ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS & ELECTION LAW (NEW ERA UNIVERSITY COLLEGE OF LAW) ASSIGNMENT FOR FEBRUARY 24, 2017


ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS & ELECTION LAW (NEW ERA UNIVERSITY COLLEGE OF LAW) ASSIGNMENT FOR FEBRUARY 24, 2017

V. POWER OF ADMINISTRATIVE AGENCIES

  1. General Principles

Cases:

Makati Stock Exchange, Inc. v. Securities and Exchange Commission, 16 SCRA 623 (1965)

Matienzo v. Abellera, 162 SCRA 11 (1988)

Kilusang Bayan, etc. v. Dominguez, 205 SCRA 92 (1992)

Radio Communications of the Phils., v. National Telecommunications Commission, 215 SCRA 455 (1992)

Laguna Lake Development Authority v. Court of Appeals, 49 SCAD 649 or 231 SCRA 292 (1994)

Cooperative Development Authority v. Dolefil Agrarian Reform Beneficiaries Cooperative, Inc., 382 SCRA 552 (2002)

Senator Robert S. Jaworksi v. PAGCOR, G.R. No. 144463, January 14, 2004

  1. Quasi-Legislative Power (Rule-Making)
  2. Legislative power
  3. Doctrine of Separation of Powers
  4. Non-delegation of legislative power
  5. Exceptions to the doctrine of non-delegation of legislative power

Cases:

  • US v. Barrias, 11 Phil. 327 (1908)
  • People v. Vera, 65 Phil 327 (1937)
  • Eastern Shipping Lines, Inc. v. POEA, 166 SCRA 533 (1988)
  • Rabor v. CSC, 61 SCAD 569 or 244 SCRA 614 (1995)
  • Re: Entitlement to Hazard Pay of SC Medical and Dental Clinic Personnel, A.M. No. 03-9-02-SC, Nov. 27, 2008

7. Kinds of Administrative Rules and Regulations

8. Supplementary or detailed legislation

9. Interpretative legislation

10. Contingent legislation

Cases:

  • BPI Leasing v. Court of Appeals, G.R. No. 127624, Nov. 18, 2003
  • ABAKADA Guro Party List v. Purisima, G.R. No. 166715, August 14, 2008
  • Gutierrez v. DBM, G.R. No. 153266, March 18, 2010
  • Board of Trustees v. Velasco, G.R. No. 170436, February 2, 2011
  1. Requisites for Validity of Administrative Rules and Regulations

Cases:

  • Conte v. Commission on Audit, 76 SCAD 16 or 264 SCRA 19 (1996)
  • Smart Communications Inc., v. NTC, G.R. No. 151908, August 12, 2003
  • Dagan v. Philippine Racing Commission, G.R. No. 175220, February 12, 2009

ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS & ELECTION LAW (NEW ERA UNIVERSITY COLLEGE OF LAW) ASSIGNMENT FOR FEBRUARY 17, 2017


ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS & ELECTION LAW (NEW ERA UNIVERSITY COLLEGE OF LAW) ASSIGNMENT FOR FEBRUARY 17, 2017

ADMINISTRATIVE AGENCIES

  1. Creation, Establishment and Abolition of Administrative Agencies

Cases:

  1. Reorganization of Administrative Agencies

Continuing Authority of the President to Reorganize

Cases:

Power of other agencies to reorganize; limitations

Cases:

  1. Rationale and purpose for the creation of administrative agencies

Cases:

President’s power to reorganize; basis


President’s power to reorganize; basis

The President has Continuing Authority to Reorganize the Executive Department under E.O. 292.

Section 31 of Executive Order No. 292 (E.O. 292), otherwise known as the Administrative Code of 1987, vests in the President the continuing authority to reorganize the offices under him in order to achieve simplicity, economy and efficiency. E.O. 292 sanctions the following actions undertaken for such purpose:

(1)Restructure the internal organization of the Office of the President Proper, including the immediate Offices, the Presidential Special Assistants/Advisers System and the Common Staff Support System, by abolishing, consolidating, or merging units thereof or transferring functions from one unit to another;

(2)Transfer any function under the Office of the President to any other Department or Agency as well as transfer functions to the Office of the President from other Departments and Agencies; and

(3)Transfer any agency under the Office of the President to any other Department or Agency as well as transfer agencies to the Office of the President from other departments or agencies (Section 31, Chapter 10, Book III of E.O. No. 292).

Likewise, Presidential Decree (PD) No. 1416 (Granting Continuing Authority to the President of the Philippines to Reorganize the National Government), as amended by PD 1722, provides that the President of the Philippines shall have continuing authority to reorganize the administrative structure of the National Government and (he) may, at his discretion, create, abolish, group, consolidate, merge or integrate entities, agencies, instrumentalities and units of the National Government, as well as, expand, amend, change or otherwise modify their powers, functions and authorities

Reorganization defined


Reorganization defined

Reorganization is the process of restructuring the bureaucracy’s organizational and functional set-up, to make it more viable in terms of the economy, efficiency, effectiveness and make it more responsive to the needs of its public clientele as authorized by law. It is also a means used by the legislature to reorganize or abolish offices which it may do so by law directly or indirectly by authorizing an executive department or agency to reorganize the office.

One of the civil service reform strategies that has been adopted and applied by the

Philippine government is reorganization. The assumption is that government or the

bureaucracy has become very inefficient and ineffective because of its size. Others would

contend that it has become bloated with so many personnel who cost much and did little.

This has led to the effort of reducing the size of the bureaucracy by abolishing structures

or units that are seen to be non-functional in terms of the vision and mission of the

organization; by merging offices or units to avoid duplication of functions and thus

reduce cost; or by creating units or offices that would cater particularly to specific

concerns and needs of the clients.

Restructuring the bureaucracy could also involve decentralizing certain functions

to the regional or field level to increase responsibility, accountability and responsiveness

to the local clients or community.

In view of the reorganization efforts, public agencies necessarily would have to

reduce the number of staff especially those who occupy positions that are declared to be

redundant or non-functional in line with the redefined vision and mission of the

organization. This emphasizes the need for a forecast of strategic objectives that would

prescribe targets for the numbers and kinds of personnel required to perform the new and

old functions of the agency. Unfortunately, experience would show that not many public

agencies have made use of the strategic exercise.

The reorganization efforts could also result in the transfer or redeployment of

personnel that could lead to the lowering of morale and motivation levels of the

employees. Moreover, without proper preparation of the personnel to assume new

positions or jobs in terms of acquisition of the necessary skills and knowledge, they could

possibly end up as “square pegs in a round hole”. This could give rise to discontent and

dissatisfaction, which oftentimes could result in non-performance or poor performance of

functions and responsibilities among the staff.

5

Restructuring could be seen as a costly exercise because the government should

be ready with the provision of “safety nets” to the employees who would be displaced by

the reorganization. These “safety nets” necessarily entail costs. For instance, the

government could offer attractive early retirement schemes; financial incentives to leave

the public sector jobs; or it could offer reemployment to the public sector in case there is

a need for their services after the restructuring process.

Reorganization as an improvement strategy strongly conveys the fact that the

employees or the human resources of the public agency take center stage in the civil

service reforms. The introduction of this reform strategy has various implications for

HRD that have to be addressed to be successful in the efforts toward improving quality

and productivity in the public service.

Sources of Administrative Law


Sources of Administrative Law

Administrative law is derived from four sources or is of four (4) kinds:

  1. Constitution or statutory enactments

e.g. Social Security Act which established the Social Security Commission.

2. Decisions of courts interpreting the charters of administrative bodies

3. Rules and regulations issued by the administrative bodies

e.g. Omnibus Rules Implementing the Labor Code.

4. Determinations and orders of the administrative bodies in the settlement of controversies

SCOPE OF ADMINISTRATIVE LAW


SCOPE OF ADMINISTRATIVE LAW:

Administrative law determines the organization, powers and duties of administrative authorities. The emphasis of Administrative Law is on procedures for formal adjudication based on the principles of natural justice and for rule-making.

The concept of Administrative Law is founded on the following principles:
a) Power is conferred on the administration by law
b) No power is absolute or uncontrolled howsoever broad the nature of the same might be.
c) There should be reasonable restrictions on exercise of such powers depending on the situation.

Though administrative law is as old as administration itself since they cannot exist separately,in India the early signs/existence of administrative law could be found in the treatises written during the reign of the Mauryas,Guptas,Mughals as well as East India Company(modern administrative law).

It is based on the concept of rule of law that supports Natural Justice (to adjudicate based on impartiality,unjustness and the prescribed laws and legal methods instead of arbitrariness and abuse of official power on the part of govt. while serving the people and deciding cases brought before its Tribunals,etc. Natural justice is basically applied in cases where there are no laws prescribed,here the individual has to be given an opportunity to be heard and the judgement is to be taken into consideration the particular facts and cases of the case and the judgement should be free from bias). It is to prevent violation of people’s rights by officials in power.

Administrative law specifies the rights and liabilities of private individuals in their dealings with public officials and also specifies the procedures  by which those rights and liabilities can be enforced by those private individuals. It provides accountability and responsibility in the administrative functioning. Also there are specified laws and rules and regulations that guide and direct the internal administration relations like hierarchy,division of labour,etc.

ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS & ELECTION LAW (NEW ERA UNIVERSITY COLLEGE OF LAW) ASSIGNMENT FOR FEBRUARY 10, 2017


ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS & ELECTION LAW (NEW ERA UNIVERSITY COLLEGE OF LAW) ASSIGNMENT FOR FEBRUARY 10, 2017

GENERAL PRINCIPLES

 

  1. Scope of Administrative Law
  2. Sources of Administrative Law

Cases:

  • ADMINISTRATIVE AGENCIES

 

  1. Creation, Establishment and Abolition of Administrative Agencies

Cases:

 

Reorganization of Administrative Agencies

  1. Definition of Reorganization
  2. President’s power to reorganize; basis
  3. Power of other agencies to reorganize; limitations

Cases: