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ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS &

ELECTION LAW
Prof. Noemi S. Macababbad

ADMINISTRATIVE LAW

A. General Principles
-E.O. 292
-Ople v. Torres, G.R. No. 127685, July 23, 1998

B. Administrative Agencies
C. Power of Administrative Agencies
1. Quasi Legislative or Rule Making Power
a) Kinds of administrative rules and regulations

- Republic vs. Drugmakers Lab. Inc., GR No. 1900837,


March 5, 2014
- Hon. Exec. Secretary vs. Southwing Heavy Industries,
482 SCRA 673, February 20, 2006
- Lokin v. COMELEC, GR No. vs. COMELEC, GR No.
179431, June 22, 2010
- Abella, Jr. vs. CSC, GR No. 152574, November 17, 2004
- GMA Network vs. COMELEC, GR NO. 205357,
SEPTEMBER 2, 2014

2. Quasi-judicial (adjudicatory) power


a) Administrative Due Process
b) Administrative Appeal and Review
c) Administrative Res Judicata
- Heirs of Derla vs. Derla vda De Hipolito, GR No.
157717, April 13, 2011
- Razon vs. Inciong, GR No. L-51809, December 19, 1980
- Encinas vs. Agustin, GR No. 187317, April 11, 2013

3. Fact Finding, investigative, licensing and rate fixing


powers

d) Judicial Recourse and Review

Doctrine of Exhaustion of Administrative Remedies


Doctrine of Primary Administrative Jurisdiction (or
Preliminary Resort- Ayala Land, Inc. vs. Simeona
Castillo, et al GR No. 178110, June 15, 2011
Doctrine of Exhaustion of Administrative
Remedies- Magalang vs. PAGCOR, GR No.
190566, December 11, 2013

Doctrine of Finality of Administrative Action

Exemptions to the Doctrine of Exhaustion of Administrative


Remedies- Rep., et. al. vs. Lacap, March 2, 2007.

LAW ON PUBLIC OFFICERS

A. General Principles
- Sec. 32 Administrative Code
- Fernandez vs. Santo Tomas, March 7, 1995
- Section 1, Article XI, Constitution
B. Characteristics of a Public Office
a. Not a property.
b. Public Office, as public trust.
- Court Personnel vs. Llamas, 447 SCRA 60 (2004)
- Ombudsman v. Jurado, 561 SCRA 135 (2008)

c. No vested interest or an estate in an office.


d. Personal and not transmissible
- Lim v. Arce, 205 SCRA 21
- Cornejo v. Gabriel, November 17, 1920
- COMELEC v. Cruz, November 20, 2009
- Castro vs. COMELEC, GR No. 125249, February 7, 1997
- Lumiqued v. Exevea, November 18, 1997

1. Creation of Public Office


2. Classification of Public Officers
-Gonzales v. Hechanova 9 SCRA 230
Eligibility
- Aguila v. Genato, 103 SCRA 1981

3. Modes and Kinds of Appointment


- Laxamana v. Borlaza, 47 SCRA 29, 1972
- Binamira v. Garucho 188 SCRA 154, 1990
- Luego v. CSC, 143 SCRA 327

4. Presidents Power of Appointment


5. Qualifications of Appointive Constitutional Officers
6. Disabilities and Inhibitions of Public Officers
a) General Disqualifications
b) Specific Disqualifications
1. President, Vice President, Members of Cabinet,
Deputies or assistants
2. Senators, Representatives
Incompatible Office & Forbidden Office
3. Justices and judges
4. Constitutional Commission, Ombudsman and
Deputies
5. Constitutional Commission appointed to term of
seven years, without re appointment
6. Spouse and relatives by consanguinity or affinity
within 4th civil degree of the President prohibited
positions

7. General Prohibitions on Public Officers


a) Rep Act 6713 Section 7
b) Partisan Political Activities
c) Additional or Double Compensation
d) Limitations on Laborers
e) Detail or Reassignment
f) Nepotism
g) Prohibition to Strike
h) Restriction against engaging in private business
i) 1987 Administrative Code
j) SALN (RA 6713)
8. Powers and Duties of Public Officers
Ministerial and Discretionary
9. Rights of Public Officers
10. Liabilities of Public Officers

Doctrine of Command Responsibility- Arias vs.


Sandiganbayan, 180 SCRA 309

11. De Facto and De Jure Officers


12. De Facto vs. Usurper
13. Termination of Official Relation
14. CSC Law- Kinds of Appointment
15. Accountability- Revised Penal Code and Graft and Corrupt
Practices Act RA3019, 1379
ELECTION LAW

Cases:
1. Go v. Ramos (2009)
2. Jalosjos v. COMELEC (April 24, 2012
3. Marcos v. COMELEC (1995)
4. Santiago v. COMELEC (1997)
5. Rimando v. Commission on Elections, G.R. No. 176364 (2009)
6. Hayudini v. Commission on Elections, G.R. No. 207900, April
22, 2014

A. Election
B. Plebiscite
C. Initiative
D. Referendum
E. Political Parties
F. Election Offenses
G. Campaign Offenses
H. Electoral Contest
Pre proclamation contest
Election Protest
Quo Warranto
I. Automated Election