Chapter 5 Quasi-judicial function is a term which applies to the action
discretion ect. Of public administrative officers or bodies, who
PRICIPLES OF QUALIFIED POLITICAL AGENCY, QUASI-
JUDICIAL FUNCTION AND EXHAUSTION OF
ADMINISTRATIVE REMEDIES
Doctrine of qualified political agency
Means that the acts of the secretaries of the Executive
departments performed and promulgated in the regular
course of business are presumptively the acts of the
Chief Executive. (Villena v. Secretary of the Interior,
G.R. No. L46570, April 21, 1939)
“Control’’ defined or explained
The word “controls” means to exercise “restraining or directing
influence over; to dominate, regulate, hence to hold from action;
to curb to subject; also overpower.
Public interest must be paramount concern of government
and citizen in the implementation of public law and
performance of public duties
The inescapable implementation of public law by those in
government, and performance of public duties by the realm of
harmony in their common quest to find the common good public
interest.
Quasi-judicial defined and explained
Quasi-judicial relates or involves executives or administrative
official’s adjudicatory acts. They are quasi-judicial acts is that
performed by as official who is not a judge.
Quasi-judicial function defined
are required to investigate facts, or ascertain the existence of
facts, hold hearings, and draw conclusions from them, as
discretion of judicial nature.
Discretion of quasi-judicial bodies not subject to control by
the president
It is general in the executive branch of government that all the
personal thereof are subject to total control of the president, as
chief executive. The only exceptions to this are persons or
bodies performing quasi-judicial bodies. The president cannot
interface with them while they in
The process of exercising their quasi-judicial, except by appeal
if the matter in controversy is appealable to another executive
himself. Then and only then that it could be said that there is
exhaustion of administrative remedies.
Scope of the presidential power of control over the
executive branch of government
The presidential power of control over the executive branch of
government extends to all executive employees from the
department secretary to the lowliest clerk a constitutional power
that is self-executing and which does not require any
implementing law, congress cannot limit or curtail the
president’s power over the executive branch.
Executive order No. 420 is an exercise of executive power
explained
Under the constitutional power of control of the president, he or
she can direct all government entities, in the exercise of their
functions under existing laws to adopt a uniform ID data
collection and ID format to achieve savings efficiency, reliability,
compatibility and convenience to the public. The president’s
constitutional power of control over the executive department as
well as compliance by the president of the constitutional duty
that the laws are faithfully executed, the president did not make,
alter or repeal any law, but merely implemented and executed
existing laws.
The case Hongkong in Shanghai Bank Corporation
Ltd.vs.GO. Sportswear manufacturing corporation (489
SCRA 578)
In this case, the Supreme Court held inter alia that: “the doctrine
of exhaustion of administrative remedies is a cornerstone of our
judicial system. “Moreover, “the thrust of the rule on exhaustion
of administrative remedies is that the court must allow the
administrative agencies to carry out their functions within the
specialized areas of their respective competence.” Portion of the
decision follow.
Congress has the authority to inquire into the operations of the
executive branch, and its power of inquiry extends to executive
officials who are the most familiar with and informed on
government operations. However, even when he is in aid of
legislation there are still recognized exceptions to the power of
inquiry, which exemptions fall under the public executive
privilege.
Executive privilege defined and explained
Executive privilege is a privilege based on the constitutional
doctrine of separation of powers that exempts the executive
branch of the national government from usual disclosure
requirements often when the matter to be disclosed involves
national security or foreign policy. The privilege being, by
definition, an exemption from the obligation to disclose
information, in this case, to congress, the necessity must be of
high degree as to outweigh the public interest in enforcing the
obligation the obligation in a particular case.
Rule on exhaustion of Administrative remedies explained
The rule of exhaustion of administrative remedies provides that
where the statute specifically provides administrative steps
before resort to the courts may be made, it is sound government
in the public policy to make parties adhere to it, unless
somewhere in the process a denial if due process occurs for
immediate judicial intervention.
Exception to the doctrine is:
1. Where it plainly appears that the administrative remedy
would be of no value and fruitless, the party seeking
judicial relief does not have to complete administrative
procedures before resorting to the courts.
2. When there is estoppel on the part of the administrative
agency claiming the benefit of the doctrine.
3. When no administrative action is possible because the
question involve is purely a legal question.
4. When the administrative action for which relief is sought
is patently illegal amounting to a lack of jurisdiction.
5. When there is unreasonable delay or official or official
inaction;
6. When there is an irreparable damage to injury or threat
thereof unless resort to the court is immediately made.
7. When the doctrine of qualified political agency applies.
8. In extreme cases, where there is no other plain, speedy,
or adequate remedy in the ordinary course of law.
9. In land cases, the doctrine applies only to lands of the
public doctrine the rule is inapplicable to private lands,
 not even to those acquired by the government for resale 1.
to individuals.
10. When there are special reasons or circumstances
demanding immediate action.
11. Where the law does not make as administrative remedy a
condition precedent to judicial resort.
12. Where the observance of the exhaustion requirement
would result in the notification of the claim being
asserted.
13. When there is nothing left to be done but to go to court.
14. When the question involved is essentially judicial; and
15. When due process is clearly violated.

Petitioner posits four arguments, namely:

I
THERE WAS NO VALID GROUND FOR GG SPORTWEAR TO
DESPENSE WITH A MOTION FOR RECONSIDERATION.
II
THERE WAS NO VALID GROUND FOR GG SPORTWEAR TO
DESPENSE WITH AN APPEAL TO THE [SEC] EN BANC.
III
THE HEARING PANEL OF THE SEC DID NOT ACT WITH
GRAVE ABUSE OF DISCRETION IN DISMISSING THE
PETITION.
IV
GG SPORTWARE FAILED TO COMPLY WITH THE
REQUIREMENTS OF SECTION 5 RULES 7 OF THE RULES
OF COURT.
The first three arguments can be compressed into one
pivotal issue, namely, whether or not the court of appeals
should have dismissed respondent’s special civil action for
certiorari for failure to exhaust administrative remedies.
The remedies available to respondent were states clearly
enough in the 1999 SEC rules of procedure.

The exceptions to the doctrine of exhaustion of

administrative remedies are: