(Billie Blanco) Admin Reviewer (Last Edit Mar. 9, 2020)

(As of 03/09/2020, 4:00PM) “Good is the enemy of the better.
” This was what I kept in mind as I made this outline reviewer for Administrative Law. This is exactly what I have
indicated it to be: an outline of some sorts, including an annotation of the Powerpoints, including a transcript of the integration lecture of Atty. Agra [AA] and other notes which I
based from De Leon’s book on Administrative Law as well as the materials and discussions of Atty. Agra, and formatted for easier memorization and recall. All for love.
-BB
ADMINISTRATIVE LAW
Lecture Notes and Annotations from the

Class of Atty. Alberto Agra
Ateneo Law School
Rockwell Center, Makati City
CHAPTER I: INTRODUCTION
A. Concept of Administrative Law
 Administrative Law: "[T]he entire system of laws under which the machinery of the State works
and by which the State performs all government acts xxx”
o The term embraces all the laws that regulate or control the administrative organization and
operations of the government including the legislative and judicial branches.
o Other definitions:
 [T]he law which provides the structure of government and prescribes its procedure
xxx, the law which controls or is intended to control the administrative operations of
the government or "the law of governmental administration.
 As that part of public law which fixes the organization and determines the
competence of the administrative authorities, and indicates to the individual,
remedies for the violation of his rights.
 Branch of modern law under which the executive department of 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, as under
laws regulating public corporations, business affected with a public interest,
professions, trades and callings, rates and prices, laws for the protection of the public
health and safety and the promotion of the public convenience and advantage.
 [The] system of legal principles to settle the conflicting claims of executive and
administrative authority on the one hand and of individual or private rights on the
other.
 [T]he law concerning the powers and procedures of administrative agencies including
specially the law governing judicial review of administrative action.
o As generally understood today and for the purpose of this work, it means that part of the
law which governs the organization, functions, and procedures of administrative agencies of
Billie Blanco (2E) | Ateneo Law 2022 | 1
the government to which (quasi) legislative powers are delegated and (quasi) judicial
powers are granted, and the extent and manner to which such agencies are subject to
control by the courts.
B. Scope of Administrative Law. – It covers the following:

1. the law which fixes the administrative organization and structure of the government;
2. the law, the execution or enforcement of which is entrusted to administrative authorities;
3. the law which governs public officers including their competence (to act), rights, duties, liabilities,
election, etc.;
4. the law which creates administrative agencies, defines their powers and functions, prescribes their
procedures, including the adjudication or settlement by them of contested matters involving private
interests;
5. the law which provides the remedies, administrative or judicial, available to those aggrieved by
administrative actions or decisions;
6. the law which governs judicial review of, or relief against, administrative actions or decisions;
7. the rules, regulations, orders and decisions (including presidential proclamations) made by
administrative authorities dealing with the interpretation and enforcement of the laws entrusted to
their administration; and
8. the body of judicial decisions and doctrines dealing with any of the above.
Note: [A]dministrative law embraces not only the law that governs administrative authorities, but also the
law made by administrative authorities.
 Administrative authorities: [A]ll those public officers and organs (i.e., administrative agencies)
of the government that are charged with the amplification, application and execution of the law, but
do not include, by virtue of the doctrine of separation of powers, Congress, and the regular courts.
C. Concerns of Administrative Law

 Private rights
o Chief concern is the protection of private rights; and
o Subject matter  The nature and mode of exercise of administrative power and the system
of relief against administrative action.
 Delegated powers and combined powers
o [C]oncerned with officers and agencies exercising delegated powers and not with the
exercise of the constitutional powers of the President; and
o [C]oncerned with and results from a fusion of different types of governmental powers in
certain public officers which are part of the executive branch of the government including a
coercive power over individuals, since the exercise of this type of power by this type of
officer runs afoul of the fundamental and traditional principle of separation of powers.

D. Principal Subdivision of Administrative Law
1. Internal and External Administration
INTERNAL ADMINISTRATION EXTERNAL ADMINISTRATION
[C]onsiders the legal aspects of public Concerned with the legal relations between
administration on its institutional side; administrative authorities and private interests.
including the legal structure or organization of
public administration and the legal aspects of
its institutional activities and the legal
questions involved in overall management of
these activities.
Treats of the legal relations between the Can be divided into four parts:
government and its administrative officers, and 1. A survey of those powers and duties of
of the legal relations that one administrative administrative authorities that relate
officer or organ bears to another. Among directly to private interests;
others, it comprehends such topics as the 2. An analysis of the scope and limits of
nature of public office, de jure and de facto such powers;
officers, and incompatible and forbidden 3. Some account of the sanctions attached
officers. to, or the means of enforcing, official
determinations; and
4. An examination of the remedies against
official action.
2. Law that Controls Administrative Authorities and Law Made by Administrative

Authorities. – Refers to the source.
LAW THAT CONTROLS ADMINISTRATIVE LAW MADE BY ADMINISTRATIVE
AUTHORITIES (e.g., Charter) AUTHORITIES (e.g., Rules)
Constitution, statutes, judicial decisions, Both general regulations and particular
executive orders of the President, and determinations.
administrative orders of administrative
superiors giving directions to administrative
subordinates.
Note: It constitutes, under delegations of

power embodied in statutory administrative
law, an imposing and constantly expanding
body of law.

Can be divided into four parts:
1. A survey of those powers and duties of
administrative authorities that relate
directly to private interests;
2. An analysis of the scope and limits of
such powers;
3. Some account of the sanctions attached
to, or the means of enforcing, official
determinations; and
4. An examination of the remedies against
official action.
3. Procedural Administrative Law and Substantive Administrative Law. – Refers to the

purpose.
PROCEDURAL ADMINISTRATIVE LAW SUBSTANTIVE ADMINISTRATIVE LAW
Establishes the procedure which an agency Establishes primary rights and duties.
must or may follow in the pursuit of its legal
purpose.
Such is derived from the Constitution or a Such is derived from the same sources, such as
statute, or from agency regulations. the Constitution or a statute, or from agency
regulations.
4. General Administrative Law and Special Administrative Law. – Refers to the applicability.
GENERAL ADMINISTRATIVE LAW SPECIAL ADMINISTRATIVE LAW
Part of administrative law which is of a general Part of administrative law that pertains to
nature and common to all, or most, particular agencies.
administrative agencies.
5. Geographical Jurisdiction and Functional Jurisdiction

Administrative Law, as distinguished from International Law
ADMINISTRATIVE LAW INTERNATIONAL LAW
[L]ays down the rules which shall guide the officers of the administration in their [C]annot be regarded as binding upon the officers of any government considered in their
actions as agents of the government. relation to their own government except insofar as it has been adopted into the
administrative law of the state.
Administrative Law, as distinguished from Constitutional Law

ADMINISTRATIVE LAW CONSTITUTIONAL LAW
Gives and carries out this plan in its minutest details. Prescribes the general plan or framework of governmental organization.
Treats the rights of the individual from the standpoint of the powers of the Treats of the rights of the individual; thus, it lays stress upon rights.
government; thus, it emphasizes on the powers of government and duties of the
citizens.
Indicates to individuals, remedies for the violation of their rights. Prescribes limitations on the powers of the government to protect the rights of individuals
against abuse in their exercise.
Note: Administrative law is the necessary supplement of constitutional law. But, administrative law not only supplements constitutional law, it also complements constitutional
law insofar as it determines the rules relative to the activity of the administrative authorities.
Administrative Law, as distinguished from Criminal Law

ADMINISTRATIVE LAW CRIMINAL LAW
Criminal law consists really of a body of penal sanctions which are applied to all branches of the law, including administrative law.
Note: A rule of law protected or enforced by a penal sanction may be really administrative in character, for indeed, one of the most common and efficient means of enforcing
a rule of administrative law is to give it a penal sanction, and the mere affixing of a penalty to the violation of a rule of administrative law does not deprive such rule of its
administrative character.
Administrative Law, as distinguished from Public Administration

ADMINISTRATIVE LAW PUBLIC ADMINISTRATION
Subject matter is public administration. Has to do with the practical management and direction of the various organs of the State
and the execution of state policies by the executive and administrative officers entrusted
with such functions.
Note: Since administrative law covers all laws that concern public administration, the two are apparently synonymous with each other. However, a highly technical distinction is
observed between them. The true field of administrative law, it is pointed out, refers only to the external aspect of public administration. Thus, administrative law is the narrower
branch but it constitutes the bulk of the law of public administration.

E. Origin and Development of Administrative Law
 Recognition as a distinct category of law
o Administrative law  Comparatively recent origin
 Under the Anglo-American system, administrative law is not one of the traditionally recognized parts of the law.
 It is only in the last few decades with the rapid expansion of administrative agencies and their increased functions that a substantial body of jurisprudence
has developed in the field and general recognition has been given to "administrative law" as a distinct category of law.
 Multiplication of government functions
o Originally, the government had but few functions as there were but few activities to regulate and control.
o But as modern life became more complex, the subjects of government regulations correspondingly increased, which, in turn caused a multiplication of government
functions, necessitating an enormous expansion of public administration.
 And so the legislature had to create more and more administrative bodies, boards or tribunals specialized in the particular fields assigned to them and to
which the legislature and the courts were found not to be equipped to administer properly and efficiently.
 Growth and utilization of administrative agencies
o Administrative law  Developed as the natural accompaniment of the growth of administrative agencies and their utilization in response to the needs of a changing
society
 In response to the need for broad social or governmental control over complex conditions and activities which in their detail cannot be dealt with directly in
an effective manner by the legislature or the judiciary.
 Has its dominant purpose the promotion and conservation of the interests and convenience of the public.
 Fusion of different powers of government in administrative agencies
o Administrative law  Resulted from the increased functions of government, the recent tremendous growth in administrative agencies, and the fact that the
agencies created in this period of growth were much more than conventional administrative officials such as had existed under earlier legislation.
 With their extensive investigation, rule-making, and adjudicating powers, these administrative agencies represent a provocative fusion of different powers
of government.
 A law in the making
o Administrative law  Still in its formative stages and is being developed as part of our traditional system of law.
F. Advantages of the Administrative Process

 Administrative Process: Includes the whole of the series of acts of an administrative agency whereby the legislative delegation of a function is made effectual in
particular situations.
o Embraces matters concerning the procedure in the disposition of both routine and contested matters, and the matter in which determinations are made, enforced,
and reviewed.
 Congress may often have "weighty reasons" for authorizing executive discretion rather than administrative adjudication – “where practicable, insures greater uniformity
and impersonality of action. In this area of government, the administrative process — far from being an encroachment upon the rule of law, is an extension of it."
 Congress has entrusted the administration of some laws to administrative agencies when it might have entrusted it to the courts, for their administration is of such a
nature that it could have taken the form of "cases and controversies" cognizable by the regular courts in the exercise of "the judicial power."
 Administrative agencies have the time and facilities to become and to remain continuously informed, and they can be given unified responsibility for effectuating the broad
policies laid down by Congress.
o These agencies are informed by experience and have continuous responsibility for enforcing public policies where cost or timidity or inertia would make interested
private individuals poor instruments of enforcement.

Administration of Government, as Distinguished from Administration of Justice.
ADMINISTRATIVE OF GOVERNMENT ADMINISTRATION OF JUSTICE
Those charged with the administration of government are known as Those charged with the administration of justice are known as judicial officers.
administrative officers.
The work done by the former is not necessarily, or even often, the result of any The work done consists in the decision of controversies between individuals and
controversy and is not merely dependent on the solution of the question "what is government officers, as to the applicability in the cases in question of a particular rule of
the law" but made also as a result of consideration of expediency. law.
Administrative officers must determine, of course, what is the law in order to All that judicial officers have to do is to determine what law is applicable to the facts
determine whether they are competent to act, but furthermore, they must decide brought before them.
whether in case they are competent to act, it is wise for them to act

CHAPTER II: NATURE AND ORGANIZATION OF ADMINISTRATIVE AGENCIES
STATUS AND CHARACTERISTICS
A. Creation, Reorganization, and Abolition of Administrative Agencies
 Both Congress and the Executive may create administrative agencies.
 In the creation and establishment of administrative agencies, there are applicable, of course, constitutional restrictions which apply to any legislative act.
 Administrative agencies of statutory origin are subject to expansion or contraction of their powers and functions, or to reorganization or abolition at the will of
Congress, hamstrung only by constitutional limitations.
o At various times, Congress has vested power in the President to reorganize executive agencies and redistribute functions, and particular transfers under such
statutes have been held to be within the authority of the President.
o When the purpose of a statute is to abolish a department or an office or an organization and to replace it with another one, the law-making authority says so.
o Congress can delegate the power to create positions.
 This has been settled by decisions upholding the validity of reorganization statutes authorizing the President to create, abolish or merge offices in the
executive department.
 While the President's power cannot be denied, this does not mean that the reorganization itself is properly made in accordance with law.
AA: Slide 5 contains examples of agencies created by creators… it depends, because the Constitution can create, we have COMELEC for example. Congress can also create…
we have the amended Charter of the SSS. By the way under the new Charter of the SSS, the Secretary of Finance is the ex-officio chairperson of the Commission proper as a
collegiate body. This was not the case before… before their chair was appointed by the President.
 By the way, what do you call that relationship? Attachment.

The President can also create. Once upon a time, we had a Presidential Anti-Graft Commission… now, we have the Presidential Anti-Corruption Commission. Likewise,
administrative agencies themselves may create… like the PNOC is created by law, but PNOC-Renewables Corporation was created by PNOC; hence, we learn two new terms.
First, we have the parent corporation, which is a chartered corporation; and second, you have the non-chartered corporations created under the Corporation Code,
which we refer to as subsidiaries. And lastly, local governments themselves can create their own administrative agencies through an ordinance… like the Cebu Property
Ventures Development Corporation… that was a creation the Cebu Provincial Government.
AA: In Slide 6, ‘can provide exclusions’ was added. This is a new case… the National Commission on Indigenous Peoples… can they provide for titles of properties in the City of
Baguio? The answer is no, because looking at the case, the Charter of NCIP states that properties in Baguio are excluded… so when defining the jurisdiction of a particular
administrative agencies, the enabling law sets out the boundaries.

B. Meaning of Administrative Agencies
1. Administrative Agency: [A]n agency exercising some significant combination of
executive, legislative, and judicial powers.
o [C]overs boards, commissions, divisions, bureaus and, departments, and
the somewhat less familiar designations of "office" and "authority.”
o Some commentators assert that the "administrative" is a fourth power of
government, since viewed from the standpoint of any particular act of the
agency, it is either executive or in the narrowest sense, administrative, or
legislative, or judicial, or, to distinguish it from agencies which are purely or
essentially legislative or judicial, it is quasi-legislative or quasijudicial.
o Term is usually employed to denote the functionaries with which
administrative law is concerned.
o Under the Administrative Code of 1987, the term “agency of the
Government” is used to refer to any of the various units of the Government,
including a department, bureau, office, instrumentality, or government-
owned or -controlled corporation, or a local government or a distinct unit
therein.
 National agency: If it refers to a unit of the national government;
and
 Local agency: If it refers to a local government or a distinct unit
therein.
Administrative Agency or Body, as Distinguished from Court.

AA: In one recent case, local governments rightfully so were referred to by ADMINISTRATIVE AGENCY COURT
the Supreme Court as “delegates.” Why? Because they do not have inherent Generally a large organization staffed by Tribunal which is presided by one or more
powers – they are delegates, meaning that they cannot rise above the source; men who are deemed to become jurists learned in the law.
hence, the term ‘subordinate legislation’… hence, the term, ‘no undue something of experts in their particular
delegation of legislative/judicial power.’ fields.
Only has one function: judicial.
Performs a variety of functions. More or less governed by fixed rules in
Uses a varying degree of discretion in arriving at its decisions and bound by the
arriving at decisions and often proceeds rules that no final adjudication is to be
without being bound by technical rules of made until after due notice to the parties
evidence or procedure. with opportunity for a full and fair
hearing.
C. Status or Character of Particular Administrative Agencies. - Depend on the terms

of the constitutional or statutory provisions creating them and the powers, rights, duties,
liabilities, or functions conferred on them.

Main Characteristics of Administrative Agencies
1. Necessarily large
o The size of administrative agencies reflects both their nationwide
jurisdiction and the character of their work. Their staffs include many people
performing a variety of tasks which must be coordinated, supervised, and
directed toward the fulfillment of agency functions.
2. Specialization
o Their staffs become specialized from experience or include persons with
technical or professional training.
3. Responsibility for results
o A particular administrative agency is charged by Congress with
accomplishing a particular statutory end.
4. Variety of administrative duties
Consequence of Characteristics. - Each of the four characteristics of administrative

agencies to a greater or lesser degree, in turn, contributes to, and necessitates, a highly
important characteristic of administrative procedure: delegation of function and authority.
 Four types of delegation have been listed as necessary:
1. delegation of internal management;
2. delegation of authority to dispose of routine matters;
3. delegation of authority to dispose of matters informally, or to initiate formal
proceedings; and
AA: #9 talks about the financial structure of a corporation… why is that 4. delegation of authority and function in formal proceedings (which includes, the
important? Because if there are stocks and stocks are divided into shares, delegation nof authority to conduct formal hearings).
then it becomes a government-owned and controlled corporation. If there is  Delegation may be a matter of degree. It is not true that authority must be
only mention of shares and no mention of stocks, then it is not a GOCC, it is delegated completely or not at all. Delegation may be combined with supervision
a PI. What makes it a stock corporation is essentially stocks divided into shares. and control.

D. Types of Administrative Agencies
1. Those created to function in situations wherein the government is offering some
gratuity, grant, or special privilege;
2. Those set up to function in situations wherein the government is seeking to carry
on certain functions of government;
3. Those set up to function in situations wherein the government is performing
some business service for the public;
4. Those set up to function in situations wherein the government is seeking to
regulate businesses affected with public interest;
5. Those set up to function in situations wherein the government is seeking under
the police power to regulate private businesses and individuals; and
6. Those agencies set up to function in situations wherein the government is
seeking to adjust individual controversies because of some strong social
policy involved.
Note: It is possible that an administrative agency may fall under more than one type.
ADMINISTRATIVE ORGANIZATION
A. Distribution of the Powers of the Government
 Administrative organization: [T]he administrative structure of the government including its political subdivisions and the allocation of powers, functions, and duties to
its various units or agencies
 Traditional branches. – Under the Constitution and as provided in the Administrative Code, the powers of the national government are distributed among three
branches:
1. Legislative Power [It shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent
reserved to the people by the constitutional provision on initiative and referendum (ADM. CODE, book II, chap. 2, sec. 2; CONST., art. VI, sec. 1).];
2. Executive Power [It shall be vested in the President (ADM. CODE, book II, chap. 3, sec. 11; CONST., art. VII, sec. 1).]; and
Note: Under the doctrine of political agency, which recognizes the establishment of a single executive, all executive and administrative organizations are
adjuncts of the Executive Department, the heads of the various executive departments are assistants and agents of the Chief Executive, and, except in cases
where the Chief Executive is required by the Constitution or law to act in person or the exigencies of the situation demand that he act personally, the
multifarious executive and administrative functions of the Chief Executive are performed by and through the executive departments, and the acts of the
Secretaries of such departments, performed and promulgated in the regular course of business, are, unless disapproved or reprobated by the Chief Executive,
presumptively the acts of the Chief Executive.
3. Judicial Power [It shall be vested in one (1) Supreme Court, and in such lower courts as may be established by law (ADM. CODE, book II, chap. 4, sec. 16;
CONST., art. VIII, sec. 1).]
The powers expressly vested in any branch of the Government shall not be exercised by, nor delegated to, any other branch of the Government, except to the
extent authorized by the Constitution.
 Special bodies or agencies. – There are three independent Constitutional Commissions created by the Constitution, namely:
1. Civil Service Commission;
2. Commission on Elections; and
3. Commission on Audit.
There are also, in accordance with the Constitution, an independent office of the Ombudsman and an independent Commission on Human Rights.
The State is mandated to establish an independent central monetary authority and a national police commission. Likewise, as provided in the Constitution,
Congress may establish an independent economic and planning agency. They shall exercise the powers and functions conferred upon them by the Constitution and
the law.
Distinction between Department and Bureau
DEPARTMENT BUREAU
An executive department created by law. Any principal subdivision or unit of any
department.
Includes any instrumentality having or
assigned the rank of a department, Include any principal subdivision or unit of
regardless of its name or designation. 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.
Government Bureaucracy
1. Administrative Agency/Government Agency
 Any of the various units of the Government of the Republic of the
Philippines, including a department, bureau, office, instrumentality or
GOCC, or a local government or a distinct unit therein (RA 10149, Sec. 3
[k]).
2. Government-Owned and Controlled Corporations
o Any agency organized as a stock or non-stock corporation, vested with
functions relating to public needs whether governmental or proprietary in
nature, and owned by the government directly or through its
instrumentalities either wholly, or, where applicable as in the case of stock
AA: In Slide 9… this is a new case. The Supreme Court referred to a chartered as a corporations, to the extent of at least 50% of its capital stock xxx (RA
parent… and non-chartered created under the Corporation Code as a as a 10149, Sec. 3 [o]).
parent… and non-chartered created under the Corporation Code as a 3. Government Instrumentality
subsidiary… or the babies. o An agency of the National Government, not integrated with the department
framework vested with special functions or jurisdiction by law, endowed
with some if not all corporate powers, administering special funds, and
enjoying operational autonomy, usually through a charter xxx (RA 10149,
Sec. 3 [n]).
4. Government Finance Institutions
 Financial institutions or corporations which the government directly or
indirectly owns majority of the capital stock and which are either:
(1) Registered with or directly supervised by the Bangko Sentral ng
Pilipinas; or
(2) Collecting or transacting funds or contributions from the public and
places them in financial instruments or assets, such as deposits, loans,
bonds, bonds, and equity, including, but not limited to, the Government
Service Insurance System and the Social Security System (RA 10149,
Sec. 3 [m]).
5. State Universities and Colleges. – Considered government instrumentalities.
6. Public Corporation
7. Public Office
8. Quasi-Corporation
 Created by the State, either by law or by authority of the law, for a specific
governmental purpose.
9. Quasi-Public Corporation
10. Municipal Corporation Proper/Local Government Unit
11. Quasi-Municipal Corporation
 Public corporations created by local governments.

Distinction between GOCC and GICP
GOCC GICP
Created by law or under the Corporation Created by law only.
Code.
Three attributes make an entity a

GOCC:
(1) Its organization as stock or non- Neither a stock nor non-stock
stock corporation; corporation.
(2) The public character of its function;
and Vested with special functions or
jurisdiction by law; endowed with some if
not all corporate powers.
(3) Government ownership over the Administering special funds and enjoying
same. operational autonomy.
Twin requirements of the Constitution

(Art. XII, Sec. 16):
(1) Must be established for the common
good; and
(2) Must meet the test of economic
viability.
AA: In Slide 10… in order to underscore the fact of government ownership,
government directly or indirectly owns or controls at least 51%.
EXCEPTIONS:
(1) Manila Economic Cultural Office. – Not a GOCC or GI, sui generis. But, funds
are subject to COA (e.g., consular fees and verification fees).
(2) Metropolitan Waterworks and Sewage System. – GI under an executive order
and the GCG law. But, by its nature is a GOCC.

AA: Focus on the “X” marks… a GI cannot be created under the Corporation Code… there is only one way of creating a GI and that would be special law… so, GIs
are chartered and are never non-chartered. Unlike a sui generis case, but those are exceptions… GOCCs, under the Constitution must meet the twin requirement of: 1)
common good; AND 2) economic viability. For GIs, they don’t have to make money… they don’t have to be financially sustainable. Like PRA. We would like to [be financially
sustainable]… but that is not a requirement for creation. And lastly, the main distinction between a GOCC and a GI is… a GOCC is either a stock or a non-stock… in
the recent case of Corregidor Foundation, the Court found that it’s a foundation… it’s a non-stock, but because of its functions, they are subject to COA audit.
So a non-stock corporation in this case… is a GOCC.

AA: There are new cases… In Corregidor Foundation, it is a non-stock corporation, but performs governmental functions… therefore, it is subject to COA audit. In the case of UP,
it is a GI under its Charter… and therefore, it is not subject to real property tax. PICC, on the other hand… there is only one stockholder in PICC… and that is, Bangko Sentral ng
Pilipinas… therefore, it is non-chartered… therefore, subject to COA audit. And the most recent case is the Philippine National Construction Corporation… it is a GOCC under the
supervision of the President… therefore, it cannot escape COA.
AA: Again… whether GOCC or a GI, they perform some aspect of the sovereign functions of government. Creation will be critical... because for GIs, it cannot be created by the
Corporation Code. If there are stocks…meaning, divided into shares… then, it is a GOCC. If it only has capitalization and mention of stocks, but no shares, then it is a GI.
Relationship will also be important. Again, where do you find the relationship… whether control, supervision, or attachment… that’s in the enabling law. And lastly… depending
on the nature of the entity, either you pay filing fee or not… you are covered by COA or not… depends on the nature and the extent of the relationship… either
you have to make money or not… because GIs don’t have to make money.
GIs, like MIAA, is not subject to real property tax… because it is a GI, and because courts are outside the commerce of men and women.

Definition of Administrative Relationship
 Unless otherwise stated in the Administrative Code of 1987 or in other laws
defining the special relationship of particular agencies, administrative relationship
shall be categorized and defined as follows:
SUPERVISION AND CONTROL Includes the authority to:

(1) act directly whenever a specific function is
entrusted by law or regulation to a
subordinate;
(2) direct the performance of duty; restrain
the commission of acts;
(3) review, approve, reverse or modify acts
and decisions of subordinate officials or
units;
(4) determine priorities in the execution of
plans and programs; and
(5) prescribe standards, guidelines, plans and
programs.
Note: “Control” = Supervision and Control

ADMINISTRATIVE SUPERVISION Includes the authority to:
(1) to generally oversee the operations of
such agencies and to insure that they are
AA: Although we did not talk about autonomous… when we talk about managed effectively, efficiently and
supervision, attachment, and control that means that there is a relationship economically but without interference with
between a higher body and a lower body. But when we talk about day-to-day activities;
autonomous agencies… they are not under the control or under the (2) to require the submission of reports and
supervision nor are they attached… like COMELEC, COA, Ombudsman, CSC… cause the conduct of management audit,
they are independent of the Executive branch, but they are not independent of performance evaluation and inspection to
Congress. But, of course, the power of Congress is not absolute – they have to determine compliance with policies,
follow the Constitution and are subject to judicial review. ERC is under the technical standards and guidelines of the
supervision of DOE, but they are independent… in terms of their budget, they are department;
still under the DOE. (3) to take such action as may be necessary
for the proper performance of official
There are two levels of autonomy: 1) functional; and 2) budget. You can functions, including rectification of
functionally be independent of any other agency, but for budget purposes, it still violations, abuses and other forms of
falls under a budget of a national agency. But unlike COMELEC, COA… they maladministration; and
enjoy both functional and fiscal autonomy. Local governments are under (4) to review and pass upon budget proposals
supervision, but they enjoy fiscal autonomy. of such agencies but may not increase or
add to them.

Does not includes the authority to:
(1) appointments and other personnel actions
in accordance with the decentralization of
personnel functions under the Code,
except when appeal is made from an
action of the appointing authority, in
which case the appeal shall be initially
sent to the department or its equivalent,
subject to appeal in accordance with law;
(2) contracts entered into by the agency in
the pursuit of its objectives, the review of
which and other procedures related
thereto shall be governed by appropriate
laws, rules and regulations; and
(3) the power to review, reverse, revise, or
modify the decisions of regulatory
agencies in the exercise of their
regulatory or quasi-judicial functions.
ATTACHMENT Coordination may be accomplished by:
(1) having the department represented in the
governing board of the attached agency
or corporation, either as chairman or as a
member, with or without voting rights, if
this is permitted by the charter;
(2) having the attached corporation or agency
comply with a system of periodic
reporting which shall reflect the progress
of programs and projects; and
(3) having the department or its equivalent
provide general policies through its
representative in the board, which shall
serve as the framework for the internal
policies of the attached corporation or
agency.

AA: By understanding this slide, you will be able to know what is the extent and
what is the breadth of control. Basically, when you look at control… kahit ano
pwede. But depending if it is supervision and attachment, there are certain
limitations to the power.
Again, when we talk about supervision, only questions of law… the power
to supervise does not extend to the substitution of judgement. The power
of supervise can include the power to discipline and to declare facts illegal,
but not questions of fact. This discussion is relevant when we talk about local
governments. Because when we talk about let’s say, a province and a component
city or municipality… or a city over a barangay or a President over local
governments… it is one of supervision. And Congress cannot provide for control
because it will violate Sec. 4 of Art. X of the Constitution.

CHAPTER III: POWERS AND FUNCTONS OF ADMINISTRATIVE AGENCIES
A. General Meaning of Powers and Functions
POWERS FUNCTIONS
The means by which a function is fulfilled. Which one is bound or which it is one's business to do.
Source of powers. - Aside from the instances in which an administrative agency is created and empowered by a provision of the Constitution, the source of the powers
of administrative agencies lies in statutes under which they claim to act.
Scope of powers
 It can be express or implied.
o The jurisdiction and powers of administrative agencies are measured and limited by the
Constitution or law creating them or granting their powers, to those conferred expressly or
by necessary or fair implication.
o Statutes conferring powers on administrative agencies must be liberally construed
to enable them to discharge their assigned duties in accordance with the
legislative purpose.
 “Inherent powers”. - An administrative agency has no inherent powers, although implied powers
may sometimes be spoken of as "inherent."
Nature of Powers
 Administrative agencies possess a limited jurisdiction, or purely constitutional or statutory powers,
and they possess only such powers and authority as have been specifically conferred upon them by
the Constitution or specifically granted to them by their enabling statutes and those as may be
necessarily implied in the exercise thereof or incidental to the attainment of their purposes or
objectives.
 However, the powers conferred on them must be commensurate with the duties to be performed
and the purposes to be lawfully effected.
 A government agency must respect the presumption of constitutionality and legality to which
statutes and administrative regulations are entitled until such statute or regulation is repealed or
amended, or until set aside in an appropriate case by a competent court, and ultimately by the
Supreme Court.
Classification of powers
As to nature [I-R-A]
1) Investigatory;
2) Quasi-legislative, or rule-making powers; and
3) Quasi-judicial, or adjudicatory powers.
As to degree/subjective choice [D/M]

DISCRETIONARY MINISTERIAL
The very essence of which is that, the person or One in respect to which nothing is left to
persons exercising it may choose which of several discretion. It is a simple, definite duty arising
courses will be followed. under conditions admitted or proved to exist, and
imposed by law.
Ministerial act refers to, one performed in

response to a duty which has been positively
Discretion refers to, the power or right conferred imposed by law and its performance required at a
upon them by law of acting officially under certain time and in a manner or upon conditions
circumstances, according to the dictates of their specifically designated, the duty to perform under
own judgment and conscience, and not controlled the conditions specified not being dependent upon
by the judgment or conscience of others. the officer's judgment or discretion.
AA: This summarizes what must be in the law… for example…

 Content
 Jurisdiction
 Power to adjudicate
 Power to issue contingent and penal rules
Of course, what the law is, only Congress can provide. Can an administrative agency prohibit? [Yes, it may prohibit]… Only when the power to prohibit is in the law. How do you
define jurisdiction? It is the metes and bounds… jurisdiction may be geographical or functional. How defines that? That would be Congress.

All these 12 items must be in the law itself… including the power to enforce. Because if all these are not in the law, then the administrative agency cannot supply
these… because it will amount to law-making, which is therefore violative of the rule on undue delegation.
AA: In a new case, the Supreme Court defined when is a law complete, and when is there a standard that is sufficient.

AA: There is a difference between what the law must state and what the rules can provide. The rule can provide the how, the details, and the when… we talk
about implementing rules, but the effectivity must be in the law. The administrative agency cannot arrogate onto themselves when the law may take effect, except if it’s
a contingent rule.
A. INVESTIGATIVE POWERS
Scope
 Include the power of an administrative agency to:
o Inspect the records and premises;
o Investigate the activities of persons or entities coming under its jurisdiction; or
o Secure, or to require the disclosure of information by means of accounts, records, reports,
statements, testimony of witnesses, production of documents, or otherwise.
 As sole powers. - Some administrative agencies act merely as investigatory or advisory bodies,
that is, they exist solely to secure and provide information, and in some cases to make
recommendations.
 As aid to other powers. - Other agencies possess their investigative or inquisitorial powers as an
aid to other powers which they possess, and agencies use such investigative powers to inform
themselves of particular situations to determine whether they should take further action, in the
execution of particular powers or duties, such as the determination or adjudication of a particular
matter.
 Test for determining whether administrative body is exercising judicial functions or
merely investigatory functions: Adjudication signifies the exercise of power and authority to
adjudicate upon the rights and obligations of the parties before it. Hence, if the only purpose for
investigation is to evaluate evidence submitted before it based on the facts and circumstances
presented to it, and if the agency is not authorized to make a final pronouncement affecting the
parties, then there is an absence of judicial discretion and judgment.
AA: COMELEC is distinct from other administrative agencies… Scope and extent of powers. - The investigative powers of an administrative agency or official must
COMELEC under the Constitution having broad powers… they are be exercised within the limits prescribed and bear a reasonable and legitimate relationship to the general
notwithstanding the grant of a statutory power to cite a person in powers granted. This includes authority to obtain information necessary to discharge its proper functions.
contempt… they have such powers. 1. Initiation of investigation. - An administrative agency or official may initiate an investigation
on a complaint or on its own motion.
In another recent case, the CSC has the power to investigate 2. Conduct of investigation. - Investigations are usually, and may properly be held in private.
anomalies in the exercise of its mandate. Investigations must be so conducted that harmful publicity will not be used in lieu of sanctions
provided by law.
If an administrative agency has no power to cite a person in 3. Inspection and examination
contempt or conduct search and seizure, then the remedy is to  Some statutes authorize administrative agencies to enter and inspect such places and such
go to court, generally. You can either go to another administrative records as they may deem necessary or appropriate to determine whether any person has
agency that has that power or you go to court. violated any provision of the act being administered or which may aid in the enforcement
of the act.
When we talk about the power to investigate, the presence of 4. Requirements as to accounts, records, reports, or statements. – Regulatory bodies have
the counsel is not required. There is no denial of due process been given power to prescribe forms and methods of accounts, records, and memoranda for the

when we talk about investigation, absence the presence of the business under their control, power to inspect the books, papers, and records, and power to
lawyer. require the filing of reports or statements, or answers to specific questions.
 In regard to some agencies, it is provided that they shall, at all reasonable times, have
access to, for the purpose of examination, and the right to copy, any documentary
evidence of any person being investigated or proceeded against.
5. Requiring attendance of witnesses, giving of testimony, and production of evidence. -
Although administrative officers do not have inherent power to require the attendance of
witnesses before them, put witnesses under oath and require them to testify, this power, and the
power to require the production of books, papers, and documents or other evidence, are basic to
the power of investigation.
 An administrative agency may not itself be empowered to compel the attendance and
testimony of witnesses, but that the compulsion must be exerted through judicial process.
 It is common for the statutes to provide for application to a court to enforce obedience to
a subpoena of an administrative agency or the giving of testimony before it.
 The power to compel a witness to testify will not be inferred from a grant of authority to
summon and examine witnesses. It must be clearly given by statute. And the power to
investigate anomalies cannot include the power to take testimony or evidence of witnesses
whose appearance may be required by the compulsory process of subpoena.
6. Hearings. - While hearings may be held, as a general rule, a hearing is not a necessary part of
an investigation by an administrative agency or official.
7. Contempt proceedings. - Persons failing to attend, give testimony, and produce records at an
investigative proceeding may be punished for contempt. A person failing to appear in answer to a
subpoena issued by an investigative body or refusing to produce records pursuant to a subpoena
duces tecum and to explain his inability to produce such records may be subject to contempt
proceedings.
 An administrative body, however, cannot exercise its power to punish a person for
contempt in the absence of any statutory grant, for such power is inherently judicial in
nature.
8. Application of technical rules of procedure and evidence. - In administrative proceeding,
technical rules of procedure and evidence are not strictly applied.
Right to counsel in administrative prosecution

 While investigations conducted by an administrative body may at times be akin to a criminal
proceeding, the fact remains that under existing laws, a party in an administrative inquiry may or
may not be assisted by counsel, irrespective of the nature of the charges and of the respondent's
capacity to represent himself, and no duty rests on such body to furnish the person being
investigated with counsel.
 The exclusionary rule under Section 12(3) of the Bill of Rights applies only to admissions made in
a criminal investigation but not to those made in an administrative investigation.

Importance of administrative investigations
 The life blood of the administrative process is the flow of fact, the gathering, the organization and
the analysis of evidence.
 Investigations are useful for all administrative functions, not only for rule-making, adjudication,
and licensing, but also for prosecuting, for supervising and directing, for determining general
policy, for recommending legislation, and for purposes no more specific than illuminating obscure
areas to find out what if anything should be done.
B. RULE-MAKING POWERS
Legislation on the Administrative Level
 Legislative power is the power to make, alter, or repeal laws, or rules for the future. It is
distinguished from judicial power or "legislation," in that basically it operates in the future, rather
than on past transactions or circumstances.
 The rule-making power of an administrative agency, that is, the power to make implementing or
interpretative rules or regulations, is legislative in character and results in "delegated legislation."
o "Rule making" is legislation on the administrative level, that is, legislation within the
confines of the granting statute, as required by the Constitution and its doctrine of non-
delegability and separability of certain powers flowing from the separation of the three
branches of the government.
o Also called administrative legislation, delegated legislation, ordinance-making, and quasi-
legislation.
 The power conferred upon an administrative agency to issue or promulgate rules and regulations
necessary to carry out its functions has been held to be an adequate source of authority to
delegate a particular function, unless by express provision of the statute or by implication, it has
been withheld."
Nature
 Administrative agencies are endowed with powers legislative in nature or quasi-legislative (i.e., to
make rules and regulations), and, in practical effect, with the power to make law.
o However, the essential legislative functions may not be delegated to administrative
agencies and in this sense, it is said that administrative agencies have no legislative power
and are precluded from legislating in the strict sense.
 What may be granted to an administrative agency is rule-making power to implement the law it is
entrusted to enforce. It necessarily includes the power to amend, revise, alter, or repeal its rules
and regulations.
o It is a standard provision in administrative rules that prior issuances that are inconsistent
therewith are declared repeated or modified.
Necessity
 The necessity for vesting administrative agencies with this power because of the impracticability
of the lawmakers providing general regulations for various and varying details of management.
 Such power of subordinate legislation conferred upon administrative agencies is permitted in

order to adapt to the increasing complexity of modern life and variety of public functions.
o An administrative body may implement broad policies laid down in a statute by "filling in"
the details which the Legislature may neither have time nor competence to provide.
 On practical necessity of rule-making power: 1) Regulation of highly complex and changing
conditions; 2) Gradual change in regulatory role of congress; and 3) Inability of legislative bodies
to anticipate future situations.
Conditions
 GENERAL RULE: Non-delegation of legislative power – i.e., based on the principle potestas
delegate non potest delegari or “no delegated power can be further delegated.”
 EXCEPTIONS:
1. President – tariff and emergency;
2. Local governments;
3. People’s initiative; and
4. Administrative Agencies.
 Test of valid delegation:
1. Completeness. - The statute is complete in itself, setting forth the policy to be executed by
the agency; and
2. Sufficient Standards. - Said statute fixes a standard, mapping out the boundaries of the
agency's authority to which it must conform.
Binding force and effect. - A valid rule or regulation duly promulgated by an administrative agency has
the force and effect of law and is binding on the agency and on all those dealing with the agency.
Prospective/retroactive application. - A statute operates prospectively only and not retroactively,

unless the legislative intent to the contrary is made manifest either by express terms of the statute or by
necessary implication. The same principle is applicable to rules and regulations issued by administrative
agencies in their duty to implement laws.
Limitations on the Rule-Making Power

 The quasi-legislative or rule-making power of a public administrative body is a delegated
legislative power, which it may not use either to abridge the authority given it by the Congress or
the Constitution or to enlarge its power beyond the scope intended.
o Constitutional and statutory provisions control with respect to what rules and regulations
may be promulgated by such a body, as well as with respect to what fields are subject to
regulation by it.
o A public administrative body may make only such rules and regulations as are within the
limits of the powers granted to it or what is found in the legislative enactment itself;
otherwise, they become void.
 Furthermore, a rule or regulation should be uniform in operation, reasonable, and not unfair or

discriminatory.
Requisites for Validity of Administrative Rules and Regulations:
(1) The rules and regulations must have been issued on the authority of law;
(2) They must not be contrary to law and the Constitution; and
(3) They must be promulgated in accordance with the prescribed procedure.
Previous notice and hearing or publication may be necessary to satisfy the requirement of due process.
Also, they must be published in full if their purpose is to enforce or implement existing law pursuant to a
valid delegation.
Determination of Validity of Rules. - The questions to be examined in determining the validity of

agency rule depend on the type of rule involved.
LEGISLATIVE RULE INTERPRETATIVE RULE
1. Whether the rule relates to the subject When an interpretative rule is involved, the inquiry
matter on which power to legislate has relates fundamentally to the question of whether
been delegated; the rule correctly interprets the statute, and
2. Whether the rule conforms to the involved with this issue, there might be a question
standards prescribed in the delegatory of whether the rule amounts to an attempt to
statute; and exercise legislative powers which have not been
3. Whether the rule is invalid on delegated.
constitutional grounds, such as due
process.
Tests Applied in Determining the Validity of Rules

1. A rule is invalid if it exceeds the authority conferred to it.
2. A rule is invalid if it conflicts with the governing statute.
3. A rule is void if it extends or modifies the statute.
4. A rule is void if it has no reasonable relationship to the statutory purpose.
5. Courts will set aside rules deemed to be unconstitutional or arbitrary or unreasonable.

Requirement of Reasonableness. - Administrative authorities must not act arbitrarily and capriciously
in the enactment of rules and regulations in the exercise of their delegated power to create new or
additional legal rules that have the effect of law. Such rules and regulations should be within the scope
of the legislative authority granted by the legislature and, whether required by statute or judicial
decisions, their rules and regulations, to be valid must be reasonable.
 Bear reasonable relation to the purpose sought to be accomplished. — Rules and
regulations must be reasonably adapted to secure the end in view, and are invalid if shown to
bear no reasonable relation to the purposes for which they are authorized to be made, i.e., there
is lack of reasonable relationship between the purpose sought to be accomplished by the rule.
 Supported by good reasons. — The requirement of reasonableness of an administrative
regulation means no more and no less than that the regulation must be based upon reasonable
ground, that is, must be supported by good reasons.
 Free from constitutional infirmities or charge of arbitrariness. — A court may set aside
rules on the basis of their unreasonableness, relying on constitutional grounds (e.g., due process)
or without specific reliance on constitutional doctrines but on the bare grounds that they are
unreasonable and arbitrary.

AA: What is the meaning of a rule? The definition of a rule is found in the Revised Administrative Code. A rule has general application… which does not affect rights.
Because it is a general statement, which talks about everybody or a particular sector… because if it will affect the rights of a particular person, then such rule is quasi-judicial.

AA: The first three slides are invalid rules. On the fourth slide, it contains the valid rules. If you notice, what comes to the Supreme Court are more invalid rather than valid
rules.
In Slide 39, let’s talk about the new cases… have your heard of the LEB case? Anong ginawa ng LEB? If you fail the PhilSAT, you cannot be admitted in the law school. The
Supreme Court said… this is violative of academic freedom… according to the LEB Charter, it only pertains to increase awareness, and now, it prescribed mandatory training for
lawyers… which usurps the authority of the Supreme Court. In another case, the law says implement the law, here comes a rule saying revise salary grades… it is invalid.
AA: In Slide 40, on the exclusive authority to investigate… what did the administrative agency provide? It withheld the right to examine and cross-examine.
These rights are not available during investigation. In fact, for hearing, the right to examine is required, but the right to cross-examine may be dispensed with;
hence, the rule is valid.
If you look at the DAR  CA, now, it becomes DAR to OP to CA… The Supreme Court simply said that it is an adherence to the rule on exhaustion.

Kinds of Rule-Making Powers/Rules and Regulations
1. Supplementary, or detailed legislation: Rule-making by reason of particular delegation of
authority;
2. Interpretative legislation: Rule-making by the construction and interpretation of a statute
being administered; and
3. Contingent legislation or determination: Under delegated power, whether a statute shall go
into effect.
Based on the above classifications, the administrative rules and regulations may be discretionary or
legislative, interpretative, and contingent. Contingent rules are legislative, so are procedural rules. The
agency rules may also be internal or those issued by an administrative superior to his subordinates; and
penal or those which prescribe criminal sanctions.
Legislative rules and regulations

 "Legislative" or discretionary rules or regulations are indeed a form of subordinate legislation
which can be issued only in virtue of statutory delegation.
o When valid, they are accorded the force and effect of law immediately upon going into effect.
o The administrative agency is acting in a legislative capacity, supplementing the statute, filling
in the details, or "making the law," and usually acting pursuant to a specific delegation of
legislative power to implement the broad policies laid down in a statute.
AA: Interpretative and internal rules need not be published… Interpretative Rules. - Interpretative regulations (in the absence of ratification by the legislature) have
all the other rules must be published in order to become validity in judicial proceedings only to the extent that they correctly construe the statute. Strictly
effective. In terms of its grant, for contingent and penal, it must be speaking, it is the statute and not the regulation to which the individual must conform.
express, while all others may be implied from the mandate of the o It is an elementary rule in administrative law that administrative rules and regulations or policies
agency… from the other provisions of the Charter of that enacted by administrative bodies to interpret the law which they are entrusted to enforce, have
administrative agency. the force of law, and are entitled to great weight and respect.
o The best authority to interpret a rule is the source of the rule itself.
o Interpretations by an administrative body of the law or its rules, while they ordinarily control the
construction of the courts, are not conclusive.
 They are at best advisory for it is the courts that finally determine what the law means,
and they will be set aside or ignored if judicially found erroneous.
Distinction between legislative and interpretative rules

LEGISLATIVE RULE INTERPRETATIVE RULE
In the nature of subordinate legislation; product Product of interpretation of previously existing laws.
of the power to create new and additional legal
provisions that have the effect of law.
May embody new law. Merely clarify or provide guidelines to the law they

interpret.
Issued only under express delegation of law. Issued as a necessary incident of the administration
of a regulatory statute.
Said to have the force and effect of law unless Such regulations, whether so expressly authorized
they are ultra vires or were issued under an or issued only as an incident of statutory
unconstitutional delegation. administration, merely embody, so far as their legal
effects go, administrative interpretations of an
existing law.
Contingent rules and regulations

 Congress may provide that a law shall take effect upon the happening of future specified
contingencies leaving to some other person or body the power to determine when the specified
contingency has arisen.
 It may delegate a power not legislative which it may itself rightfully exercise.
o The power to ascertain facts is such power which may be delegated. There is nothing
essentially legislative in ascertaining the existence of acts or conditions as the basis of the
taking into effect of a law.
 The finding by an administrative authority of the existence of conditions defined in the statute
under which its provisions shall become operative comes under the head of rule-making since it
usually involves judgment, if not discretion.
AA: Let us discuss contingent rules… under the Local Government
Code, the President can lower the share of local governments from Procedural rules
the national taxes from the current 40% to 30%. Some people might  The term refers to those describing the methods by which the agency will carry out its appointed
say that you’re giving the President the power to enact laws… no, functions — rules which make provisions for the filing of applications, the resolution of complaints,
but the standard by which the President may lower it from the serving of papers, the conduct of hearings, and the like.
40% to 30% are in the law itself: there must be an  An agency cannot very well function without rules of procedure, and it may be supposed that
unmanageable public sectors deficit. The law also provides that every agency has such rules, at least at the level of intra-office memoranda.
national government agencies must recommend themselves and the
league of provinces, cities, and municipalities must also be consulted. Penal rules and regulations
Based on ascertainable facts, the President then can  They refer to rules and regulations carrying penal or criminal sanctions for violation of the same.
determine if there is an unmanageable public sector deficit.  Administrative bodies have the authority to issue administrative regulations which are penal in
nature where the delegating statute itself makes the violation of the administrative regulations
punishable and provides for its penalty.
 Requisites for validity:
(1) The law which authorizes the promulgation of rules and regulations must itself provide for the
imposition of a penalty for their violation;
(2) It must fix or define such penalty;
(3) The violation for which the rules and regulations impose a penalty must be punishable or

made a crime under the law itself; and
(4) The rules and regulations must be published in the Official Gazette.
Ordinance Power of the President
EXECUTIVE ORDERS Acts of the President providing for rules of a general or permanent
character in implementation or execution of constitutional or statutory
powers
ADMINISTRATIVE ORDERS Acts of the President which relate to particular aspects of govermental
operations in pursuance of his duties as administrative head
PROCLAMATION Acts of the President fixing a date or declaring a status or condition of
public moment or interest, upon the existence of which the operation
of a specific law or regulation is made to depend,
MEMORANDUM ORDERS Acts of the President on matters of administrative detail or of
subordinate or temporary interest which only concern a particular
officer or office of the Government
MEMORANDUM Acts of the President on matters relating to internal administration,
CIRCULARS which the President desires to bring to the attention of all or some of
the departments, agencies, bureaus or offices of the Government, for
information or compliance
GENERAL OR SPECIAL Acts and commands of the President in his capacity as Commander-in-
ORDERS Chief of the Armed Forces of the Philippines
Principles of Administrative Construction

 The best authority to interpret a rule is the source itself of the rule.
 Generally, the rules and regulations of an administrative agency are subject to the same principles of construction as applied to the construction of statutes and in the
guise of construing such a rule or regulation, the court should not give it an effect not intended by the agency which adopted it.
o It is the intention with which the rule or regulation was adopted which is controlling, and in ascertaining such intention, the rule of construction, expressio unius est
exclusio alterius, may be resorted to. Also, in ascertaining the true meaning of an administrative rule or regulation, the purpose thereof may be considered.
o An administrative rule should ordinarily be given that construction which will, if possible, sustain its validity, and, where alternative interpretations of an
administrative rule or regulation are possible, the more reasonable of the two is to be chosen.
o An administrative regulation providing punishment for the violation thereof should be strictly construed, but it should not be construed so strictly as to defeat the
obvious intention with which it was adopted. Furthermore, the principle of strict construction does not require that a criminal regulation be given its narrowest
possible meaning.
o In a suit involving a public administrative agency, it has been held that the rules and regulations of such agency should be strictly construed against it, and that
any ambiguities contained therein should be resolved in favor of the adversary; but that where a rule is clear and unambiguous, it does not admit of judicial
interpretation.
o In construing an administrative rule or regulation, the court must necessarily look to the administrative construction thereof, where the meaning of the words used
is in doubt, but this is not true where the meaning of the words used is not in doubt, or where the language used is not technical.

 Administrative rules of procedure are construed liberally in order to promote their object and assist the parties in claiming just, speedy and inexpensive determination of
their respective claims and defenses. But before they can be relaxed to give way to substantive justice, it is implicit that such liberality be applied in a proper case, i.e., a
party has to show prima facie that he has meritorious claim or defense.
Effecct of reliance on rules. - A person who relies in good faith on an agency rule should be held harmless from loss if that rule is later held invalid or is amended.
Amendment or repeal of administrative rules and regulations. - An administrative agency ordinarily has the authority to change, alter, amend, or correct the rules and
regulations duly promulgated by it, and the fact that an administrative rule has been amended does not necessarily mean that the earlier rule was unreasonable. Since it is
discretionary with such an agency whether it will take such action, the exercise of such discretion in the public interest is not subject to judicial control.
 In order to be valid, a change in a regulation must be made in accordance with statutory procedural requirements, such as requirements with respect to notice and
hearing as well as with respect to the vote necessary to make a change.
 As a general practice, an administrative rule should not be amended so as to effect a retroactive change, and the rights of a person acquired before the amendment of a
rule have been held determinable under the provisions of such rule prior to such amendment.
o However, where an administrative regulation which purports to interpret a statute but is out of harmony therewith is amended so as to correctly apply such
statute, such amendment has been held not subject to the objection of being retroactive, since it is, in fact, the first correct application of the law.
 Where administrative bodies exercise regulatory or quasi-legislative power, laying down rules and regulations, even specific orders to be observed by persons subject
thereto, the doctrine of res judicata is not applicable.
o Such rules and regulations, or orders may be amended, modified, or revoked to conform to the requirements of the law or the demands of public interest.90 But
even though an administrative agency is not bound by the rule of res judicata, it is bound to recognize the validity of a rule of conduct prescribed by it, and not to
repeal its own enactment with retroactive effect.
 In the case of procedural rules, it is often expeditious for an agency to ignore a certain rule in a particular case and adopt therein a different procedure than that
contemplated by the agency's rule.
Requirements of notice and hearing or publication

 Quasi-legislative power is exercised by administrative agencies through the promulgation of rules within the confines of the granting statute and the doctrine of non-
delegation of certain powers flowing from the separation of the three branches of the government.
 Prior notice to and hearing of every affected party is not required since there is no determination of past events or facts that have to be established or ascertained.
 As a general rule, prior notice and hearing are not essential to the validity of rules and regulations promulgated to govern future conduct.
 Publication is required as a condition precedent to the effectivity of a law to inform the public of the contents of the law or rules and regulations before their rights and
interests are affected by the same; hence, subsequent publication thereof would not cure the defect. Prior publication cannot be dispensed with for the reason that such
omission would offend due process insofar as it would deny the public knowledge of the laws that are supposed to govern it.
o But, interpretative regulations and those merely internal in nature, that is, regulating only the personnel of the administrative agency and not the public, need not
be published.

C. ADJUDICATORY POWERS
Generally
 Administrative agencies or tribunals have and exercise "determinative" or "adjudicatory" powers
and functions.
 Adjudicatory powers  Describe powers and functions which involve the decision or determination
by administrative agencies of the rights, duties, and obligations of specific individuals and
persons, as contrasted with powers (i.e., rule making) of administrative agencies which, while
they may involve decisions or determinations in the broadest sense, involve persons generally
rather than specially, and usually operate only prospectively.
 In speaking of the functions of an administrative agency, the terms "quasi-judicial" and
"adjudicatory" are synonymous or correlative, but not all determinations by an administrative
agency are judicial in nature or quasi-judicial.
 It is the power of an administrative agency to hear and determine, or to ascertain facts and decide
by the application of rules to the ascertained facts.
o By this power, administrative authorities are enabled to interpret and apply not only
implementing rules and regulations promulgated by them but also the laws entrusted to
their administration.
 The use of such terms is simply a convenient way of approving the exercise of a judicial power by
an administrative agency (e.g., legality of contract) or approving review by the courts of the
exercise of power by administrative agencies.
 Aside from such approval, the terms are used to designate the character of particular proceedings
AA: What is quasi-judicial power? It refers to deciding rights… or powers, the exercise of which must be accompanied with certain formalities and safeguards
resolving conflicting claims. characteristic of the judicial process.
Administrative agencies do not have limitless authorities. Their Adjudicative/Quasi-judicial power, as distinguished from judicial power.
authorities are defined in their charters. Their charters can also ADJUDICATIVE/QUASI-JUDICIAL POWER JUDICIAL POWER
provide for exclusion, such as in the case of NCIP. They can only The power to hear, try and determine all sorts of
resolve intra-IP disputes, not disputes between and among IPs… cases at law and equity which are brought before
otherwise, it would be outside the jurisdiction of the agency. the courts.
Typically, agencies can only rule on questions of fact. Unless, of The power to hear, try and determine all sorts of
course, in their charter, they are given to rule on questions of law. cases at law and equity which are brought before
Even if an administrative agency can rule on a question of law, those the courts.
findings are persuasive… because the court in their exercise of judicial
review under the Constitution can overturn decisions rendered by For the purpose of deciding questions as to the Where the duty is primarily to decide questions of
administrative agencies. powers with which an administrative agency may legal rights between private parties with respect to
be vested, the true rule is that where the the matter in controversy, such decision being the
function of the agency is primarily administrative primary object and not merely incidental to
and the power to hear and determine regulation or some other administrative function,
controversies is granted as an incident to the the question raised is judicial involving the exercise

administrative duty, the power is administrative, of judicial function.
or at least it is properly exercisable by
administrative agencies.
Extent of powers depends largely on enabling act. - In general, the quantum of judicial or quasi-
judicial powers which an administrative agency may exercise is defined in the enabling act of such
agency.
 In other words, the extent to which an administrative agency may exercise such powers depend
largely, if not wholly, on the provisions of the statute creating or empowering such agency. The
grant of original jurisdiction on a quasi-judicial agency is not implied.
 Where there is nothing in the law that would suggest that a particular power has been granted,
such as the power to decide contractual disputes, the same cannot be exercised.
A court cannot compel an agency to do a particular act or to enjoin such act which is within the latter's
prerogative, except when in the exercise of its authority, it gravely abuses or exceeds its jurisdiction.
Distinction between investigation and adjudication

INVESTIGATIVE FUNCTION ADJUDICATIVE FUNCTION
Means to examine, explore, inquire or delve or Means to adjudge, arbitrate, judge, decide,
probe into, research on, study. determine, resolve, rule on, settle.
Purpose is to discover, to find out, to learn, To pass on judicially, to decide, settle, or decree, or
obtain information. to sentence or condemn, xxx implies a judicial
determination of a fact, and the entry of a
judgment.
Nowhere included or intimated is the notion of

settling, deciding or resolving a controversy
involved in the facts inquired into by application
of the law to the facts established by the inquiry.
Adjudicative/Quasi-judicial power, as distinguished from rule-making power.

ADJUDICATIVE/QUASI-JUDICIAL RULE-MAKING
Adjudication is the part of the administrative A rule is the product of rule-making and rule-
process that resembles a court's decision of a making is a part of the administrative process that
case. resembles a legislature's enactment of statutes.
Judicial, quasijudicial or adjudicatory action Legislation or quasi-legislation, or rule- making

investigates, declares, and enforces liabilities as looks to the future and changes existing conditions
they stand on present or past facts and under by making a new rule to be applied thereafter to all
laws supposed to exist. or some part of those subject thereto.
Applies to named persons or to specific Lays down general regulations that apply to or
situations. affect classes of persons or situations.
In exercising its quasi-judicial function, an As a general rule, prior notice and hearing are not
administrative agency adjudicates the rights of essential to the validity of rules and regulations
persons before it. The determination of facts and promulgated to govern future conduct since there is
the applicable law as the basis for the exercise of no determination of past events or facts that have
judicial discretion are essential for the to be established or ascertained.
performance of this function. On these
considerations, it is elementary that the due
process requirements which include prior notice
and hearing must be observed.
Nature of particular acts

 Licensing, enabling, and approving. – Administrative or quasi-judicial.
o Discretionary refusal of a license, not made on conflicting evidence or after a hearing, is
not a quasi-judicial act for procedural purposes, although a hearing which is a method for
obtaining knowledge of the facts upon which the determination to grant or deny a license
must be based is a quasi-judicial function.
o Where a statute empowers an agency to revoke a license for non- compliance with or
violation of agency regulations, the administrative act is of a judicial nature, since it
depends upon the ascertainment of the existence of certain past or present facts upon
which a decision is to be made and rights and liabilities determined.
 Fixing rates and charges.- Either legislative or adjudicative action.
o Where the rules and/or rates laid down are meant to apply to all enterprises of a given
kind throughout the country, they may partake of a legislative character.
 If the fixing of rates were a legislative function, the giving of prior notice and
hearing to the affected parties is not a requirement of due process, except where
the legislature itself requires it.
o Where the rules and the rates imposed apply exclusively to a particular party, based upon
a finding of fact, then its function is quasi-judicial in character.
 As regards rates prescribed by an administrative agency in the exercise of its quasi-
judicial function, prior notice and hearing are essential to the validity of such rates.
But an administrative agency may be empowered by law to approve provisionally,
when demanded by urgent public need, rates of public utilities without a hearing.

 Miscellaneous acts. - Adjudicatory powers have also been classified as administrative on the one
hand, or as judicial in nature or quasi-judicial, on the other hand. Among the acts held, for various
purposes, to be administrative or not judicial are:
o auditing accounts of a receiver of public moneys;
o determinations of the Civil Service Commission in respect of classification and grading of
positions in the civil service;
o passing upon a petition to call an election;
o the function of draft boards;
o investigation for the purpose of ascertaining the correctness of a tax return;
o the parole of prisoners, at least so long as the duration of the sentence is not affected, and
the revocation of parole;
o the transfer of prisoners from one place of imprisonment to another;
o making a preliminary finding of probable cause for the arrest of an accused;
o the initial determination of whether certain things constitute public nuisances;
o closing and taking charge of banks found to be insolvent or unsafe and assessment of their
stockholders;
o determination whether or not there had been a violation of the terms of collective
bargaining agreement;
o the issuance of a warrant of distraint or levy in tax cases and certain other administrative
enforcement devices; and
o deportation of alien.
Classification of Adjudicatory Powers
DIRECTING POWERS Illustrated by the corrective powers of public utility commissions,
powers of assessment under the revenue laws, reparations under
public utility laws, and awards under workmen's compensation laws,
and powers of abstract determination such as definition-valuation,
classification, and fact finding.
ENABLING POWERS Characterized by the grant or denial of permit or authorization.
The chief application of this power is, of course, in the granting or

denial of licenses to engage in a particular business or occupation, but
it is also exemplified by the powers of administrative agencies to
permit the issuance of securities, to grant certificates of public
convenience or necessity, to grant broadcasting licenses, and any
other of similar nature.
DISPENSING POWERS Exemplified by the authority to exempt from or relax a general
prohibition, or authority to relieve from an affirmative duty.
As distinguished from licensing power, which sets or assumes a

standard, the dispensing power sanctions a deviation from a standard.
In the absence of express grant of authority, a commission may not
AA: There is a new case pertaining to the National relieve a common carrier subject to its supervision from an affirmative
Telecommmunications Commission. In this particular case, the duty imposed by law
Supreme Court made a categorical statement that the grant of SUMMARY POWERS Used to designate administrative power to apply compulsion or force
licenses and permits are not done in the exercise of the quasi- against person or property to effectuate a legal purpose without a
judicial power of administrative agencies. judicial warrant to authorize such action.
The original title of this slide was ‘Classes of Quasi-judicial Powers’, Often, such powers are summary in both senses of the term, that is,
now its ‘Types of Dispositions.’ Why? Because directing is QJ. But they involve direct administrative action taken without notice and
enabling is now purely administrative proceeding and not QJ. hearing. In the absence of a statutory grant of power, administrative
agencies generally may notthemselves enforce their determinations,
at least not by direct and positive action and such powers are not
lightly to be implied.
EQUITABLE POWERS An administrative tribunal having power to determine the law upon a
particular state of facts has the right to, and must, consider and
make proper application of the rules of equity.
In certain situations, particular administrative agencies are expressly

given power to determine what is "fair and equitable" and equitable
principles are necessarily applied in their decisions

AA: The Supreme Court has discussed when it is administrative. It is administrative when 1) there is implementation; and 2) when there is gathering of facts… not
involving settling of disputes. Because if it is quasi-judicial, you settle the dispute, you determine the rights, and there is hearing. The example would be… grant of
franchises is administrative, but resolving a complaint is quasi-judicial.
AA: How do you distinguish quasi-legislative from quasi-judicial? It affects everybody or a particular sector. Quasi-judicial, on the other hand, pertains to a
particular person or persons, there is a controversy, and the administrative agency under its Charter has the power to resolve the controversies.
The two main reasons why you need to distinguish quasi-legislative from quasi-judicial are: 1) procedure – wherein, the issuance of a rule has no requirement for notice and
hearing, unless there is a radical change and the law itself requires it); and 2) exhaustion – if it is quasi-legislative, no need to exhaust. For quasi-judicial, you need to exhaust,
unless you can justify non-exhaustion with any of the 20 exemptions. Recall: for quasi-legislative, you can go to court at the first instance.

CHAPTER IV: SEPARATION OF ADMINISTRATIVE AND OTHER POWERS
CHAPTER V: ADMINISTRATIVE PROCEEDINGS

Generally
 The functions of administrative agencies and the powers which they may and may not possess
have been considered previously, to wit: 1) investigatory powers; 2) rule-making powers; and 3)
adjudicatory powers.
 The discussion herein is concerned principally with the adjudicatory or determinative powers of
administrative agencies, the manner of their exercise, and the validity, operation and effect of
such exercise.
 An administrative agency may act in both a legislative and a judicial capacity.
 An administrative proceeding is at end when an appeal has been taken to court, and it is merged
in the decree of the court when the agency has procured a judicial decree enforcing its order.
Character of proceedings
 Adversary, in nature. - If it may result in an order in favor of one person against another.
 Quasi-judicial or judicial in nature. – If it involves:
(1) Taking and evaluation of evidence;
(2) Determination of facts based upon the evidence presented; and
(3) Rendering an order or decision supported by the facts proved.
 Civil
o Particular proceedings before an administrative agency have been held civil rather than
criminal in nature. This has been held in regard to departmental trials or proceedings for
the discipline of police officers, license revocation, quarantine proceedings, and deportation
proceedings.
o An adjudicatory proceeding before an administrative agency is not an action at law; nor is
AA: Whether judicial or quasi-judicial, there must be due it a litigation between private parties.
process. By the way, for quasi-judicial, the deciding agency can rely  An administrative proceeding is not a private one but is a public one looking to
on reports, affidavits from earlier classes… and what cannot be public ends.
delegated is the power to resolve the controversy… anything  Some administrative proceedings are neither preventive nor compensatory, but are
short of that, can be delegated such as the reception of preventive and remedial to implement a public policy.
evidence, or drafting of decisions.
Jurisdiction
 The power and authority given by law to hear and decide a case.
 Consists of: 1) jurisdiction over the subject matter; and 2) jurisdiction over the person.
 Jurisdiction is essential to give validity to the determinations of administrative agencies. Without
jurisdiction, their acts are void and open to collateral attack.
o An administrative tribunal has only such jurisdiction and power as are expressly or by
necessary implications conferred upon it by law.
 Administrative agencies are tribunals of limited jurisdiction.
o Their jurisdiction is dependent entirely upon the validity and the terms of the statutes
reposing power in them, and they cannot confer jurisdiction on themselves.
 An administrative agency cannot enlarge its own jurisdiction nor can jurisdiction be conferred
upon the agency by parties before it.
o Deviations from an agency's statutorily established sphere of action cannot be upheld
because it is based upon agreement, contract, or consent of the parties; nor can they be
made effective by waiver or estoppel.
 When a particular statute authorizes an administrative agency to act in a particular situation, it
necessarily confers upon such agency authority to determine whether the situation is such as to
authorize the agency to act — that is, to determine the coverage of the statute — and this
question need not, and in fact cannot, be initially decided by a court.
o However, an administrative agency's determination as to its jurisdiction is not conclusive
upon the courts.
 While failure of an agency for a long time to use an important power indicates a practical
construction that the power does not exist, a failure to exercise jurisdiction does not result in its
loss.
 Expiration of a statute may be held not to deprive an administrative agency of jurisdiction to
enforce the statute as to liabilities incurred while the statute was in force, where a general saving
statute continues such liabilities.
o Where there is no saving clause, repeal of a statute while proceedings are pending and
prior to the filing of an order, may remove any support in law for such order.
 Administrative agencies are creatures of law, and they have no general powers but only such as
have been conferred upon them by law.
o Where the law confines in an administrative office the power to determine particular
questions or matters upon the facts presented, the jurisdiction of such office shall prevail
over the courts.
Procedure to be followed
 Administrative procedure: The procedure for performing purely executive or ministerial
functions, or for rule-making, or for adjudication of disputes.
 The procedure may be prescribed in the statute creating the agency or in the rules promulgated
by the agency by authority of law.
 Rules of Procedure governing proceedings before administrative bodies are to be construed
liberally in order to effect the just, speedy, and inexpensive settlement and disposition of disputes
between the parties.
o In quasi-judicial proceedings, procedural rules governing service of summons are not
strictly construed. Substantial compliance thereof is sufficient.
o For persuasive reasons, rules of procedure may be relaxed to relieve a litigant of an
injustice not commensurate with his failure to comply with the prescribed procedure.
 The enforcement of statutory rights is not foreclosed by the absence of a statutory procedure.

o Where the statute does not require any particular method of procedure to be followed by
an administrative agency, the agency may adopt any reasonable method to carry out its
functions.
 Administrative due process cannot be fully equated to due process in its strict judicial sense.
o The important consideration is that both parties were afforded an opportunity to be heard
and they availed themselves of it to present their respective positions on the matter in
dispute.
o While administrative agencies exercising quasi-judicial powers are not hidebound by
technical procedures, nonetheless, they are not free to disregard the basic demands or
requirements of due process in justiciable cases presented before them.
o Despite the fact that formal procedure is generally available with testimony of witnesses,
stenographic record, briefs, arguments, and findings of fact or opinion, a great mass of
administrative adjudications are made informally, especially where the decision is made
upon inspection or tests, or complaints are disposed of by consent or by correspondence.
o The proceedings may not, however, be so informal as to amount to a denial of the right to
a hearing, and a mere general discussion without issues drawn is not a hearing. Even
where a hearing is not involved, informality cannot be carried to the point of violating
statutory requirements.
Due Process of Law in Administrative Adjudication

 The right to due process is not merely statutory. It is a constitutional right.
o It applies to, and must be observed in judicial as well as administrative proceedings to
every case which may deprive a person of life, liberty, or property.
o The liberality of procedure in administrative actions is still subject to limitations by the
fundamental requirement of this constitutional guarantee.
 The essence of procedural due process is embodied in the basic requirement of notice and real
opportunity to be heard.
o As applied to administrative proceedings, it simply means an opportunity to explain one's
side or an opportunity to seek a reconsideration of the action or ruling complained of.
o For as long as the parties were given fair and reasonable opportunity to be heard and to
submit evidence in support of their arguments before judgment was rendered, the
demands of due process are sufficiently met.
o There is no violation of procedural due process even if no formal or trial-type hearing was
conducted, where the party was given a chance to explain his side of the controversy.
o What is frowned upon or repugnant to due process is the denial of the opportunity to be
heard.
 Requisites. – Administrative due process includes:
(1) the right to notice, be it actual or constructive, of the institution of the proceedings that may
affect a person's legal right;
(2) reasonable opportunity to appear personally or with the assistance of counsel and defend his

rights and to introduce witnesses and relevant evidence in his favor, by testimony or otherwise,
and to controvert the evidence of the other party;
(3) a tribunal vested with competent jurisdiction, so constituted as to give him reasonable
assurance of honesty and impartiality; and
(4) a finding or decision by that tribunal supported by substantial evidence presented at the
hearing or at least ascertained in the records, or disclosed or made known to the parties affected.
 Right to Counsel
o The right to counsel is not imperative in administrative investigations because the inquiries
are conducted merely to determine whether there are facts that merit disciplinary
measures against erring public officers and employees with the purpose of maintaining the
dignity of government service.
o The right, while desirable, is not indispensable to due process unless required by the
Constitution or the law.
 Denial of due process constitutes grave abuse of discretion47 and may result in the invalidation of
the administrative proceedings and the order or determination entered against a party.
o A decision is void for lack of due process if as a result a party is deprived of the
opportunity to be heard. A void decision may be assailed or impugned at any time either
directly or collaterally by means of a separate action, or by resisting such decision in any
action or proceeding where it is invoked.
 Institution of proceedings. - The manner in which proceedings are instituted before an
administrative agency depends upon the purpose served by the particular agency and the
governing statute or rules of the agency.

Necessity for Notice and Hearing
 As a general rule that notice and hearing are not essential to the validity of administrative action
where the administrative body acts in the exercise of executive, administrative, or legislative
functions.
o In administrative cases, the requirement of notice and hearing does not connote full
adversarial proceedings, as "actual adversarial proceedings become necessary only for
clarification or when there is need to profound searching questions to witnesses who give
vague testimonies.
o Due process is fulfilled when a party was given reasonable opportunity to be heard.
o But parties who choose not to avail themselves of the opportunity to answer charges,
against them and to attend scheduled hearings, despite due notice, cannot validly complain
of a denial of due process.
Sufficiency of Notice
 Where a statute or rule provides the manner, form, and time of notice, the notice must conform
with the prescribed provisions, at least substantially, and a statutory provision may not be altered
by a rule of the agency.
o A party is entitled to notice, sufficient in time and contents, to enable him to prepare his
defense or to meet the issues involved.
 Due process of law is afforded in administrative proceedings by constructive service of notice or
process on parties.
Waiver of Right to Notice

AA: In a recently decided case, the Supreme Court ruled that non-  A failure to comply with the requirements as to notice and process may result in a failure to
taking into account the rules, there must be some basis by acquire jurisdiction.
which technical rules of procedure are not followed and  However, since notice goes to jurisdiction of the person rather than of the subject matter, the
document should be admitted… particularly some proof of cases recognize that, generally, the right to notice in an administrative proceeding may be
reliability. waived.
Notice and hearing cannot be dispensed with. It can, however, Denial of Due Process May be Cured. - What the law prohibits is not the absence of previous notice,
be waived. but absolute absence thereof and lack of opportunity to be heard; or, as has been stated: "[i]n the
application of the principle of due process, what is ought to be safeguarded is not lack of previous notice
Also, jurisdiction is conferred by law, not by the parties. but the denial of the opportunity to be heard."
Again, position papers are allowed… unless parties invoke  Administrative agencies are not bound by rigid rules of procedure or technicalities.
hearing.
Elements or Essentials of Right to Hearing. – The right to a full hearing includes the right of the
party interested or affected:
(1) to present his case or defense, and submit evidence, oral or documentary, in support thereof;
(2) to know the claims of the opposing party and to meet them;
(3) to cross-examine witnesses for a full and true disclosure of the facts; and

(4) to submit rebuttal evidence.
Duty of Administrative Body to Consider the Evidence Presented. - Not only must the party be
given an opportunity to present his case and to adduce evidence tending to establish the rights which he
asserts but the administrative agency must consider the evidence presented.
 The body or official must act on its or his own consideration of the law and the facts of the
controversy, and not simply accept the views of a subordinate.
 In all controversial questions, it or he should render its or his decision in such a manner that the
parties to the proceeding can know the various issues involved, and the reasons for the decision
rendered.
Distinction between Investigation and Hearing

INVESTIGATION HEARING
Held in private are informal proceedings to obtain there are parties and issues of law and of fact to
information to govern future actions, have no be tried and at the conclusion of the hearing,
parties, and are not proceedings in which action action is taken which may affect the rights of the
is taken against anyone. parties, and parties are entitled to be present in
person and by counsel, participate in the hearing,
and entitled to be furnished a record of the
proceedings
Requirement of Notice and Hearing by Law or Regulation

WHERE PROVIDED There is no question that when a statute requires notice and hearing in
AA: When can an administrative agency decide based on BY LAW reaching an administrative determination, such statutory requisite must be
ocular inspection? It can do so when the matter can be met or the determination is invalid. An express requirement is not
resolved through the use of senses… an example of this is the necessary.
violation of labor standards. But, the determination of financial losses WHERE NOT A statute reposing power in an administrative agency to determine
cannot determined from an ocular inspection. PROVIDED BY LAW particular questions may be deemed to contain provisions for notice and
hearing as required by the due process of law. In the absence of express
Evidence for a quasi-judicial body must be substantial, unless statutory provision, the question whether there is a right to notice and
the law provides for a different quantum. hearing is to be determined by the terms of the particular statute and the
attendant circumstance.
Moreover, administrative agencies must resolve all matters before it
on the premise that it has, of course, jurisdiction over such matter.
WHERE PROVIDED BY Even if a statute or due process of law does not require notice and hearing
Can an administrative agency condone? Only if raised by parties. REGULATIONS in a particular administrative proceeding of determinative nature, the
regulations of the agency frequently so provide. In such case, the
Furthermore, there is no requirement for form of a decision, unless regulations may be held to embrace all the elements of a fair hearing.
for courts… which have to be full-blown.

Constitutional requirement of notice and hearing. - The fundamental or essential requirement of
procedural due process of law is notice and hearing, that is, opportunity to be heard either before a court
or an administrative agency.
 It is generally held that in the exercise of quasi-judicial or adjudicatory powers, administrative
agencies may not deprive, nor may a statute empower them to deprive a person of his
constitutionally protected rights of life, liberty, and property, without notice and hearing which is
adequate and fair. Nor may he be thus deprived of any right granted to him by statute. Thus, it
is said that a hearing or opportunity to be heard before the citizen is deprived of his rights is
absolutely essential to due process.
 Notice and hearing, as the fundamental requirements of procedural due process, are essential
only when an administrative body exercises its quasi-judicial function.
o In the performance of its executive or legislative functions, such as issuing rules and
regulations, an administrative body need not comply with the requirements of notice and
hearing.
Proceedings in which no hearing is required

 While a day in court is a matter of right in judicial proceedings, it is otherwise in administrative
proceedings since they rest upon different principles. The presence of a party is not always the
cornerstone of due process. In some instances, even a hearing and notice are not required. This is
specially true where much must be left to the discretion of the administrative officers in applying a
law to particular cases.
o What is due process of law depends upon the circumstance. It varies with the subject
matter and the necessities of the situation.
 Notice and hearing are necessary in order to comply with due process of law only when
constitutional right is claimed to be invaded and the Constitution does not require a trial-type
hearing in every conceivable case of government impairment of private interest.
 The requirement of notice and hearing is not essential where the proceeding or power exercised is
legislative, executive, administrative, or ministerial in nature and not judicial, quasi-judicial, or
adjudicatory, or the government is engaged in the dispatch of its own internal affairs. However,
such a proceeding may not be used as a vehicle of depriving a person of constitutionally protected
rights without such hearing.
o Prior notice and hearing are not required:
1) for the summary abatement of nuisance per se which affects the immediate safety of
persons and property, or
2) in summary proceedings of distraint and levy upon the property of a delinquent
taxpayer for the collection of internal revenue taxes, fees or charges or any increment
thereto, or
3) in the preventive suspension of a public officer pending investigation.
 The right to a hearing or the right to particular elements of a fair trial may be waived. One may
not claim that he was not accorded a hearing or an opportunity to be heard on facts which merely

show that he did not avail himself of the opportunities afforded for a hearing. Failure to attend a
hearing, notice of which has been served on a party, effects forfeiture of his right to be
heard.
Applicability of rules governing judicial proceedings.- The provisions of the Rules of Court may be
applied suppletorily to proceedings before an administrative body with quasi-judicial powers only in the
absence of different and valid statutory or administrative provisions prescribing the ground rules for the
investigation, hearing, and adjudication of cases before it.
 The procedure of administrative agencies is not as formal and strict as that of the court, and the
regularity of such proceedings is not to be tested by the strict legal rules which prevail in courts of
law.
 Technical rules of court practice, procedure and evidence are not to be applied with rigidity in
administrative proceedings.
o All the strict rules of evidence governing judicial controversies do not need to be observed;
only such as are fundamental and essential like the right of cross-examination. Hearsay
evidence may even be admitted, provided the party interested is given the opportunity to
explain or rebut it.
o Conduct of proceedings before administrative agencies have consistently required some
proof of authenticity or reliability as a condition for the admission of documents.
 Although administrative agencies are, as a rule, unrestricted by the technical or formal rules of
procedure applicable to courts in the adjudication of cases, administrative agencies, the same as
courts, must act within, and cannot exceed, their jurisdiction, nor entirely dispense with the basic
rules on proving allegations.
o An administrative agency's exemption from strict legal rules of procedure does not
empower it to act arbitrarily, and even a statutory exemption from rules of procedure
cannot authorize exemption from the due process guarantee in the exercise of its quasi-
judicial powers. Thus, it has no power to make conclusions of fact before hearing all the
parties concerned. The right to notice and hearing is essential to due process and its non-
observance will, as a rule, invalidate the administrative proceedings.
o Due process, however, in an administrative context does not require trial-type proceedings
similar to those in courts of justice. The constitutional mandate is deemed fully satisfied
where the parties are afforded fair and reasonable opportunity to explain their side of the
controversy at hand.
Delegation of authority to hear and receive evidence

 It is well-settled that while the power to decide resides solely in the administrative agency vested
by law, this does not preclude a delegation of the power to other persons such as a hearing
officer, examiner, or investigator, to receive evidence hold a hearing, and make reports on the
basis of which the decision of the administrative agency will be made.
o Essential that judgment and discretion are finally exercised by proper officer.

o Essential that due process requirements are observed.
o Essential that proper officer acts on his own independent judgment.
Evidence in administrative proceedings. - An administrative agency is not bound by the strict rules
governing the reception of evidence in court proceedings.
 While quasi-judicial bodies are not bound by the technical rules of procedure in the adjudication of
cases, this procedure should not be construed as a license to disregard certain evidentiary rules.
 Among the basic essential rules of evidence which an administrative agency has been required to
observe even though it is not bound by the strict or technical judicial rules are giving of evidence
under oath, the principle that evidence must have probative value, the proper allocation of the
burden of proof, the degree of proof, the right to know the evidence submitted or to be
considered, to inspect documents, to cross-examine witnesses, and to offer evidence in
explanation or rebuttal.
 Not only must there be some evidence to support a finding or conclusion, but the evidence must
be "substantial." In administrative proceedings, the complainant has the burden of proving, by
substantial evidence, not proof beyond reasonable doubt, the allegations in his complaint.
 It is a basic rule of exclusion founded upon the necessity of an opportunity for cross-examination,
and the requirement that the substance of the testimony be given under oath. Nevertheless,
hearsay evidence is generally held admissible in proceedings before administrative agencies, at
least for limited purposes, especially when not objected to.
 All the parties in an administrative proceeding must be fully or fairly appraised of the evidence
submitted or to be considered, and nothing can be treated as evidence which is not introduced as
such unless it is known to all parties that evidence not formally introduced has been received by
the administrative agency, or a fact is properly supplied by official notice or presumption. The
decision must be rendered on the evidence presented at the hearing, or at least contained in the
record and disclosed to the parties affected.
 The degree of proof by which a case must be established before an administrative tribunal is not
satisfied by proof creating an equipoise, but it does not require proof beyond reasonable doubt as
in criminal cases or preponderance of evidence as in civil cases. A statute may specially provide
for a greater or lesser degree of proof than simple preponderance.
o In our jurisdiction, the rule is that, the findings of fact of administrative agencies must be
respected, so long as they are supported by substantial evidence, even if not
overwhelming or preponderant as in civil cases.
Decisions and Orders

 While the duty to deliberate does not often impose the obligation to decide right, it does imply a
necessity of having something to support its decision.
 The decision must be based on the evidence presented at the hearing, or at least contained in the
record and disclosed to the parties affected.
 An administrative body "should render its decisions in such a manner that the parties to the

proceeding can know the various issues involved and the reasons for the decision rendered,"137
which necessarily would require a finding of fact and law otherwise they would have no legal effect
as such. For as long as the administrative decision is grounded on evidence, and expressed in a
manner that sufficiently informs the parties of the factual and legal basis of the decision, the due
process requirement is satisfied.
 With respect to decisions or judgments of lower courts or tribunals, the general rule is that they
become executory only after they have become final and executory, execution pending appeal
being an exception to this general rule.
o A judgment becomes final and executory after the lapse of the reglementary period of
appeal if no appeal is perfected, or an appeal therefrom having been taken the judgment in
the appellate court becomes final.
o There is no general legal principal that mandates that all decisions of quasi-judicial
agencies are immediately executory.
Power of administrative agencies to modify their decisions. - Broadly expressed, administrative

determinations are subject to reconsideration and changes so long as no rights have vested in the
meantime by reason thereof, and so long as they have not passed beyond the control of the
administrative authorities, as where the determinations are not final but interlocutory, or where the
powers and jurisdiction of the administrative authorities are continuing in character.
Enforcement of administrative determinations

 Administrative determinations are enforceable only in the manner provided by statute.
o In the absence of statute, administrative authorities may not enforce their own
determinations, but statutes frequently invest them with power of enforcement.
 Except as may be otherwise provided by statute, administrative bodies, generally, have no power
to enforce their decisions or orders but such decisions or orders can be enforced only by the
courts.
o Statutes customarily provide for the judicial enforcement of administrative determinations.
The primary object of a provision for judicial enforcement of an order of an administrative
agency is to enable such agency, by invoking the power of the court, to mobilize the
judicial authority in carrying out the policies of the statute.

CHAPTER VI: JUDICIAL REVIEW OF, OR RELIEF AGAINST, ADMINISTRATIVE ACTIONS
A. Concept of Judicial Review
 The term “judicial review” may embrace any form of judicial scrutiny of a matter which arises
when such action is brought into question before a court.
o The problem of judicial review of the action of an administrative agency necessarily brings
the judicial process into conflict with the administrative process and presents vital
questions as to the relative roles of administrative agencies and the courts in our system of
government.
o Administrative agencies have their source in necessity, to perform functions which are
beyond the capacity of the courts, and the role of the courts in regard to administrative
action is the accommodation of the administrative process to the traditional judicial system
and to reconcile democratic safeguards and standards of fair play with the effective
conduct of government.
 One basic approach to judicial review is that questions of law or validity are for the court, while
questions of fact, policy, or discretion are determinable by the administrative agency. However,
when an administrative agency renders an opinion or issues a statement of policy, it merely
interprets a preexisting law and the administrative interpretation is at best advisory for it is the
courts that finally determine what the law means.
 It is the policy of the courts not to interfere with the actions of government agencies entrusted
with the regulation of activities coming under their special knowledge and training or specific field
of expertise unless there is a clear showing of capricious and whimsical exercise of judgment or
grave abuse of discretion amounting to lack or excess of jurisdiction considering that by their
nature and functions they are in the best position to know the limits of their powers under
prevailing circumstances or situations.
AA: Can the findings of fact of administrative agencies be altered by  Subject to well-settled exceptions, certiorari, prohibition, and mandamus do not lie against the
the courts? Yes, but it is up to the court whether they will altered it or legislative and executive branches or the members thereof acting in the exercise of their official
not… or whether they will take cognizance of the matter… it is up to functions, basically in consideration of the respect due from the judiciary to said departments of
them to decide whether such is a political question or under the co-equal and coordinate ranks under the principle of separation of powers.
business judgement rule.
B. Right to Judicial Review. – Reference to both the power and right of the court to grant the review
sought and the right in the person who invokes the power of the court.
 Where judicial review is provided in the statute, the right of appeal to the courts is to be
determined by looking at the statute, the valid regulations promulgated pursuant to it, and proven
administrative practice throwing light upon their meaning.
 But, generally, there is no inherent right to judicial review of the action of an administrative
agency. Appeal is of a statutory origin; it is not a requirement of due process.
o The fact, however, that a statute does not provide for judicial relief or review does not
mean that there is no power or right of relief or review in a proper case under the general
powers and jurisdiction of the courts.
 Administrative determinations involving political questions need not be submitted to a court for
review and do not ordinarily fall within the scope of the judicial power.
 There can be no constitutional objection to making findings of fact conclusive if supported by
evidence or to a provision that rules, regulations or orders shall not be set aside unless it appears
that the findings were against the weight of evidence.
C. Administrative Findings and Constructions Generally Conclusive

 A litany of cases has consistently held that substantial evidence is all that is needed to support an
administrative finding of fact. The general rule is that, courts will not disturb on appeal the factual
findings of administrative agencies acting within the parameters of their own competence so long
as such findings are supported by substantial evidence.
 By reason of their special knowledge, expertise, and experience, gained from the handling of
specific matters falling under their respective jurisdictions and which are addressed to their sound
discretion, the courts ordinarily accord great weight and respect if not finality to factual findings
(i.e., veracity or falsehood of alleged facts) of administrative tribunals.
o Administrative agencies are not disturbed unless:
1) Findings are not supported by substantial evidence;
2) Fraud, mistake, illegality;
3) Procedural which led to the factual findings is irregular;
4) Palpable errors;
5) Grave abuse of discretion – i.e., arbitrariness or capriciousness is manifest;
6) Conflict in factual findings.
 In the exercise of their jurisdiction, when confronted with conflicting versions of factual matter, it
is for them in the exercise of discretion to determine which party deserves credence on the basis
of the evidence received. If the administrative findings of facts are not supported by substantial
AA: There are a number of changes in Slide 51. Administrative evidence, the same are not binding on the courts.
agencies, of course, are in a better position to pass
judgement. Again, but their findings and judgement are D. Scope and Extent of Judicial Review
reviewable by the courts under particular circumstances.  For purposes of judicial review, agency determinations have been regarded as of three types:
o determinations of law, which are fully reviewable;
o determinations of fact, review of which is limited to finding of the existence of
substantial evidence; and
o discretionary determinations, which are reviewable only to ascertain whether the action
taken was arbitrary or capricious.
 The primary limitation upon the power of the court to review is in regard to matters calling for the
exercise of expert judgment which are committed to the discretion of the administrative agency.
 The fundamental feature of judicial review of administrative action is that it is a limited review.
o Judicial review is extremely limited in regard to findings of fact and to expert judgments of
an administrative agency acting within its statutory authority. The courts must not usurp
the functions of the administrative agency nor intrude upon the domain which the
legislature has entrusted to the agency.

o The power of judicial review is not the power to determine whether the action of an
administrative agency is right, correct, wise, proper, advisable, expedient, or best fitted to
the situation involved.
 The determination of an administrative agency as to the operation, implementation and
application of law which it is entrusted to enforce is accorded great weight. It is presumed that an
administrative determination is correct, legal and just. Beliefs and suspicions and conjectures
cannot overcome the presumption of regularity and legality of official actions. The burden of proof
is on the party assailing the regularity of official proceedings.
 Judicial review of executive or administrative decisions does not import a trial de novo {i.e., a
review of the evidence all over again) but only an ascertainment of whether the administrative
findings are not in violation of the Constitution or of the laws, and are free from fraud or
imposition, and whether they find reasonable support in evidence.
o Administrative decision in matters within the executive or administrative jurisdiction can
only be set aside on proof of gross abuse of discretion, fraud or error of law. To assume
that after administrative decision has been rendered, the courts are then free to retry the
case de novo, is to misconceive the fundamental mission of judicial review.
o There cannot be a trial de novo in administrative cases since a review of an administrative
finding is limited to the evidence already presented before the administrative body.

AA: In Slide 55, this tells us that in a particular administrative agencies, there can be two level… or this can be two different agencies like for example, the DAR and
the Office of the President, or it can be COMELEC Division and COMELEC En Banc.
SCENARIO/S DEFENSES/S
No actual injury, filed case in AA or Court There is no justiciable controversy. Thus, it cannot be filed with a particular
administrative agency or the court.
Instead of filing case before AA, filed directly with the Court There is concurrent jurisdiction of the Courts and the AA, but the AA should take
cognizance.
While case pending before AA Level 2, filed case in Court Doctrine of finality of administrative action. While the case is pending, it is not yet
final, subject to exceptions.
After AA Level 1 decides case, filed case before the Court Doctrine of exhaustion of administrative remedies, subject to exceptions.

E. Defenses
1. Doctrine of Finality of Administrative Action
 Courts are reluctant to interfere with action of an administrative agency prior to its completion or
finality, the reason being that absent a final order or decision, power has not been fully and finally
exercised, and there can usually be no irreparable harm.
 It is only after judicial review is no longer premature that a court may ascertain in proper cases
whether the administrative action or findings are not in violation of law, or are free from fraud or
imposition or find substantial support from the evidence.
 The requirement of finality is subject to exceptions and limitations which permit judicial relief for
review at an initial or intermediate stage of the administrative action.
o Exceptions:
1) Interlocutory order;
2) Preserve status quo;
3) Protection of rights;
4) Acts in violation of the Constitution and other laws;
5) Order is not reviewable in any other way and the complainant will suffer great and
obvious damage if the order is carried out; and
6) Order made in excess of power.
2. Doctrine of Primary Jurisdiction. - —This principle has been also referred to as the doctrine of prior
resort, or exclusive administrative jurisdiction, or preliminary resort.
AA: The doctrine of finality of administrative action has 4  It usually refers to cases involving specialized disputes which are referred to an administrative
exceptions – meaning, while the case is pending, you can question agency of special competence to resolve the same.
those matters, but such will not affect the merits of the case. These o The doctrine applies only where the administrative agency exercises its adjudicatory
are “side issues.” function.
o [T]he objective of the doctrine is to guide a court in determining whether it should refrain or
There are two instances by which you apply the doctrine of not from exercising its jurisdiction.
primary jurisdiction:  Under the doctrine, "courts cannot and will not determine a controversy involving a question which
1) Court  Administrative Agency – where the court will either is within the jurisdiction of an administrative tribunal, especially where the question demands the
suspend, or dismiss with prejudice if it will fairly disadvantage exercise of sound administrative discretion requiring the special knowledge, experience and
the parties; and services of the tribunal to determine technical and intricate matters of fact and where a uniformity
2) AA 1 and AA2 – the priority rule. of ruling is essential to comply with the purposes of the regulatory statute administered."
 The doctrine is based on sound public policy and practical considerations. The usual result when a
court holds that an administrative agency has primary jurisdiction is the dismissal of the
proceeding in the court.
o Two reasons for the rule:
1) To talk full advantage of administrative expertness; and
2) To attain uniformity of application of regulatory laws, which can be secured only if
determination of the issue is left to the administrative body.
 The operation of the doctrine is, rather, to determine whether the initial consideration of the

matter should be by a court or by an agency.
o Courts are in agreement that prior resort should be required where the reasons mentioned
justify its application. Thus, prior resort would be required where elements of administrative
discretion are often important considerations, such as in cases involving issuance and
revocation of licenses and the enforcement of licensing rules.
o Be that as it may, prior resort to an agency should be limited to questions of fact and
questions requiring the skills of administrative specialists. Questions of law may
appropriately be determined in the first instance by courts, because uniformity may be
secured through review by a single Supreme Court, and that unifying influence will involve
neither factual determination nor the exercise of specialized judgment. There is no danger
of bypassing administrative action.
o The doctrine is clearly applicable whenever courts and administrative agencies have
concurrent jurisdiction.
3. Doctrine of Exhaustion of Administrative Remedies

 The doctrine of exhaustion of administrative remedies requires that where a remedy within an
administrative agency is provided or available against the action of an administrative board, body,
or officer, and can still be resorted to by giving the said agency every opportunity to decide
correctly a given matter that comes within its jurisdiction, relief must be first sought by availing
this remedy before bringing an action in or elevating it to the courts of justice for review.
 The thrust of the doctrine is to allow first the administrative agency to carry out its functions and
discharge its responsibilities within the specialized areas of its competence before resort can be
made to the courts.
 The premature invocation of a court's intervention is fatal to one's cause of action. Absent any
finding of waiver or estoppel, the complaint is susceptible of dismissal for lack of cause of action.
 As a rule, only after all administrative remedies are exhausted at the highest level within the
administrative system may judicial recourse or intervention be allowed.
o In some instances, the statute makes the exhaustion of the remedies a pre-condition of the
right to seek the intervention of the courts. The principal application is to compel parties to
administrative proceedings to take full advantage of all the means of administrative
processes afforded them. It serves to prevent private litigants from ousting administrative
bodies from the exercise of adjudications properly committed to them.
o In our jurisdiction, it has been held that failure of a party to exhaust the procedure of
administrative remedies provided by law therefor affects his cause of action, not the
jurisdiction of the court over the subject matter. Hence, such failure is a ground for
dismissal of the action for lack of a cause of action which is one of the grounds in the Rules
of Court for the dismissal of a complaint.
o Exhaustion must be raised at the earliest time possible, even before filing the answer to the
complaint or pleading asserting a claim by a motion to dismiss. Failure to invoke it at the
proper time operates as a waiver of the objection as a ground for a motion to dismiss and

the court may then proceed with the case and try it as if the doctrine had been observed.
4. Doctrine of Ripeness for Review

 This doctrine, like that of exhaustion of administrative remedies, determines the point at which
courts may review administrative action except that the former applies to administrative action
other than adjudication.
 The basic principle of ripeness is thatthe judicial machinery should be conserved for problems
which are real and present or imminent, and should not be squandered on problems which are
future, imaginary or remote.
 An issue is normally ripe for judicial determination when interests of the plaintiff are, in fact
subjected to or imminently threatened with substantial injury.
 The doctrine on exception of administrative remedies is subject to limitations and exceptions
provided by law or required by public interest. Its observance has been dispensed with or
relaxed or disregarded, among others.
1) Where by the terms of the statute authorizing an administrative remedy, such remedy is
permissive warranting the conclusion that the legislature intended to allow the judicial remedy
even though administrative remedy has not been exhausted, or where the administrative
remedy is not exclusive but merely cumulative or concurrent to a judicial remedy, or there is
grave doubt as to the availability of the administrative remedy.
2) Where the issue involves not a question of fact, but one of pure law and nothing of an
administrative nature is to be done or can be done particularly where the controverted act is
patently illegal, arbitrary and oppressive (e.g., violated petitioner's constitutional right to
security of tenure) or clearly devoid of any color of authority, or has been performed without or
in excess of jurisdiction or with grave abuse of discretion.
3) Where the issue raised is the constitutionality of the statute under which the administrative
agency acts, or providing the administrative remedy, of itself, as distinguished from a possible
exercise of administrative power under the statute.
4) Where questions involved are essentially judicial.
5) Where there is estoppel on the part of the party invoking the doctrine,"' or where the
administrative body is in estoppel to invoke the doctrine.
6) If it should appear that an irreparable damage or injury will be suffered by a party unless resort
to the court is immediately made.
7) In special circumstances where there is no other plain, speedy, or adequate remedy in the
ordinary course of law.
8) Where respondent officer acted in utter disregard of due process as where one had been
dismissed without any administrative charges having filed nor any investigation conducted.
9) Where insistence on its observance would result in the nullification of the claim being asserted,
as where the period within which to bring the case to court (i.e., quo warranto) is limited by
law.
10) When there is long-continued and unreasonable delay or official inaction that will unretrievably

prejudice the complainant.
11) When there are special reasons or circumstances demanding immediate judicial intervention.
12) Where the amount involved is relatively small so that to require exhaustion would be
oppressive and unreasonable.
13) When no administrative review (i.e., by the President or by the Executive Secretary) is
provided as a condition precedent to the taking of an action in court.
14) In land cases, where the land subject of litigation is not part of the public domain.
15) On the other hand, the application of the principle of exhaustion of administrative remedies
with reference to public lands as a condition precedent to the filing of a judicial action is
confined to controversies arising out of the disposition or alienation of public lands, or to the
determination of the respective rights of rival claimants to public lands, and not to possessory
actions involving public lands which are limited to a determination of who has the actual
physical possession or occupation of the land in question.
16) Where the respondent is a Department Secretary whose acts, as an alter ego of the President,
bear the implied or assumed approval of the latter, unless actually disapproved by him.
17) Where the administrative officer has not rendered any decision, or made any final finding of
any sort, the rule of prior exhaustion of administrative remedies does not apply.
18) Where plaintiff in the civil action for damages has no administrative remedy available to him.
19) Where a strong public interest is involved.
20) Other cases.

- END -

(Billie Blanco) Admin Reviewer (Last Edit Mar. 9, 2020)

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(As of 03/09/2020, 4:00PM) “Good is the enemy of the better.

Lecture Notes and Annotations from the

B. Scope of Administrative Law. – It covers the following:

C. Concerns of Administrative Law

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2. Law that Controls Administrative Authorities and Law Made by Administrative

Note: It constitutes, under delegations of

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3. Procedural Administrative Law and Substantive Administrative Law. – Refers to the

5. Geographical Jurisdiction and Functional Jurisdiction

Administrative Law, as distinguished from Constitutional Law

Administrative Law, as distinguished from Criminal Law

Administrative Law, as distinguished from Public Administration

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F. Advantages of the Administrative Process

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Administrative Agency or Body, as Distinguished from Court.

C. Status or Character of Particular Administrative Agencies. - Depend on the terms

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Consequence of Characteristics. - Each of the four characteristics of administrative

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Three attributes make an entity a

Twin requirements of the Constitution

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SUPERVISION AND CONTROL Includes the authority to:

Note: “Control” = Supervision and Control

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As to degree/subjective choice [D/M]

Ministerial act refers to, one performed in

AA: This summarizes what must be in the law… for example…

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Right to counsel in administrative prosecution

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Prospective/retroactive application. - A statute operates prospectively only and not retroactively,

Limitations on the Rule-Making Power

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Determination of Validity of Rules. - The questions to be examined in determining the validity of

Tests Applied in Determining the Validity of Rules

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Legislative rules and regulations

Distinction between legislative and interpretative rules

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Contingent rules and regulations

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Principles of Administrative Construction

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Requirements of notice and hearing or publication

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