DAYEdalera

PLEASE prepare the regular requirements
on the first day of class for PIL and Admin Law:
INDEX CARD
READ YOUR ASSIGNMENT
READ CASES
DO NOT DRINK COFFEE (to avoid being nervous during recits)
SMILE
WIT, CHARM and CONFIDENCE
READ THE NEWSPAPER

See you next Saturday! :D

PUBLIC INTERNATIONAL LAW
I. GENERAL PRINCIPLES

A. International Law. Definition.
B. Basis of International Law.
C. Public International Law distinguished from:

1. Private International Law.

2. International Morality or Ethics.

3. International Comity.

4. International Diplomacy.

5. International Administrative Law.

D. Is International Law a true law?

E. Relationship with Municipal Law.

1. Monist vs. Dualist

2. Incorporation v. Transformation.
Sec. 2, Art. II, Philippine Constitution
Kuroda vs. Jalandoni, 83 Phil. 171
Laguna Lake Development Authority vs. Court of Appeals, 231 SCRA 292

3. Conflict between International Law and Municipal Law.

F. Sources of International Law.
Art. 38, Statute of the International Court of Justice
Primary and Secondary Sources
Principle of Jus Cogens

II. SUBJECTS OF INTERNATIONAL LAW

A. Distinction between subject and object of international law.
B. States.
Theories on Recognition:
Basic Rules on Recognition
Requirements for Recognition of Government
Tobar/Wilson Doctrine
Stimson Doctrine
Estrada Doctrine
Effects of Recognition
Belligerency. Recognition of Belligerency; Conditions and Effects.
Extinction of States.
Principle of State Continuity.
People vs. Perfecto, 43 Phil. 887
Vilas vs. City of Manila, 229 U.S.
Classes of States.

Reference: Public International Law, Salonga and Yap
PIL, Paras



ADMINISTRATIVE LAW
I. GENERAL PRINCIPLES

-Administrative Law. Definition. Scope.
-Kinds of Administrative Law
-Administrative Framework
-Administrative Bodies or Agencies. Definition.
-Creation and abolition of agencies

II. POWERS OF ADMINISTRATIVE BODIES

-Distinguish Express and Implied Powers, Ministerial and Discretionary Powers, Mandatory and Permissive Duties and Powers.
-Presumption of Regularity
Sanders vs. Veridiano II, 162 SCRA 88 (1988)
Blue Bar Coconut Phil. vs. Tantuico, 163 SCRA 716 (1988)
-Government not estopped by mistakes of agents / Government not bound by errors of public officers.
United States of America vs. Reyes, 219 SCRA 192

-Powers of Administrative Bodies.
1. Quasi-legislative or rule-making power;
2. Quasi-judicial or adjudicatory power; and
3. Determinative powers

-Quasi-legislative power.
-Kinds of Administrative Rules or Regulations and Requisites for validity.
Olsen v. Aldanese, 43 Phil 64..
Land Bank v. Court of Appeals, 249 SCRA
Romulo, Mabanta Law Office v. Home Development Mutual Fund
G.R. No. 131082, June 19, 2000
Association of Philippine Coconut Desiccators v. Phil Coconut Authority
G.R. No. 110526, February 10, 1998
Lupangco v. Court of Appeals, 160 SCRA 848.
Tanada v. Tuvera, 146 SCRA 446
People v. Maceren, 79 SCRA 450.

-Determinative Powers. Enumerate.

-Quasi-judicial or adjudicatory power.
-Administrative due process. Requisites.
Ang Tibay v. CIR
Ute Paterok v. Bureau of Customs, 193 SCRA 132
Civil Service Commission v. Lucas, G.R. No. 127838, January 21, 1999
Lumiqued v. Exenea, G.R. No. 117565, November 18, 1997
Ocampo v. Office of the Ombudsman, G.R. No. 114683, January 18, 2000 Casimiro v. Tandog, G.R. No. 146137, June 8, 2005

-Administrative Appeal and Review.
Araneta v. Gatmaitan, 101 Phil 328.
-Doctrine of res judicata.
Ysmael v. Deputy Executive Secretary, 190 SCRA 673
Board of Commissioners, CID v. Judge de la Rosa, 197 SCRA 853

Reference: Administrative Law, Law on Public Officers and Election Laws, Agpalo
Administrative Law, J. Cruz