Representativeofpoliticalparty c electionofficer d

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Unformatted text preview: Where an administrative officer Assumes to act in violation of the Constitution and other laws 4. Where such order is not Reviewable in any other way and the complainant will POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. ADMINISTRATIVE LAW 5. 6. 7. suffer great and obvious damage if the order is carried out To an Interlocutory order affecting the merits of a controversy To an order made in excess of power, contrary to specific prohibition in the statute governing the agency and thus operating as a Deprivation of a right assured by the statute When review is Allowed by statutory provisions. Q: What are the grounds for reversal of administrative findings? A: 1. Finding is grounded on speculations or conjectures 2. Inferences made are manifestly mistaken or impossible 3. Grave abuse of discretion 4. Misapprehension of facts, or the agency overlooked certain facts of substance or value which if considered would affect the result of the case. 5. Agency went beyond the issues of the case and the same are contrary to the admissions of the parties or the presented 6. Irregular procedures or the violation of the due process 7. Rights of a party were prejudiced because the findings were in violation of the constitution, or in excess of statutory authority, vitiated by fraud, mistake 8. Findings not supported by substantial evidence 5. Judicial Relief from Threatened Administrative Action Q: Can courts render a a decree in advance of administrative action? A: Courts will not render a decree in advance of administrative action. Such action would be rendered nugatory. It is not for the court to stop an administrati...
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This document was uploaded on 03/12/2014.

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