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CHAPTER I
General Provisions
Administrative Law that branch of public law which fixes the
organization and determines the competence of administrative
authorities and indicates to the individual remedies for the violation
of his rights.
Kinds of Admin Law
1. Statutes setting up administrative agencies;
2. Body of doctrines and decisions dealing with the creation,
operation and effect of determinations and regulations of such
administrative authorities;
3. Rules, regulations, or orders of such administrative authorities in
pursuance of the purpose for which administrative authorities
were created or endowed;
4. Determinations, decisions, and orders of such administrative
authorities in the settlement of controversies arising in their
particular fields.
Administration is defined in two different senses: as a function, is
the execution, in non-judicial matters, of the law or will of the State
as expressed by competent authority; and as an organization, is that
group of or aggregate of persons in whose hands the reins of
government are for the time being.
Creation:
They are created either by a) Constitutional
provision; b) Legislative enactment; or c) Authority of law.
Presumption of Regularity
Government officials are presumed to perform their functions
with regularity and strong evidence is necessary to rebut this
presumption. Under the law of public officers, acts done in the
performance of official duties are protected by the presumption of
good faith, and even mistakes committed by such public officers
are not actionable as long as it is not shown that they were
motivated by malice or gross negligence amounting to bad faith.
CHAPTER III
Power of Control, Supervision and Investigation
Sec. 17, Art. VII of the 1987 Constitution provides that the
President shall have control of all the executive departments,
bureaus, and offices. He shall ensure that the laws be faithfully
executed.
1.
2.
3.
4.
It
It
It
It
must
must
must
must
be
be
be
be
C. DELEGATION
OF
GOVERNMENT
LEGISLATIVE
POWER
TO
LOCAL
Sangguniang Barangay
May pass an ordinance affecting a barangay
Subject to review by the Sangguniang Bayan or Sangguniang
Panlungsod, as the case maybe.
It shall take action within 30 days from submission
No action within 30 days, the ordinance is presumed consistent
with law and shall be deemed approved.
Ordinance finds inconsistent with law, return the same to
Sangguniang Barangay for amendment or modification.
Sangguniang Bayan
Power to enact municipal ordinance
Affirmative vote of a majority of the members present and voting,
there being a quorum shall be necessary for the passage
It is submitted to the municipal mayor, who within 10 days from
receipt thereof shall return it either with his approval or veto.
If not returned with 10 days, it shall be deemed approved
Two-thirds of all its members may override the veto of the mayor,
in which case the ordinance shall become effective for all legal
intents and purposes.
The approved ordinance is subject to review by Sangguniang
Panlalawigan within 30 days from receipt thereof.
Exceptions:
1. Where public interest requires immediate court resolution;
2. Where administrative act is a nullity;
3. Where administrative remedy is not adequate;
4. Where judicial relief is required to prevent violence;
5. Where agency acted with no jurisdiction;
6. Where there is yet no administrative order;
7. Where there estoppel;
8. Where there is urgency or irreparable damage;
9. Where qualified political agency doctrine applies;
10.
11.
12.
13.
14.
15.
Primary Jurisdiction
The
claim
Exhaustion of Administrative
Remedies
originally The claim is cognizable in the
is
referral
of
CHAPTER I
Nature and Elements of Public Office
Public Office refers to the right, authority and duty, 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 some portion of the sovereign functions of
government, to be exercised by that individual for the benefit of the
public.
Elements:
a) Created by law or by authority of law;
b) Possess delegation of a portion of the sovereign powers of
the government to be exercised for the benefit of the public;
c) Powers conferred and duties imposed must be defined,
directly or implied, by the legislature or by legislative
authority;
d) Duties must be performed independently and without the
control of a superior power other than the law;
e) Must have permanence or continuity.
Under Section 20, Article VII of the Constitution, the power of the
President to contract or guarantee loans on behalf of the
Republic of the Philippines is subject to the prior concurrence of
the Monetary Board and subject to such limitations as may be
prescribed by law.
The President exercises the power of control over all executive
departments and agencies, including government-owned or
controlled corporations.