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Notes in Administrative Law

Emmanuel Gumiran Caddali
Chapter I
Administrative Law- 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 purposes of promoting the well-being of the community, as under laws
regulating the following:
public interest
laws for the protection of
public health and safety
trades and callings
rates and prices
convenience (Pound)


part of public law which:
fixes the organization of the government;
determines the competence of the authorities; and
indicates the individual remedies for violation of rights
branch of the law which deals with the field of legal control exercised by
aw-administering agencies other than courts, and the field of control
exercised by courts over such agencies (Franfurter)

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
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
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
4. Determinations and orders of the administrative bodies in the settlement of controversies
arising in their respective fields

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Notes in Administrative Law
Emmanuel Gumiran Caddali
a. Refers to the adjudications of administrative agencies in the exercise of their quasijudicial power
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
- agency or instrumentality through which the - transitional in nature; it is a more or less
will of the State is formulated expressed and permanent 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 quasilegislative authority for the regulation of specific matters placed under its
1) impersonal command provided with sanctions preventive rather than punitive and is accepted
to be applied in case of violation
to be more personal than law
2) impersonal; it is concerned only with has a more sympathetic regard for the individual
obedience to its established mandate or and seeks 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 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

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having the attached corporation or agency comply with a system of periodic reporting. research institutions with respect to licensing functions. occupation or business.refers. 3) office. Instrumentality.refers to an executive department created by law.shall serve as the framework for the internal policies of the attached corporation or agency Authority. government corporations with respect to functions regulating private right. supervision 2. policy 2. administering special funds. Jr.designates both incorporated and non-incorporated agencies and instrumentalities of the government.: a government instrumentality refers to any agency of the National Government not integrated within the department framework. attachment of an agency to a department . .shall reflect the progress of programs and projects 3. control 3. Chartered institutions and governmentowned or controlled corporations o Beja.refers to any position held or occupied by individual persons. and officials in the exercise of disciplinary power as provided by law.refers to any principal subdivision of any department. having the department or its equivalent provide general policies through its representative in the board.includes regulatory agencies.Malaga v. to any major functional unit of a department or bureau. 5) authority or officer of the National Government (d-b-ca) authorized by law or executive order to 1) make rules. if this is permitted by the charter 2. 2) bureau. Chartered institution. privilege. 4) commission. and enjoying operational autonomy. usually through a charter. and vested by law with functions relating to specific constitutional policies or objectives. whose functions are defined by law or regulation. Chapter 7 of the Administrative Code) 1. vested with special functions or jurisdiction by law. . within the framework of government organization. 2) issue licenses. with or without voting rights. endowed with some if not all corporate powers. CA: 3 administrative relationships (Book IV. Aquinas University College of Law Page 3 . Department.. Sr. Purpose: 1.may be accomplished by the following: 1. 3) grant rights or privileges and 4) adjust cases (miga).refers to the lateral relationship between the department or its equivalent and attached agency or corporation for purposes of policy and program coordination.any 1) department. v. Bureau. having the department represented in the governing board of the attached agency or corporation how? Either as chairman or as a member.refers to any agency organized or operating under a special charter. program coordination coordination. including regional offices. Office. Penachos.Notes in Administrative Law Emmanuel Gumiran Caddali Agency.

can be altered or abolished only by constitutional amendment. Bureau of Customs 3.  Court of Tax Appeals. BA Lepanto Condominium Corporation: RA 9282. as in the case of stock of corporations. Sec. the validity of the same would have to be upheld (Bagaoisan v. authorized to effect the same. LTFRB 5.if created by law. National Tobacco Administration) Aquinas University College of Law Page 4 . to carry on certain business of government eg. to adjust individual controversies because of some strong social policy involved eg.the Court of Tax Appeals exercises exclusive appellate jurisdiction to review on appeal decisions. either wholly or applicable. Commission on Elections and Commission on Audit. and owned by the government directly or indirectly or though its instrumentalities.Notes in Administrative Law Emmanuel Gumiran Caddali Government-owned or controlled corporation.may be further categorized by the 1) department of budget. Article 10. GSIS .if it does not involve abolition or transfer of offices and is carried out in good faith by the person. Bureau of Posts 4. functions and responsibilities with respect to such corporations. Office of the Ombudsman: refer to any agency organized as a stock or non-stock corporation vested with functions relating to public needs whether governmental or proprietary in nature. 2) the civil service commission and 3) the commission on audit for the purpose of the exercise and discharge of their respective powers. usually the President. Creation and Abolition . to perform some business service for public eg.independent constitutional bodies established under Article 9 Metropolitan Manila Authority.special court exercising particular expertise on the subject of tax o Yamane v. SEC 6.may be created by the Constitution or by statute Civil Service Commission. orders or resolutions if the RTC in local tax cases originally dissolved by them in the exercise of their appellate jurisdiction.Leyson v. 7(a)(3). 8 of the Transitory Provisions Classification of Administrative Bodies 1. in relation to Sec. those set up to offer some gratuity. NLRC 7. . it may be reorganized pursuant to said law providing for its establishment or another law authorizing said reorganization. Nature  Administrative bodies endowed with quasi-judicial prerogatives are essentially executive agencies. grant or special privileges eg. to regulate private business and individuals under the police power eg. to the extent of at least 51% of its capital stock .administrative body created by law pursuant to Section 11. to regulate business affected with public interest eg. Philippine Veterans Administration 2. to make the government a private party eg.

apply or implement it. -qualified political agency. and the courts seek only to interpret. they cannot be deprived of their inherent power to decide all questions of law. only when questions of law are involved Aquinas University College of Law Page 5 . Imperial) c) of the COA to allow claims for salaries under certain conditions (Riel v. Sayo) ii. ministerial. legislature i.the power of the President to reorganize the National Government may validly be delegated to his cabinet members exercising control over a particular executive department (DENR v. the President may issue his own orders to the administrative agency and review and.cannot be withdrawn or limited even by the legislature ii. particularly if they have been initially resolved by the administrative bodies only (Medalla v. or even reverse. acts as an agent of the law-making body and so is bound to obey and implement the legislative will ii. iii. if necessary reverse its decision 3. Civil Service Board of Appeals: the legality of the acts of the President is under the judicial review because the law is above the President himself. a) duty of the RD to annotate a lie on a Torrens certificate b) of the Commission on Elections to give due course to a certificate of candidacy duly accomplished and seasonably filed (Abcede v. can review. Wright) o RCPI judgment or discretion is required or is allowed in their exercise eg. usually. NTC: the jurisdiction and powers of administrative agencies are limited to those expressly granted or necessary implied from those granted in the legislation creating such bodies. judicial department/courts i. DENR Region 12 Employees) Advantages 1) expertise derived from specialized training and experience 2) adaptability to change and ease in reacting to a new and even emergency situations 3) more resilient 4) they can initiate action and not simply wait for their jurisdiction to be invoked 5) they may proceed to the solution of the problems confided to their attention with more expeditiousness 6) they are created by the legislature to address new social problems and vest in said agencies broad guidelines for the resolution of said problems Relation to Regular Departments 1. may be abolished and its incidents may be altered by the legislature 2.Notes in Administrative Law Emmanuel Gumiran Caddali Exercise of powers: 1. executive i. the administrative acts even the Chief of Executive o Montes v. may also review the factual findings of administrative offices by authority of law or under due process of clause if such determinations have been made arbitrarily Note: they may review administrative adjudications only as a last resort and. comes under the constitutional control of the President. 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.

any agency statement of general applicability that implements or interprets a law. or repeal of a rule  Administrative regulations. quasi-legislative authority or rule-making power . may be reviewed and nullified by the courts if such manner is incidental to or reasonably found to have been issued not in compliance necessary for the performance of the executive with the requisites for their validity or administrative duty entrusted to it Requisites: i..  Rule-making.intended only to implement the law and to carry out legislative policy o Smart Comm. or practice requirements of. where the power to act in c. NTC Quasi-Legislative or Rule.includes memoranda or statements concerning the internal administration or management of an agency not affecting the rights or procedure available to. amendment.authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out the provisions of a law and implement a legislative policy  Administrative Rule .jurisdiction of the administrative body in applying for the future . rules and regulationswhen it performs in a judicial manner an act a. including its regulations. the public. an agency. in conformity with the standards prescribed by law. Note: the details and manner of carrying statute out are oftentimes left to the administrative agency entrusted with their enforcement (Commissioner of Internal Revenue v. . “little laws” administrative nature. products of a delegated legislative power which is essentially of an executive or b. the power to make rules and regulations the power to hear and determine question of which results in delegated legislation that is fact to w/ch the legislative policy is to apply and within the confines of the granting statute and to decide in accordance with the standards laid the doctrine of non-delegability and separability down by the law itself in enforcing and of powers administering the same law 2.the power of subordinate legislation and permits the body to promulgate rules intended to carry out of the provisions of particular law . fixes and describes the procedures agency process for the formulation. v. Solidbank Corporation) 3. germane to the objects and purposes of the law ii.required to Aquinas University College of Law Page 6 . Inc.Notes in Administrative Law Emmanuel Gumiran Caddali Chapter III POWERS OF ADMINISTRATIVE AGENCIES I.public . in case of conflict between a statute and administrative officers or bodies.Making Power Quasi-judicial or Administrative Adjudicatory Power 1.

Notes in Administrative Law Emmanuel Gumiran Caddali administrative order.1) executivepertains to the enforcement and administration of the laws. it cannot be delegated no valid objection can be made as to delegation 3.involves the determination of rights and obligations of the parties Laguna Lake Dev’t Authority v. or when they shall take effect. International Comm. CA: the legislature cannot by its mere declaration make a private business or something a public utility which is not in fact as such Legislative Power Quasi-legislative Power 1. quasi-judicial power. government by legislation Government by bureaucracy o Tio v. v. hold hearings. completeness test The law must: a. a resolution of said contest would partake such nature Sta. 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 . Inc.issuance of provisional permits or authority on the basis of its determination on the applicant’s compliance with the requirements it has promulgated.Tests of Delegation 1. Corp.if an issue arises from said determination. v. weigh evidence. Aquinas University College of Law Page 7 .: quasi-legislative power. 2) judicial. VRB: delegation can be made if it is merely a conferment of authority or discretion as to its execution. and draw conclusions from them as basis for their official action and exercise of discretion in a judicial nature Eastern Telecommunications Phils. Amante: TWO-FOLD JURISDICTION OF DAR. STATUTE prevails o o o investigate facts or ascertain the existence of facts. be complete in all its terms and conditions U.. Rosa Realty Dev’t Corp. v. enforcement and implementation o PAL Inc. NTC: Certificate of Public Convenience Franchise form of regulation through the administrative grant of privilege from the sovereign power agencies - o Source: legislature Notes: 1) the delegation should be canalized within the banks that keep it from overflowing (Schecter Poultry v. carrying them into practical operation and enforcing their due observance. the discretion to determine what the law shall the discretion to determine how the law shall be be enforced 2. 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 o Associated Comm.S v. Ang Tang Ho: the law does not specifically define what such temporary and emergency measures shall remain in force and effect.. & Wireless Services-United Broadcasting Networks v..

the limits of which are sufficiently determinate or determinable---to which the delegate must conform in the performance of his functions Sufficient standarda. b. quasi-judicial power or adjudicatory function . 3) economy and efficiency and 4) public welfare Ynot v.Notes in Administrative Law Emmanuel Gumiran Caddali o o b. enables the administrative body to resolve. NLRC.its decisions are reviewable on certiorari by the CA. after the judgment is the executive acts first. maps out its boundaries d. one which defines legislative policy. in a manner essentially judicial. IAC: “may see fit”. 2) simplicity. and eventually by the SC Source: 1) incidental to the power of regulation vested in the administrative body. sufficient standard test. w/ch is the enforcement of law o Abakada Guro Party List v.private in nature .consists of a roving commission. 2) announce the legislative policy. Williams: Accepted sufficient standards. whenever warranted. to review its legal findings Note: administrative officers can interpret and apply the law to the facts ascertained by them but such determination is subject to review by courts - - eg. and 3) specify the conditions under which it is to be implemented Calalang v.1) public interest.incidental to their main function. 2) expressly conferred by the legislature through specific provisions in the charter of agency Rationale: to enable the administrative officers to perform their executive duties Aquinas University College of Law Page 8 . factual and sometimes even legal questions incidental to its primary power of enforcement of the law . mark its limits c.the power of adjudication. then question of law 2) the executive acts last.the power of the administrative authorities to make determination of facts in the performance of their official duties and to apply the law as they construe it to the facts so found . Ermita Judicial Power Quasi-judicial Power 1) question of law first.standard must be fixed. offer a sufficient standard to 1) specify the limits of the delegate’s authority. indicates the circumstances under which the legislative command is to be effected II. specifies the public agency to apply it e. then question of fact question of fact. thus invalid delegation of legislative power 2.jurisdiction of the administrative body in applying a rule for the past . with the courts acting made and all the legal questions are settled later.

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.may require factories to use certain chemicals to protect the environment b) DOT. a) DENR.merely a convenient way of approving the exercise of judicial power by an administrative officer Determinative powers: 1.those that permit the doing of an act which the law undertakes to regulate and which would be unlawful without the government approval eg.E for health reasons b) when residential buildings are permitted by the zoning board to remain in an area designated as commercial or industrial c) when persons of draft age are relieved of a combat duty because of their civil status or occupation Commission on Elections v. a) a student excused from P.order the doing or performance of particular acts to ensure compliance with the law and are often exercised for corrective purposes eg.may call on common carriers to install specific safety devices to prevent accidents or special seats for the handicapped or disabled c) NLRC. 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 Aquinas University College of Law Page 9 .allows the administrative order to relax the general operation of a law or exempt from the performance of a general duty eg. a) issuance of licenses to engage in a particular business or operation b) power of the SEC to approve the articles of incorporation and by-laws of a corporation c) MTRCB to allow the public exhibition of a movie d) fire or municipal authorities to permit the occupancy of a newly-constructed building 2.those involving the use by administrative authorities of force upon persons or things without the necessity of previous judicial warrant eg. directing powers. (2) summary.Notes in Administrative Law Emmanuel Gumiran Caddali - o quasi-judicial. enabling powers.may compel an employer to reinstate an illegally dismissed employee and pay him damages Kinds: (1) dispensing.

of persons or entities coming under its jurisdiction (ISIC-BIW-PFP) i.enables administrative body to inspect the records and premises. 2) issue writs of preliminary injunction and 3) punish for contempt Chapter 4 QUASI-LEGISLATIVE POWER Effect of the rule-making power of the administrative body: . designed to implement a primary legislation by providing the details thereof those which purports to do no more than interpret the statute being administered. and investigate the activities. filling in the details iii. requiring written answers to questionnaires viii. usually acting in pursuant to a specific delegation of legislative power Interpretative matter of subordinate legislation. requiring periodic or special reports ix. calling for production of books.the active power of the State from its source to the point of application Meaning: to apply the law and so fulfill the mandate of the legislation Kinds of Administrative Regulations Legislative 1) designed to provide guidelines to the law which the administrative agency is in charge of enforcing 2) accorded by the courts or by express provision of statute the force and effect of law immediately going into effect 3) how: i. swearing in of witnesses iii. papers and records be made available for inspection vi. interrogation of witnesses iv. supplementing the statute ii. to say what it means constitute administrator’s construction of a statute Note: it is the statute and not the regulation which the individual must conform Aquinas University College of Law Page 10 . issuance of subpoenas ii. requiring physical and medical examinations in certain cases . requiring the filing of statements x.allows many administrative agencies to actually 1) conduct hearings.Notes in Administrative Law Emmanuel Gumiran Caddali c) taking over by the BSP of mismanaged banks d) confiscation by the customs authorities of articles which are prohibited per se (3) examining. requiring that books. inspection of premises vii. papers and records v. making the law iv.

Notes in Administrative Law Emmanuel Gumiran Caddali 4) issued by the administrative body pursuant to issued by the administrative body as an incident a valid delegation of administrative body of its power to enforce the law and is intended pursuant to a valid delegation of legislative power merely to clarify its provisions for proper observance by the people 5) intended to have the binding force and effect merely persuasive and is received by the courts of a law enacted by the legislature itself with much respect but finality Classifications of Legislative Regulation Supplementary Contingent 1) intended to fill in the details of the law and it is issued upon the happening of a certain “to make explicit what is only general” contingency which the administrative body is given the discretion: to determine or “to ascertain. the President can exercise the rule-making power conferred by the above provisions upon his subordinates in the executive department Administrative rules and regulations are intended to carry out.usually conferred by the following: a) the charter itself of the administrative body. not supplant or modify the law. (2) It must be within the scope of the authority given by the enlarge upon a statute. Authority to promulgate the regulation. makes its own action depend. under and pursuant to law. Gatmaitan: By virtue of his constitutional power of control. subject only to the standards fixed therein. or b) the law it is supposed to enforce GENERAL RULE: a regulation is binding on the courts EXCEPTION: if it is in contravention with the standards that the law prescribes o Araneta v. some circumstances on which the law. by its own terms. or to find facts or conditions properly prescribed under which a law as passed will or will not operate Effect: applying/suspending a law 2) purpose. to ensure its effective enforcement in accordance with the legislative will Requisites of Valid Administrative Regulation (P-SAR): (1) Its promulgation must be authorized by the legislature. Aquinas University College of Law Page 11 .

de Prieto: a regulation that operates to create a rule out of harmony with the statute is a mere nullity. CA: as the President could delegate the ratemaking power to the PPA. the law MUST prevail. o Pilipinas Kao. Gonong LOI 43 PD 1605 1) deals with the motor vehicles that have deals with the motor vehicles that have been stalled on a public road deliberately parked in a no-parking area 2) accidental intentional 3) purpose. prescribe. by virtue of the former’s plenary power of legislation o Legaspi v. v. of the Phils. or even the confiscation of the license of the offending driver as a penalty for illegal parking o Luzon Polymers Corp. o Phil. 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. 20(a) in the PPA to impose. Rules that subvert the statute cannot be sanctioned. 2)source The Congress may intervene anytime despite the existence of administrative agencies entrusted with wage-fixing powers. o Metropolitan Traffic Command West Traffic District v. so he could exercise it in specific instance without thereby withdrawing the power vested by the P. Inc. Sec. v. Clave: an administrative agency cannot amend the law it seeks to implement o Phil. v.. o CIR v. v. the Sec. Maceren: nowhere in the law was electro-fishing was prohibited. CA: a statute is superior to an administrative directive and the statute cannot be repealed nor amended by the latter. v.1) simply directives of the President. Inc. Torres: DOLE circulars for taking over of the business of deploying domestic helpers to HK is valid. 857. CA: no engraftment of additional requirements not contemplated by the legislature In case of conflict. determinative factors WON an act is a law or an administrative issuance1)nature.Notes in Administrative Law Emmanuel Gumiran Caddali o Boie-Takeda Chemicals. Vda. to heads of Aquinas University College of Law Page 12 . Interisland Shipping Assoc. an administrative agency cannot amend an act of Congress o CIR v. Department zeal may not be permitted to outrun the authority conferred by the statute. o Republic v. dela Serna: the regulation promulgated must not be ultra vires or beyond the limits of the authority conferred. Assoc. 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. fix. v. Bank of Comm. o P v. of Service discourage the use of public to penalize the driver for his defiance of the streets by motor vehicles that are likely to break traffic laws down Note: it does not include the removal of license plates. charges or fees…for the services rendered by the Authority or by any private organization within a Port District. of Agriculture and the Commissioner of Fisheries were powerless to penalize it. Inc. Minister of Finance: letters of instruction.O No. hence. issued in the exercise of his administrative power of control. o Phil. CA: administrative issuances must not override but must remain consistent and in harmony with the law they seek to apply and implement. increase or decrease such rates.

Sec.prior notice and hearing are essential to the validity of such rates. (3) It must be promulgated in accordance with the prescribed procedure. although strictly not a LGU. Sec. regulations fixing rates or toll charges. where the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an appropriate investigation.provisional rates (Republic v. Except. where the rules and rates imposed apply exclusively to a particular party o Tanada v.the grant of prior notice and hearing to the affected parties is not a requirement of due process. penal in nature EXCEPTION: Interpretative regulations and those merely internal in nature. those promulgated to govern future conduct (Abella. need not be published. Rationale.Tuvera: Publication must be in full or it is no publication at all. and admits of no reasonable construction. is subject to the President’s power of general supervision but not power of control. a provisional increase o Freedom from Debt Coalition v. v. ex parte. 2) cannot be a valid source of obligation Bito-onan v. it behooves the agency to accord at least those directly affected a chance to be heard. Rationale. Medina) o Maceda v. Luz Farms 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. v. ERB: while under EO No.Notes in Administrative Law Emmanuel Gumiran Caddali o o departments and/or officers under the executive branch of the government for observance by the officials and/or employees thereof. CSC) EXCEPTIONS: i. of Agrarian Reform: livestock. 172. Inc. ii.its purpose is to inform the public of the contents of the law. a hearing is indispensable. Administrative rules and regulations are subject to judicial review. quasi-judicial function. and thereafter to be duly informed. swine and poultry-raising are industrial activities and do not fall within the definition of agriculture or agricultural activity. that is regulating only the personnel of the administrative agency and not the public.the power of the DILG Secretary to interfere with local affairs should be resolved in favor of the greater autonomy of the LGU. administrative adjudication. Consumers Foundation. o Phil. CA: if it substantially adds to or increases the burden of those governed. 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. i. NTC: courts do not interfere with administrative action prior to its completion or finality. and ii. those general in application.where the regulation is in effect a settlement of a controversy bet. o CIR v. GENERAL RULE: The promulgation of administrative regulations of general application does not require previous notice and hearing. Jr. it does not preclude the Board from ordering. before that new issuance is given the force and effect of law Aquinas University College of Law Page 13 . o RCPI v. eg. Fernandez: the LIGA. eg. specific parties iii.

Torres: The vesture of quasi-legislative and quasi-judicial powers in administrative bodies is not unconstitutional. In case of opposition. Inc. of Finance Sec. iii. or. Rule: each rule shall become effective 15 days from the date of filing. Aquinas University College of Law Page 14 . regulation or circular must first be published and the people officially informed of said contents and penalties. Dept. Ermita: publication is necessary if the subject of such law is a matter of public interest which any member of the body politic may question in political forums. Angeles: publication is necessary 1) to apprise the public of the contents of the regulations and 2) make the said penalties binding on the persons affected thereby. publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule. (4) It must be reasonable. 1989) in the Official Gazette or in a newspaper of general circulation in the Philippines.  Gen.special publication Other requisites provided in Administrative Code  every agency shall file w/ the UP Law Center 3 certified true copies of every rule adopted by it. The power to restrict and regulate conferred by Art. P. 36 of the Labor Code involve a grant of police power. no rule or final order shall be valid UNLESS the proposed rates shall have been published in a newspaper of general circulation at least 2 weeks before the first hearing thereon. Administrative rules and regulations must be published if their purpose is to enforce or implement existing law pursuant to a valid delegation.has a direct effect on the rights of the people to information on matters of public concern. ii. the rules on contested cases shall be observed. of Service Exporters. 1.3 mos. Exception. v. Inc.Notes in Administrative Law Emmanuel Gumiran Caddali o o o o o o o o Pesigan v. due processrequires that the people should have been apprised of its issuance before it was implemented P.1) if a different date is fixed by law. v. even in courts of justice. 10 (which completely disallows the payment of allowances and other additional compensation to government officials and employees starting Nov. 1998 v. v. If not otherwise required by law. v. a law. an agency shall. especially its penal provisions. Que Po Lay: before the public is bound by its contents. In the fixing of rates. E0 464. if he is a proper party. of Coco Traders. unreasonable and oppressive. COA: publication is required as a condition precedent to the effectivity of a law to inform the public of the contents of the law or rules and regulations before their rights and interests are affected by the same. Int’l Trading Corp.  prescription. Misamis Oriental Assoc. safety and welfare  must be filed with the National Administrative Register Phil. v. Senate of the Phils. o Taxicab Operators of Metro Manila v. Board of Transportation: The BOT need not first summon taxicab operators to a conference on public hearing before issuing circulars phasing-out more than 6-year old taxicabs. COA: the government officials and employees concerned should be apprised and alerted by the publication of DDM-CCC No. Exceptions. 2) specified in the rule in cases of imminent danger to public health. Veridiano: the usual 15-day period required for the effectivity of an administrative rule or regulation is reckoned on the date of release for the circulation of said edition in the Official Gazette. Phi.: PUBLIC PARTICIPATION i. v. Assoc. as far as practicable. PPA Employees Hired After July 1.

4003 does not contain prohibition punishing fishing w/in 3km from the shoreline w/o written permission from the Sec. Exception. 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. Global Comm. Enforcement    The power to promulgate administrative regulations: 1) carries it with it the implied power to enforce them. including administrative rules and regulations. v. (3) The regulation must be published.Notes in Administrative Law Emmanuel Gumiran Caddali Dispensing with a public hearing prior to the issuance of the Circulars is neither violative of procedural due process. safety and comfort of riding public is based on reasonable standards.if the legislative intent to the contrary is manifest by express terms or by necessary implication o Phil. CA: Gen. CA) How? 1) via judicial action. hence it cannot be incorporated with the promulgated rules and regulations. of Agriculture. Special Requisites of a Valid Administrative Regulation with a Penal Sanction (MIP): (1) The law itself must make violation of the administrative regulation punishable. o BPI Leasing Corp. Amendment or Repel The administrative regulation made thereunder is subject to amendment or repeal by the authorites that promulgated them in the first place. Inc. of Justice are material in the construction of statutes of the same matter. repeal or abrogate the acts or previous rulings of his predecessor in office. Fixing lifetime of taxicab to 6 years in Metro Manila due to heavier traffic. Fixing by BOT of the lifetime ceiling of 6 years to taxicab is not unreasonable or arbitrary. Santos: Act No. Relova: opinions of the Sec. o Hidalgo v. 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. Penal Regulations  Gen. operate prospective only.statutes. (2) The law itself must impose and specify the penalty for the violation of regulation. v.. Aquinas University College of Law Page 15 . or 2) includes the power to issue opinions and rulings to enable the administrative agency to properly execute said regulations (Peralta v. CIR: an administrative officer may revoke. Non-applicability of phase-out rule on taxis to other vehicles is not violative of equal protection clause. Rule.

fact finding.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. NLRC: National Electrification Administration. 129-A. the Commission is a co-equal body with the RTC and co-equal bodies have no power to control the other o Carino v.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. o Ilocos Sur Electric Cooperative. Natividad: DAR.its limited jurisdiction does not include authority over petitions for certiorari.vested with the primary jurisdiction to determine in a preliminary manner the just compensation for the lands taken under the agrarian reform. discretion of officers who are required to investigate facts. CHR cannot try and decide cases as courts of justice or even quasi-judicial bodies do.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: CHR. in the absence of an express grant in R.if it is dependent upon ascertainment of facts by the administrative agency.O No. 6657. 229 and E. PCGG v.has no power to hear and decide termination cases of employees in electric cooperatives. DARAB. Requisites of quasi-judicial power: 1.O No. 2(9): it is an agency process for the formulation of a final order Land Bank of the Phils.. E. JURISDICTION. in accordance with the standards laid down by the law itself. Cardollo: it is the power of the administrative agency to determine questions of facts to which the legislative policy is to apply. CA: quasi-judicial or adjudicatory. Aquinas University College of Law Page 16 . or ascertain the existence of facts and draw conclusions from them as a basis for their official action. and to exercise discretion of a judicial nature.term applied to the action. Pena: in the exercise of quasi-judicial functions. 2192. Lubrica: the grant of original jurisdiction on a quasi-judicial agency is not implied. Jurisdiction must be properly acquired by the administrative body. Pena: quasi-judicial. v. The Commission should not try to resolve on the merits involve in Striking Teachers HRC Cases. DARAB v. Inc. v. upon which a decision is to be made and rights and liabilities determined.O No.within the original jurisdiction of the Secretary of Education and also within the appellate jurisdiction of CSC. E.has the original and exclusive jurisdiction over all petitions for the determination of just compensation Sanado v. RTC. Sec.A No.Notes in Administrative Law Emmanuel Gumiran Caddali Chapter 5 THE QUASI-JUDICIAL POWER o o o o o o Gudminidson v.

o Nat’l Federation of Labor v. CA: regular court. Jalandoon: SEC.has no intrinsic right. Marcopper Mining Corp. absent statutory authority. v. o Pilipinas Shell Petroleum Corp. NLRC.has adjudicative powers for violation of pollution control statutes and regulations. NTC. v. o Lepanto Consolidated Mining Compnay v.have the power to adjudicate breach of contract cases as well as award moral and exemplary damages.not applicable o Manila Electric Company v. Phils. HLURBhas jurisdiction over cases involving sales of subdivision lots o Southern Cross Cement Corp. Electoral Commission: doctrine of implication.Notes in Administrative Law Emmanuel Gumiran Caddali o ERB v.has jurisdiction over a controversy pertaining to mining rights.. v.not the proper authority to hear and decide cases involving direct power connection. COSLAP: COSLAP.allowed to award damages virtually to the same extent as court of justice. of the Phils. o Int’l Broadcasting Corp. Department of Energy. Oil Industry Commission: administrative agencies are bereft of quasi-judicial powers unless expressly empowered. to reverse the findings of the Tariff Commission. Eastern Telecomm. CA: National Power Corporation. o Republic v. PSC: the jurisdiction and powers of administrative agencies are limited to those expressly granted or necessarily implied form those granted in the legislation creating such body.has jurisdiction over the regulation of the marketing and distribution of energy resources.its jurisdiction is confined only to disputes over lands in which the government has proprietary or regulatory interest. o Global Wireless Ltd. any order without or beyond jurisdiction is void and ineffective. o PLDT v. o Boiser v.always interpreted strictly against the franchise holder. (1) Rules of Procedure o Angara v.: franchises.: Mines Regional Directorhas express and administrative and regulatory powers over mining operations and installations. v.has the power to adjudicate cases involving violations of rights which are legally demandable and enforceable. WMC Resources Int’l Pty. Pollution Adjudication Board.had jurisdiction over any intra-corporate controversy which may have arisen from said ownership. it is deemed also vested with the implied power to Aquinas University College of Law Page 17 .had the power to award damages arising from picketing COMELECvested with jurisdiction over an election contest involving a provincial governor or a city mayor as well as empowered to award actual or compensatory damages.where an administrative body is expressly granted the power of adjudication. Eisma: labor arbiter. v. o Davao New Town Dev’t Corp. Cement Manufacturers Assoc.: DTI. Ltd: Mines and Geosciences Bureau. CA: regular courts.

Rationale. o Phil. Roldan-Confesor: the administrative determination of facts and the consequent imposition of suspension/revocation of Authority/License do not make the proceedings criminal. Lubrica: the power of administrative agencies to promulgate rules of procedure does not or cannot be construed as allowing it to “grant itself jurisdiction”. NLRC. adjudicate. CSC o Carmelo v.rules of procedure. Agrava: the rules must not violate fundamental rights or encroach upon constitutional prerogatives. Board of Medical Examiners cannot compel the person proceeded against to take the witness stand without his consent. Lawyers Assoc. CA: administrative rules of settle in the exercise of judicial authority o Pascual v.may summon witnesses and require the production of evidence only 1) when duly allowed by follow up step by step by patient inquiry or observation. o Samalio v. 5(5): rules of procedure of special courts and quasijudicial bodies shall remain effective unless disapproved by the SC.may be expressly granted in the charter of the administrative body. Board of Medical Examiners: The constitutional guarantee against self-incrimination extends to administrative proceedings which possess a criminal or penal aspect. CA: the provisions of the Rules of Court may be applied suppletorily to the rules of procedure of administrative bodies exercising judicial powers unless otherwise provided by law or the rules of procedure of the administrative agency concerned. Sec. o Agusmin Promotional Enterprises. Inc.essentially judicial and cannot be claimed as an inherent right by the administrative body. Jr: the agency may adopt any reasonable method to carry out its functions.remedial in nature. 2) to assist the parties in obtaining a just.not inherent . and 2) always only in connection with the matter they are authorized to investigate . v. v. Inc.Notes in Administrative Law Emmanuel Gumiran Caddali prescribe the rules to be observed in the conduct of its proceedings. o Art. o Manalo v. o DARAB v. 8. Rationale. Ramos: authority to conduct an investigation does not necessarily mean it can also summon witnesses and take testimony in the absence of a clear grant of this power from the legislature o Carino v. Aquinas University College of Law Page 18 . o Provident Tree Farms. speedy and inexpensive determination of their respective claims and defenses. (3) The Contempt Power . Batario. cover only rules on pleadings and practice (2) The Subpoena Power .1) to promote their object. v.should be construed liberally. eg. CHR: investigate.

CIR CARDINAL RIGHTS OR PRINCIPALS TO BE OBSERVED IN ADMINISTRATIVE PROCEEDINGS: (1) right to a hearing. 2. POEA Administrator: technical rules of procedure and evidence. especially where the administrative order has the effect of only prima facie evidence. Bundalian: The burden is on the complainant to prove by substantial evidence the allegations in his complaint. (2) the tribunal must consider the evidence presented. (3) the evidence must have something to support its decision. in all controversial free administrative boards from the compulsion of technical rules (5) the decision must be rendered on the evidence presented at the hearing. or at least contained in the record and disclosed to the parties affected. Notice and hearing. render its decision in such a manner that the parties to the proceeding can know the various issues involved and the reasons for the decisions rendered o Montemayor v. 2) tentativeness of the administrative action.includes the right of the party interested or affected to present his own case and submit evidence in support thereof. Rationale. Inciong: A labor official’s power to hold a person for contempt for refusal to comply with its order cannot extend to a CFI judge. Aquinas University College of Law Page 19 .their report and decision are only advisory (6) the Court of Industrial Relations or any of its judges. Dimaporo: the power to hold in contempt must be exercised on the preservative principle. 3) the right had previously been offered but not claimed. o Cadalin v. Rule: denial of the right to notice and hearing will render the administrative proceedings null and void for denial of due process. summary abatement of a nuisance per se (1) Administrative Due Process  Administrative tribunals are unrestricted by the technical or formal rules of procedure which govern trials before a court. Exceptions: 1) urgency of the immediate action. Due process must be observed in the conduct of the proceedings. o Land Bank of the Phils. boards of inquiry. remedy of administrative official.relevant evidence as a reasonable mind might accept as adequate to support a conclusion. must act on its or his own independent consideration of the law and facts of the controversy.essential to due process Rationalethey may claim the right to appear therein and present their side or refute the position of opposing parties Gen. (4) the evidence must be substantial. Listana: quasi-judicial agencies that have the power to cite persons for indirect contempt can only do so by initiating them in the proper RTC. therefore. Administrative decisions of the executive branch of the government must be respected so long as they are supported by substantial evidence. v. o Dumarpa v.cardinal rules which must be observed by the hearing officers in order to comply with the due process requirements of the Constitution.Notes in Administrative Law Emmanuel Gumiran Caddali o Tolentino v. eg. (7) the Court of Industrial Relations should. and not simply accept the views of a subordinate in arriving at a a dismissal of the case before the court precisely on the ground that the matter did not fall within the domain of the powers conferred on it. o Ang Tibay v.

Phil. of Patents: the officer who makes the determination must consider and appraise the evidence which justifies them. Bell Telecomm. CSC: the reviewing officer must be other than the officer whose decision is under review. nemo potest esse simul actor et judex. Zambales Chromite v.remedy to cure defects in procedural process Boyboy v. Moral: administrative resolution. Valladolid v.he should ask his undersecretary to review a decision rendered by him. Vivo: the law does not require another notice and hearing for a review of the decision of the board of special inquiry on the basis of the evidence previously presented. CA: the aggrieved party should not be one and the same official upon whose lap the complaint he has filed may eventually fall on appeal. Chiong: Aquinas University College of Law Page 20 .trial-type proceeding is not required. v. CA: findings of fact of administrative departments are generally accorded respect. v. NTC: hearing is essential before a fine may be imposed.No man can be at once a litigant and judge. 2) fraud. Exception. resolution or decision. Quiambao v. Corona v.where the findings are necessarily to be based on the credibility of the witnesses or complaints. there is no denial of due process. by the courts. Caoile v. NAPOCOR v. v. 3) rendering an order or decision supported by the facts proved. 2) determining facts based on the evidence presented. Inc. of Justice v. Merchant Marine School Inc. CA: where opportunity to be heard either through oral arguments or through pleadings is accorded. Sec. remedy. Yabut: Gen. v. if not finality. Inc. Manara: appeal/motion reconsideration. Dir. Ople: there was denial where the decision was rendered against a person who was not a party to or even notified of the proceedings taken before a labor arbiter. CA: it is grave abuse of discretion for a department secretary to review his own decision while Director of Mines. Inciong: no denial of the right to due process on the basis of position papers submitted by the parties.basis for any further remedies that a respondent in an administrative case might wish to pursue. Globe v.Notes in Administrative Law Emmanuel Gumiran Caddali o o o o o o o o o o o o o o o o o Administrative decisions in matters within the executive jurisdiction can only be set aside on proof of 1) gross abuse of discretion. Pefianco v. Rivera v. American Tobacco Co. GMCR. Autencio v. Marvel Bldg. or 3) error of law.1) taking and evaluation of evidence.: the vote alone of the Chairman of Commission is not sufficient to legally render an NTC order. Rule. Lantin: Reqt’s of Quasi-Judicial Proceeding. Phils. Ople: no denial of due process if petitioners received notice of the scheduled investigation the day before said date of the hearing or investigation Alvarez v.

Administrative Appeals and Review  Gen. o Javier v.may be appealed to the courts of justice only 1) if the Constitution or the law permits it or 2) if the issues to be reviewed involve questions of law. upon their finality. o San Luis v. Inciong: bringing of the same action in the name of the individual members of the union will not take out the case from the ambit of principle of res judicata.may be validly rendered final and inappealable at the administrative level without allowing the aggrieved party a final resort to the courts of justice. public order or public policy. NLRC: labor relations proceedings. Rule: administrative decision cannot be enforced.lies to ‘enforce a ministerial duty or the performance of an act which the law specifically enjoins as a duty resulting from office. repeal or abrogate the acts or previous rulings of his predecessor in office if he becomes satisfied that a different construction should be given. v. CA: even decisions of administrative agencies which are declared “final” by law are not exempt from judicial review when so warranted. Inc. 4) judgments based on prohibited or null and void contracts. Chapter 6 JUDICIAL REVIEW  administrative decision. initially by way of review of administrative decisions. Exception: unless otherwise provided by law or executive order Enforcement of Decision  how?. o Delfin v. Inc. morals. (2) jurisdiction must be lawfully acquired over the person of the defendant or property which is the subject of the proceedings.Notes in Administrative Law Emmanuel Gumiran Caddali ELEMENTS OF DUE PROCESS: (1) there must be a court or tribunal clothed with judicial power to hear and determine the matter before it. and (4) judgment must be rendered upon lawful hearing. CA: when it is repugnant to law. o ERB v.appeal to the force of public opinion o CAB v. CA: writ of mandamus.).1) Republic v. CA: complainants have the burden of proving by substantial evidence the allegations in their complaints. (3) the defendant must be given an opportunity to be heard. 3) exercise of administrative powers. 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.  An administrative officer may revoke. PAL: it is an administrative penalty which administrative officers are empowered to impose without criminal prosecutions. o Chung Fu Industries (Phils. good customs. v. Aquinas University College of Law Page 21 . Catro: the decisions and orders of administrative agencies rendered pursuant to their quasi-judicial authority. Res Judicata o Brillantes v. have. the force and binding effect of a final judgment within the purview of the doctrine res judicata. trust or station. 2) Nasipit Lumber Company. Exceptions. Rationalejudicial tribunals cannot be deprived of their inherent authority to decide questions of law. .

this should be resorted to before resort can be made to the courts. Paras: the body or agency that first takes cognizance of the complaint shall exercise jurisdiction to the exclusion of others. simply calls for the determination of administrative questions o Sherwill Dev’t Corp.  The judicial process is suspended pending referral of such issues to the administrative body for its view. and comes into play whenever enforcement of the claim requires the resolution of issues which. o UHC v. Inc.. Local Gov’t of Caloocan City: before seeking the intervention of courts. v. Aquinas University College of Law Page 22 . v.Notes in Administrative Law Emmanuel Gumiran Caddali Methods of Review  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. have been placed within the special competence of an administrative body. (2) Doctrine of Exhaustion of Administrative Remedies o Phil.  The SC may review the decisions of the Office of the President on questions of law and jurisdiction when properly raised. v.  The administrative process must continue up to the highest level before resort to judicial tribunals may be sought. Hospital and Medical Center: an administrative decision must first be appealed to the administrative superiors up to the highest level before it may be elevated to a court of justice for review. NTC: objective. o Industrial Power Sales. Pena: courts must allow the administrative agencies to carry out their functions and discharge their responsibilities within the specialized area of their respective competence. o PCGG v. Sinsuat: Requisites of Judicial Review. v.  If the motion is denied. Health Insurance 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. or with grave abuse of discretion. Inc v. Doctrines of Judicial Review (1) Doctrine of Primary Jurisdiction. Inc. Chinese Gen. Nino Residents Assoc. and with the reviewing courts. the movant shall perfect his appeal during the remaining period for appeal reckoned from receipt of the resolution of denial. o Systems Plus Computer College of Caloocan City v. o Smart Comm. o Rubio Jr. o Garcia 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. Sitio Sto.  The findings of fact of the agency when supported by substantial evidence shall be final except when specifically provided otherwise by law.: it applies where a claim is originally cognizable in the courts. CA: if a remedy is available within the administrative machinery.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. under a regulatory scheme..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. it is a precondition that one should first avail of all the means afforded by the administrative processes.

Notes in Administrative Law Emmanuel Gumiran Caddali Reasons: 1) Carale v. The Executive Secretary: doctrine of qualified political agency. 4) Judicial reviews of administrative cases are available only if there is no other plain. v. will decide the same correctly.. speedy and adequate remedy. CA: the premature intervention of courts is fatal to one’s cause of action. Nat’l City Bank of NY: it is discretionary upon the court to permit an aggrieved party to institute a court action without first resorting to an administrative remedy for the purpose. 10) in quo warranto proceedings o Hoskyns v. 8) when strong public interest is involved. Abad: courts should not be saddled with the review of administrative cases. Catungcal: administrative 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. Abarintos: administrative superiors can correct errors committed by their subordinates. v. Bachelor Express. Others: (Batelec case) 1) law 2) comity 3) convenience o UP v. 2) Information Technology Foundation of the Phils. 2) merely results in the lack of a cause of action Aquinas University College of Law Page 23 . o Paat v. Inc. Appeal to President o o Land Car. Inc. Effects of Noncompliance: 1) does not affect the jurisdiction of the court. Belmonte: interpretation of the scope of his constitutional right to information 2) when the administrative body is in estoppel. Exceptions: 1) when the question raised is purely legal. 3) when the act complained of is patently illegal. 5) when the claim involved is small: 6) when irreparable damage will be suffered. v. 4) when there is urgent need for judicial intervention. 7) when there is no other plain. o Valmonte v. if afforded a complete chance to pass upon the matter. COMELEC: in deference to the doctrine of separation of powers 3) Sunville Timber Products. 9) when the subject of the controversy is private land. Carpio v. Inc: the doctrine of administrative remedies empowers the Office of the President to review any determination or disposition of a department head. speedy and adequate remedy.  does not apply when the assailed act pertained to administrative agency’s rule-making or quasi-legislative power.

Questions Reviewable Question of Fact Question of Law 1) review of administrative decision lies in the may be appealed to the courts of justice discretion of the legislature. v. otherwise. arbitrariness or capriciousness is manifest Atlas Consolidated Mining and Dev’t Corp. Inc. and receive additional evidence. by a motion to dismiss. subject matter and issues.Notes in Administrative Law Emmanuel Gumiran Caddali Remedy. same essential facts and circumstances and raise identical causes of action. Factoran: the reviewing Court cannot reexamine the sufficiency of the evidence as if originally instituted therein. even before filing the answer to the complaint or pleading asserting a claim. v. Exceptions: 1) denial of due process 2) mistake of law 3) fraud 4) collusion 5) arbitrary action in the administrative proceeding 6) when the procedure which led to factual findings is irregular 7) when palpable errors are committed 8) when grave abuse of discretion.exists when both actions involve the same transactions. Aquinas University College of Law Page 24 . o Sunshine Transportation. Factoran: findings of fact should not be disturbed if supported by substantial evidence.  A failure to exhaust administrative remedies may also constitute forum shopping. Committee on Privatization) o o Atlas Consolidated Mining and Dev’t Corp. which may or may independently of legislative permission or even not permit it as it sees fit against legislative prohibition Rationale. NLRC: a motion for reconsideration must be filed before the special civil action for certiorari may be availed of. that was not submitted to the administrative agency concerned. v.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 facts 4) must be respected provided they are supported by substantial evidence even if such evidence might not be overwhelming or even preponderant arises as to what the law is on a certain state of facts it is in the exercise of their quasi-judicial function. incident of their primary power of regulation 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. such a ground for dismissal would be deemed waived.motion to dismiss o Calub v. CA: exhaustion must be raised at the earliest possible time.

CA: the opinions and rulings of officials of the government called upon to execute or implement administrative laws command respect and weight. Aquinas University College of Law Page 25 . or its findings are contrary to the admissions of both appellant and the appellee. v. absurd or impossible. DOLE: administrative agencies which have acquired expertise because their jurisdiction is confined to specific matters are generally accorded not only respect but even finality. Protector’s Services Inc. 10) when the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record. 2) when the interference made is manifestly mistaken.  Gen Rule: factual findings of administrative agencies that are affirmed by the Court of Appeals are conclusively upon and generally not reviewable by this Court. would justify a different conclusion. 5) when the findings of fact are conflicting. surmises or conjectures. Exceptions: 1) when the findings are grounded entirely on speculation.Notes in Administrative Law Emmanuel Gumiran Caddali o o Osias Academy v. 8) when the findings are conclusions without citation of specific evidence on which they are based. 7) when the findings are contrary to the trial court. 3) when there is grave abuse of discretion. 6) when in making its findings. the Court of Appeals went beyond the issues of the case. 9) when the facts set forth in the petition as well as in the petitioner’s main and reply briefs are not disputed by respondent. 4) when the judgment is based on a misapprehension of facts. and 11) when the CA manifestly overlooked certain facts not disputed by the parties. which if properly considered.