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Philippine Administrative Lawchapter 1

Philippine Administrative Lawchapter 1

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Sections

  • A. Jurisdiction
  • B. Notice and Hearing
  • E. Res Judicata
  • I. GENERAL PRINCIPLES
  • III. EXHAUSTION OF ADMINISTRATIVE REMEDIES
  • IV. JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS

PHILIPPINE ADMINISTRATIVE LAWChapter 1 - General ConsiderationsAdministrative Law – t h a t b r a n c h o f mo d e r n l a w u n d e r which the executive department of the government, acting ina quasi

-legislative or quasi-judicial capacity, interferes withthe conduct of the individual for the purpose of promoting thewell-being of the community.Administrative law is a recent development , being aconsequence of the ever increasing complexities of societyand the proliferation of problems of government that cannotreadily or effectively be addressed by the public agencies orsolved by other disciplines of public law.It was felt that the legislative and judicial departments nolonger had either the time or the needed expertise to attendto these new problems.Thus, the obvious solution was delegation of power .Two major powers of the administrative agency:1. Quasi-legislative authority– or rule making power2. Quasi-judicial power – or adjudicatory function Sources of Administrative Law Administrative law is derived from four sources or is of four(4) kinds: 1. Constitution or statutory enactments – e.g. SocialSecurity Act which established the Social SecurityCommission. 2 . D e c i si o ns o f c ou rt s i n te r p re ti ng the c h ar te r s o f administrative bodies 3. Rules and regulations issued by the administrativebodies – e.g. Omnibus Rules Implementing the Labor Code. 4. Determinations and orders of the administrativebodies in the settlement of controversiesAdministration Administration is understood in two senses:1. institution – administration as the aggregate of individuals in whose hands the reins of government are for the time being.2. function – administration as the actual running of thegovernment by the executive authorities through the enforcement of laws and implementation of policies.Government (as distinguished from administration) is theagen cy or instrumentality through which the will of the Stateis formulated, expressed and realized.

Administration Distinguished from LawLaw is impersonal command provided with sanctions to beapplied in case of violation, while Administration ispreventive rather punitive and is accepted to be morepersonal than law.Law maintains a watchful eye on those who would violate itsorder. While administration on the other hand seeks to spareindividuals from punishments of the law by persuading him toobserve its commands. Chapter 2 - Administrative AgenciesAdministrative agency – a body endowed with quasi-legislative and quasi-judicial powers for the purpose of enabling it to carry out the laws entrusted to it forenforcement or execution.Administrative agency may be regarded as an arm of thelegislature insofar as it is authorize to promulgate rules. Itmay also be loosely considered a court because it performsfunctions of a particular judicial character, as when it decidesfactual and sometimes even legal questions as an incident of its general power of regulation. Creation and Abolition The administrative body may be created by the Constitution or by a Statute .If created by the Constitution itself, the administrative bodycan be altered or abolished only by Constitution. But wherethe body was created only by statute, the legislature thatbreathed life into it can amend or even repeal its charter,thereby resulting in its abolition which is justified if made ingood faith. Chapter 3 - Powers of Administrative AgenciesQuasiLegislative Power – the authority delegated by thelaw-making body to the administrative body to adopt rulesand regulations intended to carry out the provisions of a lawand implement legislative policy. Quasi-Judicial Power – t h e p o we r o f th e a d m i n i s t r a t i ve authorities to make determinations of facts in the performance of their official duties and to apply the law asthey construe it to the facts so found. Chapter 4 - The Quasi-Legislative Power It has already been remarked that the rule-making power of the administrative body is intended to enable it to implement the policy of the

law and to provide for the more effectiveenforcement of its provisions.Through the exercise of this power of subordinate legislation,i t i s p o s s i b l e f o r t h e a d m i n i s t r a t i ve b o d y t o t r a n s mi t t h e “active power of the state from its source to the point of application,” that is, apply the law and so fulfill the mandateof the legislature. Kinds of Administrative Regulations (a) Legislative – the administrative agency is acting in alegislative capacity, supplementing the statute, filling in thedetails, or “making the law”, and usually acting pursuant to aspecific delegation of legislative power.(b) Interpretative – are those which purport to do no morethan interpret the statute being administered, to say what itmeans. They constitute the administrator's construction of astatute.The interpretative regulation is issued by the administrativebody as an incident to its power to enforce the law and isintended merely to clarify its provisions for proper observanceby the people.It is an elementary rule in administrative law that administrative regulations and policies enacted byadministrative bodies to interpret which they areentrusted to enforce , have the force of law, are entitled togreat respect, and have in their favor a presumpption of legality.By contrast, the legislative regulation is issued by theadministrative body pursuant to a valid delegation of legislative power and is intended to have the bindingthe force and effect of a law enacted by the legislatureitself . Classification of Legislative Regulation (a) Supplementary – intended to fill in the details of thelaw and “to make explicit what is only general.” (b) Contingent – issued upon the happening of a certaincontingency which the administrative body is given thediscretion to determine or to ascertain

somecircumstances and on the basis thereof may enforce orsuspend the operation of a law. Requisites of Administrative Regulation (a) Its promulgation must be authorized by the legislature;(b) It must be within the scope of the authority given by thelegislature;(c) It must be promulgated in accordance with the prescribedprocedure;(d) It must be reasonable. First Requisite: Promulgation Must Be Authorized bythe Legislature Authority to promulgate the regulation is usually conferred bythe Charter itself of the administrative body or by the law it issupposed to enforce.When Congress authorizes promulgation of administrativerule s and regulations to implement given legislation, all that isrequired is that the regulation be not in contravention with it,but to conform to the standards that the law prescribes. S e c o nd R e q ui si te : R e g u l at i on M u s t B e W i t hi n the Scope of the Authority Given by the Legislature Assuming a valid authorization, it is still necessary that theregulation promulgated must not be ultra vires or beyond theauthority conferred. Third Requisite: Regulation Must Be Promulgated inAccordance with the Prescribed Procedure As in the enactment of laws, the promulgation of administrative regulations of general application does notrequire previous notice and hearing, the only exception beingwhere the legislature itself requires it . In the absence of such a requirement, the administrative body can promulgate theregulation in its exclusive discretion.B u t wh e r e t h e r e g u l a t i o n i s i n e f f e c t a s e t t l e me n t o f a controversy between specific parties, it is considered anadministrative adjudica tion and so will require notice andhearing.As for publication, the applicable rule is now found inExecutive Order No. 200 which provides that laws “shall takeeffect after fifteen (15) days following the completion of theirpublication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwiseprovided.”Interpretative regulations and those merely internal in nature,that is, regulating only the personnel of the administrativeagency and not the public, need not be published.Publication must be in full or it is no publication at all since

Chapter 5 . in accordance with the standards laid downby the law itself. t h e i r vi o l a t i o n c a n n o t g i ve r i s e t o c r i m i n a l prosecution unless the legislature makes such violationpunishable and imposes the corresponding sanctions.(b) The law itself must impose and specify the penalty for theviolation of the regulation.While administrative regulations may have the force ande f f e c t o f l a w. Construction and Interpretation Regulation should be read in harmony with the statute andnot in violation of the authority conferred on theadministrative authorities. Enforcement It is established that the power to promulgate administrativeregulations carries with it the implied power to enforce them. Amendment or Repeal Like the statute.of course. requires publication of theadministrative regulation only if it is of general applicationand penal in nature. to wit:(1) Jurisdiction must be properly acquired by theadministrative . Special requisites of a valid administrative regulationwith a penal sanction: (a) The law itself must make violation of the administrativeregulation punishable.The Quasi-Judicial PowerQuasi-judicial power – is the power of the administrativeagency to determine questions of fact to which the legislativepolicy is to apply. it would seem. invalid.The administrative regulation that contravenes the statute is. Of course.The proper exercise of the quasi-judicial power requirescompliance with two conditions.itspurpose is to inform the public of the contents of the law. administrative regulations promulgatedt h e r e u n d e r mu s t n o t b e u n r e a s o n a b l e o r a r b i t r a r y a s t o violate due process. the administrative regulation promulgatedthereunder is subject to amendment or repeal by theauthorities that promulgated them in the first place.This may be effected through judicial action or throughsanctions that the statute itself may allow the administrativebody to impose.(c) The regulation must be published. Penal Regulations The power to define and punish crime is exclusively legislativeand may not be delegated to the administrative authorities. Fourth Requisite: Regulation Must Be Reasonable Like statutes.The Supreme Court. it may be changed directly by the legislature.

The Subpoena Power The power to issue subpoena and subpoena duces tecum isnot inherent in administrative bodies.For example. 2.Yet similar authority has not been conferred by its charter toNTC.It is settled that administrative bodies may summon witnessesand require the production of evidence only when dulyallowed by law. of course.The law may allow some administrative bodies to awardcertain kinds of damages while denying the same power. it is deemed also vested with the impliedpower to precribe the rules to be observed in the conduct of its proceedings. 1. Rules of Procedure Where an administrative body is expressly granted the powerof adjudication.But to be valid. in case of disobedience.I t c a n b e s a i d t h a t e a c h a d m i n i s t r a t i ve b o d y h a s i t s o wn p e c u l i a r j u r i s d i c t i o n a s c o n f e r r e d u p o n i t b y t h e s p e c i f i c provisions of its charter. to other administrative bodies.The Supreme Court distinguished between the power to“investigate” and the power to “adjudicate:”“The purpose of investigation.body(2) Due process must be observed in the conduct of theproceedings A. obtain information. is to discover. the rules must not violate fundamental rightsor encroach upon constitutional prerogatives.It is the legislature that has the power to confer jurisdictionu p o n t h e a d m i n i s t r a t i ve b o d y a n d s o l i m i t o r e xp a n d i t s authority. the agency may. deciding or resolving acontroversy involve in the facts inquired into by application .Without jurisdiction. and always only in connection with the matterthey are authorized to investigate. Jurisdiction Jurisdiction – may be simply defined as the competence of an office or body to act on a given matter or decide a certainquestion.administrative agencies are bereft of quasi-judicial power. Unless otherwise providedby law. forno apparent reason. tofinnd out. the determination made by theadministrative bodies are absolutely null and without anylegal effect whatsoever.It is a well-settled principle that unless expressly empowered. invoke thea i d o r Re g i o n a l Tr i a l Co u r t wi t h i n wh o s e j u r i s d i c t i o n t h e co ntested case falls. to learn. The Court may punish customacy orrefusal as contempt. the SEC and NLRC are allowed to awarddamages virtually to the same extent as a court of justice. Nowhere included orintimated is the notion of settling.

Cardinal rights or principles to be observed in administrativeproceedings:a . but on the preservative principle. it is essential that due process must beobserved. say. there is no requirement for strictadherence to technical rules as are observed in truly judicialproceedings. t h e f i r s t o f t h e s e r i g h t s i s t h e r i g h t t o a hearing. the person summoned may not be directlyd i s c i p l i n e b y t h a t b o d y.To be validly exercised. “Adjudge” x x implies ajudicial determination of a fact. must be used only in connectionwith its quasi-judicial as distinguished from its purelyadministrative or routinary functions. Among the justifications for suchomissions are the urgency of immediate action (which doesnot preclude the enjoyment of the right at a later time withoutprejudice to the person affected) and the fact that the righthad previously been offered but not claimed.The power to hold in contempt must be exercised not on thevindictive.In the legal sense. The Contempt Power Like the subpoena power. 1. where. and the entry of judgment.It is a general rule that they are unrestricted by the technicalor formal rules of procedure which govern trials before a court. t h e y ma y c l a i m t h e r i g h t t o a p p e a r t h e r e i n a n d present their side or refute the position of opposing parties. for the requirements of fair play are not applicableto judicial proceedings only.of the law x x. if they arem i n d e d .Nevertheless.b . B. P e r s o n s a r e e n t i t l e d t o b e n o t i f i e d o f a n ypending case affecting their interests so that. the power to punish for contempt isessentially judicial and cannot be claimed as an inherent rightby the administrative body. T h e p r o p e r r e me d y i d f o r t h e administrative body to seek assistance of the courts of justicefor the enforcement of its order. “adjudicate” means to settle in theexercise of judicial authority x x. there are instances when notice and hearingcan validly be omitted. This rule is applied to questions of evidence. a subpoena of the administrative bodyis disregarded.” 3. it must be expressly conferred uponthe body and.Nevertheless. additionally. Notice and Hearing The right to notice and hearing is essential to due process andits non-observance will as a rule invalidate the administrativep r o c e e d i n g s .As a rule. t h e t r i b u n a l m u s t c o n s i d e r . pleadingand other matters. Administrative Due Process While administrative determinations of contested case are bytheir nature judicial.

and the reasons for the decisionsrenderedIt is basic to due process that the tribunal considering theadministrative question be impartial. the administrative body is allowed certainsanctions that it may impose directly for the enforcement of its own decisions.d .e.Significantly.c . anappeal from a final decision of the administrative agency maybe taken to the department head. D.F. refusal to grant clearances. g. Onthe other hand. Violago Oiler Tank Trucks vs. such as writs of preliminary attachment orinjunction. the court should render its decision in such amanner that the parties to the proceeding can know thevarious issues involved.The law does not require another notice and hearing for areview of the decision of the board. intended to ensure . to ensure a fair decision.t h e e v i d e n c e presented. issuance of cease anddesist orders. whose decision may furtherbe brought to the regular courts of justice.In M. many administrative bodies. destruction of unlawful articles. revocation of or refusal to renewlicenses. t h e d e c i s i o n m u s t b e r e n d e r e d o n t h e e vi d e n c e pres ented at the hearing. f. i. in accordance withthe procedure specified by law. e v i d e n c e m u s t b e s u b s t a n t i a l e v i d e n c e – relevant evidence that a reasonable mind may accept asadequate to support a conclusione . h a ve b e e n ve s t e d wi t h a u t h o r i t y t o g r a n t provisional reliefs. there was clearly such a denial where itappears that a decision rendered against a person who wasnot a party to or even notified of the proceedings taken beforea labor arbiter. C. t h e t r i b u n a l m u s t h a ve s o me t h i n g t o s u p p o r t i t s decision. detention and deportation of aliens. the same cannot beenforced except possibly by appeal to the force of publicopinion. NLRC. Enforcement of Decision In the absence of any statute providing for the enforcement of an administrative determination. such as the SECa n d t h e N L R C. however. Administrative Appeals and review Unless otherwise provided by law or executive order.Usually. summary closure of stores. andimposition of fines. the court must act on its or their ownindependent consideration of the law and facts of controversy. there was nodenial of due process where the petitioners received notice of the scheduled investigation the day before said date of thehearing or investigation but failed to present evidence. or at least contained in therecord and disclosed to the parties. and not simply accept the views of asubordinate in arriving at a decision.

”Other appeals are prescribed by special laws. Decisions of the previousincumbents of the administrative body may be modified orreversed by their successors in the exercise of their ownpowers of adjudication. and decisions issued under the Labor Code of the Philippines and by the Central Board of AssessmentAppeals.In the case of the constitutional commission. have upon their finality. the Commission on Audit.This principle is.e.This rule has however been modified in this jurisdiction. and theCivil Service Commission. however. providing for appeal to the Court of Tax Appeals of .”On the basis of Sec. such proceedings that are non-litigious andsummary in nature without regard to legal technicalitiesobtaining in courts of law.It is established that administrative agencies who have notbeen conferred the power to enforce their quasijudicialdecisions may invoke court action for the purpose.It is now well-settled in our jurisprudence that the decisionsand orders of administrative agencies. 16 of the Interim Rules and Guidelineimplementing Sec. Res Judicata The general rule is that an administrative decision is notconsidered res judicata s o a s t o p r e c l u d e i t s s u b s e q u e n t reconsideration or revocation.the enforcement of theiradjudications. 129. awards or resolutions orregional trial courts and of all quasi-judicial bodies. rendered pursuant totheir quasijudicial authority. the doctrine of res judicata is applicable. i. the Court of Appealsmay “review final decisions.Where the administrative decision has been affirmed by acourt decision. jurisprudence is replete with cases where theSupreme Court has applied the exceptions rather than therule. except theCommission on Elections.Judicial ReviewGeneral Rules An administrative decision may be appealed to the courts of justice only if the Constitution or the law permits it or if thequestion to be reviewed is a question of law.1125. theSandiganbayan. Theeffect of res judicata a t t a c h e s t o t h e j u d g m e n t o f t h e reviewing court rather than to the administrative judgment.. theforce and binding effect of a final judgment within the purviewof the doctrine of res judicata.However. it is provided that “any decisionorder or ruling of each Commission may be brought to theSupreme Court on certiorari by the aggrieved party within 30days from receipt of a copy thereof. theCommission on Elections. Chapter 6 . 9 (3) of BP Blg. not applicable to all administrativeproceedings. the Commission on Audit. orders. such as RA No. E.

order or decisions of the Patent Office shall be takenby filing with said body and with the Court of Appeals a noticeof appeal within 15 days from notice of such award.The petition shall contain a concise statement of the issuesinvolved and the grounds relied upon for the review.Second.anydecision rendered by the Commissioner of Internal Revenue.I t i s p r o vi d e d i n RA No . before said actions may be entertained. . copies being served on all interested parties.The doctrine of primary jurisdiction s imply calls for thedetermination of administrative questions. order orruling. that the administrative decision may properly bea n n u l l e d o r s e t a s i d e o n l y u p o n a c l e a r s h o wi n g t h a t t h e administrative official or tribunal has acted without or inexcess of jurisdiction. and shallbe accompanied with a true copy of the order appealed from. whichordinarily questions of fact. or with a grave abuse of discretion.The Supreme Court instructed certain universally acceptedaxioms governing judicial review through the extraordinaryactions of certiorari or prohibition of determinations of administrative officers or agencies:First. or any provincial or city boardof assessment appeals. Copies of the petition shall be served upon theagency and all parties of record.together with copies of such material portions of the recordsas are referred to therein and other supporting papers. 5 4 3 4 t h a t a n a p p e a l f r o m a f i n a l award. by administrative agenciesrather courts of justice. and. and with the reviewing court a petition for review of the order. Doctrine of Primary Jurisdiction or Prior Resort There are two doctrines that must be considered inconnection with the judicial review of administrativedecisio ns:(1) doctrine of primary jurisdiction or prior resort. Methods of review The methods of judicial review are prescribed by theCo n s t i t u t i o n .and (2) the doctrine of exhaustion of administrativeremedies. s t a t u t e s o r t h e R u l e s o f t h e C o u r t .The Administrative Code generally provides that an appealfrom an agency decision shall be perfected by filing with theagency within 15 days from receipt of a copy thereof a noticeof appeal.the Commissioner of Customs. it must beshown that all the administrative remedies prescribed by lawor ordinance have been exhausted. T h e s e methods may be specific or general.

which are available only if there is no other plain. it is best that the courts shouldnot be saddled with the review of administrative cases. Reasons (a) The administrative superiors. Exceptions (a) When the question raised is purely legal (question of lawis involved).(b) When the administrative body is estoppel.mandamus and prohibition. specialized skills and knowledge of the properadministr ative bodies because technical matters or intricateq u e s t i o n s o f f a c t s a r e i n vo l ve d .(c) On practical grounds. a n a d m in i s t r a t ive d e c is i on m u s t f ir s t b e a p p e a l e d t o t h e a d m in is t r a t ive s u p e r io r u p t o t h e highest level before it may be elevated to a court of justice for review . A.(b) Courts should as much as possible refrain fromdisturbing the findings of administrative bodies indeference to the doctrine of separation of powers.(d) When there is urgent need for judicial intervention.(e) When the claim involved is small. speedy and a d e q u a t e remedy.(h) When strong public interest is involved. speedy and adequate remedy.If the case is such that its determination requires theexpertise.(i) When the subject of the controversy is private land.( g ) W h e n there is no other plain.(c) When the act com plained of is patently illegal.can correct the errors committed by their subordinates.(f) When irreparable damage will be suffered. Court of Appeals. t h e n r e l i e f mu s t f i r s t b e obtained in an administrative proceeding before a remedy willbe supplied by the courts even though the matter is within theproper jurisdiction of the court Doctrine of Exhaustion of Administrative Remedies Under the doctrine of exhaustion of administrativeremedies . Jurisprudence on this matter is rather indecisive. the Courtheld .In the early case of demaisip vs.(j) In quo warranto proceeding s C. B. if given the opportunity.(d) Judicial review of administrative cases is usuallyeffected through the special civil actions of certiorari. Appeal to the President Of special interest is the question of whether or not a decisiono f t h e c a b i n e t m e m b e r h a s t o b e a p p e a l e d f i r s t t o t h e P r e s i d e n t b e f o r e i t ma y b e b r o u g h t t o a c o u r t o f j u s t i c e .

dispense with it and proceedwith the disposition of the case. Questions of fact Even if allowed to review administrative decisions onquestions of fact. the court has the discretion to requirethe observance of the doctrine of exhaustion of administrativeremedies and may.If this ground to dismiss the court action is not properly orreasonably invoked.As previously noted. if it sees fit. Effect of Non-compliance The failure to exhaust administrative remedies does not affectthe jurisdiction of the court and merely results in the lack of acause of action which may be invoked in a motion to dismiss. the administrativedecision may be appealed to the courts of justiceindependently of legislative permission or even againstlegislative prohibition.that appeal to the President was not necessary becausethe Cabinet member was after all his alter ego and.Tan vs. whether made initially by lower courts andmore so by an administrative body. where it washeld that appeal to the President was the final step in theadministrative process and therefore a condition precedent toappeal to the courts. Peralta.But when it comes to the question of law . the court may proceed to hear the case. Questions Reviewable Two kinds of questions are reviewable by the courts of justice. however. A.On the question of fact . Fuertes. again on the basis of alter ego justification. which may or may notpermit it as it sees fit. review of the administrative decisionlies in the discretion of the legislature. under thedoctrine of qualified political agency. the acts of the secretarywere the acts of the President. Director of Forestry. the court reinstated theDem aisip doctrine. The reason is that the judiciary cannotbe deprived of its inherent power to review all decisions onquestions of law. courts of justice generally defer to suchdecisions and will decline to disturb them except only wherethere is . D.to wit: the question of fact and the question of law .This view was abandoned in Calo vs. thereafter revived Calo andagainr e q u i r e d a p p e a l t o t h e P r e s i d e n t a s a p r e r e q u i s i t e t o a n appeal of a Cabinet member's decision to the courts of Justice.In Bartulata vs.

” B. Powers of Administrative Bodies Administrative agencies possess both quasi-legislativeand quasijudicial powers. DOLE that “findings of administrative agencies which haveacquired expertise because their jurisdiction isconfined to specific matters are generally accorded not only respect but finality. In aSeparate Opinion written by former Supreme Court Justice JosueBellosillo in Commissioner of Internal Revenue vs. quasi-legislative power is defined as: “… the power tomake rules and regulations which results in delegated legislationthat is within the confines of the granting statute and the doctrineof non-delegability and separability of powers. Court of Appeals. The former pertains to the rule-makingpower while the latter pertains to the adjudicatory power. By this power.The Supreme Court ruled in Osias Academy vs. It is one of the many functions that the legislative branch of the government may delegate to administrative agencies.”The quasijudicial power is the power of theadministrative agency to determine questions of fact to which thelegislative policy is to apply in accordance with the standards laidd o wn b y t h e l a w i t s e l f .administrative authorities are enabled to interpret and apply . I t i s o f t e n r e f e r r e d t o a s t h e p o we r o f administrative adjudication. it is only the judicial tribunal that caninterpret and decid the question of law with finality. Questions of Law Administrative bodies may be allowed to resolve questions of l a w i n t h e e xe r c i s e o f t h e i r q u a s i j u d i c i a l f u n c t i o n a s a n incident of their primary power of regulation.However as a rule. It is the power of an administrativeagency to hear and determine.T h e q u a s i l e g i s l a t i ve f u n c t i o n i s t h e p o we r t o a d o p t rules.a clear showing of arbitrariness or grave abuse of discretion. Rulem a k i n g p o we r r e f e r s t o t h e p o we r t o p r o mu l g a t e r u l e s a n d regulations in implementing a specific law while the adjudicatorypower refers to the power to make determinations and decisionswh i c h a r e e s s e n t i a l l y j u d i c i a l i n n a t u r e b u t i n c i d e n t a l t o t h e primary task in implementing laws. or to ascertain facts and decide bythe application of rules to the ascertained facts.

2. interrogation of witnessesor inspection of premises. or “making the law”. Enabling Powers – those that permit the doing of an actwhich the law undertakes to regulate and which would beunlawful without government approval. b. a. c. in relation to its broad powerof investigation and examination. E xam i n i ng P ow e r – e n a b l e s i t t o i n s p e c t t h e records and premises. Summary Power – are those involving the use byadministrative authorities of force upon persons orthings without the necessity of previous judicialwarrant. It also pertains tovisitorial power. Directing Powers – o r d e r t h e d o i n g o r p e r f o r m a n c e o f particular acts to ensure compliance with the law and areoften exercised for corrective purposes. Kinds of Administrative Rules and RegulationsKinds of Administrative Regulations (a) Legislative – t h e a d m i n i s t r a t i ve a g e n c y i s a c t i n g i n a legislative capacity.notonly implementing rules and regulations promulgated by them butalso the laws entrusted to their administration. supplementing the statute. issue writs of preliminary injunction andeven punish contempt. D i s p e n si ng P ow e r – allows the administrativeofficer to relax the general operation of a law orexempt from the performance of a general duty. DETERMINATIVE POWERS 1. filling in thedetails. It also allowsadministrative agencies to actually conducthearings. and investigate the activitiesof persons or entities coming under itsjurisdiction. and usually acting pursuant to aspecific delegation of legislative power.(b) Interpretative . Examples are issuance of subpoenas.swearing in of witnesses.

It is an elementary rule in administrative law that administrativeregulations and policies enacted by administrative bodiesto interpret which they are entrusted to enforce . 1.” (d) Contingent – issued upon the h a p p e n i n g o f a c e r t a i n contingency which the administrative body is given thediscretion to determine or to ascertain some circumstancesa n d o n t h e b a s i s t h e r e o f ma y e n f o r c e o r s u s p e n d t h e operation of a law. it is generally required that before alegislative rule is adopted there must be hearing. . are entitled to great respect. designed toimplement a primary legislation by providing the detailsthereof.– are those which purport to do no more thaninterpret the statute being administered. and have in their favora presumpption of legality. have theforce of law. SUPPLEMENTARY or DETAILED LEGISLATION – They are rulesa n d r e g u l a t i o n s “ t o f i x t h e d e t a i l s ” i n t h e e xe c u t i o n a n d enforcement of a policy set out in the law. 2. the l e g i sl a ti v e re g ul at i o n i s i ss ue d b y t he ad m i ni s tr at i v e b od y p ur su a nt t o a v al i d d e l e g at i o n o f legislati ve power and is intended to have the binding theforce and effect of a law enacted by the legislature itself .By contrast.The interpretative regulation is issued by the administrative bodyas an incident to its power to enforce the law and is intendedm e r e l y t o c l a r i f y i t s p r o vi s i o n s f o r p r o p e r o b s e r va n c e b y t h e people.They constitute the administrator's construction of a statute. Classification of Legislative Regulation (c) Supplementary – intended to fill in the details of the lawand “to make explicit what is only general. to say what it means. The legislative ruleis in the nature of subordinate legislation. In the same way that laws must have the benefit of public hearing.

INTERPRETATIVE LEGISLATION – They are rules andregulations construing or interpreting the provisions of astatute to be enforced and they are binding on all concerneduntil they are changed. What is thought. some circumstances on which the law. applyingor suspending a law.(b) The law itself must impose and specify the penalty for theviolation of the regulation. Special requisites of a valid administrative regulation witha penal sanction: ( a ) Th e l a w i t s e l f mu s t ma k e vi o l a t i o n o f t h e a d m i n i s t r a t i ve regulation punishable. under and pursuantto the law. There is always an omission thatmay not meet a particular situation. Jurisdiction must be properly exercised by the administrativebody.b. is free to – a. Administrative Rules with Penal Sanctions The power to define and punish crime is exclusively legislativeand may not be delegated to the administrative authorities. The inquiry is not into the validity butinto the correctness or propriety rule. They have the effect of law and aree n t i t l e d t o g r e a t r e s p e c t . for putting in effect. Proper exercise of Quasi-judicial power 1. Due process must be observed in the conduct of theproceedings.(c) The regulation must be published. Doctrine of Necessary Implication N o s t a t u t e c a n b e e n a c t e d t h a t c a n p r o vi d e a l l t h e details involved in its application. at the timeof enactment.c . by its ownterms. makes its own action depend. As a matter of powerwhen confronted with interpretative rule. CONTINGENT LEGISLATION – they are rules and regulationsmade by an administrative authority on the existence of certain facts or things upon which the enforcement of the lawdepends. 3. to be an all- . that is. Go to the opposit e e x t r e m e a n d s u b s t i t u t e i t s judgment. G i ve s o me i n t e r m e d i a t e d e g r e e o f a u t h o r i t a t i ve weight to the interpretative rule. Whileadministrative regulations may have the force and effect of law. or to find the facts orconditions properly prescribe under which a law as passedwill or will not operate. It is issued upon the happening of a certaincontingency which the administrative body is given thediscretion to determine or “to ascertain. T h e y h a ve i n t h e i r f a vo r t h e presu mption of legality.2.their violation cannot give rise to criminal prosecution unless thelegislature makes such violation punishable and imposes thecorresponding sanctions. Give the force of law to the rule.

. pleading andother matters.including all such collateral and subsidiary consequences as maybe fairly and logically inferred from its terms. additionally. e v i d e n c e m u s t b e s u b s t a n t i a l e v i d e n c e – r e l e v a n t evidence that a reasonable mind may accept as adequate tosupport a . for the requirements of fair play are not applicable tojudicial proceedings only. t h e t r i b u n a l m u s t h a v e s o m e t h i n g t o s u p p o r t i t s decision.k . The power to hold in contempt must be exercised not onthe vindictive. i .embracing legislation may beinadequate to provide for the unfolding events of the future. t h e f i r s t o f t h e s e r i g h t s i s t h e r i g h t t o a h e a r i n g . To be validly exercised. privileges or jurisdiction which it grants.I t i s a g e n e r a l r u l e th a t t h e y a r e u n r e s t r i c t e d b y t h e technical or formal rules of procedure which govern trials before acourt.One of the rules of statutory construction used to fill in the gap ist h e d o c t r i n e o f n e c e s s a r y i mp l i c a t i o n . to contain all such provisions as maybe necessary to effectuate its object and purpose. t h e p o we r t o p u n i s h forcontempt is essentially judicial and cannot be claimed as a n inherent right by the administrative body. j . This rule is applied to questions of evidence. the person summoned may not be directly disciplineby that body.must be used only in connection with its quasi-judicial asdistinguished from its purely administrative or routinary functions. it is essential that due process must beobserved. Administrative Due Process While administrative determinations of contested caseare by their nature judicial. or to makeeffective rights.So-called gaps in the law develop as the law is enforced. but on the preservative principle. powers. t h e t r i b u n a l mu s t c o n s i d e r t h e e vi d e n c e p r e s e n t e d .Nevertheless.As a rule. by implication. Contempt Power of Administrative Agencies L i k e t h e s u b p o e n a p o we r . there is no requirement for strictadherence to technical rules as are observed in truly judicialproceedings. where. a subpoena of the administrative body isdisregarded. The proper remedy is for the administrative body toseek assistance of the courts of justice for the enforcement of itsorder. Cardinal rights or principles to be observed in administrativeproceedings:h . . E ve r y s t a t u t e i s understood. .it must be expressly conferred upon the body and. say.

Decisions of the previousincumb ents of the administrative body may be modified orreversed by their successors in the exercise of their own powersof adjudication.m. detention and deportation of aliens. intended to ensure the enforcement of theiradjudications. Thelaw does not require another notice and hearing for a review of the decision of the board. Doctrine of Res Judicata T h e g e n e r a l r u l e i s t h a t a n a d m i n i s t r a t i ve d e c i s i o n i s n o t cons idered res judicata so as to preclude its subsequentreconsideration or revocation.Usually. t h e c o u r t m u s t a c t o n i t s o r t h e i r o wn i n d e p e n d e n t co nsideration of the law and facts of controversy. h a ve b e e n ve s t e d wi t h a u t h o r i t y t o g r a n t provisional reliefs.conclusionl .Significantly. and notsimply accept the views of a subordinate in arriving at adecision. such as theS E C a n d t h e N L R C. many administrative bodies. summary closure of stores. and imposition of fines. e . to ensure a fair decision. or at least contained in the recordand disclosed to the parties.n . issuance of cease and desistorders. the administrative body is allow edcertain sanctions that it may impose directly for the enforcemento f i t s o wn d e c i s i o n s . such as writs of preliminary attachment orinjunction. t h e c o u r t s h o u l d r e n d e r i t s d e c i s i o n i n s u c h a ma n n e r t h a t t h e p a r t i e s t o t h e p r o c e e d i n g c a n k n o w t h e various issues involved. i . and the reasons for the decisionsrenderedI t i s b a s i c t o d u e p r o c e s s t h a t t h e t r i b u n a l c o n s i d e r i n g t h e administrative question be impartial. however. Enforcement of Administrative Decisions In the absence of any statute providing for theenforcement of an administrative determination.Where the .It is established that administrative agencies who haven o t b e e n c o n f e r r e d t h e p o we r t o e n f o r c e t h e i r q u a s i j u d i c i a l decisions may invoke court action for the purpose. r e vo c a t i o n o f o r r e f u s a l t o r e n e w licenses. t h e d e c i s i o n m u s t b e r e n d e r e d o n t h e e v i d e n c e presented at the hearing. refusal to grant clearances. destruction of unlawful articles. the same cannotb e e n f o r c e d e xc e p t possibly by appeal to the force o f p u b l i c opinion.

such proceedings that are non-litigious and summary in nature without regard to legaltechnicalities obtaining in courts of law. by administrative agencies rather courts of justice. it is a pre-condition that he shouldhave availed of all the means of administrative processes affordedhim.The doctrine of primary jurisdiction s imply calls for thedetermination of administrative questions. then relief must first be obtainedin an administrative proceeding before a remedy will be suppliedb y t h e c o u r t s e ve n t h o u g h t h e ma t t e r i s wi t h i n t h e p r o p e r jurisdiction of the court. Theeffect of res judicata attaches to the judgment of the reviewingcourt rather than to the administrative judgment.This principle is. however. exhaustion of remedies is not required. the doctrine of res judicata is applicable.Basic is the rule which has been consistently held by thisCourt in a long line of cases that "before a party is allowed to seekthe intervention of the court. and (2) the doctrine of exhaustion of administrative remedies. however. This rule hashowever been modified in this jurisdiction. renderedpursuant to their quasi-judicial authority. Doctrine of Exhaustion of Administrative Remedies and theExceptions The doctrine of exhaustion of administrative remediesprovides that no one is entitled to judicial relief for a supposed orthreatened injury until the prescribed statutory administrativeremedy has been exhausted. specialized skills and knowledge of the properadministrative bodies because technical matters or intricatequestions of facts are involved. Hence. whereit would be futile to do so.administrative decision has been affirmed bya court decision. the Supreme court has repeatedlyheld that failure to exhaust administrative remedies is grounds fordismissal.the force and binding effect of a final judgment within the purviewof the doctrine of res judicata. Doctrine of Prior Resort / Primary Jurisdiction There are two doctrines that must be considered in connectionwith the judicial review of administrative decisions: (1) doctrine of primary jurisdiction or prior resort.I t i s n o w we l l s e t t l e d i n o u r j u r i s p r u d e n c e t h a t t h e decisions and orders of administrative agencies. If the case is such that its determination requires theexpertise. which ordinarily questions of fact. if a remedy within the administrative machinery canstill be resorted to by giving the administrative . have upon their finality. not applicable to alladministrative proceedings.

(o) When the claim involved is small. 290 SCRA 198]Under the doctrine of exhaustion of administrativeremedies.(s) When the su bject of the controversy is private land.The doctrine of exhaustion of administrative remedies ismerely one aspect of the broader doctrine which requires finaladministrative action as . speedy and adequate remedy.[Union Bank vs Court of Appeals. an administrative decision must first be appealed to theadministrative superior up to the highest level before it may beelevated to a court of justice for review . which are available only if there is no otherplain. but went directly to court.(q) When there is no other plain. it was heldthat the court action was prematurely and the petitioner failed toexhaust administrative remedies. if given the opportunity.(g) On practical grounds. it is best that the courts should not besaddled with the review of administrative cases. Reasons(e) The administrative superiors. then such remedy should be exhausted first beforethe court's judicial power can be sought. to the Secretaryof Labor and Employment.(m) When the act complained of is patently illegal.(p) When irreparable damage will be suffered. Bathan-Velasco.(r) When strong public interest is involved.A.(h) Judicial review of administrative cases is usually effectedthrough the special civil actions of certiorari. cancorrect the errors committed by their subordinates. because the petitioner did not take an appeal from theorder of the Director.( t ) I n q u o wa r r a n t o p r o c e e d i n g s Doctrine of Finality of Administrative Actions N o r e s o r t t o t h e c o u r t s w i l l b e a l l o w e d u n l e s s t h e administ rative action has been completed and there is nothing leftto be done in the administrative structure. Exceptions(k) When the question raised is purely legal (question of law isinvolved).(l) When the administrative body is estoppel.I n t h e c a s e o f SSS Employees Association v. The prematureinvocation of court's intervention is fatal to one's cause of action.(f) Courts should as much as possible refrain from disturbingthe findings of administrative bodies in deference to thedoctrine of separation of powers. speedy and adequate remedy.B.officer concernedevery opportunity to decide on a matter that comes within hisjurisdiction.(n) When there is urgent need for judicial intervention. Bureau of Labor Relations. mandamusand prohibition.

either fixed by law or enduring atthe pleasure of the creating power. In general. possess a delegation of a portion of the sovereign powers of government.the principle of finality of administrative action is thus broader inscope and application than the doctrine of exhaustion of administrative remedies. a u t h o r i t y of law Public Officer – . A party aggrieved mustnot merely initiate the prescribed administrative procedure toobtain relief. by which for a given period. Zabat v.but the lack of finality of administrative action may yet be urged. powers conferred and duties imposed must be defined by thelegislature or by legislative authority 4. but must also pursue it to its appropriate conclusionbefore seeking judicial intervention in order to give thatadministrative agency an opportunity to decide the matter byitself correctly and prevent unnecessary and premature resort tothe courts Public Office and Public Officers Public Office . an individual is invested withsome sovereign power of government to be exercised by him forthe benefit of the people. Court of Appeals . created and conferred bylaw. statutory enactment3 . to be exercised for the benefit of the public 3.Right.Elements: 1. created bylaw or by authority of law 2. However. in a few instances the doctrine of exhaustion of remedy may not be available in a particular court.In. permanence or continuityCreation:1 .the two principles are applied in situations in which a like resultcould be reached.prerequisite of judicial review. duty. authority. duties must be performed independently and without controlof the superior power UNLESS they be those of an inferior orsubordinate officer created or authorized by the legislatureand placed under the general control of a superior officer orbody 5. Co n s t i t u t i o n 2.

Read:Phil. decisions and orders . 20 SCRA 620. Sandiganbayan G.Kinds 1.A r t i c l e 2 0 3 . 110544. October 16. COMELEC G. Torres.R.Net Notesbank Nachura Notes – Administrative Law (Kiddy) I.Branch of public law which: Fixes the organization Determines the competence of administrative authorities Indicates to the individual remedies for the violation of his rights.1995Azarcon vs. includes elective and appointive officials andemployees. PinoyLaw. Rules. 103144. a n y p e r s o n wh o . GENERAL PRINCIPLES Administrative Law . Association of Service Exporters vs.Read:Piclaro vs. No.R. No. RA 3019.R. 2001. 91 Phil 724. Tan. orshall perform in said Government public duties as an employee. 212SCRA 298Philsa International Replacement and Services Corp vs. Determinations.unclassified or exempt servic es. permanent or temporary whether in the classified. evennominal from the government. receiving compensation. popula r election or appointment by competent authority shall takepart in the performance of public functions in the Government. Sandiganbayan. Statutes 2. shall be deemedto be a public officer. April 4. or subordinate official of any rank or class.Sec of Labor. 1996. regulations or orders 3.Malaluan vs. b y d i r e c t p r o vi s i o n o f l a w. 268 SCRA 747Read:Rodriguez vs. March 6.Monroy vs. 120193. No. Court of Appeals. G.agent.

as an Organization – group or aggregate of persons in whose hand the reins of government are for the time being. authority of lawCriterion primarily regulatory on its rule-making authority it is administrative when it does nothave discretion to determine what the law shall be but merelyprescribes details for the enforcement of the law. constitutional provision2. offering some gratuity.Types1. Body of doctrines and decisionsAdministration1. carry on certain of the actual business of the government3. Internal – legal side of public administration2. .Kinds1. as a Function – the execution. External – deals with problems of government regulationAdministrative Bodies or AgenciesOrgan of government which affects the rights of private parties either throughadjudication or rule-making. grant or special privilege2. legislative enactment3.Creation1. in non-judicial matters. of the law or will of theState as expressed by competent authority2.4.

adjust individual controversies because of strong social policy involved7. make the government a private partyII. Quasi-legislative or rule-making power2. regulate business affected with public interest5. POWER OF ADMINSITRATIVE BODIES PinoyLaw. DeterminativeQuasi-Legislative Power Exercise of delegated legislative power Involves no discretion as to what the law shall be Fix the details in the execution or enforcement of a policy Rules and regulations issued by administrative authorities pursuant topowers delegated to them have the force and effect of law o They are binding on all persons subject to them o Courts will take judicial notice .performing some business service for the public4. Quasi-judicial or adjudicatory3. regulate private business and individuals. pursuant to police power6.Net Notesbank Nachura Notes – Administrative Law (Kiddy) Powers of Administrative Bodies1.

modify or amend the other. Supplementary or Detailed Legislation Fix the details in the execution and enforcement of a policy set out in thelaw.It must not override. Administrative order is an ordinance issued by the President which relatesto specific aspects in the administrative operation of Government.2. The function of promulgating rules and regulations may be legitimatelyexercised only for the purpose of carrying out the provisions of the lawinto effect. Administrative regulations cannot extend the law or amend a legislativeenactment. Its duty is to enforce the law. Interpretative Legislation Construe or interpret the provisions of a statute to be enforced Binding on all concerned until they are changed Effect of law and are entitled to respect Have in their favor presumption of legality . Administrative agency has no discretion whether or not to implement alaw.Letters of Instructions and Eos are presidential issuances.Kinds of Administrative Rules or Regulations1. depending on which comes later. but must remain consistent with the law they seek toapply and implement. one may repealor alter. Administrative regulations must be in harmony with the provisions of law.

Reasonable4.Erroneous application of the law by public officers does not barsubsequent correct application of the law3.Requisites for Validity1. Publication in the OG or in a newspaper of general circulation Interpretative rules and regulations/mere internal in nature/ letters of instructions concerning the rules and guidelines to be followed by theirsubordinates in the performance of their duties may simply be POSTED inCONSPICUOUS PLACES in the AGENCY.Net Notesbank Nachura Notes – Administrative Law (Kiddy) 2. law itself must declare as punishable the violation of the administrative rule orregulation2. Contingent Legislation Made on the existence of certain facts or things upon which theenforcement of law depends. Issued under authority of law2 PinoyLaw. Within the scope and purview of the law3. law should define or fix the penalty for the violation of the administrative rule orregulationNecessity for Notice and Hearing . DOLE Department Order and POEA Memorandum Circulars – properpublication + filing in the Office of the National Administrative Register(Article 5 of LC)Administrative Rules with Penal Sanctions (additional requisites)1.

Energy Regulatory Board)Determinative Powers .(Maceda vs. substantive rules where the class to be affected is large and thequestions to be resolved involve the use of discretion committedto the rule-making body Hearing Requirement:1. merely legal opinions4. they may partake of alegislative character Adjudicative Function: prior notice and hearing are essential to the validity Where the rules and rates are meant to apply exclusively to aparticular party. designed to implement a law byproviding details2. subordinate legislation. ex-parte. it does not preclude the Board from ordering. promulgation of a general regulation2.NO constitutional requirement for a hearing:1. to reduce or increase it further or to deny the application. a provisional increase subject to its final disposition of whether or not tomake it permanent. then its function is quasi-judicial in character • Where hearing is indispensable. substantially adds to or increase the burden of those concerned3. rule is procedural3. exercise of quasi-legislative authorityFunction of Prescribing Rates by an Administrative Agency may either be: Legislative Function: prior notice and hearing is not a requirement Where the rules and rates are meant to apply to ALL enterprises of a given kind throughout the country.

Directing Power of assessment of BIR and Customs2.PinoyLaw. require production of documents. Dispensing To exempt from a general prohibition OR Relieve individual or corporation from an affirmative duty4.Net Notesbank Nachura Notes – Administrative Law (Kiddy) 1. Enabling Permit or to allow something which the law undertakes to regulate3. Examining Investigatory power1. etc. attendance of witnesses3. . summonwitnesses. production of books. etc.2. papers. compelling their testimony Power to compel attendance of witnesses not inherent inadministrative body But an administrative officer authorized to take testimony orevidence is deemed authorized to administer oath.

He cannot be convicted of an offense with which he was not charged. decision must be based on the evidence adduced at the hearing or at leastcontained in the record and disclosed to the parties6.Due process demands that the person be duly informed of the charges against him. right to hearing2.Net Notesbank . when granted.4 PinoyLaw. mere posting of the notice of hearing in the Bulletin Board does notconstitute compliance. Summary Power to apply compulsion or force against persons or property toeffectuate a legal purpose without a judicial warrant to authorizesuch actionQuasi-Judicial or Adjudicatory PowersProceedings partake of the character of judicial proceedingsAdministrative due process1. decision must be rendered in such a manner that the parties to thecontroversy can know the various issues involved and the reasons for thedecision renderedIn forfeiture proceeding. where the owner of the allegedly prohibited article isknown. tribunal must consider evidence presented3. the Board or Judges must act on its or independence consideration of thefacts and the law of the case. decision must have something to support itself 4.Power to punish contempt must be expressly granted to theadministrative body. and not simply accept the views of asubordinate in arriving at a decision7. evidence must be substantial5. may be exercised only whenadministrative body is actually performing quasi-judicial functions5.

Summary proceedings may be conductedAdministrative due process dies not necessarily require the assistance of counsel. In administrative proceedings.Nachura Notes – Administrative Law (Kiddy) Party be afforded reasonable opportunity to be heard and to submitany evidence he may have in support of the defense. as actual adversarialproceedings become necessary only for clarification or when thereis a need to propound searching questions to witnesses who givevague testimonies. it means the opportunity yto explainone’s side or opportunity to seek a reconsideration of the action orruling complained of. the prospective extradite does not face a clear andpresent danger of loss of property or employment. necessary.The standard of due process that must be met in administrative tribunals allows acertain latitude as long as the element of fairness is not ignored. Procedural right which employee must ask for since it isnot an inherent right. there is no denial of due process as long as the partiesare given the opportunity to be heard. .In a request for extradition. Requirement of notice and hearing in termination cases does notconnote full adversarial proceedings. He is entitled to the minimum requirements of notice andopportunity to be heard. opportunity to be heard2. at alltimes.Administrative due process:1. opportunity to seek reconsideration3. but of liberty itself. even in theabsence of previous notice. a formal or trial-type hearing is not.

no abuse of discretion4. summary proceedings of distraint and levy upon the property of a delinquenttaxpayer3. preventive suspension of a public officer/employee pending investigation of administrative chargesRight Against Self-Incrimination PinoyLaw. grant of provisional authority for increased rates or to engage in a particular lineof business2. . summary abatement of a nuisance per se which affects the immediate safety of persons/property5. cancellation of passport.Administrative Determinations where Notice and Hearing are NOT necessary for dueprocess1. he can be cross-examined.Power to Punish Contempt is Inherently Judicial1.Net Notesbank Nachura Notes – Administrative Law (Kiddy) Administrative charge of unexplained wealth which may result inforfeiture of the property Medical practitioner where proceeding could possibly result in the loss of his privilege to practice medicine Right may be invoked at the time he is called as a witness If he voluntarily takes the witness stand.opportunity to explain one’s sideSubstantial evidence: such relevant evidence as a reasonable mind might accept asadequate to support a conclusion which is the quantum of proof necessary toprove a change in an administrative case“To be heard” does not mean only verbal agreements in court. one may also beheard through pleadings. but hemay still invoke the right at the time the question which calls for ananswer which incriminates him of an offense other than that which ischarged is asked.

appellate administrative agencyDoctrine of res judicata Decisions and orders of administrative agencies have upon their finality.judicial powersAdministrative Decisions not Part of the Legal System no vested right could not place government in estoppelAdministrative Appeal and Review1.conferred by law and2. question of citizenship is resolved by a court or an administrativebody as a material issue in the controversy after a full-blownhearing2. Conclusive upon the rights of the affected parties as though the same had beenrendered by a court of general jurisdiction. President/ Department Secretaries by virtue of the power of Control3. Republic1. administrative body is engaged in performance of its quasi. Applies to adversary administrative proceeding Does NOT apply in administrative adjudication relative to citizenship Exception: Zita Ngo Burca vs. . higher or superior administrative body2. the forceand effect of a final judgment within the purview of the doctrine of res judicata. Forbids the reopening of a matter once determined by competent authority actingwithin their exclusive jurisdiction.

fish cages and other aqua-structures in Laguna de Bay. EXHAUSTION OF ADMINISTRATIVE REMEDIES DoctrineWhenever there is an available administrative remedy provided by law. no judicial recourse can be made until all such remedies have been availed of andexhausted. administrative charges.Net Notesbank Nachura Notes – Administrative Law (Kiddy) Housing and Land Use Regulatory Board (HLURB): unsound real estate businesspracticesDepartment of Energy: electric powerHome Insurance Guarantee Corporation(HIGC): disputes involving homeownersassociation III. may issue cease and desist ordersDECS Regional Director: return to work order. finding made by the administrative body on the citizenship issue isaffirmed by the SCLLDA: regulatory and quasi-judicial power in respect to pollution cases andmatters affecting the construction of illegal fishpens.Reasons1.active participation of the SolGen3. judicial review of administrative decisions is usually made through special civilactins. constitutean investigating panel6 PinoyLaw. which will not normally prosper if there is another plain. resort to courts maybe unnecessary2. principles of comity and convenience4. if relief is first sought from a superior administrative agency. speedy andadequate remedy in the ordinary course of law . administrative agency should be given a chance to correct its error3.

Doctrine of Prior Resort/ Doctrine of Primary Administrative Jurisdiction No Where there is competence or jurisdiction vested upon an administrative bodyto act upon a matter.Only decision of administrative agencies made in the exercise of QUASI-JUDICIAL and ADJUDICATORY POWERS are subject to the rule onexhaustion. Conversion of subdivision lots HLURB Enforcement of forestry laws DENR Issuing license to radio stations NTC Disputes arising from construction contracts Construction Industry ArbitraryCommission Agricultural lands under the coverage of CARP DAR . no resort to the courts may be made before suchadministrative body shall have acted upon the matter. Constitutionality/validity of a rule or regulation in the performance of quasi-legislative function regular courts have jurisdictionCorollary Principle1.

Effect of Failure to Exhaust Administrative RemediesJurisdiction of court is NOT affectedComplainant is deprived of a CAUSE OF ACTION which is a ground for MTDIf no MTD is filed. deemed a waiverExceptions1. PinoyLaw. Estoppel on the part of the Administrative Agency4. Issue involved is purely a legal question 5. Doctrine of Qualified Political Agency (alter ego doctrine)2.Effluents of a particular industrial establishment Pollution Adjudication Board2. Doctrine of Finality of Administrative Action No resort to the courts will be allowed unless the administrative action has beencompleted and there is nothing left to be done in the administrative structure. Administrative remedy is fruitless 3.but must pursue it to its appropriate conclusion before seeking judicialintervention.Net Notesbank Nachura Notes – Administrative Law (Kiddy) A party aggrieved must not only initiate the prescribed administrative proceeding. .

Land cases . Irreparable injury or threat . Observance of the doctrine will result in the nullification of the claim 11. speedy and adequate remedy IV. Special reasons or circumstances demanding immediate court action12. JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS Rule Judicial review may be granted or withheld as Congress chooses . unless judicial recourse is immediately made8. Law does not make exhaustion a condition precedent to judicial recourse10. Rules does not provide a plain. Due process of law is clearly violated13. where subject matter is private land9.Administrative action is patently illegal 6. Unreasonable delay or official inaction7.

Protect substantial rights of parties affected by the decisions.Net Notesbank Nachura Notes – Administrative Law (Kiddy) Methods of Obtaining Judicial Review1.8 PinoyLaw. Keep administrative agencies within its jurisdiction. Part of system of checks and balances which restricts the separation of power andforestalls arbitrary and unjust adjudication. order or ruling of each Commission may be brought to the SC oncertiorari w/in 30 days from receipt of a copyGeneral Principles underlying power in the Courts to scrutinize the acts of administrative agencies onquestions of law and jurisdiction although no right of review is given by statute. Statutory or Non-Statutory Statutory – available pursuant to statutory provision .Bases for Judicial Review Unless otherwise provided by this Constitution or by law Any decision.Except: when Constitution requires or allows it Judicial review of administrative decisions cannot be denied the courts when thereis an allegation of grave abuse of discretion.

(attack on citizenship of an individual) Collateral – relief from administrative action sought in aproceeding the primary purpose of which is some relief other thanthe setting aside of the judgment. judgments. HC5.judicial agency in the exercise of its quasi-judicial functions. . prerogative writs of certiorari3.2.What Court has Jurisdiction CA have appellate jurisdiction over judgments or final orders of the CTA andfrom awards. although an attack on the judgment may be incidentally involved. co-equal with RTC on terms of rank and stature andbeyond the control of the latter.Non-statutory – no express statute granting review. final orders or resolutions of or authorized by any quasi. mandamus4. etc. quo warranto if statutory methods for judicial review are available. prohibition6. common law remedies2. relief isobtained by means of:1. Administrative bodies. they areordinarily exclusive and the use of non-statutory methods will notlikely be permitted. Direct or Collateral Direct – attempt to question in subsequent proceedings theadministrative action for lack of jurisdiction. grave abuse of discretion.

Reviewed by RTC Bureau of Immigration. examine the entire recordincluding the evidence. inorder to decide the legal question. Question of Law2. even if not overwhelming or preponderant. the Court will. . Court martial. fraud. Question of Fact Factual findings of administrative agencies are generallyconclusive upon the courts if supported by substantial evidence. expressly allowed by statute2.Guidelines for the exercise of the power Findings of fact are respected as long as they are supported by substantialevidence. imposition or mistake other than error of judgment3.Net Notesbank Nachura Notes – Administrative Law (Kiddy) 10 What purports to be a finding upon a question of fact is soinvolved with and dependent upon a question of law as to be insubstance and effect a decision on the latter. Mixed Question of Law and Fact (Brandeis Doctrine of Assimilation of Facts) PinoyLaw. error in appreciation of the pleadings and in theinterpretation of the documentary evidence presented bythe parties3. LLDAQuestions which may be subject of judicial review1.EXCEPT1.Doctrine of Non-Interference by TCs with co-equal administrative bodies isintended to ensure judicial stability.

Principle that factual findings of administrative bodies are binding upon the Courtmay be sustained only when no issue of credibility is raised. capricious or grave abuse of discretion amounting tolack of jurisdiction. It is not for the reviewing court to weigh the conflicting evidence. . determinecredibility of witnesses or otherwise substitute its judgment for that of theadministrative agency on the sufficiency of evidence. grave abuse of discretion2. fraud3. Administrative decision in matters with the executive jurisdiction can only be setaside on proof of 1.Judicial Review is not trial de novo It is merely an ascertainment of whether the findings of the administrative agencyare consistent with law. collusion4.Findings of administrative officials and agencies who have acquired expertise aregenerally accorded not only respect but at all times even finality. free from fraud or imposition and supported by evidence. error of law Courts will not generally interfere with purely administrative matters unless thereis clear showing of arbitrary.

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