Lawyers Oath (7) I do solemnly swear that: 1. I will maintain allegiance to the republic of the Philippines 2.

I will support its constitution, obey the laws and the lawful orders of the duly constitutued authorities therein. 3. I will do no falsehood nor consent to the doing of any in court. 4. I will not wittingly or willingly promote or sue and groundless, false or unlawful suit nor give aid or consent to the same. 5. I will delay no man for money or malice 6. I will conduct myself as a lawyer to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients 7. I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion . Scope of Admin Law (8) 1. 2. 3. 4. 5. 6. 7. 8. Fixes the ADMINISTRATIVE STRUCTURE and ORGANZIATION of the government Execution and enforcement of which is entrusted to the administrativeauthorities Governs public officers Creates administrative agencies, defines their powers and functions, prescrives their procedure including the adjudication or settlement involving private interests Provides remedies whether administrative or judicial available to those aggrieved by administrative actions and decisions Governs judicial review of or relief against administrative acts or decisions Rules, regulations, orders and decisions of administrative authorities dealing with the enforcement of law entrusted to them. Body of judicial decisions and doctrines which involves any of the above

Classification of ADMIN LAW As to source a) Law that CONTROLS ADMIN AUTHORITIES b) Law that is MADE by ADMIN AUTHROITIES As to purpose a) Substantive b) Procedural Applicability a) General b) Specific

Characteristics of Administrative Law (4)

responsibility as to results size specifications variety of admin duties

Types of delegation and function of authority (4) internal management dispose of routine matters settle matters informally or initiate formal proceedings conduct and facilitate formal proceedings

Common types and examples (6) government offering gratuity, grant or privilege- GSIS seeking to carry on functions of government- BIR performing some business for the public- PNR regulating businesses affecting public interest- HLURB under police poiwer to regulate business and individuals- MTRCB adjusting individual controversies because of some strong social policy

Nature of powers (3) jurisdiction is limited powers within jurisdiction is broad powers subject to the CONSTITUTION, APPLICABLE LAWS, ADMIN REGULATION

Classification of POWERS of ADMIN AGENCIES (5) As to nature (3) a) Investigative b) Rule making c) Adjudicatory As to degree of subjective choice (2) a) Discretionary b) Ministerial

Scope Extent of Investigative Powers (8) Initiation of investigation Conduct of investigation Examination and inspection Requirements as to accounts, records, reports, statements (ARRS)

Requiring of attendance, giving of testimony, production of evidence (attendance, testimony, evidence) Hearing Contempt proceedings Application of technical rules and procedure

2 conditions that must concur in RULE MAKING POWERS Statute is complete in itself Statute fixes a standard

Limitations on RULE MAKING POWER (4) Not inconsistent with the CONSITUTION or the STAUTUTE Shall not Amend, Alter, Enlarge, Expand, Limit, Modify Restrict, Supplany provisions or coverage of statute In case of discrepancy and a regulation or rule, BASIC LAW prevails Should be UNIFORM, REASONABLE and not UNFAIR or DISCRIMINATORY (UR, UD)

Kinds of RULE MAKING POWER (3) Detailed Interpretive Contingent

Two identifying characteristics of legislative rules and regulations STATUTE has delegated power to the agency adopt the rule RULE HAS authoritative force

Requisites for VALIDITY of ADMIN RULES and REGULATIONS (5) Issued on the authority of law Promulgated in accordance with prescribed procedure Not contrary to law or constitution In certain cases, publication, hearing, notice is necessary Published in full if purpose is to enforce or implement existing law

QUESTIONS to the test of validity of LEGISLATIVE RULE (3) Related to subject matter? Conforms to standards prescribed Invalid on constitutional grounds such as due process

TESTS applied in determining VALIDITY of RULES

INVALID (EC) a) Exceeds authority conferred b) Conflicts with governing statute VOID (ER) a) Extends or modifies statute b) No reasonable relationship with statutory purpose RULES are set aside if deemed, UNCONSTITUIONAL, ARBITRARY, UNREASONABLE

Requisites for VALIDITY of ADMIN RULES and REGULATIONS with PENAL SANCTIONS (4) Law authorizing promulgation of rules and regulations provide for imposition of a penalty for their violation Law must FIX or DEFINE such penalty Violation must be made a crime under the law PUBLISHED in OG

Examples of administrative acts (13) Auditing Determination of the CSC in grading positions Passing upon petition to call an election Function of draft boards Correctness of tax return Parole of prisoners Transfer of prisoners Nuisance Taking over banks Violation of collective bargaining

Classification of ADJUDICATORY POWERS Enabling Equitable Directing Dispensing Summary

CONDITIONS for VALID DELEGATION of LEGISLATIVE PIOWER Complete in itself Sufficient standard

PERMISSIBLE DELEGATION (8)

Times of war Tariff rates, export quotas, wharfage dues Initiative and referendum LGC LGU power to create sources of revenues No alteration creation abolishment of province city, municipality Autonomous region Legislative powers of AUTONOMOUS REGIONS

ADMIN PROCEEDINGS CHARACTER of admin proceedings (4) Adversary Judicial (quasi) Civil Not an action at law

ADMIN DUE PROCESS REQUISITES Notice of the institution of proceedings Reasonable opportunity to appear personally or with assistance of counsel Tribunal vested with competent jurisdiction Finding or decision by the tribunal with substantial evidence

SCOPE of RIGHT TO HEARING (4) Present case, submit evidence Know, meet claims of opposing party Cross examination Submit, rebut evidence

Grounds to modify admin decisions Fraud Inadvertence Meet changed conditions Mistake Newly discovered evidence Surprise

RES JUDICATA Final judgment

Jurisdiction of court or tribunal Identity of PARTIES, SUBJECT MATTER, CAUSE of ACTION

Contents of Petition for Review Full names of parties to the case Concise statement of facts and issues and ground relied upon Accompanied by a clearly legible duplicate original or a certified true copy of he award, judgment, final order or resolution appealed from All the specific material dates showing that it was filed within the reglementary period Sworn certification against forum shopping

Grounds for reversal of Admin Findings Conclusion is a finding grounded on speculation, surmises and conjectures Inferences made are manifestly mistakn, absurd ir impossible GAD Judgment based on misapprehension of facts or the finding of facts are conflicting Agency or CA overlooked certain facts of substanceand value which if considered, would affect the result of the case Agency in arriving at its findings went beyond the issues of the case Findings are conclusions without citations of specific evidence Findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record Facts set forth in the petition arent disputed by respondent Agency has sustained irregular procedures and has affirmed an order which tolerates violation of due process Rights of a party were prejudiced because of the admin findings, conclusions or decisions were in violation of constitutional provisions, in excess of statutory authority of jurisdiction, made upon irrefular procedure

Susbtantial evidence not required Statute provides for a trial de novo Stgatute has a specified standard of proof required fro admin determination Suit isnt for review of the adin order and is independent of the proceedings in which the admin ruling under attack was rendered Constitutional or jurisidictional facts are involved Property rights rather than privileges are involved