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COURSE SYLLABUS

ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS


AND ELECTION LAW
Atty. JUDITH A. DONGALLO-CHICANO

PART A. ADMINISTRATIVE LAW

I. GENERAL PRINCIPLES

 Definitions
a. Administrative Law
b. Government of the Republic of the Philippines (see Administrative Code of
1987, Section 2)
c. National Government (see Administrative Code of 1987, Section 2)
d. Local Government (see Administrative Code of 1987, Section 2)
e. Agency of the Government (see Administrative Code of 1987,
Section 2)
f. Department (see Administrative Code of 1987, Section 2)
g. Bureau (see Administrative Code of 1987, Section 2)
h. Office (see Administrative Code of 1987, Section 2)
i. Instrumentality (see Administrative Code of 1987, Section 2)
j. Regulatory agency (see Administrative Code of 1987, Section 2)
k. Chartered institution (see Administrative Code of 1987, Section 2)
l. Government-owned or controlled corporation (see Administrative Code of
1987, Section 2)
 GOCC Governance Act of 2011 (Republic Act No. 10149)
 Kinds of Administrative Law
 Scope of Administrative Law
 Sources of Administrative Law

II. ADMINISTRATIVE AGENCIES

 Creation, Establishment and Abolition of Administrative


 Reorganization of Administrative Agencies
a. Definition of Reorganization
b. President’s power to reorganize; basis
c. Power of other agencies to reorganize; limitations
 Reasons/purposes for creating administrative agencies
 Common types of administrative agencies

III. POWER OF ADMINISTRATIVE AGENCIES

 General Principles
 Quasi-Legislative Power (Rule-Making)
a) Legislative power
b) Doctrine of Separation of Powers
c) Non-delegation of legislative power
d) Exceptions to the doctrine of non-delegation of legislative power
e) Kinds of Administrative Rules and Regulations

o Supplementary or detailed legislation o


Interpretative legislation
o Contingent legislation

f) Requisites for Validity of Administrative Rules and


g) Penal Rules and Regulations

h) Force and effect of administrative rules and regulations


i) Requirements of notice and hearing or publication
j) Construction of administrative rules and regulations
k) Prospective or retroactive operation of rules and regulation
l) Amendment or repeal of administrative rules and regulations
m) Administrative rule and interpretation distinguished
n) Kinds of executive interpretations of the law
o) Weight accorded to contemporaneous construction
p) When contemporaneous construction disregard
q) Erroneous construction creates no right; exception

 Quasi-Judicial Power (Adjudicatory)

a. Definition
b. Distinguished from quasi-legislative functions
c. Jurisdiction
d. Administrative Due Process

Administrative Procedure (1987 Administrative Code, Book VII)

a. Definition of "contested case"


b. Institution of proceedings
c. Forum shopping
d. Acquisition of jurisdiction of quasi-judicial agency
e. Default in administrative case
f. Hearing
g. Subpoena
h. Contempt power
i. Evidence
e. Due Process in Quasi-Judicial Proceedings Generally

f. Cardinal Primary Requirements of Due Process


g. Administrative Appeal and Review

Administrative procedure

 Generally
 Rules subject to Supreme Court modification
 Technical rules not applicable

h. Administrative Res Judicata


• Definition
• Exceptions

 Fact-Finding, Investigative, Licensing, and Rate-Fixing

IV. JUDICIAL RECOURSE AND REVIEW

 Doctrine of Primary Administrative Jurisdiction

a. Definition

 Doctrine of Exhaustion of Administrative Remedies

a. Definition
b. Exceptions

 Doctrine of Finality of Administrative Action

PART B. LAW ON PUBLIC OFFICERS

A. General principles
B. Modes of acquiring title to public office
C. Modes and kinds of appointment
D. Eligibility and qualification requirements
E. Disabilities and inhibitions of public officers
F. Powers and duties of public officers
G. Rights of public officers
H. Liabilities of public officers
a. Preventive suspension and back salaries
b. Illegal dismissal, reinstatement and back salaries
I. Immunity of public officers
J. De facto officers
K. Termination of official relation
L. The civil service
1. Scope
2. Appointments to the civil service
3. Personnel actions

M. Accountability of public officers


1. Impeachment
2. Ombudsman
a) Functions
b) Judicial review in administrative proceedings
c) Judicial review in penal proceedings
3. Sandiganbayan
4. Ill-gotten wealth

N. Term limits

PART C. ELECTION LAW

A. Suffrage

1. Defined
2. Article V, 1987 Constitution
3. Kinds of Election

B. COMELEC

1. Art. IX-C, 1987 Constitution


2. Composition, Qualification, Appointment and Terms of Office
3. En Banc and Division Cases
4. Powers and Functions of the Comelec
5. Jurisdiction of the Comelec and Period to Decide

C. Qualification and disqualification of voters

1. Section 9, RA No. 8189


2. Section 11, RA No. 8189

D. Registration of voters

1. Continuing registration under Section 8, RA No. 8189


2. Registration ban
3. Double registration
4. Challenges to right to register
5. Mandatory Biometrics Voters Registration Act (RA No. 10367)
6. Magna Carta for Persons with Disability (RA NO. 10366)
7. Voter’s Identification Card
8. Deactivation, Reactivation and Cancellation of Registration

E. Inclusion and exclusion proceedings

1. Jurisdiction
2. Period for filing
3. Annulment of Book of Voters

F. Absentee Voting

1. Republic Act No. 7166


2. Republic Act No. 9189
3. Absentee Voting for Members of Media (RA No. 10380)

G. Political parties

1. Definition
2. Registration
3. Party-List System Act (RA No. 7941)
4. Jurisdiction of the Comelec over political parties

H. Candidacy

1. Qualifications of candidates
2. Filing of certificates of candidacy
a) Effect of filing
b) Substitution of candidates
c) Ministerial duty of COMELEC to receive certificate
d) Nuisance candidates
e) Petition to deny or cancel certificates of candidacy
f) Effect of disqualification
g) Withdrawal of candidates

I. Campaign

1. Definition
2. Election Period
3. Premature campaigning
4. Prohibited contributions
5. Lawful and prohibited election propaganda
6. Limitations on expenses
7. Statement of contributions and expenses
J. Board of Election Inspectors and Board of Canvassers

1. Composition
2. Powers

K. Remedies and jurisdiction in election law

1. Petition not to give due course to certificate of candidacy


2. Petition to declare failure of elections
3. Pre-proclamation controversy
4. Election protest
5. Quo warranto

L. Prosecution of election offenses