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LAWAtty. RYAN REY S. QUILALAADMINISTRATIVE LAWS, LAW ON PUBLIC OFFICERS & THE LOCAL GOVERNMENT CODE(2013 Bar Exams)May the FORCE be with you!

I listen and I forget. I see and I remember. I do and I understand!

LAWRYANs BAR PICK-UP LINES TO REFER TO A RULE:In this jurisdiction, our settled rule is ---The established rule is that ---It is elementary in (_________) that ---In resolving the case at the bench, the undersigned respectfully refer to the well-entrenched doctrine ---TO REFER TO A PROVISION OF LAW:On this point, the law provides ---A reading of [cite law] immediately shows that ---It is the rule that under the (*law) ---Squarely in point is (*cite law) ---LAWRYANs BAR PICK-UP LINES TO INTERPRET A RULE:The rule would have been different if ---A cursory reading of said rule reveals that ---The plain import of this clause is that ---There is nothing in this clause which indicates that ---These provision have no relevance to this case ---

TO REFER TO JURISPRUDENCE:Jurisprudence is replete with the rule that ---Time and again the Supreme Court have stressed that ---The High Court have repeatedly ruled that ---It is a well entrenched jurisprudential rule that ---Consistent with the decisions of the Supreme Court,---In a long-line of cases, the Supreme Court have consistently held that ---Well-settled is the rule in our jurisdiction that ---In several notables decisions by the Supreme Court ---As the Supreme Court have pronounced in the case of [*ONLY if 100% sure] ---

LAWRYANs BAR PICK-UP LINES TO CITE EXCEPTIONS:But there are settled exceptions to this general rule, such as when ---This rule admits of certain exceptions, which the undersigned finds absent/present in this case, to wit:TO CONCLUDE:Accordingly/ It follows then that ---It is beyond dispute that ---In light/ view of the foregoing, it is inarguable that ---Based on the foregoing, the examinee respectfully hold that ---Be that is it may, it is respectfully submitted that ---LAWRYANs BAR PICK-UP LINES TO REFER TO THE CONSTITUTION IN CASE OF EMERGENCY(*The right of the accused) cannot imprudently be undermined for it is constitutionally enshrined.TO DEFINE THE UNDEFINABLE:Although the term eludes exact definition, (*public trust) may be defined as ---LAWRYANs BAR WINGMAN LINES 1.Use simple language. AVOID FANCY, LONG AND NEEDLESS WORDS. Even Latin phrases!!! Use LEGALESE but avoid LAWYERISMAvoid redundant words and wordinessNull and void; force and effect; true and correct; full and complete; convey, transfer and set over; naked and bold; nooks and crannies; simply stated; needless to state, etc.From at this point in time to now;From due to the fact that to since4.Use ACTIVE voicePASSIVE: The victim was killed by the accused.ACTIVE: The accused killed the victim. 5.Think like a lawyer. Answer and write like a lawyer. LAWPHILIPPINE ADMINISTRATIVE LAWSIt is that part of the law which governs the organization, functions and procedures of administrative agencies of the government to which quasi-legislative powers are delegated and quasi-judicial powers are granted, and the extent and manner to which such agencies are subject to control the courts.LAWSCOPE OF ADMINISTRATIVE LAW:The law which fixes the administrative organization and structure of the government;The law, the execution and enforcement of which is entrusted to administrative authorities;The law which governs public officers, their competencies, rights, duties, liabilities, elections, etc.;The law which creates administrative agencies, defines their powers and functions, prescribes their procedures including the adjudication and settlement of contested matters involving private interests;LAWSCOPE OF ADMINISTRATIVE LAW:The law which provides remedies administrative or judicial, to those aggrieved by administrative acts or decisions;The law which governs judicial review of or relief against administrative acts or decisions;The rules, regulations, orders and decisions made by administrative authorities dealing with the interpretation and enforcement of the laws entrusted to their administration; and,The body of judicial decisions and doctrines dealing with any of the above.

LAWSOURCES OF ADMINISTRATIVE LAWConstitutionStatutesJudicial decisionsRules, regulations, orders, proclamationsCONCERNSProtection of private rightsDelegated powers and combined powers

LAWAdministrative LawLays down the rules which shall guide the officers of the administration in their actions as agents of the government.versusInternational LawCannot be regarded as binding upon the officers of any government considered in their relation to their own government except in so far as it has been adopted into the administrative law of the state.

DISTINCTIONSLAWAdmin LawGives and carries out plan in its minutest details;Treats the rights of the individual from the standpoint of the powers of the government employees on the powers of government and duties of the citizen.versusConstitutional LawPrescribes the general plan or framework of the government organization.Treats of the rights of the individual; lays stress upon rights

DISTINCTIONS

LAWPRINCIPAL SUBDIVISIONSLAW OF INTERNAL ADMINISTRATIONlegal relation between government and its administrative officers;legal relation that one administrative officer/organ bears to another;

It considers the legal aspects of public administration in its institutional side.LAW OF EXTERNAL ADMINISTRATIONlegal relation between Administrative authorities and private interests.

LAWCLASSIFICATIONS OF DIFFERENT ADMINISTRATIVE LAWSAs to source:Law that controls administrative authorities.Law made by administrative authorities.

As to purpose:Adjective or procedural administrative lawSubstantive administrative law

As to applicability:General administrative lawSpecial or particular administrative law

LAWAdministrative ProcessIt is the whole of the series of acts an administrative agency whereby the legislative delegation of a function is made effectual in particular situations. It embraces matters concerning the procedure in the disposition of both routine and contested matters, and the matter in which determinations are made, enforced and reviewed.

LAWCriticisms against Administrative ActionsTendency towards arbitrariness;Lack of legal knowledge and aptitude in sound judicial technique;Susceptibility to political bias or pressure often brought by uncertainty of tenure;A disregard of safeguards that insure full and fair hearing;Absence of standard rules of procedure suitable to the activities of each agency;A dangerous combination of legislative, executive and judicial functions.

LAWRole of CourtsTo accommodate the administrative process into the traditional judicial systems;

To accommodate the private rights and public interests in the powers reposed in administrative agencies;

To reconcile in the field of administrative action, democratic safeguards and standards of fair play with the effective conduct of government.

LAWPowers to be exercised by Administrative Agencies:

Express vs. Implied Only such powers as are expressly granted to it by law. It is likewise a settled rule that an administrative agency has also such powers as are necessarily implied in the exercise of its express powers.

LAWADMINISTRATIVE POWERS

Quasi-legislativeQuasi-Judicial

DeterminativeLAWQuasi-legislative Power of Subordinate Legislation; permits the body to promulgate rules intended to carry out the provisions of particular laws.Quasi-judicialPower of Adjudication/ Power of investigation; enables the administrative body to resolve, in a manner essentially judicial, factual and sometimes even legal questions to its primary power of enforcement of the law.

DISTINCTIONSLAWTypes of Administrative Bodies:

Those set up:-to offer some gratuity, grant or special privileges (Philippine Veterans Administration)-to carry on certain the actual business of government (Bureau of Customs)-to perform some business service for the public (Bureau of Post)-to regulate the business affected with public interest (LTFRB)-to regulate private business and individuals under the police power (SEC)-to adjust individual controversies because of some strong social policy involved (NLRC)-to make the government a private party (GSIS)LAWAgency vs. Instrumentality:An agency of the government refers to any of the various units of the government, including a department, bureau, office, instrumentality or government owned or controlled corporation, or a local government or a distinct bureau therein. (Section 2(4), Introductory Provisions, Administrative Code of 1987) An instrumentality of the government refers to any agency of the national government, not integrated within the department framework, vested with special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies, chartered institutions, and government owned or controlled corporation. (Section 3(10), Introductory Provisions, Administrative Code of 1987)LAW2005 Bar Exams

Question No. VII (2)Q: State with reasons which of the following is government agency or government instrumentality:a.) Department of Public Works and Highwaysb.) Bangko Sentral ng Pilipinasc.) Philippine Ports Authorityd.) Land Transportation Officee.) Land Bank of the PhilippinesLAWI. Quasi- legislative power

The authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out the provisions of the law and implement legislative policy. It possessed the same legal force and perhaps with even more efficiency than the statutes they are supposed to implement.This is also known as the POWER OF SUBORDINATE LEGISLATION.

LAWAdministrative Rule

Agency statement of general applicability that 1.) implements or interprets a law, 2.) fixes and describes the procedures in or practice requirements of an agency, including its regulations.Rule Making

An agency process for the formulation, amendments, or repeal of a rule.SOURCE [LEGISLATURE through a VALID DELEGATION.]

LAW84. Which one of the enumeration below does not come under the Administrative Code definition of a Rule:agency statement of general applicability that implements or interprets a law;fixes and describes the procedures in or practice requirements of an agency;includes memoranda and statements concerning internal administration;an agency process for the formulation of a final order.

2012 MCQ Bar ExamsLAWTESTS OF VALID DELEGATION

SUFFICIENT STANDARD TEST.There must be adequate guideline or limitations in the law to map out the boundaries of the delegate authority and prevent the delegation from running riot.

COMPLETENESS TESTA Statute must be complete in itself so that by appropriate judicial review and control, any action taken pursuant to delegated authority may be kept within the defined limits of the authority conferred.

LAWII. Quasi-judicial powerHas been defined as the administrative authorities to make determinations of facts in the performance of their official duties and to apply the law as they construe it to the facts so found.Reason for the exercise of Quasi-judicial power:Even if not judges, administrative officers can interpret and apply the law to the facts as ascertained by them because this function is necessary to the discharge of their primary function of regulation.

LAWSOURCE OF QUASI-JUDICIAL POWERIt is INCIDENTAL to the POWER OF REGULATION rested in the administrative body but is often EXPRESSLY CONFERRED by the legislative through specific provisions in the charter of agency.The power is needed to enable the administrative officers is perform their executive functions.

LAW85. Under the Administrative Code, adjudication means:a. whole or any part of any agency permit, certificate, or other form of permission or regulation of the exercise of a right or privilege;b. an agency process for the formulation of a final order;c. agency process for the formulation, amendment, or repeal of a rule;d. an agency process involving the grant, renewal, denial, revocation or conditioning of a license.2012 MCQ Bar ExamsLAWIII. DETERMINATIVE POWERS

ENABLING POWERSThose that permit the doing of an act which the law undertakes to regulate and which would be unlawful without government approval.Ex. Issuance of licensesDIRECTING POWERSOrder the doing or performance of particular acts to ensure compliance with the law and are often exercised for corrective purposes.Ex. Power of assessment of BIR

LAWDispensing PowersAllows the administrative agency to relax the operation of law or exempt from the performance of a general duty.Examining PowersEnables it to inspect the records, premises, and investigate the activities of persons, or entities, coming under its jurisdiction.Summary PowersThose involving the use by administrative agencies of force upon persons or things without the necessity of previous judicial warrant.

DETERMINATIVE POWERSLAWEXERCISE OF POWERDISCRETIONARYThe exercise of administrative power is discretionary, especially as they involve the interpretation or construction and enforcement of the law and the appreciation of factual questions that may be submitted to it for resolution.MINISTERIALThe administrative officer performs a mechanical act that requires no judgment or discretion for its exercise.

LAWDOCTRINE OF SEPARATION OF POWERSGovernmental Power

Legislative The power to Make or Enact laws.

ExecutiveThe power to Enforce the law.

JudiciaryThe power to Interpret or Apply the law.

LAWMEANING OF THE DOCTRINEThe doctrine declares that governmental powers are divided among the three branches of government and broadly operates to confide legislative powers to the legislative, executive powers to the executive departments, and judicial powers to the judiciary, - precluding one branch of the government from exercising or invading the power of another.The power assigned to one department should not be exercised by either of the other departments, and that no department ought to possess, directly or indirectly, an overruling influence or control over the others.Exception to the Doctrine:Checks and balancesBlending of powers

LAWDoctrine of NON-DELEGATION OF POWERSBASIS: Potestas delegata non delegariwhat has been delegated, cannot be further delegatedPRINCIPLE: A delegated power constitutes not only a right but a duty to be performed by the delegate by the intermediately of his own judgment and not through the intervening mind of another. A further delegation of such power would constitute a negation of the duty in violation of the trust reposed in the delegate mandated to discharge it directly.

LAWRationale of the DOCTRINEDelegation to administrative agenciesThe constitution itself allows a certain degree of mixture of the three governmental powers in administrative agencies. The fact remains that certain administrative agencies exercise quasi-legislative and quasi-judicial powers.Necessity for delegationDetails and questions beyond the capacity of the legislative to determine.

These are matters which the legislature is incapable of providing or defining a multitude of details. These are questions which are beyond determination by the legislature and which must necessarily be left to the determination of executive or administrative agencies.Matters requiring some/more specialized knowledge and exercise possessed by administrative agencies.

Administrative agencies specialized in their respective fields can deal with problems or contingencies with more expertise, efficiency and dispatch.

LAWDoctrine of Non-DelegationDelegation is permitted in many instances- The principle of non-delegation of powers is applicable to all the three major powers of the government but is essentially important in the case of the legislative power because of the many instances when its delegation is permitted.Reasons for the delegation- The increasing complexity of the task of government;- The growing inability of the legislative to cope directly with the myriad problems demanding its attention;- Specialization has become necessary;- The legislature may not have the competence to provide the required direct and efficacious, specific solutions.Power of subordinate administrative agencies - It is the power of the national legislature to entrust to the administrative agencies the authority to issue rules to carry out the general provisions of the statute.

LAWRULES: Delegation to Administrative AgenciesAdministrative agencies do not possess legislative or judicial power in the strict sense, and such power may not be delegated to them, except where otherwise provided by the Constitution.Purely Legislative Power- NON-DELEGATED.It must be solely exercised by the legislature, and cannot be delegated. Mere incidental powers would not suffice.Delegation of power to make the law vs. Delegation of authority or discretion as to execution of the law.The legislature may not delegate the determination of what the law shall be, to whom it may be applied, or what acts are necessary to effectuate the law.What can be delegated is the discretion to determine how the law may be enforced, not what the law shall be.

LAWFact-finding Power.Fact-finding power may be confused for putting into effect, suspending or applying the law. But where delegation to a fact-finding body which constitute the fact, the delegation is invalid.Power of Subordinated Legislation.The agency may be authorized to fill up the details in promoting the purposes of the legislation and carrying it to effect.SUFFICIENT STANDARD TEST.There must be adequate guideline or limitations in the law to map out the boundaries of the delegate authority and prevent the delegation from running riot.

LAWSUFFICIENCY OF STANDARDSFactors affecting administrative Agencies exercise of discretion:Depends upon the Nature of the power exercised.Nature of the right restricted by the power/within proper regulation or control requires the resting of such discretion.Personal judgment by the administrative agency is not sufficient standard.

LAWNo hard and fast rule limiting the exercise of delegated authority.Delegation of a rate-fixing powerIt must be reasonable and justCOMPLETENESS TESTA Statute must be complete in itself so that by appropriate judicial review and control, any action taken pursuant to delegated authority may be kept within the defined limits of the authority conferred.

LAWRESTRICTION ON GRANT OF JUDICIAL POWERRULE:It is recognized that some judicial powers may be conferred upon and exercised by administrative agencies without violating constitutional provisions inhibiting the delegation of judicial power. However, the judicial power that may be exercised by administrative agencies is a restricted one, limited to what is INCIDENTAL and REASONABLY NECESSARY to the proper and efficient administration of the statutes that are committed to them for administration.

LAWEXCEPTIONS TO THE RULE REQUIRING STANDARDSThe following are instances in which uncontrolled discretion may be rested on administrative agencies:In the handling of state property or funds;

A power which is not directly or exclusively a legislative one, in the exercise of which, the state is supreme and may act at its pleasure, and which has no relation whatsoever to personal or property rights, may be delegated without any standard to guide its exercise;

In a field which is purely administrative, that is, in regard to a matter of internal administration, standards may be deemed necessary;

The power of the Board to make recommendations which bind no one has held administrative and met legislative, so that the absence of standards was immaterial;

LAWEXCEPTIONS TO THE RULE REQUIRING STANDARDSWhere the act relates to administration of a police regulation and is necessary to protect the general welfare, morals and safety of the public.

In matters which are in the nature of privilege as to the using of property, the engaging in occupations, or the committing of acts which might well be forbidden altogether, but which under certain conditions may be harmless or well-managed;

Where it is impracticable to lay down a definite comprehensive rule such as where the regulations turns upon the question of personal fitness.

LAWSEC.23, Art. VI

In times of war or other national emergency, the Congress may, by the law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the congress, such powers shall cease upon the next adjournment thereof.

PERMISSIBLE DELEGATION OF LEGISLATIVE POWER(under the Constitution)LAWSEC.32, Art. VIThe Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any acts or law or part thereof passed by the congress or local legislative body after the legislation of a petition therefor, signed by at least 10 per centum of the total number of registered voters, of which every legislative district must be represented by at least 3 % of the registered voters thereof.

PERMISSIBLE DELEGATION OF LEGISLATIVE POWER(under the Constitution)

LAWSEC.28, Art. VI

The Congress may, by the law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonage and wharfage dues, and other duties or imposts within the framework of the national development program of the government.

PERMISSIBLE DELEGATION OF LEGISLATIVE POWER(under the Constitution)

LAWSEC.3, Art. X

The Congress shall enact a local government code, which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum.

PERMISSIBLE DELEGATION OF LEGISLATIVE POWER(under the Constitution)

LAWSEC. 5, Art. X

Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges, subject to such guideline and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and, charges shall accrue exclusively to the local governments.

PERMISSIBLE DELEGATION OF LEGISLATIVE POWER(under the Constitution)

LAWPURPOSE

It is intended to enable the administrative body to implement the policy of the law and to provide for the more effective enforcement of its provisions.

QUASI-LEGISLATIVE POWERS

LAWKINDS of ADMINISTRATIVE REGULATIONSLEGISLATIVE rules or regulations are accorded by the court or by express provisions of statute, the force and effect of law immediately upon going into effect.In such instance, the administrative agency acts in a legislative capacity. LEGISLATIVE RULES are in the nature of SUBORDINATE LEGISLATION, intended to implement the policy of a primary legislation. INTERPRETATIVE regulations are those which purpose to do no more than interpret the statute being administered, to say it means.It is issued by administrative body, as an incident of its power to enforce the law and is intended merely to clarify its provision for observance with the legislative will.

LAWClassification of LEGISLATIVE REGULATIONSUPPLEMENTARY REGULATIONIntended to fill in the details of the law and to make explicit what is only general. Its purpose is to enlarge upon statute, subject only to the standards fixed therein, to ensure its effectivity in accordance with the legislative will.CONTIGENT REGULATIONIt is issued upon the happening of a contingency administrative agency is allowed to ascertain the existence of particular contingencies and on the basis thereof enforce or suspend the operation of a law.

LAWREQUISITES: Valid Administrative Regulation

Its promulgation must be authorized by the legislature;

It must be within the scope of the authority given by the legislature;

It must be promulgated in accordance with the prescribed procedure; and;

It must be reasonable.

LAWPENAL REGULATION

Rule: The power to define and punish crime is EXCLUSIVELY LEGISLATIVE and may not be delegated to the administrative authorities. While administrative regulations may have the force and effect of laws, their violation cannot give rise to criminal prosecution unless the legislature makes such violation punishable and imposes the corresponding sanctions.

LAWSpecial Requisites: VALID ADMINISTRATIVE REGULATION WITH A PENAL SANCTION:

The law itself must make violation of the administrative regulation punishable;

The law itself must impose and specify the penalty for the violation of the regulation; and;

The regulation must be published.

LAWCONSTRUCTION AND INTERPRETATIONThe same rules on the construction and interpretation of statutes are applied to administrative regulations, with the specific requirement that the regulation should be read in harmony with the statute and not in violation of the authority conferred on the administrative authorities.ENFORCEMENTAdministrative decisions may be enforced by:Judicial action;Through sanctions that the statute itself ma allow to be imposed; and;Institution of criminal suits.

AMENDMENT or REPEALAdministrative regulation may be amended or repealed by the authorities who made / promulgated them or by the legislature through a law enacted for that purpose.

LAWRULE ON PUBLICATION:

Administrative rules and regulations the purpose of which is to enforce or implement an existing law pursuant to a valid delegation must be published in the Official Gazette or in a newspaper of general circulation, except interpretative regulations and those merely internal in nature, (i.e. Regulating only the personnel of the administrative agency, not the general public)Interpretative rules and regulations, or those merely internal in nature, or the so-called letters of instructions issued by administrative superiors concerning the rules and guidelines to be followed by their subordinates in the performance of their duties, may be simply posted in conspicuous places in the agency itself. Such posting already complies with the publication requirement.LAW2011 MCQ Bar Exam 18. An administrative rule that fixes rates is valid only when the proposed rates areA. published and filed with the UP Law Center.B. published and hearings are conducted.C. published and posted in three public places.D. published and all stakeholders are personally notified.LAWThe power of the administrative agencies to determine questions of facts (when the doubt arise as to the truth of falsehood of alleged fact)to which the legislative policy is to apply in accordance with the standards laid down but the law itself.When is it exercised?Administrative body exercise the quasi-judicial power when it performs in judicial manner an act which is essentially of an executive or administrative nature, where the power to act in such a manner is incidental to or reasonably necessary for the performance of the executive or administrative duty entrusted to it.

QUASI-JUDICIAL POWER

LAWPower of AdjudicationIt is a process undertaken by an administrative agency for the formulation of a final order.Quasi-judicial functionThe term that applies to the actions or direction of public officers or administrative bodies, that are required to investigate facts, or ascertain the facts, hold hearings and draw conclusions from them, as a basis for their official action and to exercise discretion of a judicial nature.

LAWREQUISITES OF QUASI-JUDICIAL POWERJurisdiction must be properly acquired by the administrative body;

Due process must be observed in conducting administrative proceedings.

LAWJURISDICTION

Jurisdiction is the competence of an office or body to act on a given or decide a certain question.It is the LEGISLATURE that has the power to confer jurisdiction upon the administrative body and to limit or expand its authority.Settled is the rule that a tribunal, board or officer exercising judicial functions acts without jurisdiction if no authority has been conferred by law to hear and decide the case. Absence, any decision made is NULL and VOID AB INITIO.It is a well-settled principle in administrative law that unless expressly empowered, administrative agencies are BEREFT of QUASI-JUDICIAL POWERS.

LAWRULES OF PROCEDUREWhere an administrative body is expressly granted the power of adjudication, it is deemed also vested with the implied power to prescribe the rules to be observed in the conduct of proceedings.REQUISITESWhere the statute does not require any particular method of procedure to be followed by an administrative agency, the agency MAY ADOPT ANY REASONABLE METHOD TO CARRY OUT ITS FUNCTIONS.Rules must not violate fundamental rights to encroach upon constitutional prerogatives, the rule making power of the Supreme Court.

LAWCONSTRUCTION / INTERPRETATION

Administrative rules of procedures SHOULD BE LIBERALLY CONSTRUCTED in order to promote their object and to assist the parties in obtaining just and speedy and inexpensive determination of their respective claims and defenses.LAWSUBPOENA POWERGENERAL RULE: the power to issue subpoena ad testificandum and subpoena duces tecum IS NOT INHERENT in administrative bodies. It is settled that these bodies may summon witnesses and require the production of evidence only when DULY ALLOWED BY LAW, and ALWAYS only IN CONNECTION WITH THE MATTER THEY ARE AUTHORIZED TO INVESTIGATE.The fact that an administrative agency has been authorized to conduct an investigation does not necessary mean it can also summon witnesses and take testimony in the absence of a clear grant of this power from the legislature.

LAWPower to InvestigateMeans to EXAMINE, EXPLORE, INQUIRE or PROBE into to conduct an official inquiry.Power to AdjudicateMeans to adjudge, arbitrate, tp settle finally the rights and duties of the parties.

LAWCONTEMPT POWERThe power to punish for contempt is essentially judicial and cannot be claimed as an inherent right by the administrative body. To be validly exercised, IT MUST BE EXPRESSLY CONFERRED UPON THE BODY and, additionally, MUST BE USED ONLY IN CONNECTION WITH ITS QUASI-JUDICIAL as distinguished from its purely administrative or routinary functions.Where a subpoena of the administrative body disregarded, the person summoned may not directly be disciplined by that body to seek the assistance of the courts of justice for the enforcement of its order.

LAWNOTICE AND HEARINGSThe right to notice and hearing is essential to due process and its non-observance will as a rule, invalidate the administrative proceedings.The ESSENCE of DUE PROCESS in administrative proceedings is the opportunity to explain ones side or a chance to seek reconsideration of the action or ruling complained of.EXCEPTIONS:Extreme urgency of immediate actionTentativeness of the administrative actionThe fact that the right had been previously offered but not claimed.

LAW2006 Bar ExamsQuestion No. V (4)Q: What is a quasi-judicial body or agency?A: A Quasi-judicial body or agency is an administrative body with the power to hear, determine or ascertain facts and decide rights, duties and obligations of the parties by the application of rules to the ascertained facts. By this power, quasi-judicial agencies are enabled to interpret and apply implementing rules and regulations promulgated by them and laws entrusted to their administration.

LAWADMINISTRATIVE DUE PROCESSRIGHT TO A HEARING which includes the right of the party interested or affected to present his own case and submit evidence in support thereof;

The TRIBUNAL MUST CONSIDER THE EVIDENCE. Must base its decision on the evidence presented. Evidence must not be disregarded.While the duty to deliberate does not impose the obligation to decide right, it does not impose the obligation to decide right, it does imply a necessity which cannot be disregarded, namely, that of having something to support its decision.

The evidence must be substantial.

The decision must be rendered on the evidence presented at the hearing or at least contained in the record and disclosed to the parties affected.

LAWMATTERS INVOLVED IN QUASI-JUDICIAL PROCESS:

Taking and evaluation of evidence

Determining facts based on the evidence presented

Rendering an order or decision supported by the facts

LAW2011 MCQ Bar Exams

77. Procedural due process in administrative proceedingsA. requires the tribunal to consider the evidence presented.B. allows the losing party to file a motion for reconsideration.C. requires hearing the parties on oral argument.D. permits the parties to file memoranda.LAWRES JUDICATA GENERAL RULE: An administrative decision is NOT CONSIDERED RES JUDICATA so as to preclude its subsequent reconsideration or revocation. It is a continuing process.LAWRES JUDICATA NEW RULE: It is now settled in our jurisprudence that the decisions and orders of the administrative agencies, rendered pursuant to their quasi-judicial authority, have upon their finality, the force and binding effect of a final judgment within the purview of the DOCTRINE OF RES JUDICATA. The principle of res judicata applies as well to the judicial and quasi-judicial acts of public, executive or administrative offices and board acting within their jurisdiction as to the boards acting within their jurisdiction as to the judgments of courts having general judicial powers.BASIS: It is grounded on fundamental considerations of public policy and sound practice that, at the risk of occasional error, the judgment of courts and award of quasi-judicial agencies must become final at some definite date fixed by law.

LAWPrinciple of Res Judicata

It applies only to judicial or quasi-judicial proceedings and not to the exercise of administrative powers; and,

Neither does the doctrine apply to judgment based on prohibited or null contracts.

LAWEXHAUSTION OF ADMINISTRATIVE REMEDIESNo judicial recourse can be made until all such remedies have been availed of and exhausted.

Also known as: Doctrine of Prior Resort/Doctrine of Finality of Administrative Action

REASONS:Resorts to courts may be unnecessaryChance to correct itselfPrinciple of comity and convenienceSpecial Civil Action will not prosper if there is another SPEEDY, PLAIN, and ADEQUATE remedy availableLAWEXCEPTIONS:

(1) When the question raised is purely legal (see Municipality of La Trinidad v. CFI Baguio, 123 SCRA 81) (2) When the administrative body is in estoppel (Tan v. Veterans Backpay Commission, 105 PHIL 377)(3) When the act complained of is patently illegal (Mangubat v. Osmena, 105 PHIL 1308)(4) When there is urgent need for judicial intervention (Alzate v. Aldana, 154 SCRA 377)LAWEXCEPTIONS:

(5) When the claim involved is small (Cipriano v. Marcelino, 43 SCRA 291) (6) When irreparable damage will be suffered (De Lara v. Cloribel, 14 SCRA 269)(7) When there is no other plain, speedy and adequate remedy (National Development Co. v. Collector of Customs, 9 SCRA 429)(8) When strong public interest is involved (Arrow Transportation Corporation v. Board of Transportation, 63 SCRA 193)LAWEXCEPTIONS:

(9) When the subject of the controversy is private land (Tiangco v. Lauchang, 9 SCRA 125)(10) In quo warranto proceedings (Corpus v. Cuaderno, 4 SCRA 749)(11) The party was denied due process (Paat v. Court of Appeals, 266 SCRA 167)(12) The decision is that of a Department Secretary (Nazareno v. CA, GR No. 131641, February 23, 2000)LAWEXCEPTIONS:

(13) Resort to administrative remedies would be futile (UP Board of Regents v. Rasul, 200 SCRA 685)(14) There is unreasonable delay (Republic v. Sandiganbayan, 301 SCRA 237 [1997])(15) The action involves recovery of physical possession of public land (Gabrito v. CA, 167 SCRA 771)(16) The party is poor (Sabello v. DECS, 180 SCRA 623)LAW2001 Bar ExamsQuestion No. XIVQ: Give two (2) requisites for the judicial review of administrative decision/actions, that is, when is an administrative action ripe for judicial review?A: The following are the conditions for ripeness for judicial review of an administrative action:The Administrative action has already been fully completed and, therefore, is a final agency action; andAll administrative remedies have been exhausted. LAW2000 Question No. XIII.

Q: (a)Explain the doctrine of exhaustion of administrative remedies.A: (a) The doctrine of Exhaustion of administrative remedies means that when an adequate remedy is available within the executive Department, a litigant must first exhaust this remedy before he can resort to the courts. The purpose of the doctrine is to enable the administrative agencies to correct themselves if they have committed an error. LAW2000 Question No. XIII.

Q: (b) Give at least three (3) exceptions to its applicationA: (b) The following are the exceptions to the application of the doctrine of exhaustion of administrative remedies:-The question involved is purely legal;-The administrative body is in estoppel;-The act complained of is patently illegal;-There is an urgent need for judicial intervention;-The claim involved is small;-Grave and irreparable injury will be suffered-There is no other plain, speedy and adequate remedy;-Strong public interest in involved;-The subject of the controversy is private law;-The case involves a quo warranto proceeding (Sunville Timber Products Inc. vs. Abad, 206 SCRA 482 (1992))LAW

LAWLAW ON PUBLIC OFFICERSPublic Office - The right, authority or duty, created and conferred by law by which a given period, either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some sovereign power of government to be exercised by him for the benefit of the public.De Facto Officers One who has the reputation of being the officer that he assumes to be, and yet is not a good officer in the point of law. His acts are valid, binding and with full legal effect.LAWPUBLIC OFFICERSPUBLIC OFFICER UNDER The Revised Penal CodePUBLIC OFFICER UNDER RA 3019ART. 203. Any person who, by direct provision of law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, or shall perform in said Government or any of its branches, public duties as an employee, agent or subordinate official, of any rank or class, shall be deemed a public officer.Sec. 2. Elective and appointive officials and employees, permanent or temporary, whether in the classified, unclassified or exempt service, receiving compensation, even nominal, from the government.LAW Modes of Acquiring Title to Public Office

I.Appointment.1. Definition of terms.a) Appointment: the selection, by the authority vested with the power, of an individual who is to perform the functions of a given office.b) Commission: the written evidence of the appointment.c) Designation: the imposition of additional duties, usually by law, on a person already in public service.

II.Election. By popular vote or by the will of the people

LAWModes and Kinds of Appointment

1.) Permanent and Temporary. A permanent appointment is extended to a person possessing the requisite qualifications, including the eligibility required, for the position, and thus protected by the constitutional guaranty of security of tenure. A temporary appointment is an acting appointment; it is extended to one who may not possess the requisite qualifications or eligibility required by law for the positions, and is revocable at will, without the necessity of just cause or a valid investigation.

LAWModes and Kinds of Appointment

2.) Regular and Ad-interim. A regular appointment is one made by the President while Congress is in session after the nomination in confirmed by the Commission on Appointments, and continues until the end of the term. An ad-interim appointment is one made while Congress is not in session, before confirmation by the Commission on Appointments, is immediately effective and ceases to be valid if disapproved or by-passed by the Commission on Appointments upon the next adjournment of Congress.

LAW2011 MCQ Bar Exam

9. An appointment held at the pleasure of the appointing powerA. essentially temporary in nature.B. requires special qualifications of the appointee.C. requires justifiable reason for its termination.D. is co-extensive with the term of the public officer who appointed him.LAWEligibility and Qualification Requirements

General disqualifications under the Constitution. a) [Sec. 6, Art. IX-B]. Section 6. No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government or any Government-owned or controlled corporations or in any of their subsidiaries.

b) [Sec. 7, Art. IX-B]. Section 7. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including Government-owned or controlled corporations or their subsidiaries.

LAWSpecific disqualifications under the Constitution.

a) EXECUTIVE. [Sec. 13, Art. VII]. Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not, during his tenure, be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.

LAWb) LEGISLATIVE. [Sec. 13, Art. VI]. Section 13. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.

Specific disqualifications under the Constitution.

LAWc) JUDICIAL. [Sec. 12, Art. VIII]. Section 12. The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.

d) [Sec. 2, Art. IX-A] Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession or in the active management or control of any business which, in any way, may be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries.

Specific disqualifications under the Constitution.

LAWe.) OMBUDSMAN. [Sec. 8, Art. XI]. Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time of their appointment, at least forty years old, of recognized probity and independence, and members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have, for ten years or more, been a judge or engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2 of Article 1X-A of this Constitution.

Specific disqualifications under the ConstitutionLAWf) [Sec. 11, Art. XI]. Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without reappointment. They shall not be qualified to run for any office in the election immediately succeeding their cessation from office.

Specific disqualifications under the Constitution

LAWg) CON COMMS. [Sec. 1, Art. IX-B Section 1. (1) The civil service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment.

Sec. 1, Art IX-C - COMELECSec.1, Art IX-D - COASec. 8, Art. XI - OmbudsmanSpecific disqualifications under the Constitution

LAWDisabilities and Inhibitions of Public Officers

No Senator or member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office.(Sec. 14, Art. VI)LAW2012 Bar Exams MCQ

No Senator or member of the House of Representatives may personally appear as counsel before: a.) any regional court;b.) any court of justice;c.) any inferior court;d.) any appellate court.LAWPowers and Duties of Public OfficersAuthority of Public Officers.

Expressly conferred upon him by the act appointing him; (b) Expressly annexed to the office by law; and (c) Attached to the office by common law as incidents to it. Under the doctrine of necessary implication, all powers necessary for the effective exercise of the express powers are deemed impliedly granted.

LAWMinisterial and discretionary powers.

1. Ministerial: one the discharge of which by the officer concerned is imperative and requires neither judgment nor discretion. 2. Discretionary: one imposed by law upon public wherein the officer has the right to decide how and when the duty shall be performed [Lamb v. Phipps, supra.].

LAWGeneral (Constitutional) duties of public officers:a) [Sec. 1, Art. XI] Public office is a public trust. Xxxb) [Sec. 17, Art. XI] SALNc) [Sec. 18, Art. XI] Allegiance at all times

LAWProhibitions

Partisan political activity. No officer or employee of the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign [Sec. 2(4), Art. IX-B].

The Civil Service Law prohibits engaging directly or indirectly in any partisan political activity or taking part in any election except to vote; or use official authority or influence to coerce the political activity of any person or body.

LAW2. Additional or double compensation. No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office or title of any kind from any foreign government [Sec. 8, Art. IX-B].

ProhibitionsLAW3. Prohibition against loans.No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the President, Vice President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions, and the Ombudsman, or to any firm or entity in which they have controlling interest, during their tenure [Sec. 16, Art. XI].

ProhibitionsLAW4. Limitation on Laborers. Shall not be assigned to perform clerical duties.

5. Detail or reassignment. No detail or reassignment shall be made within three months before any election without the approval of the COMELEC.

ProhibitionsLAW6. Nepotism. All appointments made in favor of a relative of (1) the appointing or recommending authority, or (2) the chief of the bureau or office, or (3) of the persons exercising immediate supervision over him, are prohibited. The prohibition covers all appointments, including designations, in the national, city and municipal governments, or in any branch or instrumentality thereof, including government-owned or controlled corporations with original charters. See Laurel v. Civil Service Commission 203 SCRA 195.

ProhibitionsLAW Rights of Public OfficersA. Right to Office. The just and legal claim to exercise the powers and the responsibilities of the public office.B. Right to Salary. Preventive suspension and the right to salary. In Gloria v. Court of Appeals, G.R. No. 131012, April 21, 1999, xxx two kinds of preventive suspension xxx, viz: (a) preventive suspension pending investigation under Sec. 51, Book V, Title I, Subtitle A of the Administrative Code of 1987; and (b) preventive suspension pending appeal if the penalty imposed by the disciplining authority is suspension or dismissal and, after review, the respondent is exonerated under Sec. 47 of the same Code. It was then that the employee has no right to compensation during the preventive suspension pending investigation, even if he is exonerated, because in order to be entitled to payment of back salaries, it is not enough that an employee be exonerated of the charges against him. In addition, it must be shown that his suspension is unjustified. The preventive suspension of civil service employees charged with dishonesty, oppression, grave misconduct or neglect of duty, is authorized by the Civil Service Law. It cannot, therefore, be considered unjustified even if later the charges are dismissed. xxxLAW2011 MCQ Bar Exams33. X, an administrative officer in the Department of Justice, was charged with grave misconduct and preventively suspended for 90 days pending investigation. Based on the evidence, the Secretary of Justice found X guilty as charged and dismissed him from the service. Pending appeal, X's dismissal was executed. Subsequently, the Civil Service Commission (CSC) reversed the Secretarys decision and the reversal became final and executory. What is the effect of Xs exoneration?A. X is entitled to reinstatement and back salaries both during his 90 daypreventive suspension and his suspension pending appeal.B. X is entitled to reinstatement and back salaries corresponding only to theperiod of delay caused by those prosecuting the case against him.C. X is entitled to reinstatement but not to back salaries on ground of damnum absque injuria.D. X is entitled to reinstatement and back salaries during his suspension pending Appeal.LAWC. Right to Preference in Promotion. See Meram v. Edralin, 154 SCRA 238. But the right does not prevail over the discretion of the appointing authority [Luego v. Civil Service Commission, supra.].D. Right to vacation and sick leave.E. Right to Maternity Leave.F. Right to Retirement Pay.

LAWG. Others.1. Right to reimbursement for expenses incurred in the due performance of his duty. But a public officer who uses a government vehicle is not entitled to, nor can he change, a transportation allowance [Domingo v. Commission on Audit, G.R. No. 112371, October 7, 1998].2. Right to be indemnified against any liability which they may incur in the bona fide discharge of their duties.3. Right to longevity pay.

LAW Liabilities of Public Officers

A. General Rule on Liability. A public officer is not liable for injuries sustained by another as a consequence of official acts done within the scope of his official authority, except as otherwise provided by law.1. [Sec. 38(1), Chapter 9, Book I, Administrative Code of 1987].2. [Sec. 39, Chapter 9, Book I, Administrative Code].3. Sec. 24, Local Government Code

B. Statutory Liability.1. Art. 27, Civil Code2. Art. 32, Civil Code3. Art. 34, Civil Code4. Sec. 38(2), Chapter 9, Book I, Administrative Code

LAWC. Liability on Contracts. The public officer shall be personally liable on contracts he enters into if he acted without, or exceeded his, authority.D. Liability for Tort. The public officer shall be personally liable if he goes beyond the scope of his authority or exceeds the powers conferred upon him by law.E. Presidential immunity for suit. This privilege is enjoyed only during the tenure of the President.F. Threefold Liability Rule. The wrongful acts or commissions of a public officer may give rise to civil, criminal and administrative liability.

LAWG. Liability of Ministerial Officers.Nonfeasance: Neglect or refusal to perform an act which is the officers legal obligation to perform.

2. Misfeasance: Failure to use that degree of care, skill and diligence required in the performance of official duty.

3. Malfeasance: The doing, through ignorance, inattention or malice, of an act which he had no legal right to perform.

LAW. De Facto Officers

A. Defined. One who has the reputation of being the officer that he assumes to be, and yet is not a good officer in point of law [Torres v. Ribo, 81 Phil 44]. He must have acted as an officer for such length of time, under the color of title and under such circumstances of reputation or acquiescence by the public and public authorities, as to afford a presumption of election or appointment, and induce people, without injury, and relying on the supposition that he is the officer he assumes to be, to submit to or invoke his action.

LAWB. Legal Effect of Acts; Rationale. The acts of the de facto public officer, insofar as they affect the public, are valid, binding and with full legal effect. The doctrine is intended not for the protection of the public officer, but for the protection of the public and individuals who get involved in the official acts of persons discharging the duties of a public office [Monroy v. Court of Appeals, 20 SCRA 620].

LAWC. Elements.A validly existing public office. See Tuamda v. Sandiganbayan, G.R. No. 110544, October 16, 1995.

2. Actual physical possession of said office.

LAW3. Color of title to the office. There is color of title to the office in any of the following cases:By reputation or acquiescence, the public, without inquiry, relies on the supposition that he is the public officer that he purports to be. This is acquired usually when the individual has acted as an officer for such length of time that the public believes that he is the public officer that he assumes to be.

b) Under a known and valid appointment or election, but the officer failed to conform to a requirement imposed by law, e.g., taking the oath of office.

LAW3. Color of title to the office. There is color of title to the office in any of the following cases:

c) Under a known appointment or election, void because of the ineligibility of the officer, or want of authority of the appointing or electing authority, or because of an irregularity in his appointment or election, such ineligibility, want of authority or irregularity being unknown to the public.

d) Under a known appointment or election pursuant to an unconstitutional law, before the law is declared unconstitutional.

LAWD. Entitlement of Salaries. The general rule is that the rightful incumbent of a public office may recover from an officer de facto the salary received by the latter during the time of his wrongful tenure, even though he entered into the office in good faith and under color of title [Monroy v. Court of Appeals, supra.]. In General Manager, PPA v. Monserate, G.R. No. 129616, April 17, 2002,the Supreme Court ordered petitioner Ramon Anino to pay to the respondent backpay differentials pertaining to the period from the time he (Anino) wrongfully assumed the contested position of Manager II up to his retirement on November 30, 1997.

LAW However, where there is no de jure public officer, the officer de facto who in good faith has had the possession of the office and has discharged the duties pertaining thereto, is legally entitled to the emoluments of the office, and may, in an appropriate action, recover the salary, fees and other compensations attached to the office.

LAWTermination of Official Relation

.Modes of terminating official relationship:1. Expiration of term or tenure.2. Reaching the age limit.3. Resignation.4. Recall.5. Removal.6. Abandonment.7. Acceptance of an incompatible office.8. Abolition of office.9. Prescription of the right to office.10. Impeachment.11. Death.12. Failure to assume elective office within six months from proclamation.13. Conviction of a crime.14. Filling of a certificate of candidacy.

LAWThe Civil Service

Classes of Service.Career Service. Characterized by entrance based on merit and fitness to be determined, as far as practicable by competitive examinations, or based on highly technical qualifications, opportunity for advancement to higher career positions, and security of tenure. The positions included are: Open career positions, where prior qualification in an appropriate examination is required; (ii) Closed career positions e.g., scientific or highly technical in nature; (iii) Career Executive Service, e.g., undersecretaries, bureau directors, etc., where the appointee is required to possess the appropriate Career Executive Service Officer (CESO) eligibility;

LAWThe Civil Service

Classes of Service.Career Service. (iv) Career officers (other than those belong to the Career Executive Service) who are appointed by the President; (v) Positions in the Armed Forces of the Philippines, although governed by a separate merit system; (vi) Personnel of government-owned or -controlled corporations with original charter; and (vii) Permanent laborers, whether skilled, semi-skilled or unskilled.

LAWb) Non-career service. Characterized by entrance on bases other than those of the usual tests utilized for the career service, tenure limited to a period specified by law, or which is co-terminous with that the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which purpose the employment was made. The officers and employees embraced in the non-career service are: Elective officials, and there personal and confidential staff; (ii) Department Heads and officials of Cabinet rank who hold office at the pleasure of the President, and their personal and confidential staff; LAWb) Non-career service. (iii) Chairmen and members of commissions and boards with fixed terms of office, and their personal and confidential staff; (iv) Contractual personnel or those whose employment in government is in accordance with a special contract to undertake a specific work or job requiring special or technical skills not available in the employing agency, to be accomplished within a specific period not exceeding one year, under their own responsibility, with the minimum direction and supervision; and (v) Emergency and seasonal personnel.

LAWThe Office of the Ombudsman shall have the following powers, functions and duties

Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of his primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases (Sec. 15(1) R.A. No. 6770; see also Sec. 13(1), Article XI, 1987 Constitution); Direct, upon complaint or at its own instance, any officer or employee of the Government, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporations with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties (Sec. 15(2) R.A. No. 6770; Sec 13(2) Article XI, 1987 Constitution); THE OMBUDSMAN

LAWThe Office of the Ombudsman shall have the following powers, functions and duties

Direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglects to perform an act or discharge a duty required by law, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its disciplinary authority as provided in Section 21 or this Act: Provided, That the refusal by any officer without just cause to comply with an order of the Ombudsman to remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to perform an act or discharge a duty required by law shall be ground for disciplinary action against said officer (Sec. 15(3) R.A. No. 6770; see also Sec 13(3), Article XI, 1987 Constitution); THE OMBUDSMAN

LAWThe Office of the Ombudsman shall have the following powers, functions and duties

Direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules of procedure, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action (Sec. 15(4) R.A. No. 6770; see also Sec. 13(4), Article XI, 1987 Constitution); Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents (Sec. 15(5), R.A. No.6770; see also Sec. 13(5), Article XI, 1987 Constitution); THE OMBUDSMANLAWThe Office of the Ombudsman shall have the following powers, functions and duties

Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and with due determine what cases may not be made public: Provided further, That any publicity issued by the Ombudsman shall be balanced, fair, and true (Sec 15(6) R.A. No. 6770; see also Sec 13(6), Article XI, 1987 Constitution); Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency (Sec 15(7) R.A. No. 6770; see also Sec 13(7), Article XI, 1987 Constitution); Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any investigation or inquiry, including the power to examine and have access to bank accounts and records (Sec 15(8), R.A. No. 6770); THE OMBUDSMANLAWThe Office of the Ombudsman shall have the following powers, functions and duties

Punish for contempt in accordance with the Rules of Court and under the same procedure and with the same penalties provided therein (Sec 15(9), R.A. No. 6770); Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensure the effective exercise of performance of the powers, functions, and duties herein or hereinafter provided (Sec 15(10), R.A. No.6770); THE OMBUDSMANLAWThe Office of the Ombudsman shall have the following powers, functions and duties

Investigate and initiate the proper action forthe recovery of ill-gotten and/or unexplained wealth amassed after February 25, 1986 and the prosecution of the parties involved therein (Sec 15(11), R.A. No. 6770); Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law (Sec 13(7), Article XI, 1987 Constitution; see also Sec. 18, R.A. No. 6770); THE OMBUDSMANLAWQuestion No. III (B)Q: CTD, a Commissioner of the National Labor Relations Commission (NLRC), sports a No. 10 car plate. A disgruntled litigant filed a complaint against him for violation of the Anti-Graft and Corrupt Practice Act before the Ombudsman. CTD now seeks to enjoin the Ombudsman in a petition for prohibition, alleging that he could be investigated only by the Supreme Court under its power of supervision granted in the Constitution. He contends that under the law creating the NLRC, he has the rank of a Justice of the Court of Appeals, and entitled to the corresponding privileges. Hence, the OMB has no jurisdiction over the complaint against him.Should CTDs petition be granted or dismissed? Reason briefly.

2004 BAR EXAMSLAWQuestion No. III (B)Q: Should CTDs petition be granted or dismissed? Reason briefly.A: The petition of CTD should be dismissed. Section 21 of the Ombudsman Act vests the Office of the Ombudsman with disciplinary authority over all elective and appointive officials of the government, except officials who may be removed only by impeachment, Members of Congress and the Judiciary. While CTD has the rank of a Justice of the Court of Appeals, he does not belong to the Judiciary but to the Executive Department. This simply means that he has the same compensation and privileges as a Justice of the Court of Appeals. If the Supreme Court were to investigate CTD, It would be performing a non-judicial function. This will violate the principle of separation of powers. (Noblejas vs. Teehankee, 23 SCRA 405 (1968))2004 BAR EXAMSLAWQuestion No. VIQ: Director WOW failed the lifestyle check conducted by the Ombudsmans Office because WOWs assets were grossly disproportionate to his salary and allowances. Moreover, some assets were not included in his Statement of Assets and Liabilities. He was charged of graft and corruption practices and pending the completion of investigations, he was suspended from office for six months.A.Aggrieved, WOW petitioned the Court of Appeals to annul the preventive suspension order on the ground that the Ombudsman could only recommend but not impose the suspension. Moreover, according to WOW, the suspension was imposed without any notice or hearing, in violation of due process.Is the petitioners contention meritorious? Discuss briefly. B.For his part, the Ombudsman moved to dismiss WOWs petition. According to the Ombudsman the evidence of guilt of WOW is string and petitioner failed to exhaust administrative remedies. WOW admitted he filed no motion for reconsideration, but only because the order suspending him was immediately executory. Should the motion to dismiss be granted or not? Discuss briefly. 2004 BAR EXAMSLAWQuestion No. VIA.Is the petitioners contention meritorious? Discuss briefly. B.Should the motion to dismiss be granted or not? Discuss briefly.

A: (A) The contention of Director WOW is not meritorious. The suspension meted out to him is preventive and not punitive. Section 24 of Republic Act No. 6770 grants the Ombudsman the power to impose preventive suspension up to six months. Preventive suspension may be imposed without any notice or hearing. It is merely a preliminary step in an administrative investigation and is not the final determination of the guilt of the officer concerned. (Garcia v. Mojica, 314 SCRA 207 (1999)).

(B) The motion to dismiss should be denied. Since the suspension of Director WOW was immediately executory, he would have suffered irreparable injury had he tried to exhaust administrative remedies before filing a petition in court. (University of the Philippines Board of Regents v. Rasul, 2000 SCRA 685)2004LAW

LAW

2012 MCQ Bar ExamsLAW

LAWDeclaration of Policya.Local autonomy for territorial and political subdivisionsb.Accountability of local government units through recall, initiative and referendumc.Consultation by national offices with local government units and non-governmental organizations before implementing any program (Sec. 2)

THE LOCAL GOVERNMENT CODELAWPRINCIPLE OF LOCAL AUTONOMYDecentralization; it does not make the LGUs sovereign within the state or an imperium in imperioTHE LOCAL GOVERNMENT CODELAWQUASI-CORPORATIONCreated by the State for a narrow or limited purpose.

MUNICIPAL CORPORATIONA body politic and corporate constituted by the incorporation of the inhabitants for the purpose of local government.

THE LOCAL GOVERNMENT CODELAWELEMENTS:Legal CreationCorporate nameInhabitantsTerritory

GOCC a corporation created by special law or incorporated and organized under the Corporation Code and in which the government, directly or indirectly, has ownership of the majority of the capital or voting stockMUNICIPAL CORPORATIONLAWRules of Interpretationa.Liberal interpretation of powers of local government unitsb.Strict construction of tax ordinancesc.Liberal interpretation of general welfare provisionsd.Application of original terms of contracts or law upon vested rightse.Resort of customs in the absence of law or jurisprudence (Sec.5 )

LAWGeneral Powers and Attributes of Local Government Units1.A local government unit may be created, divided, merged, abolished, or its boundaries substantially altered by law in the case of a province, city, municipality, or other political subdivision, or by city or provincial ordinance in the case of a barangay. (Sec. 6)

LAW2.The creation or conversion of a local government unit to another level shall be based on:a.Sufficient incomeb.Populationc.Land area (Sec. 7)3.Division and merger of local government units shall comply with the same requirements for their creation. The income, population or land area shall not be reduced to less than the minimum requirements. (Sec. 8)4.A local government unit may be abolished when its income, population or land area has been reduced to less than the minimum requirements. (Sec. 9)5.The creation, division, merger, abolition or substantial alteration of the boundaries of local government units must be approved by a plebiscite in the political units affected. (Sec. 10)

LAWQuestion No. VIIQ: MADAKO is a municipality composed of 80 Barangays, 30 west of Madako River and 50 east thereof. The 30 western barangays, feeling left out of economic initiatives; wish to constitute themselves into a new and separate town to be called Masigla. A.Granting that Masiglas proponents succeed to secure a law in their favor, would a plebiscite be necessary or not? If it is necessary, who would you vote or participate in the plebiscite? Discuss briefly. B.Suppose that one year after Masigla was constituted as a municipality, the law creating it is voided because of defects. Would that invalidate the acts of the municipality and /or its municipal officers? Explain briefly. 2004 BAR EXAMSLAWQuestion No. VIIA: (A) A plebiscite is necessary, because this is required for the creation of a new municipality. (Section 10, Article X of the 1987 Constitution) The voters of both Madako and Masigla should participate in the plebiscite, because both are directly affected by the creation of Masigla. The territory of Madako will be reduced. (Tan v. Commission on Elections, 142 SCRA 727 [1986])(B) Although the municipality cannot be considered as a de facto corporation, because there is no valid law under which it was created, the acts of the municipality and its officers will not be invalidated, because the existence of the law creating it is an operative fact before it was declared unconstitutional. Hence, the previous acts of the municipality and its officers should be given effect as a matter of fairness and justice. (Municipality of Malabang v. Benito, 27 SCRA 533 [1969])2004 BAR EXAMSLAWBackground:(A) 16 city bills lapsed into law between March and July 2007;(B) March 2007 LCP filed a case with the SC > falling to meet income requirement + IRA would decrease(C) 18 November 2008 = SC voted 6-5 to revert to municipalities(D) 21 December 2009 = SC reversed. 16 cities not covered by RA 9009 [increased income requirement from P20M to P100M enacted June 20o1](E) 24 August 2010 = SC reversed (again) > LGC as amended by RA 9009 should be followed without exceptions(F) 15 February 2011 = 3rd reversal of SC. 16 cityhood laws amended RA9009, which effectively amended the LGC itself.(G) 19 July 2013 = LCP 60th General Assembly > formally welcomed the 16 unqualified cities League of Cities casesLAW6.The corporate existence of a new local government unit shall commence upon election AND qualification of its chief executive and a majority of the members of the sanggunian. (Sec. 14)

LAWPowers of LGU

a.Powers expressly grantedb.Implied powersc.Powers necessary, appropriate, or incidental for efficient and effective governanced.Powers essential for promotion of general welfare (Sec. 16)

LAWA local government unit may close or open any local road, alley, park or square by two-thirds (2/3) vote of all members of the sanggunian. Property permanently withdrawn from public use may be used or conveyed for any purpose. (Sec. 21)

LAWA local government unit may exercise the power of eminent domain.a.An offer must have been made to the owner and rejected.b.The local government unit may immediately take possession upon filing of expropriation proceedings and deposit in court of 15% of the fair market value. (Sec. 19)

LAWCorporate Powers of LGUa.Powersi.To have continuous succession in its nameii.To sue and be suediii.To have and use a sealiv.To acquire and convey propertyv.To enter into contractsvi.To exercise other powers granted to corporations. (Sec. 22)

b.The local chief executive may not enter into any contract without prior authorization by the sanggunian. (Sec. 24)

LAWLocal government units and their officials are not exempt from liability for death or injury to persons or damage to property. (Sec. 24)

Governmental function Generally, not liable for acts of its officers or agents.

Proprietary function Not exempt from liability.

DOCTRINE OF IMPLIED MUNICIPAL LIABILITY LGU is obligated upon an implied contract to pay the reasonable value of the benefits accepted or appropriated by it.

LAW2011 MCQ Bar Exam

72. A collision occurred involving a passenger jeepney driven by Leonardo, a cargo truck driven by Joseph, and a dump truck driven by Lauro but owned by the City of Cebu. Lauro was on his way to get a load of sand for the repair of the road along Fuente Street, Cebu City. As a result of the collision, 3 passengers of the jeepney died. Their families filed a complaint for damages against Joseph who in turn filed a third party complaint against the City of Cebu and Lauro. Is the City of Cebu liable for the tort committed by its employee?A. The City of Cebu is not liable because its employee was engaged in the discharge of a governmental function.B. The City of Cebu is liable for the tort committed by its employee while in the discharge of a non-governmental function.C. The City of Cebu is liable in accord with the precept of respondent superior.D. The City of Cebu is not liable as a consequence of its non-suitability. LAWIntergovernmental Relations1.National Government and Local Government Unitsa.The President shall exercise general supervision over local government units.i.The President shall exercise supervisory authority directly over provinces, highly urbanized cities and independent component cities.ii.The President shall exercise supervision over component cities and municipalities through the province and over barangays through the city and municipality. (Sec. 25)b.No project shall be implemented by government authorities without consultation with the local government units and prior approval of the sanggunian. (Sec. 27)

LAW2.Inter-Local Government Relationsa.The province, through the governor, shall ensure that every component city and municipality acts within its powers. (Sec. 29)b.The city or municipality, through the mayor, shall ensure that barangays act within the scope of their powers. (Sec. 32)c.The governor shall review all executive orders promulgated by the mayor. The mayor shall review all executive orders promulgated by the punong barangay. (Sec. 30)

LAWElective OfficialsA.Qualifications and Election1.Qualificationsa.Common qualificationsi.Filipino citizenii.Registered voter of the local government unit, or of the district where he intends to be elected in the case of members of the sanggunianiii.Residence therein for at least one year immediately before the electioniv.Ability to read and write Filipino or any other local dialectLAWb.Specific Age Requirement (on election day)i.Candidates in provinces and highly urbanized cities 23 yearsii.Candidates for mayor or vice mayor of component cities or municipalities 21 yearsiii.Candidates for sanggunian member in component cities or municipalities 18 yearsiv.Barangay officials 18 yearsv.Sanguniang Kabataan 15 to less than 18 years (Sec. 7, Rep. Act No. 9164)

LAWB.Disqualificationsa.Those sentenced for an offense involving moral turpitude or an offense punishable by imprisonment for one year or more, within two years after serving sentenceb.Those removed from office because of an administrative casec.Those convicted for violating oath of allegiance to the Philippinesd.Those with dual citizenshipe.Fugitives from justicef.Permanent residents in a foreign country or those who have the right to reside abroad and continue to avail of itg.The insane of feeble-minded

LAWOn the Citizenship Requirement In Frivaldo v. Commission on Elections, G.R. Nos. 120295 & 123755, 28 June 1996, the Supreme Court ruled that the citizenship qualification must be construed as applying to the time of proclamation of the elected official and at the start of his term.A Filipino citizen's acquisition of a permanent resident status abroad constitutes an abandonment of his domicile and residence in the Philippines. In short, the "green card" status in the USA is a renunciation of one's status as a resident of the Philippines. (Ugdoracion v. COMELEC, G.R. No. 179851, 18 April 2008, citing Gayo v. Verceles, G.R. No. 150477, 28 February 2005)LAW On Repatriation:

SEC. 2. Repatriation shall be effected by taking the necessary oath of allegiance to the Republic of the Philippines and registration in the proper civil registry and in the Bureau of Immigration. The Bureau of Immigration shall thereupon cancel the pertinent alien certificate of registration and issue the certificate of identification as Filipino citizen to the repatriated citizen. (RA 8171)The law is clear that repatriation is effected by taking the oath of allegiance to the Republic of the Philippines and registration in the proper civil registry and in the Bureau of Immigration. Hence, in addition to taking the Oath of Allegiance to the Republic of the Philippines, the registration of the Certificate of Repatriation in the proper civil registry and the Bureau of Immigration is a prerequisite in effecting the repatriation of a citizen. (Altarejos v. COMELEC, G.R. No. 163256, 10 November 2004)LAW On the Retention of Philippine Citizenship:

Sec. 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions:(1) xxxx;(2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath; xxxx (RA 9225) [emphasis supplied]Failure to renounce foreign citizenship in accordance with the exact tenor of Section 5(2) of Republic Act (R.A.) No. 9225 renders a dual citizen ineligible to run for and thus hold any elective public office. (Sobejana-Condon v. COMELEC, et.al., G.R.No.198742, 10 August 2012)LAW On the THREE (3) Term Limit:

LAW On the THREE (3) Term Limit: ABUNDO

LAW On the THREE (3) Term Limit: ABUNDO

LAW On the SERVICE OF SENTENCE

G.R. No. 205033 June 18, 2013ROMEO G. JALOSJOS, Petitioner, vs.THE COMMISSION ON ELECTIONS, MARIA ISABELLE G. CLIMACO-SALAZAR, ROEL B. NATIVIDAD, ARTURO N. ONRUBIA, AHMAD NARZAD K. SAMPANG, JOSE L. LOBREGAT, ADELANTE ZAMBOANGA PARTY, AND ELBERT C. ATILANO, Respondents.

ISSUE:

SEC. 40. Disqualifications. The following persons are disqualified from running for any elective local position:(a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence; xxx

LAW On the SERVICE OF SENTENCE

G.R. No. 205033 June 18, 2013JALOSJOS vs. THE COMMISSION ON ELECTIONS, et.al.ISSUE:

Article 30 of the RPC reads:ART. 30. Effects of the penalties of perpetual or temporary absolute disqualification. - The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects:1. The deprivation of the public offices and employments which the offender may have held, even if conferred by popular election.2. The deprivation of the right to vote in any election for any popular office or to be elected to such office.3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned.In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this Article shall last during the term of the sentence.4. The loss of all rights to retirement pay or other pension for any office formerly held. LAW On the SERVICE OF SENTENCE

G.R. No. 205033 June 18, 2013JALOSJOS vs. THE COMMISSION ON ELECTIONS, et.al.RULING:

In the present case, petitioner was sentenced to suffer the principal penalties of reclusion perpetua and reclusion temporal which, pursuant to Article 41 of the RPC, carried with it the accessory penalty of perpetual absolute disqualification and in turn, pursuant to Article 30 of the RPC, disqualified him to run for elective office. As discussed, Section 40(a) of the LGC would not apply to cases wherein a penal provision such as Article 41 in this case directly and specifically prohibits the convict from running for elective office. Hence, despite the lapse of two (2) years from petitioners service of his commuted prison term, he remains bound to suffer the accessory penalty of perpetual absolute disqualification which consequently, disqualifies him to run as mayor for Zamboanga City.LAW2012 MCQ Bar Exam

12. Dual allegiance by citizen is:A. Inimical to the national interest and is therefore proscribed by law;B. Inimical to the national interest and is therefore prescribed by law; C. Inimical to the national interest and therefore shall be dealt with by law;D. Inimical to the national interest and is therefore outside the coverage of law.LAW2011 MCQ Bar Exam 21. Governor Paloma was administratively charged with abuse of authority before the Office of the President. Pending hearing, he ran for reelection and won a second term. He then moved to dismiss the charge against him based on this supervening event. Should the motion be granted?A. Yes, Governor Paloma's reelection is an expression of the electorates obedience to his will.B. No, Governor Paloma's reelection cannot extinguish his liability for malfeasance in office.C. No, Governor Paloma's reelection does not render moot the administrative case already pending when he filed his certificate of candidacy for his reelection bid.D. Yes, Governor Paloma's re-election is an expression of the electorates restored trust.LAW2005 MCQ Bar Exam Question No. IXQ: In the May 8, 1995 elections for local officials whose terms were to commence on June 30, 1995, Ricky filed on March 20, 1995 his certificate of candidacy for the Office of Governor of Laguna. He won, but his qualification as elected officials was questioned. It is admitted that he is a repatriated Filipino citizen and a resident of the Province of Laguna.

To be qualified for the office to which a local official has been elected, when at the latest should he be:a.) A Filipino citizen? Explainb.) A resident of the locality? Explain

LAWVacancies and Succession1.Governor and Mayora.Vice Governor and Vice Mayorb.Sanggunian Members according to ranking 2.Punong Barangaya.Highest ranking sangguniang barangay memberb.Second highest ranking sangguniang barangay member3.Ranking in the sanggunian shall be determined on the basis of the proportion of the votes obtained to the number of registered voters in each district.4.Ties will be resolved by drawing of lots. (Sec. 44)

LAW5.Sangguniana.Provinces, highly urbanized cities, and independent component cities appointment by Presidentb.Component city and municipality appointment by governorc.Sangguniang barangay appointment by mayord.Except for the sangguniang barangay, the appointee shall come from the political party of the member who caused the vacancy.e.If the member does not belong to any party, the appointee shall be recommended by the sanggunian.f.The appointee for the sangguniang barangay shall be recommended by the sangguniang barangay.g.Vacancy in the representation of the youth and the barangay in the sanggunian shall be filled by the official next in rank of the organization. (Sec. 45)

LAWQuestion No. XVQ: A vacancy occurred in the Sangguniang Bayan of a municipality when X, a member, died. X did not belong to any political party. To fill up the vacancy, the provincial governor appointed A upon the recommendation of the sangguniang panlalawigan. On the other hand, for the same vacancy, the municipal mayor appointed B upon the recommendation of the sangguniang bayan. Which of these appointments is valid? A: As held in Farinas v. Barba, 256 SCRA 396 (1996), neither of the appointments is valid. Under Section 45 of the Local Government Code, in case of a permanent vacancy in the Sangguniang Bayan created by the cessation in office of a member who does not belong to any political party, the Governor shall appoint a qualified person recommended by the Sangguniang Bayan. Since A was not recommended by the Sangguniang Bayan, his appointment by the Governor is not valid. Since B was not appointed by the Governor but by the Municipal Mayor, his appointment is also not valid. 2002 BAR EXAMSLAW6.Temporary Vacancya.When the governor, mayor or punong barangay is temporarily incapacitated to perform his duties, the vice governor, vice mayor, or ranking sangguniang barangay member shall exercise his powers except the power to appoint, suspend or dismiss employees, which can only be exercised after 30 working days.b.When the local chief executive is traveling within the Philippines for not more than 3 consecutive days, he may designate an officer-in-charge. The authorization shall specify the powers of the officer-in-charge except the power to appoint, suspend or dismiss employees.c.If the local chief executive does not issue the authorization, the vice governor, vice mayor, or highest ranking sangguniang barangay member shall assume his powers on the fourth day of his absence. (Sec. 46)

LAWQuestion No. XIVQ: Suppose A, a Municipal Mayor, went on a sick leave to undergo medical treatment for a period of four (4) months. During that time(a) Will B, the Municipal Vice-Mayor, be performing executive functions? Why?(b) Will B at the same time be also performing legislative functions as presiding officer of the Sangguniang Bayan? Why?A: (a) Since the Municipal Mayor is temporarily incapacitated to perform his duties, in accordance with Section 46(a) of the Local Government Code, the Municipal Vice-Mayor shall exercise his powers and perform his duties and functions. The Municipal Vice-Mayor will be performing executive functions, because