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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
B. QUASI-JUDICIAL OR ADJUDICATORY
POWER
Proceedings partake of nature of judicial
proceedings. Administrative body
granted authority to promulgate its own
rules of procedure.
Two necessary conditions:
1. due process; and
2. jurisdiction
C. DETERMINATIVE POWERS
1. enabling permit the doing of an act which
the law undertakes to regulate;
2. directing order the doing or performance
of particular acts to ensure compliance with
the law and are often exercised for
corrective purposes
3. dispensing to relax the general operation
of a law or to exempt from general
prohibition, or relieve an individual or a
corporation from an affirmative duty;
4. examining - also called investigatory power;
5. summary power to apply compulsion or
force against persons or property to
effectuate a legal purpose without judicial
warrants to authorize such actions.
III. EXHAUSTION OF
ADMINISTRATIVE REMEDIES
Whenever there is an available
administrative remedy provided by law,
no judicial recourse can be made until all
such remedies have been availed of and
exhausted.
1. Doctrine of Prior Resort or (Doctrine of
Primary Administrative Jurisdiction)
where there is competence or jurisdiction
vested upon administrative body to act upon
a matter, no resort to courts may be made
before such administrative body shall have
acted upon the matter.
1. Doctrine of Finality of Administrative
Action no resort to courts will be allowed
unless administrative action has been
completed and there is nothing left to be
done in administrative structure.
2. Judicial Relief from Threatened
Administrative Action courts will not
render a decree in advance of
administrative action and thereby render
such action nugatory. It is not for the court
to stop an administrative officer from
performing his statutory duty for fear he will
perform it wrongly.
Effect of Failure to Exhaust Administrative
Remedies: as a general rule, jurisdiction of the
court is not affected but the complaint is
vulnerable to dismissal due to lack of cause of
action.
Exceptions to the Doctrine:
1. doctrine of qualified political agency (when
the respondent is a department secretary
whose acts as an alter ego of the President
bears the implied and assumed approval of
the latter); except where law expressly
provides exhaustion;
2. administrative remedy is fruitless;
3. where there is estoppel on part of
administrative agency;
4. issue involved is purely legal;
5. administrative action is patently illegal,
amounting to lack or excess of jurisdiction;
c.
Modes of review:
1. Statutory;
2. Non-statutory inherent power of the court
to review such proceedings upon questions
of jurisdiction and questions of law;
3. Direct proceeding;
4. Collateral attack.
General Rule: Findings of facts of
Administrative Agencies accorded great weight
by the Courts.
Exceptions to the Rule:
1. factual findings not supported by evidence;
2. findings are vitiated by fraud, imposition or
collusion;
3. procedure which led to factual findings is
irregular;
4. palpable errors are committed; and
5. grave abuse of discretion, arbitrariness or
capriciousness is manifest.
title to the
office
3.
DE JURE
OFFICER
DE FACTO
OFFICER
1. rests on the
right
1. on reputation
2. has lawful or
2. has
3. may be
ousted in a
direct
proceeding
against him.
DE FACTO
OFFICER
INTRUDER
1. officer under
any of the 4
circumstance
s mentioned
1. one who
takes
possession of
an office and
undertakes to
act officially
without any
authority,
either actual
or apparent
2.
has color of
right or title
to office
2. has neither
lawful title
nor color of
right or title
to office
3.
3. acts are
absolutely
void and can
be
impeached in
any
proceeding at
any time
unless and
until he
continues to
act for so
long a time
as to afford a
presumption
of his right to
act
4.
entitled to
compensatio
n for services
rendered
4. not entitled
to
compensatio
n
cannot be
removed in a
direct
proceeding
possession
and performs
the duties
under color of
right without
being
technically
qualified in
all points of
law to act
Ad interim
appointmen
t
Made during
the recess
Made before
such
confirmation
Shall cease to
be valid if
disapproved
by the CA or
upon the next
adjournment
Preventive Suspension
- a precautionary measure so that an
employee who is formally charged of an offense
may be separated from the scene of his alleged
misfeasance while the same is being
investigated (Bautista v. Peralta, 18 SCRA 223)
- need not be preceded by prior notice and
hearing since it is not a penalty but only a
preliminary step in an administrative
investigation (Lastimosa v. Vasquez, 243 SCRA
497)
- the period of preventive suspension cannot
be deducted from whatever penalty may be
imposed upon the erring officer (CSC Resolution
No. 90-1066)
PENDING
INVESTIGATION
[Sec.51,
E.O.292]
PENDING
APPEAL
[Sec.27(4),
E.O. 292]
1. not a penalty
but only a
means of
enabling the
disciplinary
authority to
conduct an
unhampered
investigation.
1. Punitive in
character
2. no
compensatio
n due for the
period of
suspension
even if found
innocent of
the charges.
2. If exonerated,
he should be
reinstated
with full pay
for the period
of
suspension.
1. Appointive Officials
Not a Presidential Appointee (Secs. 41-42, P.D.
807):
a. by whom the proper disciplining
authority may preventively suspend;
b. against whom any subordinate officer
or employee under such authority;
c. when pending an investigation;
d. grounds if the charge against such
officer or employee involves:
i. dishonesty;
ii. oppression or grave misconduct;
iii. neglect in the performance of duty;
or
iv. if there are reasons to believe that
respondent is guilty of the charges
which would warrant his removal
from the service
e. duration 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 151A).
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;
ii. Governor elective official of a
component city or municipality;
iii. Mayor elective official of a
barangay
b. when at any time after the issues are
joined;
c. grounds:
i.
4.
5.
6.
7.
8.
(RA
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
biography of a candidate during campaign
period;
2. Public exhibition of a movie, cinematograph
or documentary portrayed by an actor or
media personality who is himself a
candidate;
3. Use of airtime for campaign of a media
practitioner who is an official of a party or a
member of the campaign staff of a
candidate or political party;
Limitation on Expenses:
1. for candidates:
President and Vice President =
P10/voter;
Other candidates, if with party =
P3/voter;
Other candidates, if without party =
P5/voter.
2. for political parties = P5/voter
Statement of Contribution and Expenses
every candidate and treasurer of political
party shall, within 30 days after day of
election, file offices of COMELEC the full,
true and itemized statement of all
contribution and expenditures in connection
with election.
Election Survey
The SC held that Sec. 5.4 of the Fair Election
Act prohibiting publication of survey results
15 days immediately preceding a national
election and 7 days before a local election
violates the constitutional rights of speech,
expression, and the press because:
it imposes a prior restraint on the
freedom of expression;
It is a direct and total suppression of a
category of expression even though such
QUO
WARRANTO
IN APPOINTIVE
OFFICE
1. determination
is legality of
appointment
2.
court may
determine as
to who among
the parties
has legal title
to office
ELECTION OFFENSES
PRIVATE
CORPORATION
1. established for
purposes of
administration of
civil and local
governments
1. created for
private aim, gain
or benefit of
members
2. creation of
State either by
special or
general act
3. involuntary
consequence
legislation
2. created by will
of incorporators
with
recognizance of
State
3. voluntary
agreement by
and among
members
V. POWERS OF LGUs
Classification of Powers of Local
Government Units
1. Express, implied and inherent;
2. Public or governmental, private or proprietary;
3. Intramural and extramural; and
4. Mandatory and directory; ministerial and
discretionary.
Governmental Powers of LGU:
1. General Welfare (Sec. 16, R.A. 7160)
statutory grant of police power to LGUs. It is
limited to:
a. territoriality;
b. equal protection clause;
c. due process clause; and
d. must not be contrary to law.
2. Delivery of basic services and facilities (Sec.
17, of R.A. 7160);
3. Power to generate and apply resources
(Sec. 18, of R.A. 7160);
4. Eminent Domain (Sec. 19, of R.A. 7160);
Additional Limitations for Exercise by LGU:
a. exercise by local chief executive pursuant
to an ordinance;
b. for public use, purpose or welfare for
benefit of poor and landless;
c. payment of just compensation; and
d. only after valid and definite offer had
been made to, and not accepted by
owner.(Municipality of Paraaque v. V.M.
Realty Corp., 292 SCRA 678)
5. Reclassification of Lands (Sec. 20 of RA
7160)
Limited by following percentage of total
agricultural land area:
a. for HUC and independent component
cities: 15%;
b. for component cities and 1st to 3rd class
municipalities: 10% ; and
c. for 4th to 6th class municipalities: 5%.
6. Closure and opening of roads (Sec. 21 of RA
7160)
In case of permanent closure:
a. adequate provision for public safety must
be made; and
b. may be properly used or conveyed for any
purpose for which other real property may
be lawfully used or conveyed; provided no
freedom park be permanently closed
without provisions or transfer to new site.
7. Local legislative power (Secs. 48-59 of RA
7160)
Approval of ordinances:
a. local chief executive with his signature on
each and every page;
d.