Jose Rizal Memorial State University – College of Law

Administrative Law Reviewer
commission, administration, authority, board or bureau x x x ." INTRODUCTION I. Concept/definition of administrative law Republic v. Court of Appeals 200 SCRA 226 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. B. Test for determining administrative nature

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,

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.

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Jose Rizal Memorial State University – College of Law
Administrative Law Reviewer
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 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, administrative law defined in relation to

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 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? 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

Fernandez vs Sto. Tomas 248 SCRA 194 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

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Jose Rizal Memorial State University – College of Law
Administrative Law Reviewer
(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 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 agencies for creation of administrative

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. 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. 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 governmentowned 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,

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. and on a post-audit basis. municipal or barangay subdivisions or other forms of local government. GAB. ERB. This term includes regulatory agencies. chartered institutions and government-owned or controlled corporations. bureau. Those set up to function in situations wherein the government is seeking to carry on certain functions of government. endowed with some if not all corporate powers. not integrated within the department framework vested within special functions or jurisdiction by law. MWS) 4. city. Findings of these administrative agencies are rendered conclusive on the courts. HLURB) 5.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer owned or held in trust by or pertaining to.refers to the corporate governmental entity through which the functions of government are exercised throughout the Philippines. or a local government or a distinct unit therein. DAR. or special privilege. agencies or instrumentalities. 2. BoC. Definition of Administration US vs Dorr 2 Phil 332 E. (Bureau of Posts. including. Those set up to function in situations wherein the government is seeking to regulate business affected with public interest." (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. administering special funds. (BIR. Definition of Government of the Republic of the Phils. 4|Page . or any of its subdivisions. (LTFRB. grant. PNR. GSIS. and enjoying operational autonomy. including government-owned or controlled corporation with original charters. DDB) 6. the various arms through which political authority is made effective in the Philippines. G. office.PAO) 2. Definition of Agency of the government . the Government. (SSS. instrumentality. Definition of Instrumentality . save as the contrary appears from the context. or government-owned or controlled corporations. whether pertaining to the autonomous regions. COA) F. the provincial. 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. ECC. BI) 3. Those created to function in situations wherein the government is offering some gratuity. Administrative framework (Executive Order No. Those set up to function in situations wherein the government is performing some business service for the public. (MTRCB. including a department.refers to any of the various units of the Government. Those set up to function in situations wherein the government is seeking under the police power to regulate private business and individuals. (NLRC. 4.refers to any agency of the National Government. LRA. Relation between administrative courts agencies and Administrative agencies have certain quasi-judicial powers which allows them to interpret and apply rules and regulations. usually through a charter. 292) of the Philippines Iron and Steel Authority vs CA 249 SCRA 538 1. Types of administrative agencies 1. 3. 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.

of the Constitution of the United States. the right to trial by jury has not been extended here by the mere act of the cession of the territory. 4. That while the Philippine Islands constitute territory which has been acquired by and belongs to the United States. except such parts as fall within the general principles of fundamental limitations in favor of personal rights formulated in the Constitution and its amendments. she was recommended to the President for a CESO rank by the Career Executive Service Board. 1.” in section 5 extends to the Philippine Islands nearly all of the provisions of the Constitution known as the Bill of Rights. By the treaty the status of the ceded territory was to be determined by Congress. entitled “An Act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands. On September 15. The resolution became an impediment to the appointment of petitioner as Civil Service Officer. Ruling: Administration is the aggregate of those persons in whose hands the reins of government are for the time being. and except those express provisions of the Constitution which prohibit Congress from passing laws in their contravention under any circumstances. Article 111. 3. But there was excepted from it the provisions of the Constitution relating to jury trials contained in section 2. she was given a CES eligibility. and each was sentenced to six months’ imprisonment at hard labor and a fine of $1. That Congress has passed no law extending here the provision of the Constitution relating to jury trials. 1993. Creation of administrative agencies Eugenio vs CSC 243 SCRA 196 Facts: Petitioner is the Deputy Director of the Philippine Nuclear Research Institute.000. 934359. respondent Civil Service Commission2 passed Resolution No. and which exist rather by inference and the general spirit of the Constitution. 2. The defendants were tried and found guilty of the offense charged in the complaint. which motion was denied by the court. at the date of their cession. as provided for in Article 111. United States currency. under which the Philippine Islands were acquired from Spain. 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. Creation. and an exception was also taken to this ruling. During the course of the proceedings a motion was made by the defendants asking that they be granted a trial by jury. 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. consequently. and in the sixth amendment. That the mere act of cession of the Philippines to the United States did not extend the Constitution here. reorganization. and has the power to pass the libel law under which the defendants where convicted. for trials by jury. On August 2. All was not to turn well for petitioner. and consequently there is no law in the Philippine Islands entitling the defendants in this case to such trial. nor were any laws in existence in the Philippine Islands. She applied for a Career Executive Service (CES) Eligibility and a CESO rank. Rank IV. having the power to pass laws. and abolition of administrative agencies A. 1993. On October 1. and for other purposes. 5|Page . 1902. From this judgment the defendants have appealed to this court. that the provisions contained in the Constitution relating to jury trials do not fall within either of these exceptions. 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. II. section 2. 1993. The court reach the conclusion that the Philippine Commission is a body expressly recognized and sanctioned by act of Congress. and. and under the sixth amendment to the Constitution.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Facts: Dorr is the owner of newspaper “manila freedom” charge with the crime of libel together with Eduard O’Brian. That the Constitution was not extended here by the terms of the treaty of Paris.

it is supreme. defining its objectives. the lawmaking authority says so. On the other hand. No. the legislative department has the discretion to determine whether additional offices shall be created. When the purpose is to abolish a department or an office or an organization and to replace it with another one. But this is not saying that the rights of the incumbents of such positions may be impaired while the offices exist. Abolition of administrative agencies Busacay v. abolish the office.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 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. Ruling: Yes. what took place was a change in academic status of the educational institution not in its corporate life. if it sees fit. Buenaventura 93 Phil 787 Facts: Plaintiff Marcelino A. it was done in good faith and is valid. When in the exigencies of government it is necessary to create and define duties. 1341 did not abolish but only changed. or whether these duties shall be attached to and become ex-officio duties of existing offices. transitory or precarious in that they are subject to the power of the legislature to abolish them. Article VIII of the Constitution vests in the National Assembly the power to define.D. Section 2. Ruling: No. 1341 converting the Phil College of Commerce into a Polytechnic University. or convenient. All offices created by statute are more or less temporary. Court of Appeals 258 SCRA 134 Issue: WON the CSC had the power to abolish the career executive service board. De la Llana v. Crisostomo v. An office created by the legislature is wholly within the power of that body. prescribe and apportion the jurisdiction of the various courts. necessary. Held: The SC ruled in the negative. and the legislature may decide for itself what offices are suitable. Issue: Whether or not P. and it may prescribe the mode of filling the office and the powers and duties of the incumbent. Issue: WON the enactment into law of BP 129 was done in good faith. but was laid off due to the destruction of the bridge caused by flood. the solicitor general interposed a defense of legitimate exercise of the power vested in the Batasang Pambansa. and. "Except for such offices as are created by the Constitution." B. Issue: Whether or not the total destruction of the bridge abolished the position of toll collector. In so far as the legislative power in this respect is not restricted by constitutional provisions. 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. except for cause.D. the creation of public offices is primarily a legislative function. organizational structure and functions. subject to certain limitations in the cage of the Supreme Court. Held: No. Busacay notified the respondent Provincial Treasurer of his intention and readiness to resume his duties. classified as permanent by the Civil Service Commission. Busacay was a duly-appointed and qualified pre-war toll collector. When the bridge was reconstructed and reopened to traffic. the former PCC into what is now the PUP. and expanding its curricular offerings. Alba 112 SCRA 294 Facts: President Ferdinand E. but he was refused reinstatement. Marcos issued P. Neither the addition of a new course offerings nor changes in its existing structure and organization bring about the abolition of an 6|Page .

“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. National Land Titles and Deeds Registration Administration vs CSC 221 SCRA 145 Facts: he records show that in 1977. 649 was enacted to improve the services and better systematize the operation of the Land Registration Commission. Bulacan. On October 23. duties or powers. To this end. 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. Private respondent Garcia who formerly held the position of Deputy Register of Deeds II did not have such qualification. which is the qualification requirement prescribed for appointment to the position of Deputy Register of Deeds under Section 4 of Executive Order No. more or less. But these are hardly indicia of an intent to abolish an existing institution and to create a new one. so that it may be said in fact to create an office different from the one abolished. A reorganization is carried out in good faith if it is for the purpose of economy or to make bureaucracy more efficient. While said case was pending decision. for not being a member of the Philippine Bar. petitioner was also appointed under permanent status up to September 1984. Nor will changes in its existing structure and organization bring about its abolition and the creation of a new one. under temporary status. 1986. 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. 1987. She appealed to the Secretary of Justice but her request was denied.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer educational institution and the creation of a new one only an express declaration to that effect by the lawmaking authority will. 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". designated as Acting Branch Register of Deeds of Meycauayan. Ruling: If the newly created office has substantially new. to which position. a Bachelor of Laws graduate and a First grade civil service eligible was appointed Deputy Register of Deeds VII under permanent status. In a Memorandum dated October 30. Rather. her temporary appointment as such was renewed in 1985. different or additional functions. Issue: Whether or not membership in the Bar. The additional qualification was not intended to remove her from office. New course offerings can be added to the curriculum of a school without affecting its legal existence. it was a criterion imposed concomitant with a valid reorganization measure. Said position was later reclassified to Deputy Register of Deeds III pursuant to PD 1529. petitioner Garcia was issued an appointment as Deputy Register of Deeds II on October 1. 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. Reorganization. 1984. Petitioner Garcia moved for reconsideration but her motion remained unacted. She was for two years. now Secretary. Only an express declaration to that effect by the lawmaking authority will. for reasons of economy are given to an existing officer or office. 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). defined Prejudicial to the Best Interest of the Service. 649 (which took effect on February 9. The same is true if one office is abolished and its duties. the then Minister. Reorganization of administrative agencies 1. 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. petitioner Garcia was administratively charged with Conduct 7|Page . By virtue of Executive Order No. Said Memorandum of Termination which took effect on February 9. Executive Order No. It is thus clear that she cannot hold any key position in the NILTDRA. C. 1984. petitioner Garcia.

The Government may call upon the people to defend the State and. the appointing power. i. in the exercise of the powers granted by the Constitution. Sec. we hold the view that although the 1987 Constitution imposes limitations on the exercise of specific powers of the President. they assert: "The President has enumerated powers. the power to enter into treaties or international agreements. 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. 14-23]. the Constitution provides that "[t]he executive power shall be vested in the President of the Philippines. and the power to address Congress [Art.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Executive power III. the protection of 8|Page . the President may prohibit the Marcoses from returning to the Philippines. in the fulfillment thereof. 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. VII. supervision and investigation by the President A. Thus. to bar the Marcoses from returning to the Philippines. Section 1. defined Marcos vs Manglapus 177 SCRA 668 The issue is basically one of power: whether or not. However. the power to submit the budget to Congress. and what is not enumerated is impliedly denied to her. No person shall be deprived of life. the power of control over all executive departments. it maintains intact what is traditionally considered as within the scope of "executive power. under conditions provided by law. VII. pursuant to the express power of the Court under the Constitution in Article VIII. to wit: Section 4. the power to contract or guarantee foreign loans. the power to grant reprieves. liberty. executive power is more than the sum of specific powers so enumerated. The parties are in agreement that the underlying issue is one of the scopes of presidential power and its limits. In support thereof. bureaus and offices. In other words.. to wit: Section 1. Executive power. As stated above. Then. nor shall any person be denied the equal protection of the laws. It has been advanced that whatever power inherent in the government that is neither legislative nor judicial has to be executive. or civil service. we shall determine. the power to execute the laws.e. military." Corollary. 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." (Art. commutations and pardons. 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. Respondents argue for the primacy of the right of the State to national security over individual rights. Secs. the powers under the commanderin-chief clause. 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. the power to grant-amnesty with the concurrence of Congress. 1]. Whether or not the President has the power under the Constitution. they cite Article II of the Constitution. Inclusio unius est exclusio alterius. The prime duty of the Government is to serve and protect the people. to render personal." On these premises. or property without due process of law. the powers of the President cannot be said to be limited only to the specific powers enumerated in the Constitution. all citizens may be required. Power of control.

4 and 5. The petitioner alleged that the said law limits only the power of the National Police Commission into an administrative control over the PNP. and offices. 9|Page . control the bureaus and other offices under their respective jurisdictions in the executive department. the President is. thus. or from another point of view. the power to enter into treaties or international agreements. the protection of life. in the exercise of presidential functions. 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. However. as steward of the people. constrained to consider these basic principles in arriving at a decision. Carpio vs Executive Secretary 206 SCRA 290 Facts: The petitioner questioned the constitutionality of R. 1987 Constitution Section 17. the powers under the commander-in-chief clause.. among other things. 1]. (more than the sum of the powers enumerated) B. Section 17 Article VII. the President has the obligation under the Constitution to protect the people. Thus. bureaus.A. The President shall have control of all the executive departments.e. the power to contract or guarantee foreign loans. service and protection of the people. VII. defined – power of the president to nullify. and in short. VII. and the promotion of the general welfare are essentially ideals to guide governmental action. alter or set aside the decisions of a subordinate. the President has to consider these principles. commutations and pardons. and in directing implementing action for these plans. promote their welfare and advance the national interest. the power of control over all executive departments. Secs. modify. Power of control. in drawing a plan of government. the maintenance of peace and order. the power to grant reprieves. But such does not mean that they are empty words. Faced with the problem of whether or not the time is right to allow the Marcoses to return to the Philippines. It is founded on the duty of the President. More than that. under the Constitution. the problem is one of balancing the general welfare and the common good against the exercise of rights of certain individuals." [Art. and the power to address Congress [Art. and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. It must be borne in mind that the To the President. in making any decision as President of the Republic. bureaus and offices. The power involved is the President's residual power to protect the general welfare of the people." (Art.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer life. in turn. i. Sec. 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. having sworn to defend and uphold the Constitution. the power to execute the laws. the Constitution provides that "[t]he executive power shall be vested in the President of the Philippines. liberty and property. and by his authority. the appointing power. 1423]. H. Issue Whether or not the control over the PNP is vested soley to the Department Secretary of the DILG. the President’s power of control is directly exercised by him over the members of the Cabinet who. Thus. Secs. the power to grant-amnesty with the concurrence of Congress. 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. Ruling: As stated above.] Admittedly. the power to submit the budget to Congress. and adhere to them. and property. liberty. He shall ensure that the laws be faithfully executed. control remained with the Department Secretary under whom both the PNP and NAPOLCOM were placed. 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.

enforcement or administration of a law. it turned out that the increases in said various amendments were far in excess of the respective corresponding real areas of the lands involve. to forestall a violation of the separation of powers. although he may see to it that the corresponding provincial officials take appropriate disciplinary action therefor.A no 2370 and constitutes undue delegation of legislative power Issue: Whether or not the E. however. Held: Since the secretary of agriculture was empowered to regulate or ban trawl fishing. insofar as local governments are concerned. various land titles (Torrens titles) covering lands situated within the Province of Rizal were amended on the basis of supposed corrective resurveys.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. Held: Yes.O nos. upon the ground Sec. Although congress may delegate to another branch of the government the power to fill in the details in the execution. issued E. as authorized by law. in instances where the subdivision plans were complex. the President cannot interfere with local governments.124 and 126 to 129 creating municipalities. pursuant to section 68 of the Revised Administrative code. The corresponding certifications of the verifications of these resurveys were issued by the Land Registration Office.. 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. fix a standard. He may not enact an ordinance which the municipal council has failed or refused to pass. Hence. 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. This power is denied by the Constitution to the Executive. Noblejas vs Salas 67 SCRA 47 Facts: It appears that on several occasions prior to 1968. However. 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. defined – alter ego doctrine.O nos issued constitutes undue delegation of legislative power. can take over from him such authority and issue the executive order to exercise it. except on appeal from a decision of the corresponding provincial board. 93 to 121. carried out or implemented by the delegate. the action of the office being sufficient where the subdivision plans were simple. Issue: WON the executive orders in question are null and void. the said law: a. even if it had thereby violated a duty imposed thereto by law. headed then by petitioner Noblejas. 68 has been impliedly repealed by R. so long as the same or its officers act within the scope of their authority. in the exercise of his power of control. bureaus. Allegedly. or offices of the national government. no matter how patently unwise it may be. so much so that even vast portions of lands and waters of the public domain not 10 | P a g e . Doctrine of qualified political agency. 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. Emmanuel Pelaez. set aside or annul an ordinance passed by said council within the scope of its jurisdiction. be complete in itself. b. and subsequently approved by the court. Araneta vs Gatmaitan 101 Phil 238 Facts: The President of the Philippines issued Executive Orders restricting the banning of trawl fishing from San Miguel Bay.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Pelaez vs Auditor General 15 SCRA 569 Facts: The President of the Phil. C. as well as to act in lieu of such officers. However. He may not even suspend an elective official of a regular municipality or take any disciplinary action against him. it is essential. The petitioner alleges that executive orders are null and void. Neither may he veto.it must set forth the policy to be executed. the President. by increasing the respective areas covered by said titles. the authority to create municipal corporations is essentially legislative in nature. With respect to the latter. a group of other trawl operators questioned the said executive orders alleging the same as null and void.

Constitution of the Philippines) should be considered as embracing his office. . Thereafter. E. the abolition or creation of an executive office. exonerated the defendant from any criminal complicity in resurveys with expanded areas. 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. division or service. modify or revoke any decision or action of said chief of bureau. the constitutional power of the President of control of all executive departments. VII. Art. As a matter of fact. bureaus or offices (sec. . office. Power of supervision Mondano vs Silvosa 97 Phil 143 Facts : The petitioner is the duly elected and qualified mayor of the municipality of Mainit. and (2) concubinage for cohabiting with her daughter in a place other than the conjugal dwelling. 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. including the office of the President. with the approval of the Secretary of Justice. as well as to act in lieu of such officers. Limitations on the power of control Does not include: 11 | P a g e . governor issued Administrative Order No. or supplanting of decisions of quasi-judicial agencies. office. 2. 8 suspending the petitioner from office. modification. or to review. the same shall be understood as also conferred upon the proper Department Head who shall have authority to act directly in pursuance thereof. the Secretary of Justice as 'Department Secretary shall assume the burden and responsibility of all activities of the Government under his control and supervision. On 6 March the Assistant Executive Secretary indorsed the complaint to the respondent provincial governor for immediate investigation. duty. province of Surigao. Ruling: The power of control . the Provincial Board proceeded to hear the charges preferred against the petitioner over his objection. Accordingly. appropriate action and report. de Mosende filed a sworn complaint with the Presidential Complaints and Action Committee accusing him of (1) rape committed on her daughter Caridad Mosende. the suspension or removal of career executive officials or employees without due process of law. On 27 February 1954 Consolacion Vda. the setting aside. 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. whenever a specific power. division or service. 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 (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. on contested cases to have become final pursuant to law or to rules and regulations promulgated to implement the law. 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.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer capable of appropriation by any private person or entity have been included within the expanded titles. Aquino. Issue: Can the agent act for and in behalf of the principal. 3. the provincial. function. D. On the same day. Consequently. The provisions of the existing law to the contrary notwithstanding. Acts of the (alter ego) secretary is presumed to be that of the president. authority. since he acts also as alter ego of the President. . implies the right of the President 1. 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 activity is entrusted to a chief of bureau.

** 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. it must be exercised in accord with general principles of law. 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. nor an act of maladministration. Further. 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. 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. The President elect Ruperto Taule Vice-President. which are distinct and separate. section 10. The Secretary of Finance is an official of the central government. 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. paragraph 1. may direct the form and manner in which local officials shall perform or comply with their duties. not of provincial governments. Ruling: The court granted the petition.Leo Sales Respondent Leandro L Verceles.Vicente Avila Treasurer. Likewise. 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. 12 | P a g e . but he does not have the same control of local governments as that exercised by him over bureaus and. In administrative law supervision means overseeing or the power or authority of an officer to see that subordinate officers perform their duties. to take such action or steps as prescribed by law to make them perform their duties. 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 substitute the judgment of the former for that of the latter. of the Constitution. the court ruled that the act of the provincial board in suppressing the positions of three special counsel not being contrary to law. article VII. may not generally be interpreted to mean that hem or his alter ego the Secretary of Finance. Article VII of the Constitution). the Secretary of Local Government.Allan Aquino Secretary. Issue: Whether or not the said resolution requires the approval of the Secretary of Finance. nor an act of abuse. 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. The power of general supervision granted to the President over local governments.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Administrative Code. 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. Control. on the other hand. 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. the Provincial Treasurer and the Provincial Election Supervisor walked out. in the absence of any express provision of law. such interpretation would be contrary to the provisions of paragraph 1. Santos. The power to oversee that the officials concerned performs their duty and if they later fail or neglect to fulfill them. While the Secretary of Finance has the power to revise their budget. direction. Governor of Catanduanes sent a letter to respondent Luis T. offices under his jurisdiction. 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.Fidel Jacob Auditor. 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.

2. i. Legislative power is the power to propose. 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. No function is capable of exact definition. Executive power is the power to execute and implement the laws. each power being under the principal control of a branch of government. 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. If the law is silent as to the control which the President may exercise. The Doctrine of Separation of Powers. If the agency is created by Congress. The legislative power is granted to the Congress. Assuming that the respondent Secretary has jurisdiction over the election protest. • Basis for blending of powers: 1. 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. The heart of the doctrine is that the basic powers of the government must be kept separate from each other. the executive power to the President. 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. 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. 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. and the judicial power to the Judiciary.. 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. 13 | P a g e . Respondent Secretary issued a resolution nullifying the election of the officers of the FABC in Catanduanes held on June 18. 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. defined Distribution of powers of government: 1. Purpose of doctrine Phil. C. Power of review of other executive officers. Doctrine of separation of powers 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. B.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer A. enact. If such correction is necessary. F. amend and repeal laws. consider the law that created it. POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES I. to see to it that the laws are faithfully executed. the President can only supervise. they nevertheless exercise the same in concert that they can work with other departments and conduct checks and balances regarding the actions of each. Blending of powers – though each department has their own duties and functions. Petitioner filed a motion for reconsideration of the resolution but it was denied by respondent Secretary. Description is only a generalization concerning its principal but not all of its characteristics. though not mentioned anywhere by such name in the 1987 Constitution. can be inferred from its provisions.e. 3. it must be done by the authority exercising control over the subordinate or through the instrumentality of the courts of justice. The President as Chief Executive exercises control over agencies and offices which perform rule-making or adjudicatory functions." The general supervision is exercised by the President through the Secretary of Local Government.

therefore. but merely the ascertainment of the facts and circumstances upon which the application of said law is to be predicated. Where the sovereign power of the State has located the authority. "to promote safe transit upon. II. 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. 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. the petitioner contended that such act is invalid delegation of legislative power. 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. 239 SCRA 386 Facts: Petitioner KMU question the constitutionality of the memoranda no. 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. General rule US vs Barrias 11 Phil 327 Ruling: One of the settled maxims in constitutional law is. in his contention. 92-009 invalid. But it cannot be said that the exercise of such discretion is the making of the law. 92-009 issued by the DOTC and LTFRB which. 14 | P a g e . to wit. The petitioner. is not the determination of what the law shall be. Jr. Issue: WON the said constitute an invalid delegation of legislative power. Doctrine of non-delegation of powers what has been delegated cannot be delegated. The respondent public official asserted that such promulgation of rules is in connection with the powers vested to them by the said law. 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. 3. and by the constitutional agency alone the laws must be made until the constitution itself is changed. C. in view of the condition of the road or the traffic thereon and the requirements of public convenience and interest. Further. 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. 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. Legislature delegated to the defunct Public Service Commission the power of fixing the rates of public services. is an administrative function which cannot be directly discharged by the National Assembly. in his capacity as taxpayer questioned the constitutionality of Commonwealth Act 548. Prohibition against re-delegation. Exception to the general rule Calalang vs Williams 70 Phil 726 Facts: Calalang." The delegated power. Practical necessity of exercising powers incidental to those that are express or are appropriate to it. even if such incidental powers should fall within the category of functions pertaining to another department. Issue: WON the Memoranda issued is constitutional? Ruling: Petition granted and held the memoranda No. there it must remain. among others. that the power conferred upon the legislature to make laws cannot be delegated by that department to any other body or authority. and avoid obstructions on. The Constitution allocated to the several departments specific powers which in their nature did not ordinarily pertain to them. Ruling: The Supreme Court ruled that the said act is not an invalid delegation of power. B. A. if at all. exceptions KMU vs Garcia.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 2.

authorized to delegate that power to a common carrier. 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. Given the complexity of the nature of the function of rate fixing and its far-reaching effects on millions of commuters. 2. so does the difficulty of administering the laws. 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. 202 dated June 19. Statutes – rules and regulations promulgated by the legislature. Section 5(c) of the said executive order authorizes LTFRB "to determine. who have pending interference and cancellation proceedings.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Respondent LTFRB. Sources of powers of an administrative agency 1. rates and other related charges." Such delegation of legislative power to an administrative agency is permitted in order to adapt to the increasing complexity of modern life. III. Hence. Judgment and discretion will still be exercised by him since that the parties will still be able to adduce evidence. With this authority. limited and defined. it is the Director who should personally hear the cases of petitioners. approve and periodically review and adjust reasonable fares. Potestas delegata non delegari potest. the responsible regulatory body is entrusted with the power of subordinate legislation. is likewise vested with the same under Executive Order No. the PSC and LTFRB alike. However. 14. Powers of administrative agencies. 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. the rule also provided that judgment on the merits shall be personally and directly prepared by the Director and signed by him. B. nowhere under the aforesaid provisions of law are the regulatory bodies. What has been delegated cannot be delegated. 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. prescribe. 1975 Facts: This is an original action in the Supreme Court for Mandamus with preliminary injunction. Moreover. a transport operator. Constitution – is the body of rules and principles by which the fundamental powers of the government are established. relative to the operation of public land transportation services provided by motorized vehicles. 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. government must not relinquish this important function in favor of those who would benefit and profit from the industry. Petitioners herein. Issue: Whether or not the Director has the power to delegate his functions. 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. an administrative body and in this case. the existing regulatory body today. 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. 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. Limitations to the powers of an administrative agency 15 | P a g e . Given the task of determining sensitive and delicate matters as route-fixing and rate-making for the transport sector. in general A. 1987. As subjects for governmental regulation multiply. American Tobacco vs Director of Patents 67 SCRA 287 GRN L26803 Oct. specialization even in legislation has become necessary. unless by express provisions of the Act or by implication it has been withheld. or other public service.

v. Moreover. Ruling : There was nothing in said law to suggest the expiration of such powers granted to the BOT. 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. the authority given should be liberally construed in the light of the purposes for which it was created. 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. Quasi Judicial – refers to orders. six (6) months after its promulgation. The secretary appealed the lower court’s decision. by replacing or allowing them to become legitimate and responsible operators. C. 1958. The record shows that the petitioners' fishpond permit was issued in 1948 while the Act took effect on June 3. 647). The secretary of public works designated the City Engineer to conduct hearings on the same and eventually ordered the same be removed. 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 16 | P a g e . 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. privileges.etc. Secretary of Public Works and Communications (19 SCRA 637). 449) and Meneses v. et al. • Nature of the powers of administrative agencies Quasi legislative – consists of issuance of rules and regulations. 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. The same rule was applied in Lovina v.. dikes x x x which encroaches into any public navigable river. and determination of rights. Ruling : Section 1 of Republic Act 2056 is explicit in that "Any provision or provisions of law to the contrary notwithstanding. 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. It is a settled principle of law that in determining whether a board or commission has a certain power. Issues : Whether or not the secretary had the power to order an investigation and order the removal of the encroachment made on the river. (supra) Santos etc. The petitioner countered that they were given permission by the Bureau of Fisheries. Republic Act 2056) takes precedence. Therefore. and that which is incidentally necessary to a full implementation of the legislative intent should be upheld as being germane to the law.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Matienzon vs Abellera 162 SCRA 1 Facts : Petitioners and private respondents are taxicab operators. general applicability. Commonwealth (69 Phil. applies to a specific situation. the construction or building of dams. stream. 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. rewards or decision. and prospective in application. Commonwealth (69 Phil. 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. (fact finding investigate) Depends on the enabling statute D. 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.

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. can be passed upon or reviewed by the Commissioner of Civil Service. Petitioner contends the nature of services that was contracted with the lawyer. 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. Nonetheless. extravagant or unconscionable expenditures or uses of government funds and properties. alter. No public funds will be disbursed for the payment to private lawyers unless prior to the hiring of said lawyer. Petitioner herein contends that the Civil Service Act impliedly repealed RA 557 which provides. 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. Moreover. It has the power and authority to issue a cease and desist order under RA 4850 and its amendatory laws. separation or suspension which the Commissioner is thereunder empowered to pass upon. Such power. It bears repeating that the purpose of the circular is to curtail the unauthorized and unnecessary disbursement of public funds to private lawyers for services rendered to the government. unnecessary. The COA held several persons liable for payment of the amount due to said lawyer which included herein petitioner. Atty. Respondent contends that there was a memorandum prohibiting the hiring of private lawyers without following the necessary procedures required by the COA. furthermore. Satorre. who was compensated by virtue of a contract entered by the NPC and the former. 22 of RA 409 so as to vest in the Commissioner of Civil Service exclusive and original jurisdiction to remove. separation and suspension" of classified service employees presupposes. the power vested in another official to originally or initially decide the removal. Blaquera vs Alcala 295 SCRA 411 17 | P a g e . The case stemmed from the hiring of a private lawyer. there is a written conformity and acquiescence from the Solicitor General or the Government Corporate Counsel. with no appeal therefrom. the saving clause "Except as otherwise provided by law. particularly Section 16 (i) thereof. 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. among others. the Commissioner's "final authority to pass upon the removal. likewise an administrative agency has also such power as are necessarily implied in the exercise of its express powers. excessive.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer policemen. rather than negates. LLDA v. it does not obtain at all in those instances where the power of removal is by law conferred on another body alone. 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 power to make. as in the case provided for in Section 14 of Republic Act 296. Ruling : Republic Act 2260. 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. suspension or separation effected by said City Council or City Mayor. namely." Accordingly. that charges against policemen shall be referred by the mayor and investigated by the city or municipal council. is subject to an express limitation contained in Section 16(i). 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. or modify orders requiring the discontinuance of pollution is also impliedly bestowed upon LLDA by EO 927. Section 16 (i) of Republic Act 2260 leaves no doubt that the removal.

On January 19. Issues : Whether or not the issued Administrative Orders are valid. Book V). 268 ("AO 268"). who are the herein respondents. 1993. ministerial duty 18 | P a g e . regulations. The said request was denied by the DECS for not complying the requirements prescribed by the Department. and standards promulgated by the Commission. 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. or other improvement of government operations. E. and other personal efforts contribute to the efficiency. or in relation to. superior accomplishment. 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. Ramos ("President Ramos") issued Administrative Order No. Such function belongs to the President or his duly empowered alter ego.00 3 and reiterating the prohibition 4 under Section 7 5 of Administrative Order No. 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. or who perform such other extraordinary acts or services in the public interest in connection with. enjoining the grant of productivity incentive benefits without prior approval of the President. 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. the petitioners have come before the Supreme Court to seek relief. The private respondent then filed a petition before the RTC of Makati with the same cause of action now using amount of the incentives. then President Fidel V. their official employment. and the Omnibus Rules Implementing Book V 2 of EO 292. Ruling : The Ombudsman is vested with authority to preventively suspend officers as contained in sec.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Facts : Petitioners are officials and employees of several government departments and agencies who were paid incentive benefits for the year 1992. The said case was dismissed.000. Discretionary powers vs. As a consequence thereof. 29 ("AO 29") authorizing the grant of productivity incentive benefits for the year 1992 in the maximum amount of P1. otherwise known as the Administrative Code of 1987. To prevent the respondents from making further deductions from their salaries or allowances." It is not the duty of the Commission to fix the 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. Issues : Whether or not the ombudsman has power to suspend government officials and employees pending investigation of administrative complaints. undaunted the private respondent appeal before the CA which later affirmed the decision of the lower court. economy." In compliance therewith. 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." (Chapter 5. 24 of the Ombudsman Act. Subtitle A. Conformably. inventions. pursuant to Executive Order No. Carino vs Capulong 222 SCRA 593 Ruling : In accordance with rules. the heads of the departments or agencies of the government concerned. caused the deduction from petitioners' salaries or allowances of the amounts needed to cover the alleged overpayments. AMA Computer College situated in Davao city operated as an Educational Institution without the required authorization that must be secured first before the DECS. 292 1 ("EO 292"). Section 4 of AO 29 directed "[a]ll departments. 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.

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. 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. The Minister sought the approval of the president which was favored by the latter. In 1990. petitioner was designated by then Minister Gonzales as General Manager of the PTA. in a prescribed manner. Discretionary power. 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. Accordingly. 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 private respondent contended that the same should be permitted to operate because DECS is only performing a ministerial power over the circumstance. Issues : Whether or not granting of the petition for relief from judgment is ministerial? Ruling : Ministerial duty in granting appeal. Mateo vs CA 196 SCRA 280 Facts : Petitioners filed an action for the recovery of a parcel of land. RTC ruled in favor the petitioner. and gives him the right to decide how or when the duty shall be performed. Judge denied petition for relief from judgment. is one which an officer or tribunal performs in a given state of facts. If the law imposes a duty upon a public officer. In 1986. Petitioner filed mandamus. Issues : Whether or not the public petitioner exercised ministerial or discretionary function.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer the organization of the parents of their students. in obedience to the mandate of legal authority. upon the propriety of the act done. Ministerial duty. 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. in obedience to the mandate of legal authority. Petitioner filed relief from judgment. without regard to or the exercise of his own judgment (remedy mandamus) 2. The Court further distinguished ministerial and discretionary powers. and gives him the right to decide how or when the duty shall be performed (remedy certiorari) 3. respondent was the new Secretary of Tourism and asked for the resignation of the petitioner. 19 | P a g e . But deciding on judging on the appeal is discretionary. Issued execution of judgment for private respondent. 1. Importance of knowing distinction – to determine the remedies available… 4. defined . 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. Issue : Whether or not petitioner was validly appointed to his position. this petition. A purely ministerial act or duty to a discretional act. without regard to or the exercise of his own judgment. Hence. such duty is ministerial only when the discharge of the same requires neither the exercise of official discretion nor judgment. in a prescribed manner. The said court presided by the respondent Judge issued the preliminary injunction sought by the private respondent. defined .is one which an officer or tribunal performs in a given state of facts.

if not chaos and total disruption of the operations of the government. leaving the person concerned no choice on the matter except to obey. or negatively that something be not 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. Acts executed against the provisions of mandatory or prohibitory laws shall be void. 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. Appointment involves the exercise of discretion. F. 1. whereby any stranger or informer would be allowed to usurp and control the official functions of the Commissioner of Internal Revenue would create disorder and confusion. The military invoked the nonsuability of the state. Issue: WON the writ of mandamus is correct. Ruling : Thus. 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. 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. vs Savellano 117 SCRA 804 Facts : Petitioner was applying for a position for guidance counselor in a school (navy based) which was denied even though she was qualified.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 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. and his decision is sustained by the Secretary. which because of its nature cannot be delegated. it was not possible for Minister Gonzales to assume the exercise of that discretion as an alter ego of the President. Error in the exercise of powers 1. 2. Legally speaking. An officer to whom a discretion is entrusted cannot delegate it to another. 20 | P a g e . 5. Mandatory/prohibitory and permissive/directory duties and powers Article 5 Civil Code Art. not by any other officer. now Minister of Finance (whose act is that of the President unless reprobated). and unless the power to substitute another in his place has been given to him. he cannot delegate his duties to another. effect Permissive/directory statute. 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. or performed in a particular way. A contrary view. Doctrine of non-suability of the state inapplicable – the state cannot be sued without its consent. the presumption being that he was chosen because he was deemed fit and competent to exercise that judgment and discretion. Filed a case against the military officials concerned because of discrimination. defined and Meralco Securities Corp. effect Mandatory/prohibitory statute. plus interests and surcharges due thereon and to pay private respondents 25% of the total amount collectible as informers’ reward. defined and Facts: This case sought to set aside and annul the writ of mandamus issued by Judge Savellano. except when the law itself authorizes their validity. 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. G.

Thereafter. require the disclosure of information by means of accounts. The members were originally 11 but reduced to 7. and control the range of investigation. Petitioner contended that it is unacceptable that the COA Chairman and Auditor had no jurisdiction. In fact. testimony of witnesses. 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. statements. They caused the withholding of the subsidy case endorsed to the court. 2. the faculty of receiving evidence and making factual conclusion in 21 | P a g e . in connection with the enforcement of laws affecting particular fields of activity. The chairman directed to collect short levies and overpriced subsidies to apply the same to settlement of short levies should they fail to pay. Scope and extent of powers Issue : Whether or not the non-suability clause applies. 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. Acts done by an official are presumed to be valid. the investigatory powers of administrative agencies. 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. secure. As a result of the said action. Issue: WON the CHR has jurisdiction over certain specific type of cases. 3. COA agreed to release the subsidy provided they post a bond equal to the amount of the disputed claim. To be considered such. is one of the distinctive functions which sets them apart from the court. the DECS secretary dismissed from the service one of the private respondents and the other nine were suspended. records. the proper regulation and/or promotion of which requires a technical or special training. IV. Ruling : The legal presumption is that official duty has been duly performed. Investigatory Powers A. unless there is absolutely no evidence in support thereof or such evidence is clearly. manifestly and patently insubstantial. 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. 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. 2. reports.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer underlying our Administrative Law is that courts of justice should respect the findings of fact of said administrative agencies. 'aside from a good knowledge and grasp of the overall conditions. respondent chairman of the coconut authority initiated a special coconut end-user companies which included the petitioner. containing in the nation. or otherwise. relevant to said fields. therefore estoppels does not apply. initiate action. Issue: WON respondent COA chairman may disregard the PCA rules and decision had became moot. production of documents. They are conferred on practically all administrative agencies. or their power and facilities to investigate. and it is 'particularly strong as regards administrative agencies x x vested with powers said to be quasi-judicial in nature. The consequent policy and practice De Leon : Investigatory or inquisitorial powers include the power to inspect.

that the constitution and the Ombudsman Act have intended to confer upon 22 | P a g e . Private Respondent Phil.” The major factors considered in the evaluation were the applicants’ financial condition. Thereafter 3 lowest bidders for the project were known PBAC-CSTE recommended F. Art. 15 of R.A 6670 MWSS was diverted to set aside the recommendation of MWSS to award contract. etc.3 million liters of water daily to about 3. being the lowest complying bidder.. MWSS caused the publication or an “invitation for pre-qualification and bids...8 million people in the Metropolitan area. 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. or omission that may not be the subject of investigation clearly among the cases exempts the same by his office. 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. Ombudsman. 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.) Concerned Officials of MWSS vs Vasquez 240 SCRA 502 Facts: MWSS launched the Angat Water Supply Optimization Project in order to provide about 1. Receive evidence and make findings of facts as regard claimed human rights violation involving civil and political rights. but other members both disagreed and opted for a rebidding bating the contract to be awarded to Joint Venture. 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. subject to such appeals or modes or review as may be provided by law. it is difficult to equally concede however. functions and duties of the office under Sec. finally and definitely. Can an administrative agency perform investigation with or without quasi-legislative or quasi-judicial power? Yes. unjust. But MWSS Board Committee on construction Management and Board Committee on Engineering that contract be awarded to F. action in the SC and cited that respondent Ombudsman acted beyond the jurisdiction notwithstanding that Section 20 of the Ombudsman Act. The function of receiving evidence and ascertaining facts of controversy is not judicial function. Inc. Large Diameter Pressure Pipes Manufacturers’ Association sent letters offering suggestions on the technical specifications. which enumerated the administrative act. 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 PBAC-CTSE. through its President filed with the office of the Ombudsman a letter-complaint protesting the public bidding conducted by the MWSS to favor suppliers of fiberglass pipes and urging the Ombudsman to conduct an investigation there on. For the reason that some agencies are formed for the sole purpose of investigation only (fact finding.13. in its fact-finding investigation pursuant to power. The most that may be conceded to the CHR in the way of adjudication power is that it may investigate.F. Cruz and Co. Ruling : No.eg. PLDPPMA. The power to investigate does not carry with it the power to adjudicate.F Cruz and Inc. The project was financed by funds loaned by the Overseas Economic Coop Fund of Japan to the National Government. XI of the Constitution. While the broad authority of the Ombudsman to investigate any act or omission which xxx appears illegal. To be considered such. technical qualification and experience to undertake the project. improper or inefficient may be yielded.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer controversy may be accompanied by the authority of applying the law to those factual conclusions. Petitioner filed a special civil.

Ombudsman is also empowered to direct the officer concerned. However. unjust. in this case the Special Prosecutor. improper. Petitioner filed with the CA a petition for prohibition with a prayer for TRO which granted the latter prayer. (substantial right – can be given notice and hearing) Ruling : From the procedures earlier abstracted. The RTC of Manila issued a TRO to maintain a status quo ante. Issue : Whether or not the Ombudsman has jurisdiction over the case. which involves the exercise of discretion. 103570 refers to a petition for review on the decision of the court of appeals consolidated with GR No. 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. 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. 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. 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. The SC dispensed with the comment of the Solicitor General for the public respondents it being that the Facts: A request for extradition was filed against Mark Jimenez for alleged violation of many criminal laws in the US. Secretary of Justice vs Lantion 322 SCRA 160 While the authority of the ombudsman to investigate any act or omission of any public officer or employee. to take appropriate action against a public official and to recommend his prosecution. 23 | P a g e . the Ombudsman has exceeded his power by reviewing the award and granting it to another bidder. petitioner filed with the Supreme Court a petition for certiorari and prohibition with prayer for TRO. B. on the question of whether to accept or reject a bid and award contract vested by law in a government agency. notice and hearing may be dispensed with. Ruiz vs Drilon 209 SCRA 695 Facts : GR No. which appears illegal. As protector of the people. hence MJ filed a petition for mandamus before the RTC of Manila to compel the DOJ to furnish him the documents. which depends upon the stage of the proceedings. Reference to the U. after the filing of the extradition petition and during the judicial determination of the propriety of extradition. as executive secretary denied. or inefficient. 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 law is silent as to these rights. Petitioner undertook to ask for a reconsideration on the same which respondent Drilon.S. The DOJ denied the request. 6770. unjust. extradition procedures also manifests this silence. is broad. 101666 for certiorari and prohibition to review the decision of the executive secretary. MJ requested copies of all documents and papers relative to the request that the proceedings be suspended for the meantime. The DOJ formed a panel of lawyers to review and study the request. prior thereto. Thus. hence the DOJ filed an appeal to the SC. the office of the Ombudsman has the power. The CA dismissed the petition on the ground that the petition was not meritorious and a case of forum shopping. the rights of notice and hearing are clearly granted to the prospective extradite. 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. Requirement of notice and hearing – when the law is silent. Ruling : The Court ruled in positive manner. Pending the review. other than those specifically excepted under the Constitution and Republic Acts No. Further.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer it veto or provisory power over an exercise of judgment or discretion is lawfully vested. Issue: Whether or not MJ is entitled to notice and hearing during the preliminary or the evaluation stage of the extradition treaty against him. improper or inefficient. After eight days.

C. Moral was ordered dismissed from the government service. Issue: Whether the Agency. For a realistic performance of these functions. Executive power to investigate. 4 of January 7. source Section 64c Revised Administrative Code Pefianco vs Moral 322 SCRA 439 Facts: Ma. and a reasonable opportunity to meet the charges and the evidence presented against her during the hearings of the investigation committee. including the power to summon witnesses by subpoena or subpoena duces tecum. any unnecessary extension of the privilege would thus be unwise. who was later replaced by Secretary Pefianco. Secretary Gloria moved to dismiss the mandamus case for lack of cause of action but the trial court denied his motion. 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. thus elevated the case to the Court of Appeals on certiorari which sustained the trial court. Luisa Moral instituted an action for mandamus and injunction before the regular courts against Secretary Gloria. 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. Respondent no doubt had been accorded these rights. Pursuant to his special powers and duties under Section 64 of the Revised Administrative Code. administer oaths. Right to counsel in administrative investigations – a counsel may or may not assist a person under investigation. enjoys the authority to issue subpoenas in its conduct of fact-finding investigations. Respondent did not appeal the judgement . E. which order that preliminary injunction restraining respondent from further issuing subpoena in connection with the fact finding investigation against petitioner.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer pleadings and papers already filed were already adequate for them to act on said petition. 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. He is entitled only to the administrative decision 24 | P a g e . / 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. 1 the President of the Philippines created the Presidential Agency on Reforms and Government Operations (PARGO) under Executive Order No. acting thru its officials. take testimony or evidence relevant to the investigation. 1966. bagatsing et. 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 administrative orders. al. Importance of administrative investigations 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. 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. Ruling : Since the only purpose of investigation is to discover facts as a basis of future action. (Remolona v. the President vested in the Agency all the powers of an investigating committee under Sections 71 and 580 of the Revised Administrative Code. based on substantial evidence made of record. CSC) D.

However. 25 | P a g e . through its executive secretary. Sometime in 1992. 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.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer • Power of the president –to order. Acting on a report by then acting Finance Secretary Leong. As a presidential appointee who belongs to career service of the Civil Service. 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. 1966. the President. 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. 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. 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. Thereafter. 1987 Administrative Code • Residual Powers – unless congress provides otherwise. Petitioner contends that he is a Career Executive Service officer and he cannot be removed. For a realistic performance of these functions. committee. Consequently. take testimony or evidence relevant to the investigation. which order that preliminary injunction restraining respondent from further issuing subpoena in connection with the fact finding investigation against petitioner. 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. On the other hand. he falls under the disciplining authority of the president. Administrative agencies may enforce subpoenas issued in the course of investigations. administer oaths. bagatsing et. or person by whom such investigation shall be conducted. 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. 1 the President of the Philippines created the Presidential Agency on Reforms and Government Operations (PARGO) under Executive Order No. and whether or not probable cause is shown and even before the issuance of a complaint. Pursuant to his special powers and duties under Section 64 of the Revised Administrative Code. al. issued a memorandum creating an executive committee to investigate the administrative charge against petitioner. a decision was rendered by the Sandiganbayan convicting petitioner of grave misconduct. or which are not delegated by the President in accordance with law. when in his opinion the good of the public service so requires. an investigation of any action or the conduct of any person in the Government service. petitioner submitted a position paper as required by the committee. 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. respondents contended that since petitioner is a presidential appointee. whether or not adjudication is involved. the President vested in the Agency all the powers of an investigating committee under Sections 71 and 580 of the Revised Administrative Code. including the power to summon witnesses by subpoena or subpoena duces tecum. and in connection therewith to designate the official. 4 of January 7. Section 20 Book III. 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.

2 . it must not amend an act of the legislature. Nature of power. and in practical effect.The Congress may. Section 28.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Requirements in issuing a subpoena: 1. Remolona and Atty.) Sections 23. and other duties or imposts 26 | P a g e . Thus. that his wife has no knowledge and that he did it because he wanted them to be together. etc.the power to issue rules and regulations. Ruling: The fishery laws did not expressly prohibit electro fishing. authorize the President. by law. an administrative regulation must be in harmony with law. People vs Maceren 79 SCRA 450 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. even if said defects of character are not connected with his office. authorize the President to fix within specified limits. 2. 1. Ruling : If the government officer or employee is dishonest or is guilty of oppression or grave misconduct. tonnage and wharfage dues. Nery C. Remolona admitted that he was responsible in acquiring the alleged fake eligibility. it is said that administrative agencies have no legislative power and are precluded from legislating in the strict sense. with the power to make law. A. penalizing electro fishing in fresh water. CA dismissed the petition and therefore a review by the SC. for a limited period and subject to such restrictions as it may prescribe.In times of war or other national emergency. import and export quotas. definition – Administrative agencies are endowed with powers legislative in nature or Facts: The case at bar involves the validity of a 1967 regulation. the essential legislative functions may not be delegated to administrative agencies and in this sense. A formal charge was filed against petitioner Remolona. Remolona’s name is not in the list of passing and failing examinees. 3. Unless sooner withdrawn by resolution of the Congress.2. by law. and subject to such limitations and restrictions as it may impose. Quezon. However. The lawmaking body cannot delegate to administrative official the power to declare what act constitute a criminal offense. After an investigation. 2. 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. such powers shall cease upon the next adjournment thereof. Hadji Sdupadin for possession of fake eligibility. CSS found Estelito Remolona and Nery remolona guilty but Nery Remolona was absolved from legibility. falsification and dishonesty. Constitution Section 23. 28.25% of as per report of rating issued by the National Board for Teachers. On appeal. they affect his right to continue in office. 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. proclamations. Within the authority of the agency Information is reasonably relevant Demand is not indefinite quasi-legislative.2. the Congress may. Issue: Whether or not the Fishery Administrative Order No. Electro fishing is now punishable by virtue of PD 704. Remolona who got a rating of 81. to exercise powers necessary and proper to carry out a declared national policy. Article VI. Ordinance power of President/Delegation to the President the The president has the power to issue rules and regulations (executive orders. 84 penalizing electro fishing. District Supervisor of the DECS inquired from the Civil Service Commission as to the status of the Civil Service eligibility of Mrs. tariff rates. Rule making power . V. .

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. EO issued by the secretary was valid since that it was part of the agencies functions. Sec. to guide the administrative body concerned in the performance of its duty to implement or enforce said policy. Administrative Orders. Such law is not deemed complete unless it lays down a standard or pattern sufficiently fixed or determinate. . 1987 Admin. Such delegated power the rules and regulations promulgated should be confined to and limited by the power conferred by the legislative act. Book III. for information or compliance. 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. Title I. 5.Acts of the President fixing a date or declaring a status or condition of public moment or interest. Sec. 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. 43 Phil. Code Chapter 2 ORDINANCE POWER Sec. Memorandum Circulars. : Whether or not the issuance of the executive order was Ruling : Before the issuance of the eo. 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. 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. a resolution by the municipality allowed thrall fishing. 3. Proclamations. 7. Issue valid. shall be embodied in memorandum circulars. Isabela or Nueva Viscaya. . Executive Orders. shall be promulgated in proclamations which shall have the force of an executive order. . However. vs Aldanese. 2. .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. 259 Facts: Walter Olsen. 27 | P a g e . agencies. . 6. Sec.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. 3. upon the existence of which the operation of a specific law or regulation is made to depend. at least. which the President desires to bring to the attention of all or some of the departments. 7. Chapter 2. bureaus or offices of the Government.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer within the framework of the national development program of the Government.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. 4. 6. or. Olsen & Co. Memorandum Orders.Acts of the President on matters relating to internal administration. a group of other trawl operators questioned the said executive orders alleging that the same is null and void. Sec. General or Special Orders. Araneta v. 4. Sec. 5. Sections 2.. 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.

he shall affix his signature on each and every page thereof. Sangguniang Panlungsod. (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. Delegation to LGUs Sections 5 and 9. fees. 56. It simply deals with procedural aspects with court has the power to regulate by virtue of its cons rule-making power. thereby making the ordinance or resolution effective for all legal intents and purposes. 7160 SECTION 54. Appeals from decisions of BOI. Issue: Whether or not CA has jurisdiction. Sections 54. 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. consistent with the basic policy of local autonomy. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases. 2. and ten (10) days in the case of a city or a municipality. 55. which may proceed to reconsider the same. or Sangguniang bayan shall be presented to the provincial governor or city or municipal mayor. Section 9. and charges shall accrue exclusively to the local governments. the integrated bar.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 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. Section 5. otherwise. 57. fees and charges subject to such guidelines and limitations as the Congress may provide. he shall veto it and return the same with his objections to the Sanggunian. The Sanggunian concerned may override the veto of the local chief executive by two-thirds (2/3) vote of all its members. it is temporarily restrained BOI from implementing decision. increase. Mariwasa oppose filed motion for reconsideration. the admission to the practice of law. pleading. or modify substantive rights.O 226 grants the right of appeal from decisions of BOI. marking and packing of leaf or manufactured tobacco of good quality and the handling of it under sanitary conditions. Republic Act No. practice. . are brought to CA. otherwise. Constitution Promulgate rules concerning the protection and enforcement of constitutional rights. shall be uniform for all courts of the same grade. 20 days lapsed without respondent court issuing preliminary injunction. Each local government unit shall have the power to create its own sources of revenues and to levy taxes. and procedure in all courts. as the case may be. (c) ordinances enacted by the Sangguniang Barangay shall. which statutes allowed to be filed with SC. upon approval by the majority of all its members. court appellate. Delegation to the Supreme Court 3. the ordinance shall be deemed approved as if he had signed it. Lepanto filed motion to dismiss.(a) Every ordinance enacted by the Sangguniang Panlalawigan. Held: Yes. If the local chief executive concerned approves the same. 28 | P a g e . Constitution Section 5. Article VIII. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. and shall not diminish.5. be signed by the Punong Barangay. Mariwasa filed petition for review with respondent CA. Legislative bodies of local governments shall have sectoral representation as may be prescribed by law. Jurisdiction over BOI vested with SC. Approval of Ordinances . E. Article X. Circular 1-91 repealed or suspended EO 226 in so far as the manner of appeal. and legal assistance to the under-privileged. Such taxes.

in which case. or modification. stating his reasons therefor in writing. within thirty (30) days from receipt thereof. SECTION 56. to the provincial prosecutor for prompt examination.(a) Within ten (10) days after its enactment. In such a case. (d) If no action has been taken by the Sangguniang Panlalawigan within thirty (30) days after submission of such an ordinance or resolution. (b) If the Sangguniang Panlungsod or Sangguniang bayan. an ordinance or resolution adopting a local development plan and public investment program. 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. return the same with its comments and recommendations to the Sangguniang Barangay concerned for adjustment. the same shall be presumed consistent with law and therefore valid. SECTION 57. Sangguniang Panlungsod. The vetoed item or items shall not take effect unless the Sanggunian overrides the veto in the manner herein provided. The Sanggunian may override the veto of the local chief executive concerned by two-thirds (2/3) vote of all its members. the item or items in the appropriations ordinance of the previous year corresponding to those vetoed. 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. (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. Rationale for the delegation of quasi-legislative power Tatad vs Secretary of DOE 281 SCRA 330 29 | P a g e . (b) Within thirty (30) days after receipt of copies of such ordinances and resolutions. the Sangguniang Panlalawigan shall examine the documents or transmit them to the provincial attorney. as the case may be. The provincial attorney or provincial prosecutor shall. as the case may be. thereby making the ordinance effective even without the approval of the local chief executive concerned. 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. amendment. finds the Barangay ordinances inconsistent with law or city or municipal ordinances. . shall have the power to veto any particular item or items of an appropriations ordinance. within a period of ten (10) days from receipt of the documents.(a) The local chief executive may veto any ordinance of the Sangguniang Panlalawigan. if any. it shall declare such ordinance or resolution invalid in whole or in part. . . (b) The local chief executive. the veto shall not affect the item or items which are not objected to. otherwise. Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. inform the Sangguniang Panlalawigan in writing of his comments or recommendations. or Sangguniang bayan on the ground that it is ultra vires or prejudicial to the public welfare. shall be deemed reenacted. the Sanggunian concerned shall. the secretary to the Sanggunian Panlungsod or Sangguniang bayan shall forward to the Sangguniang Panlalawigan for review. or an ordinance directing the payment of money or creating liability. Veto Power of the Local Chief Executive. (c) If the Sangguniang Panlungsod or Sangguniang bayan.(a) Within three (3) days after approval. the same shall be deemed approved.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer SECTION 55. except the Punong Barangay. B. (c) The local chief executive may veto an ordinance or resolution only once. Review of Component City and Municipal Ordinances or Resolutions by the Sangguniang Panlalawigan. or if there be none. the effectivity of the Barangay ordinance is suspended until such time as the revision called for is effected. which may be considered by the Sangguniang Panlalawigan in making its decision.

It filed with Public Service Commission to be authorized to operate ten 30 | P a g e . the latter prevails.R. Congress enacted R. In 1992. 8 180 ends twenty six (26) years of government regulation of the downstream of industry. 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. Under the sufficient standard test. petitioner now assails its constitutionality. 8180 is unconstitutional? Ruling: The court ruled that RA No. Because EO 1088 sets a higher rate. to transgress the principle of separation of powers. 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. 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. Petitioner insists on paying pilotage fees prescribed under PPA circulars. 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. 70 Phil. No.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Facts: This is a petition to challenge the constitutionality of Republic Act No.A.The rational of the Court annulling RA No. vs Public Service Commission.A.A. 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. viz: the completeness test and the sufficient standard test.O. To cede to the Executive the power to make law is to invite tyranny. 221 Facts: Pangasinan Transportation Co. No. the law also aimed to encourage free and active participation and investment by the private sector in all energy activities. the President implemented the full deregulation of the Downstream Oil Industry through E. The validity of delegating legislative power is now a quiet area in our constitutional landscape. the Department shall. No.A. upon approval of the President. 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. There are two accepted tests to determine whether or not there is a valid delegation of legislative power. No. 8180 is declared unconstitutional and ED. has been engaged in transporting passengers in Pangasinan and Tarlac to Nueva Ecija and Zambales by means of TPU buses for 20 years. indeed. Its duty is to enforce the law. Petition is dismissed. As sagely observed. 8180 entitled "An Act Deregulating the Downstream Oil Industry and For Other Purposes". 372 void. 7638 which created the Department of Energy to prepare. No. No.A. No. the law violates the Constitution. institute the programs and timetable of deregulation of appropriate energy projects and activities of the energy industry.. thus. the lower court ruled in favor of the respondent. herein petition for certiorari assailing the decision of the CA. 1997. Under the first test. That the imposition of tariff rates in Section 5(b) of R. Inc. 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. 8180 is not because it disagrees with deregulation as an economic policy but because as cobbled by Congress in its present form." On February's. delegation of legislative power has become an inevitability in light of the increasing complexity of the task of government. Section 5(e) of the law states that "at the end of four (4) years from the affectivity of this Act. The factual antecedents of the controversy are simple. 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. Petitioner contends that that the inclusion of the tariff provision in Section 5(b) of R. Section 15 of R.372. 8180 is foreign to the subject of the law which is the deregulation of the downstream oil industry. Pangasinan Transportation Co. there is a conflict between PPA circular and a law like EO 1088. Issue: WON RA No.

Ruling: The Supreme Court ruled that the said act is not an invalid delegation of power. Further. 454 is constitutional. As a result of the application of the Eight Hour Labor Law. (2) Whether or not Public Service Commission has exceeded its authority. the petitioner contended that such act is an invalid delegation of legislative power. 454 that the Public Service Commission may prescribe as a condition for the issuance of a certificate. 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. Motion for Reconsideration denied. The petitioner. 454 constitute a complete and total abdication of the Legislatures’ functions and thus unconstitutional and void. but likewise to those already established and in operation.” With the growing complexity of modern life. to carry out the will of the National Assembly having in view. the promotion of “public interests in a proper and suitable manner. 15 of Commonwealth Act No. Section 8 of Art. in addition. to wit. including the use of discretion. (2) No. 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. 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. Commonwealth Act no. in view of the condition of the road or the traffic thereon and the requirements of public convenience and interest. and avoid obstructions on. is an administrative function which cannot be directly discharged by the National Assembly. 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. Calalang vs Williams 70 Phil 726 Facts: Calalang in his capacity as taxpayer questioned the constitutionality of Commonwealth Act 548. this right of the state to regulate public utilities is founded upon the police power. is not the determination of what the law shall be. in his contention. Petition for a writ of certiorari filed. the multiplication of the subjects of governmental regulation and the increased difficulty of administering the laws. 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.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer additional new Brockway Trucks on the ground that they were needed to comply with the terms and conditions of its current certificates. Issues: (1) Whether or not the legislative powers granted to the Public Service Commission by Sec. all that has been delegated to the commission is the admin function\. 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. Held: (1) No. 31 | P a g e . Therefore. "to promote safe transit upon. While in Sec. applicable not only to those public utilities coming into existence after its passage." The delegated power. therefore. 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. but merely the ascertainment of the facts and circumstances upon which the application of said law is to be predicated. XIII of the Constitution provides that no franchise.1 of the Commonwealth Act No. 146 as amended by Commonwealth Act No. Issue: Whether or not the said Act constitute an invalid delegation of legislative power. The respondent public official asserted that such promulgation of rules is in connection with the powers vested to them by the said law. if at all. But it cannot be said that the exercise of such discretion is the making of the law. 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. 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 Public Service Commission denied it.

petitioners were justified in invoking the judicial power of the Regional Trial Court to assail the constitutionality and validity of the said issuances. Limitations on the rule-making power Smart Communications vs NTC G. It is of elementary knowledge that an act of Congress cannot be amended by a rule promulgated by an administrative agency.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer agreement. they prayed that the Billing Circular be declared null and void ab initio. and Pilipino Telephone Corporation filed against the National Telecommunications Commission. or regulation in the courts.00 monthly wage increase on or after January 1. "It seems too clear for serious argument that an administrative officer cannot change a law enacted by Congress. the regular courts have jurisdiction to pass upon the same. Clearly. necessarily limited to what is provided for in the legislative enactment. 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. instruction. Umali and Deputy Commissioner Nestor C. an action for declaration of nullity of NTC Memorandum Circular No. The recognition of the power of administrative officials to promulgate rules in the administration of the statute. provided that those who paid less than this amount shall pay the difference (paragraph k of said rules).D. Commissioner Joseph A. 2000 was pursuant to its quasi-legislative or rulemaking power.R." D. order. that the Billing Circular is oppressive. 151908. Issue :WON the RTC has jurisdiction of the case Held: Petitions are granted. 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. 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. Inc. 1977. 12 August 2003 Facts: petitioners Isla Communications Co. presidential decree. the Secretary of Labor issued on May 1.. 26 Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. The issuance by the NTC of Memorandum Circular No. treaty. 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. confiscatory and violative of the constitutional prohibition against deprivation of property without due process of law. A regulation that is merely an interpretation of the statute when once determined to have been erroneous becomes a nullity. and that the requirements of identification of prepaid card buyers and call balance announcement are unreasonable. Hence. 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. the Constitution vests the power of judicial review or the power to declare a law. ordinance. 25 This is within the scope of judicial power. 1977 a set of rules which exempts not only distressed employers but also "those who have granted in addition to the allowance under P. the inclusion of paragraph k contravenes the statutory authority granted to the Secretary of Labor. international or executive 32 | P a g e . and the same is therefore void. 13-6-2000 (the Billing Circular). Santiago. As such. 13-6-2000 and its Memorandum dated October 6. Indeed. No. including the regional trial courts. 525. Dacanay. Deputy Commissioner Aurelio M. at least P60. which includes the authority of the courts to determine in an appropriate action the validity of the acts of the political departments. Requisites for valid delegation of quasi-legislative power Tatad vs Secretary of DOE 281 SCRA 330 C. Philippine Apparel Workers Union vs NLRC 106 SCRA 444 Ruling : By virtue of such rule-making authority.

the law violates the Constitution. Our defense of the people's economic rights may appear heartless because it cannot be half-hearted. No. The Constitution mandates this Court to be the guardian not only of the people's political rights but their economic rights as well.The rational of the Court annulling RA No. But the loss in tolerating the tampering of our Constitution is not quantifiable in pesos and centavos. He cannot determine what the law shall be.A. Because EO 1088 sets a higher rate. 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. 8180 is not because it disagrees with deregulation as an economic policy but because as cobbled by Congress in its present form. the Department shall. POEA) What cannot be delegated are those which are purely legislative in nature.R. herein petition for certiorari assailing the decision of the CA. 8 180 ends twenty six (26) years of government regulation of the downstream of industry.O. the only thing they will have to do is enforce it (Eastern Shipping vs. petitioner now assails its constitutionality. the Constitution is a covenant that grants and 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. More worthy of protection than the supra-normal profits of private corporations is the sanctity of the fundamental principles of the Constitution. upon approval of the President.A. No. the law also aimed to encourage free and active participation and investment by the private sector in all energy activities.372. The factual antecedents of the controversy are simple. the President implemented the full deregulation of the Downstream Oil Industry through E. 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. 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. Hence.A. No. No. 8180 entitled "An Act Deregulating the Downstream Oil Industry and For Other Purposes". 372 void. US vs Ang Tang Ho L-4288 20 Nov 1952 33 | P a g e . Issue: WON RA No.A. Section 15 of R.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Facts: This is a petition to challenge the constitutionality of Republic Act No. the Court has no option but to strike it down dead. 8180 is declared unconstitutional and ED. Congress enacted R. 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." On February's. No. That the imposition of tariff rates in Section 5(b) of R. No. Section 5(e) of the law states that "at the end of four (4) years from the affectivity of this Act. 8180 is foreign to the subject of the law which is the deregulation of the downstream oil industry. In 1992. Lest it is missed. When confronted by a law violating the Constitution. 8180 is unconstitutional? Ruling: the court ruled that RA No. 1. 1997. Issue: won EO 1088 is unconstitutional guarantees both the political and economic rights of the people. Striking down RA.A. Petitioner insists on paying pilotage fees prescribed under PPA circulars. 8180 may cost losses in quantifiable terms to the oil oligopolists. 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 lower court ruled in favor of the respondent. No. Petitioner contends that that the inclusion of the tariff provision in Section 5(b) of R. Completeness test – the law must be complete in all its items and conditions when it leaves the legislature such that when it reaches the delegate. institute the programs and timetable of deregulation of appropriate energy projects and activities of the energy industry. 7638 which created the Department of Energy to prepare. No.

The City Fiscal concurred in the opposition of the private prosecution except with respect to the questions raised concerning the constitutionality of Act 4221. Its duty is to enforce the law. Thereafter. is nevertheless violative of section 1. The private prosecution also filed a supplementary opposition on April 19. Issue: Whether the People of the Philippines. But at this juncture. concluding that Cu Unjieng "es inocente por duda racional" of the crime of which he stands convicted by the Supreme court in GR 41200. represented by the Solicitor-General and the Fiscal of the City of Manila. This was supplemented by an additional motion for reconsideration submitted on 14 July 1937. Judge Jose O. On 28 June 1937. On 2 April 1937. but denying the latter's petition for probation. Art. Vera presiding. Vera promulgated a resolution. 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. Cu Unjieng states in his petition. inter alia. Constitution). the CFI of Manila. that he is innocent of the crime of which he was convicted. VI. An alternative motion for reconsideration or new trial was filed by counsel on 13 July 1937. assuming that it has not been repealed by section 2 of Article XV of the Constitution. upon objection of counsel for Cu Unjieng. Held: YES. before the trial court. The unchallenged rule is that the person who impugns the validity of a statute must have a personal 34 | P a g e . thus. as an undue delegation of legislative power to the provincial boards of several provinces (sec. subsection (1). that he has no criminal record and that he would observe good conduct in the future. 1. is a proper party in present case. The People of the Philippines. Petition is dismissed. 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. elaborating on the alleged unconstitutionality on Act 4221. set the petition for hearing on 5 April 1937. On the last-mentioned date. referred the application for probation of the Insular Probation Office which recommended denial of the same 18 June 1937. counsel for Cu Unjieng filed an exception to the resolution denying probation and a notice of intention to file a motion for reconsideration. 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. 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. that Act 4221. 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 CFI of Manila. On 3 July 1937. 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. Judge Jose O. On 10 August 1937. he moved for the postponement of the hearing of both motions. there is a conflict between PPA circular and a law like EO 1088. the Fiscal of the City of Manila filed an opposition to the granting of probation to Cu Unjieng. The private prosecution also filed an opposition on 5 April 1937. Judge Pedro Tuason presiding. People vs Vera 65 Phil 56 Facts: Cu Unjieng filed an application for probation on 27 November 1936. the latter prevails. through the Solicitor General and Fiscal of the City of Manila. 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. but proceeded to consider the motion for leave to intervene as amici curiae as in order. alleging. is a proper party in the present proceedings. On 6 August 1937. The aforesaid motions were set for hearing on 31 July 1937. 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. seventh branch." The scheduled hearing before the trial court was accordingly suspended upon the issuance of a temporary restraining order by the Supreme Court on 21 August 1937. The judge thereupon set the hearing of the motion for execution on 21 August 1937. under the provisions of Act 4221 of the defunct Philippine Legislature.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Ruling: it is axiomatic that administrative agency like Philippine port authority has no discretion whether or not to implement the law. 1937. among other things.

Cervantes vs Auditor General L-4043 26 May 1952 Facts: Petitioner was manager of the national abaca and Fibers Corporation. “authorizing the President of the Philippines to merge by administrative determination the regions remaining after the establishment of the Autonomous Region. That quarter allowance constituted additional compensation prohibited by NAFCO charter. The title is not required to be an index of the content of the bill. E. Whether the grant of power to the President is included in the subject expressed in the title of the law. and the Executive Order issued by the President pursuant to such authority. Lanao del Sur. 2. 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. Sufficient standard test – to map out the boundaries of the delegates’ authority by defining legislative policy and indicating circumstances under which it is pursued. 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. Chiongbian vs Orbos 245 SCRA 253 Ruling: A legislative standard need not be expressed. direct injury as a result of its enforcement. the well-settled rule that the state can challenge the validity of its own laws. the standard is to be found in the same policy underlying the grant to the President in the law.A 6734. Reconsideration was denied. 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. A legislative standard need not be expressed. Serve to canalize the banks of the river from overflowing. Financial condition of NAFCO. The contentions of the Petitioners contends that R. 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. It goes without saying that if Act 4221 really violates the constitution. Submitted to the control of the government enterprise council created in EO 93 in pursuance to RA 51 for approval. 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. Hence. in whose name the present action is brought. hence. 2.A 6734 is unconstitutional because 1. Maguindanao. Ruling: the rule that so long as the legislative “lays down policy and a standard is established by the statute there is no undue Facts: Petitioners challenged the validity of a provision of R. It may simply be gathered or implied. the resolution was disapproved on recommendation by auditor general. Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title. or will sustained.) the power granted is not expressed in the title of the law. “Providing for the Reorganization of Administrative Regions in Mindanano. 35 | P a g e .A 6734. Its board of directors granted quarter allowances to petitioner. Sulu and TawiTawi voted in favor of creating an autonomous region.) it unduly delegates the legislative power to the President by authorizing him to merge the existing regions. which is the establishment of the Autonomous Region in Muslim Mindanao. With respect to the power to merge existing administrative regions.” Four provinces includes.O 439 was issued by the Chief Executive providing for the Reorganization of the Administrative Regions in Mindanao. the People of the Philippines. The Reorganization of the remaining administrative regions is pertinent to the general subject of R.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer and substantial interest in the case such that he has sustained. thus became ARMM. Issue: Whether the Congress has provided a sufficient standard by which the President is to be guided in the exercise of the power granted. It may simply be gathered or implied. After the plebiscite. 1.O 429 as amended by E. 2. has a substantial interest in having it set aside.

the petitioner Issues on validity of legislation 1. RA 51 is authorizes the president to make reforms and changes in the government controlled corporation for the purpose of promoting simplicity. 68 has been impliedly repealed by R. upon the ground Sec. power which is not directly or exclusively a legislative one and has no relation whatsoever to personal or property rights. Issue: Whether or not the said executive order is a valid delegation of power. Ruling: The court ruled in that the said order is an invalid delegation of power. There is. is unduly oppressive. the president promulgate EO 93 creating government enterprises council with power to pass upon the program of activities and yearly budget of member corporations. 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. b. enforcement or administration of a law. This lays down a standard and policy..it must set forth the policy to be executed. the authority to create municipal corporations is essentially legislative in nature. 3.O nos. 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. 93 to 121. Obviously. Held: Yes.A no 2370 and constitutes undue delegation of legislative power Issue: Whether or not the E. carried out or implemented by the delegate. Petition is dismissed. worse.O nos issued constitutes undue delegation of legislative power. The Solicitor General contended that the said law is a proper delegation of legislative power to the President of the Republic. For these reasons. Against the exercise of the delegated power --. power to regulate a mere matter of privilege 36 | P a g e . 2. to forestall a violation of the separation of powers. 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. 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.124 and 126 to 129 creating municipalities. issued E.the limits of which are sufficiently determinate of determinable Ynot vs IAC 148 SCRA 659 E. the court declared Executive Order No.whether or not the rule or regulation 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. be complete in itself. 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. pursuant to section 68 of the Revised Administrative code. 626 particularly with respect to age. pursuant to this authority. Exceptions to the sufficient legislative standards requirement of 1. it is essential. fix a standard. economy and efficiency in their operations.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer delegation. 626-A unconstitutional. Although congress may delegate to another branch of the government the power to fill in the details in the execution. However. Against the delegating statute itself --whether or not the requisites of valid delegation are present. Pelaez vs Auditor General 15 SCRA 569 Facts: The President of the Phil. Emmanuel Pelaez. the said law: a. finally. 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.

204 SCRA 837 Facts: For his part.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer • • • conforms with what the statute provides and whether the same is reasonable. and (2) enjoining all law-enforcement 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. Eslao vs COA 236 SCRA 161 Facts: Eslao. 53 by certain PSU personnel including petitioner. Book VII. 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 parked vehicles and that he had in fact directed full compliance with the above-mentioned decision in a memorandum. Solicitor General vs Metropolitan Manila Authority. from the District Commander of the Western Traffic District of the Philippine National Police. Hence. Emmanuel said he confiscated Trieste's driver's license pursuant to a memorandum dated February 27. fixes and describes the procedures in. 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. or practice requirements of. including its regulations. they cannot be imposed by the challenged enactments by virtue only of the delegated legislative powers. either directly through a statute or by simply delegating authority to this effect to the local governments in Metropolitan Manila. A. in the exercise of its own discretion. regardless of their merits. The term includes memoranda or statements concerning the internal administration or management of an agency not affecting the rights of. 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. the public. NULL and VOID. Director General Cesar P. Administrative regulations and policies enacted by administrative bodies to interpret the law have the force of law and are entitled to great respect. Rule and rule-making. whether or not to impose such sanctions.V. or procedure available to. It is for Congress to determine. 11. Held: (1) declaring Ordinance No. Issue: Whether or not the acts done by the COA in the case at bar are valid. Without such action. Admin Code of 1987 "Rule" means any agency statement of general applicability that implements or interprets a law. 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. Section 4. or repeal of a rule. authorizing such sanction under certain conditions. defined Section 2. Admin Code of 1987 "Rule making" means an agency process for the formulation. 37 | P a g e . an agency. amendment.2 Book VII. 1991. Issue: WON Memorandum/ordinance of MMA is valid. 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.

463 which vests the Bureau of Mines with jurisdiction over protests involving mining claims [Section 48. Decree No. the provisions of the law were made applicable to petitioners.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. Pres. which declared that petitioners have abandoned and lost their rights over their mining claim. Under the same Decree. Pres. Decree No. Petitioners had filed the protest case pursuant to Pres. and (2) should public respondents have such jurisdiction. affirmed by the Minister of Natural Resources. Since the protest case was filed after Pres. 4631. Decree No. Facts: Assailed in this petition for certiorari and prohibition is that part of the decision of the Director of Mines. In accordance with the statutory grant of rulemaking power. b. the authority to issue rules. upon recommendation of the Director of Mines. Those directed not only to the inferior officers but also and primarily to private individuals. The Director of Mines rendered a decision declaring that there was no conflict between the "Ped and "Ullmann and dismissed the petition. Those issued by an administrative superior and directed exclusively to the subordinates --. G. Source – enabling law. 2. regulations and orders necessary to carry out the provisions and purposes of the Decree. 2. 1974. such as the "Ped" claim. The ascertainment of facts which will form the basis for the enforcement of a statute (contingent legislation or determination).Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Vda de Pineda vs Pena 187 SCRA 22 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. 463 mandates compliance with certain requirements in order for subsisting mining claims. Types of rule-making powers 2. fixing the manner by which the terms of a statute are to be complied with. 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. This case originated from a protest case for alleged overlapping or encroachment between two mining claims. Classification of rules and regulations a. Rule-making by the construction and interpretation of a statute being administered (interpretative legislation)--refers to the power to interpret and construe the statutes entrusted to them for implementation. 2. Otherwise. whether or not they committed grave abuse of discretion or excess of jurisdiction in declaring petitioners to have abandoned their mining claim.refers to the power to issue rules and regulations which have the force and effect of law. The public respondent has jurisdiction.3. Must be in compliance with the enabling law and not 1. Ruling: Petition dismissed. Decree No.2. Supplementary/detailed legislation 1. Section 90 confers upon the Secretary of Natural Resources. 463 (Mineral Resources Development Decree of 1974) took effect on May 17. Requisites for validity: 38 | P a g e . mining rights to the claim will be lost. Rule-making by reason of particular delegation of authority (supplementary or detailed legislation)--. 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.1. 2. to avail of the benefits granted under the Decree.

which. prescribe. Section 128 merely prescribes a procedural rule to implement the general provisions of the enabling law. "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. No. Held: E. The Department order included commission as part of the computation of determining the 13 th month pay of the employees. nor does it expand the coverage of the Decree. No. The case was elevated before the Board of Tax Appeals in accordance with the rules romulgated by said Board under E. Court of Tax Appeals 93 Phil 376 Facts: The Collector of Internal Revenue notified petitioner that its income as an educational institution was taxable. First. 463. this cloud is dissipated in the later and more controlling Supplementary Rules and Regulations which categorically exclude from the definitions of basic salary earnings and other remunerations paid by employer to an employee. 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.” 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 and implementation of 13 th month pay law. No. nor can that power be delegated by Congress alone has “the power to define. The Secretary however contended that the said order was just a supplementary to the law which the same tried to erase the cloud thereof. 422. 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. as an instrumentality of the Dept of Finance may properly come within the purview of R. 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. Upon inspection. Later on UST submitted a memorandum before the Sec.A.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Section 128 of the implementing rules invoked by public respondents as basis for their jurisdiction cannot be tainted with invalidity. the petitioners were found to be violators of the law for not including the commission on its employees in the computation of the 13 th month pay. and apportion the jurisdiction of the various department. of Finance disputing the decision of the latter as regard the taxability of the former’s income from tuition fees.O. Decree No. No. Second. 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 l3th-month pay. it was issued by the Department Head pursuant to validly delegated rule-making powers. it does not contravene the provisions of Pres. Issue: Whether or not the said order is a valid administrative regulation. 401-A does not merely create the BTA. A cursory perusal of the two sets of Rules indicates that what has 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. Ruling: The court ruled in favor of the petitioners.O. a matter which is foreign to it and which comes within the exclusive province of Congress. whereby the petitioner questioned the jurisdiction of respondent to take cognizance of the petition for review. Issue: Whether or not E. This the Chief Executive cannot do.O. 401-A. 39 | P a g e . but goes as far as depriving the CFI’s of their jurisdiction to act on internal evenue cases.

. petitioner filed an urgent motion seeking to annul a hasty and illegal proclamation. pays for regular holidays and right differentials. 1992? Ruling: There is no provision in the statute which would clearly indicate that the same operates retroactively. as we said earlier. resolution or decision. 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. 7160 apply retroactively to those removed from office before it took effect on January 1. "The all embracing phrase 'earnings and other remunerations' which are deemed not part of the basic salary includes within its meaning payments for sick. therefore. Issue: Does Section 40 (b) of Republic Act No. 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. or maternity leaves. The regulations adopted under legislative authority by a particular department must be in harmony with the provisions of the law. follows that [Section] 40 (b) of the Local Government Code is not applicable to the present case. Basco was NOT subject to any disqualification at all under Section 40 (b) of the Local Government Code which. however. Inc. of course.e. as in this case. absent the required concurring vote coming from the rest of the membership of the commission to at least arrive at a majority decision. the law itself can not be extended. 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. "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. the vote alone of the chairman of the commission. 40 | P a g e . for a valid dispensation of its quasi-judicial functions. the vote of Commissioner Kintanar. is not sufficient to legally render an NTC order. 271 SCRA 79 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. By such regulations. NTC) to be a collegial body under Executive Order No. as GMCR vs Bell Telecommunication Phil. premium for works performed on rest days and special holidays. As such they are deemed not part of the basic salary and shall not be considered i the computation of the 13th month pay.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer hitherto been the subject of a broad inclusion is now a subject of broad exclusion. applies only to those removed from office on or after January 1. Simply put. He alone does not speak for and in behalf of the NTC. So long. and for the sole purpose of carrying into effect its general provisions. Commissioner Kintanar is not the National Telecommunications Commission. The NTC acts through a three-man body. In the 1992 election he run again and this time his victory not without unchallenged. Basco was proclaimed and assume office. A quo warranto was filed against him but was dismissed. At second time petitioner Grego a registered voted file a petition with comelec for disqualification and suspension of his proclamation. Then the exclusionary provision would prove to be idle and with no purpose. 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.. Corollarily. with the concurrence of at least two commissioners. It. 1992. 546 3 and ordering the NTC to heretofore sit and act en bane. i. Basco run as a councilor in 1988 election won and assume office. vacation. its agencies and instrumentalities or GOCC. 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.

Construction by an executive officer directly called to implement the law. 105 “that no examine shall attend any review class. Issue: won the resolution no. such rules and regulations must be reasonable and fairly adapted to secure the end view. 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. 105 is valid. H. briefing. It may be express (embodied in a circular. 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. c. it merely interprets a pre-existing law. review material or any tip from school a. vs NWPC 289 SCRA 667 Victorias Milling Co vs Social Security Commission 114 Phil 555 Ratio : When an administrative agency promulgates rules and regulations. 1752. 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. they are valid. Ruling: the court rule in favor of petitioner. by usage or practice). b. conference. Distinction between rule and interpretation Romulo. Bears a reasonable relation to the purpose sought to be accomplished. Types of construction/interpretation executive 3. Free from constitutional infirmities or charge of arbitrariness Lupangco vs CA 160 SCRA 848 Facts: PRC issued resolution no. directive or regulation) or implied (practice or mode of enforcement of not applying the statute to certain situations. in the exercise of its rule making power delegated to it by the legislature.' or any review center during the three days immediately preceding every examination day including the examination day. hence. Its is an axiom of administrative law administrative authorities should not act arbitrarily and capriciously in the issuance of rules and regulations. Mabanta vs HDMF 333 SCRA 777 Facts: Issue of the validity of the Amendments to the Rules and Regulations Implementing Republic Act No.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer the regulations relate solely to carrying into effect the provision of the law. 41 | P a g e . it makes a new law with the force and effect of a valid law. When it renders an opinion. then they must be held invalid. 2. 7742. as amended. To be valid. Interpretative legislation 1. Supported by good reasons. or gives a statement of policy. Requirement of reasonableness a. If shown to bear no reasonable relation to the purpose for which they are authorized to be issued. merely advisory. Nasipit Lumber Co. or the like conducted by or shall receive any handouts.

Jose Rizal Memorial State University – College of Law
Administrative Law Reviewer
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 constructions accorded to administrative 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 fortyseven (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 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, noncompliance 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. 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.

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. 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. 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

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Jose Rizal Memorial State University – College of Law
Administrative Law Reviewer
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. People v. Exconde 101 Phil 1125 People v. Maceren 79 SCRA 450 2. Imposition of penalties by administrative authorities K. 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 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 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 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.

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. 3. Construction of administrative rules and regulations 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.

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

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

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there would be no basis for the application of the maxim "ignorantia legis non excusat.(1) If not otherwise required by law. 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. .Jose Rizal Memorial State University – College of Law Administrative Law Reviewer (2) Every rule establishing an offense or defining an act which. which is the fifteenth day following its publication — but not when the law itself provides for the date when it goes into effect. The publication of all presidential issuances "of a public nature" or "of general applicability" is mandated by law. forfeitures or penalties for their violation or otherwise impose a burden on the people. the rules on contested cases shall be observed. all appellate courts and the National Library. as far as practicable. Congress. Lorenzo M. This is correct insofar as it equates the effectivity of laws with the fact of publication. Integrity and Nationalism. Further. pursuant to law.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. Tanada v. general orders. however. 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. Joaquin Venus (in his capacity as Deputy Executive Assistant to the President). 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. Public Participation. Pablo (in his capacity as Director. an agency shall. letters of instructions. proclamations. Tuvera (in his capacity as Executive Assistant to the President). . Generally. and to other persons at a price sufficient to cover publication and mailing or distribution costs. Sec. Melquiades P. 8. Judicial Notice." 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. 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. Tuvera 146 SCRA 446 Facts: Invoking the people's right to be informed on matters of public concern (Section 6. Sec. publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule. Tanada. is punishable as a crime or subject to a penalty shall in all cases be published in full text. Abraham F. Bureau of Printing). Malacañang Records Office). not even a constructive one. executive orders. Other presidential issuances which apply only 45 | P a g e . Inc. The bulletin and the codified rules shall be made available free of charge to such public officers or agencies as the Congress may select. to publish. 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. fall within this category. such as tax and revenue measures. Presidential decrees that provide for fines. (3) In case of opposition. 7. Distribution of Bulletin and Codified Rules. 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. publication is necessary to apprise the public of the contents of regulations and make the said penalties binding on the persons affected thereby. 9. (2) In the fixing of rates. Sec. (Mabini) seek a writ of mandamus to compel Juan C. Sarmiento and Movement of Attorneys for Brotherhood. and Florendo S. Without such notice and publication. does not preclude the requirement of publication in the Official Gazette. de la Cruz (in his capacity as Director. and or cause the publication in the Official Gazette of various presidential decrees.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. ready access to the legislative records — no such publicity accompanies the lawmaking process of the President. even if the law itself provides for the date of its effectivity. . letter of implementation and administrative orders. While the people are kept abreast by the mass media of the debates and deliberations in the Batasan Pambansa — and for the diligent ones. Article 2 of the New Civil Code.

may be conducted. the implementation/enforcement of presidential decrees prior to their publication in the Official Gazette is an operative fact. which have not been published. defined Quasi-judicial power . shall have no force and effect. that the Billing Circular is oppressive. 2. Adjudicatory Powers a. if the statute is silent on the matter. and Pilipino Telephone Corporation filed against the National Telecommunications Commission. 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. a public hearing. On the other hand. Dacanay. if the statute making the delegation requires such hearing. he must first be officially and specifically informed of its contents. Quasi-judicial body – an organ of government other than a court and other than a legislature. Deputy Commissioner Aurelio M. 13-6-2000 (the Billing Circular). confiscatory and violative of the constitutional prohibition against deprivation of property without due process of law. VI. 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. which affects the rights of private parties through either adjudication or rule making 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. Indeed. if practicable. Presidential issuances of general application. then one must be conducted before such rules and regulations are issued. The issuance by the NTC of Memorandum Circular No. The past cannot always be erased by a new judicial declaration that an allinclusive statement of a principle of absolute retroactive invalidity cannot be justified. Umali and Deputy Commissioner Nestor C. However. 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. an action for declaration of nullity of NTC Memorandum Circular No.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 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. Smart Communications vs NTC G. 13-6-2000 and its Memorandum dated October 6. the Constitution vests the power of judicial review or the Misamis Oriental Association of Coco Traders vs DOF 238 SCRA 63 3. and that the requirements of identification of prepaid card buyers and call balance announcement are unreasonable. petitioners were justified in invoking the judicial power of the Regional Trial Court to assail the constitutionality and validity of the said issuances.. which may have consequences which cannot be justly ignored.R. the regular courts have jurisdiction to pass upon the same.This is the power to hear and determine questions of fact to which the legislative policy is to apply and to 46 | P a g e . Notice and hearing requirement decide in accordance with the standards laid down by the law itself in enforcing and administering the same law. It is a rule of law that before a person may be bound by 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. No. Inc. 2000 was pursuant to its quasi-legislative or rulemaking power. As such. 151908 12 August 2003 Facts: Petitioners Isla Communications Co. The publication of presidential issuances "of a public nature" or "of general applicability" is a requirement of due process. Quasi-judicial power and quasi-judicial body. Issue :WON the RTC has jurisdiction over the case Held: Petitions are granted. However. The publication must be full or it is no publication at all since its purpose is to inform the public of its contents. Commissioner Joseph A. Santiago. Application. they prayed that the Billing Circular be declared null and void ab initio.

and what the legal rights of parties are. however. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. and draw conclusions from them as basis for their official action and exercise of discretion in a judicial nature. in connection with the law as to the right to a writ of certiorari. Jr. 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. rather than of the office. . including the regional trial courts. As the school year was then about to end. order. hold hearings. .. 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. ordinance. and the members of the committee deliberated and finally adjudged Socorro Medina. that determines whether or not it is the discharge of a judicial or quasi-judicial function. the administrative officers or bodies are required to investigate facts or ascertain the existence of facts. in a measure. as first. Mere commission of errors in the exercise of jurisdiction may not be corrected by means of certiorari. Santiago. represented by his mother. 1965. he acts judicially. Not to be confused with the quasi-legislative or rule-making power of an administrative agency is its quasi-judicial or administrative adjudicatory power. in the sense in which that word is used when applied to courts of justice. instruction. committee members along with the District Supervisor and the Academic Supervisor of the place. or body which performs it. and the performance of administrative or ministerial duties.. mistakes. as chairman. second and third honors. the "third placer" Teodoro Santiago. It may be said generally that the exercise of judicial functions is to determine what the law is. and with his father as counsel. involve the exercise of judicial functions. This is within the scope of judicial power. weigh evidence.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer power to declare a law. treaty. but three days before that date. Jr. vs Bautista 32 SCRA 188 Facts: The appellant was a grade 6 pupil in a certain public elementary school. With the school Principal. The school's graduation exercises were thereafter set for May 21. by instituting the above-mentioned civil case in the Court of First Instance of Cotabato. vs Oil Industry Commission 145 SCRA 433 47 | P a g e . presidential decree. sought the invalidation of the "ranking of honor students" thus made. WHAT ARE JUDICIAL OR QUASI JUDICIAL ACTS. Filipinas Shell Petroleum Corp. In carrying out their quasi-judicial functions. but it is sufficient if they are quasi judicial. and there is considerable conflict in the decisions in regard thereto. Patricia Liñgat and Teodoro C. 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. international or executive agreement. or regulation in the courts. if not impossible. The exercise of judicial functions may involve the performance of legislative or administrative dudes. with respect to a matter in controversy. and whenever an officer is clothed with that authority. it is clear. Santiago. or irregularities rather than to a real grave abuse of discretion that would amount to lack of jurisdiction. It is enough if the officers act judicially in making their decision. precisely to define what are judicial or quasi judicial acts. whatever may be their public character. may. 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. Jr. which includes the authority of the courts to determine in an appropriate action the validity of the acts of the political departments. It is difficult.' The precise line of demarkation between what are judicial and what are administrative or ministerial functions is often difficult to determine. It is not essential that the proceedings should be strictly and technically judicial. board. 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. respectively. 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. that it is the nature of the act to be performed. and undertakes to determine those questions.

are bereft of quasi-judicial powers. 5 of their "Sublease and Dealer Agreement.D.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Facts: Respondent Manuel B. Petitioner Shell sent demand letters to respondent Manuel B." Issue: WON the Commission on Human Rights has jurisdiction. Yap defaulted in his obligations upon failure to pay for his purchases of gasoline and other petroleum products." Despite the pendency of the controversy before the ordinary civil courts. Petitioner Shell sent respondent Yap the required 90-day written notice to terminate their contract as provided for by Sec. Manuel B. 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. Petitioner Shell moved for a reconsideration but respondent OIC denied it. 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.D. It is of course a well-settled principle of administrative law that unless expressly empowered. 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. Issue: WON Respondent OIC has jurisdiction to hear and decide contractual disputes between a gasoline dealer and an oil company. The latter was filed and registered with the OIC. Yap who continued to ignore these demands letters forcing petitioner Shell to exercise its contractual rights to terminate the contract. It may be conceded that the Legislature may confer on administrative boards or bodies quasi-judicial powers involving the exercise of judgment and discretion. adjudicatory powers over. While petitioner Shell complied with its contractual commitments. 807. or in connection with." b. 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. the legislature must state its intention in express terms that would leave no doubt. but in so doing. . The OIC negated the existence of such right because the stipulation is an "unfair and onerous trade practice. or the power to try and decide. Through their representatives. and a memorandum directing the DECS officials concerned to initiate dismissal proceedings against those who did not comply and to hire their replacements. . 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. "For failure to heed the return-to-work order. 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. et al (2 SCRA 898): " . only to those incidental to. as even such quasi-judicial prerogatives must be limited. Mardo. Distinguished from judicial power 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. Carino vs CHR 204 SCRA 483 Facts: Some 800 public school teachers. if they are to be valid. the performance of administrative duties which do not amount to conferment of jurisdiction over a matter exclusively vested in the courts. They were also preventively suspended for ninety (90) days 'pursuant to Section 41 of P. or hear 48 | P a g e . as incident to the performance of administrative functions." 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. 807' and temporarily replaced. An investigation committee was consequently formed to hear the charges in accordance with P. Held: The contentions of petitioner are well-founded. As We declared in Miller vs. According to them they had decided to undertake said "mass concerted actions" after the protest rally staged at the DECS premises on September 14. 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. administrative agencies like respondent OIC.

But it cannot try and decide cases (or hear and determine causes) as courts of justice. in cases of violations of said rules. or agency in the performance of its functions. It can exercise that power on its own initiative or on complaint of any person. in the conduct of its investigation or in extending such remedy as may be required by its findings. Held: The Court declares the Commission on Human Rights to have no such power. he acts judicially. and that it was not meant by the fundamental law to be another court or quasi-judicial agency in this country. 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. certain specific type of cases. "x x 'It may be said generally that the exercise of judicial functions is to determine what the law is. Whether in the popular or the technical sense. these terms have well understood and quite distinct meanings. on promotion. It may also request the assistance of any department." cannot and should not "try and resolve on the merits" (adjudicate) the matters involved in Striking Teachers HRC Luzon Development Bank vs Association of LDB Employees 249 SCRA 162 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. To investigate is not to adjudicate or adjudge. and whenever an officer is clothed with that authority. 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. only the first of the enumerated powers and functions bears any resemblance to adjudication or adjudgment. like alleged human rights violation involving civil or political rights.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. or even quasi-judicial bodies do. cite for contempt in accordance with the Rules of Court. 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. Presidential Anti-Dollar Salting Task Force vs CA 171 SCRA 348 49 | P a g e ."5 while the "(d)ecision. awards."6 Hence. having merely the power "to investigate. Republic Act No.'x x. It may exercise that power pursuant to such rules of procedure as it may adopt and. or duplicate much less take over the functions of the latter.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer and determine. or orders. In the course of any investigation conducted by it or under its authority. c. The Constitution clearly and categorically grants to the Commission the power to investigate all forms of human rights violations involving civil and political rights. bureau. and what the legal rights of parties are. As should at once be observed. with respect to a matter in controversy. 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. 6715 is silent with respect to an appeal from the decision of a voluntary arbitrator." Hence it is that the Commission on Human Rights. and undertakes to determine those questions. awards. while there is an express mode of appeal from the decision of a labor arbiter. office.

convinces the Court that the Task Force was not meant to exercise quasi-judicial functions. and NARRA. (2) Agencies set up to function in situations wherein the government is seeking to carry on certain government functions. as amended by Presidential Decree No. and Philippine Veterans Administration. office of the Insurance Commissioner. (5) Agencies set up to function in situations wherein the government is seeking under the police power to regulate private business and individuals. the Court of Agrarian Relations. (4) Agencies set up to function in situations wherein the government is seeking to regulate business affected with public interest. like the Bureau of Posts. Board of Food Inspectors. like the Bureau of Immigration. As may be seen. grant. it is the basic function of these bodies to adjudicate claims and/or to determine rights. his immediate family. Bureau of Labor Standards. like the Securities & Exchange Commission. but nothing more. the Postal Savings Bank. it is tasked alone by the Decree to handle the prosecution of such activities. Cojuangco vs PCGG 190 SCRA 226 Facts: President Corazon C. As the President's arm called upon to combat the vice of "dollar salting" or the blackmarketing and salting of foreign exchange. 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. (6) Agencies set up to function in situations wherein the government is seeking to adjust individual controversies because of some strong social policy involved. to try and decide claims and execute its judgments. such as the National Labor Relations Commission. Metropolitan Waterworks & Sewerage Authority. the Philippine Patent office. 50 | P a g e . the Board of Review for Moving Pictures. 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. 1936. Aquino directed the Solicitor General to prosecute all persons involved in the misuse of coconut levy funds. 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 same attain finality and become executory. the Bureau of Internal Revenue. Women and Minors Bureau. A perusal of the Presidential Anti-Dollar Salting Task Force's organic act. and unless its decision are seasonably appealed to the proper reviewing authorities. Upon the creation of the PCGG under EO. the Central Bank of the Philippines. relatives. the Board of Special Inquiry and Board of Commissioners. and that the PCGG has no right to conduct such preliminary investigation. Presidential Decree No. and the Professional Regulation Commission. the Regional Offices of the Ministry of Labor. the Civil Aeronautics Administration. the President's arm assigned to investigate and prosecute so-called "dollar salting" activities in the country. Board on Pensions for Veterans." 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. or special privilege. 2002. which affects the rights of private parties through either adjudication or rule making. 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. the Social Security Commission.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Facts: The petitioner. Philippine National Railways. the Civil Service Commission. that is. like the defunct Philippine Veterans Board. (3) Agencies set up to function in situations wherein the government is performing some business service for the public. like the Fiber Inspections Board. 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. the Presidential Anti-Dollar Salting Task Force. PADS issued search warrants against certain companies. 1 issued by President Aquino.

4. and that the Director of Public Works. squarely challenges its judgment. Controversies must be submitted to the Secretary of Commerce and Communications through the Director of Public Works. dismissing the complaint and the appeal of Sideco and confirming the decision of the administrative authorities. as in the case of attachment and receivership. granted the two Sarenas the right. 1915. and can issue for this purpose subpoenas and subpoenas duces tecum. there exists a prima facie factual foundation. After trial. The "decision" of the Secretary thereon is final "unless appeal therefrom be taken to the proper court within. thirty days after the date of the notification of the parties of said decision. but again reasserted in 1911. it may be divided into two stages. In the performance of this work. However. for the sequestration order. as above discussed. he cannot be expected to handle with impartiality the preliminary investigation of his own complaint. Sideco then took the proceedings to the Court of First Instance of Nueva Ecija. the use of the dam was afterwards interrupted by outside causes such as imprisonment and war. (Secs. In case of such appeal the court having jurisdiction shall try the controversy de novo. Both are assured under the foregoing executive orders and the rules and regulations promulgated by the PCGG." Having gathered the evidence and filed the complaint as a law enforcer. 9.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 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. is not quite clear on the facts before us. It is at this stage. only to meet with the opposition of Sideco. 41 Phil. 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." (See. the Director of Public Works or any official especially authorized by him. this time as a public prosecutor. to conduct such preliminary investigation and take appropriate action. (2) freezing assets. Exactly what the two Sarenas' contention is. it is indispensable that. 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. 8. 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. and other respondents for the alleged misuse of coconut levy funds.) A more extensive method is also provided. Sideco vs Sarenas. The claim of Sideco goes back to 1885 when the predecessor in interest of his father constructed a dam in these waters. Crispulo Sideco on the one hand. is vested with the authority to grant provisional remedies of (1) sequestration. 41. file the complaint for the purpose of preliminary investigation. Issue: WON Held: Administrative machinery for the settlement of disputes as to the use of waters is provided by the Irrigation Act. where it is ascertained if there is sufficient evidence to bring a person to trial. to use the waters of the estero Bangad. judgment was entered. Held: Considering that the PCGG. 18. freeze order or takeover order.) "Appeal" lies from the "decision" of the Director of Public 51 | P a g e . while conceding the correctness of the findings of the trial court. in preference to all other persons. The further appeal of Sideco to this court. The general power of investigation vested in the PCGG is concerned. and (3) provisional takeover. It is in such instances that We say one cannot be "a prosecutor and judge at the same time. may examine witnesses under oath. as amended. (Secs. like the courts. with the costs against the plaintiff. who as an independent constitutional officer has primary jurisdiction over cases of this nature. it appears that they made application to the Director of Public Works. and Leocadio Sarenas and Rufino Sarenas on the other hand. The second stage is the preliminary investigation stage of the said complaint.) Certificates signed by the Secretary of Commerce and Communications are then granted each appropriator. an adequate and fair opportunity to contest it and endeavor to cause its negation or nullification. with the approval of the Secretary of Commerce and Communications. somewhat akin to our cadastral system. claim the exclusive right to the use of the waters flowing through the estero for irrigation purposes. and 1916. 80 Facts: Two parties. Jr. at least.

Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Works. containing as it does the technical findings of officers especially qualified in irrigation engineering. (Sec. Petitioners. Distinguished from legislative power or rule-making Lupangco vs CA 160 SCRA 848 Facts: Professional Regulation Commission (PRC) issued Resolution No. 223. briefing.-The decision of the Director of Public Works.T. or shall receive any hand-out.T. 105 as part of its "Additional Instructions to Examinees to all those applying for admission to take the licensure examinations in accountancy. Any examinee violating this instruction shall be subject to the sanctions. The case was set for initial hearing. affirmed by the Secretary of Commerce and Communications. Ocampo vs US 234 US 91 d. or any tip from any school. review material. college or university. 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. and (2) the exact date of the decision is of moment since it decides whether the appeal was taken in time. 10. It was then that C. 52 | P a g e . he filed a complaint against them for specific performance and damages in the Regional Trial Court of Negros Occidental. 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. These are all within the powers of the respondent commission as provided for in Presidential Decree No.) DECISION OF DIRECTOR OF PUBLIC WORKS AS PART OF JUDICIAL RECORD. 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. If corrupt officials or personnel should be terminated from their loss. then so be it. Torres Enterprises filed a motion to dismiss for lack of jurisdiction. lecturer. Such action must be brought within ninety days of the date of the publication of the approved list of priorities. The installment payments having been completed. Strict guidelines to be observed by examiners should be set up and if violations are committed. When neither the petitioner nor Pleasantville complied. Issue: WON the Resolution is unconstitutional Held: The Resolution is null and void. then licenses should be suspended or revoked. What is needed to be done by the respondent is to find out the source of such leakages and stop it right there. to the Court of First Instance of the province in which the property is situated. The motion to dismiss was denied by the court contending that it had jurisdiction over the matter. Torres Enterprises. e. 105 is not a guarantee that the alleged leakages in the licensure examinations will be eradicated or at least minimized. or any review center or the like or any reviewer. conference or the like conducted by. Fixers or swindlers should be flushed out. should invariably be made a part of the judicial record because (1) the determination of these officials would be most useful to the courts. vs Hibionada 191 SCRA 268 Facts : The petitioner as agent of private respondent Pleasantville Development Corporation sold a subdivision lot on installment to private respondent Efren Diongon. Diongon demanded the delivery of the certificate of title to the subject land. Rationale for vesting administrative agencies with quasi-judicial power C. contending that the competent body to hear and decide the case was the Housing and Land Use Regulatory Board. Inc. 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. The enforcement of Resolution No. Making the examinees suffer by depriving them of legitimate means of review or preparation on those last three precious days-when 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 itselfwould be like uprooting the tree to get ride of a rotten branch. The resolution embodied the following pertinent provisions: "No examinee shall attend any review class. as approved by the Secretary of Commerce and Communications.

It has the authority to hear and decide administrative disciplinary cases instituted directly with it or brought to it on appeal. and empowered the National Housing Authority to issue writs of execution in the enforcement of its decisions under P. the Commission ruled that the dismissal of all five was indeed illegal. specified the quasi-judicial jurisdiction of the agency as follows: SECTION 1. it should be P. Issue : WON the CSC had powers to execute its resolution or judgment. By Resolution. The provisions are analogous and entirely consistent with the duty or responsibility reposed in the Chairman by PD 807. Five of these six dismissed employees appealed to the Merit Systems Board. which was promulgated April 2. The Civil Service Commission promulgated Resolution No. 1978. broker or salesman. The GSIS appealed to the Civil Service Commission. subject to policies and resolutions adopted by the Commission. The heirs of the deceased sought execution of the order from the CSC which was granted. broker or salesman. dealer. is a constitutional commission invested by the Constitution and relevant laws not only with authority to administer the civil service.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Issue : WON the trial court have jurisdiction over the case. f.D. approving and putting into effect simplified rules of procedure on administrative disciplinary and protest cases. the National Housing Authority shall have exclusive jurisdiction to hear and decide cases of the following nature: A. and ordered the remand of the cases to the GSIS for appropriate disciplinary proceedings. 1344. B.D. 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.D. GSIS opposed and came to the SC on certiorari contending that the CSC does not have any power to execute its resolution or judgment. GSIS vs CSC 202 SCRA 799 Ratio : P. or the need of the government to respond swiftly and competently to the pressing problems of the modem world. No. but also with quasi-judicial powers. No. Unsound real estate business practices. No. 957. promulgated July 12. 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. like the Commission on Elections and the Commission on Audit. Ratio : The Civil Service Commission. developer. 1976 and otherwise known as "The Subdivision and Condominium Buyers' Protective Decree. it would appear absurd to deny to the Civil Service Commission the power or authority to enforce or order execution of its decisions. 957. Scope of quasi-judicial powers of an administrative agency 53 | P a g e . Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lots or condominium units against the owner. Facts : The Government Service Insurance System (GSIS) dismissed six (6) employees as being "notoriously undesirable." they having allegedly been found to be connected with irregularities in the canvass of supplies and materials. In light of all the foregoing constitutional and statutory provisions. 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. dealer." provides that the National Housing Authority shall have exclusive authority to regulate the real estate trade and business. 957. 89-779 adopting. and C. pursuant to the authority granted by the constitutional and statutory provisions. This departure from the traditional allocation of governmental powers is justified by expediency. resolutions or orders which. Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner developer.

J. Angara vs. In consonance with the state policy to encourage qualified persons to engage in industrial tree plantation. Petitioner challenges the jurisdiction of the Electoral Commission. Hence. foreclosing the initiation of disciplinary administrative proceedings. to all legal purposes. every particular power necessary for the exercise of the one or the performance of the other is also conferred (Cooley. In the absence of any further constitutional provision relating to the procedure to be followed in filing protests before the Electoral Commission. Constitutional Limitations. Jr. Jose A." PTFI 54 | P a g e . against the election of said petitioner as member of the National Assembly for the first assembly district of the Province of Tayabas. It grows gubas trees in its plantations in Agusan and Mindoro which it supplies to a local match manufacturer solely for production of matches. pp. however. Electoral Commission 63 Phil 139 Facts : This is an original action instituted in this court by the petitioner. Whatever may be said of the binding force of the Resolution of July 4. which the Bureau of Customs. for the issuance of a writ of prohibition to restrain and prohibit the Electoral Commission. Secretary Fulgencio S. and two (2) more containers of matches from Singapore. is a Philippine corporation engaged in industrial tree planting. returns and qualifications of members of the National Assembly. 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. 1988 so far as.. 1935. 231 SCRA 463 Facts : Petitioner PROVIDENT TREE FARMS. should normally and logically be deemed to include the grant of authority to enforce or execute the judgments it thus renders. 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. 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. Provident Tree Farms vs Batario. eighth ed. therefore. Death. (1). or the continuation of any then pending. can not be construed as a limitation upon the time for the initiation of election contests. (PTFI). par. it makes exoneration in the administrative proceedings a condition precedent to payment of back salaries. must be deemed by necessary implication to have been lodged also in the Electoral Commission. 138. or the authority to hear and adjudge cases. to fix the time for the filing of said election protests. It is a settled rule of construction that where a general power is conferred or duty enjoined. to all intents and purposes. and qualifications of the members of the National Assembly". has already sealed that outcome. 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. it has been exercising through the years. 36.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer stressed. from taking further cognizance of the protest filed by Pedro Ynsua. another respondent. 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. returns. against the deceased employees.. unnecessary. 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. 139). Confirmation by the National Assembly of the returns of its members against whose election no protests have been filed is. International Corporation (AJIC) imported four (4) containers of matches from Indonesia. the incidental power to promulgate such rules necessary for the proper exercise of its exclusive powers to judge all contests relating to the election. vol. INC. it cannot exact an impossible performance or decree a useless exercise. unless the law otherwise provides. I. Jr. Resolution No. the grant to a tribunal or agency of adjudicatory power. 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. Upon request of PTFI. Private respondent A. Sec. Factoran. Angara. 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.

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. 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. 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.000. Under the sense-making and expeditious doctrine of primary jurisdiction . the respondent corporation changed the terms of monthly amortization which resulted in the demand of the petitioner for the return of his reservation fee. The same was denied and respondents appealed to the CA who decided in their favor. Otherwise stated. 1344. one who offers to buy is as much a buyer as one who buys by virtue of a perfected 55 | P a g e . the need for specialized administrative boards or commissions with the special knowledge. Issue : WON the RTC has jurisdiction over the case. experience. .. however cleverly the complaint may be worded. of the Revised Forestry Code is within the exclusive realm of the Bureau of Customs. the claim for recovery of the reservation fee properly falls within the jurisdiction of the regular courts and not that of the HSRC.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 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. Tejada v. and the Collector of Customs from allowing and releasing the importations. we have no occassion to rule on the issue of grave abuse of discretion as excess of jurisdiction as it is not before us. Homestead Property Corporation 178 SCRA 164 Facts : Private respondent Taclin V. AJIC moved to dismiss the case asseverating that the enforcement of the import ban under Sec. . where the question demands the exercise of sound administrative discretion requiring the special knowledge. . . 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. Moreover. 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. par. Since the determination to seize or not to seize is discretionary upon the Bureau of Customs. Petitioner argues that inasmuch as there is no perfected contract of sale between the parties.). the same cannot be subject of mandamus. 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. the ultimate relief sought by PTFI is to compel the Bureau of Customs to seize and forfeit the match importations of AJIC. and a uniformity of ruling is essential to comply with the purposes of the regulatory statute administered (Pambujan Sur United Mine Workers v. 36. the court cannot compel an agency to do a particular act or to enjoin such act which is with its prerogative. (1). Respondent refused to return the same and petitioner brought suit with the RTC for a collection of sum of money. Ratio : Under Presidential Decree No. After paying the reservation fee. Issue : WON the RTC had jurisdiction over the recovery of reservation fee. subject to judicial review in case of grave abuse of discretion. Samar Mining Co. In the case at bench. has become well nigh indispensable . etc. 932. Bañez offered to sell to petitioner Enriqueto F. 94 Phil. Tejada a 200 square meter lot owned by respondent corporation. Private respondent suggested that petitioner pay a reservation fee of P20. except when in the excrcise of its authority it clearly abuses or exceeds its jurisdiction. the courts cannot or will not determine a controversy involving a question which is within the jurisdiction of an administrative tribunal. Respondents herein filed a motion to dismiss contesting the jurisdiction of the RTC to hear the case. and services of the administrative tribunal to determine technical and intricate matters of fact. 941 [1954]. The word "buyer" in the law should be understood to be anyone who purchases anything for money. In this era of clogged court dockets.00. Under the circumstances of this case. Inc. experience and capability to hear and determine promptly disputes on technical matters or essentially factual matters..

upon the promulgation of Executive Order No. or are justified by the grievances complained of by them. These are matters undoubtedly and clearly within the original jurisdiction of the Secretary of Education. Cariño vs. 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. their human rights. 2. constitute infractions of relevant rules and regulations warranting administrative disciplinary sanctions. 1. time and place stated in the subpoena. 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. and also. 90. while the dispensing power sanctions a deviation from a standard. g. having merely the power "to investigate. 3." cannot and should not "try and resolve on the merits" (adjudicate) the matters involved in Striking Teachers HRC Case No. The grant or denial of permit or authorization. within the appellate jurisdiction of the Civil Service Commission. 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. 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. and dealers.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer contract of sale. Directing powers. Code 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. or authority to relieve from affirmative duty. When she appeared at the date. as it has announced it means to do. or civil or political rights had been transgressed. Split jurisdiction is not favored. and it cannot do so even if there be a claim that in the administrative disciplinary proceedings against the teachers in question. The licensing power sets or assumes a standard. 90-775. Said powers have since been transferred to the HLRB. The Power to Issue Subpoena Carmelo vs Ramos 6 SCRA 836 Section 13 Book VII 1987 Admin. powers of assessment under the revenue laws. reparations under public utility laws and awards under. developers. Caamic was surprised for she was not aware of any case filed against her. she was berated by the respondent and 56 | P a g e . Dispensing powers. Illustrated by the corrective powers of public utility commissions. More particularly. if any. among others. CHR 204 SCRA 483 Ruling : Hence it is that the Commission on Human Rights. initiated and conducted by the DECS. 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. Summary powers. Classification of adjudicatory powers 2. When an administrative agency or body is conferred quasi-judicial functions. Equitable powers. Enabling powers. may properly be imposed for said acts or omissions. being within the scope of the disciplinary powers granted to him under the Civil Service Law. and (c) what where the particular acts done by each individual teacher and what sanctions. The authority to exempt from or relax a general prohibition. Moreover. 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. 3. it is therein provided that the HLRB has exclusive jurisdiction over claims involving refund filed against project owners. VII. (b) whether or not the act of carrying on and taking part in those actions.

as incident to. which was. 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. Universal Rubber Products vs CA 130 SCRA 104 Masangcay vs COMELEC 6 SCRA 27 Facts : Private respondents herein sued herein petitioner for unfair competition in the lower court. That purpose was. on obtaining an injunction for infringement of a trademark. Ratio : A case for unfair competition is actually a case for injunction and damages. It was designated for a specific purpose. or at any investigation conducted under the laws of the Philippines. 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. accommodating the request and using his official functions and office in connection therewith was. they requested the court for a subpoena duces tecum as regards to the books of herein petitioner. and defendant's profits are regarded as an equitable measure of the compensation plaintiff should receive for the past harm suffered by him. Said amount was the amount of the life insurance policy of one Edgardo Sandagan. it is only through the issuance of the questioned "subpoena duces tecum " that the complaining party is afforded his full rights of redress. The trial court denied the same." Although the subpoena he caused to be issued purports to be in a form for criminal cases pending in his court. 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. In a suit for unfair competition. in fact. and that the precise book. In order to entitle a parry to the issuance of a "subpoena duces tecum.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer demanded 8K from her. By clear and unequivocal proof. or if the persons in whose behalf the subpoena is issued fails to advance the reasonable cost of production thereof. paper or document containing such evidence has been so designated or described that it may be identified. 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. Sandagan for the latter to get a share in the death benefits of Edgardo Sandagan which was received by the complainant. Petitioner moved to quash the subpoena on the ground that it can only be regarded as a “fishing bill” to discover evidence against herein petitioner and that such is not applicable in a case for unfair competition. 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. nonofficial and absolutely a private matter. " it must appear. that the book or document sought to be produced contains evidence relevant and material to the issue before the court. Not being then directly or remotely related to his official functions and duties. obviously. Rule 23 of the Rules of Court. A "subpoena duces tecum" once issued by the court may be quashed upon motion if the issuance therof is unreasonable and oppressive. What Generosa wanted was for respondent to act as mediator or conciliator to arrive at a possible compromise with the complainant. it was not. and a part of. improper.. his property right. 57 | P a g e . or for taking of his deposition. Generosa had not filed any action in respondent's court for her claim. presentation of some of private respondents’ witnesses. administrative conference. Issue : Propriety of the subpoena issued by the respondent judge. Ruling : Respondent should have known or ought to know that under Section 1. In such case. As a general rule. neither is there any case in respondent's court concerning such death benefits. During the trial and after the Issue : WON the issuance of a subpoena duces tecum is proper in a case for unfair competition. complainant is entitled to an accounting and recovery of defendant's profits on the goods sold under that mark. 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. documents or things does not appear. and this rule applies in cases of unfair competition. or the relevancy of the books. by any yardstick. viz.

The power to punish for contempt is inherent in all courts. Such being the case. after investigation. Masangcay filed a petition for review with the SC. . its existence is essential to the preservation of order in judicial proceedings. the Commission. Manila. In proceeding on this matter. and.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 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. but also the power to try. filed the corresponding information’s against her and the same are now pending trial in court. as is done in paragraph 2 of Sec. The Court of industrial relation ruled in favor of Nina Micaller. Power to impose penalties Scoty’s Department Store v. Issue: WON the Court of Industrial Relations has jurisdiction to impose the penalties prescribed in section 25 of Republic 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. . it did not exercise any judicial function. This store was owned and operated by Yu Ki Lam. Ruling : The Commission on Elections has not only the duty to enforce and administer all laws relative to the conduct of elections. 875. prior to her separation. in the. the COMELEC sentenced Masangcay for imprisonment and imposing a fine. unless said contempt is [clearly considered and expressly defined as contempt of court. consequently. it only discharged a ministerial duty. And the exercise of that power by an administrative body in furtherance of its administrative function has been held invalid. Camelo v. The exercise of this power has always been regarded as a necessary incident and attribute of courts. it could not exercise the power to punish for contempt as postulated in the law. enforcement division is neither contempt nor a penalized offense. ". In this sense. for such power is inherently judicial in nature. Richard Yang. may however exercise quasi-judicial functions insofar as controversies that by express provision of law come under its jurisdiction. administration of justice. VIII. 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. Pursuant to section 5(b) of the Industrial Peace Act. 58 | P a g e . 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. Micaller 99 Phil 762 Facts: Nena Micaller was employed as a salesgirl in the Scoty's Department Store situated at 615 Escolta. and to the enforcement of judgments. Yu Si Kiao and Helen Yang. orders and mandates of courts. we said. After appearing and showing cause why they should not be punished for contempt. Its exercise by administrative bodies has been invariably limited to making effective the power to elicit testimony. The refusal to comply with order of tenancy law. The employers denied the charge. for it is merely an administrative body. hear and decide any controversy that may be submitted to it in connection with the elections. Issue : WON the COMELEC may punish Masangcay for contempt for his acts. although it cannot be classified as a court of justice within the meaning of the Constitution (Section 30. Article VIII). When the Commission exercises a ministerial function it cannot exercise the power to punish for contempt because such power is inherently judicial in nature. said employers had been questioning their employees regarding their membership in said union and had interfered with their right to organize under the law. 580 of the revised administrative code. Ramos 116 Phil 1152 IX.

Power in deportation and citizenship cases Lao Gi v. our considered opinion is that the power to impose the penalties provided for in section 25 of Republic Act No. and not in the Court of Industrial Relations. 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. If the liability for a crime is extinguished in the graver cases. 875 is lodged in ordinary courts. the Provincial Treasurer and 59 | P a g e . 1773 was that the marriage of the accused or convict with the offended party should extinguish the criminal liability in the cases of seduction. though of different degrees of gravity. it must be extinguished. after discussing the scope of article 448 of the Penal Code and Act No. CAB v. This is against the due process guaranteed by our Constitution. 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. B. if the crime of abuse against chastity is not denominated rape. abduction or rape. PAL 63 SCRA 524 X. such as frustrated or attempted seduction. Court of Appeals 180 SCRA 756 ADMINISTRATIVE PROCEEDINGS I. and for a stronger reason. both crimes being identical in every other respect. notwithstanding the definition of the word "Court" contained in section 2 (a) of said Act. Issue: The question is a purely legal one and sifts down to whether or not section 2 of Act No. the marriage of the accused with the offended party in the present case has extinguished his criminal liability." 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 wellinformed persons which results must be made a part of the record". the decision of the industrial court in so far as it imposes a fine of P100 upon petitioners is illegal and should be nullified. He filed an appealed contending that he married the victim therefore his criminal liability should be extinguished. This is clear and logical. 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. 1773 of the Philippine Legislature amending said article. it is only for the lack of the intention to lie. in the lesser crimes. abduction and rape and those involving offenses included in said crimes. 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. but this would be tantamount to amending the law which is not within the province of the judicial branch of our Government. or procedure. And this is so because. Now then. Ruling: The intention of our Legislature in enacting said Act No. Jurisdiction Definition People vs Mariano 71 SCRA 600 Facts: The Accused was convicted of the crime of abused of chastity. We therefore conclude that the crime of abuse against chastity is included in the crime of rape mentioned in section 2 of Act No. 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. Hence. Ruling: In conclusion. consequently. 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. 1773 and. 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.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer A. The Attorney-General entered an opposition to said petition wherein. among other things.

Jose A. 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. Angara won. functions.5. Article VIII. the petitioner took his oath of office.1 Book VII. that said respondent be declared elected member of the National Assembly for the first district of Tayabas. for having received the most number of votes. Angara.20 Such jurisdiction is essential to give validity to their determinations. proclaimed the petitioner as member-elect of the National Assembly for the said district.Vicente Avila Treasurer.Allan Aquino Secretary. among other things. programs and projects. or that the election of said position be nullified." It is a well-settled principle of administrative law that unless expressly empowered. In the petition for certiorari before Us. 1987 Administrative Code A. Source procedure of authority to promulgate rules of Section 5. We hold that respondent Secretary has no authority to pass upon the validity or regularity of the election of the officers of the katipunan. Procedure to be followed Sections 1 and 2. Assuming that the respondent Secretary has jurisdiction over the election protest." 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.Leo Sales. petitioner seeks the reversal of the resolutions of respondent for being null and void. 1935. Respondent Secretary issued a resolution nullifying the election of the officers of the FABC in Catanduanes held on June 18.** 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. and praying. The President elect Ruperto Taule Vice-President. 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 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. Construing the constitutional limitation on the power of general supervision of the President over local governments. Santos. 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. 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. To allow respondent Secretary to do so will give him more power than the law or the Constitution grants.Fidel Jacob Auditor. II. Governor of Catanduanes sent a letter to respondent Luis T. administrative agencies are bereft of judicial powers. is intended to be as complete 60 | P a g e . the Secretary of Local Government. returns and qualifications of members of the National Assembly. policies. 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 provincial board of canvassers.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer the Provincial Election Supervisor walked out. "(3) Promulgate rules and regulations necessary to carry out department objectives. plans. they cannot confer it upon themselves. Petitioner filed a motion for reconsideration of the resolution but it was denied by respondent Secretary. Jose A. Constitution Angara vs Electoral Commission 63 Phil 139 Facts: That in the elections of September 17. Respondent Leandro L Verceles. 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.19 The jurisdiction of administrative authorities is dependent entirely upon the provisions of the statutes reposing power in them. Respondent Pedro Ynsua filed before the Electoral Commission a "Motion of Protest" against the election of the herein petitioner. the petitioner.

entirely ignore or disregard the fundamental and essential requirements of due process in trials and investigations of an administrative character. Ang Tibay vs CIR 69 Phil 635 Ruling: The Court of Industrial Relations is not narrowly constrained by technical rules of procedure. Public respondents in their appeal questioned the validity of the NLRC’s decision on the ground that the NLRC erroneously. expeditious and inexpensive settlement of labor disputes. appeals to this Court have been especially regulated by the rules recently promulgated by this Court to carry into effect the avowed legislative purpose. Commonwealth Act No. Held: The labor arbiters and the NLRC must not. (3) the decisions of the Police Commission vs Lood 127 SCRA 757 61 | P a g e . It is a settled rule of construction that where a general power is conferred or duty enjoined. but may include in the award. 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. and the Act requires it to "act according to justice and equity and substantial merits of the case. must be deemed by necessary implication to have been lodged also in the Electoral Commission. Limitations on the power to promulgate rules of procedure First Lepanto Ceramics vs CA 231 SCRA 30 C. Technical rules not applicable arbiters and respondent Commission are based on unsubstantiated and self-serving evidence and were rendered in violation of petitioner's right to due process. Abundiente had no authority to appear and represent petitioner at the hearings before the arbiters and on appeal to respondent Commission. (Section 13. Kanlaon Construction Enterprises vs NLRC 279 SCRA 337 Facts: This is a labor case involving Kanlaon for illegal termination of employment of publics respondents. patently and unreasonably interpreted the principle that the NLRC and its Arbitration Branch are not strictly bound by the rules of evidence. returns and qualifications of members of the National Assembly. The incidental power to promulgate such rules necessary for the proper exercise of its exclusive power to judge all contests relating to the election. 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. Iligan City for further proceedings. every particular power necessary for the exercise of the one or the performance of the other is also included." (Section 20. Fifth Division. ibid. The fact. it was alleged that the the decision is void for the following reasons: (1) there was no valid service of summons. however. The arbitration’s decision is appealed to the NLRC. 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. Issue: WON publics respondents’ claim is tenable. B. 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.) It shall not be restricted to the specific relief claimed or demands made by the parties to the industrial or agricultural dispute. the grant of power to the commission would be ineffective. (2) Engineers Estacio and Dulatre and Atty. And this is as effective a restriction upon the legislative power as an express prohibition in the Constitution. The decision of the National Labor Relations Commission. be the first to arbitrarily disregard specific provisions of the Rules which are precisely intended to assist the parties in obtaining the just.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer and unimpaired as if it had remained originally in the legislature. 103. The express lodging of that power in the Electoral Commission is an implied denial of the exercise of that power by the National Assembly. in justiciable cases coming before it.) And in the light of this legislative policy. at the expense of due process. In brief. 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. is annulled and set aside and the case is remanded to the Regional Arbitration Branch.

and impose fines or other penalties for violations of the Revised Securities Act.000 fine on each of FIDELITY and CUALOPING. in its instant petition. as well as implementing rules and directives of the SEC. vs CA 251 SCRA 257 First Phil. Act No. Domingo of San Juan. 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. 48 even without stenographic notes taken of the proceedings of the case. provided that the parties are heard and gven the opportunity to adduce their respective evidence. The proceeding provided for is merely administrative and summary in character. Ibea and instead ordered then Municipal Mayor Braulio Sto. it is the regulatory power of the SEC which is involved. Petitioner contends that the lower court erred in holding that respondent Simplicio C. vs Bautista 32 SCRA 188 Villanueva vs Adre 172 SCRA 876 Chemphil Export & Import Corp. Section 2. Jr. Ruling: Respondent court's ruling against petitioner's decision as falling short of the legal requirements of due process. without such proceedings having initiated. the latter set aside the fines imposed by they the SEC. Branch VI. on appeal to the Court of Appeals. Held: The Securities and Exchange Commission ("SEC") has both regulatory and adjudicative functions. an appropriate adversarial action. compel legal and regulatory compliances. in turn. 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). speedy and inexpensive determination of their respective claims and defenses. This time. D." The formalities usually attendant in court hearings need not be present in an administrative investigation. the SEC may pass upon applications for. the latter. The question on the legal propriety of the imposition by the SEC of a P50. if minded. or may suspend or revoke (after due notice and hearing). When. Rep. 48 dismissing private respondent Simplicio C. 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.5 Book VII 1987 Admin Code Santiago. 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. Under its regulatory responsibilities. 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. Int’l Bank vs CA 252 SCRA 259 62 | P a g e . would be precipitat." 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. Any peremptory judgment by the SEC. 4864 does not provide that the Board of Investigators shall be a "board of record. contests it. certificates of registration of corporations. which declared null and void its decision in Administrative Case No.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Facts: Petitioner Police Commission seeks the setting aside of the decision of the defunct Court of First Instance (respondent court) of Rizal. conduct inspections. 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. such as may be warranted. homeowners' associations. and labor unions). Ibea was deprived of due process of law because the Police Commission decided Administrative Case No. 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. can no longer be deemed just a nominal party but a real party in interest sufficient to pursuant appeals to this Court. 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. 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. was in error. is an entirely different matter. The Commission has brought the case to this Court in the instant petition for review on certiorari.

Court of Appeals 94 SCRA 261 Ysmael v. 14 Book VII 1987 Admin Code Marcelino vs Cruz 121 SCRA 51 Romualdez-Marcos vs COMELEC 248 SCRA 300 1. Code Medenilla vs CSC 194 SCRA 278 Simpao vs CSC 191 SCRA 396 Alejandro vs CA 191 SCRA 700 H. not to sacrifice it by paying undue homage to formality. vs Laguesma 227 SCRA 826 Galongco vs CA 283 SCRA 493 E. acquisition of jurisdiction Section 5.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer R. Publication of decisions Section 16. Form of decision Mangca vs COMELEC 112 SCRA 273 Malinao vs Reyes 255 SCRA 616 Sections 2.1 Book VII 1987 Admin. Proof beyond reasonable doubt People vs Bacalzo 195 SCRA 557 2. Dep Exec Sec 190 SCRA 673 K. 227 3. 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 Collegiate decision. Code Auyong vs CTA 59 SCRA 110 G.13 and 2. 18 Section 7 Uy vs COA 328 SCRA 607 Camarines Norte Electric Cooperative vs Torres 286 SCRA 666 6. defined DUE PROCESS contemplates notice and opportunity to be heard before judgment is rendered. Finality of decisions Section 15 Chapter III Book VII Admin Code of 1987 Administrative Order No. default Section 10 Book VII 1987 Admin.3 Book VII 1987 Admin Code State Prosecutor vs Muro 236 SCRA 505 1. L-15430. It is designed to secure justice as a living reality. Institution of proceedings. Clear and convincing evidence Black’s Law Dictionary 5th ed. 30 Sept. Substantial evidence Velasquez vs Nery 211 SCRA 28 Malonzo ns COMELEC 269 SCRA 380 I. Rule 7 1997 Rules of Civil Procedure Santos vs NLRC 254 SCRA 675 Matanguihand vs Tengo. v. 20. For substance must prevail over form. Administrative appeal in contested cases Section 19. Finality. P. Transport Corp. III. Execution Divinagracia vs CFI 3 SCRA 775 GSIS vs CSC 202 SCRA 799 Vital-Gozon vs CA 212 SCRA 235 4. Application of the doctrine of res judicata Republic vs Neri 213 SCRA 812 Brillantes v Castro 99 Phil 497 Ipekdjian Merchandising vs CTA. Evidence Section 12. Preponderance of evidence New Testament Church of God vs CA 246 SCRA 266 4. 272 SCRA 704 F. Hearing Secretary of Justice vs Lantion 322 SCRA 160 Section 11. as well as the guarantee of being heard by an impartial and competent tribunal 63 | P a g e . 21. 1963 Teodoro vs Carague 206 SCRA 429 J. Substantive and procedural due process.8. PROCEDURAL DUE PROCESS • Consists of the 2 basic rights of notice and hearing. 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.1. Decision Section 2.12 Book VII 1987 Admin Code 2. requirement to be valid Mison vs COA 187 SCRA 445 Aquino-Sarmiento vs Morato 203 SCRA 515 5.2 Book VII 1987 Admin Code 3. Pre-trial conference. affecting one’s person or property. Due process of law in administrative adjudication A.

Recently. The significance of such an insistence on a faithful compliance with the regular Secretary of Justice vs Lantion 322 SCRA 160 Facts: President Marcos issued PD No. which proceeds upon inquiry. to repeat. a decision rendered half a century ago. and the need for rules to guide the executive department and the courts in the proper implementation of said treaties. the mutual concern for the suppression of crime both in the state where it was committed and the state where the criminal may have escaped. He was arraigned though without summons and subpoena afforded to him.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer • • By procedural due process is meant a law which hears before it condemns. is there really a conflict between the treaty and the due process clause in the Constitution? 64 | P a g e . There is the express admission in the statement of facts that respondents. private respondent. 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 RPExtradition Treaty? Assuming the answer is in the affirmative. as a court martial. The Decree is founded on: the doctrine of incorporation under the Constitution. LACK OF AUTHORITY OF COURT-MARTIAL TO TRY PETITIONER. 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.. Palanca. From the proven facts and the admission likewise of the respondents. Government. or quasi-judicial power to hear and determine the matter before it. namely. the existence of the court or tribunal clothed with judicial. and renders judgment only after trial The constitution provides that no person shall be deprived of life. 1069 "Prescribing the Procedure for the Extradition of Persons Who Have Committed Crimes in a Foreign Country". 1999 addressed to petitioner requesting copies of the official extradition request from the U. wrote a letter dated July 1. Such a denial of due process is therefore fatal to its assumed authority to try petitioner. ought not to have dismissed his petition summarily. as well as all documents and papers submitted therewith. Petitioner refused because it is not included in the procedure of the RP-US Treaty. There is such a denial not only under the broad standard which delimits the scope and reach of the due process requirement. This is a requirement that goes back to Banco Español Filipino vs. the court martial which tried his case was not properly convened. the extradition treaty with the Republic of Indonesia and the intention of the Philippines to enter into similar treaties with other interested countries. amounts to a denial of due process. 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. and that he be given ample time to comment on the request after he shall have received copies of the requested papers. which clause optimizes the principle of justice which hears before it condemns which upon inquiry and renders judgment only after trial. liberty and property without due process of law. stress was laid anew by us on the first requirement of procedural due process.. Note Verbale No.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. S. but also under one of the specific elements of procedural due process. the action taken against petitioner being induced solely by a desire to avoid the effects of prescription. were not convened to try petitioner but someone else. The Department of Justice received from the Department of Foreign Affairs U. it would follow then that the absence of a competent court or tribunal is most marked and undeniable. The writ of certiorari and prohibition should have been granted and the lower court. S.The failure to comply with the dictates of the applicable law insofar as convening a valid court martial is concerned. 0522 containing a request for the extradition of private respondent Mark Jimenez to the United States. Of War 96 and 97. The validity of the court martial proceeding was challenged by the petitioner at the regular court on the ground of due process. Santiago vs Alikpala 25 SCRA 356 Facts: Petitioner Santiago was charged with violation of Arts. through counsel.

or otherwise (De Leon. From the procedures earlier abstracted. the rights of notice and hearing are clearly granted to the prospective extraditee. Albert died before the case proceeded to trial. On July 31.S. Inc. Administrative Law: Text and Cases. By virtue of this writ. Aruego and his law firm were counsel for the University Publishing Company. All along. investigation is indispensable to prosecution. citing Morgan vs. From the inception of the suit below up to the time the judgment in L-15275 was to be executed. that he violated its terms. However."2 This triggered a verified petition in the court below on August 10. Albert vs CFI of Manila 23 SCRA 948 Facts: Plaintiff Albert sued University Publishing Company. 1996 ed. They then discovered that no such entity exists. a quasi-judicial proceeding involves: (a) taking and evaluation of evidence. Aruego. which is also known as examining or investigatory power. its by-laws and all other papers material to its disputed corporate existence. (b) determining facts based upon the evidence presented. However. Albert. 304 U. Inc. by counsel Aruego. chose to remain silent. Instead of informing the lower court that it had in its possession copies of its certificate of registration. for breach of contract. p. p. Inc. 1993 ed. and that in the litigation he was the real defendant. extradition procedures also manifests this silence. plaintiff's petition should be denied.. Inc. p. Aruego aforesaid) merely countered plaintiff's petition for execution as against Aruego with an unsworn manifestation in court that "said Jose M. Perforce. production of documents.. 27). In administrative law. 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. Inc.. 1961. testimony of witnesses.. Notably. is one of the determinative powers of an administrative body which better enables it to exercise its quasi-judicial authority (Cruz. thereby precipitating the suit in question. Inc.. defendant's liability was determined by this Court in L15275.. and (c) rendering an order or decision supported by the facts proved (De Leon. and to grant him a reasonable period within which to file his comment with supporting evidence. acting as representative of a non-existent principal. organizing. p. Administrative Law. or to require disclosure of information by means of accounts. Plaintiff was to recover P15. 26). On August 11. Mamaril and Associates (the law firm of Jose M." and. in line with the ends of justice. which is a useful aid or tool in an administrative agency's performance of its rule-making or quasijudicial functions. was substituted.. plaintiff's counsel and the Sheriff of the City of Manila went to see Jose M. and investigate the activities. Aruego is not a party to this case. and was not then put in issue. Issue: WON Aruego is a party to this case 65 | P a g e . Jose M. was the real party to the contract sued upon.. Aruego who signed the contract with plaintiff on behalf and as President of University Publishing Company. University Publishing Company. 1961. either as a corporation or partnership. The power of investigation consists in gathering.S. said Commission issued a certification "that the records of this Commission do not show the registration of UNIVERSITY PUBLISHING CO. Finally. Inc. the law is silent as to these rights. A verification made at the Securities and Exchange Commission confirmed this fact. Aruego as the real defendant in the case. 64). reports. cit. appears to have been taken for granted. responsibility under the judgment falls on him. United States. Phil. 1). INC. its article of incorporation.000. his estate's administrator. Petitioner is ordered to furnish private respondent copies of the extradition request and its supporting papers. after the filing of the extradition petition and during the judicial determination of the propriety of extradition. therefore. 198. that he was the one who reaped the benefits resulting from it. and analyzing evidence. prior thereto. University Publishing Company. Held: "The evidence is patently clear that Jose M. Inquisitorial power. of persons or entities coming under its jurisdiction (Ibid. records.00 with legal interest from judicial demand. so much so that partial payment of the consideration were made by him. Reference to the U. 1961 an order of execution against University Publishing Company. and Justo R. op. This power allows the administrative body to inspect the records and premises. a new problem cropped up. when the Court of First Instance of Manila issued on July 22. the corporate existence of University Publishing Company.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Held: Petition is DISMISSED for lack of merit.

therefore. The petitioner. 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. Laws uits. Ang Tibay. which proceeds upon inquiry. 6. Gaz. 54 Off. While the duty to deliberate does not impose the obligation to decide right. are not to be won by a rapier's thrust. 505. a contest in which each contending party fully and fairly lays before the court the facts in issue and then. 7. There should he no vested rights in technicalities. 47 Phil. 100 Phil. it does imply a necessity which cannot be disregarded. Director of Lands. on the other hand. namely. 23. . Inc. The Court of Industrial Relations should. B. render its decision in such manner that the parties to the proceeding can know the various issues involves and reason for the decision rendered The officer or tribunal conducting the investigation must be vested with competent jurisdiction 66 | P a g e . brushing aside as wholly trivial and indecisive all imperfections of form and technicalities of procedure. The first of these rights is the right to a hearing. entraps and destroys the other. It may now be trite. which includes the right of the party interested or affected to present his own case and submit evidence in support thereof. 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.' (Sicat vs. 32).) 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. that of having something to support its decision.. It is. asks that justice be done upon the merits. .-There are cardinal primary rights which must be respected even in proceedings of this character. 3. deserves scant consideration from courts.' (Lopez vs. in all controversial questions. 321-322: 'A litigation is not a game of technicalities in which one.' (4 Wheaton. Inc. more deeply schooled and skilled in the subtle art of movement and position. when it deserts its proper office as an aid to justice and becomes its great hindrance and chief enemy. unlike duels. 4. 1. as this Court has said. to quote what long ago we said in Alonso vs. not to sacrifice it by paying undue homage to formality. rather. 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. U. Villamor. 2. affecting one's person or property. The decision must be rendered on the evidence presented at the hearing. but the evidence must be substantial.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer "By 'due process of law' we mean 'a law which hears before it condemns. For substance must prevail over form. The performance of this duty is inseparable from the authority conferred upon it. render its decision in such a manner that the parties to the proceeding can know Lin: various issues involved. 16 Phil. 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. Technicality. 581). but none the less apt. 5. Reyes. 315. 8. or. and not simply accept the views of a subordinate in arriving at a decision. Issue: What are the cardinal primary rights? Held: CARDINAL PRIMARY RIGHTS. . 518. or at least contained in the record and disclosed to the parties affected. 'Due process of law' contemplates notice and opportunity to be heard before judgment is rendered. Cardinal primary requirements of due process • 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 Ang Tibay vs CIR 69 Phil 635 Facts: The respondent National Labor Union. Not only must there be some evidence to support a finding or conclusion. The Court of Industrial Relations or any of its judges.S. [17]4945.. and renders judgment only after trial. must act on its or his own independent consideration of the law and facts of the controversy. and the reasons for the decisions rendered.

The teachers appointed by the DECS as members of its investigating committee was ever designated or authorized by a teachers organization as its representatives in said committee. the consolidated schedule had to be approved temporarily if the operations of the flights referred to were not to be suspended. Fabella vs CA 282 SCRA 256 Facts: The petitioner herein. as chairman. to consider. considering the report of the hearing examiner. The Board. It is not intended to be a mere receptive organ of the Government. 103 (section 1). PAL submitted a so-called consolidated schedule of flights that included the same Mercury night flights and this was allowed by Board Resolution No. the function of the Court of Industrial Relations. that in all those hearings petitioner was not notified or give opportunity to adduce evidence in support of its opposition. the teacher’s organization possess the right to indicate its choice of representatives.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer The Court of Industrial Relations is a special court whose functions are specifically stated in the law of its creation (Commonwealth Act No. Issue: WON PAL violated the requisites of administrative due process 67 | P a g e . In short. It is more an administrative board than a part of the integrated judicial system of the nation. not even allegation. a representative of the local or. 139(68). and settle any question. only three or four frequencies of the seven proposed new flights. acting only when its jurisdiction is invoked and deciding only cases that are presented to it by the parties litigant. for a period of 30 days starting 31 July 1968. Unlike a court of justice which is essentially passive. the temporary permit was issued to prevent the stoppage or cessation of services in the affected areas. as will appear from perusal of its organic law. Issue: WON there was denial of due process Held: The Court held that there was indeed a denial of due process. subject to. 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. 190 (68) approving. 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. Mere membership of said teachers in their respective organizations does not ipso facto make them authorized representatives of the organizations. thus. 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. Respondent teachers were denied of due process. 103). It has jurisdiction over the entire Philippines. 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. Hence the failure to comply with the requirement vested no jurisdiction to the committee to hear the case. investigate. Such right cannot be usurped by the Secretary of Education or the Director of Public Schools or their underlings. and regulate the relations between them. matter controversy or dispute arising between. in its absence. and/or affecting. passed Resolution No. decide. filed a petition for the judgment of the trial court holding that said public school teachers were denied of due process in the proceedings. the provisions of Commonwealth Act No. any existing provincial or national teacher’s organization and supervisor of the Division. There is no proof. the last 2 to be designated by the Director of Public Schools. 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. Under the law. is more active. affirmative and dynamic. and in accordance with. and landlords and tenants or farm-laborers. employers and employees or laborers. The Board's action was impelled by the authorizations of certain flight schedules previously allowed but were incorporated were about to expire. where the teachers belong.

Philippine Movie Pictures Wokers’ Association vs Premiere Productions. The allegations cannot be established by a mere inspection of the place of labor specially when conducted at the request of the interested. Sec. are hereby referred to a hearing examiner for reception of evidence on its economic justification. 168 by Neptali Gonzales. or property without due process of law.) Held: YES.' (cited in Philippine Constitutional Law. 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 above-mentioned 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. 1975 ed. the general rule is that prior notice and hearing are necessary only where the law so requires. 1983. No. or at least contained in the records or disclosed to the parties affected ADMINISTRATIVE DUE PROCESS C. and (d) a finding or decision by that tribunal supported by substantial evidence* presented at the hearing. introduce witnesses and relevant evidence in his favor: (c) a tribunal so constituted* as to give him reasonable assurance of honesty and impartiality. Necessity for notice and hearing In administrative cases. 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. liberty. nor shall any person be denied equal protection of the laws. They are automatically renewed every year provided the grantee has utilized its quotas during the previous years. L-5621. a law which hears before it condemns. Itchon. Furthermore. 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. 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. Inc.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer conducted in the premises of the respondent company was incurring financial losses. The court of quo merely acted on the strength of the ocular inspection it 68 | P a g e . These export quotas have been granted annually to the Petitioner since 1976. New Constitution). 1. 25 March 1953 Facts: The Court of Industrial Relations authorized lay off of workers solely on the basis of an ocular inspection. the petitioner received a letter from the Board informing it that its 1983 export quota allocations were revoked effective February 1983. of the institution of the proceedings that may affect a person s legal rights. And this administrative due process is recognized to include (a) the right to notice*. which proceeds upon inquiry and renders judgment only after trial. On March 2.R." It has been correctly said that administrative proceedings are not exempt from the operation of certain basic and fundamental procedural principles. It was precisely prescribed that "all schedules under the DTS-35 for which no previous approval has been granted by the Board. 16 SCRA 921). liberty. and immunities under the protection of the general rules which govern society. due proem is the equivalent of the law. the Board granted export quota allocations for 1983 to the petitioner. its major stockholders and officers were also distinguished from engaging in business activities involving garment and textile exports. p. Sometime in 1982. The meaning is that every citizen shall hold his life. The required process has not been followed.'(Article TV. and one of competent jurisdiction. such as the due process requirements in investigations and trials (Asprec vs. According to Daniel Webster in the Dartmouth College case. G. (b) reasonable opportunity to appear and defend his rights*.. be it actual or constructive. property.

ADMINISTRATIVE PROCEEDINGS. that no hearing had actually been held by the summary dismissal board: and that at any rate he was not heard. which is dispensed with. 1707. 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.The facts found by the board were not the result of any investigation conducted by it but by some other group. indeed." 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.in the opinion of his superiors strong can compensate for the procedural shortcut evident in the record of this case.D. Cold neutrality of a judge "Administrative due process requires that there be an impartial tribunal constituted to determine the right involved. The reviewing officer must be other than the officer whose decision is under review. The formal investigation.' (42 Arm Jur.. 971. 69 | P a g e .D. NOT PROPER. 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. Nor does the decision of the summary dismissal board disclose on what the supposed report was based. " Privileges that had long been enjoyed transforms and becomes in the character of one’s property. an accessory . This is in violation of the rule that in administrative proceedings "the decision must be rendered on the evidence contained in the record and disclosed to the party affected. 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. p. DUE PROCESS. BILL OF RIGHTS. BASIS OF DECISION. Philippine Constitutional Law). Issue: WON the contention of petitioner is with merit Held: YES. Petitioner maintains that he was not served written charges and informed of the nature of such charges." In all probability. those who are guilty are allowed to escape punishment. This is evident from the decision of the board which refers to the result of an -investigation. No. in violation of due process of law. 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 . as amended by P. SUMMARY DISMISSAL BOARD.Petitioner's case was decided under P.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. While Sec. are tangible proofs that he was. that due notice and opportunity to be heard be given.. The filing of charges and the allowance of reasonable opportunity to respondent to answer the charges constitute the minimum requirements of due process. otherwise there would be no different views or there could be no real review of the case. that the procedure at the hearing be consistent with the essentials of a fair trial.in said gambling operation. 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. No.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer necessity of a formal investigation" of members of the INP "when the charge is serious and the evidence is strong. But the report is not in the record of this case which the NAPOLCOM transmitted to the Court. said report was not in writing and the supposed testimonies of the two witnesses were not taken down. 183. 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. D.. 8-A of the Decree authorizes summary dismissals "without the 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. cited by Neptali Gonzales. through blunder.if not a principal . p. OBSERVANCE THEREOF REQUIRED IN SUMMARY DISMISSAL. 451. 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.

Instead of inhibiting himself. to use another analogy. Inc. Conflicts and disputes arising out of mining locations shall be submitted to the Director of Mines for decision: "Provided..The Mining Law. otherwise. meaning fundamental fairness. Prior notice and hearing. Essential elements of due process: a. The right to actual or constructive notice… b. In that case. 137. 1960 wherein he dismissed the case filed by the petitioners or protestants (Zambales Chromite Mining Co. That the decision or ruling be supported by substantial evidence In administrative proceedings. inevitably. the general rule is that prior notice and hearing are necessary only where the law so requires. the reviewing officer must perforce be other than the officer whose decision is under review. The palpably flagrant anomaly of a Secretary of Agriculture and Natural Resources reviewing his own decision as Director of Mines is a mockery of administrative justice. essential elements of procedural due process In administrative cases. Commonwealth Act No. The decision of the reviewing officer would be a biased view. E. 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. when Secretary Gozon reviewed his own decision as Director of Mines. A finding by said tribunal which is supported by substantial evidence Villa vs Lazaro 189 SCRA 34 70 | P a g e . Director Gozon was appointed Secretary of Agriculture and Natural Resources. he acted as trial judge and appellate judge in the same case. or the group of Gonzalo P. Nava). Thus. In order that the review of the decision of a subordinate officer might not turn out to be a farce. vs CA 94 SCRA 261 Facts: Director Gozon issued an order dated October 5. Director Gozon found that the petitioners did not discover any mineral nor staked and located mining claims in accordance with law. Secretary Gozon exercised appellate jurisdiction over a case which he had decided as Director of Mines. Or. it would be the same view since being human. The procedure at the hearing be consistent with the essentials of a fair trial d. We hold that Secretary Gozon acted with grave abuse of discretion in reviewing his decision as Director of Mines. While the appeal was pending. Zambales. as if he was adjudicating the case for the first time. he would not admit that he was mistaken in his first view of the case. 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 Zamboanga Chromite Mining Co. they sought to be declared the rightful and prior locators and possessors of sixty-nine mining claims located in Santa Cruz. 61. An impartial tribunal b. due process has been recognized to include the following a. He acted as reviewing authority in the appeal from his own decision. A tribunal vested with competent jurisdiction… d. 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. 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. there could be no different view or there would be no real review of the case. A real opportunity to be heard… c. On the basis of petitioners' evidence. provides: "SEC. Due notice and opportunity to be heard be given c. Issue: WON Petitioners-appellant were deprived of due process when Gozon reviewed his own decision Held: Petitioners-appellants were deprived of due process. he decided the appeal.

RCA Communications vs PLDT 110 Phil 420 Facts PLDTCO entered into an agreement with the American Telephone and Telegraph Company. 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. 1956. The court finds no merit in the proposition that relief is foreclosed to Villa because her motion for reconsideration of Nov. Veneracion. by resorting to the prescribed practice of forum-shopping. 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. 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. the orders of the Commission made no reference whatever to the documents Villa had already sent by registered mail. and so was the motion for reconsideration. who threw out petitioner’s appeals with no reference that would have been decisive. the same to be effective not later than February 2. militates against imposing strict observance of the limiting periods applicable to proceedings otherwise properly initiated and regularly conducted. an informality for which Com. 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. Villa received from Dizon an “Order to Present Proof of Locational Clearance. 1958. lodged a complaint with the HSCR on substantially the same ground litigated in the action – relative parlors’ distance from hospitals whether public or private. ever made known the complaint of Veneracion to Villa until much later. Following adverse judgment to the court in his suit to enjoin the construction of the funeral parlor. An appeal to the office of the Presidential Assistant for Legal Affairs. 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. “ Since she had already sent the required locational clearance. wherein both companies agreed to establish telephone services between the Philippines and the United States. after the Commission has rendered several adverse rulings against her. As it lacked the necessary equipment and facilities. Villa made no response.000 and requiring her to cease operations." On January 3. to deprive one party of rights confirmed and secured thereby and to accord her adversary.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Facts: Anita Villa was granted a building permit issued by the City Engineer to contrcust a funeral parlor. and later. PLDTCO sent RCA a notice of termination of its arrangements with the latter. Villa received a telegram from the HSRC through Commissioner Dizon requesting “transmittal of proof of location clearance granted by this Office. Dizon himself was responsible and which he never sought to rectify.” Subsequently. for conducting that inquiry in the most informal manner by means only of communication requiring submission of certain documents. if not active bias and partiality that is most reprehensible. and three months later. requiring her to show cause why a fine should not be imposed on her or a cease-and desist order issued against her for her failure to show proof of locational clearance. Noteworthy are the following: neither Veneracion nor the Commision. 22. filed an application with the Secretary of Public Works and Communications. a writ of execution in implementation of the order. which left the impression that compliance was all that was expected of her and with which directives she promptly and religiously complied. through the Radio Control Board. 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. instead of appealing the judgment. These facts present a picture of official incompetence or gross negligence and abdication of duty. she received an Order imposing on her a fine of P10. The very informal character of the so-called administrative proceedings. Held: Yes. A motion for reconsideration to which she attached copies of the Commission Proper was also denied on account of the finality of the Order. copies mail. for authority to construct and operate a radio-telephonic station of its own at 71 | P a g e . Then Villa received a “show cause” Order. 1982 was filed out of time. 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. In spite of her communication that she had already mailed all required documents.

Bolastig is governor of Samar.00) CONTRARY TO LAW." Corollarily. that is. even assuming that a hearing is required. shall be suspended from office. whereupon he entered a plea of "not guilty. It is now settled that sec. a private citizen.500. or any offense involving fraud upon government or public funds or property is filed. Held: Yes. or operation of a radio station (paragraph k). 3019 makes it mandatory for the Sandiganbayan to suspend any public officer against whom a valid information charging violation of that law. preventive suspension is improper and should not be decreed Issue: Whether or not preventive suspension was proper." Section 11 Book VII 1987 Admin Code Bolastig vs Sandiganbayan 235 SCRA 103 Facts: Petitioner Antonio M. hearing is required in the consideration by the Secretary of Public Works and Communications of any application for the installation.-Any incumbent public officer against whom any criminal prosecution under a valid information under this Act or under Title 7. no. Petitioner opposed the motion alleging that preventive suspension should therefore be ordered only when the legislative purpose is achieved. 13 of Republic Act No.00). establishment. thereby causing undue injury to the government in the total amount of FortyNineThousand Five Hundred Pesos (P49. 1993. paragraphs d and 1. At any rate. 13 of Republic Act No.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 72 | P a g e . of the said law. Special Prosecution Officer III Wilfredo Orencia moved for petitioner's suspension. when the legislative purpose is not achieved. that in administrative proceedings. is pending in court. 3019). 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. Title 7 of the Revised Penal Code. for the purchase of certain office supplies. citing see. which contract was manifestly and grossly disadvantageous to the government as the prevailing unit price for said item was only Fifty-Five Pews (P55. Issue: Whether or not RCA was denied of hearing and opportunity present case. Bulacan. as amended) shows that.00) or a total price of Five Thousand Five Hundred Pews (P5.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Marilao. 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. RCA must be considered to have waived its right thereto. Book 11 of the Revised Penal Code or for any offense involving fraud upon government or public funds or property. Petitioner was arraigned on January 5." On January 25.00). Suspension and loss of benefits. Book II. namely: one hundred (100) reams of Onion Skin size 11" x 17" at a unit prim of Five Hundred Fifty pesos (P550. 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. 3019 which provides in part: Sec. hearing is only necessary in those cases where the statute so requires. and for the assignment to It of appropriate radio frequencies. 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. Held: No. 1993.000. unlike in other proceedings or instances specified in section 3. 3846.500. 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. A cursory reading of the Radio Control Law (Act No.00) or a total price of Fifty-Five Thousand Pesos (P55. 13. whether as a simple or as a complex offense and in whatever stage of execution and mode of participation. That he and others wilfully and unlawfully enter into a purchase contract with REYNALDO ESPARAGUERRA.

Monetary Board' s resolution to stop operation and proceed to liquidation be first adjudged before making the resolution effective. The trial court granted the relief sought and denied the application of TSB for injunction. and. the preventive suspension of public servant facing administrative charges. Thereafter. 4 (now par. citing Zoning Ordinance No. Notice and hearing. without judicial process. Estate of Gregoria Francisco vs CA 199 SCRA 595 Facts: Monetary Board (MB)issued Resolution No.A. 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. notified Tan Gin San by mail to remove or relocate its quonset building. that is. Central Bank vs CA 220 SCRA 536 73 | P a g e . without first hearing the side of the bank. when dispensed with 1. It is enough that a subsequent judicial review be provided.17 It was held that a hearing is nowhere required in Sec. Inc. 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. 596. 596 ordering the closure of Triumph Savings Bank (TSB). 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. When par. Since the notifications remained unheeded by petitioner. and appointing Ramon V. TSB filed a complaint with the Regional Trial Court of Quezon City against Central Bank and Ramon V. as amended by E. order the demolition of petitioner's Quonset building. 5. The permittee was using the Quonset (hut) for the storage of copra. Sec. otherwise known as 'The Central Bank Act. Held: Ruling: No. Tiaoqui to annul MB Resolution No.O. 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. stressing the "clean-up campaign on illegal squatters and unsanitary surroundings along Strong Boulevard. Respondent Mayor ordered the demolition. Issue: Whether or not Respondent Mayor could summarily. like the summary abatement of a nuisance per se. to expire on 31 December 1989. 269. 147 of the municipality. much less found guilty thereof.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer office. Tiaoqui as receiver. Facts The Philippine Ports Authority (Port of Zamboanga) issued to Tan Gin San. 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. In the early case of Rural Bank of Lucena. 29 of R. it is unmistakable that the assailed actions should precede the filing of the case." as amended. noting its antiquated and dilapidated structure. It F. the law requires the judge to issue a warrant fur the arrest of the accused. forbidding it from doing business in the Philippines. Triumph Savings under the receivership of the officials of the Central Bank was done without prior hearing. through respondent Municipal Action Officer. Respondent Mayor. The law does not require the court to determine whether the accused is likely to escape or evade the jurisdiction of the court. Ruling: No. 29 nor does the constitutional requirement of due process demand that the correctness of the. surviving spouse of Gregoria Francisco. The presumption is that unIess the accused is suspended he may frustrate his prosecution or commit further acts of malfeasance or do both. v Arca [1965]. Issue: Whether or not summary closure was "arbitrary and in bad faith" and a denial of "due process. 289) provides for the filing of a case within ten (10) days after the receiver takes charge of the assets of the bank. 29 does not contemplate prior notice and hearing before a bank may be directed to stop operations and placed under receivership. placing it under receivership. Plainly. a permit to occupy the lot where the building stands for a period of one (1) year. challenging in the process the constitutionality of Sec. Where there is an urgent need for immediate action. with prayer for injunction.

but only as a preventive measure. It appears that petitioner conducted a preliminary investigation on the basis of which she found that only acts of lasciviousness had been committed. as opined by the Court of Appeals. such as the summary distraint and levy of the property of a delinquent taxpayer and the replacement of a temporary appointee. such suspension not being a penalty but only a preliminary step in an administrative investigation." 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. nothing improper in suspending an officer pending his investigation and before the opportunity to prove his innocence. 2. No. It follows then that respondent public officials of the Municipality of Isabela. Lastimosa vs Vasquez 243 SCRA 497 Facts: Petitioner Gloria G. improper or inefficient. insubordination. Ruling: 1. If after such investigation. the performance of his official duty 15 It is enough that the act or omission was committed by a public official. or arise from. unjust. when such act or omission appears to be illegal. both in the Office of the Ombudsman and were placed under preventive suspension. There is.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 1. suffice it to say that the suspension was not a punishment or penalty for the acts of dishonesty and misconduct in office. when committed by a public official like a municipal mayor. therefore. This is the penalty. Lastimosa is First Assistant Provincial Prosecutor of Cebu. is within the power of the Ombudsman to investigate and prosecute. Because she and the Provincial Prosecutor refused. Hence. They had deprived petitioner of its property without due process of law. Sitchon vs Aquino 98 Phil 458 2. or connected with. the crime of rape. The fact that petitioner filed a suit for prohibition and was subsequently heard thereon will not cure the defect. an administrative complaint for grave misconduct. where the respondent is not precluded from enjoying the right to notice and hearing at a later time without prejudice to the person affected. or at any rate failed. office or agency. was not squatting on public land. Yes. Rogelio Ilustrisimo as ordered by the Ombudsman. the demolition having been a fait accompli prior to hearing and the authority to demolish without a judicial order being a prejudicial issue. then he is removed or dismissed. It was entitled to an impartial hearing before a tribunal authorized to decide whether the quonset building did constitute a nuisance in law. 74 | P a g e . There was no compelling necessity for precipitate action. Basilan. Garcia: In connection with the suspension of petitioner before he could file his answer to the administrative complaint. Its property was not of trifling value. As held in Nera v. any act or omission of any public officer or employee. the charges are established and the person investigated is found guilty of acts warranting his removal. The office of the Ombudsman has the power to "investigate and prosecute on its own or on complaint by any person. to file a criminal charge of attempted rape to the Municipal Mayor of Santa Fe. 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. transcended their authority in abating summarily petitioner's quonset building. Prior notice and hearing is a not required. Whether or not the preventive suspension is invalid as it denied them opportunity to refute the charges against them 2. Issues: 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. Where there is tentativeness of administrative action. Suspension is a preliminary step in an administrative investigation.

counsel and client have chosen to shy away from the trial. he having been given an opportunity to be heard Banco Filipino vs Central Bank 204 SCRA 767 G. 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. an o pportunity to be heard. and required surrender of. thus The rule a pplies even to quasi-criminal or criminal proceedings. More than this. A complaint was but was absent in the hearing. Petitioner cannot now charge that he received less-than-a-fair-treatment. And this because wi thout cause or reason. that date of trial (May 11) had been previously a greed upon by the parties and their counsel. maintain and operate an electric light heat and/or power plant for the purpose of generating and distributing light. can be done.. Notice and hearing in rate-fixing 3. Inc. is not always of the essence of due proces s. 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. • Where the law is silent on prior notice and hearing as a requirement before an agency action. a franchise to construct. Camarines Sur. It is best answer ed by a reference to the opinion of the court below. that Asprec was guilty of deceit and thus violated the Code of Ethics for surveyors. which refers to the whole or part of every agency rule. 316. relief or its equivalent or denial thereof. all that the law requires to satisfy adherence to this const itutional precept is that the parties be given notice of the trial. Ragay. 75 | P a g e . license. Presence of a party at a tri al. 1959 revoked. Petitioner had notice of the trial of May 11t h. sanction. The Board's unanimous decision of October 27. it was hel d that he was not deprived of his day in court when the judge order ed him arrested unless he pay the support he was adjudged to giv e. without any excuse at all. Where the twin rights have previously been offered but the right to exercise them had not been claimed. He has forfeited his right to be heard in his defense. Issue: Whether or not petitioner was denied his right to present his case. From this he proceeds to draw the conclus ion that no valid trial could proceed even if he absented himself th erefrom. 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. granted petitioner Vigan Electric Light Company. That no survey was conducted and that it was a mere copy of one Damian Alham. where th e respondent in a petition for contempt failed to appear on the dat e set for the hearing. petitioner concedes. Really. He cannot raise his voice in protest against the act of the Board i • • As a general rule. he cannot look to the law or to a judicial tribunal to whipsaw the Board into giving him a new on e. Ruling: No. We do not see eye to eye with this view. So. heat and/or power. As he and counsel did not appear at t he last and stipulated date of bearing. petitioner has had more than ample opportunity to defe nd himself before the Board. Asprec's certificate of registration as a private land surveyor. of which he was previously notified. He requested Asprec to undertake survey on his lot in Port Junction.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer n proceeding in his and his counsel's absence.6 Petitioner insists that the proceeding before the Board are quasi-criminal in nature. order.

The finding that the Vigan Electric Light Co. 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. 76 | P a g e . Respondents {being the next-in-rankemployees} jointly lodged a protest before the DPWH task force re-organization contesting the appointment of petitioner. Ilocos. 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. because respondent was merely holding informal conferences to ascertain whether petitioner would consent to the reduction of its rates. or are. 1989. we believe that it is in the public interest and in consonance with Section 3 of Republic Act No. DUE PROCESS IS REQUIRED). that such order had been issued without notice and hearing. Medenilla vs CSC 194 SCRA 278 Facts: Petitioner Medenilla is a contractual employee of DPWH as Public Officer II. Inc. 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. and that. ON DUE PROCESS). 2. On Jan. Petitioner filed a ‘motion for reconsideration” before the CSC but to no avail. petitioner was appointed to the contested position of Supervising Human Resource Development Officer. and. is making a net operating profit in excess of the allowable return of 12% on its invested capital. 1962.. prerequisite to action by the commission. 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. As a general rule. charging the following: The sale of 2. Respondent then expressed the view that there was no necessity of serving copy of said letter to petitioner. and manpower management. accordingly. The Commission disapproved the appointment of the petitioner reversing the ruling of task force. hence. Vigan Electric Light Co. Later on. on the other hand. one of the cardinal requirements of due process being that the decision or ruling of an administrative body must be supported by substantial evidence. 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. which make notice and hearing. Sur". 1962 Petitioner herein instituted the present action for certiorari to annul said order of May 17. whether the proceedings. latter had not furnished the former a "copy of the alleged letter-petition of Congressman Crisologo and others. where the decision against him has nothing to support itself. said order is clearly violative of the due process clause... The task force dismissed the protest of the respondents thereby appealing before the Civil Service Commission. That petitioner had not even been served a copy of the auditor's report upon which the order complained of is based. upon the ground that.000 ELECTRIC METERS in blackmarket by the Vigan Electric Light Company to Avegon Co. the petition then was filed before the Supreme Court. However such opportunity is nothing and he is still denied due process. that is. petitioner had been denied due process. hence .Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Petitioner received a letter of respondent informing the former of an alleged letter-petition of "Congressman Floro Crisologo and 107 alleged residents of Vigan. is hereby ordered to reduce the present meter rates for its electric service effective upon the billing for the month of June. 3043 that reduction of its rates to the extent of its excess revenue be put into effect immediately. H. and upon the nature and object of such proceedings. determinative and judicial or quasi-judicial (IN ALL INSTANCES. having been issued without previous notice and hearing. null and void. Inc. legislative and rule-making in character (SUBJECT TO STATUTORY REQUIREMENTS. affecting the rights and property of private or specific persons. are on the one hand. she was detailed as Technical Assistant in the office of the assistant secretary for the admin.

payable to his heirs.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 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. and the backwages from the period he was dismissed from service up to the time of his death on May 19. not a due process requirement There is nothing in the Constitution that says that a party in a non-criminal proceeding is entitled to be represented by counsel and that. Right to counsel. after finding Lumiqued administratively liable. Petitioner was not notified of the appeal before the Commission. The first affidavitcomplaint dated November 16. without such representation. a party in an administrative inquiry may or may not be assisted by counsel. finding Lumiqued liable for all the charges against him. In view of Lumiqued's death on May 19. 1993. Memorandum of then Justice Secretary Drilon. The hearing conducted by the investigating committee was not part of a criminal prosecution.Cordillera Autonomous Region (DAR-CAR) until President Fidel V. his heirs instituted this petition for certiorari and mandamus. The essence of due process is the opportunity to be heard. a respondent (such as Lumiqued) has the option of engaging the services of counsel or not. Lumiqued allegedly committed at least 93 counts of falsification by padding gasoline receipts. and the orders of Secretary Quisumbingit prays for the "payment of retirement benefits and other benefits accorded to deceased Arsenio Lumiqued by law. Any defect may be cured by the filing of motion of reconsideration.28 In an administrative proceeding such as the one that transpired below. 1994. 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. This instant petition for certiorari and mandamus praying for the reversal of the Report and Recommendation of the Investigating Committee. The investigating committee recommended Lumiqued's dismissal or removal from office. 1992. 52 issued by President Ramos. the October 22. 52 dated May 12. 77 | P a g e . he shall not be bound by such proceedings Lumiqued vs Exevea 282 SCRA 125 Facts: Arsenio P. A. From May to September 1989.1 charged Lumiqued with malversation through falsification of official documents. No. Following the conclusion of the hearings. What the law prohibits is not the absence of previous notice but the absolute absence and lack of opportunity to be heard. 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. This was even made more pronounced when. the fact remains that under existing laws. The dismissal was the aftermath of three complaints filed by DARCAR Regional Cashier and private respondent Jeannette ObarZamudio with the Board of Discipline of the DAR. 1992. the investigating committee rendered a report dated July 31. 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. Lumiqued was the Regional Director of the Department of Agrarian Reform . questioning such order.O. it hinted at the filing of a criminal case for malversation through falsification of public documents in its report and recommendation. 1994. 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. 1989. i. without prejudice to the filing of the appropriate criminal charges against him. Ramos dismissed him from that position pursuant to Administrative Order No.

26 Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. 13-6-2000 and its Memorandum dated October 6. and Pilipino Telephone Corporation filed against the National Telecommunications Commission. the Constitution vests the power of judicial review or the power to declare a law. Definition and objective Held: Petitions are granted. 151908 12 August 2003 Facts: Petitioners Isla Communications Co. PRIMARY JURISDICTION applies where a claim is originally cognizable in the courts. or regulation in the courts. Dacanay. 2000 was pursuant to its quasi-legislative or rulemaking power. As such. that the Billing Circular is oppressive. 25 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 of the political departments. 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. they prayed that the Billing Circular be declared null and void ab initio. presidential decree. 3. Inc. an action for declaration of nullity of NTC Memorandum Circular 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. 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. The court will not determine a controversy: 1. Commissioner Joseph A. No. judicial intervention is withheld until the administrative process has run its course. Where the question demands administrative determination requiring special knowledge. even though the matter is properly presented to the court. and comes into play whenever enforcement of claim requires the resolution of issues which. instruction. 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. petitioners were justified in invoking the judicial power of the Regional Trial Court to assail the constitutionality and validity of the said issuances. which is within its jurisdiction. Umali and Deputy Commissioner Nestor C. 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. Indeed. experience. 2. including the regional trial courts. the regular courts have jurisdiction to pass upon the same. 184 SCRA 426 Smart Communications vs NTC G. 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. under a regulatory scheme.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer IV.R. Santiago. treaty. Issue :WON the RTC has jurisdiction of the case 78 | P a g e . Doctrine of Primary Jurisdiction A. Industrial Enterprises vs CA. Deputy Commissioner Aurelio M. 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 The doctrine of primary jurisdiction requires that a plaintiff should first seek relief in an administrative proceeding before he seeks a remedy in court. international or executive agreement. 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. ordinance. 13-6-2000 (the Billing Circular). B. The issuance by the NTC of Memorandum Circular No. Hence. have been placed within the special competence of an administrative body. and that the requirements of identification of prepaid card buyers and call balance announcement are unreasonable.

Inc. Machete et al. Villaflor filed with the Bureau of Lands.. They contended that the case arose out of or was connected with agrarian relations. to determine technical and intricate 79 | P a g e . especially where the question demands the exercise of sound administrative discretion requiring the special knowledge. Inc. moved to dismiss the complaint on the ground of lack of jurisdiction of the trial court over the subject matter. 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. 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. The laws administrative tribunal matters of fact. However. experience and services of the The rationale underlying the doctrine of primary jurisdiction finds application in this case. Villaflor in a Lease Agreement leased to Nasipit Lumber Co.00 in the Deed xxx and the consideration in the Agreement to Sell were duly proven. and ordered the dismissal of Villaflor's protest and gave due course to the Sales Application of Nasipit Lumber. Machete et al. affirming the dismissal by the trial court of Petitioner Vicente Villaflor complaint against Private Respondent Nasipit Lumber Co. failed to pay their respective rentals. he protested the Sales Application of Nasipit Lumber. in recognition of the primary Jurisdiction of the administrative agency. 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). Bohol. Carmen. despite repeated demands and with no valid reason. denominated as a 'Deed of Relinquishment of Rights.000. The Director of Lands issued an 'Order of Award in favor of Nasipit Lumber Company. Private respondent thus prayed that petitioners be ordered to pay him back rentals and damages. The complaint alleged that the parties entered into a leasehold agreement with respect to Villanon’s landholdings at Poblacion Norte. it behooves the courts to stand aside even when they apparently have statutory power to proceed. Inc. 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.000. the dispute is agrarian in nature. that Nasipit Lumber 'in bad faith surreptitiously grabbed and occupied a big portion of plaintiff's property. Villaflor claimed having discovered that after the execution of the lease agreement. 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. a parcel of land. On appeal. courts cannot and will not resolve a controversy involving a question which is within the Jurisdiction of an administrative tribunal. hence. were to pay private respondent a certain amount or percentage of their harvests. and later denied the motion for reconsideration. claiming that the company has not paid him P5. The trial court granted the motion to dismiss. hence. under which Machete et al. 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.00 as provided in the Deed of Relinquishment of Rights. Because these issues preclude prior judicial determination.. in favor of Nasipit Lumber. Villaflor executed a document. The Director of Lands found that the payment of the amount of P5.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer C.

this case is outside the jurisdiction of the trial court. 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. enforcement or interpretation of said laws are matters which have been vested in the DAR. International Corporation (AJIC) imported four (4) containers of matches from Indonesia. 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. 36. hence. Jr. expeditious and inexpensive proceeding. Secretary Fulgencio S. implementation. (1). par. Ruling: There exists an agrarian dispute in the case at bench which is exclusively cognizable by the DARAB. Considering that the application. R. Director of Lands vs CA 194 SCRA 224 Provident Tree Farms vs Batario 231 SCRA 463 Facts : PETITIONER PROVIDENT TREE FARMS. J. respondent appellate court erred in directing the trial court to assume jurisdiction over this case. Private respondent A. 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. . par. Further. Thus. The decision of respondent Court of Appeals as well as its resolution denying reconsideration is REVERSED and SET ASIDE.O." 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. is a Philippine corporation engaged in industrial tree planting. The orders of the Regional Trial Court of Tagbilaran City dated 22 August and 28 September 1989 are REINSTATED.the resolution by the DAR is to the best advantage of the parties since it is in a better position to resolve agrarian disputes. of the Revised Forestry Code is within the exclusive realm of the Bureau of Customs. to the end that agrarian reform disputes and other issues will be adjudicated in a just. Issue : WON the RTC has jurisdiction over the case. Upon request of PTFI. It grows gubas trees in its plantations in Agusan and Mindoro which it supplies to a local match manufacturer solely for production of matches. In consonance with the state policy to encourage qualified persons to engage in industrial tree plantation. . this case..A. Factoran. and the Collector of Customs from allowing and releasing the importations. being the administrative agency presumably possessing the necessary expertise on the matter. Court o Appeals. the present legal battle is "not altogether lost" on the part of private respondent because as this Court was quite emphatic in Quismundo v. 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. which the Bureau of Customs. 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. Under the sense-making and expeditious doctrine of primary jurisdiction . E. the courts cannot or will not determine a controversy involving a question which is within the jurisdiction of an administrative tribunal. 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. At any rate. (1). the proceedings therein are summary in nature and the department is not bound by the technical rules of procedure and evidence. Issue: WON the CA’s decision is correct. AJIC moved to dismiss the case asseverating that the enforcement of the import ban under Sec. 36. and two (2) more containers of matches from Singapore. INC. 66577 and other pertinent agrarian laws. where the question demands the exercise of sound administrative discretion requiring the special 80 | P a g e . (PTFI). The CA found the petition to be impressed with merit. 3844.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer governing its execution and the rights and obligations of the parries thereto are necessarily R. 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.A.

we have no occassion to rule on the issue of grave abuse of discretion as excess of jurisdiction as it is not before us. and services of the administrative tribunal to determine technical and intricate matters of fact. Otherwise stated. No. 94 Phil. therefore. When doctrine does not apply 81 | P a g e .. already lapsed. 932. Inc. Issue: Which contention is meritorious? Ruling: Petitioner's contention has no merit. On appeal to the Court of Appeals. . The petition was filed with the Regional Trial Court. but its motion was likewise denied. 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. In this era of clogged court dockets. Tagum.). as is plainly provided under Rule II of the DARAB Revised Rules of Procedure. except when in the excrcise of its authority it claerly abuses or exceeds its jurisdiction. experience. unless modified by this Act. It was held that: Jurisdiction over land valuation cases is lodged in the Department of Agrarian Reform Adjudication Board. and the prosecution of all criminal offenses under this Act. 6657. Dissatisfied with the valuation of the land made by respondents Land Bank of the Philippines and the Department of Agrarian Reform Adjudication Board (DARAB). a petition for the fixing of just compensation can be filed beyond the 15-day period of appeal provided from the decision of the DAR adjudicator. Moreover. . . the need for specialized administrative boards or commissions with the special knowledge. the fifteen-day period provided for under Section 51 of Republic Act 6657 which is the Comprehensive Agrarian Reform Law within which to appeal. the decision was affirmed. pursuant to §51 of R. 1994. because such jurisdiction is vested in Regional Trial Courts designated as Special Agrarian Courts and. Davao. 941 [1954].. Petitioner filed a motion for reconsideration.The Special Agrarian Courts shall have original and exclusive jurisdiction over all petitions for the determination of just compensation to landowners. however cleverly the complaint may be worded.A. . Petitioner argues that DAR adjudicators have no jurisdiction to determine the just compensation for the taking of lands under the Comprehensive Agrarian Reform Program. subject to judicial review in case of grave abuse of discretion. Davao. the ultimate relief sought by PTFI is to compel the Bureau of Customs to seize and forfeit the match importations of AJIC. 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. this petition for review. except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR) . The lands were taken by the Department of Agrarian Reform for distribution to landless farmers pursuant to the Comprehensive Agrarian Reform Law (R. Hence. The Rules of Court shall apply to all proceedings before the Special Agrarian Courts. the same cannot be subject of mandamus. In the case at bench.A. 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. otherwise such decision becomes final and executory. the court cannot compel an agency to do a particular act or to enjoin such act which is with its prerogative. Since the determination to seize or not to seize is discretionary upon the Bureau of Customs. Since this case was filed only on January 26. which are covered by Transfer Certificates. and a uniformity of ruling is essential to comply with the purposes of the regulatory statute administered (Pambujan Sur United Mine Workers v.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer knowledge. D. Samar Mining Co. No. The Special Agrarian Courts shall decide all appropriate cases under their special jurisdiction within thirty (30) days from submission of the case for decision.A. 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. Philippine Veterans Bank vs CA 322 SCRA 139 Facts: Philippine Veterans Bank owned four parcels of land in Tagum. has become well nigh indispensable . No. R. Branch 2. 6657). petitioner filed a petition for a determination of the just compensation for its property.On the other hand. experience and capability to hear and determine promptly disputes on technical matters or essentially factual matters. .

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." Petitioners however. It is beyond the power and authority of the Bureau of Forest Development to determine the unlawful closure of a passage way. Rosales vs CA 165 SCRA 344 Ruling : Under the doctrine of exhaustion of administrative remedies. If a remedy is available within the administrative machinery. recourse through court action. Gonzales vs Secretary of Education 5 SCRA 657 Doctrine of exhaustion of administrative remedies Where the administrative agency has no jurisdiction. the complaint instituted by the petitioners is clearly for damages based on the alleged illegal closure of the logging road. the regular courts have jurisdiction over the same. the opportunity or right to oppose. the doctrine does not apply. through their security force. Not every activity inside a forest area is subject to the jurisdiction of the Bureau of Forest Development. claim that they were denied due process. Issue : WON the jurisdiction of the Bureau of Forestry applies. Such contention is however untenable. 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. they appealed to the Secretary of Education and Culture. Private respondent EastCoast ordered the closure of the road. they were made to avail in the same administrative agency. petitioners were hauling logs to be loaded on a vessel.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer based on such closure. a motion for reconsideration or appeal is curative in character on the issue of alleged denial of due process. Petitioners filed a case before the trial court. 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. Private respondent claim that they were the only authorized timber licensee to use the road. much less award or deny the payment of damages Definition and purpose As a general rule. cannot prosper until all the remedies have been exhausted at the administrative level. 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 pre-requisite before an action for damages may be maintained. 82 | P a g e . the judiciary shall decline to interfere. It does not apply in any of the exceptions to the doctrine of exhaustion of administrative remedies. recourse through court action cannot prosper until all the remedies have been exhausted at the administrative level. this should be resorted to before resort can be made to (the) court.D. Moreover. No. According to them. From the facts. when they filed a motion for reconsideration and later when the motion was denied. but nevertheless. Lagua vs Cusi 160 SCRA 260 A. convenience of the party litigants and respect for a co-equal office in the government. This traditional attitude of the courts is based not only on convenience but likewise on respect. obviously to show that their case falls within one of the exceptions to the doctrine of exhaustion of administrative remedies. V. P. 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. a Litigant fails or refuses to avail himself of the same. which was dismissed on lack of jurisdiction. because in the first place. to prevent passage of the trucks hauling the logs for the Japanese vessel. This should appropriately be threshed out in a judicial proceeding. a national highway. When an adequate remedy may be had within the Executive Department of the government. which in fact they did. Held : The petitioners maintain that since their action is for damages. as a general rule. Precisely.

but even before this date appellee instituted the present action. pursuant to his exercise of admin. according to the record. The decision appealed from is reserved. Lambunao High School was later converted into a Regional Vocational High School under the name of Iloilo Vocational High School. the lower court rendered the appealed judgment. In this regard. Issue: WON the appellee initiated the appropriate administrative proceeding. Therefore the instant case is premature and that respondent should exhaust all the available remedies to his grievances before resorting to courts. appellant Pineda and the 83 | P a g e . at the time Principal of the Samar Trade School. with the result that the present action is dismissed. Issue: WON private respondent failed to exhaust administrative remedies available to him? Ruling: Private respondent did not exhaust the administrative remedies available to him. 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.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 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. After due trial. 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. Respondent’s grievances must be first raised before the Civil Service Commission before resorting to judicial intervention. who forwarded it without undue delay to the Director of Public Schools by a second indorsement. clear that he did not give his superior officers any opportunity to reconsider the questioned orders before seeking judicial intervention. This protest was forwarded by the latter to the Director of Public Schools. It is. 1) where the question is purely legal. issued an admin. Petitioner questioned the court’s jurisdiction to try the case without first resorting to exhaustion of administrative remedy to the Civil Service Commission. therefore. a senior teacher civil service eligible. Appellants claimed that the lower court erred in not holding that the present action was instituted prematurely. Gonzales. Petitioner moved for a motion to dismiss the case but RTC denied the petitioner. Carale. appointing him as Principal of the Iloilo Vocational School. and to recover damages. Gonzales refused to yield the same to him. 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. 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. Facts: Jose L. 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. addressed to the Superintendent of the Iloilo School of Arts and Trades. was appointed Principal of the Lambunao High School established in the municipality of Lambunao. The petition was granted and that respondent court {RTC} was ordered to dismiss the case filed by Pontejos. The exceptions under the “Doctrine of Exahaustion of Administrative Remedies” mentioned in this case are the following. and sent a written protest against Pineda's appointment as well as against his own appointment as Head of the Related Subjects Department. He also received a copy of a letter of the Director of Public Schools addressed to respondent Alfredo Pineda. 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. Iloilo. addressed to the Superintendent of the Iloilo School of Arts and Trades. 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. Order detailing and re-assigning private respondent to NLRC 4th division in Cebu. When Pineda came to assume the office of Principal of the latter school. Respondent Pontejos is subject to civil service laws and regulations pursuant to the Constitution as Labor Arbitration Associate. authority and supervision over all NLRC officials .

Petitioner should have first brought the matter to the Director of Public Works who. 84 | P a g e .. and (6) when the issue of non-exhaustion of administrative remedies has been rendered moot. under the law. and that in view of this refusal. 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. the city government approved the purchase of an additional area to enlarge the said site and that. Hence this case. Ang Tuan Kai vs Import Control Commission L-4427. which is ground for a motion to dismiss. (4) where the controverted acts violate due process. the respondent. the engineer of that city. (3) when its application may cause great and irreparable damage. Issue: WON the case will prosper and WON there is compliance with the DEAR. B. represented by the City Fiscal of Basilan. This principle rests on the presumption that the administrative agency if afforded a complete chance to pass upon the matter. (5) failure of a high government official from whom relief is sought to act on the matter. before coming to court. 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.000 with foreign suppliers which orders were accepted before July 31. hence. to authorize de los Santos to construct a residential house on the land described in the petition. (2) that in November 1950 it requested the respondent to allow importation of the textiles against its quota for 1949 pursuant to circular No. Republic vs Sandiganbayan 255 SCRA 438 Factora. be charged against the firm's 1951 quota and exchange allocations in pursuant to the order issued previously by the same board. apply for review of such decision by higher administrative authority. When applied It does not affect the jurisdiction of the court. petitioner suffered damages. It is alleged the respondent without any lawful cause refused to grant said permit. exercise supervision and control over city engineers of chartered cities (see Commonwealth Act No. 21 April 1952 Facts: The petitioner. as the record shows. Moreover. Jr. It does not apply in the exercise of its rule-making power or legislative power. vs CA 320 SCRA 530 C. 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. a duly registered partnership of Manila. that by virtue thereof. The principle is fundamental that a party aggrieved by a decision of an administrative official should. incidentally. herein petitioner has failed to exhaust the administrative remedies available to him. the lot claimed by the petitioner was included in the area.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer (2) where judicial intervention is urgent. In his answer. which proceeding is now pending in the Court of First Instance of Basilan. 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. The only effect of non-compliance with the rule is that it will deprive the complainant of a cause of action. The rule requiring exhaustion of administrative remedies applies only where the agency exercise judicial or quasi-judicial function. alleges in substance (1) that it had placed orders for textiles amounting to about P340. expropriation proceedings had been instituted thereon. 1949. 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. the denial of the permit applied for by petitioner. Effect of failure to exhaust remedies Ruling: Mandamus cannot prosper in this case for the simple reason that. Nonexhaustion of administrative remedies is a ground for motion to dismiss or is a defense which may be raised in the answer. and if he was not satisfied with the Director's decision he should have appealed to the Secretary of Public Works and Communications. 424).

500 hectares of forest land in Zamboanga del Sur. 1992. 1987. Thus. before the courts may step in to exercise Issue: WON the petitioner has cause of action in the herein case before the court. The same charges were subsequently made. in a complaint for injunction with damages against the petitioner. One of the reasons for the doctrine of exhaustion is the separation of powers. and 3) the injunction sought was expressly prohibited by Section I of PD 605.1988. Judge Alfonso G. 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. Ruling: The lower court erred in misapplying the doctrine. also by the herein private respondents.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer On July 31. which sustained the trial court in a decision dated July 4. remove and utilize timber within the concession area covering 29. the petition is denied. 1988. on the ground of serious violations of its conditions and the provisions of forestry laws and regulations.1 and the motion for reconsideration on February 15. which was docketed as Civil Case No. for a period of ten years expiring on September 31. authorizing it to cut. The private respondents have charged.2 The petitioner then elevated the matter to the respondent Court of Appeals. 2) the plaintiffs had not yet exhausted administrative remedies. 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. CA) Sunville Timber Products vs Abad 206 SCRA 482 Facts: The petitioner was granted a Timber License Agreement (TLA). that the petitioner has violated the terms and conditions of the TLA and the provisions of forestry laws and regulations. Issue: Whether or not the lower court correctly applied the doctrine of exhaustion of administrative remedies. to wit: 1) the court had no jurisdiction over the complaint. the herein private respondents filed a petition with the Department of Environment and Natural Resources for the cancellation of the TLA. Such evidence is best evaluated first by the administrative authorities. The argument that the questions raised in the petition are purely legal is also not acceptable. D. Certiorari or mandamus against administrative officers should not be entertained if superior administrative officers can grant relief. denying the motion for reconsideration.21 The charge involves factual issues calling for the presentation of supporting evidence.3 and in its resolution of September 27. 2732 in the Regional Trial Court of Pagadian City. 85 | P a g e . 1987. • • • • • • • • • • • 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. 1988. which enjoins upon the Judiciary a becoming policy of noninterference with matters coming primarily (albeit not exclusively) within the competence of the other departments. The petitioner moved to dismiss this case on three grounds. both in the administrative case before the DENR and in the civil case before the Regional Trial Court of Pagethan City. Abad denied the motion to dismiss on December 11. employing their specialized knowledge of the agreement and the rules allegedly violated.

Issue : WON the doctrine of exhaustion of administrative remedies is applicable in this case. unless actually disapproved by him. if still necessary. 1989. here is no question that Civil Case No. explicitly prohibits the importation of rice and corn by "the Rice and Corn Administration or any other government agency. and created a rice procurement committee composed of the other respondents herein for the implementation of said proposed importation. 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. acting without jurisdiction or in excess of jurisdiction". or where there are circumstances indicating the urgency of judicial intervention. Private respondents. 86 | P a g e . Paat vs CA 266 SCRA 167 Facts: The controversy on hand had its incipiency on May 19. untenable. countered that the petitioner did not exhaust all administrative remedies available to him before coming to court. in making or attempting to make said importation of foreign rice. because Republic Act No. 2732 comes within the jurisdiction of the respondent court. was seized by the Department of Environment and Natural Resources (DENR. Baggao. The case at bar falls under each one of the foregoing exceptions to the general rule. that petitioner has no other plain. issued on May 23. The application of the expertise of the administrative agency in the resolution of the issue raised is a condition precedent for the eventual examination. 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. To repeat for emphasis. Cagayan. as the wrong alleged in the complaint was supposedly committed as a result of the unlawful logging activities of the petitioner. Petitioner Jovito Layugan. or where the controverted act is "patently illegal" or was performed without jurisdiction or in excess of jurisdiction. Private respondents.D. Invoking the doctrine of exhaustion of administrative remedies. Petitioner is the president of the Iloilo Palay and Corn Planters Association engaged in the production of rice and corn. speedy and adequate remedy in the ordinary course of law.of temporary restraining order of petitioners was granted by this court. 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. however. among others. 3452 which allegedly repeals or amends Republic Act No. Nueva Vizcaya because the driver could not produce the required documents for the forest products found concealed in the truck. the Community Environment and Natural Resources Officer (CENRO) in Aritao. of the same question by a court of justice. as amended by E. 705. 1989 when the truck of private respondent Victoria de Guzman while on its way to Bulacan from San Jose. on the other hand. averring that. therefore.O. it will be necessary first to determine whether or not the TLA and the forestry laws and regulations had indeed been violated. determination of this question is the primary responsibility of the Forest Management Bureau of the DENR. the aforementioned respondents "are. Respondent. whose acts as an alter-ego of the President bear the implied or assumed approval of the latter. failed to submit the required explanation. 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. On June 22. Gonzales vs Hechanova. filed the petition herein.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 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. 1989 an order of confiscation of the truck and gave the owner thereof fifteen. and (b) that the truck as admitted by petitioners was not used in the commission of the crime. 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. Cagayan. 277. Respondents' contention is. Ruling : The principle requiring the previous exhaustion of administrative remedies is not applicable "where the question in dispute is purely a legal one”. Nevertheless. or where the respondent is a department secretary. (15) days within which to submit an explanation why the truck should not be forfeited. 2207. for brevity) personnel in Aritao.

such as an appeal to the Commissioner of Civil Service. he was charged in an administrative case. Marino Corpus. 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 87 | P a g e . Bureau of Civil Service and the Office of the City Fiscal of Manila. 995. 1527 dated August 30. Accordingly. therefore. further. 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. in conjunction with the entire records of the case and representations of both complainants and respondent.. it is a pre-condition that he should have availed of all the means of administrative processes afforded him. preferred against him by employees of the Bank. discipline." Unable to agree with the committee report. while the administration grapples with the complex and multifarious problems caused by unbriddled exploitation of these resources. availment of administrative remedy entails lesser expenses and provides for a speedier disposition of controversies. Mr. and. dated July 23. The premature invocation of court's intervention is fatal to one's cause of action.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 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. the Monetary Board adopted Resolution No. approving the appointment of herein respondent Mario Marcos to the position involved in place of petitioner R. incompetence. for one thing." Three days after. oppression." The pertinent portion of the resolution reads thus: "After an exhaustive and mature deliberation of the report of the aforesaid fact finding committee. 1955. the committee heard the case. The committee was composed of representatives of the Bank. After receiving the answer of the respondent therein. 957 on July 20. On May 5. receiving testimonies of witnesses on both sides. Marino Corpus. particularly the various cases presented against him. R. Hence. and. considers the respondent. upon formal statement of the Governor that he has lost confidence in the respondent as Special Assistant to the Governor and InCharge of the Export Department (such position being primarily confidential and highly technical in nature). 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. neglect of duty and/or abuse of authority. resulting in his suspension by the Monetary Board of the Bank and the creation of a 3-man committee to investigate him. the pertinent conclusion and recommendation therein reading as follows: "(1) In view of the foregoing. misconduct.date of his suspension. etc. of respondent. resigned as of the date of his suspension. the Monetary Board adopted Resolution No. 1959. and moreover. 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. 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. the committee submitted its Final Report." 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. resigned as of the . etc. under Republic Act 2260. 1959. Thus. However. which all involves fitness. after a thorough review of the service record of the respondent. absent any finding of waiver or estoppel the case is susceptible of dismissal for lack of cause of action. 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. the judiciary will stand clear. This doctrine of exhaustion of administrative remedies was not without its practical and legal reasons. through their respective counsel. 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. in accordance with the provisions of Section 14 of the Bank Charter. The lower court was of the opinion that petitionerappellant should have exhausted all administrative remedies available to him. Marino Corpus. 1959 which considered "the respondent. 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. for alleged dishonesty. R. 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. object of Monetary Board Resolution No.

Jose Rizal Memorial State University – College of Law
Administrative Law Reviewer
agencies and instrumentalities. This is the main issue disputed in this appeal. Ruling: True, the appellant did not elevate his case for review either by the President or the Civil Service Commission. However, it is our opinion that a resort to these administrative appeals is voluntary or permissive, taking into account the facts obtaining in this case. (1) There is no law requiring an appeal to the President in a case like the one at bar. The fact that the President had, in two instances cited in the orders appealed from, acted on appeals from decisions of the Monetary Board of the Central Bank, should not be regarded as precedents, but at most may be viewed as acts of condescension on the part of the Chief Executive. (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, We believe the petitioner is not bound to observe them, considering his status and the Charter of the Central Bank. In Castillo vs,. Bayona, et al., 106 Phil., 1121, We said that Section 14, Republic Act 265, creating the Central Bank of the Philippines, particularly paragraph (c) thereof, "is sufficiently broad to vest the Monetary Board with the power of investigation and removal of its officials, except the Governor thereof. In other words, the Civil Service Law is the general legal provision for the investigation, suspension or removal of civil service employees, whereas Section 14 is a special provision of law which must govern the investigation, suspension or removal of employees of the Central Bank-, though they may be subject to the Civil Service Law and Regulations in other respects." In this case, the respondent Monetary Board considered petitioner resigned from the office to which he has been legally appointed as of the date of his suspension, after he has been duly indicted and tried before a committee created by the Board for the purpose. An appeal to the Civil Service Commission would thereby be an act of supererogation, requiring the presentation of practically the same witnesses and documents produced in the investigation conducted at the instance of the Monetary Board. Moreover, Section 16(i) of the Civil Service Law provides that "except as otherwise provided by law," the Commissioner of Civil Service shall have "final authority to pass upon the removal, separation and suspension of all permanent officials and employees in the competetive or classified service and upon all matters relating to the conduct, discipline, and efficiency of such officials and employees; * * *." Considering again the fact that the Charter of the Central Bank provides for its own power, through the Monetary Board, relative to the investigation, suspension or removal of its own employees except the Governor, coupled with the fact that Petitioner has admitted that he belongs to the non-competetive or unclassified service, 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 reason is obvious. While it may be desirable that administrative remedies be first resorted to, no one is compelled or bound to do so; 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, should file the proper judicial action within the reglementary period. As emphasized in Bautista vs. Fajardo, 38 Phil. 621, and Tumulak vs. Egay, 82 Phil., 828; 46 Off. Gaz., 3683, public interest requires that the right to a public office should be determined as speedily as practicable."

Smart Communications vs NTC G.R. No. 151908 12 August 2003 Facts: petitioners Isla Communications Co., Inc. and Pilipino Telephone Corporation filed against the National Telecommunications Commission, Commissioner Joseph A. Santiago, Deputy Commissioner Aurelio M. Umali and Deputy Commissioner Nestor C. Dacanay, an action for declaration of nullity of NTC Memorandum Circular No. 13-6-2000 (the Billing Circular). 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; that the Billing Circular is oppressive, confiscatory and violative of the constitutional prohibition against deprivation of property without due process of law; 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; and that the requirements of identification of prepaid card buyers and call balance announcement are unreasonable. Hence, they prayed that the Billing Circular be declared null and void ab initio. Issue :WON the RTC has jurisdiction of the case

88 | P a g e

Jose Rizal Memorial State University – College of Law
Administrative Law Reviewer
otherwise, the removal shall be effected by the government at the expense of herein petitioner. Without appealing the decision of the respondent Secretary to the President, herein petitioner has filed with this Court the present petition for certiorari seeking that the decision of respondent be annulled." Ruling: Nowhere in the foregoing provisions, or in any other part of Republic Act No. 2056, is it required that appeal to the President should precede recourse to the courts. The silence of the statute, to be sure, does not mean that the President may not review the action of the Secretary. His power to do so is implicit in his constitutional power of control of all the executive departments (Section 10, Works and Communications par. 1, Art. VII of the Constitution). This, however, does not resolve the issue, which is not whether petitioner could have appealed to the President but whether he should have done so before seeking judicial relief. The answer depends, in turn, upon whether an appeal to the President would have been sufficiently effective, adequate and expeditious, a negative finding in this respect being the basis on which the extraordinary writ of certiorari, as prayed for by petitioner, may be issued. The absence of an express provision in Republic Act No. 2056 for an appeal to the President from the decision of the Secretary, considered together with the peremptory character of the periods therein prescribed, shows that such an appealassuming 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, 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, for Instance, an injunction issued by a court. 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. In any event, we believe the facts of this case place it within the rule enunciated in Dimaisip vs. Court of Appeals, 106 Phil., 237, 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 assumption is that the action of the Secretary bears the implied sanction of the President, unless the same is disapproved by the latter."

Held: Petitions are granted. The issuance by the NTC of Memorandum Circular No. 13-6-2000 and its Memorandum dated October 6, 2000 was pursuant to its quasi-legislative or rulemaking power. As such, petitioners were justified in invoking the judicial power of the Regional Trial Court to assail the constitutionality and validity of the said issuances. 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, the regular courts have jurisdiction to pass upon the same. 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. Indeed, the Constitution vests the power of judicial review or the power to declare a law, treaty, international or executive agreement, presidential decree, order, instruction, ordinance, or regulation in the courts, including the regional trial courts. 25 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 of the political departments. 26 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.

Marinduque Iron Mines v. Sec. 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, Manila for making certain constructions near the mouth of Calat-an Creek in Sipalay, Negros Occidental; that on September 11, 1958, 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; that on the basis of this investigation, respondent Secretary rendered a decision dated January 16, 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,

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Jose Rizal Memorial State University – College of Law
Administrative Law Reviewer
record as Annex A-Opposition. 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. Its renewal depends upon the consideration of the Director of Forestry. The granting of timber licenses, their renewal or cancellation, and the determination of conflicting claims or boundary lines involving forest zones, such as those presently occupied by the parties hereto, are all vested by law primarily upon the Director of Forestry and ultimately upon his Department head. Continental Marble Corp. vs NLRC 161 SCRA 151 Facts: In his complaint before the NLRC, herein private respondent Rodito Nasayao claimed that sometime in May 1974, he was appointed plant manager of the petitioner corporation, with an alleged compensation of P3,000.00, a month, or 25% of the monthly net income of the company, whichever is greater, and when the company failed to pay his salary for the months of May, June, and July 1974, Rodito Nasayao filed a complaint with the National Labor Relations Commission, Branch IV, for the recovery of said unpaid salaries. The case was docketed therein as NLRC Case No. LR6151. Answering, the herein petitioners denied that Rodito Nasayao was employed in the company as plant manager with a fixed monthly salary of P3,000.00. They claimed that the undertaking agreed upon by the parties was a joint venture, a sort of partnership, wherein Rodito Nasayao was to keep the machinery in good working condition and, in return, he would get the contracts from end-users for the installation of marble products, in which the company would not interfere. In addition, private respondent Nasayao was to receive an amount equivalent to 25% of the net profits that the petitioner corporation would realize, should there be any. Petitioners alleged that since there had been no profits during said period, private respondent was not entitled to any amount. The case was submitted for voluntary arbitration and the parties selected the herein respondent Jose T. Collado as voluntary arbitrator. In the course of the proceedings, however, 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. But, the respondent arbitrator refused. In due time, or on 29 December 1975, he rendered judgment in favor of the complainant, ordering the herein petitioners to pay Rodito Nasayao the amount of P9,000.00, within 10 days from notice.

Bueno vs Patanao 9 SCRA 794 Facts: On April 29, 1958, Pedro B. Patanao commenced Special Civil Case No. 48 with the Court of First Instance of Agusan, against Valeriano, C. Bueno and one Juanito Merin, for injunction and damages. In his amended petition, Patanao alleged that on March 10, 1958 the respondents therein disturbed him in his, possession of his timber concession by illegally entering the same and cutting and hauling logs therein; that when he went to the area to stop said respondents and their laborers, truckers and loggers from cutting and hauling logs "he was met with riot guns, pistols and other firearms"; and that defendants were able to cut no less than one million board feet of exportable logs worth not less than $64,000.00 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. Patanao thus urged the court below to issue a writ of preliminary injunction so as to enjoin the respondents, their agents, laborers and lawyers, from entering the area and cutting and hauling logs therein pending trial and, after trial, to make the injunction final and permanent, and to condemn said respondents liable in an amount of not less than P175,000. 00 as actual and moral damages, attorney's fees and costs. Ruling: At first glance, petitioner's argument appears to be tenable. True, the common boundary of the parties was verified by the Bureau of Forestry way back in March 1955. It seems, however, that while petitioner Bueno had endeavored to respect the verification report, respondent Patanao had refused to conform thereto, so much so that the conflict was brought anew to the attention of the Director of Forestry who has formally taken a hand therein. On or about April 8, 1958, before Patanao instituted Civil Case No. 48 with the respondent court, 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, letter addressed to Patanao by Anastacio G. Sison, officer-incharge, Esperanza Forest Station, Agusan, p. 5; Opposition to Urgent Motion to Dissolve Writ of Preliminary Injunction, dated, July 23, 1958.) 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, now in the

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the Court issued a temporary restraining order. he filed a motion for the issuance of a writ of execution." and the "patently inequitable rental. renewable for a like period. thru its then Mayor Santiago Carlos. entered into a contract with the KILUSANG BAYAN SA PAGLILINGKOD NG MCA MAGTITINDA SA BAGONG PAMILIHANG BAYAN NG MUNTINLLUPA. and immediately executory. in a resolution dated 7 May 1976. As prayed for. the Court said: "As is well known. and ordered the herein petitioners to comply with the decision of the voluntary arbitrator within 10 days from receipt of the resolution. petitioner Ignacio Bunye. the party thereby adversely affected may obtain a review and nullification of that decision by this Court through the extraordinary writ of certiorari." Kilusang Bayan vs Dominguez 205 SCRA 92 Facts: On 2 September 1985. hence.000) to be paid by the KBMBPM within the first five (5) days of each month which shall.. Municipality). In separate letters. 45 abrogating the contract. versus National Labor Relations Commission. paragraph 3 of Batas Pambansa Blg.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Upon receipt of the decision. or with grave abuse of discretion. on 23 March 1976. as contended. Since.3 He sought opinions from both the Commission on Audit and the Metro Manila Commission (MMC) on the validity of the in strument. the writ of certiorari will issue to undo those acts. dismissed the appeal on the ground that the decision appealed from is final." directed a review of the aforesaid contract. be increased by ten percent (10%) each year during the first five (5) years only. restraining herein respondents from enforcing and/or carrying out the questioned decision and resolution. 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. The doctrine of exhaustion of administrative remedies cannot be invoked in this case. and do justice to the aggrieved party. Elfren Cruz of the MMC even granted the Municipality authority "to take the necessary legal steps for the cancellation. proceeded. claiming to be particularly scandalized by the "virtual 50-year term of the agreement. for the latter's management and operation of the new Muntinlupa public market. management and operation of the New Muntinlupa Market to the Municipal Government of Muntinlupa. and no longer to the KBMBPM. To implement this resolution. unappealable and immediately executory. Jr. 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. Metro Manila. upon representations made by Bunye with the Municipal Council. at a monthly consideration of Thirty-Five Thousand Pesos (P35. the Municipal Government of Muntinlupa (hereinafter. Amado Perez. the respondent Commission. however. unless sooner terminated and/or rescinded by mutual agreement of the parties. Ruling: The contention is without merit. on 19 August 1986. On 18 March 1976. INC. there can be no review and reversal on appeal by higher authority of its factual or legal conclusions. (KBMBPM) represented by its General Manager. Bunye. no law provides for an appeal from decisions of the National Labor Relations Commission. When. 337." Consequently.. The contract provides for a twenty-five (25) year term commencing on 2 September 1985. 91 | P a g e . Jr. together with his co-petitioners and elements of the Capital Command of the Philippine Constabulary. to the public market and announced to the general public and the stallholders thereat that the Municipality was taking over the management and operation of the facility. Following his assumption into office as the new mayor succeeding Santiago Carlos.3 and. Acting on the motions. however. thru the Market Commission. it decides a case without or in excess of its jurisdiction.5 The petitioners are before the Court in the present recourse. the latter approved on 1 August 1988 Resolution No. appealable. 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. rescission of the above cited contract and make representations with KBMBPM for the immediate transfer/takeover of the possession. Inc. The letter of Hon. these agencies urged that appropriate legal steps be taken towards its rescission. and that the stallholders should thenceforth pay their market fees to the Municipality. Rodito Nasayao filed a motion to dismiss the appeal on the ground that the decision of the voluntary arbitrator is final. Issue: Whether or not the petitioners in the first case failed to follow the doctrine of exhaustion of admin remedies. In the recent case of John Clement Consultants. in this case. contrary to the provision of Section 143.

now the Regional Trial Courts. in the order dated February 13. it was denied in an order dated May 28. the Court of Appeals rendered a decision dated June 29. Said report was elevated to the MAR. 1986. the Officer-in-Charge of MAR likewise concurred therewith. MAR and docketed as AC-G. However. 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). arbitrary or oppressive. otherwise known as the Judiciary Reorganization Act of 1980.3589 hectares as evidenced by Transfer Certificates of Title Nos. Issue: Whether or not the contention of the CA is tenable. Almine vs CA 177 SCRA 796 92 | P a g e .69 This doctrine of qualified political agency ensures speedy access to the courts when most needed. However. Regional Office in Tobaco. There was no need then to appeal the decision to the office of the President. Lorena. SP No. Facts: On December 25. Juanito L. 1985 filed his report recommending the cancellation of private respondent's CLT. Upon failure of the Ministry to take the necessary action. 129. petitioner appealed to the then Intermediate Appellate Court (IAC). if administratively decided by the Minister of Agrarian Reform. The Court of Appeals has concurrent jurisdiction with this Court and the Regional Trial Court over petitions seeking the extraordinary remedy of certiorari. After due hearing. 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. is correct. 1986. Seth Evasco who on October 31. These cases are thus excluded from those cognizable by the then CAR.R. 1987.2 Petitioner filed a motion for reconsideration but the same was denied in a resolution dated October 22. then Minister Conrado Estrella denied petitioner's application for retention. On April 17. bear the implied approval of the latter. Ruling: As to failure to exhaust administrative remedies. recourse to the courts could be had immediately. the doctrine of exhaustion of administrative remedies also yields to other exceptions. 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. Evasco holding that the properties of the petitioner consist of 4. A reinvestigation was conducted this time by Atty. In an endorsement dated November 25. unless actually disapproved by him. prohibition or mandamus. Such is the claim of petitioners which. as an alter ego of the President. After the parties filed their respective pleadings. 27167. 1980 for the cancellation of the Certificate of Land Transfer (CLT) of private respondent who appears to be petitioner's tenant over her riceland. such as when the question involved is purely legal.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer was entitled Hilda Ralla Almine vs. 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. 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. Regional Director Salvador Pejo manifested his concurrence with the report of Atty. the rule is well-settled that this requirement does not apply where the respondent is a department secretary whose acts. that the latter had distributed his landholding to his children. as the case may be under Rule 65 of the Rules of Court. 27168 and 27344 and hence not covered by the Operation Land Transfer Program. Thus. 1975. Private respondent filed a motion to dismiss the appeal. However. 08550. as hereinafter shown. Moreover. or where the questioned act is patently illegal. A motion for reconsideration thereof was likewise denied. Atty. There is no appeal from a decision of the President. the said decision may be reviewed by the courts through a special civil action for certiorari. as in the instant case. 1985. prohibition or mandamus. 1986. The case 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. Albay. Cidarminda Arresgado of the said office filed an investigation report dated June 26. 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.

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. Quintos prematurely instituted a suit for damages. 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. and nothing of an administrative nature is to be or can be done (73 C. thereby entitling it to participate in horse races and sweepstakes draws in legally authorized racing clubs or tracks. In line with the SOP and usual racing practices for horse owners. 13 that his horse was being excluded from taking part in race no.S. 1959. and appellee's objection thereto is a purely legal one. 15. 93 | P a g e . whom the petitioner wants to be described in the certificate of title as married to her rather than as a widower. 4569 CAUAYAN CAD. 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. Quintos v. or where the question in dispute is purely a legal one. Consequently. Indeed. Ruling: It is contended in this connection. 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. their assumption to their respective office is deemed terminated. 354). P-672 COVERING LOT NO.J. The reason for this short-circuiting of administrative processes is not explained by Quintos.S. The judicial forum sought by Quintos was in effect an unwarranted disregard of the concept of primary jurisdiction. to wit: WON the trial court correctly dismissed the complaint for failure to exhaust administrative remedies. It was then alleged that the cancellation of the certificate of registration of his horse was arbitrary and oppressive. Issue: Does Quintos have a valid cause for complaint? Ruling: None. Specifically. Jareno 144 SCRA 116 Facts: This is MOTION TO CORRECT ORIGINAL CERTIFICATE OF TITLE NO. Soto v. 15. 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. due process being denied him in the absence of a formal investigation or inquiry prior thereto. certainly cannot be considered as being in derogation of the due process guarantee. appellee impugned the constitutionality and validity of the Resolution of October 2. All that had been said so far would seem to indicate that under such a test. the stage of ripeness for judicial review had not been reached.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer 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 compliance of the required qualifications under the Charter of the same.J. the change sought is in the civil status of the registered owner. FRANCISCA SOTO. 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. therefore. In the traditional language of administrative law. 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. His gives no reason for his failure to exhaust administrative remedies. 357). The order of dismissal. Thereafter. there is none. 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. Quintos ignored factors not predetermined by formula but by seasoned balancing for and against the assumption of jurisdiction. The respondent on the other hand alleged that the petitioner failed to exhaust the required administrative remedies available. Inc. the PRC announced thru the PA system before the start of race no. the lower court’s insistence of the fundamental requirement of exhausting administrative remedies is more than justified. Issue: Whether or not the petitioner failed to observe the doctrine of exhaustion of administrative remedies. On the very day when Quintos’ race-horse was scheduled to participate in race no. The CA certified the case to the SC since it found that a purely legal question was involved. and in case of denial of appeal to the Games and Amusement Board or to the Office of the President. Here.

The NLRC then issued the questioned resolutions incidental to Injunction Case. upon motion of the petitioners. 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. This petition seeks to annul the three NLRC resolutions. et al. The doctrine of exhaustion of administrative 94 | P a g e . she had adulterous relations with still a second man by whom she begot eleven children. issued a writ of execution to enforce said decision." but in 1953. when the original certificate over the homestead was issued.031. Moreover.85 was garnished. The Solicitor General recommends that the petition be dismissed for being premature. But notwithstanding the above principles. The petitioners filed before 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. This third-party claim was denied. A levy on execution was made upon the properties found in the respondents' office premises. The labor arbiter. The only effect of non-compliance with this rule is that it will deprive the complainant of a cause of action. as also settled in a number of decisions rendered by this Court. Once registered.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer The said registered owner was Sergio Serfino." Serfino died in 1965. 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. as interpreted by this Court. this ground is deemed waived and the court can then take cognizance of the case and try it. Its reason was that there was no observance of the doctrine of exhaustion of administrative remedies. 6-2423-86 with prayer for the issuance of writ of preliminary injunction and/or restraining order. who was married in January 1933 to the petitioner. among others. According to these oppositors. was to prevent the land from being considered conjugal and therefore equally owned by the spouses. but later it reconsidered its decision and held itself without jurisdiction to act on the matter. ACD Computer Services and Cabel filed before the NLRC a petition for relief from judgment in NLRC-NCR Case No.S. he filed an application for a homestead patent. 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. We have repeatedly stressed this in a long line of decisions. The labor arbiter rendered a decision sustaining the petitioners' position. an American firm based in California. ACD Group Inc. filed before the NLRC a complaint against ACD Computer Services and Cabel for illegal dismissal and non-payment of certain benefits. The following day. the petitioners filed the present petition. In 1939. the doctrine of exhaustion of administrative remedies is not applicable to private lands. U. While conceding that their parents were married in 1933. describing himself as "married to Francisca Soto. Without waiting for the NLRC's resolution on their motion to dismiss. Later. Ruling: The Court gave due course to this petition on a finding. the sheriff served a notice of garnishment to the Commercial Bank of Manila after which the total amount of P15. the oppositors nonetheless pointed out that their mother had abandoned them in 1942 to live with another man. obviously." Two daughters of the couple opposed the motion. Sunga v. NLRC 173 SCRA 338 Facts: Sunga. it was in favor of "Sergio Serfino. He further stressed the jurisdiction of the NLRC and its exercise of sound discretion. Their purpose.. Issue: WON the Soc Gen’s position is tenable. through its Chairman. that the instant case falls under the exceptions to the general rule. 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. This amount has already been turned over to the petitioners. they said. 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 trial court originally granted the motion and ordered the change prayed for. widower. applying the doctrine of exhaustion of administrative remedies.A. it was their father himself who had described himself as a widower in 1953 because he had not heard from the petitioner since 1942.. which is a ground for a motion to dismiss. If not invoked at the proper time. the petition will still have to be dismissed because the change sought is not authorized under Section 112 of Act 496. then.

where the challenged administrative act is patently illegal. the President of the Philippines who was earnestly campaigning was giving aid in the amount of P2. Sabello was granted an ABSOLUTE PARDON by the President of the Republic of the Philippines. Culture and Sports cannot be sued. The petition is GRANTED in that the Secretary of the Department of Education. 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. Since at that time also. who claims that poverty denies him the services of a lawyer. The herein petitioner appealed his case to the Court of Appeals. 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. it yields to many accepted exceptions.00 for each barrio. The main case had been filed as early as June 20. 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. amounting to lack of jurisdiction. 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. The herein petitioner. Moreover. the herein petitioner. DECS 100 SCRA 623 Facts: Petitioner Sabello. were charged of the violation of Republic Act 3019.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer remedies is not an inflexible rule. could no longer hire a lawyer to proceed to the highest court of the land. but under the circumstances of this case. Thus. together with the barrio captain. exhaustion is not necessary where inter alia there is estoppel on the part of the party invoking the doctrine. 95 | P a g e . At least two of these exceptions are present in the instant case on exhaustion of administrative remedies. where the question involved is purely legal and will ultimately have to be decided anyway by the courts of justice. This is considerably long considering that the labor arbiter's decision had already become final and in fact has been partially executed. the only answer is that its officials can be sued for alleged grave errors in their official acts. was entitled to its share of the RICD fund in question. We ignore technicality by considering this a suit against the officials of this government agency. with the honest thought in mind that the barrio high school was a barrio project and as such therefore. only to have any decision raised again before this Court. the herein petitioner applied for reinstatement to the government service. Ruling: The question of whether or not petitioner should be reappointed to his former position is a matter of discretion of the appointing authority. With this instrument on hand. the discretion is qualified by the requirements of giving justice to the petitioner. There had been no action on the challenge to the petition for relief from judgment for almost a year. 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. In fact. only to be reinstated to the wrong position of a mere classroom teacher and not to his former position as Elementary School Principal I. Again. Taking into consideration that this petition is filed by a nonlawyer. As to the argument that the Department of Education. It is no longer a matter of discretion on the part of the appointing power. Issue: WON petitioner Sabello should be reappointed to his position. being financially battered. was the Elementary School Principal of Talisay and also the Assistant Principal of the Talisay Barangay High School of the Division of Gingoog City. 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. but discretion tempered with fairness and justice. if the petitioner had been unfairly deprived of what is rightfully his. the barrio council through proper resolutions alloted the amount of P840. 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. and both were convicted to suffer a sentence of one year and disqualification to hold public office.000. As we have noted in a number of cases. Finally. Manila. 1986. Civil Service Board of Appeals 101 Phil 490 Sabello v.00 to cover up for the salaries of the high school teachers. the Court set aside the requirement of exhaustion of administrative remedies and resolved to go direct to the merits of the petition. restoring him to full civil and political rights.

without prejudice to reinstatement at the discretion of the appointing officer. 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. but the said court dismissed the action on a motion to dismiss. and ordered that he be considered resigned effective his last day of duty with pay. 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. Sec 2 of 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. 96 | P a g e . finding petitioner guilty of contributory negligence in not pumping. unless revised or modified by the President of the Philippines. 598 in the instant case. and its decisions in such cases shall be final. Issue: WON the lower court erred in applying Commonwealth Act No. on the basis of findings made by a committee.Jose Rizal Memorial State University – College of Law Administrative Law Reviewer Facts: Montes was charged with negligence in the performance of duty (Dredge No. It is further argued that if decisions of the Auditor General may be appealed to the courts. The law which was applied by the lower court is Section 2 of Commonwealth Act No. those of the Civil Service Board of Appeals need not be acted upon by the President also. the water from the bilge. It is also argued that if a case is appealed to the President. Montes then filed an action in the Court of First Instance of Manila to review the decision. 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. 6 under him bad sunk because of water in the bilge. on the ground that petitioner had not exhausted all his administrative remedies before he instituted the action. 598. the Commissioner of Civil Service exonerated him. before recourse may be had to the courts. But the Civil Service Board of Appeals modified the decision. The judgment appealed from is thus affirmed.

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