2020 BAR REVIEW POLITICAL LAW

Handout No. 42
ADMINISTRATIVE LAW

Requisites for valid delegation of power

Although Congress may delegate to another branch of the government the power to fill in the
details in the execution, enforcement or administration of a law, it is essential that said law: (a)
be complete in itself, setting forth therein the policy to be executed, carried out or implemented
by the delegate; and (b) fix a standard—the limits of which are sufficiently determinate or
determinable—to which the delegate must conform in the performance of his functions. Pelaez
vs. Auditor General, 15 SCRA 569, No. L-23825 December 24, 1965

Administrative agencies possess two (2) kinds of powers, the quasi-legislative or rule-making
power, and the quasi-judicial or administrative adjudicatory power.

The first is the power to make rules and regulations that results in delegated legislation that is
within the confines of the granting statute and the doctrine of non-delegability and separability
of powers.

The second is the power to hear and determine questions of fact to which the legislative policy
is to apply and to decide in accordance with the standards laid down by the law itself in enforcing
and administering the same law. Chairman and Executive Director, Palawan Council for
Sustainable Development vs. Lim, 801 SCRA 304, G.R. No. 183173 August 24, 2016

Where a rule or regulation has a provision not expressly stated or contained in the statute being
implemented, that provision does not necessarily contradict the statute—all that is required is
that the regulation should be germane to the objects and purposes of the law; that the
regulation be not in contradiction to but in conformity with the standards prescribed by the
law.

Where a rule or regulation has a provision not expressly stated or contained in the statute being
implemented, that provision does not necessarily contradict the statute. A legislative rule is in
the nature of subordinate legislation, designed to implement a primary legislation by providing
the details thereof. All that is required is that the regulation should be germane to the objects
and purposes of the law; that the regulation be not in contradiction to but in conformity with the
standards prescribed by the law. In Section 5 of R.A. No. 9207, the Committee is granted the
power to administer, formulate guidelines and policies, and implement the disposition of the
areas covered by the law. Implicit in this authority and the statute’s objective of urban poor
housing is the power of the Committee to formulate the manner by which the reserved property
may be allocated to the beneficiaries. Under this broad power, the Committee is mandated to fill

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 2020 BAR REVIEW POLITICAL LAW
Handout No. 42
ADMINISTRATIVE LAW

in the details such as the qualifications of beneficiaries, the selling price of the lots, the terms and
conditions governing the sale and other key particulars necessary to implement the objective of
the law. These details are purposely omitted from the statute and their determination is left to
the discretion of the Committee because the latter possesses special knowledge and technical
expertise over these matters. Holy Spirit Homeowners Association, Inc. vs. Defensor, 497 SCRA
581, G.R. No. 163980 August 3, 2006

Without a clear mandate of an existing law, an administrative issuance is ultra vires.

The questioned circular does not come under the inherent power of the executive department
to adopt rules and regulations as clearly the issuance of HDO and WLO is not the DOJ’s business.
As such, it is a compulsory requirement that there be an existing law, complete and sufficient in
itself, conferring the expressed authority to the concerned agency to promulgate rules. On its
own, the DOJ cannot make rules, its authority being confined to execution of laws. This is the
import of the terms “when expressly provided by law” or “as may be provided by law” stated in
Sections 7(4) and 7(9), Chapter 2, Title III, Book IV of E.O. 292. The DOJ is confined to filling in the
gaps and the necessary details in carrying into effect the law as enacted. Without a clear mandate
of an existing law, an administrative issuance is ultra vires. Consistent with the foregoing, there
must be an enabling law from which DOJ Circular No. 41 must derive its life. Unfortunately, all of
the supposed statutory authorities relied upon by the DOJ did not pass the completeness test
and sufficient standard test. Genuino vs. De Lima, 861 SCRA 325, G.R. No. 197930 April 17, 2018

Administrative Due Process

In Ang Tibay v. CIR, 69 Phil. 635 (1940), the Court laid down the cardinal rights of parties in
administrative proceedings, as follows: 1) The right to a hearing, which includes the right to
present one’s case and submit evidence in support thereof; 2) The tribunal must consider the
evidence presented; 3) The decision must have something to support itself; 4) The evidence must
be substantial; 5) 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; 6) The tribunal or body or any
of its judges must act on its or his own independent consideration of the law and facts of the
controversy and not simply accept the views of a subordinate in arriving at a decision; and 7) The
board or body should, in all controversial questions, render its decision in such a manner that the
parties to the proceeding can know the various issues involved, and the reason for the decision
rendered. Alliance for the Family Foundation, Philippines, Inc. (ALFI) vs. Garin, 825 SCRA 191,
G.R. No. 217872 April 26, 2017

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Handout No. 42
ADMINISTRATIVE LAW

Substantial Evidence

In administrative cases, the quantum of evidence required is that of substantial evidence;

substantial evidence is such relevant evidence as a reasonable mind may accept as adequate to
support a conclusion; requirement, satisfied where there is reasonable ground to believe that
the respondent is guilty of the act or omission complained of, even if the evidence might not be
overwhelming. Re: Anonymous Complaints against Hon. Bandong, former Presiding Judge, RTC,
Br. 59, Lucena City, Quezon Province, A.M. No. RTJ-17-2507, Oct. 09, 2017

Doctrine of Primary Administrative Jurisdiction

Under the doctrine of primary administrative jurisdiction, if an administrative tribunal has

jurisdiction over a controversy, courts should not resolve the issue even if it may be within its
proper jurisdiction. This is especially true when the question involves its sound discretion
requiring special knowledge, experience, and services to determine technical and intricate
matters of fact. Republic vs. Gallo, 851 SCRA 570, G.R. No. 207074 January 17, 2018

The doctrine of primary administrative jurisdiction refers to the competence of a court to take
cognizance of a case at first instance.

The doctrine of primary administrative jurisdiction refers to the competence of a court to take
cognizance of a case at first instance. Unlike the doctrine of exhaustion of administrative
remedies, it cannot be waived. However, for reasons of equity, in cases where jurisdiction is
lacking, this Court has ruled that failure to raise the issue of noncompliance with the doctrine of
primary administrative jurisdiction at an opportune time may bar a subsequent filing of a motion
to dismiss based on that ground by way of laches. Republic vs. Gallo, 851 SCRA 570, G.R. No.
207074 January 17, 2018

Doctrine of Exhaustion of Administrative Remedies

The doctrine of exhaustion of administrative remedies provides that a party must first avail
himself or herself of all the means of administrative processes afforded him or her before he or
she is allowed to seek the intervention of the court. If resort to a remedy within the
administrative machinery can still be made by giving the administrative officer concerned every
opportunity to decide on a matter that comes within his or her jurisdiction, then such remedy

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should be exhausted first before the court’s judicial power can be sought. The premature
invocation of the intervention of the court is fatal to one’s cause of action. However, the doctrine
admits of exceptions, one of which is when the issue involved is purely a legal question. As the
issue in this case involves the legality of E.O. No. 567, a purely legal question, the filing of the
petition without exhausting administrative remedies is justified. Mangune vs. Ermita, 804 SCRA
237, G.R. No. 182604 September 27, 2016

Where what is assailed is the validity or constitutionality of a rule or regulation issued by the
administrative agency in the performance of its quasi-legislative function, the regular courts
have jurisdiction to pass upon the same.

The assailed IRR was issued pursuant to the quasi-legislative power of the Committee expressly
authorized by R.A. No. 9207. The petition rests mainly on the theory that the assailed IRR issued
by the Committee is invalid on the ground that it is not germane to the object and purpose of the
statute it seeks to implement. Where what is assailed is the validity or constitutionality of a rule
or regulation issued by the administrative agency in the performance of its quasi-legislative
function, the regular courts have jurisdiction to pass upon the same. Holy Spirit Homeowners
Association, Inc. vs. Defensor, 497 SCRA 581, G.R. No. 163980 August 3, 2006

The thrust of the rule is that courts must allow administrative agencies to carry out their
functions and discharge their responsibilities within the specialized areas of their respective
competence.

We have consistently declared that the doctrine of exhaustion of administrative remedies is a

cornerstone of our judicial system. The thrust of the rule is that courts must allow administrative
agencies to carry out their functions and discharge their responsibilities within the specialized
areas of their respective competence. The rationale for this doctrine is obvious. It entails lesser
expenses and provides for the speedier resolution of controversies. Comity and convenience also
impel courts of justice to shy away from a dispute until the system of administrative redress has
been completed. Alecha vs. Atienza, Jr., 802 SCRA 700, G.R. No. 191537 September 14, 2016

The principle of exhaustion of administrative remedies is not an iron-clad rule.

The principle of exhaustion of administrative remedies, however, is not an iron-clad rule and is
disregarded when any of the following exceptions are present: (1) when there is a violation of

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 2020 BAR REVIEW POLITICAL LAW
Handout No. 42
ADMINISTRATIVE LAW

due process; (2) when the issue involved is purely a legal question; (3) when the administrative
action is patently illegal amounting to lack or excess of jurisdiction; (4) when there is estoppel on
the part of the administrative agency concerned; (5) when there is irreparable injury; (6) when
the respondent is a department secretary whose acts as an alter ego of the President bear the
implied and assumed approval of the latter; (7) when to require exhaustion of administrative
remedies would be unreasonable; (8) when it would amount to a nullification of a claim; (9) when
the subject matter is a private land in land case proceedings; (10) when the rule does not provide
a plain, speedy and adequate remedy; and (11) when there are circumstances indicating the
urgency of judicial intervention. Alecha vs. Atienza, Jr., 802 SCRA 700, G.R. No. 191537
September 14, 2016

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