Admin appeal and review

 To admin superior, where determinations are made at lower levels of the same agency or dept.
 Statutes providing for determination to be made by a particular officer/body is subject to
appeal/review by another officer or body in the same aa.
 Statutes that make a court part of the admin scheme, providing that the court shall exercise
powers that differ from ordinary judicial functions and involve a trial de novo on matters of fact
or discretion and application of independent judgment by the court;
 The statute providing that orders made by a division of a commission or board has the same
force and effect as if made by the commission is subject to a rehearing by the full commission or
board;
 Statute providing that an appeal to an officer on the intermediate level is subsequently
appealable to the head of the department or agency
 Appeal to the president

SUYAT v TORRES (133530, 2004) – appeal by certiorari and appeal to president

TAN v DIR. OF FORESTRY (L-24548, 1983) – the power of control of the department head over bureaus
and offices includes the power to modify, reverse or set aside acts of subordinate officials

CARLOS v FUERTES (5 SCRA 399)

JUDICIAL REVIEW OF ADMIN DECISIONS

Admin decision may be appealed to the courts only if the Constitution or the law permits it or if the
issues to be reviewed involve questions of law. The factual findings of AA has great weight

General policy of courts not to interfere with actions of agencies entrusted with the regulation of
activities that are within the field of their expertise or special knowledge.

Findings of AAs must be accorded with great respect if supported by substantial evidence.

Policy matters issued by AAs or those that are purely administrative in nature cannot be interfered with
by courts.

JUDICIAL REVIEW: WHEN MADE

1. Determine constitutionality or validity of any executive order or regulation;

2. Determine jurisdiction;
3. Determine any other questions of law;
4. Determine questions of facts when necessary to determine either:
a. Constitutional or jurisdictional issue;
b. Commission of abuse of authority; and
c. When administrative fact-finding body is unduly restricted by an error of law.
GR: administrative findings are given weight and not to be disturbed. It has the force and binding effect
of final judgment within the purview of the doctrine of res judicata.

XPN

1. Not based on substantial evidence;

2. Denial of due process or fraud, mistake of law, or collusion or arbitrary action in the

WHEN JUDICIAL REVIEW IS PREMATURE

Doctrine of finality of admin action – no resort to courts will be allowed unless administrative action has
been completed and there is nothing left to be done in administrative structure. Similar to exhaustion of
administrative remedies.

Doctrine of primary jurisdiction – courts will not entertain questions which are within the jurisdiction of
an administrative tribunal. Judicial process is suspended pending referral of such issues to
administrative bodies.

Doctrine of ripeness for review – controversy must be real, present, or imminent.

Doctrine of exhaustion of administrative remedies – no judicial recourse can be made until all such
remedies have been availed of and exhausted.

FORTICH v CORONA (289 SCRA 624)

SSSEA v BATHAN-VELASCO (313 SCRA 250)