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Chapter V - Quasi-judicial Power

Quasi-judicial

- actions or discretions of public administrative officers or bodies required to investigate facts, or

ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis for their
official action and to exercise discretion of a judicial nature

Quasi-judicial body

- organ of government other than a court and other than a legislature, which exercises adjudicative
power affecting the rights of private persons

- to adjudicate claims and/or determins rights

- its decision is final unless reasonably appealed to proper reviewing authority

Function of public prosecutor is to conduct preliminary investigation to determine the existence of

probable cause, file an information in court, and to prosecute the accused which is described as
executive in nature rather than quasi-judicial.

Judicial action

- adjudication upon the rights of parties brought before tribunal by notice or process, and upon whose
claims some decision or judgment is rendered

- implies impartiality, disinterestedness, weighing of adverse claims, inconsisten with discretion at hand
(for the tribunal must decide according to law and the rights of the parties)

The exercise of judicial function is to determine what the law is, and what the legal rights of parties
are, with respect to a matter in controversy.

Judicial power

- the authority to determine the rights of persons or property by arbitrating between adversaries in
specific controversies

- the exercise of judgment

- the power which adjudicates upon and protects the rights and interests of individual citizens, and to
that end construes and applies the law

- implies the construction of laws and adjudication of legal rights

- includes the power to hear and determine a matter that is not in the nature of suit or action between
parties

Judicial and Quasi-judicial Acts

- depends on the nature of the act to be performed

- before a tribunal, board or officer may exercise judicial or quasi-judicial acts

Quasi-judicial adjudication

- resolution of controversies is the raison d'ete of courts (it is an essential function accomplished by
ascertainment of all the materials and relevant facts from pleadings anf evidence, it is also the
determination of facts that has been completed by the application of law to the end of the settlement of
the controversy)

The function requires:

1. Previously established rules and principles

2. Concrete facts (whether past or present) affecting determinate individuals

3. Decision as to whether these facts are governed by the rules and principles

Adjudication - agency process for the formulation of a final order, presupposes compliance with
such requirements before such final order is issued

Quasi-judicial agencies

- in exercise of their power, perform functions similar to those of courts of justice

- receives evidence, ascertain the facts therefrom, determines what the law is and what the legal rights
of the parties ate, and decides the controversy and renders judgment thereon

Distinguished from administrative function

- judicial function is accompanied by materials and relevant facts and all the above-mentioned things,
making the principle of res judicata applicable

- while and administrative body, like public prosecutor determines whether or not probable cause exists
to warrant the filing in court of criminal charges for violation of a penal statute and to handle its
prosecution, it is not a quasi-judicial body but an administrative body exercising a function that is
executive in nature

Distinguished from quasi-legislative functions

Quasi-adjudication

- determination of rights, privileges, and duties by administrative agency resulting in a decision or order
affecting a named person and becoming final and executory after the lapse of a certain period

- in quasi-judicial power, notice and hearing are required

- in quasi-legislative power, notice and hearing are not necessary

- the distinction is important to determine the appropriate remedy against improvident exercise

‼️ Judicial action to question a decision of a quasi-judicial agency in the exercise of its quasi-judicial
power us filed with the Court of Appeals
‼️ Action to challenge the rules and regulations issued by an administrative agency to implement the law
is filed with the Regional Trial Court

Reasons for creation of quasi-judicial agencies:

- as a result of multiplication of problems in the society, mote administrative bodies to help in the
regulation of ramified activities, specialized in the particular fields assigned to them, is needed

- to help the regular court dockets unclog

- to enable the court decide more cases falling within its jurisdiction

Voluntary arbitrator a quasi-judicial officer

Arbitration - reference of a dispute to an impartial third person for determination on the basis of
evidence and arguments presented by the parties who agreed to accept the decision.

Voluntary Arbitration - referral of a dispute by the parties pursuant to a voluntary arbitration clause
or agreement to an impartial third person or panel for a final resolution.

Involuntary arbitration - one compelled by the government to accept the resolution of the dispute
through the arbitration of a third party.