Administrative Appeal & Review

Doctrine: When an administrative appeal is available, special civil action of certiorari cannot be availed
G.R.: An appeal from a final decision of the agency may be taken to department head/administrative superior
-within 15 days after receipt of copy of decision complained of
-filing a Notice of Appeal with the agency which adjudicated the case
-Right to appeal is merely a statutory privilege and may be executed only in the manner and in accordance with the
provision of law
-Important to allege and prove that no other speedy and adequate remedy
Note: Only one MFR allowed
Doctrine of Finality of Administrative Action: Courts will not interfere with the act of an administrative agency before
it has reached finality or has been completed
-the decision of the appellate agency shall become final and executory 15 days after the receipt by the parties copy
thereof
Appeal to the President is the final step in the administrative process and therefore a condition precedent to appeal to
the courts
G.R.: Appeal to President (OPP): plain, speedy and adequate remedy afforded by and within executive department
before resorting to judicial intervention
EXP 1: No need to appeal to OPP when there is already a special law that provides for a different mode of appeal
EXP 2:Doctrine of Exhaustion of Administrative Remedies does not apply where the respondent is a department
secretary whose acts, as an alter ego of the President, bears an implied approval of the latter, unless actually
disapproved by him

Administrative Due Process

Doctrine: While free from rigidity of certain procedural requirements, they cannot entirely ignore or disregard the
fundamental and essential requirements of due process in trials and investigations of an administrative character
-Essence of due process simply lies in the opportunity to explain ones side or to seek consideration
-Also proscribed is the absolute lack of notice or hearing
Cardinal Rights to be observed in Administrative Proceedings:
1) Right to a hearing
2) Tribunal must consider the evidence presented
3) Decision must be supported by evidence
4) Evidence must be substantial
5) Decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed
to the parties affected
6) Body or any of its judges must act on his own independent consideration of the law and facts of the controversy, and
not simply accept the views of a subordinate in arriving at a decision
7) Decide in such manner that the parties to the proceeding can know the various issues involved and the reasons for the
decision rendered
NOTE: Due process in administrative cases (quasi-judicial function of an administrative body) = right to be heard
(notice and hearing) and opportunity to present evidence is sufficient (explain ones side)
-trial type hearing is not required

Doctrine of Exhaustion of Administrative Remedies

Doctrine: When a plain, adequate, and speedy remedy is afforded by and within executive department, the courts will not
interfere until at least that remedy has been exhausted
-courts will not entertain a case unless the available administrative remedies have been resorted to and the
appropriate authorities have been given an opportunity to act and correct the errors in the administrative forum
-based on practical and legal reasons (lesser expenses and speedier disposition of controversies)
Note: Failure to Exhaust = fatal to ones cause of action = PREMATURE = DISMISSED for lack of COA
Exceptions*:
1) Estoppel
2) Administrative Act is patently illegal; amounting to lack of jurisdiction
3) Unreasonable delay or inaction that will prejudice complainant
4) Amount involved is small (impractical)
5) Purely Legal question
6) Judicial intervention is urgent
7) Application of the doctrines may cause great and irreparable damage
8) Controversial acts violate due process
9) Issue of exhaustion is moot
10) Strong public Interest
11) Quo Warranto Proceeding
*Condensed into: Grave abuse of discretion, Pure Question of Law, or No other plain, speedy, or adequate remedy

Doctrine of Primary Jurisdiction

Doctrine: Does not warrant a court to arrogate unto itself the authority to resolve a controversy the jurisdiction over
which is initially lodged with an administrative body of special competence
-courts will not intervene if the question to be resolved is one which requires the expertise of administrative agencies
Note: Failure to Exercise Primary Jurisdiction = DISMISSED w/o Prejudice = referred to administrative body

PUBLIC OFFICERS
Public Office: is a PUBLIC TRUST, not a proprietary right (no vested right)
-public trust implies fiduciary relationships between public and public officers (trustees)
-public officers (one who holds public office) and employees must at all times be accountable to the people; serve them
with utmost responsibility, integrity, loyalty, and efficiency
- it is however a PROTECTED RIGHT=due process must be observed
Created by (force of law):
1) Constitution
2) Statute
3) Authority of Law
Note: Power to create a public office includes the power to destroy
-power to abolish a public office is lodged with the legislature
Ombudsman: has the power to investigate and malfeasance, misfeasance, and nonfeasance by a public officer
Ministerial v. Discretionary actions
Ministerial Act or Duty: one which an officer or tribunal imperatively performs in a given state of facts, in a prescribed
manner, in obedience to the mandate of a legal authority, without regard to or the exercise of his own judgment upon
the propriety or impropriety of the act done
=w/o exercise of official discretion or judgment
=can be compelled by Mandamus
=can be delegated
Discretionary Act or Duty: law gives public officer the right to decide how or when the duty shall be performed
=w/ exercise of official discretion or judgment
=cannot be compelled by Mandamus (exp when there is grave abuse)
=cannot be delegated
Note: the use of discretion and the performance of a ministerial act are mutually exclusive
Modes of Acquiring Title to Public Office
1) Appointment
2) Election
3) In some instances by contract or other modes authorized by law
Appointment=selection of an individual to exercise functions; when complete results in security of tenure
Designation= imposition by law of additional duties on incumbent official (temporary)
Classifications of Government Employment
Civil service
1) Career Service (w/ competitive examination; w/ security of tenure)
2) Non-career Service (w/o competitive examination; limited security of tenure specified by lawusually coterminous
with the appointing authority)
SECURITY OF TENURE: no officer or employee in the civil service shall be suspended or dismissed except for a cause
provided by law and after due process (after he shall have been given the opportunity to defend himself)

Classifications of Appointments
Appointment: act of designation by the officer, board, or body to whom that power has been delegated of the individual
who is to exercise the powers and functions of a given office
-it is a discretionary power (on the choice of person and nature/character of the appointment intended) = only
performed only if the appointee should possess the necessary and required qualifications required by law
EXP: review of Commission of Appointments on the appointments of the President
-it is generally an executive function = legislative appointments are repugnant to the constitution
1) Permanent extended to a person who meets all the requirements for position to which he is being appointed; thus
enjoys SECURITY OF TENURE
2) Temporary- extended to a person who may not possess the requisite qualifications or eligibility and is revocable at will
without necessity of just cause or investigation. However, if appointment is for a specific period, such may not be
revoked until expiration of the term
Note: temporary appointments shall not exceed 12 months; acquisition of civil service eligibility will not automatically
convert temporary appointment to a permanent one
Discipline
-court duty bound to sternly wield a corrective hand to discipline errant employees and weed out undesirable
-administratively liable if disciplinary action was done habitually
Preventive Suspension
-not a penalty in itself
= a measure of precaution so that the employee who is charged may be separated from the scene of his alleged
misfeasance while the same is being investigated, to prevent him from using his position or office to influence prospective
witnesses or tamper with the records which may be vital in the prosecution of the case
-can be ordered without a hearing because it is only a preliminary step in an administrative investigation
-maximum of 90 days
Note: Respondent shall be considered as having been under preventive suspension during the pendency of the appeal, in
the event he wins the appeal (entitled to compensation for period of suspension pending appeal if found
innocent=punitive in character if pending appeal)
Appeals
When available:
1) Demotion
2) Dismissal, or
3) Suspension for more than 30 days or fine equivalent to more than 30 day salary
When not available (final and unappealable):
1) Suspension for not more than 30 days or fine not equivalent to more than 30 day salary
2) Censure
3) Reprimand
4) Admonition
G.R.: Decisions are initially appealable to the department heads and then to CSC
EXP: Decisions which exonerate the respondent or impose upon him penalty of not more than 30 days or a fine in an
amount not exceeding 30 day salary, or reprimand, or censure, or admonition (all final and unappealable)
Note: only respondent can appeal to CSC for an adverse decision; the complainant in an administrative disciplinary case
is only a witness, and as such, the latter cannot be considered as an aggrieved party entitled to appeal from an adverse
decision
Salary
Salary of a public officer may not by garnishment, attachment or order of execution be seized before being paid to him,
and appropriated for the payment of his debts
-salary check of a government officer/employee does not belong to him before it is physically delivered to him
Note: right of a de facto officer (holding of office rests on reputation and colorable title, not right) to salary=if in good
faith has had possession of office
Personal liability
Liabilities of Public Officers:
1) Criminal liability
2) Civil liability
3) Administrative liability
Doctrine of Command Responsibility: superior office is liable for the acts of his subordinate

Election law
-election period shall commence 90 days before the day of election and shall end 30 days thereafter
Election Campaign= act designed to promote the election or defeat a particular candidate to a public office
Period of campaign:
Pres and VP 90 days
Congress and local 45 days
Barangay 15 days
Special election 45 days
Note: Campaign period shall not include the day before and the day of election
Premature Campaigning
G.R.: It shall be unlawful for any person (voter or candidate, or party or association) to engage in an election campaign or
partisan political activity except during campaign period = considered as an election offense
-use of lawful election propaganda under Fair elections act is subject to supervision and regulation by COMELEC
EXP: political parties may hold political conventions to nominate their official candidates before the start of the period
for filing COC
Note: candidate is liable for an election offense only for acts done during the campaign period, not before
= before the start of the campaign period, such election offenses cannot be committed and any partisan political activity
is lawful
Labo mehhhhn

Doctrine of Rejection of 2nd Placer

G.R.: A second placer cannot be declared elected
EXP: if the one who obtained the highest number of votes is disqualified, and the electorate is fully aware in fact and in
law of the candidates disqualification
Note: can only be applied when the disqualification is after the election
2 Requirements:
1) Decision disqualification remained pending on election day
2) Decision disqualification became final only after the elections
Partylist
The Party-List System Act, or Republic Act No. 7941, provides for the election ofparty-list representatives
A party or organization, upon applying for accreditation with the Comelec, also submitted a list of up to 5 nominees. If
the party or group wins, the first nominee becomes the congressman. If the group wins another seat, the second
nominee becomes congressman too.
Although there are 58 seats available for the party list (the Constitution mandates that 20% of the total number of seats
in the House of Representatives will be for the party list), you are not voting for as many groups. Of the 136 parties and
organizations vying, you can only vote for one.
According to RA 7941, any national, regional, or sectoral party or coalition may join once accredited by the Comelec.
Banned from the party list are groups that are religious, advocate violence and other illegal ways in its advocacy, and are
foreign or foreign-funded.