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What is a GAG Order pertaining to the Quo Warranto case of ABS-CBN?

Requested on the Supreme Court upon ABS-CBN’s conquest with its outstanding Quo Warranto case with the Office of the Solicitor’s General. On Tuesday the highest lawyer seeks to plea “very urgent motion” asking the high court to issue prohibiting another person to act ABS-CBN’s behalf. Continue reading What is a GAG Order pertaining to the Quo Warranto case of ABS-CBN?

Political and International Law: National Territory and Declaration of Principles and State Policies

Preliminary Provisions and Basic Concepts A. National Territory Article 1 of the 1987 constitution provides that : “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.” WHAT IS ARCHIPELAGIC DOCTRINE? It is a … Continue reading Political and International Law: National Territory and Declaration of Principles and State Policies

Secretary of Health v. CA, Sibbaluca Digest

Facts: An administrative complaint was filed against private respondent Fe Sibbaluca, the Administrative Officer III of the Provincial Health Office of Cagayan, for grave misconduct, dishonesty; etc. As a consequence of the administrative case, private respondent was placed under preventive suspension for ninety [90] days by herein petitioner Secretary of Health. Private respondent sought the lifting of her suspension. Pending resolution of her said motion, private respondent instituted an action for prohibition,mandamus, and injunction with a prayer for a temporary restraining order and a writ of preliminary injunction before the Regional Trial Court (RTC) of Tuguegarao (Branch 1). Her action … Continue reading Secretary of Health v. CA, Sibbaluca Digest

PROVINCE OF NORTH COTABATO vs. GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES DIGEST

TOPIC: Administrative Regions and Autonomous Regions PROVINCE OF NORTH COTABATO vs. GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES G.R. Nos. 183591, 183752, 183893, 183951, & 183962 October 14, 2008 FACTS: On 8 August 2008, the Government of the Republic of the Philippines (GRP), represented by the GRP Peace Panel and the Presidential Adviser on the Peace Process (PAPP), and the Moro Islamic Liberation Front (MILF) were scheduled to sign the Memorandum of Agreement on the Ancestral Domain (MOA-AD) Aspect of the previous GRP-MILF Tripoli Agreement on Peace of 2001 in Kuala Lumpur, Malaysia. The MOA-AD included, among others, a stipulation … Continue reading PROVINCE OF NORTH COTABATO vs. GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES DIGEST

Comelec Resolutions 2013-2018

Comelec Resolutions 2018 Barangay & SK Elections • Resolution No. 10249 – Joint Security Control Center • Resolution No. 10248 – Official Ballots for BSKE2018 • Resolution No. 10247 – Guidelines for BSKE2018 • Resolution No. 10246 – Calendar of Activities for BSKE2018 2017 Barangay & SK Elections • Resolution No. 10214 – Registration of Voters for BSKE2018 • Resolution No. 10213 – IRR of Republic Act No. 10952 • Resolution No. 10212 – Discontinuing All Activities with BSKE 2017 • Resolution No. 10209 – Rules and Regulations Governing Campaign Finance • Resolution No. 10206 – Prohibition against appointment and … Continue reading Comelec Resolutions 2013-2018

COMELEC Resolution No. 10246

Promulgation: 15 January 2018 CALENDAR OF ACTIVITIES AND PERIODS OF CERTAIN PROHIBITED ACTS IN CONNECTION WITH THE MAY 14, 2018 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN (SK) ELECTIONS Pursuant to the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code (B.P. Blg. 881), Republic Acts 6646, 7166, 8189, 8436, 9189, 9369 and other election laws, the Commission on Elections (Commission), RESOLVED to prescribe the following calendar of activities and periods of prohibited acts in connection with the May 14, 2018 Synchronized Barangay and Sangguniang Kabataan (SK) Elections: DATE/PERIOD ACTIVITIES PROHIBITED ACTS January 26, … Continue reading COMELEC Resolution No. 10246

COMELEC Resolution No. 10247

Promulgation: 15 January 2018 IN THE MATTER OF ADOPTING PERTINENT RESOLUTIONS PROMULGATED IN CONNECTION WITH THE 23 OCTOBER 2017 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS (BSKE) FOR PURPOSES OF THE MAY 14, 2018 BSKE WHEREAS, the Commisison on Elections (Commission) promulgated the following pertinent resolutions for the 23 October 2017 Barangay and Sangguniang Kabataan Elections: a. Resolution No. 10196 dated 13 September 2017 entitled “GUIDELINES ON THE FILING OF CERTIFICATE OF CANDIDACY IN CONNECTION WITH THE OCTOBER 23, 2017 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS”; b. Resolution No. 10197 dated 14 September 2017 entitled “RULES AND REGULATION ON: (1) THE BAN … Continue reading COMELEC Resolution No. 10247

COMELEC Resolution No. 10248

Promulgation: 15 January 2018 USE OF PRIOR PRINTED OFFICIAL BALLOTS, ACCOUNTABLE AND NON-ACCOUNTABLE FORMS DATED OCTOBER 23, 2017 FOR PURPOSES OF THE MAY 14, 2018 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS (BSKE) WHEREAS, as early as the last quarter of calendar year 2016, the Commission on Elections (Commission) has started its preparations in connection with the October 23, 2017 Barangay and Sangguniang Kabataan Elections (BSKE). For the printing, verification, and packing and shipping of Official Ballots, Accountable and Non – Accountable Forms, for the National Capital Region (NCR), Luzon, and Visayas Regions, the Commission incurred a total amount of P312,622,453.00; WHEREAS, … Continue reading COMELEC Resolution No. 10248

COMELEC Resolution No. 10249

Promulgation: 15 January 2018 IN THE MATTER OF THE RECONSTITUTION OF THE REGIONAL JOINT SECURITY CONTROL CENTER AND THE PROVINCIAL JOINT SECURITY CONTROL CENTER IN CONNECTION WITH THE MAY 14, 2018 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS (BSKE) AND ALLOCATION OF FUNDS THEREFOR WHEREAS, for purposes of the May 14, 2018 Barangay and Sangguniang Kabataan (BSKE), the REGIONAL JOINT SECURITY CONTROL CENTER (RJSCC) AND THE PROVINCIAL JOINT SECURITY CONTROL CENTER (PJSCC) are hereby reconstituted, with the same composition as provided for under Rule IV, Sections 1 and 2, of Resolution No. 10015 entitled, “RULES AND REGULATIONS ON: (1) THE BAN ON … Continue reading COMELEC Resolution No. 10249

COMELEC RESOLUTION 2018

Resolution No. 10247 Promulgation: 15 January 2018 IN THE MATTER OF ADOPTING PERTINENT RESOLUTIONS PROMULGATED IN CONNECTION WITH THE 23 OCTOBER 2017 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS (BSKE) FOR PURPOSES OF THE MAY 14, 2018 BSKE WHEREAS, the Commisison on Elections (Commission) promulgated the following pertinent resolutions for the 23 October 2017 Barangay and Sangguniang Kabataan Elections: a. Resolution No. 10196 dated 13 September 2017 entitled “GUIDELINES ON THE FILING OF CERTIFICATE OF CANDIDACY IN CONNECTION WITH TH OCTOBER 23, 2017 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS”; b. Resolution No. 10197 dated 14 September 2017 entitled “RULES AND REGULATION ON: … Continue reading COMELEC RESOLUTION 2018

COMELEC RESO for 2018 BSKE

1. Resolution No. 10214 RESUMPTION OF THE SYSTEM OF CONTINUING REGISTRATION OF VOTERS IN CONNECTION WITH THE MAY 14, 2018 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS (BSKE)  “An Act Postponing the October 2017 Barangay and Sangguniang Kabataan Elections, Amending for the Purpose Republic Act No. 9164, as Amended by Republic Act No. 9340, Republic Act No. 10632, Republic Act No. 10656 and Republic Act No. 10923 And For Other Purposes”, was passed into law which effectively postpones the Synchronized Barangay and Sangguniang Kabataan Elections (BSKE) from October to the second Monday of May 2018, that is on May 14, … Continue reading COMELEC RESO for 2018 BSKE

Doctrine of Administrative Remedies and Doctrine of Primary Jurisdiction

Doctrine of Administrative Remedied and Doctrine of Primary Jurisdiction Exceptions: a) where there is estoppel on the part of the party invoking the doctrine; (b) where the challenged administrative act is patently illegal, amounting to lack of jurisdiction; (c) where there is unreasonable delay or official inaction that will irretrievably prejudice the complainant; (d) where the amount involved is relatively small so as to make the rule impractical and oppressive; (e) where the question involved is purely legal and will ultimately have to be decided by the courts of justice; (f) where judicial intervention is urgent; (g) when its application … Continue reading Doctrine of Administrative Remedies and Doctrine of Primary Jurisdiction

COMPILED BAR EXAM QUESTIONS IN admin law (MCQ)

COMPILATION OF BAR EXAMS QUESTIONS IN ADMINISTRATIVE LAW MULTIPLE CHOICE QUESTIONS 1. One of the cardinal primary due process rights in administrative proceedings is that evidence must be “substantial.” “Substantial evidence” is: a. less than a mere scintilla; b. less than preponderant scintilla; c. more than a glint of scintilla; d. more than a mere scintilla. 2. A statutory provision requiring the President or an administrative agency to present the proposed implementing rules and regulations of a law to Congress which by itself or through a committee formed by it, retains a “right” or “power” to approve or disapprove such … Continue reading COMPILED BAR EXAM QUESTIONS IN admin law (MCQ)

ADMINISTRATIVE LAW NOTES (SUMMARY)

Administrative Law Topic: Quasi-legislative Requisites for valid administrative issuance Penal Regulations Construction and Interpretation Enforcement Amendment and Repeal Requisites: 5. Its promulgation must be authorized by the legislature. Authority to promulgate the regulation is usually conferred by the charter itself of the administrative body or by the law it is supposed to enforce. There are limitation on the rule-making power of administrative agencies. A rule shaped out by jurisprudence is that when Congress authorized the promulgation of administrative rules and regulations to implement given legislation, all that is required is that the regulation be not in contravention with it, but … Continue reading ADMINISTRATIVE LAW NOTES (SUMMARY)

ADMINISTRATIVE LAW NOTES PART 2(QUASI-JUDICIAL)

Chapter 5 THE QUASI-JUDICIAL POWER A. Jurisdiction Jurisdiction- is the competence of an office or body to act on a given matter or decide a certain question. Without jurisdiction, the determinations made by the administrative bodies are absolutely null and without any legal effect. Where jurisdiction is conferred upon: 1. Jurisdiction can be conferred upon the administrative agency by the Constitution. • Civil Service Commission (CSC) – possess authority over all employees of all branches, subdivisions, instrumentalities, and agencies of the Government including GOCCs with original charters. • Commission on Elections (COMELEC)- possess a. exclusive original jurisdiction over: all contests … Continue reading ADMINISTRATIVE LAW NOTES PART 2(QUASI-JUDICIAL)

ADMIN LAW NOTES CHAPTER 1

ADMINISTRATIVE LAW – branch of modern law under which the executive department of the government, acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct of the individual for the purpose of promoting the well-being of the community, as under laws regulating public interest, professions, trades and callings, rates and prices, laws for protection of public health and safety, and the motion of public convenience.  A consequence of the ever-increasing complexities of society and the proliferation of problems of government that cannot readily or effectively be addressed by the traditional public agencies or solved by the other disciplines … Continue reading ADMIN LAW NOTES CHAPTER 1

ADMINISTRATIVE LAW CASE ASSIGNMENTS

INTRODUCTION/ GENERAL CONSIDERATION A. Powers in General 1. Calalang vs. Williams, 70 Phil. 726 B. Express and Implied Powers 1. PASEI vs. Torres, 212 SCRA 298 2. JMM Promotion and Management, Inc. vs. CA, August 05, 1996 C. Ministerial and Discretionary Duty 1. Florendo vs. Enrile, December 7, 1994 2. Roble Arrastre, Inc. vs. Hon. Villaflor, August 22, 2006 D. Mandatory and Permissive Powers 1. Adasa vs. Abalos, February 19, 2007 E. Errors in Exercise of Powers 1. Republic vs. Phil. Rabbit Bus Lines, Inc., March 30, 1970 INVESTIGATORY FUNCTION F. In General 1. Ruperto vs. Torres, [unrep.] 100 Phil. … Continue reading ADMINISTRATIVE LAW CASE ASSIGNMENTS