8189 otherwise known as the voters 158 registration

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Unformatted text preview: operty of a delinquent taxpayer 8. Replacement of a temporary or acting appointee 9. Right was previously offered but not claimed ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 149 UST GOLDEN NOTES 2011 2.b. Administrative Appeal and Review Q: What is the concept of Administrative Appeal? A: It refers to the review by a higher agency of decisions rendered by an administrative agency, commenced by petition of an interested party. Note: Administrative appeals are established by the 1987 Administrative Code, which will govern primarily in the absence of a specific law applicable. Under the 1987 Administrative Code, administrative appeals from a decision of an agency are taken to the Department Head. Q: What is the concept of administrative review? A: Administrative appeals are not the only way by which a decision of an administrative agency may be reviewed. A superior officer or department head may upon his or her own volition review a subordinate’s decision pursuant to the power of control. Administrative reviews by a superior officer are, however, subject to the caveat that a final and executory decision is not included within the power of control, and hence can no longer be altered by administrative review. Q: How may administrative decisions be enforced? A: It may be enforced. 1. As provided for by law 2. May invoke the courts intervention 2.c. Administrative Res Judicata Q: Does the doctrine of res judicata apply to administrative proceedings? A: The doctrine of res judicata applies only to judicial or quasi judicial proceedings and not to the exercise of purely administrative functions. Administrative proceedings are non litigious and summary in nature; hence, res judicata does not apply. 3. Licensing, Rate‐Fixing an...
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This document was uploaded on 03/12/2014.

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