ADMINISTRATIVE LAW

LEGISLATIVE CONTROL

 From decision of the secretary, is there a hard and fast rule that such decision shall be appealed
to the President? No. The rule has shifted from time to time; can appeal to the President and
sometimes directly to the Court of Appeals.
 Congress has vast authority in so far as the creation and abolishment an agency. The President
can do this indirectly; by deactivating the agency (ie transferring the employees to another
agency)
 Congress has power to appropriate funds; unless the former enacts a law to use the government
funds (appropriation act), the latter cannot be used legitimately by any agency whatsoever. OW
automatic adoption of previous year’s funds (recall public corporation topic)
 Prescription of legislative standards
 Congressional oversight powers
 Legislative veto – Allowed? NO. Because of the doctrine of separation of powers. While this is
true, there is also the principle that all laws must conform to all Houses; OW the rule becomes
defective; not all laws actually enacted are termed as Republic Acts, because some of these are
mere joint resolutions of both Houses. Sometimes, legislation is enacted as a joint resolution
and not necessarily an Act.
 What cannot be delegated cannot be further delegated!
 Completeness test and sufficient standard test; which part of the law contains the standard? In
the declaration of policy. It does not have to be expressly stated; it may be implied. What if the
standard cannot be found?
 Valid delegation (recall examples)
 Congress CANNOT delegate legislative power (to enact laws). The power which the law expressly
reserves to the Congress. Only those needing ascertainment of facts to clear any navigable
stream upon any unauthorized actions; the filling in of details; administrative rule-making (must
comply with: 1. Limit to the rule-making power; must be authorized by a specific law; 2. An
existing law cannot be amended or must not be inconsistent with an existing law; 3. It must not
define a criminal act which the law itself does not l regard it as criminal; 4. It must be an
implementation of an existing law; 5. It must not diminish the organic law of the agency)
 Philippine Coconut Authority – the agency would no longer mingle (regulate) but would just
grade; SC – the agency cannot do that; they must regulate, because it is its legal mandate;
because the agency was made for such purpose.
 PUBLICATION REQUIREMENT: Why do you have to file the rules with UP? The law requires UP to
quarterly publish all rules and issuances; purpose – central repository; the courts are required to
have judicial notice; interpretative in nature (the law is already in existence, but the
interpretation is only made known here; policy issuances). Administrative agencies would
sometimes change their policy issuances
- What if it’s penal in character? Can you amend a law prohibiting certain acts? OF COURSE
NOT! But it would be different if THE LAW AUTHORIZES THAT AGENCY THAT VIOLATION OF
 THE IRR OF SUCH LAW SHALL BE CONSIDERED A CRIMINAL OFFENSE (This is not a legislation;
but can you list of acts to be considered as violation?)
 Quasi-legislative – You cannot question any act here; meaning, for as long as that power has
been exercised by the agency pursuant to the organic law, it cannot be questioned, especially if
the policy pertains to some form of wisdom.
 CPA Board Exam Case: PRC has no enough power to implement this rule! 2. It violates the
academic freedom of these people!
 What if it’s a question of quasi-judicial act? The court may substitute its own view, but not to
supersede the decisions of quasi-judicial agencies.
 Proceeding in contested cases – what is the rule in so far as evidence is concerned?
SUBSTANTIAL EVIDENCE is the quantum required. To admit evidence, commonly accepted by
reasonably prudent men in the conduct of their affairs.
 Subpoena – What are the two differences between both types of subpoena (admin or judicial)?
Agpalo: This power need not be found in the law, because it is inherent.
- Administrative law: Not necessarily have to be a product of a case; investigatory power;
inquisitorial! Administrative rules; matters of general concern; both private and public
persons (because again, administrative law is concerned on how private rights may be
protected through public agencies) – must be done discreetly! Can issue a warrant? NO.
ONLY A JUDGE (COURTS) CAN ISSUE; search or arrest warrant. BUT FIRE BUREAUS CAN,
WHY? THIS IS PURSUANT TO THE STATE’S POLICE POWER over the public welfare! Citation
must be issued. In other countries, they require warrants because they have administrative
courts. Here we don’t have it, because we only have judicial courts. NEVERTHELESS, can you
impose sanctions? OF COURSE! In the form of FINES (administrative fines; must be civil and
administrative in character and there must be a law expressly granting this power; criminal
sanctions not allowed!!! If not followed, can you cite contempt? YES, PROVIDED THAT THE
LAW GIVES THAT AUTHORITY; the courts should impose the contempt [Rules of Court])
- Judicial law: In relation to a case; adversarial; Rules of Court; matters brought by the parties;
only private persons
 Violation of due process – Go to court, because this requires HEARING. But can the hearing
requirement be dispensed? Sometimes, you need to impose preventive measures. For example,
a factory is suspected for dispensing poisonous substances; can you dispense with the hearing?
The tribunal must consider the evidence presented! It must be supported by substantial
evidence! The decision must be rendered on the evidence presented or at least be maintained
in the records; must not be a vagrant decision! Records must be disclosed to the parties!
Independent discretion of the judge!

JUDICIAL CONTROL

 Judicial Review
 You always leave a little room for discretion to the interpreters of law, because you cannot
anticipate all possible scenarios that could happen.
February 2, 2019

LOCUS STANDI

 Dacoycoy ruling – Not only the respondent is adversely affected but also the administrative
agency against whose ruling was reversed by the Court of Appeals – it can appeal to the
Supreme Court!!! General rule: Only the respondent can appeal a dismissal.

JUDICIARY FUNCTIONS

 Rule 43, 44, 45 and 65

 Writ of execution – To implement decisions

LAW ON PUBLIC OFFICERS

 Public office – Public trust; implied trust agreement between the public officer as the trustee
and the public as the beneficiary
 When is a public office deemed created? Constitution, statute, etc. Never by mere agreement!!!
 There are 2 concepts – Functional, and within the framework of public administration
 Mekem – Public office; charter test – SC only came into being after the 1935 Constitution – how
about those prior to that constitution? Charter test is only applicable to a certain extent. Red
Cross: Sui Generis. Elements of being a public officer: Receiving compensation from the national
government? But this isn’t real to some public officers; RA 6713. What if one is not receiving
even a centavo? If appointed and elected. But some entered into public office not because of
appointment or election, but because he was a officer of a prestigious school.
Elements of a public office:
1. A right or authority, duty
2. Created by law
3. For a period given by law or authority
4. Sovereign functions of the government conferred by the latter to be exercised as a
public officer
Fernandez v Santo Tomas

- Manner of creation: charter test; Case: Officer of a sequestered corporation (Marcos’)

- Supreme Court: Public office is not something that you can actually have as a vested right or
title; but the Constitution assures that you cannot be deprived of life, liberty, or property
without due process of law; how to reconcile these principles? PUBLIC OFFICE IS NOT
PROPRIETY, you cannot bequeath it to your children – it is a personal privilege!!!
- Teachers, doctors… are exempted from nepotism! Other positions require qualifications and
election/appointment.
Before holding a public office, FIRST REQUIREMENT is VACANCY. Kinds of vacancies: death, resignation,
removal, dismissal, creation of another office (recall pub corp!!!) Nature abhors a vacuum!!! Meaning,
casual is not preferred, permanency is to fill up the vacancy! PUBLICATION is the second requirement; if
you fail to publish the vacant positions, this is a legal violation. SELECTION PROCESS: There will be a
written exam, panel interview, another exam…

APPOINTMENT – Process of selection; but one has to possess all the qualifications and none of the
disqualifications … EXPERIENCE, ELIGIBILITY, EDUCATION, TRAINING!!! There are qualification standards!
Experience depends on a case to case basis!!! Eligibility – One should have passed the CSC exam! Except
board and bar passers!!! Practice of profession – Only certified professionals can practice a public office!
If you are barangay official, you can be eligible after your term (except the Tanod) – the President has to
approve; SK chairman is eligible; Honor students!!! Training – Can be learned! Different positions call for
different qualifications (Division chiefs need to attain masterals!!! But a MD and LLB are equivalent to a
master’s degree! But you cannot practice another profession!)

- THE LGC HAS ADDED ANOTHER REQUIREMENT: RESIDENCY!!! How about the age? AGE
MATTERS!!! Case to case basis – competitiveness when it comes to training is taken into
consideration (ie a 35 year old is too late to train for police! A 64 year old can still work for
the government because the retirement age is 65 years old!!!) General rule: 18 years old!!!
- CITIZENSHIP MATTERS! HOW ABOUT FOREIGN NATIONALS??? Frivaldo case? APPOINTED
OFFICIALS --- FOREIGNERS ARE NOT ALLOWED!!!

APPOINTMENT IS POLITICAL IN NATURE, MUST BE EXERCISED BY A POLITICAL AUTHORITY –

MUST BE EXERCISED IN THE BEST LIKES OF THE APPOINTING AUTHORTIY… SUCH THAT AN
APPOINTED PERSON CANNOT BE FAULTED JUST BECAUSE SOME OTHER PERSON IS BETTER
QUALIFIED!!!

Loigo case – Protest; SC: Appointment is political in nature. FILING OF THE PROTEST IS
ALLOWED, BUT THE APPOINTMENT CANNOT BE FAULTED!!! ESPECIALLY WHEN ONLY MINIMUM
LEGAL REQUIREMENTS ARE ASKED!!! But of course, discretion is also applicable! The instance
used by Atty Bacatan is the hiring of a house maid. Before, those who topped the boards are
given endorsements. Until now, though, political considerations are really influential when it
comes to this!

 QUALIFICATIONS MUST BE POSSESSED AT THE DATE OF THE ISSUE OF THE APPOINTMENT!!!

 What if you’re an engineer and at the same time you have other eligibilities? If you lose your
license, and the appointment only requires career practice and not a practice of profession?
Answer: Actually there has not been jurisprudence on this yet. But he is still eligible. The
Supreme Court cannot act on this, because it is not a justiciable question but a political one.
How about if you are an administrator? Your being a professional should be separated from
being your administrator. But this is not absolute, because your ineligibility on the former can be
ground for an administrative action against you on the latter. If your position involves practice
 of possession, if you lose your license on that, such can be ground for you being moved out from
your position.
 DESIGNATION IS NOT APPOINTMENT. BUT SC SAYS THE FORMER IS A SPECIE OF THE LATTER.
Imposition of additional duties without corresponding increase in renumeration or salary; that is
designation. Designee’s consent is not necessary; designation makes one carry out a ministerial
duty. Why should one accept it? It is only a development in promotion. But in appointment,
acceptance is required; consent is required. How? OATH OF OFFICE!!! IT HAS TO BE SUBMITTED
TO THE CSC FOR ATTESTATION!!!
 CONGRESS SENATE APPOINTMENT: AD INTERIM AND REGULAR!!! Take note of the cases!!!
Guevara v Inocentes (1966); Matibag v Benipayo (2002); and Rosales v Yengco (1965)
- Unless and until the Congress concurs your appointment; no limit in reappointment. If your
appointment is by-passed you can still be reappointment, but if it is denied, you cannot be
reappointed!!! If constitutional committee appointee, you are impeachable and cannot be
removed by any other means!!!
 3 Constitutional Commissions – Unique!!! They observe a ROTATIONAL SCHEME (3-5-7 Rule)
The first set will serve 3 years, the second 5, and then the third 7 years… At any given time there
must be a senior member in each commission. UNA v VILLAR (Compare with Matibag v
Benipayo) --- Can a Commissioner be appointed as Chairman? Una case finally says yes, for as
long as the rotational scheme is not disrupted. The rotational scheme is a sacrosanct!!! LEAVE
SOMEBODY BEHIND IN ROTATIONAL SCHEMES!!!
 CIVIL SERVICE encompasses everything. Career and non-career service. Open-career system –
enter office based on qualification; close-career system – includes institutional faculty; requires
eligibility; state universities need no civil service exam – have a separate merit system – not
based on the civil service exam (teaching and non-teaching admin [required to pass the civil
service exam]) but the former requires a MASTER’S DEGREE vertical aligned to what one is
teaching!!! But this is only for the academic side.
 Career Executive Service – 3 levels. Highest: 3rd level – 1st level (lowest) (Take note of the
officers!!!)
- Appointed by President refer to only positions identified by the CES Board as 3rd level
(Directors belonged to the 3rd level formerly) – now all of them must be Presidential
appointees. Are they all part of the 3rd level service? NO. Prosecutors belong to the 2nd level
but they are Presidential appointees. Will salary grade matter? NO. 1st level – some of them
have salary grade 26. It does not matter!!!
- Foreign Service Officer exam – For those who aspire to be diplomats!!!
- Uniform Service – Not part of the armed forces; merely civilians!!!

CAREER SERVICE CHARACTERISTICS: MERIT AND FITNESS; OPPORTUNITY FOR

PROMOTION/GROWTH; SECURITY OF TENURE!!! Tenure is limited only by statutory period –
limited to the, e.g. span of the project

- 3 EXCEPTIONS TO THE MERIT AND FITNESS RULE: Highly confidential, policy-determining

and highly technical!!!
 - Highly confidential appointments – Appointment is based other than M and E but requires
trust and confidence, more than ordinary confidence but one that requires freedom of
intercourse (Mallari case) – conversation; discussion; freedom to talk about anything under
the sun

KINDS OF APPOINTMENTS: Permanent and temporary (EO 292)

- Permanent: Only issued when the appointee meets all qualifications; fully-qualified
- Temporary: Only when the appointee does not meet the eligibility requirements

CIVIL SERVICE HAS POWER TO RECALL on its own initative an appointment initially approved on any of
the following grounds:

1. Non-compliance with the procedures/criteria provided in the agency’s merit promotion plan;
2. Did not pass through the agency’s selection/promotion board;
3. Violation of the existing collective agreement between the management and employees relative
to promotion; or
4. Violation of other existing civil service law, rules and regulations.

NATURE OF LGU DEPARTMENT HEAD APPOINTMENT

- Concurrence is required; RECALL PUBCORP NOTES!!! Appointment and acceptance!!!

POWER TO APPOINT CARRIES WITH IT THE POWER TO DISCIPLINE

- Administrative sanctions: Ombudsman, CSC

- CONCURRENT JURISDICTIONS: For the three levels, agency is yes but the third is qualified;
in the Ombudsman, all three levels are under its jurisdiction; in the CSC, only the 1st and 2nd
levels are under it; in the Office of the President, only the 3rd level is under it. Elected
officials are under only the Ombudsman and the Office of the President (qualified). The
judiciary is under an agency (Supreme Court) EXCLUSIVELY!!! ONLY THE CSC exercises
appellate jurisdiction!!! The decisions of the Ombudsman are appealable directly to the
CA.