Professional Documents
Culture Documents
APPENDIX.................................................................................................................... 33
BOOK VII: ADMINISTRATIVE PROCEDURE....................................................................................................................... 33
I. Historical and Constitutional Considerations Administrative Law
Puyat v De Guzman
An indirect appearance as counsel by an
Assemblyman before an administrative body
circumvents the Constitutional prohibition. A
contrary rule would permit an Assemblyman to
influence an administrative body just by acquiring
minimal participation in the interest of the client
and then intervening in the proceedings.
So long as the court The court may review their As to time Rule-making is Adjudication is
finds that the correctness of the prospective in retrospective in
legislative rules are interpretation of the law character, for it character, for it
within the power of given by the administrative only governs investigates acts
the administrative body, and substitute its future acts. already done and
agency to pass, as own view of what is correct then applies the law
seen in the primary to the administrative body. on the facts.
law, then the rules If it is not within the scope
bind the court. The of the administrative
court cannot question agency, court can only As to Legislative Adjudicative rulings
the wisdom or invalidate the same but application rules are of apply only to parties
correctness of the not substitute its decision general
policy contained in the or interpretation or give its application
rules. own set of rules.
Due process involves Due process means that Sec. 9 (2) of the Admin Code implies that all
whether the parties the body observed the rules with respect to fixing of rates must be
were afforded the proper procedure in accompanied with notice and hearing,
opportunity to be passing rules. regardless if the rate-fixing function is
notified and heard legislative or quasi-judicial.
before the issuance of Notice and hearing necessary if the rate to be
the ruling. fixed applies to only one entity (quasi-judicial).
[Philcomsat v Alcuaz (1989)]
Fixing of rates, wages and prices Note, however, that the Administrative Code
now does not differentiate legislative from
Sec. 9, 1987 Admin Code. Public Participation. quasi-judicial rate-fixing: notice and hearing
(1) If not otherwise required by law, an agency is required for both.
shall, as far as practicable, publish or circulate The power to fix rates cannot be delegated to a
notices of proposed rules and afford interested common carrier or other public service. The
parties the opportunity to submit their views prior latter may propose new rates, but these will not
to the adoption of any rule. be effective without the approval of the
(2) In the fixing of rates, no rule or final order shall administrative agency. [KMU v Garcia (1994)]
be valid unless the proposed rates shall have been In fixing the rate, the present valuation of all
published in a newspaper of general circulation at the property of a public utility, viz, not only of
least 2 weeks before the first hearing thereon. the assets used by the public but also of the
(3) In cases of opposition, the rules on contested fixed assets must be made on that basis so a
cases shall be observed. fair return of investment can be had. On
principle, the property is deemed taken and
Sec. 2(3), 1987 Admin Code. Rate means any condemned by the public at the time of filing
charge to the public for a service open to all and the petition, and the rate should go up and
upon the same terms, including individual or joint down with the physical valuation of the
rates, tolls, classification or schedules thereof, as property. [Ynchausti v Public Utility
well as communication, mileage, kilometrage and Commissioner (1922)]
other special rates which shall be imposed by law
of regulation to be observed and followed by any Licensing Function
person.
Sec. 17, 1987 Admin Code
Function delegated to administrative agencies Licensing Procedure. (1) When the grant,
because the legislature does not have the time, renewal, denial or cancellation of a license is
knowledge and means necessary to handle the required to be preceded by notice and hearing, the
matter efficiently. Need for dispatch, flexibility provisions concerning contested cases shall apply
and technical know-how better met by insofar as practicable.
administrative agencies.
Based on question of law, of fact or Based only on questions of law. Based on question of jurisdiction or
mixed question of law and fact. (Sec (Sec 1) grave abuse of discretion.
3)
This rules applies to appeals from This rule applies to appeals from This rule applies only to an order
judgments or final orders or judgments or final orders or or act of an officer or board
resolutions of or authorized by any resolutions of the CA, the exercising judicial or quasi-judicial
quasi-judicial agency in the exercise Sandiganbayan, the RTC or functions, and not for judgments.
of its quasi-judicial functions (Sec other courts. (Sec 1) [Republic v CA]
1). But this does not apply to
judgments or final orders issued
under the Labor Code. (Sec 2)
Appeal shall be taken within 15 days Petition shall be filed within 15 Within 60 days.
from notice of the award, judgment days from notice of the
or final order or resolution, or from judgment or final order or
the date of its last publication, or of resolution, or of the denial of the
the denial of the motion for new trial motion for new trial or
or reconsideration. Upon proper reconsideration. On motion with
motion & payment of docket fees payment of docket fees before
and before the expiration of the the expiration of the
reglementary period, the CA may reglementary period, the SC
grant an additional period of 15 may, for justifiable reasons,
days. No further extension may be grant an extension of 30 days.
granted except for the most (Sec 2)
compelling reason, and in no case
shall it exceed 15 days. (Sec 4)
Award, judgment, final order or Judgment is stayed. Order is not stayed unless a
resolution not stayed unless the CA preliminary injunction is issued.
directs otherwise. (Sec 12)
Parties are the original parties and Parties are the original parties Parties are aggrieved party
the court or agency is not impleaded who thus become appellant and (petitioner) against the
as petitioner or respondent. (Sec 6) appellee. administrative agency and the
prevailing parties (respondents).
The court exercises appellate The court exercises appellate Court exercises original
jurisdiction. jurisdiction. jurisdiction.
2. Requisites 3. Requisites:
a. There is illegal confinement or detention. a. Plaintiff is entitled to relief demanded.
b. There is illegal restraint of liberty. b. Commission or continuance of an act
c. Rightful custody of any person is withheld complained of would probably work injustice
from the person entitled thereto. to him.
c. Defendant, is doing, threatens or about to
3. Purpose: Secure the release of a person do an act in violation of petitioners rights
deprived of his liberty, and test the validity of which may render the judgment ineffective.
detention as ordered by an agency. d. Injunction can only be issued by superior to
an inferior body; if co-equals, the injunction
cannot prosper. [Honda v San Diego
(1966)]
UP Law Center
Subject Committee
[Constitutional Law 2] I Frances Tandog [head]
Joe Jambalos . Andy Lacuesta
I
Rice Daarol [deputy] . Chino Baybay [deputy]
Information Management Committee Theresa Roldan . Lem Arenas . Mitch Lim
Jen Lee . Keisie Marfil . Al Siason
Cecille Tuazon . Dianne Patawaran