Category Archives: Administrative Law

All appointments in favor of a relative of the appointing or recommending authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over him, are hereby prohibited.

Records show that before respondent married Caridad Justimbaste, daughter of then Mayor Priscilla Justimbaste, on December 16, 1993, the latter appointed him municipal assessor.  The appointment was permanent.   As stated earlier, petitioner approved it as temporary.  On December 1, 1994, … Continue reading

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The absence of a public bidding may mean that the government was not able to secure the lowest bargain in its favor and may open the door to graft and corruption

To sustain a conviction under Section 3(g) of Republic Act No. 3019, it must be clearly proven that 1) the accused is a public officer; 2) the public officer entered into a contract or transaction on behalf of the government; … Continue reading

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The existence of appropriation law and the attachment of the certification – are “conditions sine qua non for the execution of government contracts”

The Constitution requires an appropriation law before public funds are spent for any purpose.   Section 29(2), Article VI of the Constitution provides: No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.[13] … Continue reading

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Separation and Retirement Pay

Section 8 of Article IX(B) of the Constitution provides that “[n]o elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law”.  In prior decisions, we have ruled that there must be … Continue reading

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Substantial Evidence

Substantial evidence, which is more than a mere scintilla but is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, would suffice to hold one administratively liable. The standard of substantial evidence is satisfied … Continue reading

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Due Process

Before proceeding to the merits of the instant Petition, this Court deems it necessary to first address the allegation of Bungubung that he was denied due process by the Ombudsman.  The fact that no formal hearing took place is not … Continue reading

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Affidavit of Desistance

Within the field of administrative law, while strict rules of evidence are not applicable to quasi-judicial proceedings, nevertheless, in adducing evidence constitutive of substantial evidence, the basic rule that mere allegation is not evidence cannot be disregarded. [Narazo v. Employees’ … Continue reading

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