Diaz, Jayson Paolo DM.

Administrative Law, Law on Public Officers and Election Law

2nd Year John Wesley School of Law and Governance

1. Doctrine of Delegation of legislative power

The grant of authority by the legislature to the administrative agencies to issue

rules and regulation on how the law entrusted to the will be implemented and
enforced.

2. Due Process

Principle that the government shall respect every persons legal right to notice
and hearing when the government deprives a person of life, liberty or property.

Substantive Process responsiveness to the supremacy of reason, obedience

to the dictates of justice.

Procedural Process Compliance with the requirements of notice and hearing

and being heard by an impartial judge.

3. Exhaustion of administrative remedies

Recourse through court action cannot prosper until all remedies have been
exhausted in the administrative level.

4. Special Actions

Certiorari A special civil action against a tribunal, board or officer exercising

judicial or quasi-judicial function who acted grave abuse of discretion
amounting to lack or excess jurisdiction.

Prohibition A remedy against any tribunal, board or officer to restrain the doing
of some act about to be done.

Mandamus A remedy to compel any tribunal, board or officer when they

neglects the performance which law vested from their office to do
the act required.

Quo Warranto A proceeding to determine the right to use or exercise of an

office and to oust the holder from its enjoyment.

5. Who are impeachable officers?

Under Art. XI Sec. 2, the impeachable officers are the following:

1. President;
2. Vice-President;
3. Members of the Supreme Court;

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 Diaz, Jayson Paolo DM.
Administrative Law, Law on Public Officers and Election Law
2nd Year John Wesley School of Law and Governance

4. Members of the Constitutional Commissions;

5. Ombudsman.

6. Authority of the Ombudsman

1. The authority to grant immunity from criminal prosecution

2. Disciplinary authority over all elective and appointive officials
3. Authority to investigate and prosecute.

7. What quantum of evidence is required in administrative proceedings?

The evidence required to support a decision in administrative proceeding is only

substantial evidence. Substantial evidence means more than a scintilla but may
be somewhat less than preponderance.

8. Who are natural born citizens?

Those who are citizens of the Philippines from birth without doing any act to
acquire Philippine Citizenship.

Those born before January 17, 1973 of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority.

9. Who are nuisance candidate?

One whose certificate of candidacy is presented and filed to cause confusion

among the electorate by the similarity of the names of the registered candidates
or other names which shows that the candidate had no intention to run.

10. COMELEC being an independent body? Explain significance.

Measures have been provided to make COMELEC independent and beyond

executive control, legislative to abolish and Supreme Court to supervise.

These are:

A) Chairman and Commissioners are given fixed terms;

B) Salaries shall not be decreased during their tenure;
C) Shall not hold other office or practice any profession; and
D) Can only be removed by impeachment.

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