Fauni, Katrizia Atty.

Bilang
Admin and Election Law

Guide Questions #2 (for March 20, 2021)

1. What is quasi-judicial power?

Quasi-Judicial power or Adjudicatory power is the power of the

administrative agency to determine questions of fact to which the legislative
policy is to apply, in accordance with the standards laid down by the law
itself.

2. Compare this with quasi-legislative powers.

Quasi-judicial action involves enforcement of liabilities as they stand

on present or past facts and under laws supposed to exist, while
quasilegislation looks to the future and changes existing conditions by
making a new rule to be applied prospectively.

Moreover, Adjudication applies to named persons or to specific

situations while the legislation lays down general regulations that apply to
classes of persons or situations.

3. What are the reasons for granting admin agencies quasi-judicial

powers?

According to KMU v. Benigno Aguino, Administrative agencies are

presumed to have extensive technical knowledge to meet the demands of a
sound administrative discretion and intricate matters of fact,

4. How do quasi-judicial agencies acquire jurisdiction? What is the

extent of that jurisdiction?

The basis of acquiring jurisdiction depends on the law creating such

agency as a general rule, quasi judicial agencies acquire jurisdiction motu
poprio or upon filing of the complaint.

5. Are quasi-judicial agencies allowed to adopt their own rules of

procedure? Why or why not?

Yes. The jurisdiction of administrative agencies excercising quasi

judicial powers include the resolution of questions of fact that generally
courts will not disturb unless there is a finding of grave abuse of discretion.
Therefore, they may adopt their own rules depending on the demand
required to resolve questions of fact

6. Are technical rules of procedure applicable in quasi-judicial

proceedings? Why or why not?

No. They are relaxed as long as they adhere to the due process
requirements. This is because the rules are primarily established for a faster
resolution of cases.
Fauni, Katrizia Atty. Bilang
Admin and Election Law

7. Do administrative agencies have subpoena and contempt powers?

Yes. In any contested case, the agency shall have the power to require
the attendance of witnesses or the production of books, papers, documents
and other pertinent data, upon request of any party before or during the
hearing upon showing of general relevance. Unless otherwise provided by
law, the agency may, in case of disobedience, invoke the aid of the Regional
Trial Court within whose jurisdiction the contested case being heard falls. The
Court may punish contumacy or refusal as contempt

In any contested case, the agency shall have the power to require the
attendance of witnesses or the production of books, papers, documents and
other pertinent data.

Moreover, the General Rule in Contempt Power: Apply for the aid of
RTC and the exception is if the law gives agency contempt power.

8. What are the due process requirements under administrative

proceedings? Discuss each requirement.

The requirements are as follows:

1. Right to a hearing (Includes the right of a party to present his own case
and submit evidence in support thereof)
2. The tribunal must consider the evidence presented
3. Decision must be supported by evidence.
4. Evidence must be substantial.
5. Quantum of Proof: Substantial Evidence
6. The amount of relevant evidence which a reasonable mind might accept as
adequate to justify a conclusion [Sec. 5, Rule 133, Rules of Court]
7. Decision must be rendered on the evidence presented at the hearing or at
least contained in the record and disclosed to the parties affected
8. Independent consideration of judge (Must not simply accept the views of a
subordinate)
9. Decision rendered in such a manner as to let the parties know the various
issues involved and the reasons for the decision rendered.

9. What is administrative review of decisions of administrative

agencies?

It includes the review by a higher agency of decisions rendered by an

administrative agency, commenced by petition of an interested party.

Different kinds of administrative appeal and review

1. Inheres in the relation of administrative superior to administrative
subordinate;
2. Statutes which provide for determination to be made by a particular officer
or body subject to appeal, review or redetermination by another officer or
body in the same agency or in the same administrative system;
3. The statute makes or attempts to make a court a part of the
administrative scheme by providing in terms or effect that the court, on
review of the action of an administrative agency; 4. The statute provides that
an order made by a division of a commission or board has the same force
and effect as if made by the subject to a rehearing by the commission;
Fauni, Katrizia Atty. Bilang
Admin and Election Law

5. The statute provides for an appeal to an officer on an appeal to the head

of the department or agency; 6. Statutes which provide for appeal at the
highest level namely, the president

10. Is there res judicata in administrative proceedings?

No. 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.

Further, while it is true that this Court has declared that the doctrine
of res judicata applies only to judicial or quasi-judicial proceedings, and not
to the exercise of administrative powers, we have also limited the latter to
proceedings purely administrative in nature. Therefore, when the
administrative proceedings take on an adversary character, the doctrine of
res judicata certainly applies.