Rise of Administrative Law
Which President created a number if administrative agencies with narrow specializations in response to the Great Depression?
President Roosevelt
The first technique evolved by the courts was to use the ________ dichotomy. Thus, in this approach, the Courts directed their question on whether or not the interest affected by administrative action was a ''_'' or merely a "_." This stemmed from the basic phraseology of the due process clause-due process protects life, liberty, or property.
Fill in the blanks
right-privilege dichotomy
What is Negative Liberty?
What is Positive Liberty?
Negative duty- a duty NOT to infringe on rights or commit certain acts.
Positive duty- government has an affirmative duty to combat want, disease, hopelessness, and illiteracy.
Give me one example of a country whose constitution imposes positive duties on government?
The constitution of Argentina, which was crafted in 1853 and is still in force, guarantees to all inhabitants the right to work and to practice any lawful industry, the right to a limited working day, fair remuneration, flexible minimum wage, paid vacation and sick leaves, equal pay for equal' work, a share in the profits o f companies, control and management o f enterprises, and the free and democratic organization of labor unions. The constitution also guarantees social security, flexible retirement pay and pensions, full family protection including family welfare and economic compensation, and access to decent housing."
The constitution of Austria, which was restored in 1945, charges the federal goveniment with the duty o f passing laws on social welfare, land reform, protection of the environment, and for provision of electricity.
The constitution of Chile, which was significantly amended in 1988, lists 26 rights and freedoms guaranteed to all persons, including the right to a contamination-free environment, protection of health, right to an education, social security, and to form labor unions."
There are at least five categories of corporations which may properly be considered under the ownership or control of the government. What are they?
First, corporations created by special legislation at the national level;
Second, subsidiaries of such corporation created under the general corporation law;
Third, corporations acquired by existing government corporations through purchase, foreclosure o f the pledge on the stocks, sequestration, or any other form of acquisition;
Fourth, sub-categories of the first three, which are joint mixed undertaking of both the government and the private sector, with the government holding at least a majority of the controlling shares in said joint undertaking;
Fifth, municipal enterprises, specially public utilities, formed by local general corporation law.
These cases mark a watershed in the struggle to protect the rights of private parties against arbitrary and unfair procedures of government agencies.
These cases, which raised the issue of validity of proceedings before the Department of Agriculture establishing rates for some Kansas City market agencies under the Packers and Stockyards Act of 1921, gave the Supreme Court an opportunity to lecture the agency on essential elements of fair procedure in administrative adjudication.
Morgan cases
The ideology of the welfare state resounded more urgently in the Philippines in the 1930s as Central Luzon seethed with agrarian issues. Thus, _______ was established in 1936 and it was also charged with the function of adjudicating disputes between landlords and tenants in agriculture.
The Court o f Industrial Relations (CIR)
How did the 1987 Constitution define Government owned and controlled corporations?
government-owned or controlled corporations may be created or established by special charters in the interest of the common good and subject to the test of economic viability.
This provision carves out an exception to the constitutional prohibition contained in the same section against creation of private corporations by special legislation.
It is the special law that gives a government-owned or controlled corporation a legal personality, even if it does not specifically create a particular corporation by name and some other legal act remains to be done to give birth to the corporation.
Apart from the creation of a number of government administrative agencies, the advent o f the welfare state also saw the proliferation o f government-owned and controlled corporations.
Give 1 example of a GOCC.
In 1916, the Philippine National Bank (PNB) was created by Act 2612 to develop the sugar industry
The PNB was soon joined by other firms, like the Manila Railroad Company (MRR), which was acquired by the insular government from its English owners,
What kind of legal system is most conducive and essential to a globalized free market economy?
This is answered by James Steinberg, Director of Policy Planning at the US State Department, who stated that "our interests are most secure in a world where the rule of law protects both political rights and free market economies"."
In Ang Tibay v.CIR, the Court enumerated the cardinal primary rights of parties before administrative tribunals. What are they?
right to a hearing; right to adduce evidence which the tribunal must weigh and consider; right to a decision supported by substantial evidence; such substantial evidence must be evidence presented at the hearing or contained in the record and disclosed to the parties; the tribunal must act on its own independent judgment and not simply accept the views of a party in arriving at a decision; and the decision must be rendered in such a manner that the parties can know the issues involved and the reasons for the decision
These concepts "snuck through the judicial backdoor".
The 1987 Constitution vested the power of promoting positive liberty not only on the Congress but also on the Supreme Court. In Article VIII, section 5(5), it empowered the Supreme Court to promulgate rules for the protection and enforcement of constitutional rights.
The most revolutionary contribution of the Supreme Court to the concept o f positive liberty is the promulgation and adoption of ____ and ______.
writs of amparo and habeasdata.
Does the Exec. Secretary and the DFA have the ministerial duty to transmit to the Senate the copy of the Rome Statute signed by a member of the Philippine mission to the U.N. even without the signature of the President?
Pimentel v. Executive Secretary
No.
1. The President as the head of state is the sole organ and authorized in the external relations and he is also the country's sole representative with foreign nations, He is the mouthpiece with respect to the country's foreign affairs.
2. In treaty-making, the President has the sole authority to negotiate with other states and enter into treaties but this power is limited by the Constitution with the 2/3 required vote of all the members of the Senate for the treaty to be valid. (Sec. 21, Art VII).
3. The legislative branch part is essential to provide a check on the executive in the field of foreign relations, to ensure the nation's pursuit of political maturity and growth.
What principles are consistent with the philosophy of a globalized market system
These must be principles consistent with the philosophy of a globalized market system, namely (1) minimum government (2) sanctity of private property, and (3) liberty of contract. These are what James Willard' Hurst calls the "working principles" reflecting the material values o f a society committed to market capitalism and economic development.
What is the role of judges in the globalized market economy?
According to Prof. Manne, ''they are not to regulate individuals' behavior in accordance with the judge's own preferences, but rather to enforce the free choices, private parties" contracts, and reasonable expectations.
Instead of a constitution that limits the power of government, why not also a constitution that requires government to provide for the welfare of the citizens? If a charter can limit governmental power, why can it not grant power to redistribute resources, improve the living conditions of the poor, and provide basic services?
What is this concept popularized in Roosevelt's New Deal Era?
Social Justice
____ is the economic ideology fostered by the United States Supreme Court during the Gilded Age of capitalism.'
It was this ideology which gave rise to a jurisprudence with a free market bias, redefining constitutional concepts of due process, liberty of contract, property rights, and just compensation.
Laissez Faire
What is Rep. Act No. 9851?
SECTION 1. Short Title. – This Act shall be known as the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity”.
Our conformity to the Rome Statute.
Give an example of a case showing the influence of International Law in Specific Fields.
Recite the case.
Shigenori Kuroda was the highest ranking Japanese officer stationed in the Philippines during the Japanese occupation. He was then charged before the Military Commission due to the cruelty that were done against non combatant civilians and prisoners during the war. His trial was in pursuant to EO No. 68 which established the National War Crimes Office and prescribing rules and regulations governing the trial of accused war criminals. Kuroda is questioning the legality of the said EO arguing that the same is not provided in the Constitution. He further underscores the fact that the Philippines is not a signatory of the Hague Convention on Rules and Regulations Covering Land Warfare hence we cannot impose against him any criminal charges because it has no laws to base on, national or international.
Can Kuroda be charged in Philippine Courts? Why?
Yes.
EO No. 68 is constitutional hence the Philippine courts can take cognizance of the case at bar. EO 68 is in pursuant to the constitutional provision that stated in Article 2 of the Philippine Constitution. The Hague Convention and other similar conventions whose principles are generally accepted are considered as part of the law of the land.
In PH Movie Workers Assoc v. Premier Productions, a private employer filed with the labor court a petition to layoff 44 employees. The judge had conducted an ocular inspection in the premises o f the employer on the date of the hearing and he interrogated 15 employees, on the basis of which he granted the employer's petition he granted the Petition.
Upon appeal, what did the Supreme Court say?
The Supreme Court reversed, holding that, since the employees were not given a chance to submit evidence in their favor, they were denied due process. A laborer cannot be deprived of his means of livelihood without due process of law, concluded the court. It should be noted here that the due process clause was applied to private economic power, and this happened at a time when the orthodox view was that this guarantee is a limitation only on governmental power.
Procedural due process in administrative agencies.
Const. art. II.
SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the ______ ______ _____ __ ______ _____ as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
Const. art. VII, sec. 21. SECTION 21. No treaty or international agreement shall be valid and effective unless concurred in by at least _____ of all the Members of the Senate.
According to Alison Smealie:
In the Philippines, President Rodrigo Duterte’s “war on drugs”—an extrajudicial killing campaign waged by his administration through the Philippine National Police—has claimed an alarming 13,000 lives in just the first two years of his term. President Duterte, “_______,” is currently the subject of a preliminary examination by the __________into whether his “war on drugs” exposes him to criminal liability for crimes against humanity.
The Punisher
International Criminal Court (Rome Statute)
The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to a policy of:
___, ___, ___, ____, ____ and ____ with all nations.
peace, equality, justice, freedom, cooperation and amity with all nations
The PCGG (Presidential Commission on Good Government) created an AFP Anti-Graft Board tasked to scrutinize the reports of unexplained wealth and corrupt practices by any AFP personnel (active or retired). The AFP Board investigated various reports of alleged “ill-gotten” wealth of respondent Maj. Gen. Josephus Ramas. Along with this, the Constabulary raiding team served a search and seizure warrant on the premises of Ramas alleged mistress, Elizabeth Dimaano. The Board then concluded that Ramas be prosecuted for violating the “Anti -Graft andCorrupt Practices Act (RA 3019)” and “Forfeiture of unlawfully Acquired Property (RA 1379)
Thereafter, they filed a petition for forfeiture against him before the Sandiganbayan. The Sandiganbayan dismissed the case on several grounds one of which is that there was an illegal search and seizure of the items confiscated.
Was this CORRECT?
Yes. The Supreme Court said: