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Limitations On Admin Action: Enforcement

This document discusses limitations on administrative action. It examines the source of an agency's power, whether it is from the constitution, law, or executive order. It also looks at the scope of an agency's functions, which can be executive (enforcement, interpretation, investigation, prosecution), quasi-legislative (rule-making), or quasi-judicial (dispute resolution). Challenges to unlawful agency action include exhaustion of remedies and judicial review. The document also covers the nature of public office as a public trust requiring utmost responsibility, dignity, loyalty and efficiency from office holders.

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Patrick Ramos
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67 views2 pages

Limitations On Admin Action: Enforcement

This document discusses limitations on administrative action. It examines the source of an agency's power, whether it is from the constitution, law, or executive order. It also looks at the scope of an agency's functions, which can be executive (enforcement, interpretation, investigation, prosecution), quasi-legislative (rule-making), or quasi-judicial (dispute resolution). Challenges to unlawful agency action include exhaustion of remedies and judicial review. The document also covers the nature of public office as a public trust requiring utmost responsibility, dignity, loyalty and efficiency from office holders.

Uploaded by

Patrick Ramos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Limitations on admin action

Source
o Is there a law vesting such power to the agency
o Deals with the
Basis
Constitution
o Special offices
Offices such as COMELEC, COA, CSC,
Ombudsman
Law
Executive order
Function
Regulates rights and privileges
Deliver social service
Scope
o Did the agency exercise its power according to the power vested in it
o What did the agency do?
o Executive functions
Enforcement
The nature of its function is to implement
The scopes of this function are
o Enforcement through application of the law
o Through interpretation
o Investigation
o Prosecution
The limitations of this function are
o Non-delegation
o Checks and balance
o Judicial review
o Quasi Legislative functions
Create the rules
The nature of this function is that it is a delegated
power
Scope of this function are
o Address grievances or seek a review/ adjudication
o Implementing rules
The limitations are the same with executive functions
portion
o Quasi Judicial functions
Resolve disputes
the nature of this function is that it is a delegated power
the scope of this function are
o Primary Jurisdiction
o Exhaustion of administrative remedies
The limitations of this function are
o Res judicata
Challenge
o What can be done to correct the unlawful action of the agency.
Exhaustion
Judicial Review

Law on Public officers

The nature is that it is a public trust


o There is a high degree of trust when you perform a public office.
o The purpose is to serve the people.
o The standard of service, is
Utmost responsibility
Utmost dignity
Utmost Loyalty
Utmost efficiency
o Another obligation is to be accountable, act with patriotism, act
with justice, and live modest lives.
o You have to disclose under oath, the assets you own.
o Effects
You stay or you do not.

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