COURSE OUTLINE IN ADMINISTRATIVE LAW,
LAW ON PUBLIC OFFICERS & ELECTION LAW
(Every Wednesday, 4:30 pm 7:30 pm)
A. Classroom rules:
1. Attendance will be checked at the beginning of every meeting.
2. Recitation will be conducted every meeting. Students are expected,
therefore, to come to class prepared and to have read the materials
scheduled to be covered during the meeting. When a student is
reciting, the rest of the class is expected to listen to him. Students are
encouraged to participate in the discussion by asking questions.
3.
A student who is called to recite is expected to close his book
during his recitation.
3. Electronic gadgets are not prohibited during class hours. A student
is expected, however, to turn off his mobile phone or to put it on silent
mode as soon as he steps into the classroom. If the student expects a
call during the meeting, he can take the call by discretely leaving the
classroom.
Laptops, tablets, and other similar electronic devices, are not, likewise,
prohibited but the students who are called to recite should close these
electronic devices for the duration of their recitation. The same rule
applies to mobile phones that serve as data storage.
4. Any student may discretely leave the classroom if and when
absolutely necessary. When a student is not in the classroom when
called for recitation, he will be given a grade of 5.
B. Bases for student evaluation at the end of the semester:
Recitation
- 25%
Prelim & Mid-Term Exams
- 25%
Final Exam
- 50%
No grade of 4.
PART I
ADMINISTRATIVE LAW
I.
Introduction
A.
B.
C.
D.
E.
II.
Gonzales, Administrative Law, Chapt. 1
15 SCRA 373-376
Definition
Origin
Distinguished from other disciplines
Kinds of administrative law
Advantages of administrative action over both legislative and
judicial action
Basic Principles
Gonzales, Chapt. 3
A. Separation of powers
U.S. v. Bull, 15 Phil. 7
B. Non-delegation of powers
C. Tests of validity of delegation of powers
III.
People v. Vera, 65 Phil. 56
Araneta v. Dinglasan, G.R. No. L-2044, Aug. 26, 1949
Rodriguez v. Gella, G.R. No. L-6266, Feb. 12, 2953
Rubi v. Provl Board of Mindoro, G.R. No. L-14078, Mar. 7, 1919
Municipality of Cardona v. Municipality of Binangonan, G.R. No. L10202, Mar. 27, 1917
Pangasinan Transportation Co. v. Public Service Commission, 70
Phil. 221
Calalang v. Williams, 70 Phil. 726
Cervantes v. Auditor General, G.R. No. L04043, May 26, 1952
Pelaez v. Auditor General, 15 SCRA 569
Vigan Electric Light Co. v. Public Service Commission, 10 SCRA 46
Creation, establishment and abolition of administrative agencies
Gonzales, Chapt. 2
A.
B.
C.
D.
E.
Nature
Definition
Creation
Control over administrative agencies
Abolition
IV.
E.O. No. 292, Book III, Chapt. 10, Sec. 31; Book VII, Chapt. 1, Sec.
2(1)
1987 Constitution, Art. IX; Art. X, Sec. 11; Art. XI, Secs. 5, 13;
Art. XII, Secs. 9, 15, 20; Art. XIII, Secs. 17, 18; Art. XIV, Sec. 9
Biraogo vs. Truth Commission, G.R. No. 192935, Dec. 7, 2010
Lacson-Magallanes, Co., Inc. v. Pano, 21 SCRA 895
Powers and functions of administrative agencies
Gonzales, Chapt. 4
A. Rule-making
B. Adjudication
C. Incidental
D.
Requirements for enforcement of administrative issuances
E.
V.
Sierra Madre Trust vs. Secretary of Agriculture, 121 SCRA 384
Antipolo Realty Corp. vs. National Housing Authority, 153 SCRA
399
City of Baguio vs. Nino, 487 SCRA 216
Department of Agrarian Reform vs. Sutton, 473 SCRA 392
Cabarrus vs. Bernas, 279 SCRA 388
GMA Network, Inc. vs. Movie & Television Review & Classification
Board, 514 SCRA 191
Tanada vs. Tuvera, 146 SCRA 446
Tests for the validity of administrative powers
Administrative adjudication
Gonzales, Chapt. 5
A. Limitation on the conferment of quasi-judicial power
Miller vs. Mardo, 2 SCRA 898
Cabarrus vs. Bernas, 279 SCRA 388
B. Jurisdiction
Taleon vs. Secretary of Public Works, 20 SCRA 69
RCPI vs. Board of Communications, 80 SCRA 471
National Housing Authority vs. Commission on the Settlement of
Land Problems, 505 SCRA 38
C. Rules of procedure
Espinoza vs. Provincial Adjudicator, 516 SCRA 635
Perez vs. People, 544 SCRA 532
D. Privilege against self-incrimination
Chavez vs. Court of Appeals, 24 SCRA 663
Galman vs. Pamaran, 138 SCRA 294
Bengzon, Jr. vs. Senate Blue Ribbon Committee, 203 SCRA 767
E. Substantial Evidence Rule
Ang Tibay vs. Court of Industrial Relations, 69 Phil. 635
De Jesus vs. Guerrero III, 598 SCRA 341
VI.
Administrative enforcement and sanctions
Gonzales, Chapt. 6
Administrative subpoena
Evangelista vs. Jarencio, 68 SCRA 99
Power of contempt
Masangkay vs. Comelec, 6 SCRA 27
A.
B.
C.
D.
E.
VII.
Administrative sanctions
Summary powers
Judicial enforcement
Judicial review
A.
Gonzales, Chapt. 7
When judicial review is available
i.
Finality of administrative action
Philippine American Life Insurance Co. vs. Social Security
System,
20 SCRA 161
ii.
Exhaustion of administrative remedies
Lastimoso vs. Asayo, 517 SCRA 522
Hongkong & Shanghai Bank vs. GG Sportswear Mgf. Co.,
489 SCRA 578
Joson III vs. Court of Appeals, 482 SCRA 360
iii.
iv.
v.
B.
Doctrine of prior resort
Quiambao vs. Court of Appeals, 454 SCRA 17
Certiorari
Scope of judicial review
Republic vs. Manila Electric Co., 391 SCRA 700
Batangas Transportation Co. vs. Laguna Transportation Co.,
104 Phil. 992
Appeal
i.
Doctrine of qualified political agency
Villena vs. Sec. of Interior, 67 Phil. 451
Bongcavil vs. Provincial Board, 10 SCRA 327
Roque vs. Director of Lands, 72 SCRA 1
Benguet Exploration, Inc. vs. Sec. of Agriculture and
Natural Resources, 75 SCRA 285
ii.
Questions Subject to Judicial Review
Metropolitan Bank & Trust Co. vs. ASB Holdings, Inc., 517
SCRA 1
v.
Appeal to Office of the President
Land Car, Inc. vs. Bachelor Express, Inc., 417 SCRA 307
Department of Agrarian Reform vs. Uy, 515 SCRA 376
