Admin Law principle year 2013
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Pat-og, Sr vs. Civil Service Commission G.R. No. 198755 June 5, 2013 Administrati ve Ofense T o constitute an administrative ofense, misconduct should r elate to or be connected with the perormance o the ocial unctions and duties o a public ocer. Pat-og, Sr vs. Civil Service Commission G.R. No. 198755 June 5, 2013 Administrative Due Process The essence o due proc ess is simply to be hear d, or as applied to administrative procee dings, a air and reasonable opportunity to eplain one!s side, or an opportunity to see" a reconsideration o the action or ruling complained o. Decena vs. Malanyaon A.M. No. RTJ-10-2217 April 8, 2013 Administrative Due Process #n administrative cases, the re$uir ement o due process is satis%ed whenever the parties are aforded the ail and reasonable opportunity to eplain their side o the controversy, either through oral arguments or through pleadings. Philippine Amusement and Gaming Corporation (PAGCO! vs. Mar"ue# G.R. No. 191877 June 18, 2013 Administrative Due Process The essence o due proc ess in administrative pr oceedings is that a party be aforded a reasonable opportunity to be heard and to submit any evidence he may have in support o his deense.
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Transcript of Admin Law principle year 2013
8/9/2019 Admin Law principle year 2013
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Pat-og, Sr vs. Civil Service CommissionG.R. No. 198755
June 5, 2013
Administrative Ofense
To constitute an administrative ofense, misconduct should relate to orbe connected with the perormance o the ocial unctions and duties o apublic ocer.
Pat-og, Sr vs. Civil Service CommissionG.R. No. 198755
June 5, 2013
Administrative Due Process
The essence o due process is simply to be heard, or as applied toadministrative proceedings, a air and reasonable opportunity to eplainone!s side, or an opportunity to see" a reconsideration o the action or rulingcomplained o.
Decena vs. Malanyaon A.M. No. RTJ-10-2217
April 8, 2013
Administrative Due Process
#n administrative cases, the re$uirement o due process is satis%edwhenever the parties are aforded the ail and reasonable opportunity toeplain their side o the controversy, either through oral arguments orthrough pleadings.
Philippine Amusement and Gaming Corporation (PAGCO! vs.Mar"ue#
G.R. No. 191877
June 18, 2013
Administrative Due Process
The essence o due process in administrative proceedings is that aparty be aforded a reasonable opportunity to be heard and to submit anyevidence he may have in support o his deense.
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eyes vs. Commission on $lectionsG.R. No. 207264 June 25, 2013
Administrative Proceedings
One may be heard, not solely by verbal presentation but also, andperhaps many times more creditably and predictable than oral argument,through pleadings.
Ga%riel vs. amos A.M. No. P-06-2256
April 10, 2013
Administrative &omplaints
The dismissal o the criminal complaint does not afect theadministrative case arising rom the same incident which gave rise to saidcriminal case.
&he Special Audit &eam, Commission on Audit vs. Court o' AppealsG.R. No. 174788 April 11, 2013
Doctrine o 'haustion o Administrative (emedies
The general rule is that beore a party may see" the intervention o thecourt, he should %rst avail o all the means aforded him by administrativeprocesses.
e )etter-Complaint o' Merlita *. +a%iana Against Presiding ustice Andres *. eyes, r., etc.,et al.
A.M. No. CA-13-51-J
Jul 2, 2013
)uantum o Proo in Administrative Proceedings
#n administrative proceedings, the burden o substantiating thecharges alls on the complainant who must prove her allegations in thecomplaint by substantial evidence.
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eyes vs. Commission on $lections
G.R. No. 207264 June 25, 2013
)uantum o Proo in Administrative Proceedings
*iew that in administrative cases, the $uantum o proo re$uired issubstantial evidence.
Philippine Amusement and Gaming Corporation (PAGCO! vs.Mar"ue#
G.R. No. 191877 June 18, 2013
)uantum o Proo in Administrative Proceedings
Administrative proceedings are governed by the +substantial evidencerule- As de%ned, substantial evidence is such relevant evidence as areasonable mind may accept as ade$uate to support a conclusion
$ncinas vs. Agustin, r.
G.R. No. 187317 April 11, 2013
(es udicata
#n order that res /udicata may bar the institution o a subse$uentaction, the ollowing re$uisites must concur0
a. The ormer /udgement must be %nal-b. #t must have been rendered by a court having /urisdiction over the
sub/ect matter and the parties-
c. #t must be a /udgement on the merits- andd. There must be between the %rst and the second actions identity o
parties, identity o sub/ect matter, and identity o cause o action
The doctrine o res /udicata applies only to /udicial or $uasi1/udicialproceedings, and not to the eercise o administrative powers
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Orais vs. AlmiranteG.R. No. 181195
June 10, 2013
Administrative Agencies
Decisions o administrative agencies which are declared %nal andunappealable by law are still +sub/ect to /udicial review i they ail the test oarbitrariness, or upon proo o grave abuse o discretion, raud or error olaw, or when such administrative or $uasi1/udicial bodies grosslymisappreciate evidence o such nature as to compel a contrary conclusion,the &ourt will not hesitate to reverse the actual %ndings.
