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. Statutes
2. Rules, regulations or orders
3. Determinations, decisions and orders
4. 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
constitutional provision
legislative enactment
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
offering some gratuity, grant or special privilege
carry on certain of the actual business of the government
performing some business service for the public
regulate business affected with public interest
regulate private business and individuals, pursuant to police power
adjust individual controversies because of strong social policy involved
make the government a private party

POWERS OF ADMINISTRATIVE BODIES

1. Quasi-legislative or rule-making power

2. Quasi-judicial or adjudicatory
3. Determinative

Quasi-Legislative Power
Exercise of delegated legislative power
Involves no discretion as to what the law shall be
Fix the details in the execution or enforcement of a policy
Rules and regulations issued by administrative authorities pursuant to powers delegated to them
have the force and effect of law
o They are binding on all persons subject to them
o Courts will take judicial notice
Letters of Instructions and Eos are presidential issuances; one may repeal or alter, modify or amend
the other, depending on which comes later.
The function of promulgating rules and regulations may be legitimately exercised only for the
purpose of carrying out the provisions of the law into effect.
Administrative regulations cannot extend the law or amend a legislative enactment.
Administrative regulations must be in harmony with the provisions of law. It must not override, but
must remain consistent with the law they seek to apply and implement.
Administrative agency has no discretion whether or not to implement a law. Its duty is to enforce
the law.
Administrative order is an ordinance issued by the President which relates to specific aspects in the
administrative operation of Government.

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.

Party be afforded reasonable opportunity to be heard and to submit any evidence he may have in
support of the defense.
In administrative proceedings, it means the opportunity yto explain ones side or opportunity to seek
a reconsideration of the action or ruling complained of; a formal or trial-type hearing is not, at all
times, necessary.
Requirement of notice and hearing in termination cases does not connote full adversarial
proceedings, as actual adversarial proceedings become necessary only for clarification or when there is
a need to propound searching questions to witnesses who give vague testimonies.
Procedural right which employee must ask for since it is not an inherent right.
Summary proceedings may be conducted
- Administrative due process dies not necessarily require the assistance of counsel.
- In a request for extradition, the prospective extradite does not face a clear and present danger of loss
of property or employment, but of liberty itself.
He is entitled to the minimum requirements of notice and opportunity to be heard.
- The standard of due process that must be met in administrative tribunals allows a certain latitude as
long as the element of fairness is not ignored; even in the absence of previous notice, there is no
denial of due process as long as the parties are given the opportunity to be heard.
- Administrative due process:
opportunity to be heard
opportunity to seek reconsideration
opportunity to explain ones side
- Substantial evidence: such relevant evidence as a reasonable mind might accept as adequate to
support a conclusion which is the quantum of proof necessary to prove a change in an administrative
case
- To be heard does not mean only verbal agreements in court, one may also be heard through
pleadings.
 Determinative Powers

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
II. 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 QUASI-JUDICIAL 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
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.

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

III. 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.

Methods of Obtaining Judicial Review

1. Statutory or Non-Statutory
Statutory available pursuant to statutory provision
Non-statutory no express statute granting review, relief is obtained by means of:
common law remedies
prerogative writs of certiorari
mandamus
HC
prohibition
quo warranto
if statutory methods for judicial review are available, they are ordinarily
exclusive and the use of non-statutory methods will not likely be permitted.

2. Direct or Collateral
Direct attempt to question in subsequent proceedings the administrative
action for lack of jurisdiction, grave abuse of discretion, etc. (attack on citizenship of
an individual)
Collateral relief from administrative action sought in a proceeding the
primary purpose of which is some relief other than the setting aside of the
judgment, although an attack on the judgment may be incidentally involved.

3. Mixed Question of Law and Fact (Brandeis Doctrine of Assimilation of Facts)

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, the Court will, in order to decide the legal question, examine the entire record
including the evidence
Guidelines for the exercise of the power
Findings of fact are respected as long as they are supported by substantial evidence, even if
not overwhelming or preponderant.
Findings of administrative officials and agencies who have acquired expertise are generally accorded
not only respect but at all times even finality.
Principle that factual findings of administrative bodies are binding upon the Court may be
sustained only when no issue of credibility is raised.
It is not for the reviewing court to weigh the conflicting evidence, determine credibility of
witnesses or otherwise substitute its judgment for that of the administrative agency on the
sufficiency of evidence.
Administrative decision in matters with the executive jurisdiction can only be set aside on
proof of
1. grave abuse of discretion
2. fraud
3. collusion
4. error of law
Courts will not generally interfere with purely administrative matters unless there is clear
showing of arbitrary, capricious or grave abuse of discretion amounting to lack of jurisdiction.

Judicial Review is not trial de novo

It is merely an ascertainment of whether the findings of the administrative agency are
consistent with law, free from fraud or imposition and supported by evidence
THE LAW ON PUBLIC OFFICERS

Nature and Definition

1. Public service requires integrity and discipline. For this reason, public servants must
exhibit at all times the highest sense of honesty and dedication to duty. By the very
nature of their duties and responsibilities, public officers and employees must faithfully
adhere to hold sacred and render inviolate the constitutional principle that a public office is a
public trust; and must at all times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty and efficiency. (Galero vs. Court of Appeals, G.R.
No.151121, July 21, 2008)
2. When a public officer takes an oath of office, he or she binds himself or herself to faithfully
perform the duties of the office and use reasonable skill and diligence, and to act
primarily for the benefit of the public. Thus, in the discharge of duties, a public officer is to
use that prudence, caution, and attention which careful persons use in the management of
their affairs. (Farolan vs. Solmac Marketing Corporation, G.R. No. 83589, March 13, 1991)
3. Under the old Administrative Code (Act No. 2657), a government employee includes
any person in the service of the Government or any branch thereof of whatever grade or class.
A government officer, on the other hand, refers to officials whose duties involve the
exercise of discretion in the performance of the functions of government, whether such
duties are precisely defined or not. Clearly, the law did not require a specific job description
and job specification. Thus, the absence of a specific position in a governmental
structure is not a hindrance for the Court to give weight to ones government service as
legal counsel and consultant, and consequently consider such as creditable government
service for the purpose of computing retirement benefits. (Re: Request of Chief Justice
Panganiban, A.M. No. 10-9-15-SC, 12 February 2013).
B. Exclusions

1. A private individual who has in his charge any
therein and commits any of the acts defined in any of
of the RPC, should likewise be penalized with the
officers. Nowhere in this provision is it expressed
under said Article 222 is to be deemed a public officer.
February 26, 1997)
of the public funds or property enumerated
the provisions of Chapter Four, Title Seven
same penalty meted to erring public
or implied that a private individual falling
(Azarcon vs. Sandiganbayan, G.R. No. 116033,

D.
Eligibility
1. A permanent appointment can be issued only to a person who meets all the requirements for the position to which
he is being appointed, including the appropriate eligibility prescribed.
(Achacoso vs. Macaraig, G.R. No. 93023, March 13, 1991)
 2. In order to qualify an appointment as permanent, the appointee must possess the rank appropriate to the
position. Failure in this respect will render the appointment merely temporary. (Cuevas vs. Bacal, G.R. No. 139382,
December 6, 2000)

E.
Qualifications