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I. GENERAL PRINCIPLES
Administrative Law - Branch of public law which:
Fixes the organization
Determines the competence of administrative authorities
Indicates to the individual remedies for the violation of his rights.
Kinds
1.
2.
3.
4.
Statutes
Rules, regulations or orders
Determinations, decisions and orders
Body of doctrines and decisions
Administration
1. as a Function the execution, in non-judicial matters, of the law or will of the
State as expressed by competent authority
2. as an Organization group or aggregate of persons in whose hand the reins of
government are for the time being.
Kinds
1. Internal legal side of public administration
2. External deals with problems of government regulation
Administrative Bodies or Agencies
- Organ of government which affects the rights of private parties either through
adjudication or rule-making.
- Creation
1. constitutional provision
2. legislative enactment
3. authority of law
- Criterion
primarily regulatory
on its rule-making authority it is administrative when it does not
have discretion to determine what the law shall be but merely
prescribes details for the enforcement of the law.
- Types
1. offering some gratuity, grant or special privilege
2. carry on certain of the actual business of the government
3. performing some business service for the public
4. regulate business affected with public interest
5. regulate private business and individuals, pursuant to police power
6. adjust individual controversies because of strong social policy involved
7. make the government a private party
II. POWER OF ADMINSITRATIVE BODIES
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Where hearing is indispensable, it does not preclude the Board from ordering, exparte, a provisional increase subject to its final disposition of whether or not to
make it permanent, to reduce or increase it further or to deny the application.
(Maceda vs. Energy Regulatory Board)
Determinative Powers
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1. Directing
Power of assessment of BIR and Customs
2. Enabling
Permit or to allow something which the law undertakes to regulate
3. Dispensing
To exempt from a general prohibition OR
Relieve individual or corporation from an affirmative duty
4. Examining
Investigatory power
1. production of books, papers, etc.
2. attendance of witnesses
3. compelling their testimony
Power to compel attendance of witnesses not inherent in
administrative body
But an administrative officer authorized to take testimony or
evidence is deemed authorized to administer oath, summon
witnesses, require production of documents, etc.
Power to punish contempt must be expressly granted to the
administrative body; when granted, may be exercised only when
administrative body is actually performing quasi-judicial functions
5. Summary
Power to apply compulsion or force against persons or property to
effectuate a legal purpose without a judicial warrant to authorize
such action
Quasi-Judicial or Adjudicatory Powers
- Proceedings partake of the character of judicial proceedings
- Administrative due process
1. right to hearing
2. tribunal must consider evidence presented
3. decision must have something to support itself
4. evidence must be substantial
5. decision must be based on the evidence adduced at the hearing or at least
contained in the record and disclosed to the parties
6. the Board or Judges must act on its or independence consideration of the
facts and the law of the case, and not simply accept the views of a
subordinate in arriving at a decision
7. decision must be rendered in such a manner that the parties to the
controversy can know the various issues involved and the reasons for the
decision rendered
- In forfeiture proceeding, where the owner of the allegedly prohibited article is
known, mere posting of the notice of hearing in the Bulletin Board does not
constitute compliance.
- Due process demands that the person be duly informed of the charges against him.
He cannot be convicted of an offense with which he was not charged.
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Administrative Determinations where Notice and Hearing are NOT necessary for due
process
1. grant of provisional authority for increased rates or to engage in a particular line
of business
2. summary proceedings of distraint and levy upon the property of a delinquent
taxpayer
3. cancellation of passport, no abuse of discretion
4. summary abatement of a nuisance per se which affects the immediate safety of
persons/property
5. preventive suspension of a public officer/employee pending investigation of
administrative charges
Right Against Self-Incrimination
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Housing and Land Use Regulatory Board (HLURB): unsound real estate business
practices
Department of Energy: electric power
Home Insurance Guarantee Corporation(HIGC): disputes involving homeowners
association
III. EXHAUSTION OF ADMINISTRATIVE REMEDIES
Doctrine
- Whenever there is an available administrative remedy provided by law, no
judicial recourse can be made until all such remedies have been availed of and
exhausted.
Reasons
1. if relief is first sought from a superior administrative agency, resort to courts may
be unnecessary
2. administrative agency should be given a chance to correct its error
3. principles of comity and convenience
4. judicial review of administrative decisions is usually made through special civil
actins, which will not normally prosper if there is another plain, speedy and
adequate remedy in the ordinary course of law
Only decision of administrative agencies made in the exercise of QUASIJUDICIAL and ADJUDICATORY POWERS are subject to the rule on
exhaustion.
Constitutionality/validity of a rule or regulation in the performance of
quasi-legislative function regular courts have jurisdiction
Corollary Principle
1. Doctrine of Prior Resort/ Doctrine of Primary Administrative Jurisdiction
No Where there is competence or jurisdiction vested upon an administrative body
to act upon a matter, no resort to the courts may be made before such
administrative body shall have acted upon the matter.
Conversion of subdivision lots HLURB
Enforcement of forestry laws DENR
Issuing license to radio stations NTC
Disputes arising from construction contracts Construction Industry Arbitrary
Commission
Agricultural lands under the coverage of CARP DAR
Effluents of a particular industrial establishment Pollution Adjudication Board
2. Doctrine of Finality of Administrative Action
No resort to the courts will be allowed unless the administrative action has been
completed and there is nothing left to be done in the administrative structure.
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A party aggrieved must not only initiate the prescribed administrative proceeding,
but must pursue it to its appropriate conclusion before seeking judicial
intervention.
Effect of Failure to Exhaust Administrative Remedies
- Jurisdiction of court is NOT affected
- Complainant is deprived of a CAUSE OF ACTION which is a ground for MTD
- If no MTD is filed, deemed a waiver
Exceptions
1. Doctrine of Qualified Political Agency (alter ego doctrine)
2. Administrative remedy is fruitless
3. Estoppel on the part of the Administrative Agency
4. Issue involved is purely a legal question
5. Administrative action is patently illegal
6. Unreasonable delay or official inaction
7. Irreparable injury or threat, unless judicial recourse is immediately made
8. Land cases, where subject matter is private land
9. Law does not make exhaustion a condition precedent to judicial recourse
10. Observance of the doctrine will result in the nullification of the claim
11. Special reasons or circumstances demanding immediate court action
12. Due process of law is clearly violated
13. Rules does not provide a plain, speedy and adequate remedy
IV. JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
Rule
Judicial review may be granted or withheld as Congress chooses
Except: when Constitution requires or allows it
Judicial review of administrative decisions cannot be denied the courts when there
is an allegation of grave abuse of discretion.
Bases for Judicial Review
Unless otherwise provided by this Constitution or by law
Any decision, order or ruling of each Commission may be brought to the SC on
certiorari
w/in 30 days from receipt of a copy
General Principles
underlying power in the Courts to scrutinize the acts of administrative agencies on
questions of law and jurisdiction although no right of review is given by statute.
Keep administrative agencies within its jurisdiction.
Protect substantial rights of parties affected by the decisions.
Part of system of checks and balances which restricts the separation of power and
forestalls arbitrary and unjust adjudication.
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