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procedure:
a. notice and hearing generally, not
required; only when:
i. the legislature itself requires it and
mandates that the regulation shall be
based on certain facts as determined at
an appropriate investigation;
ii. the regulation is a settlement of a
controversy between specific parties;
considered
as
an
administrative
adjudication
(Cruz,
Philippine
Administrative Law, p.42 - 43); or
iii. the administrative rule is in the nature
of subordinate legislation designed to
implement a law by providing its details
(CIR v. Court of Appeals, 261 SCRA
236).
b. publication
4. Reasonable
Requisites for Validity of Administrative Rules
With Penal Sanctions:
1. law itself must declare as punishable the
violation of administrative rule or regulation;
2. law should define or fix penalty therefor; and
3. rule/regulation must be published.
Doctrine of Subordinate Legislation power of
administrative agency to promulgate rules and
regulations on matters of their own specialization.
Doctrine of Legislative Approval by Re-enactment
- the rules and regulations promulgated by the
proper administrative agency implementing the law
are deemed confirmed and approved by the
Legislature when said law was re-enacted by later
legislation or through codification. The Legislature
is presumed to have full knowledge of the contents
of the regulations then at the time of reenactment.
QUASILEGISLATIVE
FUNCTIONS
QUASIJUDICIAL
FUNCTIONS
1. consists of
issuance of
rules and
regulations
1. refers to its
end product
called order,
reward or
decision
2. general
applicability
2. applies to a
specific
situation
3. prospective;
it envisages
the
promulgation
of a rule or
regulation
generally
applicable in
the future
3. present
determinatio
n of rights,
privileges or
duties as of
previous or
present time
or
occurrence
DE FACTO
OFFICER
3. may
be
ousted in a
direct
proceeding
against him.
DE FACTO
OFFICER
INTRUDER
4. not entitled
to
compensation
COMMENCEMENT
RELATIONS:
1. by appointment; or
2. by election
OF
OFFICIAL
written
evidence
of
Ad
interim
appointment
Made during
the recess
Made before
such
confirmation
Shall cease to
be valid if
disapproved
by the CA or
upon the next
adjournment
Exceptions:
1. statutory liability under the Civil Code
(Arts. 27, 32 and 34);
2. When there is a clear showing of bad faith,
malice or negligence (Administrative Code
of 1987);
3. liability on contracts; and
4. liability on tort .
Threefold Liability Rule wrongful acts or
omissions of public officers may give rise to
civil, criminal, and administrative liability.
(CAC liability rule)
Liability of Ministerial Officers:
1. Nonfeasance neglect or refusal to
perform an act which is officers legal
obligation to perform;
2. Misfeasance failure to use that degree of
care, skill and diligence required in the
performance of official duty; and
3. Malfeasance doing, through ignorance,
inattention or malice, of an act which he
had no legal right to perform.
Doctrine of Command Responsibility
A superior officer is liable for acts of a
subordinate when: (ERCAL)
1. he negligently or willfully employs or
retains unfit or incompetent subordinates;
2. he negligently or willfully fails to require
subordinate to conform to prescribed
regulations;
3. he negligently or carelessly oversees
business of office as to furnish subordinate
an opportunity for default;
4. he directed or authorized or cooperated in
the wrong; or
5. law expressly makes him liable.
Preventive Suspension
- a precautionary measure so that
employee who is formally charged of
offense may be separated from the scene
his alleged misfeasance while the same
being investigated (Bautista v. Peralta,
SCRA 223)
an
an
of
is
18
PENDING
APPEAL
[Sec.27(4), E.O.
292]
1. not a penalty
1. Punitive in
2. no
2. If
but only a
means of
enabling the
disciplinary
authority to
conduct an
unhampered
investigation.
compensation
due for the
period of
suspension
even if found
innocent of
the charges.
character
exonerated,
he should be
reinstated
with full pay
for the period
of
suspension.
the
administrative
investigation must be terminated
within 90 days; otherwise, the
respondent shall be automatically
reinstated unless the delay in the
disposition of the case is due to the
fault, negligence or petition of the
respondent, in which case the period of
delay shall not be counted in
computing the period of suspension.
A Presidential Appointee:
a. can only be investigated and removed
from office after due notice and
hearing by the President of the
Philippines under the principle that
the power to remove is inherent in the
power to appoint as can be implied
from Sec. 5, R.A.2260 (Villaluz v.
Zaldivar, 15 SCRA 710).
b. the Presidential Commission Against
Graft and Corruption (PCAGC) shall
have the power to investigate
administrative
complaints
against
presidential
appointees
in
the
executive
department
of
the
government, including GOCCs charged
with graft and corruption involving one
or a combination of the following
criteria:
i. presidential appointees with the
rank equivalent to or higher than an
Assistant Regional Director;
ii. amount involved is at least P10M;
iii. those which threaten grievous harm
or injury to the national interest;
and
iv. those which may be assigned to it
by the President (E.O. No. 151 and
151-A).
2. Elective Officials: (Sec 63, R.A. 7160)
a. by whom against whom
i. President elective official of a
province, a highly urbanized or an
independent component city;
2. Right to Salary
Basis: legal title to office and the fact
the law attaches compensation to the
office.
Salary compensation provided to be
paid to public officer for his
services.
Preventive Suspension public officer
not entitled during the period of
preventive suspension, but upon
exoneration and reinstatement he must
be paid full salaries and emoluments
during such period.
Back salaries are also payable to an
officer illegally dismissed or otherwise
unjustly deprived of his office the right
to recover accruing from the date of
deprivation. The claim for back salaries
must be coupled with a claim for
reinstatement and subject to the
prescriptive period of one (1) year.
(Cruz, Law on Public Officers, p126126)
Forms of Compensation:
a. salary personal compensation to
be paid to public officer for his
services and it is generally a fixed
annual or periodical payment
depending on the time and not on
the amount of the service he may
render;
b. per diem allowance for days
actually spent in the performance
of official duties;
c. honorarium something given as
not as a matter of obligation, but in
appreciation for services rendered;
d. fee payment for services rendered
or on commission on moneys
officially passing through their
hands; and
e. emoluments profits arising from
the
office,
received
as
compensation for services or which
is annexed to the office as salary,
fees, or perquisites.
3. Right to Preference in Promotion
Promotion movement from one
position to another with increase in
When
ELECTION LAW
I.SUFFRAGE
- right to vote in election of officers
chosen
by
people
and
in
the
determination of questions submitted to
people. It includes:
1. election;
2. plebiscite;
3. initiative; and
4. referendum.
3.
4.
5.
6.
Nuisance Candidate
COMELEC may motu propio or upon
petition of interested party, refuse
to give due course to or cancel
certificate of candidacy if shown
that said certificate was filed:
1. to put election process in mockery or
disrepute;
2. to cause confusion among voters by
similarity
of
names
of
registered
candidates;
3. by other circumstances or acts which
demonstrate that a candidate has no bona
fide intention to run for office for which
certificate has been filed, and thus prevent
a faithful determination of true will of
electorate.
IV. FAIR ELECTIONS ACT OF 2001 (RA 9006)
Lawful election Propaganda (sec. 3):
1. Written/Printed Materials (does not exceed
8 in. width by 14 in. length)
2. Handwritten/printed letters
3. Posters (not exceeding 2 x 3 ft.)
3 by 8 ft. allowed in announcing, at
the site and on the occasion of a
public meeting or rally, may be
displayed 5 days before the date of
rally but shall be removed within 24
hours after said rally.
4. Print Ads
page in broadsheets and page
in tabloids thrice a week
per
newspaper, magazine or other
publication during the campaign
period
5. Broadcast Media (i.e. TV and Radio)
NATIONAL
POSITIONS
LOCAL
POSITIONS
1. 120
minutes
for TV
1. 60
minutes
for TV
2. 180
minutes
for Radio
2. 90
minutes
for Radio
Prohibited Campaign
1. Public exhibition of movie, cinematograph
or documentary portraying the life or
from
ELECTION OFFENSES
Declaration of Policy:
1. Territorial and subdivisions of State shall
enjoy genuine and meaningful local
Classes of Corporation:
1. Quasi-corporation public corporations
created as agencies of State for narrow
and limited purposes.
2. Municipal corporation body politic and
corporate constituted by incorporation of
inhabitants of city or town purposes of
local government thereof or as agency of
State to assist in civil government of the
country.
3. Quasi-public corporation
private
corporation that renders public service or
supplies public wants.
PUBLIC
CORPORATION
PRIVATE
CORPORATION
1. established for
purposes
of
administration of
civil and local
governments
1. created for
private aim, gain
or benefit of
members
(ii)