Professional Documents
Culture Documents
LAW
ROI..A1~() A. SlJ,\HEZ
FIRST EDITION
~Book.'or.
856 Nlcanor Rey... Sr. St.
Tel NoI. ~773513-64
1977 C.M. Recto Avenue
....
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differ-
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... _,.
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proper "bon
.....
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... _, ......
..........
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BY 1HE AUTHOR
PREFACE
ROLANDO A. SUAREZ
III
ACKNOWLEDGMENT
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TABLE OF CONTENTS
Chapter
GENERAL
PRINCIPLES
Page
Introduction
I)
Ii . .
{' mitiori of administrative law
11.
Admintstrabve law in actual practice
Background and development of administrative law
1\.
Origin of administrative law
2
2
3
6
6
7
9
9
11
11
11
12
12
12
12
13
13
14
Chapter II
ADMINISTRATIVE
AGENCIES: THEIR NATURE,
CREATION, ESTABLISHMENT AND ABOLITION
16
17
17
18
19
21
CHAPTER III
POWERS OF ADMINISTRATIVE
AGENCIES
23
23
23
23
23
23
24
24
24
24
25
26
26
26
26
27
27
CHAPTER IV
THE QUASI-LEGISLATIVE
POWER
Introduction ..............................................................................
Basis and purpose of the doctrine of separation
of powers
.......................................................
31
31
nU8ia 01 t lIB .'11 illt'lplll 1If' non dt'I"Hllt 11111ql JlUWI .8.. .......
Ciln legialutive
PO\\'CI'S Ill' dcll,gut,.d'I..........................
.. . ..
Whnt 1 lilt' tl'lIt l~l deltllllllll(J will t he n glVl'1I p"wel
hll8 been validly cxeJ'cisecl by n JIll t IIl1lnr
depnJ'tment?
......................................... ,
,
.
WhllL is tilt' doctrim' of' llllplie,,! ion
1>11I1Inctll)IJ Iwtwl'l'n Iegislntiv 1)()\vI'" IIIHI quusi.
It-Kllil~lliv(' power
,.t....
Wh"t is till' J(lIidt'lmc to uilt'l('J'vll ill 111'<1"1to ,'nllunl
thut then' is a valid dl'i<'glltion III puw(.1'1.........
('luHHifielltion (If administralivl'
rcgulnt iOlls
(II)
Distinction betweun lcgialnrive u.gulntwlI8
an d tnterpretntivo
It'gulntlOlls
.
Two k inds of legislative regulations
Requisites of 11 valid ndmini trntive rcgulutiou
Will II violation of an udmiuiatrntlve
rt gulntien giV(l
rI8(' to 't crlmln,. I pre) ecutiun? ................ ,
,
i{('(lIlIRltl'S
Ior the validity of'udrnini
trllli'\i(,II'gullltillJl8
with pvnal snnctions .., ..... , ,',
" "...................
'('(!HlH of II valid (h'll'l(lIt IIIn 01 pllWl'l'
(~orl11)1(t(~rlCHHtr-st , expluincd .,1, I" ,0
.
Sufficient stundurd
test, oxplniued
.. .
Whut IIrt the atnndurds 1'(('IIj:lIlIUdIII till JIIII du,tillll/.....
Tht, trend ()f c~.!'\C}\.1.. 1
1 1.......
.,
What IIrI' the advuntnges
of' delegruinn oil gislativ,
powur to udministrutive
"g"ll('I('H?
.
Whut is subdelegation (If power III nuthorlty?
Can quusi-judiciul POWI'I'S involving the oxercise
of'judgment and discret ion h,' confer red by
till' legislnture til ndminist rut iv ngt'IH'lcs'!
a:t
a:t
sa
:14
~r,
:111
:lIi
37
:i7
38
4:l
112
11(;
t1(j
t17
Mi
(if)
5f;
(if;
(iO
CHAPTER V
THE QUASI-JUDICIAL POWER
Definition
of quasi-judicial
power
.
IS
granted to an
ngt'nc)
IX
62
63
63
.
.
..
.
.
..
63
63
63
63
63
64
64
64
agencies
..
65
i . . diIcllon?
.
Wh a t ISJuns
..
a.I) Classification of jurisdiction as to
its nature
.
b) What is the source of authority and jurisdiction
of administrative boards. bureaus,
and offices?
..
c) Important points to remember about the
jurisdiction of administrative authorities ..
c.l) Limited jurisdiction
..
c.2) Withoutjurifldiction their acts are void ..
c.3) Source ofjUrisdiction
..
c.4) An agency cannot enlarge its own
J.un'ad'ICtiIon
..
c.5) An administrative tribunal may have
jurisdiction over a case but its decision
may be set aside if it deprived a party
of a full and fair hearing
..
c.6) It may be true that administrative boards.
bureaus, and offices are not bound by
the technical rules of evidence and
procedure. but it is nevertheless bound
by the cardinal rights to be observed
in administrative proceedings
.
Are the orders and the decisions of administrative boards,
bureaus and officea final?
.
When is an administrative decision considered
a)
res judicata?
65
66
66
66
68
68
68
68
68
69
69
70
71
72
..
72
Cases
a)
b)
c)
77 SCRA 321
..
72
72
..
73
..
73
..
CHAPTER VI
IMPORTANT PRINCIPLES IN ADMINISTRATIVE LAW
What are the important principles in ndmirustrative
law?
.
A) Doctrine of finality of administrative
decisions
B) Doctrine of exhaustion ofadll1inistralive
remedics ,..
.
.
Reasons for the doctrine of exhaustion
of administrative
remedies
Caaes
C)
D)
E)
F)
G)
..
79
II
79
..
80
..
81
82
86
.
..
89
.
.
93
94
..
95
.
.
96
96
..
.
97
..
..
99
.
.
..
99
93
98
99
102
102
loa
123
12-4
125
125
If
CHAPTER VII
OTHER PRINCIPLES OF ADMINISTRATIVE
LAW
130
130
132
(
134
135
1)
135
f.
149
CHAPTER VIII
APPEAl FROM, OR REVIEW OF, DECISIONS
OF AN ADMINISTRATIVE AGENCY
itt:J ffrom
tb lithe adm
He u f after the reso ut of the h gh
168
authonty
159
agency concerned?
161
161
162
162
163
163
165
166
168
169
170
170
171
CHAPTER IX
ADMINISTRATIVE AGENCIES CREATED BY
THE CONSTITUTION
Civil Service Commission, Commission on Elections,
and Commission on Audit are independent
commissions
Salaries, term of office, prohibitions at a glance
xiii
175
177
178
178
179
179
179
CHAPTER X
THE CML SERVICE COMMISSION
Section 1(1) - Composition and qualifications of the
Chairman and Commissioners
.. .
Section 1(2) - Term of office and staggering of terms
Section 2(1) - Coverage of the system
Section 2(2) - Appointment shall be in accordance
. and fitness
WIth ment
,.
185
186
186
187
188
..
be apJ)Ointed?
189
192
194
194
194
194
195
195
196
197
19i
199
200
CHAPTER Xl
THE COMMISSION ON ELECTIONS (COMELEC)
Section 1(1) - Composition and qualificarions of
the Chairman and six Commissioners
Composition and qualification at 8 glance
_
Reason for the proviso
"
205
205
206
2 6
207
:..0'"
~O'
2H
216
220
221
222
222
~~~2
ssa
224
:125
~~6
"
ueprotecttd
.'II
OOMBLIC
"1'Ipl. or .peeI,1
811neC9l!!![uy
IHAPTlRXI
CIOIINI.ION ON AUDIT
C1Oap."'IlII_
qut1lftcatton
Ito__ Wb~
'l'erai or"'udltllPriD.
orterm II
II.
.,1'"
.4 I,'
II
248
24r,
24~
2"(;
2";"
2-71
259
260
261
262
262
263
263
263
264
:.!64
264
265
265
266
of province etc
The 68Jd acts nrc still legtslative an nature
Section 11- Power of Congress to create metropolitan
266
267
political subdivisions
Power and limitations
Section 12 - Category of eitiea.,
Three kinds of ctues;
Sectron 13 -Authont)
of local government units
to group together and coordinate their efforts
Section 14 - Regional development councils
Section 15 Autonomous Regions
Two Autonomous Regions
Autonomous regions can be established only within
the frame ....ork of the constitution and the national
sovereignty as well as territorialintegrity
of the Republic of the Phihppines.................................
Section 16 - The President has general supervision
269
269
270
270
over autonomous
regJons
271
271
272
272
272
273
273
CHAPTER I
GENERAL PRINCIPLES
Definition
a.
3.
of adminit;trative
Administrative
Background
a.
law
and development
Origin of administrative
4.
Sources of administrative
5.
Relationship
of administrative
law
law
6. Classes of ndministrative
7. Administration
law
agencies
defined
9.
10.
a.
Internal
administration
b.
External
administration
Distinctions
a.
Administr-ation
and politics
b.
Administration
and law
c.
Administration
justice
of government
d.
Administration
as an organization
Weaknesses
of administrative
action
and administration
and government
of
DISCUSSION
1.
INTRODUCTION
.
I tion in our countrY carries with it complex
- d ff ti I h dl
Th e groWlOg popu a
problems that could no longer be efficiently all e ec. I~e y ~n ed
by the three departments of go\emment. More adm~rustratl~e
bureaus and offices therefore have to be created from time to time so
that powers. functions and responsibilities could be delegat~d to administrative officers or agencies that could devote more time and
expertise to accomplish what have been delegated to them.
What is being delegated is not only the power to assist and to
exercise said powers and functions but also the pow~r to Issue rules
and regulations necessary to carry into effect the mission sought to
be accomplished. In short. said agencics arc necessarily involved in
rule-making. adjudication and investigation, In fact. the body of decisions thev promulgate from day to day constitute the bulk of adrninistrative law.
To mention a few of the agencies of government that are actively involved in all the said functions are the ~atlonal Labor Relations Commission, Bureau of Immigration and Deportation. Philippine Sports Commission, Commission on Higher Education. Housing and Land Usc Regulatory Board. Bureau of Food and Drug. the
Department of Trade and Industry. Securities and Exchange Commission and many others The number of cases filed. for instance. In
the National Labor Relations Commission, Bureau of Immigration
and Deportation and the Securities and Exchange Commission are
growing in number from day to dav, It can be said safely that without
the assistance of said bureaus and offices. the problems of the citizens will not be given much attention.
2.
.
Noted authors have their respective definitions of admmistra,
tive law.
Roscoe Pound defines the term Madministrative law" as that
branch of mode~ la~ under which the executive department of the
~ovemment: acting In a quasi-legislative or quasi-judicial capacity
tnte~ere8 with the ,conduct of the individual for the purpose of pro:
meting the well-being of the community, as under laws regulating
OENERAL
PRINCIPLf
I"
In Its broadest
sen
the term "ndministrntive
law n 11lr!IHhg
portIOn of public law of the land cuncerning
('Xl'l'ul ivo IIlId
admllllstrnllvc
officials. In this sense, it includes much nf'lhl' Inw III'
soverurgn states, their powers and dut iI'S, the law of puhln- nlhl'ln II,
their election, appeintment
and removal, civil service, and Ilit' Ilghlil,
duties nnd liabilities of officers, milch of tho 10\\ of PUb"I' corporanons, the law relating to government BcrVlCI und the dist ribut iun o!
the bounties of govcrnml'nt, and finally, nil of thnt great nnd gnl\\ Ifig
mass of legal doctrine having to do with the enforcement Ill' IltHI ute
law regulating private affuirs. It nel'CSSIII1I) Includes also tilt' pion',
dural methods hy which subatantive
111\\In those fields 18 l,nl'l'lIl
all that
ated."
1. It is a branch of public
2, It deals
lnw
t ive agencies,
III'
ndmiuist
to ns "buards,"
rn"hu-
.......
'C01nm,iui4)n..
,n th
1\(1
t\
\dmlll
iarabon
EXAMPLE:
There II a Ie I pre umpt I \ th It th
by the National Telceolllmul\1
\1 \ (
noalOnable It mu t be c need d th t th
rate. by the governm nt throu h t
\I tit
anvolvea the e em e of re
n bl d,
h
I...there i. an abu e of that dl
\ th
not Interfere C urts d 1\ tint
tlve aenon pnor t It eomnlou
I ""\
d to Hllllin
md in tlln
fthl
lilt
\. 'li.\
mUl1hlllh'II"
IPl"
nhu ~ of diserencn mu t be
p!lunt and gross s t
amount to an \ a , n of posruve dut~ r to virtu I
refusal to perform dut\ enjoined bJ Is , - \ here the
J)ll\\(~r I exercised in an rilltmt) cr despotic m nne r
h~ reason of passion of personal h !!tlht.
7. Fuetual findings of admin) trotl'
bodres sh uld be a
corded not only respect hut I 6n8ht) lfth('~ re 'up'
ported b) subst nua] evidence C\ n If not 0\ c; J"\\ h Imme or preponderant '
Although findings of f ets of an adnunlStn.\U\
('\
1S persua l\ e m courts and e rn
th 1t 8 U'Oll8 proumption ofrorrcctne ..- n
- th mterpret uon
and application of! \\ I th eo
pro
u\
W/H~n C'CHI there be a judicial
foC'tll clf ad mi ni strarice bodi ,
of
findlngs
1)
2)
'JI"IT'I!of rn~uan'
Offi~ of the PreSldttt.d a1.. G.R..' 1 ~4, 1996
'CII1'3 r'ihplOO R('nlt, C. n"<vauon vs, Ofi'lte oflhe I"'tt.41
I rrudr.ntlal
Bank ,~ v., . It
G.R. 1\0. 41535. Jant:ary 19, 1_
IIrrUd,'nllal Bank, _ :-.. no.G.R 0. 4il-2S3,~
19 1_
\\;'I..trom \ Mil,. ' ,.R
7 January ~ 1
Prudl nttal Bank"
~no.
:;va
Det:x:::ba
1
AUNI
I lJtAIIVS:
lAY,
11
.a.
BACKGROUND
AND DEV";I.J'PMENT
OF ADMINISTRA.
Tl'VELAW
1be
IICI'ea.It
w day I f~ both
Jy Jncr~
the Iunction ofth,' thn e (:1) principal brunches of th('
pernm~nt. In the la t five d. cades, till' number of CIIRI'1I submitted
lor adjudJ(:ataon and ht~gntlon have d',ggt'd dockuts in 1111 court- Ad
mmiIJtnJuv .. cases filed In the different administrati VI' bun-a UR, corn
.'
..
WIII
boards
and other
VCIJume
om, e
have signifieantly
increased
In
0(
Admuu.trative Lew
~
angln of admlm8lrall~c
the IoIJowang
1
lod...naJ Kn~lne
v. CourtofAppeaJIl,G.R
OF 1I:HRAI PRINI'II'11
con V('l\il\nl'll 1I1' for tJU kkl'I Ill' IlW!'C t[lI('II1I1 11(1111iII i~tratilll\ til withhold the controversies,
III lou. I ill tilt' fir~f
iustanco, 1'1om the courts Ill' lnw,
2)
lncrea r. ofgol'crnmcllt
Cornplexit ios of modern life IICl'{' <;llrll) mcrease till' functions lind concerns of guvurumon;
whir ..h, III turn, rcqurres till' lugisluture
lei tTl'lItl' more udmimstrnuvc
ngencios \\ Inch \\ ill tnke churge in nttonding
to muttors t.hut domnnd their S11IOt'i1l1 competence nnd expert ise,
3)
4.
SOURCES
Administrntin'
1)
OF ADMINISTRATIVE
LAW
The Constitution
Article IX, Section 1 of the 1987
Constitution
which provides as follows "The Consti-
'.''i&iRATIVB
SUtatee aeatiq
LAW
administrative
bodies
... .. '3.
...... PbitippiaeOvenea.s Employment AdOlinistrntieD (POBA) took over the functions of the O~er__ EmpIoJment Development Board (OBOB). It
wuaeated bJ Executive Order No. 797 dah'd May
1, 1972.
M"M8.
B-amp"':
4.1 RaJ.......
Jeticms. circulars issued by the different atfmiIU8trative agencies of the government.
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VB.
to
APMINISTRAl'IVIo: I,,''''
~)
3)
b)
Land Transportation
Franchising and Regulatory
Board
NatIonal Telt>CommunH'utlOns Commission
c)
Board of Energy
d)
e)
CI" IIAeronauticI'
Board
bodies to carryon
AdmlOl.tratIH'
Council
governmental
func-
nons
4)
1\)
bl
Bureau of Customs
c)
Civil gt'n
d)
e)
Bureau of Lands
I)
ICC
Revenue
Commission
and decides
in-
E amplel'
ll)
b)
Philippine
Overseas
Commission
Employment
Adjudication
Offil'tl
Cl
5)
Administrath
party.
E amples:
a)
CommiSSIon on Audit
a private
1I
II)
I)
SIIl'inl SI't'
'1
11"
AdlllllliS1!otiv'l
.
C
a)
h)
c)
ell
'
Y System
II)()II')S
(JUice
and Franchising
Board
7)
Arljuriiclticm
Adltlinlstnltlv'l
)'
,
'
u lCJ( 11'8 that aSSIsts
UnIts 111M(,trCl Manila,
Local
Hegulutory
overnment
K'CHlllplt,:
II)
.:r.
Ml't rn Muniln
ADMINISTRATION
J)('vclopm('nt. Aut.horlty
DEI"INED
The
government
ndminist("s w}wn it appoints an officer, instructs its diplomatic agents, IHiS('SSCS and collects its taxes, drills it.'! army, investigates U case of tho commission of crime and execute the judgment
of court. Wherwv{'r we SCc' the government in action as opposed to
deliberation
or the rendering of a judicial decision. there we say is
administration.
Adminit.;tration
executive aetiun.I?
of
Administration,
as it i~ pre ..sently understood. refers to the aggregate of those persons in whose hands the reigns of government
are for the time being.ls
)It(
(2)
INTERNAL
legal structure
"Goodnow, Comparative
aspects
of administration,
ADMINISTRATION.
or organization
Admimstrative
namely:
Law, p. 12.
12
ADMISISTRATI\'EI.AW
2.
9.
EXTERNAL ADMINISTRATION.
This 1S concerned
with the problems of administrative
regulations
or the
exercise of power for carrying out the ends for which
such powers were delegated."
DISTINCTIONS
(A) ADMINISTRATION
GUISHED
ADMINISTRATION
AND POLITICS
DISTIN.
POLITICS
. .
LAW
Administration
achieves
public securrty by preventive
measures It selects a hierarchy
of officials to each of whom detinite work is assigned, and It is
governed by ends rather than
rules. It is personal Hence, it is
often arbitrary and IS subject to
the abuse incident to personal as
contrasted WIth impersonal or
law-regulated action.
It operates by redress or
punishment rather than by prevenrion, It formulates general
rules of action and visits infracuon of these rules with penaltie" It does not supervise action.
It leave .. individuals free to act,
but Imposes pains on those who
do not act in accordance with the
rules prescribed.P
42 Am JUT, 290
Rotlcoe Pound In Proclamation. Pol Sci ASSOCIation, pp 232-233
GENERAl, PRINcrpl.I':s
13
(C) ADMINISTRATION
OF GOVERNMENT AND ADMINISTRATION
OF JUSTICE DISTINGUISHED21
..ADMINISTRATION
ADMINlSTRA'tION
OF JUSTICE
OF GOVERNMENT
The administrative officers
.bo are charged with the adminiatration of government determine what is the law to find out
.bether they are competent to
act and if 80, whether it IS wise
for them to act.
(D) ADMINISTRATION
AS AN ORGANIZATION
GOVERNMENT DISTINGUISHED
ADMINISTRATION AS A
GOVERNMENT
ADMINISTRATION AS
AN ORGANIZATION
Administration
refers to
that group or aggregate of perIOns in whose hands. the reigns
of government are for the time
being. a It indicates the entire administrative organization extending down from the Chief Executive to the most humble of his
subordinates. It is thus the totality of the executive and adminiatrative authonties."
'lOoodnow.op.
ell ..
AND
p. 10.
ADMINlS'fRATlVF.
14
1,(
WEAKNEssEs
LAW
OF ADMINISTRATIVE ACTION
2.
3.
4.
5.
6.
-Lawyer'. Journal. Vol. 7, p, 560: Macapagal, Judicial Supremacy over Admin.atratlve Bodies, Lawyer's Journal, Vol. 12, pp. 312314.
CHAPTER"
ADMINISTRATIVE AGENCIES:
THEIR NATURE, CREATION,
ESTABLISHMENT AND ABOLITION
TOI'ICS
IN TillS
CHAI''I'EJt:
1.
Nut.llrf'
2.
Administrutiv
ag('ncies
:J..-- How lUI' udminiat rnt ivr, agencies created or established?
O. (;nmmon typea of administrative agencies
6, f)11C'.R the IIglslnturc
CXI'rCISC control over administrative
:S,
1'lIrl'1II1f'8 of ndminiatrutive
ng(nci!s'!
15
,
ADMINI ;TRATI\ E 1,1.\\
DISCU SIO'
1.
'N
If<:
GOl'I I
\..~ I~m!llllnk
1,1
Ih. I'h'lil'lllllt.
2.
ADMINISTRATIVE
17
2.
Power of adjudication
or quasi-Judicial
PUW('1'1l
function.
function
3.
1.
Discretionary
and ministerial
2.
Investigatory
or inquisitorial
3.
Determinative
powers.
powers.
a.
enabling powers
b.
directing powers
c.
dispensmg powers
d.
examining powers
e.
summary powers
Administrative
following purposes:
(1)
(2)
To carryon governmental
(3)
To carryon
public;
(4)
(5)
business or functions:
Tribunals.
2nd Ed .. 71.
1.
ADMINISTRATIVE
(6)
LAW
.c.
BODIES CREATED
AND
Admlni.tratlve agencies may be created by: U1 the Constitution, (Jl-th. legJ.lature in legislative enactments; or (.31 by authonty of law
Commission on Elections
c.
Commission on Audit
Bureau of Customs
b.
c.
d.
e.
f.
&ompk ofadmilliBiralive agencie8created by authorollow ullder and by virtue of variou8 government reor.",,;'011011 oct. ond ill tile proee of 0 reorganization of
,IN execulive branclaof tlae6overnment:
ily
a.
'McDermott. CIted
ID
Admirustrabve
5.
)9
ad-
TIlt' Public Service Commission was created under Commonwonlth Act Nu. lW. Said commission is now known
IlN the Board of Enl'rgy which was created
by Presidential Dccrec Nil, 1208 dnted October 6,1977
AGENCmS
AdministratIve
ngencies organized
rt'glllnti~
business interest.
of
Example:
II.
Philippine'
b.
c.
Sugar Regulatory
d.
National
c.
Secur-ities
f.
Land Registration
g.
Bureau
h.
"Bureau
1.
2.
Patent
Office
Commission
Board
Food Authority
and Exchange
Commission
Authority
of Forestry
of Mint's
Civil Aeronautics
Board
Example:
a.
Professional
Regulation
b.
c.
Board of Investments
d.
Overseas
Workers
Commission
Review
and Classificat.ion
\V,~lfare Administration
.......
Re aU D~Commission
Reltioo Office of rhe Department
'bltiODAI La
of Labor
La r Sc.andard~
organIzed for the purpose
n nee for the public.
of
rp t
PhI pp n NatlOnol RllIl\\8)S
c IAeronautIc Board
B
p:
Bure.u or Internal
Bureau
enue
r CUltom
Bank o(the PhlhpplOc
central
Rev
Adml
ratlYe apneic orgaml-ed for the purpose
ofl'enl\llpeclal pn~ lege or gratuity,
Bx
p.e:
e
d
of
=
Bureau
or Mines
Transportation
1\\\11
, '\'"l;" No
11;\'11\
II 11111111 NA"II[I,'
11'11 NII\NIII\lIcIIIIIIIN
1I1,j\I'IIIN,
:otl
" I \0iI' ""h lh,'" ~ Ilnl" 11111,' 1\1101,,)11 '11111111111,'" nil w,11 ""
\'1"
\1' \ 1\\ ",I. 11\, , II1\\ III II, nt' 11\, tI. II IlcllI ,\ .11 I ',1I1J{1I)1I8 Jl Iny 1111
\ ,Itth, .hn. ,. III ':}III" II, nl "III c,1 (111"111111"'11 111111illl'Klllllri,
"
111111111111111""
\ 0" \, I hi
,.,\ '"'' ," Ill,
"'h
II
Illlll
I lll,hllln", (I ","II!IIll1liOlllld
(llllrl'
, I ,I"
"I, 11\0 I 1111., IIJtIlI' 1111\ 1I11'I(IIlIIl'ily
\\1 nfl'o\"I"
I'
'1'1 h'I" III "", '\llIpl"I """. ",,'"'lfil' 1111 lI"porllllll
,,"
,111\\111111,
c 14 ,II
""1
1
,1111
"I,
,
C'f
1'1111 ill
~CI\ ,II1I1II'Ot ufl'1
1 he' ~1I11111t{lIl1h;l\;Ill
(11II11I"ltlllllitl.
1)1'1(1111
ol'j{ov
I "k"14
JIll rt III
HAPT R '"
It W "
ADMINISTRATIVE AGENCI S
In
"lInll
I'ow,
IIf
h) th., II
l"lICU
tI,'
r 1,1 ,,11111111 1r
"nel,
It"tllllntul'V lin WI
11
'x'
,,1I11rI
..
1'11"'11111101111",1111"
"
411'
"
41181"
I II NIIIIIIII\','
JIlIIa,
Ihl
Itlj{ntlllllll
(lIIW'"
I','WN
tulhl
klllit til 1'11\\1'1 'x"" I "tI ", ,h" , II by nd 111111111
II'''Uv, nM{l1I II II rlhlt",
til Ihl 1',,,"1'1118 ,el! II ..d til
t hClIII
HI
It
lli\t;ulrd
MIIII Iflllni
til
1'''\\1',
I'...lillllnn
1'\1
1"1""l
11111
{II 111\1' It.Ilton
(10\\'
:l
Wh"t"
th .. ''''purl 111((' III 11111111 111101111\1.: t igntory
IIlId r,"I\,tlolllllr "dllllni II It 1\" "gcne If ?
..
4''''111 I",
WhRt
'p.'C'ln",lIv,
IIa~nC'vwhcm
it e
a 1 li:IIRbl"'R
8 ')
Summar)
11.1 "'Xllmmllll(
tI"
('r'l
pcwers
IIIC' power of
,. 'III I I
pUWe'rll
poWe'n
pOWe'rK
Illllpe'n,ini powers
plJwl'rs
011 (ldlllllllst,'utiv(!
le's, lutivr powur?
23
DISCUSSION
1.
I.
As to the scope
and extent
of the power
as
exercised.
A.
REGULATORY POWER:
(1)
Power to conduct
investigations:
This power,
Including the power to carry out the provisions of
law are essentially executive or administrative
ID
nature. However. when it involves the exercise of
judgment. and discretion. it becomes an adjudicatory power.
(2)
Quasi-legislative
Power: This refers to the authority delegated by the law-making
body to the
administrative
body to make rules and regulations
which are within the limits of the powers granted
to it. provided:
a.
b.
c.
should be
not unfair
Quasi-judicial
Power: This is the power of administrative
agencies to resolve questions of fact
and questions of law involved in a case brought to
their determination
and adjudication.
provided.
that its determination
on question of law is subject to judicial review. The exercise of this power
24
ADMINISTKA'fIV~'
I.AW
U.
A.
DISCRETIONARY
,1tt>lTl'IIIIIIHI'Y
I'()W":U: This
18
III-
till'
IlliIlIHt'l'lIti.
IHlWI"
,,1'1111
mimstrative
agencies to net otliritllly
1111'" ,'Illill I'UBI'I!
referred to them acrorritng III the tiiltllll'S ,,1'1111'11' IIwn
judgment and conscience lind lint cont rolled hy I h .. JlIII",
ment or conscience of others
B.
2.
DETAILED
DISCUSSION
OF INVESTIGATORY
POWER
2.
3_
4.
5.
6.
hearing;
This
25
In the exercise of all the said powers. the administrative agency or official concerned should act within
the limits prescribed by law.
3.
WHAT IS THE IMPORTANCE OF ALL THE SAID IN\'ESTIGATORY POWERS AND FtTh'CTIONS OF ADMINISTRATIVE AGENCIES?
Findings gathered from inquiries and investigations help administrative agencies determine thp;r rprnmmpnnationc tr (;onzress Or the Executive branch.on what they think is the policy or
law tnat IS necessary considering the situation, condition or circumstances that may have been discovered in the course of investigation.
EXAMPLE:
The rising cost of fuel and gasoline have been as they are
always the continuing concern of our government considering their
consequent effects to the people in general and to transport operators and the riding public in particular. From time to time,
the legislative and executive branch of government have to call
all oil companies to relay the usual appeal for restraint in the
increase of prices considering the vehement opposition of all transport operators. cause-oriented organizations, students. employees and the riding public. In the past, the Oil Industry Commission or OIC, was entrusted with the function of regulating the
price of oil and gasoline. On account, however, of the oil deregulation law, the government has practically lost its power to control
the increase in prices of oil and gasoline.
For this reason, Congress has proposed the idea of passing
another law int.ended to minimize the price of oil and gasoline.
This notwithstanding, transport operators, cause-oriented organizations and concerned citizens are urging the government for more
reasonable oil regulations. In effect, committee hearings have to
be conducted with the end in view of finding out a more reasonable regulation of oil and gasoline prices.
Another example are the hearings and investigations being
conducted by the Land Transportation Franchising and Regulatory Board or LTFRB. This happens because of the petition of
transport operators to increase transportation fares which will
AIlMINII4I'lt,\
IIV~ I /l.W
"llIm.h,ly
.. ffert thu rommutillt(
I'lIhhl'
hl'llIlllI'
IIIIV Ilin 1'''"', III
fa"" wHl nc'cfllIJlllfllv touch thl' l"fllIl' 111,1111", V 1111'11"'1110,1 wit"" ,II
thlll lin", I' h(\lI'l{ r"",,hld hv till' 1':",pIIlVI"
II ( ',,"I,.e1I" III 11111ul IIH'
dUll til Vt'l V pour 1111111111'1111
",111
prevalllnllll\ thtl (,llIIntry,
PhlhpPlntlll
1111
"I'
4.
I'Ow.,:nH
I'''"",,~
AI(('fIl',V
It merely "Xt'rrillt'll tllll PIIWl'l' lit' IHIUUI'e Ii1111141 IIIH1111" I lUll wh it'h
nltlan8 that it cnn prumulgnt rlllnll IIlIcI I'C'HIIIIlIill 1111 I "lll1Iet ..d I,ll
carry out the provisiuna of thn luw lind illll1ll'III1'1I1 II'Hllllnl iVI
policy.
In the course of excrelll"'"
agency 18vested with different
1.
to it,
EXAMPLE:
a,
b.
c.
2.
IIf
subdivision
dlVt'lnj)I"II.
autho~itieR
pOWf'1'1I
(1)\(11"
to perfor-m ('IIl'H'ivt,
---
_,....
b.
and
DeponaboD not ~ aUow a Fil-Am player from playI" In lh. PBA on the ground of cltlunshlp
G POWERS - This
the power of an ad D..,..tive apocy to eUDune and Inspect books. papen. Ulcl records to Investigate the activitres of per...
QDder eadt Junscbction
18
The Bureau of Intemal Revenue or BIR can lawfullJ nem'ne the finenn.l statements and books
oL MCIOWlta of persona and companies.
b.
Co
lMaaiDeaa .. tabltshmentl
~
..
POWBIl- Tbia is the power of an adoftic:er to ...... t elEemption from the perDB oL ......
aI duty.
..
.,.. Buruu of Internal Revenue or SIR can exeaap& 80IH business .atabhshments
from eompliaace with some la.s or rules .hich are entrusted
to It tor enforcement.
Board or MTRCB
tiOD
IV
AIV
1.4,,1t ".,
f1f/ r'I
, II
It
tand.rd
l...
Ion," .dmlnhlt,.Uy" "Jul ... ""8
DatU Lton .,. ... Hn I.Ii.I.lly" "Jul.1. (" I
p...ut.lv. r.,ul.tl'Jn.
'I'w lUnda of "If.latly. ",ul.tam
an ...
.t
t ,,-,
"I.....
n... ". ",ul.taon
OoD"'-Pnt. ,.,ul.t.lcm
........ 01. v.lld .d",anl.,.Uy. ,.. ul.tlon
Wtll viol. lion ol.n .dmln tr.tlve ,,,,,uJati,,,, glv~
II'IlIIln.' prHfCutfon?
2t
"If:
it,
1\' ,,\
so
I,f ,"",""
11,11\"
Ii' ,II
",tll
\1\'\\
t'il"
I~,'I\\
."
19 'I't. Illuf
14
('UIllP" h lit
CI
(',st!
III
Rum"",,,t
16
Whlll
1I:-1 \11
\""
111'h,1
I\llIflll,'
(111'1111' IlIlIIhllllil
IlIlil
11\\1
,llIth'II'
1'11"1'"
" II l'(lnlt'ftlm't' ul Mill 1111111' 1\\,11""11'; \~"'\l1 I,
h".
1'1111 'I! I'lllhpl'''"' lh"1 11'1,1"111\'"'' 111t'1\1 \,1111\\1
111111111111.d
I; H N,' III
II
\1'11\ \ I')')'
1\
"I.
1\.11" ,
\lIlht,'.
\ t.mhl.r '4 Ul65
CI ,I) ('lIlllflll~
17
Ul
Whlll
19
Whlll
"
20
'M \~IIIII""
('
('1111\' '"111\111"
C"III'IIII
r \
of
7111'1111
'1'
I"'" t I
\1
'I' \ \:t:, U,
l~1\
."
nut h"'II,
III 1\ II' \
:\\."
I",
.h,
\;
l\
I'
IIUlllhllnt'lloll
uve
ugt'llt It'll'
PII\\I'IIIIII\I'"
'II"
l'IJ'h\ ''''''1\1
lllltlll\\\
\I
DISCUSSION
1.
INTROOUCTION
2.
The basis of the doctrine IS til\' Const It ution Its('lf w hieh "Ilocates powers to each of the snid depnrt ment s of gll\ ern nit' 11I
precisely on account or the principle that "the Phlllppine
IS ,\
democratic and republican State'."
It operates to maintuin thu lcgislntivo powers III tilt' h~I,.III'
tive department,
execut ive powers to the e ecut i\ o depart JlWI\I.
and those which are judicial to character to the judicinry Through
this allocation of powers, the pcrllon:; entrusted
with power III
any of the departments
of government shall not 1lt' permitted III
encroach upon the -power confided to the others hut thllt "lIl'h
shall, by the law of its creation, be limited to tilt.' exercise of tho
_I,m: 1
nm~' l'IC' III to 1
pt\\\'t'ril
S.
"1\11> l'rlllt'll,l"
Iklt"~ntn
:\ l
II
Is
xox-u
'1
G.\lll)"I
\. f
btl .. d
I); r " ~
4.
1t'gtslntl\
1
In
'"g cases:
Kllooum,
in
C\ ,t lutilmAl LII", I
in
<'ans
56.
t uona
La", I First Ed
UI
11:0
(1I)
'
1.1,181.1\1'1\'1.
'1'111' Cllngl('88
(b)
2.
I'
H'
""Kld"lIl
"Il)l''''~ JlI'y
'
(SI'CliIlJl :l:II:lI, Alt,id.,
I
'Y ow ~1(l1I1 lnriff JI"WI'IH to l}".
l'I'sHll'l11 (Scl'tilJll ~8(21, Article VI).
('"ngn'a8
P'
Pulit'I'
nu
Iy
LCgllslntivl'
men ts:
:3.
all
I>"WI'I'8 til 1I
VI)'
I'IJWP,K
1)()Wt'! h
IIJ
local
gcJVI
I'll-
(11)
(b)
Emillcnt
L{'gislllll\'c'
Inrgt"
(a)
118 lI'c'lI
Domain,
Jlllwers fIluy he deleguted
I{t'ft"'pndlllll
to till' people at
un impor-
IJI
the
VIlIt' IIIl
.1.
5.
WHETHER A
GIVEN POWER HAS BEEN VALIDLY EXERCISED BY A
PARTICULAR
OEPARTMEN1 !
W
whether or not
the power in quest ion, regardless of its nature, is granted by the
Constitution
to the department
\\ hich seeks to exercise such
power. If it IS granted by the Cunatitution,
the exercise of the
power is sustn invd.
TRINE OF IMPLICATION.
AllMINISTRATIVE
LAW
confer_
ment, the exerCl8(' of II given power may be justified or reasonably Inf.,rred from the express power already granted, or that it
mAy he necesllary
granted
EXAMPLE:
1.
Rules of proccdure promulgated by the Electoral Commisaion were challenged because they were allegedly
not (lxpr('lIsly authorized by the 1935 Constitution.
In
Angar ux. Elvctoral Commission, the Supreme COurt
upheld the promulgation of the said rules of procedure
IlI'CIIUllIltllt1y were found out to be necessary to the
proper CXl!rCiKeof the express power of the Electoral
('ommlsslon to hear and decide election contests involv,
IIlg members of the legislature.
2.
(b)
tc)
by
'I'III~ <lIIAHI
I.I'lC;IHI.A'I'IVI';
un
l'OWl'll<
... 1<::-;'1': ASlIlIl11i "H I hili I hI' POW"I or 1111' lid IWIIUhl.
to lit' Jlt'l'lill'l1wd ill P'pll.tlNly
Ill' illlplll,dly
'~l'Ill1t"d
hy 1111' <'ClIIIII
tul ron, or I hili il iN just ilic'd 114 111111'1'1,"1, IIH' f!)url II is wllIIl h"1 ell
not t he UI'I III' IlClW"" '" ''''1',,111'11 hllll hl'I'1l 111'1 1111 IIII'd III IIl'c'ol'd
IHlI'C' with Ihc l'uh'!lll1icl
dOWII bv till' ('I)IIMIIIUIIllIl
A ~oCld ,')111111
ple IS tho 1'Il111pIIIIIH'!' I'I'Cflllll'd
by !-il,d 11111 21, Art icl VI III I h,'
,19A7 ('onRlllullllll,
wlnch Pl'UVltll'tI 111111 t lu- powr-rt C'ullcl"C'I I"K
islntiv invt'lIllglllllln,
1I111l11lwh unplu-d 1'1'0111 l lu: pnw"1 "I 1111(111
lut ion, ill nnw IlIlh.lI'('1 ICI IIII' IOllllwlllj.( n'lIll'lIilllli
"'UUR't'li
(II)
'1'111'
(h)
(r )
'Pill'
It'gIIlIIlIIVt'
'1'11('other
ment to
tiona, till'
8.
t'(lUI'IR
in, nf'fll('Ltlcl
hy
11(1(:11
in-
cxiuu pll'
1\ IW1'IIun
IH'I'IIClTIII IIppt'lIrilll{
righl,1I1l1'
quurea,
IIHlllIl'y
j II
who doc'lI
mny
nut
('Xl'I'l'llIt'
P()HHlllIlI Ih P"Ollt'l'ilwd
itM power ttl intnrvcn.
LEGISI.A'I'IV;
r-ow ..~n AS J)IS'fINGUISIII~f)
QUASI-L~GISl..A'rlVl'; POWf<;n.
qunlificu
FROM
LEGISLA7'IVJ.: POWER
It ill tilt' power til mnke InwII Hod the power to fix U IOg18111tive policy, Thill cun not he dl'lt'~nled by the legisluture to udministrative ugcucies.
QUASI.LEGISI...A
'lblC/,
TIVE J>OWER
!H!
ae
7.
ADMINISTItATIV~'
I.. vw
should lay down (I) a pilI,,'.". IIl1d (2) II cit'/inite standard by which the ~xl.'cllti"t' OI'luhllinistratl\ t' tlllH't'f til'
board may Ill' I(uided in the t'xt'rri"" of his ,hlll'n'lltlll.ll'~
lIutlwr'"
ity. lf thi ill Ilhtl"rvt'd, then' is no th.It'l{lItlllllllfll'gu~llItl\'t p'I"I'J'.~
If, 1111 tilt! other hund, the stutut o f\ll'ni~Ilt'~ nu ~tnlHlllnllll\ll t hu
"flit'" or hoard iK Krnlllt'd unclIlltrnlt,'d Ill' unliuutvtl dlllln'lllllI.
The 1t'l(iRlnture
is an uncollMtiluliol1nl
such u atututr-
I.
POLICY - Th del,'rlllil1l1lHlI1
of II'tri~lnti\"t'
pllhQ is
vested in till' Il'Ki81111111'1' lind Ihis 1'111\11111
ht' til,h'l-!lIlt,d
til the IIdminislrativt'
1I!o:"IWi,'s, 11 mus! lw dt'(nl~ divclnrud in till' languag of 11\(1 Ktntult' nnd ~lltllllllllllt
lit'
I"ft til lIw diHl'rcliul1 Ill' 11\(1 NUll!ndlllllllHll'nl1\ t' II~t'llCit'M.
:l,
H.
KllI
II th,rlllltt'
t lIll"
CI..AHS.Jo'ICATION
TIONA
OF ADMINISTItA'rIVfo~
R.~(all.J\-
All lid III i 11illtrn II Vt' "KI'Il('y mlly l'lllwr hi' In \'01 H.d III IIII' III~~
of lid opting rult'N lind r"gulnlionK
inl"nth,1I It I ('111'1') out I Ill' pruv:
MiollR nf II Inw IIl1d til implement It'l(illlllllv('
PUIH'Y.Ul III tht' IIIHk
of jntl~rprltinl( till' 1I1111ul.,' IWII\~ IIlinllnilltt'l'l'tl
'I'hl' rules t1lt'y udopt ttl imph'llIt'nl
rules
nn81111(
called ipterpretatiye
regulatiop',
8'1
DISTIN(,TION
U"~I'W..a-~ l.}o~t;a~I.AI'I\ l'~ HIt'(aJLA'I'lONH
AND INTERPRF'l'A'I'l\'J..: R";t:UI.,\'I'lON:-\
LEGISl.A rtvi:
REGUI
'l'1(')N~
1. What
II II-:Ul'IU,'1 II\'I~
HE run ..\ noxs
I'IH'
ulgnling
II"
"'1181111111'
1111111141
IIII"I'tI
III
til 1\
l!llllle
\ "Id
~Illd II",
II til
I ,hilt,
I ht"
rev
11'('
ulljl\l
tojudleinl
It'\\
shall be t'nfllrll,tI
9.
Th 1\'0,21
kinds of lC'glt'lnhH ..C'culnllllil
Ir, (I) SUJlpl1
mentary rt'gulnlllln;
and (2) l onrlngon! regulntion
1.
Suppltnwntnry
111'1'11'1111'111
"lit It
ute
St'C'llIln lllf,\rtldl':-\11
171:5,dill'll
lilt
thnt tho
t'1'1\11I' (;"llI'
I till
11111\
mce, t;uhprtl\ men, 11\\11 II "I}'(I " 1, ,II I"" 1\ hlp, "I IIIh"1
polific II subdlv 1>11<\11 or II' Irlllt' auch 1'1'1 '1""6116
IIIft\
be required, ult'rge unv III h dlvislon tI m I b, n 'lUll' d,
name til" 1I1Ihdl\ ision n III \ ht \ refill"l, ,hnlll'l
thl
",'Ill of gl)\ I rnment
"II hin 111\ 111"1,, 11111)11' I IlIlll "I
\'rt'nlt'li t IWrt'lIntlt'I',~
'I'hl!! "II~<l1l1'"lilllll'dIlR
blnt"
I' 1'11\\
.'1",
III t'n~'I'I,
38
The Supreme Court susta}oed :he ,:oostitutionality of the said Section 1 of Arucle ~o 1/4S. and ruled
that the delegation was ~slmpb a traos~e~enc: .of certain details with respect to pro\;'nces. mU~CIp~htl~s ~nd
townships, many of them newly cre.ated. which IS JUStified because all of them are subJect to more or less
rigid change both in development ~od center of population, the proper regulation of which may .requlre not
only prompt action but action of sucb detailed character as not to permit the legislati\'e body a!' such to take
it efficiently,"
2.
A Accor~ing to prescribe.d procedure (It must be promulgated In accordance with the prescribed procedure):
R Reasonable
i56 PhIl. 234
A"lhCl~I~y to .,romu'guh'
an udminj8tra~jve
regu.
1".lu". IIIIB IB gflllltl'd ,itll,r by the charter Itself of a
."I.tlllllll' If" IVI hlllly, nr by the law it ia supposed to en~
III" I """(",
OilY lIml all administrative
regulation
.ItRW'11 IIv 1111' Illlm'"1 t rat ive IIglncy should not be con~
Ifilly I" 111"11(1111 charter or law that creates them, and
I IInl IIII'Y 8hllllill be III conformity with the 8tandard~
1'''' "I "Hd hv luw,
:J.
VB
can
II II J
he
II
"'1\ 1\ n I Mv
tlill
1!lIIIIlVI
r IIIIIM WIUlOul
iug. /I"/I'WII
I ','CI
II Vililld
fli
I
1111, 511hJIII
III
ud-
IIIP'
II
ull
u 1 It ALLO"
filillg"
II
INf! A I'HOVfH,ONAL
MAXIMUM
fH 11001.
I' EI':S 'I'IIAT
MAY HE
c'IIAUtlJo.1)
II\-'
AI.L
PJlJVA'fE
At 1I001.S
IN 'III": <!OUN','JlY
It'OR
IIII~ Hc"1I001. Y":,\I( HIM7 'I () J9HH I h, HlIl'rlllli I ourt hull! that pi I"" nllli,'p
11111111IlIlliV
IIC 11111I II entinl
[0 the validII v "Ill I 1111111
" /(1'11~1I11: Deplll ununt Or-
.1"
,
of
pfiOI
IIlrlll
III1Lh'
III !lot
n qulrcment
of dul' proc-
I I 4 l'Unl.lCA'llnN o .. AD.\1INIS')'ltATIVE
1t1'.<HJI.A'IION - 111I'Y must be published
IIlh'lI jill I P" u is to enforcu or implement
I XI tlliH law I'UI unnt to a valid dclcgution.
I JOWl v, r If a rl ulauon is merely internal
In n uur or merely, an Interpretative
reguInuon It n ed not he published."
na f,,"ndaUOD
III
,II
I.
All lltilllillilli rnt in' 1'I'~lIlntlon must be rensonuble: Unn'n>lllllllhlt" m-hit "III)' lind opprvsstve udrninist ratrve
n'~11 lnt IIII1B \ iulnte due process.
..:XAMP
1.
r.K:
Or
Stlid urd,nallce was declared void lind unconst it.ut iunnl- \\'hlll' it is true that the Philippines as
II ~tllll' i!> not obligld to ndmit aliens \\ ithin its
It'rr,!tll'\', once lin alien is ndmitted, he cannot be
dl.pn\,t'~l of lift' \\ u.hout due process of law. This
gUllrllllh'C includes the mC~lns of li\'elihoo~. The
ordillllnce amounts to 3 denial of the baste right of
the people of t he Phifippines
to engage in the
1111'II11S of livelihood,17
, ...,,'" ""'"
'"1,...
I
,,1., \ ~ \','nhnnll,
,. "
M!",Clr Vlll"tr"~ \" Hiu ChielO!!: r"", Pao Hac, III>tiC RA 270
I'IIJMINISlltAII\'1
"
II\W
All
which
pl'lInlizCH
WILl. A VIOI.A1'ION 0'" AN AU(\UNISTHA'1'IV ..: I(I';OUI..ATIUN (av.; IUS.; TO A ('lUMINAl. PIlOS":<;U'J'JON"
12. In':(~lJlSI'I.~S
)14'111111111111'(
JlllniHhahll'
IIlId
1""'-
Thlll'l'fIIIlHII"8
II II
\'111111111111
IU':(all.ATI()NS
W
IIIW,lft
iv I'l'gulllliunll
111118
I.
'1'111111\\
2.
:1.
l'uhllC(ltlllll
IIIWIt which
olllitIlI'lZI'Slldlllinistrlltiv"IIUlhol'l
111'8 lu 111811,till' 8CIIIII' IIllls1 dl'dal'C 118 punlshuble
till'
\111111111111 of the rule
nnd n'':lIlullllnl! ISSUl'd IInd,'1' IlK
'luthllrJly:
must.be made.
CASES;
PEOPLE
VS. MANCEREN
79 SeRA 450
it.
THE QUASI-LEGISLATIVE
POWER
43
FACTS:
Section 11 of the Fisheries Law prohibits "the use of any
obnoxious or poisonous substance 10 Iishing." The Secretary of
Agriculture and Natural Resources subsequently promulgated
Fisheries Adrnirustrative Order No 84 prohibiting electro-fishing in all Philippine waters. Said order was amended by A O. 841, by instructing the ban against electro-fishing to fresh water
fishes.
The respondents were charged for having violated A 0 841. The complaint alleged that the five accused used an electrocuting device locally known as "sense" to catch fish through electric current. in the waters of Barrio San Pablo. Sta. Cruz The
criminal complaint was dismissed. The dismissal was affirmed
by the CFJ. Hence, this appeal.
ISSUE:
Whether A.O Nos 84 and 841. penalizing electro-fishing,
arc devoid of any legal basis, and hence. invalid?
HELD:
Ye The Secretary of Agriculture and Natural Resources
exceeded its authority in issuing F.A.O Nos. 84 and 84-1 and that
those orders arc not warranted by RA No. 8512. The reason is
that the Fiaheries Law does not expressly prohibit electro-fishing. Since electro-fishing IS not banned under the law, and the
Secretary ill powerless to penalize it. Hence, A.O. Nos. 84 and 841 are devoid of any legal basis.
ADMINISTItATI\
E LAW
Circular No. 20 of the Central /Jank tchlch. prescribed II penoily for its uiol atlon should be pubIillhf'tI before becoming c(fcd;!'c.
"'ACTS:
Centred Bnnk I sued n circular (Circular No. 20) roqumng
tho l! who hod foreign currency to sellthe same to Central Bnnk.
Que Po 1,0,' Yo.1 accu ed of violating Circular No. 20 but he claimed
th It the aid circulnr has not yet been published in the Official
Guzotto before hl alleged ~iolation of the same and he hould
therefore be ncquiued
IlELD:
1'11('Supremo Court u tamed the defense and held that before the public I bound b,) Its contents. 8 18Yo.regulancn or CIrcUlar must first be published so the people will be officially informed
of the snme, paruculnrly the penaltie for violating thereof.
GIL HAL BUENA vs, SECIU.'TARY OF EDUCATION
110 PHIL. 160. G.R. NO. L.14283
NOVEMBER 21. 1960
Department Order lY,o. 8 issued b.,' the Secretary of Bdueatlon
does not provide a penalt)'
again.' the pupils ,..fusirag to participate in the
Flug Ceremony.
THE QUASI-LEGISLATIVE
POWER
45
FACTS:
1.
or
does
not It set fort h I Ill' po 1,.
dt,lt'g:ltt",' ('O.\fl'LI-; r,,',\"F8~ 7'ES T
-hich nre sufficiently
Does t~e law Ii, staudurd IInnt,.; ""
the dt'lcgnlc must
determinate or d,'tt'rminubll'
to w hie h T'L' S'T)
conform') lSi 'FF/C1E.\'T ST.\SDARJ) J.j ..
2,
I"I111pll'h"1
FACTS:
A law was enacted bv the Philippille
Legishit ur in 1919
which authorized
the GO\'t'~nor Gl'nt'ral to issue and promulgate
temporary
rules and emergency nlt'nsur~s to implement
the purpose of the said la w, also known as Art 2868. The Governor General issued a proclamation
fixing the price of rice and penalizing
the violation thereof. The purpose of the law is to regulate the
sale and distribution
of palay, rice and corn. particularly
the monopoly. hoarding of, and spcculat ion of said commodities,
..u S
"M
47
ISSUE:
Is the contention of the accused tenable and is the questioned
law complete as a legislation?
HELD:
The law is not complete as a legislation, and consequently,
there IS an unconstitutional
delegation of powers for the follow109 reasons:
15.
1.
The legislat.ure said that the proclamation may be issued for cause and leaves the question of what is any
cause to the discretion of the Governor General;
2.
3.
The law did not also specify or define what. such temporary rules or emergency measures are, or how long such
rules or emergency measures shall remain in force and
effect, or when they shall take effect. All these were also
left to the judgment and discretion of the Governor General;
4.
SUFFICIENT
deter-
tution
18. " ... AT ARE TH,,: STANDARDS RECOG~l.ZED I~ THIS
R .. oc nTIO~"7
A d. id d 10 old and new ens
the following standards have
be n ree m db.} our Supr me Court a valid and sufficient, to
'A1t
Ju uce,
public
qUit)
In tll
Public wp.l~ re
Public ant r
I;
Sun placH),
lilt re t
nv
OJ
nee
nd welfare
nd ord r
rJw
l..
conomj
nd cffici Dey
N ..:'" C'ASio:S
Nation
I ant r
emplovm nt pr cue
t
ad ub Id m tte
price
t nd rrdi
Troffic afet
u n
nd re
n f medi
1 edue uon
TH
co
"'ENF
Q AS) U:Ot
LATI\
PO\\R
..: OF
:fiT
lPl ..0l
'
'
1
\'
'
.
'
o.u.
'''If
,'0.
FAr.TS:
Phlhppm('
Over en ":naploymcnt
Administration
u don 14 J nuary 1994 GO\Crlllng Board Resolution
01 mer
10
nd odJu tang the rate of cornpensauon
Dnd
th r ben fit an I) rt II, Section C. paragrnph 1; Section I., paraIraph
1 and 2, nd Appendix I.A ofthc I'OI-;A Standard Employ
m nt (' ntract
for
farers The odJulILmcnts were made offect v 20 March 1994
Admllll tr tor" t: hCI imo Jo on issued Memorandum Clrcu,
lar N 05 on JtlllU81') 19, J994. mformlng all Fillpino senfarers.
manning agen I
shipowners, manegcrs and principals hiring
Ylhp n Mafar<'I'B, about aid Governing Hoard ResoTiltlon No.
01
Petitioner
filed the present petiuon urging the Court to
annul J(e80lutlon No 0 I, series of 1994 of the Governing Board of
the Phtlippine Over a ":mployment Administration
(P< )I-:A) and
POEA Memorandum
CIrcular No 05. serres of 1994. on the
l"Ound. that
1
The POEA doc not have the power and authorlt,) to fix
and promulgate
rate affccung death and Yo orkmen's
cornpen ntion of FIlipino eamen working III ocean-gomg ve scls: only Congre s cnn
Even granting
that the POEA has that. power, It, neverfor Its exercise.
t\1l~tJNISTH.\TI\,E la\\\'
ISS(rE:
Does till' POEA have the power and uuthority to fix and prom,,1'-:1\1('rates affecting death and workmen's compensation
of Filipino seamen \\ orking 10 ocean-going vessels? Granting that the
POJ.:A has that power, did it violate the standard for Its exercise?
HELD:
The constitutionul challenge of the rule-making power of the
POEA based on impermissible dvlegation oflegislntive power had
been, as correctly contended by the public respondents. brushed
aside by this Court III Eastern Shipping LweI', Inc. us, POEA (166
SCRA 533). The petitioner in that case assailed tilt' constitutlonalit v of Memorandum Circular No. 02 of the POE A (effective 1
Februan' 1984) which prescribed a standard contract to be adopted
by both foreign and domestic shipping companies in the hiring of
Filipino seamen for overseas employment. The challenged resolution And memorandum circular here merely further amended
Memorandum Circular No. 02, which was earlier amended in 1989
per Memorandum Circular No. 41. series of 1989,
The POEA mandate referred to as providing the reasonable
standard for the exercise of the POEA's rule-making authority is
found in the statement of powers and funct ions of the said office
in paragraph (1). Section 4 of E,O. No. 797. to wit:
1.
51
While the making of laws is a non-delegable power that perLa.1 ns excl usiveJy to Congress, nevertheless. the latter may conStJ~utionally delegate the authority to promulgate rules and regul~l1ons to implement a given legil'lation and effectuate its polieros for the reason that the legislature finds it impracticable. if
not impossible. to anticipate situations that may be met in carryIng the law into effect. All that is required is that the regulation
should be germane to the objects and purposes of the law; that
the regulation be not In contradiction to but in conformity with
the standards prescribed by the law.
The challenged resolution and memorandum circular. which
merely further amended the previous Memorandum Circular No.
02. strictly conform to the sufficient and valid standards of "fair
and equitable employment practices prescribed in EO No. 797.
The last Issue concerns the contention that without the appointment by the President. of the third member of the governing
board. the POEA cannot legally function and exercise its powers.
ThiS contention merits scant consideration Section 4 of E.O. No.
797 indubitablv declares the immediate creation of the POEA.
Thus. upon theeffectivity ofE.O. :-;0. 797. the POEA attained its
juridical personality, The appointment of the third member "who
shall be well-versed in the field of overseas employment." provided for in paragraph (b) of the said Section, was not meant to
be a sine qua nOll to the birth of POE A, much less to the validity
of the acts of the Board. As a matter of fact. in the same paragraph. the President I~ given the "discretion [to] deSignate a
Deputy Administrator as the third member of the Board."
PELAEZ VS. AUDITOR GENERAL
G.R. No. L-23825, DECEMBER 24, 1965
Section 68 of the Revised Administrative Code
is not complete in itself as it does not state the
policy to be executed by the delegate, and neither
ADMIl\ISTRATI\'E
52
I.AW
doe it fix a .,andard, the limits of which are Bufficiently determinate or determinable to which the
delegate must conform. The authority to create municipalities is one which is essentially legislative
in character.
FACTS:
Former President Diosdado Macapagal issued Executive
Orders under Section 68 of the Revised Administrauve Code, to
create thirty-three (33) municipalities. Former Vice President
Emmanuel Pelaez contends that Section 68. as aforementioned,
is an undue delegation of power and said executive orders are
therefore null and void.
ISSUE:
Is Section 68 of the Revised Administrative Code an undue
delegation of power? Can the President of the Philippines issue
an executive order under Section 68 of the Revised Administrative Code and create a municipality?
HELD:
Section 68 of the Revised Administrative Code is not complete in itself as it does not state the policy to be executed by the
delegate, and neither does it fix a standard, the limits of which
are sufficiently determinate or determinable to which the delegate
must conform.
It is true that the last clause of the said Section provides
that the President "x x x may change the seat ofgovernment within
any subdivision to such place therein as the public welfare may
require," but the phrase "as the public welfare may require" qualifies, not the clauses preceding the ones just quoted, but only the
place to which the seat of the government may be transferred.
It is true that "public welfare" and "public interest" are sufficient standards of a valid delegation of powers, but said cases
involved grant to administrative officers of powers related to the
exercise of their administrative functions which is different from
the nature of the powers referred to in Section 68.
1'Ho:QUASI. LEGISLATIVE
POWER
53
NOTE: Under Article VI, Section 24 of the 1987 Constitulion, all "x x x bills oflocal application" shall originate exclusively
in the House of Representatives,
but the Senate may propose or
concur with amendments. Section 24 provides as follows:
"All appropriat LOll,revenue, or tariff bills, authorizing LncrcafiCof the public debt, bills of local application, and priuate bills shall ortgtnate exclusively Ln the
House of Representatives, but the Senate may propose
or concur untk amendments ."
The ruling in Pelaez VB. Auditor General that the authority
to create municipal corporations are essentially legislative in character still applies.
PEOPLE VS. VERA
65 PHIL. 56
The prohibition of law does not lay down any
rule or standard to guide the provincial boards in
the exercise of their discretionary power. What ie
granted to them is a "roving commi ion n which
enables the provincial boards to exercise arbitrary
discretion, which thereby amounts to virtual surrender of legislative power.
FACTS:
In Criminal Case No 42649 entitled People of the Philippines vs. Mariano Cu Unjieng, the latter applied for probation
under Art. 4221. However, a petition for certiorari and prohibition was filed by the petitioner in the Supreme Court to prohibit
the CFI of Manila from taking further acnon on the said application on the ground that said Art. 4221. also known as the Probation Act is unconstitutional
being an undue delegation of legislative power.
Section 11 of the said Probation Act, which was challenged,
reads as follows: "This Act apply only in those provinces in which
the respective provincial boards have provided for the salary of a
probation officer at the rates not lower that those provided for
ADMINISTRATIVE
64
LAW
by
of
ISSUE:
ls the . aid Probation Act un con. titutional
ill an undue delegation of officer?
on ground
that it
HELD:
The effectivity of the Probation Act i:- dependent on whether
or not the Provincial Board makes the appropriation.
In effect,
the Provincial Hoards shell exercise the power to determine when
the said Act shull takl' effect in their respective provinces. And
yet, the law docs not lay down any rule or standard to gUide the
provi ncial bourds ill tho exercise oflhcir discretiona ry power. What
is grunlld to them is a "roving commission" which enables the
provincial hoards to exercit ('urbltrary
discretion, which thereby
nrnountrng to \ irtunl surrender of legislative power.
In Colalang us. Wtllwm.q, the requirements
of public convenience and welfare were considered as definite standards. hence,
there WIlR no undue delegaticn of power,
CALALANG VS. WILLIAMS
70 PHIL. 726
611
HELD:
The Director of Public WorkH did not determine
what the
law shall be. He merely aaccrtained
the fncts and circumatnnces
upon which the application of tho low ill predicated.
Definite standards
arc provided an the law which lays down
the requirements
of public convoruencc and anterest all a guide in
the promulgation
of rules and regulntions,
1.
Productivity
3.
a7
Commission."
56
in COllfi.'rem,' of
aJ.
I.
t::,
"(I
II II ill/!
\!!Nlrlr::.
Inc.. ,./
POEA, et at
0.
.\tal'ltI1/l1
de
in
j~lI~t/ll
11:'1,'
":;
ClI:""I1~;,ly
Fdu,
CIES?
1.
2.
3.
.1.
The ndllltni:-;tr.\ll\'.' :lgl'lll'il':-; hus I Ill' timo nnd muchinery to n'H'an'h, :-1udy and make rcconnucudat inn" nn
how to improve or st rongthen t he law,
THf: QUASI.LEGISLATIVf:
POWI-;R
(,7
I)oWI'!'1I
by
CASE:
BILL MILLER VS. ATANACIO A. MARDO E1' AI .,
G.R. NO. L-15138, JULY :U, 1961
It may be conceded thai Ih(' [e/;fislaturt' mtly
confer on administrative boards or bodies qu anijudicial powers inuoluing the exercise of judgmont
and discretion, as incident to the performance of
odminietratioe functions. But ill so doing, th o ltW'
ielature must state its intention ill clear terms thai
would leave no doubt, as even such quasi-ju dici ai
prerogatives must be limited. if they are 10 be ualid,
only to those incidental to or in connection uiit l:
the performance of adminietratire duties, uihich.
do not amount to conferment ()fjurisdiction over
a matter exclusicely vested in the courts.
=tu;
ADMINISTRATIVE I.AW
&8
FACTS:
The Government
Survey lind Hl'organizulion
Commission
prepared and submitted Reorgnnizntion Plan N(). 20A.llS authorized by Republic Act No. 997, (IS amended by Republic Act No.
1241. The validity of'aaid reurganizntion
plan was, however. questioned in different courts insofar us it confers jurisdiction
to the
Regional Offices of the Depart ment of Labor created in sard P~an
to decide claims of laborers for \VagI'S, overtime and HcparallOo
pay, etc.
ISSUE:
Arc powers and jurisdiction granted to court ...of Just icc transferred to tho officials to be uppointed or to the offices created by
the said Rcorgunizntion PIan'!
HELD:
The legislature could not hll\ e intended to grant such powers to the Rcorganizntion CommISSIOn. an executive body, as the
legislature muy not and cannot delvgnte its power to legislate or
create courts of justice to any other agoncy of the govl'rnmcnt.
1.
2.
NBI (National Bureau of Investigation) agents are authorized to conduct invetitjgations of cases as~igned to
them by the NBI Director. Their findings and recommendations will guide the bureau and the head of the
agency on what will be the course of action to take.
3,
59
20. CAN QUASI-JUDICIAL POWERS INVOLVING THE EXERCISE OF JUDGMENT AND DISCRETION BE CONFERRED BYTBE LEGISLATURE TO ADMINISTRATIVE
AGENCIES?
.
"Sill Miller vs, Atanacio A. !\tardo, et 01.,G.R ~o. ..15138, July 31,1961
CHAPTERV
.. di . 1
is granted to an adminis2. Reason why quasr-ju icia power
trative agency
3. What is the main function of administrative agencies and
the administrative officers in-charge of said boards, bureaus,
and offices?
4. What powers are included in the term "quasi-judicial power?"
A)
Determinative powers
a.1) Enabling powers
a.2) Directing powers
B)
a)
Dispensing powers
b)
Examining powers
Summary powers
5. What is the nature of the proceedings arising from the exercise of said powers?
6. Why do they partake of the nature of judicial proceedings?
7. Are the proceedings
adversarial in nature?
before administrative
agencies
60
61
Whnt is jurisdiction?
1\0L) Classification
of Juriadicticn
as to its nature
b)
c)
of adof
Limited jurisdiction
c 2) Without jurisdiction
boards,
b)
c)
Montemayor
ODS,
80 SCRA 471
pro-
..
DISCUs,."ION
L
OBnNmO
OF QUASI...JUUICIAI.
POWEH
'"dl!
Jurisdiction
J.
REASO
WHY QUASI...JUDIClAI. p()W";R IS (~HAN1''''~D
TO AN ADMINISTRATIVE A(,ENCY
it
S"p'Yl.
'I'II~'q
3.
63
4.
WlIA:JUDITCP[AL0WERS
ARE INCLUDED INTJIE TERM "QUASIPOWER?"
. Thde(~20)lloSwl1lg
POwers are included: (1) Determinative
('rs, an
A)
UmmClry Powers.
Pow-
a)
b)
agencies which
ADMINISTRATIVE
64
LAW
witnesses.
written
answers
to question-
G.
WHAT IS THE NATURE OF THE PROCEEDINGS ARISING FROM THE EXERCISE OF SAID POWERS?
8.
'Morgan
THE QUASI.JUDICIAL
POWER
65
Some proceedings
before administrative
agencies
adversarial in nature and some are held ex-parte.
8.
are
WHEN
'I'hey are adversarlul when the order 01' decision of an administrativ(' agency IS in favor of one person or party and against.
anot.hel' In such a case. the said order or decision IS issued to
protect. public interest.'
EXAMPLE:
L
Complaint. for unlawful disrmaaal filed by the employees of Philippine Airlines in the National Labor Relations Commission. A decision for or against. the employees 01' for or against Philippine Airlines is adversarial
in nature.
A return to work order that may he issued in the
process of an on-going strike is designed to protect public in tcrest,
An administrative
proceeding may be held 6-parte if there
is an urgent. and compelling reason to take an immediate action
on a matter that is injurious to public interest, health and sanitation, public safety and morals.
EXAMPLE:
1.
ADMINiSTRATIVE LAW
2.
9.
.
.
h t staurants operating as fronts
An order dlrectlDg ~ a r~
bling activities be closed
of prostitution and l11ega gam
to protect morals.
JURISDICTION
A) WHAT IS JURISDICTION'
Jurisdiction
IS
a case;
'Palma
VB
67
APPELLATE
JURISDICTION:
EXCLUSIVE
JURISDICTION:
CRIMINAL
.JURISDICTION:
of crimes.
CIVIL JURISDICTION:
mination of controversies
TERRITORIAL
nal considered
JURISDICTION:
to be exercised.
in
1)
88
ADMINISTRATIVE LAW
2)
JURISDICTION
3)
The power of a court to render a valid judgment. Jurisdiction over the person ti.e., "in personam") is the power of a court to
render a valid judgment against a specific person. Jurisdiction
over the subject matter is the power to hear and determine a particular type of action. Jurisdiction over a thing (i.e., ";11 rem") is
the power to determine the rights of persons in regard to neoncrete object or to a status.
B)
IMPORTANT
POINTS TO REMEMBER ABOUT
THE JURISDICTION
OF ADMINISTRATIVE
AUTHORITIES:
1.
LIMITED JURISDICTION
Administrative
limited jurisdiction.
2.
wrraotrr
VOID
authorities
are tribunals
of
69
SOURCE
Jurisdiction
statutes.
OF JURISDICTION
is conferred by the Constitution
IF JURISDICTION
IS CONFERRED
THE CONSTITUTION:
or by
BY
a)
b)
4.
IF JURISDICTION
STATUTES
IS CONFERRED
BY
a)
b)
ITS OWN
ADMINISTRATIVE LAW
8.
1.
2.
3.
4.
THE QUASIJUDICIAL
POWER
71
6.
7.
"Mr. Justice Laurel in Ang Tibay vs, Court of Industrial Relations. 40 O.G., 7th
Sup. 129.
72
ADMl~lSTRATI\"E LAW
CASES:
ROXAS vs, SAYOC
The peritioner claimed that when Republic Act No. 650, also
known as the Import Control Law. expired, the Commbsioner of
Customs also lost junsdiction over the case involving the forfeiture of goods In fa, or of the government The said forfeit.ure was
declared b~ the Collector of Customs on May 19, 1953 and was
affirmed b~ the Commlssioner of Customs on June 16. 1953.
'1.4 SCRA ss ..
"Brillante,. "
73
ISSUE:
Did the Commissioner of Cust.oms retain the jurisdicnon of
the case when Republic Act. No 650 expired on June 16. 1953?
HELD:
The Supreme Court held that once the Commissioner of Cuatoms has acquired jurrsdrctron over the case. the expiratron of
Republic Act No. 650 did not. divest said Commissioner of his jurisdiction duly acquired while said law was 1D force
FACTS:
There were two separate complaints for damages that were
filed against petitioner RepI. one is BC Case No. 75-01-C where
a certain Diego Morales alleged that he failed to receive a telegram sent. by his daughter to him through RCPT on October 15.
1974. informing him about the death of his wife lIe prayed for
damages. Another case is BC' Case No. 75-08-0C where a certain
Pacifico Inocencio alleged that he also failed to receive a telegram
scnt by Lourdes Inocencio to him through RCPI on July 13, 1975.
As a result. he was not allowed to attend the internment of his
father at Moncada. Tarlac He also prayed for damages.
The Board of Communications imposed a disciplinary fine of
P200.00 against RCPI pursuant to Section 21 of Commonwealth
Act No. 146, as amended and held that RCPI's service was inadequate and unsatisfactory. RCPI filed two petitions to review by
certiorari which were consolidated.
ISSUE:
Does the Board of Communications have jurisdiction over
the said claims for damages arising from the failure to receive
telegrams through RCPI's facilities?
74
ADMINISTRATIVE
LAW
HELD:
The Supreme Court held that the co~plaints t~at were filed
do not involve RCPI's failure to comply with Its certificate of public convenience or any order. decision or regulation of the respondent Board of CommunicatIOns.
The claim for damages should be ventilated in the proper
courts and not in the Board of Communications. The only power
of the latter is to fix rates. It could not take to task a radio cO.mpany for any negligence or misfeasance. It was not vested with
such authority.
Hence, the deciaions of the Board of Communi cal ions in both
cases were set aside and nullified for lack of jurisdiction to take
cognizance of both cases.
76
ISSUE:
hi petitioner's contention tenable?
HELD:
There was compliance with procedural due process regarding the first complaint but it appears that the bearing of the committee on the second complaint proceeded despite the absence of
petitioner who, in fact filed a motion for postponement of the hearing on November 18 and 19, 1974. This deficiency, however, was
cured because petitioner was able to present his case as well as
his evidence before the NLRC. More than this, the entire record
of the proceedings were elevated to NLRC for review. He was therefore afforded his day in court.
Montemayor's petition for certiorari was dismissed.
CHAPTER VI
IMPORTANT PRINCIPLES IN
ADMINISTRATIVE LAW
A)
B)
law?
decision
remedies
2.b.
2.c.
2.d.
of
Cases:
a.I
76
a.2
77
Maria NatiVIdad Vda. De Tan vs. Veterans Backpay COmmission, 105 Phil.
377
C) Doctrine of prl'mar\_" . di ti
.
J juris
IC Ion or prior resort
C.1)
Case:
La.
C.2)
D)
E)
F)
G)
The Prcsident has control of all executive departments, bureaus, and offices
D.2)
proceedings
E.1)
E.2)
proceedings
F.l)
F.2)
Explanation
In
adrnin-
of each requisite
G.2)
How can a party appeal from a final award, order or decision of an administrative agency, board,
or tribunal?
2.a. Case:
a.1. Reyes vs. Regional Trial Court, et al.,
G.R. No. 108886, May 5,1995.61 SCAD
44
ADMINISTRATIVE
78
LAW
of
judicial power
G.4) Significance oftbe additional sentence "and to de.
termine whetber or Dot tb~re has been a grave
abuse of discretion amountIng to lack or excess
of jurisdiction on the part of any branch or in.
strumentality of the government"
4.a. Case:
a.l. Manila Prince Hotel vs. GSIS, Manila
Hotel Corp .. et al., G.R. No. 122156
February 3.1997,78 SCAD 764
'
G.5) Grave abuse of discretion
0.6)
H)
Statutory Methods
H.2) Non-statutory
H.3J
Methods
Direct Proceedings
action
79
DISCUSSION
1.
PRINCIPLES
IN ADMIN-
Among the many principles discussed in the books of administrative la",:.and oftentimes referred to by the Supreme Court in
cases involving admtnistratlve
law. the following are considered
to be Important. to Wit:
PkINCIPLES
A)
B)
C)
D)
E)
F)
G)
H)
OF MAJOR IltfPORTANCE
DISCUSSION
OF EACH PRINCIPLE:
A.
DOCTRINE OF FINALITY
OF ADMINISTRATIVE DECISIONS
Administrative action must have been fully completed first
before a decision of an administrative body may be subject to judicial review. Otherwise, It will only cause delay to the disposition of administrative
proceedings.
Is there an instance when the courts can intervene prior to
the completion of an administrative action?
The courts may do so in the following cases:
1.
When the administrative officer assumes to act in violation of the Constitution and other laws;
80
ADMINISTRATIVE LAW
2.
3.
8.
DOCTRINE OF EXHAUSTION
OF ADMINISTRATIVE REMEDIES
Where the enabling statute indicates a procedure for administrative review, and provides a system of administrative appeal,
or reconsideration, the courts for reasons of law, comity and convenience, will not entertain a case unless available administrative remedies have been resorted to and the appropriate authorities have been given opportunity to act and correct errol's committed in the administrative forum,"
The doctrine of administrative remedies calls for resort first
of the doctrine?
defle""",, jurUdicfionoU
!H
the court may then proceed with the case as if the doctrine had
been observed.s
remedies
1.
2.
3.
4.
5.
6.
7.
8.
body is in estoppel:"
"Ibid.
[blll
..
'Kilu~ang Bayan sa Paghhngkod ng ml(ll ~Iagtttinda ng Bagong Pamilihang
Bayan nil Muntinlupa. 1'/ al .... ~ Dominguez, G.R 1'\0. 85439: Bunye, et al. vs.
Sandiganbayan. G.R No. 91927 .. January 13. 1992.
"Aquino vs. Luntok,
ADMINISTRATIVE LAW
82
CASES:
SUNVILLE TIMBER PRODUCTS,
INC. VS JUDGE ABAD
G.R. No. 85502, FEBRUARY 24, 1992
The doctrine of exhaustion of admini~trative
remedies calls for resort first to app~opr,ate administratiue authorities in the resoluhon of a controversy falling under their jurisdictio,: before the
same may be elevated to the courts of Just,ce.
FACTS:
A Timber License Agreement (TLA) was granted to Sun ville
Timber Products, Inc. for a period of ten (10) years-expiring on
September 31,1992, On July 31, 1987, Gilbolingco filed a peution with the DENR praying for the cancellation of the said TLA
on the ground of serious violations of its conditions, and forestry
laws and regulations, The same charges were later made in a com.
plaint for injunction with damages against Sunville,
Sunville moved for the dismissal of the case on the following
grounds: (1) The court had no jurisdiction over the complaint; (2)
The plaintiffs had not yet exhausted administrative remedies; and
(3) The injunction was expressly prohibited by Section 1 of Presidential Decree No, 605,
The said motion to dismiss was denied by the trial judge and
this was sustained by the Court of Appeals on the ground that
administrative remedies need not be exhausted if there is an urgent need for judicial intervention, The Court of Appeals also de.
clared invalid Section 1 of Presidential Decree No. 605 as this is
an encroachment on the judicial power vested in the Supreme
Court and the lower courts by Article VII. Section 1 of the Constitution,
ISSUE:
Does the alleged urgent necessity for J'Udl'cl'al t'
, tif
th
t
'
,
ac Ion JUs I Y
t"
,e cour s ID ervention without giving the DENR the opportunity to rule first on the alleged unlawful logg'
ti iti
f
Sunville?
mg ac IVl res 0
IMPORTANT PRIN
83
HELD:
No. The charge inv 1
entation of support'
o.ves factual Issues calling for the presfirst by the admi .l~g e~ldence. Such evidence is best evaluated
ized knowledge o~:~ rative authorities employing their specialbefore the Court
e agree~ent and the rules allegedly violated
s may step In to exercise their powers of review.
There is no need t d
tion 1 PD N 60
0 eclare the unconstitutionality
of Sectution~lit
m~~t b 5. T~e rule is that a question of unconstith y
.
e avoided where t.he cases can be decided on
some 0 or availabls,
d T
.
await an th
groun . he resolution of this question must
di
I o. er.case, where all the indispensable requisites of juicia InqUIry Into a constitutIOnal question are satisfactorily estabhshed. In such an event, it will be lime for the Court to make
the hammer fall, and heavily.
MORCOSO VS. COURT OF APPEALS
G.R. NO. 96605, MAY 8, 1992
The doctrine of administrative remedies is not
applicable in this case because the fishpond in
dispute is a private land.
,PACTS:
Tirol claims to be the owner of a 4.5 hectares of land by way
of inheritance from his father in 1930. On December 28, 1979,
she entered into a lease agreement with Morcoso, allowing the
latter without paying rental and for a period of six years, to develop a fishpond in a 5,880 sq. meters of land within the 4.5 hectares of land, with usufructuary rights.
While working on the fishpond, Morcoso was informed by
the personnel of the Bureau of Fisheries and Aquatic Resources
that said portion of land which Tirol leased to Morcoso is within
the alienable and public land.
Records show that Morcoso applied for a fishpond permit with
BFAR in 1973, and that Morcoso refused to surrender possession
of the fishpond to Tirol in 1976 when the term of the lease expired. It is for this reason that Tirol filed an unlawful detainer
case against Morcoso but the same was dismissed for not having
been filed on time.
,
AD!'tIl:-JISTRATIVE
84
LAW
The trial court ruled that the fi!'lhpond belongs to Tirol, and
thiIS was sus tai
arne db' ) the Court of Appeals.. Morcoso questioned
..
the ground that the trial court erred in tak
th e salid d ecision
on
I .
l'
ing cognizance of a conflict of claims invo ving a parce of land
under the administration
and control of another government
agency.
ISSUE:
Is the contention of Morcoso correct?
HELD:
No. The technical descriptions of the fishpond stated in the
lease contract and in the sketch plan of the BFAR personnel who
conducted an ocular in. oection of the fishpond areas applied for
by Morcoso explicitly show that the latter was the subject of the
lease contract between Tirol and Morcoso.
The fishpond not having been part of the public domain, the
trial court correctly adjudged Tirol as the rightful owner thereof.
Hence, the doctrine of exhaustion of administrative remedies is
not applicable. it being clear that the subject of controversy is a
private land.
NATIONAL FOOD AUTHORITY, ET AL. VS.
COURT OF APPEALS, ET AL.,
G.R. Nos. 115121-25,68 SCAD 246,
FEBRUARY 9,1996
There is an urgent need for judicial intervention, hence, the doctrine of exhaustion of administrative remedies is not applicable.
FACTS:
Private respondents' contracts were terminated in the midst
of bidding prepar~tion a~d t~eir replacements were hired barely
five days a:ter th~lr termination, ~asada, another respondent, is
a pre-qualified bidder who submitted all requirements and was
preparing for the public bidding only to find out that contracts
IMPORTANT PRINCIP
85
ISSUE:
Should there still b
edies before'
e an exhaustion of administrative remated securitygcOOlDgt
to co?urt to stop implementation of the negotin racts.
HELD:
. . The ~ase is an exception to the doctrine of exhaustion of administrative remedies. An appeal to the NFA Board of Council of
T:~stees and to the Secretary of Agriculture pursuant to the proviaions of the Administrative Code of 1987 was not a plain. speedy
and adequate remedy in the ordinary course of law.
ESPIRITU VS. MELGAR
G.R. No. 100874, FEBRUARY 13, 1992
ltlayor Melgar's direct recourse to the courts
without exhausting administrative remedies wa.
premature.
FACTS:
Rarnir Garing filed three complaints against Mayor Melgar
of Narjan, Oriental Mindoro. The first is a letter-complaint for
grave misconduct, oppression, abuse of authority, culpable violation of the Constitution and conduct prejudicial to the best interest of public service, filed with the Secretary of the Department
of Interior and Local Government The same letter-complaint was
filed with the Provincial Governor of Mindoro requesting that the
Mayor be placed under preventive suspension pending investigation. The third complaint was filed with the Presidential Action
Center. Office of the President. which forwarded the same to the
Governor.
After Mayor Melgar submitted his answer to the Sangguniang Panlalawigan. the latter recommended to the Provincial
AnM1Nl~TRAT1\,to: 1.AW
Rft
by the ~tlnKI{\ll\Innl{
PRlll"IR\\ igau, ",., t'an\\ hile GO\ernor E"phit
.
U
iuve
sUi'pl'n:<lon
011
1\13\
2
I
p aced Mtlvur Mt'lgar un d er prev t'l
t ~
~.
1991.
ISSUE:
Whl'tht'r the judge of the Rt'gional Trial Court has juri"die.
lion to atop the governor from pIacinI{ a municipal mn~or under
preventive auspension pending the invesfignt ion of 3dminh"tra.
tivo charRl's agalnst tho latter?
Can Mayor Melgar SO to court without exhausting
trative remedies"
5dminh,.
HELD:
The Regional Trial Court had no jurisdiction 0\ er th", ~pe..
cial civil action and gravely abused its discretion m refu:,.in~ to
dismiss the case, There 11.1 nothing improper in suspending an of.
ficer before the charges against him are heard and before hl' is
given an opportunity to prove hIS innocence. Pre' entiv l' suspen.
sion is allowed so that the respondent may not hamper the normal course of the investigation through the USt' of his influenC'e
and authority over possible witnesses.
Mayor Melgar's direct recourse to the courts without exhausting administrative
remedies was premature.
ve.
1
2
"
5
OLD CASES:
Pascua} vs. ProVincial Board, 106 Phil. 466
DimalSlp TS Court of Appeals, 106 Phil. 237
Mangubat VS 0 mena, 105 Phil. 1308
Gonzales v . Hechanova, 9 SCRA 230
Tapa} 'Ii PresIdent, ; SCRA 553
NEW CASES:
Kilusang Bayan sa Paglihngkod ng mga Magtilinda ng Bagong Pamihhang Bayan ng Muntintupa dol. vs. Dominguez. C.R. No. 85439 .. Janu-
ary 13 1992
Bunye dol
January
\::0
13. 1992
!TN ~ti~r
P."''Mer& duly appointed detectives of the Public DepartfII Cabo City, are eivil service legibles, but their services
1InaiDa&ed by the City Mayor. The latter alleged that they
coafidential po8ltions and could therefore be removed
bIII_...
of trust and confidence .
' "'ac_lack
._-..... "rtitioeers questioned the Illegal termination of their servdeBts prayed for dismissal of the petitions on the
dial the petitioners filed the same directly to the court
.........
uatmg administrative remedies.
e ..
811
ADMISISTRA
nv ..: IMo\W
ISS liE:
ThtPORTANT
PRINCIPLES
IN ADML'I,,"lSTRATIVE LAW
89
ISSUE:
Is the contention
of the Veterans
8ackpay
Commission
cor-
rect?
HELD:
.No. The said Commission is in estoppel to raise the said contention. In fact, it refused to follow the opinion of the Secretary of
Justice and even pointed out that "an aggrieved party has the
court for recourse." The petitioner is therefore correct in seeking
court relief without exhausting admmistrative
remedies, that of
appealing to the President of the Philippines.
DOCTRINE
OF PRIJ.\tARY JURISDICTION
OR PRIOR RESORT
The doctrme of primary Jurisdiction dictates that courts cannot determine a dispute on a question requiring the specral knowledge and expertise of the administrative
tribunals."
If the case
therefore is such that Its determination
requires the expertise.
specialized
skills and knowledge of the proper administrative
bodies because technical matters or intricate questions of facts
are involved. then relief must first be obtained in an administrative proceeding before a remedy will be supplied by the courts
even though the matter is within the jurisdiction of a court.!"
What happens when a claim which is originally cognizable
in court. requires the resolution of issues which. under a regulatory scheme, have been placed within the special competence of
an administrative
body?
In such a case, the judicial process is suspended pending
referral of such Issues to the administrative
body for its view.!?
I.Septimo vs, Judge ViUarama, G.R. No. 101943. February 18. 1992.
l'1ndustnal Enterprises, Inc. vs. Court of Appeals, G.R. No. 88550, April 18.
1990.
vtu.
1\
Ilf
1111"
1
'II"Itll.llI, ,'I! 111,,1,'1"
'""
,I"
"
I I In 1,,'11"1 ""11'111',,,1
I htlll
n 11'8 I 1,1 I
I
Ie gill 111"'"' ,1,1 1.-"
II III II hi ~IIII,,'dI IIIIIItlll ,
,'lIl1rlll h) illlI"'I,,1I n11l)1I , 111' 1'1,\1','''"1''
l~
I"1I1111nlllh
,,,,,
I " ,
II"RIII
IIIII\III~ 11,,111111'11'1'
1
I ' I(~"
I
1','rll'n,'I, '"" II1\ 111,1
1111II\ ,1"1111111 I I ,II 1\ I' 1111III
i 'trllll' " I I" .
111
I t h1'1111
'fhl'pllrp"llclI
dlC~t,on.'U!llI\lIl\(tI't'"
'8 more
III
Ifll
" with
in Cllntlllllllll\l
"(1"
fl
II
I" \8
fI'lI 11\,
II
\1'''''11111
(',11,,1,.1
11"'"
II 1111111115'"
"11"1111611111,,.,
11-1"11",
"111111111",1:
.:":
I'II~, \"
1IIII,It1'.11"'1 th, hili
111111
the oppurlutlIl) III dl'I'IIII' 1111 11
'\111111'1""'111111 I., l'II,"I~ "
1111111 III prl'\'I'1I1 \11111111'1'"11111\ 1111.1
SUp1't'II11'
<'11111'1,
Iii
I"' "
EXAMPLE:
INUlISTRIAL It:NTIt:IH'IHSI':S, INC.
('OllRT OF APPIt:ALS
<:.R, No. "81l1l0,AIlIH I. 18, Ul90
vs,
0,.
FACTS:
Petitioner, II grantee of 1\ conl-oporuting
runt ruet \lVI'1" two
coal blocks, Willi ndvisod that the logicul opcrntor in t lu- uron ('I)"
IA/hitl,
I.' R NAntipo]
" It"lIlIv Corp VI Na till
1111111
(0
II. 7!l1>84,~'f'br\llln' 19, 1991.
'1\I~ltlll
Alllh"',I,
''
IMPORTA.'''' PRI
IPL
.,
ISSVE:
Doc .. the
said complaint
II COurt h
for re ..ers IO~ Jurisdi non t he r n t d
1."1\
'h
HELD:
f h It 1 dtrue that the romp Iamt t h t" \' filtld 1 fill 1'\ s I I \1\
o ~ e s81 nH'morandum of agr\ ment w hU'h Is '1\\ ,H t\\
CI\,I court
' but the sm d memoran dlim of gre m 'nt I 1;.'1"\ ,
from a cOlli-operating contr ct w hich In\ oh .. th 'r ht t\l ',,1(11'
two coal blocks However, p titioner' c us of dl u 1 ,\\It 1\\(1 ~,
the resciss Ion of a contract but th reversi nor return to It rth
operation of the coal bloc s
The action of the trial court In hav lug d lared th
ued efficacy of the coal-opel' tin
nt
t m f \ ',1'
~
and In having directed th Bure u of En rg) 1 \ t 1 .r \
due course to petitioner' .. app ie t on for thre
are within the domain and jurisdiction of tht
Development and not of the trial court
~l\N
92
ADMINISTRATIVE LAW
mined. Thereby, the principal purpose behind the doctrine of pritnary jurisdiction is salutarily served."
Uniformity and consistency in the regulation of business
entrusted to an administrative agency are secured and the limited function of review by the judiciary are more rationally exercised, by preliminary report. for ascertaining and interpreting the
circumstances underlying legal issues, to agencies that are better equipped than courts by specialization. by insight gained
through experience, and by more flexible procedure."
DOCTRINE OF PRIMARY
JURISDICTION
1. The administrative agency 1. Both the court and adminhas authority to pass on
every question raised by a
person resorting to judicial
relief and enables the court
to withhold its aid entirely
until the administrative
remedies had been ex2.
hausted.
JOlnduatrial Enterprises. Inc. va. Court of ApJle4ls, G.R. No. 88550. April 18.
1990, 2nd DiY., Melenc:io-Herrera, J.
"Ibid.
L---------~------~---
93
IS
D.
DOCTRINE
OF QUALIFIED
POLITICAL
AGENCY
~2Cnrpio VB. Executive Secretary, G.R. No. 96409, Feb. 14,1992, En Bane, Paras
1.
J.
""Carpio
VB.
Executive Secretary, G.R. No. 96409. Feb. 14, 1992,En Bane, Paras,
94
ADMLI'ISTRATIVE
LAW
ity. control the bureaus and other offices under their respective
jurisdictions in the executive department."
IMPORTANT
PRINCIPLES
IN ADMINISTRATIVE
LAW
95
Magsaysay
and regulahowever, on
Secretary of
20
ADMINISTHAT[VE
96
LAW
TO
based on pro-
\to
PROCEEDINGS
.
It is true t.hat. administrat.ive tribunals arc not bound by tho
technical rules of evidence and procedure which govern trials and
hearings in the ngular courts of justice. This does not mean, however, that, due process is dispensable in adrniniatrative proceedings.
There is a common requirement of procedural due process,
whether in judicial or administrative proceedings, and this is the
clement of NOTICE AND OPPORTUNITY TO BE HEARD. For
as long therefore as the defendant, or anyone similarly situated,
is given a notice and an opportunity to be heard, he cannot later
on complain that he WaR declared in default or that the decision
has been rendered against him in his absence, for he has already
been notified and given the opportunity to be heard.
Procedural due process seeks to avoid situation where after
rendition of judgment, the defaulted party complains that he was
"'&c. 5, Rule XII r. Book V of the Rules and Regulations lmpl!'menting the Labor
Code.
"'B F. Goodrich Phils., Inc vs. Workers' Ccmpensnticn Comrmsslon. 159 SCRA
355.
97
denied due process of law. If one has already been given notice
and opportunity to be heard. and for reasons of his own, he ignores the same. it is unreasonable to expect any court or administl ative body to wait for him, or for his reply, for the court is
expected to perform its functions and its duties without being
placed at the mercy of disposition of any litigant. This is especially true in criminal cases where a party under detention may
invoke his constitutional right to speedy trial.
Another purpose of procedural due process is to give basis to
the appellate courts to render proper judgment ifand when a person allegedly deprived of his life. liberty or property, will Iater on
appeal a judgment for the reason that he was deprived of due
process of law.
PROCEDURAL DUE PROCESS AS UNDERSTOOD
ADMINISTRATIVE PROCEEDINGS
IN
For the Supreme Court to susti.un the findings of an administrative body exercising quasi-judicial functions, such body must
abide by the elementary rules of due process. However, procedural
due process as understood in administrative proceedings accepts
of a more flexible standard as long as the proceeding were undertaken in an atmosphere of fairness and justice.o9
How can an "atmosphere offUirness and justice," as referred
to in Valderama and Sons, Inc. I:S. Drlloll be attained?
The answer would still be to comply \~'ith the cardinal rights
to be observed In administrative prOcccdlOgS.as pronounced in
Ang Tibay us. C1R.30 as follows:
1.
2.
3.
4.
.
OIV .
TO .'\ HE.4RLVG
IMPOJ!"'AN'"
"'UNI-,,.,
Po
R IN A"MIN'8'fJ(ATIV~:
1'111'1('(1, ('XPpllf'rI
"
or
I.AW
1111
und to
crIl1l8j'XlIl11inc
proclu"
1I
'
Wllnl'SlIl'1I
re 0PpoSlh, 8id",83
on
III
own
Iwhllif
(3)
(4)
100
ADMr:-:rSTRATIVE
LAW
Permits to operate and maintain night clubs. cabaret, massage parlors, discohouses, may be revoked when found out to be
used for immoral activities or fronts of prostitution.w
Preventive suspension of government employees on account
of graft charges."
SECOND REQUISITE: A TRIBUNAL MUST CONSIDER
THE EVIDENCE PRESENTED
The right of a party to present his own case and submit
his evidence to support thereof will be a useless right if there
is no corresponding duty on the part of administrative tribunal to consider the same.
THIRD REQUISITE:
THE DECISION
MUST
SOMETHING TO SUPPORT ITSELF
HAVE
101
as adequate to .
..
h
diff
b
Support a conclusion. Thrs 15 precisely t e
1 lerence
etween an admlOistrative proceeding and a crimina case where th P eVId ence required
"
IS proof beyon d reasonable doubt,
What must be the reason for this rule?
,
Th~ obvious purpose of this rule is to free administrative bodies from the compulsion of technical rules of evidence
and procedure .
FIFTH REQUISITE: THE DECISION uusr BE RENDERED ON THE BASIS OF THE EVIDENCE
PRESENTED
AT THE HEARING, OR AT
LEAST CONTAINED IN THE RECORD AND
DISCLOSED TO THE PARTIES AFFECTED.
Any other evidence not presented or disclosed during
the proceedings cannot be made the baSIS of the decision.
They are not known to the parties and neither are they
brought to the attention of the administrative tribunal making the decision.
It is sufficient, however. that administrative findings
of facts are supported by evidence Such finding will not be
disturbed so long as they are supported by substant.ial evidence, even if not overwhelming or preponderant;" and except when the former have acted without or in excess with
their jurisdiction. or with grave abuse of discretion.s"
SIXTH REQUISITE:
THE BOARD OR ITS JUDGES
MUST ACT ON ITS OR THEIR OWN INDEPENDENT CONSIDERATION OF THE LAW
AND FACTS OF THE CONTROVERSY, AND
NOT SIMPLY ACCEPT THE VIEWS OF A SUBORDINATE IN ARRIVING AT A DECISION.
This means that the administrative officer who is entrusted with the duty to decide a case, must be the one to
"Earth
V8
IQlI
d,.
IflAk.
II
I Illll
nnd bu .11
trush el It,
"III1I1SI
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own
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nt'
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SJ.:V":NTJI
HEIJIIISII'K:
IN AI.I. ('ON/,UO\,'IUISII\J.
ou...'/'UJNS, rn f)f:l'I s ,oN M08'1' JlI~liJ~N.
IJ":HEIJ IN ",11(,11,\ MA,\'NJ.:U1'11"'1' 1'1I/~'I'J\I'.
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lh. rt'lIl1ll11l1
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stated clearly In the decision so that the Jlftrill'S Will k nnw
not only the factual findangs hut 01811 how t he 1111' 1fI11J..iI1K
the decision appreclntes
tilt 1010lal) flf LIII~ 1'1, ('11111 II"" "11
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appl1l'8 to the fact and the evidence IIII' I'nll'"
hiur.
,,,,'"rt'
C~.
REQUISITES
Of' .JUDICIAL
HEVIEW
103
By express provision of law decisions of Securities and Excbange Commission, National Labor Relations Commission Philippine Patents Office may be subject of judicial review.
'
Decision of other administrative
bodies, boards and tribunals may also be subject of Judicial review.
~UISITES
OF JUDICIAL REVIEW
The admmistrative
action has already been fully completed and has therefore become final (This is known
8S Doctrine of Finality of Administrative
Action);
2)
The administrative
remedies have been exhausted.
(This is known as the Doctrine of Exhaustion of Ad
minietratioe Remedies)
WITH RESPECT TO THE DECISION, ORDERlRULINGS OF THE THREE INDEPENDENT COMMISSIONS CREATED UNDERAND BY VIRTUE OF THE
1987 CONSTITUTION, NAMELY: (1) CIVIL SERVICE
COMMISSION; (2) COMELEC; AND (3) COMMISSION ON AUDIT
Article IX, Section 7 of the 1987 Constitution
vides as follows:
pro-
"Sec. 7. Each Commission shall decide by a majority vote of all its Members any case or matter brought
before It within slxh' davs from the date of Its submission for decision or resoLution. A case or matter is deemed
submitted for decision or resolution upon the filing of
the last pleading, bri{. or memorandu1J1 requir:ed by the
rules of the Commission or by the Commission Itself.
Unless otlierwie provided by this Constitution or by law.
any decjsion. oreier. or ruling or each Commission mqy
be brough t to the Supreme Court on certiorqri by the
aggrieved pqrty within'H!i,ty days from receipt ofa copy
thereof. lUnderlining
upplied)"
AIIMINIH'I'HJ\'I'JVI':
I/AW
,
,
'1'Il'vl'd !,lIlly hllH I,ll ftl., II
Undor IIH' t4ulIl JlmVII;IIlIl, ,1111 '~KJI I
frolll ""'l'i,,11I1' HHid
petit ion 1'01' ("'I'(i(ll'lIl'i wit hiu tllIrty
(,lInl uY~1 tlly II HIJI"'illl"jvil
'
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118 I'" I HIli I"' 1IJI IIIfl I' Ih., ~I'IHlIIII.
action for ('('1'1101'111'1 1I11<1t'r Hull' fio 1111<1,I 11'1'" f'" 'J
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1111_
the
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I'
,
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or ('X('CHHOfJIII'I~dJ('1101I
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.'
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'
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tion pn'!lUpP"Ht'lI thut till' court
11l~JIIII,
f""
,
II
I
I'
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tlt('f"'11
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Htt'PPI'd till' IWI'Il1IH!U ) (. WUII( H In 11
It ill IIIlW H('ltI(I(1 t luu III provu . I'Ing IIIII,I l.hv d,dHI()"H (lI'd"I'M
tho Au promo
COli
,.t.:
'I'hereuftor,
,nOllllido
178 (199J).
,jTtcY('H
44.
VH.
VH,
VB,
SCAD
105
certiorari.
HELD:
is correct. It is now settled that in providing that the
"
1S 1 d rs and rulings
of COMELEC "may be brought to
d eClSlons, or e
C
.
,
, , A . I
ourt
on
certiorari,"
the
onstitution
In
Its rtic e
th e S upreme C
.
"I
. fi
'
,
lX(A), Section 7 means the speCial C1Vl action or certiorari unThi
106
I.MPORTA.;'1TPRINCIPLES
IN AD~UNlSTRATIVE LAW
107
w
AD~lINISTRATIYE LA
108
rt of Appeals,
wifl] proof
of
appeals
A(1)
(2)
The Revised Administrative Code of 1987 likewise provided for the mode of judicial review or appeals from
administrative agency decisions."
(3)
Said provisions were later on incorporated and superseded by Circular 1-91 dated February 27, 1991.
(4)
Ccdu, 1987.
109
(5)
(6)
EXPLANATION OF SECTION 1
Q - What kind of appeals are referred to in Section 1, Rule
431
A- This rule applies to appeals from: (1) awards: (2) judgmenl
(3) final orders or resolutions of or authorized by any qunsi
judicial agency in the exercise of its quasi-judicial functinn:
Q - Can an appeal be made only on questions of law?
Authority;
'3Republic Act No. 7902 refers to the Appeals frorn all quasi-judicial ?odieN to
the Court of Appeals by Petition for Review. regardless of nature of question to hI
raised.
d
"Scction 3. Rule 43. Rules of Civil Procedure. as amende .
1111
(If
PlItt'lIt":
Natlonnl
(1)
Flwrg\
r 'hllllI
Il~\
1\
r ..
'I'rIl11"H'I.
\ I il11"trntl()ll.
l<:INInlklltllllli ( III
'
RI'~ullltOr\ Bunni;
. . .
.
CUlllnllS::>lIltl.
(I:.!\ NatitlnnI1\'lt'\'UnllllulllcntIl1l\~
. H ,forlllllllcil'1' Rt'pllhltc
ll:lJ Ill'purllllt'nt \If Agrllflllll I
6t157;
1I'lllll',' Sy:;t,'1lI:
( 14) (;u\'I'rlllllt'nt SI'n'II'(' I n \
,
t
I()
\ 161 Agnl'lIlt\lrltllllH'lltions
Act No.
\ Conlllli::;:;ion;
I
Bonrd:
Industry Arbitration
uuthorizcd
Cammisl:uon;
and
by Inw.45
ADMINISTRATIYE
112
LAW
6.
fortb
the denial.
as a
I?IPORTANT PRINe I
APPEAL BY CERTIORARI
UNDER RULE 45
113
VI'
ADMI lSTRATI\' LA
114
Q - In an appeal by certa?rarl
met
AQUESTIONS OF LA'"
Q1.JESTIO~S OF FACTS
NOTE:
In Hp) s t al t Court of Appc:,al t al G R. No. 110207,
Jul) 11. 1996. 72 ~CAD 126 the supreme Court made this di ..
tinction
\\ here the n am,
ue to be re olued , the authentlc,t) of the De ed of Extrajudicial Partition and Settlement the Issue WL 1 d IS a question offact rather than
of law In th ro e of ~lanila Bay Club Corporation us,
J-'N B va Esta\ 10, G R ~o. 93394 Dec 20 1990, 192 SeRA 514' U
I
C un 01 Appeals, G R ~ L-47432- Jan 2-1,1992
mversa
Ramos \ J psl-Cola Boltllllg Co. of the Pl,19 SCRA 289
~m
\ Peps Co BotUlI1g Co of the Pl. 19 SCRA 2l,9
116
2.
3.
4.
5.
6.
made is mamfestly
absurd. mis-
is premised on a misapprehension
ADMl:\ISTRAT[\'E
116
2.
3.
LAW
The petition shall be filed within fifteen (15) days from notice of the judgment or final order or resolution appealed
from, or of the denial of the petitioner's motion for new trial
or reconsideration
filed in due time after notice of the judgment. On motion duly filed and served, with full payment of
the docket and other lawful fees and the deposit for costs
before the expiration of the reglementary period, the Supreme
Court may, for justifiable reasons, grant an extension of thirty
(30) days only within which to file the petition.63
1993,
Oreino vs, Civil Service Commission, 190 SCRA 215 (1990)
July 5,
Pit-og vs. People of the Philippines, 190 SCRA 386 (1990)' M' I
C
of Ap~al8, C.R No. 91007, May 23. 1991, 197 SCRA 391
,. ora es VB. curt
Section 2. Rule 45. Appeal by certiorari to tbe Supreme Court Co
ts
l h e 1997 Rules of Civil Procedure. as amended
'
mmen on
~;e
117
19315Constitution
Section 1. The Judicial power shall be
vested in one Supreme
Court and in such inferior courts as may be established by law (Arficle VIII).
1973 Constitution
1987 Constitution
Section
1. The
Section
1. The
Judicial
power
shall
Judicial power shall
be vested m one Su- be vested in one Supreme Court and in preme Court and in
one inferior court as such lower courts as
may be established by may be established by
law. The Batasang law.
Pambansa shall have
Judicial
power
the power to define.
includes the duty of
prescribe and apporthe
courts ofjustice to
tion the jurisdiction of
settle actual controthe various courts. but
versies
involving
may not deprive the
rights which are leSupreme Court of its
gally demandable and
jurisdiction over cases
enforceable, and to
enumerated in Section
determine whether or
5 thereof (Article X).
not there has been
II!J
Sys t em,
...
ADMINISTRATIVE
120
LAW
,
,
,
f business asset to enhance
Prioattzation
0,
t alleged eco.
bueinees viability and to unplemen
.
nomic policy should
not t a k e p rocedure overbnon
d
.
I
Ita'"
even
aug.
material values, A eommercuu,
OJ
"
ld
t be pursued at the exet ary, objective shou
no
M
il H t I
'
. alt d diunit
Oe,
pense of nationai
pride
ign: y.. anta
, a LiwIng tes tilmonta. L0fPht'Lr'ppine
heritage, . It, i
18
.
a part of national p atrimony. Stn~e t~e Flitplno
First Policy provision of the COltstltutlon bestows
preference on qualified Filipinos, the mere ten.ding of the highest bid is not an assura~ce ~hat t!te
highest bidder will be declared the unnrang bidder,
FACTS:
Pursuant to the prrvatizution program of the government,
the shares of GSIS. owner of 51 of the shares of Manila Hotel
Corporation (MHC). was sold by GSIS through public bidding.
C(
argument
arc as follows:
Petitioner invokes Article XII, Section 10(2) of the Constitution and submits that Manila Hotel has been identified with the Filipino nation and has practically become a historical monument that reflects the vibrance
of Philippine heritage and culture.
2.
3.
IMPORTA..'lJT PRINCIPl.ES
IN AD~UNISTRATIVE
LAW
III
under
Section
4, Rule 43?
are as follows:
1.
2.
Only one
3.
4.
(1)
shall be allowed.
1.
2.
3.
4.
6.
121
Is Sec-
HELD:
Section 10, second paragraph. Article XII of the 1987 Constitution, is a mandatory, positive command which is complete in
itself and which needs no further guidelines or implementing laws
or rules for its enforcement, From its very words. the provisions
docs not require any legislation to put it in operation It ISper se
judicially enforceable. When our Constitution mandates that in
the grant. of rights. privileges. and concession covering national
economy and patrimony, th State shall give preference to qualified Pilipinos. It means just that - qualified Filipinos shall be
preferred. And when our Constitution declares that a right. exists
in certain specified circumstances an action may be mnmtained
to enforce such right not withstauding the absence of any legislation on the subject; consequently. If there is no statute especially
enacted to enforce such constitutional right. such right enforces
itselfby its own inherent potency and nuisance. and from which.
all legislation must take their bearings. Where there ill a right,
there is a remedy - Ubi jus tbi remedium.
In its plain and ordinary mean 109. the term patrimony pertains to heritage. When the Constitution speaks of natIOnal patrimony. it refers not only to the natural resources of the Philippines, as the Constitution could have very well used the term
natural resources, but also the cultural heritage of the Filipinos.
Manila Hotel has become a landmark - a living testimonial
of Philippine heritage. While it was restrictively an American hotel
when it first opened in 1912. it immediately evolved to be truly
ADMr:-:lSTRATIVE LAW
122
, ,
.,
.
. . .
nd official visitors who ar
ern ment , It plays host to dlgOltanes a . .
e
accorded the traditional Philippine hospltahty.
FlhplllO.
Th
t
lifi d Filipinos as used in our
Constitution
1 e erm qua L te
.
d b th also
includes corporations at least 60% of whi~b IS owne
Y e Fil~pmos. This is very clear from the proceedlOgS of the 1986 Oonst],
tutional Commission.
It should be stressed that while the Malaysian firm offered
the higher bid, It is not yet the winning bidder. The bidding rules
expressly provide that the highest bidder shall only be declared
the winning bidder after it has negotiated and executed the necessary contracts, and secured the requi~ite approvals, Since the
Filipino First Policy provision of the Constitution bestows prefer.
ence on qualified Filipinos, the mere tending of the highest bid is
not an assurance that the highest bidder will be declared the uiinning bidder. Resultantly. respondents are not bound to make the
award yet. nor are they under obligation to enter into one with
the highest bidder. For in choosing the awardee. respondents are
mandated to abide by the dictates of the 1987 Oonstitutton, the
provisions of which are presumed to be known to all the bidders
and other interested parties,
The Filipino First Policy is a product of Philippine nationalism. It is embodied in the 1987 Constitution not merely to be used
at! a guideline for future legislation but primarily to be enforced;
so must it be enforced. This Court as the ultimate guardian of the
Constitution will neuer shun. under any reasonable circumstance,
the duty of upholding the majesty of the Constitution which it is
tasked to defend. It is worth emphasizing that it is not the intention of this Court to impede and diminish. much less undermine,
the influx of foreign investments. Far from it. the Court encourages and welcomes more business opportunities but avowedly
sanctions the preference for Filipinos whenever such preference
is ordained by the Constitution.
Privatization of a business asset for purposes of enhancing
its business viability and preventing further losses, regardless of
IMPORTANT PRD;CIP
LES l~ AD~1l1l;ISTRATI\'ELAW
123
ommercLal n
s h ou ld not be pursued t th ' ay even a budgetary, objective
nitv. For the Constitut a
e expense of national pride and dig- l
Lonenshrtn h h
ria values. Indeed th C
.es 19 er and nobler non-matetion in the proper g'O e ourt WIll always refer to the Constitu.
vernance of a f
nothing so sacrosanct ree society; after all, there is
beyond judicial revie wh any economic policy as to draw itself
w w en the Constitution is involved.
GRAVE ABUSE OF DISCRETION
What is to be deter . d b
larly the Suprem C
mma
y the courts of justice, particuas. mentioned In ;ec~urt, under the seco~d part ofjudicial power,
has been a gr b Ion 1, ArtIcle VIII, IS "whether or not there
ave a use of dis
t
.
ofjurisdiction on h
cre Ion amOU?~lOgto lack ~r excess
Gov~rnmenl."
t e part of any branch or instrumentality of the
,
Three (3) points th' Ii
tion wi
s,
ere ore, should be remembered in connee Ion with this new concept of judicial power, thus
be grave wliich
1.
2.
3.
1.
i.'\t'r\
'
l~O
Abag'
C\)lI$tantmo, 2 sl'RA 299 Abad S
~hll ISO. Arguelit'S \'5. Young. 153 SCR.-\690' Pu entos vs Pro,?nce of Tarlac, 67
SCRA41S.
refoeds Corporatton vs. NLRC. 171
l\.'Oplt' \ s, ~ll\nIH.. ll SCRA61S ~f .
19 SCR.-\ 569; Panahgan '1! Adolfo 67 SC~~~me Co. of the Philippines vs. Paredes
CA. 91 Sl'R.-\ 297: Litton ~bll.. ln~ ,rs, Gall
6; Butuan Bay Wood Export Corp VB'
vs esc. 192 SCR.-\ &ll:.k,'18 \8 esC.;93 ~~ Trader. 10c..163 SCRA 489; Par~de~
Imutan vs, c.-\. 102 SCRA 286. Y
RA 623.
Credrt Corp '" lAC. 166 SeRA 1>5 ' Dung vs Sulit, Jr .. 162 SCRA 659; Filiovest
125
H.
METHODS OF REVIEW OF ADMINISTRATIVE ACTION
The methods of review of administrative
action may be (1)
Statutory or Non-Statutory; (2) Direct or Collateral.
A)
B)
C)
D)
Judicial
"1l~1IS'lsrHi\TI\f.lu\\"
126
2)
liS aTld
1111 d
Petition
for certiorari,
(b)
1:1 10
care
Section 1. Rule 65
Section 2. Rule 65
be
filt.>d?
A-
,.
NOTE:
1.
2.
3.
4.
In p_eopl~
in filing
certroran after receipt of the denial for the Motion for
Reconsideration
was accepted.
5.
lIS
V~.
CHAPTER VII
A)
B)
The findings of facts of administrative bodies are binding to the courts if they are supported by substantial
evidence
C)
D)
agencies
D.2)
D.3)
The said rules and regulations must be promulgated in accordance with prescribed procedure
127
'bed bv administrative
'.
d h
.
ootIce an
eanng
t ,;; pref:cn
ra c. r; r
regardtng
.
hen I" pno
. d?
agenele::;. \\
't not require
.
d
when
IS I
rl'qulrC d an
.
. o.,;ued in the exercrss
les rate:, I:.
"hen are ru.:.
tOon and when are they
of 11 I{'~blatl\ e fu?~ I fa qua:::i.judicial func.
ed In the exercl!:'e 0
0
b)
I:''''UC
hon?
s.n
Ph'l
Inc
Consumers
Foundation,
153 SCRA
I: t. r~ ofDECS,
vs, ::it'cre a .;
Ca:-t':
622
c)
.
. t publication of all laws as
rt'qulrl'lllent as 0
. it
n condition for their effectJV1 y
c. I)
Cl\l'{'t-':
Ln. People vs. Que Po Lay, 94 Phil.
640
i.e,
d)
meaning
"unless
otherwise
provided"
D.4)
The administrative
reasonable
a)
rule or regulation
must
be
Cases:
8.1. Agustin vs. Edu, 88 SCRA 195
a.2. Bautista
Introduction
E.2)
Explanation
a)
regulations
of the requisites
Cases:
28 Phil. 300
79 SCRA 450
129
"OMINI~TH'\'1'I\,~'I \\\
130
DISCU8S10N
1.
BASIC PRINCIPLES
A.
ADMINISTRATIVE
AGENCIES AR1<;NOT HOUND BY '1'111,:
TECHNICAL
RULES OF EVIDENC1<; AND PUOCI';Ul1Ul,:
,,
,
,I,
t
lI'I'In.1( I'I(INI'II'
,01111111 dlr'
1.ly
III'
1.1:.8(II-' "n"lI:-;ISTR"TI\1':
illciil'l' 'II
l.AW
131
I'
,("
"
ISSUR:
Is I Ill' said contunt
correct?
URI.I):
Nu 'I'h pr-ior 1'(lI1Vll'I1011 should hove been considered
by the
('III1IIIIIII,Unll ill I III P""I Ilg the proper penalty on Malbun, although
II Wlb presunn-d nnly III the bank's motion for reconsideration
or
for IIt'W I rial.
Mnlbun's pr ior conviction
in 19;9 is not a newly
I'Vlcll'llrl' hUI Mfnr':llt 11'11evidence." It already existed
n-udv nv.uluble Ill'flll"l' III during the trial which was
nhtll;lluhlt'
hy till' hank nnd could han' been presented
fill' t II(' "vl'r~,ght
!II' f()I,~(,tflilness
of Malbun. Therefore,
rigid !1'I'hllical rule's, such document is not admissible
aguinsl Mnlbun,
discovered
or was alknown and
were it not
apply ing
as evidence
132
m.
....
B.
THE FINDINGS OF FACTS OF ADMD:I TP..ATlVt
BODIES ARE BINDII'G TO THE COtfRl'S IF THf."Y
ARE SUPPORTED BY SUBSTMTIAL EVIDENCE
In Yillanueca
as follows:
VB.
1.
2.
3,
4.
133
findings
of the Ombudsman
art con
Romero,
J.J
ADMII'ISTRATIVE
134
LAW
. .
matters within the ju"Adminislrallve declslons on
t can only be set
risdiction of the executive depart;::Sdiction, fraud or
aside on proof of gro.<;sabuse Of} fc its reconsideraerror of law There being no motioti ,rAgriculture and
tion, the decision of the Secretary; I 3 1959 thirty
Natural Resources became final on u ~h: co ie~ of the
(30) daY'~Jrom_receipt by the pa~tles of Barz:' G R. No.
decision. (Heirs of ProcesoBautl~ta us.
J)
79167, May 7, 1992, Third DUilslon, Romero, .
C.
ADMINISTRATIVE BODIES CAN RESOLVE QUESTIONS
OF LAW IN THE EXERCISE OF THEIR QUASI-JUDICIAL
FUNCTION BUT (A) 'rHE SAME IS ONLY AN INCIDENT
TO THEIR PRIMARY POWER OF REGULATION AND TO
PERFORM EXECUTIVE DUTIESj AND (B) THEIR
RESOLUTION IS SUBJECT TO JUDICIAL REVIEW
may be subject of
Padilla,'Peralta
J.
VB.
Civil Service Commission ' G R..No 9583?-,. ~(iay 10, 1992, En Bane,
2.
135
Court.'
Balas Pambansa BIg. 129 did not intend to raise all quasijudicial bodies to the same level or rank of the Regional Trial
Court except those specifically provided for under the law.As the
Bureau of Immigration is not of equal rank as the Regional Trial
Court, its decisions may be appealable to, and may be reviewed
through a special civil action for certiorari by the Regional Trial
Court (Sec. 211I), Batas Pambansa 129).
D.
REQUISITES FOR VALIDITY OF ADMINISTRATIVE
RULES AND REGULATIONS
1.
REQUISITES
The requisites for validity of administrative rules and regulations are the following:
1)
The promulgation of the said rules and regulations must
be authorized by the legislature;
480ard ofColDJDj8liODerll n. JucIp Capulong, G.R. No. 95612. May 31, 1991,
\\1\11:,\1:-
"h,'
EXPLANATION
OF EACH REQUISITE:
,
11
,
.
,
l ll'lllUul~;\Il'
ndnlllllsiratlve
rules
1'111':lU,lllIIlIl~,II I I in I Ill' dlllrlt'!'
itself of the ad.
1I111111'~ulat 11111:' rs hlllilt
I hw \\hich it seeks to en
IIlttli:-trnti\I'
!wdy ,II' III I It' ,
.
jill ,'I',
i<:XAM PLI'::
II
regal'dlng
t'III" 1'1Iks lind regulations
I IIlI'I1\1\11'11..'
,
I
"111
oj'W(lllH'llllnd
lIllnot'S; cmp oyment of
,\111 III\1\ I 11
,
f I
k
IHHls"ill'lp"1'1l und l'II1pltl),lIH'nt 0 .101ll0 wor ora
\\1'I't'lll'(lI11lllgntl'd to illlplcllwntAl'llcJes
ofllw l.nluu: {'uti" 01'111(' Philippines.
153
1.0 155
2)
I IIlpl,'nll'lltIIIg
nlll'!' and 1't'!{lIlations ~o improve tel"\'11111 III \I 11il':11Itllls \Ildu~tl'.v is nut horized under Re
puhli ,\\'1 Nu 7!125
:n
IlIIph'llWnllng
rules and rcgutat ions to promote
IIlId lih,'mlizl'd
foreign investment
IS authorized
under Ih'puhlil' ,\c:t No, 8179.
t)
PJ'(lIllUI,'
under
(i)
to protect and
is authorized
Imph'nwntln.:
rules and regulations to liberalize
ent rj tlffi1n'ign hanks is authorized under RepubIiI' Ad Nli 77'21.
TIll' PI'I'sld,'nt
1)1' IIll' Republic of the Philippines
may also
t'Xt'J'I'iSI' the rule-rnuking
power, This was made possible, in one
i n st n ne c . whe n t ho Sup rcrnc Court
ruled in Ara net a us.
Gatmuiton," thai the President having control of the executive
dt'IHIJ'lnll'nt.
bureaus and offices, IS authorized to issue executive
orders under Sect ion li:l of the Revised Administrative
Code. hence,
OTIII~R PHINCIPI.gs
OF ADMINISTRATIVE
LAW
137
79 SCRA450
The Secretary of Agriculture exceeded his
authority in penalizing electro-fishing by means
of an admi nietrative order.
FACTS:
The use of obnoxious or poisonous substance. or explos~ve
.10 fiIShiing, I.
is on"". of those prohibited under the old Fisheries
Law.
S1 SC
RA 3 0
4 .
I II
IHHlllt1
III thlJ
,,,.Id "Jeulf,lllllll
""lId I
/llel,lll
"'I" H.,. r,lllry ,,' Alen' ultur"
'XI
edl
J1.j
8uthonty rn pe-
om-
IflWlllllklll1(
who YIIIIIII.,.1 trllme rules, Raid P.I) Nil, 160G did not include W
lIuthority til ""IIIIIV" III"'IIHIJ plates ur the confiscation ef'Iicense of
tho "rrln" drivee
'flU
'111111111
1'1
e-
as
:1)
JIll
....'..,1"1....."',,.
I'
Whll'
I h'
rl'"
rt
d to
I'
I h"
pI 11111II IgrHllln
1','111 1'1r!'I1II1IIf1Il?
It
and hearing
lit ndml0l8tratlllc
al'l108JS requlTed In
reeulatlens of gen-
not required
REGARDING RATES PRESCRIBED BY ADMINISTRAnVE AGENCIES, WHEN IS PRIOR NOTICE AND HEAR
ING REQUIRED AND WHEN IS IT NOT REQUIRED?
Wht'n the> ndnunist
10127
SeRA 329
ADMINISTRATIVE LAW
140
in character:
When qua.i-judicial
in character:
fune.
It was issued in the exercise of legislative function. according to the Supreme Court in Philippine Consumers Foundation.
Inc.
L'S.
PHIL, CONSUMERS
FOUNDATION,
SECRETARY OF EDUCATION. CULTURE
153SCRA622
INC. VS.
AND SPORTS
\"S.
Secretary
0{
Edueanen, Cuhure
orusu
PItlNCIJlIIiS
141
for
HELD:
No. The function of prescribing rates by an adminisrrnrive
agency may be either n legislative or an adjudicative process, Ifit
were a legislative function. the grant of prior notice and henring
to the affected parties is not a requirement of due process. As
regards rates prescribed by an administrative agency in the exercise of its quasi-judicial function, prior notice and hearing nrc
essential to the validit \' of such rates. When the rules andJor rates
laid down by an administrative agency are meant to all enterprises of a given kind throughout the country. they may partake
,
Where &.h/' rules IIrttfdtt e ,a~f 1(, ~
J
rt'" base
;'{.IT. if
apply exclusively u) 8 partIC ..'Uar p8"
naracttr
r>O' ~ r..t
fact then 1t.8 function Is qua l-JudlC1ld rn C
"&7
1I,.:ed by the J)ECS In the (Xf rei e of 118It gJ8Wtl e ( t. ':tl(....
prescribes the maximum 8chool (CCI that. may be c:harfl
'I a
private 8chuols In the C<Juntryfor school year 1{J~7 W H,~ T
being 60, prior notice and hcarlng are nat e6JCritJaJ to the va
of 8 leUI81at..\'t,IcharacWr
OJ
of its Issuance
REQUIREMENT AS TO PUBLICATION OF ALL LA'l'
CONDITION FOR THEIR EFFECTIVITY
WHAT SHOll/,I)
I.
2.
N. J,
HI-:P{/HI,/SIIE{J~
~, tum
II
el\UI\ClRl.
1'1'1:\ 11'1
'\
\11
I)
no .. BE PI
1S
I~
UAII'I\I,\"R
81 'SIll-'I)'
7uI Nl,hfm.,,'r,I
\\_ hall be
nd nc t JU t In lit \\ .1'- pc rs of
"J\
1\ R( J ,.::..
U;Ol 1...\
\ \ /)
RI'~ululh'Il:;"
ndn\llll.
l2)
II nl"
hich
IIII'll'"
.\In~1
ut' 1\1\
IHl'II.,\:
I'
Letters ofm~llud"'"ll
1:;"\1('11 \\\ 1\11ndministrntivc
:-11
perior eonr I rllInt; CUhldlllt'" Itl b., f.IIII"\ ,d \" t heir sub-
ordinate
III the
EXAMPLE 0.' A
performance of Iheir
dllth'~'
uscui.vnox WHICH IS
PFI\.\L 1~
NATURE:
Circular
94 1'1111.. 640
FACTS:
'RBl.D:
The Supreme Court sustained tilt' defense and held thllt he
fore the public is bound h) II" contents. n 11\\\.regulation, or tiro
ha e: to be put,haJtIed
Ivof".rrr,
No accord III to
tory of Edu olIO"
GIL BALBUENA
VS. SECRETARY
OF :EUUCA110N
0.1.-14283
21, 1960
'ACTS:
Pebtlonen
memben
the re gtoU5 seer ..J
ah \\ Ita .. .. ,..challenged the C01Ubt ona t oi Rep b c Act j '0 1265
by VIrtue of.hieh the SeC'retary ofEducat
ed Departme
Order No 8, preacnb ng compu I'J flag ceremony m a &cboo
.. aD uadue delegabOD 0( egI lab e power: Sect on 1 ar the An
reqw,. all educet onal i
t
to obse:" e cia y flag ceremon~
_hleh .hall be almple and dlgn tied and shall Include the plaYing
or .IDllng of the PhilipPine Nat na1 Anthem Seen n 2 thereof
authonze the Seaeury of Educet on to lSSUe rules and regula.
tiona for the proper conduct of the nag ceremony
HBLD:
OTHf:R
PIUNCIPLES
OF ADMINISTRATIVE
LAW
14fi
of
PO .... er Would be. to destroy the. administrative
nenthbe'l~eleghated
I ity t at the del
cgatlOn I lOtended to achieve.
FROM WHAT DAY SHALL THE FIFTEEN-DAY PERIOD
(REQUIRED FOR THE EFFECTIVITY OF A LAW OR
REGULATION) BE COUNTED?
The fifteen-day penod I~counted from the date of release for
~ation
of the edition in the Official Gazette. not from the date
or pnnted date of the l'dltlon of the Official Gazette.16
MEANING OF THE PHRASE "UNLESS OTHERWISE
PROVIDED"
This means that the low itself can provide when it shall be
come effective. The law can provide that. it shall become effective
thirty (30) days, or tWt'nty (20) days, after its publication In tho
Official Gazette. but in no case can it. provide that it shall take
effect immediately and w ithout publication. If It imposes a penalty. foJlowing the ratIOnale in Tafiada vs. Tuoera, Pestga n VII,
Angeks, I and People' 1'.- Qllf' Po Lay "that before the public 18
bound by its contents, espcciallv ill' penal provisrons, a law, regulation or circular must first be published and the people officially
informed of said contents and its penalties,"
4)
The admini8trative
sonable
rule or regulation
must be rea-
An adminiHtrntt\'e rule or regulation must be reasonable, not arbitrary and capricious. The reasonable
ness of a regulation depends on the reason or the pur.
pose for which a regulation is issued,
In Altus/in (I.". Edu; Letter of Instruction No. 229
which required the use of "early warning devices" (EWD)
is not repugnant to the due process clause. It was considered justified for traffic safety.
IIFeople
VB.
ADMINISTRATIVE
LAW
146
f Metro
FACTS:
Then President Ferdinand E. Marcos issued Letter of Instruction No. 229 requiring the use of "Early Warning Devices (EWD)."
Petitioner claims that the use of the said early warning device is not
necessary because his car is already equipped with blinking lights.
ISSUE:
Is the said Letter of Instruction arbitrary?
HELD:
It is not arbitrary and not repugnant to the due process
clause. There is nothing in Letter of Instruction No. 229 which
compels car owners to purchase the prescribed early warning de-
nl'HFH l'mN\'II'1
\.'R \'
, \ I \"~I\~\~\'H\1'\\\-:,
\\\'
1 ~17
:l211
FACTS:
Lt,ttt"'llfll\~1
1'111'11111\
I HI'')'
111'111
'I
I.
I, III 1111 1'lWl'gy flllllll'r\'
II tall II 1I1t'1I11'
I
I II I!
It' 1111,' III
I '
1
II \.\ 11111 ,"11'1\. 11'11\\' 1'1'1\,111"
""
S Irllm UII",,: I'\lhlt ' III ' , 'I
' 1111\\ 'I Pur
i
111:1
elll \"",'kl'lltili
nrul hoi
suant t h t'f\,tel
1\1"111111' I I
t'
I I 111111
11'\'11 III
\\1I1! 1IIIIIH'Ii I III HIli
ure which
II
h'
hicle ~,
,
I""
lng,penn
reglstratllln,
tll'~,"1
"IIIII',
'
Nil :Hl
l'OIlI'IIII'lIllClllllfvl'hld,,,
Pt'titilllwr
l'IlIlI"ll<'1!
lit,
"
,I,
III, (I) RIlII I I1'111'1' \II,.111111rucl It1I1 III II
violation
(If 11I1!
I'IIIhl
In. Ih~I'
"
I'
.
. .
,
'
...
11111 ('IIJCI,V III'IVIII(' 1)I'IIIWI'lv lind 01 hIli
right to 11'11\'1'1,1\(11\1'1',11 vinlut run
PI'UI'I'III1;
1I111t1
\'ill'
ISSUE:
I!\ till' snid 1t'(I"I' 01 mstruct mu linn mcmornndum
constitutiunul?
Is tlH' l'U1\ flll(,11 ( 11111 01 impounding
under Mt'mOl'tllldlllll ('IITlllal' ultra 1'/lW; or IlIIt'!
"11'('111111'
of tlh' \(')Udl'
HEW:
The said Letter Ill' lnstrucuon wus sust.uned hUI tho conflscntion or impounding of till' \I'llIl'll' "ItS ultra Ilr.".; b"I'IlUII\' 1\ Jl\'llnlt)
can only be imposed In nccordnnce \\ uh till' procedure required by
law, Whi 1(' the iIIIpos] t ion (If II Ii IW or Ihe SlIlIllI'IlSIOnof r\'glslI\llton
is valid under the Lund Tr.mspnrtut 1111\ und Traffic Cudr.. tilt' 1111pounding of the vehicle fllHb II\) lit lit utor,Y jllshlkntitltl
TAHLARIN vs, (:UTI~RREZ
152 SeRA 730
FACTS:
Pursuant to Itt'PUh"I' Ad No 2:1~2I1r the Medicul Al't or \ !'Ill!).
MECs Order No, 52, Sl'rit's Ill' 19Hfi, \\ as issued, 11 1lI11I\d,II.'s tlw
148
ADMINISTHATIV,,;
I.AW
,
I M e dirca I Ad mlHsl
. 'on
taking and passing of the Nationa
. Test
(NMAT) 8S a condition for securing certificutes
of cligil)lhty for
admissIOn.
Petitioner assails the constitutlOnulity
of said law and M gC~
Order No. 52. and sought to bc ndmittl'd to the Colleg of MediCine for 19871988, without succcssfully taking the NMAT.
ISSUE:
Are the said law and regulation
constituuonnl?
Whc'lhc!r
there is some reasonable relation bl'twt'('n requirvmr-nt
of pURR
ing NMAT a8 a condition for admiflHion to the medical kchool on
the one hand. and the securing of the health and IHlfcLy of thC'
general community. on the other hand.
HELD:
The Medical Act of 1959. as amended. and MECS Order No,
52, Series of 1985. are constitutional.
They constitute a valid exercise of the police power of the state as it is intended to promote
the public order of the community and the important component
of that public order is the health and phYRical safety and well
being of the population.
Likewise, the power to regulate and control the practice of
medicine Includes the power to regulate admission to the ranks
of those authorized to practice medicine.
There IS a violation between the requirement
of passing the
NMAT and the securing of the health and safety of the general
community because the regulation of the practice ofmedicioe is a
reasonable method of protecting the health and safety of the pub-
lic.
OTHER PRINCIPLES
(J}'
11"
E.
REQUISITES
FOR THE VALIDITY OF AJ>MJNJHTItA'I"V,.;
REGULATIONS WI'J'H PJ;;NAJ.. HANCTIONH
INTRODUCTION
The legIslature
RULES
f(lJlOW8:
The said law must fix (lr define the said penalty ti,r thn
Violation (If the regulation:
178enti.
YS.
Juruo
.Jupro
150
EXPlANAOON
SECOND
OF THE REQUISITES
REQUISITE:
The- said law must fox
penaltj for the- \;018t10n of the regulatIon
,1';
Republic Att 7942. otherwise know n .1'; the Philippine MinIng Act of 1995 An At't Insntuung
\ :\t'\\ ~~stem of Mineral Re8011I"t'e5. Exploration
Development, Utlhr.l{h1n and ('on';l'I'\'nti~nJ
15 a eenerete example ofa la1l '" hich specifies the violations \\ hleh
are punishable, the specific penalne .. w hich ..hould be impo-.cd.
and the authont)
to the admimstrativ e ngcnl',) concerned to impose fines lD aC'('()niant'f' "1th implementins; rule. .. and rcg\llntion~.
Sections
as follow s:
10\\
provide
$0$
SEC. 10 . "iolalion of the Terms and Condition. o(lla~ EII"irolllMn/al Compliance Certificate.
An.> person who u II/full.\ t iolate or grosl./Y neglect to
abid b_,the terms and eondiuons of the cnuircn men tal
compliance ~rtl{iC'Otl' ,.~suC'dto Old person and 11,1111'''
couses ent ITOllmentat damage through pollution shall
$u/fer the penall.\ of Impn onment of.;;i., (6) montli s to
SIX 6 yrorsoraiineofFI{b
thou.;;alld peso (PSO,OOD.OO)
to Two hundred thousand pesos P200.000.00), or both,
at the discretion of the court
\"'1I1"1I1'H1N\'II'll~
. Ii Ill' \IIM1NIH'I'H'\'I'IVI':
"'''11,
1100'(""
,N,'" (I'.
.
,
. ( .. tI, ,,\' "'
"
IIIIIIt
"
I)
"\
.. /' I'
I.
lI"t
,~ t
,"
I II
1It11 ,,\"t'I'jthllj.[
'/'II/lIIIIIII"lIt
Hil
pt'
011,'
"I th caurt"
"....
1'. ,
..' \'" I I\), () tI."., I .',u Ii'
Cli emit. ,\,,~, ."IIl'/" vlolotion
.,11 I ,'I 1111" "11 II" /
.
I II
"'ll
'I'
,lIIIII/'IIIt.,
/
"" 11/.
I I I
'.
th 1111/,/"111"/11'
"Jr.l
,",',,,
I II I',
""''''II'g
,
rulc (//1(1rvgulution
"lI., 11I1/""/ltIhI., willi a [ine 1101
I I"'SUI> (I':I,O()O,OOJ ..
,.
,lhlllJ.[c'III"'/I/II/
II"t/,
1'",., thousand
.
"I""t/;IIH
I 'S"I.'I,tllI'
,.',
L.AW
'"
S"I'/"Iory
'
,~II1//lI.~S',,"
.,
liN III
,'S(I/It
"/
'N authorizvd
10
I /"Rlllo//()II,~nrlhlsAI'I.
..
2M Phil,
For ell' tuimi";III1'"tillC'
chClrclC".'
(u'
",.' .'.\"'1'.',1/.1.\,
mc'nt.
SOO
tlrdcr
FACTS:
The (,FI Ill' PIIIllIlIlIlt:II l'1I11\'ldI.e! nccusod appellee for violation of Ad 17tH> IlIl11lMIIlIlt: till' (t'II11MPOl't of qunrnntined
ummals
without the p,'rIllIMI'ioll IIf IIll' HI'('n1tllry of Agriculture
He was
sentenced ttl pay II lilll' \\'11 h Rllhsi(hnry Imprisonment in case of
insolvency lind III PIlY I Ill' coats (If t rinl. 1 he accused filed the instant appoul cont endmg Ihilt IIIl' fncts alleged In the informntlon
and proved on tilt' Irill I do nul cnnst IIutu n vtolation of Act 1760 or
any portion t horeof
ISSUE:
tho ndmuustrnt ive regulut ion punishing transport
of quarantlned
unimuls Wit hout purmisaion of the Secretary of
Agriculture
ill involvod for lnrk of !ltnt.utory regulation?
Whl'tht'r
HELD:
Yes. StOt'Uon fl of Ad 17(iO suuply authorizes the Director of
Agrtculture
tu do certnm things, among them, paragraph
(c) "to
151
ADMINISTRATIVE
are
LAW
su(fonns from
dan~I'rc)II,~
[(1111/11(1'
'''coble d~
or hove been exposed thereto he> pia ('('d 11l uuaran'1M at such ploee alld for such time as may be deemed hy him
~BScII)'
to prevent the spN'od of the disease," :"\OWlll'l'l' 111 the
law. however. is the violation of the order of lilt' Burouu (If \~rI'
culture prohibited or made unlawful. nor 1:< there pnn ided .iny
punishment for a Violation of such orders
A Vlolatlon of the orders of the Bureau ofAgnl'ldllllt'
III! lilt'
thonzed by paragraph (c), IS not a \ iolutiun uf t hu proviainns of
the ~t, The orders ofOte Bureau of Agriculture, \\ hilt' t huy mny
POSSibly be said to have the force of In", lin' nut 8\011111'. lind
particularly not penal statutes, and 1\ violut ion (If 1l1l1'l1 ell'c1I'1'1I is
not a penal offense unless the statute itself llllllll'\\ IWH' nlllkl'll II
violatlon thereof unlawful and penalizes It. NII\\ IWn' in ,\\'1 No.
1760 IS a Violation of the orders oft he Bureau of :\gncull u n' Illlldl'
a penal offense, nor is such VIolation punished in any wny 1 hcrvinPEOPLE VS. MACEREN
'19 SCRA 450
FAC2'S:
Section 11 of the Fishenes Law prohibits "t he use of any
obnoxious or poisonous substance in fishmg." TIll' Secretary of
Agriculture and Natural Resources subsequently promulgated
Fisheries Administrative Order No. R4 prohibiting' electro-fishing in all Philippine waters, Said order was amended by A 0 No.
84-1. by instructing the ban agamst clectrc-fishinr; to fresh water
fishes.
The respondents. were charged for having violated A,O No
84-1. The complaint alleged that the five nccuscd used an electrocuting device locally known as "senso" til catch fiah through electric current. in the waters of Barrio San Pablo, Sta. Cruz The
criminal complaint was dismissed, The disrrussal was affirmed
by the CFI. Hence. this appeal.
OTHER
PRl!'IJ(.'IPLT.'S
l"n
Of' An~flNlSTR,\TlVl':
LAW
153
ISSUE:
Whe~he( A.O Nos 84 and 84-1, penalizing eledro-fishing,
d
are evot 0 any legal basis. and hence. invalid?
HELD:
Yes. !he
ecretary of Agriculture and Natural Resources
exceeded Its authority in issuing A 0 Nos 84 and 84-1 and that
those orde~s are not warranted by R A 1\0. 8512. The reason IS
that t.he Fisheries Law does not expressly prohibit electro-fishing. ~lOce electro-fishing is not banned under the law, the Secretary IS powerless to penalize it. Hence. A.O Nos 84 and 84-1 arc
devoid of any legal baais.
Had the lawmaking body intended to punish electro-fishing.
a penal provision to that effect could have been easily embodied
in the Old Fisberies Law?
The lawmaking body cannot delegate to an executive official
the power to declare what acts should contribute a criminal offense.
It can authorize the issuance of regulations and imposition of the
penalty provided for in the law itself. But a mere administrative
regulation is not legally adequate to penalize electro-fishing
Administrative regulations adopted under legislative authority by a particular department must be in harmony with the provisions of the law, and should be for the sole purpose of carrying
into effects its general provrsions. An administrative agency cannot amend the act of Congress. The rule-making power must be
confirmed to details for regulating the mode or proceeding to carry
into effect the law as it has been enacted. The power cannot be
extended to amend or expand the statutory requirements or to
embrace matter not covered by the statute. Rules that subvert
the statute cannot be sanctioned
THIRD REQUISITE: The said regulation must be published.
The publication of administrative rules and regulations with
criminal or penal sanctions is necessary. This requirement, however, is not necessary when the administrative rule or regulation
merely interprets the law being administered, 11> or when it merely
ADMINISTRATIVE
164
I.
LAW
duly
FACTS:
The Social Security Commission issued Circular No 22 on
October IS, 1958 expressly including all bonuses and overtime
pay in the computation of the premiums due the System. Petitioner protested against this circular on the ground that it contradicts Circular No.7, issued on October 7. 1957. expressly excluding overtime pay and bonus in the computation of the premiums. Petitioner questioned the validity of the circular for lack of
authority on the part of the Commission to promulgate it without
the approval of the President and for lack of publication in the
Official Gazette. These objections were overruled, the Commission holding that Circular No. 22 is not a rule or regulation but a
mere statement of general policy or opinion as to how the law
should be construed. Is the Social Security Commission authorized to promulgate Circular No. 221
HELD:
The Social Security Commission issued Circular No. 22 in
view of the amendment of the provisions of the SOCial Security
Law defining the term "compensation"; such exemption was deleted under Rep. Act No. 1792.The Commission has, therefore, to
interpret the effect of the deletion. Circular No. 22 was issued to
apprise those concerned of the interpretation of the law. It merely
155
2.
CHAPT R VIII
wrthin
2.
Rolil.f u(l"r
1.1", IIclllli1l1l4111111VI'1I1{C''''
H""II
ClI 1111f
h,"11 V
1'1
the IIdnlilllllt,rlllivCl
til 11111
IIClI ""h
V
mllllor8
\\ II II
6. Aalluminl(
that 1111 order I" IlItc.rlncuICII.\', Ilf II ..., " II ".1 ... ,
avoilable
til a party ll"I(ri"vl'd by 1111111 killd "I 11111"1 ,
8)
Philippinl'
Airlirw".
Inc.
VII.
('lvll
A,'rnlllllllr .. IIlIIlId, :W
SCRA 727
6.
Philippine
Appoat,
b)
c)
Men'hllnt
(Ut
III
Mllrllll'
1101'011Sur
":I('ctric CUII''''ruttVI',
hu-. VII, Nllt 11111,11 1,'Ihlll'
Relationll
CommillKilln, (1.1(, Nn. I OH I tIl. "'c1hI'lUlIY I,
1995, 58 SCAD 679
Concerned
OfficiolK
1111
WIlIlIl'wol'loe
7.
15i
10
against
1~8
AUMINIS1'RATIVE LAW
DISCUSSION
1.
2.
ournox
OF THE HI .HE~l'
Hl-: DMl~'ST ,'l\'''
CONCERl".'ED
It!'
160
AIlMINIS',
nATIVE LAW
Thut th ndminilltrutiv('
2.
pleted: and
These requlfl'mentH
ing inatunces:
how-
been com-
have
been ex-
1.
2.
3.
4.
5.
Wh~n irroparnble
intervention:"
body is in estoppcl;&
6.
3.
161
7.
8.
CAN THE REVIEWING COURT RE-EXAMINE THE SUFFICIENCY OF THE EVIDENCE AND RECEIVE ADDITIONAL EVIDENCE THAT WAS NOT SUBMITTED TO
THE ADMINISTRATIVE AGENCY CONCERNED?
4.
1.
When it
2.
3.
4.
5.
IS
evidence;
OJ'
collusion;
or capricious-
2.
III
transportation
(ares.
163
APPEAL
AND DECISIONS
PHILIPPIN}O;
61 SCAD 720
FACTS:
Despite prior dl npprov nl of petitioner's reque t for renewal
of permit to operate. the DE ""S Inter- \. eney Technical Committee (lATCOM) recommended the grant of permit to the school in
1987. provided that It improve It buildings, laboratory and library facilitie before the tort of school lear 19.,719 8. Petitioner continued to fail to improv e at elf an 19 "
In 1989. the TPME DECs Technical Panel for Maritime
Education) recommended the gradual phase-out of the courses In
Bachelor of Science 10 ~1or1ne Education and eventual closure
should the school fall to meet rmmmum -,tandards.
On August 19h9. despite another inspection, the inspection team reiterated the recommendation for the gradual phoseout of the school and for the non-acceptance of freshman beginning SY 1990-1991. DEl'S approved and implemented the recommendataon and accordingly issued the phase-out order. Petitioner
moved for recont'idl'rataon. When motion \\8S denied, it appealed
to the Office of'the President While the appeal w as pending. DECS
issued a closure order dated August 27.1991, effective the second
_me.ter
of SY 1991-1992 Petitioner moved for reconsideration
ADMINISTRATIVE LAW
164
165
FACTS.
Engr. Egdon Sabio, Manager of the Engineering Department
of the Ilocos Sur Electric Cooperative (lSECO) was dismissed on
July 1, 1989, by virtue of ISECO's Bond Resolution No. 63, S.
1889. dated July 19, 1989. He was placed under preventive suspenSIon without pay effective July 1, 1989.
ADMINISTRAT
IVELAW
166
ISSUE:
HELD:
.
269, as amended by ~.D. No.
Under Section 10 of P.D: ~o. and control over electric coop.
1645 only the power of supervIsIon
. ed or controlled, is given
eratives and other borrowers, SUP~I~IS which provides that the
to the NEA. There is nothing in sal a~
and decide terrniria,
NEA administration has the po~er to
es That authonty is
tion cases of employees in electrIC coopera IV .
vested in the Labor Arbiter.
. I arose from a purely labor dispute which falls
Th e dirsmtssa
within the original and exclusive jurisdiction of the Labor Arbiters and the NLRC.
e~:
167
AGENCY
l'lllllnlltll'"
for Construction
Services and Technical Equipment
\PBAC l'~'l'E). After evaluation, only eleven (11) were pre-qualified til bid.
Mennwhile, between February 10 and March 24, 1992, former
MWHH Adllllllistrator
Luis Sison , itlsued six (6) .addenda to the
hludin~ documents that embodied some suggestions
of respond"lit Philippiue
Large Diameter Pressure Pipes Manufacturer's
ASlltlclIItion (PLDPPMA)
Ant'l' the three lowest bidders for ProjectAPM-Ol
and APM02 were known, PBAC-CSTE recommended
the rejection of all
bid !I lind to conduct n re-bidding because of ambiguity of Addendum Nil, Hof t he bidding documents, lack of provision for rnaintenance/repuir
materiuls for bidders who opted to use fiberglass
reinforced pipes, and tho use for 1\ further review of the pipe desil{n by the cousultunt, NJS
Finnlly, on Juno Hl92, PBAC' CSTE submitted to bid ovaluation report It recommended the second lowest but complying bidder, FF Cruz and Co., Inc for AP1\tOl.
Meanwhile. on April 7, 1992. PLDPP~lA, private respondent, through its President, filed 11 letter-complaint
with the Of(jet' of the Ombudsman protesting the public bidding on APM-Ol
and APM-02, charging that there was an "apporent plan" on the
part of the MWSS to favor suppliers of fiberglass pipes. and urging the Ombudsman to invcatrgntc till' complaint and hold in abeyance the uwurd of the contrncts.
The Ombudsman.
in it s order doled October 19, 1992. direeted the Board of Trustees of MWSS to set aside the recommendation of PBAC-C'STE. MWSS moved for reconsideration
but. it
WIlR den it'd.
ISSUE:
Can the Ombudsmnn interfere in the adjudicative
bility of the MWSS Board of Trustees?
responsi-
HELD:
The MWSS. a government-owned
and controlled corporation
created by law through RA. No. 6234, is charged with the construction.
maintenance
and operation of waterworks
system to
insure an uninterrupted
and adequate supply and distribution
of
"l)MI:"J1STAA
168
'I'I\'L' 1"\\"r.
d d e lib
tion - mat ers
uiR.
eva I uation, an
I era
I ti
No 32-93 to hk _
charged bv it. ~JWSS has pUl'!-'cdReso u ~on .'.
.
,"Wlfj(,
.'
I
f
th
t
ehnical
speCificatIOn:;
fOI
hh(
tglUB"
Sh ow Its approva
0
e t
".
All these should deserve weight.
NOTE: This affirms the decision of the Supreme
Rozon, Inc. us. PPA,' thus:
Court in
CODE TOOK
APPEAL FROM OR
OF AN AD~1JNI~i~'~EW OF, DECISIO::-iS
",nvE AGE.\;cY
1992. continues
case.
until the fi
loa
I di
IS
169
't'
POSI
SECRETARY OF II
OF AP:~H,
ET AL. VS. COlJRT
G R No
S, ET AL .
. ,
.112243, FEBRUARY 23,1995
59 SCAD 270
Jurisdiction
once a
.
.
c.qulred by a court Ollera
the ca.e, unles.' th '~ unlrl th~ full termination of
e ow provIde. the contrary
FA.CTS:
.
~or gross misconduct and dilihonesty, Fe Siballuca. Administrative Officer. III of the PrOVincial Health of Cagayan. was
placed under a nmaty (90) day preventive suspension She instituted an act ior, to nullify the said order of suspension claiming
that when the New Local Government Code took efTect on January 1, 1992, the Secretary of Health had lost his disciplinary power
and authority over her, considering that such power of the Provincial Health Office is no' v vested in the Provincial Governor.
The Secretary of Health moved to dismiss the action and to
quash the temporary restraining order obtained and opposed the
issuance of a preliminary injunction, contending that the private
respondent had failed to exhaust administrative remedies and
that the New Local Government Code did not divest him of his
disciplinary jurisdiction over the private respondent.
The trial court ruled in favor of Siballuca and issued an order for execution of judgment.
Petitioners moved for reconsideration but was denied. They
filed a Notice of Appeal with the court a quo and. moved to stay
execution of the asserted decision. Both were dented.
Petitioners
filed a Petition for Certiorari and Pr~hib.ition
under Rule 65 in the Court of Appeals but the same ~va"dismissed
on the ground that the petition could not be a substitute for a lost
appeal.
ISSUE:
Is the decision of the Court of Appeals correct?
ADMINISTRATIVE LAW
170
HELD:
No. At the time of the commencement of the administrative
action, the operative laws are the Administrative Code of 1987
and Executive Order No. 119. Under the said laws, the Secretary
of Health exercises control, direction and supervision over his ~ubordinates, which include private respondent. Consequently, sInce
jurisdiction has been acquired by the Secretary of Health over
the person of private respondent before the effectivity of the Local Government Code on January 1, 1992, it continues until the
final DISPOSITION of the administrative case.
Jurisdiction once acquired by a court over a case remalOS
with it until the full termination of the case, unless a law provides the contrary. Respondent, a civil servant, cannot use the
courts of justice as a shield to prevent the implementation of administTative sanctions of executive agencies against erring public servants.
8.
9.
ItOl'oeio
ManalaRlaD,
Villan_
VI.
VI.
(33) days from receipt of the NHA decision awarding the lot to
another party. Afterwhich, the aggrieved party can go to the Courts
under Rule 65.'9
The old case of Raymundo us. PRRC
10
V8
Abesamis,
AhNINIHTR
TI\!oi I.I\Yo
_UN
an iDYelUptive pl"OCMdin,
1111111111111
\ 1'\
l'lI
flHl\llIflt
uc.Pf'ION
I e.P&If the... i. a m,.apprOhtllllllllll
111')11111111'
IIl1d fill
couna
thela.
1711
Section
may
8. Each
other [unctions
1.
COlllmisslO1I
as may be proulC/ed
CIVIL SERVICE COMMISSION, COMMISSION ON (l;LI<X;TIONS, AND COMMISSION ON AUDIT ARE lNDI<;PENDENT COMMISSIONS
1. The Members of the Constitutional Commissions cannot be removed from office except by impeachment.'
2.
3.
The term of office of the Chairman and tho Commissioners is seven (7) years without re-appointment."
4.
5.
(0).
or appointed in an act-
ADMINISTRATIVE
LAW
176
.
nd members of all the said commissions
Th e Ch airman
ad'
hibi .
are subject to certain disqualificatIOns an 10. 1 ItIO~S
so they will not be distracted from performing their
duties and functions. III
CODE:
SEC. 1 -
SEC. 2 -
SEC. 3 -
SEC. 4 -
com-
2.
177
SEC. 5 -
SEC. 6 -
SEC. 7 -
SEC. 8 -
Annual ~alnr)
Chairman
_
HOW
(3)
THIS
\\ 8~ rna)
be nf-
of three
IS
PROHIBITIO~S
years
178
3.
MECHANICS OF STAGGERIN
G TIlE TER.'IS
. .
4.
~ ~~y
HELD:
The Chairman and the Commissioners of the Commission
on Elections must be extended permanent appointments by the
President but such appointments shall have the consent of the
Commission on Appointments. The President has no power to
designate a temporary Chairman. This prerogative may be exercised by the members of the Commission on Elections for they
may. by a majority vote. designate one of them as temporary chair-
Presid nt
6.
of a permanent
179
chairman by the
6.
The reason for lhi j,. becau e said con titutionnl eommissions are collegial bodie ... The en es pending In ..aid commi ..ions
should, therefore, be decided -by a majority vote of all Its memo
bers and Section i fixe a period of ,.h;t~ (60) days from the date
of its submission within Yo hich to make that decision.
Again, the sixty (SO)-day period IS counted from the filing of
the last pleading, bnef or memorandum required by the Rules of
the Commission or b) the Commission itself;
7.
lRO
~.~ers
FACTS:
After the May 11, 1992 synchronized elections, the MuruClpal Board of Canv assers proclaimed Aquiles U. R~.\~" .." the ..th
wlIlDmg candidate for the position of member of'tbe S...~~~an:.r
Bayan of Nauja. Onental Mindoro.
Thereafter, Adolfo G Cornia, a candidate for the same pes
non, filed before the trial court an election protest alJe;iol! that
the Board of Canvassers had committed a mistake in the mathematical computation of the total number of voces ~arnered b~
petitioner.
Aftt'r the mistake \\ 8:. admitted and rectified, the trial court
annulled the proclamation of Reyes and declared Comia a::-the
duly elected \I; Inner.
~~'t'
s \
~onal
Trial Court,
;80991
d
; Riveravs, COMELEC,.9
S, .
44 ~
pe
181
nRe;;:r
filed adanotl of appeal with the COMELEC and also a
n
man
mUE and prohibition in the Court of Appeals.
CC
HBLD:
This Is correct It is now -ettled that in providing that the
.,
" rders and rulings of CO)fELEC "may be brought to
d ec:lSlOru,
0
.
. .
AI' 1
~
Court on certiorari ~ the Consrirution In Its
uc e
the :,upreme
' ''':1
f
.
.
d
IX A Seen n 7 means the special crvu acnon 0 ~emor_an un eJf
Rul 65 Seenon 1 Golido t:-. CO}'lELEC, 193 :,CR..4.18,1991 ;
_e
. CO"{ELEC 199 SCR..4. 17~ [1991' . SInce a baSIC con-
Rivero
t".!1
vt Lli'll
Af1J(J1ffJJTJIA
Be,.. ......
bee.... the
'1
law '1'bU
am'
the tn1erpreta
the u,ht
or the
(10
of law
tbat. a motwn
I.
,,1"111
and 3 of'the CoMtltUtiun Conformably t(l the I IJf I,V" , ''''11 'II ""
Co~ltut
on all election ca~8f Including pre Jlrtllllllllld
fill
trovenlles mu.t be decided by the COMELI-,C ITI I)lVIBI"".
HI"IIII"
patty be d" .. tlmed With thE!deeisien. hI may I,', amlllUI/) ""
recormderat
on before the COMELE( En B'1fI1 It ,g, Il" II "'II ,
thedea'lon
orderorruhngoftheCOMf,I,}"LAr,IJ'lfl'
111[11,,,,,"
eecordance WIth Artlc1e IX A, Section 7, "mlly 1" ',,'mv,hf '" It.
Supreme Court on certloran ..
/I," ,
He contends
COUlL
HUll
ll8
htlvlIIH
H" I, "11/11
proteat of Cornia wa. filed more than ten day .lit, I hlB II(. Y' III
proclamatIon
Reye ,however, I e topped to r:IIBI thlll/IIJI 1"111
DOW He dJd not only appeal from the dr CI arm Ilf t},o I rin] (;'"'' I '"
the COMELEC ra,slDg thi que tion, but hr 81 I, Ill. d n fI' 'lll'"1
for mendamu.
and prohibition In the CIIUrt. (If A"". rlls. III1VIIIIJ
deeided on thl. course of aellOn, he 8hllUid nllt 1,0 ~IIIIIW,.t1 II/ , II.
the preeent petItion Just because he )llst 10 thll(lI "II "8.
CHAPTER X
Objective
and qualifications
of the Chair-
2.
Section
3.
4.
As dist.inguish
from permanent
of terms
appointment
5.
6.
7.
8.
B.
C.
Are members
prohibition?
against parti-
183
rvice ',-stem
1
:aO(lDt
d rd ah n ofrompens3tion of government
1
1_
1
mplloy~ an ffic ,;
~
_ Der~aeel candldate:- shall not be appointed
Wl
1 , ar after the electIon
.. _ E tJve flie als are not ehgtble for appointrd
at n nan, capaClt) to an,:. public office durlDI his tenure
- E eenve and appcmt e public officials shall not
~
ve .debt nal or double compen ..auon unless specifienllv
t
14
R~~~~~
'I'III~ ('lVII,
SEItVII'I:
"OMMISSION
1M
UIS(jUSHION
SJo;C'fION
ANI) qUALIFICATIONS
01" Till<; CHAIHMAN
ANI> Tllft; ('OMMfH
SIONI<;n.S
ment. ..
COMMENTS:
OBJECTIVI<;
1(I).
COMPOSITION
A GLANCE
COMPOSITION
AND QUALJFJCA'fIONS
AT
(~UALIFICATIONS
186
ADMINISTRATIVE LAW
ION
187
COMMENTS:
The Civil Service
(a)
~IIbranches.
embrae
nnd ngcn-
(b)
All government-owned
or controlled eorporauons
....ith
original charters, whIch refer to corporaUon ....hieh have
been created by special la .....or granted leg. lativ o charters. and not through the general eorporanon In w, ' Th
phrase "governmenwwned
or controlled corporation
HALL BE I
AND FIT
ACCORD
E S
8.p1
,_ 4 1982.
0.
94S2!1
w
ADMINISTRATIVE LA
188
COMMENTS:
GENERAL RULE:
Appointment
merit and fitness.
In
the
Cl\
11 service s
to
. d')
How is ment and fitness determine .
.
It is determined
by eornpetrtrve c"ammatlon.
EXCEPTION:
Who are exempted from the requirement
aminattons?
of competitive
ex-
2.
3.
Highly technical posuton - A position held by one possessing superior technical training.
2.
Ixm,.
Code
3.
prot
,aNi
b) la:..
COM~tE~lS:
Thl" OO",.t t ut ional gu rr ntee protects offieers nd employees of the Ch l' Service from abu ..e .. nnd arbltrnT) conduct of their
SUp~TlOT" and ." t>~ from mtrigue .. and frame-up .. C'OllUtlg from
inside or out side of their om t.. PI)" er pln~ of politicians md
envious colleague s 111go, ernmeut hn' i' crippled the 11\es or l'itgi.
hit' officials and employees b~ either causmg their suspcnstou or
remov al from 001('.,
"'htlt could 00 more p mfu1 thnn the unlawful
nd unjust ified remov al or ,.u,,~n"lon of one \\ ho h s hone ..tl) -,pent the be "t
) ear .. of his life in the go\ ernment ..erv I\e'? A" the" ) in~ goe". a
culprit readily ccept .. the p 1n of pum ..hment if he 1- news, he is
guilt~ but n iunocc nt m n ..ufftr:- m N if he is indeed innocent.
\\1'6t
1" the
assu .. nee th t,
1n nddltion to S"'lIo.n :! S th
unt.) oftenure
i..protected?
1.
The
,rt' enu-
190
ADMINISTRATIVE L:\W
2.
3.
4.
The preventive suspensron shall, ho~'('ver~ be lin~dafter ninety (gO) days If he is not a pr~:'ld~nt!al appOintee
unless the delay in the investigatIOn I~ Imputable to
him.'
DOMINGO VS. DEVELOPMENT BANK
OF THE PHILIPPINES
G.R. NO. 93355. APRIL 7,1992. EN BANC,
REGALADO. J.
FACTS:
Domingo w a,; employed by Development Bank of the Philippmes ail Senior Training and Career Development Officer on permanent status from February 1979 to December 1986.
On December 3, 1986. Executive Order :-;0. 81 (The Revised
Charter of DBP, was passed authorizing the reorganization of
DBP. Pursuant thereto. DSP Issued Board Resolution No. 304-87
allowing the issuance of temporary appointments to all DBP personnel in order to fully implement the reorganization.
The resolution authorized the issuance of temporary appointment to all DBP personnel to allow maximum flexibility in the
implementation of the reorganization. Such temporary appointments issued had a maximum period of twelve (12) months during which period the performance of the incumbents were assessed
based on the results of their evaluation,
DBP undertook the evaluation and comparative assessment
of all its personnel under the CSC-approved Naw Performance
Appraisal System, a peer and control rating process w hich served
as an assessment tool of DBP's screening process.
~n
c... ,,.'~Ja
~l~]pru:ntm't~t
re,.O}UllOn
'n>C~,-
~it'
~;~'lI"8tllcn from th
- rvree
,. the lapse of his
-ext n,.10n or non-issuance of
re
sed on hl' unsadsfactory rat- re-evaluated and comparatively
mmutee of the B n
I
a
\\
t't
~r
- n t ff, rded d~ in court nd denied
u ProCl>" in tb unil teral ev luation by
- em ('~ tl ,.forthe~ ars 19~7and
f
d
N'
date th:tt 0
N- rt'm CI\t
-t 1"\
efficiency rarmgs
ee;
are
alii and
Provisions
LlTI{J\rJVl~ I,AW
ADMI NI "
1112
HELD:
,d the Civil Service Commission's
The Supreme Court amrfmd~ retion having been committed
buse 0 isc
resolution, no grave a
by the latter,
, d 'slid ground for separation
Olze
' a recog
th at It
' be
ReorganizatIOn' 18
bi t "0 nly to the con diti
I Ion"
of civil service employees, IIU ~e~h Constitution
itself In Section
done in good faith, No lell~ ~ha: to;ether with Sections 33 and 34
16 of the Tran8itory ProvI81~~ Section 9 of Republic Act No, 6656,
of Executive Order ~o, 81,a h th declaration that all those not so
support this conclusion Wit ti e of said reorganization
shall be
appointed in the implementa lO,n with the concomitant
recognl.
ted from the service
b
fj
d
d
eome sC~l1ra ,
ropriate separation
ene Its Or
tion of their entitlement to ap~ -d ovcrnment agency,
retirement pluns of the reorganize
g
,
f iled t invoke the presence of any of the circum.
Domingo al COl
'::!
of Re ubJic Act No, 6656
stances enumerated under Section
. P
, .
which would show or tend to show the existence of bad ~aJth In
the implementation
of the reorganization.
The reorgamzauon
having been conducted in accordance with the mandate of Datto
I', MIRon, 1'1 al., 176 SeRA 84 (1989), it can safely be concluded
that indeed the reorganization was attended by good faith. The
dismisanl of Domingo is a removal for cause which, therefore, does
not violate hia security of tenure,
tioned.
r!it
~r
by hi
JCe
193
of law
(k;
St.ClI0N
COMMf.N'fS:
GENERAL RULE
An officer or employee in the Civil Service ..hall not engage
dlrect.ly or Indirectly in any electioneering or partisan political
acuvlty:
EXCEPTION
However, the said prl,hibition does not prevent any officer
(If employee
from expressing his views on current political problerna, or from mentioning his views on current political problems
(Jr IS UCS, or from mentioning the names of candidates for public
office wh(lm he supports.
It. dr,es not also prohibit a person from voting or from joining
CIVIC Mganizati()ns
that arc non-partisan in character ~
1.k,mrnKI' VB O,,"elopm"nl
ll1':n. f."
Bane, ~18d(),
'&d10fl ~
"I H.ecord
.J
1).-64 5, 573.
ADMINISTRATIVE LAW
194
CAL ACTIVITY?
I:
AGAINST
shall
Til
I'll
fH\U.
OMMI
ION
I III
COMMENIS:
:1(6). I"~M"()I(AI(Y
I-:MPI.OYE ..:S Of 'III": uov.
.:KNMI-:N'I' AI("~"HO'l'I~("I''':f) 11\' LAW
E TIO
COMMENTS:
rnpor .1')' t'lnpIU,)'l'I'8 cllI IIlIt hnve II fix,'d term
and that th , w r m r Iy nppoiulur]
h"I'HIIIII' III tilt' ab nee of
eligible at the lime they II'. luft,d, Thill 11111'11
not 1111'1111,however,
that they hall not be grven prol"I'tlllll II.v In w, I t III Jlolllllhio that n
temporary employe
I not eivll aervice ciaglhl"lll
rhn time oftu
appointment.
but he mny ncquirn civil (I"I'VICO l'ia((lllIlll,) while or
dunn his temporary employment,
In Sill'll II ('UI'II', till' 1111111 ternporary employee shall be automatlcnlly
c'U1l8111l'I't,cI
II pcrmnnr
m
employee As 800n 88 he becomes II perrnunuut employee, h enn-
not be removed
CX('cpt "II'
"~c"on
CIIUIUO.
eentrol
fir
(l
ADMINISTRATIVE LAW
196
2.
It shall strengthen the merit and rewards system, integrate all human resources development for all levels
and ranks:
3.
4.
ConstitutIon. ~
Self-explanatory.
SECTION 5.
197
STANDARDIZATION OF COMPENSATION
OF GOVERNMENT EMPLOYEES AND OFFICIALS
"Se~tion
5. The Congress
COMMENTS:
Standardization
of compensation of government officl(\Is and
employees will resolve the repeated complaints ofgovcrnnll'1lt officials and employees that. oftentimes they receive lower salar ies
than those of their counterparts in other government offices. This
situation has resulted to demoralization of employees Concrete
examples arc employees who arc occupying low posrtions in till'
Central Bank or in the Philippine National Bank but who receive
higher salaries than employees with higher reaponstbihttes In
other government offices. This should be remedied by Congress,
SECTION 6.
"Section 6. No candtdote who has lost ill any election shall, within one year after IWCI! election. be appointed to any office in the Government or .011)' gottr!,.
ment-oumed
or controlled corporatrons or 111 any of Its
subsidiaries.
~
COMMENTS:
1.
Section 6 prohibits the appointment of a defeated candidate in any election within one (1) year after the clcction, This means that they can be appointed one ( t) year
after the election.
MIIr' ......
...
t.t ..
_II
..........
".
_ belie,. that
dtat appcnDtlaeDt.
SECTION 7.
199
ELECTIVE OFFICIALS ARE ~OT ELIGIBLE FOR APPOI1'.'TMENT OR DESIGNATION IN ANY CAPACITY TO ANY PUBLIC
OFFICE DURING srs TENURE
COMMENTS:
1.
2.
Section 7 second paragraph. governs appoi nth: e officials. They shall not hold any other office or employment in the government or any subdivision, agency or
instrumentality
thereof, including government-ow ned
or controlled corporations or their subsidiaries. However. they may hold another office ifit is allowed b) In\\
or by the primary function of their positions. In actual
practice, however. Cabinet Members are members tlX officio of different offices and corporation under their departments. Apparently. the reason for this is to allow
said Cabinet secretaries to supervise and oversee the
different offices. agencies and subsidiaries under their
respective departments.
I
...
1 ~,\
("0
p bI,e officer
r indiree:
bv lou. nor
sidered os
COMME rJ'S.
GE ERALRtU
mn: r and
n
employee
t ron pen lion
hnll
UCEPTIO~
t \\
PROl"l .. 0
Pro\ ded t h
dd
t
"
Can an e eet ,
an ther pesu n
It
f C ngress
salaries
law,-
for
&eTVIC(.'S
1/.'
tl by
Can an elective or appmntlve puhlic; "Hicer (Ir /'Tnpl'IYc(; rein arldltJ/lf1 to his C(lmr"'(lsf,tifln'l
CHAPTER XI
TOPICS
1
IN THIS CHAPTER:
of the Chair_
A.
Composition
at a glance
C.
2.
3.
Section 2(1-4) -
of term"
A.
B.
(')
election laws
and to insure free. orderly and honest elections include
the power to annul an election \\ hich may not have been
free, orderly and honest?
D)
E)
F)
to call a spe-
of the CO~IELEC
before and
l"
203
Se ction 2 5) -
Section 2 '; - Comelec can recommend measures to Congress to rmmmize election spending, etc.
Section 2
- Po" er of Comelec to recommend removal of
an) officer or employ t e it ha ...deputized
Section 2 9 - Report of Comelec to the President and Congn>.ss
10. Section 4 - The Comelee may supervise or regulate the enjO) ment or utilisation of all franchises. etc.
A
204
ree
om.
evolve
Section 7 _ Votes cast in favor of political party is valid if it
is registered under the party-list system
205
DISCUSSION
SECTION
"S('("tion
1<:/I'rlif)f1.'l
8W'II'rB who shall be natural-born Citizens of the PhilipPWI'S unci, at the time of their appointment,
at least
'hirtY'{iI'I'
(.35) years of age, holders of a college degree,
and mU1Itnot houe been candidates for any elective poHit"", W th immediately preceding elections. However,
a majority thereof, including the Chairman, shaLL be
membere (If the Philippine Bar who have been engaged
in till' practice of law for at least ten (10) years."
COMMENTS:
COMPOSITION AND QUALIFICATIONS
COMPOSITION
AT A GLANCE
QUALIFICATIONS
All'" I I I!lAIIVI
lAW
Inn
"
JI
,II
til'
1111111111 III'
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min,
",,"tI'.
.... d In'h
II ,
I 'tli
III
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f"
I
I
I) 1':1",lI,,'''' ",. M
II II "hllllitl l.. l'l , Itl
II)' Ih II ( om"I"" 0,1 "
Iflvlllv" turnpllt" .... d 1 ,,1111_11:- VI I r
11,,01 III, V
""Iv, "rI
II
111.111'"11'1111'
iii 111'11
Iy I ft~III' hll' 111111011' 111.. 01
,,,'II
"I'
'I
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filltl I' ""Ivl'rI
InM In Lh.. ('11,"",111,,1011 "h" '~' ':1 nll.1 '111111 Iii ,," "",foJlIII,III'llIlJ
only IlIn" ..
th. r"IIt111 ItVI! " ,
"
Anet 1
1\.1
In 1.11" 1,,"1"" bllt IUIYI,"llIlC,"lIlI,
III I "III I, ." I ""H',
11110
whll wflr" IIhl... LlllltAY In pllw"r III' fl. I I, II,'. ""1111111
will 'II 111"
'IIJI 'II. ullllct 11111111 NI,llIllv
1111 '11111'11 1111,1
P.. III)I M Clra II IAn. I ,....
'
I,h.. hon t nnd lh" lruly d... "rvIIIIC hut wllu 'II' 1111' ,III 11,'It 111101
Innunnllnl II. th"'1' ,til VCIrll II ria II, lire "'" till'" Jly III 'lilY' d II' II
ehnne III h" "' ".. rvlr. to tllIlIr ,,'''111111111111'11 '1'"" III'I~II' 11111111,
thlll I_ th rUllt filUM. "" VII
IlIrrllJl' 11111 II. 1111. H"Y' 11111111111
'('I... wlrkc d nnd the (IIrrullt ,.r. thllll' who ",I, I,V 1111 11.11'"11111 III
hllllonll or paill' and lh. rrult. "f thllr c'orrllJlllllI1 '11' II ,," III I" I
paluatCl thllmllolv"" nnd their r"llIllv,"
,,"WI' 'I'h. 111111' I'llI'D
bll nnd dOllorvlnl onoll who dn not hnv' the rc 111111'11'8 III" I'H,ldy
thrown out btlror." durin" and
r till .,1. dl"" 8"1111"'"1"", ., .. y
Ire even tho en who Ir. JlU(d snd mnd, til lIulI, 'III 1111",1111"""
.ccu.allonThoy can be acquitted hut thelr IIV"lIlIIIIIIIII IIVPII'I'
tholr faml"". havo nlrnody h" n mad(l 111111(: rnhll
n...,
","1
III
lin..
"II'
,alinll III law pracuce i_ nut only confined til 1'1111 rtrnnm P' ,,1'1 11"1.
It Include. any activity which rCiqulrt'811J1J1hellllllll "I IIIW(II' knuwl
d,. of tho law, whether lIald nctivlty tnkt'li "Inn' III "" Olllllld'J "I
the court room. Hence, ten (10) yenrll IIf work (lXI" 11I'II('1II1R lnwyer manager, lawyer ~(!JCotl8l"r of contrncts, lnwyur "('I/.H,,,IIHI "'
lawy.r ntrepreneur
I. eonaidored n8 withi n till' ""'1111 iIII{ "I' I It"
phra practlce of 18w.~
207
THE CHAIRMAN
SECTION 1(2).
"~ction
1(2). The Chairman and the Commissioners
shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven (7)
years u ithout reappointment. O[ those first appointed,
three Member shall hold office [or seven years, two
Members for five .wars, and the last Members for three
years, u ithout reappointment, Appointment to any rccanc.) shall be only for the unexpired term of the predecessor. In TlO case shall any Member be appointed or
deSignated In a temporary or acting capacity:"
COMMENTS:
TERM OF OFFICE
Thev are appointed for a term of seven (7) years without reo
appoint~ent. Of the Commissioners first appointed. three Members shall hold office for seven (7) years, two Members for five (5)
years. and the last Members for three \3) years.
What are the mechanics of staggering the terms?
\.,ilil."
l'(lIlIlIIlHllIOlll'l' ll'\J)lr
,
(III
,
11I'>I~illll.'r:" 11 II 'il('IlI\I'V 0
, \ ,t'lll 111111 ~.
,
c
II
1111
fi liP till' \II('lIn,,)
11'1'"11111"1
II
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11
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.1 I I'l'I'ckl'l'SEWI'
(I""
t""u,
S):('l'lU
"Sf','Ilcm:1,
(I'
thl
hnv
t'ow ..:as
~,
f'r" JSI'
Iroru
J.'II/il/~
u rdn/ll'('
t"
shol!
('X,
( "
Jo: ,,'/,{,IS,' t'\ 1'111SIC 'I' orlginu! JII riscI i1'1ion 01'1'" a II
('(I &1. st ,..'/0/111;: III th d.','/IIIIIS, return.
and quali'("(111(111.' (If (II/ electu rt'J:WIIU/,
prouincial, and city
('fl'l'wls. (wei ('l'l'l'I/n/,' JII risdict 111/1 (11"'1' 01/ ('1111It ..st ill"011'''';: drl'/ll I' IIIUIII(,ljI(I/ "I/;"i(l/" decided by trial
('(lurt:- "f grllrrnl
[urivdiction, ,If 11I1'O/t'iIlK electiv
II U'Y.JII!:lll offi"wls d"{'1(/rd 1>." trial court: .. of limited
JurlsdlC'tlOlI
final onlcr.
"I'
I','alo b l
(.l)
1lIl'llll'lIlg
all qu .,1",",< olfi:c'lill/( clertion, includim; detcrmina1>( th 11111110 .. 1' tuu! IOI'ClIlClII ol polling places, ap1'(lmlm,'1I1 (If cicctton tll/l<'lo/,< and inspectors; and I'1'g
1.<1,\1/;.," ,I/"'"/,'rs,
111,,111
O,'l'lI/i::,', teith th c'OIl('lIrT'('IIC(' of the Prcsi"/I/'II'I.'m"IIt rlg,'II,'11'1'l and in stru ment al itie of
th Govern 111,'11 I, inrlu ding th Armed Forces of the
(4)
.iNI/, IIIII'
..
TlIg
('OMMIRL'
,ION ON 1',I,I',("1'I0N8 ('oMJo.l.h(',
Philippi/l('/:
I
ore
('1'/."",
'
for
th '
11/ ""S/lIlllg
/1"",
electione.
the
0/
goverlllllellt,
and accredit
"tIZIJIIS'
arms of
Co"",,,SS;()// (Ill f:lect;olls, Reltgiou denominations
and sects shnl! 1I0t be regis/I' red, 'I'},OSI' uihlch sl'I'k III
ach iece thrir glJ(lls througl, (:1fJ1r.ncl! or u nlrunful nu-ann,
or refus to IIplwld uru] adhere to thl ('0111111111111111,III'
u~h,ch (1/'1' SIIPJlIJ!'II'tf by (1I1j' [orclgn gUr:,YIWII'II( shall
likeunn
1)(, /'I'fllsf't!/('/{III/rnllllll.
I-'lIInlll'i(ll
lorClgll gm'r.I'III/1I'IIIH
/1111,II('nl/II/rIleS, organrzot ums,
fir C(lm/ie/lltl'S rclnted fo ,'I,'ct/(JIIS
constit ulc
III 'IIIt,OI/(l1 a[tuir, find, II'},"II
accentint,
and 11t",I'
coalition,
('(II/(l'Ihllf"lIIs/rlJl/I
('#f'II('/f'8
i nterfrronr
1(1
reuivtrauon
penalties
unth tlu:
th at
"Ill,\'
('IJI//l11IIiSlfJll,
he prrncribvd
//I
addition
"Y lam:
1I(l1,,'i,.
I,) IlII",,.
(6)
initiative.
omissions constituting
mal practices,
(i)
R,'('lIlIIlIIr."d
to minimize
I'II'cllII1I frauds,
offense,
lint!
ure ...
limitation
of
the remoual
of
an\' officer or cmploye It has deputized, or the imposttw'" of ally tither dtsctplin ary action, {or oiolaiion or
disregard of. or disobedience to its directive, order, or
decision.
(9) Submit to the President and the Congress a
comprehensive
report 011 til' conduct of each election,
plebiscite. initiattrc, referendum, or recall,"
10
COMMENTS:
LEO ISI..ATIVt:
POWER
POWER
It sha ll en fo r c I'
It shnll
ISS\It'
rules
.J{.;I)ICIAL
POWER
II hilt; the power
call
exCrcl"C
funcnon
such legJ~18tl\ c
.,
_11
con~-
and all
reletlng to the eleetien, reo
torn- and qualificaU~ of all regtonal.
jpl"(MllCial and Cl ty of
fiaalft~dec.-1 as, final
orders, or ruhOl;- on
election conte-l- In'\"OI\'1n= elective muDlapa! and baranpy
loffices shall be final,
executc..-y and not p-
pealable.'
EXAMPLES:
EXECUTIVE POWER
Relative to its power to enforce and administer allis
and
regulations
relative to the conduct of an election. plebiscite, imtiative, referendum and recall. the Commission has Ute rOllowln~
powers:
1.
To require
certificates
2.
3.
4.
To supervise
5.
6.
To proclaim
of voters
holding of polls
properly.
the winners,
Ancillary to and in support of the said powers, the Commission can do the following:
1.
I"
of voters
lQ. = e
~
212
7
.
didatcs.
To proclaim winning can
2
3
4
5
6
7.
8,
1.
2.
to im-
laws.
as may be del
EXAMPLES:
Rules to supervise or regulate the use of media and advert isernent,
2.
:J.
To
JUDICIAL
free. honest
POWER
'/hltl
'"'IUlnO VI'
"Am!u,
\'8
'SlInh.8
\8
SAllldttd
\H
l'O~Ir:I.EC.
!'OMEJ.EC.
10:1SCRA 62A
COMr:I.~:("
IAIseRA 529
1111' C C1MMIHHI
"I III I
I II
~I II II 1"lIIl"ale relntive
1"1'11111111
"", I ,,110""1'''11111'11 III IIII'UI IIIIicinls.
.
213
to thc election,
DOES THE POWER TO ENFORCE AND ADMINISTER ELECTION LAWS AND TO INSURE
FREE. ORDERLY AND HONEST ELECTIONS
INCLUDE THE POWER TO ANNUL AN ELECTION WHICH MAY NOT HAVE BEEN FREE,
ORDERLY AND HONEST?
'1'1", 1111""'1' III 11,'rid .. 1''''cllIIll Cllllt,'sta necessarily includes
tilt' "11,,,'1 III cl"I,'rmIlW
till! validity or nullity of the votes ques11I1I1I'11 hv I'llh.,
IIfllw CUllt,'stllnlll.'4 Further, in connection with
till pnwor III ct,'tl'l'l1Iirll'
I Ill' vull!ht\, or nullity of the queationed
\'OIC'II, till' HIIJlnnw ('11\11'1 uphold tilt' uuthority
of the Cornrnia"iem un 1':lc'I'IIIllIHIII e-xclude "Ie'rllon returna on the ground of staIiIlIH'n I i111prohnhi iiI y," 1<:ll'clllln rr-t urns which were the prod ucts
III' c'cwn'iol\ wc'n' nlao I'xdudl'd und th power of the Commisaion
on ....
:lc,l11II II 14 to exclude IIll' !lIIIlHI WIIS also upheld." Likewise, the
COllllllisl.(ill1l 01\ I<;h'ctiolls hll8 ulso the power to obtain the teatimonv of hunt! writing experts to be able to determine if the elecnou re'IIII"IIR 111'1' fulsifled or not.'7
The Supreme Court. however, upheld the power of the Commission on Elections to annul an entire municipal election on the
\'11, COMEl.EC,
'"'..! I SeRA
1252(1967).
214
.
not on the basis of its expa
groundofpost-election.terronsm,ts
This ruling in BilLUJan nded
Junsdlctton over electIon c~nte~ ~he ruling in Antonl
(18
COMELEC2
which modi fie
r ower of the C 0 (la.
COMELEC,21 is anchored on th~ brOa~;y the elections Otrltrlis.
sion on Elections to protect the Integn
def t d
and to
te is not erea e .
see to It that the will of the electora
:f
SPECIAl ELECTION?
The authonty to call a special election was uphel.d in Sanchez
VB. Commission on Elections" on the gro~nd. that failure of elec.
tion justIfies the calling of a special election m .order to .make the
COMELEC truly effective ID the disc~ar~e of Its fun~tlons Just
like the Biliwang case, the Justification 10 Sanchez IS anchored
again on the broader power to insure free. orderly and honest
electioDs 80 that the will of the electorate is not defeated.
JURISDICTION OF
COMELEC AFTER
PROCLAMATION
(CONTEST)
THE
It
IS u t w
. tht' Commb'll'n
on E1N"Ih)1\~ 10
a person can exercise the' right to vote. or
'<1'i hether
a t t'N~l\ IS precluded Irom {'Xt'r,'l,.mg the right of ~\Iffragl' or u t This is t\ Judi lsi qu(':-til)U,13 Cases inveb ing t he inelusion
r x lu:-i n of voters is within the jurisdiction of our
rleternlln
"beth('r
eourts
DOES THE COMELEC HAVE THE POWER TO DECIDE AD
MINISTRATIVE CASES BEFORE AND AFTER PROCLAMATION?
The CO)1 ELEC has the po\\ er to de cide adurinistrnt h t' cases
up to and Including the proclamation (',-re;pt these in\ olving the
nght to vote, Before proelam u n, nny problem ..hould hi' resolved
b~ the CO)fELEC In a pre-proeh marion proceeding. ~Aft('r proclamation, when the ccnrroversy should Illrt':ld~ be a contest, the
electoral tribunals
IS THE POWER TO DEPUTIZE LAW ENFORCEMENT AGENCIES SOLELY VESTED IN THE COMELEC?
Thl:- po\\ er can be exereised
un'.)
hief,
di
Ii
.:s
has deputized. or the impo.:'ltlOn ot au.) 1:'''lP mary acuon.
'8
TO REGIH'ff"( POL""CAt.
mONlun.~:':TC.
pol.,
addd,on
10 U
form or program Q
flh, Comm.
arlM
"1\,
Mllon,
Clhn ,e'h
0' Election
'0"
h 1/ not be regtst
JI
ClIIZ"fIR'
UI!/'/JIOUIJ dP.lIl)/fl'
r
d Tho
t:
1III leI!
(I
gauerflmellt
COMMENTS:
REGISTRATION OF POLITICAL PARTIES
What IS the lmportallcl
of rr gl811'nng a political
party?
1111 ! (lMMl
217
MIIII
pl'tllllllll'lIt
Ih
r'
I VC'
"rnmt
II
I'hl'
11111111111\
I
lie
1111 IVI(
lei,
111118 W
II)
inve
III'IIC
1I
'
I I
I
lind principles of govI
II
I.
\\1
HI numuer
..vcry election
II "
lilli'
I II \'
1111 hll
1"'111'111 III
II
plIlVt'I'M It'IIl'h"I"
'".y
III "XIII
by
hlt"1
till
uleet ions
II
.
111'1,111IIl1d even studunta,
II'
11I1I1"tltl1ClIIIlIR
1IIIVII I'I','n
I
urn-
ki
II h
IIH InK: AI (' II t esc
III 11111 "'(.;11111''''11 of vnlunble
help to
1
'
plllalll'nl 1'1\111c'1I
' "'HIH "l"d
\I... 1111II II 11111 '"111111'
' II
tllml Whlll II! 1111 11111 11\1' I II',) 111111111\ ed our lives and our nnI
11111 11111 I IIl1ll{'c1 10 U8 after lenrnlng
11\11 I t'll ,III
II11111 till
,
t
pnr \ '"
1111'111
1"\11111
,,'rt.}
1\\11
1111\\"
\Vllh hlll"III"HS rll II I ,II IlPII"1I111I1I III, IIIUI'I' lind more people
nrt' "I\\''''~ Ihlll .. Ie'1'1t IIl1n.. III II II. 1'1I1I1I1,.y Ill'll no longur 1111erodible
nit I I"'\ 111011'11 t II III 'l'h
I I
'
, , III" \\'1( " \ JI"III'IV"d
lind ncceptcd II, the
A" "111'11 ,,11'11 1111 1"1 111111II' rllll,'
I I
Illlllit III 1111 III I \ III I
,
'111\
11If!, 11111
., ('I'iU'"
pi" III
I' tll"'IIII"IH
\III"
IIIIIIIR, III
1111 II 1'111111'1111"
\11 I hl'l4l\
eruuu-ut
III
IIlll
shnws donn.
' worst,
II illlel,terrorlsm,and
, 1'lIl"lllIlIll1Wnl
1\ I
lVIII,'
I'HI1c1I1II1I,
I h"I4I'
\\
lin
Hndl
und corruption
III
gov-
"111'111
tl""K
ill"
H,IIII1~
nunu-rnu
..........
(being
&be benefit
PERIOIIALAI~
..wouT BY TIE STEIl
MULn-PARTY IV
d'd
t ..
rea...-._..
chooee the Ideology that 8Ults their belief and interest; the level
poverty and matunty Will be elevated; good and honest one!',
0(
219
with. the help of their political parties, will have a greater chance
to win; the same su_p?ort shall be equally extended by the government to all the pohucal parties' and whoever is elected will win
by a majority. instead of a plur~lity vote.
Politics of money and personality will greatly decrease, if
not totally ehminated. Thi .. idea will obtain wider participation
oftbe people whos choice w ill be limited to what is really significant and relevant to their lives. The insurgency problem will be
solved because the insurgents can participate in the election and
see for themselves if the people accept their ideology The rich
w ill have less lev erage because the choice is limited to the ideological institutions or \ alues each party represents,
Like in a tw o-party system, the standard bearers of the parties will be chosen among themselves within the party they represent. Whoever wins 10 each party convention shall be the field
of choice of the people. The choice therefore is limited, less confusin~. very democratic. and credible. Whoever is chosen finally
by the people among the three or four standard bearers is apparently the one mandated by the majority. More than this. the ideology preferred by the people will be kno w n. The losers will know
that their ideology is not as strong as they believe, or perhaps,
they will know that the) are only strong and supported in a particular region, province or municipality.
THE LESSONS OF THE UNITED STATES. JAPAN. GERMANY
AND POLAND SHOULD OPEN OUR EYES
In the United States of America . Japan. Germany and Poland, the personalitres of the standard bearers may have influence in the voting. but the platform and the Ideology of their parties spell the great difference. The winner actually is not the candidate but hi" party. In the United States, it is either the Republican Partv or the Democratic Part) It is the same 10 Japan. Germanv and- Poland. In fact. the labor party represented by President Lech Walesa \\ on in Poland. President Walesa is a labor
leader. and yet, he won overwhelmingly.
The situation In the Philippines is different. It is the personalities who are more important than the parties they represent. In fact. even without a political party. a popular movie actor
or television per"onality can win because people consider their
personalities more important than the candidate's ideology and
ADMINISTRATIVE
220
LAW
2.
Those which seek to achieve their goals through violence and unlawful means shall not be registered;
3.
Those which refuse to uphold and adhere to the Constitution shall also be refused registration.
2(8). PROSECUTION
OF CASES
221
COMMENTS:
OPTIONS OF THE COMELEC
1.
2.
3.
4.
It can prosecute cases of violation of election IIlY-s. including acts or omission. constituting election frnuds.
offenses. and malpractices.
'DOPl'Ople
vs, JudI:!! Intenr. 11:\;SCRA illS. i94-795 (1990).
:nP,oopl!>, <, Delgado, 11>9 SeRA 716, i20-i22 (1990).
222
. r of the COliofELEC tr
s tbe powe
d
J
Section 2(7) merely sUite
the CongresS in or er:
.... ea!ures to
recommend e (Iieclne....
d
nding, an
pe
1
To minimize election S
,.
I
(ortn of electIOn Irauds
e I
'
2. 1'0 prevent an d penahz da uj=atlce can d'd'
I acres,
offenseB, malpractices an n -
COMMENTS:
MELEC TO RECO~f~IEND
SECTION 2(8). POWER OF ~~ ANY OfFICER
OR E~f:~:~~~
HAS DEPt7fIZED
R
end to the Pre3ident the reo
"Section 2(8). ecomm
de utized or the
moual of any officer or employee II has:.
fo; uiola
impositton of an, other d,sc,pl,nary ac lOn,.
tum or dlBregarci of, or dIsobedIence to Its d,rectu;e, order; or decision .
COMMENTS:
The power of the Commission on Election~ under Section 2(8)
is merely: (1) to recommend to the Pre:.ldent the removal of any
officer or employee It has depuuzed; or (2) to recommend the imposition of any other diSCiplinary action for violation or di "regard
of. or disobedience to Its directive, order, or decision.
SECTION 2(9). REPORT OF COMELEC TO THE PRESIDENT A."W CONGRESS
"Section
2(9). Submit to the President and the Congress a comprehensive report on the conduce of each election, plebiscite, inttuittue, referendum, or recall."
Self-explanatory.
SECTION 3.
r:
ITS
1111.' OMMI
",/, , ,.f",
I
111'1, 1"11'
'''''11
/I'
II
All
, 1/III
f (1"/
1
"U",
('(,M M I~N'I'R:
'I'l
C'1I11I11II1"","
!l,VlflllIlIlI,
1'~lIdl
'1'111 tI.
II" 1~1""I'"IIA
IliV1[1I1111
C'III'11I18
",,'1111""1"'11111111
II,
itt
Ilwy
MI'IlII,,"s,
Bit
1'111"1111111'11
"ftl'""'I;1)
,Wllh
clJ'1 iainn
If'HIH'l'llCl
uppealable,
and if 80,
1111(
,,"l
II... , ,.
cf",", hfl
Willi
I'
tho determination
01 whether
of discrution nmounung to lock or exI'd ""
lUI
t.. illl
1IIIIIIIC"II,,1
I ion, 'I u-
'1""'"
'l'IIE C()I\1ELEC
':t1AY SUPERVISE
OR
1t1":(~ULA'I'E J':N.JOYl\1EN1'
OR U'J'JLIZA
'J'ION Of,' ALL J<'ltANCIIISES,
ETC.
t, Tlu
1/,.
('IJIIC'I'"",,,,,
1I11111JII,
C'JfIIfIII8t11f111
by the Gouernment
gl(lTIll'd
(/~""ry,II""I"llli"H'lIlctlI/Y
RO'l('IIIIIII'1I1
(lWllt'd
"IlIY,
or controlled
IX(C)
or any subd:
2.4
IS
the object
I\'C
of Section 41
of Section 4 nnswers
this question
(""illig l'I",du/llll'lIll1
lIIg [rec, orderlv. "01W,~t, pt'ac(,{111 and credible elect 1,011S, "
Whnt eun
obj"cll ve'
t h
Cnmmission
(2)
in violation
225
of eJection
l'rt'sltll'llt, cannot
A "'REE
AND
OPEN
PARTY
SYSTEM
olio" ni t, Cl oft u aecording to the free 'ch~/('e of the peopic, ~UbJl'ctto the precisions of this Article:"
COMl\tEN'l'S:
In nddit ion til the commeuts of thl' author in Section 2(5),
purt iculnrly on t he disadvantages
of 1I multi-party
system, the
follow Ing obscrvat ions w hich arc bused on experiences in the last
five l,ll','II(I1\:; nfll') 19si. may serve as guides in determining
whether there can indeed be a free choice of the people out of
\\ hich II frl'" nnd opun party system can evolve,
'l'here can only Ill' froedom of choice if the people who make
such choice lIn' indeed free: if those who are allegedly chosen are
free: If till' true intorcst of the people are served and taken cared
of b) t huse who claim thl') nrc free; if the people nrc liberated
from gran. corrupuon
and greed of those in ladders or governnWIlI: If I lit' votes nre countered truly and freely: if the people are
freed from hUIIJ:,'r lind want. Freedom a. it is written may be 100
1'111',)' til rend but It cannot teed a hungry stomach.
Mnssiv poverty nnd unemploj ment prevail all over the land.
lgnurunce and huuger, aggravated
b) famine, calamities. insurJ.:t'I\l'y and cr-imes, hnv e added misery and pain to the people who
are expected to muke n choice. The problem is they hav e no choice
III nil. Ht'I" t'l'll till' beautifully
worded constitutional
mandate
und their survrval, they will choose first to earn, no matter how
modest, to bu) just n kilo of rice if only to live for another day.
'1'rllly. they cannot 11I1\l'a free choice.
And yd. despite the crisis upon crisis that they suffer from
dn) to day; grnft lind corruption goes on unabated from the streets
ttl IIIl' halls of power, There should be an end to this. otherwise,
IVE LAW
,\I)MINlsrRA r
226
or
coalitions registered under the party-lis: system, shall
not be represented in the voters' registration boards
boards of election inspectors, boards of canvassers
other similar bodies. However, they shall be entitled to
appoint poll watchers in accordance with law."
0;
Self-explanatory.
SECTION 9.
227
ELECTION PERIOD
. "Section 9. Unless otherwise fixed by the Commisston In special cases, the election period shall commence
ninety (90) days before the day of election and shall end
tlurty (30) days thereafter."
COMMENTS:
Section 9 speaks of election period which is different from
campaign period.
ELECTION
PERIOD
CAMPAIGN PERIOD
to
It is the period when votes
administer an election. It goes are solicited.
beyond the day of the voting by
The campaign periods are
express constitutional
provision, thus: "x x x the election hereby fixed as follows:
period shall commence ninety 1. For President, Vice Presi(90) days before the day of elecdent and Senators. ninety
tion and shall end thirty (30)
(90) days before the day of
days thereafter."
the election:
2.
228
ro"'ided is prohibited a
od
shall be cons:id e~ed as an elec.
tion offense punishabls under
Sections 263 and 264 of th
Omnibus Election Code.
e
P
---L-------------
L_
SECTION
10.
ARE PRO.
TECTED
"&clion 10. Bona (ilk candIdates for any public
office 'hall be frre from an) form of harassment and
discrimination,"
COMMENTS:
Section 10 means that with or without a part) affiliation. II
bona fide candidate is protected by the Constitution against wany
form of haressment and discnmlnation."
SECTION II.
Self-explanatory.
CHAPTER XII
l( 1)
Composition
2. Section
1(2)
3. Section 2(1)
4.
Section 2(2)
Audit (COA)
A)
6.
Exclusive
authority
of the Commission
on
A.1)
Code (SEE-PRODE)
A.2)
Post-audit
A.3)
Section
entities
(a)
Power, authority
of terms
Simplification
a.
5.
and qualification
authority
of the COA
3 _. Prohibition against
from COA jurisdiction
exemption
00
of Government
Audit, etc., G.R.
229
exam if it
examina-
and Con-
ADMINISTRAtl'IV~:
230
LAW
DISCUSSION
SECTION
1. COMPOSITION
AND QUALIFICATION
QUALIFICATION
Till, \ "'II
\\ hit'
31
(,OMMKN I'S:
fill" ftrt "PlWII\lc ,t I, r n t.'fm of ~I ven (7), ars without re.p~)i'1t\1 mc'lll {)f I tll {onum "h'IWI'S first ppoinh d. thl Ch. U"
n\il1\ ~h"ll twirl
101 ('H II t'l) \ I rs, nc Nlmmi,.,.loncf for
om.
th"6 l5l
\1'1\1':'.
1\
fOf
three (Sl
ars
ECTIO
~(I.
PO\\'I\R. At rUORllY
l ()~tMI~~H)~
mlng
10 the revenue
and
recei 1 0[, and expend,tures or uses or fi!nds an propert ~ned or held In trust b), per~ammg to, the Go.
:>
t
any of Its subdIVISIons, agencte , or
ernmen or
d d
instrumentoliues including government-owne
an controlhd corporatIon wiJh ongmal charters, an~ ~n a
p<nt-audll baSIS- a con titutiona! bodIes, commisstone
and ((we thai hate been granted fiscal autonomy un
der this Constitunon; (b) autonomous state colleges and
11m nItre.
c other government-owned
or controlled
rporattons uiith original charters and their substdi
IJTUS and 'd. such non-governmental
entitles receuung
.ub idyoreqult)
directly or indirectly, from or through
tire gor.;ernment, uihicl: are required by law of the grant
lng In titution to submit to such audit as a condi uon of
sub Idy or equity. Hou ever, where the internal control
IYsum of the audited agencies is inadequate, the Com
m,",on may adopt such measures, including temporary
or .pecial pre audit, as are necessary and appropriate
to correct the deficiencies. It shall keep the general accounts of the Government and, for suclt period as may
be provided by law, preserve the vouchers and other sup
portIng papers pertaining thereto. "
SBCTIO
COMMENTS:
_The broad pow~r. authority and duty of the Commission on
AudIt are the following:
SIMPLIFICATION
1.
CODE SEE.PRO.DJ.;
Svettle
E.xaminc
Examine
PROmulgatc
DEline
Necessarily
authority of the
to decide a case
extravagant, or
ment funds and
2,
GO.vernmenl.owned
or controlled corporations and their
subsidiaries
NON.GO.vernment entities receiving subsidy or equity, directly or indirecUy from or through the government, which are required by law or th,e
granting institution t~submit ~osuch audit
as a condition of subsidy or equity
AUTO.nomous
'4
,
3
COlt.
'I c'
IH811111 fill AudilllvI'r
W'VIlllthllrity
III til'
11111111
.:
IV
10
I1106" WI II I 0111(111111
I
"" Ilt'tl t'UI pili 1111111111 (,)(11'111 R 1111
I
111 1111'1"11'1'1'11"11'II11hlH
poWl'l, Ih.' ('n~nrnlflR;"1l
11l~."I1_
1'1", auditing
t'llllllt'lIt
t'llIIrtt'rll
1IIIII'IIv
U\'I'"
1I''I'lIl1l1ll1hlt,
"IIII'I'f!
111'111'1'1'8 1I1111utlll'r
W HI
JII'I
IlI'm
11('('lI\lIItllll( I'IIIII'IIIIIIH
Willi
tllIlIlllilll'd
('111/1111'""11111
""
Alldit
ill 1)elll'll/pIII",,1
UtllIl,
funds;
How cnn it protect public' funds" All collectrons and revturned over to the National Treasury
cannot 1)('
released without cor-responding' appropriation
made' by
law. In tht' absence of u law either authorized
by the
Conatitut ion itst-lf or by Congress. it IS the duty of the
Cornmisaion lin Audit to refuse approval of any request
to disburse public funds. The reason for this it! because
every flingh' centavo earned by the government
and
which nrc turned over to the National Treasury should
only be used for 1\ good and legitimate purpose,
('IIUI'S
3.
'I'll!!' ,
COM!\tlSSION ON AUDIT
4,
5.
SECTION
235
to the attention of P
,
annual report it
,resident and Congress, through its
and operatio ,If S ~ssessment of the financial condition
cies and 'In ,t not
e government. its subdivision, agen,
S TUmcnt lities.j
,
or controlled c
a 1,les. including government-owned
tics It ca
orporatlons and non-governmental
enti,
n even rec
d
'
prove their eff
. ommen measures necessary to rmecttveness and efficiency.'
Any monetar~' I .
.
be til d . h t calm agamst the government must first
e Wit the Co
'.
..
upo
t .
mmlSSlon on Audit. which must act
th n II within sixty (60) days. If said claim is rejected,
C e calmant
can elevate the matter to the Supreme
ourt On certiorari under Rule 65.
The .co.ns tit
.
I utional
competence of the Commission on
Audit IS only with respect to the administrative
aspect
of the expendit.ure of public funds and not with respect
to the criminal aspect for the irregular expendit.ures.
Hence, even if a voucher has been approved by the Comrrussion on Audit, the provincial fiscal is not precluded
to determine
whether criminal liability has been incurred '
3.
PROHIBITION
GOVERNMENT
RISDICTION
AGAINST EXErt1PTION OF
ENTITIES FROM: COA JU-
AIlMINH\TRATI\'F
I \\\
CASE:
1,' C
FACTS:
Petitioners were nm(IOKtill' IlHlI'(' thun ~"I.\ IWIIlI:l1Wnl (\mployees of the Provincial :ngilwt'rinH Offic, PI'I'\ 11\('1' c)1.\~Il:-.II\
Del Sur. who were disrniased from till' lIt'I'\'I(',' h,) t heu (~c"1'1'11,\1'
Ceferino S. Paredes. Jr . when tilt' luttor as!'IlIlIw(1 clffln' ,\111\8"
edly to seale down the operations or the ~Hl0 IIIlII'C'.
On July 11. 1998. the petitioners tikd:\ Iwtlllllll ten 11'11\statement before the Merit SYllttHtlZ' Protect iou HII:l1'ciC\1SPH),
allegtng that Governor Paredes Willi motivated h~ I'clht H'.II \ c'nlC
anee when he dismissed them and hired new I'mplc\ I'C'. t,l rt'
place them It appears that during the PI'IUic'lIl ~ c\1tIll' Ilt'IIt 11)1\
for reinstatement, Governor Paredes issued Ml'llIlll nudum l )rlil'l'
No. 3A dated March 20, 1989. providing fill' till' hl1 11l}' of ""'lUll
employees to replace the dismissed t'mph')I't'S, :tllt'ti,'d" lillt\ tIl
exigency of service
On January 29, 1993. the MSPB rendered II dl'c'lslc\1\ 1I111,h1\8
that the reduction in work force was not done ill :\rl'!\1'cf:l1lf,' "It h
civil service rules and regulation fl. und urdu rill~ Ihl' 1I'1IISI.III'
~ent of petitioners, Subsequently. the MHPB 1'1'111'1"1,11 nit' 1'1,1\ \1\cia) Governor of Agusan Del Sur to pay potit ioucrs Ilwil h:\I'" :<:11.\
ries and other money benefits for the period that t1lt'~ h:\11 hI"'"
out of the service until their reinstatement. Mill'll lut or, till' 1'1'1\'
vincial Governor of AgUSll1I Del Sur Willi ordered tIl !'I'install' th,'
dismissed employees.
, The Governor continued to refuse to implement 1111' III 111'1 III
relns~te. Thereafter, the matter WIlR hrought ttl t lit' en it ~c'n h'c'
Commiasion (eSC I which 18NU(,d un Order (Int I'et 1)('\'1'11\ 1.1'1 I I
1111,
Ill/lt.
nlll
II 'N
liN /1111111'
1111111111
(,11 ...
'. mn
1 It ernp "\t'C
II,
'U'
(o(
31
Iile
b, constrnined
wlIlIld
11m
\\!tll
prore
dlllg
111111'
fa):n III
I
II
Illually 1"'IIIIIUII'II
' I 11m I' y, uru
1t\1~1I1peuuoners
III I hi II rurm(' r po itions
1
'l'hlH
WI'"
"'V,
III."
ttUl
II
1111111111'
1111
I,
III
1IIIIIIwiliH
WIIIIh"l
111'
'1"1
1IIII1R
II II I II(I' M~I
.,
'II (
11'"WIiI
'
Commlsaion
hnek snlnrlc
('lIlIlIIlY""II,
III
0(,-
find 1I11wr
till,,1 lind
l':\-
111'111 II I'y ,
2,
Whdlt"11l1
dot"I'II1III1'
;l,
III
Hence,
tioners
1.
lld
Uov
.J r., Il
M 't L'
'1) I SIr nftl't" t1w
C','I "Y8lt'lna
r
A"U811n
C""
.'
t
ern men 0
..
lid till' ('1\" ~l,,"\llrc' ( el1llHUR8tn" fh
Prolc'rtlon BOllnl n I
I nnd p;<t'c'ul"I'Y:
I rl'd It II d.'l'IS")I'S
1110
cit
lIute llullwrilY tu ruvrsu, nnwnd
lllll
2
The COA hns 1l0fj l)l' rI pnrtilllly ~':I.t'cllttd dl'ci~iollsi
.
dif tho inn [HI
and 010 I Y It
S. I -ms Protcctiull
Boord and the
ers of the ~ !'ret ~6 1
d
or
..
II'
I"
'I Service Com'1lI6~J() ,
\,IVI
)
th ' Mt.ril S\ Slt'IllS I rotcction
Bonrd
decISIOns 0
e.
L.
I
I b
Th
a,
e
'Ivil S"r\'ICl' Conlllllssion
IItlVC 11 r('a~ Y
een
and the C
t I hv the local govcrnnH'nt
U01t of the
. II execu t'(
portl8 Y f A ~'IJl Ih.1 SUI' by I'cinstating
p('titioners
ProvInce' t: 0
gu,
d
oarti
.
sr I)O~lti(}n~ in 1993 on pnruatty II' pnYlllg
to thei
r Illrme'
f1'
1\1
II'
'"
H
,
Wit t'S in 1111'Unlount 0
\\0 I Ion I wo un.
th(',rb?ck
~ ,Four lIundn.d Twenty Throe I>l'SOs and
drl:d NIF""lY (1~1212n I ,12'1 'J,t) centavos on December 12
Thirty
our
,'"
""
,
1995.
,
'
is whet her n'l>pondcnt COA, in till' cxcrciso
The hi nge IBIIUC' 1
rl k
..
CC'l('nno
'
"
HELD:
The COA is bereft of power to disallow
tioners' hack wages.
1.
the payment
of peti-
THE CO
2.
M~nSSIO!li ox AUDIT
239
found that th
havejustifiedetrhe
Was lack of fuods which would
't
e
red
. the workforce were
1 not for the p
uc t'100 10
't'
. . .
ment a t100. If therocedurallofi
MSP
rnn res 10 Its impleGovernor Parede it B found bad faith on the part of
his perl>onalliabi~'~ ;ould have categoncally decreed
titioners. To be 1 Y or the illegal dismissal of the pec.eed from the th::ret even t~e ~eti~ione~s did not prohabllity of Gov ry ;at their dlSmlSsallS the personal
ruling that bade~~~:h aredes Familiar learning is our
alleges bad faith
cannot be presumed and he who
at bar thE' d I has the OllllS of proving it In the case
the q~antu eClfslOnof MSPB by itself does not meet
m
sumption of 0 dProof necessary to overcome the pregoo faith
The case at ba b "
POwer f th r nngs to the fore the parameters of the
0
e respondent COA to decide administrat.Ive cases
involVl"
. funds. Und b
ng expon diiture of pubhc
. ou. t~dly, the exercise of this power involves the quasiJud~c.lal aspect of government audit. As statutorily
envIsioned, this pertains to "exammation audit and
settle~cnt of all debts and claims of any s~rt due'from
or owmg to the Government or any of its subdivisions,
agencies and instrumentalities." The process of government audit IS adjudicative in nature. The decisions of
COA presuppose an adjudicatory process involving the
determination and resoluuon of opposing claims. Its
work as adjudicator of money claims for or against the
government means the exercise of judicial discretion.
It includes the investigation, weighing of evidence, and
resolving whether items should or should not be included, or as applied to claim, whether it should be allowed in whole or in part. Its conclusions are not mere
opinions but are decisions which may be elevated to the
Supreme Court on certiorari by the aggrieved party.
Accordingly, the fundamental
requirements
of
procedural
due process cannot be violated in a
proceeding,
before the COA. In the case at bar,
former Governor Paredes was never made a party
to nor served a notice of the proceedings before the COA.
While administrative agencies exercising quasi-judicial
wers are not hide bound by technical procedures,
~~netheless, they are not free to disregard the basic de-
""MINI
240
rRA11\ ~ loA"
iut
"IVlng 111m nn
tl
amountln" to million II f pe fiR \\ I J(...
,
.
"III
OVHit'II(,P
III
hIS
(
opP(lrlulHh 10 III 111'111"I nn, I PI'
Ihhl' otficinls arc'
d fense Our rultng Iio II( Illg IhCiII I)I
.
perllo,ullh ""hl, fnr ,!nlllll!-l'11l"rifling frll~1 !lIpgal n.cts
dona In hnd fltlth nre prellllBId 1"1 SHill "fhelnls III~v.lng
been 811l.d bot h In t 111'11'IItlilllll (111111)111'81111(11 (',. p.lt'llll8,
3
6,
241
Petitioners'
ft.
.
1988 wh
tl
. SU erlngs started way back In
the
.en lley were unceremoniously dismissed from
:-;enlce. t took fi .,.
. .
thei r f.
.
\ e years tor the ~lSPB to decide In
I .' avor, Still, they were not reinstated until the follng
o"d
year,.and this was only after several motions filed
an orders Issued t
.I
.'
0 compel the concerned public om~l~ s to reInstate
them. Then again, despite an Order
I~su~d as early a:-; April 19, 1993 by the ~1SPB the Provmcial Gover
'
nment \....as able to pay petitioners and
even only partially at that, a good two and a half years
after or on December 12, 1995. Now, after more than
a decade, respondent COA holds that petitioners should
run after Governor Paredes in hrs personal capacity to
collect theIr claims. Worse. petitioners stand in danger
of beIng made to reImburse what has been paid to them.
Under the policy of social justice, the law bends over
backwal'd to accommodate the interests of the working
class on the humane Justification that those with less
privilege in life should have more in law. Rightly, we
have stressed that social justice legislation, to be
truly meaningful
and rewarding to our workers,
must not be hampered in its application by longwinded arbitration
and litigation. Rights must be
asserted and benefits receiv ed WIth the least inconvenience.
The orders of the respondent COA dated July 2,
1996 and August 28. 1997 were set aside.
COMMENTS:
The decision in the above-mentioned case has enriched our
jurisprudence and has provided a clear example of the different
important principles in administrative law. thus:
1.
ADMINISTRt\TIVB IJAW
2"2
2.
3.
243
PETITIONERS
HAVE ALREADY BEEN PAID
:~~E~T1IEIR
BACKWAGES,MAYNO LONGER
WED OR IN ANY WAYMODIFIED OR
INDIRECTLY BY A HIGHER COURT, NOT EVEN
BY THE SUPREME COURT.
"x X .\ There i. a further
impediment
in
th e exerei
f
crse 0 the audit power of the respond~;t COA. The MSPB decision of January
29,
93 became final and executory
when the
Pr~)L'incial Government
of Agusan Del Sur
f~"ed to appear within the reglementary
per~od. To be sure. the decision has already been partially executed a!'; tht; Acting Procmcial Treasurer
had .pald petItioners some of their backtuages.
Again; Our undeviating
jurisprudence
is that
finat judgment.
may no longer be reviewed or
In any way modified or indirectly
by a higher
court, not even by the Supreme Court, much
les by any other official branch or department of Government.
Admuustrative
decisions
must end sometime as public policy demands that
finality be uritten on controversies,
4.
ADMINISTRATIVE LAW
244
..
Detilione,..' .uffering. started way
x x % T'
.
1 di
back ira 1988 when they were unceremonious y ISmissed from the service. It took ~ve years for the
MSPB to decide In their favor. Still. they were not
reinstated until the following year, and this was only
after several motions filed and orders issued to compel the concerned public officials to reinstate them.
Then again. despite an Order issued as early as Aprt!
19. 1993 by the MSPB. the Provincial Government
was able to pay petitioners. and ellen only partialiy
at that, a good tuo and a halfJears after or on De
cember 12. 1995. Nou: affer more than a decade,
respondent COA holds that petitioners should run
after Governor Paredes in his personal capacuy to
collect their claims. Wor.~e,petitioners stand In danger of being made to reimburse what has been paid to
them. Under tne policy of social Justice. the law bends
over backward to accommodate the interests of the
working class on the humane justification that those
With less prioilege In life should have more In law.
Rightly, we have stre ed that social [uetice
legi.latiora, to be truly meaningful and rewarding to our worken, mud not be hampered in its
applwation by long-winded arbitration and litigation. Rights must be asserted and benefits received
with the least inconvenience.
The orders of the respondent COA dated July
2, 1996 and August 28. 1997 were set aside."
SECTION
4.
CHAPTER XIII
LOCAL GOVERNMENT
Local Autonomy
2.3
b.
c.
MagtL\ias Vii. Pryce Properties Corporation, Inc and PAGCOR. G.R No 111097.
July 20, 1994, 53 SCAD 367
3. Sec. 3 -
4. Sec. 4 -
A)
B)
SupervilOl1
A)
What
B)
What are
tiOJll?
power
6. ~
8_
tIIe--
aources or revenue,
..":tion 6?
ofi8'f8llue of municipal corpo
tUma tuM
l
7. Sec..,_t.a.l ....
ill Ntionel...
n....
etc.
rae
in n
a.
~toaDequitable8ha
re
8.
9.
10.
or provinces
r Il~bl'"
lnd
1"
- 1
19
Sec ~l -
'
\'
lh will be h td'
..I h\ \
tN'"
I 1\!1
LOCAL GOVERNME.NT
..ts:
COM.'fE~'T
1.
2. The terntorUlI
.Ul118
IS
It
16
jurr dictions,"
2.
a.
LOCAL AlITONOMY
AND DECENTRALIZATION
lSI
~
fJMt
No. 7160
2110
Sl'Ctmd Philippine
tt d
c.
C n1I
overnmen
0 evot
,om ~dered the neW g
blishment of
e
n AprJ
Rlon 0
"Ban
Juan va. Civil Service CmnmllllOll ' G R. No, 92299,pA riI 19,199 1.
'Ibid.
LOCAL C()VF:RNMF.NT
government
development
T he {'
1011'OWIng are t h e operative
princip. Ie 8 of dr-cr.ntrnlizu-
(a)
(b)
(c)
..
. I
I and regulations. local
SUbi.ect to CIVilservice. aw..d~1~iiV
mainly (rom 1(;offiCials and employees pal
d' g to
or
:!ri~::~
~~~~s:,eb~~~:~:!~~o~~:~~
a~~b(Jr-
ill' (Underlining
Supplied)
,
.
f dut responsibility, and accountability
The vesting 0
y,
it hall be accompanied With
in local government urn s s
(d)
==
.
pro\'l811l1llfll
Iell
II (Idetl"ult' rC1!ClUrC1'jJ
to tlilldllll'j'I'
Ollll
,
)
t
....
ff.r.t!\II\ curry oul t wlr f IJIlC'tIlHiIl'
lUll I CUi"
t
h,.n"\!~:"
:
~~:,
:~J.w,(I
.
'O:~
ilicirJl _ ;Q__~-'- _ _.r_:_._.r Hod the
their powers
dJ
C Wl
'
u. d<:n
r~~~~~O.LUUbt
tdllU1:
III ouhQDrultlXll1! lind 1!!lJ.UWluhl~haf{tln
~b.I' pr.Qctoili!.
C
Ruppllod)
component
II III IS nre
Within the
8CO,W
oft})!'ir prC'BC!rahf!d
(g)
Th~ =Ilbihtiya
of lora I iovernmcot
units. C!8u:ci nUy
~bc _~I~IPllhhes aod bUfIloiUYs. shull be l:ohunc('d
y proVldlD1l !tWill With opportunities
to purticiuL t .
livelv 1 th
I
----- LC lAC
,nl'
IDlIU:ml'otol!oo of oatiooal pr0i:Cum
d
prolects; (Underlining Supphcd)
8 flU_
Ch)
There
cal
aut;shall b~e U contmulDi ~u:cbnnism to cnlwot'{l 10
alewby a~%~~'o:t ooh by leKlslal!yc coabljoi: IIcts but
______ lOls_rpl!ys: And or
. r
I
- -- dr-rlining Supplied)
KUDIza looa n:forms; (Un.
.
Government the reaponsibilit inth. With the National
~ul~tcnancl'
of ecological bal~
t ~ m~nag('ment
and
rial jurisdiction, subject to th nce W.lt~!O their Iurritn.
and national
(J)
policies
e provisrons
~=\~~
Effectjve
me
f
- Chlo,am. for eosu .
o ~c~ governmentuDlts to tb ope t~~~~~ilit~
~!y:b:~'::I~::';Wb.nedin.':~~
(k)
of this Code
phed)
_.ocalleadershlp(Und
,
The realizatiop of 10
throuih jm
_cal autonomy sb II
li : __L __ -
er InlOg Sup.
"""'lliVII!;t~'
II
, I
.. ,r.ItOll
. ,1. H, 11111",1 AJlI'''
~
'"''
terprutntion
Illg
Itll'Jll
rulcH shall
ol,,)ly
(11)
(b)
enue
measure
local govcrnrnent
slndly
IIr rc V
rtf{lIl1ll1l
III
I h.,
IIlVIII
of effectivity
VS
NO.
FACTS:
No
LOCAl. GOVERNME?-.'T
255
~h.e~her P.D. No. 771 which revoked all existing jaia al ranchise~ granted by local governments as of August 20. 1975 IS unconstitutional:
2.
Assuming that the City ofManiln had the power on September 7. 1971 to issue jai-alai franchise to ADC,
whether such franchise is valid considering that it has
no duration and appears to be granted in perpetuity;
3.
On September
HELD:
The Republic
10
m
be all 'Wed t intervene 10 G R No 115044 Tho Rcpublre is
n~rvenllla an G R
115044 an the exercise, not of Its businoss
LOCAL GO\'ERXMENT
257
authontv
. 0 f jar-a
i
lai
. C ~ to grant .franch'lse' S l"ror t h e operation
ai fron tons
IS m
ongress, while the regulatory function is vested in the GAB.
. ADC ar~e-s that Presidential Decree No. 771 is unconstilut1o~al for beln~ .a violation of the equal protection and non-impairment provisions of the Constitution. On the other hand. the
gover~ment contends that Presidential Decree No. 771 is a valid
exercise of the inherent police power of the State.
It ~hould also be remembered that P.O. No. 771 provides that
the natlonal.go\'~rnment
can subsequently grant franchises "upon
pro~r ap~hcation and verification of the qualifications of the
applicant. ADC has not alleged that it filed an application for a
franchise with the national government subsequent to the enactment of P.O. No. 771: thus, the allegations above-mentlOncd (of
preference to a select group) nrc based on conjectures. speculations and imairined biases which do not warrant the consideration of this Court.
On the other hand. it is noteworthy that while then President Aquino issued Executive Order No. 169 revoking P.D. No.
810 (which granted a franchise to a Marcos-crony to operate the
jai-alai), she did not scrap or repeal P.D No. 771 which had revoked all franchises to operate jai-alais Issueu by local governments, thereby re-affirming the government policy that franchises
to operate jai-alais arc for the national government (not local government!') to consider and approve.
On the alleged violation of the non-impairment and equal protection clauses of the Constitution, it.should be remembered that. a
franchise is not in the strict sense a Simple contract. but rather it is,
more importantly. a mere privilege specially in matters which are
within the government's power to regulate and even prohibit through
the exercise of police power for the public welfare.
CABRERA VS. COURT OF APPEALS
G.R. No. 78673, MARCH 18, 1991
FACTS:
The Provincial Board ofCatanduanes issued a resolution closing an old road leading to the new capital building to traffic and
giving to the owners of the properties traversed by the new road
equal area from the old road adjacent to the respective remaining
l d IcgllJlollVC powr.r8
HEW.
(;1111
Lee I
(I"
mere rdlO'Jl
the mandat
{I
rna
whatever r asons It rna.) con I er su I tt"rles cockfighLinu lind
b
t permits
0...'
It
te d JurJeng an d monte u
C "r('h6 hne consult"d IllI
,
t ora racing In rna k mg sueh ChOlcel, on..
Ihartty to reUtPUI, much
OWn Wisdom which thi Court has 110 au
,
'
..
,
II
h
LA-n
aid
'hal
court>
do
net
sit
to
"'solvl'
I .. Tel:erse "e
85 h II'X
C1r It
SECTION 3.
"h'(,/HlII/SIIl
rl"
"/
(I
[[
,III1(CII(II"
r.
relnrensl
1J1Io
PIII""r".
rC's/"lIls;l, liti
CII" glll'I'TlI ment III" ( 1/1I'1t
I I "'8 (II [
the' '111"[,/,I'U("",,,
-! , I( rl'lltJlllrl'8, (I lid procrd {or
cat (1111011" till'
(II/'/:
,"",,,,
0, ,
tC'r/II, '~(/[""'C'8
"ffino/s
tuui
I)
"/11'/(1(,
1'1'1,,,,,
"1lI1'1'
atu] II11 t}
,
tllm
/'
I,
' [
um
' u!1/m",III,..,,1
and ],
IIlld/flllS
and
11'1 111(11/'
I'
/' /
118 re (li"'8ir}
"""
I 111/,,(',,1 units,"
um
alit! I"l'IIlCJva/,
dill II'S (If /tWU!
till! orgoniza-
COMMENTS:
Tht' l'l\l\cll\Wl\t 1)1' II I I
tiative of Cun'"
h
(11'11 guv(~rnltll'lIl code ill lefl to the ini, ...n liS lit till' cunsrt
Ii
d
h
h
.J
code must provi I I'
, I U 11m man utes l at t e 8111(
(lor
the' fllllow1ng:
1.
It mURI l>rnvid.. f
.
I
1
~ or II morH rl'SI)lH1SIVC
und uccountnb H
ocnl gOVt'rnnwnt structure
instituted
through H t;yslC>rn
ofdt'ct'nttlll'I" I,ll tion WLW
;11.'
cfl!,:.tliV..c..roci;hunWDJ!;
(a)
For rvcull ,
(b)
Initll\tave; lind
R('fc'rl'nc!u m:,
(c)
2.
It
3,
It must provide for till' qualifications, election, appointment and removal, term, salaries, powers and functions
and duties of local offices, and all other matters relating to the organization and operation of local units.
4.
GENERAL SUPERVISION
GOVERNMENTS
OVER LOCAL
262
1987 COSSTITCTIO~_-_-1
1935 CONSTITUTION
. le VII . Section 17
,t\rtlc
executive
contTO
t ellt,. bureart~.
par
111
{i('Cs H't. ,ho/ll'll$urc
lall:s' be faith/vII,'
.
dc~
all
01th o. I h e
d
executed,"
SUPERVISORY
POWER OF The President of the PhilippineTHE PRESIDENT OVER LO shall exercise general superviCAL GOVERNMENTS
sion over local governments.
SUPERVISORY
POWER OF
PROVINCES WITH RESPECT
TO COMPONENT CITIES AND
MUNICIPALITIES
SUPERVISORY
POWER OF
CITIES AND MUNICIPALI,
TIES
TO
COMPONENT
BARANGAYS
LOCALGO\'ERl\'IE~T
SECTION 5.
COMMENTS:
WHAT IS THE SIGNIFICANCE OF SECTION 57
While the prevailing doctrine In thiS jurisdiction 1:- stili to
the effect that municipal corporations do not have the inherent
power to tax, Section 5 confers on municipal corporations 1\ general power: "To levy taxes, fees and charges' subject to (he guide
lines and limitations imposed by Congress.
This means that municipal corporations maj exercise the
said power "to levy taxes, fees and charges" even without a statutory grant provided only that the guidelines and limitations imposed by Congress are complied \I, ith,
WHAT ARE THE SOURCES OF REVENUE OF MUNICIPAL
CORPORATIONS?
Their sources of revenue are (1) Those raised from taxes,
fees and charges. as aforementioned; (2) Internal Revenue Allotments from the National Government; (3) Lease of public utilities; (4) Funds derived from national aid such as the CDF
(Countrywide Development Fund); and (5) Donations.
,
('OV ..:UNMI,;N'I' HflALL HAVE A
L()(~AL
NAI 'f'AXfI'S
.JlJS'!' SIIAHI'; IN NATIO
HI<:C'I'ION fl.
;/R
,hul/
,.
h((I)I'
(J
f (III , ,
",I.i.'.'/ifl" (i, 1,III'(lIIJIII','nlflll'l/
I
,
I I ' /I 1111' 11(1/1111/(1 taxes
tunt IIh,I/.' II', ,It I, /1/1/1/1'"
Iy
1111" I
I"
'/I'hi," [lIlli'" h,' lIulllllllll/l'ull}'
rr'I"(lHI'fIII1II1'1Tl
LOCAL (~OVI':ItNM":N1'S
AnI<: J<;N'fITLEr>
TO AN 1':(~lJl'J'AULJI: SHARE IN NATIONAL
SI<:C'IION 7.
'l'i\XI';S
11/1"11111111"','
"1'1.,'/OPIIII'III
(1/1111'
".'i"('lirm
fl(lll()II((lI/JI'(Illh
unllllll
1111'/1
respec
brnefit. ..
COMMI<:N'I'S:
'I'h IIllltl shur ..9, Njllst HllIl1I'" under Section 6, and "cquttable shuru" undur Sl'l'l iUII 7, shullllC' j(IV('1l In the manner provided
by luw. This meHII>! thut 1111 1'Il11hllllg law 18 necessary
to determine the shun til 1)(' J.(IVIn til tilt' local governments, 10 Jl ia only
fuir and ('qllilllhlt
III j.tIVt 101'111gov('rnrnents
a share In the pro-
8.
of office
of'
h(1I
(18
elected, ..
'''Ht'cllllO 7. Aruel X
an interruplion
lull
in the conti-
he wall
TERM LIMIT
The term limit of I
cannot serve for mc
Hcal IJffi!:iala '
Ire th'!n tl
II! th".,. (T,)
l,.",. "(,
y,1J rli IHIf' thl Y
VoI untu.. nFI"'ut
< y rc'nun,
.
. - IW' tl'rlOs
..8h a II no t h e C()nbld ClatlClIJ(j f lhl' I,rr
.
. Jr
his service for the f (I~(lcl as an intl'rr
fe any I"ngtll ", tlln"
uP
U [firm fCI) WhiC:h 11m In Lh, r1llllillIJIly I"
h" WitS "II.ttl.d."
,.j
Ie:.
THE CIRCUMVENTION
OF THE PROH
Experienct' l:ih
IBITION
local pohtical jj, d IJWS lhut Sc.:clICJn 8 h
h t
1", ea en~ from pc'rpc'l
(Is not uctuully pJIv,nl,d
t e, erm rmit, what they IlIm) UUllngthelnSf'lv,:sin rmw",.AIt,.,
ly
their W1VCHor any of Llwi,. Chil'd do I, to field t.hl) cundiducy ,,'
stop there. After one Or two to r('n The clrcurnv(ntion do('" nul
more, simply beCUUH('th If erm'i, they can run for ol'llC'I' C)llet'
1W
candidates once agoln a id 1 ((JCHnot prohibllthem Irorn bl'IIW
n ic elected
"
With or withuut term li
.
really maucrs iH the (IU I i rmrt, the author believes that. what
n 1 the
y and co.mpl' t ence 0 f t h 0 people who
WI'II e Iect their officialH and
the candidates 01' the om . I IQualllY unci competence 011 well of
and revered by the I)('() I'CIU R c ccted, A public official who ih good
pecan Herve for nil I
th
I
them. It is the bad and corru
ong a". e peop e want
once. They destroy ever htftl 0;e8 who should be weeded out HI
have a better life n id y
e ope a~d dream of the people to
.. I. a prosperous nation .
U
.~he term limit only opens the door to have a mockery of the
The bettor alternative I'S II"or the peop It'e 0 (>xcrCllle
~helr ultimate power to elect freely, and to discipline and remove
If so warranted,
through vigilant mass action and people! POW(>I':
those officials who have abused their trust.
Constitution
,
,
How can the people exercise this power when the public officials complained of have money, power and influence to kill people's initiative?
This question has been raised during the martial law years
but history and experience show that money, power and influence
of a few can be overwhelmed by the more superior force of millions of people whose wishes, after all, are lawful and legitimate.
And when the people have succeeded, the efforts to clean the halls
of government
should not stop there, otherwise, the gains of the
struggle will be short-lived. The experience ~fEdsa People Power
Revolution should guide us and the generatIOns after us.
AD~INISTRATI\,E LAW
266
probably more. The long term solution is the relief If ~ot. total
emancipation, from poverty and want, and t~e key to this 1:- the
education of the people. Those in this generatIOn who arc already
fortunate enough to be recipients of education and weal.th, hs,:e
absolute responsibilities to help in this endeavor. Other\\:I"e, their
education lind wealth are useless, And who knows. their wealth
now mny be overtaken by the forces of poverty. ignorance and
hatred In the vears to come And when chaos and famine erupt
because of widespread poverty, they may no longer enjoy the
bounty they have received because bullets fired from the guns of
those who have lost their reasons and their faith in government
no longer choose the rich or the poor. or the abuser or the abused.
True enough because a hungry man knows no law except the law
of survival.
SECTION 9.
COMMENTS:
Self-explanatory,
SECTION 10.
or
ba~angay may be created, divided, merged, abolished
or Its boundary substantially altered except "
d'
ith h
. .
,n
accor ance WI t e criteria
. established in the Ioca 1 governmen t co d e an d subject to approval b
"
votes cast in a plebiscite in the
a ImaJority of the
affected."
I rcc
units directly
parr
I (I AI a(lV~ hNMI NI
07
COMMENTS:
SIMPLIFICATION:
A province city rn
ated, (2) divided (3)' n unaCIIP8hty, hr harbng 'Y ffiliy
'
lI'rg.,c (4) I
can be substanlJally altered'
a 1(." III II, 1>, (ti) II
1'1
(I)
(111
1'!tIlIIlI.1I
II
UUJl'Cl th
(1)
(2)
e poltllcul
U'lItS dlrl'ctly
nltl'lll'd
abolish,
merge,
118l'
(! Jlc)Wf'r under
Hpdlllil
III (I" 1'11111111,
aller) is suhJI'ct to the "n'H"llf' f Iltltl.IISh. II III I hll
prOVisions of the
are 8S follows:
l.oeal
(~U\("IIIlII"'1
('111111 III
AllMINI
(0'
ItA'TIV
./\\\
Incom
C '(I,('cl, tt
unit concerned:
(b)
Population
(c)
('Ol1lp/WTI(,!'
11'1111the forcgolng indicators IIhall be
at tested to hv the Denartmen: of Finance (I)OF), th Na-
IlIlIIal
fIIC1I1 H'ITClIll
'"1,/
Stu/lstlcs
Natural
O{fiC':1 (N
[)u';lslon and
merger (J{ c!.\lBtlllB 10C'c"gm ernment 1I1111s hall comply
ioith t h same requirements }"'I'c.'111 prcsenbed for their
ereat um ; /'rlJl'lcI~d,
"Qll/CI't'/; 'I'hot such d,UI 1011 shall not
reduce 11/1'i""I1I11I', /l1I/lIi/ot/(lll,
orland orca of the local
gOI/,'r"IIII'1I1111111or II 111 t ('O"I"'"",d (I' 1",,0:than tb mllll.
mlllll
requirements
,"C!lf'fI{),t[
1lI this Code: Prooided,
further; Th at lite jilt (Jill' CiclBSlficcltlOl1 of the original
111('0/ 811I','rllm"111 milt or untts
hall not fall be/ow Its
current income ('[ossIficatIOn prior to such du. 1810n,
-
herein
LOCAL GOVERNMENT
269
e
sanggunLan
concerned, as the case
may be.
The law or ord'
boli
h II
,mance a olishing a local government
~nl s a ~peclf~ the province city municipality,
arangay.wlth which the local gO~'ern';"ent unit sought
to be aboiLshed Will be incorporated or merged."
.t
"Section
10. Pl ebltscue
. Requirement. - No crea'
,
. , ,
tion, dIVISIOn. merger, abolition, or substantial alteration of boundaries of local government units shall take
effect unl.ess approved by a majority of the votes cast in
a plebiseit callecl for the purpose ill the political unit or
units directly affectecl Said plebiscite shall be conducted
by the CommiSSIon on Elections (Comelec) uiitlun one
hundred twenty (120) clays from the date ofeffectLUity of
the law or ordinance effecilllg such action, unless said
law or ordi flOTlce [ixes another date ~
SECTION 11.
"Section 11. The Congress may. by lau: create special metropolitan political subdivisions, subject to a
plebiscite as set forth Ln Section 10 hereof. The component cities and municipolities shall retain their basic
autonomy and shall be entitled to their own Local executines and legislative assemblies. The jurisdiction of the
metropolitan authority that will thereby be created shall
be limited to basic services requiring coordination."
COMMENTS:
POWER AND LIMITATIONS
Section 11 gives Congress the power to create special metropolitan political subdivisions but this power is subject to the following limitations:
1.
AilMINISTRA1
270
2.
3.
IV} loAW
d muniCIpalities
The component clhes an
be entitled
their baaie autonomy and shall
local executives and local as embhes
'tan
shall retain
to thelr own
authority
that will
SECTION 12.
CATEGORY OF CITIES
=:
tH'1'
COMMENTS:
THREE KINDS OF CITIES
(1) Highly-urbanized
determined
cine as-
by lay.
of the
provmee, residents therein
are not quahfied to run for
provmcial po itions.
Being
under
a province,
residents therein cannot be
denied a vote in the election
of provincial officials
LOCAL GOVERNMENT
SECTION
13.
271
AU1'HO
UNITS T~ITY OF LOCAL GOVERNMENT
DINATE THGROUPTOGETHER AND COOREIREFFORTS
r~
SECTION
14.
"Section 14. The President shall prouide for regional cleuelopment coulLcils or other similar bodies composed of local gouern men t officials, regional heads of departments and other gouernment offices, and representatiues from 11011 gouernmental organizations unthin the
regions for purposes of dministrouoe decentralization
to strengthen the autonomy of the units therein and to
accelerate the economic and social growth and development of the units III the region."
COMMENTS:
There are two powers referred to in Section 14, and they are
the powers of the President: (1) to provide for regional development councils, and (2) to provide for other similar bodies composed of:
(a)
(b)
(c)
Thl::; PO" er
1:;
"
poses:
l.
Tu attain adnuui
-.
To strengthen
')
'1\.
1H'("('I"r
tht'
,It t h.
1I1I1,'lhllll\
ststing
1111
"1,1
.,',
,1"'1,'111
I"!,hlll
III
1111.
""'"
,,"1'
Ilh,"
.1
"I,llhllllll
I'
II tI'rIll 1)1
111l1I"
ollllllUlllllllltl
ot prollllC.
s, rltlt
x, 11111111
/111/./'1
00111111011
!I,
I fill
1111.1 J110
cal and cultural heritug, , (,(11101111, {I lit I Sf" ia! :;(1 lI. 1/111','1.
alld other releuant (,'lOrort.'n~II'., 1I'.lhi" tllI/II,,/I.'II1I1 A
ofth;:; GOll:<titulwlI tuu! tlll'/lo/,.'lwl
s'II','n'I~IIl\' cIS11'1'11
as territorial .lIt''8,,1\ of till' UtJlIIM.c (lfthc."I"I,/ljlill,'s,"
COMMENTS:
TWO AUTONOMOUS
REGIONS
Mindanao
SECTION 16.
COMMENTS:
Section 16 specifically provides that the President's power
over autonomous regions is only one of "general supervision" and
not of control.
SECTIONS
"Section 17. All powers. [unctions, and responsibilities 1101 granted by tJIIS Constitution or by law to the
autonomous regioTlllshali be uested LIt the National Gooernment. "
J"l' tlu:
111"11
.111.1
"S Ie i"truelUfl'
,. '('lIlin'o{ gm'erndepart(1,
""l/r'~
Il'Ilh
p,'r.~"'1fl ./111111 y,
initlt 'h,'
111'" ('tlIIS/SI"II(
aitution
all(
pnIl'/S;OIlS
(I{lllI.~
(lIIillll,'IIItlllS
Ollli
elf tilt'
'
umcn
flJll'r!1l'l'd b\ "HIJ(l1'IIY
th "IIII,.lillll'1I1 units III ~ ]llchiscill~
1'111'1
'
l'".~I'.J/I'lII'ld,'d I IlUI ()II I \'!""lI'IIIt'1',-,
I'IlId,'d
III
th
'"
(I II 1011OIlIllIlS
1 I . itct 'shall
be
ITI'
"
SIMPLIFICATION
The POWt'I'S granted to uutonomous regions are enumerated
by law, If they nrc not included in the enumeration, they remain
vested in the national government.
In order to realize the establishment of the autonomous regions, Congress is mandated by Section 19 to pass the organic
acts for each of the autonomous regions within eighteen (18)
months from the time of the organization of the First Congress.
Now, two organic acts have already been approved by Congross, one creating the Autonomous Region in Muslim Mindanao
and the other, the Cordillera Autonomous Region.
After the approval of the said organic acts, the said autonomous regions are created only when the said organic acts were
ratified by a majority of the votes cast by the constituent units in
a plebiscite for that purpose.
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pourers
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(1)
Admiruetratroe
organtzatron
(2)
(3)
(4)
(.5)
(6)
Economtc,
(7)
Educational
policies;
(8)
Preservation
itage; and
and development
(9)
deoolopment;
deoelopment
of the cultural
her-
276
COMMJo:NTS:
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(,OMMENT~:
There are three (3) problems Il1I'nIlIlIlPd 11\ ~I'IIIIIII ~ I, I h1l8'
(1 ) Pro sc rv atron of PCClCC (I nd order '" It hill I hi' J't'g IIII1~: 121 I hti"IH'
of the region and (3) ccunl) of t he T<'gwns,
RESPOI'li'SIBII.ITY
OF LOCAL POLlet-:
AGENCIES
Rt-:SPONSItUI.I'I'Y OF I'IiF
NATIONAl. (~OVt-:HNl\tFN'1
Internal
Ordinary