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Administrative Law

30/06/201916/10/2018 - by Author

FACTS: Petitioner Agustina M. Enemecio (Enemecio”) is a utility worker at the Cebu State College of Science and Technology, College of Fisheries Technology (CSCST-CFT”), Carmen, Cebu. Motions to dismiss were respectively filed by petitioner Ceniza and Carale, arguing that it is the Civil Service Commission which has exclusive jurisdiction over any question concerning personnel movement. The petitioner sued for recovery and the Regional Trial Court after considering the merits of the case, sustained the confiscation of the carabaos.

But as well pointed out by petitioner and the Solicitor General, Section 17 must be read together with Section 16 of the said Code which enumerates the offices under the respondent Commission. Obviously, the petitioners failed to appreciate that non-exhaustion of administrative remedies is not jurisdictional.

The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of the departments, agencies, commissions or boards. Administrative law; The Commission on Audit (COA) has primary jursidiction over money claims against the government.

A Board decision of November 1973 authorised the Chief Executive to delegate the authority to sign s 53(3) notices to nominated officers. Eventually, petitioner’s claim was returned by Undersecretary of Justice Montenegro to Director Lim with the advice that petitioner elevate the matter to the Supreme Court if he so desires”. administrative law

Governments and its civil servants will experience likewise demands from its citizens on service-levels and accessibility. 9 of the Magna Carta for Public School Teachers against the …

Attorney At Law

Administrative Law Judge

17/06/201916/10/2018 - by Author

Facts: Petitioner filed a complaint for libel against respondents. Petitioner’s counsel filed in behalf of petitioner the letter-requests to be furnished documents, answer to memorandum of charges, the letter-request for re-setting of the conference, and even the motion to reconsider the decision of the Board of Directors to dismiss him from the service.

The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress. administrative law

Held: In testing whether a statute constitutes an undue delegation of legislative power or not, it is usual to inquire whether the statute was complete in all its terms and provisions when it left the hands of the Legislature so that nothing was left to the judgment of the administrative body or any other appointee or delegate of the Legislature. administrative law

Despite the exercise of discretion that is essentially judicial in character, particularly with respect to election contests, COMELEC is not a tribunal within the judicial branch of government and is not a court exercising judicial power in the constitutional sense;Â hence, its adjudicative function, exercised as it is in the course of administration and enforcement, is quasi-judicial.

The COMELEC, however, through its Resolution No. 9922, decided to pursue a direct contracting arrangement with Smartmatic-TIM, which has now resulted in the execution of the Extended Warranty Contract (Program 1). Petitioners assail the validity of the foregoing courses …

Attorney

Constitutional & Administrative Law

08/06/201916/10/2018 - by Author

Info: Petitioner filed a complaint for libel towards respondents. In Energy Regulatory Board v. CA, we echoed the essential rule that the courts is not going to interfere in issues which are addressed to the sound discretion of government businesses entrusted with the regulation of actions coming beneath the particular technical data and training of such businesses.

The COMELECs adjudicative perform is quasi-judicial since it’s a constitutional body, apart from a court, vested with authority to determine election contests, and in the middle of the exercise of its jurisdiction, to hold hearings and train discretion of a judicial nature; it receives proof, confirm the info from these submissions, decide the regulation and the legal rights of the events, and on the idea of all these decides on the merits of the case and renders judgment. administrative law

Will probably be noted that, although the Workers Compensation Fee can also be supplied for in the Labor Code, Circular No. 1-ninety one, which is the forerunner of the current Revised Administrative Circular No. 1-95, laid down the process for the appealability of its choices to the CA below the foregoing rationalization, and this was later adopted by Republic Act No. 7902 in amending Sec.

The law has sufficiently offered a definite normal for the guidance of the Secretary of Well being in carrying out its provisions, that is, the promotion of public well being by offering a secure and ample provide of blood by means of voluntary blood donation. administrative law

Mobil Oil seeks the rescission …