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ADMINISTRATIVE LAW -Branch of public law which fixes the organization and determines the competence of administrative authorities and indicates to the individual remedies for the violation of the rights. KINDS 1.statues setting administrative authorities up CREATION, either by: 1. Constitutional provision 2. Legislative enactment or 3. Authority of the law A body or agency is administrative where its function is primarily regulatory even if it conducts hearing and determines controversies to carry out its regulatory duty. On its AUTHORITY, RULE MAKING ADMINISTRATIVE AGENCIES BODIES /
Organ of government, other than the court and other than the legislature, which affects the rights of private parties either thru adjudication ( Q.J ) or rule making ( Q. L )
2. rules and regulations or orders of such administrative authorities promulgated pursuant to the purpose for which they were created 3. determinations, decisions and orders of such administrative authorities made in the settlement of controversies arising in their particular fields 4. Body of doctrines and decisions dealing with the creation, operation and effect of determinations and regulations of such administrative authorities 2 MEANING ADMINISTRATION OF
It is administrative when it does not have discretion to determine what the law shall be but prescribes details for the enforcement of the law. TYPES I. Bodies set up to function in situations where the government is: a. Offering some grant or privilege ( B of Lands) gratuity, special
1. As a FUNCTION The execution , in nonjudicial matters, of the law or will of the state as expressed by competent authority 2. As an ORGANIZATION That group or aggregate of persons in whose hands the reins of government are for the time being. KINDS: 1. INTERNAL Legal side of public administration ( matters concerning personnel, fiscal and planning activities ) 2. EXTERNAL Deals with the problem of government regulations ( regulation of lawful calling or profession, industries or businesses )
b. Seeking to carry on certain actual business of govt ( BIR ) c. performing some business service for the public ( MWSS)
d. Seeking to regulate business affected with public interest ( LTFRB) e. Seeking under the police power to regulate private business and individuals ( SEC ) f. Seeking individual to adjust controversies
bec of strong social policy involved ( ECC ) g. Bodies set up to make the government a private party ( GSIS ) POWERS ADMINSTRATIVE BODY 1. Quasi-Legislative making power / OF rule KINDS REG: / 1. Supplementary Detailed Legislation / Rules and reg to “ fix the details “ in the execution and enforcement of a policy set out in the law ( IRR ) 2. Interpretative legislation The exercise of delegated legislative power, involving discretion as to what the law shall be, but merely the authority to fix the details in the execution or enforcement of a policy set our in the law itself, -rules and regulations issued pursuant to the delegated power have the force and effect of law, they are binding on all persons subject to them and the courts will take judicial notice of them -the function of promulgating rules & reg may be legitimately exercised only for the purpose of carrying out the provisions of the law into effect, Thus, admi reg cannot extend the law or amend a legislative enactment, for settled is the rule that administrative reg must be in harmony with the provisions of the law Administrative Issuances must not override, but must remain consistent with the law they seek to apply and implement, They are intended to carry out; not supplant nor to modify the law. -PPA has no discretion w/n to implement the law, its duty is to enforce the law Rules and reg construing or interpreting the prov of a statue to be enforced and they are binding on all concerned until they are changed ( BIR Circular ) They have the effect of law and are entitled to great respect, they have in their favor the presumption of legality. 3. Contingent legislation Rules and Reg made by admin authority on the existence of certain facts or things upon which the enforcement of the law depends. 4. Subordinate legislation Is designed to implement a law by providing its details, and before it is adopted there must be a Hearing. When an admi rule substantially adds to or increases the burden of those concerned, an admin, agency must accord those directly affected a chance to be heard before its issuance. Vs. interpretative rules. REQ FOR VALIDITY: / OF ADMI RULES / In case of conflict bet, PPA Circular and a law like E.O. 1088, the latter prevails. ADMINISTRATIVE ORDER Is an ordinance issued by the Pres, which relates to specific aspects in the administrative operation of gov.
2. Quasi-Judicial Adjudicatory power 3. Determinative power Incidental power QUASI POWER –
1. Issued of law under authority and partake the nature legislative character. of a /
2. Within the scope purview of the law
2. Adjudicative function Q. J. function
When the regulatory system has been set up by law, it is beyond the power of the admi agency to dismantle it. Any change in policy must be made by the legislative dept. 3.reasonable 4.publication Except in cases of a. interpretative rules and regulations or b. those merely internal in nature or c. the so called letters of instruction issued by administrative superior concerning the rules and guidelines to be followed by their subordinate in the performance of their duties publication must be in full or it is no publication at all. ADMINISTRATIVE RULES WITH PENAL SANCTIONS: 1. law must declare itself as punishable for the violation of the admi r & reg. 2. law should define or fix the penalty for the violation of admin R & Reg 3. it must be published. HELD that the function of prescribing rates by an admi agency may either be: 1. Legislative function The grant of prior notice and hearing to the affected parties is not a requirement of D.P. Where the rules & reg are merely to apply to ALL enterprises of a given kind throughout the country, they
Prior notice & hearing essential to the validity of such rates. If they apply exclusively to a particular party, based upon findings of fact, then its function is Q. Jud in character. MACEDA VS. ERB While under E.O. 172, a hearing is indispensable it does not preclude the Board from ordering ex-parte, a provisional increase subject to its final disposition w/n to make it permanent to reduce or increase it further or to deny the application. S3© is akin to TRO or Writ of preliminary attachment, which are given ex parte and which are subject to the resolution of the main case. KINDS OF DETERMINATIVE / INCIDENTAL POWERS 1. ENABLING To permit or allow something which the law undertakes to regulate ( grant or denial of licenses to engage in a particular business ) 2. DIRECTING Illustrated by the power Assessment ( BIR / BOC ) 3. DISPENSING To exempt from a general prohibition or relieve an individual or corp from an affirmative duty. Authority of zoning boards may vary provided in zoning ordinances Authority of the Acceptance board of Phil, Army to relive certain persons from military training 4. EXAMINING / INVESTIGATORY POWER 3 of
Consists in requiring production of books, papers etc; the attendance of witnesses and compelling their testimony. POWER TO COMPEL Attendance of witness not inherent in administrative body, but an administrative officer is authorized to take testimony or evidence is deemed authorized to administer oath, summon witnesses, require production of documents. POWER TO PUNISH Contempt must be expressly granted to the admin body and when so granted, may be exercised only when admin body is actually performing Q.Jud functions. 5. SUMMARY Power to apply compulsion or force against persons or property to effectuate a legal purpose without a judicial warrant to authorize such action ( Abatement of nuisance). 5. Decisions must be based on the evidenced adduced at the hearing, or at least contained in the record and disclosed to the parties 6. Board or its judges must act on its or their independent consideration of the facts and the law of the case, and not simply accept the views of a subordinate in arriving at a decision 7. Decision must be rendered in such a manner that the parties to the controversy can know the various issued involved and the reasons for the decisions rendered. DUE PROCESS MEANS: SIMPLY
The opportunity to explain one’s side or the opportunity to seek a reconsideration of the action or ruling complained of, a formal or trail type hearing is not, at all times, necessary. Admin D.P, does not necessarily require the assistan ce of the counsel.
QUASI JUDICIAL ADJUDICATORY POWER
Proceedings partake the character of jud. Proceeding. Admin body is normally granted the authority to promulgate its own rules of procedure, provd, they do not increase, diminish or modify substantive rights and subject to disapproval by the S.C. ADMINISTRATIVE PROCESS: DUE
EXTRADITEE, entitled to Notice and Opportunity to be heard, the basic element of D.P. for the clear danger of loss of property or employment but of liberty itself.
1. Right to hearing / opportunity to be heard 2. Tribunal must consider the evidence presented 3. Decisions something itself 4. Evidence substantial must have to support must be
In PREVENTIVE SUSPENSION, no notice is necessary bec it was only preventive in nature.
NOTICE & HEARING NOT REQUIRED:
1. Grant of provisional authority for increased rates or to engaged in a 4
: RES JUD DOES APPLY IN CITIZENSHIP NOT Admin decisions are not part of the legal system.C. Question of citizenship is resolved by a court or an admin body as a material issue in the controversy after a full blown hearing. The rule of res judicata thus forbids the re opening of a matter once determined by competent authority acting within their exclusive jurisdiction. Where provided by law. jud powers n respect to pollution cases. Summary proceedings of distraint and levy upon the property of a delinquent tax payer 3. It is only Judicial Decisions The doctrine of res jud can apply only when the ff conditions are met. with authority to issue “ cease and desist” order and on matters affecting the construction of illegal fishpen. ADMINISTRATIVE AND REVIEW: APPEAL 1. With the active participation of the Sol. Gen. 2. it may be exercised only if Expressly conferred by law and when Admin body is engaged in the performance of its Q. of Foreign Affairs 4. proceeding. By virtue of the power of control which the Pres.Jud power. These decisions and orders are conclusive upon the rights of the affected parties as though the same had been rendered by a court of general jurisdiction. The findings made by the admin body on the citizenship is affirmed by the S. 2. Exercises over all executive department. -the President himself – or thru Dept. Right against SelfIncrimination may be invoked. appeal from an admin determination may be made to a higher or superior administrative body or officer 2. Appellate admin agency may conduct additional LLDA Has regulatory and q. G. Sec ( Alter Ego Doctrine ) May affirm. alter or reverse the administrative decision of subordinate officials and employees. 3. 5 . Cancellation of a passport where no abuse of discretion is committed by Sec.R. for cit cases: 1.ADMINISTRATIVE LAW particular business line of hearing in the appealed case. Doctrine of res jud applies to adversary admin. 3. Summary abatement of nuisance per se which affects the immediate safety of the persons/ property. DOCTRINE OF RES JUDICATA Decisions and orders of admin agencies have upon their finality the force and binding effect of a final judgment. modify. if deemed necessary. Power to punish contempt is inherently judicial.
2. Where appeal had been made to the Pres and. 3. DOCTRINE OF FINALITY OF ADMINISTRATIVE ACTION No resort to the courts will be allowed unless the administrative action has been completed and there is nothing left to be done in the administrative structure. there was deemed to have been failure to exhaust admin rem. REASONS: 1. remedy in the ordinary course of law. speedy and adequate Failure to exhaust administrative remedies. no resort to the courts may be made before such admin body shall have acted upon the matter. Since judicial review of admin. but he complainant is deprived of Cause of Action which is a ground for MTD. before the Pres could act on the appeal.ADMINISTRATIVE LAW fish cages and other aquaculture structures in Laguna de Bay. DOCTRINE OF QUALIFIED POLITICAL AGENCY ( ALTER EGO ) a. the juris of the court is not affected. Principle of Comity and Convenience. to initiate admin charges and to constitute an investigating panel HLURB Power to hear and decide cases of unsound real estate business practices an cases of Specific Performance DEPT OF ENERGY Has the juris over disputes involving direct connection of electric power HOME INSURANCE GUARANTEE CORP ( HICC ) Disputes involving homeowners association. If relief is first sought from a superior administrative agency. 6 . decision is usually made through Special Civil Actions such proceedings will not normally prosper if there is another plain. DIR Has authority to issue a R-T-W order. EXHAUSTION OF ADMINISTRATIVE REMEDIES Where there is an available admin remedy provided by law. DOCTRINE OF PRIOR RESORT / DOCTRINE OF PRIMARY ADMINISTRATIVE JURISDICTION Where there is competence or jurisdiction vested upon an admin body to act upon a matter. requires the court to stay their hand until the admin process are completed. Admin agency should be given a chance to correct its error. Only those decisions of admin agency made in the exercise of Q. the same was withdrawn. EXCEPTIONS DOCTRINE: FO THE 1. resort to courts may be unnecessary. no judicial recourse can be made until such remedies have been availed of and exhausted. 4.Jud power are subject to the rule on the exhaustion of admin remedy. Except where the expressly provides exhaustion law for b. DECS REG.
his Special civil action must fail. there is NO VIOLATION OF D. Quo Warranto or Prohibition II. B. Except when the Constitution requires or allows it. Where observance of the doctrine will result in the nullification of the claim 11. Habeas Corupus. where the subject matter is a private land. Where the Admin remedy is Fruitless ( e. unless judicial recourse is immediately made 8. In land cases. Where there unreasonable delay official inaction is or 7. NON-STATUTORY Where there is no express statute granting review. alto an attack on the judgment may be incidentally involved. ( damage suit 7 NO REVIEW OF ADMINISTRATIVE DECISION RULE: . Thus the law may provide that a determination made by an admin agency shall be final and irreviewable in such case. COLLATERAL Relief from admin action sought in the proceeding the primary purpose of which is some relief other than the setting aside of the judgment. amounting to lack or excess of jurisdiction 6. A. 2. BASES OF JUDICIAL REVIEW: 1. 4. A. the party recognized a plain. Constitution 2. STATUTORY Available pursuant to specific statutory provisions B. speedy and adequate remedy is still open upon to him in the ordinary course of law – and thus. grave abuse of discretion etc. Where the law does not make exhaustion a condition precedent to judicial recourse 10. or by prerogative of Writ of Certiorari. Citizenship of individual cannot be attacked in collateral proceeding. There is irreparable injury or threat thereof. REVIEW. Mandamus. CLASSES: I. Issued involved is purely legal question 5. DIRECT Attempt to question is subsequent proceeding the administrative action for lack of jurisdiction.P. Gen principles of law METHODS OF JUD. Statutes 3.ADMINISTRATIVE LAW -by appealing. Where the admin action is patently illegal.g. 9. Where there are special reasons / circumstan ces demanding immediate court action. judicial review may be granted or withheld as Congress chooses. suit for recovery of title to the office must be instituted within 1 year otherwise barred ) 3. reliefs obtained by means of the common law remedies. Where there is Estoppel on the part of the admin agency.
REVIEW IS NOT TRIAL DE NOVO: Merely an ascertainment of whether the findings of the admin agency are consistent with the law. of Facts. except : 1. in order to decide the legal question. 07. whose findings on these matters are received with respect and are in fact generally binding on the Supreme Court. Rules and regulations when promulgated in pursuance of the procedure or authority conferred upon the 8 QUESTION OF FACT Factual findings of admin agencies are generally conclusive upon the courts if supported by substantial evidence. CASES: Under Rule 45 which governs appeal by certiorari. . particularly governs the procedure in administrative proceedings before the Office of the Ombudsman. 17. When expressly allowed by statute. Fraud.14 A question of law which the Court may pass upon must not involve an examination of the probative value of the evidence presented by the litigants. Fraud." When an administrative agency promulgates rules and regulations.ADMINISTRATIVE LAW against official ) the administrative May be set aside on proof of Grave Abuse of Discretion. 6770. Collusion or Errors of Law. Findings of fact are respected as long as they are supported by substantial evidence. the court.15 There is a question of law in a given case when the doubt or difference arises as to what the law is on a certain state of facts.16 MEDINA VS COA Administrative Order No. Decision of BOI – RTC CTA – CA COURT MARTIAL – RTC JUD. there is a question of fact when the doubt or difference arises as to the truth or the falsehood of alleged facts. will. officials and agencies who have acquired expertise bec of their juris is confined to specific matters are generally accorder not only respect but at time even finality if such findings are supported by substantial evidence.13 The resolution of factual issues is the function of lower courts. only questions of law may be raised12 as the Supreme Court is not a trier of facts. it "makes" a new law with the force and effect of a valid law. 2. imposition or mistake other than error of judgment in evaluating evidence 3. free from fraud/ imposition and supported by evidence . MIXED QUESTION OF FACT AND LAW ( BRANDEIS DOCTRINE OF ASSIMILATION OF FACTS) Where that purports to be findings upon a Q of Fact is so involved with and dependent upon a Q of Law as to in substance and effect a decision on the latter. as amended by Administrative Order No. Error in appreciation of the pleadings and in the interpretation of the documentary evidence presented by the parties. thus courts are precluded from reviewing Q. The Rules of Procedure of the Office of the Ombudsman was issued pursuant to the authority vested in the Office of the Ombudsman under Republic Act No. Findings of admin. examine the entire record including the evidence if necessary. otherwise known as "The Ombudsman Act of 1989.
partake of the nature of a statute.O.22 the Court held that the Local Government Code of 1991. The administrative complaint against petitioner was filed before the Office of the Ombudsman. the Administrative Code of 1987 and the Local Government Code are in pari materia insofar as the three laws relate or deal with public officers. in Hon. that which was specially designed for the said case must prevail over the other. Torres. that petitioner was charged under the Ombudsman Act. the Ombudsman Law. Exec. For instance. thus: There is no basis in law for the proposition that the provisions of the Administrative Code of 1987 and the Local Government Code on execution pending review should be applied suppletorily to the provisions of the Ombudsman Act as there is nothing in the Ombudsman Act which provides for such suppletory application. it is this law alone which should govern his case. Joson v. The Court noted that petitioner therein was charged before the Office of the Ombudsman and accordingly.ADMINISTRATIVE LAW administrative agency by law. whereas the Rules of Court and the Administrative Code of 1987 apply in a suppletory character to all matters not provided in A. Court of Appeals.20 On the other hand.21 the Court has ruled on the primacy of special laws and of their implementing regulations over the Administrative Code of 1987 in settling controversies specifically subject of these special laws. xxx xxx xxx And while in one respect. the provisions in the Administrative Code cited by petitioner in support of her theory that she is entitled to a formal investigation apply only to administrative cases filed before the Civil Service Commission (CSC).26 the Court expressly upheld the applicability of The Ombudsman Act of 1989 and the implementing rules and regulations thereof to the exclusion of the Local Government Code and the Administrative Code of 1989 on the issue of the execution of the Ombudsman's decision pending appeal. the acts attributed to petitioner could have been the subject of administrative disciplinary proceedings before the Office of the President under the Local Government Code or before the Office of the Ombudsman under the Ombudsman Act. if based on substantial evidence. the Deputy Ombudsman applied the provisions of Rules of Procedure of the Office of the Ombudsman in ruling that the prerogative to elect a formal investigation pertains to the hearing officer and not to petitioner. 23. On various occasions. In the instant case. 23 (A. are controlling on the reviewing authority.25 Lapid v.24 The aforesaid ruling is based on the principle of statutory construction that where there are two statutes applicable to a particular case. Section 48(2) and Section 48(3) are subsumed under Subtitle A of Title I. Sec. Considering however. It is settled that it is not for the appellate court to substitute its own judgment for that of the administrative agency on the sufficiency of the evidence and the credibility of the witnesses. No. In particular. No. 23)23 govern administrative disciplinary proceedings against elective local officials.27 Well-settled is the rule that the findings of fact of administrative bodies. the similarity ends there. suggesting that a different set of procedural rules govern. The Ombudsman Act of 1989 should apply exclusively. which pertains to the CSC and to the procedure of administrative cases filed before the CSC. that which is specially intended for the said case must prevail. and Administrative Order No. Administrative decisions on matters within their jurisdiction are entitled to respect and can only be 9 . And rightly so. The Court explained. It is a principle in statutory construction that where there are two statutes that apply to a particular case. the Rules and Regulations Implementing the Local Government Code of 1991.O.
in Concerned Employees v. without pay. in which case the period of such delay shall not be counted in computing the period of suspension herein provided. In Civil Service Commission v. if in his judgment the evidence of guilt is strong. In several cases. we imposed the heavier penalty of dismissal or a fine of more than P20. petitioner argues that the mitigating circumstances of this being her first offense and of the unreasonable length of time in filing the administrative case should be considered in her favor. Jurisprudence is replete with cases declaring that a grave offense cannot be mitigated by the fact that the accused is a first time offender or by the length of service of the accused. negligence or petition of the respondent. (b) the charges would warrant removal from the service.3 Also.ADMINISTRATIVE LAW set aside on proof of graveabuse of discretion.A. except when the delay in the disposition of the case by the Office of the Ombudsman is due to the fault. considering the gravity of the offense committed.lawphil. in the present case. 6770. When an officer or employee is disciplined. No. The provision defines the authority of the Ombudsman to preventively suspend government officials and employees.36 It is the consistent and general policy of the Court not to interfere with the Office of the Ombudsman’s exercise of its investigatory and prosecutory powers. 10 .13 It is within the context of this well-entrenched policy that the Court proceeds to pass upon the validity of the preventive suspension order issued by the Ombudsman in this case. The well-settled doctrine is solidly anchored on the explicit text of the governing law which is Section 24 of R. Preventive Suspension. Nuestro. To end. the gravity thereof outweighs the fact that it was her first offense. Cortez.net As early as 1995. They inevitably reflect on the fitness of a civil servant to continue in office. Gozo-Dadole.15 that neither prior notice nor a hearing is required for the issuance of a preventive suspension order.00. this Court ruled in Lastimosa v.33 the Court held as follows: The gravity of the offense committed is also the reason why we cannot consider the "first offense" circumstance invoked by respondent. fraud or error of law On the penalty of dismissal which petitioner claims is too harsh. even though the offense respondent was found guilty of was her first offense. It reads: SEC.12 The rule is based not only upon respect for the investigatory and prosecutory powers granted by the Constitution to the Office of the Ombudsman but upon practicality as well.— The Ombudsman or his Deputy may preventively suspend any officer or employee under his authority pending an investigation. 24. it must be stressed that dishonesty and grave misconduct have always been and should remain anathema in the civil service. Vasquez14 and Hagad v. and (a) the charge against such officer or employee involves dishonesty. even if the offense charged was respondent's first offense. oppression or grave misconduct or neglect in the performance of duty.000. The preventive suspension shall continue until the case is terminated by the Office of the Ombudsman but not more than six months.35 a court employee charged with and found guilty of dishonesty for falsification was meted the penalty of dismissal notwithstanding the length of her service in view of the gravity of the offense charged. Thus. the object sought is not the punishment of such officer or employee but the improvement of the public service and the preservation of the public's faith and confidence in the government. or (c) the respondent's continued stay in office may prejudice the case filed against him.
the civil service embraces every branch. and instrumentality of the government.35 The rationale for this rule is that it is assumed that the electorate returned the official to power with full knowledge of past misconduct and in fact condoned it. who are appointed by the President. all of whom are appointed by the President. to wit: (1) that the offense charged involves dishonesty. The second requisite. other than those in the Career Executive Service. 11 CSC VS SOJOR . the plain language of the above-quoted provision debunks the appellate court’s position that the order meting out preventive suspension may not be issued without prior notice and hearing and before the issues are joined. 6770. Chief of Department Service and other officers of equivalent rank as may be identified by the Career Executive Service Board. Undersecretary. Pangasinan. It is that in the judgment of the Ombudsman or the Deputy Ombudsman. however.A.34 This Court has consistently ruled that elective officials may not be held administratively liable for misconduct committed during a previous term of office. Under Section 24.33 A final note. Bureau Director. A preventive suspension is not a penalty and such an order when issued by the Ombudsman is accorded the highest deference unless the order violates Section 24 of R. namely. Regional Director. these include the faculty and academic staff of state colleges and universities.ADMINISTRATIVE LAW Clearly. No. the evidence of guilt is strong. the State may still pursue the official in a criminal case. The Mayor was re-elected and proclaimed during the May 2007 elections as evidenced by the certificate of canvass of votes and proclamation of winning candidates for the Municipality of Aguilar. Assistant Bureau Director. It should be stressed that this forgiveness only applies to the administrative liability. The first requisite is unique and can be satisfied in only one way. and (3) there is security of tenure.29 It is further classified into career and non-career service positions. oppression or grave misconduct or neglect in the performance of duty. may be met in three (3) different ways. (2) the charge would warrant removal from the service.28 As defined. Assistant Regional Director. such as the Foreign Service Officers in the Department of Foreign Affairs. I. (2) Closed Career positions which are scientific. Assistant Secretary. Jurisdiction of the CSC The Constitution grants to the CSC administration over the entire civil service. or (3) the respondent’s continued stay in office may prejudice the case filed against him. The preventive suspension order insofar as Mayor Evagelista is concerned has been rendered moot and academic. subdivision. These include: (1) Open Career positions for appointment to which prior qualification in an appropriate examination is required. (4) Career officers. two requisites must concur to render the preventive suspension order valid. (5) Commissioned officers and enlisted men of the Armed Forces which shall maintain a separate merit system. including every government-owned or controlled corporation. Career service positions are those where: (1) entrance is based on merit and fitness or highly technical qualifications. (2) there is opportunity for advancement to higher career positions. or highly technical in nature. and scientific and technical positions in scientific or research institutions which shall establish and maintain their own merit systems. agency. (3) Positions in the Career Executive Service.
31 The positions covered by each level are: (a) The first level shall include clerical. who do not fall under the non-career service. 12 . trades.34 It is evident that CSC has been granted by the Constitution and the Administrative Code jurisdiction over all civil service positions in the government service. and (2) tenure which is limited to a period specified by law. (4) Contractual personnel or those whose employment in the government is in accordance with a special contract to undertake a specific work or job. whether career or non-career. (3) Chairman and members of commissions and boards with fixed terms of office and their personal or confidential staff. and custodial service positions which involve nonprofessional or subprofessional work in a non-supervisory or supervisory capacity requiring less than four years of collegiate studies. and scientific positions which involve professional. and performs or accomplishes the specific work or job. The jurisdiction of the Regional Office of the CSC and the Commission central office (Commission Proper) is specified in the CSC rules as: Section 4. and (7) Permanent laborers. technical. the CSC promulgated the Revised Uniform Rules on Administrative Cases in the Civil Service. or limited to the duration of a particular project for which purpose employment was made.32 On the other hand. Jurisdiction of the Civil Service Commission. technical. From this grant of general jurisdiction. (b) The second level shall include professional. to be accomplished within a specific period.30 Career positions are further grouped into three levels. crafts. whether skilled. as spelled out in the CSC rules. under his own responsibility with a minimum of direction and supervision from the hiring agency. non-career service positions are characterized by: (1) entrance not by the usual tests of merit and fitness. Entrance to the first two levels is determined through competitive examinations. and (c) The third level shall cover positions in the Career Executive Service.35 We find that the specific jurisdiction. which in no case shall exceed one year. requiring special or technical skills not available in the employing agency. and shall review decisions and actions (1) Elective officials and their personal or confidential staff. or scientific work in a nonsupervisory or supervisory capacity requiring at least four years of college work up to Division Chief level.ADMINISTRATIVE LAW (6) Personnel of government-owned or controlled corporations. including contested appointments. did not depart from the general jurisdiction granted to it by law. while entrance to the third level is prescribed by the Career Executive Service Board. semi-skilled.33 The law states: The Non-Career include: Service shall (2) Secretaries and other officials of Cabinet rank who hold their positions at the pleasure of the President and their personal or confidential staff(s). directly or on appeal. or unskilled. or brought before it. whether performing governmental or proprietary functions. coterminous with the appointing authority or subject to his pleasure. and (5) Emergency and seasonal personnel. – The Civil Service Commission shall hear and decide administrative cases instituted by.
3. Disciplinary 1. municipalities and other instrumentalitie s. the Civil Service Commission shall have the final authority to pass upon the removal. Decisions of Civil Service Commission Regional Offices brought before it. discipline and efficiency of such officers and employees. Complaints brought against Civil Service Commission Proper personnel. 2. 7. agencies. Jurisdiction of the Civil Service Commission Proper. Non-Disciplinary 1. imposing penalties exceeding thirty days suspension or fine in an amount exceeding thirty days salary brought before it on appeal. Requests for favorable recommendatio n on petition for executive clemency. 6. and 8. B. 4. cities. Complaints against third level officials who are not presidential appointees. 5. 2. Except as otherwise provided by the Constitution or by law. Requests for transfer of venue of hearing on cases being heard by Civil Service Regional Offices. Decisions of heads of departments.ADMINISTRATIVE LAW of its offices and of the agencies attached to it. Such other actions or requests involving issues arising out of or in connection with the foregoing enumerations. in the interest of justice. 13 . Decisions of Civil Service Regional Offices brought before it on petition for review. Section 5. separation and suspension of all officers and employees in the civil service and upon all matters relating to the conduct. Appeals from the Order of Preventive Suspension. – The Civil Service Commission Proper shall have jurisdiction over the following cases: A. provinces. Complaints against Civil Service officials and employees which are not acted upon by the agencies and such other complaints requiring direct or immediate action.
or brought before. Non-Disciplinary 1. Protests against the appointments of first and second level employees brought before it directly or on appeal. Section 4 of R. or the Higher Education Modernization Act of 1997. II. and 3. 2. (Emphasis supplied) Respondent. CSC has concurrent jurisdiction over a president of a state university. under which law respondent was appointed during the time material to the present case. a state university president with a fixed term of office appointed by the governing board of trustees of the university. In addition. He was appointed by the chairman and members of the governing board of CVPC. Complaints initiated by. respondent is a non-career civil servant who is under the jurisdiction of the CSC. No. the Civil Service Commission Regional Offices provided that the alleged acts or omissions were committed within the jurisdiction of the Regional Office. within said geographical areas. administrative officials. provides that the school’s governing board shall have the general powers of administration granted to a corporation. 2. Disciplinary 1. B. and employees for cause: 14 . By clear provision of law. Jurisdiction of Civil Service Regional Offices. is a non-career civil service officer. Section 6. Protests against the appointment. or other personnel actions. Petitions to place respondent under Preventive Suspension. local or national.A. involving third level officials. Complaints involving Civil Service Commission Regional Office personnel who are appointees of said office. including Civil Service examination anomalies or irregularities and the persons complained of are employees of agencies. Disapproval of appointments brought before it on appeal. 8292. Such other analogous actions or petitions arising out of or in relation with the foregoing enumerations.ADMINISTRATIVE LAW 3. – The Civil Service Commission Regional Offices shall have jurisdiction over the following cases: A. Section 4 of the law grants to the board the power to remove school faculty members. and 4. The power of the BOR to discipline officials and employees is not exclusive.
R. 9299. 4. as amended. Powers and Duties of Governing Boards. at its discretion. otherwise known as the Corporation Code of the Philippines: xxxx h) to fix and adjust salaries of faculty members and administrative officials and employees subject to the provisions of the revised compensation and classification system and other pertinent budget and compensation laws governing hours of service. Section 7 of R. respondent’s argument that the BOR has exclusive power to remove its university officials must fail. For clarity. – The governing board shall have the following specific powers and duties in addition to its general powers of administration and the exercise of all the powers granted to the board of directors of a corporation under Section 36 of Batas Pambansa Blg. any provisions of existing law to the contrary not withstanding. 7. No. To fix and adjust salaries of faculty members and administrative officials and employees. Administration. No. No. Powers and Duties of the Board of Regents. 8292. But does this exclusive administrative power extend to the power to remove its erring employees and officials? In light of the other provisions of R. and in contrast with the earlier law." The administration of the University and the exercise of its corporate powers shall be vested exclusively in the Board of Regents and the president of the University insofar as authorized by the Board. – The Board shall have the following specific powers and duties in addition to its general powers of administration and the exercise of all the powers granted to the Board of Directors of a corporation under existing laws: xxxx i.ADMINISTRATIVE LAW Section 4. No.A. and officials of the university is granted to the BOR "in addition to its general powers of administration. otherwise known as "The Corporation Code of the Philippines.A. and such other duties and conditions as it may deem proper. 9299 states that the power to remove faculty members.A. the text of the said section is reproduced below: Sec. to grant them. (Emphasis supplied) The above section was subsequently reproduced as Section 7(i) of the succeeding law that converted CVPC into NORSU.A." This provision is essentially a reproduction of Section 4 of its predecessor. R. No. leaves of absence under such regulations as it may promulgate. demonstrating that the intent of the lawmakers did not change even with the enactment of the new law. Measured by the foregoing yardstick. – The University shall have the general powers of a corporation set forth in Batas Pambansa Blg. there is no question that administrative power over the school exclusively belongs to its BOR. employees. subject to the provisions of the Revised Compensation and Position Classification System and other 15 . Notably. 68. 68. and to remove them for cause in accordance with the requirements of due process of law.A. 9299 now provides that the administration of the university and exercise of corporate powers of the board of the school shall be exclusive: Sec. 9299. R.
A. a civil service official or employee is within the jurisdiction of the CSC. Regino. demotion in rank or salary or transfer. including government-owned or controlled corporations with original charters. it is to be presumed that such jurisdiction is exclusive unless it be proved that another body is likewise vested with the same jurisdiction. But this power is not exclusive in the matter of disciplining and removing its employees and officials. subdivisions.37 All members of the civil service are under the jurisdiction of the CSC. to grant them. UP was clearly a part of the Civil Service under the 1973 Constitution and now continues to be so because it was created by a special law and has an original charter. As a component of the Civil Service. any provision of existing law to the contrary notwithstanding. 9299 to discipline its employees and officials." And Section 37(a) provides that.36 (Emphasis supplied) Verily. all government-owned or controlled corporations. UP is therefore 16 In University of the Philippines v. Section 9(j) mandates that the Commission shall have the power to "hear and decide administrative disciplinary cases instituted directly with it in accordance with Section 37 or brought to it on appeal. This is not impression. unless otherwise provided by law. were considered part of the Civil Service. The Court held then: ." As a mere governmentowned or controlled corporation." (Emphasis supplied) Under the 1972 Constitution. a case of first The Civil Service Law (PD 807) expressly vests in the Commission appellate jurisdiction in administrative disciplinary cases involving members of the Civil Service. Section 2(1).ADMINISTRATIVE LAW pertinent budget and compensation laws governing hours of service and such other duties and conditions as it may deem proper. instrumentalities. and agencies of the government. both bodies have concurrent jurisdiction over the matter. in which case. or fine in an amount exceeding thirty days’ salary. only government-owned or controlled corporations with original charters fall within the scope of the Civil Service pursuant to Article IX-B. leaves of absence under such regulations as it may promulgate. and to remove them for cause in accordance with the requirements of due process of law. at its discretion. Being a non-career civil servant does not remove respondent from the ambit of the CSC. No. Career or non-career. When the law bestows upon a government body the jurisdiction to hear and decide cases involving specific matters. there is no showing that such power is exclusive. Under the 1987 Constitution.38 this Court struck down the claim of exclusive jurisdiction of the UP BOR to discipline its employees. "The Commission shall decide upon appeal all administrative disciplinary cases involving the imposition of a penalty of suspension for more than thirty (30) days. Although the BOR of NORSU is given the specific power under R. removal or dismissal from office. regardless of the manner of their creation. the BOR of NORSU has the sole power of administration over the university. which states: "The Civil Service embraces all branches.
9 What the Constitution rejects is a preventive suspension of indefinite duration as it raises. preventive suspension is not a penalty. preventive suspension is justifiable for as long as its continuance is for a reasonable length of time. GONZAGA VS SANDIGANBAYAN It will be noted that in the questioned resolutions. We do not accept the contention because: firstly. respondent court imposed on petitioner an indefinite period of suspension. CSC validly took cognizance of the administrative complaints directly filed before the regional office. as we see it. he cites no specific provision of the Civil Service Law which was violated by the respondents in forming the investigating committee. pronouncements had already been made by the Court in the cases of Garcia (1962) and Layno (1985) 15 to the effect that a preventive suspension lasting for an unreasonable length of time violates the Constitution. remains entitled to the constitutional presumption of innocence as his culpability must still be established established 12 thirdly. Rep. pendente lite. suspension of a public officer upon the filing of a valid information is mandatory. as amended. Rep.40 this Court lent credence to the concurrent jurisdiction of the CSC when it affirmed that a case against a university official may be filed either with the university’s BOR or directly with the CSC. may deputize any department. official or group of officials to conduct such investigation.41 (Emphasis supplied) Thus.ADMINISTRATIVE LAW governed by PD 807 and administrative cases involving the discipline of its employees come under the appellate jurisdiction of the Civil Service Commission. Petitioner at the outset contends that Section 13 of Rep. petitioner contends that the creation of the committee by the respondent Secretary. Sandiganbayan. and Doromal vs. is unconstitutional as the suspension provided thereunder partake of a penalty even before a judgment of conviction is reached. on the basis of Section 13. We quote: Further. but rather whether the same is constitutionally applied in relation to the surrounding circumstances. However. although the CSC may delegate the investigation of a complaint and for that purpose. the rule is that every law has in its favor the presumption of validity. in other words. Act 3019. to investigate and decide matters involving disciplinary action against officers and employees under their jurisdiction. Act 3019. earlier quoted. as amended. and that to declare a law unconstitutional. as Chairman of the USP Board of Regents. 11 a person under preventive suspension. Gloria. The Civil Service Rules embodied in Executive Order 292 recognize the power of the Secretary and the university. 17 . In the more recent cases of Deloso vs. the basis for such a declaration must be clearly established. is not whether Section 13. through its governing board. Act 3019 is valid or not.39 (Emphasis supplied) In the more recent case of Camacho v. and is thus violative of her constitutional right to be presumed innocent. to be discussed shortly. Act 3019. Rep. was contrary to the Civil Service Rules. 10 secondly. a complaint against a state university official may be filed either with the university’s Board of Regents or directly with the Civil Service Commission. 13 The issue in this case. especially in a criminal action. questions of denial of due process and equal protection of the laws. from her mentioned office. 14 It is worthy to note that even prior to the cases of Deloso (1988) and Doromal (1989). under Section 13. agency. at the very least. concerning violations of civil service rules against respondent. Of course under EO 292.
Power of Control. Act 3019 is mandatory once the validity of the information is determined. Executive Orders. as amended. CHAPTER ORDINANCE POWER 2 Section 2. 807 (otherwise known as the "Civil Service Decree"). in which case the period of delay shall not be counted in computing the period of suspension herein stated. from issuance thereof. Act 3019 was held as limited to a maximum period of ninety (90) days. 19 and the right of public officers and employees to security of tenure. Act 3019) who are validly charged under said Act. Decree 807. the ninety (90)-day maximum period for suspension under Section 13 of the said Act shall apply to all those who are validly charged under the said Act. Decree 807. which is due to the fault. 17 We see no cogent reason why the same rule should not apply to herein petitioner. OFFICE OF THE PRESIDENT Title I POWERS OF THE PRESIDENT CHAPTER POWER OF CONTROL 1 Section 1. or Section 42 of Pres. 21 To the extent that there may be cases of indefinite suspension imposed either under Section 13 of Rep. provided that if the person suspended is a presidential 23 appointee. Preventive suspension under Section 13. . and offices. In fact. Decree 807 shall apply to all officers or employees whose positions are embraced in the Civil Service. All told. 18 What the Constitution abhors is an indefinite preventive suspension as it violates the due process and equal protection clauses. suspension under Section 13 of Rep. Decree No. 2. and futher taking into account the rulings in the Deloso and Doromal cases. Acts of the President providing for 18 . (as defined in Section 2(b) of Rep. Act 3019 as amended shall be limited to a maximum period of ninety (90) days. it is best for the guidance of all concerned that this Court set forth the rules on the period of preventive suspension under the aforementioned laws. and this applies to all public officers. Act 3019. He shall ensure that the laws be faithfully executed. as provided under Sections 3 and 4 of Id Pres. 22 and shall be limited to a maximum period of ninety (90) days from issuance. negligence or petition of the respondent. the continuance of his suspension shag be for a reasonable time as the circumstances of the case may warrant. Preventive suspension under Section 42 of Pres. in consonance with Section 42 of Pres. 20 Henceforth.The President shall have control of all the executive departments. suspension particularly under Section 13 of Rep. include elective and appointive officers and employees. considering that the persons who can be charged under Rep. bureaus. Act 3019. Act 3019.ADMINISTRATIVE LAW 16 Sandiganbayan. preventive suspension is not violative of the Constitution as it is not a penalty. except where there is delay in the disposition of the case. whether elective or appointive officer or employee as defined in Section 2(b) of Rep. Rep. as follows: 1.
Administrative Orders. Section 14. Proclamations. Section 10. Section 11. . CHAPTER POWER OVER ALIENS 3 immigrants by allowing them to acquire permanent residence status without necessity of visa. ESCHEAT. Power to Reserve Lands of the Public and Private Domain of the Government. (1) The President shall have the power to reserve for settlement or public use. General or Special Orders. Power to Countermand Decisions of the Board of Commissioners of the Bureau of Immigration. upon the existence of which the operation of a specific law or regulation is made to depend. Section 7. Section 6. The reserved land shall thereafter remain subject to 19 Section 8. .The President. bureaus or offices of the Government.Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or special orders. Section 5. Section 3. Power to Direct Escheat or Reversion Proceedings. .Acts of the President on matters relating to internal administration. Section 4. shall have the power to change the status of non- . and direct the Solicitor General. any of the lands of the public domain. for information or compliance. Power of Eminent Domain.ADMINISTRATIVE LAW rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders. Power to Change NonImmigrant Status of Aliens. . . subject to the provisions of law. LAND RESERVATION AND RECOVERY OF ILL-GOTTEN WEALTH Section 12. Acts of the President which relate to particular aspect of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders. which the President desires to bring to the attention of all or some of the departments. Section 13. Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied in memorandum orders. unless within such period the President shall order the contrary. . Power to Deport. Memorandum Orders. shall be embodied in memorandum circulars.Acts of the President fixing a date or declaring a status or condition of public moment or interest. . and for specific public purposes. Section 9. Power over Aliens under the General Principles of International Law. CHAPTER 4 POWERS OF EMINENT DOMAIN. .The President shall direct the Solicitor General to institute escheat or reversion proceedings over all lands transferred or assigned to persons disqualified under the Constitution to acquire land. shall be promulgated in proclamations which shall have the force of an executive order. whenever he deems the action advisable.The President shall exercise with respect to aliens in the Philippines such powers as are recognized by the generally accepted principles of international law. Memorandum Circulars. to institute expropriation proceedings in the proper court.The President shall have the power to deport aliens subject to the requirements of due process.The President shall determine when it is necessary or advantageous to exercise the power of eminent domain in behalf of the National Government. . agencies. the use of which is not otherwise directed by law.The decision of the Board of Commissioners which has jurisdiction over all deportation cases shall become final and executory after thirty (30) days from promulgation.
Section 20. shall not exceed the salary authorized by law for the position filled. The Office of the Government Corporate Counsel (OGCC) shall act as the principal law office of all government-owned or controlled corporations. appointment to which is vested in him by law.The President shall exercise such other powers as are provided for in the Constitution.The President shall direct the Solicitor General to institute proceedings to recover properties unlawfully acquired by public officials or employees. The compensation hereby authorized shall be paid out of the funds appropriated for the office or agency concerned. any land belonging to the private domain of the Government. with his existing salary. Power over Ill-gotten Wealth. the President shall have the authority to recover illgotten properties amassed by the leaders and supporters of the previous regime and protect the interest of the people through orders of sequestration or freezing of assets or accounts. (2) The person designated shall receive the compensation attached to the position.ADMINISTRATIVE LAW the specific public purpose indicated until otherwise provided by law or proclamation.The President shall exercise the power to appoint such officials as provided for in the Constitution and laws. . from them or from their nominees or transferees. or (b) there exists a vacancy. CHAPTER POWER OF APPOINTMENT 5 illness. the President shall exercise such other powers and functions vested in the President which are provided for under the laws and which are not specifically enumerated above. the use of which is not otherwise directed by law. Power of Appointment. CHAPTER OTHER POWERS 7 Section 19. their subsidiaries. Within the period fixed in. Section 17. General Supervision Over Local Governments. . Office of the Government Corporate Counsel. and thereafter such land shall be used for the purposes specified by such proclamation until otherwise provided by law. or any of the Friar Lands. unless he is already in the government service in which case he shall receive only such additional compensation as. Residual Powers. CHAPTER GENERAL SUPERVISION LOCAL GOVERNMENTS 6 OVER Section 18. Unless Congress provides otherwise. Section 15. CHAPTER 3 OFFICE OF THE GOVERNMENT CORPORATE COUNSEL Section 10. or which are not delegated by the President in accordance with law. Powers Under the Constitution. when: (a) the officer regularly appointed to the office is unable to perform his duties by reason of . or any extension thereof authorized by. . Power to Temporary Designation. absence or any other cause.The President shall exercise general supervision over local governments. . Issue (1) The President may temporarily designate an officer already in the government service or any other competent person to perform the functions of an office in the executive branch. (3) In no case shall a temporary designation exceed one (1) year. the Constitution. 20 Section 16. (2) He shall also have the power to reserve from sale or other disposition and for specific public uses or purposes.
It shall have the following specific powers and functions: (1) Represent the Government in the Supreme Court and the Court of Appeals in all criminal proceedings. granting of employees' incentive pay and other benefits. the Court of Appeals. for purposes of upgrading facilities and equipment. Where proceedings are to be conducted outside of the Philippines the Solicitor General may employ counsel to assist in the discharge of the aforementioned responsibilities. and shall have supervision and control over the Office and its constituent units. and such number of . and shall be deposited in an authorized government depository as a trust liability and shall be made available for expenditure without the need for a Cash Disbursement Ceiling. Organizational Structure. executive order or proclamation. which shall be divided into fifteen (15) divisions: Provided. The Solicitor General shall be assisted by a Legal Staff composed of fifteen (15) Assistant Solicitors General. mortgage. represent the Government and its officers in the Supreme Court.The Office of the Solicitor General shall represent the Government of the Philippines. He shall have the authority and responsibility for the exercise of the Office's mandate and for the discharge of its duties and functions. The Office of the Solicitor General shall be headed by the Solicitor General. When authorized by the President or head of the office concerned. corporation or firm for the enforcement of any contract. investigation or matter requiring the services of lawyers. (3) Appear in any court in any action involving the validity of any treaty. guarantee. the Government Corporate Counsel shall promulgate rules and regulations to effectively implement the objectives of the Office. That the Solicitor General may assign or transfer the Assistant Solicitors General. Solicitors or Trial Attorneys to any of the divisions. .The Office of the Solicitor General shall be an independent and autonomous office attached to the Department of Justice. (2) Investigate. These attorney's fees shall accrue to a special fund of the OGCC. CHAPTER OFFICE OF GENERAL THE 12 SOLICITOR Solicitors and Trial Attorneys as may be necessary to operate the Office. and all other courts or tribunals in all civil actions and special proceedings in which the Government or any officer thereof in his official capacity is a party. The OGCC is authorized to receive the attorney's fees adjudged in favor of their client governmentowned or controlled corporations.ADMINISTRATIVE LAW other corporate off-springs and government acquired asset corporations and shall exercise control and supervision over all legal departments or divisions maintained separately and such powers and functions as are now or may hereafter be provided by law. . bond. Powers and Functions. Section 35. and defraying such other incentive expenses not provided for in the General Appropriations Act as may be determined by the Government Corporate Counsel. who is the principal law officer and legal defender of the Government. pledge or other collateral executed in favor of the Government. In the exercise of such control and supervision. or in any manner proceed against any person. shall discharge duties requiring the services of lawyers. it shall also represent governmentowned or controlled corporations. rule or regulation when in his 21 Section 34. their subsidiaries/other corporate offsprings and government acquired asset corporations. initiate court action. as such. The Office of the Solicitor General shall constitute the law office of the Government and. its agencies and instrumentalities and its officials and agents in any litigation. law. proceeding.
brought before the courts. When so deputized. and he may be required to render reports or furnish information regarding the assignment. and drafting of forms or other writings needed for official use. bureaus. in addition to their regular compensation. agencies and offices to assist the Solicitor General and appear or represent the Government in cases involving their respective offices. negotiations or conferences where the legal position of the Republic must be defended or presented. (9) Call on any department. agency or instrumentality of the Government for such service. For this purpose. rules and guidelines for government entities governing the preparation of contracts. assistance and cooperation as may be necessary in fulfilling its functions and responsibilities and for this purpose enlist the services of any government official or employee in the pursuit of his tasks. the Solicitor General and his staff are specifically authorized to receive allowances as may be provided by the Government offices. 22 . in his opinion. bureaus. (5) Represent the Government in all land registration and related proceedings. the fiscal shall be under the control and supervision of the Solicitor General with regard to the conduct of the proceedings assigned to the fiscal. any provincial or city fiscal to assist him in the performance of any function or discharge of any duty incumbent upon him. and (12) Perform such other functions as may be provided by law. (8) Deputize legal officers of government departments. with the end in view of facilitating their enforcement and insuring that they are entered into or prepared conformably with law and for the best interests of the public. tribunal. the Republic of the Philippines in international litigations. making of investments. Institute actions for the reversion to the Government of lands of the public domain and improvements thereon as well as lands held in violation of the Constitution. and exercise supervision and control over such legal officers with respect to such cases. bureau. offices. (7) Deputize. upon the instructions of the President. (11) Act and represent the Republic and/or the people before any court. whenever in the opinion of the Solicitor General the public interest requires. (10) Represent. undertaking of transactions. (6) Prepare. affects the welfare of the people as the ends of justice may require. instrumentalities and corporations concerned. instrumentalities and corporations to whom the Office of the Solicitor General renders legal services are authorized to disburse funds from their sundry operating and other funds for the latter Office. within the jurisdiction of the aforesaid provincial or city fiscal. agencies. action or proceeding which. (4) Appear in all proceedings involving the acquisition or loss of Philippine citizenship.ADMINISTRATIVE LAW judgment his intervention is necessary or when requested by the Court. Departments. upon request of the President or other proper officer of the National Government. body or commission in any matter. office.
The decision of the Secretary of Justice as well as that of the Solicitor General. claim or controversy involves only departments. Disputes Involving Questions of Fact and Law. however. the President shall designate an Acting Solicitor General. . such as those arising from the interpretation and application of statutes. The Trial Attorneys and administrative personnel in the Office of the Solicitor General shall be appointed by the Solicitor General. solely between or among the departments.The Secretary of Justice shall promulgate the rules and regulations necessary to carry out the provisions of this Chapter.Cases involving mixed questions of law and of fact or only factual issues shall be submitted to and settled or adjudicated by: (1) The Solicitor General. shall be final and binding upon the parties involved. The decision of the President shall be final. . and local governments. bureaus. the Supreme Court. His ruling or decision thereon shall be conclusive and binding on all the parties concerned. Appointments. In case of death. Arbitration. This Chapter shall. contracts or agreements. . including government-owned or controlled corporations. shall be administratively settled or adjudicated in the manner provided in this Chapter.All cases involving only questions of law shall be submitted to and settled or adjudicated by the Secretary of Justice as Attorney-General of the National Government and as ex officio legal adviser of all government-owned or controlled corporations. . removal or resignation of the Solicitor General. bureaus. How Settled. offices. CHAPTER 14 CONTROVERSIES AMONG GOVERNMENT OFFICES AND CORPORATIONS Section 66. when approved by the Secretary of Justice. or appoint a new Solicitor General. rank. however. prerogatives. who shall act as such until a new Solicitor General is appointed. Section 69. The Assistant Solicitors General and the Solicitors shall be appointed by the President upon recommendation of the Solicitor General. permanent incapacity. . offices and other agencies of the National Government as well as government-owned or controlled corporations or entities of whom he is the principal law officer or general counsel. as the case may be.ADMINISTRATIVE LAW Section 36. Section 70. . and privileges as those of the Presiding Justice of the Court of Appeals. Appeals. in all other cases not falling under paragraph (1). and (2) The Secretary of Justice. . agencies and instrumentalities of the National Government. be taken to the President where the amount of the claim or the value of the property exceeds one million pesos. if the dispute. the Constitutional Commissions. or vacancy thereof. not apply to disputes involving the Congress.The determination of factual issues may be referred to an arbitration panel composed of one representative each of the parties involved and presided over by a representative of the Secretary of Justice or the Solicitor General. Disputes Involving Questions of Law. Appeals may. claims and controversies.All disputes.In case of absence or temporary incapacity of the Solicitor General. Section 37. Section 67. Acting Solicitor General. Section 68. Section 71. the President shall designate an Acting Solicitor General. Rules and Regulations.The Solicitor General shall be appointed by the President and shall have the same qualifications for appointment. . ADMINISTRATIVE PROCEDURE CHAPTER GENERAL PROVISIONS 1 23 .
or schedules thereof. military establishments in all matters relating exclusively to Armed Forces personnel. or repeal of a rule. the Judiciary. except the Congress. research institutions with respect to licensing functions. (5) "Contested case" means any proceeding. . 24 . in any agency proceeding. the Board of Pardons and Parole. (9) "Adjudication" means an agency process for the formulation of a final order. and adjudicate cases. mileage. Section 2. issue licenses. association. including its regulations. and state universities and colleges. in which the legal rights. negative.As used in this Book: (1) "Agency" includes any department. (8) "Decision" means the whole or any part of the final disposition. partnership. authority or officer of the National Government authorized by law or executive order to make rules. government corporations with respect to functions regulating private right. (10) "License" includes the whole or any part of any agency permit. (3) "Rate" means any charge to the public for a service open to all and upon the same terms. an agency.This Book shall be applicable to all agencies as defined in the next succeeding section. (4) "Rule making" means an agency process for the formulation. and officials in the exercise of disciplinary power as provided by law. or regulation of the exercise of a right or privilege. limitation. office. membership. denial. The term includes memoranda or statements concerning the internal administration or management of an agency not affecting the rights of. privileges. amendment. clearance. certificate. including licensing. rate fixing and granting of rights and privileges. public or private organization of any character other than an agency. of an agency in any matter. not of an interlocutory character. withdrawal. suspension. tolls. classifications. duties or privileges asserted by specific parties as required by the Constitution or by law are to be determined after hearing. passport. revocation. or practice requirements of. (11) "Licensing" includes agency process involving the grant. as well as commutation. renewal. occupation or business. annulment. (2) "Rule" means any agency statement of general applicability that implements or interprets a law. bureau. fixes and describes the procedures in. or properly seeking and entitled as of right to be admitted as a party. or procedure available to. but nothing herein shall be construed to prevent an agency from admitting any person or agency as a party for limited purposes. corporation.ADMINISTRATIVE LAW Section 1. (7) "Party" includes a person or agency named or admitted as a party. grant rights or privileges. statutory exemption or other form of permission. approval. or injunctive in form. the Constitutional Commissions. including individual or joint rates. Definitions. (6) "Person" includes an individual. the public. including licensing. kilometerage and other special rates which shall be imposed by law or regulation to be observed and followed by any person. Scope. registration. whether affirmative. charter. commission. amendment. .
. seizure or withholding of property. order. but copies of that rule shall be made available on application to the agency which adopted it. license. Filing.The University of the Philippines Law Center shall: (1) Publish a quarter bulletin setting forth the text of rules filed with it during the preceding quarter. Section Rules. authority. safety and welfare. charges or fees. Publication and Recording. exemption. sanction. Section 5. or taking of any action upon the application or petition of any person. privilege. (2) Every rule establishing an offense or defining an act 25 . (12) "Sanction" includes the whole or part of a prohibition. or specified in the rule in cases of imminent danger to public health. relief or its equivalent or denial thereof. or his equivalent 2 functionary. shall carry out the requirements of this section under pain of disciplinary action. limitation or other condition affecting the liberty of any person. (1) Every agency shall file with the University of the Philippines Law Center three (3) certified copies of every rule adopted by it. CHAPTER RULES AND REGULATIONS Section 3. license. privilege. right. cost. reimbursement.In addition to other rule-making requirements provided by law not inconsistent with this Book. Section 4. and (2) Keep an up-to-date codification of all rules thus published and remaining in effect. together with a complete index and appropriate tables. and the bulletin shall contain a notice stating the general subject matter of the omitted rule and new copies thereof may be obtained. the withholding of relief.ADMINISTRATIVE LAW modification or conditioning of a license. exception. assistance. exemption or exception. recognition of any claim. (2) The records officer of the agency. adjudication and licensing. the destruction. the assessment of damages. or the taking of other compulsory or restrictive action. The agency shall take appropriate measures to make emergency rules known to persons who may be affected by them. 1. Effectivity. (3) A permanent register of all rules shall be kept by the issuing agency and shall be open to public inspection. expensive or otherwise inexpedient. compensation. "Agency action" includes the whole or part of every agency rule. restitution. 6. (13) "Relief" includes the whole or part of any grant of money. the revocation or suspension of license. taking. or remedy. the imposition of penalty or fine. immunity. Rules in force on the date of effectivity of this Code which are not filed within three (3) months from that date shall not thereafter be the basis of any sanction against any party or persons. . the existence of which must be expressed in a statement accompanying the rule. Omission of Some (1) The University of the Philippines Law Center may omit from the bulletin or the codification any rule if its publication would be unduly cumbersome. each rule shall become effective fifteen (15) days from the date of filing as above provided unless a different date is fixed by law. (14) "Agency proceeding" means any agency process with respect to rule-making.
The notice shall be served at least five (5) days before the date of the hearing and shall state the date. if the original is not readily available. the rules on contested cases shall be observed. The parties shall be notified and afforded an opportunity to contest the facts so noticed. Section 8. encourage amicable settlement. Section 12. a certified copy thereof may be accepted. pursuant to law. Rules of Evidence. publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule. comprise and arbitration. If not precluded by law. Upon request. Compromise and Arbitration.ADMINISTRATIVE LAW which. Distribution of Bulletin and Codified Rules. is punishable as a crime or subject to a penalty shall in all cases be published in full text. . the parties shall be given opportunity to compare the copy with the original. CHAPTER ADJUDICATION 3 (4) The agency may take notice of judicially cognizable facts and of generally cognizable technical or scientific facts within its specialized knowledge. Section 9. . . The bulletin and the codified rules shall be made available free of charge to such public officers or agencies as the Congress may select. 26 . and to other persons at a price sufficient to cover publication and mailing or distribution costs. as far as practicable. To expedite administrative proceedings involving conflicting rights or claims and obviate expensive litigations.In a contested case: (1) The agency may admit and give probative value to evidence commonly accepted by reasonably prudent men in the conduct of their affairs. (1) In any contested case all parties shall be entitled to notice and hearing. Notice and Hearing in Contested Cases. (3) Every party shall have the right to cross-examine witnesses presented against him and to submit rebuttal evidence. Public Participation. (3) The agency shall keep an official record of its proceedings. (2) The parties shall be given opportunity to present evidence and argument on all issues.The court shall take judicial notice of the certified copy of each rule duly filed or as published in the bulletin or the codified rules. If the original is in the official custody of a public officer. time and place of the hearing. (2) In the fixing of rates. Section 11. Congress. agreed settlement or default. in the public interest. every agency shall. (3) In case of opposition. Section 7. informal disposition may be made of any contested case by stipulation. Section 10. an agency shall.The University of the Philippines Law Center shall furnish one (1) free copy each of every issue of the bulletin and of the codified rules or supplements to the Office of the President. (1) If not otherwise required by law. (2) Documentary evidence may be received in the form of copies or excerpts. no rule or final order shall be valid unless the proposed rates shall have been published in a newspaper of general circulation at least two (2) weeks before the first hearing thereon. Judicial Notice. all appellate courts and the National Library.
If the decision is reversed on reconsideration. which shall suspend the running of the said period. Appeal.Unless otherwise provided by law or executive order. .ADMINISTRATIVE LAW Section 13. revoked or annulled without notice and hearing. The Court may punish contumacy or refusal as contempt. (2) Except in cases of willful violation of pertinent laws. (2) It shall be the duty of the records officer of the agency or his equivalent functionary to prepare a register or compilation of those decisions or final orders for use by the public.Every decision rendered by the agency in a contested case shall be in writing and shall state clearly and distinctly the facts and the law on which it is based. the agency may. reckoned from receipt of the resolution of denial. Section 17. health. papers. Section 16. the existing license shall not expire until the application shall have been finally determined by the agency. Unless otherwise provided by law. suspended. rules and regulations or when public security. the agency shall have the power to require the attendance of witnesses or the production of books. . (2) If a motion for reconsideration is denied. CHAPTER ADMINISTRATIVE APPEAL CONTESTED CASES 4 IN Section 19. has been perfected. documents and other pertinent data. (1) When the grant.The decision of the agency shall become final and executory fifteen (15) days after the receipt of a copy thereof by the party adversely affected unless within that period an administrative appeal or judicial review. Subpoena. the aggrieved party shall have fifteen (15) days from 27 . and license is required to be preceded by notice and hearing. The parties shall be notified of the decision personally or by registered mail addressed to their counsel of record. .In any contested case. One motion for reconsideration may be filed. of (1) Every agency shall publish and make available for public inspection all decisions or final orders in the adjudication of contested cases. invoke the aid of the Regional Trial Court within whose jurisdiction the contested case being heard falls.Where the licensee has made timely and sufficient application for the renewal of a license with reference to any activity of a continuing nature. if proper. an appeal from a final decision of the agency may be taken to the Department head. Finality of Order. upon request of any party before or during the hearing upon showing of general relevance. and paying the required fees. renewal. Licensing Procedure. Non-expiration of License. The agency shall decide each case within thirty (30) days following its submission. in case of disobedience. Section 15. Publication Compilation of Decisions. . or to them. Section 20. . serving copies thereof upon the prevailing party and the appellate agency. if any. no license may be withdrawn. Section 14. Section 18. the movant shall have the right to perfect his appeal during the remainder of the period for appeal. by filing with the agency which adjudicated the case a notice of appeal. Perfection Administrative Appeals. denial or cancellation of a (1) Administrative appeals under this Chapter shall be perfected within fifteen (15) days after receipt of a copy of the decision complained of by the party adversely affected. or safety require otherwise. Decision. the provisions concerning contested cases shall apply insofar as practicable.
Judicial Review. and all indispensable and necessary parties as defined in the Rules of Court. receive additional evidence. the decision of the appellate agency shall become final and executory fifteen (15) days after the receipt by the parties of a copy thereof. The petition shall contain a concise statement of the issues involved and the grounds relied upon for the review. on its own initiative or upon motion. and shall be accompanied with a true copy of the order appealed from. One (1) motion for reconsideration may be allowed. and with the reviewing court a petition for review of the order. as it may deem just. in the absence thereof. (5) The petition for review shall be perfected within fifteen (15) days from receipt of the final administrative decision. Finality of Decision of Appellate Agency. The petition shall be under oath and shall how. the movant shall perfect his appeal during the remaining period for appeal reckoned from receipt of the resolution of denial. the appellant shall have fifteen (15) days from receipt of the resolution to perfect his appeal. that it was filed within the period fixed in this chapter. In any contested case. (2) Any party aggrieved or adversely affected by an agency decision may seek judicial review. If the motion is denied. (4) Appeal from an agency decision shall be perfected by filing with the agency within fifteen (15) days from receipt of a copy thereof a notice of appeal. Section 24. (7) Review shall be made on the basis of the record taken as a whole. in any court of competent jurisdiction in accordance with the provisions on venue of the Rules of Court. (6) The review proceeding shall be filed in the court specified by statute or. Action on Appeal. by stating the specific material dates. (1) Each agency shall have such number of qualified and competent members of the base as hearing officers as may be necessary for the hearing and adjudication of contested cases. Effect of Appeal. Section 25. considering the nature and circumstances of the case. (1) Agency decisions shall be subject to judicial review in accordance with this chapter and applicable laws. (2) No hearing officer shall engaged in the performance of prosecuting functions in any contested case or any factually related case. Hearing Officers. Section 22. Section 23.ADMINISTRATIVE LAW receipt of the resolution of reversal within which to perfect his appeal. Copies of the petition shall be served upon the agency and all parties of record. together with copies of such material portions of the records as are referred to therein and other supporting papers. or its officers. or the appellate agency directs execution pending appeal. Section 21. upon perfection of the appeal. The appellate agency shall review the records of the proceedings and may. If the decision is reversed on reconsideration. (3) The agency shall. The findings of fact of the agency when supported by substantial 28 . (3) The action for judicial review may be brought against the agency. transmit the records of the case to the appellate agency.The appeal shall stay the decision appealed from unless otherwise provided by law. .
(a) No officer or employee in the Civil Service shall be suspended or dismissed except for cause as provided by law and after due process. the agency shall transmit to the court the original or a certified copy of the entire records of the proceeding under review. Section 26. or committing acts punishable under the anti-graft laws. immoral or dishonest conduct prior to entering the service. .Within fifteen (15) days from the service of the petition for review. (17) Refusal to perform official duty or render overtime service. Discipline: General Provisions. (b) The following shall be grounds for disciplinary action: (1) Dishonesty. or other valuable thing is given by any person in the hope or expectation of receiving favor or better treatment than that accorded other persons. (16) Gambling prohibited by law. (8) Inefficiency and incompetence in the performance of official duties. (7) Discourtesy in the course of official duties. gift or other valuable thing in the course of official duties or in connection therewith when such fee. Transmittal of Record. (9) Receiving for personal use of a fee. (12) Violation of existing Civil Service Law and rules or reasonable office regulations. (5) Disgraceful and immoral conduct. (19) Physical or mental incapacity or disability due to immoral or vicious habits. gift. of (14) Frequent unauthorized absences or tardiness in reporting for duty. (18) Disgraceful. The record to be transmitted may be abridged by agreement of all parties to the proceedings. The court may require or permit subsequent correction or additions to the record. (15) Habitual drunkenness. (11) Improper or unauthorized solicitation of contributions from subordinate employees and by teachers or school officials from school children. (20) Borrowing money by superior officers 29 . CSC Section 46. (2) Oppression. (13) Falsification official document. (10) Conviction of a crime involving moral turpitude. (3) Neglect of duty.ADMINISTRATIVE LAW evidence shall be final except when specifically provided otherwise by law. (6) Being notoriously undesirable. loafing or frequently unauthorized absence from duty during regular office hours. (4) Misconduct.
demotion in rank or salary or transfer. cities and municipalities shall have jurisdiction to investigate and decide matters involving disciplinary action against officers and employees under their jurisdiction. (30) Nepotism as defined in Section 60 of this Title. The disciplining authority may impose the penalty of removal from the service. (2) The Secretaries and heads of agencies and instrumentalities. (d) In meeting out punishment. (25) Insubordination. (28) Lobbying for personal interest or gain in legislative halls and offices without authority. (23) Contracting loans of money or other property from persons with whom the office of the employee concerned has business relations. (27) Conduct prejudicial to the best interest of the service. The results of the investigation shall be submitted to the Commission with recommendation as to the penalty to be imposed or other action to be taken. (c) Except when initiated by the disciplining authority. the same penalties shall be imposed for similar offenses and only one penalty shall be imposed in each case. Disciplinary (1) The Commission shall decide upon appeal all administrative disciplinary cases involving the imposition of a penalty of suspension for more than thirty days. (29) Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public welfare purposes and even in the latter cases if there is no prior authority. or reprimand. demotion in rank. (21) Lending money at usurious rates or interest. fine in an amount not exceeding six months' salary. (24) Pursuit of private business. (22) Willful failure to pay just debts or willful failure to pay taxes due to the government. provinces. or fine in an amount exceeding thirty days' salary. A complaint may be filed directly with the Commission by a private citizen against a government official or employee in which case it may hear and decide the case or it may deputize any department or agency or official or group of officials to conduct the investigation. suspension for not more than one year without pay. removal or dismissal from office. Section 47. no complaint against a civil service official or employee shall be given due course unless the same is in writing and subscribed and sworn to by the complainant. Jurisdiction. (26) Engaging directly or indirectly in partisan political activities by one holding a non-political office. Their decisions shall be final in case the penalty imposed is 30 .ADMINISTRATIVE LAW from subordinates or lending by subordinates to superior officers. vocation or profession without the permission required by Civil Service rules and regulations.
one shall nevertheless be conducted when from the allegations of the complaint and the answer of the respondent. If the answer is found satisfactory. in which case the same shall be executory only after confirmation by the Secretary concerned. (1) Administrative proceedings may be commenced against a subordinate officer or employee by the Secretary or head of office of equivalent rank. the disciplining authority shall dismiss the case. or regional directors. (4) The investigation shall be held not earlier than five days nor later than ten days from the date of receipt of respondent's answer by the disciplining authority. If a prima facie case exists. the complainant shall submit sworn statements covering his testimony and those of his witnesses together with his documentary evidence. (4) An appeal shall not stop the decision from being executory. including the supporting documents. In case the decision rendered by a bureau or office head is appealable to the Commission. he shall notify the respondent in writing. the disciplining authority shall dismiss the case. the respondent shall be considered as having been under preventive suspension during the pendency of the appeal in the event he wins an appeal. unless the period is extended by the Commission in meritorious cases. written complaint of any other person. sworn statements and other documents submitted. and the respondent shall be allowed not less than seventy-two hours after receipt of the complaint to answer the charges in writing under oath. salary. the merits of the case cannot be decided judiciously without conducting such an investigation. (2) In the case of a complaint filed by any other persons. the same may be initially appealed to the department and finally to the Commission and pending appeal. of the charges against the latter. (3) An investigation may be entrusted to regional director or similar officials who shall make the necessary report and recommendation to the chief of bureau or office or department within the period specified in Paragraph (4) of the following Section. together with supporting sworn statements and documents.ADMINISTRATIVE LAW suspension for not more than thirty days or fine in an amount not exceeding thirty days'. or head of local government. and shall be finished within thirty days from the filing of the charges. The decision shall be rendered by the disciplining authority within thirty days from the termination of the investigation or submission of the report of the investigator. 31 . or upon sworn. to which shall be attached copies of the complaint. If on the basis of such papers a prima facie case is found not to exist. the same shall be executory except when the penalty is removal. or chiefs of agencies. (3) Although a respondent does not request a formal investigation. which report shall be submitted within fifteen days from the conclusion of the investigation. Procedure in Administrative Cases Against NonPresidential Appointees. in which he shall indicate whether or not he elects a formal investigation if his answer is not considered satisfactory. Section 48. and in case the penalty is suspension or removal.
Resort to summary proceedings by the disciplining authority shall be done with utmost objectivity and impartiality to the end that no injustice is committed: Provided. respectively. (7) The investigation shall be conducted only for the purpose of ascertaining the truth and without necessarily adhering to technical rules applicable in judicial proceedings. The phrase "any other party" shall be understood to be a complainant other than those referred to in subsection (a) hereof. Summary Proceedings. . together with the notice of appeal. It shall be conducted by the disciplining authority concerned or his authorized representative. which shall forward the records of the case.ADMINISTRATIVE LAW (5) The direct evidence for the complainant and the respondent shall consist of the sworn statement and documents submitted in support of the complaint or answer. 32 . Following cross-examination. without prejudice to the presentation of additional evidence deemed necessary but was unavailable at the time of the filing of the complaint or answer. which petition shall be decided within fifteen days. himself or upon his order. The notice of appeal shall specifically state the date of the decision appealed from and the date of receipt thereof. as the case may be. or (c) error of law or irregularities have been committed which are prejudicial to the interest of the respondent: Provided. by respondent and the complainant. upon which the cross-examination. and (3) When the respondent is notoriously undesirable. shall be based. (2) When the respondent is a recidivist or has been repeatedly charged and there is reasonable ground to believe that he is guilty of the present charge. there may be redirect and recrossexamination. Appeals. Notice of the appeal shall be filed with the disciplining office. if any. with its comment. That removal or dismissal except those by the President. where allowable. shall be made by the party adversely affected by the decision within fifteen days from receipt of the decision unless a petition for reconsideration is seasonably filed. It shall also specifically set forth clearly the grounds relied upon for excepting from the decision. (b) the decision is not supported by the evidence on record. Section 49.] (1) Appeals. That only one petition for reconsideration shall be entertained. Section 50. (2) A petition for reconsideration shall be based only on any of the following grounds: (a) new evidence has been discovered which materially affects the decision rendered. No formal investigation is necessary and the respondent may be immediately removed or dismissed if any of the following circumstances is present: (1) When the charge is serious and the evidence of guilt is strong. (6) Either party may avail himself of the services of counsel and may require the attendance of witnesses and the production of documentary evidence in his favor through the compulsory process of subpoena or subpoena duces tecum. may be appealed to the Commission. to the appellate authority within fifteen days from filing of the notice of appeal.
Political Activity. . Nothing herein provided shall be understood to prevent any officer or employee from expressing his views on current political problems or issues. . or title of any kind from any foreign state. Preventive Suspension. CHAPTER PROHIBITIONS Section 54. oppression or grave misconduct. semiskilled or unskilled. including government-owned or controlled corporations or their subsidiaries. shall engage directly or indirectly in any partisan political activity or take part in any election except to vote nor shall he use his official authority or influence to coerce the political activity of any other person or body. emolument. if the charge against such officer or employee involves dishonesty. Section 55. When the administrative case against the officer or employee under preventive suspension is not finally decided by the disciplining authority within the period of ninety (90) days after the date of suspension of the respondent who is not a presidential appointee. or neglect in the performance of duty. double. subject to such terms and conditions as he may impose in the interest of the service. Section 56. Pensions and gratuities shall not be considered as additional. or from mentioning the names of candidates for public office whom he supports: Provided. That when the delay in the disposition of the case is due to the fault.In meritorious cases and upon recommendation of the Commission. Limitation 7 on office in the Government or any government-owned or controlled corporations or in any of its subsidiaries. (2) No candidate who has lost in any election shall. or if there are reasons to believe that the respondent is guilty of charges which would warrant his removal from the service. whether skilled. the President may commute or remove administrative penalties or disabilities imposed upon officers or employees in disciplinary cases. The proper disciplining authority may preventively suspend any subordinate officer or employee under his authority pending an investigation. shall not be assigned to perform clerical duties. within one year after election. . Removal of Administrative Penalties or Disabilities. Appointment. Additional or Double Compensation. Section 52.No elective or appointive public officer or employee shall receive additional or double compensation unless specifically authorized by law nor accept without the consent of the President. or indirect compensation. Section 53.No officer or employee in the Civil Service including members of the Armed Forces. the period of delay shall not be counted in computing the period of suspension herein provided. That public officers and employees holding political offices may take part in political and electoral activities but it shall be unlawful for them to solicit contributions from their subordinates or subject them to any of the acts involving subordinates prohibited in the Election Code. Laborers. be appointed to any . agency or instrumentality thereof. the respondent shall be automatically reinstated in the service: Provided. Section 57. Lifting of Preventive Suspension Pending Administrative Investigation. negligence or petition of the respondent.ADMINISTRATIVE LAW Section 51. Limitations on Employment of Laborers. (3) Unless otherwise allowed by law or by the primary functions of his position. no appointive official shall hold any other office or employment in the Government or any subdivision. office. 33 (1) No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. any present.
Ineligibility of HighLevel Employees to Join Rank-andFile Employees' Organization. the word "relative" and members of the family referred to are those related within the third degree either or consanguinity or of affinity. in conjunction with appropriate government authorities. . of the pending such transfer. and CHAPTER 6 RIGHT TO SELF-ORGANIZATION Section 38. can form. after his or her appointment to any position in an office or bureau. contracts marriage with someone in the same office or bureau. The restriction mentioned in subsection (1) shall not be applicable to the case of a member of any family who. however. made in favor of a relative of the appointing or recommending authority. Coverage. including government-owned or controlled corporations. Nepotism. or of the chief of the bureau or office. As used in this Section. That in each particular instance full report of such appointment shall be made to the Commission. firemen and jail guards. Section 39. and (d) members of the Armed Forces of the Philippines: Provided. in which event the employment or retention therein of both husband and wife may be allowed. High-level employees whose functions are normally considered as policy-making or managerial or whose duties are of a highly confidential nature shall not be eligible to join the organization of rank-and-file government employees. Protection Right to Organize. (1) All government employees. labormanagement committees. are hereby prohibited. city and municipal governments or in any branch or instrumentality thereof. (c) physicians. (3) In order to give immediate effect to these provisions. (b) teachers. (2) The provisions of this Chapter shall not apply to the members of the Armed Forces of the Philippines. Section 59. including those in government-owned or controlled corporations with original charters. policemen.No detail or reassignment whatever shall be made within three (3) months before any election. cases of previous appointments which are in contravention hereof shall be corrected by transfer. no promotion or salary increase shall be allowed in favor of the relative or relatives who are appointed in violation of these provisions. Their employment shall not be subject to the condition that they shall not join or shall 34 . join or assist employees' organizations of their own choosing for the furtherance and protection of their interests. Prohibition on Detail or Reassignment. They can also form. work councils and other forms of workers' participation schemes to achieve the same objectives. (2) The following are exempted from the operation of the rules on nepotism: (a) persons employed in a confidential capacity.ADMINISTRATIVE LAW Section 58. Section 40. (1) All appointments in the national. (1) Government employees shall not be discriminated against in respect of their employment by reason of their membership in employees' organizations or participation in the normal activities of their organizations. including police officers. or of the persons exercising immediate supervision over him. provincial.
and that the said organization has the majority support of the rankand-file employees in the organizational unit. Certificate of Registration. Section 45.The Commission on Human Rights shall be composed of a Chairman and four (4) Members who must be natural-born 35 . Composition and Qualification. the Council shall promulgate the necessary rules and regulations to implement this Chapter. . Section 42. Registration of Employees' Organization. (3) Where there are two or more duly registered employees' organizations in the appropriate organizational unit. a registration certificate shall be issued to the organization recognizing it as a legitimate employees' organization with the right to represent its members and undertake activities to further and defend its interests. order the conduct of a certification election and shall certify the winner as the exclusive representative of the rankand-file employees in said organizational unit. Applications may also be filed with the Regional Offices of the Department of Labor and Employment which shall immediately transmit the said applications to the Bureau of Labor Relations within three (3) days from receipt thereof. . (1) The duly registered employees' organization having the support of the majority of the employees in the appropriate organizational unit shall be designated as the sole and exclusive representative of the employees. lawphi1.net Section 41.ADMINISTRATIVE LAW relinquish their membership in the employees' organizations.Upon arrival of the application. . Section 44. the Secretary of Justice and the Secretary of Budget and Management. (2) Government authorities shall not interfere in the establishment. (2) A duly registered employees' organization shall be accorded voluntary recognition upon a showing that no other employees' organization is registered or is seeking registration. as Vice-Chairman.A Public Sector Labor-Management Council is hereby constituted to be composed of the following: The Chairman of the Civil Service Commission. upon petition. based on the records of the Bureau of Labor Relations. and the Secretary of Finance. the Bureau of Labor Relations shall. as Chairman. Subtitle A Commission on Human Rights Section 1. Section 43. The corresponding certificates of registration shall be jointly approved by the Chairman of the Civil Service Commission and the Secretary of Labor and Employment. functioning or administration of government employees' organizations through acts designed to place such organizations under the control of government authority. The Public Sector Labor-Management Council. The Council shall implement and administer the provisions of this Chapter. the Secretary of Labor and Employment. The appropriate organizational unit shall be the employer's unit consisting of rank-and-file employees unless circumstances otherwise require. For this purpose. Appropriate Organizational Unit. Sole and Exclusive Employees' Representatives. Government employees' organizations shall register with the Civil Service Commission and the Department of Labor and Employment. The application shall be filed with the Bureau of Labor Relations of the Department which shall process the same in accordance with the provisions of the Labor Code of the Philippines. as members.
. at the time of their appointment. (5) Establish a continuing program of research. agencies.The Chairman and the Members of the Commission on Human Rights shall be appointed by the President for a term of seven years without reappointment. including government-owned or controlled corporations or their subsidiaries.The Chairman and the Members of the Commission on Human Rights shall receive the same salary as the Chairman and Members.The Chairman and the Members of the Commission on Human Rights shall not. 36 . Appointment to any vacancy shall be only for the unexpired term of the predecessor. hold any other office or employment. during their tenure. or agency in the performance of its functions. (4) Exercise visitorial powers over jails prisons. The Commission on Human Rights shall: (1) Investigate. education and information to enhance respect for the primacy of human rights. office. Section 6. Powers and Functions. Section 4. and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection. Section 5. (10) Appoint its officers and employees in accordance with law. The approved annual appropriations of the Commission on Human Rights shall be automatically and regularly released. Compensation. (2) Adopt its operational guidelines and rules of procedure. and (11) Perform such other duties and functions as may be provided by law. or in any franchise or privilege granted by the government. a majority thereof shall be members of the Philippine Bar. (7) Monitor the Philippine Government's compliance with international treaty obligations on human rights. (3) Provide appropriate legal measures for the protection of human rights of all persons within the Philippines. Neither shall they engage in the practice of any profession or in the active management or control of any business which in any way will be affected by the functions of their office. bureau. Section 3. Annual Appropriations. However. at least thirty-five years of age. which shall not be decreased during their term of office. as well as Filipinos residing abroad. or their families. or detention facilities. or instrumentalities.ADMINISTRATIVE LAW citizens of the Philippines and. and must not have been candidates for any elective position in the elections immediately preceding their appointment. all forms of human rights violations involving civil and political rights. in any contract with. respectively. any of its subdivisions. and cite for contempt violations thereof in accordance with the Rules of Court. Inhibitions Against Commissioners. directly or indirectly. (9) Request the assistance of any department. of the Constitutional Commissions. (8) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority. on its own or on complaint by any party. Term of Office. (6) Recommend to the Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights. . nor shall they be financially interested. Section 2. .
office or agency. to perform and expedite any act or duty required by law. prosecuting 37 . Powers and Functions. THE MANDATE OF DEPARTMENT OF JUSTICE THE The Department of Justice (DOJ) derives its mandate primarily from the Administrative Code of 1987 (Executive Order No. and subject to such limitations as may be provided by law. (1) The Office of the Ombudsman shall be headed by the Ombudsman. to be known as the Tanod-bayan. any act or omission of any public official. (4) Direct concerned. or to stop. The Office of the Ombudsman shall: (1) Investigate on its own. and ensure compliance therewith. or any subdivision. the in officer any appropriate case. if necessary. improper. (2) Direct. A separate Deputy for the military establishment may likewise be appointed. pertinent records and documents. or inefficient. It carries out this mandate through the Department Proper and the Department’s attached agencies under the direct control and supervision of the Secretary of Justice. to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties. fraud. the DOJ serves as the government’s prosecution arm and administers the government’s criminal justice system by investigating crimes. who shall be assisted by one overall Deputy and at least by one Deputy each for Luzon. when such act or omission appears to be illegal.ADMINISTRATIVE LAW Subtitle B Office of the Ombudsman Section 1. (3) Direct the officer concerned to take appropriate action against a public official or employee at fault. and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency. unjust. or prosecution. red tape. or on complaint by any person. demotion. Visayas and Mindanao. employee. (5) Request any government agency for assistance and information necessary in the discharge of its responsibilities. censure. (7) Determine the causes of inefficiency. (2) It shall have such other officials and employees. upon complaint or at its own instance. fine. and recommend his removal. and correct any abuse or impropriety in the performance of duties. As such. (6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence. mismanagement. agency or instrumentality thereof. and report any irregularity to the Commission on Audit for appropriate action. prevent. Composition. any public official or employee of the Government. and to examine. Under EO 292. (8) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law. Section 2. 292). the DOJ is the government’s principal law agency. suspension. to be appointed by the Ombudsman according to the Civil Service Law. as well as of any governmentowned or controlled corporation with original charter.
the DOJ. Likewise. This power of adjudication of the Secretary originally stemmed from Presidential Decree No.D. INTERNATIONAL COOPERATION. is also the government’s legal counsel and representative in litigations and proceedings requiring the services of a lawyer. the Secretary or his duly-authorized representative is authorized to act on immigration matters. 1069). the Board of Pardons and Parole (BPP) and the Parole and Probation Administration (PPA). The DOJ. LEGAL COUNSEL OF GOVERNMENT. Also. 142 dated August 23. investigation or matter requiring the services of a lawyer. The Department is also involved in the negotiation of various investment and trade agreements with other foreign countries. and is now embodied in Sections 66 to 71. under Philippine Extradition Law (P. acts as the legal representative of the Government of the Philippines. ADMINISTRATION OF THE CRIMINAL JUSTICE SYSTEM. including waiver of visas and admission of aliens. through its attached offices. The DOJ is the central authority of the Republic of the Philippines relative to extradition and mutual legal assistance treaties (MLAT) on criminal matters and is involved in several aspects of international cooperation such as the drafting and implementation of legislation and agreements as well as the negotiation of extradition and MLAT. including government owned and controlled corporations including their subsidiaries. through the Office of the Solicitor General (OSG) and the Office of the Government Corporate Counsel (OGCC). 242. The DOJ provides free legal 38 . Chapter 14. and settles land disputes between and among small landowners and indigenous cultural minorities. Book IV of E. He is likewise empowered to act on all queries and/or requests for legal advice and guidance from private parties and other officials and employees of the government. EO 292 specifically designates the Secretary as Attorney-General and ex-officio legal adviser of government-owned or controlled corporations (GOCC) and their subsidiaries. The DOJ provides immigration and naturalization regulatory services and implements the laws governing citizenship and the admission and stay of aliens through the Bureau of Immigration (BI). PROVISION OF FREE LEGAL ASSISTANCE. provides free legal services to indigent Filipinos. implements the Philippines’ laws on the admission and stay of aliens within its territory. Likewise. REGULATION OF IMMIGRATION. The Secretary exercises administrative adjudicatory powers over all controversies between/among government agencies. respectively. except deportation matters. officials and agents in any proceeding. under Administrative Order No. 292.O. the DOJ handles requests for extradition and/or mutual legal assistance and represents treaty partners in Philippine courts. its agencies and instrumentalities including government owned and controlled corporations and their subsidiaries. processes applications for refugee status of persons pursuant to the obligations of the Philippines as signatory to the 1951 Convention and 1967 Protocol relating to the Status of Refugees. the DOJ administers the probation and correction system of the country through the Bureau of Corrections (BuCor). Moreover. The DOJ investigates the commission of crimes and prosecutes offenders through the National Bureau of Investigation (NBI) and the National Prosecution Service (NPS).ADMINISTRATIVE LAW offenders and overseeing the correctional system. The Secretary is also the ex-officio CoVice Chairman of the Commission on Maritime and Ocean Affairs (CMOA) pursuant to EO 612 and EO 612-A (2007). 1994. through the DOJ Refugee Processing Unit (DOJRPU). which is involved in the identification of the Philippine baselines and in the preparation of the submission to the United Nations of the country’s claim for extended continental shelf. The DOJ.
The Comprehensive Dangerous Drugs Act of 2002 (RA 9165). develop and expand the use of alternative dispute resolution in civil and commercial disputes. which is an agency attached to the DOJ and which is tasked to promote. and educational policies relating to national security. and settle land disputes involving small landowners and members of indigenous cultural communities through the Commission on the Settlement of Land Problems (COSLAP).A. created the Inter-Agency Council on Trafficking (IACAT). which advises the President with respect to the integration of domestic. 6981). The Witness Protection. The Anti-Trafficking in Persons Act of 2003 (R. which created the Dangerous Drugs Board to see to policy-making and strategyformulation on drug prevention and control and designated the Secretary or his representative as exofficio member of such Board. The Juvenile Justice and Welfare Act of 2006 (R. 39 • The Human Security Act of 2007 (RA 9372) which created the and designated the Secretary as ex-officio member thereof.O. and labor cases.A. 292. Security and Benefit Act (R. social. the Alternative Dispute Resolution Act of 2004 (RA 9285) created the Office for Alternative Dispute Resolution (OADR). which mandates the • • • • • .ADMINISTRATIVE LAW assistance/representation to indigents and poor litigants in criminal. The Anti-Money Laundering Act of 2001 (R. the monitoring body of government initiatives to counter violence against women and children. military. With the DOJ Anti-Money Laundering Desk (DOJAMLD). economic. 9344) which created the Juvenile Justice and Welfare Council (JJWC) and which attached said council to the DOJ for administrative supervision. conciliate. which mandates the DOJ to formulate and implement a Witness Protection. foreign.A. the Secretary is also an exofficio member of the National Security Council (NSC). national security. which designated the Department as a member agency of the Inter-Agency Council on Violence Against Women and their Children (IACVAWC). which created the Anti-Money Laundering Council (AMLC) to which the DOJ is a support agency through the investigation of money laundering offenses and the prosecution of offenders. the DOJ works in close coordination with the AMLC in its task of combating money laundering and financing of terrorism. 9208). civil. the Department is significantly involved in the implementation of the following penal. In addition to performing its mandate under E. With regard to conciliation and mediation. administrative and other quasijudicial proceedings and noncommercial disputes through the Public Attorney’s Office (PAO). political. The Anti-Violence Against Women and Their Children Act of 2004 (RA 9262).A. Relative to this and under EO 292. The Rape Victim Assistance and Protection Act of 1998 (RA 8505). of which the Secretary is Chairman. 9160). and social welfare laws: • • prosecution of persons accused of human trafficking and for that purpose. DOJ FUNCTIONS UNDER OTHER LAWS. Security and Benefit Program for the admission and protection of witnesses. SETTLEMENT OF LAND DISPUTES The DOJ is tasked to investigate.
to wit: • The Anti-Dummy Law (Commonwealth No. investigation. or as applied to administrative proceedings. Executive Order 275 (1995) designated the Secretary as the Chairman of the Special Committee for the Protection of Children. The Secretary is also an ex-officio member of the Judicial and Bar Council (JBC). which created the Public Sector Labor Management Council. • Secretary appellate jurisdiction over the constitutionality or legality of municipal tax ordinances and revenue measures. Executive (2007) which with supervision Presidential on Good (PCGG) Order 643 vests the DOJ administrative over the Commission Government . series of 1981. Under EO 648. The Special Protection of Children Against Abuse. series of 2002). The first of the enumerated rights pertain to the substantive rights of a party at hearing stage of the proceedings. business or enterprise expressly reserved by law to Filipino citizens or corporations or associations whose equity at least 60% of which is owned by Filipinos. and the National Water Resources Board (NWRB) (EO 123. of which the Secretary is a member. administrative proceedings. The Local Government Code (Section 187 of RA 7160) which vests in the • Cardinal rights. otherwise known as Electric Power Industry Reform Act of 2001). whereby the Secretary is empowered to authorize the employment of aliens as technical personnel in the management of a franchise. Pursuant to the said law. The essence of this aspect of due process is simply the opportunity to be heard. 108). an undersecretary of the DOJ is designated as an ex-officio Commissioner of the Housing and Land Use Regulatory Board (HLURB). in the case of COMELEC. as amended by Presidential Decree 715. and Discrimination Act (RA 7610). the Committee on Privatization [AO 48 (1987)]. Rule 17 of its Rules of Procedure defines the requirements for a hearing and these serve as the standards in the 40 . He is also an ex-officio director of the Power Sector Assets and Liabilities Management (PSALM) Corporation (RA 9136. Exploitation. • Administrative Order 211 (2007). A formal or trial-type hearing is not at all times and in all instances essential. an opportunity to explain one’s side or an opportunity to seek a reconsideration of the action or ruling complained of. to provide guidelines for the exercise of the right of government employees to organize. prosecution and punishment of political violence. [Section 8(1). Article VIII of the 1987 Constitution]. Executive Order 180 (1987).ADMINISTRATIVE LAW which mandated the DOJ to participate in inter-agency efforts to establish Rape Crisis Centers in every city or province for the purpose of rendering assistance to rape victims. • • Other tasks falling within the multifarious duties of the executive branch to administer the laws devolve upon the Department through the Secretary. which designated the DOJ as a member agency of the Task Force Against Political Violence tasked to undertake the prevention.
e. The premature invocation of the intervention of the court is fatal to one’s cause of action. 2009. well within the competence. and the jurisdiction of the court and not the administrative agency. Finally. must be based on substantial evidence. etc.. Commission on Elections and Roberto M. which involve the interpretation and application of laws. constitutes essentially an exercise of judicial power that is exclusively allocated to the Supreme Court and such lower courts the Legislature may establish. October 27. Hon. third. The availment of administrative remedy entails lesser expenses and provides for a speedier disposition of controversies. the tribunal must consider the totality of the evidence presented which must all be found in the records of the case (i.R. No. These standards set forth the guiding considerations in deliberating on the case and are the material and substantial components of decision-making. then such remedy should be exhausted first before the court’s judicial power can be sought. Thus. as the decision-maker decides on the evidence presented during the hearing. reached by the decision-maker himself and not by a subordinate. Hence. Exhaustion of administrative remedies. there are several exceptions to this rule. . It is true that the general rule is that before a party is allowed to seek the intervention of the court. and sixth aspects of the Ang Tibay requirements are reinforcements of the right to a hearing and are the inviolable rights applicable at the deliberative stage. Malones. As a component of the rule of fairness that underlies due process. fifth. 2009. Furthermore. The second.ADMINISTRATIVE LAW determination of the presence or denial of due process. Mariano M. G. Evelyn Ongsuco and Antonia Salaya vs. those presented or submitted by the parties). Mendoza vs. fourth. G. Briefly. Resolving questions of law. if resort to a remedy within the administrative machinery can still be made by giving the administrative officer concerned every opportunity to decide on a matter that comes within his or her jurisdiction. relating to the form and substance of the decision of a quasi-judicial body. a case where the issue raised is a purely legal question. October 15. The doctrine of 41 exhaustion of administrative remedies is based on practical and legal reasons. and to ensure that the decision will be thought through by the decisionmaker. for reasons of comity and convenience. 188308. the courts of justice. to expose the reason to public scrutiny and criticism. the conclusion.R. R. further complements the hearing and decisionmaking due process rights and is similar in substance to the constitutional requirement that a decision of a court must state distinctly the facts and the law upon which it is based.. this is the “duty to give reason” to enable the affected person to understand how the rule of fairness has been administered in his case. the jurisdiction over which is initially lodged with an administrative body of special competence. Pagdanganan. the last requirement. However. 182065. would clearly constitute an exception. The rule on the exhaustion of administrative remedies is intended to preclude a court from arrogating unto itself the authority to resolve a controversy. so as to give the administrative agency concerned every opportunity to correct its error and dispose of the case. No. will shy away from a dispute until the system of administrative redress has been completed and complied with. he or she should have availed himself or herself of all the means of administrative processes afforded him or her.
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