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ADMINISTRATIVE LAW (NEW ERA UNIVERSITY COLLEGE OF LAW) ASSIGNMENT FOR

JANUARY 27, 2017

I. STATUTORY ANCHOR

1. Administrative Law defined

2. Legal basis

Executive Order No. 292 instituting the Administrative Code of 1987; signed into law on July
25, 1987

3. Rationale for the enactment of the new Administrative Code; preambular clauses of
the law

II. THE GOVERNMENT

1. General terms

Government of the Republic of the Philippines

National Government

Local Government

Agency of the Government


National agency

Local Agency
Department
Bureau
Office
Instrumentality
Regulatory agency
Chartered institution
Government-owned or controlled corporation
Officer
Employee
2. Sovereignty and general administration

National territory

Territorial subdivision

3. The people of the Philippines

Concept of citizenship

Tecson vs. Comelec, GR 161434,March 03, 2004, 424 SCRA 277

Jus soli principle

Jus sanguinis principle

Filipino citizens

Bengson III vs. HRET, GR142840 , May 07, 2001, 357 SCRA 545

Kinds of citizens

Ways of acquiring citizenship

Natural-born citizen

Section 2, Article IV, 1987 Constitution

Effect of marriage to alien on citizenship

Tabasa v. CA, GR 125793. Aug. 29, 2006

Loss and reacquisition of citizenship

Maquiling v. Comelec, GR 195649, April 16, 2013, 696 SCRA 420

Dual allegiance vs. Dual citizenship

Republic Act No. 9225

Mercado v. Manzano, GR 135083. May 26, 1999, 307 SCRA 630

4. State immunity from suit

Non-suability of the State


States responsibility for the acts of its agents

5. National symbols and official languages

Republic Act No. 8491or the Flag and Heraldic Code of the Philippines.

National flag

National anthem

Republic Act No. 1265

Ebralinag vs. The Division Superintendent of Schools of Cebu, GR 95770, March 01, 1993,

219 SCRA 256

Arms and Great Seal of the Republic

Article 161 of the Revised Penal Code

Use and custody of Great Seal

Arms, seals and banners of government offices

Official languages

III. GENERAL PRINCIPLES

1. Scope of Administrative Law

Administrative law embraces all the law that controls, or is intended to control, the administrative

operations of the government.

2. Sources of Administrative Law

Administrative law is derived from four sources or is of four (4) kinds:

Constitution or statutory enactments

e.g. Social Security Act which established the Social Security Commission.
Decisions of courts interpreting the charters of administrative bodies

Rules and regulations issued by the administrative bodies

e.g. Omnibus Rules Implementing the Labor Code.

Determinations and orders of the administrative bodies in the settlement of

controversies

Cases:

1. Leveriza v. IAC, GR L-66614, Jan. 25, 1988, 157 SCRA 282

2. Malagas v. Penachos, Jr., GR 86695, Sept. 3, 1992, 213 SCRA 516

3. Mecano v. COA, GR , 103982, Dec. 11, 1992, 216 SCRA 500

4. Preclaro v. Sandiganbayan, GR , 111091, Aug. 21, 1995, 247 SCRA 454

5. Luzon Dev. Bank v. Association of Luzon Dev. Bank Employees, GR 120319, Oct. 6,

1995, 249 SCRA 162

6. Iron and Steel Authority v. CA, GR 102976, Oct. 25, 1995, 249 SCRA 538

7. Balicas v. FFIB, Office of the Ombudsman, GR 145972, Mar. 23, 2004, 426 SCRA

194