CUS 312: Customs Proceedings CUS 312: Customs Proceedings

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CUS 312: Customs Proceedings CUS 312: Customs Proceedings

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Administrative Agency
Administrative Proceeding
It is an organ of the
government, other than a A hearing, inquiry, investigation, or trial
court and the legislature,
which affects the rights of before an administrative agency, usually
private parties either through adjudicatory in nature but sometimes
adjudication or rule making quasi-legislative.
power
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Administrative Proceeding Basic powers of administrative agencies

In administrative law, a quasi-judicial proceedings involves:
a. Taking and evaluating evidence
b. Determining facts based upon the evidence presented ✔ Quasi-legislative power or rule-making power
c. Rendering an order or decision supported by the facts proved.

The exercise of quasi-judicial functions involves determination, with respect to ✔ Quasi-judicial or adjudicatory power
the matter in controversy, of what the law is; what the legal rights and obligations
of the contending parties are; and based thereon and the facts obtaining, the
adjudication of the respective rights
and obligations of the parties. (Ligtas v. People, G.R. No. 200751, August 17,
2015)

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Quasi-legislative (Rule-making) Power Limitations to the exercise of quasi-legislative

1. Within the limits of the powers granted to administrative agencies;
power
The exercise of delegated legislative power, involving no discretion as to what the 2. Cannot make rules or regulations which are inconsistent with the provision of the
law shall be, but merely the authority to fix the details in the execution or
Constitution or statute;
enforcement of a policy set out in the law itself.
3. Cannot defeat the purpose of the statute;
It is the power to make rules and regulations which results in delegated
4. May not amend, alter, modify, supplant, enlarge, or limit the terms of the statute;
legislation that is within the confines of the granting statute and the doctrine of
non-delegability and separation of powers. 5. A rule or regulation must be uniform in operation, reasonable
and not unfair or discriminatory.
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Source of the power to promulgate administrative Quasi-judicial (Adjudicatory) Power

rules andfrom
Derived regulations
the legislature, by virtue of a valid delegation, either express or
implied.
SEC. 204. Promulgation of Rules and Regulations.
The Commissioner, subject to the approval of the Secretary of Finance, shall promulgate rules and regulations
for the enforcement of this Act. The Commissioner shall regularly prepare and publish an updated customs
manual, and the rules, regulations and decisions of the Bureau. The Commissioner shall furnish the Congress of
the Philippines, the NEDA and the Tariff Commission with electronic copies of department orders,
administrative orders, circulars, and rules and regulations promulgated pursuant to this Act.
Power of administrative authorities to make determinations of facts in the
performance of their official duties and to apply the law as they construe it to the facts
so found. It partakes the nature of judicial power, but exercised by a person other
than a judge.
The proceedings partake of the character of judicial proceedings. Administrative
body is normally granted the authority to promulgate its own rules of procedure,
provided they do not increase, diminish or modify substantive rights, and subject to
disapproval by the Supreme Court.

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Administrative Due Inapplicability of technical rules and procedure and

Process
Nature of administrative proceedings evidence
The technical rules of procedure and or evidence prevailing in
It is summary in nature. courts of law and equity are not controlling in administrative
proceedings to free administrative boards or agencies from the
Quantum of proof required in administrative compulsion of technical rules so that the mere admission of matter
which would be deemed incompetent in judicial proceedings would
proceedings
Substantial evidence – that amount of relevant evidence that a reasonable mind not invalidate an administrative order.
might accept as adequate to support a conclusion.
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Cardinal requirements of due process in Administrative Appeal And Review

administrative proceedings Administrative appeal
1. Right to a hearing which includes the right to present one’s case and submit evidence in support
thereof;
It includes the review by a higher agency of decisions rendered by an
2. The tribunal must consider the evidence presented; administrative agency, commenced by petition of an interested party.
3. The decision must be supported by evidence;
4. Such evidence must be substantial;
5. The decision must be rendered on the evidence presented at the hearing or at least contained in the Administrative review
record, and disclosed to the parties affected;
A superior officer or department head, upon his or her own
6. The tribunal or body or any of its judges must act on its own independent consideration of the law and
facts of the controversy in arriving at a decision; volition, may review the decision of an administrative agency
7. The board or body should render decision in such a manner that parties can know the various issues or that of a subordinate’s decision pursuant to the power of
involved and the reasons for the decision rendered. control.
(Ang Tibay v. CIR, G.R. No. L-46496, February 27, 1940)

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Judicial Review Requisites of judicial review of administrative action

It involves the re-examination or determination by the 1. Principle of finality of administrative action –
courts in the exercise of their judicial power in an Administrative action must have been completed
appropriate case instituted by a party aggrieved thereby as to
whether the questioned act, rule, or decision has been validly 2. Principle of exhaustion of administrative remedies-
or invalidly issued or whether the same should be nullified, Administrative remedies must have been exhausted
affirmed or modified.
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Limitations on judicial review
1. Final and executory decisions cannot be made the subject
of judicial review;
2. Administrative acts involving political question are
beyond judicial review, except when there is an allegation
that there has been abuse of discretion; and
3. Courts are generally bound by the findings of fact of an
administrative agency.
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Doctrine of Exhaustion of Administrative Remedies
It calls for resorting first to the appropriate administrative authorities in the
resolution of a controversy falling under their jurisdiction and must first be
appealed to the administrative superiors up to the highest level before the same
may be elevated to the courts of justice for review.
Premature invocation of court intervention is fatal to one’s cause of action.
Exhaustion of administrative remedies is a prerequisite for judicial review; it is a
condition precedent which must be complied with.
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Doctrine of Primary Jurisdiction or Doctrine of Prior
Resort
Under the principle of primary jurisdiction, courts cannot or will not determine a
controversy involving question within the jurisdiction of an administrative body prior to
the decision of that question by the administrative tribunal where the:
1. Question demands administrative determination requiring special knowledge,
experience and services of the administrative tribunal;
2. Question requires determination of technical and intricate issues of a fact;
3. Uniformity of ruling is essential to comply with purposes of the regulatory statute
administered.
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Rationale:
• To enable the administrative superiors to correct the errors committed by their subordinates;
• Courts should refrain from disturbing the findings of administrative bodies in deference to the
doctrine of separation of powers;
• Courts should not be saddled with the review of administrative cases;
• Judicial review of administrative cases is usually effected through special civil actions which
are available only if there is no other plain, speedy, and adequate remedy; and,
• To avail of administrative remedy entails lesser expenses and provides
for a speedier disposition of controversies.