COURSE SYLLABUS
ADMINISTRATIVE LAW,
COURSE TITLE: LAW ON PUBLIC OFFICERS SECTION:
AND ELECTION LAW
NO. OF UNITS: THREE (3) JD2A
SEMESTER/SY : 2ND SEM/ 2019 - 2020
Monday & Wednesday
PRE-REQUISITE : CONSTITUTIONAL LAW I & II 8:00 – 9:30 PM
I. COURSE DESCRIPTION AND OBJECTIVES
The course will begin with the development of the law and proceed with the various principles used
by administrative agencies in the performance of their functions. It shall focus principally on the
powers exercised by an administrative agency, namely: investigatory, rule-making and adjudicatory, as
provided in the Revised Administrative Code of the Philippines and the availability of Judicial relief.
Thereafter the course will deal with the various laws and doctrines governing Public Officers, from
commencement of official relation until the end of the official relation. The course shall then move
to the study of Election Laws, Principles and current Jurisprudence with emphasis on the powers &
functions of the COMELEC, registration of voters & candidates, campaign & election propaganda,
political parties, canvass & proclamation, contested elections, and election offenses.
Learning Outcomes
Upon completion of this course, students will be able to:
• Define the nature, organization, functions, and powers of administrative agencies and, the
rules and proceedings governing them;
• Identify the importance of public officers by understanding the importance and
responsibilities attached to said offices;
• Understand the process of elections and its vital role in shaping the Philippine government;
• Assess the current state of administrative agencies and government units using the knowledge
obtained from the course.
Methodology
The course will employ the Socratic method as the primary method of instruction, to develop the
students’ power of analysis, reasoning, and facility of expression. The students will be answering a
series of questions, based on assigned legal provisions, court decisions and other readings, to stimulate
critical thinking and enhance their communication and argumentation skills. There will also be a quiz
every week to test the students’ retention of all their lessons and their skill in finding relations with all
lessons throughout the course.
II. COURSE OUTLINE
WEEK/SESSION TOPIC
Week 1 ADMINISTRATIVE LAW
I. INTRODUCTION
A. Origin and Development of Administrative Law
1. Recognition as a Distinct Category of Law
2. Growth and Utilization of Administrative Agencies
B. Administration as a Separate Power – as an Organization
II. NATURE AND ORGANIZATION OF ADMINISTRATIVE
AGENCIES
A. Creation, Reorganization, and Abolition of Administrative
Agencies
B. Meaning of Administrative Agencies
C. Main Characteristics of Administrative Agencies
1. Consequences of Characteristics
2. Delegation of Function and Authority
D. Administrative Organization
1. Distribution of Powers of Government
2. The Executive Power
3. Doctrine of Political Agency
E. Definition of Administrative Relationship
1. Attachment
2. Career Executive Service Board(CESB)
III. POWERS AND FUNCTIONS OF ADMINISTRATIVE
AGENCIES
A. Source of Powers
B. Nature of Powers
C. What Constitutes Administrative Power or Administrative
Function
D. Investigatory Powers
1. Generally
2. Scope and Extent of Powers
E. Right to Counsel in Administrative Investigations
F. Quasi-Legislative (rule-making) Power
1. Generally
2. Legislation on the Administrative Level
3. Limitations on the Rule-Making Power
Week 2 4. Requirements and Reasonableness
5. Penal Rules and Regulations
6. Principles of Administrative Construction
7. Formal Requirements of the Promulgations, etc. of Rules and
Regulations
8. Requirements of Notice and Hearing or Publication
G. Quasi-Judicial (adjudicatory) Power
IV. SEPARATION OF ADMINISTRATIVE POWERS AND
OTHER POWERS
A. Doctrine of Non-delegation of Powers
B. Doctrine of Non-delegation of Powers not Absolute
1. Requisites for Delegation
C. Sufficiency of Standards
Week 3 V. ADMINISTRATIVE PROCEEDINGS
A. Character of Administrative Proceedings
B. Jurisdiction in Administrative Proceedings
C. Procedure to be Followed in Administrative Proceedings
D. Due Process of Law in Administrative Adjudication
E. Requisites of Administrative Due Process
F. Necessity for Notice and Hearing
G. Sufficiency of Notice
H. Applicability of Rules Governing Judicial Proceedings
I. Decisions or Orders in Administrative Proceedings
J. Application of the Doctrine of Res Judicata
K. Enforcement of Administrative Determinations
Week 4 VI. JUDICIAL REVIEW OF, OR RELIEF AGAINST
ADMINISTRATIVE ACTIONS
A. Right to Judicial Review
B. Administrative Finding and Constructions Generally Conclusive
C. Doctrine of Primary Jurisdiction
D. Doctrine of Exhaustion of Administrative Remedies
E. Legal and Practical Reasons for Doctrine of Exhaustion of
Administrative Remedies
F. Exceptions to the Doctrine of Exhaustion of Administrative
Remedies
G. Exhaustion of Administrative Remedies Doctrine and Primary
Jurisdiction Doctrine Distinguished
H. Relation between Doctrine of Exhaustion of Administrative
Remedies and Due Process Concept
I. Scope and Extent of Judicial Review
J. Questions Open to Review
1. Questions of Law
2. Questions of Fact
Week 5 K. Grounds which would warrant Reversal of Administrative
Findings
L. Hierarchy of Evidentiary Rules
M. When Substantial Evidence Rule not Applicable
N. Liability of Administrative Agencies and Officers
PUBLIC OFFICERS
VII. DEFINITIONS, DISTINCTIONS,
CLASSIFICATIONS
A. Public Office as a Public Trust
B. Public Office, not Property
C. Public Office, not Contract
VIII. ELIGIBILITY AND QUALIFICATIONS
A. Time of Possession of Qualifications
B. Qualifications Usually Required of Public Officers
C. Qualifications Prescribed by Law for Certain Officer
IX. ACQUISITION OF RIGHT OR TITLE TO OFFICE
A. Power to Appoint is Discretionary
B. Revocation of Appointment
C. Temporary of Acting Appointments
D. Designations
E. Classes of Positions in the Career Service
Week 6 F. Kinds of Appointment in the Career Service
G. Approval/Recall of Appointment by the Civil Service Commission
H. Vacancy
1. Appointment to a Non-vacant Position
I. Qualifying to Office/Qualification (as an act) to an office
J. Necessity of Oath of Office
K. De Facto Officer Defined
L. Officer De Facto and Usurper Distinguished
M. Right to Compensations of a De Facto Officer
X. POWERS, DUTIES, AND NORMS OF CONDUCT
A. Classification of Powers and Duties
B. Norms of Conduct of Public Officials and Employees
XI. RIGHT AND PRIVILEGES OF PUBLIC OFFICERS
A. Right to Compensation
1. Forms of Compensation Defined and Distinguished
2. Basis of Right to Compensation
3. Prohibition against Diminution of Salary
4. Prohibition against Receiving Additional, Double, or Indirect
Compensation
Week 7 B. Other Rights
1. Rights under the Civil Service Decree and the new
Administrative Code
2. Personnel Actions
3. Nature and Purpose of Pension
4. Construction of Retirement Laws
5. Right to Reinstatement and Back Salary
XII. DISABILITIES AND INHIBITIONS OF PUBLIC
OFFICERS
A. Under Existing Laws
1. Prohibited Acts and Transactions Under the Anti-Graft and
Corrupt Practice Act
2. Prohibited Acts and Transactions Under the Code of Conduct
and Ethical Standards
XIII. LIABILITIES OF PUBLIC OFFICERS
A. In General
1. Official Immunity not Absolute
2. Criminal and Civil Cases Different from Administrative
Matters
3. Proceedings against Public Officers
B. Civil Liability
1. Requisites for Recovery of Damages Arising from Acts of
Public Officers
2. Liability of Members of the Judiciary for Official Acts
3. Liability of Ministerial Officers for Official Acts
4. Liability of Superior Officer for Acts of Subordinates
Week 8 5. Liability of Unexplained Wealth
6. Liability of Public Officer Who Signs or Initials Documents
C. Criminal Liability
1. Crimes Peculiar to Certain Public Officers
2. Revised Penal Code
3. Accused’s Lack of Care May be a Ground for Administrative
Action Only
XIV. TERMINATION OF OFFICIAL RELATIONS
A. Acts or Neglect of Officer
1. By Resignation
2. Meaning of Resignation
3. What Constitutes Resignation
4. When there is Abandonment of Office
5. Abandonment and Resignation Distinguished
B. Acts of Government or of the People
1. What Constitutes Removal
2. Transfer to Another Office
3. Demotion
4. Reassignment
5. Civil Service Officers and Employees Entitle to Security of
Tenure
6. Grounds for Removal or Suspension under the Constitution
7. Grounds for Disciplinary Action under the Local Government
Code
8. Grounds for Disciplinary Action under the Civil Service Law
9. Misconduct in Office
i. Related to, and Connected with, Performance of Official
Duties
ii. Committed during a Prior Term
iii. Not Work Related or Committed in the Course of
Performance of Duty
iv. Proved by Substantial Evidence
v. Conduct Unbecoming of a Police Officer
10. Grounds for Disciplinary Action under the Code of Conduct
and Ethical Standards
Week 9 11. Disciplinary Jurisdiction of the Civil Service Commission
12. Appeal by “party adversely affected by the decision”
13. Cessation from Office of Respondent
14. Preventive Suspension
15. Removal and Suspension Distinguished
16. Penalties for Grave Offenses
17. Penalties for Less Grave Offenses
18. Penalties for Light Offenses
19. Removal of Administrative Penalties or Disabilities
20. The Sandiganbayan
21. The Ombudsman
22. Termination through Reorganization
23. Recall of Local Effective Officials
ELECTION LAW
XV. GENERAL ELECTION PRINCIPLES
A. Scope of Suffrage
B. Object of Suffrage and Election Laws
XVI. COMMISSION ON ELECTIONS
A. Enforce Laws Relative to Conduct of Elections, etc.
B. Decide Election Contests
Week 10 C. Decide All Questions Affecting Elections
D. Finality of Decision
E. Hearing of Election Cases
F. Rendition of Decision and Judicial Review
G. Rules of Procedure
H. Votes Required before Rendition of Decision
XVII. REQUIREMENTS BEFORE ELECTION
A. Registration
1. Necessity of Registration
2. Qualifications of a Voter
B. Precincts and Polling Places
1. Election Precincts
C. Certificates of Candidacy
1. Meaning of Certificate of Candidacy
2. Filing of Certificate of Candidacy
3. Importance of a Valid Certificate of Candidacy
4. Withdrawal of Certificate of Candidacy
5. Automatic Registration
6. Candidates in Case of Death, Disqualifications, or Withdrawal
of Another
7. Petition to Deny Due Course to or Cancel a Certificate of
Candidacy
8. Material and False Representation in the Certificate
9. Remedy where Candidate has been Proclaimed
10. Disqualifications
11. Effect of Disqualification Case
XVIII. ELECTION CAMPAIGN AND EXPENDITURE
A. Campaign and Election Propaganda
1. Equal Access to Media Time and Space
Week 11 B. Electoral Contributions and Expenditures
1. Statement of Contributions and Expenditures
C. Political Parties
1. Meaning of Political Party under the Omnibus Election Code
2. Disputes as to Party Nominations
3. The Party-List System
XIX. THE ELECTION
A. Preliminary Considerations
1. Kinds of Elections
2. Purpose of Election
3. Construction of Election Laws
4. Notice of the Election
5. Failure of Election
B. Casting of Votes
1. Ballot Implies Secrecy
2. Voting
C. Counting of Votes
1. Composition and Appointment of Board of Election
Inspectors(BEI)
2. Determination of Marked Ballots
3. Instance of Marked Ballots
4. Instances where Ballots not Considered Marked
5. Manner of Counting Votes
6. Number of Copies of Election Returns and their Distribution
7. Rules for Appreciation of Ballots
Week 12 D. Canvass and Proclamation
1. Nature of Duties of Board of Canvassers
2. Findings of Board of Canvassers not Conclusive
XX. CONTESTED ELECTIONS
A. Meaning of Pre-Proclamation Controversy
B. Exclusive Jurisdiction of Commission on Elections
C. Summary Hearing of Pre-Proclamation Controversies
D. Issues that may be Raised in a Pre-Proclamation Controversy
E. Where Election Return on their Face are Regular and Authentic
F. Scope of Pre-Proclamation Controversy
G. Suspension of Proclamation and Filing of Election Protest
H. Distinction between an Action for Declaration of Failure of
Election and a Pre-Proclamation Controversy
I. Remedy after Winning Candidate has been Proclaimed
J. Procedure in Disposition of Contested Election Returns
K. Ruling by Board of Canvassers on Objections
L. Pre-Proclamation Cases
M. Effect of Filing an Election Protest or a Petition for Quo Warranto
N. Institution of Election Contest
O. Election Contest Imbued with Public Interest
P. Effects of Demurrer to Evidence of Protestant
Q. Jurisdiction over Election Contest
R. Execution Pending Appeal in Election Protest Cases
S. Irregularities Affecting Election
Week 13 XXI. ELECTION OFFENSES
A. Jurisdiction to Investigate and Prosecute Election Offenses
B. Criminal and Electoral Aspects of an Election Offense
C. Grant of Transactional Immunity
D. Threats, Intimidation, Terrorism, Use of Fraudulent Device or
Other Forms of Coercion
E. Transfer of Officers and Employees in the Civil Service
F. Carrying of Deadly Weapons within Prohibited Area
G. Penalties
H. Conviction and Pardon as Affecting Eligibility
I. Investigation and Prosecution
J. Prescription
K. Jurisdiction of Courts
III. REFERENCES AND OTHER MATERIALS
Principal References:
Topical
Required Readings/Assignments
Reference
1) Pangasinan Transportation Company v. Manila Railroad Company (G.R.
I.A.1 No. 41471, September 15, 1934)
(Week 1)
2) Christian General Assembly, Inc. v. Ignacio (597 SCRA 266, 2009)
I.A.2
3) United States v. Dorr (2 Phil. 332, 1903)
I.B
II.A 4) Dario v. Mison (176 SCRA, 1989)
5) MMDA v. Garin (G.R. No. 130230, April 15, 2005)
6) Domingo v. Zamora (G.R. No. 142283, February 6, 2003)
7) Bagaoisan v. NTA (G.R. No. 152845, August 5, 2003)
8) United Residents of Dominican Hills, Inc. v. Commission on the
II.B Settlement of Land Problems (353 SCRA 782, March 7, 2001)
9) Padua v. Ranada (390 SCRA 663, 2002)
II.C
10) Joson v. Executive Secretary(290 SCRA 279, 1998)
II.D
11) Beja, Sr. v. Court of Appeals (207 SCRA 689, 1992)
II.E.1
12) Eugenio v. Civil Service Commission(242 SCRA 196, 1995)
II.E.2
13) Soriano v. Laguardia (587 SCRA 79, 2009)
III.
14) Hijo Plantation Inc., v. Central Bank (164 SCRA 192, 1988)
III.A
15) Vda. de Herrera v. Bernardo (650 SCRA 87, 2011)
III.B
16) In Re Rodolfo U. Manzano.(166 SCRA 246, 1988)
III.C
17) Montemayor v. Bundalin (405 SCRA 264, 2003)
III.D.1
18) Department of Health v. Camposario (457 SCRA 438, 2005)
III.D.2
19) Gaoiran v. Alcala(444 SCRA 428, 2005)
20) Lumiqued v. Exevea (282 SCRA 125, 1997)
III.E
21) Remolona v. Civil Service Commission(362 SCRA 304, 2001)
22) Pharmaceutical and Health Care Association of the Philippines v.
Duque, III (535 SCRA 265, 2007)
III.F.1
23) Department of Agrarian Reform v. Sutton (473 SCRA 392, 2006)
24) Realty Exchange Venture Corporation v. Sendino (233 SCRA 665, 1994)
III.F.2
25) Philippine International Trading Corporation v. Commission on
Audit (416 SCRA 245, 2003)
26) MCC Industrial Sales Corporation v. Ssangyong Corporation (536
III.F.3 SCRA 408, 2007)
27) Office of the Solicitor General v. Ayala Land, Inc.(600 SCRA 617,
2008)
28) Executive Secretary v. Southwing Heavy Industries, Inc. (482 SCRA 673,
III.F.4 2006)
(Week 2) 29) Dagan v. Philippine Racing Commission (578 SCRA 585, 2009)
30) Perez v. LPG Refillers Association of the Philippine, Inc. (492
III.F.5
SCRA 638, 2006)
31) Eastern Telecommunications Philippines, Inc. v. International
Communication Corporation (481 SCRA 163, 2006)
III.F.6
32) Securities and Exchange Commission(SEC) v. PICOP Resources,
Inc.(566 SCRA 451, 2008)
33) Republic v. Pilipinas Shell Petroleum Corporation (550 SCRA 680,
2008)
III.F.7
34) GMA Network, Inc. v. Movie and Television Review and
Classification Board(514 SCRA 191, 2007)
35) Abella, Jr., v. Civil Service Commission (442 SCRA 507, 2004)
III.F.8
36) Yu v. Orchard Golf and Country Club, Inc.(517 SCRA 169, 2007)
37) Metropolitan Bank & Trust Co., Inc. v. National Wages
Productivity Commission (514 SCRA 36, 2007)
III.G
38) Distileria Limtuaco & Co., Inc. v. Advertising Board of the
Philippines(572 SCRA 455, 2008)
