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Flashcards covering key vocabulary and concepts in administrative law, including the relationship between administrative law and public policy, challenges in implementation, and case studies.
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Administrative Law
Provides the legal framework and procedural rules that guide how public policy is implemented by government agencies.
Public Policy
Sets the goals and priorities that administrative agencies seek to achieve.
Responsible Parenthood and Reproductive Health Act (RA 10354)
A law promoting reproductive health, responsible parenthood, and access to family planning.
Corruption
Leads to selective enforcement of laws where officials manipulate administrative processes for personal or political gain.
Republic Act. No. 3019, or the Anti-Graft and Corrupt Practices Act
An act punishing government workers who misuse their position for personal benefit
Bureaucratic Red Tape and Inefficiency
Discourages compliance and delays the implementation of policies due to overly complicated and slow administrative procedures.
Republic Act No. 11032, or the Ease of Doing Business Law
An act that requires faster service and fewer steps for government transactions.
Weak Law Enforcement and Implementation
Results from a lack of resources, weak regulatory bodies, and political interference.
Republic Act No. 9275, or the Philippine Clean Water Act
An act that protects our water sources from pollution.
Political Interference and Executive Overreach
Occurs when high-ranking officials may pressure administrative agencies to make politically motivated decisions, weakening the rule of law.
The 1987 Philippine Constitution, Article II, Section 1
States that we are a country governed by laws, not by the personal interests of politicians.
Inconsistent Implementation by Local Government Units (LGUs)
Variations in the capabilities and priorities of LGUs lead to uneven enforcement of national laws and policies.
Legal Loopholes and Limitations in Judicial Review
Weak legal provisions and slow judicial processes make it difficult to challenge unfair administrative decisions.
Lack of Public Awareness and Participation
Many Filipinos are unaware of their rights under administrative law, leading to weak public oversight and low demand for accountability.
Overlapping and Conflicting Regulations
Multiple government agencies often issue conflicting policies, creating confusion and inefficiencies in law enforcement.
Maynilad Water Services, Inc. v. DENR, et al. (G.R. No. 202897, 2022)
The Supreme Court held Maynilad, Manila Water, and MWSS liable for violating Section 8 of the Clean Water Act of 2004 by failing to connect existing sewage lines to available sewerage systems within the mandated 5-year period.
SM Investments Corporation v. Cordillera Global Network (G.R. No. 215988, 2019)
Addressed the legality of SM Investments Corporation's expansion of SM City Baguio, which involved cutting and earth-balling 182 Benguet pine and Alnus trees on Luneta Hill.
FCF Minerals Corporation v. Lunag, et al. (G.R. No. 209440, 2021)
Upholds dismissal of a petition filed by Indigenous Cultural Communities against mining operations, emphasizing the protection from retaliatory lawsuits intended to silence environmental advocacy.
Philippine Airlines, Inc. v. NLRC and FASAP (G.R. NO. 178083, JULY 22, 2008)
The NLRC, as a quasi-judicial body under administrative law, investigated and ruled on the legality of PAL’s retrenchment.
San Miguel Corporation v. NLRC and Rodolfo Rebolos (G.R. No. L-58630, Nov 25, 1983)
The NLRC adjudicated the case, its decision was based on the Labor Code and its implementing rule. Administrative law requires agencies like the NLRC to follow procedural due process when making decisions.
Sangwoo Phils., Inc. vs. Sangwoo Phils., Inc. Employees Union-Olalia (G.R. NO. 173154, December 9, 2013)
Sangwoo Phils. Inc. (SPI) ceased operations in 2004 due to alleged serious business losses. While most employees accepted separation pay, a minority refused and filed a complaint for illegal closure and unfair labor practices.