Admin Finals Reviewer

8/12/2019 Admin Finals Reviewer

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ADMIN (finals) TT HH EE WW OO MM EE NN OO FF AA LL EE II TT HH EE II AA Atty. Ylagan

Nikki Bellosillo TRU TH . H ON OR. EX CELLENC E Page 1 of 10

ADMINISTRATIVE LAW

Lawyers Obligation (7)1. Maintain allegiance to the Republic of the

Philippines;2. Support its Constitution and obey the laws as

well as the legal orders of the duly constitutedauthorities therein;

3. Do no falsehood nor consent to the doing of anyin court;

4. Not wittingly or willingly promote or sue anygroundless, false or unlawful suit, or give aidnor consent to the same;

5. Delay no man for money or malice, and6. Will conduct myself as a lawyer according to the

best of my knowledge and discretion, with allgood fidelity as well to the court as to myclients; and

7. I impose upon myself these voluntaryobligations without any mental reservation orpurpose of evasion. So help me God.

Scope of Administrative Law (8)8. The law which fixes the administrative

organization and structure of the government;9. The law, the execution of which is entrusted to

administrative authorities;10. The law which governs public officers including

their competence (to act), rights duties,liabilities, election, etc;

11. The law which creates administrative agenciesdefines their powers and functions, prescribestheir procedure, including adjudication orsettlement by them of contested mattersinvolving private interests;

12. The law which provides the remedies, availableto those aggrieved by administrative actions ordecisions;

13. The law which governs judicial review of, orrelief against, administrative actions ordecisions;

14. The rules, regulations, orders and decisionsmade by administrative authorities dealing withthe interpretation and enforcement of the lawsentrusted to their administration; and

15. The body of judicial decisions and doctrinesdealing with any of the above

Characteristics of Administrative Agencies (4)16. Size17. Specialization18. Responsibility as to results19. Variety of administrative duties

Necessary delegation (4)20. Delegation of Internal management21. Delegation of authority to dispose of routine

matters22. Delegation of authority to dispose of matters

informally or to initiate formal proceedings

23. Delegation of authority and function to conductformal proceedings

Nature of powers of administrative agencies (3)24. Jurisdiction is limited25. Powers within their jurisdiction broad26. Powers subject to the Constitution, applicable law or

administrative regulation

Classification of powers of administrative agenciesas to nature (3)27. Investigatory powers28. Rule- making powers29. Adjudicatory powers

Scope and extent of powers of administrativeagencies (Investigative powers) (8)30. Initiation of investigation31. Conduct of investigation32. Inspection and examination33. Requirement as to accounts, records, reports or

statements34. Requiring attendance of witnesses, giving of

testimony and production of evidence35. Hearing36. Contempt proceedings37. Application of technical rules of procedure and

evidence

Conditions to grant rule-making power (2)38. Statute is complete in itself, setting forth the policy

to be executed by the agency; and39. Statute fixes a standard, mapping out the

boundaries of the agencys authority to which itmust conform.

Limitations to rule-making power (4)40. May not be used to abridge the authority given by

Congress or the Constitution or to enlarge its powerbeyond the scope intended.

41. May not by its rules and regulation, amend, alter,modify, supplant, enlarge or limit the terms of thestatute

42. In case of discrepancy between the basic law and animplementing law, basic law prevails

43. A rule or regulation should be uniform in operation,reasonable and not unfair or discriminatory

Kinds of rule making power (3)44. Contingent legislation or determination45. Supplementary or detailed legislation46. Interpretative legislation

Identifying characteristics of legislative rules (2)47. The statute has delegated power to the agency to

adopt the rule; and48. It provides that the rule shall, if within the delegated

power, have authoritative force


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Requirements for validity of administrativerules and regulations (5)49. The rules and regulations must have been

issued on the authority of law;50. They must not be contrary to law and the

Constitution;51. In certain cases, previous notice and hearing or52. Publication may be necessary to satisfy the

requirement of due process53. They must be promulgated in accordance with

the prescribed procedure

Questions in determining the validity of rules(3)54. Whether the rule relates to the subject matter

on which power to legislate has been delegated;55. Whether the rule conforms to the standards

prescribed in the delegatory statute56. Whether the rule is invalid on constitutional

grounds, such as due process

Tests applied in determining validity of rules(5)57. A rule is invalid if it exceeds the authority

conferred to it58. A rule is invalid if it conflicts with the governing

statute59. A rule is void if it extends or modifies the

statute60. A rule is void if it has no reasonable relationship

to the statutory purpose61. Courts will set aside rules deemed to be

unconstitutional or arbitrary or unreasonable

Requisites for validity of penal rules and

regulations (4)62. The law which authorizes the promulgation of

rules and regulations must itself provide for theimposition of a penalty for their violation;

63. It must fix or define such penalty;64. The violation for which the rules and regulations

impose a penalty must be punishable or made acrime under the law itself

65. The rules and regulations must be published inthe Official Gazette

5 acts which have been held to be purelyadministrative in character (5)

66. The function of the draft boards67. The parole of prisoners, at least so long as theduration of the sentence is not affected, and therevocation of parole

68. The transfer of prisoners from one place ofimprisonment to another

69. Passing upon a petition to call and election70. Deportation of aliens

Classification of adjudicatory powers (5)71. Dispensing powers72. Enabling powers73. Equitable powers74. Directing powers75. Summary powers

Requisites of a valid delegation (2)76. Completeness of the statute making the delegation77. The presence of a sufficient standard

Permissible delegation (exceptions to the non-delegability of legislative powers (5)78. Delegation of tariff powers to the President under

Section 28(2) of Article VI of the Constitution79. Delegation of emergency powers to the President

under Section 23(2) of Article VI of the Constitution80. Delegation to local governments the power to create

its own sources of revenues and to levy taxes, fees,and charges

81. Delegation to administrative bodies82. Delegation to the people at large to directly propose

and enact laws or approve or reject any law or partthereof passed by the Congress or local legislativebody

Characteristics of administrative proceedings (4)83. Adversary in nature84. Quasi- judicial or judicial in nature85. Civil, not criminal, in nature86. Not an action at law, nor is it a litigation between

private parties

Requisites of administrative proceedings (4)87. Right to notice of the institution of the proceedings

that may affect a persons legal right;88. Reasonable opportunity to appear and defend his

rights & introduce witnesses & relevant evidence inhis favor, and to controvert evidence of other party

89. A tribunal vested with competent jurisdiction, soconstituted as to give him reasonable assurance ofhonesty and impartiality

90. A finding/ decision by that tribunal supported bysubstantial evidence presented at the hearing or atleast ascertained in the records or disclosed to theparties affected

Elements of the right to a hearing (4)

91. To present his case or defense, and submit evidencein support thereof 92. To know the claims of the opposing party and to

meet them93. To cross- examine witnesses for a full and true

disclosure of the facts94. To submit rebuttal evidence


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Grounds for administrative agency to modifytheir decisions (6)95. Fraud of imposition96. Mistake97. Surprise98. Inadvertence99. Newly discovered evidence100. To meet changed conditions

Requisites of res judicata (3)101. Final judgment or order102. Jurisdiction of the court or agency over the

subject matter and the parties103. Identity of the parties, subject matter and

cause of action

Contents of a petition for review (5)104. State the Full names of the parties to the

case, without impleading the court oragencies either as petitioners or respondents

105. Concise statement of the facts and issuesinvolved and the grounds relied upon for thereview

106. Be accompanied by a clearly legibleduplicate original or certified true copy ofthe award, judgment, final order orresolution appealed from, together withcertified true copies of such materialportions of the record as are referred totherein and other supporting papers

107. State all the specific material dates to proveit is within the reglamentary period providedtherein

108. Contain a sworn certificate against forum-shopping as required in Revised Circular no.

28- 91

Grounds that warrant a reversal ofadministrative findings (11)109. Judgment is based on misapprehension of

facts or the findings of facts are conflicting110. Agency sustained irregular procedures and

through the invocation of summarymethods, including rules on appeal, hasaffirmed an order which tolerates a violationof due process

111. Agency/ CA overlooked certain facts ofsubstance and value which if considered

would affect the result of the case or justifya different conclusion112. Agency went beyond the issues of the case

and he same are contrary to the admissionsof the parties or the evidence presented

113. The conclusion is a finding grounded onspeculations, surmises and conjectures

114. The findings are conclusions without citationof specific evidence on which they are based

115. The findings of facts are premised on thesupposed absence of evidence andcontradicted by the evidence on record

116. Facts set forth in the petition as well as thepetitioners main and reply briefs are notdisputed by the respondent

117. Rights of the parties were prejudiced becausethe administrative findings, conclusions ordecisions were in violation of constitutionalprovisions, in excess of statutory authority or

jurisdiction, made upon irregular procedure,vitiated by fraud, imposition or mistake, notsupported by substantial evidence adduced atthe hearing or contained in the records ordisclosed to the parties or arbitrary, or capricious

118. Inferences are manifestly mistaken, absurd orimpossible

119. There is a grave abuse of discretion

When substantial evidence rule is not applicable(5)120. Where constitutional/ jurisdictional facts are

involved121. Where property rights rather than privileges are

involved122. Where the suit is not for review of the

administrative order and is independent of theproceedings in which the administrative rulingunder attack was rendered

123. Where the statute provides for a trial de novo inwhich the rule shall not be invoked;

124. Where the statute has specified a standard orproof required for administrative determination,that is, the agency is required to make a finding

by the preponderance of evidence

LAW ON PUBLIC OFFICERS

Purpose and nature of public offices (2)125. Public offices are created for affecting the end of

which government has been instituted, which isthe common good

126. A public office is a public trust created in theinterest and for the benefit of the people, andbelongs to them.

Essential Elements of a public office (5)127. Created by the Constitution or by law or by some

body or agency to which the power to create theoffice has been delegated

128. Invested with an authority to exercise someportion of the sovereign power of the State to beexercised for public interest;

129. Powers and functions are defined by theConstitution, or by law, or through legislativeauthority;

130. Continuing and permanent in nature and notoccasional or intermittent

131. Duties pertaining thereto are performedindependently, without control of a superiorpower other than law, unless they are those ofan inferior or subordinate officer


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Classification of public officers as to nature oftheir functions (2)132. Civil officer133. Military officer

Classification of public officers creation (2)134. Constitutional officer135. Statutory officer

Classification of public officers department ofthe government served (3)136. Legislative officer137. Executive officer138. Judicial officer

Classification of public officers branch of thegovernment served (2)139. National officer140. Local Officer

Classification of public officers as to theexercise of discretion (2)141. Quasi- judicial officer142. Ministerial officer

Disqualifications to hold public office (12)143. Under the Local Government Code144. Consecutive terms145. Candidate for elective office146. Holds more than 1 office147. Impeachment148. Removal/ suspension from office149. Relationship with the appointing power150. Previous tenure of office151. Misconduct or crime

152. Mental/ physical incapacity153. Elective official154. Office newly created or the emoluments of

which have been increased

Disqualifications to hold public office underthe LGC (7)155. Sentenced by final judgment for crimes

involving moral turpitude punishable by 1 ormore years of imprisonment, within 2 yearsafter serving sentence

156. Removed from office as a result of anadministrative charge

157. Fugitive from justice in criminal or non-political cases here or abroad158. Permanent residents of foreign countries159. Insane or feeble- minded160. Dual citizenship161. Convicted by final judgment for violating

oath of allegiance to the Philippines

Kinds of presidential appointments (4)162. Temporary163. Regular or those made while Congress is in

session164. Ad interim or those made while Congress is not

in session or during its recess165. Permanent or those which last until they are

lawfully terminated

Steps in the appointing process (3)166. Nomination167. Confirmation168. Issuance of Commission

Career service is characterized by (3)169. Entrance based on merit and fitness to be

determined as far as practicable by competitiveexaminations, or based on highly technicalqualifications

170. Security of tenure171. Opportunity for advancement to higher career

positions

Positions in the career service (7)172. Closed career positions which are highly scientific

or highly technical in nature173. Career officers other than those in the Career

Executive Service174. Commissioned officers and enlisted men of the

Armed Forces of the Philippines175. Open career positions for appointments to which

prior qualification in an appropriate examinationis required

176. Positions in the Career Executive Service177. Personnel of GOCCs who do not fall under the

non- career services178. Permanent laborers, whether skilled, semi-

skilled or unskilled.

Non-career service characterized by (2)179. Entrance on bases other than those of the usual

test of merit and fitness utilized for the careerservice

180. Tenure which is limited to a period specified bylaw, or which is co- terminous with that of theappointing authority or subject to his pleasure,or which is limited to the duration of a particularproject for which purpose employment was

made.


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Positions in the non-career service (5)181. Department heads and other officials of

cabinet rank who holds position at thepleasure of the President and their personalor confidential staffs

182. Elective officials and their personal orconfidential staff;

183. Emergency and seasonal personnel184. Chairmen and members of commissions and

boards with fixed terms of office and theirpersonal or confidential staffs

185. Contractual personnel

Constitution classification of positions in theCivil Service (2)186. Competitive187. Non- competitive

Use of qualification standards in the civilservice (4)188. Determine training needs189. Basis for civil service examinations for

positions in the career service190. Aid in the inspection and audit of the

agencies personnel work programs191. Guides in the appointment and other

personnel actions in the adjudication ofprotested appointments

Kinds of appointment in the Career Service (2)192. Permanent193. Temporary or acting

Grounds to recall an appointment (4)194. Non- compliance with the procedures/

criteria provided in the agencys MeritPromotion Plan;

195. Failure to pass through the agencysSelection/ Promotion Board;

196. Violation of the existing collective agreementbetween management and employeesrelative to promotion; or

197. Violation of other existing civil service law,rules and regulations

Classification of vacancies (4)198. Original199. Constructive

200. Accidental201. Absolute

Causes of vacancy (11)202. Permanent Disability203. Impeachment conviction204. Conviction of a crime205. Creation of a new office206. Abandonment207. Acceptance of incompatible office208. Age limit was reached209. Recall210. Removal/ Resignation211. Expiration of term212. Death

Officers authorized to administer oaths (11)213. Secretary of either House of the Congress of the

Philippines214. Secretaries of Departments215. Clerks of Court216. City mayors217. Registrars of Deeds218. Any other officer in the service of the

government of the Philippines whoseappointment is vested in the President

219. Any other officer whose duties, as defined by lawor regulation, require presentation to him of anystatement under oath

220. Provincial Governors and Lieutenant- governors221. Notaries Public222. Members of the judiciary223. Bureau Directors

Requirements to become officer de jure (3)224. Possess the legal qualifications for the office in

question;225. Lawfully chosen to such office; and

226. Have qualified himself to perform the duties ofsuch office according to the mode prescribed bythe Constitution or law

Elements of de facto officership (3)227. There must be a de jure office.228. There must be a color of right or general

acquiescence by the public229. There must be actual physical possession of the

office in good faith

Classification of powers and duties of publicofficers from their nature (2)

230. Ministerial231. Discretionary

Classification of powers and duties of publicofficers from the standpoint of the obligation ofthe officer to perform his powers and duties (2)232. Mandatory233. Permissive


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Classification of powers and duties of publicofficers from the standpoint of the relationshipof the officer to his subordinates (2)234. Power of Control235. Power of Supervision

Norms of conduct of public officials (8)236. Commitment to public trust237. Commitment to democracy238. Professionalism239. Political neutrality240. Justness and sincerity241. Responsiveness to the public242. Nationalism and patriotism243. Simple living

3-fold responsibility of public officers (3)244. if the individual is damaged by such

violation, the official shall, in some cases, beheld liable civilly to reimburse the injuredparty

245. if the law has attached a penal sanction, theofficer may be punished criminally

246. if the administrations disciplinary power isstrong, such violation may lead to impositionof fine, reprimand, suspension, or removalfrom office, as the case may be

Liability of superior for acts of subordinates(4)247. Where, being charged with the duty or

employing or retaining his subordinates, henegligently or willfully employs or retainsunfit or improper persons.

248. Where, being charged with the duty to see

that they are appointed or qualified in aproper name, he negligently or willfully failsto require them the due conformity to theprescribed regulations

249. Where he so carelessly or negligentlyoversees, conducts or carries on thebusiness of his office as to furnish theopportunity for the default

250. A fortiori, where he has directed, authorizedor cooperated in the wrong

251. Where liability is expressly provided in thestatute

Liabilities of public officers under the CivilCode (3)252. For failure or neglect to perform official duty253. For violating rights and liberties of private

individuals254. For failure to render aid or protection to a

person

Categories of crimes committed by public officersunder the RPC (5)255. Malfeasance and misfeasance in office256. Malversation of public funds or property257. Infidelity of public officers258. Frauds and illegal exactions and transactions259. Other offences and irregularities committed by

public officers which include disobedience,refusal of assistance, maltreatment of prisoners,anticipation, prolongation and abandonment ofthe duties and powers of public office, usurpationof powers, and unlawful appointment

Give 5 modes of termination of official relations(5)260. Prescription of right to office261. Impeachment262. Conviction of a crime263. Acceptance of an incompatible office264. Abandonment of office265. Abolition of office266. Recall267. Reaching of age limit (retirement)268. Resignation269. Removal270. Expiration of the term or tenure of office271. Death or permanent disability

Exceptions to rule on holding incompatible offices(4)272. Officer cannot vacate the first office by his own

act, upon the principle that he will not bepermitted to, thus, do indirectly what he couldnot do directly, as where the law requires theapproval of the provincial board before a

municipal official can resign273. First office is held under a different government

from that which conferred the second274. Officer is expressly authorized by law to accept

another office275. Second office is temporary

The power to remove by the President is impliedfrom the following (5)276. From his power to appoint277. From the nature of the executive power

exercised by the President, the power to removebeing executive in nature

278. From the Presidents duty to execute the laws279. From the Presidents control of all departments,bureaus and offices

280. From the provision that no officer or employeein the Civil Service shall be removed orsuspended except for cause provided by law


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Limitations on recall (2)281. Any elective local official may be the subject

of a recall election only once during his termof office for loss of confidence

282. No recall shall be held within 1 year from thedate of the officials assumption of office or1 year immediately preceding a regular localelection.

ELECTION LAW

Nature of suffrage (5)283. Suffrage is not a natural right of the citizens

but merely a privilege to be given orwithheld by the lawmaking power subject toconstitutional limitations. It is not necessaryaccompaniment of citizenship. It is grantedto individuals only upon the fulfillment ofcertain minimum conditions deemedessential for the welfare of society.

284. The exercise of the right of suffrage, as inthe enjoyment of all other rights, is notabsolute; it is subject to existing substantiveand procedural requirements provided in theConstitution, statutes, and valid rules andregulations.

285. Suffrage is a right because it is theexpression of sovereign will of the people. Inthe sense of a right covered by theConstitution, suffrage is classified as apolitical right, as well as a bounden duty ofevery citizen, enabling him to participate inthe process of government to assure that ittruly derives its powers solely from the

consent of the governed.286. The right of suffrage is based upon the

theory that the people who bear the burdenof government should share in the privilegeof choosing the officials of the government.The principle is that of one man, one vote.

287. Suffrage as a duty is in the nature of apublic trust and constitutes a voter arepresentative of the whole people. Thisduty requires that the privilege bestowedshould be exercised not exclusively for thebenefit of the citizen/s proferring it but ingood faith and with intelligent zeal for the

general benefit and welfare of the State.

Scope of suffrage (5)288. Referendum289. Recall290. Initiative291. Plebiscite292. Election

Main objective of suffrage (2)293. Continuity of government294. Preservation and perpetuation of its benefits

Two-fold objective of suffrage (2)295. To enable the people to choose their

representatives to discharge sovereign functions,and

296. To determine their will upon such questionssubmitted to them.

According to Art. 1 Section 5 of the Constitution,who may exercise suffrage (6)297. Citizen of the Philippines,298. Not otherwise disqualified by law,299. At least eighteen years of age300. Resided in the Philippines for at least one year301. Resided in the place wherein they propose to

vote, for at least six months immediatelypreceding the election.

302. No literacy, property, or other substantiverequirement shall be imposed on the exercise ofsuffrage

Disabilities of members of the COMELEC, accordingto Art. IX-A Section 2 (4)303. Holds any other office or employment during his

tenure304. Engage in the practice of any other profession or

in the active management or control of anybusiness which in any way may be affected bythe functions of his office

305. Be financially interested, in/directly, in anycontract with, or in any of its subdivisions,agencies, or instrumentalities

Constitutional powers of the COMELEC (9)306. File, upon a verified complaint, or on its own

initiative, petitions in court for ex/inclusion of

voters; investigate and, where appropriate,prosecute cases of violations of election laws,including acts or omissions constituting electionfrauds, offenses, and malpractices.

307. Register, after sufficient publication, politicalparties, organizations, or coalitions which, inaddition, to other requirements, must presenttheir platform or program of government; andaccredit citizens arms of the COMELEC.

308. Recommend to the Congress effective measuresto minimize election spending, includinglimitation of places where propaganda materialsshall be posted, and to prevent and penalize all

forms of election frauds, offenses, malpracticesand nuisance candidates.309. Recommend to the President the removal of any

officer or employee it has deputized, or theimposition of any other disciplinary action, forviolation or disregard or, or disobedience to itsdirective, order or decision.

310. Enforce and administer all laws and regulationsrelative to the conduct of an election, plebiscite,initiative, referendum, and recall.

311. Exercise exclusive original jurisdiction over allcontests relating to the elections, returns, and


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376. Vote- buying and vote- selling377. Use of undue influence378. Use of public funds for an election campaign379. Use of armored land vehicle, water or

aircraft during the campaign period380. Unlawful electioneering

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