Professional Documents
Culture Documents
J. ADMINISTRATIVE LAW the experience, expertise, and power of
dispatch to provide solution thereto.
a. GENERAL PRINCIPLES
Q: What is an instrumentality?
Q: Define Administrative Law?
A: An instrumentality refers to any agency of the
A: It is a branch of public law fixing the national government not integrated within the
organization and determines the competence of departmental framework, vested with special
administrative authorities, and indicates the functions or jurisdiction by law, with some if not
individual remedies for the violation of the rights. all corporate powers, administering special funds,
and enjoying operational autonomy, usually
Q: What are the kinds of Administrative Law? through a charter. (Iron and Steel Authority v. CA,
G.R. No. 102976, Oct. 25, 1995)
A:
1. Statutes setting up administrative Q: What is an Agency?
authorities.
2. Body of doctrines and decisions dealing A: An agency is any department, bureau, office,
with the creation, operation, and effect commission, authority or officer of the national
of determinations and regulations of government, authorized by law or executive order
such administrative authorities. to make rules, issue licenses, grant rights or
3. Rules, regulations, or orders of such privileges, and adjudicate cases; research
administrative authorities in pursuance institutions with respect to licensing functions;
of the purposes, for which government corporations with respect to
administrative authorities were created functions regulating private rights, privileges,
or endowed. occupation or business, and officials in the
4. Determinations, decisions, and orders exercise of the disciplinary powers as provided by
of such administrative authorities in the law.
settlement of controversies arising in
their particular field. Q: What is the distinction between the two?
b. CREATION OF ADMINISTRATIVE BODIES AND A: There is no practical distinction between an
AGENCIES instrumentality and agency, for all intents and
purposes. A distinction, however, may be made
Q: What is an administrative agency? with respect to those entities possessing a
separate charter created by statute.
A: It is an organ of government, other than a
court and the legislature, which affects the rights Q: What is a quasi‐judicial body or agency?
of private parties either through adjudication or
rule making. A: A quasi‐judicial body or agency is an
administrative body with the power to hear,
Q: How are agencies created? determine or ascertain facts and decide rights,
duties and obligations of the parties by the
A: By: application of rules to the ascertained facts. By
1. Constitutional provision this power, quasi‐judicial agencies are enabled to
2. Authority of law interpret and apply implementing rules and
3. Legislative enactment regulations promulgated by them and laws
entrusted to their administration. (2006 Bar
Q: Cite reasons for the creation of administrative Question)
agencies.
A: To: c. POWERS OF ADMINISTRATIVE AGENCIES
1. Help unclog court dockets
2. mMeet the growing complexities of Q: What are the three basic powers of
modern society administrative agencies?
3. Help in the regulation of ramified
activities of a developing country A:
4. Entrust to specialized agencies the task 1. Quasi‐legislative power or rule‐making
of dealing with problems as they have power
146
POLITICAL LAW TEAM:
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS : LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L.
VILLAMOR.
ADMINISTRATIVE LAW
2. Quasi‐judicial or adjudicatory power enforce or suspend the operation of a
3. Determinative power law.
4. Interpretative legislation – rules and
Q: Distinguish between quasi‐legislative and regulations construing or interpreting
quasi‐judicial power. the provisions of a statute to be
enforced and binding on all concerned
A: until changed. They have the effect of
QUASI‐LEGISLATIVE QUASI‐JUDICIAL law and are entitled to great respect
Operates on the future Operates based on past having in their favor the presumption of
facts legality. E.g. BIR circulars.
Has particular
application (applies Q: What are the requisites for the valid exercise
Has general application
only to the parties of quasi‐legislative power?
involved in a dispute)
Issuance pursuant to the Issuance pursuant to A:
exercise of quasi‐ the exercise of quasi‐ 1. Promulgated in accordance with the
legislative power may be judicial power may, as a Prescribed procedure.
assailed in court without rule, only be challenged
2. Reasonable.
subscribing to the in court with prior
3. Issued under Authority of law.
doctrine of exhaustion of exhaustion of
administrative remedies administrative
4. Administrative regulations, issued for
(DEAR). remedies. the purpose of implementing existing
A valid exercise of law, pursuant to a valid delegation are
A valid exercise of quasi‐ included in the term “laws” under
quasi‐judicial power
legislative power does Article 2, of the Civil Code and must
requires prior notice
not require prior notice therefore be published in order to be
and hearing (except
and hearing (except effective.
when the law requires
when the law requires it).
it) 5. It must be within the Scope and
An issuance pursuant to purview of the law.
An issuance pursuant to
the exercise of quasi‐ 6. Filing with the Office of the National
the exercise of quasi‐
judicial function is Administrative Register (ONAR) of the
legislative power may be
appealed to the Court University of the Philippines Law Center
assailed in court through
of Appeals via petition
an ordinary action.
for review (Rule 43). Note: But mere interpretative regulations, and those
merely internal in nature, i.e. regulating only the
personnel of the administrative agency and not the
1. Quasi‐Legislative (Rule‐Making) Power public, need not be published (Tañada v. Tuvera,
G.R. No. 63915, December 29, 1986)
Q: Define quasi‐legislative power.
Q: What are the guidelines to rule‐making?
A: This is the exercise of delegated legislative
power, involving no discretion as to what the law A:
shall be, but merely the authority to fix the details 1. It must be consistent with the law and
in the execution or enforcement of a policy set the constitution
out in the law itself. 2. It must have reasonable relationship to
the purpose of the law
Q: What are the kinds of quasi‐legislative 3. It must be within the limits of the
power? power granted to administrative
agencies
A: 4. May not amend, alter, modify, supplant,
1. Legislative regulation enlarge, limit or nullify the terms of the
2. Supplementary or detailed legislation law
which is intended to fill in the details of 5. It must be uniform in operation,
the law and to make explicit what is reasonable and not unfair or
only general. e.g. Rules and Regulations discriminatory
Implementing the Labor Code. 6. Must be promulgated in accordance
3. Contingent legislation in which with the prescribed procedure
administrative agencies are allowed to
ascertain the existence of particular Q: What are the limitations on the exercise of
contingencies and on the basis thereof quasi‐legislative power?
147
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
V ICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
UST GOLDEN NOTES 2011
A: nevertheless the latter may constitutionally
1. It must be within the limits of the delegate authority to promulgate rules and
powers granted to administrative regulations to implement a given legislation and
agencies. effectuate its policies, for the reason that the
2. Cannot make rules or regulations which legislature often finds it impracticable (if not
are inconsistent with the provision of impossible) to anticipate and provide for the
the Constitution or statute. multifarious and complex situations that may be
3. Cannot defeat the purpose of the met in carrying the law into effect. All that is
statute. required is that the regulation should be germane
4. May not amend, alter, modify, supplant, to the objects and purposes of the law; that the
enlarge, or limit the terms of the regulation be not in contradiction with it, but
statute. conform to the standards that the law prescribes.
5. A rule or regulation must be uniform in
operation, reasonable and not unfair or Q: What are the limitations on the doctrine of
discriminatory. subordinate legislation?
Q: May an administrative agency promulgate A:
rules providing for penal sanction? 1. Rule making power
2. Cannot contravene a statute or the
A: Yes, provided the following requisites are constitution
complied with: 3. Partakes the nature of a statute – Rules
1. The law must declare the act are not laws but have the force and
punishable; effect of laws.
2. The law must define the penalty; 4. Enjoys the presumption of legality –
3. The rules must be published in the therefore courts should respect and
Official Gazette. (The Hon. Secretary apply them unless declared invalid; all
Vincent S. Perez v. LPG Refillers other agencies should likewise respect
Association of the Philippines, G.R. No. them.
159149, June 26, 2006)
Q: What is the concept of Contemporaneous
Q: Are administrative officers tasked to Construction?
implement the law also authorized to interpret
the law? A: The construction placed upon the statute by an
executive or administrative officer called upon to
A: Yes, because they have expertise to do so. execute or administer such statute.
(PLDT v. NTC, G.R. No. 88404, Oct. 18, 1990)
These interpretative regulations are usually in the
Q: Are constructions of administrative officers form of circulars, directives, opinions, and rulings.
binding upon the courts?
Note: Contemporaneous construction, while in no
A: Such interpretations of administrative officer case binding upon the courts, is nevertheless
are given great weight, unless such construction is entitled to great weight and respect in the
clearly shown to be in sharp contrast with the interpretation of ambiguous provisions of the law,
governing law or statute. (Nestle Philippines Inc. unless it is shown to be clearly erroneous.
v. CA, G.R. No. 86738, Nov. 13, 1991)
Q: What is the Doctrine of Subordinate 2. Quasi‐Judicial (Adjudicatory) Power
Legislation?
Q: Define quasi‐judicial power.
A: Power of administrative agency to promulgate
rules and regulations on matters within their own A: It is the power of administrative authorities to
specialization. make determinations of facts in the performance
of their official duties and to apply the law as they
Q: What is the reason behind the delegation? construe it to the facts so found. It partakes the
nature of judicial power, but is exercised by a
A: It is well established in this jurisdiction that, person other than a judge.
while the making of laws is a non‐delegable
activity that corresponds exclusively to Congress,
148
POLITICAL LAW TEAM:
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS : LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L.
VILLAMOR.
ADMINISTRATIVE LAW
Q: How is the jurisdiction of a quasi‐judicial 8. Officer or tribunal must be vested with
agency construed? competent jurisdiction and must be
impartial and honest. (Ang Tibay v. CIR,
A: An administrative body to which quasi‐judicial G.R. No. L‐46496, Feb. 27, 1940)
power has been delegated is a tribunal of limited
jurisdiction and as such it could wield only such Note: The essence of procedural due process in
powers as are specifically granted to it by its administrative proceedings is the opportunity to be
enabling statute. Its jurisdiction is interpreted heard, i.e. the opportunity to explain one’s side or
strictissimi juris. opportunity to seek reconsideration of an adverse
decision.
2.a. Administrative Due Process What the law prohibits is not the absence of
previous notice but the absolute absence thereof
and the lack of opportunity to be heard.
Q: What is the nature of administrative
proceedings?
Q: Does the due process clause encompass the
right to be assisted by counsel during an
A: It is summary in nature.
administrative inquiry?
Q: Is administrative proceedings bound by
A: No. The right to counsel which may not be
technical rules of procedure and evidence?
waived, unless in writing and in the presence of
counsel, as recognized by the Constitution, is a
A: The technical rules of procedure and of
right of a suspect in a custodial investigation. It is
evidence prevailing in courts of law and equity
not an absolute right and may, thus, be invoked
are not controlling in administrative proceedings
or rejected in criminal proceeding and, with more
to free administrative boards or agencies from
reason, in an administrative inquiry. (Lumiqued v.
the compulsion of technical rules so that the
Exevea, G.R No.. 117565, Nov. 18, 1997)
mere admission of matter which would be
deemed incompetent in judicial proceedings
Q: What is the quantum of proof required in
would not invalidate an administrative order.
administrative proceedings?
Note: The rules of procedure of quasi‐judicial bodies
shall remain effective unless disapproved by the
A: Only substantial evidence – that amount of
Supreme Court. relevant evidence that a reasonable mind might
accept as adequate to support a conclusion.
Q: What are the cardinal primary requirements
of due process in administrative proceedings? Q: When is the requirement of notice and
hearing not necessary?
A:
1. Right to a hearing which includes the A:
right to present one’s case and submit 1. Urgency of immediate action
evidence in support 2. Tentativeness of administrative action
2. The tribunal must consider the evidence 3. Grant or revocation of licenses or
presented permits to operate certain businesses
3. The decision must be supported by affecting public order or morals
evidence 4. Summary abatement of nuisance per se
4. Such evidence must be substantial which affects safety of persons or
5. The decision must be based on the property
evidence presented at the hearing or at 5. Preventive suspension of public officer
least contained in the record, and or employee facing administrative
disclosed to the parties affected charges
6. The tribunal or body of any of its judges 6. Cancellation of a passport of a person
must act on its own independent sought for criminal prosecution
consideration of the law and facts of 7. Summary proceedings of distraint and
the controversy in arriving at a decision; levy upon property of a delinquent
7. The board or body should render taxpayer
decision that parties know the various 8. Replacement of a temporary or acting
issues involved and reason for such appointee
decision 9. Right was previously offered but not
claimed
149
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
V ICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
UST GOLDEN NOTES 2011
2.b. Administrative Appeal and Review convenience and necessity. (De Leon,
Administrative Law, 2010)
Q: What is the concept of Administrative
Appeal? Q: What is the nature of an administrative agency’s
act if it is empowered by a statute to revoke a
A: It refers to the review by a higher agency of license for non‐compliance or violation of agency
decisions rendered by an administrative agency, regulations?
commenced by petition of an interested party.
A: For procedural purposes, an administrative action
is not a purely administrative act if it is dependent
Note: Administrative appeals are established by the
upon the ascertainment of facts by the
1987 Administrative Code, which will govern
administrative agency. Where a statute empowers
primarily in the absence of a specific law applicable.
an agency to revoke a license for non‐compliance
Under the 1987 Administrative Code, administrative
with or violation of agency regulations, the
appeals from a decision of an agency are taken to
administrative act is of a judicial nature, since it
the Department Head.
depends upon the ascertainment if the existence of
certain past or present facts upon which a decision is
Q: What is the concept of administrative review?
to be made and rights and liabilities determined.
A: Administrative appeals are not the only way by
Q: Define Rate‐Fixing Power.
which a decision of an administrative agency may
be reviewed. A superior officer or department
A: It is the power usually delegated by the
head may upon his or her own volition review a
legislature to administrative agencies for the
subordinate’s decision pursuant to the power of
latter to fix the rates which public utility
control.
companies may charge the public. (De Leon,
Administrative Law, 2010)
Administrative reviews by a superior officer are,
however, subject to the caveat that a final and
Q: What does the term “rate” mean?
executory decision is not included within the
power of control, and hence can no longer be
A: It means any charge to the public for a service
altered by administrative review.
open to all and upon the same terms, including
individual or joint rates, tolls, classification or
Q: How may administrative decisions be
schedules thereof, as well as communication,
enforced?
mileage, kilometrage and other special rates
A: It may be enforced.
which shall be imposed by law or regulation to be
1. As provided for by law
observed and followed by a person.
2. May invoke the courts intervention
Note: Fixing rates is essentially legislative but may be
delegated. (Philippine Inter‐Island v. CA, G.R. No.
2.c. Administrative Res Judicata 100481, January 22, 1997)
Q: Does the doctrine of res judicata apply to Q: How is rate‐fixing power performed?
administrative proceedings?
A: The administrative agencies perform this
A: The doctrine of res judicata applies only to function either by issuing rules and regulations in
judicial or quasi judicial proceedings and not to the exercise of their quasi‐legislative power or by
the exercise of purely administrative functions. issuing orders affecting a specified person in the
Administrative proceedings are non litigious and exercise of its quasi‐judicial power. (De Leon,
summary in nature; hence, res judicata does not Administrative Law, 2010)
apply.
Q: May the function of fixing rates be either a
legislative or adjudicative function?
3. Licensing, Rate‐Fixing and Fact‐Finding Powers
A: Yes. The function of prescribing rates by an
Q: What is Licensing Power? administrative agency may be either a legislative
or and adjudicative function. (De Leon,
A: The action of an administrative agency in Administrative Law, 2010)
granting or denying, or in suspending or revoking,
a license, permit, franchise, or certificate of public
150
POLITICAL LAW TEAM:
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS : LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L.
VILLAMOR.
ADMINISTRATIVE LAW
Q: If the power to fix rates is exercised as a the manner prescribed by the legislature. Even in
legislative function, are notice and hearing the absence of an express requirement as to
required? reasonableness, this standard may be implied. A
rate‐fixing order, temporary or provisional though
A: Where the rules and/or rates laid down are it may be, is not exempt from the procedural
meant to apply to all enterprises of a given kind requirements of notice and hearing when
throughout the country, they may partake of a prescribed by statute, as well as the requirement
legislative character. If the fixing of rates were a of reasonableness. (De Leon, Administrative Law
legislative function, the giving of prior notice and 2010, pp. 164‐165)
hearing to the affected parties is not a
requirement of due process, except where the Q: May the delegated power to fix rates be re‐
legislature itself requires it. (De Leon, delegated?
Administrative Law, 2010)
A: The power delegated to an administrative
Q: What if it is exercised as a quasi‐judicial agency to fix rates cannot, in the absence of a law
function? authorizing it, be delegated to another. This is
experessed in the maxim, potestas delagata non
A: Where the rules and the rate imposed apply delegari protest. (Kilusang Mayo Uno Labor
exclusively to a particular party, based upon a Center v. Garcia, Jr., 39 SCRA386, 1994)
finding of fact, then its function is quasi‐judicial in
character. Q: May congress delegate to an administrative
agency the power to ascertain facts as basis to
As regards rates prescribed by an administrative determine when a law may take into effect or
agency in the exercise of its quasi‐judicial whether a law may be suspended or come to an
function, prior notice and hearing are essential to end, in accordance with the purpose or policy of
the validity of such rates. But an administrative the law and the standard for the exercise of the
agency may be empowered by law to approve power delegated?
provisionally, when demanded by urgent public
need, rates of public utilities without a hearing. A: Yes. This is not delegation of what the law shall
(De Leon, Administrative Law, 2010) be, but how the law will be enforced, which is
permissible. Hence the legislature may delegate
Note: As a general rule, notice and hearing are not to an administrative agency the power to
essential to the validity of an administrative action determine some fact or state of things upon
where the administrative body acts in the exercise of which the law makes, or intends to make, its own
executive, administrative, or legislative functions; action depend, or the law may provide that it
but where a public administrative body acts in a shall become operative only upon the
judicial or quasi‐judicial matter, and its acts are contingency or some certain fact or event, the
particular and immediate rather than general and ascertainment of which is left to an
prospective, the person whose rights or property
administrative agency. (1 Am. Jur. 2d 930‐931)
may be affected by the action is entitled to notice
and hearing. (Philippine Consumers Foundation, Inc.
v Secretary of DECS, G.R. No. 78385, August 31,
Q: What are the requirements for the delegation
1987) of the power to ascertain facts to be valid?
Q: In case of a delegation of rate‐fixing power, A: The law delegating the power to determine
what is the only standard which the legislature is some facts or state of things upon which the law
required to prescribe for the guidance of may take effect or its operation suspended must
administrative authority? provide the standard, fix the limits within which
the discretion may be exercised, and define the
A: That the rate be reasonable and just. conditions therefor. Absent these requirements,
(American Tobacco Co. v Director of Patents, 67 the law and the rules issued thereunder are void,
SCRA 287, 1975) the former being an undue delegation of
legislative power and the latter being the exercise
Q: In the absence of an express requirement as if rule‐making without legal basis. (U.S. v. Ang
to reasonableness, may the standard be Tang Ho, 43 Phil. 1, 1992)
implied?
Q: In connection with the evidence presented
A: Yes. In any case, the rates must both be non‐ before a fact‐finding quasi judicial body, do the
confiscatory and must have been established in latter have a power to take into consideration
151
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
V ICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
UST GOLDEN NOTES 2011
the result of its own observation and d. JUDICIAL RECOURSE AND REVIEW
investigation of the matter submitted to it for
decision? 1. Doctrine of Primary Administrative
Jurisdiction
A: A fact‐finding quasi‐judicial body (e.g., Land
Transportation Franchising and Regulatory Board)
Q: What is the doctrine of primary jurisdiction or
whose decisions (on questions regarding
doctrine of prior resort?
certificated of public convenience) are influenced
not only by the facts as disclosed by the evidence
A: Under the principle of primary jurisdiction,
in the case before it but also by the reports of its
courts cannot or will not determine a controversy
field agents and inspectors that are periodically
involving question within the jurisdiction of an
submitted to it, has the power to take into
administrative body prior to the decision of that
consideration the result of its own observation
question by the administrative tribunal where:
and investigation of the matter submitted to it for
decision, in connection with other evidence
1. The question demands administrative
presented at the hearing of the case (Pantranco
determination requiring special
South Express, Inc. v Board of Transportaion, 191
knowledge, experience and services of
SCRA 581,1991)
the administrative tribunal;
2. The question requires determination of
4. Determinative Powers
technical and intricate issues of a fact;
Q: Define determinative powers.
3. The uniformity of ruling is essential to
comply with purposes of the regulatory
A: It is the power of administrative agencies to
statute administered
better enable them to exercise their quasi‐judicial
authority. Note: In such instances, relief must first be obtained
in administrative proceeding before a remedy will be
Q: What consisted determinative powers? supplied by the courts even though the matter is
within the proper jurisdiction of a court. The judicial
A: DEDE_S process is accordingly suspended pending referral of
1. Enabling – Permits the doing of an act the claim to the administrative agency for its view.
which the law undertakes to regulate
and which would be unlawful without Q: What are the reasons for this doctrine?
government approval.
2. Directing – Orders the doing or A:
performance of particular acts to 1. To take full advantage of administrative
ensure the compliance with the law and expertness; and
are often exercised for corrective
purposes. 2. To attain uniformity of application of
3. Dispensing – To relax the general regulatory laws which can be secured
operation of a law or to exempt from only if determination of the issue is left
general prohibition, or to relieve an to the administrative body
individual or a corporation from an
affirmative duty. Q: When is the doctrine inapplicable?
4. Examining – This is also called
investigatory power. It requires A:
production of books, papers, etc., the 1. When, by the court's determination, the
attendance of witnesses and compelling legislature did not intend that the issues
their testimony. be left solely to the initial
5. Summary – Power to apply compulsion determination of the administrative
or force against persons or property to body.
effectuate a legal purpose without
judicial warrants to authorize such 2. When the issues involve purely
actions. questions of law.
3. When courts and administrative bodies
have concurrent jurisdiction.
152
POLITICAL LAW TEAM:
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS : LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L.
VILLAMOR.
ADMINISTRATIVE LAW
Q: Can the court motu proprio raise the issue of 5. To avail of administrative remedy
primary jurisdiction? entails lesser expenses and provides for
a speedier disposition of controversies.
A: The court may motu proprio raise the issue of
primary jurisdiction and its invocation cannot be Q: What are the exceptions to the application of
waived by the failure of the parties to argue it, as the doctrine?
the doctrine exists for the proper distribution of
power between judicial and administrative A: DELILA PULP MUN Q
bodies and not for the convenience of the parties.
In such case the court may: 1. Violation of Due process
1. Suspend the judicial process pending 2. When there is Estoppel on the part of
referral of such issues to the the administrative agency concerned
administrative body for its review, or 3. When the issue involved is a purely
2. If the parties would not be unfairly Legal question
disadvantaged, dismiss the case without 4. When there is Irreparable injury
prejudiced. (Euro‐Med laboratories Phil. 5. When the administrative action is
vs. Province of Batangas, G.R No. patently illegal amounting to Lack or
148706, July 17, 2006) excess of jurisdiction
6. When the respondent is a Department
Secretary whose acts as an Alter ego of
2. Doctrine of Exhaustion of Administrative the President bears the implied and
Remedies assumed approval of the latter
7. When the subject matter is a Private
Q: What is the doctrine of exhaustion of land case proceedings
administrative remedies? 8. When it would be Unreasonable
9. When no administrative review is
A: This doctrine calls for resort first to the provided by Law
appropriate administrative authorities in the 10. When the rule does not provide a Plain,
resolution of a controversy falling under their speedy, and adequate remedy
jurisdiction and must first be appealed to the 11. When the issue of non‐exhaustion of
administrative superiors up to the highest level administrative remedies has been
before the same may be elevated to the courts of rendered Moot
justice for review. 12. When there are circumstances
indicating the Urgency of judicial
Note: The premature invocation of the courts intervention
intervention is fatal to one’s cause of action. 13. When it would amount to a Nullification
Exhaustion of administrative remedies is a of a claim; and
prerequisite for judicial review; it is a condition 14. Where the rule of Qualified political
precedent which must be complied with. agency applies. (Laguna CATV Network
v. Maraan, G.R. No. 139492, Nov. 19,
Q: What are the reasons for exhausting 2002)
administrative remedies?
Q: What is the effect of non‐exhaustion of
A: administrative remedies?
1. To enable the administrative superiors
to correct the errors committed by their A: It will deprive the complainant of a cause of
subordinates. action, which is a ground for a motion of dismiss.
2. Courts should refrain from disturbing
the findings of administrative bodies in Q: Is non‐compliance with the doctrines of
deference to the doctrine of separation primary jurisdiction or exhaustion of
of powers. administrative remedies a jurisdictional defect?
3. Courts should not be saddled with the
review of administrative cases. A: No. Non‐compliance with the doctrine of
4. Judicial review of administrative cases is primary jurisdiction or doctrine of exhaustion of
usually effected through special civil administrative remedies is not jurisdictional for
actions which are available only if there the defect may be waived by a failure to assert
is no other plain, speedy, and adequate the same at the earliest opportune time.
remedy.
153
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
V ICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
UST GOLDEN NOTES 2011
Q: Distinguish the doctrine of primary
jurisdiction from the doctrine of exhaustion of GR: Courts will not disturb the findings
administrative remedies. of administrative agencies acting within
the parameters of their own
A: competence, special knowledge,
DOCTRINE OF expertise, and experience. The courts
DOCTRINE OF
EXHAUSTION OF ordinarily accord respect if not finality
PRIMARY
ADMINISTRATIVE to factual findings of administrative
JURISDICTION
REMEDIES tribunals.
Both deal with the proper relationships between the
courts and administrative agencies. XPN: If findings are not supported by
Applies where a case is substantial evidence.
within the concurrent
jurisdiction of the court 2. Questions of Law – administrative
Applies where a claim is decisions may be appealed to the courts
and an administrative
cognizable in the first independently of legislative permission.
agency but the
instance by an It may be appealed even against
determination of the
administrative agency
case requires the legislative prohibition because the
alone
technical expertise of judiciary cannot be deprived of its
the administrative inherent power to review all decisions
agency on questions of law.
Although the matter is
within the jurisdiction Judicial interference is 3. Mixed ( law and fact) – when there is a
of the court, it must withheld until the mixed question of law and fact and the
yield to the jurisdiction administrative process court cannot separate the elements to
of the administrative has been completed see clearly what and where the mistake
case of law is, such question is treated as
question of fact for purposes of review
3. Doctrine of Ripeness for Review and the courts will not ordinarily review
the decision of the administrative
Q: What is the Doctrine of Ripeness for Review? tribunal.
A: This doctrine is the similar to that of 4. Doctrine of Finality of Administrative Action
exhaustion of administrative remedies except
that it applies to the rule making and to Q: What is the doctrine of finality of
administrative action which is embodied neither administrative action?
in rules and regulations nor in adjudication or
final order. A: This doctrine provides that no resort to courts
will be allowed unless administrative action has
Q: When does the doctrine apply? been completed and there is nothing left to be
done in the administrative structure.
A: VICS
1. When the Interest of the plaintiff is Q: What are the instances where the doctrine
subjected to or imminently threatened finds no application?
with substantial injury.
2. If the statute is Self‐executing. A: DEAR – PIA
3. When a party is immediately
confronted with the problem of 1. To grant relief to Preserve the status
complying or violating a statute and quo pending further action by the
there is a risk of Criminal penalties. administrative agency
4. When plaintiff is harmed by the 2. When it is Essential to the protection of
Vagueness of the statute. the rights asserted from the injuries
threatened
Q: What are the questions reviewable by the 3. Where an administrative officer
courts? Assumes to act in violation of the
Constitution and other laws
A: 4. Where such order is not Reviewable in
1. Questions of fact any other way and the complainant will
154
POLITICAL LAW TEAM:
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS : LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L.
VILLAMOR.
ADMINISTRATIVE LAW
suffer great and obvious damage if the A: Judicial review is the re‐examination or
order is carried out determination by the courts in the exercise of
5. To an Interlocutory order affecting the their judicial power in an appropriate case
merits of a controversy instituted by a party aggrieved thereby as to
6. To an order made in excess of power, whether the questioned act, rule, or decision has
contrary to specific prohibition in the been validly or invalidly issued or whether the
statute governing the agency and thus same should be nullified, affirmed or modified.
operating as a Deprivation of a right
assured by the statute Note: The mere silence of the law does not
7. When review is Allowed by statutory necessarily imply that judicial review is unavailable.
provisions.
Q: What are the requisites of judicial review of
Q: What are the grounds for reversal of administrative action?
administrative findings?
A:
A: 1. Administrative action must have been
1. Finding is grounded on speculations or completed (“the principle of finality of
conjectures administrative action;”) and
2. Inferences made are manifestly 2. Administrative remedies must have
mistaken or impossible been exhausted known as (“the
3. Grave abuse of discretion principle of exhaustion of administrative
4. Misapprehension of facts, or the agency remedies.”)
overlooked certain facts of substance or
value which if considered would affect Q: What are the limitations on judicial review?
the result of the case. A:
5. Agency went beyond the issues of the 1. Final and executory decisions cannot be
case and the same are contrary to the made the subject of judicial review.
admissions of the parties or the 2. Administrative acts involving a political
presented question are beyond judicial review,
6. Irregular procedures or the violation of except when there is an allegation that
the due process there has been grave abuse of
7. Rights of a party were prejudiced discretion.
because the findings were in violation 3. Courts are generally bound by the
of the constitution, or in excess of findings of fact of an administrative
statutory authority, vitiated by fraud, agency.
mistake
8. Findings not supported by substantial Q: Is the rule that findings of facts by
evidence administrative agencies are binding on the
courts subject to any exceptions?
5. Judicial Relief from Threatened Administrative A:
Action GR: Yes.
XPN: FIPE – GES
Q: Can courts render a a decree in advance of
administrative action?
1. Findings are vitiated by Fraud,
A: Courts will not render a decree in advance of imposition, or collusion
administrative action. Such action would be 2. Procedure which led to factual findings
rendered nugatory. is Irregular
3. Palpable errors are committed
4. Factual findings not supported by
It is not for the court to stop an administrative
Evidence
officer from performing his statutory duty for fear
5. Grave abuse of discretion, arbitrariness,
that he will perform it wrongly.
or capriciousness is manifest
6. When expressly allowed by Statute; and
7. Error in appreciation of the pleadings
6. Judicial Review of Administrative Action
and in the interpretation of the
documentary evidence presented by
Q: What is the concept of judicial review?
the parties
155
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
V ICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
UST GOLDEN NOTES 2011
Q: What are the grounds which would warrant
the reversal of administrative finding?
A: MIGS – VIBE
1. Misapprehension of facts, or the agency
overlooked certain facts of substance or
value which if considered would affect
the result of the case
2. Interferences made are manifestly
mistaken, absurd, or impossible
3. Grave abuse of discretion
4. Finding is grounded on Speculations,
surmises, or conjectures
5. Rights of the parties were prejudiced
because the findings were in Violation
of the constitution, or in excess of
statutory authority, vitiated by fraud, or
mistake
6. Irregular procedures or violations of
due process
7. Agency went Beyond the issues of the
case and the same are contrary to the
admissions of the parties or the
evidence presented
8. Findings not supported by substantial
Evidence.
156
POLITICAL LAW TEAM:
ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS : LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L.
VILLAMOR.