Adjudicatory Powers

Quasi-Judicial
Power of an administrative agency to
determine, or to ascertain facts and
decide by the application of rules to
the ascertained facts.
Not only the rules and regulations
but the law
Not considered courts
 v. Judicial Power
All sorts of cases
Brought before the courts
Deciding question of legal rights
between the parties.
 Classification
Enabling
Directing
Dispensing
Summary
Equitable
Administrative Proceedings
Character of proceedings
Adversary
Quasi-Judicial
Civil not Criminal
Not an action at law
 Jurisdiction
Power and authority given by law to
hear and decide a case.
Two elements
Jurisdiction over the subject matter
Jurisdiction over the person
 Doctrine of Primary
Jurisdiction
Requires expertise
Relief must first be obtained
in an administrative
proceeding before a remedy
will be supplied by the courts
 Due process
Essence
It simply means an opportunity
to explain one’s side or an
opportunity to seek a
reconsideration of the action or
ruling complained of.
 Requisites
Right to notice
Right to reasonable opportunity to
appear or with the assistance of
counsel
To introduce witnesses and
relevant evidence
To controvert evidence
Right to tribunal vested with
competent jurisdiction
Right to a finding or decision
by that tribunal supported by
substantial eidence
 Effect of non-observance
May result in the invalidation of
administrative proceedings.
Villa v. Lazaro, 189 SCRA 34
Agabon v. NLRC
Notice and Hearing
 Evidence
While quasi-judicial bodies are not
bound by the technical rules of
procedure in the adjudication of
cases, this procedure should not be
construed as a license to disregard
certain fundamental evidentiary
rules [PLDT v. Tiamson, 474 scra
761 (2005)]
 Substantial Evidence
More than a mere scintilla
Relevant Evidence
A reasonable mind might accept as
adequate to support a conclusion
 Judgments
Constitutional mandate to state clearly
and distinctly the facts and the law refers
only to courts.
But administrative bodies should
render its decisions in such a manner
that the parties to the proceeding can
know the various issues involved and
the reason for the decision rendered.
 Judicial Review
Doctrine of Final Review
No interference from courts when
action of an administrative agency
has not been completed
Doctrine of Primary Jurisdiction
Prior Resort; Exclusive
Administrative Jurisdiction;
Preliminary Resort
 Judicial Review
Primary Jurisdiction
Courts cannot and will not
determine a controversy
involving a question which is
within the jurisdiction of an
administrative tribunal
Brett v. IAC, 191 SCRA 687
Doctrine of Exhaustion of
Administrative Remedies
Remedy is available within an
administrative agency
Giving the agency opportunity to
decide correctly a given matter
Relief must first be sought in the
agency.
Gonzales v. CA, 357 SCRA 599
(2001)
 Exceptions
Remedy is only permissive under the
statute
Issue involves one of pure law
(Corsiga v. Defensor, 391 SCRA
267, [2002])
Issue raised is the constitutionality
of the statute
 Exceptions
Questions involveD are essentially
judicial
Estoppel on the party invoking the
doctrine
Where there is no other plain,
speedy or adequate remedy in the
ordinary course of law
 Exceptions
Where respondent officer acted
in utter disregard of due process
Where insistence on its
observance would result in the
nullification of the claim being
asserted
 Election Law
Suffrage
Embodiment of the popular will, the
expression of the sovereign power of the
people
Qualifications
Age: 18 and above
Residence: One year resident in the
Philippines; resident of the municipality
where he/she will vote for at least 6 months
immediately preceding the election.
 Transfer of Residence
No loss of original residence:
Transfer solely because of
occupation
Educational Activities
Work in military or navy
Service in the armed or police forces
Detention in government
institutions
Registration of Voters (Voters
Registration Act of 1996 or
RA 8189)
Kind of Registration in the
Philippines:
Continuing;
Computerized; and
Permanent
 Disqualifications
Sentenced by final judgment to imprisonment for not
less than 1 year
No pardon
Re-acquired five years after service of sentence

Committed any crime involving disloyalty

Rebellion
Unless restored to his full civil and political rights

Insane or incompetent persons as declared by

competent authority.
 Inclusion/Exclusion
Inclusion
To include in the list of voters
MTC/MeTC has jurisdiction
Filed 105 days before regular election
75 days before special election
Appealable to the RTC within five days
RTC decides appeal within 10 days; final and
executory
 Exclusion
Excluding persons from list of voters
Sworn Petition
Not later than 100 days before regular
election
65 days before special election
Article IX of the Constitution
Comelec has no jurisdiction over the
right to vote
 Political Parties
Organized group of persons pursuing the
same indeology, political ideas or
platforms of grovernmentincluding its
branches and divisions
Registered
Dominant Majority
Dominant Minority
Majority Political Party
 Registration
Party acquires juridical personality upon
registration with the COMELEC.
No religious sect shall be registered
No political party which seeks to achieve
its goal through violence
 Qualification of Candidates
Elective Citizenship Age Literacy Voter Residency
Official
Pres./VP Natural- 40 Read and Registered 10 in the
born Write Philippines
Senator Natural- 35 Read and Registered 2 in the
born Write Philippines
District Natural- 25 Read and Registered 1 in
Reps born Write in District District
Party-List Natural 25 Read and Registered 1 in
Reps born (Youth- Write District
25-30)
Local Citizen 23, 21, Read and Registered 1 in
Officials 18, 15-21 Write Locality
Filipino or
local
dialect
 Filing of Certificates of
Candidacy
Effect of Filing
Appointive - Ipso facto resigned from
office
Elective – No effect
Any candidate may withdraw his/her
candidacy anytime before election day.
 Substitution
Allowed in the following instances:
Death
Withdrawal
Disqualification
No substitution is allowed for an independent
candidate
Substitute may file not later than mid-day of
election day
 Ministerial
It is the ministerial duty of the
COMELEC to receive COCs
But may disqualify under legal grounds
Nuisance candidates
Candidates who have no bona fide
intention to run for the office for which
the CoC has been filed
Petition to Deny Due Course
to or to Cancel CoC
Exclusive Ground: A material
representation in the CoC is false
Should be filed not later than 25
days from the filing of the CoC
Decided not later than 15 days
before the election, after due notice
and hearing
 Effect of Disqualification
Not be voted for
Votes cast in his/her favor not
counted
Not disqualified by final judgment
before the election
Comelec shall continue trial
May order suspension of
proclamation of the candidate
 Prohibited contributions
Public or private financial institutions
Public utilities
Persons with contracts to supply the gov’t
Grantees of franchises, incentives,
exemptions, etc.
Persons granted loans by the gov’t one
year before the elections (more than
P100,000.00)
Prohibited Contributions

Educational institutions
granted public funds
Officials of the Civil Service
or Armed Forces
Foreigners and foreign corps.
Lawful election propaganda
Written and printed materials (8.5 w x 14
l)
Letters
Posters (2’ x 3’)
Rally Streamers (3’ x 8’)
Paid advertisements at discounted rates
 Authorized expenses
P10 x number of registered voters-
president/vice president
P3 for ohther candidates
P5 for independent candidates and
political parties
Prohibited means of raising
funds
Dances, lotteries, cockfights,
games, boxing bouts, bingo,
beauty contests, entertainment,
cinematographic, theatrical and
other performances
Also unlawful to solicit from any
candidate
Pre-Proclamation Controversy
Refers to any question pertaining to
or affecting proceedings of the board
of canvassers which may be raised by
any candidate or by registered
political party
When election returns are delayed,
lost or destroyed
Pre-Proclamation Controversy
Material Defects in the election
returns
When election returns appear to be
tampereed with or falsified
Effect of filing
Suspends the running of the period
within which to file an election
protest or quo warranto proceeding.
 Termination of Pre-
Proclamation
Deemed terminated at the beginning of
the term of the office involved and the
boards of canvassers concerned deemed
affirmed
Without prejudice to the filing of a
regular election protest
 Election Contest
Jurisdiction of Comelec is
judicial
Regional, Provincial and City
officials
Governed by the requirements of
judicial process
 Quo Warranto
Not a contest
Proceeding to unseat an ineligible
person from office
May be filed by any voter
Petitioner may not be installed in
office
 Law On Public Officers
Pubic Office
Created by law
Invested with authority to exercise
sovereign power of State
Powers defined by law
Performed independently
Continuing/permanent
 Modes
Appointment
Absolute or conditional
Acceptance not necessary
Not subject to reconsideration or
revocation
Designation
Imposition of new or additional
duties
Civil Service Commission
All branches, subdivisions,
instrumentalities, and agencies of
the government ncluding GOCCs
with original charters
GOCCs organized under the
Corporation Code are not covered
 Appointments
Permanent
Person meets all the requirements,
including the eligibility prescribed
Temporary
Issued in the absence of eligibility in the
interest of the service
Meets all the requirement except eligibility
Exceptions from Requirement
of Competitive Examinations
Policy-Determining
Head of Department
Primarily Confidential
Freedom of Intercourse
Highly Technical
Technical skill in the supreme degree
 Kinds of Duties/Powers
Ministerial
Involving merely execution of a
specific duty arising from fixed
or designated facts
Discretionary
Exercise of reason or discretion
 Modes of Termination of
Official Relations
Natural Causes
Expiration of term or tenure of office
Reaching age limit
Death or permanent disability
Acts/Neglect of Officer
Resignation
Acceptance of an incompatible office
Abandonment
Prescription of right to office
 Modes of Termination
Acts of the Government or People
Removal
Impeachment
Abolition of Office
Conviction of a crime
Recall
Migration
 Important Concepts
Hold-Over
Term has expired but should
continue until successor appointed
and qualified
Nepotism
Relative of the appointing or
recommending authority
 Important Concepts
Divestment
Official must resign from private
office within 30 days from assumption
of office
Immunity
Protects from tort liability for damages
arising from performance of official
duties