ADMINISTRATIVE LAW (NEW ERA UNIVERSITY COLLEGE OF LAW) ASSIGNMENT FOR JANUARY 27, 2017


ADMINISTRATIVE LAW (NEW ERA UNIVERSITY COLLEGE OF LAW) ASSIGNMENT FOR JANUARY 27, 2017

I. STATUTORY ANCHOR

  1. Administrative Law defined
  1. Legal basis

Executive Order No. 292 instituting the “Administrative Code of 1987;” signed into law on July 25, 1987

  1. Rationale for the enactment of the new Administrative Code; preambular clauses of the law

 

II. THE GOVERNMENT

  1. General terms
  1. Sovereignty and general administration
  1. The people of the Philippines
  • Concept of citizenship

Tecson vs. Comelec, GR 161434,March 03, 2004, 424 SCRA 277

  • Jus soli principle
  • Jus sanguinis principle
  • Filipino citizens

Bengson III vs. HRET, GR142840 , May 07, 2001, 357 SCRA 545

Section 2, Article IV, 1987 Constitution

Tabasa v. CA, GR 125793. Aug. 29, 2006

  • Loss and reacquisition of citizenship

Maquiling v. Comelec, GR 195649, April 16, 2013, 696 SCRA 420

  • Dual allegiance vs. Dual citizenship

Republic Act No. 9225

Mercado v. Manzano, GR 135083. May 26, 1999, 307 SCRA 630

  1. State immunity from suit
  • Non-suability of the State
  • State’s responsibility for the acts of its agents
  1. National symbols and official languages

Republic Act No. 8491or the “Flag and Heraldic Code of the Philippines.”

  • National flag
  • National anthem

Republic Act No. 1265

Ebralinag vs. The Division Superintendent of Schools of Cebu, GR  95770, March 01, 1993, 219 SCRA 256

  • Arms and Great Seal of the Republic

Article 161 of the Revised Penal Code

  • Use and custody of Great Seal
  • Arms, seals and banners of government offices
  • Official languages

III. GENERAL PRINCIPLES

  1. Scope of Administrative Law

Administrative law embraces all the law that controls, or is intended to control, the administrative operations of the government.

  1. Sources of Administrative Law

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

  • Constitution or statutory enactments

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

  • Decisions of courts interpreting the charters of administrative bodies
  • Rules and regulations issued by the administrative bodies

e.g. Omnibus Rules Implementing the Labor Code.

  • Determinations and orders of the administrative bodies in the settlement of controversies

Cases:

  1. Leveriza v. IAC, GR L-66614, Jan. 25, 1988, 157 SCRA 282
  2. Malagas v. Penachos, Jr., GR 86695, Sept. 3, 1992, 213 SCRA 516
  3. Mecano v. COA, GR , 103982, Dec. 11, 1992, 216 SCRA 500
  4. Preclaro v. Sandiganbayan, GR , 111091, Aug. 21, 1995, 247 SCRA 454
  5. Luzon Dev. Bank v. Association of Luzon Dev. Bank Employees, GR 120319, Oct. 6, 1995, 249 SCRA 162
  6. Iron and Steel Authority v. CA, GR 102976, Oct. 25, 1995, 249 SCRA 538
  7. Balicas v. FFIB, Office of the Ombudsman, GR 145972, Mar. 23, 2004, 426 SCRA 194

Natural-born Citizen


Natural-born Citizen. – Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with the Constitution shall be deemed natural-born citizens.

The People of the Philippines


The following are the citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of the Constitution;

(2) Those whose fathers or mothers are citizens of the Philippines;

(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship, unless by the act or omission they are deemed, under the law, to have renounced it.

(4) Those who are naturalized in accordance with law.

National Territory


The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.