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