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LAW ON PUBLIC OFFICERS – OUTLINE Independence of the Ombudsman – Read Gonzales vs.

Office
of the President,
I. General Principles
Nature and Elements of Public Office GR No. 196231-32, January 28, 2014
Modes of Acquiring Title to Public Office
II. Appointment of Public Officers Judicial Review- The Court of Appeals has appellate
III. Eligibility and Qualification Requirements jurisdiction over Ombudsman decision in administrative cases;
IV. Disabilities and Inhibitions of Public Officers but CA has no jurisdiction over decisions of the Ombudsman
V. Rights and Liabilities of Public Officers in criminal cases.
VI. De Facto vs. De Jure Officers Read- Gatchalian vs. Office of the Ombudsman, GR No.
VII. Termination of Services 229288, August 1, 2018
VIII. Accountability of Public Officers
(These are covered by the notes I sent by email) Topic: Office of the Special Prosecutor
Read- 1987 Philippine Constitution, Article XI, Section 7

ADMINISTRATIVE LAW- OUTLINE RA No. 6770

Note: Textbook- Administrative Law, Law on Public Officers Uy vs. Sandiganbayan, GR Nos. 105965-70, March
and Election Laws by Ruben E. Agpalo 20, 2001

I. General Principles Topic: The Sandiganbayan


Definition of Administrative Law
Read – RA No. 8249
Separation of Powers among the Executive,
Legislative and Judicial Departments - 2018 Revised Internal Rules of the
Delegation of Legislative Powers Sandiganbayan
Creation and Abolition of Administrative
Agencies
Power of Control – Doctrine of Qualified
Political Agency
Power of Supervision
Power of Investigation/Fact Finding
Power of Rate-fixing
References: The Philippine Constitution; RA No. 6770 (1987
Administrative Code); Marcos vs. Manglapus, 177 SCRA 668
II. Quasi-legislative (Rule-making) Power
Kinds of Administrative Rules and Regulations
Notice and Hearing in Promulgation of Rules
and Regulations
Test to Determine Validity of Rules and
Regulations
-Completeness Test
-Sufficient Standard Test
Effectivity of Rules and Regulations
Contemporary Construction of Rules and
Regulations
III. Quasi-Judicial Functions
Meaning of quasi-judicial function
Jurisdiction
Administrative Procedure
Administrative Due Process
Administrative Appeal and Review
Doctrine of Primary Jurisdiction
Doctrine of Exhaustion of Administrative
Remedies

IV. Judicial Review (General Principles)


Topic: The Ombudsman
References: 1987 Philippine Constitution, Article XI, Sections
5-6, 8-14
RA No. 6770
Functions of the Ombudsman- Sec. 13 Art. XI Constitution
Jurisdiction of the Ombudsman – Read Carpio-Morales vs.
Binay (copy earlier emailed)
Also read - Ombudsman vs. Masing, GR No. 165416;
Jan. 22, 2008
- Ombudsman vs. Laja, GR No. 169241,
May 2, 2006

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