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Cruz Chapter 1 General Considerations
Administrative Law – that branch of modern law under which the executive department of the government, acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct of the individual for the purpose of promoting the well-being of the community. Administrative law is a recent development, being a consequence of the ever increasing complexities of society and the proliferation of problems of government that cannot readily or effectively be addressed by the public agencies or solved by other disciplines of public law. It was felt that the legislative and judicial departments no longer had either the time or the needed expertise to attend to 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 power 2. 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. Social Security Act which established the Social Security Commission. 2. Decisions of courts interpreting the charters of administrative bodies
Law maintains a watchful eye on those who would violate its order. Administration Distinguished from Law Law is impersonal command provided with sanctions to be applied in case of violation. While administration on the other hand seeks to spare individuals from punishments of the law by persuading him to observe its commands. Omnibus Rules Implementing the Labor Code.g. 4. Institution – administration as the aggregate of individuals in whose hands the reins of government are for the time being. Function – administration as the actual running of the government by the executive authorities through the enforcement of laws and implementation of policies. 2 . Rules and regulations issued by the administrative bodies – e. 2. while Administration is preventive rather punitive and is accepted to be more personal than law.3. Government (as distinguished from administration) is the agency or instrumentality through which the will of the State is formulated. Determinations and orders of the administrative bodies in the settlement of controversies Administration Administration is understood in two senses: 1. expressed and realized.
as when it decides factual and sometimes even legal questions as an incident of its general power of regulation. But where the body was created only by statute. the administrative body can be altered or abolished only by Constitution. the legislature that breathed life into it can amend or even repeal its charter. It may also be loosely considered a court because it performs functions of a particular judicial character. If created by the Constitution itself.Chapter 2 Administrative Agencies Definition Administrative 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 for enforcement or execution. 3 . Creation and Abolition The administrative body may be created by the Constitution or by a Statute. Administrative agency may be regarded as an arm of the legislature insofar as it is authorize to promulgate rules. thereby resulting in its abolition which is justified if made in good faith.
supplementing the statute. Quasi-Judicial Power – the power of the administrative authorities to make determinations of facts in the performance of their official duties and to apply the law as they construe it to the facts so found. filling in the details. 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 effective enforcement of its provisions. Through the exercise of this power of subordinate legislation. (b) Interpretative – are those which purport to do no more than interpret the statute being administered. They constitute the administrator's construction of a statute. Kinds of Administrative Regulations (a) Legislative – the administrative agency is acting in a legislative capacity. and usually acting pursuant to a specific delegation of legislative power.Chapter 3 Powers of Administrative Agencies Quasi-Legislative Power – the authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out the provisions of a law and implement legislative policy. apply the law and so fulfill the mandate of the legislature. it is possible for the administrative body to transmit the “active power of the State from its source to the point of application.” that is. or “making the law”. to say what it means. 4 .
” (b) Contingent – issued upon the happening of a certain contingency which the administrative body is given the discretion to determine or to ascertain some circumstances and on the basis thereof may enforce or suspend the operation of a law. and have in their favor a presumption of legality. have the force of law. are entitled to great respect. (c) It must be promulgated in accordance with the prescribed procedure. First Requisite: Promulgation Must Be Authorized by the Legislature Authority to promulgate the regulation is usually conferred by the Charter itself of the administrative body or by the law it is supposed to enforce. (d) it must be reasonable. (b) It must be within the scope of the authority given by the legislature. the legislative regulation is issued by the administrative body pursuant to a valid delegation of legislative power and is intended to have the binding the force and effect of a law enacted by the legislature itself. 5 . Requisites of Administrative Regulation (a) Its promulgation must be authorized by the legislature. Classification of Legislative Regulation (a) Supplementary – intended to fill in the details of the law and “to make explicit what is only general. By contrast.The interpretative regulation is issued by the administrative body as an incident to its power to enforce the law and is intended merely to clarify its provisions for proper observance by the people. It is an elementary rule in administrative law that administrative regulations and policies enacted by administrative bodies to interpret which they are entrusted to enforce.
Second Requisite: Regulation Must Be Within the Scope of the Authority Given by the Legislature Assuming a valid authorization. Publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the law. it would seem. But where the regulation is in effect a settlement of a controversy between specific parties. As for publication. need not be published. the promulgation of administrative regulations of general application does not require previous notice and hearing. it is considered an administrative adjudication and so will require notice and hearing. but to conform to the standards that the law prescribes. it is still necessary that the regulation promulgated must not be ultra vires or beyond the authority conferred. the administrative body can promulgate the regulation in its exclusive discretion. 200 which provides that laws “shall take effect after fifteen (15) days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines. In the absence of such a requirement. regulating only the personnel of the administrative agency and not the public.” Interpretative regulations and those merely internal in nature. Third Requisite: Regulation Must Be Promulgated in Accordance with the Prescribed Procedure As in the enactment of laws. 6 . the applicable rule is now found in Executive Order No. the only exception being where the legislature itself requires it. unless it is otherwise provided. that is. requires publication of the administrative regulation only if it is of general application and penal in nature. The Supreme Court.When Congress authorizes promulgation of administrative rules and regulations to implement given legislation. all that is required is that the regulation be not in contravention with it.
Penal Regulations The power to define and punish crime is exclusively legislative and may not be delegated to the administrative authorities. This may be effected through judicial action or through sanctions that the statute itself may allow the administrative body to impose. their violation cannot give rise to criminal prosecution unless the legislature makes such violation punishable and imposes the corresponding sanctions. Amendment or Repeal Like the statute. Special requisites of a valid administrative regulation with a penal sanction: (a) The law itself must make violation of the administrative regulation punishable. Construction and Interpretation Regulation should be read in harmony with the statute and not in violation of the authority conferred on the administrative authorities. (c) The regulation must be published.Fourth Requisite: Regulation Must Be Reasonable Like statutes. Enforcement It is established that the power to promulgate administrative regulations carries with it the implied power to enforce them. administrative regulations promulgated thereunder must not be unreasonable or arbitrary as to violate due process. Of course. 7 . While administrative regulations may have the force and effect of law. (b) The law itself must impose and specify the penalty for the violation of the regulation. invalid. of course. it may be changed directly by the legislature. the administrative regulation promulgated thereunder is subject to amendment or repeal by the authorities that promulgated them in the first place. The administrative regulation that contravenes the statute is.
for no apparent reason.Chapter 5 The Quasi-Judicial Power Quasi-judicial power – is the power of the administrative agency to determine questions of fact to which the legislative policy is to apply. 8 . to other administrative bodies. It can be said that each administrative body has its own peculiar jurisdiction as conferred upon it by the specific provisions of its charter. Without jurisdiction. in accordance with the standards laid down by the law itself. It is the legislature that has the power to confer jurisdiction upon the administrative body and so limit or expand its authority. Jurisdiction Jurisdiction – may be simply defined as the competence of an office or body to act on a given matter or decide a certain question. the determination made by the administrative bodies are absolutely null and without any legal effect whatsoever. to wit: (1) Jurisdiction must be properly acquired by the administrative body (2) Due process must be observed in the conduct of the proceedings A. The law may allow some administrative bodies to award certain kinds of damages while denying the same power. The proper exercise of the quasi-judicial power requires compliance with two conditions.
the power to punish for contempt is essentially judicial and cannot be claimed as an inherent right by the administrative body. in case of disobedience. Rules of Procedure Where an administrative body is expressly granted the power of adjudication. “adjudicate” means to settle in the exercise of judicial authority x x. of course. Unless otherwise provided by law. invoke the aid or Regional Trial Court within whose jurisdiction the contested case falls. “Adjudge” x x implies a judicial determination of a fact. 9 . 2. the SEC and NLRC are allowed to award damages virtually to the same extent as a court of justice. The Supreme Court distinguished between the power to “investigate” and the power to “adjudicate:” “The purpose of investigation. administrative agencies are bereft of quasi-judicial power. The Court may punish customacy or refusal as contempt. But to be valid. It is a well-settled principle that unless expressly empowered. and obtain information. the agency may. Nowhere included or intimated is the notion of settling. deciding or resolving a controversy involve in the facts inquired into by application of the law x x. and always only in connection with the matter they are authorized to investigate. It is settled that administrative bodies may summon witnesses and require the production of evidence only when duly allowed by law. The Subpoena Power The power to issue subpoena and subpoena duces tecum is not inherent in administrative bodies. to find out. The Contempt Power Like the subpoena power.” 3.For example. the rules must not violate fundamental rights or encroach upon constitutional prerogatives. 1. Yet similar authority has not been conferred by its charter to NTC. and the entry of judgment. to learn. In the legal sense. it is deemed also vested with the implied power to prescribe the rules to be observed in the conduct of its proceedings. is to discover.
the person summoned may not be directly discipline by that body. B. it must be expressly conferred upon the body and. pleading and other matters. for the requirements of fair play are not applicable to judicial proceedings only. This rule is applied to questions of evidence. it is essential that due process must be observed. must be used only in connection with its quasi-judicial as distinguished from its purely administrative or routinary functions. Nevertheless. It is a general rule that they are unrestricted by the technical or formal rules of procedure which govern trials before a court. they may claim the right to appear therein and present their side or refute the position of opposing parties. additionally. a subpoena of the administrative body is disregarded. there is no requirement for strict adherence to technical rules as are observed in truly judicial proceedings. there are instances when notice and hearing can validly be omitted. 10 . Persons are entitled to be notified of any pending case affecting their interests so that. 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. say. As a rule. Notice and Hearing The right to notice and hearing is essential to due process and its nonobservance will as a rule invalidate the administrative proceedings. Administrative Due Process While administrative determinations of contested case are by their nature judicial. The proper remedy id for the administrative body to seek assistance of the courts of justice for the enforcement of its order. where. Nevertheless.To be validly exercised. but on the preservative principle. if they are minded. The power to hold in contempt must be exercised not on the vindictive. 1.
In M. or at least contained in the record and disclosed to the parties. the tribunal must consider the evidence presented. the court should render its decision in such a manner that the parties to the proceeding can know the various issues involved. whose decision may further be brought to the regular courts of justice. and the reasons for the decisions rendered. in accordance with the procedure specified by law 11 . 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. f. the decision must be rendered on the evidence presented at the hearing. and not simply accept the views of a subordinate in arriving at a decision. the court must act on its or their own independent consideration of the law and facts of controversy. On the other hand. NLRC. to ensure a fair decision. g. Violago Oiler Tank Trucks vs. The law does not require another notice and hearing for a review of the decision of the board.Cardinal rights or principles to be observed in administrative proceedings: a.F. Administrative Appeals and review Unless otherwise provided by law or executive order. It is basic to due process that the tribunal considering the administrative question be impartial. b. the tribunal must have something to support its decision. evidence must be substantial evidence – relevant evidence that a reasonable mind may accept as adequate to support a conclusion e. an appeal from a final decision of the administrative agency may be taken to the department head. the first of these rights is the right to a hearing. 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. C. c. d.
e. and imposition of fines. not applicable to all administrative proceedings. such as writs of preliminary attachment or injunction. intended to ensure the enforcement of their adjudications. issuance of cease and desist orders. Res Judicata The general rule is that an administrative decision is not considered res judicata so as to preclude its subsequent reconsideration or revocation. Enforcement of Decision In the absence of any statute providing for the enforcement of an administrative determination. the doctrine of res judicata is applicable. Where the administrative decision has been affirmed by a court decision. such as the SEC and the NLRC. summary closure of stores. It is established that administrative agencies who have not been conferred the power to enforce their quasi-judicial decisions may invoke court action for the purpose. however. many administrative bodies. This principle is. destruction of unlawful articles. Decisions of the previous incumbents of the administrative body may be modified or reversed by their successors in the exercise of their own powers of adjudication. Usually.D. the same cannot be enforced except possibly by appeal to the force of public opinion. E. rendered pursuant to their quasi-judicial authority. The effect of res judicata attaches to the judgment of the reviewing court rather than to the administrative judgment. It is now well-settled in our jurisprudence that the decisions and orders of administrative agencies. This rule has however been modified in this jurisdiction. the administrative body is allowed certain sanctions that it may impose directly for the enforcement of its own decisions. i. detention and deportation of aliens. however. refusal to grant clearances. the force and binding effect of a final judgment within the purview of the doctrine of res judicata. Significantly. have been vested with authority to grant provisional reliefs. revocation of or refusal to renew licenses. such proceedings that are non-litigious and summary in nature without regard to legal technicalities obtaining in courts of la 12 . have upon their finality.
i.e.. and the Civil Service Commission. the Court of Appeals may “review final decisions. jurisprudence is replete with cases where the Supreme Court has applied the exceptions rather than the rule.” On the basis of Sec. the Commission on Elections. orders. or any provincial or city board of assessment appeals. the Commission on Audit. and decisions issued under the Labor Code of the Philippines and by the Central Board of Assessment Appeals. awards or resolutions or regional trial courts and of all quasi-judicial bodies. 1125.Chapter 6 Judicial Review General Rules An administrative decision may be appealed to the courts of justice only if the Constitution or the law permits it or if the question to be reviewed is a question of law. However. except the Commission on Elections. These methods may be specific or general. 129.” Other appeals are prescribed by special laws. such as RA No. 16 of the Interim Rules and Guideline implementing Sec. In the case of the constitutional commission. the Sandiganbayan. 13 . providing for appeal to the Court of Tax Appeals of any decision rendered by the Commissioner of Internal Revenue. statutes or the Rules of the Court. the Commissioner of Customs. it is provided that “any decision order or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within 30 days from receipt of a copy thereof. Methods of review The methods of judicial review are prescribed by the Constitution. 9 (3) of BP Blg. the Commission on Audit.
or with a grave abuse of discretion. The doctrine of primary jurisdiction simply calls for the determination of administrative questions. 5434 that an appeal from a final award. 14 . copies being served on all interested parties. order or decisions of the Patent Office shall be taken by filing with said body and with the Court of Appeals a notice of appeal within 15 days from notice of such award. and (2) the doctrine of exhaustion of administrative remedies. before said actions may be entertained. and with the reviewing court a petition for review of the order. If the case is such that its determination requires the expertise. which ordinarily questions of fact. specialized skills and knowledge of the proper administrative bodies because technical matters or intricate questions of facts are involved. together with copies of such material portions of the records as are referred to therein and other supporting papers. by administrative agencies rather courts of justice. The Supreme Court instructed certain universally accepted axioms governing judicial review through the extraordinary actions of certiorari or prohibition of determinations of administrative officers or agencies: First. and shall be accompanied with a true copy of the order appealed from. The petition shall contain a concise statement of the issues involved and the grounds relied upon for the review. order or ruling. and. Copies of the petition shall be served upon the agency and all parties of record.It is provided in RA No. it must be shown that all the administrative remedies prescribed by law or ordinance have been exhausted. The Administrative Code generally provides that an appeal from an agency decision shall be perfected by filing with the agency within 15 days from receipt of a copy thereof a notice of appeal. Doctrine of Primary Jurisdiction or Prior Resort There are two doctrines that must be considered in connection with the judicial review of administrative decisions:(1) doctrine of primary jurisdiction or prior resort. that the administrative decision may properly be annulled or set aside only upon a clear showing that the administrative official or tribunal has acted without or in excess of jurisdiction. Second.
speedy and adequate remedy. an administrative decision must first be appealed to the administrative superior up to the highest level before it may be elevated to a court of justice for review. (4) When there is urgent need for judicial intervention. B. (2) When the administrative body is estoppel. (5) When the claim involved is small. Exceptions (1) When the question raised is purely legal (question of law is involved).then relief must first be obtained in an administrative proceeding before a remedy will be supplied by the courts even though the matter is within the proper jurisdiction of the court Doctrine of Exhaustion of Administrative Remedies Under the doctrine of exhaustion of administrative remedies. can correct the errors committed by their subordinates. (4) Judicial review of administrative cases is usually effected through the special civil actions of certiorari. (3) When the act complained of is patently illegal. it is best that the courts should not be saddled with the review of administrative cases. (7) When there is no other plain. Reasons (1) The administrative superiors. (3) On practical grounds. mandamus and prohibition. if given the opportunity. 15 . speedy and adequate remedy. (6) When irreparable damage will be suffered. A. (2) Courts should as much as possible refrain from disturbing the findings of administrative bodies in deference to the doctrine of separation of powers. which are available only if there is no other plain.
however. Court of Appeals.(8) When strong public interest is involved. Fuertes. In the early case of Demaisip vs. the court reinstated the Demaisip doctrine. the court may proceed to hear the case. D. the acts of the secretary were the acts of the President. If this ground to dismiss the court action is not properly or reasonably invoked. Tan vs. (9) When the subject of the controversy is private land. Effect of Non-compliance The failure to exhaust administrative remedies does not affect the jurisdiction of the court and merely results in the lack of a cause of action which may be invoked in a motion to dismiss. Peralta. In Bartulata vs. As previously noted. if it sees fit. again on the basis of alter ego justification. Director of Forestry. Questions Reviewable 16 . dispense with it and proceed with the disposition of the case. Appeal to the President Of special interest is the question of whether or not a decision of the cabinet member has to be appealed first to the President before it may be brought to a court of justice. under the doctrine of qualified political agency. thereafter revived Calo andagain required appeal to the President as a prerequisite to an appeal of a Cabinet member's decision to the courts of Justice. (10)In quo warranto proceedings C. Jurisprudence on this matter is rather indecisive. 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. the Court held that appeal to the President was not necessary because the Cabinet member was after all his alter ego and. the court has the discretion to require the observance of the doctrine of exhaustion of administrative remedies and may. This view was abandoned in Calo vs.
courts of justice generally defer to such decisions and will decline to disturb them except only where there is a clear showing of arbitrariness or grave abuse of discretion. which may or may not permit it as it sees fit. A. the administrative decision may be appealed to the courts of justice independently of legislative permission or even against legislative prohibition. But when it comes to the question of law. However as a rule. it is only the judicial tribunal that can interpret and decide the question of law with finality. The reason is that the judiciary cannot be deprived of its inherent power to review all decisions on questions of law. 17 . Questions of fact Even if allowed to review administrative decisions on questions of fact. On the question of fact. whether made initially by lower courts and more so by an administrative body.” B. Questions of Law Administrative bodies may be allowed to resolve questions of law in the exercise of their quasi-judicial function as an incident of their primary power of regulation. review of the administrative decision lies in the discretion of the legislature. to wit: the question of fact and the question of law. 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. The Supreme Court ruled in Osias Academy vs.Two kinds of questions are reviewable by the courts of justice.
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