JUDICIAL REVIEW

A.What is Judicial Review?

 Review means a re-consideration or re-examination for the purposes of correction.

 Through the power of judicial review, courts may determine the legality or propriety of the
exercise of discretion by the political departments of government.
 The purpose of judicial review is to keep the administrative agency within its jurisdiction and
protect substantive rights of parties affected by its act, rule or decision.

What are subject to review?

 Any agency action is subject to judicial review in an appropriate case.

 “Agency action” includes the whole or part of any agency rule, order, license, sanction, relief, or
its equivalent or denial thereof.

Methods of Judicial Review

 A person aggrieved by an act rule or decision of an administrative agency is entitled to seek

review thereof by the courts.
 Modes of judicial review vary according to the statutes and the nature of the agency action
sought to be reviewed, which are: an ordinary court action, appeal petition for review, petition
for writ of certiorari, a petition for prohibition and a petition for mandamus.
 Some statutes especially provide for such judicial review; others are silent.
 The mere silence of the law does not necessarily imply that judicial review is unavailable.
 The remedies that may be availed of, where the statute is silent, are the special civil actions for
certiorari, prohibition and/or mandamus under Rule 65 of the Rules of Court.

Ordinary action for injunction

 An ordinary complaint for injunction filed with the RTC is the usual remedy against a purely
administrative act of an administrative agency.
 The same remedy applies where what is questioned is the rule or regulation issued by an
administrative agency in the exercise of its quasi-legislative or rule-making power.

Appeal

 Ordinary appeal may be availed of, where the enabling statute specifically provides that
decisions of the quasi-judicial body may be appealed as in ordinary civil cases within a specified
period.
B. Limitations on Judicial Review

 In general, courts have no supervising power over the proceedings and actions of the
administrative departments of the government. This is generally true with respect to acts
involving the exercise of judgement or discretion, and findings of act.
 Administrative proceedings may be reviewed by the courts upon a showing that the board or
official has gone beyond his statutory authority, exercised unconstitutional powers or clearly
acted arbitrarily and without regard to his duty or with grave abuse of discretion or that the
decision is vitiated by fraud imposition or mistake.

Exercise of review power subject to certain guideposts.

 Review is justified when there has been a denial of due process, or mistake of law or fraud
collusion or arbitrary action in the administrative proceedings.
 The Court will reverse or modify an administrative decision where the rights of a party were
prejudiced because the administrative findings, conclusions or decisions are in violation of the
constitutional provisions; in excess of authority or jurisdiction; made upon irregular procedure;
vitiated by fraud imposition or mistake;...

Judicial Review of Rules and Regulations

In considering a legislative rule, a court is free to make three inquiries:

 Whether the rule is within the delegated authority of administrative agency;

 Whether it is reasonable; and
 Whether it was issued pursuant to proper procedure.

A court, when confronted with an interpretative rule, is free to:

 Give the force of law to the rule;

 Go to the opposite extreme and substitute its judgement; or
 Give some intermediate degree of weight to the interpretative rule.

Judicial Review of Administrative Decision.

 In general, courts have no supervisory power over the proceedings and actions of the
administrative departments of the government.
 The reason is that in the exercise of their powers in their respective specialized fields, these
quasi-judicial agencies have acquired knowlegibility, experience and expertise which are
essential on the resolution of questions of complex or specialized nature.