Admin, Local Govt’, Law on Pub corp
controversy which us already pending in court
PH Admin Laws
 Law which governs the organization, functions and
procedures of admin agencies of the govt to which
quasi-legislative powers are delegated and quasi-judicial
powers are granted, such agencies are subject to control
of court
Scope of admin Law
 Governs public officers, their competence, duties,
liabilities, elections
 Creates admin agencies, defines their power and
functions, prescribe their procedure
 Provides remedies administrarive or judicial to those
aggrieved by admin act or decisions
 Governs judicial review
 Rules and regulations, order and decisions issued by
admi agencies
Admin relationship; categorization
1. Supervision and control
2. Admin supervision
3. Attachment
Sources of Admin Law
1. Consttitution
2. Statutes
3. Judicial decisions
4. Rules, regulation, ordes, proclamation
Power of Admin Agencies
1. Quasi legislative (rule- making)
a) Kinds of admin rules and regulationd
b) Req of validity
2. Quasi judicial (adjudicatory)
a) Admin due process
b) Admin appeal and review
c) Admin res judicata
3. Fact finding, investigative. Licensing, rate fixing powers
Quasilegislative power
 Power of subordinate legislation
 Permits body to promulgate rules intended to carry
put the provision of a particular law
 Delegated authority by congress to adopt rules and
regulation intended to carry out provisions of the
law
 Admin agencies cannot by itself exercise such
power if noe xpress delegation from cogress
Administartive Rule
 Implement or interpret laws
 Fixes and describes the procedures in a ractice
requirements of an agency, including its
regulations
 United residents v COSLAP: COSLAP has no power to
hear and decide the petition. Admin agencies are not
considere as courts. They are neither part of the judicial
system nor are they deemed judicial tribunal. COSLAP is
not justified in assuming jurisdiction over the
Quasijudicial power
 Power of adjudicatio/ investigation
 Enable the admin body to resolve in a manner
essentialjudicial, factual and sometimes even legal
question to its primary power of enforcement
 Admin authorities to make determinarion of facts in the
performance of their official duties and to apply the law
as they construe it to the facts found
 Reason for the execise: admin officers can interpret ad
apply the law to the facts bcus of their expertise and to
unclog court dockets
 Sources:
 Incidental to power of regulation
 Expressly conferred by legislative thru specific
provision in the charter of agency
 When exercised:
 Incidental to or reasonably necessary for the
performance of the executive or admin duty
 Req of q-power
 Jurisdiction acquired by admin body
 It is the legislative department that confer
jurisdiction to admin agency
 Due process must be observed (respondent given a
chance to explain himself); notice and hearing
 Right to notice and hearing is essential to due
process
 Xpn to notice and hearing
 Extreme urgency
 Tentativeness of the admin action
 The fact that the right has been
previously offered but not claimed by
the party (Party waives his right)
 Rules of procedure
 When admin agency is expressly granted the
power of adjudication, it is deemed vested with
implied power to prescribe the rules to be observed
in the conduct of proceedings
 Rules of procedures should be liberally construed
to promote their objective
 Subpoena power?
 Generally inherently judicial in nature and not
inherent in admin agencies to issue such
 Xpn:(clearly granted to admin agency) if duly
allowed by law and always in connection with the
matter they area authorized to investigate (you
cannot use this to summon people and harass or
intimidate)
 Power to investigate
 Examine, explore, inquire, probe into to conduct
an official inquiry
 Power to adjudicate
 Power adjudge, arbitrate, settle finally the rights
and duties of the parties
 Contempt Power?
  GR: inherently judicial in nature, unless expressly
conferred by the court to admin agencies , the
gov’t agencies cannot exercised it
 If expressly granted, must be used only in
connection with its quasijudicial function
 If the agency is given the power of subpoena,
it does not necessarily mean that it is given
the power to discipline. The person who
disregard the subpoena, may not directly be
disciplined by the body but has to seek the
assistance of the courts of justice fro the
enforcement of its order ( If a Lupon issue a
resolution citing in contempt a person they
need to go to court to enforce such resolution
bcu such power is inherently judicial in nature
) exclusively legislative and may not be delegated to
What is a Q-bod/ agency
 An admin body with the power to hear, determine or
ascertain facts and decide rights, duties and obligation
of the parties by application of rules to the ascertained
facts. By this power, q-judicial agencies are enabled to
interpret and apply implementing rules and regulations
promulgated by them and laws entrusted to their
administration
Administrative Due Process
1. Right to a hearing - right of the party affected to be
present his own case and submit evidence
2. Tribunal must consider the evidence
3. Decision must have something to support itself
Res Judicata
 Admin agencies upon their finality, have the force and
binding effect of a final judgment within the purview of
the doctrine of res judicata
 Res judicata applies to judicial, q-judicial acts of public,
executive or adminstrative offices and board acting
within their jurisdiction
 Basis: award of q- judicial agencies must become final at
some definite date fixed by law
DETERMINATIVE POWER OF ADMIN AGENCIES
1. Enabling powers
 Permits the doing of an act which the law undertakes to
regulate and which would be unlawful without govt
approval
 Eg: issuance of permits/ license re quarry
2. Directing powers
 Power to order or do a particular acts to ensure
compliance with the law and are often exercised for
corrective purposes
 Eg: power of assessment of BIR to ensure compliance
with the law
3. Dispensing Power
 Allows admin agencies to relax the operation of laws or
exempt from performance of general duty
4. Examining Power
Enables to inspect records, premises and investigate the
activities of persons or entities coming under its jurisdiction
5. Summary Powers
 Use of force upon persons or thing without the
necessity of previous judicial warrant
EXERCISE OF POWER OF ADMIN AGENCY
1. Discretionary; or
 Involve involves interpretation or construction and
enforcement of the law and the appreciation of factual
question that may be submitted to it for resolution
2. Ministerial
 Admin officers performs mechanical act that requires no
judgment or discretion for its existence
Can govt agency issue an implementing rule with penal
regulation?
 As a rule, power to define and punish a crime is
admin authorities
 While admin regulations may have force and effect of
laws, their violation cannot give rise to criminal
prosecution unless the legislature makes such violation
punishable and imposes the corresponding sanctions
 Means that the law itself makes the act punishable
so IRR being issued by the agency may also make a
penal provision thereof
 Req if there is a Penal Regulation
 Law itself must make violation of admin regulation
punishable
 Law itself must impose and specify the penalty and
not the admin agency
 Regulation must be published
Rule on Publication
 Admin rules and regulation the purpose of which is to
enforce or implement an existing law pursuant to a valid
delegation must be published in official gazette or
newspaper of general circulation (IRR must be
published)
 Except Interpretative regulation and
 Merely internal in nature or so called letter of
instruction (regulating only the personnel of
admin agency , and not the general public)
 Does not require publication, only posting in
conspicuous place in the agency itself - such
posting is already compliant of the publication
requirement
 An admin rule that fixes rates is valid only when
published and hearings are conducted
Exhaustion of Admin Remedies/ doctrine of prior resort/
doctrine of finality of admin action
 When an adequate remedy is available within the
executive department, litigant must first exhaust this
remedy before he can resort to courts. To enable the
admin agencies to correct themselves if they have
committed an error
 Reason: be
 resort to court may be unnecessary
 Chance to correct itself
 Principle of comity and convenience
 Special civil action will not prosper if there is
another speedy, plain and adequate remedy
available
 Xpn to Exhaustion
 Question raised is purely legal
 Admin body is in estoppel
 Act complaint of is patently illegal
 Urgent need for judicial intervention
 Claim is small
 Irreparable damage will be suffered
 No other plain, speedy and adequate remedy
 Strong public interest involved
 Controversy is a private land
 Quo warranto proceeding
 Denial of due process to a party
 Decision of that is that of Dept secretary as alter
ego of principle
 Resort to admin remedies would be futile
 Unreasonable delay
 Action involves recovery of physical possession of
public land
 Party is poor

 Doctrine of exhaustion of admin remedies applies only

to judicial review of decisions of admin agencies in the
exercise of their q-judicial power. It has no application
to their exercise of rule-making power (re DENR and TLA
agreement)

 Amelia is not administratively liable. There is no

compelling state interest that justifies the free exercise
of religious beliefs. The means used by the government
to achieve is not the least intrusive means
y
 Give 2 req for judicial review of administrative
decisions/ actions, that is, when is an admin action is
ripe for judicial review?- ff are conditions for ripeness
for judicial review of admin action
 Admin action has been fully completed and
therefore, is a final agency action; and
 All admin remedies have been exhausted