonperformance not vitiate proceedings
Mistakes – done by govt personnel in performance of duties not affect public interest, cant invoke immunity
Presumption of regularity – strong evidence necessary to rebut presumption of good faith, not actionable unless shown that motivated by
malice or gross negligence
President’s powers: 1. Control – alter, modify or nullify what a subordinate officer had done and substitute judgment – limitations :
abolition or creation of exec office, suspension or removal of career exec employees w/o due process, setting aside, modification or
supplanting of decisions of quasi-judicial agencies on cases that have become final
Doctrine of qualified political agency – all exec and admin orgs are adjuncts of the exec dept, their heads are assistants and agents of the
chief exec, their acts unless disapproved or reprobated by the CE are preemptively acts of CE.
2. Supervision – overseeing that officials perform their duties, to take action if they fail or neglect to perform
Review – reconsideration or re-examination for purposes of correction, includes power to disapprove but not substitute
Attachment – lateral relationship between dept or its equivalent to the attached agency either as chairman or member w/ or w/o voting
rights, having the attached corp comply w/ periodic reporting, for policy and program coordination
3. investigatory or inquisitorial – information gathering to recommend appropriate action by other govt agencies or focus public opinion on
matters of vital concern, indispensable to prosecution
Adjudicate – settle in exercise of judicial authority, determine finally, entry of judgment
Ombudsman – protector of the people against abuses of govt officials
Due process: 1. Notice and hearing , evidence, competent jurisdiction
Administrative proceeding – taking and evaluation of evidence, determining facts based upon the evidence presented, rendering order or
decision supported by the facts proved
Subpoena – process directed to a person requiring him to attend and testify at the hearing or trial of the action or at any investigation
conducted under the laws of the country
Subpoena duces tecum – an order to produce specified documents , punishable by contempt disobedience thereof

MIDTERMS
Age Requirements:
President – 40 yrs old, 10yrs resident, Senator – 35 yrs old, 2 yrs resident, Congressman – 25 yrs old, 1 year residency, Gov, vice-gov,
sanggunian, mayor, vice-mayor – 23 yrs old, Mayor, vice-mayor – component city or municipality – 21 yrs old
Doctrine of Primary Jurisdiction – court cannot or will not determine a controversy involving question w/in jurisdiction of an administrative
tribunal prior to its decision where it requires special knowledge of the tribunal, claim is originally cognizable in the courts and requires
resolution of issues placed w/in special competence of an admin body, concurrent w/ court if exclusive not apply
Doctrine of Exhaustion of Admin Remedies – claim is cognizable by admin agency alone, judicial interference being withheld until admin
process has run its course and agency action is ripe for review, court action cannot prosper until all remedies have been exhausted, findings
are binding upon court absent grave abuse of discretion
Not applicable:
1. Where public interest requires immediate court resolution 9. qualified political agency doctrine applies
2. administrative act is a nullity 10. issue is purely legal
3. administrative remedy is not adequate 11. administrative remedy is permissive
4. judicial relief is required to prevent violence 12. doctrine will result in nullification of claim
5. agency acted with no jurisdiction 13. quo warranto cases
6. no administrative order yet 14. no law requiring remedies
7. estoppel 15. agency has no jurisdiction
8. there is urgency or irreparable damage
Review – ordinary appeal from final order, 15 days, reconsideration or re-examination for purposes of correction, courts determine legality
or propriety of exercise of discretion by political departments of govt, checks and balances, limitation on separation of powers, justified
when there is denial of due process, mistake of law, fraud, collusion, arbitrary action or where there is absolutely no supporting evidence or
insubstantial
Court inquiries: if rule is w/in delegated authority, reasonable, pursuant to proper procedure
Agency action – whole or part of agency rule, order, etc or its denial thereof. Non judicial- purely admin or exec, Judicial – final orders or
decisions
Remedies where statute is silent – certiorari, prohibition, mandamus
Injuction – remedy for purely admin act or rule/regulation issued by admin agency
Appeal – enabling statute specifically provides that decisions may be appeal in ordinary civil cases, 7 legible copies, 15 days
Contents of petition: full names of parties, concise statement of facts and ground relied upon, legible duplicate original or certified true
copy of award, sworn certification against forum shopping
Contents of Comment – insufficiencies or inaccuracies in statement of facts and issues, reason why petition should be denied or dismissed–
10days
Not subject to judicial scrutiny – grant of pardon, occurrence of breach, terms and conditions of pardon, proper sanctions of breach
Political question – to be decided by people in their sovereign capacity, dependent upon wisdom not legality of act
Question of fact – doubt or difference arises as to the truth or falsehood of alleged facts, calibration of whole evidence, credibility of
witness
Question of law – doubt or difference of opinion as to what the law is, not examination of probative value of evidence presented
Writ of certiorari – extraordinary remedy, court not engage in review of facts
Substantial evidence rule – to sustain the findings fact, it should be supported by substantial evidence, limitation upon judicial review
Certiorari – special civil action against tribunal, board or officer who acted w/o or excess of jurisdiction, no appeal or speedy remedy for
annulling or modifying the proceeding, correction of errors of jurisdiction, not questions of fact, 18 copies, 15 days and extension 30 days
Motion for reconsideration – must be filed before certiorari, give court or tribunal chance to correct itself
Prohibition – preventive remedy, restrain the doing of some act about to be done
Mandamus – we command, neglect of tribunal or officer in the performance of an act or unlawfully excludes from the use or enjoyment of
a right, not lie to compel course of conduct, fulfill contractual obligation or compel official to do act not his duty, 60 days fr notice of
judgment
Habeas corpus – writ of liberty, release of person upon detention or illegal confinement
Quo Warranto – tests the titles to one’s office claimed by another and oust the holder from its enjoyment
Status Quo – maintain the last actual, peaceable and uncontested status of things w/c preceded the controversy
Contents of Memoranda – statement of the case, S of the facts, S of the issues, Argument, Relief
Minute Resolution – Supreme court agrees with or adopts the findings and conclusions of CA, operates as res judicata
Public Office –right, authority and duty created and conferred by law w/c for a given period an individual is invested with some portion of
sovereign functions of govt to be exercised by him for the benefit of the public, a public charge or employment, accountable to the people,
not property or vested right, protected right w/c cant be taken from incumbent w/o due process
Public officer – functional unit of government or position held or occupied by individual persons whose functions are defined by law
Career Service – entrance based on merit and fitness determined by competitive exam or highly technical qualifications, opportunity for
advancement to higher career positions, secrutiy of tenure
Positions:
1. Open career – prior qualifications in exam is required
2. Closed career – scientific or highly technical includes faculty and academic staff
3. Career Executive Service- undersec, bureau director, assistant bd, regional director, assistant rd, chief of dept, all appointed by the Pres
4. Career officers other than CES, foreign service in ministry of foreign affairs
5. commissioned officers and enlisted men of the Armed Forces- separate merit system
6. Personnel of govt-owned or controlled corp not fall under non-career
7. Permanent laborers skilled, semi or unskilled
Non-Career Service – entrance based on other than merit and fitness, limited or coterminous tenure,
Positions:
1. Elective officials
2. Department heads and officials of Cabinet rank
3. Chairman and members of commissions and boards w/ fixed terms of office
4. Contractual personnel or with special contract to undertake specific work
5. Emergency and seasonal personnel
Eligibility- legally qualified by law to hold an office, sine qua non to acquiring permanent appointment
Appointment – means w/c a person may claim a right to public office, selection by authority of an individual who is to exercise functions of
a given office, act of designation by exec officer of person who is to exercise duties and responsibilities of a given position, in written
memorial
Designation – assignment of public officer to perform functions different from those of his position w/c he has been appointed, temporary
Commission on appointments- president of senate as chairman, 12 senators, 12 HR - proportional representation
Presidential appointments:
1. Heads of Exec departments, ambassadors or consuls, officers of armed forces w/ rank of colonel or naval captain, other officers whose
appointments are vested in him by the Constituion – needs consent of CoA
2. All other officers of govt whose appointments are not otherwise provided by law
3. Whom president may be authorized by law to appoint
4. Officers lower in rank whose A the congress may vest in the Pres alone
Ad interim appointment – made by pres during recess of congress, permanent until disapproved by CoA, until next adjournment of congress
Civil Service Commission – insure and promote the general mandate requiring appointment only accdng to merits and fitness and provide
w.in public service a progressive system of personal admin to insure maintenance of an honest and efficient civil service, eradicate
appointment based on political considerations and eliminate element of partisanship or personal favoritism
Powers and functions:
1. administer and enforce constitutional and statutory provisions on merit system
2. prescribe, amend and enforce rules and reg for carrying into effect CS law provisions
3. promulgate policies for CS and adopt plans to promote economical and effective personnel admin in the govt
4. formulate policies for admin maintenance and implementation of position classification and compensation
5. render opinions and ruling on all personnel w. shall be binding and may be brought to SC on certiorari
6. appoint and discipline its officials
7. control, supervise and coordinate CS exams w/c are exempt fr inspection regulations
8. prescribe all forms of CS exams, appointments, reports required by law
9. declare positions in CS as confidential, highly technical or policy determining
10. formulate, administer and evaluate programs for devt and retention of qualified work force for PS
11. hear and decide admin cases
12. issue subpoena and subpoena duces tecum for production of documents pertinent to investigation
13. advise president involving personnel mgt, submit annual report
14. take appropriate action on all appointments including extension of service beyond retirement age
15. inspect and audit personnel actions, periodic review of decisions
16. delegate authority to depts. or agencies which may effectively perform
17. administer retirement program
18. keep and maintain personnel records
19. perform all functions belonging to central personnel agency and other as may be provided by law
Policy determining position – power of formulating a method of action for govt or subdivisions
Highly confidential position – not merely clerical, requires trust and confidence and involves responsibility of the other w/c he represents
Highly technical position – requires skills or training in the highest degree, all three not require exam or eligibility
Levels in career service:
1. first – clerical, trades, crafts and custodial, non-professional, non-supervisory, require less than 4 yrs college, E through comp exam
2. second – professional, technical and scientific positions in non-sup or supervisory, at least 4 yrs college, E through comp exam
3. third – career executive service – entrance prescribed by career exec service board
Permanent status – meets all requirements, guaranty of security of tenure
Temporary status - in absence of appropriate eligibles and necessary in public interest, no CS eligibility, not exceed 12 months
Coterminous – subject to pleasure or co-existent w/ appointing authority, project, incumbent or specific period
Protest – mode of action available to aggrieved party to contest appointment of another based on cause: appointee not qualified, not next-
in-rank, if by transfer, reinstatement or orig appointment protestant is not satisfied w/ written special reason given by appointing authority
Revocation – must be made before appointment is completed or its approval by CSC, may be recalled or withdrawn
Grounds: noncompliance w/ procedures or criteria, failure to pass selection/promotion board, violation of collective agreement or other CS
law
Reason for shortening of tenure of Senator and HR – forfeiture by holding any other office, expulsion for disorderly behavior,
disqualification determined by resolution of Electoral Tribunal, voluntary renunciation of office
Hold-over concept – in absence of express or implied constitutional or statutory provision to the contrary, an officer is entitled to hold office
until his successor is elected or appointed and has qualified
Has qualified – officer’s taking of oath or entering the discharge of his office ff election or appointment
Promotion – made on basis of qualification including occupational competence, moral character, devotion to duty, loyalty to service
Reinstatement – technically issuance of new appointment essentially discretionary, cant be controlled by court if exercised properly
Nepotism – favoritism in appointment in favor of relative w/in 3 rd degree of consanguinity or affinity, exempted: confidential capacity,
teachers, armed forces, member of family who after appointment contracts marriage w/ someone in same office, appointed by govt-owned
under corp law
Double appointments – not prohibited if positions are not incompatible, cant receive additional compensation
Primarily confidential – close intimacy w/c insures freedom of intercourse w/o embarrassment or misgiving of betrayals of trust