Assignment No.
1
Law on Public Officers
STUDY THE FOLLOWING FOR CLASS RECITATION AND POSSIBLE QUIZ ON AUGUST 9
1. ADMINISTRATIVE LAW
a) Definition
b) Kinds
c) Administration
1. Meaning
2. Distinguished from government
3. Kinds
2. ADMINISTRATIVE BODIES AND AGENCIES
a) Definition
b) Creation and Abolition
c) Criterion
d) Types
e) Reasons for creation of admin agencies
3. POWERS OF ADMINISTRATIVE AGENCIES/Bodies
A. Powers of Administrative Bodies.
1. Quasi-legislative or rule-making power;
2. Quasi-judicial or adjudicatory power; and
3. Determinative powers
B. Quasi-legislative power.
1. Nature.
2. Kinds of Administrative Rules or Regulations
3. Requisites for validity:
4. Administrative rules with penal sanctions; additional requisites.
5. Necessity for notice and hearing.
C. Determinative Powers.
D. Quasi-judicial or adjudicatory power.
1. Proceedings partake of the character of judicial proceedings.
2. Administrative due process
3. Administrative determinations where notice and hearing are not
necessary for due process.
4. Right against self-incrimination.
5. Power to punish contempt
6. Administrative decisions not part of the legal system.
7. Administrative Appeal and Review.
8. Doctrine of res judicata.
E. Express and Implied powers
F. Ministerial and Discretionary powers
G. Mandatory and Permissive Duties and Powers
I. Errors in the exercise of powers, effect
J.
4. CASES:
1. Ang Tibay vs. Court of Industrial Relations, G.R. No. 46496, February 27, 1940
1
2. MEWAP (Malaria Employees and Workers Assoc of the Phils.) et al vs. Hon.
Exec. Sec. Romulo, et al, GR No. 160093, July 31, 2007;
3. Prospero Pichay, Jr., vs. Office of the Deputy Exec. Sec. for Legal Affairs, GR
No. 196425, July 24, 2012;
4. BIRAOGO v. Phil. Truth Commission of 2010, G.R. No. 192935, 193036 (2010);
5. Cabungcal vs. Lorenzo, GR. No. 160367, Dec 18, 2009;
6. Ombudsman vs. De Sahagun et al, GR. No. 167982, August 13, 2008;
7. Phil. Gamefowl Commission et al vs. IAC, GR No. 72769-70, Dec 17, 1986;
8. City of Davao vs. Intestate Estate of Amado Dalisay, GR No. 207791, July 15,
2015;
9. COCOFED v. Republic, G.R. Nos. 177857-58, October 05, 2016