I. Administrative Law
NLRC, SEC, PRC, Social Security Commission,
A. General principles
Q: Define Administrative Law.
A: It is a branch of public law under which the
executive department of the government, acting in a
quasi-legislative or quasi-judicial capacity, interferes
with the conduct of the individual for the purpose of
promoting the well-being of the community [NACHURA
2009).
Q: What are the kinds of Administrative Law?
A: The following are the kinds of administrative law:
1. Statutes setting up administrative authorities;
2. Body of doctrines and decisions dealing with
the creation, operation, and effect of
determinations and regulations of such
administrative authorities;
3. Rules, regulations, or orders of such
administrative authorities in pursuance of the
purposes, for which administrative authorities
were created or endowed; and
4. Determinations, decisions, and orders of
such administrative authorities in the
settlement of controversies arising in their
particular field.
Q: What is the reason for Administrative Law?
A: The main purpose is to increase the function of the
government. The three (3) important reasons for
administrative law are:
1. Growing complexity of modern life;
2. Multiplication of the subjects of governmental
regulations;
3. Increased difficulty of administering the laws
(THE CONFERENCE OF MARITIME
MANNING AGENCIES, INC., et al v
PHILIPPINE OVERSEAS EMPLOYMENT
ADMINISTRATION, G.R. No. 114714 April
21, 1995).
Q: Distinguish administration as a function and
administration as an institution.
A: Administration as a function is the execution, in
non-judicial matter, of the law or will of the State as
expressed by competent authority. Administration as
an institution is the group or aggregate of persons who
actually run the government during their prescribed
terms of office.
B. Administrative agencies
Q: What is an administrative agency?
A: It is an organ of government, other than a court and
the legislature, which affects the rights of private
parties either through adjudication or rule making.
Q: How are administrative agencies created?
A: By:
1. 1987 Constitution
(E.g. CSC, COMELEC, COA, CHR, Commission on
Appointments, Judicial and Bar Council, NEDA and
Office of the Ombudsman)
2. Legislative Enactments
(E.g.
Commission on Immigration and Deportation,
Philippine Patent Office, Games and Amusement
Board, Board of Energy, and Insurance Commission)
3. Executive Orders/ Authorities of law
(E.g. Fact-finding Agencies)
Q: What are the different kinds of administrative
agencies in the Philippines?
A: The different kinds of administrative agencies in the
Philippines are:
1. Administrative bodies for regulation
under police power (e.g. LTO)
2. Administrative bodies for regulation
of businesses affected with public interest (e.g.
Insurance Commission, LTFRB, NTC, HLURB)
3. Administrative bodies providing
government grant or gratuity, special privilege (e.g.
Bureau of Lands, Phil. Veterans Admin., GSIS, SSS,
PAO)
4. Administrative bodies for carrying out
the actual business of government (e.g. BIR, Customs,
Immigration, Land Registration Authority)
5. Administrative bodies for regulation
of private businesses and individuals (e.g. SEC)
6. Administrative bodies that perform
service for public benefit (e.g. Philpost, PNR, MWSS,
NFA, NHA)
7. Administrative bodies for adjustment
of individual controversies because of a strong social
policy involved (e.g. ECC, NLRC, SEC, DAR, COA)
8. Administrative bodies for making the
government a private party (e.g. GSIS)
Q: What is an agency?
A: It refers to any of the various units of the
Government, including a department, bureau, office,
instrumentality, or government-owned or controlled
corporations, or a local government or a distinct unit
therein (ADM CODE Sec 2).
Q: What is a department?
A: It refers to an executive department created by
law. For purposes of Book IV, this shall include any
instrumentality, as herein defined, having or assigned
the rank of a department, regardless of its name or
designation (ADM CODE Sec 2).
Q: What is a bureau?
A: It refers to any principal subdivision or unit of any
department. For purposes of Book IV, this shall include
any principal subdivision or unit of any instrumentality
given or assigned the rank of a bureau, regardless of
actual name or designation, as in the case of
department-wide regional offices (ADM CODE Sec 2).
Q: What is an office?
A: It refers, within the framework of governmental
organization, to any major functional unit of a
department or bureau including regional offices. It may
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 also refer to any position held or occupied by individual remedies (DEAR).
persons, whose functions are defined by law or A valid exercise of A valid exercise of
regulation (ADM CODE Sec 2). quasi‐ legislative quasi‐judicial power
power does not requires prior notice
Q: What is an instrumentality? require prior notice and hearing (except
A: It refers to any agency of the National Government, and hearing (except when the law
not integrated within the department framework vested when the law requires requires it)
within special functions or jurisdiction by law, endowed it)
with some if not all corporate powers, administering An issuance pursuant An issuance
special funds, and enjoying operational autonomy, to the exercise of pursuant to the
usually through a charter. This term includes quasi‐ legislative exercise of quasi‐
regulatory agencies, chartered institutions and power may be judicial function is
government-owned or controlled corporations (ADM assailed in court appealed to the
CODE Sec 2). through an ordinary Court of Appeals via
action. petition for review
Q: What is a government-owned or controlled (Rule 43).
corporation?
A: It refers to any agency organized as a stock or A. QUASI-LEGISLATIVE (RULE-MAKING) POWER
non-stock corporation, vested with functions relating to Q: Define quasi‐legislative power.
public needs whether governmental or proprietary in A: This is the exercise of delegated legislative power,
nature, and owned by the Government directly or involving no discretion as to what the law shall be, but
through its instrumentalities either wholly, or, where merely the authority to fix the details in the execution
applicable as in the case of stock corporations, to the or enforcement of a policy set out in the law itself. It is
extent of at least fifty-one (51) per cent of its capital the power to promulgate rules and regulations to
stock: Provided, That government-owned or controlled implement a particular law.
corporations may be further categorized by the
Department of the Budget, the Civil Service Q: What are the kinds of quasi‐legislative power?
Commission, and the Commission on Audit for A:
purposes of the exercise and discharge of their 1.Supplementary legislation Pertains to rules
respective powers, functions and responsibilities with and regulations to fix details in the execution of a
respect to such corporations (ADM CODE Sec 2). policy in the law. e.g. IRRs of the Labor Code.
2. Interpretative legislation Pertains to rules
C. Powers of administrative agencies and regulations construing or interpreting the
Q: What are the three basic powers of provisions of a statute to be enforced and they
administrative agencies? are binding on all concerned until they are
A: changed, e.g. BIR Circulars.
1.Quasi‐legislative power or rule‐making power
2.Quasi‐judicial or adjudicatory power Q: What are the requisites for the valid exercise of
3.Determinative or Incidental power quasi‐legislative power?
A:
Q: Distinguish between quasi‐legislative and 1.Promulgated in accordance with the
quasi‐judicial power. Prescribed procedure
A: 2.Reasonable
3.Issued under Authority of law
QUASI- QUASI-JUDICIAL 4.Issued for the purpose of implementing
LEGISLATIVE existing law, pursuant to a valid delegation
Operates on the Operates based on are included in the term “laws” under Article
future past facts 2, of the Civil Code and must
Has general Has particular therefore be published in order to be
application application effective.
(applies only to the 5.It must be within the scope and purview of the
parties involved in a law.
dispute)
Issuance pursuant to Issuance pursuant to Q: May an administrative agency promulgate rules
the exercise of quasi‐ the exercise of quasi‐ providing for penal sanction?
legislative power may judicial power may, A: Yes, provided the following requisites are complied
be assailed in court as a rule, only be with:
without subscribing to challenged in court 1. The law must declare the act punishable
the doctrine of with prior exhaustion 2. The law must define the penalty
exhaustion of of administrative 3. The rules must be published in the Official
administrative remedies. Gazette. (The Hon. Secretary Vincent S. Perez

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 v. LPG Refillers Association of the Philippines,
G.R. No. 159149, June 26, 2006)
Q: Are administrative officers tasked to implement
the law also authorized to interpret the law?
A: Yes, because they have expertise to do so. (PLDT
v. NTC, G.R. No. 88404, Oct. 18, 1990)
Q: Are constructions of administrative officers
binding upon the courts?
A: Such interpretations of administrative officer are
given great weight, unless such construction is clearly
shown to be in sharp contrast with the governing law
or statute. (Nestle Philippines Inc. v. CA, G.R. No.
86738, Nov. 13, 1991)
Q: What is the Doctrine of Subordinate
Legislation?
A: Power of administrative agency to promulgate rules
and regulations on matters within their own
specialization. It is the power to promulgate rules and
regulations is only limited to carrying into effect what is
provided in the legislative enactment.
Q: What are the limitations on the doctrine of
subordinate legislation?
A:
1. Rule making power
2. Cannot contravene a statute or the
constitution
3. Partakes the nature of a statute – Rules
are not laws but have the force and effect of
laws.
4. Enjoys the presumption of legality –
therefore courts should respect and apply
them unless declared invalid, all other
agencies should likewise respect them.
II. QUASI-JUDICIAL (ADJUDICATORY) POWER
Q: Define quasi‐judicial power.
A: It is the power of administrative authorities to make
determinations of facts in the performance of their
official duties and to apply the law as they construe it
to the facts so found. It partakes the nature of judicial
power.
A. ADMINISTRATIVE DUE PROCESS
Q: What are the requisites of administrative due
process?
A:
1. Right to a hearing
2. The tribunal must consider the evidence
presented
3. Decision must be supported by evidence
4. Evidence must be substantial. Quantum of
Proof (Substantial Evidence)
5. Decision must be rendered on the evidence
presented at the hearing or at least contained in
the record and disclosed to the parties affected
6. Independent consideration of judge (Must not
simply accept the views of a subordinate)
7. Decision rendered in such a manner as to let
the parties know the various issues involved and
the reasons for the decision rendered. (Ang Tibay
v CIR G.R. No. L-46496, February 27, 1940)
Q: What is the nature of administrative
proceedings?
A: It is summary in nature.
Q: Is administrative proceedings bound by
technical rules of procedure and evidence?
A: The technical rules of procedure and of evidence
prevailing in courts of law and equity are not
controlling in administrative proceedings to free
administrative boards or agencies from the compulsion
of technical rules so that the mere admission of matter
which would be deemed incompetent in judicial
proceedings would not invalidate an administrative
order.
Note: The rules of procedure of quasi‐judicial bodies
shall remain effective unless disapproved by the
Supreme Court.
Q: When is notice and hearing required:
A:
1. When the law specifically requires it.
2. When it affects a person’s status and liberty.
Q: When is notice and hearing not required:
A:
1. Urgent reasons
2. Discretion is exercised by an officer vested
with it upon an undisputed fact.
3. If it involves the exercise of discretion and
there is no grave abuse
4. When rules to govern future conduct of
persons or enterprises, unless law provides
otherwise
5. In the valid exercise of police power.
B. ADMINISTRATIVE APPEAL AND REVIEW
Q: What is the concept of Administrative Appeal?
A: It refers to the review by a higher agency of
decisions rendered by an administrative agency,
commenced by petition of an interested party.
Q: What is the concept of administrative review?
A: Administrative appeals are not the only way by
which a decision of an administrative agency may be
reviewed. A superior officer or department head may
upon his or her own volition review a subordinate’s
decision pursuant to the power of control.
Administrative reviews by a superior officer are,
however, subject to the caveat that a final and
executory decision is not included within the power of
control, and hence can no longer be altered by
administrative review.
C. ADMINISTRATIVE RES JUDICATA
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 Q: Does the doctrine of res judicata apply to
administrative proceedings?
A: The doctrine of res judicata applies only to judicial
or quasi judicial proceedings and not to the exercise of
purely administrative functions. Administrative
proceedings are non litigious and summary in nature;
hence, res judicata does not apply.
Q: What are the requisites of res judicata?
A: The following are requisites for res judicata:
1. The former judgment must be final;
2. It must have been rendered by a court having
jurisdiction over the subject matter and the parties
3. It must be a judgment on the merits
4. There must be identity of parties, subject
matter and cause of action [Ipekdijan
Merchandising v. CTA (1963), Firestone Ceramics
v. CA (1999), DBP v. CA (2001)]
III. FACT-FINDING, INVESTIGATIVE, LICENSING AND
RATE-FIXING POWERS
Q: Explain the fact-finding and investigative power
of administrative agencies?
A: A statute may give to non-judicial officers:
1. The power to declare the existence of facts
which call into operation the statute’s provisions
and
2. May grant them and their subordinate officers
the power to ascertain and determine appropriate
facts as a basis of procedure in the enforcement
of laws.
3. Such functions are merely incidental to the
exercise of power granted by law to clear
navigable streams of unauthorized obstructions.
They can be conferred upon executive officials
provided the party affected is given the
opportunity to be heard. [Lovina v. Moreno
(1963)]
Administrative agencies’ power to conduct
investigations and hearings, and make findings and
recommendations thereon is inherent in their functions
as administrative agencies. Findings of facts by
administrative bodies which observed procedural
safeguards (e.g. notice and hearing parties, and a full
consideration of evidence) are accorded the greatest
respect by courts
Q: What is Licensing Power?
A: The action of an administrative agency in granting
or denying, or in suspending or revoking, a license,
permit, franchise, or certificate of public convenience
and necessity. (De Leon, Administrative Law,
2010)
Q: Define Rate‐Fixing Power.
A: It is the power usually delegated by the legislature
to administrative agencies for the latter to fix the rates
which public utility companies may charge the public.
(De Leon, Administrative Law, 2010)
Q: How is rate‐fixing power performed?
A: The administrative agencies perform this function
either by issuing rules and regulations in the exercise
of their quasi‐legislative power or by issuing orders
affecting a specified person in the exercise of its quasi‐
judicial power. (De Leon, Administrative Law, 2010)
Q: May the function of fixing rates be either a
legislative or adjudicative function?
A: Yes. The function of prescribing rates by an
administrative agency may be either a legislative or
and adjudicative function. (De Leon,
Administrative Law, 2010)
IV. DETERMINATIVE POWER
Q: What are the determinative powers exercised by
administrative agencies?
A:
1. Enabling – Permits the doing of an act which
the law undertakes to regulate and which would be
unlawful without government approval
2. Directing – Orders the doing or performance of
particular acts to ensure the compliance with the
law and are often exercised for corrective
purposes
3. Dispensing – To relax the general operation of
a law or to exempt from general prohibition, or to
relieve an individual or a corporation from an
affirmative duty
4. Examining – This is also called investigatory
power. It requires production of books, papers,
documents, and records, including the attendance
of witnesses and compelling their testimony
5. Summary – Power to apply compulsion or
force against persons or property to effectuate a
legal purpose without judicial warrants to authorize
such actions
D. Judicial recourse and review
Q: What are the requisites of judicial review of
administrative decisions?
A: The requisites of judicial review of administrative
decisions are:
1.Administrative action must have been completed. This is
the “principle of finality of administrative actions”; and
2.Administrative remedies must have been exhausted.
This is “principle of exhaustion of administrative
remedies” (Albano, p 879)
Q: Are the findings of administrative agencies
binding on the courts?
A: It depends. Only factual findings made by quasi-
judicial and administrative bodies supported by
substantial evidence are accorded great respect and
even finality by the appellate courts (Cosmos Bottling
Corporation vs Nagrama, G.R. No. 164403, March 4,
2008).
Q: Is the rule that factual findings made by quasi-
judicial and administrative bodies supported by
substantial evidence are accorded great respect
and even finality by the appellate courts absolute?
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 A: No. Factual findings of administrative agencies will
be disturbed by the courts when:
1.It is not supported by substantial evidence;
2.It is vitiated by fraud, imposition or collusion;
3.The procedure which led to the factual findings is
irregular;
4.When palpable errors are committed; and
5.When abuse of discretion, arbitrariness or
capriciousness is manifest (Suarez, 876-877)

Q: What are the doctrine related to the judicial Doctrine of Doctrine of

recourse and review of administrative decisions? Exhaustion of Primary
A: There are three doctrines and these are: Administrative Administrative
1. Doctrine of primary administrative jurisdiction Remedies Jurisdiction
2. Doctrine of exhaustion of administrative As to issues The Both the court and
remedies that can be administrative administrative
3. Doctrine of finality of administrative action passed upon agency has agency have
authority to pass jurisdiction to pass
Doctrine of primary administrative jurisdiction on every on a question
Q: What is the doctrine of primary administrative question raised when a particular
jurisdiction? by a person case is presented
A: Under the doctrine of primary administrative resorting to to court, as an
jurisdiction, courts will not determine a controversy judicial relief and original matter,
where the issues for resolution demand the exercise of enables the rather than a
sound administrative discretion requiring the special court to withhold matter of review
knowledge, experience, and services of the its aid entirely
administrative tribunal to determine technical and until the
intricate matters of fact. In other words, if a case is administrative
such that its determination requires the expertise, remedies had
specialized training, and knowledge of an been exhausted.
administrative body, relief must first be obtained in an
administrative proceeding before resort to the court is As to The claim or The claim or
had even if the matter is within the jurisdiction of the jurisdiction to matter is matter is
said court (Nestle Philippines vs Uniwide Sales Inc., take cognizable in cognizable by both
G.R. No. 174674, October 20, 2010) cognizance the first instance the court and
of a case by an administrative
Doctrine of exhaustion of administrative remedies administrative agency.
Q: What is the doctrine of exhaustion of agency alone.
administrative remedies?
A: Where the enabling statute indicates a procedure As to The purpose of The rule is not
for administrative review, and provides for a system of purpose of the rule is to concerned with
administrative appeal, or reconsideration, the courts the doctrine control the judicial review but
for reasons of law, comity and convenience, will not timing of judicial determines in
entertain a case unless available administrative relief from some instances
remedies have been resorted to and appropriate adjudicative whether initial
authorities have been given opportunity to act and action of an action should be
correct errors committed in the administrative forum agency. taken by a court or
(Teotico vs Ageda Jr., G.R. No. 87437, May 29, 1991). administrative
agency
Q: What is the difference between primary jurisdiction
and exhaustion of administrative remedies?
A: Primary administrative jurisdiction and exhaustion of
administrative remedies can be distinguished by:

5

Q: Are there exceptions to the doctrines of primary
jurisdiction and exhaustion of administrative
remedies?
A: Yes. The doctrine of primary jurisdiction and
exhaustion of administrative remedies are subject to
certain exceptions, to wit:
1. Where there is estoppel on the part of the party
invoking the doctrine;
2. Where the challenged administrative act is
patently illegal, amounting to lack of jurisdiction;
3. Where there is unreasonable delay or official
inaction that will irretrievably prejudice to the
complainant;
4. Where the amount involved is relatively so
small as to make the rule impractical and
oppressive;
5. Where the question involved is purely legal and
will ultimately have to be decided by the courts of
justice;
6. Where the judicial intervention is urgent;
7. Where the application of the doctrine may
cause great and irreparable damage;
8. Where the controverted acts violate due
process;
9. Where the issue of non-exhaustion of
administrative remedies has been rendered moot;
10. Where there is no other plain, speedy
and adequate remedy;
11. Where strong public interest is involved;
and
12. In quo warranto proceedings (Samar II
Electric Cooperative Inc. (SAMELCO II) vs Seludo,
Jr., G.R. No. 173840, April 24, 2012)
Q: Is it necessary to apply the doctrine of
exhaustion of administrative remedies in all
cases?
A: No. Only those decisions of administrative agencies
made in the exercise of quasi-judicial powers are
subject to the doctrine. If in the exercise of its quasi-
legislative function, the regular court has jurisdiction
(Smart vs NTC, G.R. No. 151908, August 12, 2003).
Q: What is the effect of failure to exhaust
administrative remedies?
A: It results in lack of cause of action which is one of
the grounds allowed in the Rules of Court for the
dismissal of the complaint (Sunville Timber Products
Inc. vs Abad, G.R. No. 85502, February 24, 1991).
Q: Is the failure to exhaust administrative remedies
jurisdictional?
A: No. Failure to invoke it operates as a waiver of the
objection as a ground for a motion to dismiss (Sunville
Timber Products Inc. vs Abad, G.R. No. 85502,
February 24, 1991)
Doctrine of finality of administrative action
Q: What is the doctrine of finality of administrative
action?
A: The doctrine of finality of administrative action
means that before an administrative decision may be
subject to judicial review, the administrative action
must have already been fully completed and therefore
become final (Suarez, p 863)
Q: May the courts review the findings of facts of
administrative agencies?
A: The following are the instances when the findings of
facts of administrative agencies are subject to review
by the courts:
1. When the findings are grounded entirely on
speculation, surmises, or conjectures;
2. When the inference made is manifestly
mistaken, absurd, or impossible;
3. When there is grave abuse of discretion;
4. When the judgement is based in
misapprehension of facts;
5. When the findings of facts are conflicting;
6. When in making its findings, the CA went
beyond the issues of the case, or its findings are
contrary to the admissions of both the appellant
and the appellee;
7. When the findings are contrary to those of the
trial court;
8. When the findings are conclusions without
citation of specific evidence on which they are
based;
9. When the facts set forth in the petition as well
as in the petitioner’s main an reply briefs are not
disputed by respondent;
10. When the findings of facts are premised on the
supposed absence of evidence and contradicted
by the evidence on record; and
11. When the CA manifestly overlooked certain
relevant facts not disputed by the parties, which if
properly considered, would justify a different
conclusion (Donato Jr., vs Civil Service
Commission Regional Office 1, G.R. No. 165788,
February 7, 2007)
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