Case Digest - Admin Law

Malaga v Panachos 
213 SCRA 516

Iloilo State College of Fisheries (ISCOF) through PBAC announced that the last day for submission of pre-qualification requirements was December 2, 1988 and that the bids would be received and opened on December 12, 1988. However, petitioners were not allowed to participate in the bidding because their documents were considered late for submitting the requirements after 10:00 am of December 2, 1988.

Petitioners filed a complaint against PBAC and prayed that the bidding be reset and their documents be accepted. In the event that the bidding had already been conducted, they further pray that the defendants be ordered not to award the project pending the resolution. Restraining order was then issued. 

Respondents on the other hand filed a motion to lift the restraining order on the ground that courts are prohibited from issuing such under PD 1818. 

Petitioner pointed out that PD 1818 is not applicable because ISCOF, although a State College, has its own charter and separate existence, making it not part of the national government or of any local political subdivision. 

Issue: 

1. W/N ISCOF is a part of the national government
2. W/N PD 1818 is applicable to this case

Ruling: 

1. Yes. Under the Administrative Code of 1987, the definition of government instrumentality includes Regulatory agencies, chartered institutions and GOCCs. Chartered institutions, defined by the same code include the State Universities and Colleges and the monetary authority of the State. Further, there are clear indications that ISCOF is a government instrumentality, to wit: (1) it was created in pursuance of the integrated fisheries development policy of the State; (2) the Treasurer of the Republic of the Philippines shall be the ex-officio treasurer of the State College, with all accounts and expenses to be audited by CoA; (3) heads of the bureaus and offices are authorized to loan or transfer to it equipment, with the President's (State College) approval, for the benefit of the public and (4) maintenance and funds of the ISCOF be included in the General Appropriations Law. 

2. No. Although ISCOF is a government instrumentality, the Court ruled that PD 1818 is not applicable in this case for there were irregularities committed by the PBAC. As a general rule, where a law requires a previous advertisement before government contracts be awarded, non compliance of the requirement will render the same VOID and of no offect. Two irregularities committed by the PBAC justified the injunction of the bidding and the award of the project. The purpose of the rules is to secure competitive bidding and to prevent favoritism, collusion and fraud in the award of these contracts to the detriment of the public. 

PD 1818 was not intended to shield from judicial scrutiny irregularities committed by administrative agencies. 

Case digests - Labor Standards Part 1

C. Alcantara & Sons, Inc. v CA
GR No. 155709
September 29, 2010
631 SCRA 486

PLDT v Balbastro
GR No. 157202
March 28, 2007
519 SCRA 233

Ha Yuan Restaurant v NLRC
GR No. 147719
January 27, 2006
480 SCRA 328

Samahan ng mga Manggagawa sa Hyatt v Hon. Magsalin
GR No. 164939
June 6, 2011
650 SCRA 445

PAL v NLRC
GR No. 102411
August 3, 1993
225 SCRA 259

EG Construction v Sato
GR No. 182070
February 16, 2011
643 SCRA 492

University of Immaculate Concepcion v NLRC
GR No. 181146
January 26, 2011
640 SCRA 658

Caong v Regualos 
GR No. 179428
January 26, 2011
640 SCRA 597

Administrative Law, Chapter I

Notes from Agpalo
Philippine Administrative Law

I. Generally

• Administrative Law is that branch of modern law under which the executive department of the government, acting in a quasi-legislative and quasi-judicial capacity, interferes with the conduct of an individual for the purpose of promoting the well-being of the community, as under laws regulating public interests, professions, trades and callings, rates and prices, laws for the protection of public health and safety, and the promotion of public convenience and advantage. 
• internal administration covers the legal aspects of public administration as a going concern
• external administration refers to the legal relations between administrative authorities and private interests
• the chief concern of administrative law is the nature and the mode of exercise of administrative power and the system of reliefs against administrative action

II. Kinds of Administrative Law

1. Statutes setting up administrative authorities
2. The body of doctrines and decisions dealing with the creation, operation and effect of determinations and regulations of such administrative authorities
3. Rules, regulations, or orders of such administrative authorities in pursuance of the purposes for which administrative authorities were created or endowed
4. determinations, decisions, and orders of such administrative authorities in the settlement of controversies arising in their particular fields

+ Administrative law consists of:

• pertinent provisions of the Constitution
• special legislations creating specialized agencies
• 1987 Administrative Code
• provisions of the Revised Administrative Code
• 1987 Administrative Code did not entirely repeal or modify the RAC. These 2 codes are general laws, and as between the codes and special legislations on specific subject matters, the latter prevail as an exemption to the former
• BASIC STATUTORY PRINCIPLE: General legislation must give way to special legislation on the same subject, and generally so interpreted as to embrace only cases in which the special provisions are not applicable.

+ Administrative functions are those which involve the regulation and control over the conduct and affair of individuals for their own welfare and the promulgation of rules and regulations to better carry out the policy of the legislature or such as are devolved upon the administrative agency by the organic law of its existence. 

III. Definitions

1. Government of the Republic of the Philippines
2. Agency
3. Instrumentality
4. Chartered institutions
5. Administration - refers to the aggregate of those persons in whose hand the reigns of the government are for the time being
6. Public office

IV. Creation and abolition of agencies

• The Constitution established offices which perform administrative functions
• President - Chief Administrative Officer
• Constitutional Commissions
• Office of the Ombudsman
• NEDA
• CHR
• NPC

V. Power to reorganize includes power to create or abolish offices

• the legislature usually exercises the power to create or abolish by delegating it to the President or to another executive officer or body
• reorganization is the process of restructuring the bureaucracy's organizational and functional set-up, to make it more viable in terms of the economy, efficiency, effectiveness and make it more responsive to the needs of its public clientele as authorized by law

VI. President's power to reorganize

• Republic Act 7645, Section 62
• 1987 Administrative Code, Book III, Section 20 
• PD 1416
• PD 1772
• the President's power to reorganize offices is subject to limitations, that it must be in good faith, otherwise, the same may be declared invalid. (Larin v. Executive Secretary, 280 SCRA 713, GR No. 112745)

VII. Power of other agencies to reorganize; limitations

• abolition vs. removal
• removal implies that that post subsists and that one is merely separated therefrom
• after abolition, there is in law no occupant
• the question as to whether a reorganization or abolition of office is to be adjudged valid or invalid depends upon the manner in which it is implemented and the was the power is wielded by those to whom the authority is delegated
• Legislature often issues guidelines to be followed by those to whom the power to reorganize has been granted
• Republic Act 6656, Sections 2 and 3

VIII. Other limitations on power to reorganize

• General Rule: Power to reorganize the executive offices granted by law to a reorganization commission does not include vesting an administrative body the quasi-judicial authority to adjudicate certain claims which ordinarily come within the jurisdiction of regular courts
• the power granted to an executive agency to reorganize itself covers only offices falling under said agency and not those attached thereto

IX. Reasons for creation of administrative agencies

• to unclog court dockets
• to meet the growing complexities of modern society
• to help in the regulation of ramified activities of a developing country
• to entrust to specialized agencies in specified fields with their knowledge

+ Types of agencies

• created to function in situations wherein the government is offering some grant
• set up to function ins situations wherein the government is seeking to carry on certain governmental functions
• set up to function in situations wherein the government is performing some business service for the public
• set up to function in situations wherein the government regulate business affected with public interest
• set up to function in situations wherein the government seeking under the police power to regulate private business and individuals
• set up to function in situations wherein the government adjust individual controversies
• set up to function in situations wherein the government is seeking to conduct investigations and gather evidence for information

Dissenting Opinon by J. Brion - Reyes v Tan GR No. 207264, June 25, 2013

"I submit this Dissenting Opinion to express my strong reservations to the majority's outright dismissal of this most unsual case - a term I do not use lightly as shown by the reasons stated below"  -- J. Brion

Dissenting Opinion
Reyes v Tan
GR No. 207264
June 25, 2013

What is prejudicial question?

credit for abogadomo.com

Chavez v Gonzales 32 SCRA 547 - Kinds of Civil Obligations

Chavez v Gonzales 
32 SCRA 547
GR No. 27454
April 30, 1970

Rosendo O. Chaves 
-vs- 
Fructuoso Gonzales


I. Nature and effect of obligations - Article 1167 
II. Where obligation does not fix a period - Article 1197 (cannot be invoked in this case)

Facts: 
In the early part of July 1963, the plaintiff delivered to defendant typewriter repairer, a portable typewriter for  routine cleaning and servicing.