Professional Documents
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GENERAL PRINCIPLES
Administrative Bodies
1.) Those set up to make the government a private party (ex. the
GOCCs)
2.) Those set up for situations where the government offers grants or
special privileges (ex. Bureau of Lands)
3.) Those where police power is needed to regulate private businesses
and persons (ex. SEC)
4.) Those set up to adjust individual controversies because of strong
social policies
3.) Those set up to perform some business service to the public (ex.
COWD)
6.) Those set up to regulate business that affect public interest
7.) Those set up to carry out actual government business (ex. BIR)
Quasi-Legislative Power
– the authority delegated by the law-making body to the administrative
body to adopt rules and regulations intended to carry out the provisions
of a law and implement legislative policy.
A. Reasons
B. Exceptions
D. Effect of Non-compliance
Questions Reviewable
Two kinds of questions are reviewable by the courts of justice, to wit: the
question of fact and the question of law .
A. Questions of fact
Even if allowed to review administrative decisions on questions of fact,
courts of justice generally defer to such decisions and will decline to
disturb them except only where there is a clear showing of arbitrarinessor
grave abuse of discretion. The Supreme Court ruled in Osias Academy vs.
DOLE that “findings of administrative agencies which have acquired
expertise because their jurisdiction is confined to specific matters are
generally accorded not only respect but finality.”
B. Questions of Law
Administrative bodies may be allowed to resolve questions of law in the
exercise of their quasi-judicial function as an incident of their primary
power of regulation. However as a rule, it is only the judicial tribunal that
can interpret and decide the question of law with finality.
Judicial Review
General Rules
An administrative decision may be appealed to the courts of justice only if
the Constitution or the law permits it or if the question to be reviewed is
a question of law. However, jurisprudence is replete with cases where the
Supreme Court has applied the exceptions rather than the rule. In the
case of the constitutional commission, i.e., the Commission on Elections,
the Commission on Audit, and the Civil Service Commission, it is provided
that “any decision order or ruling of each Commission may be brought to
the Supreme Court on certiorari by the aggrieved party within30 days
from receipt of a copy thereof.”On the basis of Sec. 16 of the Interim
Rules and Guideline implementing Sec. 9 (3) of BP Blg. 129, the Court of
Appeals may “review final decisions, orders, awards or resolutions or
regional trial courts and of all quasi-judicial bodies, except the
Commission on Elections, the Commission on Audit, the Sandiganbayan,
and decisions issued under the Labor Code of the Philippines and by the
Central Board of Assessment Appeals.”Other appeals are prescribed by
special laws, such as RA No. 1125, providing for appeal to the Court of
Tax Appeals of any decision rendered by the Commissioner of Internal
Revenue, the Commissioner of Customs, or any provincial or city board of
assessment appeals.
Methods of review