ADMINISTRATIVE ADJUDICATION (Outline) Prepared By: Atty. Pepito A. Manriquez I.

GOVERNING LAWS/RULES – A – RULE XIV – (DISCIPLINE, Sections 1 to 58) of the Omnibus Rules Implementing Book V of Executive Order 292 (The Administrative Code of 1987). B – Ombudsman Administrative Order No. 17 of September 15, 2005 amending Rule III of Administrative Order No. 07 of April 10, 1990. C – Section 63 of R.A. 7160, The Local Government Code of 1991 for Elective Local Government Officials. D – Book VII (Administrative Procedure) – of Executive Order 292 (The Administrative Code of 1987). NB. (a) Unless there are express provisions contained in their respective rules of procedures, the Rules under No. A hereof (Rule XIV, Section 1-58 of the Omnibus Rules etc.) are supplementarily applied, even in the Office of the Ombudsman (Section 1, Paragraph (h) of Omnibus Administrative Code No. 17). (b) Notwithstanding the existence of the foregoing laws/rules to govern the conduct of the proceedings in disciplinary Administrative Investigation, the Office of the Ombudsman has a concurrent jurisdiction over all administrative investigation upon all public officers/officials in the government (Section 21, RA 6770) except those officials who are: (a) removable by impeachment; (b) members of the judiciary; and (c) members of Congress. The reason why the Ombudsman is given such power and authority is stated by the Supreme Court in the case of Vasquez vs. Alinio et. al. G.R. No. 198813-14 April 8, 1997, when it said: “XXX to insulate the said Office from the long tentacles of officialdom that are able to penetrate judge’s and fiscal’s offices and others involved in the prosecution of erring public officials, and through the exertion of official pressure and influence, quash, delay or dismiss investigations into malfeasances and misfeasances committed by public officers.” II. FILING/INSTITUTION OF ADMINISTRATIVE COMPLAINT – 1. OMBUDSMAN a – by a written complaint under oath accompanied by affidavits of witness and other evidences – must also be accompanied by a Certification of Non-Forum Shopping; b – Upon order by the Ombudsman or by his Deputies on his own initiative; or c – Upon the basis of a complaint originally filed as criminal, complaint or request for assistance (Sec. 3, Rule III). 2. OTHER OFFICES conducted by a Preliminary investigation – (1) Fact finding investigation will be

committee which may recommend the filing of the case and prepare the formal charge – requiring the respondent to file his/her answer within 72 hours. (2) Fact-Finding Investigation – may also be conducted by the office of the 1

GOVERNOR. the complaint may be dismissed if no probable cause is generated.Ombudsman if the complaint is not sufficient in form or in substance pursuant to Section 13. 3019 should be limited to ninety (90) days (Delosa vs. The Local Government Code of 1991. 7160. R. III. 17. courts for low ranking accused) under Section 13. (a) Preliminary Investigation may be conducted on the criminal aspect of the case. C – Issued upon motion by the prosecution. B – Preventive suspension of an elective public officer under Section 13 of R. By the Courts. 2.A. Sandiganbayan. 4. By the Office of the Ombudsman – Section 24 R. there is great probability that the continued stay in office by the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence. 173 SCRA 409). B – Shall continue until the case is terminated but not to exceed six (6) months.A. R. A – Without pay if in the JUDGMENT of the Ombudsman or his proper Deputy. and (b) Administrative Investigation will be pursued on the administrative aspect pursuant to Administrative order No. IV. A – If there are reasons to believe that respondent is guilty of charges which would warrant his renewal from the service. Sandiganbayan for high ranking accused. B – Not more than NINETY (90) days.A. or MUNICIPAL MAYOR upon elective Local Government Unit (LGU) Officials pursuant to Section 63.e. hence there is a hearing despite the fact that the issuance of such preventive suspension is mandatory upon the court. 3019. 17. PREVENTIVE SUSPENSION – Issuance and nature of Preventive Suspensions differ according to the governing laws observed by the issuing Agency. Omnibus Rules Implementing Book V of Executive Order No. EVIDENCE – Substantial evidence (testimonial / affidavits of witnesses) all documents must be without acted – certified true copies – which may be attached to the position paper. After such fact-finding investigation. Rule XIV. 292 (Administrative Code of 1987). and 3) Given the gravity of the offense. B – Not beyond SIXTY (60) days except when charged with more than one (1) offense where NINETY (90) days preventive suspension may be imposed – (Mayor Binay Case of Makati City). the Anti-Graft and Corrupt Practices Act – A – When the accused is charged under a valid information. 2 . 2) Evidence of guilt is strong. 1. 6770).A.A. R. the evidence of guilt is strong (so no hearing is necessary) to determine whether or not the evidence of guilt is strong. after their corresponding docket numbers are duly assigned. 6770 and Section 9 Ombudsman Administrative Order No. (All these elements are to be determined in a hearing). By any other agency pursuant to Civil Service Laws – i. If there is. A – 1) When the issues are joined. By the PRESIDENT. it is submitted that there must be a hearing before preventive suspension order may be issued. 3. Section 26.

(b) Sources of the administrative law – 1) Statute of legislation –passed by congress. Petition for Review on Certiorari. ADMINISTRATIVE LAW Outline by: Atty. Seeking to carry on certain business of the government. except when judicial intervention is needed – before final order or decision is issued (Certiorari under Rule 65. Settling of bodies where the government becomes a private party (COA. 4. Regulate business affected with public interest. C – APPEAL – 1. (Sec. Adjusting individual controversies because of strong individual serial policy 6. ADMINISTRATIVE LAW – a) Definition – It is that branch of public law which fixes the organization of the government. DECISIONS IN DISCIPLINARY ADMINISTRATIVE INVESTIGATION A – Rule IV – Section 23 (22) may be applied in the imposition of the penalties (principal and accessory penalties) unless so provided by the agencies’ rules of procedures. Rules of Court). Chapter IV – Administrative Appeal in Contested Cases. Offering some gratuity grant or social privilege. Rules of Court. Desierto). Exercising police power to regulate private business. determines the administrative authority of the officers who execute the laws and indicate to the individuals remedies for the violation of their rights.(Fabian vs. 19-26) 2. Supreme Court on question of Law under Rule 45. 3. 2) Decisions/Interpretations made by the courts. (d) Function – to make the government machinery work well and in an orderly manner. II. 4) Decisions/interpretations made by the administrative body/agency tasked to implement the law.Those set-up to function when the government is – 1.V. 5. Manriquez I. ADMINISTRATIVE BODY (a) Definition – A body composed of one or more officials designated to carry on certain business of the government. Appeal to the Court of Appeals under Rule 43 of the Rules of Court . (c) Purpose – its chief concern is the protection of private rights. GSIS) (c) Powers of administrative bodies/agencies 3 . (b) Types of administrative bodies – . 3. 3) Rules and regulations made by the administrative agency or body charged of implementing the law. B – Appeals to the higher level of the same agency has to be resorted to in order that the Doctrine of Exhaustion of Administrative Remedies is complied with. 2. Pepito A.

as basis for their official action. Section 3). Court of Appeals. enabling powerse. June 30. Ongpin. Code of 1987). 4 . administered and/or implemented. Aldenese. and to exercise discretion of a judicial nature (Lupangco vs. (b) Exceptions (b-1) Those which are merely internal in nature regulating personnel of the agency and not the public. and (b-3) Instruction covering workload. Exec. examining powers 4. Determinative Powers a. 43 Phil 259). NLRC. (a-5) Must be registered with the UP Law Center (Book VII – Chapter 2. (c-1) Adjudicative fact (d) Types of administrative investigation (d-1) Determinative – the purpose is to determine the facts that would qualify the positive application of the law being enforced. of a public administrative office or body required to investigate facts. directing powers b. discretion. and draw conclusions from them. vs. (c) Trial type hearing – Trial type hearing of full-blown hearing is needed when adjudicative fact is to be established (Mabuhay Textile Mills Corporation vs. Tuvera. (b) Doctrine of Primary Jurisdiction (b-1) Definition – It means that judicial action of a case is deferred pending the determination of some issues which properly belong to an administrative body because their expertise. Commissioner of Customs. etc. (c) Categories of rules and regulations that may be promulgated by an administrative body/agency – (c-1) Those that are intended to supply the details of a legislation (c-2) Those that are intended to construe or interpret the particulars law or statute being enforced. it is being separately treated under Administrative Adjudication). 1969) (a-4) Must be published in the Official Gazette and newspaper of general circulation. It is the quality of evidence necessary for a court to affirm a decision of an administrative body. (d-2) Disciplinary administrative investigation – (next topic. Apparels Workers Union vs.1. 184 SCRA 420) (b-2) Substantial Evidence – (Summary procedure) – Such evidence that a reasonable mind might accept as adequate to support a conclusion. Quasi-Legislative Powers/Ordinance Powers/Rule-Making Powers (a) Requisites for the validity of administrative rules and regulations (a-1) It must have been issued under authority of the law (Phil. dispensing powers c. 5. 106 SCRA 444). wearing of uniforms. Court of Appeals 160 SCRA 846). 146 SCRA 446). knowledge and resources as required for the resolution of the factual or non-legal matters. (Reduction Expertise. Quasi-Judicial Power (a) Definition – a term applied to the action. 292 (Adm. Order No. hold hearings. or ascertain facts. specialized skills. Ministerial Powers 2. L10979. (Tañada vs. Inc. summary powers d. (a-2) Must be within the scope and purview of the law (Olsen vs. (c-3) Those that are intended to determine some facts or state of things from which the enforcement of the law shall depend. Discretionary Powers 3. etc. (a-3) It must be reasonable (Pascual vs. 141 SCRA 437). (b-2) Letters of instruction issued by an administrative superior to be followed by subordinates.

ADMINISTRATIVE ORGANIZATION – ADMINISTRATIVE CODE OF 1987 (E. 190 SCRA 154) 8. Mañigo. 20 SCRA 742) 10. 9 SCRA 125) 7. 3-gross abuse of discretion Remedies/Course of Action – 1-Question of facts – final 2-Question of Law –Rule 45. (a) Brandies Doctrine of Assimilation of Facts – N. Garucho. the aforecited remedy may be availed of. when the land in question is a private land (Boladjay vs. V. 6. otherwise.R. When it will result into the nullification of the claim or cause of action (Gravador vs. Rules of Court on petitions for Review or Certiorari 3-Mixed Questions of Facts and Laws –Court of Appeals. Rule 43. If a decision has already been handed down. 17O SCRA 256) 3. 2-error of law. Rule 65 Rules of Court by means of Certiorari as a special action grounded on grave abuse of discretion amounting to lack of jurisdiction. 1968) IV. Castillo. NLRC) 5. or officer. relief to court against which action can be sought only after exhausting all remedies provided for – (b) Purpose – to compel the parties to avail themselves of all administrative remedies on hand and avoid long. (c) Ripeness of the case for Judicial Intervention – it may occur at any stage of the investigation when grave abuse of discretion.B. body. 19 SCRA 28) 2. When no administrative review is provided by law (Hodges vs. Aldena. When the party invoking the doctrine is guilty of estoppel (Sunga vs. Belmonte.III. 11 SCRA 1064) 9. When the issue is purely legal (Valmonte vs. and expensive court litigation. tedious. Franching. (d) Exceptions to Exhaustion of Administrative Remedies – 1. When there is no plain adequate and speedy remedy available (Tiangco vs.When there is official action demanded by public interest (Alzate v. REVIEW OF ADMINISTRATIVE DECISIONS BY THE COURT – As a general rule. When there is “qualified political agency” (Ventura vs. irregularities prejudicial to the interest of either of the parties needs court interference. 173 SCRA 336) 4. Municipality of Iloilo. the findings of facts made by an administrative body deserves to be respected and be considered as final except when such finding is tainted with 1-fraud. Marcelino. When there is unreasonable delay of official action that will prejudice the complaint (Sunga vs. 6682 (b) Seven (7) Books in the Administrative Code of 1987 – 1-Sovereignty and General Administration 5-Constitutional Commission 2-Distribution of Powers in the Government 6-National Government Budgeting 3-Office of the President 7-Administrative Procedure 4-The Executive Branch 5 . 1989 . NLRC.A. 292) – Date of Effectivity – (a) November 24. In land case. Rules of Court.O. When the amount involved is too small as to make the rule impractical and oppressive to the complaint (Cipriano vs. 43 SCRA 291). EXHAUSTION OF ADMINISTRATIVE REMEDIES (DOCTRINE OF) (a) Definition – where the law provides for the remedies against the actions of an administrative board. February 19.

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