Category Archives: Administrative Law

For reneging on her promise to return aforesaid amount, she is guilty of conduct unbecoming a public officer

Posted on March 3, 2012 by Erineus

We agree with the common finding of the Ombudsman and the CA that, in the aftermath of the aborted transaction, petitioner still failed to return the amount she accepted.  As aptly stated by the Ombudsman, if petitioner was persistent in … Continue reading →

Posted in Administrative Law, Civil Service Commision, Civil Service Law, Public Official/Employees | Tagged | Leave a comment

administrative cases may proceed independently of criminal proceedings, and may continue despite the dismissal of the criminal charges

Posted on March 2, 2012 by Erineus

On the second issue, it is wrong for petitioner to say that since the estafa case against her was dismissed, she cannot be found administratively liable.  It is settled that administrative cases may proceed independently of criminal proceedings, and may … Continue reading →

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The decision of the Ombudsman in administrative case is immediately executory pending appeal and may not be stayed by the filing of an appeal or the issuance of an injunctive writ

Posted on February 15, 2012 by Erineus

The issue of whether or not an appeal of the Ombudsman decision in an administrative case carries with it the immediate suspension of the imposed penalty has been laid to rest in the recent resolution of the case of Ombudsman … Continue reading →

Posted in Administrative Law, Injunctive Writ, Ombudsman | Tagged | Leave a comment

When there is a conflict between a statute and administrative order, which must prevail?

Posted on January 26, 2012 by Erineus

It is doctrinal that in case of conflict between a statute and an administrative order, the former must prevail.[15] A rule or regulation must conform to and be consistent with the provisions of the enabling statute in order for such … Continue reading →

Posted in Administrative Law, Law and Administrative Order, Question and Answers | Tagged | Leave a comment

The quantum of evidence required in administrative cases is substantial evidence

Posted on January 25, 2012 by Erineus

Gross misconduct and dishonesty are serious charges which warrant the removal or dismissal from service of the erring public officer or employee, together with the accessory penalties, such as cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from … Continue reading →

Posted in Administrative Agencies, Administrative Investigation, Administrative Law, Definitions, Evidence | Tagged | Leave a comment