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COURSE OUTLINE IN ADMINISTRATIVE LAW,

LAW ON PUBLIC OFFICERS & ELECTION LAW


(Every Wednesday, 4:30 pm – 7:30 pm)

A. Classroom rules:
1. Attendance will be checked at the beginning of every meeting.
2. Recitation will be conducted every meeting. Students are expected, therefore,
to come to class prepared and to have read the materials scheduled to be covered
during the meeting. When a student is reciting, the rest of the class is expected to
listen to him. Students are encouraged to participate in the discussion by asking
questions.
3. A student who is called to recite is expected to close his book during his
recitation.
3. Electronic gadgets are not prohibited during class hours. A student is
expected, however, to turn off his mobile phone or to put it on silent mode as
soon as he steps into the classroom. If the student expects a call during the
meeting, he can take the call by discretely leaving the classroom.

Laptops, tablets, and other similar electronic devices, are not, likewise,
prohibited but the students who are called to recite should close these electronic
devices for the duration of their recitation. The same rule applies to mobile
phones that serve as data storage.

4. Any student may discretely leave the classroom if and when absolutely
necessary. When a student is not in the classroom when called for recitation, he
will be given a grade of 5.

B. Bases for student evaluation at the end of the semester:


Recitation - 20%
Prelim & Mid-Term Exams - 30%
Final Exam - 50%

No grade of 4.
PART I

ADMINISTRATIVE LAW

I. Introduction

 Neptali Gonzales, Administrative Law, Chapt. 1


 15 SCRA 373-376

A. Definition
B. Origin
C. Distinguished from other disciplines
D. Kinds of administrative law
E. Advantages of administrative action over both legislative and judicial action

II. Basic Principles

 Gonzales, Chapt. 3

A. Separation of powers

 U.S. v. Bull, 15 Phil. 7

B. Non-delegation of powers

C. Tests of validity of delegation of powers

 People v. Vera, 65 Phil. 56


 Araneta v. Dinglasan, G.R. No. L-2044, Aug. 26, 1949
 Rodriguez v. Gella, G.R. No. L-6266, Feb. 12, 2953
 Rubi v. Prov’l Board of Mindoro, G.R. No. L-14078, Mar. 7, 1919
 Municipality of Cardona v. Municipality of Binangonan, G.R. No. L-10202,
Mar. 27, 1917
 Pangasinan Transportation Co. v. Public Service Commission, 70 Phil. 221
 Calalang v. Williams, 70 Phil. 726
 Cervantes v. Auditor General, G.R. No. L04043, May 26, 1952
 Pelaez v. Auditor General, 15 SCRA 569
 Vigan Electric Light Co. v. Public Service Commission, 10 SCRA 46

III. Creation, establishment and abolition of administrative agencies


 Gonzales, Chapt. 2

A. Nature
B. Definition
C. Creation
D. Control over administrative agencies
E. Abolition

 E.O. No. 292, Book III, Chapt. 10, Sec. 31; Book VII, Chapt. 1, Sec. 2(1)
 1987 Constitution, Art. IX; Art. X, Sec. 11; Art. XI, Secs. 5, 13; Art. XII,
Secs. 9, 15, 20; Art. XIII, Secs. 17, 18; Art. XIV, Sec. 9
 Biraogo vs. Truth Commission, G.R. No. 192935, Dec. 7, 2010
 Lacson-Magallanes, Co., Inc. v. Pano, 21 SCRA 895

IV. Powers and functions of administrative agencies

 Gonzales, Chapt. 4

A. Rule-making
B. Adjudication
C. Incidental

 Sierra Madre Trust vs. Secretary of Agriculture, 121 SCRA 384


 Antipolo Realty Corp. vs. National Housing Authority, 153 SCRA 399
 City of Baguio vs. Nino, 487 SCRA 216
 Department of Agrarian Reform vs. Sutton, 473 SCRA 392
 Cabarrus vs. Bernas, 279 SCRA 388

D. Requirements for enforcement of administrative issuances

 GMA Network, Inc. vs. Movie & Television Review & Classification
Board, 514 SCRA 191
 Tanada vs. Tuvera, 146 SCRA 446
 People v. Que Po Lay, 94 Phil. 640
 People v. Maceren, 79 SCRA 450

E. Tests for the validity of administrative powers

V. Administrative adjudication
 Gonzales, Chapt. 5

A. Limitation on the conferment of quasi-judicial power


 Miller vs. Mardo, 2 SCRA 898
 Cabarrus vs. Bernas, 279 SCRA 388

B. Jurisdiction
 Taleon vs. Secretary of Public Works, 20 SCRA 69
 RCPI vs. Board of Communications, 80 SCRA 471
 National Housing Authority vs. Commission on the Settlement of Land
Problems, 505 SCRA 38

C. Rules of procedure
 Espinoza vs. Provincial Adjudicator, 516 SCRA 635
 Perez vs. People, 544 SCRA 532

D. Privilege against self-incrimination


 Chavez vs. Court of Appeals, 24 SCRA 663
 Galman vs. Pamaran, 138 SCRA 294
 Bengzon, Jr. vs. Senate Blue Ribbon Committee, 203 SCRA 767

E. Substantial Evidence Rule


 Ang Tibay vs. Court of Industrial Relations, 69 Phil. 635
 De Jesus vs. Guerrero III, 598 SCRA 341

VI. Administrative enforcement and sanctions

 Gonzales, Chapt. 6

A. Administrative subpoena
 Evangelista vs. Jarencio, 68 SCRA 99

B. Power of contempt
 Masangkay vs. Comelec, 6 SCRA 27

C. Administrative sanctions
D. Summary powers
E. Judicial enforcement

VII. Judicial review

 Gonzales, Chapt. 7
A. When judicial review is available
i. Finality of administrative action

 Philippine American Life Insurance Co. vs. Social Security System,


20 SCRA 161
 UCPB v. E. Guanzon, Inc., 591 SCRA 321

ii. Exhaustion of administrative remedies


 Lastimoso vs. Asayo, 517 SCRA 522
 Hongkong & Shanghai Bank vs. GG Sportswear Mgf. Co., 489
SCRA 578
 Joson III vs. Court of Appeals, 482 SCRA 360

iii. Doctrine of prior resort


 Quiambao vs. Court of Appeals, 454 SCRA 17

iv. Certiorari
 St. Martin Funeral Homes v. NLRC, 295 SCRA 494

v. Prohibition
 Paredes v. Court of Appeals, 253 SCRA 126

vi. Mandamus
 PRC v. De Guzman, 432 SCRA 505

vii. Scope of judicial review


 Republic vs. Manila Electric Co., 391 SCRA 700
 Batangas Transportation Co. vs. Laguna Transportation Co., 104
Phil. 992

B. Appeal
i. Doctrine of qualified political agency
 Villena vs. Sec. of Interior, 67 Phil. 451
 Bongcavil vs. Provincial Board, 10 SCRA 327
 Roque vs. Director of Lands, 72 SCRA 1
 Benguet Exploration, Inc. vs. Sec. of Agriculture and Natural
Resources, 75 SCRA 285

ii. Questions Subject to Judicial Review


 Metropolitan Bank & Trust Co. vs. ASB Holdings, Inc., 517 SCRA 1
 Office of the Ombudsman v. Santos, 486 SCRA 463
vi. Appeal to Office of the President
 Land Car, Inc. vs. Bachelor Express, Inc., 417 SCRA 307
 Department of Agrarian Reform vs. Uy, 515 SCRA 376