ADJUDICATORY/DETERMINATIVE POWER HIERARCHY OF EVIDENTIARY VALUES

 Power od administrative agencies to better enable them to 1. No evidence;

exercise their quasi-judicial authority. 2. Scintilla of evidence;
3. Reasonable suspicion;
CLASSIFICATIONS OF DETERMINATIVE POWER:
4. Probable cause;
ENABLING POWERS-power that permit the doing of an act which
5. Substantial evidence;
the law undertakes to regulate and which would be unlawful
6. Preponderance of evidence;
with/without government approval
7. Clear and convincing evidence; and
DIRECTING POWERS-powers that order the doing or performance
8. Proof beyond reasonable doubt.
or particular acts to ensure compliance with the law and are often
exercised for corrective purposes DOCTRINE OF PRIMARY JURISDICTION (DOCTRINE OF PRIOR
DISPENSING POWER - allows administrative officer to relax the RESORT)
general operation of a law or to exempt from general prohibition, or
 applies where a case is within the concurrent Jurisdiction of
relieve an individual or a corporation from an affirmative duty
the court and an administrative agency but the
EXAMINING POWER- also called investigatory power, consists in
determination of the case requires the technical expertise
requiring production of books, papers, etc., the attendance of
of the administrative agency. In such a case, although the
witnesses and compelling their testimony.
matter is within the jurisdiction of the court, it must yield to
SUMMARY POWERS- power to apply compulsion or force against
the Jurisdiction of the administrative case.
persons or property to effectuate a legal purpose without judicial
warrants to authorize such actions DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES
EQUITABLE POWERS - permits the administrative tribunal to
determine the law upon a particular state of facts and consider and  applies where a claim is cognizable in the first instance by
make proper application of the rules of equity. an administrative agency alone. Judicial interference is
withheld until the administrative process has been
completed
 when an adequate remedy is available within the Executive
Department, a litigant must first exhaust this remedy before
he can resort to the courts. The purpose of the doctrine is
to enable the administrative agencies to correct themselves
if they have committed an error.
DOCTRINE OF RES JUDICATA WHEN IS AN ADMINISTRATIVE ACTION RIPE FOR JUDICIAL
REVIEW?
 Forbids the reopening of a matter that has been determined
The following are the conditions for ripeness for judicial review of
by competent authority. Decisions and orders of
an administrative action:
administrative agencies, rendered pursuant to their quasi-
1) The administrative action has already been fully completed and,
judicial authority, have upon their finality, the force and
therefore, a final agency action, and
binding effect of a final judgment, within the purview of the
2) All administrative remedies have been exhausted.
doctrine of res judicata
 Applies only to judicial and quasi-judicial proceedings, not
EXCEPTIONS TO THE DOCTRINE OF EXHAUSTION OF
to the exercise of purely administrative functions.
ADMINISTRATIVE REMEDIES
EXCEPTIONS: labor relations proceedings; and in case of judgment
 The case deals with private land
rendered on a null contract
 The question involved is purely legal
 The case involves a quo warranto proceeding;
DOCTRINE OF NECESSARY IMPLICATION
 There is denial of due process,
 No statute can be enacted that can provide all the details  The decision is patently illegal
involved in its application. There is always an omission that  The aggrieved party will suffer irreparable injury;
may not meet a particular situation. What is thought, at the  There is estoppel;
time of the enactment, to be an all-embracing legislation  Resort to administrative remedies would be futile;
maybe inadequate to provide for the unfolding events of  The decision is that of a department head;
the future. So-called gaps in the law develop as the law is  The law expressly provides for immediate judicial review
enforced. One of the rules of statutory construction used to  Public interest is involved;
fill in the gap is the doctrine of necessary implication...  There was unreasonable delay in the administrative
Every statute is understood, by implication, to contain all proceedings; and
such provisions as may be necessary to effectuate its object  The aggrieved party is poor.
and purpose, or to make effective rights, powers, privileges
or jurisdiction which it grants, including all such collateral
and subsidiary consequences as may be fairly and logically
inferred from its terms.
OTHER POWERS&FUNCTIONS OF ADMINISTRATIVE AGENCIES

 Fact-finding or Investigatory/Inquisitorial Power Fixing

rates, wages and prices
 Factors to consider in rate fixing:
(1) rates should not be confiscatory;
(2) should provide reasonable return on investments;
and
(3) must be reasonable and just
 Licensing