UNIVERSITY OF PERPETUAL HELP LAGUNA

Sto. Nio, Bian, Laguna

COLLEGE OF LAW
COURSE SYLLABUS Date of Applicability: a. First Semester b. School Year 2011-2012 Course Title: ADMINISTRATIVE & ELECTION LAW Pre-requisite: Constitutional Law 1&2 Section Code: Schedule: Saturdays 6-9pm

Course Description: Administrative & Election Law (3 units lecture recitation) This is an introduction to basic Administrative Law, focusing on the development and application of principles and doctrines governing administrative agencies with rule-making and administrative functions. This course also involves an in-depth discussion of the Election Code and other related laws. : Course Credit: a. 3 units b. 3 hours a week Prepared: Prosec. Michelle G. Divina-Delfin Professor Noted: Justice Conrado M. Vasquez Jr. Dean Approved: Dr. Ferdinand C. Somido School Director

General Objectives: To impress upon the students the powers of administrative agencies, particularly the quasi-legislative and quasi-judicial powers, and the parameters of judicial review of such powers. Likewise, to make the students knowledgeable about the elections laws, the correlation of the constitutional provisions involving COMELEC and Omnibus Election Code and other related laws. Specific Objectives: Cognitive: 1. Discuss quasi-legislative and quasi-judicial powers. 2. Describe the principles and doctrines governing administrative agencies and their limitations of the powers exercised by such agencies. 3. Identify the powers exercised by the COMELEC, eligibility of candidates, registration, campaign and expenditures, and casting and counting of votes. 4. Explain and understand the concepts of pre-proclamation dispute, post-election dispute and election offenses. Affective: 1. 2. 3. 4. Psychomotor: 1. Compare the powers of administrative agencies and the limitations of such powers. 2. Employ and effectively exercise the rights of suffrage. 3. Practice the appropriate remedies in election disputes. Analyze the quasi-legislative from quasi-judicial powers of administrative agencies. Compare and apply the concepts of pre-proclamation dispute, post-election dispute and election offenses.. Determine the limitations of the exercise of powers of administrative agencies. Examine the powers exercised by the COMELEC, eligibility of candidate, registration, campaign and expenditures, and casting and counting of votes. At the end of the course, the students should be able to:

Prepared: Prosec. Michelle G. Divina-Delfin Professor

Week Time Allotment 3 hours Learning Objectives and Values Integration To know, understand and be able to apply the law.

Noted: Justice Conrado M. Vasquez Jr. Dean

Subject Matter Teaching Methodology Socratic

Approved: Dr. Ferdinand C. Somido School Director

Teaching Aids Evaluation Tools Recitation Major exams Minimum Competence Indicator 75%

Orientation

3 hours

To know, understand and be able to apply the law.

Introduction

Socratic

3 hours

To know, understand and be able to apply the law.

Powers of Administrative Agencies

Socratic

1987 Philippine Constitution (codal) Administrative Law (annotated text) Case Law 1987 Philippine Constitution (codal) Administrative Law (annotated text) Case Law 1.) Republic vs. CA, 200 SCRA 226 (1991) 2.) Pantanco vs PSC, 229 (1940) 1987 Philippine Constitution (codal) Administrative Law (annotated text) Case Law 1.) Calalang vs Williams, 70 Phil. 726 (1940) 2.) Eastern Shipping Lines vs. POEA, 166 SCRA 533

Recitation Major exams

75%

Recitation Major exams

75%

3 hours

To know, understand and be able to apply the law.

Powers of Control, Supervision and Investigation

Socratic

3 hours

To know, understand and be able to apply the law.

Quasi-legislative powers

Socratic

1987 Philippine Constitution (codal) Administrative Law (annotated text) Case Law 1.) Marcos vs Manglapus, 177 SCRA 668 (1989) 2.) Araneta vs Gatmaitan, 101 Phil. 238 3.) Ang-Angco vs Castillo, 9 SCRA 619 4.) Taule vs Santos, 200 SCRA 512 (1991( 5.) Carino vs CHR, 204 SCRA 483 1987 Philippine Constitution (codal) Administrative Law (annotated text) Case Law 1.) Central Bank vs Cloribel, 44 SCRA 307 2.) Tatad vs Secretary of DOE, 281 SCRA330 3.) Ynot vs IAC, 148 SCRA 659 4.) People vs. Maceren 79 SCRA 450 5.) Tanada vs Tuvera, 146 SCRA 446

Recitation Major exams

75%

Recitation Major exams

75%

3 hours

To know, understand and be able to apply the law.

Quasi-judicial powers

Socratic

3 hours

To know, understand and be able to apply the law.

Doctrines of Primary Jurisdiction and Exhaustion of Admin Remedies

Socratic

3 hours

To know, understand and be able to apply the law.

Judicial Review

Socratic

6.) Smart Com. Inc vs NTC, GR NO. 151908, Aug. 12, 2003 1987 Philippine Constitution (codal) Administrative Law (annotated text) Case Law 1.) Carino vs CHR, 204 SCRA 483 2.) Victorias Milling Co. vs Office, 153 SCRA 317 3.) First Lepanto Ceramics, Inc vs CA, 237 SCRA 519 4.) Fabella vs CA, 282 SCRA 256 5.) Ang Tibay vs CIR, 69 Phil 635 6.) Lumiqued vs Exevea, 282 SCRA 125 7.) Paat vs CA, 266 SCRA 51 1987 Philippine Constitution (codal) Administrative Law (annotated text) Case Law 1.) Phil. Veterans Bank vs CA, 322 scra 139 1987 Philippine Constitution (codal) Administrative Law

Recitation Major exams

75%

Recitation Major exams

75%

Recitation Major exams

75%

(annotated text) Case Law 1.) In Re: Wilfredo Sumulong Torres, 251 SCRA 709 9 M I D T E R M 10 3 hours To know, understand and be able to apply the law. Introduction/constitutional provisions E X A M I N A T I O N S Socratic 1987 Philippine Constitution (codal) Election Law (annotated text) Case Law 1.) Dibratun vs COMELEC, GR NO 179365, FEB. 2, 2010 1987 Philippine Constitution (codal) Election Law (annotated text) Case Law 1.)Macalintal vs COMELEC GR NO 157013, JULY 10, 2003 2.) Pena vs COMELEC, GR NO. 80869, MARCH 10, 1988 1987 Philippine Constitution (codal) Election Law (annotated text) Case Law 1.) Villarosa vs HRET GR NO. Recitation Major exams 75%

11

3 hours

To know, understand and be able to apply the law.

COMELEC

Socratic

Recitation Major exams

75%

12

3 hours

To know, understand and be able to apply the law.

Eligibility of Candidates

Socratic

Recitation Major exams

75%

13

3 hours

To know, understand and be able to apply the law.

Registration of Votes/Campaign and Expenditures/Casting and Counting of Votes

Socratic

14

3 hours

To know, understand and be able to apply the law.

Pre-proclamation controversies

Socratic

143351, Sept. 14, 2000 2.) Ramirez vs COMELEC, 270 SCRA 590 3.) Frivaldo vs COMELEC, 174 SCRA 245 4.) Labo vs COMELEC, 176 SCRA 1 5.) Bengzon III vs HRET GR NO. 142840, MAY 7, 2001 6.) Eleazar P. Quinot vs COMELEC GR NO. 189698 Feb. 22, 2010 7.) Codillo vs De Venecia GR NO. 150605, DEC 10, 2002 1987 Philippine Constitution (codal) Election Law (annotated text) Case Law 1.) Kabataan Party List vs COMELEC, GR NO. 189868, Dec. 15, 2009 1987 Philippine Constitution (codal) Election Law (annotated text) Case Law 1.) Aquino vs

Recitation Major exams

75%

Recitation Major exams

75%

15

3 hours

To know, understand and be able to apply the law.

Post-election disputes

Socratic

16

3 hours

To know, understand and be able to apply the law.

Election Offenses

Socratic

17

3 hours

To know, understand and be able to apply the law.

Integration of Related Laws

Socratic

COMELEC, 248 SCRA 400 (1995) 2.) Pimentel III vs COMELEC GR NO. 178413, MARCH 13, 2008 3.) Ututalum vs COMELEC GR NO. 84843-44 JAN. 22, 1990 4.) Chaves vs COMELEC, 211 SCRA 315 1987 Philippine Constitution (codal) Election Law (annotated text) Case Law 1.) Samad vs COMELEC GR NO 107854 JULY 16, 1993 2.) Codilla vs De Venecia GR NO 150605, 393 SCRA 639 1987 Philippine Constitution (codal) Election Law (annotated text) Case Law 1.) Comelec vs Noynay GR NO. 132365 JULY 9, 1998 1987 Philippine Constitution (codal) Election Law (annotated text)

Recitation Major exams

75%

Recitation Major exams

75%

Recitation Major exams

75%

Case Law 18 F I N A L E X A M I N A T I O N S

Reference:

Administrative Law and Election Law by Agpalo Case Digests 40% Class standing + 60% Major Exam = MG 40% Class standing + 60% Major Exam = FG MG + FG 2 = Final Grade

Grading System:

Prepared: Prosec. Michelle G. Divina- Delfin Professor

Noted: Justice Conrado M. Vasquez Jr. Dean

Approved: Dr. Ferdinand C. Somido School Director