Beruflich Dokumente
Kultur Dokumente
COLLEGE OF LAW
(CAVITE CAMPUS)
COURSE DESCRIPTION: The course will first cover development and application of principles
and doctrine governing administrative agencies with rule making and adjudicative functions;
then it will consider the laws and principles applicable to public officers; and finally, it will
examine the law regulating the conduct of elections and the law on pre-proclamation
contests and election protests.
GENERAL INSTRUCTIONS:
a. Students must come to class prepared to recite the assignments for the day.
Soft copies of the Supreme Court decisions may be downloaded from
http://sc.judiciary.gov.ph and www.lawphil.net.
b. The use of cellular phones is strictly prohibited during class. Cellular phones must
be turned off or placed in silent mode during class. If a student needs to attend
to an emergency call, he/she may do so outside the classroom.
c. Inquiries may be sent via email at attyeram@gmail.com
REFERENCE BOOKS:
GRADING SYSTEM:
Quizzes 10 %
Recitation 20 %
Midterm Exams 30 %
Final Exams 40 %
100 %
REQUIREMENTS:
1. Recitation – Every meeting or class day, students will be called randomly to recite on
the provisions or cases assigned for the day. In case the student is called, but he is
absent then he will be given a grade of “5” for that day. (Note: Reporting on a specific
topic will be conducted. The student’s grade in this activity would be included in this
portion).
2. Quizzes – Quizzes may be given on topics or cases assigned for the day or for topics
discussed in previous sessions. Generally, quizzes, surprise or otherwise, will be given at
the start of the class.
3. Mid-term exam – The Mid-term exam is a two (2) hour exam to be given on the date
assigned by the College for the class exam. It is a comprehensive exam testing the
ability of the student to apply the knowledge of the law in practical situations. It will also
include objective type of questions.
4. Final Exam – The final exam is a two (2) hour exam to be given on the date assigned by
the College for the class exam.
ADMINISTRATIVE LAW
I. GENERAL CONSIDERATIONS
1. Definition
2. Source
3. Test of Delegation
US v. Ang Tang Ho 43 Phil. 1
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4. Administrative Regulations
a. Kinds
i. Interpretative
ii. legislative
c. Penal Regulations
Pesigan v. Angeles 129 SCRA 174
SEC v. Universal Rightfield Property Holding, Inc. GR No. 181381 July 20, 2015
PCGG v. Pena 159 SCRA 556
Landbank v. Natividad 458 SCRA 441
Lopez v. Office of the Ombudsman 364 SCRA 569
United Residents of Dominican Hills v. Commission on the Settlement of Land
Problems 353 SCRA 782
DARAB v. Lubrica 457 SCRA 800
Carino v. Comm. On Human Rights 204 SCRA 483
Magpale v. CSC 251 SCRA 398
2. Rules of Procedure
Angara v. Electoral Commission 63 Phil. 139
Philippine Lawyers Association v. Agrava 105 Phil. 173
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Manalo v. Roldan-Confesor 215 SCRA 808
Dumarpa v. Dimaporo 177 SCRA 478
Bedol v. Comelec GR No. 179830 Dec 3, 2009
b. Enforcement of Decision
Civil Aeronautics Board v. Philippine Air Lines 63 SCRA 524
c. Res Judicata
San Luis v. CA 174 SCRA 258
6. JUDICIAL REVIEW
a. General Rule
PNOC v. CA 457 SCRA 32
Cagas v. Comelec GR No. 194139 Jan 24, 2012
a. Reasons
Information Technology Foundation v. Comelec 408 SCRA 141
Garcia v. CA 358 SCRA 416
Merida Water District v. Bacarro GR No. 165993 Sept 30, 2008
Gerona v. Datingaling 398 SCRA 148
b. Exceptions
Mun. of La Trinidad v. CFI of Baguio 123 SCRA 81
National Development Co. v. Collector of Customs 63 SCRA 193
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Carpio v. Executive Secretary 206 SCRA 290
Moran v. OP GR No. 192957 Sept 29, 2014
9. Effect of Non-Compliance
NDC v. Hervilla 151 SCRA 520
a. Question of Fact
Amigo Manufacturing Inc. v. Cluett Peabody Co., Inc. 354 SCRA 434
Samahan ng mga Manggawa sa Hyatt v. Bacungan GR No. 149050 March
25, 2009
b. Questions of Law
Asturias Sugar Central Inc. v. Comm. Of Customs 29 SCRA 617
PUBLIC OFFICERS
1. Definitions
2. Purpose & Nature
National Land Titles & Deeds Registration Administration v. CSC, 221 SCRA 145
3. Elements
4. Creation of Public Office
5. Kinds/Classifications
A. Selection
B. Qualification
A. Basis/Rationale
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B. Definition & Requisites
C. Effects
A. Objectives
B. Scope
C. Eligibility
D. Appointments
E. Personnel Actions
F. Discipline
G. Right to Self-Organization
4. Criminal Liability
• R.A. 6713
• R.A. 7160
A. Expiration of Term
B. Retirement
D. Resignation
F. Abandonment of Office
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Canonizado v. Aguirre, 351 SCRA 359 (2001)
H. Removal
Sangguniang Barangay of Barangay Don Mariano Marcos v. Martinez,
G.R. 170626, March 3, 2008
I. Impeachment
J. Abolition of Office
K. Conviction of crime
Garcia v. COA, 226 SCRA 356 (1993)
L. Recall
ELECTION LAW
I. SUFFRAGE
A. Basis
B. Qualification
C. Scope
(1) Election
a. Regular election
b. Special election
(2) Plebiscite
(3) Referendum
(4) Initiative
(5) Recall
1987 Constitution
BP 881 (Omnibus Election Code)
RA 6646 (Electoral Reforms Law of 1987)
RA 6679 (Barangay Elections)
RA 6735 (Law Providing for Initiative and Referendum)
RA 7166 (1991 Synchronized Elections Law)
RA 7941 (Election of Party-List Representatives)
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RA 8189 (Continuing Registration)
RA 8436 (Automated Election System)
RA 8524
RA 9006 (Fair Election Act of 2001)
a. Purpose
b. Composition
c. Powers and functions
d. Quasi-legislative powers
e. Quasi-judicial powers
IV. ELECTIONS
a. Kinds of elections
b. Date of elections
c. Time and place for holding elections
d. Manner of holding elections
e. Pre-Election requirements
i. Precincts
ii. Polling places
iii. Official ballots, election returns & ballot boxes
iv. Registration of voters
v. Election Registration Board
vi. Re-registration & system of continuing registration
1. List of voters
2. Illiterate & disabled voters
3. Inclusion-exclusion cases
4. Deactivation & reactivation of registration
Penera v. COMELEC GR No. 181613 Sept 11, 2009 & Nov. 25, 2009
Chavez v. COMELEC 437 SCRA 419
Pilar v. COMELEC 245 SCRA 759
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xii. The Election Proper (Voting & Counting)
1. Voting
a. Persons allowed to vote
b. Date, place and time
c. Official ballots
2. Failure of elections
3. Postponement of elections
4. Absentee voting
8. Block voting
9. Board of Election Inspectors
10. Watchers
11. Challenge of illegal voters
12. Counting of votes
a. Marked ballots
b. Appreciation of ballots
c. Elections returns
d. Announcement of results of elections
e. Issuance of certificate of votes
13. Canvass and certificate of canvass
a. Composition of board of canvassers
b. Prohibitions
c. Jurisdiction
d. Certificate of canvass & statement of votes
e. Proclamation
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xvi. Declaration of failure of elections
xvii. Disqualification cases
1. Procedure
2. Effect
xviii. Election Contests
1. Definition
2. Nature
3. Versus election contests
4. Jurisdiction
5. Kinds
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