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Administrative Law, De Leon ©2003
Administrative Law
It is “that branch of modern law under which the executive
department of Government acting in a quasi-legislative or
quasi-judicial capacity, interferes with the conduct the
individual for the purpose of promoting the well-being of the
community as under the laws regulating public corporations,
business affected with public interest, professions, trades and
callings, rates and prices, laws for the protection of the public
health and safety and the promotion of public convenience
and advantage.” -DEAN ROSCOE POUND
(BEIW)

Branch of modern law

Executive department (Quasi-Judicial & QuasiLegislative)

Interferes with the conduct of individuals

For the purpose of the well-being of the community
Scope of Administrative Law

Page 1 of 9
The true field of Administrative law refers only to the external
aspect of public administration (narrower bulk of public
administration).
CALLING MR. PING GUERERO and MS. FE PEÑA! Hahahah
#PUSO

Principal Subdivisions of Administrative law (I GA -EAP)
1.Internal Administration – treats the legal relations
between the government and its administrative officers,
and of the legal relations that one administrative officer or
organ bears to another among others.
2.External Administration – Concerned with legal relations
between
Administrative
authorities
and
private
interests.
-

Survey of powers
Analysis of scope and limits of such powers
Account of the sanctions, means of enforcing, official
determinations.
Examination of remedies against official action

(OEPA-RJRE)
-Organization
-Enforcement and Execution
-Public Officers
-Administrative Agencies
-Remedies
-Judicial Review
-Rules and regulations implementing Laws
-Established Jurisprudence

Classification of Administrative law

Administrative Authorities – all those public officers and
organs of the government that are charged with the
amplification, application and execution of the law, but do not
include, by virtue of the doctrine of separation of powers
Congress and regular courts

As to its purpose (P-S)
- Adjective or procedural administrative law (AGENCY must
follow)
- Substantive Administrative law (ESTABLISH primary right
and duties)

CONCERNS (P-D)

As to applicability (G-S)
-General Administrative Law
-Special or particular administrative
particular agencies)

1. Private rights
2. Officers and agencies exercising delegated powers
ADMIN LAW v. INTERNATIONAL LAW

Administrative law lays down rules which shall guide
the officers & Agencies while International law is not
binding upon them except when adopted as
administrative law of the state.
ADMIN v CONSTI
Constitutional Law (GTL)
Prescribes
general
plan
or
framework
of
governmental organization
Treats
rights
of
individuals
Prescribes limitations
on
the
power
of
the
government
ADMIN v. CRIM

Administrative Law (P-RE-R)
Gives out plans in its
minutes details.

-

As to source (C-M)
- the law that controls administrative authorities
- the law made by administrative authorities

law

(pertains

Origin and development of Administrative
(RecognitionMultipliedGrowthFusionLaw)
-

-

to
law

Recognition as distinct category of law-Due to
rapid expansion of administrative agencies and
increased functions that substantial body of
jurisprudence has been developed.
Multiplied Government functions
Growth and utilization of administrative agencies
Fusion of Different powers of government in
Administrative Agencies
Law in the Making

Stress upon rights &
emphasizes
government
powers and duties of Citizens
Remedies
for Advantages of Administrative Process
violation of their rights
Administrative Process – includes the whole series of acts
of an administrative agency
whereby the legislative
delegation of a function is made effectual in particular
situations. (S-L-M)

Criminal Law Defines and penalizes crimes while the most
efficient means of enforcing Administrative rule is to give it a
penal sanction but does not deprive such rule of its
administrative character.
ADMIN v. PUBLIC ADMINISTRATION
Public Administration has to do with practical management,
direction of various organs of state, execution of state policies
by the executive and administrative officers entrusted with
such functions

Advantages of Administrative adjudication as compared with
executive action
-uniformity and impersonality of action
-Resort to administrative process as an alternative to
executive action
Limitations upon the powers of courts
-involves discretion with respect to future conduct, hence, will
not be undertaken by the courts.
Trend towards preventive legislation
-flexible and preventive remedies
-Prevention in licensing statutes

wala silang oras hahaha)  Limitations upon exclusively Judicial enforcement -courts vary in their application as laws  Advantages of continuity of attention and clearly allocated responsibility -administrative agencies have the time and facilities to become and continuously informed with unified responsibility for effectuating the broad policies laid down by congress.e. CHAPTER II Quasi-Judicial Power or Adjudicatory powers Definition . in non-judicial matters.enabling powers . OMBUDSMAN. CHR POWERS OF ADMINISTRATIVE AGENCIES Quasi-legislative or Rule Making power a.” “An organ of government. or to initiate formal proceedings TYPES OF ADMINISTRATIVE AGENCIES (OCBRUA) ADMINISTRATIVE AGENCY “A body endowed with quasi-legislative and quasijudicial powers for the purpose of enabling it to carry out the laws entrusted to it for enforcement or execution. GSIS. seeking under the police power to regulate private business and individuals f. GOVERNMENT aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state.) c.by authority of law Purpose -Regulation of private rights for Delegation . other than a court and other than a legislature. which affects the rights of private parties through either adjudication or rule making.directing powers dispensing power summary powers examining powers ADMINISTRATIVE AGENCY Filled with experts in their particular fields Performs variety of functions (primarily regulatory Uses varying degree of discretion without being bound by technical rules of evidence or procedure COURT Presided by one or more jurist learned in law Limited to Judicial function Governed by the fix rules in arriving at decisions (i. NHA) d. Delegation of Internal Management b. v DORR). Performing business service for the public (NFA. seeking to carry on certain functions of government (BIR. COMELEC. CSC. Offering some Gratuity (SSS. LRA.Power to issue administrative rules regulations or general orders which are legally binding and Source .Legislature thru valid delegation  Need for organization to dispose of volume of business to provide the necessary records Criticisms of Administrative process (AL2BDC) -Arbitrariness -lacking Legal knowledge -Bias -lacking Standard rules -Disregard of safeguards -Combination of executive. Source – Legislation Determinative powers of an administrative agency .” Creation and Abolition (CSB) .is the execution.Completeness test / Sufficient standard test public welfare Directly created Administrative Agencies COA.paoloSANMATEO Administrative Law. or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them. delegation of authority to dispose of matters informally.S.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. set up to function in situations wherein government is seeking to regulate businesses affected with public interest (LTFRB) e. Government is the aggregate of authorities which rule a society (US v. functions. and judicial functions  Administration of Government– Administrative officers  Administration of Justice. and duties to its various units or agencies. PAO) b. Rules of Court) Characteritics of Administrative Agencies (S2R-V) -Size -Specialization -Responsibility for results (with a particular statutory end -Variety of administrative duties Four types of Delegation of Function and Authority (IRDF) a. (time is gold. DAR) Administrative Organization -refers to the administrative structure of the government including its political subdivisions and the allocation of powers.Judicial Officers Administration Function . De Leon ©2003  Limitations upon effective legislative action -Administrative functions could not be directly performed by congress. of the law or will of the state as expressed by the competent authority - Page 2 of 9 Organization Group of aggregate of persons in whose hands the reins of the government are for the time being (U. or .Constitution . legislative. DORR). Definition . seeking to adjust individual controversies because of some strong policy involved (NLRC. .Statute. Delegation of authority to dispose of routine matters c. Limitations inherent in legislative process.

paoloSANMATEO Administrative Law. chartered institutions and government owned and controlled corporations Chapter III Nature. Decentralization. POWES and FUNCTIONS of administrative Agencies -functional distribution -to insure capacity to plan -achieve simplicity and efficiency -to reduce free red tape Function-bound to do Power-the means by which a function is fulfilled SOURCE-Legislature thru valid delegation Department shall haves services of: -planning -financial management -administrative service -Technical service -legal service Powers of Administrative Agencies are classified. definite duty arising under conditions admitted or proved to exist. and imposed by law. those under the administrative supervision of the Office of the President. performing a single major function or closely related functions.Policy program development and advisory functions Doctrine of Necessary Implication. general government administration and internal administration) -Presidential Special Assistants/Advisers (consultative services) Those offices under the supervision and control of the President. guidelines plans. inspection Take actions rectification of violations Review and pass upon budget proposals of -review revise. Secretary for requirements of the president to achieve purpose and objectives of the office) -Staff Support System (development and management. ORGANIZATION OF BUREAUS -as to nature (I-Ql-QJ) a. premises. -as to degree of subjective choice(D-M) Discretionary or Ministerial Staff. They can only adjudicate matters coming within their jurisdiction. not placed by law or order creating them under any special department. approve acts and decisions -determine priorities -prescribe Attachment Lateral realtionship between departments Representation -Administrative agencies only exercise such powers as are expressly or by necessary implication conferred on them by law. purpose.is one in respect to which nothing is left to discretion. those attached to it for policy and proper coordination. Compliance to period reposting A. The term includes regulatory agencies. ORGANIZATION DEPARTMENTS Department refers to an executive department created by law. Ministerial. regardless of its name or designation. lantion) . Instrumentality – any agency of the national government not integrated within the department framework vested with special functions or jurisdictions by law. Santiago imposition of fines) in RCPI v NTC hindi naipadala yung sulat haha….quasi-judicial or adjudicatory power Bureau – refers to any subdivision or unit of any department.any agency organized as a non-stock or stock corporation vested with functions relating to public needs whether governmental or propriety in nature and owned by the government directly or through its instrumentalities either wholly or where applicable as in the case of stock corporations to the extent of atleast fifty one ( 51%) of its capital stock/ Majority of its members are government officials holding such membership by appointment or designation. or there is otherwise substantial participation of the government in the selection of the corporations governing board. It includes instrumentality having or assigned the rank of a department. Subject to -restructuring -transfer of functions -transfer agency Page 3 of 9 standards.quasi-legislative or rule-making power c. It is a simple. De Leon ©2003 Organization of the Office of the President (P2ES) Shall consist of -Private Office (personal & family affairs) -Executive Office (Exec.Directly implement programs adopted pursuant to department policies and plans Supervision and Control (ADRDP) -to act directly whenever specific function Administrative Supervision (ORTR) -oversee operations w/o interfering day to day basis -Direct performance duty -require submission of reports.(RCPI v. performance evaluation.Investigatory powers b. -51% -Majority are Government Officials -substatial participation of government Regulating Agencies any agency with jurisdiction to regulate administer. and not controlled by the judgment or conscience of others. Line. and investigate the activities of a person or entities coming under its jurisdiction (Secretary of Justice v. programs Government Owned Controlled Corporation . INVESTIGATORY POWERS Provide general policies through representative -the power of an administrative body to inspect the records and premises and investigate the activities of persons. Discretionary and Ministerial powers Discretionary. adjudicate matters affecting substantial rights & interests of private persons powers by collective body.all powers necessary for the effective exercise of the express powers are deemed impliedly granted.person or persons exercising it may choose which of several courses will be followed. It is based according to the dictates of their own judgment and conscience.

It may not be used either to abridge the authority given by Congress or Constitution. It must be within the scope of the authority given by the legislature. production of documents. 3 Basic principles in initiated by a complaint administrative implementation of the law substantially increases the burden of those governed. Provided.Power to issue administrative rules and regulations or general orders which are legally binding -in the application of the principle of due process. and Contingent – issued upon the happening of a certain contingency which the administrative body is given the discretion to determine or to ascertain and on the basis thereof. Scope and Extent of Powers -must be exercised within the limits prescribed and bear a reasonable and legitimate relationship to the general powers granted REQUISITES OF A VALID ADMINISTRATIVE REGULATION WITH A PENAL SANCTION The law itself must make violation of the administrative regulation punishable. it behooves the agency to accord at least those directly affected a chance to be heard and thereafter to be duly informed. Publication A valid Rule and Regulation duly promulgated by an administrative agency has the force and effect of law. setting forth the policy to be executed by the agency.paoloSANMATEO Administrative Law.when an administrative rule goes beyond merely providing for the means that they can facilitate or render less cumbersome the CLASSIFICATION OF ADMINISTRATIVE REGULATION -Legislative rules are in the nature of subordinate legislation and designed to implement a primary legislation by providing the details thereof.  C.not arbitrary -must declare the legislative policy HUWAG MASYADONG HOT…….15 MINUTES BREAK… -the test of judicial function is not the exercise of judicial discretion. it said that administrative agencies have no legislative power and are precluded from legislating in the strict sense Interpretative regulation . Notice and Hearing Fortune tobacco doctrine. enforce or suspend the operation of a law 2. They usually implement existing law.Said statute fixes a standard. The administrative decision or finding can only be set aside on proof of gross abuse of discretion. Requirement as to records accounts 5. Requiring attendance of witnesses.” 1. A. 3. The regulation must be published. Simply.. The burden is on the complainant to prove his allegations by substantial evidence. before the issuance is given the force and effect of law -A failure to comply with the requirements as to notice and process may result in a failure to acquire such jurisdiction. giving of testimony and production of evidence 6. Their purpose or objective is merely to construe the statute being administered and purport to do no more than interpret the statute.issued by the administrative body as an incident of its power to enforce the law and is intended merely to clarify its provisions for proper observance by the people. what is ought to be safeguarded is not lack of previous notice but the denial of the opportunity to be heard Requisites for validity of Administrative Rules and Regulations (MEMORIZE) Its promulgation must be authorized by the legislature. or to enlarge its power beyond scope intended. imposing general. they try to say what the statute means and refer to no single . Bundalin). It must be promulgated in accordance with the prescribed procedure.   B. circulars) Legislative regulation What may be granted to an administrative agency is rulemaking power to implement the law entrusted to enforce. Hearing (not required) 7. Inspection and examination 4. the essential legislative functions may not be delegated to administrative agencies and in this sense. or otherwise.Statute is complete in itself. investigations 1. or to require the disclosure of information by means of accounts records reports statements. clarify or explain existing statutory regulations under which the administrative body operates.  The law itself must impose and specify the penalty for the violation of the regulation. but the power and authority to adjudicate upon the rights and obligations of the parties before it (Ruperto v. Initiation of investigation 2. (e. Supplementary . mapping out the boundaries of the agency’s authority to which it must not conform  It must be reasonable -must involve public welfare -the method employed must be reasonably related to the purpose of the rule .intended to fill in the details of the law and “to make explicit what is only general. 2. testimony of witnesses. Torres). extra-statutory obligations pursuant to authority properly delegated by Congress and effect a change in existing law or policy which affects individual rights and obligations -Interpretative rules are intended to interpret. The findings of facts made therein are to be respected as long as they are supported by substantial evidence. Application of technical rules of procedure and evidence .g. Conduct of investigation-Private 3. De Leon ©2003 Page 4 of 9 or to secure. Rule-Making Powers  Exception to non-delegation of legislative power (S 2) eto yung sufficient/standard test However. fraud or error of law (Montemayor v. 1.

HALF WAY ALMOST FINISH!!!!!!!!!!!! Take a rest  D.refers to those describing the methods by which the agency will carry out its appointed functions.forbids the reopening of a matter that has been determined by competent authority. and must be used only in the exercise of quasi-judicial function Administrative Due Process.e..Evidence must be substantial 5.may be exercised only if allowed by law and only in connection with the matter they are authorized to investigate 3.not inherent.valid until annulled by the supreme court 2. i.Decision must be based on evidence adduced at the hearing or atleast contained in the records and disclosed to parties 6.. Summary – power to apply compulsion or force against persons or property to effectuate a legal purpose without judicial warrants to authorize such actions.it nullifies the effects of an unconstitutional law by recognizing that the existence of a statute prior to a determination of unconstitutionality is an operative fact and may have consequences which cannot always be ignored. The legislature is presumed to have full knowledge of the contents of the regulations then at time of re-enactment. based on hearsay Operative Fact Doctrine. order of reinstatement of NLRC a. Tribunal must consider the evidence presented 3. Shall state issues and reasons (Ang tibay v. Decisions and orders of administrative agencies. i. Interpret and apply not only administrative regulations but laws entrusted to them. i.the rules and regulations promulgated by the proper administrative agency implementing the law are deemed confirmed and approved by the legislature when said law was re-enacted by later legislation or through codification.orders the doing or performance of particular acts to ensure compliance with the law and are often exercised for corrective purposes. summary abatement of nuisance per se. • Competence to act on a given matter or decide a certain question. The demands of due process are sufficiently met when the parties are given the opportunity to be heard before judgment is rendered. Doctrine of Subordinate Legislation-Power of administrative agency to promulgate rules and regulations on matters of their own specialization Doctrine of Legislative approval by Re-Enactment.the essence of due process in administrative proceedings is the opportunity to explain one’s side or a chance to seek reconsideration of the action or the ruling complained Appeals and Review (administrative) Enforcement of Decision -as provided by law -may be invoke the court for the purpose -by appeal to the force of public opinion • • • Includes the following powers if granted by the enabling act: 1.the essence of administrative due process in administrative proceedings is the opportunity to explain one’s side or seek a reconsideration of the action or Page 5 of 9 ruling complained of. relevant. De Leon ©2003 person or party in particular but concern all those belonging to the same class which may be covered by the said rules. exemptions granted by BIR c.(Lacson v Executive secretary) Administrative Proceedings without need of a hearing (applicable only when it comes to procedural due process) Requirements for administrative cardinal proceedings (Memorize): 1. Administrative Res Judicata. CIR) Quantum of Proof in administrative proceedings is Substantial Evidence. Subpoena Power.Board or judge must act on its or his own independent consideration of facts and law of the case and not simply accept the view of the subordinate in arriving at a decision .e. (Republic v. It is conferred upon it by law. competent) Not substantial evidence if Immaterial. Judicial power is the power to hear try and determine all sorts of cases of law and equity which are brought before courts Two (2) conditions to the proper exercise of quasijudicial power: • 1. ADJUDICATORY POWERS It is the power of an administrative agency to hear and determine or to ascertain facts and decide by the application of rules to ascertained facts. or relieve an individual or a corporation from an affirmative duty. i.e. upon their finality . Contempt Power-must be expressly granted.and 7. Implied Power to prescribe rules of procedure. rendered pursuant to their quasi-judicial authority have. issuance of license by LTO 2. Decision must be rendered in such manner that parties to controversy can know various issues involved and the reason for the decision rendered. Jurisdiction must be properly acquired by the administrative body.such relevant evidence that a reasonable mind might accept as adequate to support a conclusion (material.e.e.Directing. Contempt Power 2. Drugmakers) Procedural Rules. the attendance of witnesses compelling their testimony. Rules of Procedure • Subpoena Power. Dispensing – to relax the general operation of a law or to exempt from general prohibition. Other powers and functions (LFI) . exemtions granted by BIR b. and to submit any evidence a party may have in support of his defense.Decision must have something to support itself 4. Right to Hearing 2. Examining –also called investigatory power consists in requiring production of documents. Enabling –permits the doing of an act which the law undertakes to regulate and which would be unlawful without government approval. i. Due process must be observed in the conduct of the proceedings (NAE) Notice and Hearing. irrelevant. -Contingent rules are those issued by an administrative authority based on the existence of certain facts or things upon which the enforcement of the law depends. the force and binding effect of a final judgment within the purview of the doctrine of res Judicata (applies only to judicial and Quasi-judicial proceedings not to purely administrative functions) CLASSIFICATION OF ADJUDICATORY POWERS 1.paoloSANMATEO Administrative Law.

must be reasonable and just Page 6 of 9 3. When administrative fact finding body is unduly restricted by an error of law -Where. & mixed. Judicial review of an administrative decision may be appealed to courts of justice only if the constitution or the law permits it or if the issues to be reviewed only involve questions of law. may grant another 15 days .a certain degree of blending or admixture of the three powers of government. is well recognized. and entitled to be furnished a record of proceedings Administrative agencies can be empowered to provisionally approve rates of public utilities even without a hearing or exparte -Administrative proceedings not bound by technical rules of procedure. the legislative executive and judicial. precluding one branch of the government from exercising or invading powers of another .Fixing rates and charges 1. -Administrative determinations are subject to reconsideration and changes so long as no rights have vested in the meantime by reason thereof. and judicial powers to the judiciary. as a matter of practical administrative procedure. Filing of a charge or complaint CHAPTER VI JUDICIAL REVIEW (last part promise…… FOCUS ON DOCTRINES-Galingan magdistinguish) Administrative Decisions may be appealed to the Court of Justice if allowed : By the Constitution By law where the question to be reviewed is a question of law. and broadly operates to confine legislative powers to the legislature. law.declares that governmental powers are divided among the three departments of the government.to determine questions of fact a. C.INVESTIGATIVE Administrative agencies can be authorized to make investigations for a limited purpose which is to obtain information on which the future action of a legislative or judicial nature may be taken.Commission of abuse of authority c. the law may provide that a determination made by an administrative agency shall be final and not reviewable. or complaint INVESTIGATION HEARINGS Investigation by government In hearings there are parties officials. suspending.Quasi-Judicial Function. when.rates should not be confiscatory b. how to appeal. to delegate a particular function(Realty venture v. which may be held in and issues of law and of fact private are informal to be tried and at the proceedings to obtain conclusion of the hearing. Thus. participate in the hearing. Quasi-Legislative function. have no parties. motion. has been held to be an adequate source of authority. B. Licensing enabling or approving -action of administrative agency denying. Indeed under the expanded jurisdiction of the Supreme Court it is empowered to determine whether or not there has been grave abuse of discretion amounting to lack or in excess of jurisdiction on the part of the branch of instrumentality of the government Review when made: (VJQ2) 1. to Court of Appeals within 15 days from notice of final order or publication. particularly in administrative agencies. Sendino) Exception to Doctrine: -in administrative agencies -delegation of tariff powers & emergency powers CHAPTER V ADMINISTRATIVE PROCEEDINGS (inulit lang din hahaha aralin ang first 1-3 kasi yung 4 and 5 chapters eh nadiscuss na) Institution of Administrative proceedings (EFO) 1. Only one motion for reconsideration shall be allowed.the rates are meant to apply to all enterprises of a given kind throughout the country (prior notice and hearing not required) 2.involving Questions of fact.to determine any other questions of law 4. or where the powers of the administrative authorities are continuing in character. -The power conferred upon an administrative agency to issue rules and regulations necessary to carry out its functions as a regulatory body.To determine jurisdiction of administrative board or commission or officer 3. Except when the Constitution requires or allows.rates apply exclusively to a particular party. CHAPTER IV Separation of Administrative and other Powers (inulit lang yung iba!! NAKAKATAMAD na kung ilalagay ko pa) Doctrine of Separation of powers. It should be remembered that quasi-judicial powers will always be subject to true judicial power that which is held by the courts. and affect the rights of the are not proceedings in which parties. information to govern future action is taken which may actions. -Administrative Agency as a collegiate body. The powers and duties of an administrative agency or board composed of members or commissioners may not be exercised by the individual members separately. a license permit is purely administrative but quasi-judicial or adjudicatory since it is dependent upon the ascertainment of facts by administrative agency upon which a decision is to be made and rights and liabilities determined. granting. executive powers to the executive. should provide reasonable return on investments c. De Leon ©2003 A. EX parte applications 2. judicial review may be granted or withheld as congress chooses. and so long as they have not passed the control of administrative authorities. the vesting of judicial officers with non-judicial functions as well as the investing of nonjudicial officers with judicial powers. Constitutionality or jurisdiction b. as where the determinations are not final but interlocutory. Doctrine of Non-Delegation of Powers-prohibits the delegation of legislative power.under other statues particular administrative agencies may institute proceedings on their own initiative. revoking. based upon a finding of fact (notice and hearing required) Factors to consider in rate fixing a. In such a case there is no violation of due process.to determine validity or constitutionality of any executive order or regulation 2. and parties are action is taken against anyone entitled to be present in person and by counsel.paoloSANMATEO Administrative Law.

Cause of Action -complainant has a right -acts/ ommissions by defendant -violation of defendant Issues involve questions of law. Attain uniformity of application of regulatory laws. no judicial recourse can be made until all such remedies have been availed of and exhausted. where the question demands the exercise of sound discretion requiring the special knowledge. or capriciousness is manifest 6. or even against legislative prohibition General Rule: Factual findings of administrative agencies are accorded great weight and the courts are precluded from reviewing them. QUESTION OF FACT The doubt or difference arises as to the truth or falsehood of the alleged facts The extent and manner of judicial review lies in the discretion of the legislature QUESTION OF LAW The doubt or difference arises to what the law is on a certain state of facts May be appealed to the courts of justice independently of legislative permission. and there can usually be no irreparable harm. contrary to specific prohibition in the statute governing the agency and thus operating as a deprivation of a right assured by the statute.paoloSANMATEO Administrative Law. arbitrariness. BRANDEIS Doctrine of Assimilation of Facts (mixed Question of Law and Fact). It is only after Judicial review is no longer premature that a court may ascertain in proper cases whether the administrative action or findings are not in violation of law or are free from fraud or imposition or find substantial support from the evidence.when expressly allowed by statute 7.The administrative process must continue up to the highest level before resort to judicial tribunals may be sought. Administrative Res Judicata (Pinakamatinding notes na nagmula kay sir) -Final judgment (judgment disposing all issues) -Court has Jurisdiction (Subject matter & parties) -Judgment on the merits -Identity of parties/Subject matter -Specialized administrative boards or commissions with the special knowledge. experience and capability shall hear and determine promptly disputes on technical matters or essentially factual matters. Grave abuse of discretion.Error in appreciation of the pleadings and in the interpretation of the documentary evidence presented by the parties Exceptions to doctrine of finality a. . the objective of the doctrine is to guide a court in determining whether it should refrain or not from exercising its jurisdiction. DOCTRINE OF FINALITY OF ADMINISTRATIVE ACTION. -the Doctrine applies only where the administrative agency exercises its adjudicatory function. Palpable errors are committed 5. in order to decide the legal question. Chinese General Hospital). Findings are vitiated by fraud. FINAL JUDGMENT One that finally disposes of a case leaving nothing more to be done by the court in respect thereto. Strictly speaking. when it is essential to the protection of the rights asserted from the injury threatened d. power has not been fully and finally exercised.Procedure which led to factual findings is irregular 4. the Court will. Purpose: 1. -an administrative decision must be appealed to the administrative superior up to the highest level before elevating it to the court of review (Philhealth v. INTERLOCUTORY Refers to something intervening between the commencement and the end of a suit which decides some point on matter but is not a final decision of the whole controversy Courts are reluctant to interfere with action of an administrative agency prior to its completion or finality. to grant relief to preserve the status quo pending further action by the administrative agency c.where what purports to be a finding upon a question of fact is so involved with and dependent upon a question of law as to be in substance and effect a decision on the latter. where such order is not reviewable in any other way and the complainant will suffer great and obvious damage if the order is carried out f. the reason being that absent a final order or decision. subject to judicial review in case of grave abuse of discretion . -In judicial review it is sufficient that administrative findings of fact are supported by evidence -Substantial evidence is all that is needed to support an administrative finding. Factual findings not supported by evidence 2. -Judicial process is suspended pending referral of such issues to an administrative body. take full advantage of administrative expertness 2. Exceptions (P2 JI) Purely question of law . prior resort to an agency should be limited to questions of fact and questions requiring the skills of administrative specialists. to an order made in excess or power. to an interlocutory order affecting merits of a controversy b. examine the entire record including the evidence if necessary. where an administrative officer assumes to act in violation of the constitution and other laws e.be that as it may.No resort to Courts will be allowed unless administrative action has been completed and there is nothing left to be done in administrative structure -A party aggrieved must not merely initiate the prescribed administrative procedure to obtain relief but also must pursue it to its appropriate conclusion  DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES-whenever there is an available administrative remedy provided by law.The Regional Trial Court has no authority to make determinations at the first instance on matters referred by law to a specialized administrative body. experience and services of the administrative tribunal to determine technical and intricate matters.the courts cannot and will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal. the original copy of petition intended for the CA shall be indicated as such by petitioner) except for the most compelling reasons another 15 days extension. DOCTRINE OF PRIMARY ADMINISTRATIVE JURISDICTION (Doctrine of prior resort). De Leon ©2003 Page 7 of 9 extension if Petition for Review(filed in 7 legible copies with proof of service to the adverse party and or the court or agency a quo.. imposition or collusion 3. Exceptions: (EVP2GSE) 1.

speedy. when it would amount to nullification of a claim 9. moot academic 14. when repondent is a department secretary whose acts as an alter ego of the president bears the implied and assumed approval of the latter 7. speedy. involves strong public interest 15. Administrative agencies are not courts. and are free from fraud or imposition. Judicial review of administrative cases is usually effected through special civil actions which are available only if there is no other plain.Courts should refrain from disturbing the findings of administrative bodies in deference to the doctrine of separation of powers 3. Exhaustion of administrative remedies is applicable when there is competence on the part of the administrative body to act on the matter complained of. when there is violation of due process 2.trustor/benefactor(people) 2. and adequate remedy. De Leon ©2003    act complained of is patently illegal. Reasons for the Doctrine 1.to enable thee administrative superiors to correct the errors are committed by their subordinates 2. adequate. authority and duty created and conferred by law by which for a given period either fixed by law or enduring at the pleasure of the appointing power. resulting to its dismissal -precludes action of replevin to recover a movable property which is the subject matter of administrative forfeiture Exceptions (marami to e kung naaalala mo) 1.beneficiary(common good) Is the right. when the subject matter is a private land in land case proceedings 10.does not import trial de novo (review all evidence) but only an ascertainment of whether the administrative findings are not in violation of the Constitution or of the laws. Questions reviewable  Question of fact  Question of law Page 8 of 9 The claim or matter is cognizable in the first instance by an administrative agency The purpose of the rule is to control the timing of judicial relief from adjudicative action of an agency Applicability: The principle applies only where the act of the administrative agency was performed pursuant to its quasijudicial function and NOT when it pertains to its quasilegislative power. remedy 11. and whether they find reasonable support in evidence PUBLIC OFFICE-is a public trust Actors 1. when there are circumstances indicating the urgency of judicial intervention 12. when no administrative review is provided by law 13. neither are they part of judicial system nor they are deemed judicial tribunals. when the rule does not provide a plain.Right authority Duty -conferred by law -tenure fixed/pleasured the appointing Person/Individual -for the benefit of the people -some sovereign function PUBLIC OFFICERS(PASEM) -Public trust -Accountability -Serve utmost responsibility integrity loyalty -efficiency -modest life Public officers-vested with some sovereign power Public Employee-contract/Public officer Created by law Presumption of regularity of official acts . an individual is invested with some portion of the sovereign functions of the government to be exercised by him for the benefit of the public . as an original matter rather than a matter of review The claim or matter is cognizable by both the court and administrative agency Not concerned with judicial review but determines in some instances whether initial action should be taken by a court or administrative agency DOCTRINE OF RIPENESS FOR JUDICAL REVIEW-this determines the point at which the courts may review administrative action except that the former applies to administrative action other than adjudication RIPENESS DOCTRINE EXHAUSTION DOCTRINE Focus upon the nature of Focus on relatively narrow judicial process-upon the question of whether a party types of functions the courts should be required to pursue should perform an administrative remedy before goint to court Applied to rule making not Applied to adjudicative action involving rule making and of an administrative agency adjudication RIPENESS DOCTRINE Determines at what stage a party may secure judicial review of administrative action Arise whenever judicial review is available PRIMARY JURISDICTION Determines whether the court or the agency should make the initial decision Arise only ehwn administrative and judicial jurisdictions are concurrent for the initial decision of some questions Judicial Review does not warrant trial de novo. Courts should not be saddled with the review of administrative cases 4. urgent need for judicial intervention Irreparable injury will be suffered.trustee(Govt) 3. when there is estoppel on the part of the administrative agency 5. when the administrative action is patently illegal amounting to lack or excess of jurisdiction 4.paoloSANMATEO Administrative Law. when to require exhaustion of administrative remedies would be unreasonable 8. Effects of failure to exhaust administrative remedies -Court lacks Jurisdiction for lack of cause of action. Writ of amparo cases EXHAUSTION OF ADMINISTRATIVE REMEDIES The administrative agency has authority to pass on every question raised by a person resorting to judicial relief and enables court to withhold its aid entirely until the administrative remedies had been exhausted PRIMARY JURISDICTION Both court and administrative agency have jurisdiction to pass on a question when a particular case is presented to court. when there is irreparable injury 6. when the issue involved is purely legal question 3.

paoloSANMATEO Administrative Law. the bare allegation that a public officer acted with malice on prejudice cannot be sustained(you can present the proof) Page 9 of 9 Public Official Officer of the Government itself as distinguished from the officers and employees of instrumentalities of the government(works with department framework) . De Leon ©2003 -absent of clear and convincing proof.