Professional Documents
Culture Documents
Admin Reviewer
Admin Reviewer
Bautista
Issue WON The committee on the rating of students for honor exercised judicial or quasijudicial functions in the performance of its assigned task. WON NHA has the authority to perform quasi-judicial functions WON petitioner failed to exhaust administrative remedies. Whether the BEU has the authority to order petitioner to vacate the premises.
Held No. There is no mention that when teachers do sit down as a committee and adjudge the awarding of honors to their students, their acts a such relate with the determination of what the law is. YES. A statute may vest exclusive original jurisdiction in an administrative agency over certain disputes and controversies falling within the agency's special expertise. (PD 957) No. Issue is only on the rule-making power. Exhaustion of Administrative remedies is only applicable to questions on adjudicatory power. No. The power of an admin. Agency has only such powers as are expressly granted (PD 1206) by law and those which are necessary in the exercise thereof. (Failed to comply with requirement of notice and hearing. ) No. A quasi-judicial body has been defined as "an organ of government other than a court and other than a legislature, which affects the rights of private parties through either adjudication or rule making. It is the basic function of these bodies to adjudicate claims and/or to determine rights, and unless its decision are seasonably appealed to the proper reviewing authorities, the same attain finality and become executory. (Only tasked to handle prosecution activities). No. Ombudsman, who as an independent constitutional officer has primary jurisdiction over cases of this nature, to conduct such preliminary investigation and take appropriate action. No. Substantial compliance is enough. Position papers and affidavits are adequate evidences in admin. Proceedings.
Contract to sell (delay in construction of amenities) MC No. 13-6-2000 rules on the billing of telecommunications services SHELL (Service Station Lease and Dealers Sale)
Guerzon vs. CA
Presidential Anti-Salting Task Force assigned by the President to investigate and prosecute dollar-salting activities.
WON PADS is a quasi-judicial body authorized to issue search warrants under 1973 constitution.
President Corazon C. Aquino directed the Solicitor General to prosecute all persons involved in the misuse of coconut levy funds. Dismissal of employees. Failure to attend the mandatory conference and to submit their respective affidavits. Cross examination. BOI granted petitioner to change its certificate of registration.
WON Rules of Court should be strictly applied in giving evidentiary value to the affidavit. WON the CA has appellate jurisdiction in decisions of Board of Investments
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.
Building permit for a funeral parlor Bourghetti car and Mercedes Benz Government assessment clerk. Tax Declarations Immediate interconnection of services with SMART. NTCs imposition of Administrative penalty. Gas consumption reimbursement Sheriffs sale on a parcel of land
Whether Anita Villa was denied of due process WON posting on the bulletin board constitutes compliance with proper service of notice WON Casimiro was afforded with procedural and substantive due process WON NTC acted with due process
Yes. Prior notice and hearing, essential elements of procedural due process No. The petitioner is known. Posting is allowed if defendant cannot be known. Yes. She was given the opportunity to answer the charges.
NO
WON due process in admin. Proceeding encompasses the right to a legal counsel WON petitioner is entitled to know the factual or legal
NO, such is not indispensable in administrative due process. Opportunity to explain ones side will suffice. Yes. It is a requirement of due process that the parties to a litigation be informed of how it was
basis for the justification of RTCs decision Villaflor vs. CA Deed of Absolute sale of agricultural land WON CA erred in adopting the factual findings of the Bureau of Lands WON the CA erred in denying its notion for extension and undismissing the case.
Underpayment of wages
decided, with an explanation of the factual and legal reasons that led to the conclusions of the court. No. Under the doctrine of primary jurisdiction, courts cannot and will not resolve a controversy involving a question which is within the jurisdiction of an admin. Tribunal. No. Under the doctrine of exhaustion of administrative remedies, with a remedy given within the admin. Machinery can still be resorted to by giving the admin. Officer every opportunity to decide on a matter that comes within his jurisdiction