Professional Documents
Culture Documents
Definition(s)
branch of public law w/c fixes the organization of
government, determines the competence of admin.
authorities who execute the law & indicates to
individual the remedies for violation of his rights.
system of legal principles w/c settles the conflicting
claims of the executive & admin. authorities on one
hand and of the individual or private right on the
other.
deals w/ powers & procedures of admin. agencies,
including judicial review...
HLURB
Action to declare void a mortgage of lot done in
violation of PD 957 and annul a foreclosure sale
(Home Bankers vs. CA, 547 SCRA 167)
Mere allegation of relationship between subd.
owner and lot buyer does not vest automatic
jurisdiction in HLURB. Decisive element is the
nature of the action as enumerated in Sec. 1, PD
1344. [Transfer of townhouse to 3 rd party in
violation of contract to sell, not w/HLURB]
(Cadimas vs. Carrion, 567 SCRA 103)
Quasi-Judicial Power
express empowerment by law; merely
incidental and in aid of main function
the action or discretion to investigate facts
and draw conclusions from them as basis for
their official action & to exercise discretion of
a judicial nature.
involves: a) taking and evaluating evidence;
b) determining facts based upon the evidence
presented; and c) rendering an order or
decision supported by the facts proved.
Cases
PCGG is a co-equal body of RTC. RTC
cannot restrain the PCGG (PCGG vs. Judge
Pena, 02/07/89).
The action of the POEA to grant, deny,
suspend, or revoke a license of any private
placement agency is quasi-judicial. POEA, on
its own initiative, may conduct the necessary
proceeding for suspension or cancellation of
license of any private placement agency on
any of grounds mentioned therein (Sanado vs.
CA, 356 SCRA 546).
Forum Shopping
It exists when, as a result of an adverse
opinion in one forum, a party seeks a
favorable opinion (other than by appeal or
certiorari) in another, or when he institutes
two or more actions or proceedings
grounded on the same cause, on the
gamble that one or the other court would
make a favorable disposition.
Cases
General rule: certificate must be signed by all plaintiffs in
a case; exception (HLC Const. vs. Emily Homes
Homeowners Assn., 411 SCRA 504)
Appellate court finds merit or compelling reason for noncompliance with the rule (Ombudsman vs. Valera, 471
SCRA 719).
OMB decision dismissing criminal case vs. DPWH RD
Montemayor does not operate as res judicata in PAGC
admin case vs. him for ill-gotten wealth (Montemayor vs.
Bundalian, 405 SCRA 264).
Rule is not applicable to agency not exercising judicial or
quasi-judicial function (Cabarrus vs. Bernas, 279 SCRA
388) or the cases do not raise identical causes of action
(Velasquez vs. Hernandez, 437 SCRA 358)
Quasi-Legislative Power
A relaxation of principle of separation
Requirements for validity of rules
If issued in excess of rule making authority, no binding effect
upon the courts; treated as mere administrative
interpretations of the law.
Mere absence of implementing rules cannot effectively
invalidate provisions of law, where a reasonable construction
may be given.
Statute authorizing Pres. to suspend operation of law upon
happening of act
Cases
Rev. Memo Circular 7-85 inconsistent with the NIRC
(Phil. Bank of Communications vs. Commissioner of
Internal Revenue, 302 SCRA 241).
AO 308 providing for adoption of a national
computerized identification reference system (Ople
vs. Torres, 293 SCRA 141).
LBC of DBM setting a maximum limit to additional
allowances to be given by LGU to national
government officials (Dadole vs. COA, 393 SCRA
272)
Fiscal Autonomy
entails freedom from outside control ad limitations,
other than those provided by law; recognizes the
power to levy, assess and collect fees, fix
compensation rates not exceeding the highest rates
authorized by law and allocate and disburse such
sums as may be provided by law or prescribe by
them in the discharge of their functions; formulate
and implement their organizational structure and
compensation of their personnel.
It is a constitutional grant, not a tag obtainable by
membership.
Cases
While members of the CFAG are authorized to
formulate & implement organizational structure of their
respective offices & determine the compensation of
their personnel, such authority is not absolute & must
be exercised w/in the parameters of the Unified
Position Classification&Compensation System under
RA 6758 administered by the DBM. Thus, CHR cannot
lawfully implement an upgrading & reclassification of
positions w/o DBM imprimatur. The upgrading/creation
of FMO and PAO in CHR was not authorized by any
law (CHREA vs. CHR, 444 SCRA 300).
Implementing Rules or
Interpretative Policies
Admin bodies have authority to interpret at first
instance the laws they are to execute.
Interpretations are not binding upon courts but
have force/ effect of law and entitled to great
respect.
general policy is to sustain the decision of
administrative bodies on basis of separation of
powers and their presumed knowledgeability and
expertise.
abrogation of previous acts or rulings of
predecessor in office.
Cases
EO 79 providing for compulsory membership in
GSIS of qualified reserve AFP officers like Gen.
Asuncion is effective 15 days after its publication in
OG on 12/22/86 (GSIS vs. COA, 301 SCRA 736).
DBM Circular disallowing payment of allowances is
of no force & effect due to absence of publication
in OG or newspaper xxx. That it was reissued &
submitted for publication in OG does not cure the
defect and retroact to the time of disallowance in
audit. Publication is a condition precedent to
effectivity of a law (Phil. International Trading vs.
COA, 309 SCRA 177).
p.18
Doctrine of Exhaustion of
Administrative Remedies
Before a party can be allowed to seek
judicial intervention, he is to exhaust all
means of administrative redress available
under the law.
3 reasons for the doctrine
A direct action in court w/o prior exhaustion
of administrative remedies, when required,
is premature, warranting its dismissal on a
motion to dismiss grounded on lack of cause
of action. The failure to observe the doctrine
does not affect the jurisdiction of the court.
Cases
Doctrine is applicable only to acts in the
performance of a quasi-judicial, not rulemaking, function. Where what is assailed is
the validity of IRR issued by the National
Government Center Admin Committee
pursuant to its quasi-legislative power
under RA 9207, on the ground that it is not
germane to the object & purpose of the law,
the regular court has jurisdiction to pass
upon the same (Holy Spirit Homeowners
Assn. vs. Defensor, 497 SCRA 582).
Cases
Increase in water rates by LWD is subject to review
& approval by LWUA. After LWUA reviews the rate
established by a LWD, a water concessionaire may
appeal the same to the NWRB whose decision may
then be appealed to the Office of the President
(Merida Water Dist. vs. Bacarro, 567 SCRA 204)
Third party claim before the court was for recovery
of possession & injunction, but it was in essence an
action questioning the validity of levy in the labor
case, hence, an incident of the labor case. RTC
cannot enjoin the NLRC (Deltaventures Resources
vs. Cabato, 327 SCRA 522).
Cases
There is nothing unconstitutional if the
President directs the development of housing
project w/o DENR authorization to reclaim the
land but makes DENR a member of the
implementing committee. The President can
exercise executive power motu proprio. The
ultimate power over alienable & disposable
public land (Smokey Mountain) is reposed in
the President & not the DENR Secretary
(Chavez vs. NHA, 530 SCRA 241).
Findings of Facts
General rule and exceptions
Bautista vs. Araneta, 326 SCRA 234 (tenancy issue)
Fabian vs. Agustin, 14 February 2003 (conflicting
factual findings)
The issue of whether or not petitioner is an alter ego
of Milagros Matuguina, the losing party in the MNR
case, is one of fact, and should be threshed out in
said admin proceedings & not in prohibition
proceedings in court (Matuguina Wood Products vs.
CA, 263 SCRA 508).
Immunities
Admin bodies cannot grant criminal and civil
immunities to persons unless the law explicitly
confers such power
PCGG under EO 14A may grant immunity from
criminal prosecution xxx
Apply Art 2028, Civil Code: amicable settlement
in civil cases applicable to PCGG cases
OMB under Sec. 17 of RA 6770 may grant
immunity from criminal prosecution xxx
Three-fold Responsibility
A public official may be held civilly, criminally
and administratively liable for violation of duty or
for a wrongful act or omission.
These remedies may be invoked separately,
alternately, simultaneously or successively.
Defeat of any of the three remedies will not
necessarily preclude resort to other remedies or
affect decisions reached thereat, as different
degrees of evidence are required in these
several actions.
PNP
Sec. 6, Art. XVl of 1987 Constitution
Authority of local chief executives: one of
operational control & supervision (Sec. 62 RA 8551)
Power of PLEB to dismiss PNP members upon
citizens complaint under Sec. 42 of RA 6975 is
concurrent with PNP Chief/regional directors under
Sec. 45.
Appellate jurisdiction of NAPOLCOM thru NAB and
RAB
Appeals from decision of NAPOLCOM should be
with DILG and then with CSC.
AFP
An Act Strengthening Civilian Supremacy over
the Military by Returning to Civil Courts the
Jurisdiction over Certain Offenses involving AFP
Members, Other Persons Subject to Military Law
(RA 7055)
General Rule: AFP members & other persons
subject to military law, who commit crimes
penalized under RPC (like coup detat), other
special penal laws, or local ordinances shall be
tried by the proper civil court.
Cases
The mention of petitioners name in the complaint for
damages w/the RTC as Telcom Director, arising from
the alleged malicious administrative suit vs. respondent
Raymundo, does not transform the action into one vs.
him in his official capacity (Dir. Pascual vs. Judge
Beltran, 505 SCRA 559).
OSG cannot represent a public official at any stage of a
criminal case or in a civil case for damages arising from
a felony. A public official sued in a criminal case is
actually sued in his personal capacity since the State
can never be the author of a wrongful act. Similarly, any
pecuniary liability an official may be held to account in
the civil suit is for his own account (Urbano vs. Chavez
& Co vs. Chavez, 183 SCRA 347).
Ombudsman Constitutional
Mandate
As protector of the people, OMB has the
power, function and duty to act promptly
on complaints filed in any form or manner
against public officials and to investigate
any act or omission of any public official
when such act or omission appears to be
illegal, unjust, improper or inefficient.
OMB Jurisdiction
Jurisdiction encompasses all kinds of
malfeasance, misfeasance & nonfeasance
committed by any officer during his tenure of
office.
OMB is clothed w/authority to conduct PI & to
prosecute all criminal cases involving public
officers & employees, not only w/in the
jurisdiction of Sandiganbayan, but those w/in
jurisdiction of regular courts (Uy vs.
Ombudsman, 03/20/01).
Immediate Execution of
Administrative Decisions
The decision of the Ombudsman imposing six
months suspension without pay upon Mayor
Buencamino for abuse of authority is immediately
executory under AO No. 17 of the Ombudsman
(Buencamino vs. CA, 520 SCRA 747).
The Ombudsmans decision imposing the penalty of
suspension for one year is immediately executory
pending appeal (OMB vs. CT Samaniego, 632
SCRA 140). Note: This set aside its earlier ruling.
COA
Constitutional mandate
Coverage of COAs jurisdiction
COA and Central Bank have concurrent jurisdiction to
examine and audit govt banks, but COA audit prevails
for 2 reasons (COA is constitutionally mandated auditor
& CB has no power to allow or disallow expenditures
xxx).
Entitlement of informers reward as determined by BIR
and DOF, although conclusive on the executive
agencies, is not binding on COA (Commissioner of
Internal Revenue vs. COA, 218 SCRA 204)
Central Bank
Actions of the MB in proceedings on insolvency
are final and executory and may not be set aside
except upon convincing proof the action is
plainly arbitrary and made in bad faith.
Close now and hear later policy
~no prior notice and hearing required
~prerequisites to MB action to close down
a bank and appoint receiver
~rationale
Good Luck!!
End