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Origin and development of administrative law

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In the Philippines, law is divided into eight fields: political law, labor law, criminal law, civil law, commercial law, remedial law, tax law and ethics law. Political law is divided into political law proper (study of the structure of government), constitutional law, administrative law, law on accountability of public officers, election law and public international law. Other authors include criminal law and procedure in this list of divisions of political laws. A FIELD OF MODERN LAW Administrative law is recognized as a separate (and modern) field of law. De Leon and De Leon, Jr. (2010) points out that this field of law is of comparatively recent origin. In fact, under the Anglo-American system, administrative law is not one of the traditionally recognized parts of the law, such, for example, as the criminal law, the common law, and equity. In recent decades and with the rapid expansion of administrative agencies and their increased functions, a substantial body of jurispruden

Minority view on Article 110 (Labor Code)

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FACTS:   Lirag Textile (LIRAG) ceased operations by early 1982. Pursuant to a final and executory judgment of the NLRC, dated 20 March 1983, LIRAG was adjudged liable to its workers for unpaid wages and salaries which, as of 12 February 1986, amounted to P6,292,380.00. LIRAG's only remaining asset was mortgaged to Development Bank of the Philippines (DBP) which on 15 April 1983 foreclosed the mortgage and acquired said property at public auction for P31,346.462.90, in partial satisfaction of LIRAG's indebtedness to DBP. LIRAG's workers through their union (LAND) thereupon sought to garnish on DBP the proceeds of the foreclosure sale, to the extent of their adjudged unpaid wages (P6,292,380.00). The NLRC ruled for LAND over DBP's objection. The issue therefore, in practical terms, is whether P6,292,380.00 should be deducted from the P31,346,462.90 realized by DBP from the foreclosure sale of LIRAG's property, to fully satisfy LAND's claim for LIRAG workers

CASE DIGEST: Ermac v. Medelo (G.R. No. L-32281. June 19, 1975)

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CASE DIGEST: PEDRO ERMAC, and his children, ELENA, CARLOS, ANTONIO, LUCIANO, HILARIO, INDALECIO and FRANCISCA, all surnamed ERMAC, petitioners, vs. CENON MEDELO and JUDGE HERNANDO PINEDA as presiding judge of Branch II of the LANAO DEL NORTE Court of First Instance, respondents. (G.R. No. L-32281. June 19, 1975) FACTS: In a probate proceeding, a third person sought to prevent distribution of the estate on the ground that certain properties did not belong to the estate but to him. ISSUE:  Should the settlement proceeding go on? HELD:  The policy of the law is to terminate proceedings for the settlement of the estate of deceased persons with the least loss of time. The settlement proceeding must go on, and not be delayed. The probate court is NOT  the best forum for the resolution of adverse claims of ownership of any property ostensibly belonging to the decedent’s estate. While there are settled exceptions to this rule, it is not proper to delay the summary settlement of dece

Mandanas v. Ochoa (G.R. No. 199802. July 3, 2018)

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CONGRESSMAN HERMILANDO I. MANDANAS; MAYOR EFREN B. DIONA; MAYOR ANTONINO A. AURELIO; KAGAWAD MARIO ILAGAN; BARANGAY CHAIR PERLITO MANALO; BARANGAY CHAIR MEDEL MEDRANO; BARANGAY KAGAWAD CRIS RAMOS; BARANGAY KAGAWAD ELISA D. BALBAGO, AND ATTY. JOSE MALVAR VILLEGAS, Petitioners, v. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR.; SECRETARY CESAR PURISIMA, DEPARTMENT OF FINANCE; SECRETARY FLORENCIO H. ABAD, DEPARTMENT OF BUDGET AND MANAGEMENT; COMMISSIONER KIM JACINTO-HENARES, BUREAU OF INTERNAL REVENUE; AND NATIONAL TREASURER ROBERTO TAN, BUREAU OF THE TREASURY, Respondents. (G.R. No. 199802. July 03, 2018) WRITTEN BY JUSTICE BERSAMIN FOR THE SUPREME COURT OF THE PHILIPPINES. The petitioners hereby challenge the manner in which the just share in the national taxes of the local government units (LGUs) has been computed. Antecedents One of the key features of the 1987 Constitution is its push towards decentralization of government and local autonomy. Local autonomy has two facets, the