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A. Quasi-Legislative Power or Rule
1. Kinds of Administrative
Rules and Regulations
2. Requisites of Validity
B. Quasi-Judicial or Adjudicatory
1. Administrative Due Process
2. Administrative Appeal and
3. Administrative Res Judicata
C. Fact-Finding,
Licensing, Rate-Fixing Powers
1. Doctrine of Primary Administrative
2. Doctrine
Administrative Remedies
3. Doctrine
Administrative Action

Administrative Law
That branch of modern law under which the
executive department of the government, acting in a
quasi-legislative or quasi-judicial capacity, interferes
with the conduct of the individual for the purpose of
promoting the well-being of the community, as
under laws regulating public interest, professions,
trades and callings, rates and prices, laws for the
protection of public health and safety, and the
promotion of public convenience. (Dean Roscoe
That branch of public law which fixes the
organization and determines the competence of
administrative authorities and indicates to the
individual remedies for the violation of his rights

The origin of Administrative Law in
EXPEDIENCY. The result of the pervasive
prolixity of the modern age and increasing
difficulties confronting the government needs the
obvious solution of DELEGATION OF POWER.
Thus, hesitantly at first but later even with alacrity,
the legislature began authorizing certain specialized
bodies to lay down rules and regulations within its
jurisdiction. In this manner, the legislature can
concentrate on matters of national or greater
Sources of administrative law
1. Constitutional or statutory enactments
creating administrative bodies. (providing
the functions, structures, powers)
Eg. Social Security Act creating the SSS,
Admin code
2. Decisions of courts interpreting the charters
of administrative bodies and defining their
powers, rights, inhibitions, among others,
and the effects of their determinations and
e.g. SC decisions
3. Rules and regulations issued by the
administrative bodies in pursuance of the
purposes for which they were created.
Eg. Omnibus Rules Implementing Labor
4. Determinations and orders of the
administrative bodies in the settlement of
controversies arising in their respective
Eg. Adjudications of admin agencies in the
exercise of their quasi-judicial power,
awards by NLRC regarding money claims.
Administration in 2 senses

1. As an institution = aggregate of individuals
in whose hands the reins of government are
for the time being. Refers to persons who
actually run the government.
2. As a function = actual running of the
government by the executive authorities
through the enforcement of laws and the
implementation of policies.
Government = agency or instrumentality
through which the will of the State is
formulated, expressed and realized.
Administration as an activity

Department – an executive department created by
law, which includes any instrumentality as herein
defined, having or assigned the rank of a
department, regardless of its name or designation
Bureau – any principal subdivision of the
department It includes any principal subdivision or
unit of any instrumentality given or assigned the
rank of a bureau, regardless of actual name or
designation, as in the case of department wide
regional offices.

1. Internal = rules defining the relations of
public functionaries inter se (among
themselves) It consists of rules prescribing
work assignments or job descriptions etc.,
imposed by the superior in said office upon
his subordinates

Any major functional unit of a department
or bureau including regional offices. It may also
refer to any position held or occupied by individual
persons, whose functions are defined by law or

The organ of government, other than a court
and other than a legislature, which affects the rights
of private parties either through adjudication or rulemaking. (Nachura)

Attached agency – has larger measure of
independence and is attached only for supervision
and control only for policy and program

Agency – any of the various units of the
government, including a department, bureau, office,
instrumentality, or GOCC, of a local government or
a distinct unit therein.


Attachment – the lateral relationship between the
department or its equivalent and the attached agency
2. External = defines the relations of the
or corporation for purposes of policy and program
public office with the public in general. The
coordination The coordination may be accomplished
rules prescribed are for the observance by
by having the department represented in the
those who have dealings with said office.
governing board of the attached agency or
Administration compared with Law
corporation, either as chairman or as a member, with
or without voting rights if this is permitted by the
charter; having the attached corporation or agency
a system
Has sympathetic regard for the individual and seeks Concerned
to of
its periodic
mandate reporting
and not which
and projects;
to spare him from punishment
with the circumstances or excuses of the violator.
having the department or its equivalent provide
general policies through its representative in the
board, which shall serve as the framework for the
internal policies of the attached corporation or

Agency organized as stock or non-stock
corporation vested with functions relating to public

it has a judicial character as when it decides factual and even legal questions. administering special funds. Proprietary = to obtain special corporate benefits or earn pecuniary benefit. vested with special functions or jurisdiction of the law. endowed with corporate powers. and GOCC E. Control NATURE May be regarded as an arm of the legislature because it is authorized to promulgate rules that have the force of law by virtue of a valid delegation of legislative power As a court. administer or adjudicate matters affecting substantial rights and interest of private persons. bureau office. functions and responsibilities with respect to such corporations. monetary authority of the state. CSC. Creation and abolition Administrative bodies may be created by the Constitution or by statute. GOCC with special charters Are government corporations subject to its provisions and its employees are under the jurisdiction of the CSC Administrative agency Body endowed with quasi-legislative and quasi-judicial powers for the purpose of enabling it to carry out the laws it is entrusted to enforce Agency (EO292) Includes any department. or council. privilege. and adjudicate cases. Inc. and officials in the exercise of disciplinary power as provided by law. Attachment of an agency to a department 2. If created by statute. Government Instrumentality Any agency of the national government. Governmental = in the interest of health. the principal powers of which are exercised by a collective body such as a commission. It includes regulatory agencies. safety and for the advancement of public good and welfare. commission. Regulatory institutions and GOCCs. it can be altered or abolished only by the constitutional amendment. not integrated within the department framework. grant rights or privileges. . COA for purposes of the exercise and discharge of their respective powers. chartered a. authority or officer of the national government authorized by law or executive order to make rules. b. the legislature that breathe life into it can amend or even repeal its charter. issue licenses. state universities and colleges. Three Administrative Relationships 1. enjoying operational autonomy through a charter. Supervision 3. chartered institutions. occupation or business. research institutions with respect to licensing functions. government corporations with respect to functions regulating private right. If created by the Constitution.needs whether governmental or proprietary in nature. board. owned by the government directly or through its instrumentalities either wholly or to atleast 51% capital stock in stock corporation: Provided that GOCC may be further categorized by the DOB. agencies. affecting public in general. Chartered institution Agency organized or operating under a special charter vested with functions relating to specific constitutional policies or objectives. Regulatory agency Agency vested with jurisdiction to regulate.g.

The details of carrying them out are left to admin agency to enforce. 3. grant or special privileges (veterans) 2. but must remain consistent with the law they seek to apply and implement. CHAPTER 3 POWERS OF ADMINISTRATIVE AGENCIES CLASSIFICATIONS (Quasi legislative. MMDA) 2. Santiago) Rules and regulations have the force of law and courts will take judicial notice Administrative regulations cannot extend the law or amend legislative enactments BUT must be in harmony with the provisions of law (Land Bank vs CA) It must not override. purposes. bound to obey and implement the legislative will. the legislature which breathe life can amend. remedies and sanctions intended by the legislature in general terms. Constitutional provisions= hence. Those carrying certain the actual business of govt (customs) 3. Quasi-legislative The power to make rules and regulations which results in delegated legislation that is within the confines of the granting statute and the doctrine of non-delegability and separation of powers (Holy Spirit Homeowners Association vs. resulting in its abolition (PRC. quasi judicial and determinative) 1. NLRC. COMELEC.1. repeal. The courts of justice. The statute express the policies. objectives. Those regulating business affected with public interest (ltfrb) 5. these may be reviewed and nullified by courts if not in compliance with the requisites for their validity. Administrative agency pertains to the executive department and so comes under the constitutional control of the president. RELATION TO REGULAR DEPARTMENTS 1. . when it does not have discretion to determine what the law shall be but merely prescribes details for the enforcement of the law. Those which make the government a private party (gsis) ADVANTAGES AGENCIES OF ADMINISTRATIVE Specialized training and experience. Those performing some business service for the public 4. On its rule making authority. Statute = therefore. Those which adjusts individual controversy because of social policy (nlrc) 7. SEC) 3. Those regulating private business and individuals under police power (sec) 6. as a matter of policy. However. not to supplant nor modify (CIR vs CA) a. COA. Authority of law CRITERION: A body or agency is administrative where its function is primarily regulatory even if it conducts hearings and determines controversies. They are intended to carry out. Those which offer some gratuity. review administrative adjudications only as a last resort and usually when questions of law are involved. it has the force of law and entitled to great respect. The administrative body acts as an agent of the law-making body. Hence. it can only be abolished by the constitutional amendment (CSC. CLASSIFICATIONS OF ADMINISTRATIVE BODIES 1. and adaptability to change and ease in reacting to emergency situations. 2.

Kinds of Administrative Rules or Regulations    Supplementary or detailed legislation – fixes details in the execution and enforcement of a policy Interpretative legislation – contrues and interprets the provisions of a statute to be enforced and they are binding until they are changed. it becomes quasi-judicial.b. (BIR circulars) Contingent legislation – rules and regulations made by an administrative authority on the existence of certain acts or things upon which the enforcement of the law depends. Eg. Quasi-judicial a. It investigate facts. e. draw conclusions. Power of administrative adjudicatory power. 4) Publication in the OG or newspaper of general circulation (letters of instruction need not be published but may be posted in a conspicuous place. Permits the body to promulgate rules to carry out the provisions of particular law c. It performs in a judicial manner an act which is essentially of an executive. c. Q: What is the difference between Legislative power and the power to issue administrative rules and regulations? . The power to hear and determine questions of fact to which the legislative policy is to apply. The regulation must be germane to the objects and purposes of the law e. where the power to act in such manner is incidental to or reasonably necessary for the performance of an executive or admin duty. Power to make rules and regulations which results in delegated legislation within the confines of the granting stature and doctrine of non-delegability and separability of powers d.) Administrative requirements: with penal sanctions 1) The law must itself declare as punishable the violation of the administrative rule or regulation 2) The law should define or fix the penalty Necessity of notice and hearing GR: No constitutional requirement for a hearing in promulgation of a general regulation nor notice of merely legal opinion EXN: Administrative rule in the nature of subordinate legislation designed to implement a law by providing its details must have a hearing. hold hearings. When an administrative agency is called upon to resolve issues or contest. Prescribing rates 1) If made in legislative function – notice and hearing is not a requirement 2) If made in a quasi-judicial function – notice and hearing are essential. Requisites for valid Legislative power: execise of Quasi- 1) Issued under authority of law 2) Within the scope and purview of law – cannot extend or expand its coverage but may Fill in the details 3) Reasonable. weigh evidence. Must conform to the provisions of the enabling statute. b. The rules and regulations promulgated must be within the scope of authority given. Enables the administrative body to resolve factual and legal questions incidental to the primary enforcement of the law d. f. 2.

Q: Why is there a trend of delegating legislative power? A: Because of the growing complexity of modern life. maps out its boundaries and specifies the public agency to apply it. Legislative power = the discretion to determine what the law shall be is exclusively legislative and cannot be delegated. and even corruption. the franchise being merely a privilege emanating from the sovereign power of the state and owing its existence to a grant. the options are apparently boundless. There is no limitation to be observed. public welfare. simplicity. specify the conditions under which it is to be implemented. is subject to regulation by the state by virtue of its police power through its administrative agencies. Difference between: Judicial process Focuses on the question of law and the Executive acts last Quasi-judicial power Executive acts first. laden with perilous opportunities for partiality and abuse. it will have nothing to do but to enforce it. Q: Is the franchise subject to state? regulation by the A: Yes. marks its limits. Q: Is there a standard/specific formula for the administrative officials imposed by the legislature to follow? A: No. TEST OF DELEGATION 1. Q: What is the source of the power to promulgate admin regulations? A: The legislature. the increase in difficulty of administering the law. . by virtue of a valid delegation. COMPLETENESS TEST = the law must be complete in all its terms and conditions when it leaves the legislature so that when it reaches the delegate. The main function is the enforcement of the law. economy and efficiency. YNOT VS IAC = “may see fit” . Eg. which includes the discretion to determine how the law shall be enforced.A: Admin rules = only to carry the legislative policy. and multiplication of subjects of governmental regulation. the tendency is to be more liberal in permitting the grant of discretion to the admin officials.. Sufficient standard is one which defines legislative policy. and towards the approval of the practice by the courts. Public interest. the law must be: 1. subject to judicial review which is last. and if warranted. (Leaving gaps may give rise to the opportunity to legislate) 2. since standards tend to limit the discretion which makes it arbitrary and unrealistic. announce the legislative policy. PELAEZ VS AUDITOR GENERAL = to forestall a violation of the principle of separation of powers. QUASI JUDICIAL POWER 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 extremely generous and dangerous condition. SUFFICIENT STANDARD = specify the limits of the delegate’s authority. As defined. To fix a standard = the limits which the delegate must conform in the performance of his functions. Complete in itself 2.

papers and records e. (eg. POWER OF SUBORDINATE LEGISLATION Kinds of Administrative Regulations 1. quarantine powers. designed to implement a primary legislation by providing the details thereof. to approve the bylaws . EXERCISE OF POWERS Ministerial. 2. confiscation of prohibited articles) 3) Examining= to inspect the records and premises and investigate the activities of persons or entities coming under its jurisdiction. The justification for the grant is the power needed to enable the administrative officers to perform their executive duties. Hearings 2. Swearing in of witnesses c. Legislative rules or regulations . Inspection of premises g. Requiring periodic or special reports i. 3. of force upon persons or things without the necessity of previous judicial warrant (padlocking. Punish contempt (all these are justified by the need of information to enable them to carry the power to investigate. Legislative rule – is in the matter of subordinate legislation. Interpretative rule – is designed to provide guidelines to the law which the administrative agency is in charge of enforcing. Determinative powers = to better enable the administrative body to exercise quasi-judicial authority a. Examining power likewise allows 1. Interrogation d.These are accorded by the courts or by express provision of stature the force and effect of . Calling for production of books. Requiring the filing of statements. Issuance of subpoena b. DENR to require the use of certain chemicals. Issue writs of preliminary injunction 3. DOT to install safety devices. CHAPTER 4 QUASI-LEGISLATIVE POWER Intended to enable it to implement the policy of the law and to provide for the more effective enforcement of its provisions. Issuance of licenses to engage in particular business. a. to allow public exhibition of a movie) b. Requiring written answers to questionnaires h. NLRC to reinstate illegally dismissed employees) 1) Dispensing= allows the admin officer to relax the general operation of law or exempt from the performance of a general duty 2) Summary= the use by admin authorities. Requiring that books papers and records be made available for inspection f.SOURCES OF QUASI-JUDICIAL POWER Vested in the administrative body often conferred by the legislature through specific provisions in the charter of the agency. Directing powers= doing or performing of particular acts to ensure compliance with the law and are often exercised for corrective purposes (eg. Enabling powers =those that permit the doing of an act which the law undertakes to regulate and which would be unlawful without government approval. meaning no judgment or discretion is required or allowed in their exercise.

4. These are issued by 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. not supplant or modify. Gatmaitan SC held that the Secretary of Agriculture has authority to regulate or ban fishing by trawl. but conform to the standards that the law prescribes Araneta vs. have the force of law are entitled to great respect and have in their favor a presumption of legality. then the President of the Philippines may exercise the same power and authority because the Chief Executive have control over all the executive departments. immediately upon going into effect. applying or suspending the law.Those which purport to do no more than interpret the stature being administered to say what it means. II. REQUISITES REGULATIONS OF ADMINISTRATIVE a) Its promulgation must be authorized by the legislature b) It must be within the scope of the authority given by the legislature c) It must be promulgated in accordance with the prescribed procedure d) It must be reasonable. for putting in effect. An administrative agency cannot amend an act of Congress. Cruz vs. Rule: Administrative regulations and policies enacted by administrative bodies to interpret the law which they are entrusted to enforce. which had caused a rinderpest epidemic. Its purpose is to enlarge upon a stature. The law cannot be amended by a mere regulation. subject only to the standards fixed therein. it was improper and highly irregular for the COMELEC to have used the word “shall” in its rules . the regulation must not be in contravention with. Two classifications of Legislative regulation I. bureaus or offices. to ensure its effective enforcement in accordance with the legislative will Contingent regulation – issued upon the happening of a certain contingency which the administrative body is given the discretion to determine or to ascertain some circumstances on which the law makes its own action depend. Administrative rules and regulations are intended to carry out. It must be within the scope of the authority given by the legislature The regulation that is promulgated must not be ultra vires or beyond the limits of the authority conferred. Supplementary regulation – intended to fill in the details of the law and to make explicit what is only general. but authorizing to lift the prohibition if there was no longer any threat of contagion from cattle. Greco vs COMELEC It was held that when since the Rules of Procedure used the word “may”. These are issued by the administrative body pursuant to a valid delegation of legislative power and is intended to have a binding force and effect of a law enacted by the legislature. These are issued by an administrative body pursuant to a valid delegation of legislative power and is intended to have the binding force and effect of a law enacted by the legislative itself. Promulgation authorized by the legislature Is usually conferred by the charter itself of the administrative body or by the law it is supposed to enforce. Youngbert A law prohibits the importation of cattle. Interpretative regulations . the law.

federation. Administrative issuances must not override but must remain consistent and in harmony with the law they seek to apply and implement. being an association. Philippine Interisland shipping Association of the Philippines vs CA SC held that the fixing of rates is essentially a legislative power. But where the regulation is in effect a settlement of a controversy. Does the President’s power of general supervision extend to the liga ng mga barangay? Yes. If it goes beyond merely providing for the means that can facilitate or render less cumbersome the implementation of he law and substantially increases the burden of those governed. since it was neither poisonous nor obnoxious nor was it a substance but a form of energy. . but must be conferred under statutory or constitutional language that is free from doubt. as the President did by EO 1088. Liga is a government organization. As such these could only be amended or revised by law. administrative rules and regulations must be issued by authority of a law and must not contravene the provisions of the constitution. Quasi-Legislative power is exercised by administrative agencies through the promulgation of rules and regulations within the confine of the granting statures and the doctrine of non-delegation of powers. promulgated by it in the exercise of delegated power. It must be promulgated in accordance with the prescribed procedure GR: The promulgation of administrative regulations of general application does not require previous notice and hearing EXN: Where the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an appropriate investigation. Administrative agency cannot use the rule-making power to enlarge the power. beyond the scope intended. Bito-onon vs Fernandez SC held that the LIGA. The power to fix prices and make rates cannot be conferred by implication. it behooves the agency ot accord the least to those directly affected by a chance to be heard and be informed. to be valid. rates of public utilities without a hearing but such cannot be considered as one of the powers that the legislature intended ERC to possess. it will require notice and hearing. The orders issued by the PPA were in the nature of subordinate legislation.People vs Maceren The Secretary of Agriclulture exceeded the powers conferred upon him since the Fishing Law did not prohibit fishing by electricity. when demanded by urgent public need. Freedom from Debt Coalition An administrative agency may be empowered to approve. league or union created by law or by authority of law whose members are either appointed or elected government officials. although strictly not a LGU is subject to the President’s power of general supervision. provisionally. Baustista vs Juinio Prohibition of private extra heavy and heavy vehicles from using public streets on weekends and holidays but annulled as ultra vires the administrative regulation of impounding offending vehicles as the penalty imposed by the law was only a fine and suspension of registration. Fundamental Rule Administrative law is that.

The regulation must be published. PENAL REGULATIONS The power to define and punish crime is exclusively legislative and may not be delegated to the administrative authorities. This may be effected through judicial . The law itself must impose and specify the penalty for the violation of the regulation 3. The law may also require a special publication. Publication GR: Publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the law (general application and penal in nature) EXN: Interpretative regulations. Administrative Code also provides for Public Participation a. Construction and interpretation The regulation should be read in harmony with the stature and not in violation of the authority conferred on the administrative authorities. the rules on contested cases shall be observed. The usual 15 day period required for the effectivity of said law is reckoned not from the date or printed date 1. or those so called LOI to be followed by their subordinates in the performance of their duties. administrative rules and regulations operate prospectively only. those merely internal in nature. The agency shall publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption b. It must be reasonable It must not be unreasonable or arbitrary as to violate due process. The regulation must involve the public welfare and the method employed must be reasonably related to the purposes of the rule. 3. If opposed. In addition.before the issuance is given the force and effect of law. “shall take effect after their publication once a week for three consecutive weeks in a newspaper of general circulation. It must secure the end in view. In the fixing of rates. the administrative Code provides that “every agency shall file with the UP Law Center 3 certified true copies of every rule adopted by it. The law itself must make violation of the administrative regulation punishable 2. Violation of administrative regulation cannot give rise to criminal prosecution unless the legislature makes such violation punishable and imposes the corresponding sanctions. 2. US vs Panlilio Punishing the transport of quarantined animals without the permission of the Secretary of Agriculture was held invalid for lack of statutory basis. no rule shall be valid unless the proposed rates have been published in a newspaper of general circulation atleast 2 weeks before the first hearing c. UNLESS the legislative intent to the contrary is manifest by express terms or by necessary implication. Special requisites of a valid administrative regulation with a penal sanction are: 1. Administrative issuances which are not published or filed with National Administrative Register are ineffective and may not be enforced. PRINCIPLE: Statutes. ENFORCEMENT The power to promulgate administrative regulations carries with it the implied power to enforce them.

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 Power of adjudication – agency process for the formulation of a final order. Jurisdiction The competence of an office or body to act on a given matter or decide a certain question. Lubrica “Darab is co-equal with RTC. Quasi-judicial – refers to the action. permit. Due process must be observed in the conduct of proceedings. franchise or certificate of public convenience and necessity is quasi-judicial since it is dependent upon ascertainment of facts by the administrative agency upon which a decision is to be made and rights and liabilities determined” DARAB vs. The final arbiter of all issues is vested in the courts. each being co-equal and coordinate and supreme in its own sphere. the authority to hear and determine a class of cases within the DAR’s competence and field of expertise Requisites/conditions in the proper exercise of quasi-judicial power 1. Jurisdiction must be properly acquired by the administrative body 2. quasi-judicial or administrative bodies” SIR: “CA does not disturb findings of quasi-judicial bodies” Admin agencies are not part of the courts or judicial system. SAñADO v. Land Bank of the Philippines vs. Sec. To enforce includes the power to issue opinions and rulings to enable the administrative agency to properly execute said regulations. The legislative grant of adjudicatory powers is limited and special. discretion or officers who are required to investigate facts. Lack of jurisdiction renders judgment null and void and may be subject to collateral attack. CHAPTER 5 QUASI-JUDICIAL POWER Quasi-judicial power – power of admin agency to determine questions of fact to which the legislative policy is to apply in accordance with the standards laid down by the law itself.action such as mandamus or injunction or through sanctions that the statute itself may allow the administrative body to impose. CA “ The granting or denying or suspending or revoking a license. No uniform rule in determining the jurisdiction of admin bodies. The grant is not implied. Each admin body has its own peculiar jurisdiction as conferred upon it by the specific provision of its charter. The Doctrine of Separation of powers are observed. its decision is appealable to CA” “The extent to which an administrative entity may exercise such power depends largely on the provisions of the stature creating or empowering such agency. . 15 Bill of Rights “All persons shall have the right to a speedy disposition of cases before all judicial. Natividad Primary jurisdiction is vested in the DAR to determine in a preliminary manner the just compensation for the lands taken under the agrarian reform program BUT such determination is subject to challenge before the courts.

Jalandoon COMELEC= can award actual or compensatory damages “SEC had jurisdiction over any intracorporate controversy arising from the ownership of HLURB = jurisdiction over cases involving sales of subdivision lots . much less award moral and exemplary damages. National Power Corporation 3. not NTC. Lastimosa vs Vasquez The Ombudsman power to investigate and prosecute includes the investigation and prosecution of any crime committed by a public official regardless of whether the acts or omissions complained of are related to or connected with the performance of official duty.” Principle: “Unless expressly empowered. review. In the Commission is a co-equal body with RTC and ‘co-equal bodies have no power to control the other’ Cariño vs CHR CHR have no power to adjudicate. receive evidence and make findings of facts as regards claimed human rights violations involving civil and political rights. and the power adjustment decreed by BOE was invalid. having been made without the benefit of any hearing. Admin agencies which do not have power to hear and decide: 1. subject to appeals and review. reverse or modify his decision. placing him under the “supervision and control” of the Ombudsman which he is subject to the power of the Ombudsman to direct. National Electrification Administration 2. Vs Public Service “Globe operated under a legislative franchise. approve. have the power to adjudicate breach of contract cases. so no terms and conditions of any certificate by the Commission to violate. i. Ombudsman may deputize a prosecutor for assistance. The private respondents are invoking the jurisdiction of the regular courts to adjudicate cases involving violations of rights which are legally demandable and enforceable Globe Wireless Commission Ltd. But such function is not a judicial function. The most that may be conceded is that it may investigate. PeñA RTC and CA have no jurisdiction over PCGG. finally and definitively. which must be accompanied by the authority to apply the law to those factual conclusions to the end that the controversy may be decided or determined authoritatively. Jurisdiction and powers of admin agencies are limited to those expressly granted or necessarily implied from those granted in the legislation creating such body and any order without or beyond such jurisdiction is void and ineffective” Boiser v CA “ The regular courts.PCGG vs. RCPI do not have power to impose fines for non-delivery of telegarams sequestered shares of stock already transferred to the Republic” Meralco vs CA “Jurisdiction of a regular court to decide on the correctness of the petitioner’s computation of the electric bill of the private respondent.e. administrative agencies are bereft of quasi judicial power” COSLAP = jurisdiction is confined only to disputes over lands in which the government has proprietary or regulatory interest NLRC= damages for picketing IBC vs.

every particular power necessary for the exercise of the one or the performance of the other is also conferred. Angara vs Electoral Commission The rules of proceedings of the Electoral Commission. including lawyers. any reasonable method to carry out its functions. Philippine Lawyers vs Angara Pascual vs Board of Medical Examiners To require any person intending to practice before the Patent Office to pass an examination. explore. NLRC) Though allowed by the Admin code that agency may conduct investigation. The law should expressly provide said decisions to be immediately executor pending appeal.NIA= no jurisdiction to grant claims FACTORAN “courts transgressed the boundaries of administrative jurisdiction in its exercise of judicial power when it assumed the functions of admin agencies involving the administrative investigation of government personnel” JURISDICTION 1. Subpoena Not inherent in administrative bodies. It was held that the SC has the exclusive and constitutional power with respect to admission to the practice of law and any member of the Bar may practice law anywhere and before any The administrative determination of facts and the consequent imposition of suspension/revocation of license does not make the proceedings criminal. quasi-judicial or Lapid vs CA Courts may not in the guise of interpretation. inquire or delve or probe into. Procedure = the means by which the power or authority of a court to hear and decide a class of cases is put into action. To determine finally. research on. study Adjudicate= to settle in the exercise of judicial authority. Investigate = to examine. Rules of Procedure 2. Subpoena power 3. is valid under the doctrine of implication. it does not necessarily mean it can also summon witnesses and take testimony in the absence of a clear grant from the legislature. being the sole judge of election contests. Contempt power Rules of Procedure Where an administrative body is expressly granted the power of adjudication. There is no legal principle which states that all decisions of quasi-judicial agencies are immediately executor. it is deemed also vested with the implied power to prescribe the rules to be observed in the conduct of its proceedings. (eg. entity. It may summon witnesses and require the production of evidence only when duly allowed by law and only in connection with the matter they are authorized to investigate. enlarge the scope of a statute and include situation not provided or intended by the lawmakers. whether administrative. judicial. Contempt . Provident tree farms vs Batrio “ where the no particular method is required. and must not violate fundamental rights or encroach upon constitutional prerogatives. where a general power is conferred.

and not simply accept the views of a subordinate in arriving at a decision 7. Preventive suspension 3. which includes the right of the party interested to present his own case and submit evidence in support thereof. Substantial evidence is more than a mere scintilla. 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. The evidence must be substantial. Dumarpa vs Dimaporo The power to hold in contempt must be exercised on the preservative principle. Tolentino vs Inciong A judge was served subpoena by an admin official for contempt. Administrative Due Process No strict adherence to technical rules compared to judicial proceedings. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Tentativeness of the admin action 3. 3. or at least contained in the record and disclosed to the parties affected. The CIR should in all controversial questions. Courts exist precisely to assure that there be compliance with the law. Quasi-judicial agencies that have the power to cite persons for indirect contempt can only do so by initiating them in the proper RTC. Instances when due process may be validly omitted 1. The right to a hearing. There must be expressly conferred upon the body and additionally. Essence is the opportunity to explain one’s side or a chance to seek reconsideration of he action or ruling complained of. The rules of evidence prevailing in courts of law and equity shall be controlling. The decision must be rendered on the evidence presented at the hearing. DUE PROCESS Notice and hearing are essential to due process and non-observance will invalidate the proceedings. 5. Some accepted exceptions: 1. The CIR or any of its judges. Urgency of immediate action 2. The tribunal must consider the evidence presented. Disregarded subpoena = seek the assistance of regular courts for the enforcement of its order. 6. Replacement of a temporary or acting appointee. 2. therefore.Is essentially judicial. Summary abatement of a nuisance per se 2. Cancellation of passport of a person sought for criminal prosecution 5. Summary distraint and levy of properties of a delinuent taxpayer 6. The right had previously been offered but not claimed. must be used only in connection with its quasijudicial as distinguished from its purely admin functions. That having something to support its decision 4. . The court held that respondent does not have the power to cite a judge in contempt. Padlocking of filthy restos and theaters 4. must act on its or his own independent consideration of the law and facts of the controversy. However some cardinal rules must be observed for the requirements of fair play Ang Tibay vs CIR 1.

There was no provision in RA 165 withholding from the director the authority to designate hearing officers. The choice not to present evidence was made by petitioners themselves. All complaints against a PPA official or employee below the rank of Asst. There is no denial of due process where the respondent has gone all the way up to the office of the president to seek reversal of the phaseout and closure orders. The burden is on the complaint to prove by substantial evidence the allegations in his comlaint. Globe vs NTC The need for a hearing before a fine may be imposed. acting as alter ego of the President. GM shall be filed Cordero v PSC “ mere notice by publication of a hearing conducted by the administrative agency was held insufficient and so violative of due processs” BUT receiving notice of hearing the day before the date of hearing is valid. he is only entitled to the administrative decision based on substantial evidence made of record. GM. relevant evidence as a reasonable mind might accept as adequate to support a conclusion. He has only appellate jurisdiction over disciplinary matters involving personnel below that of Asst. The reviewing officer must be other than the officer whose decision is under review Corona vs CA That the DOTC Secretary. Determining facts based on the evidence presented 3.Basic principles observed in administrative investigations 1. has jurisdiction over PPA personnel to a certain extend. LArbiter given the latitude to determine the necessity for formal hearing or investigation. and a reasonable opportunity to meet the charges and the evidence presented against her” In admin law. as it is clearly a punitive measure undertaken by an administration agency in the exercise of its quasi-judicial functions. 2. The parties may ask for it but it is not a matter of right and is discretionary on the part of the LArbiter. a quasi judicial proceeding involves: 1. Director of Patents may delegate the hearing of inter partes cases to his subordinates. Admin decisions in matters within the executive jurisdiction can only be set aside on proof of gross abuse of discretion. In reviewing admin decisions of the executive branch of the government. Taking and evaluation of evidence 2. the findings of facts made therein are to be respected so long as they are supported by substantial evidence 3. Zambales Chromite vs CA “It is evident that the petitioner was denied due process of law when Presidential Executive Assistant Clave concurred with recommendations of himself when he was in CSC” Due process of law means fundamental fairness. Pefianco v Moral “ a respondent in an administrative case is not entitled to be informed of the findings and recommendations of the investigating committee created to inquire into the charges. . or error of law. He does not have the power to initiate proceedings against a subordinate official of PPA. fraud. The quantum of evidence necessary for a finding of guilt is only substantial evidence. Rendering an order or decision supported by the facts proved.

the force and binding effect of a final judgment within the purview of the doctrine of resjudicata. rendered pursuant to their quasi-judicial authority. 3. preponderance of evidence. Enforcement of decision Sanctions admin body usually impose to enforce its decisions are: 1. 2. 6. the Constitution 2. proof beyond reasonable doubt is a the highest level. There must be a court or tribunal clothed with judicial power to hear and determine the matter before it 2. Javier vs comelec Absent any STATUTE providing for the enforcement. Regular courts of justice The appellate admin agency may conduct additional hearings in the appealed case. 4. law permits 3. Deportation of aliens Imposition of fines. 3. via . followed by clear and convincing evidence. The defendant must be given the opportunity to be heard. The issues to be reviewed involve questions of law. does not require trial type proceedings and cross examination. 1. 4. 8. Submission of position papers may be sufficient as long as they are heard. Administrative Appeals and Review 1. 5. it cannot be imposed. Elements of Due Process 1. 3. Jurisdiction must be lawfully acquired over the person of the defendant or property which is the subject of the proceedings. Department Head 2. May file mandamus to compel a performance of a ministerial duty or decision which became final Res judicata GR: The decisions and orders of administrative agencies.The Essence of Due Process is the opportunity to be heard. upon their finality. and substantial evidence. 2. Grant of licenses Permits Leases Approval or revocation of applications therefore. The right to appeals is not a constitutional right nor is it embraced in the right to be heard as guaranteed by due process.R. The courts will interfere if: 1. CHAPTER 6 JUDICIAL REVIEW The cold and neutrality of an impartial G. The exercise of such functions by an administrative officer is tainted by a failure to abide by the command of law (SC shall have the final say on the matter . judge. and judgment must be rendered upon lawful hearing. but may INVOKE court action for the purpose. have. Revocation or refusal to renew licenses Destruction of unlawful articles Narcotic drugs Summary closure of stores engaged in profiteering or hoarding Refusal to grant clearances Issuance of cease and desist orders to public utility. Courts of justice will generally not interfere in executive and administrative matters addressed to the sound discretion of government agencies such as: 1. Administrative decision may be appealed to the courts of justice only if: In the hierarchy of evidentiary values. 7.

Questions of law are appealable to the courts of justice even without legislative permission or even against legislative prohibition. 5. 9. Serve copies upon the agency and all parties of record. 10. order or ruling 2. 6. or any court of competent jurisdiction. Grounds relied upon for review c. Customs. Petition under oath. Copies of such material portions of the records. Statutes or Rules of Court. 1. and show it was filed within the period fixed. The Constitution 2. Petition for review shall be perfected within 15 days from receipt of the final administrative decision. May file one motion – if denied. And with the reviewing court a petition for review of the order. METHODS OF REVIEW Are prescribed by: 1.certiorari within 30 days from receipt of a copy thereof. movant shall perfect appeal during the remaining period for appeals reckoned from receipt of denial. It cannot be withdrawn by another law of the legislature. Questions of jurisdiction. e. 3. the courts cannot be deprived of their inherent authority to decide questions of law. Q: W/N courts have no jurisdiction to review decisions of the President and the CSC? A: jurisdiction does not depend upon an act of the legislature authorizing it but is inherent in the courts of general jurisdiction as an essential function of the judicial department. File to the said body AND with the CA How is appeal perfected? 1. Detention by the military authorities of a person invalidly arrested – Habeas Corpus . File with the agency within 15 days from receipt of a copy the notice of appeals 2. orders. Special civil actions 2. COMELEC COA SANDIGANBAYAN DECISIONS ISSUED LABOR CODE. 3. 8. 7. 4. Other remedies provided by the rules of court. Filed in court specified by statute. may avail of: 1. If motion granted – appellant shall have 15 days from receipt of resolution to perfect appeal.) Court of Appeals may review final decisions. Eg. Appeal from the decision of the Patent office: 1. award or resolution of RTC. No specific rules governing appeals. Other supporting papers. 2. The petition shall contain: a. concise statement of the issues involved b. 4. 2. Findings of fact of the agency when supported by substantial evidence shall be final EXCEPT when specifically provided otherwise by law. File notice w/in 15 days from notice of such award. True copy of the order appealed from d. Reasons: 1. UNDER THE CTA appellate court of decisions of Commissioner of Internal revenue. Quasi-judicial bodies except: 1. The underlying power in the courts to scrutinize acts of such agencies on questions of law 3.

= jurisdiction to decide controversies relative to the exploration. The admin decision may properly be annulled or set aside only upon a clear showing that the administrative official or tribunal has acted without or in excess of jurisdiction or with grave abuse of discretion. Originally cognizable in the courts. When there is clear showing of a grave abuse of discretion. Decisions of the office of the President (as part of a system of checks and balances) 2. Refusal to allow certain materials to be coursed through the malls – Mandamus. Two Doctrines to be considered in connection with the judicial review of administrative decision: Doctrine of Primary jurisdiction or Prior Resort APPLIES ONLY TO THE EXERCISE BY AN ADMINISTRATIVE AGENCY OF ITS QUASIJUDICIAL FUNCTION GR: Courts will not interfere in matters w/c are addressed to the sound discretion of the government agency entrusted with the regulation of activities coming under the special and technical training and knowledge of such agency. Jurisdiction 3. it must continue up to the highest level before resort to judicial tribunals may be sought. 5. Once initial action is taken by the administrative agencies. under a regulatory scheme. Examples: 1. Questions of law. exploitation and development of coal blocks. Eases the clogged court dockets. 2. 5. discretion to grant and disapprove said export allocations. 2. 6. Certiorari – administrative decisions up to the highest level. Alien threatened with deportation by Immigration – Habeas Corpus 3.2. Public official replaced by another – quo warranto 4. 4. have been placed within the special competence of an administrative body. (courts should stand aside even when apparently they have statutory power to proceed ) Advantage of primary jurisdiction 1. HLURB = jurisdiction over cases involving the sale of subdivision lots. Bureau of Customs = jurisdiction over seizure and forfeiture proceedings. Garments and Textile Export Board = jurisdiction to adjudicate on the question of a private corporation’s entitlement to export allocations. Whenever enforcement of the claim requires the resolution of issues which.  Calls for the determination of question of fact. it must be shown that all the administrative remedies prescribed by law or ordinance have been exhausted 2. When is doctrine applicable? of primary jurisdiction 1. by administrative agencies. Q: What if 2 admin agencies share concurrent jurisdiction? . the judicial process is suspended pending referral of such issues to the administrative body for its view. in such case. Universally accepted axioms of judicial review: 1. Bureau of Energy Devt. 3. Bureau of Mines and Geosciences = jurisdiction to determine the compensation payable to surface owners. SC has jurisdiction over: 1. Before said actions may be entertained. To prevent investigation alleged to be unconstitutional – prohibition.

In quo warranto proceedings. Subject matter is a private land in land case proceedings 10. comity and convenience prevent the courts from entertaining cases proper for determination by administrative agencies. Since it is presumed that an admin agency if given an opportunity to pass the same. Exceptions to exhaustion of administrative cases: 1. speedy and adequate remedy 11. Courts refrain from disturbing the findings of admin bodies in deference to separation of powers 3. Not expressly required b law . Furthermore. There are circumstances indicating urgency of judicial intervention Others: 1. Q: when what is assailed is the validity or constitutionality of a rule A: regular courts have jurisdiction to pass upon the same. Reasons for remedies exhaustion of administrative 1. which is available ONLY if there is no other plain. Eg. Would amount to a nullification of the claim 9. 1. Issue involved is purely legal 3. Violation of due process 2. speedy and adequate remedy. mandamus. Board of special inquiry = Commissioner of Immigration = DOJ Director of Mines = Secretary of Agriculture Q: Litigant refuses or fails to avail of exhaustion A: Judiciary shall decline to interfere based on convenience. respect. should not be saddled with the review of admin cases 4.will decide the same correctly. administrative superiors can correct the errors of subordinates 2. Between DOJ and the Office of the Ombudsman = doctrine of primary jurisdiction should operate to restrain the DOJ from exercising its investigative authority if the case will likely be cognizable by the Sandiganbayan. Appeal to the Board of Regents of UP before review may be sought. Respondent is a department secretary whose acts as an alter ego of the President bears the implied and assumed approval of the latter 7. When not applicable? While desirable that administrative remedies be first resorted to. Judicial review of admin cases is usually effected through the special civil actions of certiorari. When strong public interest is involved 3. Would be Unreasonable 8. Patently illegal act amounting to lack or excess of jurisdiction 4. If given a chance. Rule does not provide a plain. reasons of law. Irreparable injury 6. and prohibition. (exhaustion = to be given an opportunity to correct errors committed in the administrative forum) Eg. Doctrine of Remedies Exhaustion of Administrative = an administrative decision must first be appealed to the administrative superiors up the highest level before it may be elevated to a court of justice for review. When the claim involved is small 2. no one is compelled or bound to do so.A: The body or agency that first takes cognizance of the complaint. Estoppel on the part of admin agency 5. The second case filed shall be dismissed on the ground of forum shopping. Courts burdened enough.

thus. 4. When to apply? 1. and a condition precedent to appeal to the courts. When the act of admin agency was performed pursuant to its quasi-judicial function (not quasi legislative) EXAMPLES 1. 6. Want of authority of a mayor to suspend.2. Small amount – exhaustion would be oppressive but would be patently unreasonable. bureaus and offices. The disregard made by the respondent prompted the company to take the needed action otherwise irreparable damage and injury will result. (admin agency is in estoppel) Summary dismissal for lack of confidence by the mayor (it is an illegal act amounting to lack of jurisdiction. which was brought to the Secretary of Agriculture. When a student is not asking for reversal of policies of educational institution BUT praying for damages. investigate or dismissed. 8. unless disproved or reprobated by the Chief Executive are presumptively acts of the Chief Executive EFFECT OF NON-COMPLIANCE EXHAUSTION TO It does not affect the jurisdiction of the court and merely results in the lack of a cause of action which may be invoked in a motion to dismiss Questions reviewable . on the ground that it was not covered by backpay law. may go directly to the courts. 4. where certain control powers are exercised by the Cabinet members are warranted due to the multifarious executive and administrative functions of the President. based on the resolution that a party has only the court for recourse. 2. 5. Constitutional right to reveal certain documents by filing a petition for mandamus against GSIS (courts are in better position to interpret scope of constitutional right to information) An alien was previously denied of backpay application. Conflict existing regarding a portion of the logging area and the use of logging road constructed. 2. (these are legal questions properly addressed to the court of justice. 9. When the issues submitted have become moot and academic. 5. Fine imposed upon a vessel for carrying unmanifested cargo but without giving the ship authorities a hearing. grave abuse of discretion) The urgency of preventing the automatic reversion of the sum appropriated – exhaustion would amount to a nullification of his claim. 7. Carpio vs Executive Secretary The President has control of all executive departments. Corollary to the control powers of the President is the DOCTRINE OF QUALIFIED POLITICAL AGENCY. The contested lot was not a part of the public domain but of private ownership acquired by the Government for resale to private persons. any aggrieved party could bring action to the courts. 3. When there is an express legal provision requiring such admin step as a condition precedent to taking action in court. In questioning the validity of a rule or regulation. Q: W/N appeal appeal to the President is necessary? A: The President was the final step in the administrative process. Statute providing admin remedy is merely permissive 3.

Rep vs. b. denial of due process. Rep Vs. if not finality =REASON: The special knowledge and expertise of said administrative agencies over matters falling under their jurisdiction. collusion or arbitrary action b. b. . when palpable errors are committed d. admin decision may be appealed to the courts of justice independently of legislative permission or even against legislative prohibition. When doubt or difference arises as to what the law is on a certain state of facts. QUESTIONS OF FACT =Generally accorded with respect. When the doubt or difference arises as to the truth or the falsehood of the alleged facts c. GR: Courts have no supervising power over the proceedings and actions of the administrative departments of the government. review of the administrative decision lies in the discretion of the legislature. they are in a better position to pass judgment thereon. at best is advisory. as well as their relation to each other and to the whole. when grave abuse of discretion. Questions of fact a. Sandiganbayan “ Exists when doubt or controversy concerns the application of law or jurisprudence to a certain set of facts. which may or may not permit it as it sees fit. Sierra Madre Trust vs Sec. Questions of law a.1. even not overwhelming or preponderant. c. so long as it is supported by substantial evidence. the truth or falsehood of facts being admitted” Atlas Consolidated Mining  Findings of fact should not be disturbed if supported by substantial evidence  Review is justified if there has been: a. =opinions or statement of policy rendered by admin agency is a mere interpretation of pre-existing law. when procedure is irregular c. = findings of admin agencies which acquired expertise hence entitled with finality. Findings of fact supported by substantial evidence must be respected since there is the legal presumption that official duty has been duly performed. or when the issue does not call for an examination of the probative value of the evidence presented. Decisions of admin bodies are entitled with respect. exercised unconstitutional powers or clearly acted arbitrarily and without regard to his duty or with grave abuse of discretion Grave abuse of discretion = there has been capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction. the existence and relevancy of specific surrounding circumstances. EXN: When the board or official has gone beyond his statutory authority. and the probability of the situation” 2. of Agriculture and natural resources. Sandiganbayan “ Exists when doubt or difference arises as to the truth or falsehood of facts or when the query invites calibration of the whole evidence considering mainly the credibility of the witnesses. arbitrariness or capriciousness is manifest  reviewing court cannot reexamine the sufficiency of the evidence. mistake of law or fraud. the courts finally determines what the law means.

findings are contrary to the trial court 9. = SBMA BOD and other officers are subject to the control and supervision of the Office of the President. absurd or impossible 3. CA manifestly overlooked certain relevant facts not disputed by the parties which if properly considered would justify a different conclusion QUESTIONS OF LAW GR: Admin bodies may be allowed to resolve questions of law in the exercise of their Q-judicial function as an incident of their primary power of regulation EXN: Only tentative at best and may be reviewed by the courts. As a rule. Grant of licenses. Courts nevertheless use it sparingly since the interpretation of admin bodies are accorded with respect due to the presumption that constant exposure to the law will make them experts. SBMA is an instrumentality of he government. surmises or conjectures 2. SBMA vs Hutchinson Ports Philippines Ltd. courts may annul admin interpretation of law if it has not been correctly applied since the courts finally determine what the law means Eg. findings are conclusions without citation of specific evidence on which they are based 8. when the findings are grounded entirely on speculation. But in reviewing admin decisions on legal questions. 11. findings are premised on the supposed absence of evidence and contradicted by the evidence on record. in making its findings. The discretion to accept or reqject any bid. or even recall the award thereof is of such wide latitude that the courts will generally not interfere with GR: Factual findings of administrative agencies affirmed by the CA are conclusive upon and generally not reviewable by this Court EXN: 1. violation of an ordinance prohibiting a cochero from sitting inside the calesa are not grounds for disqualification from public office since these are not criminal per se. Jaywalking. the judgment is based on a misapprehension of facts 5. facts set forth in the petition as well as in the petitioner’s main and reply briefs are not disputed by the respondent 10. rejection or revocation of applications therefor. the CA went beyond the issues or the findings are contrary to the admissions of both the appellant and appellee 7. when the inference made is manifestly mistaken. it is only the judicial tribunal than can interpret and decide questions of law with finality. findings of fact are conflicting 6. permits and leases or approval. all of its project require the approval of the Office of the President.Eg. . and will develop in them a mastery of its provisions that will give them a proper insight as to its meaning and the way it should be enforced. when there is grave abuse of discretion 4.