Obligations (Oath) (1-7) Nature and purpose of public offices (77-78)

1. Maintain allegiance to the Republic of the Philippines; Public offices are created for affecting the end of which
2. Support its Constitution and obey the laws as well as the legal orders
government has been instituted, which is the common good
of the duly constituted authorities therein;
3. Do no falsehood nor consent to the doing of any in court; A public office is a public trust created in the interest and for
4. Not wittingly or willingly promote or sue any groundless, false or the benefit of the people, and belongs to them.
unlawful suit, or give aid nor consent to the same;
5. Delay no man for money or malice, and
6. Conduct myself as a lawyer according to the best of my knowledge
and discretion, with all good fidelity as well to the
court as to my clients; and
7. I impose upon myself these voluntary obligations without any mental
reservation or purpose of evasion. So help me God.

Main characteristics of admin agencies (8-11) Essential elements of a public office (79-83)

Size Created by the Constitution or by law or by some body or agency to

which the power to create the office has been delegated
Specialization
Invested with an authority to exercise some portion of the sovereign
Responsibility as to results power of the State to be exercised for public interest; Powers and
Variety of administrative duties functions are defined by the Constitution, or by law, or through
legislative authority;
Continuing and permanent in nature and not occasional or intermittent
Duties pertaining thereto are performed independently, without control of
a superior power other than law, unless they are those of an inferior or
subordinate officer

Necessary delegation (12-15) Nature of right to public office (84-85)

Delegation of Internal management

Delegation of authority to dispose of routine matters
Delegation of authority to dispose of matters informally or to initiate
formal proceedings
Delegation of authority and function to conduct formal proceedings

Nature of powers of admin agencies (16-18) Five grounds for disqualification to hold public office (86-90)

Jurisdiction is limited Under the LGC

a. Sentenced by final judgment for crimes involving moral turpitude punishable by 1
Powers within their jurisdiction broad or more years of imprisonment,
Powers subject to the Constitution, applicable law or within 2 years after serving sentence
b. Removed from office as a result of an administrative
administrative regulation charge
c. Fugitive from justice in criminal or non- political cases here
or abroad
d. Permanent residents of foreign countries
e. Insane or feeble- minded
f. Dual citizenship
g. Convicted by final judgment for violating oath of allegiance
to the Philippines
Consecutive terms
Candidate for elective office
Holds more than 1 office
Impeachment
Removal/ suspension from office
Relationship with the appointing power
Previous tenure of office
Misconduct or crime
Mental/ physical incapacity
Elective official
Office newly created or the emoluments of which have been increased

Classification of powers of admin agencies (19-21) LGC Disqualified Persons (91-97)

Investigatory powers Sec. 40. Disqualifications. – The following persons are disqualified from
running for any elective local position:
Rule- making powers
(a) Those sentenced by final judgment for an offense involving moral
Adjudicatory powers turpitude or for an offense punishable by one (1) year or more of
imprisonment, within two (2) years after serving sentence;
(b) Those removed from office as a result of an administrative case;
(c) Those convicted by final judgment for violating the oath of allegiance
to the Republic;
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or non[-]political cases here or
abroad;
(f) Permanent residents in a foreign country or those who have acquired
the right to reside abroad and continue to avail of the same right after
the effectivity of this Code; and
(g) The insane or feeble-minded.
Two conditions (Exception to rule on non-delegation (22-23)
The statute is complete in itself, setting forth the policy to be executed
by the agency
The statute fixes a standard, mapping out the boundaries of the
agency’s authority to which it must conform.
Limitations on rule-making power (24-27)
May not be used to abridge the authority given by Congress or the
Constitution or to enlarge its power beyond the scope intended.
May not by its rules and regulation, amend, alter, modify, supplant,
enlarge or limit the terms of the statute.
In case of discrepancy between the basic law and an implementing law,
basic law prevails
A rule or regulation should be uniform in operation, reasonable and not
unfair or discriminatory.
Two identifying characteristics of legislative rules (28-29)
The statute has delegated power to the agency to adopt the rule; and
It provides that the rule shall, if within the delegated power, have
authoritative force
Requisites for validity of admin rules (30-34)
The rules and regulations must have been issued on the authority of law
Must not be contrary to law and the Constitution
Previous notice or hearing
Publication may be necessary to satisfy the requirement of due process
Must be promulgated in accordance with the prescribed procedure.
Questions to be examined (35-37)
Whether the rule relates to the subject matter on which power to
legislate has been delegated
Whether the rule conforms to the standards prescribed in the delegatory
statute
Whether the rule is invalid on constitutional grounds such as due
process
Tests to be applied in determining (38-42)
A rule is invalid if it exceeds the authority conferred to it
A rule is invalid if it conflicts with the governing statute
A rule is void if it extends or modifies the statute
A rule is void if it has no reasonable relationship to the statutory purpose
Courts will set aside rules deemed to be unconstitutional or arbitrary or
unreasonable
Requisites for validity of admin rules w penal sanction (43-46)
The law which authorizes the promulgation of rules and regulations
must itself provide for the imposition of a penalty for their violation;
It must fix or define such penalty;
The violation for which the rules and regulations impose a penalty must
be punishable or made a crime under the law itself
The rules and regulations must be published in the Official Gazette
Gerochi (47-48) (pls double check if same as 22-23)
Complete in itself
Sufficient standard
Steps in appointing process (98-100)
Nomination
Confirmation
Issuance of Commission
Career service Characteristics (101-103)
Non-career service Characteristics (104-105)
Requirements to become De Jure officer (106-108)
Possess the legal qualifications for the office in question
Lawfully chosen to such office; and
Have qualified himself to perform the duties of such office
according to the mode prescribed by the Constitution or law
Elements of de facto officership (109-110)
There must be a de jure office.
There must be a color of right or general acquiescence by the public
There must be actual physical possession of the office in good faith
Norms of Conduct of Public Officials (112-119)
Commitment to public interest.
Professionalism.
Justness and sincerity.
Political neutrality.
Responsiveness to the public.
Nationalism and patriotism.
Commitment to democracy.
Simple living.
Three-fold responsiblity (120-122)
if the individual is damaged by such violation, the official shall, in some
cases, be held liable civilly to reimburse the injured party
if the law has attached a penal sanction, the officer may be punished
criminally
if the administration’s disciplinary power is strong, such violation may
lead to imposition of fine, reprimand, suspension, or removal from office,
as the case may be
Liability of superior for acts of subordinates (123-127)
Where, being charged with the duty or employing or retaining his
subordinates, he negligently or willfully employs or retains unfit or
improper persons.
Where, being charged with the duty to see that they are appointed
orqualified in a proper name, he negligently or wilfully fails to require
them the due conformity to the prescribed regulations
Where he so carelessly or negligently oversees, conducts or carries on
the business of his office as to furnish the opportunity
for the default
A fortiori, where he has directed, authorized or cooperated in
the wrong
Where liability is expressly provided in the statute
Echegaray (49-53)
System of initiative & referendum (Sec.32,art.VI)
Local government code (Sec. 3, Art. X)
Times of war or other national emergency (Sec 23, art.VI)
Creation of autonomous region (Sec. 18, Art. X)
Legislative powers of the autonomous regions (Sec. 20, Art. X)
Character of admin proceedings (54-57)
Adversary in nature
Quasi- judicial or judicial in nature
Civil, not criminal, in nature
Not an action at law, nor is it a litigation between private parties
Requisites of admin due process (58-61)
Right to notice of the institution of the proceedings that may affect a
person’s legal right;
Reasonable opportunity to appear and defend his rights & introduce
witnesses & relevant evidence in his favor, and to controvert evidence of
other party
A tribunal vested with competent jurisdiction, so constituted as to give
him reasonable assurance of honesty and impartiality
A finding/ decision by that tribunal supported by substantial evidence
presented at the hearing or at least ascertained in the records or
disclosed to the parties affected
Elements of right to an admin hearing (62-65)
To present his case or defense, and submit evidence in support
thereof
To know the claims of the opposing party and to meet them
To cross- examine witnesses for a full and true disclosure of
the facts
To submit rebuttal evidence
Grounds for admin authorities (66-71)
Civil code (liabilities) (128-130)
Article 32. Any public officer or employee, or any private individual, who directly or
indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be liable to the latter for
damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and effects against
unreasonable searches and seizures; (10) The liberty of abode and of changing the
same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies for purposes not
contrary to law;
(13) The right to take part in a peaceable assembly to petition the Government for
redress of grievances;
(14) The right to be a free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be informed of
the nature and cause of the accusation against him, to have a speedy and public
trial, to meet the witnesses face to face, and to have compulsory process to secure
the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against one's self, or from being
forced to confess guilt, or from being induced by a promise of immunity or reward to
make such confession, except when the person confessing becomes a State
witness;
(18) Freedom from excessive fines, or cruel and unusual punishment, unless the
same is imposed or inflicted in accordance with a statute which has not been
judicially declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the defendant's act or
omission constitutes a criminal offense, the aggrieved party has a right to
commence an entirely separate and distinct civil action for damages, and for other
relief. Such civil action shall proceed independently of any criminal prosecution (if
the latter be instituted), and may be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be
adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or
omission constitutes a violation of the Penal Code or other penal statute.
RPC (131-135)
Five modes of termination (136-140)
Exceptions to the rule on holding incompatible offices (141-144)
Power of Removal by the President (145-149)
Fraud of imposition
Mistake
Surprise
Inadvertence
Newly discovered evidence
To meet changed conditions

Five grounds (Reversal) (72-76)

Judgment is based on misapprehension of facts or the findings of facts are conflicting

Agency sustained irregular procedures and through the invocation of summary methods, including rules on appeal, has affirmed
an order which tolerates a violation of due process
Agency/ CA overlooked certain facts of substance and value which if considered would affect the result of the case or justify a
different conclusion
Agency went beyond the issues of the case and he same are contrary to the admissions of the parties or the evidence presented
The conclusion is a finding grounded on speculations, surmises and conjectures
The findings are conclusions without citation of specific evidence on which they are based
The findings of facts are premised on the supposed absence of evidence and contradicted by the evidence on record
Facts set forth in the petition as well as the petitioner’s main and reply briefs are not disputed by the respondent
Rights of the parties were prejudiced
Inferences are manifestly mistaken, absurd or impossible
There is a grave abuse of discretion