Admin Law

State and private relationship

Const 1 – 9, 10 , 11

Administrative Law
Fixing of organization and the individual remedies for the violation of
the rights.

Governs all administrative and executive officials under the Civil Service.
Elective and Appointive Officials

There is always a minimum standards for the performance of duties.

Three levels Minimum-Standard-Abuse.

Learning the structure of Admin Govt Agencies- it is learning the hierarchy.

A moto propio case – boss mag file sa case then an gang magdecide- valid
and existing concept

NOTA BENE:
Article 11 of the Cons. Accountability of Public Officer- Public office is a public
trust.
-most administrative cases are based on this provision.

Administrative Proceedings- quasi judicial bodies

-termination, dismissal, suspension
 -the purpose is polishing of the government offices
- if commit not being corrected for something you did to another
individual- to make sure and guarantee that only those of the highest degree
are serving public office.
-in civil and crim (rules of court) but in admin cases (rules and
regulations)
- in admin cases proof required is substantial evidence- proof that a
reasonable mind might accept sufficient to support a conclusion
- Executive- implements and enforce the laws

Quasi Legislative vs Quasi-Judicial Power- exercised by executive

dept.

Quasi-legislative power/Rule-Making
The exercise of delegated legislative power, involving no discretion as
to what the law shall be, but merely the authority to fix the details in the
execution or enforcement of a policy set out in the law itself.
Article 8- Sec 5. Par. 5
It is a violation but- according to jurisprudence, but in every general
rule there is an exception.

Quasi Executive Power- Research about this

Doctrine of Separation of Powers (2003, 2009, 2010 Bar)

Legislation belongs to the Congress, implementation to the executive,

and settlement of legal controversies and adjudication of rights to the
judiciary. Each is therefore prevented from invading the domain of the
others. Checks and Balances

The SC impose fees in almost all litigations. (provided Article 8 Sec 5.

Par 5)
Congress cannot assume exclusively vested powers of the Supreme
Court.

Government of the Rep of the Phil- is the entire governmental

machinery which exercises sovereign functions. Not all gov’t of the repub of
phil is national gov’t (local government, judicial courts, )

National Government-Central Government of its machinery specifically

the three major branches of the govt. All national gov’t is part of the
government of the Phil (judicial courts)

Entities with charter- separate and distinct

Incorporated vs. Non-Incorporated

Central Bank vs Ablaza GR No.- not part of national govt

Revised Administrative Code which provides that:
Section 607. Certificate showing appropriation to meet contract.

"National Government" refers only to the central government, consisting of

the legislative, executive and judicial departments of the government.
"The Government of the Republic of the Philippines" or "Philippine
Government", which are the expressions broad enough to include not only
the central government but also the provincial and municipal governments,
chartered cities and other government controlled corporations or agencies,
like the Central Bank. To be sure the Central Bank is a government
instrumentality.

Bacani vs Nacoco. GR No. L9657- NACOCO is not considered a

government entity and is not exempted from paying the stenographers’ fees
under Rule 130 of the Rules of Court.

IT HAS ITS OWN CHARTER

It was given a corporate power separate and distinct from the
government, as it was made subject to the provisions of the Corporation
Law in so far as its corporate existence and the powers that it may exercise
are concerned (sections 2 and 4, Commonwealth Act No. 518). It may sue
and be sued in the same manner as any other private corporations, and in
this sense it is an entity different from our government.

If you have separate and distinct juridical personality (if incorporated under
the corporation code or with original charter)- then it is taxable

MIAA vs CA GR No. 155650- Originally exempts them from taxes but in

March 1997, the Office of the Government Corporate Counsel (OGCC) issued
Opinion No. 061 to the effect that the Local Government Code of 1991 (LGC)
withdrew the exemption from real estate tax granted to MIAA under Section
21 of its Charter.

According to them- This exemption should be read in relation with Sec. 133
of the LGC which provides that the exercise of the taxing powers local
governments shall not extend to the levy of taxes, fees or charges of any
kind on the National Government, its agencies and instrumentalities.

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