1 of 8

ADMIN LAW SESSION 2: 12-27-16

Belgica v Executive Secretary
(consolidated petitions w/c questioned the fraudulent use of public
funds)
congressional pork barrel was irregularly approved in the general
appropriations act
pork barrel system violated the separation of powers doctrine
violated the equal protection clause to favour a selected few
meant to protect the political career of incumbent members of congress

Nature of congressional inquiry v. question hour: sec 21, compel attendance in aid of legislation. sec 22. voluntary appearance, two
ways to initiate a question hour: request coming from executive and
legislative branch merely to report on certain agencies and departments not meant to consider a pending legislation but might result to
amendment of law. (questions are submitted three days before to the
executive branch)
requisites of executive privilege
kinds: presidential communication privilege, deliberate process privilege

ISSUE/s:
separation of powers
check and balances
delegation of legislative
political dynasty
local autonomy

SC. 1st case: pet. granted

MR affirmed the pet of neri

SC:
legal standing of petitioner

**senate failed to prove there was a pending inquiry

VALID DELEGATION:
completeness test
sufficient standard test

LAMBINO et al v. COMELEC
NOTE: line veto exercised by the president is only applicable to GAA
Neri v. Senate Committee
Director general of NEDA
invoked Executive privilege in refusing to answer questions in the
senate inquiry
questioned: ZTE-NBN deal which res arroyo signed
invited resource persons from the executive branch to check if the
ZTE BNB contract invalid

bambino filed petition for certiorari questioned the action of the comelec in denying the petition to amend the constitution based on peoples initiative
SC: pet. dismissed
1.
on procedural grounds: lack of authenticity of peoples
consent/assent
2.
on substantive grounds violated art. XVII of the Consti
on revision v. amendment

2 of 8
Drilon v. Ermita
Drilon questioned the validity of EO 464
EO 464 impairs the power of inquiry of the senate
EO 464 is contrary to the principle of transparency
respondent:
questioned the legal standing of the petitioners
petitioner failed to establish that there was any pending bills for consideration w/c world have been covered by EO 464
SC: partially granted
Upheld the commander in chief powers of the President
Bayan et al v. Ermita, G.R. No. 169838, April 25, 2006
consolidated petition
questioned the validity of BP 880 (completeness test)
questioned the validity of CPR
sufficient standard test

Ladled Charged with rebellion

questioned the validity of warrantless arrest
questioned the two inquest (rebellion & inciting to rebellion conducted in Beltran
questioned the validity of the preliminary investigation conducted by
the prosecution
moved for inhibition of Pros. Velasco for his partiality
OSG argued that the proceedings before the DOJ are in conformity
with law, investigation was in conformity with rules on criminal procedure
SC. Pet granted, prosecutors failed to comply with criminal procedure, the complaint was not properly subscribed to by the witness
produced by the CIDG the accused has the right ti be informed of
the charge they are facing and the right to confront witnesses .
the primary function of prosecutors is not to send people to jail but ti
serve the ends of justice

by virtue of the delegation of powers the executive branch can formulate IRR in conformity w/ BP 880
The state has the right to protect itself under the clear and present
test
SC partially granted the petition upholding the constitutionality of BP
880 CPR violates the sufficient standard test. Only maximum tolerance is allowed.
Ladlad v. Velasco, G.R. No. 1720-72, June 1, 2007

MEETING 3
Creation of Agencies
1.
Constitution- CSC, Comelec, COA (art IX) Ombudsman (Art XI) NEDA (XII), JBC (art. VIII) **Admin agencies created by
consti
2.
Legislature; BIR, BOC, BOI, BSP. PDIC, PSA (NSO),
SSC(SSS), NHA LGU- delegated powers; ordinances
3.
Presidential Action (EO)- Ad Hoc Committee

3 of 8
created for specific purpose, limited period of time (No appropriations under the GAA)

Canons to be a lawyer: Independence, Impartiality, Integrity, Proprietary, Equality, Competence and Diligence

**legislature

Kinds
MEETING IV
1.
2.
3.
4.

govt grant or gravity ex: copyright

perform specific public service
regulate activities to protect the public
regulate private agencies

Admin agencies form part of the govt because they perform three
functions of the government
executive- implement and enforce law

What is a government instrumentality

adjunct of the national government performing sovereign or government functions in contrast with proprietary functions which is
commercial in nature (waiver of immunity of suits)
purely service
cite: MIAA v. City of Paranaque
qualified political agency: control (alter ego)
bar question: there is a board of directors: members: Chairman:
DPWHsec, members: DTI sec, Doh Sec, representative from private
agencies
issue: abused of discretion
defense/contention: qualified political agency
answer: there are representatives from political agencies therefore
qualified political agency will not lie.
**SEE Sec. 16 Art. VII
Qualities of a judge and justices
Competence, Integrity, Priority, Indepence

quasi legislative function- rule making function by virtue of delegation

of power for congress exercising its plenary power
quasi judicial adjudicatory function
delegation of powers
ex: NLRC, DAR, HLURB
Determinative function- delegation of powers
ex: IRR, interpretative function
Kinds
1.
Grants: DENR
3.
gratuity: GSIS/SSS
4.
performing specific business on behalf of the government- BIR, BOC
5.
regulating business: SEC, DTI, IPO, BFAD
6.
those perform public interest- MWSS, LTFRB,
7.
Adjustment of individual controversies (ECC, NLRC)
appointments limitation and

4 of 8
Acebedo Optical v. C.A et. al., G.R. No. 100152, March 31, 2000
SC: sustained the mayors police power to grant business permit but
NOT to the extent of regulating the practice of profession. PRC is the
proper agency to regulate profession. Business permit is not a personal contract but a special privilege
Lovina v. Moreno, G.R. No. L-17821, November 29, 1963

test: completeness- public safety

sufficient standard test- parameters by which public safety
may be measured. (IRR will fill in the details)
MERALCO v. ERB, G.R. No. 145399, March 17, 2006
Denied. E.O attached the ERB to the dept. of energy.
ERB has administrative jurisdiction over MERALCO
ERB power includes provisional relief to customers.

RA 2156 is constitutional for allowing the secretary to remove obstructions in river ways. New evidence cannot be allowed after adjudication of administrative proceedings.

**findings of Admin agencies will not be disturbed unless there is a

patent error.

Abakada v. Sec. Purisima, 562 SCRA, 251:

Philippine Lawyers Association v. Agrava, 105 Phil. 173 (1959)

Attrition law is constitutional because there was a valid delegation of

powers. The president can set out the standards and the secretary
of finance can determine the quota of collection.

Sections 1-9 of Admin Code***

The creation of the oversight committee violates the principle of separation of powers.

People v. Que Po Lay, 94 Phil. 640 (1954)

People v. Maceren, 169 Phil., 447-448 (1977)

The secretary of Agri and fisheries exceeded the grant of power by
congress because the law itself does not provide for electro fishing.
New fisheries code was amended and added prohibition against
electro fishing. see. Art. 3 sec 22

publication is required when there is a burden imposed on an individual

Taada v. Tuvera, 146 SCRA 446
MEETING V

Edu vs. Ericta, 35 SCRA 481 (1970)

CIR v. Reyes
There was a valid delegation of powers what is prohibited is for congress to delegate its law making powers:

5 of 8
BIR instituted an action to garnish the house in dasma but Reyes
moved for suspension being void abinitio due to new BIR circular
SC: BIR rules should not be applied, no basis
Ruled in favour of Reyes because Reyes can still have a compromise with BIR
IN Re: Letter of UP Law Faculty
UP Law professor filed an administrative complaint for alleged plagiarism on the decision of the court in Vinuya v. Executive Secretary,

SC: Tui should be dismissed despite withdrawal of an administrative

complaint, full investigation must be conducted. Courts disciplinary
action may be put to naught.
Pontejos v. Desierto, G.R. No. 148600, 2011
HLURB: purely administrative in nature
fact finding committee ruled in favour of the construction company
Teresita desierto was included in the fact finding committee (wife of
respondent)

Show cause order to UP Law professors

SC: The petitioners are not required to a full blown hearing in conformity of Rule 139B of RoC
Administrative proceedings do not require full blown hearing.
SSS v. Gloria
SC ruled in favour of SSS, it ruled based on equity. Gloria is no
longer a dependent of Antonio because they were separated long
time ago.
**administrative proceedings
concept of primary jurisdiction and exhaustion of administrative
remedies
Executive Judge Bulado v. Domingo Tiu, Jr. et. al. A.M. No.
P-96-1211

Ombudsman- referred to the office since act constituted a violation

of anti graft (RA 3014 and provisions of RPC
two aspects are filed in every ombudsman case
: administrative and criminal liability
SC: Affirmed Ombudsman and CA rulings
Pantejos guilty. He was not denied due process absence in two
scheduled hearings does not constitute denial of due process.
Mayor Brigido Simon v. Commission on Human Rights, G.R.
No.,100150,
CHR is only a fact finding body and they have bio power to subpoena therefore they cant issue contempt. If they want to issue subpoena they can go to RTC in that region to have the same.
NOTE: ONLY COURTS CAN ISSUE THESE WARRANTS:

OCA: recommended the dismissal of Tui independent of the will of

the complainant.

6 of 8
1.
warrant of arrest- only to a person, in his residence or
where he may be found.
2.
search warrants- house, persons, papers and effects.

Principle of Exhaustion of Administrative Remedies

Boracay Foundation v. The Province of Aklan, G.R. No. 196870,
2012

**can only be issued by a judge after personally examining the complainant and the witnesses he may produces

objected to reclamation on the sea

Harvey et al. v. Defensor-Santiago, 162 SCRA 840 (1988)

SC: allowed the writ of kalikasan for affected groups to be heard.

concept of public hearing

Bureau of immigration is the proper administrative body to take cognisance of the case against aliens. Because aliens were at flight risk.
undesirable aliens and there is no criminal sanction.
There is no criminal case yet against foreigners.

any laws that affect lives of people required a public hearing.

Rationale behind the principle: Allow administrative agencies to
exercise primary jurisdiction.
B.F. Homes et al. v. MERALCO, G.R. No. 171624, 2010: resort to
the court is

Kiani v. BID, G.R. No. 160922, February 27, 2006

Pakistani staying in the Philippines by virtue of his marriage with filipino wife.
In this case there is already a criminal offense. Kanis case was bailable. Kani was entitled to bail under our constitution. Habeas corpus
was granted.

court applied primary jurisdiction and allow admin body resolve issues.
General rule: exhaust administrative remedies unless it is under the
exceptions
Exceptions when resort to exhaustion of administrative remedies is
not necessary

Administrative Appeal
must conform

(a) The question involved is purely legal;

Refer to: Secs. 19-24, Book VII, Administrative Code of 1987.

(b) The administrative body is in estoppel;

Within 15 day period can file a notice of appeal or else bound by the
decision.

(c) The act complained is patently illegal;

7 of 8

(d) There is an urgent need for judicial intervention; harvey case and Kani Case

(e) The claim involved is small;

(f) Grave and irreparable injury will be suffered;

(g) There is no other plain, speedy and adequate rem-

(Gabrito v. Court of Appeals, 167 SCRA 771 [1998]);

(p) The party is poor (Sabello v. Department of Education, Culture and

Sports, 180 SCRA 623 [1989]); and

edy,

(q) The law provides for immediate resort to the court (Rullan v.
Valdez, 12 SCRA 501 [1964]).

(h) Strong public interest is involved;

(i) The subject of the controversy is private law;

(j) The case involves a quo warranto proceeding

(Sunville Timber Products,
Inc. v. Abad, 206 SCRA 428 [1992]);

Valmonte v. Belmonte, Jr., G.R. No. 74930, February 13, 1989: issue
involves public interest which necessitates the court to take juirsdiction Sabello v. Department of Education, Culture & Sports, 180
SCRA 623 (1989): claim of money
Judicial review

(k) The party was denied due process (Samahang

Magbubukid ng Kapdula,
Inc. v. Court of Appeals, 305 SCRA 147 [1999]);

court can dismiss a case without prejudice doctrine of primary jurisdiction

(l) The decision is that of a Department of Secretary.

(Nazareno v. Court of Appeals, G.R. No. 131641, February 23, 2000)
if reached Dept Sec: it is ripe for adjudication already

CONCEPT OF CONTINUING MANDAMUS- writ of kalikasan

MMDA, DENR and all other agencies to report regularly on the quality of water in Manila bay. the quality must be good for sports.

(m) Resort to administrative remedies would be futile (University of

the
Philippines Board of Regents v. Rasul, 200 SCRA 685 [1991]);

(n) There is unreasonable delay (Republic v. Sandiganbayan, 301 SCRA 237 [1999]);

(o) The action involves recovery of physical possession of public land

8 of 8