Dear all,

In compliance with instructions/directives from the Dean’s office to the law faculty to ensure continued
learning during the quarantine period, here is how we will proceed:

1. I am sending you a revised version of Admin V reading assignment and I want you to digest in
handwritten form ALL the cases cited therein to be submitted on April 16. I expect quality digests which
will be graded accordingly and which shall form part of your midterm grades. We will no longer discuss
the cases on April 16 but only the comments of De Leon on judicial review.

2. I am also sending you Admin VI reading assignment which shall also be taken up in its entirety on April
16.

3. Midterm exam will be on April 23.

4. If the lockdown period goes beyond April 16, we may have to forego with the midterm exam and
continue with special assignments and just have a final exam with a 50-50 split to determine your final
grade. Midterm grade will consist of your grades in recitation, special assignments and attendance.

In the meantime, stay safe and healthy everyone.

Thank you.

JGOracion

Admin(V)

A. Review of past lesson on administrative proceedings, administrative due process.

Read: Paat vs. CA, G.R. No. 111107 (Disregard the 2nd issue on the legality of the seizure and forfeiture
of the truck)

Judicial Review of or Reliefs against Administrative Actions( Read De Leon’s notes and comments)

1. Policy of the courts in general

a. Non-interference unless there is a clear showing of whimsical exercise of judgment or grave abuse of
discretion amounting to lack of jurisdiction

2. Right to judicial review

a. Right granted by statute or where review a matter of right under the Constitution(Section 1, Article
VIII of the 1987 Philippine Constitution)

b. Where right of review not provided by statute

Read: San Miguel Corporation vs. Secretary of Labor, 64 SCRA 57

3. Conclusiveness of administrative findings

a. Factual findings supported by substantial evidence

Read: Board of Medical Education vs. Alfonso, 176 SCRA 304

Lovina vs. Moreno, 2 SCRA 898

b. Only administrative actions which have attained finality are subject to judicial review

4. Division of functions between courts and administrative agencies

a. Doctrine of primary jurisdiction, concept and application

Read: Villaflor vs. CA, G.R. No. 95694, IEI vs. CA, G.R. No. 8850,Nestle Philippines vs. Uniwide Sales,
Inc.,G.R. No. 174674

b. Doctrine of exhaustion of Administrative remedies, concept and application and exceptions thereto

Read: Catipon vs. Japson, G.R, No. 191787, Corriga vs. Defensor, G.R. No. 139302

5. Statutory methods of review

a. Appeal

Read: Secretary of Agriculture and Natural Resources vs. Judge of Court of First Instance, 97 Phil. 125

b. Certiorari

Read: Collector of Internal Revenue vs. Aznar, G.R. No. L-10370

Admin(VI)

For the course on law on public officers, we will use as primary reference the book written by Hector De
Leon, Sr., entitled. The Law on Public Officers and Election Law,2008 edition. Familiarize yourselves with
the constitutional provisions cited in the reading assignment so as to facilitate discussion in our next
meeting.

Preliminary:

1. Review of past lesson on primary jurisdiction and exhaustion of administrative remedies and
exceptions thereto.

2. Statutory methods of review and the assigned cases..

3. Permissible delegation of legislative power under the Constitution to the President(Sections 23 and
24,Article VI, Constitution) and to local governments (Sections 3,5 and 10, Article X, Constitution)

The Law on Public Officers

1. General principles

Definition of public office, Read: Aparri vs. CA, G.R. No. L-30057

Definition of public officer- Art.203, Revised Penal Code, Art. 2,RA 3019

Constitution, Article XI, Section 1

Creation:

a. Constitution-e.g., Office of The President

b. Law-e.g., Securities and Exchange Commission

c. Authority of law-e.g., Davide Commission

What distinguishes an office from an employment, Read: Laurel vs. Desierto, G.R. No. 145638

2. Eligibility and Qualification requirements

a. In general

1). Where office is created by law, Congress has the power to prescribe qualifications to and
disqualifications from such office provided they do not violate the Constitution.

2). Where office is created by the Constitution, the general rule is the criteria prescribed for qualification
and disqualification is exclusive.

Qualifications prescribed for certain officers by the Constitution:

Sections 2 and 3,Art. VII, Sections 3 and 6, Art. VI, Section 7(1),7(3),Art. VIII, Sec.1(1), Art. IX-C, Sec. 8,
Art. IX

b. Formal qualifications must be possessed not only at the time of appointment or election but during
the officer’s tenure and may be challenged when lost.

Read: Labo vs. COMELEC, G.R. No. 16808

b. Oath of office is a qualifying requirement for a public office.

c. Disqualifications

-General disqualifications under the Constitution-Sec.6, Sec. 7(1) and Sec. 7(2) of Art. IX-B, Sec. 13, Art.
VI, Sec. 12, Art. VIII, Sec. 2, Art. IX-A, Secs. 8 and 11,Art. IX
-Special disqualifications under the Constitution

Sec. 13, Art. VII, Read: Civil Liberties Union vs. Executive Secretary, 194 SCRA 317

Consecutive terms-Sections 4 and 7, Art. VI

Previous term-Sec. 4,Art. VII, Sec. 11, Art.XI,

3. Modes of acquisition

a. Election

b. Appointment- Read: Borromeo vs. Mariano, G.R. No. 16808 (majority opinion and appointment issue
only)

Appointment by the President- Constitution, Article VIII, Section 16

Categories :

1).Regular or those made when Congress is in session

2).Ad interim or those made when congress is not in session.

3). De facto officers doctrine

Read: General Manager, PPA vs. Monserate, G.R. No. 129616

4. Powers, Duties and Norms of Public Officers

a. Scope of powers- Read: Lo Cham vs. Ocampo, G.R. No. L-831, RCPI vs. Santiago, 58 SCRA 493

b. Ministerial vs. Discretionary power- Read: Miguel vs. Zulueta, G.R. No. L-19869, Aprueba vs. Ganzon,
G.R. No. L-20867

c. Norms of conduct

1) Duty to make financial disclosures- Read: Morfe vs. Mutuc, G.R. No. L-30057

2) Public Disclosure of Assets and Liabilities under the Code of Conduct and Ethical Standards for Public
Officials

3) Specific duties such as acting promptly on letters and requests in accordance with the Anti- Red Tape
Law (ARTA)

5. Rights and Privileges of Public Officers

a. Right to compensation and prohibition against double compensation

b. Right to Self-organization-Constitution, Article XI-B, Section 2(5), Article III, Section 8, Article XIII,
Section 2(par.2)

c. Prohibited mass and concerted actions acts such as strikes, slowdown, sitdown and mass leave that
result to stoppage or disruption of public service

JGOracion