ADMINISTRATIVE LAW REVEIWER

Administrative law- as define by Dean Roscoe Pound the

branch of modern law under which the executive department of
the government, acting in a quasi-legislative or quasi-judicial
capacity, interferes with the conduct of the individual for the
purpose of promoting the well-being of the community, as under
laws regulating public interest, professions, trades and
callings, rates and prices, laws for the protection of public
health and safety, and the promotion of public
convenience and advantage.

Sources of admin law: (C,D,R,D)

1. Constitutional or statutory enactments for the
creation of administrative bodies.
2. Decision of the courts interpreting the charters of
the administrative bodies and defining their powers,
rights inhibitions, among others, and the effects of
their determinations and regulations.
3. Rules and regulations issued by the administrative
bodies in pursuance of the purpose for which they
were created.
4. Determinations and order of the administrative
bodies in the settlement of controversies arising in
their respective fields.

Quasi-Legislative power-Authority delegated by the law-

making body to the administrative body to adopt rules and
regulations intended to carry out the provisions of law and
implement legislative policy.

Quasi-judicial power- administrative authorities to

make determination of facts in the performance of their
officials duties and to apply the law as they construe it to the
facts so found, the exercise of their power is only incidental to
their main function, which is the enforcement of the law.

Administration- as an institution and as a function, refers to the

aggregate of individuals in whose hands the reigns of government
are for the time being. “ the actual running of the government by
the executive through the enforcement of laws and the
implementation of policies.
Internal- Covers the rules defining the relations of
public functionaries inter se and embraces the whole range of
the law of public officers.
External- Relationship of the public officer with the
public in general. Not necessarily affect the personnel of the
office but are promulgated for observance by those who have
dealings or transaction.

Test of Delegation

Completeness Test- law must be complete in all of its

terms and condition when it leaves the legislature so that
when it reaches the delegate there is nothing left more to do but
to enforce.

Sufficient Test- Must offers a sufficient standard to

specify the limits of the delegate authority, announce the
legislative policy, and specify the conditions under which it
is to be implemented.

The Doctrine of Prior Resort or Primary Jurisdiction- A court

does not arrogate itself authority to resolve a controversy or
issue on a jurisdiction initially lodged to the
administrative body of special competence.

The doctrine of Exhaustion of Administrative remedies- an

Administrative decision must be appealed first to the
administrative superior up to the highest level before it
may be elevated to a court of justice review.

Res Judicata- Embraces two different concept, first bar

from former judgment and the other as conclusiveness of
judgment, bar from judgment when between the first case
where the judgment is invoked was rendered, and the
second case where such judgment is invoked there is
identity of parties, subject matter, and cause of action,
when these three identities are present the judgment on the
merits rendered in the first case constitute an absolute bar to the
subsequent action.

Public Office- is the RIGHT AUTHORITY and DULY CREATED

and CONFERRED by law by which for a given period, EITHER
fixed by law or enduring at the pleasure of the creating power, an
individual is invested with sovereign functions to be
exercised by him for the benefit of the public.

Elements of a Public Office are as follows (C,S,E,E,P)

1. It must be Created by law OR Ordinance
authorized by law;
2. It must be invested with some Sovereign functions
of government to be exercised for the public
Interest;
3. The functions must be defined, EXPRESSLY or
IMPLIED by law;
4. The functions must be Exercised by an officer
directly under the control of the law, not under
that of a superior officer UNLESS they are
functions conferred by the law upon inferior
officers , who by law, are under the control of a
superior; and
5. It must have some Permanency or continuity
NOT temporary or occasional.

Characteristic of a Public Office are as follows: (P,N,C)

Public Office is a PUBLIC TRUST- Created in the

interest and for the benefit of the public. The officers are the
servants of the people and not their rulers.

Public office is NOT A PROPERTY- Contemplated in the

provision of the constitution against deprivation of ones
property without due process of law, BUT is revocable according
to the will of the people.
 Public office CANNOT INHERITED- Cannot be regarded
as incorporated hereditaments nor as having a character or
qualities of grants. Public office is personal to the incumbent
thereof or appointee thereto.

Public Officer- Any person who, by direct provision of law,

popular election or appointment by competent authority,
takes part in the performance of public functions in the
government of the Philippines, or performs in said
Government or in any of its branches public duties as an
employee, agent or subordinate official, of any rank or
class, is deemed a public officer.

Officer ‘De jure.’- is one who Has the Lawful Rights to

the office in all respect, but who has either been ousted
from it, OR who has never actually taken possession of it.

Officer ‘De Facto.’- one whose acts, though Not those of

the lawful officer, the law, upon principles of policy and
justice, will hold valid so far as they involve the interests of
the public and third persons, where the duties of the officer
were exercised.

Requisites of the ‘De Facto’ Officer: Key words

(Necessity.Color.Physical.)

1. Necessity of office- must have a regular

created office for there can be no officer if
there is no office to fill.
2. Color of title or general recognition and
reputation- May consist in an election or
appointment to the office, OR in holding
over after the expiration of one’s term, OR
acquiescence by the public in the acts of
the officer for such a length of time as to
raise the presumption of colorable right by
election or appointment.
 3. Physical possession- Who is in possession of
an office under color of an election or of an
appointment.

Quo warranto- Where it is desired to try the title of the

office, quo warranto is the remedy to be applied unless a
special statutory remedy has been substituted in its place.

Modes of commencing official relation:

1. By appointment
2. By election

Appointment- is the act of designation by the

executive officer, board or body, to whom that power
has been delegated, of the individual who is to exercise
the function of a given office.

Modes of terminating officer relations are as follows:

(ERRAARIDAR)
1. By Expiration of the term;
2. By Reaching the age limit;
3. By Resignation;
4. By Acceptance of an incompatible office;
5. By Abandonment;
6. By Removal;
7. By Impeachment;
8. By Death;
9. By Abolition of the office;
10. By Recall.

Term of office- Is the period during which an office may held.

Tenure of office- the period during which the incumbent

actually holds the office.
Primarily confidential- Is one denoting not only confidence
in the aptitude of the appointee for the duties of the
office but primarily close intimacy which insures freedom of
intercourse without embarrassment or freedom from misgiving or
betrayals of personal trust or confidential matters of state.

Highly technical- one should possess a technical skill or

training in the supreme or superior degree.

Reviewer in Admin Law by: Donald A. Delos Reyes

Republic of the Philippines

REGIONAL TRIAL COURT OF LAGUNA
Calamba City
RADIO COMMUNICATIONS OF
THE PHILIPPINES, INC.(RCPI),
Petitioner, Administrative Case No.L-45378
FOR:" BREACH OF CONTRACT"
-versus-

PACIFICO INNOCENCIO,
Complainant,
x -- - - - - - - - - - - - x

TRIAL MEMORANDUM FOR THE COMPLAINANT

COMES NOW, complainant by the undersigned legal counsel unto this

Honorable Court most respectfully submits this memorandum and in support

thereto avers:

NATURE OF THE CASE

This is with regard to the complaint for negligence of Pacifico

Innocencio that has been filed against the petitioner RADIO COMMUNICATION
of the PHILIPPINES, INC. by virtue of a formal charge dated 25 August, 1975.
The complaint was based on an incident that allegedly happened on July 13,
1975 at Los Banos City.

THE PARTIES
 1. Complainant is of legal age, married and residents of Bgy. Paniqui,

Tarlac, where he may be served with summons and other legal processes of

this Honorable Court;

2. Petitioner is the Radio Communication of the Philippines, Inc.

,Where they may be served with summons and other legal processes of this

Honorable Court;

ANTECEDENT FACTS AND CIRCUMSTANCES

3. That on July 13, 1975 the Complainants’ wife Lourdes Innocencio

sent a telegram which came from paniqui, Tarlac to Pacifico Innocencio the

complainant thru RCPI facilities.;

4. The telegram was never received by the complainant, inspite the

fact that non-receipt and non-delivery of the message sent to the address;

5. That because of the failure to deliver the complainant was shocked

when he learned about the death of his father and thus suffered mental

anguish and personal inconveniences.

ISSUES

After the above development, the main action of the complainant was

now centered on the case for the acts committed if there is breach of

contract and there is negligence. The following issues were the issued

presented during the trial of this case.

 I.

WHETHER OR NOT THAT THE BOARD OF

COMMUNICATION HAS A JURISDICTION?

II.

WHETHER OR NOT THAT THE BOARD OF

COMMUNICATION MAY IMPOSE FINE?

APPLICABLE LAWS AND JURISPRUDENCE

Art. 1170 those who in the performance of their obligation are guilty of

fraud, negligence, or delay, and those who in any manner contravene the

tenor thereof, are liable for damages.

Art. 1172 Responsibility arising from negligence in the performance of

every kind of obligation is also demandable, but such liability may be

regulated by the courts, according to the circumstances.

ARGUMENTS

1. As regards issue No. 1, The board has no jurisdiction over the said
case being a creature of the legislature and not a court, can exercise only
such jurisdiction and power as are expressly or necessary implication.

2. the Board of Communication of the Philippines, Inc are not entitled

to imposed fines, the nature of their existence and creation is for regulatory
purposes meaning they have the power to fix rates and prices only.

3. Imposing fines not subjected by their power is an abuse thereof.

PRAYER
 WHEREFORE, premises considered, it is most respectfully

prayed that the Decision of this Honorable court be in favored in

dismissing the case in favor of the complainant.

Complainant likewise prays for such other and further reliefs

as this Honorable Court may deem just and equitable in the
premises.