ADMIN LAW (02032022)

First case:
MECANO vs. COMMISSION ON AUDIT
G.R. No. 103982
December 11, 1992

FACTS:
Petitioner Mecano, a Director II of the National Bureau of Investigation (NBI), was hospitalized
due to cholecystitis from March 26, 1990 to April 7, 1990 to which he incurred medical and
hospitalization expenses in the total amount being claimed from the COA. Petitioner Mecano
requested reimbursement for expenses on the ground that he is entitled to the benefits under
Section 6991 of the RAC. Then, Director Lim forwarded the petitioner's claim which was
recommended a favorable action for the request because the petitioner’s illness is service-
connected, to which the Committee on Physical Examination of the Department of Justice
agreed. However, then Undersecretary of Justice Silvestre H. Bello III, returned the petitioner's
claim to Director Lim given that the RAC being relied upon by the petitioner was repealed by the
Administrative Code of 1987 but the petitioner contended that “the issuance of the
Administrative Code did not operate to repeal or abrogate in its entirety the Revised
Administrative Code, including the particular Section 699 of the latter.'' Moreover, the same
section was not reinstated or re-enacted in the Administrative Code of 1987. As a result, the
claim may be filed to the Employees’ Compensation Commission in consideration to the fact that
petitioner Mecano’s illness occurred after the effectiveness of the Administrative Code of 1987
and the claim was returned by Undersecretary of Justice Eduardo.
ISSUE: Whether or not the Administrative Code of 1987 repealed Section 699 of the RAC.
RULING
NO. Laws are presumed to be passed with deliberation with full knowledge of all existing ones
on the subject, it is reasonable to conclude that in passing a statute it’s not intended to interfere
with or abrogate any former law relating to some matter, unless the repugnancy between the two
is not only irreconcilable, but also clear and convincing, and flowing necessarily from the
language used, unless the later act fully embraces the subject matter of the earlier, or unless the
reason for the earlier act is beyond peradventure renewed. It is certainly not an express repealing
clause because it fails to identify or designate the act or acts that are intended to be repealed. The
failure to add a specific repealing clause indicates that the intent was not to repeal any existing
law, unless an irreconcilable inconsistency and repugnancy exist in the terms of the new and old
laws. Wherefore, the premises considered, the Court resolves to grant the petition and the
respondent is hereby ordered to give due course to petitioner's claim for benefits.

What was the claim of Mecano?

-Seek for reimbursement
What was the Ruling?
-Claim was granted
Why?
-Provision is not an express repeal. SC said that later enactment may not affect an earlier
statute. Cannot assume implied repeal of previous act if there is a new enactment. New
administrative code is a continuation of the new one. Framers of the law manifest indication of
the purpose to repeal of previous law should be indicated for such to be considered.

Case 2

MARIA ELENA MALAGA vs MANUEL R. PENACHOS, JR.

G.R. No. 86695

September 3, 1992

FACTS

Iloilo State College of Fisheries (ISCOF) through its Pre-qualification, Bids and Awards
Committee (PBAC) caused the publication on the 25 th, 26th and 28th of November 1988 the issues
of the Western Visayas Daily an Invitation to Bid for the construction of the Micro Laboratory
Building at ISCOF. Petitioners Maria Elena Malaga and Josieleen Najarro, respectively doing
business under the name of the B.E. Construction and Best Built Construction, submitted their
pre-qualification documents on December 2, 1988. Petitioner Jose Occeña submitted his own
PRE-C1 on December 5, 1988. All three were not allowed to participate due to their lateness,
hence the complaint in RTC Iloilo that PBAC refused to accept without just cause. Judge
Lebaquin issued a restraining order prohibiting the bidding and awarding of PBAC. The
respondents contend that the Court is prohibited from doing so under P.D. 1818. The RTC lifted
restraining order and denied preliminary injunction following such to which PBAC could not be
restrained because the authority was on ISCOF President which is not party to the case.

ISSUE: Whether or not ISCOF is covered by P.D. 1818.

RULING

YES. The Supreme Court held that under the Administrative Code, ISCOF is considered to be a
chartered institution which includes state universities amongst others, thus it is covered by P.D.
1818. The fact that ISCOF is a government instrumentality as indicated in its charter to which it
was created in pursuance of the integrated fisheries development policy of the State, ex-officio
officer role of Treasurer of the Republic of the Philippines and as audited by the Commission on
Audit, and that heads of bureaus and offices of the national government are authorized to loan
and transfer funds. Furthermore, the SC held, that though such qualifications do not
automatically cover ISCOF of the said degree as two irregularities therein that did not arise from
discretionary acts of the administrative body nor technical matters, but rather that on procedural
rules on bidding which require strict observance.
What is PD1818?
-see: https://lawphil.net/statutes/presdecs/pd1981/pd_1818_1981.html
-PD prohibiting courts issuing TROs to infra projects by gov.
-So sources of admin law not just on admin code but such

What is the importance of administrative law?

-Contains bodies of laws and procedures and legal institutions affecting government agencies
and does not only administer legislated laws and implements such but also administers public
programs.
EXAMPLE:: resolution of cases and certain issues, only bound by administrative laws and not
under the jurisdiction of the courts

What do you mean by government?

-Administrative bodies. Found in the executive branch. Tasked to implement our laws [assessed
by the legislative bodies.]
-Admin laws are only set aside or revised if showing abuse of discretion-> something patent and
gross that it will already result in an evasion of positive duty or the refusal to perform the duty.

As a general rule, factual findings of admin bodies are to be respected by courts and have
finality if supported with substantive evidence. May not be overwhelming but as long as
substantial, it should be respected.
~Admin bodies may not be the same as court but finding of facts by such bodies are also
persuasive when such cases are filed on appeal to regular courts.

Several principles when studying admin law and its importance.

Different administrative bodies or agencies? (Refer to previous notes)

(agency of the gov’t like GSIS, SSS ganurn)

Administrative bodies created to regulate police power

● Securities and Exchange Commission (SEC)
● Commission on Immigration and Deportation
● PRC→regulates the group of nurses, doctors and other professionals
● Bureau of Food and Drug Administration
● Housing and Land use Regulatory Board→ diff licensing of housing concerns and land conflicts
● Board of Food Inspectors
● Monetary Board
● Land Transportation Office (LTO) –> regulates issuance of licenses, vehicles and public
utilities

Admin bodies to regulate public utilities

● Land Transportation Franchising and Regulatory Board (LTFRB)
● National Telecommunications Commission (NTC) –> regulates communication
● Board of Energy–> includes that of the gasoline stations
 ● National Water Resource Council
● Civil Aeronautics Board–> airplanes, private planes
● Board of Marine Inquiry–> ships

Admin bodies to carry government functions**

● COA(?)
● Civil Service Commission(?)
● DepEd(?)
● COMELEC(?)
● BIR
● Bureau of Customs
● Board of Special Inquiry
● Land Registration Agency
● Social Security System (SSS)
**those with (?) are not confirmed by atty as correct or wrong. Search on your own and use with your own
discretion lol

How are these administrative bodies created?

Through laws passed by congress granting them a charter. The legislative in short.

What is administration?
Activity of executive officer of the government.
The function in implementation and administration of diff government agencies and quasi-
judicial powers.

Two kinds:
1. Internal administration- legal structure within the administrative bodies
I.e. bir has own internal admin prior regulating persons within its organizational structure

2. External administration- concerns with problems in the administration of the

regulations or in the exercise of their delegated powers.
I.e. BIR ulet to collect taxes as a duty which are enumerated in the income tax
code. External administration in the implementation of the collection of taxes,
therefore involving individuals outside the organizational structure of BIR.

Nature of administration
-a government structure which is tasked to enact rules and regulations so that the purpose to
which they are created, they can implement. ENACT ONLY SPECIFIC and do not enact laws.
Rules only necessary in implementing the purpose assigned to them.

Two powers:
(1) quasi-legislative in creating rules and regulations. Then,
(2) quasi-judicial powers acting as courts but they are not regular courts but only exercise
similar powers.

NOTE: Earlier, it was said that admin agencies are created by laws passed by congress.
Therefore, they can only be, also, abolished by another law that is meant to abolish them. Even
if they are under the executive body, the president can’t pass an EO abolishing the agency. If
BIR is no longer needed, president can't remove, but the congress should.

NEXT TOPIC is different powers of administrative agencies

-legislative power -> read this for next meeting
-judicial power
-administrative procedure -> as to how issues are resolved in relation to previous power

(assignment questions will be posted. Next meeting is THURSDAY)

…
QUIZ: Provide a short answer and post sa IG o kung san mo trip.

1. Anong tawag sa kalabaw na nasa taas ng puno? (2pts)

2. Anong tawag sa 6mal na gusto manggana pero pirming no appearance? (2pts)

3. Ano bang meron siya na wala ako? (2pts)

4. Kung magiging hayop ka, bakit butiki? (3pts)

5. Kung liligaya ka, bakit sa piling pa ng iba? (3pts)

6. Kung iibig ka, bakit isang linggo lang? (3pts)

7. Kung ang love ay sa first sight, ano mangyayari sa pangalawang tingin? Justify. (5pts)

8. Kumusta ka? Provide legal basis (10pts)

-> Subukan mo magskip, madadagukan ka ng codal at least once a day. Sige ka, masakit yan.