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Pa 107 Notes in Administrative LAW
Pa 107 Notes in Administrative LAW
LAW
ADMINISTRATIVE LAW 3. Promulgated in accordance with the
- Branch of public law that fixes the prescribed procedure:
organization of the government and a. notice and hearing – generally,
determines competence of authorities not required; only when:
who execute the law and indicates to i. the legislature itself requires
the individual remedies for the violations it and mandates that the
of his rights. regulation shall be based on
certain facts as determined
I. ADMINISTRATIVE BODIES OR at an appropriate
AGENCIES investigation;
ii. the regulation is a
- A body, other than the courts and settlement of a controversy
the legislature, endowed with quasi- between specific parties;
legislative and quasi-judicial powers for considered as an
the purpose of enabling it to carry out administrative adjudication
laws entrusted to it for enforcement or (Cruz, Philippine
execution. Administrative Law, p.42 -
43); or
How Created: iii. the administrative rule is in
1. by constitutional provision; the nature of subordinate
2. by legislative enactment; and legislation designed to
3. by authority of law. implement a law by
providing its details (CIR v.
II. POWERS OF ADMINISTRATIVE Court of Appeals, 261 SCRA
BODIES: 236).
1.Quasi-legislative or rule-making b. publication
power; 4. Reasonable
2.Quasi-judicial or adjudicatory power;
and Requisites for Validity of
3.Determinative powers. Administrative Rules With Penal
Sanctions:
A. QUASI-LEGISLATIVE OR RULE- 1. law itself must declare as punishable
MAKING POWER the violation of administrative rule
In exercise of delegated legislative or regulation;
power, involving no discretion as to 2. law should define or fix penalty
what law shall be, but merely therefor; and
authority to fix details in execution 3. rule/regulation must be published.
or enforcement of a policy set out in
law itself. Doctrine of Subordinate Legislation –
Kinds: power of administrative agency to
1. Legislative regulation promulgate rules and regulations on
a. Supplementary or detailed matters of their own specialization.
legislation, e.g. Rules and
Regulations Implementing Doctrine of Legislative Approval by Re-
the Labor Code; enactment - the rules and regulations
b. Contingent regulation promulgated by the proper
2. Interpretative legislation, e.g. administrative agency implementing the
BIR Circulars law are deemed confirmed and approved
by the Legislature when said law was re-
Requisites for valid exercise: enacted by later legislation or through
1. Issued under authority of law; codification. The Legislature is presumed
to have full knowledge of the contents of
the regulations then at the time of re-
2. Within the scope and purview of the enactment.
law;
General Rule: not liable for injuries Under the Revised Admin. Code of
sustained by another as a consequence 1987, A Superior Officer shall be
of official acts done within the scope of liable for acts of subordinate officers
his authority, except as otherwise only if he has actually authorized be
provided by law. written order the specific act or
A Public Officer shall not be civilly misconduct complained.
liable for acts done in the Subordinate officers are also liable
performance of his duties for willful or negligent acts even if
he acted under orders if such acts
are contrary to law, morals, public
Exceptions: policy and good customs
NOTES IN ADMINISTRATIVE LAW
N O T E S I N P A 1 0 7 A D M I N I S T R A T I V E L A W P a g e | 10
ELECTION LAW
NOTES IN ADMINISTRATIVE LAW
N O T E S I N P A 1 0 7 A D M I N I S T R A T I V E L A W P a g e | 15
COMELEC either motu proprio or upon the most immediate means of securing
a verified petition by any interested their adoption, regularly nominates and
party when there is violence, supports certain of its leaders and
terrorism, loss or destruction of members as candidate in public office.
election paraphernalia or records, (Bayan Muna v. Comelec, GR No. 147613,
force majeure, or other analogous June 28, 2001)
cause of such a nature that the
holding of a free, orderly and honest To acquire juridical personality
election becomes impossible in any and to entitle it to rights and
political subdivision. (Sec. 5, B.P. privileges granted to political
881) parties, it must be registered
with COMELEC
The COMELEC shall call for the
holding of the election on a date policies for the general conduct
reasonably close to the date of of government and which, as the
the election not held, most immediate means of
suspended, or which resulted in securing their adoption,
a failure to elect but not later regularly nominates and supports
than 30 days after the cessation certain of its leaders and
of the cause for such members as candidate in public
postponement or suspension of office. (Bayan Muna v. Comelec,
the election or failure to elect. GR No. 147613, June 28, 2001)
(Sec. 5, B.P. 881)
To acquire juridical personality
Qualification for Suffrage: and to entitle it to rights and
1. Filipino citizen; privileges granted to political
2. At least 18 years of age; parties, it must be registered
3. Resident of the Philippines for at with COMELEC.
least one year;
4. Resident of place where he proposes Groups Disqualified for Registration:
to vote for at least 6 months; and 1. religious denominations or sects;
5. Not otherwise disqualified by law. 2. those who seek to achieve their
goals through violence or unlawful
Disqualification: means;
1. person convicted by final judgment 3. those who refuse to uphold and
to suffer imprisonment for not less adhere to Constitution; and
than 1 year, unless pardoned or 4. those supported by foreign
granted amnesty; but right governments.
reacquired upon expiration of 5
years after service of sentence; Grounds for Cancellation of
2. person adjudged by final judgment Registration:
of having committed any crime
involving disloyalty to government or 1. accepting financial contributions
any crime against national security; from foreign governments or their
but right is reacquired upon agencies; and
expiration of 5 years after service of 2. failure to obtain at least 10% of
sentence; and votes casts in constituency where
3. insane or incompetent persons as party fielded candidates.
declared by competent authority
(Sec. 118, OEC).