PA 105 Administrative Law Midterms Reviewer PDF

PA 105 - Administrative Law Midterms Reviewer Aldous Noel Demafeliz I. Preliminary Considerations nation, it is deemed written in every Law - act passed by Congress (in statute and contract. simplest terms) Policy - pronou...

PA 105 - Administrative Law Midterms Reviewer Aldous Noel Demafeliz I. Preliminary Considerations nation, it is deemed written in every Law - act passed by Congress (in statute and contract. simplest terms) Policy - pronouncement/ course of action B. The Set-up of Government under the of the government chooses to do or not Constitution to do; pronouncement of president, Law is a policy. Policy is not necessarily a Sec. 1, Art. II law. Policy is bigger than law but policy is The Philippines is a democratic and measured by law because everything republican state, a redundancy that is must be valid. necessary for the constitution to specify Policies are more encompassing in that both direct democracy and indirect sense democracy. Policy must be aligned/ consistent with law. Democratic and Republican - It is indeed All acts of government must be aligned a redundancy, but this is a necessary with the case. redundancy II. Constitutional Concepts and Principles Republican except from initiative and A. Concept and Nature of the Constitution referendum which is a form of direct democracy. Province of North Cotabato vs. Government, G.R. No. 183591, (2008). Read only the Separate Sec. 1, Art. VI; Sec. 1, Art. VII; Sec. 1, Art. VIII; Concurring Opinion of Puno, C.J. Sec. 1, Art. IX-A; Sec. 1, Art. X; Sec. 5, Art. XI, Constitution Constitution is the ‘Compact of the People’ as explained by the Social Legislative (make): Senate (24) and House of Contract Theory. Representatives (it depends). Congress Non-derogability of the Social Contract. importance is on: Tawang Multi-Purpose Cooperative vs. La (a) Oversight and scrutiny manifested by: Trinidad Water District, G.R. No. 166471 (1) appropriations (2011) (2) confirmation of appointment (3) question hour (executive appear in The doctrine of constitutional Congress to raise an issue) supremacy - if a law or contract violates (b) Congressional investigation any norm of the constitution that law or (c) Legislative supervision contract whether promulgated by the legislative or by the executive branch or Executive (implement): President entered into by private persons for private purposes is null and void and Judiciary (interpret): 1 (chief justice)+14 (associate without any force and effect. Thus, since justices) the Constitution is the fundamental, paramount, and supreme law of the Sec. 2(1), Introductory Provisions, Ombudsman vs. Duterte, G.R. No. 19834 (2023) Administrative Code Presidential immunity is not absolute and Government of the Republic of the explains the privilege of immunity does Philippines (GRP) refers to the corporate not do away with our fundamental ideal governmental entity through which the of accountability from public officers functions of government are exercised (Estrada v Desierto). The immunity only throughout the Philippines, including, covers liability from suit to free the save as the contrary appears from the President from any hindrance that may context, the various arms through which cause an inability to perform his or her political authority is made effective in the functions and to protect the dignity of Philippines, whether pertaining to the the office… autonomous regions, the provincial, city, municipal or barangay subdivisions or The mandate of the Office of the Solicitor other forms of local government. General represents the Republic. It is not, and has never been, intended to Constitution VS Contract be the personal counsel of the The constitution is a contract, but there is a President. distinction. The Office of the Ombudsman, as an Consent in a contract is between parties independent constitutional body, and as involved. Consent in a constitution is “the champion of the people and the between the whole polity or the nation preserver of the integrity of public (even generations not yet born). service” may investigate and prosecute cases of all public officers, including the Consideration in a contract is whatever President. motivated you (may be money or interest) in entering the contract. Re: Letter-Complaint against J. Pizarro, A.M. Consideration in a constitution is the No. 17-11-06-CA (2018) kind of governing or government. Justice Pizarro is covered by the term Term in a contract is fixed/definite. Term "government official connected directly with the in a constitution is no fixed time unless operation of the government." Indeed, one of the abrogated (meaning it has some degree functions of the government, through the of permanence.) Judiciary, is the administration of justice within its territorial jurisdiction. Justice Pizarro, as a Scope in a contract are just the parties. magistrate of the CA, is a government official Scope in a constitution is the nation, the directly involved in the administration of justice; state, and the country. and in the performance of such function, he exercises discretion. The Constitution is paramount, a "government official connected directly fundamental, impervious, and absolute. to the operation of the government or any of its agencies" is a government  officer who performs the functions of the III. The Public Office government on his own judgment or discretion. A. Definition, Purpose, and Nature C. Separation of Powers Sec. 1, Art II Angara vs. Electoral Commission, G.R. No. The Philippines is a democratic and republican L-45081 (1936) State. Sovereignty resides in the people and all government authority emanates from them The separation of powers is a fundamental principle in our system of Sec. 1 Art. XI, Constitution government. It obtains not through Public office is a public trust. Public officers and express provision but by actual division employees must at all times be accountable to in our Constitution. the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act Macalintal vs. COMELEC, G.R. No. 157013 with patriotism and justice, and lead modest (2003). Read only the Concurring and lives. Dissenting Opinion of Puno, J. Sec. 2 (9), Introductory Provisions, Separation of powers (1) allows the Administrative Code “blending” of some of the executive, legislative, or judicial powers in one Office refers, within the framework of body; (2) does not prevent one branch of governmental organization, to any major government from inquiring into the functional unit of a department or bureau affairs of the other branches to maintain including regional offices. It may also refer to any the balance of power; (3) but ensures position held or occupied by individual persons, that there is no encroachment on whose functions are defined by law or regulation. matters within the exclusive jurisdiction of the other branches. An office is not just an agency or unit but also means any position in the (1) Non-encroachment government held by an individual. A (2) Checks & Balance mean that one position is an aggregation of functions branch can inquire on the doings of each that you have to perform. other. (3) Blending of powers Fernandez vs. Sto. Tomas, G.R. No. 116418 (1995) Blending of powers - The general rule is The term "public office" is frequently the separation of powers, the exception used to refer to the right, authority and is the blending of powers. For instance, duty, created and conferred by law, by when the President approves a bill from which, for a given period either fixed by Congress then there is a blending of law or enduring at the pleasure of the Executive and Legislative powers, but creating power, an individual is invested when the President vetoes a bill from with some portion of the sovereign Congress then there are checks and functions of government, to be exercised balances. by that individual for the benefit of the public. ELEMENTS OF PUBLIC OFFICE (PSTIP) NOTIONS OF PUBLIC OFFICE Prerogative 1. Servants of the People/ Civil Service ○ Right - granted by law - master = people ○ Authority - servant = public officer ○ Duty - Obligation; Duty - you will follow what the public says Source ○ Conferred or Created by Law 2. Trust Time - trustor = people ○ Period fixed by law; has - trustee = public officer duration/ term - beneficiary = people Investment - trust is given to the trustee. there is still a ○ Invested with sovereign function following to the principal but there is a (executive, legislative, or judicial) transfer of the title and the principal Purpose manages it. ○ For the benefit of the public 3. Agency Laurel vs. Desierto, 381 SCRA 48 (2002) - principal = people - agent = public officer Issue: Whether or not Laurel is a public - It is still the agent who holds the title to officer. Laurel’s arguments: ExpoCorp is a the property private corporation; NCC is not a public office; Laurel does not receive B. Creation compensation. Secretary of DOTC vs. Mabalot, G.R. No. The salary is just a mere incident of the 138200 (2002) office - Salary is a usual but not a necessary element of a public office. it is 3 WAYS TO CREATE PUBLIC OFFICE not part of the public office (it may be 1. By Constitution (e.g. Office of House, there or not) ex. presidential advisers, Office of Senate President, Supreme honorary consuls, and other honorary Court, Ombudsman, NEDA) offices. 2. By Law (BSP, LTO, LTFRB, etc.) 3. By Authority of Law - one created the Abeja vs. Tañada, G.R. No. 112283 (1994) office is authorized by law, e.g. thru executive orders (e.g. DOTR Regional On whether or not the wife can Offices) substitute herself in the protest, it is not inherited. C. The Public Officer Public office is personal to the Sec. 2 (b), RA 3019 incumbent - when the incumbent dies or “Public officer" includes elective and leaves office, it is not passed on to the appointive officials and employees, heir, unlike property. permanent or temporary, whether in the classified or unclassified or exempt Public office is not a personal right. service (now career or non-career) When you die, you forfeit your right to receiving compensation, even nominal hold public office. (in name only, honorary, even just one  peso compensation), from the Flores vs. Drilon, G.R. No. 104732 (1993) government as defined in the preceding Issue: The mayor of the City of Olongapo subparagraph. shall be appointed as the chairman and chief executive officer of the Subic Sec. 2 (14), (15), Introductory Provisions, Authority. Administrative Code No elective official shall be eligible for appointment or designation in any Officer - exercises discretion or capacity to any public office or position judgment on behalf of the office. Those during his tenure. who have authority to do a particular act Exceptions: on behalf of government function. An 1. President as Chair of NEDA “employee” is a person in the service of 2. Vice President as Cabinet the government and its instrumentalities. Member The employer is the government of the 3. A Member of Congress in the Republic of the Philippines. Judicial Bar Council (only 1 either from HRep OR Senate) First, in the limited sense, one who uses discretion - focuses on rank/ status; 2. By Election Second, it is more encompassing as it includes all government employees as 3. By Succession officers because they have authority. 4. By Operation of Law D. Modes of Acquiring Title to Office E. Powers, Rights and Duties of Public Officers 1. By Appointment 1. Powers Secs. 2 (1), (2) Art. IX-B, Constitution Appointments in the civil service shall be Villegas v. Subido, L-26534 (1969) made only according to merit and fitness to be determined, as far as practicable, expressed powers - powers that are and, except to positions which are granted by law; ex. civil service power to policy-determining, primarily confidential, recruit or highly technical, by competitive examination. implied powers - suggestion from the expressed powers; ex. powers to It is an absolute rule that all need merit establish the procedures for recruitment and fitness Examples: The exception only applies to Expressed power: to legislate policy-determining (cabinet members, Implied power: to review and amend heads of bureaus), primarily confidential existing laws; (secretaries, chief of staffs, drivers), or highly technical (lawyers, chemists, Expressed power: to interpret laws engineers) positions which needs Implied power: accept or dismiss cases; competitive examination (on top of merit power to resolve disputes and fitness).  Attrition is then a valid cause 2. Rights provided by law. a. Security of Tenure b. Self-Organization Sec. 2(3), Art. IX-B; No officer or employee of the civil Sec. 8, Art. III service shall be removed or suspended The right of the people, including those except for cause provided by law. employed in the public and private sectors, to form unions, associations, or Government employees are societies for purposes not contrary to protected from the whims and law shall not be abridged. caprices of the people in power; to be isolated from politics. Sec. 3, 2nd pa., Art. XIII It shall guarantee the rights of all workers Sec. 3, 2nd pa., Art. XIII, Constitution to self-organization, collective bargaining It shall guarantee the rights of all workers and negotiations, and peaceful to self-organization, collective bargaining concerted activities, including the right to and negotiations, and peaceful strike in accordance with law. They shall concerted activities, including the right to be entitled to security of tenure, humane strike in accordance with law. They shall conditions of work, and a living wage. be entitled to security of tenure, humane They shall also participate in policy and conditions of work, and a living wage. decision-making processes affecting They shall also participate in policy and their rights and benefits as may be decision-making processes affecting provided by law. their rights and benefits as may be provided by law. Sec. 2(5), Art. IX-B The right to self-organization shall not be BOCEA vs. Teves, G.R. No. 181704 denied to government employees (2011) TUPAS vs. NHA, G.R. No. L-49677 Issue: Attrition Act where gov’t (1989) employees of revenue-earning Only GOCCs that have original agencies who do not meet charters are part of the civil revenue targets can be moved service. to another office or be fired. GSIS vs. Kapisanan, G.R. No. 170132 Ruling: Constitutional because (2006) there is no violation of due Issue: Government employees process, equal protection of do not have an approved leave laws, and security of tenure. in their concerted mass action Ruling: Civil Service rules Attrition is the reduction of the encompass Kapisanan therefore workforce that may be natural. barring them from rallying. Quota-dependent change of “In accordance with the law” - it positions of the BIR with can regulate the right to strike incentives and disincentives.  Davao City Water District vs. Aranjuez, c. Submit SALN G.R. No. 194192 (2015) Issue: Workers wore T-Shirts Sec. 17, Art. XI, Constitution printed with their grievances A public officer or employee shall, upon during office hours. assumption of office and as often Ruling: Only those concerted thereafter as may be required by law, mass actions that result in work submit a declaration under oath of his stoppage are prohibited. assets, liabilities, and net worth. In the A mass action must not result case of the President, the in a work stoppage. High value Vice-President, the Members of the to the delivery of public services. Cabinet, the Congress, the Supreme Court, the Constitutional Commissions, 3. Duties and other constitutional offices, and a. Hold Office as Public Trust officers of the Armed Forces with general or flag rank, the declaration shall Sec. 1, Art. XI, Constitution be disclosed to the public in the manner provided by law. Public office is a public trust. Public officers and employees must at all times F. Prohibitions be accountable to the people, serve them with utmost responsibility, integrity, 1. Multiple Positions loyalty, and efficiency, act with patriotism and justice, and lead modest lives. Sec. 7, Art. IX-B, Constitution No elective official shall be eligible for b. Owe Allegiance to the State and the appointment or designation in any capacity to Constitution any public office or position during his tenure. Unless otherwise allowed by law or by the Sec. 4, Art. IX-B, Constitution primary functions of his position, no appointive All public officers and employees shall official shall hold any other office or employment take an oath or affirmation to uphold and in the Government or any subdivision, agency or defend this Constitution instrumentality thereof, including government-owned or controlled corporations or Sec. 18, Art. XI, Constitution their subsidiaries. Public officers and employees owe the State and this Constitution allegiance at 1st pa., Sec. 13, Art. VII, Constitution all times, and any public officer or The President, Vice-President, the Members of employee who seeks to change his the Cabinet, and their deputies or assistants shall citizenship or acquire the status of an not, unless otherwise provided in this immigrant of another country during his Constitution, hold any other office or tenure shall be dealt with by law employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including  government-owned or controlled corporations or Sec. 94(b), Local Government Code their subsidiaries. They shall strictly avoid conflict Except for losing candidates in Barangay of interest in the conduct of their office. The elections, no candidate who lost in any election spouse and relatives by consanguinity or affinity shall, within one (1) year after such election, be within the fourth civil degree of the President appointed to any office in the government or any shall not during his tenure be appointed as government-owned or -controlled corporations members of the Constitutional Commissions, or or in any of their subsidiaries. the Office of the Ombudsman, or as Secretaries, Constitution only bars partisan Undersecretaries, chairmen or heads of bureaus candidates and barangay candidates are or offices, including government-owned or assumed to be non-partisan. controlled corporations and their subsidiaries. 3. Nepotism Multiple Positions 2nd. pa., Sec. 13, Art. VII, Constitution Appointive The spouse and relatives by consanguinity or Elective affinity within the fourth civil degree of the Cabinet Others President shall not, during his tenure, be Rule X X X appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, Except Constitution: Constitution: 1.) By law or as Secretaries, Undersecretaries, chairmen or President Secretary 2.) By primary as Chair of Justice function of heads of bureaus or offices, including of NEDA in the JBC office (ex government-owned or controlled corporations VP as officio) and their subsidiaries. Cabinet Member Member Sec. 59, Book V, Administrative Code of Nepotism — (1) All appointments in the national, Congress provincial, city and municipal governments or in in the JBC any branch or instrumentality thereof, including government-owned or controlled corporations, 2. Appointment of Losing Candidates made in favor of a relative of the appointing or recommending authority, or of the chief of the Sec. 6, Art. IX-B, Constitution bureau or office, or of the persons exercising No candidate who has lost in any election shall, immediate supervision over him, are hereby within one year after such election, be appointed prohibited. As used in this Section the word to any office in the Government or any "relative" and members of the family referred to government-owned or controlled corporations or are those related within the third degree either of in any of their subsidiaries. consanguinity or of affinity. Losing candidates cannot be appointed Sec. 79, Local Government Code to prevent the President or the Limitation on Appointments. - No person shall be appointing powers from distributing the appointed in the career service of the local spoils government if he is related within the fourth civil degree of consanguinity or affinity to the appointing or recommending authority.  Issue: Whether or not the CA erred when Nepotic Appointments it ruled that the appointment of Consti Presidential relative to 4th degree respondent Cortes as IO V in the CHR is of consanguinity or affinity not covered by the prohibition against nepotism. Admin 3rd degree of consaguinity or Commissioner Mallari's abstention from Code affinity of the appointing/ recommending/ supervision voting did not cure the nepotistic powers character of the appointment because the evil sought to be avoided by the Except: Physicians, Teachers, prohibition still exists. Army, Confidential Positions 4. Additional, Double, Indirect Compensation LGC 4th degree of consanguinity or affinity of the appointing or recommending power to career Sec. 8, Art. IX-B positions No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically *Prohibitions on nepotic appointments include authorized by law, nor accept without the promotional appointments consent of the Congress, any present, emolument, office, or title of any kind from any Debulgado vs. CSC, 237 SCRA 184 (1994) foreign government. Although deserving, the court still did not allow the appointment of the wife Pensions or gratuities shall not be because of the law. considered as additional, double, or indirect compensation. (examples of indirect compensation CSC vs. Cortes, G.R. No. 200103 (2014)