Professional Documents
Culture Documents
actions as agents of the their relation to their own 1) Body of statutes which sets up admin agencies
gov’t. gov’t. and endows them with powers and duties.
2) Body of rules, regulations, and orders issued by
EXCEPT: insofar as it has
admin agencies.
3) Body of determinations, decisions and orders of
been adopted into the
such admin authorities made in the settlement of
admin law of the state. controversies arising in their respective fields.
4) Body of doctrines and decisions dealing with the
For Phil. Gov’t officers to be bound by creation, operation and effect of determinations
mandates of international law, the and regulations of such admin agencies.
Legislature must adopt such principles and
translate it into Philippine law. How did Administrative Law Grow and Develop?
Origin is legislation and proceeds from the
Is Administrative Law a General or Specific increased functions of government.
Law? The multiplication of subjects of gov’t
It is both. regulations and the increased difficulty of
General Admin Law – is that which is administering laws became one of the causes
common to all or to many different types of for its development.
admin agencies. (subj matter of the author’s
book) In order to enable admin agencies to perform
their functions efficiently and effectively, the
Special Admin Law – law which is provided legislature has granted to them the power to
for and derived from the activity of a adjudicate on cases arising within the scope of
particular admin agency. their activities.
Proceeds from a particular statute or
ordinance creating the individual The Phil used to be under the economic
agency. principle of laissez fair (let live alone)
Applies only to such agency. Ang Tibay v. CIR
Policy of laissez faire has to some extent
What are the Kinds of Administrative Law? given way to assumption by the gov’t of
1) Statutes setting up admin authorities either by: the right of intervention in contractual
creating boards, commissions, and admin relations that are affected with public
officers or interest.
confiding the powers and duties to existing
boards, commission or officers to: Gov’t has gone into the control &
• amplify, regulation of banking, insurance, public
• execute, utilities, foreign exchange, finance,
• supervise the operations of, and industry, the professions, health, morals
• determine controversies arising under and labor-management relations.
particular laws in the enactment of
which the legislature decided for matters Admin law deals pre-eminently with law in the
of convenience or for quicker or more making, and its growth is traced to its:
efficient administration to withhold the Adjustability to change,
controversies, at least in the first Flexibility in the light of experience,
instance, from the courts of law. Swiftness in meeting new emergency
situations, and
2) Rules, regulations or orders of such Efficiency and expertise.
administrative authorities enacted and
promulgated in pursuance of the purposes for What is the reason for the development of Admin
which they were created or endowed. Law?
It arises out of Necessity. The existence and
3) Determinations, decisions and orders of such powers proceed from:
admin authorities made in the settlement of Increased function of gov’t
controversies arising in their particular fields Complexity of modern social, economic,
and industrial systems,
4) Body of Doctrines and decisions dealing with Inability of legis or courts to perform their
the creation, operation, and effect of functions directly
determinations and regulations of such admin Necessity for constant supervision by
authorities. experts and specialists and the experience
acquired by such specialist in difficult and
What is the scope of Administrative Law? complicated fields
What are the important aspects of judicial role & Distinguish between Administration and Politics
the search for accommodation? Administation Politics
1) The determinations by the courts of the degree Execution of the policies Policies and expressions of
to which admin agencies may be left free to act and expressions of the state the state will
in their own discretion w/o the declaration of will
standards for such action by the legislature.
Subjected to the control of Primary function is the
2) The extent to which the courts will: politics expression of the state will,
Require in quasi-judicial procedure which with a 2ndary function of
approaches that of courts execution of such will.
Refrain from interference with the admin
process Distinguish between Administration and Law
Be restricted from passing upon the legality Administration Law
or correctness of the action taken by the Achieves public security by Operates by redress or
admin agency preventive measures, and punishment rather than
Review, enforce, or provide relief from, selects a hierarchy of prevention. It formulates
action of an administrative agencies officials to each of whom general rules of action and
definite work is assigned. visits infractions with
penalties.
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ADMINISTRATIVE LAW – Atty. Chan-Gonzaga/Dean Roy II-D 2003-2004
What is Administrative Law in the Philippine What are some limitations of Admin agencies
Setting? acting as a court?
Administrative regulation of private activities Administrative agencies:
was originally undertaken through regular CANNOT exercise PURELY judicial
departments of the executive branch. functions,
Do NOT have the inherent powers of a
There is an increasing use of regulatory agencies court,
specially created to carry out the legislative Are NOT bound in their proceedings by all
policy regulating specified activities. These the rules applicable to proceeding in court.
agencies are given powers to promulgate rules
and regulations implementing statutes and to What are other natures of Admin agencies?
adjudicate controversies arising therefrom. Some are deemed to be agents of the legislative
branch of the government and not of the
executive branch.
What are Common Types of Administrative Legislature is more and more in favor of
Agencies? enacting statutes in broad and general wording
1) Agencies created in situations wherein the and leaving details thereof to administrative
government is offering some gratuity, grant, or agencies to fill by rules, orders, regulations and
special privilege the like.
E.g.: Phil. Veterans board (defunct), Board
on pensions for Veterans, NARRA, How are Administrative Agencies Reorganized
Philippine Veterans Administration and Abolished?
Experimentation is frequent in the field of
2) Agencies set up to function in situations wherein administration, and particular admin agencies
the gov’t is seeking to carry on certain gov’t are sometimes:
functions. Abolished and new ones created embodying
E.g.: Bureau of Immigration, BIR, Board of the fruits of experience;
Special Inquiry, Board of Commissioners, Reorganized or their functions transferred to
CSC, BSP other agencies.
3) Agencies set up to function in situations wherein Congress has at various times vested powers in
the gov’t is performing some business service for the President to reorganize executive agencies
the public and redistribute functions and the transfers made
E.g.: Bureau of Posts, Postal Savings Bank, under such are held by the SC to be within the
MWSS, Phil National Railways, Civil authority of President.
Aeronautics Administration
Any doubt as to the authority granted to the
4) Agencies set up to function in situations wherein President and the due exercise thereof, is
the gov’t is seeking to regulate business affected determined by congressional approval and
with public interests ratification in subsequently recognizing the
E.g.: Fiber Inspection Board, Phil Patent validity of the transfer by making appropriations
Office, Office of the Insurance for the purpose of carrying out the transferred
Commissioner function.
5) Agencies set up to function in situations wherein Constitutionally created admin agencies cannot
the gov’t is seeking under the police power to be abolished by statute, while admin agencies
regulate private business and individuals created by statute or through the authority of a
E.g.: SEC, Board of Food Inspectors, statute may be validly abolished and reorganized
MTRCB, PRC by the legislature.
In general, how are the principles of separation It found its way into America as an
and non-delegation of powers applied in admin enlightened principle of free gov’t and has
agencies? become an accepted corollary of the
Laws enacted by the legislature prescribing the principle of Separation of Powers.
powers and functions of administrative agencies
must respect constitutional limitations. What is the ethical basis for the Rule?
Based on the principle of potestas delegate non
It is important to determine whether the transfer potest delegari
violates constitutional inhibitions since admin A delegated power constitutes not only a
agencies are usually vested rule-making and right but a duty to be performed by the
adjudicatory powers similar to legislative and delegate by the instrumentality of his own
judicial powers. judgment and not through the intervening
mind of another.
What are the most common limitations imposed
by the constitution? According to Judge Cooley
Constitutional principles of separation of powers One of the settled maxims in consti law is
and non-delegability of powers. that the power conferred upon the legislature
Prohibits the delegation of legislative power, to make laws cannot be delegated by that
the vesting of judicial officers with non- department to any other body or authority.
judicial functions, as well as the investing of
non-judicial officers with judicial powers. Where the sovereign power of the state has
located the authority, it must remain there,
It is for these reasons that the principles of and by that constitutional agency alone the
separation and non-delegation of powers are laws must be made until the Consti is
intertwined with the 1st & 3rd segments in the changed.
study of admin law.
The power to whose judgment, wisdom, and
What is the effect of the emergence of patriotism this high prerogative has been
administrative agencies in the execution of laws entrusted cannot relieve itself of the
and promulgation of rules and regulations? responsibility by choosing other agencies
It has to a large extent, relaxed the rigidity of the upon which the power shall be devolved, nor
theory of separation of powers by permitting the can it substitute the judgment, wisdom and
delegation of greater power by the legislature patriotism of another body for those to w/c
and vesting a large amount of discretion in the people alone have seen fit to confide this
administrative and executive officials sovereign trust.
What is the Rule of Non-Delegation of Powers? What is the applicability of this Rule to
No department of the gov’t (legis, exec & Legislative Power?
judiciary) can abdicate authority or escape The rule is applicable to all 3 departments, but
responsibility by delegating any of its power to has found greater persistent application to the
another body. prohibition against the delegation of legislative
power.
EXCEPT: when such delegation is authorized
by Consti. According to Locke:
Legislative neither must nor can transfer the
EFFECT of delegation: It is VOID under the power of making laws to anybody else, or
maxim of potestas delegate non potest delagari place it anywhere but where the people
have.
What is the origin of the Rule of Non-Delegation
of Powers? Rule against delegation of legislative power is
This rule is wholly judge-made. fixed and unalterable, not depending upon the
Justice Laurel in People v. Vera gave the origin existence of an emergency.
as follows:
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Unconstitutional delegation of power is n o t 5) Delegation of power to ascertain facts,
validated by the establishment of: contingencies, or events upon which the
Procedural safeguards; applicability or non-applicability of a law is
Right of judicial review; or made to depend;
Assumption that the officer acts and will 6) Delegation of powers to the people at large,
act for the public good. when such has been reserved in the Constitution;
7) Delegation of power to the executive in the field
Is the prohibition provided by the Rule absolute? of foreign or international relations.
The rule does not embrace every power the
legislature may properly exercise. * Note: Strictly speaking there are only two
Any power NOT legislative in character instances of permissible delegation that is nos. 1&2,
which the legislature may exercise, it may exceptions no. 3-7 are exceptions in a broader sense.
delegate.
What are permissible delegations under the
What the rule precludes is the: Constitution?
(1) Delegation of powers which are strictly and
exclusively legislative; and 1973 Constitution, Art. VIII, Secs. 15 & 17(2)
[these are now contained in Art. VI, Sec. 23(2)
(2) The legislature’s abdication of its own & 28(2) of the 1987 Consti respectively]
power and the conferring of such power
upon an administrative agency to be In times of war or other national emergency, the
exercised in its uncontrolled discretion. Nat’l Assembly (now Congress) may by law authorize
the Prime Minister (now President), for a limited
Supreme essential power that the legis period and subject to such restrictions as it may
CANNOT delegate is the power to make law, at
prescribe, to exercise powers necessary and proper to
least purely substantive law.
Legislature can’t delegate to admin agencies carry out a declared national policy. Unless sooner
the determination of: withdrawn by resolution of the Nat’l Assembly, such
What the law shall be powers shall cease upon its next adjournment.
Whom it may be applied
What acts are necessary to effectuate the The national assembly may by law authorize the
law. Prime Minister to fix within specified limits, and
subject to such limitations and restrictions as it may
The essentials of the legislative function are: impose, tariff rates, import and export quotas, tonnage
The determination of the legislative and wharfage dues, and other duties and imposts.
policy; and
The formulation and promulgation as a In the Emergency Powers Cases, the SC
defined and binding rule of conduct. interpreted Sec. 22(2) of 1935 Consti and ruled:
(stated otherwise, it is the determination of
the legislative policy and legislative The grant of emergency powers to the
approval of a rule of conduct to carry that President in times of war or any other
policy into execution.) national emergency should be for a “limited
period”. And such powers are
Consti has never been regarded as denying to the Self-liquidating in nature
legislature the necessary resources of flexibility Co-extensive and co-existent with the
and practicality to perform its functions. emergency w/c gave rise to the grant
thereof.
The legislature may delegate to an
administrative agency the exercise of a When Congress is able to meet and regularly
limited portion of its legislative power with perform other duties under the Constitution,
respect to some specified subject matter. an automatical extinction of the law
delegating such emergency powers results.
What are the exceptions to non-delegation of
powers by legis? In one case, Justice Padilla (concurring
1) When permitted by the Constitution itself;* opinion) said that:
2) In case of delegation of legislative powers to To withdraw, terminate or revoke the
local gov’ts* delegation of legislative powers to the
3) Delegation of the power to “fill in” details; President, a concurrent resolution
4) Delegation of rule-making and adjudicatory would be sufficient.
powers to admin bodies, PROVIDED,
ascertainable standards are set;
What is the exception of Delegation of Powers to What is the exception of Delegations of Powers to
Local Gov’ts? Admin Bodies?
Rule is sanctioned by the practice that delegation With the increasing complexities of modern life,
to local authorities does not transgress the it was found that neither the legislature nor the
principle of non-delegation. courts were equipped to administer the laws.
Local affairs shall be managed by local
authorities and general affairs by the central Legislature is not always in session and can
authority. agree only on general policies but not on matters
of detail.
The creation of municipalities exercising There is also a danger that too detailed
local self-government has never been held to control and regulation on the part of the
trench upon the rule and is not regarded as a statute creating admin bodies may hamper
transfer of general legislative power but their efficiency and render them impotent in
rather as the grant of authority to prescribe: the face of changing conditions.
Local regulations accdg. to immemorial
practice To enable admin agencies to achieve their
Subject to the interposition of the functions efficiently and effectively, the
superior cases of necessity. legislature has granted to them the power to
adjudicate on cases arising w/n the scope of
their activities.
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state of things upon which the law makes, or
SC has constantly held that there is no undue intends to make, its own action to depend.
delegation of powers to admin agencies so long
as the legislature: There are many things upon which wise and
(1) Lays down a policy useful legislation must depend which cannot
(2) Provides a standard by which an be known to the lawmaking power, and
administrative body may be guided. must, therefore, be a subject to inquiry and
determination outside the halls of
While it is “not necessary that Congress supply legislation.
administrative officials with a specific formula
for their guidance, it is yet mandatory that What is the exception of Delegation of Powers to
Congress shall lay down by legislative act an the People at Large?
intelligible principle which the agency is bound People in their sovereign capacity have
to follow. voluntarily delegated the power to enact laws to
the legislature, and conversely, no objection may
What are the advantages of Delegation of Power be raised where the people have expressly
to Administrative Agencies? reserved to themselves in the Consti the power
1) It relieves the legislature of a great burden of of decision with respect to certain matters.
work in respect to which it has no special
competence, and thus enables it more largely to Under Art. XVI, Sec. 2 of 1973 Consti (now
direct its attention to matters of general import; Art. XVII, Sec. 3, 1987 Consti) the people
have reserved to themselves the finality of
2) It entrusts the drafting of detailed provisions, decision with respect to approval of any
which are usually of a highly technical changes in the Consti.
character, to the agencies most familiar with the
conditions to be met and which will have the What is referendum?
responsibility of their enforcement; It is the principle or practice of referring
measures passed upon by the legislative to a
3) It permits a great flexibility in adopting the body of voters, or electorate, for approval or
regulations to the different classes of individuals rejection.
or interests affected; and
Also defined as the reservation by the people of
4) It makes possible the prompt modification of a a state, or local subdivision thereof, of the right
provision as soon as experience demonstrates to have submitted for their approval or rejection
that it is unsatisfactory. under certain prescribed conditions, any law or
part of a law passed by the law making body.
What is the exception of Delegation of Power to
Ascertain Facts and Events to determine the Referendum according to weight of authorities is
applicability of the law? not violative of a republican gov’t.
Congress may enact a law the taking effect of
w/c is made to depend upon the happening of What are the Tests of Validity of Delegation of
future specified contingencies to be determined powers?
by executive or administrative offices/agencies. Two tests have been resorted to by the courts in
deciding delegation of power cases these are:
The power to ascertain the existence of facts or (1) The completeness or incompleteness of the
conditions as the basis of taking into effect of a statute; and
law may be rightfully exercised by Congress (2) The absence or sufficiency of standard.
itself and since it is NOT legislative in character,
it may be delegated. These two tests have apparently been merged
into one as held in Vigan Electric Light Co. Inc.,
Cruz v. Youngberg vs. Public Service Commission & Pelaez vs.
To assert that a law is less than a law Auditor General:
because it is made to depend on a future For a valid delegation, it is essential that the
event or act, is to rob the legislature of the law delegating powers must both be:
power to act wisely for the public welfare a) Complete in itself – it must set forth the
whenever a law is passed relating to a state policy to be executed by the delegate;
of affairs not yet developed or to things and
future and impossible to fully know.
b) Fix a standard – the limits of which are
Legislature cannot delegate its power to sufficiently determinate or determinable
make the law; but it can make a law to – to which the delegate must conform.
delegate its power to determine some fact or
Rhys Alexei Y. Murillo Page 10 of 45
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What is the “Completeness or Incompleteness of lawful, Justice Hughes provides for three criteria
the Statute” Test? that must be met:
A law must be complete in all its terms and (1) The “policy” must be clearly defined in the
provisions when it leaves the legislative branch language of the statute and not left to the
of gov’t. discretion of the “grantee” or “delegate”
Nothing is left to the judgment of others, or
other appointee or delegate of the (2) The statute must pronounce “standards” to
legislature. guide the executory behavior of the delegate
or grantee; presumably, such standards
A law is unconstitutional and deemed as an would also have the virtue of giving the
improper delegation of legislative power where: Court something to determine, upon judicial
It is incomplete as a legislation; and review, whether the subordinate action was
Authorizes an executive board to decide ultra vires in relation to the law.
what shall and what shall not be deemed as
an infringement of the law. (3) Formal “findings” by the delegate or
grantee would be a condition precedent to a
valid exercise of such delegated authority,
assuming that the statute satisfied the above
A statute is COMPLETE when the following are “policy” and “standards” criteria.
stated: The delegate must specify in his order
(1) Subject of the law the facts and circumstances that justified
(2) The manner of its application the action that he purported to take
(3) The extent of its operation under the statute delegating to him his
authority to act.
The test of completeness is the question of
whether the provision is sufficiently definite and What is a standard? (Edu v. Ericta)
certain to enable one to know his rights and It is a criterion laid down by the legislature by
obligations. which the policy and the purpose of the law may
It is not improper delegation when the legis be carried out.
already describes in the law what job must
be done, who must do it, and the scope of It defines the legislative policy, marks its limits,
his authority. and maps out its boundaries.
When statutes delegate discretion, is it necessarily It indicates the circumstances under which the
incomplete? legislative command is to be effected.
A statute is NOT necessarily incomplete and an
undue delegation of power because it delegates Some Delegation Cases discussed in the book
discretion. (doctrines only)
Vigan Electric Light Co., Inc. v. Public Service
It becomes incomplete depending upon the Commission
discretion delegated. The true distinction is Consistently with the principle of separation
between the delegation of power: of powers w/c underlie our constitutional
To make the law – w/c necessarily involves system, the legislative powers may not be
a discretion as to what the law shall be delegated except to local gov’ts and only as
(improper delegation) to matters purely of local concern.
“Simplicity, Economy and Efficiency “as a HELD: Distinction should be made between
Standard: the delegation of the power to determine what the law
shall be and the delegation of authority to fix the
CERVANTES v. AUDITOR GENERAL details in the execution or enforcement of a policy set
(GR No. L-4043, prom. May 26, 1952) out in the law itself. The delegated authority falls
under the second category for which a reasonable
Petitioner was in 1949, the manager on the standard has been set. Sec 74 of RA 265 conferred
NAFCO with the salary of P15T a year. By resolution upon the Monetary Board and the President the power
of the Board of Dir of the said corporation, he was to subject to licensing all transactions in gold and
granted quarters allowance of not exceeding P400 a foreign exchange in order to protect the international
month. Submitted to the Control Committee of the reserve of the Central bank during an exchange crisis
Gov’t Enterprises Council for approval, said resolution and to give the Board and the Gov’t time in which to
was disapproved on the strength of the take constructive measures to combat such crisis. The
recommendation of the NAFCO auditor concurred in Board is likewise authorized “to take such appropriate
by the Auditor General. The Gov’t Enterprises remedial measures as are appropriate” to protect the
Council was created by the President under EO 93 international stability of the p e s o whenever the
pursuant to RA 51, which authorizes the President to international reserve is falling, as a result of the
effect such reforms and changes in GOCC’s for the payment or remittance abroad w/c, in the opinion of the
purpose of promoting “simplicity, economy, and Board, are contrary to the national welfare.
efficiency in operations”. Petitioner challenged the Furthermore, these powers must be construed and
action of the Gov’t Enter. Council and contended that exercised in relation to the objectives of the law to
EO 93 is an undue delegation of power. maintain monetary stability in the Phil and to promote
a rising level of production employment and real
HELD: So long as the legislature lays down a income in the Phil. These standards are sufficiently
policy and a standard is established by the statute, there
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GIL BALBUNA v. SEC OF EDUCATION (1) The legislature MAY NOT confer discretion
(GR No. L-14283, prom. Nov. 29, 1960) in the execution or administration of the
law; and
Petitioners, members of the religious sect
“Jehovah’s Witnesses” challenged the constitutionality (2) The legislature MUST DECLARE a policy
and FIX a standard in enacting a statute
of RA 1265 by virtue of w/c the Sec. of Education conferring discretionary power upon an
issued Dept. Order No. 8, prescribing compulsory flag administrative agency.
ceremony in all schools as an undue delegation of The agency may be authorized to “fill
legislative power. Sec 1 of the said act requires all up the details” in promoting the purpose
educational institutions to observe daily flag ceremony, of the legislation and carrying it into
which shall be simple and dignified and shall include effect.
the playing or singing of the Phil National anthem. Sec
Although in general, the power to legislate
2 thereof authorizes the Sec of Educ to issue rules and CANNOT be delegated, the legislature has the
regulations for the proper conduct of the flag right to delegate to designated agencies certain
ceremony. powers of fact-finding and regulation it
possesses as long as legislature:
HELD: The requirements constitute an Fixes the limits within w/c such powers are
adequate standard to wit, simplicity and dignity of the to be exercised.
flag ceremony and the singing of the national anthem –
What are the powers vested in the Legislature by
especially when contrasted with other standards the Consti w/c cannot be delegated to Admin
heretofore upheld by the courts such as public interest, agencies?
public welfare, interest of law and order, justice and The powers to:
equity, and substantial merits of the case, or adequate Declare whether or not there shall be a law
and efficient instruction. That the legislature did not To determine the general purpose or policy
specify the details of the flag ceremony is no objection to be achieved by the law
to the validity of the statute, for all that is required of it To fix the limits within which the law shall
operate
is the laying down of standard and policy that will limit
the discretion of the regulatory agency. To require the Can the Legislature delegate the above powers
statute to establish in detail the manner of exercise of without violating the Constitutional prohibition?
the delegated power would be to destroy the Where the legislature has laid down the
administrative flexibility that the delegation is intended fundamentals of a law (as discussed above, e.g.
to achieve. policy and standard), it may delegate to
administrative agencies the authority to exercise
Where should the “Legislative Standard” be such legislative power as is necessary to carry
located and found? into effect the general legislative purpose.
It is desirable that it be embodied in the very
provision of the statute delegating the authority, Is there a need for “Clear Legislative Intent to
although it may be found elsewhere like when Delegate” in cases of delegation of powers?
other provisions are considered. Legislature may confer on admin boards or
bodies quasi-judicial, powers involving the
The purpose of the law may NOT be left out in exercise of judgment and discretion, as an
the ascertainment of the standard. incident to the performance of admin functions.
The standards need not be tested in isolation
but referred to the purpose of the law, its
factual background and its statutory context. Legislature MUST state its intention in
EXPRESS terms that would leave not doubt.
Bill Miller v. Atanacio A. Mardo et al. Administrative authorities having the power to
Judicial powers are vested only in the SC determine certain questions after a hearing may
and in such inferior courts as may be make use of subordinates to hold the hearing,
established by law. and make their determinations upon the report of
the subordinates, without violating the principles
The legislature could not have intended to as to fairness of hearing or delegation of powers.
grant such powers to the Reorganization
Commission, an executive body, as the
Legislature MAY NOT and CANNOT
delegate its power to legislate or create CHAPTER IV
courts of justice to any other agency of the POWERS AND FUNCTIONS OF
gov’t. ADMINISTRATIVE AGENCIES
The legislature must state its intention in What is the Source and Scope of the Powers and
express terms when conferring upon admin Functions of Administrative Agencies?
boards or bodies quasi-judicial powers Powers and functions of Admin agencies are
involving the exercise of judgment and defined either in:
discretion as incident to the performance of (1) Constitution;
admin functions. (2) Legislation; or
(3) Both.
What is Subdelegation in Administrative
Agencies? Admin boards, commissions, and officers have
It is the transmission of authority from the heads no common-law powers.
of agencies to subordinates.
What is the effect if the powers and functions are
“Sound principles of organization demand that created by statutes or left only to be defined by
those at the top be able to concentrate their thelegislature?
attention upon the larger more important Such powers are limited only to those that are
questions of policy and practice, and that their conferred expressly or by fair implication.
time be freed, so far as possible, from the
consideration of the smaller and less important An admin officer, has only such powers as are
matters of detail.” expressly granted to him and those necessarily
implied in the exercise thereof.
What is the Extent of Permissible Subdelegation
of Authority?
The permissible extent depends primarily upon
the intent of the legislature. Makati Stock Exchange Inc., v. SEC
The test is not whether the Act forbids the
The general principle of “delegates potestas non Commission for imposing a prohibition but
potest delegare” provides that a delegated power whether it empowers the Commission to
may not be further delegated by the person to prohibit.
whom such power is delegated.
No specific portion of the statute has been
Merely ministerial functions may be delegated cited to uphold this power.
to assistants whose employment is authorized.
It is fundamental that an administrative
There is NO authority to delegate (subdelegate) officer has only such powers as are
acts discretionary or quasi-judicial in nature. expressly granted to him by the statute, and
Authority from the legislature is necessary those necessarily implied in the exercise
to the power of a commission to appoint a thereof.
general deputy who may exercise quasi-
judicial powers. How should the Grant of Powers to Admin
Agencies be Construed?
What are the Powers usually exercised by Admin What are the General Kinds of Administrative
Agencies? Rules & Regulations?
The powers and functions usually granted to and 1) Supplementary or Detailed Legislation
exercised by administrative agencies are: Rules and regulations issued by reason of
(1) Rule making particular delegation of authority.
(2) Adjudication
(3) Incidental powers such as: 2) Interpretative Rules and Regulations
a. Investigating Rules and regulations constructing or
b. Supervising interpreting the statute being administered
c. Prosecuting
d. Advising 3) Contingent Legislation
e. Declaring Rules and regulations involving
f. Informally adjudicating. determination under a delegated power
whether a statute shall go into effect
What is the Administrative Rule-Making or
Quasi-Legislative Power? What are Supplementary or Detailed
It is the power to: Legislations?
(1) Promulgate rules and regulations or general These are issued by an administrative agency
orders which are legally binding and receive pursuant to a delegated authority to fix “the
statutory force upon going into effect; and details” in the execution or enforcement of a
policy set out in the law itself.
(2) Formulate interpretative rulings or
regulations w/c do NOT receive statutory They add to the procedural or enforcing
force but are accorded great weight when provisions of substantive law w/c in a sense
questioned in court. involve the exercise of discretion of the
lawmaker in the administrative body, to be
SC has held that an agency that issues rules and exercised within the confines of definite
regulations has in a sense auxiliary or prescribed standards.
subordinate legislative powers and is therefore
legislation on the administrative level.
The Reason behind this is that Congress may What is the effect of an erroneous construction of
enact a law the taking effect of which is made to a statute by an administrative agency?
depend upon the happening of future specified It cannot operate to confer a legal right in
contingencies to be determined by executive or accordance with such construction.
administrative officers or agencies.
Do administrative constructions and
The power to ascertain facts is a power NOT interpretations control a court’s decision as to the
essentially legislative and may be delegated. proper construction of the statute?
No. But, generally or in particular
What is Administrative Construction and circumstances, courts give it great weight and
Interpretation? such may have a very persuasive influence and
Admin agencies in the discharge of their duties may actually be regarded by the courts as the
are necessarily called upon to construe and apply controlling factor.
the law under which they function.
In cases of doubt, there is an inclination to adopt
The necessity for the exercise of the power of the administrative construction, which will NOT
construction and interpretation does NOT: be disturbed by the courts EXCEPT for cogent
Change the character of a ministerial duty; and persuasive reasons and clear conviction of
or error.
Involve an unlawful use of legislative or
judicial power. This is particularly true with regard to
regulations enacted pursuant to a broad rule-
Admin agencies may also interpret their own making power existing under a statute
rules which have the force and effect of law. conferring a privilege to be exercised “under
regulations prescribed” by an administrative
These are appropriate aids toward eliminating agency.
construction and uncertainty in doubtful cases.
Rhys Alexei Y. Murillo Page 17 of 45
ADMINISTRATIVE LAW – Atty. Chan-Gonzaga/Dean Roy II-D 2003-2004
What is the effect of a Change in Construction? Is the power to fix Rates Legislative or Quasi-
A construction of a statute by those Judicial?
administering it, even though long continued, is It partakes a legislative character when:
NOT binding on them or their successors IF, Rules and/or rates laid down by an
thereafter, they become satisfied that a different administrative body are meant to apply to all
construction should be given. enterprises of a given kind, throughout the
Philippines. (No previous notice or hearing
RATIO: Prior administrative practice is always is required in these cases.)
subject to change through exercise by the
administrative agency of its continuing rule It partakes a judicial character when:
making power. Rules and/or rates apply:
(1) Exclusively to a particular party
When is Notice and Hearing in the Promulgations (2) It is predicated upon a finding of fact
of Rules and Regulations NOT Required? (based upon a report submitted by the
There is no constitutional necessity for a hearing Gen Auditing Office)
as prerequisite to the promulgation of a general (3) Such fact is denied by said party.
regulation by an admin body.
In the absence of a statutory restriction, an In these cases, SC has held that in making
administrative agency may ascertain in any said findings of fact, the agency performed a
manner it sees fit what rules should be made. function partaking of a quasi-judicial
character w/c demands previous notice and
When the rule is procedural in nature or where hearing for its valid exercise.
the agency’s “rules” are in effect no more than
legal opinions, no notice is required. What are the Requisites for the Validity of
Administrative Rules and Regulations?
Notice is also NOT required in the preparation 1) The rules and regulations must have been issued
of substantive rules where: on the authority of law;
(1) The class to be affected is large 2) The rules and regulations must be within the
(2) Questions to be resolved involve the use of scope and purview of the law; and
wide discretion which has been committed 3) Rules and regulations must be reasonable.
to the rule-making agency
Explain the First Requisite.
When is Notice and Hearing in the Promulgations It is essential that the authority of an admin
of Rules and Regulations Required? agency to issue them must be based upon some
Actual notice and opportunity for hearing may legislative act.
be required if the rule or order is:
(1) directed specifically to a party or a compact There must be a law authorizing it to issue rules
group; and and regulations.
(2) The administrative agency exercises only a
limited degree of discretion. Explain the Second Requisite.
Rules and Regulations must be within the
*Note: The rules (WON hearing is required) are authority conferred upon the admin agency.
subject to the statutory requirements or restrictions A rule which is broader than the statute
upon administrative agencies. empowering the making of the rules cannot
be sustained.
If required, what kind of Notice and Hearing
should administrative agencies employ? Admin authorities must strictly adhere to the
Where notice and hearing are required before the standards, policies, and limitations provided in
promulgation of a regulation, the admin agency the statutes vesting power to them.
concerned is NOT required to conduct a quasi-
judicial proceeding. Regulations are valid only as subordinate rules
when found to be within the framework of the
It is sufficient if it is of the same order as had policy which the legislature has sufficiently
been given by congressional committees when defined.
the legislative process was in the hands of the
Congress. The regulations adopted under legislative
authority must be in execution of or
It need NOT be shown that the rule or order is supplementary to, but not in conflict with, the
supported by evidence taken at the hearing, law itself.
EXCEPT when there is a specific statutory As long as the regulations relate solely to
requirement for such. carrying into effect the provisions of the
law, they are valid.
Rhys Alexei Y. Murillo Page 18 of 45
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An administrator has a large range or choice in
The delegated power cannot extend to amending determining what regulations or standards
or adding to the requirements of the statute should be adopted.
itself. One cannot object and claim that another
choice could reasonably have been made, or
It is to be presumed that the regulations adopted that experts disagreed over the desirability
were to carry out only the provisions of the of a particular standard or that some method
statute and NOT to embrace matters not of regulation would have accomplished the
covered, nor intended to be covered thereby. same purpose and would have been less
onerous.
Administrative rules and regulations must be
germane to the object and purpose of the law It is enough that:
and conform to the standards that the law The administrator has acted within the
prescribes. statutory bounds of his authority; and
They cannot supplant the plain and explicit His choice among possible alternatives,
command of the statute. An admin agency adapted to the statutory ends, is one
cannot amend an act of Congress. which a reasonable person could have
made.
Explain the Third Requisite.
Admin agencies may not act arbitrarily and What is the Power to fix Rates and Charges?
capriciously in the enactment of rules and The power to fix or limit the rates or charges
regulations in the exercise of their delegated exacted by public service corporations, such as
powers. railroads and other carriers, telephone
companies, gas, electric, power, and bridge
Whether required by statute or judicial companies may be conferred upon
decisions, the regulations must be reasonable to administrative authorities without involving any
be valid. unlawful delegation of legislative power.
They must be reasonably adapted to secure the Same rule has been applied in the regulation of
end in view, and are invalid if shown to bear no prices in other businesses, personal services and
reasonable relation to the purposes for which commodity prices.
they are authorized to be made.
Authorizing a commission to change existing
Rules and regulations must: rats fixed by legislature itself is valid for in such
(1) Be reasonably directed to the a case, the legislature itself has repealed the
accomplishment of the purposes of the prior enactment, only leaving to the commission
statute under which they are made, to fix the time when such repeal shall become
(2) Tend to its enforcement, or operative.
(3) Be reasonable adapted to secure the end in
view. The only standard that legislature must prescribe
for the guidance of the administrative authorities
The requirement simply means that the is that the rate be reasonable and just.
regulation must be based upon reasonable This standard is implied in the absence of an
grounds – that is supported by good reasons. express requirement as to reasonableness.
Reasonableness of rules and regulations are
determined by: Can Administrative Agencies promulgate
a) Their relationship to the statutory Administrative Rules with Penal Sanctions?
scheme they are designed to Any criminal or penal sanction for the violations
supplement, protect and enforce. of such rules and regulations MUST come from
b) Stated objectives of the legislation. the legislature itself.
Admin authorities may NOT initiate such
Whether a regulation is reasonable depends on sanctions.
the character or nature of the conditions to be
met or overcome, and the nature of the subject To declare what shall constitute a crime and how
matter of a rule may affect its reasonableness. it shall be punished is a power vested solely in
Ex: Regulation of activities involving mere the legislature and it may NOT be delegated to
privileges (sale of alcohol, conduct of jai any other body or agency.
alai) is accorded liberal judicial support, and Prescribing of penalties is a legislative
the court is slow to find such regulations function.
unreasonable.
A Commission may not be empowered to
impose such penalties for violations of
Rhys Alexei Y. Murillo Page 19 of 45
ADMINISTRATIVE LAW – Atty. Chan-Gonzaga/Dean Roy II-D 2003-2004
duties which it creates under a statute purpose of carrying into effect its general
permitting it to make rules. provisions.
The regulations should NOT extend the
Is the abovementioned prohibition absolute? law itself.
The legislature may validly provide a criminal or
penal sanction for the violation of the rules and When is Publication of Administrative Rules and
regulations which it may empower Regulations Necessary?
administrative authorities to enact. Administrative rules and regulations which are
general in character and which carry criminal
What are the Requisites for the Validity of or penal sanctions, publication is necessary.
Administrative Regulations with Penal
Sanctions? While such are not statutes or law, these are
1) The law authorizing administrative authorities to issued in implementation of the laws
issue rules and regulations must itself declare as authorizing their issuance and have the force
punishable the violation of rules and regulations and effect of law.
issued under its authority.
RATIO: General principle and theory that
2) The law should define or fix the penalty for the before the public is bound by their contents,
violation of rules and regulations. especially their penal provisions, such
regulations must first be published and the
3) Publication in the Official Gazette be made. people officially and specifically informed
of their contents and penalties.
What is an illustration of the above
Requirements? Art. 2, NCC provides that laws are to take effect
15 days following the completion of their
Under Sec 6 of RA 3018 which nationalizes the publication in the OG, UNLESS otherwise
rice and corn industries in the Philippines, the Rice provided.
and Corn Board is authorized to “issue such rules
and regulations as may be necessary to carry out the When is Publication of Administrative Rules and
provisions of this Act.” Sec. 7 of the same RA Regulations NOT Necessary?
provides: “Violation of the provisions of this Act or The requirement above does not apply when the
any rules and regulations issued thereunder shall be administrative regulation:
punished by imprisonment of not less than 5 yrs nor (1) Merely interprets the provision of a law
more than 10 yrs and a fine of not less than 5T no being administered for the proper guidance
more than 10T and immediate deportation. of those concerned; and
In this particular case (requirement #1) it is (2) Merely furnishes the implementing details
the law itself authorizing the issuance of of another regulation already duly published.
rules and regulations and that declares as
punishable the violation “of any rules and What is the Legal Force and Effect of
regulations issued thereunder”. Administrative Rules and Regulations?
Rules and regulations, and General Orders
It is also the law (requirement #2) which enacted by admin authorities pursuant to the
prescribes the penalty for such violation. powers delegated to them have the force and
effect of law and are:
Binding on all persons subject to them; and
Courts will take judicial notice of them.
People v. Manceren (electro-fishing case)
SC held that admin agencies are clothed Compliance with valid admin rules and
with rule-making power because the regulations is compliance with the law.
lawmaking body finds it impracticable, if
not impossible to anticipate and provide for Regulations in accordance with specific
the multifarious and complex situations that delegated authority in the enabling act have
may be encountered in enforcing the law. uniformly been held to have the force and effect
All that is required is that the regulations of law if found to have been in consonance and
should be germane to the standards that in harmony with the general purposes and
the law prescribes. objects of the enabling or governing acts.
Admin regulations adopted under legislative Rules on procedure, pleading, evidence and
authority must be in harmony with the practice promulgated by an administrative
provision of law, and should be for the sole agency under proper delegatory authority have
the force and effect of law as well.
Rhys Alexei Y. Murillo Page 20 of 45
ADMINISTRATIVE LAW – Atty. Chan-Gonzaga/Dean Roy II-D 2003-2004
What is the Extent of the Acts of Administrative How are Quasi-Judicial Powers conferred?
Agencies? Legislature may confer on administrative boards
Duly executed acts of admin bodies can have or bodies quasi-judicial powers involving the
legal effects beyond the life span of that body. exercise of judgment and discretion as incident
to the performance of administrative functions.
Rules and regulations issued under a law
expressly providing that “they shall be in full What are the limitations of the Quasi-Judicial
force and effect until Congress of the Phil shall Powers?
otherwise provide” are good only up to the life (1) The legislature must state its intention in
of the law itself. express terms that would leave no doubt, as
Rhys Alexei Y. Murillo Page 21 of 45
ADMINISTRATIVE LAW – Atty. Chan-Gonzaga/Dean Roy II-D 2003-2004
such quasi-judicial prerogatives must be limited Refers to the authority to:
only to those: Exempt from or relax a general prohibition,
a. Incidental to, or Ex: Authority of zoning boards to vary
b. In connection with the performance of the provisions of a zoning statute or
admin duties. ordinance.
- OR -
(2) The grant must not amount to conferment of Relieve from an affirmative duty.
jurisdiction over a matter exclusively vested in Ex: Authority of Public Service
the courts. commission to permit the abandonment
of service by carriers.
What are the Classifications of Adjudicating
Powers? What are Examining Powers?
Adjudicatory or quasi-judicial powers also Also known as investigatory or inquisitorial
called determinative powers are generally powers which include the power to inspect or to
classified into: secure or to require the disclosure of information
(1) Enabling Powers; and by means or accounts, records or otherwise.
(2) Directing Powers.
Powers included in the investigatory or
What are Enabling powers? inquisitorial powers are:
Refer to those powers granted to administrative (1) Subpoena
bodies to permit or allow something which the (2) Swearing of Witnesses
law undertakes to regulate to be done by their (3) Interrogating Witnesses
approval. (4) Calling for Production of books, papers and
records
The chief application of this power is of course, (5) Requiring that books, papers and records be
in the granting or denial of licenses to engage in made available for inspection
a particular business or occupation. (6) Inspection of premises
Examples: (7) Requiring written answers to questionnaires
Power of the Board of Transportation to (8) Requiring reports, periodic or special
issue certificates of public convenience (9) Requiring of filing of Statements
or necessity.
What are Summary Powers?
Power of SEC to permit the issuance of Refer to the authority of administrative agencies
securities to apply compulsion or force against person or
property to effectuate a legal purpose without
Powers of Phil Patent Office to issue judicial warrant to authorize such action.
patents and copyrights, and register
trade-marks and trade names These powers are exemplified by the authority
of admin agencies in the fields of health,
Power of Central Bank to license Banks. banking, agriculture, animals, aliens, game laws,
building regulations, licenses, nuisances,
What are Directing Powers? schools, taxation and other fields.
These include the powers of abstract
determination – such as definition, valuation, In the absence of a statutory grant of power,
classification and fact finding – and dispensing, admin authorities MAY NOT themselves
examining and summary powers. enforce their determinations, at least not by
Illustrated by: direct and positive action.
Corrective powers of Public Utility
Commissions, Ex: Collector under the NIRC may resort to the
Powers of assessment under the revenue summary proceedings of distraint and levy for
and assessment laws the collection of taxes.
Reparations under Public Utility Laws
Awards under the workmen’s What is the Nature of the Administrative
compensation laws Proceedings in the Exercise of Quasi-Judicial
Powers?
What are the Kinds of Directing Powers? They partake of the nature of a judicial
Directing powers are further classified into: proceeding.
(1) Dispensing Powers A proceeding requiring the taking and
(2) Examining Powers weighing of evidence, the determination of
(3) Summary Powers facts based upon the consideration of
evidence and the making of an order
What are Dispensing Powers?
Rhys Alexei Y. Murillo Page 22 of 45
ADMINISTRATIVE LAW – Atty. Chan-Gonzaga/Dean Roy II-D 2003-2004
supported by findings has a quality consent of the parties, nor can they be made
resembling that of a judicial proceeding. effective by waiver or estoppel.
Can jurisdiction of Admin agencies be affected by 4) Proceedings must have been conducted in such a
the Consent, Waiver or Estoppel of the party way that there will be opportunity for a court to
litigants? determine whether the applicable rules of law
An admin agency CANNOT enlarge its own and procedure were observed.
jurisdiction nor can jurisdiction be conferred
upon the agency by parties before it. What does Administrative Due Process Include?
Right of a party to confront and cross-examine
Deviations from an agency’s statutorily opposing witnesses in a judicial litigation or
established sphere of action cannot be upheld before admin tribunals exercising quasi-judicial
because based upon agreement, contract, or
Rhys Alexei Y. Murillo Page 23 of 45
ADMINISTRATIVE LAW – Atty. Chan-Gonzaga/Dean Roy II-D 2003-2004
powers is a fundamental right which is a part of 1) Right to a Hearing
due process. Includes the right of the party interested or
affected to present his own case and submit
Due process contemplates notice and evidence in support thereof.
opportunity to be heard before judgment is
rendered affecting one’s person or property. Liberty and property of the citizen shall be
There is substantial compliance where the protected by the rudimentary requirements
claimant to the position in question was of fair play.
accorder a full hearing prior to the rejection
of his claim. 2) Tribunal Must Consider the Evidence
Presented
Due process is not denied where the Right to adduce evidence, w/o the
admission of a party in his pleadings corresponding duty on the part of the board
dispenses with the need for a formal hearing. to consider it is a futility.
There is no denial of due process where the 3) Decision must have something to support itself
adverse parties were given the opportunity A decision with absolutely noting to support
to file a motion for reconsideration of an it is a nullity.
order which was issued pursuant to a
petition filed without prior notice to them. 4) Decision must be based on substantial
evidence.
Can Administrative Agencies exercising Quasi- Substantial evidence is more than a mere
Judicial functions delegate to its subordinates the scintilla.
Authority to Hear and Receive Evidence? • It means such relevant evidence as a
Power to decide resides solely in the admin reasonable mind might accept as
agency vested by law BUT this does NOT adequate to support a conclusion.
preclude a delegation of the power to hold a
hearing on the basis of which the decision of the Mere uncorroborated hearsay or rumor does
admin agency will be made. (see subdelegation) not constitute substantial evidence.
Admin officer is not precluded from utilizing, as 5) Decision must be rendered on the evidence
a matter of practical admin procedure, the aid of presented
his subordinates to investigate and report to him Decision must be rendered on the evidence:
the facts, on the basis of which he makes his • Present at the hearing; or
decisions. • At least contained in the record and
disclosed to the parties affected.
It is sufficient that the judgment and discretion
finally exercised are those of the officer The parties are protected in their right to
authorized by law. know and meet the case against them only
by confining the admin tribunal to evidence
Due process or the requirements of fair hearing disclosed by the parties.
do NOT mandate that the actual taking of
testimony be made before the same officer who 6) Tribunal must act on its or their own
will make the decision in the case. It is independent consideration of the law and facts
sufficient that the: of the controversy
a) Party is not deprived of his right to Board or its judges must act on their own
present his own case and submit and not simply accept the views of a
evidence in support thereof; and subordinate in arriving at a decision.
What are the Cardinal Rights to be Respected? What is the Summary of Elements that Must be
The following cardinal primary rights must be Present if Administrative Action is to be
respected in Quasi-judicial proceedings affecting sustained (as given by Walter Dodd)?
life, liberty and property:
2) There must be notice and an opportunity to be 4) In cases of expiration of the year for which the
heard. tax is due, the provincial treasurer shall advertise
the sale at public auction of the delinquent real
3) There must be a reasonable opportunity to property or so much thereof as may be necessary
know the claims of the opposing party and to to satisfy all taxes and penalties due and the
meet them. costs of sale.
2) An order of the Public Service Commission 10) A tax delinquency sale held on a date other than
revoking the right or authority of an operator that fixed in the notice as advertised, it being a
under its certificate of public convenience to requirement of law that notice of such sale to the
make extra or special trips without notice and delinquent tax-payers and landowners in
hearing. particular, and to the public in general, be made,
non-fulfillment of which vitiates and nullifies
3) Order of the Public Service Commission the sale and if it appears necessary to postpone
granting an applicant a certificate of public the sale indefinitely, new notices to the
convenience after excluding said line from the taxpayers and to the public should be made.
hearing thereby depriving the oppositors of the
right to present evidence in support of their 11) In this case, a workmen’s compensation award
opposition. was issued without hearing on the failure of the
employer to controvert the claim. Although
4) An order of the Public Service Commission admitting non-convtroversion, the employer
limiting the period of the certificate of public corporation argued that this merely meant that it
convenience of an operator where it appears the accepted the allegation in the claim that the
latter had never been given notice nor given an employee was “lost or missing”.
opportunity to be heard or present evidence.
Is Notice and Hearing Required in ALL cases of
5) Order of the Public Service Commission altering Administrative Determinations?
the route previously granted to a transportation Not every administrative determination affecting
operator to the prejudice of other operators private individuals requires notice and hearing.
without notice and hearing upon claim that is Only required in order to comply with due
merely a correction of clerical errors in a process of law only when some
decision previously rendered. constitutional right is claimed to be
invaded.
6) A resolution of a municipal council ordering the
elevation of a smoke-stack of an ice plant Notice and Hearing is NOT necessary in the
company within a period of one month from the absence of an express or implied statutory
approval of the said resolution otherwise said provision therefore, and a statute may provide
establishment will be closed or its operation for such determination without requiring notice
suspended, it appearing that no compelling and hearing if::
necessity justifies such summary action and (1) The purpose of an administrative
done without notice and hearing to the party determination is to decide WON a right or
affected. privilege which an applicant does not
possess shall be:
7) Action of the District Engineer and the a) granted to him or
Provincial Governor destroying the dam b) withheld in the exercise of a discretion
constructed by the plaintiff across a certain creek vested by statute,
without any judicial proceeding whatever under
pretense that such private property constitutes a (2) The power exercised is essentially
nuisance. administrative or executive and NOT
judicial or quasi-judicial.
8) A decision of the CIR authorizing a movie
production company to lay off 44 workers on the Even though the power exercised is quasi-
ground that it was suffering financial losses judicial, notice or hearing may not be essential
where it appears that the Presiding Judge to due process of law if no personal or property
thereof, instead of conducting a formal hearing rights are involved.
made an ocular inspection of the premises of the There are many cases in which powers of
company in the course of which he interrogated determination and action of a quasi-judicial
15 laborers on the basis of which the decision character are given to officers entrusted with
was rendered without receiving full evidence to duties of local or municipal administration
determine the cause or motive of the lay off of by which lives and properties of individuals
are affected, and from the very nature of
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ADMINISTRATIVE LAW – Atty. Chan-Gonzaga/Dean Roy II-D 2003-2004
these duties, they must be exercised without The differences in origin and function of courts
prior hearing or finally and conclusively and of administrative agencies preclude the
without any hearing , or even notice to the wholesale transportation to admin proceedings
parties who may be affected. of the rules or procedure, trial and review which
have evolved from the history and experience of
What are examples of administrative the courts.
determinations that even without prior notice
and hearing are still valid? It is a general rule that they are unrestricted by
1) Summary proceedings of distraint and levy upon the technical or formal rules of procedure which
the property of a delinquent taxpayer for the govern trials before a court.
collection of internal revenue taxes, fees, or The atmosphere of admin tribunals may be
charges, and any increment thereto. one of expeditiousness, expertness, or
liberally conceived remedies.
2) Preventive suspension of officer or employee Ex: Court of Industrial Relations is not
pending investigation narrowly constrained to technical rules
of procedure.
3) Removal of “acting” or “temporary” employees • The Industrial Act requires it to “act
according to justice and equity and
4) Cancellation of a passport where no abuse of substantial merits of the case,
discretion has been committed by the Secretary without regard to technicalities or
of Foreign Affairs legal forms and shall not be bound
bay any technical rules of legal
5) Summary abatement of nuisance per se which evidence but may inform its mind in
affects the immediate safety of person and such manner as it may deem just
property (remember property?) and equitable.”
There are cases however that hold that an admin Findings of quasi-jurisdictional facts by an
agency can take judicial notice of its own administrative agency are not sufficient
records or decisions or may act on the where ascertainment of their existence is left
knowledge of matters disclosed to it through its to conflicting inferences.
own records.
Some cases hold that the use of evidence 2) It must also state the law on which the decision
gathered from its own files is for a limited is based.
purpose of supplementing or checking and The decision must have something to
weighing evidence properly introduced. support itself for an order with absolutely
nothing to support itself is a patent nullity.
Better View: An administrative agency may take
notice of data on file or records reached by it in 3) Order should be sufficiently definite and certain
other cases where: to inform the party what is required to be done,
Such facts is made known from the other and to enable the courts to enforce them.
cases, and
There is adequate opportunity for rebuttal. What is the effect of Administrative Decisions
rendered Beyond the Period provided for in the
How are Secret information and Confidential statute?
Communications to an agency treated? It is usual for statutes to require that
GEN RULE: In adjudicatory proceedings administrative decisions be rendered within a
involving primarily the interests of private prescribed period.
litigants, information cannot be withheld from These requirements are generally directory
the parties on the ground that it is of confidential and NOT jurisdictional.
Here, congress did not say that a decision Art. 260 of New labor Code (PD. 442) states that
rendered after the 30 day period would be any party to a Certification election (CE) may
null and void. appeal the order or results of the election of the
BLR on the ground that the rules and regulations
What is the effect of a VOID or INVALID or parts thereof established by the Sec. Of labor
Order? for the conduct of the CE has been violated.
It is not enforceable and may be disregarded or Appeal shall be decided w/n 15 working days.
challenged in a collateral proceeding and it
affords no protection for acts done under it. ART. 264 New Labor Code – decisions of the
NLRC on a dispute certified to it shall be final
Can there be Appeals and Reviews of Admin and executory unless appealed to the Sec. of
Decisions? Labor within 10 days from receipt only on
In many admin systems, there is a hierarchy of grounds of GADALEJ.
authorities so that a review may be had within
the system itself of the action of the lower admin Is Compliance with the period provided by law
authorities by their superiors. for perfection of an appeal Mandatory or
Jurisdictional?
Admin review may be provided for where a Compliance with the period provided by law for
court is made a part of an admin scheme with the perfection of an appeal is not merely
supervisory powers of such extent that its action mandatory but also a jurisdictional requirement.
on review is deemed different from its ordinary
judicial functions. Are Dept. Heads Authorized by law to Repeal or
Modify the Decisions of Bureaus or Offices Under
What are some examples of Administrative Their Control?
Appeals and Reviews? Department Heads are authorized by law to have
Decisions of the Collector of Customs in any direct control, discretion and supervision over all
matter presented upon protest or by his action in bureaus and offices under their respective
any case may be reviewed by the Commissioner. jurisdiction and may, any provision of existing
The aggrieved party within 15 days (after law to the contrary notwithstanding, repeal or
notification in writing by the Collector of his modify the decisions of the chief of said bureaus
action or decision), must give written notice and offices when advisable in the public interest.
to the Collector intimidating his desire to [Sec. 79(c) Rev. Admin Code]
have the matter reviewed.
Does the President have the power to control
Collector shall transmit all records of the Executive Depts,, Bureaus and Offices
proceeding to the Commissioner who shall Independent of Statutory Authority,?
approve, modify or reverse the action or Art. VII Sec. 10(1), 1973 Consti [now Art. VII,
decision of the Collector and take such steps Sec. 17, 1986 Consti]:
and make such orders as necessary to
effectuate his order.
Rhys Alexei Y. Murillo Page 30 of 45
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President as administrative head, has the b. Rights have already vested in the
constitutional power to control executive meantime by reason thereof
departments, bureaus and offices.
- OR -
The president may exercise his
constitutional power of revision on his own (2) When such administrative determination has
motion, or on the appeal of some individual been the judicially affirmed.
who might deem himself aggrieved by the
action of an administrative official. *NOTE: The courts usually apply it not as res
adjudicata itself but as a specie of equitable estoppel
Does the Principle of Res Adjudicata apply in which produces approximately the same result as
Administrative Proceedings? would application of the rules of res adjudicata.
This has found little systematic consideration
partly due to the fact that the doctrine of res Is the Reopening of Administrative Proceedings
judicata, properly understood, has only a allowed?
narrowly confined area of application in the field Reopening cannot be allowed without legal and
of admin law. plausible grounds.
It tends to breed chaos and lead to an
By way of generalization and only as a broad insecurity of status already established by a
principle subject to exceptions, the principle of previous admin agency.
res adjudicate does NOT apply when:
An arbitrary, abusive and indiscriminate
(1) Administrative determination has been exercise of the right to review even if granted by
issued with respect to a matter wherein an law, will obliterate the right of an individual to
administrative agency has continuing due process – a destructive blow to the rule of
jurisdiction; law.
Investigations are useful for all admin functions, Such powers may be validly vested in admin
not only for rule making, adjudication and agencies even for purposes not quasi-judicial.
licensing, but also for prosecuting, for
supervising and directing, for determining An Admin agency in itself is NOT empowered
general policy, for recommending legislation to compel the attendance and testimony of
and for purposes no more specific than witnesses, and may only do so through judicial
illuminating obscure areas to find out what if process.
anything should be done. It is common for the statutes to provide for
application to a court to:
Admin agency may be authorized to make Enforce obedience to a subpoena of an
investigations, not only in proceedings of a admin agency or
legislative and judicial nature, but also in The giving of testimony before it.
proceedings the purpose of which is to
obtain info upon which future action of a Power to compel a witness to testify will
legis or judicial nature may be taken. NOT be inferred from a grant of authority to
This may require the attendance of summon and examine a witness.
witnesses in proceedings of a purely The power to compel a witness to testify
investigatory nature. must be clearly given by statute.
The book says there is authority to the
They may conduct general inquiries into contrary.
evils for correction, and to report
findings to appropriate bodies and make What is the Power to issue a Subpoena?
recommendations for actions. This aids in the effective exercise of the
Investigatory power.
Investigatory or inquisitorial powers may consist Without the power to summon witnesses and
of the power to inspect or to secure or to require require the production of books, papers and
the disclosure of information by means of documents, investigation may not prosper.
accounts, records, or otherwise.
Subpoena power is thus the coercive arm or
These powers are conferred on practically all feature of investigation.
boards and commissions as an adjunct of their
regulatory powers which may include the *NOTE: This is NOT an inherent power of admin
powers of: (see Chap 4) agencies.
a) Subpoena;
b) Swearing Witnesses Admin agencies may enforce subpoenas issued
c) Interrogating Witnesses in the course of investigations, whether or not
d) Calling for the production of books, adjudication is involved or whether or not
papers and records probable cause is shown even before issuance of
e) Requiring that books, papers and a complaint.
records be made available for inspection It is unlike a warrant where:
f) Inspecting premises A specific charge or complaint of
g) Requiring Written Answers to violation of law should be pending; or
Questionnaires That the order be made pursuant to one
h) Requiring reports, periodic or special is required before its issuance.
i) Requiring the filing of statements.
In the issuance of a subpoena, it is enough
Discuss the power of Admin Agencies to Require that the investigation be for a lawfully
Attendance of Witnesses, Compelling Testimony, authorized purpose.
and Production of Evidence in General.
Admin agency has the power of inquisition
Admin officers do NOT have the inherent power which is NOT dependent upon a case or
to require the attendance of witnesses before controversy in order to get evidence but can
them, put them under oath and require them to investigate merely on suspicion that the law is
testify. being violated or wants an assurance that it is
not.
It may be granted to an admin body only in the What are Administrative Sanctions as a Method
exercise of judicial or quasi-judicial powers. of Enforcement?
The grant or contempt power in the These are Vindicatory parts of a law or those
furtherance of the purely admin function of parts which ordain or denounce a penalty for the
such body has been held to be invalid. violation.
What are Examples of Statutory Grant of These may include revocation of licenses,
Contempt Powers? refusal to renew licenses, refusal to grant
COMELEC or any of the members thereof shall clearance papers, seizure and sale or destruction
have the power to punish contempt provided in of property, rejection of applicants, suspension
Rule 71 under the same procedure and with the or expulsion, restraint of person, imposition of
same penalties provided therein for the violation admin fines and forfeitures.
of any final and executory decision, order, or
ruling of the COMELEC. (Sec. 185(e) PD. These sanctions are regarded as remedial and
1296) civil NOT criminal, and may be imposed by
admin agencies.
NLRC has the power to hold any person in
contempt directly or indirectly against any What are Examples of Administrative Sanctions?
person guilty of misbehaviour in the presence of 1) Suspension, revocation or cancellation of
or so near the Chairman of any member of the certificates of public convenience, after notice
Commission of any Labor Arbiter. Indirect and Hearing by the Public Service Commission;
contempt shall be dealt with by the Commission
or Labor Arbiter in the manner prescribed under 2) Imposition of a fine not exceeding P200/day for
Rule 71 of the Rules of Court. (Art. 218(d) PD every default or violation by any public service
442) of terms and conditions of any certificate or any
order, decisions, and regulations of the Public
Any violation of any order, award, or decision of Services Commission which is empowered to
the Court of Industrial Relations shall, after such impose the same, after due notice and hearing;
has become final, conclusive and executory,
shall constitute contempt of court, provided that 3) Imposition of admin fines and forfeitures by the
the complaint charging the commission of Collector of Customs under the Customs and
indirect contempt of the Court shall be in writing Tariff Code;
signed and filed with the Clerk of Court by the
Attorney of Court. (Sec. 6, CA 103) 4) Imposition and collection of penalties and
surcharges by the Collector of Internal Revenue
What are Summary Powers as a Method of under the NIRC;
Enforcement?
Used to designate the admin power to apply 5) Exclusion and deportation of aliens under the
compulsion or force against person or property provisions of the Immigration Act and as an
to effectuate a legal purpose without a judicial inherent act of the state; and
warrant to authorize such action.
6) Suspension, cancellation, or revocation of
Where only property rights are involved, mere licenses of physicians and dentists under the Phil
postponement of judicial inquiry into liability is Medical Act of 1959 and the Phil Dental Act.
NOT a denial of due process if the opportunity
given for the ultimate judicial determination of Are Admin Agencies given the Power to Enforce
the liability is adequate. their own decisions?
Some agencies may be given the power to
Property rights must yield provisionally to enforce their own decisions without invading the
governmental need where adequate opportunity province of the judiciary.
For example, Legislature cannot leave the What are Examples of Statutory Provisions on
amount of penalty between fixed limits, to Judicial Enforcement?
case-by-case determination by a tax Observance of the orders, decisions and
commission, this being exactly the same regulations of the Public Service Commission
function which a court would exercise in and the terms and conditions of any certificate
imposing a fine upon conviction of a crime. may also be enforced by mandamus or
injunction in appropriate cases, or by action to
When is an Admin Agency Allowed to enforce its compel the specific performance of the orders,
own Decisions? decisions, and regulations so made, or o the
If the sanction (penalty) invoked is civil and duties imposed by law upon such public service:
NOT criminal, it may be applied by an Admin Provided, that the Commission may compromise
Agency. any case that may arise under this Act in such
manner for such amount as it may deem just and
Authorizing an admin agency, after hearing and reasonable. (Sec. 22, Public Service Act)
findings of non-observance of an order, to
publish the names of those failing to observe Upon application of the SEC, the CFI of Manila
such order does not attempt to confer shall also have the jurisdiction to issue
unconstitutional authority to usurp the judicial mandatory injunctions commanding any person
function by imposing a penalty. to comply with the provisions of the Securities
Act or any order of the Commission made in
Such information would be public pursuance thereof. (Sec. 31(e) Securities Act.)
knowledge and could be printed in any
newspaper irrespective of the consent, or Board of Medical Examiners may file an action
authorization of the admin agency. to enjoin any person illegally practicing
medicine from the performance of any act
In the absence of specific provisions of law, constituting practice of medicine if the case so
penal sanctions for the violation of admin rules, warrants until the necessary certificate therefore
regulations and determinations, are enforceable is secured. Any such person who, after having
through the machinery of the regularly been so enjoined continues in the illegal practice
constituted court. of medicine shall be punished for contempt of
court.
There is NO constitutional principle which
prohibits the legislature from authorizing admin Can Judicial Enforcement be had through
agencies from imposing administrative as Criminal Prosecutions?
distinguished from criminal sanctions like fines Independently of such specific statutory
and forfeitures. provisions, judicial enforcement is also had
Such sanctions are regarded as merely civil through criminal prosecutions for the violation
and remedial rather than criminal or of the provisions of statutes and of the rules and
punitive in nature. regulations issued thereunder if made a crime by
Good examples are internal revenue and the law itself and penalty therefore specially
custom cases. provided by law.
13) In case when there is nothing left to be done but What are the Limitations on Prior Resort?
to go to court. Doctrine does not apply in relation to a question
where the following circumstances concur:
a) What is involved is not a question of fact,
but one of pure law;
What is the Doctrine of Primary Administrative
Jurisdiction or Prior Resort? b) The question is determinable apart from the
This doctrine holds that courts cannot and will exercise of administrative discretion
NOT determine a controversy: (meaning admin discretion is not essential to
a) Involving a question which is within the the determination of the question.)
jurisdiction of the administrative tribunal;
c) Requisite uniformity of determination is
b) Such administrative tribunal has not yet attainable otherwise than by confining
rendered a decision of that question; determination of the question to the admin
tribunal.
c) The question demands the exercise of sound
administrative discretion requiring the What are the Classifications of Methods of
special knowledge, experience, and services Obtaining Relief from or a Review of
of the administrative tribunal; Administrative Actions?
1) Statutory or Non-Statutory Methods;
d) The purpose of such discretion is to 2) Direct or Collateral methods.
determine technical and intricate matters of
fact; and a What are Statutory/Non-Statutory Methods?
Statutory Methods
e) Uniformity of ruling is essential to comply Those available pursuant to specific
with the purposes of the regulatory statute statutory provision.
administered. Manner and extent of which are expressly
governed by statutes or rules.
The doctrine therefore requires prior resort to
the appropriate admin agency before the Non-Statutory Methods
jurisdiction of the courts can be invoked. Those which are not expressly provided for
(hmm… isn’t this similar to doctrine of finality?) by statutes but which the courts supply by
their reason inherent power to review such
What are the reasons for the Doctrine of Prior proceedings upon questions of jurisdiction
Resort? and questions of law.
1) To take full advantage of administrative Questions of law and jurisdiction are of
expertise; a judicial nature, whether the tribunal
2) To attain uniformity of application of regulatory was exercising a judicial function or a
laws. purely admin function.
Rhys Alexei Y. Murillo Page 40 of 45
ADMINISTRATIVE LAW – Atty. Chan-Gonzaga/Dean Roy II-D 2003-2004
Appeal to SC for denial of registration of a
What are Direct/Collateral Methods? mark or trade name, or renewal of
Direct Proceedings registration or any cancellation proceeding
One designed by law for a review or relief (Sec. 33, RA 165)
from a judgment and other proceedings the
primary purpose of which is some relief or 7) Judicial Review of Decisions of the Collector of
result other than the setting aside of the Internal Revenue, Commissioner of Customs or
judgment. Provincial or City Board of Assessment Appeals
An attack on the judgment may be Appeal in CTA within 30 days. (Sec.11, RA
incidentally involved. 1125)
An Admin finding on a mixed question of The rule requires that the determinations of fact
fact and law is subject to judicial review, on should be upheld unless arbitrary or clearly
which the court may substitute its judgment wrong, and ruling supported by substantial
for that of the admin agency. evidence should be sustained unless they rest on
erroneous legal foundations.
It is to be noted that Admin determinations
upon such mixed questions of fact and law Insular Life Assurance Co., Ltd, Employees
carries a strong presumption of its Association – NATU v. Insular Life Assurance
correctness and courts will not ordinarily Co., Ltd.
review it. Findings of fact of the Court of Industrial
Relations if supported by substantial
Courts usually apply Brandeis Doctrine of evidence bind the SC.
Assimilation of Facts w/ respect to mixed
questions of law and fact. RATIO: Rule of substantial evidence, rather
Where what purports to be a finding than the rule of preponderance of evidence
upon a question of fact is so involved applicable in ordinary civil cases, governs
with and depended upon a question of the Court of Industrial Relations in its
law as to be in substance and effect a findings of fact.
decision of the latter, the Court will,
order to decide the legal question, Substantial evidence refers to such relevant
examine the entire record, including the evidence as a reasonable mind might accept
evidence if necessary as it does in cases as adequate to support a conclusion.
coming from the highest court of the
State. (Justice Brandeis, St. Joseph Stock Substantiality of the evidence depends on its
Yards Co. v. US) quantitative as well as its qualitative
aspects. To be considered as substantial,
Under this doctrine, the more important said evidence should primarily be credible.
question assimilates the other.
Findings of fact NOT supported by
What is the Substantial Evidence Rule when substantial and credible evidence DO NOT
applied to Judicial Review? bind SC.
This is a compromise between theories of broad
or de novo review and restricted review or Is Judicial Review Considered Trial de Novo?
complete abstention. Judicial Review of executive or admin decisions
does not import a trial de novo.
Rhys Alexei Y. Murillo Page 44 of 45
ADMINISTRATIVE LAW – Atty. Chan-Gonzaga/Dean Roy II-D 2003-2004
It is only the ascertainment of whether the
executive findings are:
Not in violation of the Constitution or of
the laws,
Free from fraud or imposition, and
Whether they find reasonable support in
the evidence.