[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26, 2013
TOPIC: DELEGATION OF POWERS – TESTS OF VALID DELEGATION
US vs. Ang Tang Ho – Completeness of Statute
Act 2868 – authorizes the Governor General with the consent of the Council State to issue the necessary rules and regulations and making an appropriation for such purpose.
Does the Act delegate legislative power to the Governor-General? By the Organic Law, all Legislative power is vested in the Legislature, and the power conferred upon the Legislature to make laws cannot be delegated to the Governor-General, or any one else. The Legislature cannot delegate the legislative power to enact any law. If Act no 2868 is a law unto itself and within itself, and it does nothing more than to authorize the Governor-General to make rules and regulations to carry the law into effect, then the Legislature itself created the law. There is no delegation of power and it is valid. On the other hand, if the Act within itself does not define crime, and is not a law, and some legislative act remains to be done to make it a law or a crime, the doing of which is vested in the Governor-General, then the Act is a delegation of legislative power, is unconstitutional and void. A law must be complete, in all its terms and provisions, when it leaves the legislative branch of the government, and nothing must be left to the judgment of the electors or other appointee or delegate of the legislature, so that, in form and substance, it is a law in all its details in presenti, but which may be left to take effect in futuro, if necessary, upon the ascertainment of any prescribed fact or event. The legislature cannot delegate its power to make a law, but it can make a law to delegate a power to determine some fact or state of things upon which the law makes, or intends to make, its own action to depend. Calalang vs. Williams – Sufficiency of Standards
Commonwealth Act. No. 548 by which the Director of Public Works with the approval of the Secretary of Public Works and Communications is authorized to promulgate rules and regulations for the regulation and control of the use of and traffic on national roads and streets.
The true distinction therefore is between the delegation of power to make the law which necessarily involves a discretion as to what it shall be and conferring an authority or discretion as to its execution to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made. The Commonwealth Act No. 548 does not confer legislative power upon the Director of Public Works and Secretary. The authority conferred upon them and under which they promulgated the rules and regulations now complained of is not to determine what public policy demands but merely to carry out the legislative policy laid down by the National Assembly. The delegated power is not the determination of what the law shall be but merely the ascertainment of facts and circumstances upon which the application of said law is to be predicated.
Ysaac and Wong Compilation | LPU- College of Law – Atty. Reyes
[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26, 2013
TOPIC: CONSTITUTIONAL LIMITATIONS
Meralco vs. Pasay Transportation Company Inc. Et. Al.
Examining the statutory provision invoked, it is provided that the terms of the right of way and the compensation to be paid shall be fixed by the members of the Supreme Court sitting as board of arbitrators, the decision of the majority shall be final.
The Supreme Court of the Philippine Islands represents one of the three divisions of power in our government. It is judicial power and judicial power only which is exercised by the Supreme Court. Just as the Supreme Court, as the guardian of constitutional rights, should not sanction usurpations by any other department of the government, so should it as strictly confine its own sphere of influence to the powers expressly or by implication conferred on it by the Organic Act. The Supreme Court and its members should not and cannot be required to exercise any power or to perform any trust or to assume any duty not pertaining to or connected with the administering of judicial functions. The power conferred on this court is exclusively judicial, and it cannot be required or authorized to exercise any other. . . . Its jurisdiction and powers and duties being defined in the organic law of the government, and being all strictly judicial, Congress cannot require or authorize the court to exercise any other jurisdiction or power, or perform any other duty. . . . The award of execution is a part, and an essential part of every judgment passed by a court exercising judicial power. Paz Garcia vs. Hon. Catalina Macaraig Jr.
Administrative complaint filed against the Judge for alleged dishonesty, violation of oath of office as a judge. Judge was unable to perform his duties because he has no court. Judge receives salary because he is working in the DOJ.
Court dismissed the complaint. After taking his oath and formally assuming this position as judge, respondent had a perfect right to earn the salary of a judge even in the extreme supposition that he did not perform any judicial function for he could, while preparing himself for his new job or for any good reason, take a leave, as in fact, he had planned to do, were it not for the request of the Secretary of Justice for him to forego the idea and, instead, help the Department in whatever way possible which would not, it must be presumed, impair his position as a judge. Detailing a judge in the Secretary of Justice should be discontinued. The line between what a judge may do and what he may not do in collaborating or working with other offices or officers under the other great departments of the government must always be kept clear and jealously observed, least the principle of separation of powers on which our government rests by mandate of the people thru the Constitution be gradually eroded by practices purportedly motivated by good intentions in the interest of the public service. The fundamental advantages and the necessity of the independence of said three departments from each other, limited only by the specific constitutional precepts a check and balance between and among them, have long been acknowledged as more paramount than the serving of any temporary or passing governmental conveniences or exigencies. It is thus of grave importance to the judiciary under our present constitutional scheme of government that no judge or even the lowest court in this Republic should place himself in a position where his actuations on matters submitted to him for action or resolution would be subject to review and prior approval and, worst still, reversal, before they can have legal effect, by any authority other than the Court of Appeals or this Supreme Court, as the case may be.
Ysaac and Wong Compilation | LPU- College of Law – Atty. Reyes
[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26, 2013
Romeo Edu vs. Hon. Vicente Ericta
Validity of Reflector Law – invalid exercise of the police power for being violative of the due process clause.
Court can pass upon the issue on the validity of a legislative enactment. There is no principle of constitutional adjudication that bars this Court from similarly passing upon the question of the validity of a legislative enactment in a proceeding before it to test the propriety of the issuance of a preliminary injunction. The same felt need for resolving once and for all the vexing question as to the constitutionality of a challenged enactment and thus serve public interest exists. What we have done in the case of an order proceeding from one of the coordinate branches, the executive, we can very well do in the matter before us involving the alleged nullity of a legislative act. Police power with state authority to enact legislation may interfere with personal liberty or property in order to promote the general welfare. Persons and property could thus "be subjected to all kinds of restraints and burdens in order to secure the general comfort, health and prosperity of the state." Its scope, ever-expanding to meet the exigencies of the times, even to anticipate the future where it could be done, provides enough room for an efficient and flexible response to conditions and circumstances thus assuring the greatest benefits. The statute assailed is not infected with arbitrariness. It is not the product of whim or caprice. It is far from oppressive. It is a legitimate response to a felt public need. It can stand the test of the most unsymphatetic appraisal. It is a fundamental principle flowing from the doctrine of separation of powers that Congress may not delegate its legislative power to the two other branches of the government, subject to the exception that local governments may over local affairs participate in its exercise. What cannot be delegated is the authority under the Constitution to make laws and to alter and repeal them; the test is the completeness of the statute in all its term and provisions when it leaves the hands of the legislature. To determine whether or not there is an undue delegation of legislative power the inquiry must be directed to the scope and definiteness of the measure enacted. The legislature does not abdicate its functions when it describes what job must be done, who is to do it, and what is the scope of his authority. To avoid the taint of unlawful delegation, there must be a standard, which implies at the very least that the legislature itself determines matters of principle and lay down fundamental policy. Otherwise, the charge of complete abdication may be hard to repel. A standard thus defines legislative policy, marks its limits, its maps out its boundaries and specifies the public agency to apply it. It indicates the circumstances under which the legislative command is to be effected. It is the criterion by which legislative purpose may be carried out. Thereafter, the executive or administrative office designated may in pursuance of the above guidelines promulgate supplemental rules and regulations. The standard may be either express or implied. If the former, the non-delegation objection is easily met. The standard though does not have to be spelled out specifically. It could be implied from the policy and purpose of the act considered as a whole. Consistency with the conceptual approach requires the reminder that what is delegated is authority non-legislative in character, the completeness of the statute when it leaves the hands of Congress being assumed.
Ysaac and Wong Compilation | LPU- College of Law – Atty. Reyes
Ysaac and Wong Compilation | LPU. distributors or sellers of condensed skimmed milk such as SIMILAC. Sta. the fatty part has been removed and substituted with vegetable or corn oil.it would charge the Supreme Court with an administrative function of supervisory
control over executive officials. compensation and emoluments as a judge of the CFI. penalties and fines connected therewith. as admitted by the petitioner. Section 169 is being enforced only against respondent manufacturers of filled milk product and not as against manufacturers. 2013
Antonio Noblejas vs Claudio Teehankee
Noblejas was commissioner of land registration with the same rank. CA
A complaint was made by Morong Water District employees against Engr. would similarly offend against the Constitution. Allowing the SC to investigate him would violate the doctrine of separation of powers . simultaneously reducing pro tanto. The Sec. BREMIL. All Board Members of MOWAD conducted an investigation.
TOPIC: CSC JURISDICTION CASES
Mateo vs. the control of the Chief Executive over such officials. equally enforced.
Noblejas is an executive official. Engr. nor can it exercise or participate in the exercise of functions which are essentially legislative or administrative. 3 of the Tax Code – BIR shall give effect and administer the supervisory and police power conferred by the Code.
The judiciary cannot give decisions which are merely advisory. He may only be investigated by the SC.College of Law – Atty. He approved a subdivision plan that is in excess of his title. fees and charges. and the enforcement of all forfeitures. in which. The Supreme Court and its members should not and cannot be required to exercise any power or to perform any trust or to assume any duty not pertaining to or connected with the administration of judicial functions.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. Cuevas
BIR enforces Section 169 of the Tax Code – requiring respondents to put a label “not suitable for nourishment for infants less than one year of age”. Maria filed a Special Civil Action before the RTC challenging his dismissal.
Such view is untenable. for the law. of Justice required to him to explain. Petitioners argue that the court has no jurisdiction over disciplinary actions of government employees which is vested exclusively to the Civil Service. It contends that it has jurisdiction to enforce it by virtue of Sec. The Bureau of Internal Revenue may claim police power only when necessary in the enforcement of its principal powers and duties consisting of the "collection of all national internal revenue taxes. The enforcement of Section 169 against the private respondents only but not against other persons similarly situated as the private respondents amounts to an unconstitutional denial of the equal pro petition of the laws. Reyes
. He was placed under preventive suspension and was dismissed. Sta Maria. Vera vs. has no jurisdiction over him since his rank is equivalent as a judge. Noblejas argued that the Sec. ENFAMIL. SMA." The enforcement of Section 169 entails the promotion of the health of the nation and is thus unconnected with any tax purpose.
Worthy to note in this connection is the fact that the Labor Code itself provides that "the terms and conditions of employment of government employees shall be governed by the Civil Service Law. the Civil Service Commission which has jurisdiction over the present controversy. the Civil Service Commission administers the Civil Service Law. It is. Article IX B. Neither does it have the authority to review the appointments made by other offices except only to ascertain if the appointee possesses the required qualifications. indeed. otherwise known as the Civil Service Decree of the Philippines. therefore. rules and regulations". Reyes
. Jose N. with the issuance of Civil Service Commission Resolution No. 198. order. 7 However.
The only function of the Civil Service Commission in cases of this nature. it is. ruling. He got into a fight while in the performance of his duties and a complaint was filed against him and his companions. it has no choice but to attest to the appointment. as amended. DOH vs. "to hear and decide on appeal administrative cases involving officials and employees of the civil service and its decision shall be final except those involving dismissal or separation from the service which may be appealed to the Commission". 6 The discharge of this particular function was formerly lodged in one of its offices. Petitioner instituted this action claiming that the NLRC has no jurisdiction over respondent. Jurisdiction is conferred by law. such appeals shall now be filed directly with the Civil Service Commission. 1987 Constitution and the provisions of Executive Order No. Conformably to the foregoing. The determination of who among aspirants with the minimum statutory qualifications should be preferred belongs to the appointing authority and not the Civil
Ysaac and Wong Compilation | LPU. the single arbiter of all contests relating to the civil service.
DJRMH is an agency of the Government. and when it finds the appointee to be qualified and all other legal requirements have been otherwise satisfied. Its decisions are subject to review by the Supreme Court. 1993. no agreement of the parties can provide one. The DJRMH falls well within the scope and/or coverage of the Civil Service Law in accordance with paragraph 1. or action of an agency of the government involving termination of services may appeal to the Commission within fifteen (15) days.. among others. NLRC
Respondent was hired as a patient assistant police force of Dr. otherwise known as the Administrative Code of 1987 and Presidential Decree No. As the central personnel agency of the Government. Party aggrieved by a decision. Where there is none. 2013
The Supreme Court held that it has no jurisdiction. Section 2.College of Law – Atty. Rodriguez Memorial Hospital. 807. the Merit Systems Protection Board (MSPB) which was vested with the power.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. 93-2387 on June 29.
TOPIC: CONSTITUTIONAL COMMISSIONS/BODIES
Lapinid vs. CSC
The appointment of petitioner as terminal supervisor was protested by Junsay on the basis of “preferential right”. MOWAD is a quasi-public corporation created pursuant to Presidential Decree No. Civil Service Commission has no power of appointment except over its own personnel. and as such its officers and employees are covered by the Civil Service Law. Indeed the established rule is that the hiring and firing of employees of government-owned and controlled corporations are governed by the provisions of the Civil Service Laws and Rules and Regulations. He filed his protest before the CSC. He filed a complaint for illegal dismissal with the NLRC. according to Luego. is to review the appointment in the light of the requirements of the Civil Service Law. He was found guilty and hence dismissed. 292.
We cannot argue against this proposition. the person most familiar with the organizational structure and environmental circumstances within which the appointee must function. utility and the interests of the service which can best be made by the head of the office concerned. Indeed. his appointment is approved. if not. his act in doing so confirmed Roque's performance rating which can be understood to be at least very satisfactory. Rimonte vs. as taxes do not arise from contracts or depend upon the will of the taxpayer.
The Civil Service Commission is the single arbiter of all contests relating to civil service. If he does. Respondent Civil Service Commission found from the records that respondent Roque possessed the minimum qualifications required for the position of Records Officer V to which she was appointed. No other criterion is permitted by law to be employed by the Commission when it acts on—or as the Decree says. 2013
Service Commission. From the vantage point of the Ombudsman. 19Hence. including those abstract qualities that define his personality—is the prerogative of the appointing authority. convenience. the selection itself of the appointee— taking into account the totality of his qualifications. but are imposed by law. Appointment is a highly discretionary act that even this Court cannot compel. All the Commission is actually allowed to do is check whether or not the appointee possesses the appropriate civil service eligibility or the required qualifications. then the appointment cannot be faulted on the ground that there are others better qualified who should have been preferred. when Ombudsman Vasquez appointed respondent Roque to the position of Records Officer V. Reyes
. It cannot disallow an appointment because it believes another person is better qualified and much less can it direct the appointment of its own choice. this is a prerogative of the appointing authority which he alone can decide 18 The choice of appointee from among those who possess the required qualifications is a political and administrative decision calling for considerations of wisdom.
Ysaac and Wong Compilation | LPU. Caltex vs. CSC
Petitioner contests the appointment of Respondent Roque arguing that she is not qualified to the position. The head of an agency who is the appointing power is the one most knowledgeable to decide who can best perform the functions of the office. nothing else. As long as the appointee is qualified the Civil Service Commission has no choice but to attest to and respect the appointment even if it be proved that there are others with superior credentials. COA
Petitioner asks to offset its remittances against its reimbursement vis-à-vis the OPSF. Petitioner also avers that the Ombudsman has no discretion to appoint any person who possess at least the minimum qualifications to the vacant position. she is the person who can best fill the post and discharge its functions. While the act of appointment may in proper cases be the subject of mandamus. If they do then the appointments are approved because the Commission cannot exceed its power by substituting its will for that of the appointing authority.
There can be no offsetting of taxes against the claims that a taxpayer may have against the government. as such its judgments are unappealable and subject only to the certiorari jurisdiction of this Court. Appointment is an essentially discretionary power and must be performed by the officer vested with such power according to his best lights.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. "approves" or "disapproves'—an appointment made by the proper authorities. The law limits the Commission's authority only to whether or not the appointees possess the legal qualifications and the appropriate civil service eligibility.College of Law – Atty. it is disapproved. If he does. the only condition being that the appointee should possess the qualifications required by law.
The Constitution authorizes them to disallow illegal expenditures of funds or uses of funds and property. Administrative proceedings are not exempt from the operation of certain basic and fundamental procedural principles. Monsod Respondent Monsod was nominated by Pres. training and experience. of the institution of the proceedings that may affect a person's legal right. (c) a tribunal so
Ysaac and Wong Compilation | LPU. To substitute the choice of the Commission to the choice of the appointing authority would mean an encroachment on the discretion vested upon the appointing authority. legal procedure.College of Law – Atty. 2013
It is settled that a taxpayer may not offset taxes due from the claims that he may have against the government. Reyes
. introduce witnesses and relevant evidence in his favor. 58Taxes cannot be the subject of compensation because the government and taxpayer are not mutually creditors and debtors of each other and a claim for taxes is not such a debt. Pursuant to its power to promulgate accounting and auditing rules and regulations for the prevention of irregular. An appointment is essentially within the discretionary power of whomsoever it is vested subject to the only condition that the appointee should possess the qualifications required by law. demand. Proof of locational clearance and certification of the city planning were sent a multiple times. Practice of law – any activity or out of court which requires the application of law. Villa vs Lazaro
Construction of a funeral parlor – suit of injuction filed by Dr. such as the due process requirements in investigations and trials. Cayetano vs. The appointing process in a regular appointment consists of: (1) Nomination (2) Confirmation of the CA (3) issuance of the certificate of confirmation (4) acceptance. Cory Aquino to the position of Chairman of the COMELEC. if not of active bias and partiality. The result has been to subvert and put to naught the Judgment rendered in a suit regularly tried and decided by a court of justice. that is most reprehensible. It is well settled that when the appointee is qualified and all other legal requirements are satisfied the Commission has no alternative but to attest it. the relief he had sought and been denied in said case. in a different forum. These facts present a picture of official incompetence of gross negligence and abdication of duty. COA’s function is not only to promulgate rules but also enforce it. Petitioner opposed the nomination because allegedly Monsod does not possess the required qualification of having been engaged in the practice of law for at least ten years. to deprive one party of rights confirmed and secured thereby and to accord her adversary. excessive or extravagant expenditures or uses of funds.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. be it actual or constructive.
Petitioner is plainly the victim of either gross ignorance or negligence or abuse of power. contract or judgment as is allowed to be set-off. Jesus Veneracion because allegedly violative of Zoning Ordinance. (b) reasonable opportunity to appear and defend his rights. unnecessary. All of the foregoing translates to a denial of due process against which the defense of failure to take timely appeal will not avail. or a combination of both. knowledge. And this administrative due process is recognized to include (a) the right to notice.
for allegedly influencing public school teachers through his father Abalos Sr. Court may not review factual findings of the COMELEC nor substitute its own findings on the sufficiency of evidence. CSC
Dismissal of Estilito Remolona from the government service for dishonesty. and no duty rests on such body to furnish the person being investigated with counsel. the Civil Service Commission has become the party adversely affected by such ruling which seriously prejudices the civil service system. a party in an administrative inquiry may or may not be assisted by counsel. The complaint for election offenses is a criminal case which involves the ascertainment of the guilt or innocence of the accused and requires a conviction on proof beyond reasonable doubt. Hence as an aggrieved party. meanwhile. recommending authority. Reyes
. a respondent has the option of engaging the services of counsel or not. fraud or arbitrariness.
CSC vs.College of Law – Atty. chief of the bureau or office and person exercising immediate supervision over the appointee.
Ysaac and Wong Compilation | LPU. Remolona vs. or at least contained in the records or disclosed to the parties affected. Daclag who is a subordinate of respondent. The main issue posed for resolution is whether a civil service employee can be dismissed from the government service for an offense which is not work-related or which is not connected with the performance of his official duty. CSC . requires merely the determination of whether the respondent committed acts as to merit his disqualification and is done through administrative proceeding which requires a clear preponderance of evidence.
While investigations conducted by an administrative body may at times be akin to a criminal proceeding. and (d) a finding or decision by that tribunal supported by substantial evidence presented at the hearing. CA reversed the decision of the Civil Service and held respondent not guilty of nepotism. Domingo vs COMELEC
Petition for disqualification of Mayor Abalos Jr.
Where there is no proof of grave abuse of discretion. 2013
constituted as to give him reasonable assurance of honesty and impartiality. Who may now appeal? Certainly not the respondent who was declared not guilty of the charge nor the complainant. and one of competent jurisdiction. irrespective of the nature of the charges and of the respondent's capacity to represent himself. A petition for disqualification. the fact remains that under existing laws. who was merely a witness to the government.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26.
One is guilty of nepotism if an appointment is issued in favor of a relative within the third civil degree of consanguinity or affinity of any of the following: appointing authority. Consequently. may appeal the decision of the CA to the SC. Dacoycoy
Appointment made by respondent of his two sons as driver and utility worker through Mr. In an administrative proceeding. Hence no forum shopping exists.
Gambling is not illegal per s e. Congress has consulted its own wisdom. even if said defects of character are not connected with his office. or other similar activities is a franchise granted by the legislature to the PCSO. . even mentioning it all. one who claims a franchise or privilege in derogation of the common rights of the public must prove his title thereto b a grant which is clearly and definitely expressed. cockfighting and horse-racing. In making such choices. PACQUING Fact that the decision is erroneous does not divest the court that rendered it of the jurisdiction conferred by law to try the case – Jurisdiction should be distinguished from the exercise thereof (Lamagan v. in order to warrant dismissal.College of Law – Atty. Nothing passes by mere implication. apropos the operation of a gambling casino in Cagayan de Oro by the Philippine Amusement and Games Inc. 111097. It is a settled rule that “in all grants by the government to individuals or corporations of rights. need not be committed in the course of the performance of duty by the person charged. even against offices and entities of the government other than the office where he is employed. The fact that the decision is erroneous does not divest the court that rendered it of the jurisdiction conferred by law to try the case. 40 SCRA 101 (1971). GUINGONA JR Constitutional Law. 1994. is cogent to the instant case. July 20. Reyes
. there is noting in the Constitution categorically proscribing or penalizing gambling or. and he cannot enlarge it by equivocal or doubtful provisions or by probable inferences. Privileges and franchises. 2013
Dishonesty. It is a settled rule that in all grants by the government to individuals or corporations of rights. the words are to be taken most strongly against the grantee . Thus.
TOPIC: CHECKS ON REGULATORY AGENCIES
KILOSBAYAN. The private life of an employee cannot be segregated from his public life. G. it has prohibited jueteng and monte but permits lotteries. While it is generally considered inimical to the interests of the people. . The authority to decide a case at all and not the decision rendered therein.
Ysaac and Wong Compilation | LPU. Whatever is not unequivocally granted is withheld.R. even if he performs his duties correctly and well. The rationale for the rule is that if a government officer or employee is dishonest or is guilty of oppression or grave misconduct. Cruz in Mayor Pablo Magtales v. It is left to Congress to deal with the activity as it sees fit.. is what makes up jurisdiction. Franchise.No interpretation of the said provision to relax or circumvent the prohibition can be allowed since the privilege to hold or conduct charity sweepstakes races. In the exercise of its own discretion.” LIM vs. they affect his right to continue in office. De la Cruz. because by reason of his government position. the words are to be taken most strongly against the grantee. thus: “The morality of gambling is not a justiciable issue. INCORPORATED vs. oppression and dishonesty less disposed and prepared to resist and to counteract his evil acts and actuations. and by reason of his office. lotteries. he enjoys and possesses a certain influence and power which renders the victims of his grave misconduct. for that matter. Dishonesty inevitably reflects on the fitness of the officer or employee to continue in office and the discipline and morale of the service. he is given more and ample opportunity to commit acts of dishonesty against his fellow men. The pronouncement of Justice Isagani A. the legislature may prohibit gambling altogether or allow it without limitation or it may prohibit some forms of gambling and allow others for whatever reasons it may consider sufficient. privileges and franchises. . The Government cannot tolerate in its service a dishonest official.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. Pryce Properties Coporation. No. .
The term is defined by Black to mean “in the meantime” or for the time being. as an institution of higher learning. or to discharge the duties of the office during the absence or temporary incapacity of its
Ysaac and Wong Compilation | LPU. Private respondent had been extended several “ad interim” appointments which petitioner mistakenly understands as appointments temporary in nature. and arts. philosophy. It is an atmosphere in which there prevail the four essential freedom of a university-to determine for itself on academic grounds who may teach. -In Garcia v.g. as amended) to provide advanced tertiary education and not secondary education. – It is beyond cavil that the UP.From the arguments. and to give professional and technical training. morality or practicability of statues are not addressed to the judiciary but may be resolved only by the legislative and executive departments. “Ad interim”. It is settled that questions regarding the wisdom. it must be pointed out that UPCBHS was established subject to a number of conditionalities. it is easy to see why the petitioner should experience difficulty in understanding the situation.College of Law – Atty. experiment and creation. and who may be admitted to study"' UPCBHS was established subject to a number of conditions. Perhaps. meaning and concept of."chanrobles virtual PAMANTASAN NG LUNGSOD NG MAYNILA. 1870 . failing in which the University can order its abolition on academic grounds. it is the literal translation of the word “ad interim” which creates such belief. That is the prerogative of the political departments. what may be taught. how it shall be taught. HON. Section 2 of said Act states that "the purpose of said University shall be to provide advanced instruction in literature. it can serve as a feeder for the UP at Baguio. The Faculty Admission Committee. . the sciences.. vs. specially where the purposes for which it was established was not satisfied The University of the Philippines was created under its Charter to provide advanced tertiary education and not secondary education. INTERMEDIATE APPELLATE COURT. -Specifically. it must be self-supporting. it can serve as a laboratory and demonstration school for prospective teachers. 2013
which this Court has not authority to review. the Court had occasion to note the scope of academic freedom recognized by the Constitution as follows: It is the business of a university to provide that atmosphere which is most conducive to speculation. Reyes
. to which the function belongs in our scheme of government.”
THE UNIVERSITY OF THE PHILIPPINES vs. Well has it been said that courts do not sit to resolve the merits of conflicting theories. e. Scope of academic freedom as recognized by the Constitution. the University of the Philippines was created under its Charter (Act No. . AYSON The University of the Philippines as an institution of higher learning enjoys academic freedom. Thus. enjoys academic freedom-the institutional kind. an officer ad interim is one appointed to fill a vancy.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26.At this juncture. Loyola School of Theology (68 SCRA 277 ). much less reverse.
Ysaac and Wong Compilation | LPU. deciding for himself who is best qualified among those who have the necessary qualifications and eligibilities. 2013
regular incumbent. the Civil Service Law and the Constitution guarantee private respondent’s security of tenure as “No officer or employee in the Civil Service shall be suspended or dismissed except for caus e as provided by law” . Rather. The writ of mandamus is not available to restrain an institution of higher learning from the exercise of its academic freedom. there being no other plain. vindictive or wanton manner. Allegations of incompetence against appointee not provided. Esteban’s appointments. the President is authorized to issue ad interim appointments.. Reason – There is nothing in the Pamantasan Board of Regents’ Resolution No. that such prerogatives are not exercised in a malicious. Such appointments are permanent but their terms are only until the Board disapproves them. discretionary. “Ad interim” appointments. harsh oppressive. It cannot be made to rest on inconclusive evidence. the appointment issued is considered permanent. Esteban was not dismissed for cause after proper proceedings. if the Board of Regents is in session. but because of his temporary appointment. Limits of discretion. The Board’s action was to confirm or reject an existing ad interim appointment. His appointment was terminated on the ground that it was temporary. University of the Philippines Board of Regents vs. board or person to do the act required to be done when it or he unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office. and provided further. specially because a temporary appointment divests the temporary appointee of the constitutional security of tenure against removal without cause even if he is a civil service eligible. We cannot also sanction the termination of private respondent’s services by petitioner. –In other words. If respondent’s appointment was intended to be temporary. The general rule is that the power of appointment must remain unhampered by judicial intervention. Absence of express indication in the ad interim appointment that it is temporary. Petitioner has failed to substantiate its allegations of incompetence against respondent Esteban whose record of government service appears quite impressive. defined. or out of malice or spite. But such is not the meaning nor the use intended in the context of Philippine law. while the Board of Regents. Person authorized to issue ad interim appointments of officials of Pamantasan ng Lungsod ng Maynila. Court of Appeals Mandamus. done by the President of the Pamantasan in the meantime. or unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled. But when the Board is not in session.College of Law – Atty. Dismissal of respondent appointee not for cause. the term is not descriptive of the nature of the appointments given to him. the appointee's term is converted into the regular term inherent in the position. If confirmed. it should have been expressly stated. However. provided however. discretionary on appointing power. Reyes
. or station. which is originally vested by the University Charter with the power of the appointment is unable to act. With his appointment now settled as permanent. It is a prerogative of the appointing power that may be availed of without liability.” Power to appoint. 485 which suggest that respondent Esteban’s appointment was temporary. corporation.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. in essence. Permanent appointees entitled to security of tenure under the Civil Service Law and the Constitution. -Mandamus is a writ commanding a tribunal. In referring to Dr. trust. it is used to denote the manner in which said appointments were made. that is. that it is exercised in good faith for the advancement of the employer’s interest and not for the purpose of defeating or circumventing the rights of the employees under special laws or under valid agreements. Exception – The power to appoint is. The appointing power has the right of choice which he may exercise freely according to his judgment. General rule that the power of appointment must remain unhampered by judicial intervention. the Pamantasan President merely nominates while the Board issues the appointment. when the law is violated or when there is grave abuse of discretion we have to step in. speedy.
Where it is shown that the conferment of an honor or distinction was obtained through fraud. from the exercise of its academic freedom. it certainly can also determine on whom it can confer the honor and distinction of being its graduates. Faculty Admission Committee. it is that there were too many committee and individual investigations conducted.Art.23 In University of the Philippines Board of Regents v. for the institutional autonomy of universities and institutions of higher learning. It is noteworthy that the investigation of private respondents case began before her graduation. If she was able to join the graduation ceremonies on April 24. degree.P. XIV. This freedom of a university does not terminate upon the graduation of a student. if any criticism may be made of the university proceedings before private respondent was finally stripped of her degree. Due process in an administrative context does not require trial-type proceedings similar to those in the courts of justice. Indeed.27 A party who has availed of the opportunity to present his position cannot tenably claim to have been denied due process. a university has the right to revoke or withdraw the honor or distinction it has thus conferred.” -
Ysaac and Wong Compilation | LPU. Loyola School of Theology . -As the foregoing narration of facts in this case shows. it certainly can also determine on whom it can confer the honor and distinction of being its graduates. 1993.P. various committees had been formed to investigate the charge that private respondent had committed plagiarism and. more precisely.28cräläw Due process in an administrative context does not require trial-type proceedings similar to those in the courts of justice. a university has the right to revoke or withdraw the honor or distinction it has thus conferred. . For it is precisely the graduation of such a student that is in question. 32 It is noteworthy that the U. although all resulted in a finding that private respondent committed dishonesty in submitting her doctoral dissertation on the basis of which she was conferred the Ph. in all the investigations held. Indeed. it was because of too many investigations conducted before the Board of Regents finally decided she should not have been allowed to graduate. This is nothing new. As pointed out by this Court in Garcia v. Rules do not require the attendance of persons whose cases are included as items on the agenda of the Board of Regents. A party who has availed of the opportunity to present his position cannot tenably claim to have been denied due process. Reyes
. Wide indeed is the sphere of autonomy granted to institutions of higher learning. she was heard in her defense. The 1935 Constitution35 and the 1973 Constitution36 likewise provided for the academic freedom or. Ligot-Telan.33cräläwvirtualibräry If an institution of higher learning can decide who can and who cannot study in it.D.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. the essence of due process is simply the opportunity to explain ones side of a controversy or a chance to seek reconsideration of the action or ruling complained of. 5 (2) of the Constitution provides that [a]cademic freedom shall be enjoyed in all institutions of higher learning. as the Court of Appeals held.Where it is shown that the conferment of an honor or distinction was obtained through fraud.College of Law – Atty. .24 this Court ruled that the writ was not available to restrain U.37 it is a freedom granted to institutions of higher learning which is thus given a wide sphere of authority certainly extending to the choice of students.It is not tenable for private respondent to argue that she was entitled to have an audience before the Board of Regents. in administrative proceedings. for the constitutionals grant of academic freedom “is not to be construed in a niggardly manner or in a grudging fashion. 2013
adequate remedy in the ordinary course of law. however.. If such institution of higher learning can decide who can and who cannot study in it.
Loyola School of Theology. Submission to regulation may be withdrawn by the owner by discontinuing use. is not to be construed in a niggardly manner or in a grudging fashion. Charter. it ceases to be juris private only and becomes subject to regulation. Manila Electric Company When private property is used for a public purpose an is affected with public interest. or a fine in an amount exceeding thirty (30) days salary. as an act of selfdefense. Republic vs. to quote again from Garcia v. Civil Service Commission Right to appeal not a natural right nor a part of due process but merely a statutory privilege. . it ceases to be juris privati only and becomes subject to regulation. Nothing can be more objectionable than bestowing a universitys highest academic degree upon an individual who has obtained the same through fraud or deceit.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. An institution of higher learning cannot be powerless if it discovers that an academic degree it has conferred is not rightfully deserved. provides that the Civil Service Commission shall have appellate jurisdiction over all administrative disciplinary cases involving the imposition of a penalty of suspension for more than thirty (30) days. the same is subject to public regulation. Respondent CSC has no jurisdiction to review the same on appeal. to withdraw what it has granted without violating a student’s rights. to take measures to protect itself from serious threats to its integrity.The right to appeal is not a natural right nor a part of due process. CSC has no appellate jurisdiction. 6This doctrine is equally made applicable to quasi-judicial proceedings so that one must first ascertain the law applicable to determine whether or not the party can appeal from the order or decision. the Boar of Regents is also empowered. the Board of Regents is also empowered. It should be empowered. subject to the observance of due process. .The regulation of rates to be charged by public utilities is founded upon the police powers of the State and statutes prescribing rules for the control and regulation of public utilities are a valid exercise thereof. Faculty Admission Committee. 7The reason for this is that even administrative proceedings must end sometime.38 It has the power to confer degrees upon the recommendation of the University Council.Section 37 of Presidential Decree No. the Board of Regents is the highest governing body of the University of the Philippines. subject to the observance of due process. If the conferment of a degree is founded on error or fraud.College of Law – Atty. for the constitutional grant of academic freedom. The pursuit of academic excellence is the university’s concern – it should be empowered. University of the Philippines vs. but as long as use of the property is continued. or the Civil Service Decree. demotion in rank or salary. as an act of self-defense.Under the U.39 It follows that if the conferment of a degree is founded on error or fraud. or transfer.P. . it is merely a statutory privilege which may be exercised only in the manner prescribed by and in accordance with the provisions of the law. 9The inescapable conclusion is that in an administrative case. The pursuit of academic excellence is the universitys concern. 2013
Wide indeed is the sphere of autonomy granted to institutions of higher learning. just as public policy demands that finality be written on judicial controversies. to withdraw what it has granted without violating a students rights. removal or dismissal from office.9
Ysaac and Wong Compilation | LPU. Reyes
. where the penalty imposed is not one of those covered by or is less than those enumerated under Section 37. When private property is used for a public purpose and is affected with public interest. The regulation is to promote the common good. the decision of the disciplining authority shall be final and inappealable. 807. . to take measures to protect itself from serious threats to its integrity. 8c Where penalty imposed is less than 30 day suspension.
However. if multiplied with the rate base. the rates prescribed by the State must be one that yields a fair return on the public utility upon the value of the property performing the service and one that is reasonable to the public for the services rendered.13 What is a just and reasonable rate is a question of fact calling for the exercise of discretion. Among others. there are other critical factors to consider for purposes of rate regulation. -In the fixing of rates.Settled jurisprudence holds that factual findings of administrative
Ysaac and Wong Compilation | LPU. they are: particular reasons involved for the request of the rate increase. the power to regulate rates does not give the State the right to prescribe rates which are so low as to deprive the public utility of a reasonable return on investment. the State protects the public against arbitrary and excessive rates while maintaining the efficiency and quality of services rendered.In regulating rates charged by public utilities.public utility. the element of risk or hazard involved in the investment. . In determining whether a rate is confiscatory. good sense. The rate base.College of Law – Atty. The rate of return is a judgment percentage which. etc. and a fair. The requirement of reasonableness comprehends such rates which must not be so low as to be confiscatory. enlightened and independent judgment. b) rate base and c) the return itself or the computed revenue to be earned by the public utility based on the rate of return and rate base. provides a fair return on the public utility is not prescribed by statute but by administrative and judicial pronouncements. Aside from the financial condition of the public utility. Factual findings of administrative bodies on technical matters within their area of expertise should be accorded not only respect but even finality if they are supported by substantial evidence even if not overwhelming or preponderant.While the power to fix rates is a legislative function. It has been held that even in the absence of an express requirement as to reasonableness. and a fair.10 The fixing of just and reasonable rates involves a balancing of the investor and the consumer interests. the capacity of consumers.14 What is a just and reasonable rate is a question of fact calling for the exercise of discretion. on the other hand is an evaluation of the property devoted by the utility to the public service or the value of invested capital or property which the utility is entitled to a return. or too high as to be oppressive. enlightened and independent judgment. In determining the just and reasonable rates to be charged by a public utility. Rate regulation is the art of reaching a result that is good for the public utility and is best for the public. the existence of competition. 11 The power to fix rates is a legislative function. this Court has consistently adopted a 12% rate of return for public utilities. Thus. requirements and opportunities of the utility. this standard may be implied. Determination of whether the rates so fixed are reasonable and just is a purely judicial question and is subject to the review of the courts. whether exercised by the legislature itself or delegated through an administrative agency. 15 Major factors in determining the just and reasonable rates to be charged by a public utility. it is essential also to consider the given situation. . three major factors are considered by the regulating agency: a) rate of return. Other factors to consider for purposes of rate regulation. the only standard which the legislature is required to prescribe for the guidance of the administrative authority is that the rate be reasonable and just. good sense. Reyes
. the quality of services rendered by the . 2013
The rates prescribed by the State must be one that yields a fair return on the public utility upon the value of the property performing the service and one that is reasonable to the public for the services rendered.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. a determination of whether the rates so fixed are reasonable and just is a purely judicial question and is subject to the review of the courts. .
21 Marcos vs.The pivot of inquiry here is whether all the elements of the offense charged have been duly substantiated. petitioner was ex oficio chairman of the Board of Directors of LRTA when the said Lease Agreement was entered into. . in exercising its power of judicial review. Marcos enter into the Lease Agreement marked Exhibit B as a public officer? As clearly stated on the face of the subject contract under scrutiny. is to determine whether under the facts and circumstances. It was Jose P. Although petitioner was the exofficio Chairman of LRTA. As regards the first element. within the contemplation of RA 3019 and. there is no evidence whatsoever to show that she attended the board meeting of LRTA which deliberated and acted upon subject Lease Agreement (Exhibit B). the time-honored principle is that courts should not interfere. Dans. Presidential Commission on Good Government vs. The Chairman of a government agency may not be held liable for a questionable agreement entered into by the agency where there is no proof that he or she attended the board meeting which deliberated. he or she is not deemed to have signed the agreement as a public officer within the contemplation of Republic Act 3019 in the absence of any proof that he or she was present when the Board of Directors of the former authorized the transaction entered into. who signed said Contract. 16 In one case. to the extent that the administrative agency has not been arbitrary or capricious in the exercise of its power. 2013
bodies on technical matters within their area of expertise should be accorded not only respect but even finality if they are supported by substantial evidence even if not overwhelming or preponderant. findings and conclusions of the ERB on the rate that can be charged by MERALCO to the public should be respected. In light of the foregoing antecedent facts and circumstances. Albeit.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. as ex-officio Vice-Chairman of LRTA. Another sustainable ground for the granting of petitioners motion for reconsideration is the failure and inability of the prosecution to prove that petitioner was present when the Board of Directors of LRTA authorized and approved the Lease Agreement complained of. Sandiganbayan (First Division) Where a public officer was simultaneously Chairman of a government agency and a private foundation and signed an agreement between the two entities in his or her capacity as Chairman of the latter. the irresistible conclusion is that petitioner did not sign subject Lease Agreement as a public officer."18 The function of the court. 20 Thus. . therefore. Reyes
. a private charitable foundation. petitioner signed the same in her capacity as Chairman of PGHFI and not as Human Settlement Minister nor as ex-officio Chairman of LRTA. the final order entered by the administrative agency is unlawful or unreasonable. 19 The function of the court.College of Law – Atty.In the cases at bar. and not as a public officer. at the time. Pena Regional Trial Courts have no jurisdiction over the Presidential Commission on Good Government. 17 we cautioned that courts should "refrain from substituting their discretion on the weight of the evidence for the discretion of the Public Service Commission on questions of fact and will only reverse or modify such orders of the Public Service Commission when it really appears that the evidence is insufficient to support their conclusions. Court upholds the primacy of administrative jurisdiction as vested in the commission and holds that jurisdictions
Ysaac and Wong Compilation | LPU. is to determine whether under the facts and circumstances.. The principle of separation of powers dictates that courts should hesitate to review the acts of administrative officers except in clear cases of grave abuse of discretion. in exercising its power of judicial review. It is thus beyond cavil that petitioner signed the said Lease Agreement as Chairman of the PGH Foundation. the final order entered by the administrative agency is unlawful or unreasonable. Inc. the first element of the offense charged is wanting. Jr. did petitioner Imelda R. there is no evidence to show that she was present when the Board of Directors of LRTA authorized and approved the Lease Agreement sued upon.
Yeazel vs. 214). decisions. it exercises quasi-judicial functions. To eliminate all doubts.This special civil action for certiorari. 203-206 and decisions cited therein. 3155 was promulgated there was reasonable necessity therefore and it cannot be said that the Legislature exceeded its power in passing the Act. 6 R.. as amended. Constitutionality – Act No. Youngberg 1. Reyes
. 3155 is entirely valid. resolutions. 187 U. Reid vs..College of Law – Atty. dated February 16 and March 5. As can be readily seen from the foregoing discussion of the duties and functions and the power and authority of the Commission. did not have the effect of denying to the Government of the Philippine Islands the right to the exercise of the sovereign police power in the promotion of the general welfare and the public interest. prohibition and mandamus with preliminary injunction and/or restraining order seeks to set aside the orders.
Ysaac and Wong Compilation | LPU. assets and properties under the past discredited regime fall within the exclusive and original jurisdiction of the Sandiganbayan. orders. 254). or awards of regional trial courts and quasi-judicial agencies. instrumentalities. The main issue is whether regional trial courts have jurisdiction over the petitioner Presidential Commission on Good Government (hereinafter referred to as the Commission) and properties sequestered and placed in its custodia legis in the exercise of its powers under Executive Orders Nos. The facts recited in paragraph 8 of the amended petition shows that at the time the Act No. That being so. 2013
over all sequestration cases fall within the exclusive and original jurisdiction of the Sandiganbayan. 1902. paragraph 3 of Batas Pambansa Blg. 2 and 14. 927..S. Delegation of Power – The power given by the Act No. which otherwise vests exclusive appellate jurisdiction in the Court of Appeals over all final judgments. subject to review exclusively by the Supreme Court. at his discretion.C. to the latter no valid objection can be made. and whether said regional trial courts may interfere with and restrain or set aside the orders and actions of the Commission.L. In the exercise of quasi-judicial functions. 58 Ill. Ferriols and Provincial Board of Batangas (19 Phil. Colorado. 3155 to protect the cattle industry of the country and to prevent the introduction of cattle diseases through importation of foreign cattle. The Legislature passed Act No.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. 1987. 1." 12 The Solicitor General correctly submits that the lack of jurisdiction of regional trial courts over quasi-judicial agencies is recognized in section 9.. . rendered by respondent trial judge on grounds of lack of jurisdiction and grave abuse of discretion. Alexander. The first cannot be done. Cruz vs. to be exercised under and in pursuance of the law. 137.. but confers an authority or discretion as to its execution. 147. It is now generally recognized that the promotion of industries affecting the public welfare and the development of the resources of the country are objects within the scope of the police power (12 C. 129 (the Judiciary Reorganization Act of 1980). The Court holds that regional trial courts do not have such jurisdiction over the Commission and accordingly grants the petition. In this connection it is said in the case of Punzalanvs. the Court upholds the primacy of administrative jurisdiction as vested in the Commission and holds that jurisdiction over all sequestration cases of ill-gotten wealth. * It is a co-equal body with Regional Trial Courts and co-equal bodies have no power to control the other. the Commission is a co-equal body with regional trial courts and "co-equal bodies have no power to control the other. it is not for this court to avoid or vacate the Act upon constitutional grounds nor will it assume to determine whether the measures are wise or the best that might have been adopted
2. 3155 to the Governor –General to suspend or not. boards or commissions. the prohibition provided in the Act does not constitute an unlawful delegation of the legislative powers. subject to review exclusively by this Court.J. that the provisions of the Act of Congress of July 1. 152.
2013 TOPIC: FUNCTIONS OF THE REGULATORY AGENCIES
Sangguniang Barangay of Don Mariano Marcos Bayombong. an elective local official.As the law stands. Thus.College of Law – Atty.In Salalima v. 3) where there is unreasonable delay or official inaction that will irretrievably prejudice the complainant. since the power is exclusively vested in the proper courts as expressly provided for in the last paragraph of Section 60 of the Local Government Code. it retains jurisdiction over the case even if it would be subsequently apparent during the trial that a penalty less than removal from office is appropriate. Jr. It further invalidated Article 125. if found guilty.The doctrine of exhaustion of administrative remedies calls for resort first to the appropriate administrative authorities in the resolution of a controversy falling under their jurisdiction before the same may be elevated to the courts of justice for review. as the courts are exclusively vested with this power under Section 60 of the Local Government Code.The doctrine of exhaustion of administrative remedies.. . the Sangguniang Panlungsod or Sangguniang Bayan cannot order the removal of an erring electivebarangay official from office. from office. which is one of the grounds allowed by the Rules of Court for the dismissal of the complaint. . Section 61 of the Local Government Code provides for the procedure for the filing of an administrative case against an erring elective barangay official before the Sangguniang Panlungsod or Sangguniang Bayan. Guingona. The Office of the President is without any power to remove elected officials.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. Once the court assumes jurisdiction. if the acts allegedly committed by the barangay official are of a grave nature and. Reyes
. the most extreme penalty that the Sangguniang Panlungsod or Sangguniang Bayan may impose on the erring elective barangay official is suspension. would merit the penalty of removal from office. The most extreme penalty that the Sangguniang Panlungsod or Sangguniang Bayan may impose on the erring elective barangay official is suspension. then it can resolve that the proper charges be filed in court. as the courts are exclusively vested with this power under Section 60 of the Local Government Code. Rule XIX of the Rules and Regulations Implementing the Local Government Code of 1991 The Sangguniang Panlungsod or Sangguniang Bayan cannot order the removal of an erring elective barangay official from office. On the other hand. is not inflexible. .. 4) where the amount involved is relatively small as to make the rule impractical and oppressive.The pivotal issue in this case is whether or not the Sangguniang Bayan may remove Martinez.22 Instances when the doctrine may be dispensed with and judicial action may be validity resorted to immediately. Non-observance of the doctrine results in lack of a cause of action. Nueva Viscaya vs. The doctrine of exhaustion of administrative remedies calls for resort first to the appropriate administrative authorities in the resolution of a controversy falling under their jurisdiction before the same may be elevate to the courts of justice for review. 5) where the question raised is purely legal and will ultimately have to be decided by the courts of justice . There are instances when it may be dispensed with and judicial action may be validly resorted to immediately. 6) where judicial
Ysaac and Wong Compilation | LPU. Among these exceptions are: 1) where there is estoppel on the part of the party invoking the doctrine.17 the Court en banc categorically ruled that the Office of the President is without any power to remove elected officials. However. . if it deems that the removal of the official from service is warranted. amounting to lack of jurisdiction. which is based on sound public policy and practical consideration. since the power is exclusively vested in the proper courts. the case should be filed with the regional trial court. Martinez Pertinent legal provisions and cases decided by the Court firmly established that the Sangguniang Bayan is not empowered to remove an elective local official from office. The pertinent legal provisions and cases decided by this Court firmly establish that the Sanggunaing Bayan is not empowered to do so. 2) where the challenged administrative act is patently illegal.
Paderanga Section 68-A states that the Department of Environment and Natural Resources (DENR) Secretary or his duly authorized representatives may order the confiscation of any forest products illegally cut. In Factoran.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. Reyes
. possessed or abandoned. The Court held that a party must exhaust all administrative remedies before he can resort to the courts. In Paat v. . or abandoned. the litigant need not exhaust all administrative remedies before such judicial relief can be sought.21 the Court held that a party must exhaust all administrative remedies before he can resort to the courts. management. should not entertain suits unless the available administrative remedies have first been resorted to and the proper authorities have been given an appropriate opportunity to act and correct their alleged errors. Jr. Section 68 of Presidential Decree No.The DENR is the agency responsible for the enforcement of forestry laws. The premature invocation of court's intervention
Ysaac and Wong Compilation | LPU. 26 Dagudag vs. removed.Judge Paderanga should have dismissed the replevin suit outright for three reasons. Appeal to the administrative officer would only be an exercise in futility.this Court in Castro v. as amended by Executive Order No. Court of Appeals.20 the Court held that: The doctrine of exhaustion of administrative remedies is basic. 11) when strong public interest is involved. Courts. under the doctrine of exhaustion of administrative remedies. comity and convenience. if any. development. A legal question is properly addressed to a regular court of justice rather than to an administrative body. and 13) inquo warranto proceedings. committed in the administrative forum. 7) where its application may cause great and irreparable damage. The doctrine of exhaustion of administrative remedies is basic-courts. 705.23 Where the case involves only legal questions. Court of Appeals. . Section 68-A states that the DENR Secretary or his duly authorized representatives may order the confiscation of any forest product illegally cut. gathered. should not entertain suits unless the available administrative remedies have first been resorted to and the proper authorities have been given an appropriate opportunity to act and correct their alleged errors. 8) where the controverted acts violate due process. v. In Dy v. for reasons of law. states that possessing forest products without the required legal documents is punishable. possessed. removed. . Section 4 of Executive Order No. The reason behind providing an exception to the rule on exhaustion of administrative remedies is that issues of law cannot be resolved with finality by the administrative officer. courts cannot take cognizance of cases pending before administrative agencies.22 the Court held that: This Court in a long line of cases has consistently held that before a party is allowed to seek the intervention of the court. the litigant need not exhaust all administrative remedies before such judicial relief can be sought. First. 10) where there is no other plain.College of Law – Atty. if a remedy within the administrative machinery can still be resorted to by giving the administrative officer concerned every opportunity to decide on a matter that comes within his jurisdiction then such remedy should be exhausted first before court's judicial power can be sought. for reasons of law. gathered. Gloria25 declared that where the case involves only legal questions. if any. speedy and adequate remedy. 192 states that the DENR shall be the primary agency responsible for the conservation. 277. Hence. 2013
intervention is urgent. commited in the administrative forum. comity and convenience. Court of Appeals. and proper use of the country's natural resources. 9) when the issue of non-exhaustion of administrative remedies has been rendered moot. A legal question is properly addressed to a regular court of justice rather than to an administrative body. it is a pre-condition that he should have availed of all the means of administrative processes afforded him.
courts cannot take cognizance of cases pending before administrative agencies of special competence . absent any finding of waiver or estoppel the case is susceptible of dismissal for lack of cause of action. in the landmark case of Mondano vs. Reyes
. The President’s power of control is directly exercised by him over the members of the Cabinet who in turn and by his authority.the doctrine of primary jurisdiction.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. is the "Doctrine of Qualified Political Agency"." 23cha
TOPIC: FUNCTIONS OF THE REGULATORY AGENCIES – Doctrine of Exhaustion of Administrative Remedies. Under the doctrine of primary jurisdiction.the Court held that: The complaint for replevin itself states that the shipment x x x [was] seized by the NBI for verification of supporting documents. . Doctrine of Qualified Political Agency
Ysaac and Wong Compilation | LPU. x x x The prudent thing for respondent judge to have done was to dismiss the replevin suit outright. 20 he will have to delegate some of them to his Cabinet members. control the bureaus and other offices under their respective jurisdictions in the executive department. as a corollary rule to the control powers of the President. Under the doctrine of primary jurisdiction. The DENR is the agency responsible for the enforcement of forestry laws. It also states that the NBI turned over the seized items to the DENR "for official disposition and appropriate action.This presidential power of control over the executive branch of government extends over all executive officers from Cabinet Secretary to the lowliest clerk 17 and has been held by us. Carpio vs. . Accordingly. Executive Secretary The presidential power of control was held to man the power of the President to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former with that of the latter." 19 The “Doctrine of Qualified Political Agency” equally accepted as a corollary rule to the control powers of the President. ." It is said to be at the very "heart of the meaning of Chief Executive. courts cannot take cognizance of cases pending before administrative agencies of special competence." x x x To our mind. 18 to mean "the power of [the President] to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former with that of the latter.College of Law – Atty. these allegations [should] have been sufficient to alert respondent judge that the DENR has custody of the seized items and that administrative proceedings may have already been commenced concerning the shipment. control the bureaus and other officers under their respective jurisdiction in the executive department. This should have alerted Judge Paderanga that the DENR had custody of the forest products. Doctrine of Primary Jurisdiction or Prior Resort.Thus. and by his authority. and in short. -Equally well accepted. in turn. courts cannot take cognizance of cases pending before administrative agencies of special competence. 2013
is fatal to one's cause of action. "the President's power of control is directly exercised by him over the members of the Cabinet who. As the President cannot be expected to exercise his control powers all at the same time and in person. and that the replevin suit had to be dismissed outright. that administrative proceedings may have been commenced.a case with a similar set of facts as the instant case . In Tabao v. The complaint for replevin itself stated that members of DENR's Task Force Sagip Kalikasan took over the forest products and brought them to the DENR Community Environment and Natural Resources Office. Judge Lilagan25 . Silvosa.
affirmative and dynamic. It may conduct general inquiries into evils calling for correction.College of Law – Atty. generally. for supervising and directing. Unlike a court of justice which is essentially passive.21 In sum. 2013
Evangelista vs. Ang Tibay vs. It is not intended to be a mere receptive organ of the government. enjoys the authority to issue subpoenas in its conduct of fact-finding investigations. and for purposes no more specific than illuminating obscure areas to find out what if anything should be done. but also for prosecuting. adjudication. the gathering. legislation.
Ysaac and Wong Compilation | LPU. (2) The tribunal must consider the evidence presented. When investigative and accusatory duties are delegated by statute to an administrative body. as will appear from perusal of its organic law is more active. in scope similar to adversary proceedings. not only for rule making. for determining general policy. 7 Investigations are useful for all administrative functions. 8 An administrative agency may be authorized to make investigations. CIR The CIR is a special court whose functions are specifically stated in the law of its creation which is the Commonwealth Act No. Privilege against self-incrimination extends in administrative investigations. and (3) the information is reasonably relevant. which includes the right to present one's cause and submit evidence in support thereof. the organization and the analysis of evidence. Procedural requirements:
(1) the right to a hearing. acting only when its jurisdiction is invoked and deciding only cases that are presented to it by the parties litigant. 103). for recommending. and to report findings to appropriate bodies and make recommendations for actions. the function of the CIR.
The life blood of the administrative process is the flow of fact. acting thru its officials. it. but can investigate merely on suspicion that the law is being violated or even just because it wants assurance that it is not. not only in proceedings of a legislative or judicial nature.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. it may be stated that a subpoena meets the requirements for enforcement if the inquiry is (1) within the authority of the agency. It is more an administrative board than a part of the integrated judicial system of the nation. The administrative agency has the power of inquisition which is not dependent upon a case or controversy in order to get evidence. Jarencio
Whether the Agency. but also in proceedings whose sole purpose is to obtain information upon which future action of a legislative or judicial nature may be taken 9 and may require the attendance of witnesses in proceedings of a purely investigatory nature. (2) the demand is not too indefinite. Reyes
. It not only exercises judicial or quasi-judicial functions in the determination of disputes between employers and employees but its functions are far more comprehensive and extensive. too may take steps to inform itself as to whether there is probable violation of the law. and licensing.
April 20. Romero. Board of Accountancy. R. G. and findings of fact. render its decision in such manner that the parties to the proceeding can know the various Issue involved. supra). or at least contained in the record and disclosed to the parties affected. (4) The evidence must be substantial. This is in line with the provision of our Constitution which says that "the Congress may by law vest the appointment of the inferior officers. in the courts. 558-559).
Lacuesta vs. imposition or mistake on the part of the Office of the President or a department head. illegality. In general. Ang-Angco vs. in all controversial questions. in the President alone. such administrative decisions are entitled to great weight and respect and will not be interfered with by the courts. (5) The decision must be based on the evidence presented at the hearing. Castillo
Whether the President has the power to take direct action on the case of petitioner even if he belongs to the classified service in spite of the provisions now in force in the Civil Service Act of 1959. This is generally true with respect to acts involving the exercise of judgment or discretion. collusion. exercised unconstitutional powers or clearly acted arbitrarily and without regard to his duty or with grave abuse of discretion . Reyes
. following a hearing. 2013
(3) The decision must have something to support itself. courts have no supervising power over the proceedings and actions of the administrative departments of the government. are binding upon the courts and will not be disturbed except where the board or official has gone beyond his statutory authority. but not with regard to those officers or employees who belong to the classified service for as to them that inherent power cannot be exercised. Findings of fact by an administrative board or official. arbitrariness.College of Law – Atty." Where there is no showing that there was fraud.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. Herrera It is a well-recognized principle that purely administrative and discretionary functions may not be interfered with by the courts (Coloso v. L-5750. (7) The Board or body should. and not simply accept the views of a subordinate. No.
"No officer or employee in the civil service shall be removed except for cause as provided for by law. 1953).. (6) The tribunal or body or any of its judges must act on its own independent consideration of the law and facts of the controversy. suspend or remove officers and employees who belong to the executive department if they are presidential appointees or do not belong to the classified service for such can be justified under the principle that the power to remove is inherent in the power to appoint (Lacson V. or in heads of department"
Ysaac and Wong Compilation | LPU." The Power of control of the President may extend to the Power to investigate. in rendering their questioned decisions or of a total lack of substantial evidence to support the same. (54 Am.. Jur. and the reason for the decision rendered.
Section 551 of the Revised Administrative Code authorizes every chief of bureau to prescribe forms and make regulations or general orders not inconsistent with law. so much so that appeals from his orders and decisions are. Commonwealth Act No. 466 as amended. as well as the presentation of evidence to establish facts involved. but also for other bureaus of the Government. A man who has been employed to undertake certain labor and has put into it his time and effort is entitled to be protected. Reyes
. We understand that rules and regulations have been promulgated not only for the Bureau of Customs and Internal Revenue.College of Law – Atty. to govern the transaction of business in and to enforce the law for said bureaus. for the reason that much of the business in said office involves the interpretation and determination of the scope and application of the Patent Law and other laws applicable. Lawyers Association vs. may practice their profession before the Patent Office. Members of the Philippine Bar authorized by this Tribunal to practice law. upon recommendation of the Collector of Internal Revenue. taken to the Supreme Court. Commonwealth Act No. 103). states that the Secretary of Finance. there are certain cardinal primary rights which the Court of Industrial Relations must respect in the trial of every labor case. shall promulgate all needful rules and regulations for the effective enforcement of the provisions of the code. to secure the harmonious and efficient administration of his branch of the service and to carry into full effect the laws relating to matters within the jurisdiction of his bureau. One such law is the Civil Service Act of 1959. known as the Tariff and Customs Code of the Philippines. The right of a person to his labor is deemed to be property within the meaning of constitutional guarantees. That is his means of livelihood. As aptly pointed out by this court. Phil. Every man has a natural right to the fruits of his own industry. may adopt its own rules of procedure and may act according to justice and equity without regard to technicalities. Section 338 of the National Internal Revenue Code. Premiere Productions Inc. Agrava
Whether or not the a Director of the PPO may require lawyers to submit and pass on examination prescribed by it before they are allowed to practice. Constitution). and for that matter is not bound by any technical rules of evidence (section 20. and in good standing. With regard to these officers whose appointments are vested on heads of departments. Phil. Section 10 .[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. this broad grant of power should not be interpreted to mean that it can ignore or disregard the fundamental requirements of due process in the trials and investigation of cases brought before it for determination. Movie Pictures Workers Association vs. in the determination of any question or controversy. One of them is the right to a hearing which includes the right of the party interested to present his own case and submit
Ysaac and Wong Compilation | LPU. makes all rules and regulations necessary to enforce the provisions of said code. Section 608 of Republic Act 1937. that part of the functions of the Patent director are judicial or quasi-judicial. subject to the approval of the Department Head. Although the Court of Industrial Relations. 2013
(Article VII. provides that the Commissioner of Customs shall. No due process. Congress has provided by law for a procedure for their removal precisely in view of this constitutional authority. under the law. The right to labor is a constitutional as well as statutory right. He cannot be deprived of his labor or work without due process of law .
and this must be limited to actual members who are not incapacitated to discharge their duties by reason of death. COA The denial of Medina's request for a formal investigation is not tantamount to a denial of her right to due process.
The court has no jurisdiction over the subject matter. 129). Rayala
Ysaac and Wong Compilation | LPU. Philippine Labor Union. 71 Phil.. It is merely an auxiliary remedy the law affords the parties or the court to reach an enlightened determination of the case. so as to require “the concurrence of two -thirds of all the members of each House”. or finding the truth. Therefore.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. Reyes
.College of Law – Atty. vs. Domingo vs. incapacity. Cuenco
Election of Senate President – quorum or none. 124. were twenty-three (23) and therefore 12 constituted a majority. That the amendment was intentional or made for some purpose.” shows the intention of the framers of the Constitution to base the majority. or for considering the use of the words “of all the members” as unnecessary. The essence of due process in administrative proceedings is the opportunity to explain one's side or seek a reconsideration of the action or ruling complained of. and not a mere oversight. even through coercive process which each house is empowered to issue to compel its members to attend the session in order to constitute a quorum. 5 (5) Title VI of the original Constitution which required “concurrence of two-thirds of the members of the National Assembly to expel a member” was amended by Sec. but on actual members or incumbents. the political nature of the controversy and the constitutional grant to the senate of the power to elect its own president. But it is not the main trial nor should it exclude the presentation of other evidence which the parties may deem necessary to establish their case. 10 (3) Article VI of the present Constitution. not on the number fixed or provided for in the Constitution. 3 (4) Title VI of the Constitution of 1935 provided that “the majority of all the members of the National Assembly constitute a quorum to do business” and the fact that said provision was amended in the Constitution of 1939. Arroyo TOPIC: THE REQUIREMENTS OF PROCEDURA DUE PROCESS IN ADMINISTRATIVE PROCEEDINGS Medina vs. In this case. by the judiciary. so as to read “a majority of each House shall constitute a quorum to do business. Art. 1949. reaching a conclusion. which power should not be interfered with nor taken over. but such is authorized only to help the court in clearing a doubt. An ocular inspection of the establishment or premise involved is proper if the court finds it necessary. Avelino vs. is evidenced by the fact that Sec. 2013
evidence in support thereof (Manila Trading and Supply Co. Medina was given the opportunity to be heard when she filed her counter-affidavit and position paper. Estrada vs. as Senator Confesor was in the United States and absent from the jurisdiction of the Senate. the actual members of the Senate at its session of February 21. in view of the separation of powers. or absence from the jurisdiction of the house or for other causes which make attendance of the member concerned impossible.
"22 does not preclude the validity of "memorandum decisions. (2) a real opportunity to be heard personally or with the assistance of counsel. and (4) a finding by said tribunal which is supported by substantial evidence submitted for consideration during the hearing or contained in the records or made known to the parties affected. grave misconduct. Geronga vs. Reyes
. and falsification of official document. Although in the beginning he questioned the authority of the Committee to try him. due process has been recognized to include the following: (1) the right to actual or constructive notice of the institution of proceedings which may affect a respondent’s legal rights. these being mere conclusions of law made by the prosecutor. Torres This is an administrative case for dishonesty. It must be stated that Section 14. vs. "no decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based. Varela Two fundamental requirements54 of due process in administrative cases are that a person must be duly informed of the charges against him. 48 The records of the case indicate that Rayala was afforded all these procedural due process safeguards. and to defend one’s rights. Laserna The constitutional mandate that. 49 he appeared. nor the designation of the offense charged or the particular law or part thereof allegedly violated.College of Law – Atty. but the description of the crime charged and the particular facts therein recited." he argues that the verdict is a "sham and total nullity. not overwhelming or preponderant. (3 ) a tribunal vested with competent jurisdiction and so constituted as to afford a person charged administratively a reasonable guarantee of honesty as well as impartiality.56 Solid Homes Inc. To sustain a finding of administrative culpability only substantial evidence is required. In previous cases. personally and with counsel. to present witnesses and evidence in one’s favor.12 Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. He also scored the OP’s decision finding him guilty of "disgraceful and immoral conduct" under the Revised Administrative Code and not for violation of RA 7877. Considering that he was not tried for "disgraceful and immoral conduct. and very much less than proof beyond reasonable doubt as required in criminal cases. Said section applies only to decisions
Ysaac and Wong Compilation | LPU. and participated in the proceedings. 2013
Rayala decries the alleged violation of his right to due process. What is controlling is not the title of the complaint. as in the case a bar.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26." which adopt by reference the findings of fact and conclusions of law contained in the decisions of inferior tribunals. and that he cannot be convicted of an offense or crime with which he was not charged.55 A deviation from these requirements renders the proceeding invalid and the judgment issued therein a lawless thing that can be struck down anytime. Article VIII of the 1987 Constitution need not apply to decisions rendered inadministrative proceedings. He accuses the Committee on Decorum of railroading his trial for violation of RA 7877. this Court held that: [i]n administrative proceedings. Office of the Ombudsman vs."
Rayala was properly accorded due process.
and expressed in a manner that sufficiently informs the parties of the factual and legal bases of the decision. In fact.College of Law – Atty. It shall be conducted by the disciplining authority concerned or his authorized representatives.15 The Uniform Rules on Administrative Cases in the Civil Service16 (Uniform Rules) does not require strict adherence to technical rules of evidence. based on the time-
Ysaac and Wong Compilation | LPU. (emphasis supplied) The provision above clearly states that the CSC.18 will be sustained by this Court. if supported by substantial evidence (or "that amount of evidence which a reasonable mind might accept as adequate to justify a conclusion"). Section 39 of the Uniform Rules provides: The investigation shall be conducted for the purpose of ascertaining the truth without necessarily adhering to technical rules applicable in judicial proceedings. the dismissal of an administrative case does not necessarily bar the filing of a criminal prosecution for the same or similar acts which were the subject of the administrative complaint.
Administrative rules of procedure are construed liberally to promote their objective and to assist parties in obtaining just. 2013
rendered in judicial proceedings. 021412. (refer to Ang Tibay)." and all of its provisions have particular concern only with respect to the judicial branch of government. Colangco
The CSC essentially avers that the CA erred in finding that it committed grave abuse of discretion in rendering Resolution No. Certainly.24 (Emphasis supplied.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. Our determination of the administrative liability for falsification of public documents is in no way conclusive of his lack of criminal liability. is not bound by technical rules of procedure and evidence applicable in judicial proceedings. in investigating complaints against civil servants. a finding of guilt in administrative cases.) The basis of administrative liability differs from criminal liability. TOPIC: APPLICABILITY OF TECHNICAL RULES OF PROCEDURE AND EVIDENCE IN ADMINISTRATIVE PROCEEDINGS CSC vs. Sandiganbayn But one thing is administrative liability. For as long as the administrative decision is grounded on evidence. The rights of parties in administrative proceedings are not violated as long as the constitutional requirement of due process has been satisfied. Article VIII is titled "Judiciary. the due process requirement is satisfied. Quite another thing is the criminal liability for the same act. Reyes
. The purpose of administrative proceedings is mainly to protect the public service. speedy and inexpensive determination of their respective claims and defenses. vs. it would be error to hold or even imply that decisions of executive departments or administrative agencies are oblige to meet the requirements under Section 14. As a general rule. Comelec. As we have held in Tan v. TOPIC: ADMINISTRATIVE AND CRIMINA PROCEEDINGS ARISING FROM THE SAME SET OF FACTS Ferrer Jr. Article VIII.
To sustain petitioner's arguments will be to require the Sandiganbayan and the Ombudsman to merely adopt the results of administrative investigations which would not only diminish the powers and duties of these constitutional offices. Strict compliance with the requirements cannot be annulled by mere allegations that parties were notified of the existence of the implementing rules. as every criminal trial and investigation before these bodies will be made to await the results of pending administrative investigations. demote.) These requirements of publication and filing were put in place as safeguards against abuses on the part of lawmakers and as guarantees to the constitutional right to due process and to information on matters of public concern and. 2013
honored principle that a public office is a public trust. fine. to be coursed through the proper officer. The Ombudsman is to be an “activist watchman. Article XI of the Constitution.” Implementation of the order imposing the penalty is. “The Ombudsman’s order to remove. Pilipinas Shell Petroleum Corp. (Emphasis provided. it is mandated by no less than Section 13(1).[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. censure. but also violate the independent nature of criminal and administrative cases against public officials.  He is vested with broad powers to enable him to implement his own actions. The authority of the Office of the Ombudsman to conduct administrative investigations is beyond cavil. This will also amount to untold delays in criminal proceedings before the Sandiganbayan and Ombudsman.” not merely a passive one. Unlike the Ombudsman-like agencies of the past the powers of which extend to no more than making findings of fact and recommendations.College of Law – Atty. Masing The power of the Ombudsman to determine and impose administrative liability is not merely recommendatory but actually mandatory. and the Ombudsman or Tanodbayan under the 1973 Constitution who may file and prosecute criminal. TOPIC: ADMINISTRATIVE RULEMAKING Republic vs. require strict compliance. The powers of the ombudsman enumerated in the Constitution are NON-EXCLUSIVE.  In
Ysaac and Wong Compilation | LPU. TOPIC: POWER OF THE OMBUDSMAN TO CONDUCT ADMINISTRATIVE INVESTIGATONS AND TO IMPOSE ADMINISTRATICE SANCTIONS ON PUBLIC OFFICERS Office of the Ombudsman vs. On the other hand. Reyes
. however. As the principal and primary complaints and action center against erring public officers and employees. suspend. 6770 is intended to play a more active role in the enforcement of laws on anti-graft and corrupt practices and other offenses committed by public officers and employees. therefore. No. Such is not the intent of the framers of the Constitution and the laws governing public officers. the Ombudsman under the 1987 Constitution and R. the purpose of the criminal prosecution is the punishment of crime.A. the manifest intent of the lawmakers was to bestow on the Office of the Ombudsman full administrative disciplinary authority in accord with the constitutional deliberations. or prosecute an officer or employee is not merely advisory or recommendatory but is actually mandatory. civil or administrative cases against public officials and employees only in cases of failure of justice. Administrative rules and regulations must also be published if their purpose is to enforce or implement existing law pursuant also to a valid delegation.
according to Sec.
Ysaac and Wong Compilation | LPU. In case the penalty is suspension or removal and the respondent wins such appeal. Non-career service in particular is characterized by — (1) entrance on bases other than those of the usual test of merit and fitness utilized for the career service. permanent and therefore there can be no removal except for cause. he shall be considered as having been under preventive suspension and shall be paid the salary and such other emoluments that he did not receive by reason of the suspension or removal. from the government. TOPIC: PRESCRIPTION. EXECUTION OF DECISION OF THE OMBUDSMAN Office of the Ombudsman vs. even nominal. 2(b) thereof "includes elective and appointive officials and employees. Alonto A bona fide appointment in an acting capacity is essentially temporary and revocable in character and the holder of such appointment may be removed anytime even without hearing or cause. No. 2(b) indicates that the definition is not restrictive. Reyes
. whether in the classified or unclassified or exemption service receiving compensation. The terms "classified. permanent or temporary. It is a stop gap measure intended to fill an office for a limited time until a permanent appointment is extended or a new appointee is chosen.A. or which is limited to the duration of a particular project for which purpose employment was made. The essence of an acting appointment is its temporary nature. 2013
conjunction therewith. Sandiganbayan “Public officer" in R. unclassified or exemption service" were the old categories of positions in the civil service which have been reclassified into Career Service and Non-Career Service 11 by PD 807 providing for the organization of the Civil Service Commission 12 and by the Administrative Code of 1987. A decision of the Office of the Ombudsman in administrative cases shall be executed as a matter of course.A." The word "includes" used in defining a public officer in Sec. Section 19 of R. CA An appeal shall not stop the decision from being executory. 6770 grants to the Ombudsman the authority to act on all administrative complaints.College of Law – Atty. A person who accepts an appointment in an acting capacity extended and received without any protest or reservation and who acts thereunder for a considerable time cannot later be heard to say that the appointment was. 3019 which. Order is immediately executory even pending appeal in the Court of Appeals. . or which is
coterminous with that of the appointing authority or subject to his pleasure.and (2) tenure which is limited to a period specified by law.
TOPIC: MODES AND KINDS OF APPOINTMENTS – ACTING Marohombsar vs. in reality. . . TOPIC: MODES OF ACQUIRING TITLE TO PUBLIC OFFICE BY CONTRACT OR SOME OTHER MODES AUTHORIZED BY LAW Preclaro vs. No.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26.
Section 1. Comelec Article XI. Philippine citizenship may be reacquired by direct act of congress. Qualifications for public office are continuing requirements and must be possessed not only at the time of appointment or election or assumption of office but during the officer's entire tenure. A public officer appointed in an acting capacity cannot claim that the appointment shall in time ripen into a permanent one. that is that he can be terminated at anytime with or without cause. not the nomenclature or title given by the appointing authority which determines its primarily confidential nature. For the same reason. Reyes
. Prior to the expiration of the term. If it was a mere designation. Buenaseda Acceptance of a temporary appointment is tantamount to the submission to the legal consequences. petitioners could be removed only for just cause.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. Section 117 of the Omnibus Election Code provides that a qualified voter must be.It is the definite period of time prescribed by law by which an officer may hold office. The fact that confirmation was needed shows that it is an ad interim one. perform its functions. It is the nature of the functions attached to a position. neither can the appointing power use the principle of temporary appointments to evade or avoid the security of tenure principle in the Constitution and the Civil Service Law. However. Section 9.
Ysaac and Wong Compilation | LPU. The non-renewal of their appointments with or without cause at the end of their term is a valid mode of termination. of the Constitution. TOPIC: TEMPORARY APPOINTMENT FOR A FIXED PERIOD Ambas vs. and enjoy its privileges and emoluments until the expiration of said period. by naturalization or by repatriation. A "term" of office fixed by law allows the appointee to hold office. among other qualifications. the Court may inquire into the true nature of an "acting" appointment to determine whether or not it is used as a device to circumvent the security of tenure principle. a citizen of the Philippines. 2013
The nature of an acting appointment limits not only the claims of the appointee to a lengthy tenure but also defines the authority of the appointing power.College of Law – Atty. Once any of the required qualifications is lost. of the Constitution that all public officials and employees owe the State and the Constitution "allegiance at all times" and the specific requirement in Section 42 of the Local Government Code that a candidate for local elective office must be inter alia a citizen of the Philippines and a qualified voter of the constituency where he is running. This is similar to the rule that the head of an office cannot arbitrarily convert permanent positions to primarily confidential items so that he can more freely fire and hire or rehire subordinates at his personal discretion. TOPIC: ELIGIBILITY AND QUALIFICATION REQUIREMENTS Frivaldo vs. it needs no confirmation. his title may be seasonably challenged. An ad interim appointment is one made during the time when the appointing or confirming body is not in session and there is an existing clear and present urgency caused by an impending obstruction or paralyzation of the functions assigned to the office if no immediate appointment is made. this being an indispensable requirement for suffrage under Article V. The fact that petitioners' appointments were classified as "temporary" did not grant a blanket authority to the Secretary of Health to remove them at anytime without cause for the term fixed by law protects the right of the resident trainees from being removed from office without cause.
although they may be civil in form. Cabal vs. as thus defined. A person may not be compelled to testify in an action against him for a penalty or to answer any question as a witness which would subject him to a penalty or forfeiture. and may be in rem or in personam. but by the lawmaking power. as in this case. information for the forfeiture of goods that seek no judgment of fine or imprisonment against any person are deemed to be civil proceedings in rem. The rule protecting a person from being compelled to furnish evidence which would incriminate him exists not only when he is liable criminally to prosecution and punishment. in consequence of a default an offense. are so far considered as quasi-criminal proceeding as to relieve the owner from being a witness against himself and to prevent the compulsory production of his books and papers. is imposed by way of punishment not by the mere convention of the parties. Reyes
. If however. It is a method deemed necessary by the legislature to restrain the commission of an offense and to aid in the prevention of such an offense. Funa vs. They have been held to be so far in the nature criminal proceedings that a general verdict on several count in an information is upheld if one count is good. Perez A test has been suggested to determine whether the proceeding for forfeiture is civil or criminal. 2013
The qualifications prescribed for elective office cannot be erased by the electorate alone. and under statutes which specifically so provision where the act or omission for which the forfeiture is imposed is not also a misdemeanor. but also when his answer would tend to expose him to a forfeiture. Forfeiture proceedings may be either civil or criminal in nature. that the candidate was qualified. . such forfeiture may be sued for recovered in a civil action. to insure a prescribed course of conduct. Kapunan Forfeiture is a divestiture property without compensation. The will of the people as expressed through the ballot cannot cure the vice of ineligibility.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. the forfeiture proceeding is in the nature of a punishment. and where it must be gathered from the statute that the action is meant to be criminal in its nature it cannot be considered as civil. A forfeiture. Generally speaking. TOPIC: DISABILITIES AND INIHIBITIONS OF PUBLIC OFFICERS Almeda vs. If they are under a statute such that if an indictment is presented forfeiture can be included in the criminal case they are in nature. where the owner of the property appears. . the proceeding does not involve the conviction of wrongdoer for the offensecharged the proceeding is of a civil nature. viz:
Ysaac and Wong Compilation | LPU. According to the authorities such proceedings. Such proceedings are criminal in nature to the extent that where the person using the res illegally is the owner or rightful possessor of it. where the penalty or forfeiture is imposed as a vindication of the public justice of the state. thus: . and the term is used in such a sense in this article. The effect of such a forfeiture is to transfer the title to the specific thing from the owner to the sovereign power. Article VII of the 1987 Constitution. Agra At the center of the controversy is the correct application of Section 13.College of Law – Atty. especially if they mistakenly believed.
their deputies and assistants may do so only when expressly authorized by the Constitution itself. authorizing the Vice President to become a member of the Cabinet. Undersecretary or Assistant Secretary. Members of the Cabinet. their deputies and assistants. or in any franchise. They shall strictly avoid conflict of interest in the conduct of their office. The prohibition against dual or multiple offices being held by one official must be construed as to apply to all appointments or designations. including governmentowned or controlled corporations or their subsidiaries. or instrumentality thereof. Article VII without additional compensation in ex officio capacities as provided by law and as required by the primary functions of the officials’ offices. Vice-President. and did not extend to other public officials given the rank of Secretary. x xx Unless otherwise allowed by law or the primary functions of his position. and without further warrant or appointment. The President. which implies nothing less than the actual discharge of the functions and duties of the office. v. no appointive official shall hold any other office or employment in the Government or any subdivision." An ex officio member of a board is one who is a member by virtue of his title to a certain office. to wit: Section 7. directly or indirectly practice any other profession. such as Section 3. Elma. hold any other office or employment during their tenure. Article VII. and their deputies or assistants" found in Section 13. the Vice-President. They shall not. and their deputies or assistants shall not. their undersecretaries and assistant secretaries.College of Law – Atty. but rather annexed to the official position. To hold an office means to possess or to occupy the office. the Vice-President. members of the Cabinet. Section 7. and (2) posts occupied by Executive officials specified in Section 13. The differentiation of the two constitutional provisions was well stated in Funa v. Article VII is meant to be the exception applicable only to the President. Article IX-B of the 1987 Constitution. A relevant and complementing provision is Section 7. by virtue of office. not expressly conferred upon the individual character. whether permanent or temporary. According to Public Interest Center.
Ysaac and Wong Compilation | LPU. while Section 13. participate in any business. Reyes
. the Members of the Cabinet and their deputies and assistants. or be financially interested in any contract with. The term ex officio means "from office. is to prevent the concentration of powers in the Executive Department officials." Ex officio likewise denotes an "act done in an official character. and without any other appointment or authority other than that conferred by the office." It refers to an "authority derived from official character merely. the Members of the Cabinet. referred only to the heads of the various executive departments. during said tenure. 2013
Section 13. including government-owned or controlled corporations or their subsidiaries. or special privilege granted by the Government or any subdivision. paragraph (2). while all other appointive officials in the civil service are allowed to hold other office or employment in the government during their tenure when such is allowed by law or by the primary functions of their positions. or to be in possession and administration of the office. or as a consequence of office.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. unless otherwise provided in this Constitution. the only two exceptions against the holding of multiple offices are: (1) those provided for under the Constitution. In other words. Inc. for it is without question that the avowed objective of Section 13. specifically the President. agency. "The Members of the Cabinet. agency or instrumentality thereof. Article IX-B is meant to lay down the general rule applicable to all elective and appointive public officials and employees. supra. Ermita: Thus.
[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. 2013
The ex officio position being actually and in legal contemplation part of the principal office. by express provision of Memorandum Circular No. however irregular or informal. or regulating the exercise of the right. The general rule contained in Article IX-B of the 1987 Constitution permits an appointive official to hold more than one office only if "allowed by law or by the primary functions of his position. it follows that the official concerned has no right to receive additional compensation for his services in the said position. legally appointed and qualified and whose term of office has not expired. where properly given delegated power. and regulations. who. Ozaeta. 6 and as implied in E. is legally entitled to the emoluments of the office. collective bargaining and negotiations. in the absence of any legislation allowing government employees to strike. No. this Court ruled that. And this is effected through statutes or administrative circulars. the acts of the de facto officer are just as valid for all purposes as those of a de jure officer. it is the legislature and." In the case of Quimson v. rules." The crucial test in determining whether incompatibility exists between two offices -whether one office is subordinate to the other. not through collective bargaining agreements. in the sense that one office has the right to interfere with the other. XIII. CA The 1987 Constitution. a de facto officer. Sec. they are prohibited from striking. in all respects. 180. fees and other compensations attached to the office. so that the incumbent is not a mere volunteer. and may in an appropriate action recover the salary. including the right to strike in accordance with law" [Art. provides that the State "shall guarantee the rights of all workers to self-organization. the administrative heads of government which fix the terms and conditions of employment. While there is no question that the Constitution recognizes the right of government employees to organize.College of Law – Atty.O. recognizing their right to do so. by which is meant authority derived from an appointment. "[t]here is no legal objection to a government official occupying two government offices and performing the functions of both as long as there is no incompatibility. officer. He may also be one who is in possession of an office. in the Article on Social Justice and Human Rights. TOPIC: RIGHTS OF PUBLIC OFFICERS SSS Employees Association vs. however. It has been held that "in cases where there is no de jure. A de jure officer is one who is deemed. 31]. government workers cannot use the same weapons employed by workers in the private sector to secure concessions from their employers. and peaceful concerted activities. in good faith has had possession of the office and has discharged the duties pertaining thereto. in so far as the public or third persons who are interested therein are concerned. and is discharging its duties under color of authority. Since the terms and conditions of government employment are fixed by law. Reyes
. it is silent as to whether such recognition also includes the right to strike. Consequently.
A de facto officer is one who derives his appointment from one having colorable authority to appoint. if the office is an appointive office. At present. In government employment. and whose appointment is valid on its face.
Ysaac and Wong Compilation | LPU.
City of Baguio "(T)he rule on payment of back salaries during the period of suspension of a member of the civil service who is subsequently ordered reinstated. be decreed not only if he is found innocent of the charges which caused his suspension (Sec. the preventive suspension of Consigna followed his indictment for the crime of malversation. In Gonzales vs. and this was later followed by an order for his dismissal as a result of the administrative investigation to which he was subjected even while the criminal case for malversation was pending in court." Yarcia vs. to pressure the Govemment to accede to their demands.
According to Article 217 of the Revised Penal Code. a party found guilty of malversation of public funds shall be punished with imprisonment and the additional penalty of special perpetual disqualification. held at par with exoneration in case reinstatement is not possible because of the death of the suspended person. TOPIC: LIABILITIES OF PUBLIC OFFICERS CRIMINAL People vs. It is clearly inferable from this that his conviction necessarily results in his dismissal from the public office he occupied at the time he committed the offense. in this connection. On the other hand. through their unions or associations. besides acquitting Consigna "for absolute lack of evidence. is not allowed to work may.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. the reason being that the "reinstatement" referred to in the law. City of Baguio The general proposition is that a public official is not entitled to any compensation if he has not rendered any service. but also when the suspension is unjustified. it should not be so comprehensively understood as to include demotional appointments issued pursuant to an adverse decision in an administrative case." Austria vs. before a public official or employee is entitled to payment of salaries withheld. It must be observed. Rep. Consigna
Whether or not the trial court. Abellera vs. under its very wording. walk-outs and other temporary work stoppages. 2013
Government employees may. Act 2260). it show that back salaries are ordered paid to an officer or an employee only if he is exonerated of the charge against him and his suspension or dismissal is found and declared to be illegal. so shall you earn. 35. Reyes
. it should be shown that the suspension was unjustified or that the employee was innocent of the charges preferred against him. that although this administrative investigation was started after the filing of the criminal case. Auditor General A "reinstatement" under the aforequoted provision refers to a reinstatement to the same position from which the subordinate officer or employee was suspended. either petition the Congress for the betterment of the terms and conditions of employment which are within the ambit of legislation or negotiate with the appropriate government agencies for the improvement of those which are not fixed by law. And even if We consider the punishment as suspension. Hernandez.College of Law – Atty. Such payment of salaries corresponding to the period when an employee. is. therefore." had the authority to order his reinstatement. Consigna's
Ysaac and Wong Compilation | LPU. like workers in the private sector. As you work. But employees in the civil service may not resort to strikes. is already settled in this jurisdiction. and not merely a reinstatement in the government service.
although both proceedings arose from the same facts. for herein respondent had been acquitted merely
"on reasonable doubt" unlike Consigna who was found innocent "for absolute lack of evidence. the court has no authority to order payment of his salaries corresponding to the period of his suspension because his right to the same was not involved in the case. If this is the inevitable result of conviction. because. and the other is to be dealt with administratively. has no authority. The reason for the rule is that generally acquittal in the criminal case does not carry with it relief from administrative liability. Same act constitutes two (2) or more different offenses not covered by Article 48 of the Revised Penal Code. except that. to order payment of back salaries. No. Galang vs.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. Domingo
Consigna clearly had no applicability in the case at bar. as we have said heretofore. by virtue whereof he had already been dismissed. CA At the outset. The case of People vs. L-15630. in the event of an acquittal. one offense is punishable as a felony or crime. March 24. this matter would seem to be involved in the case of malversation albeit as a mere incident — because conviction of the offense charged results necessarily in a denial of such right to reinstatement in view of the penalty of disqualification provided by law. or reinstatement in the case of his dismissal. Reyes
. The one is not legally inconsistent with the other. Daleon. Respondent’s acquittal "on reasonable doubt" could not overturn the verdict of guilty in the administrative case. however. because our ruling in the former was simply to the effect that. in the case at bar. his relief lies not in the same criminal case wherein he is acquitted but in the proper administrative or civil action prescribed by law. that it is not within the power of the court. 1961 — upon which appellant relies — is not controlling in the present. PNR vs. to order the payment of the salaries and other emoluments which the accused has failed to receive during the period of his suspension from office" — since this matter falls within the province of the administrative authorities. 2013
administrative superiors went ahead with said investigation — which ended with an order for his dismissal — instead of waiting for the result of the criminal case. it should be noted that. This ruling does not apply to defendant's right — in case of acquittal — to reinstatement to the position he was occupying at the time of his suspension. The Court's jurisprudence uniformly holds that the trial court in the criminal case. reinstatement should also follow acquittal.College of Law – Atty. While an acquitted accused may in appropriate cases claim payment of back salaries during the period of his suspension. G. each proceeding sought to deal with a violation of a provision of the Philippine Immigration Act of 1940 which is entirely different and distinct from that dealt with in the other proceeding. upon acquitting one charged with malversation of public funds. The administrative case may generally proceed against a respondent independently of a criminal action for the same act or omission and requires only a preponderance of
Ysaac and Wong Compilation | LPU. and the prosecution for the former does not entail a waiver of the action due for the latter. who are not parties in the criminal case and who exercise control and supervision over the accused in connection with his employment." Doctrine of Daleon: "This Court has held. in the event of an acquittal of the accused employee.R.
. as it the transaction had been entered into by him as a private party. Rivera vs. Tayo
Refusal to pay councilors of their salaries. and the officer assuming to make such contract shall be liable to the Government or other contracting party for any consequent damage to the same extent as if the transaction had been wholly between private parties.
Present action is against defendant-appellee in his personal capacity on the strength of section 608 of the same code. Claim against municipality not valid because contract is void. Enriquez and Fernandez. case will prosper. Void contract — Liability of officer. Suit was filed against defendants under their official capacities hence it is a suit against the government. which provides as follows: SEC. This is supported by the lack of relief asked for in the prayer of the complaint as again these appellees in their private capacities. We take it that the intention of the law in this respect is to ensure that public officers entering into transactions with private individuals calling for the expenditure of public funds observe a high degree of caution so that the government may not be the victim of illadvised or improvident action by those assuming to represent it.
Ysaac and Wong Compilation | LPU. 33 of the Civil Code. Kintanar
Quieting of title against the government. as the officer who signed the contract with appellant in violation of section 607. Government cannot be sued without its consent.
TORT Javellana vs. Maclang
Municipality failed to pay for the materials delivered.
The complaint herein has been ordered dismissed as against appellees Kintanar. only in their private capacity because of lack of allegation to make them so liable in favor of appellant. If a public officer is sued in his personal capacity. CIVIL Mindanao vs. SC ruled that the trial court did not err in dismissing the complaint because of lack of allegation to make them liable and lack of prayer in the complainant as against the appellees in their private capacities.College of Law – Atty.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. comes squarely under the provision just quoted. — A purported contract entered into contrary to the requirements of the next preceding section hereof shall be wholly void. His liability is personal. 2013
evidence to establish administrative guilt as against proof beyond reasonable doubt of the criminal charge. Councilors sued mayor for damages. as in the analogous cases provided by Art. The position of defendant-appellee. 608.
Violation of constitutional rights. house. To be liable under Article 32 of the New Civil Code it is enough that there was a violation of the constitutional rights of the plaintiffs and it is not required that defendants should have acted with malice or bad faith. xxx (9) The rights to be secure in one's person. and effects against unreasonable searches and seizures. they have violated the constitutional right of plaintiffs-appellants against unreasonable search and seizure. Public interest will immensely suffer. Ponce De Leon
Illegal search and seizure of motor launch – without search warrant. 6 And since in the present case defendants-appellees seized the motor launch without a warrant. to perform his official duty may file an action for damages and other relief against the latter.
Ysaac and Wong Compilation | LPU. 2013
'Any person suffering material or moral loss because a public servant or employee refuses or neglects. defeats. 35. 32.) Award proper under Article 27 of the new Civil Code.' lawphil. without just cause. violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages. as a consequence of appellant's refusal to perform his official duty. It is designed merely as measure of precaution so that the employee who is charged may be separated. or any private individual. A person whose constitutional rights have been violated or impaired is entitled to actual and moral damages from the public officer or employee responsible therefor. ART. Peralta
Petitioner reinstated but no payment of back salaries and other rights and privileges.net After perusal of all the records of this case has reached the conclusion that the sessions held by the petitioner during the absence of the respondent Mayor were perfectly valid and legal. without prejudice to any disciplinary administrative action that may be taken. because the Council is controlled by another political group. PREVENTIVE SUSPENSION Bautista vs. To declare that the proceedings of the petitioners were null and void is to encourage recalcitrant public officials who would frustrate valid session for political end or consideration. Thus if he is exonerated the law provides that he shall be restored to his position with full pay for the period of his suspension. papers.
Preventive suspension in administrative cases is not a penalty in itself. Reyes
. Lim vs. from the scene of his alleged misfeasance while the same is being investigated. The attendance of the Mayor is not essential to the validity of the session as long as there is quorum constituted in accordance with law. 3 considering that according to the trial court. who directly or indirectly obstructs. Whether or not the decision of the Civil Service Board of Appeals to pay back wages is binding against NWSA.College of Law – Atty. not withstanding the action taken by the Provincial Fiscal and the Provincial Board upholding the validity of the session in question. (Sec. he (Golez) was able to prove that he suffered the same. if a mayor who belongs to one political group refuses to call or attend a session. (And this was upheld by the SC. no public official has the right to enter the premises of another without his consent for the purpose of search and seizure. for obvious reasons. Any public officer or employee.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26.
There can be no question that without the proper search warrant.
Neither is there any doubt as to the power of the Ombudsman to discipline petitioner should it be found that she is guilty of grave misconduct. any act or omission of any public officer or employee. the preliminary investigation of a case. Exceptions. and the Judiciary.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26. Denial of the back salaries would amount to an amendment of the decision of the Civil Service Board of Appeals. local government. The contention is without merit. was in effect served by him during the first two months of his preventive suspension. Prior notice and hearing is a not required. Petitioner contends. office or agency.College of Law – Atty. instrumentalities and agencies. such suspension not being a penalty but only a preliminary step in an administrative investigation. The penalty of suspension — which necessarily is for a fixed period — also contemplates the same result after the penalty has been served. Petitioner contends that her suspension is invalid because the order was issued without giving her and Provincial Prosecutor Kintanar the opportunity to refute the charges against them and because. Lastimosa vs.
The office of the Ombudsman has the power to "investigate and prosecute on its own or on complaint by any person. at any rate. when such act or omission appears to be illegal. the crime of rape. — The Office of the Ombudsman shall have disciplinary authority over all elective and appointive officials of the Government and its subdivisions. the evidence against them is not strong as required by §24. Vasquez
Administrative case against lastimosa (grave misconduct and gross neglect of duty) – contempt for failing to file the charge of attempted rape as directed by the ombudsman. Officials Subject To Disciplinary Authority. 2260. 2013
R. The penalty imposed by the Civil Service Board of Appeals. but there is no inherent obstacle to his receiving the back salaries corresponding to such period. §15(g) of the Ombudsman Act gives the Office of the Ombudsman the power to "punish for contempt. in effect increasing the two-month suspension meted out to him and converting the preventive suspension into the penalty itself. including Members of the Cabinet. proceeding before the Office of the Ombudsman. §21. His reinstatement during the rest of theperiod was no longer physically possible.
Ysaac and Wong Compilation | LPU. unjust. in accordance with the Rules of Court and under the same procedure and with the same penalties provided therein. government-owned or controlled corporations and their subsidiaries. Reyes
. improper or inefficient. Hence. insubordination and/or neglect of duty. For this reason it is argued that the Office of the Ombudsman has no authority to place her and Provincial Prosecutor Kintanar under preventive suspension for refusing to follow his orders and to cite them for indirect contempt for such refusal. rather than judicial. of which the filing of an information is a part. except over officials who may be removed only by impeachment or over Members of Congress. the Office of the Ombudsman has no jurisdiction over the case against the mayor because the crime involved (rape) was not committed in relation to a public office. is quasi judicial in character. is within the power of the Ombudsman to investigate and prosecute. or arise from." There is no merit in the argument that petitioner and Provincial Prosecutor Kintanar cannot be held liable for contempt because their refusal arose out of an administrative." 14 This power has been held to include the investigation and prosecution of any crime committed by a public official regardless of whether the acts or omissions complained of are related to.A. the performance of his official duty 15 It is enough that the act or omission was committed by a public official. As petitioner herself says in another context. when committed by a public official like a municipal mayor. or connected with. nor of the Ombudsman's power to place her in the meantime under preventive suspension.) This provision of course does not mean that reinstatement should not follow except in the event of exoneration.
The issue regarding payment of back salaries during the period of suspension of a member of the civil service who is subsequently ordered reinstated.” It is the nature of the charge against an officer or employee which determines whether he may be placed under preventive suspension. Reyes
. Such payment of salaries corresponding to the period when an employee is not allowed to work may be decreed if he is found innocent of the charges which caused the suspension and when the suspension is unjustified
Ysaac and Wong Compilation | LPU. is already settled in our jurisdiction. These submissions are incorrect. an opportunity to seek reconsideration of the action or ruling complained of. or if there are reasons to believe that the respondent is guilty of charges which would warrant his removal from the service. Section 51 of Executive Order No. The essence of due process is simply an opportunity to be heard or.[ADMINISTRATIVE LAW AND ELECTIONS LAW CASE DOCTRINES – MIDTERMS] August 26.
The ability to strike is not essential to the right of association. public employees do not have the right to engage in concerted work stoppages for any purpose. petitioners’ claim is premised on the allegation that their preventive suspension. as applied to administrative proceedings. are illegal. 2013
Respondent Deputy Ombudsman Mojica had personal knowledge of the facts justifying the preventive suspension of petitioner and the Provincial Prosecutor since the acts alleged in the administrative complaint against them were done in the course of their official transaction with the Office of the Ombudsman. as well as the immediate execution of the decision dismissing or suspending them. The administrative complaint against petitioner and Provincial Prosecutor Kintanar was filed in connection with their designation as deputies of the ombudsman in the prosecution of a criminal case against Mayor Rogelio Ilustrisimo. REINSTATEMENT AND BACK SALARIES Bangalisan vs. oppression or grave misconduct. In the absence of statute. On the issue of back wages.College of Law – Atty. 292 provides that “(t)he proper disciplining authority may preventively suspend any subordinate officer or employee under his authority pending an investigation. the demands of due process were sufficiently met.  For as long as the parties were given the opportunity to be heard before judgment was rendered. CA
Mass actions to dramatize grievances. ILLEGAL DISMISSAL. or neglect in the performance of duty. if the charge against such officer or employee involves dishonesty.