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COURSE OUTLINE IN ADMINISTRATIVE LAW,

LAW ON PUBLIC OFFICERS & ELECTION LAW


(Every Wednesday, 4:30 pm 7:30 pm)

A. Classroom rules:
1. Attendance will be checked at the beginning of every meeting.
2. Recitation will be conducted every meeting. Students are expected,
therefore, to come to class prepared and to have read the materials
scheduled to be covered during the meeting. When a student is
reciting, the rest of the class is expected to listen to him. Students are
encouraged to participate in the discussion by asking questions.
3. A student who is called to recite is expected to close his book
during his recitation.
3. Electronic gadgets are not prohibited during class hours. A student
is expected, however, to turn off his mobile phone or to put it on silent
mode as soon as he steps into the classroom. If the student expects a
call during the meeting, he can take the call by discretely leaving the
classroom.

Laptops, tablets, and other similar electronic devices, are not, likewise,
prohibited but the students who are called to recite should close these
electronic devices for the duration of their recitation. The same rule
applies to mobile phones that serve as data storage.

4. Any student may discretely leave the classroom if and when


absolutely necessary. When a student is not in the classroom when
called for recitation, he will be given a grade of 5.

B. Bases for student evaluation at the end of the semester:


Recitation - 20%
Prelim & Mid-Term Exams - 30%
Final Exam - 50%

No grade of 4.
PART I

ADMINISTRATIVE LAW

I. Introduction

Neptali Gonzales, Administrative Law, Chapt. 1


15 SCRA 373-376

A. Definition
B. Origin
C. Distinguished from other disciplines
D. Kinds of administrative law
E. Advantages of administrative action over both legislative and
judicial action

II. Basic Principles

Gonzales, Chapt. 3

A. Separation of powers

U.S. v. Bull, 15 Phil. 7

B. Non-delegation of powers

C. Tests of validity of delegation of powers

People v. Vera, 65 Phil. 56


Araneta v. Dinglasan, G.R. No. L-2044, Aug. 26, 1949
Rodriguez v. Gella, G.R. No. L-6266, Feb. 12, 2953
Rubi v. Provl Board of Mindoro, G.R. No. L-14078, Mar. 7, 1919
Municipality of Cardona v. Municipality of Binangonan, G.R. No. L-
10202, Mar. 27, 1917
Pangasinan Transportation Co. v. Public Service Commission, 70
Phil. 221
Calalang v. Williams, 70 Phil. 726
Cervantes v. Auditor General, G.R. No. L04043, May 26, 1952
Pelaez v. Auditor General, 15 SCRA 569
Vigan Electric Light Co. v. Public Service Commission, 10 SCRA 46

III. Creation, establishment and abolition of administrative agencies


Gonzales, Chapt. 2

A. Nature
B. Definition
C. Creation
D. Control over administrative agencies
E. Abolition

E.O. No. 292, Book III, Chapt. 10, Sec. 31; Book VII, Chapt. 1, Sec.
2(1)
1987 Constitution, Art. IX; Art. X, Sec. 11; Art. XI, Secs. 5, 13;
Art. XII, Secs. 9, 15, 20; Art. XIII, Secs. 17, 18; Art. XIV, Sec. 9
Biraogo vs. Truth Commission, G.R. No. 192935, Dec. 7, 2010
Lacson-Magallanes, Co., Inc. v. Pano, 21 SCRA 895

IV. Powers and functions of administrative agencies

Gonzales, Chapt. 4

A. Rule-making
B. Adjudication
C. Incidental

Sierra Madre Trust vs. Secretary of Agriculture, 121 SCRA 384


Antipolo Realty Corp. vs. National Housing Authority, 153 SCRA
399
City of Baguio vs. Nino, 487 SCRA 216
Department of Agrarian Reform vs. Sutton, 473 SCRA 392
Cabarrus vs. Bernas, 279 SCRA 388

D. Requirements for enforcement of administrative issuances

GMA Network, Inc. vs. Movie & Television Review & Classification
Board, 514 SCRA 191
Tanada vs. Tuvera, 146 SCRA 446
People v. Que Po Lay, 94 Phil. 640
People v. Maceren, 79 SCRA 450

E. Tests for the validity of administrative powers

V. Administrative adjudication

Gonzales, Chapt. 5
A. Limitation on the conferment of quasi-judicial power
Miller vs. Mardo, 2 SCRA 898
Cabarrus vs. Bernas, 279 SCRA 388

B. Jurisdiction
Taleon vs. Secretary of Public Works, 20 SCRA 69
RCPI vs. Board of Communications, 80 SCRA 471
National Housing Authority vs. Commission on the Settlement of
Land Problems, 505 SCRA 38

C. Rules of procedure
Espinoza vs. Provincial Adjudicator, 516 SCRA 635
Perez vs. People, 544 SCRA 532

D. Privilege against self-incrimination


Chavez vs. Court of Appeals, 24 SCRA 663
Galman vs. Pamaran, 138 SCRA 294
Bengzon, Jr. vs. Senate Blue Ribbon Committee, 203 SCRA 767

E. Substantial Evidence Rule


Ang Tibay vs. Court of Industrial Relations, 69 Phil. 635
De Jesus vs. Guerrero III, 598 SCRA 341

VI. Administrative enforcement and sanctions

Gonzales, Chapt. 6

A. Administrative subpoena
Evangelista vs. Jarencio, 68 SCRA 99

B. Power of contempt
Masangkay vs. Comelec, 6 SCRA 27

C. Administrative sanctions
D. Summary powers
E. Judicial enforcement

VII. Judicial review

Gonzales, Chapt. 7

A. When judicial review is available


i. Finality of administrative action
Philippine American Life Insurance Co. vs. Social Security
System, 20 SCRA 161
UCPB v. E. Guanzon, Inc., 591 SCRA 321

ii. Exhaustion of administrative remedies


Lastimoso vs. Asayo, 517 SCRA 522
Hongkong & Shanghai Bank vs. GG Sportswear Mgf. Co.,
489 SCRA 578
Joson III vs. Court of Appeals, 482 SCRA 360

iii. Doctrine of prior resort


Quiambao vs. Court of Appeals, 454 SCRA 17

iv. Certiorari
St. Martin Funeral Homes v. NLRC, 295 SCRA 494

v. Prohibition
Paredes v. Court of Appeals, 253 SCRA 126

vi. Mandamus
PRC v. De Guzman, 432 SCRA 505

vii. Scope of judicial review


Republic vs. Manila Electric Co., 391 SCRA 700
Batangas Transportation Co. vs. Laguna Transportation Co.,
104 Phil. 992

B. Appeal
i. Doctrine of qualified political agency
Villena vs. Sec. of Interior, 67 Phil. 451
Bongcavil vs. Provincial Board, 10 SCRA 327
Roque vs. Director of Lands, 72 SCRA 1
Benguet Exploration, Inc. vs. Sec. of Agriculture and
Natural Resources, 75 SCRA 285

ii. Questions Subject to Judicial Review


Metropolitan Bank & Trust Co. vs. ASB Holdings, Inc., 517
SCRA 1
Office of the Ombudsman v. Santos, 486 SCRA 463

vi. Appeal to Office of the President


Land Car, Inc. vs. Bachelor Express, Inc., 417 SCRA 307
Department of Agrarian Reform vs. Uy, 515 SCRA 376