ADMINISTRATIVE LAW and LAW ON PUBLIC OFFICERS REVIEWER
Segments of the Study of Admin Law:
1. Transfer of power from Legislature to
Administrative agencies
2. Exercise of delegated power by administrative
agencies
3. Review of administrative by the judiciary
Scope of Admin Law:
1. Fixes administrative operation and structure of
the government
2. Enforces that which is entrusted to
administrative authorities
3. Governs public officers and create
administrative officers
4. Provides remedies to those aggrieved
5. Governs judicial review
6. Includes rules, regulations, orders and
decisions made by admin authorities
7. Includes body of judicial doctrine on any of
the above
Administrative law – branch of public law that
deals with activities of executive or administrative
agencies that exercises quasi-legislative and quasi-
judicial functions. Characteristics:
1. Not bound by technical rules of evidence
2. Administrative decisions can be amended
upon clear showing of grave abuse of
discretion
3. Factual findings of administrative bodies are
accorded respect and considered final by
substantial evidence (relevant evidence which a
reasonable mind will accept as adequate to
support a conclusion)
Origin of Admin Law: Statutes
Increase of govt functions
Necessity of govt control
Sources: 1. Constitution
2. Statues creating admin bodies
3. Court decisions
4. Rules, regulations, order issued by
these agencies
Admin law vis-à-vis Constitutional law
o Emphasis on problems of administrative
regulation
o Provides details
o Lays down secondary rules that limit, wualify
or expand general precepts
o Treats relations of government with individuals
from standpoint of the powers of government.
o Emphasis on duties
 Emphasis on organization, operation and
management of branches of government
 Provides framework of governmental org
 Lays down general rules of government
 Treats relations of government with individuals
from standpoint of individual
 Lays stress on rights
Admin law complements consti law as it determine
rules of law of administrative authorities.
Admin law supplements consti laws as it regulates
administrative organizations of the government.
Admin Law vis-à-vis Penal Law
o Penal sanctions for the purpose of enforcing a
rule of admin law
 Penal sanctions are applied to all branches of
law including admin law
Admin law vs international law:
o Rules guide officers in their actions as agents
of govt
 Cannot be binding upon officers of govt
agencies
Administration (as an institution) – group of
aggregate of persons in whose hands the reins of
government are for the time being.
Administration (as a function) – pertains to the
execution of the law or will of the State as
expressed by competent authority
Aspects of Administration:
1. Internal – legal side of public administration
(e.g. matters concerning personnel, fiscal
and planning activities)
2. External – problems of government
regulations (e.g. regulation of professions,
industries or business)
Administrative Agency – any government authority
other than a court or legislative body performing
rule-making or adjudicatory functions
When can there be Judicial Review of
Administrative Decisions?
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 1. When the constitution allows it – through
certiorari within 30 days of any decision,
order, or ruling of the COMELEC and COA
2. When the statute or law permits it – by the CA
to review decisions of quasi-judicial agencies
(listed in Sec. 1, Rule 43 of the Civil
Procedure); or by the RTC if the
administrative agency is not listed (in Rule 43,
Sec. 1 of the Civil Procedure), through special
civil action for certiorari under Rule 65;
Book 7, Sec, 25, Admin Code of 1987 –
agency decisions subject to judicial review
may file a petition for review within 15 days
by a party aggrieved in a court specified by
the statute
3. When issues involve questions of law:
a. Constitutionality of a statute creating the
agency and its powers
b. Validity of the agency’s action
c. Correctness of the agency’s interpretation
and application of law
Of the Constitutional Commissions, only the Civil Service
Commission is appealable to the CA; the COMELEC and
COA are appealable to the SC.
Doctrines regarding Judicial Review of
Administrative Decisions (Admin Decisions has to be
considered first before seeking judicial remedies):
1. Doctrine of Primary Jurisdiction or Prior
Resort – applies when there is concurrence of
jurisdiction (same jurisdiction between regular
court and admin agency) – except if the issue
is not within the competence of the admin
agency and issue doesn’t require technical
expertise of the admin agency
2. Doctrine of Exhaustion of Administrative
Remedies – when law prescribes a procedure;
it give an agency a chance to correct its own
error; for reasons of comity (doctrine of
separation of powers) and convenience (to
decongest the courts of cases); used only in
assailing quasi-judicial issues and not quasi-
legislative rules
Exceptions to these doctrines:
1. Purely legal question
2. Lack of jurisdiction
3. Time is of the essence
4. Would be oppressive and unreasonable
5. Strong public interest
6. Estoppel by laches
7. Irreparable damage by the party
8. Private land in and case proceedings
9. There is no plain, speedy and adequate
remedy
10. Doctrine of qualified political agency
11. Blatant violation of due process
12. (Matters of transcendental importance)
Extent of Judicial Review, General Rules:
1. Questions of law are always reviewable by the
courts
2. Finding of facts, if based on substantial
evidence, are conclusive and binding on
courts
3. Courts can review if decisions were attended
with capriciousness
4. Questions of jurisdiction are reviewable to
determine the question of authority to decide
Modes of Review:
1. By Provisions of Law (petitions for review
involving question of fact and law)
2. Certiorari, kinds:
a. Simple/Ordinary (Rule 45) – errors
of judgement and questions of law
b. Special Civil Action (Rule 65) –
errors of jurisdiction
Requisites:
1. Lack of jurisdiction or grave abuse of discretion
amounting to lack or excess of jurisdiction
2. There is no other plain, speedy, adequate
remedy
3. Agency or tribunal is performing judicial or
quasi-judicial functions
3. Prohibition, requisites
1. Lack of jurisdiction or grave abuse of discretion
amounting to lack or excess of jurisdiction
2. There is no other plain, speedy, adequate
remedy
3. Agency or tribunal is performing judicial or
quasi-judicial functions
4. Act to be enjoined is yet to be performed
4. Mandamus – duty of person whom
mandamus is directed is ministerial, not
discretionary
When Mandamus is not Proper:
a. To compel issuance of visa
b. To enforce contractual obligations
c. No clear legal and authorized right
d. To compel tax assessment not due
5. Declaratory Relief – filed in RTCs to
determine any question of construction or
validity arising from a right or duty
6. Habeas Corpus (in deportation cases)
7. Injunction as a Provisional Remedy
Preliminary Mandatory Injunction –
commands an act to be done for the purpose
of restoring a pre-existing right and to
prevent damage
8. Suit for Damages
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Administrative Enforcement includes:
o Focusing on public opinion
o Revocation
o Suspension
o Refusal to renew license
o Refusal to grant clearance paper
o Withholding or denying benefits
o Imposing conditions seizure and sale or
destruction of property
o Exclusion and deportation
o Imposition of collection of fines and penalties
o Summary enforcement without adjudication
Public Office – the right, authority and duty created
and conferred by law, by which an individual is
invested with some portion of the sovereign
functions of the government to be exercised by
him for the benefit of the public or the common
good; created by:
1. Offices created by the constitution
2. Statutory offices
3. Offices created by a validly delegated power.
Characteristics:
1. It is a public trust
2. Not a private property
3. Built and founded by the people
4. No vested right in public office or salary
Elements:
1. Created by constitution or by law or some
agency
2. Invested with authority to exercise some
power
3. Powers conferred and duties discharged are
defined or implied by the legislature
4. Duties are performed independently
5. Continuing and permanent
Public Officer – one who holds a public office;
elected or appointed (or by direct provision of
law), who exercises functions concerning the
public, assigned to him by law; performs public
duties as an employee, agent or subordinate
official
Kinds of Government Employees:
1. Career service
2. Non-career service
Modes of Acquiring Title to Public Office:
1. Appointment (nomination to an office)
2. Election (people vote to choose a person)
3. Designation (nomination to a specified office for
additional duties but in a temporary capacity)
4. Succession
5. Direct provision of law
Elements of a Valid Appointment:
1. Authority to appoint
2. Transmittal of Appointment paper
3. Vacant position (at time of appointment)
4. Acceptance of Appointment (by appointee
who possess all the qualifications and none of the
disqualifications)
Kinds of Vacancies:
1. Original (in an office created)
2. Constructive (incumbent has no legal right to the
office)
3. Accidental (death, resignation, abandonment)
4. Absolute (expiration of term)
Kinds of Appointment:
1. Permanent (all the requirements and eligibility)
2. Temporary (those without eligibility)
3. Provisional (not qualified in examination; abolished
by RA 6040)
4. Regular – made while congress is in session; takes
effect only after confirmation by Commission on
Appointments (CA)
5. Ad-interim – made while congress is not in
session; takes effect immediately, but ceases if
disapproved by the CA or upon next adjournment
of congress if the CA has not acted upon it.
Procedure for Appointment of those that require
confirmation by CA:
1. Nomination by the president
2. Confirmation by the CA
3. Issuance of commission
4. Acceptance by the appointee.
For ad-interim appointments, steps 1, 3 and 4
precedes step 2.
For appointments not requiring confirmation, step 2
is skipped.
Grounds for Recall of Appointment (by the CSC):
1. Non-compliance with procedure in merit
promotion
2. Failure to pass through selection board
3. Violation of existing agreement to
promotion
4. Violation of CSC rules and regulations
Term – fixed and definite period of time which a
person may hold an office
Tenure – period of actual holding of office
Voluntary Renunciation – loss of title to office by
conscious choice; not considered as
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 interruption in the continuity of service for
the full term of an elective official
Requirement for Public Office:
1. Eligibility – quality of being legally fit and
qualified
2. Qualification – the act which a person is
required to do
General Qualifications for Public Office:
1. Citizenship
2. Age
3. Residence
4. Education
5. Suffrage
6. Civil service examination
7. Ability to read and write
Inhibition – restraint upon the public officer against
the doing of certain acts which may legally be
done by others. E.g: holding of two or more
positions
Grounds for Disqualification to Public Office:
1. Mental or physical incapacity
2. Misconduct or commission of a crime
3. Impeachment
4. Removal or suspension from office
5. Exceeding the allowable number of
consecutive terms
6. Holding more than 1 offie (except ex officio)
7. Relationship with appointing power (nepotism)
8. Office newly created, or increased
emoluments (forbidden office)
9. Being an elective official
10. Losing candidate within 1 yr after the election
11. Grounds provided by the local government
code:
a. sentenced by final judgment for offense
involving moral turpitude
b. removed by an administrative case
c. violation of oath of allegiance to the Phil
d. dual citizens
e. fugitive from justice
f. permanent residents in a foreign country
g. insane or feeble-minded
Prohibitions for Public Officials and Employees:
1. Financial and material interest
2. Outside employment and activities
3. Engaging in the private practice of
profession
4. Recommending a person to any position in
any private enterprise which has official
transaction with their office
Other Prohibitions:
1. Solicitation of gifts
2. partisan political activities
(“electioneering”) (except by elective officials)
3. Strikes
4. Restriction in the practice of law
5. Practice of other professions
6. Private business
7. Accepting certain employment
Classification of Powers and Duties of Public
Officers:
1. From their nature
a. Ministerial (mere execution of a duty)
b. Discretionary
2. From obligation to perform powers
a. Mandatory
b. Permissive
3. From relationship of officer to his
subordinates
a. Power of control (lays down rules in the
doing of an act)
b. Power of supervision (oversight)
Rights and Privileges of Public Officers:
1. Office
2. Appointment
3. Compensation (basic pay or salary, excluding per
diems, bonuses, overtime pays, allowances)
4. Leaves
5. Insurance (GSIS)
6. Retirement pay (65 yrs, 15 yrs service, with last
3 continuous yrs)
7. Longevity pay
8. Pension
9. Self-organization (except members of AFP,
police, firemen, jail guards)
10. Protection of temporary employees (from
unlawful suspension or removal)
Rights under the Civil Service Law and the New
Administrative Code:
1. to preference in promotion
2. to present complaints and grievances
3. not to be suspended or dismissed except for
lawful cause and after due process
4. to organize
gratuity – a donation and act of pure liberality
pension – act of justice to provide compensation
(regular allowance) for services already
Command Responsibility Doctrine – the head of
office is not required to examine every single
detail of any transaction
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Purpose of Preventive Suspension: 4. Conviction of a crime
1. from using office to influence witness 5. Recall (by election of the people)
2. from tampering records
Impeachable Officers:
Periods of Preventive Suspension: 1. President
1. administrative cases: 2. Vice-president
a. civil service law – 90 days 3. Members of Supreme Court
b. local government code – 60 days 4. Members of Constitutional Commissions
for appointive officials; 60 or 90 5. Ombudsman
days for elective officials
c. ombudsman – 6 months Grounds for Impeachment:
2. for criminal case – 90 days 1. Culpable violation of the constitution
2. Treason
De Facto Doctrine – a person who is admitted and 3. Bribery
sworn into office is deemed to be rightfully in 4. Graft and corruption
such office until, by judicial declaration, ousted 5. Other high crimes
or declared void. 6. Betrayal pf public trust
7. (Quo Warranto)
De Facto Officer – performs duties under color of
title without being technically qualified; holding Effects of Pardon:
of office rests on reputation; may be ousted in a 1. Freedom from all penalties and legal
direct proceeding (quo warranto) disabilities, restoration of all civil rights
2. Restoration of eligibility for appointment
De Jure Officer – has lawful title to the office; 3. Removal of disqualification from holding
holding of office rests on right; cannot be public employment
removed through a direct proceeding 4. Does not extinguish civil liability

Quo Warranto – proceeding or writ issued by the
court to determine the right to 1) use an office
and to 2) oust the person holding or exercising
such office
Modes of Termination of Official Relations
A. Natural Causes
1. Expiration of term of office
2. Retirement
3. Death or permanent disability
B. Act or Neglect of Officer
1. Resignation
2. Acceptance of an incompatible or prohibited
office
3. Abandonment of office (voluntary
relinquishment of an office)
4. Prescription of right to office (without recovery
of office within 1 yr. after an illegal dismissal)
5. Failure to assume office
6. Filing of certificate of candidacy (by appointed
official, armed forces and GOCC officers)
C. Acts of the Government or the People
1. Removal (forcible and permanent separation)
2. Impeachment (method of national inquest into the
conduct of public men; extraordinary means of
removal exercised by the legislature over selected
officials to ensure the highest care in their
indictment, considering the degree or nature of the
offense and high status of the wrongdoer)
3. Abolition of Office
Civil Service Commission – the central personnel
agency of the government, classification:
1. Career service (entrance based on merit, fitness
and examinations; higher career positions;
security of tenure). includes:
1. open career positions
2. closed career positions
3. undersecretary, asst. sec, bureau director
4. foreign service officers
5. commissioned officers and enlisted men
of the armed forces
6. personnel of GOCCs
7. permanent laborers
2. Non-career service (entrance based on merit
and fitness; co-terminus with appointing
authority), includes:
1. elective officials
2. department heads and cabinet officials
3. chairmen and members of commissions
and boards
4. contractual personnel
5. emergency and seasonal personnel
Levels/Classes of Positions in the Career Service:
1st level: clerical, trades, crafts, custodial service
2nd level: professional, technical and scientific
positions
3rd level: career executive service

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Eligibility:
a. examinations given by the Civil Service
Commission and agencies
b. board and bar examinations
c. summa cum laude, magna cum laude, cum
laude
Kinds of Appointment in the Career Service:
1. Permanent – one who meets the
requirements and eligibility prescribed; lasts
until lawfully terminated
2. Temporary – one who meets all the
requirements except civil service eligibility;
shall not exceed 12 months
Status and Salaries of Career Executive Service
(CES) are based on their ranks and not on their jobs.
Personnel Actions (movement or progress of
personnel in civil service):
1. Appointment through certification
2. Promotion
3. Transfer
4. Reinstatement
5. Reemployment
6. Detail (from one agency to another)
7. Reassignment (one unit to another in same agency)
8. Demotion
9. Secondment
Disciplinary Actions (proceeding seeking to impose
disciplinary action based on the following grounds:
1. Dishonesty
2. Oppression
3. Neglect of duty
4. Misconduct
5. Disgraceful and immoral conduct
6. Discourtesy in the course of official duties
7. Inefficiency and incompetence in the
performance of official duties
8. Conviction of a crime involving moral
turpitude
9. being notoriously undesirable
10. falsification of official documents
11. habitual drunkenness
12. gambling
13. refusal to perform official duty or render
overtime service
14. physical or mental incapacity due to
immoral or vicious habits
15. willful refusal to pay just debts or willful
failure to pay taxes
EO 151 or the Presidential Commission Against
Graft and Corruption – has jurisdiction to
investigate all administrative complaints involving
graft and corruption filed against presidential
appointees
Ombudsman – has the constitutional power to
directly remove from government service an
erring public official other than a member of the
congress and the judiciary; administrative
proceedings for the purpose of protecting public
service require only substantial evidence as
quantum of proof.
Sandiganbayan – has exclusive jurisdiction over
presidents, directors, trustees, or managers of
GOCCs whenever charges of graft and corruption
are involved.
Appeal is available if penalty is:
1. demotion
2. dismissal
3. suspension of more than 30 days
4. fine of more than 30 days
Appeal in Not available if penalty is:
1. suspension of less than 30 days
2. fine of less than 30 days
3. censure
4. reprimand
5. admonition
6. when respondent is exonerated
Kinds of Terms:
1. term fixed by law
2. term dependent on good behavior until
reaching retirement age
3. indefinite term (terminates at the pleasure of
appointing authority)
Term Limits of Elective Officers:
1. President – 6 yrs without re-election
2. Vice-president – 6 yrs with 1 reelection if
consecutive
3. Senators – 6 yrs with one reelection if
consecutive
4. Representative – 3 yrs with 2 reelections if
consecutive
5. Local executive officials – 3 yrs with 2
reelections if consecutive, in the same position
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Rule 43 of 1997 Rules of Civil Procedure shall apply to appeals from judgments or final orders of the Court of
Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency
in the exercise of its quasi-judicial functions. Among these agencies are the
o Civil Service Commission o Department of Agrarian Reform under
o Central Board of Assessment Appeals Republic Act No. 6657
o Securities and Exchange Commission o Government Service Insurance System
o Office of the President o Employees Compensation Commission
o Land Registration Authority o Agricultural Invention Board
o Social Security Commission o Insurance Commission
o Civil Aeronautics Board, Bureau of Patents o Philippine Atomic Energy Commission
o Trademarks and Technology Transfer o Board of Investments
o National Electrification Administration o Construction Industry Arbitration
o Energy Regulatory Board Commission, and
o National Telecommunications Commission o voluntary arbitrators authorized by law.

CASES
(Administrative Law)

5. Lupangco

16. Euromed

13. Santos vs Go
Resolutions of the Secretary of Dept. of Justice is not appealable to the CA beacsue the DOJ is not a
judicial bpody (Rule 43 of the Rules of Court). SC said a preliminary investigation is not a quasi-judicial
proceeding. When the DOJ exercised review of a finding of a public prosecutor of an absence of a
probable cause on a case filed for estafa, it is not functioning as a quasi-judicial office. Hence, the
decision of DOJ is not appealable to the CA. The fiscal is not acting on a quasi-judicial function.

24. Holy Spirit Owners Association vs Defensor

Petition should be filed in the RTC and not directly to the SC because of the doctrine of hierarchy of
courts. The homeowners failed to show that the issue of the case is a matter of transcendental importance
(which is required for a case to be accepted directly by the SC.

14. Distileria Limtuaco vs Advertising Board of the Phil

Discussed difference between ministerial and discretionary functions. AdBoard is merely a private
organization and not an administrative agency; it does not exercise quasi-judicial or ministerial functions.
Remedy of prohibition will not lie in this case.

19. Orosa vs Roa

20. City Engr of Baguio vs Banigued

An exception to the doctrine of exhaustion of administrative remedies. Banigued was issued by the mayor
a notice of demolition. They resorted to the RTC for an injunction. The RTC dismissed because the
mayor thru the City Engr is exercising quasi-judicial function. The Banigueds should have exhausted
administrative appeals. In this case was enumerated 11 exceptions. This case cited no.4 and 6 exception.
There is an urgent need for judicial intervention, hence no need to exhaust administrative remedy.

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21. Valencia vs CA
He claims that a parcel of land was unjustly being taken from him because of the agrarian reform
program. DAR regional office dismissed Valencia’s protest. Then cases brought to Sec. Guingona who
affirmed the DAR decision and directed to CA who dismissed it. Then brought to SC under rule 45. The
decision of Sec. Guingona should have been appealed to the Office of the Pres. Only upon its denial can it
be brought to the CA.

22. Ongsuco and Salaya vs Hon. Malones

Issue of increasing rents in the stalls in a public market. The 10-day notice was not complied with before
a valid public hearing to increase the rents, violating a municipal ordinance. This is a question of law,
hence exhaustion of administrative remedies may not be applied, hence can be filed directly to the court

CASES
(Law on Public Officers)

31. Luego vs CSC

Mayor appointed for a permanent position somebody. Civil service can only review and approve but not
make appointments or interfere in the appointment. If qualifications are not met, they can only tell the
appointing authority to replace the appointee but it cannot itself make an appointment. It is neither
empowered to determine the kind of appointment.

56. Español vs CSC

Vacancy in the position of the regional manager of National Irrigation Administration. Espanol is next in
rank but another was appointed and insist promotional priority. NIA administrator said Bulseco has
factors better than Espanol. SC said that an employee that holds a next in rank position is not
automatically entitled to that position when it becomes vacant. Appointment is a discretionary power
performed by the appointing authority. Only condition is that the appointee should possess the
qualifications required by law.

Arias vs Sandiganbayan

Madreo vs Bayron
The SC abandons the Condonation Doctrine. Reelection can no longer had the effect of condoning the
offenses of an elective official during his previous tenure.

Carpio Morales vs CA and Binay

Pardon of GMA to ERAP

Letter of Mrs. Ma. Cristina Roco Corona

RA 9946
Distinction between Impeachment and Quo Warranto

Republic vs Serreno

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RA 8291 – Benefits of members of the Judiciary
Similarities of Impeachment and Quo Warranto