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AdminLaw DeLeon PDF
AdminLaw DeLeon PDF
All elective and appointive officials, including Creation of municipalities (Pelaez v. Auditor-
cabinet members, GOCCs and local General)
government are within his jurisdiction. Imposition of criminal penalties (US v.
Those who may be removed only by Barrias)
impeachment are not within his jurisdiction Designation of a particular act as a crime
The Ombudsman may not veto or revise an (People v. Maceren)
exercise of judgment or discretion by an Creation of standards on the part of the
agency or officer upon whom that judgment agency
or discretion is lawfully vested, esp. where
the matter involves basically technical
Requisites for a valid delegation (Pelaez v.
matters coming under the special technical
Auditor General)
knowledge and training of the agency /
officer. (Concerned Officials of MWSS v. a) the law must be complete in itself; must set
Vasquez (1995), where the Ombudsman forth a policy to be executed
was held to have interfered with a bid-and- b) must fix a standard, the limits of which are
award contract.) sufficiently determinate or determinable, to
The Ombudsman has no jurisdiction to which the delegate must conform in the
initiate an investigation into the alleged performance of his functions.
delay in the disposition of a judicial case. It
is the Supreme Court which has The standard may be express or implied
administrative supervision over all courts (Edu v. Ericta)
and the personnel thereof. (Dolalas v.
The standard does not have to be found in
Office of the Ombudsman, 1996)
the law being challenged. It may be
embodied in other statutes on the same
subject matter as that of the challenged In Santiago v. COMELEC, RA 6735 is
legislation. [Chongbian v. Orbos (1995). incomplete, inadequate or wanting in
Here, the challenged law was the ARMM essential terms and conditions insofar as
Organic Act. The standard was found in the initiative on amendments to the
Reorganization Act.] Constitution is concerned. COMELEC
resolution is void as there are no
standards at all, no legislative policy.
Examples of sufficient standards include:
In Panama Refining Co. v, Ryan, for subordinate
Assumption by Labor Minister over strikes rules to be valid, such must be within
affecting national interest (Free Telephone prescribed limits of the statute creating or
Workers Union v. Minister of Labor and granting such authority.
Employment, 1981)
In A.L.A. Schecter Poultry Corp. v. U.S., the
Reorganization of administrative regions in
legislature cannot make a sweeping
ARMM (Chiongbian v. Orbos, 1995)
delegation of legislative power.
Standard may be implied from other laws,
e.g. RA 5435 (simplicity, economy,
efficiency) 2. Permissible Delegation
Fixing of rates by National The Legislature must establish the standard;
Telecommunications Commission AAs only to make subordinate rules
(Philcomsat v. Alcuaz, 1989) The standards
used were public safety, public interest,
a. Ascertainment of fact (Lovina v. Moreno)
reasonable feasibility and reasonable rates
(case to case basis) b. Filling in of details (Alegre v. Collector of
Customs)
WON rate-fixing is legislative or quasi-
judicial
3. Administrative Rule making
Legislative Quasi-judicial Administrative rule-making or subordinate
legislation
No notice and Notice and
hearing required hearing Valid as long as germane, consistent,
unless the law required implements the law
requires To be able to Normative and prescriptive in character
present has the force and effect of law; affects
evidence and substantive rights
prove the must not go beyond the standards
possible prescribed by the law.
adverse
effects on its General in application
financial
viability INNOVATIONS IN BOOK VII
1) date of effectivity : 15 days after filing with
UP Law Center
- publication - submit to UP Law Center
a) Quarter bulletin
b) up-to-date codification
EO 200 allowed publication I na newspaper
of general circulation
Art. 2 NCC - 15 days after publication in the
OG
Adm. Code - 15 days after filing