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Admin Law Reviewer
Admin Law Reviewer
Object and Scope of Administrative Law regulation of private right for public welfare Origin and Development 1. Origin: legislation; Rationale: expediency 2. Doctrine of separation of powers: All rules and conduct are supposed to be laid down by the legislature, subject to the direct enforcement of the executive department, and the application or interpretation by the judiciary; Remedy: delegation of powers Sources 1. Constitutional or statutory enactments creating administrative bodies a. Article IX, Constitution b. Social Security Act- established the Social Security Commission c. Administrative Code of 1987 2. Decisions of courts interpreting the characters of administrative bodies and defining their powers, rights, inhibitions, among others, and the effects of their determinations and regulations a. Artuc v. Commission on Elections b. Maceda v. ERB 3. Rules and regulations issued by the administrative bodies in pursuance of the purposes for which they were created a. Omnibus Rules Implementing the Labor Code b. Circulars of the Central Monetary Authority on interest rates c. Regulations of the Commission on Immigration and Deportation d. Rules promulgated by the SEC; Bureau of Patents, Trademarks and Technology Transfer 4. Determinations and orders of the administrative bodies in the settlement of controversies arising in their respective fields a. Refers to the adjudications of administrative agencies in the exercise of their quasi-judicial power Page | 1
Administration Two Senses 1. Institution- U.S v. Dorr: it refers to the aggregate of individuals in whose hands the reins of government are for the time being; it refers to the persons who actually run the government during their prescribed terms of office Government Administration - agency or instrumentality through which the will of the - transitional in nature; it is a more or less permanent State is formulated expressed and realized fixture in every State 2. Function- it means the actual running of the government by the executive authorities through the enforcement of laws and the implementation of policies As an Activity 1. Internala. covers those rules defining the relations of public functionaries inter se b. embraces the whole range of the law of public officers c. consists rules laid down in particular agency or office 2. Externala. defines the relations of the public office with the public in general b. promulgated for observance by those who have dealings or transactions with said office c. promulgated by the administrative agency in the exercise of its quasi-legislative authority for the regulation of specific matters placed under its jurisdiction Law Administration 1) impersonal command provided with sanctions to be preventive rather than punitive and is accepted to be more applied in case of violation personal than law 2) impersonal; it is concerned only with obedience to its has a more sympathetic regard for the individual and seeks established mandate or directive to spare him from punishments of the law by persuading him to observe its commands may clarify certain ambiguous provisions in statutes through the issuance of interpretative regulations meant to make it easier for the people to understand and so obey the law Chapter II ADMINISTRATIVE AGENCIES Definition Administrative Agency- a body endowed with quasi-legislative and quasi-judicial powers for the purpose of enabling it to carry out laws entrusted to it for enforcement or execution. o Humphrey v. US: appointed by law and informed by experience - they will persist so long as the general public continues to rely on the services they offer and are satisfied with their performance of their primordial task Agency- any 1) department, 2) bureau, 3) office, 4) commission, 5) authority or officer of the National Government (d-b-ca) authorized by law or executive order to 1) make rules, 2) issue licenses, 3) grant rights or privileges and 4) adjust cases (miga); research institutions with respect to licensing functions; government corporations with respect Page | 2
Nature y Administrative bodies endowed with quasi-judicial prerogatives are essentially executive agencies. y Court of Tax Appeals- special court exercising particular expertise on the subject of tax o Yamane v. BA Lepanto Condominium Corporation: RA 9282, Sec. 7(a)(3)- the Court of Tax Appeals exercises exclusive appellate jurisdiction to review on appeal decisions, orders or resolutions if the RTC in local tax cases originally dissolved by them in the exercise of their appellate jurisdiction. Creation and Abolition - may be created by the Constitution or by statute Civil Service Commission, Commission on Elections and Commission on Audit- independent constitutional bodies established under Article 9 Metropolitan Manila Authority- administrative body created by law pursuant to Section 11, Article 10, in relation to Sec. 8 of the Transitory Provisions Classification of Administrative Bodies 1. those set up to offer some gratuity, grant or special privileges eg. Philippine Veterans Administration 2. to carry on certain business of government eg. Bureau of Customs 3. to perform some business service for public eg. Bureau of Posts 4. to regulate business affected with public interest eg. LTFRB 5. to regulate private business and individuals under the police power eg. SEC 6. to adjust individual controversies because of some strong social policy involved eg. NLRC 7. to make the government a private party eg. GSIS - can be altered or abolished only by constitutional amendment. - if created by law, it may be reorganized pursuant to said law providing for its establishment or another law authorizing said reorganization- if it does not involve abolition or transfer of offices and is carried out in good faith by the person, usually the President, authorized to effect the same, the validity of the same would have to be upheld (Bagaoisan v. National Tobacco Administration) Exercise of powers: 1. discretionary Note: the findings of the body are generally deferred by the other departments EXCEPT where they arrived at with such obvious arbitrariness as to constitute a violation of due process 2. ministerial- no judgment or discretion is required or is allowed in their exercise eg. a) duty of the RD to annotate a lie on a Torrens certificate Page | 4
Chapter III POWERS OF ADMINISTRATIVE AGENCIES I. quasi-legislative authority or rule-making power - the power of subordinate legislation and permits the body to promulgate rules intended to carry out of the provisions of particular law - jurisdiction of the administrative body in applying for the future - public Page | 5
Eastern Telecommunications Phils., Inc. v. International Comm. Corp.: quasi-legislative power- issuance of provisional permits or authority on the basis of its determination on the applicant s compliance with the requirements it has promulgated; quasi-judicial power- if an issue arises from said determination, a resolution of said contest would partake such nature Sta. Rosa Realty Dev t Corp. v. Amante: TWO-FOLD JURISDICTION OF DAR- 1) executive- pertains to the enforcement and administration of the laws, carrying them into practical operation and enforcing their due observance, 2) judicial- involves the determination of rights and obligations of the parties Laguna Lake Dev t Authority v. CA: the legislature cannot by its mere declaration make a private business or something a public utility which is not in fact as such Page | 6
Legislative Power Quasi-legislative Power 1. the discretion to determine what the law shall be the discretion to determine how the law shall be enforced 2. it cannot be delegated no valid objection can be made as to delegation 3. government by legislation Government by bureaucracy o Tio v. VRB: delegation can be made if it is merely a conferment of authority or discretion as to its execution, enforcement and implementation o PAL Inc., v. Civil Aeronautics Board: a franchise may be derived indirectly from the State through a duly designated agency even to agencies other than those legislative nature Note: the privileges conferred by grant of local authorities as agents for the State constitute as much as legislative franchise as though the grant had been made by an act of the Legislature Associated Comm., & Wireless Services-United Broadcasting Networks v. NTC: Certificate of Public Convenience Franchise form of regulation through the administrative agencies grant of privilege from the sovereign power o Source: legislature Notes: 1) the delegation should be canalized within the banks that keep it from overflowing (Schecter Poultry v. US) 2) a surrender of a legislative power to the delegate is prevented 3) the legislature is not req d to provide a detailed standards for administrative action - Tests of Delegation 1. completeness test The law must: a. be complete in all its terms and conditions U.S v. Ang Tang Ho: the law does not specifically define what such temporary and emergency measures shall remain in force and effect, or when they shall take effect. b. offer a sufficient standard to 1) specify the limits of the delegate s authority, 2) announce the legislative policy, and 3) specify the conditions under which it is to be implemented Calalang v. Williams: Accepted sufficient standards- 1) public interest, 2) simplicity, 3) economy and efficiency and 4) public welfare Ynot v. IAC: may see fit - consists of a roving commission, thus invalid delegation of legislative power -
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2. sufficient standard test- standard must be fixed, the limits of which are sufficiently determinate or determinable---to which the delegate must conform in the performance of his functions Sufficient standarda. one which defines legislative policy; b. mark its limits c. maps out its boundaries d. specifies the public agency to apply it e. indicates the circumstances under which the legislative command is to be effected Page | 7
Commission on Elections v. Espanol: the Commission has the authority to grant immunity from suit to those who have committed election offenses but volunteered to give information and testify to any violation of election laws. (2) summary- those involving the use by administrative authorities of force upon persons or things without the necessity of previous judicial warrant eg. a) padlocking by the mayor s office of filthy restaurants or movie houses exhibiting obscene movies b) shooting down a mad dog on the loose c) taking over by the BSP of mismanaged banks d) confiscation by the customs authorities of articles which are prohibited per se (3) examining- enables administrative body to inspect the records and premises, and investigate the activities, of persons or entities coming under its jurisdiction (ISIC-BIW-PFP) i. issuance of subpoenas ii. swearing in of witnesses iii. interrogation of witnesses iv. calling for production of books, papers and records v. requiring that books, papers and records be made available for inspection vi. inspection of premises vii. requiring written answers to questionnaires viii. requiring periodic or special reports ix. requiring the filing of statements x. requiring physical and medical examinations in certain cases - allows many administrative agencies to actually 1) conduct hearings, 2) issue writs of preliminary injunction and 3) punish for contempt
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issued by the administrative body as an incident of its power to enforce the law and is intended merely to clarify its provisions for proper observance by the people merely persuasive and is received by the courts with much respect but finality
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(2) It must be within the scope of the authority given by the legislature. Boie-Takeda Chemicals, Inc. v. dela Serna: the regulation promulgated must not be ultra vires or beyond the limits of the authority conferred; an administrative agency cannot amend an act of Congress o CIR v. Vda. de Prieto: a regulation that operates to create a rule out of harmony with the statute is a mere nullity. o Pilipinas Kao, Inc. v. CA: no engraftment of additional requirements not contemplated by the legislature In case of conflict, the law MUST prevail. o Republic v. CA: a statute is superior to an administrative directive and the statute cannot be repealed nor amended by the latter. o P v. Maceren: nowhere in the law was electro-fishing was prohibited; hence, the Sec. of Agriculture and the Commissioner of Fisheries were powerless to penalize it. All that is required is that the regulation should be germane to the objects and purposes of the law and that it should conform to the standards that the law prescribes. Rules that subvert the statute cannot be sanctioned. o Metropolitan Traffic Command West Traffic District v. Gonong LOI 43 PD 1605 1) deals with the motor vehicles that have stalled on a deals with the motor vehicles that have been deliberately public road parked in a no-parking area 2) accidental intentional 3) purpose- to discourage the use of public streets by to penalize the driver for his defiance of the traffic laws motor vehicles that are likely to break down Note: it does not include the removal of license plates, or even the confiscation of the license of the offending driver as a penalty for illegal parking o Luzon Polymers Corp. v. Clave: an administrative agency cannot amend the law it seeks to implement o Phil. Bank of Comm., v. CIR: the non-retroactivity of rulings by the CIR is N/A where the nullity of a Revenue Memorandum Circular was declared b the busy courts and not by the CIR. o Phil. Assoc. of Service Exporters, Inc. v. Torres: DOLE circulars for taking over of the business of deploying domestic helpers to HK is valid. o CIR v. CA: administrative issuances must not override but must remain consistent and in harmony with the law they seek to apply and implement. Department zeal may not be permitted to outrun the authority conferred by the statute. o Page | 11
(3) It must be promulgated in accordance with the prescribed procedure. GENERAL RULE: The promulgation of administrative regulations of general application does not require previous notice and hearing; eg, those promulgated to govern future conduct (Abella, Jr. v. CSC) EXCEPTIONS: i. where the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an appropriate investigation; ii. administrative adjudication- where the regulation is in effect a settlement of a controversy bet. specific parties iii. regulations fixing rates or toll charges; Except- provisional rates (Republic v. Medina) Maceda v. ERB: while under EO No. 172, a hearing is indispensable, it does not preclude the Board from ordering, ex parte, a provisional increase o Freedom from Debt Coalition v. ERC: ERC s power to fix prices and make rates must be conferred by the statutory or constitutional language that is free from doubt, and admits of no reasonable construction. o RCPI v. NTC: courts do not interfere with administrative action prior to its completion or finality. o Phil. Consumers Foundation, Inc. v. Sec. of Education Culture and Sports: Power granted to the education department to regulate the educational system of the country includes the power to prescribe school fees legislative function- the grant of prior notice and hearing to the affected parties is not a requirement of due process; quasi-judicial function- prior notice and hearing are essential to the validity of such rates, eg. where the rules and rates imposed apply exclusively to a particular party o Tanada v.Tuvera: Publication must be in full or it is no publication at all; Rationale- its purpose is to inform the public of the contents of the law. i. those general in application; and ii. penal in nature EXCEPTION: Interpretative regulations and those merely internal in nature, that is regulating only the personnel of the administrative agency and not the public, need not be published. o Page | 12
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Penal Regulations y Gen. Rule: violation of administrative regulations cannot give rise to criminal prosecution; Exception: if the legislature makes such violation punishable and imposes the corresponding sanctions 1) P v. Santos: Act No. 4003 does not contain prohibition punishing fishing w/in 3km from the shoreline w/o written permission from the Sec. of Agriculture; hence it cannot be incorporated with the promulgated rules and regulations.
Special Requisites of a Valid Administrative Regulation with a Penal Sanction (MIP): (1) The law itself must make violation of the administrative regulation punishable. (2) The law itself must impose and specify the penalty for the violation of regulation. (3) The regulation must be published. o BPI Leasing Corp. v. CA: Gen. Rule- statutes, including administrative rules and regulations, operate prospective only; Exception- if the legislative intent to the contrary is manifest by express terms or by necessary implication o Phil. Global Comm., Inc. v. Relova: opinions of the Sec. of Justice are material in the construction of statutes of the same matter. o Hidalgo v. CIR: an administrative officer may revoke, repeal or abrogate the acts or previous rulings of his predecessor in office. Enforcement y The power to promulgate administrative regulations: 1) carries it with it the implied power to enforce them; or 2) includes the power to issue opinions and rulings to enable the administrative agency to properly execute said regulations (Peralta v. CA) How? 1) via judicial action, 2) via sanctions It is the statute creating the administrative body that will provide for the means by which the administrative regulations will be enforced.
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Amendment or Repel The administrative regulation made thereunder is subject to amendment or repeal by the authorites that promulgated them in the first place. Page | 14
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Requisites of quasi-judicial power: 1. Jurisdiction must be properly acquired by the administrative body. JURISDICTION- competence of an office or body to act on a given matter or to decide a certain question legislaturehas the power to confer jurisdiction upon the administrative body and so limit or expand its authority o PCGG v. Pena: in the exercise of quasi-judicial functions, the Commission is a coequal body with the RTC and co-equal bodies have no power to control the other o Carino v. CHR: CHR- have no jurisdiction in adjudicatory powers over certain specific type of cases like alleged human rights violations involving civil or political rights The most that may be conceded by to the CHR in the way of adjudicative power is that it may investigate; fact finding- not adjudication The Constitution clearly and categorically grants to the Commission the power to investigate all forms of human rights violations invoking civil and political rights. CHR cannot try and decide cases as courts of justice or even quasi-judicial bodies do. The Commission should not try to resolve on the merits involve in Striking Teachers HRC Cases- within the original jurisdiction of the Secretary of Education and also within the appellate jurisdiction of CSC. o Ilocos Sur Electric Cooperative, Inc. v. NLRC: National Electrification Administration- has no power to hear and decide termination cases of employees in electric cooperatives. o ERB v. CA: National Power Corporation- not the proper authority to hear and decide cases involving direct power connection; Department of Energy- has jurisdiction over the regulation of the marketing and distribution of energy resources. o Int l Broadcasting Corp. v. Jalandoon: SEC- had jurisdiction over any intracorporate controversy which may have arisen from said ownership. Page | 15
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o ELEMENTS OF DUE PROCESS: (1) there must be a court or tribunal clothed with judicial power to hear and determine the matter before it; (2) jurisdiction must be lawfully acquired over the person of the defendant or property which is the subject of the proceedings; (3) the defendant must be given an opportunity to be heard; and (4) judgment must be rendered upon lawful hearing. o Javier v. COMELEC: the judge must not only be impartial but must also appear to be impartial as an added assurance to the parties that his decision will be just. o ERB v. CA: complainants have the burden of proving by substantial evidence the allegations in their complaints. Administrative Appeals and Review y Gen. Rule: administrative decision cannot be enforced; Exception: unless otherwise provided by law or executive order
Enforcement of Decision y how?- appeal to the force of public opinion o CAB v. PAL: it is an administrative penalty which administrative officers are empowered to impose without criminal prosecutions. o San Luis v. CA: writ of mandamus- lies to enforce a ministerial duty or the performance of an act which the law specifically enjoins as a duty resulting from office, trust or station. Res Judicata o Brillantes v. Catro: the decisions and orders of administrative agencies rendered pursuant to their quasi-judicial authority, have, upon their finality, the force and binding effect of a final judgment within the purview of the doctrine res judicata; Exceptions- 1) Republic v. CA: when it is repugnant to law, morals, good customs, public order or public policy, 2) Nasipit Lumber Company, Inc. v. NLRC: labor relations proceedings, 3) exercise of administrative powers, 4) judgments based on prohibited or null and void contracts. y An administrative officer may revoke, repeal or abrogate the acts or previous rulings of his predecessor in office if he becomes satisfied that a different construction should be given. Page | 19
Methods of Review y An appeal from an agency decision shall be perfected by filing with the agency within 15 days from receipt of a copy thereof a notice of appeal, and with the reviewing courts. y If the motion is denied, the movant shall perfect his appeal during the remaining period for appeal reckoned from receipt of the resolution of denial. y The findings of fact of the agency when supported by substantial evidence shall be final except when specifically provided otherwise by law. y The SC may review the decisions of the Office of the President on questions of law and jurisdiction when properly raised. o Industrial Power Sales, Inc. v. Sinsuat: Requisites of Judicial Review- 1) it must be shown that all the administrative remedies prescribed by law or ordinance have been exhausted, 2) administrative decision may be properly be annulled or set aside only upon a clear showing that the administrative official or tribunal has acted without or in excess of jurisdiction, or with grave abuse of discretion. Doctrines of Judicial Review (1) Doctrine of Primary Jurisdiction- does not warrant a court to arrogate unto itself authority to resolve a controversy the jurisdiction over which is initially lodged with an administrative body of special competence; simply calls for the determination of administrative questions o Sherwill Dev t Corp. v. Sitio Sto. Nino Residents Assoc., Inc.: it applies where a claim is originally cognizable in the courts, and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body. y The judicial process is suspended pending referral of such issues to the administrative body for its view. o Rubio Jr. v. Paras: the body or agency that first takes cognizance of the complaint shall exercise jurisdiction to the exclusion of others. o UHC v. Dayrit: a statute may vest exclusive original jurisdiction in an administrative agency over certain disputes and controversies falling within the agency s special expertise. o Smart Comm., Inc v. NTC: objective- to guide a court in determining whether it should refrain from exercising its jurisdiction until after an administrative agency has determined some questions or some aspect of some quest on arising in the proceeding before the court. y The administrative process must continue up to the highest level before resort to judicial tribunals may be sought. Page | 20
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Land Car, Inc. v. Bachelor Express, Inc: the doctrine of administrative remedies empowers the Office of the President to review any determination or disposition of a department head. Carpio v. The Executive Secretary: doctrine of qualified political agency- as the President cannot be expected to exercise his control powers all at the same time and in person, he will have to delegate some of them to his Cabinet members.
Effects of Noncompliance: 1) does not affect the jurisdiction of the court; 2) merely results in the lack of a cause of action Remedy- motion to dismiss o Calub v. CA: exhaustion must be raised at the earliest possible time, even before filing the answer to the complaint or pleading asserting a claim, by a motion to dismiss; otherwise, such a ground for dismissal would be deemed waived. y A failure to exhaust administrative remedies may also constitute forum shopping- exists when both actions involve the same transactions, same essential facts and circumstances and raise identical causes of action, subject matter and issues. o Sunshine Transportation, Inc. v. NLRC: a motion for reconsideration must be filed before the special civil action for certiorari may be availed of. Questions Reviewable Question of Fact Question of Law 1) review of administrative decision lies in the discretion of may be appealed to the courts of justice independently of the legislature, which may or may not permit it as it sees legislative permission or even against legislative fit prohibition Rationale- judiciary has an inherent power to review all decisions 2) the right to appeal is generally not deemed embraced in the right to a hearing 3) pertains to the truth or the falsehood of the alleged arises as to what the law is on a certain state of facts facts 4) must be respected provided they are supported by it is in the exercise of their quasi-judicial function; incident substantial evidence even if such evidence might not be of their primary power of regulation overwhelming or even preponderant Note: the interpretation of an agency of its own rules should be given more weight than the interpretation by the agency of the law it is merely tasked to administer (Bagatsing v. Committee on Privatization)
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