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Administrative Law

Administrative Law

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Jose Rizal Memorial State University – College of Law

Administrative Law Reviewer

Republic v. Court of Appeals 200 SCRA 226 INTRODUCTION I. Concept/definition of administrative law Facts: Sugar Regulatory Administration and Republic Planters Bank questioned the decision of the CA which dismissed the petition of the former on the ground of lack of capacity to sue. Issue: WON administrative agency has only such powers as expressly granted to it by law and those that are necessarily implied in the exercise thereof? RULING: The SC ruled in the negative. Administrative agency has only such powers as are expressly granted to it by law and those that are necessarily implied in the exercise thereof? In this case, administrative agency is judicially defined as “government body charged with the administering and implementing particular legislation” examples are workers compensation commissions and the like. The term “agency” includes any department, independent establishment, commission, administration, authority or bureau.

The branch of public law that fixes the organization of the government and determines competence of authorities who execute the law and indicates to individual remedies for the violations of his rights. II. Scope of administrative law

Administrative law embraces all the law that controls, or is intended to control, the administrative operations of the government. III. Classification of administrative law A. That body of statutes setting up or creating administrative agencies and endowing them with power and duties; B. That body of agency-made law, i.e., rules, regulations and orders promulgated in the exercise of quasi-legislative and quasi-judicial functions; C. That body of legal principles governing the acts of public agents which conflict with private rights; D. That body of determinations, decisions and orders of administrative bodies made in the settlement of controversies arising in their particular fields. Origin and development of administrative law Advantages of the administrative process NATURE OF ADMINISTRATIVE AGENCIES I. Concept A. Definition of administrative agency - An administrative agency is defined as "[a] government body charged with administering and implementing particular legislation. Examples are workers' compensation commissions, x x x and the like. x x x The term 'agency' includes any department, independent establishment, commission, administration, authority, board or bureau x x x ."

B.

Test for determining administrative nature

1. Mandatory – statutory requirement intended for the protection of the citizens and by a disregard of which their rights are injuriously affected; 2. Directory – if no substantial right depend on it and no injury can result from ignoring it and purpose of legislature can be accomplished in a manner other than that prescribed and substantially, the same results attained. C. Administrative function, defined - Administrative functions are those which involve the regulation and control over the conduct and affairs of individuals for their own welfare and the promulgation of rules and regulations to better carry out the Policy of the legislature or such as are devolved upon the administrative agency by the organic law of its existence

IV. V.

In Re: Rodolfo Manzano 166 SCRA 246 Facts: It’s a petition file by judge manzano allowing him to accept the appointment by executive order by the governor of ilocos sur Rodolfo farinas as the member of

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Jose Rizal Memorial State University – College of Law
Administrative Law Reviewer
ilocos norte provincial committee on justice created pursuant to presidential order. That his membership in committee will not in any way amount to an abandonment to his present position as executive judge of branch xix, RTC, first judicial region and as a member of judiciary. Issue: What is an administrative agency? Fernandez vs Sto. Tomas 248 SCRA 194 Ruling: Administrative functions are those which involve the regulation and control over the conduct and affairs of individuals for their own welfare and the promulgation of rules and regulations to better carry out the Policy of the legislature or such as are devolved upon the administrative agency by the organic law of its existence The petition is denied. The Constitution prohibits the designation of members of the judiciary to any agency performing quasi-judicial or administrative functions. (Section 12, Article VIII, Constitution.) Insofar as the term "quasi-judicial" is concerned, it has a fairly clear meaning and Judges can confidently refrain from participating in the work of any administrative agency which adjudicates disputes and controversies involving the rights of parties within its jurisdiction. The issue involved in this case is where to draw the line insofar as administrative functions are concerned. "Administrative functions" as used in Section 12 refers to the executive machinery of government and the performance by that machinery of governmental acts. It refers to the management actions, determinations, and orders of executive officials as they administer the laws and try to make government effective. There is an element of positive action, of supervision or control. In the dissenting opinion of Justice Gutierrez: Administrative functions are those which involve the regulation and control over the conduct and affairs of individuals for their own welfare and the promulgation of rules and regulations to better carry out the policy of the legislature or such as are devolved upon the administrative agency by the organic law of its existence "we can readily see that membership in the Provincial or City Committee on Justice would not involve any regulation or control over the conduct and affairs of individuals. Neither will the Committee on Justice promulgate rules and regulations nor exercise any quasi-legislative functions. Its work is purely advisory. A member of the judiciary joining any study group which concentrates on the administration of justice as long as the group merely deliberates on problems involving the speedy disposition of cases particularly those involving the poor and needy litigants-or Facts: In this Petition for Certiorari, Prohibition and Mandamus with Prayer for a Temporary Restraining Order, petitioners Salvador C. Fernandez and Anicia M. de Lima assail the validity of Resolution No. 94-3710 of the Civil Service Commission and the authority of the Commission to issue the same. Petitioner Fernandez was serving as Director of the Office of Personnel Inspection and Audit while petitioner de Lima was serving as Director of the Office of the Personnel Relations, both at the Central Office of the Civil Service Commission in Quezon City, Metropolitan Manila. While petitioners were so serving, Resolution No. 94-3710 signed by public respondents Patricia A. Sto. Tomas and Ramon Ereneta, Jr., Chairman and Commissioner, respectively, of the Commission, was issued . Issues : (1)Whether or not the Civil Service Commission had legal authority to issue Resolution No. 94-3710 to the extent it merged the OCSS [Office of Career Systems and Standards], the OPIA [Office of Personnel Inspection and Audit] and the OPR [Office of Personnel Relations], to form the RDO [Research and Development Office]; and (2)Whether or not Resolution No. 94-37 10 violated petitioners' constitutional right to security of tenure. Ruling: Public office is frequently used to refer to the right, authority and duty, created and conferred by law, by which, for a given period either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some portion of the sovereign functions of government, to be exercised by that individual for the benefit of the public (radlapsbip) Examination of the foregoing statutory provisions reveals that the OCSS, OPERA and ORR, and as well each of the other Offices, consist of aggregations of Divisions, each of which Divisions is in turn a grouping of Sections. Each Section, Division and Office comprises groups of positions within the agency called the Civil Service Commission, each group being entrusted with a more or less definable function or detainees, pools the expertise and experiences of the members, and limits itself to recommendations which may be adopted or rejected by those who have the power to legislate or administer the particular function involved in their implementation. D. Public office, defined in relation to administrative law

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Jose Rizal Memorial State University – College of Law
Administrative Law Reviewer
functions these functions are related to one another, each of them being embraced by a common or general subject matter. These offices relate to the internal structure of the Commission. The objectives sought by the Commission in enacting Resolution No. 94-3710 were described in that Resolution in broad terms as "effect[ing] changes in the organization to streamline [the Commission's] operations and improve delivery of service." These changes in internal organization were rendered necessary by, on the one hand, the decentralization and devolution of the Commission's functions effected by the creation of fourteen (14) Regional Offices and ninety-five (95) Field Offices of the Commission throughout the country, to the end that the Commission and its staff may be brought closer physically to the government employees that they are mandated to serve. N.B. We (SC) note, firstly, that appointments to the staff of the Commission are not appointments to a specified public office but rather appointments to particular positions or ranks. Thus a person may be appointed to the position of Director III or Director IV; or to the position of Attorney IV or Attorney V; or to the position of Records Officer I or Records Officer II; and so forth. In the instant case, petitioners were each appointed to the position of Director IV, without specification of any particular office or station. The same is true with respect to the other persons holding the same position or rank of Director IV of the Commission. E. Reasons for creation of administrative agencies Lianga Bay Logging, Inc. vs Judge Enage 16 July 1987 Ruling: As recently stressed by the Court, "in this era of clogged court dockets, the need for specialized administrative boards or commissions with the special knowledge, experience and capability to hear and determine promptly disputes on technical matters or essentially factual matters, subject to judicial review in case of grave abuse of discretion, has become well nigh indispensable. Reyes vs Caneba Ruling: "(T)he thrust of the related doctrines of primary administrative jurisdiction and exhaustion of administrative remedies is that courts must allow administrative agencies to carry out their functions and discharge their responsibilities within the specialized areas of their respective competence. Acts of an administrative agency must not casually be overturned by a court, and a court should as a rule not substitute its judgment for that of the administrative agency acting within the perimeters of its own competence." Blue Bar Coconut Phil. Vs Tantuico 29 July 1988 Ruling: The petitioners also question the respondents' authority to audit them. They contend that they are outside the ambit of respondents' "audit" power which is confined to government-owned or controlled corporations. This argument has no merit. Section 2 (1) of Article IX-D of the Constitution provides that "The Commission on Audit shall have the power, authority and duty to examine, audit, and settle all accounts pertaining to the revenues and receipts of, and expenditures or uses of funds and property, owned or held in trust by or pertaining to, the Government, or any of its subdivisions, agencies or instrumentalities, including government-owned or controlled corporation with original charters, and on a postaudit basis. x x x (d) such nongovernmental entities receiving subsidy or equity directly or indirectly from or through the Government which are required by law or the granting institution to submit to such audit as a condition of subsidy or equity." (Italics supplied) The Constitution formally embodies the long established rule that private entities who handle government funds or subsidies in trust may be examined or audited in their handling of said funds by government auditors.

E.

Types of administrative agencies

Solid Homes vs Payawal 29 August 1989 Ruling: As a result of the growing complexity of the modern society, it has become necessary to create more and more administrative bodies to help in the regulation of its ramified activities. Specialized in the particular fields assigned to them, they can deal with the problems thereof with more expertise and dispatch than can be expected from the legislature or the courts of justice.

1. Those created to function in situations wherein the government is offering some gratuity, grant, or special privilege; (SSS, GSIS,PAO) 2. Those set up to function in situations wherein the government is seeking to carry on certain functions of government; (BIR, LRA, BoC, BI) 3. Those set up to function in situations wherein the government is performing some business service for the public; (Bureau of Posts, PNR, MWS) 4. Those set up to function in situations wherein the government is seeking to regulate business affected with public interest; (LTFRB, ERB, HLURB)

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Jose Rizal Memorial State University – College of Law
Administrative Law Reviewer
5. Those set up to function in situations wherein the government is seeking under the police power to regulate private business and individuals; (MTRCB, GAB, DDB) 6. Those agencies to set up to function in situations wherein the government is seeking to adjust individual controversies because of some strong social policy involved. (NLRC, ECC, DAR, COA) regulatory agencies, chartered institutions and governmentowned or controlled corporations.

4.

Definition of Administration US vs Dorr 2 Phil 332

F.

Relation between administrative agencies and courts

Facts: Dorr is the owner of newspaper “manila freedom” charge with the crime of libel together with Eduard O’Brian. The defendants were tried and found guilty of the offense charged in the complaint, and each was sentenced to six months’ imprisonment at hard labor and a fine of $1,000, United States currency. From this judgment the defendants have appealed to this court. During the course of the proceedings a motion was made by the defendants asking that they be granted a trial by jury, as provided for in Article 111, section 2, of the Constitution of the United States, and under the sixth amendment to the Constitution, which motion was denied by the court, and an exception was also taken to this ruling. Issue : The issue is to determine whether these provisions of the Constitution of the United States relating to trials by jury are in force in the Philippine Islands. Ruling: Administration is the aggregate of those persons in whose hands the reins of government are for the time being. 1. That while the Philippine Islands constitute territory which has been acquired by and belongs to the United States, there is a difference between such territory and the territories which are a part-of the United States with reference to the Constitution of the United States. 2. That the Constitution was not extended here by the terms of the treaty of Paris, under which the Philippine Islands were acquired from Spain. By the treaty the status of the ceded territory was to be determined by Congress. 3. That the mere act of cession of the Philippines to the United States did not extend the Constitution here, except such parts as fall within the general principles of fundamental limitations in favor of personal rights formulated in the Constitution and its amendments, and which exist rather by inference and the

Administrative agencies have certain quasi-judicial powers which allows them to interpret and apply rules and regulations. Findings of these administrative agencies are rendered conclusive on the courts. G. Administrative framework of the Philippines (Executive Order No. 292) Iron and Steel Authority vs CA 249 SCRA 538 1. Definition of Government of the Republic of the Phils. refers to the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government. 2. Definition of Agency of the government - refers to any of the various units of the Government, including a department, bureau, office, instrumentality, or government-owned or controlled corporations, or a local government or a distinct unit therein. 3. Definition of Instrumentality - refers to any agency of the National Government, not integrated within the department framework vested within special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. This term includes

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Abolition of administrative agencies Busacay v. Creation. That Congress has passed no law extending here the provision of the Constitution relating to jury trials. the legislative department has the discretion to determine whether additional offices shall be created. reorganization. and. she was given a CES eligibility. Buenaventura 93 Phil 787 Facts: Plaintiff Marcelino A. 934359. 4. Busacay was a duly-appointed and qualified pre-war toll collector. that the provisions contained in the Constitution relating to jury trials do not fall within either of these exceptions. Article 111. All offices created by statute are more or less temporary. On August 2. and it may prescribe the mode of filling the office and the powers and duties of the incumbent. When in the exigencies of government it is necessary to create and define duties. An office created by the legislature is wholly within the power of that body. but was laid off due to the destruction of the bridge caused by flood. and for other purposes. and the legislature may decide for itself what offices are suitable. and. transitory or precarious in that they are subject to the power of the legislature to abolish them.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer general spirit of the Constitution. II. Creation of administrative agencies Eugenio vs CSC 243 SCRA 196 Facts: Petitioner is the Deputy Director of the Philippine Nuclear Research Institute. Rank IV. and has the power to pass the libel law under which the defendants where convicted. She applied for a Career Executive Service (CES) Eligibility and a CESO rank. respondent Civil Service Commission2 passed Resolution No. entitled “An Act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands. 1993. On the other hand. On September 15. and except those express provisions of the Constitution which prohibit Congress from passing laws in their contravention under any circumstances. abolish the office. that the Court of First Instance committed no error in overruling their application for a trial by jury The act of Congress of July 1. and in the sixth amendment. "Except for such offices as are created by the Constitution.” in section 5 extends to the Philippine Islands nearly all of the provisions of the Constitution known as the Bill of Rights. for trials by jury. Ruling: No. But there was excepted from it the provisions of the Constitution relating to jury trials contained in section 2. and consequently there is no law in the Philippine Islands entitling the defendants in this case to such trial. consequently. 1902. All was not to turn well for petitioner. In so far as the legislative power in this respect is not restricted by constitutional provisions. But this is not saying that the rights of the incumbents of such positions may be impaired while the offices exist. the solicitor general interposed a defense of legitimate exercise of the power vested in the Batasang Pambansa. it is supreme. having the power to pass laws. except for cause." B. necessary. 1993. The court reach the conclusion that the Philippine Commission is a body expressly recognized and sanctioned by act of Congress. the right to trial by jury has not been extended here by the mere act of the cession of the territory. 1993. and abolition of administrative agencies A. nor were any laws in existence in the Philippine Islands. but he was refused reinstatement. or whether these duties shall be attached to and become ex-officio duties of existing offices. she was recommended to the President for a CESO rank by the Career Executive Service Board. When the bridge was reconstructed and reopened to traffic. if it sees fit. Issue: Whether or not the total destruction of the bridge abolished the position of toll collector. On October 1. Alba 112 SCRA 294 Facts: The petitioners questioned the constitutionality of the Judiciary Reorganization Act of 1980 by imputing the lack of good faith in its enactment and characterizing as an undue delegation of legislative power to the president his authority to fix compensation and allowance of the justices and judges thereafter appointed and the determination of the date when the reorganization shall be deemed completed. Issue: WON the CSC had the power to abolish the career executive service board. at the date of their cession. De la Llana v. 5|Page . or convenient. classified as permanent by the Civil Service Commission. Busacay notified the respondent Provincial Treasurer of his intention and readiness to resume his duties. The resolution became an impediment to the appointment of petitioner as Civil Service Officer. the creation of public offices is primarily a legislative function. Held: The SC ruled in the negative.

“Stand transferred” simply means that lands transferred to the PCC were to be understood as transferred to the PCC were to be understood as transferred to the PUP as the new name of the institution. for not being a member of the Philippine Bar. Petitioner Garcia moved for reconsideration but her motion remained unacted.D. was the subject of an appeal to the Inter-Agency Review Committee which in turn referred the appeal to the Merit Systems Protection Board (MSPB). 1341 converting the Phil College of Commerce into a Polytechnic University. the former PCC into what is now the PUP. Neither the addition of a new course offerings nor changes in its existing structure and organization bring about the abolition of an educational institution and the creation of a new one only an express declaration to that effect by the lawmaking authority will. the lawmaking authority says so. what took place was a change in academic status of the educational institution not in its corporate life. defined National Land Titles and Deeds Registration Administration vs CSC 221 SCRA 145 Crisostomo v. Only an express declaration to that effect by the lawmaking authority will. 1984. 649 (Reorganizing the Land Registration Commission (LRC) into the National Land Titles and Deeds Registration Administration or NALTDRA) should be required of and/or applied only to new applicants and not to those who were already in the service of the LRC as deputy register of deeds at the time of the issuance and implementation of the abovesaid Executive Order. under temporary status. Said position was later reclassified to Deputy Register of Deeds III pursuant to PD 1529. When the purpose is to abolish a department or an office or an organization and to replace it with another one. In a Memorandum dated October 30. subject to certain limitations in the cage of the Supreme Court. 1981) which authorized the restructuring of the Land Registration Commission to National Land Titles and Deeds Registration Administration and regionalizing the Offices of the Registers therein. Marcos issued P. On October 23. C. No. petitioner Garcia. She was for two years. Said Memorandum of Termination which took effect on February 9. Nor will changes in its existing structure and organization bring about its abolition and the creation of a new one. Reorganization. Issue: Whether or not P.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Issue: WON the enactment into law of BP 129 was done in good faith. her temporary appointment as such was renewed in 1985. 1986. to which position. 1984. Facts: he records show that in 1977. Bulacan. Court of Appeals 258 SCRA 134 Facts: President Ferdinand E. New course offerings can be added to the curriculum of a school without affecting its legal existence. 6|Page . which is the qualification requirement prescribed for appointment to the position of Deputy Register of Deeds under Section 4 of Executive Order No. a Bachelor of Laws graduate and a First grade civil service eligible was appointed Deputy Register of Deeds VII under permanent status. She appealed to the Secretary of Justice but her request was denied. petitioner was also appointed under permanent status up to September 1984. 1987. But these are hardly indicia of an intent to abolish an existing institution and to create a new one.D. Held: No. This conclusion flows from the fundamental proposition that the legislature may abolish courts inferior to the Supreme Court and therefore may reorganize them territorially or otherwise thereby necessitating new appointments and commissions. Ruling: Yes. more or less. the then Minister. Section 2. 1341 did not abolish but only changed. Article VIII of the Constitution vests in the National Assembly the power to define. it was done in good faith and is valid. now Secretary. 649 (which took effect on February 9. organizational structure and functions. Reorganization of administrative agencies 1. of Justice notified petitioner Garcia of the termination of her services as Deputy Register of Deeds II on the ground that she was "receiving bribe money". prescribe and apportion the jurisdiction of the various courts. While said case was pending decision. and expanding its curricular offerings. designated as Acting Branch Register of Deeds of Meycauayan. By virtue of Executive Order No. petitioner Garcia was issued an appointment as Deputy Register of Deeds II on October 1. defining its objectives. Issue: Whether or not membership in the Bar. petitioner Garcia was administratively charged with Conduct Prejudicial to the Best Interest of the Service.

the power of control over all executive departments. Secs. To this end. pursuant to the express power of the Court under the Constitution in Article VIII. military. However. in the exercise of the powers granted by the Constitution." Corollary. it maintains intact what is traditionally considered as within the scope of "executive power. 1]. nor shall any person be denied the equal protection of the laws. Inclusio unius est exclusio alterius. the power to grant reprieves. defined Marcos vs Manglapus 177 SCRA 668 The issue is basically one of power: whether or not. they assert: "The President has enumerated powers. the powers of the President cannot be said to be limited only to the III. in the fulfillment thereof. Section 1. No person shall be deprived of life. Sec. Thus. Rather. The inevitable question then arises: by enumerating certain powers of the President did the framers of the Constitution intend that the President shall exercise those specific powers and no other? Are these enumerated powers the breadth and scope of "executive power"? Petitioners advance the view that the President's powers are limited to those specifically enumerated in the 1987 Constitution. and what is not enumerated is impliedly denied to her. commutations and pardons. or property without due process of law. to bar the Marcoses from returning to the Philippines. or civil service. A reorganization is carried out in good faith if it is for the purpose of economy or to make bureaucracy more efficient. the powers under the commander-in-chief clause. VII. and the power to address Congress [Art. The same is true if one office is abolished and its duties. the President may prohibit the Marcoses from returning to the Philippines. the Constitution provides that "[t]he executive power shall be vested in the President of the Philippines. i. Section 1. for reasons of economy are given to an existing officer or office. Executive power. Power of control. even though it embraces all or some of the duties of the old office it will be considered as an abolition of one office and the creation of a new or different one. The prime duty of the Government is to serve and protect the people. different or additional functions. liberty. to wit: 7|Page . The additional qualification was not intended to remove her from office. the power to contract or guarantee foreign loans. Executive power As stated above. all citizens may be required. the power to enter into treaties or international agreements.. The Government may call upon the people to defend the State and. bureaus and offices. Whether or not the President has the power under the Constitution. VII. it was a criterion imposed concomitant with a valid reorganization measure." (Art. to wit: Section 4. under conditions provided by law. they cite Article II of the Constitution.e. the appointing power. the power to execute the laws. Private respondent Garcia who formerly held the position of Deputy Register of Deeds II did not have such qualification. we shall determine. 649 was enacted to improve the services and better systematize the operation of the Land Registration Commission. we hold the view that although the 1987 Constitution imposes limitations on the exercise of specific powers of the President. 14-23]. In support thereof. The case for petitioners is founded on the assertion that the Tight of the marcose’s to return to the Philippines is guaranteed under the following provisions of the Bill of Rights. to render personal. It is thus clear that she cannot hold any key position in the NILTDRA.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Ruling: If the newly created office has substantially new. duties or powers. it does not define what is meant by "executive power" although in the same article it touches on the exercise of certain powers by the President. Respondents argue for the primacy of the right of the State to national security over individual rights. the power to grant-amnesty with the concurrence of Congress. the power to submit the budget to Congress. the requirement of Bar membership to qualify for key positions in the NALTDRA was imposed to meet the changing circumstances and new development of the times. whether or not the President acted arbitrarily or with grave abuse of discretion amounting to lack or excess of jurisdiction when she determined that the return of the Marcoses to the Philippines poses a serious threat to national interest and welfare and decided to bar their return." On these premises. Executive Order No. supervision and investigation by the President A. so that it may be said in fact to create an office different from the one abolished. Then. The parties are in agreement that the underlying issue is one of the scopes of presidential power and its limits.

the power to enter into treaties or international agreements. the power to grantamnesty with the concurrence of Congress. the President has to consider these principles. Ruling The Presidential Power of control was held to mean the power of the President to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former with that of the latter. and by his authority. having sworn to defend and uphold the Constitution. In other words.A. the power to contract or guarantee foreign loans. the power to execute the laws. Faced with the problem of whether or not the time is right to allow the Marcoses to return to the Philippines. 8|Page . the power to grant reprieves. Section 17 Article VII. It is founded on the duty of the President. However. the Constitution provides that "[t]he executive power shall be vested in the President of the Philippines. commutations and pardons. thus. and the promotion of the general welfare are essentially ideals to guide governmental action." [Art. and the power to address Congress [Art. constrained to consider these basic principles in arriving at a decision. 6975 otherwise known as the PNP Organic law placing the Philippine National Police under the reorganized Department of Interior and Local Government in pursuant to the provision of the constitution that the state shall establish and maintain one police force which is national in scope and civilian in character. and adhere to them. VII. 1]. 4 and 5. alter or set aside the decisions of a subordinate. the protection of life.. Carpio vs Executive Secretary 206 SCRA 290 Facts: The petitioner questioned the constitutionality of R. liberty and property. defined – power of the president to nullify. 14-23]. and property. It has been advanced that whatever power inherent in the government that is neither legislative nor judicial has to be executive. Secs. the appointing power. VII. Secs. under the Constitution. control the bureaus and other offices under their respective jurisdictions in the executive department. 1987 Constitution Section 17. in turn. H. But such does not mean that they are empty words." (Art. The President shall have control of all the executive departments. the protection of life. and offices. in drawing a plan of government. This Presidential power of control over the executive branch of government extends over all executive officers from Cabinet Secretary to the lowliest clerk and has been held by us. modify. and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. the President’s power of control is directly exercised by him over the members of the Cabinet who. in making any decision as President of the Republic. the problem is one of balancing the general welfare and the common good against the exercise of rights of certain individuals. service and protection of the people. the power of control over all executive departments. control remained with the Department Secretary under whom both the PNP and NAPOLCOM were placed. executive power is more than the sum of specific powers so enumerated. It must be borne in mind that the To the President. among other things.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer specific powers enumerated in the Constitution. the President is. the maintenance of peace and order. He shall ensure that the laws be faithfully executed. promote their welfare and advance the national interest. the power to submit the budget to Congress. More than that. in the exercise of presidential functions. bureaus.e. The Power Involved The Constitution declares among the guiding principles that "[t]he prime duty of the Government is to serve and protect the people" and that "[t]he maintenance of peace and order. Power of control. The petitioner alleged that the said law limits only the power of the National Police Commission into an administrative control over the PNP. liberty.] Admittedly. Issue Whether or not the control over the PNP is vested soley to the Department Secretary of the DILG. as steward of the people. (more than the sum of the powers enumerated) B. The power involved is the President's residual power to protect the general welfare of the people. Thus. i. Thus. Ruling: As stated above. bureaus and offices. it does not define what is meant by "executive power" although in the same article it touches on the exercise of certain powers by the President. the powers under the commander-in-chief clause. and in directing implementing action for these plans. and in short. the President has the obligation under the Constitution to protect the people. or from another point of view. Sec.

it must set forth the policy to be executed. bureaus. fix a standard. Emmanuel Pelaez. the fundamental law permits him to wield no more authority than that of checking whether said local governments or the officers thereof perform their duties as provided by statutory enactments.O nos.A no 2370 and constitutes undue delegation of legislative power Issue: Whether or not the E.the limits of which are sufficiently determinate of determinable The power of control under this provision implies the right of the President to interfere in the exercise of such discretion as may be vested by law in the officers of the executive departments. Issue: WON the executive orders in question are null and void. The petitioner alleges that executive orders are null and void. so long as the same or its officers act within the scope of their authority. set aside or annul an ordinance passed by said council within the scope of its jurisdiction. Noblejas vs Salas 67 SCRA 47 Facts: It appears that on several occasions prior to 1968. upon the ground Sec. 68 has been impliedly repealed by R. to forestall a violation of the separation of powers. Held: Yes. or offices of the national government. be complete in itself. Hence. it turned out that the increases in said various amendments were far in excess of the respective corresponding real areas of the lands involve. The President’s power of control means that if a cabinet secretary or a head of a bureau or agency can issue rules and regulations. so much so that even vast portions of lands and waters of the public domain not capable of appropriation by any private person or entity have been included within the expanded titles. 93 to 121. exonerated the defendant from any criminal complicity in resurveys with expanded areas. Although congress may delegate to another branch of the government the power to fill in the details in the execution. a group of other trawl operators questioned the said executive orders alleging the same as null and void. He may not even suspend an elective official of a regular municipality or take any disciplinary action against him. This power is denied by the Constitution to the Executive. by increasing the respective areas covered by said titles. can take over from him such authority and issue the executive order to exercise it. Held: Since the secretary of agriculture was empowered to regulate or ban trawl fishing. Allegedly. no matter how patently unwise it may be. it is essential. defined – alter ego doctrine. however. even if it had thereby violated a duty imposed thereto by law. as Vice President of the Phil and as a taxpayer instituted a writ of prohibition with prelim injunction against the Auditor general from passing in audit any public funds. as well as to act in lieu of such officers.O nos issued constitutes undue delegation of legislative power.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Araneta vs Gatmaitan 101 Phil 238 Pelaez vs Auditor General 15 SCRA 569 Facts: The President of the Philippines issued Executive Orders restricting the banning of trawl fishing from San Miguel Bay.. However. Neither may he veto. the President cannot interfere with local governments. as authorized by law. b. the President. and subsequently approved by the court. Doctrine of qualified political agency. carried out or implemented by the delegate. in instances where the subdivision plans were complex. issued E. C. the said law: a. Aquino. 9|Page . with the approval of the Secretary of Justice. He may not enact an ordinance which the municipal council has failed or refused to pass. the President has the power not only to modify or amend the same but can also supplant the rules by another set entirely different from those issued by his subordinate. headed then by petitioner Noblejas.124 and 126 to 129 creating municipalities. Facts: The President of the Phil. pursuant to section 68 of the Revised Administrative code. except on appeal from a decision of the corresponding provincial board. insofar as local governments are concerned. However. enforcement or administration of a law. The corresponding certifications of the verifications of these resurveys were issued by the Land Registration Office. the authority to create municipal corporations is essentially legislative in nature. in the exercise of his power of control. although he may see to it that the corresponding provincial officials take appropriate disciplinary action therefor. various land titles (Torrens titles) covering lands situated within the Province of Rizal were amended on the basis of supposed corrective resurveys. Noblejas contention: That the State is stopped to prosecute the accused because it used him as a prosecution witness in cases similar to this case and because Fiscal Benjamin H. With respect to the latter. the action of the office being sufficient where the subdivision plans were simple.

or activity is entrusted to a chief of bureau. Issue : Whether or not the department head as agent has the direct control and supervision over all bureaus and offices under his jurisdiction Ruling : The department head as agent of the President has direct control and supervision over all bureaus and offices under his jurisdiction as provided for in section 79(c) of the Revised Administrative Code. as well as to act in lieu of such officers. of the Constitution. or to review. The provisions of the existing law to the contrary notwithstanding. his authority to order the investigation of any act or conduct of any person in the service of any bureau or office under his department is confined to bureaus or offices under his jurisdiction and does not extend to local governments over which the President exercises only general supervision as may be provided by law (section 10. appropriate action and report. the Secretary of Justice as 'Department Secretary shall assume the burden and responsibility of all activities of the Government under his control and supervision. means the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to 10 | P a g e . whenever a specific power. VII. the constitutional power of the President of control of all executive departments. Accordingly. the provincial. Control. On 27 February 1954 Consolacion Vda. Section 83 of the Revised Administrative Code places him under the 'general supervision and control' of the Department of Justice together with other prosecuting officers and under Section 74 of the same Code. Acts of the (alter ego) secretary is presumed to be that of the president. function. the setting aside. the suspension or removal of career executive officials or employees without due process of law. If the provisions of section 79(c) of the Revised Administrative Code are to be construed as conferring upon the corresponding department head direct control. 3. 2. Ruling: The power of control . . division or service. the law confers upon the Secretary only 'general supervision and control' may not be construed as limiting or in any way diminishing the pervasiveness of the Secretary's power of control which is constitutionally based. The petitioner prays for a writ of prohibition with preliminary injunction to enjoin the respondents from further proceeding with the hearing of the administrative case against him and for a declaration that the order of suspension issued by the respondent provincial governor is illegal and without legal effect. 10. or supplanting of decisions of quasijudicial agencies. On 10 April the petitioner appeared before the provincial governor in obedience to his summons and was served with a copy of the complaint filed by the provincial governor with the provincial board. On the same day. office. 8 suspending the petitioner from office. . section 10. D. Power of supervision Mondano vs Silvosa 97 Phil 143 Limitations on the power of control Facts : The petitioner is the duly elected and qualified mayor of the municipality of Mainit. division or service. Thereafter. E. On 6 March the Assistant Executive Secretary indorsed the complaint to the respondent provincial governor for immediate investigation. office. modification. Art. such interpretation would be contrary to the provisions of paragraph 1. modify or revoke any decision or action of said chief of bureau. Issue: Can the agent act for and in behalf of the principal. If the latter fail or neglect to fulfill them the former may take such action or step as prescribed by law to make them perform these duties. In administrative law supervision means overseeing or the power or authority of an officer to see that subordinate officers perform their duties. province of Surigao. and (2) concubinage for cohabiting with her daughter in a place other than the conjugal dwelling. Article VII of the Constitution). but he does not have the same control of local governments as that exercised by him over bureaus and. . since he acts also as alter ego of the President. de Mosende filed a sworn complaint with the Presidential Complaints and Action Committee accusing him of (1) rape committed on her daughter Caridad Mosende. and supervision over all local governments and that for that reason he may order the investigation of an official of a local government for malfeasance in office. bureaus or offices (sec. authority. direction. offices under his jurisdiction. the abolition or creation of an executive office. duty. Does not include: 1. the same shall be understood as also conferred upon the proper Department Head who shall have authority to act directly in pursuance thereof. paragraph 1. the Provincial Board proceeded to hear the charges preferred against the petitioner over his objection. Likewise. governor issued Administrative Order No. including the office of the President. Consequently.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer As a matter of fact. article VII. on the other hand. on contested cases to have become final pursuant to law or to rules and regulations promulgated to implement the law. Constitution of the Philippines) should be considered as embracing his office. implies the right of the President (and naturally of his alter ego) to interfere in the exercise of such discretion as may be vested by law in the officers of the national government.

may not generally be interpreted to mean that hem or his alter ego the Secretary of Finance. Respondent Secretary issued a resolution nullifying the election of the officers of the FABC in Catanduanes held on June 18.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer substitute the judgment of the former for that of the latter. Petitioner filed a motion for reconsideration of the resolution but it was denied by respondent Secretary. local governments should be given a large degree of freedom in determining for themselves the propriety and wisdom of the expenses that they make provided that the expenses contemplated are within their financial capacity. Issue: Whether or not the said resolution requires the approval of the Secretary of Finance. the Secretary of Local Government. Power of review of other executive officers.Ruperto Taule Vice-President.** protesting the election of the officers of the FABC and seeking its mullification in view of several flagrant irregularities in the manner it was conducted. Ruling: The court granted the petition. The supervisory authority of the President over local governments is limited by the phrase “as provided by law” and where there is no law in accordance with which said authority is to be exercised. Taule vs Santos 200 SCRA 512 Rodriguez vs Montinola 94 Phil 973 Facts: An original action of certiorari instituted in the Supreme Court by the Provincial Governor and the members of the Provincial Board of Pangasinan to nullify the disapproval of the Secretary of Finance of their Resolution abolishing the positions of three special counsel in the province. 1989 and ordering a new one to be conducted as early as possible to be presided by the Regional Director of Region V of the Department of Local Government. the same may not be disapproved by the Secretary of Finance acting as a representative of he President by virtue of the latter’s power of general supervision over local governments. Gamefowl Commission vs IAC 146 SCRA 294 Ruling: The power of review is exercised to determine whether it is necessary to correct the acts of the subordinate. may direct the form and manner in which local officials shall perform or comply with their duties. the Provincial Treasurer and the Provincial Election Supervisor walked out. nor an act of abuse. Governor of Catanduanes sent a letter to respondent Luis T. Presidential power over local governments is limited by the Constitution to the exercise of general supervision "to ensure that local affairs are administered according to law.Fidel Jacob Auditor. whether or not he committed grave abuse of discretion amounting to lack of jurisdiction in nullifying the election? Ruling: The Secretary of Local Government is not vested with jurisdiction to entertain any protest involving the election of officers of the FABC." The general supervision is exercised by the President through the Secretary of Local Government. There is no question that he is vested with the power to promulgate rules and regulations as set forth in Section 222 of the Local Government Code. Assuming that the respondent Secretary has jurisdiction over the election protest. not of provincial governments. nor an act of maladministration. the court ruled that the act of the provincial board in suppressing the positions of three special counsel not being contrary to law.Allan Aquino SecretaryVicente Avila Treasurer. The power to oversee that the officials concerned performs their duty and if they later fail or neglect to fulfill them. If such correction is necessary. Further. to prohibit the provincial treasurer and the district from paying the salaries if three special counsel and to prevent the latter from continuing to occupy and exercise the functions incident to their positions.Leo Sales Respondent Leandro L Verceles. it must be exercised in accord with general principles of law. defined Phil. which are distinct and separate. F. The President elect . in the absence of any express provision of law. The power of general supervision granted to the President over local governments. Facts: The Federation of Associations of Barangay Councils (FABC) of Catanduanes decided to hold the election of katipunan despite the absence of five (5) of its members. Santos. to take such action or steps as prescribed by law to make them perform their duties. Issue: Whether or not the respondent Secretary has jurisdiction to entertain an election protest involving the election of the officers of the Federation of Association of Barangay Councils. it must be done 11 | P a g e . The Secretary of Finance is an official of the central government. While the Secretary of Finance has the power to revise their budget.

i. 3. The Secretary of Public works and highways with the recommendation of the Director of Public Works and the Chairman of the National Traffic Commission promulgated a rule closing a certain road in Manila for animal drawn vehicle for a specific time. Doctrine of non-delegation of powers . and the judicial power to the Judiciary. So that the power of the government would not be concentrated in one department (one person or group of persons) that would lead to abuse. 3. The heart of the doctrine is that the basic powers of the government must be kept separate from each other. If the law is silent as to the control which the President may exercise. B. there it must remain. 2. amend and repeal laws. Judicial power is the power of the courts of justice to settle actual controversies involving legal rights which are demandable and enforceable and to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction. though not mentioned anywhere by such name in the 1987 Constitution. The petitioner. General rule US vs Barrias 11 Phil 327 The Doctrine of Separation of Powers. can be inferred from its provisions. Doctrine of separation of powers A. in his contention. Practical necessity of exercising powers incidental to those that are express or are appropriate to it. No function is capable of exact definition.. they can work with other departments and conduct checks and balances regarding the actions of each.e. Blending of powers – though each department has their own duties and functions. B. Distribution of powers of government: 1. Exception to the general rule Calalang vs Williams 70 Phil 726 Facts: Calalang. Legislative power is the power to propose. in his capacity as taxpayer questioned the constitutionality of Commonwealth Act 548. to see to it that the laws are faithfully executed. unless the subordinate motu proprio corrects himself after his error is called to his attention by the official exercising the power of supervision and review over him. A. and by the constitutional agency alone the laws must be made until the constitution itself is changed. each power being under the principal control of a branch of government.  Basis for blending of powers: 1. the President can only supervise. The legislative power is granted to the Congress. the executive power to the President. that the power conferred upon the legislature to make laws cannot be delegated by that department to any other body or authority. Description is only a generalization concerning its principal but not all of its characteristics. Executive power is the power to execute and implement the laws. empowers the Secretary of Public Works with the recommendation of the Director of Public works to legislate rules and laws relative POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES I.what has been delegated cannot be delegated. Purpose of doctrine Ruling: One of the settled maxims in constitutional law is. enact. C. If the agency is created by Congress. The Constitution allocated to the several departments specific powers which in their nature did not ordinarily pertain to them. they nevertheless exercise the same in concert that 12 | P a g e . even if such incidental powers should fall within the category of functions pertaining to another department. 2. consider the law that created it. Where the sovereign power of the State has located the authority. II. The President as Chief Executive exercises control over agencies and offices which perform rule-making or adjudicatory functions.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer by the authority exercising control over the subordinate or through the instrumentality of the courts of justice.

Hence. or other public service. the responsible regulatory body is entrusted with the power of subordinate legislation. It must depend on the discretion of some other government official to whom is confided the duty of determining whether the proper occasion exists for executing the law. 14. prescribe. What has been delegated cannot be delegated. Such delegation of legislative power to an administrative agency is permitted in order to adapt to the increasing complexity of modern life. But it cannot be said that the exercise of such discretion is the making of the law. relative to the operation of public land transportation services provided by motorized vehicles. the rule also provided that judgment on the merits shall be personally and directly prepared by the Director and signed by him. Issue: WON the Memoranda issued is constitutional? Ruling: Petition granted and held the memoranda No. 1987. if at all. the PSC and LTFRB alike. nowhere under the aforesaid provisions of law are the regulatory bodies. Petitioners contend that the amendment made by the Director on the Rule vesting hearing officers authority to hear their cases was illegal and void because under the law. is not the determination of what the law shall be. The respondent public official asserted that such promulgation of rules is in connection with the powers vested to them by the said law. a transport operator. 1975 13 | P a g e . Issue: WON the said constitute an invalid delegation of legislative power. Jr. approve and periodically review and adjust reasonable fares. and avoid obstructions on. Given the complexity of the nature of the function of rate fixing and its far-reaching effects on millions of commuters. Given the task of determining sensitive and delicate matters as route-fixing and rate-making for the transport sector. To promulgate rules and regulations on the use of national roads and to determine when and how long a national road should be closed to traffic. rates and other related charges. therefore. in view of the condition of the road or the traffic thereon and the requirements of public convenience and interest. exceptions KMU vs Garcia. public services. the LTFRB may implement broad policies laid down in a statute by neither “filling in" the details which the Legislature may neither have time nor competence to provide. Respondent LTFRB. Ruling: The Supreme Court ruled that the said act is not an invalid delegation of power. Section 5(c) of the said executive order authorizes LTFRB "to determine. is an administrative function which cannot be directly discharged by the National Assembly. Moreover. Petitioners herein. With this authority. an administrative body and in this case. 92-009 issued by the DOTC and LTFRB which. specialization even in legislation has become necessary. but merely the ascertainment of the facts and circumstances upon which the application of said law is to be predicated. Legislature delegated to the defunct Public Service Commission the power of fixing the rates of Facts: This is an original action in the Supreme Court for Mandamus with preliminary injunction. government must not relinquish this important function in favor of those who would benefit and profit from the industry.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer to the regulation of traffic in the country. it is the Director who should personally hear the cases of petitioners. who have pending interference and cancellation proceedings. the existing regulatory body today. 239 SCRA 386 Facts: Petitioner KMU question the constitutionality of the memoranda no. to wit. 202 dated June 19. is likewise vested with the same under Executive Order No." The delegated power. roads and streets designated as national roads by acts of the National Assembly or by executive orders of the President of the Philippines" and to close them temporarily to any or all classes of traffic "whenever the condition of the road or the traffic thereon makes such action necessary or advisable in the public convenience and interest. 92-009 invalid. the petitioner contended that such act is invalid delegation of legislative power. "to promote safe transit upon. questions the validity of Rule 168 of the Revised Rules of Practice before the Philippine Patent Office in Trademark Cases as amended which authorized the Director of Patents to designate any ranking official of said office to hear “inter partes” proceedings. to authorize provincial bus and jeepney operators to increase or decrease the prescribed transportation fares without application there for with the LTFRB and without hearing and approval thereof by said agency and other matters. Potestas delegata non delegari potest. The authority given by the LTFRB to the provincial bus operators to set a fare range over and above the authorized existing fare is illegal and invalid as it is tantamount to art undue delegation of legislative authority. However. so does the difficulty of administering the laws. authorized to delegate that power to a common carrier. The authority therein conferred upon them and under which they promulgated the rules and regulations now complained of is not to determine what public policy demands but merely to carry out the legislative policy laid down by the National Assembly in said Act. Prohibition against re-delegation." American Tobacco vs Director of Patents 67 SCRA 287 GRN L-26803 Oct. among others. C. Further. As subjects for governmental regulation multiply.

Judgment and discretion will still be exercised by him since that the parties will still be able to adduce evidence. Ruling : Section 1 of Republic Act 2056 is explicit in that "Any provision or provisions of law to the contrary notwithstanding. 647). There is no provision under the general law and RA 165 and 166 which prohibits such authority insofar as the designation of hearing examiners is concerned. Issues : Whether or not the secretary had the power to order an investigation and order the removal of the encroachment made on the river. Republic Act 2056) takes precedence. The nature of the power and authority entrusted to the Director suggests that the aforementioned laws should be construed so as to give aforesaid official the administrative flexibility necessary for the prompt and expeditious discharge of his duties in the administration of said laws. 1958. stream. in general A. the construction or building of dams. and that which is incidentally necessary to a full implementation of the legislative intent should be upheld as being germane to the law. the Secretary's more specific authority to remove dikes constructed in fishponds whenever they obstruct or impede the free passage of any navigable river or stream or would cause inundation of agricultural areas (Section 2. Moreno. The secretary appealed the lower court’s decision. Commonwealth (69 Phil. B. Ruling : There was nothing in said law to suggest the expiration of such powers granted to the BOT. limited and defined. dikes x x x which encroaches into any public navigable river. The secretary of public works designated the City Engineer to conduct hearings on the same and eventually ordered the same be removed. 2. 449) and Meneses v. 14 | P a g e . The record shows that the petitioners' fishpond permit was issued in 1948 while the Act took effect on June 3. Ruling : It has been held that the power conferred upon an administrative agency to which the administration of a statute is entrusted to issue such regulations and orders as may be deemed necessary or proper in order to carry out its purpose and provisions may be an adequate source of authority to delegate a particular function. Constitution – is the body of rules and principles by which the fundamental powers of the government are established. unless by express provisions of the Act or by implication it has been withheld. Issue: Whether or not the Director has the power to delegate his functions. III. coastal waters and any other navigable public waters or waterways x x x shall be ordered removed as public nuisance or as prohibited construction as herein provided x x x. by replacing or allowing them to become legitimate and responsible operators. Due process of law nor the requirements of fair hearing require the actual taking of testimony before the same officer who will make the decision. Therefore. the authority given should be liberally construed in the light of the purposes for which it was created. six (6) months after its promulgation. Powers of administrative agencies.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Issues : Whether or not the BOT had the power to legalize illegal taxicab operators under PD 101 even after the lapse of six (6) months. Matienzon vs Abellera 162 SCRA 1 Facts : Petitioners and private respondents are taxicab operators. The petitioner countered that they were given permission by the Bureau of Fisheries. It is a settled principle of law that in determining whether a board or commission has a certain power. Statutes – rules and regulations promulgated by the legislature. Commonwealth (69 Phil. Sources of powers of an administrative agency 1. Petitioners contend that the BOT does not have jurisdiction over the case since the law provided a period of six (6) months which limited the time period to legitimize such clandestine operations by certain taxicab operators. Private respondents filed their petitions with the respondent board for the legalization of their unauthorized taxicab units citing PD 101 in order “to eradicate the harmful and unlawful trade of clandestine operators. The same rule was applied in Lovina v. Limitations to the powers of an administrative agency Heirs of Santiago Pastral vs Secretary of Public Works 162 SCRA 619 Facts : Private respondent herein led a group of residents in filing a case against herein petitioner with the Department of Public Works and Communications for the reason that latter were encroaching a part of the river with their fishpond. Moreover. the power of the Secretary of Public Works to investigate and clear public streams from unauthorized encroachments and obstructions was granted as early as Act 3708 of the old Philippine Legislature and has been upheld by this Court in the cases of Palanca v. Petitioners went to the Court of First Instance to assail the decision of the secretary and obtain an injunction which were ruled in their favor.

LLDA v. Court of Appeals 231 SCRA 292 Ruling : LLDA has a special charter that gives it the responsibility to protect the inhabitants of the laguna lake region from the deleterious effect of pollutants emanating from the discharge of wastes from the surrounding area. the Commissioner's "final authority to pass upon the removal. as in the case provided for in Section 14 of Republic Act 296. Nonetheless. or modify orders requiring the discontinuance of pollution is also impliedly bestowed upon LLDA by EO 927. and determination of rights. suspend and separate policemen and employees of the City of Manila in competitive service. Issues : Whether or not RA 2260 impliedly repealed RA 557 and Sec. privileges. separation or suspension which the Commissioner is thereunder empowered to pass upon. separation and suspension" of classified service employees presupposes. Respondent contends that there was a memorandum prohibiting the hiring of private lawyers without following the necessary procedures required by the COA. v. there is a written conformity and acquiescence from the Solicitor General or the Government Corporate Counsel. alter. The COA held several persons liable for payment of the amount due to said lawyer which included herein petitioner. Issue : Was the issuance of the COA circular valid and applicable in this case? Ruling : What can be gleaned from a reading of the circular is that government agencies and instrumentalities are restricted in their hiring of private lawyers to render legal services or handle their cases. the saving clause "Except as otherwise provided by law. rather than negates. is subject to an express limitation contained in Section 16(i). et al. who was compensated by virtue of a contract entered by the NPC and the former. likewise an administrative agency has also such power as are necessarily implied in the exercise of its express powers. Moreover. (fact finding investigate) Depends on the enabling statute D. Secretary of Public Works and Communications (19 SCRA 637). applies to a specific situation. Petitioner contends the nature of services that was contracted with the lawyer. Express and implied powers Villegas vs Subido 30 SCRA 498 Facts : The commissioner on Civil Service issued a memorandum which provided for the procedure of removal and suspension of policemen. No public funds will be disbursed for the payment to private lawyers unless prior to the hiring of said lawyer. Necessarily implied in the exercise of its express powers It is a fundamental power rule that an administrative agency has only such power as are expressly granted to it by law. Polloso vs Gangan 335 SCRA 750 Facts : Petitioner was the project manager of NPC who filed a letter of explanation and appeal from the notice of disallowance issued by the COA. namely. suspension or separation effected by said City Council or City Mayor. particularly Section 16 (i) thereof. that charges against policemen shall be referred by the mayor and investigated by the city or municipal council. Section 16 (i) of Republic Act 2260 leaves no doubt that the removal. The case stemmed from the hiring of a private lawyer. the power to make.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer (supra) Santos etc. Atty. Satorre. C. general applicability. Quasi Judicial – refers to orders.etc. is not inconsistent with the power of the City Council under Republic Act 557 to decide cases against policemen and the power of the City Mayor of Manila under Section 22 of Republic Act 409 to remove city employees in the classified service." Accordingly. can be passed upon or reviewed by the Commissioner of Civil Service. it does not obtain at all in those instances where the power of removal is by law conferred on another body alone. Quasi legislative – consists of issuance of rules and regulations. the power vested in another official to originally or initially decide the removal. It has the power and authority to issue a cease and desist order under RA 4850 and its amendatory laws. and prospective in application.. furthermore. It bears repeating that the purpose of the circular is to curtail the unauthorized and unnecessary disbursement of public funds to private lawyers 15 | P a g e .   Nature of the powers of administrative agencies Such power. rewards or decision. Ruling : Republic Act 2260. with no appeal therefrom. 22 of RA 409 so as to vest in the Commissioner of Civil Service exclusive and original jurisdiction to remove. among others. Petitioner herein contends that the Civil Service Act impliedly repealed RA 557 which provides.

268 ("AO 268"). Ruling : The Ombudsman is vested with authority to preventively suspend officers as contained in sec. Ruling : In accordance with rules. As a consequence thereof. Blaquera vs Alcala 295 SCRA 411 Facts : Petitioners are officials and employees of several government departments and agencies who were paid incentive benefits for the year 1992." In compliance therewith. economy. Conformably.000. 24 of the Ombudsman Act. enjoining the grant of productivity incentive benefits without prior approval of the President. Issues : Whether or not the issued Administrative Orders are valid. inventions.00 3 and reiterating the prohibition 4 under Section 7 5 of Administrative Order No. The private respondent filed a case before the RTC Davao to enjoin DECS from implementing the said closure pending the approval of the request to operate of the said school. their official employment. To prevent the respondents from making further deductions from their salaries or allowances. then President Fidel V.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer for services rendered to the government. and the Omnibus Rules Implementing Book V 2 of EO 292." (Chapter 5. unnecessary. ministerial duty Carino vs Capulong 222 SCRA 593 Facts: The petitioner filed the present case to annul the order issued by the respondent Judge and prevent the same in conducting further hearing thereof. it is "the President or the head of each department or agency who is authorized to incur the necessary expenses involved in the honorary recognition of subordinate officers and employees of the government. pursuant to Executive Order No. Subtitle A. the petitioners have come before the Supreme Court to seek relief. and standards promulgated by the Commission. extravagant or unconscionable expenditures or uses of government funds and properties. regulations. 292 1 ("EO 292")." It is not the duty of the Commission to fix the amount of the incentives. or other improvement of government operations. RCPI vs NTC 215 SCRA 455 GRN 93237 Buenaseda vs Flavier 226 SCRA 645 Facts : The petition seeks to nullify the Order of the Ombudsman directing the preventive suspension of petitioners for violations of graft and corruption. or in relation to. the heads of the departments or agencies of the government concerned. who are the herein respondents. otherwise known as the Administrative Code of 1987. On January 19. Issues : Whether or not the ombudsman has power to suspend government officials and employees pending investigation of administrative complaints. excessive. The private respondent then filed a petition before the RTC of Makati with the same cause of action now using the organization of the 16 | P a g e . Such function belongs to the President or his duly empowered alter ego. Section 4 of AO 29 directed "[a]ll departments. The said case was dismissed. 1993. Discretionary powers vs. The said request was denied by the DECS for not complying the requirements prescribed by the Department. undaunted the private respondent appeal before the CA which later affirmed the decision of the lower court. E. the DECS issued an order for the closure of the said school with the aid of the military as per agreement of the two governmental agencies. or who perform such other extraordinary acts or services in the public interest in connection with. Book V). the President or the head of each department or agency is authorized to incur whatever necessary expenses involved in the honorary recognition of subordinate officers and employees of the government who by their suggestions. This is in line with the Commission on Audit’s constitutional mandate to promulgate accounting and auditing rules and regulations including those for the prevention and disallowance of irregular. 29 ("AO 29") authorizing the grant of productivity incentive benefits for the year 1992 in the maximum amount of P1. and other personal efforts contribute to the efficiency. Ramos ("President Ramos") issued Administrative Order No. AMA Computer College situated in Davao city operated as an Educational Institution without the required authorization that must be secured first before the DECS. superior accomplishment. caused the deduction from petitioners' salaries or allowances of the amounts needed to cover the alleged overpayments. offices and agencies which authorized payment of CY 1992 Productivity Incentive Bonus in excess of the amount authorized under Section 1 hereof [are hereby directed] to immediately cause the return/refund of the excess within a period of six months to commence fifteen (15) days after the issuance of this Order.

without regard to or the exercise of his own judgment (remedy mandamus) 2. Issued execution of judgment for private respondent. The DECS on the other hand contended that it exercises a discretionary power in pursuant to the provisions of law with respect to educational institutions. is one which an officer or tribunal performs in a given state of facts. Accordingly. the presumption being that he was chosen because he was deemed fit and competent to exercise that judgment and discretion. A purely ministerial act or duty to a discretional act. upon the propriety of the act done. Appointment involves the exercise of discretion. Petitioner contends that he was validly appointed to the position since that the act of then Minister Gonzales was also the act of the president which presumes that the act of the department heads were the act of the president. in obedience to the mandate of legal authority. Mateo vs CA 196 SCRA 280 Facts : Petitioners filed an action for the recovery of a parcel of land. Petitioner filed relief from judgment. In 1986. 1.If the law imposes a duty upon a public officer. Hence. RTC ruled in favor the petitioner. Issue : Whether or not petitioner was validly appointed to his position. and unless the power to substitute 17 | P a g e . which because of its nature cannot be delegated. The appointment (or designation) of the petitioner was not a merely mechanical or ministerial act that could be validly performed by a subordinate even if he happened as in this case to be a member of the Cabinet. not by any other officer. Legally speaking. Delegation of ministerial and discretionary power Binamira vs Garrucho 188 SCRA 154 Facts : Petitioner herein filed a quo warranto seeking reinstatement to the Office of General Manager in the Department of Tourism. The said court presided by the respondent Judge issued the preliminary injunction sought by the private respondent. But deciding on judging on the appeal is discretionary. defined . and gives him the right to decide how or when the duty shall be performed. Issues : Whether or not the public petitioner exercised ministerial or discretionary function. this petition. In 1990. The Court further distinguished ministerial and discretionary powers. Importance of knowing distinction – to determine the remedies available… 4. petitioner was designated by then Minister Gonzales as General Manager of the PTA. The president issued a memorandum to Garrucho designating him as General Manager for the reason that petitioner was not appointed by the President as required by PD 564 but only by the Secretary of Tourism which was invalid. Petitioner filed mandamus. An officer to whom a discretion is entrusted cannot delegate it to another. The private respondent contended that the same should be permitted to operate because DECS is only performing a ministerial power over the circumstance. Judge denied petition for relief from judgment.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer parents of their students. in obedience to the mandate of legal authority. Issues : Whether or not granting of the petition for relief from judgment is ministerial? Ruling : Ministerial duty in granting appeal. the granting of license to operate is vested upon the judgment of the DECS in securing the quality education that an educational institution should provide pursuant to the constitutional provision on education and the organic law authorizing said department to issue rules and regulations pertinent thereto. and gives him the right to decide how or when the duty shall be performed (remedy certiorari) 3. defined . manner. in a prescribed Ruling : PD 564 clearly provides that the appointment of the General Manager of the Philippine Tourism Authority shall be made by the President of the Philippines. such duty is ministerial only when the discharge of the same requires neither the exercise of official discretion nor judgment. Discretionary power.is one which an officer or tribunal performs in a given state of facts. Ruling : The SC ruled that the public petitioner exercised discretionary power with respect to the issuance of permit to operate as an educational institution. If the law imposes a duty upon a public officer. Ministerial duty. in a prescribed manner. it was not possible for Minister Gonzales to assume the exercise of that discretion as an alter ego of the President. The Minister sought the approval of the president which was favored by the latter. respondent was the new Secretary of Tourism and asked for the resignation of the petitioner. without regard to or the exercise of his own judgment.

or negatively that something be not done. he cannot delegate his duties to another. 2. vs Savellano 117 SCRA 804 Facts: This case sought to set aside and annul the writ of mandamus issued by Judge Savellano. plus interests and surcharges due thereon and to pay private respondents 25% of the total amount collectible as informers’ reward. 1. The members were originally 11 but 18 | P a g e . Ruling : Thus. stranger or informer would be allowed to usurp and control the official functions of the Commissioner of Internal Revenue would create disorder and confusion. whereby any Ruling : The principle of non-suability does not apply because the petitioner is questioning the personal judgment or discretion of the officials not their office by virtue of their official capacity. Mandatory/prohibitory statute. Issue: WON the writ of mandamus is correct. Error in the exercise of powers 1. if not chaos and total disruption of the operations of the government. Mandatory/prohibitory and permissive/directory duties and powers Article 5 Civil Code Art. Issue : Whether or not the non-suability clause applies. Facts : Petitioner was applying for a position for guidance counselor in a school (navy based) which was denied even though she was qualified. or performed in a particular way. A contrary view. Agpalo: A directory statute is a statue which is permissive or discretionary in nature and merely outlines the act to be done in such a way that no injury can result from ignoring it or that its purpose can be accomplished in a manner other that prescribed and substantially the same result obtained. after the Commissioner who is specifically charged by law with the task of enforcing and implementing the tax laws and the collection of taxes has after a mature and thorough study rendered his decision or ruling that no tax is due or collectible. Permissive/directory statute. Filed a case against the military officials concerned because of discrimination. 2. Presumption of regularity Blue Bar Coconut vs Tantuico 163 SCRA 716 Facts: The President issued PD 232 creating the Philippine Coconut Authority and established a coconut stabilization fund. 5. except when the law itself authorizes their validity. defined and effect Meralco Securities Corp. therefore estoppels does not apply. defined and effect Shauf vs CA 191 SCRA 713 Sarina vs CFI of Bukidnon 24 SCRA 715 Ruling: A mandatory statute is a statute which commands either positively that something be done. such decision or ruling is a valid exercise of discretion in the performance of official duty and cannot be controlled much less reversed by mandamus. F. The military invoked the non-suability of the state. ordering petitioner Meralco Securities Corporation to pay and petitioner Commissioner of Internal Revenue to collect from the former the amount of 51M by way of alleged deficiency corporate income tax. Doctrine of non-suability of the state inapplicable – the state cannot be sued without its consent.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer another in his place has been given to him. Acts executed against the provisions of mandatory or prohibitory laws shall be void. now Minister of Finance (whose act is that of the President unless reprobated). 3. and his decision is sustained by the Secretary. G. leaving the person concerned no choice on the matter except to obey. Estoppel inapplicable Commissioner of Internal Revenue vs CTA 234 SCRA 348 Ruling : Illegal or invalid acts which are in excess of the jurisdiction of administrative agency cannot bind the government.

manifestly and patently insubstantial. relevant to said fields. require the disclosure of information by means of accounts. records. 'aside from a good knowledge and grasp of the overall conditions. unless there is absolutely no evidence in support thereof or such evidence is clearly. Can an administrative agency perform investigation with or without quasilegislative or quasi-judicial power? Yes. Does the power of quasi-legislative carries with it the power to investigate? Quasi-legislative may or may not possess the power to investigate depending on the law granting such power. the faculty of receiving evidence and making factual conclusion in controversy may be accompanied by the authority of applying the law to those factual conclusions. The chairman directed to collect short levies and overpriced subsidies to apply the same to settlement of short levies should they fail to pay. Court declared that CHR has no jurisdiction on adjudicatory power over certain specific type of cases like alleged human rights violation involving civil or political rights. in connection with the enforcement of laws affecting particular fields of activity. initiate action. The most that may be conceded to the CHR in the way of adjudication power is that it may investigate. and control the range of investigation. COA agreed to release the subsidy provided they post a bond equal to the amount of the disputed claim. Receive evidence and make findings of facts as regard claimed human rights violation involving civil and political rights. Investigatory Powers A. the faculty of receiving evidence and making factual conclusion in controversy may be accompanied by the authority of applying the law to those factual conclusions to the end that the controversy may be decided or determined authoritively. They are conferred on practically all administrative agencies. 2. the investigatory powers of administrative agencies. the DECS secretary dismissed from the service one of the private respondents and the other nine were suspended. Ruling : The legal presumption is that official duty has been duly performed. For the reason that some agencies are formed for the sole purpose of investigation only (fact finding.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer reduced to 7. The power to investigate does not carry with it the power to adjudicate. testimony of witnesses. and it is 'particularly strong as regards administrative agencies x x vested with powers said to be quasi-judicial in nature. containing in the nation. production of documents. or their power and facilities to investigate. Thereafter. respondent chairman of the coconut authority initiated a special coconut end-user companies which included the petitioner.. Issue: WON respondent COA chairman may disregard the PCA rules and decision had became moot. Petitioner contended that it is unacceptable that the COA Chairman and Auditor had no jurisdiction. reports. is one of the distinctive functions which sets them apart from the court. 19 | P a g e . etc. the proper regulation and/or promotion of which requires a technical or special training. In fact. To be considered such. Acts done by an official are presumed to be valid.. Carino vs CHR 204 SCRA 483 Facts: Manila public school teachers association (MPSTA) and alliance of concerned teachers (ACT) undertook what they described as “mass concerted actions” to dramatize and highlight their plight resulting from the alleged failure of the public authorities to act upon grievances that had time and again been bought to the latter’s attention. They caused the withholding of the subsidy case endorsed to the court. The consequent policy and practice underlying our Administrative Law is that courts of justice should respect the findings of fact of said administrative agencies. or otherwise.eg. As a result of the said action. subject to such appeals or modes or review as may be provided by law. The function of receiving evidence and ascertaining facts of controversy is not judicial function. To be considered such. finally and definitely. Scope and extent of powers De Leon : Investigatory or inquisitorial powers include the power to inspect. Won the CHR can try and decide cases as court of justice even quasi-judicial bodies do? Ruling : The function of receiving evidence and ascertaining facts of controversy is not a judicial function. statements. Issue: WON the CHR has jurisdiction over certain specific type of cases.) IV. secure.

which appears illegal. XI of Deloso vs Domingo 191 SCRA 545 Facts : An alleged ambushed led to the prosecution of Governor Delloso who was charged before the Special Prosecutor with multiple murder.A 6670 MWSS was diverted to set aside the recommendation of MWSS to award contract. Thus. 6770. through its President filed with the office of the Ombudsman a lettercomplaint protesting the public bidding conducted by the MWSS to favor suppliers of fiberglass pipes and urging the Ombudsman to conduct an investigation there on. or omission that may not be the subject of investigation clearly among the cases exempts the same by his office. Thereafter 3 lowest bidders for the project were known PBAC-CSTE recommended F. Private Respondent Phil. The project was financed by funds loaned by the Overseas Economic Coop Fund of Japan to the National Government. the Ombudsman has exceeded his power by reviewing the award and granting it to another bidder. Governor Delloso questioned the said referral to the Ombudsman alleging that the same has no jurisdiction over the case for being irrelevant of the crime he committed to his official function as governor. the office of the Ombudsman has the power. functions and duties of the office under Sec.. Ombudsman. in this case the Special Prosecutor. notice and hearing may be dispensed with. to take appropriate action against a public official and to recommend his prosecution. Cruz and Co. Petitioner filed a special civil. which involves the exercise of discretion. function and duty to act promptly on complaints filed in any form or manner against public officials and to investigate any act or omission of any public officials when such act or omission appears to be illegal. Further. 15 of R. Ombudsman is also empowered to direct the officer concerned. improper or inefficient. unjust. is broad. Issue : Whether or not the Ombudsman has jurisdiction over the case. but other members both disagreed and opted for a rebidding bating the contract to be awarded to Joint Venture. which depends upon the stage of the proceedings. Ruling : The Court ruled in positive manner.13. But MWSS Board Committee on construction Management and Board Committee on Engineering that contract be awarded to F. (substantial right – can be given notice and hearing) 20 | P a g e . While the broad authority of the Ombudsman to investigate any act or omission which xxx appears illegal. the Constitution and the Ombudsman Act did not intend to confer upon the Ombudsman veto or revisory power over an exercise of judgment or discretion is lawfully vested. other than those specifically excepted under the Constitution and Republic Acts No. Concerned Officials of MWSS vs Vasquez 240 SCRA 502 Facts: MWSS launched the Angat Water Supply Optimization Project in order to provide about 1. it is difficult to equally concede however. While the authority of the ombudsman to investigate any act or omission of any public officer or employee. PLDPPMA. or inefficient. which enumerated the administrative act. Inc. technical qualification and experience to undertake the project. that the constitution and the Ombudsman Act have intended to confer upon it veto or provisory power over an exercise of judgment or discretion is lawfully vested. improper or inefficient may be yielded.” The major factors considered in the evaluation were the applicants’ financial condition. B.3 million liters of water daily to about 3. in its fact-finding investigation pursuant to power.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer the Constitution. Requirement of notice and hearing – when the law is silent. As protector of the people.F. Ruling : No. the particular aspect in question is the investigatory power and public assistance duties that can be found in the first and second part of Sec. MWSS caused the publication or an “invitation for pre-qualification and bids. on the question of whether to accept or reject a bid and award contract vested by law in a government agency.F Cruz and Inc. Art. Issue: Whether or not the Ombudsman has jurisdiction to take cognizance of PLDPPMA’s complaint and to correspondingly issue its challenged orders directing the Board of Trustees of the MWSS to se aside the recommendation of the PBACCTSE. action in the SC and cited that respondent Ombudsman acted beyond the jurisdiction notwithstanding that Section 20 of the Ombudsman Act. being the lowest complying bidder. improper. unjust. unjust. the court ruled that the law does not required that the act or omission be related to or be connected with or arise from the performance of official duty.8 million people in the Metropolitan area. Large Diameter Pressure Pipes Manufacturers’ Association sent letters offering suggestions on the technical specifications.

Petitioner filed with the CA a petition for prohibition with a prayer for TRO which granted the latter prayer. the law is silent as to these rights. However. He is entitled only to an administrative decision that is based on substantial evidence made of record and a reasonable opportunity to meet the charges made against him and the evidence presented against him during the hearings of the investigating committees. The DOJ formed a panel of lawyers to review and study the request. After eight days. Petitioner undertook to ask for a reconsideration on the same which respondent Drilon. 103570 refers to a petition for review on the decision of the court of appeals consolidated with GR No. Right to counsel in administrative investigations – a counsel may or may not assist a person under investigation. The DOJ denied the request. (Remolona v. and a reasonable opportunity to meet the charges and the evidence presented against her during the hearings of the investigation committee. Petitioner herein was the president of Central Luzon State University who was dismissed by the President of the Philippines from his position after investigation of a committee on several charges against him. The RTC of Manila issued a TRO to maintain a status quo ante. He is entitled only to the administrative decision based on substantial evidence made of record. thus elevated the case to the Court of Appeals on certiorari which sustained the trial court. Pefianco vs Moral 322 SCRA 439 Facts: Ma.S. after the filing of the extradition petition and during the judicial determination of the propriety of extradition. as executive secretary denied. Luisa Moral instituted an action for mandamus and injunction before the regular courts against Secretary Gloria. The SC dispensed with the comment of the Solicitor General for the public respondents it being that the pleadings and papers already filed were already adequate for them to act on said petition. Issue: Whether or not the Court of Appeals erred in dismissing the petition for Certiorari for failure of petitioner to file a motion for reconsideration of the order denying the motion to dismiss. who was later replaced by Secretary Pefianco. hence MJ filed a petition for mandamus before the RTC of Manila to compel the DOJ to furnish him the documents. Ruling : A respondent in an administrative case is not entitled to be informed of the findings and recommendations of any investigating committee created to inquire into charges filed against him. Respondent no doubt had been accorded these rights. 101666 for certiorari and prohibition to review the decision of the executive secretary. petitioner filed with the Supreme Court a petition for certiorari and prohibition with prayer for TRO. CSC) D. Pending the review. Issue : Whether or not the public respondents acted with grave abuse of discretion or any act without or in excess of jurisdiction in rendering the assailed 21 | P a g e . The CA dismissed the petition on the ground that the petition was not meritorious and a case of forum shopping. MJ requested copies of all documents and papers relative to the request that the proceedings be suspended for the meantime. prior thereto. Moral was ordered dismissed from the government service. Respondent did not appeal the judgement . Importance of administrative investigations Ruiz vs Drilon 209 SCRA 695 Facts : GR No. Issue: Whether or not MJ is entitled to notice and hearing during the preliminary or the evaluation stage of the extradition treaty against him. Secretary of Justice vs Lantion 322 SCRA 160 Facts: A request for extradition was filed against Mark Jimenez for alleged violation of many criminal laws in the US. praying that she be furnished a copy of the DECS Investigation Committee Report and that the DECS Secretary be enjoined from enforcing the order of dismissal until she received a copy of the said report. / Was the petitioner entitled to be informed of the findings of an investigative committee created to inquire into charges against him? Ruling : Petitioner is not entitled to be informed of the findings and recommendations of any investigating committee created to inquire into charges filed against him. C. Ruling : From the procedures earlier abstracted. Reference to the U. hence the DOJ filed an appeal to the SC. extradition procedures also manifests this silence. Secretary Gloria moved to dismiss the mandamus case for lack of cause of action but the trial court denied his motion.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer administrative orders. the rights of notice and hearing are clearly granted to the prospective extradite.

Issue: Who has the power to discipline the petitioner or does the president have the power to order an investigation against herein petitioner? Ruling : The position of Assistant Commissioner of the BIR is part of the Career Executive Service under the law which is appointed by the president. take testimony or evidence relevant to the investigation. the president issued a memorandum which streamlined the operations of the BIR abolishing some of the offices which included the office of excise tax and another memorandum dismissing herein petitioner from office as a result of the investigation. Acting on a report by then acting Finance Secretary Leong. E. which order that preliminary injunction restraining respondent from further issuing subpoena in connection with the fact finding investigation against petitioner. committee. any unnecessary extension of the privilege would thus be unwise. Larin vs Executive Secretary 280 SCRA 713 Facts: Petitioner herein was an assistant commissioner of the excise tax service of the BIR being appointed by then President Aquino. Petitioner contends that he is a Career Executive Service officer and he cannot be removed. or person by whom such investigation shall be conducted. a decision was rendered by the Sandiganbayan convicting petitioner of grave misconduct. enjoys the authority to issue subpoenas in its conduct of fact-finding investigations. the President. Pursuant to his special powers and duties under Section 64 of the Revised Administrative Code. the power of removal is not absolute since the petitioner herein is a career service officer who has in his favor the security of tenure who may only be removed through a cause enumerated by law. respondents contended that since petitioner is a presidential appointee. The memorandum issued by the president which created a committee to investigate the administrative charge against petitioner was pursuant to the power of removal by the president. Ruling : Since the only purpose of investigation is to discover facts as a basis of future action. and in connection therewith to designate the official. an investigation of any action or the conduct of any person in the Government service. administer oaths. 1 the President of the Philippines created the Presidential Agency on Reforms and Government Operations (PARGO) under Executive Order No. bagatsing et. the President vested in the Agency all the powers of an investigating committee under Sections 71 and 580 of the Revised Administrative Code. al. Executive power to investigate. 1987 Administrative Code  Residual Powers – unless congress provides otherwise. or which are not delegated by the President in accordance with law. the President shall exercise such other powers and functions vested in the President which are provided for under the laws and which are not specifically enumerated above. For a realistic performance of these functions. source Section 64c Revised Administrative Code  Power of the president –to order. acting thru its officials. Sometime in 1992. al. Evangelista vs Jarencio 68 SCRA 99 Facts: Petitioner filed a case before the SC seeking to annul the order of the respondent judge in civil case manalastas vs. through its executive secretary. However. 1966. when in his opinion the good of the public service so requires. he comes under the direct disciplining authority of the president in line with the principle that the power to remove is inherent in the power to appoint conferred by the Constitution. Section 20 Book III. issued a memorandum creating an executive committee to investigate the administrative charge against petitioner. 22 | P a g e . Thereafter. bagatsing et.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Evangelista vs Jarencio 68 SCRA 99 Facts: Petitioner filed a case before the SC seeking to annul the order of the respondent judge in civil case manalastas vs. petitioner submitted a position paper as required by the committee. including the power to summon witnesses by subpoena or subpoena duces tecum. On the other hand. As a presidential appointee who belongs to career service of the Civil Service. 4 of January 7. he falls under the disciplining authority of the president. Consequently. which order that preliminary injunction restraining respondent from further issuing subpoena in connection with the fact finding investigation against petitioner. Issue: Whether the Agency.

Quezon. Thus. penalizing electro fishing in fresh water. After an investigation. 23 | P a g e . Ruling: The fishery laws did not expressly prohibit electro fishing. 1966. For a realistic performance of these functions. Remolona’s name is not in the list of passing and failing examinees. Nature of power. Requirements in issuing a subpoena: 1. V.the power to issue rules and regulations.) Sections 23. it must not amend an act of the legislature.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Pursuant to his special powers and duties under Section 64 of the Revised Administrative Code. CSS found Estelito Remolona and Nery remolona guilty but Nery Remolona was The president has the power to issue rules and regulations (executive orders. proclamations. 2. Electro fishing is now punishable by virtue of PD 704. Issue : Whether or not the CSC can dismiss the petitioner despite of the fact that the offense committed was not done in the performance of his official duty. the essential legislative functions may not be delegated to administrative agencies and in this sense. an administrative regulation must be in harmony with law. including the power to summon witnesses by subpoena or subpoena duces tecum. Remolona admitted that he was responsible in acquiring the alleged fake eligibility. definition – Administrative agencies are endowed with powers legislative in nature or quasi-legislative. and whether or not probable cause is shown and even before the issuance of a complaint. Nery C. 1 the President of the Philippines created the Presidential Agency on Reforms and Government Operations (PARGO) under Executive Order No. Quasi-legislative /Rule-Making Powers Remolona vs CSC 362 SCRA 304 Facts: Esrelito Romolona was the post master at the postal office service in Infanta. Article VI. Ordinance power of the President/Delegation to the President A formal charge was filed against petitioner Remolona. CA dismissed the petition and therefore a review by the SC. 84 penalizing electro fishing. People vs Maceren 79 SCRA 450 absolved from legibility. Rule making power .2. The lawmaking body cannot delegate to administrative official the power to declare what act constitute a criminal offense. Within the authority of the agency Information is reasonably relevant Demand is not indefinite Facts: The case at bar involves the validity of a 1967 regulation. take testimony or evidence relevant to the investigation. Remolona and Atty. falsification and dishonesty. Remolona who got a rating of 81. However. 28. they affect his right to continue in office. Ruling : If the government officer or employee is dishonest or is guilty of oppression or grave misconduct. On appeal. Constitution A.2. 1. administer oaths. and in practical effect. with the power to make law.25% of as per report of rating issued by the National Board for Teachers. Issue: Whether or not the Fishery Administrative Order No. whether or not adjudication is involved. etc. that his wife has no knowledge and that he did it because he wanted them to be together. the President vested in the Agency all the powers of an investigating committee under Sections 71 and 580 of the Revised Administrative Code. Hadji Sdupadin for possession of fake eligibility. 3. it is said that administrative agencies have no legislative power and are precluded from legislating in the strict sense. 4 of January 7. Administrative agencies may enforce subpoenas issued in the course of investigations. In a prosecution for violation of an administrative order it must clearly appear that the order falls within the scope of the authority conferred by law. Issue : Whether or not PARGO has the power to issue subpoenas Ruling : The subpoena issued by petitioner Quirico Evangelista to respondent Fernando Manalastas is well within the legal competence of the Agency to issue. even if said defects of character are not connected with his office. District Supervisor of the DECS inquired from the Civil Service Commission as to the status of the Civil Service eligibility of Mrs.

Olsen & Co.Acts of the President fixing a date or declaring a status or condition of public moment or interest. General or Special Orders. 2. Section 28. Chapter 2. for information or compliance. shall be promulgated in proclamations which shall have the force of an executive order. 3. a resolution by the municipality allowed thrall fishing. Proclamations. 5. Such law is not deemed complete unless it lays down a standard or pattern sufficiently fixed or determinate. 259 Facts: Walter Olsen. 4. tonnage and wharfage dues. Book III. vs Aldanese. .. 7. Chapter 2 ORDINANCE POWER Sec.The Congress may. such powers shall cease upon the next adjournment thereof. which the President desires to bring to the attention of all or some of the departments. shall be embodied in memorandum circulars. Such delegated power the rules and regulations promulgated should be confined to and limited by the power conferred by the legislative act. allegedly depriving them of their right of exporting cigars to the United States due to the refusal of the Collector of Internal Revenue to issue certificate of origin and that the cigars were not manufactured of long filler tobacco produced exclusively in the province of Cagayan. . Isabela or Nueva Viscaya. Administrative Orders.Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders. . 24 | P a g e . Memorandum Orders. 43 Phil. to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress. 2 . at least. tariff rates. and other duties or imposts within the framework of the national development program of the Government. to guide the administrative body concerned in the performance of its duty to implement or enforce said policy. upon the existence of which the operation of a specific law or regulation is made to depend. by law. Code Sec. bureaus or offices of the Government.Acts of the President on matters relating to internal administration. . Sections 2. Sec. 4. agencies. Ruling: The only power conferred to the Collector of Internal Revenue was that a proper standard of the quality of tobacco should be fixed and defined and that all of these who produce tobacco of the same standard would have equal rights and opportunities. 2. Issue : Whether or not the issuance of the executive order was valid. Memorandum Circulars. or. authorize the President. authorize the President to fix within specified limits. 3.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Section 23.Acts of the President which relate to particular aspect of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders. 1987 Admin.In times of war or other national emergency. However. Gatmaitan 101 Phil 328 Facts: The President of the Philippines issued Executive Orders restricting and banning trawl fishing from San Miguel Bay. determinable without requiring another legislation. . 6. 5. Title I. and subject to such limitations and restrictions as it may impose. 6. import and export quotas. Sec. for a limited period and subject to such restrictions as it may prescribe. a group of other trawl operators questioned the said executive orders alleging that the same is null and void. Ruling : Before the issuance of the eo. . Araneta v. Executive Orders. a duly licensed domestic corporation engaged in the manufacture and export of cigars made of tobacco grown in the Philippines assailed the constitutionality of Act 2613. the Congress may. Sec. 7. Sec. EO issued by the secretary was valid since that it was part of the agencies functions. by law.Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or special orders.Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied in memorandum orders. Issue: Whether or not the Collector of Internal Revenue is authorized to make rules and regulations which are not within the scope of Act 2613.

57. shall have the power to veto any particular item or items of an appropriations ordinance. Such taxes. Circular 1-91 repealed or suspended EO 226 in so far as the manner of appeal. the ordinance shall be deemed approved as if he had signed it. Delegation to LGUs 25 | P a g e . the integrated bar. or an First Lepanto Ceramics vs CA 231 SCRA 30 Facts: BOI granted First Lepanto to amend certificate of recognition by changing scope of its reg product from glazed floor tiles to ceramic stiles. and procedure in all courts. Section 5. 7160 SECTION 54. fees. otherwise. as the case may be. (b) The veto shall be communicated by the local chief executive concerned to the Sanggunian within fifteen (15) days in the case of a province. Article VIII. Held: Yes. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases. 55. Legislative bodies of local governments shall have sectoral representation as may be prescribed by law. it is temporarily restrained BOI from implementing decision. SECTION 55.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Sections 5 and 9. Sangguniang Panlungsod. and shall not diminish. 2. Constitution Promulgate rules concerning the protection and enforcement of constitutional rights. Appeals from decisions of BOI. 56. Each local government unit shall have the power to create its own sources of revenues and to levy taxes. It simply deals with procedural aspects with court has the power to regulate by virtue of its cons rule-making power.5. pleading. increase. an ordinance or resolution adopting a local development plan and public investment program. thereby making the ordinance or resolution effective for all legal intents and purposes. Veto Power of the Local Chief Executive . are brought to CA. which statutes allowed to be filed with SC. . otherwise. . he shall veto it and return the same with his objections to the Sanggunian. Constitution The authority of the Collector of Internal Revenue to makes rules and regulations is specified and defined to the making of rules and regulations for the classification. consistent with the basic policy of local autonomy. Article X. Mariwasa filed petition for review with respondent CA. Section 9. Sections 54. court appellate. Mariwasa oppose filed motion for reconsideration.(a) Every ordinance enacted by the Sangguniang Panlalawigan. 3. except the Punong Barangay. shall be uniform for all courts of the same grade. The Sanggunian concerned may override the veto of the local chief executive by two-thirds (2/3) vote of all its members. (c) ordinances enacted by the Sangguniang Barangay shall. Delegation to the Supreme Court Section 5. practice. 20 days lapsed without respondent court issuing preliminary injunction. (b) The local chief executive. and legal assistance to the under-privileged. which may proceed to reconsider the same. Approval of Ordinances. fees and charges subject to such guidelines and limitations as the Congress may provide. stating his reasons therefor in writing. Issue: Whether or not CA has jurisdiction. marking and packing of leaf or manufactured tobacco of good quality and the handling of it under sanitary conditions. and ten (10) days in the case of a city or a municipality. be signed by the Punong Barangay. Republic Act No. E. Jurisdiction over BOI vested with SC. and charges shall accrue exclusively to the local governments. or modify substantive rights. or Sangguniang bayan shall be presented to the provincial governor or city or municipal mayor. or Sangguniang bayan on the ground that it is ultra vires or prejudicial to the public welfare. he shall affix his signature on each and every page thereof. upon approval by the majority of all its members. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.O 226 grants the right of appeal from decisions of BOI. Sangguniang Panlungsod. the admission to the practice of law.(a) The local chief executive may veto any ordinance of the Sangguniang Panlalawigan. Lepanto filed motion to dismiss. If the local chief executive concerned approves the same.

the same shall be presumed consistent with law and therefore valid. No. the Sangguniang Panlalawigan shall examine the documents or transmit them to the provincial attorney. The Sanggunian may override the veto of the local chief executive concerned by twothirds (2/3) vote of all its members. That the imposition of tariff rates in Section 5(b) of R. 7638 which created the Department of Energy to prepare.(a) Within three (3) days after approval. 8 180 violates Section 26(l) Article VI of the Constitution requiring every law to have only one subject which shall be expressed in its title. No. if any. Section 15 of R. 8 180 ends twenty six (26) years of government regulation of the downstream of industry. The Sangguniang Panlalawigan shall enter its action in the minutes and shall advise the corresponding city or municipal authorities of the action it has taken. the veto shall not affect the item or items which are not objected to. Petitioner contends that that the inclusion of the tariff provision in Section 5(b) of R. . as the case may be. SECTION 56. inform the Sangguniang Panlalawigan in writing of his comments or recommendations. upon approval of the President.A. (b) Within thirty (30) days after receipt of copies of such ordinances and resolutions. fails to take action on Barangay ordinances within thirty (30) days from receipt thereof. copies of approved ordinances and the resolutions approving the local development plans and public investment programs formulated by the local development councils. institute the programs and timetable of deregulation of appropriate energy projects and activities of the energy industry. 8180 is foreign to the subject of the law which is the deregulation of the downstream oil industry. (c) If the Sangguniang Panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon the Sangguniang Panlungsod or Sangguniang bayan concerned. thereby making the ordinance effective even without the approval of the local chief executive concerned. as the case may be. No.A.O. which may be considered by the Sangguniang Panlalawigan in making its decision. amendment. otherwise. it shall declare such ordinance or resolution invalid in whole or in part. the same shall be deemed approved.(a) Within ten (10) days after its enactment. (b) If the Sangguniang Panlungsod or Sangguniang bayan. within a period of ten (10) days from receipt of the documents. (d) If no action has been taken by the Sangguniang Panlalawigan within thirty (30) days after submission of such an ordinance or resolution. the Sangguniang Barangay shall furnish copies of all Barangay ordinances to the Sangguniang Panlungsod or Sangguniang bayan concerned for review as to whether the ordinance is consistent with law and city or municipal ordinances. the Department shall. shall be deemed reenacted. 8180 constitutes an undue delegation of legislative power to the President and the Secretary of Energy because it does not provide a determinate or determinable standard to guide the Executive Branch in 26 | P a g e . B. 8180 entitled "An Act Deregulating the Downstream Oil Industry and For Other Purposes". return the same with its comments and recommendations to the Sangguniang Barangay concerned for adjustment. Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. Rationale for the delegation of quasi-legislative power Tatad vs Secretary of DOE 281 SCRA 330 Facts: This is a petition to challenge the constitutionality of Republic Act No. the secretary to the Sanggunian Panlungsod or Sangguniang bayan shall forward to the Sangguniang Panlalawigan for review. No. 1997. (c) If the Sangguniang Panlungsod or Sangguniang bayan. the effectivity of the Barangay ordinance is suspended until such time as the revision called for is effected. the President implemented the full deregulation of the Downstream Oil Industry through E. the item or items in the appropriations ordinance of the previous year corresponding to those vetoed.372. SECTION 57. Review of Component City and Municipal Ordinances or Resolutions by the Sangguniang Panlalawigan. . No. Congress enacted R. in which case. finds the Barangay ordinances inconsistent with law or city or municipal ordinances. No. within thirty (30) days from receipt thereof.A. The vetoed item or items shall not take effect unless the Sanggunian overrides the veto in the manner herein provided.R. or modification.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer ordinance directing the payment of money or creating liability. or if there be none. (c) The local chief executive may veto an ordinance or resolution only once. Section 5(e) of the law states that "at the end of four (4) years from the affectivity of this Act.A. The provincial attorney or provincial prosecutor shall. to the provincial prosecutor for prompt examination." On February's. In such a case. the law also aimed to encourage free and active participation and investment by the private sector in all energy activities.A. the Sanggunian concerned shall. In 1992.

8180 is unconstitutional? Ruling: The court ruled that RA No. Because EO 1088 sets a higher rate. the lower court ruled in favor of the respondent. there is a constantly growing tendency towards the delegation of greater powers by the legislative and towards the approval of the practice by the courts. The factual antecedents of the controversy are simple. Petitioner insists on paying pilotage fees prescribed under PPA circulars. Petition is dismissed. including the use of discretion. Petition for a writ of certiorari filed. (2) Whether or not Public Service Commission has exceeded its authority. Held: (1) No. Commonwealth Act no. there is a conflict between PPA circular and a law like EO 1088. vs Public Service Commission. As a result of the application of the Eight Hour Labor Law. applicable not only to those public utilities coming into existence after its passage. 146 as amended by Commonwealth Act No. petitioner now assails its constitutionality. Issue: won EO 1088 is unconstitutional 27 | P a g e . Therefore. Both tests are intended to prevent a total transference of legislative authority to the delegates who is not allowed to step into the shoes of the legislature and exercise a power essentially legislative. to transgress the principle of separation of powers. The Public Service Commission denied it. 8180 is declared unconstitutional and ED.. the multiplication of the subjects of governmental regulation and the increased difficulty of administering the laws. The validity of delegating legislative power is now a quiet area in our constitutional landscape. Facts: Davao pilot association filed a petition against the Eastern shipping lines for sum of money and attorney’s fee claiming that herein respondent rendered pilotage service to petitioner. delegation of legislative power has become an inevitability in light of the increasing complexity of the task of government. 221 Facts: Pangasinan Transportation Co. the law must be complete in all its terms and conditions when it leaves the legislative such that when it reaches the delegate the only thing he will have to do is to enforce it. 454 constitute a complete and total abdication of the Legislatures’ functions and thus unconstitutional and void. No. indeed.The rational of the Court annulling RA No. Section 8 of Art. but likewise to those already established and in operation. to carry out the will of the National Assembly having in view. To cede to the Executive the power to make law is to invite tyranny. the latter prevails. Inc. there must be adequate guidelines or limitations in the law to map out the boundaries of the delegate's authority and prevent the delegation from running not. While in Sec. Issues: (1) Whether or not the legislative powers granted to the Public Service Commission by Sec.1 of the Commonwealth Act No. the promotion of “public interests in a proper and suitable manner. Its duty is to enforce the law. Eastern Shipping Lines vs POEA 166 SCRA 533 Ruling: it is axiomatic that administrative agency like Philippine port authority has no discretion whether or not to implement the law. That it shall be valid only for a period of time it has been declared that the period shall not be longer than 50 years.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer determining when to implement the full deregulation of the downstream oil industry. 372 void. the law violates the Constitution. 15 of Commonwealth Act No. 8180 is not because it disagrees with deregulation as an economic policy but because as cobbled by Congress in its present form. Under the sufficient standard test. 70 Phil.” With the growing complexity of modern life. Motion for Reconsideration denied. It filed with Public Service Commission to be authorized to operate ten additional new Brockway Trucks on the ground that they were needed to comply with the terms and conditions of its current certificates. The exercise of delegated power is given a strict scrutiny by courts for the delegate is a mere agent whose action cannot infringe the terms of agency. viz: the completeness test and the sufficient standard test. thus. certificate or any other form of authorization for the operation of a public utility shall be “for a longer period than fifty years” and when it was ordained. all that has been delegated to the commission is the admin function\. As sagely observed. 454 that the Public Service Commission may prescribe as a condition for the issuance of a certificate. in addition. Issue: WON RA No. this right of the state to regulate public utilities is founded upon the police power. Under the first test. There are two accepted tests to determine whether or not there is a valid delegation of legislative power. herein petition for certiorari assailing the decision of the CA. (2) No. Pangasinan Transportation Co. has been engaged in transporting passengers in Pangasinan and Tarlac to Nueva Ecija and Zambales by means of TPU buses for 20 years. XIII of the Constitution provides that no franchise. 454 is constitutional.

Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Calalang vs Williams 70 Phil 726 Facts: Calalang in his capacity as taxpayer questioned the constitutionality of Commonwealth Act 548. 13-6-2000 and its Memorandum dated October 6. "to promote safe transit upon. roads and streets designated as national roads by acts of the National Assembly or by executive orders of the President of the Philippines" and to close them temporarily to any or all classes of traffic "whenever the condition of the road or the traffic thereon makes such action necessary or advisable in the public convenience and interest." The delegated power. 2000 was pursuant to its quasilegislative or rule-making power. the petitioner contended that such act is an invalid delegation of legislative power. No. in his contention. C. The Secretary of Public works and highways with the recommendation of the Director of Public works and the Chairman of the National Traffic Commission promulgated a rule closing a certain road in Manila for animal drawn vehicle for a specific time. including the 25 regional trial courts. Ruling: The Supreme Court ruled that the said act is not an invalid delegation of power. The petitioner. But it cannot be said that the exercise of such discretion is the making of the law. that the Billing Circular is oppressive. Petitioners allege that the NTC has no jurisdiction to regulate the sale of consumer goods such as the prepaid call cards since such jurisdiction belongs to the Department of Trade and Industry under the Consumer Act of the Philippines. which includes the authority of the courts to determine in an appropriate action the validity of the acts 28 | P a g e . Deputy Commissioner Aurelio M. international or executive agreement. Further. or regulation in the courts. Issue :WON the RTC has jurisdiction of the case Held: Petitions are granted. As such. an action for declaration of nullity of NTC Memorandum Circular No. Inc. if at all. treaty. Issue: Whether or not the said Act constitute an invalid delegation of legislative power. Hence. that the Circular will result in the impairment of the viability of the prepaid cellular service by unduly prolonging the validity and expiration of the prepaid SIM and call cards. The determination of whether a specific rule or set of rules issued by an administrative agency contravenes the law or the constitution is within the jurisdiction of the regular courts. confiscatory and violative of the constitutional prohibition against deprivation of property without due process of law. What is assailed is the validity or constitutionality of a rule or regulation issued by the administrative agency in the performance of its quasilegislative function. in view of the condition of the road or the traffic thereon and the requirements of public convenience and interest. instruction. Umali and Deputy Commissioner Nestor C. 151908. the regular courts have jurisdiction to pass upon the same. The authority therein conferred upon them and under which they promulgated the rules and regulations now complained of is not to determine what public policy demands but merely to carry out the legislative policy laid down by the National Assembly in said Act. ordinance. empowers the Secretary of Public Works with the recommendation of the Director of Public works to legislate rules and laws relative to the regulation of traffic in the country.R. and Pilipino Telephone Corporation filed against the National Telecommunications Commission. and avoid obstructions on. the Constitution vests the power of judicial review or the power to declare a law. Indeed. It must depend on the discretion of some other government official to whom is confided the duty of determining whether the proper occasion exists for executing the law. petitioners were justified in invoking the judicial power of the Regional Trial Court to assail the constitutionality and validity of the said issuances. To promulgate rules and regulations on the use of national roads and to determine when and how long a national road should be closed to traffic. The issuance by the NTC of Memorandum Circular No. but merely the ascertainment of the facts and circumstances upon which the application of said law is to be predicated. Santiago. The respondent public official asserted that such promulgation of rules is in connection with the powers vested to them by the said law. Limitations on the rule-making power Smart Communications vs NTC G. to wit. is an administrative function which cannot be directly discharged by the National Assembly. therefore. 13-6-2000 (the Billing Circular). presidential decree. Commissioner Joseph A. and that the requirements of identification of prepaid card buyers and call balance announcement are unreasonable. This is within the scope of judicial power. order. is not the determination of what the law shall be. Dacanay. 12 August 2003 Facts: petitioners Isla Communications Co. they prayed that the Billing Circular be declared null and void ab initio..

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. 8180 may cost losses in quantifiable terms to the oil oligopolists." institute the programs and timetable of deregulation of appropriate energy projects and activities of the energy industry. More worthy of protection than the supranormal profits of private corporations is the sanctity of the fundamental principles of the Constitution." On February's. Completeness test – the law must be complete in all its items and conditions when it leaves the legislature such that 29 | P a g e .00 monthly wage increase on or after January 1. 8180 is foreign to the subject of the law which is the deregulation of the downstream oil industry. at least P60. No. The recognition of the power of administrative officials to promulgate rules in the administration of the statute.372.D. 1977. Congress enacted R. Section 5(e) of the law states that "at the end of four (4) years from the affectivity of this Act. Section 15 of R.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer of the political departments. 26 Philippine Apparel Workers Union vs NLRC 106 SCRA 444 Ruling : By virtue of such rule-making authority. "It seems too clear for serious argument that an administrative officer cannot change a law enacted by Congress.A. Clearly. the Department shall. for as long as the Constitution reigns supreme so long will this Court be vigilant in upholding the economic rights of our people especially from the onslaught of the powerful. the law also aimed to encourage free and active participation and investment by the private sector in all energy activities. the Secretary of Labor issued on May 1. But the loss in tolerating the tampering of our Constitution is not quantifiable in pesos and centavos. 1997. and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.A.A.O. the inclusion of paragraph k contravenes the statutory authority granted to the Secretary of Labor. No. Lest it is missed. provided that those who paid less than this amount shall pay the difference (paragraph k of said rules). Our defense of the people's economic rights may appear heartless because it cannot be half-hearted. and the same is therefore void. The Constitution mandates this Court to be the guardian not only of the people's political rights but their economic rights as well. 8180 is unconstitutional? Ruling: the court ruled that RA No. No. That the imposition of tariff rates in Section 5(b) of R. 525. No. The protection of the economic rights of the poor and the powerless is of greater importance to them for they are concerned more with the exoteric of living and less with the esoteric of liberty. 8180 is not because it disagrees with deregulation as an economic policy but because as cobbled by Congress in its present form. It is of elementary knowledge that an act of Congress cannot be amended by a rule promulgated by an administrative agency. A regulation that is merely an interpretation of the statute when once determined to have been erroneous becomes a nullity. the President implemented the full deregulation of the Downstream Oil Industry through E. 8180 constitutes an undue delegation of legislative power to the President and the Secretary of Energy because it does not provide a determinate or determinable standard to guide the Executive Branch in determining when to implement the full deregulation of the downstream oil industry. Striking down RA. 8 180 violates Section 26(l) Article VI of the Constitution requiring every law to have only one subject which shall be expressed in its title. When confronted by a law violating the Constitution.A. 8 180 ends twenty six (26) years of government regulation of the downstream of industry. In 1992. upon approval of the President. No.R. No. necessarily limited to what is provided for in the legislative enactment. 8180 entitled "An Act Deregulating the Downstream Oil Industry and For Other Purposes". 8180 is declared unconstitutional and ED. Requisites for valid delegation of quasi-legislative power Tatad vs Secretary of DOE 281 SCRA 330 Facts: This is a petition to challenge the constitutionality of Republic Act No. D.A.The rational of the Court annulling RA No. Hence. the Constitution is a covenant that grants and guarantees both the political and economic rights of the people. 7638 which created the Department of Energy to prepare. the law violates the Constitution. No. the Court has no option but to strike it down dead. The right call therefore should be for Congress to write a new oil deregulation law that conforms to the Constitution and not for this Court to shirk its duty of striking down a law that offends the Constitution. No. 1977 a set of rules which exempts not only distressed employers but also "those who have granted in addition to the allowance under P. Petitioner contends that that the inclusion of the tariff provision in Section 5(b) of R. 1. Issue: WON RA No. 372 void.

But at this juncture. Because EO 1088 sets a higher rate. set the petition for hearing on 5 April 1937. he moved for the postponement of the hearing of both motions. the only thing they will have to do is enforce it (Eastern Shipping vs. among other things. The judge thereupon set the hearing of the motion for execution on 21 August 1937. 1. inter alia. This was supplemented by an additional motion for reconsideration submitted on 14 July 1937. that Act 4221. seventh branch. Cu Unjieng states in his petition. People vs Vera 65 Phil 56 Facts: Cu Unjieng filed an application for probation on 27 November 1936. petitioner now assails its constitutionality. alleging. The City Fiscal concurred in the opposition of the private prosecution except with respect to the questions raised concerning the constitutionality of Act 4221. An alternative motion for reconsideration or new trial was filed by counsel on 13 July 1937. Petition is dismissed. but proceeded to consider the motion for leave to intervene as amici curiae as in order. elaborating on the alleged unconstitutionality on Act 4221. On 2 April 1937. herein petition for certiorari assailing the decision of the CA. 1937. referred the application for probation of the Insular Probation Office which recommended denial of the same 18 June 1937. Constitution). The CFI of Manila. the latter prevails. assuming 30 | P a g e . counsel for Cu Unjieng filed an exception to the resolution denying probation and a notice of intention to file a motion for reconsideration. POEA) What cannot be delegated are those which are purely legislative in nature. The private prosecution also filed a supplementary opposition on April 19. but denying the latter's petition for probation. upon objection of counsel for Cu Unjieng. On 3 July 1937. US vs Ang Tang Ho L-4288 20 Nov 1952 that it has not been repealed by section 2 of Article XV of the Constitution. The aforesaid motions were set for hearing on 31 July 1937. concluding that Cu Unjieng "es inocente por duda racional" of the crime of which he stands convicted by the Supreme court in GR 41200. subsection (1). Judge Vera issued an order requiring all parties including the movants for intervention as amici curiae to appear before the court on 14 August 1937. before the trial court. is nevertheless violative of section 1. the Fiscal of the City of Manila filed a motion with the trial court for the issuance of an order of execution of the judgment of this court in said case and forthwith to commit Cu Unjieng to jail in obedience to said judgment. the Fiscal of the City of Manila filed an opposition to the granting of probation to Cu Unjieng. exposing the courts to criticism and ridicule because of the apparent inability of the judicial machinery to make effective a final judgment of this court imposed on the defendant Mariano Cu Unjieng. but said hearing was postponed at the petition of counsel for Cu Unjieng because a motion for leave to intervene in the case as amici curiae signed by 33 (34) attorneys had just been filed with the trial court. thus. under the provisions of Act 4221 of the defunct Philippine Legislature. Judge Pedro Tuason presiding. On the last-mentioned date. Its duty is to enforce the law. On 10 August 1937. On 6 August 1937. Issue: won EO 1088 is unconstitutional Ruling: it is axiomatic that administrative agency like Philippine port authority has no discretion whether or not to implement the law. HSBC and the People came to the Supreme Court on extraordinary legal process to put an end to what they alleged was an interminable proceeding in the CFI of Manila which fostered "the campaign of the defendant Mariano Cu Unjieng for delay in the execution of the sentence imposed by this Honorable Court on him. the CFI of Manila. as an undue delegation of legislative power to the provincial boards of several provinces (sec. He cannot determine what the law shall be. the lower court ruled in favor of the respondent. On 28 June 1937. Petitioner insists on paying pilotage fees prescribed under PPA circulars. Art. Vera promulgated a resolution. Judge Jose O. The private prosecution also filed an opposition on 5 April 1937. Evidence as to the circumstances under which said motion for leave to intervene as amici curiae was signed and submitted to court was to have been heard on 19 August 1937. The factual antecedents of the controversy are simple." The scheduled hearing before the trial court was Eastern Shipping Lines vs POEA 166 SCRA 533 Facts: Davao pilot association filed a petition against the Eastern shipping lines for sum of money and attorney’s fee claiming that herein respondent rendered pilotage service to petitioner. that he has no criminal record and that he would observe good conduct in the future. Vera presiding. that he is innocent of the crime of which he was convicted.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer when it reaches the delegate. VI. there is a conflict between PPA circular and a law like EO 1088. Article III of the Constitution guaranteeing equal protection of the laws for the reason that its applicability is not uniform throughout the Islands and because section 11 of the said Act endows the provincial boards with the power to make said law effective or otherwise in their respective or otherwise in their respective provinces. Thereafter. the Fiscal of the City of Manila moved for the hearing of his motion for execution of judgment in preference to the motion for leave to intervene as amici curiae but. Judge Jose O.

nor it be found in the law challenged because it may be embodied in other statutes on the same subject as that of the challenged legislation. E. Sufficient standard test – to map out the boundaries of the delegates’ authority by defining legislative policy and indicating circumstances under which it is pursued. It is a sufficient compliance with the constitutional requirement if the title expresses the general subject and all provisions of the statute are pertinent to that subject. Of greater import than the damage caused by the illegal expenditure of public funds is the mortal wound inflicted upon the fundamental law by the enforcement of an invalid statute.” Four provinces includes. and the Executive Order issued by the President pursuant to such authority. direct injury as a result of its enforcement. Cervantes vs Auditor General L-4043 26 May 1952 Chiongbian vs Orbos 245 SCRA 253 Facts: Petitioner was manager of the national abaca and Fibers Corporation. Maguindanao. Sulu and Tawi-Tawi voted in favor of creating an autonomous region. “authorizing the President of the Philippines to merge by administrative determination the regions remaining after the establishment of the Autonomous Region.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer accordingly suspended upon the issuance of a temporary restraining order by the Supreme Court on 21 August 1937.A 6734. Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title. the standard is to be found in the same policy underlying the grant to the President in the law. A legislative standard need not be expressed. Financial condition of NAFCO. which is the establishment of the Autonomous Region in Muslim Mindanao. Held: YES. is a proper party in the present proceedings.O 429 as amended by E. Ruling: A legislative standard need not be expressed. With respect to the power to merge existing administrative regions. The contentions of the Petitioners contends that R. Ruling: the rule that so long as the legislative “lays down policy and a standard is established by the statute there is no undue delegation. The People of the Philippines. has a substantial interest in having it set aside. Whether the grant of power to the President is included in the subject expressed in the title of the law. through the Solicitor General and Fiscal of the City of Manila. Hence.A 6734. 2. It may simply be gathered or implied. It may simply be gathered or implied. Submitted to the control of the government enterprise council created in EO 93 in pursuance to RA 51 for approval.) it unduly delegates the legislative power to the President by authorizing him to merge the existing regions. the well-settled rule that the state can challenge the validity of its own laws. The Reorganization of the remaining administrative regions is pertinent to the general subject of R. The title is not required to be an index of the content of the bill. this petition for review by certiorari/ Issue: that EO 93 is invalid as based on the law that is unconstitutional being an undue delegation of legislative power to executive. the People of the Philippines. RA 51 is authorizes the president to make reforms and changes in the government controlled corporation Issue: Whether the Congress has provided a sufficient standard by which the President is to be guided in the exercise of the power granted. thus became ARMM.O 439 was issued by the Chief Executive providing for the Reorganization of the Administrative Regions in Mindanao. 2. The unchallenged rule is that the person who impugns the validity of a statute must have a personal and substantial interest in the case such that he has sustained. Issue: Whether the People of the Philippines. Its board of directors granted quarter allowances to petitioner. “Providing for the Reorganization of Administrative Regions in Mindanano. It goes without saying that if Act 4221 really violates the constitution. Reconsideration was denied. or will sustained.A 6734 is unconstitutional because 1. in whose name the present action is brought. Lanao del Sur. is a proper party in present case. Serve to canalize the banks of the river from overflowing. 1. represented by the Solicitor-General and the Fiscal of the City of Manila. Nor need it be found in the law challenged because it may be embodied in other statutes on the same subject as that of the challenged legislation. 31 | P a g e .) the power granted is not expressed in the title of the law. 2. the resolution was disapproved on recommendation by auditor general. That quarter allowance constituted additional compensation prohibited by NAFCO charter. After the plebiscite. Facts: Petitioners challenged the validity of a provision of R. hence.

124 and 126 to 129 creating municipalities. the authority to create municipal corporations is essentially legislative in nature. Issue: Whether or not the said executive order is a valid delegation of power. to forestall a violation of the separation of powers. 93 to 121. There is. This lays down a standard and policy. However. as Vice President of the Phil and as a taxpayer instituted a writ of prohibition with prelim injunction against the Auditor general from passing in audit any public funds. 2.it must set forth the policy to be executed. power to regulate a mere matter of privilege E. finally. 626-A unconstitutional. A. worse. Ynot vs IAC 148 SCRA 659 Facts: The petitioner is questioning the validity of the Executive order issued by the President of the Philippines prohibiting the interprovincial movement of carabaos and the slaughtering of carabaos not complying with the requirements of Executive Order No. be complete in itself. The conferment on the administrative authorities of the power to adjudge the guilt of the supposed offender is a clear encroachment on judicial functions and militates against the doctrine of separation of powers. the said law: a.A no 2370 and constitutes undue delegation of legislative power Issue: Whether or not the E. Emmanuel said he confiscated Trieste's driver's license pursuant to a memorandum dated February 27.V. Against the delegating statute itself --. Director General Cesar P. Issues on validity of legislation 1. The Solicitor General contended that the said law is a proper delegation of legislative power to the President of the Republic. 626 particularly with respect to age. Due process is violated because the owner of the property confiscated is denied the right to be heard in his defense and is immediately condemned and punished. carried out or implemented by the delegate.the limits of which are sufficiently determinate of determinable 3.whether or not the requisites of valid delegation are present. pursuant to section 68 of the Revised Administrative code. upon the ground Sec. b. Pelaez vs Auditor General 15 SCRA 569 Facts: The President of the Phil. 204 SCRA 837 Facts: For his part. Held: Yes. For these reasons. 2. pursuant to this authority. from the District Commander of the Western Traffic District of the Philippine National Police. is unduly oppressive. also an invalid delegation of legislative powers to the officers mentioned therein who are granted unlimited discretion in the distribution of the properties arbitrarily taken. Exceptions to the requirement of sufficient legislative standards 1. fix a standard. Although congress may delegate to another branch of the government the power to fill in the details in the execution. enforcement or administration of a law. Against the exercise of the delegated power --whether or not the rule or regulation conforms with what the statute provides and whether the same is reasonable. authorizing such sanction under certain conditions. Ruling: The court ruled in that the said order is an invalid delegation of power. Emmanuel Pelaez. issued E. 1991. Petition is dismissed.. the court declared Executive Order No.O nos issued constitutes undue delegation of legislative power. 68 has been impliedly repealed by R. the petitioner was affected to the said order with the contention that the said order is an invalid delegation of power and unduly oppressive to the industry. Obviously. the president promulgate EO 93 creating government enterprises council with power to pass upon the program of activities and yearly budget of member corporations. Nazareno of the Philippine National Police assured the Court in his own Comment that his office had never authorized the removal of the license plates of illegally 32 | P a g e . The petitioner alleges that executive orders are null and void. The court further ruled that the challenged measure is an invalid exercise of the police power because the method employed to conserve the carabaos is not reasonably necessary to the purpose of the law and.O nos.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer for the purpose of promoting simplicity. economy and efficiency in their operations. Solicitor General vs Metropolitan Manila Authority. power which is not directly or exclusively a legislative one and has no relation whatsoever to personal or property rights. it is essential.

PD 1605 remains effective and continues to prohibit the confiscation of license plates of motor vehicles (except under the conditions prescribed in LOI 43) and of driver's licenses as well for traffic violations in Metropolitan Manila. 33 | P a g e . Administrative regulations and policies enacted by administrative bodies to interpret the law have the force of law and are entitled to great respect. "Rule making" means an agency process for the formulation.rules and regulations of internal administration to be observed by subordinate officials for the prompt and efficient dispatch of government business and to facilitate the transactions of the general public with the government. Must be in compliance with the enabling law and not 1. Those issued by an administrative superior and directed exclusively to the subordinates --. in his capacity as president of the Pangasinan State University asked the SC to set aside the COA decision which denied honoraria and per diems claimed under the National Compensation Circular No. amendment. Those directed not only to the inferior officers but also and primarily to private individuals. NULL and VOID. Eslao vs COA 236 SCRA 161 Facts: Eslao. Section 4.2 Book VII. an agency. Admin Code of 1987 "Rule" means any agency statement of general applicability that implements or interprets a law. Without such action. the public. defined Section 2. either directly through a statute or by simply delegating authority to this effect to the local governments in Metropolitan Manila. Hence. b. or procedure available to. in the exercise of its own discretion. Issue: WON Memorandum/ordinance of MMA is valid. fixing the manner by which the terms of a statute are to be complied with. Types of rule-making powers 2. or practice requirements of. Rule and rule-making. An ordinance to be valid:  Must not be in contravention of the constitution  Must not be oppressive  Must not be discriminatory  Must not regulate or prohibit trade  Must not be against a statute F. Classification of rules and regulations a. It is for Congress to determine. or repeal of a rule. whether or not to impose such sanctions. The term includes memoranda or statements concerning the internal administration or management of an agency not affecting the rights of. they cannot be imposed by the challenged enactments by virtue only of the delegated legislative powers. Book VII. Issue: Whether or not the acts done by the COA in the case at bar are valid. regardless of their merits. Held: (1) declaring Ordinance No. Admin Code of 1987 Supplementary legislation – A statute which leaves to the executive the power to fill in the technical details in view of the latter’s expertise is a recognized delegation of legislative power. 53 by certain PSU personnel including petitioner.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer parked vehicles and that he had in fact directed full compliance with the abovementioned decision in a memorandum. fixes and describes the procedures in. 11. including its regulations. and (2) enjoining all lawenforcement authorities in Metropolitan Manila from removing the license plates of motor vehicles (except when authorized under LOI 43) and confiscating driver's licenses for traffic violations within the said area. Ruling: COA is not authorized to substitute its own judgment for any applicable law or administrative regulation with the wisdom or propriety of which it does not agree at least not before such law or regulation was set aside by authorized agency of government as unconstitutional or illegal and void.

Otherwise.3. Supplementary/detailed legislation 1. which declared that petitioners have abandoned and lost their rights over their mining claim. Requisites for validity: Vda de Pineda vs Pena 187 SCRA 22 Issue: (1) whether or not public respondents have jurisdiction to pass upon the validity of the "Ped" claim in a protest case of overlapping of mining claims.refers to the power to issue rules and regulations which have the force and effect of law. it was issued by the Department Head pursuant to validly delegated rule-making powers. 34 | P a g e . Section 128 of the implementing rules invoked by public respondents as basis for their jurisdiction cannot be tainted with invalidity. Second. 463 (Mineral Resources Development Decree of 1974) took effect on May 17. 2. 463 which vests the Bureau of Mines with jurisdiction over protests involving mining claims [Section 48. The Director of Mines rendered a decision declaring that there was no conflict between the "Ped and "Ullmann and dismissed the petition. This case originated from a protest case for alleged overlapping or encroachment between two mining claims. the authority to issue rules. Since the protest case was filed after Pres. whether or not they committed grave abuse of discretion or excess of jurisdiction in declaring petitioners to have abandoned their mining claim. G. Under the same Decree. Decree No. Pres. Decree No. it does not contravene the provisions of Pres.2. Court of Tax Appeals 93 Phil 376 Facts: The Collector of Internal Revenue notified petitioner that its income as an educational institution was taxable. the provisions of the law were made applicable to petitioners. The ascertainment of facts which will form the basis for the enforcement of a statute (contingent legislation or determination). It does not amend or extend the provisions of the statute It is established in jurisprudence that Congress may validly delegate to administrative agencies the authority to promulgate rules and regulations to implement a given legislation and effectuate its policies. Source – enabling law. Facts: Assailed in this petition for certiorari and prohibition is that part of the decision of the Director of Mines. Later on UST submitted a memorandum before the Sec. mining rights to the claim will be lost. Decree No. Rule-making by reason of particular delegation of authority (supplementary or detailed legislation)--.refers to the power to interpret and construe the statutes entrusted to them for implementation. 2. Ruling: Petition dismissed. 4631. Petitioners filed with the Bureau of Mines a letter complain against private respondents for alleged overlapping and encroachment of the "Ullmann" claim over the "Ped" claim. In accordance with the statutory grant of rulemaking power.1. Rule-making by the construction and interpretation of a statute being administered (interpretative legislation)--. regulations and orders necessary to carry out the provisions and purposes of the Decree. and (2) should public respondents have such jurisdiction. to avail of the benefits granted under the Decree. First. Decree No. Petitioners had filed the protest case pursuant to Pres. 2. 1974. 4 requisites of the valid supplementary delegation  must be germane to the objects and purposes of the law  conform to the standards that the law prescribes  must be reasonable  must be related to carrying in to effect the general provisions of law UST v.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 2. The public respondent has jurisdiction. 463. Section 128 merely prescribes a procedural rule to implement the general provisions of the enabling law. Section 90 confers upon the Secretary of Natural Resources. affirmed by the Minister of Natural Resources. such as the "Ped" claim. of Finance disputing the decision of the latter as regard the taxability of the former’s income from tuition fees. upon recommendation of the Director of Mines. nor does it expand the coverage of the Decree. 463 mandates compliance with certain requirements in order for subsisting mining claims. Decree No. Pres.

This the Chief Executive cannot do. The NTC acts through a three-man body. No. The court further ruled that the Supplementary Rules and Regulations Implementing Presidential Decree 851 is even more emphatic in declaring that earnings and other remunerations which are not part of the basic salary shall not be included in the computation of the l3thmonth pay. whereby the petitioner questioned the jurisdiction of respondent to take cognizance of the petition for review. "The all embracing phrase 'earnings and other remunerations' which are deemed not part of the basic salary includes within its meaning payments for sick. The Department order included th commission as part of the computation of determining the 13 month pay of the employees. No. or maternity leaves. "While doubt may have been created by the prior Rules and Regulations Implementing Presidential Decree 851 which defines basic salary to include all remunerations or earnings paid by an employer to an employee. The Secretary however contended that the said order was just a supplementary to the law which the same tried to erase the cloud thereof. and apportion the jurisdiction of the various department. Upon inspection. as in this case. A cursory perusal of the two sets of Rules indicates that what has hitherto been the subject of a broad inclusion is now a subject of broad exclusion. the petitioners were found to be violators of the law th for not including the commission on its employees in the computation of the 13 month pay.A.” which categorically exclude from the definitions of basic salary earnings and other remunerations paid by employer to an employee. for a valid dispensation of its quasi-judicial functions. the vote alone of the chairman of the commission. The Supplementary Rules and Regulations cure the seeming tendency of the former rules to include all remunerations and earnings within the definition of basic salary. No. is not sufficient to legally render an NTC order. Issue: WON NTC is a collegial body Held: We hereby declare that the NTC is a collegial body requiring a majority vote out of the three members of the commission in order to validly decide a case or any incident therein. 422.O. No. 401-A is tainted with invalidity for the reason that it deprives the CFI’s of their jurisdiction to take cognizance of cases involving recovery of taxes.. resolution or decision. nor can that power be delegated by Congress alone has “the power to define. i. NTC) to be a collegial body under Executive Order No. prescribe. which. Issue: Whether or not E.. pays for regular holidays and right differentials. The petitioner contended that the Secretary Drilon is acting in grave abuse of discretion amounting to lack or in excess of jurisdiction in issuing the same. Then the exclusionary provision would prove to be idle and with no purpose.O. Simply put. GMCR vs Bell Telecommunication Phil. 401-A does not merely create the BTA. this cloud is dissipated in the later and more controlling Supplementary Rules and Regulations Facts: Before us are consolidated petitions seeking the review and reversal of the decision1 of the respondent Court of Appeals2 declaring the National Telecommunications Commission (hereafter. 271 SCRA 79 Boie Takeda Chemicals vs Dela Serna 228 SCRA 329 Facts: This is a consolidated case questioning the supplementary regulation issued by the Department of Labor and Employment Secretary regarding the application th and implementation of 13 month pay law. 546 3 and ordering the NTC to heretofore sit and act en bane.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer The case was elevated before the Board of Tax Appeals in accordance with the rules romulgated by said Board under E. Held: E. premium for works performed on rest days and special holidays.e. 401-A. He alone does not speak for and in behalf of the NTC. Issue: Whether or not the said order is a valid administrative regulation. with the concurrence of at least two commissioners. As such they are deemed not part of the basic salary and shall not be considered i the computation of the 13th month pay. Corollarily. vacation.O. absent the required concurring vote coming from the rest of the membership of the commission to at least arrive at a majority decision. but goes as far as depriving the CFI’s of their jurisdiction to act on internal evenue cases. If they were not excluded it is hard to find any 'earnings and other remunerations' expressly excluded in the computation of the 13-month pay. 35 | P a g e . as an instrumentality of the Dept of Finance may properly come within the purview of R. Ruling: The court ruled in favor of the petitioners. a matter which is foreign to it and which comes within the exclusive province of Congress. Inc. the vote of Commissioner Kintanar. and the three members of the commission each has one vote to cast in every deliberation concerning a case or any incident therein that is subject to the jurisdiction of the NTC. Commissioner Kintanar is not the National Telecommunications Commission.

Mabanta vs HDMF 333 SCRA 777 Grego vs COMELEC 274 SCRA 481 Facts: Deputy Sheriff Basco was found guilty by the city court of manila of serious misconduct and dismissed from service with forfeiture of all retirement benefits with prejudice to reinstatement to any position in the national or local government. 7160 apply retroactively to those removed from office before it took effect on January 1. 1992? Ruling: There is no provision in the statute which would clearly indicate that the same operates retroactively. Ruling: the court rule in favor of petitioner. "We reiterate the principle that the power of administrative officials to promulgate rules and regulations in the implementation of a statute is necessarily limited only to carrying into effect what is provided in the legislative enactment. Nasipit Lumber Co. its agencies and instrumentalities or GOCC. If shown to bear no reasonable relation to the purpose for which they are authorized to be issued. Requirement of reasonableness a. Issue: WON the amendments are valid Held: The amendments are null and void insofar as they require that an employer should have both a provident/ retirement plan and a housing plan superior to the benefits offered by the Fund in order to qualify for waiver or suspension of the Fund coverage. 36 | P a g e . they are valid. of course. 1752. It.' Facts: Issue of the validity of the Amendments to the Rules and Regulations Implementing Republic Act No. then they must be held invalid. Supported by good reasons. follows that [Section] 40 (b) of the Local Government Code is not applicable to the present case. or the like conducted by or shall receive any handouts. Its is an axiom of administrative law administrative authorities should not act arbitrarily and capriciously in the issuance of rules and regulations. however. c. Issue: Does Section 40 (b) of Republic Act No. 105 is valid. The regulations adopted under legislative authority by a particular department must be in harmony with the provisions of the law. Bears a reasonable relation to the purpose sought to be accomplished. conference. as we said earlier. b. Issue: won the resolution no.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Romulo. as the regulations relate solely to carrying into effect the provision of the law. At second time petitioner Grego a registered voted file a petition with comelec for disqualification and suspension of his proclamation. Basco was NOT subject to any disqualification at all under Section 40 (b) of the Local Government Code which. Free from constitutional infirmities or charge of arbitrariness Lupangco vs CA 160 SCRA 848 Facts: PRC issued resolution no. such rules and regulations must be reasonable and fairly adapted to secure the end view. 105 “that no examine shall attend any review class. In the 1992 election he run again and this time his victory not without unchallenged. review material or any tip from school or any review center during the three days immediately preceding every examination day including the examination day. To be valid. By such regulations. the law itself can not be extended. and for the sole purpose of carrying into effect its general provisions. therefore. as amended. 1992. Basco was proclaimed and assume office. applies only to those removed from office on or after January 1. Basco run as a councilor in 1988 election won and assume office. briefing. petitioner filed an urgent motion seeking to annul a hasty and illegal proclamation. So long. vs NWPC 289 SCRA 667 3. A quo warranto was filed against him but was dismissed. which require the existence of a plan providing for both provident/retirement and housing benefits for exemption from the Pag~IBIG Fund coverage under Presidential Decree No. 7742.

Jose Rizal Memorial State University – College of Law
Administrative Law Reviewer
The power of administrative officials to promulgate rules and regulations in the implementation of a statute is necessarily limited to carrying into effect what is provided in the legislative enactment.

Issue: What weight should the court observes in administrative construction. Ruling: The court ruled that where the court of last resort has not previously interpreted the stature, the rule is that the courts will give considerations to construction by administrative or executive departments of the state. The construction of the office charged with implementing and enforcing the provisions of a statute should be given controlling weight.

H.

Interpretative legislation 1. Distinction between rule and interpretation

Victorias Milling Co vs Social Security Commission 114 Phil 555 Ratio : When an administrative agency promulgates rules and regulations, in the exercise of its rule making power delegated to it by the legislature, it makes a new law with the force and effect of a valid law. When it renders an opinion, or gives a statement of policy, it merely interprets a pre-existing law, hence, merely advisory. 2. Types of executive construction/interpretation a. Construction by an executive officer directly called to implement the law. It may be express (embodied in a circular, directive or regulation) or implied (practice or mode of enforcement of not applying the statute to certain situations; by usage or practice); b. Construction by the Secretary of Justice as chief legal adviser of the government. May be reversed by President in the exercise of the power to modify, alter or reverse; c. Interpretation handed down in an adversary proceeding in the form of a ruling by an executive officer exercising quasi-judicial power. 2. Weight accorded to administrative constructions

Melendres vs COMELEC 319 SCRA 262 Facts: Petitioner alleges that the COMELEC gravely abused its discretion in issuing and promulgating ex parte the assailed resolution without complying with the provisions of Sections 5 and 6 of Rule 28, Section 1 of Rule 10, Sections 1 to 6 of Rule 14, Sections 1 to 4 of Rule 17 and Section 9 of Rule 18, all of the COMELEC Rules of Procedure. Petitioner were candidates for the position of Barangay Chairman of Barangay Caniogan, Pasig City, in the May 12, 1997 barangay elections. After the counting of the votes, petitioner (Concepcion) was proclaimed as the duly elected Barangay Chairman. On May 21, 1997, private respondent (Melendres) filed an election protest against petitioner (Concepcion) with the Metropolitan Trial Court of Pasig City, contesting therein the results of the election in all forty-seven (47) precincts of said barangay. The case was assigned to Branch 68. On June 4, 1997, after the preliminary hearing of the election case, it was shown that no filing or docket fee was paid by the protestant therein, which payment is required in the COMELEC Rules of Procedure, Rule 37, Sec. 6. Petitioner Concepcion moved to dismiss the case on the ground of failure to comply with this requirement. In the contested Order, public respondent denied the motion to dismiss on the ground that the requirement of payment of filing or docket fee is merely an administrative procedural matter and [is] not jurisdictional. Issue: WON the COMELEC committed grave abuse of discretion

Asturias Sugar Central vs Commissioner of Customs 29 SCRA 617 Facts: The Bureau of Customs issued an Administrative Order in the silence of the Tariff and Customs Code which extends the period of exportation of a specific containers in which the petitioner was directly affected. The petitioner questioned the said order alleging that the construction of a specific statute by an administrative body must not be observed. Held: On the basis of all the foregoing considerations, it is resolved that the payment of the filing of fee for purposes of an election protest and counter-protest is not jurisdictional and, hence, non-compliance therewith at the outset will not operate to deprive the Court of jurisdiction conferred upon it by law and acquired pursuant to the Rules. Accordingly, the Motion to Dismiss the instant petition is hereby denied.

37 | P a g e

Jose Rizal Memorial State University – College of Law
Administrative Law Reviewer

When an administrative agency renders an opinion or issues a statement of policy, it merely interprets a pre-existing law and the administrative interpretation is at best advisory for it is the court that finally determine what the law means. Peralta vs CSC 212 SCRA 425 United Christian Missionary Society vs SSC 30 SCRA 982 Facts: this is the appeal from SSC, seeking to annul the orders of commissioner in dismissing the petition, on the ground that in the absence of express provision in Social Security act, vesting in the commission the power to condone penalties. Petitioners contention that they had under the impression that international organization, they were not cover under SSC. They paid their premiums and ask for condonation, which was denied by commissioner. ISSUE: WON the commission erred in ruling that it has no authority under SSC to condone the penalty prescribed by law for late premiums. RULING: No error in the commissioner’s action. The provision on the SSC precisely enumerates the power of the commission, nowhere from the said powers may it shown that the commissioner is granted expressly or by implication the authority to condone penalties imposed by the act.

J.

Penal rules and regulations 1. Requisites for validity of penal rules and regulations Marcos vs CA 278 SCRA 843 US v. Panlilio 28 Phil 608

Facts: Dependant Panlilio was charged and convicted of the CFI of Province of Pampaga of a violation of the law relating to the quarantining of animals suffering from dangerous diseases known as rinderpest. The conviction was grounded on illegal and voluntary act of herein accused by way of permitting and ordering the carabaos on issue to be taken from the corral while the quarantines against the same was still enforce. On other hand, that herein defendant interposed a defense that the acts complained of did not constitute a crime. Issue: WON the acts complaint of in the case at bar did not constitute a crime. Ruling: the court ruled in the negative. The acts complaint in the case at bar do not fall within any of the provisions of the Act No. 1760. However, the said finding does not prevent the court from finding the accused guilty of a violation of an article of the revised penal code.

3.

Construction of administrative rules and regulations

People v. Exconde 101 Phil 1125 People v. Maceren 79 SCRA 450

Ollada vs Secretary of Finance 109 Phil 1072 Ratio : An administrative body has the power to interpret its own rules and such interpretation becomes part of the rule itself. Unless shown to be erroneous, unreasonable or arbitrary, such interpretation is entitled to recognition and respect from the courts, as no one is better qualified to interpret the intent of the regulation than the authority that issued it. Thus, its interpretation that the rule it issued is not retroactive, not being unreasonable, should be followed. I. Contingent legislation or delegation to ascertain facts Cruz vs Youngberg 56 Phil 234 People vs Vera 65 Phil 56 US vs Ang Tang Ho 43 Phil 1 Lovina vs Moreno 9 SCRA 557 2. K. Imposition of penalties by administrative authorities

Rate-fixing power Philcomsat v. Alcuaz 180 SCRA 218

Facts: Philippine Satellite Corporation filed a petition seeking to annul and set aside an order issued by respondent Commissioner Jose Luis Alcuaz of the NTC, which directs the provisional reduction of the rates which may be charged by petitioner for certain specified lines of its services by 15% with the reservation to make further reduction later, for being violative of the constitutional prohibition against undue delegation of legislative power and a denial or procedural, as well as substantial due process of law. The said provisional reduction is allegedly under the

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Jose Rizal Memorial State University – College of Law
Administrative Law Reviewer
contemplation of E.O. 546, providing for the creation of NTC and granting its ratefixing powers; and E.O. 196, placing petitioner under the jurisdiction of respondent NTC. Issue: Whether or not the order in issue is constitutional. Held: The Supreme Court ruled that the challenged order, particularly on the issue of rates provided therein, being violative of due process clause is void and should be nullified . Thus, temporary rate-fixing order is not exempt from the procedural requirement of notice and hearing. Moreover the temporary rate-fixing becomes final legislative act as to the period during which it has to remain in force pending the final determination of the case. In case of delegation of rate-fixing power, the only standard which the legislature is required to prescribe for the guidance of the admin authority is that the rate reasonable and just. However, it has been held that even in the absence of an express requirement as to reasonableness, this standard may be implied. The fixing of rate is quasi-legislative when the rules or the rates are meant to apply to all enterprises of a given kind throughout the Philippines, in which case, notice and hearing are not required for their validity. Chapter 2 RULES AND REGULATIONS Sec. 3. Filing. - (1) Every agency shall file with the University of the Philippines Law Center three (3) certified copies of every rule adopted by it. Rules in force on the date of effectivity of this Code which are not filed within three (3) months from that date shall not thereafter be the basis of any sanction against any party or persons. (2) The records officer of the agency, or his equivalent functionary, shall carry out the requirements of this section under pain of disciplinary action. (3) A permanent register of all rules shall be kept by the issuing agency and shall be open to public inspection. Sec. 4. Effectivity. - In addition to other rule-making requirements provided by law not inconsistent with this Book, each rule shall become effective fifteen (15) days from the date of filing as above provided unless a different date is fixed by law, or specified in the rule in cases of imminent danger to public health, safety and welfare, the existence of which must be expressed in a statement accompanying the rule. The agency shall take appropriate measures to make emergency rules known to persons who may be affected by them. Sec. 5. Publication and Recording. - The University of the Philippines Law Center shall: (1) Publish a quarter bulletin setting forth the text of rules filed with it during the preceding quarter; and (2) Keep an up-to-date codification of all rules thus published and remaining in effect, together with a complete index and appropriate tables. Sec. 6. Omission of Some Rules. - (1) The University of the Philippines Law Center may omit from the bulletin or the codification any rule if its publication would be unduly cumbersome, expensive or otherwise inexpedient, but copies of that rule shall be made available on application to the agency which adopted it, and the bulletin shall contain a notice stating the general subject matter of the omitted rule and new copies thereof may be obtained.

L.

Effectivity of administrative rules and regulations 1. Publication requirement Section 2, Civil Code

Section 2, Civil Code states that the law shall take effect after fifteen (15) days following their completion of their publication in the Official Gazette unless otherwise provided. Section 18, Book 1, 1987 Administrative Code Sec. 18. When Laws Take Effect. - Laws shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette or in a newspaper of general circulation, unless it is otherwise provided. Chapter 2 Book VII, 1987 Administrative Code

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Jose Rizal Memorial State University – College of Law
Administrative Law Reviewer
(2) Every rule establishing an offense or defining an act which, pursuant to law, is punishable as a crime or subject to a penalty shall in all cases be published in full text. Sec. 7. Distribution of Bulletin and Codified Rules. - The University of the Philippines Law Center shall furnish one (1) free copy each of every issue of the bulletin and of the codified rules or supplements to the Office of the President, Congress, all appellate courts and the National Library. The bulletin and the codified rules shall be made available free of charge to such public officers or agencies as the Congress may select, and to other persons at a price sufficient to cover publication and mailing or distribution costs. Sec. 8. Judicial Notice. - The court shall take judicial notice of the certified copy of each rule duly filed or as published in the bulletin or the codified rules. Sec. 9. Public Participation. - (1) If not otherwise required by law, an agency shall, as far as practicable, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule. (2) In the fixing of rates, no rule or final order shall be valid unless the proposed rates shall have been published in a newspaper of general circulation at least two (2) weeks before the first hearing thereon. (3) In case of opposition, the rules on contested cases shall be observed. Tanada v. Tuvera 146 SCRA 446 Facts: Invoking the people's right to be informed on matters of public concern (Section 6, Article IV of the 1973 Philippine Constitution) as well as the principle that laws to be valid and enforceable must be published in the Official Gazette or otherwise effectively promulgated, Lorenzo M. Tanada, Abraham F. Sarmiento and Movement of Attorneys for Brotherhood, Integrity and Nationalism, Inc. (Mabini) seek a writ of mandamus to compel Juan C. Tuvera (in his capacity as Executive Assistant to the President), Joaquin Venus (in his capacity as Deputy Executive Assistant to the President), Melquiades P. de la Cruz (in his capacity as Director, Malacañang Records Office), and Florendo S. Pablo (in his capacity as Director, Bureau of Printing), to publish, and or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders. Issue: Whether publication in the Official Gazette is not a sine qua non requirement for the effectivity of laws where the laws themselves provide for their own effectivity dates Held: NO. Generally, publication in the Official Gazette is necessary in those cases where the legislation itself does not provide for its effectivity date — for then the date of publication is material for determining its date of effectivity, which is the fifteenth day following its publication — but not when the law itself provides for the date when it goes into effect. This is correct insofar as it equates the effectivity of laws with the fact of publication. Article 2 of the New Civil Code, however, does not preclude the requirement of publication in the Official Gazette, even if the law itself provides for the date of its effectivity. The clear object of the such provision is to give the general public adequate notice of the various laws which are to regulate their actions and conduct as citizens. Without such notice and publication, there would be no basis for the application of the maxim "ignorantia legis non excusat." It would be the height of injustice to punish or otherwise burden a citizen for the transgression of a law of which he had no notice whatsoever, not even a constructive one. Further, publication is necessary to apprise the public of the contents of regulations and make the said penalties binding on the persons affected thereby. The publication of laws has taken so vital significance when the people have bestowed upon the President a power heretofore enjoyed solely by the legislature. While the people are kept abreast by the mass media of the debates and deliberations in the Batasan Pambansa — and for the diligent ones, ready access to the legislative records — no such publicity accompanies the lawmaking process of the President. The publication of all presidential issuances "of a public nature" or "of general applicability" is mandated by law. Presidential decrees that provide for fines, forfeitures or penalties for their violation or otherwise impose a burden on the people, such as tax and revenue measures, fall within this category. Other presidential issuances which apply only to particular persons or class of persons such as administrative and executive orders need not be published on the assumption that they have been circularized to all concerned. The publication of presidential issuances "of a public nature" or "of general applicability" is a requirement of due process. It is a rule of law that before a person may be bound by law, he must first be officially and specifically informed of its contents. Presidential issuances of general application, which have not been published, shall have no force and effect. However, the implementation/enforcement of presidential decrees prior to their publication in the Official Gazette is an operative fact, which may have consequences which

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This is the power to hear and determine questions of fact to which the legislative policy is to apply and to decide in accordance with the standards laid down by the law itself in enforcing and administering the same law. a public hearing. general rule – that the issuance of rules and regulations to implement the law does not require that there be prior notice and hearing conducted by the administrative agencies. Petitioners allege that the NTC has no 41 | P a g e . The past cannot always be erased by a new judicial declaration that an all-inclusive statement of a principle of absolute retroactive invalidity cannot be justified. and Pilipino Telephone Corporation filed against the National Telecommunications Commission. petitioners were justified in invoking the judicial power of the Regional Trial Court to assail the constitutionality and validity of the said issuances. Quasi-judicial body – an organ of government other than a court and other than a legislature. As such.. 2. Hence. What is assailed is the validity or constitutionality of a rule or regulation issued by the administrative agency in the performance of its quasilegislative function. Quasi-judicial power and quasi-judicial body. Issue :WON the RTC has jurisdiction over the case Held: Petitions are granted. Smart Communications vs NTC G. treaty. Inc. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. Application. 151908 12 August 2003 Facts: Petitioners Isla Communications Co. then one must be conducted before such rules and regulations are issued. including the regional trial courts. In carrying out their quasi- Misamis Oriental Association of Coco Traders vs DOF 238 SCRA 63 3. if the statute making the delegation requires such hearing. they prayed that the Billing Circular be declared null and void ab initio. may be conducted. which includes the authority of the courts to determine in an appropriate action the validity of the acts of the political departments. 13-6-2000 and its Memorandum dated October 6. which affects the rights of private parties through either adjudication or rule making power. instruction. confiscatory and violative of the constitutional prohibition against deprivation of property without due process of law. Santiago. Not to be confused with the quasi-legislative or rule-making power of an administrative agency is its quasi-judicial or administrative adjudicatory power. ordinance. Dacanay. if the statute is silent on the matter. Indeed. defined Quasi-judicial power . presidential decree. where the power to act in such manner is incidental to or reasonably necessary for the performance of the executive or administrative duty entrusted to it. the regular courts have jurisdiction to pass upon the same. if practicable.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer cannot be justly ignored. On the other hand. The publication must be full or it is no publication at all since its purpose is to inform the public of its contents. an action for declaration of nullity of NTC Memorandum Circular No. or regulation in the courts. Adjudicatory Powers a.R. The administrative body exercises its quasi-judicial power when it performs in a judicial manner an act which is essentially of an executive or administrative nature. Deputy Commissioner Aurelio M. No. The issuance by the NTC of Memorandum Circular No. This is within the scope of judicial power. However. that the Billing Circular is oppressive. Commissioner Joseph A. that the Circular will result in the impairment of the viability of the prepaid cellular service by unduly prolonging the validity and expiration of the prepaid SIM and call cards. international or executive agreement. the Constitution vests the power of judicial review or the power to declare a law. Umali and Deputy Commissioner Nestor C. order. The determination of whether a specific rule or set of rules issued by an administrative agency contravenes the law or the constitution is within the jurisdiction of the regular courts. VI. and that the requirements of identification of prepaid card buyers and call balance announcement are unreasonable. This is the power to hear and determine questions of fact to which the legislative policy is to apply and to decide in accordance with the standards laid down by the law itself in enforcing and administering the same law. 2000 was pursuant to its quasilegislative or rule-making power. 13-6-2000 (the Billing Circular). Notice and hearing requirement jurisdiction to regulate the sale of consumer goods such as the prepaid call cards since such jurisdiction belongs to the Department of Trade and Industry under the Consumer Act of the Philippines. and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

Santiago. or body which performs it. It is of course a well-settled principle of 42 | P a g e . but three days before that date. by instituting the above-mentioned civil case in the Court of First Instance of Cotabato. vs Oil Industry Commission 145 SCRA 433 Facts: Respondent Manuel B. The school's graduation exercises were thereafter set for May 21. with respect to a matter in controversy. Held: The contentions of petitioner are well-founded. Filipinas Shell Petroleum Corp. While petitioner Shell complied with its contractual commitments. Jr. . the "Committee On the Rating Of Students For Honor" was constituted by the teachers concerned at said school for the purpose of selecting the "honor students" of its graduating class. Manuel B. that determines whether or not it is the discharge of a judicial or quasi-judicial function. Santiago. The exercise of judicial functions may involve the performance of legislative or administrative dudes. Issue: WON Respondent OIC has jurisdiction to hear and decide contractual disputes between a gasoline dealer and an oil company. in connection with the law as to the right to a writ of certiorari. in the sense in which that word is used when applied to courts of justice. but it is sufficient if they are quasi judicial. It may be said generally that the exercise of judicial functions is to determine what the law is. however. It is enough if the officers act judicially in making their decision. committee members along with the District Supervisor and the Academic Supervisor of the place. As the school year was then about to end. as first. It is difficult. weigh evidence. second and third honors. precisely to define what are judicial or quasi judicial acts. and undertakes to determine those questions. Issue: WON the committee committed grave abuse of discretion Held: "'NO GRAVE ABUSE OF DISCRETION” "Allegations relating to the alleged 'grave abuse of discretion' on the part of teachers refer to errors. and there is considerable conflict in the decisions in regard thereto. and draw conclusions from them as basis for their official action and exercise of discretion in a judicial nature. and the performance of administrative or ministerial duties. Yap is a gasoline dealer by virtue of a "Sublease and Dealer Agreement" entered into with petitioner Pilipinas Shell Petroleum Corporation (hereinafter known as Shell) originally in the year 1965 and superseded in the year 1969. It is not essential that the proceedings should be strictly and technically judicial. OIC persisted in asserting jurisdiction over it by rendering a decision stating it has jurisdiction to pass upon the alleged contractual right of petitioner to declare Yap's contract terminated. and the members of the committee deliberated and finally adjudged Socorro Medina. Jr. whatever may be their public character. board." Respondent OIC also allowed respondent Yap reasonable time from receipt of the decision within which to pay his judgment debt to petitioner as adjudged in a Civil Case. and with his father as counsel. represented by his mother. 1965." Despite the pendency of the controversy before the ordinary civil courts. in a measure. . hold hearings. involve the exercise of judicial functions. Petitioner Shell sent demand letters to respondent Manuel B. Yap who continued to ignore these demands letters forcing petitioner Shell to exercise its contractual rights to terminate the contract. Patricia Liñgat and Teodoro C. may. as chairman. Mere commission of errors in the exercise of jurisdiction may not be corrected by means of certiorari. WHAT ARE JUDICIAL OR QUASI JUDICIAL ACTS. he acts judicially. A detailed reading of the entire OIC Act will reveal that there is no express provision conferring upon respondent OIC the power to hear and decide contractual disputes between a gasoline dealer and an oil company. vs Bautista 32 SCRA 188 Facts: The appellant was a grade 6 pupil in a certain public elementary school. Petitioner Shell sent respondent Yap the required 90-day written notice to terminate their contract as provided for by Sec. 5 of their "Sublease and Dealer Agreement.. sought the invalidation of the "ranking of honor students" thus made. that it is the nature of the act to be performed.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer judicial functions. the administrative officers or bodies are required to investigate facts or ascertain the existence of facts. The OIC negated the existence of such right because the stipulation is an "unfair and onerous trade practice. The latter was filed and registered with the OIC..' The precise line of demarkation between what are judicial and what are administrative or ministerial functions is often difficult to determine. if not impossible. mistakes. rather than of the office. or irregularities rather than to a real grave abuse of discretion that would amount to lack of jurisdiction. With the school Principal. Yap defaulted in his obligations upon failure to pay for his purchases of gasoline and other petroleum products. it is clear. Jr. respectively. Petitioner Shell moved for a reconsideration but respondent OIC denied it. the "third placer" Teodoro Santiago. and what the legal rights of parties are. and whenever an officer is clothed with that authority.

and undertakes to determine those questions. and a memorandum directing the DECS officials concerned to initiate dismissal proceedings against those who did not comply and to hire their replacements. certain specific type of cases. Mardo. with respect to a matter in controversy. Distinguished from judicial power Issue: WON the Commission on Human Rights has jurisdiction.D. According to them they had decided to undertake said "mass concerted actions" after the protest rally staged at the DECS premises on September 14. if they are to be valid. or duplicate much less take over the functions of the latter. the CHR complainants (private respondents) were administratively charged on the basis of the principal's report and given five (5) days to answer the charges. . As should at once be observed. he acts judicially. and that it was not meant by the fundamental law to be another court or quasijudicial agency in this country. in the conduct of its investigation or in extending such remedy as may be required by its findings.D. or the power to try and decide. "For failure to heed the return-to-work order. but in so doing.'x x. In the course of any investigation conducted by it or under its authority. like alleged human rights violation involving civil or political rights. the teachers participating in the mass actions were served with an order of the Secretary of Education to return to work in 24 hours or face dismissal. bureau. the performance of administrative duties which do not amount to conferment of jurisdiction over a matter exclusively vested in the courts. An investigation committee was consequently formed to hear the charges in accordance with P." cannot and should not "try and resolve on the merits" (adjudicate) the matters involved in Striking Teachers HRC Judicial Power – is the power to courts of justice to settle actual case of controversies involving legal rights which are demandable and enforceable and to determine whether or not there is grave abuse of discretion. or hear and determine. or even quasi-judicial bodies do. Held: The Court declares the Commission on Human Rights to have no such power. It may also request the assistance of any department. administrative agencies like respondent OIC. . 807' and temporarily replaced. It may exercise that power pursuant to such rules of procedure as it may adopt and. It may be conceded that the Legislature may confer on administrative boards or bodies quasi-judicial powers involving the exercise of judgment and discretion. as incident to the performance of administrative functions. As We declared in Miller vs. Carino vs CHR 204 SCRA 483 Facts: Some 800 public school teachers. in cases of violations of said rules. 1990 without disrupting classes as a last call for the government to negotiate the granting of demands had elicited no response from the Secretary of Education. only to those incidental to. the legislature must state its intention in express terms that would leave no doubt. these terms have well understood and quite distinct meanings. office. are bereft of quasi-judicial powers. 807. or agency in the performance of its functions. "x x 'It may be said generally that the exercise of judicial functions is to determine what the law is. as even such quasi-judicial prerogatives must be limited. it may grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth. or in connection with. and what the legal rights of parties are. Whether in the popular or the technical sense. They were also preventively suspended for ninety (90) days 'pursuant to Section 41 of P.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer administrative law that unless expressly empowered. It can exercise that power on its own initiative or on complaint of any person. only the first of the enumerated powers and functions bears any resemblance to adjudication or adjudgment." 43 | P a g e ." b. To investigate is not to adjudicate or adjudge." Hence it is that the Commission on Human Rights. cite for contempt in accordance with the Rules of Court. The Constitution clearly and categorically grants to the Commission the power to investigate all forms of human rights violations involving civil and political rights. having merely the power "to investigate. and whenever an officer is clothed with that authority. among them members of the Manila Public School Teachers Association (MPSTA) and Alliance of Concerned Teachers (ACT) undertook what they described as amass concerted actions" to "dramatize and highlight' their plight resulting from the alleged failure of the public authorities to act upon grievances that had time and again been brought to the latter's attention. et al (2 SCRA 898): " . adjudicatory powers over. Through their representatives. But it cannot try and decide cases (or hear and determine causes) as courts of justice.

the Civil Aeronautics Administration. such as the National Labor Relations Commission. 6715 is silent with respect to an appeal from the decision of a voluntary arbitrator. the Philippine Patent office. the Board of Review for Moving Pictures. Issue: WON the PADS is a quasi-judicial body issue search warrants under the 1973 Constitution? Held: A quasi-judicial body has been defined as "an organ of government other than a court and other than a legislature. the Social Security Commission. c. the Board of Special Inquiry and Board of Commissioners. Presidential Decree No. Board on Pensions for Veterans. the Presidential Anti-Dollar Salting Task Force. or special privilege. awards. on promotion. Distinguished from administrative function Administrative Function – are those which involve the regulation and control over the conduct and affairs of individuals for their own welfare and the promulgation of rules and regulations to better carry out the policy of the legislature as such are devoled upon the admin agency by the organic law of existence. the Bureau of Internal Revenue. the Postal Savings Bank. and Philippine Veterans Administration. while there is an express mode of appeal from the decision of a labor arbiter. As may be seen. Presidential Anti-Dollar Salting Task Force vs CA 171 SCRA 348 Facts: The petitioner. office of the Insurance Commissioner. like the Bureau of Posts. Philippine National Railways. convinces the Court that the Task Force was not meant to exercise quasi-judicial functions. like the Securities & Exchange Commission. (6) Agencies set up to function in situations wherein the government is seeking to adjust individual controversies because of some strong social policy involved. Metropolitan Waterworks & Sewerage Authority." The most common types of such bodies have been listed as follows: (1) Agencies created to function in situations wherein the government is offering some gratuity. and unless its decision are seasonably appealed to the proper reviewing authorities. to try and decide claims and execute its judgments.4 The state of our present law relating to voluntary arbitration provides that "(t)he award or decision of the Voluntary Arbitrator x x x shall be final and executory after ten (10) calendar days from receipt of the copy of the award or decision by the parties."6 Hence. Bureau of Labor Standards. as amended by Presidential Decree No. (2) Agencies set up to function in situations wherein the government is seeking to carry on certain government functions. and the Professional Regulation Commission. (5) Agencies set up to function in situations wherein the government is seeking under the police power to regulate private business and individuals. 1936. As the President's arm called upon to Facts: From a submission agreement of the Luzon Development Bank (LDB) and the Association of Luzon Development Bank Employees (ALDBE) arose an arbitration case to resolve the following issue: Issue: WON the company has violated the Collective Bargaining Agreement provision and the Memorandum of Agreement dated April 1994. the Civil Service Commission. awards. the Central Bank of the Philippines. like the Fiber Inspections Board. PADS issued search warrants against certain companies. grant. which affects the rights of private parties 44 | P a g e . the same attain finality and become executory.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Luzon Development Bank vs Association of LDB Employees 249 SCRA 162 through either adjudication or rule making. (4) Agencies set up to function in situations wherein the government is seeking to regulate business affected with public interest. Board of Food Inspectors. A perusal of the Presidential Anti-Dollar Salting Task Force's organic act. or orders. (3) Agencies set up to function in situations wherein the government is performing some business service for the public. Held: It will thus be noted that the Jurisdiction conferred by law on a voluntary arbitrator or a panel of such arbitrators is quite limited compared to the original jurisdiction of the labor arbiter and the appellate jurisdiction of the National Labor Relations Commission (NLRC) for that matter. that is. like the defunct Philippine Veterans Board."5 while the "(d)ecision. it is the basic function of these bodies to adjudicate claims and/or to determine rights. and NARRA. or orders of the Labor Arbiter are final and executory unless appealed to the Commission by any or both parties within ten (10) calendar days from receipt of such decisions. the President's arm assigned to investigate and prosecute so-called "dollar salting" activities in the country. the Regional Offices of the Ministry of Labor. the Court of Agrarian Relations. like the Bureau of Immigration. Republic Act No. Women and Minors Bureau. 2002.

Aquino directed the Solicitor General to prosecute all persons involved in the misuse of coconut levy funds. only to meet with the opposition of Sideco. who as an independent constitutional officer has primary jurisdiction over cases of this nature. Both are assured under the foregoing executive orders and the rules and regulations promulgated by the PCGG. Petitioner alleges that the PCGG may not conduct a preliminary investigation of the complaints filed by the Solicitor General without violating petitioner's rights to due process and equal protection of the law. his immediate family. Exactly what the two Sarenas' contention is. for the sequestration order. it is tasked alone by the Decree to handle the prosecution of such activities. freeze order or takeover order. it is indispensable that. in preference to all other persons. relatives. to conduct such preliminary investigation and take appropriate action. (2) freezing assets. Sideco vs Sarenas. The Court holds that a just and fair administration of justice can be promoted if the PCGG would be prohibited from conducting the preliminary investigation of the complaints subject of this petition and the petition for intervention and that the records of the same should be forwarded to the Ombudsman. is vested with the authority to grant provisional remedies of (1) sequestration. claim the exclusive right to the use of the waters flowing through the estero for irrigation purposes. Issue: WON Held: Administrative machinery for the settlement of disputes as to the use of waters is provided by the Irrigation Act. 41 Phil. and that the PCGG has no right to conduct such preliminary investigation. Issue: WON the Presidential Commission on Good Government (PCGG) has the power to conduct a preliminary investigation of the anti-graft and corruption cases filed by the Solicitor General against Eduardo Cojuangco. Upon the creation of the PCGG under EO. an adequate and fair opportunity to contest it and endeavor to cause its negation or nullification. The general power of investigation vested in the PCGG is concerned. to use the waters of the estero Bangad. 1915. and that the Director of Public Works. 80 Facts: Two parties.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer combat the vice of "dollar salting" or the blackmarketing and salting of foreign exchange. Sideco then took the proceedings to the Court of First Instance of Nueva Ecija. with the approval of the Secretary of Commerce and Communications. it may be divided into two stages. It is in such instances that We say one cannot be "a prosecutor and judge at the same time. he cannot be expected to handle with impartiality the preliminary investigation of his own complaint. dismissing the complaint and the appeal of Sideco and confirming the decision of the administrative authorities. It is at this stage. The claim of Sideco goes back to 1885 when the predecessor in interest of his father constructed a dam in these waters." Having gathered the evidence and filed the complaint as a law enforcer. However. Pursuant to the above directive the Solicitor General created a task force to conduct a thorough study of the possible involvement of all persons in the anomalous use of coconut levy funds. and Leocadio Sarenas and Rufino Sarenas on the other hand. Held: Considering that the PCGG. the PCGG was charged with the task of assisting the President not only in the recovery of illgotten wealth or unexplained wealth accumulated by the former President. The "decision" of the Secretary thereon is final "unless 45 | P a g e . but nothing more. The first stage of investigation which is called the criminal investigation stage is the factfinding inquiring which is usually conducted by the law enforcement agents whereby they gather evidence and interview witnesses after which they assess the evidence and if they find sufficient basis. judgment was entered. while conceding the correctness of the findings of the trial court. this time as a public prosecutor. The further appeal of Sideco to this court. 1 issued by President Aquino. granted the two Sarenas the right. Cojuangco vs PCGG 190 SCRA 226 Facts: President Corazon C. it appears that they made application to the Director of Public Works. the use of the dam was afterwards interrupted by outside causes such as imprisonment and war. as in the case of attachment and receivership. is not quite clear on the facts before us. Jr. subordinates and close associates but also in the investigation of such cases of graft and corruption as the President may assign to the Commission from time to time and to prevent a repetition of the same in the future. with the costs against the plaintiff. as amended. squarely challenges its judgment. like the courts. and 1916. After trial. and (3) provisional takeover. as above discussed. file the complaint for the purpose of preliminary investigation. and other respondents for the alleged misuse of coconut levy funds. but again reasserted in 1911. there exists a prima facie factual foundation. Controversies must be submitted to the Secretary of Commerce and Communications through the Director of Public Works. at least. The second stage is the preliminary investigation stage of the said complaint. where it is ascertained if there is sufficient evidence to bring a person to trial. Crispulo Sideco on the one hand.

) A more extensive method is also provided. The installment payments having been completed. Any examinee violating this instruction shall be Facts : The petitioner as agent of private respondent Pleasantville Development Corporation sold a subdivision lot on installment to private respondent Efren Diongon. affirmed by the Secretary of Commerce and Communications. vs Hibionada 191 SCRA 268 Lupangco vs CA 160 SCRA 848 Facts: Professional Regulation Commission (PRC) issued Resolution No. 41. review material. college or university. thirty days after the date of the notification of the parties of said decision. he filed a complaint against them for specific performance and damages in the Regional Trial Court of Negros Occidental.-The decision of the Director of Public Works. (Secs. instructor official or employee of any of the aforementioned or similar institutions during the three days immediately preceding every examination day including the examination day. Diongon demanded the delivery of the certificate of title to the subject land. with the RTC a complaint for injunction with a prayer for the issuance of a writ of preliminary injunction against respondent PRC to restrain the latter from enforcing the above-mentioned resolution and to declare the same unconstitutional. as approved by the Secretary of Commerce and Communications. The resolution embodied the following pertinent provisions: "No examinee shall attend any review class. What is needed to be done by the respondent is to find out the source of such leakages and stop it right there. In the performance of this work. containing as it does the technical findings of officers especially qualified in irrigation engineering. contending that the competent body to hear and decide the case was the Housing and Land Use Regulatory Board.T. If corrupt officials or personnel should be terminated from their loss. 4. Making the examinees suffer by depriving them of legitimate means of review or preparation on those last three precious dayswhen they should be refreshing themselves with all that they have learned in the review classes and preparing their mental and psychological make-up for the examination day itself-would be like uprooting the tree to get ride of a rotten branch. These are all within the powers of the respondent commission as provided for in Presidential Decree No. 9. should invariably be made a part of the judicial record because (1) the determination of these officials would be most useful to the courts. 223. may examine witnesses under oath. Fixers or swindlers should be flushed out. which makes it the duty of the Director of Public Works to make a technical examination of streams and to prepare a list of priorities. or any tip from any school. somewhat akin to our cadastral system. 105 is not a guarantee that the alleged leakages in the licensure examinations will be eradicated or at least minimized.T. to the Court of First Instance of the province in which the property is situated. or any review center or the like or any reviewer. Inc. But by all means the right and freedom of the examinees to avail of all legitimate means to prepare for the examinations should not be curtailed. subject to the sanctions.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer appeal therefrom be taken to the proper court within. e. The motion to dismiss was denied by the court contending that it had jurisdiction over the matter. Distinguished from legislative power or rule-making C. The case was set for initial hearing.) DECISION OF DIRECTOR OF PUBLIC WORKS AS PART OF JUDICIAL RECORD. lecturer. Torres Enterprises. all reviewees preparing to take the licensure examinations in accountancy filed in their own behalf and in behalf of all others similarly situated like them. then licenses should be suspended or revoked. Strict guidelines to be observed by examiners should be set up and if violations are committed. Issue: WON the Resolution is unconstitutional Held: The Resolution is null and void. briefing. In case of such appeal the court having jurisdiction shall try the controversy de novo. (Secs. 18. and (2) the exact date of the decision is of moment since it decides whether the appeal was taken in time. power Rationale for vesting administrative agencies with quasi-judicial Ocampo vs US 234 US 91 d. 105 as part of its "Additional Instructions to Examinees to all those applying for admission to take the licensure examinations in accountancy. When neither the petitioner nor Pleasantville complied.) "Appeal" lies from the "decision" of the Director of Public Works. and can issue for this purpose subpoenas and subpoenas duces tecum. then so be it. Such action must be brought within ninety days of the date of the publication of the approved list of priorities. Petitioners. 46 | P a g e . 8. Torres Enterprises filed a motion to dismiss for lack of jurisdiction. 10." (See. It was then that C. conference or the like conducted by. The enforcement of Resolution No. or shall receive any hand-out. the Director of Public Works or any official especially authorized by him.) Certificates signed by the Secretary of Commerce and Communications are then granted each appropriator. (Sec.

Unsound real estate business practices. Hence. promulgated July 12. the National Housing Authority shall have exclusive jurisdiction to hear and decide cases of the following nature: A. Scope of quasi-judicial powers of an administrative agency GSIS vs CSC 202 SCRA 799 Facts : The Government Service Insurance System (GSIS) dismissed six (6) employees as being "notoriously undesirable. No. dealer. but also with quasi-judicial powers. The provisions are analogous and entirely consistent with the duty or responsibility reposed in the Chairman by PD 807. should normally and logically be deemed to include the grant of authority to enforce or execute the judgments it thus renders. against the deceased employees. 957. and ordered the remand of the cases to the GSIS for appropriate disciplinary proceedings. It would seem quite obvious that the authority to decide cases is inutile unless accompanied by the authority to see that what has been decided is carried out. No. 1976 and otherwise known as "The Subdivision and Condominium Buyers' Protective Decree. the Commission ruled that the dismissal of all five was indeed illegal. Ratio : The Civil Service Commission. B. unless the law otherwise provides.D. 957. resolutions or orders which. The Civil Service Commission promulgated Resolution No. 1978. In the exercise of its functions to regulate the real estate trade and business and in addition to its powers provided for in Presidential Decree No. 957. Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lots or condominium units against the owner. By Resolution. to all intents and purposes. broker or salesman. Five of these six dismissed employees appealed to the Merit Systems Board. Issue : WON the CSC had powers to execute its resolution or judgment. like the Commission on Elections and the Commission on Audit. is a constitutional commission invested by the Constitution and relevant laws not only with authority to administer the civil service. 89-779 adopting. GSIS appealed to the SC and affirmed the decision of the CSC with a modification that it eliminated the payment of back salaries until the outcome of the investigation and reinstatement of only 3 employees since the other two had died. No. it should be stressed. In light of all the foregoing constitutional and statutory provisions. or the continuation of any then pending.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Issue : WON the trial court have jurisdiction over the case. subject to policies and resolutions adopted by the Commission. pursuant to the authority granted by the constitutional and statutory provisions. and C.D. 1988 so far as. foreclosing the initiation of disciplinary administrative proceedings. GSIS opposed and came to the SC on certiorari contending that the CSC does not have any power to execute its resolution or judgment. Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner developer. however. or the authority to hear and adjudge cases. It has the authority to hear and decide administrative disciplinary cases instituted directly with it or brought to it on appeal. has already sealed that outcome. it would appear absurd to deny to the Civil Service Commission the power or authority to enforce or order execution of its decisions. Ratio : P. or the need of the government to respond swiftly and competently to the pressing problems of the modem world. specified the quasi-judicial jurisdiction of the agency as follows: SECTION 1." they having allegedly been found to 47 | P a g e . The GSIS appealed to the Civil Service Commission." provides that the National Housing Authority shall have exclusive authority to regulate the real estate trade and business. 1344. approving and putting into effect simplified rules of procedure on administrative disciplinary and protest cases. The Board found the dismissals to be illegal because affected without formal charges having been filed or an opportunity given to the employees to answer. Whatever may be said of the binding force of the Resolution of July 4. f. be connected with irregularities in the canvass of supplies and materials. it has been exercising through the years. developer.D. it makes P. broker or salesman. This departure from the traditional allocation of governmental powers is justified by expediency. Death. and empowered the National Housing Authority to issue writs of execution in the enforcement of its decisions under P. which was promulgated April 2. dealer. the grant to a tribunal or agency of adjudicatory power. The heirs of the deceased sought execution of the order from the CSC which was granted.

it cannot exact an impossible performance or decree a useless exercise. against the election of said petitioner as member of the National Assembly for the first assembly district of the Province of Tayabas. for the issuance of a writ of prohibition to restrain and prohibit the Electoral Commission. the courts cannot or will not determine a controversy involving a question which is within the jurisdiction of an administrative tribunal. Issue : Has the said Electoral Commission acted without or in excess of its jurisdiction in assuming to take cognizance of the protest filed against the election of the herein petitioner notwithstanding the previous confirmation of such election by resolution of the National Assembly? Ratio : The creation of the Electoral Commission carried with it ex necesitate rei the power regulative in character to limit the time within which protests intrusted to its cognizance should be filed. 8 of the National Assembly confirming the election of members against whom no protests has been filed at the time of its passage on December 3. 1935. Electoral Commission 63 Phil 139 Facts : This is an original action instituted in this court by the petitioner. While there might have been good reason for the legislative practice of confirmation of members of the Legislature at the time the power to decide election contests was still lodged in the Legislature. (1). confirmation alone by the Legislature cannot be construed as depriving the Electoral Commission of the authority incidental to its constitutional power to be "the sole judge of all contests relating to the election. 138." PTFI then filed with the Regional Court of Manila a complaint for injunction and damages with prayer for a temporary restraining order against respondents Commissioner of Customs and AJIC to enjoin the latter from importing matches and "wood-derivative" products. eighth ed. vol. and the Collector of Customs from allowing and releasing the importations. must be deemed by necessary implication to have been lodged also in the Electoral Commission. 36. (1). 231 SCRA 463 Facts : Petitioner PROVIDENT TREE FARMS. Confirmation of the election of any member is not required by the Constitution before he can discharge his duties as such member. one of the respondents. Secretary Fulgencio S. Upon request of PTFI. Angara. of the Revised Forestry Code 1 confers on entities like PTFI a set of incentives among which is a qualified ban against importation of wood and "wood-derivated" products. 48 | P a g e . Petitioner challenges the jurisdiction of the Electoral Commission. experience. Private respondent A. returns and qualifications of members of the National Assembly. Angara vs. par. is a Philippine corporation engaged in industrial tree planting. Ruling : PTFI's correspondence with the Bureau of Customs contesting the legality of match importations may already take the nature of an administrative proceeding the pendency of which would preclude the court from interfering with it under the doctrine of primary jurisdiction. where the question demands the exercise of sound administrative discretion requiring the special knowledge. International Corporation (AJIC) imported four (4) containers of matches from Indonesia. from taking further cognizance of the protest filed by Pedro Ynsua. another respondent. and direct recourse of petitioner to the Regional Trial Court to compel the Commissioner of Customs to enforce the ban is devoid of any legal basis. every particular power necessary for the exercise of the one or the performance of the other is also conferred (Cooley. (PTFI). can not be construed as a limitation upon the time for the initiation of election contests. returns.. Under the sense-making and expeditious doctrine of primary jurisdiction . . Issue : WON the RTC has jurisdiction over the case. Factoran. It grows gubas trees in its plantations in Agusan and Mindoro which it supplies to a local match manufacturer solely for production of matches. INC. of the Department of Natural Resources and Environment issued a certification that "there are enough available softwood supply in the Philippines for the match industry at reasonable price. Sec. J. unnecessary. pp. par. Resolution No. . 139). I. AJIC moved to dismiss the case asseverating that the enforcement of the import ban under Sec. Jr. Constitutional Limitations. which the Bureau of Customs.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer exoneration in the administrative proceedings a condition precedent to payment of back salaries.. and services of the administrative tribunal to determine technical and the National Assembly of the returns of its members against whose election no protests have been filed is. the incidental power to promulgate such rules necessary for the proper exercise of its exclusive powers to judge all contests relating to the election. It is a settled rule of construction that where a general power is conferred or duty enjoined. and two (2) more containers of matches from Singapore. 36. Jr. of the Revised Forestry Code is within the exclusive realm of the Bureau of Customs. to fix the time for the filing of said election protests. In the absence of any further constitutional provision relating to the procedure to be followed in filing protests before the Electoral Commission. and qualifications of the members of the National Assembly". to all legal purposes. In consonance with the state policy to encourage qualified persons to engage in industrial tree plantation. therefore. Confirmation by Provident Tree Farms vs Batario. Jose A.

the same cannot be subject of mandamus. Moreover. developers. may properly be imposed for said acts or omissions. 1344. as it has announced it means to do. and the failure of the teachers to discontinue those actions and return to their classes despite the order to this effect by the Secretary of Education. Petitioner argues that inasmuch as there is no perfected contract of sale between the parties. Said powers have since been transferred to the HLRB. Samar Mining Co.. and a uniformity of ruling is essential to comply with the purposes of the regulatory statute administered (Pambujan Sur United Mine Workers v. Issue : WON the RTC had jurisdiction over the recovery of reservation fee. Ratio : Under Presidential Decree No. subject to judicial review in case of grave abuse of discretion. having merely the power "to investigate. the need for specialized administrative boards or commissions with the special knowledge.00. In the case at bench. 94 Phil. Otherwise stated. .Jose Rizal Memorial State University – College of Law Administrative Law Reviewer intricate matters of fact. 941 [1954]. except when in the excrcise of its authority it clearly abuses or exceeds its jurisdiction. 49 | P a g e ." cannot and should not "try and resolve on the merits" (adjudicate) the matters involved in Striking Teachers HRC Case No. Inc. if any. Homestead Property Corporation 178 SCRA 164 Facts : Private respondent Taclin V. and dealers. The same was denied and respondents appealed to the CA who decided in their favor. Bañez offered to sell to petitioner Enriqueto F. the Commission has no power to "resolve on the merits" the question of (a) whether or not the mass concerted actions engaged in by the teachers constitute a strike and are prohibited or otherwise restricted by law. one who offers to buy is as much a buyer as one who buys by virtue of a perfected contract of sale. Private respondent suggested that petitioner pay a reservation fee of P20. Moreover. 90-775. however cleverly the complaint may be worded. (b) whether or not the act of carrying on and taking part in those actions. has become well nigh indispensable . experience and capability to hear and determine promptly disputes on technical matters or essentially factual matters.. Tejada a 200 square meter lot owned by respondent corporation. constitute infractions of relevant rules and regulations warranting administrative disciplinary sanctions. the court cannot compel an agency to do a particular act or to enjoin such act which is with its prerogative. the respondent corporation changed the terms of monthly amortization which resulted in the demand of the petitioner for the return of his reservation fee. Respondents herein filed a motion to dismiss contesting the jurisdiction of the RTC to hear the case. the NHA has exclusive jurisdiction to hear and decide claims involving refund and other claims filed by a subdivision lot or condominium unit buyer against the project owner. and (c) what where the particular acts done by each individual teacher and what sanctions. we have no occassion to rule on the issue of grave abuse of discretion as excess of jurisdiction as it is not before us. The word "buyer" in the law should be understood to be anyone who purchases anything for money. . In this era of clogged court dockets. Respondent refused to return the same and petitioner brought suit with the RTC for a collection of sum of money. After paying the reservation fee. Since the determination to seize or not to seize is discretionary upon the Bureau of Customs. and it cannot do so even if there be a claim that in the administrative disciplinary proceedings against the teachers in question. which would form part of the consideration in case they reach a final agreement of sale and which amount was to be returned to the petitioner should the parties fail to reach an agreement. upon the promulgation of Executive Order No. Since in this case the action for refund of reservation fee arose from a proposed purchase of a subdivision lot obviously the HLRB has exclusive jurisdiction over the case. Under the circumstances of this case. etc. or civil or political rights had been transgressed. But this does not preclude recourse to the courts by way of the extraordinary relief of certiorari under Rule 65 of the Rules of Court if the Bureau of Customs should gravely abuse the exercise of its jurisdiction. among others. it is therein provided that the HLRB has exclusive jurisdiction over claims involving refund filed against project owners. the claim for recovery of the reservation fee properly falls within the jurisdiction of the regular courts and not that of the HSRC. 90. Cariño vs. their human rights.000. 932. the ultimate relief sought by PTFI is to compel the Bureau of Customs to seize and forfeit the match importations of AJIC. Ruling : Hence it is that the Commission on Human Rights. all controversies relating to the subject matter pertaining to its specialization are deemed to be included within the jurisdiction of said administrative agency or body. There is no such qualification in said provision of law that makes a distinction between a perfected sale and one that has yet to be perfected. CHR 204 SCRA 483 Tejada v. Split jurisdiction is not favored.). More particularly. or are justified by the grievances complained of by them. When an administrative agency or body is conferred quasi-judicial functions. initiated and conducted by the DECS.

non-official and absolutely a private matter. Ruling : Respondent should have known or ought to know that under Section 1. a subpoena "is a process directed to a person requiring him to attend and to testify at the hearing or the trial of an action. issued in connection with a criminal case or for any other pending case in his court nor for any investigation he was competent to conduct pursuant to law or by direction of this Court. Petitioner moved to quash the subpoena on the ground that it can only be regarded as a “fishing bill” to discover evidence 50 | P a g e ." Although the subpoena he caused to be issued purports to be in a form for criminal cases pending in his court. while the dispensing power sanctions a deviation from a standard. by any yardstick. being within the scope of the disciplinary powers granted to him under the Civil Service Law. Said amount was the amount of the life insurance policy of Facts : Private respondents herein sued herein petitioner for unfair competition in the lower court. Generosa had not filed any action in respondent's court for her claim. Issue : Propriety of the subpoena issued by the respondent judge. Illustrated by the corrective powers of public utility commissions. reparations under public utility laws and awards under. accommodating the request and using his official functions and office in connection therewith was. within the appellate jurisdiction of the Civil Service Commission. time and place stated in the subpoena. or for taking of his deposition. in no way connected with or related to some of his administrative duties because he knew from the beginning that it was for a confrontation with the complainant as solicited by Generosa. 2. Section 13 Book VII 1987 Admin. The grant or denial of permit or authorization. The authority to exempt from or relax a general prohibition. 1. or authority to relieve from affirmative duty. Not being then directly or remotely related to his official functions and duties. g. neither is there any case in respondent's court concerning such death benefits. administrative conference. it was not. To designate administrative power to apply compulsion or force against person or property to effectuate a legal purpose without a judicial warrant to authorize such action. Sandagan for the latter to get a share in the death benefits of Edgardo Sandagan which was received by the complainant. The Power to Issue Subpoena Carmelo vs Ramos 6 SCRA 836 In a suit for unfair competition. in fact. or at any investigation conducted under the laws of the Philippines. Summary powers. powers of assessment under the revenue laws. Equitable powers.. she was berated by the respondent and demanded 8K from her. it is only through the issuance of the questioned "subpoena duces tecum " that the complaining party is afforded his full rights of redress. During the trial and after the presentation of some of private respondents’ witnesses. VII. That purpose was. Directing powers. obviously. one Edgardo Sandagan. The licensing power sets or assumes a standard. Classification of adjudicatory powers 2. and also. What Generosa wanted was for respondent to act as mediator or conciliator to arrive at a possible compromise with the complainant. Caamic was surprised for she was not aware of any case filed against her. An administrative tribunal having power to determine the law upon a particular state of facts has the right to and must consider and make proper application of the rules of equity.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer These are matters undoubtedly and clearly within the original jurisdiction of the Secretary of Education. they requested the court for a subpoena duces tecum as regards to the books of herein petitioner. 3. Dispensing powers. which was. Rule 23 of the Rules of Court. When she appeared at the date. Said subpoena was issued upon request by Generosa Sandagan who sought the help of respondent because she could not get a share of the proceeds of the life insurance policy of her dead husband whose beneficiary was Caamic. improper. It was designated for a specific purpose. viz. Enabling powers. Code Universal Rubber Products vs CA 130 SCRA 104 Caamic vs Galaon 237 SCRA 390 Facts : Respondent MTC judge issued a subpoena against Caamic which required her to appear before his sala under the penalty of law. 3.

for it is merely an administrative body. In this sense. In proceeding on this matter. The power to punish for contempt is inherent in all courts. hear and decide any controversy that may be submitted to it in connection with the elections. enforcement division is neither contempt nor a penalized offense. The Power To Punish For Contempt Ruling: Rule 64 applies only to inferior and superior courts and does not comprehend contempt committed against administrative officials or bodies. his property right. and a part of. The trial court denied the same. After appearing and showing cause why they should not be punished for contempt. and. and this rule applies in cases of unfair competition. and to the enforcement of judgments. complainant is entitled to an accounting and recovery of defendant's profits on the goods sold under that mark. on obtaining an injunction for infringement of a trademark. unless said contempt is [clearly considered and expressly defined as contempt of court. as is done in paragraph 2 of Sec.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer against herein petitioner and that such is not applicable in a case for unfair competition. A "subpoena duces tecum" once issued by the court may be quashed upon motion if the issuance therof is unreasonable and oppressive. and defendant's profits are regarded as an equitable measure of the compensation plaintiff should receive for the past harm suffered by him. that the book or document sought to be produced contains evidence relevant and material to the issue before the court. or the relevancy of the books. but also the power to try. Its exercise by administrative bodies has been invariably limited to making effective the power to elicit testimony. Masangcay filed a petition for review with the SC. . we said. Article VIII). it only discharged a ministerial duty. The exercise of this power has always been regarded as a necessary incident and attribute of courts. Such being the case. And the exercise of that power by an administrative body in furtherance of its administrative function has been held invalid. although it cannot be classified as a court of justice within the meaning of the Constitution (Section 30. the COMELEC sentenced Masangcay for imprisonment and imposing a fine. Ruling : The Commission on Elections has not only the duty to enforce and administer all laws relative to the conduct of elections. the Commission. VIII. " it must appear. ". it could not exercise the power to punish for contempt as postulated in the law. for such power is inherently judicial in nature. As a general rule. administration of justice. When the Commission exercises a ministerial function it cannot exercise the power to punish for contempt because such power is inherently judicial in nature. Issue : WON the COMELEC may punish Masangcay for contempt for his acts. and that the precise book. as incident to. In the instant case in determining whether the books subject to the subpoena duces tecum are relevant and reasonable in relation to the complaint of private respondent for unfair competition. Issue : WON the issuance of a subpoena duces tecum is proper in a case for unfair competition. In order to entitle a parry to the issuance of a "subpoena duces tecum. its existence is essential to the preservation of order in judicial proceedings. orders and mandates of courts. Ratio : A case for unfair competition is actually a case for injunction and damages. 580 of the revised administrative code. it did not exercise any judicial function. 51 | P a g e . Masangcay vs COMELEC 6 SCRA 27 Facts : Masangcay was the provincial treasurer of Aklan who was charged with several others for CONTEMPT by the COMELEC when it opened 3 boxes without the presence of the persons and/or parties indicated in its Resolution. By clear and unequivocal proof. consequently. The refusal to comply with order of tenancy law. paper or document containing such evidence has been so designated or described that it may be identified. may however exercise quasijudicial functions insofar as controversies that by express provision of law come under its jurisdiction. . documents or things does not appear. or if the persons in whose behalf the subpoena is issued fails to advance the reasonable cost of production thereof. in the. the infringer or unfair trader is required in equity to account for and yield up his gains on a principle analogous to that which charges as trustee with the profits acquired by the wrongful use of the property of the cestui que trust. In such case.

Pursuant to section 5(b) of the Industrial Peace Act. It may be contended that this gap may be subserved by requiring the Court of Industrial Relations to observe strictly the rules applicable to criminal cases to meet the requirements of the Constitution. The Court of industrial relation ruled in favor of Nina Micaller." It is likewise enjoined that "the Court shall not be bound solely by the evidence presented during the hearing but may avail itself of all other means such as (but not limited to) ocular inspections and questioning of well-informed persons which results must be made a part of the record". in the lesser 52 | P a g e . Definition People vs Mariano 71 SCRA 600 Facts: The Accused was convicted of the crime of abused of chastity. he concluded that the marriage of the accused with the offended party cannot extinguish his liability as perpetrator of the crime of abuse against chastity. This store was owned and operated by Yu Ki Lam. our considered opinion is that the power to impose the penalties provided for in section 25 of Republic Act No. Micaller 99 Phil 762 Facts: Nena Micaller was employed as a salesgirl in the Scoty's Department Store situated at 615 Escolta. the decision of the industrial court in so far as it imposes a fine of P100 upon petitioners is illegal and should be nullified. Power in deportation and citizenship cases Lao Gi v. If the liability for a crime is extinguished in the graver cases. Issue: The question is a purely legal one and sifts down to whether or not section 2 of Act No. The Attorney-General entered an opposition to said petition wherein. Court of Appeals 180 SCRA 756 ADMINISTRATIVE PROCEEDINGS I. Nena Micaller filed charges of unfair labor practice against her above employers alleging that she was dismissed by them because of her membership in the National Labor Union and that. after investigation. said employers had been questioning their employees regarding their membership in said union and had interfered with their right to organize under the law. CAB v. Richard Yang. and not in the Court of Industrial Relations. 1773 of the Philippine Legislature amending said article. such as frustrated or attempted seduction. and for a stronger reason. but this would be tantamount to amending the law which is not within the province of the judicial branch of our Government.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Camelo v. the law provides that "the rules of evidence prevailing in courts of law or equity shall not be controlling and it is the spirit and intention of this Act that the Court (of Industrial Relations) and its members and Hearing Examiners shall use every and all reasonable means to ascertain the facts in each case speedily and objectively and without regard to technicalities of law. prior to her separation. Yu Si Kiao and Helen Yang. This is clear and logical. 1773 includes the crime of abuse against chastity among those cases in which criminal liability is extinguished by the marriage of the accused with the offended party. The employers denied the charge. filed the corresponding information’s against her and the same are now pending trial in court. it must be extinguished. Ruling: The intention of our Legislature in enacting said Act No. They claimed that the complainant was dismissed from the service because of her misconduct and serious disrespect to the management and her co employees so much so that several criminal charges were filed against her with the city fiscal of Manila who. PAL 63 SCRA 524 X. All-this means that an accused may be tried without the right "to meet the witnesses face to face" and may be convicted merely on preponderance of evidence and not beyond reasonable doubt. And this is so because. This is against the due process guaranteed by our Constitution. He filed an appealed contending that he married the victim therefore his criminal liability should be extinguished. abduction or rape. or procedure. abduction and rape and those involving offenses included in said crimes. Power to impose penalties Scoty’s Department Store v. 875. The procedure laid down by law to be observed by the Court of Industrial Relations in dealing with unfair labor practice cases negates those constitutional guarantees to the accused. among other things. Jurisdiction A. notwithstanding the definition of the word "Court" contained in section 2 (a) of said Act. Manila. 1773 was that the marriage of the accused or convict with the offended party should extinguish the criminal liability in the cases of seduction. Ramos 116 Phil 1152 IX. after discussing the scope of article 448 of the Penal Code and Act No. Ruling: In conclusion. Hence. 875 is lodged in ordinary courts. Issue: WON the Court of Industrial Relations has jurisdiction to impose the penalties prescribed in section 25 of Republic Act No.

proclaimed the petitioner as memberelect of the National Assembly for the said district. Assuming that the respondent Secretary has jurisdiction over the election protest. the petitioner. if the crime of abuse against chastity is not denominated rape.** protesting the election of the officers of the FABC and seeking its mullification in view of several flagrant irregularities in the manner it was conducted. that said respondent be declared elected member of the National Assembly for the first district of Tayabas.Leo Sales. the Secretary of Local Government. Issue: WON the said Electoral Commission acted without or in excess of its jurisdiction in assuming to take cognizance of the protest filed against the election 53 | P a g e . 1989 and ordering a new one to be conducted as early as possible to be presided by the Regional Director of Region V of the Department of Local Government.1 Book VII. the marriage of the accused with the offended party in the present case has extinguished his criminal liability. The provincial board of canvassers. petitioner seeks the reversal of the resolutions of respondent for being null and void. the petitioner took his oath of office." There is neither a statutory nor constitutional provision expressly or even by necessary implication conferring upon the Secretary of Local Government the power to assume jurisdiction over an election protect involving officers of the katipunan ng mga barangay. though of different degrees of gravity. In the petition for certiorari before Us. Now then. B. II.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer crimes. Article VIII." It is a well-settled principle of administrative law that unless expressly empowered. We hold that respondent Secretary has no authority to pass upon the validity or regularity of the election of the officers of the katipunan.Fidel Jacob Auditor. both crimes being identical in every other respect. Angara. There is no question that he is vested with the power to promulgate rules and regulations as set forth in Section 222 of the Local Government Code. Procedure to be followed Sections 1 and 2. 1935. Santos. Petitioner filed a motion for reconsideration of the resolution but it was denied by respondent Secretary. Issue: Whether or not the respondent Secretary has jurisdiction to entertain an election protest involving the election of the officers of the Federation of Association of Barangay Councils. Respondent Leandro L Verceles.19 The jurisdiction of administrative authorities is dependent entirely upon the provisions of the statutes reposing power in them. Jose A. Respondent Secretary issued a resolution nullifying the election of the officers of the FABC in Catanduanes held on June 18. plans. 1773 and. or that the election of said position be nullified. 1987 Administrative Code A. policies. Respondent Pedro Ynsua filed before the Electoral Commission a "Motion of Protest" against the election of the herein petitioner. consequently. Construing the constitutional limitation on the power of general supervision of the President over local governments. programs and projects. Extent of jurisdiction of administrative agencies performing quasi-judicial acts Chin vs LBP 201 SCRA 190 Taule vs Santos 200 SCRA 512 Facts: The Federation of Associations of Barangay Councils (FABC) of Catanduanes decided to hold the election of katipunan despite the absence of five (5) of its members. "(3) Promulgate rules and regulations necessary to carry out department objectives. whether or not he committed grave abuse of discretion amounting to lack of jurisdiction in nullifying the election? Ruling: The Secretary of Local Government is not vested with jurisdiction to entertain any protest involving the election of officers of the FABC. It will in effect give him control over local government officials for it will permit him to interfere in a purely democratic and non-partisan activity aimed at strengthening the barangay as the basic component of local governments so that the ultimate goal of fullest autonomy may be achieved. Angara won. the Provincial Treasurer and the Provincial Election Supervisor walked out. To allow respondent Secretary to do so will give him more power than the law or the Constitution grants. We therefore conclude that the crime of abuse against chastity is included in the crime of rape mentioned in section 2 of Act No. it is only for the lack of the intention to lie. functions. Jose A.20 Such jurisdiction is essential to give validity to their determinations.5. Constitution Angara vs Electoral Commission 63 Phil 139 Facts: That in the elections of September 17. Governor of Catanduanes sent a letter to respondent Luis T. The President elect . among other things. administrative agencies are bereft of judicial powers.Ruperto Taule Vice-President. Source of authority to promulgate rules of procedure Section 5.Allan Aquino SecretaryVicente Avila Treasurer. they cannot confer it upon themselves. and praying. for having received the most number of votes.

) It shall not be restricted to the specific relief claimed or demands made by the parties to the industrial or agricultural dispute. The creation of the Electoral Commission carried with it ex necesitate rei the power regulative in character to limit the time within which protests intrusted to its cognizance should be filed. Iligan City for further proceedings. (2) Engineers Estacio and Dulatre and Atty. but may include in the award. Commonwealth Act No. Limitations on the power to promulgate rules of procedure First Lepanto Ceramics vs CA 231 SCRA 30 C. returns and qualifications of members of the National Assembly. and the Act requires it to "act according to justice and equity and substantial merits of the case.) And in the light of this legislative policy. patently and unreasonably interpreted the principle that the NLRC and its Arbitration Branch are not strictly bound by the rules of evidence. (3) the decisions of the arbiters and respondent Commission are based on unsubstantiated and selfserving evidence and were rendered in violation of petitioner's right to due process. be the first to arbitrarily disregard specific provisions of the Rules which are precisely intended to assist the parties in obtaining the just. Held: The labor arbiters and the NLRC must not. order or decision any matter or determination which may be deemed necessary or expedient for the purpose of settling the dispute or of preventing further industrial or agricultural disputes. which declared null and void its decision in Administrative Case No." (Section 20. entirely ignore or disregard the fundamental and essential requirements of due process in trials and investigations of an administrative character. every particular power necessary for the exercise of the one or the performance of the other is also included. ibid. the grant of power to the commission would be ineffective. The express lodging of that power in the Electoral Commission is an implied denial of the exercise of that power by the National Assembly. And this is as effective a restriction upon the legislative power as an express prohibition in the Constitution. is intended to be as complete and unimpaired as if it had remained originally in the legislature. It is a settled rule of construction that where a general power is conferred or duty enjoined. Branch VI. in justiciable cases coming before it. Ibea and instead ordered then Municipal Mayor Braulio 54 | P a g e . expeditious and inexpensive settlement of labor disputes. (Section 13. it was alleged that the the decision is void for the following reasons: (1) there was no valid service of summons. The fact. In brief. returns and qualifications of members of the National Assembly. however. Police Commission vs Lood 127 SCRA 757 Facts: Petitioner Police Commission seeks the setting aside of the decision of the defunct Court of First Instance (respondent court) of Rizal. Issue: WON publics respondents’ claim is tenable. Public respondents in their appeal questioned the validity of the NLRC’s decision on the ground that the NLRC erroneously.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer of the herein petitioner notwithstanding the previous confirmation of such election by resolution of the National Assembly? Ruling: The grant of power to the Electoral Commission to judge all contests relating to the election. that the Court of Industrial Relations may be said to be free from the rigidity of certain procedural requirements does not mean that it can. 48 dismissing private respondent Simplicio C. Abundiente had no authority to appear and represent petitioner at the hearings before the arbiters and on appeal to respondent Commission. The decision of the National Labor Relations Commission. Fifth Division. must be deemed by necessary implication to have been lodged also in the Electoral Commission. If we concede the power claimed in behalf of the National Assembly that said body may regulate the proceedings of the Electoral Commission and cut off the power of the commission to lay down the period within which protests should be filed. 103. is annulled and set aside and the case is remanded to the Regional Arbitration Branch. at the expense of due process. The incidental power to promulgate such rules necessary for the proper exercise of its exclusive power to judge all contests relating to the election. appeals to this Court have been especially regulated by the rules recently promulgated by this Court to carry into effect the avowed legislative purpose. Technical rules not applicable Kanlaon Construction Enterprises vs NLRC 279 SCRA 337 Facts: This is a labor case involving Kanlaon for illegal termination of employment of publics respondents. without regard to technicalities or legal forms and shall not be bound by any technical rules of legal evidence but may inform its mind in such manner as it may deem just and equitable. Ang Tibay vs CIR 69 Phil 635 Ruling: The Court of Industrial Relations is not narrowly constrained by technical rules of procedure. The arbitration’s decision is appealed to the NLRC. B.

Jr. contending that the appellate court erred in setting aside the decision of the SEC which had (a) ordered the replacement of the certificates of stock of Philex and (b) imposed fines on both FIDELITY and CUALOPING. The stockholders who have been deprived of their certificates of stock or the persons to whom the forged certificates have ultimately been transferred by the supposed indorsee thereof are yet to initiate. Ibea was deprived of due process of law because the Police Commission decided Administrative Case No. The proper parties that can bring the controversy and can cause an exercise by the SEC of its original and exclusive jurisdiction would be all or any of those who are adversely affected by the transfer of the pilfered certificates of stock. certificates of registration of corporations. 55 | P a g e . Code Medenilla vs CSC 194 SCRA 278 E. on appeal to the Court of Appeals. Petitioner contends that the lower court erred in holding that respondent Simplicio C. When. is an entirely different matter. Justiciable controversy and forum shopping SEC vs CA 246 SCRA 738 Facts: The petition before this Court relates to the exercise by the SEC of its powers in a case involving a stockbroker (CUALOPING) and a stock transfer agency (FIDELITY). The SEC decision which orders the two stock transfer agencies to "jointly replace the subject shares and for FIDELITY to cause the transfer thereof in the names of the buyers" clearly calls for an exercise of SEC's adjudicative jurisdiction. was in error. the latter set aside the fines imposed by they the SEC. Any peremptory judgment by the SEC. Under its regulatory responsibilities. without such proceedings having initiated. Act No. Rizal to reinstate said respondent to his former position as policeman of the same municipality with back salaries from the date of his suspension up to the date of his actual reinstatement. in turn. Rule 7 1997 Rules of Civil Procedure Santos vs NLRC 254 SCRA 675 Matanguihand vs Tengo. compel legal and regulatory compliances. such as may be warranted. as well as implementing rules and directives of the SEC.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Sto. 48 even without stenographic notes taken of the proceedings of the case. if minded. G. 4864 does not provide that the Board of Investigators shall be a "board of record. provided that the parties are heard and gven the opportunity to adduce their respective evidence. The Commission has brought the case to this Court in the instant petition for review on certiorari. in line with the principle that "administrative rules of procedure should be construed liberally in order to promote their object and to assist the parties in obtaining just." and as such it does not provide for office personnel such as clerks and stenographers who may be employed to take note of the proceedings of the board. A justiciable controversy such as can occasion an exercise of SEC's exclusive jurisdiction would require an assertion of a right by a proper party against another who. Ruling: Respondent court's ruling against petitioner's decision as falling short of the legal requirements of due process. Domingo of San Juan. Int’l Bank vs CA 252 SCRA 259 R. or may suspend or revoke (after due notice and hearing). Section 2. This time." The formalities usually attendant in court hearings need not be present in an administrative investigation. Transport Corp. speedy and inexpensive determination of their respective claims and defenses. The proceeding provided for is merely administrative and summary in character. F. and impose fines or other penalties for violations of the Revised Securities Act. the SEC may pass upon applications for. would be precipitat. vs Bautista 32 SCRA 188 Villanueva vs Adre 172 SCRA 876 Chemphil Export & Import Corp. The question on the legal propriety of the imposition by the SEC of a P50.5 Book VII 1987 Admin Code Santiago. an appropriate adversarial action. the latter.1 Book VII 1987 Admin. contests it. vs Laguesma 227 SCRA 826 Galongco vs CA 283 SCRA 493 Institution of proceedings. acquisition of jurisdiction Section 5. conduct inspections. default Section 10 Book VII 1987 Admin. homeowners' associations. it is the regulatory power of the SEC which is involved. D. in its instant petition. can no longer be deemed just a nominal party but a real party in interest sufficient to pursuant appeals to this Court. Rep. 272 SCRA 704 Pre-trial conference. vs CA 251 SCRA 257 First Phil. and labor unions). because it decided the subject administrative case without stenographic notes (which were not taken by the Board of Investigators) of the proceedings of the case. partnerships and associations (excluding cooperatives.000 fine on each of FIDELITY and CUALOPING. Code Auyong vs CTA 59 SCRA 110 Hearing Secretary of Justice vs Lantion 322 SCRA 160 Section 11. Held: The Securities and Exchange Commission ("SEC") has both regulatory and adjudicative functions.

1. Execution Divinagracia vs CFI 3 SCRA 775 GSIS vs CSC 202 SCRA 799 Vital-Gozon vs CA 212 SCRA 235 III. affecting one’s person or property. not to sacrifice it by paying undue homage to formality. promulgation and notice of decision Section 15 Book VII 1987 Admin Code Robert Dollar Company vs Tuvera 123 SCRA 354 Lindo vs COMELEC 194 SCRA 25 Jamil vs COMELEC 283 SCRA 349 Section 14 Book VII 1987 Admin Code Zoleta vs Drilon 166 SCRA 548 4. which proceeds upon inquiry.2 Book VII 1987 Admin Code 3. Application of the doctrine of res judicata Republic vs Neri 213 SCRA 812 Brillantes v Castro 99 Phil 497 Ipekdjian Merchandising vs CTA.3 Book VII 1987 Admin Code State Prosecutor vs Muro 236 SCRA 505 1. Substantive and procedural due process. which clause optimizes the principle of justice which hears before it condemns which upon inquiry and renders judgment only after trial. Due process of law in administrative adjudication A. requirement to be valid Mison vs COA 187 SCRA 445 Aquino-Sarmiento vs Morato 203 SCRA 515 5. 22 Book VII 1987 Admin Code Mendez vs CSC 204 SCRA 965 PCIB vs CA 229 SCRA 560 Diamonon vs DOLE 327 SCRA 283 De Leon vs Heirs of Gregorio Reyes 155 SCRA 584 Vda de Pineda vs Pena 187 SCRA 22 Reyes vs Zamora 90 SCRA 92 Section 23 Book VII 1987 Admin Code Zambales Chromite Mining Co.13 and 2. liberty and property without due process of law.8. v. Santiago vs Alikpala 25 SCRA 356 Facts: Petitioner Santiago was charged with violation of Arts. Preponderance of evidence New Testament Church of God vs CA 246 SCRA 266 4.12 Book VII 1987 Admin Code 2. Court of Appeals 94 SCRA 261 Ysmael v. Collegiate decision. Decision Section 2. From the proven facts and the admission likewise of the respondents. 14 Book VII 1987 Admin Code Marcelino vs Cruz 121 SCRA 51 Romualdez-Marcos vs COMELEC 248 SCRA 300 1. Proof beyond reasonable doubt People vs Bacalzo 195 SCRA 557 2. It is designed to secure justice as a living reality. Dep Exec Sec 190 SCRA 673 K. P. Finality. 1963 Teodoro vs Carague 206 SCRA 429 J. Substantial evidence Velasquez vs Nery 211 SCRA 28 Malonzo ns COMELEC 269 SCRA 380 I. and renders judgment only after trial  The constitution provides that no person shall be deprived of life. Form of decision Mangca vs COMELEC 112 SCRA 273 Malinao vs Reyes 255 SCRA 616 Sections 2. PROCEDURAL DUE PROCESS  Consists of the 2 basic rights of notice and hearing. Clear and convincing evidence th Black’s Law Dictionary 5 ed. Of War 96 and 97. defined DUE PROCESS contemplates notice and opportunity to be heard before judgment is rendered.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Simpao vs CSC 191 SCRA 396 Alejandro vs CA 191 SCRA 700 H. 18 Section 7 Uy vs COA 328 SCRA 607 Camarines Norte Electric Cooperative vs Torres 286 SCRA 666 6. 21. For substance must prevail over form. Publication of decisions Section 16. as well as the guarantee of being heard by an impartial and competent tribunal  By procedural due process is meant a law which hears before it condemns. 20. 30 Sept. Administrative appeal in contested cases Section 19. the court martial 56 | P a g e . Evidence Section 12. 227 3. Finality of decisions Section 15 Chapter III Book VII Admin Code of 1987 Administrative Order No. He was arraigned though without summons and subpoena afforded to him. L-15430.

through counsel.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer which tried his case was not properly convened. 64). the existence of the court or tribunal clothed with judicial. Note Verbale No. Recently. records. is one of the determinative powers of an administrative body which better enables it to exercise its quasi-judicial authority (Cruz. reports.. 27). and to grant him a reasonable period within which to file his comment with supporting evidence. The writ of certiorari and prohibition should have been granted and the lower court.. There is such a denial not only under the broad standard which delimits the scope and reach of the due process requirement. the rights of notice and hearing are clearly granted to the prospective extraditee. cit. it would follow then that the absence of a competent court or tribunal is most marked and undeniable. United States. The Decree is founded on: the doctrine of incorporation under the Constitution. or quasi-judicial power to hear and determine the matter before it. and (c) rendering an order or decision supported by the facts proved (De Leon. 1). wrote a letter dated July 1.. the action taken against petitioner being induced solely by a desire to avoid the effects of prescription. and that he be given ample time to comment on the request after he shall have received copies of the requested papers. Petitioner refused because it is not included in the procedure of the RP-US Treaty. Such a denial of due process is therefore fatal to its assumed authority to try petitioner. Phil. extradition procedures also manifests this silence. 198. as a court martial. and the need for rules to guide the executive department and the courts in the proper implementation of said treaties.. Secretary of Justice vs Lantion 322 SCRA 160 Facts: President Marcos issued PD No. 1999 addressed to petitioner requesting copies of the official extradition request from the U. the mutual concern for the suppression of crime both in the state where it was 57 | P a g e . testimony of witnesses. Administrative Law. p. or to require disclosure of information by means of accounts. op. as well as all documents and papers submitted therewith. 0522 containing a request for the extradition of private respondent Mark Jimenez to the United States. prior thereto. after the filing of the extradition petition and during the judicial determination of the propriety of extradition.. (b) determining facts based upon the evidence presented. is there really a conflict between the treaty and the due process clause in the Constitution? Held: Petition is DISMISSED for lack of merit. Issue: WON private respondent's entitlement to notice and hearing during the evaluation stage of the proceedings constitute a breach of the legal duties of the Philippine Government under the RP-Extradition Treaty? Assuming the answer is in the affirmative. namely. private respondent. However.The failure to comply with the dictates of the applicable law insofar as convening a valid court martial is concerned. citing Morgan vs. ought not to have dismissed his petition summarily. 304 U. S. This is a requirement that goes back to Banco Español Filipino vs. Palanca.Nor is such a reliance on the broad reach of due process the sole ground on which the lack of jurisdiction of die court-martial convened in this case could be predicated. The Department of Justice received from the Department of Foreign Affairs U. p. Inquisitorial power. Issue: WON failure to comply with law on conveying a valid court martial amount to denial of due process Held: FAILURE TO COMPLY WITH APPLICABLE LAW A DENIAL OF PROCEDURAL DUE PROCESS. The validity of the court martial proceeding was challenged by the petitioner at the regular court on the ground of due process.S. p. amounts to a denial of due process. Government. stress was laid anew by us on the first requirement of procedural due process. p. From the procedures earlier abstracted. In administrative law. There is the express admission in the statement of facts that respondents. the extradition treaty with the Republic of Indonesia and the intention of the Philippines to enter into similar treaties with other interested countries. the law is silent as to these rights. 1996 ed. Reference to the U. This power allows the administrative body to inspect the records and premises. which is also known as examining or investigatory power. 1069 "Prescribing the Procedure for the Extradition of Persons Who Have Committed Crimes in a Foreign Country". 1993 ed. S. Administrative Law: Text and Cases.S. a quasi-judicial proceeding involves: (a) taking and evaluation of evidence. The significance of such an insistence on a faithful compliance with the regular committed and the state where the criminal may have escaped. were not convened to try petitioner but someone else. to repeat. or otherwise (De Leon. production of documents. 26). and investigate the activities. There was no special order published by the headquarters Philippine Constabulary creating or directing the General Court Martial composed of the respondents to arraign and try however was already an existing court trying another case. but also under one of the specific elements of procedural due process. LACK OF AUTHORITY OF COURT-MARTIAL TO TRY PETITIONER. Petitioner is ordered to furnish private respondent copies of the extradition request and its supporting papers. of persons or entities coming under its jurisdiction (Ibid. a decision rendered half a century ago..

Aruego and his law firm were counsel for the University Publishing Company. A verification made at the Securities and Exchange Commission confirmed this fact. which proceeds upon inquiry.. U. which is a useful aid or tool in an administrative agency's performance of its rule-making or quasi-judicial functions. 16 Phil. Issue: WON Aruego is a party to this case Held: "The evidence is patently clear that Jose M. 54 Off. a contest in which each contending party fully and fairly lays before the court the facts in issue and then."2 This triggered a verified petition in the court below on August 10. 4. Villamor. Aruego aforesaid) merely countered plaintiff's petition for execution as against Aruego with an unsworn manifestation in court that "said Jose M. Aruego. INC. 23. appears to have been taken for granted. that he violated its terms.000. 1961. 6. By virtue of this writ. rather. 'Due process of law' contemplates notice and opportunity to be heard before judgment is rendered. On July 31. its bylaws and all other papers material to its disputed corporate existence. Finally. plaintiff's petition should be denied. Cardinal primary requirements of due process The right to a hearing which includes the right to present one’s case and submit evidence The tribunal must consider the evidence presented The decision must have something to support itself The evidence must be substantial The decision must be based on the evidence presented at the hearing The tribunal or body of any judges must act on its own independent consideration of the law and facts of the controversy The board or body should in all controversial questions. 315. therefore.. 3. Instead of informing the lower court that it had in its possession copies of its certificate of registration. 1961. in line with the ends of justice. and renders judgment only after trial. acting as representative of a non-existent principal. by counsel Aruego. Mamaril and Associates (the law firm of Jose M..00 with legal interest from judicial demand. thereby precipitating the suit in question. affecting one's person or property." and. They then discovered that no such entity exists. more deeply schooled and skilled in the subtle art of movement and position. There should he no vested rights in technicalities. Plaintiff was to recover P15. University Publishing Company. Inc. a new problem cropped up.' (Sicat vs. University Publishing Company. and analyzing evidence.S. either as a corporation or partnership. Director of Lands. organizing. Laws uits. Inc. and Justo R. unlike duels. Albert died before the case proceeded to trial. Inc. responsibility under the judgment falls on him. Gaz. as this Court has said.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer The power of investigation consists in gathering. 1961 an order of execution against University Publishing Company. not to sacrifice it by paying undue homage to formality. 1. its article of incorporation. the corporate existence of University Publishing Company. was the real party to the contract sued upon.) And it may not be amiss to mention here also that the 'due process' clause of the Constitution is designed to secure justice as a living reality. Inc. plaintiff's counsel and the Sheriff of the City of Manila went to see Jose M. investigation is indispensable to prosecution. 518. when the Court of First Instance of Manila issued on July 22. 47 Phil. 100 Phil. Aruego as the real defendant in the case. brushing aside as wholly trivial and indecisive all imperfections of form and technicalities of procedure. Aruego who signed the contract with plaintiff on behalf and as President of University Publishing Company. Inc. that he was the one who reaped the benefits resulting from it. 32). [17]4945. his estate's administrator. entraps and destroys the other. asks that justice be done upon the merits. All along. Jose M. It is. . Albert vs CFI of Manila 23 SCRA 948 Facts: Plaintiff Albert sued University Publishing Company. Inc. render its decision in such manner that the parties to the proceeding can know the various issues involves and reason for the decision rendered 58 | P a g e . for breach of contract. Technicality. was substituted. are not to be won by a rapier's thrust. 7. 1961 for the issuance of a writ of execution ordering the Sheriff of Manila to cause the satisfaction of the judgment against the assets and properties of Jose M. From the inception of the suit below up to the time the judgment in L15275 was to be executed. but none the less apt. 581). Inc. so much so that partial payment of the consideration were made by him. B. deserves scant consideration from courts. Perforce. defendant's liability was determined by this Court in L-15275. Reyes. Albert. "By 'due process of law' we mean 'a law which hears before it condemns. . or. 321322: 'A litigation is not a game of technicalities in which one. 2. Notably. when it deserts its proper office as an aid to justice and becomes its great hindrance and chief enemy. It may now be trite. chose to remain silent. For substance must prevail over form. 5.. On August 11. to quote what long ago we said in Alonso vs. Aruego is not a party to this case.. said Commission issued a certification "that the records of this Commission do not show the registration of UNIVERSITY PUBLISHING CO.' (Lopez vs. . and that in the litigation he was the real defendant. 505. and was not then put in issue. However.' (4 Wheaton.

matter controversy or dispute arising between. in all controversial questions. in its absence. investigate. and landlords and tenants or farm-laborers. render its decision in such a manner that the parties to the proceeding can know Lin: various issues involved. as chairman.. Petitioner argued that DECS complied with RA 4670 because all the teachers who were members of the various committee are members of either the QC Teachers Federation or the QC Elementary teachers Federation and are deemed representatives of teacher’s organization. that of having something to support its decision. which includes the right of the party interested or affected to present his own case and submit evidence in support thereof. a representative of the local or. Issue: What are the cardinal primary rights? Held: CARDINAL PRIMARY RIGHTS. must act on its or his own independent consideration of the law and facts of the controversy. on the other hand. It not only exercises judicial or quasi-judicial functions in the determination of disputes between employers and employees but its functions are far more comprehensive and extensive. The Court of Industrial Relations should. and/or affecting. the function of the Court of Industrial Relations. 103 (section 1). the last 2 to be designated by the Director of Public Schools. or at least contained in the record and disclosed to the parties affected. and the reasons for the decisions rendered. but the evidence must be substantial. therefore. The first of these rights is the right to a hearing. Not only must there be some evidence to support a finding or conclusion. subject to. and in accordance with. The Court of Industrial Relations or any of its judges. the teacher’s organization possess the right to indicate its choice of representatives.-There are cardinal primary rights which must be respected even in proceedings of this character. it does imply a necessity which cannot be disregarded. any existing provincial or national teacher’s organization and supervisor of the Division. It was held that the proceedings contravened RA 4670 which required that administrative charges against a teacher shall be heard initially by a committee composed of the corresponding school superintendent of the Division or a duly authorized representative who at least have the rank of a supervisor. where the teachers belong. The teachers appointed by the DECS as members 59 | P a g e . Not only must the party be given an opportunity to present his case and to adduce evidence tending to establish the rights which he asserts but the tribunal must consider the evidence presented. Ang Tibay vs CIR 69 Phil 635 Facts: The respondent National Labor Union. to consider. affirmative and dynamic. as will appear from perusal of its organic law. Inc. is more active. and regulate the relations between them.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 8. The petitioner. namely. acting only when its jurisdiction is invoked and deciding only cases that are presented to it by the parties litigant. The performance of this duty is inseparable from the authority conferred upon it. and not simply accept the views of a subordinate in arriving at a decision. While the duty to deliberate does not impose the obligation to decide right. 103). The Court of Industrial Relations is a special court whose functions are specifically stated in the law of its creation (Commonwealth Act No. It is more an administrative board than a part of the integrated judicial system of the nation. has filed an opposition both to the motion for reconsideration of the respondent Court of Industrial Relations and to the motion for new trial of the respondent National Labor Uuion. Ang Tibay. successor –in-interest in the case of the former DECS Secretary against the public school teachers who were illegally dismissed for staging a mass action and failure to heed to the return-to-work order. The officer or tribunal conducting the investigation must be vested with competent jurisdiction  A violation of any of the cardinal requirements of due process in administrative proceedings renders any judgment or order issued therein null and void and can be attacked in any appropriate proceeding It is not intended to be a mere receptive organ of the Government. Issue: WON there was denial of due process Held: The Court held that there was indeed a denial of due process. filed a petition for the judgment of the trial court holding that said public school teachers were denied of due process in the proceedings. decide. The decision must be rendered on the evidence presented at the hearing. employers and employees or laborers. and settle any question. Such right cannot be usurped by the Secretary of Education or the Director of Public Schools or their underlings. It has jurisdiction over the entire Philippines. the provisions of Commonwealth Act No. Unlike a court of justice which is essentially passive. Mere membership of said teachers in their respective organizations does not ipso facto make them authorized representatives of the organizations. Fabella vs CA 282 SCRA 256 Facts: The petitioner herein. Inc. Under the law. prays for the vacation of the judgment rendered by the majority of this Court and the remanding of the case to the Court of Industrial Relations for a new trial.

thus. the general rule is that prior notice and hearing are necessary only where the law so requires. that in all those hearings petitioner was not notified or give opportunity to adduce evidence in support of its opposition. G. Hence the failure to comply with the requirement vested no jurisdiction to the committee to hear the case. 139(68). only three or four frequencies of the seven proposed new flights. Philippine Movie Pictures Wokers’ Association vs Premiere Productions. and (d) a finding or decision by that tribunal supported by substantial evidence* presented at the hearing. The required process has not been followed. No. The court of quo merely acted on the strength of the ocular inspection it conducted in the premises of the respondent company was incurring financial losses. PAL submitted a so-called consolidated schedule of flights that included the same Mercury night flights and this was allowed by Board Resolution No. Issue: WON PAL violated the requisites of administrative due process Held: YES. The Board. or at least contained in the records or disclosed to the parties affected ADMINISTRATIVE DUE PROCESS C. for a period of 30 days starting 31 July 1968. one of competent jurisdiction. And this administrative due process is recognized to include (a) the right to notice*. Inc. L-5621. Among the government requirements for engaging in this type of business are the export quota allocations issued by the respondent Garments and Textile Export Board. Necessity for notice and hearing Air Manila vs Balatbat 38 SCRA 489 Facts: PAL's proposal to introduce new Mercury night flights had been referred to a hearing examiner for economic justification.R. 190 (68) approving. are hereby referred to a hearing examiner for reception of evidence on its economic justification. the consolidated schedule had to be approved temporarily if the operations of the flights referred to were not to be suspended. not even allegation. The inquiry should therefore be into the enabling statute which clothes an administrative agency or officer with certain duties and responsibilities in the discharge of which some persons may adversely affected. Issue: WON the Court of Industrial Relations authorize the layoff of workers on the basis of an ocular inspections without receiving full evidence to determine the cause or motive of such a lay off Held: No. These export quotas have been granted annually to the Petitioner since 60 | P a g e . passed Resolution No.. considering the report of the hearing examiner. of the institution of the proceedings that may affect a person s legal rights. Mabuhay Textile Mills vs Ongpin 141 SCRA 437 Facts: Petitioner Mabuhay Textile Mills Corporation (Mabubay) is a corporation engaged in the garments and textile import business for the last twenty-seven years. There is no proof. Itchon." It has been correctly said that administrative proceedings are not exempt from the operation of certain basic and fundamental procedural principles. Sometime in 1982. In short. Respondent teachers were denied of due process. It was precisely prescribed that "all schedules under the DTS-35 for which no previous approval has been granted by the Board. be it actual or constructive. 25 March 1953 Facts: The Court of Industrial Relations authorized lay off of workers solely on the basis of an ocular inspection.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer of its investigating committee was ever designated or authorized by a teachers organization as its representatives in said committee. such as the due process requirements in investigations and trials (Asprec vs. the temporary permit was issued to prevent the stoppage or cessation of services in the affected areas. and In administrative cases. introduce witnesses and relevant evidence in his favor: (c) a tribunal so constituted* as to give him reasonable assurance of honesty and impartiality. The allegations cannot be established by a mere inspection of the place of labor specially when conducted at the request of the interested. (b) reasonable opportunity to appear and defend his rights*. 16 SCRA 921). the Board granted export quota allocations for 1983 to the petitioner. The Board's action was impelled by the authorizations of certain flight schedules previously allowed but were incorporated were about to expire.

The formal investigation. p. that the procedure at the hearing be consistent with the essentials of a fair trial.'(Article TV. or property without due process of law. BILL OF RIGHTS. 1975 ed. No. those who are guilty are allowed to escape punishment. as amended by P. OBSERVANCE THEREOF REQUIRED IN SUMMARY DISMISSAL. It is precisely in cases such as this that the utmost care be exercised lest in the drive to clean up the ranks of the police those who are innocent are denied justice or. In summary dismissal proceedings it is mandatory that charges be specified in writing and that the affidavits in support thereof be attached to the complaint because these are the only ways by which evidence against the respondent can be brought to his knowledge.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 1976. refers to the presentation of witnesses by their direct examination and not to the requirement that the respondent be notified of the charges and given the chance to defend himself. The meaning is that every citizen shall hold his life. According to Daniel Webster in the Dartmouth College case.What the summary dismissal board appears to have done in this case was simply to receive the report on two raids allegedly conducted on petitioner's house in the course of which what were believed were gambling paraphernalia were allegedly found and two witnesses allegedly admitted they were collectors of petitioner and his brother Lolito Go. New Constitution). But the report is not in the record of this case which the NAPOLCOM transmitted to the Court. " Privileges that had long been enjoyed transforms and becomes in the character of one’s property. They are automatically renewed every year provided the grantee has utilized its quotas during the previous years. are tangible proofs that he was. 971. p.. Nor does the decision of the summary dismissal board disclose on what the supposed report was based.strong can compensate for the procedural shortcut evident in the record of this case.in said gambling operation. NOT PROPER.' (42 Arm Jur. and immunities under the protection of the general rules which govern society. 451. Issue: WON the revocation of the quota is valid Held: "The summary revocation of the export quotas and export authorizations issued in favor of the petitioner without hearing violates not only the abovementioned provisions of the Raise and Regulations of the respondent board but also the 'due proem of law' clause of the Constitution of the Philippines to the effect that 'no person shall be deprived of life. We conclude that petitioner was denied the due process of law and that not even the fact that the charge against him is serious and evidence of his guilt is in the opinion of his superiors . p.) "Administrative due process requires that there be an impartial tribunal constituted to determine the right involved. cited by Neptali Gonzales. that due notice and opportunity to be heard be given.D. nor shall any person be denied equal protection of the laws.Petitioner's case was decided under P. its major stockholders and officers were also distinguished from engaging in business activities involving garment and textile exports. Furthermore. DUE PROCESS. While Sec. 1. an accessory . 8-A of the Decree authorizes summary dismissals "without the necessity of a formal investigation" of members of the INP "when the charge is serious and the evidence is strong. ADMINISTRATIVE PROCEEDINGS. the petitioner received a letter from the Board informing it that its 1983 export quota allocations were revoked effective February 1983. a law which hears before it condemns. which is dispensed with. 1983. Sec. property. BASIS OF DECISION. The filing of charges and the allowance of reasonable opportunity to respondent to answer the charges constitute the minimum requirements of due process. due proem is the equivalent of the law. 1707. which proceeds upon inquiry and renders judgment only after trial.if not a principal .' (cited in Philippine Constitutional Law. 183. indeed. that no hearing had actually been held by the summary dismissal board: and that at any rate he was not heard. This is in violation of the rule that in administrative proceedings "the 61 | P a g e . Petitioner maintains that he was not served written charges and informed of the nature of such charges. liberty.. No. Go vs NAPOLCOM 271 SCRA 447 Facts: This special civil action of certiorari to set aside the decision of the NAPOLCOM: The fact that the Jai alai bookies were operating in the house being occupied by herein respondent-appellant. SUMMARY DISMISSAL BOARD. Issue: WON the contention of petitioner is with merit Held: YES. the apprehension of his wife and brother in two (2) successive raids effected by law enforcement authority and his intercession for the dismissal of the case filed in consequence thereof. On March 2. through blunder. liberty. and that the proceedings be conducted in such a way that there will be opportunity for a court to determine whether the applicable rules of low and procedure were observed. 168 by Neptali Gonzales. Philippine Constitutional Law).D." the Decree and the implementing rules nonetheless give the respondent the right to be furnished a copy of the complaint and to file an answer within three (3) days.

Director Gozon was appointed Secretary of Agriculture and Natural Resources. Zambales. in violation of due process of law. Commonwealth Act No. when Secretary Gozon reviewed his own decision as Director of Mines.. The decision of the reviewing officer would be a biased view. D. The procedure at the hearing be consistent with the essentials of a fair trial d. he would not admit that he was mistaken in his first view of the case. as if he was adjudicating the case for the first time. 137. Essential elements of due process: a.The Mining Law. Or. Cold neutrality of a judge A reviewing official or body tasked to resolve an appeal must refrain from participating in reviewing any decision rendered or concurred by him in another official capacity. We hold that Secretary Gozon acted with grave abuse of discretion in reviewing his decision as Director of Mines. or the group of Gonzalo P. he acted as trial judge and appellate judge in the same case. Prior notice and hearing. That the decision or order of the Director of Mines may be appealed to the Secretary of Agriculture and Natural Resources within thirty days from the date of its receipt." In all probability. The petitioners appealed from that order to the Secretary of Agriculture and Natural Resources.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer decision must be rendered on the evidence contained in the record and disclosed to the party affected. 61. Conflicts and disputes arising out of mining locations shall be submitted to the Director of Mines for decision: "Provided. essential elements of procedural due process In administrative cases. The proceedings may be conducted in such a way that there will be opportunity for the court to determine whether the applicable rules of law and procedure e. 1960 wherein he dismissed the case filed by the petitioners or protestants (Zambales Chromite Mining Co. Thus. Due notice and opportunity to be heard be given c. said report was not in writing and the supposed testimonies of the two witnesses were not taken down. otherwise there would be no different views or there could be no real review of the case. the general rule is that prior notice and hearing are necessary only where the law so requires. An impartial tribunal b. Inc. Instead of inhibiting himself. This is evident from the decision of the board which refers to the result of an -investigation.. That the decision or ruling be supported by substantial evidence 62 | P a g e . inevitably. he decided the appeal. Issue: WON Petitioners-appellant were deprived of due process when Gozon reviewed his own decision Held: Petitioners-appellants were deprived of due process. Secretary Gozon exercised appellate jurisdiction over a case which he had decided as Director of Mines. it would be the same view since being human. The inquiry should therefore be into the enabling statute which clothes an administrative agency or officer with certain duties and responsibilities in the discharge of which some persons may adversely affected. While the appeal was pending. there could be no different view or there would be no real review of the case. is a mockery of administrative justice. to use another analogy. meaning fundamental fairness. The reviewing officer must be other than the officer whose decision is under review. otherwise. provides: "SEC. vs CA 94 SCRA 261 Facts: Director Gozon issued an order dated October 5. they sought to be declared the rightful and prior locators and possessors of sixty-nine mining claims located in Santa Cruz. He acted as reviewing authority in the appeal from his own decision. On the basis of petitioners' evidence. Director Gozon found that the petitioners did not discover any mineral nor staked and located mining claims in accordance with law. In order that the review of the decision of a subordinate officer might not turn out to be a farce. The palpably flagrant anomaly of a Secretary of Agriculture and Natural Resources reviewing his own decision as Director of Mines E. Nava). the reviewing officer must perforce be other than the officer whose decision is under review. In that case. Zamboanga Chromite Mining Co.The facts found by the board were not the result of any investigation conducted by it but by some other group.

The term of the agreement was for five years and "shall thereafter continue in force until terminated by either party giving the other 24 calendar months previous notice in writing. for conducting that inquiry in the most informal manner by means only of communication requiring submission of certain documents. “ Since she had already sent the required locational clearance. which left the impression that compliance was all that was expected of her and with which directives she promptly and religiously complied. PLDTCO sent RCA a notice of termination of its arrangements with the latter. through the Radio Control Board. a writ of execution in implementation of the order. 22. A tribunal vested with competent jurisdiction… d. to deprive one party of rights confirmed and secured thereby and to accord her adversary. Noteworthy are the following: neither Veneracion nor the Commision. There was absolutely no excuse for initiating what is held out as an administrative proceeding against Villa without informing her of the complaint which initiated the case. copies mail.” Subsequently. wherein both companies agreed to establish telephone services between the Philippines and the United States. Then Villa received a “show cause” Order. by resorting to the prescribed practice of forum-shopping. the orders of the Commission made no reference whatever to the documents Villa had already sent by registered mail. The result has been to subvert and put to naught the judgment rendered in a suit regularly tried and decided by a court of justice. A finding by said tribunal which is supported by substantial evidence Held: Yes. Bulacan. instead of appealing the judgment. An appeal to the office of the Presidential Assistant for Legal Affairs. who threw out petitioner’s appeals with no reference that would have been decisive. The court finds no merit in the proposition that relief is foreclosed to Villa because her motion for reconsideration of Nov. Veneracion. A motion for reconsideration to which she attached copies of the Commission Proper was also denied on account of the finality of the Order. PLDTCO on the same date entered into another agreement with RCA whereby the latter constituted itself a carrier of PLDTCO's telephone messages to and from the United States. 1958. requiring her to show cause why a fine should not be imposed on her or a ceaseand desist order issued against her for her failure to show proof of locational clearance. and later.000 and requiring her to cease operations. filed an application with the Secretary of Public Works and Communications. and three months later. she received an Order imposing on her a fine of P10. Following adverse judgment to the court in his suit to enjoin the construction of the funeral parlor. As it lacked the necessary equipment and facilities. an informality for which Com. A real opportunity to be heard… c. militates against imposing strict observance of the limiting periods applicable to proceedings otherwise properly initiated and regularly conducted. These facts present a picture of official incompetence or gross negligence and abdication of duty. and so was the motion for reconsideration. Villa vs Lazaro 189 SCRA 34 Facts: Anita Villa was granted a building permit issued by the City Engineer to contrcust a funeral parlor. 1956. The very informal character of the so-called administrative proceedings. if not active bias and partiality that is most reprehensible. the same to be effective not later than February 2. Dizon himself was responsible and which he never sought to rectify.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer In administrative proceedings. for authority to construct and operate a radio-telephonic station of its own at Marilao. lodged a complaint with the HSCR on substantially the same ground litigated in the action – relative parlors’ distance from hospitals whether public or private. due process has been recognized to include the following a. 1982 was filed out of time. Villa received a telegram from the HSRC through Commissioner Dizon requesting “transmittal of proof of location clearance granted by this Office. 63 | P a g e . and the resolutions of the Presidential Assistant Lazaro likewise omitted to refer to the telegrams and documents sent by Veneracion Issue: WON Villa was denied due process against which the defense of failure of Villa to take timely appeal will not avail." On January 3. The right to actual or constructive notice… b. ever made known the complaint of Veneracion to Villa until much later. In spite of her communication that she had already mailed all required documents. RCA Communications vs PLDT 110 Phil 420 Facts PLDTCO entered into an agreement with the American Telephone and Telegraph Company. Villa received from Dizon an “Order to Present Proof of Locational Clearance. and for the assignment to It of appropriate radio frequencies. The mischief done by the commissioner Dizon’s baffling failure even to acknowledge the existence of the documents furnished by petitioner was perpetuated by the “Commissioner proper” and respondent Lazaro. after the Commission has rendered several adverse rulings against her. the relief he had sought and had been denied in said case.” Villa sent a reply telegram reading: “Locational Clearance based on certification of City Planning and Development Coordinator and Human Settlement Officer. Villa made no response.

00) or a total price of Fifty-Five Thousand Pesos (P55. information was filed against him and two others for alleged overpricing of 100 reams of onion skin paper in violation of the Anti-Graft and Corrupt Practices Act (Republic Act No. in the same way that upon a finding that there is probable cause to believe that a crime has been committed and that the accused is probably guilty thereof. RCA must be considered to have waived its right thereto. 1993.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Petitioner was arraigned on January 5. shall be suspended from office. 1993. or operation of a radio station (paragraph k)." Bolastig vs Sandiganbayan 235 SCRA 103 Facts: Petitioner Antonio M. no. which contract was manifestly and grossly disadvantageous to the government as the prevailing unit price for said item was only Fifty-Five Pews (P55. Special Prosecution Officer III Wilfredo Orencia moved for petitioner's suspension. At any rate. paragraphs d and 1. A cursory reading of the Radio Control Law (Act No. Held: No. establishment. F. Bolastig is governor of Samar. whereupon he entered a plea of "not guilty.000. 3019 makes it mandatory for the Sandiganbayan to suspend any public officer against whom a valid information charging violation of that law. Issue: Whether or not RCA was denied of hearing and opportunity present case. The presumption is that unIess the accused is suspended he may frustrate his prosecution or commit further acts of malfeasance or do both. when "the suspension order x x x prevent(s) the accused from using his office to influence potential witnesses or tamper with records which may be vital in the prosecution of the case against him. Title 7 of the Revised Penal Code. is pending in court. 3019 which provides in part: Sec. 13. that in administrative proceedings. when dispensed with 64 | P a g e . The complaint alleged that the approval by the Secretary of Public Works and Communications of the construction permit in favor of PLDTCO without previous hearing and opportunity to plaintiff RCA to present evidence in support of its opposition was without due process of law." Corollarily. namely: one hundred (100) reams of Onion Skin size 11" x 17" at a unit prim of Five Hundred Fifty pesos (P550.00). 13 of Republic Act No.-Any incumbent public officer against whom any criminal prosecution under a valid information under this Act or under Title 7.00) CONTRARY TO LAW. unlike in other proceedings or instances specified in section 3. That he and others wilfully and unlawfully enter into a purchase contract with REYNALDO ESPARAGUERRA. hearing is required in the consideration by the Secretary of Public Works and Communications of any application for the installation. when the legislative purpose is not achieved. The law does not require the court to determine whether the accused is likely to escape or evade the jurisdiction of the court. It is now settled that sec. as amended) shows that.500. Book II. 3846.00) or a total price of Five Thousand Five Hundred Pews (P5. thereby causing undue injury to the government in the total amount of FortyNineThousand Five Hundred Pesos (P49. even assuming that a hearing is required. of the said law." On January 25. RCA filed a petition for prohibition) with the Court of First Instance of Manila to prevent the Secretary of Public Works and Communications and the Radio Control Board from proceeding further on PLDTCO's pending application. or any offense involving fraud upon government or public funds or property is filed. its counsel having addressed a letter to the Radio Control Board saying that "little would be gained by arguing the matter both before yourselves and before the Public Service Commission. 3019). the law requires the judge to issue a warrant fur the arrest of the accused. Section 11 Book VII 1987 Admin Code Held: Yes. Book 11 of the Revised Penal Code or for any offense involving fraud upon government or public funds or property. Notice and hearing. for the purchase of certain office supplies.5 The court trying a case has neither discretion nor duty to determine whether preventive suspension is required to prevent the accused from using his office to intimidate witnesses or frustrate his prosecution or continue committing malfeasance in office. a private citizen. citing see. whether as a simple or as a complex offense and in whatever stage of execution and mode of participation. that is. 13 of Republic Act No.00). Petitioner opposed the motion alleging that preventive suspension should therefore be ordered only when the legislative purpose is achieved. preventive suspension is improper and should not be decreed Issue: Whether or not preventive suspension was proper. hearing is only necessary in those cases where the statute so requires. Suspension and loss of benefits.500.

Where there is tentativeness of administrative action. Monetary Board' s resolution to stop operation and proceed to liquidation be first Facts The Philippine Ports Authority (Port of Zamboanga) issued to Tan Gin San. The permittee was using the Quonset (hut) for the storage of copra. the demolition having been a fait accompli prior to hearing and the authority to demolish without a judicial order being a prejudicial issue. TSB filed a complaint with the Regional Trial Court of Quezon City against Central Bank and Ramon V. Plainly. The fact that petitioner filed a suit for prohibition and was subsequently heard thereon will not cure the defect. Inc. Ruling: No. citing Zoning Ordinance No. They further admit that said resolution can be the subject of judicial review and may be set aside should it be found that the same was issued with arbitrariness and in bad faith. It is enough that a subsequent judicial review be provided. and. it is unmistakable that the assailed actions should precede the filing of the case. transcended their authority in abating summarily petitioner's quonset building. with prayer for injunction. Tiaoqui as receiver. It follows then that respondent public officials of the Municipality of Isabela. Respondent Mayor. Sec. challenging in the process the constitutionality of Sec. Basilan. the preventive suspension of public servant facing administrative charges. Petitioner was in lawful possession of the lot and quonset building by virtue of a permit from the Philippine Ports Authority (Port of Zamboanga) when demolition was effected.O. order the demolition of petitioner's Quonset building. 596. through respondent Municipal Action Officer. 269. Where there is an urgent need for immediate action. There was no compelling necessity for precipitate action." as amended. noting its antiquated and dilapidated structure. In the early case of Rural Bank of Lucena. The trial court granted the relief sought and denied the application of TSB for injunction. stressing the "clean-up campaign on illegal squatters and unsanitary surroundings along Strong Boulevard. 289) provides for the filing of a case within ten (10) days after the receiver takes charge of the assets of the bank. without first hearing the side of the bank. 29 nor does the constitutional requirement of due process demand that the correctness of the. the legislature could not have intended to authorize "no prior notice and hearing" in the closure of the bank and at the same time allow a suit to annul it on the basis of absence thereof. 29 does not contemplate prior notice and hearing before a bank may be directed to stop operations and placed under receivership. to expire on 31 December 1989. surviving spouse of Gregoria Francisco. much less found guilty thereof. 147 of the municipality. as amended by E. v Arca [1965]. 596 ordering the closure of Triumph Savings Bank (TSB). notified Tan Gin San by mail to remove or relocate its quonset building. It was not squatting on public land. placing it under receivership. insofar as it authorizes the Central Bank to take over a banking institution even if it is not charged with violation of any few or regulation. When par. Estate of Gregoria Francisco vs CA 199 SCRA 595 Central Bank vs CA 220 SCRA 536 Facts: Monetary Board (MB)issued Resolution No. where the respondent is not precluded from enjoying the right to notice and hearing at a later time without prejudice to the person affected. otherwise known as 'The Central Bank Act. 29 of R. Held: Ruling: No. 4 (now par. Its property was not of trifling value. 5. Issue: Whether or not Respondent Mayor could summarily. a permit to occupy the lot where the building stands for a period of one (1) year. forbidding it from doing business in the Philippines.A. adjudged before making the resolution effective. Since the notifications remained unheeded by petitioner.17 It was held that a hearing is nowhere required in Sec. Triumph Savings under the receivership of the officials of the Central Bank was done without prior hearing. Issue: Whether or not summary closure was "arbitrary and in bad faith" and a denial of "due process. like the summary abatement of a nuisance per se. without judicial process. They had deprived petitioner of its property without due process of law.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 1. that is. Tiaoqui to annul MB Resolution No. as opined by the Court of Appeals. and appointing Ramon V. Thereafter. Sitchon vs Aquino 98 Phil 458 2. Respondent Mayor ordered the demolition. such as the summary distraint and levy of the 65 | P a g e . It was entitled to an impartial hearing before a tribunal authorized to decide whether the quonset building did constitute a nuisance in law.

gross neglect of duty and maliciously refraining from prosecuting crime was filed against her and the Provincial Prosecutor and a charge for indirect contempt was brought against them. the charges are established and the person investigated is found guilty of acts warranting his removal. license. Suspension is a preliminary step in an administrative investigation. Where the twin rights have previously been offered but the right to exercise them had not been claimed. The office of the Ombudsman has the power to "investigate and prosecute on its own or on complaint by any person. unjust. As held in Nera v. when such act or omission appears to be illegal. or arise from. but only as a preventive measure. when committed by a public official like a municipal mayor. both in the Office of the Ombudsman and were placed under preventive suspension. 2. Because she and the Provincial Prosecutor refused. No. This is the penalty. nothing improper in suspending an officer pending his investigation and before the opportunity to prove his innocence. Prior notice and hearing is not required in the exercise of police power Prior notice and hearing is not required in granting provisional reliefs Asprec vs Itchon 16 SCRA 921 Facts: Respondent Jacinto Hernandez lodged with the Board of Examiners for Surveyors administrative complaint2 for unprofessional conduct against petitioner Cleto Asprec. order. compliance with the requirement of prior notice and hearing depends upon the nature of the power to be exercised or the end to be achieved. Hence.  Where the law is silent on prior notice and hearing as a requirement before an agency action. In connection with the suspension of petitioner before he could file his answer to the administrative complaint. the performance of his official duty 15 It is enough that the act or omission was committed by a public official. Ragay. 2. suffice it to say that the suspension was not a punishment or penalty for the acts of dishonesty and misconduct in office. Issue: Whether or not petitioner was denied his right to present his case. therefore. Garcia:  66 | P a g e . He requested Asprec to undertake survey on his lot in Port Junction. sanction. There is. then he is removed or dismissed. Yes. Lastimosa vs Vasquez 243 SCRA 497 Facts: Petitioner Gloria G. Whether the Office of the Ombudsman has the power to call on the Provincial Prosecutor to assist it in the prosecution of the case for attempted rape against Mayor Ilustrisimo. to file a criminal charge of attempted rape to the Municipal Mayor of Santa Fe. or at any rate failed. can be done. It appears that petitioner conducted a preliminary investigation on the basis of which she found that only acts of lasciviousness had been committed. Lastimosa is First Assistant Provincial Prosecutor of Cebu. Camarines Sur. 1959 revoked.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer property of a delinquent taxpayer and the replacement of a temporary appointee. and required surrender of. Asprec's certificate of registration as a private land surveyor. insubordination." 14 This power has been held to include the investigation and prosecution of any crime committed by a public official regardless of whether the acts or omissions complained of are related to. Prior notice and hearing is a not required. A complaint was but was absent in the hearing. which refers to the whole or part of every agency rule. Rogelio Ilustrisimo as ordered by the Ombudsman. That no survey was conducted and that it was a mere copy of one Damian Alham. Issues: 1. the crime of rape. If after such investigation. improper or inefficient. or connected with. Whether or not the preventive suspension is invalid as it denied them opportunity to refute the charges against them  Ruling: 1. is within the power of the Ombudsman to investigate and prosecute. The Board's unanimous decision of October 27. 3. relief or its equivalent or denial thereof. such suspension not being a penalty but only a preliminary step in an administrative investigation. an administrative complaint for grave misconduct. office or agency. that Asprec was guilty of deceit and thus violated the Code of Ethics for surveyors. any act or omission of any public officer or employee.

Inc. Respondent then expressed the view that there was no necessity of serving copy of said letter to petitioner. 316. petitioner has had more than ample opportunity to defend himself before the Board. Really. 3043 that reduction of its rates to the extent of its excess revenue be put into effect immediately.. on the other hand. Whether notice and a hearing is proceedings before a public service commission are necessary depends chiefly upon statutory or constitutional provisions applicable to such proceedings. He cannot raise his voice in protest against the act of the Board in proceeding in his and his counsel's absence. petitioner had been denied due process. ON DUE PROCESS). of which he was previously notified. Presence of a party at a trial. prerequisite to action by the commission. Banco Filipino vs Central Bank 204 SCRA 767 G.6 Petitioner insists that the proceeding before the Board are quasi-criminal in nature. charging the following: The sale of 2. is not always of the essence of due process. null and void. It is best answered by a reference to the opinion of the court below. Ilocos. 67 | P a g e . all that the law requires to satisfy adherence to this constitutional precept is that the parties be given notice of the trial. where the respondent in a petition for contempt failed to appear on the date set for the hearing. he cannot look to the law or to a judicial tribunal to whipsaw the Board into giving him a new one. determinative and judicial or quasi-judicial (IN ALL INSTANCES. is hereby ordered to reduce the present meter rates for its electric service effective upon the billing for the month of June. accordingly. More than this. it was held that he was not deprived of his day in court when the judge ordered him arrested unless he pay the support he was adjudged to give. having been issued without previous notice and hearing. And this because without cause or reason. petitioner concedes. Issue: WON the twin notice of hearing is required in rate fixing? Rulig: The hold that the determination of the issue involved in the order complained of partakes of the nature of a quasi-judicial function and that. or are. maintain and operate an electric light heat and/or power plant for the purpose of generating and distributing light. thus The rule applies even to quasi-criminal or criminal proceedings. 1962. that is. without any excuse at all. that such order had been issued without notice and hearing. and. upon the ground that.. Inc. an opportunity to be heard. for sale within the limits of several Municipalities of the province of Ilocos Sur. a public utility must be afforded some opportunity to be heard as to the propriety and reasonableness of rates fixed for its services by a public service commission Vigan Electric Light vs PSC 10 SCRA 46 Facts: Republic Act No. 1962 Petitioner herein instituted the present action for certiorari to annul said order of May 17. heat and/or power. Petitioner had notice of the trial of May 11th.. because respondent was merely holding informal conferences to ascertain whether petitioner would consent to the reduction of its rates. a franchise to construct. and upon the nature and object of such proceedings. whether the proceedings. legislative and rule-making in character (SUBJECT TO STATUTORY REQUIREMENTS. he having been given an opportunity to be heard Petitioner received a letter of respondent informing the former of an alleged letterpetition of "Congressman Floro Crisologo and 107 alleged residents of Vigan. that date of trial (May 11) had been previously agreed upon by the parties and their counsel. So. latter had not furnished the former a "copy of the alleged letter-petition of Congressman Crisologo and others. As he and counsel did not appear at the last and stipulated date of bearing. He has forfeited his right to be heard in his defense. hence. Sur". as anomalous and illegal and also report that the electric meters in Vigan used by the consumers had been installed in bad faith and they register excessive rates much more than the actual consumption. From this he proceeds to draw the conclusion that no valid trial could proceed even if he absented himself therefrom. granted petitioner Vigan Electric Light Company.. which make notice and hearing. Petitioner cannot now charge that he received less-than-a-fairtreatment. That petitioner had not even been served a copy of the auditor's report upon which the order complained of is based. said order is clearly violative of the due process clause. Inc. and that.000 ELECTRIC METERS in blackmarket by the Vigan Electric Light Company to Avegon Co. counsel and client have chosen to shy away from the trial. is making a net operating profit in excess of the allowable return of 12% on its invested capital. Notice and hearing in rate-fixing As a general rule. We do not see eye to eye with this view. The finding that the Vigan Electric Light Co.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Ruling: No. we believe that it is in the public interest and in consonance with Section 3 of Republic Act No. are on the one hand. Vigan Electric Light Co.

and the backwages from the period he was dismissed from service up to the time of his death on May 19. finding Lumiqued liable for all the charges against him. i. where the decision against him has nothing to support itself. The investigating committee recommended Lumiqued's dismissal or removal from office. payable to his heirs. Right to counsel. 1992. and manpower management. No. Lumiqued allegedly committed at least 93 counts of falsification by padding gasoline receipts. In view of Lumiqued's death on May 19. one of the cardinal requirements of due process being that the decision or ruling of an administrative body must be supported by substantial evidence. The Commission disapproved the appointment of the petitioner reversing the ruling of task force. without prejudice to the filing of the appropriate criminal charges against him. Lumiqued vs Exevea 282 SCRA 125 Facts: Arsenio P. affecting the rights and property of private or specific persons. Medenilla vs CSC 194 SCRA 278 Facts: Petitioner Medenilla is a contractual employee of DPWH as Public Officer II. On Jan. 52 issued by President Ramos. absolute absence and lack of opportunity to be heard. 1989. without such representation. petitioner was appointed to the contested position of Supervising Human Resource Development Officer. What the law prohibits is not the absence of previous notice but the 68 | P a g e . and the orders of Secretary Quisumbingit prays for the "payment of retirement benefits and other benefits accorded to deceased Arsenio Lumiqued by law. 1993. 1994. A. Memorandum of then Justice Secretary Drilon. she was detailed as Technical Assistant in the office of the assistant secretary for the admin. Lumiqued was the Regional Director of the Department of Agrarian Reform .1 charged Lumiqued with malversation through falsification of official documents. Petitioner filed a ‘motion for reconsideration” before the CSC but to no avail. 2.Cordillera Autonomous Region (DAR-CAR) until President Fidel V. Petitioner was not notified of the appeal before the Commission. 1994. The essence of due process is the opportunity to be heard. not a due process requirement There is nothing in the Constitution that says that a party in a noncriminal proceeding is entitled to be represented by counsel and that. Later on. he shall not be bound by such proceedings H.O. However such opportunity is nothing and he is still denied due process. his heirs instituted this petition for certiorari and mandamus. Any defect may be cured by the filing of motion of reconsideration. Respondents {being the next-in-rank-employees} jointly lodged a protest before the DPWH task force re-organization contesting the appointment of petitioner. 52 dated May 12. the investigating committee rendered a report dated July 31. hence . the October 22. 1992. As a general rule. The task force dismissed the protest of the respondents thereby appealing before the Civil Service Commission. From May to September 1989. a public utility must be afforded some opportunity to be heard as to the propriety and reasonableness of rates fixed for its services by a public service commission. 1989. The CSC is limited only to determine whether the appointee possesses the appropriate civil service eligibility and not whether another is more qualified than the petitioner. the petition then was filed before the Supreme Court. Following the conclusion of the hearings. questioning such order. This instant petition for certiorari and mandamus praying for the reversal of the Report and Recommendation of the Investigating Committee. Issue: WON CSC is correct in disapproving the appointment of petitioner and that WON the petitioner was denied of due process of law in the absence of notice? Ruling: The Supreme Court ruled that CSC is incorrect in disapproving the appointment of petitioner. Motion for reconsideration as a cure The rule that the filling of a MR of the decision /ruling against a party cures the defect in the lack of prior notice and hearing as to preclude the party from claiming denial of due process assumes that the other requirements of due process have been complied with. The first affidavit-complaint dated November 16. Ramos dismissed him from that position pursuant to Administrative Order No.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer DUE PROCESS IS REQUIRED). The dismissal was the aftermath of three complaints filed by DAR-CAR Regional Cashier and private respondent Jeannette Obar-Zamudio with the Board of Discipline of the DAR.

experience. they prayed that the Billing Circular be declared null and void ab initio. the fact remains that under existing laws.R. The issuance by the NTC of Memorandum Circular No. and that the requirements of identification of prepaid card buyers and call balance announcement are unreasonable. The hearing conducted by the investigating committee was not part of a criminal prosecution. a respondent (such as Lumiqued) has the option of engaging the services of counsel or not. Issue :WON the RTC has jurisdiction of the case Held: Petitions are granted. after finding Lumiqued administratively liable. Indeed. including the 25 regional trial courts. it hinted at the filing of a criminal case for malversation through falsification of public documents in its report and recommendation. Smart Communications vs NTC G. Santiago. treaty. What is assailed is the validity or constitutionality of a rule or regulation issued by the administrative agency in the performance of its quasilegislative function. 3. 69 | P a g e . 13-6-2000 (the Billing Circular). a party in an administrative inquiry may or may not be assisted by counsel. 184 SCRA 426 2. the Constitution vests the power of judicial review or the power to declare a law. or regulation in the courts.28 In an administrative proceeding such as the one that transpired below. The determination of whether a specific rule or set of rules issued by an administrative agency contravenes the law or the constitution is within the jurisdiction of the regular courts. Commissioner Joseph A. As such. Umali and Deputy Commissioner Nestor C. 151908 12 August 2003 Facts: Petitioners Isla Communications Co. The court will not determine a controversy: 1. the regular courts have jurisdiction to pass upon the same. Doctrine of Primary Jurisdiction A. Industrial Enterprises vs CA. which is within its jurisdiction.. which includes the authority of the courts to determine in an appropriate action the validity of the acts 26 of the political departments. petitioners were justified in invoking the judicial power of the Regional Trial Court to assail the constitutionality and validity of the said issuances. Excerpts from the transcript of stenographic notes of hearings attended by Lumigued clearly show that he was confident of his capacity and so opted he represent himself. Dacanay. This is within the scope of judicial power. that the Billing Circular is oppressive. and services of the administrative tribunal Where the question requires determination of technical and intricate issues of fact Where uniformity of ruling is essential to comply with the purposes of the regulatory statute administered. Deputy Commissioner Aurelio M. an action for declaration of nullity of NTC Memorandum Circular No. This was even made more pronounced when. order. ordinance. No. and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer ISSUE: WON the due process clause encompass the right to be assisted by counsel during an administrative inquiry? RULING: While investigations conducted by an administrative body may at times be akin to a criminal proceeding. confiscatory and violative of the constitutional prohibition against deprivation of property without due process of law. IV. even though the matter is properly presented to the court. presidential decree. Hence. that the Circular will result in the impairment of the viability of the prepaid cellular service by unduly prolonging the validity and expiration of the prepaid SIM and call cards. Inc. Definition and objective The doctrine of primary jurisdiction requires that a plaintiff should first seek relief in an administrative proceeding before he seeks a remedy in court. irrespective of the nature of the charges and of the respondent's capacity to represent himself and no duty rests in such a body to furnish the person being investigated with counsel. 2000 was pursuant to its quasilegislative or rule-making power. instruction. and Pilipino Telephone Corporation filed against the National Telecommunications Commission. 13-6-2000 and its Memorandum dated October 6. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. Petitioners allege that the NTC has no jurisdiction to regulate the sale of consumer goods such as the prepaid call cards since such jurisdiction belongs to the Department of Trade and Industry under the Consumer Act of the Philippines. international or executive agreement. Where the question demands administrative determination requiring special knowledge.

Villaflor claimed having discovered that after the execution of the lease agreement. However. have been placed within the special competence of an administrative body. Carmen. that Nasipit Lumber 'in bad faith surreptitiously grabbed and occupied a big portion of plaintiff's property. courts cannot and will not resolve a controversy involving a question which is within the Jurisdiction of an administrative tribunal. Machete et al. 70 | P a g e . the subject matter of the complaint fell squarely within the jurisdiction of the Department of Agrarian Reform (DAR) in the exercise of its quasi-judicial powers under the Revised Rules of the Department of Agrarian Reform Adjudication Board (DARAB). were to pay private respondent a certain amount or percentage of their harvests. in favor of Nasipit Lumber. Villaflor filed with the Bureau of Lands. Villaflor executed a document. The rationale underlying the doctrine of primary jurisdiction finds application in this case..00 as provided in the Deed of Relinquishment of Rights.000. it behooves the courts to stand aside even when they apparently have statutory power to proceed. Inc. a parcel of land. judicial intervention is withheld until the administrative process has run its course. Inc. Inc. Distinguished from the doctrine of exhaustion of administrative remedies DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES applies where a claim is cognizable in the first instance by an administrative agency.000. hence. affirming the dismissal by the trial court of Petitioner Vicente Villaflor complaint against Private Respondent Nasipit Lumber Co. Because these issues preclude prior judicial determination. since the questions on the identity of the land in dispute and the factual qualification of private respondent as an awardee of a sales application require a technical determination by the Bureau of Lands as the administrative agency with the expertise to determine such matters. in such a case the judicial process is suspended pending referral of such issues to the administrative body for its views Felizardo vs CA 233 SCRA 220 C. moved to dismiss the complaint on the ground of lack of jurisdiction of the trial court over the subject matter. The Director of Lands issued an 'Order of Award in favor of Nasipit Lumber Company. They contended that the case arose out of or was connected with agrarian relations. The complaint alleged that the parties entered into a leasehold agreement with respect to Villanon’s landholdings at Poblacion Norte. Private respondent thus prayed that petitioners be ordered to pay him back rentals and damages. failed to pay their respective rentals. in recognition of the primary Jurisdiction of the administrative agency. claiming that the company has not paid him P5. and comes into play whenever enforcement of claim requires the resolution of issues which.00 in the Deed xxx and the consideration in the Agreement to Sell were duly proven. especially where the question demands the exercise of sound administrative discretion requiring the special knowledge. and ordered the dismissal of Villaflor's protest and gave due course to the Sales Application of Nasipit Lumber. Machete et al.. Bohol. despite repeated demands and with no valid reason. experience and services of the administrative tribunal to determine technical and intricate matters of fact. denominated as a 'Deed of Relinquishment of Rights. Machete vs CA 250 SCRA 176 Facts: Celestino Villalon filed a complaint for collection of back rentals and damages before the Regional Trial Court of Tagbilaran City against petitioners Lope Machete and 11 others. he protested the Sales Application of Nasipit Lumber. under which Machete et al. PRIMARY JURISDICTION applies where a claim is originally cognizable in the courts.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer B. Effect of doctrine Villaflor vs CA 280 SCRA 327 FACT: This is petition for review on certiorari seeking the reversal of the Decision1 of the Court of Appeals. Villaflor in a Lease Agreement leased to Nasipit Lumber Co. The Director of Lands found that the payment of the amount of P5. ISSUE: WON the director of land has primary jurisdiction over the case? RULING: Primary Jurisdiction of the Director of Lands and Finality of Factual Findings of the Court of Appeals Underlying the rulings of the trial and appellate courts is the doctrine of primary Jurisdiction. under a regulatory scheme.

3844. the dispute is agrarian in nature. Issue: WON the CA’s decision is correct. this case. The failure of petitioners to pay back rentals pursuant to the leasehold contract with private respondent is an issue which is clearly beyond the legal competence of the trial court to resolve. par. and services of the administrative tribunal to determine technical and intricate matters of fact. hence. Court o Appeals. Ruling : PTFI's correspondence with the Bureau of Customs contesting the legality of match importations may already take the nature of an administrative proceeding the pendency of which would preclude the court from interfering with it under the doctrine of primary jurisdiction. experience.A. (PTFI). (1). is a Philippine corporation engaged in industrial tree planting. The doctrine of primary jurisdiction does not warrant a court to arrogate unto itself the authority to resolve a controversy the jurisdiction over which is initially lodged with an administrative body of special competence.O. Secretary Fulgencio S. Further. hence. implementation. experience and capability to hear and 71 | P a g e . It grows gubas trees in its plantations in Agusan and Mindoro which it supplies to a local match manufacturer solely for production of matches. AJIC moved to dismiss the case asseverating that the enforcement of the import ban under Sec. In consonance with the state policy to encourage qualified persons to engage in industrial tree plantation. International Corporation (AJIC) imported four (4) containers of matches from Indonesia. 66577 and other pertinent agrarian laws. and a uniformity of ruling is essential to comply with the purposes of the regulatory statute administered (Pambujan Sur United Mine Workers v. The CA found the petition to be impressed with merit. of the Revised Forestry Code is within the exclusive realm of the Bureau of Customs. E. enforcement or interpretation of said laws are matters which have been vested in the DAR. respondent appellate court erred in directing the trial court to assume jurisdiction over this case. . the present legal battle is "not altogether lost" on the part of private respondent because as this Court was quite emphatic in Quismundo v. Under the sense-making and expeditious doctrine of primary jurisdiction . to the end that agrarian reform disputes and other issues will be adjudicated in a just. Factoran. 932. INC. Inc. expeditious and inexpensive proceeding. (1). 94 Phil.. Sec. Ruling: There exists an agrarian dispute in the case at bench which is exclusively cognizable by the DARAB. 36. Considering that the application." PTFI then filed with the Regional Court of Manila a complaint for injunction and damages with prayer for a temporary restraining order against respondents Commissioner of Customs and AJIC to enjoin the latter from importing matches and "wood-derivative" products. On appeal.. of the Department of Natural Resources and Environment issued a certification that "there are enough available softwood supply in the Philippines for the match industry at reasonable price. the petitioners maintain that the alleged cause of action of private respondent arose from an agrarian relation and that respondent appellate court failed to consider that the agreement involved is an agricultural leasehold contract. Private respondent A.. and direct recourse of petitioner to the Regional Trial Court to compel the Commissioner of Customs to enforce the ban is devoid of any legal basis. 2298 vested the DAR with quasi-judicial powers to determine and adjudicate agrarian reform matters as well as exclusive original jurisdiction over all matters involving implementation of agrarian reform except those failing under the exclusive original jurisdiction of the Department of Agriculture and the Department of Environment and Natural Resources in accordance with law. and the Collector of Customs from allowing and releasing the importations. At any rate. this case is outside the jurisdiction of the trial court. 941 [1954]. being the administrative agency presumably possessing the necessary expertise on the matter. . R. Upon request of PTFI. par. Director of Lands vs CA 194 SCRA 224 Provident Tree Farms vs Batario 231 SCRA 463 Facts : PETITIONER PROVIDENT TREE FARMS. where the question demands the exercise of sound administrative discretion requiring the special knowledge. which the Bureau of Customs. The laws governing its execution and the rights and obligations of the parries thereto are necessarily R. Jr. Samar Mining Co. the proceedings therein are summary in nature and the department is not bound by the technical rules of procedure and evidence. of the Revised Forestry Code 1 confers on entities like PTFI a set of incentives among which is a qualified ban against importation of wood and "wood-derivated" products.A. The orders of the Regional Trial Court of Tagbilaran City dated 22 August and 28 September 1989 are REINSTATED. the need for specialized administrative boards or commissions with the special knowledge. the courts cannot or will not determine a controversy involving a question which is within the jurisdiction of an administrative tribunal. and later denied the motion for reconsideration. In this era of clogged court dockets.the resolution by the DAR is to the best advantage of the parties since it is in a better position to resolve agrarian disputes. The decision of respondent Court of Appeals as well as its resolution denying reconsideration is REVERSED and SET ASIDE. Issue : WON the RTC has jurisdiction over the case. Thus. J. and two (2) more containers of matches from Singapore.).Jose Rizal Memorial State University – College of Law Administrative Law Reviewer The trial court granted the motion to dismiss. 36.

petitioner filed a petition for a determination of the just compensation for its property. we have no occassion to rule on the issue of grave abuse of discretion as excess of jurisdiction as it is not before us. Lagua vs Cusi 160 SCRA 260 Facts : This petition for mandamus originated from a complaint for damages which was instituted by the petitioners against the private respondents for closing a logging road without authority.A. . When doctrine does not apply Philippine Veterans Bank vs CA 322 SCRA 139 Facts: Philippine Veterans Bank owned four parcels of land in Tagum. 6657. therefore. Dissatisfied with the valuation of the land made by respondents Land Bank of the Philippines and the Department of Agrarian Reform Adjudication Board (DARAB). Since this case was filed only on January 26. which was dismissed on lack of jurisdiction.A. Branch 2. The Special Agrarian Courts shall decide all appropriate cases under their special jurisdiction within thirty (30) days from submission of the case for decision. already lapsed. The lands were taken by the Department of Agrarian Reform for distribution to landless farmers pursuant to the Comprehensive Agrarian Reform Law (R. which are covered by Transfer Certificates. . to prevent passage of the trucks hauling the logs for the Japanese vessel. the fifteen-day period provided for under Section 51 of Republic Act 6657 which is the Comprehensive Agrarian Reform Law within which to appeal. Hence. No. a national highway. has become well nigh indispensable . D. which dismissed the petition on the ground that it was filed beyond the 15-day reglementary period for filing appeals from the orders of the DARAB. But this does not preclude recourse to the courts by way of the extraordinary relief of certiorari under Rule 65 of the Rules of Court if the Bureau of Customs should gravely abuse the exercise of its jurisdiction. Petitioners filed a case before the trial court. Issue: Which contention is meritorious? Ruling: Petitioner's contention has no merit. but its motion was likewise denied. the court cannot compel an agency to do a particular act or to enjoin such act which is with its prerogative. Private respondent EastCoast ordered the closure of the road. the court a quo holding that the issue is within the realm of the Bureau of Forestry which should have heard the case before filing t case in court. a petition for the fixing of just compensation can be filed beyond the 15-day period of appeal provided from the Where the administrative agency has no jurisdiction. No. decision of the DAR adjudicator.On the other hand. otherwise such decision becomes final and executory. Petitioner argues that DAR adjudicators have no jurisdiction to determine the just compensation for the taking of lands under the Comprehensive Agrarian Reform Program. pursuant to §51 of R. respondents argue that actions for the fixing of just compensation must be filed in the appropriate courts within 15 days from receipt of the decision of the DAR adjudicator. as is plainly provided under Rule II of the DARAB Revised Rules of Procedure. the decision was affirmed. Tagum. Moreover.The Special Agrarian Courts shall have original and exclusive jurisdiction over all petitions for the determination of just compensation to landowners. the ultimate relief sought by PTFI is to compel the Bureau of Customs to seize and forfeit the match importations of AJIC. the same cannot be subject of mandamus. petitioners were hauling logs to be loaded on a vessel. It does not apply in any of the exceptions to the doctrine of exhaustion of administrative remedies. . subject to judicial review in case of grave abuse of discretion. because such jurisdiction is vested in Regional Trial Courts designated as Special Agrarian Courts and. Private respondent claim that they were the only authorized timber licensee to use the road. 72 | P a g e . R. 6657 provides: The DAR is hereby vested with primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform. On appeal to the Court of Appeals. the doctrine does not apply. except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR) . Davao.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer determine promptly disputes on technical matters or essentially factual matters. Since the determination to seize or not to seize is discretionary upon the Bureau of Customs. 6657). and the prosecution of all criminal offenses under this Act. Otherwise stated. unless modified by this Act. The Rules of Court shall apply to all proceedings before the Special Agrarian Courts. . Petitioner filed a motion for reconsideration. through their security force. It was held that: Jurisdiction over land valuation cases is lodged in the Department of Agrarian Reform Adjudication Board. From the facts. 1994. The petition was filed with the Regional Trial Court. No. . this petition for review. Davao.A. however cleverly the complaint may be worded. In the case at bench. except when in the excrcise of its authority it claerly abuses or exceeds its jurisdiction.

Iloilo. a motion for reconsideration or appeal is curative in character on the issue of alleged denial of due process.D. recourse through court action cannot prosper until all the remedies have been exhausted at the administrative level. He also received a copy of a letter of the Director of Public Schools addressed to respondent Alfredo Pineda. a senior teacher civil service eligible. Rosales vs CA 165 SCRA 344 Ruling : Under the doctrine of exhaustion of administrative remedies. this should be resorted to before resort can be made to (the) court. Moreover. Without waiting for any action on his protest-in fact even before said protest could be forwarded and submitted to the Director of Public Schools-Gonzales. Doctrine of exhaustion of administrative remedies A. addressed to the Superintendent of the Iloilo School of Arts and Trades. but nevertheless. Precisely. at the time Principal of the Samar Trade School. appointing him as Principal of the Iloilo Vocational School. they appealed to the Secretary of Education and Culture. the regular courts have jurisdiction over the same. This should appropriately be threshed out in a judicial proceeding. When Pineda came to assume the office of Principal of the latter school. the lower court rendered the appealed judgment. It is beyond the power and authority of the Bureau of Forest Development to determine the unlawful closure of a passage way. obviously to show that their case falls within one of the exceptions to the doctrine of exhaustion of administrative remedies. After due trial. convenience of the party litigants and respect for a co-equal office in the government." Petitioners however. cannot prosper until all the remedies have been exhausted at the administrative level. Definition and purpose As a general rule. because in the first place. filed the present petition for prohibition with preliminary injunction in the Court of First Instance of Iloilo to restrain the Secretary of Education and the Director of Public Schools from giving effect to the appointment of Alfredo Pineda as Principal of the Iloilo Vocational School. Whether or not such closure was illegal is a matter to be established on the part of the petitioners and a matter to be disproved by the private respondents. Gonzales then received a letter from the Secretary of Education appointing him as Head of the Related Subjects Department of the Bureau of Public School. When an adequate remedy may be had within the Executive Department of the government. Appellants claimed that the lower court erred in not holding that the present action was instituted prematurely. This traditional attitude of the courts is based not only on convenience but likewise on respect. Held : The petitioners maintain that since their action is for damages. No. and to recover damages. available within the administrative machinery. and sent a written protest against Pineda's appointment as well as against his own appointment as Head of the Related Subjects Department.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Issue : WON the jurisdiction of the Bureau of Forestry applies. Not every activity inside a forest area is subject to the jurisdiction of the Bureau of Forest Development. the opportunity or right to oppose. Gonzales. Issue: WON the appellee initiated the appropriate administrative proceeding. claim that they were denied due process. much less award or deny the payment of damages based on such closure. a Litigant fails or refuses to avail himself of the same. the respondent court had no basis for holding that the Bureau of Forestry Development must first determine that the closure of a logging road is illegal before an action for damages can be instituted. Gonzales refused to yield the same to him. Gonzales vs Secretary of Education 5 SCRA 657 Facts: Jose L. V. the judiciary shall decline to interfere. Lambunao High School was later converted into a Regional Vocational High School under the name of Iloilo Vocational High School. when they filed a motion for reconsideration and later when the motion was denied. they were made to avail in the same administrative agency. as a general rule. P. Such contention is however untenable. was appointed Principal of the Lambunao High School established in the municipality of Lambunao. recourse through court action. who forwarded it without undue delay to the Director of Public Schools by a second indorsement. 705 upon which the respondent court based its order does not vast any power in the Bureau of Forest Development to determine whether or not the closure of a logging road is legal or illegal and to make such determination a prerequisite before an action for damages may be maintained. the complaint instituted by the petitioners is clearly for damages based on the alleged illegal closure of the logging road. which in fact they did. According to them. If a remedy is 73 | P a g e .

denied the allegations of the petition and interposed the following affirmative defenses: that after a fire which occurred in Lamitan that raged down a major portion of the market site therein. (5) failure of a high government official from whom relief is sought to act on the matter. and that in view of this refusal. It does not affect the jurisdiction of the court. the city government approved the purchase of an additional area to enlarge the said site and that. Issue: WON private respondent failed to exhaust administrative remedies available to him? Ruling: Private respondent did not exhaust the administrative remedies available to him. (3) when its application may cause great and irreparable damage. the denial of the permit applied for by petitioner. incidentally. addressed to the Superintendent of the Iloilo School of Arts and Trades. The city fiscal moved to dismiss the petition on the following grounds: that mandamus will not lie since the issuance of the permit applied for was a discretionary and not a ministerial duty on the part of the city engineer to which the trial court agreed. but even before this date appellee instituted the present action. The rule of exhaustion of appropriate remedies before resorting to the courts to seek relief appears to be of stronger application to the present case where. 74 | P a g e . authority and supervision over all NLRC officials . the engineer of that city. with the result that the present action is dismissed. Petitioner moved for a motion to dismiss the case but RTC denied the petitioner.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer The petition was granted and that respondent court {RTC} was ordered to dismiss the case filed by Pontejos. the lot claimed by the petitioner was included in the area. (4) where the controverted acts violate due process. which is ground for a motion to dismiss. In this regard. represented by the City Fiscal of Basilan. The exceptions under the “Doctrine of Exahaustion of Administrative Remedies” mentioned in this case are the following. Carale. the respondent. Respondent Pontejos is subject to civil service laws and regulations pursuant to the Constitution as Labor Arbitration Associate. The only effect of non-compliance with the rule is that it will deprive the complainant of a cause of action. expropriation proceedings had been instituted thereon. according to the record. clear that he did not give his superior officers any opportunity to reconsider the questioned orders before seeking judicial intervention. and (6) when the issue of non-exhaustion of administrative remedies has been rendered moot. The decision appealed from is reserved. Non-exhaustion of administrative remedies is a ground for motion to dismiss or is a defense which may be raised in the answer. to authorize de los Santos to construct a residential house on the land described in the petition. Therefore the instant case is premature and that respondent should exhaust all the available remedies to his grievances before resorting to courts. It is alleged the respondent without any lawful cause refused to grant said permit. 1) where the question is purely legal. It is. (2) where judicial intervention is urgent. Petitioner questioned the court’s jurisdiction to try the case without first resorting to exhaustion of administrative remedy to the Civil Service Commission. appellant Pineda and the superior officers of appellee did not appear to have exerted any undue pressure upon him to compel him to yield and give up the position in question. petitioner suffered damages. This protest was forwarded by the latter to the Director of Public Schools. B. De los Santos vs Limbaga 4 SCRA 224 Facts: This is an appeal from an order of the Court of First Instance of Basilan City dismissing a petition for mandamus to compel Limbaga. hence. that by virtue thereof. Order detailing and re-assigning private respondent to NLRC 4 division in Cebu. Effect of failure to exhaust remedies Ruling: The facts of this case disclose that appellee initiated appropriate administrative procedures to obtain relief from the orders that he considered prejudicial to his rights by means of his first. Carale vs Abarintos 269 SCRA 132 Facts: Private respondent Pontejos was issued a permanent appointment as Labor Arbitration Associate by herein petitioner Carale who is the NLRC Chairman. therefore. Respondent’s grievances must be first raised before the Civil Service Commission before resorting to judicial intervention. th issued an admin. In his answer. pursuant to his exercise of admin. private respondent filed a case before the RTC of Cebu against petitioner for Illegal Transfer tantamount to removal without cause in violation of the security of tenure under the Constitution.

on the ground of serious violations of its conditions and the provisions of forestry laws and regulations. 12 and (3) but that respondent with grave abuse of authority and discretion has denied the request and instead ordered that said orders of Ang Tuan Kai & Co.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Issue: WON the case will prosper and WON there is compliance with the DEAR. Moreover. Petitioner should have first brought the matter to the Director of Public Works who. Ruling: Mandamus cannot prosper in this case for the simple reason that. remove and utilize timber within the concession area covering 29. 1992. It does not apply in the exercise of its rule-making power or legislative power. authorizing it to cut. CA) The rule requiring exhaustion of administrative remedies applies only where the agency exercise judicial or quasi-judicial function. exercise supervision and control over city engineers of chartered cities (see Commonwealth Act No. for a period of ten years expiring on September 31. a duly registered partnership of Manila. Sunville Timber Products vs Abad 206 SCRA 482 Facts: The petitioner was granted a Timber License Agreement (TLA).000 with foreign suppliers which orders were accepted before July 31.. vs CA 320 SCRA 530 C. When applied      Issue: WON the petitioner has cause of action in the herein case before the court. (2) that in November 1950 it requested the respondent to allow importation of the textiles against its quota for 1949 pursuant to circular No. apply for review of such decision by higher administrative authority. under the law.500 hectares of forest land in Zamboanga del Sur. alleges in substance (1) that it had placed orders for textiles amounting to about P340. 424). 21 April 1952 Facts: The petitioner. and if he was not satisfied with the Director's decision he should have appealed to the Secretary of Public Works and Communications. the petition is denied. which proceeding is now pending in the Court of First Instance of Basilan. 1949. The principle is fundamental that a party aggrieved by a decision of an administrative official should. 75 | P a g e . Certiorari or mandamus against administrative officers should not be entertained if superior administrative officers can grant relief. On July 31. Ruling: Special civil actions of certiorari and mandamus against the Import Control Commission do not lie if the petitioner has a plain and adequate remedy by an appeal to the President. be charged against the firm's 1951 quota and exchange allocations in pursuant to the order issued previously by the same board. the herein private respondents filed a petition with the Department of Environment and Natural Resources for the cancellation of the TLA. the land in question is already the subject matter of expropriation proceeding instituted by Basilan City pursuant to a resolution approved by the City Council. D. Hence this case. before coming to court. Republic vs Sandiganbayan 255 SCRA 438 Factora.       Exceptions to the doctrine When there is a violation of due process When the issue involved is purely a legal question When the administrative agency is patently illegal amounting to lack or excess of jurisdiction When there is estoppels on the part of the administrative agency concerned When there is irreparable inquiry When the respondent is a department secretary whose acts as an alter ego of the President hears the implied and assumed approval of the latter When to require exhaustion of administrative remedies would be unreasonable When it would amount to a nullification of a claim When the subject matter is private land in land cases proceedings When the rule does not provide a plain speedy and adequate remedy There are circumstances indicating the urgency of judicial intervention (Paat vs. herein petitioner has failed to exhaust the administrative remedies available to him. This principle rests on the presumption that the administrative agency if afforded a complete chance to pass upon the matter. Jr. Ang Tuan Kai vs Import Control Commission L-4427. Thus. 1987. as the record shows.

also by the herein private respondents. of the same question by a court of justice. if still necessary. employing their specialized knowledge of the agreement and the rules allegedly violated. in a complaint for injunction with damages against the petitioner. the aforementioned respondents "are. 1987.1988. and that a prelinainary injunction is necessary for the preservation of the rights of the parties during the pendency of this case and to prevent the judgment therein from becoming ineffectual. that the petitioner has violated the terms and conditions of the TLA and the provisions of forestry laws and regulations. Cagayan.21 The charge involves factual issues calling for the presentation of supporting evidence. which sustained the trial court in a decision dated July 4. untenable. Issue: Whether or not the lower court correctly applied the doctrine of exhaustion of administrative remedies. explicitly prohibits the importation of rice and corn by "the Rice and Corn Administration or any other government agency. The same charges were subsequently made. in making or attempting to make said importation of foreign rice. The private respondents have charged. To repeat for emphasis. 1988.2 The petitioner then elevated the matter to the respondent Court of Appeals. Ruling : The principle requiring the previous exhaustion of administrative remedies is not applicable "where the question in dispute is purely a legal one”. The petitioner moved to dismiss this case on three grounds. The application of Gonzales vs Hechanova. One of the reasons for the doctrine of exhaustion is the separation of powers. was seized by the Department of Environment and Natural 76 | P a g e . 1989 when the truck of private respondent Victoria de Guzman while on its way to Bulacan from San Jose. Judge Alfonso G. speedy and adequate remedy in the ordinary course of law. Respondents' contention is. countered that the petitioner did not exhaust all administrative remedies available to him before coming to court. as the wrong alleged in the complaint was supposedly committed as a result of the unlawful logging activities of the petitioner.1 and the motion for reconsideration on February 15. acting without jurisdiction or in excess of jurisdiction". Petitioner is the president of the Iloilo Palay and Corn Planters Association engaged in the production of rice and corn. both in the administrative case before the DENR and in the civil case before the Regional Trial Court of Pagethan City. The case at bar falls under each one of the foregoing exceptions to the general rule. Ruling: The lower court erred in misapplying the doctrine. filed the petition herein. and created a rice procurement committee composed of the other respondents herein for the implementation of said proposed importation. therefore. Respondent. it will be necessary first to determine whether or not the TLA and the forestry laws and regulations had indeed been violated. The theory is that the administrative authorities are in a better position to resolve questions addressed to their particular expertise and that errors committed by subordinates in their resolution may be rectified by their superiors if given a chance to do so. Issue : WON the doctrine of exhaustion of administrative remedies is applicable in this case. or where the controverted act is "patently illegal" or was performed without jurisdiction or in excess of jurisdiction. or where the respondent is a department secretary.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer the expertise of the administrative agency in the resolution of the issue raised is a condition precedent for the eventual examination. because Republic Act No. Baggao. Abad denied the motion to dismiss on December 11. The argument that the questions raised in the petition are purely legal is also not acceptable. and 3) the injunction sought was expressly prohibited by Section I of PD 605. Such evidence is best evaluated first by the administrative authorities. 2732 in the Regional Trial Court of Pagadian City. before the courts may step in to exercise their powers of review. 60 OG 802 Facts : Respondent executive secretary authorized the importation of several tons of foreign rice to be purchased from private sources. 2) the plaintiffs had not yet exhausted administrative remedies. determination of this question is the primary responsibility of the Forest Management Bureau of the DENR. or where there are circumstances indicating the urgency of judicial intervention. denying the motion for reconsideration.3 and in its resolution of September 27. which was docketed as Civil Case No. Nevertheless. 2732 comes within the jurisdiction of the respondent court. whose acts as an alter-ego of the President bear the implied or assumed approval of the latter. to wit: 1) the court had no jurisdiction over the complaint. 3452 which allegedly repeals or amends Republic Act No. averring that. which enjoins upon the Judiciary a becoming policy of noninterference with matters coming primarily (albeit not exclusively) within the competence of the other departments. 1988. unless actually disapproved by him. among others. here is no question that Civil Case No. Paat vs CA 266 SCRA 167 Facts: The controversy on hand had its incipiency on May 19. 2207. that petitioner has no other plain.

However. A long line of cases establish the basic rule that the courts will not interfere in matters which are addressed to the sound discretion of government agencies entrusted with the regulation of activities coming under the special technical knowledge and training of such agencies. petitioners aver that the trial court could not legally entertain the suit for replevin because the buck was under administrative seizure proceedings pursuant to Section 68-A of P. would seek to avoid the operation of this principle asserting that the instant case falls within the exception of the doctrine upon the justification that (1) due process was violated because they were not given the chance to be heard. R.. 1989. the judiciary will stand clear. it is a pre-condition that he should have availed of all the means of administrative processes afforded him. object of Monetary Board Resolution No. (15) days within which to submit an explanation why the truck should not be forfeited. the Committee finds that there is no basis upon which to recommend disciplinary action against respondent and therefore respectfully recommends that he be immediately reinstated. 957 on July 20. Private respondents. discipline. availment of administrative remedy entails lesser expenses and provides for a speedier disposition of controversies. in conjunction with the entire records of the case and representations of both complainants and respondent. for brevity) personnel in Aritao. issued on May 23. Private respondents. while the administration grapples with the complex and multifarious problems caused by unbriddled exploitation of these resources.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Resources (DENR.of temporary restraining order of petitioners was granted by this court. of respondent. Thus. after a thorough review of the service record of the respondent. 1955. misconduct. resulting in his suspension by the Monetary Board of the Bank and the creation of a 3-man committee to investigate him.O. for alleged dishonesty. in accordance 77 | P a g e . Corpus vs Cuaderno L-17860 30 March 1962 Facts: While petitioner-appellant was holding the position of Special Assistant to the Governor of the Central Bank of the Philippines. On May 5. which all involves fitness. failed to submit the required explanation. the committee heard the case. 1959. on the other hand. through their respective counsel. 705. he was charged in an administrative case. Nueva Vizcaya because the driver could not produce the required documents for the forest products found concealed in the truck. for one thing. resigned as of the date of his suspension. however. neglect of duty and/or abuse of authority. preferred against him by employees of the Bank. Bureau of Civil Service and the Office of the City Fiscal of Manila. Cagayan. and. The committee was composed of representatives of the Bank. the committee submitted its Final Report. if a remedy within the administrative machinery can still be resorted to by giving the administrative officer concerned every opportunity to decide on a matter that comes within his jurisdiction then such remedy should be exhausted first before court's judicial power can be sought. and (2) the seizure and forfeiture was unlawful on the grounds: (a) that the Secretary of DENR and his representatives have no authority to confiscate and forfeit conveyances utilized in transporting illegal forest products." To sustain the claim of private respondents would in effect bring the instant controversy beyond the pale of the principle of exhaustion of administrative remedies and fall within the ambit of excepted cases heretofore stated. and. Marino Corpus. After receiving the answer of the respondent therein. the Community Environment and Natural Resources Officer (CENRO) in Aritao. This doctrine is a relative one and its flexibility is called upon by the peculiarity and uniqueness of the factual and circumstantial settings of a case. etc. particularly the various cases presented against him. 1 Regional Executive Director Rogelio Baggayan of DENR sustained petitioner Layugan's action of confiscation and ordered the forfeiture of the truck invoking Section 68-A of Presidential Decree No. 1527 dated August 30.D. incompetence. Ruling: This Court in a long line of cases has consistently held that before a party is allowed to seek the intervention of the court. absent any finding of waiver or estoppel the case is susceptible of dismissal for lack of cause of action. and (b) that the truck as admitted by petitioners was not used in the commission of the crime. upon formal statement of the Governor that he has lost confidence in the respondent as Special Assistant to the Governor and In-Charge of the Export Department (such position being primarily confidential and highly technical in nature). receiving testimonies of witnesses on both sides. Hence. Petitioner Jovito Layugan. 1989 an order of confiscation of the truck and gave the owner thereof fifteen. the Monetary Board adopted Resolution No. It is no less true to state that the courts of justice for reasons of comity and convenience will shy away from a dispute until the system of administrative redress has been completed and complied with so as to give the administrative agency concerned every opportunity to correct its error and to dispose of the case. therefore. This doctrine of exhaustion of administrative remedies was not without its practical and legal reasons. etc. On June 22. further. we are not amiss to reiterate that the principle of exhaustion of administrative remedies as tested by a battery of cases is not an ironclad rule." The pertinent portion of the resolution reads thus: "After an exhaustive and mature deliberation of the report of the aforesaid fact finding committee. as amended by E. Accordingly." Unable to agree with the committee report. Invoking the doctrine of exhaustion of administrative remedies. the Monetary Board finds that the continuance of the respondent in the service of the Central Bank would be prejudicial to be best interests of the Central Bank. 1959 which considered "the respondent. 277. the pertinent conclusion and recommendation therein reading as follows: "(1) In view of the foregoing. The premature invocation of court's intervention is fatal to one's cause of action. and moreover. oppression.

but at most may be viewed as acts of condescension on the part of the Chief Executive. Commissioner Joseph A. acted on appeals from decisions of the Monetary Board of the Central Bank. though they may be subject to the Civil Service Law and Regulations in other respects. 46 Off. except the Governor thereof. they prayed that the Billing Circular be declared null and void ab initio. requiring the presentation of practically the same witnesses and documents produced in the investigation conducted at the instance of the Monetary Board. after he has been duly indicted and tried before a committee created by the Board for the purpose. Dacanay. and that the requirements of identification of prepaid card buyers and call balance announcement are unreasonable.. 995. resigned as of the . Section 16(i) of the Civil Service Law provides that "except as otherwise provided by law. Ruling: True.. coupled with the fact that Petitioner has admitted that he belongs to the noncompetetive or unclassified service." Three days after. 106 Phil. should not be regarded as precedents. We believe the petitioner is not bound to observe them. should file the proper judicial action within the reglementary period.. As emphasized in Bautista vs. Inc. Fajardo. that the Circular will result in the impairment of the viability of the prepaid cellular service by unduly prolonging the validity and expiration of the prepaid SIM and call cards. No. Umali and Deputy Commissioner Nestor C." In this case. The lower court was of the opinion that petitionerappellant should have exhausted all administrative remedies available to him. 1959. Hence. 82 Phil. Marino Corpus. Marino Corpus. through the Monetary Board. "The reason is obvious. considers the respondent. the respondent Monetary Board considered petitioner resigned from the office to which he has been legally appointed as of the date of his suspension. Republic Act 265. 1121. separation and suspension of all permanent officials and employees in the competetive or classified service and upon all matters relating to the conduct. creating the Central Bank of the Philippines. 151908 12 August 2003 Facts: petitioners Isla Communications Co.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer with the provisions of Section 14 of the Bank Charter. suspension or removal of its own employees except the Governor. it is our opinion that a resort to these administrative appeals is voluntary or permissive. Issue :WON the RTC has jurisdiction of the case 78 | P a g e . 828. considering his status and the Charter of the Central Bank. (1) There is no law requiring an appeal to the President in a case like the one at bar. and Pilipino Telephone Corporation filed against the National Telecommunications Commission. such as an appeal to the Commissioner of Civil Service. Santiago.date of his suspension. that the Billing Circular is oppressive. Deputy Commissioner Aurelio M. the Civil Service Law is the general legal provision for the investigation. R. et al. The fact that the President had. confiscatory and violative of the constitutional prohibition against deprivation of property without due process of law. In other words. An appeal to the Civil Service Commission would thereby be an act of supererogation. and efficiency of such officials and employees. taking into account the facts obtaining in this case." Smart Communications vs NTC G. However. the Monetary Board adopted Resolution No. Moreover. Egay. discipline. * * *. in two instances cited in the orders appealed from. no one is compelled or bound to do so. Petitioners allege that the NTC has no jurisdiction to regulate the sale of consumer goods such as the prepaid call cards since such jurisdiction belongs to the Department of Trade and Industry under the Consumer Act of the Philippines." Considering again the fact that the Charter of the Central Bank provides for its own power. and as said remedies neither are prerequisite to nor bar the institution of quo warranto proceedings it follows that he who claims the right to hold a public office allegedly usurped by another and who desires to seek redress in the courts. dated July 23. suspension or removal of employees of the Central Bank-. In Castillo vs. This is the main issue disputed in this appeal. "is sufficiently broad to vest the Monetary Board with the power of investigation and removal of its officials. whereas Section 14 is a special provision of law which must govern the investigation. public interest requires that the right to a public office should be determined as speedily as practicable. 38 Phil.R.. it is evident that an appeal by petitioner to the Commissioner of Civil Service is not required or at most is permissive and voluntary. the appellant did not elevate his case for review either by the President or the Civil Service Commission. or the President of the Philippines who under the Constitution and the law is the head of all the executive departments of the government including its agencies and instrumentalities. relative to the investigation. (2) While there are provisions in the Civil Service Law regarding appeals to the Commissioner of Civil Service and the Civil Service Board of Appeals. particularly paragraph (c) thereof. under Republic Act 2260. 3683.. We said that Section 14." the Commissioner of Civil Service shall have "final authority to pass upon the removal. Gaz. and Tumulak vs.. 13-6-2000 (the Billing Circular). suspension or removal of civil service employees. While it may be desirable that administrative remedies be first resorted to. an action for declaration of nullity of NTC Memorandum Circular No. 621. approving the appointment of herein respondent Mario Marcos to the position involved in place of petitioner R. Mr. Bayona.

" Marinduque Iron Mines v. In any event. and that defendants were able to cut no less 79 | P a g e . This. 1. to be sure. The determination of whether a specific rule or set of rules issued by an administrative agency contravenes the law or the constitution is within the jurisdiction of the regular courts. Manila for making certain constructions near the mouth of Calat-an Creek in Sipalay.. Court of Appeals. 13-6-2000 and its Memorandum dated October 6. however. the regular courts have jurisdiction to pass upon the same. or in any other part of Republic Act No. Works and Communications par. Patanao commenced Special Civil Case No.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Held: Petitions are granted. considered together with the peremptory character of the periods therein prescribed. C. As such. 106 Phil. as prayed for by petitioner. we believe the facts of this case place it within the rule enunciated in Dimaisip vs. otherwise. Negros Occidental. as follows: "Such failure (to appeal from the decision of the Secretary of Agriculture and Natural Resources to the President) cannot preclude the plaintiffs from taking court action in view of the theory that the Secretary of a Department is merely an alter-ego of the President. The silence of the statute. Patanao alleged that on March 10. for Instance. respondent Secretary rendered a decision dated January 16. a negative finding in this respect being the basis on which the extraordinary writ of certiorari. if there is justifiable or valid reason for his failure or delay to terminate and decide a case or effect the removal of the illegal construction such as. His power to do so is implicit in his constitutional power of control of all the executive departments (Section 10. petitioners were justified in invoking the judicial power of the Regional Trial Court to assail the constitutionality and validity of the said issuances. order. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. against Valeriano. does not resolve the issue. does not mean that the President may not review the action of the Secretary. 2056 for an appeal to the President from the decision of the Secretary. treaty. the Constitution vests the power of judicial review or the power to declare a law. truckers and loggers from cutting and hauling logs "he was met with riot guns. the assumption is that the action of the Secretary bears the implied sanction of the President. ordinance. adequate and expeditious. In his amended petition. The answer depends. VII of the Constitution). pistols and other firearms". or regulation in the courts. 48 with the Court of First Instance of Agusan. Without appealing the decision of the respondent Secretary to the President. presidential decree. which is not whether petitioner could have appealed to the President but whether he should have done so before seeking judicial relief. unless the same is disapproved by the latter. possession of his timber concession by illegally entering the same and cutting and hauling logs therein. instruction." Bueno vs Patanao 9 SCRA 794 Facts: On April 29. The absence of an express provision in Republic Act No. herein petitioner has filed with this Court the present petition for certiorari seeking that the decision of respondent be annulled. including the 25 regional trial courts. 2000 was pursuant to its quasilegislative or rule-making power. 1958. that when he went to the area to stop said respondents and their laborers. an injunction issued by a court. is it required that appeal to the President should precede recourse to the courts. Sec. international or executive agreement. Art. 2056. We are of the opinion that an appeal to the President from the order of respondent Secretary would not have been expeditious enough for petitioner's purposes and hence the latter did not have to resort to it before seeking judicial relief. petitioner was served with copy of the charges filed against it by two investigators of respondent Secretary of Public Works and Communications who conducted an investigation of said charges. upon whether an appeal to the President would have been sufficiently effective. Ruling: Nowhere in the foregoing provisions. This is within the scope of judicial power. which includes the authority of the courts to determine in an appropriate action the validity of the acts 26 of the political departments. the removal shall be effected by the government at the expense of herein petitioner. that on the basis of this investigation. of Public Works 8 SCRA 179 Facts: It appears from the allegations of the petition that the petitioner was denounced before the Port and Harbor Board. Indeed. that on September 11. The issuance by the NTC of Memorandum Circular No. 1958. may be issued. 1959 ordering the petitioner herein to remove the causeway illegally constructed at the mouth of the Calat-an River and restore the bed of said river to its original condition within thirty days from receipt of copy of the decision. Pedro B. What is assailed is the validity or constitutionality of a rule or regulation issued by the administrative agency in the performance of its quasilegislative function. 1958 the respondents therein disturbed him in his. for injunction and damages. 237. in turn. Bueno and one Juanito Merin. shows that such an appeal-assuming that it may be taken in view of the President's constitutional power of executive control-would not affect the inexorable requirement that those periods be observe& the only exception being in favor of Works and Communications the Secretary.

the herein petitioners challenged the arbitrator's capacity to try and decide the case fairly and judiciously and asked him to desist from farther hearing the case. As prayed for.000.000. True. 80 | P a g e . in return.000. The granting of timber licenses. On or about April 8. within 10 days from notice. 1958. however. or on 29 December 1975. are all vested by law primarily upon the Director of Forestry and ultimately upon his Department head. no law provides for an appeal from Continental Marble Corp. Ruling: The contention is without merit. or 25% of the monthly net income of the company. he was officially requested to designate a representative to accompany Forestry officials in the verification of the common boundary line between him and petitioner (Exhibit 8. he would get the contracts from end-users for the installation of marble products. But. private respondent Nasayao was to receive an amount equivalent to 25% of the net profits that the petitioner corporation would realize. appealable. They claimed that the undertaking agreed upon by the parties was a joint venture. 1958. In the recent case of John Clement Consultants. wherein Rodito Nasayao was to keep the machinery in good working condition and. he filed a motion for the issuance of a writ of execution. restraining herein respondents from enforcing and/or carrying out the questioned decision and resolution. Ruling: At first glance. Acting on the motions. 00 as actual and moral damages. vs NLRC 161 SCRA 151 Facts: In his complaint before the NLRC. letter addressed to Patanao by Anastacio G. and to condemn said respondents liable in an amount of not less than P175. Issue: Whether or not the contention of the private respondent that the petitioner failed to follow the doctrine of exhaustion of admin remedies is tenable. Petitioners alleged that since there had been no profits during said period.00. such as those presently occupied by the parties hereto.3 and. for the recovery of said unpaid salaries. Answering. and when the company failed to pay his salary for the months of May. laborers and lawyers. June. the Court said: "As is well known. Upon receipt of the decision. Rodito Nasayao filed a complaint with the National Labor Relations Commission. in a resolution dated 7 May 1976. LR6151. Rodito Nasayao filed a motion to dismiss the appeal on the ground that the decision of the voluntary arbitrator is final. Esperanza Forest Station. Branch IV. In addition. that while petitioner Bueno had endeavored to respect the verification report. he rendered judgment in favor of the complainant.) That said boundary dispute is still pending in the Bureau of Forestry at the filing of this petition is shown by the letter of the District Forester of Agusan. Its renewal depends upon the consideration of the Director of Forestry. dismissed the appeal on the ground that the decision appealed from is final.5 The petitioners are before the Court in the present recourse. and immediately executory.000. the respondent Commission. p. The doctrine of exhaustion of administrative remedies cannot be invoked in this case. after trial. the common boundary of the parties was verified by the Bureau of Forestry way back in March 1955. herein private respondent Rodito Nasayao claimed that sometime in May 1974. a month.00 and would be able to cut and haul even a bigger amount in the space of one month as they had allegedly concentrated all their logging machineries and equipment with the apparent intention of illegally denuding the forest area covered by his license. It seems. a sort of partnership. In due time. On 18 March 1976.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer than one million board feet of exportable logs worth not less than $64. however. Patanao thus urged the court below to issue a writ of preliminary injunction so as to enjoin the respondents. from entering the area and cutting and hauling logs therein pending trial and. private respondent was not entitled to any amount. The case was docketed therein as NLRC Case No. ordering the herein petitioners to pay Rodito Nasayao the amount of P9. the herein petitioners appealed to the National Labor Relations Commission on grounds that the labor arbiter gravely abused his discretion in persisting to hear and decide the case notwithstanding petitioners' request for him to desist therefrom: and that the appealed decision is not supported by evidence. in which the company would not interfere. now in the record as Annex A-Opposition. as contended. Agusan. Sison. Inc. respondent Patanao had refused to conform thereto. petitioner's argument appears to be tenable. Opposition to Urgent Motion to Dissolve Writ of Preliminary Injunction. and July 1974. 48 with the respondent court. dated. The record also discloses that Patanao's application for renewal and consolidation of his timber licenses for 1957-58 had not yet been approved by the Secretary of Agriculture and Natural Resources. the Court issued a temporary restraining order. officerincharge. Collado as voluntary arbitrator. before Patanao instituted Civil Case No. and ordered the herein petitioners to comply with the decision of the voluntary arbitrator within 10 days from receipt of the resolution. unappealable and immediately executory.000. should there be any. to make the injunction final and permanent. versus National Labor Relations Commission. so much so that the conflict was brought anew to the attention of the Director of Forestry who has formally taken a hand therein. he was appointed plant manager of the petitioner corporation. the respondent arbitrator refused. The case was submitted for voluntary arbitration and the parties selected the herein respondent Jose T. their agents. attorney's fees and costs. with an alleged compensation of P3. In the course of the proceedings. and the determination of conflicting claims or boundary lines involving forest zones. the herein petitioners denied that Rodito Nasayao was employed in the company as plant manager with a fixed monthly salary of P3. on 23 March 1976.00. their renewal or cancellation. whichever is greater. 5.00. July 23.

Municipality). Evasco holding that the properties of the petitioner consist of 4. petitioner reiterated her application sometime in 1979-1985 alleging that her tenant deliberately failed and refused to deliver her landowner's share from 1975 up to the time of the Ming of the said application and. hence. bear the implied approval of the latter. it decides a case without or in excess of its jurisdiction. Since. A reinvestigation was conducted this time by Atty. that the latter had distributed his landholding to his children. such as when the question involved is purely legal. the latter approved on 1 August 1988 Resolution No. Seth Evasco who on October 31. or where the questioned act is patently illegal.3589 hectares as evidenced by Transfer Certificates of Title Nos. petitioner Ignacio Bunye. on 19 August 1986. thru the Market Commission. Following his assumption into office as the new mayor succeeding Santiago Carlos. Juanito L. thru its then Mayor Santiago Carlos." Consequently.. To implement this resolution. petitioner filed a sworn application for retention of her riceland or for exemption thereof from the Operation Land Transfer Program with the then Ministry of Agrarian Reform (MAR). After due hearing. 1980 for the cancellation of the Certificate of Land Transfer (CLT) of private respondent who appears to be petitioner's tenant over her riceland. The letter of Hon. Lorena. and no longer to the KBMBPM. the Officer-in-Charge of MAR likewise concurred therewith. Issue: Whether or not the petitioners in the first case failed to follow the doctrine of exhaustion of admin remedies. claiming to be particularly scandalized by the "virtual 50-year term of the agreement. as an alter ego of the President.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer decisions of the National Labor Relations Commission. 27168 and 27344 and hence not covered by the Operation Land Transfer Program. unless sooner terminated and/or rescinded by mutual agreement of the parties. Regional Director Salvador Pejo manifested his concurrence with the report of Atty. 1985. When. the Municipal Government of Muntinlupa (hereinafter." public and the stallholders thereat that the Municipality was taking over the management and operation of the facility. there can be no review and reversal on appeal by higher authority of its factual or legal conclusions. Upon failure of the Ministry to take the necessary action. the party thereby adversely affected may obtain a review and nullification of that decision by this Court through the extraordinary writ of certiorari. Jr. There was no need then to appeal the decision to the office of the President. 27167. however. INC. together with his copetitioners and elements of the Capital Command of the Philippine Constabulary. proceeded. (KBMBPM) represented by its General Manager. 45 abrogating the contract. 1975. as hereinafter shown. or with grave abuse of discretion. to the public market and announced to the general Almine vs CA 177 SCRA 796 Facts: On December 25. the doctrine of exhaustion of administrative remedies also yields to other exceptions. Albay. these agencies urged that appropriate legal steps be taken towards its rescission. be increased by ten percent (10%) each year during the first five (5) years only.000) to be paid by the KBMBPM within the first five (5) days of each month which shall. and that the stallholders should thenceforth pay their market fees to the Municipality. entered into a contract with the KILUSANG BAYAN SA PAGLILINGKOD NG MCA MAGTITINDA SA BAGONG PAMILIHANG BAYAN NG MUNTINLLUPA. Bunye. then 81 | P a g e . however. renewable for a like period. The contract provides for a twenty-five (25) year term commencing on 2 September 1985. for the latter's management and operation of the new Muntinlupa public market. recourse to the courts could be had immediately. paragraph 3 of Batas Pambansa Blg. the writ of certiorari will issue to undo those acts. in the order dated February 13. 1985 filed his report recommending the cancellation of private respondent's CLT. In separate letters. Metro Manila. and do justice to the aggrieved party.69 This doctrine of qualified political agency ensures speedy access to the courts when most needed. contrary to the provision of Section 143. unless actually disapproved by him. Atty. In an endorsement dated November 25. Elfren Cruz of the MMC even granted the Municipality authority "to take the necessary legal steps for the cancellation. the rule is well-settled that this requirement does not apply where the respondent is a department secretary whose acts." and the "patently inequitable rental. Said report was elevated to the MAR. management and operation of the New Muntinlupa Market to the Municipal Government of Muntinlupa. 1986. arbitrary or oppressive." directed a review of the aforesaid contract. Such is the claim of petitioners which. rescission of the above cited contract and make representations with KBMBPM for the immediate transfer/takeover of the possession. Amado Perez. in this case.. is correct. However. Kilusang Bayan vs Dominguez 205 SCRA 92 Facts: On 2 September 1985. upon representations made by Bunye with the Municipal Council. at a monthly consideration of Thirty-Five Thousand Pesos (P35. 337. Moreover. as in the instant case.3 He sought opinions from both the Commission on Audit and the Metro Manila Commission (MMC) on the validity of the in strument. Cidarminda Arresgado of the said office filed an investigation report dated June 26. Jr. Ruling: As to failure to exhaust administrative remedies. it appears that the Commission has indeed acted without jurisdiction and with grave abuse of discretion in taking cognizance of a belated appeal sought to be taken from a decision of Labor Arbiter and thereafter reversing it. Regional Office in Tobaco.

2 Petitioner filed a motion for reconsideration but the same was denied in a resolution dated October 22. due process being denied him in the absence of a formal investigation or inquiry prior thereto.S. After the parties filed their respective pleadings. 15. However. thereby entitling it to participate in horse races and sweepstakes draws in legally authorized racing clubs or tracks. as the case may be under Rule 65 of the Rules of Court. compliance of the required qualifications under the Charter of the same. Thus. the PRC announced thru the PA system before the start of race no.J. Ruling: A perusal of the provision above cited reveals that questions as to whether a landowner should or should not be allowed to retain his landholdings are exclusively cognizable by the Minister (now Secretary) of Agrarian Reform whose decision may be appealed to the Office of the President and not to the Court of Agrarian Relations. appellee impugned the constitutionality and validity of the Resolution of October 2.R. SP No. In line with the SOP and usual racing practices for horse owners. MAR and docketed as AC-G. Thereafter. if administratively decided by the Minister of Agrarian Reform. and appellee's objection thereto is a purely legal one. The trial court dismissed the complaint primarily on the ground of lack of EAR – that the admin remedy of Quintos was to ask the Board of Trustees of NSF to reconsider its resolution cancelling the certificate of registration. prohibition or mandamus. that the appellee failed to exhaust his administrative remedies by not asking the Board of Regents to reconsider the challenged resolution before bringing the matter to court. 354). Issue: Whether or not the petitioner failed to observe the doctrine of exhaustion of administrative remedies. their assumption to their respective office is deemed terminated. 129. Here. 13 that his horse was being excluded from taking part in race no. 15. 08550. Ruling: It is contended in this connection. On the very day when Quintos’ race-horse was scheduled to participate in race no. 357). Private respondent filed a motion to dismiss the appeal. 1987. Tapales was injured by the said resolution and memorandum as such filed before the court a question on the validity of the said resolution and memorandum. and nothing of an administrative nature is to be or can be done (73 C. Inc. the University President issued a memorandum reminding the Deans and Directors whose terms are about to expire that unless they are recommended by the same for reappointment. Consequently.J. it was denied in an order dated May 28. the respondent appellate court erred in holding that it has no jurisdiction over the petition for review by way of certiorari brought before it of a decision of the Minister of Agrarian Reform allegedly made in grave abuse of his discretion and in holding that this is a matter within the competence of the Court of Agrarian Reform. Issue: Whether or not the contention of the CA is tenable. 1986. These cases are thus excluded from those cognizable by the then CAR. It was then alleged that the cancellation of the certificate of registration of his horse was arbitrary and oppressive. petitioner appealed to the then Intermediate Appellate Court (IAC). There is no appeal from a decision of the President. prohibition or mandamus. However. Quintos v. The Court of Appeals has concurrent jurisdiction with this Court and the Regional Trial Court over petitions seeking the extraordinary remedy of certiorari. or where the question in dispute is purely a legal one. The failure to appeal to the Office of the President from the decision of the Minister of Agrarian Reform in this case is not a violation of the rule on exhaustion of administrative remedies as the latter is the alter ego of the President. 19871 dismissing the appeal on the ground of lack of jurisdiction holding that questions as to whether a landowner should or should not be allowed to retain his land holdings. Quintos applied for inclusion of his horse in a particular race 3 days before the date of the race which application was duly approved by Phil Racing Club. the Board of Regents of the said University issued a resolution fixing the terms of the office of the Dean and Directors thereof allegedly in pursuant to same charter.S. 1986. On April 17. National Stud Farm 54 SCRA 210 Facts: Quintos is the legitimate owner of a racehorse which was duly and officially registered with NSF and for which he is issued a certificate of registration. otherwise known as the Judiciary Reorganization Act of 1980. 1959. An administrative review is not a condition precedent to judicial relief against a statute or ordinance which is claimed to be unconstitutional and void (73 C. The case was entitled Hilda Ralla Almine vs. now the Regional Trial Courts. the Court of Appeals rendered a decision dated June 29. A motion for reconsideration thereof was likewise denied. are appealable and could be reviewed only by the Court of Agrarian Relations and now by the Regional Trial Courts pursuant to Batas Pambansa Blg. the said decision may be reviewed by the courts through a special civil action for certiorari. The respondent on the other hand alleged that the petitioner failed to exhaust the required administrative remedies available. and in case of denial of appeal to the Games and Tapales vs President of UP 7 SCRA 553 Facts: Ramon Tapales was duly appointed Director of the Conservatory Music in UP as recommended by the President of the University of the Philippines after 82 | P a g e .Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Minister Conrado Estrella denied petitioner's application for retention.

the oppositors nonetheless pointed out that their mother had abandoned them in 1942 to live with another man. But notwithstanding the above principles. it was in favor of "Sergio Serfino. the stage of ripeness for judicial review had not been reached. The only effect of non-compliance with this rule is that it will deprive the complainant of a cause of action. the homestead granted to Sergio Serfino ceased to have the character of public land and so was removed from the operation of the said doctrine. Quintos prematurely instituted a suit for damages. therefore. et al. upon motion of the petitioners. His gives no reason for his failure to exhaust administrative remedies. 6-2423-86 with prayer for the issuance of writ of preliminary injunction and/or restraining order. This thirdparty claim was denied. Their purpose. when the original certificate over the homestead was issued. they said. who was married in January 1933 to the petitioner. The labor arbiter.A. then. The trial court originally granted the motion and ordered the change prayed for. Moreover. filed before the NLRC a complaint against ACD Computer Services and Cabel for illegal dismissal and non-payment of certain benefits. Sunga v.85 was garnished.. The following day. According to these oppositors. Indeed.. and soon thereafter the petitioner filed a motion with the Court of First Instance of Negros Occidental praying that his description as a "widower" be changed to "married to Francisca Soto. describing himself as "married to Francisca Soto. All that had been said so far would seem to indicate that under such a test. obviously. but later it reconsidered its decision and held itself without jurisdiction to act on the matter. the sheriff served a notice of garnishment to the Commercial Bank of Manila after which the total amount of P15. ACD Computer Services and Cabel filed before the NLRC a petition for relief from judgment in NLRC-NCR Case No. While conceding that their parents were married in 1933.031. the petition will still have to be dismissed because the change sought is not authorized under Section 112 of Act 496. The order of dismissal. widower. which is a ground for a motion to dismiss. Once registered. Issue: Does the trial court have jurisdiction to order an amendment of a certificate of title without previous exhaustion of administrative remedies? Held: Failure to observe the doctrine of exhaustion of administrative remedies does not affect the jurisdiction of the court. the doctrine of exhaustion of administrative remedies is not applicable to private lands. the change sought is in the civil status of the registered owner. If not invoked at the proper time. In the traditional language of administrative law. This amount has already been turned over to the petitioners." but in 1953. The judicial forum sought by Quintos was in effect an unwarranted disregard of the concept of primary jurisdiction. 4569 CAUAYAN CAD. The CA certified the case to the SC since it found that a purely legal question was involved. Soto v. A levy on execution was made upon the properties found in the respondents' office premises. U. The petitioners filed before 83 | P a g e . an American firm based in California. We have repeatedly stressed this in a long line of decisions. Its reason was that there was no observance of the doctrine of exhaustion of administrative remedies.S. Later. The labor arbiter rendered a decision sustaining the petitioners' position. certainly cannot be considered as being in derogation of the due process guarantee. there is none. NLRC 173 SCRA 338 Facts: Sunga. Quintos ignored factors not predetermined by formula but by seasoned balancing for and against the assumption of jurisdiction. Specifically. ACD Group Inc. The reason for this short-circuiting of administrative processes is not explained by Quintos. was to prevent the land from being considered conjugal and therefore equally owned by the spouses. FRANCISCA SOTO. In 1939. The said registered owner was Sergio Serfino. she had adulterous relations with still a second man by whom she begot eleven children. through its Chairman. issued a writ of execution to enforce said decision." Two daughters of the couple opposed the motion. this ground is deemed waived and the court can then take cognizance of the case and try it. Jareno 144 SCRA 116 Facts: This is MOTION TO CORRECT ORIGINAL CERTIFICATE OF TITLE NO. he filed an application for a homestead patent. Issue: Does Quintos have a valid cause for complaint? Ruling: None. as also settled in a number of decisions rendered by this Court. it was their father himself who had described himself as a widower in 1953 because he had not heard from the petitioner since 1942. as interpreted by this Court. to wit: WON the trial court correctly dismissed the complaint for failure to exhaust administrative remedies. P-672 COVERING LOT NO. Dulay filed a third-party claim in the NLRC case on the ground that it is the real owner of the computers levied upon and scheduled for auction. the lower court’s insistence of the fundamental requirement of exhausting administrative remedies is more than justified." Serfino died in 1965.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Amusement Board or to the Office of the President. The NLRC then issued the questioned resolutions incidental to Injunction Case. whom the petitioner wants to be described in the certificate of title as married to her rather than as a widower.

to prohibit the NLRC from taking further proceedings in Injunction Case and to direct the NLRC to dismiss said injunction case and to order the full execution of the decision. Without waiting for the NLRC's resolution on their motion to dismiss. He further stressed the jurisdiction of the NLRC and its exercise of sound discretion.000. was entitled to its share of the RICD fund in question. At least two of these exceptions are present in the instant case on exhaustion of administrative remedies. This is considerably long considering that the labor arbiter's decision had already become final and in fact has been partially executed. In fact. the Court set aside the requirement of exhaustion of administrative remedies and resolved to go direct to the merits of the petition. There had been no action on the challenge to the petition for relief from judgment for almost a year.00 to cover up for the salaries of the high school teachers. only to have any decision raised again before this Court. restoring him to full civil and political rights. that the instant case falls under the exceptions to the general rule. Taking into consideration that this petition is filed by a nonlawyer. was the Elementary School Principal of Talisay and also the Assistant Principal of the Talisay Barangay High School of the Division of Gingoog City. This petition seeks to annul the three NLRC resolutions. 1986. The herein petitioner appealed his case to the Court of Appeals. The doctrine of exhaustion of administrative remedies is not an inflexible rule. and both were convicted to suffer a sentence of one year and disqualification to hold public office. We ignore technicality by considering this a suit against the officials of this government agency. where there is unreasonable delay or official action that will irretrievably prejudice the complainant: where the amount involved is relatively small so as to make the rule impractical and oppressive. Issue: WON the Soc Gen’s position is tenable. where the challenged administrative act is patently illegal. but under the circumstances of this case. Thus. Moreover. Finally. That was a grave error on the part of the herein petitioner as it involves the very intricacies in the disbursement of government funds and of its technicalities. the discretion is qualified by the requirements of giving justice to the petitioner. also. Culture and Sports cannot be sued. Ruling: The Court gave due course to this petition on a finding. The herein petitioner. the herein petitioner applied for reinstatement to the government service. amounting to lack of jurisdiction. It is no longer a matter of discretion on the part of the appointing power. As to the argument that the Department of Education. with the honest thought in mind that the barrio high school was a barrio project and as such therefore. who claims that poverty denies him the services of a lawyer. being financially battered. The main case had been filed as early as June 20.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer the NLRC a motion to dismiss and/or answer to the petition on the ground that a petition for relief is not a remedy granted under the Labor Code and NLRC Rules. Issue: WON petitioner Sabello should be reappointed to his position. could no longer hire a lawyer to proceed to the highest court of the land. With this instrument on hand. exhaustion is not necessary where inter alia there is estoppel on the part of the party invoking the doctrine. Since at that time 84 | P a g e . where the question involved is purely legal and will ultimately have to be decided anyway by the courts of justice. this case involving the propriety of a remedy and the suspension of an execution would only be further delayed if we remand it to the NLRC. among others. The Solicitor General recommends that the petition be dismissed for being premature. Ruling: The question of whether or not petitioner should be reappointed to his former position is a matter of discretion of the appointing authority. the herein petitioner. Again. the petitioners filed the present petition.00 for each barrio. but discretion tempered with fairness and justice. applying the doctrine of exhaustion of administrative remedies. The Court of Appeals modified the decision by eliminating the subsidiary imprisonment in case of insolvency in the payment of one-half of the amount being involved. were charged of the violation of Republic Act 3019. As we have noted in a number of cases. DECS 100 SCRA 623 Facts: Petitioner Sabello. Manila. together with the barrio captain. Sabello was granted an ABSOLUTE PARDON by the President of the Republic of the Philippines. The barangay high school was in deficit at that time due to the fact that the students could hardly pay for their monthly tuition few. Sabello v. the barrio council through proper resolutions alloted the amount of P840. the only answer is that its officials can be sued for alleged grave errors in their official acts. only to be reinstated to the wrong position of a mere classroom teacher and not to his former position as Elementary School Principal I. if the petitioner had been unfairly deprived of what is rightfully his. The only part that the herein petitioner played was his being authorized by the said barrio council to withdraw the above amount and which was subsequently deposited in the City Treasurer's Office in the name of the Talisay Barrio High School. it yields to many accepted exceptions. the President of the Philippines who was earnestly campaigning was giving aid in the amount of P2.

Ruling: There is no duty imposed on a party against whom a decision has been rendered by the Civil Service Board of Appeals to appeal to the President. the water from the bilge. which he did not pump out while under his care). and that the tendency of courts has been not to subject the decision of the President to judicial review. and its decisions in such cases shall be final. Civil Service Board of Appeals 101 Phil 490 Facts: Montes was charged with negligence in the performance of duty (Dredge No. but the said court dismissed the action on a motion to dismiss. Issue: WON the lower court erred in applying Sec 2 of Commonwealth Act No. the Commissioner of Civil Service exonerated him. those of the Civil Service Board of Appeals need not be acted upon by the President also. on the basis of findings made by a committee. 85 | P a g e . But the Civil Service Board of Appeals modified the decision. before recourse may be had to the courts. without prejudice to reinstatement at the discretion of the appointing officer. which provides: The Civil Service Board of Appeals shall have the power and authority to hear and decide all administrative cases brought before it on appeal. on the ground that petitioner had not exhausted all his administrative remedies before he instituted the action. It is further argued that if decisions of the Auditor General may be appealed to the courts. unless revised or modified by the President of the Philippines. his action should be final and not reviewable by the courts because such a course of action would be derogatory to the high office of the President. The law which was applied by the lower court is Section 2 of Commonwealth Act No. It is also argued that if a case is appealed to the President. 598 in the instant case. Montes then filed an action in the Court of First Instance of Manila to review the decision. finding petitioner guilty of contributory negligence in not pumping.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer The petition is GRANTED in that the Secretary of the Department of Education. 598. The judgment appealed from is thus affirmed. and ordered that he be considered resigned effective his last day of duty with pay. Culture and Sports and/or his duly authorized representative is hereby directed to appoint petitioner to the position of Elementary School Principal I or its equivalent Montes v. 6 under him bad sunk because of water in the bilge.

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