Professional Documents
Culture Documents
By
Carlo L. Cruz
Chapter 1
General Considerations
Nature
Administration
Law maintains a watchful eye on those who would violate its order.
While administration on the other hand seeks to spare individuals from
punishments of the law by persuading him to observe its commands.
Chapter 2
Administrative Agencies
Definition
Chapter 3
Powers of Administrative Agencies
Chapter 4
The Quasi-Legislative Power
(a) Supplementary – intended to fill in the details of the law and “to
make explicit what is only general.”
Penal Regulations
(a) The law itself must make violation of the administrative regulation
punishable;
(b) The law itself must impose and specify the penalty for the violation
of the regulation;
Enforcement
It is established that the power to promulgate administrative
regulations carries with it the implied power to enforce them. This
may be effected through judicial action or through sanctions that the
statute itself may allow the administrative body to impose.
Amendment or Repeal
Chapter 5
The Quasi-Judicial Power
A. Jurisdiction
It is the legislature that has the power to confer jurisdiction upon the
administrative body and so limit or expand its authority.
It can be said that each administrative body has its own peculiar
jurisdiction as conferred upon it by the specific provisions of its charter.
The law may allow some administrative bodies to award certain kinds
of damages while denying the same power, for no apparent reason, to
other administrative bodies.
For example, the SEC and NLRC are allowed to award damages
virtually to the same extent as a court of justice. Yet similar authority
has not been conferred by its charter to NTC.
1. Rules of Procedure
The right to notice and hearing is essential to due process and its non-
observance will as a rule invalidate the administrative proceedings.
Persons are entitled to be notified of any pending case affecting their
interests so that, if they are minded, they may claim the right to
appear therein and present their side or refute the position of opposing
parties.
Nevertheless, there are instances when notice and hearing can validly
be omitted. Among the justifications for such omissions are the
urgency of immediate action (which does not preclude the enjoyment
of the right at a later time without prejudice to the person affected)
and the fact that the right had previously been offered but not claimed.
The law does not require another notice and hearing for a review of the
decision of the board.
In M.F. Violago Oiler Tank Trucks vs. NLRC, there was no denial of due
process where the petitioners received notice of the scheduled
investigation the day before said date of the hearing or investigation
but failed to present evidence. On the other hand, there was clearly
such a denial where it appears that a decision rendered against a
person who was not a party to or even notified of the proceedings
taken before a labor arbiter.
D. Enforcement of Decision
E. Res Judicata
Chapter 6
Judicial Review
General Rules
Methods of review
The methods of judicial review are prescribed by the Constitution,
statutes or the Rules of the Court. These methods may be specific or
general.
First, before said actions may be entertained, it must be shown that all
the administrative remedies prescribed by law or ordinance have been
exhausted; and,
A. Reasons
B. Exceptions
In the early case of demaisip vs. Court of Appeals, the Court held that
appeal to the President was not necessary because the Cabinet
member was after all his alter ego and, under the doctrine of qualified
political agency, the acts of the secretary were the acts of the
President.
This view was abandoned in Calo vs. Fuertes, where it was held that
appeal to the President was the final step in the administrative process
and therefore a condition precedent to appeal to the courts.
D. Effect of Non-compliance
Questions Reviewable
A. Questions of fact
The Supreme Court ruled in Osias Academy vs. DOLE that “findings
of administrative agencies which have acquired expertise
because their jurisdiction is confined to specific matters are
generally accorded not only respect but finality.”
B. Questions of Law