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Wednesday, March 05, 2008

Administrative Law

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No, I am not sure about this. But this is how I understood it.

Administrative Adjudication

Governing laws/rules

  1. Rule 14 of the Omnibus Rules Implementing Book V of EO 292
  2. Ombudsman Administrative Order No. 17
  3. Sec. 63 of RA 7160
  4. Book VII of EO 292

Rule 14 of the Omnibus Rules Implementing Book V of EO 292 supplementarily applies to all administrative agencies, unless otherwise stated in their rules of procedure.

The Ombudsman has concurrent jurisdiction over all administrative investigation upon all public officers/officials in the government except:

  1. those removable by impeachment (President, Vice President, etc.)
  2. members of the judiciary
  3. members of congress

Why is it given concurrent jurisdiction? “To insulate the said officials from the long tentacles of officialdom that are able to penetrate the judge’s and fiscal’s offices and others involved in the prosecution of erring public officials, and through the exertion of official pressures and influence, quash, delay or dismiss investigations into malfeasance and misfeasance committed by public officials.” –Vasquez vs Alinio, April 1997



7 Books of the Administrative Code of 1987:

Book 1: Sovereignty and General Administration

Book 2: Distribution of Powers of the Government

Book 3: Office of the President

Book 4: The Executive Branch

Book 5: Constitutional Commissions

Book 6: National Government Budgeting

Book 7: Administrative Procedure


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