Prohibited Acts
1. Vote-buying and vote-selling
o Distribution of yosi (People vs. Ferrer) 2. Wagering upon the result of the elections o Bet or wager forfeited to Government 3. Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion 4. Appointment of new employee
o Exception:
a. In case of urgent need
b. w/ notice given to COMELEC c. w/in 3 days from appointment
o Includes creation of new positions, promotion or granting of salary increase. 5. Carrying of deadly weapon within a radius of 100 meters from precint
o Not necessary that deadly weapon be seized from the accused.
6. Transfer or detail of government official/employee without COMELEC approval
o Exception: not penalized, if done to promote efficiency.
o To prove violation:
a. Fact of transfer or detail within the election period as fixed by the COMELEC b. Transfer or detail was made without prior approval of the COMELEC
Good Faith is not a defense o Generally, mala prohibita
o Proof of criminal intent is not necessary o Good faith, ignorance, or lack of malice is not a defense
Jurisdiction over Election Offenses
Investigation and prosecution – COMELEC has exclusive jurisdiction.
May validly delegate to Provincial Prosecutor.
It is not the duty of the COMELEC to gather proof in support of a complaint.
Trial and Decision – RTC has exclusive jurisdiction to try and decide any criminal actions or proceedings for violation of election laws.
The MTC and MeTC, by way of exception, exercises jurisdiction only over offenses relating to failure to register or to vote.
Preferential Disposition of Election Offenses Investigation and prosecution of election offenses shall be given priority by COMELEC.
Investigating officer shall resolve the case w/in 5 days from submission.
Courts shall give preference to election offenses over all other cases.
o Exception: writ of HC
Cases shall be decided w/in 30 days from submission.
Prescription for election offenses o 5 years from date of commission
GENERAL PRINCIPLES
Administrative Law - Branch of public law which:
Fixes the organization
Determines the competence of administrative authorities
Indicates to the individual remedies for the violation of his rights.
Kinds 1. Statutes
2. Rules, regulations or orders
3. Determinations, decisions and orders 4. Body of doctrines and decisions Administration
1. as a Function – the execution, in non- judicial matters, of the law or will of the State as expressed by competent authority 2. as an Organization – group or aggregate of persons in whose hand the reins of government are for the time being.
Kinds
1. Internal – legal side of public administration
2. External – deals with problems of government regulation
Administrative Bodies or Agencies
- Organ of government which affects the rights of private parties either through adjudication or rule-making. - Creation 1. constitutional provision 2. legislative enactment 3. authority of law - Criterion primarily regulatory
on its rule-making authority it is administrative when it does not have discretion to determine what the law shall be but merely prescribes details for the enforcement of the law.
- Types
1. offering some gratuity, grant or special privilege
2. carry on certain of the actual business of the government
3. performing some business service for the public
4. regulate business affected with public interest
5. regulate private business and individuals, pursuant to police power
6. adjust individual controversies because of strong social policy involved
7. make the government a private party II. POWER OF ADMINSITRATIVE BODIES
Powers of Administrative Bodies
1. Quasi-legislative or rule-making power 2. Quasi-judicial or adjudicatory
3. Determinative Quasi-Legislative Power
Exercise of delegated legislative power Involves no discretion as to what the law shall be
Fix the details in the execution or enforcement of a policy
Rules and regulations issued by administrative authorities pursuant to powers delegated to them have the force and effect of law
o They are binding on all persons subject to them
o Courts will take judicial notice
Letters of Instructions and Eos are presidential issuances; one may repeal or alter, modify or amend the other, depending on which comes later.
The function of promulgating rules and regulations may be legitimately exercised only for the purpose of carrying out the provisions of the law into effect.
Administrative regulations cannot extend the law or amend a legislative enactment.
Administrative regulations must be in harmony with the provisions of law. It must not override, but must remain consistent with the law they seek to apply and implement.
Administrative agency has no discretion whether or not to implement a law. Its duty is to enforce the law.
Administrative order is an ordinance issued by the President which relates to specific aspects in the administrative operation of Government.
Kinds of Administrative Rules or Regulations
Fix the details in the execution and enforcement of a policy set out in the law. 2. Interpretative Legislation
Construe or interpret the provisions of a statute to be enforced
Binding on all concerned until they are changed
Effect of law and are entitled to respect Have in their favor presumption of legality
Erroneous application of the law by public officers does not bar subsequent correct application of the law
3. Contingent Legislation
Made on the existence of certain facts or things upon which the enforcement of law depends.
Requisites for Validity
1. Issued under authority of law
2. Within the scope and purview of the law 3. Reasonable
4. Publication in the OG or in a newspaper of general circulation
Interpretative rules and regulations/mere internal in nature/ letters of instructions concerning the rules and guidelines to be followed by their subordinates in the performance of their duties may simply be POSTED in CONSPICUOUS PLACES in the AGENCY.
DOLE Department Order and POEA Memorandum Circulars – proper publication + filing in the Office of the National Administrative Register (Article 5 of LC) Administrative Rules with Penal Sanctions (additional requisites)
1. law itself must declare as punishable the violation of the administrative rule or regulation
2. law should define or fix the penalty for the violation of the administrative rule or regulation
Necessity for Notice and Hearing
NO constitutional requirement for a hearing:
1. promulgation of a general regulation 2. rule is procedural
3. merely legal opinions
4. substantive rules where the class to be affected is large and the questions to be resolved involve the use of discretion committed to the rule-making body
Hearing Requirement:
1. subordinate legislation, designed to implement a law by providing details
2. substantially adds to or increase the burden of those concerned
3. exercise of quasi-legislative authority Function of Prescribing Rates by an Administrative Agency may either be:
Legislative Function: prior notice and hearing is not a requirement
Where the rules and rates are meant to apply to ALL enterprises of a given kind throughout the country, they may partake of a legislative character
Adjudicative Function: prior notice and hearing are essential to the validity
Where the rules and rates are meant to apply exclusively to a particular party, then its function is quasi-judicial in character • Where hearing is indispensable, it does not preclude the Board from ordering, ex- parte, a provisional increase subject to its final disposition of whether or not to make it permanent, to reduce or increase it further or to deny the application. (Maceda vs. Energy Regulatory Board)
Determinative Powers 1. Directing
Power of assessment of BIR and Customs
2. Enabling
Permit or to allow something which the law undertakes to regulate
3. Dispensing
To exempt from a general prohibition OR
Relieve individual or corporation from an affirmative duty
4. Examining
Investigatory power
1. production of books, papers, etc. 2. attendance of witnesses
3. compelling their testimony
Power to compel attendance of witnesses not inherent in administrative body
But an administrative officer authorized to take testimony or evidence is deemed authorized to administer oath, summon witnesses, require production of documents, etc.
Power to punish contempt must be expressly granted to the administrative body; when granted, may be exercised only when administrative body is actually performing quasi-judicial functions
5. Summary
Power to apply compulsion or force against persons or property to effectuate a legal purpose without a judicial warrant to authorize such action
Quasi-Judicial or Adjudicatory Powers - Proceedings partake of the character of judicial proceedings
- Administrative due process 1. right to hearing
2. tribunal must consider evidence presented
3. decision must have something to support itself
4. evidence must be substantial
5. decision must be based on the evidence adduced at the hearing or at least contained in the record and disclosed to the parties 6. the Board or Judges must act on its or independence consideration of the facts and the law of the case, and not simply accept the views of a subordinate in arriving at a decision
7. decision must be rendered in such a manner that the parties to the controversy can know the various issues involved and the reasons for the decision rendered
- In forfeiture proceeding, where the owner of the allegedly prohibited article is known, mere posting of the notice of hearing in the Bulletin Board does not constitute compliance.
- Due process demands that the person be duly informed of the charges against him. He cannot be convicted of an offense with which he was not charged.
Party be afforded reasonable opportunity to be heard and to submit any evidence he may have in support of the defense.
In administrative proceedings, it means the opportunity yto explain one’s side or opportunity to seek a reconsideration of the action or ruling complained of; a formal or trial-type hearing is not, at all times, necessary.
Requirement of notice and hearing in termination cases does not connote full adversarial proceedings, as actual adversarial proceedings become necessary only for clarification or when there is a need to propound searching questions to witnesses who give vague testimonies.
Procedural right which employee must ask for since it is not an inherent right.
Summary proceedings may be conducted - Administrative due process dies not necessarily require the assistance of counsel. - In a request for extradition, the prospective extradite does not face a clear and present danger of loss of property or employment, but of liberty itself.
He is entitled to the minimum requirements of notice and opportunity to be heard.
- The standard of due process that must be met in administrative tribunals allows a certain latitude as long as the element of fairness is not ignored; even in the absence of previous notice, there is no denial of due
process as long as the parties are given the opportunity to be heard.
- Administrative due process: 1. opportunity to be heard
2. opportunity to seek reconsideration 3. opportunity to explain one’s side
- Substantial evidence: such relevant evidence as a reasonable mind might accept as adequate to support a conclusion which is the quantum of proof necessary to prove a change in an administrative case
- “To be heard” does not mean only verbal agreements in court, one may also be heard through pleadings.
Administrative Determinations where Notice and Hearing are NOT necessary for due process
1. grant of provisional authority for increased rates or to engage in a particular line of business
2. summary proceedings of distraint and levy upon the property of a delinquent taxpayer
3. cancellation of passport, no abuse of discretion
4. summary abatement of a nuisance per se which affects the immediate safety of persons/property
5. preventive suspension of a public officer/employee pending investigation of administrative charges
Right Against Self-Incrimination
Administrative charge of unexplained wealth which may result in forfeiture of the property
Medical practitioner where proceeding could possibly result in the loss of his privilege to practice medicine
Right may be invoked at the time he is called as a witness
If he voluntarily takes the witness stand, he can be cross-examined, but he may still invoke the right at the time the question which calls for an answer which
incriminates him of an offense other than that which is charged is asked.
Power to Punish Contempt is Inherently Judicial
1. conferred by law and
2. administrative body is engaged in performance of its quasi-judicial powers Administrative Decisions not Part of the Legal System
no vested right
could not place government in estoppel Administrative Appeal and Review
1. higher or superior administrative body 2. President/ Department Secretaries by virtue of the power of Control
3. appellate administrative agency Doctrine of res judicata
Decisions and orders of administrative agencies have upon their finality, the force and effect of a final judgment within the purview of the doctrine of res judicata. Conclusive upon the rights of the affected parties as though the same had been rendered by a court of general jurisdiction. Forbids the reopening of a matter once determined by competent authority acting within their exclusive jurisdiction.
Applies to adversary administrative proceeding
Does NOT apply in administrative adjudication relative to citizenship
Exception: Zita Ngo Burca vs. Republic 1. question of citizenship is resolved by a court or an administrative body as a material issue in the controversy after a full-blown hearing
2. active participation of the SolGen
3. finding made by the administrative body on the citizenship issue is affirmed by the SC
- LLDA: regulatory and quasi-judicial power in respect to pollution cases and matters affecting the construction of illegal fishpens, fish cages and other aqua- structures in Laguna de Bay; may issue cease and desist orders
- DECS Regional Director: return to work order; administrative charges; constitute an investigating panel
- Housing and Land Use Regulatory Board (HLURB): unsound real estate business practices
- Department of Energy: electric power - Home Insurance Guarantee Corporation(HIGC): disputes involving homeowners association
III. EXHAUSTION OF