Professional Documents
Culture Documents
BY CONGRESS CONSTITUTION
( ADMINISTRATIVE AGENCIES ) 1. can be modified by 1. perform more sensitive
congress functions
PART I. 2. may be altered or 2. – underscoring the
abolished independence of the
INTRODUCTION
agency thus, insulate it
from political pressure
ADMINISTRATIVE LAW - that branch of public law dealing
with the doctrines and principles governing the powers and
procedures of administrative agencies including especially judicial The Chief Executive exercises CONTROL over agencies and
review of administrative action. offices which perform rule-making / adjudicatory functions.
An ADMINISTRATIVE AGENCY is any governmental If the agency is created by Congress - consider the law that
authority other than a court or legislative body performing rule- created it. If the law is silent as to the control which the
making or adjudicatory functions. President may exercise, the President can only SUPERVISE,
i.e., to see to it that the laws are faithfully executed.
Residual Powers
the powers given to the three branches spill over because of
the 3 shortfalls. There is a need for a body which would act
as a catching mechanism, otherwise, the three branches
would collapse. The AA supports the trichotomy of powers.
What are the matters that Congress cannot delegate? Extent of Rate applies to all Rate directed only at
Creation of municipalities (Pelaez v. Auditor-General) applicabi- 1 entity
Imposition of criminal penalties (US v. Barrias) lity
Notice & May be dispensed Absolutely
Admistrative Rules with Penal sanctions: hearing with unless the law necessary
must be published in full text (Sec. 6 (2), Book 7, Admin Code) provides otherwise
If a rule is penal in character, it is required that the rule is
published before it takes effect. (People v. Que Po Lay)
the law itself must so declare the act as punishable A rate is any charge to the public for a service open to all
penal statutes exclusive domain of the legislature, cannot be and upon the same terms, including individual or joint rates,
delegated tolls, classification or schedules thereof, as well as
In People v. Maceren, it was held that "Administrative rules and communication, mileage, kilometreage and other special
regulations cannot amend or modify or expand the law by rates which shall be imposed by law or regulation to be
including, prohibiting or punishing certain acts which the law does observed and followed by any person. (Sec. 2 (3), Book VII,
not even define as a criminal act." Admin Code)
AA to publish or circulate notices of proposed rules and
Designation of a particular act as a crime (People v. afford interested parties the opportunity to submit their views
Maceren) prior to the adoption of any rule. (Bk. VII Sec 9(1))
Creation of standards on the part of the agency To be valid, proposed rates must be published in a newspaper
of general circulation at least 2 weeks before the first hearing
thereon (Bk. VII, Sec 9(2)).
Function delegated to AAs because the legislature has not the
time, the knowledge nor the means necessary to handle the
Requisites for a valid delegation : matter efficiently.
a) the law must be complete in itself; must set forth a policy to Need for dispatch, for flexibility and for technical know-how
be executed better met by AAs.
b) must fix a standard, the limits of which are sufficiently
determinate or determinable, to which the delegate must
PSC not authorized to delegate power to fix rates to a common
conform in the performance of his functions.
carrier or other public service. Power to fix rates, being a delegated
power cannot be delegated further (Panay Autobus v. Philippine
The standard may be express or implied (Edu v. Ericta) Railway)
The standard does not have to be found in the law being
challenged. It may be embodied in other statutes on the same Rate-fixing must be exercised by the agency directly. The power to
subject matter as that of the challenged legislation. fix rates, which is a delegated power, cannot be delegated further
[Chongbian v. Orbos (1995). Here, the challenged law was (KMU v. Garcia)
the ARMM Organic Act. The standard was found in the
Reorganization Act.]
KINDS OF ADMINISTRATIVE RULES/REGULATIONS Principle on rate fixing and requirement of notice and hearing
a. Supplementary/Detailed legislation if the rate to be fixed applies to all utilities in general ---
Rules “to fix details” in the execution and enforcement of a LEGISLATIVE in character à Notice and hearing may be
policy set out in the law (ex: Rules implementing the Labor dispensed with unless the law requires otherwise.
Code) If the rate to be fixed applies to one entity -- QUASI-
b. Interpretative legislation JUDICIAL in character à notice and hearing required.
Interpreting the provisions of a statute to be enforced and (Vigan Electric v. PSC; Philcomsat v. Alcuaz)
they are binding on all concerned until they are change (ex:
BIR Circulars)
c. Contingent legislation
Rules/Regulations made by the administrative authority on
existence of certain facts or things upon which the
enforcement of the law depends.
REQUISITES FOR VALIDITY OF RULES: Licensing includes agency process involving grant, renewal,
denial, revocation, suspension, annulment, withdrawal,
1.Issued under Authority of Laws limitation, amendment, modification or conditioning of a
must not go beyond the standards prescribed by the law. license. (GR-DR-SAM-C)
General in application License includes the whole or any part of any agency permit,
Valid as long as germane, consistent, implements the law certificate, passport, clearance, approval, registration, charter,
membership, statutory exemption or other form of
2.Within the scope and purview of the law permission, or regulation of the exercise of a right or
privilege. (PCPC-ARCM-SPR)
Sec 17 of the rules and regulations implementing RA 8171 which When the grant, renewal, denial or cancellation of a license is
provided that death penalty shall not be inflicted upon a woman required to be preceded by notice and hearing, it cannot be
w/in 3 years nxt following the date of sentence or while she is withdrawn, suspended, revoked or annulled without notice
pregnant was declared invalid since the same being impermissible and hearing (Sec 17(1), Bk, VII)
contravention of Sec 83 of the RPC which provides that the death
penalty shall not be inflicted upon a woman while she is pregnant no license may be withdrawn, suspended, revoked or
or w/in 1 yr after delivery. annulled without notice and hearing (Sec 17(2), Bk VII)
EXCEPTIONS:
3.Reasonable
1. in cases of willful violation of pertinent laws,
4.Publication rules and regulations
2. when public security, health or safety require
Publication must be full or it is no publication at all. otherwise
Every agency to file with the UP Law Center three (3) Where the licensee has made timely and sufficient
certified copies of every rule adopted by it. (Bk. VII, Sec. 3) application for the renewal of a license, the existing license
Date of effectivity of rule: 15 days from the date of filing shall not expire until the application shall have been finally
(Bk. VII, Sec. 4) determined by the agency. (Sec. 18, Bk, VII)
EXCEPTIONS: A license is always revocable. (Gonzalo Sy Trading)
1. different date is fixed by law or specified in the
rule
2. in cases of imminent danger to public health,
safety and welfare,
Publication is indispensable
Publication essential especially if general in character
Rule on publication of administrative issuances different
from the Tañada ruling
Tanada ruling: Publication in O.G. or newspaper of general
circulation is required for effectivity of administrative rules
and regulations.
What need not be published:
1. interpretative regulations
2. internal regulations ( regulating only personnel of
agency
3. letters of instructions issued by administrative
superior to their subordinates
Contempt
Do all agencies with quasi-judicial functions have the power to cite
for contempt?
No. Power must be expressly granted in the agency’s charter
(ex. PD 902-A creating the SEC)
If no law, must invoke the aid of RTC
Rationale: power to punish for contempt inherently judicial
The power to cite for contempt can only be used in
connection with judicial and quasi-judicial functions and with
ministerial functions. (Guevara v. COMELEC)
PART IV.
B. Rules of Evidence
JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS EXCEPTIONS TO EXHAUSTION:
2006 Notes:Silence of Congress should not be interpreted as 1. Doctrine of Qualified Political Agency (Alter Ego)
indicating a legislative intent to preclude judicial review. (Uy v.
Palomar) When the Undersecretary of the Secretary of Natural
Resources denied the motion for reconsideration, he was
EXHAUSTION OF ADMINISTRATIVE REMEDIES acting on behalf of the Sec. of Natural Resources,
accordingly,administrative remedies had been exhausted.
Where law has delineated a procedure by which administrative
appeal or remedy could be effected, the same should 2005 notes: Where Appeal to the President had been made
be followed before recourse to judicial action can be and before the President could act on the appeal, the same
initiated was withdrawn, there was deemed to have been failure to
exhaust remedies, besides, by appealing to the Pres.,the party
recognized palin, speedy and adequate remedy still open to
him in the ordinary course of law & thus his special civil
action must fail.
GEN RULE: Courts cannot interfere with proceedings undertaken
by AA
2005 notes: Decision of DAR Secretary cannot be questioned
before the DARAB since exhaustion is improper in this case
EXCEPTIONS: since RA 6657 specifically provides that decisions and
(1) AA has gone beyond statutory authority awards of DAR be brought to the Court of Appeals.
(2) AA exercised unconstitutionall powers
(3) AA clearly acted arbitrarily and without regard to 2. Where Administrative Remedy is fruitless
his duty 3. Where there is estoppel on the part of
(4) Grave abuse of discretion administrative agency
(5) Decision vitiated by fraud, imposition or mistake
(Manuel v. Villena) 4. Where issue is purely a legal question
In the case of Republic (PCGG) v. SB, the Court held that failure 5. Where Administrative action is patently illegal
to observe the doctrine of exhaustion of administrative remedies amounting to lack or excess of jurisdiction.
does not affect the jurisdiction of the Court. The only effect of non- 6. Where there is unreasonable delay or official
compliance with this rule is that it will deprive the complainant of inaction.
a cause of action, which is a ground for a motion to dismiss. If not 7. Where there is irreparable injury or threat, unless,
invoked at the proper time (BY FILING A MOTION TO judicial recourse is immediately made.
DISMISS), this ground is deemed waived and the court can take 8. In land cases, where subject matter is private land.
cognizance of the case and try it. In this case, seven years is hardly
within "the proper time".
9. Where law does not make exhaustion a condition
precedent to judicial recourse.
No resort to the courts will be allowed unless the administrative 1.fitness of the issue for judicial decision (question of law, not
action has been completed and there is nothing left to be done in policy-making)
the administrative structure.
2.hardship to the parties of withholding such court action
Citizenship cannot be declared in an action for declaratory 2005 notes: COLLATERAL : relief from adiministrative action
relief. (Azajar v. Ardalles) sought in a proceeding the primary purpose of which is some relief
DR must precede breach so as to avoid multiplicity of suits. other than the setting aside of the judgement, although an attack on
(De Borja v. Villadolid) the judgement may be incidentally involved (ex: A damage suit
against the administrative officials)
DR not available to a taxpayer who questions his tax liability.
(National Dental Supply v. Meer)
F. Habeas Corpus
In what cases will habeas corpus pertinent in administrative
cases?
Deportation cases
It is a plain, speedy, adequate remedy to secure release of
persons under custody
Success of petition depends on the legality of the detention
WHC would still issue even if the person is already released
if the release is conditional such as when there is
surveillance, there is limitation in the place where he can go,
etc.
Detention is legal if it is reasonable (Mejoff v. Director of
Prisons)
Bail renders a WHC moot and academic as the bail bond
gives him liberty. (Co v. Deporation Board; Lucien Tran Van
Nghia v. Liwag) Note though that in Crim Pro we were
taught that WHC may still issue despite the granting of bail
when there is still effective detention.
Question of Fact
WRITS OF EXECUTION
GENERAL RULE:
GEN RULE: findings of fact of AA, if supported by Agencies performing quasi-judicial functions have the implied
substantial evidence, is conclusive on the courts power to issue writs of execution.
EXCEPTIONS:
1. not supported by evidence presented EXCEPTION:
2. not supported by substantial evidence If the enabling law expressly provides otherwise
EXAMPLES:
1. WON thing exists If the law is silent, presume that the agency has the power to
enforce its decisions emanating from its quasi-judicial
2. WON event took place
powers. (Apolega v. Hizon)
3. Which of 2 conflicting versions is correct
If the writ of execution is refused to be implemented, the
proper remedy is MANDAMUS because by virtue of the writ
SC may not accept AA’s findings of fact when the decision of execution, the duty has become ministerial. (Vda. de
was rendered by an almost evenly divided court and that the Corpuz v. the Commanding General of the Philippine Army)
decision was precisely on the facts as borne out by the CFI and the NLRC are co-equal such that an order even if not
evidence. (Gonzales v. Victory Labor Union) directed against the NLRC when it's effect would be to freeze
it's executory decision should be nullified. (Ambrosio v.
When there is grave abuse of discretion amounting to lack of Salvador)
jurisdiction, there is a justification for the courts to set aside The authority to decide cases (quasi-judicial powers) should
the administrative determination reached. (Banco Filipino v. normally and logically begin to include the grant of authority
Monetary Board) to enforce and execute the judgment it thus renders, unless
the law otherwise provides. (GSIS v. CA)
There is substantial evidence when there is a semblance of
reasonableness in your conclusion
Substantial evidence does not require you to be sure but Brandies Assimilation of Facts:
merely REASONABLE
Court must review the ENTIRE records. Substantial evidence Finding of fact upon the question of law, the court will, in order to
must be taken as a whole - should not be selective in resolve the question of law, examine the factual setting including
reviewing the case. (Universal Camera Corporation v. the evidence adduced thereto.
NLRB)
Questions of Discretion